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

Case1:O4—cv-01282-JJF Document 46-6 Fi|ed11/18/2005 Page1 0f3
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Case 1 :04-cv-01282-JJF Document 46-6 Filed 1 1/18/2005 Page 2 of 3
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A Professional Corporation
Ober, Kaler, Grimes & Shriver A“lh°'lY E vm°'i°
Attorneys at Law afvittoria@ober,c0m
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Baltimore, MD 21202-1643 Ma'Y|f’”d
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November 10, 2005
Jeb Boatman, Esq.
Williams & Connolly LLP
725 Twelfth Street, N.W.
Washington, D.C. 20005
Re: AES Puerto Rico, LP v. ALS TOM Power Inc.
Civil Action No. 04-1282-JJF
Dear J eb:
We are in receipt of your letter of November 8, 2005 regarding AES’s request to review
documents at ALSTOM’s headquarters in Windsor, Connecticut on November 17 and 18, 2005
and again on December 1 and 2, 2005.
As you know, in response to AES’s First Set of Document Requests, ALSTOM provided
AES with access to ALSTOM’s hard-copy documents in Windsor (the "Windsor Documents")
on May 19 and 20, 2005. In advance of that production, ALSTOM incurred thousands of dollars
of fees and costs in segregating the Windsor Documents produced to AES from the considerably
larger collection of documents relating to the Project from which this action arose. Indeed, in
denying AES’s motion to compel ALSTOM to produce these documents in a different form,
Judge Farnan recognized that ALSTOM had incurred these costs and approved the form of the
production.
By agreement of counsel, ALSTOM set aside two days in May, 2005 for AES to inspect
the Windsor Documents and had a member of this Firm’s staff travel to Windsor to ensure that
the production was complete and documents marked for copying would be timely copied and
provided to AES. At the first day of the production, however, AES apparently chose to review a
"sample of twelve boxes" and then left ALSTOM’s Windsor offices within several hours. Those
documents that AES did mark for copying were copied by an outside vendor and provided to
AES, as agreed.
Since the production ofthe Windsor Documents in May of 2005, ALSTOM has produced
to AES any and all additional responsive hard—copy documents it has located that are responsive
to AES’s Requests. As a result, there are no new documents located in Windsor, Connecticut
that are responsive to AES’s Requests that have not already been produced to AES.

Case 1:04-cv-01282-JJF Document 46-6 Filed 11/18/2005 Page 3 of 3
OBERIQALER
Jeb Boatman, Esquire
November 10, 2005
Page 2
ALSTOM has satisfied fully its obligations and does not intend to incur the additional
cost of reassembling the responsive Windsor Documents and making them available to AES for
a second time for what is now said to be a four-day inspection over the course of two separate
weeks.
If you have any questions regarding the foregoing, please contact me.
Sincerely,
Antho
AFV/tnj
cc: ALSTOM Power, Inc.
James E. Edwards, Jr., Esq.
Michael A. Schollaert, Esq.
776035.v2