AMERICAN CAPITAL, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:95-cv-00523-SGB
District Judge Susan G. Braden, presiding

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No Logo AMERICAN CAPITAL CORPORATION, Plaintiff

Represented by Sorkin Law Group APLC

No Logo TRANSCAPITAL FINANCE CORPORATION, Plaintiff

Represented by Sorkin Law Group APLC

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 Tarek Sawi Tarek.Sawi@usdoj.gov
No Logo Fdic, Amicus Curiae

Toggle Switch Represented by Federal Deposit Insurance Corporation

Name Phone Fax E-Mail
Space Andrew Charles Gilbert +1 202 898 3871 +1 202 898 3908 AGilbert@FDIC.gov
Office COFC
Filed 8/8/1995
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 - Stipulation
County
Terminated 6/13/2007
Origin 4
Reopened 3/15/2007
Lead Case None
Related Case
Other Court Case '05-5159'[]
Def Custody Status
Flag CLOSED
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Blank 273 Filed: 6/19/2007, Entered: 6/20/2007 Certified Transcript to Attorney
CERTIFIED TRANSCRIPT OF JUDGMENT, dated June 13, 2007, forwarded to Charles J. Cooper. See letter in file. (bre,)
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    Blank -- Filed: 6/15/2007, Entered: 6/15/2007
    Certified Transcript Dated 6/3/2005 returned and destroyed this date. (lld)
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      Blank 272 Filed: 6/13/2007, Entered: 6/13/2007
      JUDGMENT entered, pursuant to Rule 58, that plaintiff, Transcapital Financial Corporation, recover of and from the United States the sum of $33,166,000.00. (lld)
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        Blank 271 Filed: 6/13/2007, Entered: 6/13/2007 Court Filing
        ORDER DIRECTING FINAL JUDGMENT. The Clerk is directed to vacate the June 1, 2005 judgment and enter judgment in favor of plaintiff, Transcapital Financial Corp. in the amount of $33,166,000.00. Signed by Judge Susan G. Braden. (lld)
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          Blank 270 Filed: 6/8/2007, Entered: 6/12/2007 Terminated:
          MOTION for entry of stipulated judgment, filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION, USA. Service: 6/807.(dls)
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            Blank 269 Filed: 6/6/2007, Entered: 6/12/2007 Notice of Appearance/
            NOTICE of Appearance filed by Tarek Sawi for USA. Service: 6/6/07.(dls)
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              Blank 268 Filed: 3/15/2007, Entered: 3/19/2007 CAFC Mandate Affirming in Part/Reversing in Part
              MANDATE of CAFC affirming in part and reversing in part [260] Published Opinion/Order, and Remanding back to the US Court of Federal Claims. (hw1, )
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                Blank 267 Filed: 8/11/2005, Entered: 8/15/2005 Terminated:
                CAFC Case Number 05-5159 for [264] Notice of Appeal filed by USA. (hw1, )
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                  Blank 266 Filed: 8/9/2005, Entered: 8/9/2005, Terminated: 3/15/2007 Notice of cross-appeal
                  NOTICE OF CROSS APPEAL by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Filing fee $ 255, receipt number 063387. (hw1, )
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                    Blank 265 Filed: 7/29/2005, Entered: 8/1/2005 Terminated: Court Filing
                    NOTICE OF APPEAL as to [261] Judgment by FDIC. Copies to Judge Susan G. Braden, opposing party and CAFC. (dw1)
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                      Blank 264 Filed: 7/27/2005, Entered: 7/28/2005 Terminated: Court Filing
                      NOTICE OF APPEAL as to [261] Judgment by USA. Copies to Judge Susan G. Braden, opposing party and CAFC. (dw1)
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                        Blank 263 Filed: 6/10/2005, Entered: 6/13/2005 Certified Transcript to Attorney
                        CERTIFIED TRANSCRIPT OF JUDGMENT, dated June 3, 2005, forwarded to Charles J. Cooper. See letter in file. (bre,)
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                          Blank 262 Filed: 6/1/2005, Entered: 6/2/2005 ResponseCourt Filing
                          RESPONSE to Notice of Supplemental Authority filed by AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCE CORPORATION, by leave of the Judge. Service: 5/25/05.(dw1)
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                            Blank 261 Filed: 6/1/2005, Entered: 6/1/2005
                            JUDGMENT entered, pursuant to Rule 58, that the plaintiff, Transcapital Financial Corp., recover of and from the United States the sum of $109,309,000.00. Each party shall bear its own costs. Further, plaintiffs' pending claims under the Fifth Amendment of the U.S. Constitution for Just Compensation are dismissed, without prejudice. (lld, ) VACATED PER 6/13/2007 ORDER (Reyes, Lisa).
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                              Blank 260 Filed: 5/31/2005, Entered: 6/1/2005 Published Opinion/OrderCourt Filing
                              PUBLISHED ORDER and OPINION. The Clerk is directed to dismiss plaintiffs' pending claims under the Fifth Amendment of the U.S. Constitution for Just Compensation, without prejudice, and enter judgment in favor of plaintiff Transcapital Financial Corp. in the amount of $109.309 million. Each party shall bear its own costs. Signed by Judge Susan G. Braden. (lld, )
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                                Blank 259 Filed: 5/17/2005, Entered: 5/20/2005 Terminated:
                                MOTION for Leave to File Notice of Supplemental Authority, filed by USA. Service: 5/17/2005. Response due by 6/3/2005. (mb2, )
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                                  Blank 258 Filed: 5/9/2005, Entered: 5/11/2005 Response
                                  RESPONSE to [257] Notice, filed by USA. Service: 5/9/2005.(mb2, )
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                                    Blank 257 Filed: 5/6/2005, Entered: 5/11/2005 ~Notice (other)
                                    NOTICE Regarding Diposition of "Takings" Claims, filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION re [256] Published Opinion, Service: 5/6/2005.(mb2, )
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                                      Blank 256 Filed: 4/27/2005, Entered: 4/29/2005 Published OpinionCourt Filing
                                      PUBLISHED OPINION on [140] MOTION for Reconsideration - Rule 59(a) re [138] Published Order/Opinion, filed by USA, [166] MOTION for Reconsideration - Rule 59(a) re [164] Published Opinion,, filed by USA, [251] MOTION for Reconsideration re [245] Published Opinion, filed by USA, Status Report due by 5/6/2005. Signed by Judge Susan G. Braden. (mb2, )
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                                        Blank 255 Filed: 4/15/2005, Entered: 4/19/2005 Response
                                        RESPONSE to Court's Inquiry Regarding Scheduling, filed by USA. Service: 4/15/2005.(mb2, )
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                                          Blank 254 Filed: 3/31/2005, Entered: 4/5/2005 Response to Motion
                                          RESPONSE to [251] MOTION for Reconsideration re [245] Published Opinion filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Service: 3/31/2005.(mb2, )
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                                            Blank 253 Filed: 3/25/2005, Entered: 3/30/2005 Order on Motion for Extension of Time to File RespCourt Filing
                                            ORDER granting [252] Motion for Extension of Time to File Response as to [251] MOTION for Reconsideration re [245] Published Opinion. Response due by 3/31/2005. Signed by Judge Susan G. Braden. (mb2, )
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                                              Blank 252 Filed: 3/24/2005, Entered: 3/29/2005, Terminated: 3/25/2005 Terminated:
                                              MOTION for Extension of Time to File Response as to [251] MOTION for Reconsideration re [245] Published Opinion, until 3/31/2005, filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 3/24/2005. Response due by 4/11/2005. (mb2, )
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                                                Blank 251 Filed: 2/25/2005, Entered: 2/28/2005 Terminated:
                                                MOTION for Reconsideration re [245] Published Opinion by USA.Service: 2/25/2005. Response due by 3/14/2005 (mb2, )
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                                                  Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                                                  Set/Reset Transcript Deadlines: Transcript due by 2/28/2005. (vp1, )
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                                                    Blank -- Filed: 2/11/2005, Entered: 2/14/2005 Transcript
                                                    TRANSCRIPT of Proceedings held on 1/28/05 before Judge Susan G. Braden. (eph, )
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                                                      Blank 250 Filed: 2/7/2005, Entered: 2/8/2005 Scheduling OrderCourt Filing
                                                      SCHEDULING ORDER: Motion for Reconsideration due by 2/25/2005. Response due by 3/28/2005. Signed by Judge Susan G. Braden. (mb2, ) Modified on 2/25/2005 (mb2, ).
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                                                        Blank 249 Filed: 1/31/2005, Entered: 2/1/2005 ~Notice (other)
                                                        NOTICE of Pending Motions for Reconsideration by USA. Service: 01/31/05.(mb2, )
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                                                          Blank 248 Filed: 1/19/2005, Entered: 1/24/2005 ~Notice (other)
                                                          NOTICE of Filing List of Exhibits Accompanying Reply to Show Cause Order by USA re [246] Order. Service: 01/18/05.(mb2, )
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                                                            Blank 247 Filed: 1/19/2005, Entered: 1/21/2005 ~Notice (other)Court Filing
                                                            NOTICE of Filing List of Exhibits Accompanying Post-Hearing Briefing by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Filed by leave of the Judge. Service: 01/14/05.(mb2, ) Modified on 1/21/2005 (mb2, ).
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                                                              Blank 246 Filed: 1/19/2005, Entered: 1/21/2005 OrderCourt Filing
                                                              ORDER Regarding Final Evidentiary Exhibits. Signed by Judge Susan G. Braden. (mb2, )
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                                                                Blank 245 Filed: 1/19/2005, Entered: 1/21/2005 Published OpinionCourt Filing
                                                                Memorandum Opinion and Order Awarding Transcapital Financial Corporation $109.309 Million Damages Based in Reliance Interests. Signed by Judge Susan G. Braden. (mb2, )
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                                                                  Blank 244 Filed: 1/18/2005, Entered: 1/21/2005 Response
                                                                  RESPONSE to the Court's Inquiry Regarding 1990 Junk Bond Losses filed by USA. Service: 01/18/05.(mb2, )
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                                                                    Blank 243 Filed: 1/11/2005, Entered: 1/13/2005 ~Notice (other)
                                                                    NOTICE of filing lists of exhibits (with attached charts) accompanying summary judgement briefing by USA Service: 1/11/05.(eph, )
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                                                                      Blank 242 Filed: 12/23/2004, Entered: 12/29/2004 Response
                                                                      RESPONSE to Court request for information regarding outstanding takings claims filed by USA. Service: 12/23/2004.(hw1, )
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                                                                        Blank 241 Filed: 12/17/2004, Entered: 12/29/2004 ~Notice (other)Court Filing
                                                                        NOTICE of filing in response to plaintiffs' oral argument demonstrative and response to Court's question concerning "Math Issues" filed by USA. Filed by leave of the Judge. Service: 12/10/2004.(hw1, ) .
