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In Re: CitiGroup Inc. Bond Action Litigation

MEMORANDUM OF LAW in Opposition re: 86 MOTION to Compel.. Document

22 Cited authorities

  1. In re Bankers Tr. Co.

    61 F.3d 465 (6th Cir. 1995)   Cited 359 times
    Holding Federal Reserve Board regulation barring release of confidential information not authorized by § 301

  2. Mckinley v. Bd. of Gov. of Fed. Reser. Sys.

    647 F.3d 331 (D.C. Cir. 2011)   Cited 78 times
    Holding that the work product doctrine applied to a document prepared in anticipation of litigation and was therefore protected from disclosure under FOIA Exemption 5

  3. In re Subpoena Served Upon Comptroller

    967 F.2d 630 (D.C. Cir. 1992)   Cited 85 times
    Discussing the applicability of the bank examiner's privilege to withhold documents in response to a subpoena

  4. Schreiber v. Society for Sav. Bancorp, Inc.

    11 F.3d 217 (D.C. Cir. 1993)   Cited 46 times
    Holding that a conclusory affidavit alone was insufficient to establish privileged nature of bank examination document

  5. Bank of China v. St. Paul Mercury Insurance Company

    03 Civ. 9797 (RWS) (S.D.N.Y. Nov. 18, 2004)   Cited 9 times

    03 Civ. 9797 (RWS). November 18, 2004 KATHRYN MARY RYAN, ESQ., RICHARD A. DePALMA, ESQ., Of Counsel, COUDERT BROTHERS, New York, NY, Attorneys for Plaintiff, JOHN R. RIDDLE, ESQ., MICHAEL R. KEELEY, ESQ., Of Counsel, STRASBURGER PRICE, Dallas, TX, JOHN J. CLARKE, JR., ESQ., Of Counsel, PIPER RUDNICK, New York, NY, Attorneys for Defendants. OPINION ROBERT SWEET, Senior District Judge The defendants St. Paul Mercury Insurance Company and St. Paul Fire and Marine Insurance Company (collectively "St

  6. Merchants Bank v. Vescio

    205 B.R. 37 (D. Vt. 1997)   Cited 14 times
    Finding that no privilege or exemption from discovery arises out of the federal regulations in question

  7. In re Providian Financial Corp. Securities Litigation

    222 F.R.D. 22 (D.D.C. 2004)   Cited 7 times

    Tracy D. Rezvani, Finkelstein, Thompson & Loughran, Washington, DC, James M. Wilson, Joseph P. Helm, III, Chitwood & Harley, LLP, Atlanta, GA, for Plaintiff. Rosa M. Koppel, Office of the Comptroller of the Currency, Washington, DC, for Movant. OPINION AND ORDER PAUL L. FRIEDMAN, District Judge. Plaintiffs filed this action pursuant to Rule 45(c)(2)(B) of the Federal Rules of Civil Procedure moving to compel John D. Hawke, Jr., the Comptroller of the Currency and head of the Office of the Comptroller

  8. Shirk v. Fifth Third Bancorp

    Case No. 1:05-cv-049 (S.D. Ohio Jul. 2, 2008)   Cited 1 times

    Case No. 1:05-cv-049. July 2, 2008 ORDER TIMOTHY BLACK, Magistrate Judge This civil action is before the Court upon plaintiffs' motion to compel defendants to produce documents. (Doc. 155). The documents which plaintiffs ask the Court to order defendants to produce are confidential bank examination documents. The defendants, and the Board of Governors of the Federal Reserve System, and the Ohio Superintendent of Financial Institutions, individually and collectively, object to production of these

  9. Lawrence E. Jaffe Pension v. Household Intern

    239 F.R.D. 508 (N.D. Ill. 2006)   Cited 2 times

    [Copyrighted Material Omitted] Gary L. Specks, Kaplan Fox & Kilsheimer LLP, Highland Park, IL, Frederic S. Fox, Kaplan, Kilsheimer & Fox LLP, New York, NY, Joy Ann Bull, Lerach Couglin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for Plaintiffs. Nathan P. Eimer, Adam B. Deutsch, Christine M. Johnson, Eimer Stahl Klevorn & Solberg, LLP, Stanley J. Parzen, Debra L. Bogo-Ernst, Lucia Nale, Mark Douglas Brookstein, Sheila Marie Finnegan, Susan Charles, Mayer, Brown, Rowe & Maw LLP, Eric S. Palles

