Free Response to Motion - District Court of Colorado - Colorado

Case 1:03-cv-02504-REB-CBS

Document 125-2

Filed 10/06/2006

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DISTRICT COURT, COUNTY OF SAGUACHE, STATE OF COLORADO 4th and Christy Saguache, Colorado 81149 Plaintiff: VACA PARTNERS, L.P. v. Defendants: GARY BOYCE; STOCKMAN'S WATER COMPANY, LLC; and BOYCE LAND & CATTLE COMPANY, LLC. and Third Party Plaintiffs: GARY BOYCE and STOCKMAN'S WATER COMPANY, LLC v. Third Party Defendant: PETER HORNICK Attorneys for Plaintiff Vaca Partners, L.P.: Name(s): Stanley L. Garnett, #12282 Annie T. Kao, #34219 BROWNSTEIN HYATT & FARBER, P.C. 410 Seventeenth Street Twenty-Second Floor Denver, Colorado 80202-4437 303.223.1100 303.223.1111 [email protected] [email protected] PLAINTIFF'S INITIAL DISCLOSURES

COURT USE ONLY Case Number: 2005-CV-45 Div.: 2 Ctrm.: 2

Address:

Phone Number: FAX Number: E-mail:

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Plaintiff Vaca Partners, L.P. ("Vaca"), by and through its attorneys, Brownstein Hyatt & Farber, P.C., hereby submits its Initial Disclosures pursuant to C.R.C.P. 26(a)(1). Vaca reserves the right to supplement these disclosures as new information becomes available during the course of discovery. By providing these disclosures, or documents accompanying these disclosures, Vaca does not waive any privilege or immunity, including but not limited to, the attorney-client privilege or work product immunity. A. The name, address and telephone number of each individual who may have discoverable information relevant to disputed facts alleged with particularity in the pleadings and the subjects of the information:

1. Jason Fish, Vaca Partners, L.P., One Maritime Plaza, Suite 1325, San Francisco, CA 94111, (415) 421-2132. Mr. Fish may have information relevant to Vaca and the Agreements at issue in this case. 2. Thomas Steyer, Vaca Partners, L.P., One Maritime Plaza, Suite 1325, San Francisco, CA 94111, (415) 421-2132. Mr. Steyer may have information relevant to Vaca and the Agreements at issue in this case. 3. Mark Wehrly, Farallon Capital Management, LLC, One Maritime Plaza, Suite 1325, San Francisco, CA 94111, (415) 421-2132. Mr. Wehrly may have information relevant to Vaca and the Agreements at issue in this case. 4. Andrew Fremder, Vaca Partners, L.P., One Maritime Plaza, Suite 1325, San Francisco, CA 94111, (415) 421-2132. Mr. Fremder may have information relevant to the First Amendment to Basic Agreement at issue in this case. 5. Gary Boyce, 17425 County Road 66-T, Moffat, CO 81143, telephone number unknown. Mr. Boyce may have information relevant to Stockman's Water Company, LLC ("Stockman's"), Boyce Land & Cattle Company, LLC, and the Agreements at issue in this case. 6. Peter Hornick, 1777 West 83rd, Suite 5N, New York, NY 10024, telephone number unknown. Mr. Hornick may have information relevant to the general allegations forming the background of Vaca's Indemnification claim. 7. John Lubitz, Esq., Hale Hackstaff Tymkovich, LLP, Hale Hackstaff Tymkovich, LLP, 1430 Wynkoop Street, Suite 300, Denver, Colorado 80202, (720) 904-6000. Mr. Lubitz may have information relevant to the Agreements at issue in this case. 8. Mark Burget, The Nature Conservancy, 1244 Pine Street, Boulder, Colorado 80302, (303) 444-2950, Ext. 110. Mr. Burget may have information relevant to The Nature Conservancy's purchase of the Baca Ranch and the subsequent transfer of the Baca Ranch to the U.S. Department of Interior.

