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In re Consolidated Salmonid Cases

January 19, 2011

THE CONSOLIDATED SALMONID CASES


The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTIONS TO STRIKE AND DENYING PLAINTIFF-INTERVENOR'S MOTION TO STRIKE

Defendant-Intervenors' and Federal Defendants' Motions to Strike Plaintiffs' Extra-Record Declarations and Exhibits (Docs. 473-1, 476, 483, 509-1, 511, 510-1, 512), as well as Plaintiff-Intervenor DWR's Motion to Strike (Doc. 502), were heard and considered by the Court at the hearing on cross-motions for summary judgment in this matter held on December 16 and 17, 2010. All parties were represented by counsel, as stated on the record.

NOW THEREFORE, for the reasons articulated by the Court on the record at the hearing, THE COURT HEREBY ORDERS:

1. The Court reserves its ruling on the final admissibility of the testimony provided by Dr. Ray Hilborn in his first declaration (Doc. 443).

2. The Court GRANTS Defendants' motion to strike the second declaration of Dr. Ray Hilborn (Doc. 493), except that the Court will consider testimony in paragraphs 6, 7, 8, 11, 12, 14, 17, 30.

3. The Court reserves its ruling as to the admissibility of paragraphs 3-12 of the first declaration of Dr. Charles Hanson (Doc. 432) and GRANTS Defendants' motion to strike paragraphs 13-16 in the first declaration of Dr. Charles Hanson.

4. To the extent that the testimony is responsive to admissible testimony from Mr. Jeff Stuart, the Court DENIES Defendants' motion to strike the second declaration of Dr. Charles Hanson (Doc. 496).

5. The Court GRANTS Defendants' motion to strike paragraphs 16-32, and 38-40, of the first declaration of Dr. Richard B. Deriso (Doc. 440). The Court DENIES Defendants' motion to strike paragraphs 33-37, except to the extent that the testimony is cumulative with Dr. Hilborn's testimony regarding life-cycle modeling. The Court DENIES Defendants' motion to strike paragraphs 13-15. The Court GRANTS Defendants' motions to strike paragraphs 11-12 because such testimony is relevant to paragraphs that were stricken above. The Court reserves its ruling on the admissibility of paragraphs 41-50.

6. The Court reserves its ruling as to the admissibility of the second declaration of Dr. Richard B. Deriso (Doc. 505), and will exclude any testimony that is cumulative or redundant.

7. The Court GRANTS Defendants' motion to strike paragraphs 4-37, 45-47, and 48-52, of the first declaration of Mr. Steven P. Cramer (Doc. 448). The Court reserves its ruling as to the admissibility of paragraphs 38-44.

8. The Court GRANTS Defendants' motion to strike the second declaration of Mr. Steven P. Cramer (Doc. 491), except for paragraphs 20-26, as to which the Court reserves its ruling as to admissibility.

9. The Court DENIES Defendants' motion to strike the first declaration of Mr. Bradley Cavallo (Doc. 452), except that the Court reserves its ruling on paragraphs 45-51 concerning DSM-II HYDRO because Plaintiff-Intervenor DWR has not laid the foundation that the DSMII HYDRO model was one that the National Marine Fisheries Service "had access to" and was "existing and known science."

10. The Court DENIES Defendants' motion to strike the second declaration of Mr. Bradley Cavallo (Doc. 497) to the extent that it is responsive to the testimony of Mr. Jeff Stuart.

11. The Court DENIES Defendants' motion to strike paragraphs 2 -- 9 of the first declaration of Mr. James Snow (Doc. 444). The Court GRANTS the motion with respect to paragraphs 16-17 of the same document, as it presents testimony on a legal argument, but ...


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