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Case 1:99-cv-00440-SGB

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UNITED STATES COURT OF FEDERAL CLAIMS

ATK THIOKOL, INC., Plaintiff, v. UNITED STATES, Defendant.

) ) ) ) ) ) ) ) )

Docket No. 99-440C

Live Tape (The following transcript was transcribed from a digital recording provided by the United States Court of Federal Claims to Heritage Reporting Corporation on May 5, 2008.)

Pages: Place: Date:

1 through 6 Washington, D.C. April 2, 2008

HERITAGE REPORTING CORPORATION Official Reporters 1220 L Street, N.W., Suite 600 Washington, D.C. 20005-4018 (202) 628-4888 [email protected]

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1 UNITED STATES COURT OF FEDERAL CLAIMS ATK THIOKOL, INC., Plaintiff, v. UNITED STATES, Defendant. ) ) ) ) ) Docket No. 99-440C ) ) ) ) Wednesday, April 2, 2008 Live Tape (The following transcript was transcribed from a digital recording provided by the United States Court of Federal Claims to Heritage Reporting Corporation on May 5, 2008.) APPEARANCES: (Via Telephone)

On Behalf of Plaintiff: THOMAS A. LEMMER, Esquire McKenna Long & Aldridge, LLP 1875 Lawrence Street, Suite 200 Denver, Colorado 80202 (303) 634-4350 On Behalf of Defendant: ROBERT CHANDLER, Esquire U.S. Department of Justice

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2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CLERK: P R O C E E D I N G S (12:56 p.m.) Counsel, this is Joe Whitehead, We're going to go ahead and

Judge Braden's law clerk. get started.

This is being digitally recorded, so if

you could please state your name and the party you represent to start. Thank you. Yes. This is Thomas Lemmer

MR. LEMMER:

representing ATK Thiokol, Inc. MR. CHANDLER: This is Robert Chandler

representing the United states. THE COURT: Hi. It's Judge Braden. Where

are you guys in the settlement discussion? MR. CHANDLER: Your Honor, ATK has submitted

a written proposal for settlement to the government. It is under active consideration right now and has been for some time. Unfortunately, it's taking a

little bit longer than this process ordinarily takes because the settlement proposal was structured in such a way that it's going to require the approval of offices other than National Courts. So deciding on

that process and actually carrying out that process has sort of lengthened the time necessary to get this vetted. But again, there is under consideration an

active, actual settlement proposal at this point. Heritage Reporting Corporation (202) 628-4888

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: staff level? MR. CHANDLER: It's been forwarded with And it's been supported at the

recommendations at this point. THE COURT: To accept? I'm not sure I'm at liberty

MR. CHANDLER:

to say that, Your Honor, but it has been passed on. THE COURT: Well, I'm trying to get a sense

of how viable this proposal is. MR. CHANDLER: Oh, it is definitely still

alive and is under active consideration at this point. It's definitely a viable offer at this point. THE COURT: What's your prognosis? I'm hoping that we'll have a

MR. CHANDLER:

decision in the next couple of weeks, and I'm hopeful that it's going to be signed off on. Again, I can't

commit my superiors and really hazard a guess as to how they're going to come down on it, but as I said, I am hopeful that we will be able to obtain a settlement out of this. THE COURT: counsel have anything? MR. LEMMER: No, Your Honor. Obviously ATK All right. Does Plaintiff's

is anxious to determine whether the settlement agreement is going to be signed or not signed so we Heritage Reporting Corporation (202) 628-4888

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4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 we do? involved? MR. CHANDLER: THE COURT: Primarily, yes. can move forward. THE COURT: MR. LEMMER: nothing to add. MR. CHANDLER: And I think we all agree, Right. But other than that, we have

Your Honor, that if we do end up reaching this settlement, it would dispose of all the remaining issues currently before the Court. THE COURT: Right. Now you've got to go to Is that what you're

agencies outside of Justice? saying? MR. CHANDLER:

No, it's all within Justice

but offices other than the National Courts office given the size and the structure of the settlement. THE COURT: Because of the amount of money

Do you have a head of the Civil

Division yet over there or you've got an acting guy? MR. CHANDLER: THE COURT: Mr. Buckhold is still acting. Well, what do you suggest

Okay.

Have a status conference about when? MR. CHANDLER: I would think that we

probably would know more within a month, surely sometime in early May. Heritage Reporting Corporation (202) 628-4888

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5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 very much. MR. CHANDLER: MR. LEMMER: Thank you, Your Honor. Thank you. THE COURT: what's May 15? on. (Pause.) THE COURT: 15th of May then. MR. CHANDLER: THE COURT: Okay then. We'll set something up on the Why don't we set it down for, Hold

Is that a real date in the week?

I'm going to be gone for two

weeks in June, but when I come back, if we don't have a settlement, I'm going to set a date to get the rest of this resolved. MR. CHANDLER: THE COURT: Understood. All right. Thank you

Okay?

(Whereupon, at 1:01 p.m., the hearing in the above-entitled matter was concluded.) // // // // // // // Heritage Reporting Corporation (202) 628-4888

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6 CERTIFICATE

DOCKET NO.: CASE TITLE: HEARING DATE:

99-440C ATK Thiokol, Inc. v. United States April 2, 2008

I certify that the foregoing is a true and correct transcript made to the best of our ability from a copy of the official electronic digital recording provided by the United States Court of Federal Claims in the above-entitled matter.

Date:

April 2, 2008

Lori Sherman Heritage Reporting Corporation Suite 600 1220 L Street, N.W. Washington, D.C. 20005-4018

Heritage Reporting Corporation (202) 628-4888