Free Memorandum and Order - District Court of Delaware - Delaware

Case 1:07-cv—00008-SLR Document 24 Filed 08/28/2007 Paget of 2
g IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DELAWARE RIVER AND BAY )
AUTHORITY, )
Plaintiff, g
v. g Civ. N0. 07-008-SLR
JAN D. KOPACZ, g
Defendant. g
MEMORANDUM ORDER
At Wilmington this 28th day of August, 2007, having conferred with counsel;
IT IS ORDERED that plaintiff’s motion in limine (D.l. 20) is granted in part and
denied in part. With respect to evidence regarding the August 9, 2002 incident,
defendant seeks to submit such evidence to prove recalcitrance and bad faith on the
part of plaintiff, thus justifying the payment of attorney fees and, possibly, punitive
damages. The issues that arose from the August 9, 2002 incident were tried and the
verdict is on appeal presently. The decision of the Third Circuit will determine whether
such evidence is relevant in the first instance] as well as determine whether a party in
defendant’s position is entitled to punitive damages. Therefore, the court will not
entertain new evidence as to the August 9, 2002 incident, but will consider the decision
‘ln other words, if the verdict is overturned, the court would not consider
plaintiffs failure to pay maintenance and cure for the August 9, 2002 incident as being
characterized by bad faith; if the verdict is affirmed, the court will consider such for
purposes of an award of attorney fees.

Case 1:07-cv—00008-SLR Document 24 Filed 08/28/2007 Page 2 of 2
ofthe Third Circuit in this regard.2 With respect to defendant's medical conditions
allegedly resulting from plaintiff’s failure to pay maintenance, the court will allow such
evidence to be presented and to be given such weight as it deserves in light ofthe
controlling law.
2. The bench trial in the case at bar shall be conducted on Monday, September
24, 2007 from 8:30 a.m. until 4:30 p.m. in courtroom 6B, sixth floor Federal Building,
844 King Street, Wilmington, Delaware. Plaintiff shall have four hours in which to
present its evidence; defendant shall have three hours in which to present his evidence.
United States Digrict Judge
2/Although the court will not wait for the Third Circuit's mandate in Kopacz v.
D.R.B.A., Civ. No. O4-911-GMS (D. Del.) to issue its decision on liability in the case at
bar, if plaintiff is found to be responsible for maintenance and cure in the instant
litigation, the court will not issue its decision as to attorney fees and other damages until
the Third Circuit has issued its opinion in the above earlier case. The parties will be
given the opportunity to separately brief this issue.
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