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                                                                          Blank 240 Filed: 12/9/2004, Entered: 12/15/2004 ~Notice (other)Court Filing
                                                                          NOTICE of filing of reproduction of oral argument demonstrative by AMERICAN CAPITAL CORPORATION and TRANSCAPITAL FINANCE CORPORATION, by leave of the Judge. Service: 12/6/04.(dw1)
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                                                                            Blank -- Filed: 12/2/2004, Entered: 12/2/2004
                                                                            Set/Reset Transcript Deadlines: Transcript due by 12/6/2004. (vp1, )
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                                                                              Blank 239 Filed: 11/22/2004, Entered: 11/23/2004 TranscriptCourt Filing
                                                                              TRANSCRIPT of Proceedings in One Volume held on 10/20/2004 before Judge Susan G. Braden. (jcp, )
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                                                                                Blank 238 Filed: 10/20/2004, Entered: 10/27/2004 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                ORDER granting [235] Motion for Leave to File Excess Pages, granting [236] Motion for Leave to File Excess Pages Signed by Judge Susan G. Braden. (vro, )
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                                                                                  Blank 237 Filed: 10/20/2004, Entered: 10/27/2004 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                                  ORDER - Oral Argument set for 12/3/2004 10:00 AM before Judge Susan G. Braden. Signed by Judge Susan G. Braden. (jat, )
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                                                                                    Blank -- Filed: 10/20/2004, Entered: 10/20/2004
                                                                                    Set/Reset Transcript Deadlines: Transcript due by 11/22/2004. (vp1, )
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                                                                                      Blank 236 Filed: 10/15/2004, Entered: 10/22/2004 Terminated:
                                                                                      MOTION for Leave to Exceed Page Limit in their post-trial reply brief by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 10/15/04. Response due by 11/1/2004 (jat, )
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                                                                                        Blank 235 Filed: 10/15/2004, Entered: 10/22/2004, Terminated: 10/20/2004 Terminated:
                                                                                        MOTION for Leave to Exceed Page Limit in Post Trial Brief by USA.Service: 10/15/04. Response due by 11/1/2004 (jat, )
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                                                                                          Blank 234 Filed: 10/6/2004, Entered: 10/8/2004 Post-Trial Brief
                                                                                          POST TRIAL BRIEF by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. (jcp, )
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                                                                                            Blank 233 Filed: 10/6/2004, Entered: 10/8/2004 Post-Trial Brief
                                                                                            POST TRIAL BRIEF by USA. (jcp, )
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                                                                                              Blank 232 Filed: 10/6/2004, Entered: 10/8/2004 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                              ORDER: granting [229] Pltfs' Unopposed Motion for Leave to Exceed Page Limits on its Post Trial Memorandum of Law and Fact and granting [230] Dft's Unopposed Motion for Leave to Exceed Page Limits on its Post Trial Memorandum of Law and Fact. Signed by Judge Susan G. Braden. (jcp, ) Modified on 10/8/2004 (jcp, ).
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                                                                                                Blank 231 Filed: 10/6/2004, Entered: 10/7/2004 TranscriptCourt Filing
                                                                                                TRANSCRIPT of Proceedings in Nine (9) Volumes Along With the Cumulative Index Taken at Trial held in Washington, DC on 7/19/2004 - 8/12/2004 before Judge Susan G. Braden. [Volumes pages: 1554-1841; 1842-2119; 2120-2470; 2471-2790; 2791-3004; 3005-3211; 3212-3543; 3544-3788; and 3789-3828] (jcp, )
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                                                                                                  Blank 230 Filed: 10/1/2004, Entered: 10/5/2004 Terminated:
                                                                                                  UNOPPOSED MOTION for Leave to Exceed Page Limit of Dft's Post Trial Brief, by USA.Service: 10/1/2004. Response due by 10/18/2004. (jcp, )
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                                                                                                    Blank 229 Filed: 10/1/2004, Entered: 10/5/2004, Terminated: 10/6/2004 Terminated:
                                                                                                    UNOPPOSED MOTION for Leave to Exceed Page Limit of Pltfs' Post Trial Memorandum of Law and Fact, by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 10/1/2004. Response due by 10/18/2004. (jcp, )
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                                                                                                      Blank 228 Filed: 9/24/2004, Entered: 9/27/2004 Exhibit
                                                                                                      Joint Notice of Filing of Post-Trail list of Exhibits, Exhibits and expert written direct testimony by all parties. (lg1, )
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                                                                                                        Blank 227 Filed: 8/16/2004, Entered: 8/18/2004 Order on Motion For Leave to File.Court Filing
                                                                                                        ORDER: [193] Pltf's 5/28/2004 Motion for Leave to File Deposition Transcripts Pursuant to Rule 32 is DENIED as moot. The [223] Dft's 8/5/2004 Motion to Amend/Correct the Exhibit List is GRANTED. The [225] Dft's 8/6/2004 Motion in Limine is DENIED. Simultaneous post trial briefs are die on 10/1/2004 and simultaneous post trial replies are due on 10/15/2004. The court will conduct a telephone status conference on 10/20/2004 at 11:00 am. On 9/24/2004, one complete set of all exhibits will be provided to he court and one complete set will be sent to Heritage Reporting, which will stamp the exhibits and prepare a master exhibit index. Heritage Reporting then will provide the complete set of trial exhibits to the Clerk of Court as the trial record. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                          Blank -- Filed: 8/16/2004, Entered: 8/18/2004 Set Deadlines/Hearings:
                                                                                                          Set Deadlines/Hearings: Post Trial Brief due 10/1/2004. Post Trial Response Brief due 10/15/2004. Status Conference set for 10/20/2004 11:00 AM before Judge Susan G. Braden. (jcp, )
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                                                                                                            Blank -- Filed: 8/12/2004, Entered: 8/12/2004
                                                                                                            Minute Entry for proceedings held before Judge Susan G. Braden: Trial held on 8/9/04-8/12/04. (cd1)
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                                                                                                              Blank 226 Filed: 8/9/2004, Entered: 8/12/2004 Response to Motion
                                                                                                              RESPONSE to [225] MOTION in Limine filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Reply due by 8/23/2004. Service: 8/9/2004.(hw1, )
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                                                                                                                Blank 225 Filed: 8/6/2004, Entered: 8/11/2004 Terminated:
                                                                                                                MOTION in Limine to Exclude Opinions of Pltfs' Expert, Professor Christopher James, by USA.Service: 8/6/2004. Response due by 8/23/2004. (jcp, )
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                                                                                                                  Blank 224 Filed: 8/6/2004, Entered: 8/10/2004 Order on Motion for ClarificationCourt Filing
                                                                                                                  ORDER: The [144] Dft's Motion for Clarification of its motion for reconsideration of the court's 10/31/2003 decision is GRANTED. The [176] Joint Motion to adopt proposed schedule is DENIED as moot. The [195] Dft's Motion to Strike expert report of Professor Christopher James is DENIED as moot. The [211] Dft's Motion for Leave to File supplemental written direct testimony is GRANTED. The [220] Dft's Motion to Amend/Correct exhibit list is GRANTED. The [221] Dft's Motion to Amend/Correct exhibit list is GRANTED. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                    Blank 223 Filed: 8/5/2004, Entered: 8/9/2004 Terminated:
                                                                                                                    MOTION for Leave to Amend [208] Dft's Exhibit List by USA.Service: 8/5/2004. Response due by 8/23/2004. (jcp, )
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                                                                                                                      Blank 222 Filed: 8/4/2004, Entered: 8/6/2004 ~Notice (other)
                                                                                                                      NOTICE of Filing the written direct expert testimony of Professor Christopher James by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. (1 Separate Volume of Expert Testimony) Service: 8/4/04.(jat, )
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                                                                                                                        Blank -- Filed: 7/26/2004, Entered: 7/26/2004
                                                                                                                        Minute Entry for proceedings held before Judge Susan G. Braden: Trial held on 7/19/04-7/23/04. (cd1)
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                                                                                                                          Blank -- Filed: 7/23/2004, Entered: 7/23/2004
                                                                                                                          Set/Reset Transcript Deadlines: Transcript due by 8/23/2004. (vp1, )
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                                                                                                                            Blank 221 Filed: 7/19/2004, Entered: 7/21/2004 Terminated:
                                                                                                                            MOTION for Leave to Amend [208] Exhibit List, by USA.Service: 7/19/2004. Response due by 8/5/2004.(jcp, )
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                                                                                                                              Blank 220 Filed: 7/16/2004, Entered: 7/20/2004 Terminated:
                                                                                                                              MOTION for Leave to Amend [183] Exhibit List by USA.Service: 7/16/2004. Response due by 8/2/2004. (jcp, )
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                                                                                                                                Blank 219 Filed: 7/15/2004, Entered: 7/20/2004 Order on Motion for Authorization of Service 100+Court Filing
                                                                                                                                ORDER granting [216] Pltfs' Unopposed Motion for Authorization of Service of Subpoenas More Than 100 Miles From the Plae of Trial. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                  Blank 218 Filed: 7/15/2004, Entered: 7/19/2004 ~Notice (other)
                                                                                                                                  DIRECT TESTIMONY of R. Larry Johnson With Attached Exhibits, in One Large White Binder by USA. [FILED BY LEAVE OF THE JUDGE] (jcp, )
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                                                                                                                                    Blank 217 Filed: 7/15/2004, Entered: 7/19/2004 ~Notice (other)
                                                                                                                                    NOTICE of Filing the Writtne Direct Expert Testimony of Mr. R. Larry Johnson by USA. [FILED BY LEAVE OF THE JUDGE] Service: 7/12/2004.(jcp, )
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                                                                                                                                      Blank 216 Filed: 7/8/2004, Entered: 7/13/2004, Terminated: 7/15/2004 Terminated:
                                                                                                                                      UNOPPOSED MOTION for Authorization of Service of Subpoenas More Than 100 Miles From the Place of Trial, by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 7/8/2004. Response due by 7/26/2004. (jcp, )
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                                                                                                                                        Blank 215 Filed: 7/7/2004, Entered: 7/9/2004 TranscriptCourt Filing
                                                                                                                                        TRANSCRIPT of Proceedings in One Volume held on 6/4/2004 before Judge Susan G. Braden. (jcp, )
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                                                                                                                                          Blank -- Filed: 7/6/2004, Entered: 7/6/2004
                                                                                                                                          Minute Entry for proceedings held before Judge Susan G. Braden: Damages Hearing held on 6/21/04-6/25/04. (cd1)
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                                                                                                                                            Blank -- Filed: 6/25/2004, Entered: 6/25/2004
                                                                                                                                            Minute Entry for proceedings held before Judge Susan G. Braden: Trial held on 6/21-25/04. (cd1)
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                                                                                                                                              Blank -- Filed: 6/25/2004, Entered: 6/25/2004
                                                                                                                                              Set/Reset Transcript Deadlines: Transcript due by 7/26/2004. (vp1, )
