Free Letter - District Court of Delaware - Delaware

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Date: October 19, 2005
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State: Delaware
Category: District Court of Delaware
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~ P Case 1 :04-cv-01494-JJF Document 19 Filed 10/19/2005 Page 1 f 3
Fried, Frank, Harris, Shriver & Jacobson LLP
One New York Plaza
New York, NY 10004-1980
Tel; 212.859.80oo
Fax; 212.859.4000
October 19, 2005
The Honorable Joseph J. Faman, Jr.
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: October 21, 2005 Status Conference:
Magten Asset Management Corp. (In re: North Western Corp ration)
Your Honor:
Magten Asset Management Corporation ("Magten") writes to respectfully sugg t the
following agenda items for the Com·t’s consideration at the Status Conference schedule for 9:30
a.m. on October 21, 2005.
1. Seguence
As the Court is aware from Magten’s letter of September 7, 2005 and accompan `ng
chart, there are numerous appeals and cases set for trial involving Magten that are curre tly
pending before the Court. Magten respectfully suggests, in the interest of judicial econ my, that
the Court tum first to the issues raised by appeal 05-0209 JJF (the "9019 Appea1") whic , if
decided in Magten’s favor, would dispose of all other appeals and cases involving Magt n. gg
. The issues in the 9019 Appeal are discrete and involve primarily questions of la , such
as contract formation and enforceability. This matter has been fully briefed and is ripe r
A Delaware Limited Liability Partnership
New York- Washington • Los Angeles • London • Paris

- ` Case 1 :04-cv-01494-JJF Document 19 Filed 10/19/2005 Page 2 f 3
Fried, Frank, Harris, Shriver & Jacobson LLP
The Honorable Joseph J. Faman, Jr.
October 19, 2005
Page 2
2. Discovery
The underlying transaction that Magten challenges as fraudulent involves the tr sfer of
certain utility assets from the entity now known as Clark Fork & Blackfoot to NorthWe tern in
2002. In addition to the obvious prejudice to Magten by the sheer passage of time, Ma en faces
the growing problem that personnel changes at the reorganized debtor will result in the
tmavailability of critical witnesses.
Although there may be other issues on which the parties will need to conduct di covery,
Magten respectfully requests that discovery proceed immediately as to at least the follo ing
issues that are common to the matters pending before the Court:
• the capitalization of Clark Fork & Blackfoot LLC and NorthWestem before d after
the transfer;
• the value of assets transferred; and
• the role of third parties in the challenged transaction. .
Magten proposes a 120-day period for completing fact and expert discovery on these is ues.
Magten’s counsel is available by telephone, should the Court have any question prior to
the October 21, 2005 Status Conference. 3
Respectfully submitted,
Bonnie Steingart
- and -
` E (E r
Dale R. Dubé (I.D. #2863)
1201 Market Street, Suite 800
Wilmington, DE 19801
(302) 425-6467

·— ` Case 1 :04-cv-01494-JJF Document 19 Filed 10/19/2005 Page 3 f 3
Fried, Frank, Harris, Shriver & Jacobson LLP
The Honorable Joseph J. Faman, Jr.
October 19, 2005
Page 3
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