Free Motion for Leave to File - District Court of Delaware - Delaware

A n Case 1 :04-cv-00148-OIVIS Document 70 A Filed 08/15/2005 Page 1 of 2 A
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re INACOM CORP., et al., Bankruptcy Case No. 00-2426 (PIW)
INACOM CORP., on behalf of all affiliated Civil Action No. 04-148 (GMS) A
Debtors, [Bk Adv. Case No. 03-50501 (PJW)]
Plaintiff}
v.
TECH DATA CORPORATION, n
Defendant.
AND RELATED THIRD PARTY _
ACTION.
_ PLAINTIFF’S MOTION FOR LEAVE T0 FILE MOTIONS IN LIMINE
Plaintiff Inacom Corp. files this Motion for leave in an abundance of caution to ensure A
that it is in compliance with the Court’s pretrial procedures. In accordance with the Court’s form i`
of Final Pretrial Order, Plaintiff has identified and filed its motions in limine concurrently with
the filing of the Prctrial Order. (The motions in limine are also identified in Exhibit A hereto.)
Plaintiff has also heard, however, that the Court does not always accept motions in limine in
actions before the Court as a result of withdrawal of the reference from the Bankruptcy Court. I
As such, Plaintiff has taken this extraordinary step to seek t11e Court’s leave to iile its three
motions in limine in this action.
Plaintiff submits that the motions in limine will greatly assist the Court in streamlining
the trial of this matter by excluding inappropriate evidence. The Court has authority to exclude
evidence based on a motion in limine, pursuant to its "inherent power to manage the course of
tria1s." Luce v. United States, 469 U.S. 38, 41, 105 S.Ct. 460, 463, fn.2 (1984); United States v.
Holmquist, 36 F.3d 154, 163 (lst Cir. 1994). Motions in limine are well recognized in the case
4212s~00z\¤ocs_oe;1 10839.1 I

Case 1 :04-cv—00148-GIVIS Document 70 Filed 08/15/2005 Page 2 of 2 n
law as a vehicle for "advance planning [that] helps both parties and the c0urt.” United States v.
Cook, 608 F.2d 1175, 1186 (9th Cir. 1979). See Padillas v. Stork-Gamco, Inc., 186 F.3d 412, 417
(3*** cir. 1999).
Plaintiff thus respectfully requests that the Court grant leave to file and pursue its motions
in limine in this matter. 1
Dated: August , 2005 PACHULSKI, STANG, ZIEHL, YOUNG, JONES
& WEINTRAUB P.C.
Laura Davis Jones (Bar No. 2436) p
Sandra McLamb (Bar No. 4283) ,
919 North Market Street, 16th Floor 1
Wilmington, DE 19899-8705 (Courier 19801)
Telephone: (302) 652-4100
Facsimile: (302) 652-4400
Andrew W. Caine (CA Bar No. 110345)
Jeffrey P. Nolan (CA Bar No. 158923)
10100 Santa Monica Blvd., Suite 1100
Los Angeles, Califomia 90067 1
Telephone: (310) 277-6910 _
Facsimile: (310) 201-0760
Counsel for Plaintiff INACOM CORP. h
42125-0cs11>ocs_r>1;;1 l0839.I 2 `

Case 1:04-cv-00148-GMS

Document 70

Filed 08/15/2005

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Case 1:04-cv-00148-GMS

Document 70

Filed 08/15/2005

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