Free Redacted Document - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 158 Filed O4/20/2007 Page 1 of 4
IN TQE UNITED STATES DI§'I`RIQ[ COURT
FOR [HQ QLSTRICT OF DELAWARE
)
MAGTEN ASSET MANAGEMENT CORP, )
and LAW DEBENTURE TRUST COMPANY OF NEW )
YORK, )
Plaintiffs, )
v. ) Civil Action Nc. 04-l494—JJF
)
NORTHWESTERN CORPORATION, g PUBLI C VERSI ON
Defendant. )

)
MAGTEN ASSET MANAGEMENT CORP. )
J
PluintifQ )
v. ) Civil Action No. 05-499-JJF
)
MIKEJ. HANSON and ERNIE J. KINDT, g PUBLIC VERSION
Defendants. )

DECLARATION OF JOQN W. BREWER
JOHN W. BREWER declares as follows:
l. I am a member of the bar ofthe United States District Cotut for the
Southern District of New York, admitted pro hac vice to the Bar of this Court, and
Special Counsel with the firm of Fried, Frank, Harris, Shriver & Jacobson LLP, counsel
to Plaintiff Magten Asset Management Corporation ("Magten") in connection with the
above captioned action. I submit this declaration (thc "Declaration") in support of
Plaintift`s’ Emergency Motion Seeking Orders (A) Shortening the Briefing Schedule
Under Local Rule 7.1.2 and Setting a Hearing Date Before the Special Master; (B)
Determining Privilege Status efDecuments Northwestern Seeks to Recall Under Claim
of inadvertent Production and Privilege; (C) Compelling the Production ot`Non·
Privileged Documents; (D) Compelling the Production of Documents Produced in
Illegible Form; (E) Extending the Period for Completing Depositions; and (F) Assessing

Case 1 :04-cv-01494-JJF Document 158 Filed O4/20/2007 Page 2 of 4
Fees and Costs Against N orthWestern.
2. Attached hereto as Exhibit I is a true and correct copy of a Cease and
Desist Order dated March 7, 2007, issued bythe federal Securities and Exchange
Commission against defendant NorthWestern.
3. Attached hereto as Exhibit 2 is a true and correct copy of Responses and
Objections of Northwestern to Magten‘s Interrogatories, sewed on March 28. 2007.
4. Attached hereto as Exhibit 3 is a true and correct copy of pertinent pages
of a hearing transcript from a hearing held before Special Master John E. James on
January 29, 2007.
5. Attached hereto as Exhibit 4 is a true and correct copy of a letter dated
April 5, 2007 from counsel for Northwestem to counsel for Msgten.
6. Attached hereto as Exhibit 5 is a true and correct copy of an email sent at
10:57 p.m. on April 5, 2007 from counsel for NorthWestcrn transmitting Exhibit 4.
7. Attached hereto as Exhibit 6 is a true and correct copy of an email sent at
3:22 p.m. on April 5, 2007 from John Brewer, counsel for Magten, to defendants
counsel.
8. Attached hereto as Exhibit 7 is a true and correct copy of the Privilege Log
and accompanying Privilege Log Name References produced by counsel for
Northwestern on March 23, 2007.
9. Attached hereto as Exhibit 8 is a true and correct copy of a Supplemental
Privilege Log and accompanying Privilege Log Name References produced by counsel
for NorthWestern on April 5, 2007.
10. Attached hereto as Exhibit 9 is ri true and correct copy of a chart prepared
by counsel for Msgten regarding the documents referenced in counsel for
NorthWestem’s letter of April 5, 2007 (Exhibit 4).
ll. Attached hereto as Exhibit I0 is a true and correct copy of a letter dated
April ll, 2007 from counsel for Magten to eotursel for NorthWestem.
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Case 1 :04-cv-01494-JJF Document 158 Filed O4/20/2007 Page 3 of 4
12. Attached hereto as Exhibit ll is a true and correct copy of a letter dated
February 12, 2007 from counsel for NotthWestern.
13. Attached hereto as Exhibit 12 is a true and correct copy of a letter dated
March 23, 2007 from counsel for NorthWestern.
14. Attached hereto as Exhibit 13 is a true and correct copy of a letter dated
April 12, 2007 from counsel for Northwestern to counsel for Magten.
15. Attached hereto as Exhibit 14 is a true and correct copy of another letter
dated April 12, 2007 from counsel for Northwestern to counsel for Magten.
16. Attached hereto as Exhibit 15 is a true and correct copy of a letter dated
April l 1, 2007 from counsel for Northwestern to counsel for Magten.
17. Attached hereto as Exhibit 16 is a true and correct copy of a letter dated
April 9, 2007 from counsel for Northwestern to counsel for Magten.
18. Attached hereto as Exhibit 17 is a true and correct copy of a letter dated
March 14, 2007 from counsel for Magten to counsel for NorthWestern..
19. Attached hereto as Exhibit 18 is a true and correct redacted copy of a letter
dated March 29, 2007 from counsel for Magten to counsel for Northwestern.
20. Attached hereto as Exhibit 19 is a true and correct copy of a letter dated
April 5, 2007 from counsel for Magten to counsel for Northwestern.
21. Attached hereto as Exhibit 20 is a true and correct copy of a letter dated
April 10, 2007 from counsel for Magtcn to counsel for NorthWestem.
22. Attached hereto as Exhibit 21 is s true and correct copy of a letter dated
January 26, 2007 from counsel for Magten to counsel for Northwestern.
23. Attached hereto as Exhibit 22 is a true and correct copy of another letter
dated March 14, 2007 from counsel for Magten to counsel for Northwestern.
24. Attached hereto as Exhibit 23 is a true and correct copy of s letter dated
March 19, 2007 from counsel for Magten to counsel for NorthWestem.
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Case 1 :04-cv-01494-JJF Document 158 Filed O4/20/2007 Page 4 of 4
25. Attached hereto es Exhibit 24 is a true and correct copy of s letter dated
Merch 28, 2007 from counsel for Magten to counsel for NorthWestem.
26. Attached hereto as Exhibit 25 is at true and correct copy of s letter dated
March 30, 2007, from counsel for Mngten to counsel for Northwestem.
27. Attached hereto as Exhibit 26 is e true and correct copy of another letter
dated April ll, 2007 from counsel for Magten to counsel to NorthWesterrz.
I declare under the penalty of perjury under the laws ofthe United
States that the above statements ore true and correct.
Deted: New York, New York
April 13, 2007
By:
wohn W. Brewer
scam
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