Free Response to Motion - District Court of Federal Claims - federal

Case 1:95-cv-00524-GWM

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS HOMER J. HOWARD R. HOLLAND AND ROSS, ) )

)
Plaintiffs, v. )

) ) ) ) )
) )

No. 95-524C (Chief Judge Smith)

THE UNITED STATES, Defendant.

)
)

DEFENDANT'S INITIAL DISCLOSURE PURSUANT TO PARAGRAPH IV(A) (I) OF THE DISCOVERY PLAN Defendant, the United States (the "Government"), provides, pursuant to Paragraph IV(a) (I) of the Court's Procedural Order No. 2: Discovery Plan (filed August 7, 1997), the following initial disclosure to plaintiffs Homer J. Holland and Howard R. Ross ("plaintiffs"). INTRODUCTION AND RESERVATION OF RIGHTS This initial disclosure sets forth, to the extent known, the names and titles of current or former employees, agents, or representatives likely to have discoverable information relevant to the allegations in plaintiffs' complaint. This list is based upon the limited information currently available to us. More information may become known to us in the future. We reserve the right to supplement or modify this list, such as by adding or deleting individuals, or by amending the scope or subject of the individuals' likely areas of knowledge. We also reserve the right to assert privileges, if necessary, with respect to any

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information known to, or documents held by, these individuals. EX PARTE CONTACT WITH FORMER EMPLOYEES IS PROHIBITED Please take notice that plaintiff is prohibited by Court order from ex parte contact with any former employee, officer or agent of the Office of Thrift Supervision ("OTS"), the Federal Home Loan Bank Board (including, but not limited to, the Federal Home Loan Bank of Chicago) ("FHLBB" and "FHLB-Chicago") and the Federal Savings and Loan Insurance Corporation ("FSLIC"). Order, Plaintiffs in All Winstar-Related Cases at the Court, Nos. 90-8, e_!t al.., (filed Feb. 20, 1998). That Order specifically denied a request made on behalf of all private plaintiffs in the Winstar-related cases for permission to interview, outside the presence of Government counsel, former employees of the FHLBB (including the FSLIC) and expressly limited contact by any plaintiff with such employees to formal depositions or informal interviews approved by Government counsel. Id___=, citing 12 C.F.R. § 510.5 (1997).° Please further take notice that plaintiff also is prohibited by law from ex parte contact with any former officer, employee or agent of the Federal Deposit Insurance Corporation ("FDIC"). 12 C.F.R. Part 309~ (1999) .

i See Mot. by Pls' Coordinating Committee for Order Permitting Informal Interviews of Former FHLBB and OTS Employees at 3 (seeking informal interviews to determine "who might have been responsible for actions taken under the auspices of the FHLBB or FSLIC") (filed on or about Dec. 31, 1997).
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EX PARTE CONTACT WITH CURRENT EMPLOYEES IS

PROHIBITED

Please also take notice that plaintiff is barred from e__~_x parte contact concerning this action with any current OTS or FDIC employee, officer, or agent because, as such, they are represented by Government counsel in connection with this action. LIST OF NAMESa TITLES, ORGA!~IZATIONS, AND LIKELY SUBJECTS David Adkins Financial Analyst, MAD FSLIC Re: Acquisition of Galva, Home, and Mutual
o

Daniel Ro Bagus Applications Analyst FHLB-Chicago Re: Acquisition of Republic

3 °

Sarah Bever Financial Analyst, AED FHLBB Re: Acquisition of Peoria

Chester A. Biedron Supervisory Agent FHLB-Chicago Re: Acquisition of Peoria; Acquisition of Republic

Leo B o~w-~ . ~, Jr. Principal Supervisory Agent FHLB-Chicago

Acquisition of Galva, Home, and Mutual; Acqhisition of Peoria; Acquisition of Republic

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o

Kevin J. Blocker Examiner-in-Charge FHLBB Re: Reports of Examination for Galva

Patrick P. Bredlau Supervisory Agent FHLB-Chicago Re: Acquisition of Peoria

B.J. Brookings Director, MAD FSLIC Re:
o

Acquisition of Republic

John M. Buckley, Jr. Executive Secretary FHLBB Acquisition of Galva, Home, and Mutual; Acquisition of Republic

I0.

