Free Response to Motion - District Court of Federal Claims - federal

Case 1:01-cv-00201-VJW

Document 218-4

Filed 10/04/2006

Page 1 of 4
10/03/06

PLAINTIFFS' REPORT OF DEFENDANT'S ADDITIONAL OBJECTIONS TO JOINT EXHIBITS FROM 09.27.06 TO 10.02.06

Joint Exhibit No
1 JX018 2 JX025 3 JX026 4 JX027 5 JX028 6 JX045

PL Trial DF Trial Exhibit Exh No. No
DX185

DF 08.16.06 Objection

DF 09.27.06 Objection

DF 10.02.06 Objection
Hearsay; Rule of Completeness

PL Trial Objection
None

No Objection as this is a DF will not object to this being a JX if PLs will agree Defendant exhibit to make DX 233-236 as JXs as well DF will not object to this being a JX if PLs will agree No Objection as this is a that the e-mails concerning the profile revisions on Defendant exhibit DFs exhibit list are JXs DF will not object to his being a JX if PLs will agree No Objection as this is a that the e-mails concerning the profile revisions on Defendant exhibit DFs exhibit list are JXs DF will not object to his being a JX if PLs will agree No Objection as this is a that the e-mails concerning the profile revisions on Defendant exhibit DFs exhibit list are JXs DF will not object to his being a JX if PLs will agree No Objection as this is a that the e-mails concerning the profile revisions on Defendant exhibit DFs exhibit list are JXs No Objection as this is a DF will not object to this being a JX if PLs will agree Defendant exhibit to make DX 233-236 as JXs as well

DX288

Hearsay; Rule of Completeness

None

DX289

Hearsay; Rule of Completeness

None

DX312

Hearsay; Rule of Completeness

None

DX356 DX561

Hearsay; Rule of Completeness Hearsay

None None

7 JX049

PX175

DF will not object to historical noise studies from the No Objection as this is a 1970s through the 1980s as JXs, as long as all of the Defendant exhibit NAS Oceana noise studies from this period are JXs Hearsay Rule of Completeness - We will agree that the entire ATAC study be a joint exhibit, but we will not agree to PLs only selecting excerpts as joint exhibits Hearsay Rule of Completeness - We will agree that the entire WR 97-10 as a joint exhibit; we will not agree to PLs only selecting excerpts as joint exhibits Hearsay

None

8 JX057

PT521

None

9 JX061

PT539

None

Page 1 of 4 Testwuide v. United States

EXHIBIT C

Case 1:01-cv-00201-VJW

Document 218-4

Filed 10/04/2006

Page 2 of 4
10/03/06

PLAINTIFFS' REPORT OF DEFENDANT'S ADDITIONAL OBJECTIONS TO JOINT EXHIBITS FROM 09.27.06 TO 10.02.06

Joint Exhibit No

PL Trial DF Trial Exhibit Exh No. No

DF 08.16.06 Objection

DF 09.27.06 Objection

DF 10.02.06 Objection

PL Trial Objection

10 JX062 11 JX066

PT548

None

We will agree that the entire F/A-18C/D EIS (including appendices and supporting noise study and ATAC study), entire F/A-18 E/F EIS (including appendices and supporting noise study and ATAC study) and the entire Draft F/A-18 E/F EIS (including appendices) be joint exhibits, but we will not agree to PLs only selecting excerpts or one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections Hearsay; Changed Wording Rule of Completeness - We will agree that the entire WR 97-10 as a JX; we will not agree to PLs only selecting excerpts as joint exhibits Hearsay; Changed Wording This is a conglomerate of separate documents. We will agree that the portions concerning FCLP counts in 2000 are a JX. The remaining documents we object as hearsay

