HOLLAND, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:95-cv-00524-GWM
District Judge George W. Miller, presiding

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No Logo FIRST BANK MO, Plaintiff

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space David Block Bergman +1 202 942 5474 +1 202 942 5999 david_bergman@aporter.com
No Logo First Banks Inc., Plaintiff
Unknown Role, BANCTEXAS GROUP INC
Unknown Role, Dierberg Four Lp

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space David Block Bergman +1 202 942 5474 +1 202 942 5999 david_bergman@aporter.com
No Logo HOMER J. HOLLAND, Plaintiff

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space David Block Bergman +1 202 942 5474 +1 202 942 5999 david_bergman@aporter.com
No Logo STEVEN BANGERT, Plaintiff

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space David Block Bergman +1 202 942 5474 +1 202 942 5999 david_bergman@aporter.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space John Hugh Roberson +1 202 353 7972 +1 202 514 8640 john.roberson@usdoj.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
County
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Pending Status TrlHeld
Flag ECF
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Legal Document 482 Filed: 9/8/2008, Entered: 9/8/2008 Court Filing
STATUS CONFERENCE ORDER: Status Conference set for 9/26/2008 10:00 AM in Chambers (Telephonic) before Judge George W. Miller. Signed by Judge George W. Miller. (jb2)
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    Legal Document 481 Filed: 9/5/2008, Entered: 9/5/2008 Court Filing
    SCHEDULING ORDER: Joint Status Report due by 9/19/2008. Status Conference set for 9/24/2008 10:00 AM in Chambers (Telephonic) before Judge George W. Miller. Signed by Judge George W. Miller. (jb2)
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      Legal Document 480 Filed: 8/27/2008, Entered: 8/27/2008 Court Filing
      ERRATUM ORDER re [479] Published Opinion. Signed by Judge George W. Miller. (ck)
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        Legal Document 479 Filed: 8/26/2008, Entered: 8/26/2008 Court Filing
        PUBLISHED OPINION setting amount of damages award on plaintiffs' claim. The Court will contact the parties shortly to schedule proceedings on defendant's counterclaim and will direct the entry of a final judgment once those proceedings have concluded. Signed by Judge George W. Miller. (ck)
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          Legal Document 478 Filed: 6/2/2008, Entered: 6/3/2008 Transcript - Cumulative Index
          Cumulative Index for TRANSCRIPT of Proceedings held on December 3, 2007 through February 5, 2008 in Washington, DC. Filed with plaintiff and defendant exhibits. (dw1)
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            Legal Document 477 Filed: 4/17/2008, Entered: 4/17/2008
            RESPONSE to [476] Notice of Additional Authority, filed by USA. (Todor, John)
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              Legal Document 476 Filed: 3/27/2008, Entered: 3/27/2008
              NOTICE of Additional Authority -- Fifth Third, American Savings, and First Federal Lincoln (Johnson, Michael)
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                Legal Document 475 Filed: 2/21/2008, Entered: 2/21/2008
                Exhibit List Joint List of Exhibits Admitted Into Evidence, filed by USA. (Roberson, John)
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                  Legal Document 474 Filed: 2/6/2008, Entered: 2/7/2008 TranscriptCourt Filing
                  TRANSCRIPT of Proceedings (pages 6077-6321) held on February 5, 2008 before Judge George W. Miller. (dw1)
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                    Legal Document 473 Filed: 1/28/2008, Entered: 1/28/2008
                    NOTICE, filed by USA Defendant's Outline Of Its Opposition To Plaintiffs' Claims For Damages (Roberson, John)
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                      Legal Document 472 Filed: 1/23/2008, Entered: 1/23/2008
                      NOTICE, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT Plaintiffs' Outline Pursuant to this Court's Order of January 18, 2008 (Wilson, Joshua)
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                        Legal Document 471 Filed: 1/22/2008, Entered: 1/23/2008 TranscriptCourt Filing
                        TRANSCRIPT of Proceedings (pages 5066-6076) held on January 14, 2008 through January 18, 2008 before Judge George W. Miller. (dw1)
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                          Legal Document 470 Filed: 1/22/2008, Entered: 1/22/2008
                          NOTICE, filed by USA Defendant's Notice of Filing of Offer of Proof (Roberson, John)
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                            Legal Document 469 Filed: 1/18/2008, Entered: 1/18/2008 Court Filing
                            SCHEDULING ORDER: Outline of plaintiffs' points for closing argument due by 1/23/2008, Outline of defendant's points for closing argument due by 1/28/2008, Closing Argument set for 2/5/2008 at 9:30 AM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (ck)
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                              Legal Document 468 Filed: 1/15/2008, Entered: 1/15/2008 Court Filing
                              TRANSCRIPT of Proceedings (pages 4205-5065) held on January 7, 2008 through January 11, 2008 before Judge George W. Miller. (dw1)
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                                Legal Document 467 Filed: 1/8/2008, Entered: 1/8/2008
                                MOTION Joint Stipulation for the Introduction of Transcript Designations From the Deposition of Susan Vranes Ells, filed by USA.Response due by 1/25/2008.(Roberson, John)
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                                  Legal Document 466 Filed: 1/8/2008, Entered: 1/8/2008
                                  MOTION Joint Stipulation for the Introduction of Transcript Designations From the Deposition of Richard J. Dalton, filed by USA.Response due by 1/25/2008.(Roberson, John)
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                                    Legal Document 465 Filed: 1/7/2008, Entered: 1/8/2008 TranscriptCourt Filing
                                    TRANSCRIPT of Proceedings (pages 3886-4204) held on January 3, 2008 through January 4, 2008 before Judge George W. Miller. (dw1)
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                                      Legal Document 464 Filed: 1/4/2008, Entered: 1/4/2008
                                      MOTION Introduce Deposition Testimony of Allen H. Blake at Trial, filed by USA.Response due by 1/22/2008.(Roberson, John)
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                                        Legal Document 463 Filed: 1/4/2008, Entered: 1/4/2008
                                        STIPULATION For The Introduction Of Documents At Trial, filed by USA. (Todor, John)
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                                          Legal Document 462 Filed: 12/26/2007, Entered: 12/26/2007 Court Filing
                                          TRANSCRIPT of Proceedings (pages 2763-3885) held on December 17, 2007 through December 21, 2007 before Judge George W. Miller. (dw1)
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                                            Legal Document 461 Filed: 12/18/2007, Entered: 12/18/2007
                                            STIPULATION (Joint Stipulation for the Introduction of Documents at Trial), filed by USA. (Roberson, John)
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                                              Legal Document 460 Filed: 12/17/2007, Entered: 12/17/2007
                                              MOTION for Judgment on Partial Findings, filed by USA.Response due by 1/17/2008.(Todor, John)
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                                                Legal Document 459 Filed: 12/17/2007, Entered: 12/17/2007 Court Filing
                                                TRANSCRIPT of Proceedings (pages 1485-2762) held on December 10, 2007 through December 14, 2007 before Judge George W. Miller. (dw1)
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                                                  Legal Document 458 Filed: 12/10/2007, Entered: 12/11/2007 TranscriptCourt Filing
                                                  TRANSCRIPT of Proceedings held on December 7, 2007, in Washington, D.C., before Judge George W. Miller. One volume, Pages 1220 through 1484. (hw1, ) (hw1, )
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                                                    Legal Document 457 Filed: 12/10/2007, Entered: 12/11/2007 TranscriptCourt Filing
                                                    TRANSCRIPT of Proceedings held on December 6, 2007, in Washington, D.C., before Judge George W. Miller. One volume, Pages 937 through 1219. (hw1, )
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                                                      Legal Document 456 Filed: 12/10/2007, Entered: 12/11/2007 TranscriptCourt Filing
                                                      TRANSCRIPT of Proceedings held on December 5, 2007, in Washington, D.C., before Judge George W. Miller. One volume, Pages 599 through 936. (hw1, )
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                                                        Legal Document 455 Filed: 12/10/2007, Entered: 12/11/2007 TranscriptCourt Filing
                                                        TRANSCRIPT of Proceedings held on December 4, 2007, in Washington, D.C., before Judge George W. Miller. One volume, Pages 299 through 598. (hw1, )
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                                                          Legal Document 454 Filed: 12/10/2007, Entered: 12/11/2007 TranscriptCourt Filing
                                                          TRANSCRIPT of Proceedings held on December 3, 2007, in Washington, D.C., before Judge George W. Miller. One volume, Pages 1 through 298. (hw1, )
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                                                            Legal Document 453 Filed: 12/10/2007, Entered: 12/10/2007
                                                            MOTION in Limine To STrike Lost-Profits Demonstratives And To Preclude Expert Testimony, filed by USA.Response due by 12/27/2007. (Attachments: # (1) Exhbiit A)(Todor, John)
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                                                              Legal Document 452 Filed: 12/5/2007, Entered: 12/5/2007
                                                              RESPONSE to [446] Motion to Quash, Trial Subpoena Directed at Mark Kipnis, filed by USA. (Attachments: # (1) Exhibit A-D# (2) Exhibit E-G# (3) Exhibit H# (4) Exhibit I-R# (5) Exhibit S-U)(Tantum, Amanda)
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                                                                Legal Document 450 Filed: 12/4/2007, Entered: 12/4/2007
                                                                NOTICE, filed by USA (Defendant's Order of Witnesses) (Roberson, John)
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                                                                  Legal Document 451 Filed: 12/3/2007, Entered: 12/4/2007 TranscriptCourt Filing
                                                                  TRANSCRIPT of Proceedings (pages 1-59) held on November 29, 2007 before Judge George W. Miller. (dw1)
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                                                                    Legal Document 449 Filed: 11/29/2007, Entered: 11/29/2007 Court Filing
                                                                    PRETRIAL ORDER regarding matters addressed and decided during final pretrial conference on November 29, 2007. Signed by Judge George W. Miller. (ck)
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                                                                      Legal Document 448 Filed: 11/29/2007, Entered: 11/29/2007
                                                                      STATUS REPORT Statement Concerning Expected Order of Witnesses and Duration of Testimony, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT. (Wilson, Joshua)
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                                                                        Legal Document 447 Filed: 11/29/2007, Entered: 11/29/2007 Court Filing
                                                                        ORDER regarding admission and reading of deposition transcript excerpts. Signed by Judge George W. Miller. (ck)
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                                                                          Legal Document 446 Filed: 11/28/2007, Entered: 11/28/2007
                                                                          MOTION to Quash Trial Subpoena Directed at Mark Kipnis, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 12/17/2007. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3)(Wilson, Joshua)
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                                                                            Legal Document 445 Filed: 11/28/2007, Entered: 11/28/2007
                                                                            RESPONSE to Defendant's Motion to Submit New Deposition Designations, filed by HOMER J. HOLLAND, FIRST BANKS, INC., FIRST BANK MO, STEVEN BANGERT.Reply due by 12/10/2007. (Johnson, Michael)
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                                                                              Legal Document 444 Filed: 11/27/2007, Entered: 11/27/2007
                                                                              MOTION to Amend/Correct Plaintiffs' Corrected Exhibit List and Motion for Leave to Correct Plaintiffs' Summary Exhibit 1171, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 12/14/2007. (Attachments: # (1) Supplement Plaintiffs' Corrected Exhibit List# (2) Exhibit 1)(Wilson, Joshua)
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                                                                                Legal Document 443 Filed: 11/26/2007, Entered: 11/26/2007
                                                                                MOTION to Amend/Correct [425] MOTION to Introduce at Trial the Deposition Testimony of Plaintiffs' Experts Homer J. Holland, Neil B. Murphy, and S. Lynn Stokes (Defendant's Motion for Leave to File Corrected Deposition Transcript Designations for the Deposition of Homer J. Holland Dated June 27, 2007), filed by USA.Response due by 12/13/2007. (Attachments: # (1) # (2))(Roberson, John)
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                                                                                  Legal Document 442 Filed: 11/21/2007, Entered: 11/21/2007
                                                                                  REPLY to Response to Motion re [423] MOTION in Limine to Exclude From Evidence Full Deposition Transcripts and Hearsay Declarations listed on Defendant's Exhibit List, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT. (Attachments: # (1) Exhibit 1)(Wilson, Joshua)
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                                                                                    Legal Document 441 Filed: 11/21/2007, Entered: 11/21/2007
                                                                                    REPLY to Response to Motion re [422] MOTION in Limine to Preclude Admission of Nicholas Wilson Declaration, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT. (Wilson, Joshua)
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                                                                                      Legal Document 440 Filed: 11/21/2007, Entered: 11/21/2007
                                                                                      REPLY to Response to Motion re [417] MOTION in Limine to Preclude Expert Testimony Related to Three Undisclosed Damages Theories, filed by USA. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7))(Roberson, John)
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                                                                                        Legal Document 439 Filed: 11/21/2007, Entered: 11/21/2007
                                                                                        REPLY to Response to Motion re [418] MOTION in Limine to Exclude the Testimony of Dr. Neil Murphy Relating to Plaintiffs' New Damage Claim, filed by USA. (Roberson, John)
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                                                                                          Legal Document 438 Filed: 11/21/2007, Entered: 11/21/2007
                                                                                          REPLY to Response to Motion re [421] MOTION in Limine To Preclude All Evidence Based Upon Any Lost Profits Claim, filed by USA. (Todor, John)
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                                                                                            Legal Document 437 Filed: 11/20/2007, Entered: 11/20/2007
                                                                                            RESPONSE to [425] MOTION to Introduce at Trial the Deposition Testimony of Plaintiffs' Experts Homer J. Holland, Neil B. Murphy, and S. Lynn Stokes (Objections and Counter-Designations), filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Reply due by 12/6/2007. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4)(Wilson, Joshua)
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                                                                                              Legal Document 436 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                              RESPONSE to [417] MOTION in Limine to Preclude Expert Testimony Related to Three Undisclosed Damages Theories, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Reply due by 11/30/2007. (Wilson, Joshua)
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                                                                                                Legal Document 435 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                                RESPONSE to [418] MOTION in Limine to Exclude the Testimony of Dr. Neil Murphy Relating to Plaintiffs' New Damage Claim, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Reply due by 11/30/2007. (Wilson, Joshua)
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                                                                                                  Legal Document 434 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                                  RESPONSE to [421] MOTION in Limine To Preclude All Evidence Based Upon Any Lost Profits Claim, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Reply due by 11/30/2007. (Attachments: # (1) Exhibit 1)(Wilson, Joshua)
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                                                                                                    Legal Document 433 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                                    STIPULATION Supplemental Joint Stipulation of Facts, filed by USA. (Roberson, John)
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                                                                                                      Legal Document 432 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                                      REPLY to Response to Motion re [411] MOTION for Leave to File Defendant's Counter-Designations and Objections to Plaintiffs' Designations of Deposition Transcripts and Motion to Introduce Deposition Testimony at Trial , Defendant's Objections to Plaintiffs' Counter-designations to Defendant's Fact Witness Deposition Designations, filed by USA. (Tantum, Amanda)
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                                                                                                        Legal Document 431 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                                        RESPONSE to [423] Motion in Limine, to Exclude from Trial the Deposition Transcripts and Hearsay Declarations that Defendant Intends to Present as Substantive Evidence, filed by USA. (Tantum, Amanda)
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                                                                                                          Legal Document 430 Filed: 11/15/2007, Entered: 11/15/2007
                                                                                                          RESPONSE to [422] MOTION in Limine to Preclude Admission of Nicholas Wilson Declaration, filed by USA.Reply due by 11/30/2007. (Mizoguchi, Brian)
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                                                                                                            Legal Document 429 Filed: 11/9/2007, Entered: 11/9/2007 Court Filing
                                                                                                            ORDER granting [413] Motion for Leave to Take Deposition of Philip Gerbick. Signed by Judge George W. Miller. (ck)
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                                                                                                              Legal Document 428 Filed: 11/9/2007, Entered: 11/9/2007
                                                                                                              RESPONSE to [411] MOTION for Leave to File Defendant's Counter-Designations and Objections to Plaintiffs' Designations of Deposition Transcripts and Motion to Introduce Deposition Testimony at Trial Plaintiffs Objections and Counter Designations to Defendant's Fact Witness Deposition Designations, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Reply due by 11/26/2007. (Attachments: # (1) Exhibit 1# (2) Exhibit 2# (3) Exhibit 3# (4) Exhibit 4# (5) Exhibit 5# (6) Exhibit 6# (7) Exhibit 7# (8) Exhibit 8)(Wilson, Joshua)
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                                                                                                                Legal Document 427 Filed: 11/8/2007, Entered: 11/8/2007
                                                                                                                REPLY to Response to Motion re [413] MOTION Leave to Take the Deposition of Philip Gerbick, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT. (Wilson, Joshua)
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                                                                                                                  Legal Document 426 Filed: 11/8/2007, Entered: 11/8/2007
                                                                                                                  RESPONSE to [413] MOTION Leave to Take the Deposition of Philip Gerbick (Opposition to Motion), filed by USA.Reply due by 11/23/2007. (Attachments: # (1) # (2))(Roberson, John)
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                                                                                                                    Legal Document 425 Filed: 11/7/2007, Entered: 11/7/2007
                                                                                                                    MOTION to Introduce at Trial the Deposition Testimony of Plaintiffs' Experts Homer J. Holland, Neil B. Murphy, and S. Lynn Stokes, filed by USA.Response due by 11/26/2007. (Attachments: # (1) Exhibit # (2) Exhibit # (3) Exhibit)(Tantum, Amanda)
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                                                                                                                      Legal Document 424 Filed: 11/6/2007, Entered: 11/6/2007 Court Filing
                                                                                                                      ORDER denying [415] Motion in Limine. Signed by Judge George W. Miller. (ck)
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                                                                                                                        Legal Document 423 Filed: 11/5/2007, Entered: 11/5/2007
                                                                                                                        MOTION in Limine to Exclude From Evidence Full Deposition Transcripts and Hearsay Declarations listed on Defendant's Exhibit List, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 11/23/2007.(Wilson, Joshua)
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                                                                                                                          Legal Document 422 Filed: 11/5/2007, Entered: 11/5/2007
                                                                                                                          MOTION in Limine to Preclude Admission of Nicholas Wilson Declaration, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 11/23/2007. (Attachments: # (1) Exhibit A# (2) Exhibit B)(Wilson, Joshua)
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                                                                                                                            Legal Document 421 Filed: 11/5/2007, Entered: 11/5/2007
                                                                                                                            MOTION in Limine To Preclude All Evidence Based Upon Any Lost Profits Claim, filed by USA.Response due by 11/23/2007.(Todor, John)
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                                                                                                                              Legal Document 420 Filed: 11/5/2007, Entered: 11/5/2007
                                                                                                                              Objection to Exhibit List, filed by USA. Related document: [361] Order on Motion for Extension of Time to File.(Holt, Elizabeth)
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                                                                                                                                Legal Document 419 Filed: 11/5/2007, Entered: 11/5/2007
                                                                                                                                RESPONSE to [415] Motion in Limine, to Preclude Defendant from Calling at Trial Any Witnesses for Whom Defendant Has Designated Deposition Excerpts, Specifically Allen Blake, Homer J. Holland, Larry Kenny, Diana Januska, Larry Ferries, Ronald Karr, and Paul Griffin, filed by USA. (Attachments: # (1) Exhibit # (2) Exhibit # (3) Exhibit # (4) Exhibit # (5) Exhibit # (6) Exhibit # (7) Exhibit)(Tantum, Amanda)
