Free Redacted Document - District Court of Delaware - Delaware

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
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In re
rersotons connvromcarions coarosarron Ci‘”p*°" ii
el, al ’ CaseNo.. 02-11518 (MFW)
" Jointly Administered
Debtors.
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TELEGLOBE COM1\/IUIQICATIONS CORPORATION,
et el.,
Plaintiffs, C.A. No, O4—CV~t266 (SLR)
V- REDACTEI)
BCE INC., at al., l
Defendants.
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AFFIDAVIT OF CHARLES LOESNER IN SUPPORT OF PLAIN'I`IIi‘FS’
SUPPLEMENTAL RESPONSE TO DEFENDANTS’ OBJECTIONS TO
THE SPECIAL MASTER’S FINAL DECISION
Charles Loesner, being duly sworn, deposes and states as follows:
L I am an attorney associated with the law fum ofHa1u1 & Hessen LLP, counsei for
the Ofticial Committee ofUnsecured Creditors of Teleglobe Communications Corporation, et al.
(the “Conunittee”), one of the plaintiffs inthe abovecaptioned action. I am admitted to practice
inthe State of New York and the Southern District ofNew York, and am authorized to appear
pro imc vice before this Court in this action.
2. Prior to the commencement of this action, as part of its investigation pursuant to
Bankruptcy Rule 2004, the Committee brought before Bankruptcy Judge Walrath a motion to
compel the production of documents by BCE Inc. (“BCE").. BCE,’s opposition papers stated that
"As denoted on BCE’s privilege iog, BCE attorneys consulted with attorneys, officer, or
employees ofTe1eglobe Inc. or its subsidiaries to discuss or provide legal advice in matters


where BCE and Teleglobe Inc. (or its subsidiaries) shared a common legal interest." Opposition
to Motion ofthe Official Committee of Unsecured Creditors for an Order Authorizing and
Compelling Discovery Pursuant to Bankruptcy Rule 2004 at I8 (emphasis added). A true and
correct copy ot"`BCE’s Opposition is attached hereto as Exhibit A.
3.. During a heating on the Cornrnittee’s motion to compel, Judge Walrath ordered
BCE to produce to the Debtors and to the Committee all documents withheld on the basis of
"comrnon interest" privilege. Sec Exhibit A to Plair1tiffs’ Response to Defendants? Objections to
the Special Master’s Final Decision-
4. According to the records kept by my tirm, and prepared under any supervision,
following Judge Walrath’s decision BCE produced 299 documents that had been designated as
"common interest? A list of these documents is attached hereto as Exhibit B. Wiith regard to
twelve of these documents (privilege log numbers 470, 471, 472, 473, 475, 478, 481, 485, 492,
565, 594, and 700), BCE initially withdrew the "common interest" designation on a later version
ofthe privilege log, then subsequently produced them. The documents attached as Exhibits lA,
113, IC, ID, IE, 1G, IH, il, IK, and IL to the Transmittal Affidavit of Gregory E. Stuhlrnan in
support of Plaintiffs’ Response to Defendants? Objections to the Special Master’s Final Decision,
are examples ofthe 299 “coinmon interest" documents produced by BCE.
5. Attached hereto as Exhibit C is a true and correct copy ofan e~mai1 hom M.
Lalande, dated November 20, 2001.
6. Attached hereto as Exhibit D is a true and correct copy ofa letter from Teleglobe
Inc. to Deloitte and Touche LLP, dated February 27, 2002.

Case 1:04-cv—O1266—SLR Document 247 Filed O3/31/2006 Page 3 of 4
7. Attached hereto as Exhibit E is a true and correct copy of a letter from Teleglcbe
Inc. to Deloitte amd Touche LLP, dated February 27, 2002 and bearing the handwritten notation
“Fi11a1.”
8, Attached hereto as Exhibit F is a twe and correct copy of an e-mail from M.
Turcotte, dated April 9, 2002.
Dated: New York, New York
March 30, 2006
’\

Charles Loesner
Sworn to before me this 301}] dey
of March, 2006
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UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
CERTIFICATE OF SERVICE
I hereby certify that on March 31, 2006, I caused to be served by hand delivery the
foregoing document and electronically tiled the same with the Clerk of Court using CM/ECF
which will send notiiication of such tiling(s) to the following:
Pauline K. Morgan, Esq, Joseph A. Rosenthal , Esq.
YOUNG CONAWAY STARGATT & ROSENTI-IAL, MONHAIT, GROSS &
TAYLOR, LLP GODDESS, P.A.
The Brandywine Building 1401 Mellon Bank Center
1000 West Street, 17th Floor P.O, Box 1070
P.O. Box 391 Wilinington, DE l9801
Wilmington, DE 19899
I hereby certify that on March Bl, 2006, I caused to be sent by Federal Express the
foregoing document to the following non-—registered participants:
John Amato, Esq. George J. Wade, Esq.
HAHN & HESSEN LLP SHEARMAN & STERLING LLP
488 Madison Avenue 599 Lexington Avenue
New York, NY 10022 New York, NY 10022
&{ / 4, ( W L/L-/r
C. Malcolm Cochran, IV (#23 77)
Richards, Layton & Finger, P.A.
One Rodney Square
PO. Box 551
Wilrnington, Delaware 19899
(302) 651-7700
Cochran@rlf,com
R,LFl—28'i8527-1