United States District Court, S.D. New York
April 5, 2005.
THE PRESBYTERIAN CHURCH OF SUDAN, REV. MATTHEW MATHIAN DEANG, REV. JAMES KOUNG NINREW, NUER COMMUNITY DEVELOPMENT SERVICES IN U.S.A., FATUMA NYAWANG GARBANG, NYOT TOT RIETH, individually and on behalf on the Estate of her husband JOSEPH THIET MAKUAC, STEPHEN HOTH, STEPHEN KUINA, CHIEF TUNGUAR KUEIGWONG RAT, LUKA AYUOL YOL, THOMAS MALUAL KAP, PUOK BOL MUT, CHIEF PATAI TUT, CHIEF PETER RING PATAI, CHIEF GATLUAK CHIEK JANG, YIEN NYINAR RIEK, and MORIS BOL MAJOK, and on behalf of all others similarly situated, Plaintiffs,
TALISMAN ENERGY, INC., and REPUBLIC OF THE SUDAN, Defendants.
The opinion of the court was delivered by: DENISE COTE, District Judge
Having received five letters from plaintiffs dated March 25,
2005, raising numerous discovery issues, and a response letter
from defendant Talisman Energy, Inc. ("Talisman"), dated April 1,
it is hereby
ORDERED as follows:
1. Plaintiffs' request for permission to move for an order to
compel Talisman to produce all maps previously requested and for
late-production sanctions, or for sanctions for improper
destruction if Talisman claims it does not have such maps, is
denied without prejudice to renewal of the request.
2. By April 19, 2005, Talisman shall provide an affidavit from the person responsible for the search for maps responsive to
plaintiffs' document requests, addressing the completeness of the
search and production, including whether Talisman possesses the
map entitled "Talisman Energy: Sudan Operational Map, Blocks
1/2/4," attached as Exhibit A to a letter of March 25 by John M.
O'Connor of Anderson Kill & Olick, P.C., and why that map was not
3. Plaintiffs' request for permission to move for sanctions for
the destruction of the notebooks of the Chief Executive Officer
of Talisman, James Buckee, is granted. Plaintiffs' motion shall
be due on April 19, Talisman's opposition shall be due on May 3,
and plaintiffs' reply shall be due on May 10.
4. Plaintiffs' request for permission to move for sanctions for
violation of Judge Schwartz's Order of December 23, 2002 for
failure to produce documents related to the Greater Nile
Petroleum Operating Company is denied.
5. Plaintiffs' request for permission to depose Larry
O'Sullivan is granted.
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