Casissa v. First Republic Bank, CASE NO. C 09 04129 CWEDL

• Court: United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
• Parties: FREDERICK J. CASISSA, Plaintiff, v. FIRST REPUBLIC BANK, a division of MERRILL LYNCH BANK AND TRUST, FSB, DOE 1 through DOE 20, Defendants. ELIZABETH RIGGINS, Plaintiff, v. FIRST REPUBLIC BANK, a division of MERRILL LYNCH BANK AND TRUST. FSB, DOE 1 through DOE 20 ,Defendants.
• Decision Date: 30 March 2012
• Docket Number: CASE NO. C 09 04129 CWEDL,CASE NO. C 09 04130 CW EDL

FREDERICK J. CASISSA, Plaintiff,
v.
FIRST REPUBLIC BANK, a division of
MERRILL LYNCH BANK AND TRUST,
FSB, DOE 1 through DOE 20, Defendants.
ELIZABETH RIGGINS, Plaintiff,
v.
FIRST REPUBLIC BANK, a division of
MERRILL LYNCH BANK AND TRUST.
FSB, DOE 1 through DOE 20 ,Defendants.

CASE NO. C 09 04129 CWEDL
CASE NO. C 09 04130 CW EDL

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

DATED: March 20, 2012
Dated: March 30, 2012

Stephen M. Murphy, State Bar No. 103768
P. Bobby Shukla, State Bar No. 229736
LAW OFFICES OF STEPHEN M. MURPH"
San Francisco, California 94111

Attorneys for Plaintiffs,
FREDERICK J. CAS1SSA and
ELIZABETH RIGGINS

Stephen R. Jaffe, State Bar No. 49539
LAW OFFICES OF STEPHEN R. JAFFI
San Francisco, CA 94111

Attorney for Plaintiffs,
FREDERICK J. CASISSA and
ELIZABETH RIGGINS

Steven R. Blackburn, State Bar No. 154797
Andrew J. Sommer, State Bar No. 192844
EPSTEIN BECKER & GREEN, P.C.
One California Street, 26th Floor
San Francisco, California 94111-5427

Attorneys for Defendant,
BANK OF AMERICA, N.A. (as successor in
interest to Merrill Lynch Bank and Trust,
FSB)

JOINT STATEMENT REGARDING PLAINTIFF'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS AND ORDER Date: Thursday, March 13, 2011 Time: 10:00 a.m. Courtroom: E, 15th Floor Hon. Elizabeth D. Laporte
Removal filed: September 4, 2009 Trial: August 21, 2012

Page 2

Pursuant to the Court's instruction, the parties, by and through their counsel of record, submit the following Joint Statement regarding Plaintiffs Motion to Compel Production of Documents:

On March 16, 2012, the parties' counsel met and conferred over pending issues from Plaintiffs' motion.

Request for Production No. 10:

Defendant stipulates that the Plaintiffs were not terminated because of their handling of matters involving Ronald Baron and Sandell Assets.

After a reasonable and diligent search, Defendant has not located any responsive files, folders and subfolders that are stored, recorded or otherwise preserved under either Plaintiffs name and contain the heading "2007 investigations." See Declaration of Manuel Medina (''Medina Dec"), Exhibit A, ¶¶ 3, 4; Declaration of Andrew J. Sommer ("Sommer Dec."), Exhibit B, ¶ 2. In addition, most potentially responsive documents referring to the underlying subject matter are protected from disclosure because they relate to Suspicious Activity Reports See 31 U.S.C. § 5318(g) and the related regulations at 12C.F.R. § 21.1 l(k) and 31 C.F.R. § 1020.320(d). This prohibition...