Taylor et al v. ANB Bancshares, Inc. et al

Filing 146

ORDER PRELIMINARILY APPROVING 142 Motion for Settlement; ( Final Approval and Fairness Hearing set for 10/26/2011 10:00 AM in Fort Smith -- 1st flr (Rm 1004) before Honorable Robert T. Dawson. All proceedings in the litigation, other than proceedin gs pursuant to the Settlement, shall be stayed. September 19, 2011 Bench Trial is Canceled. Signed by Honorable Robert T. Dawson on July 14, 2011. (Attachments: # 1 Exhibit 1 Notice of Pendency and Settlement of Class Action Lawsuit, # 2 Exhibit 2 Court-Ordered Legal Notice) (src)

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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF ARKANSAS
Case No. 08-5170
JAN TAYLOR, CARLA C. CROSSWHITE,
and LAURA T. GODSEY, individually and
on behalf of a class of all other persons
similarly situated and on behalf of the ANB
Financial, N.A. Employee Stock Ownership
Plan,

HONORABLE ROBERT T. DAWSON

Plaintiffs,
v.
ANB BANCSHARES, INC.; DANIEL
DYKEMA; HARRY BROWN; GREGREY
D. LANDIS; DEBRA JACKSON; ERIC
BROWN, BLAKE EVANS, and VIC
EVANS,
Defendants.

NOTICE OF PENDENCY AND SETTLEMENT OF CLASS
ACTION LAWSUIT
A federal court ordered this notice. This is not a solicitation from a
lawyer. You have not been sued.
IF YOU WERE A PARTICIPANT IN THE ANB FINANCIAL, N.A. (“ANB”)
EMPLOYEE STOCK OWNERSHIP PLAN FROM JULY 1, 2005, TO MAY
9, 2008, YOUR RIGHTS MAY BE AFFECTED BY THE SETTLEMENT OF
A CLASS ACTION LAWSUIT. PLEASE READ THIS NOTICE
CAREFULLY.
This Notice is intended to inform you of the pendency and settlement of a lawsuit involving the
ANB Financial, N.A. Employee Stock Ownership Plan (“the Plan”). This Lawsuit is about
whether the Defendants improperly invested and/or maintained the investments of the Plan in
ANB stock up to its termination in May 2008. Three former Plan Participants, Jan Taylor, Carla
C. Crosswhite, and Laura T. Godsey (the “Named Plaintiffs”), have sued defendants ANB
Bancshares, Daniel Dykema, Harry Brown, Gregrey D. Landis, Debra Jackson, Eric Brown,
Blake Evans, and Vic Evans (“Defendants”), on behalf of all individuals who participated in the
Plan between July 1, 2005, to May 9, 2008 (the “Class period”). A federal judge has certified
this lawsuit as a class action.

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The Court has preliminarily approved a proposed settlement of the Lawsuit brought under the
Employee Retirement Income Security Act (often referred to as “ERISA”) (the “Settlement”).
The Settlement will provide for a payment in the amount of $2 million that will be allocated
among the members of the Class, after payment of attorneys’ fees, costs, incentive payments to
the class representatives, and the settlement administrator’s fees.
The Court has scheduled a hearing on final approval of the Settlement and on the Named
Plaintiffs’ motion for attorneys’ fees and expenses and for compensation to the Named Plaintiffs.
The hearing, before United States District Judge Robert T. Dawson, has been scheduled for
________________________ at the United States District Court for the Western District of
Arkansas, Judge Isaac C. Parker Federal Building, 30 South 6th Street, Fort Smith, Arkansas
72901, in the courtroom assigned to Judge Dawson.
Any objections to the Settlement or to the motion for attorneys’ fees and expenses and
compensation to the Named Plaintiffs, must be sent in writing to the Clerk of the Court and to
the Settlement Administrator, who are identified in Section 12 of this Notice. The procedure for
objecting is described in Section 12.
PLEASE READ THIS NOTICE CAREFULLY AND COMPLETELY. IF YOU ARE A
MEMBER OF THE CLASS TO WHOM THIS NOTICE IS ADDRESSED, THE
SETTLEMENT WILL AFFECT YOUR RIGHTS. YOU ARE NOT BEING SUED IN
THIS MATTER. YOU DO NOT HAVE TO APPEAR IN COURT, AND YOU DO NOT
HAVE TO HIRE AN ATTORNEY IN THIS CASE. IF YOU ARE IN FAVOR OF THE
SETTLEMENT, YOU DO NOT NEED TO DO ANYTHING. IF YOU DISAPPROVE,
YOU MAY OBJECT TO THE SETTLEMENT BY FOLLOWING THE PROCEDURE
DESCRIBED BELOW.

