In re Fannie Mae Securities Litigation

District of Columbia, dcd-1:2004-cv-01639

Joint MOTION to Strike EXPERT WITNESS, OR IN THE ALTERNATIVE, TO COMPEL THE IMMEDIATE CONTINUATION OF HIS DEPOSITION by J.TIMOTHY HOWARD, KPMG LLP, FRANKLIN RAINES, LEANNE G. SPENCER.

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UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA In re Federal National Mortgage Associate MDL No. 1688 Securities, Derivative, and "ERISA" Litigation In re Fannie Mae Securities Litigation Consolidated Civil Action No. 1:04-cv-01639 (RJL) FILED WITH REDACTIONS EXHIBITS UNDER SEAL TO FOLLOW DEFENDANTS' MOTION TO STRIKE EXPERT WITNESS, OR IN THE ALTERNATIVE, TO COMPEL THE IMMEDIATE CONTINUATION OF HIS DEPOSITION For the reasons stated in the accompanying Memorandum of Law, Defendants Franklin D. Raines, KPMG, J. Timothy Howard, and Leanne G. Spencer, by their undersigned counsel, respectfully move to strike the expert opinion of Mr. Harvey Pitt, or in the alternative, to compel the immediate continuation of his deposition, to be held on March 3-4, 2011. Given the urgent nature of this motion, Defendants will file the exhibits that accompany this Motion under seal on Monday, February 28, 2011. Pursuant to Local Civil Rule 7(m), counsel for the Defendants conferred with counsel for the Lead Plaintiffs concerning the matters discussed herein prior to filing the motion. Counsel were not, however, able to resolve their differences. Accordingly, Defendants seek the requested relief from the Court. A proposed Order is attached. 1 Dated: February 25, 2011 Respectfully submitted, /s/ Kevin M. Downey Kevin M. Downey (D.C. Bar No. 438547) Alex G. Romain (D.C. Bar No. 468508) Joseph M. Terry (D.C. Bar No. 473095) WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. Washington, DC 20005 (202) 434-5000 (telephone) (202) 434-5029 (facsimile) Counsel for Defendant Franklin D. Raines /s/ F. Joseph Warin ____ F. Joseph Warin (D.C. Bar No. 235978) Scott A. Fink (pro hac vice) Andrew S. Tulumello (D.C. Bar No. 468351) GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 (202) 955-8500 (telephone) (202) 467-0539 (facsimile) Counsel for Defendant KPMG /s/ Steven M. Salky Steven M. Salky (D.C. Bar No. 360175) Eric R. Delinsky (D.C. Bar No. 460958) ZUCKERMAN SPAEDER LLP 1800 M Street, NW, Suite 1000 Washington, DC 20036 (202) 778-1800 (telephone) (202) 822-8106 (facsimile) Counsel for Defendant J. Timothy Howard 2 /s/ David S. Krakoff______________________ David S. Krakoff (D.C. Bar No. 229641) Christopher F. Regan (D.C. Bar No. 433972) BUCKLEYSANDLER LLP 1250 24th Street, NW Washington, DC 20037 (202) 349-8000 (telephone) (202) 349-8080 (facsimile) Counsel for Defendant Leanne G. Spencer 3 CERTIFICATE OF SERVICE I certify that on February 25, 2011, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the counsel of record in this matter who are registered on CM/ECF. /s/ Eun Young Choi Eun Young Choi 4