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ENERGY MANAGEMENT SERVICES, LLC DOCKET NO.

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VERSUS NINTH JUDICIAL DISTRICT COURT

THE CITY OF ALEXANDRIA, LOUISIANA PARISH OF RAPIDES, LOUISIANA

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NOTICE OF RECORDS PRODUCTION DEPOSITION

TO: CLECO EVANGELINE, LLC; CLECO MIDSTREAM RESOURCES, LLC;


CLECO GENERATION SERVICES, LLC; CLECO TRADING &
MARKETING, LLC; CLECO CORPORATION; and CLECO POWER, LLC
Through its agent for service of process,
Mark Pearce
2030 Donahue Ferry Road
Pineville, LA 71360

PLEASE TAKE FURTHER NOTICE that the deponent, CLECO EVANGELINE, LLC;

CLECO MIDSTREAM RESOURCES, LLC; CLECO GENERATION SERVICES, LLC;

CLECO TRADING & MARKETING, LLC; CLECO CORPORATION; and CLECO POWER,

LLC is required, pursuant to this Notice of Deposition and the subpoena duces tecum issued

herewith, to produce at JOHNSON, SIEBENEICHER & INGRAM, 2757 Highway 28 East,

Pineville, LA 71360, to inspect and copy on or before September 17, 2010, all documents set

forth in Exhibit A in the possession, custody or control of CLECO or its agents, representatives,

assigns or successors.

NOTE: THIS IS A RETURN ON A SUBPOENA DUCES TECUM


FOR THE PRODUCTION OF RECORDS ONLY.

NO ORAL TESTIMONY IS REQUIRED IF PRODUCTION


IS MADE PRIOR TO THE SCHEDULED DEPOSITION BY
MAILING A CERTIFIED COPY OF THE RECORDS TO
JAMES H. GIBSON, ALLEN & GOOCH, P. O. BOX 81129,
LAFAYETTE, LA 70598-1129.

Respectfully submitted,
JOHNSON, SIEBENEICHER & INGRAM

__________________________________________
MICHAEL T. JOHNSON #14401
S. AARON SIEBENEICHER #23301
2757 Highway 28 East
Pineville, LA 71360
P.O. Box 648
Alexandria, La. 71309
Business Phone: (318) 484-3911
Business Fax: (318) 484-3585

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AND

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ALLEN & GOOCH
A Law Corporation

______________________________________
JAMES H. GIBSON #14285
DAVID J. AYO #28868
2000 Kaliste Saloom Rd Suite 400
Lafayette, LA 70508
P. O. Box 81129
Lafayette, LA 70598-1129
Direct Dial 337-291-1300
Direct Fax 337-291-1305
COUNSEL FOR ENERGY MANAGEMENT
SERVICES, L.L.C.

EXHIBIT A

DEFINITIONS

For purposes of this written discovery the list of definitions below shall

apply to be used by the person responding to these requests for production

of documents.

A. "Communication" is a transmission from one person to another or in


the presence of another, whether written or oral, telephonic, electronic,
or by any other means.

B. “Defendant(s)” shall mean THE CITY OF ALEXANDRIA, LOUISIANA.


"Describe" or "specify" means the following unless additional
information is requested in a given interrogatory:
1. Describe fully and in detail by reference to underlying facts rather
than reference to ultimate facts or conclusions of fact or law;
2. Where applicable, particularize as to (i) time, (ii) place, and (iii)
manner;
3. When one or more persons are involved in the activity or action
described, identify said person; and
4. Set forth all relevant facts necessary to the complete
understanding of the act, process, event, or thing in question.

