Free Motion to Compel - District Court of Federal Claims - federal

Case 1:95-cv-00650-LSM

Document 107-2

Filed 12/12/2007

Page 1 of 15

EXHIBIT A

--Case 1:95-cv-00650-LSM
Alfred Aloisi

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Document 107-2

Filed 12/12/2007

Page 2 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

Page 1

IN THE UNITED STATES COURT OF FEDERAL CLAIMS
ALFRED ALOISI

et al.,

Plaintiffs,
vs.
UNITED STATES OF AMERICA
No. 95- 650L

Defendants.

DEPOSITION OF ALFRED ALOISI

Wednesday, October 31, 2007

9:20 a.
20

Reported By:

CRAIG W. WOOD , RPR , CSR No. 9789

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

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October 31 ,

Alfred Aloisi v. United States of America

2007

Page 2

APPEARANCES

For the Plaintiffs: FOLEY & LARDNER Washington Harbour 3000 K Street, N. W., Suite 500 Washington , DC 20007- 5101 (202) 295- 4017 LAWRENCE G. McBRIDE

BY:

For the Defendant: DEPARTMENT OF JUSTICE

Environmental & Natural Resources Division
601 D Street, N. Washington , DC 20004 (202) 305- 0238 BRUCE K. Trauben

BY:

Also Present:

Thomas Ferrero

Hil ton Cass
- - - 000 - - -

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

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Case 1:95-cv-00650-LSM
Alfred Aloisi

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October 31 ,

Alfred Aloisi v. United States of America

2007

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INDEX

EXAMINATION BY:

Page

Mr. Trauben

EXHIBITS
FOR THE DEFENDANT'S:

Qui tclaim Deed

Tax Assessor Cards Document
Let ter

129 131

- - - 000 - - -

0 '

CRAIG WOOD REPORTING Redding, California (530) 244- 0789

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Alfred Aloisi

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October 31

Alfred Aloisi v. United States of America

2007

Page 4

BE IT REMEMBERED that on Wednesday, October 31

9:20 a. m., of said day, at the offices of Klamath National Forest, 1312 Fairlane Road, Yreka, California, before me, Craig W. Wood, a Certified Shorthand Reporter in and for the State of
2007 , commencing at the hour of
California, there personally appeared

ALFRED L. ALOISI,

who, being first duly sworn by me to tell the truth, was

examined and testified as

follows:
000-

EXAMINATION

BY MR. TRAUBEN:

will you please state your name for the record.

Alfred L.
Yes,
I do.

Aloisi.

And you go by

Fred?

As you know , my name is Bruce

Trauben.

represent the Uni ted States, the defendant in

this

action.
Yes, Bruce, I ve made your acquaintance. I 11 have some questions for you today. And
just as an overview of what we

I re going

to do

going to ask you some general questions about
the plaintiffs are " and the status of the

today, the - -

who

plaintiffs.

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

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Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Alfred Aloisi v. United States of America

October 31 ,

2007

Page 5

We I 11

go into the property interest of the

plaintiffs.
to give

The knowledge of the owl.

We'll talk about the various

components that go into a takings
you an overview of what we

case. So just I 11 be discussing.
into your prior

Thank you.

And, a so, we I 11 get

deposition I have some discovery responses. Very well.

follow- up questions and some

I understand from discussions wi th

your

at torney, Mr.
Yes,

McBride, that Mr. Goodman has passed away.

he has.
And I '

And do you know when?

Approximately three, f our years ago.
not certain of the exact

date.
ago.

When did you learn of his passing?

I would say three years

Do you know , was it sudden , hi s

death?
Don

No.

It was

I believe his heal

deteriorated over a considerable period of
was diabetic and he had other

time. problems, as well.

Do you know whether his estate is still in

probate?
I do not know.

Do you know who is representing his

estate?

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

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Page 7 of 15
October 31 , 2007

Alfred Aloisi v. United States of America

Page 6

I do not.

Do you know where Mr. Kendle is located?
I don
I t

know for

certain. Although,

I had

someone tell me that they thought he might be in

Portland.
What was the last time you spoke to Mr. Kendle.

1991.
this action?

May the

5th.

Does Mr. Kendle know that he' s a plaintiff in

m not

certain.
complaint?

Did you send him a copy of the

No, I did

not.

Do you know whether anyone else sent him a copy
of the complaint?

I have no knowledge of

that.
Do you know

Just to clarify my last question.

whether he saw a draft of the complaint before it was

filed?
I don' t believe

so.

