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Sierra Club v. Creek

February 3, 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 UNOPPOSED MOTION FOR PROTECTIVE ORDER AND FOR LEGAL REPRESENTATION

THIS MATTER comes before the Court on the Colorado Department of Public Health and Environment ("CDPHE") and the Colorado Division of Minerals and Geology's ("CDMG") Unopposed Motion for Protective Order and for Legal Representation (#278). Having considered the same, the Court

FINDS and CONCLUDES that: Through the Office of the Colorado Attorney General, the CDPHE and the CDMG seek an order protecting several state employees (Dave Akers, Carla Lenkey, Gary Soldano, Tom Boyce, Susan Nachtireb, Christopher Gates, and Berhan Keffelew) who have been subpoenaed as witnesses in this case from testifying about privileged information and from giving unretained expert testimony. It is the movants' understanding that only factual testimony will be elicited from these employees. They also ask that the employees be allowed to have legal representation during their testimony. However, they do not specify the nature of the representation requested. For instance, they do not state whether they simply desire to have counsel present in the courtroom for consultation or whether such counsel should be permitted to raise objections during the trial.

The motion states that the parties in the case do not oppose the relief requested. Therefore, the Court grants the motion. However, because the motion does not specify the scope of legal representation sought, the Court does not determine it at this juncture.

IT IS ORDERED that:

(1) The motion (#278) is GRANTED.

(2) Witnesses Dave Akers, Carla Lenkey, Gary Soldano, Tom Boyce, Susan Nachtireb, Christopher Gates, and Berhan Keffelew may be represented by an attorney from the Office of the Colorado Attorney General during their testimony.

(3) The testimony of Dave Akers, Carla Lenkey, Gary Soldano, Tom Boyce, Susan Nachtireb, Christopher Gates, and Berhan Keffelew is limited to non-privileged, non-expert, factual testimony.

Marcia S. Krieger United States District Judge

20060203

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