John J. Clarke, Jr. Assistant Director of Examinations FHLBB Re: Acquisition of Republic

ii.

Mary Creedon Associate Director FDIC Re: - Settlement Agreement with FDIC Steven Davidson Regional Director, AED FHLBB Re: Acquisition of Republic

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13.

Edward A. Eckert Supervisory Agent FHLB-Chicago Re: Acquisition of Peoria; Acquisition of Republic

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John Do Eilering Examiner-in-Charge FHLBB Re: Reports of Examination for Mutual

15.

Edward H. Erickson Appraisal and Loan Underwriting Specialist FHLBB Re: Acquisition of Republic

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Michael Gassert Examiner-in-Charge FHLBB Re: Reports of Examination for Peoria

Philip A. Gerbick Supervisory Agent FHLB-Chicago Re: Acquisition of Galva, Home, and Mutual; Acquisition of Peoria

18.

Bimal B. Goel Applications Analyst FHLB-Chicago Re:" Acquisition of Peoria

19.

Diane Heinz Financial Analyst, MAD FSLIC Re: Acquisition of Republic

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Herbert J. Held Regional Director, MAD FSLIC Re: Acquisition of Peoria; Acquisition of Republic

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Patrick J. Hunt Examiner-in-charge FHLBB Re: Reports of Examination for Republic

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Diana Januska Financial Analyst FHLB-Chicago Re: Acquisition of Republic

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Michael J. Jaski Financial Analyst FHLB-Chicago Re: Acquisition of Peoria; Acquisition of Republic

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Randall M. Kiner Examiner-in-Charge FHLBB Re: Reports of Examination for Rock Falls

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James H. Koulos Supervisory Analyst FHLB-Chicago Re: Acquisition of Peoria

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Michelle LeClair Acting Regional Director, AED FHLBB Re: Acquisition of Peoria

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27.

Philip Mento Coordinator, Expedited Case Processing II FHLBB Re: Acquisition of Peoria

28.

Stephen Jo Mikesell Examiner-in-Charge FHLBB Re: Reports of Examination for Home

Helen K. Mirza Supervisory Agent FHLB-Chicago Re:
30.

Acquisition of Peoria; Acquisition of Republic

Susan Mooney Supervisory Agent OTS Re: Acquisition of Galva, Home, and Mutual

31.

Linda B. Plye Director, Corporate Activities, Office of Regulatory Policy and Supervision FSLIC Acquisition of Galva, Home, and Mutual; Acquisition of Peoria; Acquisition of Republic

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Janice Soergel Financial Analyst, Financial Assistance Division FSLIC Re: Assistance Agreement relating to Republic

33.

Gerald B. Stanton Director, Financial Assistance Division FSLIC Re: Acquisition of Galval Home, and Mutual; Acquisition of Republic

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Stephen E. Taylor Examiner-in-Charge FHLBB Re: Reports of Examination for Peoria

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John P. Valek District Director of Examinations FHLBB Re: Acquisition of Peoria

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Richard D. Weiss Financial Analyst, AED FHLBB Re: Acquisition of Galva, Home, and Mutual

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Tracy Wiesen Assistant General Counsel FHLB-Chicago Re: Acquisition of Republic

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Holly Wright Financial Analyst, AED FHLBB Re: Acquisition of Republic

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Louis E. Wright Associate Director RTC Re: Settlement Agreement with FDIC

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DAVID W. OGDEN Acting Assistant Attorney General DAVID M. COHEN Director

JE~dqNE E. DAVIDSON Di r~i or/ / Dep~

PATRICIA A. SMITH Trial Attorney Commercial Litigation Branch Civil Division Department of Justice Attn: Classification Unit 8th Floor I!00 L Street, NW Washington, D.C. 20530 Tele: (202) 353-8841 Attorneys for Defendant
September 20, 1999

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CERTIFICATE OF SERVICE I certify under penalty o£ perjury that on th±s _~da¥ of September, 1999, I caused to be placed in the United States ma±l t£±rst class ma±l, postage prepaid) cop±es of "DEFENDANT'S INITIAL DISCLOSURE PURSUANT TO PARAGRAPH IV(A) (I) OF THE DISCOVERY PLAN" addressed as follows: Melvin C. GarboQ Arnold & Porter 555 Twelfth Street, N.Wo Washington, DC 20004-1202