Free Motion to Amend/Correct - District Court of Federal Claims - federal

Case 1:95-cv-00524-GWM

Document 444

Filed 11/27/2007

Page 1 of 3

IN THE UNITED STATES COURT OF FEDERAL CLAIMS HOMER J. HOLLAND, STEVEN BANGERT, co-executor of the ESTATE OF HOWARD R. ROSS, AND FIRST BANK Plaintiffs, v. THE UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) )

No. 95-524 C (Judge G. Miller)

PLAINTIFFS' CORRECTED EXHIBIT LIST AND MOTION FOR LEAVE TO CORRECT PLAINTIFFS' SUMMARY EXHIBIT 1171 Plaintiffs respectfully submit this corrected exhibit list, reflecting the removal and addition of certain Plaintiffs' exhibits, and revisions to the dates, bates page number ranges and descriptions of certain Plaintiffs' exhibits as agreed upon by the parties. In addition, Plaintiffs seek the Court's leave to make certain minor, nonsubstantive corrections to PX 1171, Plaintiffs' summary exhibit presenting the calculated totals of income generated by SAFSB for the years 1992-2004 as recorded in the tax returns filed by Western Capital Holdings, Inc. and Western Capital Holdings Liquidating Trust. The corrections, demonstrated by a red-lined version of the exhibit attached hereto (see Exhibit 1), simply add PX exhibit references for the source documents underlying the summary, provide full bates page number ranges for each of the tax returns relied upon for the summary, and clarify certain of the citations provided in support of the summary. These corrections do not change any of the calculations presented in the summary, and simply clarify but do not change any of the citations to the source material underlying the summary. Plaintiffs requested Defendant's consent to

Case 1:95-cv-00524-GWM

Document 444

Filed 11/27/2007

Page 2 of 3

these minor corrections but were told that Defendant needed to confer with its consulting experts before agreeing to the changes.

Respectfully submitted, /s/ David B. Bergman David B. Bergman ARNOLD & PORTER, LLP 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 (202) 942-5000 (tel.) (202) 942-5999 (fax) Counsel for plaintiffs Holland and Ross and First Bank.

Of Counsel: Melvin C. Garbow Howard N. Cayne Michael A. Johnson Joshua P. Wilson ARNOLD & PORTER, LLP 555 Twelfth Street, N.W. Washington, D.C. 20004-1206 Co-counsel for First Bank: Donald J. Gunn, Jr., Esq. Sharon R. Wice, Esq. Gunn and Gunn First Bank Building Creve Coeur 11901 Olive Blvd., Suite 312 P.O. Box 419002 St. Louis, Missouri 63141 (314) 432-4550 (tel.) (314) 432-4489 (fax)

Dated:

November 27, 2007

-2-

Case 1:95-cv-00524-GWM

Document 444

Filed 11/27/2007

Page 3 of 3

CERTIFICATE OF SERVICE I certify that on this 27th day of November 2007, I caused the foregoing PLAINTIFFS' CORRECTED EXHIBIT LIST AND MOTION FOR LEAVE TO CORRECT PLAINTIFFS' SUMMARY EXHIBIT 1171 to be filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system.

Dated: November 27, 2007

/s/ Joshua P. Wilson Joshua P. Wilson