Document X7vk09yMnGEmgkRrGRzbRKMwJ

BRADLEY & MERRELL JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America PSaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: (702) 385-1655 DATE: TO: Pa-p. FAX PHONE # : S/) FROM: CUENT/M ATTER: Nevada Power v. Monsanto CUENT/M ATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: fi' NUMBER OF PAGES (Including cover page): x? MESSAGE: I r T H S T B C O P Y IS INTENDED ONLY FOR THE A DDRESSSN AM B 3 ABOVE TT MAY CONTAIN INFORMATION THAT IS PRMLBGH3 AND CONFIDENTIAL. F Y O U HAVE RECEIVED THETELECOPY IN BQ3DR,PLEASE NOTIFY US IMMEDIATELY BY T E L e W N E , DESTROY ALL COPIES,AND DO NOT DISSEMINATETHE INFORMATION TO ANYO NE THANK YOU FDR YOUR ASSISTANCE I ____ _____________________________________ _______________ !__I_________________________ IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask fo r Robert Osterlotn, Ext 615 i j THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 28 TOTAL PAGES CONFIRMED : 28 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES M1ODE 1 512 24-4 3977 7-28-93 4:48PM 11*32" 28/ 28 EC NOTE = No. : OPERATION NUMBER PD = POLLED BY REMOTE MB = SEND TO MAILBOX TOTAL 0:1132" 28 1 I 48 : 4800BPS SELECTED EC :ERROR CORRECT SF : STORE & FORWARD RI :RELAY INITIATE PG : POLLING A REMOTE MP :MULTI-POLLING RESULTS COMPLETED 9600 G2 :G2 COMMUNICATION RS :RELAY STATION RM :RECEIVE TO MEMORY i AMENDMENT TO AUTHORIZATION AND CONTINGENT FEE AGREEMENT DATED JULY 14, 1988 Reference is made to that certain AUTHORIZATION AND CONTINGENT FEE AGREEMENT DATED JULY 14, 1988 (the "Fee Agreement") between Nevada Power Company ("Client") and Jones, Jones, Close & Brown, Chartered ("JJC&B"), pursuant to which Client retained JJC&B to represent it in the prosecution of the Claim (as defined in the Fee Agreement, sometimes herein called the "Case")J All! defined terms used in this Amendment have the same meanings as in the Fee Agreement unless the context requires otherwise. The parties hereto agree as follows: - 1. Fisher, Gallagher & Lewis, L.L.P. ("FG&I") are hereby associated as co-counsel to represent Client and to act as Trial Counsel in the Case, which is entitled Nevada Power Company v. Monsanto Company. General Electric Company! and! Westinahouse Electric Corporation et a l , No. CV-S-89-555--LDG in the United States District Court, District of Nevada. As prialj Counsel, FG&L will hereafter have responsibility for the prosecution, management and direction of the Case, and will report direttly to the Client. FG&L hereby accepts appointment as Trial CounselJ Client may discharge FG&L for cause. JJC&B will act as local counsel in connection with the prosecution of the Case and will coordinate with FG&L. 2. Allocation of any Fee is by separate agreement among FG&L, JJC&B and other participating counsel, [and Client has no responsibility or liability with respect to any such allocation. JJC&B will indemnify and hold Client harmless from any claims of other counsel for fees in excess of the Fee. 3. This Amendment may be executiend jone or more counterparts which, when executed and delivered, shall collectively comprise the agreement of the parties. DATED: August___ , 1993 . NEVADA POWER COMPANY JONES, JONES, CLOSE & BROWN CHARTERED By_______________ _ FISHER, GALLAGHER & LEWIS, P.P.C. By. chm\nevpower\agremts\amndmnt2.82 I AGREEMENT dated as of August 4, 1993 ("Agreement") among Fisher, Gallagher fit Lewis ("FG&L"), Jones, Jones, Close & Brown, Chartered ("JJC&B"), McCrea & McCrea, and Bradley & Merrell regarding prosjecution of the case entitled Nevada Power Company v. Monsant-o Company. General Electric Company and Westinghouse Electric Corporation et a l . No. CV-S-89-555-LDG in the United States District Court, District of Nevada (herein called the "Case"). 1. By separate agreement the execution arid delivery of which are conditions precedent to the effectiveness of tliis Agreement, FG&L has been named by Nevada Power Company ("NPC") to be and will be Trial Counsel, and as such will have responsibility for and be in charge of all aspects of the management andjprosecution of the Case, including without limitation the following: [a] Trial of the Case, including all|court appearances, hearings and telephone and other conferences with the judge (and/or the magistrate judge) and other counsel. [b] Developing strategy. [c] Communications with counsel. [d] Scheduling and taking of depositions of defendants' witnesses and other discovery in preparation for trial. [e] Motions, briefs, memoranda of points and authorities and other pleadings. [f] Settlement negotiations. 