D & N BANK, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:95-cv-00539-LB
District Judge Lawrence J. Block, presiding

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No Logo D & N BANK, A FEDERAL SAVINGS BANK, Plaintiff

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space Melvin Carl Garbow +1 202 942 5000 +1 202 942 5999 melvin_garbow@aporter.com
No Logo DETROIT & NORTHERN SAVINGS & LOAN ASSOCIATION, Plaintiff

Toggle Switch Represented by Arnold & Porter, LLP

Name Phone Fax E-Mail
Space Melvin Carl Garbow +1 202 942 5000 +1 202 942 5999 melvin_garbow@aporter.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by Owen, Wickersham & Erickson, PC

Name Phone Fax E-Mail
Space Luke Paul Levasseur +1 212 463 2000 llevasseur@mayerbrown.com
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 6/13/2002
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flag CLOSED
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Blank 131 Filed: 8/24/2004, Entered: 8/24/2004 Court Filing
ORDER: On 3/17/2004, the Clerk of the Court awarded costs in favor of Dft United States and against Pltf D&N Bank. On 3/31/2004, D&N filed a [127] MOTION for Review of the Clerk's Taxation of Costs. After careful review of the parties' briefs, this court AFFIRMS the Clerk's taxantion of costs in the amount of $140,788.56. Signed by Judge Lawrence J. Block. (jcp, )
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    Blank 130 Filed: 6/29/2004, Entered: 7/2/2004 Notice of Appearance/
    NOTICE of Appearance by Luke Paul Levasseur for USA. Service: 6/29/04.(dw1)
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      Blank 129 Filed: 4/22/2004, Entered: 4/26/2004 Reply to Response to Motion
      REPLY to Response to Motion re [127] MOTION for Review of the Clerk's Taxation of Costs filed by D & N BANK, A FEDERAL SAVINGS BANK. Service: 04/22/2004.(lld, )
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        Blank 128 Filed: 4/13/2004, Entered: 4/16/2004 Response to Motion
        RESPONSE to [127] MOTION for Review of the Clerk's Taxation of Costs filed by USA. Reply due by 4/27/2004. Service: 04/13/2004.(lld, )
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          Blank 127 Filed: 3/31/2004, Entered: 4/2/2004 Motion for Miscellaneous Relief
          MOTION for Review of the Clerk's Taxation of Costs by D & N BANK, A FEDERAL SAVINGS BANK.Service: 3/31/2004. Response due by 4/19/2004. (jcp, )
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            Blank 126 Filed: 3/17/2004, Entered: 3/22/2004 Costs Taxed
            Costs Taxed in amount of $ 140,788.56 against plaintiff (Signed by Clerk). (lld, )
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              Blank 125 Filed: 3/2/2004, Entered: 3/4/2004 Response
              REPLY MEMORANDUM in Support of [106] Dft's Bill of Costs filed by USA. [FILED BY LEAVE OF THE JUDGE] Service: 2/24/2004.(jcp, )
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                Blank 123 Filed: 2/10/2004, Entered: 2/11/2004 Response
                RESPONSE (Supplemental Filing) to [119] Clerk Notice, filed by D & N BANK, A FEDERAL SAVINGS BANK, DETROIT & NORTHERN SAVINGS & LOAN ASSOCIATION. Service: 2/10/04.(jat, )
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                  Blank 122 Filed: 2/10/2004, Entered: 2/11/2004 Response
                  RESPONSE to [119] Clerk Notice, filed by USA. Service: 2/10/04.(jat, )
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                    Blank 124 Filed: 2/9/2004, Entered: 2/12/2004 Response to Motion
                    OBJECTIONS to [120] Dft's Renewed Request for Taxation of Costs filed by D & N BANK, A FEDERAL SAVINGS BANK. Reply due by 2/23/2004. Service: 2/9/2004.(jcp, )
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                      Blank 121 Filed: 2/3/2004, Entered: 2/9/2004 ~Notice (other)
                      NOTICE of Firm Registration as an LLP and Name Change by D & N BANK, A FEDERAL SAVINGS BANK, DETROIT & NORTHERN SAVINGS & LOAN ASSOCIATION. Service: 2/3/2004.(jcp, )
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                        Blank 119 Filed: 1/21/2004, Entered: 1/21/2004
                        NOTICE directing parties to submit a supplement to their filings addressing the meaning and or clarification of the phrase "bear the costs" in the stipulation and how it does or does not have application to the award of costs. Signed by the Clerk of Court. Submission due by 2/10/2004. (lld, )
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                          Blank 120 Filed: 1/15/2004, Entered: 1/21/2004 Motion for Taxation of Costs
                          RENEWED REQUEST for Taxation of Costs by USA. [FILED BY LEAVE OF THE JUDGE] Service: 1/7/2004. Response due by 2/9/2004.(jcp, ) Modified on 2/10/2004 to correct due date for response. (dls).
