R.J. Zayed v. Associated Bank, N.A., from 13-cv-232 (D. Minn.)

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On January 29, 2013, the Receiver filed a lawsuit against Associated Bank, alleging claims for aiding and abetting fraud, breach of fiduciary duty, conversion, and false representations and omissions. The Receiver is represented by contingency fee counsel in this matter.

 
Filings in Zayed v. Associated Bank

Date

Title


 

April 10, 2017
 

April 10, 2017

March 24, 2017

March 24, 2017
 


 

Order granting Associated Bank's Consent Motion for Extension of Time To File Brief. Associate Bank's brief is now due May 26, 2017.

Associated Bank's Consent Motion for Extension of Time To File Brief

Receiver's Redacted Appellate Brief

Addendum to Receiver's Appellate Brief


 

April 19, 2017
 

April 10, 2017
 

April 6, 2017
 


April 6, 2017
 


March 21, 2017

March 14, 2017
 

March 14, 2017
 

February 16, 2017
 

February 15, 2017

February 15, 2017
 

February 15, 2017
   


 

Amended Notice of Hearing on Associated Bank's Motion for Attorneys' Fees. The new hearing date is June 14, 2017, at 9:00 a.m.

Defendant Associated Bank's Reply in Support of its Motion for Attorneys' Fees

Receiver's Response Memorandum of Law in Opposition to Associated Bank's Motion for Attorneys' Fee Pursuant to Rule 37(c)(2) and the Receiver's Request For Sanctions Under Rule 37(a)(5)(B)

Declaration of Michael R. La Porte in Support of The Receiver's Response in Opposition to Associated Bank's Motion for Attorneys' Fee Pursuant to Rule 37(c)(2) and the Receiver's Request For Sanctions Under Rule 37(a)(5)(B)

Defendant Associated Bank, NA's Response in Support of its Bill of Costs

Receiver's Response in Opposition to Associated Bank, NA's Motion to Tax Costs

Declaration of Keith Vogt in Support of Receiver's Response in Opposition to Associated Bank, NA's Motion to Tax Costs, including exhibits

Notice of Hearing on Associated Bank's Motion for Attorney Fees under Rule 37(c)(2). Hearing is set for April 20, 2017, at 9:00 a.m.

Associated Banks's Motion for Attorneys' Fees Pursuant to Rule 37(c)(2)

Associated Bank's Memorandum in Support of it's Motion for Attorneys' Fees Pursuant to Rule 37(c)(2)

Exhibit Index to Associated Bank's Motion for Attorneys' Fees Pursuant to Rule 37(c)(2) and corresponding exhibits


January 31, 2017


Notice of Appeal to 8th Circuit


January 31, 2017

November 28, 2016
 

November 18, 2016
 

October 21, 2016
 

October 21, 2016
   

October 28, 2016
 


Order Denying Receiver's Motion to Exclude Expert Testimony as moot

(REDACTED) Corrected Receiver's Reply in Support of his Motion to Strike and Bar the Testimony of Charles Grice

(REDACTED) Associated Bank's Brief in Opposition to Receiver's Motion to Strike and Bar the Testimony of Charles Grice

Receiver's Motion to Strike the Report of and Bar the Testimony of Charles Grice

Receiver's Notice of Motion to Strike the Report of and Bar the Testimony of Charles Grice. Hearing set for December 9, 2016 at 10:00 a.m.

(REDACTED) Receiver's Memorandum of Law in Support of his Motion to Strike the Report of and Bar the Testimony of Charles Grice


January 31, 2017

November 28, 2016

November 18, 2016
 

October 21, 2016

October 21, 2016
   

October 28, 2016
 


Order Denying Receiver's Motion to Exclude Expert Testimony as moot

Receiver's Reply in Further Support of His Motion to Strike the Report of and Bar the Testimony of Karl Jarek

(REDACTED) Associated Bank's Brief in Opposition to Receiver's Motion to Strike Portions of the Report of and Bar the Testimony of Karl Jarek

Receiver's Motion to Strike the Report of and Bar the Testimony of Karl Jarek

Receiver's Notice of Motion to Strike the Report of and Bar the Testimony of Karl Jarek. Hearing set for December 9, 2016 at 10:00 a.m.