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                                                                                                                                  Legal Document 418 Filed: 11/5/2007, Entered: 11/5/2007
                                                                                                                                  MOTION in Limine to Exclude the Testimony of Dr. Neil Murphy Relating to Plaintiffs' New Damage Claim, filed by USA.Response due by 11/23/2007.(Roberson, John)
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                                                                                                                                    Legal Document 417 Filed: 11/2/2007, Entered: 11/2/2007
                                                                                                                                    MOTION in Limine to Preclude Expert Testimony Related to Three Undisclosed Damages Theories, filed by USA.Response due by 11/19/2007. (Attachments: # (1) Exhibit)(Tantum, Amanda)
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                                                                                                                                      Legal Document 416 Filed: 11/1/2007, Entered: 11/1/2007 Court Filing
                                                                                                                                      SCHEDULING ORDER: Defendant's Response to plaintiffs' motion in limine due by 12:00 noon on 11/6/2007. Hearing set for 11/6/2007 at 3:00 PM in Chambers (Telephonic) before Judge George W. Miller. Other deadlines modified as indicated in order. Signed by Judge George W. Miller. (ck)
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                                                                                                                                        Legal Document 415 Filed: 10/31/2007, Entered: 10/31/2007, Terminated: 11/6/2007 Motion in Limine
                                                                                                                                        MOTION in Limine to Preclude Defendant From Calling At Trial Any Witnesses For Whom Defendant Has Designated Deposition Excerpts In Lieu of Live Testimony, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 11/19/2007.(Wilson, Joshua)
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                                                                                                                                          Legal Document 414 Filed: 10/31/2007, Entered: 10/31/2007 Court Filing
                                                                                                                                          ORDER setting deadline for defendant to file opposition to plaintiffs' motion for leave to depose Philip Gerbick. Defendant's opposition due by 5:00 p.m. on 11/8/2007. Signed by Judge George W. Miller. (ck)
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                                                                                                                                            Legal Document 413 Filed: 10/30/2007, Entered: 10/30/2007, Terminated: 11/9/2007 Motion for Miscellaneous Relief
                                                                                                                                            MOTION Leave to Take the Deposition of Philip Gerbick, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 11/16/2007.(Wilson, Joshua)
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                                                                                                                                              Legal Document 412 Filed: 10/26/2007, Entered: 10/26/2007
                                                                                                                                              Memorandum of Contentions of Fact and Law, filed by USA. (Roberson, John)
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                                                                                                                                                Legal Document 411 Filed: 10/26/2007, Entered: 10/26/2007
                                                                                                                                                MOTION for Leave to File Defendant's Counter-Designations and Objections to Plaintiffs' Designations of Deposition Transcripts and Motion to Introduce Deposition Testimony at Trial, filed by USA.Response due by 11/13/2007. (Attachments: # (1) # (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9))(Tantum, Amanda)
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                                                                                                                                                Legal Document 410 Filed: 10/26/2007, Entered: 10/26/2007
                                                                                                                                                Witness List, filed by USA. (Roberson, John)
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                                                                                                                                                  Legal Document 409 Filed: 10/26/2007, Entered: 10/26/2007 Court Filing
                                                                                                                                                  ORDER requiring courtesy copies of exhibits to which pre-trial objections are made. Courtesy copies of objected-to exhibits due by 11/26/2007. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                    Legal Document 408 Filed: 10/25/2007, Entered: 10/25/2007
                                                                                                                                                    Exhibit List, filed by USA. (Roberson, John)
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                                                                                                                                                      Legal Document 407 Filed: 10/19/2007, Entered: 10/19/2007 Court Filing
                                                                                                                                                      ORDER granting [406] Motion for Authorization of Service of Subpoenas 100+ Miles from Place of Trial. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                        Legal Document 406 Filed: 10/18/2007, Entered: 10/18/2007, Terminated: 10/19/2007 Motion for Authorization of Service 100+ Miles
                                                                                                                                                        MOTION for Authorization of Service 100+ Miles, filed by USA.Response due by 11/5/2007.(Roberson, John)
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                                                                                                                                                          Legal Document 405 Filed: 10/16/2007, Entered: 10/16/2007 Court Filing
                                                                                                                                                          ORDER granting parties' joint request for extension of deadline.Defendant's filings previously due by 10/23/2007 now due by 10/26/2007. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                            Legal Document 404 Filed: 10/12/2007, Entered: 10/12/2007
                                                                                                                                                            Exhibit List Plaintiffs' Supplemental Exhibit List, filed by all plaintiffs. (Attachments: # (1) Exhibit 1 (Exhibit List))(Wilson, Joshua)
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                                                                                                                                                              Legal Document 403 Filed: 10/9/2007, Entered: 10/9/2007
                                                                                                                                                              MOTION Motion to Introduce as Substantive Trial Evidence the Deposition Testimony of Defendant's Expert Paul A. Griffin re [400] Order on Motion for Miscellaneous Relief, filed by HOMER J. HOLLAND, FIRST BANKS, INC., FIRST BANK MO, STEVEN BANGERT.Response due by 10/26/2007. (Attachments: # (1) Exhibit 1)(Wilson, Joshua)
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                                                                                                                                                                Legal Document 402 Filed: 10/5/2007, Entered: 10/5/2007 Court Filing
                                                                                                                                                                ORDER supplementing [400] Order granting Motion to Introduce Deposition Excerpts at Trial. Defendant's objections to plaintiffs' counter-designations due by 11/19/2007. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                  Legal Document 401 Filed: 10/5/2007, Entered: 10/5/2007 Court Filing
                                                                                                                                                                  ORDER directing parties to confer regarding a comprehensive stipulation of facts. Stipulation due by 11/15/2007. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                    Legal Document 400 Filed: 10/5/2007, Entered: 10/5/2007 Court Filing
                                                                                                                                                                    ORDER granting [389] Motion to Introduce Deposition Excerpts at Trial, subject to provisions discussed in order. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                      Legal Document 399 Filed: 10/5/2007, Entered: 10/5/2007 Court Filing
                                                                                                                                                                      ORDER granting [397] Motion for Reconsideration and vacating [387] order dividing time for trial presentations. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                        Legal Document 398 Filed: 10/5/2007, Entered: 10/5/2007 Court Filing
                                                                                                                                                                        ORDER granting [395] Motion in Limine Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                          Legal Document 397 Filed: 10/3/2007, Entered: 10/3/2007, Terminated: 10/5/2007 Motion for Reconsideration
                                                                                                                                                                          MOTION for Reconsideration re [387] Order Allocating Trial Time, filed by HOMER J. HOLLAND, FIRST BANKS, INC., FIRST BANK MO, STEVEN BANGERT.Response due by 10/22/2007.(Wilson, Joshua)
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                                                                                                                                                                            Legal Document 396 Filed: 10/3/2007, Entered: 10/3/2007
                                                                                                                                                                            REPLY to Response to Motion re [389] MOTION Introduce Deposition Testimony at Trial, filed by HOMER J. HOLLAND, FIRST BANKS, INC., FIRST BANK MO, STEVEN BANGERT. (Wilson, Joshua)
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                                                                                                                                                                              Legal Document 395 Filed: 10/2/2007, Entered: 10/2/2007, Terminated: 10/5/2007 Motion in Limine
                                                                                                                                                                              MOTION in Limine, filed by USA.Response due by 10/19/2007.(Mizoguchi, Brian)
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                                                                                                                                                                                Legal Document 394 Filed: 9/28/2007, Entered: 9/28/2007 Court Filing
                                                                                                                                                                                STATUS CONFERENCE ORDER: Status Conference set for 10/5/2007 at 8:30 AM in Chambers (Telephonic) before Judge George W. Miller. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                                  Legal Document 393 Filed: 9/28/2007, Entered: 9/28/2007
                                                                                                                                                                                  RESPONSE to [389] MOTION Introduce Deposition Testimony at Trial and Request for Expedited Consideration, filed by USA.Reply due by 10/15/2007. (Tantum, Amanda)
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                                                                                                                                                                                    Legal Document 392 Filed: 9/27/2007, Entered: 9/27/2007 Court Filing
                                                                                                                                                                                    ORDER regarding delivery of courtesy copies of large filings to chambers. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                                      Legal Document 391 Filed: 9/26/2007, Entered: 9/26/2007
                                                                                                                                                                                      Witness List, filed by all plaintiffs. (Wilson, Joshua)
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                                                                                                                                                                                        Legal Document 390 Filed: 9/26/2007, Entered: 9/26/2007
                                                                                                                                                                                        Exhibit List, filed by all plaintiffs. (Wilson, Joshua)
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                                                                                                                                                                                          Legal Document 389 Filed: 9/25/2007, Entered: 9/25/2007, Terminated: 10/5/2007 Motion for Miscellaneous Relief
                                                                                                                                                                                          MOTION Introduce Deposition Testimony at Trial, filed by HOMER J. HOLLAND, FIRST BANKS, INC., FIRST BANK MO, STEVEN BANGERT.Response due by 10/12/2007. (Attachments: # (1) Exhibit Exhibit 2# (2) Exhibit Exhibit 1# (3) Exhibit Exhibit 3# (4) Exhibit Exhibit 4# (5) Exhibit 5# (6) Exhibit Exhibit 6)(Wilson, Joshua)
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                                                                                                                                                                                          Legal Document 388 Filed: 9/25/2007, Entered: 9/25/2007
                                                                                                                                                                                          Memorandum of Contentions of Fact and Law, filed by all plaintiffs. (Wilson, Joshua)
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                                                                                                                                                                                            Legal Document 387 Filed: 9/20/2007, Entered: 9/20/2007 Court Filing
                                                                                                                                                                                            ORDER dividing time for trial between plaintiffs and defendant. Signed by Judge George W. Miller. (ck)
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                                                                                                                                                                                              Legal Document 386 Filed: 9/17/2007, Entered: 9/17/2007
                                                                                                                                                                                              MEMORANDUM, filed by all plaintiffs. (Johnson, Michael)
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                                                                                                                                                                                                Legal Document 385 Filed: 9/17/2007, Entered: 9/17/2007
                                                                                                                                                                                                NOTICE, filed by USA of Proposed Allocation of Time at Trial (Attachments: # (1))(Roberson, John)
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                                                                                                                                                                                                  Legal Document 384 Filed: 9/11/2007, Entered: 9/11/2007
                                                                                                                                                                                                  NOTICE, filed by all plaintiffs of Filing of Plaintiffs' App. A Para. 13(b) Witness List (Attachments: # (1) Exhibit Plaintiffs' App A Para 13(b) Witness List)(Johnson, Michael)
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                                                                                                                                                                                                    Legal Document 383 Filed: 9/11/2007, Entered: 9/11/2007
                                                                                                                                                                                                    NOTICE, filed by USA Pursuant to the Court's Order Dated September 6, 2007 (Attachments: # (1))(Roberson, John)
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                                                                                                                                                                                                      Legal Document 382 Filed: 9/7/2007, Entered: 9/10/2007 TranscriptCourt Filing
                                                                                                                                                                                                      TRANSCRIPT of Proceedings (pages 1-107) held on September 6, 2007q before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                        Legal Document 381 Filed: 9/6/2007, Entered: 9/6/2007 Court Filing
                                                                                                                                                                                                        PRELIMINARY PRETRIAL ORDERPretrial Conference set for 11/29/2007 at 10:00 AM before Judge George W. Miller, Trial set for 12/3/2007 at 9:30 AM before Judge George W. Miller. Signed by Judge George W. Miller. (ga1)
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                                                                                                                                                                                                          Legal Document 380 Filed: 9/6/2007, Entered: 9/6/2007 Court Filing
                                                                                                                                                                                                          ORDER Regarding Miscellaneous Items from 9/6/2007 Status Conference. Parties shall advise the Court by 9/12/2007 of the outcome of the ordered discussions. Signed by Judge George W. Miller. (ga1)
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                                                                                                                                                                                                            Legal Document 379 Filed: 8/16/2007, Entered: 8/16/2007 Court Filing
                                                                                                                                                                                                            SCHEDULING ORDER:Plaintiffs' deposition of Dr. Thackor to be completed by 9/5/2007. Pretrial Conference set for 9/6/2007 10:00 AM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                              Legal Document 378 Filed: 8/14/2007, Entered: 8/14/2007 Court Filing
                                                                                                                                                                                                              ORDER Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                Legal Document 377 Filed: 5/21/2007, Entered: 5/21/2007 Court Filing
                                                                                                                                                                                                                ORDER granting [376] Motion for stipulated order. Signed by Judge George W. Miller. (ga1) .
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                                                                                                                                                                                                                  Legal Document 376 Filed: 5/17/2007, Entered: 5/21/2007, Terminated: 5/21/2007 Terminated:
                                                                                                                                                                                                                  JOINT MOTION for a "Stipulated Order Concerning Application of Amended Master Protective Order to Certain Documents," filed by HOMER J. HOLLAND, USA, FIRST BANKS, INC., FIRST BANK MO, and STEVEN BANGERT. Service: 5/17/2007.(hw1, )
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                                                                                                                                                                                                                    Legal Document 375 Filed: 5/17/2007, Entered: 5/17/2007
                                                                                                                                                                                                                    NOTICE, filed by USA re [374] Order on Motion to Amend Pleadings - Rule 15(b), [265] Second Amended Complaint Defendant's Amended Answer (with counterclaims) to Plaintiffs' Third Amended Complaint (Holt, Elizabeth)
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                                                                                                                                                                                                                      Legal Document 374 Filed: 5/15/2007, Entered: 5/15/2007 Court Filing
                                                                                                                                                                                                                      ORDER granting [369] Motion to Amend Pleadings - Rule 15(b) Amended Pleadings due by 5/18/2007. Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                        Legal Document 373 Filed: 5/11/2007, Entered: 5/11/2007
                                                                                                                                                                                                                        MOTION for Leave to File Surreply, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Response due by 5/29/2007.(Wilson, Joshua)
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                                                                                                                                                                                                                          Legal Document 372 Filed: 5/10/2007, Entered: 5/10/2007
                                                                                                                                                                                                                          REPLY to Response to Motion re [369] MOTION to Amend Pleadings - Rule 15, filed by USA. (Holt, Elizabeth)
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                                                                                                                                                                                                                            Legal Document 371 Filed: 5/3/2007, Entered: 5/3/2007
                                                                                                                                                                                                                            RESPONSE to [369] MOTION to Amend Pleadings - Rule 15, filed by HOMER J. HOLLAND, FIRST BANK MO, STEVEN BANGERT.Reply due by 5/17/2007. (Wilson, Joshua)
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                                                                                                                                                                                                                              Legal Document 370 Filed: 4/25/2007, Entered: 4/25/2007 Court Filing
                                                                                                                                                                                                                              ORDER granting [364] Motion to Substitute Party. STEVEN BANGERT, Co-Executor of the Estate of HOWARD R. ROSS, shall be substituted for HOWARD R. ROSS. Signed by Judge George W. Miller. (sdb) Modified on 4/25/2007 to correct pdf. (Samler, Debbie).
