Document Re00Qja46BLbpyDmByj6Z3mB

MEMORANDUM TO: FROM: RE: DATE: Paul Merrell and File Ralph Bradley pe&j. Nevada Power Company v. Monsanto Company, et al. July 13, 1993 At yesterday's deposition of Bill Papageorge (30(b)(6) on sales to vendees) we learned Elmer Wheeler assembled (edited) Exhibit 1118 (422). The authors were the Ad Hoc Committee. Two were members of the business group (Dr. Farrar and Dr. Richard), one was a member of the manufacturing department (Paul Hodges), and the remaining two were members of Monsanto's public relations and medical departments. Papageorge said this exhibit was a draft and was used to prepare a report with eight to twelve recommendations that were presented to a top seller committee on corporate policy for PCBs. Emmet Kelly and Elmer Wheeler prepared the medical portion of the report, Howard Bergen and James Springate prepared the remainder. Their report went to this top select committee which included Monsanto's Chairman, of the Board and its V.P. and general counsel. Papageorge also said that Wheeler told him the graphs appended to this 1969 exhibit were not part of the report given to the select committee because it was all conjecture. NOTE - For your moot court session with Burge & Wettermark, , ,, , , look at Benignas deposition where he said that document which f>s fairly good at describing harmful health effects and precautions " b Memorandum to PEM and File July 13, 1993 Page 2 .* was intended only for internal use and was not to be distributed outside Monsanto. It is interesting to compare the information in that document with what Monsanto was telling the public. PEM:dd evg\cor\/iIc-pem .m02 ' 1 4 l Telephone: (702) 385-4202 BRADLEY & MERRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 13, 1993 Via Fax Konrad Ca iIteux, Esq. (212) 312-8007 Peggy Leen, Esq. (702) 366-0622 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear Counsel, It has come to our attention that Westinghouse1s response to Request No. 26 Nevada Power's March 18, 1993 Subpoena Duces Tecum appears inadequate and vague. You mentioned in yesterday's phone conference that Westinghouse has documents supporting your position that a search has been conducted and that no documents were destroyed. We suggest that the documents supporting your response to this request be submitted to Judge Leavitt for in camera review to determine whether they are in fact privileged or protected from discovery. I have enclosed a copy of the relevant page from Westinghouse's response. I suggest we discuss this issue during this afternoon's phone conference. Sincerely, BRADLEY & MERRELL enclosure DNM:bms dnm\nvpower\cor\lccn.01 P:\USERS\DNM\NVP0WER\ DEBORAH N. MAILANDER ih .-1 lead to the discovery of admissible evidence. Without prejudice to or vaiver of its objections, Westinghouse responds by stating that to the best of its knowledge, information and belief, no documents were discarded, disposed of, or removed from Westinghouse1s possession, custody or control in response to, or as a result of, the Industrial Hygiene document retention proposal discussed in the Draft Memo. REQUEST NO. 26 Produce any and all documents discussing, examining, or reporting on investigations into whether any or all documents included in the system of records reviewed and inventoried as described in pages one through seven of the attached copy of Exhibit 1212 were destroyed, disposed of, or otherwise removed from Westinghouse1s possession, custody, or control after Exhibit 1212 was generated. RESPONSE: Westinghouse objects to Request No. 26 on the grounds that it is overly broad and not reasonably calculated to lead to the discovery of admissible evidence. Without prejudice to or waiver of its objections, Westinghouse responds