Document XOLbRD8xd88oN2oxkj0DBD0zR

Telephone: (702) 385-4202 BRADLEY & MEKRELL c/o Jones, Jones, Close & Brown,: Chartered 700 Bank of America Plaza 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 21, 1993 VIA FAX John L. Thorndal, Esq. Thorndal, Backus, Maupin & Armstrong 1100 East Bridger Avenue Las Vegas, Nevada 89101 J. Bruce Alverson, Esq. Alverson, Taylor, Mortensen & Nelson 3821 West Charleston Boulevard Las Vegas, Nevada 89102 John Tatlock, Esq. Kirkland & Ellis 1999 Broadway, Suite 4000 Denver, Colorado 80202 Konrad Cailteux, Esq. Weil, Gotshal & Manges 767 Fifth Avenue New York, New York 10153 Robert Shaughnessy, Esq. Williams & Connolly 725 12th Street, N.W. Washington, D. C. 20005 Re: Nevada Power Company v. Monsanto Company, et al. USDC, District of Nevada, Case CV-S-89-555-LDG-LRL Dear Counsel: Enclosed please find the July 21, 1993 2:00 p.m. draft of the Stipulated Order that Judge Leavitt directed our office to coordinate. This draft reflects all nominations received to date for both categories A and B. The names included in category A are those either already approved by previous Court order or agreed to by both the noticing and defending party. The "under discussion" deposition of the custodian of records is John Tatlock's suggestion, which I have elaborated on to include the language relating to hearsay. P:\USERS\LSG\NVP0UER\C0UNSEL.L27 All Defense Counsel July 21, 1993 Page 2 Thank you for your cooperation on this matter. X believe that together we can do a good job of ensuring that all parties either get the remaining depositions they wish to have taken or at least reserve the right of filing motions to compel or for protective orders regarding uncompleted depositions. Best regards Sincerely, PEMslsg cc: Michael T. Gallagher John H. Kim David McCrea Barbara Banks PAUL E. MERRELL Coordinating Attorney P:\USERS\LSG\NVP0UER\C0UNSEL.L27 1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 NEVADA POWER COMPANY, etc., ) ) 4 Plaintiff, ) 5 VS. ) ) 6 MONSANTO COMPANY, etc., et al., ) ) ) 7 Defendants. ) _________________________________________) 8 CASE CV-S-89-555-LDG (LRL) STIPULATED ORDER JULY 21 1993 2 P.M. DRAFT 9 All parties to this action, through undersigned counsel, agree 10 and stipulate that certain depositions noticed by the parties prior 11 to July 23 either should occur or require further discussion among 12 the parties: 13 A. The following depositions should be allowed to be taken 14 following the July 23, 1993 fact deposition deadline. The parties 15 should be instructed to meet and confer in good faith regarding the 16 dates for the depositions. 17 1. Ron Lawrence, previously noticed by Nevada Power 18 Company. (Already approved by existing order). 19 2. Raymond Paschke, previously noticed by Nevada Power 2 0 Company. (Already approved by existing order). 21 3. Roger Wills, previously noticed by Nevada Power 22 Company. (Already approved by existing order). 23 4. Robert Don McClain, previously noticed by Nevada Power 24 Company. (Already approved by existing order). 25 5. Jeff Bair, personal capacity and 30(b)(6), previously 26 noticed by Nevada Power Company. (Already approved by 27 existing order.) 28 6. Completion of John Brown of G.E., previously noticed 1 by Nevada Power Company. 2 7. Retaking of 30(b)(6) notice to G.E. regarding alleged 3 evidence destruction, previously noticed by Nevada 4 Power Company. 5 8. Retaking of 30(b) (6) notice to G.E. regarding warnings 6 to trade associations, previously noticed by Nevada 7 Power Company. 8 9. Subpoena deposition of Fluor Power Services, Inc., 9 previously noticed by General Electric. 10 10. Manny Neal, previously noticed by Nevada Power 11 Company. 12 11. Continuation of Dennis Schwehr deposition previously 13 noticed by Monsanto. 