Free Status Conference - District Court of Colorado - Colorado

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

Document 197

Filed 08/15/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Patricia A. Coan Civil Action No. 01-cv-02163-PAC-MEH Date: August 15, 2006 SIERRA CLUB, and MINERAL POLICY CENTER, Plaintiffs, v. EL PASO GOLD MINES, Defendant. Stephen D. Harris, via telephone Michael Gustafson, via telephone FTR - PAC COURTROOM A-501 Deputy Clerk: Ben Van Dyke John M. Barth, via telephone

COURTROOM MINUTES / MINUTE ORDER Telephone Status Conference 8:43 a.m. Court in session.

Court calls case. Appearances of counsel. Court discusses the status of the case and the tunnel inspection with counsel. Counsel agree that the following have been decided previously: 1) notice under the CWA has been effected; 2) Sierra Club has standing (standing re Mineral Policy Center reserved); 3) El Paso shaft and Roosevelt tunnel portal are " point sources"under the CWA; 4) Cripple Creek is a navigable waterway under the CWA; 5) the El Paso shaft releases pollutants (zinc and manganese) The remaining issue for trial on October 30, 2006 is whether there is a hydrological connection between the El Paso shaft, the tunnel portal, and Cripple Creek. ORDERED: Plaintiffs shall provide a status report on the accessibility of the Roosevelt tunnel by August 25, 2006. Defendant shall provide a status report by August 25, 2006 regarding whether it will challenge the Mineral Policy Center' standing and whether s any evidence on the appropriate remedy will be needed in the event that liability is decided in favor of plaintiffs.

ORDERED:

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

Document 197

Filed 08/15/2006

Page 2 of 2

Civil Action No. 01-cv-02163-PAC-MEH Date: August 15, 2006 ORDERED: Plaintiffs will determine whether the Roosevelt Tunnel is accessible by August 21, 2006. If the Tunnel is accessible, then water sampling or any other testing will be performed by August 31, 2006 and plaintiffs'experts will provide defendant' share of split samples to defendant' experts at s s the tunnel portal on the date the water samples are taken. All counsel shall then decide and agree on whether plaintiffs'expert(s) will be deposed or will supplement his/her report on the new data and opinions only. Defendant may endorse a rebuttal expert and make that person available for deposition or provide a report, as agreed to by all counsel. If counsel are unable to agree, any disputed matter shall be brought to the court' s attention. Rule 702 evidentiary hearings on the pending expert motions are set for October 3 and October 4, 2006. If those dates are unacceptable to any party or expert, the court shall be notified no later than September 5, 2006 in an appropriate motion.

ORDERED:

ORDERED: FINAL PRETRIAL CONFERENCE is reset to October 12, 2006 at 10:30 a.m., in Courtroom A-501, of the Alfred A. Arraj Courthouse. Proposed Final Pretrial Order is due by October 5, 2006. Magistrate Judges' procedures and the proposed Order format (attached to the Local Rules) may be downloaded from the Court' website at www.co.uscourts.gov . s ORDERED: Trial Preparation Conference set for September 25, 2006 is vacated and reset to October 17, 2006 at 3:00 p.m. with Magistrate Judge Coan. Court in recess. 49 minutes.

9:32 a.m.

Total time in court: Hearing concluded.

*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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