Free Witness List - District Court of Federal Claims - federal

Case 1:95-cv-00829-TCW

Document 254

Filed 05/23/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS STERLING SAVINGS ASSOCIATION, a state-chartered savings association, STERLING FINANCIAL CORPORATION, a Washington Corporation, vs. Plaintiffs,

Court No. 95-829-C (Judge Wheeler)

UNITED STATES OF AMERICA, Defendant.

PLAINTIFFS' REVISED WITNESS LIST I. GOVERNMENT WITNESSES - WILL CALL 1. James Faulstich c/o George W. Akers Montgomery Purdue Blankinship & Austin 701 Fifth Ave., #5800 Seattle, WA 98104 Subject: Mr. Faulstich will testify regarding the quality of Sterling's management and Sterling's capacity and penchant for growth as well as Sterling's aggressive growth policy. Time: 3/4 hours II. STERLING BOARD WITNESSES - WILL CALL 2. Rodney W. Barnett 919 W. First Avenue Spokane, WA Subject: Mr. Barnett will testify regarding the philosophy and growth history of

Case 1:95-cv-00829-TCW

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Sterling and the negative impact on Sterling's growth, earnings and business development as a result of the government's breach. Time: 1/2 hour 3. Robert Larrabee 2323 Third Avenue Clarkston, WA 99403 Subject: Mr. Larrabee will testify regarding the philosophy and growth history of Sterling and the negative impact on Sterling's growth, earnings and business development as a result of the government's breach. Time: 1/2 hour III. STERLING EMPLOYEE WITNESSES - WILL CALL 4. Daniel Byrne c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Byrne has been at all relevant times a Senior Vice President and Chief Financial Officer of Sterling. In that capacity he has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal Savings & Loan, Tri-Cities Savings & Loan and Central Evergreen Savings and Loan, and of the nature of the damages suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. Mr. Byrne will testify. Time: 6 to 8 hours 5. Harold B. Gilkey c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Gilkey has been at all relevant times Chief Executive Officer and a director of Sterling Savings Association (now Sterling Savings Bank) and of Sterling Financial Corporation, a savings and loan holding company (collectively "Sterling"). In that capacity he has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal Savings & Loan, Tri-Cities Savings & Loan and Central Evergreen Savings and 2

Case 1:95-cv-00829-TCW

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Loan, and of the nature of the damages suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. He will testify. Time: 6 to 8 hours 6. William W. Zuppe c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Zuppe has been at all relevant times President, Chief Operating Officer and a director of Sterling. In that capacity he has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal Savings & Loan, Tri-Cities Savings & Loan and Central Evergreen Savings and Loan, and of the nature of the damages suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. He will testify. Time: 2 to 3 hours 7. Heidi B. Stanley c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Ms. Stanley has been at all relevant times a Senior Vice President of Sterling. In that capacity she has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal Savings & Loan, Tri-Cities Savings & Loan and Central Evergreen Savings and Loan, and of the nature of the damages suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. She will testify. Time: 3/4 hour 8. John Harlow c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Harlow has been at all relevant times a Vice President of Sterling and President of Intervest Mortgage Investment Co., a wholly owned subsidiary of Sterling. In that capacity, he has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal 3

Case 1:95-cv-00829-TCW

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Savings & Loan, Tri-Cities & Loan and Central Evergreen Savings and Loan, and of the nature of the damage suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. John Harlow will testify. Time: 1-1/4 hours 9. Stephen Page c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Page has been at all relevant times Vice President and Chief Lending Officer of Sterling. In that capacity, he has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal Savings & Loan, Tri-Cities & Loan and Central Evergreen Savings and Loan, and of the nature of the damage suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. Mr. Page will testify. Time: 1 hour 10. Cajer Neely 601 Main Street, Suite 917 Spokane, WA 99201 Subject: Mr. Neely is a former Sterling Savings Association Loan Officer and has knowledge of customers lost as a result of the government's breach of the contracts in Sterling's acquisitions of Lewis Federal Savings & Loan and Tri-Cities Savings & Loan. Mr. Neely may testify. Time: 1/2 hour IV. DAIN RAUSCHER - WILL CALL 11. J. David Welch River Oaks Capital 1905 East Wayzata Boulevard, Suite 140 Wayzata, MN 55391 Subject: Mr. Welch will testify with regard to the condition of the financial markets and Sterling's efforts to raise capital from 1989 to 1992. Time: 1 hour

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Case 1:95-cv-00829-TCW

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12.

