Free Witness List - District Court of Federal Claims - federal

Case 1:00-cv-00705-FMA

Document 197

Filed 10/11/2007

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS THE BOEING COMPANY, Plaintiff, No. 00-705 C v. Judge Francis M. Allegra THE UNITED STATES, Defendant. DEFENDANT'S REVISED WITNESS LIST Pursuant to paragraph 6(b) of the Court's Order filed September 28, 2007, Defendant, the United States, hereby provides the following revised list of witnesses that may be called at trial for case-in-chief or rebuttal purposes. I. Witnesses Whom Defendant Expects to Present in Washington, DC A. Jerry W. Smelser NASA (retired), Huntsville, Alabama

Mr. Smelser was employed by NASA from 1960 through January 2004. Mr. Smelser has held various positions at NASA, including Deputy Manager, and later Project Manager, of the Space Shuttle External Tank project. Mr. Smelser is expected to testify to matters related to his responsibilities concerning the External Tank project, the configuration of an External Tank and the changes made to the External Tank since its inception. Estimated time needed for direct examination: 1 hour.

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Case 1:00-cv-00705-FMA

Document 197

Filed 10/11/2007

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B.

John C. Jarosz Managing Principal Analysis Group, Inc.

Mr. Jarosz will testify as an expert witness concerning his opinions regarding compensation in this case including those opinions pertaining to the calculation of a reasonable royalty and delay compensation, and concerning the opinions of Mr. Paul Meyer. Estimated time needed for direct examination: 8 hours. II. Witnesses Whom Defendant Expects to Present in New Orleans, Louisiana A. Robert J. Delpidio Lockheed Martin Space Systems, New Orleans, Louisiana

Mr. Delpidio is expected to testify regarding Lockheed Martin financial documents pertaining to the External Tank project, how the amounts shown in the DD-250s are calculated, the approximate percentage of the total materials and subcontract costs that are flight hardware costs, DD-250 forms pertaining to Super Lightweight External Tanks and Lockheed Martin's performance of the External Tank contracts. Estimated time needed for direct examination: 2 hours. B. Mark A. Rohlinger Lockheed Martin Space Systems, New Orleans, Louisiana

Mr. Rohlinger is expected to testify concerning his duties as procurement quality control representative for Lockheed Martin pertaining to materials used in the External Tank, and to discuss documents including those entitled "2195 Material per External Tank" [DX-13, Bates Nos. LM26175-LM26177] and "Limited Use Parts" [DX-14, Bates Nos. LM26178-LM26179]. Estimated time needed for direct examination: 1 hour.

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Case 1:00-cv-00705-FMA

Document 197

Filed 10/11/2007

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C.

Dow E. Manlove, Jr. Lockheed Martin Space Systems, New Orleans, Louisiana

Mr. Manlove is expected to testify concerning his duties as contract administrator at Lockheed Martin Space Systems and concerning the contracts pertaining to the materials for the External Tank project. Estimated time needed for direct examination: 1 hour. D. Lowell Howard, Jr. Lockheed Martin Space Systems, New Orleans, Louisiana

Mr. Howard is expected to testify regarding Lockheed Martin's performance of the contracts with NASA concerning the External Tank project and regarding Lockheed Martin's financial information pertaining to the External Tank project. Estimated time needed for direct examination: 1 hour. E. Joel A. LoBue Lockheed Martin Space Systems, New Orleans, Louisiana

Mr. LoBue is expected to testify concerning his duties as a subcontract manager at Lockheed Martin Space Systems and concerning the contracts pertaining to the materials for the External Tank project. Estimated time needed for direct examination: 1 hour. III. Witnesses Whom Defendant May Call in New Orleans, Louisiana, if the Need Arises A. Richard A. Schmidgall NASA, Houston, Texas

Mr. Schmidgall may be called to testify concerning the Space Shuttle including performance enhancements considered and/or implemented regarding the missions for the International Space Station. Estimated time needed for direct examination: ½ hour. -3-

Case 1:00-cv-00705-FMA

Document 197

Filed 10/11/2007

Page 4 of 4

B.

Mr. Donald A. Bolstad Lockheed Martin Space Systems (retired)

Prior to his retirement, Mr. Bolstad served as Manager, Material Sciences, for Lockheed Martin Space Systems. Mr. Bolstad may be called to testify concerning his job responsibilities at Lockheed Martin, the design and configuration of the External Tank, the materials used in the External Tank, and the processes performed on those materials. Estimated time needed for direct examination: 1 hour. C. Michael D. Combs Lockheed Martin Space Systems (retired)

Prior to his retirement, Mr. Combs served as Manager, Major Subcontracts, for Lockheed Martin Space Systems. Mr. Combs may be called to testify concerning his job responsibilities at Lockheed Martin and the subcontractors involved with the materials used in the external tanks. Estimated time needed for direct examination: 1 hour. Respectfully submitted, PETER D. KEISLER Assistant Attorney General JOHN FARGO Director

October 11, 2007

OF COUNSEL: GARY L. HAUSKEN Assistant Director Department of Justice

s/ Ken B. Barrett KEN B. BARRETT Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0343 Facsimile: (202) 307-0345 E-mail: [email protected] Attorneys for the United States -4-