Document Em244ERBwprvBeRzOQZ4Mp1NR

Telephone: (702) 385^202 ..Ok BRADLEY & MERRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor I-fts Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 18, 1993 VIA TELEFAX Konrad L. Cailteux Weil, Gotshal & Manges 767 Fifth Avenue New York, New York 10153 Re: Nevada Power Company v. Monsanto Company, et al. US D C , District of Nevada Case CV-S-89-555-LDG (LRL) Dear Konrad: I am disappointed that the Court ruled that it would be unnecessarily disruptive for me to obtain personal knowledge that the Bair/Bickerstaff inventory of Westinghouse Industrial Hygiene documents still exists. I thought the simplest way to verify Westinghouse1s contention that the documents exist would be to take a look at them. In order to make the most of a less than ideal situation, I need to verify the existence of the Industrial Hygiene documents by deposing Westinghouse employees with personal knowledge of the whereabouts of the documents at issue. Therefore, I wish to depose your witnesses pursuant to part 3 of Friday1s Order, a copy of which is attached, beginning at 9:00 a .m . on Tuesday, July 20, 1993. To save time, I ask that you provide me with all documents coming under part 4 of the Order tomorrow, Monday, July 19, 1993. On Tuesday, I hope to discover all of Westinghouse1s admissible evidence that the documents at issue exist. All hearsay testimony must be followed by testimony from the declarant with personal knowledge. Please have such people readily available to testify. This process could take all week, but I am going to try to finish on Tuesday. If the attorneys who testify about their investigation did not actually look at all of the documents inventoried by Bair and Bickerstaff, I need to depose their paralegals, or secretaries, or whoever saw them. P:\USERS\LSG\COR\CAILTEUX.L01 Konrad L. Cailteux July 18, 1993 Page 2 Please note that the Westinghouse employees responsible for routine document destruction are presumed to have knowledge regarding whether or not the documents of interest were destroyed. I wish to depose someone with knowledge of Westinghouse's document destruction system. Ideally, I would want to depose the person who would have been responsible for destroying the documents of interest, if any were destroyed. I would'ask that such a witness be prepared to show me disposal logs so we could determine what, if any, inventoried Industrial Hygiene documents were on them. My intention this week is to set the "smoking gun" issue to rest once and for all. My role is to gather evidence. Yours is to provide it. If the documents exist, it would be in your client's best interest for you to prove it on Tuesday. Please let me know how I can cooperate to make that task as easy as possible for you. I know you understand why I cannot be satisfied with hearsay or less than fully responsive answers. I hope by the end of the week you will respect the fact that I am trying to be as considerate of your client as I possibly can, consistent with thoroughly exploring the fate of the documents inventoried by Bair and Bickerstaff.I I look forward to meeting you on Tuesday. Sincerely, D B S :lsg Attachment cc: David S. McCrea - via telefax Michael T. Gallagher - via telefax John H. Kim - via telefax [DICTATED BUT NOT READ] P:\USERS\LSG\COR\CAILTEUX.LOI i 1 2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 *** 5 NEVADA POWER CO., 6 Plaintiff, 7 ) ) ) ) CV--S-89--555-LDG (LRL) v. ) 3) ) 9) MONSANTO CO., et al., ) 10 ) Defendants. ) 11 ____________________________________________) ORDER 12 This matter is before the Court on a number of discovery 13 disputes. Some are formalized in written motions, some are not. 14 They will be considered seriatum. 