Document LovYdod6Y7LZ1pgL1zwLJYQLQ

Telephone: (702) 385-4202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown; Chartered 700 Bank of America Plaza 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 22, 1993 VIA TELEFAX John L. Thorndal, Esq. Thorndal, Backus, Maupin & Armstrong 1100 East Bridger Avenue Las Vegas, Nevada 89101 Bruce A. Featherstone, Esq. Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, Colorado 80202 Steven R. Kuney, Esq. Williams & Connolly 725 12th Street, N.W. Washington, D . C . 20005 J. Bruce Alverson, Esq. Alverson, Taylor, Mortensen & Nelson 3821 West Charleston Boulevard Las Vegas, Nevada 89102 Arvin Maskin, Esq. 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: Enclosed please find the July 22, 1993 4:00 p.m. draft of the master Stipulated Order that we are working on together. Unless you have further suggestions, I believe we are now in agreement on all items except No. 20, on which I still need to hear from Westinghouse and General Electric, and from Monsanto regarding specific language. X am hopeful that I have all of your suggested changes in hand by 9:00 a.m. Nevada time, tomorrow, so that we may present this Stipulation to Judge Leavitt before he leaves for more than a week at noon. All Defense Counsel July 22 1993 Page 2 Because I will be busy preparing for a major issue that has come up with Monsanto, I would appreciate it if you would direct any responses to my legal assistant, Barbara Banks, who will collect your suggested changes and review them with me. I will return your calls if needed. Sincerely, BRADLEY & MERRELL PEM:dd cc: Michael Gallagher, Esq. John Kim, Esq. evg\c0r\cotmsel.lO4 PAUL E. MERRELL Coordinating Attorney L 51 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 22. 1993 4 P.M. DRAFT 9 All parties to this action, through undersigned counsel, agree XO 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 take 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. (Already approved by existing order). 19 2. Raymond Paschke, previously noticed by Nevada Power 20 Company. (Already approved by existing order). 21 3. Roger Wills, previously noticed by Nevada Power 22 Company. (Already approved by existing order). 23 4. Robert Don McClain, previously noticed by Nevada Power 24 Company. (Already approved by existing order). 25 5. Jeff Bair, personal capacity and 30(b)(6), previously 26 noticed by Nevada Power Company. (Already approved by 27 existing order.) 28 6. Completion of John Brown of G.E., previously noticed 1 by Nevada Power Company. 2 7. Subpoena deposition of Fluor Power Services, Inc., 3 previously noticed by General Electric. (Nevada Power 4 does not object to taking of deposition but reserves 5 right to object at trial to use of documents obtained 6 through subpoena duces tecum after deadline for 7 written discovery) 8 8. Continuation of Dennis Schwehr deposition previously 9 noticed by Monsanto. 10 9. Continuation of Plaintiff Nevada Power Company's March 11 12, 1993 Notice of taking deposition of defendant 12 Westinghouse Electric Corporation pursuant to FRCP 13 30(b)(6) except as to subtopic "8" (eight) of 14 "Attachment A." Nevada Power and Westinghouse 15 stipulate that Westinghouse reserves its right under 16 the Federal Rules of Civil Procedure to designate 17 appropriate person or persons, and the parts of the 18 notice to which those persons will respond, and that 19 Nevada Power reserves its right to contest the 20 adequacy of those designations. The parties 21 contemplate that the deposition regarding topic "3" 22 (three) of the notice would take place after the Court 23 has had an opportunity to rule on Westinghouse1s claim 24 to privilege as to documents submitted in camera 2 5 pursuant to Sections 4 and 5 of the Court's Order of 2 6 July 16, 1993. 2 7 10. Subpoena duces tecum to Edison Electric Institute, 28 previously noticed by Westinghouse (Nevada Power does 2 1 not object to taking of deposition but reserves right 2 to object at trial to use of documents obtained 3 through subpoena duces tecum after deadline for 4 written discovery) 5 11. 30(b) (6) notice to Nevada Power regarding distribution 6 systems, previously noticed by Westinghouse. 7 B . As to the following depositions, the parties have no 8 agreed that they should be taken, are negotiating in good faith, but 9 reserve the right to move for protective orders at a later time. The 10 parties agree that the fact such depositions were not taken on or 11 before July 23, 1993 should not be considered by the Court in ruling 12 on such motions for protective orders. The parties should be 13 instructed to meet and confer in good faith regarding the need for 14 and/or dates of the depositions. 