Free Motion for Miscellaneous Relief - District Court of Federal Claims - federal

Case 1:94-cv-00522-MCW

Document 350

Filed 07/17/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS FIRST ANNAPOLIS BANCORP, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 94-522C (Judge Williams)

DEFENDANT'S MOTION REGARDING SCHEDULING OF CLOSING ARGUMENT Pursuant to the Court's Order of March 30, 2007, defendant, the United States, respectfully submits the following information for the Court's consideration in scheduling closing argument. On March 30, 2007, the Court established the briefing schedule for post-trial submissions. On April 30, 2007, the Government informed the plaintiff and the Court that its attorney of record, Richard B. Evans, was leaving the Commercial Litigation Branch to join the Public Integrity Section in the Criminal Division of the Department of Justice. On June 4, 2007, the parties filed their initial post-trial briefs. On July 9, 2007, the parties were to file their posttrial response briefs. The Government requested a two-week extension, which plaintiff did not oppose. The parties' post-trial response briefs are currently due on July 23, 2007. The Government's current attorney of record, Timothy J. Abraham, will be starting a new position within the Department of Justice as an Assistant U.S. Attorney with the District of the U.S. Virgin Islands on August 6, 2007. If the Court desires oral argument after the filing of the post-trial response briefs, we respectfully request that the argument be scheduled prior to August 6, 2007. Of course, should the Court schedule argument after that date, the Government will

Case 1:94-cv-00522-MCW

Document 350

Filed 07/17/2007

Page 2 of 3

ensure that new counsel of record is prepared to address the issues and any questions the Court may have. Respectfully submitted, MICHAEL HERTZ Deputy Assistant Attorney General

JEANNE E. DAVIDSON Director

s/Kenneth M. Dintzer/by Jeanne E. Davidson KENNETH M. DINTZER Assistant Director

OF COUNSEL: SCOTT AUSTIN MELINDA HART MARK PITTMAN DELISA M. SANCHEZ Trial Attorneys

July 17, 2007

s/Timothy J. Abraham TIMOTHY J. ABRAHAM Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 616-0477 Facsimile: (202) 353-7988 Attorneys for Defendant

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Case 1:94-cv-00522-MCW

Document 350

Filed 07/17/2007

Page 3 of 3

CERTIFICATE OF FILING I hereby certify that on July 17, 2007, a copy of the foregoing "DEFENDANT'S MOTION REGARDING SCHEDULING OF CLOSING ARGUMENT" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Timothy J. Abraham