Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 267-2 Filed 01/10/2008 Pagei of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MAGTEN ASSET MANAGEMENT )
CORPORATION and LAW DEBENTURE )
TRUST COMPANY OF NEW YORK, )
)
Plaintiffs, }
)
v. ) C.A. No. 04-I494 (UF)
)
NORTHWESTERN CORPORATION, )
)
Defendant. )

)
MAGTEN ASSET MANAGEMENT CORP., )
)
Plaintiff, )
)
v. ) C.A. No. 05-499 (UF)
)
MIKE J. I-IANSON and ERNIE J. KINDT, )
)
Defendants. )

ORDER GRANTING MOTION OF DEFENDANT
NORTHWESTERN CORPORATION FOR ORDER STRIKIN G
EXPERT REPORTS AND PRECLUDIN G TESTIMONY
Upon the Motion filed by Northwestern Corporation, defendant in the abovecaptioned
¤<>ii0¤ (dw “M0li0¤”). Seeking an Order: (i) Striking the expert reports submitted by Robert W.
Berliner and Paul A. Marcus; (ii) precluding reliance thereon by Plaintiffs; and (iii) precluding
any testimony by either Mr. Berliner or Mr. Marcus at trial currently scheduled for March 3,
2008, and after due and sufficient notice of the Motion having been given; and after due
deliberation and sufficient cause therefor,
i
l
oe:. 86,205,499vr 1/9/2008
4228l98vl

i Case 1:04-cv-01494-JJF Document 267-2 Filed O1/10/2008 Page 2 of 2
It is hereby ORDERED that the Motion is GRANTED, and pursuant to Rule 702 of the
Federal Rules of Evidence, (i) the expert reports submitted by Robert W. Berliner and Paul A.
Marcus (the "Reports") are hereby stricken; (ii) Plaintiffs are hereby precluded from relying
upon the Reports; and (iii) neither Mr. Berliner nor Mr. Marcus are permitted to testify at the
trial currently scheduled before this Court on March 3, 2008.
SO ORDERED this day of 2008.
The Honorable Joseph J. Faman
United States District Court Judge
i
DEL 86,205,499vi 1/9/2008 §
422s1<>xv1