15 1. Nevada Power's Motion to Compel Discovery Relevant to Alleged 16 Destruction of Documents bv Westinghouse (filed July 8. 19931: 17 Reserving its right to object on privilege grounds to specific 18 deposition questions, and subject to Westinghouse's objections to 19 two of the ten documents appended to Exhibit 1212, Westinghouse has 20 agreed to allow Nevada Power to inquire into Exhibit 1212 itself, 21 the circumstances surrounding its preparation, and the circumstances 22 surrounding the decision not to implement the program in Exhibit 23 1212. Accordingly, 24 IT IS ORDERED that the motion is denied as moot. 25 IT IS FURTHER ORDERED that Westinghouse*s objections to the 26 disclosure of the above-referenced two documents which were appended 1 to Exhibit 1212 are sustained. The Court finds that they are 2\ irrelevant within the meaning of Rule 26(b)(1). The two documents, 3 which were submitted to the Court under seal on July 15, 1993, and l 4 which the Court has reviewed in camera. need not be disclosed to 5 Nevada Power. 6 IT IS FURTHER ORDERED that the Clerk of Court shall file the 7 Confidential In Camera Submission under seal. * 8 2. Nevada Power7s Motion to Compel Entry upon Westinghouse's 9 Headquarters for Purpose of Inspection. Copying and Depositions 10 (filed July 8. 19931: 11 The Court finds that Nevada Power's proposal to conduct an 12 inspection concurrently with the deposition of Westinghouse's Rule 13 30(b)(6) witness would be overly time-consuming and disruptive of 14 Westinghouse's ongoing business activities. Accordingly, 15 IT IS ORDERED that the motion is denied. Nevada Power shall 16 not be permitted to conduct an on-site inspection of Westinghouse's 17 headquarters. 18 IT IS, HOWEVER, FURTHER ORDERED that prior to the Rule 30(b) (6) 19 deposition, Westinghouse shall respond to Nevada Power's demand for 20 those PCB, dioxin and furan documents which Nevada Power believes it 21 does not have, by searching for the requested documents and 22 providing production numbers of those documents already produced, 23 and producing those documents which have not been produced. Where 24 the requested documents cannot be found, Westinghouse shall provide 25 an affidavit of the responsible searching party explaining the 26 circumstances of non-production.  .k 1 3. Verification that Industrial Hygiene Documents E x i s t : 2 IT IS ORDERED that during the Rule 30(b)(6) deposition Nevada 3 Power may inquire into whether, and if so, when, how and by whom, it 4 has been established that the Industrial Hygiene documents in 5 question still exist. 6 4. Westinghouse Investigations into Existence of Exhibit 1212 7 Documents : 8 *IT IS ORDERED that the Rule 30(b)(6) deponent shall produce all 9 reports in the possession of Westinghouse which address 10 Westinghouse's disposition of documents referenced in Exhibit 1212. 11 5. Index of Documents Collected in the 1986 "Sweep": 12 IT IS ORDERED that Westinghouse shall forthwith provide the 13 index and an explanatory memorandum to the Court for its in camera 14 review in order to enable the Court to determine whether the index 15 is privileged or otherwise nondisclosable. 