Free Motion to Compel - District Court of Delaware - Delaware


File Size: 177.2 kB
Pages: 4
Date: December 31, 1969
File Format: PDF
State: Delaware
Category: District Court of Delaware
Author: unknown
Word Count: 925 Words, 5,728 Characters
Page Size: Letter (8 1/2" x 11")
URL

https://www.findforms.com/pdf_files/ded/8846/99-3.pdf

Download Motion to Compel - District Court of Delaware ( 177.2 kB)


Preview Motion to Compel - District Court of Delaware
Case 1:04-cv-01494-JJF Document 99-3 Filed 12/15/2006 Page 1 of 4 i
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE s
MAGTEN ASSET MANAGEMENT CORP. : ,
and LAW DEBENTURE TRUST COMPANY OF : ‘
NEW YORK, : i
Piamurrs, E .
v. Civil Action No. 04-1494-JJ F
NORTHWESTERN CORPORATION, ,
Defendant.
MAGTEN ASSET MANAGEMENT CORP., :
Plaintiff
v. Civil Action No. 05-499-] I F
MIKE J. HANSON and ERNIE J. KINDT, {
Defendants.
MAGTEN ASSET MANAGEMENT CORP.
Suing individually and derivatively on behalf :
of CLARK FORK and BLACKFOOT, LLC, :
Piamiirg 2
v. Civil Action No. 04·l256-IJF
PAUL HASTINGS JANOFSKY & WALKER
LLP, :
Defendant.
DECLARATION OF BONNIE STEINGART
BONNIE STEINGART declares as follows:
L I. I am an attorney and a member of the finn of Fried, Frank, Harris, Shriver
& Jacobson LLP ("Fried Franl<"), counsel to Magten Asset Management Corporation
("Magten") in connection with the above captioned actions. I submit this declaration (the

[ ii Case 1:04-cv-01494-JJF Document 99-3 Filed 12/15/2006 Page 2 of 4
"Dec1aration") in support of the motion of Magten and Law Debenture Trust Company of
New York (together with Magten, the "Plaintiffs") for the entry of an order to compel the §
production of documents and for expenses (the "Motion") pursuant to Rules 34 and 37 of
the Federal Rules of Civil Procedure. {
2. Attached hereto as Exhibit A are true and correct copies of Magten’s First 1
Request for Production of Documents (collectively, "First Requests") served on
NorthWestern Corporation ("NorthWestern"), Mike J. Hanson ("Hanson"), and Ernie J.
Kindt (“Kindt") (collectively, the "NOflhW€St€fH Defendants") on or about January 24, J
2006.
3. Attached hereto as Exhibit B is a true and correct copy of NorthWestem’s
Motion for a Protective Order (the "Motion for a Protective Order") [Docket No. 55] with J
respect to the First Requests, entered on the docket on February 2, 2006.
4. Attached hereto as Exhibit C is a true and correct copy of Hanson and
Kindt’s J oinder to NorthWestem’s Motion for a Productive Order [Docket No. 65], 1
entered on the docket on February 13, 2006.
5. Attached hereto as Exhibit D is a true and correct copy of the
Memorandum Order, as to all above captioned cases, Denying the Motion for a
Protective Order [Docket No. 86], entered on the docket on September 29, 2006. 1
6. On October 13, 2006, for the purpose of discussing proposed dates for
discovery in the actions, counsel for Plaintiffs and counsel for all defendants held a meet
and confer teleconference. H
7. Attached hereto as Exhibit E is a true and correct copy of a letter dated
October 17, 2006 [Docket No. 91] from counsel for NorthWestem to The Honorable
Joseph J. Farnan, Jr..
8. Attached hereto as Exhibit F are true and correct copies of the
No1thWestern Defendants’ Responses and Objections to P1aintiffs’ First Requests served
on the Plaintiffs on or about October 27, 2006.
2 1

q A Case 1 :04-cv-01494-JJF Document 99-3 Filed 12/15/2006 Page 3 of 4 1
9. Attached hereto as Exhibit G is a true and correct copy of a letter dated
November 2, 2006 from counsel for Plaintiffs to counsel for NorthWestern. j
10. Attached hereto as Exhibit H is a true and correct copy of a letter dated 1
November 3, 2006 from counsel for Magten to counsel for Hanson and Kindt.
11. Attached hereto as Exhibit I is a true and correct copy of the Rule 16 A
Scheduling Order [Docket No. 94], entered on the docket on November 3, 2006. j
12. Attached hereto as Exhibit] is a tme and correct copy of a letter dated r
November 7, 2006 from counsel for NorthWestern to counsel for Magten. A
13. Attached hereto as Exhibit K is a true and correct copy of a letter dated
November 8, 2006 from counsel for Hanson and Kindt to counsel for Magten. 1
14. Attached hereto as Exhibit L is a true and correct copy of a letter dated
November 9, 2006 from counsel for NorthWestern to counsel for Magten that
accompanied the production of approximately 10,300 pages of documents from
NorthWestern that are the only documents produced to date.
15. On November 20, 2006, at the request of Magten’s counsel, the parties
held a teleconference aimed at narrowing differences with respect to objections to the
First Requests. On the call, Magten asked for a date by which production of documents
would be complete. Once again, the NorthWestern Defendants declined to commit to a 9
date certain, stating that they were not in a position to provide a production date at that
time.
16. Attached hereto as Exhibit M is a true and correct copy of a letter dated
November 27, 2006 from counsel for NorthWestern to counsel for Magten.
17. Attached hereto as Exhibit N is a true and correct copy of a press release
dated December 4, 2006 from the United States Securities and Exchange Commission.
18. Attached hereto as Exhibit O is a true and correct copy of a letter dated
December 4, 2006 from counsel for Magten to counsel for NorthWestern.

~ Case 1:04-cv-01494-JJF Document 99-3 Filed 12/15/2006 Page 4 of 4
19. Attached hereto as Exhibit P is a tme and correct copy of a letter dated
December 11, 2006 from counsel for NorthWestern to counsel for Magten.
20. Attached hereto as Exhibit Q is a true and correct copy of a letter dated i
December 14, 2006 from counsel for Magten to counsel for NorthWestern. i
I declare under the penalty of perjury under the laws of the United [
States that the above statements are true and correct.
Dated: New York, New York y
December 15, 2006 /
1 /{
By: ,6w/
Bonnie Steingart
4