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                            Blank 118 Filed: 9/15/2003, Entered: 9/16/2003 CAFC Mandate Affirming
                            MANDATE of CAFC affirming [103] Order that directed the Court to enter judgment. (hw1, )
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                              Blank 117 Filed: 6/23/2003, Entered: 6/24/2003 Order on Motion for Relief from Judgment - Rule 60Court Filing
                              ORDER that [110] Plaintiff's Motion for Relief from Judgment is DEEMED TO BE WITHDRAWN, and that [116] Plaintiff's Motion to Withdraw Motion for Relief Under RCFC 60(b) is GRANTED. Signed by Judge Lawrence J. Block. (jcp, )
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                                Blank 116 Filed: 6/20/2003, Entered: 6/23/2003 Terminated:
                                MOTION to Withdraw [110] MOTION for Relief from Judgment pursuant to Rule 60 re [104] Judgment by D & N BANK, A FEDERAL SAVINGS BANK and DETROIT & NORTHERN SAVINGS & LOAN ASSOCIATION.Service by hand: 6/20/03. (dw1, )
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                                  Blank 115 Filed: 5/28/2003, Entered: 6/5/2003 Reply to Response to MotionCourt Filing
                                  REPLY to Response to Motion re [110] MOTION for Relief from Judgment pursuant to Rule 60 re [104] Judgment filed by D & N BANK, A FEDERAL SAVINGS BANK and DETROIT & NORTHERN SAVINGS & LOAN ASSOCIATION, by leave of the Judge. Service: 5/21/03.(dw1, )
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                                    Blank 113 Filed: 5/8/2003, Entered: 5/9/2003 Notice Of AssignmentCourt Filing
                                    NOTICE of Assignment to Judge Lawrence J. Block. (dls, )
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                                      Blank 112 Filed: 5/8/2003, Entered: 5/9/2003 Order Reassigning CaseCourt Filing
                                      ORDER REASSIGNING CASE. Case reassigned to Judge Lawrence J. Block for all further proceedings. Judge James T. Turner no longer assigned to case Signed by Judge Edward J. Damich. (dls, )
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                                        Blank 114 Filed: 5/7/2003, Entered: 5/12/2003 Notice of Appearance/
                                        NOTICE of Appearance by Gary Joseph Dernelle for The United States Service: 5/7/03.(hw1, )
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                                          Blank 111 Filed: 5/7/2003, Entered: 5/8/2003 Response to Motion
                                          RESPONSE (together with a separate appendix) to [110] MOTION for Relief from Judgment pursuant to Rule 60 re [104] Judgment filed by The United States. Service: 5/7/03.(hw1, )
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                                            Blank 110 Filed: 4/30/2003, Entered: 5/1/2003, Terminated: 6/23/2003 Terminated: Court Filing
                                            MOTION for Relief from Judgment pursuant to Rule 60 re [104] Judgment by D & N BANK, A FEDERAL SAVINGS BANK and DETROIT & NORTHERN SAVINGS & LOAN ASSOCIATION, by leave of the Judge. [filed with a (1) one volume appendix in support]Service by hand: 4/23/03. (dw1, )
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                                              Blank 109 Filed: 8/23/2002, Entered: 8/27/2002 Response
                                              RESPONSE by USA to [108-1] objection bill of costs by D & N BANK. Service: 8/23/02. (LTD)
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                                                Blank 108 Filed: 8/14/2002, Entered: 8/15/2002 Objections to Bill of Costs
                                                OBJECTION (Reply due 8/23/02) by D & N BANK to [106-1] bill of costs by USA. Service by hand: 8/14/02. (LTD)
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                                                  Blank -- Filed: 7/26/2002, Entered: 7/31/2002 Terminated:
                                                  CAFC Case Number Re: [107-1] appeal by DETROIT & NORTHERN, D & N BANK CAFC NUMBER: 02-5144 (HW)
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                                                    Blank 107 Filed: 7/18/2002, Entered: 7/18/2002, Terminated: 9/15/2003 Notice of AppealCourt Filing
                                                    AMENDED NOTICE OF APPEAL by D & N BANK, and DETROIT & NORTHERN . Copy to Judge James T. Turner, Defendant and to C.A.F.C. FILING FEE $ 105.00; RECEIPT # 054330. (HW)
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                                                      Blank 106 Filed: 7/16/2002, Entered: 7/18/2002 Bill of Costs
                                                      Bill of costs, memorandum and appendix by USA. Service: 7/15/02 (Objection to Bill of Costs due by 8/16/02). (LTD)
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                                                        Blank -- Filed: 6/28/2002, Entered: 7/2/2002 Terminated:
                                                        CAFC Case Number Re: [102-1] appeal by DETROIT & NORTHERN, D & N BANK CAFC NUMBER: 02-5130 (HW)
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                                                          Blank 105 Filed: 6/18/2002, Entered: 7/2/2002 RemarkCourt Filing
                                                          CORRECTED - NOTICE OF APPEAL BY D & N BANK, DETROIT & NORTHERN. Copy to Judge James T. Turner, Defendant and to CAFC. Filing Fee $105.00; Receipt #054132. (HW)
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                                                            Blank 104 Filed: 6/13/2002, Entered: 6/13/2002
                                                            JUDGMENT pursuant to Rule 58 dimissing the complaint. Costs to defendant (signed by Clerk). Copy to parties. (AB) Modified on 06/14/2002
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                                                              Blank 103 Filed: 6/13/2002, Entered: 6/13/2002 Court Filing
                                                              ORDER dismissing the complaint and entering judgment in favor of defendant. Costs to defendant ( signed by Judge James T. Turner ) Copy to parties. (AB) Modified on 06/14/2002
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                                                                Blank 102 Filed: 6/13/2002, Entered: 6/13/2002, Terminated: 9/15/2003 Notice of AppealCourt Filing
                                                                NOTICE OF APPEAL by D & N BANK, DETROIT & NORTHERN. Copy to Judge James T. Turner, Defendant and to CAFC. FILING FEE $ 105.00; RECEIPT # 054132. (HW) Modified on 06/14/2002
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                                                                  Blank -- Filed: 6/13/2002, Entered: 6/13/2002
                                                                  Case closed (AB)
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                                                                    Blank 101 Filed: 6/12/2002, Entered: 6/13/2002 ~Notice (other)
                                                                    Appendix of Documents Relating to the Transactions "Peachtree-Crisp," "Standard," "Equitable," and "St. Bernard" by D & N BANK, DETROIT & NORTHERN. (JT)
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                                                                      Blank 100 Filed: 6/12/2002, Entered: 6/13/2002 OrderCourt Filing
                                                                      ORDER granting [92-1] motion for Leave to notify the court of new authority, granting [95-1] motion to append documents to the record. ( signed by Judge James T. Turner ) Copy to parties. (JT) Modified on 06/14/2002
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                                                                        Blank 99 Filed: 6/6/2002, Entered: 6/14/2002 Response to Motion
                                                                        RESPONSE by USA (Service: 6/6/02) to [95-1] motion to append documents to the record. (DS) Modified on 06/14/2002
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                                                                          Blank 98 Filed: 6/4/2002, Entered: 6/5/2002 Reply to Response to Motion
                                                                          REPLY by D & N BANK to response to [92-1] motion for Leave to notify the court of new authority. Service: 6/4/02. (LTD)
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                                                                            Blank 97 Filed: 5/31/2002, Entered: 6/3/2002 Terminated:
                                                                            RESPONSE by USA (Service: 5/31/02) to [92-1] motion for Leave to notify the court of new authority. Reply due: 6/14/02 (DS)
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                                                                              Blank 96 Filed: 5/31/2002, Entered: 6/3/2002 Status Report
