Ex. A

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 1 of 104 PageID: 24385
Page 537

 SUPERIOR COURT OF NEW JERSEY

 LAW DIVISION: MIDDLESEX COUNTY

 DOCKET NO. MID-L-5384-11 AS

AUDREY SAMPSON, :

individually and as Executrix :

of the Estate of JOHN SAMPSON :

 Plaintiff, :

 vs. :

3M COMPANY, f/k/a :

Minnesota Mining & :

Manufacturing Company, et al., :

 Defendants. :

 Washington, D.C.

 Wednesday, August 2, 2017

 Videotaped deposition of DANIEL STEINMETZ

 10:02 A.M.

 VOLUME III

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 2 of 104 PageID: 24386
2 (Pages 538 to 541)

Page 538

1 DEPOSITION OF DANIEL STEINMETZ

2 Held at

3 Kirkland & Ellis

4 655 - 15th Street, N.W.

5 Third Floor

6 Washington, D.C. 20005

7

8 Pursuant to notice, before Carol J.

9 Robinson, Registered Professional Reporter and Notary

10 Public in and for the District of Columbia.

11

12

13

14

15

16

17

18

19

20

21

22

Page 539

1 A P P E A R A N C E S

2 ON BEHALF OF THE PLAINTIFF:

3 COHEN, PLACITELLA & ROTH

BY: CHRISTOPHER M. PLACITELLA, ESQ.

4 MICHAEL COREN, ESQ.

127 Maple Avenue

5 Red Bank, NJ 07701

888-394-0962

6

ON BEHALF OF Defendants BASF CATALYSTS LLC AND

7 SITA REALTY F/K/A EASTERN MAGNESIUM:

8 KIRKLAND & ELLIS

BY: PETER A. FARRELL, ESQ.

9 TIA T. TROUT-PEREZ, ESQ.

ELIZABETH DALMUT, ESQ.

10 peter.farrell@kirkland.com

ttrout-perez@kirkland.com

11 elizabeth.dalmut@kirkland.com

202-879-5959

12

ON BEHALF OF DEFENDANT UNION CARBIDE and

13 CERTAINTEED CORP.:

14 CARUSO SMITH EDELL PICINI, P.C.

BY: ALEXANDRA CARUSO, ESQ. (by telephone)

15 60 Route 46 East

Fairfield, NJ 07004

16 973-667-6000

17 ON BEHALF OF WHITTAKER, CLARK & DANIELS, INC.:

18 HOAGLAND, ONGO, MORAN, DUNST & DOUKAS, LLP

BY: JAMES R. GOODLOE, II, ESQ. (by telephone)

19 40 Paterson Street - P.O. Box 480

New Brunswick, NJ 08903

20 732-545-4717

jgoodloe@hoaglandlongo.com

21

22

Page 540

1 A P P E A R A N C E S (continued)

2 ON BEHALF OF DEFENDANT E.A. DUPONT DE NEMOURS AND

3 CO.:

4 PORZIO, BROMBERG & NEWMAN, P.C.

BY: DIANE AVERELL, ESQ. (by telephone)

5 100 Southgate Parkway

Morristown, NJ 07962

6 Dfaverell@pbnlaw.com

973-889-34150

7

8 ON BEHALF OF DEFENDANT SOUTHERN TALC:

9 REILLY JANICZEK & MCDEVITT

BY: JAMES ANDRIS, ESQ. (by telephone)

10 2500 McClellan Boulevard

Suite 240

11 Merchantville, NJ 08109

856-317-7180

12 jandris@rjm-law.com.

13 ON BEHALF OF DEFENDANT DAP, INC.:

14 MCGIVNEY & KLUGER, P.C.

BY: STEPHEN DENARO, ESQ. (by telephone)

15 23 Vreeland Road, Suite 220

Florham Park, NJ 07932

16 973-822-1110

sdenaro@mklaw.us.com

17

18 ON BEHALF OF DEFENDANT BENJAMIN MOORE:

19 MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP

BY: JOSEPH D. RASNEK, ESQ. (by telephone)

20 1300 Mt. Kemble Avenue

Morristown, New Jersey 07962-2075

21 jrasnek@mdmc-law.com

973-425-8774

22

Page 541

1 A P P E A R A N C E S (continued)

2 ON BEHALF OF DEFENDANT VANDERBILT MINERALS, LLC:

3 O'TOOLE SCRIVO FERNANDEZ WEINER VAN LIEU, LLC

BY: ELIAS ARROYO, ESQ. (by telephone)

4 14 Village Park Road

Cedar Grove, NJ 07009

5 973-239-54700

Earroyo@oslaw.com

6

7

8

9 Also Present: Ray Moore - Videographer

10

11

12

13

14

15

16

17

18

19

20

21

22

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 3 of 104 PageID: 24387
3 (Pages 542 to 545)

Page 542

1 C O N T E N T S

2 EXAMINATION OF DANIEL STEINMETZ PAGE

3 By Mr. Placitella 546

4 E X H I B I T S M A R K E D

5 (Attached)

6 Number Description PAGE

7 Exhibit 32 Physical testing laboratory 554

8 use form dated August 14, 1972

9 Exhibit 33 Analytical laboratory use form 554

10 dated June 7, 1971

11 Exhibit 34 Physical testing laboratory use 555

12 form dated April 2, 1973

13 Exhibit 35 Letter dated May 17, 1989 from 587

14 Ira J. Dembrow at Cahill Gordon

15 & Reindel to Jeffrey C.

16 Schwarts, Esq., Bates stamped

17 BASF FC 0010055-57

18

19

20

21

22

Page 543

1 E X H I B I T S M A R K E D (continued)

2 (Attached)

3 Number Description PAGE

4 Exhibit 36A-B Pair of rock samples taken 673

5 from the Johnson mine of

6 EMTAL 42 and EMTAL 500,

7 submitted to McCrone from

8 Engelhard in 1973

9 Exhibit 37A-C Three talc rock samples 674

10 obtained from Ed Lomas at

11 Johnson mine in the late

12 '70s and early '80s

13 Exhibit 37D-F Three powder samples 674

14 currently under the custody

15 of Micky Gunter

16 Exhibit 38 Talc rock sample obtained by 681

17 Micky Gunter from Leslie

18 White

19 Exhibit 39 Talc rock sample reportedly 686

20 taken from the Johnson mine

21 obtained by Micky Gunter

22 from University of Vermont

Page 544

1 E X H I B I T S M A R K E D (continued)

2 (Attached)

3 Number Description PAGE

4 Exhibit 40 Declaration of Edward Lomas 692

5 dated April 4, 2013

6 Exhibit 41 Transcript of videotape 692

7 deposition of William Grassley

8 taken on June 17, 2014

9 Exhibit 42 Document entitled Stipulation 692

10 and Order of Confidentiality,

11 Bates stamped

12 BASF_SAMPSON000025203-2509

13 Exhibit 43 Document entitled Summary of 776

14 Activities Related to Services

15 Rendered for Decof & Grimm in

16 the Case of David H. Westfall

17 vs. Whittaker, Clark & Daniels,

18 et al.

19 Exhibit 44 Letter dated August 10, 2010 782

20 from Robert J. Kelly to

21 Christopher Placitella

22

Page 545

1 P-R-O-C-E-E-D-I-N-G-S

2 THE VIDEOGRAPHER: We are now on the

3 record. This begins DVD Number 1 in the deposition

4 of Daniel Steinmetz in the matter of Audrey Sampson

5 vs. 3M Company, et al., in the Superior Court of New

6 Jersey, Middlesex County, Law Division, Docket Number

7 MID-L-5384-11AS.

8 Today is August 2, 2017, and the time is

9 10:02 a.m.

10 This deposition is being taken at

11 655 15th Street Northwest, Washington, D.C., at the

12 request of Cohen Placitella and Roth.

13 The videographer is Ray Moore of Magna

14 Legal Services, and the court reporter is Carol

15 Robinson of Magna Legal Services.

16 Counsel will be noted on the stenographic

17 record. Will the court reporter please swear in the

18 witness.

19 DANIEL STEINMETZ

20 called as a witness, having been first duly sworn to

21 tell the truth, the whole truth, and nothing but the

22 truth, was examined and testified as follows:

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 4 of 104 PageID: 24388
4 (Pages 546 to 549)

Page 546

1 EXAMINATION

2 BY MR. PLACITELLA:

3 Q. Good morning, Mr. Steinmetz. How are

4 you?

5 A. I'm fine, thank you.

6 Q. We are here hopefully to conclude your

7 deposition today.

8 A. Yes.

9 Q. Do you have P-13? It should be under --

10 I had it on top before.

11 A. Yes.

12 MR. FARRELL: Which one is that, Chris?

13 BY MR. PLACITELLA:

14 Q. P-13 is the court order. Is that

15 correct?

16 A. Yes.

17 Q. Mr. Steinmetz, as a representative of

18 BASF on the issues identified in the court order,

19 what is your understanding of your duties and

20 obligations of preparing to testify on behalf of

21 BASF?

22 MR. FARRELL: Objection to form.

Page 547

1 THE WITNESS: My understanding is that I

2 am the person most knowledgable representing BASF

3 regarding the issues outlined in that order.

4 BY MR. PLACITELLA:

5 Q. My question is: What is your

6 understanding of what your obligations are in order

7 to prepare to give the testimony pursuant to the

8 Court's order?

9 MR. FARRELL: Objection to form.

10 THE WITNESS: My understanding is I

11 should be prepared to answer questions that you have

12 regarding those issues.

13 BY MR. PLACITELLA:

14 Q. And what specific preparation did you

15 undertake in order to respond fully to the Court's

16 order?

17 MR. FARRELL: Objection to form.

18 THE WITNESS: Well, before the first set

19 of depositions, I met with counsel for a couple of

20 days, spent several hours reading prior testimony

21 from other depositions of other people, learning

22 about the methods of searching for information that

Page 548

1 have been done over the last few years with regards

2 to Engelhard, old Engelhard documents. I learned

3 about the samples that we have and the chain of

4 custody for those samples; and then, just in general,

5 other information regarding all of the documents that

6 are in the boxes in the back.

7 BY MR. PLACITELLA:

8 Q. Am I correct that all of the information

9 concerning the source and selection of the documents

10 that have been produced here today came from the

11 lawyers of BASF?

12 MR. FARRELL: Objection to form,

13 foundation.

14 THE WITNESS: By "came from," you mean

15 the ones that I've looked at?

16 BY MR. PLACITELLA:

17 Q. Yes.

18 A. Yes.

19 Q. You did not do any independent searches

20 on your own. Correct?

21 MR. FARRELL: Objection to form.

22 THE WITNESS: That's correct. I -- I

Page 549

1 watched searches done as examples, so I knew how they

2 were done, but I didn't do them myself.

3 BY MR. PLACITELLA:

4 Q. But the selection of documents was done

5 exclusively by BASF's counsel or people working for

6 them. Correct?

7 A. Yes.

8 MR. FARRELL: Objection to form.

9 BY MR. PLACITELLA:

10 Q. And any information that you're providing

11 concerning the source of the documents that have been

12 selected came directly from BASF's lawyers. Correct?

13 MR. FARRELL: Objection to form.

14 THE WITNESS: Yes. The information came

15 from them, but a lot of it I -- I looked at on my own

16 and independently I made sure I was comfortable with.

17 BY MR. PLACITELLA:

18 Q. Did you ask whether the Cahill lawyers

19 had any information on the existence, fate, or last

20 known whereabouts of any of the documents that had

21 been asked to be produced in this deposition?

22 A. I'm sorry. Could you repeat that?

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 5 of 104 PageID: 24389
5 (Pages 550 to 553)

Page 550

1 Q. Sure. Did you ask whether the Cahill

2 Gordon lawyers had any information on the source of

3 the information that's been produced for this

4 deposition?

5 MR. FARRELL: Objection to form.

6 THE WITNESS: I'm not sure if I asked

7 that specifically, but we did discuss Cahill Gordon

8 and the source of a lot of the documents that are in

9 the back, having come from Cahill Gordon.

10 BY MR. PLACITELLA:

11 Q. Did you ask whether there were any

12 current or former Engelhard employees or BASF

13 employees who have any information on the existence,

14 fate, or last known whereabouts of any of the

15 documents you've been asked about in this deposition?

16 A. I'm not sure if I asked specifically, but

17 we did discuss the fact that several former employees

18 were spoken to regarding this case.

19 Q. But you never did that yourself?

20 A. No, I did not.

21 Q. Were you provided access to those people?

22 MR. FARRELL: Objection to form.

Page 551

1 THE WITNESS: If I had wanted it, I

2 probably could have had access to those that are

3 still available.

4 BY MR. PLACITELLA:

5 Q. Okay. Now, the last time we were here,

6 we talked about -- and I just want to clarify -- the

7 physical -- the Box No. Exhibit 5, which is the box

8 of physical testing documents.

9 A. Yes.

10 Q. And in that box, we identified a single

11 document relating to the testing of EMTAL talc for

12 asbestos. Do you recall that?

13 MR. FARRELL: Objection to form.

14 THE WITNESS: I do.

15 BY MR. PLACITELLA:

16 Q. Since that time, have you identified any

17 other documents in Exhibit 5 relating to the testing

18 of EMTAL talc for asbestos?

19 A. Yes. I think at the -- at the last

20 deposition I mentioned there were more than just that

21 one, that there were at least a couple of others.

22 And we -- I have identified those. There are two

Page 552

1 additional ones.

2 Q. So, do you have all -- all of them with

3 you?

4 A. Yes, I do.

5 BY MR. PLACITELLA:

6 Q. Okay, thank you.

7 Can -- can I -- do you have copies of

8 them?

9 A. Yes.

10 MR. FARRELL: We do have a copy.

11 What orders do you have yours in, Dan?

12 THE WITNESS: The first exhibit I have is

13 Exhibit P-17, which is the one we talked about last

14 time.

15 MR. FARRELL: Here you go,

16 Mr. Placitella.

17 MR. PLACITELLA: So, why don't we mark

18 them --

19 MR. FARRELL: I'm sorry, Chris. Did I

20 give you three -- I don't know if I gave you two

21 copies of one or I gave you all three.

22 MR. PLACITELLA: They look to be

Page 553

1 different.

2 MR. FARRELL: Okay.

3 THE WITNESS: The first one is -- was

4 P-17 from the last deposition.

5 MR. PLACITELLA: Okay. So, let's just

6 mark the next two, and then I'll look at them over a

7 break so we don't waste a lot of time.

8 What's the `next exhibit number do you

9 have?

10 THE REPORTER: 32.

11 MR. PLACITELLA: So, can we mark the next

12 two exhibits 32 and 33?

13 MR. FARRELL: Just so the record is

14 clear, you will see there are paper clips on there.

15 These are collections of documents, not individual

16 documents.

17 MR. PLACITELLA: Okay.

18 MR. FARRELL: One came from -- for each

19 of those packets, it's the document from the box and

20 then one or two other documents that Mr. Steinmetz

21 took note of.

22

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 6 of 104 PageID: 24390
6 (Pages 554 to 557)

Page 554

1 (Plaintiff's Exhibit No. 32,

2 physical testing laboratory use

3 form dated August 14, 1972, was

4 marked for identification.)

5 (Plaintiff's Exhibit No. 33,

6 analytical laboratory use form

7 dated June 7, 1971, was

8 marked for identification.)

9 MR. FARRELL: Also your -- just so you

10 know, Mr. Placitella, your call on how you want to

11 mark these. The one document that was P-17,

12 Mr. Steinmetz now has a packet with that one

13 document. So, I don't know if you want to mark this

14 as --

15 MR. PLACITELLA: Why don't we just mark

16 it --

17 MR. FARRELL: -- with whatever you are up

18 to.

19 MR. PLACITELLA: Why don't we just mark

20 it 34.

21 MR. FARRELL: Sure.

22 MR. PLACITELLA: That makes more sense.

Page 555

1 MR. FARRELL: So, so the record is clear,

2 the first page of what is going to be 34 should be

3 the same as P-17. It just has -- 34 has some

4 additional documents paper-clipped to it.

5 (Plaintiff's Exhibit No. 34,

6 physical testing laboratory use

7 form dated April 2, 1973, was

8 marked for identification.)

9 BY MR. PLACITELLA:

10 Q. You have in front of you Exhibits 32, 33,

11 and 34. Correct?

12 A. Yes.

13 Q. Can you just describe them generally for

14 the record.

15 A. Exhibit P-32 is a physical testing

16 laboratory use form dated August 14, 1972.

17 Exhibit P-33 is also an analytical

18 laboratory use form dated June 7, 1971.

19 And then P-34 is another physical testing

20 laboratory use form dated April 2, 1973.

21 Q. And all of the pages of the documents of

22 P-32, 33, and 34 came from the box P-5?

Page 556

1 MR. FARRELL: Objection to form.

2 THE WITNESS: Only the first page of

3 each.

4 BY MR. PLACITELLA:

5 Q. Okay. So, the first page of 32, 33, and

6 34 came from P-5?

7 A. That's correct.

8 Q. Okay. And they were the original

9 documents you received from where? What source?

10 A. These documents were recovered from a box

11 at Iron Mountain. So, they were originally acquired

12 by BASF when Engelhard was acquired in 2006.

13 Q. And the other documents you have attached

14 to 32, 33, and 34, where are they from?

15 A. In Exhibit 32, there is an attached TSR

16 from Dankwerth to Hemstock dated August 1, 1972. And

17 this was one of the Hemstock exhibits from the 1983

18 Hemstock deposition.

19 And then also attached to P-32 is page 14

20 from Laboratory Notebook No. 2333.

21 Q. Okay.

22 A. And P-33, again, that's the laboratory

Page 557

1 use form dated 6-7-71, and attached to that is a

2 customer report dated July 8, 1971, which was part of

3 the compilation put together by Cahill in 1982, and

4 that was Tab 1 of that compilation.

5 And then also attached to P-32 is page 19

6 from Notebook No. 2139.

7 Q. Okay.

8 A. And P-34, again, that's the laboratory

9 testing use form from April 2, 1973, and attached to

10 that is a TSR from Schafer to Triglia dated

11 February 28, 1973. This was also one of the Hemstock

12 exhibits.

13 And then page 14 from Notebook 3057,

14 page 17 from Notebook 3104, and page 47 from Notebook

15 3014. And those are all the original notebooks that

16 we found at Iron Mountain.

17 Q. So, I'll take a look at that over a

18 break, over lunch, and see if I have any other

19 questions rather than take the time now.

