Free Motion to Compel - District Court of Delaware - Delaware


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Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01494-JJF Document 99-20 Filed 12/15/2006 Page 1 014
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. J I Case 1 :04-cv-01494-JJF Document 99-20 Filed 12/15/2006 Page 2 of 4
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza " “° ‘ `
new York, New York 10004-19e0 l itil l il iL\Nl\
Tel: +1.212.859.8000 9 9 9 — 9 — Q
Fax: +1.212.859.4000
www.iriedfrank.c0m
Direct Line: 212.859.8004
Fax: 212.859.8583
[email protected]
December 14, 2006
VIA ELECTRONIC MAIL
Joseph Pizzuro, Esq.
Curtis, Mallet·Prevost, Colt & Mosle LLP
101 Park Avenue
New York, NY 10178
Re: Magten Asset Management Corp. and Law Debenture Trust
Co. v. Northwestern Corp.; C.A. N0. 04-1494-JJF
Dear .1 oe:
I write to express my disappointment with the positions taken in your letter A
dated December 1 1, which regrettably leave us with no choice but to tile a_motion to
compel.
As to your continuing refusal to even provide a date by which you will complete
your production of documents, there appears to be nothing to be said that has not A
already been said, except to note that your attempt to tie your obligation to commit to
such a date with iinal agreement on our withdrawal of certain requests in retum for an ‘
acceptable stipulationis brand new, and was not mentioned in any of our prior
discussions. Obviously you could provide us with a date by which you could complete
production of all documents other than those which would be unnecessary if agreement ‘
is reached on the terms we have discussed (with the caveat that the need to produce
additional documents might affect the timing), but you have not done so.
1 am, frankly, even more troubled by your position with respect to documents
your client has already produced to the SEC. You do not deny that these documents
have long since been assembled in a form in which they could readily be produced to us
and do not require privilege review before production. There is no good reason why
they have not already been produced to us, or why you cannot now produce them
immediately. Especially given the focus in Judge Case’s decision on the threshold
fraud issue, which relates to exactly the same false and misleading NorthWestern
financial statements your client has publicly admitted are the subject of the SEC ’s
New York • Washington DG • London · Paris · Frankfurt
Fried, Frank, Harris, Shriver & Jacobson LLP is a Delaware Limited Liability Partnership

Case 1 :04-cv-01494-JJF Document 99-20 Filed 12/15/2006 Page 3 of 4
Frlad, Frank, Harris, Shriver & Jacobson LLP
December 14, 2006
Page 2
inquiry, we cannot imagine that there are any documents in the SEC production which
would not be relevant to this litigation. We are also highly skeptical that there are any
such documents which would not be responsive to one or more of the outstanding
requests as to which you have indicated you will produce responsive documents.
Given the general professionalism we have previously experienced nom you
and your tirm and the fact that working out issues like these consensually is usually to
the benefit of all parties to a litigation, we are somewhat puzzled as to the reason for the
continued delay and stonewalling. It suggests some motive on the part of your client
above and beyond the generic tendency sometimes displayed by defendants to favor
delay for its own sake. In particular, we have begun to wonder whether your client is
hoping to keep certain damaging information out of view until the Montana Public
Service Commision and other regulators have completed their review of
NorthWestern’s proposed transaction with BBI. Your client should assume that we
will take any and all steps necessary to ensure prompt production of these materials.
Yours truly,
cc: Gary L. Kaplan, Esquire
John W. Brewer, Esquire
Dale R. Dubé, Esquire
Bijan Arnini, Esquire
Steven J . Reisman, Esquire
Jesse H. Austin, IH, Esquire
Victoria W. Counihan, Esquire
Nancy E. Delaney, Esquire
Karol K. Denniston, Esquire
Dennis E. Glazer, Esquire
Miriam K. Harwood, Esquire
David A. Jenkins, Esquire
Paul Spagnoletti, Esquire
Stanley T. Kaleczyc, Esquire
Kimberly A. Beatty, Esquire

i Case 1 :04-cv-01494-JJF Document 99-20 Filed 12/15/2006 Page 4 of 4
Frlsd, Frank, Harris, Shriver & Jacobson LLP
December 14, 2006
Page 3
Denise Seastone Kraft, Esquire
Adam G. Landis, Esquire
Demiis A. Meloro, Esquire
Curtis S. Miller, Esquire
Kathleen M. Miller, Esquire
John V. Suellings, Esquire