Case 1:95-cv-00650-LSM
Document 107-2
Filed 12/12/2007
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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
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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
Document 107-2
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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
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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
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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
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Alfred Aloisi
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October 31 , 2007
Alfred Aloisi v. United States of America
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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
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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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Alfred Aloisi
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2007
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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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October 31 ,
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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
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October 31 ,
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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
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Alfred Aloisi
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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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Filed 12/12/2007
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October 31 ,
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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
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Alfred Aloisi
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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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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