Free Motion to Compel - District Court of Delaware - Delaware

Case 1:04-cv-01282-JJF Document 118-5 Filed O4/17/2006 Page 1 of 3
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· Case 1:04-cv-012825JJF Document 118-5 Filed 04/17/2006 Page 2 of 3
oBER|KArER
A Professional Corporation
Uber. Kaler. Grimes & Shriver A“lh°'lY E vmma
Attorneys at Law [email protected]
410-247-7692
120 East Baltimore Street °m°°$ In
Bairimore, M0 21202-1643 Maryland
410-685-1120 /Fax 41 0-547-0699 Waahmtvn. D-0
vvww,0ber.c0m V"9'“'a
November 8, 2005
VIA FACSIMILE AND FIRST-CLASS MAIL ‘
Daniel D. ‘vVilliarns,-Esquire
Williams & Cormolly LLP
725 Twelfth Street, N.W.
Washington, D.C. 20005
Re: AES Puerto Rico, LP v. ALS T OM Power Inc.
Civil Action N0. 04-1282-JJF 1
Dear Dan:
I am writing in regard to AES’s Subpoena Duces T ecum to Altran Corporation ("Altran")
and your letter of October 28, 2005 to Michael Schollaert regarding that Subpoena. -
ALSTOM engaged Altran effective October 4, 2005 to assist Ober|Kaler in the defense of
AES’s claims in this litigation. At this time, Altran is serving as a consulting expert, as
contemplated by Rule 26(b)(4)(B) of the Federal Rules of Civil Procedure. As such, all of the
information and doctunents created by Altran or exchanged between Altran and ALSTOM after
October 4, 2005 are protected by the attorney work product doctrine and, to the extent
applicable, the attorney—client privilege. (This category of documents will be referred to as the
"Work Product Documents?) Accordingly, neither ALSTOM nor Altran will be producing any
ofthe Work Product Documents at this time.
Prior to October 4, 2005, Altran had been retained by Liberty Bond Services ("Liberty”)
to assist in potential litigation relating to the corrosion of the ESP internals at the Guayama,
Puerto Rico Project. Effective October 28, 2004, ALSTOM and Liberty entered into a Joint
Defense Agreement relating to AES’s claims against ALSTOM for the corrosion of the ESP
internals. Accordingly, all information and documents created by Altran or exchanged between
ALSTOM, Liberty, and/or Altran after October 28, 2004 are protected by the attorney work
product doctrine and,to the extent applicable, the attorney-client privilege. (This category of
(documents will be referred, to as the "Joint Defense Doctunents.") Accordingly, neither
ALSTOM or Altran will be producing any of the Joint Defense*Documents_at this time.

- · Case 1:04-cv-01282-JJF Document 118-5 Filed 04/17/2006 Page 3 of 3
oBER|xArER
A Professional Corporation
Daniel D. Williams, Esquire
November 8, 2005
Page 2
While analyzing the facts relating to the production of this material, ALSTOM originally
withheld from production certain documents that had been exchanged between ALSTOM and
Liberty prior to October 28, 2004 relating to the corrosion analysis work performed by Altran.
Based on its analysis, ALSTOM will, at this time, produce this category of documents in
response to AES’s First Request for Production of Documents. Likewise, we are advised that
Altran will, at this time, produce this category of documents in response to AES’s Subpoena
Duces Tecum.
In addition, if and when ALSTOM determines that one or more of Altran’s employees or
agents will be called to testify as an expert witness in this matter, ALSTOM and Altran will _
produce additional documents from the Work Product Documents and the Joint Defense
Documents in accordance with the schedule set forth in the Federal Rules of Civil Procedure.
Sincerely,
\j
Anthony F. ria
AFV:
J cc: James E. Edwards, Jr., Esquire
Michael A. Schollaert, Esquire `
Kevin S. Corwin, Esquire
Arv
775951