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121 <br /> 1 objecting. It's -- there are several slides that were 1 A and B from the Division, there are -- which is <br /> 2 slapped through. There were slides that were 2 already into evidence — those pictures are taken from <br /> 3 tangentially talked about. There are slides that were 3 the inspection report. <br /> 4 withdrawn. 4 I haven't had a chance to talk with <br /> 5 The evidence -- it's simply a 5 Mr. Stutz about stipulating to that, but Mr. Beckwith <br /> 6 domnstrative. The evidence is in the form of the 16 and Mr. Justus are in concurrence with that. <br /> 7 transcript. So I don't understand the distinction 7 MR. BECKMH: I have no objection to <br /> 8 between the record and whether it's an exhibit for 8 it, Your Honor. <br /> 9 evidence. 9 MR. SINGLETARY: Mr. Stutz? <br /> 10 MR. BECKWITH: If I may explain. 10 MR. STUTZ: No objection. <br /> 11 MR. SINGLETARY: Okay. Go ahead. 11 MR. JUSTUS: No objection from <br /> 12 MR. BECfQrdITH: I've had issues where in 12 Snowcap. <br /> 13 the past matters have bad to go on appeal, and one or 13 MR. SINGLETARY: It's admitted. <br /> 14 the other party has a matter that was presented -- not 14 MR. BElrK6M: I've already indicated <br /> 15 admitted but it was presented, and that party is 15 that Fontanari was deferring to Mr. Stutz relative to <br /> 16 arguing that it created prejudicial error against him. 16 any rebuttal. <br /> 17 The problem for the Court is what was 17 Mr. Stutz, are you presenting rebuttal? <br /> 18 presented. And the document -- the PowerPoint itself 18 MR. STUTZ: No rebuttal. <br /> 19 is not a printed document like we had in the three 19 MR. ROBERTS: We're up to H on the <br /> 20 prior -- A, B, and C -- and that's why I'm asking that 20 prehearing order, which is the applicant's rebuttal. <br /> 21 it be preserved so that if I have to refer to it on 21 MR. SINGLETARY: Applicant's rebuttal. <br /> 22 appeal, the Court has something that it can turn to 22 MR. JUSTUS: First I'd like to call <br /> 23 that Mr. Stark was referring to rather than all of the 23 Tonya Hanmond back. <br /> 24 parties trying to paraphrase what it was and what it 24 MR. BE7CKWITH: Do you want to sit here, <br /> 25 looked like. That's all. 25 Jim? It will make it easier for you. <br /> 294 296 <br /> 1 MR. ROBERTS: Mr. Justus? 1 MR. STARK: I'm just driving this real <br /> 2 MR. BECKETH: I'm sorry? 2 quick. <br /> 3 MR. ROBERTS: I'm asking for 3 MR. BECMITH: You're a good man. <br /> 4 Mr. Justus's response. 4 MR. STARK: Well, ask my wife. <br /> 5 MR. JUSTUS: My response is that most of 5 MR. BECKWITH: She's not around. You <br /> 6 what Mr. Stark had on the board, in fact, was all 6 can admit it. <br /> 7 verbiage that he basically testified to, to the extent 7 MR. JUSTUS: Thank you. <br /> 8 it was testimony and allowed. The remainder of it -- 8 MR. BE)CKWITH: And could you enlarge it? <br /> 9 and I feel like that was adequately captured by the 9 MR. STARK: Yup. <br /> 10 court reporter. 10 REBUTTAL D MINATION <br /> 11 I don't think there's any need to submit 11 BY MR. JUSTUS: <br /> 12 a PowerPoint that was not submitted into evidence or 12 Q. Currently we have on the board Exhibit <br /> 13 otherwise request to be submitted into evidence. 13 B, page 9. I'd like to ask you a couple questions <br /> 14 Mr. Stark's testimony is the evidence. 14 concerning the application or release of water into the <br /> 15 MR. BECRITH: I'm not asking that it be 15 Fontanari trench both in April of 2016 and also in July <br /> 16 evidence. I'm asking that it be preserved. That's 16 of 2016 just prior to Fugro's Eff testing. <br /> 17 all. And that is a common procedure in trial 117 Would you please indicate -- there's a <br /> 18 practice. 18 pointer -- indicate with the pointer where Snowcap <br /> 19 MR. SINGLETARY: I think -- I think 19 domed water in April of 2016? <br /> 20 we're going to deny it. 20 A. Okay. In April of '16 we used a water <br /> 21 MR. BECMTH: Okay. Scott? 21 truck to dzp the water. It wasn't a hose. It was, <br /> 22 MR. SCHULTZ: I am seeking to have -- 22 like, a water truck with a -- a water truck with the <br /> 23 it's Snowcap's Exhibit A-9, move that into evidence. 23 sprays. <br /> 24 It is a -- it's the July 1 inspection report prepared 24 And we dumped right about in here <br /> 25 by Mr. Boulay. There is -- in both Exhibit -- Exhibits 25 (indicated) at the beginning of this -- at the end of <br /> 295 297 <br />