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FDIC v ROBERT ABRAMS Click to find out why . . .



Keywords & Phrases
CaseNo: FVRA98020, CourtName: MA DC, Plaintiff: FDIC, State: MA Massachusetts, UniqueCaseRef: LCD>FVRA98020, Settlement, Amount, Bank, Peat Marwick, Global Settlement, Loans, Fdic Olympic Receiver, Kpmg, Massachusetts Setoff Statute, Directors, Massachusetts, Saraceno, Liability, Receivership Estate, Paid, Paragraph, Massachusetts Ucata, Settlement Agreement, Complaint, Former Directors, Act, Tierney, Summary Judgment, Regulation, Mass, Trust, Settlement Payment, Parks, Proceeds, Settlement Credit, Allocation, Losses, Federal Deposit Insurance, Spiegel, Unallocated Settlement, Capacities , ContentID: 120253993

Case Documents
1 1997-07-09 COURT MEMO & ORDER
[ see first page and extracted highlights below  ] ItemID: 130738
5 pages
PDF
2 1997-05-30 PLF MOT TO CONSOLIDATE
[ see first page and extracted highlights below  ] ItemID: 130744
7 pages
PDF
3 1997-05-09 DEF RPLY TO OPP FO SUMMARY JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 130741
15 pages
PDF
4 1997-03-31 PLF MEM OPP MOT FO SUMMRY
[ see first page and extracted highlights below  ] ItemID: 130743
23 pages
PDF
5 1996-12-15 AFFIDAVIT OF NICOLAZZO
[ see first page and extracted highlights below  ] ItemID: 130727
3 pages
PDF
8 1996-01-22 ANSWER & DEF OF ABRAMS
[ see first page and extracted highlights below  ] ItemID: 130729
16 pages
PDF
9 1996-01-03 ANSWER OF COLLINS
[ see first page and extracted highlights below  ] ItemID: 130730
10 pages
PDF
10 1996-01-02 JURY TRIAL CLAIMED
[ see first page and extracted highlights below  ] ItemID: 130742
6 pages
PDF
11 1996-01-02 AMENDED 3RD PARTY COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130728
6 pages
PDF
12 1995-12-15 DEF MEM OF MOTION FOR SUMMARY JUDGMENT
[ see first page and extracted highlights below  ] ItemID: 130740
21 pages
PDF
15 1995-09-18 THIRD PARTY COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130745
48 pages
PDF
16 1995-09-18 ANSWER OF WALSH
[ see first page and extracted highlights below  ] ItemID: 130733
28 pages
PDF
17 1995-09-18 ANSWER OF SPEIGEL
[ see first page and extracted highlights below  ] ItemID: 130732
15 pages
PDF
18 1995-06-22 COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 130737
36 pages
PDF
19 1995-06-22 CIVIL COVER SHEET
[ see first page and extracted highlights below  ] ItemID: 130735
6 pages
PDF
Total Documents: 19 documents , 261 pages
Price: $ 109.95


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1 . COURT MEMO & ORDER

EXTRACTED KEY WORDS
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found in document.
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                                                UNITED             STATES  DISTRICT  COURT
                                                   DISTRICT  OF  MASSACHUSETTS





FEDERAL          DEPOSIT           INSURANCE
CORPORATION,                    as  liquidating              agent
and  receiver         of  Olympic                  International             )
Bank  &  Trust  Company,                                                     1
                                       Plaintiff                             )
                                                                             )  CIVIL  ACTION      
                                       V.                                    )     95-11332-EFH
                                                                             1
ROBERT         ABRAMS,             ET  AL.,                                  1
                                       Defendants.                           1





                                        MEMORANDUM                                        AND  ORDER

                                                                         July  9,  1997

HARRINCTON,                   D.J.

             This  action         was  filed  by  the  FDIC  Olympic                          

Receiver        ("FDIC          Olympic              Receiver")         to  recover       on 

estate  millions           of  dollars              in  losses  resulting          from  acts  of 

breach        of  fiduciary            duty,  and  breach                of  contract         by 

Trust  Company's                former             directors         (the  "defendants").

             Defendants            have  moved                   for  summary       judgment       
 that

they  are  entitled,             under  Mass.Cen.L.                      ch.  2318,       §  4,  to

million       -  an  amount                   greater     than  the  liability          asserted   
 as


a  result  of  a  1994  global                    settlement           payment              made 
      ("Peat
SNIPPETS:

2 . PLF MOT TO CONSOLIDATE

EXTRACTED KEY WORDS
ATTORNEY
BOSTON
ESQ
FLOOR BOSTON
DAVID
RAVECH
EFH
DISTRICT
COURTS
CONNECTICUT
COLLINS
JOHN
PRO
PLAINTIFF
ENC
ASSISTANCE
HESITATE
CONSOLIDATE
MOTION
FILING
MADAM
SIR
SCRAMS
RUT
JSTS
COURTHOUSE
MASSACHUSETTS
SESSION
CIVIL
                                             UNITED           STATES  DISTRICT                     
                                                DISTRICT                OF  MASSACHUSETTS


FEDERAL  DEPOSIT                      INSURANCE  CORPORATION,                                   )
as  Liquidating                     Agent              and  Receiver             of             1
OLYMPIC  INTERNATIONAL                                  BANK  &  TRUST  CO.                     )

            Plaintiff,
                                                                                                   
                                                                                                   
V.

ROBERT  ABRAMS,  ET  AL.

            Defendants.




FEDERAL  DEPOSIT                      INSURANCE  CORPORATION,                                   )
as  Liquidating                     Agent              and  Receiver             of             1
OLYMPIC              INTERNATIONAL                      BANK  &  TRUST  CO.                     )

            Plaintiff,
                                                                                                   
                                                                                                   
V.


THOMAS  F.  COLLINS,                          III,         DAVID  COWENS,
and  K.C.                JONES,

            Defendants.


                                      PLAINTIFF'S                     MOTION  TO  CONSOLIDATE

            Pursuant               to  Rule             42  of  the           Federal          

the        plaintiff                FDIC       as  Liquidating                     Agent           

International                      Bank  &  Trust                   Co.  (hereinafter              

this         Court          consolidate                    the        two     captioned            
n

support             of  this          motion,              Olympic            states        as 

SNIPPETS:
  • Plaintiff,
  • Defendants.
  • - and Pro Se
  • -5-Melvin Ravech, Esq.
  • Ravech, Roy & Ravech,
  • John M. Connolly,
  • Meyer, Connolly, Sloman & Macdonald 12 Post Office Square, 5th Floor Boston, MA 02109
  • LLP 425 Summer Street Fifth Floor Boston,
  • David Cowens and K.C. Jones
  • CONNECTICUT
  • of Courts,
  • Civil
  • Session
  • U.S. District
  • and Courthouse
  • Jsts;
  • scrams,
  • EFH; AND
  • FDIC v. Collins,
  • Dear Sir or Madam:
  • MOTION TO CONSOLIDATE
  • do not hesitate
  • your assistance.
  • Enc.

