Free Response to Motion - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 81-10 Filed O3/13/2006 Page1 of 4

Case 1:04-cv-01282-JJF Document 81-10 Filed 03/13/2006 Page 2 of 4
LAW OFFICES I
WILLIAMS 8 CONNOLLY LLP
725 TWELFTH STREET, N.W.
WASHINGTON, D. C. 20005·59OI EDWARD BENNETT WILLIAMS IIE>E¤.IE>EE>
DANIEL D. W/ILLIAMS PAUL R. <;0NNc>u.—r (19224978)
<2o2> 434-52633 (202) 434-5000
[email protected] FAX (202) 434-5029
February 24, 2006
VIA E-MAIL AND FIRST CLASS MAIL
James E. Edwards, Jr., Esquire
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimore, Maryland 212024643 I
Re: AES Puerto Rico, L.P. v. ALSTOM Power, Inc.
Dear J im:
On Tuesday of this week, I called you at the time we had agreed for our
regularly-scheduled discovery conference call, and you told me that you had
forgotten about the call and were not prepared to hold it then. You advised that you
would contact me the next morning to reschedule, but have failed to contact me
since then. In December, both parties represented to the Court that they would
participate in these regular conference calls as a means to resolve discovery
disputes without filing unnecessary motions to compel. It is imperative that
ALSTOM honor that commitment.
There are several issues as to which we need immediate responses
from ALSTOM which we had hoped to discuss at our conference call this week.
They are as follows:
1. Last week, your colleague Mr. Vittoria promised that he would inform
me “earIy [this] week” as to when ALSTOM intends to continue its 30(b)(6)
deposition on document collection issues. He has failed to do so. If ALSTOM
intends to continue this deposition, it must give us appropriate notice.

Case 1:04-cv-01282-JJF Document 81-10 Filed O3/13/2006 Page 3 of 4
WILLIAMS Es CONNOLLY LLP
James E. Edwards, Jr., Esquire
February 24, 2006
Page 2
2. On Tuesday, I informed you that Mr. Dyer cannot be available for
deposition on March 10, but that he can be available on March 9. You promised to
respond to me concerning rescheduling him for March 9, but you have not
responded. Unless we hear otherwise, we will assume that date is acceptable.
3. On Tuesday, I explained to you that ALSTOM’s proposed third 30(b)(6)
deposition of AES—PR contained far to many issues to qualify as a single deposition
and that it also violated the one-deposition—per—Witness rule. I requested that
ALSTOM significantly limit the topics and that, if it did so, we could consent to the
waiver of the one-deposition-per-witness rule. You said you would provide
ALSTOM’s response to my proposal, but you have not done so.
4. In response to AES-PR’s supplemental list of ALSTOM employees
whose responsive e—mails AES—PR requested that ALSTOM produce, by letter dated
January 17, 2006 you promised to produce e—mails for three ALSTOM employees.
To date, you have failed to do so. As you know, AES-PR responded to a similar list
from ALSTOM by producing additional e—mails before the end of January. From the
end of January until the present, in our periodic discovery conference calls you and
your co—counsel have stated that you would attempt to produce these e-mails “next
week." Indeed, you made that precise representation last week, but yet again, have
failed to do so. The time for fact discovery is now almost complete and we are being
forced to take depositions without the benefit of these clearly responsive and
relevant documents.
5. On February 7, 2006, over two weeks after the deadline, ALSTOM
provided a response to AES—PR’s Interrogatory No. 14, but the response was not
properly verified and was substantively deficient. By letter dated February 15,
2006, we requested a supplemental and properly verified response, but have not
heard back.
6. For months we have been seeking complete copies of ALSTOM’s
commissioning logs. Only last week, ALSTOM responded by providing an
incomplete photocopy of one of the logs, and we asked that it provide the missing
materials as soon as possible. ALSTOM has not done so.
Finally, please be aware that AES—PR has just determined that three
volumes of Water Treatment Handwritten Logs may not previously have been
produced. If ALSTOM does not have these three volumes and would like copies, we

Case 1:04-cv-01282-JJF Document 81-10 Filed O3/13/2006 Page 4 of 4
WILLIAMS a c.oNNoLLY up
James E. Edwards, Jr., Esquire
February 24, 2006
Page 3
can make them available at my office for your copy service to retrieve for copying at
YOUY COl'1V€I1l€I'1C€.
Sincerely,
D9 c 2/ ee
Kn .,
Daniel D. Williams
cc: Anthony Vittoria, Esq.
Michael Schollaert, Esq.