Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 89 Filed O3/23/2006 Page 1 of 2
RICHARD R. WIER, JR., P.A.
ATTORNEY AT LAW
RICHARD R' WIER’ JR? TWO MILL ROAD, SUITE 200 (202) 0082222
·‘··‘ WILMINGTON, DELAWARE 19806 FAX (302) 0000225
DANIEL W. scIALI>I _
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[email protected]
ALSO ADMITTED IN PA [email protected]»m
March 23, 2006
Via CM/ECF
The Honorable Joseph J. Farnan, Jr.
United States District Court for the
District of Delaware
844 North King Street
Wilmington, Delaware 19801
Re: AES Puerto Rico, L.P. v. ALSTOM Power Inc.
Case No. 04-1282
Dear Judge Farnan:
We represent ALSTOM Power Inc., the defendant, in this case. This letter relates to two
discovery related motions filed by ALSTOM that are currently pending before the Court.
The motions in question are a Motion to Compel Production of "aesc.com" E—mail and
Associated Electronic Documents and a Second Motion to Compel Production of Electronic
Documents or, in the Alternative, for Sanctions. Both motions have been fully briefed by the
parties in accordance with the Local Rules of this Court, and are ready for the Court’s
consideration. It is our understanding that AES may seek leave of Court to file sur—replies to
those two motions, which ALSTOM opposes.
As the Motions relate to relevant documentation that AES has thus far failed or refused to
produce to ALSTOM, the earliest possible resolution of the motions is critical to limit the
prejudice suffered by ALSTOM, should the requested relief be granted. This is particularly true
where, as here, discovery has closed and trial is approximately 60 days away.
Finally, ALSTOM will be submitting to the Court tomorrow a third discovery related
motion based primarily on conduct that occurred during the last week of discovery and after the
motions referenced above had been tiled.

Case 1 :04-cv-01282-JJF Document 89 Filed O3/23/2006 Page 2 of 2 E
D We appreciate your consideration of this matter.
Respectfully yours, .
/s/ Daniel W. Scialpi
Daniel W. Scialpi
cc: John S. Spadaro, Esquire
Daniel D. Williams, Esquire
James E. Edwards, Esquire
Anthony F. Vittoria, Esquire
s Clerk ofthe Court s