14 B. As to the following depositions, the parties have not 15 agreed that they should be taken, are negotiating in good faith, but 16 reserve the right to move for protective orders at a later time. The 17 parties agree that the fact such depositions were not taken on or 18 before July 23, 1993 should not be considered by the Court in ruling 19 on such motions for protective orders. The parties should be 2 0 instructed to meet and confer in good faith regarding the need for 21 andi/or dates of the depositions. 22 23 UNDER DISCUSSION FOR INCLUSION IN STIP 24 12. Dr. Emmett Kelly, previously noticed by Nevada Power 25 Company. 26 13. Richard Mahoney, previously noticed by Nevada Power 27 Company. 28 14. 30(b)(6) notice to Nevada Power re reliance, 2 1 previously noticed by Monsanto. 2 15. 30(b)(6) notice to Nevada Power re property damages, 3 previously noticed by Monsanto. 4 16. 30(b)(6) notice to Nevada Power re G.E. 5 interrogatories, previously noticed by General 6 Electric. 7 17. 30(b)(6) notice to Monsanto regarding IBT 8 (continuation of Levinskas portion), previously 9 noticed by Nevada Power. 10 18. Deposition of Custodian of Records for each party 11 solely to authenticate documents and to determine 12 their status under the Rules governing admissibility 13 of hearsay evidence (to the extent the documents are 14 not otherwise authenticated through agreement of the 15 parties or responses to prior discovery requests 16 seeking authentication/hearsay status). 17 19. 1 8 DATED: July ___ , 1993 19 20 BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL 21 PAUL E. MERRELL 22 Coordinating Attorney BRADLEY & MERRELL 23 c/o JONES, JONES, CLOSE & BROWN 300 South Fourth St., Suite 700 24 Las Vegas, Nevada 89101 (702) 385-4202 25 Attorneys for Plaintiff 26 NEVADA POWER COMPANY, a Nevada corporation 27 28 3 1 DATED: July 2 3 4 5 6 7 8 9 10 DATED: July 11 12 13 14 15 16 17 18 19 20 21 22 23 24 pcm\avp<we(\iiustcr.stp 25 26 27 28 , 1993 , 1993 THORNDAL, BACKUS, MAUPIN & ARMSTRONG By: _____________________________ JOHN L. THORNDAL THORNDAL, BACKUS, MAUPIN & ARMSTRONG 1100 East Bridger Avenue Las Vegas, NV 89101 (702) 366-0622 Attorneys for Defendants MONSANTO COMPANY and WESTINGHOUSE ELECTRIC CORPORATION ALVERSON, TAYLOR, MORTENSEN & NELSON J. BRUCE ALVERSON ALVERSON, TAYLOR, MORTENSEN & NELSON 3821 W. Charleston Blvd. Las Vegas, Nevada 89102 (702) 384-7000 Attorneys for Defendant GENERAL ELECTRIC COMPANY IT IS SO ORDERED. Magistrate Judge United States District Court DATED: 4 BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 M ESSAG E FROM XERO X 7024: (702) 385-1655 DATE: July 21, 1993. TO: John L. Thorndal, Esq. FA X #: (702) 366-0327 PHONE #: (702) 366-0622 TO: J. Bruce Alverson, Esq. FA X #: (702) 385-7000 PHONE #: (702) 384-7000 TO: John Tatlock, Esq. FA X #: (303) 291-3334 PHONE #: (303) 291-3000 TO: Robert Shaughnessy, Esq. FA X #: (202) 434-5029 PHONE #\ (202) 434-5843 TO: Konrad L. Cailteux, Esq. FAX #: (212) 310-8007 OR (212) 735-4657 PHONE #: (212) 310-8000 FROM: Paul E. Merrell MATTER/MATTER NO.: Nevada Power v. Monsanto, et al., #11927.2 DOCUMENT(S) DESCRIPTION: Letter enclosing July 21, 1993 2:00 p.m. draft of the Stipulated Order NUMBER OF PAG ES (including cover page): Seven (7) 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 YOU EXPERIENCE PROBLEMS WITH THIS TR A N SM ISSIO N , please call (702) 385-4202 and ask for: Operator, Ext. 615 STO^Z & FORWARD REPORT DATE/TIME LOCAL TERMINAL ID. LOCAL NAME COMPANY LOGO 7-21-83 5 :13PM 7023851655 BRADLEY AND MERRELL No. REMOTE STATION START TIME DURATION #PAGES MODE 001 JOHN THORNDAL 7-21-83 4-:46PM 2'4-0" 7/ 7 EC SF 003 B FEATHERSTONE 4:55PM 3 '19" 7/ 7 EC SF 004- STEVEN KUNEY 4-:59PM 1 '36" 7/ 7 EC SF 005 ARVIN MASKIN 5:06PM 2 l38" 7/ 7 EC SF 002 BRUCE ALVERSON 5 :1OPM 2 '09" 7/ 7 EC SF DIAL GROUP No. 0061 001 002 003 004 005 TOTAL 0=12'22" 35 DIRECTORY NUMBERS RESULTS COMPLETED 9600 COMPLETED 9600 COMPLETED 14400 COMPLETED 9600 COMPLETED 9600 NOTE: No. DIRECTORY NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI--POLLING RM RECEIVE TO MEMORY