Document N26zYZR3jY914DG4XBy24ovjw
NOL^-0'7--1994 11:55
FROM DRftYDGN UYOE & UOQD LLP
IN THE TOOTED STA* FOR THE SOUTHERN
HDUSTOf
TO 12129063021-02030005 P.02
PONS ERVEN, INDIVIDUALLY AND AS tSF&fiSENTAm OF TOT
ESTATE OF ROBERT H. EXRYEN, '
DECEASED, ROBERT EIRVEN, JR., AND SHEIKA BOWEN,
FWaHffil
UNION CARBIDE CHEMICAL AND ELASTICS COMPANY, INC-*
Defeodwt
RN 0! CnrcilACTION NO. H-94-I103
"(VHP
(.unopposed_)
5
*
t
JOINT MOTION TO_EXTENI> TIME TO IDENTIFY EXPERTS
To titc, Honorable Judge of Said Court: Tlalntiffe, Doris Eirvtn, individually and as representative of the Estate of Robert H. Erven, deceased, Robert Eirvtn, Jr. and Sfctila Eirven and Defendant Union Carbide Corporation, fbnneriy known as Union Outride Chemical and Ptastkp Company, Inc., present teas Taint Mntkm to Bxtedd Time to Identify Experts and wotrid show tee court as follows: 1- Plaintiflt allege teat Robert H. Eirven, Sr., developed fiver cancer nod suhsequemiy died as a resulr of exposure to vicyl chloride during his en^toymem with Defendant Union Cartide Cmporation. In an effort to support tbeir claims, PJafotlffe on July 27, 1994 nerved their First Set of Inteceogateriei md Requests1 for Production on'CefesdAxi. Defendant responded and raised objeettatt to the majority of the interrogatories c&d requests for ptodoctiod. Defendant then initiated actum to resolve its objection*. On September 26,1994, Defendant served its Pint Set rrf Interrogatories aod Requests for Production off Documents oti PfarinHffe. Ftatotttfe responded by raring ottfectfems to the majority oi the interrogatories and
UCC 073624
NOU-07-1994 15:44 FRu.. DRRYDEN UYOE & UQOD LLP
TO 12129062021-02030003 P.02
w J promienoB. Due to confecting schedules, Htiotttfe' counsel And Defendant'*
Aanuri went Udsble to confer concerning the substance of Defendant's objections to the
propounded duoovery. OnOrtobcr^^l^.PlafaiderifilednModontoCon^ArBwenaitf
` A* Sanction*. On October 26, 1994, Defended filed its response to Pfointffly Motion to
Compel Answers end for Sanction*. On October 27,1994, Plaintim* eomsd and Defendant's {
counsel were able to confer for over two and a hairhours and were Ale to resolve many of the
disputes concerning both sets of dbswery. Counsel continue to work together to resolve pie
remshung dilutes. PUintifft hove since agreed tn withdraw fed* Motion to Compel Answers
and for Sanction*.
2. Having resolved most of the objections, Defendant hu agreed to produce the
document* responsive to the xwvised request* by the end of WcvKober, 1994. PfaiotifEi have
advised Defendant feat these documents azo necessary In order for HamtifEs* expats to properly
form an Opinion and pnxtocc the required reports, Plaintiffs, imder the Docket Control Order,
entered May 29, 1994 eve to designate tljcir experts no Jater than November IS, 1994.
Defendant Hkewte is to designate its experts no Utter ttiaa January 20,1995.
5. The pwfiw have conferred and agree that a one modth dxtcnaico for each party
of fee demfljpft tor Jdsntfiying expert* would accommodate fee needs of fee portlet without
detectingeifeerttec^ptedoc ofcgscovtry or trial. As Plaintiff*' time to designate experts will
expire prior to feetfapg that .Defendant has agreed to provide the requited thtotiittonta, toe parties ti,*
aow jointly request feat fee court ocfieod fee deadUaos to identify experts until Monday,
December 19,1994 for HamtUff end Monday, February 20, 1995 fix Defendant.
UCC 073625
.v
NCJJ-07-1994 11*.55
FROM DRftYDEN UYOE & UOOD LLP
TO 121290&20S1-C0030005
tvwytcguuj auuini.riao.
P.03
OF COUNSEL: DRAYDBN, WYCHE A WOOD, ULP. 1360 Post Oak BJvd, Suite 1650 Houston, Texas 77056 (71S) 965-6120 <713) 9600010 (Ax)
OF COUNSEL: STOLBY A AUSTIN Theodore J. HuophiZoc 875 Third Avenue New York, New York HXB2 <312)906-2000 <212) 906-2021
OF COUNSEL: SDLEY A AUSTIN SeoHC. Sdlbers Ctee Fin* National Pitta Chicago, Dlmois 60603 (312) 853-7000 (312) 853*7036 (Ax)
Attontey-ln-Chinfe Scare Bar No* 21905500 1360 Post Oak Blvd.,
Suite 1650 HoBston.lteas 77056 (713) 965-0120 (713)960-0010 (Ax)
UCC 073626