                                                                              JOINT STATUS REPORT. (LTD)
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                                                                                Blank 95 Filed: 5/23/2002, Entered: 5/24/2002 Terminated:
                                                                                MOTION by D & N BANK (Service by hand: 5/23/02) to append documents to the record . Response due: 6/6/02. (LTD)
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                                                                                  Blank 94 Filed: 5/21/2002, Entered: 5/22/2002 Transcript
                                                                                  TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of May 20, 2002. Notice to parties. (FE)
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                                                                                    Blank 93 Filed: 5/21/2002, Entered: 5/22/2002 OrderCourt Filing
                                                                                    ORDER granting [18-1] cross motion, denying [17-1] motion for partial Summary Judgment on liability: acquisition of First Federal Savings & Loan Association of Flint Joint Status Report due 5/31/02 (signed by Judge James T. Turner). Copy to parties. (LTD)
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                                                                                      Blank 92 Filed: 5/17/2002, Entered: 5/20/2002, Terminated: 6/12/2002 Terminated:
                                                                                      MOTION by D & N BANK (Service by hand: 5/17/02) for Leave to notify the court of new authority . Response due: 5/31/02. (LTD) Modified on 06/03/2002
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                                                                                        Blank 91 Filed: 5/16/2002, Entered: 5/17/2002 Transcript
                                                                                        TRANSCRIPT of proceedings re: 1 volume, at Washington, D.C., for date of May 14, 2002. Notice to parties. (FE)
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                                                                                          Blank 90 Filed: 5/16/2002, Entered: 5/17/2002 OrderCourt Filing
                                                                                          ORDER granting in part, denying in part [89-2] motion for Leave to file expert report of Terry L. Musika and defendant's response to plaintiff's notice of "new authority", granting [88-1] motion for Leave to notify the court of new authority (signed by Judge James T. Turner). Copy to parties. (LTD)
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                                                                                            Blank 89 Filed: 5/13/2002, Entered: 5/14/2002 Terminated:
                                                                                            MOTION by USA (Service by hand: 5/13/02) for Leave to file supplemental authority and for Leave to file expert report of Terry L. Musika and defendant's response to plaintiff's notice of "new authority" . Response due: 5/28/02. (FE)
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                                                                                              Blank 88 Filed: 5/8/2002, Entered: 5/9/2002 Terminated:
                                                                                              MOTION by D & N BANK (Service by hand: 5/8/02) for Leave to notify the court of new authority . Response due: 5/22/02. (LTD) Modified on 05/09/2002
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                                                                                                Blank 87 Filed: 3/20/2002, Entered: 3/21/2002 Transcript
                                                                                                TRANSCRIPT of proceedings re: status conference, 1 volume, at Washington, D.C., for date of March 15, 2002. Notice to parties. (FE)
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                                                                                                  Blank 86 Filed: 3/15/2002, Entered: 3/18/2002 Terminated:
                                                                                                  SUR-REPLY by D & N BANK to [60-1] motion reply by USA. (LTD)
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                                                                                                    Blank 85 Filed: 3/15/2002, Entered: 3/18/2002 OrderCourt Filing
                                                                                                    ORDER granting [70-1] motion to Withdraw it's initial response to defendnat's request for admission No. 16 and to supplement it's response to request for admission No. 16 granting [62-1] motion for Leave to file surreply oral argument set for 10:30 a.m. on 5/14/02 for [48-1] cross motion, for [18-1] cross motion and for [17-1] motion for partial Summary Judgment on liability: acquisition of First Federal Savings & Loan Association of Flint (signed by Judge James T. Turner). Copy to parties. (LTD)
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                                                                                                      Blank -- Filed: 3/15/2002, Entered: 3/15/2002
                                                                                                      Status Conference held ( Transcript due 4/15/02 ) (DS)
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                                                                                                        Blank 84 Filed: 2/26/2002, Entered: 2/26/2002 Court Filing
                                                                                                        ORDER mooting [72-1] motion to reopen fact discovery to depose five witnesses the defendant failed to disclose during fact discovery, mooting [57-1] motion For leave to exceed the page limitation, mooting [47-1] motion to Extend Time to file dispositive motions, mooting [46-1] motion For leave to exceed the page limitation., mooting [33-1] motion to Stay of proceedings, mooting [15-1] motion for Leave to File proposed pretrial order, mooting [14-1] motion for Leave to File copy of motion to adopt special case management procedures, mooting [11-1] motion for Leave to File a response to the motion to adopt special case management procedures, mooting [10-1] motion for Leave to File copy of motion to adopt special case management procedures Status Conference for 10:30 a.m. 3/15/02 , in the National Courts Building, 717 Madison Pl., N.W., Washington, D.C. (signed by Judge James T. Turner). Copy to parties. (FE)
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                                                                                                          Blank 83 Filed: 2/25/2002, Entered: 2/26/2002 OrderCourt Filing
                                                                                                          ORDER re: Defendant has agreed to provide contract information concerning its expert testimony, plaintiff is entitled full disclosure of amounts paid to the expert and associates (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                            Blank 82 Filed: 2/15/2002, Entered: 2/15/2002 Court Filing
                                                                                                            ORDER directing defendant to provide plaintiff with a list of persons, etc. who worked on the expert report discussed at the hearing. ( signed by Judge Robert H. Hodges ) Copy to parties. (DS)
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                                                                                                              Blank 81 Filed: 2/4/2002, Entered: 2/5/2002 OrderCourt Filing
                                                                                                              ORDER granting [80-1] motion to Extend Time to complete depositions of Government experts Completion of Depositions of Government experts deadline is 2/19/02 (signed by Judge Robert H. Hodges). Copy to parties. (LTD)
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                                                                                                                Blank 80 Filed: 2/1/2002, Entered: 2/4/2002, Terminated: 2/4/2002 Terminated:
                                                                                                                MOTION by D & N BANK (Service: 1/31/02) to Extend Time to complete depositions of Government experts until 2/16/02. Response due: 2/19/02. (LTD)
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                                                                                                                  Blank -- Filed: 2/1/2002, Entered: 2/1/2002
                                                                                                                  CASE reassigned to Judge James T. Turner . (DS)
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                                                                                                                    Blank 79 Filed: 1/11/2002, Entered: 1/11/2002 Court Filing
