Document 15zB55xLZVdmwmmN7wDa3nnkm

MEMORANDUM TO: John Kim FROM: Deborah Mailander RE: Monsanto 30(b)(6) depositions DATE: August 5, 1993 On July 23, 1993 Magistrate Judge Leavitt granted Monsanto's verbal motion to compel 30(b)(6) depositions. I have spoken with Sue Fogelboch of Nevada Power regarding potential Nevada Power witnesses on the noticed subjects (see attached August 2, 1993 memo). One deposition will cover property damage and the defendants' economic loss defense. The second deposition will cover representations made by Monsanto to Nevada Power and Nevada Power's reliance on those representations. The second deposition is warrants close discussion with Nevada Power personnel because Monsanto will try to show that it can not be held liable because there was little or no direct contact between Nevada Power and Monsanto. However, our theory depends on Monsanto's fraud on third parties (including Westinghouse and General Electric), government agencies, and the public as a whole. It is this campaign of misinformation on which Nevada Power relied. Sue has suggested that it would be worthwhile to meet with Nevada Personnel to select an appropriate deponent and to discuss the depositions with those who will be testifying. I understand that Denise from your office has decided not to appeal the July 23rd order, so presumably these depositions will go forward within the next week or two. MEMORANDUM - Confidential and privileged TO: Paul Merrell CC: John Kim FROM: Deborah Mailander RE: Designation of Deponents for Monsanto*s 30(b)(6) Notices DATE: August 2, 1993 just spoke with Sue Fogelboch regarding Nevada P o w e r 's selection of deponents for Monsanto*s 30(b)(6) depositions. For the economic loss/property value deposition they will designate Nancy Donner. Property damage relates to volumes C, F, and possibly one or two more of the damages. She will testify to property damages to pole yards, soil, gloves, etc. . . Most of the documentation, ie work orders, have already been provided to defendants. Su will find out the range of bates numbers so that Nancy can provide that information. As to the designation regarding representations made by Monsanto to Nevada Power and reliance thereon, we need to do some brain-storming. Sue referred me to her July 22, 1993 letter to you. Gordon Smith and Steven Claeys and Wally Henson had contact with Westinghouse and/or GE. However, Sue spoke with these guys and they had no knowledge or interest in who manufactured the fluid or what Monsanto*s involvement was. Gordon Smith is unavailable until after august 9, 1993. Sue suggested we meet with Gordon and Steve to seek what we can come up with to counterbalance Monsanto *s position that there was no communications. There may be some facts consistent with the third party fraud that can be worked into responses. 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 M E S S A G E F R O M X E R O X 7024: (702^ 385-1655 DATE: TO: John H. Kim, Esq. FAX #: (713) 654-5070 P H O N E #: (713) 654-4433 FROM: Paul E. Merrell C L1 EN T /M A T T ER : ( Nevada Power v. Monsanto C L IE N T /M A T T E R NO.: 11927.2 DO CUM ENT(S) DESCRIPTIO N: fV T (h a \r ' P eh6 re: f'70nS*'>n J N U M B E R OF P A G E S (including cover page): MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE A D D R ESSEE NAMED A BO V E iT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IFYOU HAVE RECEIVED THE TELECOPY IN ERROR. PLEASE NOTIFY U S IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES. AND DO NOT DISSEM INATE THE INFORMATION TO AN YO N E THANK YOU FOR YOUR A SSIST A N C E IF YO U E X P E R IE N C E P R O B L E M S WITH THIS T R A N S M ISS IO N , please call (702) 385-4202 and ask for: Randy Andreini, Ext. 615 BRADLEY & M ERRELL JONES, JO MESi, C L O SE & BROWN, CH ARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Lac Vegss, Nevfide 09101-6026 (702) 385-4202 M E S SA G E FROM X E R OX 7024: (7021 385-1SSS DATE: S' ^7^________ TO: John H. Kim, Esq. FAX # -. (71 3) 654-5070 PHONE # : (713) 654-4433 PROM: Paul E. Morrell CLIENT/MATTER: Nevada Power V. Monsanta CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: f-~ / S -rlr cA-> NUMBER OF PAGES (including cover page): MESSAGE: ? EE WHMFTIAOOVC IT NWWCONTMN INFOniMTKM THAT IB ITWETQJSGOrV IN i--i r^OMl -Ifu s ESUUilSMTELy HONE,DEThOYAU.COPICE,ANDpoNOTEMSSEMINATCTHrMTORMATIONTOAMVOSIE. THANKYOUKOH IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4-202 and aak for: Randy Andreini, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT TOTAL PAGES SCANNED : 9 TOTAL PAGES CONFIRMED : 9 * * * SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 KIM 8- 5-93 3:18PM 3'18" 9/ 9 COMPLETED 9600 TOTAL 0:03'18" 9 NOTE : No. OPERATION NUMBER 4-8 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD R1 RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY