Free Order on Motion in Limine - District Court of Federal Claims - federal

Case 1:05-cv-00708-CFL

Document 87

Filed 06/19/2008

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS No. 05-708C (Filed: June 19, 2008)

************************* SCOTT TIMBER COMPANY, Plaintiff, v. UNITED STATES, Defendant. *************************
ORDER Defendant's Second Motion In Limine, filed on June 10, 2008, requests that the court exclude from trial all evidence related to settlement negotiations between the government and the plaintiff in ONRC Action et al. v. Forest Service, 59 F. Supp. 2d 1085 (W.D. Wash. 1999). Settlement discussions reportedly took place between the parties in the ONRC case from July 1998 through early December 1998. Plaintiff represents that it seeks to adduce evidence at trial that would support a finding that the Forest Service knew that it was acting contrary to the Northwest Forest Plan when it awarded the three timber sales at issue. A number of the pertinent documentary exhibits apparently consist of internal communications between governmental officials and counsel relating to strengths and weaknesses of aspects of the government's defense to the ONRC action. In this respect, plaintiff avers that defendant has waived any applicable attorney-client privilege or work-product protection for many of the documents and records at issue, citing Blue Lake Forest Prods., Inc. v. United States, 75 Fed. Cl. 779, 798-99 (2007). Because different categories of documents and records are involved, and Fed. R. Evid. 408 may pertain to some of these categories or individual documents but not others, it does not appear possible now to issue a ruling on the pending in limine motion that would demarcate the boundary between materials subject to the evidentiary rule and those that are not. Accordingly, defendant's second motion in limine is DENIED without prejudice to renewal of objections at trial to testimony or documentary evidence that may be subject to Fed. R. Evid. 408.

) ) ) ) ) ) ) ) ) ) )

1

Case 1:05-cv-00708-CFL

Document 87

Filed 06/19/2008

Page 2 of 2

It is so ORDERED.

s/ Charles F. Lettow Judge

2