Page 21 - RICHERT V. WGA - JUDGE WEST JAN 10 2010

J8

I SU8}lIT THAT IF
1 WE WERE ASKED TO OO THE

2 THiNGS NOW IHAT DURING THE NEOOTIATIONS,
THEY WOULD HAVE

3 BROKE]I OOWI{ AND TITIGATED. IT WAS THAT CLOSE TO CALL.
IilE
4
-.
THOUGHT HE DO NOT THINK A LOT OF THE CLAIIIS, I.'E,D BE

IIAPPY TO GO IT -- t .-
THROUGH EXPLAINED THIS TO COUiISEL

o IT WAS IIOT A GOOD CASE FOR THE PLAI'{TIFFS. D,G.A,
I.IAS
lII
7 WILLII{G TO DO THESE THINGS TI{E I{AIIE OF TRAIISPARENCY
AND
I
THE 0F rT
I'lAtlE SETTLET ENT, BUT tltAS A COST oF DEFENSE
I
SETTLEIIENT, ULTIt'tATELy, THAT,s
AND t,Hy r{E'RE ARE LOATHE

10 NOW TO OPEN THE DOOR.

'11 NOW, HAD COUNSEL COI,IE IN AND RAISED OI{E
OF
12
TH€SE IIERIT SAID,
ISSUES AND "GUYS, CAII YOU }IORK I.'ITH I,IE

13 OtI THIS ONE THING? IT WON'T I.|UCH." I
COST YOU IIIG}ILY

14 DOUBT WE WOULD HAVE BEEN HERE, WE'RE BEING
ASKED TO DO

15 TIIINGS THAT I,'E'VE II{DICATED TO COUI{S€L AND TO THE
COURT
16
tloULD REoUIRE T0
US FUI|DATiIENTALLY REWRTTE SOFTWAR€ THAr

17 DRIVES THIS PROGRAiI, II,I
ViOULD RESULT EXPENSE AND BURDEN TO

J8 THE D. G.A.

19 NOW, THE FE}t THIIIIGS THAT coUI{sEL RAtsED,

20
LIKE THE
AGGREGATE OF AIIOUI{TS COI G TN AND OUT, THOSE

21 HAVE BEEN IN THE
REPORTS FOR,FIVE YEARS. THE CY PRES

22 IIOTIEY, hIE TOLD COUNSEL THAT UE SE
WOULD AGREEABLE TO

23 CONVEY THE AGGRECATE AI.IOUNTS OF CY PRES.

24
8UT THE OTHER ISSUES. WE SUBI'IIT ARE

25
INAPPROPRIATE. AND
OI,I TTIE LAST POINT ABOUT THE I,IOTION,

zo YOUR HONOR, THE REASONS TIIAT WE BELIEVE IT IS
APPROPRIATE
A
27 FOR T1OTION IO BE BROUGHT, IF WE CAN'T RESOLVE
TIIESE
28
THINGS, IS -. IT
BECAUSE DO THTNX IS IiIAPPROPRTATE, AND I

,-
KENyMA
D. D/qRDEN, csR
PHOTQ(X tPVNA OF ?:paNqaFt.'f Eb^utot*d d