YOUR LEGAL RIGHTS AND OPTIONS IN THIS SETTLEMENT
YOU CAN DO
NOTHING.

YOU CAN OBJECT
(BY _____________)

YOU CAN GO TO A
HEARING
(TO BE HELD ON
_________________)

If the Settlement is approved by the Court and you are a member of
the Class, then the portion, if any, of the Net Settlement Fund to be
allocated to your Plan account will be calculated as part of the
implementation of the Settlement as described in Section 9 below.
If you wish to object to any part of the Settlement, you may (as
discussed below) write to the Court and the Settlement Administrator
about why you do not like the Settlement. There are specific
deadlines by which you must object to the Settlement, as described in
Section 12 below.
If you have submitted a written objection to the Settlement to the
Court and Settlement Administrator, you may (but do not have to)
attend the Court hearing about the Settlement and present your
objections to the Court. You may attend the hearing even if you do
not file a written objection, but you will only be allowed to speak at
the hearing if you file written comments in advance of the hearing,
except by leave of the Court.

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

These rights and options – and the deadlines to exercise them – are explained in this
Notice.



The Court in charge of this case still has to decide whether to approve the Settlement.
Payments will be made only if the Court approves the Settlement and that approval is upheld
in the event that anybody appeals from the Court’s approval.



Further information regarding the lawsuit and this notice may be obtained by contacting the
Settlement Administrator:
Nicholas L. Saakvitne
532 Colorado Avenue, Second Floor
Santa Monica, California 90401-2408



You may also obtain additional information on the website of Class Counsel:
lewisfeinberg.com, or by contacting Class Counsel:
Teresa S. Renaker
Andrew Lah
LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.
476 9th Street
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Donald B. Kendall
KENDALL DREWYOR LAW FIRM
3706 Pinnacle Hills Parkway #201
Rogers, AR 72758
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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WHAT THIS NOTICE CONTAINS
SECTION

DESCRIPTION

PAGE

1.

Why You Received This Notice

5

2.

Description Of The Lawsuit

5

3.

Who Is Affected By This Lawsuit

5

4.

How You May Be Affected By This Lawsuit

6

5.

Legal Represention

6

6.

The Case Has Been Aggressively Litigated

7

7.

Potential Outcome Of The Action

7

8.

Summary Of Settlement

8

9.

Your Share Of The Settlement

9

10.

Compensation For The Named Plaintiffs

10

11.

Payment Of Attorneys’ Fees

10

12.

Objecting To The Settlement Or The Attorneys’ Fees

10

13.

The Court’s Fairness Hearing

11

14.

Further Information

11

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1. WHY YOU RECEIVED THIS NOTICE
You received this notice because Plan records indicate that you were a participant in or
beneficiary of the Plan at any time from July 1, 2005, through May 9, 2008. The Court caused
this Notice to be sent to you because, if you fall within that group, you have a right to know
about the Lawsuit, the Settlement, and all of your options before the Court decides whether to
approve the Settlement. If the Court approves the Settlement, the net amount of the Settlement
Fund will be allocated among eligible Class Members by the Settlement Administrator. This
Notice describes the Lawsuit, the Settlement, your legal rights, what benefits are available, who
is eligible for them, and how to get them.
2.

