Free Motion for Protective Order - District Court of Delaware - Delaware

Case 1 :04-cv-01266-SLR Document 1 12-2 Filed 05/10/2005 Page 1 of 3
` IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IN RE: §
§
TELEGLOBE COMMUNICATIONS § CASE NO. 02-11518 (MFW)
CORPORATION, ET AL., § (J ointly Administered)
§
DEBTORS. §

§
Teleglobe USA Inc. et al., §
§
Plaintiff, §
§ CIV. ACTION NO. 04-1266 (SLR)
v. §
§
BCE Inc. et al., §
§
Defendants. §
AFFIDAVIT OF BETH W. BIVANS IN SUPPORT OF INTERVENOR
VARTEC TELECOM, INC.’S MOTION FOR PROTECTIVE ORDER
STATE OF TEXAS §
§
COUNTY OF DALLAS §
BEFORE ME, the undersigned authority, on this day personally appeared Beth W.
Bivans, known to me to be the person whose name is subscribed below as afiiant, and did depose
and state under oath as follows:
"My name is Beth W. Bivans. I am a citizen of the United States, over the age of 18
years and qualified in all respects to make this Affidavit. I am an attomey licensed pro hac vice
to practice law in 'I`eIeglobe’s bankruptcy proceeding in the District of Delaware. I am a partner
in the law firm of Hughes & Luce, L.L.P., and I represent Intervenor VarTee Telecom, Inc.
("VarTec") in the above-referenced and numbered cause. I make this Affidavit based solely
upon my personal knowledge. I have reviewed the documents submitted by VarTec in support
AFFIDAVIT OF BETH W. BIVAN S — Page 1
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Case 1:04-cv-01266-SLR Document 112-2 Filed 05/10/2005 Page 2 of 3
of its Motion for Protective Order Regarding Defendants’ Second Request for Production of
Documents, and to the best of my knowledge, the documents identiiied below as exhibits to
VarTec’s for Protective Order are authentic copies of the original documents?
1. “Exhibit 1, attached hereto, is a true and correct copy of VarTec’s Motion to
Partially Lift the PSLRA Discovery Stay, dated April 29, 2005, submitted in connection with the
proceeding styled VarTec Telecom, Inc., et al. v. BCE, Inc., et al.; Cause No. ECF 03-2203
(RIL), pending in the United States District Court for the District of Columbia.
2. "Exhibit 2, attached hereto, is a true and correct copy of the Confidentiality
Agreement between the Debtors and VarTec, dated May 27, 2003.”
3. "Exhibit 3, attached hereto, is a true and correct copy of Defendants’ Second
Request for Production of Documents and Directed to the Debtors."
4. "Exhibit 4, attached hereto, is a true and correct copy of a letter from Beth W.
Bivans to Randall Miller and Pauline K. Morgan, dated January 18, 2005."
5. "Exhibit 5, attached hereto, is a true and correct copy of The Debtors’ Response
to Defendants’ Second Request for Production of Documents?
6. “Exhibit 6, attached hereto, is a true and correct copy of a letter from Russell C.
Silberglied to Beth W. Bivans, dated April 26, 2005."
AFFIDAVIT OF BETH W. B;!;§§ —- Page 2
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Case 1:04-cv-01266-SLR Document 112-2 Filed 05/10/2005 Page 3 of 3
FURTHER AFFIANT SAYETH NOT.
EXECUTED this 9th day of May 2005.
SUBSCRIBED AND SWORN TO BEFORE ME on this 9th day of May 2005.
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