                                                                                                                    Notice of reassignment to Judge James T. Turner, effective February 1, 2002. Copy to parties. (DS)
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                                                                                                                      Blank 78 Filed: 1/7/2002, Entered: 1/8/2002 OrderCourt Filing
                                                                                                                      ORDER re: reassigmnet of cases. ( signed by Sr. Judge Loren A. Smith ) Copy to parties. (FE)
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                                                                                                                        Blank 77 Filed: 11/20/2001, Entered: 11/21/2001 OrderCourt Filing
                                                                                                                        ORDER granting [76-1] motion for Leave to correct response to motion to reopen fact discovery to depose five witnesses (signed by Judge Robert H. Hodges). Copy to parties. (FE)
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                                                                                                                          Blank 76 Filed: 11/16/2001, Entered: 11/19/2001, Terminated: 11/20/2001 Terminated:
                                                                                                                          MOTION by USA (Service: 11/16/01) for Leave to correct response to motion to reopen fact discovery to depose five witnesses . Response due: 12/3/01. (FE)
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                                                                                                                            Blank 75 Filed: 9/7/2001, Entered: 9/7/2001
                                                                                                                            REPLY by D & N BANK and DETROIT & NORTHERN to response to [72-1] motion to reopen fact discovery to depose five witnesses the defendant failed to disclose during fact discovery. Service: 9/7/01. (FE)
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                                                                                                                              Blank 74 Filed: 8/28/2001, Entered: 8/29/2001 Terminated:
                                                                                                                              RESPONSE by USA (Service: 8/28/01) to [72-1] motion to reopen fact discovery to depose five witnesses the defendant failed to disclose during fact discovery. Reply due: 9/10/01. (FE)
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                                                                                                                                Blank 73 Filed: 8/20/2001, Entered: 8/21/2001 Reply to Response to Motion
                                                                                                                                REPLY by D & N BANK, DETROIT & NORTHERN to response to [70-1] motion to Withdraw it's initial response to defendnat's request for admission No. 16 and to supplement it's response to request for admission No. 16 . Service by hand: 8/20/01. (FE)
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                                                                                                                                  Blank 72 Filed: 8/14/2001, Entered: 8/14/2001, Terminated: 2/26/2002 Motion for Miscellaneous Relief
                                                                                                                                  MOTION by D & N BANK (Service: 8/14/01) to reopen fact discovery to depose five witnesses the defendant failed to disclose during fact discovery Response due: 8/31/01. (FE)
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                                                                                                                                    Blank 71 Filed: 8/8/2001, Entered: 8/9/2001 Terminated:
                                                                                                                                    RESPONSE by USA (Service: 8/8/01 ) to [70-1] motion to Withdraw it's initial response to defendnat's request for admission No. 16 and to supplement it's response to request for admission No. 16. Reply due: 8/22/01. (LTD)
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                                                                                                                                      Blank 70 Filed: 7/25/2001, Entered: 7/26/2001, Terminated: 3/15/2002 Terminated:
                                                                                                                                      MOTION by D & N BANK, DETROIT & NORTHERN (Service: 7/25/01 ) to Withdraw it's initial response to defendnat's request for admission No. 16 and to supplement it's response to request for admission No. 16 . Response due: 8/8/01. (FE)
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                                                                                                                                        Blank 69 Filed: 2/20/2001, Entered: 2/22/2001 Terminated:
                                                                                                                                        RESPONSE by USA (Service: 2/20/01) to [62-1] motion for Leave to file surreply. Reply due: 3/5/01. (FE)
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                                                                                                                                          Blank 68 Filed: 2/12/2001, Entered: 2/13/2001 Affidavit
                                                                                                                                          DECLARATION OF KENNETH D. SEATON by D & N BANK, DETROIT & NORTHERN Re: in support of statement of genuine issues. Service 2/12/01. (FE)
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                                                                                                                                            Blank 67 Filed: 2/12/2001, Entered: 2/13/2001 OrderCourt Filing
                                                                                                                                            ORDER granting [61-1] motion for Leave to file original signed declaration of Kenneth D. Seaton and granting [58-1] motion for Leave to file statement of genuine issues ( signed by Senior Judge Loren A. Smith). Copy to parties. (FE)
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                                                                                                                                              Blank 66 Filed: 2/9/2001, Entered: 2/12/2001 Reply to Response to Motion
                                                                                                                                              REPLY by D & N BANK and DETROIT & NORTHERN to response to [58-1] motion for Leave to file statement of genuine issues . Service: 2/9/01. (FE)
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                                                                                                                                                Blank 65 Filed: 2/2/2001, Entered: 2/6/2001 OrderCourt Filing
                                                                                                                                                ORDER re: the decision from Board of Correction of Naval Records (BCNR). Absent the BCNR decision by 7/25/01, Parties directed to file a Status Report as to the amount of additional time estimated to be needed to reach a decision, etc. The Status Report shall be file by 8/9/01 ( signed by Senior Judge Loren A. Smith ) Copy to parties. (HW)
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                                                                                                                                                  Blank 64 Filed: 2/2/2001, Entered: 2/5/2001 Terminated:
                                                                                                                                                  RESPONSE by USA (Service: 2/2/01) to [61-1] motion for Leave to file original signed declaration of Kenneth D. Seaton. Reply due: 2/16/01. (FE)
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                                                                                                                                                    Blank 63 Filed: 2/2/2001, Entered: 2/5/2001 Terminated:
                                                                                                                                                    RESPONSE by USA (Service: 2/2/01) to [58-1] motion for Leave to file statement of genuine issues. Reply due: 2/16/01. (FE)
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                                                                                                                                                      Blank 62 Filed: 1/31/2001, Entered: 2/1/2001 Terminated:
