Free Motion to Compel - District Court of Delaware - Delaware


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Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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Case 1 :04-cv-01336-SLR Document 31 -3 Filed 04/29/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: ) Chapter ll
)
TOUCH AMERICA HOLDINGS, INC., et al., ) Bk. No. O3-11915 (KJC)
)
Debtors. ) Jointly Administered
ENTECH LLC, )
) Adv. No. 0-4-52935 (KJC)
Plaintiff, )
)
OFFICIAL COMMITTEE OF UNSECURED )
CREDITORS, )
)
Plaintiff—Interven0r, )
)
v. ) C.A. No. 04-1336-SLR
)
WESTMORELAND COAL COMPANY, )
a Delaware corporation, and )
WESTMORELAND MINING LLC, )
a Delaware limited liability company, )
)
Defendants. )
ORDER
THIS __ day of , 2005, upon consideration of plaintiffs
Motion to Compel, together with all responses thereto, IT IS HEREBY ORDERED that
the Motion to Compel is GRANTED. Defendants are hereby ORDERED to:
(l) Produce, with five (5) business days from entry of this Order, all
responsive, non—privileged documents relating to:
(a) any valuation of the Companies] (Request for Production No. 9);
I Capitalized tenns used herein are used as defined in plaintiff s Opening Brief in support
of the Motion to Compel.
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Case 1:04-cv—01336—SLR Document 31-3 Filed 04/29/2005 Page 2 of 3
(b) any work performed by KPMG with respect to the Transaction
Financing Agreements (Request for Production No. 11);
(c) the accounting and tax treatment, methods, or procedures used by
Westmoreland with respect to the Companies from April 30, 2001 to the present day
(Request for Production No. 12);
(d) the minutes (including drafts) of or materials presented or provided
at, or notes taken by persons present at any meeting of the Westmoreland board of
directors at which there was any discussion or consideration of the Transaction, the
Objections, the Proof of Claim, the Indemnity Notices, the Financial Materials, the
Interim Financial Statements, or the Transaction Financing Agreements (Request for
Production No. 15);
(e) any opinion, expression of views, advice, or other communication
Westmoreland received relating to the Transaction, the Objections, the Proof of Claim,
the Indemnity Notices, the Financial Materials, the Interim Financial Statements, or the
Transaction Financing Agreements (Request for Production No. 16);
(f) any meetings or communications between Entech and
Westmoreland relating to the Transaction, the Objections, the Proof of Claim, the
Indemnity Notices, the Financial Materials, the Interim Financial Statements, or the
Transaction Financing Agreements (Request for Production No. 17);
(g) the Section 338(h)(l0) Election made by Westmoreland (Request
for Production No. 19);
(li) the files of Thomas S. Baita, Westmoreland’s Controller, relating
to the Transaction, the Objections, the Proof of Claim, the Indemnity Notices, the
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Case 1:04-cv—01336—SLR Document 31-3 Filed 04/29/2005 Page 3 of 3
Financial Materials, the Interim Financial Statements, or the Transaction Financing
Agreements (Request for Production No. 20);
(i) organizational charts that show the personnel in Westmoreland’s
Colorado Springs offices from 2000 to the present, and the personnel at Western Energy
Company and Northwestern Resources Inc. from April 30, 2001 to the present (Request
for Production No. 25); and
(j) setting forth or reflecting Westmoreland’s general document
retention policies and those with respect to electronic mail and other electronic data,
respectively, from 2000 to the present (Request for Production Nos. 26 and 27).
(2) Provide, with five (5) business days from entry of this Order, full and
complete responses to Interrogatory Nos. 6, 17, 18, and 20. To the extent that defendants
elect to respond by reference to business records pursuant to Federal Rule of Civil
Procedure 33(d), defendants shall produce any such business records within five (5)
business days from entry of this Order; and
(3) Pay plaintiff s reasonable costs and expenses, including attorneys’ fees,
incurred in connection with the Motion to Compel.

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