On August 13, 2014, a hearing was held before The Honorable Christopher S. Sontchi in the United States Bankruptcy Court for the District of Delaware in In re: Energy Future Holdings Corp., et al, 14-10979 (CSS). At that hearing, inter alia, Judge Sontchi was asked to rule on a discovery protocol and certain discovery disputes regarding a 2004 motion. As part of his ruling, Judge Sontchi stated on the record:
"I'm thinking of issuing a flurry of opinions…once a year. I let people know what I think. And I noted the other day, three out of the last five have been discovery matters. So it's what we do. It's part of the job."
The Court was discussing the increasing number of discovery disputes it is being called upon to decide. Specifically though, the Court was referring to a one-week period between August 8 and August 14, 2014, during which Judge Sontchi issued six separate opinions, a majority of which dealt with discovery disputes in bankruptcy litigation. As these discovery disputes become more commonplace in the bankruptcy arena, Polsinelli provides in chronological order a summary of Judge Sontchi's "flurry of opinions."
In this first part of a three-part series, Bankruptcy and Financial Restructuring Practice Co-Chair Chris Ward, Shareholder Todd Bartels and Associate Shanti Katona analyze separate discovery disputes from In re: Energy Future Holdings Corp., et al, and In re: Newstarcom Holdings, Inc. et al.
To view the complete analysis of both decisions, please click here.