TYPE-C

U.S. District Court District of Columbia (Washington, DC) CIVIL DOCKET FOR CASE #: 1:11-cv-00408-ABJ
UNITED WESTERN BANK et al v. OFFICE OF THRIFT SUPERVISION et al Assigned to: Judge Amy Berman Jackson Cause: 05:551 Administrative Procedure Act Plaintiff UNITED WESTERN BANK represented by Andrew L. Sandler BUCKLEYSANDLER LLP 1250 24th Street, NW Suite 700 Washington, DC 20037 (202) 349-8001 Fax: (202) 349-8080 Email: asandler@buckleysandler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Kirby D. Behre PAUL HASTINGS LLP 875 15th Street, NW Washington, DC 20005 (202) 551-1719 Fax: (202) 551-1705 Email: kirbybehre@paulhastings.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence Kaplan PAUL HASTINGS LLP 875 15th Street, NW Washington, DC 20005 (202) 551-1829 Fax: (202) 551-0229 Email: lawrencekaplan@paulhastings.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Date Filed: 02/18/2011 Jury Demand: None Nature of Suit: 890 Other Statutory Actions Jurisdiction: U.S. Government Defendant

Samuel John Buffone BUCKLEYSANDLER LLP 1250 24th Street, NW Suite 700 Washington, DC 20037 (202) 349-7940 Fax: (202) 349-8080 Email: sbuffone@buckleysandler.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Liana R. Prieto BUCKLEYSANDLER LLP 1250 24th Street, NW Suite 700 Washington, DC 20037 (202) 461-2948 Fax: (202) 349-8080 Email: lprieto@buckleysandler.com PRO HAC VICE ATTORNEY TO BE NOTICED Theodore J. Abariotes UNITED WESTERN BANCORP, INC. 700 17th Street Suite 750 Denver, CO 80202 (720) 932-4216 Fax: (720) 946-1218 Email: tabariotes@uwbancorp.com PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff UNITED WESTERN BANCORP, INC. Individually and on behalf of United Western Bank as sole shareholder of United Western Bank TERMINATED: 06/24/2011 represented by Andrew L. Sandler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Theodore J. Abariotes (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff GUY A. GIBSON Individually and on behalf of United Western Bank and United Western Bankcorp, Inc. TERMINATED: 06/24/2011 represented by Andrew L. Sandler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel John Buffone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Liana R. Prieto (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff MICHAEL J. MCCLOSKEY Individually and on behalf of United Western Bancorp, Inc. TERMINATED: 06/24/2011 represented by Andrew L. Sandler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Samuel John Buffone (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Liana R. Prieto (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff JAMES H. BULLOCK Individually and on behalf of United Western Bank and United Western Bankcorp, Inc. TERMINATED: 06/24/2011 represented by Andrew L. Sandler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kirby D. Behre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Lawrence Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff CHARLES J. BERLING Individually and on behalf of United Western Bank TERMINATED: 06/24/2011 represented by Andrew L. Sandler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kirby D. Behre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff ROBERT T. SLEZAK Individually and on behalf of United Western Bankcorp, Inc. TERMINATED: 06/24/2011 represented by Andrew L. Sandler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Kirby D. Behre (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Lawrence Kaplan (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant OFFICE OF THRIFT SUPERVISION TERMINATED: 07/25/2011 represented by Christopher A. Sterbenz OFFICE OF THE COMPTROLLER OF THE CURRENCY

