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 28th day of February, 2013, for the
reasons set forth in the accompanying Memorandum, it is hereby
ORDERED that:
(1)  the motion of defendants HOVENSA, LLC and Hess Oil
Virgin Islands Corporation to exclude certain statements and
testimony made by James V. Holmes regarding his portion of the
report of Stratus Consulting Inc. (Doc. # 1224) is GRANTED
insofar as he may not testify about contamination and injuries to
terrestrial habitat, the quantum of injuries to groundwater, any
damages due because of injuries to groundwater, the extent of
injuries to the marine habitat, or damages owed for injuries to
the marine habitat and is otherwise DENIED;
(2)  the motion of defendants HOVENSA, LLC and Hess Oil
Virgin Islands Corporation to exclude the opinions and testimony
of Constance L. Travers regarding her portion of the report of
Stratus Consulting Inc. (Doc. # 1229) is GRANTED insofar as she
Case: 1:05-cv-00062-HB   Document #: 1344   Filed: 02/28/13   Page 1 of 2
may not testify as to the dollar figures determined by Dr. Kevin
Boyle and is otherwise DENIED; and
(3) the motion of defendants HOVENSA, LLC and Hess Oil
Virgin Islands Corporation to preclude Joshua Lipton, Ph.D. from
opining on certain matters discussed in the report of Stratus
Consulting, Inc. (Doc. # 1226) is GRANTED insofar as he may not
testify about the substantive findings of the expert report
produced by Stratus Consulting Inc. and is otherwise DENIED. 
BY THE COURT:
/s/ Harvey Bartle III              
HARVEY BARTLE III
   J.
SITTING BY DESIGNATION
-2-
Case: 1:05-cv-00062-HB   Document #: 1344   Filed: 02/28/13   Page 2 of 2