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Case 1:07-cv-00676-MBH Document 8 Filed 12/05/2007 Page 1 of 3

In The United States Court of Federal Claims

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ESTATE OF RANKIN M. SMITH, Sr.,
SUNTRUST BANK, TAYLOR W.
SMITH, and RANKIN M. SMITH, Jr.,
Co-Executors,

Plaintiff,

v.

UNITED STATES,

Defendant.

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No. 07-676T
Filed: December 5, 2007

O R D E R

The court held a status conference in the above-captioned case on November 30,
2007, with the parties appearing by telephone. As discussed with the parties at the
conference, RCFC 26(a) initial disclosures shall occur on or before Tuesday, January 15,
2008; expert reports shall be exchanged on or before Tuesday, April 15, 2008; and
discovery shall close on or before Monday, June 16, 2008. The parties shall consult on
the possibility of settlement during the discovery process. The court SCHEDULES a status
conference for Monday, June 30, 2008, 10:30 a.m. The parties may appear for the
conference by telephone. Unless otherwise notified, defendant’s counsel will be called at
(202) 307-6506, and plaintiff’s counsel shall be called at (202) 776-2714. The parties will
be prepared to discuss the close of discovery, settlement possibilities, motion practice and
the trial schedule outlined below. At any point, if either party contemplates filing a motion
for summary judgment or partial summary judgment, that party shall request a status
conference before filing the motion.

If all matters in this case are not settled or previously resolved, the court
SCHEDULES a trial in this case to commence on Monday, September 22, 2008, at 9:00
a.m., and to continue through Friday, September 26, 2008, or until all evidence is taken,
in a courtroom at the Howard T. Markey National Courts Building, 717 Madison Place, NW,
Washington, DC 20005.

The Appendix A filings detailed in the Rules of the United States Court of Federal
Claims (RCFC) are modified as described below. The filings with the court are to include:

a. Witness List. On or before Monday, August 4, 2008, the parties shall file
a joint statement setting forth a list of witnesses to be called at trial, other
than those to be used exclusively for impeachment. As to each witness, the

Case 1:07-cv-00676-MBH Document 8 Filed 12/05/2007 Page 2 of 3

parties shall indicate the party for which the witness will be testifying, the
specific topics to be addressed in the expected testimony and the time
needed for direct examination. The parties also shall indicate whether or not
they are willing to take any overlapping witnesses who are to be called for
both the plaintiff and the defendant at one sitting.

b. Stipulations. On or before Monday, August 4, 2008, the parties shall file
a joint stipulation of facts containing separately numbered paragraphs
covering all matters to which the parties have been able to stipulate during
the course of proceedings. The court urges the parties to achieve joint
stipulations to the fullest extent possible in order to reduce the time required
for trial. The stipulations shall include citations, by exhibit, page and
paragraph numbers, to the trial exhibits discussed below.

c. Issues of Fact and Law. On or before Monday, August 4, 2008, the
parties shall file a joint statement of the issues of fact and law to be decided
by this court. The statement of issues shall control the admissibility of
evidence at trial and evidence will be deemed to be irrelevant unless it
pertains to one or more of the issues.

d. Joint Trial Exhibit List. On or before Monday, August 4, 2008, the parties
shall file a joint trial exhibit list divided into the following five sections:

(1) Joint stipulated exhibits, to be numbered starting with 1-99
or 1-999, as needed. The court urges the parties to achieve as
many joint exhibits as possible in order to reduce the time
required for trial.

(2) Plaintiff’s exhibits, to be numbered starting with 100-199, or
1000-1999, the Bates page numbering sequence to begin
following the completion of the sequence of numbers used for
the joint exhibits.

(3) Defendant’s exhibits, to be numbered 200-299 or 2000-
2999, the Bates page numbering sequence to begin following
the completion of the sequence of numbers used for the
plaintiff’s exhibits.

(4) Plaintiff’s objections to defendant’s exhibits, including the
basis for each objection.

(5) Defendant’s objections to plaintiff’s exhibits, including the
basis for each objection.

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Case 1:07-cv-00676-MBH Document 8 Filed 12/05/2007 Page 3 of 3

The actual exhibits themselves shall not be submitted to the clerk’s office or
to chambers, but shall be brought to the trial by the parties in sufficient
copies, including one copy for the witness, two copies for the court and the
official copy to be submitted to the court reporter. The exhibits shall be
bound or placed in a loose leaf notebook(s) with each exhibit sequentially
numbered and all pages of each exhibit sequentially numbered, starting with
page one of the first exhibit through the last page of the last exhibit. Loose
submissions, such as maps, photographs, physical evidence and charts, may
be submitted. Reduced copies of charts and photographs should be included
in the bound volumes, if possible.

e. Deposition Testimony. On or before Monday, August 4, 2008, any party
intending to present substantive evidence by way of deposition testimony,
other than as provided by Federal Rule of Evidence 801(d), shall serve and
file a separate motion for leave to file the transcript of this testimony. The
motion shall show cause why the deposition testimony should be admitted
and identify specifically the portion of the transcript the party intends to use
at trial. The opposing party may file a response to this motion. Sufficient
copies of proposed deposition pages for use at trial must be brought to the
trial by the party intending to use such deposition testimony.

f. Responses. The parties are expected to confer and cooperate in the
preparation of the above described documents. Any responses to matters
raised by the opposing party should, therefore, be included in each party’s
initial submission. However, if anything new or unexpected is discovered, it
may be addressed in a brief response which must be filed under cover of a
motion for leave of the court to file the response, immediately upon making
the discovery.



The court SCHEDULES a pre-trial conference for Thursday, September 4, 2008,
10:30 a.m. DST. Counsel for both parties may appear by telephone. Unless otherwise
notified, defendant’s counsel will be called at (202) 307-6506, and plaintiff’s counsel shall
be called at (202) 776-2714. The purpose of the pre-trial conference is to ensure that the
parties are ready for trial.


IT IS SO ORDERED.






s/Marian Blank Horn
MARIAN BLANK HORN
Judge

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