EXHIBIT E 

Case 2:11-cv-01754-BRM-AME Document 384-6 Filed 12/15/17 Page 1 of 9 PageID: 15776
Cohen, Placitella & Roth, P.C. 

Christopher M. Placitella, Esq. (NJ Atty #: 027781981) 

Michael Coren, Esq. (NJ Atty #: 024871979) 

Jared M. Placitella, Esq. (NJ Atty #: 068272013) 

127 Maple Avenue 

Red Bank, NJ 07701 

(732) 747-9003 

Fox Rothschild LLP 

Jeffrey M. Pollock, Esq. (NJ Atty #: 015751987) 

Princeton Pike Corp. Center 

997 Lennox Drive, Building 3 

Lawrenceville, NJ 08648 

(609) 896-7660 

Attorneys for Plaintiffs and the Putative Class 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY

KIMBERLEE WILLIAMS, et al., 

 Plaintiffs, 

 

 vs. 

 

BASF CATALYSTS, LLC, et al., 

 

 

 Defendants.

HONORABLE JOSE L. LINARES 

 

CIVIL ACTION NO. 11-1754 (JLL) (JAD) 

 

PLAINTIFFS’ NOTICE TO TAKE 

DEPOSITION PURSUANT TO FED. R. 

CIV. P. 30(b)(6) TO DEFENDANT BASF 

CATALYSTS, LLC. 

PLEASE TAKE NOTICE, that in accordance with Federal Rule of Civil Procedure 

30(b)(6), videotaped testimony as permitted by Rule 30(b)(3)(A) will be taken by deposition upon 

oral examination before a person authorized by the laws of the United States or the State of New 

Jersey to administer oaths on March 3, 2017 at 10:30 A.M. at the offices of Cohen, Placitella & 

Roth, P.C., 127 Maple Avenue, Red Bank, NJ 07701, and continuing day to day until completed, 

with respect to all matters relevant to the subject matter involved in this action, at which time and 

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place you shall designate and produce those of Defendant’s officers, directors, managing agents, 

or employees who are most qualified and consent to testify on its behalf as to those matters set 

forth in the notice under the heading “Designated Issues” to the extent of any information known 

or reasonably available to Defendants. 

In addition, the undersigned requests that the DOCUMENTS described herein under the 

section entitled “Requests for Production of Documents” be produced pursuant to Federal Rules 

of Civil Procedure 30(b)(2) and 34. Plaintiffs request that Defendant produce the requested 

DOCUMENTS no later than ten (10) days prior to the deposition. 

Plaintiffs further request that ten (10) days prior to the deposition, Defendants provide: (1) 

the name(s) and title(s) of the person(s) it will designate to give testimony; and (2) summaries of 

the areas in which each designated person will give testimony. 

It is intended that this deposition will be videotaped and may be used at trial. Instant visual 

display and streaming internet technology may be utilized to stenographically record and convey 

the testimony. 

DEFINITIONS 

1. ALL DOCUMENTS are to be produced in their entirety. 

2. “BASF” shall mean and include BASF Catalysts LLC and its predecessor 

company through merger, Engelhard Corporation. 

3. BASF SE” shall mean and include its BASF SE as well as its predecessor 

German stockholder entity, BASF AG, as well as including BASF SE’s subsidiary companies 

BASF Catalysts, LLC and Iron Acquisition Corporation. 

4. “Cahill” shall mean and refer to Cahill, Gordon & Reindel and its successor, 

Cahill, Gordon & Reindel, LLP. 

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5. “Dembrow” shall mean and refer to Defendant Ira J. Dembrow, Esq. 

6. “Dornbusch” shall mean and refer to Defendant Arthur A. Dornbusch II, Esq. 

7. “EMTAL” or “Johnson Mine product” as used herein shall mean and refer to all 

BASF talc products sold or talc ore under the brand name EMTAL®. 

8. “EMTAL ore “or “talc ore” as used herein shall mean and refer to all talc ore 

mined and processed at the Johnson Mine. 

