United States District Court, S.D. New York
August 17, 2005.
Presbyterian Church of Sudan, et al.
Talisman Energy Inc., et al. S.D.N.Y.
The opinion of the court was delivered by: DENISE COTE, District Judge
Dear Judge Cote:
On behalf of Talisman Energy, I write to correct a misstatement
of fact contained in the letter addressed to the Court, dated
August 16, 2005, signed by John M. O'Connor, Esq., one of
plaintiffs' counsel. So as not to belabor the matter I will not
respond to the argumentative portions of Mr. O'Connor's latest
letter, but will confine myself to factual matters.
Plaintiffs' counsel writes in his most recent letter that
"Talisman has stated an intention to appeal to Justice Pitt." I
am advised by Talisman Energy's Ontario counsel that this
misrepresents both Talisman Energy's intention and Ontario
procedure: No "appeal" is being, or can be, taken from the
Registrar (the equivalent of a Clerk in an American court) to the
judge. Rather, where (as in this case) there is a dispute as to
the form of an order resulting from a judge's decision, the
Ontario Rules of Civil Procedure provide that the matter is
ordinarily to be resolved by the judge who issued that decision.
Notwithstanding Plaintiffs' shrill suggestion, all that is
happening is that Talisman Energy's counsel is seeking an
appointment with Justice Pitt at the earliest available date, for
the purpose of determining the appropriate form of order.
Talisman Energy's interest in this matter is the one raised
with Your Honor in my August 5 letter i.e., that it have a
reasonable opportunity to protect any privilege that it may have
in the documents possessed by its former employees. Accordingly,
Talisman Energy's Ontario counsel have asked plaintiffs' Ontario
counsel to agree that the issues we have raised with this Court
not be rendered moot by the form of any order to be entered in
Ontario. This request is reflected in a letter sent by Robert
Frank, Esq., of Macleod Dixon LLP (Talisman Energy's counsel in
Ontario) to plaintiffs' Ontario counsel yesterday, a copy of which is
attached hereto. I understand that plaintiffs' Ontario counsel
have not yet responded to this request.
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