Document jymJ5dG2Jar3Eb2OwO2yvxq9Z

1 J. BRUCE ALVERSON, ESQ. DAVID R. CLAYSON, ESQ. 2 ALVERSON, TAYLOR & MORTENSEN 600 South Eighth Street 3 Las Vegas, NV 89101 Telephone: (702) 384-7000 L BRUCE A. FEATH2RST0NE, ESQ. (5 KIRKLAND & ELLIS 1999 Broadway, Suite 4000 6 Denver, CO 80202 Telephone: (303) 291-3000 ,7 Attorneys for Defendants, ;8 GENERAL ELECTRIC and MONSANTO COMPANY J9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 13 NEVADA POWER COMPANY, a Nevada ) Corporation, ) 14 Plaintiff,) v. ) 15 ) MONSANTO COMPANY, a foreign corpor-) CV-S-89-555-LDG-LRL. 16 ation; GENERAL ELECTRIC COMPANY, a ) foreign corporation; WESTINGHOUSE ) 17 ELECTRIC CORPORATION, a foreign ) ORDER corporation; and DOES I through ) 18 XXV, inclusive, ) D e f e n d a n t s .) 19 ______________________________________________ ) 20 The parties, through their respective counsel, J. RANDALL 21 JONES, ESQ., CHARLES H. McCREA, SR., ESQ., and NIK SKRINJARIC, 22 ESQ., counsel for plaintiff NEVADA POWER COMPANY; J. BRUCE 23 ALVERSON, ESQ., and DAVID R. CLAYSON, ESQ., attorneys for > 24 defendants MONSANTO COMPANY and GENERAL ELECTRIC COMPANY; BRUCE 25 A. FEATHERSTONE, ESQ., attorney for MONSANTO COMPANY; and JOHN 26 L. THORNDAL, ESQ., PEGGY A. LEEN, ESQ., and JEFFREY S. KLEIN, 27 ESQ., attorneys for defendant WESTINGHOUSE ELECTRIC 28 CORPORATION, met and discussed with this Court on September 27, -1 tL 1 1989, defendants' proposal to limit discovery in this case to 2 the issues of statutes of limitations and statutes of repose, 3 along with plaintiff's request for an additional extension of 4 time to respond to outstanding discovery requests of all three 5 defendants, and plaintiff's representation to the Court that 6 they had no objections to the scope of the discovery and would 7 fully and completely respond to these outstanding discovery 8 requests by October 6, 1989, with the exception of discovery 9 which may be privileged, and as to any such discovery plaintiff 10 reserves the right to object. The Court, after consideration 11 of the same and for good cause showing in the interest of 12 judicial economy, 13 IT IS HEREBY ORDERED that all discovery in this matter, 14 until further order of this Court, shall be limited to the 15 issue whether the plaintiff's claims in its Complaint are 16 barred by the applicable statutes of limitations and statutes 17 of repose. 18 IT IS FURTHER ORDERED that all parties to this action 19 shall conduct discovery in this action, pursuant to the follow 20 ing discovery schedule. 21 10/6/89 22 23 10/6/89 24 completely respond to outstanding discovery requests. Plaintiff to propound all written discovery to defendants limited in scope to statutes .of limitations/statutes of repose issues. 25 10/10/89 26 10/13/89 27 Defendants to notice depositions for week of 10/16 to 10/20. Status check before Magistrate Leavitt 28 2 J- 1 10/16/to 10/20/89 / 2 Defendants to take depositions limited in scope to statute of limitations/repose related issues. 3 11/13/89 to n 12/15/89 t/ Defendants to complete depositions and plaintiff 4 to take depositions limited in scope to statute *of limitations/repose related issues. All depo 5 sitions during this time period will proceed on 5 days written notice. 6 11/17/89' Defendants to completely respond to plaintiff's 7 discovery requests limited in scope to statutes of limitations/statutes of repose issues. 8 12/18/89 Defendants to file summary judgment motions. 9 1/15/90 Plaintiff to file response to motions. 10 1/30/90 - Defendants to file reply briefs. 11 2/5/90 to 12 2/9/90 j Court will attempt to schedule'hearing on defendants' motions. 13 14 IT IS FURTHER ORDERED that any papers to be provided to 15 opposing counsel shall be personally served on the date pro 16 vided and require a receipt of copy on all local counsel; 17 service by certificate of mailing to local is not acceptable. 18 I l l 19 I I I 20 I I I 21 I I I 22 I I I 23 I I I 24 I I I 25 I I I 26 l / / 27 / / / 28 I I I 3 tk 1 This matter shall be brought before this Court again for a 2 status check on December 8, 1989, at the hour of 10:30 a.m. 3 DATED this \A day of October, 1989. 4 5 UNITED STATES DISTRICT JUDGE 6 SUBMITTED BY: 7 ALVERSON, TAYLOR & MORTENSEN 8 BY J. AMISS AlVjRSO M 9 J. Bruce Alverson, Esq. David R. Clayson, Esq. 10 600 South Eighth Street Las Vegas, NV 89101 11 Attorneys for Defendants GENERAL ELECTRIC & MONSANTO 12 13 JONES, JONES, CLOSE & BROWN, C H T D . ftanaall Jen@ ^14 BY rJ. Randall Jones, Esq. 15 700 Valley Bank Plaza 300 South Fourth Street 16 Las Vegas, NV 89101 Attorneys for Plaintiff 17 18 THORNDAL, BACKUS, MAUPIN & ARMSTRONG 19 B Y C ^ Z - e ^ w i L ' John/M^Thorndal, Esq. 20 Peggy Leen, Esq. 1100 East Bridger Avenue 21 Las Vegas, NV 89101 Attorneys for Defendant 22 WESTINGHOUSE 23 24 25 26 27 28 4