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From: lewis.perdue@wineindustryinsight.com

Subject: WINE EXECUTIVE NEWS | Duarte Trial Judge Blocks Key Expert Evidence: Says Would Hurt Federal Government's Case | Premium Member Briefing | August 14, 2017

Date: 2017-08-14 09:04:04

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Duarte Opens New Legal Assaults In Federal Court Battle With Corps of Engineers -- Premium Member Briefing August 14, 2017
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VIP Wine Executive News Member Briefing

The premium, VIP service of Wine Industry Insight

From editor & publisher, Lewis Perdue
August 14, 2017

Duarte Trial Judge Blocks Key Expert Evidence: Says Would Hurt Federal Government's Case.

Penalty Phase Begins Wednesday

Federal District Court Judge Kimberly J. Mueller has refused to admit testimony of two expert witnesses whose evidence indicates that the wetlands that John Duarte is accused of harming were, in fact, not harmed. The reports also assert that the government's experts erred in fundamental ways. 

According to Mueller's written opinion (premium link), published Friday, Aug. 11, Duarte's expert reports:
"[I]f accepted, could significantly alter the calculation of civil penalties because the effects of Duarte’s CWA violation could drastically differ from those indicated in documents filed before the discovery cutoff."
Regardless of the importance of the new data, Mueller wrote that the delay,
"would lead to significant cost, prevent an efficient resolution now that the issues are framed and frustrate the court’s ability to manage its docket in this long-running case."

Also In This Article:

The full text of the following sections and document links are available to premium subscribers of Wine Executive News. Premium Subscribers should scroll down to the bottom of this article for their log-in links.
  • Penalty Phase Begins Wednesday

  • New Expert Reports Needed Rain. Drought Delayed Delivery By 2015 Deadline

  • Corps Expert Reports Had Fundamental Errors

  • New evidence unfair to the Corps of Engineers -- Judge

Full documents, expert reports and court documents Available to Wine Executive News Premium Subscribers

  • Expert witness reports (begin page 6 of this document)

  • Judge opinion blocking admission of key expert witness evidence

  • Corps of Engineers Deep Ripping Regulation

  • Declaration Lyndon Lee 102715

  • Department of Justice Expert Team Report-080715

  • Direct Expert Testimony of Lyndon Lee filed 080417

  • Expert Document-87-3-Filed080715

  • U.S. Expert Disclosures and Designations

  • Second Supplemental Report of Diane S. Moore


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Previous Wine Industry Insight Coverage

Duarte vs U.S. Army Corps of Engineers

Clean Water Act & WOTUS Issues

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Lewis Perdue
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Email: lewis.perdue@wineindustryinsight.com