Document qkNwLB7dMgkyndz8B96gjDZOk

______ l -------------- ----- -------- i..5--- BRADLEY & MERRELL JO N E S , JO N E S , C LO S E . BROW N, CH ARTERED S^vonth Floor -- Bank o f A m srlcB Plaza 3 00 South Fourth Streat Lua Vagaei, Naviida 8 9 1 0 1 -0 0 2 0 (702} S B B -4 2 0 2 M E S S A G E FROM X E R O X 7 0 2 4 : 7PZ) 3B 5-16B 6 DATE: Ju ly 21, 1993 TO- Jo h n H. Kim F A X IP: RHONE#: (713) 6 B 4 -5 0 7 0 (713) 6 5 4 -4 4 3 3 FROM: Peul E. Morrell CLIENT/MATTER: Nevada Power v. M onsanto CUENT/WIATTER NO.: 11927-3 DOCUMENT(S) DESCRIPTION: settlement overture J u ly 20, 1993 memorandum ru: Ganaral Electric N UM BER OF R AG ES fIncluding cover page I: Four (-4-) MESSAGE: TH I* TILEQOpy I INte N O CONF1DCNTM ,. I DceTeOY a l l o a n u , O O ltY F O n T M IA P P R E a n NAMED M O V I. rr M v CONTAINMrolW uTiaN THAT M P M V U O e ) rou h a v n iKoavcD tn e re u co h Y IN riuion. riT A iiL NOT1TY u im m id ia t il v y t a lep m o n * . o m o t IMUEMUgATI THE MrenMATION TO ANYONE. THANK THU TOR YOUR AMISTANCS. IF Y O U EXPERIENCE PR O B LEM S WITH THIS T R A N S M IS S IO N , please call <702) 30B-4ZOZ and ask for: Operator, Ext. 615 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 KIM 7-21-83 9:05AM 1 `50" 4/ 4 COMPLETED 9600 TOTAL 0=01'50" 4 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 I3l J k BRADLEY & MERRELL 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 DATE: July 21, 1993. TO: Ralph A. Bradley c/o Cheshire Inn FAX #: (314) 647-0442 PHONE#: (314) 647-7300 FROM: Bradley & Merrell CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: Copy of July 20, 1993 memorandum to Richard Hinckley re: G.E. settlement NUMBER OF PAGES (including cover page): Four (4) MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED THE TELECOPY IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 TO: FROM: RE: DATE: MEMORANDUM Richard Hinckley cc: Mike Gallagher, Charles McCrea, David McCrea, John Kim Paul Merre Nevada Power v. Monsanto, et al July 20, 1993 Regarding the General Electric settlement overture, I have an update and some advice. The advice is to suggest that Nevada Power send a letter to Mr. Murphy of G.E., telling him that: [i] unless G.E. is willing to lay a proposal on the table before the meeting, there is no reason for the meeting; [ii] absent such a proposal, Nevada Power would have no prior opportunity to consult with its attorneys and therefore could not engage in meaningful discussion; [iii] if and when a meeting does occur, Nevada Power intends to have its attorneys present and G.E. is welcome to bring its attorneys as well. The reason for the advice, in a nutshell, is that G.E. 1s goal is now apparent, to pressure Nevada Power into making the first offer both through the personal relationship between Mr. Holcombe and Mr. Murphy and through pressure in Court. That way, the negotiation would be down from the number Nevada Power proposes rather than up from the number G.E. proposes. During the hearing this morning on the stay of proceedings to negotiate, Steve Kuney completely reversed G . E . 1s position regarding the stay given to me the day before by David Kiernan. I first advised the Court of the basic facts of the settlement initiative, then related that Mr. Kiernan had authorized me to Memorandum July 21, 1993 Page 2 A - fe. represent that 6. E . supported the motion. In response, Kuney stated that if Nevada Power had problems preparing its expert disclosures, G.E. was open to an extension, but it believed there should be a stay only if the first meeting resulted in meaningful discussions and otherwise G.E. believed the schedule should not be altered. (I have said nothing to any defendant or the Court about any such difficulties.) I immediately told the Court that I was withdrawing the motion because I obviously should have spoken with Mr. Kuney rather than Mr. Kiernan. I also informed the Court that it was Mr. Kiernan who had chosen the dates and much of the language involved in the stay. I had also told the Court that I was disturbed by the ploy of a client-to-client contact and asked the Court to inquire whether counsel for G.E. was aware of the