C. As used herein, the terms "document" and "documents" shall be used


in their broadest sense and shall mean and include all written, printed,
typed, recorded, electronic or graphic matter of every kind and nature,
whether an original or a copy, including all attachments and
appendices thereto. Without limiting the foregoing, the terms
"document" and "documents" shall include all agreements, contracts
(meaning the written reflection of terms of an agreement),
communications, correspondence, business or other plans, letters,
hand or typewritten notes, telegrams, telexes, messages, memoranda,
reports, books, summaries or other records of meetings, conferences
or interviews (whether the same was in person, by telephone, by
electronic means, or otherwise), summaries or other records of
personal conversations (whether in person, by telephone, by electronic
means, or otherwise), minutes or summaries of other records of
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negotiation, web pages, contents of your website, discussions or
communications, other summaries, diaries, diary entries, phone
messages, document drafts, calendars, appointment books, visitor
records, time records, instructions, work assignments, forecasts,
statistical data, statistical statements, financial statements,
worksheets, workpapers, drafts, graphs, maps, charts, tables,
accounts, analytical records, consultants' reports, appraisals, bulletins,
brochures, pamphlets, circulars, trade letters, press releases,
telephone bills or records, bills, statements, invoices, receipts,
cancelled checks, bank statements, lists, envelopes or folders or
similar containers, notes, notices, marginal notations, notebooks,
records of obligations and expenditure, lists, journals,
recommendations, files, printouts, compilations, tabulations, analyses,
studies, surveys, transcripts of hearings, transcripts of testimony,
microfilm, microfiche, articles, tape or disk recordings, sound
recordings, video recordings, film, tape, photographs, punch cards,
programs, data compilation from which information can be obtained,
including matter in data processing and other printed, written,
handwritten, recorded, stenographic, computer generated, computer
stored or electronically stored matter however and by whomever
produced, prepared and reproduced, disseminated or made. The terms
"document" and "documents" shall include all copies of documents by
whatever means made, except that where a document is identified or
produced, identical copies thereof which do not contain any markings,
additions or deletions different from the original need not be
separately identified or produced. "Document" or "documents" means
and includes all matter within the foregoing description that is in your
possession, control or custody, or in the control or custody of any of
your attorneys, agents, consultants, certified public accountant, or
other representatives. Without limiting the term "control", a document
is deemed to be within your control if you have ownership, possession
or custody of the document, or the right to secure the document or
copy thereof from any person or public or private entity having
physical possession thereof.

D. "Identify" or "identify and describe," or any variation thereof, means


the following unless additional information is requested in a given
interrogatory:

1. With respect to a natural person, the person's full name, present


employer, title, job description, business and home addresses and
telephone numbers, and his relationship with the adverse party;

2. With respect to a person other than a natural person, including any


business entity, include its name, its address (all business
addresses), its principal place of business, its date and place of
incorporation, if applicable, the nature or form of the organization,
e.g., corporation, limited partnership, joint venture, etc., and its
chief executive officer;

3. With respect to a "document", state its title, author, addressee,


recipient, date, subject matter or general nature, form of the
document (i.e., letter, telegram, teletype, written memorandum, or
any other form) present location and custodian. Such documents
should be so identified whether or not such documents are in your
possession or the possession of your counsel and whether or not
the document is claimed to be privileged. In lieu of identifying any
documents, copies thereof may be attached and referenced as
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exhibits to your answers;

4. With respect to oral statements or communications, state the


maker, recipient, when made, where made, the persons present
when the communication was made, the mode of the
communication (i.e., telephone conversation, face-to-face
discussion, or any other mode of communication, verbal or
otherwise), and the subject matter, substance, content and date of
the communication;

and

5. With respect to a meeting, conference, conversation or discussion,


state its place, date, the individuals present, including their
business affiliations and titles, the subject matter discussed, the
substance and content of any discussion, whether any documents
describing, reflecting or referring to such a meeting exist or ever
existed, and the identifying data relating to such documents.

E. "Person" means the plural as well as the singular and includes, without
limitation, any natural person as well as any firm, corporation,
unincorporated association, partnership or other form of legal entity
unless the context clearly indicates otherwise.

F. The “Petition” shall mean the Petition for Damages filed herein.

G. “Plaintiff” shall mean ENERGY MANAGEMENT SERVICES, L.L.C.

H. The term “you” or “your” shall refer to THE CITY OF ALEXANDRIA,


LOUISIANA, including your employees, officers, directors, agents,
contractors, or any of your other representatives.

I. The term “Cleco” shall refer to Cleco Corporation, Cleco Power, LLC,
Cleco Marketing and Trading, LLC, Cleco Generation Services, LLC,
Cleco Midstream Resources, LLC, and Cleco Evangeline, LLC.

J. “Cleco Litigation” shall refer to The City of Alexandria v. Cleco


Corporation, et al, Civil Action No. 05-CV-1121-A, United States District
Court, Western District of Louisiana.

Deponent is hereby required to produce the following documents:

1. Any and all correspondence, documents, minutes, data or emails

from CLECO (or any agent, attorney, representative, or employee on

its behalf) to the City of Alexandria (or any agent, attorney,

representative, or employee on its behalf) relating in any fashion to

the matter captioned The City of Alexandria v. Cleco Corporation, et

al, Civil Action No. 05-CV-1121-A, United States District Court,

Western District of Louisiana.

2. Any and all correspondence, documents, minutes, data or emails to

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CLECO (or any agent, attorney, representative, or employee on its

behalf) from the City of Alexandria (or any agent, attorney,

representative, or employee on its behalf) relating in any fashion to

the matter captioned The City of Alexandria v. Cleco Corporation, et

al, Civil Action No. 05-CV-1121-A, United States District Court,

Western District of Louisiana.

3. Any and all documents (including but not limited to notes,

correspondence, minutes, memoranda and emails) relating or

referring in any manner to ENERGY MANAGEMENT SERVICES, LLC.

4. Any and all correspondence, documents, minutes, data or emails

prepared or provided by you (or any agent, attorney, representative,

or employee on its behalf) to the City of Alexandria (or any agent,

attorney, representative, or employee on its behalf) for purposes of

negotiation and settlement of the matter captioned The City of

Alexandria v. Cleco Corporation, et al, Civil Action No. 05-CV-1121-A,

United States District Court, Western District of Louisiana.

5. Any and all correspondence, documents, minutes, data or emails

directed/sent to you (or any agent, attorney, representative, or

employee on its behalf) from the City of Alexandria (or any agent,

attorney, representative, or employee on its behalf) for purposes of

negotiation and settlement of the matter captioned The City of

Alexandria v. Cleco Corporation, et al, Civil Action No. 05-CV-1121-A,

United States District Court, Western District of Louisiana.

6. Any and all audits, documents, minutes, studies and/or analyses

prepared by any accountant, accounting firm, auditor, auditing firm,

and/or analyst of any kind pertaining to damages involving the

matter captioned The City of Alexandria v. Cleco Corporation, et al,

Civil Action No. 05-CV-1121-A, United States District Court, Western

District of Louisiana.

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7. All correspondence, documents, minutes, data, emails, and files in

any way related to the matter captioned The City of Alexandria v.

Cleco Corporation, et al, Civil Action No. 05-CV-1121-A, United

States District Court, Western District of Louisiana.

8. The settlement agreement(s) between CLECO and the City of

Alexandria in the litigation captioned The City of Alexandria v. Cleco

Corporation, et al, Civil Action No. 05-CV-1121-A, United States

District Court, Western District of Louisiana.

9. Any and all correspondence, documents, minutes, data and emails

between CLECO (or any agent, attorney, representative, or

employee on its behalf) and the City of Alexandria (or any agent,

attorney, representative, or employee on its behalf) in any fashion

to the claims against CLECO in the matter captioned The City of

Alexandria v. Cleco Corporation, et al, Civil Action No. 05-CV-1121-A,

United States District Court, Western District of Louisiana.

10. Any and all correspondence, documents, minutes, data and

emails between CLECO (or any agent, attorney, representative, or

employee on its behalf) and the City of Alexandria (or any agent,

attorney, representative, or employee on its behalf) in any fashion

to the settlement of the claims against CLECO in the matter

captioned The City of Alexandria v. Cleco Corporation, et al, Civil

Action No. 05-CV-1121-A, United States District Court, Western

District of Louisiana.

11. Any and all correspondence, documents, minutes, data and

emails (including but not limited to notes, correspondence,

memoranda and emails) in your possession relating or referring in

any manner to ENERGY MANAGEMENT SERVICES, LLC..

12. Any and all documents which in any way reflect or analyze the value of the

settlement agreement reached between Cleco and the City of Alexandria of the

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litigation styled The City of Alexandria v. Cleco Corporation, et al, Civil Action No.

05-CV-1121-A, United States District Court, Western District of Louisiana.