Free Motion for Clarification - District Court of Federal Claims - federal

Case 1:95-cv-00468-TCW

Document 230

Filed 03/07/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS ____________________________________ ) ) ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES, ) ) Defendant. ) ____________________________________) ASTORIA FEDERAL SAVINGS & LOAN ASSOCIATION,

No. 95-468C (Judge Thomas C. Wheeler)

DEFENDANT'S MOTION FOR CLARIFICATION Defendant, the United States, respectfully requests clarification of the Court's opinion and order issued on January 8, 2008. In that opinion, the Court awarded damages to the plaintiff in the amount of $16,042,887, and ordered that the Clerk enter judgment for plaintiff. See Astoria Fed. Sav. & Loan Ass'n v. United States, 80 Fed. Cl. 65, 96 (2008). The Clerk, however, has not yet entered that judgment. We are unaware of any issue yet to be resolved by the Court in this case that would preclude the Clerk's issuance of the judgment. Accordingly, we request clarification from the Court with respect to the existence of any outstanding matter that might preclude the Clerk's entry of judgment.

Respectfully submitted, MICHAEL F. HERTZ Deputy Assistant Attorney General

JEANNE E. DAVIDSON Director

Case 1:95-cv-00468-TCW

Document 230

Filed 03/07/2008

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/s/ Kenneth M. Dintzer KENNETH M. DINTZER Assistant Director

OF COUNSEL: ARLENE PIANKO GRONER ELIZABETH M. HOSFORD BRIAN A. MIZOGUCHI JOHN J. TODOR SAMEER YERAWADEKAR Trial Attorneys March 7, 2008

/s/ John H. Roberson JOHN H. ROBERSON Trial Attorney Commercial Litigation Branch Civil Division U.S. Department of Justice Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 353-7972 Fax: (202) 514-8640 Attorneys for Defendant

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Case 1:95-cv-00468-TCW

Document 230

Filed 03/07/2008

Page 3 of 3

CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of March, 2008, a copy of the foregoing "Defendant's Motion for Clarification" 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/ John H. Roberson John H. Roberson

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