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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

DECLARATION OF THOMAS J. HALL IN

SUPPORT OF JCI'S MOTIONS TO STRIKE

THE OPINIONS OF DR. VASILIKI KERAMIDA AND DR. PETER ORRIS

THOMAS J. HALL, an attorney duly admitted pro hac vice to practice before the United

States District Court for the Northern District of Indiana in this action, hereby declares under the

penalty of perjury that the following statements are true and correct pursuant to 28 U.S.C. §

1746:

1. I am a member of the law firm of Norton Rose Fulbright US LLP, which is cocounsel of record for Defendant Johnson Controls, Inc. ("JCI"). I submit this declaration in

support of JCI's Motions to Exclude the expert opinions of Dr. Vasiliki Keramida and Dr. Peter

Orris.

2. Pursuant to N.D. Indiana Local Rule 5-4(a)(7), attached hereto is an Index to the

exhibits described in this Declaration.

3. Attached hereto as Exhibit A is a true and correct copy of the transcripts from the

November 2 and November 3, 2017 deposition of Dr. Vasiliki Keramida in this action.

RONALD and SONYA SCHMUCKER,

STEPHEN and LORI VANDIEPENBOS, and

RICHARD L. STEWART,

Plaintiffs,

v.

JOHNSON CONTROLS, INC. and

TOCON HOLDINGS, LLC,

Defendants.

Cause No. 3:14-cv-1593-JD

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4. Attached hereto as Exhibit B is a true and correct copy of the Expert Opinion of

Vasiliki Keramida, Ph.D., dated March 17, 2017 (JCI Dep. Exhibit 408), which Plaintiffs served

on JCI in this action.

5. Attached hereto as Exhibit C is a true and correct copy of the Supplement to Expert

Opinion of Dr. Vasiliki Keramida, dated April 26, 2017, which Plaintiffs served on JCI in this

action.

6. Attached hereto as Exhibit D is a true and correct copy of a United States

Environmental Protection Agency ("U.S. EPA") memorandum regarding Interpretation of

Section 3008(h) of the Solid Waste Disposal Act, dated December 16, 1985, publicly available

from the U.S. EPA at https://www.epa.gov/sites/production/files/documents/s3008interauthmem.pdf.

7. Attached hereto as Exhibit E is a true and correct copy of a letter from Mr. Thomas E.

Linson of the Indiana Department of Environmental Management ("IDEM") to Mr. Ronald

Baker of JCI, dated August 16, 2000, which is a matter of public record in the IDEM Virtual File

Cabinet ("VFC"), Doc # 29574652, and which IDEM produced in this action. The IDEM VFC

is available at https://vfc.idem.in.gov/DocumentSearch.aspx. A document can be located by the

Document Number by searching under "Document Search" and entering the number in "Full

Text Search."

8. Attached hereto as Exhibit F is a true and correct copy of the transcript from the May

12, 2015 deposition of Dr. Vasiliki Keramida in the related action Hostetler, et al. v. Johnson

Controls, Inc., et al., 3:15-cv-00226-JD.

9. Attached hereto as Exhibit G is a true and correct copy of a Proposed Supplemental

Site Investigation and Remediation Pilot Test Work Plan, dated September 8, 2017, which is a

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matter of public record in IDEM's VFC, Doc #80518112, and which GZA GeoEnvironmental

produced in this action.

10. Attached hereto as Exhibit H is a true and correct copy of excerpts from a Vapor

Intrusion Assessment and Mitigation Report, dated July 12, 2012 (excerpts of JCI Dep. Exhibit

370), which is a matter of public record in IDEM's VFC, Doc #66430272, and which IDEM

produced in this action.

11. Attached hereto as Exhibit I is a true and correct copy of excerpts from a First 2015

Semiannual Report, dated August 24, 2015 (excerpts of JCI Dep. Exhibit 371), which is a matter

of public record in IDEM's VFC, Doc #8012804, and which GZA GeoEnvironmental, Inc.

produced in this action.

12. Attached hereto as Exhibit J is a true and correct copy of excerpts from a First

Semiannual Groundwater Monitoring Report, dated September 8, 2017, which is a matter of

public record in IDEM's VFC, Doc #80518096, and which GZA GeoEnvironmental, Inc.

produced in this action.

