Free Motion to Preclude - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 161 -2 Filed 10/04/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, L.P., )
Plaintiff, ;
v. ) Civ. N0. 04-l282—JJF
ALSTOM POWER, INC., g
Defendant. 3
)
[Proposed] ORDER
Upon consideration of the Daubert Motion of Plaintiff AES Puerto Rico, L.P.
("AES—PR") to Exclude Certain Testimony of Expert Witnesses Proffered by Defendant
ALSTOM Power Inc. ("ALSTOM"), it is this __ day of October 2006, hereby
ORDERED that the motion is GRANTED; it is further
ORDERED that Defendant’s expert, Dr. Ronald Ballinger, is precluded from
offering any testimony at trial regarding the operation and maintenance of the Circulating Dry
Scrubber ("CDS") or Electrostatic Precipitator ("ESP") at the AES—PR plant; it is further,
ORDERED that Defendant’s expert, Dr. Marlin Anderson, is precluded from
offering any testimony at trial regarding the operation and maintenance of the CDS at the AES-
PR plant or from offering any testimony regarding the rights and obligations of the parties under
the Contract at issue in this case; it is further,
ORDERED that Defendant’s expert, Dr. Otakar Jonas, is precluded from offering
any testimony at trial regarding the operational capabilities of the CDS at the AES—PR plant and
from offering any testimony regarding AES—PR’s damages claims; and it is further

Case 1:04-cv-01282-JJF Document 161-2 Filed 10/04/2006 Page 2 of 2
ORDERED that Defendant’s expert, Joseph Mair, is precluded from offering any
testimony at trial.
Joseph J. Farnan, Jr.
UNITED STATES DISTRICT JUDGE