Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 107 Filed 01/05/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MAGTEN ASSET MANAGEMENT CORP. :
and LAW DEBENTURE TRUST COMPANY OF :
NEW YORK, :
Plaintiffs, Z
v. Civil Action No. O4-1494-JJF
NORTHWESTERN CORPORATION,
Defendant.
MAGTEN ASSET MANAGEMENT CORP., :
piaimin; {
v. Civil Action No. 05-499-JJF
MIKE J. HANSON and ERNTE J. KJNDT,
Defendants.
—-MAGTEN ASSET MANAGEMENT CORP :
Suing individually and derivatively on behalf :
of CLARK FORK and BLACKFOOT, LLC, :
Plaintiff; 2 I
v. Civil Action No. 04-1256-JJF
PAUL HASTINGS JANOFSKY & WALKER ;
LLP, :
Defendant. ;
DECLARATION OF NANCY E. DELANEY E
NANCY E. DELANEY declares as follows:
{
l. I am an attorney and a member of the firm of Curtis, Mallet-Prevost, Colt &
Mosle LLP, counsel to defendant NozthWestem Corporation ("NorthWestem"). I submit this
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Case 1 :04-cv-01494-JJF Document 107 Filed 01/05/2007 Page 2 of 3
declaration in support of the joint opposition of defendants NorthWestern, Mike J. Hanson and
Ernie J. Kindt (collectively the "NorthWestem Defendants") to Plaintiffs’ motion to compel
production of documents "immediately" and for expenses pursuant to Rules 34 and 37 of the
Federal Rules of Civil Procedure.
2. Attached as Exhibit A is a true and correct copy of NOYthW6StCm’S Memorandum
of Law in Support of its Motion for a Protective Order dated February 2, 2006 [Docket No. 56].
3. Attached as Exhibit B is a true and correct copy of a letter dated October 16, 2006
from counsel for the Plaintiffs to The Honorable Joseph J. F aman, Jr. [Docket No. 89].
4. On the November 20, 2006 conference call among the patties and in response to a
specific query by counsel for Magten, counsel for NorthWestem stated that it was impossible to
provide a date certain by which all document production would be completed but assured
counsel that work was proceeding diligently so as to provide Plaintiffs with ample time to
complete the ten depositions to which they are entitled under the Court’s Rule 16 Scheduling
Order.
5. Attached as Exhibit C is a true and correct copy of a letter dated December I5,
2006 from counsel for NorthWestern to counsel for Magten. E
6. Since the December 15, 2006 letter to counsel for Magten, tens of thousands of F
documents have been reviewed for relevance and privilege.
7. Attached as Exhibit D are true and correct copies of letters dated December 18, 5
2006, December 21, 2006, January 4, 2007 and January 5, 2007 from counsel for NorthWestem
to counsel for Magten transmitting 35,209 pages of documents for a total production of 45,476
pages.
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. Case 1 :04-cv-01494-JJF Document 107 Filed 01/05/2007 Page 3 of 3 "`
8. Attached as Exhibit E is a true and correct copy of a letter dated December 20,
2006 to the State of Montana Public Service Commission from counsel for Magten.
9. Attached as Exhibit F is a tmc and correct copy of a letter dated December 20,
2006 to counsel for Hanson from counsel for Magten.
l0. Attached as Exhibit G is a true and correct copy of Plaintiffs’ Second Request for
Production of Documents dated December 21, 2006.
I declare under the penalty of perjury under the laws of the United States that the
above statements are true and correct. y
Dated: New York, New York
January 5, 2007
By; E¥::::;d_•<)~¤*~»(..¢U¤.»
Nancy E. Delaney 7

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