16 DATED 1993 17 18 19 LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 3 BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of Amrica Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: (702) 385-1655 DATE: July 18, 1993 TO: Konrad L. Cailteaux FAX#: (212)310-8516 PHONE#: (212) 310-8904 FROM: David E. Schalk CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 18, 1993 letter re: deposing Westinghouse employees NUMBER OF PAGES (including cover page): Throe (9) G MESSAGE: 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 YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 J .k. BRADLEY & MERRELL c/o JO N E S, JO N E S , C LO S E & BROWN, CHARTERED Bovvnth Floor -- Bank of Am erica Plaza 3 0 0 South Fourth 6 (root La V ayiia , Nevada 8 9 1 0 1 -6 0 2 6 (702) 386-4202 M E S S A G E FROM X E R O X 7 0 2 4 : 1702) 3BB-16B5 DATE: J u ly 18, 1993 "TOI Konrad L. Callteaux FAX# : {21 2) 3 1 0 -9 6 1 6 PHONE <212) 310-8904- FROM: David E. Schalk CLIENT/MAT TER: Nevada Pow er v. Monsanto, ot ol. CLIENT/MATTER NO.: 11927.2 D O C U M EN TO ) DESCRIPTION: em p lo ya e s J u ly 18. 1993 lottar re: d e p o s ito W estlnghauso N U M BER O F P A G E S (Including covar page): Three (3) MESSAGE: THIS TKLCCOPV le INTENDED ONLY FOR TMG AUDnt lU r NAMED N O V I . IT M AY CONTAIN INFDHMAT ION THAT NUVmC<m> AND OOMNOONTIAL. If YOU H A V t IEGEIVED T H I TUXCO PV IN E M O tL K E A S E NOTIFY U l IMMEDIATELY BY n u m q N I . DESTROY ALL COMES. AND DO NOT D IM IM iN A TB THIS m ro flM A IIO N r a A N V C l THANK YOU FOR YOUR A S S U T A N C L IF YO U EXPCRIENCE PR O B LEM S WITH THIS T R A N S M IS S IO N , please call <702) 3 8 5 -4 2 0 2 and s s k for: Operator, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 6 TOTAL PAGES CONFIRMED : 6 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 CAILTEUX 7-18-83 4:01PM 2'37" 6/ 6 EC COMPLETED 9600 TOTAL 0:02`37" 6 NOTE : No. OPERATION NUMBER 48 4-80OBPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD R1 RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULT I-POLLING RM RECEIVE TO MEMORY i.h BRADLEY & MERRELL c/o 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: July 18, 1993 TO: David McCrea FAX#: (812) 336-5307 PHONE #: (812) 336-4840 FROM: David E. Schalk CLIENT/MATTER: Nevada Power/Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 18, 1993 letter to Konrad Cailteux re: deposing Westinghouse employees Q,NUMBER OF PAGES (including cover page): t j im ^ MESSAGE: 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 YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 BRADLEY & MERRELL C/O J O N E S , JO N E S , C L O S E & BROW N, CH A R TE R ED Seventh Floor -- Bank o f Am erica Plaza 300 South Fourth Straat Los Veyae, Nevada 8 9 1 0 1 -0 0 2 0 (7021 386*4202 M E S S A G E FROM X E R O X 7024; 1 7 PZI 3 .8 ffr1 6 5 DATE: J u ly 18, 1 993 TO: David M cCree F A X #: (812) 336-5307 PHONE #: (812) 3 3 6 -4 8 4 0 FROM: David E. Schalk CLIEN T/M A I i'ER: Nevada Power/Moneanto CLIENT/MATTER NO.: 11927.2 DOCUM ENT(S) DESCRIPTION; J u ly 18, 1 9 9 3 latter to Konrad Calltaux re: deposing Weatlnghouse employees N U M BER OF P A G E S (Including cover page): Three (31 MESSAGE: THH T R U C O rr M IlfTCNOCO < AMD CtONflDlMTIAl.. m YOU HAVE RSOSIVE DO MOT DlBBCN T H I TILKCO Pr J JVL ITM A Y COMTJUN I N F M M A H O M THAT I*PlDVILEfltD MUTINY US MMEDIATELY BY T l 1 IH lllf T THANK Y O U W 5H YOUR AAttTAMCS. 