Free Statement - District Court of Colorado - Colorado

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

Page 1 of 23

D O N H. S H E R W O O D Attorney at Law 10861 West 28th Place Denver, Colorado 80215 Telephone (303) 233-0335 or (303) 916-7726 (Cell) Facsimile (303) 237-4180 eMail: [email protected] Statement Date: April 13, 2006 For fees and disbursements from May 1, 2003, through April 13, 2006 Billing Account No. 224.02 Golden Cycle Gold Corporation 1515 South Tejon Street, Suite 201 Colorado Springs, Colorado 80906 Attention: Mr. R. Herbert Hampton President and Chief Executive Officer Re: Defense of Suits Brought Against the Corporation by the Sierra Club and the Mineral Policy Council in the United States District Court for the District of Colorado (Nos. 00-MK-2325 and 01-MK-2307) For: Representation of the Corporation by Mr. Sherwood in the litigation, with particular attention to such matters as may require pleadings, discovery, evidence, and witnesses separate from those of the owner and operator, but without increasing the cost of the litigation except as may be necessary to prevent liability to the Corporation separate from or jointly with the other defendants as to such liability as may be determined to exist as against the Joint Venture entity owning the property and against the other defendant corporations conducting for the benefit of that entity operations upon that property.
PREVIOUS BALANCE BILLED BY DON H. SHERWOOD as of July 2, 2001 PREVIOUS BALANCE BILLED BY DON H. SHERWOOD as of April 30, 2003

$ 1,151.50 4,136.00 ___________ $ 5,287.50

FEES FOR SERVICES BILLED AT $ 255.00 HOURLY:

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

Page 2 of 23

5/12/03 Case II: Considered Plaintiffs' reply to response in opposition to motion to file first amended complaint 5/29-30/03 Case II: Consulted with counsel for AngloGold regarding first requests for production of documents and prepared separate response to Plaintiffs' first request to Golden Cycle for production of documents 6/9-10/03 Case II: Considered Plaintiffs' first request for admissions, etc., and second request for production of documents, and consulted with AngloGold counsel with regard to the same 6/12/03 Case II: Joined with AngloGold counsel in all defendants' first request for admissions, etc., and for production of documents 280.50 6/27/03 Cases I & II: Notified the Court Clerk and all parties of departure of Mr. Sherwood from the firm of Carver & Kirchhoff, LLC, but without change of address for either Mr. Carver or Mr. Sherwood, both continuing as counsel to Golden Cycle in these matters 0.00 6/30/03 Case II: Considered Plaintiffs' first supplemental Rule 26 disclosures 7/ 3/03 Case II: Considered Plaintiffs' second supplemental Rule 26 disclosures 7/ 7/03 Case II: Consulted with AngloGold counsel and worked together to produce separate defense responses to Plaintiffs' first requests for admissions, etc., and second requests for production of documents 7/12/03 Case II: Considered Plaintiffs' third and fourth supplemental Rule 26 disclosures 7/14-15/03 Case II: Attended depositions of defense witnesses in Boulder

0.2

51.00

4.4

1,122.00

0.8

204.00

1.1

0.0

0.1

25.50

0.1

25.50

3.7

943.50

0.2

51.00

14.0

3,570.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

Page 3 of 23

D O N H. S H E R W O O D 7/16-17/03 Case II: Reviewed Plaintiffs' responses to defendants' first request for admissions, etc., and for production of documents 204.00 7/31/03 Case II: Reviewed Defendants June 30th and July 30th expertwitness disclosure documents with reports, in detail 8/ 8/03 Case II: Considered Plaintiffs' fifth supplemental rule 26 disclosures 8/12/03 Case II: Attended deposition of Plaintiffs' witness, Mr. Baum, in Boulder 8/18/03 Attended deposition of Plaintiff's witness, Dr. Ann Maest, in Boulder 9/ 3/03 Case II: Joined in Defendants' first supplemental response to Plaintiffs' first request for production of documents 9/10/03 Case II: Executed Stipulation concerning certification of documents, etc. 9/16-17/03 Case II: Considered Plaintiffs' motion for summary judgment on the issues of notice, diligent prosecution, standing and liability, and their brief in support thereof 9/15/03 Case II: Considered in detail and joined in Defendants' motion for summary judgment and brief in support thereof 9/22/03 Case II: Attention to Trial Preparation Order dated September 19, 2003 9/29/03 Case II: Attention to AngloGold's second supplemental response to Plaintiffs' first request for production of documents

PAGE 3.

