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overall record do not support petitioner’s argument. See
discussion infra.
The FDIC and petitioner proceeded to mediation after the
filing of petitioner’s lawsuit. At trial in the present case,
petitioner testified that his dream of owning a radio station was
discussed during the mediation. However, neither petitioner nor
Mr. Simon testified that a claim of harm to business reputation
was discussed during the mediation. At trial in the present
case, the FDIC attorney could not remember the claims made by
petitioner during the mediation, but he did document petitioner’s
claims in a memorandum drafted after the mediation. Nowhere in
that memorandum did the FDIC attorney discuss that petitioner
alleged that his business reputation was harmed. On the
contrary, the memorandum concentrated on petitioner’s allegations
regarding his lost equity interest in Modern World and the
valuation of that ownership interest.
In documents filed with regard to motions to dismiss and for
summary judgment, the FDIC never contested or addressed a harm to
business reputation argument. In fact, petitioner filed a cross
motion for summary judgment in which he alleged that First City
Bank’s wrongful conduct caused him to lose his Modern World
stock.
During the final settlement discussions with Mr. Brown,
there were no discussions about petitioners’ alleged causes of
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