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                                                                                                                                                                                                                                Legal Document 369 Filed: 4/17/2007, Entered: 4/17/2007, Terminated: 5/15/2007 Motion to Amend Pleadings - Rule 15
                                                                                                                                                                                                                                MOTION to Amend Pleadings - Rule 15, filed by USA.Response due by 5/4/2007. (Attachments: # (1))(Roberson, John)
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                                                                                                                                                                                                                                  Legal Document 368 Filed: 4/16/2007, Entered: 4/16/2007
                                                                                                                                                                                                                                  RESPONSE to [364] MOTION to Substitute Party Pursuant to Rule 25(a) and Cross-Motion for Identification of the Executors of Mr. Ross's Estate, filed by USA.Reply due by 4/30/2007. (Roberson, John)
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                                                                                                                                                                                                                                    Legal Document 367 Filed: 4/11/2007, Entered: 4/11/2007 Court Filing
                                                                                                                                                                                                                                    ORDER granting [362] Plaintiffs' Motion for Leave to Revise And Supplement Their Damages Claims Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                                      Legal Document 366 Filed: 4/10/2007, Entered: 4/10/2007
                                                                                                                                                                                                                                      REPLY to Response to Motion re [362] MOTION Leave to Revise and Supplement Damages Claims, filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANK MO. (Attachments: # (1) Exhibit Exhibits 1 and 2)(Wilson, Joshua)
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                                                                                                                                                                                                                                        Legal Document 365 Filed: 4/3/2007, Entered: 4/3/2007
                                                                                                                                                                                                                                        RESPONSE to [362] MOTION Leave to Revise and Supplement Damages Claims, filed by USA.Reply due by 4/16/2007. (Attachments: # (1))(Roberson, John)
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                                                                                                                                                                                                                                          Legal Document 364 Filed: 3/28/2007, Entered: 3/28/2007, Terminated: 4/25/2007 Motion to Substitute Party
                                                                                                                                                                                                                                          MOTION to Substitute Party Pursuant to Rule 25(a), filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANK MO.Response due by 4/16/2007.(Wilson, Joshua)
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                                                                                                                                                                                                                                            Legal Document 363 Filed: 3/28/2007, Entered: 3/28/2007
                                                                                                                                                                                                                                            NOTICE, filed by HOWARD R. ROSS Suggestion of Death on the Record (Wilson, Joshua)
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                                                                                                                                                                                                                                              Legal Document 362 Filed: 3/20/2007, Entered: 3/20/2007, Terminated: 4/11/2007 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                              MOTION Leave to Revise and Supplement Damages Claims, filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANK MO.Response due by 4/6/2007. (Attachments: # (1) Exhibit 1# (2) Exhibit 2)(Wilson, Joshua)
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                                                                                                                                                                                                                                              Legal Document 361 Filed: 3/20/2007, Entered: 3/20/2007 Court Filing
                                                                                                                                                                                                                                              ORDER granting [359] Motion for Extension of Time Motion due by 4/19/2007. Plaintiffs' opposition due by 5/3/2007. Defendant's reply due 5/10/2007. Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                                                Legal Document 360 Filed: 3/14/2007, Entered: 3/14/2007
                                                                                                                                                                                                                                                MOTION to Amend/Correct [359] MOTION for Extension of Time until April 19, 2007 to File Motion for Leave to Amend Answer, filed by USA.Response due by 4/2/2007.(Roberson, John)
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                                                                                                                                                                                                                                                  Legal Document 359 Filed: 3/14/2007, Entered: 3/14/2007, Terminated: 3/20/2007 Motion for Extension of Time
                                                                                                                                                                                                                                                  MOTION for Extension of Time until April 19, 2007 to File Motion for Leave to Amend Answer, filed by USA.Response due by 4/2/2007.(Roberson, John)
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                                                                                                                                                                                                                                                    Legal Document 358 Filed: 3/13/2007, Entered: 3/13/2007 Court Filing
                                                                                                                                                                                                                                                    PROPOSED SCHEDULING ORDER Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                                                      Legal Document 357 Filed: 3/13/2007, Entered: 3/13/2007 Court Filing
                                                                                                                                                                                                                                                      ORDER Defendant shall file and serve its motion for leave to file an amended answer by 3/20/07; plaintiffs shall file and serve their response by 4/3/07; defendant shall file and serve its reply by 4/10/07. Plaintiffs shall file and serve their motion for leave to revise their existing damages claims and to submit a supplemental damages analysis by 3/20/07; defendant shall file and serve its response by 4/3/07; plaintiffs shall file and serve their reply by 4/10/07. Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                                                        Legal Document 356 Filed: 3/12/2007, Entered: 3/12/2007
                                                                                                                                                                                                                                                        STATUS REPORT Plaintiffs' Proposed Schedule for Further Proceedings, filed by all plaintiffs. (Wilson, Joshua)
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                                                                                                                                                                                                                                                          Legal Document 355 Filed: 3/12/2007, Entered: 3/12/2007
                                                                                                                                                                                                                                                          PRETRIAL MEMORANDUM, filed by USA. (Roberson, John)
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                                                                                                                                                                                                                                                            Legal Document 354 Filed: 2/28/2007, Entered: 2/28/2007 Court Filing
                                                                                                                                                                                                                                                            ORDER denying [353] Motion for Reconsideration - Rule 59(a). Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                                                              Legal Document 353 Filed: 2/27/2007, Entered: 2/27/2007, Terminated: 2/28/2007 Motion for Reconsideration - Rule 59(a)
                                                                                                                                                                                                                                                              MOTION for Reconsideration - Rule 59(a) re [347] Published Opinion, and Order Dated February 20, 2007, filed by USA.(Roberson, John)
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                                                                                                                                                                                                                                                                Legal Document 352 Filed: 2/27/2007, Entered: 2/27/2007 Court Filing
                                                                                                                                                                                                                                                                SCHEDULING ORDER:Proposed schedules or joint proposed schedule due by 3/12/2007. Status Conference set for 3/19/2007 at 2:00 PM Eastern Daylight Time in Chambers (Telephonic) before Judge George W. Miller. Signed by Judge George W. Miller. (sdb)
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                                                                                                                                                                                                                                                                  Legal Document 351 Filed: 2/26/2007, Entered: 2/26/2007
                                                                                                                                                                                                                                                                  NOTICE of Designation of Electronic Case. (hw1, )
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                                                                                                                                                                                                                                                                    Blank 350 Filed: 2/26/2007, Entered: 2/26/2007 Court Filing
                                                                                                                                                                                                                                                                    ORDER directing the Clerk to designate this case as an electronic (ECF) case. All future filings will be in electronic form. Signed by Judge George W. Miller. (hw1, )
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                                                                                                                                                                                                                                                                      Blank 349 Filed: 2/21/2007, Entered: 2/22/2007 Remark
                                                                                                                                                                                                                                                                      ERRATUM re: docket entry [348]. (hw1, )
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                                                                                                                                                                                                                                                                        Blank 348 Filed: 2/20/2007, Entered: 2/21/2007 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                        PUBLISHED OPINION. In summary, the Court finds that genuine issues of material fact exist as to all of plaintiff's damage claims. The Court cannot say that either plaintiff or defendant is entitled to summary judgment on any of those claims given the fact-intensive nature of the parties' contentions. Accordingly, plaintiff's motion for partial summary judgment with respect to damages is DENIED, and defendant's cross-motion for summary judgment with respect to damages is also DENIED. The Court will schedule a status conference to consider the nature and timing of further proceedings. Signed by Judge George W. Miller. (hw1, )
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                                                                                                                                                                                                                                                                          Blank 347 Filed: 2/20/2007, Entered: 2/21/2007 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                          PUBLISHED OPINION. For the reasons set forth above, the Court concludes that defendant has failed to establish that the Court's prior determination should be reconsidered because it was based upon an error of law or mistake of fact, or for any other reason. Accordingly, defendant's motion for reconsideration of the Court's November 17, 2006, opinion and order is DENIED. Signed by Judge George W. Miller. (hw1, )
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                                                                                                                                                                                                                                                                            Blank 346 Filed: 2/5/2007, Entered: 2/6/2007 Reply to Response to Motion
                                                                                                                                                                                                                                                                            REPLY to Response to Motion re [340] MOTION for Reconsideration - Rule 59(a)( re [339] Published Opinion), filed by USA. Service: 1/30/2007.(hw1, )
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                                                                                                                                                                                                                                                                              Blank 345 Filed: 2/5/2007, Entered: 2/6/2007 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                              ORDER granting [343] Motion for Leave to File reply to response to its motion for reconsideration. Signed by Judge George W. Miller. (hw1, )
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                                                                                                                                                                                                                                                                                Blank 344 Filed: 2/1/2007, Entered: 2/2/2007 Response to Motion
                                                                                                                                                                                                                                                                                RESPONSE to [343] MOTION for Leave to File reply to motion for reconsideration filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANK MO.Reply due by 2/15/2007. Service: 2/1/2007.(hw1, )
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                                                                                                                                                                                                                                                                                  Blank 343 Filed: 1/30/2007, Entered: 1/31/2007, Terminated: 2/5/2007 Terminated:
                                                                                                                                                                                                                                                                                  MOTION for Leave to File reply to motion for reconsideration filed by USA. Service: 1/30/2007.Response due by 2/16/2007.(hw1, )
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                                                                                                                                                                                                                                                                                    Blank 342 Filed: 1/19/2007, Entered: 1/19/2007
                                                                                                                                                                                                                                                                                    RESPONSE to [340] MOTION for Reconsideration - Rule 59(a) re [339] Published Opinion, filed by USA. Service: 1/19/2007.(hw1, )
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                                                                                                                                                                                                                                                                                      Blank 341 Filed: 12/21/2006, Entered: 12/22/2006 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                      SCHEDULING ORDER:Plaintiff First Bank shall file and serve a Response due by 1/19/2007. Signed by Judge George W. Miller. (hw1, )
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                                                                                                                                                                                                                                                                                        Blank 340 Filed: 12/19/2006, Entered: 12/20/2006 Terminated:
                                                                                                                                                                                                                                                                                        MOTION for Reconsideration - Rule 59(a) re [339] Published Opinion, filed by USA. Service: 12/19/2006.(hw1, )
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                                                                                                                                                                                                                                                                                          Blank 339 Filed: 11/17/2006, Entered: 11/21/2006 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                          PUBLISHED OPINION. Plaintiff First Bank's motion for summary judgment on liability is GRANTED IN PART and defendant's cross-motion for summary judgment on liability is DENIED IN PART with respect to breach of the express River Valley I and II contracts, i.e., the Court holds that defendant is liable to plaintiff First Bank for breach of the express contracts. Plaintiff's motion for summary judgment on liability is DENIED IN PART and defendant's cross-motion for summary judgment on liability is GRANTED IN PART with respect to the phase-out of $5,000,000 of River Valley I preferred stock from regulatory capital computation, i.e., Court holds that defendant is not liable to plaintiff First Bank for the change in regulatory treatment of the preferred stock. Plaintiff's motion for summary judgment on liability is DENIED IN PART and defendant's cross-motion for summary judgment with respect to liability is GRANTED IN PART with respect to plaintiff's implied-in-fact contract claims, and the Court holds that defendant is entitled to summary judgment in its favor on the claims of all plaintiffs alleging breach of implied-in-fact contracts. The Court will issue subsequent opinion addressing the parties' cross-motion for summary judgment insofar as they relate to damages. Signed by Judge George W. Miller. (hw1, ) .
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                                                                                                                                                                                                                                                                                            Blank 338 Filed: 10/20/2006, Entered: 10/27/2006 Response
                                                                                                                                                                                                                                                                                            RESPONSE filed by USA, Pursuant to [335] Scheduling Order. Service: 10/20/2006.(hw1, )
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                                                                                                                                                                                                                                                                                              Blank 337 Filed: 10/6/2006, Entered: 10/10/2006 Response
                                                                                                                                                                                                                                                                                              RESPONSE filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANK MO., to the question presented in the [335] Scheduling Order, Service: 10/6/2006.(hw1, )
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                                                                                                                                                                                                                                                                                                Blank 336 Filed: 9/22/2006, Entered: 9/26/2006 Response
                                                                                                                                                                                                                                                                                                RESPONSE (to the question presented in the Court's Order dated September 8, 2006) pursuant to [335] Scheduling Order, filed by USA. Service: 9/22/2006.(hw1, )
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                                                                                                                                                                                                                                                                                                  Blank 335 Filed: 9/8/2006, Entered: 9/8/2006 Court Filing
                                                                                                                                                                                                                                                                                                  SCHEDULING ORDER: Defendant's Brief due by 9/22/2006; Plaintiff's Response Brief due by 10/6/2006; Defendant's Reply Brief due by 10/20/2006. Signed by Judge George W. Miller. (hw1, )
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                                                                                                                                                                                                                                                                                                    Blank 334 Filed: 7/10/2006, Entered: 7/12/2006 Response to Motion
                                                                                                                                                                                                                                                                                                    RESPONSE to [333] MOTION for Leave to File Advise the Court , filed by USA.Reply due by 7/19/2006. Service: 7/10/2006 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                      Blank 333 Filed: 6/21/2006, Entered: 6/23/2006 Motion for Leave to File
                                                                                                                                                                                                                                                                                                      MOTION for Leave to Advise the Court , filed by HOMER J. HOLLAND. Service: 6/21/2006.Response due by 7/10/2006.(mb2, )
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                                                                                                                                                                                                                                                                                                        Blank 332 Filed: 6/2/2006, Entered: 6/6/2006 Response
                                                                                                                                                                                                                                                                                                        ANSWERS to Questions posed by [330] Scheduling Order and RESPONSE to [331] Supplemental Brief filed by HOMER J. HOLLAND, et al.. Service: 6/2/06.(dls )
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                                                                                                                                                                                                                                                                                                          Blank 331 Filed: 5/19/2006, Entered: 5/26/2006 Supplemental Brief
                                                                                                                                                                                                                                                                                                          BRIEF, filed by USA. Service: 5/19/2006 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                            Blank 330 Filed: 5/5/2006, Entered: 5/12/2006 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                            SCHEDULING ORDER:Defendant's Brief due by 5/19/2006. Plaintiffs' Brief due by 6/2/2006. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                              Blank 328 Filed: 4/24/2006, Entered: 4/24/2006 Court Filing
                                                                                                                                                                                                                                                                                                              TRANSCRIPT of Proceedings (118 pages) held on April 21, 2006 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                Blank -- Filed: 4/24/2006, Entered: 4/24/2006
                                                                                                                                                                                                                                                                                                                Set/Reset Transcript Deadlines: Transcript due by 5/22/2006. (vp1, )
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                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 4/24/2006, Entered: 4/24/2006
                                                                                                                                                                                                                                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 5/22/2006. (vp1, )
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                                                                                                                                                                                                                                                                                                                    Blank 329 Filed: 4/20/2006, Entered: 4/25/2006 Response
                                                                                                                                                                                                                                                                                                                    RESPONSE to [324] Order , filed by HOMER J. HOLLAND. Service: 4/20/2006.(mb2, )
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                                                                                                                                                                                                                                                                                                                      Blank 327 Filed: 4/18/2006, Entered: 4/20/2006 Response
                                                                                                                                                                                                                                                                                                                      RESPONSE to the Questions Set Forth in the Court's Order Dated April 6, 2006, to be Discussed During the Argument to be held on April 21, 2006 , filed by USA. Service: 4/14/2006.(mb2, )
                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                        Blank 326 Filed: 4/18/2006, Entered: 4/20/2006 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                        ORDER granting [325] Motion for Leave to File Response to the Questions Set Forth in the Court's Order Dated April 6, 2006, to be Discussed During the Argument to be held on April 21, 2006. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                          Blank 325 Filed: 4/14/2006, Entered: 4/19/2006, Terminated: 4/18/2006 Terminated:
                                                                                                                                                                                                                                                                                                                          MOTION for Leave to File a Response to the Questions Set Forth in the Court's Order Dated April 6, 2006, to be Discussed During the Argument to be held on April 21, 2006 , filed by USA. Service: 4/14/2006. Response due by 5/1/2006.(mb2, )
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                                                                                                                                                                                                                                                                                                                            Blank 324 Filed: 4/6/2006, Entered: 4/10/2006 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                            SCHEDULING ORDER: Oral Argument set for 4/21/2006 at 10:00 AM before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                              Blank 323 Filed: 4/3/2006, Entered: 4/3/2006 Court Filing
                                                                                                                                                                                                                                                                                                                              TRANSCRIPT of Proceedings held on March 31, 2006 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 4/3/2006, Entered: 4/3/2006
                                                                                                                                                                                                                                                                                                                                Set/Reset Transcript Deadlines: Transcript due by 5/1/2006. (vp1, )
                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                  Blank 322 Filed: 3/23/2006, Entered: 3/24/2006 Surreply
                                                                                                                                                                                                                                                                                                                                  SUR-REPLY re [317] MOTION to Strike , filed by USA. Service: 3/21/2006 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                    Blank 321 Filed: 3/23/2006, Entered: 3/24/2006 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                    ORDER granting [320] Motion for Leave to File Sur-Reply. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                      Blank 320 Filed: 3/21/2006, Entered: 3/22/2006, Terminated: 3/23/2006 Terminated:
                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File Sur-Reply , filed by HOMER J. HOLLAND. Service: 3/21/2006 by hand. Response due by 4/7/2006.(mb2, )
                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                        Blank 319 Filed: 3/20/2006, Entered: 3/22/2006 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                        REPLY to Response to Motion re [317] MOTION to Strike , filed by HOMER J. HOLLAND. Service: 3/20/2006.(mb2, )
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                                                                                                                                                                                                                                                                                                                                          Blank 318 Filed: 3/14/2006, Entered: 3/16/2006 Response to Motion
                                                                                                                                                                                                                                                                                                                                          RESPONSE to [317] MOTION to Strike , filed by USA. Reply due by 3/27/2006. Service: 3/14/2006.(mb2, )
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                                                                                                                                                                                                                                                                                                                                            Blank 317 Filed: 3/3/2006, Entered: 3/8/2006 Motion to Strike
                                                                                                                                                                                                                                                                                                                                            MOTION to Strike the Declaration of Charles Fulton, filed by HOMER J. HOLLAND. Service: 3/3/2006 by hand. Response due by 3/17/2006. (mb2, )
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                                                                                                                                                                                                                                                                                                                                              Blank 316 Filed: 3/1/2006, Entered: 3/6/2006 Order on Motion to StrikeCourt Filing
                                                                                                                                                                                                                                                                                                                                              ORDER denying [291] Motion to Strike portions of Dr. Hollands expert report. Signed by Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                Blank 315 Filed: 2/24/2006, Entered: 3/1/2006 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                ORDER granting [313] Motion for Leave to File Excess Pages of Reply in Support of the Cross-Motion up to 50 pages. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                  Blank 314 Filed: 2/24/2006, Entered: 2/28/2006 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                  REPLY with second supplemental appendix to Response to Motion re [293] CROSS MOTION and RESPONSE to [277] Motion for Partial Summary Judgment, filed by USA. Service: 2/24/2006.(mb2, ) Modified on 2/28/2006 (mb2, ).
