CHARTER ONE BANK v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:95-cv-00528-LAS
District Judge Loren A. Smith, presiding

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Charter One Bank, NA Charter One Bank, NA, Plaintiff
Officially listed as "CHARTER ONE BANK, F.S.B."

Toggle Switch Represented by Greenberg Traurig, LLP

Name Phone Fax E-Mail
Space Jerry Stouck +1 202 331 3173 +1 202 331 3101 stouckj@gtlaw.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space David Alan Levitt +1 202 307 0309 david.levitt@usdoj.gov
Office COFC
Filed 8/8/1995
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 Preliminary Injunction
County
Terminated 1/10/2003
Origin 1
Reopened
Lead Case
195-cv-00528-LAS None
Related Case
Other Court Case None
Def Custody Status
Flags CLOSED, LEAD
  Entries (75) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 72 Filed: 1/10/2003, Entered: 1/14/2003 Notice of Voluntary Dismissal
NOTICE of Voluntary Dismissal by CHARTER ONE BANK, USA. Complaint dismissed with prejudice pursuant to Rule 41 (a)(1)(ii). Copy to parties. (JT)
    LREF
    Blank -- Filed: 1/10/2003, Entered: 1/14/2003 Terminated Case
    Case closed (JT)
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      Blank 71 Filed: 11/1/2002, Entered: 11/6/2002 OrderCourt Filing
      ORDER granting [64-1] motion to consolidate case with case No. 92-876C (signed by Sr. Judge Loren A. Smith). Copy to parties. (LTD)
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        Blank -- Filed: 11/1/2002, Entered: 11/8/2002 Set/Clear Flags
        Consolidated Lead Case (see order of November 1, 2002 designating this the lead case) (DS)
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          Blank 70 Filed: 10/30/2002, Entered: 11/1/2002 Terminated:
          SURREPLY by USA to [64-1] motion to consolidate case with case No. 92-876C by CHARTER ONE BANK. Service: 10/24/02. (LTD)
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            Blank 69 Filed: 10/30/2002, Entered: 11/1/2002 OrderCourt Filing
            ORDER granting [67-1] motion for Leave to file Surreply to reply to response to motion to consolidate (signed by Sr. Judge Loren A. Smith). Copy to parties. (LTD)
              LREF
              Blank 68 Filed: 10/29/2002, Entered: 10/30/2002 OrderCourt Filing
              ORDER setting Status Conference for 4:00 p.m. on 10/31/02 (signed by Sr. Judge Loren A. Smith). Copy to parties. (LTD)
                LREF
                Blank 67 Filed: 10/24/2002, Entered: 10/25/2002, Terminated: 10/30/2002 Terminated:
                MOTION by USA (Service : 10/24/02 ) for Leave to file Surreply to reply to response to motion to consolidate . Response due: 11/12/02 (HW)
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                  Blank 66 Filed: 10/7/2002, Entered: 10/9/2002 Reply to Response to Motion
                  REPLY by CHARTER ONE BANK to response to [64-1] motion to consolidate case with case No. 92-876C. Service: 10/7/02. (LTD)
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                    Blank 65 Filed: 9/24/2002, Entered: 9/25/2002 Terminated:
                    RESPONSE by USA (Service: 9/24/02) to [64-1] motion to consolidate case with case No. 92-876C. Reply due: 10/7/02 (DS)
                      LREF
                      Blank 64 Filed: 9/12/2002, Entered: 9/25/2002, Terminated: 11/1/2002 Terminated:
                      MOTION by CHARTER ONE BANK (Service: 9/12/02) to consolidate case with case No. 92-876C . Response due: 9/30/02 (DS)
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                        Blank 63 Filed: 9/4/2002, Entered: 9/9/2002 Remark
                        Case has been unconsolidated pursuant to the Stipulation of Dismissal filed on September 4, 2002, in Case No. 95-464C. (DS)
                          LREF
                          Blank 62 Filed: 9/4/2002, Entered: 9/6/2002 Stipulation
                          Stipulation of dismissal by CHARTER ONE BANK and USA. (LTD)
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                            Blank 61 Filed: 1/7/2002, Entered: 1/8/2002 OrderCourt Filing
                            ORDER re: discovery. ( signed by Sr. Judge Loren A. Smith ) Copy to parties. (FE)
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                              Blank 60 Filed: 4/6/1999, Entered: 4/12/1999 Remark
                              See Order of 4/6/99 in 90-8 (JT)
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                                Blank 59 Filed: 9/16/1998, Entered: 9/22/1998 OrderCourt Filing
                                ORDER memorializing the oral order of the court of August 11, 1998. Pursuant to that oral order, consideration of the motions for summary judgment, including any briefing not yet complete, is stayed until October 13, 1998. (See Order in 90-8) ( signed by Chief Judge Loren A. Smith ) Copy to parties. (JT)
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                                  Blank 58 Filed: 12/2/1997, Entered: 12/12/1997 Notice of Appearance/
                                  NOTICE of Attorney Appearance for USA by David Alan Levitt Service: 12/2/97. (FE)
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                                    Blank 57 Filed: 9/12/1997, Entered: 9/18/1997 Terminated:
                                    MOTION by CHARTER ONE BANK (Service : 9/12/97 ) to Extend Time (to October 15, 1997) to respond to cross motion. (DS)
                                      LREF
                                      Blank 56 Filed: 9/9/1997, Entered: 9/16/1997 OrderCourt Filing
                                      SEE 95-464C FOR ORDER granting [55-1] motion to Consolidate this case with No. 95-464C. ( signed by Chief Judge Loren A. Smith ) Copy to parties. (DS)
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                                        Blank -- Filed: 9/9/1997, Entered: 9/16/1997 Set/Clear Flags
