Free Stipulation - District Court of Colorado - Colorado

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

Document 280

Filed 02/03/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 00-cv-2325-MSK-OES SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORP., ANGLOGOLD ASHANTI NORTH AMERICA INC. and GOLDEN CYCLE GOLD CORPORATION Defendants. and Civil Action No. 01-cv-2307-MSK-OES SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, et al., ANGLOGOLD ASHANTI (COLORADO) CORP., ANGLOGOLD ASHANTI NORTH AMERICA INC. and GOLDEN CYCLE GOLD CORPORATION Defendants. ____________________________________________________________________________ STIPULATION BETWEEN PLAINTIFFS AND THE "ANGLOGOLD DEFENDANTS" CONCERNING THE TESTIMONY OF CERTAIN EMPLOYEES AND EXEMPLOYEES _____________________________________________________________________________ Plaintiffs Sierra Club and Mineral Policy Center and Defendants Cripple Creek and Victor Gold Mining Company, AngloGold Ashanti (Colorado) Corp., and AngloGold Ashanti

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

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North America, Inc. (the "AngloGold Defendants"), by and through counsel, hereby enter into the following stipulation: 1. In lieu of the issuance of subpoenas to Jerry Bateman, Scott Lewis, Lawrence

Myers, Dave Vardiman, Timm Comer, Peter O'Connor, Don Ewigleben, and Jeff Pontius, Robert C. Troyer, counsel for the AngloGold Defendants, agrees to produce them for examination at the trial in this matter, as requested pursuant to paragraph 3 below, during the weeks of February 13, 2006 and February 20, 2006. However, Mr. Pontius will be produced only during February 13 through February 16, 2006. Don Ewigleben will be produced only during February 21 through February 24, but, in light of his unavailability during the first week of trial, may be called for Plaintiffs' case-in-chief and for rebuttal, even if out of the normal sequence of the proceeding. The AngloGold Defendants shall be responsible for all witness fees, mileage, and other applicable reimbursements due to those witnesses for their appearance at trial. 2. In lieu of the issuance of a subpoena to John Hardaway, Robert C. Troyer,

counsel for the AngloGold Defendants, agrees to produce him without a subpoena for examination at the trial in this matter. Mr. Hardaway will be produced during the week of February 13, 2006, as requested pursuant to paragraph 3 below. Plaintiffs shall be responsible for all witness fees, mileage, and other applicable reimbursement to Mr. Hardaway for his appearance at trial. 3. Plaintiffs agree to provide notice to Mr. Troyer by no later than 4:00 p.m. on the

business day before each of the above individuals is required to be present to testify, however, for those employees whose main office is in Victor, Colorado, Plaintiffs will provide notice to

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Mr. Troyer by no later than 3:00 p.m. on the business day before the day the individuals' testimony is sought. Dated this 3rd day of February, 2006.

Respectfully submitted: LAW OFFICES OF RANDALL M. WEINER, P.C. s/ Randall M. Weiner ________________________________ 1942 Broadway, Suite 408 Boulder, CO 80302 Telephone: 303-938-3773 [email protected] ATTORNEYS FOR PLAINTIFF ATTORNEYS FOR THE ANGLOGOLD DEFENDANTS HOGAN & HARTSON L.L.P.

s/ Robert C. Troyer ________________________________ 1200 17th Street, Suite 1500 Denver, CO 80202 Telephone: 303-899-7333 Facsimile: 303-899-7333 [email protected]

CERTIFICATE OF SERVICE I hereby certify that on this 3rd day of February, 2006, I electronically filed the foregoing STIPULATION BETWEEN PLAINTIFFS AND THE "ANGLOGOLD DEFENDANTS" CONCERNING THE TESTIMONY OF CERTAIN EMPLOYEES AND EXEMPLOYEES with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected] Eugene Riordan Vranesh & Raisch P.O. Box 871 Boulder, CO 80306 [email protected] Craig R. Carver Carver, Kirchhoff, Schwartz McNab & Bailey, P.C. 1600 Stout Street, Suite 1700 3 [email protected] Don H. Sherwood 10861 West 28th Place Denver, CO 80215 [email protected] Robert C. Troyer Hogan & Hartson L.L.P. 1200 17th Street, #1500 Denver, CO 80202

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Denver, CO 80202 [email protected] John M. Barth P.O. Box 409 Hygiene, CO 80533

[email protected] Roger Flynn Jeff Parsons Western Mining Action Project P.O. Box 349 Lyons, CO 80540

s/ Randall M. Weiner ________________________________

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