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Pacific Northwest Solar, LLC v. Northwestern Corp.

United States District Court, D. Montana, Helena Division

November 1, 2019

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

          ORDER

          SAM E. HADDON, UNITED STATES DISTRICT JUDGE

         Upon review of the record, the Joint Proposed Final Pretrial Order[1]submitted by the parties on March 29, 2019, is hereby amended as to form and content and is adopted as amended by the Court as the Court's Final Pretrial Order.

         1. The rulings of the Court made in the Court's Orders, including:

         a. Doc. 200 at 2 (dismissed with prejudice the Second Count, Third Count, Fourth Count, and Fifth Count of Pacific Northwest Solar, LLC's First Amended Complaint).

         b. Doc. 203 at 1-2 (granted Defendant Northwestern Corporation leave to modify and file its First Amended "Will Offer and "May Offer" Exhibits).

         c. Doc. 220 at 2:

i. denied Plaintiffs Motion to Strike and Exclude NWE's Undisclosed Documents and Untimelty [sic] Discovery;[2]
ii. denied Plaintiffs Motion in Limine Re: NWE's State of Mind;[3] and
iii. denied Defendant Northwestern Corporation's Motion in Limine to Exclude Trial Testimony from Ryan N. Meyer.[4]

         d. Doc. 227 at 6 (admitted into evidence Plaintiffs Exhibits 10, 11, 12, and 13, and admitted into evidence Defendant's Exhibits 504, 617, 623, and 650).

         e. Doc. 245 at 8-9:

i. denied admission into evidence NWE's Answer to PNS Interrogatory No. 9;
ii. denied in part admission into evidence NWE's Answer to PNS Interrogatory No. 10;
iii. denied in part admission into evidence NWE's Answer to PNS Interrogatory No. 11;
iv. denied admission into evidence NWE's Answer to PNS Interrogatory No. 12;
v. denied in part admission into evidence NWE's Answer and Supplemental Answer to PNS Interrogatory No. 13;
vi. denied admission into evidence Plaintiffs Responses to Defendant's First Revised Requests for Production of Documents Nos. 1-12 and 14-16; and
vii. denied admission into evidence Plaintiffs Responses to Defendant's First Revised Requests for Production of Documents Nos. 13 and 17-19.

         f. Doc. 252:

i. granted Defendant's unopposed Motion in Limine to Preclude Plaintiff from Characterizing Northwestern Corporation's Conduct as Being Fraudulent or in Bath Faith;[5]and
ii. granted Defendant Northwestern Corporation's unopposed Second Motion in Limine to Exclude Trial Testimony from Ryan N. Meyer.[6]

         g. Doc. 257 at 2-5:

i. denied Plaintiffs Motion for Reconsideration of the Court's Preliminary Ruling on the Admissibility of Discovery;[7]
ii. granted NWE's Motion in Limine to Exclude Evidence of Northwestern Corporation's Contractual and Business Relationships with Other Solar Developers;[8] and
iii. held and confirmed that Plaintiffs Motion in Limine Re: NWE's Undisclosed Documents and Untimely ...

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