2. FG&L will provide attorneys, paralegals and other personnel as needed in the preparation and prosecution of the Case. 3. FG&L will commit necessary funding to the prosecution of the Case, to be used for out-of-pocket expenses such as travel, meals, lodging and related expenses, telephone, telecopier and other communications among counsel, as well a|s certain expenses not reimbursable by NPC. 4. FG&L will maintain and pay on a timely basis for such office space and personnel in *Las Vegas, Nevada 1as it deems necessary in the prosecution of the Case. Lt will occupy the office space now occupied by Bradley & Merrell until August 31, 1993. FG&L will pay JJC&B the rent for said space fjor the months of July and August, 1993. | 5. FG&L will be responsible for and will pay on a timely basis the wages and salaries of the associates and other employees of Bradley & Merrell effective July 1, 1993 and' thereafter to the date of termination. Associates Straub and Mailanderjwill be given the thirty days written notice required by theiI r coni tracts. All I employees except Banks, Dewar, Garfinkle, Gini .and Blakemore will be terminated July 29, 1993; Gini and Blakemoreiwill |be terminated August 6, 1993; and all retained employees ot:her than Gini and Blakemore will be notified that their employment may end at any time after August 27, 1993. 6. By August 31, 1993, the Las Vegas office of Bradley & Merrell will be closed. During the intervening period, Paul Merrell will exclusively supervise remaining staff, with his and staff's sole mission of transferring files and all case responsibilities to FG&L as smoothly as possible. Thereafter for the remainder of the case, Paul Merrell shall have the responsibility of remaining available for consultation with and among the client, FG&L, and other Case Counsel, and sliall have only such other responsibilities as FG&L and Merrell shall mutually agree. It is contemplated that Merrell would work,] primarily in Oregon, under the guidance of Michael Gallagher personally, with the proviso that Merrell would not be expected to assume responsibilities in excess of resources made available ty FG&L or by the client to accomplish those same responsibilities. FG&L shall be responsible for and pay to Paul E. Merrell a non- refundable advance on Merrell's portion of the Fee in|the amount of $6,000.00 monthly, payable in arrears for July, 1993 and in advance thereafter on the first day of each month through the remainder of the litigation. | i I 7. JJC&B, Bradley & Merrell and McCrea & McCrea will assist FG&L in the prosecution of the Case. JJC&B have be|en designated local counsel by NPC. 1 ! 8. Notwithstanding any other claim to the fee (the "Fee") specified and defined in the Authorization and Contingent Fee Agreement dated July 14, 1988 between Nevada |Power Company and JJC&B, as amended (the "Fee Agreement"), FG&L will receive for its services and financial support 25% of the Fee.1 The Fee for the purposes of this Agreement shall mean the amount; of the Fee remaining to be distributed among plaintiff's counsel after all of plaintiff's counsel have first recovered all of their]out of pocket costs and expenses. In the event there is a recovery from one or more of the defendants while the Case continues against the other defendant(s) , the parties hereto, in order to ensure t;hat there are funds sufficient to finance the prosecution^ of |the Case to conclusion, agree that they will contribute prorata to the costs of continuing the litigation commensurate with their interests in the F e e , except that [1 ] unless all parties agree, no party shall contribute more than 20% of its share of the Fee, and [2] no party shall be required to contribute an amount in excess of the portion of the fee distributed to it. * | i( 9. Time is of the essence in the performance b!y all parties of their obligations under this Agreement. Monetary obligations not timely paid shall bear interest at the rate 'of l.