Document NGJq7Dx214GxLmk7yaYoOGRx8

ROSE RT L. HOLL1NGSHEAO DIRECT DIAL NUMBER (SOI) 631*4017 Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE P.O. BOX 1945 MORRISTOWN, NEW JERSEY 07960*1945 MORRISTOWN (201) 267-3333 NEW YORK (212) 926*0331 TELEX 6*12014 TELECOPIER (20l) 267*3727 '> / I I NEWARK OFFICE 33 WASHINGTON STREET NEWARK, NEW JERSEY 07102 (201) 023*1960 October 11, 1989 John Downey, Esq. Union Carbide Corporation Law Department E3-285 39 Old Ridgebury Road Danbury, CT 06817-0001 PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" Re: Peterson v. Union Carbide Corporation and Joan Bernadino, Executrix of the Estate of Robert J. Bernadino v. Union Carbide Corporation Dear John: Please be advised that, apparently through inadvertence, the Court entered an Order consolidating the Peterson and Bernadino cases. This Order was the one submitted by plaintiffs' counsel, Mr. Levinson, when he responded to our motion regarding his expert reports in Peterson. When Judge Brietkopf signed our proposed Order with changes on September 18, his chambers advised us that the Order submitted by Levinson was not being signed. However, on September 25, the Judge signed the Order of consolidation. I have spoken to Mr. Levinson on this issue. Because of the approaching trial date in Peterson, which is now scheduled for October 30, he recognizes that the consolidation request was a mistake. He only asked for it on the assumption that the Court would give both parties a realistic extension of the discovery period to properly prepare the case. Therefore, he has prepared a Consent, Order disconsolidating the cases (a copy is enclosed) and L have signed same and returhed it to him. i \ UCC 088512 Fitney, Hardin, Kipp & Szuch John Downey, Esq. October 11, 1989 Page 2 With regard to the listed trial date in Peterson, Mr. Levinson has advised me that Dr. Epstein is in Europe on a lecture circuit and will not return until middle or late October. Therefore, he will have the trial adjourned for at least one month. Because Nick Wheeler also will be vacationing in London in November and because we need time to provide our expert reports, I agreed to his making the adjournment request. Please call if you have any questions regarding the above. Sincerely, RLH:lh Enclosure cc: Mr. R. C. Wise (w/enc.) ROBERT L. HOLLIN PRIVILEGED AND SUBJECT^ MATERML o;oeTtect,ve UCC 088513