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Case 1:11-cv-00408-ABJ Document 88

Filed 03/07/12 Page 1 of 2

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

CIVIL ACTION

Case No. 11-408 (ABJ)

FDIC-CORPORATES REPLY IN SUPPORT OF AMENDED MOTION FOR PROTECTIVE ORDER Plaintiff has filed an opposition to the FDIC-Cs amended motion for protective order, and attaches an alternative proposed protective order that would eliminate any avenue for sealing of confidential records. The FDIC-C believes that Plaintiffs proposed revision would defeat the purpose of the protective order. Sealing may in fact be appropriate when confidential records are used in otherwise public filings, and the reasons for such sealing should be set forth in an accompanying Motion to Seal filed by Plaintiff or the FDIC-C. Additionally, Plaintiffs proposed protective order ignores the clear terms of the Courts February 24, 2012 order. The Court stated that it will enter an appropriate protective order that limits the distribution of FDIC materials and restricts their use to the instant litigation as provided in paragraphs 1, 2, 6, and 7 of FDICs proposed order. Plaintiffs proposed order, however, would allow the use of the confidential records in the above-captioned action or any related litigation. It is not clear what Plaintiff would

Case 1:11-cv-00408-ABJ Document 88

Filed 03/07/12 Page 2 of 2

deem related, but the FDIC-C believes that any such use of the FDICs confidential records outside this case should be separately considered, and requests that any protective order confine the use of those records to this case, as the Court stated in its order.1 For the foregoing reasons, the FDIC-C respectfully requests that the Court enter the protective order proposed by the FDIC-C on March 2, 2012. Respectfully submitted, COLLEEN J. BOLES Assistant General Counsel BARBARA SARSHIK Senior Counsel _____/s/__________________________ DUNCAN N. STEVENS D.C. Bar No. 473550 Counsel Federal Deposit Insurance Corporation 3501 N. Fairfax Drive, D-7028 Arlington, VA 22226 dstevens@fdic.gov (703) 562-2402 (phone) (703) 562-2477 (fax) dstevens@fdic.gov Attorney for Federal Deposit Insurance Corporation in its corporate capacity March 7, 2012

The FDIC-C notes that United Western Bancorp, Plaintiffs parent company, is a party to litigation that could involve legal issues overlapping with the issues in this case. See, e.g., Mutual Conversion Fund, L.P. v. United Western Bancorp, Inc. (D. Colo. 1:11-cv-00624) (filed March 11, 2011). Any use of the FDICs confidential records in that litigation, or any litigation other than the instant case, should be considered separately in the context of that matter.