Document bK438aqdJVoOVo6JnVZxk2N3

November 16, 1989 VIA HAND DELIVERY Peggy A. Leen, Esq. THORNDAL, BACKUS, MAUPIN & ARMSTRONG 1100 E. Bridger Avenue Las Vegas, Nevada 89101 Dear Ms. Leen: The purpose of this letter is to clarify some matters with regards to the deposition scheduled in the upcoming weeks. On November 14, 1989, I spoke to David Clayson about switching the dates for Mr. Fabbi and Mr. McCarthy's depositior$.^Under the present schedule, Mr Fabbi is scheduled to be de^pfoesed November 27, 28 and 29, wiittjh^ Mr. McCarthy being deposed on November 30 and December 1 .4P Unfortunately, Mr. Fabbi cannot attend the November 29, 1989 deposition and Mr. McCarthy cannot\ attend the December 1, 1989 deposition. In order to make things flow smoothly, we propose that Mr. McCarthy's deposition be reset from December 1 to November 29 and Mr. Fabbi's deposition be roseh-edu lod from November 29 to December 1. Consequently, Mr. Fabbi would be deposed on November 27, 28 and December 1 and Mr. McCarthy would be deposed on November 29 and 30,_15J^9. This Jjshould prove^to be no additional burden on anyone. When I spoke to Mr. Clayson, tie stated that h ^ o u i d run this by everyone involved and would contact me if there were any objections. Since I have not heard from him in a couple of days, I am operating under the assumption that the above changes are Lceptable to all of the Defendants n ,on t< ove, there is yet one more aspect of 'the $epo orjs s< rCduled Vthat^ftust be addressed. This concerns Mr. ur Pi< I f o u W / o u t this morning from Mr. Gene Peggy A. Leen, . THORNDAL, BACKUS, MAUPIN & ARMSTRONG November 16, 1989 Page 2 j.^ Mituchi that Mr. Pierson is scheduled for a colon cancer operation next week. Consequently, we would request that you not depose Mr. Pierson pursuant to our schedule. In essence, there are two options available, you could either depose Mr. Pierson at a significantly later date, the specification of which will depend upon Mr. Pierson's recovery, or you could not depose Mr. Pierson at all. It is our position, that Mr. P4efson cannot and will not testify to anything that the other $('>. Consequently, we would prefer that you not depose Mr. Piejtsnn at all. ecn o^ An additional matter is the Stipulation with regards to the Protective Orders and confidentiality agreements on the materials in the possession of Mr. Katowsky. Yesterday, I spoke to Mr. Katowsky with regards to the Stipulation. While we are not opposed to stipulating to the discove^^ofjusuch documents, I would request that you speak to Mr. Ka-tnwaEy personally in order to clarify and specify the exact extent of discovery and the language of any stipulation that would be signed. Since Mr. Katowsky is the party to those agreements and protective orders, I cannot and will not independently enter into a Stipulation with you. Thank you for your attention to this matter. Sincerely yours, JONES, JONES, CLOSE & BROWN, CHARTERED NS/sar/0640U/VII Nik Skrinjaric, Esq.