20 Remember, last time we talked a little

21 bit about Mr. Oulton's files. Do you recall that?

22 A. Yes.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 7 of 104 PageID: 24391
7 (Pages 558 to 561)

Page 558

1 Q. Okay. Do you know whether Mr. Oulton's

2 files concerning the testing of EMTAL talc were in

3 existence and in possession, in custody and control

4 of Engelhard during the Westfall case?

5 MR. FARRELL: Objection to form. Vague

6 as to which documents.

7 THE WITNESS: Well, as I mentioned, I

8 think, previously, we don't know what happened to

9 Oulton's files because he retired in 1977. They have

10 been broken up, he may have cleaned them out, he may

11 have thrown some things away. We just don't know.

12 What we do know is that we have a lot of

13 documents on which Oulton is either a recipient, a

14 copied recipient, or an author. And those would have

15 been available during the Westfall case.

16 BY MR. PLACITELLA:

17 Q. But in terms of Oulton's file, that was

18 identified last time we were here. Do you know

19 whether that was available to Engelhard during the

20 Westfall case?

21 MR. FARRELL: Objection to form and

22 foundation.

Page 559

1 THE WITNESS: Yes. I believe you are

2 referring to the file TDO. And as I mentioned

3 before, we really don't even know what was in there,

4 who put it together, whether there was one sheet of

5 paper in there or whether there were a hundred sheets

6 of paper, and we don't even know if that file was in

7 existence in 1983.

8 Again, we do know that we have a lot of

9 information from Oulton. We just don't know if it

10 came from that -- a specific file called TDO file.

11 BY MR. PLACITELLA:

12 Q. So, the answer to my question is: Do you

13 know whether the TDO file was in possession of

14 Engelhard during the Westfall case, the answer is you

15 don't know?

16 MR. FARRELL: Objection to form,

17 foundation, misstates his testimony.

18 THE WITNESS: As I mentioned, we don't

19 know whether that file was available. We don't know

20 whether it existed at the time, but we do know that

21 we have a lot of the information from Oulton.

22

Page 560

1 BY MR. PLACITELLA:

2 Q. What is the TDO file, to your knowledge?

3 MR. FARRELL: Objection to form.

4 THE WITNESS: The only reference I've

5 seen to the TDO file is a reference on one of the

6 exhibits that we've spoken about previously. And in

7 handwriting, it says, I believe, "Look at the TDO

8 file." That's all I know about it.

9 BY MR. PLACITELLA:

10 Q. So, you don't know what it is.

11 A. That's correct.

12 Q. And you don't know what was in it.

13 MR. FARRELL: Objection to form.

14 THE WITNESS: That's correct.

15 BY MR. PLACITELLA:

16 Q. Do you know whether the TDO file was in

17 existence when the March 7, 1984, memo from Hemstock

18 was sent?

19 MR. FARRELL: Objection to form,

20 foundation, vague.

21 THE WITNESS: No. I guess it would be --

22 my answer would be the same as it was before. We

Page 561

1 don't know whether -- first, we don't know what was

2 in the file, we don't know how it existed, but we do

3 know that we have all kinds of documents with

4 Oulton's name on them.

5 Q. Do you have any testimony that the source

6 of information concerning the documents that have

7 been produced came from BASF's lawyers, what -- did

8 you ask since the last meeting, the last deposition,

9 whether BASF's lawyers have any idea what happened to

10 the Oulton file?

11 MR. FARRELL: Objection to form,

12 foundation.

13 THE WITNESS: I didn't ask that

14 specifically.

15 BY MR. PLACITELLA:

16 Q. Do you think, in terms of your obligation

17 to respond to the Court's order, that would have been

18 a good idea?

19 MR. FARRELL: Objection to form,

20 foundation, argumentative.

21 THE WITNESS: No. I think I prepared

22 well for this. I -- I don't think that would have

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 8 of 104 PageID: 24392
8 (Pages 562 to 565)

Page 562

1 made a difference.

2 BY MR. PLACITELLA:

3 Q. If the lawyers had that information,

4 don't you think it would be helpful to you?

5 MR. FARRELL: Objection to form,

6 foundation.

7 THE WITNESS: It would only be helpful

8 insofar as I could have answered your last question.

9 But as I've mentioned many times, we have so much

10 information from Oulton, I don't think it matters

11 what file it came from. We just know that we have

12 it.

13 BY MR. PLACITELLA:

14 Q. That's your opinion. Right, sir?

15 MR. FARRELL: Objection, argumentative.

16 THE WITNESS: That's based on what I've

17 known and learned from preparing.

18 BY MR. PLACITELLA:

19 Q. Do you know whether Cahill Gordon was

20 asked if they have a copy of the Oulton file?

21 A. I don't know if they were asked

22 specifically. I do know that every file that Cahill

Page 563

1 had was individually searched.

2 Q. For the Oulton file?

3 A. For anything related to EMTAL talc.

4 Q. Now, I don't know which number it is,

5 your folder addressing the documents used at the

6 Westfall deposition of Triglia. It is 20 or 21. Do

7 you know which one?

8 A. I have 20.

9 Q. 20. Okay.

10 The source of this is what?

11 MR. FARRELL: Objection to form, vague.

12 BY MR. PLACITELLA:

13 Q. The source of this exhibit is what?

14 A. The source of --

15 MR. FARRELL: Same objection.

16 THE WITNESS: The source of this exhibit

17 was counsel who put together this information for my

18 use.

19 BY MR. PLACITELLA:

20 Q. Okay. I'm looking -- I put it here under

21 the Elmo. This is the -- you have in front of you

22 the transcript of Mr. Triglia?

Page 564

1 A. Yes.

2 Q. The same thing?

3 A. Yes.

4 Q. All right. Is that complete, to your

5 knowledge?

6 MR. FARRELL: Objection to form.

7 THE WITNESS: This may have been the one

8 where there may be one page that is missing. I'm not

9 sure. I'd have to look at each page. But other than

10 that, yes. Page 37 wasn't in here, but otherwise

11 it's complete, yes.

12 BY MR. PLACITELLA:

13 Q. In terms of assessing what went on at the

14 Triglia deposition, do you think it would be

15 important to have all of the pages of the transcript

16 available to you?

17 MR. FARRELL: Objection to form,

18 foundation, calls for speculation.

19 THE WITNESS: Again, I have no reason

20 to -- I think this may have been a mistake. Maybe it

21 was misnumbered, but if we had page 37, we might have

22 a little bit more information. But I think, even if

Page 565

1 one page were missing, having all but one page of 117

2 gives me a good idea of the general direction of that

3 deposition.

4 BY MR. PLACITELLA:

5 Q. How many missing pages would start to

6 create concern for you?

7 MR. FARRELL: Objection to form, calls

8 for speculation.

9 THE WITNESS: I have no idea. That's

10 hypothetical.

11 BY MR. PLACITELLA:

12 Q. Two, three, four, five, six, seven?

13 MR. FARRELL: Same objection.

14 THE WITNESS: I don't know.

15 BY MR. PLACITELLA:

16 Q. Okay. Can you go to page 15 -- 14,

17 rather, of the transcript?

18 A. Okay.

19 Q. That's -- I have a Bates number 33355.

20 Is that correct?

21 A. Yes.

22 Q. The last question on that says, "After

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9 (Pages 566 to 569)

Page 566

1 you concluded that talc probably wouldn't be --

2 wouldn't profitably be used for cosmetic purposes,

3 what purposes did the company decide it would try to

4 sell the talc for?"

5 Do you see that?

6 A. Yes.

7 Q. And before that, on page 13, do you see

8 generally they talk about the testing of talc?

9 A. If I can take a couple of minutes just to

10 read through it.

11 Q. Yes.

12 (Witness reading through the document.)

13 A. Okay, I read that. Yes.

14 Q. It talks generally, on page 13 and into

15 14, about the testing of EMTAL talc. Correct?

16 MR. FARRELL: Objection to form.

17 THE WITNESS: Yes. It discusses some of

18 the methodologies that they had available to them.

19 BY MR. PLACITELLA:

20 Q. Can you tell me -- and then we talked

21 about the bottom of 14, where it talks about the talc

22 not being good for cosmetic purposes. Do you see

Page 567

1 that?

2 A. Yes.

3 Q. Can you tell me what's -- what

4 information is disclosed on page 15 of the

5 deposition?

6 A. Okay. Page 15 is not in here, and I

7 don't know if that's because the copy you have or --

8 Q. This is the copy you gave me.

9 A. Yes.

10 Q. Okay. Can you tell me what's disclosed

11 about the testing of EMTAL talc on page 16 of the

12 deposition?

13 A. No. Pages 15 through 20 are not in this

14 copy.

15 Q. Can you tell me what's disclosed on

16 the -- page 17 of the deposition?

17 MR. FARRELL: Objection.

18 THE WITNESS: No.

19 BY MR. PLACITELLA:

20 Q. Do you have any concerns that you might

21 be missing some information?

22 MR. FARRELL: Objection, argumentative.

Page 568

1 THE WITNESS: As I mentioned before --

2 no, I'm not. Like I said, I think I've read the

3 totality of this, and I'm comfortable with what he

4 testified.

5 BY MR. PLACITELLA:

6 Q. Can you tell me what was testified to

7 about on page 19 of the deposition?

8 MR. FARRELL: Objection. Harassing the

9 witness.

10 THE WITNESS: No. As I mentioned, pages

11 15 through 20 are not in here.

12 BY MR. PLACITELLA:

13 Q. And you didn't know that before today in

14 preparation for your deposition?

15 MR. FARRELL: Objection to form,

16 foundation.

17 THE WITNESS: I didn't notice that

18 before.

19 BY MR. PLACITELLA:

20 Q. Now, let's go to page 36.

21 Do you see page 36, line 7, when it talks

22 about the TSR by the research department, do you see

Page 569

1 that?

2 A. Yes.

3 Q. And it says, "We -- well, we ran all the

4 tests that we were asked to run, comparative x-ray,

5 diffraction, examination of comparative x-ray,

6 fluorescence analysis, mineralogic microscopic exams,

7 and applicable techniques, including thin-section

8 study and the preparation of photographic evidence to

9 substantiate any mineralogical observations with

10 respect to texture, minerals present, et cetera."

11 Do you see that?

12 A. Yes.

13 Q. Then it goes on to say, "That's what we

14 did. We had a geologist in our employ at the time,

15 Karen Newger, who was a very good microscopist. She

16 did the microscopic work.

17 We also sent some of the samples to

18 another mineralogist, Dr. Farwell. He was up in

19 Connecticut. And their results, you know, agreed

20 more or less, you know, in the general categories.

21 Their report on actinolite kind of flip-flopped. One

22 said trace and one said there was slight trace.

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Page 570

1 There was never any significant amounts found, just

2 traces of that particle, that mineral."

3 Do you see that.

4 A. Yes.

5 Q. What was the rest of his answer?

6 MR. FARRELL: Objection to form,

7 foundation.

8 THE WITNESS: I don't know if there was

9 any rest of it. It sounds like he's completing the

10 thought that -- at this point. There is no page 37,

11 as I mentioned earlier.

12 BY MR. PLACITELLA:

13 Q. Well, they're talking about the testing

14 of talc and the documentation of the testing. What

15 was on page 37?

16 MR. FARRELL: Objection to form.

17 THE WITNESS: I'm not sure there was

18 anything on 37. Like I said, that wasn't in this

19 copy. But he finishing the thought by saying there

20 were never any significant amounts found, answering

21 as to that question.

22

Page 571

1 BY MR. PLACITELLA:

2 Q. Do you see where it is underlined,

3 "photographic evidence"?

4 A. Yes.

5 Q. Who underlined that?

6 A. I don't know.

7 Q. Where is that photographic evidence?

8 MR. FARRELL: Objection to form and

9 foundation.

10 THE WITNESS: I don't know.

11 BY MR. PLACITELLA:

12 Q. Do you see where it says that work was

13 done by Karen Newger? Do you see that?

14 A. Yes.

15 Q. Do you have the results of her test?

16 MR. FARRELL: Objection to form and

17 foundation.

18 THE WITNESS: We have a lot of

19 information that was related to Karen Newger. I

20 suspect, if I went through all of the -- all the

21 documents in P-15, I could find work that she had

22 done and probably relate it back to this.

Page 572

1 Likewise with that photographic evidence,

2 it is probably related to a lot of the other

3 documents that we have in P-15.

4 BY MR. PLACITELLA:

5 Q. Oh, so, you have the photographic

6 evidence in P-15?

7 A. I didn't say we have the photographic

8 evidence. I said we could probably relate this back

9 to the -- to the documents that are in here where

10 they discuss the photographic evidence.

11 Q. Somebody thought it was important enough

12 that they underlined it in the transcript. Correct?

13 MR. FARRELL: Objection to form,

14 foundation, calls for speculation.

15 THE WITNESS: I don't know why anybody

16 underlined it. I don't know even who underlined it.

17 BY MR. PLACITELLA:

18 Q. Well, it certainly wasn't you. Correct?

19 A. Correct.

20 Q. That's how it was given to you.

21 A. That's how this booklet was, yes.

22 Q. And it talks about microscopic work that

Page 573

1 was done by Dr. Farwell in Connecticut and finding

2 actinolite. Do you see that?

3 A. Yes.

4 Q. Do you have Dr. Farwell's results?

5 MR. FARRELL: Objection to form and

6 foundation.

7 THE WITNESS: No. We discussed this, I

8 think, last time. This was mentioned in some of the

9 exhibits, and we haven't found that.

10 BY MR. PLACITELLA:

11 Q. So, you don't know what he found

12 specifically?

13 MR. FARRELL: Objection to form,

14 foundation.

15 THE WITNESS: I don't know what he found

16 specifically.

17 BY MR. PLACITELLA:

18 Q. And if what he found specifically was on

19 page 37, we will never know that?

20 MR. FARRELL: Objection to form,

21 foundation, calls for speculation.

22 THE WITNESS: As I mentioned, it sounds

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Page 574

1 to me, just reading this, it looks like he finished

2 his thought and answer by saying there was never any

3 significant amount found.

4 And so, I guess Dr. Farwell didn't find

5 any, since that was his general conclusion at the end

6 of his answer.

7 BY MR. PLACITELLA:

8 Q. Actually, it doesn't say that. It says,

9 "never any significant amounts found." We don't know

10 how much was found because we don't have his test

11 results. Right?

12 MR. FARRELL: Objection to form,

13 foundation, assumes facts.

14 THE WITNESS: I'm not sure that his

15 results exist anywhere anymore, though.

16 BY MR. PLACITELLA:

17 Q. But they certainly must have existed when

18 this deposition was taken.

19 A. I don't know if they existed when it was

20 taken. He knew about them at this time, but I don't

21 know if they actually existed at that point.

22 Q. Is he still alive?

Page 575

1 A. I don't know.

2 MR. FARRELL: Objection to form.

3 BY MR. PLACITELLA:

4 Q. Did anybody try to call him and find out

5 whether he had any of this information?

6 MR. FARRELL: Objection to form and

7 foundation.

8 THE WITNESS: I don't know. I didn't.

9 Counsel may have. I don't know.

10 BY MR. PLACITELLA:

11 Q. When you read his deposition, did you ask

12 questions about what happened to the test results

13 done by Dr. Farwell, preparing for today's

14 deposition?

15 MR. FARRELL: Objection to form.

16 THE WITNESS: We discussed those as part

17 of the general discussion of some of the exhibits,

18 but I didn't ask that specifically.

19 BY MR. PLACITELLA:

20 Q. As we sit here today, whatever

21 Dr. Farwell found in his report is missing.

22 MR. FARRELL: Objection to form,

Page 576

1 foundation, assumes facts, misstates the record.

2 THE WITNESS: We haven't found it. We

3 don't have it. It may be missing. It may not have

4 existed in 1983 when this deposition was taken. We

5 don't know.

6 BY MR. PLACITELLA:

7 Q. Well, certainly, the lawyers at Cahill

8 Gordon would know. Right? They were at the

9 deposition.

10 MR. FARRELL: Objection to form and

11 foundation.

12 THE WITNESS: I don't know what they

13 knew.

14 BY MR. PLACITELLA:

15 Q. Did anybody ask them?

16 MR. FARRELL: Same objections.

17 THE WITNESS: I didn't.

18 BY MR. PLACITELLA:

19 Q. Why not?

20 A. Because I don't think it's significant.

21 Q. The fact that somebody found actinolite

22 in the EMTAL talc is not significant to you?

Page 577

1 MR. FARRELL: Objection to form,

2 foundation, assumes facts, misstates the record.

3 THE WITNESS: No, I don't think it's

4 significant based in the -- in the context of this

5 statement because, as we saw in the answer here, he

6 concluded that there was never any significant amount

7 found.

8 BY MR. PLACITELLA:

9 Q. But we don't know what "significant"

10 means, do we, without actually seeing the report?

11 MR. FARRELL: Objection to form and

12 foundation.

13 THE WITNESS: Significant, to me, means

14 significant whether it's in the report or not.

15 BY MR. PLACITELLA:

16 Q. How much asbestos is significant in EMTAL

17 talc from your perspective?

18 MR. FARRELL: Objection to form,

19 foundation, assumes facts, misstates the record.

20 THE WITNESS: I'm -- I'm not an expert.

21 I can only rely on what other people thought at the

22 time or what people -- what experts think now. I

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12 (Pages 578 to 581)

Page 578

1 don't know what "significant" is because I'm not an

2 expert in that.

3 BY MR. PLACITELLA:

4 Q. Okay. So -- and the first time you found

5 out that there are now at least seven pages missing

6 from his transcript as we sit here today; correct?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: I'm not sure there are

9 seven pages. I didn't use this for preparation. I

10 used ones that were at home. There may be other

11 copies that have those in there. I just don't know.

12 I'd have to look at the original copies.

13 BY MR. PLACITELLA:

14 Q. Wait a second. You produced here

15 documents, and you have other documents that are

16 complete that I was not given?

17 MR. FARRELL: Objection to form.

18 THE WITNESS: I have one at home. You

19 asked me in the last deposition if I had any

20 preparation material at home, and I said I do have a

21 document like this at home that I left in Detroit.

22 MR. PLACITELLA: Is there another

Page 579

1 document that has these pages, Mr. Farrell, that I

2 was not provided?

3 MR. FARRELL: You've been provided the

4 copies of the Triglia transcript that we have.

5 MR. PLACITELLA: Okay. So, there is no

6 other document with the missing pages?

7 MR. FARRELL: I don't know if there is

8 another version of the Triglia transcript.

