Judge Block's Court
Here is a post from observer410... on the Yahoo board back in November.
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The DIME LTW hearing tomorrow is the biggest part of the open chapter in the case. There is another component to the chapter, however. It is still undecided "who" owns the Anchor litigation [regardless of JMW's Opinion on the GSA]. That gives Steiberg just a bit of another feather.
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United States Court of Federal Claims
Case 1:95-cv-00039-LB
ANCHOR SAVINGS BANK, FSB,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.
Judge Block
ORDER
1/7/11
“The court is in receipt of plaintiff’s “Notice of Submission,” filed this date, in which plaintiff states that the following three motions “have been fully briefed and are ripe for resolution” by the court: (1) plaintiff’s motion for correction of award of mitigation damages; (2) plaintiff’s motion for award of a tax gross-up, pursuant to Rule 60(b) of the Rules of the United States Court of Federal Claims (“RCFC”); and (3) defendant’s motion to dismiss this matter for lack of jurisdiction, pursuant RCFC 12(b)(1). The court notes that a fourth motion, defendant’s motion to dismiss plaintiff’s bill of costs, is also pending before the court.
In light of defendant’s RCFC 12(b)(1) motion to dismiss, it is ORDERED that ALL OTHER PENDING MOTIONS, though fully briefed, are not ripe for resolution and ARE hereby STAYED. The court will schedule oral argument on defendant’s RCFC 12(b)(1) motion to dismiss in the near future.”
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The long and short of it, the US DOJ continues to maintain that JPMC is not the successor to WMB and therefore not the successor to the Anchor litigation and lack standing.
“CONCLUSION
The United States requests that the Court dismiss JPMorgan's claim, but delay dismissal of the action and entry of judgment in defendant's favor until reasonable time has been allowed for the real party in interest to ratify the action. In the alternative, we request that the Court reopen discovery to permit the Government the full opportunity to explore the basis for JPMorgan's factual assertions that it is the rightful owner of the Anchor claim.”
9/14/11
Oral Argument was conducted on 9/14/11 by Judge Lawrence J. Block, in a courtroom, in Washington, DC. Official Record of proceeding taken via electronic digital recording (EDR). (Entered: 09/14/2011). However, the 58-PAGE TRANSCRIPT of Proceedings held on September 14, 2011 before Judge Lawrence J. Block in Chambers is subject to non-party restrictions.
12/27/11
Therefore, Release of Transcript Restriction set for 12/27/2011. (Entered: 09/28/2011).
