Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv-01494-JJF Document 150-2 Filed O4/18/2007 Page 1 of 4

Case 1:04-cv-01494-JJF Document 150-2 Filed 04/18/2007 Page 2 of 4


)
MAGTEN ASSET MANAGEMENT CORP. )
and LAW DEBENTURE TRUST COMPANY OF NEW )
YORK, )
Plaintiffs, )
v. ) Civil Action No. 04-1494-JJF
)
NORTHWESTERN CORPORATION, )
)
Defendant. )

)
MAGTEN ASSET MANAGEMENT CORP., )
)
Plaintiff, )
v. ) Civil Action No. 05-499-JJF {
)
MIKE.l.HANSONandERNIEJ.KII )
Defendants. )

DE LARATI N OF BONNIE STEIN ART
Bonnie Steingart declares under penalty of perjury as follows:
l. I am a member of the bar of the United States District Court for the
Southem District of New York, admitted pro hac vice to the Bar of this Court, and a
member of 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 (the "Declaration") in support of Plaintiffs’
Memorandum of Law in Opposition to NorthWestem Corporation’s Emergency Cross
Motion Truncating the Briefing Schedule Under Local Rule 7.1.2 and Setting an
Immediate Telephonic Hearing and for an Order that Plaintiffs and Their Counsel
Immediately Comply With Their Obligations Pursuant to Paragraph 8 of the Stipulated
Protective Order of March 21, 2007.
2. Following receipt of the three letters written by counsel for NorthWestem

Case 1 :04-cv-01494-JJF Document 150-2 Filed 04/18/2007 Page 3 of 4
on April 5 and April l2 (See Pizzurro Decl. Exhs. 5-7) plaintiffs notified all persons
working on the matter of the assertion of privilege and that there should be no further use
or reference to such documents until the issue was resolved.
3. During the aftemoon of Friday, April 13, 2007, I spoke with Joseph
Pizzur·r0 and advised him that Plaintif`fs’ cotmsel was tiling an emergency motion to
determine whether the documents NorthWestem claimed were privileged and
inadvertently produced would be required to be retumed. I told him that we would
refrain from use of the material pending a resolution. I explained to Mr. Pizzurro that we
had asked for expedited treatment so that we could get a resolution prior to a number of
key depositions. I asked him whether he would join in our request to expedite and he
said he would consider it.
4. Later Mr. Pizzurro called me to ask if I would immediately retum all
documents Nor·thWestem had claimed were privileged and inadvertently produced. I
reminded Mr. Pizzurro that we were not using them and that we had made the emergency
motion. Mr. Pizzurro stated that nonetheless he was going to write to Special Master I
James.
5. I have been kept infomred of our document review process by my
colleagues who have overseen the process. I understand that we hired outside vendors to
determine the volume of illegible a.nd fractured Excel documents that we have received
from NorthWestern. According to the vendors, we possess over 3000 Excel spreadsheets
that have legibility problems. These documents total more than 300,000 pages.
6. While NorLhWestern indicated by email on April l0 that it would be
providing replacement disks of the relevant segments of its production with the
documents in dispute omitted (see Exhibit A to Plaintif`fs’ Motion, attaching that email to
counsel’s certificate), thus acknowledging that it was unreasonable for Plaintiffs to
surrender the original disks absent replacements, over a week has gone by, and no
replacement disks have been provided.
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Case 1:04-cv-01494-JJF Document 150-2 Filed O4/18/2007 Page 4 of 4
Datcd: New York, Ncw York
April 18, 2007
Bonnic ' g
$48891 `
3