Document evvqGXLmZ62prmYXE0YKBo11g

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 July 23, 1993 VIA HAND DELIVERY Honorable Lawrence R. Leavitt Magistrate Judge of the United States District 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-89-555-LDG (LRL) Dear Judge Leavitt: Enclosed please find a courtesy copy of "Plaintiff Nevada Power Company's Motion for Order for Counsel to Meet and Confer or, in the Alternative, Motion to Compel Interrogatory Responses and Motion for Protective Order." Exhibits to this Motion are still assembled and will be delivered to you shortly. Sincerely, BRADLEY & MERRELL PAUL E. MERRELL Coordinating Attorney PEMilsg Enclosure cc: Steven R. Kuney (via fax - w/enclosure) Arvin Maskin (via fax - w/enclosure) J. Bruce Alverson (via fax - w/enclosure) John L. Thorndal (via fax - w/enclosure) Bruce A. Featherstone (via fax - w/enclosure) P:\USERS\LSG\NVP0tfER\LEAVITT.L29 % dC 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 1 6 NEVADA POWER COMPANY, etc., ) ) 17 Plaintiff, ) 18 vs. ) ) ) 19 MONSANTO COMPANY, etc., et a l . , ) ) 20 Defendants. ) _________________________________________________ ) 21 CASE CV-S-89--555--LDG (LRL) PLAINTIFF NEVADA POWER COMPANY'S MOTION FOR ORDER FOR COUNSEL TO MEET AND CONFER OR, IN THE ALTERNATIVE, MOTION TO COMPEL INTERROGATORY RESPONSES AND MOTION FOR PROTECTIVE ORDER 22 Plaintiff Nevada Power Company moves for an order requiring 23 counsel for Monsanto Company further to meet and confer regarding two 2 4 Rule 30(b)(6) deposition notices to Nevada Power and two sets of 25 Monsanto interrogatory responses to Nevada Power, all discussed 2 6 further below. These four discovery pleadings are all interrelated 2 7 and are attached hereto as EXHIBITS 1-4. In the alternative, Nevada 28 % 1 Power moves; for a protective order regarding the deposition notices 2 and moves to compel adequate responses to the interrogatories. 3 MOTION FOR ORDER TO MEET AND CONFER 4 As will be explained at hearing today, Nevada Power has been 5 engaged in a good faith effort to negotiate a resolution to these 6 interrelated discovery issues and had been led to believe that the 7 depositions at issue would be postponed by stipulation so that the 8 negotiations would be completed. These discussions were being 9 fruitful, and Nevada Power reasonably relied upon Monsanto counsel's 10 statements that these deposition notices would, probably be reset to 11 be taken following the July 23, 1993 cut-off date to allow time for 12 further negotiation. Nevada Power was not advised that Monsanto 13 intended to go ahead with these depositions as scheduled until the 14 morning of Thursday, July 22. Upon being advised that Monsanto would 15 force the issue to hearing, Nevada Power advised Monsanto that, as it 16 had repeatedly stated, it would file this alternative motion to 17 compel and for a protective order. 