Case No. 03-30465 (PM).United States Bankruptcy Court, D. Maryland, Greenbelt Division.
October 27, 2005
ORDER
PAUL MANNES, Bankruptcy Judge
UPON CONSIDERATION OF the Motion to Compel of Debtor USGen New England, Inc., dated August 25, 2005 [Dkt. 1805], Tennessee Gas Pipeline Company’s (“TGP”) Opposition thereto, dated September 12, 2005 [Dkt. 1809], Debtor’s Reply in Support thereof, dated October 13, 2005 [Dkt. 1868], and the arguments heard on October 18, 2005, it is the ____ day of October, 2005, hereby ORDERED that:
1. The motion is CONTINUED without prejudice to either the Debtor or TGP to the hearing on November 16, 2005, at 2:00 PM ET.
2. On or before November 11, 2005, TGP shall:
a) Identify to the Debtor the TGP personnel whose files were searched for documents and information, if any, responsive to Debtor’s discovery requests and certify that each identified employee has to the best of his or her knowledge gathered and transmitted to counsel for TGP all responsive documents, materials and/or tangible items within his or her
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control whether stored in his or her office or in another location as follows: (i) responsive files within his or her control or responsibility in hard copy, on his or her computer, or on the network, if any; (ii) responsive emails, information and files stored on his or her company-issued Blackberry, text message pager, or other business related communication or storage device, if any; (iii) responsive electronic files and personal folders, including emails, if any; and (iv) responsive company files located at his or her residence in hard copy, on his or her home computer hard drive, including any emails, and on his or her personal digital assistant, if any.
b) Produce to the Debtor an accounting report showing the revenue for TGP’s sale of Interruptible Transportation (IT) along all or any portion of the transportation path reserved under the USGen Gas Transportation Agreements with TGP from September 5, 2003 to September 30, 2005, with customer names and receipt and delivery points.
c) Identify to the Debtor the delivery and receipt points for each of the transportation transactions identified on the report produced at TGUS1-TGUS524, which report covers September 5, 2003 to May 31, 2005, and update that report to identify transportation transactions along all or any portion of the transportation path reserved under the USGen Gas Transportation Agreements with TGP to cover June 1, 2005 to September 30, 2005.
d) Respond to the Debtor’s October 7, 2005 letter.
3. Also prior to the November 16 hearing, USGen shall identify to TGP the specific concerns USGen has with TGP’s privilege log and all other outstanding discovery issues, and the parties shall meet and confer in person about those issues by November 11, 2005.
4. The parties shall submit an agreed-upon list of issues to be presented at the November 16 hearing.
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5. The scheduling order for adjudication of the Debtor’s objection to TGP’s claim is suspended pending further order of the Court.
End of Order.
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