Opinion
August 22, 2005
On behalf of Stiles A. Kellett, Jr., a former WorldCom director and defendant in numerous pending cases before the Court, we are writing to request an extension of the 25-page limit for a memorandum of law in support of a motion that we anticipate filing later this month. The motion addresses a dispute concerning MCI's assertion of the attorney-client privilege and work-product protection ("Counsel Privileges"). Mr. Kellett has sought unsuccessfully to resolve the matter informally with MCI. We believe, moreover, that the motion should be filed and considered now in light of the status of pending cases.
We respectfully submit that the multiplicity of issues raised by the dispute, the extensive relevant evidence, consideration of the legal authorities and the importance of the material subject to the motion to Kellett's defense make necessary an extended brief not to exceed 60 pages.
The relevant facts and supporting evidence describe a series of events from September 2000 to January 2004, with additional events in June and July 2004. Among the grounds for our motion is our position that the Counsel Privileges have been irrevocably waived. Because determination of waiver of Counsel Privileges is subject to fact-intensive inquiry, it is necessary to set forth many of the facts in detail. Moreover, as there are multiple grounds for the motion, a comprehensive presentation of the facts and law is the most efficient and effective means for considering and deciding the motion.
For the foregoing reasons, we respectfully request an extension of the page limit to permit the filing of a brief of no more than 60 pages in length.