9 MR. PLACITELLA: Okay.

10 MR. FARRELL: If we have another version

11 of it, I'm sure it's been produced to you.

12 MR. PLACITELLA: I found another version

13 that didn't even have page numbers on it. At least

14 this one has page numbers.

15 MR. FARRELL: So, apparently, there is

16 more than one version of this transcript.

17 MR. PLACITELLA: And it doesn't have

18 these pages.

19 MR. FARRELL: Well, no. I haven't -- I

20 would look into it if -- you can check the document

21 production, Mr. Placitella. It has been produced to

22 you.

Page 580

1 MR. PLACITELLA: No, that's fine, what

2 we're doing.

3 BY MR. PLACITELLA:

4 Q. Can we go to page 67, please?

5 MR. FARRELL: What page is that?

6 MR. PLACITELLA: Page 67.

7 BY MR. PLACITELLA:

8 Q. Do you see where it says, on line 8:

9 "Is that the same list of samples that's

10 included in Exhibits 15 and 17 of this deposition?

11 "ANSWER: I think they are different.

12 They are not the same. These were all" --

13 Do you see that?

14 A. Yes.

15 Q. Do you see where somebody whited out and

16 typed something else in, the mine samples? Do you

17 see that? I circled it on mine.

18 MR. FARRELL: Objection to form and

19 foundation.

20 THE WITNESS: I have no idea.

21 BY MR. PLACITELLA:

22 Q. Well, who whited it -- who whited it out

Page 581

1 and typed something else in?

2 MR. FARRELL: Objection to form and

3 foundation.

4 THE WITNESS: I don't know.

5 BY MR. PLACITELLA:

6 Q. Well, would that be significant, for

7 example, if there was another word there other than

8 "mine"?

9 A. I can't think of many words that would

10 fit in there other than the word "the."

11 Q. How about "the production samples, the

12 air samples"? Who whited it out and put "mine

13 samples"?

14 A. I don't think --

15 MR. FARRELL: Objection -- one moment

16 please.

17 Objection to form, foundation, calls for

18 speculation.

19 Go ahead, Mr. Steinmetz.

20 THE WITNESS: I don't know. I don't

21 think "production" or a longer word would fit in

22 there.

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13 (Pages 582 to 585)

Page 582

1 BY MR. PLACITELLA:

2 Q. How could you represent that this is an

3 accurate transcription of what happened back in 1984

4 of this deposition where we have white-outs and

5 things typed in, and you have no idea who did it and

6 when it was done?

7 MR. FARRELL: Objection to form,

8 foundation, argumentive.

9 THE WITNESS: I -- my feeling, looking at

10 this and reading it and preparing for this, I don't

11 think that is significant. It's...

12 BY MR. PLACITELLA:

13 Q. You don't think it's significant that

14 people were whiting out and typing other things in

15 the transcript and this is represented to be a true

16 and accurate copy of the original transcript? You

17 don't think that's significant?

18 MR. FARRELL: Objection to form and

19 foundation.

20 THE WITNESS: I'm not sure how it's

21 represented. All I know is that it doesn't change my

22 perception of -- of the value of it or the accuracy

Page 583

1 of it. I have no problem with that.

2 BY MR. PLACITELLA:

3 Q. So, now we have missing pages and

4 whited-out sentences, and you still think that it is

5 absolutely representative of what transpired at the

6 date of this deposition in 1984. Correct?

7 MR. FARRELL: Objection to form,

8 foundation, argumentative.

9 THE WITNESS: I don't know what you mean

10 by "absolutely," but, yes, I do think that it's a

11 good representation of what was given at deposition.

12 BY MR. PLACITELLA:

13 Q. Okay. Now, am I correct that --

14 A. Keep in mind, this is, again, we're

15 talking 40 years ago. So --

16 Q. Yes, sir, but --

17 A. -- it's hard to say what happened 40

18 years ago.

19 Q. But BASF's lawyers were there at this

20 deposition. Correct?

21 MR. FARRELL: Objection to form,

22 misstates the record.

Page 584

1 BY MR. PLACITELLA:

2 Q. Correct?

3 A. Well, Engelhard.

4 Q. Engelhard's lawyers. Correct?

5 MR. FARRELL: Objection to form,

6 foundation, misstates the record.

7 THE WITNESS: I'm sorry. Could you

8 repeat the question?

9 BY MR. PLACITELLA:

10 Q. Engelhard's lawyers were there at the

11 deposition. Correct?

12 MR. FARRELL: Same objection. Misstates

13 the record.

14 THE WITNESS: My understanding is that

15 there probably were Engelhard lawyers there. I know

16 Cahill was there. I'd have to look and -- but I

17 assume that they were.

18 BY MR. PLACITELLA:

19 Q. Do you see where, on the first page, it

20 says Cahill Gordon & Reindel were there?

21 A. Yes.

22 Q. And those lawyers eventually became

Page 585

1 BASF's lawyers. Correct?

2 A. I'm sorry. I don't understand what you

3 mean by "they became."

4 Q. Well, after BASF bought out Engelhard,

5 Cahill continued to serve as their lawyers. Correct?

6 A. Yes, they did, for a while. I -- yes.

7 Q. Now, am I correct that, from your review

8 of all of the evidence in your prior deposition, that

9 one of the most important facts litigated in cases

10 involving EMTAL talc for asbestos was whether there

11 was actually asbestos in the EMTAL talc. Correct?

12 MR. FARRELL: Objection to form and

13 foundation, beyond the scope of the notice.

14 THE WITNESS: I'm sorry. Could you

15 repeat it?

16 BY MR. PLACITELLA:

17 Q. One of the most important facts in these

18 cases or issues that are debated is whether there

19 was, in, fact asbestos in the EMTAL talc sold by

20 Engelhard. Correct?

21 MR. FARRELL: Objection to form,

22 foundation, beyond the scope of the notice. Calls

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Page 586

1 for speculation.

2 THE WITNESS: I'm not sure, from a legal

3 perspective, what the answer is. I know that the

4 issue surrounding EMTAL talc included the possible

5 presence of asbestos.

6 BY MR. PLACITELLA:

7 Q. And if there was no asbestos in the EMTAL

8 talc, then there was no case that the plaintiff could

9 prove. Correct?

10 MR. FARRELL: Objection to form,

11 foundation, beyond the scope of the notice.

12 THE WITNESS: I don't know.

13 BY MR. PLACITELLA:

14 Q. You know from looking at depositions that

15 representations were made by Engelhard and its

16 lawyers that there was no evidence of asbestos in

17 EMTAL talc. Correct?

18 MR. FARRELL: Objection to form,

19 foundation, beyond the scope of the notice.

20 THE WITNESS: There's been so much --

21 there have been so many depositions and so much

22 information and so many cases, I'd have to look at

Page 587

1 specific statements.

2 MR. PLACITELLA: Can you mark this as the

3 next exhibit?

4 (Plaintiff's Exhibit No. 35,

5 letter dated May 17, 1989 from

6 Ira J. Dembrow at Cahill Gordon &

7 Reindel to Jeffrey C. Schwarts,

8 Esq., Bates stamped BASF FC

9 0010055-57, was marked for

10 identification.)

11 MR. PLACITELLA: First let me give it to

12 counsel, because I only brought one copy.

13 MR. FARRELL: Which topic in your notice

14 does this relate to?

15 MR. PLACITELLA: I'll get to it in a

16 second.

17 MR. FARRELL: Which topic is it?

18 MR. PLACITELLA: I'll get to it in a

19 second.

20 MR. FARRELL: You can't tell me a topic

21 number?

22 BY MR. PLACITELLA:

Page 588

1 Q. Do you have that in front of you, sir?

2 MR. FARRELL: Mr. Placitella, can you

3 tell me the topic number?

4 MR. PLACITELLA: I am not answering your

5 questions. I'm not doing this today.

6 MR. FARRELL: We came back for a third

7 day so you could talk about talc samples --

8 MR. PLACITELLA: We're going to get

9 there.

10 MR. FARRELL: -- and now you are spending

11 the morning covering material you covered on the

12 first two days --

13 MR. PLACITELLA: I don't think so.

14 MR. FARRELL: -- and now you're covering

15 material that is beyond the scope of the notice.

16 MR. PLACITELLA: Let me know when you're

17 done, and I'll ask my next question.

18 MR. FARRELL: I'm just asking you to tell

19 me which topic you are covering.

20 MR. PLACITELLA: Let me know when you are

21 done, and I'll ask my next question.

22 MR. FARRELL: I'm finished. I'm waiting

Page 589

1 for your answer.

2 MR. PLACITELLA: Thank you very much.

3 BY MR. PLACITELLA:

4 Q. Do you have that in front of you, sir?

5 A. Yes.

6 Q. Have you had a chance to look at it?

7 A. I can look at it. I would say that I

8 haven't looked into any other types of litigation for

9 my preparation, so I'm not sure I will be able to

10 respond to this very -- well, I -- I can read it.

11 Q. Well, weren't you supposed to be prepared

12 for what was in the historical litigation files

13 related to EMTAL talc?

14 MR. FARRELL: Objection to form,

15 foundation, misstates the notice, beyond the scope of

16 the notice.

17 BY MR. PLACITELLA:

18 Q. Can you answer my question, sir?

19 A. I'm sorry. Could you repeat it?

20 MR. PLACITELLA: Can you read it back?

21 (The record was read by the court

22 reporter.)

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15 (Pages 590 to 593)

Page 590

1 MR. FARRELL: Same objections.

2 THE WITNESS: I'm sorry. Can I look at

3 the original notice just to --

4 BY MR. PLACITELLA:

5 Q. It's right here. Do you see under

6 Number 13?

7 A. I'm sorry, I can't see it.

8 Q. I'll put it on and then I'll hand it to

9 you.

10 "The location, completeness of all

11 original files related to lawsuits filed against

12 Engelhard and BASF for injuries allegedly related to

13 EMTAL talc."

14 Do you see that?

15 A. I see it, not very well, but -- again,

16 I'm comfortable talking about location and

17 completeness of original files.

18 As I mentioned, I can't talk a lot about

19 individual specifics of -- of specific litigation

20 activities because I didn't prepare for that kind of

21 thing.

22 Q. Okay.

Page 591

1 A. So, I know where the files are and --

2 Q. Can I just have that document?

3 A. Yes.

4 Q. I just have one question about it.

5 Do you see, on Exhibit 35, the second

6 page, "The unequivocal conclusion reached by all of

7 these investigations" -- well, let me start up

8 further.

9 "Enclosed is an affidavit by William" --

10 MR. FARRELL: Do you have a copy that I

11 can read along with?

12 MR. PLACITELLA: It's up there. It's

13 pretty --

14 MR. FARRELL: Do you have a copy of the

15 document I can read along with?

16 MR. PLACITELLA: No, but you can see it

17 right up on the screen.

18 "Enclosed is an" --

19 MR. FARRELL: Mr. Placitella, do you have

20 a copy of the document for me?

21 MR. PLACITELLA: No, I don't. I'm sorry.

22 It says, "Enclosed" --

Page 592

1 MR. FARRELL: So, when the judge directed

2 you to have copies of the documents, you didn't bring

3 copies with you?

4 BY MR. PLACITELLA:

5 Q. "Enclosed is an affidavit by William H.

6 Ashton who has been involved in investigating and

7 studying the talc industry and talc technology for

8 over 35 years."

9 And is that -- have you ever seen the

10 Ashton affidavit?

11 A. I've seen it. I don't know if I've read

12 it, but I've seen it.

13 Q. In his affidavit, Mr. Ashton summarizes a

14 number of reports, studies, and analyses from the

15 1940s to the 1980s of the talc produced at the

16 Johnson, Vermont talc mine that was owned and

17 operated by EMTAL from 1967 to 1983. Are you with

18 me?

19 A. Yes.

20 Q. Okay.

21 A. Again, I can't see it very well on the

22 screen, so --

Page 593

1 MR. FARRELL: And I can't see it either

2 and I don't have a copy.

3 BY MR. PLACITELLA:

4 Q. Well, I'll give it back to you. Let me

5 show you.

6 "The unequivocal conclusion reached by

7 all these investigations, as set forth in

8 Mr. Ashton's affidavit, is that the talc from the

9 Johnson, Vermont mine, which was Engelhard's only

10 talc mine, did not contain asbestos."

11 Here, I'll give it to you to see if I've

12 read that correctly.

13 (Witness hands the document to

14 Mr. Farrell.)

15 MR. FARRELL: Thank you.

16 (Witness reading over the document.)

17 THE WITNESS: Okay. I've read it.

18 BY MR. PLACITELLA:

19 Q. Do you see in the last page the Cahill

20 Gordon firm is cc'd?

21 A. Yes.

22 Q. Okay. So, if there was available

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Page 594

1 evidence that showed that there was asbestos

2 throughout the talc -- the EMTAL mine, that would be

3 significant, don't you think --

4 MR. FARRELL: Objection --

5 BY MR. PLACITELLA:

6 Q. -- in light of these representations?

7 MR. FARRELL: Objection to form,

8 foundation, beyond the scope of the notice, assumes

9 facts.

10 THE WITNESS: I -- I'm not sure what you

11 mean by representations. This is a statement that

12 several investigations were reviewed and that the

13 equivocal -- unequivocal conclusion from those

14 investigations was that there was no talc in the mine

15 from those investigations.

16 BY MR. PLACITELLA:

17 Q. And based on that representation,

18 Engelhard was demanding the plaintiff's lawyer

19 dismiss all those cases. Right?

20 MR. FARRELL: Objection to form,

21 foundation, beyond the scope of the notice.

22 Are we really -- this is what we're going

Page 595

1 to do here today? We are going to cover these

2 questions?

3 MR. PLACITELLA: Well, I would be done if

4 you'd stop talking.

5 MR. FARRELL: Well, why don't we get the

6 Court on the phone, and we'll talk about how this

7 relates to your notice.

8 MR. PLACITELLA: As soon as we take a

9 break.

10 MR. FARRELL: Mr. Placitella, how does

11 this relate to the location and completeness of --

12 MR. PLACITELLA: I'm going to get there

13 in about 30 seconds if you let me ask the questions.

14 BY MR. PLACITELLA:

15 Q. Sir, if there was available evidence that

16 showed asbestos throughout the mine, that would be

17 significant. Correct?

18 MR. FARRELL: Objection to form,

19 foundation, beyond the scope of the notice, assumes

20 facts.

21 THE WITNESS: In what context? I mean,

22 asbestos information in any mine would be important

Page 596

1 to know. I don't know what you mean specifically

2 here.

3 BY MR. PLACITELLA:

4 Q. Well, the EMTAL mine I'm talking about.

5 MR. FARRELL: Same --

6 BY MR. PLACITELLA:

7 Q. If there was available evidence that

8 showed asbestos throughout the EMTAL mine, that would

9 be significant. That's all I'm asking you.

10 MR. FARRELL: Same objections.

11 THE WITNESS: I guess my feeling is I

12 have nothing to lead me to conclude that there was

13 asbestos throughout the mine.

14 BY MR. PLACITELLA:

15 Q. Okay.

16 A. So, it's a hypothetical, I guess.

17 Q. If evidence was lost or destroyed that

18 was proven there was asbestos throughout the EMTAL

19 mine, that would be significant, don't you think?

20 MR. FARRELL: Objection to form,

21 foundation, beyond the scope of the notice, calls for

22 speculation.

Page 597

1 THE WITNESS: You never want to lose or

2 destroy evidence. As I've mentioned, I've done a lot

3 of preparation. Everything I've looked at indicates

4 that these -- the documents related to EMTAL testing

5 at the mine have -- have survived for 40 years. It's

6 remarkable that they are still around. And I have no

7 evidence that any were destroyed.

8 BY MR. PLACITELLA:

9 Q. Okay. So, you reviewed Dr. Hemstock's

10 deposition from the Westfall case. Correct?

11 A. Yes, I read it.

12 Q. And that's one of the documents you

13 produced and you rely upon. Correct?

14 MR. FARRELL: Objection to form.

15 THE WITNESS: Yes. I -- we produced it,

16 yes.

17 BY MR. PLACITELLA:

18 Q. And do you recall that, in his

19 deposition, Dr. Hemstock said that his department

20 initiated a study of the EMTAL mine. Do you recall

21 that?

22 MR. FARRELL: Objection to form. The

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17 (Pages 598 to 601)

Page 598

1 testimony speaks for itself.

2 THE WITNESS: I'd have to look at that

3 again.

4 BY MR. PLACITELLA:

5 Q. Can you get Dr. Hemstock's transcript

6 out?

7 A. From 1983?

8 Q. Yes, sir, the second day.

9 Do you have that in front of you?

10 A. Yes.

11 Q. See, you go up the page, line 2. I'm

12 talking about the study that Dr. Hemstock has

13 testified to --

14 A. I'm sorry. What page are you on?

15 Q. 119.

16 A. Okay, I'm there.

17 Q. "I'm talking about the study that

18 Dr. Hemstock has testified to that took place in 1978

19 and 1979 in which Mr. Gale took part."

20 Are you aware of that study, sir?

21 A. I'm generally aware -- again, I prepared

22 for this deposition in a way that I would know where

Page 599

1 documents are and what documents are available. I

2 didn't study the study itself.

3 Q. I understand that. That's what I'm going

4 to get to. But I have to do some preliminary

5 questions.

6 "Yes, there were that probably appeared

7 in memoranda. I think we have seen the results of

8 them this afternoon.

9 "Well, the memoranda that we've seen or

10 brief memoranda without conclusions or summaries of

11 the results of the tests, was there any final report

12 that was written regarding that series of tests?"

13 Do you see that?

14 A. Yes.

15 Q. And Dr. Hemstock says, "I don't recall

16 that there was."

17 Do you see that?

18 A. Yes.

19 Q. Okay.

20 "You don't recall that there was?

21 "ANSWER: I don't recall that there was."

22 Do you know whether there was a final

Page 600

1 report ever issued?

2 MR. FARRELL: Objection to form and

3 foundation.

4 THE WITNESS: I haven't seen a final

5 report. If he couldn't recall one at the time and

6 that was only a couple of years after the fact, I

7 would conclude that there probably never was one, but

8 I haven't seen a final report.

9 BY MR. PLACITELLA:

10 Q. Did you ask your lawyers whether there

11 was a final report?

12 MR. FARRELL: Objection to form and

13 foundation.

14 THE WITNESS: No, but we have all of

15 the -- we have the data that was generated during

16 those periods.

17 BY MR. PLACITELLA:

18 Q. See, that's the problem. We really

19 don't, and I want to talk about that.