  • 3 . DEF RPLY TO OPP FO SUMMARY JUDGMENT

    EXTRACTED KEY WORDS
    PEAT MARWICK
    FORMER DIRECTORS
    PROCEEDS
    CAPACITIES
    FDIC OLYMPIC RECEIVER
    SETTLEMENT AGREEMENT
    DEFENDANTS
    LIABILITY
    APPORTIONMENT
    AMOUNT
    PLAINTIFF
    PAID
    COURT
    DESPITE
    REGULATION
    FDIC ENTITIES
    ALLOCATION
    NON-SETTLING DEFENDANTS
    DISTINCTION
    DISTRIBUTION
    RELEASING PEAT MARWICK
    UNCONTROVERTED FACTS
    ACCOUNTANTS
    NEGOTIATE
    SETTLING PARTIES
    PLAINTIFF NEVERTHELESS ARGUES
    OPPOSITION
    STATUTORY LANGUAGE
    CORPORATE CAPACITY
    
                                      UNITED  STATES  DISTRICT  COURT
                                        DISTRICT  OF MASSACHUSETTS
    
    *******~**$********~**9t*
    FEDERAL  DEPOSIT  INSURANCE                         *
    CORPORATION,  as Liquidating  Agent                 *
    and Receiver  of OLYMPIC                            *
    INTERNATIONAL             BANK  &  TRUST  CO.,  * *         CIVIL  ACTION
                      Plaintiff,                        *       NO.  9%CV-11332-EFH
                                                        +
             V.                                         *
                                                        *
    ROBERT  ABRAMS,  et al.,                            *
                                                        *
                      Defendants.                       * 8
    *+****************t******~
    
                                           DEFENDANTS'  REPLY  TO
                                     FDIC'S  OPPOSITION  TO  DEFENDANTS'
                                       OTION  FOR  SUMMARY  JUDGMXNT
    
              In  1994, the FDIC,  in all its various capacities, received $58.5 million  from  KPMG
    
     Peat Marwick  ("Peat  Marwick")  as part of a global  settlement of various pending and potential
    
     claims  by the FDIC  against Peat Marwick  arising out Peat Marwick's  accounting work  for
    
     various  failed  banks, including  Olympic  International  Bank &  Trust Co.  ("Olympic").      
    
     Global  Settlement did  not, however,  apportion the proceeds among the various  banks.  In
    
     1995, the FDIC  brought  suit against the former  directors  of Olympic  based on the directors'
    
     alleged violations  of Regulation  0.  During  the time  that Peat Marwick  served as Olympic's
    
     accountants, Peat Marwick  certified  in its audited fmancials  that the directors had, in essence,
    
     complied  with  Regulation  0.  Despite these uncontroverted  facts,  which  demonstrate that the
    
      FDIC  received significant  consideration  for  releasing Peat Marwick  from  its joint  and
    
      liability  with  the former  directors  of Olympic,  the FDIC  takes the amazing position  in  its
    
      Opposition  that the former  directors  of Olympic  are not entitled  to any reduction  at all 
    
    
    potential  liability  to the FDIC  based on the Global  Settlement, while  still  maintaining,  as
    
    did  in their  Memorandum  in Support of Peat Marwick's  Motion  for  Summary  Judgment,  that
    
    SNIPPETS:
  • Peat Marwick as part of a global settlement of various pending and potential
  • Global Settlement did not, however, apportion the proceeds among the various banks.
  • the FDIC brought suit against the former directors of Olympic based on the directors'
  • alleged violations of Regulation 0.
  • accountants, Peat Marwick certified in its audited fmancials that the directors had, in
  • Despite these uncontroverted facts, which demonstrate that the
  • FDIC received significant consideration for releasing Peat Marwick from its joint and several
  • Opposition that the former directors of Olympic are not entitled to any reduction at all in
  • potential liability to the FDIC based on the Global Settlement, while still maintaining, as
  • Both parties agree that the UCATA provides that non-settling defendants are entitled to
  • a setoff of either the amount of the consideration paid for the release or the amount that
  • capacities as to allocation; rather, the Global Settlement contains just an undifferentiated
  • dictates that where, as here, the settling parties fail to allocate the proceeds within the
  • series of separate settlements by the various FDIC entities,
  • Receiver, in which some entities received money and others, like the FDIC Olympic Receiver,
  • As the plaintiff admits, the Global Settlement
  • The Plaintiff nevertheless argues on the one hand
  • subsequent internal distribution of the proceeds distributed nothing to the FDIC Olympic,
  • Global Settlement agreement as Exhibit H, had just one payee, "the FEDERAL DEPOSIT
  • " The funds were paid to the
  • any distinction among its several roles and capacities.
  • Corporation in all its capacities, including, without limitation, its corporate capacity;
  • " The FDIC asks this court to
  • received nothing -- despite the clear language of the Settlement Agreement to the contrary.
  • for the proposition that, in direct opposition to the statutory language, it is the
  • Unilateral Agreements as to Apportionment Are Irrelevant and Not Binding Upon the Court.
  • impossible to negotiate and to agree upon a number for each pending or potential claim.

  • 4 . PLF MEM OPP MOT FO SUMMRY

    EXTRACTED KEY WORDS
    FDIC OLYMPIC RECEIVER
    AMOUNT
    PEAT MARWICK
    MASSACHUSETTS SETOFF STATUTE
    PLAINTIFF
    RECEIVERSHIP ESTATE
    MASSACHUSETTS UCATA
    DEFENDANTS
    PAID
    ACT
    MASS
    SETTLEMENT PAYMENT
    SETTLEMENT CREDIT
    FEDERAL DEPOSIT INSURANCE
    COURT
    LIABILITY
    GLOBAL SETTLEMENT
    SETTLEMENT AGREEMENT
    DEPOSIT INSURANCE CORPORATION
    NON-SETTLING
    TORTFEASORS
    CONSIDERATION PAID
    ZERO DOLLARS
    NEGLIGENCE
    LIQUIDATING AGENT
    FUTURE RECOVERIES
    STATUTORY LANGUAGE
    UNIFORM ACT
    ALLOCATION
    
                                                                                                       
    r---_--------_____r___II________________--------------------------------
    
    FEDERAL  DEPOSIT  INSURANCE  CORPORATION,                                                          
     as liquidating  agent  and  receiver  of  Olympic
    International  Bank  &  Trust  Company,                                                            
                                                                                                       
    
                                                                                         Plaintq       
    2-EFH     1
    
                                                                                                     V.
    
