Free Order - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 65 Filed 12/16/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
AES PUERTO RICO, L.P., *
Plaintiff *
v. * C.A. N0. O4—l282-JJF
ALSTOM POWER INC., *
Defendant. *
DISCOVERY DISPUTE RESOLUTION PLAN
WHEREAS, the Court held a discovery conference on December 7, 2005, and, by
an Order dated December 8, 2005, the Court issued a ruling on pending discovery
motions and directed AES Puerto Rico, L.P. ("AES-PR") and ALSTOM Power Inc.
("ALSTOM"), the parties, to submit a discovery dispute resolution plan by December 20,
2005; and
WHEREAS, at the Court’s direction, the parties met and conferred to resolve
areas of dispute;
NOW, THEREFORE, IT IS HEREBY ORDERED:
l. inadvertent Disclosure: In order to facilitate the timely exchange of
discovery, the parties will exchange documents with the understanding that inadvertent
production or disclosure of documents protected by the attomey-client privilege or work
product doctrine shall not constitute a waiver of such privilege or protection. Any such
inadvertently produced documents shall be retumed tothe pany producing them, and any
applicable privilege and protection shall be maintained.
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Case 1 :04-cv-01282-JJF Document 65 Filed 12/16/2005 Page 2 of 3
2. Expert Discovery:
The parties shall make disclosures with regard to expert witnesses under Rule
26(a)(2) on the following schedule:
(i) Plaintiff s Affirmative Disclosures: February 27, 2006
(ii) Defendanfs Answering Disclosures: March 20, 2006
(iii) Plaintiff` s Rebuttal Disclosures: April 3, 2006
Within three weeks of the submission of the Affirmative Disclosures, if any,
Defendant is entitled to depose each expert who submitted an Affirmative Disclosure.
Likewise, within three weeks of the submission of the Answering Disclosures, if any,
Plaintiff is entitled to depose each expert who submitted an Answering Disclosure.
Following the submission of the Rebuttal Disclosures, if any, Defendant is entitled to
take the deposition of each expert who has filed a Rebuttal Disclosure — as to the
Rebuittal Disclosure, solely — even if the expert’s deposition had previously been taken in
regard to an Affirmative Disclosure.
Such depositions shall be in addition to those authorized under Section I of the
Court‘s Rule I6 Scheduling Order entered on October 7, 2005.
3. Document Production: The parties shall make all responsive hard copy
and electronic documents available for production to the requesting party by December
30, 2005. In the interim, the parties shall, on an interim basis, make available for review
any documents that are assembled, reviewed, and ready for production prior to December
30, 2005.
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Case 1:04-cv-01282-JJF Document 65 Filed 12/16/2005 Page 3 of 3
4. Privilege Log: Each party shall produce its privilege log with regard to
hard copy and electronic document production to the opposing party on or before
December 30, 2005.
5. Answers to lnterrogatoriesz Pursuant t0 the agreement between
ALSTOM and AES-PR, ALSTOM shall limit its interrogatory in the manner in which it
agreed with AES-PR and AES-PR shall supplement its Answer to ALSTOM’s revised
lnterrogatory No. 2.
6. Hearing: The hearing currently scheduled tbr December 20, 2005 at
10:00 a.m. is canceled.
December 2005 ( CL""`·f···¤
Unit St tes Di tric dge
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