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                                                                                                                                                Blank -- Filed: 6/23/2004, Entered: 6/23/2004
                                                                                                                                                Set/Reset Transcript Deadlines: Transcript due by 7/15/2004. (vp1, )
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                                                                                                                                                  Blank 211 Filed: 6/21/2004, Entered: 6/23/2004 Terminated:
                                                                                                                                                  MOTION for Leave to File Supplemental Written Direct Testimony by USA.Service: 6/21/04. Response due by 7/8/2004 (jat, )
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                                                                                                                                                    Blank 214 Filed: 6/18/2004, Entered: 6/23/2004 ~Notice (other)
                                                                                                                                                    NOTICE of FILING the written direct expert testimony of Dr. William G. Hamm by USA, w/one volume of exhibits. Service: 6/16/04.(dw1)
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                                                                                                                                                      Blank 213 Filed: 6/18/2004, Entered: 6/23/2004 ~Notice (other)
                                                                                                                                                      NOTICE of FILING the written direct expert testimony of Professor Randall S. Kroszner by USA w/one volume of exhibits. Service: 6/17/04.(dw1)
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                                                                                                                                                        Blank 212 Filed: 6/18/2004, Entered: 6/23/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                        ORDER granting [206] Motion for Leave to File a portable document format signature. Signed by Judge Susan G. Braden. (dw1)
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                                                                                                                                                          Blank 210 Filed: 6/18/2004, Entered: 6/22/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                          ORDER granting [209] Motion for Leave to File Portable Document Format Signature. Signed by Judge Susan G. Braden. (lld, )
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                                                                                                                                                            Blank 209 Filed: 6/18/2004, Entered: 6/22/2004, Terminated: 6/18/2004 Terminated:
                                                                                                                                                            MOTION for Leave to File Portable Document Format Signature by USA.Service: 06/16/2004. Response due by 7/6/2004 (lld, ) (by leave of judge)
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                                                                                                                                                              Blank 208 Filed: 6/18/2004, Entered: 6/22/2004 Exhibit
                                                                                                                                                              Updated Exhibit List by USA. (jat, )
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                                                                                                                                                                Blank 207 Filed: 6/18/2004, Entered: 6/22/2004 Response
                                                                                                                                                                OBJECTIONS to Plaintiffs' Exhibits filed by USA. Service: 6/18/04.(jat, )
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                                                                                                                                                                  Blank 206 Filed: 6/17/2004, Entered: 6/22/2004, Terminated: 6/18/2004 Terminated:
                                                                                                                                                                  MOTION for Leave to File a portable document format signature by USA.Service: 6/17/04. Response due by 7/6/2004 (jat, )
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                                                                                                                                                                    Blank 205 Filed: 6/17/2004, Entered: 6/22/2004 Witness List
                                                                                                                                                                    Updated Witness List by USA. (jat, )
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                                                                                                                                                                      Blank 204 Filed: 6/17/2004, Entered: 6/22/2004 Exhibit
                                                                                                                                                                      Revised Exhibit List by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. (jat, )
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                                                                                                                                                                        Blank 203 Filed: 6/17/2004, Entered: 6/22/2004 Witness List
                                                                                                                                                                        Revised Witness List by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. (jat, )
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                                                                                                                                                                          Blank 202 Filed: 6/16/2004, Entered: 6/21/2004 TranscriptCourt Filing
                                                                                                                                                                          TRANSCRIPT of Proceedings held on June 15, 2004 before Judge Susan Braden. (dw1)
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                                                                                                                                                                            Blank -- Filed: 6/16/2004, Entered: 6/16/2004
                                                                                                                                                                            Minute Entry for proceedings held before Judge Susan G. Braden: Final Pretrial Conference held on 6/15/04. (cd1)
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                                                                                                                                                                              Blank 201 Filed: 6/10/2004, Entered: 6/15/2004 Response
                                                                                                                                                                              BRIEF RESPONSE to [194] Pltfs' "Memorandum of Contentions of Fact and Law," filed by USA. Service: 6/8/2004.(jcp, )
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                                                                                                                                                                                Blank 200 Filed: 6/10/2004, Entered: 6/15/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                ORDER granting [199] Dft's Motion for Leave to File Dft's Response to Pltfs' Memorandum of Contentions of Fact and Law. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                  Blank -- Filed: 6/9/2004, Entered: 6/9/2004
                                                                                                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 7/6/2004. (vp1, )
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                                                                                                                                                                                    Blank 199 Filed: 6/8/2004, Entered: 6/10/2004, Terminated: 6/10/2004 Terminated:
                                                                                                                                                                                    MOTION for Leave to File Dft's Response to Pltfs' "Memorandum and Contentions of Fact and Law" by USA.Service: 6/8/2004. Response due by 6/25/2004. (jcp, )
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                                                                                                                                                                                      Blank 198 Filed: 6/7/2004, Entered: 6/9/2004 ~Notice (other)
                                                                                                                                                                                      NOTICE of Withdrawal of the Filing of the [188] Expert Report of Professor James, by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Service: 6/7/2004.(jcp, )
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                                                                                                                                                                                        Blank -- Filed: 6/4/2004, Entered: 6/4/2004
                                                                                                                                                                                        Minute Entry for proceedings held before Judge Susan G. Braden: Status Conference held on 6/4/04. (cd1)
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                                                                                                                                                                                          Blank 197 Filed: 6/3/2004, Entered: 6/7/2004 Response to Motion
                                                                                                                                                                                          OPPOSITION to [193] Pltfs' MOTION to Introduce Deposition Testimony for Use at Trial, filed by USA. Reply due by 6/17/2004. Service: 6/3/2004.(jcp, )
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                                                                                                                                                                                            Blank 196 Filed: 6/2/2004, Entered: 6/7/2004 Response to Motion
                                                                                                                                                                                            RESPONSE to [195] Dft's MOTION to Strike the Filing of [188] Pltfs' Expert Report, filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Reply due by 6/16/2004. Service: 6/2/2004.(jcp, )
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                                                                                                                                                                                              Blank 195 Filed: 5/28/2004, Entered: 6/2/2004 Terminated:
                                                                                                                                                                                              MOTION to Strike Pltfs' Unauthorized Filing of [188] Expert Report, by USA.Service: 5/28/2004. Response due by 6/14/2004. (jcp, )
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                                                                                                                                                                                                Blank 194 Filed: 5/28/2004, Entered: 6/2/2004 Memorandum of Contentions of Fact and Law
                                                                                                                                                                                                Memorandum of Contentions of Fact and Law by all plaintiffs. (jcp, )
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                                                                                                                                                                                                  Blank 193 Filed: 5/28/2004, Entered: 6/2/2004, Terminated: 8/16/2004 Terminated:
                                                                                                                                                                                                  MOTION for Leave to Use Deposition Transcripts Pursuant to Rule 32 by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 5/28/2004. Response due by 6/14/2004. (jcp, )
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                                                                                                                                                                                                    Blank 192 Filed: 5/28/2004, Entered: 6/2/2004 Exhibit
                                                                                                                                                                                                    Exhibit List by all plaintiffs. (jcp, )
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                                                                                                                                                                                                      Blank 191 Filed: 5/28/2004, Entered: 6/2/2004 Witness List
                                                                                                                                                                                                      Witness List by all plaintiffs. (jcp, )
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                                                                                                                                                                                                        Blank 190 Filed: 5/26/2004, Entered: 5/28/2004 TranscriptCourt Filing
                                                                                                                                                                                                        TRANSCRIPT of Proceedings in One Volume held on 5/14/2004 before Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                          Blank 189 Filed: 5/25/2004, Entered: 5/28/2004 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                          ORDER: [181] Dft's Motion for Clarification Concerning the Form of Direct Examination, and [181] Dft's Motion for Expedited Consideration is GRANTED in part and DENIED in part. [180] Dft's Unopposed Motion for Authorization of Service of Subpoenas More Than 100 Miles From the Place of Trial is GRANTED. [179] Pltfs' Motion to Conduct Voluntary, Confidential Interviews of Potential Trial Witnesses Who are Former Regulators Outside the Presence of Counsel for the Government is GRANTED with respect to former regulators listed on pltfs' witness list whom the Government does not represent. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                            Blank 188 Filed: 5/24/2004, Entered: 5/26/2004 Expert Report - Rule 26
                                                                                                                                                                                                            NOTICE OF FILING OF EXPERT REPORT of Professor Christopher James filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. [WITHDRAWN] Service: 5/24/2004.(jcp, ) Modified on 6/9/2004 (jcp, ).
