Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 189 Filed 05/1 1/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
MAGTEN ASSET MANAGEMENT CORP. )
and LAW DEBENTURE TRUST COMPANY OF NEW )
YORK, )
Plaintiffs, )
v. ) Civil Action No. 04-1494-JJF
)
NORTHWESTERN CORPORATION, )
)
Defendant. )
)
)
MAGTEN ASSET MANAGEMENT CORP., )
)
Plaintiff, )
v. ) Civil Action No. 05-499-JJF
)
MIKE J. HANSON and ERNIE J. KINDT, )
)
Defendants. )
)
DECLARATION OF JOHN W. BREWER
JOHN W. BREWER declares as follows:
I. I am a member of the bar of the United States District Court for the
Southern District of New York, admitted pro hac vice to the Bar of this Court, and
Special Counsel with the firm of Fried, Frank, Harris, Shriver & Jacobson LLP, counsel
to Plaintiff Magten Asset Management Corporation ("Magten") in connection with the
above captioned action. I submit this declaration (the “Declaration") in further support of
the motion.
2. Attached hereto as Exhibit 1 is a true and correct copy of an e—mail I
received from counsel for Hanson and Kindt on Thursday, April 19 at 2:02 p.m. Eastern
Time attaching the letter submitted as Exhibit I to the Declaration of Kimberly A. Beatty
filed concurrently with the Opposition of Defendants Hanson and Kindt to Magten’s

Case 1:04-cv-01494-JJF Document 189 Filed 05/11/2007 Page 2 of 4
Motion for Protective Order with Respect to the Deposition of Talton R. Embry (the
“Beatty Declaration").
3. Magten’s Motion and all related papers were substantially finalized and in
the hands of Delaware counsel by 10:51 a.m. Eastern Time on Friday, April 20, as
counsel for Magten were attempting to file the motion papers with the Court by noon or
as soon thereafter as possible.
4. Attached hereto as Exhibit 2 is a true and correct copy of an e-mail I
received from counsel for Hanson and Kindt on Friday, April 20 at 12:04 p.m. Eastern
Time attaching the letter submitted as Exhibit 2 to the Beatty Declaration.
5. The electronic filing with the Court of Magten’s Motion for a Protective
Order with Respect to the Deposition of Talton R. Embry and accompanying papers was
completed by 1:05 p.m. Eastern Time on Friday, April 20.
6. Attached hereto as Exhibit 3 is a true and correct copy of an e-mail I
received dated April 1 1, 2007 received at 9:07 p.m. Eastern Time from counsel for
Hanson and Kindt and a true and correct copy of the Notice of Deposition and Certificate
of Service attached to that e-mail.
7. Attached hereto as Exhibit 4 is a true and correct copy of the Notice of
Service (of Notice of Deposition) filed and docketed as D.I. 174 in Case 05-499 on April
12, 2007.
8. Attached hereto as Exhibit 5 is a true and correct copy of the “Revised
Administrative Procedures Governing Filing and Service by Electronic Means" that were
adopted by Order of the United States District Court for the District of Delaware effective
March 1, 2005, and revised as of November 2006. This document was downloaded from
the District Court’s official website on May 10, 2007.
2

Case 1:04-cv-01494-JJF Document 189 Filed 05/11/2007 Page 3 of 4
I declare under the penalty of perjury that the above statements are
true and correct.
Dated: New York, New York
May ll, 2007
J olm W. Brewer
3

Case 1:04-cv-01494-JJF Document 189 Filed 05/11/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 11th day of May, 2007, I served by hand delivery and
electronic filing the DECLARATION OF JOHN W. BREWER, using CM/ECF which will send
notification of such filing(s) to the following:
Denise Seastone Kraft, Esquire Victoria Watson Counihan, Esquire
Edwards Angell Palmer & Dodge LLP Dennis A. Meloro, Esquire
919 North Market Street, 15th Floor Greenberg Traurig LLP
Wilmington, DE 19801 The Nemours Building
1007 North Orange Street, Suite 1200
Kathleen M. Miller, Esquire Wilmington, DE 19801
Smith Katzenstein & F urlow LLP
800 Delaware Avenue
P. O. Box 410
Wilmington, DE 19899
I also certify that, on this 11th day of May, 2007, I served the aforementioned document,
by e-mail and Federal Express, upon the following participants:
Stanley T. Kaleczyc, Esquire Steven J. Reisman, Esquire
Kimberly A. Beatty, Esquire Joseph D. Pizzurro, Esquire
Browning, Kaleczyc, Berry & Hoven, P.C. Nancy E. Delaney, Esquire
139 North Last Chance Gulch Miriam K. Harwood, Esquire
P.O. Box 1697 Curtis, Mallet-Prevost, Colt & Mosle LLP
Helena, Mt 59624 101 Park Avenue
New York, New York 10178-0061
John V. Snellings, Esquire
Amanda D. Darwin, Esquire
Nixon Peabody LLP
100 Summer Street
Boston, Massachusetts 021 10-1832
Dale R. Dubé (No. .2863)
l20087.0l600/40168745v.l
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