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

Filing 254

ORDER CONCERNING JOINT NOTICE regarding submission of joint exhibit list 252 by Circuit Judge Paul Kelly, Jr. Parties to refile affected pre-filed direct testimony consistent with updated joint exhibit list; provide electronic version of modifie d exhibits; and provide replacement set of exhibit binders. Only exhibits that will be admitted at the outset of the hearing will be those utilized in pre-filed direct and deposition designations. Court overrules objections to certain exhibits; court will not consider evidence that contravenes prior stipulations. (rt)

Case 1:13-cv-00328-PJK-JFR Document 254 Filed 01/27/22 Page 1 of 2

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.

ORDER CONCERNING JOINT NOTICE
REGARDING SUBMISSION OF JOINT EXHIBIT LIST
THIS MATTER comes on for consideration of the parties’ Joint Notice Regarding
Submission of Joint Exhibit List filed January 18, 2022. ECF No. 252. Upon
consideration thereof,
(1) The parties shall refile affected pre-filed direct testimony citing to the updated
joint exhibit list by February 4, 2022;
(2) The parties shall provide the court with an electronic version of the modified
exhibits;
(3) The parties shall also provide the court with a full replacement set of exhibit
binders;
(4) In accordance with the Case Management Order No. 1 (ECF No. 249 at 5), the
court anticipates that the only exhibits that will be admitted at the outset of the

Case 1:13-cv-00328-PJK-JFR Document 254 Filed 01/27/22 Page 2 of 2

hearing will be those that have been utilized in pre-filed direct testimony and
deposition designations;
(5) To that end, the court has reviewed the parties’ objections to those exhibits that
have been cited in pre-filed direct testimony or deposition designations. The court
overrules the objections to CX 125, CX 184, CX 185, CX 245, CX 381, USX 001,
USX 026, USX 058, USX 111, USX 385, USX 426, USX 427, USX 477, USX
526, USX 566, USX 567, USX 572, and USX 579. With respect to Chevron’s
objections based on the Standard of Care Stipulation (ECF No. 160) and the
Pipelines Stipulation (ECF No. 185), redactions are unnecessary given that this
case will proceed as a bench trial. The court will not consider evidence that
contravenes the terms of these stipulations.
IT IS SO ORDERED.
DATED this 27th day of January 2022, at Santa Fe, New Mexico.
/s/ Paul Kelly, Jr.
United States Circuit Judge
Sitting by Designation

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