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                                                                                                                                                                                                                                                                                                                                                    Blank 313 Filed: 2/22/2006, Entered: 2/27/2006, Terminated: 2/24/2006 Terminated:
                                                                                                                                                                                                                                                                                                                                                    MOTION for Leave to Exceed Page Limit of Reply in Support of the Cross-Motion by 27 pages, filed by USA. Service: 2/22/2006 by hand. Response due by 3/8/2006. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                      Blank 312 Filed: 2/6/2006, Entered: 2/7/2006 Response to Proposed Findings of Uncontroverted Fa
                                                                                                                                                                                                                                                                                                                                                      RESPONSE to [294] PROPOSED FINDINGS of Uncontroverted Fact, filed by FIRST BANKS, INC. , filed by FIRST BANKS, INC. [FILED BY LEAVE OF THE JUDGE] Service: 2/3/2006 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                        Blank 311 Filed: 2/6/2006, Entered: 2/7/2006 Response to Cross Motion
                                                                                                                                                                                                                                                                                                                                                        RESPONSE and reply with separate appendix to [293] CROSS MOTION and RESPONSE to [277] Motion for Partial Summary Judgment, filed by FIRST BANKS, INC. [FILED BY LEAVE OF THE JUDGE] Reply due by 2/24/2006. Service: 2/3/2006 by hand.(mb2, ) Modified on 2/7/2006 (mb2, ).
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                                                                                                                                                                                                                                                                                                                                                          Blank 310 Filed: 1/31/2006, Entered: 2/2/2006 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                          ORDER granting [308] Motion for Leave to File Excess Pages. Signed by Judge John P. Wiese for Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                            Blank 309 Filed: 1/27/2006, Entered: 1/31/2006 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                            NOTICE Concerning the IRS Response to First Bank, Inc.'s Request for Copies of its 1995 Tax Returns Materials, filed by HOMER J. HOLLAND. [FILED BY LEAVE OF THE JUDGE] Service: 1/23/2006.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                              Blank 308 Filed: 1/26/2006, Entered: 1/30/2006, Terminated: 1/31/2006 Terminated:
                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to Exceed Page Limit of Response to Cross-Motion by 30 pages , filed by FIRST BANKS, INC. Service: 1/26/2006 by hand. Response due by 2/9/2006. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                Blank 307 Filed: 1/23/2006, Entered: 1/23/2006 Court Filing
                                                                                                                                                                                                                                                                                                                                                                TRANSCRIPT of Proceedings held on Janaury 5, 2006 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 1/12/2006, Entered: 1/12/2006
                                                                                                                                                                                                                                                                                                                                                                  Set/Reset Transcript Deadlines: Transcript due by 2/6/2006. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                    Blank 306 Filed: 1/6/2006, Entered: 1/12/2006 Pretrial OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                    PRETRIAL ORDER: Pretrial Conference set for 4/21/2006 at 10:00 AM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                      Blank 305 Filed: 1/3/2006, Entered: 1/5/2006 Response
                                                                                                                                                                                                                                                                                                                                                                      RESPONSE to [301] Scheduling Order, , filed by USA. Service: 1/3/2006 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                        Blank 304 Filed: 1/3/2006, Entered: 1/5/2006 Response
                                                                                                                                                                                                                                                                                                                                                                        RESPONSE to [301] Scheduling Order, , filed by HOMER J. HOLLAND. Service: 1/3/2006 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                          Blank 303 Filed: 12/27/2005, Entered: 12/30/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re [291] MOTION to Strike , filed by USA. Service: 12/27/2005 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                            Blank 302 Filed: 12/19/2005, Entered: 12/23/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to [291] MOTION to Strike , filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANK MO. Reply due by 1/3/2006. Service: 12-19-2005.(lld, )
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                                                                                                                                                                                                                                                                                                                                                                              Blank 301 Filed: 12/14/2005, Entered: 12/20/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                              SCHEDULING ORDER: Pretrial Conference set for 4/7/2006 at 10:00 AM in National Courts Building before Judge George W. Miller. Appendix A Filings due by 4/28/2006. Opposing Appendix A Filings due by 5/26/2006. Motion In Limine due by 6/9/2006. Response due by 6/16/2006. Reply due by 6/23/2006.Trial set for 7/10/2006 at 9:00 AM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                Blank 300 Filed: 12/13/2005, Entered: 12/19/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                SCHEDULING ORDER: Defendant's Reply in support of Cross-Motion due by 2/24/2006. Plaintiffs Response to Cross-Motion for Summary Judgment due by 2/3/2006. Plaintiffs Opposition to Defendant's Motion to Strike due by 12/19/2005. Defendant Reply Brief in support of Motion to Strike due by 12/27/2005. Signed by Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                  Blank 299 Filed: 12/13/2005, Entered: 12/19/2005 Order on Motion for ClarificationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [298] Motion for Clarification. Signed by Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                    Blank 297 Filed: 12/13/2005, Entered: 12/15/2005 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                    TRANSCRIPT of Proceedings held on December 12, 2005 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 12/13/2005, Entered: 12/19/2005 Set Deadlines/Hearings:
                                                                                                                                                                                                                                                                                                                                                                                      Set Deadlines/Hearings: Defendant's Reply in support of Motion to Strike Portions of Expert Report due by 12/29/2005. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                        Blank 298 Filed: 12/12/2005, Entered: 12/16/2005, Terminated: 12/13/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Clarification , filed by USA. Service: 12/12/2005. Response due by 12/29/2005. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 12/12/2005, Entered: 12/12/2005
                                                                                                                                                                                                                                                                                                                                                                                          Set/Reset Transcript Deadlines: Transcript due by 1/12/2006. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                            Blank 296 Filed: 12/9/2005, Entered: 12/13/2005 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                            STATUS CONFERENCE ORDER: Status Conference set for 12/12/2005 at 2:00 PM before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                              Blank 295 Filed: 12/7/2005, Entered: 12/12/2005 Response to Proposed Findings of Uncontroverted Fa
                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE to [278] PROPOSED FINDINGS of Uncontroverted Fact, filed by USA. Service: 12/5/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                Blank 294 Filed: 12/7/2005, Entered: 12/12/2005 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact RE: [293] CROSS MOTION and RESPONSE to [277] Motion for Partial Summary Judgment, filed by USA. Service: 12/5/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                  Blank 293 Filed: 12/7/2005, Entered: 12/12/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                  CROSS MOTION and RESPONSE (with separate appendix) to [277] Motion for Partial Summary Judgment, filed by USA. Service: 12/5/2005 by hand. Dispositive Motion Response due by 12/19/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                    Blank 292 Filed: 12/7/2005, Entered: 12/12/2005 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting [290] Motion for Leave to File Excess Pages. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                      Blank 291 Filed: 12/5/2005, Entered: 12/7/2005, Terminated: 3/1/2006 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                      MOTION to Strike Portions of Dr. Holland's Expert Report , filed by USA. Service: 12/5/2005 by hand. Response due by 12/19/2005. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                        Blank 290 Filed: 12/5/2005, Entered: 12/7/2005, Terminated: 12/7/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to Exceed Page Limit of Cross-Motion by 75 pages , filed by USA. Service: 12/5/2005. Response due by 12/22/2005. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                          Blank 288 Filed: 11/1/2005, Entered: 11/2/2005 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                          REVISED & CORRECTED TRANSCRIPT of Proceedings held on October 24, 2005 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                            Blank 289 Filed: 10/28/2005, Entered: 11/2/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                            ORDER: re: Scheduling of Cross-Motions for Summary Judgment. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                              Blank 287 Filed: 10/28/2005, Entered: 11/1/2005 Proposed Pretrial Order
                                                                                                                                                                                                                                                                                                                                                                                                              Proposed Schedule, filed by USA. Service: 10/28/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                Blank 285 Filed: 10/26/2005, Entered: 10/27/2005 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                TRANSCRIPT of Proceedings held on October 24, 2005 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 286 Filed: 10/25/2005, Entered: 10/28/2005 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                  Proposed Schedule for the Couduct of Further Proceedings, filed by HOMER J. HOLLAND. Service: 10/25/2005 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 10/25/2005, Entered: 10/25/2005
                                                                                                                                                                                                                                                                                                                                                                                                                    Set/Reset Transcript Deadlines: Transcript due by 11/24/2005. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 284 Filed: 10/24/2005, Entered: 10/26/2005 Order on Motion for Reconsideration - Rule 59(a)Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER denying [279] Motion for Reconsideration - Rule 59(a), granting [279] Motion to Stay, denying [279] Motion to Strike and finding as moot [280] Motion to Expedite. Signed by Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 10/24/2005, Entered: 10/26/2005 Set Deadlines/Hearings:
                                                                                                                                                                                                                                                                                                                                                                                                                        Set Deadlines/Hearings: Defendants' Dispositive Motion Response due by 12/5/2005. Defendants'Motion(s) due by 2/22/2005. Plaintiffs' Reply due by 12/19/2005. Trial set for 7/10/2006 - 7/28/2006 before Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 283 Filed: 10/21/2005, Entered: 10/24/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re [279] MOTION for Reconsideration - Rule 59(a) MOTION to Stay defendant's response to First Bank's Summary Judgment Motion MOTION to Stay defendant's response to First Bank's Summary Judgment Motion MOTION to Strike MOTION to Strike , filed by USA. Service: 10/21/2005.(hw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 282 Filed: 10/18/2005, Entered: 10/20/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                            SCHEDULING ORDER: Reply to 279 MOTION for Reconsideration due by 10/21/2005. Status Conference set for 10/24/2005 at 10:00 AM before Judge George W. Miller. Signed by Judge George W. Miller for Judge John P. Wiese. (mb2, ) Modified on 10/20/2005 (mb2, ).
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                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 281 Filed: 10/17/2005, Entered: 10/18/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE to [279] MOTION for Reconsideration - Rule 59(a) MOTION to Stay, filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANKS, INC., FIRST BANK MO. [FILED BY LEAVE OF THE JUDGE] Reply due by 10/25/2005. Service: 10/14/2005 by hand.(mb2, ) Modified on 10/18/2005 (mb2, ).
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                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 280 Filed: 10/14/2005, Entered: 10/17/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Expedited Consideration, filed by HOMER J. HOLLAND. Service: 10/14/2005 by hand. Response due by 10/28/2005. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 279 Filed: 10/5/2005, Entered: 10/7/2005, Terminated: 10/24/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Reconsideration - Rule 59(a) of the court's order permitting the joinder of First Bank, or, in the alternative, MOTION to Strike portions of First Bank's Motion for Partial Summary Judgment with respect to Damages and MOTION to Stay defendant's response to First Bank's Summary Judgment filed by USA. Service by hand: 10/5/2005. Response due by 10/19/2005. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 278 Filed: 9/21/2005, Entered: 9/22/2005 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                    Supplemental PROPOSED FINDINGS of Uncontroverted Fact RE: [277] MOTION for Partial Summary Judgment, filed by HOMER J. HOLLAND. Service: 9/21/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 277 Filed: 9/21/2005, Entered: 9/22/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Partial Summary Judgment (with separate two volume appendix), filed by HOMER J. HOLLAND. Service: 9/21/2005. Dispositive Motion Response due by 10/24/20051(mb2, ) Modified on 9/22/2005 (mb2, ).
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                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 276 Filed: 8/1/2005, Entered: 8/3/2005 Unpublished OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                        UNPUBLISHED OPINION re: [273] MOTION to Compel filed by USA. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 275 Filed: 7/14/2005, Entered: 7/18/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re [273] MOTION to Compel, filed by USA. Service: 7/14/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 274 Filed: 6/29/2005, Entered: 6/30/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to [273] MOTION to Compel, filed by HOMER J. HOLLAND. Reply due by 7/14/2005. Service: 6/29/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 273 Filed: 6/15/2005, Entered: 6/17/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION to Compel Production of Documents withheld by Plaintiffs, filed by USA. Service by hand: 6/15/2005. Response due by 6/29/2005. (mb2, ) Modified on 6/30/2005 to indicate service by hand and to correct due date for response (dls ).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 272 Filed: 6/9/2005, Entered: 6/14/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER denying [266] Motion for Leave to File a Motion for Partial Summary Judgement in Favor of First Bank. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 271 Filed: 6/9/2005, Entered: 6/14/2005 Order on Motion to Dismiss - Rule 12(b)(6)Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER denying as Moot [267] Motion to Dismiss. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 270 Filed: 6/8/2005, Entered: 6/13/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE to [267] MOTION to Dismiss First Banks, Inc., filed by HOMER J. HOLLAND. Reply due by 6/27/2005. Service: 6/8/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 269 Filed: 6/6/2005, Entered: 6/10/2005 Answer to Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                      ANSWER to Amended Complaint, filed by USA.Service: 6/6/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 268 Filed: 6/6/2005, Entered: 6/10/2005 Response to MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE to [266] MOTION for Leave to File Motion for Partial Summary Judgement in Favor of First Bank, filed by USA. Reply due by 6/20/2005. Service: 6/6/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 267 Filed: 6/3/2005, Entered: 6/8/2005, Terminated: 6/9/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION to Dismiss First Banks, Inc., filed by USA.Service: 6/3/2005 by hand. Dispositive Motion Response due by 7/1/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 266 Filed: 5/19/2005, Entered: 5/25/2005, Terminated: 6/9/2005 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for Leave to File a Motion for Partial Summary Judgement in Favor of First Bank, filed by HOMER J. HOLLAND. Service: 5/19/2005. Response due by 6/6/2005. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 265 Filed: 5/18/2005, Entered: 5/24/2005 Second Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                              THIRD AMENDED COMPLAINT against USA, filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANK MO. Related document: [1] Complaint.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 5/18/2005, Entered: 5/27/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                Set/Reset Deadlines: Answer Due by 6/6/2005. (jat, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 264 Filed: 5/17/2005, Entered: 5/20/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Consented MOTION to Substitute Attorney David B. Bergman in place of Melvin C. Garbow, filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANK MO.Service: 5/17/2005. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 5/17/2005, Entered: 5/20/2005 Add and Terminate Attorneys
                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ***Attorney David Block Bergman for FIRST BANKS, INC.; FIRST BANK MO; HOMER J. HOLLAND and HOWARD R. ROSS added. Attorney Melvin Carl Garbow terminated. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 263 Filed: 5/12/2005, Entered: 5/16/2005 Unpublished OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                      UNPUBLISHED OPINION re: [246] MOTION for Joinder MOTION for Leave to File to Join as Plaintiff First Bank MO filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., Third Amended Complaint due by 5/20/2005. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 262 Filed: 5/6/2005, Entered: 5/11/2005 Surreply
                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SUR-REPLY re [246] MOTION for Joinder MOTION for Leave to File to Join as Plaintiff First Bank MO, filed by USA. Service: 5/4/2005 by hand.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 261 Filed: 5/6/2005, Entered: 5/11/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [259] Motion for Leave to File Surreply. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 260 Filed: 5/5/2005, Entered: 5/10/2005 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                            CORRECTED re: [259] Motion for Leave to File, filed by USA. Service: 5/5/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 259 Filed: 5/4/2005, Entered: 5/9/2005, Terminated: 5/6/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File Surreply in Opposition to Plaintiffs' Motion to Join First Bank MO as a Plaintiff and for Leave to File a Third Amended Complaint, filed by USA. Service: 5/4/2005 by hand. Response due by 5/18/2005. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 258 Filed: 5/3/2005, Entered: 5/9/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY to Response to Motion re [246] MOTION for Joinder MOTION for Leave to File to Join as Plaintiff First Bank MO, filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANKS, INC., FIRST BANK MO. Service: 5/3/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 257 Filed: 4/28/2005, Entered: 5/5/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting in part and denying in part [247] Motion to Resume Pretrial Activities. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 256 Filed: 4/26/2005, Entered: 4/28/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE to [246] MOTION to Join as Plaintiff First Bank MO, MOTION for Leave to File Third Amended Complaint, filed by USA. Reply due by 5/5/2005. Service: 4/22/2005 by hand.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 255 Filed: 4/26/2005, Entered: 4/28/2005 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [254] Motion for Leave to File Excess Pages. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 254 Filed: 4/22/2005, Entered: 4/26/2005, Terminated: 4/26/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to Exceed Page Limit of Opposition to Plaintiffs' Motion to Join First Bank MO as a Plaintiff and for Leave to File a Third Amended Complaint by 10 pages, filed by USA. Service: 4/22/2005 by hand. Response due by 5/6/2005. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 253 Filed: 4/22/2005, Entered: 4/26/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re [247] MOTION to Resume Pretrial Activities and for Expedited Consideration, filed by HOMER J. HOLLAND. Service: 4/22/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 252 Filed: 4/18/2005, Entered: 4/20/2005 Disclosure Statement - Rule 7.1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Rule 7.1 Disclosure Statement by FIRST BANK MO. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 251 Filed: 4/18/2005, Entered: 4/20/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting [248] Motion for Leave to File Rule 7.1(a) Disclosure Statement. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 250 Filed: 4/18/2005, Entered: 4/20/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE to [247] MOTION to Resume Pretrial Activities and for Expedited Consideration, filed by USA. Reply due by 4/22/2005. Service: 4/18/2005.(mb2, ) Modified on 4/26/2005 to correct reply due date. (dls ).
