Document 82QMXQjRrNkrON8V3y3Yxov4a
Telephone: (702) 385-4202
BRADLEY & MERRELL
c/o Jones, Jones, Close & Brown
300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026
Fax: (702) 385-1655
July 15, 1993
Sue Fogelboch Nevada Power Company 6226 West Sahara Ave. Las Vegas, NV 89102
Re: Nevada Power Company v. Monsanto Company, et al. ' USDC, District of Nevada Case CV-S-89-555-LDG (LRL)
Dear Sue,
Enclosed is Exhibit A from Ted Whisler's deposition as you requested for Nevada Power's response to Bruce Featherstone's July \ 12, 1993 request.
enclosure DNM:bms
dxun\nvpowcr\cor\fogciboc.l02
Sincerely, BRADLEY &
DEBORAH N. MAILNDER
P : \USERS\mM\NVP0UER\
07/15/95 15:39
3 0 3 291 3334
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KIRKLAND & ELLIS
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Bruce A, Featherstone
KIRKLAND 8. ELLIS
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
1999 Broadway Derivar, Colorado D202
303 281-3300
July 15, 1993
Facsim ile: 303 291-3300
VIA TELECOPY - COVER LETTER VIA FEDERAL EXPRESS - LETTER AND ENCLOSURES Paul E. Merrell, Esq. Bradley & Merrell c/o Jones Jones Close & Brown 300 So. Fourth St., 7th Floor Las Vegas, NV 89101-6026
Re: Nevada Power v. Monsanto, et al
Dear Paul;
Dr. Kelly continues to be unavailable for testimony for medical reasons.
We have had discussions regarding Monsanto's response to plaintiff's Rule 30(b)(6) Notice to Monsanto for corporate witnesses on Monsanto's notice or knowledge of "any and all alleged potential, or actual hazards11 of PCBs (Attachment A ) . We are enclosing a copy of Dr. Kelly's testimony from the litigation entitled Glenn Brown v. Monsanto, which we are proposing to use as a partial response to Attachment A.
Please review the enclosed transcript promptly and advise whether you will accept this deposition testimony. We will then discuss the particulars.
I may also wish to offer portions of this testimony for Monsanto's partial response to plaintiff's Rule 30(b)(6) Notice re IBT, recently served (Attachment B ) . This Notice has been modified by Mr. Bradley, and as modified, is an exhibit to the transcript for Dr. Levinskas. I have not seen the exhibit, but I believe Attachment B, as attached, reflects Ralph's changes.
Thank you
Very truly yours
BAF/pat end.
Bruce A. Featherstone
Chicago
Los Angeles
New York
Washington D.C.
93 15:39
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KIRKLAND & ELLIS ^k
ATTACHMENT A
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1 ATTACHMENT A 2 Produce the person(s) most knowledgeable about your company':
3 (or Its predecessors' in interest) dates and substance of it
4 acquisition of notice and/or knowledge at any time about an
5 concerning any and all alleged, potential, or actual hazards o
6 polychlorinated biphenyls or monochlorinated biphenyls, vhethe
7 denominated by those terms or by any other terms having the sam
8 meaning*
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i &7- 2-83 ; 4=04PM : BRADLEY AND MEF- AL-
ATTACHMENT B
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ATTACHMENT "A"
Produce the person(s) nost knowledgeable who can testify regarding the following subject natter:
Monsanto's hiring of Industrial BioTest Laboratories (IBT) in whatever capacity (for example, as employer to employee, principal to agent, etc.} to conduct research on Monsanto products, particularly polychlorinated biphenyl compounds (f c b b ) .
Monsanto's knowledge of inaccuracies in reports of the conduct of teste regarding PC3 compounds produced by Monsanto and Its health effects from industrial BioTest Laboratories, and the reasons for such inaccuracies.
Monsanto's knowledge at any t i m ^ o f conditions at IBT and the reliability of studies conducted by IBT.
Monsanto's hiring of Industrial BioTest employees after their termination (voluntary or Involuntary) from Industrial BioTest.
Monsanto's discussions of proposed experiments and experiments actually conducted by Industrial BioTest concerning PCB compounds produced by Monsanto.
Monsanto's reviews of experiments conducted by i b t on Monsanto's PCB products and their results.
Communications between Monsanto and IBT regarding experiments and reports thereon conducted on FCBs.
Communications between Monsanto and government agencies
concerning PCB studies performed for Monsanto at IBTUand similarly1
dosigned-ctudiea performed by ofchcriy
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