FIFTH THIRD BANK v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:95-cv-00503-CCM
District Judge Christine O.C. Miller, presiding

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Fifth Third Bancorp Fifth Third Bancorp, Plaintiff
Officially listed as "FIFTH THIRD BANK"
Unknown Role, Vantiv, Inc.

Toggle Switch Represented by Howrey LLP

Name Phone Fax E-Mail
Space Alan M. Grimaldi +1 202 783 0800 +1 202 383 6610 grimaldia@howrey.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space David Alan Levitt +1 202 307 0309 david.levitt@usdoj.gov
Office COFC
Filed 8/4/1995
Jury Demand
Demand $0
Nature of Suit 511 - Taking - FIRREA
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition Judgment
County
Terminated 5/26/2006
Origin 4
Reopened 6/24/2005
Lead Case None
Related Case
Other Court Cases '04-5009'[], '06-5129'[]
Def Custody Status
Flag CLOSED
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Blank 264 Filed: 6/11/2008, Entered: 6/18/2008 CAFC Mandate Affirming
MANDATE of CAFC affirming [249] Published Opinion/Order, and the [257] Order. (hw1, )
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    Blank 263 Filed: 9/14/2006, Entered: 9/14/2006, Terminated: 6/11/2008 CAFC Case Number
    CAFC Case Number 06-5129 for [260] Notice of Appeal filed by USA. (hw1, )
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      Blank 262 Filed: 9/5/2006, Entered: 9/6/2006 Terminated:
      NOTICE OF CROSS APPEAL, filed by FIFTH THIRD BANK, as to [257] Order. Copy to opposing party, presiding trial judge and CAFC. Filing fee $ 455, receipt number 065377. (hw1, )
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        Blank 261 Filed: 9/1/2006, Entered: 9/5/2006 Terminated:
        CAFC Case Number 06-5128 for [260] Notice of Appeal filed by USA. (hw1, )
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          Blank 260 Filed: 8/25/2006, Entered: 8/28/2006 Terminated:
          NOTICE OF APPEAL, filed by USA. Copies to judge, opposing party and CAFC. (hw1, )
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            Blank 259 Filed: 7/28/2006, Entered: 7/28/2006
            Certified transcript of judgment, dated July 10, 2006, forwarded to Alan M. Grimaldi. See letter in file. (dls )
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              Blank -- Filed: 7/28/2006, Entered: 7/28/2006
              Certified transcript of judgment dated June 7, 2006, returned and destroyed this date. (dls )
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                Blank 258 Filed: 7/6/2006, Entered: 7/6/2006
                JUDGMENT entered, pursuant to Rule 58, that the plaintiff recover of and from the United States the sum of $76,550,000.00, representing plaintiff's full entitlement on all of the damages claimed that it proved by a preponderance of the evidence. (lld, )
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                  Blank 257 Filed: 7/6/2006, Entered: 7/6/2006 Court Filing
                  ORDER vacating [250] Judgment, and directing the celrk to enter judgment in accordance with the June 28, 2006 Erratta. Signed by Chief Judge Edward J. Damich for Judge Christine O.C. Miller. (lld, )
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                    Blank 256 Filed: 6/28/2006, Entered: 6/30/2006 ERRATA
                    ERRATA correcting OPINION filed May 26, 2006, and directing the clerk to substitute pages 18, 20, 39, 58, 59,63 & 64. (lld, )
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                      Blank 255 Filed: 6/28/2006, Entered: 6/30/2006 Published OpinionCourt Filing
                      PUBLISHED OPINION denying [251] MOTION for Reconsideration - Rule 59(a) re [249] Published Order/Opinion. Signed by Judge Christine O.C. Miller. (mb2, )
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                        Blank 254 Filed: 6/23/2006, Entered: 6/26/2006 Response to Motion
                        RESPONSE to [251] MOTION for Reconsideration - Rule 59(a) re [249] Published Order/Opinion filed by FIFTH THIRD BANK. Service: 6/23/2006.(dw1)
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                          Blank 253 Filed: 6/22/2006, Entered: 6/23/2006 Certified Transcript to Attorney
                          CERTIFIED TRANSCRIPT OF JUDGMENT, dated June 7, 2006, forwarded to Alan M. Grimaldi. See letter in file. (bre,)
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                            Blank 252 Filed: 6/14/2006, Entered: 6/15/2006 Scheduling OrderCourt Filing
                            SCHEDULING ORDER:Response by hand due by 6/23/2006. Signed by Judge Christine O.C. Miller. (mb2, )
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                              Blank 251 Filed: 6/12/2006, Entered: 6/13/2006 Terminated:
                              MOTION for Reconsideration - Rule 59(a) re [249] Published Order/Opinion, filed by USA. Service: 6/12/2006 by hand.(mb2, )
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                                Blank 250 Filed: 5/26/2006, Entered: 5/26/2006
                                JUDGMENT entered, pursuant to Rule 58, that plaintiff recover of and from the United States the sum of $76,523,000.00, representing plaintiff's full entitlement on all of the damages claimed that it proved by a preponderance of the evidence. (dls) [VACATED PER 7/6/06 ORDER]
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                                  Blank 249 Filed: 5/26/2006, Entered: 5/26/2006 Court Filing
                                  PUBLISHED OPINION. The Clerk is directed to enter judgment for plaintiff in the amount of $76,523,000.00, representing plaintiff's full entitlement on all of the damages claimed that it proved by a preponderance of the evidence. Signed by Judge Christine O.C. Miller. (dls )
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                                    Blank 248 Filed: 5/15/2006, Entered: 5/19/2006 Exhibit
                                    Joint Exhibit List, filed by all parties. [FILED BY LEAVE OF THE JUDGE]Service: 5/9/2006.(mb2, )
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                                      Blank 247 Filed: 3/20/2006, Entered: 3/21/2006 TranscriptCourt Filing
                                      TRANSCRIPT of Proceedings held on March 14, 2006 before Judge Christine O.C. Miller. (dw1)
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                                        Blank -- Filed: 3/15/2006, Entered: 3/15/2006
                                        Set/Reset Transcript Deadlines: Transcript due by 4/14/2006. (vp1, )
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                                          Blank 246 Filed: 3/9/2006, Entered: 3/13/2006 Order on Motion to StrikeCourt Filing
                                          ORDER denying [245] Motion to Strike. Signed by Judge Christine O.C. Miller. (mb2, )
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                                            Blank 245 Filed: 3/9/2006, Entered: 3/13/2006, Terminated: 3/9/2006 Terminated:
                                            MOTION to Strike [244] Post Trial Brief , filed by USA. Service: 3/9/2006. Response due by 3/27/2006. (mb2, )
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                                              Blank 244 Filed: 3/1/2006, Entered: 3/6/2006 Post-Trial Brief
                                              POST TRIAL BRIEF filed by FIFTH THIRD BANK. Service by hand: 3/1/06.(dw1)
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                                                Blank 243 Filed: 3/1/2006, Entered: 3/6/2006 Post-Trial Brief
                                                POST TRIAL BRIEF filed by USA. Service: 3/1/06.(dw1)
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                                                  Blank 242 Filed: 1/23/2006, Entered: 1/25/2006 Response to Motion
                                                  RESPONSE to [241] MOTION to Preclude Rebuttal Testimony of Plaintiff's Expert , filed by FIFTH THIRD BANK. [FILED BY LEAVE OF THE JUDGE] Reply due by 1/30/2006. Service: 1/18/2006.(mb2, )
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                                                    Blank 241 Filed: 1/23/2006, Entered: 1/25/2006 Terminated:
                                                    MOTION to Preclude Rebuttal Testimony of Plaintiff's Expert , filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 1/17/2006. Response due by 2/3/2006. (mb2, )
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                                                      Blank 239 Filed: 1/23/2006, Entered: 1/23/2006 Court Filing
                                                      TRANSCRIPT of Proceedings held on January 17-19, 2006 before Judge Christine O.C. Miller. (dw1)
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                                                        Blank -- Filed: 1/23/2006, Entered: 1/23/2006
                                                        Set/Reset Transcript Deadlines: Transcript due by 2/21/2006. (vp1, )
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                                                          Blank 240 Filed: 1/19/2006, Entered: 1/24/2006 Post Trial OrderCourt Filing
                                                          POST TRIAL ORDER: The proofs shall be closed with the filing of the official transcript and the exhibits.Post Trial Brief due 3/1/2006. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                            Blank 238 Filed: 1/17/2006, Entered: 1/18/2006 TranscriptCourt Filing
                                                            TRANSCRIPT of Proceedings held on January 9-14, 2006 before Judge Christine O.C. Miller. (dw1)
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                                                              Blank -- Filed: 1/12/2006, Entered: 1/12/2006
                                                              Set/Reset Transcript Deadlines: Transcript due by 2/3/2006. (vp1, )
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                                                                Blank 237 Filed: 1/4/2006, Entered: 1/9/2006 Order on Motion For Leave to File.Court Filing
                                                                ORDER granting [235] Motion for Leave to File. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                  Blank 236 Filed: 1/4/2006, Entered: 1/9/2006 TranscriptCourt Filing
                                                                  TRANSCRIPT of Proceedings held on January 3, 2005 before Judge Christine O.C. Miller. (dw1)
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                                                                    Blank 235 Filed: 1/3/2006, Entered: 1/5/2006, Terminated: 1/4/2006 Terminated:
                                                                    MOTION for Leave to File Agenda for Pre-Trial Conference , filed by FIFTH THIRD BANK. Service: 1/3/2006 by hand. Response due by 1/17/2006. (mb2, )
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                                                                      Blank 234 Filed: 12/20/2005, Entered: 12/27/2005 Order on Motion for Authorization of Service 100+Court Filing
                                                                      ORDER granting [228] Motion for Authorization of Service 100+. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                        Blank 233 Filed: 12/19/2005, Entered: 12/27/2005 Exhibit
                                                                        Exhibit List, filed by FIFTH THIRD BANK. [FILED BY LEAVE OF THE JUDGE]Service: 12/15/2005 by hand.(mb2, )
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                                                                          Blank 232 Filed: 12/19/2005, Entered: 12/27/2005 Witness List
                                                                          Witness List, filed by FIFTH THIRD BANK. [FILED BY LEAVE OF THE JUDGE]Service: 12/15/2005 by hand.(mb2, )
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                                                                            Blank 231 Filed: 12/16/2005, Entered: 12/23/2005 Memorandum
                                                                            MEMORANDUM of Contentions of Fact and Law on Damages, filed by USA. Service: 12/16/2005 by hand.(vro, )
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                                                                              Blank 230 Filed: 12/15/2005, Entered: 12/20/2005 Exhibit
                                                                              Revised Exhibit List, filed by USA. Service: 12/15/2005 by hand.(mb2, )
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                                                                                Blank 229 Filed: 12/15/2005, Entered: 12/20/2005 Witness List
                                                                                Revised Witness List, filed by USA. Service: 12/15/2005 by hand.(mb2, )
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                                                                                  Blank 228 Filed: 12/15/2005, Entered: 12/20/2005, Terminated: 12/20/2005 Terminated:
                                                                                  MOTION for Authorization of Service 100+ Miles , filed by USA. Service: 12/15/2005 by hand. Response due by 12/29/2005. (mb2, )
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                                                                                    Blank 227 Filed: 12/12/2005, Entered: 12/16/2005 Order on Motion to Substitute PartyCourt Filing
                                                                                    ORDER granting [226] Motion to Substitute Party. FIFTH THIRD BANK rep by Alan M. Grimaldi added. FIFTH THIRD BANK OF WESTERN OHIO terminated. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                      Blank 226 Filed: 12/6/2005, Entered: 12/9/2005, Terminated: 12/12/2005 Terminated:
                                                                                      MOTION to Substitute Party , filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 12/6/2005. Response due by 12/23/2005. (mb2, )
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                                                                                        Blank 225 Filed: 12/1/2005, Entered: 12/6/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                        ORDER granting [222] Motion for Leave to Depose Prospective Expert Witness Anthony Saunders Regarding New Subjects of Testimony. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                          Blank 224 Filed: 11/30/2005, Entered: 12/5/2005 Response to Motion
                                                                                          RESPONSE to [222] MOTION for Leave to Depose Prospective Expert Witness Anthony Saunders Regarding New Subjects of Testimony , filed by USA. Reply due by 12/9/2005. Service: 11/30/2005 by hand.(mb2, )
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                                                                                            Blank 223 Filed: 11/28/2005, Entered: 12/1/2005 Scheduling OrderCourt Filing
                                                                                            SCHEDULING ORDER: re: [222] Expedited MOTION. Response due by 11/30/2005. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                              Blank 222 Filed: 11/23/2005, Entered: 11/29/2005, Terminated: 12/1/2005 Terminated:
                                                                                              Expedited MOTION for Leave to Depose Prospective Expert Witness Anthony Saunders Regarding New Subjects of Testimony , filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 11/23/2005. Response due by 12/12/2005. (mb2, )
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                                                                                                Blank 221 Filed: 11/22/2005, Entered: 11/29/2005 OrderCourt Filing
                                                                                                ORDER re [205] Scheduling Order: The last day of the trial will be 1/19/2005. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                  Blank 220 Filed: 11/22/2005, Entered: 11/29/2005 Memorandum of Contentions of Fact and Law
                                                                                                  Supplemental Memorandum of Contentions of Fact and Law, filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 11/22/2005.(mb2, )
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                                                                                                    Blank 219 Filed: 9/30/2005, Entered: 10/3/2005 Order on Motion for Extension of Time to FileCourt Filing
                                                                                                    ORDER granting [218] Motion for Extension of Time. Depositions due by 10/17/2005. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                      Blank 218 Filed: 9/29/2005, Entered: 9/30/2005, Terminated: 9/30/2005 Terminated:
                                                                                                      MOTION for Extension of Time until 10/17/2005 to to complete depositions, filed by USA. Service: 9/29/2005. Response due by 10/17/2005. (mb2, )
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                                                                                                        Blank 217 Filed: 9/16/2005, Entered: 9/20/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                        ORDER granting [206] Motion to include John A. Buchheid and Ronald T. Leonard on Revised Witness List. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                          Blank 216 Filed: 9/13/2005, Entered: 9/15/2005 Order on Motion For Leave to File.Court Filing
                                                                                                          ORDER granting [214] Motion for Leave to File Sur-Reply. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                            Blank 215 Filed: 9/12/2005, Entered: 9/14/2005 Response to Motion
                                                                                                            RESPONSE to [214] MOTION for Leave to File Sur-Reply, filed by USA. Reply due by 9/26/2005. Service: 9/12/2005.(mb2, )
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                                                                                                              Blank 214 Filed: 9/12/2005, Entered: 9/14/2005, Terminated: 9/13/2005 Terminated:
                                                                                                              MOTION for Leave to File Sur-Reply, filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 9/12/2005. Response due by 9/29/2005. (mb2, )
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                                                                                                                Blank 213 Filed: 9/9/2005, Entered: 9/13/2005 Reply to Response to Motion
                                                                                                                REPLY to Response to Motion re [206] MOTION include John A. Buchheid and Ronald T. Leonard on Revised Witness List, filed by USA. Service: 9/9/2005.(mb2, )
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                                                                                                                  Blank 212 Filed: 8/30/2005, Entered: 9/1/2005 Order on Motion to Amend Pleadings - Rule 15(b)Court Filing
                                                                                                                  ORDER granting [207] Motion to Amend the Complaint, granting [207] Motion to Reopen the Record. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                                    Blank -- Filed: 8/30/2005, Entered: 9/1/2005 Set/Reset Deadlines:
                                                                                                                    Set/Reset Deadlines: Plaintiff shall deliver to defendant its expert report and other evidence relating to the tax gross issue due by 9/16/2005. Plaintiff shall complete dispositions by 10/10/2005. Defendant's responsive expert report due by 11/10/2005. Defendant shall complete depositions by 11/30/2005. Plaintiff's rebuttal report due by 12/15/2005. (mb2, )
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                                                                                                                      Blank 211 Filed: 8/29/2005, Entered: 8/30/2005 Reply to Response to Motion
                                                                                                                      REPLY to Response to Motion re [207] MOTION to Amend Pleadings - Rule 15 [1] Complaint MOTION Reopen the Record to Present Additional Evidence, filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 8/29/2005.(mb2, )
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                                                                                                                        Blank 210 Filed: 8/29/2005, Entered: 8/30/2005 Response to Motion
                                                                                                                        RESPONSE to [206] MOTION include John A. Buchheid and Ronald T. Leonard on Revised Witness List, filed by FIFTH THIRD BANK OF WESTERN OHIO. Reply due by 9/12/2005. Service: 8/29/2005.(mb2, )
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                                                                                                                          Blank 209 Filed: 8/23/2005, Entered: 8/25/2005 Response to Motion
                                                                                                                          RESPONSE to [207] MOTION to Amend Pleadings - Rule 15 [1] Complaint MOTION Reopen the Record to Present Additional Evidence, filed by USA. Reply due by 8/29/2005. Service: 8/23/2005 by hand.(mb2, )
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                                                                                                                            Blank 208 Filed: 8/18/2005, Entered: 8/19/2005 Scheduling OrderCourt Filing
                                                                                                                            SCHEDULING ORDER: re: [207] MOTION to Amend Pleadings - Rule 15 [1] Complaint or in the alternative MOTION Reopen the Record to Present Additional Evidence. Response due by 8/23/2005. Reply due by 8/29/2005. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                                              Blank 207 Filed: 8/17/2005, Entered: 8/18/2005, Terminated: 8/30/2005 Terminated:
                                                                                                                              MOTION to Amend Pleadings - Rule 15 [1] Complaint or in the alternative MOTION Reopen the Record to Present Additional Evidence, filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 8/17/2005. Response due by 9/6/2005. (mb2, )
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                                                                                                                                Blank 206 Filed: 8/15/2005, Entered: 8/16/2005, Terminated: 9/16/2005 Terminated:
                                                                                                                                MOTION to include John A. Buchheid and Ronald T. Leonard on Revised Witness List filed by USA.Service: 8/15/2005. Response due by 9/1/2005. (dw1)
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                                                                                                                                  Blank 205 Filed: 8/4/2005, Entered: 8/5/2005 Scheduling OrderCourt Filing
                                                                                                                                  SCHEDULING ORDER: Meeting of Counsel due by 10/31/2005. Revised Memorandum not to exceed 40 pages due by 11/22/2005. Opposing Memorandum not to exceed 40 pages due by 12/16/2005. Revised Witness and Exhibit Lists due by 12/15/2005. Pretrial Conference set for 1/3/2006 at 2:00 PM in National Courts Building before Judge Christine O.C. Miller. Trial set for 1/9/2006 at 10:00 AM in National Courts Building before Judge Christine O.C. Miller. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                                                    Blank 204 Filed: 7/29/2005, Entered: 8/2/2005 Joint Status Report
                                                                                                                                    JOINT STATUS REPORT, filed by all parties. Service: 7/29/2005.(mb2, )
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                                                                                                                                      Blank 203 Filed: 7/11/2005, Entered: 7/13/2005 Order on Motion for Extension of Time to FileCourt Filing
                                                                                                                                      ORDER granting [202] Motion for Extension of Time. Joint Status Report due by 7/29/2005 Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                                                        Blank 202 Filed: 7/8/2005, Entered: 7/12/2005, Terminated: 7/11/2005 Terminated:
                                                                                                                                        MOTION for Extension of Time until 7/29/2005 to File the Joint Status Report, filed by FIFTH THIRD BANK OF WESTERN OHIO. Service: 7/8/2005 by hand. Response due by 7/22/2005. (mb2, )
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                                                                                                                                          Blank 201 Filed: 6/28/2005, Entered: 6/29/2005 Status Report/OrderCourt Filing
                                                                                                                                          STATUS REPORT ORDER: Status Report due by 7/15/2005. Signed by Judge Christine O.C. Miller. (mb2, )
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                                                                                                                                            Blank 199 Filed: 6/24/2005, Entered: 6/27/2005 Terminated:
                                                                                                                                            MANDATE of CAFC affirming in part and reversing in part [194] Published Order/Opinion, and remanding case for determination of damages, if any, to be awarded. (hw1, )
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                                                                                                                                              Blank 198 Filed: 10/17/2003, Entered: 10/17/2003, Terminated: 6/24/2005 CAFC Case Number
                                                                                                                                              CAFC Case Number 04-5009 for [197] Notice of Appeal filed by FIFTH THIRD BANK OF WESTERN OHIO. (hw1, )
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                                                                                                                                                Blank 197 Filed: 10/3/2003, Entered: 10/3/2003, Terminated: 6/24/2005 Notice of AppealCourt Filing
                                                                                                                                                NOTICE OF APPEAL as to [195] Judgment by FIFTH THIRD BANK OF WESTERN OHIO. Filing fee $105, receipt number 058871 & 058872. Copies to Judge Christine O.C. Miller, opposing party and CAFC. (dw1, )
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                                                                                                                                                  Blank 196 Filed: 8/15/2003, Entered: 8/19/2003 ExhibitCourt Filing
                                                                                                                                                  Joint List of Exhibits Admitted Into Evidence by FIFTH THIRD BANK OF WESTERN OHIO, USA, Filed by Leave of the Judge. (jcp, )
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                                                                                                                                                    Blank 195 Filed: 8/7/2003, Entered: 8/7/2003
                                                                                                                                                    JUDGMENT entered, pursuant to Rule 58, in favor of the defendant on all counts of the first amended complaint, other than Count V. Count V of the first amended complaint is dismissed without prejudice. No costs. (lld, )
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                                                                                                                                                      Blank 194 Filed: 8/6/2003, Entered: 8/7/2003 Published Opinion/OrderCourt Filing
                                                                                                                                                      PUBLISHED ORDER and OPINION directing the clerk to enter judgment on all counts of the first amended complaint, other than Count V, for defendant. Count V of the first amended complaint is dismissed for lack of subject matter jurisdiction, and the Clerk shall dismiss the first amended complaint as to this count without prejudice. {aragraph 1 of the court's June 24, 2003 order is vacatedd. No costs. Signed by Judge Christine O.C. Miller. (lld, )
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                                                                                                                                                        Blank 193 Filed: 7/11/2003, Entered: 7/14/2003 Description not available
                                                                                                                                                        REPLY to Pltf's Supplemental Opposition to [101] Dft's Motion to Dismiss Counts III, IV, and V of Pltf's Amended Complaint, and Opposition to Cross-Motion for Entry of Partial Final Judgment and for a Stay filed by UNITED STATES. Service: 7/11/03.(jcp, )
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                                                                                                                                                          Blank 192 Filed: 7/8/2003, Entered: 7/10/2003 Response to Motion
