Free Stipulation - District Court of Federal Claims - federal

Case 1:94-cv-00522-MCW

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS FIRST ANNAPOLIS BANCORP, INC., Plaintiff, v. THE UNITED STATES, Defendant. ) ) ) ) ) ) ) ) )

No. 94-522C (Judge Williams)

JOINT STIPULATIONS OF PRE-TRIAL AND TRIAL PROCEDURES Pursuant to Rules of the United States Court of Federal Claims ("RCFC") Appendix A, § VI., paragraphs 11, 14(c), and 17, plaintiff, First Annapolis Bancorp, Inc. ("Bancorp"), and defendant, the United States, respectfully submit this joint stipulation for the Court's review and, if acceptable, approval and entry as an order governing pre-trial and trial procedures. 1. Pursuant to the Court's Master Stipulation and Order dated December 7, 1999, all

documents (other than handwritten notes) produced in discovery by any party in a Winstarrelated case are presumed to be authentic, so long as the document bears an identification number pursuant to the Master Protective Order; however, any party may challenge this presumption with respect to a particular document for good cause shown. Handwritten notes include documents that are entirely handwritten and handwritten marginalia on typed or printed documents. Handwritten notes may be authenticated at trial in any manner permitted by the Federal Rules of Evidence. 2. If a witness, listed in either party's witness list, is necessary to support or negate

the admissibility of a document to which an objection has been made, any party may call or recall, as the case may be, that witness to testify concerning the factual foundation relating to the admissibility of any document. Further, in the event that the admissibility of a document cannot

Case 1:94-cv-00522-MCW

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be supported or negated by a witness listed in either party's witness list, either party may call individuals not previously listed as witnesses for the sole purpose of establishing admissibility. 3. A party shall serve one copy electronically or two copies by hand of each

demonstrative exhibit it intends to use with respect to a witness on direct or redirect examination no later than 48 hours before the exhibit is to be used. The following are not considered demonstratives for the purpose of this stipulation: copies of pages from exhibits or proposed exhibits, and copies of trial transcripts. 4. Each party may seek at trial to introduce into evidence exhibits from the list of the

other party. A party does not waive objections to the introduction of an exhibit by the other party by listing it. 5. A party need not provide a synopsis or statement of significance for its exhibits,

as required by RCFC Appendix A, unless the party intends to introduce more than 1,000 exhibits. 6. Each party shall provide opposing counsel with copies of all exhibits used with

each witness at trial. 7. Nothing in this stipulation shall be construed as an agreement concerning the

admissibility of any document at trial, or an agreement concerning the applicability of any Rule of Evidence other than the Rules governing authenticity of documents. 8. Defendant may elicit witness testimony out of turn from witnesses plaintiff calls

during its case-in-chief without foreclosing defendant's ability to file a Rule 52(c) motion.

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9.

Any sequestration of witnesses ordered shall not apply to expert witnesses or a

single party representative for each party. 10. All outstanding objections not expressly waived herein are reserved for trial.

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Respectfully submitted, COOTER, MANGOLD, TOMPERT & KARAS, L.L.P. MICHAEL HERTZ Deputy Assistant Attorney General s/Jeanne E. Davidson s/Dale A. Cooter Dale A. Cooter 5301 Wisconsin Avenue, NW Suite 500 Washington, DC 20015 Tel: (202) 537-0700 FAX: (202) 364-3664 OF COUNSEL: JAMES E. TOMPERT Attorney for Plaintiff First Annapolis Bancorp, Inc. March 8, 2007 JEANNE E. DAVIDSON Director s/Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director s/Richard B. Evans RICHARD B. EVANS Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit, 8th Floor 1100 L Street, N.W. Washington, D.C. 20530 Telephone: (202) 353-7760 Facsimile: (202) 305-7644 OF COUNSEL: TIMOTHY ABRAHAM MELINDA HART MARK PITTMAN DELISA SANCHEZ Trial Attorneys Attorneys for Defendant March 8, 2007

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SO ORDERED:

_________________________________ MARY ELLEN COSTER WILLIAMS Judge

______________ DATE

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CERTIFICATE OF FILING I hereby certify that on March 8, 2007, a copy of the foregoing "JOINT STIPULATIONS OF PRE-TRIAL AND TRIAL PROCEDURES " was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Richard B. Evans

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