Document mpxD3Y1ooYnOk1vmVbNNr6ZJJ

LOS ANGELES NEW YORK WASHINGTON. D C, Writer's Direct Number SIDLEY & AUSTIN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS One First National Plaza Chicago, Illinois 60603 Telephone 312: 853-7000 Telex 25-4364 Facsimile 312: 853-7036 125th Anniversary 1866-1991 FACSIMILE TRANSMITTAL TOTAL PAGES [INCLUDING COVER SHEET): DATE: January 18, 1995 3 TO: FAX #: FROM- Gregory Unlori"'Carbide Corporation 912037946269 Scott C. Solberg SIDLEY & AUSTIN. 312-853-4714 SUBJECT: COMMENTS: LONDON SINGAPORE TOKYO PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" MU ; JAN I 81995 ________ ,,_____ n' THIS MESSAGE 1$ INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED *ND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE <wrvwri*rt MnMCMT no tvic fUMnvtt n* aafmt Picnwoiun mo<oaf m twk lurcunsn bbtimpmt vrai 4*9 HEREBY NOTIFIED THAT ANY DISSEMINATION. DISTRIBUTION OR COPMNG OF THE COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN StROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ASOVS ADORE** VIA THE U S- POSTAL SERVICE. THANK YOU. UCC 073247 CHCAQO WASHMOTON, OX. L06 ANGELES MimlMtCT MumCR C12; :*j6-25UU SIDLEY & AUSTIN A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS 87S Third Avan us Nsw York, New York 10022 Tolophon212: 906*2000 Tstax 97-169$ Facslmflo 212: MI-2021 125th Arnivarsay 1IN.1N1 January 12,- 195 5 L VV Cd LONDON SINQAPORE TOKYO VIA FACSTMTLS Catherine Baen, Esq. Williams, Ballsy & Wssnsr, L.L.P. 441 Gulf Freeway, Suite 600 Houston, Texas 77017 Bixvsn y. UCC&P,. Civil Action No, H-34-1103 Dear Me. Baen: The purpose of this letter is to both address certain unresolved discovery issues and attempt to coordinate future discovery between your clients and Union Carbide. During our telephone conversations of November and December regarding outstanding discovery requests, you agreed to supplement your previously submitted responses to Union Carbide's First Set of Interrogatories. Unfortunately, even at this late date, we have not yet received the agreed to supplemental answers. However, in an effort to avoid the necessity of filing a motion to compel, I have detailed below which interrogatories still remain to be supplemented, and request that you promptly provide the agreed upon information as promised: Interrogatory No. 1: Please provide the requested information concerning the decedent's alleged exposure to Vinyl Chloride/ Interrogatory No. 3t Please provide the requested information concerning the decedent's consumption of alcohol since he reached the age of majority (16 years of age); and interrogatory No. 6: Please provide the requested information concerning each doctor or health care provider seen by decedent since the age of majority (18 years of age) . UCC 013248 Catherine Baen, Esq. January 12, 1995 Page 2 in addition to the above information, we need the following information to coordinate Union Carbide's future discovery in this action: 1. ' The names and addresses of Bob Schrull ("Schrull"), Joe Morullo ("Morullo"), and Phil Muzar ("Muzar"), identified in your answers to Interrogatory No. 1(c); 2. Your Rule 26 disclosure letter dated June 6, 1994 identifies 40 individuals who, you claim, have knowledge concerning the disputed facts in the action. Please provide the last known addresses for each of these individuals to permit the scheduling of their depositions. In lieu of providing information on each of the listed individuals, you may instead designate those persons whom you plan to actually call as witnesses and we will limit our initial depositions to these individuals; and 3. Potential dates for the deposition of your experts, ae well ae for Messrs. Schrull, Morullo and Muzar. Similarly, 1 need to arrange dates for the depositions of the Plaintiffe, Doris, Robert Jr. and Sheila Eirven. 4. The expert reports, previously produced by your clients, reference certain undisclosed statements made by Schrull, Morullo and. Muzar. Since the experts apparently relied upon these statements in forming their opinions, please provide the exact content of theee statements. Similarly, please provide all documents, not previously produced, which were given to your experts which formed the basis of the opinions found in their reports. With regard to your request to reschedule the deposition dates for your experts and Schrull, Morullo and Muzar, we are willing to accommodate you. However, as I discussed with you over the telephone last week, we need to depose these individuals in advance of February 20th (the date that we must disclose our expert witnesses). In that regard, please pick any days for these depositions that are convenient bo you. We must request however that these deposition be completed in advance of February 13th. I expect that the experts will require a day each but that we should be able take the six other witnesses more quickly. If you can get back to me or Mr. Wood ae eoon ae possible with available dates, we will proceed with adjourning UCC 073249 Catherine Baen, Eaq. January 12, 1995 Page 3 the scheduled deposition dates in a written stipulation which is satisfactory to you. Thank you for your prompt attention to these matters. Sincerely, Theodore J. Theophiloe cc: Reginald Wood, Esq. (via facsimile) (1/12/1*3 li:57*nl UCC 073250