Free Supplement/Amendment - District Court of Colorado - Colorado

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

Document 326

Filed 05/01/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Honorable Marcia S. Krieger Civil Action No. 00-cv-02325-MSK-MEH SIERRA CLUB and MINERAL POLICY CENTER, Plaintiffs, v. CRIPPLE CREEK & VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, 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, v. CRIPPLE CREEK & VICTOR GOLD MINING COMPANY, ANGLOGOLD ASHANTI (COLORADO) CORPORATION, ANGLOGOLD ASHANTI NORTH AMERICA INC., and GOLDEN CYCLE GOLD CORPORATION, Defendants. ___________________________________________________________________________ DEFENDANT GOLDEN CYCLE GOLD CORPORATION'S NOTICE OF CORRECTIONS TO ITS MOTION FOR ATTORNEYS' FEES WITH INCORPORPORATED LEGAL AUTHORITY AND THE AFFIDAVIT ATTACHED THERETO ___________________________________________________________________________

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

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Filed 05/01/2006

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This Notice of Corrections is submitted in accordance with Counsel's duty to the Court, the Plaintiffs, and his client, Defendant Golden Cycle Gold Corporation ("Golden Cycle"), to correct errors, even if minor and especially if they reduce rather than increase the monetary sums claimed as attorneys' fees and expenses. These errors became apparent in (1) reviewing the table placed for the purposes of illustration and comparison of actual amounts billed and paid with the current value thereof on page 6 of its Motion for Attorneys' Fees With Incorporated Legal Authority ("the Motion") (#315), and (2) comparing that table with the Affidavit (#315(1)) attached to the Motion. There are three errors. First, the April 13th bill to Golden Cycle (#316) contains a time entry on page 15 at 6/3/05 listing time in hundredths, rather than tenths of an hour, and therefore an extra 0.02 hour was billed at $ 5.09, and paid. Since the extra time was not included in the table, the table did not balance by that amount to the total amount paid because it should not have been billed in the first place. Second, the Affidavit overstated the time, both for the undersigned and in total by 22.5 hours, (357.7 rather than 335.2, and 557.4 rather than 534.9, respectively). As a result, the statement in paragraph 19 of the Affidavit, on page 10, that $ 117,449.90, "divided by a total of 557.4 hours, is about $ 211 per hour" should instead read "divided by a total of 534.9 hours, is about $ 220 per hour" and the "357.7 hours" stated on line 1 of Paragraph 21 on page 11 of the Affidavit should instead read "335.2 hours." The table in the Motion, however, neither displayed nor included the duplicated time. Only the Affidavit requires correction. Third, the Affidavit, on line 3 of paragraph 21 on page 11, multiplied 197.3 hours of time reported by the single associate assigned to this matter by $ 145 per hour and the product, $ 28,608.50, was placed in the table. The mathematics were correct, but re-examination of the time records shows that 2.1 of those hours were billed at $ 0.00. Therefore, in estimating the

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

Document 326

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current value, the 197.3 hours stated on line 3 should have been 195.2 hours, which when multiplied by $ 145 per hour would be $ 28,304.00 rather than $ 28,608.50, and that $ 304.50 overstatement should have been subtracted in the table of estimated values in the Motion. There were two other errors in the calculation of estimated current values on that table, a mistake of $ 80.00 in the third line, and a mistake of $ 184.00 in the "Bruce D. Kirchhoff" line, which together would have resulted in a $ 264.00 under-statement, but those errors did not affect the calculation of the totals in the table. The $ 304.50 overstatement, however, should be corrected. So corrected, the statement on lines 3 and 4 of paragraph 21 on page 11 of the Affidavit ("$ 108,030.00 plus $ 28,608.50, a total of $ 138,030.10 including disbursements" should instead read "$ 101,280.60 plus $ 28,304.00, a total of $ 130,975.60 including billed disbursements" or $ 7,054.50 less for the duplicated time ($ 6,750.00 plus $ 304.50). The net effect of these errors is to reduce the "$ 131,280.10" amount stated in line 4 at the head of the Motion by $ 304.50 to "$ 130,975.60 including $ 1,391.60 in out-of-pocket costs." A Corrected Affidavit is attached hereto, in which only the changes on pages 10 and 11 thereof mentioned herein have been made, albeit executed on the new date shown on the Affidavit, and undersigned counsel asks that the table below be used in lieu of the table in the Motion in determining legal fees to be allowed to Golden Cycle: Don H. Sherwood to 4/30/03 Don H. Sherwood to 4/30/04 Don H. Sherwood to 4/30/05 Don H. Sherwood from 4/30/05 Don H. Sherwood from 4/30/05 Total Don H. Sherwood 48.0 75.3 71.6 140.3 0.02 335.22 @ 235 @ 255 @ 275 @ 295 @ 295 11,280.00 19,201.50 19,690.00 41,388.50 5.90 91,565.90 14,400.00 @ 300 22,590.00 @ 300 21,480.00 @ 300 42,090.00 @ 300 0.00 @ 100,560.00 0

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

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Craig R. Carver Bruce C. Kirchhoff Michelle C. Carmody Michelle C. Carmody Total other lawyers Total all timekeepers Legal expenses paid Total fees and legal expenses

0.8 1.6 195.2 2.1 199.7 534.92

@ 265 @ 185 @ 130 @ 0

212.00 296.00 25,376.00 0.00 25,884.00 117,449.90 1,391.60 118,841.50

240.00 @ 300 480.00 @ 300 28,304.00 @ 145 0.00 @ 0 29,024.00 129,584.00 1,391.60 130,975.60

The last two lines have been added to display the interrelationship between the fee totals and the grand totals including out-of-pocket legal expenses. Respectfully submitted this 1st day of May, 2006. s/ Don H. Sherwood Don H. Sherwood Attorney at Law 10861 West 28th Place Denver, Colorado 80215-7114 Telephone: (303) 233-0335 E-mail: [email protected] Attorney for Defendant Golden Cycle Gold Corporation CERTIFICATE OF SERVICE I hereby certify that on this 1st day of May, 2006, I electronically filed the foregoing DEFENDANT GOLDEN CYCLE GOLD CORPORATION'S NOTICE OF CORRECTIONS TO ITS MOTION FOR ATTORNEYS' FEES WITH INCORPORATED LEGAL AUTHORITY with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following e-mail addresses: John M. Barth P.O. Box 409 Hygiene, CO 80533 [email protected] Craig R. Carver Carver, Kirchhoff, Schwarz, McNab & Bailey, P.C. 1600 Stout Street, Suite 1700 Denver, CO 80202

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

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Filed 05/01/2006

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[email protected] Roger Flynn Jeffrey C. Parsons Western Mining Action Project P.O. Box 349 Lyons, CO 80540 [email protected] Eugene J. Riordan Lisa C. Ledet Vranesh & Raisch, LLP P.O. Box 871 Boulder, CO 80306-0871 [email protected] [email protected] Randall M. Weiner Law Offices of Randall M. Weiner, P.C. 1942 Broadway, Suite 408 Boulder, CO 80302 [email protected] s/ Don H. Sherwood Don H. Sherwood

Robert C. Troyer Hogan & Hartson, L.L.P. 1200 17th Street, Suite 1500 Denver, CO 80202 [email protected]

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