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Club v. Creek

January 31, 2006

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, AND SIERRA CLUB, AND MINERAL POLICY CENTER, PLAINTIFFS,
v.
CRIPPLE CREEK & VICTOR GOLD MINING COMPANY, ANGLOGOLD (COLORADO) CORPORATION, ANGLOGOLD NORTH AMERICA, INC., AND GOLDEN CYCLE GOLD CORPORATION, DEFENDANTS.



The opinion of the court was delivered by: Honorable Marcia S. Krieger

ORDER GRANTING MOTION FOR PRESENTATION OF TELEPHONE TESTIMONY

THIS MATTER comes before the Court on the Plaintiffs' motion (#271) seeking leave to present testimony from Kimberlee Dinn by telephone. Having considered the motion, the response (#274) and the reply (#275), the Court

FINDS and CONCLUDES that: The Plaintiffs desire to call Kimberlee Dinn to testify at trial. They ask that they be allowed to present her testimony by telephone. They state that they will have a notary or other authorized person present at Ms. Dinn's location to administer the oath.

The Defendants do not oppose allowing Ms. Dinn to testify by telephone. Although Ms. Dinn was not listed on the most recent witness list, they do not oppose her addition to such list. However, they express concern that the Plaintiffs will seek to add other witnesses to the list.

After consideration of the relevant factors, the Court concludes that Ms. Dinn may testify by telephone. Whether other unlisted witnesses should be allowed to testify is not before the Court.

IT IS ORDERED that:

(1) Exhibit C to the Amended Final Pretrial Order (dated 12-1-05) is AMENDED to include Kimberlee Dinn.

(2) The Plaintiff's motion (#271) to present Ms. Dinn's testimony by telephone is GRANTED. In accordance with MSK Civ. Practice Standard II.H, the Plaintiffs shall ensure that a notary or other authorized person is present at Mr. Dinn's location to verify her identity during trial.

Dated this 31st day of January, 2006

Marcia S. Krieger United States District Judge

20060131

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