    
    ROBERT  ABRAMS,  GL d
    
                                                                                         Defendants.
    
      ----------___-__-_--I___________________--------------------------------                         
    
    
                                                                                   PLAINTIFF        
                                                                                    D_E;FEM)ANTS'      
    
    
                                                        This  case arises out  of  the  failure  of 
    c"
    
         or  the  "Bank").  The  plaintiff  is the  Federal  Deposit  Insurance  Corporation  acting 
    
        the  liquidating  agent  and  receiver  for  Olympic  ("FDIC  Olympic  Receiver").  This 
    
        by the  FDIC  Olympic  Receiver  to  recover  on  behalf  of  the  Olympic  receivership 
    
         dollars  in  losses resulting  from  acts of  negligence,  gross negligence,  breach  of 
    
         breach  of  contract  by the  Bank's  former  directors  (the  "Defendants").
    
                                                         The  Defendants  have  moved  for  summary
    
    
          are  entitled  under  Mass. Gen.  L.  ch. 23 1B. 5 4  ("Massachusetts  UCATA  6 4"  or  the
    
          "Massachusetts  Setoff  Statute")  to  a settlement  credit  of  $58.5  million  --  an 
    
         the  liability  asserted  against  them  in this action  --  as a result  of  a 1994 
    
         by KPMG  Peat Marwick  ("Peat  Marwick")  even  though  not  a single  penny  of  that  $58.5 
    
    
    SNIPPETS:
  • r---_--------_____r___II________________--------------------------------as liquidating agent
  • The plaintiff is the Federal Deposit Insurance Corporation acting in its capacity as
  • dollars in losses resulting from acts of negligence, gross negligence, breach of fiduciary
  • "Massachusetts Setoff Statute") to a settlement credit of $58.5 million -- an amount greater
  • by KPMG Peat Marwick even though not a single penny of that $58.5 million
  • was paid to the Olympic receivership estate.
  • Setoff Statute does not provide non-settling defendants with a settlement credit greater than
  • the FDIC Olympic Receiver recovered no settlement
  • The Global Settlement Between Federal Banking Agencies and Peat Marwick
  • and the Federal Deposit Insurance Corporation.
  • Settlement Agreement, B 1.i at page 3, Exh.
  • Noyes v. Raymond, 28 Mass.
  • The courts frequently refer to that Uniform Act by the abbreviation "UCATA"
  • paid $186.5 million in connection with the Global
  • against Peat Marwick without receiving any settlement payment,
  • against contribution claims implemented by Massachusetts UCATA 5 4.
  • (where court tids settlement was not in good faith,
  • F'DIC Olympic Receiver received zero dollars in connection with the Global Settlement;
  • amount that could be setoff against future recoveries by the FDIC Olympic Receiver from
  • Contribution Among Tortfeasors Act.
  • It shall not discharge any of the other tortfeasors from liability for the
  • Uniform Act is FSLIC v. Butler,
  • of the consideration paid or the amount the parties agreed should be set off.
  • merely stands for the rather unremarkable proposition that unambiguous statutory language must
  • and the court refused to allow the windfall that would result from enforcement of the private

  • 5 . AFFIDAVIT OF NICOLAZZO

    EXTRACTED KEY WORDS
    
    
    									
                                  UNITED  STATES  DISTRICT  COURT                                      
                                                                                                       
                                    DISTRICT  OF  MASSACHUSETTS                                        
                                                                                                       
    
    FEDERAL  DEPOSIT  INSURANCE                                             ;                          
                                                                                                       
    CORPORATION,  as  liquidating                        agent  and  )
    receiver        of  the  Olympic               International            )                        x
    Bank  &  Trust           Company,                                       )             CIVIL  ACTION
                                    Plaintiff,                              ;           No. 
    
                                           V.                               ;
    
    ROBERT  ABRAMS  &  others,                                              I
    
                                    Defendants.
                                                                            i
    
                        AFF
                        q
    
            I,  Victor         A.  Nicolazzo,              Jr.,      on  oath  depose  and  say  as
    
    follows:
    
    1.  From  1985,  when  Olympic                       International               Bank  &  Trust
    
          Company            ("Olympic")            was  founded,          until       1992  when  it
    
          closed,       I  served  as  a  director                   of  Olympic           and 
    
          its  board  of  directors,                     and  I  am  a  defendant                 in 
    
          above-captioned                 action.
    
    2.  Olympic         engaged  Peat,  Marwick,                     Main  &  Co.,  later              
    
          Peat  Marwick            ("Peat,          Marwick"),         as  its  accountants            
    
          independent            auditors,            and  Peat,  Marwick              rendered        
    
          services           to  Olympic           throughout         its  existence              from 
    
          1992.
    
    3.  Each  year  Peat,  Marwick                       conducted         an  audit            of 
    
          submitted           to  the  bank  its  certification                        of  Olympic's
    
    SNIPPETS:
  • AFF

  • 8 . ANSWER & DEF OF ABRAMS

    EXTRACTED KEY WORDS
    NICOLAZZO
    COMPLAINT
    RESPONSIBILITIES
    ABRAMS
    DEFENDANTS
    PLAINTIFF
    
                                                 UNITED            STATES  DISTRICT                   
                                                    DISTRICT               OF  MASSACHUSETTS
    
    
    
    
    
    FEDERAL  DEPOSIT                         INSUIiANCE
    CORPORATION,                    as  Liquidating
    Agent          and  Receiver                  of  Olympic
    International                     Bank  &  Trust                    Co.
    
               Plaintiff,
    
    V.
                                                                                                       
    ROBERT  ABRAMS,  FRANK  N.  CARDULLO,                                                              
    ..:;I
    
         c,d.-"i
    PETER  S.  DONADIO,                          JON  A  LICHTER,                                ANSWER
    JOHN  A.  MCKENZIE,                          JOSEPH  A.  MILANO,                                
    VICTOR  A.  NICOLAZZO,                                JR.,      WILLIAM                         
    O'BRIEN,             CAROL  SAWYER  PARKS,                                                      
    DOMINIC             J.  SARACENO,  DAVID  SPIEGEL,                                              
    MICHAEL             TIERNEY,              GERALD  R.  WALSH,
    
               Defendants.
    
