IN `IHE UNITED STATES DIS I RIC `I UOIJRIII
FOR THE DIS`f`R.§(.` `I OF Dlil ¤\\Vr\R.l€.
In re: "ielegiohe Ciomrn or rn'- ) Chapter I I
} Jointly Adininistcred
Debtors )
__ ) Benkr Case No 02-I ISEB (MFW)
I
Telcgiobe USA Inc er nit )
I
Pitiintitif. }
I .
v ) Cir. Action No (14-l266 {SE R.)
)
i~?·C`E Inc, ef rt!. )
)
Detertdents )
DECLARATION OF PAIILINE. X. MORGAN
IN SUPPORT OF DEFENDAN"I"S“ MENI()RANDlil\’l
IN OPPOSITION TO PLA1NT¥FFS` MOT ION TO CZOI\'EPI£l,
Pauline K Morgan. pursuant to Ruie QOI I ot the Fcdcrzii Rules ol'Bzrnkruptcy Procedure
and 2,8 U..S C. § 1746. declares as follows:
I I um at member of the Bar ofthe State ol Delaware and :1 member ol the lirrn ol`
Young; Coriaway Stargaatt & Taylor, LLP, located at EOU0 West Street. l7th Floor, Wiirnington. Delaware,
attorneys for defendants BCE, inc {"BCE"), Michael I Iloychttk. Mart: A Bouchard, Serge Fortin.
Terence J. Jzxntuin, Stewart Verge. Jean C`. Monty. Réeliztrel I Cttrric. Ihomzis Kicrztns. Stephen I’.
Skinner. and Il Arnold Steinberg (the "Def`endants") i submit this declaration in support of the
DeIendaots` lvlemorundttm in Opposition to Piziintiits Motion to Coznpei Production ol` Documents
Wrongfblly Withhetd by De Iendants
2 Attached hereto as Exhibit I is ri true and correct copy oinu rneniorzindurn from
Michel Lzxiande to I4 indivirluttls regarding Teleglobe Doctirnent Retention and Gathering. dated Iune I2,
2002
3 Attached hereto as Exhibit 2 is at true and correct copy ot" :1 rnernorundum Irom
Mrebci Iuiunde to present and former directors ot" BCE. re_g;trtling Ielegiohe Document Coiiection dated
August 23. ZOIIZ
Case 1:04-cv-01266-SLR Document 84 Filed O3/O1/2005 Page 2 of 4
4 Attached ltcrcto as Exhibit 3 is :.t trttc and correct copy ol tl ntcmoirttndtini from
Micltet Lalande to 35 cniployccs and ofticers of BFE and its stihsitiiarics regarding lclcglohc §>ocurncnt
Collection. dated September i6, 2002
5. Attached hereto as Exhibit 4 is a true niiti correct copy ot":1 lcttcn to tieoige J
Wade- and Daniel Scltirnrttct from John P Arnato. dated February ik 200¢·l
6 Attached hereto as Exhibit 5 is a trite and correct copy of at letter to Yacltary (3
Newman from Daniei Schitnmel. dated April 9, 2004
7. Attached hereto as Exhibit 6 is I1 true and correct copy of an email to Zachary G
Neu. man from Daniel Scliirnmcl. dated March 3 E, 2004.
8. Attached hereto as Exhibit 7 is a lrttc arid correct copy ot" excerpts from the
Application of the Officiai Cotnniittee of`Unsecttd Creditors for an Order Atithorizing and Conipellini.;
Discovery Pursuant to Bankruptcy Rule 2004, dated April 13 200-4..
9. Attached hereto as Exhibit 8 is a true and correct copy oi" an email to Daniel
Schimniel from C Maicolm Cochran, iV, dated February l l. 2005.
IO Attached hereto as Exhibit 9 is a true and correct copy of it letter to (` lytaicolm
Cochran, EV, from Piret Leone. dated February E8. 2005
11 Attached hereto as Exhibit I0 is a trot: and correct copy of an email to Daniel
Schiannel from Brock E Cweschin, dated December 2. 2004.
l2 Attached hereto as Exhibit it is a trtic and correct copy ot" Dcbtorzt Disclosures
Pursuant to the C‘ot.trt`;—; Default Standard for Discovery of Electronic Documents, dated lanuary 20c .2005
I3 Attaclietl hereto as Exhibit t2 is a true and correct copy of an einait to (Q`
l\/tatcolm Cochran, [V. from Daniel Scttimmel, dated January Bti 2005, attaching Delendanuf Discfosures
Pursuant to the (iourt's Default Standard for Discovery of iilcctionic Docutncnts. dated January Et). 2,005
lei Attached hereto as Exhibit I3 is a trac and correct copy of an critail to George J.
