Discussion

It is ruled that, in principle, those portions of the referenced declarations that have not been independently reviewed by Dr. Aron should be stricken from the record. Only the specific portions of the Carlton, Sider, and Toti declarations actually reviewed by Dr. Aron in developing her expert opinion should remain in the record. Dr. Aron states that she has reviewed Carlton and Sider's "methods data and results in sufficient detail to assure myself that the analysis is up to my own standards..." Dr. Aron does not say, however, that she has independently verified the assertions made in the Carlton/Sider Declaration, nor does she state that these economists work for her, or prepared material under her direction.

Moreover, those portions of the declarations that remain in the record will be given limited weight, taking into account that the authors of the declarations are not being made available for cross-examination, and that the statements have not been independently verified by Dr. Aron. Their weight will be limited to providing a more complete understanding of the factors and analyses that Dr. Aron took into account in forming her own independent conclusions.

ORA and TURN locate references only on pages 82, 83, and 85 where Dr. Aron indicates her reliance on the Carlton and Sider declarations, and locate no references to the Toti declaration. It is not clear precisely what portions of the declarations specifically apply to the references. Moreover, through cross-examination of Dr. Aron, it is possible that Applicants' discovery responses related to the declarations cited in her testimony might be introduced as evidence. Such additional evidence may form the basis for a more accurate assessment of which portions of the declarations should be stricken. Accordingly, a final determination on the specific portions of the declarations to be stricken will be deferred until the conclusion of the cross-examination of Dr. Aron.