20 MR. FARRELL: Objection, argumentative.

21 BY MR. PLACITELLA:

22 Q. It says, down below, "Dr. Hemstock, do

Page 601

1 you have any question what study I'm asking you

2 about?

3 "ANSWER: I assume you're talking about

4 the study in which Mr. Gale and I visited the mine.

5 "QUESTION: That's right.

6 "ANSWER: That study probably occurred

7 over several months, but it was not a dedicated

8 effort on anybody's part. It was a relatively small

9 study that was almost like a TSR except it was

10 initiated within my department as opposed to being

11 requested by others."

12 Do you see that?

13 A. Yes.

14 Q. Okay.

15 "And why was it initiated within your

16 department?

17 "Mr. Gale and I, I had never been to the

18 EMTAL mine or plant, nor had Mr. Gale. Mr. Gale had

19 just joined the organization, and we were generally

20 interested in learning more about the nature of the

21 EMTAL deposit."

22 Do you see that?

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18 (Pages 602 to 605)

Page 602

1 A. Yes.

2 MR. FARRELL: Objection to form.

3 BY MR. PLACITELLA:

4 Q. "And I was personally interested in

5 seeing the processing operation.

6 "One of the purposes of the study was to

7 determine asbestos content in the talc and the ore.

8 Is that correct?

9 "ANSWER: No, it was not.

10 "QUESTION: It was not?

11 "ANSWER: No, it was not. It was a

12 broader intent than that. We wanted to see the

13 general geology of the deposit. We wanted to find

14 out what other mineral constituents were there. If

15 we found asbestos that was, so be it. We were

16 looking for other things like magnesite content, iron

17 carbonate content and other extraneous minerals like

18 chlorite, like sphene. So, it was a much broader

19 study than you had indicated.

20 "QUESTION: And was asbestos one of the

21 minerals that was looked for?

22 "ANSWER: We looked for fibers. We were

Page 603

1 interested in morphology. We were interested in

2 knowing what talc -- what our talc, the basic

3 morphology of the talc deposit. If we found fibers,

4 when you are looking in an electron microscope, you

5 see what you see.

6 "QUESTION: My question was: Was

7 asbestos one of the minerals that was looked for in

8 the talc?

9 "ANSWER: Yes, it was one of the

10 minerals.

11 "QUESTION: How many other studies did

12 your department initiate of its own the way you

13 describe this report, this study, as being initiated

14 on its own during the time that you've been

15 associated with the department?

16 "ANSWER: To my knowledge, none.

17 "QUESTION: This is the only one?

18 "ANSWER: That is correct."

19 Do you see that?

20 A. Yes.

21 Q. Did I read that correctly?

22 A. Yes.

Page 604

1 Q. Okay. So, have you found any other

2 evidence of any other studies of the mine conducted

3 by or on behalf of Engelhard or BASF in preparing for

4 today's deposition?

5 MR. FARRELL: Objection to form,

6 foundation, vague.

7 THE WITNESS: I'm sorry. Could you ask

8 that again, sir?

9 BY MR. PLACITELLA:

10 Q. Other than the study that Dr. Hemstock is

11 talking about where he and Mr. Gale went to the mine

12 to determine what was in it -- are you with me?

13 A. Yes. This was a geologic survey

14 generally, yes.

15 Q. Okay. Have you found any other studies

16 or were you provided any other studies that were

17 conducted by Engelhard or BASF or on their behalf

18 related to whether there was asbestos in the mine

19 itself?

20 MR. FARRELL: Objection to form,

21 foundation, vague as to "studies."

22 THE WITNESS: Well, we've talked about

Page 605

1 and produced dozens of studies that had to do with

2 analysis of EMTAL products for potential presence of

3 asbestos.

4 There were studies conducted by NIOSH in

5 the 1970s in that mine that were published, both of

6 which showed no presence of asbestos. There may be

7 other studies that we produced. I -- I can't think

8 of them off the top of my head, but, yes, many

9 studies have been produced. We have given you many

10 documents that relate to the analysis of samples.

11 BY MR. PLACITELLA:

12 Q. Well, it is very important for me to know

13 and understand, pursuant to the Court's order, what

14 studies conducted by Engelhard of the Johnson mine,

15 what was in the Johnson mine -- not the finished

16 product, in the mine -- have you brought with you

17 today.

18 MR. FARRELL: Objection to form,

19 foundation.

20 BY MR. PLACITELLA:

21 Q. What studies?

22 MR. FARRELL: Objection to form,

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19 (Pages 606 to 609)

Page 606

1 foundation, asked and answered, vague.

2 THE WITNESS: Again, I would say some of

3 the published studies that NIOSH performed that

4 showed the presence of no asbestos, included rock

5 samples as well as airborne sampling, I believe. We

6 have some -- we have recovered some rock samples that

7 were obtained at the time and have been produced.

8 BY MR. PLACITELLA:

9 Q. With all due respect, I'm not asking you

10 about NIOSH or what you've done recently. I'm asking

11 you: Have you located any studies conducted by

12 Engelhard of the Johnson mine other than the study

13 that's referenced by Dr. Hemstock in his deposition?

14 MR. FARRELL: Objection to form,

15 foundation, harassing the witness, asked and

16 answered, vague as to "study."

17 Go ahead, Mr. Steinmetz.

18 THE WITNESS: Yes. We've presented

19 dozens of documents that show analysis of samples

20 from the -- that were taken from the Johnson mine.

21 BY MR. PLACITELLA:

22 Q. Can you show me them, sir? Because I

Page 607

1 haven't seen them.

2 A. I can just --

3 Q. Other than -- other than the study that

4 was conducted by Dr. Hemstock and Dr. Gale.

5 A. There was -- I can just go through the

6 book of exhibits here. There was a study of -- dated

7 September 6, 1977. This was a TSR from Zimmermann to

8 Marchetti concerning --

9 Q. What tab are you looking at?

10 A. -- samples for tremolite.

11 Q. What -- what tab are you looking at?

12 A. Beg your pardon?

13 Q. What tab are you looking at?

14 A. This is -- I just chose one at random.

15 This is Tab 6 of the --

16 Q. Of Exhibit 15?

17 A. Yes.

18 Q. This is of -- this is of the EMTAL mine?

19 These are samples from the EMTAL mine?

20 A. These are -- these are samples --

21 MR. FARRELL: Objection to form,

22 foundation.

Page 608

1 Go ahead.

2 THE WITNESS: These are EMTAL samples

3 that were produced at the EMTAL mine. If you go to

4 Tab 7 --

5 BY MR. PLACITELLA:

6 Q. Excuse me. I want to make sure we are

7 clear.

8 You are saying that these are testing

9 results of samples of the mine itself, not the

10 finished product.

11 MR. FARRELL: Objection to --

12 BY MR. PLACITELLA:

13 Q. That's what you're saying.

14 MR. FARRELL: Objection to form,

15 foundation.

16 BY MR. PLACITELLA:

17 Q. Do you understand the distinction, sir?

18 MR. FARRELL: One moment.

19 Which tab are you on, Mr. Steinmetz?

20 THE WITNESS: I'm on, I guess, going

21 back, I'm on Tab 6 still, because --

22 MR. PLACITELLA: Let me -- let me back

Page 609

1 up.

2 MR. FARRELL: I just want to be sure I'm

3 in the same spot. Tab 6 of the Hemstock --

4 THE WITNESS: Yes --

5 MR. FARRELL: -- binder?

6 THE WITNESS: -- of P-19. So, the

7 Hemstock binder.

8 BY MR. PLACITELLA:

9 Q. Let's be clear on what we're doing here.

10 A. Okay.

11 Q. You understand there were samples taken

12 of the product itself after manufacture. Correct?

13 A. Yes.

14 Q. There were also samples done of the

15 actual ore talc from the mine. Correct?

16 A. I'm not sure what you mean by that

17 question.

18 Q. Where the people went into the mine, took

19 the rock and sampled to see if there was asbestos

20 before it was processed. You understand that that

21 happened. Correct?

22 A. I don't understand what you mean by "I

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20 (Pages 610 to 613)

Page 610

1 understand that that happened." When -- what

2 timeframe are we talking about? I'm sorry.

3 Q. During the time that Engelhard owned the

4 mine, is it your understanding -- do you understand

5 that they did sampling of the finished product --

6 MR. FARRELL: Objection to form.

7 BY MR. PLACITELLA:

8 Q. -- to determine if there was asbestos?

9 A. Yes, there was sampling done. And there

10 was analysis done of finished product samples.

11 Q. There were also air samples done.

12 Correct?

13 A. That's correct.

14 Q. And there were also samples done of the

15 ore that was coming out of the mine. Correct?

16 A. I don't know. Again, I have to tell you,

17 I didn't read each one of these documents for the

18 details of what was actually being analyzed. I

19 looked at the documents in their totality to see

20 where they came from, what their source was, and

21 whether they were here.

22 So, I'd have to read through every

Page 611

1 document to look at whether they were looking at rock

2 samples or airborne particulate samples or product

3 samples.

4 Q. Well, that's the problem I'm having.

5 Okay?

6 Do you see where Dr. Hemstock said this

7 is the only study that he was aware of that was

8 originated by Engelhard of studying the ore itself in

9 the mine. You got that?

10 MR. FARRELL: Objection.

11 BY MR. PLACITELLA:

12 Q. You want to go back and look at it?

13 MR. FARRELL: Objection to form,

14 argumentative.

15 THE WITNESS: That's what he said, but he

16 also seemed to indicate that he wasn't sure what

17 was -- what was in existence. It's the ones he

18 knew -- that's what he knew of.

19 BY MR. PLACITELLA:

20 Q. He doesn't say that anywhere, does he?

21 He says he's not sure whether there was a final

22 report generated.

Page 612

1 A. I'm sorry. I'd have to -- what page are

2 we looking at?

3 Q. 119 to 121.

4 A. Well, yes. He doesn't say there weren't

5 any other studies where they might have looked at

6 rock samples. What he says was there were no other

7 such studies that his department did. And those

8 studies, he made clear was, it was a broad study that

9 was intended to look at the general geology of the

10 deposit, looking at mineral constituents.

11 So, you know, he was talking in the

12 context of what that study was. I don't know whether

13 he was -- how generalized he was perceiving that

14 question to be.

15 Q. He says, on page 121, he's asked, "My

16 question was: Was asbestos one of the minerals that

17 was looked for in the talc?

18 "Yes. It was one of the minerals.

19 "How many other such studies did your

20 department initiate on its own the way you described

21 this report -- this study as being initiated on its

22 own during the time that you've been associated with

Page 613

1 that department?

2 "To my knowledge, none.

3 "This is the only one?

4 "That's correct."

5 Do you see that.

6 A. I see it, but the way I read this is it's

7 a one-of-a-kind study where they went to -- actually

8 went to the mine. He went to the mine with somebody

9 else.

10 Q. Mr. Gale.

11 A. With Mr. Gale. They looked at the

12 general geology. They looked for mineralogy. They

13 looked for fibers. I mean, this was a pretty

14 expansive study, and he makes it clear that it was

15 very expansive and one of a kind, that it wasn't

16 just -- it wasn't just a study of asbestos. It was a

17 general big, expansive study.

18 So, he said this is the only one that

19 they did, and I -- that steams like it would be a

20 one-of-a-kind study.

21 Q. And my question simply was this: Did you

22 bring with you -- have you seen results of any other

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21 (Pages 614 to 617)

Page 614

1 studies of the mine, not the end product, that was

2 initiated by Engelhard?

3 MR. FARRELL: Objection to form,

4 foundation, asked and answered.

5 THE WITNESS: And if you mean other

6 studies of the mine that are like this, where they

7 looked at -- where they went to the mine, did

8 geology, did mineralogy, looked for fibers and it was

9 very expansive in scope, no. I wouldn't think that

10 people would do that regularly. I haven't seen

11 another one.

12 BY MR. PLACITELLA:

13 Q. Okay. So, we're finally on the sane

14 page.

15 Do you see anywhere in Dr. Hemstock's

16 testimony that this study was initiated by the legal

17 department in any way?

18 MR. FARRELL: Objection to form,

19 foundation, beyond the scope of the notice.

20 THE WITNESS: From the pages we've read,

21 I don't see that. I'd have -- I don't recall that

22 that was the case.

Page 615

1 BY MR. PLACITELLA:

2 Q. Well, he said the purpose of the study

3 was it originated with him and his department.

4 Correct? Not the legal department. Correct?

5 MR. FARRELL: Objection to form,

6 foundation, beyond the scope of the notice.

7 THE WITNESS: That's what -- that's what

8 the transcript says.

9 BY MR. PLACITELLA:

10 Q. Okay. Now, you're aware that, according

11 to Dr. Triglia, in his deposition, he said that he

12 actually took over this study from Mr. Gale when

13 Mr. Gale left the employ of Engelhard. Do you recall

14 that?

15 A. Again, I didn't prepare in that much

16 detail for this kind of questioning, but I'd have to

17 look at it. I believe you. I just don't recall it.

18 Q. If you go to Mr. Triglia's transcript,

19 where he starts on the bottom of page 55, do you see

20 that? He talks about embarking on a testing program?

21 A. Yes.

22 Q. And then he's asked: "Who are the

Page 616

1 employees within Engelhard who were involved in that

2 testing program?"

3 And the objection: "There is no

4 timeframe. Are we talking about '79 again?

5 "Yes.

6 "QUESTION: Do you have any confusion as

7 to the time period I'm discussing?

8 "No, I don't. There was, of course, our

9 geologist at the time, Peter Gale. He was doing

10 quite a bit of legwork going down to the mine and

11 bringing the samples over to the Georgia Institute,

12 but he left when the investigation was only halfway

13 through.

14 "So, the burden of that fell on me,

15 because I was next in line as far as mineralogic

16 expertise went and knowing where to send the samples

17 and who to contact. I was the one -- I was the one

18 that was, you know, called on to do that."

19 Do you see that?

20 A. Yes.

21 Q. Okay. So, do you recall that, in

22 Mr. Hemstock's deposition, he was -- he discussed the

Page 617

1 results of his investigation, and he produced

2 documents relating to the results of his

3 investigation that happened up in the mine. Do you

4 recall that?

5 MR. FARRELL: Objection to form.

6 THE WITNESS: I'd have to look at it. I

7 don't recall off the top of my head.

8 BY MR. PLACITELLA:

9 Q. Okay. That's fair.

10 Look at page 117.

11 MR. FARRELL: Of what?

12 MR. PLACITELLA: Dr. Hemstock's

13 transcript.

14 MR. FARRELL: We've been going over an

15 hour. I'd like to take a break.

16 MR. PLACITELLA: That's fine.

17 THE VIDEOGRAPHER: The time is now

18 11:08 a.m. We're going off the record.

19 (Recess taken.)

20 THE VIDEOGRAPHER: The time is now

21 11:20 a.m. We are back on the record.

22 BY MR. PLACITELLA:

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22 (Pages 618 to 621)

Page 618

1 Q. So, I have to ask you this, I apologize

2 in advance: During the break, you're not talking

3 about your testimony, are you?

4 A. Absolutely not.

5 Q. You're talking about the nationals and

6 how they are running away with it?

7 A. Sure.

8 Q. So, can we go to 117?

9 A. Yes.

10 Q. Do you see, on the top, it says, "Do

11 you -- do you know that your counsel came over today

12 with a black looseleaf binder that was filled with

13 documents and that this Exhibit 50 is a bundle of

14 copies of all those documents?

15 "ANSWER: Yes.

16 "QUESTION: Are you familiar that series

17 of documents?

18 "ANSWER: I believe this was a record

19 that Mr. Gale kept of some of the raw data that he

20 accumulated."

21 Do you see that?

22 A. Yes.

Page 619

1 Q. Do you understand that that was the raw

2 data that Mr. Gale accumulated from his trips and

3 studies of the mine?

4 MR. FARRELL: Objection to form,

5 foundation, harassing the witness.

6 THE WITNESS: I'm not sure if it was just

7 from the mine. It may have been other things, but I

8 assume that could have been some of it.

9 BY MR. PLACITELLA:

10 Q. And have you been able to produce that

11 entire binder in response to the Court's order?

12 MR. FARRELL: Objection to form, asked

13 and answered.

14 THE WITNESS: We haven't found the entire

15 exhibit, no.

16 BY MR. PLACITELLA:

17 Q. Can we go to page 126?

18 Starting at line 4, it says, "When did

19 you make the visit with Mr. Gale to the EMTAL

20 facility?"

21 And he says, "It was in the 1978-79 time

22 period.

Page 620

1 "Over what period of time did the study

2 take place?"

3 And he asks, "Can you be more specific on

4 the study? You're still referring to the visit that

5 Gale and I made and the subsequent analysis? That

6 was only one of many, many TSR-type activities that

7 went on over a long period of time. I don't think it

8 should be highlighted to the degree that you've

9 indicated."

10 Then he says, "Now, there is a memorandum

11 dated March 20, 1979, from Peter Gale to several

12 people, including yourself. The subject of that

13 memorandum is Talc. Is that the talc study or talc

14 investigation?

15 "ANSWER: Talc investigation.

16 "QUESTION: Do you know what Mr. Gale is

17 referring to as the talc investigation?

18 "No, I don't."

19 Do you see that?

20 A. Yes.

21 Q. Do you have that document so we can see

22 what they were referring to?

Page 621

1 A. The document from March 20, 1979?

2 Q. Yes, sir.

3 A. No.

4 Q. It goes on, if you look on the next page,

5 starting at line 10, it says, "Here's a memorandum

6 dated March 1, 1979, from Mr. Yunko to you, subject

7 'EMTAL talc.' Do you have a recollection of

8 receiving that?

9 "No, I don't.

10 "And so, Mr. Yunko told you, in this

11 memorandum, the issue of properly defining EMTAL talc

12 mineralogy insists on becoming more complicated all

13 of a sudden. Do you have any idea what he's

14 referring to?

15 "No, I don't.

16 "QUESTION" -- and he's reading from the

17 document -- "'I'm deferring any action until we have

18 an opportunity to review Peter's findings and

19 recommendations. We'll have to decide on a strategy

20 at that time.'

21 "Do you have any idea -- any knowledge or

22 recollection of what strategy he's referring to?"

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23 (Pages 622 to 625)

Page 622

1 He says, "No, I don't."

2 Do you see that?

3 A. Yes, I see it.

4 Q. Do you have or have you been able to

5 produce the March 1, 1979, memo from Mr. Yunko

6 discussed here?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: I believe so. I'd have to

9 look real quickly. I'm not sure. I don't think

10 that's one that we had, but I can look real quickly.