13. Attached hereto as Exhibit K is a true and correct copy of excerpts from the U.S.

EPA's OSWER Technical Guide for Assessing and Mitigating the Vapor Intrusion Pathway

From Subsurface Vapor Sources to Indoor Air, dated June 2015, publicly available from the U.S.

EPA at https://www.epa.gov/sites/production/files/2015-09/documents/oswer-vapor-intrusiontechnical-guide-final.pdf.

14. Attached hereto as Exhibit L is a true and correct copy of excerpts from IDEM's

Remediation Closure Guide, dated March 22, 2012, with corrections through July 9, 2012,

publicly available from IDEM at

http://www.in.gov/idem/cleanups/files/remediation_closure_guide.pdf.

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15. Attached hereto as Exhibit M is a true and correct copy of the U.S. EPA's

Engineering Issue, Indoor Air Vapor Intrusion Mitigation Approaches, dated October 2008,

publicly available from U.S. EPA at https://www.epa.gov/sites/production/files/2015-

09/documents/600r08115.pdf.

16. Attached hereto as Exhibit N is a true and correct copy of the U.S. EPA's Fact Sheet

#3, Final Remedy Selection for Results-Based RCRA Corrective Action, dated March 2000 (JCI

Dep. Exhibit 429), publicly available from the U.S. EPA at

https://nepis.epa.gov/Exe/ZyPDF.cgi/P100BQRK.PDF?Dockey=P100BQRK.PDF.

17. Attached hereto as Exhibit O is a true and correct copy of an email from Michael

Mccann of IDEM to Bernard Fenelon of GZA GeoEnvironmental, dated December 21, 2017,

which is a matter of public record in IDEM's VFC, Doc # 80577346.

18. Attached hereto as Exhibit P is a true and correct copy of the Affidavit of Peter Orris,

MD, MPH, dated March 17, 2017, which Plaintiffs served on JCI in this action.

19. Attached hereto as Exhibit Q is a true and correct copy of the transcript from the July

20, 2017 deposition of Dr. Peter Orris in this action.

20. Attached hereto as Exhibit R is a true and correct copy of three maps containing

indoor air and sub-slab vapor TCE sampling results that were produced by Dr. Orris in this

action.

21. Attached hereto as Exhibit S is a true and correct copy of an IDEM memorandum:

Clarification Regarding Application of Trichloroethene Indoor Air Screening Levels, dated

March 7, 2016, publicly available from IDEM at

https://www.in.gov/idem/landquality/files/risc_screening_table_2016_announce.pdf.

22. Attached hereto as Exhibit T is a true and correct copy of tables detailing the results

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of various utility backfill, sewer, indoor air, and sub-slab vapor testing conducted by GZA

GeoEnvironmental (JCI Dep. Exhibit 372) and produced by GZA GeoEnvironmental in this

action. These tables were later incorporated into Exhibit J, which is a matter of public record.

23. Attached hereto as Exhibit U is a true and correct copy of excerpts from the U.S.

EPA Toxicological Review of Trichloroethylene (CAS No. 79-01-6) In Support of Summary of

Information on the Integrated Risk Information System (IRIS), dated September 2011, publicly

available from U.S. EPA at

https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/0199tr/0199tr.pdf, and

which Dr. Orris produced in this action.

24. Attached hereto as Exhibit V is a true and correct copy of an article written by

Michihiro Kamijima, et al., titled Occupational trichloroethylene exposure as a cause of

idiosyncratic generalized skin disorders and accompanying hepatitis similar to drug

hypersensitivities, dated November 15, 2006, which was produced by Dr. Orris in this action.

25. Attached hereto as Exhibit W is a true and correct copy of a report written by the

Agency for Toxic Substances and Disease Registry titled Impact of Trichloroethylene Exposure

on Oral Motor, Speech, and Hearing in Children, dated October 2002, which was produced by

Dr. Orris in this action.

26. Attached hereto as Exhibit X is a true and correct copy of an article written by John

S. Reif, et al., titled Neurobehavioral effects of exposure to trichloroethylene through a

municipal water source, dated June 24, 2003, which was produced by Dr. Orris in this action.

27. Attached hereto as Exhibit Y is a true and correct copy of an article written by Irina

Lehmann, et al., titled Enhanced in vivo lgE production and T cell polarization toward the type 2

phenotype in association with indoor exposure to VOC: results of the LARS study, dated August

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