Free Motion to Compel - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 118-9 Filed O4/17/2006 Page 1 of 3
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Case 1:04-cv-01282-JJF Document 118-9 Filed 04/17/2006 Page 2 of 3
LAW OFFICES
WILLIAMS 8 CONNOLLY LLP
725 TWELFTH STREET, Nw.
WASHINGTON, D. C. 20005-590l z¤w.•.1u> nzwwsrr wmruxms cnezoosmey
D· PAUL IL CONNOLLY 09224978)
(202) 434-5263 (202) 434-5000
» [email protected] FAX (202) 434_5O29
April 3, 2006
VIA E-MAIL AND FIRST-CLASS MAIL
James E. Edwards, Jr., Esquire
Ober, Kaler, Grimes & Shriver
120 East Baltimore Street
Baltimore, Maryland 21202-1643
Re: AES Puerto Rico, L.P. v. ALSTOM Power, Ing;
Dear Jim:
Your letter from earlier today states that you refuse to produce the
documents of the experts retained by Ober Kaler for purposes of this litigation
because the subpoenas requesting them were issued out of the U.S. District Court
for the District of Delaware and the subpoenas were sent to you — the person who
retained these experts -— rather than being served by process server on the experts.
Having submitted reports for litigation pending in the U.S. District Court for the
District of Delaware, it strikes me as odd for you to take the position that that _
Court has no jurisdiction over these experts. We listed the place of production as
_ your office in Maryland as a courtesy to you, but if you would prefer to produce the V
D U documents at the offices of AES-PR’s Delaware counsel in Wilmington, that will ` ‘
n acceptable as long as production is made sufficiently in advance of the depositions.
I Moreover, these documents are called for, not only by the subpoena,
but by AES-PR’s document requests served on ALSTOM over a year ago on March
7, 2005. Those document requests specifically request documents from “any agents
{ acting on behalf of” ALSTOM. See Plaintiff s First Setof Document Requests at 2
v_ (1 e). AES-PR’s specific document requests include, e.g., "All documents relating to
AES-PR’s warranty claim concerning the Plant’s ESP” and "All documents relating
. to the Plant’s ESP.” See Reqs. 9-10. AES·PR is producing its experts’ documents to
g I ALSTOM on the basis of ALSTOM’s document requests to AES-PR, and ALSTOM
i must do the same. q

Case 1:04-cv-01282-JJF Document 118-9 Filed O4/17/2006 Page 3 of 3 A
WILUAMS 8 CONNOLLY LLP
James E. Edwards, Jr., Esquire
April 3, 2006
Page 2
Please confirm as soon as possible whether, even in light of the above,
ALSTOM is persisting in its refusal to produce its experts’ documents in advance of
its experts’ depositions. It is customary for parties to work collaboratively and
informally to arrange exchange of expert materials before the depositions of the
experts. I am certainly willing to accommodate your needs in terms of timing and
location of production as long as ALSTOM can make the documents available so
that they can be reviewed in advance of the depositions. Please let me know how
P ·~<~=we can reach a mutually agreeable production of these materials.
Sincerely,
J Daniel D. Williams L