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

Case 1:95-cv-00468-TCW

Document 185

Filed 03/28/2007

Page 1 of 4

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

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

DEFENDANT'S CORRECTED MOTION FOR LEAVE TO PRESENT DEPOSITION TESTIMONY AT TRIAL Defendant, the United States, respectfully requests leave to present at trial the deposition testimony designated below of Henry Drewitz, Andrew Kane, Jr., and Christopher Quackenbush obtained during the fact discovery period in this case. We seek leave to submit these deposition passages because Messrs. Drewitz, Kane, and Quackenbush are deceased and the subject matter of their testimony concerns important and relevant information concerning the damage claims of plaintiff, Astoria Federal Savings and Loan Association ("Astoria"). A. The Designations From The Testimony Of Henry Drewitz Mr. Drewitz was the president of Astoria from 1974 until 1989, and he was chairman of its board from 1975 until 1997. We request leave to present the following testimony from Mr. Drewitz obtained in this case on May 23, 2000: 3:7-10; 7:3-8; 8:21-25; 11:19-12:5; 13:1315; 21:10-24:11; 24:19-25:8; 29:11-18; 54:13-17; 62:4-64:7; 73:6-75:19; 86:4-6; 90:4-91:15; 92:6-93:15; 96:2-19; 98:7-17; 99:25-102:3; 107:8-108:20; 110:22-111:10; 112:19-113:13; 116:2-

Case 1:95-cv-00468-TCW

Document 185

Filed 03/28/2007

Page 2 of 4

11; 116:23-118:12; 122:12-123:15; 139:15-21. We have annexed these transcript designations as Exhibit A. B. The Designations From The Testimony Of Andrew Kane Mr. Kane was the chairman of the board and chief executive officer of Suburbia Federal Savings and Loan Association at the time of its acquisition by Fidelity, New York, FA ("Fidelity") in 1984. We request leave to present the following testimony from Mr. Kane obtained in this case on July 27, 2000: 9:3-10:1; 11:4-23; 16:11-17:17; 18:20-20:2; 20:11-21:8; 21:25-22:17; 24:17-25:13; 33:16-35:3; 35:8-19; 40:16-41:25; 48:12-49:7; 49:23-50:12; 51:1952:3; 52:21-54:4; 56:20-57:15; 59:6-18; 64:2-13; 64:20-66:9; 79:24-80:17; 82:6-16; 83:13-21; 89:2-9; 91:14-94:15; 97:20-99:12; 100:16-101:9; 105:22-106:9; 107:20-108:5; 109:16-110:7; 113:21-24; 114:13-16; 114:23-115:17. We have annexed these transcript designations as Exhibit B. C. The Designations From The Testimony Of Christopher Quackenbush Mr. Quackenbush was a partner at the investment banking firm, Sandler O'Neill and Partners, and he advised Astoria with respect to its acquisition of Fidelity. We request leave to present the following testimony from Mr. Quackenbush obtained in this case on August 7, 2000: 9:18-10:21; 12:12-13:20 15:22-16:5; 16:14-25; 17:16-20:6; 20:23-21:11; 24:7-19; 28:6-29:8; 40:7-21; 41:1-16; 43:10-13; 64:12-17; 64:25-65:11; 68:2-69:14; 69:20-70:15; 70:19-71:3; 77:2479:4. We have annexed these transcript designations as Exhibit C. Respectfully submitted, MICHAEL F. HERTZ Deputy Assistant Attorney General

-2-

Case 1:95-cv-00468-TCW

Document 185

Filed 03/28/2007

Page 3 of 4

JEANNE E. DAVIDSON Director

/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

/s/ John H. Roberson JOHN H. ROBERSON Trial Attorney Commercial Litigation Branch Civil Division Department of Justice 1100 L Street, N.W. Attn: Classification Unit, 8th Floor Washington, D.C. 20530 Tel. (202) 353-7972 Fax (202) 514-8640 Attorneys for Defendant

March 28, 2007

-3-

Case 1:95-cv-00468-TCW

Document 185

Filed 03/28/2007

Page 4 of 4

CERTIFICATE OF SERVICE

I hereby certify that on this 28th day of March 2007, a copy of the foregoing "DEFENDANT'S MOTION FOR LEAVE TO PRESENT DEPOSITION TESTIMONY AT TRIAL" 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

-4-