0.8

2.6

663.00

0.1

25.50

6.2

1,581.00

7.3

1,861.50

0.6

153.00

0.0

0.00

3.1

790.50

1.9

484.50

0.2

51.00

0.1

25.50

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

Page 4 of 23

D O N H. S H E R W O O D 10/6-8/03 Case II: Preparation of Affidavit and exhibits and completed Defendant Golden Cycle's separate and additional response to Plaintiff's motion for summary judgment on issue of liability 10/ 8/03 Case II: Completed work on all Defendants' brief in response to Plaintiffs' motion for summary judgment, and two separate motions to strike affidavits of various Plaintiffs' witnesses 10/ 9/03 Case II: Considered Plaintiffs' detailed response in opposition to Defendants' motion for summary judgment

PAGE 4.

8.8

2,244.00

3.3

841.50

1.2

306.00

10/22-23/03 Case II: Joined other Defendants in motion to substitute pleading, submit form orders, file combined response, and exceed page limit 0.6 153.00 10/26-27/03 Case II: Jointed other Defendants in reply brief in support of the motion for summary judgment 10/28/03 Case II: Reviewed Plaintiffs' reply to Defendants' brief in response to Plaintiffs' motion for summary judgment, and Plaintiffs' responses in opposition to Defendants' affidavits and reports of expert witnesses and other witnesses 10/28-29-30/03 Case II: Detailed attention to Plaintiffs' reply to Golden Cycle's separate and additional response to Plaintiffs' motion for summary judgment, particularly as to liability 11/13/03 Case I: Attention to Order to Show Cause why this action should not be dismissed 11/14/03 Case II: Joined in Defendants' reply briefs in support of motions to strike various affidavits 12/ 8/03 Case I: Considered various pleadings filed by the Plaintiffs in response to the Order to Show Cause, particularly the motion to
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

0.7

178.50

1.7

433.50

4.4

1,122.00

0.1

25.50

1.2

306.00

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D consolidate the two pending cases against Cripple Creek & Victor, et al., and conferred with AngloGold counsel concerning the same 153.00 12/19/03 Case I: With counsel for AngloGold, prepared and filed Defendants' response to the Order and the motions to show cause and to set scheduling conference 12/29/03 Cases I & II: Notified the Court Clerk and all parties of Mr. Sherwood's change of address and telephone numbers, without change in those acting as counsel to Golden Cycle in these matters 0.00 1/ 5/04 Cases I & II: Attention to Plaintiffs' reply to Defendants' response to show cause order, motion to consolidate, and motion to set schedule conference

PAGE 5.

0.6

0.8

204.00

0.0

0.3

76.50

1/13/04 Cases I & II: Attended motion to show cause hearing before Magistrate Judge, on a matter in which Golden Cycle does not participate0.0 1/14-16/04 Cases I & II: Filed and served copies of Mr. Carver's notice of change in firm name, and of new telephone numbers in pending cases, together with notice of a new facsimile telephone number for Mr. Sherwood. 1/27/04 Case I: Joined in other Defendant's motion for summary judgment on 11th and 12th causes of action and in brief in support thereof 1/30/04 Case II: Read Magistrate Judge's recommendation as to Plaintiffs' motion for leave file a first amended complaint 2/10/04 Cases I & II: Made, filed, and served corrected notice of Mr. Carver's new ZIP code

0.00

0.1

25.50

1.3

331.50

0.1

25.50

0.0

0.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D 2/23/04 Case I: Considered Plaintiffs' consolidated response in opposition to Defendant's motion for summary judgment on 11th and 12th causes of action and Defendants' brief in support thereof

PAGE 6.

0.8

204.00

2/24/04 Case II: Noted Order adopting Magistrate Judge's recommendation on the motion for leave to file a first amended complaint 0.1 3/5 & 8/04 Case I: Joined in Defendants' reply brief in support of Defendants' motion for summary judgment on 11th and 12th causes of action 3/ 9/04 Case I: Joined in Defendants' request for oral argument on the motions concerning the 11th and 12th causes of action 3/15/04 Case I: Considered Order granting the Defendants' motions for summary judgment on the first 10 claims for relief and concluding that the claims are not barred by res judicata 4/13/04 Case I: Joined Defendants' motion for relief from page limitation; motion for reconsideration, etc., as to summary judgment Order 4/15/04 Case I: Noted Order granting Defendants' requested relief from page limitation
FEES FOR SERVICES BILLED AT $ 275.00 HOURLY:

25.50

0.4

102.00

0.1

25.50

0.8

204.00

0.4

102.00

0.0

0.00

5/ 7/04 Case I: Considered Plaintiffs' response in opposition to Defendants' motions for reconsideration, etc. 5/20-21/04 Case I: Joined in Defendants' reply brief in support of the motion for reconsideration, etc. 5/27/04 Case II: Completed work on final pretrial order, etc. 6/17/04 Case II: Joined in other Defendants' response in opposition to

