Document 1g1k0Xa9mjoDDbR7kRLMkzZbX

07/08/93 14:52 0 3 0 3 281 3334_________ KIRKLAND & ELLIS______ _____________ KIRKLAND & ELLIS 1999 Broadway Denver, Colorado 80202 (303) 291-3000 Facsimile Machines (303) 291-3300 C A L L (303) 291-3069 IF P A G E S A R E ILLEG IBLE O R TRAN SM ISSIO N IS IN C O M PLETE. TO: Paul E. Herrell COMPANY: Jones, Jones, Close Brown COUNTRY; U S A FROM; DATE: John H. Tat.lock ,July 8 1 9 9 3 NUMBER OF PAGES Including Covar Shoal): FACSIMILE PHONE NO.: VERIFICATION NO.; SENDER'S DIRECT DIAL NO,: GENDER'S FACSIMILE NO* (702) 3 85 -1 6 55 (702) 386-3377 (303) 291-3034 THE INFORMATION CONTAINED INTHIS COMMUNICATION IS CONFIDENTIAL, M AYBE ATTORNEY-CLIENT PRIVILEGED. MAY CONSTITUTE INSIDE INFORMATION, AND IS INTENDED ONLY FOR THE U SE OF THE AD D RESSEE. UNAUTHORIZED USE, DISCLOSURE O R COPYING IS STRICTLY PROHIBITED AND MAY BE UNLAW FUL IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEA SE IMMEDIATELY NOTIFY US AT (800) 832-5040 EXT, 3089 OR (303) 91-3069. MESSAGE: k BRADLEY & MERRELL c/o 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: July 8, 1993 . TO: John Tatlock, Esq. FAX#: (303) 291-3334 PHONE#: (303) 291-3000 FROM: Paul E. Merrell, Esq. CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: Draft Stipulation NUMBER OF PAGES (including cover page): Three (3) MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED THE TELECOPY IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 DATE; J u ly S. 1993 TO: John Tatlock, Esq. FAX: PHONE air: (303) 2 9 1 -3 3 3 4 0 0 3 ) 291-3000 FROM: Paul E. Merrell, Esq. CLIENT/MATTER: Novada Power v. Monsanto, at el. CLIENT/MATTER NO.: 11927.2 POCUMENTCS) DESCRIPTION: Draft Stipulation N U M BER OF P A Q E S (Including cover page): MESSAGE: Three <3) TMiat e l t c o ^v w in t i n o e d o n l y ran m t AoopeM WAMIO oaovc. it m a v g b n t m n woaiATiiTiiT PHwiLat A N D CONMOIMTIAL. MP YOU HMW1 M C O V D TNS TCICGOPT IN IMWin. FUiMt NOTIrY UN IMMGBMTU .AML, DO MOT DUNIMMATC THE INFONMATMN TO AN r n W . TKNMK OU POM VMIN IF YO U EXPERIENCE PR O B LEM S WITH THIS T R A N S M IS S IO N , please call 1702) 3 8 5 -4 2 0 2 and ask for: Robert Osterloh, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 3 TOTAL PAGES CONFIRMED : 3 *** SEND * * * No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 JOHN TATLOCK 7- 8-83 I:25PM 4 '00" 3/ 3 EC COMPLETED 4800 NOTE: No. : OPERATION NUMBER PD : POLLED BY REMOTE MB : SEND TO MAILBOX TOTAL OiOi'UO" 3 4:8 : 4-300BPS SELECTED EC : ERROR CORRECT SF : STORE & FORWARD RI : RELAY INITIATE PG : POLLING A REMOTE MP : MULTI-POLLING G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY 1 . lu STIPULATION * IT IS HEREBY STIPULATED by and between Plaintiff Nevada Power Company ("Nevada Power") and defendant Monsanto ' Company ("Monsanto"), for purposes of the pending action only and to obviate the need for taking Nevada Power's noticed Rule 30(b)(6) deposition regarding Monsanto's market share of dielectric fluids containing PCBs and its sales of such fluids to suppliers of transformers and capacitors other than defendants Westinghouse Electric Corporation ("Westinghouse") and General Electric Company ("GE"), that: A. Monsanto 1. At all times relevant to this lawsuit and prior to 1977 manufactured dielectric fluids containing polychlorinated biphenyls ("PCBs"); 2. Supplied said dielectric fluids containing PCBs to domestic manufacturers of transformers and capacitors ("Domestic Manufacturers") which in turn supplied transformers and capacitors to electric utilities in the United States; 3. Was the sole supplier of dielectric fluids containing PCBs to Domestic Manufacturers which in turn supplied transformers and capacitors to electric utilities in the Unied States? and 4. Was the sole supplier of PCBs contained in all transformers and capacitors that were domestically manufactured or filled and for which Nevada Power is seeking damages, including not only the transformers and capacitors manufactured or supplied by defendants Westinghouse and GE, but also the transformers and capacitors manufactured by all other Domestic Manufacturers. This stipulation is entered into by Monsanto without prejudice to its right to object to use of the stipulation at trial on grounds of relevance or materiality.Because of this stipulation, Nevada Power no longer needs and will not proceed with its noticed Rule 30(b)(6) deposition regarding Monsanto's share of the PCB market and its sales of products containing PCBs to other companies. TO: FROM: RE: DATE: MEMORANDUM Paul Merrell, File Roberta Straub Deponent Jim Zorne July 8, 1993 I just spoke with Sue Fogelboch at Nevada Power about Jim Zorne, noticed for deposition next Friday, July 16, 1993. Mr. Zorne underwent brain surgery in 1988 to remove a tumor. As a result of that surgery, he now suffers long-term memory losses and severe panic attacks, among other things. Upon receiving the notice of subpoena, he suffered a severe panic attack. This gentleman is simply unable to sit through a deposition without suffering from severe medical complications. At present, Sue is working with his doctor's office to get an i statement written and an affidavit ready for signing tomorrow. She would also like for us to try to work with the defendants so that we do not have to move for a protective order on Mr. Zorne. rjs\nvpowei\zoroc.dep