Free Daubert Hearing - District Court of Colorado - Colorado

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

Document 344

Filed 08/24/2005

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO HONORABLE MARCIA S. KRIEGER Courtroom Deputy: Maureen Nelson Court Reporter: Paul Zuckerman Date: August 24, 2005

Civil Action No. 00-cv-02325-MSK-OES (consolidated with 01-cv-02307-MSK-OES) Parties: SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, ANGLOGOLD ASHANTI NORTH AMERICA, INC., and GOLDEN CYCLE GOLD CORPORATION, Defendants. Bob Troyer Eugene Riordan Don Sherwood Counsel Appearing: Jeffrey Parsons John Barth Randall Weiner

COURTROOM MINUTES

HEARING: Continued 702 Hearing 8:50 a.m. Court in session.

Statement of opinions to be offered by Dr. Ann Maest and objections by defendants. Witness sworn, for the plaintiff: Dr. Ann Maest: 8:59 a.m. Direct Examination by Mr. Barth EXHIBITS: Received: 363A 10:09 a.m. 10:30 a.m. Court in recess. Court in session.

Continued cross examination of Dr. Maest by Mr. Barth.

Case 1:00-cv-02325-MSK-MEH Courtroom Minutes Judge Marcia S. Krieger Page 2

Document 344

Filed 08/24/2005

Page 2 of 2

Cross examination of Dr. Maest by Mr. Troyer. 12:03 p.m. 1:40 p.m. Court in recess. Court in session.

Continued cross examination of Dr. Maest by Mr. Troyer. EXHIBITS: Received: 1 Redirect examination of Dr. Maest by Mr. Barth. Witness sworn, for the defendant: Dr. Adrian Brown: 2:51 p.m. Direct Examination by Mr. Riordan 3:35 p.m. 3:52 p.m. Court in recess. Court in session.

Continued direct examination of Mr. Brown by Mr. Riordan. Cross examination of Mr. Brown by Mr. Barth. Argument on 702 challenge. Ruling by the Court. ORDER: Motion to Exclude Plaintiff' Expert Witness Opinions on Remedies Pursuant to s F.R.E. 702 (Doc. #231) is denied in part and ruling is reserved in part. The expert opinion of Dr. Ann Maest shall be excluded.

Mr. Parsons moves for the Court to reconsider the ruling. ORDER: The Court reconsiders it' ruling and it remains the same. s

The parties are directed to jointly contact Chambers by Monday, August 29, 2005 to advice Ms. Lynn whether they will need an evidentiary hearing or an oral argument hearing. 4:52 a.m. Court in recess.

Total Time: - 5 hours 47 minutes. Hearing concluded.