Case 1:11-cv-00408-ABJ Document 90

Filed 03/09/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ UNITED WESTERN BANK, ) ) Plaintiff, ) ) v. ) C.A. No. 11-408 (ABJ) ) OFFICE OF THE COMPTROLLER OF ) THE CURRENCY, et al. ) ) Defendants. ) DEFENDANTS RESPONSE TO THE COURTS ORDER REGARDING SCHEDULING OF DISPOSITIVE MOTIONS On February 9, 2012 the Court entered an order directing all discovery be completed no later than March 7, 2012. Discovery is now complete. In addition, the Courts order directed the parties to submit an agreed scheduling for dispositive motions not later than March 9, 2012. Defendants have been unable to reach an agreement with Plaintiff on this issue. Defendants therefore propose that the Court enter an order directing both parties to file cross-motions for summary judgment on or before Friday, May 11, 2012; oppositions thereto on or before Friday, June 8, 2012; and reply briefs, if any, on or before Friday, June 22, 2012. A proposed order setting forth these dates and requiring the parties compliance with the Local Civil Rules regarding motions for summary judgment is appended to this filing.

Case 1:11-cv-00408-ABJ Document 90

Filed 03/09/12 Page 2 of 2

Dated: March 9, 2012

Respectfully submitted, Julie L. Williams, Chief Counsel Daniel P. Stipano, Deputy Chief Counsel Horace G. Sneed, (MI Bar No. P33434) Director, Litigation Division Gregory F. Taylor, Assistant Director, Litigation Division DC Bar No. 417096 /s/Christopher A. Sterbenz Christopher A. Sterbenz, Counsel, Litigation Division DC Bar No. 437722 250 E Street, S.W. Washington, D.C. 20219 Telephone: (202) 927-9124 Facsimile: (202) 874-5279 christopher.sterbenz@occ.treas.gov Attorneys for Office of the Comptroller of the Currency and Acting Comptroller John G. Walsh CERTIFICATE OF SERVICE

I hereby certify that on this 9th day of March 2012, I electronically filed a true copy of the foregoing. To the best of my belief, this Courts electronic filing system will send notice of this filing to all counsel of record by e-mail and all parties have access to this filing through the Courts electronic filing system. /s/Christopher A. Sterbenz Christopher A. Sterbenz

Case 1:11-cv-00408-ABJ Document 90-1

Filed 03/09/12 Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA __________________________________________ UNITED WESTERN BANK, ) ) Plaintiff, ) ) v. ) C.A. No. 11-408 (ABJ) ) OFFICE OF THE COMPTROLLER OF ) THE CURRENCY, et al. ) ) Defendants. ) [PROPOSED] SCHEDULING ORDER The instant case is ripe for disposition pursuant to Federal Rule of Civil Procedure 56. Therefore the Court directs the parties in this matter to file cross-motions for summary judgment on the following schedule: a) Each party shall submit a motion for summary judgment on or before Friday, May 11, 2012; b) Oppositions to the motions for summary judgment shall be due on or before Friday, June 8, 2012; c) Reply briefs, if any, shall be due on or before Friday, June 22, 2012. All submissions by the parties shall comport with the standards for summary judgment motions set forth in Local Civil Rule 7. Because there is no entitlement to a jury trial in this action, no pre-trial conference shall be scheduled by the Court.

ORDERED this _______ day of ___________, 2012.

Case 1:11-cv-00408-ABJ Document 90-1

Filed 03/09/12 Page 2 of 2

By:

______________________________ Amy Berman Jackson United States District Judge