DESCRIPTION OF THE LAWSUIT

The Plaintiffs filed this lawsuit on July 29, 2008 (the “Lawsuit”). This case stems from the
investment of assets of the Plan in stock of ANB Bancshares, Inc., the bank holding company for
ANB Financial, N.A. (the “Bank”). The Bank was taken over by federal government regulators
on May 9, 2008, and as a result of the Bank’s failure, ANB stock became worthless. This
lawsuit is about whether the Defendants acted improperly in investing Plan assets in ANB stock
during the Class period.
Plaintiffs claim that these Defendants, each of whom is alleged to have served as a fiduciary of
the Plan, breached their duties of loyalty and prudence under ERISA by continuing Plan
investments in ANB stock when the stock was an imprudent investment, and by misrepresenting
and failing to disclose to plan participants material information concerning the Plan’s investment
in ANB stock. Plaintiffs asked the Court to order the Defendants to restore the losses to the Plan
that Plaintiffs allege resulted from Defendants’ breaches of fiduciary duty.
Defendants deny any and all wrongdoing and maintain that the ANB stock was never
"imprudent" and its demise was caused by the unforeseeable global economic collapse. The
Defendants deny that they have liability to the Plan or its participants or beneficiaries.
Defendants have raised numerous defenses to liability, including that there was no market on
which to sell the ANB stock, even if it was "imprudent" to hold, that they fully discharged all
fiduciary duties imposed on them by ERISA and that the Plan’s investments were at all times
prudent.
The Court has not yet determined which side is correct.
This is a class action lawsuit, where the Named Plaintiffs have sued on behalf of people who
have similar claims. All of the individuals on whose behalf the Named Plaintiffs are suing are
“Class Members.” One court will resolve the issues for all Class Members. The lawsuit is
pending in the District Court for the Western District of Arkansas before U.S. District Judge
Robert T. Dawson. In an order dated Order dated November 4, 2010, the Court certified a class
on Plaintiffs’ claims. Copies of the Complaint, Order Granting Class Certification and other
documents filed in the Lawsuit are available at www.lewisfeinberg.com.
3.

WHO IS AFFECTED BY THIS LAWSUIT

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On November 4, 2010, the Court certified the following class (“the Class”):
All participants in the ANB Financial, N.A. Employee Stock
Ownership Plan (“the Plan”) for whose individual accounts the
Plan held shares of stock of ANB Bancshares, Inc., at any time
from July 1, 2005, through May 9, 2008. Excluded from the
Class are the individual defendants, officers and directors of
the corporate defendants, members of their immediate
families, and the beneficiaries, heirs, successors, or assigns of
any of the foregoing.
Any individual who is a member of the Class will be affected by this lawsuit.
4.

HOW YOU MAY BE AFFECTED BY THIS LAWSUIT

You have been sent this notice because you may be a member of the class described above. If
so, the outcome of the case will affect your rights with respect to your benefits under the Plan.
As a member of the class, you are automatically included as a plaintiff in these claims and do not
have the right to withdraw yourself from this litigation. You will be bound by any judgment
made by the Court, whether favorable or unfavorable to you.
You do not need to do anything in order to be a class member in this lawsuit. You do not need to
affirmatively state your intent to participate, nor can you exclude yourself from the litigation.
5.

LEGAL REPRESENTATION

The Court has determined that the interests of the members of the Class will be represented by
Plaintiffs Taylor, Crosswhite, and Godsey through their attorneys, as counsel for the Class.
Because the Court has approved these attorneys as Class Counsel, and because this is a
mandatory class, you do not have the right to change counsel for the class.
Attorneys for Plaintiffs and the Class are:
Teresa S. Renaker
Andrew Lah
LEWIS, FEINBERG, LEE, RENAKER & JACKSON, P.C.
476 9th Street
Oakland, CA 94607
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
Website: www.lewisfeinberg.com
Donald B. Kendall
KENDALL DREWYOR LAW FIRM
3706 Pinnacle Hills Parkway #201
Rogers, AR 72758
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Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Class members may enter appearances in this lawsuit. However, class members are responsible
for compensating any attorney that they hire for this purpose and will not receive any
reimbursement from Plaintiffs or the Class.
6.

