Free Motion in Limine - District Court of Delaware - Delaware

Case 1 :04-cv-01380-GMS Document 57 Filed 08/29/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
) Chapter 11
. )
I“ '”°‘ ) case N0. 00-1982 (Givis)
)
GST TELECOM INC" gl g*’ ) J ointly Administered
Debtors. )
)
)

)
GST TELECOM INC., gt ali, )
) Civil Docket No. 04-CV-1380
Counterplaintiffs, )
)
v. )
)
JOHN WARTA, )
)
Counterdefendant. )
GST’S MOTION IN LIMINE REGARDING LATHAM & WATKINS CLIENT
REPRESENTATIONS
GST Telecom Inc. and the other debtors and debtors-in—possession in the above-
captioned cases (collectively, "GST"), by their attomeys, hereby submit this motion in Zimine for
an order barring claimant John Warta from presenting any evidence or argument regarding client
representations by GST’s counsel, Latham & Watkins LLP. The fact that Latham & Watkins
may have represented third parties to this action, at times and under circumstances unrelated to
the facts here, is utterly irrelevant to any issue in this case. Any attempt by Warta to inject
GST’s counsel into this litigation would be a confusing distraction for the jury, and should not be
allowed.
At a prior hearing in this matter, W8Yt3’S former counsel attempted to raise as an
issue in discovery that attorneys for Latham & Watkins at some point in time had represented
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Case 1:04-cv-01380—G|\/IS Document 57 Filed 08/29/2005 Page 2 gf 3
PF.Net, Wa1ta’s business venture after his departure from GST. It was not clear what relevance
WHft8’S counsel thought Latham & Watkins’ supposed representation of PF.Net had at the time,
but it is clear that any such representation has no relevance whatsoever to the issues that will be
tried in this case.
PF.Net is not a party to this litigation, and has no interest in its outcome. PF.Net”s
former Chief Executive Officer, Kirby "Buddy" Pickle, was deposed and GST expects to present
that deposition to establish that Warta’s claim of damages related to his former involvement with
PF.Net lacks merit. Mr. Pickle was not represented by Latham & Watkins, but had his own
representation at the deposition. It is inconceivable that any past representation of PF.Net by
Latham & Watkins could have any relevance to this litigation.
In addition to PF.Net, fonner counsel for Waita has attempted to elicit testimony
during discovery regarding Latham & Watkins’ representation of Qualcomm, Inc. Like PF.Net,
Qualcomm is not a party to this litigation, and has no interest in its outcome. Stewart Douglas
Hutcheson, of Leap Wireless International, a spin—off from Qualcomm, was deposed in this
matter and testified regarding the negotiation of a potential purchase by Qualcomm of Warta’s
company, Magnacom. While this testimony will be offered into evidence in support of GST’s
counterclaim related to Warta’s diversion of some $14.4 million into Magnacom, as well as in
support of GST’s defense to Wa1ta’s claim for indemnification, the fact that Latham & Watkins
represented Qualcomm at certain points in time is irrelevant to any issue in this litigation.
Latham & Watkins did not represent GST at the time that Qualcomm was
negotiating with GST or Warta for the potential purchase of l\/Iagnacom. No Latham & Watkins
attorney is a witness in this matter, or is expected to testify for any reason. Accordingly
whatever Warta’s prior counsel may have seen as the relevance of Latham & Watkins’
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Case 1:04-cv-01380—Gl\/IS Document 57 Filed 08/29/2005 Page 3 of 3
representation of either of these two companies during discovery, such representations are not
relevant to the issues that are about to be tried to the jury.
To allow Warta to raise any issues with respect to Latham & Watkins in this trial
would inject GST’s counsel into the litigation inappropriately. Warta must not be allowed to
thus mislead and confuse the jury through unsupported allegations and innuendo. Other than in
its role as counsel for GST, Latham & Watkins has no role in this litigation, and Warta should
not be allowed to pretend otherwise.
Wilmington, Delaware
Date: August 29, 2005
_/‘
Steven oder (No. 3885)
Christopher A. Ward (No. 3877)
THE BAYARD FIRM
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, Delaware l9899
(302) 655-5000
-and·—
David S. Heller
William J. Gibbons
Josef S. Athanas
Michael J. Faris
Danielle S. Kemp
LATHAM & WATKINS LLP
Suite 5800 Sears Tower
233 South Wacker Drive
Chicago, Illinois 60606
(312) 876-7700
Attorneys for the Debtors
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