Free Pretrial Conference - Final - District Court of Colorado - Colorado

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

Document 260

Filed 11/15/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Kathy Preuitt-Parks and Robert R. Keech Court Reporter: Paul Zuckerman Date: November 15, 2005

Civil Action No. 00-cv-02325 MSK-OES and 01-cv-02307-MSK Parties: SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK and VICTOR GOLD MINING COMPANY, et al, Robert Troyer Eugene Reardon Don Sherwood Counsel: Jeffrey Parsons John Barth

Defendants.

COURTROOM MINUTES

HEARING: Final Pretrial Conference 8:38 a.m. Court in session.

Argument on bifurcation. ORDER: The Court finds that bifurcation is appropriate for purposes of trial.

Discussion regarding trial setting and length of trial. ORDER: A two week Bench Trial is set for February 13, 2006 at 1:00 p.m. in Courtroom A901, 901 19th Street, Denver, Colorado.

Court addresses objections to the Final Pretrial Order.

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

Document 260

Filed 11/15/2005

Page 2 of 2

Courtroom Minutes 00-CV-02325-MSK-OES and 01-CV-02307-MSK - Judge Marcia S. Krieger Page 2

ORDER:

The Court treats the objections in the Final Pretrial Order that pertain to a statement of the elements to be proved as a motion for reconsideration and denies them.

Discussion regarding objections to claims in the case. ORDER: Revised Final Pretrial Order, including the appropriate modifications, consistent with the Court' ruling is due November 25, 2005. The parties can with regard s to those changes that have required a slight change in designation of witnesses and exhibits put it on their witness and exhibit list. The parties do not need to file a motion to further modify. Robert R. Keech begins as Courtroom Deputy.

9:35 a.m.

Argument on pending motions. ORDER: The Court defers any response to this discovery until after the liability phase of the case has been concluded. Production will be made within 30 days of any rulings by the Court as to liability upon (1) a showing that the defendants claim an inability to pay a penalty or plaintiffs contend they are unable to pay a penalty and such disclosure will be made subject to the protective order that has been previously approved by the Court. Defendants' Motion to Exclude (Doc. #231) is denied as premature and in the event of a liability determination allow the same 30-day period for renewal of the motion as a joint motion.

ORDER:

Discussion regarding final pretrial order, the Court' procedures for trial, and the use of s demonstrative exhibits and aids at trial. Court' remarks regarding trial procedures and the possibility of this trial being reset due to s another trial setting. 10:07 a.m. Court in recess.

Total Time in Court: 1 hour 39 min Hearing Concluded