In Re Mesa Power Group, LLC

Filing 28

ORDER GRANTING 27 STIPULATION WITH PROPOSED ORDER Resolving Subpoenas filed by Hunter Armistead, Pattern Energy Group LP, Motion Terminated: 13 MOTION to Quash Subpoenas Issued by Mesa Power Group, LLC, filed by Hunter Armistead, Pattern Energy Group LP.. Signed by Judge Joseph C. Spero on 5/9/12. (klhS, COURT STAFF) (Filed on 5/9/2012)

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ERIC J. AMDURSKY (S.B. # 180288)
[e-mail]
ANNA-ROSE MATHIESON (S.B. # 231770)
[e-mail]
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Pattern Energy Group LP
and Hunter Armistead

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[Additional counsel listed on signature page]
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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In Re Application of

Case No. CV 11-5510 (JCS)

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MESA POWER GROUP, LLC,

STIPULATION RESOLVING
SUBPOENAS AND [PROPOSED] ORDER

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Applicant,
Pursuant to 28 U.S.C. § 1782 For Judicial
Assistance in Obtaining Evidence from
PATTERN ENERGY GROUP LP; MIKE
GARLAND; JOHN CALAWAY;
HUNTER ARMISTEAD; and DAVID
PARQUET For Use in a Foreign and
International Proceeding.

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STIPULATION RESOLVING SUBPOENAS
AND [PROPOSED] ORDER
NO. CV 11-5510 (JCS)

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IT IS HEREBY STIPULATED by and between the parties hereto through their

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respective attorneys of record that, if the Court approves, Mesa Power Group, LLC

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(“Mesa”), and Pattern Energy Group LP (“Pattern”) have agreed to resolve the dispute

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regarding the Pattern’s pending Motion to Quash the Subpoenas as follows:

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A. Document Production: Pattern will produce the following documents
1) Green Energy Investment Agreement (GEIA) and the GEIA Amendment, and
attachments and schedules to foregoing.

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2) Four Power Purchase Agreements

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a) South Kent Wind Project

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b) Grand Renewable Energy Park

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c) Armow Wind Power Project

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d) K2 (Knightsbridge) Wind Project

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and attachments and schedules, except Appendix 1-A.

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3) Applications and proposals related to the GEIA, the GEIA Amendment, and/or

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the Four Power Purchase Agreements up through the date of execution of the respective

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agreements.

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4) All communications between Pattern and the Canadian Government

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(includes subnational governments and agencies and state enterprises) relating to the

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negotiation of the GEIA, the GEIA Amendment, the Four Power Purchase Agreements,

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and their attachments, schedules, applications, and proposals (except Appendix 1-A to the

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Four Power Purchase Agreements) up through the date of execution of the GEIA

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amendment.

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STIPULATION RESOLVING SUBPOENAS
AND [PROPOSED] ORDER
NO. CV 11-5510 (JCS)

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5) All communications between Pattern and the Canadian Government with

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respect to the satisfaction, extension, modification, or waivers of the requirements or

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milestones set forth in the GEIA, the GEIA Amendment, or the PPAs up through the date

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of the PMK deposition.

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6) All communications between the Korean Consortium, including any

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Samsung or KEPCO members of the Working Group as defined in the GEIA, and

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the Canadian Government in Pattern’s possession regarding the negotiation of the GEIA

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and the GEIA Amendment, attachments, and proposals regarding same up through the

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date of execution of the GEIA Amendment.

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It is agreed by the parties that Pattern will produce the documents in categories 1 and 2

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on or before May 7, 2012. Pattern’s obligation to produce documents in categories 3-6

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above shall be limited to documents maintained by the following eight custodians and

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Pattern will use best effort to produce non-privileged responsive documents on or before

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June 18, 2012:

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• Mike Garland

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• John Calaway

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• Hunter Armistead

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• David Parquet

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• George Hardie III

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• Colin Edwards;

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• Kim Sachtleben; and

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• The Pattern employee designated to testify for the PMK deposition referenced

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hereafter (to the extent not previously identified)

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STIPULATION RESOLVING SUBPOENAS
AND [PROPOSED] ORDER
NO. CV 11-5510 (JCS)

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B. Depositions
The parties agree that Mesa withdraws its subpoenas for deposition of Mike

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Garland, John Calaway, Hunter Armistead, and David Parquet in exchange for taking a

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PMK deposition of Pattern limited to the subject matters of the categories of documents

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agreed to be produced as set forth above. The parties agree that they will use best efforts

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to take the PMK deposition in San Francisco, California on or before July 18, 2012.

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C. Expenses
Mesa shall reimburse Pattern for its reasonable expenses (excluding attorneys’

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fees, either in-house or outside counsel) incurred in connection with Pattern’s production

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of documents pursuant to this Stipulation. Following Pattern’s production of documents,

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the parties shall meet and confer regarding the appropriate amount of expenses that shall

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be reimbursed by Mesa to Pattern. If the parties are unable to reach such an agreement,

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the Court reserves jurisdiction over this matter to award reasonable expenses to Pattern.

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STIPULATION RESOLVING SUBPOENAS
AND [PROPOSED] ORDER
NO. CV 11-5510 (JCS)

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Dated: May 8, 2012
ERIC J. AMDURSKY
ANNA-ROSE MATHIESON
O’MELVENY & MYERS LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111

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By: /s/ Eric J. Amdursky
Eric J. Amdursky

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Attorneys for Pattern Energy Group LP

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MERYL MACKLIN
BRYAN CAVE LP
560 Mission Street, 25th Floor
San Francisco, CA 94105
By: /s/ Meryl Macklin
Meryl Macklin
Attorney for Mesa Power Group, LLC

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STIPULATION RESOLVING SUBPOENAS
AND [PROPOSED] ORDER
NO. CV 11-5510 (JCS)

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ORDER [PROPOSED]

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Pursuant to stipulation, IT IS ORDERED that Pattern Energy Group LP shall

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produce the documents and provide the deposition testimony under the terms and

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conditions agreed to by the parties in the Stipulation set out above. This Stipulation shall

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resolve the dispute regarding the pending Motion to Quash the Subpoenas, and provide

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full satisfaction of the obligations of Pattern Energy Group LP and Hunter Armistead

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under the subpoenas issued by Mesa Power Group, LLC.

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9th
May
SIGNED on the _________ day of ________________________, 2012.

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Spero

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seph C.
Judge Jo

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________________________________________
THE HONORABLE JOSEPH C. SPERO
Magistrate Judge, United States District Court
for the Northern District of California
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[PROPOSED] ORDER RESOLVING
SUBPOENAS
NO. CV 11-5510 (JCS)