"With regard to production of documents requested by ED in its January 2014 letter, the Company has delivered to ED in electronic or paper format the equivalent of more than 1.2 million pages of responsive data, and has expended substantial resources in doing so. From June 13, 2014 to July 15, 2014, the Company produced substantial additional documents to ED. On July 15, the Company sent a letter to ED outlining its response to several areas where ED had indicated it believed it had not received all documents requested. In the July 15 letter, the Company indicated that it had identified very few items that had not been provided, and asked ED to confirm that the Company had substantially completed the production.
On July 23, 2014, the Company received a letter from ED asserting that the Company’s document production to ED on July 15, 2014 was incomplete. In its letter, ED noted that while it appreciated the Company’s efforts to explain its rationale for the scope of the information provided, it disagreed with a number of the claims made by the Company in its July 15 letter and with the Company’s overall assertion that the Company had substantially completed the production due by July 15, 2014. ED provided examples of where it felt the scope of the Company’s information provided was inadequate, and with certain of those examples stated that such examples would appear to be a serious and significant violation of the Company’s document delivery obligations under the July 3, 2014 Operating Agreement with ED."