Document 08ZOyGwOOGJK6oY0nvXY2b0d
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Telephone: (702) 385-4202
cB/oRJAonDesL, EJoYnes&, CMloEseR&REBrLowLn
300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026
Fax: (702) 385-1655
July 12, 1993
Via Fax . Konrad Cailteux, Esq (212) 310-8007
Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL)
Dear Konrad,
Enclosed are the references to dioxin and furan documents .mentioned in the Bair/Bickerstaff memos and related documents which you and Paul discussed during this afternoon's phone conference. Footnote 2 to our response brief lists several documents which Westinghouse has provided in response to Nevada Power's motion for default. The footnote refers to documents some of which to our knowledge have not been produced. For example, we have not seen any dioxin-furan health hazard training documents. Please let us know the bates numbers of these documents if they h a v e been provided, or alternatively when they will be provided.
Sincerely,
BRADLEY & MERRELL
I
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DEBORAH N. MAILNDER
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1 J. RANDALL JONES, ESQ. CHARLES H. McCREA, S R . , ESQ.
2 DOUGLAS M. COHEN, ESQ. JONES, JONES, CLOSE
3 & BROWN, CHARTERED 700 Bank of America Plaza
4 300 South Fourth Street Las Vegas, Nevada 89101-6026
5 Telephone: (702) 385-4202
6 RALPH A. BRADLEY, ESQ.
PAUL E. MERRELL, ESQ. 7 BRADLEY & MERRELL
C / O JONES, JONES, CLOSE 8 & BROWN, CHARTERED
700 Bank of America Plaza 9 300 South Fourth Street
Las Vegas, Nevada 89101-6026 10 Telephone: (702) 385-4202
11 Attorneys for Plaintiff NEVADA POWER COMPANY
12 a Nevada corporation
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13
14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
15
16 NEVADA POWER COMPANY, etc., 17 Plaintiff, 18 vs. 19 MONSANTO COMPANY, etc., et al., 20 Defendants. 21
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CASE CV--S--89-- 555--LDG (LRL)
RESPONSE OF PLAINTIFF NEVADA POWER COMPANY TO MARCH 22, 1993 MOTION OF WESTINGHOUSE ELECTRIC CORPORATION FOR PROTECTIVE ORDER
22 Plaintiff Nevada Power Company ("Nevada Power") replies to the
23 "Motion of Westinghouse Electric Corporation for Protective Order"
24 (hereafter, "Westinghouse motion"), served March 22, 1 993".1 The
25
1 The Westinghouse Motion incorporates major portions of 26 Westinghouse's "response to Nevada Power Company's motion for entry
of default against defendant Westinghouse Electric Corporation for 27 malicious destruction of 'smoking gun ' evidence to prevent its
disclosure in litigation," and of Westinghouse's "response [sic] 28 Westinghouse Electric Corporation's response to plaintiff's March 22,
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1 page 1. EXHIBIT n4 n was not before the Texas Court, but clearly 2 carries the proof beyond mere planning into actual destruction of 3 evidence. . . . 4 See id. (Westinghouse Industrial Hygiene staff "are currently 5 discarding documents").
6 Thus, Nevada Power has presented a prima facie case of
7 evidence destruction, shifting to Westinghouse the burden of 8 proving that the evidence was not destroyed. As only one example 9 of the importance to this case of the Westinghouse evidence slated
10 for destruction, those documents specifically included "dioxin11 furan health hazard training" procedures and guidelines issued by 12 Westinghouse for protection of its own workers, documents extremely 13 relevant to Nevada Power's causes of action sounding in failure to 14 warn and in fraud by omission. EXHIBIT "l" at page 5.2 15 The lengths to which Westinghouse will go in order to 16 keep such evidence away from Nevada Power is illustrated by th 17 troubling omission of the dioxin-furan procedure document -- 18 specifically identified as a tabbed appendix to the "smoking gun" 19
20
21 2 See also Appendix 1 in support of Westinghouse Electric Corporation's response to Nevada Power Company's motion for entry of
22 default, pages WIH 0127 (Westinghouse attorney notes describing at least two file cabinet drawers that contained information on
23 dioxins) (top drawer contained "literature file re dioxins, training books;" third drawer contained "various doc's re training in handling
24 of various chemicals (dioxin, etc.)); health hazard"); WIH 0249 (drawer contained "training manuals -- 'dioxin/furan health h a z .
25 training"); WIH 0280 (22-page document at issue included as "Tab 7 -- Procedure doc -- 'dioxin-furan,..."); WIH 0314 (2nd file drawer in
26 cabinet contained "Literature references on chemical substances, i.e., . . . dioxin"); WIH 0320 ("File: i.e., dioxin/furan health
27 hazard training" next to "File PCB: i.e., investigation & control of contamination from transformer incidents"); and WIH 0361 (safe
28 practice data sheet D-5 for "dioxins"). 6
BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED
Seventh Floor -- Bank of America Plaza 300 South Fourth Street
Las Vegas, Nevada 89101-6026 (702) 385-4202
MESSAGE FROM XEROX 7024: (702) 385-1655
DATE:
"T" / v /'V
/7
TO: KoC
FAX #: PHONE #:
FROM:
CLIENT/MATTER:
Nevada Power v. Monsanto
CLIENT/MATTER NO.: 11927.2
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i __________________________________ . k.
B R A D L E Y &. M E R R E LL JO N ES, JONES, CLOSE & BROW N. CHARTERED
Seventh Floor -- Bonk of America Plaza 3 0 0 SoutIt Fourth Street
Las Vegasr Nevada 8 9 1 0 1 - 6 0 2 6 (7021 3 8 5 - 4 2 0 2
M E S S A G E F R O M X E R O X 7 0 2 4 : <7Qg) 355^-1 5 5
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FROM:
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F A X IF: PH O N E IF:
CLIENT/MATTER;
Nevada Power v. Monaant
CLIENT/M ATTER NO.;
11927.2
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