Document B8wRZV6q9oQEYr0OoM7ZMQNgJ
BRADLEY & MERRELL c/0 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: l/cZ6/?3
/OwnTO: %John L Thorndal, Esq.
FAX # :
(702) 366-0327
PHONE # : (702) 366-0622
FROM:
CUENT/MATTER:
Nevada Power v. Monsanto, et al.
CLIENT/MATTER NO.: 11927.2
DOCUMENT(S) DESCRIPTION:
u ra ,
NUMBER OF PAGES (including cover page): MESSAGE:
l.
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 NO TIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES,AND DO NOT DISSEMINATE THE INFORMATION TO ANYO NE THANK YOU FOR YOUR ASSISTANCE.
IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615
c /o
BRADLEY & MERRELL JONES. JONES. CLOSE & BROWN. CHARTERED
Seventh Floor -- Bonk of America Plaza
300 South Fourth Street Lea Vegaa, Nevada 80101-8020
(702) 388-4202
MESSAGE FROM XEROX 7024: CrOg* 36S-16SS
TO: ^John L. Thorndal. Esq.
FAX
(702) 366-0327
RHONE # : (702) 366-0822
FROM:
C LIEM T/M A TTER :
Nevada Power v. Monsanto, et al.
CLIEMT/MATTER NO.: 11S27.2
D O C U M E N T(S )DESCRIPTION:
^
NUMBER OF PAGEG (Including cover page):
IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Ostorloh, Ext. 615
TRANSMISSION REPORT
THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW)
** COUNT ** TOTAL PAGES SCANNED : 19 TOTAL PAGES CONFIRMED : 19
*** SEND ***
No. REMOTE STATION
START TIME
DURATION #PAGES MODE
RESULTS
1
JOHN THORNDAL 7-26-93 8:50AM
7 '36" 19/ 19 EC
COMPLETED
9600
NOTE: No. : OPERATION NUMBER 4-8 PD : POLLED BY REMOTE SF MB : SEND TO MAILBOX PG
TOTAL 0:0736" 19
4800BPS SELECTED EC STORE & FORWARD R1 POLLING A REMOTE MP
ERROR CORRECT RELAY INITIATE MULTI-POLLING
G2 : G2 COMMUNICATION RS : RELAY STATION RM : RECEIVE TO MEMORY
Extended Page -
I, Ralph A- Bradley, under penalty of perjury and pursuant to statute, state that I am one of the attorneys for Plaintiff Nevada Power Company and that I have conducted most, if not all, of the depositions taken of employees of Monsanto Company.
Because of the existing discovery deadlines, I scheduled depositions in St. Louis, Missouri, during last week, July 14-16,
i
and this week, July 19-23. x spoke on the telephone with Bruce Featherstone, attorney for
Monsanto, prior to the depositions scheduled for the week of July 19, 1993 Hr. Featherstone indicated that if possible he did not want depositions to occur July 23, 1993 because he needed to he in Denver, Colorado to be with his daughter. He stated he could cancel or alter his plans with his daughter, but requested that we conclude depositions on July 22, 1993, if at all possible.
To accomodate Mr. Featherstone's personal request, I cut short several depositions during the week of July 19-23, and did not insist on the continuation of a deposition of Dr. Levinskas, whose FRCP 30(b)(6) deposition was halted to enable him to obtain information necessary to answer a question as Monsanto's corporate designee.
Between July 14, 1993 and July 22, 1993, x was in St. Louis conducting depositions of Monsanto employees. On at least one occasion, I indicated to Ur. Featherstone that X would honor his personal request to have the depositions completed before Friday,
1 J. RANDALL JONES, ESQ. CHARLES H. McCREA, SR., ESQ.
2 DOUGLAS M. COHEN, ESQ. JONES, JONES, CLOSE
3 & BROWN, CHARTERED 700 Bank of America Plaza
4 300 South Fourth Street Las Vegas, Nevada 89101-6026
5 Telephone: (702) 385-4202
6 RALPH A. BRADLEY, ESQ.
PAUL E. MERRELL, ESQ. 7 BRADLEY & MERRELL
C / O JONES, JONES, CLOSE 8 & BROWN, CHARTERED
700 Bank of America Plaza 9 300 South Fourth Street
Las Vegas, Nevada 89101-6026 10 Telephone: (702) 385-4202
11 Attorneys for Plaintiff NEVADA POWER COMPANY
12 a Nevada corporation
13
14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
15
16 NEVADA POWER COMPANY, etc.,
)
)
17
Plaintiff,
)
)
18 V S .
) )
19 MONSANTO COMPANY, etc., et al., )
) 20 Defendants. )
___________ :___________________________ ) 21
CASE CV-S-89-555-LDG (LRL)
PROOF OF SERVICE OF DOCUMENTS NOT SUBMITTED TO DEFENSE COUNSEL AT JULY 23, 1993 HEARING
22 Attached hereto and listed below are documents which were
23 submitted to Magistrate Judge Lawrence R. Leavitt at the July 23,
24 1993 hearing, but not submitted to defense counsel:
25 1. Index to Documents Submitted Under Seal;
26 2. Index to Exhibits;
27 3. July 23, 1993 letter from Roberta J. Straub to Honorable
28 Lawrence R. Leavitt enclosing affidavit of Ralph A. Bradley;
.k
1 - 4. Affidavit of Ralph A. Bradley; and
2 5 - Draft stipulation regarding statements made directly to
3 plaintiff Nevada Power Company by defendant Monsanto Company
4 concerning Monsanto products.
5 DATED: July 23, 1993 6
BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL
7
8
9
10
11
12
13
14
Other Counsel for 15 Plaintiff Nevada Power Company:
Coordinating Attorney BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN 300 South Fourth St., Suite 700 Las Vegas, Nevada 89101 (702) 385-4202
Attorneys for Plaintiff NEVADA POWER COMPANY, a Nevada corporation
16 DAVID S. McCREA, ESQ. McCREA & McCREA
17 119 South Walnut Street Post Office Box 1310
1 8 Bloomington, Indiana 47402 Telephone: (812) 336-4840
19
FREDERICK M. BARON, ESQ. 20 RUSSELL WILLS BUDD, ESQ.
JANE N. SAGINAW, ESQ. 21 BRIAN D. WEINSTEIN, ESQ.
PAUL F. DONSBACH, ESQ. 22 BARON & BUDD
3102 Oak Lawn Avenue, Suite 1100 2 3 Dallas, Texas 75219
Telephone: (214) 521-3605
24
MICHAEL T. GALLAGHER, ESQ. 2 5 CRAIG LEWIS, ESQ.
JOHN H. KIM, ESQ. 26 FISHER, GALLAGHER & LEWIS, L.L.P.
1000 Louisiana, 70th Floor 27 Houston, Texas 77002
Telephone: (713) 654-4433
2 8 J :\NEV\LSG\PLD\SERVD0CS.HRG
2
Nevada Power Company v. Monsanto CV--S--89--555--LDG (LRL)
Index to Documents Submitted Under Seal
Pleading submitting documents under seal
Letter from John H. Tatlock to Paul E. Merrell dated July 22, 1993 alerting him to "inadvertent document productions made by Monsanto".
Purported "privilege" documents a. Heading only from memo from Papageorge to Stapleton with
handwritten content redacted, dated 2/26/75. Bates No. NEV 034520.
b. Memo from Papageorge to Stapleton with handwritten notes dated 2/26/75 re: Chlorinated Dibenzofurans in PCBs and warning labels. Bates No. NEV 034724. Plaintiff's Exhibit 2891.
c. Handwritten notes dated 11/6/72 re: PCB meeting with Dr. Fitzhugh. Bates Nos. NEV 035012-035012. Plaintiff's Exhibit 2864.
d. Case Study Polychlorinated Biphenyls: Study of Principles of Decision Making for Chemicals in the ,Environment National Academy of Science. Bates Nos. NEV 040855040863. Plaintiff's Exhibit 2842.
Typescript of purported "privilege" handwritten documents
Privileged Document Form provided by Kirkland & Ellis
AOAC Meeting Presentation, October, 1974, J. Roach and I. Pomerantz, FDA
INDEX TO EXHIBITS
01 Notice to Take Deposition, served by defendants 07/16/93 02 Notice to Take Deposition, served by defendants 07/06/93 03 Defendant Monsanto company's Response to Nevada Power
Company's First Set of Interrogatories to All Defendants Regarding Statutes of Limitations (Conformed), served 06/08/93 04 Monsanto Company's Supplemental Response to Plaintiff's September 11, 1992 Interrogatories, served 06/07/93 05 Plaintiff's September 11, 1992 Interrogatories, Requests for Production' of Documents and Requests for Admissions to Monsanto Company, served 09/11/92 06 Defendant Monsanto Company's Response to Nevada Power Company's First Set of Interrogatories to All Defendants Regarding Statutes of Limitations, served 06/07/93 07 Defendants' Motion forProtective Order,dated 10/01/92 08 Order, dated 12/22/92 09 Draft, Exhibit A 10 Defendants' Joint Opposition toPlaintiff'sMotion for Partial Summary Judgment
J:\NEV\HCD\MSC\HEET.CFR
A .K
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 23, 1993
VIA HAND DELIVERY
Honorable Lawrence R. Leavitt Magistrate Judge of the United States District Court 300 Las Vegas Boulevard, South Las Vegas, Nevada 89101
Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL)
Dear Judge Leavitt
Enclosed please find the affidavit of Ralph A. Bradley, Esq. which may be discussed at the hearing today scheduled for 10:00 a.m.
Sincerely
rjs:bms
P: \ USERS\RJS\NVP0UER
fit i k Extended Page
I, Ralph A. Bradley, under penalty of perjury and pursuant to statute, state that I am one of the attorneys for Plaintiff Nevada Power Company and that I have conducted most, if not all, of the depositions taken of employees of Monsanto Company.
Because of the existing discovery deadlines, I scheduled depositions in St. Louis,. Missouri, during last week, July 14*16, and this week, July 19-23.
I spoke on the telephone with Bruce Featherstone, attorney for Monsanto, prior to the depositions scheduled for the week of July 19, 1993. Mr. Featherstone indicated that if possible he did not want depositions to occur July 23, 1993 because he needed to be in Denver, Colorado to be with his daughter. He stated he could cancel or alter his plans with his daughter, but requested that we conclude depositions on July 22, 1993, if at all possible.
To accomodate Mr. Featherstone 's personal request, I cut short several depositions during the week of July 19*23, and did not insist on the continuation of a deposition of Dr. Levinskas, whose FRCP 30(b)(6) deposition was halted to enable him to obtain information necessary to answer a question as Monsanto's corporate designee.
Between July 14, 1993 and July 22, 1993 r I was in St. Louis conducting depositions of Monsanto employees. On at least one occasion, I indicated to Mr. Featherstone that I would honor his personal request to have the depositions completed before Friday,
. 07^ 23/93 09:33
503 0 1564
C ofO LAW SCHOOL*-k
@002
July 23, 1993. On at least, one occasion, X informed Scott Bauer, an attorney who works for Mr. Featherstone, that I would honor Mr. Featherstone *s personal request to have the depositions completed by July 22, 1993, to enable Mr. Featherstone to be in Denver July 23, 1993 with his daughter.
I flew from St. Louis, Missouri on the same flight with Mr. Featherstone, though we did not sit together. Me did speak, however, during our flight. Never did Hr. Featherstone indicate that his personal plans had changed. Instead, it was my understanding that Mr. Featherstone was returning to Denver to be with his daughter.
If Mr. Featherstone appears in Las Vegas, Nevada July 23 r 1993, it will be contrary to numerous statements he made to me, and to my paralegal. The depositions I hurried to accomodate Mr. Featherstone's personal request could have, and should have, continued into today, July 23, 1993. I would continued those depostions through July 23, 193 had I known that Mr. Featherstone apparently had no personal obligations to be in Denver July 23, 1993, as he indicated on some many occasions.
I swear under penalty of perjury that the foregoing is true and correct. Dated
Ralph A.
,.&
EXHIBIT A
The person or persons most knowledgeable to testify concerning:
1. Any oral or written representation or statement by
or on behalf of Monsanto of which Nevada Power had knowledge at or
before it purchased or acquired any of the electrical equipment for
which it seeks damages in this case, or any of the PCB fluids in or
for any of its electrical equipment.
Nevada Power Company stipulates that it has no present
t knowledge of any such representations or statements made directly
to Nevada Power or its officials, except certain photographs
depicting drums of Monsanto PCB products. By so stipulating,
Nevada Power does not concede that its purchases of products
containing PCBs were not influenced by other parties or non-parties
to whom Mons aiito made representations or statements or that
Monsanto was not under a duty to warn Nevada Power or the hazards
of PCBs. Monsanto reserves the right to reject this stipulation.