                                                                                                                                                          SUPPLEMENTAL OPPOSITION/RESPONSE to [101] Dft's Motion to Dismiss Counts III,IV, and V of Pltf's Amended Complaint, and Cross-Motion for Entry of Partial Final Summary Judgment and for a Stay filed by FIFTH THIRD BANK OF WESTERN OHIO. Reply due by 7/11/2003. Service: 7/8/03.(jcp, )
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                                                                                                                                                            Blank 191 Filed: 6/24/2003, Entered: 6/25/2003 ERRATACourt Filing
                                                                                                                                                            ERRATUM: Because the [188] Published Order/Opinion issued on June 12, 2003, cited to a vacated case, the attached pages 23 and 24 are substituted for the originals. The revised pages contain the same general discussion.Signed by Judge Christine O.C. Miller (jcp, )
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                                                                                                                                                              Blank 190 Filed: 6/24/2003, Entered: 6/25/2003 Order on Motion to Amend/CorrectCourt Filing
                                                                                                                                                              ORDER granting [189] Defendant's Motion to Amend/Correct pursuant to RCFC 7.1(a), and the court issues this date an Erratum replacing the reference to and quotation from a vacated opinoin with similar language from the Supreme Court's opinion in Winstar v. US, 518 US 839 (1996), and denying [189] Defendant's Motion to Issue an Order to Show Cause. The Defendant has pending a dispositive motion that addresses the remaining claims. The court herewith orders that briefing on that motion be supplemented. Defendant's June 23, 2003 filing will be treated as a supplemental brief on its complaint. By Tuesday, July 8, 2003, plaintiff shall file is supplemental opposition to defendant's motion. By July 11, 2003, defendant shall file its reply. No filing by either party may exceed ten pages, and any appendix shall be limited to 25 pages, with service by facsimile transmission. Signed by Judge Christine O.C. Miller. (jcp, )
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                                                                                                                                                                Blank -- Filed: 6/24/2003, Entered: 6/25/2003 Set/Reset Deadlines:
                                                                                                                                                                Set/Reset Deadlines: Plaintiff's Supplemental Response/Opposition due by 7/8/2003. Defendant's Reply due by 7/11/2003. (jcp, )
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                                                                                                                                                                  Blank 189 Filed: 6/23/2003, Entered: 6/24/2003, Terminated: 6/24/2003 Terminated:
                                                                                                                                                                  MOTION to Amend/Correct [188] June 12 Published Order/Opinion, and MOTION for an Order to Show Cause Why Counts III-V of the First Amended Complaint Should Not Be Dismissed by UNITED STATES.Service: 6/23/03 by hand. Response due by 7/7/2003 Response due by 7/7/2003 (jcp, )
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                                                                                                                                                                    Blank 188 Filed: 6/12/2003, Entered: 6/13/2003 Published Opinion/OrderCourt Filing
                                                                                                                                                                    PUBLISHED ORDER and OPINION granting defendant's motion for judgment on partial findings, pursuant to RCFC 52(c) as to liability and denying otherwise. The Clerk is directed to enter judgment for defendant. No costs. Signed by Judge Christine O.C. Miller. (lld, )
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                                                                                                                                                                      Blank 187 Filed: 5/16/2003, Entered: 5/29/2003 TranscriptCourt Filing
                                                                                                                                                                      TRANSCRIPT of Proceedings held on March 10, 2003 through March 26, 2003 before Judge Christine O.C. Miller. Px: 2,48,63, 67, 78, 80, 84, 92, 93, 99, 106, 111, 116, 117, 124, 125, 128, 131, 136, 138, 150, 181, 195, 216, 220, 225, 234, 290, 299, 383, 398, 444, 451, 485-B, 489, 498-B, 564, 581, 573, 603, 613, 623, 653, 662, 682, 703, 707, 708, 725-A, 727, 730, 736, 738, 743, 747, 749, 770, 771, 779, 789, 794, 806, 813, 823, 824, 826, 847, 878, 982, 990, 1027, 1033, 1038, 1091, 1173, 1208, 1220-A, 1318, 1363, 1486, 1487, 1497, 1499, 1521, 1570, 1604, 1609, 1618, 1619, 1620, 1623, 3000, 4101, 4103, 4104, 4105, 4106, 4107, 4108, 4109, 4110-4118, 4119-A, 4120-4141, 4143, 4144-4147, 4149, 4160, 6000-6006, 6008, 6019, 6020, 6021, 6022, 6030; Dx: 36, 46, 102, 114, 184, 344, 380, 429, 475, 486, 549, 561, 671, 977, 1104, 1047, 1248, 1290, 1291, 1301, 2009, 2010, 2011, 2014, 2016, 2017, 3002, 3012, 3013. (dw1, )
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                                                                                                                                                                        Blank -- Filed: 4/1/2003, Entered: 4/1/2003
                                                                                                                                                                        Set/Reset Transcript Deadlines: Transcript due by 4/28/2003. (vp1, )
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                                                                                                                                                                          Blank 186 Filed: 3/28/2003, Entered: 4/4/2003 OrderCourt Filing
                                                                                                                                                                          ORDER, re: further proceedings. Signed by Judge Christine O.C. Miller. (lrd)
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                                                                                                                                                                            Blank 185 Filed: 3/24/2003, Entered: 3/26/2003 Memorandum
                                                                                                                                                                            TRIAL MEMORANDUM re: Mitigation by FIFTH THIRD BANK OF WESTERN OHIO. Service: 3/24/03 by hand.(dw1, )
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                                                                                                                                                                              Blank 184 Filed: 3/18/2003, Entered: 3/21/2003 Exhibit
                                                                                                                                                                              Supplemental Trial Exhibit List by The United States. (dw1, )
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                                                                                                                                                                                Blank 183 Filed: 3/17/2003, Entered: 3/19/2003 Response
                                                                                                                                                                                RESPONSE to deposition testimony by William McElheney filed by The United States. Service: 3/17/03. (lrd)
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                                                                                                                                                                                  Blank 182 Filed: 3/17/2003, Entered: 3/19/2003 Response
                                                                                                                                                                                  RESPONSE to deposition testimony by Charles Thiemann filed by The United States. Service: 3/17/03. (lrd)
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                                                                                                                                                                                    Blank 181 Filed: 3/10/2003, Entered: 3/12/2003 Transcript
                                                                                                                                                                                    TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of March 6, 2003. Notice to parties. (FE)
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                                                                                                                                                                                      Blank 180 Filed: 3/7/2003, Entered: 3/10/2003 OrderCourt Filing
                                                                                                                                                                                      ORDER granting [175-1] motion to admit into evidence (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                                                                                                                                                        Blank 179 Filed: 3/7/2003, Entered: 3/10/2003 OrderCourt Filing
                                                                                                                                                                                        ORDER granting [171-1] joint motion for Leave to file agenda for pretrial conference scheduled for March 4, 2003 (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                                                                                                                                                          Blank 178 Filed: 2/28/2003, Entered: 3/5/2003 Witness ListCourt Filing
                                                                                                                                                                                          Revised Trial Witness list by USA. Service: 2/27/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                            Blank 177 Filed: 2/28/2003, Entered: 3/5/2003 ExhibitCourt Filing
                                                                                                                                                                                            REVISED (Trial) Exhibit list by USA, filed by leave of the Judge. Service: 2/27/03 (HW)
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                                                                                                                                                                                              Blank 176 Filed: 2/28/2003, Entered: 3/5/2003 Memorandum of Contentions of Fact and LawCourt Filing
                                                                                                                                                                                              PRETRIAL MEMORANDUM by USA, filed by leave of the Judge. Service: 2/27/03. (HW)
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                                                                                                                                                                                                Blank 175 Filed: 2/26/2003, Entered: 3/5/2003, Terminated: 3/7/2003 Terminated:
                                                                                                                                                                                                MOTION by FIFTH THIRD BANK (Service: 2/26/03) to admit into evidence the deposition testimony of Charles Thiemann and William McElheney and for Expedited briefing . Response due: 3/17/03. (LTD)
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                                                                                                                                                                                                  Blank 174 Filed: 2/25/2003, Entered: 3/4/2003 Terminated:
                                                                                                                                                                                                  MOTION by FIFTH THIRD BANK (Service: 2/25/03) in Limine to exclude expert opinion testimony of Professor Haluk Unal. Response due: 3/3/03. (LTD)
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                                                                                                                                                                                                    Blank 173 Filed: 2/25/2003, Entered: 3/4/2003 Terminated:
                                                                                                                                                                                                    MOTION by FIFTH THIRD BANK (Service: 2/25/03) in Limine to exclude opinion testimony of Maurice Whalen. Response due: 3/3/03. (LTD)
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                                                                                                                                                                                                      Blank 172 Filed: 2/25/2003, Entered: 3/4/2003 Terminated:
                                                                                                                                                                                                      MOTION by FIFTH THIRD BANK (Service: 2/25/03) in Limine to exclude opinion testimony of Professor Anthony Saunders. Response due: 3/3/03. (LTD) Modified on 03/04/2003
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                                                                                                                                                                                                        Blank 171 Filed: 2/25/2003, Entered: 3/4/2003, Terminated: 3/7/2003 Terminated:
                                                                                                                                                                                                        JOINT MOTION by USA, FIFTH THIRD BANK for Leave to file agenda for preitrial conference scheduled for March 4, 2003 . (HW)
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                                                                                                                                                                                                          Blank 170 Filed: 2/24/2003, Entered: 2/28/2003 MemorandumCourt Filing
