Free Supplemental Brief - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 137-10

Filed 05/28/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS
ALFRED ALOISI, et aL.,
)
) ) ) ) )

Plaintiffs,
v.

No.

THE UNITED STATES,
Defendant.

95-650L Judge Lawrence S. Margolis

)
) )

DEFENDANT'S SECOND SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO PLAINTIFFS
Pursuant to Rules 26,33, and 34 of the Rules of the United States Court of

Federal

Claims, plaintiff is hereby requested to respond in writing and under oath to the following:

DEFINITIONS AND GENERAL INSTRUCTIONS
Defendant adopts and incorporates herein by reference the definitions and instructions set
out in Defendant's First Set ofInterrogatories and Request(s) for Production of

Documents to

Plaintiffs served on October 24, 1997, as if fully set forth herein. Additionally, "mining claims"
means unpatented mining claims and any mine on private lands that Plaintiffs allege were

temporarily taken by Defendant. Where an interrogatory calls for information relating to each
mining claim, or each mineral deposit, please clearly correlate the information provided to. each

of the mining claims or mineral deposit.

INTERROGATORIES
INTERROGATORY NO.1: For each and every mining claim that Plaintiffs contend was
temporarily taken lllease identify:
a. the date upon which Defendant allegedly first temporarily took each mining claim (the
"date of

taking");

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b. the sampling method used to collect each sample;
c. where and how each sample was stored upon collection through testing, specifying: i. the container if any in which each sample was stored; ii. whether the container was locked or stored in a locked facility;

d. the chain of custody of each sample; and

e. the equipment used to collect, transport and process the samples collected.

INTERROGATORY NO. 15: For each mining claim that Plaintiffs identified in response
to Interrogatory No. 1.d., what governmental action(s) do you contend caused a temporary taking?
INTERROGATORY NO. 16: If

Plaintiffs contend that the U.S. Forest Service approved a

plan of operations authorizing Plaintiffs to extract, mil and sell gold obtained from anything other .
than a test miling operation, please identify the communication or document(s) which Plaintiffs
contend granted that authority.

INTERROGATORY NO. 17: For each mineral depositor resource allegedly found on
each mining claim at issue, please state the gold recovery rate that Plaintiffs contend they attained,

or were attainable, with the miling and processing equipment identified in response to
Interrogatory No. 1O.a.?

INTERROGATORY NO. 18: For each mineral deposit or resource allegedly found on

each mining claim at issue, please describe the miling and gold recovery process that Plaintiffs
used, or intended to use, to attain the gold recovery rates identified in response to Interrogatory
No.

17.

REQUESTS FOR PRODUCTION OF DOCUMENTS
REQUEST NO.1: Please produce any and all documents relating to or reflecting the
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$1,750,000 in costs allegedly incured by Plaintiffs as set out in paragraph 24 of

the Complaint.

REQUEST NO.2: Please produce any and all documents regarding or reflecting any

and

all costs allegedly incurred by Plaintiffs in

any way regarding the mining claims allegedly

temporarily taken by Defendant, that were incurred in addition to the alleged costs identified in
paragraph 24 of the Complaint.

REQUEST NO.3: Please produce any and all documents reflecting or relating to any
chemical or physical tests conducted on any ore samples collected from the alleged gold deposits.

on Plaintiffs' mining claims which Plaintiff contends were temporarily taken by Defendant,

including but not limited to assays and/or metallurgical tests conducted by or on behalf of
Plaintiffs at any time.

REQUEST NO.4: Please produce any and all field and laboratory notes relating to all
survey and sampling work conducted by or on behalf of Plaintiffs at the mining claims which
Plaintiffs allege were temporarily taken by Defendant.

REQUEST NO.5: Please produce all documents obtained by Plaintiffs, their agents or
representatives that relate to or reflect the history of the mining district in which the mining claims are located, including but not limited to any and all historical records of the gold content of the
ore, that have not previously been produced.

REQUEST NO.6: Please produce any and all data relating to or reflecting the dimensions
and quantity estimates of any gold deposit or resource in each mining claim that Plaintiffs allege
was temporarily taken by Defendant.

REQUEST NO.7: With respect to each and eyery gold deposit or resource found on each
mining claim that Plaintiffs contend was temporarily taken, please produce any and all documents
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consulted or referred to when responding to the Interrogatories

propounded herein, whether or not

the document was expressly referenced by Plaintiffs in any of their responses.

REQUEST NO. 20: Please produce any and all documents that relate to or reflect the
basis or bases for Plaintiffs' temporary takings claims asserted in this action that have not been
previously produced.
REQUEST NO.2 i: Please produce any

and all documents relating to the gold recovery

rates that Plaintiffs contend they attained, or were attainable, with the miling and processing
equipment identified in response to Interrogatory No. 10.a.

REQUEST NO. 22: Please produce any and all documents relating to the miling and gold
recovery process that Plaintiffs may identify in response to Interrogatory No. 18. REQUEST NO. 23: Please produce all documents that Plaintiffs may rely upon at triaL.
Dated: July 31,2007.
Respectfully submitted,

~.~

Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice P.O. Box 663 Washington, D.C. 20044-0663 (202) 305-0238 Phone (202) 305-0267/0506 Fax

WILLIAM SHAPIRO Natural Resources Section Environment & Natural Resources Division U.S. Department of Justice 501 I Street Sacramento, CA 95814 (916) 930-2207

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COUNSEL: Rose Miksovsky, Esq.
OF

Offce of General Counsel

U.S. Deparment of Agriculture 33 New Montgomery St., 17th Fl.

San Francisco, CA 94105-3170 (415) 744-3158

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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of

the foregoing DEFENDANT'S SECOND

SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF
DOCUMENTS TO PLAINTIFFS has been served this 31st day of July, 2007, electronically
via e-mail, and via Federal Express overnight mail, postage prepaid, upon the following counsel
of

record:

Lawrence G. McBride, Esq. Foley & Lardner LLP Washington Harbour 3000 K St., N.W., Suite 500 Washington, DC 20007
e-mail: ImcbrideaYfoley.com

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FELECIA LESESNE