2. Any oral or written representation or statement by
or on behalf of Monsanto that Nevada Power relied upon in
purchasing or acquiring any of the electrical equipment for which
it seeks damages in this case, or any of the PCB fluids in or for
any of its electrical equipment.
Nevada Power company stipulates that it has no present
knowledge of any such representations or statements made directly
to Nevada Power or its officials, except certain photographs
depicting drums of Monsanto PCB products. By so stipulating,
Nevada Power does not concede that its purchases of products
P:\USERS\LSG\DIS\KONSANTO.EXA
1
i, h
containing PCBs were not influenced by other parties or non-parties to whom Monsanto made representations or statements or that Monsanto was not under a duty to warn Nevada Power or the hazards of PCBs. Monsanto reserves the right to reject this stipulation.
3. Other than those oral or written representations or statements already called for by Paragraphs 1 and 2 herein, any oral or written representation or statement by or on behalf of Monsanto that Nevada Power alleges caused any of its other damages in this case.
Nevada Power company stipulates that it has no present knowledge of any such representations or statements other than those Monsanto documents which Nevada Power contends were the triggering event for accrual of its causes of action. By so stipulating, Nevada Power does not concede that its damages were not caused by Monsanto oral or written representations to other parties upon whom Nevada Power relied.
4. With regard to each such oral representation or statement described in Paragraphs 1-3 herein:
the date(s), location(s) and other circumstances of such statement;
the identify(ies) of the person(s) who received, heard, and/or relied upon the statement;
the identity (ies) of the person (s) who made the statement;
the full context of such statement; any followup by Nevada Power to such statement;
P:\USERS\LSG\DISVTONSANTO.EXA
2
Nevada Power1s knowledge or information concerning any other statement by Monsanto relating to the topic or subject matter .of such statement;
each item of equipment allegedly purchased or acquired by Nevada Power in reliance on the statement, and for each such item, a complete explanation of how Nevada Power relied on the statement in purchasing or acquiring it;
each other item of damage Nevada Power contends it suffered in reliance on the alleged statement, and for each such other item of damage, a complete explanation of how Nevada Power relied on the statement in allegedly suffering the damage;
all documents relating to the alleged statement; all documents relating to or showing Nevada Power's reliance on the alleged statement; and all persons who have any knowledge concerning the alleged statement and any reliance thereon by Nevada Power4. With regard to each written representation or statement described in response to Paragraphs 1-3 hereto: the publication or other written communication or document containing the statement; the date(s), location(s), means,method and other circumstances concerning Nevada Power's receipt or knowledge of such statement; the identity (ies) of the person (s) who made the statement; the full context of such statement;
P:\USERS\LSG\DIS\HONSANTO.EXA
3
any followup by Nevada Power to such statement; Nevada Power's knowledge or information concerning any other statement by Monsanto relating to the topic or subject matter of such statement; each item of equipment allegedly purchased or acquired by Nevada Power in reliance on the statement and for each such item, a complete explanation of how Nevada Power relied on the statement in purchasing or acquiring it; each other item of damage Nevada Power contends it suffered in reliance on the alleged statement, and for each such other item, a complete explanation of how Nevada Power relied on the statement in allegedly suffering the damage; all documents relating to the alleged statement; all documents relating to or showing Nevada Power's reliance on the alleged statement; and all persons who have any knowledge concerning the alleged statement and any reliance thereon by Nevada Power.
P :\USERS\LSG\DIS\HONSANTO.EXA
4
A -k.
1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 23rd day of July, 1993, the foregoing PROOF OF SERVICE OF DOCUMENTS NOT SUBMITTED TO DEFENDANTS'
3 COUNSEL AT JULY 23, 1993 HEARING was served on the following parties:
4 KEY:
F - Via fax 5 FE - Via Federal Express
6 H - Via hand delivery
F _ Steven R. Kuney, Esq. 7 Williams & Connolly
.725 12th Street, N.W. 8 Washington, DC 20005
Fax No.: (202) 434-5029 9 Attorneys for Defendants MONSANTO COMPANY, GENERAL ELECTRIC
COMPANY and WESTINGHOUSE ELECTRIC CORPORATION 10
F Arvin Maskin, Esq. 11 Konrad L. Cailteux, Esq.