Wade and Daniel Schimmci from C` Malcolm Cochran. l\# dated lt1tttiar).·2{>.2f)O5
2
Case 1:04-cv-01266-SLR Document 84 Filed O3/O1/2005 Page 3 of 4
t5 Attached hereto as Exhibit i4 is u true and correct copy ohm email to Cicongc .1
Wade and Daniel Schimrnel from C` Malcolm Cochran. EV. dated trmuary 20. 2005
I6 Attached hereto as Exhibit 15 is a trac and correct copy ol` an email to Daniel
Schimmei irorn {` Maleolrrt Cochran, W. dated ianuary 27. 2005.
I'?. Attached hereto as Exhibit l6 is a true and correct copy ol an email to Daniel
Schinimel lrom C Malcolm Cochran, [V; dated February 8. 2005.
iS Attached hereto as Exhibit 17 is a trttc and correct copy of an emaii to C` l
Malcolm Cochran. lV. From Daniel Schimmel. dated January 28. 2005. attaching list old BCE discovery
search terms
I9 Attached hereto as Exhibit l8 is tt true and correct copy ot an email to Daniel
Schimmcl from C Malcolm Cochran, IV, dated January 28. 2005, attaching a iist ol Dehtorsf proposed
discovery search terms
20. Attached hereto as Exhibit tt) is a true and correct copy ol an email to C
l\/Ealeoirrt Cochran. IV. from Daniel Scliimrnel. dated February 33. 2005
Zi Attached hereto as Exhibit 20 is a true and correct copy of ara cmaii to C
Malcolm Cochrant IV. lrorri Daniel Schimrnel. dated February 23 2005..
22. Attached hereto as Exhibit .21 is a trac and correct copy oi` an email to Diane
Barrasso ol" Barrasso Consulting and Martin Felslty ofliiorrtmonwealth legai from C Malcolm Cochran.
[V. dated February l8, 2005, and attaching revised list ofdlscmery search terms.
23. Attached hereto as Exhibit 22 is a true and correct copy ol` an email to Diane
Barrasso trorn Martin Felsky, dated February 22- 2005
24 Attached hereto as Exhibit 23 is a true and correct copy of art email to Daniel
Schiriimet tram C Malcolm Cochran. IV, dated February 23. 2005.
.25 Attached hereto as Exhibit 2·¤% is :1 true and correct copy ol" an entail to Daniel
Schimrnel from (Y Malcolm Cochran, IV, dated Fchruary 23. 2005
3
Case 1:04-cv-01266-SLR Document 84 Filed O3/O1/2005 Page 4 of 4
26 Attached hereto as Exhibit 25 is a trtic arid correct copy ot" un email to (`
Malcotm (`ochran, W. from Daniel Schimmel, dated i;ebr1:ury2ti.. 2005
2,7 Attached hereto as Exhibit 26 is ei true and correct copy ot the Deposition
lrariseript ot"Viayard V. Cooke. dated February 9. 2005
28 Attached hereto as Exhibit 27 is ti true and correct copy ot the Statement ot"
Claim in the action entitled ABN Amro Bank NV. v. BCE. {nc . tiled on iuly S2. 2002, in the Superior
Court ol" Justice, Ontai‘io,Canz1da1
29 Attached hereto as Exhibit 28 is ti true and correct copy ot" on emait to (X
Malcolm Cochran. IV. from Deniet Schimroei, dated Febniary 24.. 2005
30 Attached hereto as Exhibit 29 is ax true and correct copy ol {Det`ent1uot:c‘ Notice ot
Rule 30(b)t6) Deposition of Debtor;. dated December 6, .2004
33 Attactied hereto as Exhibit 30 is a trite and correct copy ot the- (.`onti
Communicattions Corporation et oi., dated March 8. 2004.
ldecinrc under penalty otpcrjury under the laws ofthe United States ot America that the
foregoing is true and corrcet.
Executed on iiebrtrairy 28. 2005.
6¢»e&/64/you · ·
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4
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