Free Motion for Scheduling Order - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 48 Filed 1 1/28/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, L.P., )
Plaintiff, i
v. ) C.A. No. 04-1282-JJF
ALSTOM POWER, INC., i
Defendant. i
_,_H_.____ .._._)
PLAINTIFF AES PUERTO RICO, L.P.’S MOTION
FOR CLARIFICATION OF SCHEDULING ORDER
Plaintiff AES Puerto Rico, L.P. ("AES-PR"), by undersigned counsel, respectfully
requests clarification from this Court of its October F, 2005 Scheduling Order.
In light of the highly technical nature of this dispute, testimony from expert
witnesses will play a significant role in the trial of this case. Both parties anticipate calling one
or more expert witnesses at trial. To ensure complete expert discovery, AES-PR has attempted
to work with counsel for Alstom Power, Inc. ("ALSTOM") to craft a joint stipulation asking for
clarification of two points in this Court’s October 7, 2005 Scheduling Order. Although
ALSTOM appears to agree with most of AES -PR’s proposal, for reasons that remain unclear it
has refused to agree to the relief AES-PR requests. See Correspondence (Tab A). Therefore,
AES—PR requests clarification of the following two items related to expert discovery.
First, the Order does not establish dates by which the parties must make the expert
disclosures required by Federal Rule of Civil Procedure 26(a)(2). To promote efficient discovery
and to allow the parties sufficient time to depose all experts in this matter, AES-PR requests that
this Court order all parties to make the expert disclosures and reports required by Federal Rule of
Civil Procedure 26(a)(2)(B) no later than February 27, 2006. AES-PR further requests that this

Case 1 :04-cv-01282-JJF Document 48 Filed 1 1/28/2005 Page 2 of 3
Court order all parties to serve reports "intended solely to contradict or rebut evidence on the
same subject matter identified by another party," Fed. R. Civ. Pro. 26(a)(2)(C), no later than
March 22, 2006, and that all parties take any depositions of experts within four weeks of service
ofthe expert reports.
Second, the Scheduling Order permits each party to depose seven witnesses and
to conduct three Rule 30(b)(6) depositions, but does not specify whether depositions of parties’
experts count toward those totals. AES-PR requests that this Court order that expert depositions
shall not count against the limitation in Paragraph l(b)(3) of this Court’s October T, 2005
Scheduling Order.
For the foregoing reasons, AES-PR respectfully requests that this Court issue the
above-mention_ed clarifications to its November T, 2005 Scheduling Order.
Respectfully submitted,
OF COUNSEL:
Dane H. Butswinkas fsf John S. Spadaro
R. Hackney Wicgmann John S. Spadaro (Bar No. 3155)
Daniel D. Williams MURPHY SPADA RO & LANDON
WILLIAMS & CONNOLLY LLP 101 I Centre Road, Suite 210
725 Twelfth Street, N.W. Wilmington, DE 19805
Washington, D.C. 20005 Tel. (302) 4?2-8100
Tel. (202) 434-5000 Fax (302) 422-8135
Fax (202) 434-5029
Dated: November 28, 2005 Attorneys for AES Puerto Rico, L,P
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Case 1:04-cv-01282-JJF Document 48 Filed 11/28/2005 Page 3 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
AES PUERTO RICO, L.P., )
)
Plaintiff, )
v. ) Civ. No. 04-1282JJF
)
ALSTOM POWER, INC., )
)
Defendant. )

NOTICE OF SERVICE
I hereby certify that on this date, I electronically tiled the foregoing document with the
Clerk of the Court using CM/'ECF which will send notification of such fi1ing(s) to the following:
Richard R. Wier, Jr.
Daniel W. Scialpi
1220 Market Street, Suite 600
Wilmington, DE 19801
Anthony F. Vittoria
James E. Edwards
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimire, MD 21202-1643
Respectfully submitted,
fsf John S. Sgadaro
John S. Spadaro, No. 3155
MURPHY SPADARO & LANDON
1011 Centre Road, Suite 210
Wilmington, DE 19805
Tel. (302) 472-8100
Fax (302) 472-8135
Dated: November 28, 2005 Attorneys for AES Puerto Rico, L.P.
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