Document vVeONBMDEoLp8kkpQBdbYkjx9
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: John Tatlock, Esq.
FA X #:
(303) 291-3334
PHONE #: (303) 291-3000
FROM:
Paul E. Merrell, Esq.
CLIENT/MATTER:
Nevada Power v. Monsanto, et al.
CLIENT/MATTER NO.: 11927.2
DOCUMENT(S) DESCRIPTION: Draft Exhibit "A"
NUMBER OF PAGES (including cover page): Five (5)
MESSAGE:
THIS TELECOPY IS INTENDED ONLY FORTHE 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
^ - - 1*
BRADLEY &. MERRELL c/o JONES. JONES. CLOSE & BROWN, CHARTERED
Sovanth Floor -- Bank o f A m carica Plaza 3 0 0 South Fourth Stracit
Loa Vaga, Navado 8 9 1 0 1 - 6 0 2 6 (7 0 2 ) 3 8 6 - 4 2 0 2
MFSSAOE FROM XEROX 7Q?4: (702) SSP-I.SSg DATE: July 2 1 , 1 9 9 3
TO: John Tatloctc, Esq.
FA X if:
(3 0 3 ) 2 9 1 - 3 3 3 4
PHONE:
(3 0 3 ) 2 9 1 - 3 0 0 0
FROM :
Paul E. Morrell, Esq.
CLIENT/MATTER:
Nevada Power v . Monsanto, ot al.
CUENT/M AtTER NO.:
1 1 3 2 7 .2
DOCUMENT(S) DESCRIPTION: Draft ExflitIt "A "
NUMBER OF PAGES (includlno cover page): Five (5 )
MESSAGE:
T H I a T U lC W M M T IN D ID OMLV FOR TM I
M A IU D M O V I . IT M AY CONTAIN INrOAMAYION THAY IS PIUWILCOUl
ANO CONFIDENTIAL. IP TO V H AVE HECSIVED THE TELFCOPV in EltNOR. FLEASC N O tlFV US M UEOIATCLV SV 1ELEFMONI.
DEATNd Y AAA. OOHEa. ANO DO NOT P ISSCNHNATN TMQ IHFONMATICH TO ANTONI. THANK TO V POM TOON ASAWTANOS.
IF YOU EXPERIENCE PROBLEMS WITH THIS TRANSMISSION, please call (7 0 2 ) 3 8 6 - 4 2 0 2 and astc for: Operator, Ext. SI 5
TRANSMISSION REPORT
THIS DOCUMENT WAS CONFIRMED (REDUCED SAMPLE ABOVE - SEE DETAILS BELOW)
** COUNT ** TOTAL PAGES SCANNED : 5 TOTAL PAGES CONFIRMED : 5
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TATLOCK 7-21-83 9:4:6AM
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TOTAL 0:07'20" 5 NOTE:
No. OPERATION NUMBER A8 4-800BPS 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
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EXHIBIT A
The person or persons most knowledgeable to testify concerning:
1. Any oral or written representation or statement by
or on behalf of Monsanto of which Nevada Power had knowledge at or
before it purchased or acquired any of the electrical equipment for
which it seeks damages in this case, or any of the PCB fluids in or
for any of its electrical equipment.
Nevada Power Company stipulates that it has no present
knowledge of any such representations or statements made directly
to Nevada Power or its officials, except certain photographs
depicting drums of Monsanto PCB products. By so stipulating,
Nevada Power does not concede that its purchases of products
containing PCBs were not influenced by other parties or non-parties
to whom Monsanto made representations or statements or that
Monsanto was not under a duty to warn Nevada Power or the hazards
of PCBs. Monsanto reserves the right to reject this stipulation.
2. Any oral or written representation or statement by
or on behalf of Monsanto that Nevada Power relied upon in
purchasing or acquiring any of the electrical equipment for which
it seeks damages in this case, or any of the PCB fluids in or for
any of its electrical equipment.
Nevada Power Company stipulates that it has no present
knowledge of any such representations or statements made directly
to Nevada Power or its officials, except certain photographs
depicting drums of Monsanto PCB products. By so stipulating,
Nevada Power does not concede that its purchases of products
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containing PCBs were not influenced by other parties or non-parties to whom Monsanto made representations or statements or that Monsanto was not under a duty to warn Nevada Power or the hazards of PCBs. Monsanto reserves the right to reject this stipulation.
3. Other than those oral or written representations or statements already called for by Paragraphs 1 and 2 herein, any oral or written representation or statement by or on behalf of Monsanto that Nevada Power alleges caused any of its other damages in this case.
Nevada Power Company stipulates that it has no present knowledge of any such representations or statements other than those Monsanto documents which Nevada Power contends were the triggering event for accrual of its causes of action. By so stipulating, Nevada Power does not concede that its damages were not caused by Monsanto oral or written representations to other parties upon whom Nevada Power relied.
4. With regard to each such oral representation or statement described in Paragraphs 1-3 herein:
the date(s), location(s) and other circumstances of such statement;
the identify(ies) of the person(s) who received, heard, and/or relied upon the statement;
the identity (ies) of the person (s) who made the statement;
the full context of such statement; any followup by Nevada Power to such statement;
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Nevada Power's knowledge or information concerning any other statement by Monsanto relating to the topic or subject matter of such statement;
each item of equipment allegedly purchased or acquired by Nevada Power in reliance on the statement, and for each such item, a complete explanation of how Nevada Power relied on the statement in purchasing or acquiring it;
each other item of damage Nevada Power contends it suffered in reliance on the alleged statement, and for each such other item of damage, a complete explanation of how Nevada Power relied on the statement in allegedly suffering the damage;
all documents relating to the alleged statement; all documents relating to or showing Nevada P o w e r 1s reliance on the alleged statement; and all persons who have any knowledge concerning the alleged statement and any reliance thereon by Nevada Power. 4. With regard to each written representation or statement described in response to Paragraphs 1-3 hereto: the publication or other written communication or document containing the statement; the date(s), location(s), means, method and other circumstances concerning Nevada P o w e r 1s receipt or knowledge of such statement; the identity (ies) of the person (s) who made the statement; the full context of such statement;
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&
any followup by Nevada Power to such statement; Nevada Power's knowledge or information concerning any other statement by Monsanto relating to the topic or subject matter of such statement; each item of equipment allegedly purchased or acquired by Nevada Power in reliance on the statement and for each such item, a complete explanation of how Nevada Power relied on the statement in purchasing or acquiring it; each other item of damage Nevada Power contends it suffered in reliance on the alleged statement, and for each such other item, a complete explanation of how Nevada Power relied on the statement in allegedly suffering the damage; all documents relating to the alleged statement; all documents relating to or showing Nevada Power's reliance on the alleged statement; and all persons who have any knowledge concerning the alleged statement and any reliance thereon by Nevada Power.
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