IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX COMMISSIONER OF THE DEPARTMENT : CIVIL ACTION OF PLANNING AND NATURAL : RESOURCES, ALICIA V. BARNES, : et al. : : v. : : CENTURY ALUMINUM COMPANY, : et al. : NO. 05-62 ORDER AND NOW, this 9th day of July, 2013, for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that: (1) the motion of defendant Lockheed Martin Corporation to exclude expert testimony of Brian Daley Ph.D., as well as those opinions of Stratus Consulting based upon Dr. Daley's testimony (Doc. #1254) is DENIED; and (2) the motion of defendant Lockheed Martin Corporation to strike the declaration of Brian Daley Ph.D. filed on December 14, 2012 and incorporated memorandum of law (Doc. #1322) is DENIED. BY THE COURT: /s/ Harvey Bartle III HARVEY BARTLE III J. SITTING BY DESIGNATION Case: 1:05-cv-00062-HB Document #: 1380 Filed: 07/12/13 Page 1 of 1