Document B524BBDQ49EoVr1egLkKmEro

DAVID C. KIERNAN (202)434-5191 WILLIAMlaSw 8offCicOesNNOLLY 725 TWELFTH STREET, N.W. WASHINGTON, D. C. 20005 (202) 434-5000 FAX (202) 434-5029 CONFIRMATION OrisgeinntalbyTrFaancssmiimssilieon EDWARD BENWETT WILLIAMS (102G-I0QB) PAUL R. CONNOLLY <1922-1078) VIA TELECOPY July 30, 1993 Paul E. Merrell, Esq. Bradley & Merrell c/o Jones, Jones, Close & Brown 700 Bank of America Plaza 300 South Fourth Street, 7th Floor Las Vegas, Nevada 89101-6026 RECEIVED AUG - 3 I993 Re: Nevada Power Company v. Monsanto Company, et al.. Case No. CV-S-89-555-LDG-LRL Dear Paul: I have enclosed a revised Stipulation and Order on the expert deposition schedule. The revised stipulation (1) contains a new preamble; (2) provides an additional week for Nevada Power to take depositions of defendants' experts, from October 8 through November 12, 1993, and thus moves the date for the close of discovery to November 12, 1993; and (3) requires Nevada Power to disclose its experts on August 20, 1993. It is understood that none of the parties have had sufficient time to confirm the availability of their respective experts for these new time intervals, and that, if absolutely necessary, special arrangments may have to be made for any expert who might not be available. We also agreed to discuss the possibility of taking these depositions in locations convenient to all counsel. Thank you again for your assistance. DCK/sp cc: Arvin Maskin, Esq. (via telecopy) Bruce A. Featherstone, Esq. (via telecopy) J. Bruce Alverson, Esq. (via telecopy) John L. Thorndal, Esq. (via telecopy) ' .RECEIVED AUG - 3 1333 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA NEVADA POWER COMPANY, a Nevada ) Corporation, ) Plaintiff, ) ) ) v. ) ) MONSANTO COMPANY, a foreign cor- ) poration; GENERAL ELECTRIC COMPANY,) a foreign corporation; WESTING- ) HOUSE ELECTRIC CORPORATION, a ) a foreign corporation; and DOES I ) through XXV, inclusive, ) Defendants. ) ) ____________________________________________________________________________ ) CV-S-89-555-LDG-LRL STIPULATED ORDER RE EXPERT DEPOSITIONS STIPULATION AND ORDER MODIFYING SCHEDULING ORDER ______________ AND LITIGATION PLAN______________ WHEREAS, this Court on April 8, 1993 issued a Scheduling Order and Litigation Plan (Docket Entry 343) with fact deposition discovery scheduled to end Friday, July 23, 1993 and disclosure by plaintiff of its experts on Friday, July 30, 1993; and WHEREAS, the parties have been engaged in extensive fact deposition discovery since the inception of this litigation including approximately 100 depositions, with many of the depositions having been taken since April 8, 1993; and WHEREAS, the parties have recognized that up to twenty-two (22) additional fact depositions need to be taken, and with the Court's prior guidance are in the process of finalizing a stipulated order concerning the twenty-two (22) depositions; and WHEREAS, it was the intent of the April 8, 1993 Scheduling Order and Litigation Plan to have all fact discovery completed before providing expert designations and beginning expert depositions. IT IS, THEREFORE, STIPULATED AND AGREED through undersigned counsel to the following modifications in the Court's April 8, 1993 Scheduling Order and Litigation Plan. 1. Paragraph 6 of the April 8, 1993 Scheduling Order is modified to provide that Plaintiff shall provide Rule 26(b)(4) disclosure of its experts and their anticipated testimony by August 20, 1993. Defendants may depose Plaintiff's experts from August 27, 1993 through October 1, 1993. 2. Paragraph 7 of the April 8, 1993 Scheduling Order is modified to provide that Defendants shall provide Rule 26(b)(4) disclosures of their experts and their anticipated testimony by October 8, 1993. Plaintiff may depose Defendants' experts from October 8, 1993 through November 12, 1993. 3. Paragraph 8 of the April 8, 1993 Scheduling Order is modified to provide that discovery will close on November 12, 1993. Dated: July __, 1993 BRADLEY & MERRELL Dated: July _1993 By: PAUL E. MERRELL RALPH A. BRADLEY 300 South Fourth St., Suite 700 Las Vegas, Nevada 89101 (702) 385-4202 Attorneys for Plaintiff NEVADA POWER COMPANY ALVERSON, TAYLOR, MORTENSON & NELSON 2 Dated: July __, 1993 BRUCE ALVERSON DAVID R. CLAYSON ALVERSON, TAYLOR, MORTENSON & NELSON 3821 West Charleston Blvd. Las Vegas, Nevada 89102 (702) 384-7000 Attorneys for Defendant GENERAL ELECTRIC COMPANY THORNDAL, BACKUS, MAUPIN & ARMSTRONG Dated : By: _____________________________ JOHN L. THORNDAL PEGGY A. LEEN THORNDAL, BACKUS, MAUPIN & ARMSTRONG 1100 East Bridger Avenue Las Vegas, Nevada 89125-2070 (702) 366-0622 Attorneys for Defendants MONSANTO COMPANY and WESTINGHOUSE ELECTRIC CORPORATION IT IS SO ORDERED 1993 Magistrate Judge United States District Court 3