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KRAMER LEVIN NAFTALIS & FRANKEL LLPThomas Moers MayerKenneth H. EcksteinArthur H. Aufses III1177 Avenue of the AmericasNew York, New York 10036(212) 715-9100Counsel for the Official Committeeof Unsecured Creditors of Old Carco LLC,f/k/a Chrysler LLC, et al.UNITED STATES BANKRUPTCY COURTSOUTHERN DISTRICT OF NEW YORK–––––––––––––––––––––––––––––––––––––––––In re:OLD CARCO LLC(F/K/A CHRYSLER LLC),
et al.
,Debtors.))))))))–––––––––––––––––––––––––––––––––––––––––Chapter 11Case No. 09-50002 (AJG)Jointly Administered
FIRST REQUEST FOR THE PRODUCTION OF DOCUMENTS BYTHE OFFICIAL COMMITTEE OF UNSECURED CREDITORS
Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure madeapplicable to this proceeding by Rules 2004, 7026 and 7034 of the Federal Rules of BankruptcyProcedure, the Official Committee of Unsecured Creditors of Old Carco LLC (f/k/a ChryslerLLC),
et al
. (the “Creditors’ Committee”), by and through its undersigned counsel, make thesedocument requests. The documents described herein shall be produced for inspection andcopying at the offices of Kramer Levin Naftalis & Frankel LLP, 1177 Avenue of the Americas,New York, NY 10036, attention Arthur H. Aufses III, within 5 business days, on or before_________, 2009, or at such other time and location as may be mutually agreed.
 
2
INSTRUCTIONS
1.
 
Pursuant to Local Civil Rule 26.3(a), the full text of the definitions andrules of construction set forth in paragraphs (c) and (d) of the Southern District of New York Local Civil Rule 26.3, are incorporated by reference into these discovery requests.The following definitions and instructions also apply:2.
 
Unless otherwise stated, the time period applicable to the documentscalled for is from March 1998
 
to the present, subject to ongoing obligations to supplementresponses under the applicable rules of procedure.3.
 
These requests encompass all documents in the responding party’scustody, possession or control, whether or not such documents were prepared by or for suchresponding party. Where knowledge, information or documents in the responding party’spossession, custody or control are requested or inquired of, such request or inquiry includesknowledge, information or documents in the possession, custody or control of each of responding party’s employees, agents, accountants, attorneys, auditors, representatives and anyother individuals or entities from whom the responding party could obtain documents.4.
 
If the responding party contends that no documents exist relating to all orpart of a request, state this contention and respond as fully as possible to all parts of the requestfor which documents exist.5.
 
If there is a claim that any privilege excuses production of any documentor part thereof, the responding party must provide a log identifying each allegedly privilegeddocument by title, type, date, author, recipients and subject matter, and state the privilege, andrespond as fully as otherwise possible with all nonprivileged documents in whole or part.6.
 
Documents are to be produced in a way which identifies the request orrequests to which each document applies, or as they are maintained in the usual course of 
 
3business. Documents to be produced shall be the original of all documents in the regular files asmaintained, together with any documents that were clipped or attached to them, or any originalsor copies containing handwriting. A complete and legible copy may be produced in lieu of producing the document itself.7.
 
In the event that any document covered hereunder has been destroyed,discarded or lost, the responding party shall identify each such document by stating:(a) the addressor and address; (b) the addresses of any indicated or blind copies; (c) the date,subject matter and number of pages of the document; (d) a description of any attachments orappendixes to the document; (e) the identities of all persons to whom the document wasdistributed, shown or explained; (f) the date on which the document was destroyed, discarded orlost, and the manner in which it was destroyed, discarded or lost; (g) the reasons for having thedocument destroyed or discarded; and (h) the identities of the person authorizing and/or carryingout such destruction or discarding.8.
 
If any of the documents cannot be produced in full, they shall be producedto the maximum extent possible and the responding party shall specify the reasons for theinability to produce the remainder.9.
 
As used herein, the singular shall include the plural, the plural shallinclude the singular, the past tense shall include the present and the present tense shall includethe past, so as to bring into the scope of definitions and document requests all matters which byany other construction would fall outside their scope.10.
 
Each document is to be produced with all non-identical copies and draftsthereof in its entirety without abbreviation or redaction.
DEFINITIONS
For Purposes of these Requests, the following definitions shall apply:
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