IN THE DISTRICT COURT OF THE UNITED STATES 

FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION 

DONNA DORSEY DAVIS, ) 

as an individual and derivatively upon behalf of ) 

I-65 Properties, Inc., ) 

 ) 

 Plaintiff, ) 

 ) 

v. ) Civil Action No.: 2:06cv766-MHT 

 ) 

RICHARD M. DORSEY, ) 

as an individual, I-65 Properties, Inc., a ) 

Alabama corporation, ) 

 ) 

 Defendant. ) 

 ) 

MOTION IN LIMINE

 Comes now the Plaintiff, Donna Dorsey Davis, prior to the commencement of the trial of 

this case, and respectfully moves that counsel for defendants, and through such counsel any and 

all defendant’s witnesses, be instructed by the Court to refrain from making any mention or 

interrogation, directly or indirectly, in any manner whatsoever, concerning any of the matters 

hereinafter set forth without first approaching the Bench and obtaining a ruling from the Court 

outside the presence and outside the hearing of all jurors, in regard to any alleged theory of 

admissibility of such matters. In this connection plaintiff shows unto the Court that the matters 

set out would be inadmissible for any purpose on proper and timely objection in that they have 

no bearing on the issues in this case or the rights of the parties to this suit. Permitting 

interrogation of witnesses, comments to jurors, or prospective jurors, or offers of evidence 

concerning these matters would prejudice the jury, and sustaining objections to such questions, 

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comments or offers would not cure such prejudice, but rather reinforce the impact of such 

prejudicial matters on the jurors. Furthermore, the injection of such matters in the trial of this 

cause would result in irreparable prejudice and harm to the plaintiff’s case, which no instruction 

by the Court to the jury would cure. 

 The following matters would be inadmissible for any purpose in this cause: 

A. Any and all testimony relating to the corporation, I-65 Properties, Inc., or the 

Plaintiff, Donna Dorsey Davis’, inability to finance or provide the necessary 

funds regarding the exercise of certain options to purchase adjacent or nearby 

properties. 

 The basis for Plaintiff’s request for such instruction is enumerated by this Honorable 

Court at pages 28 and 29 of this Court’s order issued July 6, 2007. Specifically, the Court cited 

the Banks case quoting 19 C. J. S. Corporations, supra, §785, states that the corporate 

opportunity applies “‘even though [the] company is unable to finance the transaction.’” Banks v. 

Bryant 497 So. 2d at 463 (Ala. 1986). 

 WHEREFORE, Plaintiff prays this Honorable Court will grant this Motion in Limine and 

exclude any evidence in regards to the Corporation’s or Plaintiff’s financial inability to pursue 

certain corporate opportunities. 

 Respectfully submitted, 

 //s// Lindsay B. Erwin 

 Lindsay B. Erwin, Esq. 

 ASB-5299-Y59E 

 Attorney for Plaintiff 

Meacham, Earley & Fowler, P.C. 

5704 Veterans Parkway 

Case 2:06-cv-00766-MHT-TFM Document 63 Filed 07/09/2007 Page 2 of 3
Columbus, GA 31904 

(706) 576-4064 

CERTIFICATE OF SERVICE

 I hereby certify that on the 9th day of July, 2007, I electronically filed the foregoing with 

the Clerk of the Court using electronic filing system which will send information of such filing to 

the following: 

 Clifford W. Cleveland 

 Cleveland & Colley, P.C. 

 P.O. Box 680689 

 Prattville, AL 36068 

 James E. Roberts, Esquire 

 4908 Cahaba River Road, Ste 204 

 Birmingham, AL 35243 

 //s// Lindsay B. Erwin

OF COUNSEL 

Case 2:06-cv-00766-MHT-TFM Document 63 Filed 07/09/2007 Page 3 of 3