Free Response - District Court of Colorado - Colorado

Case 1:01-cv-02163-BNB-MEH Document 271-10 Filed 12/02/2005 Page 1 of of 2 Case 1:01-cv-02163-PAC-OES Document 158 Filed 07/12/2007 Page 1 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Patricia A. Coan Civil Action No. 01-cv-02163-PAC-OES Date: December 2, 2005 SIERRA CLUB, and MINERAL POLICY CENTER, Plaintiffs, v. EL PASO GOLD MINES, Defendant. Stephen Donnell Harris FTR - PAC COURTROOM A-501 Deputy Clerk: Ben Van Dyke John M. Barth

COURTROOM MINUTES / MINUTE ORDER Status Conference 8:36 a.m. Court in session.

Court calls case. Appearances of counsel. Discussion with Mr. Barth concerning the status of the case and Plaintiffs' current position. Discussion with Mr. Harris regarding Defendant' planned petition for writ of certiorari. s Mr. Harris states that the petition for writ will be filed in January and that the State of Colorado has stayed its proceedings against the Defendant. ORDERED: All judgments are Vacated pursuant to the ruling of the Tenth Circuit Court of Appeals. The case will be stayed when the writ of certiorari is filed pending a ruling on the petition for writ of certiorari. Motions relating to evidence and experts will be filed by May 1, 2006. Responses to motions are due by May 20, 2006, and Replies are due by May 31, 2006. A two week trial to Court is set to begin at 8:30 a.m. July 31, 2006 through August 11, 2006. Any Daubert hearings will be held July 31, 2006 to August 2, 2006.

ORDERED:

ORDERED:

ORDERED:

Case 1:01-cv-02163-BNB-MEH Document 271-10 Filed 12/02/2005 Page 2 of of 2 Case 1:01-cv-02163-PAC-OES Document 158 Filed 07/12/2007 Page 2 2

Civil Action No. 01-cv-02163-PAC-OES Date: December 2, 2005

ORDERED:

If the petition for writ of certiorari is denied, the parties will set a settlement conference with the assigned Magistrate Judge within one (1) week of receipt of the denial. Court in recess. 42 minutes.

9:18 a.m.

Total time in court: Hearing concluded.

*To obtain a transcript of this proceeding, please contact Avery Woods Reporting at (303) 825-6119.

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