  10. Raffa v. Wachovia Corp.

    242 F. Supp. 2d 1223 (M.D. Fla. 2002)   Cited 5 times
    Finding that plaintiffs were required to request non-public OCC records through administrative process before matter was ripe for court to decide

  11. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,225 times   149 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."

  12. Section 641 - Public money, property or records

    18 U.S.C. § 641   Cited 2,941 times   22 Legal Analyses
    Requiring knowledge

  13. Section 309.5 - Procedures for requesting records

    12 C.F.R. § 309.5   Cited 30 times

    (a)Definitions. For purposes of this section: (1)Commercial use request means a request from or on behalf of a requester who seeks records for a use or purpose that furthers the commercial, trade, or profit interests of the requester or the person on whose behalf the request is made. In determining whether a request falls within this category, the FDIC will determine the use to which a requester will put the records requested and seek additional information as it deems necessary. (2)Direct costs

  14. Section 4.32 - Definitions

    12 C.F.R. § 4.32   Cited 21 times   1 Legal Analyses

    (a)Complete request means a request containing sufficient information to allow the OCC to make an informed decision. (b)Non-public OCC information. Non-public OCC information: (1) Means information that the OCC is not required to release under the FOIA ( 5 U.S.C. 552 ) or that the OCC has not yet published or made available pursuant to 12 U.S.C. 1818(u) and includes: (i) A record created or obtained: (A) By the OCC in connection with the OCC's performance of its responsibilities, such as a record

  15. Section 4.37 - Persons and entities with access to OCC information; prohibition on dissemination

    12 C.F.R. § 4.37   Cited 17 times   1 Legal Analyses

    (a)Current and former OCC employees or agents; former OTS employees or agents - (1)Generally. Except as authorized by this subpart or otherwise by the OCC, no current or former OCC employee or agent or former OTS employee or agent, may, in any manner, disclose or permit the disclosure of any non-public OCC information to anyone other than an employee or agent of the Comptroller for use in the performance of OCC duties. (2)Duty of person served. Any current or former OCC employee or agent or former

  16. Appendix A to Subpart F of Part 4 - Statement Clarifying the Role of Supervisory Guidance

    12 C.F.R. § 4 app A to Subpart F of Part 4   Cited 11 times   1 Legal Analyses

    STATEMENT CLARIFYING THE ROLE OF SUPERVISORY GUIDANCE The OCC is issuing this statement to explain the role of supervisory guidance and to describe the OCC's approach to supervisory guidance. Difference Between Supervisory Guidance and Laws or Regulations (1) The OCC issues various types of supervisory guidance, including interagency statements, advisories, bulletins, policy statements, questions and answers, and frequently asked questions, to its supervised institutions. A law or regulation has

  17. Section 261.22 - Nonpublic information made available by the Board to governmental agencies and entities exercising governmental authority

    12 C.F.R. § 261.22   Cited 7 times   1 Legal Analyses
    Governing other disclosure of confidential supervisory information

  18. Section 261.14 - Appeals

    12 C.F.R. § 261.14   Cited 6 times
    Protecting from public disclosure all FDIC "[e]xamination, inspection, operating, or condition reports" and "[a]ny matter that is contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions, including a state financial institution supervisory agency"

  19. Section 261.20 - General

    12 C.F.R. § 261.20   Cited 6 times

    (a) All confidential supervisory information and other nonpublic information, including but not limited to information made available under this subpart, remains the property of the Board, and except as otherwise provided in this regulation, no person, entity, agency, or authority to whom the information is made available or who otherwise possesses the information, including any officer, director, employee, or agent thereof, may use any such information for an unauthorized purpose or disclose any