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                                                                                                                                                                                                              Blank 187 Filed: 5/24/2004, Entered: 5/26/2004 ~Notice (other)
                                                                                                                                                                                                              NOTICE of Filing Proposed Order by USA. Service: 5/24/2004.(jcp, )
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                                                                                                                                                                                                                Blank 186 Filed: 5/19/2004, Entered: 5/20/2004 ~Notice (other)
                                                                                                                                                                                                                SUBMISION Regarding the Form of Fact Witness Direct Testimony, Pursuant to the Court's Request, by USA. Service: 5/19/2004.(jcp, )
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                                                                                                                                                                                                                  Blank -- Filed: 5/19/2004, Entered: 5/19/2004
                                                                                                                                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 6/14/2004. (vp1, )
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                                                                                                                                                                                                                    Blank -- Filed: 5/17/2004, Entered: 5/17/2004
                                                                                                                                                                                                                    Minute Entry for proceedings held before Judge Susan G. Braden: Status Conference held on 5/14/04. (cd1)
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                                                                                                                                                                                                                      Blank 185 Filed: 5/14/2004, Entered: 5/18/2004 Memorandum of Contentions of Fact and Law
                                                                                                                                                                                                                      Memorandum of Contentions of Fact and Law by USA. (jcp, )
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                                                                                                                                                                                                                        Blank 184 Filed: 5/14/2004, Entered: 5/18/2004 Witness List
                                                                                                                                                                                                                        Witness List by USA. (jcp, )
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                                                                                                                                                                                                                          Blank 183 Filed: 5/14/2004, Entered: 5/18/2004 Exhibit
                                                                                                                                                                                                                          Exhibit List by USA. (jcp, )
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                                                                                                                                                                                                                            Blank 182 Filed: 5/14/2004, Entered: 5/17/2004 Response to Motion
                                                                                                                                                                                                                            RESPONSE to Dft's Objection to Submission of Written Direct Examination and to [181] Dft's MOTION for Clarification Concerning the Form of Direct Examination and MOTION for Expedited Consideration, filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. [FILED BY LEAVE OF THE JUDGE] Reply due by 5/27/2004. Service: 5/13/2004.(jcp, )
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                                                                                                                                                                                                                              Blank 181 Filed: 5/14/2004, Entered: 5/17/2004, Terminated: 5/25/2004 Terminated:
                                                                                                                                                                                                                              MOTION for Clarification Concerning the Form of Direct Examination, and MOTION for Expedited Consideration, and Dft's Objection to Submission of Written Direct Examinations, by USA. [FILED BY LEAVE OF THE JUDGE]Service: 5/11/2004 by hand. Response due by 5/25/2004. (jcp, )
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                                                                                                                                                                                                                                Blank 181 Filed: 5/14/2004, Entered: 5/17/2004, Terminated: 5/25/2004 Response
                                                                                                                                                                                                                                OBJECTION to Submission of Written Direct Examination, and Motion for Clarification Concerning the Form of Direct Examination and for Expedited Consideration, filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 5/11/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                  Blank 180 Filed: 5/12/2004, Entered: 5/14/2004 Terminated:
                                                                                                                                                                                                                                  MOTION for Authorization of Service of Subpoenas More Than 100 Miles From The Place of Trial, by USA.Service: 5/12/2004. Response due by 6/1/2004. (jcp, )
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                                                                                                                                                                                                                                    Blank 179 Filed: 5/12/2004, Entered: 5/14/2004 Terminated:
                                                                                                                                                                                                                                    MOTION to Conduct Voluntary, Confidential Interviews of Potential Trial Witnesses Who Are Former Regulators Outside the Presence of Counsel for the Dft, by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 5/12/2004. Response due by 6/1/2004. (jcp, )
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                                                                                                                                                                                                                                      Blank 178 Filed: 5/6/2004, Entered: 5/7/2004 Order on Motion for Reconsideration - Rule 59(a)Court Filing
                                                                                                                                                                                                                                      ORDER: The [175] Dft's Motion for Reconsideration of the court's decision to allow the FDIC to participate as an amicus in the case is, in the interest of justice, DENIED. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                        Blank 177 Filed: 5/3/2004, Entered: 5/5/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                        SCHEDULING ORDER: The Government will file its witness list, exhibit list, and contentions memorandum in accordance with RCFC paragraph 14(a),15,16 on 5/14/2004. Pltf will file its witness list, exhibit list, and contentions memorandum in accordance with RCFC paragraph 14(b),15,16 on 5/28/2004. Motions in limine will be filed on 6/4/2004. Responses to motions in limine will be filed on 6/11/2004. Production of direct examination will be filed on 6/14/2004. The Final Pretrial Conference will be held on 6/15/2004 11:00 AM in National Courts Building before Judge Susan G. Braden. Updated witness and exhibit lists will be filed by both parties on 6/17/2004. Trial will start on 6/21/2004 01:00 PM in National Courts Building before Judge Susan G. Braden. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                          Blank 176 Filed: 4/29/2004, Entered: 5/3/2004 Terminated:
                                                                                                                                                                                                                                          JOINT MOTION to adopt proposed schedule by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION and USA.Service: 4/28/04. (dw1)
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                                                                                                                                                                                                                                            Blank 175 Filed: 4/27/2004, Entered: 4/29/2004 Terminated:
                                                                                                                                                                                                                                            MOTION for Reconsideration of the Court's [172] Decision to Allow the Federal Deposit Insurance Corporation to Continue to Participate in the Case, by USA.Service: 4/27/2004. (jcp, )
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                                                                                                                                                                                                                                              Blank 174 Filed: 4/21/2004, Entered: 4/23/2004 Notice of Appearance/
                                                                                                                                                                                                                                              NOTICE of Appearance by William Francis Ryan for USA. Service: 4/21/2004.(jcp, )
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                                                                                                                                                                                                                                                Blank 173 Filed: 4/21/2004, Entered: 4/23/2004 OrderCourt Filing
                                                                                                                                                                                                                                                ERRATA: Please take note of the following changes to the [164] Published Opinion, American Capital Corp. v. United States, that was filed on 2/27/2004. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                  Blank 171 Filed: 4/20/2004, Entered: 4/20/2004 Court Filing
                                                                                                                                                                                                                                                  CORRECTED PUBLISHED OPINION originally filed April 16, 2004.. Signed by Judge Susan G. Braden. (lld, )
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                                                                                                                                                                                                                                                    Blank 172 Filed: 4/16/2004, Entered: 4/21/2004 Order on Motion for SanctionsCourt Filing
                                                                                                                                                                                                                                                    ORDER: Pltfs' expert report(s) will be submitted on or before 5/24/2004 and dft's responsive expert report(s) will be submitted on or before 6/7/2004. Pltfs' rebuttal expert report(s) will be submitted on or before 6/14/2004. The evidentiary hearing on damages is scheduled to begin at 1:00 pm on 6/21/2004 and cotinue through 6/25/2004; recommence on 7/19/2004 through 7/23/2004; and if necessary, recommence on 8/9/2004 through 8/13/2004 in Washington, DC. [78] Dft's Motion for Sanctions is dismissed as MOOT. [87] Pltfs' Motion to Suspend is dismissed as MOOT. Dft's Motion for Leave to FIle Surreply is dismissed as MOOT. [91] Dft's Motion for Clarification is dismissed as MOOT. [96] Dft's Motion for Extension of Time is dismissed as MOOT. [106] Pltfs' Motion to Enforce Suspension of Expert Discovery is dismissed as MOOT. [165] Dft's Motion for Leave to File Proposed Status Conference Agenda is MOOT. . Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                      Blank 170 Filed: 4/16/2004, Entered: 4/19/2004 Published Opinion/OrderCourt Filing
                                                                                                                                                                                                                                                      PUBLISHED ORDER and OPINION dismissing as moot [50] Motion for Summary Judgment filed by FDIC, and [97] Motion for Extension of Time to File filed by FDIC, and denying [115] CROSS MOTION to [92] Motion for Summary Judgment filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION filed by FDIC. The Clerk is directed to enter judgment. The FDIC's March 25, 1997 and March 17, 2004 complaints shall be dismissed. Signed by Judge Susan G. Braden. (lld, )
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                                                                                                                                                                                                                                                        Blank -- Filed: 4/16/2004, Entered: 4/21/2004 Set Deadlines/Hearings:
                                                                                                                                                                                                                                                        Set Deadlines/Hearings: Brief due by 5/24/2004. Reply due by 6/14/2004. Response due by 6/7/2004. Hearing set for 6/21/2004 01:00 PM in National Courts Building before Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                          Blank 169 Filed: 3/29/2004, Entered: 3/30/2004 TranscriptCourt Filing
                                                                                                                                                                                                                                                          TRANSCRIPT of Proceedings in One Volume held on 3/10/2004 before Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                            Blank 168 Filed: 3/17/2004, Entered: 3/19/2004 Amended Complaint
                                                                                                                                                                                                                                                            FIRST AMENDED COMPLAINT in Intervention of Plainitff FEDERAL DEPOSIT INSURANCE CORPORATION. Service: 3/17/2004.(jcp, )
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                                                                                                                                                                                                                                                              Blank 167 Filed: 3/15/2004, Entered: 3/16/2004 Response
                                                                                                                                                                                                                                                              RESPONSE to Court's Request for Information filed by USA. Service: 3/15/2004.(jcp, )
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                                                                                                                                                                                                                                                                Blank 166 Filed: 3/12/2004, Entered: 3/16/2004 Terminated:
                                                                                                                                                                                                                                                                MOTION for Reconsideration - Rule 59(a) re: [164] Published Opinion of 2/27/2004, by USA.Service: 3/12/2004. (jcp, )