(REDACTED) Receiver's Memorandum of Law in Support of his Motion to Strike the Report of and Bar the Testimony of Karl Jarek


January 31, 2017
 

November 28, 2016
 

November 18, 2016
 

October 21, 2016
 

October 21, 2016
   

October 28, 2016
 


Order Denying Associated Bank's Motion to Exclude Expert Testimony as moot

(REDACTED) Associated Bank's Reply Brief in Support of it's Motion to Exclude the Testimony of Ms. Catherine Ghiglieri

(REDACTED) Receiver's Response in Opposition to Associated Bank's Motion to Exclude the Testimony of Ms. Catherine Ghiglieri

Associated Bank's Motion to Exclude the Testimony of Ms. Catherine Ghiglieri

Notice of Hearing on Associated Bank's Motion to Exclude the Testimony of Catherine Ghiglieri. Hearing set for December 9, 2016 at 10:00 a.m.

(REDACTED) Associated Bank's Brief in Support of Its Motion to Exclude the Testimony of Catherine Ghiglieri


January 31, 2017

November 28, 2016
 

November 21, 2016
 

October 21, 2016  

October 21, 2016
   

October 28, 2016
 


Order Granting Associated Bank's Motion for Summary Judgment

(REDACTED) Associated Bank's Reply Brief in Support of it's Motion for Summary Judgment

(REDACTED) Corrected Receiver's Response in Opposition to Defendant Associated Bank's Motion for Summary Judgment

Associated Bank's Motion for Summary Judgment

Notice of Hearing on Associated Bank's Motion for Summary Judgment. Hearing set for December 9, 2016 at 10:00 a.m.

(REDACTED) Associated Bank's Brief In Support Of Its Motion For Summary Judgment


January 31, 2017
 

November 28, 2016
 

November 18, 2016
 

October 21, 2016  

October 21, 2016
   

October 28, 2016
 


Order Denying Associate Bank's Motion for Sanctions or an Adverse Inference as moot

Associated Bank's Reply in Support of Motion for Adverse Interference Or Other Sanctions

Receiver's Response in Opposition to Associated Bank's Motion for Adverse Interference Or Other Sanctions

Associated Bank's Motion for Adverse Interference Or Other Sanctions

Notice of Hearing on Associated Bank's Motion for Adverse Interference Or Other Sanctions. Hearing set for December 9, 2016 at 10:00 a.m.

Associated Bank's Memorandum In Support Of Motion For Adverse Interference Or Other Sanctions


November 22, 2016
 

October 20, 2016
 

October 20, 2016

   

October 20, 2016
 


Order Denying Receiver's Motion to Compel Production of Litigation Hold Notices and Inspection of Document Repositories of Two Key Witnesses.

The Receiver's Motion to Compel Production of Litigation Hold Notices and Inspection of Document Repositories of Two Key Witnesses

The Receiver's Notice of Hearing on Motion to Compel Production of Litigation Hold Notices and Inspection of Document Repositories of Two Key Witnesses.

(REDACTED) Memorandum of Law in Support of Receiver's Motion to Compel Production of Litigation Hold Notices and Inspection of Document Repositories of Two Key Witnesses


September 27, 2016

September 26, 2016

September 26, 2016
 


Fifth Amended Pretrial Scheduling Order

Joint Stipulation to Modify Pretrial Scheduling Order

Memorandum in Support of the Parties Joint Stipulation to Modify Pretrial Scheduling Order


September 9, 2016
 

May 12, 2016
 

May 6, 2016
 

May 6, 2016
 

May 6, 2016

 

May 13, 2016

 

May 13, 2016

 

May 13, 2016

 

May 17, 2016

 


Amended Order Granting Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions.

Amended Notice of Hearing on the Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions

The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions

Memorandum of Law In Support of The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions

Declaration of La Porte in Support of The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions

Defendant Associated Bank's Opposition to The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions, Exhibits A-C

Declaration of Medlock in Support of Defendant Associated Bank's Opposition to The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions

Non-Party Behm's Joinder in Defendant Associated Bank's Opposition to The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions

Reply Memorandum of Law in Further Support of The Receiver's Motion to Compel Third-Party Subpoena Respondent Michael Behm to Answer Deposition Questions


September 9, 2016
 


April 12, 2016

 

April 12, 2016

 

April 12, 2016

 

April 12, 2016

 

April 19, 2016

 

April 19, 2016


 

April 25, 2016

 

April 25, 2016

 


Amended Order Denying Associated Bank's Motion to Compel the Receiver to Attend the Rule 30(b)(6) Depositions. The Receiver is ordered to supplement its responses to Interrogatory No. 9.

