Free Order on Motion for Summary Judgment - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 303 Filed 02/19/2008 Page 1 014
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re: :
NORTHWESTERN CORPORATION, ; Chapter ll
Reorganized Debtor. 2 Case No. 03-12872-KJC
MAGTEN ASSET MANAGEMENT ;
CORPORATION and LAW DEBENTURE :
TRUST COMPANY OF NEW YORK :
Plaintiffs, E
v. E Civil Action No. 04—l494—JJF
NORTHWESTERN CORPORATION Z
Defendant. ;
MAGTEN ASSET MANAGEMENT CORP., Z , ,
· Plaintiff, E
v. ’ E Civil Action No. 05-499-JJF
MIKE J. HANSON and ERNIE J. Z
KINDT, :
Defendants. E
O R D E R
WHEREAS, Plaintiffs have filed a letter (D.I. 302) in Civil
Action 04el494—JJF indicating that the parties have reached a
“global compromise and settlement" as to Civil Action 04-1494,
and all related actions, and requesting the Court to stay or
adjourn all matters pending before the Court; I

Case 1:04-cv-01494-JJF Document 303 Filed 02/19/2008 Page 2 of 4
NOW THEREFORE, IT IS HEREBY ORDERED that the following
Motions are DENIED with leave to renew, if settlement is not
consummated:
I. The Motion For Summary Judgment filed by NorthWestern
Corp. (D.I. 242 in 04-1494; D.I. 280 in 05-499);
2. The Motion In Limine Striking Expert Reports and
Precluding Testimony Oi Paul A. Marcus and Robert W. Berliner
(D.I- 267 in 04-1494; D.I. 304 in 05-499) filed by NorthWestern
Corp.;
3. The in Limine to Exclude the Hylland Report (D.I. 282
in 04-1494; D.I. 322 in 05-499) filed by NorthWestern Corp.;
4. The Motion in Limine to Exclude SEC Evidence (D.I. 284
in 04-1494; D.I. 326 in 05-499) filed by NorthWestern Corp.;
5. The Motion In Limine To Exclude Testimony of Kipp Orme
(D.I. 286 in 04-1494; D.I. 329 in 05-499) filed by NorthWestern
Corp.;
6. The Motion In Limine To Exclude Law Debenture’s
Request For Attorneys Fees And Expenses (D.I. 288 in 04-1494;
D.I. 331 in 05-499) filed by NorthWestern Corp.;
7. Motion In Limine To Exclude Expert Report and Testimony
of Christopher A. Kearns (D.I. 290 in 04-1494; D.I. 339 in 05-
499) filed by Magten Asset Management Company;
8. Motion In Limine to Exclude Testimony of Charles A.
Patrizia Pursuant To FRCP 37(c) (D.I. 293 in 04-1494; D.I. 348 in
2

n Case 1:04-cv-01494-JJF Docunlé-hl 303 Filed 02/19/2008 Page 3 of 4
05-499) filed by Magten Asset Management Corp.;
9. The Motion For Summary Judgment (D.I. 273 in 05-499)
filed by Defendants Hanson and Kindt;
10. The Motion To Amend/Correct Complaint (D.I. 278 in 05-
499) filed by Magten Asset Management Corp.;
11. The Motion In Limine To Strike And Exclude Expert
Witnesses (D.I. 302 in 05-499) filed by Defendants Hanson and
Kindt;
12. The Motion In Limine To Exclude Expert Report And
Testimony Of Stephen J. Scherf (D.I. 323 in 05-499) filed by
Magten Asset Management Corp.;
13. The Motion To Strike Plaintiff's Jury Demand (D.I. 332
in 05-499) filed by Defendants Hanson and Kindt.;
14. the Motion In Limine To Exclude All Opinion Testimony
Related To Evidence Of Insolvency (D.I. 335 in 05-499);
15. The Motion In Limine To Exclude Evidence Of Events
Occurring Post November 15, 2002 (D.I. 337 in 05-499) filed by
Defendants Hanson and Kindt;
16. The Motion In Limine To Exclude Evidence Relating To
Damages And Relief Not Permitted by Law (D.I. 343 in 05-499)
filed by Defendants Hanson and Kindt;
17. The Motion In Limine To Eifurcate Liability And Damages
And Relief Not Permitted By Law (D.I. 340 in 05-499) filed by
Defendants Hanson and Kindt; and
3

Case 1:04-cv-01494-JJF Document 303 Filed 02/19/2008 Page40f4
IS. The Motion In Limine To Exclude Evidence Relating To
Increased Cost of Capital and/or Evidence Of Undercapitalization
(D.I. 345) filed by Defendants Hanson and Kindt.
ic , »
February [ [E 2008 " J A¢¤M¤sJ—
DATE TED S ATIS DISTRICT JUDGE
\__.
4