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LoPresti v. Citigroup, et al. CV-02-6492 (SJ)(VVP)
In the Federal District Court, Eastern District of N.Y.

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The District Court's Docket Sheet

• Second Amended Complaint: LoPresti v. Citigroup, et. al.
• Exhibits A Through Z of Second Amended Complaint
1. Exhibit D - 3 The Lutheran Medical Center notice to employees - stating that CitiStreet is a "Joint Venture between Citigroup and State Street, two of the largest, most well respected financial companies in the country".
2. Exhibit Z-2 - "About CitiStreet" PR release by CitiStreet explaining size and ownership of CitiStreet as being a 50/50 Joint Venture between State Street Corp and Citigroup
3. Exhibit Z-3 - Letter date 2/4/03 from Weil Gotshal & Manges to LoPresti's lawyer stating that CitiStreet "is not a legal entity" and that Copeland Associates no longer exists as of August 2000.
4. Exhibit Z-6 - Check drawn by the allegedly non-existent Copeland Associates, Inc on 10/7/2002 for $108,717.63 - signed by Robert Dughi, 2 years after they no longer existed.
5. Exhibit Z-7 - Check drawn by allegedly non-existent Copeland Associates, Inc. on 9/10/2002 for $107,566.48 - signed by Robert Dughi - 2 years after they no longer existed.

2.1 - Press Release from State Street Global Advisors - Dated April 4, 2000 - Announcing the Completion of the Formation of the Joint Venture Called CITISTREET, Owned 50/50 by State Street Corp. and Citigroup.

