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

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

Document 294

Filed 02/17/2006

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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 17, 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 Five 8:13 a.m. Court in session. Robert Troyer Gene Riordan Don Sherwood Counsel: John Barth Randall Weiner Roger Flynn

Continued cross examination of Mr. Myers by Mr. Troyer. Redirect examination of Mr. Myers by Mr. Barth. EXHIBITS: Rejected: The Court accepted and admitted all the stipulated exhibits subject to a demonstration of relevance, the Court does not find exhibit 1 to be independently relevant and therefore declines to receive exhibit 1 at this juncture. Witness sworn, for the plaintiff: Kenneth Klco : 9:03 a.m. Direct Examination by Mr. Barth. Cross examination of Mr. Klco by Mr. Troyer. EXHIBITS: Received: 130 on stipulation between the parties. Redirect examination of Mr. Klco by Mr. Barth. 10:03 a.m. 10:25 a.m. Court in recess. Court in session.

Witness sworn, for the plaintiff: Jeff Pontius : 10:26 a.m. Direct Examination by Mr. Weiner.

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

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EXHIBITS: Received: Bates page 4214 of exhibit 214; 216 Cross examination of Mr. Pontius by Mr. Troyer. Redirect examination of Mr. Pontius by Mr. Weiner. Mr. Barth reads stipulations to exhibits into the record. EXHIBITS: Received: Exhibits 21, 23, 280, 290, Bates stamp 4803 through 4809 of exhibit 291, and Exhibit 294 are conditionally received. They are received on condition of demonstration of relevance either by is reference to these documents in the testimony or in the argument. Short of that, the Court will not know what portion or if any portion is relevant and therefore won't consider them Witness sworn, for the plaintiff: Jerry Bateman : 11:09 a.m. Direct Examination by Mr. Barth. EXHIBITS: Received: Bates page 6201 of exhibit 395 11:55 a.m. 1:14 p.m. Court in recess. Court in session.

EXHIBITS: Received: Counter numbers (calculated off the courtroom VCR) 4:44 to 6:03 of exhibit 1. Continued direct examination of Mr. Bateman by Mr. Barth EXHIBITS: Received: 412, 417, 183. Cross examination of Mr. Bateman by Mr. Troyer. Redirect examination of Mr. Bateman by Mr. Barth. EXHIBITS: Received: Bates pages 3548-3551, 3558, 3559, 3561-3563, 3565 of exhibit 143. 2:24 p.m. 2:48 p.m. Court in recess. Court in session.

Witness sworn, for the plaintiff: David Akers : 2:46 p.m. Direct Examination by Mr. Barth. EXHIBITS: Rejected: Bates pages 2068-2070 of exhibit 56; Bates pages 2203-2212 of exhibit 71. Received: Bates pages 2072, 2073, 2074 of exhibit 56 are received as a statement of the law pertinent to issues before the Court; Exhibit 51 is received conditionally on the proffer of counsel that it is so factually similar to the facts in this case that it is relevant. However, should it ultimately be determined that the facts associated with new cardinal L.L.C.'s permit are not sufficiently similar to the facts presented in this is case, this becomes irrelevant. Cross examination of Mr. Akers by Mr. Troyer. Redirect examination of Mr. Akers by Mr. Troyer.

Case 1:00-cv-02325-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 3 3:45 p.m. Court in recess.

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Filed 02/17/2006

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Total Time: 5 hours 27 minutes. Bench Trial continued.