Day 066 - 14 Dec 94 - Page 76


     
     1        A.  I am going to look.  I think I do.  If we are going to
     2        take a break they are in my briefcase.
     3
     4   Q.   We are going to take a break shortly.  I think not just,
     5        Mr. Rampton, before Mr. Gomez Gonzales goes back, if he can
     6        find them as soon as possible and produce them for copying.
     7
     8   MR. RAMPTON:  My Lord, by all means.  What I would like to be
     9        able to do is deal with it overnight and come back to it
    10        first thing tomorrow and finish there, if I may.
    11
    12   MR. JUSTICE BELL:  Have you anything else?
    13
    14   MR. RAMPTON:  No.
    15
    16   MR. JUSTICE BELL:  We will break off now until 10.30.
    17
    18   MR. MORRIS:  There is one thing that we are little bit concerned
    19        about.  We have not had an indication from the Plaintiffs
    20        when the affidavits of Sid Nicholson and Ray Cesca --
    21        I believe the day you asked them to be available was the
    22        end of this week.
    23
    24   MR. JUSTICE BELL:  I cannot remember but that is your
    25        recollection?
    26
    27   MR. MORRIS:  I think so.  I am a little bit concerned in the
    28        light of the evidence that McDonald's may be moving away
    29        from using Coope Montecillos as a supplier, whether that
    30        has any implications for their power and control over the
    31        documents that exist there that we have requested.  In the
    32        light of that, I think that we need an indication from the
    33        Plaintiffs whether we are going to get these affidavits by
    34        the end of the week and, if not, they should be ordered to
    35        do so in the maximum time because we did apply for these
    36        documents basically about a year ago, well, a minimum time,
    37        preferably before Christmas.  We must have the information
    38        before we lose the opportunity.
    39
    40   MR. RAMPTON:  The position is this.  Mr. Nicholson's affidavits
    41        are ready.  One has been sworn and one will be sworn and
    42        the Defendants will have those by the end of the week.
    43        I think Mr. Stein and Mr. Cesca are both presently away.
    44        Your Lordship did say that if there was any difficulty
    45        about having them ready by 16th, which is the date your
    46        Lordship mention, I should say so.  They will, however, be
    47        ready by Wednesday 21st.  We will be able to speak to them
    48        I think on Monday.
    49
    50   MR. JUSTICE BELL:  Can they not be ready before that?  I have to 
    51        say when I offered the invitation to say something, I did 
    52        not expect it would only be a few days before the 
    53        deadline.  Perhaps I should have been clearer.  Is there
    54        any reason why they cannot actually be produced by Friday?
    55
    56   MR. RAMPTON:  The position is that we tried to get them
    57        finalised yesterday.  Neither Mr. Stein nor Mr. Cesca was
    58        in the office.  Mr. Stein will not be back until Friday and
    59        Mr. Cesca not until Monday.  I do not want to serve a draft
    60        until they have had a chance to read them.  They have been

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