Montoya v. Herley Industries, Inc. et al

MOTION in Limine No. 1: To Preclude Plaintiff From Introducing Evidence or Argument of Herley's Guilty Plea, or the Factual Predicate Thereunder, As The Sole Basis To Establish Scienter As To Herley

E.D. Pa.April 7, 2010

102406.00619/21867161v.1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA _________________________________ : IN RE HERLEY INDUSTRIES, INC. : Civil Action No. 06-CV-2596 SECURITIES LITIGATION : _________________________________ : MOTION IN LIMINE NO. 1: TO PRECLUDE PLAINTIFF FROM INTRODUCING EVIDENCE OR ARGUMENT OF HERLEY’S GUILTY PLEA, OR THE FACTUAL PREDICATE THEREUNDER, AS THE SOLE BASIS TO ESTABLISH SCIENTER AS TO HERLEY Defendants Herley Industries, Inc. (“Herley”), Lee Blatt (“Blatt”), Myron Levy (“Levy”), Anello C. Garefino (“Garefino”), Thomas V. Gilboy (“Gilboy”), and John M. Kelley (“Kelley”), by and through their undersigned counsel, submit this Motion In Limine To Preclude Plaintiff From Introducing Evidence Or Argument Of Herley’s Guilty Plea Or The Factual Predicate Thereunder, As The Sole Basis To Establish Scienter As To Herley, or from attempting to impute the scienter of certain previously dismissed Defendants to Herley. For the reasons set forth in the attached Memorandum of Law, which is incorporated by reference, Defendants respectfully request that an Order be entered in the proposed form attached. April 7, 2010 Respectfully Submitted, /s/ James T. Smith James T. Smith, Esquire Evan H. Lechtman, Esquire Nakul Krishnakumar, Esquire BLANK ROME LLP One Logan Square Philadelphia, PA 19103 Tel: (215) 569-5643 Fax: (215) 832-5643 Attorneys for Defendants Case 2:06-cv-02596-JS Document 229 Filed 04/07/10 Page 1 of 1