I last saw him in '91 and

the complaint was filed in '95.
Do you know the status of Dynatech
Dynatech and Capricorn are both in
Is Capricorn a plaintiff?
I don

today? bankruptcy.

believe so.

I t know if Capricorn is listed. I don't Perhaps it was. Dynatech , Capricorn, yes.
CRAIG WOOD REPORTING (530) 244- 0789

Redding, California

-Case 1:95-cv-00650-LSM
Alfred Aloisi

--Filed 12/12/2007 Page 8 of 15
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Document 107-2

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the claims once they went open for location upon

Mr. Patterson I s untimely demise.
I don't understand how Mega Gold had an

interest in the mining

claims.

DO you understand

it?

By virtue of -- of Mega Gold?

By virtue of a

lease.
A lease wi th
Kendle.
MR. McBRIDE:
whom?

Mega Gold had a lease with myself and Jim

To try to keep the record

clear,

is this the lease

or this is what you testified as a

predecessor to the lease under which that occurred?
THE WITNESS:

This was the Mara Venture'

s --

yes.

This is the predecessor lease to
MR. McBRIDE:

that.

Okay.

Tying them together

Mr. Trauben.

BY MR. TRAUBEN:

So this, then , was after you had staked your claims in Eddy Gulch?

Correct.
Okay.
So can you explain Mara Ventures to me?
Who formed Mara Ventures?

Mara Ventures was a Washington corporation

that

was, I guess,

U. S. company that Mr. Robert Pincomb and

one other person that was involved wi th
CRAIG WOOD REPORTING (530) 244- 0789

them there

Redding, California

-.

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October 31 ,

Case 1:95-cv-00650-LSM
Alfred Aloisi

Alfred Aloisi v. United States of America

2007

Page 29

from Canada, that had an agreement wi th Mr. Pat terson
for many years.

And they had carried out some exploration with
a company by the name of New Cinch Uranium, which was

the 1977,

'76 drilling program that was done there

the properties.

At some point did you qui tclaim your interest
in the mining claims to Mara Ventures?

Yes.

I think we

did.
I say that wi th some

Did you -m going to say

uncertainty.
Ventures.

I m not certain we qui tclaimed it to Mara

It' s been a long time.
That'
s fair enough.

m not quite

certain.
Mr. TRAUBEN:

May we have this

marked, please,

as Exhibi t 1 to today ' s deposi tion.

(Defendants' Exhibi t 1 was marked.

BY MR. TRAUBEN:

Okay.

Mr. Aloisi

I m going

to hand you what '

been marked as Exhibi t

1 to your deposi tion today.

that a qui tclaim deed from you and Jim Kendle to Mara

Ventures?
2"4

Yes,

it is.
Redding, California

In that transaction, are you quitclaiming all
-u

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

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Page 10 of 15
October 31 ,

Alfred Aloisi v. United States of America

2007

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your interest in the listed mining

claims?

Yes, we are.
What' s the date of that?
July 23rd.

And the year is obscured.

Let'

see if I can find it someplace

else.
1988.

m sorry, dated April 12

Did you and Mr. Kendle at some point reacquire

an interest in the mining

claims?

Yes, we did.
And when was that? I m not certain of the exact year , but Well

,I

Mara Ventures received $50 000 through the law firm

Jacobson ,

Jewett & Turoff of Medford and deeded back all The Patterson estate also

interest in the properties.

received $50, 000, as did Ruth Markon as per my prior

agreements.

Even though the claims had come up

open.

Do you know whether plaintiffs have produced
the deed from Mara Ventures back to the plaintiffs?

It'

s here.

I believe we

I ve j

ust given

you

those documents.

Do you know what tab number that was produced

as?
Pardon?
Do you know under what tab number?

Let'

s see here.

We 11,

m looking at A- 180,

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

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October 31 ,

Alfred Aloisi v. United States of America

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Yes, it does.
And your recollection is that you did intend to
lease the placer claims?

It appears I did lease the placers.

And that was your intent to lease all the
placer claims to WAZCO?

I don't know if it was my

intent.

m just

ying that we did lease all of them to them.

Okay.

And all the lode claims, as well?

That was my

intent.

And that' s what this document effectuated?

Yes, sir. We are done wi th that for the time being.
Can you take a look at A- 181 that was recently
produced by plaintiffs.

Yes.
Take a moment and look that

over.
document.