250 E Street, SW Washington, DC 20219 (202) 927-9124 Fax: (202) 874-5279 Email: christopher.sterbenz@occ.treas.gov Dirk S. Roberts OFFICE OF THE COMPTROLLER OF THE CURRENCY 250 E Street, SW Washington, DC 20219 (202) 874-6051 Fax: (202) 874-5279 Email: dirk.roberts@occ.treas.gov Sarah J. Auchterlonie OFFICE OF THRIFT SUPERVISION 1700 G Street, N.W. Washington, DC 20552 (202) 906-6482 Fax: (202) 906-6353 Email: sarah.auchterlonie@ots.treas.gov TERMINATED: 07/07/2011 Defendant JOHN E. BOWMAN in his capacity as Acting Director of the Office of Thrift Supervision TERMINATED: 07/25/2011 represented by Christopher A. Sterbenz (See above for address) Dirk S. Roberts (See above for address) Sarah J. Auchterlonie (See above for address) TERMINATED: 07/07/2011 Defendant FEDERAL DEPOSIT INSURANCE CORPORATION in its Corporate Capacity and in its capacity as Receiver for United Western Bank TERMINATED: 06/24/2011 represented by Duncan Norman Stevens FEDERAL DEPOSIT INSURANCE CORPORATION 3501 Fairfax Drive Arlington, VA 22226-3500 (703) 562-2402 Fax: (703) 562-2477 Email: dstevens@fdic.gov

LEAD ATTORNEY ATTORNEY TO BE NOTICED Merritt Albert Pardini FEDERAL DEPOSIT INSURANCE CORPORATION 3501 Fairfax Drive Arlington, VA 22226-3500 (703) 562-6079 Fax: (703) 562-2475 Email: mpardini@fdic.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant OFFICE OF THE COMPTROLLER OF THE CURRENCY represented by Christopher A. Sterbenz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dirk S. Roberts (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant JOHN G. WALSH Acting Comptroller of the Currency represented by Christopher A. Sterbenz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dirk S. Roberts (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor LEGENT CLEARING, LLC represented by Stephen A. Metz SHULMAN, ROGERS, GANDAL, PORDY & ECKER, P.A. 12505 Park Potomac Avenue Sixth Floor Potomac, MD 20854-6803 (301) 230-6564

Fax: (301) 230-2891 Email: smetz@shulmanrogers.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeffrey Carter Andersen BUSH ROSS, P.A. 1801 North Highland Avenue Tampa, FL 33602 (813) 204-6405 Fax: (813) 223-9620 Email: candersen@bushross.com PRO HAC VICE ATTORNEY TO BE NOTICED Traci L Koster BUSH ROSS, P.A. 1801 North Highland Avenue Tampa, FL 33602 (813) 204-6496 Fax: (813) 223-9620 Email: tkoster@bushross.com PRO HAC VICE ATTORNEY TO BE NOTICED Date Filed 09/21/2011 09/21/2011 # Docket Text Set/Reset Deadlines: Defendant is directed to file the public version of the administrative record by 10/5/2011. (jth) (Entered: 09/21/2011) MINUTE ORDER denying 47 Motion for Protective Order as moot in light of the matters presented by the parties in the status report dated 9/21/2011. Defendant Office of Thrift Supervision is directed to file the public version of the administrative record on or before 10/5/2011. Signed by Judge Amy Berman Jackson on 9/21/2011. (lcabj2) (Entered: 09/21/2011) 58 STATUS REPORT Regarding Legent Clearing, LLC's 47 Motion for Protective Order by LEGENT CLEARING, LLC. (Metz, Stephen) (Entered: 09/21/2011) Set/Reset Deadlines: Legent shall notify the Court on or before 9/21/2011 whether its motion for protective order should be denied as moot. (jth) (Entered: 09/13/2011) MINUTE ORDER re 57 Status Report. In light of the joint status report, Legent shall notify the Court on or before 9/21/2011 whether its motion for protective order should be denied as moot. Signed by Judge Amy Berman Jackson on 9/13/2011. (MT) (Entered: 09/13/2011)

