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

Case 1:04-cv-01282-JJF Document 108-2 Filed O4/07/2006 Page 1 014
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Case 1:04-cv-01282-JJF Document 108-2 Filed O4/07/2006 Page 2 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

AES PUERTO RICO, L.P., )
Plaintiff, 3
v. ) Civ. No. 04-1282-]]}*
ALSTOM POWER, INC., l
Defendant. l
)
DECLARATION OF DANIEL D. WILLIAMS
I, DANIEL D. WH,LIAMS, declare as follows:
1. I am an attorney at Williams & Connolly LLP and I represent AES Puerto Rico,
L.P. ("AES-PR") in the above-captioned matter.
2. On December 23, 2005, AES—PR served one interrogatory on ALSTOM. On
February 7, 2006, two weeks past due, ALSTOM responded to that interrogatory, and then
supplemented that response on the last day of fact discovery, March 10, 2006.
3. I have been informed that over 75% of the electronic documents that AES-PR
produced after December 30, 2005 deadline were based on the agreement between AES—PR and
ALSTOM to produce documents for individuals identified by the other party.
4. On January 16, 2006, AES—PR made available to ALSTOM for copy and
inspection 13 boxes of documents. The vast majority of those documents had nothing
whatsoever to do with AES—PR’s damages claims. Instead most of those boxes contained print·
outs and other compilations of Plant operating data.

Case 1:04-cv-01282-JJF Document 108-2 Filed O4/07/2006 Page 3 of 4
5. In preparing AES-PR’s corporate designee on damages, as AES—PR was required
to do under Fed. R. Civ. P. 30(b)(6), AES·PR concluded that its damages figures had changed
since its initial response to Interrogatory No. 10 and that a supplemental response was in order.
AES—PR worked diligently to provide a supplemental response to ALSTOM’s counsel prior to
the January 18, 2006 deposition.
6. Prior to ALSTOM’s filing of its motion for partial summary judgment, I asked
ALSTOM’s counsel to consent to a two-week extension of time for AES-PR to respond to
ALSTOM’s motion because AES—PR would be conducting expert depositions and defending
Ron McParland’s deposition during the same two week timeframe. ALSTOM refused to consent
to this request.
7. On February 1, 2006 and February 25, 2006, AES-PR received from ALSTOM a
combined total of over 45,000 electronic documents. ALSTOM’s February productions
comprised over 25% of ALSTOM’s total electronic document production. Thousands of these
documents involved witnesses that AES-PR had already deposed.
8. On March 3, 2006, I informed ALSTOM’s counsel that a small number of
recently-created documents would be available for copy and inspection at the AES-PR Plant on
March 8, 2006. On March 8, I received word from my office that ALSTOM’s counsel was
seeking to arrange pick—up of the documents. We agreed to have the copy service pick them up
at the Plant. When someone from the copy service had not arrived by close of business, my
assistant offered to have Plant personnel copy the documents and to have me deliver them by
hand to ALSTOM’s counsel in Puerto Rico on Friday, which was the first possible opportunity
for me to do so. I received the documents on the night of March 9 and delivered them to
ALSTOM’s counsel on March 10.
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Case 1:04-cv-01282-JJF Document 108-2 Filed O4/07/2006 Page 4 of 4
I declare under penalty of perjury that the foregoing is true and correct. Executed on this
7th day of April 2006, at Washington, D.C.
Daniel D. Williams _
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