Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1 :04-cv-00163-GIVIS Document 150-13 Filed 08/22/2006 Page 1 of 2
Newark’s Objections to Proposed Jury Instructions of Durkin:
P12. Should add that there is no dispute that there is a contract between URS and the
City and that there is a Performance Bond issued by Federal that benefits the City.
P13. Add a similar paragraph to state that City is entitled to recover damages from
Durkin if City proves breach. Add similar paragraphs as to claims between City and URS and
claim of City against Federal.
Pl5. Objection. Not a pattern instruction and tmduly emphasizes one provision of
contract over another.
P18. Objection for lack of any evidentiary support.
Need to add Del.P.J.I. Civ. 10.13 on Cotmty and Municipality Tort Immunity
Need to add Del.P.J.I. Civ. 11.12 on Truth as a Defense.
Need to add Del.P.J .1. Civ. 11.17 on Defense of a Conditional Privilege
Need to add Del.P.J.I. Civ. 16.2 on Expression of Opinion
Need to add Del.P.J .1. Civ. 16.4 on Nondisclosure of Known Facts
Need to add Del.P.J.I. Civ. 22.14 on Duty to Mitigate Damages - Defamation
Need to add Del.P.J .1. Civ. 22.26 on Duty to Mitigate Damages - Breach of Contract
Q Need to add Del.P.J.I. Civ. 22.28 on Curative Instruction - Effect of Instructions on
Damages
Need to add Del.P.J .1. Civ. 22.29 on Curative Instruction - Effect of Instructions as to
Ptmitive Damages
P37. Objection. Only the Pattern language should be used. No factual or legal basis for
the additional language suggested.

Case 1 :04-cv—00163-GIVIS Document 150-13 Filed 08/22/2006 Page 2 of 2
P38. Objection. No legal or factual basis for instmction.
Newark’s Objections to Proposed Jury Instructions of Federal:
The City of Newark objects to the proposed J ury Instmctions of Federal as they are not
based on any pattem instructions, either state or federal.
As to Parties and Their Contentions the instruction misrepresents and mischaracterizes
the contract, bond and the law.
As to Directed Verdict, this instruction should be added as to each party making such a
Motion.
As to Type of Notice, and Timeliness, this is legal argument and not appropriate Jury
Instruction.

Case 1:04-cv-00163-GMS

Document 150-13

Filed 08/22/2006

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Case 1:04-cv-00163-GMS

Document 150-13

Filed 08/22/2006

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