Free Objection to Witness List - District Court of Federal Claims - federal

Case 1:98-cv-00720-GWM

Document 324-2

Filed 04/20/2005

Page 1 of 39

DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)

Plaintiff's Exhibit Number
1

Number on Preliminary Exhibit List
1a

Description
Appraisal Summary for the Hay timber sale with attached: Data Sheet for Appraisal Summary (Form R3-2400-17); Report of Timber Sale - Convertible and Nonconvertible Products Appraisal Summary for Jersey Horse timber sale Appraisal Summary for the O.D. Ridge timber sale with attached: Data Sheet for Appraisal Summary (Form R3-2400-17) Appraisal Summary for the Brookbank timber sale with attached: Converted Scribner Appraisal Summary Appraisal Summary for the Kettle timber sale with attached: Converted Scribner Report of Timber Sale - convertible and nonconvertible products Appraisal Summary for the U-Bar timber sale with attached: T.E.A. Appraisal Bulletin No. 08 CY 92 2nd (Aug) Appraisal Summary for the Mud timber sale

Date
1/10/1989

Objections
Relevance ­ Precision Pine was not the high bidder on the Hay contract.

2 3

1b 1c

10/19/1993 10/18/1991

No objection. Relevance ­ Precision Pine was not the high bidder on the O.D. Ridge contract. No objection.

4

1d

3/6/1995

5

1e

6/16/1995

Exhibit contains multiple documents.

6

1f

8/24/1992

No objection.

7

1g

7/25/1994

No objection.

1

Case 1:98-cv-00720-GWM

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
8 9 10 1h 1i 1j Appraisal Summary for the Monument timber sale Appraisal Summary for the Salt timber sale with attached: Converted Scribner Appraisal Summary Appraisal Summary for the Manaco timber sale with attached: Report of Timber Sale - Convertible and Nonconvertible Products; Converted Scribner Appraisal Summary; Converted Scribner Report of Timber Sale Convertible and Nonconvertible Products Appraisal Summary for the Saginaw-Kennedy timber sale Appraisal Summary for the St. Joe timber sale with attached: Data Sheet for Appraisal Summary (Form R3-2400-17) Appraisal Summary for the Brann timber sale with attached: Converted Scribner Appraisal Summary Appraisal Summary for the Hutch-Boondock timber sale with attached: Converted Scribner Appraisal Summary Appraisal Summary for the Outlaw timber sale Pre-Sale Report and Appraisal Summary for the Barber timber sale 8/22/1994 12/12/1993 12/4/1994 No objection. No objection. Exhibit is comprised of multiple documents.

11 12

1k 1l

8/2/1994 10/30/1991

No objection. No objection.

13 14

1m 1n

7/28/1994 5/19/1994

No objection. No objection.

15 16

1o 1p

9/25/1990 8/20/1993

Relevance ­ the Outlaw timber sale is not at issue in this action. Relevance ­ the Barber timber sale is not at issue in this action.

2

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
17 18 1q 2 Appraisal Summary for the Campbell timber sale Winslow Sawmill Production Reports: yearly reports: 1/94-12/94, 4/93-3/94, 4/94-3/95, 4/95-3/96, 4/96-3/97 quarterly report: Apr, May, June 95 3/94, 4/94, 5/94, 6/94, 7/94, 8/94, 9/94, 10/94, 11/94 12/94 1/95, 2/95, 3/95, 4/95, 5/95, 6/95, 7/95, 8/95, 8/95 (fir cut), 9/95, 10/95 11/95, 12/95 1/96, 2/96, 3/96, 4/96, 5/96, 6/96, 7/96, 8/96, 9/96, 10/96, 11/96, 12/96 1/97, 2/97, 3/97, 4/97, 5/97, 6/97, 7/97, 8/97 Heber Sawmill Production Reports: yearly report: 4/95-3/96, 4/98-3/99 1/94, 2/94, 3/94, 4/94, 6/94, 7/94, 8/94, 9/94, 10/94, 11/94, 12/94 1/95, 2/95, 4/95, 5/95, 6/95, 7/95, 8/95, 9/95, 11/95, 12/95 1/96, 2/96, 3/96, 4/96, 5/96, 6/96 10/97, 11/97, 12/97 1/98, 2/98, 3/98, 4/98, 5/98, 6/98, 7/98, 8/98, 9/98, 10/98, 11/98, 12/98 1/99, 6/99, 8/99, 9/99, 10/99, 11/99, 12/99 1/00 8/30/1993 Relevance ­ the Campbell timber sale is not at issue in this action. No objection. However, monthly production reports from 9/97 through the mill's closure in 9/98 are omitted.

19

2

Heber sawmill production records are incomplete. Monthly production reports for 3/95, 10/95, 2/995/99 and 7/99 are omitted. Monthly production reports appear to come from two sources, as reports from 10/97 to 12/98 have handwritten entries, whereas all other monthly reports are typed. Monthly reports for 10/97, 3/98, 7/98, 8/98 and 12/19 provide no data. The year for monthly reports ostensibly for 7/94, 8/94, 10/94 and 11/94 has been altered by hand. Exhibit supposedly contains, but is missing the 4/98-3/99 yearly report and monthly reports from 1/94 to 4/94.

3

Case 1:98-cv-00720-GWM

Document 324-2

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Page 4 of 39

DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
20 2 Eagar Sawmill Production Reports: yearly report: 4/95-3/96 1/94, 2/94, 7/94, 8/94, 9/94, 10/94, 11/94 12/94 1/95, 2/95, 3/95, 4/95, 5/95, 6/95, 7/95, 8/95, 9/95, 10/95, 11/95, 12/95 2/97, 3/97, 4/97, 5/97, 6/97, 7/97 Eagar sawmill production records are incomplete. Monthly production reports for 3/94-6/94, 1/961/97 and after 7/97 are omitted. Monthly production reports appear to come from two sources, as reports for 1/94 and 2/94 have handwritten entries, whereas all other monthly reports are typed. The monthly production report ostensibly for 2/95 has an altered date of unknown origin. 7/13/1993 No objection.

