Document DG4B7Ym9mvLJvGMy98JEkRnQ

Telephone: (702) 385-4202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown, Chartered 700 Bank o f America Plaza 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 July 20, 1993 Fax: (702) 385-1655 VIA TELEFAX Peggy A. Leen, Esq. Thorndal, Backus, Maupin & Armstrong 1100 East Bridger Avenue Las Vegas, Nevada 89101 Bruce A. Featherstone Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, Colorado 80202 David Kiernan Williams & Connolly 725 12th Street, N.W. Washington, D. C. 20005 J. Bruce Alverson Alverson, Taylor, Mortensen & Nelson 3821 West Charleston Boulevard Las Vegas, Nevada 89102 Konrad L. Cailteaux Weil, Gotshal & Manges 767 Fifth Avenue New York, New York 10153 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada, Case CV-S-89-555-LDG-LRL Dear Counsel: This morning, Judge Leavitt ordered that Nevada Power coordinate the preparation of a master stipulated order regarding events otherwise subject to the July 23 fact deposition deadline. The Magistrate indicated that he will be out of town all next week, so I believe it is necessary that we complete this project in time to get the stipulated order to him by Friday. To do that, we all should be working on it now. I suggest that we use the attached draft stipulation as our model. If you have any problems with the draft language, please advise me. The names that are presently included un Paragraph A and B will actually move to the under discussion section for the first draft. If you would each fax me the names or descriptions of deponents you want included, we will add them to the under discussion section and call you to confirm our belief as to which of Paragraphs A and B they should be located under. All Defense Counsel July 20, 1993 Page 2 We will be circulating revised drafts frequently over the next few days. Each draft will be marked with the date and time it was generated, to reduce the confusion levels. I look forward to working with you on this project, but urge your prompt attention so that it can be completed and the order signed on Friday. Sincerely, BRADLEY & MERRELL PEM:dd cc: John Kim, Esq. Ralph Bradley, Esq. David McCrea, Esg. Charles McCrea, Esq. Fred Baron, Esq. cvg\cor\coimBcJ.101 PAUL E. MERRELL Coordinating Attorney  1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 NEVADA POWER COMPANY, etc., ) ) 4 Plaintiff, ) 5 vs. ) ) ) 6 MONSANTO COMPANY, etc., et al., ) ) 7 Defendants. ) ___________________________________________________________________________ ) 8 CASE CV-S-89-555-LDG (LRL) STIPULATED ORDER JULY 20. 1993 2 P.M. DRAFT DRAFT 9 All parties to this action, through undersigned counsel, agree 10 and stipulate that certain depositions noticed by the parties prior 11 to July 23 either should occur or require further discussion among 12 the parties: 13 A. The following depositions should be allowed to be taken 14 following the July 23, 1993 fact deposition deadline. The parties 15 should be instructed to meet and confer in good faith regarding the 16 dates for the depositions. 17 1. Ron Lawrence, previously noticed by Nevada Power 18 Company. 19 2. Raymond Paschke, previously noticed by Nevada Power 20 Company. 21 3. Roger Wills, previously noticed by Nevada Power 22 Company. 23 4. Robert Don McClain, previously noticed by Nevada Power 24 Company. 