Free Oral Argument Hearing - District Court of Colorado - Colorado

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

Document 247

Filed 09/27/2005

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IN THE UNITED S TATES DIS TRICT COURT FOR THE DIS TRICT OF COLORADO HONORABLE MARCIA S . KRIEGER Courtroom Deputy: M aureen Nelson Court Reporter: Paul Zuckerman Date: September 27, 2005

Civil Action No. 00-cv-02325-M SK-OES (consolidated with 01-cv-02307-MSK-OES) Parties: SIERRA CLUB and M INERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD M INING COM PANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, ANGLOGOLD ASHANTI NORTH AM ERICA, INC., and GOLDEN CYCLE GOLD CORPORATION, Defendants. Bob Troyer Don Sherwood Counsel Appearing: John Barth Randall Weiner

COURTROOM MINUTES

HEARING: Continued 702 Hearing 4:11 p.m. Court in session.

Argument on the six opinions of M r. Brum which are challenged by the defense as opinions that are precluded because they are legal conclusions. Ruling by the Court. Oral findings and conclusions of law are made of record and incorporated herein.

Case 1:00-cv-02325-MSK-MEH Courtroom M inutes Judge M arcia S. Krieger Page 2

Document 247

Filed 09/27/2005

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ORDER:

The Court concludes that the components of the opinion pertaining to M r. Burm's past experience with the EPA and even his opinion as to what might have happened had these particular conditions been observed by him in the course of his employment by the EPA would be admissible; but he may not opine as to whether the conditions he currently or he has recently observed are the subject of regulation, are navigable waters, or constitute a point source for satisfaction of this particular element of the plaintiff's case. A rule 702 hearing is set to begin October 27, 2005 at 4:00 p.m. and concluding on October 28, 2005 at 4:00 p.m. in Courtroom A901, 901 19th Street, Denver, Colorado. Court in recess.

ORDER:

5:11 p.m.

Total Time: 1 hour Hearing concluded