United States District Court, D. Montana, Helena Division
HADDON UNITED STATES DISTRICT JUDGE
hearing on (1) Plaintiffs Motion for Reconsideration of the
Court's Preliminary Ruling on the Admissibility of
Discovery; (2) NWE Motion in Limine to
Exclude Evidence of Northwestern Corporation's
Contractual and Business Relationships with Other Solar
Developers; (3) Defendant's Motion in
Limine to Exclude Previously Undisclosed Evidence of
Developer's Fees Received by Pacific Northwest
Solar; (4) Plaintiffs Motion in Limine Re:
NWE's State of Mind; and (5) Plaintiffs Motion in Limine
Re: NWE's Undisclosed Documents and Untimely
Discovery was held on July 3, 2019.
the record made in open court, ORDERED:
Plaintiffs Motion for Reconsideration of the Court's
Preliminary Ruling on the Admissibility of
Discovery is DENIED.
Motion in Limine to Exclude Evidence of Northwestern
Corporation's Contractual and Business Relationships with
Other Solar Developers is GRANTED.
Defendant's Revised First Set of Interrogatories No. 7
states: "State the amount of any developer fee you have
received for each solar project you have successfully
developed and sold since January 1, 2015."
(a) Plaintiff shall file and serve a revised answer to
Interrogatory No, 7 on or before July 10, 2019, which will
identify: (1) each project, by name or title, within the
ambit of the request; (2) the specific dollar amount received
by Pacific Northwest Solar, LLC as developer fees for each
project identified; and (3) the date or dates upon which such
developer fees were paid to Pacific Northwest Solar, LLC.
(b) The Court will further address issues presented by
Defendant's Motion in Limine to Exclude
Previously Undisclosed Evidence of Developer's Fees
Received by Pacific Northwest Solar upon receipt and filing
of the revised answer to Interrogatory No. 7.
The Court by separate order will set and conduct, on the
record in advance of trial, a hearing or hearings: (1) to
address issues presented by Plaintiffs Motion in Limine Re:
NWE's State of Mind; and (2) to consider and determine
admissibility at trial of evidence "regarding NWE's
state-of-mind, motive, and/or subjective belief regarding its
ability to perform under the PPAs."
(b) The hearings referenced in paragraph 4(a) will be
conducted in question-and-answer format, and with witnesses
and evidence to be proffered to the Court, in accordance with
Fed.R.Evid. 103(d), 104(a)-(c), and 106.
(c) Upon close of the evidence record, the Court may order
additional hearings and briefing on "NWE's State of
Mind" issues as may be necessary and appropriate.
Rulings on admissibility at trial of such evidence will, if
feasible, be issued in advance of trial.
(d) Counsel are to meet and confer and, on or before July 12,
2019, apprise the Court of suggested dates for conduct of the
admissibility of evidence hearing or hearings referenced in
Plaintiffs Motion in Limine Re: NWE's Undisclosed
Documents and ...