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

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