21

4

Purchaser's Certification of Timber Domestically Processed and Exported for CY 1992 (Saginaw-Kennedy) Purchaser's Certification of Timber Domestically Processed and Exported (Contract #000642) Purchaser's Certification of Timber Domestically Processed and Exported (Contract #000790) Purchaser's Certification of Timber Domestically Processed and Exported for CY 1989 (Horseshoe Salvage) Purchaser's Certification of Timber Domestically Processed and Exported for CY 1992 (Merritt Blowdown)

22 23 24

4 4 4

Document is illegible. Document date is cut off. 11/7/1990 No objection.

25

4

7/9/1993

Document contains handwriting of unknown origin.

4

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
26 4 Letter from Leaverton to Precision Pine re: Forest Service needs "Certification of Disposition of Timber" before Contract #001228 (Hidden) can be closed; also stating cash balance remaining on bond for sale. Letter from Porter to Leaverton re: transferring balance, with attached: Purchaser's Certification of Timber from National Forest Sale for Contract #001228. Precision Pine Production & Sales Report Precision Pine Production & Sales Report Precision Pine Production & Sales Report Portions of Kaibab Forest Plan: cover, pp. 3-5, 16, 20-23, 240 Portions of Apache-Sitgreaves Forest Plans: cover, pp: 11-12, 283 Portions of Coconino Forest Plan: cover, pp: 7, 17-18,21 (as amended 12/87), 28-32, 263 Portions of Wiggins Analysis Area Environmental Assessment: pages: i, 15 SBA Form 723 (1-76): Small Business Certification for Duran Multiproduct timber sale 2/3/1998 3/15/1993 1/3/1995 Relevance: the Hidden contract is not at issue in this action.

27

4

undated

Relevance: the Hidden contract is not at issue in this action; second page appears to be a separate document. No objection. Handwritten notes of unknown origin; otherwise no objection. No objection. Document is incomplete. Document is incomplete Document is incomplete. Document is incomplete. No objection.

28 29 30 31 32 33 34 35

6a 6b 6c 8b(i) 8b(ii) 8b(iii) 8c 8e

9/94 - 2/95 1/95 2/95

5

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
36 8f Letter from Jill Leonard, District Ranger, North Kaibab District to Precision Pine & Timber, Attn: John Smith; re: planned sales in the district for CY's `97 - `00 Forest Service Resource Bulletin lnt-55, "Arizona's Timber Production Mill Residue, 1984" Appraisal Report for Manaco Timber Sale Appraisal Report for Salt Timber Sale Forest Service Form 2400-46 (12186) Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Tonto National Forest Forest Service Form 2400-46 (12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Apache-Sitgreaves National Forest Forest Service Form 2400-46 (12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Coconino National Forest 3/7/1997 Relevance

37 38 39 40

8g 9 10 11

7/88 12/9/1994 1/21/1994 undated

No objection. Document is incomplete. Document is incomplete and contains highlighting of an unknown origin. Foundation: document is unsigned.

41

11

undated

Foundation: document is unsigned and undated.

42

11

undated

Foundation: document is unsigned and undated.

6

Case 1:98-cv-00720-GWM

Document 324-2

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
43 11 Forest Service Form 2400-46 (12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Kaibab National Forest Blank Forest Service Form 2400-14 (9/91), "Bid for Advertised Timber Sale" with attached "Instructions to Bidders" Blank Forest Service Form 2400-43 (2/91), "Certification of Nonsubstitution of Timber Purchased and Disposition of Domestically Processed and Exported Timber." Blank Forest Service Form 2400-44 (2/91), "Export of Private Timber" Blank Forest Service Form 2400-45 (2/91), "Purchase of National Forest System Timber" Blank Forest Service Form 2400-46 (2/91), "Purchaser Certification of Timber Domestically Processed and Exported" Declaration of Milo Larson in Forest Guardian v. Dombeck Affidavit of Alan Lucas in Greater Gila Biodiversity v. USFS Expert Report of Martin L. Devere 5/28/1997 2/14/1995 11/14/2003 undated Foundation: document is unsigned.

44

12

Foundation; relevance.

45

12

Foundation; relevance.

46 47 48

12 12 12

Foundation; relevance. Foundation; relevance. Foundation; relevance.

49 50 51

13 14 20

Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Addressed in a separately filed motion in limine.

7

Case 1:98-cv-00720-GWM

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
52 53 54 55 56 57 20 21 21 24 25 28 Resume of Martin L. Devere Expert Report of James L. Matson Resume of James L. Matson Resume of Ronald D. Lewis Curriculum Vitae of Robert Ness Summary Comparison of Precision Pine's Prices v. Random Length's Prices: Moulding & Better 11/14/2003 11/16/2003 11/16/2003 undated 11/14/2003 Hearsay. Hearsay. Hearsay. Relevance; hearsay. Hearsay. Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit does not accurately represent underlying documents; exhibit not based upon voluminous documents (2 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit does not accurately represent underlying documents; exhibit not based upon voluminous documents (2 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit does not accurately represent underlying documents; exhibit not based upon voluminous documents (2 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine.

58

28

Summary Comparison of Precision Pine's Prices v. Random Length's Prices: 5/4#2 Shop

59

28

Summary Comparison of Precision Pine's Prices v. Random Length's Prices: 5/4#3 Shop

8

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
60 28 Summary Comparison of Precision Pine's Prices v. Random Length's Prices: Paragraph 99 Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit does not accurately or fairly represent underlying documents; exhibit not based upon voluminous documents (2 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. Authenticity; foundation; exhibit includes comments and footnotes that are not properly part of a summary; exhibit prepared by counsel. Addressed in a separately filed motion in limine. 1/95 12/12/1990 6/28/1988 9/26/1989 5/23/1989 9/12/1991 Hearsay. No objection. Document contains handwriting of unknown origin. Document contains illegible handwriting of unknown origin. Document contains handwriting of unknown origin. No objection.

