Free Order - District Court of Delaware - Delaware

Case 1:04-cv—O1256-JJF Document 67-2 Filed O1/25/2006 Paget of 2
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John E. James
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January 20, 2006
By Hand
The Honorable Joseph J. Farnan, Jr.
United States District Court Judge
United States District Court for the
District of Delaware
844 North King Street — Lock Box 27
Wilmington, DE 19801
RE: Magten Asset Management Corp. v. Hanson, et al.
Civil Action No.: 1:05-cv-00499-JJF
Magten Asset Mgt., et al. v. Northwestern Corp.
Civil Action No. : 1:04-cv-01494-JJF
Magten Asset Mgt. v. Paul Hastings Janofsky & Walker LLP
Civil Action No.: 1:04-cv-01256-JJF
Dear Judge Farnan:
Judge Poppiti, in his capacity as coordinator of the Court’s Special Master Panel
in patent cases, has referred the three above—referenced bankruptcy cases that are
pending in the District Court with the expectation that I would serve on an ad hoc
basis as a Special Master, with the Court’s approval, with respect to such motions in
those three cases as Your Honor would direct.
In connection with this prospective appointment, I advised Judge Poppiti, and I
am advising the Court now, that our firm has represented two parties in the
Northwestern Corp. bankruptcy cases, which are jointly administered and currently
pending in the Delaware Bankruptcy Court. One of the clients, Idaho Power
Company, had a small targeted interest in the bankruptcy case which was resolved
some time ago and would have no bearing on the referenced cases. The other client,
PPL Montana, PPL Corporation and PPL Energyplus LLC (collectively "PPL"), had
significant claims in the Northwestern bankruptcy case.
PPL entered into a settlement agreement with the Northwestern Corp., Debtors,
which was approved by the Delaware Bankruptcy Court and is of public record as part

Case 1:04-cv—O1256-JJF Document 67-2 Filed O1/25/2006 Page 2 of 2
The Honorable Joseph J. Farnan, Jr.
Page 2
J anua.ry 20, 2006
of the bankruptcy proceeding. Given the settlement, it is not presently anticipated
that our firm will have a need to provide further representation to PPL in the
Northwestern bankruptcy proceeding. Neither PPL, nor the engagement partner from
our firm involved in the representation of PPL, believes that, given the current posture,
there is any conflict that exists as it relates to any service that I would perform as
Special Master with respect to the three above-referenced actions and our
representation of PPL in the Northwestern bankruptcy proceeding. However, as a
matter of protocol, we thought it advisable that the Court disclose this representation
to the parties in the three ab0ve—referenced actions so that they are fully aware of our
firm’s involvement in the Northwestern bankruptcy proceeding.
If the parties in the three above-referenced actions do not have any objection to
my service as Special Master, then I look forward to directions from the Court as to the
services that the Court wishes me to perform as Special Master in these matters.
Respectfully,
{ ohn E. U’an1es
J EJ / cml
716146/04862