Defendant Associated Bank's Notice of Hearing on Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC

Defendant Associated Bank's Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC

Defendant Associated Bank's Memorandum in Support of its Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC

Declaration of Medlock in Support of Defendant Associated Bank's Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC, Exhibits 1-19

Receiver's Response to Associated Bank's Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC, Exhibits A-I

Declaration of La Porte in Support of Receiver's Response to Associated Bank's Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC, Exhibits A-I

Defendant Associated Bank's Reply in Support of its Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC

Declaration of Lakatos in Support of Defendant Associated Bank's Reply Brief in Support of it's Motion to Compel the Receiver's Designee to Attend the Rule 30(b)(6) Depositions of Crown Forex, LLC and Oxford Global FX, LLC


August 19, 2016


(Redacted) Report of Associated Bank's Expert, Karl A. Jarek


August 19, 2016


(Redacted) Report of Associated Bank's Expert, Charles H. Grice


July 18, 2016


(Redacted) Report of the Receiver's Expert, Catherine A. Ghiglieri


May 18, 2016


Fourth Amended Pretrial Scheduling Order


April 25, 2016


Third Amended Pretrial Scheduling Order


March 11, 2016

March 8, 2016

March 8, 2016


Second Amended Pretrial Scheduling Order

Joint Stipulation to Modify Pretrial Scheduling Order

Memorandum in Support of the Parties' Joint Stipulation to Modify Pretrial Scheduling Order


January 8, 2016

December 9, 2015
 

December 9, 2015
 

December 9, 2015
 

December 9, 2015
 

December 16, 2015
 


Order Denying Associated Bank's Motion to Compel

Defendant Associated Bank's Motion to Compel Responses to its First Set of Request for Admission

Defendant Associated Bank's Notice of Hearing on its Motion to Compel Responses to its First Set of Requests for Admission

Defendant Associated Bank's Memorandum of Law in Support of its Motion to Compel Responses to its First Set of Request for Admission

Declaration of Stephen Medlock in Support of Defendant Associated Bank's Motion to Compel, Exhibits A - I

Receiver's Response to Associated Bank's Motion to Compel Responses to First Set of Requests for Admission


November 9, 2015

November 5, 2015
 

November 5, 2015


Order Granting Leave to Depose Patrick Kiley and Christopher Pettengill

Defendant Associated Bank, N.A.'s Unopposed Motion to Depose Patrick Kiley and Christopher Pettengill

Defendant Associated Bank, N.A.'s Memorandum of Law in Support of its Motion to Depose Patrick Kiley and Christopher Pettengill


August 24, 2015


Amended Pretrial Scheduling Order


August 18, 2015


Defendant Associated Bank, N.A.'s Answer


August 17, 2015


Supplemental Rule 26(f) Report


August 4, 2015

          April 14, 2015

          April 14, 2015

         
          April 14, 2015


April 14, 2015


April 14, 2015


Order Denying Associated Bank's Motion to Dismiss

Defendant Associated Bank's Renewed Motion to Dismiss

Memorandum of Law in Support of Defendant's Motion to Dismiss Regarding in Pari Delicto and Res Judicata

Receiver's Memorandum in Opposition to Associated Bank's Motion to Dismiss (REDACTED) originally filed April 26, 2013

Receiver's Memorandum in Opposition to Associated Bank's Motion to Dismiss

Reply in Support of Defendant's Motion to Dismiss Regarding in Pari Delicto and Res Judicata


April 14, 2015


Pretrial Scheduling Order Phase I


April 14, 2015


Order for Settlement Conference


April 14, 2015


Protective Order


March 24, 2015


Rule 26(f) Report


March 6, 2015


Order for Pretrial Conference


March 2, 2015


 

December 20, 2013

 

February 12, 2014

 

March 5, 2014

June 24, 2014

August 26, 2014

August 27, 2014

October 9, 2014


On March 2, 2015, the United States Court of Appeals for the Eighth Circuit reversed the District Court’s Order granting Associated Bank’s motion to dismiss the Receiver’s complaint and remanded the case to the District Court for further proceedings. The opinion can be found here.