61

30

Summary Comparison of Bids on 14 suspended sales

62 63 64 65 66 67

31 32a 32b 32d 32e 32e

Western Wood Products Assoc. (W\NPA) Inland Index Logs Profit Projection Sheets for Bunger Timber Sale (2 pages) Profit Projection Sheets for Holder Timber Sale (3 pages) Profit Projection Sheets for Ridge Timber Sale (4 pages) Profit Projection Sheets for Limestone Timber Sale (4 pages) Profit Projection Sheets for Limestone Timber Sale (2 pages)

9

Case 1:98-cv-00720-GWM

Document 324-2

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
68 69 70 71 72 73 74 75 76 77 78 32j 32k 32k 32l 32m 32n 32o 32p 32p 32q 32r Profit Projection Sheets for Cap Mamie Timber Sale (2 pages) Profit Projection Sheet for Hidden Timber Sale (1 page) Profit Projection Sheets for Hidden Timber Sale (2 pages) Profit Projection Sheets for Red Lake Timber Sale (3 pages) Profit Projection Sheets for Aspen Lake Timber Sale (3 pages) Profit Projection Sheets for Barber Timber Sale (2 pages) Profit Projection Sheet for Kettle Timber Sale (1 page) Profit Projection Sheets for McNeil Timber Sale (3 pages) Profit Projection Sheet for McNeil Timber Sale (1 page) Profit Projection Sheet for Gamma Timber Sale (1 page) Profit Projection Sheets for Kendrick-Saddle Timber Sale (2 pages) 3/22/1990 12/27/1990 2/26/1990 11/30/1989 9/25/1991 9/27/1993 3/23/1997 3/7/1990 3/14/1990 6/29/1993 11/24/1997 No objection. No objection. Document contains handwriting of unknown origin. Document contains handwriting of unknown origin. No objection. Document contains handwriting of unknown origin. No objection. No objection. No objection. No objection. Document contains handwriting of unknown origin.

10

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
79 80 81 82 83 84 85 86 87 88 32s 32t 32u 32v 32w 32x 32y 33 34 35a Profit Projection Sheet for All Fir under contract (1 page) Profit Projection Sheet for Saginaw-Kennedy Timber Sale, Smallwood(1 page) Profit Projection Sheets for Canyon Timber Sale (3 pages) Profit Projection Sheets for St. Joe Timber Sale (2 pages) Profit Projection Sheet for Hutch-Boondock Timber Sale (1 page) Profit Projection Sheets for Manaco Timber Sale (2 pages) Profit Projection Sheet for Saginaw-Kennedy Timber Sale (1 page) Letter from Clifford Dils to Lorin Porter, re: suspension of Manaco Letter from John Smith to Patty Bennett, re: Jersey Horse Operating Schedule Letter from Keith Pajkos to John Smith, re: Park Multi-product sale, Precision out of compliance therewith 9/22/1994 9/17/1994 1/18/1989 12/11/1991 10/31/1995 1/11/1995 9/17/1994 8/14/1995 8/23/1995 7/17/1996 No objection. No objection. Document contains handwriting of unknown origin. Document contains handwriting of unknown origin. No objection. No objection. No objection. Document is incomplete and unsigned. No objection. No objection.

11

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
89 90 35b 35c Letter from John Smith to Keith Pajkos, re: requesting one-year extension on Park timber sale Letter from Keith Pajkos to John Smith, re: extension for Park timber sale will be granted upon certain conditions Letter from John Smith to Keith Pajkos, re: can State estimate cost of contract. Letter from Keith Pajkos to John Smith, re: cost of contract Fragment of Letter from John Smith to Keith Pajkos, re: reasons Precision would want to complete sale. Letter from Keith Pajkos to John Smith, re: reduced costs of contract Letter from John Smith to Keith Pajkos, re: accepting terms of State's proposal Memo from John Smith to Lon Porter, re: State agreed to lesser payment Letter from John Smith to Keith Pajkos, re: payment, with photocopy of check Letter from Keith Pajkos to John Smith, re: lesser payment due; contains handwritten memo from "J" re: check in the mail. 8/29/1996 9/4/1996 No objection. No objection.

91 92 93

35d 35e 35f

9/26/1996 10/3/1996 10/7/1996

No objection. No objection. Foundation; relevance.

94 95 96 97 98

35g 35h 35i 35j 35k

10/9/1996 10/10/1996 10/11/1996 10/17/1996 10/17/1996

No objection. No objection. No objection. No objection. No objection.

12

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
99 36 Letter from Lewis Tenney to Milo Larson, re: Forest Services proposed settlement with Enviro plaintiffs is not economically feasible for timber companies Stone Forest Products Corp computer-generated settlement statements for Tn-Star delivery of pulpwood to Snowflake for weeks ending: 9/17, 9/24, 10/01, 10/08, 10/15, 10/26, 11/03, 11/19, 11/26 in 1995. Handwritten Logger Pay memos for Tn-Star hauling pulpwood to Stone from various sales dated in 1995: 8/2 (Dutch Joe), 8/17 (Merritt), 8/17 (Dutch Joe), 9/7 (Brookbank), 9/7 (Merritt), 917 (Dutch Joe), 9/21 (Brookbank) Harvest projection for the volume remaining as of August 25, 1995 on the 11 Forest Service sales that were breached and summary of volume of sawlogs by payment unit on specified sales 9/27/1995 Hearsay.

100

37

various

Foundation; hearsay; relevance. Exhibit is comprised of multiple documents. To the extent this document was generated directly from computer records, it was not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of multiple documents. With the exception of documents relating to the Brookbank contract, the exhibit is irrelevant.

101

37

various

102

40

Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit presents argument and inferences that are not properly included in a summary; exhibit not based upon voluminous documents (5 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. 9/14/1995 Foundation; hearsay. Hearsay.

103 104

42 43

Summary Effects of Mexican Spotted Owl Injunction Map of Arizona

13

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
105 44 Excerpts from The Dictionary of Forestry (John A. Helms, ed., 1998): cover, title page, 18-19, 88,144-145, 160-161 Stipulation from Silver v. Babbitt Order Approving Stipulation from Silver v. Babbitt Agreement to Modify Mud Timber Sale Letter from Ken Broyles to Lorin Porter, re: Mud sale release from injunction Letter from John Smith to Dan Panks, requesting some Payment Units on the Mud sale be open for harvest Letter from John Smith to Richard Stevens, requesting waiver of the "1 June restriction" on Mud Letter from Richard Stevens to John Smith, declining to waive clause CT6.314# (Timing of Logging Operations) in Mud Contract Letter from Richard Stevens to John Smith, re: operations suspended due to increased fire risk Timber Sale Inspection Report for Mud Timber Sale, re: opening some units for harvest; waiving certain restrictions for l996 season 10/18/1995 10/18/1995 8/29/1996 3/11/1996 3/25/1996 Hearsay.

