On May 24, 2017, DWR objected to rebuttal exhibits submitted by Snug Harbor Resorts, LLC (Snug Harbor) on the grounds that they were not referenced in the rebuttal testimony of Snug Harbor’s rebuttal witness, Nicole S. Suard. By email dated May 25, 2017, DWR confirmed that it objects to the admission into the evidentiary record of all of Snug Harbor’s rebuttal exhibits: SHR-359, -360, -362, -363, -364, -365, -367, -368, -369, -370, and -407. On May 28, 2017, Snug Harbor submitted a notice withdrawing Ms. Suard’s rebuttal testimony (SHR-502, SHR-502-Revised, and SHR-502-Staff-Revised), and requesting that the corresponding oral testimony be stricken from the record to avoid confusion. In addition, Snug Harbor argued that SHR-359, -360, -362, -363, -364, -367, and -369 should be admitted into evidence ”as reference” to assist in understanding Snug Harbor’s cross examination of DWR’s expert witness, Dr. Parviz Nader-Tehrani. In a response submitted on May 30, 2017, DWR renewed its objection to the admission of those exhibits on the grounds that they were not used during cross-examination, the scope of the cross-examination was improper, or Snug Harbor indicated that the exhibits were intended for demonstrative purposes only.
Read the ruling letter here: 20170531_cwf_ruling