San Luis & Delta-Mendota Water Authority et al v. Locke et al

Filing 472

ORDER Re Admission of Extra - Record Testimony of Dr. Kenneth Cummins signed by Judge Oliver W. Wanger on 9/2/2010. (Esteves, C)

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Order Re Extra-Record Testimony of Dr. Kenneth Cummins

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA THE CONSOLIDATED SALMON CASES: SAN LUIS & DELTA-MENDOTA WATER AUTHORITY, et al. v. LOCKE, et al. STOCKTON EAST WATER DISTRICT v. NOAA, et al. LEAD CASE NO. 1:09-CV-1053-OWW-DLB Consolidated Cases: 1:09-CV-1090-OWW-DLB 1:09-CV-1378-OWW-DLB 1:09-CV-1520-OWW-SMS 1:09-CV-1580-OWW-DLB 1:09-CV-1625-OWW-SMS

STATE WATER CONTRACTORS v. LOCKE, ORDER RE ADMISSION OF EXTRAet al. RECORD TESTIMONY OF DR. KENNETH KERN COUNTY WATER AGENCY, et al. v. CUMMINS U.S. DEPARTMENT OF COMMERCE, et al. OAKDALE IRRIGATION DISTRICT, et al. v. U.S. DEPARTMENT OF COMMERCE, et al. THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA V. NATIONAL MARINE FISHERIES SERVICE, et al.

09cv1053.o.admission.Dr.KC.doc

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DEAC_Signature-END:

On July 19 and 20, 2010, Plaintiffs Kern County Water Agency ("KCWA") and the Coalition for a Sustainable Delta's ("Coalition") motion to submit extra-record expert testimony in support of Plaintiffs' motion for summary judgment came for hearing before the Court. Having fully considered the briefs, evidence and oral arguments submitted in support of and in opposition to the motion, THE COURT HEREBY ORDERS: 1. KCWA and the Coalition's motion for admission of extra-record testimony by Dr.

Kenneth Cummins is GRANTED. Dr. Cummins is permitted to provide expert testimony related to the use of surrogates in the biological opinion. Dr. Cummins may provide testimony regarding the use of Chinook as a surrogate for steelhead and the use of hatchery Chinook as a surrogate for wild Chinook. 2. The Court reserves its ruling on the final admissibility of any testimony provided by Dr.

Cummins until it has reviewed his declaration for admissibility on relevance grounds or for failure to meet one of the established exceptions to record review.

IT IS SO ORDERED. Dated: emm0d64h

September 2, 2010

UNITED STATES DISTRICT JUDGE

/s/ Oliver W. Wanger

Order Re Extra-Record Testimony of Dr. Kenneth Cummins 09cv1053.o.admission.Dr.KC.doc

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