    
    
    
    
               The  defendant,                      Robert              S.  Abrams           
    
    complaint                  of  Plaintiff                 Federal              Deposit      
    
     ("FDIC1')           and  states                as  follows:
    
               1.              In  answer           to  paragraph                       1,  Abrams     
    
    purports             to  bring               this        action             for      damages       
    
    but  is  without                   knowledge                   or  information                  
    
    belief            as  to  whether                     FDIC  has  standing                   to 
    
    of  Olympic                 International                      Bank  &  Trust             Co.      
    
    
    SNIPPETS:
  • Plaintiff,
  • Defendants.
  • Abrams.
  • responsibilities.
  • complaint.
  • Nicolazzo
  • Lewis

  • 9 . ANSWER OF COLLINS

    EXTRACTED KEY WORDS
    SIR/MADAM
    COUNSEL
    CERT/SERVICE2
    PRIEST LLP
    REID
    ANSWERS/COLLINS
    MONTILLIO
    GEORGE
    JOSEPH
    MORAN
    JOHN
    WALSH
    GERALD
    
    FEDERAL  DEPOSIT                 INSURANCE                     1
    CORPORATION,                as  Liquidating                    1
    Agent       and  Receiver               of  OLYMPIC            )
    INTERNATIONAL                BANK  &  TRUST  CO.,)
                                 Plaintiff,                        1
    
                      -against-                                    1
    
    ROBERT  ABRAMS,  FRANK  N.                                     ;
    CARDULLO,           PETER  S.  DONADIO,
    JON  A.  LICHTER,                JOHN  A.                      i
    MCKENZIE,          JOSPEH  A.  MILANO,
    VICTOR  A.  NICOLAZZO,                       JR.,              i
    WILLIAM          O'BRIEN,             CAROL  SAWYER  )
    PARKS,  DOMINIC                 J.  SARACENO,                  1
    DAVID  SPIEGEL,                 MICHAEL          TIERNEY,)
    GERALD  R.  WALSH,
                                 Defendants                        ;             NO.  95-CV-11332      
                                                                   i
    
    CAROL  SAWYER  PARKS,                                          1
             Third-Party             Plaintiff,
    
                      -against-                                    i )
    K.C.      JONES,  DAVID  COWANS,                               )
    JOHN  M.  MORAN,  JOSEPH  G.
    MALONEY,  THOMAS  F.  COLLINS,                                 ;
    III,      GEORGE  E.  MONTILLIO,
             Third-Party             Defendants
                                                                   i
    
    
    
              ANSWER  OF  THIRD                  PARTY  DEFENDANT,               THOMAS  F.  COLLINS,  
                                TO  FIRST           AMENDED  THIRD  PARTY  COMPLAINT
    
             Third-Party             Defendant,             Thomas         F.  Collins,         III,   
    
    llCollinsll)             responds           to  the     numbered          paragraphs          of 
    
    Third-Party               Complaint             of  Carol      Sawyer        Parks       as 
    
    
    
    
    
                                                                   -l-
    
    
    
    SNIPPETS:
  • GERALD R. WALSH,
  • JOHN M. MORAN, JOSEPH G.
  • III, GEORGE E. MONTILLIO,
  • REID & PRIEST LLP
  • OF COUNSEL
  • Dear Sir/Madam:
  • Enclosure

  • 10 . JURY TRIAL CLAIMED

    EXTRACTED KEY WORDS
    COMPLAINT
    THIRD-PARTY
    ALLEGATIONS
    PLAINTIFF
    MORAN
    MASSACHUSETTS
    KPMG
    LOANS
    DEFENDANTS
    DUTY
    CAPACITY
    HEREINAFTER
    MALONEY
    PARAGRAPHS
    JONES
    ACCORDING
    SUITABILITY
    INDEMNIFICATION
    RECOVER
    BREACH
    NEGLIGENCE
    REFERENCE
    INCORPORATES
    PARKS REALLEGES
    LIABILITY
    UNKNOWN
    RESIGNATION
    INCEPTION
    TIME PERIOD
    
                                     UNITED           STATES  DISTRICT      COURT
                                       DISTRICT          OF  MASSACHUSETTS                             
    
    
    
    
                                                                  >
    FEDERAL  DEPOSIT               INSURANCE                      1
    CORPORATION,          as  Liquidating        Agent            1
    and  Receiver  of  OLYMPIC          INTERNATIONAL              )
    BANK  &  TRUST  CO.,                                           >
                                                                   >
                                        Plaintiff,                 1
                                                                   >
                     -against-                                     >
                                                                   1
    ROBERT  ABRAMS,  FRANK  N.  CARDULLO,                          )
    PETER  S. DONADIO,              JON  A.  LICHTER,              )
    JOHN  A.  MCKENZIE,              JOSEPH  A.  MILANO,           )
    VICTOR  A.  NICOLAZZO,              JR.,  WILLIAM              )
    O'BRIEN,  CAROL  SAWYER  PARKS,                                >
    DOMINIC      J.  SARACENO,  DAVID  SPIEGEL,                    )
    MICHAEL      TIERNEY,           GERALD  R.  WALSH,             )
                                                                   )
                                        Defendants.                1
                                                                   >
                                                                   1
    CAROL  SAWYER  PARKS,                                          1
                                                                   >
                     Third-Party       Plaintiff,                  >
                                                                    )
                     -against-                                     )
                                                                    1
    K.  C.  JONES,  DAVID  COWENS,  JOHN  M.                        )
    MORAN,  JOSEPH  G.  MALONEY,                       THOMAS       )
    F.  COLLINS,      III,  GEORGE  E.  MONTILIO,                   )
    KPMG  PEAT  MARWICK,                LLP,                        >
                     Third-Party       Defendants.                  >
                                                                    >
    
    
    
            Now  comes  Third-Party             Plaintiff,  Carol  Sawyer  Parks  (hereinafter    
    
     accordance  with  F.R.Civ.  P.  15(a),  no  responsive  pleading  having  been  served,  hereby  as
    
    
    a  matter  of  course  amends  her  Third-Party     Complaint  by  deleting  it  in  its  entirety 
    
