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Case 1:07-cv-00676-MBH Document 9 Filed 12/14/2007 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 14, 2007

O R D E R

In a telephone call to chambers staff, plaintiff requested the previously scheduled
trial dates be amended. Defendant does not oppose the request. The court GRANTS the
plaintiff’s request, and amends the trial schedule to the below-listed dates, which have been
agreed to by the parties. Given the shift in the trial dates, the court similarly has shifted the
other dates as reflected below in this revised pre-trial order.

RCFC 26(a) initial disclosures shall occur on or before Monday, March 3, 2008;
expert reports shall be exchanged on or before Monday, June 2, 2008; and discovery shall
close on or before Monday, August 4, 2008. The parties shall consult on the possibility
of settlement during the discovery process. The court SCHEDULES a status conference
for Tuesday, August 12, 2008, 10:30 a.m. DST (instead of June 30, 2008) The parties
may appear for the conference by telephone. Unless otherwise notified, defendant’s
counsel will be contacted at (202) 307-6506, and plaintiff’s counsel will be contacted 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 such a 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, December 1, 2008, at 9:00
a.m., and to continue through Monday, December 8, 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. This trial schedule replaces the previous trial dates of September
22 - 26, 2008.

Case 1:07-cv-00676-MBH Document 9 Filed 12/14/2007 Page 2 of 3

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, October 6, 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
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, October 6, 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, October 6, 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, October 6, 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.

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Case 1:07-cv-00676-MBH Document 9 Filed 12/14/2007 Page 3 of 3

(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.

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, October 6, 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 Tuesday, November 4, 2008,
10:30 a.m. EST (instead of September 4, 2008). Counsel for both parties may appear by
telephone. Unless otherwise notified, defendant’s counsel will be contacted at (202) 307-
6506, and plaintiff’s counsel will be contacted 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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