EXHIBIT EXHIBIT 2 2

Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 1 of 7
Dr. Steven B. Levine 

1 UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

2 PENSACOLA DIVISION 

3 

4 Case No. 3:19-md-02885 

5 X 

IN RE 3M COMBAT ARMS EARPLUG : Judge 

6 PRODUCTS LIABILITY LITIGATION : M. Casey Rodgers 

7 

8 This Document Relates to: 

James Ingles 

9 Civil Case No. 7:20-cv-52539-MCR-GRJ, 

: Magistrate Judge 

: Gary R. Jones 

X 

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12 

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14 Deposition of DR. STEVEN B. LEVINE taken 

via videoconference before Clifford Edwards, 

15 Certified Shorthand Reporter and Notary Public, on 

May 31, 2022, at 10:18 a.m. 

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Golkow Litigation Services Page 1 

Dr. Steven B. Levine

Golkow Litigation Services Page 1

 1 UNITED STATES DISTRICT COURT

 NORTHERN DISTRICT OF FLORIDA

 2 PENSACOLA DIVISION

 3

 4 Case No. 3:19-md-02885

 5 - - - - - - - - - - - - - - - - - - - -X

IN RE 3M COMBAT ARMS EARPLUG : Judge

 6 PRODUCTS LIABILITY LITIGATION : M. Casey Rodgers

 :

 7 : Magistrate Judge

 : Gary R. Jones

 8 This Document Relates to: :

James Ingles :

 9 Civil Case No. 7:20-cv-52539-MCR-GRJ, :

- - - - - - - - - - - - - - - - - - - -X

10

11

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14 Deposition of DR. STEVEN B. LEVINE taken

via videoconference before Clifford Edwards,

15 Certified Shorthand Reporter and Notary Public, on

May 31, 2022, at 10:18 a.m.

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Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 2 of 7
Dr. Steven B. Levine 

1 APPEARANCE S: (all via videoconference) 

2 ON BEHALF OF THE PLAINTIFF: 

3 TUAN Q. NGUYEN, ESQ. 

McCUNE WRIGHT AREVALO, LLP 

4 18565 Jamboree Road, Suite 550 

Irvine, California 92612 

5 tgn@mccunewright.com 

6 

7 ON BEHALF OF THE DEFENDANTS 3M COMPANY, 3M 

OCCUPATIONAL SAFETY LLC, AEARO TECHNOLOGIES LLC, 

8 AEARO HOLDING LLC, AEARO INTERMEDIATE LLC, AND AEARO 

LLC: 

9 

MARA CUSKER GONZALEZ, ESQ. 

10 ALYSSA CLARK, ESQ. 

DECHERT LLP 

11 Three Bryant Park 

1095 Avenue of the Americas 

12 New York, New York 10036 

mara.cuskergonzalez@dechert.com 

13 alyssa.clark@dechert.com 

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Golkow Litigation Services Page 2 

Dr. Steven B. Levine

Golkow Litigation Services Page 2

 1 A P P E A R A N C E S: (all via videoconference)

 2 ON BEHALF OF THE PLAINTIFF:

 3 TUAN Q. NGUYEN, ESQ.

 McCUNE WRIGHT AREVALO, LLP

 4 18565 Jamboree Road, Suite 550

 Irvine, California 92612

 5 tgn@mccunewright.com

 6

 7 ON BEHALF OF THE DEFENDANTS 3M COMPANY, 3M

OCCUPATIONAL SAFETY LLC, AEARO TECHNOLOGIES LLC,

 8 AEARO HOLDING LLC, AEARO INTERMEDIATE LLC, AND AEARO

LLC:

 9

 MARA CUSKER GONZALEZ, ESQ.

10 ALYSSA CLARK, ESQ.

 DECHERT LLP

11 Three Bryant Park

 1095 Avenue of the Americas

12 New York, New York 10036

 mara.cuskergonzalez@dechert.com

13 alyssa.clark@dechert.com

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Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 3 of 7
Dr. Steven B. Levine 

1 Q Or show you anything during the 

2 interview? 

