Free Motion in Limine - District Court of Delaware - Delaware

Case 1 :05-cv—00879—SLR Document 125 Filed 08/18/2006 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION & )
PIKE ELECTRIC, INC., g
Plaintiffs, g
vs_ ) C.A. No. 05-879-SLR i
) 2
MICK DUBEA, )
)
Defendant. )
PLAINTIFFS’ MOTION IN LIMINE NO. 3:
TO EXCLUDE EXTRINSIC EVIDENCE OFFERED BY MICK DUBEA TO VARY THE E
UNAMBIGUOUS TERMS OF HIS EMPLOYMENT CONTRACT ‘
Plaintiffs hereby respectfully move in limirie for an order excluding extrinsic `
evidence offered by Defendant Mick Dubea to vary the unambiguous terms of his employment
contract. The grounds for this motion are set forth in Plaintiffs’ supporting brief and
accompanying declaration, which are being served and tiled contemporaneously herewith. p
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.
C2 Wiiliam Wade (#703 l
OF COUNSEL: wade@rl .c0m
Michael A. Paskin Alyssa M. Schwartz (#4351)
Cravath, Swaine & Moore LLP schwartz@rlfcom j
Worldwide Plaza Richards, Layton & Finger T
825 Eighth Avenue One Rodney Square, P.O. Box 551 Z
New York, NY 10019-7475 Wilmington, DE 19899
(212) 474-1000 302-651-7700 g
Attorneys for Ploiritiyjfs Pike Electric
Dated: August 18, 2006 Corporation and Pike Electric, Iric.
RLFI-3049820-1

Case 1:05-cv—00879—SLR Document 125 Filed 08/18/2006 Page 2 of 4
CERTIFICATION PURSUANT TO
DISTRICT OF DELAWARE LOCAL RULE 7. I .1 -
Pursuant to Local Rule 7’.l.l, 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. l
gl)/SSH M. §C§%31'TZ (#4@l)
RLFI-3007985-l

Case 1:05-cv—00879—SLR Document 125 Filed 08/18/2006 Page 3 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION & )
PIKE ELECTRIC, INC., g
Piaimirrs, g
vs_ ) C.A. N0. 05-879-SLR
)
MICK DUBEA, ) }
) l
Defendant. ) I
ORDER GRANTING PLAINTIFFS’ MOTION IN LIMINE NO. 3: TO EXCLUDE
EXTRINSIC EVIDENCE OFFERED BY MICK DUBEA TO VARY THE
UNAMBIGUOUS TERMS OF HIS EMPLOYMENT CONTRACT
AND NOW, on this __ day of , 2006, upon review of Plaintiffs Pike
Electric Corporation and Pike Electric, Inc.’s Motion in Limirze No. 3: To Exclude Extrinsic
Evidence Offered by Mick Dubea to Vary the Unambiguous Terms of His Employment
Contract, and the supporting papers thereto: .
IT IS HEREBY ORDERED that Plaintiffs’ Motion in Limirze No. 3 is
GRANTED.
IT IS SO ORDERED
UNITED STATES DISTRICT JUDGE -
arm-3049s24»1

Case 1:05-cv—00879—SLR Document 125 Filed 08/18/2006 Page 4 of 4 _
CERTIFICATE OF SERVICE E
I HEREBY CERTIFY that on August 18, 2006, I electronically tiled the I
foregoing document with the Clerk of Court using CM/ECF, and have also served the document
as noted:
BY HAND DELIVERY
Lewis H. Lazarus, Esquire
Morris James Hitchens & Williams LLP
222 Delaware Avenue, 10m Floor
Wilmington, DE 19899 1
Ayssa . c wartz ( 1) ,
RLFI-2966887-l ‘