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57 STATUS REPORT by LEGENT CLEARING, LLC, OFFICE OF THE COMPTROLLER OF THE CURRENCY. (Sterbenz, Christopher) (Entered: 09/12/2011) 56 ORDER on proposed discovery. Signed by Judge Amy Berman Jackson on 9/9/2011. (lcabj2) (Entered: 09/09/2011) 55 NOTICE of Filing of Plaintiff's Discovery Proposal by UNITED WESTERN BANK re Order,,,,,, (Attachments: # 1 Appendix Interrogatories and Requests for Production of Documents)(Sandler, Andrew) (Entered: 09/01/2011) 54 RESPONSE TO ORDER OF THE COURT re Order,,,,,, filed by OFFICE OF THE COMPTROLLER OF THE CURRENCY, JOHN G. WALSH. (Attachments: # 1 Declaration Declaration of John E. Bowman, # 2 Declaration Declaration of John G. Walsh)(Sterbenz, Christopher) (Entered: 09/01/2011) MINUTE ORDER granting 53 Consent Motion for Extension of Time to 9/6/2011 to make the submissions required by the Court's order of 8/11/2011. Signed by Judge Amy Berman Jackson on 8/31/11. (MT) (Entered: 08/31/2011) 53 Consent MOTION for Extension of Time to File by OFFICE OF THE COMPTROLLER OF THE CURRENCY, JOHN G. WALSH (Attachments: # 1 Text of Proposed Order)(Sterbenz, Christopher) (Entered: 08/30/2011) Set/Reset Deadlines: The parties are directed to file another joint status report regarding the motion for protective order on or before 9/12/2011. (jth) (Entered: 08/31/2011) MINUTE ORDER The parties are directed to file another joint status report regarding the motion for protective order on or before September 12, 2011. Signed by Judge Amy Berman Jackson on 8/26/2011. (lcabj2) (Entered: 08/26/2011) 52 STATUS REPORT by LEGENT CLEARING, LLC, OFFICE OF THE COMPTROLLER OF THE CURRENCY, JOHN G. WALSH. (Sterbenz, Christopher) (Entered: 08/26/2011) Set/Reset Deadline: On or before 8/31/2011: 1) The defendant John G. Walsh, Acting Comptroller of the Currency, shall certify that the administrative record produced to the plaintiff, or the record as supplemented by any additional materials produced on or before the date of the certification, is the accurate and complete record of all of the information which the then Acting Director of the Office of Thrift Supervision considered, directly or indirectly, or upon which he relied, in making the January 21, 2011 decision to appoint a receiver for United Western Bank pursuant to 12 USC 1464 (d)(2)(A); and 2) Plaintiff United Western Bank shall submit to the Court a proposal detailing the scope of the limited discovery it seeks to conduct to enable it to uncover evidence relevant to the Court's determination of whether grounds exist for an order that the record be supplemented in this case, ie, whether documents that are properly part of the administrative record have been withheld. Any proposed discovery must be limited to requests for production of documents and interrogatories and should be narrowly tailored

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to serve the rare and limited circumstances under which discovery may be granted in an Administrative Procedure Act case in this Circuit. (jth) (Entered: 08/12/2011) 08/11/2011 MINUTE ORDER In connection with the Court's consideration of Plaintiff's Second Motion to Compel Production of the Complete Administrative Record, taken under advisement after the hearing on the motion on August 11, 2011, it is hereby ORDERED that on or before August 31, 2011: 1) The defendant John G. Walsh, Acting Comptroller of the Currency, shall certify that the administrative record produced to the plaintiff, or the record as supplemented by any additional materials produced on or before the date of the certification, is the accurate and complete record of all of the information which the then Acting Director of the Office of Thrift Supervision considered, directly or indirectly, or upon which he relied, in making the January 21, 2011 decision to appoint a receiver for United Western Bank pursuant to 12 USC 1464 (d)(2)(A); and 2) Plaintiff United Western Bank shall submit to the Court a proposal detailing the scope of the limited discovery it seeks to conduct to enable it to uncover evidence relevant to the Court's determination of whether grounds exist for an order that the record be supplemented in this case, ie, whether documents that are properly part of the administrative record have been withheld. Any proposed discovery must be limited to requests for production of documents and interrogatories and should be narrowly tailored to serve the rare and limited circumstances under which discovery may be granted in an Administrative Procedure Act case in this Circuit. Signed by Judge Amy Berman Jackson on 8/11/2011. (lcabj2) (Entered: 08/11/2011) Minute Entry for Proceedings that were held before Judge Amy Berman Jackson. Motions Hearing held on 8/11/2011 re: 39 Second MOTION to Compel Production of the Complete Administrative Record filed by UNITED WESTERN BANK. Motion was Heard and Taken Under Advisement. (Court Reporter Lisa Schwam) (jth) (Entered: 08/11/2011) MINUTE ORDER striking 51 Memorandum in opposition to re 47 MOTION for Protective Order filed by FEDERAL DEPOSIT INSURANCE CORPORATION because it was filed by entities that are no longer parties to the litigation, see Dkt. #32 & 33. Further, in light of the Court's order on July 25, 2011, directing the parties to confer and provide the Court with a more narrowly tailored protective order, it is moot. Signed by Judge Amy Berman Jackson on 8/10/2011. (lcabj2) (Entered: 08/10/2011) 51 STRICKEN PURSUANT TO MINUTE ORDER FILED 08/10/2011.....Memorandum in opposition to re 47 MOTION for Protective Order filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Pardini, Merritt) Modified on 8/10/2011 (jth). (Entered: 08/09/2011) 50 REPLY to opposition to motion re 39 Second MOTION to Compel Production of the Complete Administrative Record filed by UNITED WESTERN BANK. (Sandler, Andrew) (Entered: 08/08/2011) 49 NOTICE of Firm Name Change by UNITED WESTERN BANK (Behre, Kirby) (Entered: 08/08/2011)

