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by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@
earthlink.net,
Fax: 323.488.9697; Email: jz12345@earthlink.net c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.12.17
15:31:33 +02'00'
Scribd: http://www.scribd.com/Human_Rights_Alert
10-12-17 RE: SEC Freedom of Information Response re: SEC v Bank of America Corporation
(1:09-cv-06829)
Attached:
1) 10-12-16 RE: Request No. 11-01069-FOIA; Bank of America Corporation, Correspondence
with Attorney Mark P Siford, SEC … 2
2) 10-12-16 Attorney Siford’s Response on Request No. 11-01069-FOIA … 4
3) 10-09-09 Attorney Siford’s Response on Request No. 10-03964-FOIA … 6
4) 09-09-21 Unsigned Summons in a Civil Action - SEC v. Bank of America Corporation
(1:09-cv-06829) … 8
Human Rights Alert
PO Box 526, La Verne, CA 91750
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://human-rights-alert.blogspot.com/
Scribd: http://www.scribd.com/Human_Rights_Alert
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Subject: Request No. 11-01069-FOIA; Bank of America Corporation
Date: Thu, 16 Dec 2010 12:05:08 -0500
X-MS-Has-Attach:
X-MS-TNEF-Correlator:
Thread-Topic: Request No. 11-01069-FOIA; Bank of America Corporation
Thread-Index: AcudQ2AayjrKf/9XTX+anKv7bL7UMQ==
From: "Siford, Mark P." <SifordM@SEC.GOV>
To: <jz12345@earthlink.net>
X-OriginalArrivalTime: 16 Dec 2010 17:05:15.0358 (UTC) FILETIME=[689B77E0:01CB9D43]
X-ELNK-AV: 0
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Mark P. Siford
FOIA/Privacy Act Attorney Advisor
SEC
Dear Mr Siford:
Thank you for your December 16, 2010, response, copied below.
I am under the impression that significant number of the records covered by the above statement are
likely not to exist at all.
I do not believe that a lengthy process is required to establish the facts in this matter through counsel
for SEC, who appeared in the case of SEC v. Bank of America Corporation (1:09-cv-06829). In fact,
given that such counsel have access to CM/ECF, the case management system of the US District
Court, the answer should be instantaneous.
Could you please respond with a clear statement, which of the records, covered by the above
statement may exist, but need to be located, and which of the records do not exist at all?
B. Regarding another litigation record, not mentioned in your response - the NEF for the
February 24, 2010 Final Consent Judgment.
I have repeatedly requested a copy of the NEF (Notice of Electronic Filing) pertaining to the February
24, 2010 Final Consent Judgment in SEC v. Bank of America Corporation (1:09-cv-06829).
It is a public record, pursuant to First Amendment rights and US Supreme Court decision in Nixon v
Warner Communication, Inc (1978), as well as Freedom of Information Act.
As is the case with other record in the above litigation, I have no access to it, since it was excluded from
PACER.
Counsel for SEC must have instantaneous access to the NEF (Notice of Electronic Filing) pertaining to
the February 24, 2010 Final Consent Judgment in SEC v. Bank of America Corporation (BAC)(1:09-cv-
06829), a 1-2 page record.
Could you please provide a copy of the NEF pertaining to the February 24, 2010 Final Consent
Judgment?
I would be grateful for your help regarding the two above questions.
Truly,
Human Rights Alert is dedicated to discovering, archiving, and disseminating evidence of Human
Rights violations by the justice systems of the State of California and the United States in Los Angeles
County, California, and beyond. Human Rights Alert focuses on the unique role of computerized case
management systems in the precipitous deterioration of the integrity of the justice system in the United
States.
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
STATION PLACE
100 F STREET, NE
WASHINGTON, DC 20549-2736
1) Summons as issued;
2) Execution/waiver of service of summons and complaint;
3) Assignment of the case to Judge Jed Rakoff;
4) Two off-the-record proceedings: August 10, 2009 and January
11, 2010;
5) All other proceedings, conducted by telephone conferences,
where no evidence of minutes is provided in the PACER
docket.
Sincerely,
Mark P. Siford
FOIA/Privacy Act Attorney Advisor
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
STATION PLACE
100 F STREET, NE
WASHINGTON, DC 20549-2736
September 9, 2010
Sincerely,
Mark P. Siford
FOIA/Privacy Act Attorney Advisor
Enclosure
AO 440 (Rev. 02/09) Summons in a Civil Action
Within 20 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Scott L Black, Esq.
Securities and Exchange Commission
New York Regional Office
Three World Financial Center
New York, NY 10281
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.
CLERK OF COURT
Date: 09/21/2009
Signature of Clerk or Deputy Clerk
AO 440 (Rev. 02/09) Summons in a Civil Action (Page 2)
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
u I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual’s last known address; or
u Other (specify):
.
My fees are $ for travel and $ for services, for a total of $ 0.00 .
Date:
Server’s signature
Server’s address