    
    SNIPPETS:
  • a matter of course amends her Third-Party Complaint by deleting it in its entirety and
  • Massachusetts and, from May 21, 1987 through July 27, 1990, served as a Director of the
  • Olympic International Bank & Trust Co, (hereinafter "Olympic").
  • K. C. Jones became a
  • Director of Olympic in or about March 1985 and served in that capacity until in or about
  • in Massachusetts as a Director of Olympic during said time period.
  • John M. Moran is a resident of Massachusetts and
  • served in the capacity of Director of Olympic from the inception of Olympic until his
  • 1991 according to the allegation in the Complaint.
  • Olympic until his resignation on October 17, 1991 according to the allegation in the
  • and the Third-Party Plaintiff is informed and believes that he served as a Director of
  • Olympic, however, his dates of service are unknown at this time.
  • Parks realleges and incorporates herein by reference the allegations
  • upon the allegations contained in the original Complaint filed in the United States
  • and others for alleged acts of negligence, gross negligence, breach of fiduciary duty and
  • Although Parks has denied and does deny any responsibility for damages to
  • addition to being entitled to recover from the cross-defendants as alleged in the crossaction
  • As to the Third-Party Director Defendants, all said Defendants, as
  • Defendant Directors are liable for the very same breaches of duty and contract and,
  • contained in paragraphs 1 - 13 above.
  • in the Complaint and, as a result of said loans, Olympic was caused to suffer a loss.
  • If the FDXC establishes its claim against Parks, then Moran and Maloney
  • KPMG acted as Olympic's independent auditors.
  • as to the suitability of the loans and compliance with Federal Reserve
  • If the FDIC should prevail on claims asserted against Parks, her liability
  • KPMG will be liable to Parks for indemnification and/or contribution.

  • 11 . AMENDED 3RD PARTY COMPLAINT

    EXTRACTED KEY WORDS
    COMPLAINT
    THIRD-PARTY
    ALLEGATIONS
    MASSACHUSETTS
    PLAINTIFF
    MORAN
    DEFENDANTS
    CAPACITY
    LOANS
    RECOVER
    DUTY
    PARAGRAPHS
    JONES
    HEREINAFTER
    ACCORDING
    MALONEY
    CROSS-DEFENDANTS
    BREACH
    NEGLIGENCE
    REFERENCE
    INCORPORATES
    PARKS REALLEGES
    UNKNOWN
    RESIGNATION
    INCEPTION
    TIME PERIOD
    CONDUCTING BUSINESS
    RESPONSIBILITY
    KPMG
    
                                                                                                       
                                                                                                       
                                       UNITED           STATES  DISTRICT     COURT                
                                                                                                   3  s
                                        DISTRICT           OF  MASSACHUSETI'S                          
                                                                                                   Cl
                                                                                                       
                                                                                                       
    
    
    
    
    FEDERAL  DEPOSIT                INSURANCE                       >
    CORPORATION,           as  Liquidating        Agent             >
    and  Receiver  of  OLYMPIC           INTERNATIONAL              )
    BANK  &  TRUST  CO.,                                                     FIRST  AMENDED
                                                                    >
                                                                    1        THIRD  PARTY  COMPLAINT
                                         Plaintiff,                 >        NO.  954X-11332       EFH
                                                                    >
                      -against-                                     >        (Jury  Trial  Claimed)
                                                                    >
    ROBERT  ABRAMS,  FRANK  N.  CARDULLO,                           )
    PETER  S. DONADIO,               JON  A.  LICHTER,              )
    JOHN  A.  MCKENZIE,               JOSEPH  A.  MILANO,           >
    VICTOR       A.  NICOLAZZO,          JR.,  WILLIAM              )
    O'BRIEN,  CAROL  SAWYER  PARKS,                                 >
    DOMINIC        J.  SARACENO,  DAVID  SPIEGEL,                   )
    MICHAEL        TIERNEY,          GERALD  R. WALSH,              )
                                                                    >
                                         Defendants.                >
    
                                                                    >
    CAROL  SAWYER  PARKS,                                           >
                                                                    >
                      Third-Party       Plaintiff,                   >
                                                                     >
                      -against-                                      >
                                                                     >
    K.  C.  JONES,  DAVID  COWENS,  JOHN  M.                         )
    MORAN,  JOSEPH  G.  MALONEY,  THOMAS                             >
    F.  COLLINS,       III,  GEORGE  E.  MONTILIO,                   )
    KPMG  PEAT  MARWICK,                 LLP,                        >
                      Third-Party       Defendants.                  >
                                                                     >
    
    
    
               Now  comes  Third-Party          Plaintiff,  Carol  Sawyer  Parks  (hereinafter    
    
    SNIPPETS:
  • a matter of course amends her Third-Party Complaint by deleting it in its entirety and
  • Massachusetts and, from May 21, 1987 through July 27, 1990, served as a Director of the
  • Olympic International Bank & Trust,Co. (hereinafter "Olympic").
  • K. C. Jones became a
  • Director of Olympic in or about March 1985 and served in that capacity until in or about
  • The claim against Jones arises out of his conducting business in Massachusetts as
  • in Massachusetts as a Director of Olympic during said time period.
  • John M. Moran is a resident of Massachusetts and
  • served in the capacity of Director of Olympic from the inception of Olympic until his
  • 1991 according to the allegation in the Complaint.
  • Olympic until his resignation on October 17, 1991 according to the allegation in the
  • and the Third-Party Plaintiff is informed and believes that he served as a Director of
  • Olympic, however, his dates of service are unknown at this time.
  • Parks realleges and incorporates herein by reference the allegations
  • upon the allegations contained in the original Complaint filed in the United States
  • and others for alleged acts of negligence, gross negligence, breach of fiduciary duty and
  • Although Parks has denied and does deny any responsibility for damages to
  • addition to being entitled to recover from the cross-defendants as alleged in the crossaction
  • As to the Third-Party Director Defendants, all said Defendants, as
  • Defendant Directors are liable for the very same breaches of duty and contract and,
  • contained in paragraphs 1 - 13 above.
  • As to the Third-Party Defendants Moran and Maloney,
  • in the Complaint and, as a result of said loans, Olympic was caused to suffer a loss.
  • Parks reasonably relied on KPMG to perform its

