Free Objection to Exhibit List - District Court of Federal Claims - federal

Case 1:94-cv-00522-MCW

Document 327

Filed 02/28/2007

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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 OBJECTIONS TO PLAINTIFF'S EXHIBITS Pursuant to Appendix A of the Rules of the United States Court of Federal Claims and the Court's order dated February 7, 2007, defendant, the United States, respectfully submits the following objections to plaintiff's exhibits. We respectfully reserve our right to object to any of plaintiff's exhibits upon grounds of relevance, hearsay, foundation, or to any other improper use at trial, and to the use of deposition transcripts for purposes other than impeachment. In addition to these general objections, we have identified on the attached list our objections to specific exhibits. Pursuant to Appendix A, Rule 13(c)(2), of the Rules of this Court, defendant agrees to confer with plaintiff to resolve, if possible, any of the objections to the admission of exhibits to be used by plaintiff at trial.

Case 1:94-cv-00522-MCW

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Respectfully submitted, STUART E. SCHIFFER Deputy Assistant Attorney General JEANNE E. DAVIDSON Acting Director s/Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director s/Richard B. Evans OF COUNSEL: TIMOTHY ABRAHAM MELINDA HART MARK PITTMAN DELISA M. SANCHEZ Trial Attorneys RICHARD B. EVANS 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) 353-7760 Facsimile: (202) 305-7644 Attorneys for Defendant

February 28, 2007

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CERTIFICATE OF FILING I hereby certify that on February 28, 2007, a copy of the foregoing "DEFENDANT'S OBJECTIONS TO PLAINTIFF'S EXHIBITS" 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/Richard B. Evans

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First Annapolis Bancorp, Inc. v. United States, 94-522C Defendant's Objections to Plaintiff's Trial Exhibits (filed January 16, 2007)
PX No. 1 2 3 Date 07/21/88 07/21/88 07/21/88 Bates No. Not provided Not provided Not provided Plaintiff's Description Federal Home Loan Bank Board Resolution No. 88-602 Federal Home Loan Bank Board Resolution No. 88-603 Letter from John F. Ghizzoni, Assistant Secretary, Federal Home Loan Bank Board, to Douglas A. Parran, Jr. Letter from Julie L. Williams, Deputy General Counsel, Federal Home Loan Bank Board, to Matthew Maloney, Esq. Objection A; B (JX 92) A; B (JX 93) A; B (JX 91)

4

08/05/88

Not provided

A; B (JX 94)

5

08/11/88

Not provided

Letter from Betsy A. Brown, Supervisory A; C (JX 95) Agent, Federal Home Loan Bank Board, to Douglas A. Parran Letter from Gregory B. Smith, Acting Secretary, Federal Home Loan Bank Board, to Douglas A. Parran A; B (JX 98)

6

08/12/88

Not provided

7 8

08/12/88 10/21/87

Not provided Not provided

Regulatory Capital Maintenance/Dividend A; B (JX 99) Agreement Revised Regulatory Business Plan of First A; C (JX 134) Federal Savings and Loan Association of Annapolis Letter from Deloitte, Haskins & Sells to Board of Directors, First Annapolis Savings Bank* Letter from Gregory B. Jones, Supervisory Agent to First Annapolis Savings Bank Certificate of Incorporation of First Annapolis Bancorp, Inc.* First Annapolis Bancorp, Inc. Shareholder B (DX 171); D List* Incomplete; Hearsay INTENTIONALLY LEFT BLANK A Hearsay A; B (JX 101)

9

08/28/88

Not provided

10

02/09/89

Not provided

11 12 13

Not provided 08/12/88

FA 18055 FA 18062 WOQ396 0321-0322

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First Annapolis Bancorp, Inc. v. United States, 94-522C Defendant's Objections to Plaintiff's Trial Exhibits (filed January 16, 2007)
PX No. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 12/31/88 Not provided Date Bates No. Plaintiff's Description INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK First Annapolis Bancorp, Inc., Statement of Financial Condition Letter from First Annapolis Savings Bank, FSB to John Ryan, enclosing First Annapolis Savings Bank, FSB Capital Plan INTENTIONALLY LEFT BLANK A Authenticity; Incomplete; Hearsay A; C (DX 396) Objection

32

01/05/90

Not provided

33

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First Annapolis Bancorp, Inc. v. United States, 94-522C Defendant's Objections to Plaintiff's Trial Exhibits (filed January 16, 2007)
PX No. 34 35 36 37 38 06/1989 07/31/88 08/02/99 Date Bates No. Plaintiff's Description INTENTIONALLY LEFT BLANK INTENTIONALLY LEFT BLANK First Annapolis Savings Bank, FSB Business Plan Chart: Investments In Service Corporations Chart: Income, Expense, and Net Income of Insured Savings Institutions First Annapolis Savings Bank, FSB Business Plan, November 1988 Letter from Deloitte, Haskins & Sells to Board of Directors, First Annapolis Savings Bank* Letter from Deloitte, Haskins & Sells to Board of Directors, First Annapolis Savings Bank* First Annapolis Savings Bank, FSB, Statement of Operations, Calendar Year 1989* Curriculum Vitae of Edward J. Heiden, Ph.D. 08/03/99 10/29/99 Expert Witness Report of Edward J. Heiden, Ph.D, dated August 3, 1999 A; C (DX 2440) Hearsay A; C (DX 2183) A; C (DX 2207) A; E Relevance; Authenticity; Hearsay A; C (JX 135) A; C (DX 252) Hearsay A; C (DX 256) Hearsay A Objection

39 40

11/1988 10/28/88

41

11/02/88

42

1989

43 44 45

Expert Witness Report of Edward J. A; C (DX 2445) Heiden, Ph.D, dated October 29, 1999 and Hearsay charts attached thereto Curriculum Vitae of Robert Litan, Ph.D.

46

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PX No. 47

Date 10/29/99

Bates No.

Plaintiff's Description Expert Witness Report of Robert Litan, Ph.D. dated October 29, 1999 and charts attached thereto

Objection A; C (DX 2444) Relevance, Hearsay

Any exhibit listed by Defendant to which Plaintiff has no objection Any exhibit necessary for rebuttal or impeachment Any necessary demonstrative exhibit

A Hearsay; Vague; Overly Broad; Ambiguous

A Hearsay; Vague; Overly Broad; Ambiguous

A.

Plaintiff has failed to adequately identify the exhibit, including failing to provide us with either a Bates range, date, or possibly both, and we object on this basis. Without waiving said objection, we nevertheless have attempted to ascertain the particular exhibit to which plaintiff is referring and have made any objections to the exhibit on that basis. To the extent we have not identified the exhibit to which plaintiff intended to refer, we reserve the right to pose any further objections to plaintiff's actual exhibit. The duplicate exhibit identified in parenthesis was admitted during the June 2006 trial. Although we sought a stipulation that all such documents are admitted for purposes of the scheduled March 2007 trial, plaintiff has not yet agreed to such a stipulation. The duplicate exhibit identified in parenthesis was not admitted but is on Defendant's Exhibit List filed February 23, 2007. We note further that DX 171 is a complete version of the exhibit to which plaintiff refers. We pose no objection to plaintiff's introduction of DX 171 which was also admitted during the June 2006 trial. PX 38 appears to be a document derived from a website so we object to its reliability and genuineness as well.

B.

C.

D.

E.

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