THE CASE HAS BEEN AGGRESSIVELY LITIGATED

The Lawsuit was filed in July of 2008. The parties have engaged in extensive discovery,
exchanged thousands of pages of documents, and deposed the Named Plaintiffs. While
discovery was still ongoing, the Defendants sought to have the case against them dismissed in its
entirety. The Plaintiffs aggressively defended against the Motion and extensively briefed the
issues before the Court. The Court ultimately denied the Defendants’ motion, with minor
exceptions.
The parties also extensively briefed the issue of class certification. On November 4, 2011, the
Court certified the case as a class action and appointed Plaintiffs’ lawyers as Class Counsel.
On November 8, 2011, all parties and their lawyers attended a full-day mediation in Rogers,
Arkansas, with a professional mediator, Layn Phillips, formerly a judge of the United States
District Court for the Western District of Oklahoma. The parties were unable to reach an
agreement on that date. However, the parties continued settlement efforts through Judge Phillips
following the mediation. This Settlement is the product of negotiations between Class Counsel
and defense counsel, with the assistance and participation of the professional mediator over a
period of several months. The mediation process included many telephonic discussions, a full
day of face-to-face meetings, and written correspondence.
7.

POTENTIAL OUTCOME OF THE ACTION

As with any litigated case, Plaintiffs would face an uncertain outcome if the Lawsuit were to
continue against the Defendants. Continued prosecution of the Lawsuit against these Defendants
could result in a judgment or verdict greater or lesser than the recovery under the Settlement, or
in no recovery at all. In this case, the uncertainty of recovery is particularly high because the
Defendants lack assets to pay a judgment. Defendants have submitted under penalty of perjury
written statements of net worth to Judge Phillips, who has reviewed these statements and
concluded that Defendants lack the financial resources to pay a judgment of the type sought in
this case. Defendants are covered by a fiduciary liability insurance policy with a coverage limit
of $4 million. The policy is a “wasting policy,” meaning that the legal costs of defending this
lawsuit erode the amount of insurance funds available to satisfy a judgment and significant
defense costs have already been incurred over the past three years. Had this case not settled, the
defense costs would likely have eroded the entire insurance policy limit of $4 million, and the
Plaintiffs would receive nothing, even if they were successful in winning a judgment.
Throughout this lawsuit, the Plaintiffs and the Defendants have disagreed on both liability and
damages, and they do not agree on the amount that would be recoverable even if the Plaintiffs
were to win the case.
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The Defendants have denied and continue to deny the claims and contentions alleged by the
Plaintiffs, that they are liable at all to the Class, and that the Class or the Plan has suffered any
damages for which the Defendants could be legally responsible. Nevertheless, the Defendants
have taken into account the uncertainty and risks inherent in any litigation, particularly in a
complex case such as this, as well as the costs of litigation, and have concluded that it is
desirable that the case be fully and finally settled as to them on the terms and conditions set forth
in the Settlement.
The Plaintiffs and their attorneys, including attorneys who are experienced in litigating ERISA
class actions, believe that they have strong claims against the Defendants. However, they
recognize that there is uncertainty and risk in any litigation In addition, they understand that
even if they win the case, they could recover for the Plan and its participants less than the
Settlement amount, and that any recovery could be delayed for as much as several years or even
voided by an appeal. As a result, the Plaintiffs and their attorneys have concluded that it is
desirable to settle the case on the terms set forth in the Settlement.
8.

SUMMARY OF SETTLEMENT

The following is a summary of the terms of the settlement:


A Settlement Fund consisting of $2 million in cash will be established.



If the Court approves the Settlement and no appeals are taken, or if the Court’s
approval is affirmed on appeal, then any Court-approved attorneys’ fees, costs,
compensation to the Named Plaintiffs, Settlement Administrator’s fees and costs,
and any fees and taxes, will be paid out of this fund. The remaining amount,
including interest (“Net Settlement Fund”) will be paid to the Plan. The amount
paid to the Plan will be allocated among members of the Class in accordance with
the Plan of Allocation based upon the vested balance in their employer stock fund
accounts on May 9, 2008. If you did not have a vested balance on May 9, 2008,
you will not receive an allocation from the Net Settlement Fund.



Nicholas L. Saakvitne, an experienced pension attorney and professional Trustee
with experience in administering terminated plans, will serve as the Settlement
Administrator. He will provide notice to class members; prepare tax forms, as
necessary; compute and distribute the Net Settlement Fund among Class
Members; provide distribution election forms and tax information to each Class
Member; respond to Class Member inquiries regarding distributions; and
complete tax reports of distributions. The cost of the administration of the
Settlement will come from the Settlement Fund. This cost is anticipated to be
$32,500.



