Free Motion in Limine - District Court of Delaware - Delaware

Case 1:05-cv—00879—SLR Document 127 Filed 08/18/2006 Page 1 of 4 I
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION & ) ·
PIKE ELECTRIC, INC., g Q
Plaintiffs, g
vs_ ) C,A. No. 05-879-SLR
I
MICK DUBEA, )
)
Defendant. )
PLAINTIFFS’ MOTION IN LIMINE NO. 4:
TO EXCLUDE EVIDENCE OF THE TOWERS PERRIN STUDY AND
OTHER EVIDENCE OF THE AVERAGE LENGTH OF NON-COMPETITION E
AGREEMENTS FOR EXECUTIVES OUTSIDE OF THE ACQUISITION CONTEXT
Plaintiffs hereby respectfully move in limine for an order excluding evidence of
the Towers Perrin study and other evidence of the average length of the non-competition
agreements for executives outside of the acquisition context. The grounds for this motion are set
forth in Plaintiffs’ supporting brief and accompanying declaration, which are being served and I
tiled conternporaneously herewith.
Pursuant to Local Rule 7.1.4, Plaintiffs respectfully request oral argument on this
motion.
Pursuant to Local Rule 7.1.1, Defendant opposes this motion.
OF COUNSEL: .. Wi iam . ade (# 4)
Michael A. Paskin wade f.com E
Cravath, Swaine & Moore LLP Alyssa M. Schwartz (#4351)
Worldwide Plaza [email protected]
825 Eighth Avenue Richards, Layton & Finger
New York, NY 10019-7475 One Rodney Square, P.O. Box 551
(212) 474-1000 Wilmington, DE 19899 =
(302) 651-7700 ’
Dated: August 18, 2006 Attorneys for Ploiritmfs Pike Electric
Corporation and Pike Electric, Iric.
arm-soiaszi-1

Case 1:05-cv—00879—SLR Document 127 Filed 08/18/2006 Page 2 of 4
CERTIFICATION PURSUANT TO
DISTRICT OF DELAWARE LOCAL RULE 7.1.1 _
Pursuant to Local Rule 7.1.1, counsel for plaintiffs Pike Electric Corporation and Pike
Electric, Inc. have consulted with counsel for defendant Mick Dubea ("Dubea”) and determined
that Dubea does not consent to the relief sought in the attached motion.
J
" Alyssa M. chw # 51)
RLFI-3007985-l

Case 1:05-cv—00879—SLR Document 127 Filed 08/18/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE .
PIKE ELECTRIC CORPORATION & ) j
PIKE ELECTRIC, INC., g Q
Plaintiffs, §
vs_ ) CA. No. 05-879-SLR
)
Mick DUBEA, )
)
Defendant. )
ORDER GRANTING PLAINTIFFS’ MOTION IN LIMINE NO. 4:
TO EXCLUDE EVIDENCE OF THE TOWERS PERRIN STUDY AND OTHER
EVIDENCE OF THE AVERAGE LENGTH OF NON-COMPETITION AGREEMENTS i
FOR EXECUTIVES OUTSIDE OF THE ACQUISITION CONTEXT
AND NOW, on this _ day of , 2006, upon review of Plaintiffs Pike _
Electric Corporation and Pike Electric, Inc.’s Motion in Limine No. 4: To Exclude Evidence of ’
the Towers Perrin Study and Other Evidence of the Average Length of the N0n—Co1npetition 2
Agreements for Executives Outside of the Acquisition Context, and the supporting papers
thereto;
IT IS HEREBY ORDERED that Plaintiffs’ Motion in Limirze No. 4 is
GRANTED. I
IT IS SO ORDERED
UNITED STATES DISTRICT JUDGE
am-3049szs-1 I

Case 1:05-cv—00879—SLR Document 127 Filed 08/18/2006 Page 4 of 4 Z
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 18, 2006, I electronically tiled the
foregoing document with the Clerk of Court using CM/ECP, and have also served the document ·
as noted:
BY HAND DELIVERY _
Lewis H. Lazarus, Esquire
Morris James Hitchens & Williams LLP g
222 Delaware Avenue, 10th Floor
Wilmington, DE 19899
/ Qlysga M. wartz (gééi)
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