Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF

Document 56-8

Filed 12/05/2005

Page 1 of 3

Tab G

Case 1:04-cv-01282-JJF

Document 56-8

Filed 12/05/2005

Page 2 of 3

LAW OFFICES

WILLIAMS 6 CONNOLLY LLP
725 TWELFTH STREET, N.W. ^ ,,,,-, r, TM , , , , , DANIEL D. WILLIAMS WASHINGTON, D. C. 20005-5901 EDWARD BENNETT WILLIAMS (192o.,9es> PAUL R CONNOLLY (,92S.1378>

(202) 434-5263
[email protected]

(202) 434-5000
^ {2Q2)
434 . 502g

November 4. 2005

VIA FACSIMILE AND FIRST CLASS MAIL Anthony F. Vittoria. Esquire Ober, Kaler, Grimes & Shriver 120 East Baltimore Street Baltimore, Maryland 21202-1643 Re: Dear Tony: I write concerning upcoming depositions in this matter. As a preliminary matter, you repeatedly have refused to provide any date by which Alstom will complete its production of the documents AES-PR requested in its March 1, 2005 document requests, even though I have explained that these documents are necessary in order to take complete depositions of Alstom witnesses. AES-PR, therefore, will begin the depositions of Alstom witnesses on the dates for which they have been noticed, but will reserve the right to continue the depositions if documents subsequently produced by Alstom prompt further questions. With respect to Frank Gabrielli's deposition on December 15, 2005, you requested that the deposition be held at Alstom's headquarters in Windsor. We are happy to accommodate your request. The deposition will be videotaped. Please provide me with instructions to provide to the court reporter and videographer for them to gain access to the Windsor headquarters. An amended notice of deposition is attached. With respect to the Rule 30(b)(6) deposition Alstom recently noticed, the date you propose is not feasible. We propose to make the witness available on AES Puerto Rico, L.P. v. ALSTOM Power, Inc.

Case 1:04-cv-01282-JJF
WILLIAMS & CONNOLLY LLP

Document 56-8

Filed 12/05/2005

Page 3 of 3

Anthony F. Vittoria. Esquire November 4. 2005 Page 2 December 13. 2005. If that date is not convenient, please call me to discuss a mutually agreeable date. Also, we would like to conduct the deposition at our office in Washington. D.C. Finally, enclosed please find notices of deposition for Alstom employees Karl Hogenfelt and Linda Rothe. If the dates proposed in the notices are not convenient, please let me know as soon as possible so that we can find mutually agreeable dates.

Sincerely.

Daniel D. Williams Enclosures