Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01256-JJF Document 74 Filed O2/06/2006 Page 1 of 2
G reenberg
O
Traurig
Victoria W. Counihan
ren. 302.661 Jaw
Fax 302.661.73GO
[email protected]
February 6, 2006
VIA E CF AND HAND DELIVERY
ALBANY
The Honorable Joseph J. Faman, Jr.
United States District Court AMSTERDAM
District of Delaware ATTANTA
SIICCY socA imon
Wilmington, DE 19801 BOSTON
CHICAGO
Re: Magten Asset Management Corp., et al. v. NorthWestem Corp., °"““
C.A. No. 04-1494-JJF DELAWARE
Magten Asset Management Corp. v. Paul Hastings Janofsky & Walker, DENVER
LLP, C.A. No. 04-1256-JJF FORT LAUDERDALE
Magten Asset Management Corp. v. Mike J. Hanson and Ernie J. Kindt,
c.A. N0. 05-0499-JJ1=
LAS VEGAS
Dear Judge Farnan: LOSANGELES
This firm is co-counsel to NorthWestem Corporation (“NorthWestem"), along MIAMI
with the firm of Curtis, Mallet-Prevost, Colt & Mosle LLP, in connection with C.A. No. O4- M'AAN"
1494-JJF, referenced above. NEW IERSEY
Pursuant to Your Honor’s Order dated January 25, 2006, we write to confirm NEW YORK
that the appointment of John E. James, Esq. as Special Master in connection with the three ORANGE C°“""·°"
above-referenced actions is acceptable to NorthWestem. However, we note that the ORLANDO
appointment of a Special Master could entail significant additional expense for the parties, PNNAONPNN
particularly given the extraordinary breadth of the discovery requests already propounded by the
Plaintiffs. Therefore, we respectfully request that the appointment of a Special Master await a IIIOINIA
decision on NorthWestem’s pending motion for a protective order pursuant to FRCP 26(c). In A°ME*
that motion, NorthWestem seeks to have discovery limited to the sole remaining issue in SACRAMENTO
Plaintiffs’ action against NorthWestem, that is, whether in the context of the Going Flat MON VALLEY
Transaction, The Bank of New York as Indenture Trustee was defrauded into executing the
Third Supplemental Indenture, which replaced Clark Fork & Blackfoot LLC as obligor on the "`“"""‘S“
QUIPS. Based on the August 2004 Decision of the Bankruptcy Court, unless Plaintiffs can E¤» show such fraud, their claims cannot go forward. NorthWestem has proposed the production of MONO OONNEN
documents and a deposition of The Bank of New York limited to this single issue, followed
immediately by a motion for summary judgment. Should the Court grant NorthWestem’s Rule WASIIIN°I°II' Im
26(c) motion, the appointment of a Special Master may prove unnecessary. WEST EAEM BEACH
ZURICH
I Ibtyfigfiigggfigtegnc Alliance
Greenberg Traurig, LLP IAtt0rneys at Law IThe Nemours Building I 1007 North Orange Street I Suite 1200 IWilmington, DE 19801 www.gtlaw.com
Tel 302.661.7000 I Fax $02.6617360
I

Case 1 :04-cv-01256-JJF Document 74 Filed O2/06/2006 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
February 6, 2006
Page 2
We also take issue with the assertion in Magten’s February 6, 2006 letter to the
Court that NorthWestem’s Rule 26(c) motion is somehow inconsistent with its proposed discovery
schedule. NorthWestem’s proposal was based on what we believe would be necessary should the
Plaintiffs be permitted to conduct the broad-ranging discovery which they have sought in the past
and which they continue to seek. Certainly, if NorthWestem’s motion for a protective order is
granted, as we believe it should be, that schedule would be umrecessary. Furthermore, as required
by Rule 26(c), cotmsel for NorthWestem sought Plaintiffs’ agreement to the proposal that discovery
be limited to the sole remaining issue in the case. Plaintiffs’ counsel rejected that proposal out of
hand.
If Your Honor has any questions with regard to the foregoing, please contact me or
Joseph D. Pizzurro, Esq., 212-696-6196. .
Respectfully Submitted,
Victoria W. Counihan
cc: Clerk of Court (Via ECF)
Dale R. Dube, Esq. (Via E-Mail: [email protected])
Bomrie Steingart, Esq. (Via E-Mail: [email protected])
Gary L. Kaplan, Esq. (Via E-Mail: [email protected])
Kathleen M. Miller, Esq. (Via E-Mail: [email protected])
Bijan Amini, Esq. (Via E-Mail: [email protected])
Amanda Darwin, Esq. (Via E-Mail: [email protected])
John V. Snellings, Esq. (Via E-Mail: [email protected])
Stanley T. Kaleczyc, Esq. (Via E-Mail: [email protected])
Kimberly Beatty, Esq. (Via E-Mail: [email protected])
Denise Seastone Kraft, Esq. (Via E-Mail: [email protected])
Paul Spagnoletti, Esq. (Via E-Mail: [email protected])
Joseph D. Pizzurro, Esq. (Via e-Mail: [email protected])
Steven J. Reisman, Esq. (Via E-Mail: [email protected])
Greenberg Traurig, LLP
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