                                                                                                                                                      MOTION by D & N BANK (Service : 1/31/01 ) for Leave to file surreply to defendant's reply re: motion to dismiss, etc.. Response due: 2/20/01 (DS)
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                                                                                                                                                        Blank 61 Filed: 1/18/2001, Entered: 1/19/2001, Terminated: 2/12/2001 Terminated:
                                                                                                                                                        MOTION by D & N BANK, DETROIT & NORTHERN (Service : 1/18/01 ) for Leave to file original signed declaration of Kenneth D. Seaton . Response due: 2/5/01 (DS)
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                                                                                                                                                          Blank 60 Filed: 1/17/2001, Entered: 1/19/2001 Reply to Response to Motion
                                                                                                                                                          REPLY by USA to response to [48-1] supplemental cross motion. Service: 1/17/01 (DS)
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                                                                                                                                                            Blank 59 Filed: 1/16/2001, Entered: 1/19/2001 Terminated:
                                                                                                                                                            REPLY by D & N BANK, DETROIT & NORTHERN to [56-1] response by USA. Service: 1/16/01 (DS)
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                                                                                                                                                              Blank 58 Filed: 1/16/2001, Entered: 1/17/2001 Terminated:
                                                                                                                                                              MOTION by D & N BANK, DETROIT & NORTHERN (Service: 1/16/01) for Leave to file statement of genuine issues . Response due: 2/2/01 (DS)
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                                                                                                                                                                Blank 57 Filed: 1/5/2001, Entered: 1/6/2001 Terminated:
                                                                                                                                                                MOTION by USA (Service : 1/5/01 ) For leave to exceed the page limitation , (by 15 pages). (HW)
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                                                                                                                                                                  Blank 56 Filed: 12/20/2000, Entered: 1/19/2001 Terminated:
                                                                                                                                                                  RESPONSE, together with a separate volume of appendix, by USA to [52-1] memorandum by DETROIT & NORTHERN, D & N BANK. Service: 12/20/00 (DS)
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                                                                                                                                                                    Blank 55 Filed: 12/20/2000, Entered: 12/26/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                    PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 12/20/00. (HW)
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                                                                                                                                                                      Blank 54 Filed: 12/20/2000, Entered: 1/19/2001 Terminated:
                                                                                                                                                                      RESPONSE, together with a separate volume of appendix, by D & N BANK, DETROIT & NORTHERN (Service: 12/20/00 ) to [48-1] supplemental cross motion. Reply due: 1/17/01 (DS) Modified on 01/19/2001
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                                                                                                                                                                        Blank 53 Filed: 12/20/2000, Entered: 12/26/2000 Statement of Genuine Issues
                                                                                                                                                                        STATEMENT OF GENUINE ISSUES by D & N BANK, DETROIT & NORTHERN. Service: 12/20/00. (HW)
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                                                                                                                                                                          Blank 52 Filed: 10/26/2000, Entered: 1/19/2001 Memorandum
                                                                                                                                                                          SUPPLEMENTAL MEMORANDUM by D & N BANK, DETROIT & NORTHERN re: [17-1] motion for partial Summary Judgment on liability: acquisition of First Federal Savings & Loan Association of Flint by D & N BANK. Service: 10/17/00 (DS) Modified on 01/19/2001
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                                                                                                                                                                            Blank 51 Filed: 10/26/2000, Entered: 10/27/2000 OrderCourt Filing
                                                                                                                                                                            ORDER granting [50-1] motion for Leave to File supplemental memorandum in support of "short form" motion for partial summary judgment on liability filed 12/17/96. ( signed by Senior Judge Loren A. Smith ) Copy to parties. (JT)
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                                                                                                                                                                              Blank 50 Filed: 10/17/2000, Entered: 10/20/2000, Terminated: 10/26/2000 Terminated:
                                                                                                                                                                              MOTION by D & N BANK, DETROIT & NORTHERN (Service : 10/17/00 (by hand)) for Leave to File supplemental memorandum in support of "short form" motion for partial summary judgment on liability filed 12/17/96. Response due: 10/31/00 (JT)
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                                                                                                                                                                                Blank 49 Filed: 10/17/2000, Entered: 10/19/2000 Proposed Findings of Uncontroverted Fact
                                                                                                                                                                                PROPOSED FINDINGS of Uncontroverted Fact by USA. Service: 10/17/00 (JT)
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                                                                                                                                                                                  Blank 48 Filed: 10/17/2000, Entered: 1/19/2001 Terminated:
                                                                                                                                                                                  SUPPLEMENTAL CROSS MOTION, together with a separate volume of appendix, by USA ( Service: 10/17/00 ) and RESPONSE to [17-1] motion for partial Summary Judgment on liability: acquisition of First Federal Savings & Loan Association of Flint by D & N BANK. (DS) Modified on 01/19/2001
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                                                                                                                                                                                    Blank 47 Filed: 10/4/2000, Entered: 10/6/2000 Terminated:
                                                                                                                                                                                    MOTION by D & N BANK, DETROIT & NORTHERN (Service : 10/4/00 ) to Extend Time to file dispositive motions [until October 17, 2000]. Response due: 10/23/00 (JT)
                                                                                                                                                                                      LREF
