Free Appendix - District Court of Delaware - Delaware

Case 1:04-cv—O1300-SLR Document 76-17 Filed O9/21/2006 Page 1 013
EXHIBIT I
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Case 1 :04-cv—O1300-SLR Document 76-17 Filed 09/21/2006 Page 2 of 3 .
Jonathan Fine
_ From: Dwight Bostwick I
Sent: Tuesday, August 22, 2006 6:46 PM
To: Stewart, Craig
Cc: Jonathan Fine; Abreu, Veronica; Mingolla, Joseph
Subiect: RE: documents
Importance: High
Craig —
My review of the infomation included in the "Intercompany Management Fee" charts and calculations attached
to the August 10th e-mail below raises a few urgent questions that I wish to discuss with you as soon as
possible. I’d like to discuss how Ethypharm can get sworn answers to certain questions relating to these
documents if necessary prior to to filing our opposition. (We have previously reserved Ethyphar1n’s right to ask ’
questions about these documents) ·
Before we can decide what, if anything, Ethypharm needs in terms of sworn statements or testimony in this F
area, I need to know as soon as possible whether the documents produced in the August 10th e-mail below are
all of the documents that exist relating to these intercompany management fees. Most urgently, and most
specifically, I ask you to provide Bentley’s response to the following questions:
(1) Why do the produced monthly intercompany management fee calculations end in December of 200l‘? I
assume that these monthly management fee calculations continued since the management contracts .
continued past this date yet Bentley did not produce anything beyond December of 2001. We need them
through December of 2003.
(2) Where are the specific documents or representations made to or filed with the Spanish or American I
authorities to obtain the tax benefits from these management fee arrangements? I assume these exist and
are easy to obtain from Bentley or Belmac’s tax attorneys. I am concerned that some or all of these
documents will be in Spanish and that Ethypharm will be further prejudiced by not having time to ,
translate and review these documents before having to respond to summary judgment. _
Thank you for your prompt attention to this matter. I emphasize that it is my design simply to get the
answers/documents in a form we can use as efficiently as possible so as not to prejudice my client. _
Dwight
From: Abreu, Veronica [mailto:[email protected]]
Sent: Thursday, August 10, 2006 5:11 PM
To: Jonathan Fine
Cc: Mingolla, Joseph; Field, Erin
Subject: documents
Dear Jonathan:
Attached please find the following Bate labeled .pdf documents: if
08
9/20/2006 A2

. Case 1 :04-cv-01300-SLR Document 76-17 Filed 09/21 /2006. Page 3 of 3 . .
1. BENTL035558-BENTL035623
2. BEL080371-BEL080417 Y
If you have any questions, please feel free to contact me.
Best, _ p
Veronica C. Abreu. Esq.
Edwards Angell Palmer & Dodge LLP
111 Huntington Avenue at Prudential Center 5
Boston, MA 02199-7613
Direct: 617-239-0750
Fax: 617-227-4420
[email protected] _
www.eapdlaw.com ,
Boston, Ft. Lauderdale, Hartford, New York, Providence, Short Hills, Stamford, West Palm Beach, Wilmington, London (Flepresentative office)
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marketing or recommending to another party any transaction or matter addressed herein.
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9/20/2006