106 107 108 109 110

45 46 47a 47b 47c

No objection. No objection. No objection. No objection. No objection.

111

47d

4/5/1996

No objection.

112

47e

4/12/1996

No objection.

113 114

47f 47g

5/24/1996 8/1/1996

No objection. No objection.

14

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
115 48a Letter from Lorin Porter to Chip Cartwright, re: sawmill operations being closed as result of suspension Letter from Lorin Porter to Chip Cartwright, re: Precision's situation as a result of suspension/injunction Agreement between Stone Container Corp. and Precision Pine - transfer of Kettle Timber Sale from Precision to Stone, with attached Letter from Lorin Porter to Gary Yantis, dated Dec. 29, 1997, re: remaining balance on sale due. Forest Service Form 2400-12 (9/72) - Third-party Agreement (Timber Sale) between Precision and Stone for transfer of Kettle Timber Sale Letter from Robert Leaverton to Lorin Porter, re: Forest Guardians suspension of the Hay and O.D. Ridge Timber Sales Letter from David Harris to Lorin Porter, re: Forest Guardians suspension of the Saginaw-Kennedy Timber Sale Letter from David Harris to Lorin Porter, re: Forest Guardians the suspension of the Brann Timber Sale 6/25/1996 Hearsay.

116

48c

rec'd 6/26/1996 8/15/1997

Hearsay

117

49a

No objection.

118

49b

11/3/1997

No objection.

119

50a

6/4/1997

Relevance ­ compensation as a result of the Forest Guardians suspension in 1997 is the subject of another action filed by Precision Pine Relevance ­ compensation as a result of the Forest Guardians suspension in 1997 is the subject of another action filed by Precision Pine Relevance ­ compensation as a result of the Forest Guardians suspension in 1997 is the subject of another action filed by Precision Pine

120

50b

6/6/1997

121

50c

6/6/1997

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
122 50d Letter from Clifford Dils to Lorin Porter, re: Forest Guardians suspension of the Salt Timber Sale Letter from Ken Broyles to Lorin Porter, re: Forest Guardians suspension of the U-Bar Timber Sale Letter from Clifford Dils to Lorin Porter, re: Forest Guardians suspension of the Manaco Timber Sale Letter from Steve Bennet to Precision Pine & Timber, re: Stone is closing Snowflake Pulpmill; will no longer accept pulpwood Letter from Steve Bennet to Lon Porter, re: Stone's ending chip purchases Letter from Steve Bennett to John Kirkpatrick, Acting Regional Forester, re: Stone is notifying Forest Service that it will no longer accept chips or pulpwood at Snowflake Memorandum from John Bedell to Timber Purchasers, re: Precision's Winslow mill destroyed by fire on Sept. 17, 1998 Letter from Lorin Porter to Steve Gunzel, re: Winslow fire of Sept. 17,1998 6/6/1997 Relevance ­ compensation as a result of the Forest Guardians suspension in 1997 is the subject of another action filed by Precision Pine Relevance ­ compensation as a result of the Forest Guardians suspension in 1997 is the subject of another action filed by Precision Pine Relevance ­ compensation as a result of the Forest Guardians suspension in 1997 is the subject of another action filed by Precision Pine Relevance; hearsay.

123

50e

6/3/1997

124

50f

6/6/1997

125

51a

2/12/1998

126 127

51b 51e

2/12/1998 2/12/1998

Relevance; hearsay. Relevance; hearsay.

128

52a

11/9/1999

Relevance.

129

52b

9/24/1998

Relevance; hearsay.

16

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
130 53 Precision Pine's harvest projection, "Anticipated Quantity of Wood Per Contract (in MBF (log scale))," as provided in Plaintiffs Answers to Interrogatories Expert Report on Damages by Robert Ness ("Ness Report" on Suspension Period Damages) Forest Service Manual § 2430.2, effective February 12, 1990 Forest Service Manual § 2430.2, effective April 5, 2004 Forest Service Manual § 2430.2, 5/83 Amendment 129 Forest Service Form 2400-14 (5/91) "Bid for Advertised Timber," (Bid Form) for U-Bar sale with attached:"Instructions to Bidders" Forest Service Form 2400-43 (2/91), "Certification of Nonsubstitution of Timber Purchased and Disposition of Domestically Processed and Exported Timber" for U-Bar sale. 11/14/2003 2/12/1990 4/5/2004 5/83 Foundation; hearsay.

131 132 133 134 135

54 55a 55b 55c 56a

Hearsay. Document is incomplete. Document is incomplete. Document is incomplete. No objection.

17

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
136 56b Forest Service Form 2400-14 (3/94) "Bid for Advertised Timber," (Bid Form) for Kettle sale with attached: "Instructions to Bidders" Blank Forest Service Form 2400-43 (2/91), "Certification of Nonsubstitution of Timber Purchased and Disposition of Domestically Processed and Exported Timber." Forest Service Form 2400-43 (2/91), "Certification of Nonsubstitution of Timber Purchased and Disposition of Domestically Processed and Exported Timber" for Saginaw-Kennedy Timber Sale for CY 92. Forest Service Regional Summary, "Effects of Injunction on Timber Harvest Activities on Region Three's Existing and Planned Timber Sale Program" Forest Service Form 2400-46(12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Tonto National Forest Forest Service Form 2400-46 (12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Apache-Sitgreaves National Forest 7/13/1993 No objection.

137

57

No objection.

138

58

8/28/1995

Foundation.

139

59a

undated

Foundation: document unsigned. Same as PX40.

140

59a

undated

Foundation: document unsigned, undated and contains handwriting of unknown origin. Same as PX41.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
141 59a Forest Service Form 2400-46 (12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Coconino National Forest Forest Service Form 2400-46 (12/86), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `92, Kaibab National Forest Letter from Clifford Dils to Lorin Porter, re: Purchaser Certification Forms needed for Salt and Manaco sales for CY `95 Forest Service Form 2400-46 (4/94), Purchaser Certification of Timber Domestically Processed and Exported, for Precision Pine & Timber, Inc., CY `95, Tonto National Forest (Salt and Manaco sales) Purchaser's Certification of Timber Domestically Processed and Exported (Contract #000642) Purchaser's Certification of Timber Domestically Processed and Exported (Contract #000790) Letter from Leaverton to Precision Pine re: Need "Certification of Disposition of Timber" before Contract #001228 (Hidden) can be closed & cash balance on sale. 1/3/1995 undated Foundation: document unsigned and undated. Same as PX42.