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 4/15/2005, Entered: 4/15/2005
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Set/Reset Deadlines: Response due by 4/22/2005 re: MOTION to Join as Plaintiff First Bank MO, MOTION for Leave to File Third Amended Complaint. Motion was served by hand. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 249 Filed: 4/14/2005, Entered: 4/18/2005 Order on Motion for Miscellaneous ReliefCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER granting [247] Expedited Consideration on Motion Resume Pretrial Activities. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 248 Filed: 4/14/2005, Entered: 4/18/2005, Terminated: 4/18/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File Rule 7.1(a) Disclosure Statement, filed by FIRST BANKS (MO) Service: 4/14/2005. Response due by 5/2/2005.(mb2, ) Modified on 4/20/2005 (mb2, ).
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 4/14/2005, Entered: 4/18/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Set/Reset Deadlines: re: [247] MOTION to Resume Pretrial Activities and for Expedited Consideration. Response due by 4/18/2005. Reply due by 4/22/2005. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 247 Filed: 4/12/2005, Entered: 4/14/2005, Terminated: 4/14/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION to Resume Pretrial Activities and for Expedited Consideration, filed by HOMER J. HOLLAND. Service: 4/12/2005. Response due by 4/29/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 246 Filed: 4/8/2005, Entered: 4/12/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION to Join as Plaintiff First Bank MO, MOTION for Leave to File Third Amended Complaint filed by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC. Service: 4/8/2005. Response due by 4/25/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 245 Filed: 3/31/2005, Entered: 4/5/2005 Order on Motion for DiscoveryCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting [243] Motion to Conduct Third-Party Documentary Discovery. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 244 Filed: 3/29/2005, Entered: 3/31/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE to [243] MOTION for Discovery filed by HOMER J. HOLLAND. Reply due by 4/11/2005. Service: 3/29/2005 by hand.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 243 Filed: 3/25/2005, Entered: 3/29/2005, Terminated: 3/31/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION to Conduct Third-Party Documentary Discovery filed by USA.Service: 3/25/2005. Response due by 4/11/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 242 Filed: 3/24/2005, Entered: 3/29/2005 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Statement Concerning Issues to be Discussed During the Status Conference on March 22, 2005 by USA. Service: 3/21/2005 by hand.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 241 Filed: 3/24/2005, Entered: 3/29/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [237] Motion for Leave to File a Statement Concerning Issues to be Discussed During the Status Conference on March 22, 2005. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 240 Filed: 3/24/2005, Entered: 3/29/2005 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Reply to [232] Response to [228] Statement Concerning the Identity of River Valley's Successor in Interest. filed by HOMER J. HOLLAND. Service: 3/18/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 239 Filed: 3/24/2005, Entered: 3/29/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [236] Plaintiff's Motion for Leave to File Reply in Support of Their Statement Concerning the Identity of River Valley's Successor in Interest. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 3/24/2005, Entered: 3/28/2005 Transcript
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT (Pg 1-62) of Proceedings held on 3/22/05 before Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 238 Filed: 3/23/2005, Entered: 3/28/2005 Order on Motion to ContinueCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER denying as moot [224] Motion to Continue. Signed by Judge George W. Miller. (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 3/23/2005, Entered: 3/28/2005 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Set/Reset Deadlines: Motion to Join or Substitute First Bank, MO due by 4/8/2005. All deadlines set forth in the Court's January 14, 2005 Scheduling Order as modified by the Court's March 11, 2005 Order are SUSPENDED. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 237 Filed: 3/21/2005, Entered: 3/24/2005, Terminated: 3/24/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Leave to File a Statement Concerning Issues to be Discussed During the Status Conference on March 22, 2005 filed by USA.Service: 3/21/2005 by hand. Response due by 4/4/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 236 Filed: 3/18/2005, Entered: 3/23/2005, Terminated: 3/24/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Leave to File a Reply in Support of the Statement Concerning the Identity of River Valley's Successor in Interest filed by HOMER J. HOLLAND.Service: 3/18/2005. Response due by 4/4/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 235 Filed: 3/11/2005, Entered: 3/15/2005 Order on Motion for Extension of Time to FileCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [230] Motion for Extension of Time. Disposition of Homer J. Holland due by 4/8/2005. Rebuttal Expert Reports and Motion(s) due by 5/6/2005. Deposition of Defendant's Experts due by 6/10/2005. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 234 Filed: 3/11/2005, Entered: 3/15/2005 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER Setting Hearing on Motion [224] MOTION to Continue: Motion Hearing set for 3/22/2005 at 09:30 AM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 233 Filed: 3/10/2005, Entered: 3/14/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE to [230] MOTION for Extension of Time until 4/8/2005 to time to complete the deposition of Homer J. Holland, filed by HOMER J. HOLLAND. Reply due by 3/24/2005. Service: 3/10/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 232 Filed: 3/10/2005, Entered: 3/14/2005 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to [228] Statement Concerning the Identity of River Valley's Successor in Interest filed by USA. Service: 3/8/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 231 Filed: 3/10/2005, Entered: 3/14/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting [229] MOTION for Leave to File a Response to Plaintiffs' "Statement Concerning the Identity of River Valley's Successor in Interest." Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 230 Filed: 3/9/2005, Entered: 3/14/2005, Terminated: 3/11/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Extension of Time until 4/8/2005 to complete the deposition of Homer J. Holland filed by USA.Service: 3/9/2005. Response due by 3/28/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 229 Filed: 3/8/2005, Entered: 3/10/2005, Terminated: 3/10/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Leave to File a Response to Plaintiffs' "Statement Concerning the Identity of River Valley's Successor in Interest" filed by USA.Service: 3/8/2005 by hand. Response due by 3/22/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 228 Filed: 2/25/2005, Entered: 3/1/2005 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Statement Concerning the Identity of River Valley's Successor in Interest by HOWARD R. ROSS, FIRST BANKS, INC. Service: 2/25/2005.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 2/24/2005, Entered: 2/24/2005
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Set/Reset Transcript Deadlines: Transcript due by 2/14/2005. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 227 Filed: 2/23/2005, Entered: 2/24/2005 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER re [224] MOTION to Continue filed by USA, Statement setting forth the plaintiff's position on the identity of the successor in interest, supported by relevant documents and other evidence due by 3/11/2005. Action on the motion is defered. Signed by Judge John P. Wiese. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 226 Filed: 2/16/2005, Entered: 2/18/2005 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY to Response to Motion re [224] MOTION to Continue filed by USA. Service: 2/16/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 225 Filed: 2/7/2005, Entered: 2/8/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to [224] MOTION to Continue filed by HOMER J. HOLLAND. Reply due by 2/22/2005. Service: 02/07/05.(mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 224 Filed: 1/28/2005, Entered: 2/1/2005, Terminated: 3/23/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Substituted MOTION for Continuance by USA.Service: 01/26/05. Response due by 2/14/2005 (mb2, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 223 Filed: 1/28/2005, Entered: 2/1/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting [221] Motion for Leave to File Substituted Motion for Continuance. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 222 Filed: 1/27/2005, Entered: 1/31/2005 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ANSWER to [114] Amended Complaint by USA.Service: 01/27/05. JPSR due by 3/21/2005.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 221 Filed: 1/26/2005, Entered: 1/28/2005, Terminated: 1/28/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Leave to File a Substituted Motion for Continuance by USA.Service: 01/26/05. Response due by 2/14/2005 (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 220 Filed: 1/25/2005, Entered: 1/27/2005 Motion to Continue
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Continuance by USA.Service: 01/25/05. Response due by 2/11/2005 (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 219 Filed: 1/19/2005, Entered: 1/21/2005 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TRANSCRIPT of Proceedings held on 1/13/05 before Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 218 Filed: 1/14/2005, Entered: 1/19/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SCHEDULING ORDER: Response due by 1/27/2005. Reply due by 2/7/2005.. Expert Report due by 2/18/2005. Signed by Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [207] Motion for Leave to File expert report of Homer J. Holland Signed by Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 216 Filed: 1/14/2005, Entered: 1/19/2005 Order
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER re [205] Unpublished Opinion,"The first sentence of the "Conclusion" section on parge 6 of the Court's January 7, 2005 Opionion and Order shall state: Defendant's motion to dismiss is GRANTED with regard to Coutns IV
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 215 Filed: 1/14/2005, Entered: 1/19/2005 Order on Motion for ClarificationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting in part and denying in part [204] Motion for Clarification Signed by Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 214 Filed: 1/14/2005, Entered: 1/19/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [209] Motion for Leave to File proposed schedule for further proceedings in anticipation of status conference Signed by Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 213 Filed: 1/14/2005, Entered: 1/18/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Plaintiff First Banks' Corrected MOTION for Partial Summary Judgment on Liability by FIRST BANKS, INC. Response due by 2/14/2005 (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 212 Filed: 1/14/2005, Entered: 1/18/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [208] Motion for Leave to File corrected version of First Bank's motion for partial summary judgment on liability. Signed by Judge George W. Miller. (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 211 Filed: 1/12/2005, Entered: 1/13/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE to [207] MOTION for Leave to Supplement or Revise the expert report of Homer J. Holland filed by USA. Reply due by 1/25/2005. Service: 01/12/05.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 210 Filed: 1/12/2005, Entered: 1/13/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE to [209] MOTION for Leave to File Submit proposed schedule for further proceedings in anticipaticipation of status conference filed by USA. Reply due by 1/25/2005. Service: 01/12/05.(mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 209 Filed: 1/11/2005, Entered: 1/13/2005, Terminated: 1/14/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Plaintiffs' MOTION for Leave to File Submit proposed schedule for further proceedings in anticipation of status conference by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC.. Service: 1/11/05. Response due by 1/28/2005 (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 208 Filed: 1/11/2005, Entered: 1/13/2005, Terminated: 1/14/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Plaintiffs' Unopposed MOTION for Leave to File To file a corrected version of First Banks' motion for partial summary judgment on liability by HOWARD R. ROSS, FIRST BANKS, INC. Service: 1/11/05. Response due by 1/28/2005 (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 207 Filed: 1/10/2005, Entered: 1/12/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Plaintiff MOTION for Leave to supplement or revise the expert report of Homer J. Holland by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC..Service: 1/10/05. Response due by 1/27/2005 (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 206 Filed: 1/10/2005, Entered: 1/11/2005 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STATUS CONFERENCE ORDER: Status Conference set for 1/13/2005 02:30 PM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 205 Filed: 1/7/2005, Entered: 1/11/2005, Terminated: 1/14/2005 Unpublished OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    UNPUBLISHED OPINION re: [190] MOTION to Dismiss pursuant to Rule 12(b)(1) MOTION to Stay Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint MOTION to Stay Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint MOTION to Strike MOTION to Strike, In accordance with the Court's December 3, 2004 Order, the parties shall contact chambers within five days from the date of this Order to schedule a status conference. the purpose of the status conference is to set a course of further proceedings in this case in anticipation of a trail on damages to commence on October 17, 2005. At the status conference, the Court will reinstate defendant's obligation to respond to both plaintiffs' second amended complaint and First Banks' motion for summary judgment on liability. filed by USA, . Signed by Judge George W. Miller. (lg1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 204 Filed: 1/7/2005, Entered: 1/10/2005, Terminated: 1/14/2005 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Clarification by USA.Service: 01/07/05 by hand. Response due by 1/21/2005 (mb2, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 203 Filed: 1/4/2005, Entered: 1/7/2005 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Order directing commencement of trial for October 17, 2005. Signed by Judge George W. Miller. (eph, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 202 Filed: 12/28/2004, Entered: 1/2/2005 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE to [201] MOTION for Leave to File a statement in response to defendant's proposed schedule and stipulation in order to correct certain factual errors, etc. filed by USA. Reply due by 1/11/2005. Service: 12/28/2004.(hw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 200 Filed: 12/21/2004, Entered: 12/28/2004 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY to Response to Motion re [190] MOTION to Dismiss pursuant to Rule 12(b)(1) MOTION to Stay Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint MOTION to Stay Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint MOTION to Strike MOTION to Strike filed by USA. Service: 12/21/04.(vro, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 201 Filed: 12/17/2004, Entered: 12/29/2004 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File a statement in response to defendant's proposed schedule and stipulation in order to correct certain factual errors, etc. by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC.Service: 12/17/2004. Response due by 1/3/2005 (hw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 199 Filed: 12/16/2004, Entered: 12/22/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Proposed Schedule and Proposed Stipulation of Plaintiff, First Banks, INc. by USA. Service: 12/16/04.(jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 198 Filed: 12/16/2004, Entered: 12/22/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PROPOSED SCHEDULE FOR FURTHER PROCEEDINGS by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANKS, INC. Service: 12/16/04.(jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 197 Filed: 12/16/2004, Entered: 12/22/2004 Stipulation
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    STIPULATION by HOMER J. HOLLAND, HOWARD R. ROSS, FIRST BANKS, INC., FIRST BANKS, INC. Service: 12/16/04.(jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Legal Document (Payment Possibly Required) 217 Filed: 1/14/2005, Entered: 1/19/2005 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [207] Motion for Leave to File expert report of Homer J. Holland Signed by Judge George W. Miller. (eph, )
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Request RequestSpace LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 196 Filed: 12/10/2004, Entered: 12/16/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        FURTHER OPPOSITION to [190] MOTION to Dismiss pursuant to Rule 12(b)(1) MOTION to Stay Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint MOTION to Stay Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint MOTION to Strike MOTION to Strike filed by FIRST BANKS, INC., HOMER J. HOLLAND, HOWARD R. ROSS. Reply due by 12/27/2004. Service: 12/10/2004.(lg1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 195 Filed: 12/3/2004, Entered: 12/10/2004 Order on Motion to StayCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER: The portion of dft's motion requesting leave to file an opposition is GRANTED. Dft's Opposition to Pltfs' Motion for Leave to File a Motion for Partial Summary Judgment which was attached to dft's motion for leave to file, shall be filed as of this date. The portion of dft's motion requesting that the Court withdraw its 11/18/2004 order is DENIED. The Court will, however, temporarily stay dft's obligation to respond to pltfs' motion for summary judgment in favor of First Banks pending resolution of Dft's Motion to Dismiss in Part, Strike Portions of Pltfs' Second Amended Complaint, and to Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint. The portion of dft's 11/19/2004 motion relating to dft's request to suspend temporarily the obligation to respond to the remainder of pltfs' second amended complaint is GRANTED. Pltfs shall file by Friday, 12/10/2004, a further opposition to Dft's 11/19/2004 motion. Dft shall file a reply brief in support of its 11/19/2004 motion by Tuesday, 12/21/2004. The parties shall also confer regarding the contents of a written statement by pltf First Banks. Pltfs shall file that statement by Thursday, 12/16/2004. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 12/3/2004, Entered: 12/10/2004 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Set/Reset Deadlines: Response due by 12/10/2004. Notice of Compliance due by 12/16/2004. Reply due by 12/21/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 194 Filed: 12/2/2004, Entered: 12/9/2004 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              PUBLISHED OPINION: [157] Dft's MOTION for Reconsideration is GRANTED. Upon reconsideration, dft's motion to dismiss, filed 12/2/2003 is GRANTED with respect to the claim of Messrs. Holland and Ross to recover damages consisting of increased borrowing costs allegedly incurred by WCHI in connection with the SAFSB acquisition. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 12/2/2004, Entered: 12/2/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Set/Reset Transcript Deadlines: Transcript due by 1/3/2005. