Free Motion in Limine - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 164-2 Filed 10/04/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, L.P., )
Plaintiff, 3
v. ) Civ. N0. 04—l282—J]F
ALSTOM POWER, INC., g
Defendant. g
)
[Proposed] ORDER
Upon consideration of the Motion in Limine on Evidentiary Matters of Plaintiff
AES Puerto Rico L.P. ("AES-PR"), it is this ___ day of October 2006, hereby
ORDERED that the motion is GRANTED; and it is further
ORDERED that ALSTOM Power Inc ("ALSTOM") is precluded from making
any inquiry or presenting any evidence at trial regarding the alleged improper disposal in the
Dominican Republic of coal ash from the AES-PR plant; and it is further,
ORDERED that ALSTOM is precluded from presenting evidence or argument at
trial suggesting that EEC, and not ALSTOM, is to blame for any alleged design deficiencies in
the equipment at the AES-PR facility; that ALSTOM was forced to contract with EEC; and that
AES-PR should have to recover any proven damages from EEC; and it is further,
ORDERED ALSTOM is precluded from eliciting any testimony from its expert
witnesses based in whole or in part on evidence obtained from ex parte communications with
AES-PR personnel; and it is further

Case 1:04-cv-01282-JJF Document 164-2 Filed 10/04/2006 Page 2 of 2
ORDERED that ALSTOM is precluded from arguing or asserting that AES-PR
"assumed the risk" of corrosion; and it is further
ORDERED that ALSTOM is precluded from presenting evidence of the
monetary value of AES—PR’s settlement with Duke Fluor Daniel Caribbean, S.E.
Joseph J. Faman, Jr,
UNITED STATES DISTRICT JUDGE