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48 Memorandum in opposition to re 39 Second MOTION to Compel Production of the Complete Administrative Record filed by OFFICE OF THE COMPTROLLER OF THE CURRENCY, JOHN G. WALSH. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sterbenz, Christopher) (Entered: 08/01/2011) 47 MOTION for Protective Order by LEGENT CLEARING, LLC (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order)(jf, ) (Entered: 07/26/2011) MINUTE ORDER granting 44 Consent Motion to Substitute Parties. The Office of the Comptroller of the Currency and Acting Comptroller of the Currency, John G. Walsh are substituted for former defendants Office of Thrift Supervision and its Acting Director, John E. Bowman. Signed by Judge Amy Berman Jackson on 7/25/2011. (MT) (Entered: 07/25/2011) 46 NOTICE of Change of Address by Dirk S. Roberts (Roberts, Dirk) (Entered: 07/25/2011) MINUTE ORDER granting 43 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Amy Berman Jackson on 7/25/2011. (lcabj2) (Entered: 07/25/2011) MINUTE ORDER granting 42 Motion for Leave to Appear Pro Hac Vice. Signed by Judge Amy Berman Jackson on 7/25/2011. (lcabj2) (Entered: 07/25/2011) 45 NOTICE of Change of Address by Christopher A. Sterbenz (Sterbenz, Christopher) (Entered: 07/25/2011) 44 Consent MOTION to Substitute Party Office of the Comptroller of the Currency and Acting Comptroller John G. Walsh, vice Office of Thrift Supervision and Acting Director John E. Bowman by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (Attachments: # 1 Text of Proposed Order)(Sterbenz, Christopher) (Entered: 07/25/2011) Minute Order. Telephone Conference held on 7/25/2011 before Judge Amy Berman Jackson. Granting 40 Motion of Legent Clearing, LLC to Intervene for the limited purpose of the motion for protective order. The Clerk is directed to file the motion for protective order that was attached as an exhibit to the motion to intervene. The parties are directed to file a Joint Status Report by 8/26/2011 regarding material to be redacted in the protective order. (Court Reporter Wendy Ricard) (jth) (Entered: 07/25/2011) MINUTE ORDER. Telephone Conference scheduled for 7/25/2011 at 10:30 AM in Courtroom 3 before Judge Amy Berman Jackson. Signed by Judge Amy Berman Jackson on 7/21/2011. (jth) (Entered: 07/21/2011) 43 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Traci L. Koster, :FirmBush Ross, P.A., :Address- 1801 N. Highland Avenue, Tampa, FL 33602. Phone No. 813-224-9255. Fax No. - 813-223-9620 by LEGENT CLEARING, LLC (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Metz, Stephen) (Entered:

