Document gDdk2bdXQ94OXywmkYYVeRBNQ

Telephone: (702) 385-4202 -k BRADLEY & MEKRELL c/o Jones, Jones, Close & Brown 300 South Fourth Street, Seventh Floor Las Vegas, Nevada 89101-6026 Fax: (702) 385-1655 July 12, 1993 VIA TELEFAX Peggy A. Leen Thorndal, Backus, Maupin & Armstrong 1100 East Bridger Avenue Las Vegas, Nevada 89101 Re: Nevada Power Company v. Monsanto Company, et al. XJSDC, District of Nevada Case CV-S-89-555-LDG (LRL) Dear Peggy: I am writing to share with you my thoughts regarding some issues which should be resolved prior to commencement of the Bair, Lawrence, and Pitts depositions. I am determined to achieve Nevada Power's goal of discovering, with certainty, once and for all, whether or not Westinghouse destroyed documents identified as being potentially useful to plaintiffs in possible litigation against it. However, I am very open to suggestions regarding the means by which this goal might be achieved. What follows is our position regarding matters which might require rulings from the Court. Iterns "3, " "4, " and "511 seem absolutely essential to me, but I am very interested in discussing any alternatives you might propose. Item "l" would not become moot even if Westinghouse conclusively proved that no documents were destroyed. Fraud is alleged in this case, and Westinghouse1s state of mind in devising the document destruction plan is an issue. Here is where we stand on some issues which are important to us: 1. Neither attorney-client privilege nor work product immunity protects information, including attorney thought processes and impressions, which could lead to admissible evidence that documents were destroyed to prevent them from falling into the hands of potential plaintiffs, and which could lead to evidence relevant to Westinghouse1s plans to destroy documents. COMMENT: I believe waiver and the fraud/crime exception leave the issue of document destruction on the table for full discovery. Regarding indices to documents, there is the additional element of P :\U S E R S \D E S \L E E N .L E T <K Peggy Leen July 12, 1993 Page 2 exceptional need. 2. Nevada state law applies to claims of attorney-client privilege in this case. 3. Indices of PCB documents collected during the corporate wide sweep, along with a current index of PCB documents, should be produced prior to the depositions. COMMENT: All indices were specified in our April 14, 1993, request for production. 4. All indices of industrial hygiene documents should be produced prior to the depositions. 5. I wish to inspect all the microfiche cards, files, and documents described in the 22-page Bair/Bickerstaff memo. COMMENT: I will be disgraced if I return from Pittsburgh without airtight proof that the Bair/Bickerstaff "smoking gun" documents still exist or are missing. To date, Westinghouse has produced no witness who claims to have recently seen the documents. But even if you were to produce such a witness in Pittsburgh, under the circumstances surrounding the "smoking gun" issue I would be negligent not to insist upon seeing the documents for myself. We also need to resolve Westinghouse1s objections to some of our requests for production. To whatever extent that your objections are valid, we will gladly modify our requests. Requests which stand out as being particularly relevant to the planned depositions include those made in Nevada Power's April 14, 1993, request for production and the subpoena duces tecum attached to our request for entry upon land, a copy of which I believe Paul Merrell sent you last Friday. P :\U S E R S \D E S \L E E N .LET Sincerely, DAVID E. SCHALK BRADLEY & MERRELL c/0 JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of America Plaza 300 South Fourth Street Las Vegas, Nevada 89101-6026 (702) 385-4202 MESSAGE FROM XEROX 7024: f702i 385-1655 DATE: s / 4 ' v TO: Peggy A. Leen, Esq. FAX#: (702) 366-0327 FROM: PHONE #: (702) 366-0622 / y i. CLIENT/MATTER: Nevada Power v. Monsanto, et al. CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (including cover page): MESSAGE: IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 M E33AQ E FRQM XEROX 7024: (702) aaSrlgS.S DATE: ^ TO: PQQay A. Leon, Esq. FAX <702) 383-0327 PHONE <702) 366-0622 r e o NI: CU ENT/M A TTEH: , Nsvada Power v. Monsanto, crt al. CLIENT/M ATTER NO.: 11327.2 DOCU MENT (8 ) DE8CHIPTION: NUMBER OF PAGES (Includine) covar paga): M6&6AGE: IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION. plBBse coll <702) 305-4202 and ask for: Robert O sterloh, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) sScijc C O U N T TOTAL PAGES SCANNED : 3 TOTAL PAGES CONFIRMED : 3 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 PEGGY LEEN 7-12-83 9:30AM 1 33" 3/ 3 EC COMPLETED 9600 TOTAL 0=0133" 3 NOTE: No. OPERATION 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 ik c.\ 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 MESSAGE FROM XEROX 7024: (702 385-1655 1 I IDATE: 1? 9 7 1^ TO: Paul E. Merrell, Esq. . FAX.#: (503) 528-7105 PHONE # : (503) 528-7151 FROM: O c w v J S c k a llC \ CLIENT/MATTER: Nevada Power v. Monsanto, et al. CUENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: NUMBER OF PAGES (Including cover page): MESSAGE: /V/e f- 4 4 -C '\- (a/ u. 5 5 t-id U i i - n k-v- c ' f o "V'Q.C l/l WVCCA. i Y Cn |f t (5 "T U v$ l/HQIrHlH#ii 1 5 "Hu, . ] v pey&j y TH IS TELECO PY IS INTENDED ONLY FO R TH E ADDRESSEE NAMED ABO V E IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL F Y O U HAVE RECEIVED TH E TELECOPY IN ERROR, PLEASE NOTIFY U S IMMEDIATELY BY TELEPH O N E, DESTROY ALL C O PIE S, AND DO NOT DISSEMINATE TH E INFORMATION T O ANYONE. THANK YOU FO R YOUR ASSISTAN CE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterloh, Ext. 615 i _____________________________ C x c /o BRADLEY & MERRELL _______ JONES, JONES, CLOSE & BROWN, CHARTERED Seventh Floor -- Bank of Am erica Plaza 300 South F o u rth Street Laa Vogae, Nevada 801OI-002C (702) 385-4202 M E89AQ E FROM XEROX 7034: gP2). 3B5-1655 DATE: " 7 ^ 1 ? . I C? _____ TO: Paul E. Morrell, Esq. RAX # : PHONE (503) 528-7105 (503) S28-71S1 FROM: CA.X/ L J c~ U_d ^\ C,._________ C U E N T /M A TT E R : Nevada Power v. Monsanto, e t al. C U E N T /M A TT E R MO.: 11927.2 DOCU M ENT(S) DESCRIPTION: NUMBER OP PAGES (Including cover pago): MESSAGE: f\J o ( - -f'l-C V - S S --V U. uv^c iA \ Y" cru ^ , " T Va L * l "5 IT t" c -e \ v/ec( ---la*s W n a r m , c`, _ / cl -h 4 - W jl Ie.T-4-C \r /R >* IP YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Robert Osterlobt, Ext. B is TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 3 TOTAL PAGES CONFIRMED : 3 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES 1 MODE RESULTS j1 PAUL MERRELL 7-12-83 9:40AM 2 *07" 3/ 3 COMPLETED 9600 TOTAL 0:02'07" 3 NOTE: No. OPERATION NUMBER 48 4-800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD RI RELAY INITI ATE RS RELAY STATION MB SEND TO MAILBOX PG POLLING A REMOTE MP MULTI -POLLING RM RECEIVE TO MEMORY