                                        Consolidated Member Case. See lead case number 95464C for further proceedings. (DS)
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                                          Blank 55 Filed: 9/4/1997, Entered: 9/9/1997, Terminated: 9/9/1997 Terminated:
                                          MOTION by CHARTER ONE BANK (Service : 9/4/97 ) to Consolidate this case with No. 95-464C. (DS) Modified on 09/09/1997
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                                            Blank 54 Filed: 8/14/1997, Entered: 8/18/1997 OrderCourt Filing
                                            ORDER granting [52-1] motion to Extend Time to reply to response to motion for summary judgment and cross-motion Response to [49-1] cross motion reset to 9/15/97 , Reply to Response to Motion reset to 9/15/97 for [45-1] motion for Partial Summary Judgment ( signed by Acting Chief Judge Marian Blank Horn for Chief Judge Loren A. Smith.) Copy to parties. (CDC)
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                                              Blank 52 Filed: 7/16/1997, Entered: 7/23/1997, Terminated: 8/14/1997 Terminated:
                                              MOTION by CHARTER ONE BANK (Service : 7/16/97 ) to Extend Time to reply to response to motion for summary judgment and cross-motion (until 9/15/97). (AB) Modified on 07/25/1997
                                                LREF
                                                Blank 53 Filed: 7/9/1997, Entered: 7/25/1997 OrderCourt Filing
                                                ORDER granting [51-1] motion to Extend Time to respond to cross-motion Response to [49-1] cross motion reset to 7/18/97 ( signed by Chief Judge Loren A. Smith ) Copy to parties. (DS)
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                                                  Blank 51 Filed: 6/24/1997, Entered: 6/26/1997, Terminated: 7/9/1997 Terminated:
                                                  MOTION by CHARTER ONE BANK (Service : 6/24/97 ) to Extend Time to respond to cross-motion (until 7/18/97). (AB) Modified on 07/25/1997
                                                    LREF
                                                    Blank 50 Filed: 5/27/1997, Entered: 6/7/1997 Terminated:
                                                    RESPONSE by USA (Service: 5/27/97 ) to [45-1] motion for Partial Summary Judgment. Reply due: 6/9/97. (HW)
                                                      LREF
                                                      Blank 49 Filed: 4/29/1997, Entered: 7/25/1997 Terminated:
                                                      Defendant's Memorandum in support of CROSS MOTION for partial summary judgment ( Service: 3/28/97 ) and RESPONSE to [45-1] motion for Partial Summary Judgment by CHARTER ONE BANK filed [by leave of the judge]. IN CAMERA (DS)
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                                                        Blank 48 Filed: 2/5/1997, Entered: 2/10/1997 OrderCourt Filing
                                                        ORDER granting [46-1] motion for Leave to File consent motion for enlargement of time, Response to [45-1] motion for Partial Summary Judgment reset to 3/28/97 and set defendant's supplemental response Brief deadline to 5/27/97 (signed by Chief Judge Loren A. Smith). Copy to parties. (FE)
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                                                          Blank 47 Filed: 2/4/1997, Entered: 2/7/1997 Notice of Appearance/
                                                          NOTICE of Attorney Appearance for USA by Anne Marie Richard Service: 2/4/97 (FE)
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                                                            Blank 46 Filed: 1/30/1997, Entered: 2/4/1997, Terminated: 2/5/1997 Terminated:
                                                            MOTION by USA (Service : 1/30/97 ) for Leave to File consent motion for enlargement of time . (FE)
                                                              LREF
                                                              Blank 45 Filed: 11/19/1996, Entered: 11/21/1996 Terminated:
                                                              MOTION by CHARTER ONE BANK (Service : 11/19/96 ) for Partial Summary Judgment (on liability: the acquisitions of Bay Savings Bank and Omni Savings Bank by First Federal of Michigan) [together with separate one volume appendix]. Response due: 12/20/96. (HW)
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                                                                Blank 44 Filed: 10/7/1996, Entered: 10/9/1996 Notice of Appearance/
                                                                NOTICE of Attorney Appearance for USA by Arthur Gerard Wyatt Service: 10/7/96 (FE)
                                                                  LREF
                                                                  Blank 43 Filed: 8/28/1996, Entered: 9/3/1996 Case Assigned/ReassignedCourt Filing
                                                                  SEE ORDER IN 90-8C for Notice of reassignment to Chief Judge Loren A. Smith. Copy to parties. (FE)
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                                                                    Blank 42 Filed: 8/16/1996, Entered: 8/20/1996 Terminated:
                                                                    MOTION by USA (Service : 8/16/96 ) for Leave to File attached proposed pretrial order. Response due: 9/3/96 (HW)
                                                                      LREF
                                                                      Blank 41 Filed: 7/30/1996, Entered: 8/5/1996 Amended Complaint
