Opinion
Case No. 2:03-CV-0911 DB
May 15, 2004
ORDER
Presently before the Court are the Federal Defendants' and Canyon Fuel Company's (collectively "Defendants") Motions in Limine to Exclude Testimony. (Docket Nos. 76, 96.) Defendants seek to exclude Bruce Ellis, Aaron Howe and Carter Reed (collectively "government officials") from testifying at the May 27, 2004 permanent injunction hearing.
On March 5, 2004 filed with the Court was UEC's witness list, delineating the above witnesses to "be called by UEC to illuminate the administrative record before the court." (Docket No. 57.) Permitting testimony for the purpose of illuminating the administrative record is within the Court's discretion but is to be avoided especially when the record before the court is sufficient. See Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 420 (1971), abrogated on other grounds by Califaro v. Sanders, 430 U.S. 99 (1977) (citation omitted). The Court is presently satisfied with the sufficiency of the record on file with the Court. UEC has not demonstrated a sufficient need for the testimony of the government officials.
The Court therefore GRANTS Defendants' Motions in Limine. After the May 27, 2004 hearing, should it appear necessary or helpful to the Court to hear testimony from the government officials, UEC is invited to, in their discretion, bring the matter to the attention of the Court at that time.
IT IS SO ORDERED.