Document E9zZ8qDMd38BEad5MpMdXDD4

ROBERT J. SHAUGHNESSY (2 0 2 ) 4 3 4 -5 5 6 4 LAW OFFICES WILLIAMS 8 CONNOLLY 725 TWELFTH STREET, N.W: WASHINGTON, D. C. 20005 (202) 434-5000 FAX (202) 434-5029 ED W AR O B E N N E T T W IL L IA M S (1 9 2 0 -1 0 6 6 ) P A U L R., C O N N O L L Y ( 1 0 2 2 - 1 0 7 6 ) July 13, 1993 BY FEDERAL EXPRESS Paul E. Merrell, Esq. Bradley & Merrell c/o Jones, Jones, Close & Brown 700 Valley Bank Plaza 300 South Fourth Street, Suite 700 Las Vegas, Nevada 89101-6206 Re: Nevada Power Litigation Dear Paul: Enclosed are documents numbered as follows responsive to various of plaintiffs' requests for production: GENP019221 to GENP019239 GENP019760 to GENP019763 GENP019937 to GENP019974 Sincerely yours Enclosures Robert J. Shaughnessy TO: FROM: RE: DATE: MEMORANDUM Konrad Cailteux cc: Peggy Lepnp^ VIA TELEFAX Paul MerreJ^^^a^icnchalk Nevada Power v. Monsanto, July 13, 1993 Thank you for your proposed dates for the depositions of Westinghouse officials currently noticed for next week. We believe we can work within the framework of your suggested dates and alternatives, with one possible exception that may interfere with your suggestions. The concern arises from our understanding that Messrs. Bair and Bickerstaff would be offered as the persons most knowledgeable regarding alleged document destruction, but that neither of them have personal knowledge regarding what documents remain in the Industrial Hygiene collection. Since he is the head of the relevant department, we believe that Mr. Bickerstaff would be the designated PMK on the latter topic. We believe that the PMK on the continued existence of the records at issue must be a witness with personal knowledge, particularly if Westinghouse persists in its resistance to us reviewing the relevant documents ourselves or to conducting the relevant depositions on-site. To that end, we note the uniform authority holding that a corporate party must offer Rule 30(b) (6) witness who is prepared to answer questions fairly within the scope of the noticed topic. If such a witness does not know the answers to such questions, the Memorandum July 13, 1993 Page 2 i tk = *!-. corporate party must immediately provide another witness who has the answers. See e.a.. Marker v. Union Fidelity Life Insurance C o . . 125 F.R.D. 121 (M.D.N.C. 1989) (corporation has duty immediately to substitute another person at corporations expense once the deficiency of its designee becomes apparent); see also Fed. Deposit Ins. Corn, v. Butcher. 116* F.R.D. 196 (E.D. Tenn. 1986), affirmed 116 F.R.D. 203 (court ordered Corporation to redesignate witness and provide written information in advance of second deposition where first witness was unprepared to speak for the entire corporation). If we are to work within the framework of your proposed revised schedule, we request assurances that the 30(b)(6) designees actually be prepared to answer questions about the present existence or nonexistence of relevant records, and if they no longer exist, about the circumstances of their destruction. Assuming we are correct that Mr. Bickerstaff would be the primary witness regarding such subjects, we believe it unworkable to complete his deposition in half of one day. If he is not to be the designee on that topic, we need to identify a different date for the portion of the PMK notice dealing with the relevant records continued existence. We therefore propose the following revisions to your proposed schedule: PMK with personal knowledge re doc. destr. -- July 20 Mr. Bickerstaff -- July 21 a.m. Mr. Pitts -- July 21 p.m. Memorandum July 13, 1993 Page 3 i fck Mr. Bair -- July 22 Mr. Wills -- fill any of preceding days where time allows or take on July 23, 11 a.m. Ms. MacFarland -- fill any of preceding days where time allows or take on July 23, 9 a.m. PMK re librarian -- July 23, 1 p.m. Mr. McClain -- to be scheduled after availability determined. (McClain would also be PMK on hazards and trade associations). Mr. Paschke -- one day in the range of July 28-30. Mr. Lawrence -- one day in the range of July 28-30. pem\avpowci\mctnol23.pem t& BRADLEY & MERRELL c/0 JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of Am erica Plaza 300 South Fourth S treet Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: (702) 385-1655 DATE: ^ 1^5 K o n r o ^ Q , il i e u x TO : Peggy A. Leen, Esq. FAX # : (702) 366-0327 PHONE # : (702) 366-0622 FROM: P (X u \ __________ CLIEN T/M A TTER : Nevada Power v. Monsanto, et al. C LIE N T/M A TTE R NO.: 11927.2 D O C U M E N TS ) DESCRIPTIO N: NUM BER OF PAGES (including cover page): MESSAGE: THIS TELECOPY IS INTENDED ONLY FD H THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGEDAND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY U S IMMEDIATELY BY TELEPHONE, DESTROY ALL C O PIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FO R YOUR ASSISTANCE IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 TO : M E S S A G E F R O M X B Q X :7 0 2 4 (Z D a 3 , 3 B 5 - 1 B 5 S DATE: -- J l A \ f f l*5! *?^ 5 _______ ^ (2j% i-|-&XAJXT-- Peggy A. Lean, Esq. PAX # : (7 0 2 ) 3 5 0 - 0 3 2 7 FROM: fb^\ PHONE # ; yv-h u v v >U_________________ (702) 306-0622 CUENT/NIATTER: Nevada Rowar v. Monsanto, art ol. CL1ENT/MATTER NO.= 11827.2 O CUM ENT(S) DESCRIPTIO N: NUMBER OR PAGES (Including cover page): Lt IP YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION. 1pleafsD call (702) 3BS-42D2 and ask for: Roban O atorloh, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 ARVIN MASK IN 7-13-83 7:55PM 1 '36" 4/ 4 EC COMPLETED 9600 TOTAL 0:01'36'' 4 NOTE'- No. OPERATION NUMBER 46 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD R 1 RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY ;/o BRADLEY & MERBELL JONES, JONES, CLOSE & BROWN, CHAR S eventh F lo o r -- B a nk o f A m erica Plea 300 S outh F o u rtti S trm t Lao Vagas, Nevada 89101-S026 (702) 286-4202 MESSAGE FROM XEROX 7024: r7Q2l 3B5-1B55 TO: d a t e : ZFW y dxx i+ejLAj*' Peggy A Lean, Eaq. m 3~ FAX **-: (702) 386-0327 FROM: R l u- ( ^V~> PHONE If___________________ (702) 386-0622 CLIENT/M ATTER : Nevada Rawer v. Monsanto, e t al. C LIEN T/M ATTER NO.: 11627.2 POCUMENT(S) DESCRIPTION: NUMBER OF PAGES (In c lu d in g c o v a r pago): MESSAGE: y o u M Q ta T A w c a . nowvm Tio ics,ampDQNorrtMssniiMUTgTUEwhjhevvTPMTOAMYOnr. twMtvauraH IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Ostorloh, Ext. G15 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 PEGGY LEEN 7-13-83 7:58PM 1-37" 4/ 4 EC COMPLETED 9600 TOTAL 0 :Ol'37" 4 NOTE : No. OPERATION 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 -POLL1NG RM RECEIVE TO MEMORY