initiative before it occurred and whether counsel intended the meeting condition that Nevada Power's attorneys not attend. Rather than address that issue, Kuney made a rather huffy speech about the rights of clients to contact each other. I believe this has the salubrious effect of alerting the Court to an apparent ethical irregularity and putting G.E. a little on the defensive. The statement by Kuney conditioning a stay on "a meaningful dialogue" was obviously a surmise by him that we were eager enough for a stay that Nevada Power's attorneys would urge Nevada Power to engage in a "dialogue" during the meeting, in other words that Nevada Power would dicker at the meeting. Memorandum July 21, 1993 Page 3 Gk A . k. Under these circumstances, I believe it imperative that G.E. receive an immediate message that there is no linkage among the requested stay, the discovery schedule, and the meeting, that Nevada Power will not bargain from a position of apparent weakness. M r . Murphy needs to be advised that his request to slow things down, his attorneys' agreement to implement that request, and Nevada P ower1s good faith effort to comply with his "go-slow" request resulted in an embarrassment to all concerned. I believe that the experience demonstrates the need to insist that the attorneys conduct the negotiations. The only possible motive for G.E. to approach Nevada Power directly is the hope that they can trade on the personal relationship with Mr. Holcombe to obtain a negotiation advantage. If you are determined to proceed with a private meeting, under no circumstances should Nevada Power suggest settlement terms or amounts even hypothetically. G.E. asked for the meeting and it should make the first proposal, prior to the meeting. If it is not willing to do that, then all that is involved in the meeting proposal is a fishing expedition to see if Nevada Power will offer the slightest clue about how much money or in-kind services it might accept. It is not in Nevada Power's best interest to allow negotiations to begin on such a footing. pm\nvpower\manol24.pan 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 DATE: July 21, 1993. TO: Richard L. Hinckley, Esq. FA X #: (702) 367-5629 PHONE #: (702) 367-5626 FROM: Paul E. Merrell, Esq. CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 20, 1993 memorandum re: General Electric settlement overture NUMBER OF PAGES (including cover page): Four (4) MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 ___________________ vu_______________________ BRADLEY & MERRELL C/O JO N E S . J O N E S . C L O S E 8> BROW N, CH A R TER ED Soventh Floor -- Bank o f Amarle Plaza 300 South Fourth Streot Lao V e gas, Nevada 6 9 1 0 1 -6 0 2 6 (702) 3 8 5 -4 2 0 2 M E S S A G E FROM XER O X 7 0 2 4 : t Z G Z ).3S5- 16 5 5 DATE: Ju ly 21, 1993 TO: Ftlcnard L. Hinckley, Esq. F A X #: (702) 3 0 7 -5 6 2 9 PHONE XT: (702) 3 6 7 -6 6 2 6 FROM : Paul E, Marrell, Esq. GLI ENT/MA TTE R : C l i e n t /m a t t e r n o .: Nevada Rower v. Monsanto 110 2 7 .2 DQCUMENT(S) DESCRIPTION: settlement overture J u ly 20, 1993 mamorondum re: General Electric NU M BER OF P A G E S (Including cover page): Four (4) MESSAGE: TH i* T K u e o r r m i n t in o e d o o l v r a n te a o d m c s s s s n a m e d w o v e , it meat c o n t a in in f o r m a t io n t h a t is m v n .c a c o [ AMO SU N FD EM TM I. M TOO N A V I m CO VEO T H I T IL C C O fr IN m a n . REAO C MOTIFY LIA IMMSE>IATD.Y V TIL1AHO NO. DCOTItOY AU. C O P IO . "! DO MOT P H N IIW A T C THE iM 0NMAY10M VO AHYOMB. TKABC YOU |D A VOUR A O U IT A N C t. IF YO U EXPERIENCE PR O BLEM S WITH THIS TRAN SM ISSIO N , please cal (702) 3 8 6-4 2 0 2 and ask for: Operator, Ext- S I S TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION HPAGES MODE RESULTS 1 HINCKLEY 7-21-83 9:15AM 1 39" 4/ 4 EC COMPLETED 9600 TOTAL 0:01'39" 4 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 BRADLEY & MERRELL 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: (7021 385-1655 DATE: July 21, 1993. TO: Michael T. Gallagher FA X #: (713) 654-5070 PHONE #: (713) 654-4433 FROM: Paul E. Merrell CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 20, 1993 memorandum re: General Electric settlement overture NUMBER OF PAGES (including cover page): Four (4) MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION please call (702) 385-4202 and ask for: Operator, Ext. 615 BRADLEY' &. MEHRELL JO N E S , JO N E S , C L O S E &. BRO W N, CH A R TER ED Savanth Floor -- Bank o f America Plaza 3 0 0 South Fourth Street Laa V e gas, Nevada 8 8 1 0 1 -0 0 2 8 (702) 3 8 & 4 2 0 2 M E S S A G E FROM X E R O X ^024= (702) 3 S 5 1 6 5 5 DATE: Ju ly 21. 