0.6

165.00

0.4 1.2

110.00 330.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D Plaintiffs' objection to final pretrial order 6/30/04 Case II: Joined in other Defendants' objections to Plaintiffs' trial exhibits 7/ 2/04 Case II: Reviewed Plaintiffs' objections to Defendants' trial exhibits, and read Plaintiffs' notice of supplemental authority 82.50 8/20/04 Case II: Reviewed the Court's Order on pending motions filed in this case 8/20/04 Cases I & II: Reviewed the Court's Order on other pending motions, and consolidating the two pending cases, setting a Rule 16 hearing, and other matters 9/23/04 Cases I & II: Reviewed Plaintiffs' response in opposition to Defendants' second substitute motion for summary judgment (this is the only document filed in Case II after the case consolidation) 192.50 0.1

PAGE 7. 27.50

0.1

27.50

0.3

0.9

247.50

0.5

137.50

0.7

FROM THIS POINT FORWARD, THE TWO CASES HAVE BEEN CONSOLIDATED 8/30/04 Attention to Plaintiffs' motion (and brief in support thereof) for partial summary judgment as to issues in Case II, the issue of owner/operator liability being of primary concern to Golden Cycle; extended evaluation of Part C of the motion, as to that issue, and review of the cases and other authorities cited therein; determined from paragraphs 5-7 of the motion and part II of the accompanying brief that the Plaintiffs' is based in large part on State and Federal consent agreements which do not support the conclusions reached 1,732.50 8/30/04 Joined in Defendants' second substitute motion for summary judgment 9/7-9/04 Considered Plaintiffs' revised first request to Golden Cycle
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

6.3

0.1

27.50

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D Gold for production of documents 9/ 9/04 Attention to Rule 34 entry request directed to Golden Cycle as well as to the AngloGold Defendants 0.1 2.2

PAGE 8. 605.00

27.50

9/14/04 Joined in Defendants' motion to strike or deny Plaintiffs' motion for partial summary judgment or for extension of time to respond 0.3 9/15/04 Attended Rule 16 scheduling conference at which, in addition, the trial date in Case II was vacated, all final pretrial orders are vacated, and the Defendants' 9/14/04 motion was denied 9/17/04 Considered Rule 16 Pre-Trial Order, particularly insofar as it specifies facts stipulated to by the parties; also considered the Court's pretrial preparation order of the same date 9/22/04 Joined in Defendants' response to Plaintiffs' motion for partial summary judgment, and brief in support thereof 9/24/04 Joined in Defendants' response to Plaintiffs' requests to all Defendants, including Golden Cycle, for entry to land under Rule 34 9/28-30/04 Attention to Plaintiffs' first set of requests for admission, etc. and second request for production of documents, separately served upon the AngloGold and Golden Cycle Defendants 10/ 1/04 Joined in Defendants' first request for admissions, etc., and for production of documents in Case I 10/ 6/04 Joined in Defendants' reply brief in support of motion for summary judgment in Case II 10/4-6/04 Worked on Golden Cycle's responses to Plaintiffs' revised first request for production of documents in Case I (which also involved

82.50

0.7

192.50

0.6

165.00

1.0

275.00

0.1

27.50

7.4

2,035.00

0.2

55.00

0.2

55.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D review of AngloGold Defendants' responses to a similar request 10/14/04 Read Plaintiffs' extended reply to Defendants' responses to Plaintiffs' for partial summary judgment in Case II 10/26/04 Joined in unopposed motion for protective order 55.00 10/28/04 Reviewed AngloGold Defendants' response to Plaintiffs' first set of requests for admission, etc., and second request for production of documents 8.2 3.7

PAGE 9. 2,255.00 1,017.50 0.2

1.1

302.50 110.00 467.50

11/ 1/04 Reviewed AngloGold Defendants' expert witness disclosures 0.4 11/ 2/04 Reviewed Plaintiffs' extremely elaborate witness disclosures 10/29-31/04 Prepared Golden Cycle's response to Plaintiffs' first set of requests for admissions, etc., and second request for production of documents 11/ 2/04 Executed stipulation and protective order regarding confidential business information documents, and arranged for execution thereof by Mr. Carver as well 11/4-5/04 Considered Plaintiffs' response to Defendants' first request for admissions and production of documents in Case I 11/10/04 Considered AngloGold Defendants' first supplemental response to Plaintiffs' revised first request for production of documents 12/10/04 Joined AngloGold Defendants in their Notice of Depositions in Case I 11/17/04 Attention to AngloGold Defendants' rebuttal expert witness disclosure (Mr. Adrian Brown); in view of the considerable experience of the witness, reviewed his report in detail 11/19/04 Considered Plaintiffs' second supplemental Rule 26(a) 1.7

