The opinion
PARR BROWN
GEE © LOVELESS
ATTORNEYS AT LAW
D. CRAIG PARRY
ATTORNEY AT LAW
cparry@parrbrown.com
July 20, 2023
Honorable Denise Cote ?
United States District Court Judge ks TS tenses seq)
Southern District of New York (SS tan Xe?
500 Pearl Street, Room 1910 i . Le
New York, New York 10007
7/ti/e-3
Re: McGowan et al v. Stanley et al (22-C V-069 71)(DLO)
Proposed Findings for Documents to Be Filed Under Seal or Redacted
Honorable Judge Cote,
Pursuant to the Court’s Order of July 19, 2023, Defendants respectfully request that the
Court enter the following findings and on that basis order that Dkt. Nos. 74-7, 74-9, 74-10, 74-
11, 74-12, 74-14, 74-15, 74-16, 74-17, 74-20, 74-22, 74-23, and 74-25 remain as presently
designated, viewable by only the parties in the case and the Court:
Dkt.74-7 is a bank account statement of non-party Chief Consolidated Mining Co.
(“Chief”), a non-public company at the time of the statement. The document includes an account
number as well as dates, amounts, and descriptions of financial transactions. Non-party Osisko
Development Corp. (“Osisko”), which has acquired Chief, has not given consent for these
documents to be publicly disclosed.
Dkt, 74-9, 74-10, 74-11, 74-12, and 74-14 are wire transfer forms and checks from Chief
accounts that include bank account numbers as well as the date and dollar amount of payments to
defendants and to non-parties, including to a law firms for legal fees. None of the identified non-
parties, Osisko, or defendants, has given consent for these documents to be publicly disclosed.
Dkt. 74-15 and 74-22 are identical and are minutes of a meetings of the board of directors
of Chief, including statements about real estate transactions then under discussion, financing
activities, developments in a joint venture to which Chief was a party, plans for seeking water
allocations, and a resolution to issue stock to certain named individuals. None of this information
is publicly known. Osisko has not given consent for these documents to be publicly disclosed.
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Parr Brown Gee & Loveless, A Professional Corporation weet
401 South 200 East, Suite 700, Salt Lake City, UT 84111
Honorable Denise Cote
July 20, 2023
Page 2
Dkt, 74-16 and 74-23 are identical and are minutes of a meeting of the board of directors
of Chief, including statements about potential real estate and other transactions, updates on
mining activity, a term sheet for obtaining water supplies, and a resolution to issue stock as
compensation to certain named employees. None of this information is publicly known. Osisko
has not given consent for these documents to be publicly disclosed.
Dkt, 74-17 and 74-25 are identical and are minutes of a meeting of the board of directors
of Chief, including statements about operations of a mining joint venture to which Chief is a
patty, Chief's liabilities, efforts to obtain debt and equity financing, an MOU with a private party
regarding water supply issues, and discussions about acquiring a mining entity. None of this
information is publicly known. Osisko has not given consent for these documents to be publicly
disclosed.
Dkt. 74-20 is a letter between LeadFx and Chief amending a share sale agreement between
the companies, including prices and terms of payments, Neither LeadFx nor Osisko has given
consent for these documents to be publicly disclosed.
On the foregoing bases, the identified documents should remain as presently designated,
viewable by only the parties in the case and the Court.
PARR BROWN GEE & LOVELESS
D. Craig Parry é
Attorney for Defendants
DCPraf
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Parr Brown Gee & Loveless, A Professional Corporation
404 South 200 East. Suite 700, Salt Lake City, UT 84111 eRe?