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

Case 1:04-cv-01282-JJF Document 108-9 Filed O4/07/2006 Page 1 014
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Case 1:04-cv-01282-JJF Document 108-9 Filed O4/07/2006 Page 2 of 4
LAW OFFICES
WHLIAMS E3 CONNOLLY LLP
725 TWELETH STREET, NW.
EDWARD BEIQNETT WILLIAMS (19204988)
PAUL R CONNOLLY(1922-1978)
(202) 434-52e3 (202) 434-5000
[email protected] FAX (202) 434_5O29
January 24, 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, Inc;
Dear J im:
Thank you for your letter concerning additional ALSTOM employees
from whom AES—PR has requested electronic documents. I appreciate your
willingness to search for and produce the electronic documents for Mr. Bulewich,
Mr. Campbell, and Mr. Francis. As for the seven additional persons AES—PR
identified, while reserving the right to move to compel production of their electronic
documents in the future, we are willing to table this request until after we have had
an opportunity to review the additional electronic documents ALSTOM has agreed
to produce. Last week we sent you electronic documents for seven of the persons
ALSTOM identified in its request to AES-PR for additional electronic documents.
We will respond shortly with our position with respect to the remaining persons
ALSTOM identified.
We have a number of pressing open discovery issues that I hope we can
resolve quickly. Below I list them, and I suggest that we review them on our next
bi-weekly discovery conference call.
1) We are waiting to receive electronic documents for the three
individuals identified above, as well as for Mr. Barber. Please advise when we can
expect to receive these documents.

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WILLIAMS 8 CONNOLLY LLP
James E. Edwards, Jr., Esquire
January 24, 2006
Page 2
2) We have not yet received ALSTOlVI’s electronic privilege log. Please
advise when we can expect to receive it.
3) Mr. Gabrielli testified at his deposition that he had responsive paper
and electronic documents that he had not produced in this litigation. On January
13, 2006, I wrote to Tony Vittoria to request them, but I have not received a
response. Please advise when we can expect to receive Mr. Gabrielli’s documents.
4) During his deposition, Mr. Gabrielli testified that he had written an
e—mail concerning the inadequacy of Altran’s September 2004 report about the AES-
PR ESP corrosion, and he said he believed he had retained a copy of the e-mail. You
may recall that, when we met at your offices in December, I specifically asked if
such a document existed, and Mr. Vittoria later informed me that he had confirmed
that all of Mr. Gabrielli’s responsive documents had been produced. At Mr.
Gabrielli’s deposition, when Mr. Gabrielli testified that he had exactly the e—mail I
had previously inquired about (but which was not among the documents ALSTOM
had produced), I asked him to produce it then and there so that I could question him
about it. Mr. Vittoria refused to allow Mr. Gabrielli to do so, but Mr. Vittoria then
turned the e-mail over to me the next day. In light of the foregoing, we request that
ALSTOM stipulate that the document, a copy of which is enclosed with this letter,
is an authentic copy of an e—mail that Mr. Gabrielli wrote to William Jarvis on or
about September 13, 2004 providing Mr. Gabrielli’s professional assessment of the
September 2004 Altran report on the corrosion in AES-PR’s ESPs.
5) Your letter of last week says that ALSTOM has not yet been able to
confirm whether there is an ALSTOM control room log post-dating September 21,
2002 and that, in any event, it has not yet located such a log. When reviewing
ALSTOlVI’s paper documents in Windsor, in Box No. P-00119, we found a 29-page
excerpt of the log under a fax cover page from “Abigail" to Gary Mattice. A copy of
the cover page is enclosed. The pages attached to the fax cover are numbered non-
contiguously from pages 97 through 152, and the date-range for the faxed excerpts
begins with October 26, 2002, thus it is clear that this log existed at some point.
Please confirm for us whether ALSTOM is able to locate this log.
6) On January 9, 2006, I wrote to Mr. Vittoria concerning deficiencies we
have identified with ALSTOlVI’s hard—copy document privilege log'. I requested that
ALSTOM either produce specified documents or explain its basis for refusing to do
so. I have not received a response to that letter.

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WILLIAMS E5 CONNOLLY LLP
James E. Edwards, Jr., Esquire
January 24, 2006
Page 3
7) ALSTOlVI’s response to AES-PR’s lnterrogatory No. 14 was due on
January 23, 2006, but we have not received it and no notice of service has been filed
with the Court.
By my calculation, our next discovery conference call should take place
this week. If it would be possible for us to schedule the teleconference for
Wednesday, please e—mail me as to your availability. Otherwise, because I will be
out of the office on Thursday and most of Friday, I suggest we have the conference
call early next week.
Sincerely,
BMUJVQI D. wccéuwixp
Daniel D. Williams
Enclosures
cc: Anthony Vittoria, Esquire (via e—mail)
Michael Schollaert, Esquire (via e—mail)