                                                                                                                                                                                                          MEMORANDUM OF CONTENTIONS OF FACT AND LAW by FIFTH THIRD BANK, re: Damages and related issues. Service: 2/19/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                            Blank 169 Filed: 2/24/2003, Entered: 2/28/2003 ExhibitCourt Filing
                                                                                                                                                                                                            SECOND REVISED trial Exhibit list by FIFTH THIRD BANK. Service: 2/19/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                              Blank 168 Filed: 2/21/2003, Entered: 2/28/2003 Memorandum
                                                                                                                                                                                                              MEMORANDUM by USA, re: Contentions of Fact and Law on Liability. Service: 2/14/03. (LTD)
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                                                                                                                                                                                                                Blank 167 Filed: 2/21/2003, Entered: 2/28/2003 Witness ListCourt Filing
                                                                                                                                                                                                                Witness list by USA. Service by hand: 2/14/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                  Blank 166 Filed: 2/21/2003, Entered: 2/28/2003 ExhibitCourt Filing
                                                                                                                                                                                                                  Exhibit list by USA. Service by hand: 2/14/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                    Blank 165 Filed: 2/11/2003, Entered: 2/21/2003 Memorandum
                                                                                                                                                                                                                    MEMORANDUM by FIFTH THIRD BANK, re: Contentions of Fact and Law regarding damages and related issues. Service by hand: 2/11/03. (LTD)
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                                                                                                                                                                                                                      Blank 164 Filed: 2/11/2003, Entered: 2/21/2003 Exhibit
                                                                                                                                                                                                                      Exhibit list by FIFTH THIRD BANK. Service: 2/11/03. (LTD)
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                                                                                                                                                                                                                        Blank 163 Filed: 2/10/2003, Entered: 2/20/2003 Published DecisionCourt Filing
                                                                                                                                                                                                                        PUBLISHED DECISION granting [149-1] cross motion, denying [101-1] motion to Dismiss (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                          Blank 162 Filed: 2/10/2003, Entered: 2/20/2003 Published DecisionCourt Filing
                                                                                                                                                                                                                          PUBLISHED DECISION granting in part, denying in part [101-2] motion for Summary Judgment (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                            Blank 161 Filed: 2/7/2003, Entered: 2/20/2003 Memorandum
                                                                                                                                                                                                                            SURREBUTTAL MEMORANDUM by FIFTH THIRD BANK re: cross-motion for partial summary judgment as to the issues of standing, real party in interest, and proper party. Service: 2/7/03 (JT)
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                                                                                                                                                                                                                              Blank 160 Filed: 2/7/2003, Entered: 2/20/2003 OrderCourt Filing
                                                                                                                                                                                                                              ORDER granting [159-1] motion for Leave to File a surrebuttal memorandum. The court will not entertain any further filings by either party on these cross-motions. ( signed by Judge Christine O. C. Miller ) Copy to parties. (JT)
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                                                                                                                                                                                                                                Blank 159 Filed: 2/7/2003, Entered: 2/20/2003, Terminated: 2/7/2003 Terminated:
                                                                                                                                                                                                                                MOTION by FIFTH THIRD BANK (Service : 2/7/03 (by hand)) for Leave to File a surrebuttal memorandum. Response due: 2/21/03 (response to motion included) (JT)
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                                                                                                                                                                                                                                  Blank 159 Filed: 2/7/2003, Entered: 2/20/2003, Terminated: 2/7/2003 Response to Motion
                                                                                                                                                                                                                                  RESPONSE by FIFTH THIRD BANK (Service: 2/7/03 ) to [157-1] motion for Leave to file sur-reply. Reply due: 2/20/03 (motion for leave to file included) (JT)
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                                                                                                                                                                                                                                    Blank 158 Filed: 2/5/2003, Entered: 2/13/2003 OrderCourt Filing
                                                                                                                                                                                                                                    ORDER granting [157-1] motion for Leave to file sur-reply (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                                                                                                                                                                                                      Blank 157 Filed: 2/3/2003, Entered: 2/12/2003, Terminated: 2/5/2003 Terminated:
                                                                                                                                                                                                                                      MOTION by USA (Service: 2/3/03) for Leave to file sur-reply to reply memorandum in support of Plaintiff's cross-motion for partial summary judgment as to the issues of standing, real party in interest and proper party. Response due: 2/20/03. (LTD)
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                                                                                                                                                                                                                                        Blank 156 Filed: 2/3/2003, Entered: 2/12/2003 Response to Proposed Findings of Uncontroverted Fa
                                                                                                                                                                                                                                        Response by USA to [147-1] proposed findings by FIFTH THIRD BANK. Service: 2/3/03 (JT)
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                                                                                                                                                                                                                                          Blank 153 Filed: 1/29/2003, Entered: 2/10/2003 Reply to Response to Motion
                                                                                                                                                                                                                                          REPLY by FIFTH THIRD BANK to response to [149-1] cross motion. Service: 1/29/03. (LTD)
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                                                                                                                                                                                                                                            Blank 152 Filed: 1/29/2003, Entered: 2/6/2003 Terminated:
                                                                                                                                                                                                                                            JOINT MOTION for Clarification of the Court's 1/17/03 order. (LTD)
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                                                                                                                                                                                                                                              Blank 151 Filed: 1/23/2003, Entered: 1/31/2003 OrderCourt Filing
                                                                                                                                                                                                                                              ORDER re: Reply to Response to Motion reset to 1/29/03 (with service by hand) for [149-1] cross motion ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                Blank 150 Filed: 1/23/2003, Entered: 1/30/2003 Reply to Response to Motion
                                                                                                                                                                                                                                                REPLY by USA to response to [101-1] motion to Dismiss. Service: 1/23/03 (HW)
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                                                                                                                                                                                                                                                  Blank -- Filed: 1/21/2003, Entered: 1/21/2003
                                                                                                                                                                                                                                                  Oral Argument re: [101-1] motion to Dismiss by USA ( Transcript due 2/20/03 ), [101-2] motion for Summary Judgment by USA ( Transcript due 2/20/03 ) (FE)
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                                                                                                                                                                                                                                                    Blank 154 Filed: 1/17/2003, Entered: 2/11/2003 OrderCourt Filing
                                                                                                                                                                                                                                                    ORDER setting Pretrial Conference for 2:00 p.m. on 3/4/03 , and Trial set for 10:00 a.m. on 3/10/03 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                      Blank 149 Filed: 1/17/2003, Entered: 1/25/2003 Terminated: Court Filing
                                                                                                                                                                                                                                                      CROSS MOTION by FIFTH THIRD BANK (Service: 1/16/03) and RESPONSE to [101-2] motion for Summary Judgment by USA Response due: 2/3/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                                                        Blank 149 Filed: 1/17/2003, Entered: 1/25/2003 Response to MotionCourt Filing
                                                                                                                                                                                                                                                        RESPONSE by FIFTH THIRD BANK (Service: 1/16/03) to [101-1] motion to Dismiss. Reply due: 2/3/03. Filed by leave of the Judge. (LTD) Modified on 01/25/2003
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                                                                                                                                                                                                                                                          Blank 147 Filed: 1/17/2003, Entered: 1/24/2003 Proposed Findings of Uncontroverted FactCourt Filing
                                                                                                                                                                                                                                                          PROPOSED FINDINGS of Uncontroverted Fact by FIFTH THIRD BANK, filed by leave of the Judge. Service: 1/16/03 (HW)
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                                                                                                                                                                                                                                                            Blank 144 Filed: 1/17/2003, Entered: 1/21/2003 Transcript
                                                                                                                                                                                                                                                            TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of January 15, 2003. Notice to parties. (filed with exhibits referred to during plaintiff's argument on damages summary judgment) (FE)