15 12. Manny Neal, previously noticed by Nevada Power 16 Company. 17 13. 30(b)(6) notice to G.E. regarding document retention 18 policies and practices with respect to PCB-related 19 documents, previously offered by G.E. in lieu of 20 taking the personal deposition of Manny Neal and 21 subject to the agreement among counsel to reevaluate 22 the need for Mr. Neal's deposition following 23 completion of this 30(b)(6) deposition. 2 4 14. 30(b) (6) notice to G.E. regarding warnings, previously 25 noticed by Nevada Power Company. 2 6 15. Dr. Emmett Kelly, previously noticed by Nevada Power 27 Company. 28 16. Richard Mahoney, previously noticed by Nevada Power 3 iT. 1 Company2 17. 30(b)(6) notice to Monsanto regarding IBT 3 (continuation of Levinskas portion), previously 4 noticed by Nevada Power. 5 18. 30(b) (6) notice to Monsanto regarding Exhibits 422 and 6 1118 continuation regarding incorporated document 7 claimed privileged. 8 19. 30(b)(6) notice to Nevada Power re G.E. 9 interrogatories, previously noticed by General 10 Electric. 11 UNDER DISCUSSION FOR INCLUSION IN STIP 12 20. Depos ition of Custodian of Records for each party 13 solely to authenticate documents and to determine 14 their status under the Rules governing admissibility 15 of hearsay evidence (to the extent the documents are 16 not otherwise authenticated through agreement of the 17 parties or responses to prior discovery requests 18 seeking authentication/hearsay status). Approved by 19 Monsanto and Nevada Power in principle, still open on 20 specific language. 21 C. Notices on which Monsanto and Nevada Power are seeking 22 guidance of Court regarding whether they belong in category A or 23 category B above, but stipulated that they belong in one or the 24 other.: 2 5 ^ / 21. 30(b)(6) notice to Nevada Power re reliance, 26 previously noticed by Monsanto. 2 7 22. 30(b)(6) notice to Nevada Power re property damages, 28 previously noticed by Monsanto. 4 1 DATED: July ___ , 1993 2 3 4 5 6 7 8 9 10 11 DATED: July 12 , 1993 13 14 15 16 17 18 19 20 DATED: July 21 22 , 1993 23 24 25 26 27 28 BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL PAUL E. MERRELL Coordinating Attorney BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN 300 South Fourth St-, Suite 700 Las Vegas, Nevada 8910i (702) 385-4202 Attorneys for Plaintiff NEVADA POWER COMPANY, a Nevada corporation THORNDAL, BACKUS, MAUPIN & ARMSTRONG By: _____________________________ JOHN L. THORNDAL THORNDAL, BACKUS, MAUPIN & ARMSTRONG 1100 East Bridger Avenue Las Vegas -, NV 89101 (702) 366-0622 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 5 1 2 3 4 5 6 7 pemtavpowcrtmister.stp 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Magistrate Judge United States District Court DATED: 6 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 M ESSAGE FROM XERO X 7024: (702) 385-1655 DATE: TO: John L. Thorndal, Esq. FAX#: (702) 366-0327 PHONE #: (702) 366-0622 TO: J. Bruce Alverson, Esq. FAX#: (702) 385-7000 PHONE #: (702) 384-7000 TO: Bruce A. Featherstone, Esq. FAX#: (303) 291-3334 PHONE #: (303) 291-3000 TO: Steven R. Kuney, Esq. FAX#: (202) 434-5029 PHONE #: (202) 434-5843 TO: Arvin Maskin, Esq. FAX#: (212) 310-8007 OR (212) 735-4657 PHONE #: (212) 310-8000 FROM: MATTER/MATTER NO.: Nevada Power v. Monsanto, et al., #11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): 7 ___________ TTTHIS TELECO PY IS INTENDED O NLY FO R THE ADDRESSEE NAMED ABOVE. MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED TH E TELECO PY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY A LL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO AN YO N E THANK YOU FOR YO UR ASSISTAN CE IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Randy Andreini, Ext. 615 STof. & FORWARD REPORT DATE/TIME LOCAL TERMINAL ID. LOCAL NAME COMPANY LOGO 7-22-93 5 :05PM 7023851655 BRADLEY AND MERRELL No. REMOTE STATION START T 1ME DURATION #PAGES MODE 001 JOHN THORNDAL 7-22-93 4 :29PM 3 '28" 9/ 9 EC SF 002 BRUCE ALVERSON 4:38PM 0 '47" 0/ 9 EC SF 003 B FEATHERSTO.NE 4:39PM 9* 35- 9/ 9 EC SF 004 STEVEN KUNEY 4:49PM 2'06" 9/ 9 EC SF 002 BRUCE ALVERSON 4:59PM 2'40" 9/ 9 EC SF 005 ARVIN MASKIN 5 :02PM 3'26" 9/ 9 EC SF DIAL GROUP No. 006 001 002 003 004 005 TOTAL 0:22'02" 45 DIRECTORY NUMBERS RESULTS COMPLETED 9600 COMMUNICATION ERROR E204 9600 0513 COMPLETED 4800 COMPLETED 14400 COMPLETED END OF RESEND 9600 COMPLETED 9600 NOTE: No. DIRECTORY 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 POLL ING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY