Free Objections - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH

Document 232

Filed 01/22/2007

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-CV-02163-BNB-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. El PASO GOLD MINES, INC. (a.k.a., EL PASO PROPERTIES, INC.) Defendant. ______________________________________________________________________________ PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRIAL EXHIBIT TRANSCRIPTS ______________________________________________________________________________

Plaintiffs Sierra Club and Mineral Policy Center (also known as Earthworks) hereby file these objections to transcripts listed by Defendants as trial exhibits pursuant to the Court's October 17, 2006 trial procedure order. The October 17, 2006 trial procedure order requires parties to designate by page and line any transcript testimony a party intends to offer at trial. Defendants have submitted 4 transcripts as possible trial exhibits in this case: Trial Exhibit D (8/12/02 deposition transcript of Kenneth Klco); Exhibit E (8/18/03 deposition transcript of Ann Maest); Exhibit F (12/13/04 deposition transcript of Ann Maest); and, Exhibit G (8/24/05 Rule 702 transcript in case 00-CV-2325). Defendant's exhibit list states that these exhibits will only be used for the purposes allowed by Fed.R.Civ.P. 32. Under the October 17, 2006 trial procedure order, Defendant was to designate to Plaintiffs the pages and lines of these transcripts that Defendant intends to offer at trial. 1

Case 1:01-cv-02163-BNB-MEH

Document 232

Filed 01/22/2007

Page 2 of 3

Plaintiffs object to the admission of these exhibits because Defendant never made such a designation. Neither did Defendant make any such designation on any other transcript listed as a trial exhibit in this case. Therefore, Plaintiffs object to the introduction of any transcript in this case by Defendants. Plaintiffs also object to the introduction of any transcript for any purpose not allowed under Fed.R.Civ.P. 32. Respectfully submitted by, January 22, 2007 s/ John Barth _________________________ John M. Barth, #22957 Attorney at Law P.O. Box 409 Hygiene, CO 80533 (303) 774-8868 Roger Flynn, Esq. # 21078 Jeffrey C. Parsons, Esq. #30210 WESTERN MINING ACTION PROJECT P.O. Box 349 Lyons, CO 80540 (303) 823-5738 COUNSEL FOR PLAINTIFFS

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Case 1:01-cv-02163-BNB-MEH

Document 232

Filed 01/22/2007

Page 3 of 3

CERTIFICATE OF SERVICE I do hereby certify that on this 22nd day of January 2007 a true and accurate copy of PLAINTIFFS' OBJECTIONS TO DEFENDANT'S TRIAL EXHIBIT TRANSCRIPTS was filed with the Electronic Case Filing system which is then to serve the same on the following by electronic means: Steve Harris Merrill Anderson & Harris 20 Boulder Crescent Colorado Springs, CO 80903-3300 [email protected] Connie King Law Firm of Connie King, LLC 4711 Constitution Ave. Colorado Springs, CO 80915 [email protected] s/ John Barth __________________________ John Barth

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