Free Witness List - District Court of Federal Claims - federal

Case 1:95-cv-00829-TCW

Document 219

Filed 02/14/2007

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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, Plaintiffs, vs. UNITED STATES OF AMERICA, Defendant.

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

PLAINTIFFS' LIST OF WITNESSES PURSUANT TO PARAGRAPH 2(a) & (b) OF THE JANUARY 3, 2007, PRETRIAL ORDER Sterling's witness list contains the names of people currently or formerly employed by Sterling, and experts, as well as witnesses currently or formerly employed by the Government. To the best of Sterling's present information, all of its present and former employees and experts will be available to testify live at the hearing set by the Court. At the Government's request, the Court forbade Sterling to have direct contact with any witnesses who are current or former Government employees. On December 15, 2006, Sterling wrote counsel for the Government to request particulars as to the availability of these witnesses; no reply has yet been forthcoming, so we are unable to report on the condition of these witnesses. In any event, there are certain government witnesses who have

Case 1:95-cv-00829-TCW

Document 219

Filed 02/14/2007

Page 2 of 4

more than 100 miles from the place of the trial and from whom Sterling needs only very brief items of evidence. In the interests of justice, Sterling proposes to offer these by way of deposition under FRFC 32(3): 1. William J. Durbin 16432 Southeast 24th Street Bellevue, WA 98008 Edward Hedlund 425 Pike Street Seattle, WA 98101 David H. Martens 19 Bel Air Drive Orinda, CA 94563 Patricia McJoynt 2340 Commonwealth Park North Bexley, OH 43209 Hilton Hewitt 27421 Compostela Mission Viejo, CA 92692

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Also pursuant to the Pretrial Order, the following witnesses listed by Sterling live more than 100 miles from Spokane to whom Sterling would propose issuing a subpoena: At present, Sterling believes all witnesses it intends to call will appear voluntarily without subpoena, and therefore request no subpoenas be issued at this time, but would respectfully reserve the right to seek subpoenas should circumstances change.

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Case 1:95-cv-00829-TCW

Document 219

Filed 02/14/2007

Page 3 of 4

Respectfully submitted this 14th day of February, 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 219

Filed 02/14/2007

Page 4 of 4

CERTIFICATE OF SERVICE I certify under penalty of perjury that on February 14, 2006, a copy of the foregoing PLAINTIFFS' LIST OF WITNESSES PURSUANT TO PARAGRAPH 2(a) & (b) OF THE JANUARY 3, 2007, PRETRIAL ORDER 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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