Free Declaration - District Court of Delaware - Delaware

Case 1:04-cv—01266—SLR Document 276 Filed 05/31/2006 Paget of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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In re ) Chapter II
)
'FELEGLOBE COMMUNICATIONS )
CORPORATION, at al., ) Iointiy Administered
) Banlcr. Case No. 02-1I5I8(MFW)
)
Debtors, )
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TELEGLOBE COMMUNICATIONS )
CORPORATION, )
et cz/., ) CA, No. 04-I266 (SLR)
)
Plaintiffs, )
)
vt )
)
BCE INC., at ai., )
)
Defendants, )
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DECLARATION OF RUSSELL C. SILBERGLIED IN SUPYPORT OF
PLAINTIFFS’ MEMORANDUM IN OPPOSITION TO DEFENDAN'I`S’
MOTION IN LIMINE TO EXCLUDE THE EXPERT TESTIMONY OF
PAUL CIIARNETZKI AND CARLYN TAYLOR AS A SANCTION FOR THE
SPOLIATION OF INFORMATION CONSIDERED IN FORMING THEIR OPINIONS
I, Russel} C, Silberglied, declare and state as follows:
1.. I ain a director at the law firm of Richards, Layton & Finger, P.A.,
representing the Debtors in the abovecaptioned matter.
2.. At page IG of their ‘°Opening Brief and Support of`Their Motion in Limine
to Exclude the Expert Testimony of Paul Charnetzlci and Cariyn Taylor as a Sanction for the
Spoliation of Information Considered in Forming Their Opinions” (the "M0tion"), Defendants
imply that at the time of a March I, 2006 meeting attended by PIaintiffs’ three testifying experts,
Ptaintiffa had an "exp1icit agreement with Defendants that the parties would ‘mutual1y
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Case 1:04-cv—01266—SLFl Document 276 Filed 05/31/2006 Page 2 of 4
exchangem drafts of opinions and experts’ notes. Any such implication is false. There was no
pending document request at the time, nor an explicit or an implicit understanding between the
parties,
3. On March l0, 2006, i placed a telephone call to George Wade, Esq. of
Sheannan & Sterling to see if the parties could mutually agree upon categories of expert
documents to he exchanged pursuant to this Court’s "Discovery Plan and Scheduling Order,"
which only provided, in relevant part, that “docu1nent discovery with respect to expert witnesses
shall be completed by April 21, 2006." Prior to any call with Mr. Wade, neither party had
demanded any "document discovery with respect to expert witnesses," nor were there any
conversations or understandings, implicit or explicit, on the subject
4t Mr. Wade informed me on the March l0 telephone call that he would
consider my suggestion and get hack to ine. Thus, we did not discuss on that call what any of the
categories of expert document discovery would he,
5. "ihereafter, at some point prior to March i6, 2006, I received a telephone
call from Jaculin Aaron, Esq, at Shearrnan & Sterling concerning document discovery with
respect to expert witnesses. Ms. Aaron stated that she was generally agreeable to the concept of
a mutual list of categories, and asked me to prepare the first draft thereof for her review and
connnent, I asked her if there were any particular categories that she wanted to see addressed.
She responded in the affirmative: drafts of reports and notes. That was the first discussion of
drafts in this case.
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Case 1:04-cv—01266—SLR Document 276 Filed 05/31/2006 Page 3 of 4
6, On March 16, 2006, I sent a proposed list of categories to Ms, Aaron, Qs
Declaration of Stephen J , Marzen at Ex, l. I included what Ms. Aaron asked me to include, as
well as other categories. Ms. Aaron accepted my proposal, with rninor modifications not
relevant here, by letter dated March 24, 2006. IQ,
I declare, under penalty of perjury, that the foregoing is true and correct.
fywrwl We ,/,@§ E
Russell C. Silberglied ( o, 3462)
Executed on May Bl, 2006
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Case 1:04-cv—01266—SLFi Document 276 Filed 05/31/2006 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on May 3 l, 2006, I hand delivered and electronically tiled the
foregoing document with the Clerk of`Court using CM/ECF, which will send notification of such
filing(s) to the following:
Pauline K. Morgan, Esq. Joseph A. Rosenthal , Esq.
YOUNG CONAWAY STARGATT & ROSENTHAL, MONHAH, GROSS &
TAYLOR, LLP GODDESS, PA.
The Brandywine Building 1401 Mellon Bank Center
1000 West Street, l'/th Floor P.O. Box 1070
PO. Box 39l Wilmington, DE l9801
Wilmington, DE l9899
I hereby certify that on May 31, 2006, I have sent by Federal Express the foregoing
docuinent to the following non~registered participants:
John Amato, Esq. George J . Wade, Esq.
Hahn & Hessen LLP Daniel Schimrnel, Esq.
488 Madison Avenue SHEARMAN & STERLENG LLP
New York, NY l0022 599 Lexington Avenue
New York, NY 10022
I I ` ““"“’”\.‘
Anne Shea aza (#4
[email protected]
Richards, Layton & Finger, P.A.
One Rodney Square
PO, Box 55l
Wilmington, Delaware 19899
(302) 65l—`7'700
R.l.Fl—3020284·l