Filed: Sep. 10, 2015
Latest Update: Sep. 10, 2015
Summary: ORDER BARBARA B. CRABB , District Judge . Presently before the court are three motions relating to the trial exhibits in this case: (1) plaintiff Northern States Power's motion to admit certain trial exhibits, dkt. #520; (2) defendant City of Ashland's corrected motion to admit certain trial exhibits, dkt. #531; and (3) defendant City's motion to admit certain trial exhibits, dkt. #552. Also before the court are various letters from the parties containing objections to various documents: (1
Summary: ORDER BARBARA B. CRABB , District Judge . Presently before the court are three motions relating to the trial exhibits in this case: (1) plaintiff Northern States Power's motion to admit certain trial exhibits, dkt. #520; (2) defendant City of Ashland's corrected motion to admit certain trial exhibits, dkt. #531; and (3) defendant City's motion to admit certain trial exhibits, dkt. #552. Also before the court are various letters from the parties containing objections to various documents: (1)..
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ORDER
BARBARA B. CRABB, District Judge.
Presently before the court are three motions relating to the trial exhibits in this case: (1) plaintiff Northern States Power's motion to admit certain trial exhibits, dkt. #520; (2) defendant City of Ashland's corrected motion to admit certain trial exhibits, dkt. #531; and (3) defendant City's motion to admit certain trial exhibits, dkt. #552. Also before the court are various letters from the parties containing objections to various documents: (1) defendant City's objections to plaintiff's exhibits, dkt. #576; (2) defendant County's objections to plaintiff's exhibits, dkt. #577; (3) plaintiff's objections to defendant County's exhibits, dkt. #578; (4) plaintiff's objections to defendant City's exhibits, dkt. #579; (5) defendant City's objections to plaintiff's exhibits, dkt. #580); and (6) plaintiff's objections to trial exhibits, dkt. #581. The parties have moved into evidence the trial exhibits they have set out in dkt. #574 (plaintiff); dkt. #559 (City of Ashland); and dkt. #575 (Ashland County). Finally, defendant Ashland County filed a motion to strike plaintiff's proposed finding of fact no. 266, dkt. #570.
After reviewing the various motions and the responses, I am admitting all exhibits proposed by any party to which the opposing party or parties have not objected. I am granting defendant County's motion to strike, which is unopposed by plaintiff, dkt. #572, and I am admitting certain exhibits and rejecting others, as set out below.
RULINGS ON EXHIBITS OFFERED BY ASHLAND COUNTY, DKT. #578
CI-5015 (Dep. Exh. 17) Not received — Foundation
CI-5020 (Dep. Exh. 187) Not received — Hearsay
CI-5033 (Dep. Exh. 218) Not received — Hearsay
CI-5071 Received
CI-5082 Received
CI-5257 (STIP. 1368) Not received — Relevance
CI-5259 Received
CI-5284 (Dep. Exh. 314) Received
CI-5332 Received
CI-5347 Received
CI-5348 Received
CI-5389 Reived (except as to Exh. O)
RULINGS ON EXHIBITS OFFERED BY CITY OF ASHLAND, DKT. #559
CI-5246 Not received — Hearsay
CI-5251 Received
CI-5279 Not received — Hearsay
CI-5332 Received
CI-5347 Received
CI-5348 Received
CI-5022 (STIP 1283) Received
STIP-1364 Received
STIP-1368 (CI-5257) Not received — Hearsay; Relevance
DEP. EX 23 Received
DEP. EX. 157 (CI-5015) Not received — Foundation
DEP. EX. 171 (CI-5018) Not received — Foundation
DEP. EX. 187 (CI-5020) Not received — Relevance
DEP. EX. 191 (STIP 1393) Not received — Not shown to witness at
trial
DEP. EX. 218 (CI-5033) Not received — Hearsay
DEP. EX. 226 (CI-5037) Not received — Hearsay
DEP. EX. 228 (CI-5038) Received
DEP. EX. 23 (CI-5146) Received
DEP. EX. 231 (CI-5040) Not received — Relevance
DEP. EX. 239 (CI-5045) Not received — Relevance
DEP. EX. 265 (CI-5058) Not received — Relevance
DEP. EX. 268 (CI-5059) Not received — Relevance
DEP. EX. 27 (CI-5148) Not received — Not shown to witness at
trial
DEP. EX. 270 (CI-5060) Not received — Not shown to witness at
trial
DEP. EX. 271 (CI-5061) Not received — Not shown to witness at
trial
DEP. EX. 273 (CI-5063) Not received — Not shown to witness at
trial
DEP. EX. 274 (CI-5064) Not received — Not shown to witness at
trial
DEP. EX. 287 (CI-5069) Received
DEP. EX. 288 (STIP-1366) Received
DEP. EX. 289 (CI-5070) Received
DEP. EX. 293 (STIP-1367) Received
DEP. EX. 294 (CI-5073) Not received — Hearsay
DEP. EX. 295 (CI-5074) Not received — Hearsay
DEP. EX. 314 (CI-5284) Received
DEP. EX. 331 (CI-5081) Not received — Hearsay
DEP. EX. 336 (STIP-1368) Not received — Relevance
DEP. EX. 620 Reived — Relevance
RULINGS ON EXHIBITS OFFERED BY NORTHERN STATES POWER, DKT.
#574
PX-3003 (Dep. Exh. 42) Not Received — Foundation
PX-3012 Received (as to City only)
PX-3025 Received
PX-3026 Received
PX-3268 (Dep. Exh. 93) Not Received — Hearsay
PX-3269 (Dep. Exh. 95) Not received — Hearsay
PX-3270 (Dep. Exh. 96) Not received — Hearsay
PX-3274 (Dep. Exh. 102) Not received — Hearsay
PX-3276 (Dep. Exh. 104) Received
X-3282 (Dep. Exh. 115) Received
PX-3297 (Dep. Exh. 164) Received
PX-3303 (Dep. Exh. 212) Received (as to City only)
PX-3304 (Dep. Exh. 236) Not Received — Foundation
PX-3311 (Dep. Exh. 487) Received
PX-3314 (Dep. Exh. 495) Received
PX-3324 (Dep. Exh. 592) Not received — Relevance
PX-3325 (Dep. Exh. 593) Not received — Relevance
PX-3360 (Dep. Exh. 17) Not received — Hearsay
PX-3396 Received as stipulated
PX-3571 Not received — Hearsay
PX-3584 Received
PX-3586 Received
PX-3587 Received
PX-3588 Received
PX-3689 Not received — Hearsay
PX-3869 Not Received — Hearsay
PX-4079 Received
PX-4084 Received
PX-4144 Received
PX-4145 Received
PX-4164 Received
DEP. EX. 16 Not received — Hearsay
ORDER
IT IS ORDERED that defendant Ashland County's unopposed motion to strike plaintiff's proposed finding of fact no. 266, dkt. #570, is GRANTED and all exhibits set out in dkts. ## 559, 574 and 575 that are not the subject of an objection are RECEIVED, as are all exhibits listed above as RECEIVED. The remaining exhibits are NOT RECEIVED.
