Free Order on Motion for Leave to File - District Court of Delaware - Delaware

Case 1:04-cv-01339-SLR Document 165 Filed 03/31/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ALH HOLDINGS, LLC ) Civ. No. 04-1339-SLR
O R D E R
At Wilmington this 31st day of March, 2008, having reviewed the various pending
motions in the above captioned litigation;
IT IS ORDERED that:
1. Plaintiffs’ motion to supplement the record (D.l. 138) has been made moot by
virtue ofthe court’s order of November 13, 2007 (D.l. 163), requiring the production of
the complete transcript of the deposition of Isaac M. Neuberger.
2. P|aintiffs’ motion for further relief (D.l. 153) is granted, as the court concludes
that defendants’ privilege log was not compiled with substantial justification. (E D.I.
158) Therefore, it is appropriate for defendants to pay plaintiffs their attorney fees and
expenses related to their motion to compel, pursuant to Fed. R. Civ. P. 37(a)(5)(A), and
to make both Arenson and Lamm available for further deposition in Delaware on
Monday, April 7, 2008 (unless the parties agree to a more convenient location and
date).
THEREFORE, IT IS FURTHER ORDERED that:
1. The court shall conduct a telephonic status conference on Thursday, April 3,
2008 at 3:00 p.m.. Plaintiffs’ counsel shall organize the telephone call.
2. On or before April 15, 2008, plaintiffs shall submit for the court’s review (with
copies to defendants) the underlying documentation for the attorney fees and costs

Case 1 :04-cv-01339-SLR Document 165 Filed O3/31/2008 Page 2 of 2
claimed by plaintiffs. Defendants may respond to such submission on or before May 9,
2008. Plaintiffs may reply to defendants’ submission on or before May 19, 2008.
United States gistrict Judge
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