Free Proposed Pretrial Order - District Court of Federal Claims - federal

Case 1:95-cv-00829-TCW

Document 209

Filed 09/25/2006

Page 1 of 4

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 PRETRIAL SCHEDULE Pursuant to order of the Court issued at the status conference held on September 14, 2006, and the Court's order dated September 22, 2006, Plaintiffs, Sterling Savings Association and Sterling Financial Corporation, respectfully submit the following proposal for pretrial proceedings in this case, including a date for commencement of trial. In proposing a schedule, Plaintiffs respectfully disagree with Defendant's proposed pretrial schedule in that (1) Plaintiffs expert advise that due to their personal and professional calendaring issues, it is not practicable to provide revised reports until mid-December, 2006. Accordingly, we propose December 11, 2006. (2) Plaintiffs do not believe further depositions should be ordered absent a showing of some need or justification therefor following the service of Plaintiffs' amended reports. (3) Plaintiffs may elect to cross-move for summary judgment on damages; that motion, if granted, would obviate the need for a trial.

Case 1:95-cv-00829-TCW

Document 209

Filed 09/25/2006

Page 2 of 4

PLAINTIFFS' PROPOSED PRETRIAL SCHEDULE Event Plaintiffs' Revised Expert Reports Defendant's Revised Motion for Summary Judgment Upon Damages Plaintiffs' Response to Defendant's Motion for Summary Judgment Upon Damages and Plaintiffs' Cross Motion for Summary Judgment Defendant's Reply Brief in Support of Motion for Summary Judgment Upon Damages and Response to Plaintiffs' Cross Motion for Summary Judgment Plaintiffs' Reply Brief in Support of Cross Motion for Summary Judgment Oral Argument Upon Motion for Summary Judgment Upon Damages Meeting of Counsel pursuant to Appendix A of the Rules of the United States Court of Federal Claims ("Appendix A") Plaintiffs' Memorandum of Contentions of Law and Fact, Exhibit List, and Witness List, pursuant to Appendix A Defendant's Memorandum of Contentions of Law and Fact, Exhibit List, and Witness List, pursuant to Appendix A Motions in limine filed Responses to Motions in limine Pretrial conference pursuant to Appendix A Commencement of four-week trial Deadline December 11, 2006 January 11, 2007 February 8, 2007

March 8, 2007

March 22, 2007 Week of March 26, 2007 April 23, 2007 May 14, 2007 May 14, 2007 May 21, 2007 May 29, 2007 June 1, 2007 June 11, 2007

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Case 1:95-cv-00829-TCW

Document 209

Filed 09/25/2006

Page 3 of 4

Respectfully submitted this 25th day of September, 2006. WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. By: /s/ William D. Symmes William D. Symmes, Counsel of Record 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 209

Filed 09/25/2006

Page 4 of 4

CERTIFICATE OF SERVICE I certify under penalty of perjury that on September 25, 2006, a copy of the foregoing PLAINTIFFS' PROPOSED PRETRIAL SCHEDULE 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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