Document MGYNNkoVmVOBaQbOZVmBgOgex

& 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 9, 1993 TO: John L. Thorndal, Esq. Peggy A. Leen, 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: David Kiernan, Esq. FAX#: (202) 434-5029 PHONE #: (202) 434-5843 TO: Konrad L. Cailteux, Esq. FAX #: (212) 310-8007 OR (212) 735-4657 PHONE #: (212) 310-8000 FROM: Bradley & Merrell MATTER/MATTER NO.: Nevada Power v. Monsanto, et al., #11927.2 DOCUMENT(S) DESCRIPTION: Table of Contents and Outline of documents for July 9, 1993 telephonic hearing on plaintiff's July 8, 1993 motion to compel entry upon Westinghouse's headquarters for purposes of inspection, copying, and depositions NUMBER OF PAGES (including cover page): Five (5) THIS TELECOPY IS INTENDED ONLY FO RTH E ADDRESSEE NAMED ABOVE. IT M A Y CONTAIN INFORMATION TH AT IS PRIVILEGED AND CONFIDENTIAL. IF YO U H AVE RECEIVED TH E TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY A LL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. TH AN K YO U FOR YO U R ASSISTANCE. SloRE & FORWARD REPORT DATE/T1ME LOCAL TERMINAL ID. LOCAL NAME COMPANY LOGO 7- 9-83 10:15AM 7023851655 BRADLEY AND MERRELL No. REMOTE STATION START TIME DURATION #PAGES MODE 001 JOHN THORNDAL 7- 9-83 9:55AM 3 `23" 5/ 5 SF 002 BRUCE ALVERSON 9:59AM 1 '47" 5/ 5 EC SF 003 B FEATHERSTONE 10:01AM 4 '41 " 5/ 5 EC SF 004- STEVEN KUNEY 10:06AM 1'25" 5/ 5 EC SF 005 ARV1N MASKIN' 10:13AM 2 18" 5/ 5 EC SF DIAL GROUP 1 No. 1 006 001 002 003 004 005 TOTAL 0:13'34-" 25 DIRECTORY NUMBERS RESULTS COMPLETED 9600 COMPLETED 9600 COMPLETED 9600 COMPLETED 14400 COMPLETED 9600 NOTE: No. DIRECTORY NUMBER 48 4800BPS 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 MULTI-POLLING RM RECEIVE TO MEMORY  \I t e TABLE OF CONTENTS Documents for July 9, 1993 Hearing on Plaintiff Nevada Power Company's July 8, 1993 Motion to Compel Entry upon Westinghouse's Headquarters for Purposes of Inspection, Copying, and Depositions Telephonic Conference 10:00 a.m. 1. Outline of Issues 2. Magistrate Lawrence R. Leavitt's April 5, 1993 denial of Westinghouse's Motion for Protective Order 3. Plaintiff Nevada Power Company's March 12, 1993 Notice of Taking Depositions (of C.W. Bickerstaff, Jeffrey Bair and person identified as "you" in Exhibit 1212) 4. Plaintiff Nevada Power Company's April 13,1993 Re-Notice of Depositions and Request for Permission to Enter Upon Land for Purposes of Inspection, Copying and Depositions (of C.W. Bickerstaff, Jeffrey Bair and person identified as "you" in Exhibit 1212) 5. Plaintiff Nevada Power Company's May 14, 1993 Request for Permission to Enter Upon Land for Purposes of Inspection and Copying 6. Plaintiff Nevada Power's Second May 14,1993 Request for Permission to Enter Upon Land for Purposes of Inspection and Copying to Defendant Westinghouse 7. Excerpt from Westinghouse Electric Corporation's Response to Nevada Power's Motion for Entry of Default (Westinghouse Industrial Hygiene had PCB-related documents in 1986 and waiver of privilege) 8. Waivers 9. Plaintiff Nevada Power Company's July 8, 1993 Motion to Compel Entry upon Westinghouse's Headquarters for Purposes of Inspection, Copying, and Depositions a. April 13, 1993 letter of Paul E. Merrell, attorney for Nevada Power Company, accompanying their request to inspect property 10. Motion to Compel Discovery Relevant to Alleged Destruction of Documents by Westinghouse 11. Motion for Hearing on Plaintiff's Planned Depositions of Certain Westinghouse Employees < -1 HEARING OUTLINE I. PENDING MOTIONS AND SUGGESTED DISPOSITION: A. NPC motion to compel discovery: 1, Contention is that subject of NEC retention/destruction of documents from Industrial Hygiene Dept, is not privileged. a. Need stipulations/judicial determination on: (1) Proper scope of privilege objections during depositions. RECOMMENDED DISPOSITION: Parties instructed to continue conferring, set hearing date to reduce issues prior to depositions. (a) issues primarily involve application of principles of work product and attorney client privileges, waiver thereof, and crime/fraud exception thereto. (2) Production of purportedly privileged documents appended to Bair 22-page memorandum, approximately 10 documents. RECOMMENDED DISPOSITION: Expedited ruling of waiver by incorporation into no-longer privileged document or by waiver of subject matter. Alternative, expedited submission for in camera review. (a) Parties have conferred. If in camera inspection, parties should discuss before Court reviews, to determine possible further compromise. B. NPC motion to compel inspection of property 1. Contention is that NPC should be allowed to depose witnesses in presence of records at issue. RECOMMENDED DISPOSITION: expedited ruling. Briefing should not be necessary. C. NPC motion for discovery hearing. RECOMMENDED DISPOSITION: no separate action needed; subsumed in above suggestions for hearing. 1 i to II. ISSUES TO BE SCHEDULED A. Request to inspect records gathered in 1986 company wide sweep for PCB records. RECOMMENDED DISPOSITION: Establish briefing schedule; consider potential need to take relevant portion of Rule 30(b)(6) related deposition after fact deposition cut-off date. B. Redefinition of subpoena duces tecum to redefine request and privilege claims. RECOMMENDED DISPOSITION: Set expedited hearing date; WEC to provide privilege log if contested; decision and production to occur prior to relevant Rule 30(b)(6) deposition. 1. Intimately related to Rule 30(b)(6) deposition -- needs expedited decision 2. Contains privilege claims for which there has been no privilege log. Parties have conferred, but need at least one further conference since Court's opinion received. 2 i to TABLE OF CONTENTS Documents for July 9, 1993 Hearing on Plaintiff Nevada Power Company's July 8, 1993 Motion to Compel Entry upon Westinghuse's Headquarters for Purposes of Inspection, Copying, and Depositions Telephonic Conference 10:00 a.m. 1. Outline of Issues 2. Magistrate Lawrence R. Leavitt's April 5, 1993 denial of Westinghuse's Motion for Protective Order 3. Plaintiff Nevada Power Company's March 12, 1993 Notice of Taking Depositions (of C.W. Bickerstaff, Jeffrey Bair and person identified as "you" in Exhibit 1212) 4. Plaintiff Nevada Power Company's April 13,1993 Re-Notice of Depositions and Request for Permission to Enter Upon Land for Purposes of Inspection, Copying and Depositions (of C.W. Bickerstaff, Jeffrey Bair and person identified as "you" in Exhibit 1212) 5. Plaintiff Nevada Power Company's May 14, 1993 Request for Permission to Enter Upon Land for Purposes of Inspection and Copying 6. Plaintiff Nevada Power's Second May 14,1993 Request for Permission to Enter Upon Land for Purposes of Inspection and Copying to Defendant Westinghouse 7. Excerpt from Westinghouse Electric Corporation's Response to Nevada Power's Motion for Entry of Default (Westinghouse Industrial Hygiene had PCB-related documents in 1986 and waiver of privilege) 8. Waivers 9. Plaintiff Nevada Power Company's July 8, 1993 Motion to Compel Entry upon Westinghuse's Headquarters for Purposes of Inspection, Copying, and Depositions a. April 13, 1993 letter of Paul E. Merrell, attorney for Nevada Power Company, accompanying their request to inspect property 10. Motion to Compel Discovery Relevant to Alleged Destruction of Documents by Westinghouse 11. Motion for Hearing on Plaintiff's Planned Depositions of Certain Westinghouse Employees