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

Filing 227

MINUTE ORDER by Circuit Judge Paul Kelly, Jr. reaffirming prior order 225 allowing trial subpoenas to issue for certain witnesses and allowing the witnesses to be called during the United States' case-in-chief, notwithstanding Chevron's objections 226 . (rt)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

CHEVRON MINING INC.,
Plaintiff,
vs.

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

UNITED STATES OF AMERICA, et al.,
Defendants.

MINUTE ORDER

At the Direction of the Hon. Paul J. Kelly, Jr.:
The court acknowledges Plaintiff’s Objections to the United States’ Notice
Regarding the Need for Trial Subpoenas filed October 12, 2021 (ECF No. 226), after the
court confirmed that trial subpoenas may be issued for David Shoemaker and Paul
LaCome and that they may be called during the United States’ case-in-chief. Order filed
October 12, 2021 (ECF No. 225). The court has considered the arguments. Though the
court certainly envisions that most of the direct testimony will be based on pre-filed
direct, given a showing of particularized need, the court does not read the CMO as
precluding live direct in every circumstance. Indeed, at an earlier status conference, the
court discussed exploring alternative arrangements that might be necessary. ECF No.
215 at 2–3. Here, Chevron has not listed the two witnesses in question as trial witnesses

or filed direct testimony from them. The court is concerned that a party not be allowed to
preclude relevant testimony from adverse fact witnesses under an opposing party’s
control, restricting that party to previously filed deposition testimony that may not be
sufficient. Chevron is free to request the same for similar situations. While the court
would hope that the parties could work these matters out, such requests should come in
the form of an opposed motion or a joint motion. The court reaffirms its prior order.
/s/MITCHELL R. ELFERS
Clerk of Court

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