Yes,

I have.

m familiar with this

And what is this document? This is a Notice of Delinquency to a Co- Owner

on Proof of

Labor.

It'

s advertising someone out of a

claim.
And that person is Mr. Kendle?
Kendle Trucking, John Kendle and James
James Kendle, one of the plaintiffs?

Kendle.

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

Document 107-2

Filed 12/12/2007

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October 31 ,

Alfred Aloisi v. United States of America

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Yes.

That'
Yes,

s wi th respect to the lode and placer

claims listed on the front page of that exhibit?

sir.
mentioned, the

And in this document are you and Candis

asserting that the entities you just

individuals on Kendle Trucking, failed to contribute
their share of assessment work?

Correct. What is " assessment work"?
Assessment work is work that has to be

performed on a mining claim in the form of labor, $100

labor ,

in order to meet your annual requirements in

order to hold those

claims.
If I may,

MR. McBRIDE:

Bruce,

I think these

questions are subj ect to the same understanding or a
flip side understanding as our questions to Forest
Service people.

This is not a legal conclusion, but

understanding of what the requirements of the law may be

or how the law

works.

MR. TRAUBEN: MR. McBRIDE:

Exactly.
Thank you.

BY MR. TRAUBEN:

That'

s your understanding of what assessment

work is?
CRAIG WOOD REPORTING (530) 244- 0789

Redding, California

--Case 1:95-cv-00650-LSM
Alfred Aloisi

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October 31 ,

Alfred Aloisi v. United States of America

2007

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my best to

answer. No. That I s fine.
Do you know whether Mr. Kendle' s interests

actually were extinguished in the mining

Certainly hope

so.

We recorded

claims? the documents.

And it'

s just a matter of course as your

understanding that once you submi t the documents and the

notice is posted, that his interest then extinguishes
after the response?

Yes.

wi thin a certain period of

time.

Tha t ' s

my understanding.

And it

is your understanding that he did not

respond?
That I S my understanding.
MR. TRAUBEN:

Go off the record a

second.

(Off the record.

BY MR. TRAUBEN:

Back on the

record.

Do you still have the notebook, if you could

take a look at Forest Service Document 147.

Yes, sir.
And that should be a lease and option agreement

between you and Don Goodman, the lessor and Liberty

Consolidated Mines as the

lessee?

Yes.

And if

you flip back to the second to the

last

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

--Case 1:95-cv-00650-LSM
Alfred Aloisi

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October 31 ,

Alfred Aloisi v. United States of America

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Liberty Mining,

Inc. has?

It'
provided.

s the only one I have at this

time.

There were others?
No.
This is the only one that I have.
Were there others generated?

Currently.

Yes. I think this that we have left of those documents, though. When was Liberty Mining formed? I believe it was -- about 1990. , 89,
I would believe

so.

is all

there. Incorporation here. If I
'90, somewhere in
let you know.

We have Articles of

could

ok at them, I could

Okay.

April '89,

But just because this begins with it was sometime before April 189?

I would think

so.

Yes.

And this is the company' s register?

Yes, sir. Okay. Do you recognize any of the handwri
in the register?
I do.

ting

I certainly

do.

And is that -- any of that your handwriting?
It is not.

Whose handwriting is that?

Jim Kendle '

Oh, there is one piece

here.

Redding, California

CRAIG WOOD REPORTING (530) 244- 0789

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Case 1:95-cv-00650-LSM
Alfred Aloisi

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Page 105

line

check number 1006, Economy Plywood, that kind of

looks like my handwriting.

Maybe not.

Guess not.

Between the two of you
Oh, and the top one here to Alfred Aloisi for
$20 is my handwri

ting.

between the two of you, you and Mr. Kendle,

was Mr. Kendle more responsible for keeping the books?

Correct.
Do you know whether these

Excuse me one second. Sure.
m not sure if it was exactly at this same
time, but approximately at this same time, we hired an

accountant here in Medford by the name of Clay

Vanderbrick,

I think it was, that was doing our books

and issuing checks to our

crew.

And I believe that

would supplement

this.

It might have been shortly after

these, might have been the next

That'

s what I was going to get

to.

Can you

take a look at A- 164.

You can leave the handwri

t ten one

available.
Okay.
Was the document plaintiffs produced at A- 164

prepared by the accounting firm that you
I believe

hired?

so.
CRAIG WOOD REPORTING (530) 244- 0789

Redding, California