1. It contains quotations from Robert C. Dughi, who is identified as being the President of CITISTREET. Mr. Dughi denied the existence of CITISTREET in an affidavit dated May 1, 2003, that was submitted to the Court by the law firm of Weil Gotshal & Manges, LLP, attorneys for the defendants State Street Corp. and Citigroup Inc. in support of the contention of Weil Gotshal & Manges, LLP that CITISTREET and Copeland Associates, Inc. were non-existent entities.
2. The Dughi affidavit is reproduced in item #11 below at page 21. Mr. Dughi swore to the Court in paragraph 3 of his affidavit that "there is no cognizable legal entity called just "CITISTREET". In paragraph 4 he swore that "CITISTREET" does not exist". In paragraph 6 Mr. Dughi also swore that in August 2000 Copeland Associates, Inc. was merged out of existence.
3. It is to be noted that this press release was not amongst the many press releases issued by CITISTREET and other media articles that were presented by LoPresti to the Court after defaults had occurred, regarding their existence, because LoPresti only became aware of this Press Release in late May 2006. LoPresti had contended, to no avail, in this action that CITISTREET was a 50/50 Joint Venture between Citigroup, Inc. and State Street Corp., and that COPELAND ASSOCIATES, Inc. was a de facto corporation because it continued issuing six figure checks years after it was said to have gone out of existence.
• Text of the Statutes Cited in the Second Amended Complaint.
• Some Papers Regarding Motion for Default Judgements against Citistreet & Copeland Associates, Inc., for their failure to appear in the action.
1. Page 1 - Letter from Weil Gotshal & Manges, attorney's for Citigroup, Inc. and State Street, Corp., to James Giokas, Chief Deputy Clerk, dated 3/17/03, reiterating "that Copeland Associates, Inc no longer exists" as of August 2002 and that ".there is not a cognizable legal entity entitled "CitiStreet"".
2. Page 10 - Press release from CitiStreet dated 3/27/03 stating it has 3,500 employees, 8 million participants, with $170 billion in assets and that CitiStreet is a 50/50 Joint Venture between State Street Corp (NYSE:STT) and Citigroup (NYSE:C).
• Transcript of 07/07/03 proceeding before Hon. U.S.M.J. Viktor V. Pohorelsky
1. Page 3 - Opening comments by Magistrate Judge Viktor V. Pohorelsky, held on 7/7/03 that there is no CitiStreet and that Copeland Associates, Inc. does not exist and that he doesn't understand why LoPresti is ".going through this rigmarole", and statement by the Magistrate Judge regarding the existence of CitiStreet and Copeland that it is a factual dispute which would require discovery.
2. Page 8 - Line 23 - Statement by Magistrate Judge Pohorelsky that there is no company named CitiStreet.
3. Page 9 - Line 24 - Statement by Magistrate Judge Pohorelsky that LoPresti is ". just playing games." in seeking a default judgment against CitiStreet and Copeland.
• Plaintiff's motion to disqualify Hon. Magistrate Judge Pohorelsky
1. Page 42 - Denial by Magistrate Judge Pohorelsky that he recuse himself based on his having worked with Ping Moy, Esq., general counsel for Lutheran Medical Center, when they were both Assistant U.S. State Attorneys in the Southern District of New York.
2. Page 51 - Letter from Robert Heinemann dated 5/4/2004, refusing to note the defaults of CitiStreet and Copeland Associates, Inc. on the docket of the court.
3. Page 61 - Order from Magistrate Judge Viktor V. Pohorelsky, dated 6/17/04, stating that he would preside at the hearing to be held on LoPresti's motion to disqualify Magistrate Judge Viktor V. Pohorelsky.
• Plaintiff's reply affidavit on motion to disqualify Hon. Magistrate Judge Pohorelsky
• Plaintiff's petition for Writs of Mandamus & Prohibition to 2nd Circuit Ct. of Appeals
• Plaintiff's Motion For Sanctions Under Rule 11 against Weil Gotshal & Manges LLP for advocating the non-existence of CITISTREET and Copeland Associates, Inc.
1. Page 15 - Bio of Merrill B. Stone, Esq., a partner in Kelley Drye &Warren wherein it is stated that attorney Stone represented State Street in forming the CitiStreet Joint Venture with Citigroup.
2. Page 26 - Affidavit dated 5/7/03 of David Lender, Esq. of Weil Gotshal & Manges to the court concerning the non-existence of CitiStreet and Copeland.
3. Page 28 - Weil Gotshal & Manges argues to the court on 5/7/03 that LoPresti's assertions of the existence of CitiStreet are ".based on a meaningless discussion about unauthenticated press releases."
4. Page 33 - Affidavit to the court dated 5/1/03 by Robert Dughi stating that "CitiStreet does not exist".
5. Page 71 - An article dated 5/02 quoting Robert Dughi, stating he is the President of CitiStreet.
6. Page 73 - Article dated 12/8/99 from CNN Money concerning formation of CitiStreet as a Joint Venture between Citigroup, Inc. and State Street, Corp.
7. Page 74 - An article in the Boston Business Journal dated 12/8/99 regarding the formation of a Joint Venture called CitiStreet between Citigroup, Inc. and State Street, Corp.
8. Page 75 - Article dated 12/9/99 from the New York Times regarding the formation of a Joint Venture called CitiStreet between Citigroup, Inc. and State Street, Corp.
9. Page 82 - Article from Newsday dated 2/2/01 concerning award by Nassau County and the criticisms for the County appointing CitiStreet as a vendor for pensions to Nassau County employees.