                                                                                                                                                                                      Blank 46 Filed: 9/25/2000, Entered: 9/28/2000 Terminated:
                                                                                                                                                                                      MOTION by USA (Service : 9/25/00 ) For leave to exceed the page limitation. (JT)
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                                                                                                                                                                                        Blank 45 Filed: 10/4/1999, Entered: 10/6/1999 Notice of Appearance/
                                                                                                                                                                                        NOTICE of Attorney Appearance for USA by David Dean Zimmerman. Service: 10/1/99. (FE)
                                                                                                                                                                                          LREF
                                                                                                                                                                                          Blank 44 Filed: 9/23/1999, Entered: 9/30/1999 Notice of Appearance/
                                                                                                                                                                                          NOTICE of Attorney Appearance for USA by David Dean Zimmerman. Service : 9/23/99 (JT)
                                                                                                                                                                                            LREF
                                                                                                                                                                                            Blank 42 Filed: 5/26/1999, Entered: 6/1/1999 Terminated:
                                                                                                                                                                                            MOTION by D & N BANK, DETROIT & NORTHERN (Service : 5/26/99 ) to substitute attorney (consented) Terminated attorney Jeffrey Glenn Sorenson for DETROIT & NORTHERN, attorney Jeffrey Glenn Sorenson for D & N BANK Added Melvin Carl Garbow. (JT)
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                                                                                                                                                                                              Blank 41 Filed: 4/6/1999, Entered: 4/12/1999 Remark
                                                                                                                                                                                              See Order of 4/6/99 in 90-8 (JT)
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                                                                                                                                                                                                Blank 40 Filed: 1/4/1999, Entered: 1/6/1999 ~Notice (other)
                                                                                                                                                                                                NOTICE of Decision to Opt-Out of Case-Specific Discovery by D & N BANK, DETROIT & NORTHERN. Service: 12/29/98 (JT)
                                                                                                                                                                                                  LREF
                                                                                                                                                                                                  Blank 39 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 38 Filed: 9/8/1998, Entered: 9/10/1998 Terminated:
                                                                                                                                                                                                    RESPONSE by USA to [37-1] response by D & N BANK. Service: 9/8/98 (JT)
                                                                                                                                                                                                      LREF
                                                                                                                                                                                                      Blank 37 Filed: 8/26/1998, Entered: 8/26/1998, Terminated: 6/13/2002 Response
                                                                                                                                                                                                      RESPONSE by D & N BANK to [35-1] notice by USA re: motion for leave to file supplemental authority. Service: 8/25/98 (AB)
                                                                                                                                                                                                        LREF
                                                                                                                                                                                                        Blank 36 Filed: 8/13/1998, Entered: 8/17/1998 Reply to Response to Motion
                                                                                                                                                                                                        REPLY by USA to response to [33-1] motion to Stay of proceedings. Service: 8/13/98. (FE)
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                                                                                                                                                                                                          Blank 35 Filed: 8/12/1998, Entered: 8/13/1998 ~Notice (other)
                                                                                                                                                                                                          NOTICE of Filing Motion for Leave to File Supplemental Authority with the Court by USA. Service: 8/12/98 (JT)
                                                                                                                                                                                                            LREF
                                                                                                                                                                                                            Blank 34 Filed: 8/3/1998, Entered: 8/7/1998 Terminated:
                                                                                                                                                                                                            RESPONSE by D & N BANK, DETROIT & NORTHERN (Service: 7/30/98 ) to [33-1] motion to Stay proceedings. Reply due: 8/10/98 (JT)
                                                                                                                                                                                                              LREF
                                                                                                                                                                                                              Blank 33 Filed: 7/17/1998, Entered: 7/22/1998 Terminated:
                                                                                                                                                                                                              MOTION by USA (Service : 7/17/98 ) to Stay of proceedings on motions for summary judgment in certain cases, etc. Response due: 8/7/98 (HW)
                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                Blank 32 Filed: 7/14/1998, Entered: 7/17/1998 Terminated:
                                                                                                                                                                                                                MOTION by D & N BANK, DETROIT & NORTHERN (Service : 7/10/98 ) to substitute attorney (consented) Terminated attorney John Wendell Allen for DETROIT & NORTHERN, attorney John Wendell Allen for D & N BANK Added Jeffrey Glenn Sorenson. (JT)
                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                  Blank 31 Filed: 5/22/1998, Entered: 5/28/1998 Memorandum
                                                                                                                                                                                                                  SURREPLY by USA re: [30-1] response by DETROIT & NORTHERN, D & N BANK. Service: 5/22/98 (JT)
