Free Letter - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 34 Filed 12/19/2005 Page1 of 3
Greenberg
I
Traurig
December 19, 2005
VIA HAND DELIVERY
'l`he Honorable Joseph J. Farnan, Jr.
United States District Court
District of Delaware
Stl`€€lQ »..s.·tr~1v
Wilmington, DE 19301 r____,_M_)___V
Re: In re Nort!1Western Corporation i"m`Nii`
Magten Asset Management Corp. v. Northwestern Corp., “""‘ ·‘'‘
Civil ACti0Il N0. 04-1494-JJF H Dear Judge Farnan: {Mw
L?.i`·.-.AS
This firm is co-counsel for NorthWestern Corporation ("NorthWestern"), along ¤=tt»=·»··-at
with the firm of Curtis, Mallet-Prevost, Colt & Mosle, in the above-referenced action, No. 04- ,_,,,,.,.,.,
1494-JJF (the "NorthWestern Action").
i-(Jill iAUl)PI{i],»’\l_-
We write in response to the letter dated December 16, 2005 sent to Your Honor *·*·¤·'-'$1*¤·=
by counsel for plaintiff Magten Asset Management Corporation (‘“Magten"). its -.,-ms
First, we would like to report to the Court on the mediation efforts that the parties mi`NCiiii
engaged in pursuant to Your Honor’s Order of October 27, 2005. As we previously advised the *"*“"
Court, the parties selected Alan Miller, Esq. of Weil, Gotshal & Manges LLP to serve as ata-
Mediator, and NorthWestern agreed to bear the costs ofthe mediator’s fees and expenses. On H_,_,_|
behalf of all the patties to the mediation, and after consultations with them, NorthWestern _. H W
undertook to provide extensive documentary background material to Mr. Miller concerning the '``` ”“"
several pending litigations between Magten, NorthWestern, and related parties. On November *>t»¤*~*¤L ¢‘<¤·~~"t‘-ra
28, 2005, the parties submitted their Confidential Mediation Statements to the mediator. After ;-_.t.,tNi>.-..»
reviewing the documents and parties’ submissions, Mr. Miller held a pre-mediation meeting with PH __wH_f__
counsel only in attendance on December 1, 2005. Subsequently, all parties and their counsel l
attended the mediation in New York on December 13, 2005. Despite NorthWestern’s good faith '°“°'L°`“
efforts, the parties failed to reach a settlement via mediation. we
Magten now writes to the Court seeking the immediate commencement of full-
scale discovery in the NorthWestern Action and Magten’s two related actions against S`“""N “"LL"
NorthWestern’s counsel, Paul Hastings Janofsky & Walker, LLP (Civil Action No. 04-1256- 1-·**-—-¤*‘-wtf
JJF), and certain of NorthWestern’s officers and directors (Civil Action No. 05-0499-JJF). t-an--;--~
Magten has requested that the Court direct the parties to provide initial Disclosures by January 5, - mm CORN
2006, and has submitted two proposed Orders to the Court, seeking consolidation of the actions
for purposes of discovery, the appointment of a Special Master, and a protocol for the handling "“`”"1'"`*'"" '“‘
of discovery disputes. However, Magten objects to the Court’s proposed selection of Louie C. wrt- tm-· Boca
Bcchtle to serve as Special Master.
1]ree¤1bergTra·.nrig, Q_. 9 lixttrirnevs at Q avi- [ the Ne···o·.irs Huijtling I `U0? Nortli Oiar1gtr5tr‘t&a!L [Suite 12001"·J·»’i.rt1irip,tt··n, DE 1513-01 ·t-·t-·u·‘·,··,··.gtlavv.-;‘:uni
on attest, i..t·;:ti·s i tat .»,·;2z.ss 1 .rsts-:- - ` ’

Case 1:04-cv-01494-JJF Document 34 Filed 12/19/2005 Page 2 of 3
The Honorable Joseph J. Farnan, Jr.
December 19, 2005
Page 2
with respect to the Special Master, Northwestern has no objection to the
appointment of Judge Bechtle. As we previously advised the Court, Northwestern does not
share Magten’s unspecified concerns that Judge Becthle’s prior service as mediator in certain
disputes between Northwestern and Magten creates any problem or conflict.
On the question of when discovery should commence and the extent to which
Initial Disclosures may be required, we respectfully submit that it is premature and inappropriate
for Magten to submit any proposed orders or to request that the Court fix any deadlines at this
time. The parties have not yet conducted the conference required under Federal Civil Procedure
Rule 26(f), which directs that the parties discuss and construct a plan for discovery, including
timing, the precise subject matter or issues on which discovery may be needed, and any
limitations that may be appropriate under the circumstances.
we will be in contact with counsel for Magten shortly to schedule the Rule 26(f)
conference. we propose that, within the I4-day period after the parties` conference, as
prescribed in Rule 26(D, the parties will provide the Court with a report of their proposed
discovery plan and any open issues that may require the Court’s intervention or assistance.
Thereafter, the Court may schedule a conference to address any such open issues, as
contemplated under Federal Civil Procedure Rule 16.
If Your Honor has any questions with regard to the foregoing, please feel free to
contact me or Joseph D. Pizzurro, Esq., 2I2-696-6196.
Respectfully submitted, ___
Dennis A. Meloro
Creorrirerg Iraurig, I IP

Case 1:04-cv-01494-JJF Document 34 Filed 12/19/2005 Page 3 of 3
ec: Clerk of Court (Via CMF)
Alan Miller, Esq. (Via E~Mail: [email protected])
Bonnie Steingart, Esq. (Via E—Mai1; [email protected])
Gary L. Kaplan, Esq. (Via E-Mail: 1·;aplaga@iriedti·anl<.co1n)
Alan Miller, Esq. (Via E-Mail: [email protected])
David A. Jenkins, Esq. (Via E-Mail: daj@skt`delaware.c0m)
Kathleen M. Miller, Esq. (Via E-Mail: [email protected])
Bijan Amini, Esq. (Via E-Mail: [email protected])
Neil B. Glassman, Esq. (Via E-Mail: [email protected])
Charlene D. Davis, Esq. (Via E·Mail: [email protected])
Adam G. Landis, Esq. (Via E-Mail: [email protected])
Robert J. Dehney, Esq. (Via E—Mail: [email protected])
Curtis S. Miller, Esq. (Via E-Mail; [email protected])
David L. Finger, Esq. (Via E-Mail: [email protected])
Jesse H. Austin, III, Esq. (Via E-Mail: jessaustin@paulhastingscom)
Karol K. Denniston, Esq. (Via E-Mail: [email protected])
Amanda Darwin, Esq. (Via E-Mail: [email protected])
John V. Snellings, Esq. (Via E-Mail: [email protected])
Alan W. Kornberg, Esq. (Via E-Mail: [email protected])
Margaret A. Phillips, Esq. (Via E-Mail: [email protected])
Stanley T. Kaleczyc, Esq. (Via E-Mail: [email protected])
Denise Seastone Kraft, Esq. (Via E-Mail: [email protected])
Paul Spagnoletti, Esq. (Wa E-Mail: [email protected])
Joseph D. Pizzurro, Esq. (Via E-Mail: [email protected])
Steven J. Reisman, Esq. (Via E—Mail: [email protected])
Miriam K. Harwood, Esq. (Via E·Mail: [email protected])
Office ofthe United States Trustee (Via Hand Delivery)
1Qr‘·:v·‘.lJvrg Irziirijg. LLP