142

59a

undated

Foundation: document unsigned and undated. Same as PX43.

143

59a

3/26/1996

Relevance.

144

59a

4/9/1996

No objection.

145 146 147

59b 59b 59b

5/15/1988

Document is illegible. Same as PX22. Document date is cut off. Same as PX23. Relevance: the Hidden contract is not at issue in this action. Same as PX26

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
148 149 59b 61 Purchaser's Certification of Disposition of Timber from National Forest Sale for Contract #001228 Excerpt from "Government's Response to Appellant's May 9th Reply Regarding Appellant's motion for summary judgment, and Government's Motion for Summary Judgment" in Reidhead Bros. Lumber Mill, Inc. v. Dept. of Agriculture, AGBCA No. 200-126-1: pages: 1, 4-5 Excerpt from Scott Timber Co. v. United States, Nos. 94-784C, 96-204C, slip op. pages 1, 7-9 (Fed. Cl. July 11, 2001) Judgment, Scott Timber Co. v. United States, No. 94-784C (Fed. Cl. July 8, 2002) Letter from Lewis Tenney to Eddie Alford, re: requesting compensation for delays Letter from Robert Leaverton to Lewis Tenney, re: compensation under clauses CT6.01 and C9.2 Letter from Ken Broyles to Lewis Tenney, re: compensation under clauses CT6.01 and C9.2 Letter from Clifford Dils to Lewis Tenney, re: compensation under clauses CT6.01 and C9.2 undated 6/5/2000 Relevance: the Hidden contract is not at issue in this action. Same as second page of PX27. Relevance; parol evidence rule; document is incomplete.

150

62a

7/11/2001

Relevance. Court decision constitutes legal authority and is not properly part of an exhibit list. Inadmissible offer of compromise. FRE 418. Use of the stipulated settlement in Scott Timber is a violation of settlement agreement in that case. No objection. No objection. No objection. No objection.

151

62b

7/8/2002

152 153 154 155

62c 62d 62e 62f

12/31/1996 1/24/1997 1/30/1997 2/7/1997

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
156 63 Summary of Forest Service Timber Sale Offerings on Tonto, Apache-Sitgreaves, Coconino, Kaibab National Forests 8/25/95-12/31/98 Authenticity; foundation; relevance; underlying documents are inadmissible (hearsay); exhibit does not accurately and fairly summarize postsuspension timber sale offerings by the Forest Service; exhibit prepared by counsel. Addressed in a separately filed motion in limine. Foundation; hearsay. Authenticity; foundation; exhibit does not accurately and fairly summarize the underlying documents; exhibit not based upon voluminous documents (14 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. 6/4/1991 12/6/1995 No objection. No objection.

157 158

64 65

Forest Service Timber Sale Offering Data as Provided by Timber Data Corp. 1995- 1998 Summary of Total Remaining Volume on Sales in Issue as of August 25, 1995

159 160

66 67a

Letter from Robert Leaverton to Val Reidhead, re: transfer of Hay and Hidden Timber Sales Letter from Ronald Tissaw to John Holmes re: completed roadwork on the Saginaw-Kennedy Timber Sale Specified Road Final Acceptance Report for Monument Timber Sale Letter from John Smith to Nancy Kehret re: Salt Timber Sale road completion

161 162

67b 67c

9/7/1995 5/17/1995

No objection. Hearsay.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
163 69 Summary of mill shutdowns greater than one week in duration Authenticity; foundation; exhibit does not accurately and fairly summarize the underlying documents; exhibit not based upon voluminous documents (3 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. 2/23/1999 Relevance.

164

71c

Letter from John Smith to David Cummings, re: Forest Service reducing its pulpwood price to $.73/ccf Letter from John Smith to David Cummings, re: operating plan for Manaco in `99 Letter from David Cummings to John Smith, re: inquiring about reducing pulpwood price on Precision's contracts Letter from John Smith to Susan Lee, re: requesting 1 year C.TA. for Brookbank sale Summary comparison of WWPA index and stumpage price on U-Bar

165 166

71d 71e

2/24/1999 3/5/1999

Relevance. Relevance.

167 168

71i 72

1/5/2000

No objection. Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit is unclear and misleading; exhibit not based upon voluminous documents (2 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. No objection.

169

73

Hay timber sale contract including modifications and sale area maps (Bates stamps HAY 1-182)

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
170 73 Jersey Horse timber sale contract including modifications and sale area maps (Bates stamps JRH 1 - 158) OD Ridge timber sale contract including modifications and sale area maps (Bates stamps ODR 1-129) Brookbank timber sale contract including modifications and sale area maps (Bates stamps BRB 1 - 116) Kettle timber sale contract including modifications and sale area maps (Bates stamps KET 1 - 120) U-Bar timber sale contract including modifications and sale area maps (Bates stamps U-B 1 -246) Mud timber sale contract including modifications and sale area maps (Bates stamps MUC 1 -206) Monument timber sale contract including modifications and sale area maps (Bates stamps MON 1 -142) Salt timber sale contract including modifications and sale area maps (Bates stamps SLT 1 -186) Manaco timber sale contract including modifications and sale area maps (Bates stamps MCO 1 -206) No objection.

171

73

No objection.

172

73

No objection.

173 174 175 176

73 73 73 73

No objection. No objection. No objection. No objection.

177 178

73 73

No objection. No objection.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
179 73 Saginaw-Kennedy timber sale contract including modifications and sale area maps (Bates stamps S-K 1 -276) Precision Pines Calculation Binder Binder (Volume I) of Supporting Documents to Precision Pines Calculation Binder Robert Ness's report regarding post-suspension harvesting Kaibab Timber Sale Prospectus Salt Timber Sale Prospectus O.D. Ridge Timber Sale Prospectus Mud Timber Sale Prospectus Monument Timber Sale Prospectus Manaco Timber Sale Prospectus 2/26/2003 2/26/2003 2/7/2005 Bid date: 9/22/94 Bid date: 1/8/99 Bid date: 12/11/91 Bid date: 9/13/94 Bid date: 9/27/94 Bid date: 1/13/95 No objection.

