Free Motion to Strike - District Court of Colorado - Colorado

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

Document 332-2

Filed 05/17/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 00-cv-02325-MSK-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, vs. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORP. ANGLOGOLD ASHANTI NORTH AMERICA INC. and GOLDEN CYCLE GOLD CORPORATION Defendants. and Civil Action No. 01-cv-02307-MSK-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, vs. CRIPPLE CREEK AND VICTOR GOLD MINING COMPANY, et al., ANGLOGOLD ASHANTI (COLORADO) CORP. ANGLOGOLD ASHANTI NORTH AMERICA INC. and GOLDEN CYCLE GOLD CORPORATION Defendants.

[Proposed] ORDER on PLAINTIFFS' MOTION TO STRIKE

THIS MATTER comes before the Court pursuant to the Plaintiffs' Motion to Strike Defendants' Evidence under Fed. R. Evid. 408, Fed. R. Evid. 801, and Fed. R. Civ. P. 68, and Defendants' Responses thereto.

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

Document 332-2

Filed 05/17/2006

Page 2 of 2

The Court, having considered that Motion, hereby GRANTS it and ORDERS that: Exhibits 1 ("Offer of Judgment Under Rule 68" letter dated January 30, 2006) and 2 (December 15, 2005 Correspondence from John Barth) to Anglogold Defendants' Motion for Attorney Fees are hereby stricken. Defendants' arguments based on these documents will not be considered by this Court in ruling on the Defendants' Motions for Attorneys Fees. Further, in ruling on the Defendants' Motions for Attorneys Fees, this Court will disregard Defendants' reliance on the parties' confidential settlement discussions, as inadmissible hearsay. See Anglogold's Motion at 10-11, 13-14.

Dated this _____ day of _________, 2006.

BY THE COURT:

______________________ United States District Judge

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