Free Motion in Limine - District Court of Delaware - Delaware

Case 1:04-cv-00163—Gl\/IS Document 193-2 Filed 08/22/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD M. DURKIN CONTRACTING,
INC., Plaintqf E
vs. I
A CITY OF NEWARK, et al., Defendants E CASE NO. O4-0163-GMS
. and E A
CITY OF NEWARK, T hird-Party Plaintmf i
vs. n
` DONALD M. DURKIN CONTRACTING,
FEDERAL INSURANCE COMPANY and
URS CORPORATION, T hird-Party :
Defendants
- —»--- . n _ ORDER
. AND NOW, the Court, having heard and considered Defendant Donald M.
Durkin Contracting, Inc.’s Motion in Limine to Preclude the City from Offering Evidence I
that the Method for Payment for Incomplete Work Other Than on a Time and Materials
Basis, does hereby FIND and ORDER:
Defendant City of Newark is precluded from presenting evidence or arguments of
a method for calculating payment for incomplete work other than on a time and materials
basis.
SO ORDERED this ___ day of , 2006.
A
`KO`P:346554v2 35l4-04

Case 1:04-cv-00163-GMS

Document 193-2

Filed 08/22/2006

Page 1 of 1