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53 <br /> 1 MR. SINGLETARY: So he should be 1 taken place. His testimony will include rebuttal and <br /> 2 disqualified, then? 2 impeachment of other lay witnesses and expert <br /> 3 MR. RANDALL: I think he can provide 3 witnesses." <br /> 4 testimony that we don't have to give the weight we 4 Goes on to talk about his experience in <br /> 5 would give an expert. 5 this area of hydrology and where he's testified in the <br /> 6 MR. SINGLETARY: Okay. Then we'll go 6 past, his education and background. And this is not <br /> 7 that direction. 7 testimony by ambush. This was filed and given to <br /> 8 MR. JUSTUS: So just for clarification 8 counsel. <br /> 9 on the record. Is Mr. Carey allowed to give expert 9 MR. JUSTUS: When was this? <br /> to opinions, or is he limited to lay witness testimony on 10 MR. ROBERTS: Mr. Stutz, can you <br /> li facts that he has observed and has a foundation to 11 identify for me the page from your prehearing <br /> 12 speak to? 12 conference statement? <br /> 13 MR. RANDALL: What's the difference, 13 MR. STUTZ: It is the "Pre-hearing <br /> 14 John? 14 Statement of Cbjector, Jason Carey." Mr. Justus keeps <br /> 15 MR. ROBERTS: As a lay witness and as 15 referring to a joint prehearing statement. <br /> 16 someone -- as an objector who filed against the TR in 16 MR. ROBERTS: It's a different <br /> 17 this matter, I would -- I would deem him initially as a 17 document. <br /> 18 lay witness to give us his facts, his first-sense 18 MR. STUTZ: Not what we're talking <br /> 19 impression, and what he witnessed and observed and 19 about. <br /> 20 understood. 20 MR. JUSTUS: Well, then we have been <br /> 21 The question here is can he also provide 21 mislead as far as what the sort of testimony would be <br /> 22 expert testimony based on his own experience in regard 22 with a joint prehearing statement. I did not receive <br /> 23 to his profession. I'm not aware of anything that 23 this second prehearing statement from Mr. Stutz. <br /> 24 would prevent that. 24 MR. STUTZ: Well, it was sent to <br /> 25 I'll note and take into consideration 25 Mr. Justus by email on April 6, 2017, and that's the <br /> 226 228 <br /> 1 Mr. Justus's objection that this is testimony by i certificate of service. I did it myself. <br /> 2 ambush, and I'm going to look back at the prehearing 2 So I don't see were there's any sort of <br /> 3 statement later -- I don't have time to do it now -- to 3 ambush here. We didn't have anything to opine on at <br /> 4 see whether Mr. Stutz did identify his client as an 4 the time we designated him as an expert witness. <br /> 5 expert, and I'll consider that when I prepare the 5 MR. JUSTUS: So then the opinions you're <br /> 6 order. 6 going to offer have failed to be disclosed, and it is <br /> 7 MR. JUSTUS: Mr. Roberts, if you'd like, 7 again trial by ambush. <br /> 8 I can provide you with a copy of the prehearing 8 MR. STUTZ: Well, we didn't know what <br /> 9 statement specifically identifying Mr. Carey as a lay 9 the opinions were going to be until we got to this <br /> 10 witness. 10 hearing. <br /> 11 MR. ROBERTS: If you wouldn't mind. 11 MR. SINGLETARY: Let's see if he can <br /> 12 MR. STUTZ: It also identifies him as an 12 find the document. <br /> 13 expert witness in detail. If I can read from that -- 13 (Pause.) <br /> 14 MR. JUSTUS: Where in this prehearing 14 MR. ROBERTS: We have a prehearing <br /> 15 statement? 15 statement filed by Mr. Stutz on behalf of his client <br /> 16 MR. STUTZ: Right here (indicated). 16 that does identify on page 2 and page 3 that "Jason <br /> 17 "Pre-hearing statement of Objector, Jason Carey." We 17 Carey will testify as an expert witness concerning all <br /> 18 have here a paragraph on Jason P. Carey, P.E., role. n aspects of the claims made in connection with this <br /> i9 "Testify as an expert witness concerning all aspects of 19 administrative matter." And it goes on several more <br /> 20 the objections and claims made in connection with this 20 lines. <br /> 21 administrative matter." 21 I think you're entitled to certify him <br /> 22 MR. JUSTUS: I'm looking at — 22 as an expert. <br /> 23 MR. STUTZ: "Carey" -- let me finish, 23 MR. SINGLETARY: I'll certify him as an <br /> 24 please. "Carey has owned the property during the 24 expert. <br /> 25 period of time that widespread subsistence (sic) has 25 MR. STUTZ: Thank you. <br /> 227 229 <br />