7.9

2,172.50

0.1

27.50

1.1

302.50

0.6

165.00

0.2

55.00

2.3

632.50

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

Page 10 of 23

D O N H. S H E R W O O D disclosures in Case I 11/20/04 Considered Plaintiffs' first notice of supplemental evidence in support of Plaintiffs' motion for partial summary judgment in Case II 11/22/04 Attention to Plaintiffs' third request to AngloGold Defendants for production of documents in Case I 11/30/04 Joined all Defendants' response to Plaintiffs' first notice of supplemental evidence 11/29/04 Attention to various notices of depositions, and scheduled attendance thereat 12/ 1/04 Noted entry of appearance by Lisa Lidet in behalf of the AngloGold Defendants 12/ 2/04 Noted entry of appearance by Robert Troyer in behalf of the AngloGold defendants; later, met briefly with Mr. Troyer to discover his probable approaches to the trial of the consolidated cases (no time charged as to the latter) 12/ 2/04 Noted the change of name of the AngloGold defendants to include the word "Ashanti" to denote the AngloGold interest in gold mines in that part of Africa outside of South Africa 12/ 3/04 Noted Mr. Troyer's change of address 0.0 12/22/04 Considered AngloGold Defendants' response to Plaintiffs' third request for production of documents 12/29/04 Attention to AngloGold Defendants' second supplemental response to Plaintiffs' revised first request for production of documents 1/ 5/05 Attention to Plaintiffs' Federal Rules of Evidence Rule 702 ("Rule 702") motion to strike expert opinions of Messrs. Lacy, Thompson, Banta, and Brown (reviewed the attached expert reports in
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

PAGE 10. 0.0 0.00

0.0

0.00

0.1

27.50

0.1

27.50

0.1

27.50

0.0

0.00

0.1

27.50

0.0

0.00

0.00

0.5

137.50

0.2

55.00

Case 1:00-cv-02325-MSK-MEH

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D O N H. S H E R W O O D detail) 1/ 6/05 Worked with and joined AngloGold Defendants on their motion to exclude Plaintiffs' expert witness opinions and their request for evidentiary hearing 1/ 7/05 Brief attention to unopposed motions for enlargement of page limits and noted court Order denying Rule 702 motions 1/13/05 Joined unopposed motion for extension of time to respond to renewed F.R.E. Rule 702 motions 1/18/05 Reviewed and joined all Defendants' renewed motion to exclude Plaintiffs' expert witness opinions and to request an evidentiary hearing (pursuant to Rule 702) 1/19/05 Noted Order granting extension of time to respond to Rule 702 motions 1/25/05 Attention to another notice of intention to sue (this one dated January 22, 2005) from the Plaintiffs 2/ 2/05 Reviewed Plaintiffs' response to the renewed motion to exclude the Plaintiffs' expert witness opinions pursuant to Rule 702 110.00 2/ 3/05 Considered the Plaintiffs' "motion to submit late filed" renewed Rule 702 motion to strike expert opinions of various defense witnesses and reviewed the motion attached thereto, assuming the quoted motion would be granted 0.1 2.8

PAGE 11. 770.00

0.4

110.00

0.0

0.00

27.50

0.4

110.00

0.1

27.50

0.3

82.50

0.4

0.7

192.50

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D 2/ 1/05 Joined Defendants' opposition to Plaintiffs' renewed Rule 702 motion 2/ 4/05 Noted Order regarding compliance with the rules and denying the Plaintiffs' "motion to submit late filed" motion, without prejudice 2/11/05 Noted Plaintiffs' re-submittal 2/17/05 Considered Order setting evidentiary hearing on renewed Rule 702 motions, and Order denying as moot the "motion to submit late filed" motion; noted the March 25th date set for the hearing; reread the rules in preparation for that hearing and in the light of the probability that the Plaintiffs and the AngloGold Defendants will be testing all of the expert witnesses and that there will therefore be rebuttal testimony; collected, therefore, the available rebuttal material

PAGE 12.