18 Nevada Power negotiated in good faith and did not realize that 19 Monsanto had a secret agenda. While negotiations regarding these 20 discovery requests were going forward, Monsanto was persuading 21 counsel for Nevada Power to rush Nevada Power's previously scheduled 22 depositions of Monsanto officials, as a courtesy, so that senior 23 counsel for Monsanto could visit with his daughter on Friday, July 24 23. Nevada Power extended this courtesy, not realizing that 25 Monsanto's real agenda was to free up its senior counsel to conduct 26 the 30(b)(6) depositions at issue. It appears that senior counsel 27 for Monsanto misled Nevada Power and would not have been available to 28 conduct these depositions but for a subterfuge. 2 JZ . 2^ 1 ALTERNATIVE MOTION FOR PROTECTIVE ORDER 2 Monsanto should not be allowed to proceed with its Rule 30(b) (6) 3 notice regarding "reliance" issues because the issues are such that 4 they can only be answered by Nevada Power's attorneys if they were 5 treated as interrogatories. The Court has previously granted a 6 defense motion for a protective order requiring Nevada Power to seek 7 similar information through interrogatories o n l y . Monsanto1s Rule 8 30(b)(6) notices are a straightforward end run around the discovery 9 cut-off date for written discovery. 10 ALTERNATIVE MOTION TO COMPEL ADEQUATE INTERROGATORY RESPONSES 11 Monsanto is attempting to take further discovery on Nevada 12 Power's damages calculation despite the fact that Monsanto has never1 13 provided its contentions on what it believes to be wrong with 14 plaintiffs1 damages report, which defendants have had since January 15 and upon which they have taken extensive discovery. It would be 16 grossly unfair for Nevada Power to continue providing unfettered 1 7 discovery on the damages issue if their is to be no cruid pro q u o . 18 Therefore, Nevada Power seeks an order requiring Monsanto to provide 19 contentions regarding the flaws it sees in Nevada Power's damages 20 report. 21 Nevada Power also asks the Court to compel Monsanto to 22 adequately respond to its statute of limitations defense 2 3 interrogatories. The Court has previously prevented Nevada Power, 24 upon defendants' motion, from acquiring this information through Rule 2 5 30(b)(6) depositions and confined Nevada Power to interrogatories. 2 6 Monsanto1s claims are spurious that its answers to most of these 27 interrogatories are privileged or otherwise objectionable. Without; 28 3 1 this information, Nevada Power has no way of preparing for trial on 2 the sole issue left remaining by the Ninth Circuit. 3 DATED: July 23, 1993 4 5 6 BRADLEY & MERRELL RALPH A. BRADLEY PAUL E. MERRELL DEBORAH N. MAILANDER DAVID E. SCHALK ROBERTA J. STRAUB 7 8 9 10 11 12 13 14 Other Counsel for 15 Plaintiff Nevada Power Company: Coordinating Attorney BRADLEY & MERRELL C / O JONES, JONES, CLOSE & BROWN 300 South Fourth S t . , Suite 700 Las Vegas, Nevada 89101 (702) 385-4202 Attorneys for Plaintiff NEVADA POWER COMPANY, a Nevada corporation 16 DAVID S. McCREA, ESQ. McCREA & McCREA 17 119 South Walnut Street Post Office Box 1310 18 Bloomington, Indiana 47402 Telephone: (812) 336-4840 19 FREDERICK M. BARON, ESQ. 20 RUSSELL WILLS BUDD, ESQ. JANE N. SAGINAW, ESQ. 21 BRIAN D. WEINSTEIN, ESQ. PAUL F. DONSBACH, ESQ. 22 BARON & BUDD 3102 Oak Lawn Avenue, Suite 1100 23 Dallas, Texas 75219 Telephone: (214) 521-3605 24 MICHAEL T. GALLAGHER, ESQ. 2 5 CRAIG LEWIS, ESQ. JOHN H. KIM, ESQ. 2 6 FISHER, GALLAGHER & LEWIS, L.L.P. 1000 Louisiana, 70th Floor 27 Houston, Texas 77002 Telephone: (713) 654-4433 2 8 P :\USERS\LSG\PLD\MEETCCNF.HOT 4 I 1z CERTIFICATE OF SERVICE 2 I hereby certify that on the 23rd day of July, 1993, the foregoing PLAINTIFF NEVADA POWER COMPANY'S MOTION FOR ORDER FOR 3 COUNSEL TO MEET AND CONFER OR, IN THE ALTERNATIVE, MOTION TO COMPEL INTERROGATORY RESPONSES AND MOTION FOR PROTECTIVE ORDER was served on 4 the following parties: 5 KEY: F - Via fax 6 FE - Via Federal Express H - Via hand delivery 7 Steven R. Kuney, Esq. 8 Williams & Connolly 725 12th Street, N.W. 9 Washington, DC 20005 Fax No.: (202) 434-5029 10 Attorneys for Defendants MONSANTO COMPANY, GENERAL ELECTRIC COMPANY and WESTINGHOUSE ELECTRIC CORPORATION 11 12 Arvin Maskin, Esq. Konrad L. Cailteux, Esq. Weil, Gotshal & Manges 13 767 Fifth Avenue New York, NY 10153 14 Fax No.: (212) 310-8007 Attorneys for Defendant WESTINGHOUSE ELECTRIC CORPORATION f15 J. Bruce Alverson, Esq. 16 Alverson, Taylor, Mortensen & Nelson 3821 West Charleston Boulevard 17 Las Vegas, NV 89102 Fax No.: (702) 385-7000 18 Attorneys for Defendant GENERAL ELECTRIC COMPANY 19 John L. Thorndal, Esq. Thorndal, Backus, Maupin & Armstrong 20 1100 East Bridger Avenue Las Vegas, NV 89101 21 Fax No.: (702) 366-0327 Attorneys for Defendants MONSANTO COMPANY and 22 WESTINGHOUSE ELECTRIC CORPORATION 23 Bruce A. Featherstone, Esq. Kirkland & Ellis 24 1999 Broadway, Suite 4000 Denver, CO 80202 25 Fax No.: (303) 291-3300 Attorneys for Defendant MONSANTO COMPANY 26 27 28 An employee/of BRADLEY & MERRELL BRADLEY & MERRELL c/o JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 8 9 1 0 1 -6 0 2 6 (702) 385-4202 MESSAGE FROM XEROX 7 0 2 4 : (702) 3 8 5-1 655 DATE: July 23, 1993 TO: John L. Thorndal, Esq. FAX #: (702) 366-0327 PHONE #: (702) 3 6 6 -0 6 2 2 TO: J. Bruce Alverson, Esq. FAX #: (702) 385-7000 PHONE #: (702) 3 8 4 -7 0 0 0 TO: Bruce A. Featherstone, Esq. FAX #: (303) 291-3334 PHONE #: (303) 2 9 1 -3 0 0 0 TO: Steven R. Kuney, Esq. FAX #: (202) 434-5029 PHONE #: (202) 4 3 4 -5 8 4 3 TO: A rvin Maskin, Esq. FAX #: (212) 3 1 0 -8 0 0 7 OR (212) 735-4657 PHONE #: (212) 3 1 0 -8 0 0 0 FROM : Bradley & Merrell MATTER/MATTER NO.: Nevada Power v. Monsanto, et al., #11927.2 DOCUMENTISI DESCRIPTION: Copy of letter to Honorable Lawrence R. Leavitt and copy o f "P laintiff Nevada Power Com pany's M otion for Order for Counsel to Meet and Confer or, in the A lternative, M otion to Compel Interrogatory Responses and Motion for Protective Order" NUMBER OF PAGES (including cover page): Seven (7) STC7.E & FORWARD REPORT DATE/TIME LOCAL TERMINAL ID. LOCAL NAME COMPANY LOGO 7-23-93 10:08AM 7023851655 BRADLEY AND MERRELL No. REMOTE STATION START T 1ME DURATION #PAGES MODE 001 JOHN THORNDAL 7-23-93 9 :22AM 3 '13" 7/ 7 EC SF 002 BRUCE ALVERSON 9:26AM 2 '33" 7/ 7 EC SF 003 B FEATHERSTONE 9:29AM 3 '28" 7/ 7 EC SF 004 STEVEN KUNEY 9:35AM r^se" 7/ 7 EC SF 005 ARVIN MASKIN 10:05AM 3 06" 7/ 7 EC SF DIAL GROUP No. 006 001 002 003 004 005 . TOTAL 0:14,18" 35 DIRECTORY NUMBERS RESULTS COMPLETED 9600 COMPLETED 9600 COMPLETED 9600 COMPLETED 14400 COMPLETED 9600 NOTE: No. DIRECTORY NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD R1 RELAY INITIATE RS RELAY STATION MB SEND TO M A ILBOX PG POLLING A REMOTE MP MULTI -POLLING RM RECEIVE TO MEMORY