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07/18/2011) 07/18/2011 42 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- J. Carter Anderson, :Firm- Bush Ross, P.A., :Address- 1801 N. Highland Avenue, Tampa, FL 33602. Phone No. - 813-224-9255. Fax No. - 813-223-9620 by LEGENT CLEARING, LLC (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Metz, Stephen) (Entered: 07/18/2011) 41 Consent MOTION Consent Motion for Entry of a Scheduling Order re 40 MOTION to Intervene by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (Attachments: # 1 Text of Proposed Order)(Sterbenz, Christopher) (Entered: 07/18/2011) NOTICE of Hearing on Motion: 39 Second MOTION to Compel Production of the Complete Administrative Record: Motion Hearing set for 8/11/2011 10:00 AM in Courtroom 3 before Judge Amy Berman Jackson. (jth) (Entered: 07/12/2011) 39 Second MOTION to Compel Production of the Complete Administrative Record by UNITED WESTERN BANK (Attachments: # 1 Memorandum in Support of Second Motion to Compel Production of Administrative Record, # 2 Exhibit, # 3 Text of Proposed Order)(Sandler, Andrew) (Entered: 07/11/2011) 38 ENTERED IN ERROR PER COUNSEL. . . . .Second MOTION to Compel Production of the Complete Administrative Record by UNITED WESTERN BANK (Sandler, Andrew) Modified on 7/12/2011 (td, ). (Entered: 07/11/2011) 37 ANSWER to 1 Complaint, by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION.(Sterbenz, Christopher) (Entered: 07/08/2011) 40 MOTION to Intervene by LEGENT CLEARING, LLC (Attachments: # 1 Text of Proposed Order for Motion to Intervene, # 2 Exhibit Motion for Protective Order, # 3 Memorandum in Support, # 4 Exhibit A, # 5 Exhibit B, # 6 Text of Proposed Order for Motion for Protective Order)(jf, ) (Entered: 07/15/2011) 36 NOTICE OF WITHDRAWAL OF APPEARANCE as to JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION. Attorney Sarah J. Auchterlonie terminated. (Auchterlonie, Sarah) (Entered: 07/07/2011) Set/Reset Deadlines: Motion to Compel due by 7/11/2011. Response due by 8/1/2011 Replys due by 8/8/2011. (tb, ) (Entered: 07/06/2011) 35 SCHEDULING ORDER: Plaintiff's motion to compel supplementation of the administrative record will be due 7/11/2011, the opposition will be due 8/1/2011, and the reply will be due 8/8/2011. Signed by Judge Amy Berman Jackson on 7/6/2011. (MT) (Entered: 07/06/2011) MINUTE ORDER: The Initial Scheduling Conference set for 7/13/2011 at 10:00 a.m. has been taken off the Court's calendar. Signed by Judge Amy Berman Jackson on 7/6/2011. (MT) (Entered: 07/06/2011)

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34 MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Sandler, Andrew) (Entered: 07/05/2011) MINUTE ORDER dismissing 20 Motion to Amend/Correct as moot. Signed by Judge Amy Berman Jackson on 6/24/2011. (lcabj2, ) (Entered: 06/24/2011) MINUTE ORDER dismissing 19 Motion to Expedite as moot. Signed by Judge Amy Berman Jackson on 6/24/2011. (lcabj2, ) (Entered: 06/24/2011) 33 MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 6/24/2011. (lcabj2, ) (Entered: 06/24/2011) 32 ORDER granting 21 Defendant FDIC's Motion to Dismiss and granting in part and denying in part 13 Defendants John E. Bowman and the Office of Thrift Supervision's Motion to Dismiss. Signed by Judge Amy Berman Jackson on 6/24/2011. (lcabj2, ) (Entered: 06/24/2011) 31 TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on 0520-2011; Page Numbers: 1-45. Court Reporter/Transcriber Lisa Schwam, Telephone number 202-354-3238, Court Reporter Email Address : LisaSchwam@aol.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 7/14/2011. Redacted Transcript Deadline set for 7/24/2011. Release of Transcript Restriction set for 9/21/2011.(Schwam, Lisa) (Entered: 06/23/2011)