3 A No. 

4 Q Did you make any recommendations to 

5 Mr. Ingles for further medical treatment or 

6 assessment? 

7 A No. 

8 Q And you didn't speak with any of 

9 Mr. Ingles' family members in connection with 

10 providing your opinions in this case; correct? 

11 A Correct. 

12 Q You would agree that your interview with 

13 Mr. Ingles was not a medical consultation; correct? 

14 A Correct. 

15 Q And, Dr. Levine, you are not offering an 

16 opinion in this case that Mr. Ingles' use of the 3M 

17 Combat Arms earplug version two hearing protection 

18 device caused his hearing loss, are you? 

19 A Noise exposure caused his hearing loss. 

20 What I question here is what hearing protection 

21 device protected him and did not protect him. 

22 Q So just to be clear, you are not opining 

23 that his use of the 3M earplugs at issue in the case 

24 caused him hearing loss; correct? 

25 A Let me -- let me restate that, if I 

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Dr. Steven B. Levine

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 1 Q Or show you anything during the

 2 interview?

 3 A No.

 4 Q Did you make any recommendations to

 5 Mr. Ingles for further medical treatment or

 6 assessment?

 7 A No.

 8 Q And you didn't speak with any of

 9 Mr. Ingles' family members in connection with

10 providing your opinions in this case; correct?

11 A Correct.

12 Q You would agree that your interview with

13 Mr. Ingles was not a medical consultation; correct?

14 A Correct.

15 Q And, Dr. Levine, you are not offering an

16 opinion in this case that Mr. Ingles' use of the 3M

17 Combat Arms earplug version two hearing protection

18 device caused his hearing loss, are you?

19 A Noise exposure caused his hearing loss.

20 What I question here is what hearing protection

21 device protected him and did not protect him.

22 Q So just to be clear, you are not opining

23 that his use of the 3M earplugs at issue in the case

24 caused him hearing loss; correct?

25 A Let me -- let me restate that, if I

Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 4 of 7
Dr. Steven B. Levine 

1 might. 

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If Mr. Ingles was using a hearing 

protective device and had the assumption of 

information that that device was protective and 

would protect him from losing hearing, then I am --

my report is really about a soldier relying upon a 

device to protect him and the device ultimately not 

protecting the hearing loss. 

9 Q What -- we can pull up your report, but 

10 what portion of your report opines that a hearing 

11 protection device that Mr. Ingles used did not 

12 protect him? 

13 A I don't believe I stated that 

14 specifically. 

15 Q You are not offering the opinion that 

16 Mr. Ingles would have no hearing loss but for his 

17 use of the 3M Combat Arms earplugs version two; 

18 correct? 

19 A I cannot reach that conclusion. 

20 Q And Mr. Ingles had other potential causal 

21 factors for his hearing loss independent from his 

22 use of the Combat Arms earplugs version two; 

23 correct? 

24 MR. NGUYEN: Vague and ambiguous. 

25 Lacks foundation. 

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Dr. Steven B. Levine

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 1 might.

 2 If Mr. Ingles was using a hearing

 3 protective device and had the assumption of

 4 information that that device was protective and

 5 would protect him from losing hearing, then I am --

 6 my report is really about a soldier relying upon a

 7 device to protect him and the device ultimately not

 8 protecting the hearing loss.

 9 Q What -- we can pull up your report, but

10 what portion of your report opines that a hearing

11 protection device that Mr. Ingles used did not

12 protect him?

13 A I don't believe I stated that

14 specifically.

15 Q You are not offering the opinion that

16 Mr. Ingles would have no hearing loss but for his

17 use of the 3M Combat Arms earplugs version two;

18 correct?

19 A I cannot reach that conclusion.

20 Q And Mr. Ingles had other potential causal

21 factors for his hearing loss independent from his

22 use of the Combat Arms earplugs version two;

23 correct?

24 MR. NGUYEN: Vague and ambiguous.

25 Lacks foundation.

Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 5 of 7
Dr. Steven B. Levine 

1 we need to fix our documents and we'll --

2 we can come back with some deposition 

3 testimony to show you as well. 