0.3

82.50

0.1 0.0

27.50 0.00

0.8

220.00

2/28/05 Considered unopposed motion to reschedule Rule 702 hearing and the Order modifying the date, leaving the pretrial conference set for March 25, 2005, and rescheduling the Rule 702 hearing for June 3, 2005 0.1 3/ 1/05 Reviewed Plaintiffs' notice of objection to Defendants' designation of confidential business information ("CBI"), and noted its application to a number of documents provided by Defendant Golden Cycle; determined with client that Defendant Golden Cycle will defer on this matter to the AngloGold Defendants, which requested the confidential classification in the first instance, and join such motions as the Anglo- Gold Defendants may make (which culminated in the 3/10/05 AngloGold Defendants' unopposed motion to allow return of the documents and the Order of 03/14/05 allowing their return, subject to an express condition 3/11/05 Joined unopposed motion for extension of time within which to submit proposed pre-trial order

27.50

1.2

330.00

0.1

27.50 0.00

3/15/05 Noted Order granting unopposed motion for extension of time 0.0

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

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Document 316

Filed 04/28/2006

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D O N H. S H E R W O O D 3/21/05 Considered detailed Order regarding Defendants' motion for summary judgment and Plaintiffs' motion for partial summary judgment; advised Defendant Golden Cycle of the clear import of this Order determining that all material facts remain in dispute; reminded Mr. Hampton to attend the final pretrial conference at the end of the week

PAGE 13.

1.4

385.00

3/25/05 Completed preparation for and attended, with Mr. Hampton, final pretrial conference in the consolidated cases; read courtroom minutes and noted scheduled dates, particularly with reference to expert witnesses1.3 3/28/05 Considered and advised client of Order referring to the Magistrate Judge both discovery disputes and such settlement conferences and directly related procedures as may facilitate resolution of the case 3/31/05 Further attention to preparation of the pretrial order and other matters covered at the hearing on March 25th 4/ 1/05 Attention to Plaintiffs' two new interrogatories and ten requests for production of documents 4/ 8/05 Joined AngloGold Defendants' brief on elements of claims and defenses, after several extended discussions of the language required by counsel to Golden Cycle, agreeing ultimately to the final language acceptable both to the AngloGold Defendants and to the Defendant Golden Cycle

357.50

0.2

55.00

0.7

192.50

0.4

110.00

1.8

495.00

4/11/05 Received, considered, and studied in detail so much of the Plaintiffs' brief identifying legal authority supporting Plaintiffs' view of the elements of liability as pertain to the issues primarily of concern to the Defendant Golden Cycle; reviewed again material provided by Ms. Carmody concerning the authorities cited 1.9 4/15/05 Noted another Rule 34 request to all Defendants to enter land 0.1 4/25/05 Joined in Notice of Deposition of Mr. James R. Kuipers
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

522.50 27.50

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D O N H. S H E R W O O D scheduled for May 16, 2005 4/27/05 Consulted with counsel for the other Defendants and with the client; prepared Defendant Golden Cycle's responses to Plaintiffs' interrogatories and requests for production of documents 715.00 4/28/05 Reviewed the AngloGold Defendants' responses to Plaintiffs' interrogatories and request for production of documents, entitled "(Remedies)" 4/29/05 Attention to Plaintiffs' first supplemental request for production of documents 4/29/05 Joined AngloGold Defendants' response to the Plaintiffs' Rule 34 Request
FEES FOR SERVICES BILLED AT $ 295.00 HOURLY:

PAGE 14. 0.1 27.50

2.6

0.4

110.00

0.1

27.50

0.2

55.00

5/ 5/05 Studied the Expert Report of Plaintiffs' expert witness, Mr. James R. Kuipers 5/14/05 Noted Change of Address for Messrs. Roger Flynn and Jeffrey C. Parsons. 5/18/05 Studied the Expert Report of the AngloGold Defendants' expert witness, Mr. Kevin W. Conroy 5/27/05 Telephone conversations with Mr. Weiner, counsel to the Plaintiffs, concerning his demand that Defendant Golden Cycle produce for inspection its income tax returns; refused the demand, relying on the precise language of the original request 5/30/05 Considered the AngloGold Defendants' first supplemental response to Plaintiffs' interrogatories and request for production of documents, entitled "(Remedies)"