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MINUTE ORDER granting 10 Motion to Compel. The Court has preliminarily determined for purposes of this motion that there are likely to be at least one proper plaintiff and one proper defendant in this action, and therefore, discovery may proceed pending the issuance of the Court's memorandum opinion and order on the motions to dismiss (Dkt. #'s 13 and 21). Defendant is directed to produce the administrative record -- which it advised the Court at the status hearing on May 25, 2011 is already ready -on or before June 17, 2011. Counsel for Plaintiff United Western Bank and for defendant John E. Bowman and the Office of Thrift Supervision are hereby directed to meet and confer - and assume for purposes of the meet and confer that they will be parties to the action -- and submit an agreed scheduling order to the Court on or before July 5, 2011.

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If agreement cannot be achieved, and initial Scheduling Conference will be held on July 13, 2011 at 10:00 a.m. Signed by Judge Amy Berman Jackson on 6/8/2011. (jth) (Entered: 06/08/2011) 30 TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on 05/20/2011; Page Numbers: 1-45. Court Reporter/Transcriber Lisa Schwam, Telephone number 202-354-3238, Court Reporter Email Address : LisaSchwam@aol.com. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at ww.dcd.uscourts.gov. Redaction Request due 6/15/2011. Redacted Transcript Deadline set for 6/25/2011. Release of Transcript Restriction set for 8/23/2011.(Schwam, Lisa) (Entered: 05/25/2011)

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29 NOTICE of Filing of Supplemental Exhibits in Support of Motion to Dismiss by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION re 13 MOTION to Dismiss (Attachments: # 1 Exhibit Supplemental Exhibit 1 in Support of OTS Motion to Dismiss, # 2 Exhibit Supplemental Exhibit 2 in Support of OTS Motion to Dismiss) (Sterbenz, Christopher) (Entered: 05/20/2011) Minute Entry for proceedings held before Judge Amy Berman Jackson: Motions Hearing held on 5/20/2011: re 10 MOTION to Compel Production of the Administrative Record, and 19 MOTION to Expedite Consideration of Pending Motions filed by Plaintiffs UNITED WESTERN BANK, et al.; motions heard and taken under advisement. (Court Reporter Lisa Schwam) (jth) (Entered: 05/20/2011) 28 NOTICE of Appearance by Lawrence Kaplan on behalf of CHARLES J. BERLING, JAMES H. BULLOCK, ROBERT T. SLEZAK, UNITED WESTERN BANK (Kaplan, Lawrence) (Entered: 05/17/2011) NOTICE of Hearing: Status Conference/Motions Hearing is set for 5/20/2011 at 10:00 AM in Courtroom 2 before Judge Amy Berman Jackson. (jth) (Entered: 05/16/2011) 27 REPLY to opposition to motion re 21 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction Or, in the Alternative, for Failure to State a Claim filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Stevens, Duncan) (Entered: 05/09/2011)