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                                                                                                                                                                                                                                                              Blank -- Filed: 1/17/2003, Entered: 1/25/2003 Set/Reset Deadlines:
                                                                                                                                                                                                                                                              Deadline updated; Response to [150-1] cross motion reset to 2/3/03 (LTD)
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                                                                                                                                                                                                                                                                Blank 155 Filed: 1/14/2003, Entered: 2/11/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                ORDER oral argument set for 2:00 p.m. on 1/15/03 for [101-1] motion to Dismiss and [101-2] motion for Summary Judgment (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                  Blank 146 Filed: 1/14/2003, Entered: 1/22/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                  ORDER denying [140-1] motion for Reconsideration of [139-1] order (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                    Blank 145 Filed: 1/14/2003, Entered: 1/22/2003 ResponseCourt Filing
                                                                                                                                                                                                                                                                    RESPONSE by FIFTH THIRD BANK to Defendant's supplemental authority. Service: 1/10/03. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                                                                      Blank 142 Filed: 1/14/2003, Entered: 1/21/2003 Response to Motion
                                                                                                                                                                                                                                                                      RESPONSE by FIFTH THIRD BANK (Service: 1/14/03 ) to [138-1] motion for Leave to submit supplemental authority to support defendant's motion for summary judgment on damages. Reply due: 1/28/03. (HW)
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                                                                                                                                                                                                                                                                        Blank 143 Filed: 1/13/2003, Entered: 1/21/2003 Reply to Response to Motion
                                                                                                                                                                                                                                                                        REPLY by USA to response to supplemental authority and [138-1] motion for Leave to submit supplemental authority to support defendant's motion for summary judgment on damages. Service: 1/13/03. (LTD)
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                                                                                                                                                                                                                                                                          Blank 140 Filed: 1/10/2003, Entered: 1/15/2003, Terminated: 1/14/2003 Terminated:
                                                                                                                                                                                                                                                                          MOTION by USA (Service: 1/10/03) for Reconsideration of [139-1] order . Response due: 1/27/03. (LTD)
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                                                                                                                                                                                                                                                                            Blank 139 Filed: 1/8/2003, Entered: 1/11/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                            ORDER granting [131-1] motion to Strike witnesses John A. Buchheid and Ronald T. Leonard ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                              Blank 138 Filed: 1/7/2003, Entered: 1/10/2003 Terminated:
                                                                                                                                                                                                                                                                              MOTION by USA (Service : 1/7/03 ) for Leave to submit supplemental authority to support defendant's motion for summary judgment on damages and for expedited consideration. Response due: 1/24/03 (HW)
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                                                                                                                                                                                                                                                                                Blank 148 Filed: 1/6/2003, Entered: 1/24/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                ORDER re: plaintiff shall respond to defendant's motion to dismiss by 1/16/03; defendant shall reply by 1/23/03 ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                  Blank 137 Filed: 1/6/2003, Entered: 1/9/2003 Memorandum of Contentions of Fact and Law
                                                                                                                                                                                                                                                                                  PRETRIAL MEMORANDUM by FIFTH THIRD BANK. Service: 1/6/03 (HW)
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                                                                                                                                                                                                                                                                                    Blank 136 Filed: 1/6/2003, Entered: 1/9/2003 Reply to Response to Motion
                                                                                                                                                                                                                                                                                    REPLY by FIFTH THIRD BANK to response to [131-1] motion to Strike witnesses John A. Buchheid and Ronald T. Leonard . Service: 1/6/03 (HW)
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                                                                                                                                                                                                                                                                                      Blank 135 Filed: 1/6/2003, Entered: 1/9/2003 Exhibit
                                                                                                                                                                                                                                                                                      Exhibit list by FIFTH THIRD BANK. Service by hand: 1/6/03 (HW)
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                                                                                                                                                                                                                                                                                        Blank 134 Filed: 12/30/2002, Entered: 1/3/2003 Response to Motion
                                                                                                                                                                                                                                                                                        RESPONSE by USA (Service by hand: 12/30/02 ) to [131-1] motion to Strike witnesses John A. Buchheid and Ronald T. Leonard Reply due: 1/13/03 (HW)
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                                                                                                                                                                                                                                                                                          Blank 132 Filed: 12/30/2002, Entered: 1/2/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                          ORDER Response to [131-1] motion to Strike witnesses John A. Buchheid and Ronald T. Leonard due 1/6/03 , and Reply to Response to Motion due 1/9/03 for [131-1] motion to Strike witnesses John A. Buchheid and Ronald T. Leonard (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                            Blank 131 Filed: 12/20/2002, Entered: 12/31/2002, Terminated: 1/8/2003 Terminated:
                                                                                                                                                                                                                                                                                            MOTION by FIFTH THIRD BANK (Service : 12/20/02 ) to Strike witnesses John A. Buchheid and Ronald T. Leonard . Response due: 1/7/03 (HW)
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                                                                                                                                                                                                                                                                                              Blank 141 Filed: 12/18/2002, Entered: 1/15/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                              ORDER re: (1) Defendant's Appendix A deadline on 2/14/03; (2) Plaintiff's Appendix A deadline on 1/6/03, relating to liability, etc., and 1/30/03, relating to damages ; (3) Any motion for leave to file transcripts for depositions shall be filed by Brief deadline of 2/26/03; (4) Any Motion in limine by 2/25/03 (responses by 3/3/03, replies by 3/6/03) ; and (5) At the conclusion of argument on 1/15/03, the court, after consulting the parties, will schedule the pretrial and trial dates, etc. ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                Blank 130 Filed: 12/18/2002, Entered: 12/23/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                ORDER granting [127-1] motion for reassignment to Judge Miller, granting [127-2] motion for expedited consideration (signed by Chief Judge Edward J. Damich for Judge Diane Gilbert Sypolt). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                  Blank 129 Filed: 12/17/2002, Entered: 12/17/2002 Court Filing
                                                                                                                                                                                                                                                                                                  ORDER scheduling oral argument at 2:00 p.m. on 1/15/03 for [101-1] motion to Dismiss, [101-2] motion for Summary Judgment . (signed by Judge Christine O. C. Miller) Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                    Blank 128 Filed: 12/17/2002, Entered: 12/17/2002 Court Filing
                                                                                                                                                                                                                                                                                                    Notice of reassignment to Judge Christine O. C. Miller . Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                      Blank 127 Filed: 12/16/2002, Entered: 12/17/2002, Terminated: 12/18/2002 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                      MOTION by FIFTH THIRD BANK (Service by hand: 12/16/02) for reassignment to Judge Miller ; and for expedited consideration . Response due: 12/30/02 (DS)
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                                                                                                                                                                                                                                                                                                        Blank 126 Filed: 12/6/2002, Entered: 12/9/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                        ORDER re: The oral argument scheduled for December 12, 2002 is hereby cancelled, due to the recusal on December 3, 2002 by the formerly-assigned Judge (Diane Gilbert Sypolt signed by Chief Judge Edward J. Damich). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                          Blank 125 Filed: 12/4/2002, Entered: 12/6/2002 Response
                                                                                                                                                                                                                                                                                                          RESPONSE by USA to [121-1] order. Service: 12/4/02 (JT)
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                                                                                                                                                                                                                                                                                                            Blank 124 Filed: 12/4/2002, Entered: 12/4/2002 Court Filing
                                                                                                                                                                                                                                                                                                            Notice of reassignment to Judge Diane Gilbert Sypolt . Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                              Blank 123 Filed: 12/3/2002, Entered: 12/3/2002 Court Filing
                                                                                                                                                                                                                                                                                                              ORDER OF RECUSAL. Copy to parties. ( signed by Judge Christine O. C. Miller ) (DS)
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                                                                                                                                                                                                                                                                                                                Blank 122 Filed: 12/2/2002, Entered: 12/2/2002