  • 12 . DEF MEM OF MOTION FOR SUMMARY JUDGMENT

    EXTRACTED KEY WORDS
    DEFENDANTS
    LOANS
    KPMG
    AMOUNT
    SUMMARY JUDGMENT
    COURT
    BANK
    DIRECTORS
    LOSSES
    UNALLOCATED SETTLEMENT
    STATUTE
    TORTFEASOR
    DAMAGES
    ALLOCATION
    SETTLEMENT AGREEMENT
    LIABILITY
    JOINT TORTFEASOR
    KPMG PEAT MARWICK
    PLAINTIFF
    NON-SETTLING DEFENDANTS
    REGULATION
    FAILED FINANCIAL INSTITUTION
    SETTLEMENT VASTLY EXCEEDS
    INTERNATIONAL BANK
    FORMER DIRECTORS
    REDUCTION
    PRIOR UNALLOCATED SETTLEMENT
    CONSIDERATION PAID
    FINANCIAL INSTITUTION
    
                                                                                                       
                                       UNITED  STATES  DISTRICT               COURT
                                        DISTRICT           OF  MASSACHUSETTS
    
    FEDERAL           DEPOSIT  INSURANCE                     )
    CORPORATION,              as liquidating     agent       )
    and  receiver  of  the  Olympic                          )
    International      Bank  &  Trust  Company,              )
                                                             1        CIVIL  ACTION
                       Plaintiff,                            )        No.  95-11332-EFH
                                                             1
    V.                                                       1
    
                                                             1
    ROBERT  ABRAMS  &  others,                               1
                                                             1
                       Defendants.                           1
                                                             )
    
                       DEFENDANTS'          MEMORANDUM                OF  LAW  IN  SUPPORT  OF
                                THEIR  MOTION              FOR  SUMMARY  JUDGMENT
    
                                                           Introduction
    
             In  this  case, the  FDIC  seeks to hold  the  Defendants,  the  former  directors  of 
    
    International  Bank  &  Trust  Company,  personally  liable  for  approximately  $10  million  in 
    
    that the  Bank  incurred  on  certain  loans.  The  FDIC  has, however,  already  collected 
    
    these  losses as part  of  its unallocated  global  settlement  of  $58.5  million  with  the 
    
    accountant,  KPMG  Peat Marwick.
    
             It  is undisputed  that  KPMG  Peat Mar-wick  is a joint  tortfeasor  with  the 
    
    losses alleged  by the  FDIC  in  this  matter.  Pursuant  to  M.G.L.  c. 23 lB,  5 4,
    
    version  of  the  Uniform  Contribution  Among  Joint  Tortfeasors  statute, the  Defendants  are 
    
    to  apply  the  full  amount  of  the unallocated  settlement  to  reduce  their  damages.  Because
    
    amount  of  the  settlement  vastly  exceeds the  alleged  damages  in  this  case, there  are no
    
    recoverable  damages  and  the  court  should  thus grant  summary  judgment.  While  this  issue 
    
    context  of  a global  settlement  is novel  in  this  district,  a review  of  decisions  from 
    
    jurisdictions  upon  which  the  defendants  rely,  demonstrates  that the  relief  prayed  for 
    
    SNIPPETS:
  • In this case, the FDIC seeks to hold the Defendants, the former directors of Olympic
  • International Bank & Trust Company, personally liable for approximately $10 million in losses
  • that the Bank incurred on certain loans.
  • accountant, KPMG Peat Marwick.
  • It is undisputed that KPMG Peat Mar-wick is a joint tortfeasor with the defendants for the
  • to apply the full amount of the unallocated settlement to reduce their damages.
  • amount of the settlement vastly exceeds the alleged damages in this case,
  • recoverable damages and the court should thus grant summary judgment.
  • Board Regulation 0, 12 CFR 8 215.4.
  • Under the terms of the Settlement Agreement, KPMG agreed to pay $186 million to the
  • `The Settlement Agreement released KPMG from "any Professional Liability Claims of any nature
  • A Failed Financial Institution was a "Federally Insured Depository Institution for which the.
  • FDIC was appointed receiver or conservator on or before April 4, 1994," and therefore
  • The applicability of this statute is not challenged in the present case.
  • stipulated by the release or covenant, or in the amount of the consideration paid for it,
  • mandates a full $5X.5 million reduction, that being both the "amount stipulated by the
  • $4of M.G.L. c. 23 1B to a situation where the plaintiff,
  • proceeds against non-settling defendants on one of those claims.
  • faced with such situations have uniformly refused to re-construct an allocation and have
  • the non-settling defendant's liability by the full amount of the prior unallocated settlement.

  • 15 . THIRD PARTY COMPLAINT

    EXTRACTED KEY WORDS
    INFORMATION SUFFICIENT
    PARAGRAPH
    TRUTH
    PARKS
    COMPLAINT
    ALLEGATIONS
    PLAINTIFF
    THIRD-PARTY
    HEREINAFTER
    MASSACHUSETTS
    BANK
    BREACH
    NEGLIGENCE
    RESIDENT
    JONES
    MALONEY
    MORAN
    DIRECTORS
    JUDGEMENT
    CONDUCTING BUSINESS
    CAPACITY
    DAVID
    COURT
    DEFENDANT DENIES
    LOANS
    LEGAL DUTIES
    AMOUNT
    CROSS-DEFENDANTS
    RECOVER
    
                               UNITED  STATES  DISTR  ICT  COURT
                                 DISTRICT  OF  MASSA  XCJSETTS
    
    
                                                                         ,,,      ,F     *     .,
                                                                                                      3
    
                                                                          .,/     _I
    
    
    
    
    
    FEDERAL  DEPOSIT  INSURANCE                        1
    CORPORATION,      as Liquidating  Agent            1
    and Receiver  of  OLYMPIC  INTERNATIONAL           )
    BANK  &  TRUST  CO.,                               )
                                                       )     THIRD  PARTY  COMPLAINT
                                 Plaintiff,            )     NO.  95CV-11332  EFH
                                                       1
                 -against-                             )     (Jury  Trial  Claimed)
                                                       )
    ROBERT  ABRAMS,  FRANK  N.  CARDULLO,  )
    PETER  S. DONADIO,  JON  A.  LICHTER,              )
    JOHN  A.  MCKENZIE,        JOSEPH  A.  MILANO,     )
    VICTOR  A.  NICOLAZZO,        JR.,  WILLIAM        )
    O'BRIEN,  CAROL  SAWYER  PARKS,                    1
    DOMINIC  J.  SARACENO,  DAVID  SPIF,GEL,  )
    MICHAEL     TIERNEY,  GERALD  R.  WALSH,           )
    
                                  Defendants.
    
