Free Response to Motion - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 106-2 Filed 01/05/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MAGTEN ASSET MANAGEMENT CORP. :
and LAW DEBENTURE TRUST COMPANY OF :
NEW YORK, :
Piatatarrs, E
v. Civil Action No. 04-1494-JJF
NORTHWESTERN CORPORATION,
Defendant.
MAGTEN ASSET MANAGEMENT CORP., :
Plaintiff} E
v. Civil Action No. 05-499-JIF
MIKE J. HANSON and ERNIE J. KINDT,
Defendants.
MAGTEN ASSET MANAGEMENT CORP :
Suing individually and derivatively on behalf :
of CLARK FORK and BLACKFOOT, LLC, :
Plaintifh
v. Civil Action No. 04-1256-JJF
_ PAUL HASTINGS JANOFSKY & WALKER
LLP, :
____ Defendant.
UPON the Motion of Magten Asset Management Corporation and Law Debenture Trust
Company of New York (the "Plaintiffs") to Compel the Production of Documents and For _
Expenses (the "Motion"); and the Plaintiffs having filed supporting memoranda and other
papers; and defendants NorthWestern Corporation, Michael J. Hanson and Emie J. Kindt (the
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Case 1 :04-cv-01494-JJF Document 106-2 Filed 01/05/2007 Page 2 of 2
"NorthWestern Defendants") having filed responsive memoranda and other papers in opposition
to the Motion; and the Court being of the opinion that the Motion should be denied, it is hereby
ORDERED that the Motion is DENIED; and it is further
ORDERED that the Plaintiffs and their attomeys in this action shall pay monetary
sanctions in the amount of S to the NOfthW6Sf€H1 Defendants for their expenses,
including reasonable attomeys’ fees incurred in responding to the Motion; and it is further
ORDERED that, pursuant to the Court’s Rule 16 Scheduling Order [Docket No. 94],
Plaintiffs shall be permitted to submit one more Rule 37 motion during the course of discovery in
the above captioned actions.
Dated: January __, 2007
Honorable Joseph J. Farnan, Jr.
United States District Judge
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