                                                                                                                                                                                                                                                                                                                NOTICE of request for reassignment filed by FIFTH THIRD BANK. Service by hand: 12/2/02 (DS)
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                                                                                                                                                                                                                                                                                                                  Blank 121 Filed: 11/25/2002, Entered: 11/27/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                  ORDER, re: further proceedings (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                    Blank 120 Filed: 11/21/2002, Entered: 11/25/2002 RemarkCourt Filing
                                                                                                                                                                                                                                                                                                                    ERRATA to motion to exceed page limitation for reply to Plaintiff's opposition to motion to dismiss and for summary judgment on damages by six pages. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                                                                                                                      Blank 119 Filed: 11/19/2002, Entered: 11/22/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                      ORDER oral argument set for 11:00 a.m. on 12/12/02 for [101-1] motion to Dismiss and [101-2] for Summary Judgment (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                        Blank 118 Filed: 11/18/2002, Entered: 11/21/2002 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                        REPLY by USA to response to [101-1] motion to Dismiss, [101-2] motion for Summary Judgment. Service by hand: 11/15/02. (LTD)
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                                                                                                                                                                                                                                                                                                                          Blank 117 Filed: 11/18/2002, Entered: 11/21/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                          ORDER granting [116-1] motion For leave to exceed the page limitation, by six pages, for reply brief (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                            Blank 116 Filed: 11/15/2002, Entered: 11/19/2002, Terminated: 11/18/2002 Terminated:
                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service by hand: 11/15/02) For leave to exceed the page limitation, by six pages, for reply brief . Response due: 11/29/02. (LTD)
                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                              Blank 115 Filed: 11/1/2002, Entered: 11/7/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                              RESPONSE, together with two volumes of appendix, by FIFTH THIRD BANK (Service by hand: 10/31/02) to [101-1] motion to Dismiss, [101-2] motion for Summary Judgment. Reply due: 11/15/02 (time runs from order granting motion to exceed page limit) (DS)
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                                                                                                                                                                                                                                                                                                                                Blank 114 Filed: 11/1/2002, Entered: 11/7/2002 Response to Proposed Findings of Uncontroverted Fa
                                                                                                                                                                                                                                                                                                                                Response by FIFTH THIRD BANK to [100-1] proposed findings by USA. Service by hand: 10/31/02 (DS)
                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                  Blank 113 Filed: 11/1/2002, Entered: 11/7/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                  ORDER granting [112-1] motion For leave to exceed the page limitation. ( signed by Judge Christine O. C. Miller ) Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                                                    Blank 112 Filed: 10/31/2002, Entered: 11/4/2002, Terminated: 11/1/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                    MOTION by FIFTH THIRD BANK (Service: 10/31/02) For leave to exceed the page limitation - response to motion for summary judgment on damages. (HW)
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                                                                                                                                                                                                                                                                                                                                      Blank 111 Filed: 10/24/2002, Entered: 10/28/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                      ORDER granting [107-1] motion for an order of confidentiality regarding Plaintiff's trial preparation sessions with former thrift agency employees ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                        Blank 110 Filed: 10/24/2002, Entered: 10/25/2002 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                        REPLY by FIFTH THIRD BANK to response to [107-1] motion for an order of confidentiality regarding Plaintiff's trial preparation sessions with former thrift agency employees. Service: 10/24/02 (JT)
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                                                                                                                                                                                                                                                                                                                                          Blank 109 Filed: 10/21/2002, Entered: 10/23/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                          RESPONSE by USA (Service by hand: 10/21/02) to [107-1] motion for an order of confidentiality regarding Plaintiff's trial preparation sessions with former thrift agency employees. Reply due: 10/24/02. (FE)
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                                                                                                                                                                                                                                                                                                                                            Blank 108 Filed: 10/17/2002, Entered: 10/21/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                            ORDER Response to [107-1] motion for an order of confidentiality regarding Plaintiff's trial preparation sessions with former thrift agency employees reset to 10/21/02 with service by hand delivery and Reply to Response to Motion reset to 10/24/02 for [107-1] motion for an order of confidentiality Plaintiff's trial preparation sessions with former thrift agency employees with service by hand delivery. ( signed by Judge Christine O. C. Miller ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                              Blank 107 Filed: 10/11/2002, Entered: 10/16/2002, Terminated: 10/24/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                              MOTION by FIFTH THIRD BANK (Service: 10/11/02) for an order of confidentiality regarding Plaintiff's trial preparation sessions with former thrift agency employees . Response due: 10/28/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                Blank 106 Filed: 9/30/2002, Entered: 10/3/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                ORDER granting [98-1] motion for order for permission to conduct trial preparation of former thrift agency employees (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                  Blank 105 Filed: 9/27/2002, Entered: 10/2/2002 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                  REPLY by FIFTH THIRD BANK to response to [98-1] motion for order for permission to conduct trial preparation of former thrift agency employees. Service: 9/27/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                    Blank 104 Filed: 9/27/2002, Entered: 10/1/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                    ORDER granting [103-1] motion to Extend Time to respond to Defendant's motion to dismiss and for summary judgment, granting [103-2] motion for expedited consideration. Response to [101-1] motion to Dismiss due 10/31/02 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                      Blank 103 Filed: 9/26/2002, Entered: 9/30/2002, Terminated: 9/27/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                      MOTION by FIFTH THIRD BANK (Service : 9/26/02 (by hand)) to Extend Time to respond to Defendant's motion to dismiss and for summary judgment [until October 31, 2002] and for expedited consideration. Response due: 10/10/02 (JT)
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                                                                                                                                                                                                                                                                                                                                                        Blank 102 Filed: 9/23/2002, Entered: 9/26/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                        RESPONSE by USA (Service: 9/23/02) to [98-1] motion for order for permission to conduct trial preparation of former thrift agency employees. Reply due: 9/27/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                          Blank 101 Filed: 9/18/2002, Entered: 9/20/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                          MOTION, together with two volumes of appendix, filed by USA (Service by hand: 9/17/02) to Dismiss for failure to state a claim upon which relief may be granted; and for Summary Judgment on damages. Response due: 10/15/02 (DS)
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                                                                                                                                                                                                                                                                                                                                                            Blank 100 Filed: 9/18/2002, Entered: 9/20/2002 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                            PROPOSED FINDINGS of Uncontroverted Fact filed by USA. Service by hand: 9/17/02 (DS)
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                                                                                                                                                                                                                                                                                                                                                              Blank 99 Filed: 9/17/2002, Entered: 9/19/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                              ORDER Response to [98-1] motion for order for permission to conduct trial preparation of former thrift agency employees reset to 9/23/02 and Reply to Response to Motion reset to 9/27/02 for [98-1] motion for order for permission to conduct trial preparation of former thrift agency employees (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                Blank 98 Filed: 9/13/2002, Entered: 9/18/2002, Terminated: 9/30/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                MOTION by FIFTH THIRD BANK (Service: 9/13/02) for order for permission to conduct trial preparation of former thrift agency employees . Response due: 9/27/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                  Blank 97 Filed: 8/28/2002, Entered: 9/4/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                  AMENDED ORDER (signed by Chief Judge Edward J. Damich for Judge Christine O.C. Miller). Copy to parties. (LTD) Modified on 09/04/2002
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                                                                                                                                                                                                                                                                                                                                                                    Blank 96 Filed: 8/21/2002, Entered: 8/26/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                    ORDER granting [93-1] motion for Leave to serve rebuttal expert reports (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                      Blank 95 Filed: 8/15/2002, Entered: 8/16/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                      RESPONSE by USA (Service: 8/15/02) to [93-1] motion for Leave to serve rebuttal expert reports. Reply due: 8/26/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                        Blank 94 Filed: 8/12/2002, Entered: 8/14/2002 Answer
                                                                                                                                                                                                                                                                                                                                                                        ANSWER to Complaint by USA. Service by hand: 8/12/02 (JPSR due 10/3/02). (LTD)
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                                                                                                                                                                                                                                                                                                                                                                          Blank 93 Filed: 8/5/2002, Entered: 8/7/2002, Terminated: 8/21/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                          MOTION by FIFTH THIRD BANK (Service: 8/5/02) for Leave to serve rebuttal expert reports . Response due: 8/22/02. (FE)
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                                                                                                                                                                                                                                                                                                                                                                            Blank 92 Filed: 7/30/2002, Entered: 8/2/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                            ORDER re: (1) Defendant shall respond to amended complaint by Amended Pleadings deadline of 8/12/02 ; (2) Status Conference scheduled for 11:00 a.m., 8/23/02 ; (3) Deposition of witnesses not previously deposed shall be completed by Interrogatories deadline of 1/6/03 ; (4) Defendant's filings pursuant to paragraphs 14-16 of Appendix A by deadline of 2/3/03 and Plaintiff's filings pursuant to paragraphs 14-16 of Appendix A by deadline of 1/6/03 ; (5) Motion for leave to File transcripts and motions in limine by deadline of 2/7/03; reponses by 2/14/03; and replies by 7/21/03 ; (6) Pretrial Conference scheduled for 2:00 p.m., 2/24/03 ; and (7) Trial scheduled for 10:00 a.m., 3/3/03 ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                                              Blank 91 Filed: 7/26/2002, Entered: 7/29/2002 Status Report
