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Case 1:11-cv-03423-RWS Document 171 Filed 10/22/13 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF GEORGIA

ATLANTA DIVISION



FDIC-R,




FEDERAL DEPOSIT INSURANCE )
CORPORATION, AS RECEIVER
)
)
FOR ALPHA BANK & TRUST

)





)
)


v.
)



James A. Blackwell, et al.,

)

)


_______________________________


Defendants.













CIVIL ACTION FILE NO.:
1:11-CV-3423-RWS

FDIC-R’S NOTICE OF DESIGNATION OF EXPERT WITNESSES




Pursuant to Rule 26(a)(2)(A) of the Federal Rules of Civil Procedure, and

Local Rule 26.2 of the Local Rules of this Court, Plaintiff Federal Deposit

Insurance Company as Receiver for Alpha Bank & Trust (“FDIC-R”) hereby

serves Notice of its designation of experts to testify at trial on the FDIC-R’s behalf:

1. Richard George: Mr. George will testify concerning the standard of care

applicable to the Defendants in this case and will present his expert

opinion and analysis as to how the Defendants deviated from the standard

of care in their actions and inactions as Directors and Officers of Alpha

Bank & Trust, particularly with respect to their approval of the loans that

are the subject of the Complaint. Mr. George’s opinions and

Case 1:11-cv-03423-RWS Document 171 Filed 10/22/13 Page 2 of 3

qualifications, opinions and bases therefor are included within his Report,

which has been provided to Defendants’ counsel.

2. Harry J. Potter: Mr. Potter will testify concerning the measure of

damages sustained by the FDIC-R resulting from the failure of

Defendants to follow the appropriate standard of care in approving the

loan transactions that are the subject of the Complaint, and the

commercial reasonableness of the disposition of the loan assets as part of

its statutory duty. Mr. Potter’s qualifications, opinions, and the bases

therefore are included within his Report, which has been provided to

Defendants’ counsel.

Each expert reserves the right to supplement his opinions.

Each expert will be made available to deposition testimony prior to

November 11, 2013, if possible; if circumstances prevent the depositions from

taking place within the time up until November 11, 2013, Plaintiff’s counsel and

counsel for Defendants will confer and arrange to take depositions outside the

discovery period.

These experts may be asked to provide supplemental opinions or opinions in

rebuttal to any reports received by the FDIC-R from Defendants. Plaintiff will

endeavor to provide any supplemental or rebuttal opinions prior to depositions.



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Case 1:11-cv-03423-RWS Document 171 Filed 10/22/13 Page 3 of 3


Respectfully submitted this 21st day of October, 2013.


SIMKINS HOLLIS LAW GROUP, PC































































































































































/s/S. Paul Smith
Jeanne Simkins Hollis
Georgia Bar No. 646890
S. Paul Smith
Georgia Bar No. 663577
Jacquelyn D. Smith
Georgia Bar No. 320589
1924 Lenox Road, NE
Atlanta, GA 30306
(404) 474-2328 phone
(770) 587-0726 FAX
[email protected]
Attorneys for the Federal
Deposit Insurance
Corporation, as Receiver
for Alpha Bank & Trust

LR 7.1 CERTIFICATE

Pursuant to L.R. 7.1D, counsel certifies that the foregoing complies with the font
and point selections approved by the Court in L.R. 5.1.C. This document was
prepared using Times New Roman font, 14-point.

/s/S. Paul Smith
S. Paul Smith
Simkins Hollis Law Group, P.C.



CERTIFICATE OF SERVICE

I certify that, on October 21, 2013, I served a copy of the foregoing to all counsel
of record via the Court’s ECF/EM filing system.






/s/S. Paul Smith
S. Paul Smith
Simkins Hollis Law Group, P.C.



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