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

Case 1:98-cv-00720-GWM

Document 318-2

Filed 04/18/2005

Page 1 of 37

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

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Document 318-2

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Page 2 of 37

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 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

1o

9/25/1990

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

2

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Document 318-2

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Page 3 of 37

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.)
16 17 18 1p 1q 2 Pre-Sale Report and Appraisal Summary for the Barber timber sale 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 8/20/1993 8/30/1993 Relevance ­ the Barber timber sale is not at issue in this action. 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.

3

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Document 318-2

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Page 4 of 37

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.)
19 2 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 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 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. 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.

20

2

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)

22

4

Document is illegible.

4

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Document 318-2

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Page 5 of 37

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.)
23 24 4 4 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) 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 11/7/1990 Document date is cut off. No objection.

25

4

7/9/1993

Document contains handwriting of unknown origin. Relevance: the Hidden contract is not at issue in this action.

26

4

1/3/1995

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.

28 29 30 31

6a 6b 6c 8b(i)

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

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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.)
32 33 34 35 36 8b(ii) 8b(iii) 8c 8e 8f 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 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 2/3/1998 3/15/1993 3/7/1997 Document is incomplete Document is incomplete. Document is incomplete. No objection. 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.

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Document 318-2

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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.)
41 11 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 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" undated Foundation: document is unsigned and undated.

42

11

undated

Foundation: document is unsigned and undated.

43

11

undated

Foundation: document is unsigned.

44

12

Foundation; relevance.

45

12

Foundation; relevance.

46 47

12 12

Foundation; relevance. Foundation; relevance.

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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.)
48 12 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 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 Summary Comparison of Precision Pine's Prices v. Random Length's Prices: 5/4#2 Shop 5/28/1997 2/14/1995 11/14/2003 11/14/2003 11/16/2003 11/16/2003 undated 11/14/2003 Foundation; relevance.

49 50 51 52 53 54 55 56 57

13 14 20 20 21 21 24 25 28

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. Hearsay. Hearsay. Hearsay. Relevance; hearsay. Hearsay. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing.

58

28

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.)
59 28 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 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) Profit Projection Sheets for Cap Mamie Timber Sale (2 pages) 1/95 12/12/1990 6/28/1988 9/26/1989 5/23/1989 9/12/1991 3/22/1990 SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. Hearsay. No objection. Document contains handwriting of unknown origin. Document contains illegible handwriting of unknown origin. Document contains handwriting of unknown origin. No objection. No objection.

60

28

61

30

62 63 64 65 66 67 68

31 32a 32b 32d 32e 32e 32j

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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.)
69 70 71 72 73 74 75 76 77 78 79 32k 32k 32l 32m 32n 32o 32p 32p 32q 32r 32s 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) Profit Projection Sheet for All Fir under contract (1 page) 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 9/22/1994 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. No objection.

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.)
80 81 82 83 84 85 86 87 88 32t 32u 32v 32w 32x 32y 33 34 35a 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 Letter from John Smith to Keith Pajkos, re: requesting one-year extension on Park timber sale 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. 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.

89

35b

8/29/1996

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.)
90 35c 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. 9/4/1996 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 Summary Effects of Mexican Spotted Owl Injunction Map of Arizona 9/14/1995 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

SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. Hearsay.

103

42

104

43

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.

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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.

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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.

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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

SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. Foundation: document unsigned. Same as PX40.

139

59a

undated

140

59a

undated

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

18

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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 Forest Service Timber Sale Offering Data as Provided by Timber Data Corp. 1995-1 998 Summary of Total Remaining Volume on Sales in Issue as of August 25, 1995 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 Summary of mill shutdowns greater than one week in duration 6/4/1991 12/6/1995 SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. No objection. No objection.

157

64

158

65

159 160

66 67a

161 162 163

67b 67c 69

9/7/1995 5/17/1995

No objection. Hearsay. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing.

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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.)
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 Hay timber sale contract including modifications and sale area maps (Bates stamps HAY 1-182) 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) 2/23/1999 Relevance.

