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

Case 1:93-cv-00531-LAS

Document 298

Filed 07/24/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS __________________________________________ ) AMBASE CORPORATION ) AND CARTERET BANCORP, INC. ) ) Plaintiffs, ) ) and ) ) FEDERAL DEPOSIT INSURANCE ) Case No. 93-531C CORPORATION, ) (Senior Judge Loren Smith) Plaintiff-Intervenor, ) ) v. ) ) THE UNITED STATES OF AMERICA, ) ) Defendant. ) __________________________________________) JOINT MOTION FOR LEAVE TO FILE REDACTED EXPERT REPORTS AS TRIAL EXHIBITS ON CD-ROM AND NOTICE OF FILING OF REDACTED EXPERT REPORTS AS TRIAL EXHIBITS Pursuant to the Court's direction, at the status conference held on April 23, 2008, the parties were granted leave to submit, for admission to the record as trial exhibits, the following expert reports, redacted to include areas covered by the experts during the course of their testimony at trial: DX 5001A: Expert Report of Anthony Saunders, dated August 7, 2006; DX 5038A : Expert Report of Anthony Saunders, dated September 21, 2007; DX 7000A: Expert Report of David Kennedy, dated September 21, 2007; DX 8000A: Expert Report of Roy C. Smith, dated September 21, 2007; PX 2702A: Expert Report of Charles Calomiris, dated May 19, 2007;

Case 1:93-cv-00531-LAS

Document 298

Filed 07/24/2008

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PX 2703A: Expert Report of Charles Calomiris, dated July 14, 2006; and PX 2704A: Supplemental Expert Report of Charles Calomiris, dated July 12, 2007. These exhibits replace the following, unredacted versions of the expert reports that were provisionally admitted at trial: DX 5001, DX 5038, DX 7000, DX 8000, PX 2702, PX 2703 and PX 2704.1 The parties respectfully request, pursuant to paragraph 9(d) of Appendix E to the Rules of the United States Court of Federal Claims, leave to file the redacted expert reports utilizing a CD-ROM. This case is designated for electronic filing using the Court's CM/ECF system. Several of the redacted expert reports, if attached to this electronic filing, will far exceed the four megabyte limitation applicable to electronic files, and can most efficiently be delivered to the Court and to the parties on a CD-ROM. In addition, the Court's Rule requiring the filing of courtesy copies, in paper form, of documents exceeding 50 pages, will be triggered by this filing because the redacted expert reports, including exhibits, comprise thousands of pages. RCFC, Appendix E, ¶ 10. Because of the portability and ease of manipulation of the documents on a CD-ROM, we therefore also respectfully request that the Court waive the paper copy requirement of RCFC Appendix E, ¶ 10. For these reasons, the parties respectfully request that this motion for leave to file on CD-ROM and to waive the additional paper copy be granted, and that the Court accept the CD-ROM for filing.

No redactions have been made to PX6916 and PX6917, which were also admitted. Tr. 3834:13-3835:5. For ease of reference, copies of these exhibits are included on the attached CDROM. 2

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Case 1:93-cv-00531-LAS

Document 298

Filed 07/24/2008

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Respectfully submitted, MICHAEL F. HERTZ Deputy Assistant Attorney General JEANNE E. DAVIDSON Director

KENNETH M. DINTZER Assistant Director s/ David A. Levitt by s/ Elizabeth M. Hosford OF COUNSEL: ELIZABETH M. HOSFORD Senior Trial Counsel ARLENE PIANKO GRONER DELISA M. SANCHEZ AMANDA TANTUM Trial Attorneys DAVID A. LEVITT Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice 1100 L Street N.W. Washington, D.C. 20005 Tel: (202) 307-0309 FAX: (202) 514-7969 Dated: July 24, 2008

Attorneys for Defendant

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Case 1:93-cv-00531-LAS

Document 298

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s/ Charles J. Cooper by s/ Elizabeth M. Hosford Charles J. Cooper Counsel of Record David H. Thompson Vincent J. Colatriano Jesse Panuccio COOPER & KIRK, PLLC 1523 New Hampshire Avenue, NW Washington, D.C. 20036 Telephone: (202) 220-9600 Facsimile: (202) 220-9601 (Attorneys for Plaintiffs)

s/ Andrew Gilbert by s/ Elizabeth M. Hosford ANDREW GILBERT Federal Deposit Insurance Corporation 550 17th Strreet NW (Room 3060) Washington, D.C. 20429 Tel: 202.898.3871 Fax: 202.898.3908 [email protected] (Attorney for Plaintiff-Intervenor) Dated: July 24, 2008

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Case 1:93-cv-00531-LAS

Document 298

Filed 07/24/2008

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CERTIFICATE OF FILING I hereby certify that on this 24th day of July 2008, a copy of the foregoing "NOTICE OF FILING OF REDACTED EXPERT REPORTS AS TRIAL 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/ Elizabeth M. Hosford Elizabeth M. Hosford

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