                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                    Blank 30 Filed: 5/15/1998, Entered: 5/20/1998 Terminated:
                                                                                                                                                                                                                    REPLY by D & N BANK, DETROIT & NORTHERN to [29-1] response by USA. Service: 5/14/98 (JT)
                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                      Blank 29 Filed: 4/30/1998, Entered: 5/4/1998 Terminated:
                                                                                                                                                                                                                      RESPONSE by USA to [28-1] notice filing [proposed order] by DETROIT & NORTHERN, D & N BANK. Service: 4/30/98 (DS)
                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                        Blank 28 Filed: 3/31/1998, Entered: 4/2/1998 notice of filing
                                                                                                                                                                                                                        Notice of filing Proposed Order by D & N BANK, DETROIT & NORTHERN. Service: 3/30/98 (JT)
                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                          Blank 27 Filed: 2/20/1998, Entered: 2/23/1998 Terminated:
                                                                                                                                                                                                                          RESPONSE by USA to Order of December 22, 1997. Service: 2/20/98 (See Order of December 22, 1997, entered in No. 92-138.) (CDC)
                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                            Blank 26 Filed: 2/20/1998, Entered: 2/23/1998 notice of filing
                                                                                                                                                                                                                            Notice of filing notice of appearance of David M. Cohen with respect to the pending cross-motions for partial summary judgment and the Order of December 22, 1997, by USA Service: 2/20/98 (CDC)
                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                              Blank 23 Filed: 7/15/1997, Entered: 7/18/1997 Notice of Appearance/
                                                                                                                                                                                                                              NOTICE of Attorney Appearance for USA by Katherine Mary Kelly Service : 7/14/97 (CDC)
                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                Blank 25 Filed: 7/14/1997, Entered: 7/24/1997 Terminated: Court Filing
                                                                                                                                                                                                                                MOTION by D & N BANK, DETROIT & NORTHERN (Service: 6/26/97) for Summary Judgment , by leave of the Judge, together with separate one volume appendix. [IN CAMERA]. Response due: 7/28/97. (HW)
                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                  Blank 24 Filed: 7/14/1997, Entered: 7/24/1997 Reply to Response to Motion
                                                                                                                                                                                                                                  REPLY by USA to response to [18-1] cross motion. Service: 7/14/97. (HW)
                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                    Blank 22 Filed: 7/9/1997, Entered: 7/18/1997 OrderCourt Filing
                                                                                                                                                                                                                                    ORDER granting [21-1] motion to Extend Time to July 14, 1997, to respond to plaintiff's reply brief in support of its motion for partial summary judgment and opposition to defendant's cross motion for partial summary judgment. Reply to Response to Motion reset to 7/14/97 for [18-1] cross motion ( signed by Chief Judge Loren A. Smith ) Copy to parties. (CDC)
                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                      Blank 21 Filed: 7/3/1997, Entered: 7/16/1997, Terminated: 7/9/1997 Terminated:
                                                                                                                                                                                                                                      MOTION by USA (Service : 6/27/97 ) to Extend Time to July 14, 1997, to respond to plaintiff's reply brief in support of its motion for partial summary judgment and opposition to defendant's cross motion for partial summary judgment. Response due: 7/14/97 (CDC)
                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                        Blank 20 Filed: 5/20/1997, Entered: 5/23/1997 Terminated: Court Filing
                                                                                                                                                                                                                                        RESPONSE by D & N BANK, DETROIT & NORTHERN (Service: 5/13/97) to [18-1] cross motion, by leave of the Judge. Reply due: 5/30/97 (HW)
                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                          Blank 19 Filed: 4/18/1997, Entered: 5/1/1997 Memorandum
                                                                                                                                                                                                                                          Supplemental filing pursuant to paragraph 5.d. of the Omnibus Case Management Order by USA. Service: 4/18/97 (DS)
                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                            Blank 18 Filed: 2/18/1997, Entered: 2/26/1997, Terminated: 5/21/2002 Terminated:
                                                                                                                                                                                                                                            CROSS MOTION by USA (Service: 2/18/97) and RESPONSE to [17-1] motion for partial Summary Judgment on liability: acquisition of First Federal Savings & Loan Association of Flint by D & N BANK. Response due: 3/21/97. (FE)
                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                              Blank 17 Filed: 12/17/1996, Entered: 12/19/1996 Terminated:
                                                                                                                                                                                                                                              MOTION by D & N BANK (Service: 12/16/96) for partial Summary Judgment on liability: acquisition of First Federal Savings & Loan Association of Flint . Response due: 1/16/97 (FE)
                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                Blank 16 Filed: 8/28/1996, Entered: 9/5/1996 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                SEE ORDER IN 90-8C for Notice of reassignment to Chief Judge Loren A. Smith. Copy to parties. (FE)
                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                  Blank 15 Filed: 8/19/1996, Entered: 8/23/1996 Terminated:
                                                                                                                                                                                                                                                  MOTION by USA (Service : 8/19/96) for Leave to File proposed pretrial order . Response due: 9/5/96 (FE)
                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                    Blank 14 Filed: 7/25/1996, Entered: 7/29/1996 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)
                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                      Blank 13 Filed: 7/22/1996, Entered: 7/25/1996 Status Report
                                                                                                                                                                                                                                                      STATUS REPORT by USA Service: 7/22/96 (FE)
                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                        Blank 12 Filed: 6/28/1996, Entered: 7/11/1996 Notice of Change of Address
                                                                                                                                                                                                                                                        NOTICE of change of address by Thomas Owen Mason (FE)
                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                          Blank 11 Filed: 5/21/1996, Entered: 5/24/1996 Terminated:
                                                                                                                                                                                                                                                          MOTION by D & N BANK, DETROIT & NORTHERN (Service : 5/20/96) for Leave to File a response to the motion to adopt special case management procedures . Response due: 6/6/96 (FE)
                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                            Blank 10 Filed: 4/29/1996, Entered: 5/1/1996 Terminated:
                                                                                                                                                                                                                                                            MOTION by USA (Service: 4/29/96) for Leave to File copy of motion to adopt special case management procedures . Response due: 5/16/96 (FE)
                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                              Blank 9 Filed: 3/26/1996, Entered: 4/1/1996 OrderCourt Filing
                                                                                                                                                                                                                                                              ORDER granting [8-1] motion for Leave to File a notice with an attached declaration (signed by Judge James F. Merow). Copy to parties. (FE)
                                                                                                                                                                                                                                                                LREF
                                                                                                                                                                                                                                                                Blank 8 Filed: 3/19/1996, Entered: 3/25/1996, Terminated: 3/26/1996 Terminated:
                                                                                                                                                                                                                                                                MOTION by USA (Service : 3/19/96) for Leave to File a notice with an attached declaration Response due: 4/5/96 (FE)
                                                                                                                                                                                                                                                                  LREF
                                                                                                                                                                                                                                                                  Blank 6 Filed: 10/11/1995, Entered: 10/17/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                  ORDER denying [4-1] motion to Extend Time to respond to complaint (signed by Judge James F. Merow). Copy to parties. (FE)
                                                                                                                                                                                                                                                                    LREF
                                                                                                                                                                                                                                                                    Blank 7 Filed: 10/6/1995, Entered: 10/17/1995 OrderCourt Filing
                                                                                                                                                                                                                                                                    ORDER granting [5-1] motion to Stay pending Winstar decision with counsel to file status report(s) within 20 days after expiration of stay. (signed by Judge James F. Merow) Copy to parties. (FE)
                                                                                                                                                                                                                                                                      LREF
                                                                                                                                                                                                                                                                      Blank 5 Filed: 10/6/1995, Entered: 10/12/1995, Terminated: 10/6/1995 Terminated:
                                                                                                                                                                                                                                                                      MOTION by USA (Service: 10/6/95) to Stay pending Winstar decision . (FE)
                                                                                                                                                                                                                                                                        LREF
                                                                                                                                                                                                                                                                        Blank 4 Filed: 10/6/1995, Entered: 10/12/1995, Terminated: 10/11/1995 Terminated:
                                                                                                                                                                                                                                                                        MOTION by USA (Service : 10/6/95) to Extend Time to respond to complaint until 45 days following action on motion to stay. (FE) Modified on 10/12/1995
                                                                                                                                                                                                                                                                          LREF
                                                                                                                                                                                                                                                                          Blank 3 Filed: 8/21/1995, Entered: 8/24/1995 Notice of Appearance/
                                                                                                                                                                                                                                                                          NOTICE of Attorney Appearance for USA by Thomas Owen Mason Service : 8/21/95 (HW)
                                                                                                                                                                                                                                                                            LREF
                                                                                                                                                                                                                                                                            Blank 2 Filed: 8/8/1995, Entered: 8/11/1995 Case Assigned/ReassignedCourt Filing
                                                                                                                                                                                                                                                                            Notice of assignment to Judge James F. Merow. Copy to parties. (FE)
                                                                                                                                                                                                                                                                              LREF
                                                                                                                                                                                                                                                                              Blank 1 Filed: 8/8/1995, Entered: 8/11/1995 Complaint
                                                                                                                                                                                                                                                                              COMPLAINT, FILING FEE $120, RECEIPT #39876. Answer due on 10/10/95. (FE)
                                                                                                                                                                                                                                                                                LREF

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