Free Post Trial Order - District Court of Federal Claims - federal

Case 1:92-cv-00550-MCW

Document 179

Filed 10/24/2007

Page 1 of 2

In the United States Court of Federal Claims
No. 92-550C (Filed October 24, 2007) **************************** NORTHEAST SAVINGS, F.A., Plaintiff, v. UNITED STATES, Defendant. * * * * * * * * * * * * * * * * * * * * * * ** * * * * ________________________________________________________________________ ORDER DIRECTING SUPPLEMENTAL BRIEFING ________________________________________________________________________ The parties are requested to address the following issues: (1) The Federal Circuit stated in Citizens Federal Bank v. United States, 474 F.3d 1314, 1318 (Fed. Cir. 2007), that the selection of either the "but-for" or "substantial factor" standard for determining causation "depends on the facts of the particular case and lies largely within the trial court's discretion." Please address which standard is the appropriate causation standard to apply, based upon the facts of this particular case. Please identify those portions of the record which document profitability projections for Northeast from the time of the merger negotiations until the breach. At this time, the Clerk's Office does not have any copies of Plaintiff's exhibits that were admitted at trial and would normally have been filed by the court reporter. Plaintiff's Exhibit PX 1065, which is Beesley's Oct. 18, 1982 Letter to the FHLBB, states that it contains attachments. However, the chambers' copies of this exhibit, including the version that was submitted with Plaintiff's post-trial brief, does not contain any of these attachments. Therefore, the Court directs Plaintiff to confirm whether PX 1065, as submitted for the record, in fact contained any of these attachments. If these attachments were submitted for the record, Plaintiff is directed to file and serve them. * * * * * * * * * * *

(2)

(3)

Case 1:92-cv-00550-MCW

Document 179

Filed 10/24/2007

Page 2 of 2

All supplemental briefing shall be filed no later than December 3, 2007.

s/Mary Ellen Coster Williams MARY ELLEN COSTER WILLIAMS Judge