Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-01266-SLR Document 265-2 Filed 05/23/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re ) Chapter ll
)
TELEGLOBE COMMUNICATIONS ) Jointly Administered
CORPORATION, er al., ) Bankr. Case No. 02-11518 (MFW)
)
Debtors. )
TELEGLOBE COMMUNICATIONS )
CORPORATION, etal., )
)
Plaintiffs, )
)
v. ) C.A. N0. 04-CV-1266 (SLR)
)
BCE INC., et al., )
)
Defendants. )
ORDER GRANTING PLAINTIFFS’ MOTION IN LIMINE
TO PRECLUDE DEFENDANTS FROM RELYING UPON ANY
DELOITTE & TOUCHE DOCUMENTS, WITNESSES OR OTHER EVIDENCE,
AND FOR ADVERSE INFERENCES IN F AVOR OF PLAINTIFFS
This matter having come before the Court on Plaintiffs’ Motion in Limine to Preclude
Defendants From Relying Upon Any Deloitte & Touche Documents, Witnesses Or Other
Evidence, And For Adverse Inferenees In Favor Of Plaintiffs ("Motion in Limine"); and the
Court having determined that the legal and factual bases set forth in the Motion in Limine
establish just cause for the relief requested therein;
IT IS HEREBY ORDERED this __ day of , 2006, that:
1. The Motion in Liminez is GRANTED.
2. Defendants are precluded as follows:
• From offering testimony about any communications with
Deloitte concerning Deloitte’s views about the withdrawal of
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Case 1:04-cv—01266-SLR Document 265-2 Filed 05/23/2006 Page 2 of 2
or revisions to any representations letter sent to Deloitte for
fiscal years 2001 and 2002;
• From offering testimony about any communications with
Deloitte concerning Deloitte’s views about revised financial
statements for BCE, the Debtors and/or T1 for fiscal years 2001
and 2002;
• From challenging the authenticity or admissibility of any
document containing or reflecting any advice allegedly
received from Deloitte;
• From arguing that they relied upon advice received from
Deloitte;
• From arguing that Deloitte did not receive the original,
unaltered representations letters;
• From arguing that any actions taken were in conformity with
any advice given by Deloitte and/or were correct or appropriate
as a result of] or as evidenced by, such advice;
• From attempting to justify their challenged accounting actions
in this case and their actions in withdrawing their audit
representations letters and their approved financial statements
after February 28, 2002.
3. At trial, the Court shall accept as an admitted fact that all Deloitte & Touche
testimony would have been adverse to Defendants and favorable to Plaintiffs.
United States District Judge
2
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