PCHB048002063

On March 21, 2002, at 1:00 p.m., during the hearing on the merits, the Board entered its ruling on appellant ACC's Motion In Limine to Exclude the Testimony of Dave Garland. Kaleen Cottingham presided for the Board. The following reflects the decisions made after reviewing the written submittals from all parties: RULING ON MOTION TO EXCLUDE THE TESTIMONY OF DAVE GARLAND 1. In its ruling on Appellant's Motion To Exclude Late-Produced Reports the Board stated that the operative intent of the pre-hearing order, as evidenced by the transcript of the hearing, was to prevent the late presentation of those formal aspects of the {}401conditions. 2. On the instant motion, the March 6, 2002 report prepared by Dave Garland on the December 2001 low flow plan was "not a report or plan prepared or expected to be prepared PCHB No. 01-160 1 ORDER GRANTING IN-PART APPELLANT'S MOTION IN LIMINE TO EXCLUDE THE TESTIMONY OF DAVE GARLAND AR 002063 pursuant to the §401 certification." Accordingly, failure to produce this report by the February 1, 2002 deadline was not a violation of the pre-hearing order. 3. Discovery in this case has been governed in part by the basic discovery rules, including CR 26(e)(1)(B) the duty to supplement interrogatory responses regarding subject matter of expert witness testimony. In this matter ACC made a series of written and in-person inquiries to Ecology's counsel to determine whether Mr. Garland would testify with regard to the December 2001 low flow plan. Ecology made no response. Ecology even…

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Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]