Weil, Gotshal & Manges 12 767 Fifth Avenue
New York, NY 10153 13 Fax No.: (212) 310-8007
Attorneys for Defendant WESTINGHOUSE ELECTRIC CORPORATION 14
F J. Bruce Alverson, Esq. 15 Alverson, Taylor, Mortensen & Nelson
3821 West Charleston Boulevard 16 Las Vegas, NV 89102
Fax No.: (702) 385-7000 17 Attorneys for Defendant GENERAL ELECTRIC COMPANY
18 F 19
20 21
John L. Thorndal, Esq. Thorndal, Backus, Maupin & Armstrong 1100 East Bridger Avenue Las Vegas, NV 89101 Fax No.: (702) 366-0327 Attorneys for Defendants MONSANTO COMPANY and WESTINGHOUSE ELECTRIC CORPORATION
22 F 23 24 25
Bruce A. Featherstone, Esq. Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, CO 80202 Fax No.: (303) 291-3300 Attorneys for Defendant MONSANTO COMPANY
26
27 Arw^employee of BRADLEY & MERRELL
c/o JONES, JON^S, CLOSE & BROWN 28
a
1 J. RANDALL JONES, ESQ. CHARLES H. McCREA, SR., ESQ.
2 DOUGLAS M. COHEN, ESQ. JONES, JONES, CLOSE
3 & BROWN, CHARTERED 700 Bank of America Plaza
4 300 South Fourth Street Las Vegas, Nevada 89101-6026
5 Telephone: (702) 385-4202
6 RALPH A. BRADLEY, ESQ.
PAUL E. MERRELL, ESQ. 7 BRADLEY & MERRELL
C /O JONES, JONES, CLOSE 8 & BROWN, CHARTERED
700 Bank of America Plaza 9 300 South Fourth Street
Las Vegas, Nevada 89101-6026 10 Telephone: (702) 385-4202
nuf f
u... --
U 3 1^ '
,,.f.ol -/ "*"
11 Attorneys for Plaintiff NEVADA POWER COMPANY
12 a Nevada corporation
13
14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
15
16 NEVADA POWER COMPANY, etc.,
)
)
17
Plaintiff,
)
18 vs.
)
)
)
19 MONSANTO COMPANY, etc., et al., )
)
20 Defendants. )
_______________________________________) 21
CASE CV-S-89--555--LDG (LRL)
SUPPLEMENT TO NEVADA POWER'S JULY 22, 1993 REPLY ON OR IN THE ALTERNATIVE, RENEWED MOTION PARTIAL SUMMARY JUDGMENT ON THE CALCULATION OF COMPENSATORY DAMAGES
22 This filing supplements Nevada Power's July 22nd, 1993 filing on
23 its motion for summary judgment on the calculation of compensatory
24 damages. In section II. C. of the July 22nd filing, Nevada Power
25 argues that defendant manufacturers have failed to contend in their
26 interrogatory responses the facts on which they rely on for disputing
27 Nevada Power's damages calculations.
Specific examples of
28 defendants' affirmative defenses which relate to damages include
A
1 assumption of the risk, failure to mitigate damages, comparative
2 negligence, sophisticated user/learned intermediary defense, economic
3 loss defense, and running of the statute of limitations. The
4 relevance of all of these affirmative defenses except statute of
5 limitations was raised in Nevada Power's July 22nd filing.
6 Defendant manufacturers' contention interrogatory responses on
7 their statute of limitations affirmative defense did not state any
8 facts relating to damages incurred by Nevada Power. By raising the
9 statute of limitations defense, they are alleging that Nevada Power
10 knew or should have known each and every element, including that it.
11 incurred damages for its fraud and failure to warn claim.
12 The defendants have not provided contentions on which specific
13 damages it claims Nevada Power knew of and when. None of the
14 defendants stated any specific facts supporting the damage element of
15 their defense. 1 See defendant's interrogatory responses, attached as
16 exhibit 1 to Nevada Power's June 23, 1993 motion for partial summary;
17 judgment on damages (C.R.#392).
18 On page 3 of its Combined Response (C.R. #405), defendants set
19 out what they believe to be Nevada Power's burden to prove damages.
