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Case 1:92-cv-00550-MCW

Document 143

Filed 10/23/2006

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NORTHEAST SAVINGS, F.A.
Plaint%
) ) ) ) ) ) ) ) ) )

v. UNITED STATES OF AMERICA,
Defendant.

Civil Action No. 92-550C Judge Williams

PLAINTIFF'S RESPONSE TO DEFENDANT'S NOTICE OF DEPOSITION TESTIMONY COUNTER- AND CROSS-DESIGNATIONS OF MESSRS. BURKE, MORIARTY, RICCOBONO, RYAN AND WARE Pursuant to the Court's ruling from the bench during the October 17 pre-trial conference, and the Court's order dated October 17, Plaintiff Northeast Savings, F.A. ("Northeast") hereby respectfully responds to Defendant's Notice of Deposition Testimony Counter- and CrossDesignations of Messrs. Burke, Moriarty, Riccobono, Ryan and Ware ("Defendant's Notice"), as corrected notice, filed October 23, regarding its designations of testimony well as ~efendant's from Mr. Riccobono. Northeast has reviewed the Government's counter-designations and crossdesignations of the deposition testimony given by Messrs. Burke, Moriarty, Riccobono (as corrected), Ryan, and Ware. While Northeast believes that some of the Government's designations address subject matters that are different from the subject matters addressed in Northeast's original designations, and that therefore such designations by the Government are not needed to place IVortheast's designations into context, Northeast does not object to the Government's designations. Northeast does respectfully submit, however, that if the Court does admit the testimony designated by the Government, it should also admit a few additional excerpts from the Burke, Ryan, and Ware depositions that are needed to place the testimony designated by the Govern-

Case 1:92-cv-00550-MCW

Document 143

Filed 10/23/2006

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ment into context. In particular, Northeast has identified the following testimony "which ought in fairness . . . be considered," RCFC 32(a)(4), with the testimony designated by the Government: John Burke James Ware John Ryan 28: 16 - 28:23 (excerpt attached at Tab 1 of Defendant's Notice) 70:23 - 72:5 (excerpt attached at Tab 5 of Defendant's Notice) 41 :18 - 42: 12 (excerpt attached hereto at Tab 1)

Respectfully submitted, s/Charles J. Cooper Charles J. Cooper COOPER KIRK, & PLLC 555 Eleventh Street, N.W., Suite 750 Washington, D.C. 20004 (202) 220-9600 (202) 220-9601 (fax) Counsel of Record Of Counsel: Michael W. Kirk Vincent J. Colatriano David H. Thompson David Lehn COOPER KIRK, & PLLC 555 Eleventh Street, N. W., Suite 750 Washington, D.C. 20004 (202) 220-9600 (202) 220-9601 (fax) Dated: October 23, 2006

Case 1:92-cv-00550-MCW

Document 143

Filed 10/23/2006

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CERTIFICATE OF SERVICE

I hereby certify that on this 23rd day of October, 2006, copies of the foregoing Plaintiffs Response to Defendant's Notice of Deposition Testimony Counter- and Cross-designations of Messrs. Burke, Moriarty, Riccobono, Ryan and Ware were filed electronically. Notice of this filing will be sent by operation of the Court's electronic filing system to all parties indicated on the electronic filing receipt. Parties may access this through the Court's system.

IS/ Charles J. Cooper Charles J. Cooper & PLLC COOPER KIRK, 555 Eleventh Street NW Suite 750 Washington, DC 20004 (202) 220-9600 (202) 220-9601 (fax) [email protected]