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

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

Document 290

Filed 02/14/2006

Page 1 of 2

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 14, 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 Two 8:22 a.m. Court in session Robert Troyer Gene Riordan Don Sherwood Counsel: John Barth Randall Weiner

The plaintiffs request time to complete list of stipulated facts. 8:24 a.m. 10:17 a.m. Court in recess. Court in session.

Plaintiff reads list of stipulated exhibits into the record. EXHIBITS: Received: The Court conditionally receives the following stipulated exhibits: 1; 2; 3; 5; 20; 23; 32; 31; 33; 34; 57; 63; 73; 76; 81, page 3; 95; 100, Bates Nos. 3172 through 3173; 106;120;121; 149; 150; 155; 172; 173; 176; 182; 186; 187; 188; 189; 190; 200; 202; 213; 215; 217; 218; 221; 222; 223; 224; 226; 227; 228; 230; 240; 246; 253; 254; 279; 282; 295; 299; 300; 301; 302; 304; 305; 320; 367; 373; 378; 379; 380; 381; 405; 421; 422; 423; 500; 502; 503; 506; 507; 509; 510; 511; 512; 513; 514; 515; 516; 518; 520; 521; 522, Bates numbers CCVRB533 through 567; 528; 529; 530; 531; 533; 534; 535; 536; 539; 541; 543; 544; 549; 550; 551; 553; 555; 561; 562, the first three pages; 564; 565; 570; 571; 572; 574; 575; 583; 585; 586; 587; 593; 594; 595; 596; 597; 598; 600; 603. All videotapes will be with video only, and there is no stipulation as to audio at this point. Exhibits 57 and 93 with the exception that they're not to be used to prove liability under Federal Rules of Evidence 408 but plaintiffs reserve the right to argue that they should be admitted for any purposes. If the exhibits are not referred to in testimony or in argument, the Court will exclude them as not being relevant.

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

Document 290

Filed 02/14/2006

Page 2 of 2

The plaintiff requests more time to work on stipulated facts. 10:35 a.m. 2:09 a.m. Court in recess. Court in session.

The Court reviews the Summary of Claims and Elements, marked as Court Exhibit 1 with the parties. The parties request time to review Court Exhibit 1. 2:11 p.m. 2:52 p.m. Court in recess. Court in session

The Court further reviews Court Exhibit 1 with the parties. Continued direct examination of Mr. Lewis by Mr. Barth. EXHIBITS: Received: Last page of Exhibit 243 and Bates stamped page 4473 in Exhibit 243; Bates stamped pages 4799, 4800, 4801, 4803, 4804, 4807, and 4808 of exhibit 291; 278. The Court receives Bates pages 4451 through 4457 of exhibit 238, not for the truth of the matter asserted but simply for the fact that these documents were issued. Exhibit 305; 252; Bates page 4492 of Exhibit 247; Bates stamp pages 3055, 3056, 3057, 3058 of Exhibit 97; Rejected: 292 4:53 p.m. Court in recess.

Total Time: 2 hours 23 minutes. Bench Trial continued.