Case 1:11-cv-00408-ABJ Document 71

Filed 01/25/12 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 PLAINTIFFS MOTION TO EXPEDITE Defendants Office of the Comptroller of the Currency and Acting Comptroller John G. Walsh take no position on whether Plaintiffs motion to expedite consideration of the pending motion to compel should be granted. The Court is in the best position to determine matters of scheduling and priority with respect to its docket. Defendants note, however, that rather than identifying any present emergency or other pressing circumstance that would justify prioritizing Plaintiffs motion to compel over other matters on the Courts docket, Plaintiff cites vague and unsupported contentions concerning the Courts ability to grant meaningful relief1 if a ruling in this case is delayed. The majority of Plaintiffs motion to expedite is simply a restatement of arguments it proffered in the underlying motion to compel. As demonstrated in their response to Plaintiffs motion to compel, the Defendants have produced the Administrative Record containing all of the facts that the Acting Director of the OTS relied upon in making his decision to appoint a receiver for United Western Bank. While taking no position on Plaintiffs motion to expedite, the
1

While fairly infrequent, legal challenges to the appointment of a receiver for a financial institution present a straightforward application of the Administrative Procedure Act and are decided in the normal course. See James Madison, Ltd. v. Ludwig, 868 F. Supp. 3 (D.D.C. 1994), affd 82 F.3d 1085 (D.C. Cir. 1996), cert. denied 519 U.S. 1077 (1997).

Case 1:11-cv-00408-ABJ Document 71

Filed 01/25/12 Page 2 of 2

Defendants respectfully submit that Plaintiffs Renewed Second Motion to Compel should be denied in its entirety. Date: January 25, 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 Attorneys for Office of the Comptroller of the Currency and Acting Comptroller John G. Walsh CERTIFICATE OF SERVICE I hereby certify that on this 25th day of January 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