180 181 182 183 184 185 186 187 188

74 75 77 78 78 78 78 78 78

Hearsay. Hearsay; document combines numerous, unrelated exhibits. Hearsay. Document description inaccurate. No objection. No objection. No objection. No objection. Exhibit is comprised of multiple documents: the last page is not part of the Manaco propsectus.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
189 78 Hay Timber Sale Prospectus Bid date: 3/8/89 Bid date: 7/19/95 Bid date: 12/8/93 Bid date: 9/29/92 Bid date: 4/12/95 11/17/1997 3/16/1998 11/17/1997 3/16/1998 11/17/1997 3/16/1998 11/17/1997 Exhibit is comprised of multiple documents: the exhibit contains additional forms and documents that are not part of the other prosectuses. Document contains handwritten notes of unknown origin No objection. No objection. Exhibit is comprised of multiple documents: the last page is not part of the Brookbank propsectus Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Hearsay.

190 191 192 193 194 195 196 197 198 199 200

78 78 78 78 79 79 79 79 79 79 79

Kettle Timber Sale Prospectus Jersey Horse Timber Sale Prospectus U-Bar Timber Sale Prospectus Brookbank Timber Sale Prospectus Claim letter for Salt Timber Sale Contracting Officer's final decision for Salt Timber Sale Claim letter for Brookbank Timber Sale Contracting Officer's final decision for Brookbank Timber Sale Claim letter for Manaco Timber Sale Contracting Officer's final decision for Manaco Timber Sale Claim letter for St. Joe Timber Sale

25

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
201 202 203 204 205 206 207 208 209 210 211 212 213 79 79 79 79 79 79 79 79 79 79 79 79 79 Contracting Officer's final decision for St. Joe Timber Sale Claim letter for Jersey Horse Timber Sale Contracting Officer's final decision for Jersey Horse Timber Sale Claim letter for Hay Timber Sale Contracting Officers final decision for Hay Timber Sale Claim letter for Kettle Timber Sale Contracting Officers final decision for Kettle Timber Sale Claim letter for O.D. Ridge Timber Sale Contracting Officers final decision for O.D. Ridge Timber Sale Claim letter for Brann Timber Sale Contracting Officers final decision for Brann Timber Sale Claim letter for Saginaw-Kennedy Sale Contracting Officers final decision for Saginaw-Kennedy Sale 3/16/1998 11/17/1997 3/16/1998 11/10/1997 3/16/1998 11/10/1997 3/16/1998 11/10/1997 3/16/1998 8/15/1997 11/28/1997 8/15/1997 12/4/1997 No objection. Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Hearsay. No objection.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
214 215 216 217 218 219 220 221 222 223 224 225 226 79 79 79 79 79 79 79 79 80 82 84a 84b 84c Claim letter for U-Bar Timber Sale Contracting Officers final decision for U-Bar Timber Sale Claim letter for Monument Timber Sale Contracting Officers final decision for Monument Timber Sale Claim letter for Mud Timber Sale Contracting Officers final decision for Mud Timber Sale Claim letter for Hutch-Boondock Timber Sale Contracting Officer's final decision for Hutch-Boondock Timber Sale 55 Fed. Reg. 50,643 Agreement with Stone for 3500 Cords of Pulpwood from Mud Letter from Rick Goeken to David Harrington, re: discovery issues Letter from David Harrington to Rick Goeken, re: discovery issues Letter Rick Goeken to David Harrington, re: discovery issues 8/15/1997 12/1/1997 8/15/1997 12/1/1997 8/15/1997 12/1/1997 8/15/1997 12/1/1997 12/7/1990 11/4/1997 9/15/2003 2/9/2004 2/20/2004 Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Hearsay. No objection. Relevance; hearsay. Relevance; hearsay. Relevance; hearsay.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
227 228 229 230 231 232 87 88 88 88 88 88 Precision Pine's lumber sale invoices during the period of the suspension Random Lengths 2000 Yearbook, 175: Ponderosa Pine, Kiln Dried, 4/4, #1, Shop Random Lengths 2000 Yearbook, 176: Ponderosa Pine, Kiln Dried, 5/4, #2, Shop Random Lengths 2000 Yearbook, 178: Ponderosa Pine, Kiln Dried, 5/4, #3, Shop Random Lengths 2000 Yearbook, 179: Ponderosa Pine, Kiln Dried, 5/4, Para 99, Shop Random Lengths 2000 Yearbook, 180: Ponderosa Pine, Kiln Dried, 5/4, Moulding & Btr, 10/15% C&Btr, Rough Summary of Sales with Comparable Anticipated Log and Haul Costs No objection. Hearsay Hearsay Hearsay Hearsay Hearsay

233

89

Authenticity; foundation; exhibit contains analysis, argument and inferences not appropriate in a summary; exhibit does not accurately represent underlying documents; exhibit prepared by counsel. Addressed in a separately filed motion in limine.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
234 89a Logger Pay Records for Brann: computer generated: 2/1 -2/29/96 handwritten: 2/19/96, 2/19/96 (deduction), 3/4/96 Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of selected documents and is not complete. Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of selected documents and is not complete.

235

89b

Logger Pay Records for Brookbank: computer generated: 6/1-6/30/95; 9/1-9/15/95 handwritten: 6/8/95, 6/19/95, 6/22/95, 7/5/95, 7/6/95 (Reg. logs), 7/6/95 (Reg. logs-w. correction), 7/6/95 (Little logs), 7/6/95 (TW/PW to Zellner), 7/14/95, 7/18/95, 7/19/95 (PWto Stone), 7/19/95 (Haul to Zellner), 7/20/95, 8/2/95 (no annotation), 8/2/95 (TW/PW to Stone), 8/4/95, 8/17/95, 9/5/95, 9/7/95, 9/14/95, 9/21/95 Logger Pay Records for Hay: computer generated: 12/1-12/31/94 ($4,149.99 due); 12/1-12/31/94 ($42,991.47 due); 1/1-1/15/95; 3/1-3/15/95; 5/155/31/95; 6/1 -6/30/95; 7/1-7/17/95 handwritten: 10/1/98, 10/16/98 (first 1/2 Oct), 10/16/98 (Sept. Correction), 11/3/98, 11/17/98, 11/20/98 (correcting 1- 16 Nov), 11/20/98 (Scale information for October), 12/2/98, 12/11/98, 12/17/98, 1/21/99

236

89c

Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of selected documents and is not complete.

