Free Witness List - District Court of Federal Claims - federal

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 1 of 10

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' PROPOSED WITNESS LIST I. GOVERNMENT WITNESSES 1. James Faulstich c/o George W. Akers Montgomery Purdue Blankinship & Austin 701 Fifth Ave., #5800 Seattle, WA 98104 Subject: Mr. Faulstich is expected to 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: 1½ hours 2. William J. Durbin 16432 Southeast 24th Street Bellevue, WA 98008 Subject: Mr. Durbin is expected to testify concerning the cancellation of 1989 offering and reasons therefor. Time: ½ hour

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 2 of 10

3.

Edward Hedlund 425 Pike Street Seattle, WA 98101 Subject: Mr. Hedlund is expected to testify regarding the formation of Tri Cities and Central Evergreen transactions Time: ½ hour

4.

David H. Martens 19 Bel Air Drive Orinda, CA 94563 Subject: Mr. Martens is expected to testify regarding the concept, use and ability to generate profits from supervisory goodwill. Time: 1 hour

5.

Patricia McJoynt 2340 Commonwealth Park North Bexley, OH 43209 Subject: Ms. McJoynt is expected to testify regarding her knowledge of the Tri Cities acquisition and the interconnection between Tri Cities and Central Evergreen transactions. Time: 3/4 hour

II.

STERLING BOARD WITNESSES 6. Rodney W. Barnett 919 W. First Avenue Spokane, WA Subject: Mr. Barnett is expected to 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 hour 7. Robert Larrabee 2323 Third Avenue Clarkston, WA 99403 2

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 3 of 10

Subject: Mr. Larrabee is expected to 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 hour III. STERLING EMPLOYEE WITNESSES 8. 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 that breach. Time: 8 hours 9. 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 Loan, and of the nature of the damages suffered by Sterling as a consequence of that breach. Time: 8 hours 10. William W. Zuppe c/o Sterling Savings Bank 111 North Wall Street Spokane, WA 99201

3

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 4 of 10

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 that breach. Time: 4 hours 11. 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 that breach. Time: 2 hours 12. 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 that breach. Time: 1 hour 13. 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 4

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 5 of 10

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 that breach. Time: 1½ hour 14. 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 that breach. Time: 2 hours 15. 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, Tri-Cities Savings & Loan, and/or Central Evergreen Savings and Loan. Time: 1 hour 16. 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, Tri-Cities Savings & Loan, and/or Central Evergreen Savings and Loan. Time: 1 hour 5

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 6 of 10

17.

Daniel F. King 3116 164th Street Southwest, Apt. 309 Lynnwood, WA 98087 Subject: Mr. King 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, Tri-Cities Savings & Loan, and/or Central Evergreen Savings and Loan. Time: 1 hour

18.

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 contracts in Sterling's acquisitions of Lewis Federal Savings & Loan, Tri-Cities Savings & Loan, and/or Central Evergreen Savings and Loan. Time: 1 hour

IV.

DAIN RAUSCHER 19. J. David Welch c/o James M. Martin 60 South Sixth Street Minneapolis, MN 55402 Subject: Mr. Welch is expected to testify with regard to the condition of the financial markets and Sterling's efforts to raise capital from 1989 to 1992. Time: 2 hours 20. Adgate Duer 700 Fifth Avenue, 48th Floor Seattle, WA 98104 Subject: M.r Duer is expected to 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: 2 hours 6

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 7 of 10

V.

PIPER JAFFRAY 21. Robert Rinek Piper Jaffray 800 Nicollet Mall, Suite 800 Minneapolis, MN 55402 Subject: Mr. Rinek is expected to testify with regard to the 1989 offering, the fact that it was fully subscribed, the fact that it was overscribed, and the impact of the government's failure and/or refusal to permit payment of dividends on the offering. Time: 1 hour

VI.

SUTRO & COMPANY 22. Allan G. Bortel (formerly with Sutro, now with Epic Bancorp) 630 Las Gallinas Avenue San Rafael, CA 94903 Subject: Mr. Bortel is expected to testify with regard to Sterling efforts to raise capital before and after the government's breach and the impact of the breach on Sterling. Time: ½ to 1 hour

VII.

SANDLER & O'NEILL 23. Tom Killian 40 Prospect Hill Avenue Summit, NJ 07901 Subject: Mr. Killian is expected to testify regarding the financial markets in the 1991 through 1993 frame time and Sterling's efforts to raise capital following the government's breach. Time: 1 hour

VIII. EXPERTS 24. Paul M. Horvitz, Ph.D. 150 Sugarberry Circle Houston, TX 77024 7

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 8 of 10

Subject: Professor Horvitz is expected to testify with regard to Sterling's lost profits and the value thereof as a result of the government's breach. Time: 5 to 6 hours. 25. Christopher M. James, Ph.D. 1000 El Camino Real Menlo Park, CA 94025 Subject: Professor James is expected to 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: 4 to 5 hours 26. William B. Connerly, Ph.D. 7145 S.W. Varns Portland, OR 97223 Subject: Dr. Connerly is expected to testify regarding the robust nature of the economy in the early to mid 1990s in the Pacific Northwest where Sterling is located. Time: 2 hours. 27. John W. Mitchell, PhD M & H Consultants P.O. Box 40012 Portland, OR 97240 Subject: Mr. Mitchell is expected to testify regarding the robust nature of the economy in the early to mid 1990s in the Pacific Northwest where Sterling is located. Time: 1½ hours * Adgate Duer 700 Fifth Avenue, 48th Floor Seattle, WA Subject: Mr. Duer is a mixed fact and expert witness. He is expected to testify with regard to Sterling's efforts to raise capital in 1989 through 1992 and the receptiveness

8

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 9 of 10

of the financial markets to capital raising efforts by financial institutions during that time. Time: 2 hours * J. David Welch c/o James M. Martin 60 South Sixth Street Minneapolis, MN 55402 Subject: Mr. Welch is a mixed fact and expert witness. He is expected to testify with regard to the condition of the financial markets and Sterling's efforts to raise capital from 1989 to 1992. Time: 2 hours IX. 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. Respectfully submitted this 13th day of December, 2006. 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

9

Case 1:95-cv-00829-TCW

Document 214

Filed 12/13/2006

Page 10 of 10

CERTIFICATE OF SERVICE I certify under penalty of perjury that on December 13, 2006, a copy of the foregoing PLAINTIFFS' PROPOSED 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

10