Document yrKbV71OYwVoxwkRyj86LawZ6

nited states district couk DISTRICT OF NEVADA NEVADA POWER COMPANY, Plaintiff, vs. MONSANTO COMPANY, et al., Defendant. ) ) ) ) ) ) ) ) ) ) JUL 2 4 3 i >i ' S3 CV-S-89-555-LDG(LRL) MINUTES OF COURT DV BY / * m LD DATED: Julv 20. 1993 PRESENT: THE HONORABLE LAWRENCE R. LEAVITT. United States Magistrate Judcre DEPUTY CLERK: VERONICA HAYES RECORDER/TAPE # 93-1-91_________ COUNSEL FOR PLAINTIFF: PAUL MERRELL and DAVID SCHALKE_____________________ COUNSEL FOR DEFENDANT: KONRAD CALITEUX and ARVIN MASKIN for Westinohouse PROCEEDINGS: Conference Call re Item #4 of the Court's order dated July 16, 1993 Call convened at 11:05 A.M. The Court having heard the representations of counsel and good cause appearing, IT IS ORDERED that the documents being sought and which are subject to section 4 of this Court's order dated July 16, 1993, namely reports generated by the law department regarding the disposition of the documents referenced in Exhibit 1212 in so far as they relate to PCBs, dioxins, or furans, if they were subject to attorney/client privilege it has been waived in light of the developments of this case. Westinghouse shall produce those documents and reports to Nevada Power in advance of the relevant depositions. Further representations of counsel where heard. IT IS ORDERED that the reports generated by the law department shall be provided to Nevada Power unredacted, in their entirety, but al the same time, Nevada Power will be under a protective order not to use those documents or make any disclosures beyond the immediate purposed of this lawsuit. After further representations of counsel, the Court entered the following MODIFIED ORDER that the documents or reports that will be produced forthwith be those that relate to PCBs, dioxins, and furans. IT IS FURTHER ORDERED that the balance of the documents that are not produced are to be submitted to the Court immediately for "in camera" inspection and determination regarding relevance and privilege. All the documents and reports shall be subject to a protective order. The documents that were described by Mr. Merrell shall be submitted to the Court for inspection. i Nevada Power v. Monsanto, et. al. CV-S-89-555-LDG(LRL) July 20, 1993 Those ordered disclosed shall be produced to Nevada Power by the close of business Friday, July 23, 1993 and the balance of the documents submitted to the Court for "in camera" review by Friday, July 30, 1993. The call adjourned at 11:50 A.M. CAROL C. FITZGERALD, Clerk United States District Court Deputy Clerk