25 B. As to the following depositions, the parties have not 26 agreed that they should be taken, are negotiating in good faith, but 27 reserve the right to move for protective orders at a later time. The 28 parties agree that the fact such depositions were not taken on or 1 before July 23, 1993 should not be considered by the Court in ruling 2 on such motions for protective orders. The parties should be 3 instructed to meet and confer in good faith regarding the need for 4 and/or dates of the depositions. 5 1. Dr. Emmett Kelly, previously noticed by Nevada Power 6 Company. 7 2. Manny Neal, previously noticed by Nevada Power 8 Company. 9 UNDER DISCUSSION FOR INCLUSION IN STIP 10 1. Jane Doe, previously noticed by plaintiff John Doe. 11 12 DATED: July 13 , 1993 BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL 14 15 PAUL E. MERRELL 16 Coordinating Attorney BRADLEY & MERRELL 17 c/o JONES, JONES, CLOSE & BROWN 300 South Fourth St., Suite 700 18 Las Vegas, Nevada 89101 (702) 385-4202 19 Attorneys for Plaintiff 20 NEVADA POWER COMPANY, a Nevada corporation 21 22 DATED: July ___ , 1993 23 THORNDAL, BACKUS, MAUPIN & ARMSTRONG 24 25 JOHN L. THORNDAL 26 THORNDAL, BACKUS, MAUPIN & ARMSTRONG 27 1100 East Bridger Avenue Las Vegas, NV 89101 28 (702) 366-0622 2 1 2 3 DATED: July 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 pem\nvpow cr\m *stcr.tp 19 20 21 22 23 24 25 26 27 28 , 1993 i.k. - Attorneys for Defendants MONSANTO COMPANY and WESTINGHOUSE ELECTRIC CORPORATION ALVERSON, TAYLOR, MORTENSEN & NELSON J. BRUCE ALVERSON ALVERSON, TAYLOR, MORTENSEN & NELSON 3821 W. Charleston Blvd. Las Vegas, Nevada 89102 (702) 384-7000 Attorneys for Defendant GENERAL ELECTRIC COMPANY IT IS SO ORDERED- Magistrate Judge United States District Court DATED: 3 BRADLEY & MERRELL c/o JO N E S , JO N E S , C L O S E & BROW N, CH ARTERED Seventh Floor -- Bank of Am erica Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M E S S A G E FROM X ER O X 7 0 2 4 : (702) 385-1655 DATE: July 20, 1993 TO : John L. Thorndal, Esq. F A X #: (702) 366-0327 PHONE #: (702) 366-0622 TO: J. Bruce Alverson, Esq. F A X #: (702) 385-7000 PHONE #: (702) 384-7000 TO: Bruce A . Featherstone, Esq. FAX#: (303) 29 1-3 334 PHONE #: (303) 291-3000 TO : Steven R. Kuney, Esq. F A X #: (202) 434-5029 PHONE #: (202) 434-5843 TO: Arvin Maskin, Esq. F A X #: (212) 310-8007 OR (212) 735-4657 PHONE #: (212) 310-8000 FROM: Paul E. Merrell, Esq. M ATTER/MATTER NO.: Nevada Power v. Monsanto, et al., #11927.2 July 20PC9H2MENr(S$:DEfiQBIES)ft0Nb's order re: stipulated order regarding July 23 fact deposition deadline, attached draft stipulation NU M BER O F P A G E S (including cover page): Six (6) 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 NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF Y O U EXPERIENCE PROBLEM S WITH THIS TRANSM ISSION, please call (702) 385-4202 and ask for: Operator, Ext. 615 ST,,"E & FORWARD REPORT DATE/TIME LOCAL TERMINAL ID. LOCAL NAME COMPANY LOGO 7-20-83 2=44PM 7023851655 BRADLEY AND MERRELL No. 001 003 004002 005 REMOTE STATION START TIME DURATION PAGES MODE JOHN THORNDAL 7-20-83 2 : 16PM 2 '22" 6/ 6 EC SF B FEATHERSTONE 2 = 19PM 7 '4-0" 6/ 6 EC SF STEVEN Kl'NEY 2 :27PM 1 '28" 6/ 6 EC SF BRUCE ALVERSON 2:37PM 1 151" 6/ 6 EC SF ARVIN MASKIN 2:41PM 2 '20" 6/ 6 EC SF DIAL GROUP No. 006 001 002 003 004 005 TOTAL 0 :15'41" 30 DIRECTORY NUMBERS RESULTS COMPLETED 9600 COMPLETED 4800 COMPLETED 14400 COMPLETED 9600 COMPLETED 9600 NOTE : No. DI RECTORY NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI--POLLING RM RECEIVE TO MEMORY