Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 137-12

Filed 05/28/2008

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EXHIBIT J

Case 1:95-cv-00650-LSM

Document 137-12

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UNITED STATES COURT OF FEDERA CLAIMS
ALFRED ALOISI, et al.,
)

Plaintiffs,
v.

UNITED STATES OF AMERICA,
Defendant.

) ) ) ) ) ) ) )

No.

95-650L

Judge Lawrence S. Margolis

SUBPOENA DUCES TECUM
TO:

Myron Finelstein 9 Ronar Drive Apt. A, Mountain Lakes, NJ 07046-1417 Morrs County, New Jersey

YOU ARE COMMANDED to produce and permit inspection and copying of the following documents or
objects at the place, date, and time specified below (list documents or objects): See

Attchment.
DATE AN

PLACE

TIM

Via Overnight Delivery: Bruce K. Trauben ENRDINRS 601 D Street, NW, Room 3607 Washington, D.C. 20004 (Please call for FedEx Biling No.)
Or at another place, date and time to be agreed upon by the paries and the

To be produced by:

November 9, 2007

witness.

, Û r / L --/ ¡.A hM-nld¡,
ISSUIG OFFICER'S NAM. ADDRESS, AN PHONE NUER r Bruce K. Trauben, (202) 305-0238
STREET ADDRESS (TO BE USED FOR OVERNIGHT DELIVRY):
MAILING ADDRESS:

ISSUIG OFFICER'S SIGNATU AN TITLE (INICATE IF A TIORNY FOR PLAI OR DEFENDAN)

Attornev for Defendant C "", __ " ~

n~ r/~ 7 /~7Ar/,,/

Date:

11;;/07

Natual Resources Section

Natual Resources Section

Environment & Natural Resources Division United States Deparment of Justice 601 D Street, NW, Rm 3207 Washington, DC 20004

Environment & Natual Resources Division United States Department of Justice P.O. Box 663 Washington, DC 20044

NOTE - If the place of travel is more than 100 miles (by the shortest usual means of travel) from the place where the subpoena is served, or if the place of deposition is more than 100 miles from the place where the deponent resides. is employed or transacts business in person, the person served may regard the command as

Case 1:95-cv-00650-LSM

Document 137-12

Filed 05/28/2008

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optional unless there is attched to th subpoena an order of the Court requiring his/her appearance, notwthstanding the distance of travel. In any event, response to

the subpoena wil entitle the person to the fees and mileage allowed by law.

PROOF OF SERVICE
DATE:

PLACE:

SERVED:

SERVED ON (PRINT NAME):

MANNER OF SERVICE:

DECLARATION OF SERVICE: I declare under penally of perjury under the laws of the United States of Ameñca that the foregoing information contained in the Proof of Service is true and correct.
Executed on:
DATE

SIGNATURE OF SERVER

ADDRESS OF SERVER

Fees and mileage need not be tendered when the subpoena is issued on behalf of the United States or an offcer or agency

thereof.
RCFC45.
(c) PROTECTION OF PERSONS SUBJECT TO SUBPOENAS.

(1) A part or an attomey responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a
the subpoena was issued shall enforce this duty and impose upon the part or attomey in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attomey's fee.
person subject to that subpoena. The court on behalf of which

(2)(A) A person commanded to produce and permit inspection and copying of designated books, papers. documents or tangible things, or inspection of premises
need not appear in person at the place of production or inspection unless commanded to appear for deposition, heañng or triaL.

(8) Subject to paragraph (d)(2) of this rule, a person commanded to produce and permit inspection and copying may, within 14 days after service of the subpoena or before the time specified for compliance if such time is less than 14 days after service, serve upon the part or attomey designated in the subpoena written objection to inspection or copying of any or all of the designated materials or of the premises. If objecon is made, the part serving the subpoena shall not be entited to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpona was issued. If objection has been made, lhe part serving the subpoena may, upon notice to the person commanded to produce, move at any time for an order to compel the production. Such an order to compel

production shall prote any person who is not a part or an offcer of a part from significant expnse resulting frm the inspection and copying commanded.
(3)(A) On timely motion, the court by which a subpona was issued shall quash or modify the subpoena if it

