Case 1:01-cv-02163-BNB-MEH
Document 237
Filed 02/06/2007
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO MAGISTRATE JUDGE BOYD N. BOLAND Civil Action No. 01-cv-02163-BNB-MEH Date: February 6, 2007 FTR COURTROOM A 401 Geneva D. Mattei, Deputy Clerk
SIERRA CLUB, and MINERAL POLICY CENTER, Plaintiffs, v. EL PASO GOLD MINES,
John Barth Jeffrey Parsons
James Merrill Stephen Harris Michael Gustafson
Defendants
COURTROOM MINUTES
BENCH TRIAL-DAY 2 Court in Session: Court calls case. Appearances of Counsel Court' opening remarks. s Plaintiffs'move for an order that the issue of the existence of a hydrological connection between the El Paso shaft and the Roosevelt Tunnel portal is the law of the case in view of the decision of the Tenth Circuit Court of Appeals in SIERRA CLUB v. EL PASO GOLD MINES, 421 F. 3d 1133 ORDERED: Plaintiffs'move for an order that the issue of the existence of a hydrological connection between the El Paso shaft and the Roosevelt Tunnel portal is the law of the case in view of the decision of the Tenth Circuit Court of Appeals in SIERRA CLUB v. EL PASO GOLD MINES, 421 F. 3d 1133 is DENIED 8:33 a.m.
Case 1:01-cv-02163-BNB-MEH
Document 237
Filed 02/06/2007
Page 2 of 3
as stated on the record. Direct examination of Dr. Ann Maest by Mr. Barth. Court in recess: Court in session: 10:14 a.m. 10:32 a.m.
Direct examination of Dr. Ann Maest by Mr Barth. Court in recess: Court in session: 11:49 a.m. 1:19 p.m.
Mr. Barth plays DVD which is Exhibit 43. Direct examination of Dr. Ann Maest by Mr. Barth. Plaintiffs rest. Cross Examination of Dr. Ann Maest by Mr. Merrill. Court in recess: Court in session: 3:33 p.m. 3:50 p.m.
Cross examination of Dr. Ann Maestby Mr. Merrill. Exhibits admitted: Exhibit 5 stipulated, Exhibit 24 stipulated, Exhibit 43 stipulated Exhibit 51, Exhibit 53, Exhibit 60, Exhibit 62, Exhibit 65 Exhibit 77 pp.2, Exhibit 78 pp.2, Exhibit 86, Exhibit 87, Exhibit 94 Exhibit 95, Exhibit 108, Exhibit 109, Exhibit 113, Exhibit 126 Exhibit C the attachment, and 6/5/95 Beyer letter, Court in Recess: 4:57 p.m. Trial continues.
Total In-Court Time: 06:54
Case 1:01-cv-02163-BNB-MEH
Document 237
Filed 02/06/2007
Page 3 of 3