Document J3D43QDqnYbwKyYmXM5zJyqpX

Telephone: (702) 38S-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 :bins P:\USERS\RJS\NVP0UER E x ten ded Page k j t- 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, 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 09:33 503 346 1564 Voto LAff SCHOOL r*TM=p .@002 July" 23, 1993. On at least one occasion, X informed Scott Bauer, an attorney who works for Mr. Feathers tone, 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. Feathers tone, though we did not sit together. We did speak, however, during our flight. Never did Mr. 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, 1993, it will be contrary to numerous statements he made to me, and to my paralegal. The depositions I hurried to accomodate M r . Featherstone's personal request could h a v e , and should h a v e , 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