11 (Witness perusing the document.)

12 No, we don't have that one.

13 BY MR. PLACITELLA:

14 Q. So, have you been able to find the --

15 Peter Gale's findings and recommendations that are

16 referred to on page 127?

17 MR. FARRELL: Objection to form.

18 Can you read that back, please?

19 (The record was read by the court

20 reporter.).

21 MR. FARRELL: Objection to form and

22 foundation.

Page 623

1 THE WITNESS: Well, we have produced a

2 document from Gale to Triglia April 1979 where he

3 reviews the talc investigation and provides an update

4 with tables.

5 BY MR. PLACITELLA:

6 Q. And is that of the mine or of the

7 production samples? At what tab are you talking

8 about?

9 MR. FARRELL: Objection to form.

10 THE WITNESS: This is part of Tab 50.

11 This is about samples, but I -- I'm not sure that

12 they say they actually did take rock samples.

13 BY MR. PLACITELLA:

14 Q. Are you sure it is Tab 50?

15 A. Part of Tab 50, yes.

16 Q. Oh, I don't have a Tab 50. I have it as

17 withheld, potentially omitted.

18 A. Oh, I'm sorry. I'm talking about the

19 Hemstock exhibit, Tab 50.

20 Q. I'm sorry. My fault.

21 Okay. Am I correct that some of what was

22 in the binder identified in the Hemstock transcript

Page 624

1 as P-50 was discussed in the Triglia deposition?

2 MR. FARRELL: Objection to form.

3 THE WITNESS: Yes, I recall. Yes.

4 BY MR. PLACITELLA:

5 Q. They pulled some of the documents out,

6 and Mr. Triglia was asked questions about them. Do

7 you recall that?

8 MR. FARRELL: Same objection.

9 THE WITNESS: Yes.

10 BY MR. PLACITELLA:

11 Q. So, let's go there.

12 Go to page 58. Let me know when you're

13 ready.

14 A. Yes, I'm ready.

15 Q. Okay. It says, "I show you a one-page

16 memo dated March 14, 1979, to Gale from Lomas.

17 That's also from Exhibit 50. Correct?"

18 When he is saying Exhibit 50, we're

19 talking about Hemstock Exhibit 50, which is the

20 looseleaf binder. Correct?

21 A. Yes.

22 Q. Okay. And it's marked P-15.

Page 625

1 And it says, "Do you know what Exhibit 15

2 is?

3 "ANSWER: Yes, I recognize it.

4 "What is it?

5 "This is a memo from the engineer up at

6 the talc plant, Lomas, Ed Lomas, to Peter Gale,

7 telling him that 38 samples that were requested were

8 picked out and selected, and they were being mailed

9 to him."

10 Do you see that?

11 A. Yes.

12 Q. "Was that prepared by Mr. Lomas in the

13 course of his employment for Engelhard?

14 "I think so.

15 "Was it prepared at or about the date

16 that appears in that memo?"

17 He says, "I think so." Correct?

18 A. Yes.

19 Q. You don't have that exhibit. Correct?

20 MR. FARRELL: Objection to form.

21 THE WITNESS: That's correct. We haven't

22 found all parts of that exhibit, yes.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 24 of 104 PageID:

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24 (Pages 626 to 629)

Page 626

1 BY MR. PLACITELLA:

2 Q. Well, you don't have any part of this

3 exhibit, correct?

4 MR. FARRELL: Same objection.

5 THE WITNESS: Not this one specifically.

6 BY MR. PLACITELLA:

7 Q. Okay. So, we don't know, then, although

8 it says Lomas picked out samples, we don't know where

9 the samples were taken from. Correct?

10 MR. FARRELL: Objection to form and

11 foundation.

12 THE WITNESS: I don't know.

13 BY MR. PLACITELLA:

14 Q. We don't know whether the memo would have

15 told us that.

16 MR. FARRELL: Same objection. Calls for

17 speculation.

18 THE WITNESS: I don't know.

19 BY MR. PLACITELLA:

20 Q. We don't know what kind of rock he

21 selected the samples from. Correct?

22 MR. FARRELL: Same objections.

Page 627

1 THE WITNESS: I don't know.

2 BY MR. PLACITELLA:

3 Q. We don't know what part of the ore body

4 the samples were taken from. Correct?

5 MR. FARRELL: Same objections.

6 THE WITNESS: I don't know if that

7 information ever existed, but I don't know.

8 BY MR. PLACITELLA:

9 Q. And if it was in this document, we just

10 don't know?

11 MR. FARRELL: Objection to form,

12 foundation, assumes facts, calls for speculation.

13 BY MR. PLACITELLA:

14 Q. Correct?

15 A. I don't know.

16 Q. Okay. The next document on the next

17 page, he continues to talk about -- and we know that

18 we are now talking about the study of the mine that

19 was done by Mr. Hemstock and Mr. Gale. Correct?

20 We're on the same page?

21 A. I believe so. I think they are

22 continuing to talk about that.

Page 628

1 Q. Then he says, on the next page, "I show

2 you now a memoranda dated March 20, 1979, from Gale

3 to a list of individuals. This is from Exhibit 50

4 from the prior deposition."

5 You understand that to be the Hemstock

6 deposition. Correct?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: Yes.

9 BY MR. PLACITELLA:

10 Q. Okay. And it's described as "a

11 memorandum from Peter Gale to several individuals

12 dated 3-20-79 we received and marked as P-16 for

13 identification."

14 And he's asked, "Do you know what P-16

15 is?

16 "Yes.

17 "What is that?

18 "ANSWER: This is a memo written by Peter

19 Gale, and he's reporting on the trip that he and

20 Dr. Hemstock undertook up to the Vermont mine to

21 examine the EMTAL operation."

22 Correct?

Page 629

1 A. Yes.

2 Q. You don't have that exhibit either.

3 Correct?

4 MR. FARRELL: Objection to form,

5 foundation, asked and answered over the course of

6 five hours on day two of the deposition.

7 MR. PLACITELLA: Thank you for you

8 testimony.

9 THE WITNESS: We haven't found it yet.

10 BY MR. PLACITELLA:

11 Q. Okay. And we don't know what was

12 contained in that report, do we?

13 MR. FARRELL: Objection to form,

14 foundation.

15 THE WITNESS: Well, again, we do know the

16 types of information that came from that work because

17 Gale, as I mentioned before, Gale did produce talc

18 investigation summaries. So, that gives us some

19 information on -- on what Gale had found.

20 BY MR. PLACITELLA:

21 Q. But we don't know what was in that report

22 in terms of results that he found. Correct?

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 25 of 104 PageID:

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25 (Pages 630 to 633)

Page 630

1 MR. FARRELL: Objection to form,

2 foundation, calls for speculation.

3 THE WITNESS: We only know what we know

4 from the Gale talc investigation summary that we

5 produced.

6 BY MR. PLACITELLA:

7 Q. The Gale talc investigation summary

8 doesn't tell -- well, I want to get to that in a

9 little bit.

10 But I'm just talking about this

11 particular document. We don't know what results were

12 contained in that document, if any. Correct?

13 MR. FARRELL: Objection to form,

14 foundation, asked and answered.

15 THE WITNESS: We haven't found the

16 document yet.

17 BY MR. PLACITELLA:

18 Q. Okay. We don't know where the samples

19 were taken from based upon that document. Correct?

20 MR. FARRELL: Objection to form and

21 foundation.

22 THE WITNESS: We haven't found the

Page 631

1 document.

2 BY MR. PLACITELLA:

3 Q. We don't know what percentage of the

4 samples that were tested were found to have asbestos

5 versus not -- not having asbestos. Correct?

6 MR. FARRELL: Objection to form,

7 foundation, beyond the scope of the notice.

8 THE WITNESS: I don't know. We haven't

9 found it, and we don't even know if they were looking

10 for asbestos.

11 BY MR. PLACITELLA:

12 Q. You don't know if they found asbestos.

13 Correct?

14 MR. FARRELL: Same objection. Beyond the

15 scope.

16 THE WITNESS: I don't know.

17 BY MR. PLACITELLA:

18 Q. Can we -- it goes on -- go to the next

19 page, 60, starting line 9.

20 "Now I'd like to show you a memorandum

21 that's dated March 16, 1979, to Mr. Hemstock from

22 Mr. Lomas."

Page 632

1 And this also came from Exhibit 50 of the

2 Hemstock transcript. Correct?

3 A. Yes.

4 Q. Okay. And he describes it. The

5 questioner says, "What I have bundled together is a

6 memo dated March 16th, together with three pages of

7 maps that are referenced in the memo -- in the

8 memorandum that's P-16."

9 Do you see that?

10 A. Yes.

11 Q. And he's asked, "What is P-16,

12 Mr. Triglia?"

13 And he answers, "All right. This is

14 another memo from Lomas to Dr. Hemstock, this time

15 listing the samples from the areas that already had

16 been preselected, and they were marked according to

17 the type of basic rock that was there.

18 "There were four basic types of rock that

19 he noted. 'The T purifies -- signifies pure talc,

20 and G signifies grit or talc carbonate ore, and the B

21 signifies black chloritic schist, and S signifies

22 serpentine.'"

Page 633

1 Do you see that?

2 A. Yes.

3 Q. Okay. Now, if we had that memo,

4 presumably, we could tell from the maps exactly where

5 each sample was taken from; correct, according to

6 this description?

7 MR. FARRELL: Objection to form,

8 foundation, calls for speculation, beyond the scope

9 of the notice.

10 THE WITNESS: I -- I don't know.

11 BY MR. PLACITELLA:

12 Q. That memo might tell us whether the

13 samples were taken from the main ore body where the

14 product was mined for production. Correct?

15 MR. FARRELL: Objection to form,

16 foundation, calls for speculation. Asked and

17 answered.

18 THE WITNESS: I -- I haven't seen it, so

19 I don't know what was in it.

20 BY MR. PLACITELLA:

21 Q. The memo might tell us what was found in

22 each basic rock type. Correct?

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 26 of 104 PageID:

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26 (Pages 634 to 637)

Page 634

1 MR. FARRELL: Same objections.

2 THE WITNESS: I don't know.

3 BY MR. PLACITELLA:

4 Q. Okay. If we had this memo, I could have

5 asked Dr. Hemstock, when I took his deposition, to

6 explain it to me. Correct?

7 MR. FARRELL: Same objections, calls for

8 speculation.

9 THE WITNESS: You could ask him whatever

10 you wanted, yes.

11 BY MR. PLACITELLA:

12 Q. And because I didn't have that memo, I

13 was precluded from asking him questions about where

14 the samples were taken from, exactly what kind of

15 rock was tested, and where it was tested from.

16 Correct?

17 MR. FARRELL: Objection to form,

18 foundation, beyond the scope of the notice, calls for

19 speculation.

20 THE WITNESS: I don't know what you can

21 ask in a deposition or what you can't ask.

22 BY MR. PLACITELLA:

Page 635

1 Q. He talks about S signifies serpentine.

2 Do you see that?

3 A. Yes.

4 Q. Did you know that serpentine was a

5 precursor for chrysotile asbestos?

6 MR. FARRELL: Objection to form,

7 foundation, beyond the scope of the notice.

8 THE WITNESS: I'm really not prepared to

9 talk about the specifics of asbestos and the

10 technical aspects of it.

11 BY MR. PLACITELLA:

12 Q. But if I had the map, at least according

13 to this description, I would be able to tell where

14 the serpentine was that was tested in the mine.

15 Correct?

16 MR. FARRELL: Same objections. Harassing

17 the witness.

18 THE WITNESS: I don't know what you could

19 tell based on this.

20 BY MR. PLACITELLA:

21 Q. Go down to line 14. Do you see where it

22 says, "Mr. Triglia, I'm going to show you a five-page

Page 636

1 set of handwritten notes on graph paper. It's

2 entitled Engelhard Minerals and Chemicals

3 Calculation. There is a name at the top of Mark

4 Palenik."

5 Do you see that?

6 A. Yes.

7 Q. And it says, "This is also from

8 Exhibit 50." Correct?

9 A. Yes.

10 Q. Okay. We don't have that document

11 either. Correct?

12 MR. FARRELL: Objection to form.

13 THE WITNESS: We haven't found that

14 document yet.

15 BY MR. PLACITELLA:

16 Q. Okay. Let's go now to where he talks

17 about Exhibit 18. We are still all talking about

18 this test study that was done up at the mine. Are

19 you with me?

20 MR. FARRELL: Objection to form and

21 foundation.

22 THE WITNESS: I'm not sure it's clear

Page 637

1 from this that they are still talking about that, but

2 they have been talking about that.

3 BY MR. PLACITELLA:

4 Q. Okay. Let's go to line 14 of page 63.

5 It says, "I have here a multi-page

6 collection of handwritten notes on graph paper. The

7 graph paper has a handling -- heading, rather, of

8 'Engelhard Minerals and Chemicals Calculation.'"

9 And he marks that as Exhibit 19. Do you

10 see that?

11 A. Yes.

12 Q. Okay. And he says, "I'd like to have

13 you, Mr. Triglia, look through that and tell me

14 whether you recognize what they are."

15 He looks at it, and then on the next page

16 it says, "Mr. Triglia, have you had an opportunity to

17 review Plaintiff's 19 in this case?

18 "Yes, I've looked at it.

19 "Do you know what it is?

20 "It's just some doodling by Peter Gale to

21 calculate, you know, what he found, I think in the

22 test, and try to make some sense of it."

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27 (Pages 638 to 641)

Page 638

1 Do you see that?

2 A. Yes, I see it.

3 Q. "Do you recognize the handwriting on the

4 pages in the document as being Peter Gale's

5 handwriting?

6 "ANSWER: I'm pretty sure it is.

7 "QUESTION: Are those laboratory notes?

8 "ANSWER: I think these were

9 preparations. This was preparatory to making the

10 notations in the notebook."

11 Do you see that?

12 A. Yes.

13 Q. Okay. And you don't have that document.

14 Right?

15 MR. FARRELL: Objection to form,

16 foundation.

17 THE WITNESS: I'm sorry. The document

18 discussed here, which is part of --

19 BY MR. PLACITELLA:

20 Q. -- Mr. Gale's calculations.

21 A. No, we have not found that.

22 MR. FARRELL: Objection to form and

Page 639

1 foundation.

2 BY MR. PLACITELLA:

3 Q. You don't know what the calculation

4 showed, then. Correct?

5 MR. FARRELL: Objection to form,

6 foundation, beyond the scope of the notice.

7 THE WITNESS: We haven't found that.

8 BY MR. PLACITELLA:

9 Q. You don't know whether the calculation

10 showed that they found asbestos when they went up

11 there. Correct?

12 MR. FARRELL: Same objections.

13 THE WITNESS: We haven't found it.

14 Again, we have a lot of data from that study, but we

15 haven't found that document.

16 BY MR. PLACITELLA:

17 Q. You don't know whether the calculations

18 told us where the samples came from. Correct?

19 MR. FARRELL: Objection to form,

20 foundation, calls for speculation.

21 THE WITNESS: I'm not sure that was in

22 the document originally, so, I don't know.

Page 640

1 BY MR. PLACITELLA:

2 Q. Where is this notebook that they are

3 referring to here, Mr. Gale's notebook? Do you have

4 that?

5 MR. FARRELL: Objection.

6 BY MR. PLACITELLA:

7 Q. At least we can look there and see what's

8 in his notebook.

9 MR. FARRELL: Objection to form.

10 THE WITNESS: I think we discussed this

11 the last time. In his testimony, he wasn't all that

12 clear as to whether he had a notebook. He said he

13 had been issued one, but then it seemed to be that he

14 was unclear as to whether he had used it.

15 BY MR. PLACITELLA:

16 Q. But Mr. -- we have some more support for

17 that now, don't we? Dr. Hemstock says it would be in

18 his notebook. Right? Where is the notebook?

19 MR. FARRELL: Objection to form,

20 foundation, asked and answered over the course of

21 hours in day two, harassing the witness.

22 THE WITNESS: I don't know whether

Page 641

1 Hemstock would know any better than I would know

2 whether he kept it in the notebook.

3 BY MR. PLACITELLA:

4 Q. So, his boss, who went with him to the

5 mine and did the study, wouldn't know any better than

6 you as to whether he kept a notebook of his findings?

7 Is that what you're telling this jury under oath?

8 MR. FARRELL: Objection to form,

9 foundation, argumentative.

10 THE WITNESS: That's what I feel.

11 MR. FARRELL: Do you have something new

12 to cover, Mr. Placitella?

13 MR. PLACITELLA: I'm covering lots of new

14 stuff, Mr. Farrell.

15 MR. FARRELL: This is all material that

16 was covered at length here during day two --

17 MR. PLACITELLA: All I did on day two was

18 catalog what was missing.

19 MR. FARRELL: Excuse me. I'm speaking.

20 You went to the Court and demanded a

21 third day of this deposition on the argument that you

22 get to cover talc samples. We have yet to cover the

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 28 of 104 PageID:

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28 (Pages 642 to 645)

Page 642

1 talc samples.

2 And you said you wanted to ask about

3 documents in P-5. We came in prepared to talk about

4 P-5. You set those pages aside, and you haven't

5 asked a single question about them. Instead, we're

6 here reviewing exhibits from the Triglia and Hemstock

7 depositions which you covered over the course of five

8 hours in day two of the deposition of what had been

9 located and hasn't been located.

10 We are basically redoing day two at this

11 point, and beyond that, you've asked questions that

12 are clearly beyond the scope of the notice, including

13 about letters from Cahill Gordon in the 1980s, other

14 plaintiffs in other cases, which is both irrelevant

15 here and beyond the scope of the notice.

16 Are you going to get to something new

17 that you told the Court justified a third day of this

18 deposition?

19 MR. PLACITELLA: Are you done now?

20 MR. FARRELL: Can you answer my question?

21 MR. PLACITELLA: I'm not answering any of

22 your questions today, sir. Are you done now?

Page 643

1 The Court will review the transcript and

2 make its own judgment.

3 Are you done now?

4 MR. FARRELL: Can you answer my question?

5 MR. PLACITELLA: I'm not going to answer

6 any questions you put to me, sir.

7 Are you done now so I can proceed with

8 the deposition?

9 MR. FARRELL: Do you have a new question

10 for the witness?

11 MR. PLACITELLA: Thank you. I appreciate

12 you allowing me to ask my questions. Thank you.

13 MR. FARRELL: I haven't stopped you from

14 asking a single question, Mr. Placitella. I'm just

15 wondering whether we are actually going to get to

16 something new like you told the Court.

17 BY MR. PLACITELLA:

18 Q. Okay. Just to be clear, before I move

19 on, you don't have a notebook from Mr. Gale

20 referenced by Mr. Hemstock in his deposition.

21 Correct?

22 MR. FARRELL: Objection. Asked and

Page 644

1 answered multiple times, harassing the witness.

2 BY MR. PLACITELLA:

3 Q. Can you answer, please?

4 A. Based on Gale's testimony, I don't know

5 if there ever was a notebook.

6 Q. You don't have the notebook referenced by

7 Dr. Hemstock of Mr. Gale, do you?

8 A. We haven't found one, and based on Gale's

9 testimony, I don't know if there ever was one.

10 MR. FARRELL: Objection to form, asked

11 and answered.

12 BY MR. PLACITELLA:

13 Q. Okay. Now, can you look at your -- in

14 P-15, Tab 32?

15 A. Yes.

16 MR. FARRELL: You said 32?

17 MR. PLACITELLA: Yes, sir.

18 BY MR. PLACITELLA:

19 Q. It is the September 19, 1979, memo from

20 GTEES, that's Georgia Institute of Technology, to

21 Mr. Triglia.

22 Do you see that?

Page 645

1 A. Yes.

2 Q. It says -- and it says, "At long last,

3 here is the data and micrographs of the last three

4 sets of asbestos counts."

5 Do you see that?

6 A. Yes.

7 Q. Have you found the first three sets of

8 asbestos counts?

9 MR. FARRELL: Objection to form,

10 foundation.

11 THE WITNESS: Again, I didn't look at the

12 contents of every document in here with the intent of

13 knowing what was in them, so, I can't say whether we

14 had documents that have the first sets. I don't

15 know.

16 BY MR. PLACITELLA:

17 Q. Can you tell, from looking at this

18 document, where the samples that were analyzed were

19 taken from?

20 MR. FARRELL: Objection to form,

21 foundation.

22 THE WITNESS: From this document?

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29 (Pages 646 to 649)

Page 646

1 BY MR. PLACITELLA:

2 Q. Yes.

3 A. No. Once again, I don't know all the

4 documents. I didn't prepare that way. So, there may

5 be other documents that can clarify that.

6 Q. Fair enough.

7 Do you know whether this report refers to

8 samples tested of the mine ore or the production

9 samples?

10 MR. FARRELL: Objection to form and

11 foundation.

12 THE WITNESS: So, again, we may have

13 other documents that would put this in the context.

14 I don't know. I haven't prepared them that way, so I

15 just can't answer.

16 BY MR. PLACITELLA:

17 Q. If, in fact, any of the samples

18 referenced in this document came from the mine versus

19 a production sample, is there any way to tell from

20 this document where in the mine the samples came

21 from?

22 MR. FARRELL: Objection to form and

Page 647

1 foundation.

2 THE WITNESS: I guess I would have the

3 same answer. I don't know if there are other

4 documents that put this into context.

5 BY MR. PLACITELLA:

6 Q. But as you sit here today, do you -- do

7 you know whether there is a key or a map or something

8 to tell us where these samples came from if they, in

9 fact, came from the mine?

10 MR. FARRELL: Same objections. Beyond

11 the scope.

12 THE WITNESS: I don't know.

13 BY MR. PLACITELLA:

14 Q. And then, lastly, it talks about

15 returning the micrographs. Do you have those?

16 MR. FARRELL: Objection to form.

17 THE WITNESS: I don't know if we found

18 these micrographs. I don't think we have.

19 BY MR. PLACITELLA:

20 Q. Okay. Now, can you go to your -- to

21 Tab 28? Do you have that, see that? That's a

22 document entitled "Talc Meeting 5-17-79," in your

Page 648

1 P-15.

2 A. Yes.

3 Q. Correct?

4 A. Yes.

5 Q. And can you turn over to the next page,

6 please?

7 Do you see at the very top where it says,

8 "Asbestos fiber is present"?

9 A. Yes, I see that.

10 Q. Okay. Do you know where the report or

11 conclusions are or data that would lead to that

12 conclusion, asbestos fiber is present?

13 MR. FARRELL: Objection to form,

14 foundation, beyond the scope of the notice.

15 THE WITNESS: I -- I don't know what that

16 first bullet means. I -- it says asbestos fiber is

17 present. I don't know what it meant at the time, I

18 don't know what it means now, and I really can't

19 answer that.

20 BY MR. PLACITELLA:

21 Q. Okay. Can we go to your Tab 21? Do you

22 see that?

Page 649

1 A. Yes.

2 Q. This is a March 23, 1979, memo from

3 Triglia to Hemstock. Correct?

4 A. Yes.

5 Q. And it's entitled "Talc Investigation."

6 Do you see that?

7 A. Yes.

8 Q. It says, "38 rock samples were taken from

9 ten working areas at the Johnson mine. The samples

10 were received on Friday, March 16th, and are now

11 being processed, i.e., crushed, dried, pulverized and

12 split down to a manageable size.

13 "The processed samples will be shipped to

14 Georgia Tech for qualitative transmission electron

15 identification and confirmation of contaminant

16 materials by selected area diffraction analysis."

17 Did I read that correctly?

18 A. Yes.

19 Q. "This work will be given a second order

20 of priority. It is expected the electron diffraction

21 work will be completed in ten days to two weeks after

22 receipt of the samples, and results will be phoned to

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 30 of 104 PageID:

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30 (Pages 650 to 653)

Page 650

1 us on or about April 10th."

2 Do you see that?

3 A. Yes.

4 Q. Where are the results of those samples

5 that were arrived at on or about April 10th --

6 MR. FARRELL: Objection to form and

7 foundation.

8 BY MR. PLACITELLA:

9 Q. -- of the rock samples?

10 A. I'm sorry. Can I read this again?

11 Q. Yes, sir.

12 (Witness reading over the document.)

13 A. I'd have to look and see. I know we got

14 a lot of information. Again, I didn't prepare for

15 this deposition by memorizing all the contents of the

16 various documents. We got a lot of information from

17 Georgia Tech.

18 Actually, this doesn't say they are

19 looking at rock samples. It says that the materials

20 were crushed and turned into -- made into samples.

21 So, I don't know that they were actually looking at

22 rock samples.

Page 651

1 Q. Do you see the first three words that

2 says "38 rock samples"?

3 A. Yes. And then they say, "They are now

4 being processed, i.e., crushed, dried, pulverized and

5 split down to manageable size."

6 Q. They are taking the rocks and they're

7 pulverizing them. Isn't that what they're doing?

8 And then they're doing a test with an electron

9 microscope to see if there is something in there.

10 MR. FARRELL: Objection to form and

11 foundation.

12 THE WITNESS: So, I would think that that

13 may be the results that we got back from Georgia

14 Tech. I would have to look and see how the dates

15 line up. But I haven't memorized it in any way.

16 BY MR. PLACITELLA:

17 Q. I understand that. I'm just trying to

18 figure out where the documents are, and that's why

19 I'm asking these questions. I am not trying to --

20 all right?

21 As you sit here today, have you produced

22 the test results from the 38 rock samples that were

Page 652

1 done at Georgia Tech?

2 MR. FARRELL: Objection to form,

3 foundation, beyond the scope of the notice.

4 THE WITNESS: I don't know. As I said,

5 we produced results from Georgia Tech, and I presume

6 that those would be the same ones.

7 BY MR. PLACITELLA:

8 Q. Can you look at that over lunch break and

9 see if they are the same ones?

10 A. If I have time, I will.

11 Q. Then, on the next page --

12 MR. FARRELL: Are you asking me to talk

13 to him about that?

14 MR. PLACITELLA: No. I'm just asking him

15 to look himself, unless you -- the only way he can

16 know it from you, and you can tell him.

17 MR. FARRELL: I'm just trying to clarify

18 what your question is.

19 MR. PLACITELLA: I was asking if he could

20 look and tell me. I didn't ask him to talk to you

21 about it.

22 BY MR. PLACITELLA:

Page 653

1 Q. Can you go to the next page, please, on

2 No. 5. It says, "Next in order of priority is the

3 mineralogic characterization of the 38 rock samples

4 taken at the mine. This will involve x-ray analysis

5 from mineral identification in thin section

6 preparation by D.M. Organist Delaware from

7 microscopic analysis to determine contaminant or

8 trace minerals."

9 Do you see that?

10 A. Yes.

11 Q. Have you -- have you produced those

12 results here today?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: We haven't produced them,

16 and I don't know if it was ever done. It just says

17 it was in priority to be done. I don't know that it

18 was ever done.

19 BY MR. PLACITELLA:

20 Q. How would we find that out?

21 A. We haven't found it, so I don't know that

22 they exist.

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Page 654

1 Q. Well, the only way we'd know is if you

2 had all the documents. Right?

3 MR. FARRELL: Objection to form,

4 foundation, and calls for speculation.

5 THE WITNESS: I don't know if we would

6 ever know if we had all the documents. I don't know.

7 BY MR. PLACITELLA:

8 Q. It says it's going to be done, sir. Do

9 you -- have you seen anything that would raise a

10 question in your mind that it was not done?

11 MR. FARRELL: Objection to form,

12 foundation.

13 THE WITNESS: I haven't seen anything

14 that makes me think it was done, so I don't know.

15 BY MR. PLACITELLA:

16 Q. Except that it was already put in the

17 business record that it was going to be done.

18 Correct?

19 MR. FARRELL: Objection to form,

20 foundation.

21 THE WITNESS: That's done often.

22 BY MR. PLACITELLA:

Page 655

1 Q. Okay. Have you identified, in producing

2 documents for today's deposition, any records

3 indicating what parts of the mine were studied

4 specifically by Dr. Hemstock and Dr. Gale during the

5 1978 and 1979 visit?

6 MR. FARRELL: Objection to form,

7 foundation.

8 THE WITNESS: I -- I don't remember. I

9 don't know.

10 BY MR. PLACITELLA:

11 Q. Do you have any records as to whether

12 they studied the main ore body or some other area of

13 the mine when they took the samples?

14 MR. FARRELL: Same objections.

15 THE WITNESS: I don't know.

16 BY MR. PLACITELLA:

17 Q. Do you have any records indicating what

18 rock type they looked at?

19 MR. FARRELL: Same objections.

20 THE WITNESS: I'm not sure what you mean

21 by rock type, but I don't know that we have that type

22 of information.

Page 656

1 BY MR. PLACITELLA:

2 Q. Have you seen any records concerning the

3 conclusions that were reached as a result of their

4 study?

5 MR. FARRELL: Objection to form,

6 foundation, asked and answered.

7 THE WITNESS: From that specific study, I

8 don't know that we have their specific conclusions,

9 but we do have information that was prepared by Gale

10 that summarized the talc investigation. We've

11 produced several documents that relate to the

12 conclusions of the talc studies.

13 BY MR. PLACITELLA:

14 Q. If you have conclusions -- documents that

15 would have conclusions about what was found, would

16 that be significant?

17 MR. FARRELL: Objection to form,

18 foundation, calls for speculation.

19 THE WITNESS: I'm just not sure what you

20 mean by the question.

21 BY MR. PLACITELLA:

22 Q. If there were -- if there were documents

Page 657

1 with conclusions about exactly what was found, where

2 the testing happened, how much was asbestos, how much

3 wasn't, would that be important?

4 MR. FARRELL: Objection to form,

5 foundation, calls for speculation, beyond the scope

6 of the notice, vague as to important as to what.

7 THE WITNESS: I don't know. It depends

8 on what the report said.

9 BY MR. PLACITELLA:

10 Q. Okay. Let me -- I don't -- I want to do

11 this one at a time with the samples. I have one

12 follow-up question for the last time, and then I want

13 to go through each of these samples, if that works

14 for you. Okay?

15 A. Yes.

16 Q. We identified -- and I'm not sure what

17 exhibit number it is, maybe you could grab it -- the

18 test that was done by RJ Lee from 1993. Do you know

19 what I'm talking about?

20 A. Yes.

21 Q. Okay. What proof do you have that that

22 sample that was tested by RJ Lee actually came from a

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32 (Pages 658 to 661)

Page 658

1 bag of EMTAL talc?

2 MR. FARRELL: Objection to form.

3 THE WITNESS: As part of a chain of

4 custody, we have a letter from Cahill to RJ Lee

5 stating where the samples originated, how they were

6 put in the bags.

7 BY MR. PLACITELLA:

8 Q. Well, I didn't -- I understand you said

9 that, but how do we know the sample that Cahill had

10 actually came from a bag of EMTAL talc?

11 MR. FARRELL: Objection to form.

12 BY MR. PLACITELLA:

13 Q. I didn't see anything that told us that.

14 MR. FARRELL: Objection to form,

15 foundation.

16 THE WITNESS: I would have to look at the

17 letter, but I believe it said it came from an EMTAL

18 bag.

19 BY MR. PLACITELLA:

20 Q. Who took that sample? I didn't see

21 where -- where did the bag come from?

22 A. I don't know that.

Page 659

1 Q. I'm trying to understand what proof we

2 have that what was sampled was actually a bag of

3 EMTAL talc versus something else. What's the proof?

4 MR. FARRELL: Objection to form.

5 THE WITNESS: The proof we have is that,

6 when Cahill sent it to RJ Lee, they stated it was

7 from an EMTAL bag.

8 BY MR. PLACITELLA:

9 Q. But how does Cahill prove that? I mean,

10 that's that I am trying to understand. How does

11 it -- what's the proof that it was from an EMTAL bag?

12 MR. FARRELL: Objection to form,

13 foundation.

14 THE WITNESS: I guess I couldn't -- if

15 somebody said -- in one of these depositions,

16 somebody said they pulled a rock from the mine, I

17 couldn't prove that they did other than to believe

18 what they said.

19 BY MR. PLACITELLA:

20 Q. Well, who pulled the talc from the bag?

21 Where did the bag come from? That's what I'm trying

22 to understand.

Page 660

1 MR. FARRELL: Objection to form.

2 THE WITNESS: Well, this happened about

3 15 years ago, but it was sent by a Michael Sullivan

4 at Cahill to RJ Lee.

5 BY MR. PLACITELLA:

6 Q. So, did he pull the talc from the bag?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: I don't know. We may have

9 more information. I don't know the details of how it

10 was pulled. People may know that. I don't know

11 that.

12 BY MR. PLACITELLA:

13 Q. How do I find that out? I'm here to ask

14 you about that today.

15 A. I can ask counsel.

16 Q. Okay. That one, I'll allow you to ask

17 him at lunchtime. How's that?

18 What's the next -- pick any other sample.

19 We're going to go through them all.

20 MR. FARRELL: Do you want me to discuss

21 that with him on the lunch break?

22 MR. PLACITELLA: You can tell him, if you

Page 661

1 know, that specific issue, or you can tell us now.

2 Whatever you what.

3 MR. FARRELL: He's here to answer your

4 questions. Do you have a question?

5 MR. PLACITELLA: That's part of the

6 issue.

7 MR. FARRELL: He's responded to your

8 question. What's your next question?

9 BY MR. PLACITELLA:

10 Q. All right. So, as we sit here today, you

11 don't have any actual proof that the sample that was

12 sent by Michael Sullivan was taken from an EMTAL bag.

13 Correct?

14 MR. FARRELL: Objection to form,

15 foundation, misstates Mr. Steinmetz's testimony.

16 THE WITNESS: From a legal perspective, I

17 don't know what you mean by "actual proof."

18 BY MR. PLACITELLA:

19 Q. Well, you don't know who took the sample

20 out of the bag.

21 A. We have a --

22 MR. FARRELL: Objection. Objection to

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Page 662

1 form, foundation, harassing the witness.

2 THE WITNESS: We have a statement that

3 says that a sample was taken from an EMTAL bag.

4 BY MR. PLACITELLA:

5 Q. But we don't know who took the sample and

6 when. Correct?

7 MR. FARRELL: Same objections, asked and

8 answered.

9 THE WITNESS: With respect to chain of

10 custody, it's not necessary to identify exactly who

11 pulled the sample and -- and the details of how it

12 was transferred. The important part is to identify

13 the sample.

14 BY MR. PLACITELLA:

15 Q. So, it's not important to figure out

16 whether they actually took the sample from a bag of

17 EMTAL talc and what the proof of that is? That's

18 your testimony?

19 MR. FARRELL: Objection to form,

20 argumentative.

21 THE WITNESS: I believe them.

22 BY MR. PLACITELLA:

Page 663

1 Q. You believe who?

2 A. The statement from Cahill that it was

3 taken from EMTAL.

4 Q. And you don't know what Cahill's

5 information is, and you never asked where it came

6 from. Correct?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: Correct.

9 BY MR. PLACITELLA:

10 Q. Okay. Take any other sample in order

11 that's over there, and we'll just identify them and

12 go through them. Pick the next one until we are all

13 done.

14 A. Well, the first sample, the first --

15 MR. FARRELL: I don't want to -- you can

16 do this however you want to do it, but do you want to

17 take five minutes? We have been going for an hour.

18 He can bring the samples over, just walk through

19 them. It may be faster.

20 MR. PLACITELLA: That's fine. That's

21 fine. We can do it that way.

22 THE VIDEOGRAPHER: The time is now

Page 664

1 12:03 p.m. We're going off the record.

2 (Recess taken.)

3 THE VIDEOGRAPHER: The time is now

4 12:13 p.m. We're back on the record.

5 BY MR. PLACITELLA:

6 Q. Before I turn to the samples, you had

7 pointed before to a tab in P-15 that you said had the

8 results of the study that Gale and Hemstock did of

9 the mine. Can you show me what -- tell me what tab

10 that was?

11 A. No. I think it was P-50 of the Hemstock.

12 Q. P-50?

13 A. Yes.

14 Q. Okay. Are you sure it was P-50? I just

15 want to make sure we are on the same -- the P-50 I

16 have as -- I'm not going to spend time on it now.

17 I'll look at it later -- the P-50 I have as a

18 March 23, 1979, memo from Triglia to Hemstock. Is

19 that what you're talking about?

20 A. No. I'm talking about an April 11 --

21 MR. FARRELL: I think there's multiple

22 documents behind that tab.

Page 665

1 THE WITNESS: -- memorandum. It is at

2 the back of the tab. It's an April 11, 1979,

3 memorandum from Gale to Triglia, "Talc Investigation

4 Review and Update." It's at the very back.

5 BY MR. PLACITELLA:

6 Q. Okay. So, we're on the same page.

7 A. I'm not sure if I said it was a summary

8 of the mine study. I said it was a summary of the

9 talc studies that Gale had been working on.

10 Q. Well, I'll --

11 A. An update of the studies.

12 Q. I'll look at it over -- so we don't spend

13 time now.

14 All right. What is the next -- which one

15 do you want to do first?

16 A. So, the first one in front of me is a

17 pair of samples that came from what used to be

18 McCrone, it's now McCrone Institute, being handled

19 through a derivative of that company, Microtrace.

20 Q. Okay.

21 A. And these are two samples that were

22 originally submitted to McCrone in 1973 as part of

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Page 666

1 McCrone Project MA 3360.

2 Q. Okay. And they came from where to

3 McCrone?

4 A. They were sent from Engelhard in 1973 to

5 McCrone. They were samples from the Johnson mine.

6 Q. Are they samples from the mine or from

7 the production after the talc was processed?

8 MR. FARRELL: Objection to form,

9 foundation.

10 You can answer the question if you can.

11 Don't the production -- doesn't the

12 production talc come from the mine?

13 MR. PLACITELLA: I'm asking for specific

14 reasons.

15 MR. FARRELL: Okay.

16 THE WITNESS: There were samples of EMTAL

17 42 and EMTAL 500.

18 BY MR. PLACITELLA:

19 Q. Okay. And do you know what part of the

20 mine those -- the ore came from that was used for --

21 for those samples?

22 A. I don't know. These are 40 years old. I

Page 667

1 don't know.

2 Q. Who would know that? Who could we ask?

3 MR. FARRELL: Objection to form, calls

4 for speculation.

5 THE WITNESS: I don't know that anybody

6 knows.

7 BY MR. PLACITELLA:

8 Q. Do we know what level of the mine it was

9 taken from?

10 MR. FARRELL: Objection to form.

11 THE WITNESS: It would be speculation for

12 me to say.

13 BY MR. PLACITELLA:

14 Q. You understood that the Johnson EMTAL

15 mine had different levels?

16 A. Yes.

17 Q. And you understand that you could find a

18 constituent in one level and not another one, it's

19 possible?

20 MR. FARRELL: Objection to form,

21 foundation, beyond the scope of the notice. I don't

22 think he's an expert in geology.

Page 668

1 THE WITNESS: I don't know. I'm not a

2 geologist.

3 BY MR. PLACITELLA:

4 Q. Do you know what the criterion was for

5 selecting those samples?

6 A. They wanted samples of M 42 and M 500.

7 Q. Do you know what kind of rock those

8 samples came from at the mine?

9 A. It would have been from the talc in the

10 mine. I don't know.

11 Q. But you don't know whether it was

12 chlorate rock or serpentine rock or anything else?

13 A. I'm not a geologist.

14 Q. How would we find that out?

15 MR. FARRELL: Objection to form. Calls

16 for speculation.

17 THE WITNESS: I don't know.

18 BY MR. PLACITELLA:

19 Q. When were the samples taken?

20 A. Well, they would have been taken on or

21 around 1973.

22 Q. How do we know that for sure?

Page 669

1 MR. FARRELL: Objection to form.

2 BY MR. PLACITELLA:

3 Q. How do we know it's not a bag that was

4 sitting there for three years?

5 MR. FARRELL: Objection to form, calls

6 for speculation.

7 THE WITNESS: I don't know.

8 BY MR. PLACITELLA:

9 Q. Who took the samples?

10 A. They were taken by somebody at Engelhard

11 at the time and submitted to McCrone.

12 Q. Who was that?

13 A. I don't know.

14 Q. Is there a chain of custody from

15 Engelhard to McCrone telling us where the samples

16 came from and -- to McCrone?

17 MR. FARRELL: Objection to form.

18 THE WITNESS: Again, chain of custody

19 typically starts with sending the sample out to

20 the -- out to whoever is doing the work. We have a

21 letter from -- we have various documents from

22 Engelhard stating that they're sending the

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35 (Pages 670 to 673)

Page 670

1 information to McCrone, and McCrone received it. And

2 then McCrone reported back subsequently on the

3 results of their studies.

4 BY MR. PLACITELLA:

5 Q. But who took the samples?

6 A. Somebody at Engelhard.

7 Q. We don't know?

8 MR. FARRELL: Objection to form.

9 Harassing the witness.

10 THE WITNESS: That's right. I don't

11 know.

12 BY MR. PLACITELLA:

13 Q. Is there any documentation that could

14 tell us that?

15 MR. FARRELL: Objection to form, asked

16 and answered.

17 THE WITNESS: I don't know. I don't know

18 if any was ever made.

19 BY MR. PLACITELLA:

20 Q. If there was a notebook that told us that

21 that no longer exists, that would be important

22 evidence, don't you think?

Page 671

1 MR. FARRELL: Objection to form,

2 foundation, calls for speculation.

3 THE WITNESS: I don't know.

4 BY MR. PLACITELLA:

5 Q. Okay. Can you give me -- can you go to

6 the next set of samples, please?

7 Were they marked, those samples, by the

8 way?

9 A. Yes, they were marked. There is a strong

10 chain of custody for what happened to them.

11 Q. I mean marked for this deposition.

12 MR. FARRELL: I think that -- I think

13 that Jared either marked them or read them in at the

14 inspection.

15 MR. PLACITELLA: I just want to make

16 sure, when we are going back, we have -- so, can we

17 give them a mark if there -- is there any marking on

18 them?

19 THE WITNESS: There are markings, but --

20 BY MR. PLACITELLA:

21 Q. An exhibit number?

22 A. -- but no exhibit number, at least on the

Page 672

1 package.

2 MR. PLACITELLA: Can we give it the next

3 exhibit number?

4 MR. FARRELL: These are the original

5 samples, so they have been read into the record as

6 part of the document inspection.

7 MR. PLACITELLA: So, can we mark them

8 just so we know what we are dealing with? Is there a

9 problem with marking the bag with the exhibit number?

10 MR. FARRELL: Microtrace is going to want

11 them back is the issue. So, it's up to you.

12 MR. PLACITELLA: We'll have to deal with

13 that with the judge. Why don't we mark them anyhow.

14 What's the next exhibit number?

15 THE REPORTER: 36.

16 MR. PLACITELLA: Can we put a little 36

17 on there, please?

18 THE WITNESS: Along with these two

19 samples, by the way, are two samples of the same

20 material that was used by Micky Gunter to do a

21 subsequent analysis of the same material.

22 MR. PLACITELLA: All right. So, we'll

Page 673

1 call it -- what was that number again?

2 THE REPORTER: 36.

3 MR. PLACITELLA: 36A and B. B will be

4 the Gunter.

5 THE WITNESS: Sure.

6 (Plaintiff's Exhibit Nos. 36A and

7 36B, pair of rock samples taken

8 from the Johnson mine of EMTAL 42

9 and EMTAL 500, submitted to

10 McCrone from Engelhard in 1973,

11 were marked for identification.)

12 BY MR. PLACITELLA:

13 Q. Okay. What is the next one you've got?

14 A. The next set of samples are three

15 sample -- rock samples obtained from Ed Lomas, who

16 worked at the mine in the late '70s and early '80s.

17 MR. PLACITELLA: Okay. Can we just mark

18 those, what, 37?

19 THE WITNESS: Yes. These are A, B, and

20 C. And along with those, we also have three ground

21 samples taken from those that are currently under the

22 chain of custody of Mickey Gunter.

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Page 674

1 MR. PLACITELLA: All right. So, let's

2 do -- what was that number?

3 THE REPORTER: The next would be 37.

4 MR. PLACITELLA: So, let's do 37A through

5 whatever, and just -- so we all know what we are

6 dealing with.

7 (Plaintiff's Exhibit Nos. 37A,

8 37B, 37C, three talc rock samples

9 obtained from Ed Lomas at Johnson

10 mine in the late '70s and early

11 '80s, were marked for

12 identification.)

13 (Plaintiff's Exhibit Nos. 37D,

14 37E, and 37F, three powder

15 samples currently under the

16 custody of Micky Gunter, were

17 marked for identification.)

18 BY MR. PLACITELLA:

19 Q. So, how many --

20 A. So, there are three rock samples and then

21 three ground samples.

22 Q. So, A, B, C, D, E, and F. 37A, B, C, D,

Page 675

1 E, and F.

2 BY MR. PLACITELLA:

3 Q. So, why don't you just identify them by

4 exhibit number, specifically what you have.

5 A. So, Exhibit 37A is a talc rock sample

6 obtained from Ed Lomas. And he designated that

7 Talc A.

8 37B is another rock sample obtained from

9 Lomas, and he designated that as Talc B.

10 And then No. 37C is a third rock sample

11 obtained from Lomas that he identified as Talc C.

12 37D is a powder sample obtained from

13 Micky Gunter, and that is a powder sample of Talc A,

14 which is 37A.

15 37E is the powder sample of Talc D, which

16 was 37B.

17 And then 37F is the powder sample of

18 Talc C, which was 37C.

19 Q. Okay. Thank you.

20 Do you know the circumstances under which

21 samples were provided by Mr. Lomas?

22 A. He was contacted and asked if he had

Page 676

1 information, and he did have these rock samples.

2 Q. And where did he have them?

3 A. Somewhere in his house. I don't know

4 where specifically.

5 Q. Okay. Do you know for how long he had

6 those samples?

7 A. Well, these were obtained fairly

8 recently, so he would have had them since from --

9 either from 1976 through 1983 sometime.

10 Q. Is it your understanding these are

11 samples of rock that was taken from the mine?

12 A. Yes.

13 Q. Okay. Do you know where in the mine they

14 were taken from?

15 A. From either Levels 4 or 5.

16 Q. Okay. And how do you know that?

17 A. He wrote a declaration regarding the

18 origin of the samples and how he had taken them.

19 Q. How would we know whether it was 4 or 5?

20 A. He said that in his declaration.

21 Q. Right, but -- so, he couldn't be more

22 specific? He said it was either 4 or 5?

Page 677

1 A. That's what he said, yes.

2 Q. Okay. And do you know what part of the

3 ore body he took it from?

4 A. I don't know. He may have said in the

5 declaration, but I don't know that.

6 Q. Did he take it from the main ore body?

7 A. I'd have to read the declaration again.

8 I'm not sure.

9 Q. All right. Do you -- do you know what

10 criteria there was for taking those samples?

11 A. I think he wanted to take samples as a

12 memento of his work there, I think.

13 Q. We don't know what part of the mine in

14 Levels 4 or 5, they came from. Is that fair?

15 A. I don't think we know specifically.

16 Q. And we don't know exactly when they were

17 taken. Correct?

18 A. Correct. We know between '76 and '83.

19 MR. FARRELL: I don't mean to interrupt,

20 but I think you may have misspoken about which

21 levels.

22 I just wanted to raise the issue for you,

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Page 678

1 Mr. Placitella.

2 MR. PLACITELLA: Okay.

3 BY MR. PLACITELLA:

4 Q. Did you say something wrong?

5 A. I don't know.

6 MR. FARRELL: You were saying 4 and 5.

7 I'm not sure if that was 4 or 5.

8 THE WITNESS: It may be 4 and 5, I'm not

9 sure, or 5 and 6. I don't know.

10 BY MR. PLACITELLA:

11 Q. So, you don't know?

12 MR. FARRELL: It is in the declaration.

13 THE WITNESS: It's in the declaration. I

14 think it is 5 and 6, or 5 or 6, one of the two.

15 BY MR. PLACITELLA:

16 Q. What part of 5 and 6?

17 A. I don't know.

18 Q. Was it from the wall, from the main ore

19 body? Where?

20 A. I don't know.

21 Q. Was it from the part of the mine where

22 they produced the product or from the side wall,

Page 679

1 what? Do you know?

2 A. I don't know.

3 Q. Who would know?

4 A. Lomas might know.

5 Q. Is that in his declaration, exactly where

6 in the mine it was taken from?

7 A. I'd have to read it again.

8 MR. PLACITELLA: Do I have that?

9 MR. FARRELL: I believe so. I'm getting

10 a copy now.

11 MR. PLACITELLA: I'll look at it over

12 lunchtime so we don't waste a lot of time here.

13 BY MR. PLACITELLA:

14 Q. What other samples do you have?

15 A. We have the samples that we have already

16 discussed, the three samples from the EMTAL bag that

17 Cahill sent to RJ Lee for analysis in 1993.

18 And then along with those, we have ground

19 samples of those, or powder samples, that were

20 obtained from Micky Gunter as part of his analysis.

21 Q. From the RJ Lee samples from 1993?

22 A. Yes.

Page 680

1 Q. Okay. So, any questions I would have

2 asked you about the RJ Lee samples would apply to the

3 samples from -- that Gunter did his analysis. Is

4 that fair?

5 MR. FARRELL: Objection to form.

6 THE WITNESS: I would think so.

7 BY MR. PLACITELLA:

8 Q. So, we have three sets of samples as we

9 sit here today with derivatives. Correct? We have

10 the RJ Lee samples from 1993, allegedly. Correct?

11 A. From 1993, yes.

12 Q. Okay. We have samples from McCrone from

13 '72-'73?

14 A. Yes.

15 Q. Okay. And we have the Lomas samples.

16 Correct?

17 A. Yes.

18 Q. That's it?

19 MR. FARRELL: Objection to form.

20 Misstates the record.

21 THE WITNESS: Those are the ones with --

22 as you mentioned, derivatives. By that, I think you

Page 681

1 meant the powder.

2 BY MR. PLACITELLA:

3 Q. Correct.

4 A. But we have other samples.

5 Q. In addition to the ones we just

6 identified?

7 A. Yes.

8 Q. What else?

9 A. We have a sample from Micky Gunter that

10 he obtained in his investigations. This is a talc

11 sample --

12 Q. Can we just mark that, please, so we are

13 all talking about the same thing? What's in your

14 hand, we want to mark it.

15 The next exhibit, please.

16 A. Sure. Yes.

17 (Plaintiff's Exhibit No. 38, talc

18 rock sample obtained by Micky

19 Gunter from Leslie White, was

20 marked for identification.)

21 MR. FARRELL: Mr. Placitella, this is the

22 Lomas declaration that Mr. Steinmetz referenced.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 38 of 104 PageID:

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38 (Pages 682 to 685)

Page 682

1 MR. PLACITELLA: I'll look at it over a

2 break.

3 MR. FARRELL: I didn't want --

4 MR. PLACITELLA: I'm not fighting with

5 you. I'll look it over.

6 MR. FARRELL: I didn't want you to leave

7 and to then say --

8 MR. PLACITELLA: It is whatever it is.

9 MR. FARRELL: All right.

10 BY MR. PLACITELLA:

11 Q. Okay. Do you have a number on that now?

12 A. Yes, it is P-38.

13 Q. And what is that?

14 A. This is a rock sample that Micky Gunter

15 obtained from Leslie White, who lived in the Johnson

16 area, who had obtained a -- who says she had obtained

17 this rock sample.

18 Q. When was this sample obtained?

19 A. This would have been obtained in 2012.

20 Q. And who is Leslie White?

21 A. She is a person who lived in the area of

22 the Johnson mine, and she obtained a rock sample from

Page 683

1 somebody who worked there, apparently.

2 Q. Who currently works there, you say?

3 A. Who worked there at the time.

4 Q. So, Leslie got it from somebody else.

5 Who did she get it from?

6 A. I don't know.

7 Q. Do we know?

8 A. Micky Gunter may know. I don't know.

9 Q. We don't have a name?

10 MR. FARRELL: Objection to form.

11 THE WITNESS: We have the name Leslie

12 White. That's it.

13 BY MR. PLACITELLA:

14 Q. So, Micky Gunter got it from Leslie, who

15 got it from somebody else. So, we don't have his

16 name.

17 MR. FARRELL: Objection to form --

18 BY MR. PLACITELLA:

19 Q. Is that fair?

20 MR. FARRELL: Objection to form and

21 foundation.

22 THE WITNESS: We may have the person's

Page 684

1 name. I don't know it.

2 BY MR. PLACITELLA:

3 Q. And when did he work there?

4 A. I don't know.

5 Q. Where did he get it from?

6 A. I don't know who he is, so I don't know.

7 Q. What part of the mine?

8 A. I don't know.

9 Q. What level of the mine?

10 A. I don't know who he is, so, I don't know.

11 Q. What part of the rock?

12 A. I don't know.

13 Q. How are we going to rely on this sample

14 means anything?

15 MR. FARRELL: Objection to form,

16 foundation, argumentative.

17 THE WITNESS: I don't know if we can rely

18 on it. I'm just saying this is a sample that we

19 have.

20 BY MR. PLACITELLA:

21 Q. Okay. And do we know whether it came

22 from the mine ore -- main ore body or the

Page 685

1 outcroppings, or it was just sitting outside the

2 mine?

3 MR. FARRELL: Objection to form.

4 THE WITNESS: I don't know.

5 BY MR. PLACITELLA:

6 Q. Who would know?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: Who would know what?

9 BY MR. PLACITELLA:

10 Q. Where the sample came from, who took it

11 out, when it was taken.

12 A. I don't know that anybody knows that.

13 Micky Gunter might know somebody who knows it, having

14 talked to Leslie White, but I don't know if anybody

15 knows it.

16 Q. As part of your investigation, did you

17 ask Micky Gunter any of those questions?

18 A. No.

19 Q. So, we don't know what Micky Gunter might

20 know.

21 MR. FARRELL: Objection to form and

22 foundation.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 39 of 104 PageID:

24423
39 (Pages 686 to 689)

Page 686

1 THE WITNESS: We might know from his

2 testimony. I don't know.

3 BY MR. PLACITELLA:

4 Q. Is there testimony about this rock that I

5 don't know about, that he got from Leslie, who got it

6 from somebody else who worked there?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: I believe there might be,

9 but I don't -- I haven't seen any.

10 BY MR. PLACITELLA:

11 Q. Okay. Do you have any other samples?

12 A. One other sample. This is also from

13 Micky Gunter, and this is a sample that he obtained

14 from the University of Vermont. He had contacts at

15 the University of Vermont, having been -- or having

16 had some type of appointment there. And he was given

17 a sample that was purportedly from the Johnson mine.

18 MR. PLACITELLA: Okay. And can we mark

19 that, please?

20 (Plaintiff's Exhibit No. 39,

21 rock sample reportedly taken from

22 the Johnson mine obtained by

Page 687

1 Micky Gunter from University of

2 Vermont, was marked for

3 identification.)

4 BY MR. PLACITELLA:

5 Q. What's the number?

6 A. 39.

7 Q. What's your source of information as to

8 where Micky Gunter got this from?

