Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01266-SLR Document 268 Filed 05/23/2006 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: TELEGLOBE COMMUNICATIONS Chapter ll
CORPORATION, et al., : J ointly Administered
Debtors. Bankr. Case No. O2-11518 (MFW)
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plaintiffs, Civ. Action No. 04-1266 (SLR)
v.
BCE INC. et al.,
Defendants.
DECLARATION OF STEPHEN J. MARZEN
Stephen J. Marzen declares under penalty of perjury:
l. I am a partner at Shearman & Sterling, LLP, representing Defendants in the
above-captioned matter.
2. I make this affidavit in support of Defendants’ Motion in Limine to Exclude
the Testimony of Carlyn Taylor and the Related Testimony of Paul Chametzki. The depositions
referenced herein were taken by Defendants during the course of the above-captioned lawsuit.
3. Attached as Exhibit l to this Declaration is a true and correct copy of the
Debtors’ Motion for Order (A) Authorizing Global Bidding Process with Respect to United States
Assets, (B) Approving Bidding Procedures in Connection Therewith, (C) Fixing Cure Amounts,
Notice Procedures and Approving Fonn and Manner of Notice, (D) Setting Date and Time for
Hearing on Proposed Sale Resulting from Global Bidding Process with Respect to United States
Assets, and (E) Approval of Sale Transaction, which was filed with the United States Bankruptcy
Court for the District of Delaware ("Bankruptcy Court”) on June l0, 2002.

Case 1:04-cv-01266-SLR Document 268 Filed 05/23/2006 Page 2 of 3
4. Attached as Exhibit 2 to this Declaration is a true and correct copy of the
transcript of a June 24, 2002 hearing held before the Bankruptcy Court.
5. Attached as Exhibit 3 to this Declaration is a true and correct copy of the
Bankruptcy Court’s June 24, 2002 Order (A) Authorizing Global Bidding Process with Respect to
United States Assets, (B) Approving Bidding Procedures in Connection Therewith, (C) Fixing Cure
Amounts, Notice Procedures and Approving Form and Marmer of Notice, and (D) Setting Date for
Hearing on Proposed Sale Resulting from Global Bidding Process with Respect to United States
Assets.
6. Attached as Exhibit 4 to this Declaration is a true and correct copy of the
Affidavit of Benjamin J. Babcock, filed with the Bankruptcy Court on October 8, 2002.
7. Attached as Exhibit 5 to this Declaration is a true and correct copy of the
Affidavit of John Brunette, filed with the Bankruptcy Court on October 8, 2002.
8. Attached as Exhibit 6 to this Declaration is a true and correct copy of the
transcript of a October 9, 2002 hearing held before the Bankruptcy Court.
9. Attached as Exhibit 7 to this Declaration is a true and correct copy of the
Bankruptcy Court’s October 10, 2002 Order Pursuant to Sections lO5(a), 363(b) and (f), and
1l46(c) of the Bankruptcy Code Authorizing Debtors to Consummate Purchase Agreement with
TLGB Acquisition LLC.
10. Attached as Exhibit 8 to this Declaration is a true and correct copy of the
Expert Report of Carlyn Taylor, dated March 8, 2006.
ll. Attached as Exhibit 9 to this Declaration is a true and correct copy of
excerpts from the Expert Report of Paul Chametzki, dated March 8, 2006.
12. Attached as Exhibit 10 to this Declaration is a true and correct copy of
deposition transcript excerpts from the May 9, 2006 deposition of Carlyn Taylor.
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Case 1:04-cv-01266-SLR Document 268 Filed 05/23/2006 Page 3 of 3
13. Attached as Exhibit 11 to this Declaration is a true and correct copy of
deposition transcript excerpts from the May 3, 2006 deposition of Paul Charnetzki.
14. Attached as Exhibit 12 to this Declaration is a true and correct copy of the
Eleventh Report of the Monitor Dated September 19, 2002, filed with the Ontario Superior Court of
Justice in the course of the Canadian bankruptcy proceedings ofTe1eg1obe Inc. and certain of its
subsidiaries.
I declare under penalty of perjury that the foregoing is true and correct. Executed on
May 23, 2006
Stepheé J. Marzeg
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