In exchange for these things, the Named Plaintiffs and each of the Class Members
are deemed to fully release the “Released Persons” from the “Released Claims.”
The Released Persons are the Defendants and certain persons and entities
affiliated with Defendants, as defined in the Settlement. The Released Claims
generally include all claims that could have been asserted against the Defendants
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for their actions (or inaction) in relation to the Plan. By way of examples, the
Released Claims include claims based on (a) imprudent investment of Plan assets,
(b) improper investigation of Plan investments, (c) improper monitoring of Plan
investments, (d) plan communications, and (e) the Defendants' actions in relation
to administration of the Plan.
The above description of the operation of the Settlement is only a summary. The full terms and
conditions of the Settlement are contained in a Stipulation and Agreement of Compromise and
Settlement of Class Action (the “Settlement”). Capitalized terms used in this Notice, but not
defined in this Notice, have the meanings assigned to them in the Settlement. The governing
provisions are set forth in the Settlement (including its exhibits), which may be obtained at
www.lewisfeinberg.com, by contacting Class Counsel, or by contacting the Settlement
Administrator.
9.

YOUR SHARE OF THE SETTLEMENT

Your share of the Net Settlement Fund paid into the Plan will depend on your proportionate
share of Plan assets allocated to the Plan’s employer stock fund, excluding those assets allocated
to the accounts of persons excluded from the Class (such as Defendants), as of May 9, 2008.
Each Class Member’s proportionate share will be determined using a Plan of Allocation.
Because the Net Settlement Fund is less than the total investment losses alleged by the Class,
each Class Member’s proportionate recovery will be less than the amount of the Plan’s loss
attributable to his or her former employer stock fund account. Because Settlement Fund
distributions represent additional benefits under the Plan, it is anticipated that they will be
eligible for rollover to an individual retirement account or another employer’s qualified plan that
accepts rollovers.
You are not responsible for calculating the amount you may be entitled to receive under the
Settlement. This calculation will be done as part of the implementation of the Settlement. In
general, your proportionate share of the Net Settlement Fund will be calculated as follows:


Using the Plan’s records and other records as necessary, the Settlement Administrator
will identify each member of the Class.



The Settlement Administrator will use Plan records to determine the vested balance of
each Class Member’s employer stock fund account in the Plan on May 9, 2008.



Each Class Member with a vested balance as of May 9, 2008, will be assigned a Plan
Percentage, which shall be his or her account balance as a percentage of the employer
stock fund assets held by the entire Class as of May 9, 2008, under the calculation in the
previous step.



The Settlement Administrator will allocate to each Class Member a share of the Net
Settlement Fund multiplied by the Class Member’s Plan Percentage under the Plan.

Do not worry if you do not have records that show your account balances with the Plan.
If you are entitled to a share of the Net Settlement Fund, you will receive a statement showing
the amount of your share, together with paperwork to elect a form of distribution. If you have
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questions regarding the Settlement or the Plan of Allocation, please contact Class Counsel or the
Settlement Administrator.
10.

COMPENSATION FOR THE NAMED PLAINTIFFS

The three Named Plaintiffs who represent the Class in the Litigation will share in the allocation
of the money paid to the Plan on the same basis and to the same extent as all other members of
the Class, except that, in addition, the Named Plaintiffs may apply to the Court for compensation
up to $10,000 each, which includes reimbursement of their reasonable costs and expenses
directly relating to their representation of the Class, as well as compensation for the considerable
amount of time they have spent on the case. In particular, the Named Plaintiffs have gathered
documents, prepared for and given depositions, monitored Class Counsel’s work and consulted
with them on the progress of the Litigation, and participated in the mediation and subsequent
settlement negotiations. Any compensation awarded to the Named Plaintiffs by the Court will be
paid from the proceeds of the Settlement Fund.
11.

PAYMENT OF ATTORNEYS’ FEES

Class Counsel are being paid for their time on a contingency basis, which means that if there is
no recovery on the class claims, there will be no attorneys’ fees awarded and the attorneys will
not be paid for their time. If there is a recovery on one or more of the claims, Class Counsel will
receive attorneys’ fees as determined by the Court, which may be a part of any settlement
obtained or money judgment in favor of the members of the Class.
Class Counsel have applied to the Court for an order awarding to Class Counsel, from the
proceeds of the Settlement Fund, attorneys’ fees of 25% of the amount recovered in the
Settlement ($500,000.00), plus reimbursement of the expenses they have incurred to litigate the
case (approximately $50,000.00). The motion for attorneys’ fees is available on Class Counsel’s
website, www.lewisfeinberg.com.
You will not be charged directly by these attorneys. If you choose to be represented by your
own lawyer, you may hire one at your own expense.
12.

