Free Motion for Leave to File - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 1 19 Filed 04/19/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, L.P., )
Plaintiff, {
v. ) Civ. N0. 04-1282-]}}:
ALSTOM POWER, INC., g
Defendant. g

UNOPPOSED MOTION TO FILE A SURREPLY IN
OPPOSITION TO DEFENDANT'S MOTION FOR SAN CTIONS
Plaintiff AES Puerto Rico, L.P. ("AES—PR") hereby requests leave to file the
attached Surreply (Exhibit l) in order to address arguments raised by ALSTOM Power, Inc.
("ALSTOM") for the first time in its Reply to Plaintiff's Opposition to Motion for Sanctions.
ARGUIVIENT
On March 24, 2006, ALSTOM filed Defendant’s Motion for Sanctions and an
accompanying 26-page Memorandum. On April 7, 2006, AES—PR filed Plaintiff’s Opposition to
ALSTOM’s Motion for Sanctions. In response to AES—PR’s Opposition, on April 14, 2006,
ALSTOM filed a l7—page Reply to Plaintiff’s Opposition to ALSTOM’s Motion for Sanctions,
along with a l90—page supplemental appendix, that proffers an entirely new theory why sanctions
should be imposed — that AES—PR allegedly failed to produce documents ALSTOM received
from the Environmental Protection Agency in response to a Freedom of Information Act request.
Local Rule 7.l.3(c)(2) states that "[t]he party filing the opening brief shall not
reserve material for the reply brief which should have been included in a full and fair opening
brief . . Because ALSTOM raised a completely new theory for sanctions for the first time in

Case 1:O4—cv—O1282-JJF Document 119 Filed O4/19/2006 Page 2 of 3
its reply brief, and thereby deprived AES-PR of an opportunity to respond, AES-PR respectfully
requests leave to file the attached surreply. See Ex. 1.
CONCLUSION
For the foregoing reasons, AES-PR respectfully requests that this Court grant its
motion to file the attached surreply.
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
WHDLIAMS & CONNOLLY LLP 1011 Centre Road, Suite 210
725 Twelfth Street, N.W. Wilmington, DE 19805
Washington, D.C. 20005 Tel. (302) 472-8100
Tel. (202) 434-5000 Fax (302) 472-8135
Fax (202) 434-5029
Dated: April 19, 2006 Attorneys for AES Puerto Rico, L.P.
CERTIFICATE PURSUANT TO LOCAL RULE 7.1.1
I hereby certify that, prior to filing this motion, I asked ALSTOM’s counsel
whether ALSTOM would consent to this motion. ALSTOM’s counsel indicated that ALSTOM
does not object to AES-PR filing a surreply to ALSTOM’s Motion for Sanctions. Counsel for
ALSTOM further stated that "ALSTOM reserves the right to file a response to the Surreply if
necessary."
Daniel D. Williams
Attorney for Plaintiff AES Puerto Rico, LP
2

Case 1:O4—cv—O1282-JJF Document 119 Filed 04/19/2006 Page 3 of 3
CERTIFICATE OF SERVICE
On April 19, 2006, Plaintiff served Plaintiff AES Puerto Rico, L.P.’s Unopposed
Motion To File a Surreply in Opposition to Defendant's Motion for Sanctions by e-mail and first
class mail, postage prepaid, on:
Richard R. Wier, Esq.
Daniel W. Scialpi, Esq.
Two Mill Road
Suite 200
Wilmington, Delaware 19806
James E. Edwards, Esq.
Anthony Vittoria, Esq.
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimore, Maryland 21202-1643
/s/ John S. Spadaro