Free Motion to Strike - District Court of Delaware - Delaware

Case 1:O4—cv—O1282-JJF Document 148 Filed 10/O2/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
AES PUERTO RICO, L.P., )
)
Plaintiff, )
v. ) Civ. No. 04-1282-JJF
)
ALSTOM POWER, INC., )
)
Defendant. )

PLAINTIFF AES PUERTO RICO, L.P.’s MOTION TO STRIKE
ALSTOM POWER, INC.’S PROPOSED VOIR DIRE QUESTION NO. 2
Plaintiff AES Puerto Rico, L.P. (“AES-PR") objects to ALSTOM Power, Inc.’s
("ALSTOM") proposed Voir Dire Question No. 2 because it misleadingly suggests that AES-
PR’s ultimate parent company is located in a foreign country and neglects to mention that
ALSTOM Power, Inc. is a subsidiary of ALSTOM, a company headquartered in Paris that is
partially owned by the French government.
ALSTOM proposes the following voir dire question:
Do you, or any relative or close friend, have a personal acquaintance or do any
business with any of the parties to this case? The parties are AES Puerto Rico,
L.P., of Delaware and Puerto Rico and ALSTOM Power Inc. of Delaware and
Connecticut. The partners that compose AES Puerto Rico, L.P. are AES Puerto
_ Rico, Inc. of the Cayman Islands and AES Monroe Holdings, B.V. of the
Netherlands.
ALSTOM Proposed Voir Dire Question No. 2 (May I, 2006) (emphasis added). AES—PR
objects to the pan of the question that is underlined, as a gratuitous attempt to prejudice the jury
against AES—PR by portraying it as a foreign-owned company. ALSTOM’s tactic is particularly
egregious because it omits from its voir dire question ALSTOM’s own foreign ownership.

Case 1:O4—cv—O1282-JJF Document 148 Filed 10/O2/2006 Page 2 of 3
Although ALSTOM`s proposed voir dire question identifies AES—PR’s overseas partners,
it neglects to mention that those overseas partners are indirectly held wholly owned subsidiaries
of The AES Corporation, a Delaware corporation with its headquarters in Virginia.
Conversely, although ALSTOM requests that the Court highlight AES-PR’s foreign ties,
it purposefully ignores that ALSTOM Power, Inc. itself is a subsidiary of "ALSTOM" a
company headquartered in Paris that is partially owned by the French government. See Jarvis
Dep. 23-24 (Attached at Tab A).
AES—PR does not believe that either party’s corporate affiliation needs to be disclosed
during voir dire. However, if the Court is inclined to identify corporate affiliates during voir
dire, AES-PR respectfully requests that the Court explain that AES—PR’s ultimate parent
company is The AES Corporation of Delaware and Virginia, and that ALSTOM Power, Inc.’s
ultimate parent company is ALSTOM, a Paris, France-based company owned in part by the
French government.
Respectfully submitted,
OF COUNSEL:
Dane H. Butswinkas /s/ John S. Spadaro
R. Hackney Wiegmann John S. Spadaro (Bar No. 3155)
Daniel D. Williams MURPHY SPADARO & LANDON
Ann N. Sagerson 1011 Centre Road, Suite 210
James L. Tuxbury Wilmington, DE 19805
WILLIAMS & CONNOLLY LLP Tel. (302) 472-8100
725 Twelfth Street, N.W. Fax (302) 472-8135
Washington, D.C. 20005
Tel. (202) 434-5000
Fax (202) 434-5029
Dated: October 2, 2006 Attorneys for AES Puerto Rico, L.P.
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Case 1:O4—cv—O1282-JJF Document 148 Filed 10/O2/2006 Page 3 of 3
CERTIFICATE OF SERVICE
On October 2, 2006, Plaintiff served Plaintiff AES Pueno Rico, L.P.’s Motion to
Strike ALSTOM Power, 1nc.’s Proposed Voir Dire Question No. 2 by electronic filing and first
class mail, postage prepaid, on:
Richard R. Weir, Esq.
Daniel W. Scialpi, Esq.
Two Mill Road
Suite 200
Wilmington, Delaware 19806
and by e—mail and first class mail, postage prepaid, on:
James E. Edwards, Esq.
Anthony Vittoria, Esq.
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimore, Maryland 21202-1643
/s/ John S. Spadaro