Document VGew1EQomKaeVebpEpJE9Ew0q

i A .k Telephone: (702) 385-4202 cB/oRJAonDesL, EJoYnes&, CMloEseR&REBrLowLn 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 15, 1993 VIA TELEFAX - 202/508-5673 Joe Yost, Esq. Edison Electric Institute 1111 19th Street N.W. Washington, D.C. 20036 Re: Subpoena Issued for Nevada Power v. Monsanto, et al Dear Joe: Under this cover, please find the discovery scheduling order from this case. Please note particularly numbered paragraph 1, which establishes May 14, 1993 as the cut-off date for serving "all written discovery requests, including interrogatories, requests to produce documents and requests for admissions.1I1 In my opinion, this portion of the order can be fairly read to apply to subpoenas duces tecum as well. As we discussed, Fed.R.Civ.P. 30(b)(6) requires that the subpoena must "describe with reasonable particularity the matters on which examination is requested, and must "advise a non-party organization of its duty to make . . . a designation" of a person to testify on the organization's behalf as to the described matters. Absent such a designation, the non-party has no way of preparing a witness. I hope this is helpful. We will be reviewing our legal research to see if we have any authorities that might help in your situation. Sincerely, PEM :dd cvg\cor\yo3tl01 1 i Bl 4-k b u u J '~rr-^^suJL r.il . ri . * i D 1 S lM t & ^ * '7 -n 2 Pb . - 9 WV 3T 4 fi?a b IZ 25 ni *93 j. ^_ ' .ZIALD b y Z 2 J s j f o n a ^ a al- 5 6 -5 7 6 NEVADA POWER COMPANY, 9 Plaintiff, 10 v. 11 *** CV-S-89-555-LDG (LRL) 12 MONSANTO COMPANY, et al., 13 D e f e n d a n t s .1 14 15 SCHEDULING ORDER AND LITIGATION PLAN 16 The Court has considered Plaintiff's Corrected March 4, 1993 17 Motion to Extend Discovery (#323, filed March 22, 1993), 18 Defendants' Joint Opposition thereto and Cross-Motion for 19 Alternative Discovery Schedule and Litigation Plan (#324, filed 20 March 22, 1993), and the arguments and representations made by 21 counsel during the hearing conducted on March 25, 1993. Based 22 thereon, the following scheduling order and litigation plan are 23 established. 24 1. The parties shall serve all written discovery requests 25 including interrogatories, requests to produce documents and 26 requests for admissions, no later than May 14, 1993. Responses to i fe /.w 1 all written discovery requests shall be provided no later than June 2 18, 1993. 3 2. Plaintiff shall supplement its answers to the defense 4 contention interrogatories already on file (that is, Plaintiff will 5 supplement its October 16, 1992 answers to Defendants' contention 6 interrogatories) by May 28, 1993. Defendants will (a) supplement 7 their October 16, 1992 answers to Plaintiff's contention 8 interrogatories regarding affirmative defenses, and (b) respond to 9 Plaintiff's statute of limitations contention interrogatories served 10 on January 16, 1993, by June 4, 1993. The parties shall list 11 specific facts and identify specific supporting documents in these 12 answers and shall not merely make conclusory statements. 13 3. Plaintiff may submit up to 700 documents to Defendants 14 collectively, in addition to those previously submitted in 15 Plaintiff's First Request for Admissions, and Defendants shall 16 indicate by stipulation for each whether the document is authentic 17 pursuant to Fed. R. Evid. 901 or 902, and whether it is a business 18 record pursuant to Fed. R. Evid. 803(6). Defendants may likewise 19 collectively submit 700 documents to Plaintiff for similar 20 stipulation. All requests for stipulation shall be submitted by May 21 14, 1993, and responses shall be due no later than June 18, 1993. 22 4. Plaintiff shall serve on each Defendant a list of its 23 intended fact witnesses, together with a brief statement of each 24 witness' expected testimony, by June 18, 1993. Defendants shall 25 each serve on Plaintiff a list of their intended fact witnesses, 26 2 ih , 1 together with a brief statement of each witness' expected testimony, 2 by June 25, 1993. 3 5. All parties shall complete their fact witness depositions, 4 including any document authentication depositions, by July 23, 1993. 