Free Bench Trial - Completed - District Court of Colorado - Colorado

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

Document 298

Filed 02/22/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Date: February 22, 2006

Civil Action No. 00-cv-02325-MSK-MEH (consolidated with 01-cv-02307-MSK-MEH) Parties: SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, ANGLOGOLD ASHANTI NORTH AMERICA, INC., and GOLDEN CYCLE GOLD CORPORATION, Defendants. COURTROOM MINUTES HEARING: Bench Trial Day Seven 8:18 a.m. Court in session. Robert Troyer Gene Riordan Don Sherwood Counsel: John Barth Randall Weiner

Witness sworn, for the plaintiff: Robert J. Burm : 8:19 a.m. Direct Examination by Mr. Barth. EXHIBITS: Received: The Court receives exhibit 71, Bates 2203 through 2212, solely as a policy statement, not as evidence of whether regulation was appropriate or not. Cross examination of Mr. Burm by Mr. Troyer. Witness sworn, for the plaintiff: Kirby Brian Hughes: 9:08 a.m. Direct Examination by Mr. Weiner. Cross examination of Mr. Hughes by Mr. Troyer. Redirect examination of Mr. Hughes by Mr. Weiner. 10:04 a.m. 10:24 a.m. Plaintiffs rest. Defendants move for a directed verdict under Rule 52(c). Response by the plaintiffs. Court in recess. Court in session.

Case 1:00-cv-02325-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2 Reply by the defendants.

Document 298

Filed 02/22/2006

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The Court declines to render a ruling on the Rule 52(c) motion at this time until the close of all the evidence. Witness recalled, for the defendant: Scott Lewis : 11:10 a.m. Direct Examination by Mr. Troyer. Witness recalled, for the defendant: Jerry Bateman : 11:17 a.m. Direct Examination by Mr. Troyer. Cross examination of Mr. Bateman by Mr. Barth. Redirect examination of Mr. Bateman by Mr. Troyer. Defendants rest. 11:22 a.m. 1:38 p.m. Court in recess. Court in session.

The plaintiffs advise the court there will not be rebuttal. The defendant' advise the Court that they move to reopen the evidence. s ORDER: Written closing arguments and each party's proposed findings of fact shall be due by March 6, 2006. If the parties seek to have the Court consider newly discovered evidence they can move to do so. The Court anticipates that it's the defendants that will so move and the plaintiffs will have 48 business hours to respond to the request to consider newly discovered evidence.

The Court takes the matter under submission. 1:46 p.m. Court in recess.

Total Time: 2 hours 52 minutes. Bench Trial concluded.