Free Declaration - District Court of Delaware - Delaware

Case 1 :04-cv-01256-JJF Document 93 Filed 05/12/2006 H Page 1 of 2
IN THE UNITED STATES DISTRICT COURT A
FOR THE DISTRICT OF DELAWARE
MAGTEN ASSET MANAGEMENT )
CORPORATION, Suing individually and )
Derivatively on behalf of CLARK FORK )
AND BLACKFOOT, LLC, )
)
Plaintiff, )
) C.A. No. 04-1256-JJF
v. )
)
PAUL HASTIN GS JANOFSKY )
& WALKER LLP )
)
Defendant. )
DECLARATION OF KATHLEEN M. MILLER IN FURTHER SUPPORT OF
MAGT EN ASSET MANAGEMENT CORPORATION’S ANSWERING BRIEF
KATHLEEN M. MILLER, declares as follows pursuant to 28 U.S.C. § 1746: l
1. I am a partner in the the law firm of Smith, Katzenstein & Furlow LLP,
counsel for plaintiff Magten Asset Management Corporation. A
2. Attached hereto as Exhibit A is a true and correct copy of the Complaint
filed by Magten Asset Management Corporation on May 19, 2004, in the State of 1
Montana Second Judicial District Court, Cause No. DV—04—13 1.
3. Attached hereto as Exhibit B is a true and correct copy of the Answer filed I
by Paul Hastings J anofsky & Walker LLP on July 23, 2004, in the United States District
I Court for the District of Montana, Cause No. CV—04-49-BU-SEH. y
{10013960.DOC} 1

IV Case 1:04-cv-01256-JJF Document 93 Filed 05/12/2006 Page 2 of 2
4. Attached hereto as Exhibit C is a true and correct copy of an Order dated
January 27, 2005 issued by the United States District Court for the District of Montana,
Cause No. CV-04-26-BU-RFC.
5. Attached hereto as Exhibit D is a true and correct copy of Northwestern
Cor·poration’s Motion to Dismiss, and Supporting Brief, to Dismiss the Complaint of
Magten Asset Management Corporation and Law Debenture Trust Company of New
York for Failure to State a Claim upon which Relief can be Granted filed on May 14,
2004, in the United States Bankruptcy Court for the District of Delaware, Adv. No. 04-
53324—CGC.
6. Attached hereto as Exhibit E is a true and correct copy of the Order dated
April 18, 2005, issued by the United States District Court for the District of Montana,
Cause No. CV—04-26-BU-FRC.
7. Attached hereto as Exhibit F is a true and correct copy of Brief in Support Q
of Motion for Summary Judgment tiled by Mike J. Hanson and Ernie J. Kindt on August
20, 2004, in the United States District Court for the District of Montana, Cause No. CV-
04-26-BU-FRC.
Dated: May 12, 2006 I /
· at lar 898)
{10013960.DOC} 2