4 So let's go off the record for about 

5 ten minutes or longer if anybody needs 

6 it. 

7 MR. NGUYEN: Okay. That sounds 

8 fine. 

9 MS. GONZALEZ: Thank you. 

10 (Whereupon, there was a recess taken 

11 from 12:14 p.m. to 12:26 p.m.) 

12 BY MS. GONZALEZ: 

13 Q Dr. Levine, this is the audiogram chart 

14 in your report; correct? 

15 A Yes. 

16 Q And I'm not sure if you can read it, I 

17 know it's small, but do you see the February 3rd, 

18 2007, data that you highlighted in your report? 

19 A Yes. 

20 Q And you highlighted that because that was 

21 the first significant threshold shift for Mr. Ingles 

22 in his audiogram history? 

23 A Yes. 

24 Q And that was in his left ear only; 

25 correct? 

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Dr. Steven B. Levine

Golkow Litigation Services Page 80

 1 we need to fix our documents and we'll --

 2 we can come back with some deposition

 3 testimony to show you as well.

 4 So let's go off the record for about

 5 ten minutes or longer if anybody needs

 6 it.

 7 MR. NGUYEN: Okay. That sounds

 8 fine.

 9 MS. GONZALEZ: Thank you.

10 (Whereupon, there was a recess taken

11 from 12:14 p.m. to 12:26 p.m.)

12 BY MS. GONZALEZ:

13 Q Dr. Levine, this is the audiogram chart

14 in your report; correct?

15 A Yes.

16 Q And I'm not sure if you can read it, I

17 know it's small, but do you see the February 3rd,

18 2007, data that you highlighted in your report?

19 A Yes.

20 Q And you highlighted that because that was

21 the first significant threshold shift for Mr. Ingles

22 in his audiogram history?

23 A Yes.

24 Q And that was in his left ear only;

25 correct?

Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 6 of 7
Dr. Steven B. Levine 

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CERTIFICATE 

I, Clifford Edwards, Certified Shorthand 

Reporter, do hereby certify that prior to the 

commencement of the examination, the witness was 

duly remotely sworn to testify to the truth, the 

whole truth and nothing but the truth. 

I DO FURTHER CERTIFY that the foregoing is a 

verbatim transcript of the testimony, that said 

deposition was taken by me stenographically at the 

time and date hereinbefore set forth, and the 

foregoing is a true and accurate transcript of the 

testimony. 

I FURTHER CERTIFY that I am neither of counsel 

nor attorney to any of the parties to said suit, nor 

am I an employee of any party to said suit, nor of 

any counsel in said suit, nor am I interested in the 

outcome of said cause. 

Witness my hand and seal as Notary Public this 

9th day of June, 2022. 

Clifford Edwards 

Notary Public 

My commission expires: 9/30/2026 

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Dr. Steven B. Levine

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 1 C E R T I F I C A T E

 2 I, Clifford Edwards, Certified Shorthand

 3 Reporter, do hereby certify that prior to the

 4 commencement of the examination, the witness was

 5 duly remotely sworn to testify to the truth, the

 6 whole truth and nothing but the truth.

 7 I DO FURTHER CERTIFY that the foregoing is a

 8 verbatim transcript of the testimony, that said

 9 deposition was taken by me stenographically at the

10 time and date hereinbefore set forth, and the

11 foregoing is a true and accurate transcript of the

12 testimony.

13 I FURTHER CERTIFY that I am neither of counsel

14 nor attorney to any of the parties to said suit, nor

15 am I an employee of any party to said suit, nor of

16 any counsel in said suit, nor am I interested in the

17 outcome of said cause.

18 Witness my hand and seal as Notary Public this

19 9th day of June, 2022.

20

21 _______________________________

22 Clifford Edwards

23 Notary Public

24 My commission expires: 9/30/2026

25

Case 7:20-cv-52539-MCR-GRJ Document 12-2 Filed 07/21/22 Page 7 of 7