by stating that to the best of its knowledge, information and belief, no documents were discarded, disposed of, or removed from Westinghouse1s possession, custody or control in response to, or as a result of, the Industrial Hygiene document retention proposal discussed in the Draft Memo. REQUEST NO. 27 Produce any and all indices, inventories, or other records of documents contained in the systems of records described in pages one through seven of the attached copy of Exhibit 1212 at the time Exhibit 1212 was generated. RESPONSE; Westinghouse objects to Request No. 27 on the grounds, that the terms "indices'* and "inventories" are vague and 18 BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of Am erica Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M ESSA G E FROM XER O X 7 0 2 4 : (702) 385-1655 ^klyDATE: /, TO: FAX# : PHONE #: FROM: CLIENT/MATTER: Nevada Power v. Monsanto. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUM BER OF PAG ES (including cover page): M E S S A G E-: I T} vjyf II PzltierTL* THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF Y O U EXPERIEN CE PR O BLEM S WITH THIS TR A N SM ISS IO N , please call (702) 385-4202 and ask for: Operator, Ext. 615 I& _____________ r'..k BRADLEY & MERRELL JONES. JO N ES, CLOSE & BROWN. CHARTERED Seventh Floor -- Bank, o f A m erica Plaza 3 0 0 South Fourth Street Laa Vegas, Nevada 8 9 1 0 1 -6 0 2 6 (702) 3 8 5 -4 2 0 2 M R S SA Q E FROM X E R O X 7 0 24= (7021 .aaBjJjSB.B DATE: - J c j A y g" TO; r>a<\rA y K a,, v\ :FROM O-e. Vj WlA-.'i w u ^ < F A X tf: PHONE #; CLIENT/MATTER: Nevada Rower v- Monsanto CU EN T /M ATTER NO.; 11927.2 D O C U IVIENT(S) DESCRIPTION; N U M BER OF P A G E S (Including cover gage): MESSAGE: J/ -f THIfiTCUCOPY ISINTENDED ONLY FORTHE AODnCGSEC NAMED MOVE. ITMAY CONTAIN iNfORMATIONTHAT l*PMWILap [ AMD eONPlDCNYtAL. IFYOU HAVE RECEIVED THE TELECOPY IN ERROR. PLEAflE NOTIFY U* fMMfiOIATEkY BY TLFFMON< OEBTnav ALL OOPIEH^ ANO DO NOT DlUfiMiNATE 1 ME INFOnMAllOM TU ANYONE. THANK VDU FOB VOLm AAAIITANCCt IF YO U EXPERIEN CE PR O B L EM S WITH T H IS T R A N S M IS S IO N , please call (7 0 2 >3 8 &-4 - 2 0 2 and ask for: OperaTor, Ext. 6 1 5 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 3 TOTAL PAGES CONFIRMED : 3 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 ARY1N MASKIN 7-13-83 11:53AM 1 ,22M 3/ 3 EC COMPLETED 9600 TOTAL 0:01'22" 3 NOTE: No. OPERATION 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 _____ r. i BRADLEY & MERRELL JO N E S , JONES, CLOSE & DROWN, CHARTERED Seventh Floor -- Boote of Am erica Plaza 3 0 0 South Fourth Street Lee V e g a s , Nevada 89 "I0 1-60 26 1702) 3 8 6 -4 2 0 2 M ESSAG E FROM XERO X 7024: 385-165.5. DATE: -Jotit, / . M l *? srv \f jes. P-_53M . I-- FROM : _K>-e,^> - vVA tltwtpce r FAX PHONE : CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/M ATTER NO.: 11927.2 DOCUMENTISI DESCRIPTION: NU M BER OF P A G E S (Including cover page): 4- - w w - !( - TMItt Tt u c n P Y |K IM T tM O aO N LV r o n TH I WORE-NMGB NAMED ADO VI, n MAY CONTAIN INFORMATION TMAT IS YRIVILBOED AND CONFDINTIA1. If YOU HAVE RECEIVED THI TEIKCOPY IN QlrtOA. 1` l.tAHb NOTIFY UA IMMEDIATELY V TELEPHo N L UCATPOV ALL c o n a s . AND d o NOT DISSEMINATE THE INFOMMATION TO AN YONE. THANK YOU POH YOUR ASBUTANCE. IF VOU EXPERIENCE PR O B LE M S WITH THIS T R A N SM ISSIO N , please call (702) 3 8 5 -4 2 0 2 and ask. for: Operator, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 3 TOTAL PAGES CONFIRMED : 3 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS I PEGGY LEEN 7-13-83 11:56AM I *24" 3/ 3 EC COMPLETED 9600 TOTAL 0 :Ol '24" 3 NOTE: No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD Rl RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULT l-POLLING RM RECEIVE TO MEMORY