11=YO U EXPERIENCE PR O B LE M S WITH THIS TRANSMISSION# coll (702) 3 0 5-4 2 0 2 and a s k tor: Operator, Ext. 515 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 6 TOTAL PAGES CONFIRMED : 6 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 D, MCCREA 7-18-83 4:05PM 3 '57" 6/ 6 COMPLETED 9600 TOTAL 0:03'57" 6 NOTE: No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD R.I RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI--POLLING RM RECEIVE TO MEMORY i.k BRADLEY & MERRELL 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: July 18, 1993 TO: Michael T. Gallagher FA X #: (713) 654-5070 PHONE#: (713) 654-4433 FROM: David E. Schalk CLIENT/MATTER: Nevada Power v. Monsanto CUENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 18, 1993 letter to Konrad Cailteux re: deposing Westinghouse employees NUMBER OF PAGES (including cover page): Thro<rf3). MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT M AY 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 YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 DATE: J u ly *1S. 1 993 TO: Michael T. Gallagher FAX |713) 6 6 4 -6 0 7 0 PHONE Jtf: (713) 6 5 4 -4 4 3 3 FROM; David E. Schalk CLIENT/MA l rER: Nvada Pow er v . Monsanto CLIENT/MATTER NO.! 11077.2 DO CUM ENT(S) DESCRIPTION: Ju ly IS . 1933 letter to Konrad Culltuux re: deposing W estlnghousB employees N U M BER OF P A Q E S (Including cover page!: Three (3) MESSAGE: THIS m i c o r v M IN T IN O O ONLY P O R T M B A M IiS U U E NAMEU M o v e . IT MAT CONTAIN MPQnMATION TH A TM PM V SBaaD AMD CONRUI.NTIAL, W * VOU HAVE SrrrjTVgP TN TUMCOPY M lWWO*U f L lA -- FOTtFY U -M M iOIATELY B Y I H llU J . DEGTFBOY ALL OOPgS. AMD DO MOT D IM B M M A T I TH I INPOAMATtOM TO AMYUNti. THANK YOU MIN YOUR IF Y O U EXPERIENCE PR O B LEM S WITH THIS T R A N SM ISSIO N , please cell (702) 3 8 6 -4 2 0 2 and osk for: Operator, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 6 TOTAL PAGES CONFIRMED : 6 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 GALLAGHER 7-18-83 4: 09PM 2*44" 6/ 6 COMPLETED 9600 TOTAL 0:02'44" 6 NOTE : No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY IN IT IATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULT I-POLLING RM RECEIVE TO MEMORY BRADLEY & M ERRELL 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: July 18, 1993 TO: John H. Kim FA X #: (713) 654-5070 PHONE#: (713) 654-4433 FROM: David E. Schalk CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 18, 1993 letter to Konrad Cailteux re: deposing Westinghouse employees NUMBER OF PAGES (including cover page): 2? MESSAGE: 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 AU . COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 ____________________ A ___________________________ ,.fe,__________________ B R A D LE Y fe M ERRELL JO N E S . JO NES. CLO SE & BROWN, CHARTERED Seventh Floor -- Bnnlc o f A m erica Plaza 3 0 0 Sou On Fourth Street Lae V ag a s ,, Navede 091 0 1 ->026 (7D2) 3 8 5 - 4 2 0 2 M E S S A G E FROM X E R O X 7Q24; 1703) 3S&.-1 065 DATE: J u ly 18, 1993 TO: Jo h n H. Kim FAX# : (713) 6 6 4 -6 0 7 0 PHONE: 4713) 6 5 4 -4 4 3 3 FROM: David E. Schalk CLIENT/MATTER: Nevada Powcir v. M onsanto CLIENT/MATTER NO.: 11927.Z DQGUM ENTfS) DESCRIPTION: Ju ly IS . 1 9 9 3 letter to Konrad Cailteux re: depoeln W estinghouse employees N U M BER OF P A G E S (Including cover page): Three <3> MESSAOE: THt*TEUCDI>V W IWTEJMUFD ONLY FOR T M i AODHU1RU N A M tO A R O V L IT M AY CONTAIN INFORIMTION THAT M I'MVILECB AND CONPIDCNTIAL. V YOU H A V I HBCBVOD THC TRUCOTY IN iK K tW . H-RAUE MOTIFV UR M M CD IATILV V TRLRPItONR, D U irn O Y A L L ----------R-Y. AJVU DO NOT DMeBMINATB THC INFORMATION TO AN rO N E. THANK YOU FDA VOVA AM M TAN C. IF Y O U EXPERIENCE PR O BLEM S WITH THIS T R A N SM ISSIO N , please call 4702) 3 8 5 -4 2 0 2 and ask for: Operator. Ext- B I S TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 6 TOTAL PAGES CONFIRMED : 6 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 KIM 7-18-83 4:12PM 2 '45 " 6/ 6 COMPLETED 9600 TOTAL 0:02`45`' 6 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--POLLING RM RECEIVE TO MEMORY