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26 Memorandum in opposition to re 19 MOTION to Expedite Consideration of Pending Motions filed by FEDERAL DEPOSIT INSURANCE CORPORATION. (Pardini, Merritt) (Entered: 05/03/2011) 25 Memorandum in opposition to re 19 MOTION to Expedite Consideration of Pending Motions filed by OFFICE OF THRIFT SUPERVISION, JOHN E. BOWMAN. (Auchterlonie, Sarah) Modified to add filer on 5/4/2011 (znmw, ). (Entered: 05/03/2011) NOTICE OF CORRECTED DOCKET ENTRY: Docket Entries 23 Notice of Appearance, and 24 Notice of Appearance were entered in error and will not be refiled. (znmw, ) (Entered: 05/02/2011) 24 ENTERED IN ERROR.....NOTICE of Appearance by Martin Jefferson Davis on behalf of JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (znmw, ) Modified on 5/5/2011 (znmw, ). (Entered: 05/02/2011) 23 ENTERED IN ERROR.....NOTICE of Appearance by Dirk S. Roberts on behalf of JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (znmw, ) Modified on 5/2/2011 (znmw, ). (Entered: 05/02/2011) 22 Memorandum in opposition to re 21 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction Or, in the Alternative, for Failure to State a Claim filed by CHARLES J. BERLING, JAMES H. BULLOCK, GUY A. GIBSON, MICHAEL J. MCCLOSKEY, ROBERT T. SLEZAK, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK. (Attachments: # 1 Memorandum in Support, # 2 Certificate of Service)(Sandler, Andrew) (Entered: 05/02/2011) 21 Joint MOTION to Dismiss for Lack of Subject Matter Jurisdiction Or, in the Alternative, for Failure to State a Claim by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: # 1 Memorandum in Support, # 2 Exhibit A: January 21, 2011 OTS Order, # 3 Text of Proposed Order)(Stevens, Duncan) (Entered: 04/19/2011) 20 Consent MOTION to Amend/Correct Docket and Caption by FEDERAL DEPOSIT INSURANCE CORPORATION (Attachments: # 1 Text of Proposed Order)(Stevens, Duncan) (Entered: 04/19/2011) 19 MOTION to Expedite Consideration of Pending Motions by CHARLES J. BERLING, JAMES H. BULLOCK, GUY A. GIBSON, MICHAEL J. MCCLOSKEY, ROBERT T. SLEZAK, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK (Attachments: # 1 Text of Proposed Order)(Sandler, Andrew) (Entered: 04/19/2011) Case randomly reassigned to U.S. District Judge Amy Berman Jackson. Judge Ellen S. Huvelle no longer assigned to the case. (gt, ) (Entered: 03/30/2011) 18 NOTICE of Filing of Declarations in Opposition to Defendants' Motion to Dismiss by CHARLES J. BERLING, JAMES H. BULLOCK, GUY A. GIBSON, MICHAEL

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J. MCCLOSKEY, ROBERT T. SLEZAK, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK (Attachments: # 1 Declaration of C. Berling, # 2 Declaration of J. Bullock, # 3 Declaration of B. Darre, # 4 Declaration of G. Gibson, # 5 Declaration of B. Hirsh, # 6 Declaration of J. Peoples)(Sandler, Andrew) (Entered: 03/30/2011) 03/25/2011 17 REPLY to opposition to motion re 13 MOTION to Dismiss filed by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION. (Sterbenz, Christopher) (Entered: 03/25/2011) 16 Memorandum in opposition to re 13 MOTION to Dismiss filed by CHARLES J. BERLING, JAMES H. BULLOCK, GUY A. GIBSON, MICHAEL J. MCCLOSKEY, ROBERT T. SLEZAK, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK. (Attachments: # 1 Exhibit Declaration of Theodore J. Abariotes, # 2 Text of Proposed Order)(Sandler, Andrew) (Entered: 03/18/2011) 15 REPLY to opposition to motion re 10 MOTION to Compel Production of the Administrative Record filed by CHARLES J. BERLING, JAMES H. BULLOCK, GUY A. GIBSON, MICHAEL J. MCCLOSKEY, ROBERT T. SLEZAK, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK. (Sandler, Andrew) (Entered: 03/11/2011) 14 NOTICE of Appearance by Merritt Albert Pardini on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Pardini, Merritt) (Entered: 03/07/2011) 13 MOTION to Dismiss by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit Exhibit 1, # 4 Exhibit Exhibit 2, # 5 Exhibit Exhibit 3, # 6 Exhibit Exhibit 4, # 7 Exhibit Exhibit 5, # 8 Exhibit Exhibit 6, # 9 Text of Proposed Order)(Sterbenz, Christopher) (Entered: 03/04/2011) 12 Memorandum in opposition to re 10 MOTION to Compel Production of the Administrative Record filed by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION. (Attachments: # 1 Text of Proposed Order)(Sterbenz, Christopher) (Entered: 03/04/2011) 11 NOTICE of Appearance by Samuel John Buffone on behalf of GUY A. GIBSON, MICHAEL J. MCCLOSKEY, UNITED WESTERN BANK (Buffone, Samuel) (Entered: 03/02/2011) 10 MOTION to Compel Production of the Administrative Record by CHARLES J. BERLING, JAMES H. BULLOCK, GUY A. GIBSON, MICHAEL J. MCCLOSKEY, ROBERT T. SLEZAK, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Sandler, Andrew) (Entered: 03/01/2011) 9 NOTICE of Appearance by Sarah J. Auchterlonie on behalf of OFFICE OF THRIFT SUPERVISION, JOHN E. BOWMAN. (Auchterlonie, Sarah) Modified filer on

