UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

STATION PLACE
100 F STREET, NE
WASHINGTON, DC 20549-2736

Office of FOIA Services

January 7, 2010

Mr. Joseph Zernik

P.O. Box 526
La Verne, CA 91750

Re: Freedom of Information Act (FOIA), 5 U.S.C. § 552

Request No. 11-01069-FOIA

Dear Mr. Zernik:

This letter is an amended final response issued at your

request for greater clarity with respect to my letter of January
4, 2010. Your request was dated November 12, 2010 and received
in this office on November 16, 2010. You sought certain
information concerning SEC v. Bank of America Corporation
(BAC)(1:09-cv-06829), United States District Court for the
Southern District of New York. Specifically, you requested
copies of the following:

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.

By letter dated December 16, 2010 a response to 1) above

was provided to you. With respect to 2), in response to your
prior FOIA request, 10-03964-FOIA, you were provided with a
letter dated September 21, 2009 evidencing service of the
complaint upon Bank of America Corporation.

With respect to Nos. 3) through 5), we consulted with the

appropriate Commission staff but were unable to locate any
records responsive to these portions of your request.
Mr. Joseph Zernik 10-01069-FOIA
January 7, 2010
Page 2

You have the right to appeal our decision to our General

Counsel under 5 U.S.C. § 552(a)(6), 17 CFR § 200.80(d)(5) and (6).
Your appeal must be in writing, clearly marked "Freedom of
Information Act Appeal," and should identify the requested
records. The appeal may include facts and authorities you
consider appropriate.

Send your appeal to the FOIA/Privacy Act Office of the

Securities and Exchange Commission located at Station Place, 100 F
Street NE, Mail Stop 2736, Washington, D.C. 20549, or deliver it
to Room 1120 at that address. Also, send a copy to the SEC
Office of the General Counsel, Mail Stop 9612, or deliver it to
Room 1120 at the Station Place address.

If you have any questions, please contact me by email at

sifordm@sec.gov or by telephone at (202) 551-7201. If you
cannot reach me please contact Ms. Celia Winter by calling (202)
551-7900 or by sending an e-mail to foiapa@sec.gov.

Sincerely,

Mark P. Siford
FOIA/Privacy Act Attorney Advisor