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

Case 1:04-cv-01282-JJF Document 113-2 Filed O4/13/2006 Page 1 014
Ex. l

Case 1:04-cv-01282-JJF Document 113-2 Filed O4/13/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, L.P., )
Plaintiff, j
v. ) C.A. N0. 04-1282-JJF
ALSTOM POWER, INC., j
Defendant. j

PLAINTIFF AES PUERTO RICO, L.P.’S
RESPONSES AND OBJECTIONS TO ALSTOM POWER, INC.’S
FIRST SET OF REQUESTS FOR DOCUMENTS AND INSPECTION
Plaintiff AES Puerto Rico, L.P. (AES P.R.), by and through counsel, hereby responds and
objects to Defendant ALSTOM Power, Inc.’s First Set of Requests for Production and Inspection
("First Requests") as follows:
GENERAL OBJECTIONS
Plaintiff AES P.R. objects generally to the First Requests on the following grounds:
l. The majority of requests contained in the First Requests are overbroad on their
face and would require search for, and production oi documents not reasonably calculated to
lead to the discovery of admissible evidence.
2. AES P.R. objects to each request to the extent it seeks documents protected by the
attomey-client privilege, the attorney work—product doctrine, other applicable statutory or
common—law privileges, or calls for the production of documents AES P.R. has agreed to keep
confidential.
3. AES P.R. objects to each request to the extent it seeks to impose requirements
beyond those provided for in the Federal Rules of Civil Procedure or the Local Rules of this
Couit.
119895

Case 1:04-cv-01282-JJF Document 113-2 Filed O4/13/2006 Page 3 of 4
_ REQ QUEST 74: Any and all documents related to the Distributed Control System.
RESPONSE: AES P.R. objects to this request on the grounds that it is overly broad
and seeks information that is neither relevant nor reasonably calculated to lead to the discovery
of admissible evidence.
REQ QUEST 75: Any and all documents relating to the Plant Operating Data.
RESPONSE: AES P.R. objects to this request on the grounds that the definition of
the phrase "Plant Operating Data" is vague. AES P.R. also objects on the grounds that the
request is overbroad and unduly burdensome, and seeks information not relevant to the claims
and defenses at issue in this litigation.
REQ QUEST 76: All documents which were viewed by or prepared by any person who
may be called to testify as an expert witness at the trial of this case and all bibliographies,
resumes or curricula vitae regarding any such expert witness who may be called to testify at the
trial of this case.
RESPONSE: AES P.R. objects to this request on the grounds that production of the
requested information is premature and that the request seeks to impose obligations on AES P.R.
greater than are imposed by the Federal Rules of Civil Procedure and the Local Rules of this
Court. AES P.R. will provide the appropriate information pursuant to the Rules when required
by the Federal Rules of Civil Procedure, the Local Rules of this Court, and any scheduling order
entered by the Court.
REQ QUESTS FOR INSPECTION
REQUEST 1: Any components that were removed from the CDS and/or the ESP
equipment, including, but not limited to, any collector plates that were removed.
RESPONSE: In an April 15, 2005, letter, AES P.R. explained to ALSTOM that it
had removed parts of the ESP collector plates during the November 2003 and/or January 2004
119895 30

Case 1:04-cv-01282-JJF Document 113-2 Filed 04/13/2006 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, LP., )
)
Plaintiff, )
v. ) Civ. No. 04-1282-JJP
)
ALSTOM POWER, INC., )
)
Defendant. )

NOTICE OF SERVICE
On April 27, 2005, Plaintiff served Plaintiff s Responses and Objections to
ALSTOM Power, Inc.’s First Set of Requests for Documents and Inspection, along with a copy
of this Notice of Service, by hand delivery, as follows:
Richard R. Weir, Esq.
Daniel W. Scialpi, Esq.
1220 Market Street, Suite 600
Wilmington, DE 19801
and provided a copy by facsimile as follows:
James E. Edwards, Esq.
Anthony F. Vittoria, Esq.
Michael Schollaen, Esq.
Ober, Kaler, Grimes & Schriner
Fax; (410) 547-0699
Respectfully submitted,
/s/ John S. Spadaro
John S. Spadaro, Bar No. 3155
MURPHY SPADARO & LANDON
1011 Centre Road, Suite 210
Wilmington, DE 19805
Tel. (302) 472-8100
Fax (302) 472-8135
119895