1.6

472.00

0.0

0.00

0.4

118.00

0.8

236.00

0.1

29.50

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

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D O N H. S H E R W O O D 5/31/05 Prepared and sent Defendant Golden Cycle's responses to Plaintiffs' first supplemental request for production of documents 6/ 1/05 Further telephone discussions with Mr. Weiner regarding the Plaintiffs' request for Golden Cycle's tax returns, and again refused that request 6/ 1/05 Joined the Defendants' unopposed motion for enlargement of page limit for the Rule 702 motion 6/ 1/05 Worked with the AngloGold Defendants on and joined with them in a motion to exclude Plaintiffs' expert witness opinions on remedies pursuant to Rule 702 6/ 2/05 Worked on and joined with the other parties in a joint submission of opinions and challenges to be presented at the Rule 702 hearing on June 3, 2005 6/ 2/05 Considered the AngloGold Defendants' responses to Plaintiffs' first supplemental request for production of documents "(remedies)" 6/ 3/05 Attention to the Plaintiffs' motion to compel production of the Defendants tax returns [# 228 (the first number assigned in these consolidated cases under the new electronic filing system); cf. # 233], giving particular attention to so much thereof as relate specifically to Defendant Golden Cycle's refusal to provide copies of its tax returns; following further telephone discussions and a meeting between Messrs. Sherwood and Weiner in Boulder, a stipulation was reached on June 10, 2005, and sent [#s 240 and 239] that day by Mr. Sherwood to the Clerk for the Magistrate and to the Court's new electronic filing system, respectively, agreeing to the examination of annual corporate reports in Mr. Sherwood's possession in lieu either of providing tax returns or allowing their examination [hereinafter the numbers assigned by the new electronic filing system will not be supplied, though they are from here on, of course, available electronically] 0.1

PAGE 15.

0.9

265.50

0.4

118.00

29.50

0.6

177.00

1.4

413.00

0.1

29.50

3.42 1,008.90

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

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D O N H. S H E R W O O D 6/ 3/05 Received (by hand) the AngloGold Defendants' exhibit list for the hearing today, and attended the courtroom hearing regarding the opinions of Mr. Kenneth Klco, challenged under Rule 702, including the testimony of Mr. Brown in rebuttal, and attended the rulings from the bench; brief conference with other counsel concerning the same 5.3 6/ 4/05 Noted Order granting Defendants' unopposed motion for enlargement of page limit for Rule 702 motion 6/ 7/05 Noted Order denying motions as moot by reason of the joint submission on June 2, 2005 6/20/05 Considered Plaintiffs' response to Defendants' motion to exclude Plaintiffs' expert witness opinions on remedies pursuant to Rule 702 6/21/05 Considered AngloGold Defendants' response to Plaintiffs' motion to compel (Defendant Golden Cycle's position in this having been resolved by stipulation as noted above at June 3, 2005) 8/23/05 Attention to joint witness list and joint exhibit list for the August 24, 2005, Rule 702 hearing 8/24/05 Attended the Rule 702 hearing on the expert opinion of Dr. Ann Maest, and conferred with counsel for the other Defendants at some length regarding this and later hearings 8/26/05 Noted AngloGold Defendants' third supplemental response to Plaintiffs' revised first request to AngloGold Defendants for production of documents in Case I 9/22/05 Read Plaintiffs' hearing brief regarding the admissibility of Mr. Robert Burm's opinions that refer to elements of the law 88.50 9/26/05 Read AngloGold Defendants' response to Plaintiffs' hearing
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

PAGE 16.

1,563.50

0.0

0.00

0.0

0.00

0.3

88.50

0.2

59.00

0.1

29.50

6.3

1,858.50

0.0

0.00

0.3

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D O N H. S H E R W O O D brief regarding Mr. Robert Burm 9/27/05 Attended courtroom argument on the admissibility of the opinion evidence of Mr. Burm 9/29/05 Read the Plaintiffs' notice of supplemental authority extracted from the decision of the Court of Appeals in the El Paso case, said to be legal authority supporting the Plaintiffs' position on elements of liability 10/11/05 Read the Final Pretrial Order, together with the attachments thereto 10/27/05 Joined the AngloGold Defendants in the joint witness list and joint exhibit list for the October 27-28, 2005, Rule 702 hearing 11/ 5/05 Read the transcripts of the October 27-28, 2005, Rule 702 hearings, which Mr. Sherwood (who was in Texas) did not attend 11/ 5/05 Joined in the Defendants' objections to the Final Pretrial Order and considered the Plaintiffs' objections to that Order 11/15/05 Attended Final PreTrial Conference, during which attendance by Mr. Hampton as a witness for the Defendant Golden Cycle was suggested and agreed to; bifurcation of the liability and remedies portions of the trial was ordered, with trial on the former set to begin February 13, 2006; pending motions on remedies deferred until after the conclusion of the liability phase, and a revised Final Pretrial Order required by November 25, 2005; attention thereafter to Minute Order scheduling settlement conference for December 20, 2005, before the Magistrate Judge, and to a similar order scheduling an additional settlement conference on January 5, 2006 (later re-set to January 9, 2006) 11/16/05 Read Order granting in part and denying in part the parties' joint motion under Rule 702 as to the admissibility of the opinions of Mr.
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

