Case 1:04-cv-01494-JJF
Document 286-2
Filed 01/31/2008
Page 1 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MAGTEN ASSET MANAGEMENT CORP. and LAW DEBENTURE TRUST COMPANY OF NEW YORK, Plaintiffs, v. NORTHWESTERN CORPORATION, Defendant. MAGTEN ASSET MANAGEMENT CORP., Plaintiff, v. MIKE J. HANSON and ERNIE J. KINDT, Defendants. : : : : : : : : : : : : : : : : : : : :
Civil Action No. 04-1494-JJF
Civil Action No. 05-499-JJF
ORDER GRANTING MOTION IN LIMINE OF DEFENDANT NORTHWESTERN CORPORATION TO EXCLUDE THE TESTIMONY OF KIPP ORME Upon the Motion filed by Northwestern Corporation, defendant in the above-captioned action (the "Motion"), seeking an order: (i) excluding from evidence the deposition testimony of Kipp Orme ("Orme"); and (ii) denying any adverse inference requests by Plaintiffs based on Orme's invocation of his Fifth Amendment privilege at his deposition at trial currently scheduled for March 3, 2008, and after due and sufficient notice of the Motion having been given; and after due deliberation and sufficient cause therefor,
DEL 86,207,042v2 1/31/2008
Case 1:04-cv-01494-JJF
Document 286-2
Filed 01/31/2008
Page 2 of 2
It is hereby ORDERED that the Motion is GRANTED, and (i) the deposition testimony of Kipp Orme is hereby excluded from evidence; and (ii) any adverse inference request by Plaintiffs based on Orme's invocation of his Fifth Amendment privilege at his deposition at the trial currently scheduled before this Court on March 3, 2008 is hereby denied.
SO ORDERED this ______ day of February 2008.
____________________________ The Honorable Joseph J. Farnan United States District Court Judge
-2DEL 86,207,042v2 1/31/2008