Free Notice (Other) - District Court of Federal Claims - federal

Case 1:95-cv-00468-TCW

Document 155

Filed 12/07/2006

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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 NOTICE OF AN ADDITIONAL PERSON WHOSE TESTIMONY WILL BE INTRODUCED BY DEPOSITION TRANSCRIPT Pursuant to the Court's order dated September 19, 2006, defendant, the United States, respectfully provides notice of the name of an additional person whose testimony will be introduced by deposition transcript. We provide this notice now because we only became aware on December 6, 2006, through our own independent research and without any communication from plaintiff, that the individual whose testimony we seek to introduce by deposition transcript, Henry Drewitz, is deceased. It is our understanding that Mr. Drewitz died on August 31, 2006. Mr. Drewitz was the president of plaintiff, Astoria Federal Savings and Loan Association, from 1974 until 1989, and he was chairman of its board from 1975 until 1997. Accordingly, his deposition contains relevant information that we intend to introduce through his deposition transcript. Respectfully submitted, STUART E. SCHIFFER Deputy Assistant Attorney General DAVID M. COHEN Director

Case 1:95-cv-00468-TCW

Document 155

Filed 12/07/2006

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JEANNE E. DAVIDSON Deputy Director

/s/ William F. Ryan by Jeanne E. Davidson WILLIAM F. RYAN Assistant Director

/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

OF COUNSEL: ARLENE PIANKO GRONER ELIZABETH M. HOSFORD BRIAN A. MIZOGUCHI JOHN J. TODOR SAMEER YERAWADEKAR

December 7, 2006

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Case 1:95-cv-00468-TCW

Document 155

Filed 12/07/2006

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CERTIFICATE OF SERVICE

I hereby certify that on this 7th day of December 2006, a copy of the foregoing "DEFENDANT'S NOTICE OF AN ADDITIONAL PERSON WHOSE TESTIMONY WILL BE INTRODUCED BY DEPOSITION TRANSCRIPT" 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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