PAGE 17. 0.2 59.00

1.0

295.00

0.2

59.00

0.9

265.50

0.1

29.50

1.9

560.50

0.6

177.00

1.5

442.50

Case 1:00-cv-02325-MSK-MEH

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D O N H. S H E R W O O D Robert Burm 11/16/05 Considered Order granting motion to compel [# 228], with conditions, postponing compliance until after a determination of liability; determined that this does not apply to Golden Cycle insofar as the motion to compel was resolved by stipulation [#s 240 and 239] between Plaintiffs and Defendant Golden Cycle 12/ 1/05 Received and reviewed Amended Final Pretrial Order, including the exhibit and witness lists attached thereto, and determined which ones of each affect the Defendant Golden Cycle; commenced and completed collection of exhibits which might be required 12/20/05 Attended the first scheduled settlement conference in behalf of the Defendant Golden Cycle 12/22/05 Agreed in behalf of Defendant Golden Cycle to stipulation with the Plaintiffs as to when and subject to what conditions the testimony of Mr. Hampton as Golden Cycle's witness would be scheduled out-of-order, and allowed electronic signature to be affixed thereto so that the document can be filed by Mr. Weiner 1/ 9/06 Attended the second scheduled settlement conference in behalf of the Defendant Golden Cycle (save for part of which Mr. Sherwood instead attended an argument on a case pending in the Tenth Circuit Court of Appeals involving a matter in which he previously participated in extensive legal proceedings) 1/23/06 Attention to motion concerning presentation of testimony by telephone with respect to certain standing-to-sue questions (as to subsequent work on the same issue, Mr. Sherwood was not involved) 1/31/06 Studied Amended Final Pretrial Order and continued work on assembly of exhibits for use in connection with the defense of Golden Cycle 0.4

PAGE 18. 118.00

0.1

29.50

2.3

678.50

1.2

354.00

0.6

177.00

6.0

1,770.00

0.1

29.50

1.8

531.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

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D O N H. S H E R W O O D

PAGE 19.

2/ 3/06 Limited attention to motion and order concerning legal representation in these proceedings of certain state officials (motion for protective order and order granting that motion as unopposed by the parties) 2/ 4/06 Passing attention to stipulation between the Plaintiffs and the AngloGold Defendants as to testimony of certain employees and exemployees 2/ 5/06 Read Plaintiffs' Trial Brief, giving extra consideration to the portions thereof (Parts XIII and XIV) of particular importance to the Defendant Golden Cycle; considered and re-read notes made previously with respect to cases cited therein, as the first step toward final trial preparation 2/ 6/06 Noted retirement of Magistrate Judge Schlatter and his replacement by Magistrate Judge Hegarty (in the future responsible for references with respect to this case) 2/10/06 Attention to requested Glossary for use by the reporter

0.1

29.50

0.1

29.50

2.7

796.50

0.1

29.50

0.1 2/10/06 Brief attention to Defendant AngloGold's effort to seal certain documents (which are of importance to Golden Cycle as well)

29.50

0.1

29.50

2/10-11/06 Reconsidered Tenth Circuit authority, particularly the recent El Paso case and the earlier Earth Sciences case, together with the Beartooth Alliance case in the Montana District, and assembled all the authorities for ready use during the trial; reviewed the Plaintiffs' various approaches over time to the discharge, ownership, operatorship, and ability to prevent or correct issues, which apply only to the Defendant Golden Cycle because subsumed as to the other defendants, and assembled the material necessary to anticipate evidence on these issues 4.4 2/11-12/06 Revised and condensed evidence outlines to arrange appropriate responses to incremental testimony asserting participation
THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

1,298.00

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Page 20 of 23

D O N H. S H E R W O O D by the Defendant Golden Cycle in operations, and to anticipate possible false or misleading testimony on issues of the kind resolved in the Tenth Circuit Raytheon Constructors v. ASARCO case; returned to the issues important to all defendants and particularly the AngloGold Defendants, outlining areas in which Defendant Golden Cycle can, if necessary, produce or induce testimony, introduce exhibits and crossexamine effectively 2/12/06 Outlined opening statement; went through the exhibits in detail, noting objections which could be made, but concluding that no exhibits, including those which have been marked confidential, should be excluded, since none impugn either the Defendant Golden Cycle or its personnel; made a concise outline of the minimum testimony required of Mr. Hampton, to serve as the deskpad during trial 2/13/06 Courtroom appearance for the first day of trial, participating in opening statements and concentrating on the testimony of the Plaintiffs' first witness, Mr. Lewis. 2/14/06 Courtroom appearance for the second day of trial, participating in stipulating to exhibits and in evaluation of Court Exhibit 1 as to the elements controlling the case 2/15/06 Courtroom appearance for the third day of trial, during which the testimony of Mr. Lewis continued, followed by cross-examination by Mr. Troyer 2/16/06 Courtroom appearance for the fourth day of trial, during which the cross-examination of Mr. Lewis continued, followed by redirect examination by Mr. Barth; Mr. Hampton appeared as a witness in behalf of the Defendant Golden Cycle, out-of-order pursuant to agreement, examination by Mr. Sherwood, followed by Mr. Barth; after which the direct examination of Mr. Myers ensued, followed by crossexamination by Mr. Troyer

PAGE 20.