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 193 Filed: 11/30/2004, Entered: 12/6/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  OPPOSITION to [190] Dft's MOTION to Dismiss in Part, MOTION to Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint and MOTION to Strike Portions of Pltfs' Second Amended Complaint, filed by FIRST BANKS, INC., HOMER J. HOLLAND, HOWARD R. ROSS. Reply due by 12/14/2004. Service: 11/30/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 192 Filed: 11/23/2004, Entered: 11/30/2004 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    STATUS CONFERENCE ORDER: The parties shall appear for a Status Conference on Thursday, 12/2/2004 at 10:00 AM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 191 Filed: 11/19/2004, Entered: 11/23/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      OPPOSITION to [185] Pltfs' MOTION for Leave to File a Motion for Partial Summary Judgment in Favor of First Banks filed by USA. Reply due by 12/7/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 190 Filed: 11/18/2004, Entered: 11/22/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION to Dismiss in Part, MOTION to Strike Portions of Pltfs' Second Amended Complaint, and MOTION to Suspend Temporarily the Obligation to Respond to the Remainder of Pltfs' Second Amended Complaint, by USA. [FILED BY LEAVE OF THE JUDGE]Service: 11/17/2004 by hand. Response due by 12/15/2004. Response due by 12/15/2004. Response due by 12/15/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 189 Filed: 11/18/2004, Entered: 11/22/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [186] Pltf's Motion for Leave to File Corrected Copies of Cetificate of Service in connection with Pltfs' Motion for Leave to File a Motion for Partial Summary Judgment. Pltfs' Corrected Copies of Certificate of Service, attached to pltfs' 11/4/2004 motion, shall be filed as of this date. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 188 Filed: 11/18/2004, Entered: 11/22/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for Partial Summary Judgment on Liability, by FIRST BANKS, INC.Service: 10/28/2004. Response due by 12/20/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 187 Filed: 11/18/2004, Entered: 11/22/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting [185] Pltfs' Motion for Leave to File a Motion for Partial Summary Judgment in Favor of First Banks. Pltf First Banks' Motion for Partial Summary Judgment on Liability, which motion was attached to pltfs' Motion for Leave, shall be filed as of this date. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 186 Filed: 11/4/2004, Entered: 11/8/2004, Terminated: 11/18/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Leave to File Corrected Copies of Certificates of Service by FIRST BANKS, INC., HOMER J. HOLLAND, HOWARD R. ROSS.Service: 11/4/2004. Response due by 11/22/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 185 Filed: 11/3/2004, Entered: 11/5/2004, Terminated: 11/18/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Leave to File a Motion for Partial Summary Judgment in Favor of First Banks by FIRST BANKS, INC., HOMER J. HOLLAND, HOWARD R. ROSS.Service: 10/28/2004. Response due by 11/15/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 184 Filed: 10/28/2004, Entered: 10/30/2004 Second Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SECOND AMENDED COMPLAINT. Service: 10/28/2004.(hw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 183 Filed: 10/5/2004, Entered: 10/7/2004 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      PUBLISHED OPINION: The [161] Joint MOTION to Join First Banks and MOTION for Leave to File the Second Amended Complaint is GRANTED in part and DENIED in part. Pltfs may amend their complaint to add First Banks as a pltf pursuant to RCFC 15(a). Pltfs are not permitted to amend their complaint in order to proceed in this action as assignees of River Valley's claims. To that extent, their motion for leave to file a second amended complaint is denied. The Court ORDERS that pltfs Holland and Ross and First Banks shall file a further amended complaint consistent witht this Opinion and Order by Friday, 10/29/2004. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 181 Filed: 6/18/2004, Entered: 6/23/2004 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE to [176] Memorandum filed by HOMER J. HOLLAND and HOWARD R. ROSS. Service: 6/18/04.(dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 180 Filed: 6/8/2004, Entered: 6/10/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [178] Dft's Motion for Leave to File a Supplemental Brief. Dft's supplemental brief, included with its Motion for Leave to File, shall be considered filed as of this date. Pltfs shall have until Friday, 6/25/2004 to file a response to dft's supplemental brief, should they choose to do so. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 179 Filed: 5/13/2004, Entered: 5/17/2004 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to [176] Dft's Memorandum Submitted in Accordance With the Court's Order Dated 4/30/2004, filed by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 5/13/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 178 Filed: 5/13/2004, Entered: 5/17/2004, Terminated: 6/8/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File a Supplemental Brief by USA.Service: 5/13/2004 by hand. Response due by 5/27/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 177 Filed: 5/7/2004, Entered: 5/10/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                SCHEDULING ORDER: The Court ORDERS that the portion of dft's 5/5/2004 filing that begins at roman numeral two on page four shall be STRICKEN from the record in this cse. The Court will allow dft to file, by 5/21/2004, a motion for leave to file a supplemental brief. Pltfs are ORDERED to file by 5/13/2004, their response to the arguments contained under the heading roman numeral one of dft's 5/5/2004 filing. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 176 Filed: 5/5/2004, Entered: 5/7/2004 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MEMORANDUM Submitted in Accordance With the Court's Order Dated 4/30/2004 by USA. Service: 5/5/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 175 Filed: 5/3/2004, Entered: 5/5/2004 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    TRANSCRIPT of Proceedings in One Volume held on 4/29/2004 before Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 174 Filed: 4/30/2004, Entered: 5/4/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      SCHEDULING ORDER: Dft shall file by 5/6/2004, a memorandum describing the communicaitons and what if any impact they should have on the Court's analysis of the joint motion of pltfs anf First Banks to join First Banks as a party under RCFC 17(a). Pltfs shall file a Response by 5/13/2004. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 4/29/2004, Entered: 4/29/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Minute Entry for proceedings held before Judge George W. Miller : Oral Argument held on 4/29/2004. (ap1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 4/29/2004, Entered: 4/29/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Set/Reset Transcript Deadlines: Transcript due by 6/1/2004. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 173 Filed: 4/20/2004, Entered: 4/22/2004 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY in Support of [161] Pltfs' and Intervenor's MOTION for Join First Banks and MOTION for Leave to File the Second Amended Complaint, filed by HOMER J. HOLLAND, HOWARD R. ROSS. [FILED BY LEAVE OF THE JUDGE] (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 172 Filed: 4/20/2004, Entered: 4/22/2004 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER granting [169] Pltf's Motion for Leave to Exceed Page Limit of Reply in Support of Motion to Join First Banks and for Leave to File the Second Amended Complaint by 17 pages. The pltf's reply, which was attached to its motion to exceed the page limitation, shall be filed as of this date. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 171 Filed: 4/20/2004, Entered: 4/22/2004 Order Setting Oral Argument/Hearing on MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER Setting Hearing on Motion re: [160] Dft's MOTION for an Award of Costs, and [161] Pltf's and Third-Party First Banks, Inc.'s MOTION to Join First Banks as a Plaintiff and MOTION for Leave to File the Second Amended Complaint: Oral Argument set for Thursday, 4/29/2004 02:30 PM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 170 Filed: 4/20/2004, Entered: 4/22/2004 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  REPLY in Further Support of [160] Dft's MOTION for Costs in Responding to the Supplemental Expert Reports of Dr. Holland and Dr. Murphy, filed by USA. Service: 4/20/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 169 Filed: 4/16/2004, Entered: 4/21/2004, Terminated: 4/20/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Leave to Exceed Page Limit of Reply in Support of Motion to Join First Banks and for Leave to File the Second Amended Complaint by 17 pages pages by HOMER J. HOLLAND and HOWARD R. ROSS.Service: 4/16/04. Response due by 5/3/2004. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 168 Filed: 4/12/2004, Entered: 4/13/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE to [161] MOTION for Joinder MOTION for Leave to File the Second Amended Complaint filed by USA.Reply due by 4/16/2004. Service by hand: 4/7/04.(dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 167 Filed: 4/12/2004, Entered: 4/13/2004 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER granting [166] Motion for Leave to File Excess Pages with respect to Opposition to Joint Motions of Messrs. Holland and Rose and Third Party First Banks, Inc., etc. Signed by Judge George W. Miller. (dw1)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 166 Filed: 4/7/2004, Entered: 4/8/2004, Terminated: 4/12/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION for Leave to Exceed Page Limit of Dft's Opposition to the Joint Motion of Messrs. Holland and Ross and Third Party First Banks, Inc. to Join First Banks, Inc. as a Plaintiff and for Leave to File the Second Amdended Complaint by 16 pages by USA.Service: 4/7/2004 by hand. Response due by 4/21/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 165 Filed: 4/6/2004, Entered: 4/8/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE to [160] Dft's MOTION for Costs in Responding to Supplemental Expert Reports, filed by HOMER J. HOLLAND, HOWARD R. ROSS. Reply due by 4/20/2004. Service: 4/6/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 164 Filed: 4/2/2004, Entered: 4/6/2004 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ERRATA: Please substitute the attached pages 1 and 4-9 for the corresponding pages in the Opinion and Order filed on 3/9/2004. The attached substitute pages are intended to correct typographical errors and errors in the form of legal citations. No substantive changes are intended.Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 163 Filed: 3/30/2004, Entered: 4/1/2004 Disclosure Statement - Rule 7.1
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Rule 7.1 Disclosure Statement by FIRST BANKS, INC. Service: 3/30/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 162 Filed: 3/29/2004, Entered: 3/31/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE to [157] Dft's MOTION for Reconsideration - Rule 59(a) re: [154] Published Opinion, filed by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 3/29/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 161 Filed: 3/24/2004, Entered: 3/29/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION to join First Banks, Inc. as a Plaintiff and MOTION for Leave to File the second amended complaint by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 3/24/04 by hand. Response due by 4/7/2004 (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 160 Filed: 3/23/2004, Entered: 3/25/2004 Motion for Miscellaneous Relief
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Costs in Responding to the Supplemental Expert Reports of Dr. Holland and Dr. Murphy, by USA.Service: 3/23/2004 by hand. Response due by 4/6/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 159 Filed: 3/18/2004, Entered: 3/22/2004 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SCHEDULING ORDER: The Court, therefore, ORDERS that pltfs shall have until 3/29/2004 to file a response to dft's motion for reconsideration. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 158 Filed: 3/18/2004, Entered: 3/22/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          NOTICE With Respect to the Production of Documents Responsive to the Pltfs' Subpoenas Duces Tecum by USA. Service: 3/18/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 157 Filed: 3/16/2004, Entered: 3/18/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for Reconsideration - Rule 59(a) re: [154] 3/9/2004 Published Opinion, by USA.Service: 3/16/2004 by hand. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 182 Filed: 3/11/2004, Entered: 7/29/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of New Authority: American Capital Corp, et al v. United States, by HOMER J. HOLLAND, HOWARD R. ROSS. [FILED BY LEAVE OF THE JUDGE] (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 156 Filed: 3/11/2004, Entered: 3/12/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER granting [151] Motion for Leave to File Notice of New Authority. Signed by Judge George W. Miller. (dw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 154 Filed: 3/9/2004, Entered: 3/11/2004 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PUBLISHED OPINION AND ORDER: [111] Dft's MOTION to Dismiss, treated as a motion for summary judgment, is GRANTED as to pltfs' claims for the following elements of damages allegedly caused by the government's breach: (See order for details). Dft's Motion is DENIED with respect to pltfs' claim for damages due to higher interest rates that Holland and Ross Allege that they were required to pay in connection with their acquisition of SAFSB as a result of the government's breach. The Court further ORDERS that pltfs shall have until 3/30/2004 to either file a motion for leave to amend their complaint to seek to assert, as assignees, claims of River Valley or to attempt to joint First Banks as a party. Additionally, the Court will permit First Banks, by 3/30/2004, to seek leave to join as a pltf in this case. If pltfs or First Banks do not act by 3/30/2004, or if the Court denies pltfs' motion for leave to amend their complaint or precludes First Banks from joining this action, then the case will proceed on the sole remaining claim for damages.Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 153 Filed: 3/9/2004, Entered: 3/10/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CORRECTED MOTION for Summary Judgment as to Damages by USA.Service: 3/5/2004 by hand. Response due by 4/2/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 152 Filed: 3/9/2004, Entered: 3/10/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [150] Dft's Motion for Leave to File a Corrected Copy of its Summary Judgment Motion and to File the Original Affidavit of Nicholas C. Wilson. The Court ORDERS that dft's corrected copy of its summary judgment motion and the original affidavit of Nicholas C. Wilson, which were included with dft's motion for leave, shall be filed as of this date. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 151 Filed: 3/8/2004, Entered: 3/10/2004, Terminated: 3/11/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to File Notice of New Authority by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 3/8/2004. Response due by 3/25/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 155 Filed: 3/5/2004, Entered: 3/11/2004 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          TRANSCRIPT of Proceedings in One Volume held on 3/4/2004 before Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 150 Filed: 3/5/2004, Entered: 3/9/2004, Terminated: 3/9/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for Leave to File a Corrected Copy of Dft's Summary Judgment Motion as to Damages and to File the Original Affidavit of Nicholas C. Wilson by USA.Service: 3/5/2004 by hand. Response due by 3/19/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 149 Filed: 3/5/2004, Entered: 3/8/2004 Order on Motion for Leave to File Excess PagesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER: The March 10, 2004 deadline for Appendix A filings described in Judge Horn's 12/9/2003 Order is abrogated. The March 17, 2004 pretrial conference is cancelled. The March 30, 2004 trial date is cancelled. Pltfs' obligation to respond to dft's Motion to Summary Judgment is STAYED pending resolution of issues relating to the nature and scope of pltfs' remaining claims and the identity of any additional parties that will be participating in this case. Consideration of whether pltfs need to supplement the reports of their damages experts in light of the depositions recently concluded and, if so, how the costs of doing so should be allocated is likewise STAYED. Dft shall file, as promptly as practicable, a signed, original declaration of Nicholas C. Wilson, in connection with its Motion for Summary Judgment. [146] Dft's Motion for Leave to Exceed the Page Limitation Applicable to its Motion for Summary Judgment is GRANTED. Dft shall file and serve a further report by 3/19/2004 regarding the time when dft expects to produce the additional documents described in the Court's 2/19/2004 Order. Pltfs' motion for costs, is DENIED. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 148 Filed: 3/4/2004, Entered: 3/8/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION for Summary Judgment as to Damages, Together with Separately Bound Appendix Volume by USA. [FILED BY LEAVE OF THE JUDGE]Service: 3/2/2004 by hand. Response due by 3/30/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 147 Filed: 3/4/2004, Entered: 3/8/2004 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact by USA. [FILED BY LEAVE OF THE JUDGE] Service: 3/2/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 3/4/2004, Entered: 3/4/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Minute Entry for proceedings held before Judge George W. Miller : Oral Argument and status conference held on 3/04/2004. (ap1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 3/3/2004, Entered: 3/3/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Set/Reset Transcript Deadlines: Transcript due by 4/5/2004. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 146 Filed: 3/2/2004, Entered: 3/3/2004, Terminated: 3/5/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to Exceed Page Limit of Dft's Motion for Summary Judgment as to Damages by 45 pages by USA.Service: 3/2/2004 by hand. Response due by 3/16/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 145 Filed: 3/1/2004, Entered: 3/2/2004 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY in Support of [137] Pltfs' Answers to the Questions of the Court in its Order of 2/19/2004 filed by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 2/27/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 144 Filed: 3/1/2004, Entered: 3/2/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [143] Pltfs' Motion for Leave to File a reply in support of their answers to the questions of the court. No more filings shall be permitted in connection with dft's Motion to Dismiss, unless requested by the Court. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 143 Filed: 2/27/2004, Entered: 3/1/2004, Terminated: 3/1/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File a Reply in Support of Their Answers to the Questions of the Court in its Order of 2/19/2004 by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 2/27/2004. Response due by 3/15/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 142 Filed: 2/27/2004, Entered: 3/1/2004 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                RESPONSE to plaintiffs' Answers to the Questions of the Court in its Order of February 19, 2004. filed by USA. Service: 02/25/2004.(lld, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 141 Filed: 2/27/2004, Entered: 3/1/2004 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [140] Motion for Leave to File Response to Plaintiffs' Answers to the Questions of the Court Signed by Judge George W. Miller. (lld, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 138 Filed: 2/26/2004, Entered: 2/29/2004 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    NOTICE concerning the Amount of Time Necessary to Complete its Search for Common and Case Specific Documents in Accordance with the Court's Order Dated February 19, 2004, and MOTION for Leave to File Supplemental Response by USA.Service: 02/26/2004. Response due by 3/15/2004 (lld, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 140 Filed: 2/25/2004, Entered: 3/1/2004, Terminated: 2/27/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File Response to Shareholder Plaintiffs' Answers to the Questions of the Court in its Order of 2/19/04 by USA.Service: 2/25/04. Response due by 3/15/2004 (jat, ) Modified on 3/1/2004 (jat, ).