9. “EMTAL Claim” or "EMTAL Claims” shall mean and refer to any claim, notice 

of claim, lawsuit, administrative action, arbitration, demand or request for indemnification or 

contribution, which involves, arises from, or is related to alleged harmful exposure to EMTAL talc 

ore or EMTAL finished product. 

10. “Engelhard” shall mean and Engelhard Corporation, Engelhard Industries, 

Minerals & Chemicals Phillip Corporation, Eastern Magnesia Talc Company, Porocel Corporation 

and/or Pita Realty Limited. 

11. “Gale” shall mean or refer to Peter N. Gale 

12. “Glassley” shall mean or refer to Dr. William Glassley, Ph.D. 

13. “Halket” shall mean and refer to Defendant Thomas D. Halket, Esq. 

14. “Johnson Mine” shall mean and refer to the talc mine located in Johnson, Vermont 

owned and operated by BASF and from which mine’s ore EMTAL talc products were processed 

and manufactured. 

15. “Martin case” shall mean and the case captioned Theresa Martin, etc. vs Eastern 

Magnesia Talc Company, et al., filed in the Superior Court of Rhode Island. 

16. “Sloane” shall mean and refer to Howard G. Sloane, A/K/A “Peter Sloane”. 

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17. “Schwartz case” shall mean and refer to the case captioned Jacqueline Schwartz v. 

Eastern Magnesia Talc Company, et al., No. C-327-521, filed in the Superior Court of California. 

18. “Test results” shall mean and refer to any and all measurement, investigation, 

analytical or assay findings of one or more items, persons, samples or environments, as well as 

documents relating to or embodying such findings. It also shall mean and include physical things 

relating to or concerning the findings such as photographs, micrographs, maps, diagrams, graphics, 

tables, and analytical apparatus or machine hardcopy output. 

29. “Triglia” shall mean and refer to Emil J. Triglia. 

20. “Westfall case” shall mean and refer to the United Stated District Court for the 

District of Rhode Island asbestos injury case captioned Westfall v. Whittaker, C.A. No. 79-0269. 

DESIGNATED ISSUES 

NOTICE IS FURTHER GIVEN that the deponent(s) will be deposed concerning the 

following topics: 

1. Engelhard’s Record Retention Policies. 

2. The documents subject to the March 7, 1984 memo from Glenn Hemstock attached 

hereto as Exhibit A. 

3. The current location of the original documents that were collected as pursuant to 

the memo from Glenn Hemstock attached hereto as Exhibit A. 

4. The destruction or loss of any of the original documents that were collected as 

pursuant to the memo from Glenn Hemstock attached hereto as Exhibit A. 

5. The current location of all original depositions and original exhibits from the 

Westfall case. 

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6. The current location of all original documents related to the testing of EMTAL talc 

and ore from the Johnson Mine to determine the presence of asbestos. 

7. The destruction or loss of any of the samples used in the testing of EMTAL talc 

and ore from the Johnson Mine to determine the presence of asbestos. 

8. The current location of all samples used in the testing of EMTAL talc and ore from 

the Johnson Mine to determine the presence of asbestos. 

9. The current location of all notes, samples, reports and photographs related to the 

testing by William Glassley in the Westfall case and the Martin case. 

10. The destruction or loss of any and all notes, samples, reports and photographs 

related to the testing by William Glassley in the Westfall case and the Martin case. 

11. The destruction or loss of any of the original depositions and original exhibits from 

the Westfall case. 

12. The destruction or loss of any of the original documents related to the testing of 

EMTAL talc and ore from the Johnson Mine to determine the presence of asbestos. 

13. The location and completeness of all original files related to lawsuits filed against 

Engelhard and BASF for injuries allegedly related to EMTAL talc. 

14. The source of all documents produced by BASF/Cahill in this case. 

15. The current location and chain of custody of EMTAL talc samples tested by RJ Lee 

Group, Inc. in 1993. 

REQUEST FOR PRODUCTION OF DOCUMENTS 

1. All original documents that were collected pursuant to the memo from Glenn 

Hemstock attached hereto as Exhibit A related to EMTAL talc of the Johnson Mine. 

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2. All original deposition transcripts from the Westfall case and the original exhibits 

marked at any deposition taken in the Westfall case. 

3. All original documents related to the testing of EMTAL talc and ore from the 

Johnson Mine to determine the presence of asbestos. 

4. All samples used in the testing of EMTAL talc and ore from the Johnson Mine, 

either by Engelhard or any third-party hired by Engelhard, to determine the presence of asbestos. 

5. The complete original files of Dr. Glenn Hemstock concerning EMTAL 

6. The complete original files of Mr. Emil Triglia concerning EMTAL. 

7. The complete original files of Mr. T. Dixon Oulton concerning EMTAL. 

8. All notes, samples, reports, photographs, and other print-outs related to the testing 

by William Glassley in the Westfall case, and the Martin case. 

 

Fox Rothschild LLP 

Jeffrey M. Pollock, Esq. (NJ Atty #: 015751987) 

Princeton Pike Corp. Center 

997 Lennox Drive, Building 3 

Lawrenceville, NJ 08648 

(609) 896-7660 

Attorneys for Plaintiffs and the Putative Class 

Dated: February 1, 2017 COHEN, PLACITELLA & ROTH, P.C. 

 /s/ Christopher M. Placitella )

 Christopher M. Placitella, Esq. (NJ Atty #: 027781981) 

 Michael Coren, Esq. (NJ Atty #: 024871979) 

 Jared M. Placitella, Esq. (NJ Atty #: 068272013) 

 127 Maple Avenue 

 Red Bank, NJ 07701 

 (732) 747-9003 

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Certificate of Service 

 I hereby certify that on February 1, 2017, I served the foregoing Plaintiffs’ Notice of Rule 

30(b)(6) Deposition on the following attorneys via Email: 

Eugene F. Assaf, P.C. 

Kirkland & Ellis, LLP 

655 15th St., N.W. 

Washington, D.C. 20005 

eassaf@kirkland.com

Michael F. Williams, Esq. 

Kirkland & Ellis, LLP 

655 15th St., N.W. 

Facsimile: (202) 879-5200 

mwilliams@kirkland.com

Justin T. Quinn, Esq. 

Robinson Miller LLC 

One Newark Center, 19th Floor 

Newark, New Jersey 07102 

jquinn@rwmlegal.com

Attorneys for Defendant, BASF Catalysts, LLC

John K. Villa, Esq. 

Williams & Connolly, LLP 

725 12th Street, N.W. 

Washington, D.C. 20005 

jvilla@wc.com

Grant A. Geyerman, Esq. 

Williams & Connolly, LLP 

725 12th Street, N.W. 

Washington, D.C. 20005 

ggeyerman@wc.com

Robert E. Ryan, Esq. 

Connell Foley, LLP 

85 Livingston Avenue 

Roseland, New Jersey 07068 

rryan@connellfoley.com

Attorneys for Cahill Defendants 

Kevin H. Marino, Esq. 

Marino, Tortorella & Boyle, P.C. 

437 Southern Boulevard 

Chatham, New Jersey 07928 

kmarino@khmarino.com

John A. Boyle, Esq. 

Marino, Tortorella & Boyle, P.C. 

437 Southern Boulevard 

Chatham, New Jersey 07928 

jboyle@khmarino.com

Attorneys for Defendant Arthur Dornbusch 

Eric Tunis, Esq. 

Herold Law, P.A. 

25 Independence Boulevard 

Warren, New Jersey 07059 

etunis@heroldlaw.com

Attorneys for Defendant Thomas Halket

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Dated: February 1, 2017 

 

 COHEN, PLACITELLA & ROTH, P.C. 

 /s/ Michael Coren )

 Michael Coren. Esq. 

 mcoren@cprlaw.com

 127 Maple Avenue 

 Red Bank, New Jersey 07701 

 (732) 747-9003 

 Attorneys for Plaintiffs and the Proposed Class 

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