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3/1/2011 (znmw, ). (Entered: 02/28/2011) 02/28/2011 02/28/2011 8 NOTICE of Appearance by Duncan Norman Stevens on behalf of FEDERAL DEPOSIT INSURANCE CORPORATION (Stevens, Duncan) (Entered: 02/28/2011) 7 NOTICE Appearance of Dirk S. Roberts on behalf of John E. Bowman and Office of Thrift Supervision by JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (Sterbenz, Christopher) (Entered: 02/28/2011) 6 NOTICE of Appearance by Christopher A. Sterbenz on behalf of JOHN E. BOWMAN, OFFICE OF THRIFT SUPERVISION (Sterbenz, Christopher) (Entered: 02/28/2011) MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the Motion for Pro Hac Vice Admission, and the record inthis case, it is hereby ORDERED, that the Court grants permission for Liana R. Prieto to appear pro hac vice in this action pending her admission to the bar of this Court. Signed by Judge Ellen S. Huvelle on February 24, 2011. (AG) (Entered: 02/24/2011) MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice: Upon consideration of the Motion for Pro Hac Vice Admission, and the record inthis case, it is hereby ORDERED that the Court grants permission for Theodore J. Abariotes to appear pro hac vice in this action. Signed by Judge Ellen S. Huvelle on February 24, 2011. (AG) (Entered: 02/24/2011) 5 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Theodore J. Abariotes, :Firm- United Western Bancorp, Inc., :Address- 700 17th Street, Suite 750; Denver Colorado 80202. Phone No. - 720 932 4216. Fax No. - 720 946 1218 by UNITED WESTERN BANK (Attachments: # 1 Text of Proposed Order)(Sandler, Andrew) (Entered: 02/23/2011) 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Liana R. Prieto, :FirmBuckleySandler LLP, :Address- 1250 24th Street NW, Suite 700. Phone No. - 202 461 2948. Fax No. - 202 349 8080 by UNITED WESTERN BANK (Attachments: # 1 Text of Proposed Order)(Sandler, Andrew) (Entered: 02/23/2011) 3 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General 02/18/2011., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants served on 2/18/2011, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. Date of Service Upon U.S. Attorney 2/18/2011. ( Answer due for ALL FEDERAL DEFENDANTS by 4/19/2011.) (Sandler, Andrew) Modified on 2/24/2011 to add served date (jf, ). (Entered: 02/23/2011) 2 LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests NONE by UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK. (jf, ) (Entered: 02/18/2011) SUMMONS (6) Issued as to (1) JOHN E. BOWMAN, (2) FEDERAL DEPOSIT

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INSURANCE CORPORATION, (1) OFFICE OF THRIFT SUPERVISION, U.S. Attorney and U.S. Attorney General. (jf, ) (Entered: 02/18/2011) 02/18/2011 1 COMPLAINT against JOHN E. BOWMAN, FEDERAL DEPOSIT INSURANCE CORPORATION, OFFICE OF THRIFT SUPERVISION ( Filing fee $ 350, receipt number 4616036632) filed by MICHAEL J. MCCLOSKEY, JAMES H. BULLOCK, ROBERT T. SLEZAK, CHARLES J. BERLING, UNITED WESTERN BANCORP, INC., UNITED WESTERN BANK, GUY A. GIBSON. (Attachments: # 1 Civil Cover Sheet)(jf, ) (Entered: 02/18/2011)

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09/21/2011 20:14:16 PACER Login: ds8275 Description: Billable Pages: 12 Client Code: Cost: 0.96 Docket Report Search Criteria: 1:11-cv-00408-ABJ