Document 2RJB21gY7ObgB2GRN2Yv403ga

Pitney, Hardin, Kipp & Szuch ROBERTP HAZLEHURST, JR CHARLES R HARDIN. JR ROGER C WARD JAMES C PITNEY WILLIAM D HARDIN CLYDE A SZUCH S JOSEPH FORTUNATO DAVID J CONNOLLY. JR WILLIAM H HYATT. JR LAWRENCE F REILLY MURRAY J LAULICHT ROBERT C NEFF EDWARD P LYNCH GERALD C NEARY JOSEPH LUNIN RICHARD L PLOTKlN TIMOTHY R, GREINER ROBERT L HQLLINGSHEAD FREDERICK L WHITMER GREGORY C PARLIMAN ROBERT G ROSE Patrick j McCarthy JAMES E TYRRELL. JR JOSEPH H, KOTT MARY LOU PARKER PAUL E GRAHAM J MICHAEL NOLAN, JR WARREN J CASEY KEVIN J. O'DONNELL GLENN C GEIGER DENNIS R LA FIURA GAIL H ALLYN HENRY NELSON MASSEY DENNIS T KEARNEY KENNETH J. NORCROSS PARTNERS JOHN BARKER 0? counsel JANE H HARDIN EVELYN R STORCH COUNSEL JOHN O. H. PITNEY (1902-1926) JOHN n. HARDIN (19021940) RECEIVED MAY 0 9 $S9 J. ft r; aco 6-1 tj -cr- j Cff-/L 163 MADISON AVENUE P.O. BOX 194-5 MORRISTOWN, NEW JERSEY 07962-1945 MORRISTOWN (201) 267-3333 NEW YORK (212) 926-0331 NEWARK (SOI) 623-1960 TELEX 642014 TELECOPIER (201) 267-3727 NEWARK OFFICE 33 WASHINGTON STREET NEWARK. NEW JERSEY 07102 May 2, 1989 Betty-Lynn White, Esq. Union Carbide Corporation Law Department E3-274 39 Old Ridgebury Road Danbury, Connecticut 06817-0001 RCE|v MAY 03 1989 a L. WHITE Re: Peterson v. Union Carbide Corporation Dear Betty-Lynn: As you know, the plaintiffs' motion for leave to file an Amended Complaint in this matter was scheduled for argument on Friday, April 28, 1989. It had been scheduled for a ruling on the papers, but Judge Breitkopf, who is the Assignment Judge for Middlesex County, directed counsel to appear for an oral argument. Although I personally was unable to attend, my partner, Paul Graham, appeared to argue our position in opposition to plaintiffs' application. Judg^. Breitkopf ultimately granted the plaintiffs' application and indicated that the matter will be listed for trial in September 1989. In that regard, you will be receiving a copy of Paul's letter and the form of Order reflecting the Court's determination. Basically, Judge Breitkopf indicated that he was granting the requested relief because he did not believe that the plaintiffs should be penalized as a result of their counsel's lackadaisical handling of this matter. Indeed, he recognized that the issue as to the presence of other chemicals had been PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 088721 r'lTNey, Hardin, Kipp & Szuch Betty-Lynn White, Esq. May 1, 1989 Page 2 raised in our answers to interrogatories approximately one year ago and that the plaintiffs' attorneys had failed to react in a timely fashion to the objections which we raised at that time. He further added that the reason for his requiring counsel to appear for argument on this motion was to permit him to express his displeasure with plaintiffs' counsel's having waited such a long period of time to act on this issue. Obviously, if you have any questions concerning the above, you should not hesitate to telephone me. In the interim, I will advise you as to any further developments. Very truly yours, /SJ RLH:kau ROBERT L. HOLLINGSHEAD privileged and "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 088722 til Vr ' ( SjyfZ*--?*- Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE P O, BOX 1943 MORRISTOWN. N J 07960-045 (201) 267-3333 Attorneys for Defendant JOHN PETERSON and SHIRLEY MAE PETERSON, his wife. Plaintiffs, -vsUNION CARBIDE CORPORATION, etc., Defendant. SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO. L-060148-87 Civil Action ORDER GRANTING MOTION TO AMEND COMPLAINT This matter having come before the Court on the application of Levinson, Axelrod, Wheaton & Grayzel for an Order granting leave to amend the Complaint in this matter, in the presence of Pitney, Hardin, Kipp & Szuch on Friday, April 28, 1989, and the Court having considered the papers submitted in support of and in opposition to this motion, and for good cause Paving been shown, IT IS on this day of May, 1989, ucc 088732 ORDERED that leave is granted to amend the Complaint in the form submitted with the Notice of Motion; and it is FURTHER ORDERED that this matter shall be removed from the trial list of May 8, 1989; and it is FURTHER ORDERED that this matter shall be listed for trial on the first available trial date in September 1989. HERMAN L. BREITKOPF, J.S.C. Ucc 088733 g -S ) Pt f N f, nARDlN. KIPP ft sZbCh 1 63 MADISON AVENUE. MORRISTOWN N J 07960 RECEIVED MAY 03 1989 B. L WHITE Hay 1, 1989 Honorable Herman L. Broitkopf Assignment Judge Middlesex Comity Court House 1 Kennedy Square Bee Brunswick, Hew Jeraey 08903 Hei Peterson v. Union Carbide Corporation Docket Mo. L-MC-060148-87 Dear Judge Breitkopft Encloeed, please find the original and two c pies of a fan of Order relative to four Honor's determination on plaintiffs* motion to amend the Complaint in this matter. That matter was heard by Tour Honor on Friday, April 28, 1989. By copy of this letter 1 am providing a copy of the enclosed f rm of Order to counsel fox plaintiff and, should tour Honor not receive any written objection to the form of the enclosed Order within five days, X would appreciate it if Your Honor would execute the original and copies of the Order, returning one copy thereof to me in the enclosed, self-addressed, stamped envelops. Thank you for your attention to this matter. Respectfully yours. PAUL E. GRAHAM FEGikau Enclosures oci Alfred A. Levinson, Esq. (w/enc.) beet Betty-Lynn White, Esq. (w/enc.) UCC 088734