10. Page 139 - Check dated 9/18/02 written by Copeland Associates, Inc. signed by Robert Dughi for the sum $107,586.48. Mr. Dughi had previously sworn that Copeland Associates, Inc. did not exist because it went out of business in a merger in the year 2000.
11. Page 140 - Page 139 - Check dated 10/7/02 written by Copeland Associates, Inc. signed by Robert Dughi for the sum $108,717.63. Mr. Dughi had previously sworn that Copeland Associates, Inc. did not exist because it went out of business in a merger in the year 2000.
12. Page 141 - Check dated 1/8/03 written by Copeland Associates, Inc. signed by Robert Dughi for the sum $107,826.13. Mr. Dughi had previously sworn that Copeland Associates, Inc. did not exist because it went out of business in a merger in the year 2000.
• Plaintiff's Memo Of Law In Support Of Motion Under Rule 11
• Weil Gotshal and Manges LLP affidavit in opposition to motion for sanctions Part 1 of 2
1. Page 5 - Weil Gotshal & Manges argues to the court in papers dated 7/7/04 that "."CitiStreet" and "Copeland Associates, Inc" are not cognizable legal entities".
2. Page 7 - Weil Gotshal & Manges argues on 7/7/04 that plaintiffs "evidence does not refute that neither "CitiStreet" nor "Copeland Associates, Inc." are cognizable legal entities".
• Weil Gotshal and Manges LLP affidavit in opposition to motion for sanctions Part 2 of 2
• Plaintiff's reply to Rule 11 motion for sanctions against Weil Gotshal & Manges LLP
• Transcript of hearing held before Magistrate Judge Pohorelsky on 7-16-04 on plaintiff's motion to disqualify Magistrate Judge Pohorelsky
1. Page 38 - Line 15 - Magistrate Judge Pohorelsky refuses to recuse himself at hearing dated 7/16/04.
• Petition to Second Circuit Court of Appeals to overrule denial of motion to disqualify Magistrate Judge Pohorelsky, filed 08-24-2004
• Letters to and from H. Grubel, Esq. & Weil Gotshal & Manges LLP from 8-25-04 to 8-29-04
1. Page 1 - Letter from LoPresti's lawyer to Weil Gotshal & Manges dated 8/25/04 regarding his statement at the 7/16/04 hearing that he represents CitiStreet.
• Some of the public proof that CITISTREET exists. Data from 56 Pension Plan Federal Form 5500 filings stating that they use CITISTREET as their broker.
1. Page 1 - November 3, 2004 Letter from LoPresti's lawyer to Weil Gotshal & Manges containing excerpts from 56 pension providers indicating that CitiStreet is the broker for their pension plans.
• Orders by Hon. Judge Sterling Johnson Jr., dated 10-26-04
• Letter to Hon. Magistrate Judge Pohorelsky, enclosing a copy of 3 pages from the 2002 Form 5500 filed by Lutheran Medical Center, naming CITISTREET as their broker
• Letter to Hon. Judge Johnson dated 11-15-04, enclosing a NY Times article.
• Letter To Hon. Judge Sterling Johnson, Jr. dated December 13, 2004.
• Plaintiff's motion to rescind orders of Hon. Magistrate Judge Pohoresky.
1. Page 4-20 - Affidavit dated 12/26/04 by LoPresti's attorney regarding objections to the orders made by Magistrate Judge Pohorelsky, and his having convened what was analogous to a kangaroo court.
• Letter to Hon. Judge Johnson about the Magistrate Judge doing business with Citibank.
1. Page 1 - Letter dated 1/3/05 from LoPresti's attorney to Judge Johnson regarding Citibank owning the mortgage on the home of Magistrate Judge Pohorelsky.
• Affidavit by Mr. Dughi the CEO of CITISTREET, stating that CITISTREET does not exist.
• Transcript of 1/5/05 hearing wherein the CEO of CITISTREET, Mr. Dughi testified that CITISTREET did not exist, Hon. M.J. Pohorelsky presiding.
1. Page 7 - Line 6 - Magistrate Judge Pohorelsky denies having a mortgage with Citibank.
2. Page 7 - Line 19 - Magistrate Judge Pohorelsky states he has his checking account with Citibank and his IRA with Citibank.
3. Page 72 - Line 22 - Mr. Dughi asks "Can we agree that we are a joint venture."
4. Page 72 - Line 24 - Magistrate Judge Pohorelsky states "Let's not agree on anything just yet."
5. Page 73 - Lines 1-6 - Mr. Dughi states that he agrees that CitiStreet is a joint venture owned 50/50 by Citigroup and State Street.
• Proposed third amended complaint.
• Motion and notice of motion for leave to amend complaint.
• Reply affidavit on motion to amend complaint 12/22/04.
• Lutheran Medical Center opposition on motion to amend complaint 12/24/04.
• Rule 72 motion 12/26/04.
• Memo in opposition to sanctions 12/26/05.
• Reply memo to sanctions 2/2/05.
• Plantiff's Objections to the 1-5-05 rulings by the Hon. M.J. Pohorelsky.
1. Page 1-14 - LoPresti's objections to the findings made at the 1/5/05 hearing, including recital to the court of the entries in the Kings County clerk's office stating that on 6/11/99 Chase Manhattan, Manhattan Mortgage Corp assigned Magistrate Judge Pohorelsky's mortgage to Citibank that was recorded on 3/29/01 at Liber 5119 page 1316.
2. Pages 5-14 - LoPresti's objections to the hearing conducted by Magistrate Judge Pohorelsky on 1/5/05.
• F.R.C.P. 12(b)(6) Dissmissal of case as to Buck Consultants by Hon. Judge Sterling Johnson Jr.
• F.R.C.P. 12(b)(6) Dismissal of case as to the State Street and Citigroup defendants by Hon. Judge Sterling Johnson Jr.
• Press Releases by plaintiff.
• Lutheran Med Center § 403(b) Summary Plan Description, Received by plaintiff in 10-04.

