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Pacific Northwest Solar, LLC v. Northwestern Corp.

United States District Court, D. Montana, Helena Division

October 9, 2019

PACIFIC NORTHWEST SOLAR, LLC, Plaintiff,
v.
NORTHWESTERN CORPORATION, A DELAWARE CORPORATION DBA NORTHWESTERN ENERGY, Defendant.

          ORDER

          SAM E. HADDON, UNITED STATES DISTRICT JUDGE

         On May 8, 2019, the Court issued its Order[1] reciting:

Pending before the Court are: (1) Plaintiffs Motion to Strike and Exclude NWE's Undisclosed Documents and Untimelty [sic] Discovery, [2] filed April 16, 2019; (2) Plaintiffs Motion in Limine Re: NWE's State of Mind, [3] filed April 16, 2019; and (3) Defendant Northwestern Corporation's Motion in Limine to Exclude Trial Testimony from Ryan N. Meyer, [4] filed April 25, 2019.
The Court's November 15, 2017, Scheduling Order stated: "[a] 11 pretrial motions, other than discovery motions, shall be filed and fully briefed on or before: January 11. 2019."[5]
No request to extend the pretrial motions deadline was sought or granted. The pending motions all were filed over three months after the fully briefed motions deadline expired.

         ORDERED:

1. Plaintiffs Motion to Strike and Exclude NWE's Undisclosed Documents and Untimelty [sic] Discovery[6] is DENIED.
2. Plaintiffs Motion in Limine Re: NWE's State of Mind[7] is DENIED.
3. Defendant Northwestern Corporation's Motion in Limine to Exclude Trial Testimony from Ryan N. Meyer[8] is DENIED.
Nothing in this Order addresses or resolves any issue relevant to questions of admissibility of evidence at trial.

         The Court's Order[9] of May 8, 2019, was amended by the Court's Order[10] of May 31, 2019.

         On May 31, 2019, Plaintiff filed Plaintiffs Motion in Limine Re: NWE's State of Mind[11] reciting, inter alia:

Plaintiff, Pacific Northwest Solar, LLC move in limine for an order preventing the Northwestern Corp. ("NWE") from introducing evidence or eliciting testimony regarding NWE's state-of-mind, motive, and/or subjective belief regarding its ability to perform under the PPAs.[12]

         A hearing to address issues presented in Plaintiffs Motion in Limine Re: NWE's State of Mind[13] was ...


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