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 139 Filed: 2/24/2004, Entered: 3/1/2004 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        TRANSCRIPT of Proceedings in One Volume held on 2/18/2004 before Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 137 Filed: 2/23/2004, Entered: 2/29/2004 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ANSWERS to the Questions of the Court in its [136] Order of 2/19/2004, filed by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 2/23/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 2/20/2004, Entered: 2/20/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Set/Reset Transcript Deadlines: Transcript due by 3/18/2004. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 136 Filed: 2/19/2004, Entered: 2/27/2004 Order on Motion for Protective OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER denying [133] Motion for Protective Order Quashing Plaintiffs' Subpoena of Documents. Defendant shall, incident to the depositions of Messrs. Curtin, Earle, Kenny, Madson, Meyer, Morse, Wright, Rada, and Harootunian, produce all documents responsive to plaintiffs' subpoenas that have not already been produced by the government in common discovery in Winstar-related litigation or otherwise in connection with this litigation. Defendant shall promptly ascertain how much time it needs to comply with this order and submit to court, and serve upon plaintiffs, a filing to advise the Court and Plaintiffs as to when Defendant expects to be able to produce responsive documents that have not already been produced, or to advise plaintiffs' counsel that no such documents exist. In the event that Plaintiffs receive documents in response to a subpoena after the conclusion of a depositionm the court ORDERS that plaintiffs shall be GRANTED leave to reconvene the deposition so that they might inquire about the newly produced documents. The Court ORDERS that plaintiffs shall bear the cost of reconvening the deposition, including the costs to the witness of appearing for further questionsing, as well as Defendant's attorneys' fees and expenses associated with defending any such reconvened deposition. The parties shall confer with a view toward investigating the matter of alleged destruction of documents and attempting to reach a mutually satisfactory resolution. Plaintiffs shall file and serve a written response to defendant's supplemental brief by February 23, 2004. Signed by Judge George W. Miller. (lld, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 2/19/2004, Entered: 2/27/2004 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Set/Reset Deadlines: . Response due by 2/23/2004 (lld, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 2/18/2004, Entered: 2/18/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Minute Entry for proceedings held before Judge George W. Miller : Oral Argument held on 02/18/04. (ga1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 135 Filed: 2/17/2004, Entered: 2/25/2004 Supplemental BriefCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SUPPLEMENTAL BRIEF addressing new authorities raised by Plaintiffs during oral argument. Filed by leave of the Judge. Service: 2/13/04.(jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 134 Filed: 2/17/2004, Entered: 2/23/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE to [133] MOTION to Expedite MOTION for Protective Order filed by HOMER J. HOLLAND, HOWARD R. ROSS. Reply due by 3/2/2004. Service: 2/17/04.(vro, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 133 Filed: 2/13/2004, Entered: 2/23/2004, Terminated: 2/19/2004 Motion to Expedite
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Protective Order Quashing Plaintiffs' Subpoena of Documents and for Expedited Briefing and Consideration by USA.Service: 2/13/04 by hand. Response due by 2/27/2004 Response due by 2/27/2004 (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 132 Filed: 2/9/2004, Entered: 2/13/2004 Order on Motion in LimineCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER: If the Dft wishes to submit a supplemental brief, it must do so by Friday, 2/13/2004. If Dft chooses to file a Motion for Summary Judgment, that motion shall be filed by noon on 3/2/2004. The other deadlines provided for in Judge Horn's Order of 12/9/2003 shall remain in effect. [117] Pltf's Motion to Exclude Witnesses is DENIED as to seven persons (Messrs. J. Richard Earle, Larry Kenny, J. Peter Madson, james Meyer, Dean Morse, John Rada, and James M. Wright). Pltf's Motion to Exclude Witnesses is GRANTED as to the remaining six persons (Messrs. Denis Harootunian, Gary J. Curtin, Richard F. Johnson, Jr., Ron Leonard, John Weier, and Ms. Nancy Griffin). The parties shall appear for oral argument and a status conference on Thursday, 3/4/2004 at 2:30 pm at the National Courts Building. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 131 Filed: 2/9/2004, Entered: 2/12/2004 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of Proceedings in One Volume held on 2/5/2004 before Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 130 Filed: 2/9/2004, Entered: 2/12/2004 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Leave to File Submit the Fully Executed Version of a Document Already on the Record by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 2/9/2004. Response due by 2/26/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 2/9/2004, Entered: 2/13/2004 Set Deadlines/Hearings:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Set Deadlines/Hearings: Dispositive Motion(s) due by 3/2/2004. Status Conference set for 3/4/2004 02:30 PM in National Courts Building before Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 2/6/2004, Entered: 2/6/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Minute Entry for proceedings held before Judge George W. Miller : Status Conference and oral argument held on 02/05/04. (Miller, George)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank -- Filed: 2/4/2004, Entered: 2/4/2004
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Set/Reset Transcript Deadlines: Transcript due by 3/5/2004. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 129 Filed: 2/3/2004, Entered: 2/9/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      NOTICE of Firm Registration as an LLP and Name Change by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 2/3/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 128 Filed: 1/28/2004, Entered: 2/2/2004 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STATUS CONFERENCE ORDER: The Court does hereby order that the parties appear for a Status Conference on Thursday, 2/5/2004 02:30 PM in National Courts Building before Judge George W. Miller. Signed by Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 127 Filed: 1/26/2004, Entered: 1/30/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE to [126] Dft's MOTION for Status Conference filed by HOMER J. HOLLAND, HOWARD R. ROSS. Reply due by 2/9/2004. Service: 1/26/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 126 Filed: 1/23/2004, Entered: 1/29/2004 Motion for Hearing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for a Scheduling Conference by USA.Service: 1/23/2004 by hand. Response due by 2/6/2004. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 125 Filed: 1/21/2004, Entered: 1/27/2004 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of Service of Dft's Supplemental Expert Reports of W. Barefoot Bankhead, Andrew S. Carron and Paul A. Griffin Pursuant to the [113] Court's Order Filed 12/9/2003, by USA. Service: 1/21/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 124 Filed: 1/15/2004, Entered: 1/21/2004 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY in Support of [117] Pltf's MOTION in Limine to Preclude Dft From Presenting at Trial Certain Witnesses That Dft Indentified Last Week - Four Years After The Deadline For Such Disclosures - and For Costs Resulting From Dft's Untimely Disclosure filed by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 1/15/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 123 Filed: 1/15/2004, Entered: 1/21/2004 Notice of ReassignmentCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Reassignment to Judge George W. Miller. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 122 Filed: 1/15/2004, Entered: 1/21/2004 Order Reassigning CaseCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER REASSIGNING CASE. For the purpose of constructing a docket for Judge George W. Miller, the most recent member of the court, this case is, hereby TRANSFERRED to the docket of Judge George W. Miller, pursuant to Rule 40.1 of the RCFC for all further proceedings. Judge Miller has consented to take the case. The court DIRECTS the clerk of the court to transfer the case to Judge Miller's docket. Judge Marian Blank Horn no longer assigned to case. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 121 Filed: 1/6/2004, Entered: 1/12/2004 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      OPPOSITION to [117] Pltfs' MOTION in Limine to Preclude Dft From Presenting at Trial Certain Witnesses That Dft Indentified Last Week - Four Years After The Deadline For Such Disclosures - and For Costs Resulting From Dft's Untimely Disclosure, Together with Two (2) Separately Bound Appendix Volumes filed by USA. Reply due by 1/15/2004. Service: 1/6/2004 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 120 Filed: 1/6/2004, Entered: 1/9/2004 Order Cancelling Deadline/HearingCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER Cancelling Deadline/Hearing: The status conference, scheduled for Wednesday, 1/14/2004 is, hereby, postponed, subject to a subsequent scheduling conference. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 119 Filed: 12/31/2003, Entered: 1/4/2004 Stipulation
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          JOINT STIPULATION of facts, together with nine volumes of appendix (contained in 10 parts), filed by all parties. (dls)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 118 Filed: 12/24/2003, Entered: 12/30/2003 Description not available
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY in Support of [111] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by USA. Service: 12/24/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 117 Filed: 12/23/2003, Entered: 12/30/2003, Terminated: 2/9/2004 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION in Limine to Preclude Dft From Presenting at Trial Certain Witnesses That Dft Indentified Last Week - Four Years After The Deadline For Such Disclosures - and For Costs Resulting From Dft's Untimely Disclosure by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 12/23/03. Response due by 1/9/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 116 Filed: 12/23/2003, Entered: 12/30/2003 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Service by Hand to Dft of the First Supplemental Expert Report and Declaration of Dr. Homer J. Holland and the First Supplemental Expert Report and Declaration of Dr. Neil B. Murphy by HOMER J. HOLLAND, HOWARD R. ROSS. Service: 12/23/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 115 Filed: 12/17/2003, Entered: 12/22/2003 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE to [111] Dft's MOTION to Dismiss Pursuant to Rule 12(b)(6) filed by HOMER J. HOLLAND, HOWARD R. ROSS. Reply due by 12/24/2003. Service: 12/17/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 114 Filed: 12/9/2003, Entered: 12/12/2003 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    CORRECTED AMENDED COMPLAINT. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 113 Filed: 12/9/2003, Entered: 12/12/2003 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER: The parties shall file a joint stipulation of facts on or before Wednesday, 12/31/2003. The pltfs are to file a response to the dft's motion to dismiss on or before Wednesday, 12/17/2003. The dft shall file a reply on or before Wednesday, 12/24/2003. The parties shall appear for a status conference and argument on the motion to dismiss on Wednesday, 1/14/2004 at 10:30 am at the National Courts Building. On Wednesday, 12/31/2003, the pltfs shall filed a brief statement with the court. On Wednesday, 1/21/2004, the dft shall file a brief statement with the court. The court, hereby, tentatively SCHEDULES trial to begin Tuesday, 3/30/2004 at 9:00 am through Friday, 4/16/2004, at the National Courts Building. The Appendix A filings are due to be filed with the court on or before Wednesday, 3/10/2004. A pretrial conference will take place on Wednesday, 3/17/2004 at 10:30 am at the National Courts Building. Both parties shall appear in person. Finally, the court GRANTS [108] Pltfs' Motion for Leave to File a Corrected Amended Complaint and DIRECTS the clerk of the court to file pltfs' corrected amended complaint. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 12/9/2003, Entered: 12/12/2003 Set/Reset Hearings
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Set/Reset Hearings: Pretrial Conference set for 3/17/2004 10:30 AM in National Courts Building before Judge Marian Blank Horn. Status Conference set for 1/14/2004 10:30 AM in National Courts Building before Judge Marian Blank Horn. Trial set for 3/30/2004 09:00 AM in National Courts Building before Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank -- Filed: 12/9/2003, Entered: 12/12/2003 Set/Reset Deadlines:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Set/Reset Deadlines: Appendix A Filings due by 3/10/2004. Brief due by 12/31/2003. Response due by 12/17/2003. Memorandum due by 12/31/2003. Notice of Compliance due by 1/21/2004. Reply due by 12/24/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 112 Filed: 12/4/2003, Entered: 12/10/2003 TranscriptCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of Proceedings in One Volume held on 12/3/2003 before Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank -- Filed: 12/3/2003, Entered: 12/3/2003
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Set/Reset Transcript Deadlines: Transcript due by 1/5/2004. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 111 Filed: 12/2/2003, Entered: 12/5/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION to Dismiss Pursuant to Rule 12(b)(6) by USA.Service: 12/2/03. Response due by 1/2/2004.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 110 Filed: 12/2/2003, Entered: 12/5/2003 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  MOTION for Leave to Submit Proposed Scheduling Order in Anticipation of Status Conference by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 12/2/03. Response due by 12/19/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 109 Filed: 11/25/2003, Entered: 12/2/2003 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE to [108] Pltfs' MOTION for Leave to File Corrected Amended Complaint filed by USA. Reply due by 12/9/2003. Service: 11/25/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 108 Filed: 11/25/2003, Entered: 12/2/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File Corrected Amended Complaint by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 11/25/03 by hand. Response due by 12/9/2003 (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 107 Filed: 11/24/2003, Entered: 12/2/2003 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STATUS CONFERENCE ORDER: The court GRANTS the pltf's unopposed request to reschedule the Status Conference previously scheduled for Thursday, 12/4/2003. The court RESCHEDULES the Status Conference for Wednesday, 12/3/2003 11:00 AM in National Courts Building before Judge Marian Blank Horn. Both parties shall appear in person. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 106 Filed: 11/21/2003, Entered: 12/1/2003 Order on Motion for HearingCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER granting [105] Dft's Motion for a Scheduling Order. The parties are to appear for a Status Conference on Thursday, 12/4/2003 10:30 AM in National Courts Building before Judge Marian Blank Horn. Counsel for both parties may appear by telephone. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 105 Filed: 11/19/2003, Entered: 11/25/2003, Terminated: 11/21/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION for a Scheduling Conference for the Purpose of Establishing Certain Deadlines, by USA.Service: 11/19/03. Response due by 12/8/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 104 Filed: 11/12/2003, Entered: 11/17/2003 Amended Complaint
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              AMENDED COMPLAINT. Service: 11/12/03 by hand.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 103 Filed: 11/5/2003, Entered: 11/10/2003 Order on Motion For Leave to File.Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                ORDER: The joint stipulation of fact are to be filed in lieu of the filing of proposed findings of uncontroverted fact by each party, accompanied by each party's response to the other party's proposed findings of uncontroverted fact. Therefore, the [101] Dft's Motion for Leave to File Dft's Statement of Proposed Facts is DENIED. The dft shall retrieve the boxes containing its proposed facts from the clerk's office of the USCFC. The parties are ORDERED to file joint stipulations of fact in the manner described above on or before Wednesday, 12/31/2003. The status conference previously scheduled for Wednesday, 11/19/2003 will take place on Tuesday, 1/6/2004 at 10:00 am at the National Courts Building. Counsel for both parties shall appear in person. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank -- Filed: 11/5/2003, Entered: 11/10/2003 Set/Reset Hearings
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Set/Reset Hearings: Status Conference set for 1/6/2004 10:30 AM in National Courts Building before Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 102 Filed: 10/27/2003, Entered: 10/29/2003 Motion for Extension of Time
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION for Extension of Time until 10/29/03 to file Proposed Statement of Facts Pursuant to the Court's Order of August 15, 2003 by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 10/27/03. Response due by 11/13/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 101 Filed: 10/27/2003, Entered: 10/29/2003, Terminated: 11/5/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File Dft's Statement of Proposed Facts by USA.Service: 10/27/03 by hand. Response due by 11/10/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 100 Filed: 10/24/2003, Entered: 10/28/2003 Motion for Extension of Time
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        JOINT MOTION for Extension of Time until 10/27/03 to file Joint Stipulation of Facts by HOMER J. HOLLAND, HOWARD R. ROSS, USA. (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 99 Filed: 10/24/2003, Entered: 10/28/2003 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          SCHEDULING ORDER:The court ORDERS the parties to appear for a Status Conference on Wednesday, 11/19/2003 10:30 AM in National Courts Building before Judge Marian Blank Horn. Counsel for both parties shall appear in person. The parties shall file the Amended Complaint, referred to in the court's October 23, 2003 order, on or before Wednesday, 11/12/2003. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 98 Filed: 10/23/2003, Entered: 10/27/2003 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER: As set forth in the parties' stipulation of dismissal, pursuant to Rule 41(a)(1)(ii) of the RCFC, the following claims outlined in the complaint are DISMISSED, with prejudice: Count IV, unjust enrichment, Count V, restitution, Count VI, reformation of contracts, Counts IX and X, frustration of purpose. Finally, for the sake of clarity and to narrow the issues in this case, the court ORDERS the pltfs to file an amended complaint. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 97 Filed: 10/21/2003, Entered: 10/23/2003 Stipulation
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              PARTIES' STIPULATION OF DISMISSAL OF COUNTS IV, V, VI, IX AND X OF THE COMPLAINT by HOMER J. HOLLAND, HOWARD R. ROSS, USA. (jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 96 Filed: 10/10/2003, Entered: 10/17/2003 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Joint Submission Describing Plaintiffs' Damages Claims and Setting Forth the Parties' Proposed Procedures for Resolution of Those Claims by HOMER J. HOLLAND, HOWARD R. ROSS, USA. Service: 10/10/03.(jat, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 95 Filed: 9/11/2003, Entered: 9/15/2003 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Appearance by John Hugh Roberson for USA. Service: 9/11/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 94 Filed: 8/26/2003, Entered: 8/26/2003 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    TRANSCRIPT of Proceedings held on August 14, 2003 before Judge Marian Blank Horn. (hw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 93 Filed: 8/20/2003, Entered: 8/22/2003 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION for Leave to File Status Report by USA.Service: 8/20/03. Response due by 9/8/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 92 Filed: 8/15/2003, Entered: 8/19/2003 Scheduling OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        SCHEDULING ORDER:The court held a status conference on August 14, 2003. Based on the discussions held between the parties, the court ORDERED the parties to comply with the following schedule: On or before Friday, 10/10/2003, the parties shall submit a Joint Status Report. On or before Friday, 10/24/2003, the parties shall submit joint stipulations of fact with a supporting appendix. The parties shall appear for a Status Conference on Thursday, 12/11/2003 10:00 AM in National Courts Building before Judge Marian Blank Horn. Counsel for both parties shall appear in person. The court sets a projected Trial date for the resolution of the damages issues in the case for Monday, 2/2/2004, to and including, Friday, 2/20/03, if necessary before Judge Marian Blank Horn. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 91 Filed: 8/15/2003, Entered: 8/19/2003 Order on Motion for ReconsiderationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER: The court ruled on the dft's motion at the status conference held by the court on August 14, 2003, a transcript of the proceedings is available. Based on the court's discussion at the August 14, 2003 status conference, the [90] Dft's Motion for Reconsideration of the June 30, 2003 Opinion is DENIED. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank -- Filed: 8/15/2003, Entered: 8/15/2003
