Free Motion for Sanctions - District Court of Delaware - Delaware

Case 1:04-cv—O1339-SLR Document 153-2 Filed 05/O4/2007 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE ALH HOLDINGS, LLC ) Consol. C.A. N0. 04-1339 — SLR
)
PROPOSED ORDER
ON PLAINTIFFS’ MOTION T0 COMPEL AND FOR SANCTIONS
WHEREAS, the Court granted Plaintiffs’ Motion to Compel the Class B
Parties to Produce Documents Claimed as Privileged or for In Camera Inspection and to
Continue Certain Depositions (D.I. 116, the "Motion");
WHEREAS, the Court reviewed a sample of the 36 documents submitted
for in camera inspection and concluded that they were not privileged;
IT IS HEREBY ORDERED THAT:
l. Defendants shall produce immediately the remainder of the
documents on their privilege log (D.I. 312, Ex. A) with the exception of (a) documents
solely between Lamm and his personal attorney Jay Lobell (b) documents dated after
January ll, 2004 for which a claim of work-product protection is asserted; and (c)
internal emails solely between Neuberger, other members of his firm and Moses Victor
Konig (i.e., Class B 5121-22).
2. Messrs. Arenson and Lamm shall sit for an additional two hours of
deposition testimony in Delaware on a date convenient to Plaintiffs’ counsel and no less
than two days before they are called as witnesses at trial;
3. Defendants shall pay Plaintiffs’ expenses and reasonable attorneys’
fees in connection with the Motion. If the parties cannot resolve the amount of fees and

Case 1:04-cv—O1339-SLR Document 153-2 Filed 05/O4/2007 Page 2 of 2
expenses amongst themselves, Plaintiffs’ counsel shall submit an affidavit stating their
fees and expenses in connection with the Motion and the Court shall award amounts in its
discretion.
4. The Pre-Trial Order (D.l. 146) is hereby amended to include the
issue of whether Plaintiffs’ are entitled to attorneys fees on the grounds that Defendants
prosecuted their counterclaims in bad faith.
United States District Court Judge
Sue L. Robinson