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HONORABLE RONALD B. LEIGHTON

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

GENERAL METALS OF TACOMA, INC., a

Washington corporation; and ARKEMA

INC., a Pennsylvania corporation,

Plaintiffs,

v.

BEAN ENVIRONMENTAL LLC, a

Delaware limited liability company; and

BEAN DREDGING LLC, a Louisiana limited

liability company,

Defendants.

Case No. C05-5306RBL

ORDER ON MOTIONS IN LIMINE

This matter comes before the Court on the plaintiffs’ and defendants’ motions in limine. The Court

has considered the pleadings filed in support of the motion and enters the following Order:

1. Exclude any and all argument, testimony and evidence that

Defendants Bean Environmental, LLC, and Bean Dredging

LLC (collectively “Bean”), filed suit against plaintiffs on

May 4, 2005, one day after plaintiffs filed this suit against

Bean, as well as the Motion for Consolidation of the two

lawsuits and the Court’s Order on the Motion for

Consolidation. [Dkt. 194]

DENIED

2. Exclude any and all argument, testimony and evidence of the

contents of any pleading that has been superseded by a

subsequent pleading or by Order of the Court. [Dkt. 194]

RESERVED

3. Exclude any and all argument, testimony and evidence

regarding the expense of litigation. [Dkt. 194]

GRANTED

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4. Exclude any and all argument, testimony and evidence

regarding the liability limits of the Project Engineer. 

[Dkt. 194]

GRANTED

5. Exclude any and all argument, testimony and evidence

implying that HHCG was unable to pay Bean for its work,

and withheld payment from Bean because of financial

difficulties. [Dkt. 194]

DENIED

6. Exclude any and all argument, comment, or reference to the

fact that plaintiffs have an advantage over defendants

because each plaintiff is represented by separate counsel.

[Dkt. 194]

DENIED

7. Exclude any and all evidence not disclosed prior to trial,

including any exhibits not appearing on either parties’

pretrial exhibit list. [Dkt. 194]

RESERVED

8. Exclude any and all argument, testimony and evidence

referencing the plaintiffs’ log of privileged documents, as

well as the volume of documents withheld by plaintiffs as

“privileged” or “work product.” [Dkt. 194]

RESERVED

9. Use of Deposition Testimony During Opening Statements

Should Be Excluded Under ER 401-403, ER 801-804, and

CR 32. [Dkt. 194]

GRANTED

10. Exclude any and all argument, testimony and evidence

relating to the filing of this motion. [Dkt. 194]

GRANTED

11. Exclude testimony of Ronald Vann. [Dkt. 195] DENIED

12. Exclude testimony regarding Timothy Harrington’s Cost

Opinion. [Dkt. 195]

DENIED

13. Exclude testimony regarding how asbestos containing

material entered the waterway. [Dkt. 197]

GRANTED

14. Exclude testimony regarding health risks associated with

asbestos. [Dkt. 197]

DENIED

15. Exclude testimony of initial estimates regarding the volume

of asbestos containing sediment to be removed from the

waterway. [Dkt. 197]

DENIED

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16. Exclude testimony of initial estimate that the head of the

Hylebos was the largest asbestos remediation site in

Washington State. [Dkt. 197]

DENIED

17. Exclude testimony that Bean would not have been able to

finish dredging in the first dredge season if asbestos had

been found. [Dkt. 197]

DENIED

18. Exclude testimony referring to HHCG as a polluter. 

[Dkt. 197]

DENIED

19. Exclude HHCG’s damages claim for removal of native soil. 

[Dkt. 200]

GRANTED

20. Exclude HHCG’s damages claim for legal services. 

[Dkt. 200]

DENIED

(Evidence shall be introduced

only through billing attorney;

production of billing statements

shall occur no later than 5:00

p.m. on 1/8/07.)

21. Exclude portions of expert opinion of Ram K. Mohan. 

[Dkt. 203]

DENIED

22. Exclude expert opinion of Steve Ross. [Dkt. 206] DENIED

(The equipment cost analysis

documents must be produced no

later than 5:00 p.m. on 1/8/07.)

23. Exclude expert opinion based on John Lally’s debris

analysis. [Dkt. 209]

DENIED

24. Exclude expert report by DeMaximis, Inc. and related

testimony. [Dkt. 211]

DENIED

25. Exclude evidence regarding HHCG’s fraud claim. 

[Dkt. 214]

GRANTED

(HHCG fraud claim withdrawn)

26. Exclude Jerry Hainline as an expert witness. [Dkt. 217] DENIED

(The parties will be limited to

one expert per subject,

however.)

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To the extent any motion in limine requires the Court to make findings pursuant to its gatekeeping

function under Daubert or Kumho Tire, that analysis will be provided at the time of trial. 

DATED this 4th day of January, 2007.

ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

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