                                                                      AMENDED COMPLAINT by CHARTER ONE BANK (Answer due 8/12/96 ) amending [1-1] complaint. Service by hand: 7/30/96. (HW)
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                                                                        Blank 40 Filed: 7/23/1996, Entered: 7/25/1996 Terminated:
                                                                        MOTION by USA (Service : 7/23/96 ) for Leave to File a copy of the attached motion to adopt special management procedures . Response due: 8/5/96 (HW)
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                                                                          Blank 39 Filed: 7/22/1996, Entered: 7/24/1996 OrderCourt Filing
                                                                          ORDER reset Scheduling Conference for 9:00 a.m. on 7/31/96 (signed by Judge Robert H. Hodges, Jr.). Copy to parties. (FE)
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                                                                            Blank 38 Filed: 7/11/1996, Entered: 7/15/1996 OrderCourt Filing
                                                                            ORDER addressing future case proceedings (signed by Judge Robert H. Hodges, Jr.). Copy to parties. (FE)
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                                                                              Blank 37 Filed: 6/12/1996, Entered: 6/14/1996 Terminated:
                                                                              RESPONSE by CHARTER ONE BANK to [35-2] order. Service: 5/12/96 (FE)
                                                                                LREF
                                                                                Blank 36 Filed: 6/12/1996, Entered: 6/13/1996 OrderCourt Filing
                                                                                ORDER further Clarifying 2/20/95 order (signed by Judge Robert H. Hodges, Jr.). Copy to parties. (FE)
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                                                                                  Blank 35 Filed: 5/30/1996, Entered: 6/3/1996 OrderCourt Filing
                                                                                  ORDER granting [34-1] motion for Leave to File defendant's status report and set Notice of Compliance deadline to 6/14/96 (signed by Judge Robert H. Hodges, Jr.). Copy to parties. (FE)
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                                                                                    Blank 34 Filed: 5/24/1996, Entered: 5/30/1996, Terminated: 5/30/1996 Terminated:
                                                                                    MOTION by USA (Service : 5/24/96 ) for Leave to File defendant's status report (included in the motion for leave). Response due: 6/10/96. (HW)
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                                                                                      Blank 33 Filed: 5/8/1996, Entered: 5/13/1996 Terminated:
                                                                                      MOTION by CHARTER ONE BANK (Service : 5/8/96 ) for Leave to File response to the defendant's motion for leave to file maotion to adopt specilized case management procedures. Response due: 5/28/96 (HW)
                                                                                        LREF
                                                                                        Blank 32 Filed: 5/6/1996, Entered: 5/10/1996 Terminated:
                                                                                        RESPONSE by CHARTER ONE BANK (Service: 5/6/96) to defendant's [30-1] motion for partial modification of protective order. Reply due: 5/23/96. (FE)
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                                                                                          Blank 31 Filed: 4/26/1996, Entered: 4/30/1996 Terminated:
                                                                                          MOTION by USA (Service : 4/26/96 ) for Leave to File copy of the motion to adopt special case management procedures . Response due: 5/13/96. (HW)
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                                                                                            Blank 30 Filed: 4/19/1996, Entered: 4/25/1996 Terminated:
                                                                                            MOTION by USA (Service : 4/19/96) for partial modification of protective order . Response due: 5/6/96 (FE)
                                                                                              LREF
                                                                                              Blank 29 Filed: 4/17/1996, Entered: 4/22/1996 OrderCourt Filing
                                                                                              ORDER granting [28-1] motion for Leave to File letter dated April 9, 1996 (signed by Judge Robert H. Hodges, Jr.). Copy to parties. (FE)
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                                                                                                Blank 28 Filed: 4/11/1996, Entered: 4/17/1996, Terminated: 4/17/1996 Terminated:
                                                                                                MOTION by CHARTER ONE BANK (Service: 4/11/96) for Leave to File letter dated April 9, 1996 . Response due: 4/29/96. (FE)
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                                                                                                  Blank 27 Filed: 4/9/1996, Entered: 4/11/1996 OrderCourt Filing
