Case 1:95-cv-00650-LSM
Document 105-3
Filed 11/30/2007
Page 1 of 4
EXHIBIT B
Case 1:95-cv-00650-LSM
Document 105-3
Filed 11/30/2007
Page 2 of 4
IN THE
ALFRED ALOISI
UND STATES COURT OF FEDERA
CLAIS
et aI.
Plaintiffs
No. 95- 650L
UNITED STATES OF AMERICA
Defendant.
Hon. Lawrence S. Margolis
NOTICE OF DEPOSmON OF DYNATECH CORP.
PLEASE TAKE NOTICE that , pursuant to CFC Rule 30(b)(6) and the Scheduling Order
entered in this action , on Wednesday, October 24 , 2007 , Defendant shall take the deposition of a
designee , or designees , of Plaintiff Dynatech Corp. , commencing at 3:00 p. , and continuing
until completed , at the offices of the Forest Supervisor, Klamath National Forest , 1312 Fairlane
Road , Yreka , CA 96097 , (530) 841- 4483 , or at another-date , time and location as agreed upon by
theparties , to be taken under oath before a duly authorized notary public and/or reporter.
Dynatech Corp. shall produce for deposition a representative or representatives with knowledge
of the subject matter identified in Attachment A to this Notice.
Dated: October 15 ,
2007
Respectfully submitted
BR E K. TRA BEN
Natural Resources Section Environment and Natural Resources Division U. S. Deparment of Justice P. O. Box 663 Washington , D. C. 20044- 0663 (202) 305- 0238 (ph) (202) 305- 0267 (fax) Attorney for Defendant
Case 1:95-cv-00650-LSM
Document 105-3
Filed 11/30/2007
Page 3 of 4
ATTACHMENT A
SUBJECT MATTER FOR DEPOSITION
Pursuant to CFC Rule 30(b)(6), please produce for deposition a corporate designee who is knowledgeable regarding the subject matter described below. If no one individual possesses sufficient knowledge regarding all of the subjects identified , below , then please designate as many representatives as is necessary to address each topic. The " Company" or " Corporation refers to the Plaintiff identified in the accompanying notice of deposition. The phrase Mining Claims " shall be interpreted broadly to include the mining claims identified in the Complaint any patented mine or mil sites identified in the Complaint , and any mining activities at such mining claims and/or patented mine or mill sites.
Corporate history, governance , and field(s) of business , including but not limited to the formation and mission of the corporation , it' s offcers , directors , shareholders , managers employees , services and/or products;
Company s experience or involvement in mining in general , and in gold mining in particular;
Ownership interest in the propert or propert interests identified in the Complaint including but not limited to the company s ownership interest in the Mining Claims;
The Company s investment- backed expectations with respect to the Mining Claims
including but not limited to the Company s investment in , or contribution to , the Mining Claims , and the Company s expected returns on its investment or contribution;
The Company s income , gains or losses associated with the Mining Claims;
Any proposed , planed , and/or conducted mining activities at the Mining Claims; Any economic impact on the Company allegedly resulting ITom Forest Service consultations with the Fish & Wildlife Service with respect to the Northern Spotted Owl as alleged in the Complaint;
Any leases , or attempts to lease , any of the Mining Claims , and any rents or royalties;
Any equipment or other materials provided to , or by, the Company for use at the Mining Claims;
10.
Any loans , loan guantees or other financial assistance provided to , or for the use of, any company or individual with respect to the Mining Claims;
The Company s knowledge with respect to the Northern Spotted Owl; and
II.
12.
The Plaintiffs ' documents produced in this action Aloisi v. United States CFC No. 95650L , and/or the Contest previously pending before the U. S. DOl's Offce of Hearings and Appeals United States v. Aloisi CACA 41272.
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Case 1:95-cv-00650-LSM Document 105-3 Filed 11/30/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of October , 2007 , a true and correct copy of the
foregoing Notice of Deposition of Dynatech Corp. was sent electronically and via Federal
Express , with charges biled to Defendant, to counsel of record for Plaintiffs at the following
address:
Lawrence G. McBride , Esq. Foley & Lardner LLP Washington Harbour 3000 K St. , N. , Suite 500 Washington, DC 20007 e-mail: lmcbride foley. com
ce K. Tra