2009 Emails on Settlement

Pickle, Ken
From: Payne, John [[e-mail]]
Sent VVedneaUoy, September 02, 2009 4:08 pxx
To/ Pickle, Ken; Georgou|imo,Bethany �
Cc: Larsen, Cory; Bennett, Bradley Leach, Janet; Moses, Sharlene
Subject: The Hearing has been Continued/Interrogatory Answers
'-he hearing set for September 1h , has now been continued until the week of October 5, 2009,
1 have also sent over the proposal that Ken and Cory drafted and followed LIP with a phone call to opposing counsel,
Benne Hudson, Benne told me that he has sent the proposal to his client and will contact me ASAP.
In mddiLioii, I have requested that we stay the Answers to the Interrogatories, Thus, please donot waste any ofyour
time working onthem until you hear further word from me.
Thanks all and contact me if needed,
John
1

PickleKen
From: Payne, John [[e-mail]
Sent: Tuesday, August 11,2OUS4:6/PIVI
To: Pick|e, Kon; Bannett, Bradley; Larsen, Cory; Genrgou|ian. Bethany
Subject FW: Idea
Please seethe proposal from Benne. He has also proposed some dates toview the site. } will send this over in the next
e-mail. Let me know what you all think.
John
From: Hutson, Benne C. [maiUD:[e-mail]]
Sent: Thursday, August O6,20091O:10AM
To: Payne, John
Cc: Joseph AFrench; Linda Denison
Subject: RE: Idea
Thank you for this proposal. We have reviewed It with our client and have the following response:
The site visit is acceptable subject to the following two conditions:
a. The site visit and anything discussed during the site visit ispart ofsettlement neQotiatinnssubjcctto
Rule 4O8ofthe North Carolina Rules mfEvidence.
b. DENR will have someone attending the Site visit who either has settlement authority,will bedirectly
reporting to the person with settlement authority or will be directly involved in further settlement negotiations. We do
not want to go through the time and expense of this effort and only to have DENR's representative go back to Raleigh,
report his findings and then no longer be involved in the efforts to resolve this matter. Put another way, mawant to
avoid the old grade school game where you tell the person next to you something who then passes it down to the next
person and by the time it reaches the end of the line, the message is completely different. Such aresult here would
significantly reduce the value ofthe site visit.
1 |nlight ofthe site visit, weare going tomodify our interrogatories and request for production ofdocuments. |
vvU|sendyou the revised version today both byregular and E-maiL
4. VVewill agree tojoin inamotion hncontinue the hearing date, { will await toreceive adraft from you for
review and approval.
l' hanks for Your continued efforts to move settlement discussions forward. VVehope the site visit proves Lobe
efficacious.
Benne
Benne C,Hutson
k8nBui/e\0oodaLLP
201 N. Tryon Street

Pickle, Ken
From: Payne, John [[e-mail]]
Sent: Tuesday, August 11, 2009 4:58 PM
To: Pickle, Ken; Bennett, Bradley; Larsen, Cory; Georgoulias, Bethany
Subject: FW: Ashland v. DWQ -- Proposed Dates for Site visit
From: Hutson, Benne C.[mai Ito: [e-mail]]
Sent: Tuesday, August 11, 2009 2:25 PM
To: Payne, John
Cc: Joseph A French; Linda J Denison
Subject: Ashland v. DWQ rroposed Dates for Site visit
John
Our client is available for agency representatives to visit the site on August 24, 25, 26 or 27. Please let me know of an
acceptable date and time and I will confirm the visit (provided you do not disagree with the proposed conditions for this
visit that I sent you last week.)
I look forward to hearing from you.
I
Benne C. Hutson
McGuireWoods LLP
201 N. Tryon Street
Suite 3000
Charlotte, NC 28202
704.343.2060 (Direct Line)
704.343.2000 (Direct FAX)
bhutson -mcauirewoods.com
http://www.mcguirewoods.com
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise by return
e-mail and delete immediately without reading or forwarding to others.

Suite 3000
Charlotte, NC 28202
704.343.2060 (Direct Line)
704.3412000 (Direct PAX)
b[-iutsor7(s'D,n)cguirewoods.coni
http://www.mcguirewoods.com
This e-mail may contain confidential or privileged information. If you are not the intended recipient, please advise byreturn
e-mail and delete immediately without reading or forwarding to others.
From: Payne, John [mailto:[e-mail]]
Sent: Wednesday, August 05, 2009 3:51 PM
To: Hutson, Benne C.
Subject: Iedea
Benne,
Although under a tight deadline, I wanted to ask you this before I leave the office for a few days. My clients called me
last night are willing to review the permit and try to work out a compromise. They would actually like to see the site
personally which will also help them answer your interrogatories. My guess is that this may work well for both sides,
especially since a site visit appeared to have clarified your position. Thus, can we have an extension on the answers to
interrogatories until after the visit (my client has said they think the answers will be far more complete if so)? And do
you think we should send in a joint motion for continuance (I have plenty of them) to allow for the time to set up our
field trip?
I will be out of the office for a few days, but able to check my e-mail. I will try to respond to any questions you may have
as quickly as possible. However, I will definitely be in the office by next Tuesday.
Thanks,
N