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                                                                                                                                                                                                                                                                  Blank -- Filed: 3/11/2004, Entered: 3/11/2004
                                                                                                                                                                                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 4/12/2004. (vp1, )
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                                                                                                                                                                                                                                                                    Blank -- Filed: 3/10/2004, Entered: 3/10/2004
                                                                                                                                                                                                                                                                    Minute Entry for proceedings held before Judge Susan G. Braden: Status Conference held on 3/10/04. (cd1)
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                                                                                                                                                                                                                                                                      Blank 165 Filed: 3/8/2004, Entered: 3/10/2004 Terminated:
                                                                                                                                                                                                                                                                      MOTION for Leave to File Proposed Status Conference Agenda by USA.Service: 3/8/2004. Response due by 3/25/2004. (jcp, )
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                                                                                                                                                                                                                                                                        Blank 164 Filed: 2/27/2004, Entered: 3/1/2004 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                        PUBLISHED OPINION: The court GRANTS [92] Pltfs' Motion for Partial Summary Judgment regarding TFC's "essential reliance" interest and "collateral reliance" interest. In addition, the court DENIES Pltfs' Motion for Partial Summary Judgment as to Restitution and GRANTS the [150] Dft's CROSS MOTION to [92] Pltfs' Motion for Summary Judgment as to Restitution. In the interest of justice, the court will grant the FDIC 30 days leave in which to amend its complaint specifically to conform to the court's rulings herein.Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                          Blank 160 Filed: 2/18/2004, Entered: 2/25/2004 OrderCourt Filing
                                                                                                                                                                                                                                                                          ORDER RE: For the purpose of clarification for the Clerk's Office, the court hereby terminates the status conference that was originally scheduled on October 15, 2003 and moved to October 20, 2003. Signed by Judge Susan G. Braden. (lg1, )
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                                                                                                                                                                                                                                                                            Blank 161 Filed: 2/17/2004, Entered: 2/25/2004 Description not available
                                                                                                                                                                                                                                                                            REPLY to Response to Motion re [150] CROSS MOTION to [92] Motion for Summary Judgment filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION filed by USA. Service: 2/17/04.(jat, )
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                                                                                                                                                                                                                                                                              Blank 163 Filed: 2/13/2004, Entered: 2/25/2004 Response
                                                                                                                                                                                                                                                                              RESPONSE to court's order dated January 13, 2004 filed by USA. Service: 02/13/2004.(lld, )
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                                                                                                                                                                                                                                                                                Blank 162 Filed: 2/13/2004, Entered: 2/25/2004 Supplemental Brief
                                                                                                                                                                                                                                                                                SUPPLEMENTAL POST-HEARING BRIEF of plaintiff-intervenor FDIC pursuant to court's Order of January 12, 2004. Service: 02/13/2004.(lld, )
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                                                                                                                                                                                                                                                                                  Blank 159 Filed: 2/13/2004, Entered: 2/19/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                  POST-HEARING BRIEF by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Service: 2/13/2004.(jcp, )
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                                                                                                                                                                                                                                                                                    Blank 158 Filed: 2/2/2004, Entered: 2/5/2004 Response to Motion
                                                                                                                                                                                                                                                                                    OPPOSITION to [150] Dft's CROSS MOTION to [92] Pltfs' Motion for Summary Judgment Upon Pltfs' Claims for Restitution filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Reply due by 2/19/2004. Service: 2/2/2004.(jcp, )
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                                                                                                                                                                                                                                                                                      Blank 157 Filed: 2/2/2004, Entered: 2/5/2004 Response to Proposed Findings of Uncontroverted Fa
                                                                                                                                                                                                                                                                                      STATEMENT OF GENUINE ISSUES IN RESPONSE to [149] Dft's PROPOSED FINDINGS of Uncontroverted Fact in Support of Dft's Cross Motion for Summary Judgment Upon Pltfs' Claims for Restitution filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Service: 2/2/2004.(jcp, )
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                                                                                                                                                                                                                                                                                        Blank 156 Filed: 2/2/2004, Entered: 2/5/2004 Response to Motion
                                                                                                                                                                                                                                                                                        RESPONSE IN OPPOSITION to [150] Dft's CROSS MOTION to [92] Pltfs' Motion for Summary Judgment Upon Pltfs' Claims for Restitution filed by FDIC. Reply due by 2/19/2004. Service: 2/2/2004.(jcp, )
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                                                                                                                                                                                                                                                                                          Blank 155 Filed: 1/23/2004, Entered: 1/29/2004 Reply to Response to Motion
                                                                                                                                                                                                                                                                                          REPLY in Support of [140] Dft's MOTION for Reconsideration - Rule 59(a) re: [138] Published Order/Opinion, filed by USA. Service: 1/12/2004.(jcp, )
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                                                                                                                                                                                                                                                                                            Blank 154 Filed: 1/23/2004, Entered: 1/29/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                            ORDER: [152] Dft's Motion for Leave to File a Reply in Support of Its Motion for Reconsideration is GRANTED. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                              Blank 153 Filed: 1/13/2004, Entered: 1/15/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                              SCHEDULING ORDER: Pltf's and pltf-intervenor will file their Responses in opposition on or before 2/2/2004. Thereafter, the Government will file its Reply, if necessary, on or before 2/17/2004. The parties may file a 20-page Post Hearing Brief on or before 2/13/2004. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                Blank 152 Filed: 1/12/2004, Entered: 1/14/2004, Terminated: 1/23/2004 Terminated:
                                                                                                                                                                                                                                                                                                MOTION for Leave to File Reply in Support of Dft's Motion for Reconsideration by USA.Service: 1/12/2004. Response due by 1/29/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                  Blank 151 Filed: 1/12/2004, Entered: 1/14/2004 LetterCourt Filing
                                                                                                                                                                                                                                                                                                  Letter from Jane M.E. Peterson, Trial Attorney, Commercial Litigation Branch to Judge Braden Per Request Made During the Hearing Held on December 16, 2003. [FILED BY LEAVE OF THE JUDGE] (jcp, )
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                                                                                                                                                                                                                                                                                                    Blank 150 Filed: 1/5/2004, Entered: 1/8/2004 Terminated:
                                                                                                                                                                                                                                                                                                    CROSS MOTION to [92] Pltfs' Motion for Summary Judgment Upon Pltfs' Claims for Restitution by USA.Service: 1/5/2004. Response due by 2/5/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                      Blank 149 Filed: 1/5/2004, Entered: 1/8/2004 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                      PROPOSED FINDINGS of Uncontroverted Fact in Support of Its Cross Motion for Summary Judgment Upon Pltfs' Claim for Restitution by USA. Service: 1/5/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                        Blank 148 Filed: 12/22/2003, Entered: 12/29/2003 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                        TRANSCRIPT of Proceedings in One Volume held on 12/16/2003 before Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                          Blank 147 Filed: 12/19/2003, Entered: 12/23/2003 Response to Motion
                                                                                                                                                                                                                                                                                                          RESPONSE to [140] Dft's MOTION for Reconsideration - Rule 59(a) re: [138] Published Order/Opinion, filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Reply due by 1/2/2004. Service: 12/19/03.(jcp, )
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                                                                                                                                                                                                                                                                                                            Blank 146 Filed: 12/16/2003, Entered: 12/22/2003 Order on Motion for Extension of Time to File RespCourt Filing
                                                                                                                                                                                                                                                                                                            ORDER granting [145] Pltfs' Unopposed Motion for Extension of Time to File Response to [140] Dft's MOTION for Reconsideration - Rule 59(a) re: [138] Published Order/Opinion, until 12/19/2003. Response due on or before 12/19/2003. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                              Blank -- Filed: 12/16/2003, Entered: 12/16/2003
                                                                                                                                                                                                                                                                                                              Set/Reset Transcript Deadlines: Transcript due by 1/16/2004. (vp1, )
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                                                                                                                                                                                                                                                                                                                Blank 145 Filed: 12/10/2003, Entered: 12/16/2003, Terminated: 12/16/2003 Terminated:
                                                                                                                                                                                                                                                                                                                UNOPPOSED MOTION for Extension of Time to File Response to [140] Dft's MOTION for Reconsideration - Rule 59(a) re: [138] Published Order/Opinion, until 12/19/2003, by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION.Service: 12/10/03. Response due by 12/29/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                  Blank 144 Filed: 12/9/2003, Entered: 12/12/2003, Terminated: 8/6/2004 Terminated:
                                                                                                                                                                                                                                                                                                                  MOTION for Clarification of its Motion for Reconsideration of the Court's October 31, 2003 Decision, by USA.Service: 12/2/03. Response due by 12/19/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                    Blank 143 Filed: 12/9/2003, Entered: 12/12/2003 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                    ORDER granting [141] Dft's Motion for Leave to File Dft's Motion for Clarification of its Moiton for Reconsideration of the Court's October 31, 2003 Decision. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                                      Blank 142 Filed: 12/3/2003, Entered: 12/9/2003 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                      SCHEDULING ORDER: Pltfs are ordered to Respond to the dft's motion to reconsider on or before 12/17/2003. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                                        Blank 141 Filed: 12/2/2003, Entered: 12/5/2003, Terminated: 12/9/2003 Terminated:
                                                                                                                                                                                                                                                                                                                        MOTION for Leave to File Dft's Motion for Clarification of its Motion for Reconsideration of the Court's October 31, 2003 Decision by USA.Service: 12/2/03. Response due by 12/19/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                          Blank 140 Filed: 11/17/2003, Entered: 11/21/2003 Terminated:
                                                                                                                                                                                                                                                                                                                          MOTION for Reconsideration - Rule 59(a) re: [138] Published Order/Opinion of October 31, 2003, by USA.Service: 11/17/03. (jcp, )
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                                                                                                                                                                                                                                                                                                                            Blank 139 Filed: 10/31/2003, Entered: 10/31/2003
                                                                                                                                                                                                                                                                                                                            JUDGMENT entered, as provided in Rule 54(b), that the plaintiffs' claim that supervisory goodwill was not required under the terms of the Assistance Agreement to be amortized is dismissed as moot. (lld, )
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                                                                                                                                                                                                                                                                                                                              Blank 138 Filed: 10/31/2003, Entered: 10/31/2003 Court Filing
                                                                                                                                                                                                                                                                                                                              PUBLISHED ORDER and OPINION granting [46] Motion for Summary Judgment filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. The Clerk is directed to enter judgment, as there is no just reason for delay, dismissing as moot, plaintiff's claim that supervisory goodwill was not required under the terms of the Assistance Agreement to be amortized. Signed by Judge Susan G. Braden. (lld, )
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                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 10/27/2003, Entered: 10/27/2003
                                                                                                                                                                                                                                                                                                                                Set/Reset Transcript Deadlines: Transcript due by 10/21/2003. (vp1, )
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                                                                                                                                                                                                                                                                                                                                  Blank 137 Filed: 10/21/2003, Entered: 10/22/2003 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                  TRANSCRIPT of Proceedings held on October 20, 2003 before Judge Susan Braden. (dw1, )
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                                                                                                                                                                                                                                                                                                                                    Blank 136 Filed: 10/17/2003, Entered: 10/22/2003 Response
                                                                                                                                                                                                                                                                                                                                    REPLY to [134] Response to Statute of Limitations Argument filed by USA. Service: 10/17/03.(jat, )
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                                                                                                                                                                                                                                                                                                                                      Blank 135 Filed: 10/10/2003, Entered: 10/17/2003 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                      NOTICE of Filing copies of documents filed in Transohio Savings Bank v. Director of Office of Thrift Supervision by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Service: 10/10/03.(jat, )
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                                                                                                                                                                                                                                                                                                                                        Blank 134 Filed: 10/10/2003, Entered: 10/17/2003 Response
                                                                                                                                                                                                                                                                                                                                        RESPONSE to Government's Statute of Limitations Argument filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION. Service: 10/10/03.(jat, )
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                                                                                                                                                                                                                                                                                                                                          Blank 133 Filed: 10/3/2003, Entered: 10/10/2003 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                          SCHEDULING ORDER:Plaintiff's response due by 10/10/2003. Defendant's response to plaintiff's brief due by 10/17/2003. Status Conference set for 10/20/2003 10:00 AM before Judge Susan G. Braden. Signed by Judge Susan G. Braden. (dw1, )
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                                                                                                                                                                                                                                                                                                                                            Blank 132 Filed: 10/2/2003, Entered: 10/8/2003 Response
                                                                                                                                                                                                                                                                                                                                            RESPONSE to FDIC's surreply in further response to the Court's Show Cause Order of 6/13/03 filed by USA. Service: 9/22/03.(jat, )
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                                                                                                                                                                                                                                                                                                                                              Blank 131 Filed: 10/2/2003, Entered: 10/8/2003 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                              ORDER granting [130] Motion for Leave to File Response to FDIC's surreply. Signed by Judge Susan G. Braden. (jat, )
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                                                                                                                                                                                                                                                                                                                                                Blank 130 Filed: 9/22/2003, Entered: 9/24/2003, Terminated: 10/2/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                MOTION for Leave to File a Response to the Plaintiff FDIC's Surreply in Further Response to the Court's Show Cause Order of June 13, 2003 by USA.Service: 9/22/03. Response due by 10/9/2003.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                  Blank 129 Filed: 9/15/2003, Entered: 9/17/2003 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                  STATUS CONFERENCE ORDER:The Court hereby amends its previous order calling for a telephonic status conference in the above matter on October 15, 2003 at 10 am. The Status Conference, instead, will be held on 10/15/2003 10:00 AM in the National Courts Building before Judge Susan G. Braden. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                    Blank 128 Filed: 9/9/2003, Entered: 9/11/2003 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                    STATUS CONFERENCE ORDER:The Court hereby sets a Telephonic Status Conference on 10/15/2003 10:00 AM before Judge Susan G. Braden. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                      Blank 127 Filed: 9/9/2003, Entered: 9/11/2003 Surreply
                                                                                                                                                                                                                                                                                                                                                      SUR-REPLY in Further Response to [119] Court's Show Cause Order of June 13, 2003 filed by FDIC. Service: 9/2/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                        Blank 126 Filed: 9/9/2003, Entered: 9/11/2003 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                        ORDER granting [125] FDIC's Motion for Leave to File Surreply in Further Response to Court's Show Cause Order of June 13, 2003. Signed by Judge Susan G. Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                          Blank 125 Filed: 9/2/2003, Entered: 9/8/2003, Terminated: 9/9/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                          MOTION for Leave to File Surreply in Further Response to the Court's Order to Show Cause Filed June 13, 2003 by FDIC.Service: 9/2/03. Response due by 9/19/2003.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                            Blank 124 Filed: 8/15/2003, Entered: 8/15/2003 Court Filing
                                                                                                                                                                                                                                                                                                                                                            NOTICE of Reassignment to Judge Susan Braden. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                              Blank 123 Filed: 8/15/2003, Entered: 8/15/2003 Court Filing
                                                                                                                                                                                                                                                                                                                                                              ORDER REASSIGNING CASE. Pursuant to Rule 40.1(c) of the RCFC, which permits the Chief Judge to reassign any cases if necessary for the efficient administration of justice, the Clerk of the Court is directed to reassign the above captioned case to Judge Susan Braden. Judge Loren A. Smith no longer assigned to case. Signed by Judge Edward J. Damich. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                Blank 122 Filed: 8/1/2003, Entered: 8/6/2003 Response
                                                                                                                                                                                                                                                                                                                                                                REPLY to [121] FDIC's Response to Court's Order to Show Cause filed by USA. Service: 8/1/03 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                  Blank 121 Filed: 7/17/2003, Entered: 7/21/2003 Response to Order to Show Cause
                                                                                                                                                                                                                                                                                                                                                                  RESPONSE TO [119] Court's ORDER TO SHOW CAUSE of June 13, 2003 filed by FDIC. Service: 7/17/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                    Blank 120 Filed: 6/24/2003, Entered: 6/25/2003 Order on Motion to DismissCourt Filing
                                                                                                                                                                                                                                                                                                                                                                    ORDER denying [43] Defendant's Motion to Dismiss the Claims of ACC Because of a Lack of Authority to Contract, and granting [63] Plaintiffs' Cross Motion for Partial Summary Judgment with Respect to the Issue of Whether the FHLBB had Authority to Enter into the Regulatory Capital Contracts at Issue in the Case. Signed by Judge Loren A. Smith. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                      Blank 119 Filed: 6/13/2003, Entered: 6/19/2003 Order to Show Cause Court Filing
                                                                                                                                                                                                                                                                                                                                                                      ORDER TO SHOW CAUSE: Show Cause Response due by 7/18/2003. The government may choose to file a reply no later than August 1, 2003. Signed by Senior Judge Loren A. Smith. (dw1, )
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                                                                                                                                                                                                                                                                                                                                                                        Blank 118 Filed: 6/5/2003, Entered: 6/16/2003 Description not available
                                                                                                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re [115] CROSS MOTION by FDIC filed [by leave of the judge]. Service: 1/16/02.(dls, )
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                                                                                                                                                                                                                                                                                                                                                                          Blank 117 Filed: 6/5/2003, Entered: 6/16/2003 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                          RESPONSE, together with two separately bound volumes of appendix, to [92] Motion for Summary Judgment, [115] CROSS MOTION filed by UNITED STATES. Service: 1/2/02.(dls, )
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                                                                                                                                                                                                                                                                                                                                                                            Blank 116 Filed: 6/5/2003, Entered: 6/16/2003 Response to Proposed Findings of Uncontroverted Fa
                                                                                                                                                                                                                                                                                                                                                                            Statement of Genuine Issues in RESPONSE to [114] PROPOSED FINDINGS of Uncontroverted Fact by UNITED STATES. Service: 1/2/02.(dls, )
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                                                                                                                                                                                                                                                                                                                                                                              Blank 115 Filed: 6/5/2003, Entered: 6/16/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                              CROSS MOTION and Response to [92] Motion for Summary Judgment (on Damages) filed by AMERICAN CAPITAL CORPORATION, TRANSCAPITAL FINANCE CORPORATION by FDIC filed [by leave of the judge].Service: 11/30/01. (dls, )