                                                                                                                                                                                                                                                                                                                                                                              STATUS REPORT by CITIZENS, USA, FIFTH THIRD BANK Service: 7/26/02 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                Blank 90 Filed: 7/12/2002, Entered: 7/15/2002 Status Report/OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                STATUS REPORT ORDER. Joint Status report due 8/2/02 (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 89 Filed: 7/12/2002, Entered: 7/12/2002
                                                                                                                                                                                                                                                                                                                                                                                  JUDGMENT entered, pursuant to Rule 58, as there is no just reason for delay, as stated in RUle 54(b), the claim of the amended complaint pertaining to Sentry is dismissed, without prejudice, for lack of subject matter jurisdiction. No costs. (signed by Clerk). Copy to parties. (LD)
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                                                                                                                                                                                                                                                                                                                                                                                    Blank 88 Filed: 7/12/2002, Entered: 7/12/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                    PUBLISHED DECISION granting [52-1] motion to Dismiss as to the Sentry transaction and directing the clerk pursuant to Rule 54(b) as there is no just reason for delay to dismiss the claim of the amended complaint pertaining to Sentry without prejudice for lack of subject matter jurisdiction. No costs. ( signed by Judge Christine O. C. Miller ). Copy to parties. (LD)
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                                                                                                                                                                                                                                                                                                                                                                                      Blank 87 Filed: 6/12/2002, Entered: 6/13/2002 Published DecisionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                      PUBLISHED DECISION granting [79-1] motion for Reconsideration of [76-1] order. The court hereby amends its 4/12/02 opinion to strike the first paragraph of footnote 9 in its entirety and to substitute a cross-reference to this order. ( signed by Judge Christine O. C. Miller ). Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                        Blank 86 Filed: 5/20/2002, Entered: 5/21/2002 Reply to Response to MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                        REPLY by USA to response to [79-1] motion for Reconsideration of [76-1] order. Service: 5/17/02. Filed by leave of the Judge. (LTD) Modified on 05/24/2002
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                                                                                                                                                                                                                                                                                                                                                                                          Blank 85 Filed: 5/17/2002, Entered: 5/24/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                          REPLY filed by USA to [84-1] opposition by FIFTH THIRD BANK Service by hand: 5/17/02 (DS) Modified on 05/24/2002
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                                                                                                                                                                                                                                                                                                                                                                                            Blank 84 Filed: 5/14/2002, Entered: 5/15/2002 MemorandumCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                            MEMORANDUM by FIFTH THIRD BANK in opposition to [80-1] response (supplemental brief) by USA to support dismissal of Plaintiff's claim relating to the acquisition of sentry savings and loan association. Service: 5/10/02. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                              Blank -- Filed: 5/14/2002, Entered: 5/15/2002 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                              Deadline updated; Defendant's response to Plaintiff's memorandum filed 5/14/02 due 5/17/02 . (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                Blank 83 Filed: 5/10/2002, Entered: 5/13/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE by FIFTH THIRD BANK (Service: 5/10/02) to [79-1] motion for Reconsideration of [76-1] order. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                  Blank 82 Filed: 5/1/2002, Entered: 5/1/2002
                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of dismissal of all claims by RICHARD J. MILLER. Service: 4/22/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 81 Filed: 4/30/2002, Entered: 4/30/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                    ORDER directing the plaintiff and plaintiff-intervenor to Respond to [79-1] motion for Reconsideration of [76-1] order by deadline of 5/10/02 ( signed by Judge Christine O. C. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 80 Filed: 4/26/2002, Entered: 4/29/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE (supplemental brief) by USA pursuant to [76-1] order. Service by hand: 4/26/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                        Blank 79 Filed: 4/26/2002, Entered: 4/29/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by USA (Service: 4/26/02) for Reconsideration of [76-1] order . Response due: 5/13/02 (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 4/26/2002, Entered: 4/29/2002 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                          Deadline updated; Plaintiff's response to Defendant's supplemental brief due 5/10/02 . (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                            Blank 78 Filed: 4/22/2002, Entered: 4/22/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                            ORDER Supplemental Brief in support of motion to dismiss due: 4/29/02 for USA and Plaintiff's response due: 5/10/02 and Defendant's reply due: 5/17/02 (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                              Blank 77 Filed: 4/18/2002, Entered: 4/19/2002 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                              JOINT BRIEFING SCHEDULE by USA and FIFTH THIRD BANK. Service: 4/18/02. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                Blank 76 Filed: 4/12/2002, Entered: 4/12/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                PUBLISHED DECISION denying [24-1] motion for Summary Judgment, denying [52-2] motion for Summary Judgment, and directing parties to submit a briefing schedule by 4/19/02 re: claim regarding Sentry transaction. ( signed by Judge Christine O. C. Miller ). Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 75 Filed: 3/29/2002, Entered: 4/1/2002 Published DecisionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                  PUBLISHED DECISION granting [11-1] motion to Intervene by RICHARD J. MILLER with respect to the third-party beneficiary claim, and denying the motion with respect to the takings claim and equitable subrogation claim. ( signed by Judge Christine O. C. Miller ). Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 74 Filed: 3/12/2002, Entered: 3/13/2002 Transcript
                                                                                                                                                                                                                                                                                                                                                                                                                    TRANSCRIPT of proceedings re: oral argument, 1 volume, at Washington, D.C., for date of March 7, 2002. Notice to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 3/7/2002, Entered: 3/8/2002 Oral Argument
                                                                                                                                                                                                                                                                                                                                                                                                                      Oral Argument re: [52-2] motion for Summary Judgment by USA [24-1] motion for Summary Judgment by CITIZENS ( Transcript due 4/8/02 ) (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 73 Filed: 2/25/2002, Entered: 2/25/2002
                                                                                                                                                                                                                                                                                                                                                                                                                        SUPPLEMENTAL MEMORANDUM by FIFTH THIRD BANK. Service: 2/25/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 72 Filed: 2/25/2002, Entered: 2/25/2002
                                                                                                                                                                                                                                                                                                                                                                                                                          [Supplemental Brief] RESPONSE by USA (Service by hand: 2/25/02) to [24-1] motion for Summary Judgment. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 71 Filed: 2/4/2002, Entered: 2/5/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE by USA (Service: 2/4/02) to [11-1] motion to Intervene by RICHARD J. MILLER. Reply due: 2/21/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 70 Filed: 2/4/2002, Entered: 2/5/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE (REPLY) by USA to [64-1] motion response by RICHARD J. MILLER. Service: 1/11/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 69 Filed: 2/4/2002, Entered: 2/5/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting [67-1] motion for Leave to file reply out of time, granting [63-1] motion for Leave to file response to the Motion to Intervene Parties supplements to cross-motions due 2/25/02 , and oral argument set for 2:00 p.m. on 3/7/02 for [52-2] motion for Summary Judgment, [43-1] motion for Leave to file motion to renew the stay of proceedings on motions for summary judgment in certain cases and for [24-1] motion for Summary Judgment (signed by Judge Christine O. C. Miller). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 68 Filed: 2/1/2002, Entered: 2/4/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                  JOINT MOTION by FIFTH THIRD BANK, USA for status conference . (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 2/1/2002, Entered: 2/1/2002
                                                                                                                                                                                                                                                                                                                                                                                                                                    CASE reassigned to Judge Christine O. C. Miller . (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 67 Filed: 1/11/2002, Entered: 1/11/2002, Terminated: 2/4/2002 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by USA (Service: 1/11/02) for Leave to file reply out of time . Response due: 1/28/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 66 Filed: 1/11/2002, Entered: 1/11/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                        Notice of reassignment to Judge Christine Odell Cook Miller, effective February 1, 2002. Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 65 Filed: 1/7/2002, Entered: 1/8/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER re: reassignment of cases. ( signed by Sr. Judge Loren A. Smith ) Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 64 Filed: 11/27/2001, Entered: 11/28/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE by RICHARD J. MILLER (Service: 11/14/01) to [63-1] motion for Leave to file response to the Motion to Intervene. Reply due: 12/3/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 63 Filed: 11/2/2001, Entered: 11/5/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by USA (Service: 11/2/01) for Leave to file response to the Motion to Intervene . Response due: 11/19/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 62 Filed: 7/10/2001, Entered: 7/10/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Attorney Appearance for USA by David Alan Levitt. Service: 7/10/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 61 Filed: 5/8/2001, Entered: 5/11/2001 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM re: Surrebuttal in support of Cross-Motion for Partial Summary Judgment and opposition to motions to strike and to file statement of genuine issues out of time. Service: 5/8/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 60 Filed: 4/20/2001, Entered: 4/25/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting [59-1] motion to modify schedule, granting [59-2] motion For leave to exceed the page limitation with respect to surrebuttal Defendant's Surrebuttal deadline to 5/8/01 (signed by Senior Judge Loren A. Smith). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 59 Filed: 4/6/2001, Entered: 4/9/2001, Terminated: 4/20/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by USA (Service: 4/6/01) to modify schedule and For leave to exceed the page limitation with respect to surrebuttal . Response due: 4/20/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 58 Filed: 4/3/2001, Entered: 4/4/2001 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                        SURREPLY by FIFTH THIRD BANK to [55-1] motion reply by USA. Service: 4/3/01. (2 of 2). (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 58 Filed: 4/3/2001, Entered: 4/4/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by FIFTH THIRD BANK (Service: 4/3/01) to Strike-in-part [55-1] motion reply by USA . (1 of 2). (HW) Modified on 04/04/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 57 Filed: 4/3/2001, Entered: 4/4/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [56-1] motion for Leave to to file it's surreply . Defendant may file a surrebuttal to surreply by deadline of 4/16/01 ( signed by Senior Judge Loren A. Smith ) Copy to parties. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 56 Filed: 2/26/2001, Entered: 2/27/2001, Terminated: 4/3/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by FIFTH THIRD BANK (Service: 2/26/01) for Leave to to file it's surreply and to Strike in part reply to opposition to cross-motion for partial summary judgment regarding liability . Response due: 3/12/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 55 Filed: 1/16/2001, Entered: 1/17/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY by USA to response to [52-2] motion for Summary Judgment. Service: 1/8/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 54 Filed: 1/12/2001, Entered: 1/16/2001 Reply to Response to MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY by CITIZENS, FIFTH THIRD BANK to response to [52-1] motion to Dismiss, [52-2] motion for Summary Judgment, filed by leave of the Judge. Service: 12/13/00 (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 53 Filed: 12/27/2000, Entered: 12/28/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by USA (Service : 12/27/00 ) For leave to exceed the page limitation. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 52 Filed: 10/10/2000, Entered: 10/12/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by USA (Service : 10/10/00 ) to Dismiss and for Summary Judgment. (1 Separate Volume of Appendix) Response due: 11/29/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 51 Filed: 10/10/2000, Entered: 10/12/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 10/10/00 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 50 Filed: 8/1/2000, Entered: 8/3/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER re: Plaintiff must depose Mr. Kreinbring no later than 8/23/00. ( signed by Judge Robert H. Hodges ) Copy to parties. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 49 Filed: 2/24/2000, Entered: 2/25/2000 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE of Attorney Appearance for USA by William Lederer Small. Service : 2/24/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 48 Filed: 2/18/2000, Entered: 2/22/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting [46-1] joint motion to Extend Time to answer Defendant's First Set of Interrogatories. Reset Plaintiff's response to Defendant's interrogatories deadline to 2/25/00. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 47 Filed: 2/10/2000, Entered: 2/11/2000 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of change of address by Alan M. Grimaldi. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 46 Filed: 2/1/2000, Entered: 2/2/2000, Terminated: 2/18/2000 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  JOINT MOTION by USA and FIFTH THIRD BANK to Extend Time to answer Defendant's First Set of Interrogatories , (until February 25, 2000). [by leave of the Judge] (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 45 Filed: 1/27/1999, Entered: 2/1/1999 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE by FIFTH THIRD BANK to [33-1] notice by USA. Service: 8/3/98. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 44 Filed: 1/27/1999, Entered: 2/1/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [36-1] motion for Leave to File Response to Notice of Filing Motion for a Stay of Proceedings. Clerk of the Court is directed to file plaintiff's response this date ( signed by Chief Judge Loren A. Smith ) Copy to parties. (HW) Modified on 02/01/1999
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 43 Filed: 1/6/1999, Entered: 1/11/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by USA (Service : 1/5/99 ) for Leave to file motion to renew the stay of proceedings on motions for summary judgment in certain cases , motion included. Response due: 1/22/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 42 Filed: 10/1/1998, Entered: 10/6/1998 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [40-1] motion for substitution of transferee. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 41 Filed: 9/16/1998, Entered: 9/22/1998 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER memorializing the oral order of the court of August 11, 1998. Pursuant to that oral order, consideration of the motions for summary judgment, including any briefing not yet complete, is stayed until October 13, 1998. (See Order in 90-8) ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 40 Filed: 9/8/1998, Entered: 9/11/1998, Terminated: 10/1/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by CITIZENS (Service: 9/8/98) for substitution of transferee . Response due: 9/25/98. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 39 Filed: 8/28/1998, Entered: 8/31/1998 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE by CITIZENS to [33-1] notice by USA. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 38 Filed: 8/28/1998, Entered: 8/31/1998 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [36-1] motion for Leave to File Response to Notice of Filing Motion for a Stay of Proceedings. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 37 Filed: 8/13/1998, Entered: 8/17/1998 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE of Filing Motion for Leave to File Supplemental Authority with the Court by USA. Service: 8/12/98 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 36 Filed: 8/3/1998, Entered: 8/6/1998, Terminated: 8/28/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by CITIZENS (Service : 8/3/98 (by hand)) for Leave to File Response to Notice of Filing Motion for a Stay of Proceedings. Response due: 8/17/98 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 35 Filed: 7/29/1998, Entered: 8/3/1998 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE by CITIZENS to [27-1] motion response by USA. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 34 Filed: 7/29/1998, Entered: 8/3/1998 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [29-1] motion for Leave to File Response to Defendant's Response to Plaintiff's Short Form Motion for Partial Summary Judgment Relating to Liability. ( signed by Acting Chief Judge Robert H. Hodges, Jr. for Chief Judge Smith ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 33 Filed: 7/15/1998, Entered: 7/21/1998 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE of Filing Motion for Stay of Proceedings by USA. Service: 7/15/98 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 32 Filed: 7/15/1998, Entered: 7/21/1998 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              REPLY by USA to response to [26-1] motion to Dismiss first amended complaint. Service: 7/6/98 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 31 Filed: 7/15/1998, Entered: 7/21/1998 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting [30-1] motion out of time to Extend Time to reply in support of its motion to dismiss. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 30 Filed: 7/7/1998, Entered: 7/13/1998, Terminated: 7/15/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION by USA (Service : 7/6/98 ) out of time to Extend Time to reply in support of its motion to dismiss [until July 7, 1998] Response due: 7/23/98 (CDC)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 29 Filed: 6/23/1998, Entered: 6/25/1998, Terminated: 7/29/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by CITIZENS (Service : 6/22/98 (by hand) ) for Leave to File Response to Defendant's Response to Plaintiff's Short Form Motion for Partial Summary Judgment Relating to Liability. Response due: 7/6/98 (JT) Modified on 06/25/1998
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 6/23/1998, Entered: 6/25/1998 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Deadline updated; Response to [29-1] motion for Leave to File Response to Defendant's Response to Plaintiff's Short Form Motion for Partial Summary Judgment Relating to Liability. reset to 7/6/98 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 28 Filed: 6/10/1998, Entered: 6/10/1998
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE by CITIZENS (Service BY HAND: 6/10/98 ) to [26-1] motion to Dismiss first amended complaint. Reply due: 6/24/98 (AB)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 27 Filed: 6/4/1998, Entered: 6/5/1998 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by USA (Service: 6/3/98) to [24-1] motion for Summary Judgment. Reply due: 6/22/98. (HW) Modified on 06/15/1998
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 26 Filed: 5/13/1998, Entered: 5/18/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service : 5/13/98 ) to Dismiss first amended complaint Response due: 6/15/98 (CDC)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 25 Filed: 4/13/1998, Entered: 4/14/1998 AffidavitCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              DECLARATION OF JOHN H. CURP by CITIZENS Re: Protective Order dated 11/22/96. Filed by leave of the Judge. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 24 Filed: 4/2/1998, Entered: 4/6/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SHORT FORM MOTION by CITIZENS (Service by hand: 4/2/98 ) for Summary Judgment , together with three separate volumes of appendix FILED UNDER SEAL. Response due: 6/1/98 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 23 Filed: 8/19/1997, Entered: 8/20/1997 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Attorney Appearance for USA by John Allen Davidovich. Service : 8/19/97. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 22 Filed: 10/23/1996, Entered: 10/25/1996 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AMENDED COMPLAINT by CITIZENS (Answer due 11/4/9 ) amending [1-1] complaint. Service BY HAND: 10/23/96 (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 21 Filed: 10/1/1996, Entered: 10/4/1996 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Attorney Appearance for USA by Richard Anthony Schollmann. Service: 10/1/96 (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 20 Filed: 8/28/1996, Entered: 9/13/1996 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SEE ORDER IN 90-8C for Notice of reassignment to Chief Judge Loren A. Smith. Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 19 Filed: 8/16/1996, Entered: 8/20/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service : 8/16/96 ) for Leave to File attached proposed pretrial order. Response due: 9/3/96 (HW) Modified on 10/23/1996
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 18 Filed: 7/23/1996, Entered: 7/25/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service: 7/23/96) for Leave to File copy of motion to adopt special case management procedures . Response due: 8/9/96 (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 17 Filed: 5/14/1996, Entered: 5/17/1996 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by CITIZENS (Service: 5/9/96) for Leave to File response to motion for leave to file by leave of the Judge. Response due: 5/28/96 (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 16 Filed: 4/26/1996, Entered: 4/30/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by USA (Service : 4/26/96 ) for Leave to File a copy of the motion to adopt special case management procedures. Response due: 5/13/96 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 15 Filed: 3/26/1996, Entered: 4/1/1996 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [14-1] motion for Leave to File notice and declaration re: certain documents that may be relevant to this action (signed by Judge Christine O. Miller). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 14 Filed: 3/20/1996, Entered: 3/26/1996, Terminated: 3/26/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by USA (Service : 3/19/96 ) for Leave to File notice and declaration re: certain documents that may be relevant to this action . Response due: 4/5/96 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 13 Filed: 11/20/1995, Entered: 11/30/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting (but moot) [12-1] motion to Extend Time within which to respond motion to intervene. The 10/19/95 Order staying proceedings applies to Mr. Miller's motion to intervene. Defendant's response time to Mr. Miller's motion runs from the date the stay is vacated ( signed by Judge Christine O. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 12 Filed: 11/16/1995, Entered: 11/21/1995, Terminated: 11/20/1995 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by USA (Service: 11/16/95) to Extend Time within which to respond motion to intervene , (until November 30, 1995, or in the alternative for Clarification of the stay of proceedings . Response due: 12/4/95. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 11 Filed: 11/13/1995, Entered: 11/14/1995 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION (Service: 11/2/95) to Intervene by RICHARD J. MILLER . Response due: 11/20/95 (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 10 Filed: 10/19/1995, Entered: 10/24/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [8-1] motion to Stay Proceedings and reset Answer deadline to 12/28/95 (signed by Judge Christine O. Miller). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 9 Filed: 10/17/1995, Entered: 10/19/1995 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              JOINT STATUS REPORT by CITIZENS, USA. Service: 10/17/95 (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 8 Filed: 10/17/1995, Entered: 10/19/1995, Terminated: 10/19/1995 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by USA (Service : 10/17/95) to Stay Proceedings . (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 7 Filed: 10/17/1995, Entered: 10/19/1995 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  JOINT STATUS REPORT by CITIZENS, USA. Service: 10/17/95 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 6 Filed: 8/23/1995, Entered: 8/28/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER (corrected copy) granting [4-1] motion to Stay until decision in Winstar. The parties shall file a joint status report within 30 days of a decision by the Federal Circuit in WINSTAR proposing a course of further proceedings ( signed by Judge Christine O. Miller ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 5 Filed: 8/22/1995, Entered: 8/25/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [4-1] motion to Stay until decision in Winstar. This court concurs that judicial economy is effected by the grant of defendant's motion ( signed by Judge Christine O. Miller ). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 4 Filed: 8/17/1995, Entered: 8/22/1995, Terminated: 8/22/1995 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by USA (Service: 8/17/95) to Stay until decision in Winstar . (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 3 Filed: 8/11/1995, Entered: 8/15/1995 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE of Attorney Appearance for USA by Andrea Ines Kelly Service : 8/11/95 (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 2 Filed: 8/4/1995, Entered: 8/8/1995 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Notice of assignment to Judge Christine O. Miller. Copy to parties. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 1 Filed: 8/4/1995, Entered: 8/8/1995 Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              COMPLAINT, FILING FEE $120, RECEIPT #39797. Answer due on 10/3/95. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF

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