Document J33Q0ZxZDgZkpOwRYrb9D8RkO

I ROBERT L. HOLLINGSHEAD DIReCT DIAL NUMBER (201) 966-8017 Pitney, Hardin, Kipp & Szuch (MAIL TO) P. O. BOX 194-5 MT MORRISTOWN. NEW JERSEY 07968*1945 CdM., (DELIVERY TO) 200 CAMPUS ORIVE FLORHAM PARK. NEW JERSEY 07932 FLORHAM PARK (201) 966-6300 NEW YORK (212) 926-0331 *? ;f NEWARK OFFICE 33 WASHINGTON STREET NEWARK. NEW JERSEY 07102 (201) 623-1980 TELEX 64201* FACSIMILE (201) 966-1550 June 19, 1991 John Downey, Esq. Union Carbide Corporation Law Department E3-285 39 Old Ridgebury Road Danbury, CT 06817-0001 Re: Colbv v. Union Carbide Corporation Dear John: CT^ (0 I Enclosed^ please find a copy of the Answer and Separate Defenses that we filed on June 14 on behalf of Union Carbide in this matter. I trust that it meets with your approval. Please call me if you have any questions. Sincerely, RLH:pc Enclosure ROBERT L. HOLLINGSHEAD PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" "VED mn 0 J. R. COWBET UCC 076173 ROBERT L. HOLL1NGSHEAD DIRECT IAL NUMBER (201) 966-6017 Pitney, Hardin, Kipp & Szuch (MAIL TO) P. O. BOX 1945 MORRISTOWN. NEW JERSEY 07962-1945 (DELIVERY TO) 200 CAMPUS DRIVE FI.ORHAM PARK. NEW JERSEY 07932 FLORHAM PARK (201) 966-6300 NEW YORK (212) 926-0331 TELEX 6420IA FACSIMILE (201) 966-1550 May 29, 1991 /3^5V/ NEWARK OFFICE 33 WASHINGTON STREET NEWARK, new JERSEY 07102 (201) 623-1980 John R. Downey, Esq. Union Carbide Corporation Law Department E3-285 39 Old Ridgebury Road Danbury, CT 06817-0001 Re: Colbv v. Union Carbide Dear John: Thank you for your letter of May 23 requesting that this firm represent Union Carbide in the defense of the above-entitled matter. We will, of course, be pleased to represent Union Carbide and look forward to working with you again. Because the Summons and Complaint were served on CT Corporation System on March 11, 1991, Union Carbide's time to file its Answer ran on April 15, 1991. I have obtained Mr. Levinson's assurance that he will not move for a default and an extension until June 14 to file the Answer. X will prepare a draft of the Answer for your review before that time. Thanks again for referring this matter to us. Sincerely, RLH:pC ROBERT L. HOLLINGSHEAD PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" P UCC 076174 RECEIVED MAY 3 1199t j. R. DOWKEY 4 * /t* c*ir UNION CARBIDE CHEMICALS LAW DEPARTMENT 39 Old Rldgcbury Ro*d Omnbury, CT 06817-0001 AND PLASTICS COMPANY INC. May 23. 1991 OVERNIGHT DELIVERY Robert L. Hollingshead, Esq. Pitney. Hardin, Kipp & Szuch Park Avenue at Morris County Morristown. NJ 07962-1945 Be: Phvllis Colby, et al. v. Union Carbide, et al. Dear Mr. Hollingshead: This confirms our telephone conversation of 5/17/91, with your firm. You have agreed to represent Union Carbide Chemicals and Plastics Company Inc. in the above-captioned litigation. CT Corporation System was served as agent for the Corporation on 3/11/91, and we received notice on 3/12/91. The Corporation has 35 days to answer, or otherwise respond. I enclose the original two Service of Process Transmittal Forms, Summons, and Complaints. In light of the delay, I appreciate your attempts to avoid a default against Union Carbide. As you know, I will be the lawyer responsible for the management of this case. All pleadings, motions and other papers prepared by your firm should be submitted to me in draft for review and comment before service upon other parties and filing with the court. Prior to filing an Answer, please contact me so we can develop our initial defense strategy. You will be the primary attorney working on this case for your firm, although I understand you may be assisted by an associate or paralegal to be identified later. Fees and Billing. Your hourly billing rate is $250.00 per hour. The associate/paralegal billing rate will be provided upon identification. Increases in these fees will be cleared with me before becoming effective. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 076175 May 23. 