Free Letter - District Court of Delaware - Delaware

Case 1 :04-cv-01282-JJF Document 104 Filed O3/30/2006 Page 1 of 2
RICHARD R. WIER, ]R., P.A.
ATTORNEY AT LAW
RICHARD R' WIER’ JR} TWO MILL ROAD, SUITE 200 (302) 8886222
I t WILMINGTON, DELAWARE 19806 FAX (302) sss-3225
DANIEL W. scIALI>I _
WWW.Wl0Yl3W·C(Um
[email protected]
*ALSO ADMITTED IN PA [email protected]
March 30, 2006
VIA CM/ECF
The Honorable Joseph J. Farnan, Jr.
United States District Court for the E
District of Delaware
844 North King Street
Wilmington, Delaware 19801
Re: AES Puerto Rico, L.P. v. ALSTOM Power Inc.
Q Case No. 04-1282 JJF M
Dear Judge F arnan:
Together with attorneys from Ober|Kaler, who have been admitted in this case pro haze
vice, we represent ALSTOM Power Inc., the defendant. This letter is prompted by the recent
filings of both parties and is for the purpose of requesting that the Court convene a
status/ scheduling conference, which we believe will aid in the disposition of many open issues as
the parties prepare for a May 22, 2006 trial in this matter.
Within the last month, ALSTOM has tiled three discovery motions. Two of these are
Motions to Compel the production of electronic from AES Puerto Rico, L.P., the plaintiff.
ALSTOM tiled these motions on February 22 and 23, 2006, and these motions have been fully
briefed by both parties.
More recently, on March 24, 2006, ALSTOM filed a Motion for Sanctions arising from
what ALSTOM believes is a pattern of improper discovery tactics. On March 24, 2006,
ALSTOM also tiled a Motion for Partial Summary Judgment. Response to both of those motions
are due to be filed with the Court on Friday, April 7, 2006.
Further, disputes have arisen between the parties with respect to expert witness
depositions. In response to Notices of Depositions served by ALSTOM, AES has tiled a Motion

Case 1:O4—cv—O1282-JJF Document 104 Filed O3/30/2006 Page 2 of 2
The Honorable Joseph J. Faman, Jr.
S March 30, 2006 s
2 Page 2
for Protective Order seeking to preclude ALSTOM from taking the depositions of its experts. On
I Monday, April 3, 2006, ALSTOM intends to submit an Opposition to the Motion for Protective Q
Order and a Motion to Compel the appearance of the expert witnesses for deposition, ?
Under the Court’s Rule l6 Scheduling Order, the parties are scheduled to appear for a
Pre—Trial Conference on Thursday, May 4, 2006. Trial of this case to a jury is scheduled to
commence on Monday, May 22, 2006. In view of this extensive recent activity and the
upcoming May trial date, ALSTOM believes that a status/scheduling conference would be
helpful to the Court and the parties. We are, of course, providing opposing counsel a copy of this
letter. ln view of the time remaining before trial on the Cou1t’s schedule, we will contact AES’
local counsel, Mr. Spadaro, and invite him to join us in a call with the Court’s appointment C
secretary regarding the scheduling of such a conference should the Court determine that
appropriate.
We appreciate your consideration of this matter. i
j l
Respectfully yours,
/s/ Daniel W. Scialpi
Daniel W. Scialpi
cc: ALSTOM Power lnc.
James E. Edwards, Jr., Esquire (via facsimile)
a John S. Spadaro, Esquire (via e—mail) J
Daniel D. Williams, Esquire (via facsimile)