1993 TO: Michael T. Gallagher F A X JET: PHONE #: <7131 054-BO7O 1713) 6 5 4 -4 4 3 3 FROM: Raul E. tVlerroll CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: aettlument overture J u ly 20, 1993 memorandum re: General Electric N U M BER OF RAG ES (Including cover page): Four <4) MESSAGE; r ~ r ZTHM TKLICOPT WMTINOCP ONUV FOfl TMt WPRT.aiEfc NAWRa ABOVE. IT M At ConTAJM INFORMATION THAT li PlVVlLSOBD B AMD YOU HAVE MCEIVV& THE T lLlO O FY IN ERROR, PLEAEK NQTTV LI* MMtOtATH-V HV tEUPH UH G , Lz MO OtJ MOT OUSEM lNAfE THC F O R M A T IO N TO ANYONE. THM IX YOU FOR YOUR ASSISTANCE. IF YO U EXPERIENCE PR O B LEM S \A/ITI-I THIS TR A N S M IS S IO N , pleases call (702) 3 S 5-4202 and ask for: Operator, Ext. SI SS TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS 1 GALLAGHER 7-21-83 8:59AM 1*49" 4/ 4 COMPLETED 9600 TOTAL 0:01149M 4 NOTE : No. OPERATION 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 MAILBOX PG POLLING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY BRADLEY & M ERRELL 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 DATE: July 21, 1993 TO: David McCrea FA X *: (812) 336-5307 PHONE #: (812) 336-4840 FROM: Paul E. Merrell CLIENT/MATTER: Nevada Power/Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 20, 1993 memorandum re: General Electric settlement overture NUMBER OF PAGES (including cover page): Four (4) MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL IF YOU HAVE RECEIVED THE TELECOPY IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Operator, Ext. 615 D A T E : J u ly 2 1 . 1993 TO: David McCrea F A X #: (812) 3 3 6 -6 3 0 7 PHONE #: (812) 3 3 6 -4 8 4 0 FROM: Paul E. Morrell CLIENT/MATTER: Nevada Power/Monsanto CLIENT/M ATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: settlement overture J u ly 20, 19 9 3 memorandum re: General Electric N U M BER OP P A G E S (Including cover page): MESSAGE: Pour (4) THIV T IIX C 9 TT WIMTENeKD O M T FN TMz ADORCatQI NAMED MOW S. IT MAY CONTAIN INFOHNATIONTHAt IV F N V IU a iO ANO O O N F n M T M L IF V O X H A V I M C W I D TH* TEl tC O p r IN EHROH, K U U NOTIFY U Wm^OMTCLY BY TEU FIIO N C l|,A, AND DO NOT D UM W IN ATI THE HirONMATIQN TO ANYONE. THANK. YOU VON YOU* AAAIUTANCE. IP YO U EXPERIENCE PR O B LE M S WITH THIS TR A N S M IS S IO N , please c o l l (702) 3 8 6 -4 2 0 2 and auk for: Operator, Ext. 61 5 TRANSMISSION REPORT THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW) ** COUNT ** TOTAL PAGES SCANNED : 4 TOTAL PAGES CONFIRMED : 4 *** SEND *** No. REMOTE STATION START TIME DURATION #PAGES MODE RESULTS I D. MCCREA 7-2I-83 9:02AM 2 `48" 4/ 4 COMPLETED 9600 TOTAL 0=02'48" 4 NOTE : No. OPERATION NUMBER 48 4800BPS SELECTED EC ERROR CORRECT G2 G2 COMMUNICATION PD POLLED BY REMOTE SF STORE & FORWARD Rl RELAY INITIATE RS RELAY STATION MB SEND TO MAILBOX PG POLL.ING A REMOTE MP MULTI-POLLING RM RECEIVE TO MEMORY . ESi A -k BRADLEY & MERRELL 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 DATE: July 21, 1993. TO: John H. Kim FAX #: (713) 654-5070 PHONE #: (713) 654-4433 FROM: Paul E. Merrell CLIENT/MATTER: Nevada Power v. Monsanto CLIENT/MATTER NO.: 11927.2 DOCUMENT(S) DESCRIPTION: July 20, 1993 memorandum re: General Electric settlement overture NUMBER OF PAGES (including cover page): Four (4) MESSAGE: THIS TELECOPY IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED AND CONFIDENTIAL. IF YOU HAVE RECEIVED THE TELECOPY IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, DESTROY ALL COPIES, AND DO NOT DISSEMINATE THE INFORMATION TO ANYONE. THANK YOU FOR YOUR ASSISTANCE. IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (702) 385-4202 and ask for: Operator, Ext. 615