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5 <br /> I MR. SINGLETARY: Thank you very mach. 1 lack of jurisdiction. <br /> 2 John, you want to -- 2 MR. ROBERTS: Sure. <br /> 3 MR. ROBERTS: Absolutely. Before we 3 UNIDENTIFIED SPEAKER: Snowcap is <br /> 4 get into the hearing, there are preliminary matters 4 willing to stand on its motion. <br /> 5 to be taken up. The objector in this case has filed 5 THE COURT REPORTER: I need you to <br /> 6 three motions or requests, and we're going to take 6 identify yourself. <br /> 7 those in the following order: We have a motion to 7 MR, JUSTUS: Pardon me. My name is <br /> 8 dismiss for lack of jurisdiction by Objector 8 John Justus. I'm the attorney for Snowcap Coal <br /> 9 Fontanari Family Revocable Trust. I also have 9 CMpany. <br /> 10 responses filed to that motion by the attorney for 10 And as far as Snowcap's response to <br /> 11 Snowcap. I11 the motion, it has been provided in a brief form. <br /> 12 So what we can do, Mr. Chair, is you 12 If the Board has any questions concerning the <br /> 13 can entertain a brief oral argument if they wish to i13 response or the legal basis thereof, I'm happy to <br /> 14 address -- if Mr. Fontanari's attorney wishes to 14 discuss those, but I'm not offering oral argent on <br /> 15 expand upon his motion, or request oral argument. I 15 the response. <br /> 16 suggest a couple minutes for each side to address 16 MR. SCHUTLZ: Scott Schultz on behalf <br /> 17 the Board on these. 17 of the Division. The Division is staff to the Board <br /> 18 MR. SINGLETARY: I think that's fair. 18 in this matter. <br /> 19 I just want to be real, I guess, concise abort -- 19 I also filed a nation in this -- on <br /> 20 that we stay on subject matter today when we're 20 this lack-of-jurisdiction issue. I don't have any <br /> 21 discussing these things, but I certainly want -- I 21 further need for an oral argument, but I'm happy to <br /> 22 certainty want the Board to be acquitted (sic) with 22 answer any questions that the Board may have. <br /> 23 all the knowledge they can get as long as we are on 23 MR. SINGLETARY: Okay. Do I ask if <br /> 24 the same subject matter. So let's do that. j24 the Board wants to discuss it? <br /> 25 MR. ROBERTS: Okay. So it would be 125 MR. ROBERTS: See if the Board has <br /> 5 7 <br /> 1 appropriate procedurally for the filing party to 1 any questions. <br /> 2 begin on the motion. 2 MR. SINGLETARY: Do you have any <br /> 3 MR. SINGLETARY: Okay. Would you 3 questions -- does the Board have any questions <br /> 4 introduce yourself, then? 4 regarding -- <br /> 5 MR. BECKWITH: Yes. May I remain 5 So where do we go fran here? <br /> 6 seated? 6 MR. ROBERTS: They don't have any <br /> 7 MR. SINGLETARY: Sure. 7 questions? <br /> 8 MR. BECKWITH: Thank you. My name is 8 MR. SINGLETARY: No questions. <br /> 9 James Beckwith, Attorney Registration Nmber 2295. 9 MR. ROBERTS: All right. So what we <br /> 10 I am the attorney for the Fontanari Family Revocable 10 have is a motion. So, Mr. Chair, slash, Hearing <br /> 11 Trust, and I am the filer of the three motions that 11 Officer, it's up to you to grant or deny the motion <br /> 12 are pending. 12 to dismiss for lack of jurisdiction. <br /> 13 We have agreed between the attorneys 13 I will note you have two attorneys on <br /> 14 that if I proceed with oral argument, which I am not 14 the Board you're allowed to bother. <br /> 15 requesting -- I have already filed a very extensive 15 MR. SINGLETARY: Yeah. Jill, do you <br /> 16 motion. Mr. Justus has already filed a very 16 have any cmnent on -- <br /> 17 extensive response, and what you failed to indicate, 17 MS. VAN NOORD: Yeah, I know. I'm <br /> 18 Mr. Roberts, is that Mr. Schultz on behalf of DIMS 18 looking at them right now, and they're also in our <br /> 19 has also filed a very extensive response. 19 packet. And I believe that we should deny the <br /> 20 We are faced with a short amount of j20 motion to dismiss for lack of jurisdiction. <br /> 21 time and a lot of information. So it is more 21 MR. SINGLETARY: Okay. Anything <br /> 22 appropriate for nee to say, I submit it on the motion 22 further? <br /> 23 that I have made. If any of the Board members have 23 MR. RANDALL: No. <br /> 24 questions, I have no problem answering those 24 MS. VAN NOORD: I don't have to give <br /> 25 questions. And this is on the motion to dismiss for 25 a -- <br /> 6 8 <br />