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                                                                                                                                                                                                                                                                                                                                                                                Blank 114 Filed: 6/5/2003, Entered: 6/16/2003 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact by FDIC filed [by leave of the judge]. Service: 11/30/01.(dls, )
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 113 Filed: 6/5/2003, Entered: 6/16/2003 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                  ORDER directing the Clerk to file FDIC's motion for partial summary judgment by leave of the judge; granting [103] Motion for Leave to File Excess Pages, finding as moot [111] Motion for Leave to Re-File response to motions for summary judgment; and directing the Clerk to return the additional briefs to defendant. Signed by Judge Loren A. Smith. (dls, )
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                                                                                                                                                                                                                                                                                                                                                                                    Blank 112 Filed: 5/15/2003, Entered: 5/20/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                    MOTION to Substitute Attorney Andrew Gilbert in place of John M. Dorsey by FDIC.Service: 5/15/03. (dls, )
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                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 5/15/2003, Entered: 5/20/2003 Add and Terminate Attorneys
                                                                                                                                                                                                                                                                                                                                                                                      ***Attorney Andrew Charles Gilbert for FDIC added. Attorney John Morris Dorsey terminated. (dls, )
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                                                                                                                                                                                                                                                                                                                                                                                        Blank 111 Filed: 3/6/2002, Entered: 3/7/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                        MOTION by USA (Service: 3/6/02) for Leave to re-file, out of time response to FDIC's motion for partial summary judgment and opposition to SHAREHOLDER'S motion for partial summary judgment on damages . (FE)
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                                                                                                                                                                                                                                                                                                                                                                                          Blank 110 Filed: 2/15/2002, Entered: 2/15/2002
                                                                                                                                                                                                                                                                                                                                                                                          Response by AMERICAN CAPITAL, TRANSCAPITAL to FDIC's unfiled motion for partial summary judgment. Service: 2/8/02 (included with reply in support of plaintiffs' motion for partial summary judgment with respect to the damages issue) (DS)
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                                                                                                                                                                                                                                                                                                                                                                                            Blank 110 Filed: 2/15/2002, Entered: 2/15/2002
                                                                                                                                                                                                                                                                                                                                                                                            REPLY by AMERICAN CAPITAL, TRANSCAPITAL to response to [92-1] motion for Summary Judgment. Service: 2/8/02 (Also includes response to FDIC's unfiled motion for partial summary judgment) (DS)
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                                                                                                                                                                                                                                                                                                                                                                                              Blank 109 Filed: 2/8/2002, Entered: 2/15/2002 Statement of Genuine Issues
                                                                                                                                                                                                                                                                                                                                                                                              STATEMENT OF GENUINE ISSUES filed by AMERICAN CAPITAL, TRANSCAPITAL. Service: 2/8/02 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                Blank 108 Filed: 1/16/2002, Entered: 1/18/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting [101-1] motion to Extend Time to file reply to the Motion for Partial Summary Judgment and respond to FDIC's Motion for Partial Summary Judgment Plaintiff's Response to [50-1] motion for Partial Summary Judgment on Liability reset to 2/8/02 (signed by Sr. Judge Loren A. Smith). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                  Blank 107 Filed: 1/16/2002, Entered: 1/17/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE by USA (Service: 1/16/02) to [106-1] motion to enforce suspension of expert discovery. Reply due: 1/31/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 106 Filed: 1/14/2002, Entered: 1/15/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by AMERICAN CAPITAL (Service: 1/14/02) to enforce suspension of expert discovery . Response due: 1/31/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 105 Filed: 1/7/2002, Entered: 1/9/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                      ORDER re: reassignment of cases. ( signed by Sr. Judge Loren A. Smith ) Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                        Blank 104 Filed: 12/26/2001, Entered: 12/28/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE by AMERICAN CAPITAL (Service: 12/26/01) to [50-1] motion for Partial Summary Judgment on Liability. Reply due: 1/14/02. (LTD) Modified on 12/28/2001
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank 104 Filed: 12/26/2001, Entered: 12/28/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                          REPLY by AMERICAN CAPITAL to response to [101-1] motion to Extend Time to file reply to the Motion for Partial Summary Judgment and respond to FDIC's Motion for Partial Summary Judgment. Service: 12/26/01. (LTD) Modified on 12/28/2001
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                                                                                                                                                                                                                                                                                                                                                                                                            Blank 103 Filed: 12/20/2001, Entered: 12/28/2001, Terminated: 6/5/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service : 12/20/01 ) For leave to exceed the page limitation in its response to opposition to FDIC's motion for partial summary judgment, etc. (20 pages). Response due: 1/8/02 (HW) Modified on 12/28/2001
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                                                                                                                                                                                                                                                                                                                                                                                                              Blank 102 Filed: 12/19/2001, Entered: 12/20/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE by USA (Service by hand: 12/19/01) to [101-1] motion to Extend Time to file reply to the Motion for Partial Summary Judgment and respond to FDIC's Motion for Partial Summary Judgment. Reply due: 1/3/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                Blank 101 Filed: 12/13/2001, Entered: 12/14/2001, Terminated: 1/16/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by AMERICAN CAPITAL (Service: 12/13/01) to Extend Time to file reply to the Motion for Partial Summary Judgment and respond to FDIC's Motion for Partial Summary Judgment Response due: 1/2/02 (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 100 Filed: 11/30/2001, Entered: 12/5/2001 Statement of Genuine Issues
                                                                                                                                                                                                                                                                                                                                                                                                                  STATEMENT OF GENUINE ISSUES filed by USA. Service: 11/30/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 99 Filed: 11/30/2001, Entered: 12/5/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE, together with two volumes of appendix, by USA (Service: 11/30/01) to [92-1] motion for Summary Judgment. Reply due: 12/17/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 98 Filed: 9/28/2001, Entered: 10/1/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [94-1] motion to Extend Time to complete Discovery . Discovery deadline to 10/22/01 ( signed by Sr. Judge Loren A. Smith ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 97 Filed: 9/26/2001, Entered: 9/26/2001, Terminated: 4/14/2004 Motion for Extension of Time
                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by FDIC (Service: 9/26/01) to Extend Time to respond to the Motion for Partial Summary Judgment until 11/30/01. Response due: 10/15/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 96 Filed: 9/25/2001, Entered: 9/25/2001, Terminated: 4/16/2004 Motion for Extension of Time
                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service: 9/25/01) to Extend Time to respond to motion for partial summary judgment with respect to damages issues , (until November 30, 2001). (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 95 Filed: 9/19/2001, Entered: 9/20/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE by USA (Service: 9/19/01) to [94-1] motion to Extend Time to complete Discovery. Reply due: 10/3/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 94 Filed: 9/18/2001, Entered: 9/19/2001, Terminated: 9/28/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by FDIC (Service: 9/18/01) to Extend Time to complete Discovery until 10/20/01. Response due: 10/5/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 93 Filed: 8/31/2001, Entered: 9/4/2001 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact by AMERICAN CAPITAL, TRANSCAPITAL. Service: 8/31/01. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 92 Filed: 8/31/2001, Entered: 9/4/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION by AMERICAN CAPITAL, TRANSCAPITAL (Service: 8/31/01) for Summary Judgment , (with respect to damages issues), filed together with a one volume appendix. Response due: 10/1/01 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 91 Filed: 7/13/2001, Entered: 7/16/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by USA (Service: 7/13/01) for Clarification regarding AMERICAN CAPITAL'S and TRANSCAPITAL FINANCIAL motion to suspend expert discovery . Response due: 7/30/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 90 Filed: 6/21/2001, Entered: 6/22/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by USA (Service: 6/21/01) for Leave to file surreply to Plaintiffs reply to Motion to Suspend the omnibus case management order . Response due: 7/9/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 89 Filed: 6/15/2001, Entered: 6/18/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY by AMERICAN CAPITAL and TRANSCAPITAL to response to [87-1] motion to Suspend. Service by hand: 6/15/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 88 Filed: 6/12/2001, Entered: 6/14/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by USA (Service by hand on plaintiffs; by mail on FDIC: 6/12/01) to [87-1] motion to Suspend, [87-2] motion for Expedited treatment. Reply due: 6/21/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 87 Filed: 5/29/2001, Entered: 5/31/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by AMERICAN CAPITAL and TRANSCAPITAL (Service by hand: 5/29/01) to Suspend , the omnibus case management order, procedural order No. 1, master litigation plan, procedural order No. 2 and discovery plan and for Expedited treatment . Response due: 6/12/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 86 Filed: 4/26/2001, Entered: 4/27/2001 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                              REPLY to Plaintiff's Response to Court's April 2, Show Cause Order by USA. Service: 4/26/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 85 Filed: 4/18/2001, Entered: 4/19/2001 Affidavit
                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Steven R. Cook. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 84 Filed: 4/18/2001, Entered: 4/19/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [82-1] motion for Leave to file original affidavit of Steven R. Cook (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 83 Filed: 4/16/2001, Entered: 4/16/2001 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE by AMERICAN CAPITAL, TRANSCAPITAL (Service: 4/12/01) to [78-1] motion for Sanctions, including dismissal. Filed by leave of the Judge. Reply due: 4/26/01. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 82 Filed: 4/13/2001, Entered: 4/16/2001, Terminated: 4/18/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by AMERICAN CAPITAL and TRANSCAPITAL (Service: 4/13/01) for Leave to file original affidavit of Steven R. Cook . Response due: 4/30/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 81 Filed: 4/6/2001, Entered: 4/9/2001 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of COMPLIANCE WITH COURT ORDERS by AMERICAN CAPITAL and TRANSCAPITAL. Service: 4/6/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 80 Filed: 4/4/2001, Entered: 4/5/2001 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                          STATEMENT OF COSTS by USA re: [79-2] order. Service: 4/4/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 79 Filed: 4/2/2001, Entered: 4/4/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER directing plaintiff to Respond to Show Cause order by 4/12/01 ( signed by Senior Judge Loren A. Smith ) Copy to parties. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 78 Filed: 3/30/2001, Entered: 4/2/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by USA (Service: 3/30/01) for Sanctions, including dismissal . Response due: 4/16/01. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 77 Filed: 2/14/2001, Entered: 2/15/2001 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                SUR-REPLY by AMERICAN CAPITAL, TRANSCAPITAL re: [70-1] motion reply by USA. Service: 2/12/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 76 Filed: 2/14/2001, Entered: 2/15/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [73-1] motion for Leave to file surreply to defendant's reply in support of motion to compel payment of discovery obligations (signed by Judge Robert H. Hodges). Copy to parties. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 75 Filed: 2/13/2001, Entered: 2/14/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    REPLY by AMERICAN CAPITAL, TRANSCAPITAL to response to [63-1] cross motion. Service: 2/13/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 74 Filed: 2/13/2001, Entered: 2/14/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [67-1] motion to Compel Plaintiffs to satisfy discovery payment obligations (signed by Judge Robert H. Hodges). Copy to parties. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 73 Filed: 2/12/2001, Entered: 2/13/2001, Terminated: 2/14/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by AMERICAN CAPITAL and TRANSCAPITAL (Service: 2/12/01) for Leave to file surreply to defendant's reply in support of motion to compel payment of discovery obligations . Response due: 3/1/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 72 Filed: 2/12/2001, Entered: 2/13/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY by USA to response to [42-1] motion to Dismiss, [42-2] motion for Summary Judgment with respect to FDIC. Service: 1/12/01. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 71 Filed: 2/12/2001, Entered: 2/13/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [64-1] motion For leave to exceed the page limitation (signed by Senior Judge Loren A. Smith). Copy to parties. (FE) Modified on 02/13/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 70 Filed: 2/8/2001, Entered: 2/9/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              REPLY by USA to response to [66-1] motion to Compel Plaintiffs to satisfy discovery payment obligations. Service: 2/8/01. (HW) Modified on 02/13/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 69 Filed: 1/31/2001, Entered: 2/1/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE by AMERICAN CAPITAL and TRANSCAPITAL (Service: 1/31/01) to [66-1] motion to Compel Plaintiffs to satisfy payment obligations. Reply due: 2/12/01. (FE) Modified on 02/13/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 68 Filed: 1/24/2001, Entered: 1/25/2001 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER re: Each parties' counsel shall confer and discuss the merit of this case (signed by Judge Robert H. Hodges). Copy to parties. (FE) Modified on 02/13/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 67 Filed: 1/17/2001, Entered: 1/17/2001, Terminated: 2/13/2001 Motion to Compel
