Free Order on Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-00163-GMS

Document 244

Filed 09/20/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ____________________________________ ) DONALD M. DURKIN CONTRACTING, ) INC., ) ) Plaintiff ) ) v. ) ) CITY OF NEWARK, et al., ) ) Defendants ) ) and ) C.A. No. 04-163 GMS ) CITY OF NEWARK, et al., ) ) Third-Party Plaintiff ) ) v. ) ) DONALD M. DURKIN CONTRACTING, ) INC., AND FEDERAL INSURANCE ) COMPANY, ) ) Third-Party Defendants ) ____________________________________) ORDER WHEREAS, on September 5, 2006, the court held a pretrial conference, during which oral argument was heard on various motions in limine; WHEREAS, during the conference, the court denied a number of motions labeled in limine, but which were, in effect, untimely summary judgment motions (D.I. 151, 154, 155, 156); WHEREAS, upon further consideration, the court also finds the City of Newark's motion in limine as to the valuation of plaintiff's damages (D.I. 152) to be an untimely summary judgment motion; and

Case 1:04-cv-00163-GMS

Document 244

Filed 09/20/2006

Page 2 of 2

WHEREAS, having considered the parties' submissions regarding Durkin's motion in limine to preclude the City from offering evidence that the method for payment for incomplete work is other than on a time and material basis (D.I. 193), the court finds Durkin's position unsupported.

IT IS HEREBY ORDERED that: 1. 2. Durkin's motion in limine as to the valuation of plaintiff's damages is DENIED. The City of Newark's motion in limine to preclude the city from offering evidence that the method for payment for incomplete work is other than on a time and material basis is DENIED.

Dated: September 20, 2006

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE

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