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

Case 1:98-cv-00720-GWM

Document 323-2

Filed 04/20/2005

Page 1 of 3

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

Plaintiff's Exhibit Number
57

Number on Preliminary Exhibit List
28

Description
Summary Comparison of Precision Pine's Prices v. Random Length's Prices: Moulding & Better

Objections
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. 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. 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. 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. Authenticity; foundation; exhibit includes comments and footnotes that are not properly part of a summary; exhibit prepared by counsel.

58

28

Summary Comparison of Precision Pine's Prices v. Random Length's Prices: 5/4#2 Shop Summary Comparison of Precision Pine's Prices v. Random Length's Prices: 5/4#3 Shop Summary Comparison of Precision Pine's Prices v. Random Length's Prices: Paragraph 99 Summary Comparison of Bids on 14 suspended sales

59

28

60

28

61

30

1

Case 1:98-cv-00720-GWM

Document 323-2

Filed 04/20/2005

Page 2 of 3

DEFENDANT'S OBJECTIONS TO PLAINTIFF'S "SUMMARY" EXHIBITS
Precision Pine and Timber, Inc. v. United States, No. 98-720 C (Fed. Cl.)
102 40 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 Summary of Forest Service Timber Sale Offerings on Tonto, Apache-Sitgreaves, Coconino, Kaibab National Forests 8/25/95-12/31/98 Summary of Total Remaining Volume on Sales in Issue as of August 25, 1995 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. Authenticity; foundation; relevance; underlying documents are inadmissible (hearsay); exhibit does not accurately and fairly summarize post-suspension timber sale offerings by the Forest Service; exhibit prepared by counsel. Authenticity; foundation; exhibit does not accurately and fairly summarize the underlying documents; exhibit not based upon voluminous documents (14 documents); exhibit prepared by counsel. Authenticity; foundation; exhibit does not accurately and fairly summarize the underlying documents; exhibit not based upon voluminous documents (3 documents); exhibit prepared by counsel. Authenticity; foundation; underlying documents are inadmissible (hearsay); exhibit is unclear and misleading; exhibit not based upon voluminous documents (2 documents); exhibit prepared by counsel. Authenticity; foundation; exhibit contains analysis, argument and inferences not appropriate in a summary; exhibit does not accurately represent underlying documents; exhibit prepared by counsel. Authenticity; foundation; exhibit prepared by counsel.

156

63

158

65

163

69

Summary of mill shutdowns greater than one week in duration Summary comparison of WWPA index and stumpage price on U-Bar Summary of Sales with Comparable Anticipated Log and Haul Costs Summary of breached sales not containing Douglas Fir showing award date, average dbh and overrun factor

168

72

233

89

243

96

2

Case 1:98-cv-00720-GWM

Document 323-2

Filed 04/20/2005

Page 3 of 3

DEFENDANT'S OBJECTIONS TO PLAINTIFF'S "SUMMARY" EXHIBITS
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. Authenticity; foundation; exhibit is inaccurate, misleading and contains expert analysis not appropriate in a summary; exhibit prepared by counsel. 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. 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. 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. Authenticity; foundation; exhibit not based upon voluminous documents (1 document); exhibit prepared by counsel.

247

101

Summary of Precision Pine's net income for FYE 3/31/92 through FYE 3/31/00 Summary of lumber produced at Eagar Mill from timber harvested on Hay Sale

263

112g

268

112l

Summary of Hay volume hauling in 1998

288

122

Summary of Precision Pine's product mix at various times

289

123

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

3