Case 1:00-cv-00697-JFM
Document 256
Filed 12/18/2006
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IN THE UNITED STATES COURT OF FEDERAL CLAIMS WISCONSIN ELECTRIC POWER COMPANY, No. 00-697C Plaintiff, Senior Judge Merow v. THE UNITED STATES, Defendant.
PLAINTIFF'S DEPOSITION AND TRIAL TESTIMONY DESIGNATIONS Wisconsin Electric Power Company ("WE") respectfully submits certain designated deposition and prior trial testimony of Government witnesses that it intends to use as substantive evidence in its case-in-chief. A chart identifying the witnesses and specific transcript pages and lines is attached hereto as Attachment A. This testimony is admissible because it was elicited from Government agents and employees and is therefore admissible as substantive evidence pursuant to Fed. R. Evid. 801(d)(2) as admissions by a partyopponent. See Globe Savings Bank, F.S.B. v. United States, 61 Fed. Cl. 91, 96-97 (2004). Appendix A, paragraph 15(b) of the Rules of the Court of Federal Claims ("RCFC") provides that a party is required to file a motion for leave to present deposition testimony as substantive evidence only if that testimony is not otherwise admissible under Fed. R. Evid. 801(d). WE is filing and serving its deposition and prior trial testimony designations now even though it is not required under Appendix A or the current scheduling orders in order to put the Government on notice and to allow the Court to resolve in advance of trial any disputes on the admissibility of any designations. WE seeks to have this admissible evidence admitted in advance of trial because doing so will streamline the parties' trial preparation and reduce trial time and cost. WE intends to file the actual transcript pages with the Court once the Government submits its counterdesignations and objections to WE's designations. WE also reserves the right to supplement
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Case 1:00-cv-00697-JFM
Document 256
Filed 12/18/2006
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its designations as testimony in additional spent nuclear fuel deposition(s) and trial(s) may become available.
DATED : December 18, 2006 Of Counsel: Donald J. Carney Mary Rose Hughes Perkins Coie LLP 607 Fourteenth Street, N.W. Washington, D.C. 20005-2001 (202) 434-1675
Respectfully submitted, s/Richard W. Oehler by s/Donald J. Carney Richard W. Oehler Perkins Coie LLP 1201 Third Avenue, Suite 4800 Seattle, WA 98101-3099 (206) 359-8419 Phone (206) 359-9419 Fax Attorneys for Plaintiff WISCONSIN ELECTRIC POWER COMPANY
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Case 1:00-cv-00697-JFM
Document 256
Filed 12/18/2006
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CERTIFICATE OF SERVICE I certify under penalty of perjury that, on December 18, 2006, I caused a copy of the foregoing "Plaintiff's Deposition and Trial Testimony Designations" to be filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system. s/Donald J. Carney Donald J. Carney
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