Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01494-JJF Document 155 Filed O4/20/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
I
MAGTEN ASSET MANAGEMENT CORP. )
and LAW DEBENTURE TRUST COMPANY OF NEW )
YORK, )
Plaintiffs, )
v. ) Civil Action No. 04—l494—JJF
)
NORTHWESTERN CORPORATION, )
)
Defendant. )
)
)
MAGTEN ASSET MANAGEMENT CORP., )
)
Plaintiff, )
v. ) Civil Action No. 05-499-}.lF
)
MIKE J. HANSON and ERNIE J. KINDT, )
)
Defendants. )
)
DECLARATION OF BONNIE STEINGART
BONNIE STEINGART declares as follows:
1. I am an attorney and a member of the firm of Fried, Frank, Harris, Shriver
& Jacobson LLP, counsel to Magten Asset Management Corporation ("Magten") in
connection with the above captioned action. I submit this declaration (the "Declaration")
in support of the motion of Magten for a Protective Order With Respect to the Deposition
of Talton R. Embry (the "Motion").
2. Attached hereto as Exhibit l is a true and correct copy of a letter dated
April 3, 2007 from counsel for NorthWestern to counsel for Magten.
3. Attached hereto as Exhibit 2 is a true and correct copy of an e-mail dated
April 5, 2007 at 6:27 p.m. from counsel for Messrs. Hanson and Kindt to counsel for
NorthWestern and counsel for Magten.

Case 1 :04-cv-01494-JJF Document 155 Filed O4/20/2007 Page 2 of 4
4. Attached hereto as Exhibit 3 is a true and correct copy of an e—mail dated
April 10, 2007 at 4:07 p.m. from counsel for NorthWestern to counsel for Messrs.
Hanson and Kindt and counsel for Magten.
5. Attached hereto as Exhibit 4 is a true and correct copy of an e-mail dated
April 10, 2007 at 9:05 p.m. from counsel for Magten to counsel for NorthWestern and
counsel for Messrs. Hanson and Kindt.
6. Attached hereto as Exhibit 5 is a true and correct copy of a letter dated
April ll, 2007 from counsel for NorthWestern on behalf of itself and counsel for Messrs.
Hanson and Kindt to counsel for Magten.
7. Attached hereto as Exhibit 6 is a true and correct copy of an e-mail dated
April ll, 2007 at 9:19 p.m. from counsel for Magten to counsel for NorthWestern and
counsel for Messrs. Hanson and Kindt.
8. Attached hereto as Exhibit 7 is a true and correct copy of a Notice of
Deposition of Talton Embry, served on April ll, 2007 at 9:07 p.m.
9. Attached hereto as Exhibit 8 is a true and correct copy of an e-mail dated
April ll, 2007 at 9:26 p.m. from counsel for NorthWestern to counsel for Messrs.
Hanson and Kindt and counsel for Magten.
10. Attached hereto as Exhibit 9 is a true and correct copy of an e-mail dated
April 12, 2007 at 1 1:24 a.m. from counsel for Magtcn to counsel for NorthWestern and
counsel for Messrs. Hanson and Kindt.
ll. Attached hereto as Exhibit l0 is a true and correct copy of a letter dated
April 18, 2007 from counsel for Magten to counsel for NorthWestern and counsel for
Messrs. Hanson and Kindt.
12. On April 19, 2007, counsel for Messrs. Hanson and Kindt indicated that
they were unwilling to withdraw the Deposition Notice absent a comprehensive
agreement on numerous other outstanding scheduling issues, which Magten believed
were not capable of being definitively resolved immediately, especially since their
2

Case 1 :04-cv-01494-JJF Document 155 Filed O4/20/2007 Page 3 of 4
proposal would potentially require rescheduling the depositions of numerous third
parties. Counsel for Hanson and Kindt also indicated, contrary to their prior position,
that they demanded that Mr. Emb1y’s deposition had to take place p1·ior to May 2 — the
original discovery cut-off date.
13. In every scheduling discussion since at least the beginning of April,
counsel for all parties have recognized and agreed that it will be logistically necessary for
depositions to continue after May 2 and into the week of May 7.
I declare under the penalty of pe1jury under the laws of the United
States that the above statements are true and correct.
Dated: New York, New York
April 20, 2007
By'
Bonnie Stein an
584222
3

Case 1 :04-cv-01494-JJF Document 155 Filed O4/20/2007 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on this 20m day of April, 2007, I served by hand delivery and
electronic filing the DECLARATION OF BONNIE STEINGART, using CM/ECP which
will send notification of such iiling(s) to the following:
BY EMAIL AND HAND DELIVERY
Denise Seastone Kraft, Esquire Victoria Watson Counihan, Esquire
Edwards Angell Palmer & Dodge LLP Dennis A. Meloro, Esquire
919 North Market Street, 15th Floor Greenberg Traurig LLP
Wilmington, DE 19801 The Nemours Building
1007 North Orange Street, Suite 1200
Kathleen M. Miller, Esquire Wilmington, DE 19801
Smith Katzenstein & Furlow LLP
800 Delaware Avenue
P. O. Box 410
Wilmington, DE 19899
I also certify that, on this 20th day of April, 2007, I served the aforementioned
document, by e-mail and Federal Express, upon the following participants:
BY EMAIL AND FEDERAL EXPRESS
Stanley T. Kaleczyc, Esquire Steven J. Reisman, Esquire
Kimberly A. Beatty, Esquire Joseph D. Pizzurro, Esquire
Browning, Kaleczyc, Berry & Hoven, P.C. Nancy E. Delaney, Esquire
139 North Last Chance Gulch Miriam K. Harwood, Esquire
P.O. Box 1697 Curtis, Mallet-Prevost, Colt & Mosle
Helena, Mt 59624 LLP
101 Park Avenue
John V. Snellings, Esquire New York, New York 10178-0061
Amanda D. Darwin, Esquire
Nixon Peabody LLP
100 Summer Street
Boston, Massachusetts 02110—1832
{ Z ®‘c¤.Q,·.h_.
Dale R. Dubé (No. 2863)