State of Montana v. Talen Montana, LLC et al

Filing 350

ORDERED: Motion (Doc. 348) is GRANTED IN PART and DENIED IN PART. The Court clarifies that it has set aside twelve courtroom days for trial from January 4 to January 20, 2022. The Court will not set further limitations on the number of trial days it will allow at this time. See order for full details. Signed by Judge Dana L. Christensen on 12/29/2021. (HEG)

Case 6:16-cv-00035-DLC Document 350 Filed 12/29/21 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

STATE OF MONTANA,

CV 16–35–H–DLC

Plaintiff,
vs.

ORDER

TALEN MONTANA, LLC, f/k/a PPL
Montana, LLC, and NORTHWESTERN
CORPORATION, d/b/a NorthWestern
Energy, a Delaware corporation, and
UNITED STATES OF AMERICA,
United States Forest Service, United
States Bureau of Reclamation, and United
States Bureau of Land Management,
Defendants.
Before the Court is Plaintiff State of Montana’s Motion for Clarification on
the Number of Trial Days. (Doc. 348.) Defendants oppose the motion and have
filed a response. (Id. at 3; Doc. 349.)
The Court will not set an outer limit on the number of trial days in this
matter at this time except to state the number of courtroom days set aside for this
trial. The Court has set aside twelve courtroom days for trial, commencing on

1

Case 6:16-cv-00035-DLC Document 350 Filed 12/29/21 Page 2 of 3

January 4, 2022, and ending on January 20, 2022.1 The Court commends the
parties on their efforts to make trial more efficient, including stipulating to the
admission of expert reports and most exhibits (Doc. 348 at 2), and to that end
hopes that it will not be necessary to use all of the courtroom days set aside for this
trial. In the interest of further promoting efficiency and avoiding unnecessary
burdens on counsel and witnesses, the Court will order the parties to disclose to
opposing counsel by the end of each trial day which witness or witnesses they
intend to call during the following trial day and how long they expect direct
examination of each witness to take.
Accordingly, IT IS ORDERED that the Motion (Doc. 348) is GRANTED IN
PART and DENIED IN PART. The Court clarifies that it has set aside twelve
courtroom days for trial from January 4 to January 20, 2022. The Court will not
set further limitations on the number of trial days it will allow at this time.
IT IS FURTHER ORDERED that by the close of trial on each day of trial,
the parties shall disclose to opposing counsel the witness or witnesses they intend
to call the following trial day and how long they expect direct examination of each
witness to take.

1

This calculation excludes January 17, 2022, on which the Court will be closed in
observation of Martin Luther King, Jr. Day.
2

Case 6:16-cv-00035-DLC Document 350 Filed 12/29/21 Page 3 of 3

DATED this 29th day of December, 2021.

3