OBJECTING TO THE SETTLEMENT OR THE ATTORNEYS’ FEES

You can tell the Court that you do not agree with the Settlement or some part of it, including the
attorneys’ fees and expenses the attorneys intend to seek. If you are a Class Member, you can
object to the Settlement if you do not like any part of it. You can give reasons why you think the
Court should not approve it. To object, you must send a letter or other written statement saying
that you object to the Settlement of Taylor v. ANB Bancshares, Case No. CV 2008-5170. Be
sure to include your name, address, telephone number, signature, and a full explanation of all
reasons you object to the Settlement. Your written objection must be sent to the Clerk of the
Court and to the Settlement Administrator at the following addresses:
Settlement Administrator:
Nicholas L. Saakvitne
532 Colorado Avenue, Second Floor

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Santa Monica, California 90401-2408
and
Clerk of the United States District Court
John Paul Hammerschmidt Federal Building
35 East Mountain Street, Suite 510
Fayetteville, Arkansas 72701-5354
Your objection must be postmarked no later than __________________.
13.

THE COURT’S FAIRNESS HEARING

The Court will consider whether to approve the Settlement as fair, adequate, and reasonable (the
“Fairness Hearing”). The Fairness Hearing, before United States District Judge Robert T.
Dawson, has been scheduled for ________________________ at the United States District Court
for the Western District of Arkansas, Judge Isaac C. Parker Federal Building, 30 South 6th
Street, Fort Smith, Arkansas 72901, in the courtroom assigned to Judge Dawson.
You may attend the Fairness Hearing in person or through an attorney retained at your expense.
You do not have to attend the Fairness Hearing. If there are objections, the Court will consider
them. After the Fairness Hearing, the Court will decide whether to approve the Settlement. The
Court also will rule on the motions for attorneys’ fees and expenses and for compensation to the
Named Plaintiffs. We do not know how long after the Fairness Hearing the Court will issue its
decisions.
You do not have to attend the fairness hearing. Class Counsel will answer any questions Judge
Dawson may have. But you are welcome to come at your own expense. If you send an objection,
you do not have to come to Court to talk about it. As long as you mail your written objection on
time, it will be before the Court when the Court considers whether to approve the Settlement as
fair, adequate, and reasonable. You also may have your own lawyer attend the Fairness Hearing,
but such attendance is not necessary.
If you are a Class Member, you may ask the Court for permission to speak at the Fairness
Hearing. To do so, you must send a letter or other paper called a “Notice of Intention to Appear
at Fairness Hearing in Taylor v. ANB Bancshares, Case No. CV 08-5170. Be sure to include
your name, address, telephone number, and your signature. Your Notice of Intention to Appear
must be sent to the Settlement Administrator and the Clerk of the Court as the address listed in
paragraph 12, postmarked no later than ________________2011.
14.

FURTHER INFORMATION

Further information regarding the Lawsuit and this Notice may be obtained by contacting Class
Counsel:
Donald B. Kendall
KENDALL DREWYOR LAW FIRM
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3706 Pinnacle Hills Parkway #201
Rogers, AR 72758
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Teresa S. Renaker
Andrew Lah
Lewis, Feinberg, Lee, Renaker & Jackson, P.C.
476 9th Street
Oakland, CA 94607
Tel: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Or the Settlement Administrator:
Nicholas L. Saakvitne
532 Colorado Avenue, Second Floor
Santa Monica, California 90401-2408
THIS NOTICE AND ITS CONTENT HAS BEEN AUTHORIZED BY THE UNITED
STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF ARKANSAS, THE
HONORABLE ROBERT T. DAWSON, UNITED STATES DISTRICT COURT JUDGE.
THE COURT HAS MADE NO DECISION ABOUT THE MERITS OF THE CLAIMS OR
DEFENSES ASSERTED BY ANY PARTY IN THIS CASE.

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