Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 33 Filed 12/16/2005 Page 1 of 2
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December 16, 2005
By CMF and Hand Delivegy
The Honorable Joseph J. Faman, Jr.
United States District Court
for the District of Delaware
844 King Street
Wilmington, DE 19801
Re: Magten Asset Management Cogp. {In re: NorthWestem Coggorationl
Dear Judge Faman:
As Your Honor is aware, Magten Asset Management Corporation ("Magten") is currently
before the Court as a party to numerous appeals and other actions arising from, or related to, the
chapter 11 case of Northwestem Corporation ("Northwestem"). Together with the law firm of
Blank Rome LLP, we serve as co-counsel to Magten in a number of the appeals and other actions
currently pending before the Cotut. As Your Honor may recall, during the status conference on
October 21, 2005, at NorthWestem’s request, the parties agreed to participate in a second
attempt at mediation. The mediation concluded on December 14, 2005 without a settlement. In
accordance with Your Honor’s directives at the October 21, 2005 hearing, we write to
respectfully request that Your Honor (i) enter an order substantially in the form attached hereto
as Exhibit A consolidating the litigations pending before this Court for discovery purposes and
directing that discovery in those actions begin immediately; and (ii) enter an order substantially
in the fonn attached hereto as Exhibit B appointing a Special Master to oversee the discovery
process.
During the status conference on October 21, 2005, this Court stated that discovery
should begin immediately and suggested that Judge Bechtel be appointed as a Special Master.
Although the parties have agreed that the appointment of a Special Master is appropriate, as set
forth in Magten’s letter dated October 25, 2005, Magten objects to the appointment of Judge
Bechtel because of his participation as a mediator in certain of the disputes between
Northwestem and Magten. Magten does, however, believe that a Special Master should be
appointed as soon as possible.
New York • Washington • Los Angeles • London • Paris
A Delaware Limited Liability Partnership

Case 1:04-cv-01494-JJF Document 33 Filed 12/16/2005 Page 2 of 2
FRIED. F • · K-. "" LP
The Honorable Joseph J. Faman, Jr. December 16, 2005
Page 2
We respectfirlly request that Your Honor set January 5, 2006, as the deadline for
submission of the disclosures pursuant to Rule 26 of the Federal Rules of Civil Procedure.
Simultaneously herewith, Magten has contacted counsel for the various defendants to schedule a
telephonic conference on December 22, 2005 to discuss these disclosures. Counsel is available
should Your Honor have any questions.
s ctfully s ,
onnie Stein¤ W
. - and -
Dale R. Dubé (#2863)
Elio Battista, Jr. (#3814)
BLANK ROME LLP
1201 Market Street, Suite 800
Wilmington, DE 19801
[email protected]
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