Free Motion for Leave to File - District Court of Federal Claims - federal

Case 1:95-cv-00468-TCW

Document 184

Filed 03/28/2007

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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 UNOPPOSED MOTION FOR LEAVE TO FILE A CORRECTED COPY OF OUR MOTION TO PRESENT DEPOSITION TESTIMONY AT TRIAL Defendant, the United States, respectfully requests leave to file a corrected copy of our motion to present deposition testimony at trial, which we originally filed on March 15, 2007. We seek leave to file a corrected copy merely for the purpose of annexing the Exhibits A-C, referenced in our filing. These exhibits contain the actual deposition transcripts cited in our original filing but which were inadvertently not included in our filing. We apologize for our error. We make no other changes to our March 15, 2007, filing. We have consulted with plaintiff's counsel and they do not oppose our motion. Respectfully submitted, MICHAEL F. HERTZ Deputy Assistant Attorney General

JEANNE E. DAVIDSON Director

Case 1:95-cv-00468-TCW

Document 184

Filed 03/28/2007

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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

/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

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Case 1:95-cv-00468-TCW

Document 184

Filed 03/28/2007

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CERTIFICATE OF SERVICE

I hereby certify that on this 28th day of March 2007, a copy of the foregoing "DEFENDANT'S UNOPPOSED MOTION FOR LEAVE TO FILE A CORRECTED COPY OF OUR MOTION 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

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