Chevron Mining Inc. v. United States of America et al

Filing 222

ORDER on the Parties' Joint Notice Regarding Pre-Trial Procedures 221 by Circuit Judge Paul Kelly, Jr. supplementing CMO No. 1 216 . (Attachments: # 1 CMO No. 1 Updated, # 2 Appendix A to CMO No. 1, Summary of Various Deadlines Updated) (rt)

Case 1:13-cv-00328-PJK-JFR Document 222 Filed 09/14/21 Page 1 of 3

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

CHEVRON MINING INC.,
Plaintiff/Counter-Defendant,
vs.
UNITED STATES OF AMERICA,
UNITED STATES DEPARTMENT OF
THE INTERIOR, UNITED STATES
DEPARTMENT OF AGRICULTURE,

No. 1:13-cv-00328-PJK-JFR

Defendants/Counter-Claimants.

ORDER on the PARTIES’ JOINT NOTICE
REGARDING PRE-TRIAL PROCEDURES (ECF No. 221)

THIS MATTER came before the court on the parties’ Joint Notice Regarding PreTrial Procedures filed September 9, 2021 (ECF No. 221). The parties have requested
clarification and supplementation of the Case Management Order (ECF No. 216). Upon
consideration thereof, the Case Management Order will be supplemented as follows:
Deposition Designations
The parties shall submit to the court a single set of completed designations
(including counter-designations) by November 8, 2021. Chevron-sponsored testimony
will be highlighted in yellow and United States-sponsored testimony will be highlighted
in blue. Where Chevron and the United States have designated the same testimony, it

Case 1:13-cv-00328-PJK-JFR Document 222 Filed 09/14/21 Page 2 of 3

will be highlighted in green.
Treatment of Exhibits and Objections to Exhibits in Written Form
The parties have agreed that exhibits introduced in written, direct testimony may
be cited and discussed in the pre-filed direct testimony and will be admitted at trial absent
a bona fide objection contained in the Joint Exhibit List (CMO ¶ 1.4) to be filed January
17, 2022. In the event of such an objection, the party sponsoring the exhibit should (in
the Joint Exhibit List) reference any additional foundation as necessary to address the
objection.
Filing of Written Testimony and Exhibits
Paragraph 1.4 of the CMO shall be amended to provide that: “The parties shall
submit exhibits by November 8, 2021 and all exhibits shall be pre-marked. The parties
shall provide two courtesy hard copies to the court as well as the exhibits in electronic
form on a disk or thumb drive.” Rather than filing each exhibit in CM/ECF, the court
will use this procedure.
Insofar as identification of all trial exhibits by September 1, 2021 (CMO ¶ 1.1),
the court’s intent was to have the parties make a good-faith effort to identify all trial
exhibits that could be reasonably anticipated for use in pre-filed direct, cross, and redirect
and anticipated rebuttal. This does not apply to rebuttal exhibits that cannot be
anticipated before trial.
Rebuttal Testimony
Consistent with CMO ¶ 2.1, the court’s strong preference is that expert reports
(including rebuttal expert reports given in reasonable anticipation of the need for such
2

Case 1:13-cv-00328-PJK-JFR Document 222 Filed 09/14/21 Page 3 of 3

testimony) should be disclosed sooner rather than later and be developed in pre-filed
direct testimony. The parties’ stipulation concerning a Chevron rebuttal witness (Randy
Grip) allowing Chevron to submit pre-filed direct by November 5, 2021 is acceptable.
Trial Proceedings
The United States may offer its trial exhibits prior to the United States conducting
cross-examination of Chevon’s witnesses.
The CMO has been amended accordingly and is attached.
DATED this 14th day of September 2021, at Santa Fe, New Mexico.
/s/ Paul Kelly, Jr.
United States Circuit Judge
Sitting by Designation

3