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by USA (Service by hand : 1/17/01 ) to Compel Plaintiffs to satisfy discovery payment obligations . Response due: 1/31/01 (AB) Modified on 02/13/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 66 Filed: 1/16/2001, Entered: 2/13/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE by USA (Service: 1/16/01 ) to [63-1] cross motion. Reply due: 2/12/01. (HW) Modified on 02/13/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 65 Filed: 1/16/2001, Entered: 1/17/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        REPLY by AMERICAN CAPITAL, TRANSCAPITAL to response to [46-1] motion for Summary Judgment as to liability . Service: 1/16/01 (DS) Modified on 01/17/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 64 Filed: 1/12/2001, Entered: 1/17/2001, Terminated: 2/12/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service : 1/12/01 ) For leave to exceed the page limitation re:reply brief. (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 63 Filed: 1/12/2001, Entered: 1/17/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CROSS MOTION for partial summary judgment on the issue of the Government's Authority to Contract by AMERICAN CAPITAL, TRANSCAPITAL ( Service: 12/18/00 ) and RESPONSE to [43-1] motion to Dismiss by USA filed [by leave of the judge]. (DS) Modified on 01/17/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 62 Filed: 1/12/2001, Entered: 1/12/2001 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE with separate Appendix (Filed by leave of the Judge) by FDIC (Service: 12/18/00) to [42-1] motion to Dismiss, [42-2] motion for Summary Judgment with respect to FDIC. Reply due: 1/16/01. (FE) Modified on 01/17/2001
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 61 Filed: 1/10/2001, Entered: 1/10/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY by FDIC to response to [50-1] motion for Partial Summary Judgment on Liability. Service: 1/10/01. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 60 Filed: 12/18/2000, Entered: 12/20/2000 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE by USA (Service: 12/18/00 ) to [46-1] motion for Summary Judgment as to liability. (1 Separate Volume of Appendix) Reply due: 1/16/01 (JT) Modified on 01/17/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 59 Filed: 12/18/2000, Entered: 12/20/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 12/18/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 58 Filed: 12/18/2000, Entered: 12/20/2000 Statement of Genuine Issues
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      STATEMENT OF GENUINE ISSUES by USA. Service: 12/18/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 57 Filed: 12/18/2000, Entered: 12/20/2000 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE by AMERICAN CAPITAL, TRANSCAPITAL (Service: 12/18/00 ) to [44-1] motion to Dismiss American Ranger, Inc. - [member case - 95-529 C]. Reply due: 1/4/01. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 56 Filed: 12/13/2000, Entered: 12/14/2000 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by USA (Service: 12/13/00 ) to [50-1] motion for Partial Summary Judgment on Liability. (1 Separate Volume of Appendix) Reply due: 1/7/01 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 55 Filed: 12/13/2000, Entered: 12/14/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 12/13/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 54 Filed: 12/13/2000, Entered: 12/14/2000 Statement of Genuine Issues
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STATEMENT OF GENUINE ISSUES by USA. Service: 12/13/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 53 Filed: 10/26/2000, Entered: 10/27/2000 Affidavit
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                AFFIDAVIT of Jack D. Burstein by AMERICAN CAPITAL, TRANSCAPITAL. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 52 Filed: 10/26/2000, Entered: 10/27/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [48-1] motion for Leave to File original Affidavit of Jack D. Burstein. ( signed by Senior Judge Loren A. Smith ) Copy to parties. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 51 Filed: 10/20/2000, Entered: 10/25/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    PROPOSED FINDINGS of Uncontroverted Fact by FDIC filed [by leave of the judge]. (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 50 Filed: 10/20/2000, Entered: 10/25/2000, Terminated: 4/16/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by FDIC (Service : ) for Partial Summary Judgment on Liability , together with a separate volume of appendix, filed [by leave of the judge]. Response due: ? (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 49 Filed: 10/20/2000, Entered: 10/25/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER filing FDIC's motion for partial summary judgment, etc. by leave of the judge; and directing FDIC to file copies of the certificates of service by 10/27/00 , with defendant's time to respond to run from the service date, which shall be no later than October 27, 2000, in the event that FDIC failed to serve the filings on opposing counsel. ( signed by Senior Judge Loren A. Smith ) Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 48 Filed: 10/17/2000, Entered: 10/19/2000, Terminated: 10/26/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by AMERICAN CAPITAL, TRANSCAPITAL (Service : 10/17/00 ) for Leave to File original Affidavit of Jack D. Burstein. Response due: 11/3/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 47 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)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 46 Filed: 10/10/2000, Entered: 10/12/2000, Terminated: 10/31/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by AMERICAN CAPITAL, TRANSCAPITAL (Service : 10/10/00 ) for Summary Judgment as to liability . (1 Separate Volume of Appendix) Response due: 11/29/00 (JT) Modified on 01/17/2001
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 45 Filed: 10/10/2000, Entered: 10/12/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact by AMERICAN CAPITAL, TRANSCAPITAL. Service: 10/10/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 44 Filed: 10/10/2000, Entered: 10/12/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION by USA (Service : 10/10/00 ) to Dismiss American Ranger, Inc. (2 Separate Volumes of Appendix) Response due: 11/29/00 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 43 Filed: 10/10/2000, Entered: 10/12/2000, Terminated: 6/24/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by USA (Service : 10/10/00 ) to Dismiss. (2 Separate Volumes of Appendix) Response due: 11/29/00 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 42 Filed: 10/10/2000, Entered: 10/11/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      PARTIAL MOTION by USA (Service: 11/10/00) to Dismiss and for Summary Judgment with respect to FDIC , filed with a two (2) volume appendix. Response due: 11/29/00. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 41 Filed: 9/25/2000, Entered: 9/27/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by USA (Service : 9/25/00 ) For leave to exceed the page limitation. (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 40 Filed: 7/24/2000, Entered: 7/27/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by AMERICAN CAPITAL, TRANSCAPITAL (Service : 7/24/00 ) to take two depositions outside of the fact discovery schedule. Response due: 8/10/00 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 39 Filed: 9/22/1999, Entered: 9/28/1999 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ANSWER to Complaint by USA. (re: FDIC's Complaint) Service: 9/22/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 38 Filed: 9/22/1999, Entered: 9/28/1999 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ANSWER to Complaint by USA. Service: 9/22/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 37 Filed: 9/22/1999, Entered: 9/28/1999 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ANSWER to FDIC's Complaint by USA. (Re: American Ranger v. U.S.) Service: 9/22/99 (JT) Modified on 09/28/1999
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 36 Filed: 9/22/1999, Entered: 9/28/1999 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ANSWER to Complaint by USA. (Re: American Ranger v. U.S.) Service: 9/22/99 (JT) Modified on 09/28/1999
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 35 Filed: 9/10/1999, Entered: 9/14/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by FDIC (Service : 9/10/99 ) to substitute attorney (consented) Terminated attorney Tina Ann Lamoreaux for FDIC Added John Morris Dorsey III. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 34 Filed: 8/13/1999, Entered: 8/16/1999 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of filing "Amended Notice of Appearance" by USA. Service: 8/13/99. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 33 Filed: 8/2/1999, Entered: 8/3/1999 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        NOTICE of Attorney Appearance for USA by Jane Margaret Ellen Peterson. Service : 8/2/99 (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 32 Filed: 1/27/1999, Entered: 2/4/1999 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [27-1] motion to Consolidate this case with No. 95-529C ( signed by Chief Judge Loren A. Smith ) Copy to parties. (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 1/27/1999, Entered: 2/4/1999 Set/Clear Flags
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Consolidated Lead Case (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 31 Filed: 1/6/1999, Entered: 1/11/1999 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of change of address by Charles J. Cooper. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 30 Filed: 3/11/1998, Entered: 3/12/1998 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of change of address by Tina Ann Lamoreaux. (HW)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 29 Filed: 2/20/1998, Entered: 2/23/1998 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY by FDIC to response to [27-1] motion to Consolidate this case with No. 95-529C filed [by leave of the judge]. Service: 2/5/98 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 28 Filed: 2/20/1998, Entered: 2/23/1998 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE by USA (Service: 1/26/98 ) to [27-1] motion to Consolidate this case with No. 95-529C filed [by leave of the judge]. Reply due: 3/3/98 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 27 Filed: 2/20/1998, Entered: 2/23/1998, Terminated: 1/27/1999 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by FDIC to Consolidate this case with No. 95-529C filed [by leave of the judge]. Response due: 3/6/98 (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 26 Filed: 2/20/1998, Entered: 2/23/1998 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting [24-1] motion for Leave to File Motion to Consolidate (95-529C); directing the Clerk to file any filings received bearing both case captions under Case No. 95-523C, with any such filings to be noted on the docket in No. 95-529C; and directing the parties to serve filings on attorneys of record in both cases. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (DS) Modified on 02/23/1998
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 25 Filed: 1/26/1998, Entered: 1/28/1998 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by AMERICAN CAPITAL, TRANSCAPITAL (Service: 1/26/98 ) to [24-1] motion for Leave to File Motion to Consolidate (95-529C). Reply due: 1/26/98 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 24 Filed: 1/7/1998, Entered: 1/14/1998, Terminated: 2/20/1998 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by FDIC (Service : 1/7/98 ) for Leave to File Motion to Consolidate (95-529C) . Response due: 1/26/98 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 22 Filed: 4/15/1997, Entered: 4/29/1997 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              FIRST AMENDED COMPLAINT by AMERICAN CAPITAL and TRANSCAPITAL (Answer due 4/28/97) amending the [1-1] complaint. Service: 4/15/97. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 21 Filed: 3/25/1997, Entered: 4/1/1997 Intervenor Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Intervenor's COMPLAINT by FDIC against USA. Service: 3/25/97. Fee Not Required ( Answer due 5/27/97 ) (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 20 Filed: 10/8/1996, Entered: 10/9/1996 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Attorney Appearance for USA by Colleen Ann Conry Service: 10/8/96 (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 19 Filed: 9/26/1996, Entered: 10/4/1996 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE of change of address by Charles J. Cooper (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 18 Filed: 8/28/1996, Entered: 9/3/1996 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 17 Filed: 8/23/1996, Entered: 8/28/1996 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting [16-1] motion for Leave to File attached proposed pretrial order (signed by Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 16 Filed: 8/16/1996, Entered: 8/20/1996, Terminated: 8/23/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service : 8/16/96 ) for Leave to File attached proposed pretrial order. Response due: 9/3/96 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 15 Filed: 7/26/1996, Entered: 7/30/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by USA (Service : 7/26/96) for Leave to File motion to adopt special case management procedures . Response due: 8/12/96 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 14 Filed: 7/11/1996, Entered: 7/15/1996 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STATUS REPORT by AMERICAN CAPITAL, TRANSCAPITAL and USA. Service: 7/11/96. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 13 Filed: 6/25/1996, Entered: 7/1/1996 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Attorney Appearance for USA by Gerald Mark Alexander. Service : 6/25/96 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 12 Filed: 6/25/1996, Entered: 6/28/1996 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of change of address (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 11 Filed: 6/4/1996, Entered: 6/6/1996 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER addressing recent ruling in Winstar related cases and reminding parties all previously set reporting requirements remain in effect in this case (signed by Judge Marian Blank Horn). Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 10 Filed: 5/8/1996, Entered: 5/13/1996 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE by AMERICAN CAPITAL, TRANSCAPITAL (Service: 5/8/96 ) to [9-1] motion for Leave to File a copy of the motion to adopt special case management procedures. Reply due: 5/20/96 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 9 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 8 Filed: 3/20/1996, Entered: 3/26/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service : 3/20/96 ) for Leave to File notice and declaration re: certain documents that may be relevant to this action . Response due: 4/8/96 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 7 Filed: 11/29/1995, Entered: 12/5/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [5-1] relief Staying case pending decision by the Department of Justice (signed by Judge Marian B. Horn) Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 6 Filed: 11/27/1995, Entered: 11/30/1995 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              STATUS REPORT by USA. Service: 11/27/95 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 5 Filed: 9/11/1995, Entered: 9/15/1995, Terminated: 11/29/1995 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER Staying case pending decision by the Department of Justice . The defendant shall file a status report informing within five days of filing of an application for certiorari or within five days from expiration of the time for appeal . Parties are directed to file a Joint Status Report by deadline of 11/27/95 ( signed by Judge Marian B. Horn ) Copy to parties. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 4 Filed: 8/29/1995, Entered: 9/11/1995 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION by USA (Service: 8/29/95) to Stay proceedings pending decision in Winstar . (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 3 Filed: 8/28/1995, Entered: 8/29/1995 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE of Attorney Appearance for USA by Dean Lawrence Grayson Service : 8/28/95 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 2 Filed: 8/8/1995, Entered: 8/11/1995 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Notice of assignment to Judge Marian B. Horn. Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 1 Filed: 8/8/1995, Entered: 8/11/1995 Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        COMPLAINT, FILING FEE $120, RECEIPT #39867. Answer due on 10/10/95. (FE)
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