FOR THE NORTHERN DISTRICT OF ILLINOIS
It is stipulated by and between the undersigned parties, by their respective attorneys, that:
1. True Temper Sports, Inc. ("True Temper"), successor in interest to defendant True Temper Corporation, will file a motion requesting that the Court terminate the Final Judgment entered by this Court on August 1, 1961 ("1961 Final Judgment") in the above-captioned matter. The United States tentatively has agreed to termination of the 1961 Final Judgment.
2. True Temper shall publish at its own expense a notice of the proposed termination, in the form attached hereto as Exhibit A, in (a) two consecutive issues of The Wall Street Journal and (2) two consecutive issues of Golf World. An Order, in the form attached hereto as Exhibit B, directing such publication, may be filed and entered by the Court forthwith, without any further notice to any party or any other proceedings.
3. The United States will publish in the Federal Register a notice, in the form attached hereto as Exhibit C, announcing the motion to terminate the 1961 Final Judgment and the United States' tentative consent to the motion, summarizing the Complaint and the 1961 Final Judgment, describing the procedures for inspection and obtaining copies of relevant papers, and inviting the submission of comments.
4. A period for public comment shall end sixty days after the last publication of the notices required by this Stipulation. Within a reasonable time after the conclusion of the sixty-day public comment period, the United States will file with the Court copies of all comments that it receives and its response to those comments.
5. An Order, a proposed form of which is attached hereto as Exhibit D, terminating the 1961 Final Judgment, may be filed and entered by the Court upon the request of any party, or by the Court sua sponte, at any time after the United States has filed with the Court any comments that it receives and any responses thereto and without further notice to any party or any other proceedings, provided that the United States has not withdrawn its tentative consent. The United States may withdraw its tentative consent at any time before the entry of an Order terminating the 1961 Final Judgment by filing a notice of withdrawal of its consent with the Court and serving a copy of said notice upon all other parties.
6. In the event the United States withdraws its consent, or if the proposed Order terminating the 1961 Final Judgment is not entered pursuant to this Stipulation, then this Stipulation shall be of no effect whatsoever; the making of this Stipulation shall be without prejudice to any party in this or any other proceeding; and the Stipulation shall not thereafter be used in this or any other action or for any other purpose.
Dated: April 15, 2008
Dated: April 8, 2008