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Set/Reset Transcript Deadlines: Transcript due by 9/15/2003. (vp1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 90 Filed: 8/13/2003, Entered: 8/15/2003, Terminated: 8/15/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION for Reconsideration of the Conclusions of that Court That Pltfs Entered Into Contracts Relating to Certain Incidents of Regulatory Capital in Connection With the Acquisition of Savings and Loans Undertaken by the River Valley thrifts by USA.Service: 8/13/03 by hand. Response due by 8/27/2003. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 89 Filed: 8/8/2003, Entered: 8/11/2003 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Appearance by Patrick Terrence Murphy for USA. Service: 8/8/03.(jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 88 Filed: 8/6/2003, Entered: 8/7/2003 Status Conference OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  STATUS CONFERENCE ORDER:The parties are to appear for a Status Conference on Thursday, 8/14/2003 03:00 PM in National Courts Building before Judge Marian Blank Horn. Counsel for both parties shall appear in person. Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 87 Filed: 7/30/2003, Entered: 8/1/2003 Published OpinionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    PUBLISHED OPINION: The court finds that the pltfs were parties to the contracts for the acquisition of Republic and Peoria Savings and DENIES [36] Dft's Motion to Dismiss. The [36] Dft's cross-motion for partial summary judgment regarding the treatment of the use of the $5 million in FSLIC preferred stock is DENIED. The [37] Pltfs' cross-motion for partial summary judgment on the dft's breach of contract for the acquisition of Galva, Home, and Mutual, which permitted the use of the $5 milion of preferred stock, $8 million of the FSLIC cash assistance, and $4.6 million of subordinated debt to be treated as regulatory capital, and the application of purchase method of accounting for goodwill, which would be recognized and written off over a twenty-five year period, is GRANTED. The [37] Pltfs' cross-motion for partial summary judgment on the dft's breach of contract in the Republic acquisition for the inclusion of $5 million of the FSLIC contribution as regulatory capital, the inclusion of the $2 million subordinated debenture as regulatory capital, and the twenty-five year amortization by the straight line method of the value of any intangible asset resulting from the application of push-down accounting in accounting for the purchase of Republic, is GRANTED. The [37] Pltfs' cross-motion for partial summary judgment regarding liability on the amortization of goodwill is GRANTED IN PART and DENIED IN PART. There remain material issues of fact in dispute on the issue of the length of the amortization period. The [36] dft's cross-motion for summary judgment on the Peoria Savings transaction is DENIED.Signed by Judge Marian Blank Horn. (jcp, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 86 Filed: 5/5/2003, Entered: 5/8/2003 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE to Motion re [85] MOTION for Leave to File to notify the Court of new authority: Coast Federal Bank filed by The United States. Reply due by 5/19/2003. Service: 5/5/03.(dw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 85 Filed: 4/22/2003, Entered: 4/27/2003 Motion for Leave to File
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION for Leave to notify the Court of new authority: Coast Federal Bank by HOMER J. HOLLAND, HOWARD R. ROSS.Service: 4/22/03. Response due by 5/9/2003 (hw1, )
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 84 Filed: 3/17/2003, Entered: 3/20/2003 Statement of Facts
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          CORRECTED JOINT STATEMENT OF ISSUES OF LAW by HOMER J. HOLLAND, HOWARD R. ROSS, and The United States. (lrd)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 83 Filed: 3/17/2003, Entered: 3/20/2003 Order on Joint MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER granting [81] Joint Motion for Leave to file a corrected joint statment of issues of law. Signed by Judge Marian Blank Horn. (lrd)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 82 Filed: 3/10/2003, Entered: 3/11/2003 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              RESPONSE by USA to [80-1] response by HOWARD R. ROSS and HOMER J. HOLLAND. Service: 3/10/03. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 81 Filed: 3/10/2003, Entered: 3/11/2003, Terminated: 3/17/2003 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                JOINT MOTION by HOMER J. HOLLAND, HOWARD R. ROSS and USA for Leave to file a corrected joint statment of issues of law . (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 80 Filed: 2/26/2003, Entered: 3/5/2003 ResponseCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE by HOMER J. HOLLAND, HOWARD R. ROSS pursuant to [77-3] order, by leave of the Judge. Service: 2/21/03. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 79 Filed: 2/26/2003, Entered: 3/5/2003 ResponseCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    RESPONSE by USA pursuant to [77-3] order, by leave of the Judge. Service: 2/21/03. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 78 Filed: 2/26/2003, Entered: 2/27/2003 StipulationCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Joint Stipulation by HOMER J. HOLLAND, HOWARD R. ROSS, and USA of facts, pursuant to November 27, 2002, Order (together with separate two volume appendix), filed by leave of the Judge. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 77 Filed: 11/27/2002, Entered: 12/2/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER Plaintiff's brief due 2/21/03 , and Defendant's reply brief due 3/10/03 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 76 Filed: 11/12/2002, Entered: 11/14/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by USA (Service: 11/8/02) to [75-1] motion for Leave to Notify the Court of New Authority: Coast Fed. Bank. Reply due: 11/25/02 (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 75 Filed: 10/25/2002, Entered: 10/28/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            MOTION by HOMER J. HOLLAND, HOWARD R. ROSS (Service : 10/25/02 ) for Leave to Notify the Court of New Authority: Coast Fed. Bank. Response due: 11/12/02 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 73 Filed: 8/29/2002, Entered: 9/4/2002 ~Notice (other)Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of new authority, with appendix, with respect to Castle by HOMER J. HOLLAND. Service: 8/26/02. Filed by leave of the Judge. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 74 Filed: 8/26/2002, Entered: 9/9/2002 ~Notice (other)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of New Authority by USA. Service by hand: 8/26/02. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 72 Filed: 6/24/2002, Entered: 6/25/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE by USA (Service: 6/21/02 ) to [71-1] motion for Leave to notify the court of the new decision in "Centex". Reply due: 7/8/02. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 71 Filed: 6/12/2002, Entered: 6/13/2002 Terminated: Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    AMENDED MOTION by HOMER J. HOLLAND (Service: 6/7/02) for Leave to notify the court of the new decision in "Centex" . Response due: 6/24/02. Filed by leave of the Judge. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 70 Filed: 6/12/2002, Entered: 6/13/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [65-1] motion for Leave to notify the court of new authority Defendant's response to Plaintiffs' brief regarding Centex Corp., et al. v. United States, No. 96-494C due 6/21/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 69 Filed: 6/6/2002, Entered: 6/7/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by HOMER J. HOLLAND, HOWARD R. ROSS (Service : 6/6/02 ) for Leave to Notify the Court of the New Decision in Centex (New Decision included) Response due: 6/24/02 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 68 Filed: 6/6/2002, Entered: 6/7/2002 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          REPLY by HOMER J. HOLLAND, HOWARD R. ROSS to response to [65-1] motion for Leave to notify the court of new authority Service: 6/6/02 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 67 Filed: 6/3/2002, Entered: 6/4/2002 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            RESPONSE by USA (Service: 6/3/02) to [65-1] motion for Leave to notify the court of new authority. Reply due: 6/17/02. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 66 Filed: 5/20/2002, Entered: 5/21/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              REPLY by USA to [64-1] response to defendant's supplemental memorandum by HOWARD R. ROSS, HOMER J. HOLLAND. Service by hand: 5/20/02 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 65 Filed: 5/17/2002, Entered: 5/20/2002, Terminated: 6/12/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by HOMER J. HOLLAND (Service: 5/17/02) for Leave to notify the court of new authority . Response due: 6/3/02. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 64 Filed: 5/6/2002, Entered: 5/7/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE by HOMER J. HOLLAND, HOWARD R. ROSS to [63-1] memorandum by USA. Service: 5/6/02 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 63 Filed: 4/22/2002, Entered: 4/23/2002 Memorandum
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SUPPLEMENTAL MEMORANDUM by USA in support of [36-1] motion to Dismiss, [36-2] motion for partial Summary Judgment by USA, and in opposition to [62-1] supplemental memorandum by HOWARD R. ROSS, HOMER J. HOLLAND. Service: 4/22/02 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 62 Filed: 4/11/2002, Entered: 4/12/2002 MemorandumCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      SUPPLEMENTAL MEMORANDUM by HOMER J. HOLLAND, HOWARD R. ROSS re: [37-1] motion for Partial Summary Judgment on liability by HOWARD R. ROSS, HOMER J. HOLLAND, by leave of the Judge. Service: 4/5/02. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 61 Filed: 3/8/2002, Entered: 3/11/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        RESPONSE by USA to the Court's inquiry at the 2/26/02 status conference. Service: 3/8/02. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 60 Filed: 3/6/2002, Entered: 3/7/2002 Response
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by HOMER J. HOLLAND to the Court's inquiry. Service: 3/6/02. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 59 Filed: 3/4/2002, Entered: 3/5/2002 Transcript
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            TRANSCRIPT of proceedings re: status conference, 1 volume, at Washington, D.C., for date of February 26, 2002. Notice to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 58 Filed: 3/1/2002, Entered: 3/4/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              ORDER Defendant's supplemental memorandum due 4/22/02 and Plaintiff's supplemental memorandym due 4/5/02 , Plaintiff's response to Defendant's supplemental memorandum due 5/6/02 , and Defendant's reply to Plaintiff's response to Defendant's supplemental memorandum due 5/20/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 57 Filed: 2/27/2002, Entered: 2/27/2002
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of New Authority by HOMER J. HOLLAND. Service: 2/26/02. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 56 Filed: 2/27/2002, Entered: 2/27/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  RESPONSE by USA to [55-1] sur-reply by HOMER J. HOLLAND. Service by hand: 2/13/01. Filed by leave of the Judge. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 55 Filed: 2/27/2002, Entered: 2/27/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SUR-REPLY by HOMER J. HOLLAND to [43-1] motion reply by USA. Filed by leave of the Judge. (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 54 Filed: 2/27/2002, Entered: 2/27/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      ORDER granting [47-1] motion for Leave to Notice of New Authority, granting [46-1] motion for Leave to file a response to plaintiffs' sur-reply, etc. and granting [44-1] motion for Leave to file sur-reply Defendant's supplemental memorandum, etc. due 4/22/02 and Plaintiff's supplemental memorandum, etc. due 4/15/02 5/6/02 , and Plaintiff's response to Defendant's supplemental memorandum due 5/20/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank -- Filed: 2/26/2002, Entered: 2/27/2002 Status Conference
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Status Conference held ( Transcript due 3/28/02 ) (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 53 Filed: 2/5/2002, Entered: 2/5/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          ORDER mooting [51-1] joint motion for a status conference (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 52 Filed: 2/4/2002, Entered: 2/4/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ORDER setting Status Conference for 2:30 p.m. on 2/26/02 (signed by Sr. Judge Marian Blank Horn). Copy to parties. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 51 Filed: 2/1/2002, Entered: 2/4/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              JOINT MOTION for a status conference . (LTD)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank -- Filed: 2/1/2002, Entered: 2/1/2002
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                CASE reassigned to Sr. Judge Marian Blank Horn . (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 50 Filed: 1/11/2002, Entered: 1/11/2002 Court Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Notice of reassignment to Judge Marian Blank Horn, effective February 1, 2002. Copy to parties. (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 49 Filed: 1/7/2002, Entered: 1/8/2002 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    ORDER re: reassignment of cases. ( signed by Sr. Judge Loren A. Smith ) Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 48 Filed: 3/15/2001, Entered: 3/16/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE by USA (Service: 3/15/01 ) to [47-1] motion for Leave to Notice of New Authority. Reply due: 3/29/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 47 Filed: 2/26/2001, Entered: 2/27/2001, Terminated: 2/27/2002 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        MOTION by HOMER J. HOLLAND, HOWARD R. ROSS (Service : 2/26/01 ) for Leave to Notice of New Authority . Response due: 3/15/01. (LTD)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 46 Filed: 2/13/2001, Entered: 2/15/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service: 2/13/01) for Leave to file a response to plaintiffs' sur-reply, etc. Response due: 3/2/01 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 45 Filed: 2/2/2001, Entered: 2/5/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            REPLY by HOMER J. HOLLAND, HOWARD R. ROSS to response to [37-1] motion for Partial Summary Judgment on liability filed [by leave of the judge]. Service: 1/29/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 44 Filed: 1/31/2001, Entered: 2/1/2001 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by HOMER J. HOLLAND, HOWARD R. ROSS (Service by hand: 1/31/01 ) for Leave to file sur-reply to reply to response to motion to dismiss and for partial summary judgment. Response due: 2/14/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 43 Filed: 1/29/2001, Entered: 1/30/2001 Reply to Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                REPLY by USA to response to [36-1] motion to Dismiss and [36-2] motion for partial Summary Judgment. Service by hand : 1/29/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 42 Filed: 1/12/2001, Entered: 1/16/2001 Proposed Findings of Uncontroverted FactCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact (Filed by leave of the Judge) by USA. Service: 1/2/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 42 Filed: 1/12/2001, Entered: 1/16/2001 Statement of Genuine IssuesCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    STATEMENT OF GENUINE ISSUES (Filed by leave of the Judge) by USA. Service: 1/2/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 41 Filed: 1/12/2001, Entered: 1/16/2001 Response to MotionCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      RESPONSE (Filed by leave of the Judge) by USA (Service: 1/2/01) to [37-1] motion for Partial Summary Judgment on liability. Filed with separate Appendix. Reply due: 1/16/01. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 40 Filed: 1/2/2001, Entered: 1/3/2001 Statement of Genuine Issues
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        STATEMENT OF GENUINE ISSUES by HOMER J. HOLLAND, HOWARD R. ROSS. Service by hand: 1/2/01 (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 39 Filed: 1/2/2001, Entered: 1/3/2001 Response to Motion
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          RESPONSE by HOMER J. HOLLAND, HOWARD R. ROSS (Service by hand: 1/2/01 ) to [36-1] motion to Dismiss, [36-2] motion for partial Summary Judgment. Reply due: 1/29/01 (per order) (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 38 Filed: 10/30/2000, Entered: 11/1/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            PROPOSED FINDINGS of Uncontroverted Fact by HOMER J. HOLLAND and HOWARD R. ROSS. Service: 10/30/00. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 37 Filed: 10/30/2000, Entered: 11/1/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by HOMER J. HOLLAND and HOWARD R. ROSS (Service by hand: 10/30/00) for Partial Summary Judgment on liability , with a (5) five volume appendix. Response due: 11/27/00. (FE) Modified on 11/01/2000
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 36 Filed: 10/30/2000, Entered: 10/31/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                MOTION by USA (Service : 10/30/00 (by hand)) to Dismiss and for partial Summary Judgment. (1 Separate Volume of Appendix) Response due: 11/27/00 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 35 Filed: 10/30/2000, Entered: 10/31/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 10/30/00 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 34 Filed: 10/24/2000, Entered: 10/26/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    MOTION by HOMER J. HOLLAND, HOWARD R. ROSS, out of time, (Service : 10/24/00 ) For leave to exceed the page limitation. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank 33 Filed: 10/20/2000, Entered: 10/25/2000 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      MOTION by USA (Service : 10/20/00 ) For leave to exceed the page limitation re: motion for summary judgment. (DS)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 32 Filed: 9/25/2000, Entered: 9/28/2000 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        ORDER re: the parties' joint stipulation to adjust certain discovery deadlines is hereby adopted. ( signed by Judge Robert H. Hodges ) Copy to parties. (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Blank 31 Filed: 9/21/2000, Entered: 9/22/2000 Stipulation
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Joint stipulation to adjust certain discovery deadlines (DS)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 30 Filed: 9/22/1999, Entered: 9/28/1999 Answer
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            ANSWER to Complaint by USA. Service: 9/22/99 ( JPSR due 11/9/99 ) (JT)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 29 Filed: 8/6/1999, Entered: 8/9/1999 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              NOTICE of Attorney Appearance for USA by Patricia Ann Smith Service : 8/6/99 (JT)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 28 Filed: 8/18/1997, Entered: 8/19/1997 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                NOTICE of Attorney Appearance for USA by Katherine Mary Kelly. Service : 8/18/97. (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 27 Filed: 10/28/1996, Entered: 10/30/1996 Notice of Appearance/
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  NOTICE of Attorney Appearance for USA by Peter Stuart Levitt. Service : 10/28/96 (HW)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    Blank 26 Filed: 8/28/1996, Entered: 9/13/1996 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                    SEE ORDER IN 90-8C for Notice of reassignment to Chief Judge Loren A. Smith. Copy to parties. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      Blank -- Filed: 8/21/1996, Entered: 8/21/1996
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                      (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                        Blank 25 Filed: 8/16/1996, Entered: 8/21/1996 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 24 Filed: 7/24/1996, Entered: 7/26/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          MOTION by USA (Service: 7/24/96) for Leave to File copy of motion to adopt special case management procedures . Response due: 8/12/96 (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            Blank 23 Filed: 6/19/1996, Entered: 6/21/1996 Notice of Change of Address
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                            NOTICE of change of address by Martin Francis Hockey Jr. (FE)
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              Blank 22 Filed: 4/25/1996, Entered: 4/30/1996 Terminated:
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                              MOTION by USA (Service: 4/25/96) for Leave to File Motion to Adopt Special Case Management Procedures . Response due: 5/13/96. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                Blank 21 Filed: 4/23/1996, Entered: 4/26/1996 Status Report
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                JOINT STATUS REPORT. (FE)
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                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  Blank 20 Filed: 4/11/1996, Entered: 4/17/1996 OrderCourt Filing
                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                  ORDER granting [19-1] motion to Extend Time to 4/23/96 within which to submit a joint status report concerning a plan for the preservation of documents and reset Status Report deadline to 4/23/96 (signed by Judge Christine O. C. Miller). Copy to parties. (FE)
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