20 Among other things, plaintiff must prove that (i) it has suffered, or will suffer, the alleged item of damage for
21 which it seeks compensation; (ii) that defendants' alleged wrongful conduct caused, or will cause , said item of
22 damage; and (iii) that the compensatory damages amount is fair, reasonable, and proper.
23 Surely if Nevada Power is required to prove these items, then the
24 defendants are required to rebut such proof as part of their statute
25
26 1 Monsanto merely stated that it does not concede any of plaintiff's claim[s] for damages. Westinghouse's one paragraph
27 response referred back to its July 7, 1993 interrogatory response which also made no specific reference to Nevada Power's knowledge of
28 its damages.
2
1 of -limitations defense. Nevada Power has presented defendant 2 manufacturers with 16 volumes which support its calculation of
3 damages. If defendant manufacturers have reason to dispute this
4 calculation, it should do so as part of their affirmative defenses
S which relate to damages. Defendant manufacturers have not presented
6 any contrary facts as part of its affirmative defense contentions.
7 Therefore, Nevada Power asserts that their right to contest the
8 damages calculations as it relates to these affirmative defenses
9 should be waived.
10 Similarly, if defendant manufacturers intend to assert the
11 economic loss doctrine as defendant Monsanto asserted at oral
12 argument to the court on July 23, 1993, they will surely be required
13 to show the basis for such defense. In particular they will need to
14 show which items of Nevada Power1s damages are subject to that
15 defense, and indeed should have done so in their contention
16 interrogatory responses on this topic.
17 DATED: July 23, 1993
18 19 20
BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL DEBORAH N. MAILNDER DAVID E. SCHALK ROBERTA J. STRAUB
21 By:
22 T^PAUL E. MERRELL Coordinating Attorney
2 3 BRADLEY & MERRELL C /O JONES, JONES, CLOSE & BROWN
2 4 300 South Fourth St., Suite 700 Las Vegas, Nevada 89101
2 5 (702) 385-4202
2 6 Attorneys for Plaintiff NEVADA POWER COMPANY, a Nevada
2 7 corporation
28
3
d.K
1 Other Counsel for Plaintiff Nevada Power Company:
2 DAVID S. McCREA, ESQ.
3 McCREA & McCREA 119 South Walnut Street
4 Post Office Box 1310 Bloomington, Indiana 47402
5 Telephone: (812) 336-4840
6 FREDERICK M. BARON, ESQ.
RUSSELL WILLS BUDD, ESQ. 7 JANE N. SAGINAW, ESQ.
BRIAN D. WEINSTEIN, ESQ. 8 PAUL F. DONSBACH, ESQ.
BARON & BUDD 9 3102 Oak Lawn Avenue, Suite 1100
Dallas, Texas 75219 10 Telephone: (214) 521-3605
11 MICHAEL T. GALLAGHER, ESQ. CRAIG LEWIS, ESQ.
12 JOHN H. KIM, ESQ. FISHER, GALLAGHER & LEWIS, L.L.P.
13 1000 Louisiana, 70th Floor Houston, Texas 77002
14 Telephone: (713) 654-4433
15
16
P : \USERS\0 NM\NVP0UER\MSJ d a iis . sup
17
18
19
20
21
22
23
24
25
26
27
28
4
[.
1 CERTIFICATE OF SERVICE
2 I hereby certify that on the 23rd day of July, 1993, the foregoing SUPPLEMENT TO NEVADA POWER'S JULY 22, 1993 REPLY ON OR IN
3 THE ALTERNATIVE, RENEWED MOTION PARTIAL SUMMARY JUDGMENT ON THE CALCULATION OF COMPENSATORY DAMAGES was served on the following
4 parties:
5 KEY:
6
F - Via fax FE - Via Federal Express
H - Via hand delivery
7
F_____ Steven R. Kuney, Esq.
8 Williams & Connolly
725 12th Street, N.W.
9 Washington, DC 20005
Fax No.: (202) 434-5029
10 Attorneys for Defendants MONSANTO COMPANY, GENERAL ELECTRIC
COMPANY and WESTINGHOUSE ELECTRIC CORPORATION
11
F Arvin Maskin, Esq.
