Document NGRgkRw4JGEd64GwJ1E9p0bRR

BRADLEY & MERRELL c/0 JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 (702)MESSAGE FROM XEROX 7024: 385-1655 DATE: / W 2 ., m 3 TO: David McCrea, Esq. FAX #: (812) 336-5307 PHONE #: (812) 336-4840 FROM: P& 1/J ____________ CLIENT/MATTER: Nevada Power/Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: 77 ________ THIS TELECO PY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. iT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED THE TELECO PY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHO NE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO A N YO N E THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 AB R A D L E Y & M E R R E L L C/O JONES, JONES, CLOSE BROWN, CHARTERED Seventh Floor -- Bank of Amarica Plaza 3 0 0 SoutP Fourth Straat La Vg, Nevada 8 0 1 0 1 - 6 0 2 6 <7 0 2 ) 3 B5 - 4 2 0 2 M E S S A G E F R O M X E R O X 7 0 2 4 : C 7 U Z \ 3 SS .1 SSS DATE: __________ TO: David MaGroa. Esq. FAX fro m : \^ e x ^ L .( RHONE ] M e^etj___________________________ CLIENT/M ATTER: Novado Rowar/Monsanto C L I E N T / M A T T E R NO.: 11927.2 D O CU M EN T(S) DESCRIPTION: (B12) 336-5307 (812) 338-4840 N U M B E R OR R A G E S (Including c o v a r paga): MESSAGE: lA N O C O M FinFN T IA L . IF ' iKMk. oesTHcrr a l l uopae, pIFlesYsOoUcaEllXP(7 E0 R2 )IE3NBC5 --E4 2P0R2 OaBnLdEaMsSk fWorIT: HRoTbHeIrSt OTRatAeNrloShM, IESxSt.IO6 N1 5, TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 2 TOTAL PAGES CONFIRMED : 2 *** SEND *** -- No. REMOTE STATION START TIME DlRATION #PAGES MODE I D. MCCREA 8- 2-93 I:47PM I 22" 2/ 2 I_ NOTE: No. OPERAT ION NI MBER 48 PD POLLED BY REMOTE SF MB SEND TO MAILBOX PG TOTAL O-Ol 22" 4800BPS SELECTED EC STORE & FORWARD Rl POLL ING A REMOTE MP ERROR CORRECT RELAY IN IT I\TE MULTI-POLLING RESULTS COMPLETED 9600 G2 G2 COMMUN ICAT ION RS RELAY STATION RM RECEIVE TO MEMORY BRADLEY & MERRELL 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: (7021 385-1655 DATE: . Z lit? TO: John H. Kim, Esq. FAX #: (713) 654-5070 PHONE #: (713) 654-4433 FROM: Paul E. Merrell CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: a- THIS TELECO PY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABO VE TT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED THE TELECO PY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPH O N E DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO AN YO N E THANK YOU FOR YOUR ASSISTANCE IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Randy Andreini, Ext. 615 Telephone: (702) 385-4202 cB/oRJAonDesL, EJoYnes&, CMloEseR&RBErLowLn 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fa*: (702) 385-1655 July 30, 1993 Mr. Revelle Taylor 6600 West Charleston Boulevard Las Vegas, Nevada 89102 RECEIVED AU6 - 2 1093 Re: Nevada Power Company v, Monsanto Company, et a L USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear Mr. Taylor: Under cover of this letter, please find a new copy of your Retainer Agreement for the above-captioned case. The new Agreement reflects your requirement of a 85,000 retainer. If you would please review and sign it, I would appreciate it. If there are any problems, please let me know as soon as possible. As I stated on the telephone, the expert disclosure in this case is not scheduled to take place until August 20, 1993, and depositions of Nevada Power's experts will not begin until August 20, and they will continue until October 1, 1993. If you would please let us know what dates from those times are best for you, we can try to relay that information to the defendants. Your check for your retainer should be arriving directly from Nevada Power Company under separate cover. Sincerely, BRADLEY & MERRILL r j s :bms cc: TNB J.H. Kim, Esq. M.T. Gallagher, Esq. j: taevWjfUprtNtaylorJM OBERTA JK STRAUB Mr, Revelle Taylor July 30, 1993 Page 2 I II I [ I NEVADA POWER