                                                                                                  ORDER granting [25-1] motion for Leave to File letter from defendant's counsel to plaintiff's counsel dated April 1, 1996 ( signed by Judge Robert H. Hodges, Jr. ). Copy to parties. (FE)
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                                                                                                    Blank 26 Filed: 4/4/1996, Entered: 4/9/1996 OrderCourt Filing
                                                                                                    ORDER set Brief deadline to immediately re: destroyed documents (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                      Blank 25 Filed: 4/3/1996, Entered: 4/8/1996, Terminated: 4/9/1996 Terminated:
                                                                                                      MOTION by USA (Service: 4/3/96) for Leave to File letter from defendant's counsel to plaintiff's counsel dated April 1, 1996 . Response due: 4/22/96. (FE)
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                                                                                                        Blank 24 Filed: 3/25/1996, Entered: 3/28/1996 OrderCourt Filing
                                                                                                        PROTECTIVE ORDER (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                          Blank 23 Filed: 3/25/1996, Entered: 3/28/1996 Status Report/OrderCourt Filing
                                                                                                          STATUS REPORT ORDER. Status report due on 5/24/96 (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                            Blank 22 Filed: 3/20/1996, Entered: 3/26/1996 Terminated:
                                                                                                            MOTION by USA (Service : 3/19/96) for Leave to File notice and declaration re: certain documents that may be relevant to this action . Response due: 4/5/96 (FE)
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                                                                                                              Blank 21 Filed: 2/21/1996, Entered: 2/28/1996 Terminated:
                                                                                                              MOTION by USA (Service : 2/21/96) for Leave to File response to plaintiff's status and Response. Response due: 3/11/96 (FE)
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                                                                                                                Blank 20 Filed: 2/20/1996, Entered: 2/23/1996 OrderCourt Filing
                                                                                                                ORDER entered addressing case proceedings (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                                  Blank 19 Filed: 2/9/1996, Entered: 2/14/1996 Terminated:
                                                                                                                  RESPONSE by USA to [16-1] order. Service: 2/9/96 (FE)
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                                                                                                                    Blank 18 Filed: 2/9/1996, Entered: 2/14/1996 Status Report
                                                                                                                    STATUS REPORT by CHARTER ONE BANK Service: 2/9/96 (FE)
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                                                                                                                      Blank 17 Filed: 1/31/1996, Entered: 2/7/1996 Terminated:
                                                                                                                      RESPONSE by USA to [14-1] order. Service: 1/31/96. (HW)
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                                                                                                                        Blank 16 Filed: 1/29/1996, Entered: 2/5/1996 OrderCourt Filing
                                                                                                                        ORDER directing parties to review proposed protective order and contact court by 2/9/96 with comments or suggestions ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                                                                          Blank 15 Filed: 1/2/1996, Entered: 1/5/1996 Status Report
                                                                                                                          STATUS REPORT by CHARTER ONE BANK Service: 1/2/96 (FE)
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                                                                                                                            Blank 14 Filed: 12/5/1995, Entered: 12/8/1995 OrderCourt Filing
                                                                                                                            ORDER the court will consider issuing a protective order and invite comment from parties on this point ( signed by Judge Robert H. Hodges ). Copy to parties. (FE)
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                                                                                                                              Blank 13 Filed: 11/30/1995, Entered: 12/5/1995 Memorandum
                                                                                                                              MEMORANDUM by CHARTER ONE BANK re: [11-1] order. Service: 11/30/95 (FE)
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                                                                                                                                Blank 12 Filed: 11/29/1995, Entered: 12/4/1995 Terminated:
                                                                                                                                RESPONSE by USA to [11-1] order. Service: 11/29/95 (FE)
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                                                                                                                                  Blank 11 Filed: 11/13/1995, Entered: 11/20/1995 OrderCourt Filing
                                                                                                                                  ORDER entered directing parties to notify court by 11/30/95 re WINSTAR 90-8C. (signed by Judge Robert H. Hodges) Copy to parties. (FE)
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                                                                                                                                    Blank 10 Filed: 10/19/1995, Entered: 10/24/1995 OrderCourt Filing
                                                                                                                                    ORDER directing counsel to begin considering how to proceed once Supreme Court enters decision in Winstar case (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                                                      Blank 9 Filed: 9/14/1995, Entered: 9/19/1995 Terminated:
                                                                                                                                      RESPONSE by CHARTER ONE BANK (Service: 9/14/95 ) to [5-1] motion to Stay proceedings and Court Order dated 8/16/95. Reply due: 9/28/95 (FE)
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                                                                                                                                        Blank 8 Filed: 9/14/1995, Entered: 9/18/1995 OrderCourt Filing
                                                                                                                                        ORDER granting [7-1] motion to Extend Time to respond to the Court's order dated 8/16/95 and reset Status Report deadline to 9/14/95 (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                                                          Blank 7 Filed: 9/11/1995, Entered: 9/14/1995, Terminated: 9/14/1995 Terminated:
                                                                                                                                          MOTION by CHARTER ONE BANK (Service : 9/11/95) to Extend Time to respond to the Court's order dated 8/16/95 until 9/14/95. (FE)
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                                                                                                                                            Blank 6 Filed: 8/31/1995, Entered: 9/1/1995 Terminated:
                                                                                                                                            MOTION by CHARTER ONE BANK (Service: 8/31/95) to Extend Time to respond to 8/16/95 order [to September 11, 1995]. Response due: 9/18/95 (FE)
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                                                                                                                                              Blank 5 Filed: 8/28/1995, Entered: 8/29/1995 Terminated:
                                                                                                                                              MOTION by USA (Service: 8/28/95 ) to Stay proceedings re decision in CAFC in WINSTAR. Response due: 9/14/95 (HW) Modified on 09/13/1995
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                                                                                                                                                Blank 4 Filed: 8/24/1995, Entered: 8/28/1995 Notice of Appearance/
                                                                                                                                                NOTICE of Attorney Appearance for USA by Andrea Ines Kelly. Service : 8/24/95 (FE)
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                                                                                                                                                  Blank 3 Filed: 8/16/1995, Entered: 8/22/1995 OrderCourt Filing
                                                                                                                                                  ORDER entered directing parties to notify court of their intentions ; set Status Report deadline to 8/31/95 ( signed by Judge Robert H. Hodges ) Copy to parties. (HW)
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                                                                                                                                                    Blank 2 Filed: 8/8/1995, Entered: 8/10/1995 Case Assigned/ReassignedCourt Filing
                                                                                                                                                    Notice of assignment to Judge Robert H. Hodges. Copy to parties. (FE)
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                                                                                                                                                      Blank 1 Filed: 8/8/1995, Entered: 8/10/1995 Complaint
                                                                                                                                                      COMPLAINT, FILING FEE $120, RECEIPT #39862. Answer due on 10/10/95. (FE)
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