Free Response to Order - District Court of Delaware - Delaware

Case 1:04-cv—01266—SLR Document 137 Filed 07/26/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
————--————--——-—--———-———--—~——————~——-—---———-———————--—----——-----—— X
In re ) Chapter ll
)
TELEGLOBE COMMUNICATIONS ) Jointly Administered
CORPORATION, ei :1/ , ) Bankr Case No 02-11518 (MFW)
)
Debtors )
-————————————————-—---—----——-—— —· —-—- -—-—- ——————— -· ————————— -···- —————— ·- ———— X
TELBGLOBE COMMUNICATIONS ) C A No O4—CV~I266 (SLR)
CORPORATION, et al , )
)
Plaintiffs, )
)
V >
)
BCE INC , ei nl, )
)
Defendants )
·—- ~-—— ····—-·——·-—-·-··· —»———·— -···-·—-—~· ———~— -··· -—--——————-——— — -—-—-—-———————-—————— X
1)EBTORS’ RESPONSE TO THE COURT’S JULY 18, 2005 ORDER
REQUEST ING IDENTIFCATION OF OUTSTANDING ISSUES PRESENTED IN
DEBTORS’ MOTION TO COMPEL
in response to the Court’s July IS, 2005 Order requesting that the
Debtor/Plaintiffs (the “Debtors") identify the issues raised in their February ll, 2005
Motion to Compel (D I 74) which remain in dispute, the Debtors state as follows:
1. Only one critical issue addressed by the Debtors in their Motion to
Compel remains in dispute and requires a decision from the Court Specifically, Debtors
have requested the immediate production of hundreds of documents witliheid by
Defendants as privileged, which were authored, transmitted, and/or received by the
Debtors’ very own fiduciaries, including the Debt0rs’ own lawyers Subject to the
production of supplemental privilege iogs by the Defendants, the documents sought by
iulri-zuinzaei

Case 1:04-cv—01266—SLFl Document 137 Filed 07/26/2005 Page 2 of 4
the Debtors are among those identified on the Defendants’ Rule 2004 privilege log and
the Defendants’ February 18, 2005 privilege log]
2 The factual discussion and legal arguments relevant to the outstanding
privilege (and dual fiduciary) issues are set forth on pages l7 to 20 and 25 to 40 ofthe
E)ebtors’ Opening Brief (D I. 76), pages 26 to 40 oi`Defendants’ Answering Brief (Di
87), and pages 9 to 20 of the Debtors’ Reply Brief (Di 9l) In addition, the parties
discussed this issue with the Court during the March 31, 2005 and July 7, 2005 discovery
conferences (See 3/31/05 Tr at 36~40 and 7/07/05 Tr) 2 Finally, the Debtors, pursuant
to Local Rule 7 l 2(c), brought to the Court’s attention a recent decision from the United
States Bankruptcy Court for the Northern District of Texas which is relevant to this
privilege issue See In re fl//{mart Corp, 2005 Banlcr LEXIS ll39 (N D Tex June 15,
2005) (Ex. B hereto),
3 Apart from the aforementioned dual tiduciary issue, the patties have been
attempting to work through the remaining issues raised in the Motion to Cornpel, in
accordance with the directions of the Court at the various discovery conferences held in
this matter: While several items remain outstanding, given the upcoming discovery
conference now scheduled for August l0, 2005, the Debtors are content to withdraw
without prejudice their Motion to Conipel as it relates to issues other than those
referenced in the first two paragraphs of this submission.
1 The Rule 2004 privilege log is attached as Exhibit E to the Ailidavit of Chad M
Siiandier in Support of Plaintiffs’ Opening Brief in Support of Their Motion to Compei
Production of Documents Wrongfully Withheld by Defendants (D I. 75) The February l8,
2005 privilege log is attached hereto at Exhibit A
2 Specific page numbers {rom the July 7, 2005 transcript will be provided when the
transcript is completed
2
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Case 1:04-cv—01266—SLR Document 137 Filed 07/26/2005 Page 3 of 4

J my V. Varallo (No. 2242)
varallo@rlf com
C. Malcolm Cochran, IV (No. 2337)
cochran@r1f com
Russell C Silberglied (N 0 3462)
silberglied@r1f com
Chad M. Shandler (No 3796)
shand1er@r·lfcom
Richards, Layton & Finger PA
One Rodney Square
Wilmington, Delaware l9S I0
Telephone. (302) 651—7700
Attorneys for Plaintiffs
Dated. July 26, 2005
3
RI.-Fl-2903204-1

Case 1:04-cv—01266—SLR Document 137 Filed 07/26/2005 Page 4 of 4
CERTIFICATE OF SERVICE
I hereby certify that on July 26, 2.005, I hand delivered and electronically filed the
foregoing document with the Clerk of Court using CM/ECF, which will send notification of such
tiling(s) to the foiiowing
Pauline K. Morgan, Esquire (No 3650) Kevin Gross, Esquire(No. 299)
YOUNG CONAWAY STARGATT & Joseph A Rosenthal (No 234)
TAYLOR, LLP ROSENTHAL, MONHAIT, GROSS &
The Brandywine Building GODDESS, P A
I000 West Street, 17th Floor l40l Mellon Bank Center
PO. Box 391 PO.Boxl070
Wilmington, DE 19899 Wilmington, DE 19801
I hereby certify that on July 26, 2005, I have sent by Federal Express the ibregoing
document to the following non-registered participant
George J. Wade, Esquire John Amato, Esquire
SHEARMAN & STERLING LLP Hahn & Hessen LLP
599 Lexington Avenue 488 Madison Avenue
New York, NY 1002.2 New York, NY 10022
Chad M, Shandler (No. 5796)
Richards, Layton & Finger, P A.
One Rodney Square
PO. Box. 551
Wilmington, Delaware 19899
(302) 65t—7700
Shandler@rEf com
nr.r1-zsriamn-1