Free Motion for Reconsideration - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 346-6

Filed 05/02/2005

Page 1 of 4

UNITED STATES COURT OF FEDERAL CLAIMS
PRECISION PINE AND TIMBER,

Plaintiff, Docket UNITED STATES Defendant. No.: 98-720C

Pages: Place: Date:

1 through Washington, October

224 D.C

I, 2003

HERITAGE REPORTING CORPORATION
Official Reporters 1220 L Street, N.W., Suite 600 Washington, D.C. 20005-4018 (202) 628-4888 hrc@concentric, net

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Case 1:98-cv-00720-GWM

Document 346-6

Filed 05/02/2005

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IN

THE

UNITED

STATES

COURT

OF

FEDEN_AL

CLAIMS

PRECISION

PINE

AND

TIMBER,

Plaintiff, Docket UNITED STATES, Defendant. Courtroom 4, Room 501 ~ational Courts Building 717 Madison Street, N.W. Washington, D.C. 20005 Wednesday October I, 2003 The Court, at 3:05 parties p.m. HONORABLE EDWARD Chief Judge J. DAMICH met, pursuant to notice of the No.: 98-720C

BEFORE:

APPEARANCES: For the Plaintiff:

ALAN I. SALTMAN, Esquire RICHARD W. GOEKEN, Esquire DAVID J. CRAIG, Esquire Saltman & Stevens, P.C. 1801 K Street, N.W., Suite Washington, D.C. 20006 (202) 452-2140 For the Defendant:

M-If0

DAVID ALLEN HARRINGTON, Esquire U.S. Department of Justice Civil Division Commercial Litigation Branch ii00 L Street, N.W. Washington, D.C. 20530 (202) 307-0277 Heritage Reporting Corporation (202) 628-4888

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Case 1:98-cv-00720-GWM

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171 1 2 3 4 5 6 7 8 9 i0 II 12 13 a . I 15 16 17 18 19 2O 21 22 23 24 25 much, Ms. Your Honor. THE COURT: Jones. MS. JONES: THE MR. THE MR. Interrogatory COURT: Thank Okay. you, Your Honor. Okay. All right. Than]~s very another to leave know that made there my ruling, Interrogatory MR. MR. THE GOEKEN: COURT: you Okay. My have view not is, and that, indeed, is to so.

that

answered ask were out. Please do you some

responsively to please do

27,

and

I.would There flesh Okay.

GOEKEN: I can COURT:

assumptions

that THE MR. THE MR.

that.

HARRINGTON: COURT: Yes,

Your Mr. Ms. and

Honor? Harrington. Jones is going to to need let you

HARRINGTON: point,

at this she THE t[n~e,

I just

wanted out. to

is going COURT:

to be stepping Oh. Do want you want

recess Mr.

until

or do you

to continue,

Harrington? MR. HARRINGTON: I think we can continue,

Twenty-nine. Your Mr. Just Honor? Harrington. touching on lost-

HARRINGTON: COURT: Yes,

HARRINGTON: No. 27, this

is central

to the

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Case 1:98-cv-00720-GWM

Document 346-6

Filed 05/02/2005

Page 4 of 4

172 1 2 3 profits response contention And 5 that I would is, in claim. to our during like fact, fails claim, have I would motion, periods to suggest the case, note they that say in they their have brief no in

outside that, their

of the first

suspension. of all, if claim their

lost-profits to maintain need

necessarily 7 8 lost-profits what they

because they sold

in order do not the but

merely

to show the that sold

could

lumber they

for need

during to show have

period I0 ll 12 that

of the number after if is

suspension, higher than

what

they

could the they were

it for because harmed

the

suspension not the

or before case, then they

suspension haven't allowed And been to

that's

by the this have

suspension timber more a~ter

because the

14 15 16 17 18 19 2O 21 22 23 24 25

harvest would selling no lost

suspension. the

if they by are

made

money there

after are

suspension there off. argument is the

this

lumber,

no damages, better that says

profits THE

because COURT: the have You

they can

were make

at price

trial. that

All

that could MR.

interrogatory sold. My point answer

they

HARRINGTON:

is simply for the

that full

we

anticipated period

receiving -COURT:

a full

of time THE MR.

That's --

what that

it

says. asking for in

HARRINGTON:

we're

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