5 Neither Plaintiff nor Defendants shall notice and take more than 40 6 fact witness depositions, whether they be personal or Rule 30(b) (6) , 7 that do not relate primarily to the authentication of documents. 8 6. Plaintiff shall provide Rule 26(b)(4) disclosure of its 9 experts and their anticipated testimony by July 30, 1993. 10 Defendants may depose Plaintiff's experts from July 30 through 11 August 20, 1993. 12 7. Defendants shall provide Rule 2 6 ( b ) (4) disclosures of 13 their expert witnesses and their anticipated testimony by August 27, 14 1993. Plaintiff may depose Defendants' experts from August 27 15 through September 17, 1993. 16 8. Discovery will close on September 18, 1993. 17 9. The Court recognizes that this Order provides for a longer 18 discovery period than was requested by the parties. However, in the 19 interest of ending the discovery phase of this lawsuit on a 20 reasonably foreseeable date certain, it is the Court's intent to 21 impose a strictly enforced discovery plan which is manageable and 22 attainable. All previous deadlines that are inconsistent with this 23 Order are hereby rescinded. 24 10. Nevada Power's motion to reduce the number of defense 25 witnesses (# 231), and its appeal dated January 28, 1993 (# 271) are 26 3 i fe zs.. 1 withdrawn as moot. 2 11. Nothing in this Stipulation and Order alters or modifies 3 the provisions of Local Rule 190-3 governing the joint pretrial 4 order. 5 12. Except as otherwise expressly provided herein, this Order 6 does not bar any party from objecting to any discovery served in 7 accordance with this Order. Discovery disputes shall be adjudicated 8 on an expedited basis. The parties are therefore directed to 9 provide my chambers with a courtesy copy of any discovery motion or 10 response which may be filed. However, no discovery dispute will be 11 considered by the Court unless and until there has been a meaningful 12 attempt by counsel to resolve the matter informally, as required by 13 Local Rule 190-1(f)(2). 14 IT IS SO ORDERED. 15 DATED this dav of April, 1993. 16 17 18 LAWRENCE R. LEAVITT UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 4 Ib BRADLEY & MERRELL JONES, JONES, CLO SE & BROWN, CHARTERED Seventh Floor -- Bank of Am erica Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: f7n21 385-1655 DATE: III/H.' TO: )0 6 T t (Es q FA X # : J -/S $ ' r]3 PHONE #: FROM: r o , J P f ij M lU ______________ CU EN T/M ATTER: Nevada Power v. Monsanto C U E N T /M A T T E R NO.: 11927.2 D O CUM EN T(S) DESCRIPTION: J jd jO qM S cL cL - N UM BER O F P A G ES (Including cover page): MESSAGE: 'J ________ THIS TELECOPY IS INTENDED O N LY FD R TH E ADDRESSEE NAMH7 ABO VE IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED 7H E7ELH SO PY IN BW O R, PLEA SE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY A LL COPIES,AND DO NOT DISSEMINATETH E INFORMATION TO ANYO NE. THANKYO U FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEM S WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 I ME88AQE FPIPIVI XEROX 7024: DATE: ______________________________ TO: ----Joe YOT7 i s FAX #: c PHONE #: -^, 70 FROM: / ^v ____________________________ CLIENT/MATTER: Navada Power v. Monsanto Client/matteb no.: 11827.2 DOCUMENT(S) DESCRIPTION: Ia x M . . C L J b tZ fZ lJ lv tJ C .. *5 C 'A * NUMBER OF PAGES (Including covar page): rvies s a g e : T L L \ c \ . iNOnFYlieOiMKMMeUTAHTAETLMV IF Y O U E X P E R IE N C E P R O B L E M S WITH THIS T R A N S M IS S IO N , p lease call (702) 385-4202 and aaK for: Robert O sterloh, Ext. 615 T R A N S M IS S ION R E P O R T THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) Hi* C O U N T ** TOTAL PAGES SCANNED : 6 TOTAL PAGES CONFIRMED : 6 *** SEND *** \ o. rr REMOTE STATION 2025085G73 START TIME 7 -1 5 -8 3 1:28PM D U R A TIO N #P A G E S 3 49" 6/ 6 MODE RESULTS COMPLETED 9600 TOTAL 0:03*49" 6 NOTE : N o . O PERAT ON NUMBER 4 8 4 8 0 0 B P S S E L E C T E D EC ERROR CO R RECT G 2 G 2 COMMI N 1C A T 1ON PD PO LLED BY REMOTE S F STORE & FORWARD R l R E L A Y 1N I T 1A TE RS R E L A Y S T A T IO N MB SEN D TO M A ILB O X PC POL L 1NG A REMOTE MP MULT 1 - P O L L IN G RM R E C E I V E TO MEMORY