CCOOMNPSANUYLTVI*NGMAOGNRSEAENMTEONTCOMPjANY. ET AX* This agreement is by and between Nevada Power company ("Nevada Power") and Mr. Revelle Taylor, CPA. It concerns) the matter of Nevada Power Company v. Monsanto Company, et al._, USDC, District of Nevada, Case CV-S -89-555-LDG-LRL. Nevada Power desires to retain the services of Mr. Taylor as an expert in the area of Nevada Power1s estimation of damages suffered as a result of the defendants' fraudulent concealment and failure to warn. In addition, Mr. Taylor's expertise is sought in reference to an estimation of the defendants' ability to pay punitive damages through an analysis of their financial statements. Therefore, it is agreed to by the parties that: l. Consulting Services Mr. Taylor agrees to provide consulting and other services regarding accepted accounting practices in Nevada Power *s estimation of damages, and the ability of the defendants to pay punitive damages. He aiso agrees to provide all services which are incidental to and in conjunction with these areas. .2 Independent Status [| Nothing in this Agreement shall be considered as creating the relationship of employer and employee between Nevada Power and Mr. Revelle Taylor. Hr. Taylor at Iall times shall be deemed an Independent contractor. ) Fee Schedule Nevada Power agrees to pay Mr. Taylor in accordance with the following fee schedule: a. Retainer F r $5 ;000 a. All non-deposition or [ $125/hr. non-trial time spent in preparation for this litigation after retainer depleted 1 1 Mr. Revelle Taylor July 30, 1993 Page 3 Non- deposition or non- trial time includes research, review and analysis of relevant material regarding accounting matters, personal or telephonic conferences and consultation and/or preparation of reports. b. Deposition/trial testimony $150/hr. c. Staff support $80-100/hr. This covers the fees of a supervisory-level CPA to assist Mr. Taylor in the preparation of materials for this case. d. Office expenses To be billed separately to Nevada Power E. Travel expenses incurred To be billed separately for reimbursement or arranged by Nevada Power This covers expenses generated in long distance travelling to or from sites for meetings, conferences, depositions, hearings or trial. All air travel will be by regular coach unless no other accomodations are available. The above fee schedule shall not be changed or amended without the written agreement of both parties. 4. Mr. Taylor will send a monthly billing statement reflecting all services, fees and expenses. 5. If in any one month Mr. Taylor expects to charge Nevada Power $5,000 or more, he must submit an itemized estimate of the charges in writing for prior approval. 6. Due to the size and nature of this litigation, if for any reason Mr. Taylor is not able to continue as a consultant on this case, he must give Nevada Power Company at least thirty (30) days' notice. The notice shall be in writing and sent via certified mail to: nna Mr. Revelle Taylor July 30, 1993 Page 4 Paul E. Merrell, Esq. 300 S. Fourth St., 7th Floor 700 Bank of America Plaza Las Vegas, Nevada 89101-6026 7. It is understood that Mr. Revelle Taylor will undertake efforts on behalf of Nevada Power only as requested. B. This Agreement constitutes the entire agreement between the parties relating to the subject matter hereof. Any amendment or modification must be in writing and signed by each party. 9. This Agreement is hereby signed and executed by: Nevada Power Company by and through its attorneys Bradley & Merrell By: Paul E. Merrell, Esq, j :\nev\rj\xprt\tiylar.l(M PCIEERRTCIFYIE, DBOPWUBLLEICRA, CTCAOYULNOTRAN&TSK, ELTRDN A PROFESSIONAL CORPORATION 660L0AWS VESETGSACUSH,IATNREELV1E1AS8TDOAN89B1L02VD TELEPFHAOXN(E70(27)0Z87)03-8244-714120 DATE: -93 CLIENT NAME: TO: P>C&JLT&- J- S-r/LAuS FROM: /? l/C/ /f 77? y / <7aL FAX NUMBER: ijPZ-')3&'5' TOTAL NUMBER OF PAGES __ INCLUDING COVER SHEET: S ' MESSAGE: