Free Motion for Sanctions - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF

Document 93-3

Filed 03/24/2006

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AES PUERTO RICO, L.P., Plaintiff, v. ALSTOM POWER INC., Defendant. * * * * * * * * * * * * * DEFENDANT'S MOTION FOR SANCTIONS * * * C.A. No. 04-1282-JJF

NOW COMES Defendant, ALSTOM Power Inc., by and through counsel and pursuant to Fed. R. Civ. P. 37(b)(2), seeking that sanctions be ordered against Plaintiff, AES Puerto Rico, L.P. ("AES"). In support of its motion, Defendant relies upon and incorporates its Memorandum in Support of Defendant's Motion for Sanctions. WHEREFORE, Defendant respectfully requests that the Court enter an Order that AES is barred from presenting any evidence relating to its claim for the cost of any enacted or proposed water system changes, other than the reverse osmosis system, but including boiler water reinjection or a brine-concentrator/crystallizer system, and that AES's Supplemental Answers to ALSTOM's Second Set of Interrogatories are stricken. IN THE ALTERNATIVE, ALSTOM requests that the Court enter an Order: (i) reopening discovery for the purpose of resuming the damages deposition and the liability deposition in the United States and directing AES to reimburse ALSTOM the costs and legal fees incurred in preparing for and continuing those depositions; (ii) granting ALSTOM leave to supplement its expert reports and its motion for partial summary judgment, if necessary, based on the testimony at those depositions; (iii) awarding ALSTOM the attorney's fees and costs

Case 1:04-cv-01282-JJF

Document 93-3

Filed 03/24/2006

Page 2 of 2

incurred in preparing this motion; and (iv) granting any further relief deemed appropriate by that Court.

Respectfully submitted,

/s/ Daniel W. Scialpi Richard R. Wier, Jr. (#716) Daniel W. Scialpi (#4146) RICHARD R. WIER, JR., P.A. Two Mill Road Suite 200 Wilmington, DE 19801 (302) 888-3222 [email protected]

James E. Edwards, Jr. Anthony F. Vittoria Michael A. Schollaert OBER, KALER, GRIMES & SHRIVER A Professional Corporation 120 East Baltimore Street Baltimore, Maryland 21202-1643 Phone: (410) 685-1120 Fax: (410) 547-0699

March 24, 2006

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