165 166

71d 71e

2/24/1999 3/5/1999

Relevance. Relevance.

167 168

71i 72

1/5/2000

No objection. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. No objection. No objection.

169 170

73 73

171

73

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.)
172 73 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) 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 2/26/2003 2/26/2003 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.

179

73

No objection.

180 181

74 75

Hearsay. Hearsay; document combines numerous, unrelated exhibits.

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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.)
182 183 184 185 186 187 188 189 77 78 78 78 78 78 78 78 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 Hay Timber Sale Prospectus 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 Bid date: 3/8/89 Bid date: 7/19/95 Bid date: 12/8/93 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. 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.

190 191

78 78

Kettle Timber Sale Prospectus Jersey Horse Timber Sale Prospectus

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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.)
192 193 194 195 196 197 198 199 200 201 202 203 204 78 78 79 79 79 79 79 79 79 79 79 79 79 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 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 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 3/16/1998 11/17/1997 3/16/1998 11/10/1997 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. No objection. Hearsay. 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.)
205 206 207 208 209 210 211 212 213 214 215 216 217 79 79 79 79 79 79 79 79 79 79 79 79 79 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 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 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 8/15/1997 12/1/1997 8/15/1997 12/1/1997 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.)
218 219 220 221 222 223 224 225 226 227 228 229 79 79 79 79 80 82 84a 84b 84c 87 88 88 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 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 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. Relevance; hearsay. Relevance; hearsay. Relevance; hearsay. No objection. 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.)
230 231 232 88 88 88 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 Logger Pay Records for Brann: computer generated: 2/1 -2/29/96 handwritten: 2/19/96, 2/19/96 (deduction), 3/4/96 Hearsay Hearsay Hearsay

233

89

SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. 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.

234

89a

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

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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.)
236 89c 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 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 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.

237

89d

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.

239 240 241 242

94a 94b 94c 94d

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

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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.)
243 96 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 Summary of Precision Pine's lumber production 1993-1997 Summary of Precision Pine's net income for FYE 3/31/92 through FYE 3/31/00 Precision Pine's Income Statements FYE 3/31/92-3/31/01; Statement of Income for 5 months ended August 1995 SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. No objection. No objection. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. 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.

244 245 246

97a 97b 100

247

101

248

102

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 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 Summary of Hay volume hauling in 1998 1/30/1997 3/4/1998 SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. Document is incomplete. Same as PX20. No objection. No objection.

264 265 266

112h 112i 112j

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.

268

112l

SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing.

33

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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.)
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 Deposition Transcript (including exhibits) of Fink Deposition Transcript (including exhibits) of Hogg Foundation; hearsay.

270 271 272 273 274 275 276 277 278

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

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. 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.

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.)
279 280 118 119 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 Summary of Precision Pine's product mix at various times Summary of Precision Pine's production by lumber product (July 1994-- July 1995) (13 pages) Prepared: 6/7/95 9/21/1994 Document is incomplete. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. 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. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing. SUMMARY EXHIBIT ­ document will be addressed in a motion in limine or a separate filing.

281 282 283 284 285 286 287 288

120a 120b 120c 120d 120e 120f 121 122

3/16/1998 8/15/1997 3/16/1998 12/4/1997 3/16/1998 12/1/1997 2/26/2005

289

123

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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.)
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 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 No objection. Foundation; hearsay; exhibit is comprised of multiple documents; documents are incomplete.

292

125b

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.

294 295 296

127 128 129a

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)

36

Case 1:98-cv-00720-GWM

Document 318-2

Filed 04/18/2005

Page 37 of 37

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.)
297 298 299 300 301 129b 131 132 133 135 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 Letter from Lorin Porter to David Harris, re: impact of suspensions on Precision Pine's operations Snowflake sales journal (April 1993-March 1995) 5/4/1999 9/5/1995 10/4/1995 Relevance; incomplete document. Hearsay. Relevance; hearsay. Hearsay. No objection.

37