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

Case 1:95-cv-00650-LSM

Document 105-2

Filed 11/30/2007

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EXHIBIT A

Case 1:95-cv-00650-LSM

Document 105-2

Filed 11/30/2007

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IN THE ALFRED ALOISI

UND STATES COURT OF FEDERA

CLAIS

et aI.

Plaintiffs
. v.

No. 95- 650L

UNITED STATES OF AMERICA
Defendant.

Hon. Lawrence S. Margolis

NOTICE OF DEPOSmON OF ENERGEL , INC.

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 Energel , Inc. , commencing at 1:00 p.

, and contmuing 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 , tine and location as agreed upon by the

parties , to be taken under oath before a duly authorized notary public and/or reporter. Energel

Inc. 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 K. TRA BEN Natural Resources Section Environment and Natural Resources Division U. S. Department 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 105-2

Filed 11/30/2007

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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 mil sites.
Corporate history, governance, and field(s) of business , including but not limited to the it's officers , directors , shareholders , managers employees , services and/or products;
formation and mission ofthe corporation ,

Company s experience or involvement in mining in general , and in gold mining in

paricular;
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 , of contribution to , the Mining Claims , and the Company s expected retus on its investment or contribution;
The Company s income , gains or losses associated with the Mining Claims;

Any proposed , planned , and/or conducted mining activities at the Mining Claims;

Any economic impact on the Company allegedly resulting from 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 guaantees 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 Office of Hearings and Appeals United States v. Aloisi CACA 41272.

Case 1:95-cv-00650-LSM

Document 105-2

Filed 11/30/2007

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CERTIFICATE OF SERVICE
I hereby certify that on this 15th day of October , 2007 , a true and correct copy ofthe

foregoing Notice of Deposition of Energel , Inc. 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. Trau en