                                                       1
    CAROL  SAWYER  PARKS,                              1
                                                       1
                 Third-Party  Plaintiff,               1
                                                       )
                 -against-                             )
                                                       1
    K.  C.  JONES,  DAVID  COWANS,  JOHN  M.           )
    MORAN,  JOSEPH  G.  MALONEY,  THOMAS  )
    F.  COLLINS,  III,  GEORGE  E.  MONTILLIO,         )
                                                       1
                 Third-Party  Defendants.              1
    
    
                                                  COUNT  I
                                                   Parties
    
    
    SNIPPETS:
  • UNITED STATES DISTR ICT COURT
  • DOMINIC J. SARACENO, DAVID SPIF,GEL,)
  • MORAN, JOSEPH G. MALONEY, THOMAS)
  • Third-Party Plaintiff, Carol Sawyer Parks sets forth her Third-Party Complaint against each
  • Parks is a resident of the City of Brookline, Commonwealth of Massachusetts
  • International Bank & Trust Co. (hereinafter "Olympic").
  • K. C. Jones became a
  • Director of Olympic in or about March 1985 and served in that capacity until in or about
  • The claim against Jones arises out of his conducting business in Massachusetts as a
  • John M. Moran is a resident of Massachusetts and served
  • the allegations contained in the original Complaint filed in the United States District Court
  • Olympic and claims against the Third-Party Plaintiff and others for alleged acts of
  • breach of fiduciary duty and breach of contract which allegedly resulted in
  • against the cross-defendants, Parks is further entitled to recover from the Third-Party
  • Defendants for the full amount of any judgment and/or contribution towards satisfaction of any
  • As to the Third-Party Director Defendants, all said Defendants, as Directors,
  • Defendant Directors are liable for the very same breaches of duty and contract and, as such,
  • negligent and in breach of their legal duties and contracts and that,
  • Complaint and, as a result of said loans, Olympic was caused to suffer a loss.
  • Paragraph 1 appears to contain a preliminary statement setting forth the purpose
  • form a belief as to the truth of the remaining allegations.
  • The Defendant is without knowledge or information sufficient to form a belief
  • The Defendant denies the allegations contained in Paragraph 18.

  • 16 . ANSWER OF WALSH

    EXTRACTED KEY WORDS
    COMPLAINT
    DENY
    ADMIT
    ESQ
    SIR/MADAM
    SPEAKS
    MATTER
    DEFENDANTS
    SUSAN BEDFORD
    FITZHUGH
    DONADIO MICHAEL
    PETER
    RRBI
    ATTENTION
    MASSACHUSETTS
    BOSTON
    COURT HOUSE
    POST OFFICE
    CLERK
    JURY
    LIMITATIONS
    WALSH
    ENCLOSURE
    ERR/RBZ
    ROBERT
    
      .*
    r  ?
     ,I
     _
     /'
    /'
    ,.`.
    ;,'
     w
    <'                                              UNITED        STATES  DISTRICT                 
                                                      DISTRICT             OF  MASSACHUSETTS
    
    
       FEDERAL  DEPOSIT                        INSURANCE  CORP..,                      )               
    
                     Plaintiff                                                                         
    
                                                                                                       
                                                                                       !
       V.
    
       ROBERT  ABR?MS,  et  al.,
                     Defendants
    
    
                                             ANSWER  OF  DEFENDANT  GERALD  R.  WALSH
    
                     The  defendant                  Gerald           R.  Walsh         (V7alsh~v)     
    
       Complaint                   as  follows:
    
                          1.       Walsh       states        that       the  Complaint                
    
                          2.       Denied.
    
                          3.       Walsh       states        that        I'Regulation             0" 
    
                          4.       Walsh       is  without             knowledge             sufficient
    
       the          allegations                contained              in  Paragraph              4  of 
    
                          5.       Walsh       does  not  contest                   subject        
    
           this      matter.
    
                          6.       Admitted.
    
                          7.       Walsh       admits        that        the  FDIC  is  a  corporation 
    
    
    SNIPPETS:
  • ROBERT ABR?MS, et al.,
  • Defendants
  • of the Complaint.
  • speaks for itself.
  • Dear Sir/Madam:
  • ERR/rbz
  • Enclosure
  • R. WALSH,
  • paragraph.
  • Admit.
  • Deny.
  • of Limitations.
  • DEFENDANT DEMANDS A TRIAL BY JURY ON ALL COUNTS.
  • Clerk' Office
  • U.S. Post Office & Court House
  • Boston, Massachusetts 02109-4583
  • Thank you for your attention to this matter.
  • RRBI
  • Peter S. Donadio Michael A. Fitzhugh,
  • Susan Bedford, Esq.

  • 17 . ANSWER OF SPEIGEL

    EXTRACTED KEY WORDS
    ENCLOSURE
    MR/JAM
    SIR/MADAM
    LEWIS
    SHSJMAN
    ARONSON
    RAVECH
    LAW
    CONSTITUTION
    COUNSEL
    LIMITATIONS
    MORAN
    DEFENDANTS
    
                                       UNITED      STATES  DISTRICT               COURT
                                         DISTRICT         OF  MASSACHUSETTS
    
    
    
    
    FEDERAL  DEPOSIT                INSURANCE
    CORPORATION,            as  Liquidating              Agent
    and  Receiver           of  OLYMPIC                              i
    INTERNATIONAL             BANK  h  TRUST  CO.,
                      Plaintiff                                      ;
    
    V.                                                               ;          CIVIL       ACTION
                                                                                NO.       
    ROBERT  ABRAMS,  et  al,                                         ;
                      Defendants
    
    
    
    
                   ANSWER  AND  CROSS-CLAIM                    OF  DEFENDANT,             DAVID  SPIEGEL
    
    
           Defendant,                David        Spiegel,         hereby           answers           
    
    paragraphs          of  the  Complaint               as  follows:
    
                                               PRELIMINARY         STATEMENT
    
           1.         Paragraph          1  purports           to  be  a  general            
    
    charges         outlined          in  the       Complaint              and  therefore            no
    
    pleading        is  required.
    
           2.         Denied.
    
           3.         This  paragraph             states        conclusions               of  law  as 
    
    responsive         pleading         is  required.
    
           4.         Denied.
    
                                           JURISDICTION            AND  VENUE
    
           5.         This  paragraph             states        conclusions               of  law  as 
    
    responsive         pleading         is  required.
    
