Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 87 Filed O3/23/2006 Pagei of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AES PUERTO RICO, L.I’., )
)
Plaintiff, )
v. ) Civ. N0. 04-1282-JJF
l
ALSTOM POWER, INC., )
)
Defendant. )
MWMM)
PLAINTIFF AES PUERTO RICO, L.P.'S MOTION AND SUPPORTING
MEMORANDUM TO FILE A SURREPLY IN OPPOSITION TO
DEFENDANT'S MOTION TO COMPEL "AESC.COM" EMAIL AND
ASSOCIATED ELECTRONIC DOCUMENTS
Plaintiff AES Puerto Rico, L.P ("AES·PR") hereby requests leave to tile
the attached Surreply (Exhibit 1) in order t0 address legal and factual arguments
raised by ALSTOM Power, Inc. ("ALSTOM"] for the first time in its Reply to
Plaintiffs Opposition to Motion to Compel Production of "AESCOM" E-mail and
Associated Electronic documents.
ARGUMENT
On February 22, 2006 ALSTOM filed its Motion to Compel Production
of "AESCCOM" Emails. AES—PR filed an opposition on March 10, 2006, and
ALSTONI filed a reply on March 17, 2006. ALSTOM's original eleven-page
rneinorandurn contained several factual allegations in support of ALSTOM's motion.
AES-PR's opposition addressed those factual allegations. ALSTOM’s ten-page reply
now raises new factual allegations in support of its motion. For example,

Case 1:04-cv-01282-JJF Document 87 Filed O3/23/2006 Page 2 of 4
AL-S'I`()l\¤1`s reply suggests an entirely new theory about how the AESC.co1n emails
may be relevant to their case. See Reply at 9—10 (suggesting now that the backup
tapes are relevant for events that occurred in late 2002). Local Rule 7.1.3 (c)(2)
states that "ltlhe party filing the opening brief shall not reserve material for the
reply brief which should have been included in a full and fair opening brief. . . "
Because ALSTOM reserved factual allegations and legal theories about the
relevance these "AESC.com" emails for its reply brief, and thereby deprived AES-PR
of an opportunity to respond, AES~PR respectfully requests leave to file the
attached surreply.
CONCLUSION
For the foregoing reasons, AES-PR respectfully requests that this
Con rt grant its motion to file the attached Surreply.
Respectfully submitted,
OF COUNSEL:
Dane H. Butsvvinkas fsf John S. Sgadaro
R. Hackney Wiegmann John S. Spadaro (Bar No. 3155)
Daniel D. Williams MURPHY SPADARO & LANDON
WILLIAMS & CONNOLLY LLP 1011 Centre Road, Suite 210
725 Twelfth Street, N,W. Wilmington, DE 19805
W'ashington, D.C. 20005 Tel. (302) 472-8100
Tel. (202) 434-5000 Fax (302) 472—8135
Fax (202) 434-5029
Dated: March 23, 2006 Attorneys for AES Puerto Rico, L.P.
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Case 1:04-cv-01282-JJF Document 87 Filed O3/23/2006 Page 3 of 4
CERTIFICATE PURSUANT TO LOCAL RULE 7.1.1
I hereby certify that prior to tiling this motion, on March 22, 2006, I
communicated via email with James Edwards, counsel for defendant ALSTOM. I
asked whether ALSTOM would agree to AES-PR's Motion to file a Surreply. Mr.
Edwards responded that ALSTOM could not agree to consent to this motien.
·| fr. {
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anies L. Tuxbury - I l
ttorney for Plaintiff AES Paerti Rico, LP
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Case 1:O4—cv-01282-JJF Document 87 Filed O3/23/2006 Page 4 of 4
CERTIFICATE OF SERVICE
On March 23, 2006, Plaintiff served Plaintii`f`AES Puerto Rico, L.P.’s
Motion and Supporting Memorandum to File a Surreply in Opposition to
l)efendant’s Motion to Compel “AESC.COM” Email and Associated Electronic
Documents by e-mail and first class mail, postage prepaid, on:
Richard R. Weir, Esq.
Daniel W. Scialpi, Esq.
Two Mill Road
Suite 200
Wilmington, Delaware 19805
and,
James E. Edwards, Esq.
Anthony Vittoria, Esq.
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimore, Maryland 21202-1643
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fsf Jo S. Spadaro
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