Adgate Duer 20455 First Avenue N.E., #D-301 Poulsbo, WA 98370 Subject: Mr. Duer will testify regarding Sterling's efforts to raise capital in 1989 through 1992 and the receptiveness of the financial markets to capital raising efforts by financial institutions during that time. Time: 1 hour

V.

EXPERTS - WILL CALL 13. Paul M. Horvitz, Ph.D. 150 Sugarberry Circle Houston, TX 77024 Subject: Professor Horvitz will testify with regard to Sterling's lost profits and the value thereof as a result of the government's breach. Time: 4 hours. 14. Christopher M. James, Ph.D. 1000 El Camino Real Menlo Park, CA 94025 Subject: Professor James will testify with regard to the cost of capital raised by Sterling in 1991 through 1993 as a potential measure of damage from the government's breach. Time: 2 to 2-1/2 hours 15. William B. Connerly, Ph.D. 7145 S.W. Varns Portland, OR 97223 Subject: Dr. Connerly will testify regarding the robust nature of the economy in the early to mid 1990s in the Pacific Northwest where Sterling is located. Time: 3/4 hours 16. Paul Allan Schott 1330 Lancia Drive McClean, VA 22104-2204 5

Case 1:95-cv-00829-TCW

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Subject: Although primarily a rebuttal witness, Mr. Schott will testify, in the event that W. Barefoot Bankhead, designated by the government, is not stricken, with regard to matters and issues raised in Mr. Bankhead's Report dated February 15, 2007. Time: 1-1/4 hours VI. MAY CALL 1. Norman C. Judd c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Judd has been at all relevant times either Controller or a Vice President of Sterling. In that capacity, he has personal knowledge of the government's breach of its contracts with Sterling arising from the supervisory acquisitions of Lewis Federal Savings & Loan, Tri-Cities & Loan and Central Evergreen Savings and Loan, and of the nature of the damage suffered by Sterling as a consequence of the breach of the Lewis Federal and Tri-Cities Agreements. Mr. Judd may testify. Time: 1/2 hour 12. Gary Crithfield c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201 Subject: Mr. Crithfield is a former Sterling Savings Association Loan Officer who has knowledge of customers lost as a result of the government's breach of the contracts in Sterling's acquisitions of Lewis Federal Savings & Loan and TriCities Savings & Loan. Mr. Crithfield may testify. Time: 1/2 hour 3. Thomas M. Beil 5608 S. Savannah Lane Spokane, WA 99223 Subject: Mr. Beil is a former Sterling Savings Association Loan Officer and has knowledge of customers lost as a result of the government's breach of the

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Case 1:95-cv-00829-TCW

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contracts in Sterling's acquisitions of Lewis Federal Savings & Loan and TriCities Savings & Loan. Mr. Beil may testify. Time: 1/2 hour VII. WILL COVER ON CROSS EXAMINATION 1. William J. Durbin 16432 Southeast 24th Street Bellevue, WA 98008 Subject: Mr. Durbin may testify concerning the cancellation of 1989 offering and reasons therefor. Time: 1/4 to 1/2 hour 2. Edward Hedlund 425 Pike Street Seattle, WA 98101 Subject: Mr. Hedlund may testify regarding the formation of Tri Cities and Central Evergreen transactions Time: 1/4 to 1/2 hour VIII. GENERAL Sterling reserves the right to call any witness listed by the government or deposed in the case, whether live or by deposition, including Dr. William Hamm.

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Case 1:95-cv-00829-TCW

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Respectfully submitted this 23rd day of May, 2007. WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. By: /s/ William D. Symmes William D. Symmes, Counsel of Record And Member Of the Bar of the United States Court of Federal Claims 1100 U.S. Bank Building 422 West Riverside Avenue Spokane, WA 99201-0300 Telephone No. (509) 624-5265 Facsimile No. (509) 458-2717 Attorneys for Plaintiffs

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Case 1:95-cv-00829-TCW

Document 254

Filed 05/23/2007

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CERTIFICATE OF SERVICE I certify under penalty of perjury that on May 23, 2007 a copy of the foregoing PLAINTIFFS' REVISED WITNESS LIST 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/ William D. Symmes William D. Symmes Attorney for Plaintiff

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