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9. Nancy Fishbein, The Nature Conservancy, 1244 Pine Street, Boulder Colorado 80302, (303) 444-2950. Ms. Fishbein may have information relevant to The Nature Conservancy's purchase of the Baca Ranch and the subsequent transfer of the Baca Ranch to the U.S. Department of Interior. 10. Curt Menefee, Esq., U.S. Department of Interior, 1849 C Street, NW, Washington, D.C. 20240, (202) 208-3100. Mr. Menefee may have information relevant to the transfer of the Baca Ranch to the U.S. Department of Interior. 11. Michael Nash, Nash-Johnson Associates, Inc., 4045 South Broadway, Suite 204, Englewood, Colorado 80110, (303) 761-6103. Mr. Nash may have information relevant to the Baca Ranch and information he has provided regarding the Baca Ranch. 12. William Paddock, Esq., Carlson Hammond & Paddock, LLC, 1700 Lincoln Street, Suite 3900, Denver, CO 80203, (303) 861-9000. Mr. Paddock may have information relevant to the factual history of attempts to export water from the Baca Ranch. 13. Leo Eisel, Ph.D., P.E., Brown and Caldwell, 1697 Cole Boulevard, Suite 200, Golden, CO (303) 274-8040. Mr. Eisel may have information relevant to the Baca Ranch and information he has provided regarding the Baca Ranch. 14. disclosures. B. All other individuals or entities identified by the other parties in their C.R.C.P. 26

A listing or description by category and location of all documents, data compilations and tangible items in possession, custody or control of the Parties that are relevant to the disputed facts alleged with particularity in the pleadings:

The following categories of documents are available for inspection and copying at a mutually agreeable time at the offices of Brownstein Hyatt & Farber, P.C. Vaca reserves the right to identify additional documents, data compilations, and tangible things as discovery progresses. 1. 2. 3. 4. 5. 6. 7. Cabeza de Vaca Land & Cattle Co., LLC Operating Agreement, dated 4/6/95. Cabeza de Vaca Land & Cattle Co., LLC Basic Agreement, dated 4/6/95. First Amendment to Basic Agreement, dated 5/31/95. Settlement Agreement and Mutual General Release, dated 8/15/01. License Agreement, dated 7/16/02. First Amendment to License Agreement, dated 12/31/02. Second Amendment to License Agreement, dated 1/31/03. 3

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8. 9. 10. 11.

Third Amendment to License Agreement, dated 2/28/03. Fourth Amendment to License Agreement, dated 3/31/03. Fifth Amendment to License Agreement, dated 1/6/04. Correspondence between the parties.

12. Documents regarding Baca Ranch real property taxes and fees from the State of Colorado Board of Land Commissioners. 13. All other documents, data compilations, and tangible things identified by the Plaintiff in his C.R.C.P. 26(a)(1) disclosures. C. A description of the categories of damages sought and a computation of any category of economic damages claimed by the disclosing party, making available for inspection and copying pursuant to C.R.C.P. 34 the documents or other evidentiary material, not privileged or protected from disclosure, as though a request for production of those documents had been served pursuant to C.R.C.P. 34: 1. 2. 3. 4. D. Indemnity Claim: approximately $700,000. License Agreement Claim: approximately $500,000. Pre- and Post-Judgment Interest on each claim. Reasonable attorneys fees and costs incurred by Vaca in this action.

Any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of the judgment which may be entered in the action, or to indemnify or reimburse for payments made to satisfy the judgment making such agreement available for inspection and copying pursuant to C.R.C.P. 34: Vaca is unaware of any applicable insurance agreement. Respectfully submitted this 17th day of November, 2005.

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BROWNSTEIN HYATT & FARBER, P.C. By: /s/ Annie T. Kao on file Stanley L. Garnett, #12282 Annie T. Kao, #34219

ATTORNEYS FOR PLAINTIFF VACA PARTNERS, L.P.

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CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 17th day of November, 2005, a true and correct copy of the foregoing PLAINTIFF'S INITIAL DISCLOSURES was served via Courtlink to: Allan L. Hale, Esq. John G. Lubitz, Esq. Robert T. Hoban, Esq. Hale Friesen, LLP 1430 Wynkoop Street, Suite 300 Denver, Colorado 80202 [email protected] Robert J. Bruce, Esq. Lawlis & Bruce, LLC 1875 Lawrence Street, Suite 750 Denver, Colorado 80202

__________/s/_________________________ Catherine Olguin

8263\5\947099.2

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