Free Motion to Compel - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 76-2 Filed O2/23/2006 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AES PUERTO RICO, L.P., :
Plaintiff,
v. C.A. No. 04-l 282 JJF
ALSTOM POWER TNC.,
Defendant.
ORDER
Upon consideration of the Motion to Compel Production of Electronic Documents, or, in
the Alternative, For Sanctions filed by ALSTOM Power Inc. ("ALSTOM"), any response thereto,
and any argument by the parties, IT IS HEREBY ORDERED THAT the Motion to Compel is
GRANTED; and
IT IS FURTHER ORDERED THAT Plaintiff produce, within 30 days and in the format
agreed to by Plaintiff (l) any and all responsive e-mail messages in its possession, custody, or
control; or, in the alternative, (2) the jury will be instructed at the trial of this case that AES failed
to preserve and produce relevant evidence and that the jury should draw a negative inference as
to the content of the missing e-mail messages, and (3) ALSTOM is awarded its attomeys’ fees
and costs in prosecuting this motion.
ORDERED, this ____ day of , 2006.

United States District Court for
The District of Delaware