29

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
237 89d Logger Pay Records for Hutch-Boondock (all handwritten): 11/20/95, 12/5/95, 12/19/95, 1/3/96, 1/17/96, 2/2/96, 2/19/96, 8/20/96, 11/15/96, 12/2/96, 5/5/97, 5/16/97, 7/1/98, 7/17/98, 8/3/98, 8/17/98, 8/28/98 Logger Pay Records for U-Bar (all computer-generated): 5/1-5/31/94; 10/1-10/31/95; 11/1-11/30/94; 12/1-12/31/94; 5/1-5/31/95 Exhibit is comprised of selected documents and is not complete.

238

89e

Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of selected documents and is not complete. 9/5/1997 5/21/1997 6/4/1997 12/18/1997 No objection. No objection. No objection. No objection. Authenticity; foundation; exhibit prepared by counsel. Addressed in a separately filed motion in limine. No objection. No objection.

239 240 241 242 243

94a 94b 94c 94d 96

Logger Pay memo: Pulpwood from Eagar to Stone Logger Pay memo: Pulpwood U-Bar to Stone Logger Pay memo: Pulpwood U-Bar to Stone Logger Pay memo: Whether Stone or Precision owes balance due to Tn-Star Summary of breached sales not containing Douglas Fir showing award date, average dbh and overrun factor Binder of Precision Pine's lumber sales invoices for CY's `97 & 98 Binder of Precision Pine's lumber sales invoices for CY's `99 & 00

244 245

97a 97b

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
246 100 Summary of Precision Pine's lumber production 1993-1997 Authenticity; foundation; underlying documents are inadmissible (hearsay); Precision Pine did not make the exhibits author, Robert A. Ness, available to discuss how the summary was prepared as required by RCFC App. A. Addressed in a separately filed motion in limine. Authenticity; foundation; exhibit is inaccurate, misleading and contains expert analysis not appropriate in a summary; exhibit prepared by counsel. Addressed in a separately filed motion in limine. Exhibit is comprised of multiple documents; some documents contain handwriting of unknown origin; the exhibit contains extraneous pages. Foundation (regarding the statement of income for part of 1995). 8/95 Foundation; hearsay. To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37.

247

101

Summary of Precision Pine's net income for FYE 3/31/92 through FYE 3/31/00

248

102

Precision Pine's Income Statements FYE 3/31/92-3/31/01; Statement of Income for 5 months ended August 1995

249

105

Winslow Sales Ledger for August 1995

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
250 107a Logger Pay Records for Brann: computer generated: 2/1 -2/29/96 handwritten: 2/19/96, 2/19/96 (deduction for trespass), 3/4/96 Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of selected documents and is not complete. Same as PX234. Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of multiple documents and is not complete. Same as PX237 Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of multiple documents.

251

107b

Logger Pay Records for Hutch-Boondock (all handwritten): 11/20/95, 12/5/95, 12/19/95, 1/3/96, 1/17/96, 2/2/96, 2/1 9/96, 8/20/96, 11/15/96, 12/2/96, 5/5/97, 5/16/97, 7/1/98, 7/17/98, 8/3/98, 8/17/98, 8/28/98.

252

107c

Logger Pay Records for St. Joe: computer-generated: 6/1-6/31/93, 7/1-7/31/93, 8/1-8/31/93, 4/1-4/30/93, 7/1-7/15/94, 12/1-12/31/94, 1/1-1/31/95, 4/24-4/30/95, 5/1-5/31/95, 6/1-6/30/95, 11/16-11130/95, 12/1-12/31/95, 1/1-1/31/96, 2/1-2/29/96, 3/1-3/15/96, 4/1 - 4/30/96, 5/1-5/31/96 handwritten: 5/18/95, 6/22/95, 7/5/95, 7/6/95, 12/5/95, 1/5/96, 1/17/96, 2/2/96, 2/12/96, 2/19/96, 3/4/96, 3/8/96, 3/1 8/96, 3/19/96, 4/16/96, 5/3/96, 5/16/96, 5/16/96 (April correction), 6/4/96 Logger Pay memo: Pulpwood from Eagar to Stone 9/5/1997

253

108c

Same as PX239.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
254 255 108d 109 Letter from Tn-Star to John Smith: pulpwood tickets from Jersey Horse left unpaid Corrected page C-0048 to Calculations Binder, dated February 26, 2003 re: calculation of damages--grindings Government's discovery responses (Defendant's Response to Plaintiff's First Set of Interrogatories and Request for Production of Documents on Quantum) Letter from Smith to Leaverton, re: Hay volume to Winslow Letter from Smith to Leaverton, requesting alternate haul route Letter from Porter to Cartwright, re: status of contracts in region- built Eagar Mill especially for Hay Letter from Tenney to Denton, re: plan to haul Hay timber to Eagar Scaling reports at Eagar mill: 6/1 5/95,12/22/94 Letter from Lewis Tenney to Chip Cartwright, re: ability to harvest Hay in winter. 10/25/1996 7/14/2003 12/15/1997 Hearsay; Relevance. The Court addressed and rejected Precision Pine's "pass-through" claim. Foundation; hearsay.

256

111

No objection.

257 258 259

112a 112b 112c

12/9/1996 12/9/1996 6/26/1996

No objection. No objection. Hearsay.

260 261 262

112d 112e 112f

11/23/1994

No objection. Foundation; hearsay. Hearsay.

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
263 112g Summary of lumber produced at Eagar Mill from timber harvested on Hay Sale Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit purports to summarize inadmissible witness testimony (hearsay); exhibit contains argument and inferences not appropriate in a summary; exhibit prepared by counsel. Addressed in a separately filed motion in limine. Document is incomplete. Same as PX20. 1/30/1997 3/4/1998 No objection. No objection.