1991 Page 2 Bills should be sent to ay attention on a monthly basis. Bills should contain a specific description of the services performed and the date of such services, show the name of the attorney who provided the service, the hours that were involved, and the amount charged per hour, as well as an itemized list of out-of-pocket expenses. Budget Plan. Me request that you provide us with a litigation budget plan on the attached form within sixty days (Attachment A). While we understand the budget plan is an estimate, we view the budget as a necessary and significant tool for managing the costs in this case. Accordingly, we request your estimate be as accurate as possible and you pre-clear with me any significant budget overruns before they occur. Please provide your estimate of expenses and fees for the current year also. Travel. In connection with the budget, it is understood air travel will be by coach. Insurance. The UCC&F insurance carrier may contact you through its local representative. You should keep the insurance company advised of the status of the case. This usually entails two annual litigation status reports, the content and purpose of which are set forth in Attachment B.' The insurance representative may be used as an information or investigatory resource when appropriate. Technical Contact. In addition. R. C. Wise of the Solvents and Coatings Materials Division will coordinate the technical aspects of the case in conjunction with the Law Department. By copy of this letter, I am requesting R. C. Wise to preserve any records which are relevant to the defense of this case. I look forward to working with you on this case. Sincerely, Jcfnn R. Downey JRD/es cc: E. D. DeLoughy: R. P. Lawlor T. J. McGuire R. C. Wise Please notify appropriate insurance companies. Letter dictated by Mr. Downey; signed and sent in his absence by secretary. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 076176 KELLEY DRYE & WARREN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS SIX STAMFORD FORUM TAMADT Q. ADAMS TRACT S. AMBLER OAVID E. BARRY M. RIOOWAY BARKER RICHARD 4. SROORICK JOHN M. GALlAOY MICHAEL J. CANNIMO JOHN T. CARtTTA RICHARD B. CHAROAR WILLIAM R. GOLDEN, JR. CMJAMIM H. SHEEN RAYMOND J. DUSTIN I SUO GEO. HOLMAN ROBCRT A. HOROWITZ CHARLES L. MARIMACCIO LELAMO J. MARKLCT MARSHALL C. STODDARD, JR. HOWARD S. TUTHILL III _____ SAMUEL S. CROSS JOSEPH W. ORAKC, JR. COUNSEL RENEE A. IRANONER LYNNS COSTANTINI S. CORT OELANT GEOFFREY F. FAY WILLIAM R. FORNSHELL CMHIfTOHHEH R. FRANCO MERYL MINA OOOOMAN MARK S. ORCDORT KENNETH R. HAAS MICHAEL R. KAELIN THOMAS H. KUKOWSKI CHARLES W. LLEWELLYN RAUL F. MCCURDY JOSEPH E. MCUSER, JR. NEIL R. MORRISON JAMES C. HEALON J. PATRICK OVINGTON JOHN P. RAVIA III STEVEN S. HOOCRS PHILLIP ROSARIO BARBARA L. S. SCHADT JEROME R. SCHIFFCRLI AMY L. STAROBIN VIA POST OFFICE EXPRESS STAMFORD, CT. 06901 (203) 324-1400 TELEX I23S FACSIMILE <2031 327-2BBB 4 2031 9D-4-3I8B March 22, 1991 j "J NCW TOAK, H.T. WASHINGTON, D.C. LOS ANOCLCS, CA. MIAMI, FL. CHICAGO, IL. PARSIRPANY, N.J. BRUSSELS, BCLQIUM TTOOKYO. JAPAN CCR Pleading's Coordinator Center For Claims Resolution CN5319 Princeton, New Jersey 08543-531 RE: Phyllis Colby, Executrix of the Estate of Lawrence Colby, vs. Union Carbide Corporation, Superior Court of New Jersey. Middlesex County, Docket No. L-1979-91 Dear Sir/Madame: On behalf of Union Carbide Corporation, a confidential member of The Center For Claims Resolution, we are enclosing a copy of THE SUMMONS AND COMPLAINT. Please assume Union Carbide's representation in the above matter and forward the enclosures to the proper liaison counsel for appropriate handling. By copy of this letter, we request Union Carbide's Insurance Department to notify the Corporation's insurers of this case. Very truly yours. Alan J. Gerson cc: E. D. DeLoughy - w/encl and data sheet T. J. McGuire - w/cover letter Ms. Roseann Shea - data sheet Law Files - Stamford - w/encl and data sheet AJG: kc PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" ? UCC 076177 itBBS