    
    SNIPPETS:
  • Defendants
  • this paragraph.
  • The Moran Line
  • limitations.
  • counsel.
  • Constitution.
  • law.
  • RAVECH, ARONSON, SHSJMAN & LEWIS, P.C.
  • Dear Sir/Madam:
  • MR/jam Enclosure

  • 18 . COMPLAINT

    EXTRACTED KEY WORDS
    DEFENDANTS
    LOANS
    SARACENO
    MASSACHUSETTS
    TIERNEY
    DIRECTORS
    TRUST
    SPIEGEL
    CREDIT
    REGULATION
    AMOUNT
    COMPLAINT
    LENDING
    INSIDER
    LOAN POLICY
    ROE
    SOUND BANKING
    SAWYER PARKS
    PLAINTIFF
    LIQUIDATING
    EXAMINERS
    PRINCIPLES
    CONCENTRATIONS
    REGULATORS
    RECEIVER
    INSURANCE
    FEDERAL DEPOSIT
    VIOLATIONS
    EXAMINATION
    
           .-
    
                                         II       .
                                                             _      .,.
    
                  L-     _       ..'
                                     _.     -."
    i'
                                                             ,,
                         `..                      1
        ,.:,--              ",
                                 5% :-:  ..+
                   \. .
    
                                                                                               UNITED  
    URT
                                                                                                
                   ,,.;<>
    
                            I,              ';.`,  :-  i :I  -.
    
                   ,:.  *- -
                                                ----------------------------------------~
    
                                                FEDERAL  DEPOSIT                        INSURANCE 
                                                as  Liquidating                       Agent         and
                                                OLYMPIC           INTERNATIONAL                     
    
        JURY  TRIAL
                                                                                                       
        DEMANDED
    
                                                                                      -against-        
        Civil                          Action                      No.
    
                                                                                                       
                                                ROBERT  ABRAMS,  FRANK  N.  CARDULLO,
                                                PETER  S.  DONADIO,                            JON  A. 
                                                JOHN  A.  MCKENZIE,                            JOSEPH 
                                                VICTOR          A.  NICOLAZZO,                     
                                                O'BRIEN,             CAROL  SAWYER  PARKS,
                                                DOMINIC            J.  SARACENO,  DAVID  SPIEGEL,
                                                MICHAEL           TIERNEY,                    GERALD 
    
                                                                                                       
    
    
    
    
    
    SNIPPETS:
  • DISTRICT OF MASSACHUSETTS
  • FEDERAL DEPOSIT
  • INSURANCE CORPOitATION,
  • Agent and Receiver
  • BANK & TRUST CO.
  • Plaintiff,
  • O'BRIEN, CAROL SAWYER PARKS,
  • DOMINIC J. SARACENO, DAVID SPIEGEL,
  • MICHAEL TIERNEY,
  • "FDIC") states its complaint against
  • the defendants,
  • as the liquidating
  • or "directors")
  • Reserve Board's Regulation
  • the Bank's own loan policy
  • of safe and sound banking.
  • things, that most loans
  • tlInsider Lending Proves Dangerous:
  • would issue a report of examination
  • violations of laws and regulations.
  • The regulators
  • (the VIJuly 26, 1985 ROE"),
  • of credit to directors,
  • cited by the examiners
  • Bank's concentrations
  • banking principles,

  • 19 . CIVIL COVER SHEET

    EXTRACTED KEY WORDS
    PERSONAS
    PLAINTIFF
    COURT
    LAND
    DEFENDANT
    CIVIL
    LABOR
    USC
    LIABILITY
    PERSONAL INJURY
    DAMAGE
    GOVERNMENT
    SHEET
    DEMAND
    DISTRICT
    RIGHTS
    MARINE
    STATUTES
    CIWL
    FOREIGN
    CITIZENSHIP
    BUSINESS
    PTF DEF
    PARTY
    BOSTON
    FITZHUGH
    LAND CONDEMNATION
    RESIDENCE
    MICHAEL
    
    JS4-4
    (Rev.  07/89)                                                                                      
    VER  SHEET
    
    The  JS44        civil  cover       sheet  and  the  information                                   
        nor  supplement            the  filing  and  service  of                                       
    v  law,  excepf  as provided                           bv  local
    rules  of  court.  This  form,  approved`                   by  rhe  Judicial           Conference 
     in  Sepren  Ibe;  1974,  is  r&ired                                for  rhe  WC  oj  the  Clerk 
               of  initiating               the  civil  docket
    sheet.  fsE5  INSTRUCTIONS                         ON  THE  REVERSE                    OF  THE 
    
    I  (a)  PLAINTIFFS
                                       DEFENDANTS
    
                                       Robert                       Abrams,                            
                              Peter                         S.
     Federal                     Deposit                        Insurance                           
            :as                        Donadio,                             Jon-  A.'  Richter,        
    Kenzie,
     Liquidating                                  Agent              and  Receiver                     
                                       Joseph                       A.  MiTano,                        
    o,                                               Jr.,
     International                                      Bank               &  Trust                    
                                       William                             O'Brien,                    
            Parks,                            David
    
                                       Spiegel,                             Michael                    
                             R.  Walsh
    
    
                                                                         Florid-
    
                                       COUNTY                 OF  RESIDENCE                       OF 
                    Eoca                 Raton                   `
    W  COUNTY  OF  RESIDENCE  OF  FIRST  LISTED  PLAINTIFF  Suffolk
                                                 fEXCEPT          IN  U.S.  PLAINTIFF                  
                                                                                                (IN 
    NLY)
    
                                       NOTE:             IN  LAND           CONDEMNATION               
                               OF  THE
    
                                                         TRACT  OF  LAND                        
    
    
    
    (C)       ATTORNEYS                 (FIRM       NAME,         ADDRESS,                 AND 
     Michael                     A.  Fitzhugh
    
    SNIPPETS:
  • The JS44 civil cover sheet and the information
  • bv local rules of court.
  • ` W COUNTY OF RESIDENCE OF FIRST LISTED PLAINTIFF Suffolk
  • NOTE: IN LAND CONDEMNATION
  • NUMBER) Michael
  • R. Jimenez Fitzhugh
  • & Associates One Boston
  • Cases Only) &I U.S. Government
  • PTF DEF
  • In This State Defendant
  • (Indicate Citizenship
  • Foreign Country
  • QTJjER STATUTES 0 110 InSulance
  • PERSONAL INJURY
  • Reapportionment 0 130 Miller Act
  • q 362 personas Injury-
  • Liability
  • Properly 21 USC 881
  • PROPERTY RIGHTS
  • L3 340 Marine
  • 710 Fair Labor Standards
  • Property Damage
  • ,U 694 Energy Allocatmn Act q 210 Land Condemnation
  • USC 7609 Party
  • 440 Other Ciwl Rights
  • Appeal to District
  • JURY DEMAND:
  •    |