Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—O1494-JJF Document 141-3 Filed O4/13/2007 Page 1 014

Case 1 :04-cv—O1494-JJF Document 141-3 Filed O4/13/2007 Page 2 of 4
CERTIFICATION PURSUANT TO DELAWARE LOCAL RULE 7.1.1
The undersigned attorney hereby certifies, pursuant to Delaware Local Rule 7.1.1, that
movant Magten Asset Management Corporation has made reasonable efforts to reach agreement
with opposing counsel on the matters set forth in the Motion to no avail. Evidence of impasse
may be found in numerous of the communications between the parties with respect to the issues
raised by the Motion, as detailed in the Motion and appended as exhibits to the Declaration of
John Brewer, Esquire, filed concurrently herewith. The parties' impasse is further demonstrated
by the email sent from Joseph D. Pizzurro, Esquire, counsel to NorthWestern Corporation, to
counsel for Magten on April l0, 2007 at 7:02 p.m., a copy of which is attached hereto. By this
email, NorthWestern's counsel has terminated further communications on discovery issues until
Magten either returns or destroys thousands of pages of documents previously produced by
NorthWestern that NorthWestern claims were inadvertently produced. NorthWestern's claims as
to both the privilege and inadvertent production of those documents are disputed by Plaintiffs,
and addressed in the accompanying Motion.
·
552 Q. tz Sac.;
Dale R. Dubé (DE No. 2863)
1 2008701600/4016830l V. 1

Case 1 :04-cv—O1494-JJF Document 141-3 Filed O4/13/2007 Page 3 of 4
Dube, Dale R.
From: Pizzurro, Joseph D. [jpizzurro@cm—p.com]
Sent: Tuesday, April 10, 2007 7:02 PM
To: Brewer, John W.; Delaney, Nancy E.; Bagnato, Jennifer A.
Cc: Steingart, Bonnie; Kaplan, Gary; Dube, Dale R.; [email protected];
[email protected]; KIM Beatty; STAN Kaleczyc; [email protected]
Subject: RE: Letter on Another Discovery Issue
John,
We will not be responding to any of your additional requests until you are in compliance with your
obligations under paragraph 8 of Judges Farnan's Stipulated Protective Order of March 21, 2007. We
will be providing you with replacement disks of the affected document production and upon receipt
please immediately return, or certify in writing that you have destroyed, the disks containing the
inadvertently produced privileged information.
Joseph D.Pizzurro
Curtis, Mallet-Prevost, Colt & Mosle LLP
101 Park Avenue
New York, NY 10178
Tel: 212 696 6196
Fax: 212 697 1559
Email: [email protected]
----- Original Message -----
From: Brewer, John W. [mailto:[email protected]]
Sent: Tuesday, April 10, 2007 5:31 PM
To: Pizzurro, Joseph D.; Delaney, Nancy E.; Bagnato, Jennifer A.
Cc: Steingart, Bonnie; Kaplan, Gary; dube@b|ankrome.com; [email protected];
[email protected]; KIM Beatty; STAN Kaleczyc; [email protected]
Subject: Letter on Another Discovery Issue
Please see attached.
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Case 1 :04-cv—01494-JJF Document 141-3 Filed 04/13/2007 Page 4 of 4
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