(i) fails to allow reasonable lime for compliance;
to a (ii) requires a person who is not a part or an offcer of a part to travel place more than 100 miles from the place where that person resides, is employed or regularly transacts business in person, except that, subject to the provisions of clause (c)(3)(B)(iii) of this rule, such a person may in order to attend trial be commanded to travel from any such place within the state in which the trial is held, or

(iii) requires disclosure of pñvileged or other protected matter and no exception or waiver applies, or (iv) subjects a person to undue burden, (B) If a subpoena
(i) requires disclosure of a trade secret or other confidential research, development, or commercial information, or (ii) requires disclosure of an unretained expert's opinion or information not describing specific events or ocurrences in dispute and resulting from the expert's
study made not at the request of any part, or

(iii) requires a person who is not a part or an offcer of a part to incur substantial expense to travel more than 100 miles to attend lñal, the court may, to
or affected by the subpoena, quash or modify the subpoena or, if the part in whose behalf the subpoena is issued shows a substantial the person to whom the subpoena is addressed will be reasonably compensated, the court may order appearance or production only upon specified conditions.
need for the testimony or materjalthat cannot be otherwise met without undue hardship and assures that protect a person subject to

(d) DUTIES IN RESPONDING TO SUBPOENA.

(1) A person responding to a subpoena to produce documents shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the demand.
expressly and shall be supported by a description of the nature of the documents, communications, or things not produced that is suffcientenable to part to contest the claim.

(2) When information subjec to a subpoena is withheld on a claim that is privileged or subject 10 protection as trial preparation materials, the claim shall be made the demanding

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ATTACHMENT TO SUBPOENA
the following documents in your possession or control (including your agents, representatives, employees, attorneys or counsel) relating to the following:
Please produce a copy of

documents in the possession or control of any of

1. Any and all documents relating to Dynatech Corporation or Energel, Inc.

2. Any and all documents relating to Libert Mining, Inc.

3. Any and all documents relating to assays for gold found in any placer or lode deposits
located in the Eddy Gulch region ofthe Klamath National Forest.

4. Any and all documents relating to any metallurgical studies conducted on any placer or
lode gold deposits located in the Eddy Gulch region ofthe Klamath National Forest;
5. Any and all documents relating to the mobilzation of any metals or other compounds

region of

from any actual or potential mine tailngs or mine waste located in the Eddy Gulch the Klamath National Forest;

6. Any and all documents relating to quantity of gold deposits and/or reserves located in the
Eddy Gulch region of

the Klamath National Forest;

7. Any and all documents relating to the location of any gold deposits and/or reserve
located in the Eddy Gulch region of

the Klamath National Forest;

8. Any and all documents relating to any study or analysis of

the costs arising from any actual or potential mining operation, from exploration through reclamation located in the Eddy Gulch region of the Klamath National Forest; the mine or mining claim located in the the Klamath National Forest;

9. Any and all documents relating to any leases of Eddy Gulch region of

10. Any and all documents relating to any decision regarding whether or not to engage in mining activities located in the Eddy Gulch region of the Klamath National Forest;
11. Any and all documents relating to any sales of gold or gold-bearing ore extracted from
the Mountain Laurel mine;

12. Any and all documents relating to the costs associated with exploration, development, and/or production of gold or gold-bearing ore from the Mountain Laurel mine;
13. Any an all documents relating to any mining activities conducted at the Mountain Laurel
mine; and

14. Any and all documents reflecting or containing communications between you and Alfred Aloisi, Candis Aloisi, Donald W. Goodman, Energel, Inc., Dynatech Corporation, James
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Kendle, Libert Mining, Inc., or Libert Consolidated Mines, Inc., including any of

their

agents, representatives, employees, or attorneys.

15. Any and all deeds, leases, agreements relating to propert interests conveyed to or from
Alfred Aloisi, Candis Aloisi, Donald W. Goodman, Energel, Inc., Dynatech Corporation, James Kendle, Libert Mining, Inc., or Libert Consolidated Mines, Inc., including any of their agents, representatives, employees, or attorneys.

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