Document XzXKVK4Yqaz7y6qqx0OXdbKMJ

SENT BY:BOSTON 9-24-91 4:54PM :N1TTER.McQ_ENNEN4FlS- w n. . ua r WIJ Jl< DANBIRY Cr:s 3/ 5 chu. '*& lASJ UNITS STATES DISTRICT COURT DISTRICT OF KA68ACSQBBTTB CIVIL ACTION N ) 89-30301-7 AIilCE L. WARREN, ADMZHISTRATRXX OF TKS ESTATE or JOHN K. WARREN, DECEASED, plaintiff vs. TU DON CHEMICAL COMPANY, TBZ 9.F. OOODRIC8 COMPANY, ONION CARBIDE COMPANY and COMTXNBNTAL OIL COMPANY, Defendants ) QAmur* a:no& PIMMCR The plaintiff# by her attorneys# bartoy morfcs to continue the settlement conference, now scheduled foe September \1, 1991 at 11(00 a.n.i for A period of thirty day*. In support her motion# the plaintiff atatee as follow* 1, A settlement conference is currently so luled far sepeem- bar 27, 1991 At 11(00 a.m. 2t At the lest conference held on June 25 1991, one of the ,111ms raised wee the voluntary dismissal by the plaintiff of defen- dents, Conoco end union carbide. In an effort te lesclve the uttder- lying issues regarding the potential liability of Conocc end Union Carbide end reach an agreement with counsel reg^r |ing their diemis- sal, plaintiff noted the deposition of R.B. Bur t, a former Mon- aanto employee, now retired. According te piairt f'e sources# Mr. Burnett is the person vhc would be most knot geeble regarding Monsanto's acquisition of vinyl chloride from otiiet companies during the relevant time period. Plaintiff noted Mr. nu nett's deposition UCC 077352 a!ST BY-BOSTON : 9-24-91 : 4:54PM : NUTTER, McCLENNENiF 1 S-> DtittlftY CT;fi 4/ 5 -2- ffoc September 34, 1991 ir. flt. i.oul in an efflor ; to obtain Mr. Burnett** testimony prior to the scheduled settl sent conference, Plaintiff1* attorneys learned on septeabar II, 19i'l that Mr. Burnett will be in Virginia until approximately October 111 f 1991, and will not ba available for a deposition until the lattar If Of October. 3. in July, plaintiff furnished the defendant! with a detailed oounterdemand quantifying her damages. To data# Plaintiff has not had any response from the defendants. In lati ugust, Attorney Burger, who represents Dow Chemical company, on Carbide and Conoco, indicated that her clients would not be Lb|e to reapond to the oounterdemand until me Issue of the dismi of Conoco and Onion Carbide was resolved. The plaintiff will iof bs able to re solve this issue until the deposition of Mr, Bu:n|tt is obtained. In the event thet Mr. Burnett' testimony does net implicate Conoco or Union Carbide, plaintiff will agree to cater lin|to a stipulation dismissing its claims against these two defendant; \Itbout prejudice as defendants1 counsel has proposed, 4, Given the current status of this case, bh plaintiff does not feel that it would be productive to go ferwarp ith the eattle- ment conference as scheduled. It is for this r that plaintiff requests that the conference be continued for a rlod of thirty days to allow the plaintiff to take Mr, Burnett deposition and thereby remove what has become a substantial iapejd ent to meaning- ful settlement discussions. UCC 077353 SENT BY-BOSTON ; 9-24-91 ; 4:55PM : NUTTER, McCLENNEN&FIS- DANttlKY CP* 5/ 5 -3- 5. Joseph Jlendini, Bag.. attorney for a.7 rsdrioh coapany, has indicated that he will assent to the allowanoi this Notion. THE PLAINTIFF ALICS t, WARREN, TH2 ESTATE OP J DECEASED INISTRATHIB OF H. WARREN, b^t^HotriS company q^ams s. Tourte Keith a* Minor `/Robinaon Bonovaz t Barry. P.C. 1500 Main Street Suite 1400 Springfield, Mai sJohusatta 01115 (413) 732*2301 3BO NO. 500S00 jenhetu Rendiat, Bag*r of (orrieon* Mahoney and Miller 2S0 Suaaec Street Boaton. MA 02210 (617) 439-7500 BBO MO, 206920 UCC 077354