264 265 266

112h 112i 112j

Excerpts from Eagar production ledger: Feb., Mar. and Apr. 1997 Letter from Smith to Leaverton, re: will haul Hay volume to Eagar starting 2/3/97 Agreement between Precision and Forest Service to scale logs at Heber Mill with attached scale area sketch Logger Pay Records for Hay: computer generated: 12/1-12/31/94 ($4,149.99 due); 12/1-12/31/94($42,991.47 due); 1/1-1/15/95; 3/1-3/15/95; 5/15- 5/31/95; 6/1-6/30/95; 7/1-7/17/95 handwritten: 10/1/98, 10/16/98 (first 1/2 Oct), 10/16/98 (Sept. Correction), 11/3/98, 11/17/98, 11/20/98 (correcting 1- 16 Nay), 11/20/98 (Scale information for October), 12/2/98, 12/11/98, 12/17/98, 1/21/99

267

112k

Foundation (regarding printed pages). To the extent this document was generated directly from computer records, the records were not produced to the United States in discovery and should be excluded. E.g., RCFC 37. Exhibit is comprised of selected documents and is not complete.

34

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DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
268 112l Summary of Hay volume hauling in 1998 Authenticity; foundation; relevance; exhibit contains analysis, argument and inferences not appropriate in a summary; exhibit does not accurately represent underlying documents; exhibit not based upon voluminous documents (8 documents); exhibit prepared by counsel. Addressed in a separately filed motion in limine. Foundation; hearsay.

269

112m

Form ASNF 2400-30, pg.2 "3P Computation Sheet-Volume" for Hay Sale, Sept., 1998, with attached Forest Service Scale data sheets dated 9/30/98 and 10/1/98 Excerpts from State of AZ Land Dept. fact sheet Precision Pine's Answers to the Government's Requests for Admissions Deposition Transcript (including exhibits) of Leaverton Deposition Transcript (including exhibits) of Lee Deposition Transcript (including exhibits) of Wagonfehr Deposition Transcript (including exhibits) of Broyles Deposition Transcript (including exhibits) of Harris

270 271 272 273 274 275 276

113 115 116a 116b 116c 116d 116e

Hearsay. Hearsay. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable.

35

Case 1:98-cv-00720-GWM

Document 324-2

Filed 04/20/2005

Page 36 of 39

DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
277 278 279 280 281 282 283 284 285 286 287 116f 116g 118 119 120a 120b 120c 120d 120e 120f 121 Deposition Transcript (including exhibits) of Fink Deposition Transcript (including exhibits) of Hogg Kettle Pre-sale report and Appraisal Excerpt from Brann Cruise Report: Sale Summary page 5 Contracting Officer's final decision for Jersey Horse Contracting Officer's final decision for Monument Contracting Officer's final decision for O.D. Ridge Contracting Officer's final decisions for Saginaw-Kennedy Contracting Officer's final decisions for Salt Contracting Officer's final decisions for U-Bar Rebuttal Exhibit re: Moosman's use of sales journals Prepared: 6/7/95 9/21/1994 3/16/1998 8/15/1997 3/16/1998 12/4/1997 3/16/1998 12/1/1997 2/26/2005 Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Hearsay ­ under FRE 804 a prior sworn statement is admissible only if the witness is unavailable. Document is incomplete. Document is incomplete. Same as PX203. Same as PX217. Same as PX209. Same as PX213. Same as PX195. Same as PX215. Addressed in a separately filed motion in limine.

36

Case 1:98-cv-00720-GWM

Document 324-2

Filed 04/20/2005

Page 37 of 39

DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
288 122 Summary of Precision Pine's product mix at various times Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit contains analysis, argument and inferences not appropriate in a summary; exhibit not based upon voluminous documents (2 documents); Precision Pine did not make the author of page 1 of the exhibit, Robert A. Ness, available to discuss how the summary was prepared as required by RCFC App. A; page 2 of the exhibit prepared by counsel. Addressed in a separately filed motion in limine. Authenticity; foundation; exhibit not based upon voluminous documents (1 document); exhibit prepared by counsel. Addressed in a separately filed motion in limine. No objection. Foundation; hearsay; exhibit is comprised of multiple documents; documents are incomplete.

289

123

Summary of Precision Pine's production by lumber product (July 1994-- July 1995) (13 pages)

290 291

124 125a

TSSA's for the breached sales Precision Pine's CPA's (Baldwin Jones') work papers: Inventory sheets from "Section F" for FYE 3/31/93, 3/31/94, 3/31/95, 3/31/96, 3/31/97; inventory sheet dated 8/31/95

37

Case 1:98-cv-00720-GWM

Document 324-2

Filed 04/20/2005

Page 38 of 39

DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
292 125b Precision Pine's CPA's (Baldwin Jones') work papers: Lead schedules for FYE 1995- 1998 "Adjusting Journal Entries" FYE 3/31/96 Winslow Sales Records: FYE 3/97, FYE 3/96, FYE 3/94 Winslow Shipments: FYE 3/95 Winslow Production report: FYE 3/94 Snowflake Sale Records: FYE 3/95 Precision Pine's CPA's (Baldwin Jones') financial statements FYE's 3/31/91-3/31/98 Foundation; hearsay; exhibit is comprised of multiple documents; documents are incomplete.

293

126

Foundation; exhibit is comprised of multiple documents; documents contain handwritten notes of unknown origin; exhibit contains extraneous pages; hearsay as to "adjusting journal entries" document. No objection. Hearsay. 9/8/1997 No objection. Relevance; incomplete document. 5/4/1999 9/5/1995 Hearsay. Relevance; hearsay.

294 295 296 297 298 299

127 128 129a 129b 131 132

Winslow Sales Journal 1994-2000 Binder of Precision Pine's Answers and Supplemental Answers to Interrogatories Letter from John Smith to Susan Lee, with attached copy of contract clause CT3.431 (8/97) Contract clause CT3.43 (9191) Letter from Precision Pine to Eleanor Towns, Regional Forester, re: issues in Region 3 Letter from Lewis Tenney to Ken Broyles, re: impact of suspension on Precision Pine's operations

38

Case 1:98-cv-00720-GWM

Document 324-2

Filed 04/20/2005

Page 39 of 39

DEFENDANT'S OBJECTIONS TO EXHIBITS ON PLAINTIFF'S FINAL EXHIBIT LIST
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
300 301 133 135 Letter from Lorin Porter to David Harris, re: impact of suspensions on Precision Pine's operations Snowflake sales journal (April 1993-March 1995) 10/4/1995 Hearsay. No objection.

39