|5 percent per month or portion thereof commencing five business days after the due date. Tender of late payment together with interest shall not I Telephone: (702) 385-4202 BRADLEY & MERRELL j c/o Jones, Jones, Close & Brown j 300 South Fourth Street, Seventh Floor | Las Vegas, Nevada 89101-6026 I Telephone: (702) 385-4202 ] Fax: (702) 384-2276 (702) 384-0479 | i I Fax: (702) 384-0479 August 2, 1993 i i i i iii Honorable Lawrence R. Leavitt ; Magistrate Judge of the United States Districjt Court District of Nevada ; 300 Las Vegas Boulevard South Las Vegas, Nevada 89101 ' Re: Nevada Power Company v. Monsanto Company, et al, USDC, District of Nevada Case CV-S-8'9-555-LDG (LRL) Dear Judge Leavitt: Enclosed is a courtesy copy of the parties1 Stipulation and Order for Extension of Time to Reply to Defendants' Responses to Nevada Power's Motion Regarding Scrap or Salvage Value filed with the Court this date. i Sincerely, I BRADLEY & MERRELL oQjJs&wL DEBORAH N. MAILNDER D N M :bins Enclosures j j cc: Steven R. Kuney (via fax, w/enclosures) | J. Bruce Alverson (via fax, w/enclosuresj) Arvin Maskin (via fax, w/enclosures) I John L. Thorndal (via fax, w/enclosures) | Bruce A. Featherstone (via fax, w/enclosures) P:\USERS\LSG\NVPOUER\LEAVITT.L09 ii I 1 J. RANDALL JONES, ESQ. CHARLES H. McCREA, SR., ESQ. 2 DOUGLAS M. COHEN, ESQ. JONES, JONES, CLOSE 3 & BROWN, CHARTERED 700 Bank of America Plaza 4 300 South Fourth Street Las Vegas, Nevada 89101-6026 5 Telephone: (702) 385-4202 6 RALPH A. BRADLEY, ESQ. PAUL E. MERRELL, ESQ. 7 BRADLEY & MERRELL c/o JONES, JONES, CLOSE 8 & BROWN, CHARTERED 700 Bank of America Plaza 9 300 South Fourth Street Las Vegas, Nevada 89101-6026 10 Telephone: (702) 385-4202 11 Attorneys for Plaintiff NEVADA POWER COMPANY 12 a Nevada corporation 13 14 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 15 16 NEVADA POWER COMPANY, e t c ., ) ) 17 Plaintiff, ) 18 vs. ) ) 19 MONSANTO COMPANY, etc., et al., ) ) ) 20 Defendants. ) ____ ________________________________________ ) 21 CASE CV--S--89--555--LDG (LRL) STIPULATION AND ORDER FOR EXTENSION OF TIME TO REPLY TO DEFENDANTS' RESPONSES TO NEVADA POWER'S MOTION REGARDING SCRAP OR SALVAGE VALUE ] [FIRST, REQUEST] 22 IT IS HEREBY STIPULATED by and between attorneys for plaintiff 23 Nevada Power Company ("Nevada Power") and attorneys for defendants 24 Monsanto Company, General Electric Company! and Westinghouse 25 Electric corporation, that Nevada Power be granted an extension of 26 time from August 2, 1993 to and including 'Augusjt 6, 1993 to reply 27 to General Electric's and Westinghouse's jjoint response and iI 28 Monsanto Company's separate response to Nevada Power's motion in t 1 limine or, alternatively, for production of documents relating to 2 scrap or salvage value (C.R. # 390). I 3 There have been no prior extensions of time for Nevada Power's j 4 reply concerning this matter. i 5 6 DATED: August 2, 1993 7 BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL 8 9 By: l /1/fl fa PAUL E. MERRELL 10 Coordinating Attorney BRADLEY & MERRELL 11 C / O JONES, jJONES, CLOSE & BROWN 300 South Fourth S t . , Suite 700 12 Las Vegas, Nevada 89101 (702) 1385-4202 13 i I Attorneys for Plaintiff 14 NEVADA POWER COMPANY, a Nevada corporation 15 16 Other Counsel for 17 Plaintiff Nevada Power Company: 18 DAVID S. McCREA, ESQ. McCREA & McCREA 19 119 South Walnut Street 20 Post Office Box 1310 Bloomington, Indiana 47402 Telephone: (812) 336-4840 21 22 FREDERICK M. BARON, ESQ. RUSSELL WILLS BUDD, ESQ. 23 JANE N. SAGINAW, ESQ. BRIAN D. WEINSTEIN, ESQ. 24 PAUL F. DONSBACH, ESQ. BARON & BUDD 25 3102 Oak Lawn Avenue, Suite 1100 Dallas, Texas 75219 26 Telephone: (214) 521-3605 27 28 I I 1 MICHAEL T. GALLAGHER J. CRAIG LEWIS 2 JOHN H. KIM FISHER, GALLAGHER & LEWIS, L.L.P. 3 1000 Louisiana, 70th Floor Houston, Texas 77002 4 Telephone: (713) 654-4433 5 6 DATED: August 2, 1993 7 ALVERSON, TAYLOR, MORTENSEN & NELSON 8 9 BY:__________________________ 10 BRUCE ALVERSON, ESQ. ALVERSON, TAYLOR, 11 MORENSEN & NELSON 3821 West Charleston, Blvd 12 Las Vegas, NV 89102 (702) 384-7000 13 Attorneys on behalf of 14 General Electric THORNDAL, BACKUS, MAUPIN & ARMSTRONG III PEGGY LEEN, ESQ, THORNDAL, BACKUS, MAUPIN '& ARMSTRONG 1100 East Bridger Avenue Las Vegas, Nevada 89101 (702) 366-0622 Ij Attorneys on behalf of Westinghouse and Monsanto 15 16 17 IT ISI SO ORDERED. 18 19 I i 20 Magistrate]Judge United States District Court i* 21 ' 1 DATED: J 2 2 I ----------------------- 23 I 24 25 LSG\PLD\080293.ext 26 27 28 I I I I -3 I ! I I I 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 August 2, 1993 VIA TELECOPY ONLY David McCrea, Esq. McCrea & McCrea 119 S. Walnut Street P.O. Box 1310 B 1oomington, IN 47402 I \ , ' I I Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear David: In response to your memo of this date, please be advised that we have talked to John Kim who assures us 'his office is taking care of the depositions referenced therein. Therefore, materials discussed in the memo will not be forthcoming to you from this office. If you have any questions, please cail. i i Sincerely, I BRADLEY & MERRELL cc: John Kim, Esq. PEM:bjb P:\USERS\BJB\dmcrea01.Ltr I I I I