Document 4v6RELR4pB5q9Np7Jk14EOX5V

FROM BAKERBOTTSLLP OHS INFO- Fax Received: 07/30/2002 12:27PM * Pg 2/6 (TUE) 7.30'02 1 1:30/ST. 11:28/NO. 4860402333 P 2 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION KELLY-MOORE PAINT COMPANY, INC. v. THE DOW CHEMICAL COMPANY, UNION CARBIDE CORPORATION, COOPER INDUSTRIES, INC., AND THE FLINTKOTE COMPANY C.A. No. 02-CV-00477-G JURY UNION CARBIDE CORPORATION'S NOTICE OF ORAL DEPOSITION AND CERTIFICATION IN SUPPORT OF NOTICE To: Plaintiff, Kelly-Moore Paint Company, Inc., through its attorney of record, W. Mark Lanier, The Lanier Law Firm, P.C., 810 F.M. 1960 West, Houston, Texas 77069. Please take notice that, under Federal Rule of Civil Procedure 30(a)(2)(c), defendant Union Carbide Corporation ("Union Carbide") will take the oral deposition of Ian Sayers on Friday, August 2, 2002, at 9:00 a.m. E.D.T., at the offices of Orrick, Herrington &. Sutcliffe, L.L.P. 666 Fifth Avenue, New York, NY 10103-001. The deposition will be videotaped and recorded stenographically. Union Carbide has filed this notice pursuant to Federal Rule of Civil Procedure 30(aX2)(c) which provides that a party may seek to take a deposition before the time specified in Rule 26(d) provided "the notice contains a certification, with supporting facts, that the person to be examined is expected to leave the United Sates and be unavailable for examination in this county unless deposed before that time." Fed. R. Civ. P. 30(a)(2Xc), see Greenwell v. Raytheon Aerospace, Inc., C.A. No. 95-2138, 1996 WL 325593, at *1 (E.D. La. June 13, 1996) (stating that plaintiff had noticed the i