APPEAL to 2nd CIRCUIT U.S. COURT of APPEALS (05-0609 CV)

• Notice of appeal to 2nd Circuit Court of Appeals.
• Ammended Notice of Appeal.
• 4-28-05 - Joint Appendix on Appeal Includes: Complaint-Motions-Decisions -Proceedings-The Court Docket, etc.
• 11-15-05 Brief in Support of Appeal by Plaintiff-Appellant.
• 12-19-05 - Appellant's Notice of Corrections of Brief sent to Court.
• 12-15-05 - Appellee Buck's Brief in Opposition.
• 1-3-06 - Appellant's Reply Brief to Buck Opposition.
• 1-13-06 - Brief in Opposition by Citigroup and State Street Appellees.
1. Page 60 - Citigroup lawyers reiterate and argue to the U.S. Second Circuit Court of Appeals, that "CitiStreet" and "Copeland are non-existent entities.
• 1-13-06 - Brief in Opposition by Lutheran Medical Center Appellees.
1. Page 19 - Lutheran Medical Center reiterates to the U.S. Second Circuit Court of Appeals that its employees were told that CitiStreet is a joint venture between Citigroup and State Street, Corp.
• 2-6-06 - Court's Notice of date for oral argument for March 20th 2006.
• 1-27-06 - Reply Brief & Supplemental Appendix by Appellant to Appellee's Citigroup and Lutheran Medical Center Opposition.
• 2-7-06 - Appellant's Motion to serve supplemental appendix.
• 2-10-06 - Affidavit in support of appellant's motion to serve 5 pg supplemental appendix.
• 2-21-06 - Lutheran Medical Center Opposition to Motion to Supplement the Appendix.
• 2-28-06 - Reply to Lutheran Medical Center Opposition to Motion to Supplement Appendix.
• 2-13-06 - Appellant's Motion to Adjourn Argument Due to Illness of Counsel, to a date after April 15th, 2006.
• 2-28-05 - Decision by Court Denying Motion to Adjourn date of Oral Argument.
• Decision of the 2nd Circuit Court of Appeals Dated 3/23/06, Affirming the 12 (b)(6)Dissmissal of LoPresti's Action by the District Court.
• LoPresti's PETITION FOR A REHEARING DATED APRIL 6, 2006
1. Page 1-7 - LoPresti's reasons for petitioning U.S. Second Circuit Court of Appeals for a rehearing.
• Motion to Accept Petition for Rehearing
• Decision Granting LoPresti's Motion to Accept His Petition for a Rehearing
• Text of PR Release that PRNewswire Refused to Distribute if it Contained the NY Stock Exchange Ticker Symbols for Citigroup and State Street Corp
• Printout of the highlights of various items on this website.
• PR Release from Weil Gotshal & Manges regarding dismissal of LoPresti's case.
• Letters written by LoPresti's Counsel to Judge Johnson and Magistrate Pohorelsky. Some of which resulted in Plaintff's Counsel being admonished by Judge Johnson for having sent them.
• Some letters by and between Counsel for the parties.
• CitiStreet Investment Performance as of 4-30-05 of Various Mutual Funds.
• Donations to Lutheran Medical Center in 2000, 2001, and 2005 made by CitiStreet, Buck Consultants.

EPILOGUE

• Disciplinary Committee denials of LoPresti's complaint about David Lender's statements to the court, that CitiStreet was a non-existent entity of any sort.
• State Street Corporation: 8-K, S.E.C. filing dated December 8th 1999 announcing the formation of CITISTREET, as a 50/50 Joint Venture between State Street Corp. and Citigroup. (Found after case was dismissed.)
• CitiGroup and State Street sell the allegedly nonexistent entity called CitiStreet to ING Group for about $900 million, in July 2008.
• U.S. Securities & Exchange Commission FORM 10-Q filed by STATE STREET CORPORATION and the FORM 10-Q filed by CITIGROUP which reveal that they sold the entity known as "CITISTREET a joint venture formed in 2000, which prior to the sale, was owned 50 percent each by Citigroup and State Street" to the ING Group in an all cash transaction valued at $900 million. The sale closed on July 1, 2008.

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