12 Konrad L. Cailteux, Esq.
Weil, Gotshal & Manges
13 767 Fifth Avenue
New York, NY 10153
14 Fax No.: (212) 310-8007
Attorneys for Defendant WESTINGHOUSE ELECTRIC CORPORATION
15
F J. Bruce Alverson, Esq.
16 Alverson, Taylor, Mortensen & Nelson
3821 West Charleston Boulevard
17 Las Vegas, NV 89102
Fax No.: (702) 385-7000
18 Attorneys for Defendant GENERAL ELECTRIC COMPANY
19 F
20
21 22
John L. Thorndal, Esq. Thorndal, Backus, Maupin & Armstrong 1100 East Bridger Avenue Las Vegas, NV 89101 Fax No.: (702) 366-0327 Attorneys for Defendants MONSANTO COMPANY and WESTINGHOUSE ELECTRIC CORPORATION
23 F 24 25 26
Bruce A. Featherstone, Esq. Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, CO 80202 Fax No.: (303) 291-3300 Attorneys for Defendant MONSANTO COMPANY
27 An employee of BRADLEY & MERRELL
28 C / O JONES, JONES, CLOSE & BROWN
BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED
Seventh Floor -- Bank of America Plaza 3 0 0 South Fourth Street
Las Vegas, Nevada 8 9 1 0 1 -6 0 2 6 (702)385-4202
MESSAGE FROM XEROX 7 0 2 4 : (702) 3 8 5-1 655 DATE: ),,!
TO: V / t u r r e t
F A X # : Ol I 3 4 7 2
PHONE#: Oil M 7 i H I 9 7
FROM:
_______
CLIENT/MATTER:
Nevada Power v. Monsanto
CLlENT/MATTER NO.: 11927.2
DOCUMENT(S) DESCRIPTION: # III?
NUMBER OF PAGES (including cover page):
MESSAGE:
review 4#us,
one- -sep- whvcW We. Will be usi\0j
'W -b*
\s ou ^nsow todocameni, *<i v+ ls
,and h Vvibich l/w- WwJd.
Y
THIS TELECOPY IS INTENDED ONLY FORTHE ADDRESSEE NAMED ABOVE. IT M A Y CONTAIN INFORMATION TH AT 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) 3 8 5 -4 2 0 2 and ask for: Operator, Ext. 615
__________________________________________________________________________________________________i . fe.____________________________
BRADLEY & WlERRELL JONES. JONES. CLOSE & BROWN, CHARTERED
Seventh Floor -- Bank o f America Plaza 3 0 0 South Fourth Street
Las Vcgaa. Nevada 8 9 1 OI - 0 0 2 6 (7 0 2 ) 3 8 6 -4 2 0 2 .
MESSAGE FROM -XEROX 7 0 2 4 : t7 Q2 1 3 8 $ - 1 6 S5
DATE; -),,ly -2L ,
TO:
W ^ rr^ .
FAX#: D 1 J 3 ^ 7 Z ^ S ^ S l
PHONE #: Oil 3*-J 7 3. & i*-ff77
FROM:
^
CLIENT/MATTER:
,U______________ Nevadc* Power v. Monsanto
CLIENT/MATTER NO.:
1 1 9 2 7 .2
DOCUMENT(S) DESCRIPTION:
Ebxf\iti'+ # )lV^
NUMBER OF PAGES (Including covar paga): A
MESSAGE:
v7e.vLA.vo4K. 'ttvva vb a-
4^0.^+, ^ ,+ L's
wi'u
4^ `oA
^ vjUicK we- wo^id Ute y^u
IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION,
please call (7 0 2 ) 3 8 5 - 4 2 0 2 and ask for: Operator, Eset. 6 1 5
TRANSMISSION REPORT
THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW)
COUNT ** TOTAL PAGES SCANNED : 22 TOTAL PAGES CONFIRMED : 22
*** SEND
No. REMOTE STATION
START TIME
DURATION #PAGES MODE
RESULTS
I
34" 972 301501 7-26-93 8:26AM
12'56" 22/ 22
COMPLETED 9600
NOTE:
TOTAL 0:I2'56" 22
No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORREO!' G2 G2 COMMUNICATION
PD MB
POLLED BY REMOTE SF SEND TO MAILBOX PG
STORE & FORWARD RI POLLING A REMOTE MP
RELAY INITIATE MULTI-POLLING
RS RM
RELAY STATION RECEIVE TO MEMORY