Free Letter - District Court of Delaware - Delaware

Case 1 :05-cv-00879-SLR Document 115-3 Filed 07/24/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PIKE ELECTRIC CORPORATION & )
PIKE E]`..ECTRIC, INC., )
D
Plaintiffs, )
)
v. ) CA. No. 05-879 (SLR)
)
MICK, DUBEA, )
)
Defendant. )
STIPULATION REGARDING EXPERT DISCOVERY
WHEREAS, the parties are likely to retain experts in the above—captioned action;
WHEREAS, the parties agree that draft expert reports and communications
between their counsel and their respective experts should not he subject to discovery;
NOW, TI-IEREFORE, the parties, through their counsel, hereby stipulate and
agree that (1) communications between their respective counsel and their respective
experts and (ii) draft expert reports shall not be subject to discovery in this action, except
to the limited extent that an expert expressly relies on a communication of a matter of fact
from such counsel in his or her final report.
The parties further agree that all documents relied upon bythe expert shall be
identified by specific Bates number to the extent produced in discovery in this action, or
mi msn

Case 1:05-cv-00879-SLR Document 115-3 Filed 07/24/2006 Page 2 of 2
if not, then documents relied upon in the repoxt, but not exchanged in discovery, shall be
produced with the report, including the expert’s work papers.
MORRIS, JAMES, HITCHENS & RICHARDS LAYTON & FINGER
WILLIAMS LLP
Lewis H. Lazarus EEB74) " William J. W e #704)
Matthew F. Lintner (#4371) Alyssa M. Sc artz (#4351)
Joseph S. Naylor (#3886) One Rodney Square
222 Delaware Avenue 920 Neath King Street
RO. Box 2306 Wilmington, DE 19801
Wilmington, DE 19899 (302) 651-7700 (tel.) `
(302) 888-6800 (tel.) (302) 651-7701 (fax)
(302) 571-1750 (fax) Attorneys for Plaintiffs Pike Electric Corp.
Attorneys for Defendant Mick Dubea and Pike Electric Inc.
Dated: July 21, 2006
1411296/l