Free Motion in Limine - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 159 Filed 08/22/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DONALD M. DURKIN CONTRACTIN G, INC. )
Plaintiff, )
)
v. ) CIVIL ACTION NO. 04-0163
)
CITY OF NEWARK, et al., )
Defendants, )
)
and )
)
CITY OF NEWARK, )
Third-Party Plaintiff, )
)
v. )
)
FEDERAL INSURANCE COMPANY, )
Third-Party Defendant. )
FEDERAL’S MOTION IN LIMINE TO EXCLUDE
ANY REFERENCE TO OR EVIDENCE OF THE CITY OF NEWARK’S ALLEGED
DAMAGES
Third-Party Defendant, Federal Insurance Company ("Federal"), moves in limine
to exclude from admission into evidence at trial any reference to or evidence of the alleged
damages of Third-Party Plaintiff] City of Newark (the "City"). In support thereof, Federal avers
as follows:
1. On May l2, 2006, Federal served discovery requests upon the City
requesting, among other things, information relating to damages that the City contends are
payable under the Performance Bond.l
2. Notwithstanding Federal’s legitimate discovery demands, the City did not
provide any listing of any of its damages until Sunday, August 20, 2006 at 6:24 p.m., when the
City, for the very first time, provided Federal a one-page list, allegedly setting forth its purported
I A copy of Federal’s discovery requests is attached to the accompanying Appendix as Exhibit "A."

Case 1 :04-cv-00163-GIVIS Document 159 Filed 08/22/2006 Page 2 of 3
damages in this case. The City ignored Federal’s numerous previous requests to respond to the
discovery.2
3. The list of "proj ected" damages, as the City calls it, does not provide any
explanation of how the City calculated or is entitled to those damages.
4. Further, the City has not designated any expert witness to testify as to its
alleged damages.
5. As a result of these failures, any reference to or evidence of the alleged
damages set forth in the City’s list should be excluded at trial.
WHEREFORE, for these reasons and those set forth in the accompanying
Opening Brief, which is incorporated herein by reference, any evidence relating to the City’s
alleged damages should be excluded from evidence at trial.
Respectfully submitted,
/s/
Kevin W. Goldstein, Esquire
Delaware Bar No. 2967
STRADLEY, RONON, STEVENS & YOUNG, LLP
300 Delaware Avenue
Suite 800
Wilmington, DE 19801
(302) 576-5850
(302) 576-5858 Fax
Samuel J. Arena, Jr., Esquire (pro hac vice)
Patrick R. Kingsley, Esquire (pro hac vice)
David M. Burkholder, Esquire (pro hac vice)
STRADLEY, RONON, STEVENS & YOUNG, LLP
2 Federal sent several requests to the City requesting responses to the discovery. A copy of those requests
are attached to the accompanying Appendix as Exhibit "B." The City, however, only decided to provide documents
in response to the discovery requests on August ll, 2006, without any explanation of the City’s theory on damages
or written responses to F ederal’s discovery.
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Case 1 :04-cv—00163-GIVIS Document 159 Filed 08/22/2006 Page 3 of 3
2600 One Commerce Square
Philadelphia, PA 19103-7098
(215) 564-8000
(215) 564-8120 Fax
Attorneys for Third-Party Defendant,
Federal Insurance Company
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