Free Response to Motion - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 327-3

Filed 04/28/2005

Page 1 of 4

UNITED STATES COURT OF FEDERAL CLAIMS
PRECISION INC. , PINE & TIMBER,

Plaintiff, Docket UNITED STATES, Defendant. No.: 98-720C

Pages: Place: Date:

1 through Washington, January

71 D.C.

4, 2005

HERITAGE REPORTING CORPORATION
Official Reporters 1220L Street, N.W.,Suite 600 Washington,D.C. 20005-4018 (202) 628-4888 [email protected]

Case 1:98-cv-00720-GWM

Document 327-3

Filed 04/28/2005

Page 2 of 4

39 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 basically qualified engineering. expertise in THE or in limine? MR. SALTMAN: Basically area is Mr. Adkins is a very and inclined the is only no have had MR. finished. MR. THE a return MR. notwithstanding, motion the would in limines SALTMAN: COURT: I have Gentlemen? for just Honor, not cut you off. Can we HARRINGTON: Alan, it sounded like you

Gentlemen? a moment? also that

to quietude SALTMAN: and,

Your

frankly, be

I think

that

all now,

of

the

should and the down

brought

forward I think

both

Plaintiff's narrow

Defendant's. as we proceed

that this

things

through

schedule. But to do one that aside, Mr. even Adkins' if Your motion Honor were not is There

that,

in limine done.

that why Mr.

is fully that one

briefed, can't go

fully forward.

reason add that

I would on

also many,

Adkins

is

their

primary

expert

many

areas. THE COURT: What is the gist of the motion

gentleman Our

in the

of construction that he has no

assertion relating So that is

matters COURT: simply Heritage

to timber. a Daubert not argument to give

it

he is

qualified

Reporting Corporation (202) 628-4888

Case 1:98-cv-00720-GWM

Document 327-3

Filed 04/28/2005

Page 3 of 4

4O 1 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 is one well trial of the motions outset regard. I also the think to the degree of the the that witness the question may theoretical would sooner don't areas that's that the the opinion? MR. SALTMAN: opined Not in. qualified If I had to opine on the it,

he's

to summarize

essence THE

of it. I must say it may be as a it

COURT:

matter

that to

in litigation with but the motion

generally in limines we to

be desirable rather know the is than

deal

later, of

I do

think

really which to the the

context made

testimony we've laid law

objection point in the

being the

until have

gotten their

where

parties

out

positions

memorandum

of facts A.

and

which

are

contemplated For

by Appendix that

reason, on not

I'm the take

inclined

to that

deal

with

in

limine and to

schedule Mr.

I outlined of order

at the in that

Adkins

out

qualifications benefit in

there at

be some and

awaiting as to

testimony the

making

a judgment

whether or whether

testimony admissible, relates relevant

is indeed but

inadmissible be given

it is weight is that

should degree subject

a certain the

to the to the

to which matter,

expertise

so I'm

inclined,

Heritage

Reporting Corporation (202) 628-4888

Case 1:98-cv-00720-GWM

Document 327-3

Filed 04/28/2005

Page 4 of 4

41 I 2 3 4 5 6 7 8 9 i0 ii 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 deal with really more motion is any not witnesses, going to out of just for although hew to I take the are Mr. Saltman's schedule as point far in principle, as motions in to

present

limine

concerned. MR. SALTMAN: second? your be point about if taking Mr. Mr. Adkins were Your Honor, if I may be heard

one

I think order a fact may

appropriate but here

Adkins

simply who know has

witness, many

we have of pages has

a gentleman of to report. say. It's We

prepared Mr.

hundreds if you

what

Adkins, on paper. is far

will,

already

down

That and

different that what

from

other to be

fact say any or the is not

I think

he has to

change. in our fact For

There's memoranda or law

not of

going fact

exposition Defendant's

or law

for

that taking

matter. him out not of sequence going to be

that to

reason,

going

-- as in these

I said,

there's

revelation THE

memoranda. your point, it, time but and I'm not the the

COURT:

I hear

in a position that

to evaluate at the off as

I think

context

we have the better

we deal

with

in limine For the

we are. I'm inclined to Mr. to

that motion

reason,

I said,

in limine

as it relates

Heritage

Reporting Corporation (202) 628-4888