Case 1:11-cv-00408-ABJ Document 108 Filed 06/19/12 Page 1 of 4

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA _______________________________________ ) UNITED WESTERN BANK, ) ) Plaintiff, ) ) v. ) ) OFFICE OF THE COMPTROLLER ) OF THE CURRENCY, et al., ) ) Defendants. ) _______________________________________)

1:11-cv-00408 The Honorable Amy Berman Jackson

REQUEST FOR ORAL ARGUMENT On June 15, 2012, the parties completed briefing on their respective cross-motions for summary judgment. While the allowance of oral argument, of course, is “within the discretion of the court,” LCvR 7(f), all parties agree that oral argument would be helpful in resolving the pending motions. And given the complexity of the issues in the case, the Court’s discretion would be appropriately exercised to order argument. A full and careful consideration of the pending issues through oral argument is especially crucial in light of this Court’s posture as “an appellate tribunal,” Am. Bioscience, Inc. v. Thompson, 269 F.3d 1077, 1083 (D.C. Cir. 2001), that will decide this matter on summary judgment rather than through a “trial-type proceeding,” Marshall Cnty. Health Care Auth. v. Shalala, 988 F.2d 1221, 1225 (D.C. Cir. 1993). Therefore, United Western Bank (“the Bank”) respectfully requests that the Court schedule a hearing at its convenience. Counsel have met and conferred about possible dates for oral argument. Two matters related to scheduling warrant the Court’s attention. First, the attorney who plans to present argument on behalf of the Bank is currently addressing certain medical issues. These issues


Case 1:11-cv-00408-ABJ Document 108 Filed 06/19/12 Page 2 of 4

render him unavailable for argument on periodic dates. Second, counsel for Defendants and cocounsel for the Bank have additional dates of unavailability. Therefore, to the extent possible for the Court’s schedule, the Bank respectfully asks that the Court schedule argument on one of the following days (in July through November):         July 6 July 10 July 17-19 August 2-6 August 20 August 22-23 August 27-29 September 3-14         September 19-24 September 27-28 October 1-5 October 11-18 October 22-31 November 1-7 November 9-20 November 26-30

Counsel for the Bank and for Defendants would welcome the opportunity to discuss these matters further with the Court in a scheduling conference. Should the Court require additional information concerning the above dates of unavailability, counsel would also be happy to provide it.


Case 1:11-cv-00408-ABJ Document 108 Filed 06/19/12 Page 3 of 4

Respectfully submitted, /s Andrew L. Sandler . Andrew L. Sandler (DC Bar No. 387825) Samuel J. Buffone (DC Bar No. 161828) Liana R. Prieto (DC Bar No. 987287) Michael R. Williams (DC Bar No. 994953) BUCKLEYSANDLER LLP 1250 24th St., NW, Suite 700 Washington, DC 20037 (202) 349-8001 (Telephone) (202) 349-8080 (Facsimile) /s Lawrence D. Kaplan . Kirby D. Behre (DC Bar No. 398461) Lawrence D. Kaplan (DC Bar No. 415186) PAUL HASTINGS LLP 875 15th Street NW Washington, DC 20005 (202) 551-1719 (Telephone) (202) 551-0119 (Facsimile) /s Theodore J. Abariotes Theodore J. Abariotes Deputy General Counsel UNITED WESTERN BANCORP, INC. 700 17th Street, Suite 2100 Denver, Colorado 80202 (720) 932-4216 (Telephone) (720) 946-1218 (Facsimile) .

Attorneys for Plaintiff United Western Bank Dated: June 19, 2012


Case 1:11-cv-00408-ABJ Document 108 Filed 06/19/12 Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on this 19th day of June, 2012, a true copy of the foregoing was filed electronically. Notice of this filing will be sent by email to all parties by operation of the Court’s electronic filing system. Parties may also access this filing through the Court’s electronic filing system.

/s Liana R. Prieto Liana R. Prieto


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