Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 275 Filed 01/18/2008 Page 1 012
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: :
P : Chapter 11
NORTHWESTERN CORPORATION, :
; Bankruptcy Case No. 03-12872
Debtor. :
MAGTEN ASSET MANAGEMENT CORP. and :
LAW DEBENTURE TRUST COMPANY OF :
NEW YORK, :
Plaintiffs, :
: Civil Action No. 04-1494-JJF
v. :
NORTHWESTERN CORPORATION, :
Defendant. :
MAGTEN ASSET MANAGEMENT CORP., :
Plaintiff, :
v. : Civil Action No. 05-499-JJF
MIKE J. HANSON and ERNIE J. :
KINDT, :
Defendants. :
O R D E R
WHEREAS, the Debtor, Northwestern Corporation has filed, in
each of the above-captioned actions, a Motion In Limine Striking
Expert Reports and Precluding Testimony of Paul A. Marcus and
Robert W. Berliner (D.I. 267 in Civil Action No. 04-1494; D.I.
304 in Civil Action No. 05-499);
WHEREAS, Defendants Ernie Kindt and Mike Hanson have filed
in the action to which they are a party, a Motion in Limine To

Case 1:04-cv-01494-JJF Document 275 Filed 01/18/2008 Page 2 of 2
Strike And Exclude Expert Witnesses (D.I. 302 in Civil Action No.
05-499);
WHEREAS, Plaintiffs in the above-captioned actions, have
requested the Court to stay briefing on all of the Motions In
Limine which implicate issues under Daubert v. Merrell Dow Pharm,
Ingg, 509 U.S. 579 (1993);
WHEREAS, separate responses have been filed by Northwestern
Corporation and Defendants Kindt and Hanson;
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. Briefing on Northwestern’s Motion In Limine Striking
Expert Reports and Precluding Testimony of Paul A. Marcus and
Robert W. Berliner (D.I. 267 in Civil Action No. 04-1494; D.I.
304 in Civil Action No. 05-499) is STAYED.
2. Briefing on the Motion To Strike And Exclude Expert
Witnesses filed by Defendants Hanson and Kindt (D.I. 302 in Civil
Action No. 05-499) is STAYED.
3. Any motions in limine to be filed in the above-
captioned actions shall be filed with the respective Pre-Trial
Order.
January 18, 2008 %©@e%A& g3 % géwg %? _
DATE ED STATE DISTRICT JUD