UNITED STATES DISTRICT COURTFOR THE DISTRICT OF COLUMBIA
_______________________________________)UNITED WESTERN BANK, ))Plaintiff, ))v. ))OFFICE OF THE COMPTROLLER )OF THE CURRENCY,
, ))Defendants. )_______________________________________)1:11-cv-00408The Honorable Amy Berman Jackson
MEMORANDUM IN SUPPORT OF PLAINTIFF’S MOTION TO STRIKEDEFENDANTS’ STATEMENT OF FACTS WITH REFERENCES TO THEADMINISTRATIVE RECORD
Defendants have filed 77 pages of briefing on a motion that is limited to 45 pages.Defendants first submitted a 40-page memorandum in support of their motion for summary judgment (and in opposition to United Western Bank’s motion for summary judgment).
ECF No. 100-1. But they also included a separate 37-page “Statement of Facts With Referencesto the Administrative Record.”
ECF No. 100-2. This second document contains 107separate paragraphs detailing Defendants’ view of the case.
Having outlined the facts in thissupplemental filing, Defendants’ separate memorandum then opines on various aspects of thecase without providing a full recitation of the relevant facts. Defendants’ separate “Statement of Facts” should be stricken in its entirety, as the document is nothing more than an attempt to
In addition to “facts,” the statement is rife with argument.
, ECF No. 100-2 at 20 (“TheInvestment Agreement was neither the first nor the last time the Bank proposed an unrealisticrecapitalization plan to its regulators.”);
at 22 n.24 (“The fact is that the Anchor Investors’ contingentpromises … were no more reliable than the Bank’s many previous promises that recapitalization was justa short period away.”).
Case 1:11-cv-00408-ABJ Document 102 Filed 05/22/12 Page 3 of 8