Receiver's Appellate Brief

Addendum

Associated Bank's Appellate Brief

Addendum

Receiver's Reply Brief

Receiver's Letter to Court

Associated Bank's Letter to Court

Receiver's Letter to Court

Oral argument audio recording


February 18, 2014

February 14, 2014
 

February 18, 2014


Order

Receiver's Motion to Determine whether Issues Raised by Appellee are within Scope of Appeal

Associated Bank's Opposition


February 18, 2014

February 14, 2014

February 18, 2014


Order Granting Enlargement in Part

Receiver's Motion for Enlargement of Time within which to File Reply

Associated Bank's Opposition


January 8, 2014

January 7, 2014


Order Granting Extension in Part

Associated Bank's Motion for Extension of Time to File Brief


October 29, 2013

November 14, 2013


Notice of Appeal to 8th Circuit

Receiver's Statement of Issues on Appeal


October 21, 2013

October 10, 2013

October 16, 2013


Order Denying Receiver's Request

Receiver's Letter to Request Permission to File a Motion to Reconsider

Associated Bank's Letter in Response to Receiver's Request


September 30, 2013

February 22, 2013

April 5, 2013

 

 
 

April 26, 2013

May 3, 2013

June 24, 2013

June 24, 2013

July 10, 2013

July 15, 2013


Order Granting Associated Bank's Motion to Dismiss

Associated Bank's Motion to Dismiss

Redacted Memorandum in Support

Placeholder for Under Seal Memorandum

Appendix Part 1
Appendix Part 2

Receiver's Response in Opposition

Associated Bank's Reply in Support

Associated Bank's Letter to Judge Doty

Receiver's Letter to Judge Doty in Response

Associated Bank's Letter to Judge Doty

Receiver's Letter to Judge Doty in Response


April 15, 2013

February 21, 2013

 

 

 
 

February 21, 2013

 

February 22, 2013

 

March 2, 2013

 

 
 
 

March 15, 2013

 


Order on Motion to De-Designate Documents and Unseal Complaint

Motion to De-Designate Documents and Unseal Complaint

Memorandum in Support

Declaration of Keith Vogt in Support

Exhibit A
Exhibit B

Amended Meet and Confer Statement

Attachment

Non-Party Star Tribune's Motion to Intervene and to Unseal Documents

Memorandum in Support

Defendant Associated Bank's Memorandum in Opposition to Motions

Declaration of Alex Lakatos in Support of Opposition

Exhibit A
Exhibit B
Exhibit C

Receiver's Letter to Judge Mayeron

Associated Bank's Letter to Judge Mayeron


April 4, 2013

April 3, 2013

March 28, 2013

April 1, 2013

April 1, 2013


Amended Order Granting Motion for Recusal

Order Granting Motion for Recusal

Receiver's Motion for Leave to Recuse

Plaintiff SEC's Response

Plaintiff CFTC's Response


April 19, 2013

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

January 29, 2013


Complaint (Unredacted)

Exhibit 3
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 13
Exhibit 16
Exhibit 17
Exhibit 18
Exhibit 19
Exhibit 21
Exhibit 22
Exhibit 23
Exhibit 24
Exhibit 27
Exhibit 29
Exhibit 30
Exhibit 31
Exhibit 32
Exhibit 33
Exhibit 34
Exhibit 35
Exhibit 36
Exhibit 37

Complaint (Redacted)

Placeholder for Under Seal Complaint
Placeholder for Under Seal Exhibits
Exhibit 1
Exhibit 2
Exhibit 4
Exhibit 11
Exhibit 12 Part 1
Exhibit 12 Part 2
Exhibit 12 Part 3
Exhibit 12 Part 4
Exhibit 12 Part 5
Exhibit 14
Exhibit 15
Exhibit 20
Exhibit 25
Exhibit 26
Exhibit 28
Exhibit 38


January 29, 2013

January 29, 2013


Order Granting Motion to File Under Seal

Motion to File Complaint Under Seal


August 3, 2011


Protective Order