Case 1:95-cv-00650-LSM
Document 105-2
Filed 11/30/2007
Page 1 of 4
EXHIBIT A
Case 1:95-cv-00650-LSM
Document 105-2
Filed 11/30/2007
Page 2 of 4
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
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 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
Page 4 of 4
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