None

PT558

None

12 JX078

PX013

PT608

None

Hearsay

None

13 JX079

PT609

None

DF will not object to historical noise studies (or drafts) from the 1970s through the 1980s as JXs, as long as all of the NAS Oceana noise studies from this period are JXs Hearsay We will not object to this document being part of a larger JX. Specifically, we propose using DX193 as JX082 because it has all the fact sheets from 19752000 (OCe018813-816) not just 1985-1996 Rule of Completeness - We will not object to the entire study, but will object to excerpts

14 JX082 15 JX105

PT614 PT740

None None

Hearsay Hearsay

Page 2 of 4 Testwuide v. United States

EXHIBIT C

Case 1:01-cv-00201-VJW

Document 218-4

Filed 10/04/2006

Page 3 of 4
10/03/06

PLAINTIFFS' REPORT OF DEFENDANT'S ADDITIONAL OBJECTIONS TO JOINT EXHIBITS FROM 09.27.06 TO 10.02.06

Joint Exhibit No

PL Trial DF Trial Exhibit Exh No. No

DF 08.16.06 Objection

DF 09.27.06 Objection

DF 10.02.06 Objection

PL Trial Objection

16 JX113 17 JX135

PT802 PT832

None None

We will agree that the entire F/A-18C/D EIS (including appendices and supporting noise study and ATAC study), entire F/A-18 E/F EIS (including appendices and supporting noise study and ATAC study) and the entire Draft F/A-18 E/F EIS (including appendices) be joint exhibits, but we will not agree to PLs only selecting excerpts or one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections Hearsay; Changed Wording Appears to be same as JX050. Same objection, plus Bates No Hearsay; Lack of Foundation

18 JX140

PT860

None

We will agree that the entire F/A-18C/D EIS (including appendices and supporting noise study and ATAC study), entire F/A-18 E/F EIS (including appendices and supporting noise study and ATAC study) and the entire Draft F/A-18 E/F EIS (including appendices) be joint exhibits, but we will not agree to PLs only selecting excerpts or one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections Hearsay; Changed Wording

19 JX144

PT867

None

We will agree that the entire F/A-18C/D EIS (including appendices and supporting noise study and ATAC study), entire F/A-18 E/F EIS (including appendices and supporting noise study and ATAC study) and the entire Draft F/A-18 E/F EIS (including appendices) be joint exhibits, but we will not agree to PLs only selecting excerpts or one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections Hearsay

Page 3 of 4 Testwuide v. United States

EXHIBIT C

Case 1:01-cv-00201-VJW

Document 218-4

Filed 10/04/2006

Page 4 of 4
10/03/06

PLAINTIFFS' REPORT OF DEFENDANT'S ADDITIONAL OBJECTIONS TO JOINT EXHIBITS FROM 09.27.06 TO 10.02.06

Joint Exhibit No

PL Trial DF Trial Exhibit Exh No. No

DF 08.16.06 Objection

DF 09.27.06 Objection

DF 10.02.06 Objection

PL Trial Objection

20 JX145

PT868

None

We will agree that the entire F/A-18C/D EIS (including appendices and supporting noise study and ATAC study), entire F/A-18 E/F EIS (including appendices and supporting noise study and ATAC study) and the entire Draft F/A-18 E/F EIS (including appendices) be joint exhibits, but we will not agree to PLs only selecting excerpts or one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections Hearsay; Changed Wording

21 JX146

PT869

None

We will agree that the entire F/A-18C/D EIS (including appendices and supporting noise study and ATAC study), entire F/A-18 E/F EIS (including appendices and supporting noise study and ATAC study) and the entire Draft F/A-18 E/F EIS (including appendices) be joint exhibits, but we will not agree to PLs only selecting excerpts or one EIS versus another as joint exhibits. These are all public documents that will be discussed extensively at trial, and should be treated the same way in terms of evidentiary objections

DELETED FROM 09.27.06 LIST OF DF OBJECTIONS TO JOINT EXHIBIT LIST and NOT INCLUDED ON DF'S JOINT EXHIBIT LIST OF 10.02.06

Page 4 of 4 Testwuide v. United States

EXHIBIT C