6.3

1,858.50

5.1

1,504.50

2.5

737.50

6.5

1,917.50

8.0

2,360.00

8.7

2,566.50

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

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D O N H. S H E R W O O D 2/16/06 Conference with Mr. Hampton regarding expectations for the remainder of the trial which will occur while he is in Mexico 2/17/06 Courtroom appearance for the fifth day of trial, during which cross- and redirect-examination of Mr. Myers resumed; after that, numerous witnesses were examined by Plaintiffs's counsel, some of them associated with the AngloGold Defendants 2/21/06 Courtroom appearance for the sixth day of trial, during which witnesses appeared at the Plaintiffs' request 2/22/06 Courtroom appearance for the seventh day of trial, during which the remainder of the Plaintiffs' witnesses appeared, after which the Plaintiffs rested; after a motion for a directed verdict, the AngloGold Defendants called two witnesses and rested; after a recess, the plaintiffs advised the Court that there would be no rebuttal witnesses, and the Court took the matter under advisement, having ruled that closing arguments and each party's proposed findings of fact would be submitted in writing by March 6, 2006 2/22/06 Following the adjournment of the trial, worked with counsel to correct as necessary and affirm the assembly of all the exhibits with court personnel 2/27/06 Reviewed the exhibits which form the basis for the written evidence before the Court, and isolated those exhibits which must be covered in the closing papers, noting specifically the points to which they apply 2/28/06 Worked on the fact statements which specifically apply to the Defendant Golden Cycle

PAGE 21.

1.2

354.00

7.5

2,212.50

3.7

1,091.50

5.5

1,622.50

1.5

442.50

4.8

1,416.00

3.2

944.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

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D O N H. S H E R W O O D 3/ 1/06 Worked on the closing argument for the Defendant Golden Cycle, beginning with the draft of an oral argument which had been outlined, off and on, over the course of the trial; re-cast the arguments for presentation in writing and updated library research through the present 5.0 3/ 2/06 Continued updating library research in the light of the Plaintiffs' failure to implicate the Defendant Golden Cycle in the operations and discharges 3/ 3/06 Began drafting a new argument to suit written rather than oral presentation and organized the material to be cited therein 855.50 3/ 4/06 Sorted and fit exhibit references into the argument and began work on the testimony references 3/ 5/06 Re-drafted and edited the argument and completed the proposed statement of facts required by the Defendant Golden Cycle 3/ 6/06 Attended to coordination with counsel for the AngloGold Defendants, particularly with respect to the proposed fact statements and reviewed the AngloGold drafts; supplied the Defendant Golden Cycle's drafts to AngloGold counsel and reviewed their drafts; completed the Golden Cycle papers; forwarded Golden Cycle's final fact statements to the other defense counsel and as and when appropriate, filed the Golden Cycle closing argument electronically; downloaded and reviewed the Plaintiffs' filings and, ultimately, the AngloGold Defendants' filings 3/ 7/06 Left for Texas and while there, over the course of several days, read all the materials filed on March 6th 3/17/06 Noted the Defendant's notice of clarification concerning the proposed findings of fact 4/13/06 Read the Memorandum Opinion and Order, and noted the Judgment filed in the Court

PAGE 22.

1,475.00

3.6

1,062.00

2.9

1.7

501.50

4.2

1,239.00

9.6

2,832.00

0.0

0.00

0.0

0.00

0.0

0.00

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE

Case 1:00-cv-02325-MSK-MEH

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D O N H. S H E R W O O D

PAGE 23. __________ __________ 287.2 80,285.90 110.00 __________ $ 110.00 __________ $ 80,395.90 110.00 __________ $ 110.00 __________ $ 85,573.40

TOTAL FEES FOR THIS PERIOD

DISBURSEMENTS (Hampton testimony transcript: Mr. Zuckerman) TOTAL CURRENT DISBURSEMENTS TOTAL CURRENT FEES AND DISBURSEMENTS CLIENT PAYMENTS AND CREDITS FROM GOLDEN CYCLE TOTAL CLIENT PAYMENTS AND CREDITS TOTAL DUE NET OF PAYMENTS AND CREDITS

THIS STATEMENT IS DUE UPON RECEIPT AND DOES NOT INCLUDE FEES OR DISBURSEMENTS AFTER THE STATEMENT-THROUGH DATE