Free Respone to Objections - District Court of Delaware - Delaware

Case 1:04-cv-01266-SLR Document 237-5 Filed O3/21/2006 Page1 0f3
EXHIBIT D I

Case 1 :04-cv-01266-SLR Document 237-5 Filed O3/21/2006 Page 2 of 3l i
1 IN THE UNITED STATES DISTRICT COURT i
O 2 IN AND FOR THE DISTRICT OF DELAWARE
3 - - - i
4 In re: : Chapter 11 i
5 TELEGLOBE COMMUNICATIONS : Jointly Administered
CORPORATION, et al., : Bankruptcy Case No.
5 ; No. 02-11518 (MFW) ,
Debtors :
7 ———-——————-—— - —-—---————-——-———·-— :
TELEGLOBE COMMUNICATIONS : CIVIL ACTION g
8 CORPORATION, et al., :
9 Plaintiffs l :
10 vs. : E
11 BCE INC., MICHAEL T. BOYCHUK, :
MARC A. BOUCHARD, SERGE FORTIN, :
12 TERENCE J. JARMAN, STEWART VERSE, z g ,
JEAN C. MONTY, RICHARD J. CURRIE, : Q
13 THOMAS KIERANS, STEPHEN P. : g
SKINNER and H. ARNDOLD : g
14 STEINBERG, : .
15 Defendants : NO. O4—l256 (SLR)
16 — — — I
17 .. Wilmington, Delaware g
Thursday, March 31, 2005 l
18 4:32 o'clock, p.m.
19 — — - Q
20 BEFORE; HONORABLE SUE L. ROBINSON, Chief Judge
21 — · · n l
22 2
23
Valerie J. Gunning ·
24 Official Court Reporter
2 5 _ ;

n

Case :04-cv-01266-SLR Document 237-5 Filed O3/21/2006 Page 3 of 3 3 9
1 to it within the next week or two. All right?
2 MR. SHANDLER: Thank you, your Honor. -
3 THE COURT: All right. é
4 MR. WADE: If I might just say a word on that i
5 issue... j
6 THE COURT: Yes? i
7 MR. WADE: There were three privilege issues E
8 faced by BCE that were really quite ditferent. One was, i
9 it is certainly true that members of the Legal Department Q
10 at BCE worked —- did some work for Teleglobe when Teleglobe i
11 was a wholly—owned subsidiary. Not unusual. Those é
12 documents were all turned over to Teleglobe at the very j
13 outset. They’re simply not at issue. g
14 The second was there were some places where i
15 BCE attorneys worked with what they conceived of as the j
16 common interest of Teleglobe and BCE. And there were ?
17 areas of common interest. That was argued before Judge i
18 Walrath. Judge Walrath said, Well, if it's the common i
19 interest of Teleglobe, produce them, because Teleglobe i
20 does have an interest in those. We did. i
21 The ones we are concerned about are those in i
22 which the attorneys were clearly working for BCE and é
23 knew they were working for BCE and no one else.
24 THE COURT: I just smile at the word clearly, i
25 because there’s very little that's truly clear in this life. é