9 MR. FARRELL: Objection to form.

10 THE WITNESS: From where he got it, my

11 source is counsel, who spoke with him.

12 BY MR. PLACITELLA:

13 Q. You didn't speak to him yourself?

14 A. Correct.

15 Q. And do you know when he obtained the

16 sample?

17 A. The beginning of the chain of custody is

18 4-17-2012.

19 Q. Okay. And do we -- is that the only

20 sample that the University has?

21 MR. FARRELL: Objection to form,

22 foundation, beyond the scope.

Page 688

1 BY MR. PLACITELLA:

2 Q. Do you know?

3 A. I don't know. I don't know.

4 Q. Okay. And do you know who at the

5 university obtained that sample and how they got it?

6 A. I don't know.

7 Q. Who would know?

8 A. Micky Gunter may know. I don't know.

9 Q. Did you ask Micky Gunter, knowing that we

10 had to attempt to figure out chain of custody as we

11 were sitting here?

12 MR. FARRELL: Objection to form,

13 argumentative.

14 THE WITNESS: No.

15 BY MR. PLACITELLA:

16 Q. Do you know when it was taken from the

17 mine?

18 A. No.

19 Q. Do we know where it was taken from the

20 mine?

21 A. I don't know if we do. I don't.

22 Q. Does BASF know?

Page 689

1 A. I don't know.

2 Q. Do we know who extracted it from the

3 mine?

4 A. I don't know.

5 Q. Do we know if it actually came from the

6 mine?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: I can only rely on what

9 Micky Gunter has -- has said. I don't -- I didn't

10 personally take it, so, I don't know anything more

11 than that, except that he says that he got it from

12 somebody who said it came from the Johnson mine.

13 BY MR. PLACITELLA:

14 Q. Do we know what the criteria was for

15 obtaining that sample?

16 MR. FARRELL: Objection to form.

17 THE WITNESS: I don't know.

18 BY MR. PLACITELLA:

19 Q. Do we know whether it came from the main

20 ore body?

21 A. I don't know.

22 Q. Do we know whether it came from the part

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 40 of 104 PageID:

24424
40 (Pages 690 to 693)

Page 690

1 of the mine that was used to produce EMTAL talc?

2 MR. FARRELL: Objection to form,

3 foundation, beyond the scope.

4 THE WITNESS: I don't know.

5 BY MR. PLACITELLA:

6 Q. Do we know what kind of rock it came

7 from?

8 MR. FARRELL: Objection to form and

9 foundation.

10 THE WITNESS: I don't know. I'm not a

11 geologist.

12 BY MR. PLACITELLA:

13 Q. Okay. Do you know whether Gunter

14 obtained a chain of custody from the University

15 providing any of that information?

16 A. I don't know.

17 Q. Do you have any other samples?

18 A. That is all.

19 MR. PLACITELLA: Okay. Is this a good

20 time for a lunch break or do you want to keep going?

21 MR. FARRELL: We can take lunch now.

22 Are you done with the samples? Are you

Page 691

1 moving to something different?

2 MR. PLACITELLA: I think I'm done. I'll

3 have to go back and look, but I think I'm done.

4 I want to read Lomas' declaration to see

5 if I have any questions about it.

6 MR. FARRELL: Well, his declaration is

7 like ten lines of text.

8 MR. PLACITELLA: I know, but I'm very,

9 very slow, as you know. It takes me a while to do

10 things. So, I'll do it over the break.

11 MR. FARRELL: I have noticed that.

12 MR. PLACITELLA: Yeah, it's a problem

13 but, you know...

14 I'll do it over lunch so we don't waste

15 anybody's time.

16 So, if you want to take a break now, it's

17 fine.

18 THE WITNESS: Sure.

19 MR. PLACITELLA: Tell me a good place to

20 go that's quick so we can keep going as fast as you

21 can, or are you just going to turn me out into

22 Washington, D.C., and try to figure it out?

Page 692

1 MR. FARRELL: There are plenty of places

2 to eat. I'm sure you'll find one.

3 Are we off the record?

4 MR. PLACITELLA: Thank you so much for

5 helping me.

6 THE VIDEOGRAPHER: The time is 12:41 p.m.

7 We are going off the record.

8 (Recess taken.)

9 THE VIDEOGRAPHER: Stand by, please.

10 The time is now 1:38 p.m. We are back on

11 the record.

12 (Plaintiff's Exhibit No. 40,

13 Declaration of Edward Lomas dated

14 April 4, 2013, was

15 marked for identification.)

16 (Plaintiff's Exhibit No. 41,

17 transcript of videotape

18 deposition of William Grassley

19 taken on June 17, 2014, was

20 marked for identification.)

21 (Plaintiff's Exhibit No. 42,

22 document entitled Stipulation and

Page 693

1 Order of Confidentiality, Bates

2 stamped

3 BASF_SAMPSON000025203-2509, was

4 marked for identification.)

5 BY MR. PLACITELLA:

6 Q. Good afternoon.

7 A. Hi.

8 Q. This morning, you recall we went over the

9 documents concerning the study that was done by

10 Dr. Hemstock and Mr. Gale up at the mine. We went

11 over the documents that were missing in the Triglia

12 transcript. Do you recall that?

13 A. Yes.

14 MR. FARRELL: Objection to form.

15 BY MR. PLACITELLA:

16 Q. And do you recall you said that that

17 didn't matter that much because the results were in

18 Exhibit 50 to the Hemstock deposition.

19 Do you recall that?

20 MR. FARRELL: Objection to form,

21 foundation, misstates his testimony.

22 THE WITNESS: I'm not sure that's what I

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 41 of 104 PageID:

24425
41 (Pages 694 to 697)

Page 694

1 said. What -- I didn't say it didn't matter. What I

2 said was that a lot of the information in a summary

3 of that talc that Gale and Hemstock were doing was

4 available in that document.

5 BY MR. PLACITELLA:

6 Q. In Exhibit 50?

7 MR. FARRELL: Objection to form,

8 foundation, misstates his testimony.

9 THE WITNESS: As part of Exhibit 50.

10 BY MR. PLACITELLA:

11 Q. And you specifically referred me to this

12 report from Gale, right before we broke, of April 11,

13 1979, from Gale to Triglia. Do you see that?

14 A. Yes.

15 Q. Okay. And I just want to go through that

16 with you to see if perhaps you were mistaken.

17 It starts --

18 MR. FARRELL: I'm sorry, Chris. Just so

19 I understand what you are going back to, are you

20 talking about the Waterbury Talc Inlet document or --

21 MR. PLACITELLA: No. I'm talking about

22 the document he referred me to, which was Tab 50 to

Page 695

1 the Hemstock transcript, Bates No. 13154, which is

2 what he pointed to me.

3 MR. FARRELL: This is on the 38 samples

4 question?

5 MR. PLACITELLA: Yes, sir.

6 BY MR. PLACITELLA:

7 Q. So, do you have that in front of you?

8 A. I have it in front of me, yes.

9 Q. Do you have the April 11, 1979, memo from

10 Gale to Triglia?

11 A. Yes.

12 Q. All right. Do you see where it starts

13 out, "The following is a review and update on the

14 talc investigation which was initiated in

15 February 1979. The investigation itself concerns the

16 identification of contaminants in a number of talc

17 production samples using transmission electron

18 microscopy."

19 Do you see that?

20 A. Yes.

21 Q. It doesn't talk about mine ore samples.

22 Correct?

Page 696

1 MR. FARRELL: Objection to form,

2 foundation.

3 THE WITNESS: No. I think I mentioned

4 this in -- with respect to the fact that we were

5 talking about samples being taken, sent to Georgia

6 Tech. And I mentioned that updates were being

7 provided. I didn't say that the documents that we

8 haven't found weren't important. I was just saying

9 that they were providing updates on this information.

10 So, I'm not surprised it is not there.

11 BY MR. PLACITELLA:

12 Q. Right. And then, if you look down here,

13 I highlighted again, they are talking production

14 samples. Do you see on the second page?

15 A. Yes.

16 Q. And then a little further down it talks

17 about production samples. Do you see that?

18 A. Yes.

19 Q. And then, if you look at the Table 1,

20 which I guess is the actual results, do you see that?

21 A. Yes.

22 Q. Okay. It says, "Data on talc production

Page 697

1 samples from transmission electron microscopy

2 examinations done at Georgia Institute."

3 Do you see that?

4 A. Yes.

5 Q. Okay. So, for example, when they are

6 looking at EMTAL 42 -- by the way, how big is like a

7 milligram, do you know?

8 MR. FARRELL: Objection to foundation.

9 BY MR. PLACITELLA:

10 Q. Small? Smaller than a -- is a milligram

11 bigger or smaller than this cap?

12 A. It depends on the density and the -- and

13 the weight of the material and everything, the

14 density and the specific gravity of the material.

15 Q. Okay. Is it a reasonable approximation?

16 A. No.

17 Q. Should it be smaller or larger?

18 A. I don't know what the information is for

19 talc, so I don't know the answer.

20 Q. Okay. Do you see where it says, "Number

21 of fibers calculated per milligram of sample"?

22 A. Yes.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 42 of 104 PageID:

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42 (Pages 698 to 701)

Page 698

1 Q. All right. And it says, "4.1" -- and

2 this is for EMTAL 42 -- "4.14 times 10 to the 5th."

3 Right?

4 A. Yes.

5 Q. So, how many fibers are they finding in

6 this production sample of EMTAL 42?

7 MR. FARRELL: Objection --

8 BY MR. PLACITELLA:

9 Q. How do you -- I'm not that good at the

10 exponential. How many fibers are they finding in

11 that milligram?

12 MR. FARRELL: Objection to form,

13 foundation, beyond the scope of the notice, calls for

14 expert testimony.

15 BY MR. PLACITELLA:

16 Q. You can do the math. What is it? How

17 many?

18 MR. FARRELL: Same objections, beyond the

19 scope of the notice.

20 THE WITNESS: I'm not an expert. I know

21 what 4 times 10 to the 5th is. I don't know what it

22 means in this perspective.

Page 699

1 BY MR. PLACITELLA:

2 Q. What is 4 times 10 to the 5th?

3 A. It's 40,000.

4 Q. 40,000. So, they found, according to

5 this, 40,000 fibers in one milligram of EMTAL 42.

6 Correct?

7 MR. FARRELL: Objection to form,

8 foundation, beyond the scope of the notice.

9 BY MR. PLACITELLA:

10 Q. Correct?

11 A. I'm really not prepared to talk about

12 this. I just didn't prepare for this.

13 Q. Then there's -- two over, it says,

14 EMTAL 42 -- another EMTAL 42. This time they found

15 6.7 times 10 to the 4th in a milligram, 10 to the

16 6th. So, that would be what? That would be 600,000

17 fibers in a single milligram?

18 MR. FARRELL: Objection to form,

19 foundation, beyond the scope of the notice.

20 Do you have any questions that relate to

21 the reasons you said you needed a third day of this

22 deposition?

Page 700

1 MR. PLACITELLA: I'm just probing what he

2 told me is all the data. I think I'm entitled to do

3 that.

4 BY MR. PLACITELLA:

5 Q. So, somewhere around more than 600,000

6 fibers per milligram. Is that what this says?

7 MR. FARRELL: Objection to form,

8 foundation, beyond the scope of the notice, calls for

9 expert testimony.

10 THE WITNESS: I'm sorry. I didn't mean

11 to imply, when I answered your question before, that

12 I had looked at this data and I understood it all and

13 that I was familiar with it and what it would mean in

14 this context. All I was trying to say was that we

15 were talking about talc investigations. Georgia Tech

16 came up, and I mentioned that we had -- we had

17 produced reports that showed results from Georgia

18 Tech, among other places.

19 BY MR. PLACITELLA:

20 Q. Okay. So, let's go back to page 2. You

21 see where it says -- I highlighted it -- "38 crushed

22 rock samples have been sent to Georgia Institute --

Page 701

1 to Georgia Institute of Technology for qualitative

2 transmission electron microscopy investigations."

3 Do you see that?

4 A. Yes.

5 Q. Where are those results?

6 MR. FARRELL: Objection.

7 BY MR. PLACITELLA:

8 Q. Where have you produced them?

9 MR. FARRELL: Objection to form and

10 foundation.

11 Where in the document are you?

12 MR. PLACITELLA: Right here. I've

13 highlighted it. 38 crushed rock samples.

14 BY MR. PLACITELLA:

15 Q. Where are the results from the Georgia

16 Institute of Technology when they did the TEM?

17 A. Well, again, I'll say it in the same way.

18 There are other reports and results that we have

19 obtained from Georgia Tech that we produced. So,

20 there was a report on July 17, 1979, from Triglia to

21 Hemstock where, again, results were --

22 Q. What are you looking at, sir?

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 43 of 104 PageID:

24427
43 (Pages 702 to 705)

Page 702

1 A. A July 17, 1979, memo from Triglia to

2 Hemstock.

3 Q. What tab?

4 A. This is Tab 30 in the compendium.

5 And again, it may or may not apply to

6 these. I'm just saying, as I said before, we have a

7 lot of results from Georgia Tech.

8 I haven't looked at each of these

9 documents to try to link what samples were what --

10 were included in what reports. I'm just saying we

11 received results from them. I can't tell you a lot

12 of detail about the reports themselves.

13 Q. But it's very important to know the

14 differences, at least for me.

15 All right. You just showed me Tab 30,

16 which was a July 17, 1979 memo from Triglia to

17 Hemstock. This, again, is looking at production

18 samples. Correct?

19 A. I don't know. I don't know all the

20 contents. I haven't read it and haven't analyzed it,

21 so, I can't say.

22 Q. EMTAL 42, they found abundant fibers.

Page 703

1 EMTAL 500, they found many fibers.

2 There is nothing in this document about

3 testing the ore, is there?

4 MR. FARRELL: Objection to form,

5 foundation.

6 THE WITNESS: I don't know. I haven't

7 read through it. I wasn't -- I wasn't preparing to

8 look at these in detail and try to analyze them.

9 BY MR. PLACITELLA:

10 Q. Well, here -- here is the reason I'm

11 asking you this question: There was a lot of

12 testimony in both Dr. Hemstock's deposition and

13 Dr. Triglia's deposition about the study they did of

14 the ore in the EMTAL mine. You agree?

15 A. Yes. There was discussion about that,

16 yes.

17 Q. And I think you told me that all the

18 testing results that you could find were located in

19 P-15, which was the Cahill compilation. Correct?

20 MR. FARRELL: Objection to form.

21 THE WITNESS: I'm not sure -- when did I

22 say it was all in --

Page 704

1 BY MR. PLACITELLA:

2 Q. As you sit here today, can you find in

3 P-15 any testing results concerning the study that

4 was done by Dr. Hemstock and Dr. Gale of the mine

5 that was extensively discussed in their depositions?

6 MR. FARRELL: Objection to form,

7 foundation, asked and answered.

8 THE WITNESS: No. And I'm sorry. I

9 don't think I ever did say that that data -- that

10 that data and those results were in here. What I

11 tried to say was that results from Georgia Tech that

12 we had received we had produced.

13 There were several reports that had

14 Georgia Tech information. I didn't say that that was

15 the information from that particular study.

16 BY MR. PLACITELLA:

17 Q. Well, where is the information from that

18 study, sir?

19 MR. FARRELL: Objection to form,

20 foundation, asked and answered, harassing the

21 witness.

22 THE WITNESS: We haven't found those

Page 705

1 exhibits.

2 BY MR. PLACITELLA:

3 Q. So --

4 MR. FARRELL: Which exhibits are we

5 talking about?

6 MR. PLACITELLA: I think the record is

7 clear. I'm moving on to something else.

8 MR. FARRELL: You showed him a document

9 discussing 38 samples of talc. You've seen the

10 documents. I don't even know what we're talking

11 about right now.

12 MR. PLACITELLA: I think the witness is

13 answering my questions. Thank you.

14 BY MR. PLACITELLA:

15 Q. One of the things you were asked about to

16 produce and to talk about -- actually, just to talk

17 about was, under the court order -- and I put it up

18 here -- the location and completeness of all original

19 files related to lawsuits filed against Engelhard and

20 BASF for injuries allegedly related to EMTAL talc.

21 Do you see that?

22 A. Yes.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 44 of 104 PageID:

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44 (Pages 706 to 709)

Page 706

1 Q. So, I want to ask you some questions

2 about that.

3 Where are those files?

4 MR. FARRELL: Objection to form,

5 foundation, asked and answered during day one and two

6 of the deposition.

7 THE WITNESS: The files that we have that

8 we obtained from Cahill, and those were all files

9 related to Engelhard, are located here at Kirkland &

10 Ellis.

11 BY MR. PLACITELLA:

12 Q. So, they are all in this building?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: I don't know if they are

16 all here, but they're all in the possession of -- of

17 Kirkland & Ellis or BASF.

18 BY MR. PLACITELLA:

19 Q. And I did ask you some questions. These

20 are just follow-up.

21 So, the current custodian of those files

22 is Kirkland & Ellis. Is that your understanding?

Page 707

1 MR. FARRELL: Objection to form and

2 foundation, vague as to which files.

3 BY MR. PLACITELLA:

4 Q. The litigation files from 1984 to the

5 present.

6 MR. FARRELL: Objection to form,

7 foundation, asked and answered, vague as to which

8 files.

9 THE WITNESS: That's my understanding.

10 BY MR. PLACITELLA:

11 Q. Were all of those files, to your

12 knowledge, scanned and OCR'd?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: I'm not sure what OCR'd is.

16 BY MR. PLACITELLA:

17 Q. In other words, so you could do word

18 searches on them. Were they all scanned

19 electronically?

20 A. My understanding is that they were all --

21 they were all scanned, yes.

22 Q. And can they all be -- run word searches

Page 708

1 to find things on them?

2 A. It depends on the form of the document.

3 If it was typewritten, you could do a search. If it

4 was handwritten, you may not be able to.

5 Q. But all the typewritten documents that

6 are under the custody and control of Kirkland &

7 Ellis, you could run word searches on. Correct?

8 MR. FARRELL: Objection to form,

9 foundation, beyond scope.

10 THE WITNESS: And which files are we

11 talking about?

12 BY MR. PLACITELLA:

13 Q. The historical litigation files called

14 for that you were supposed to talk about under No. 13

15 of the court order.

16 MR. FARRELL: Objection to form,

17 foundation, misstates the notice.

18 THE WITNESS: Could you repeat the

19 question again?

20 BY MR. PLACITELLA:

21 Q. Yes, sir.

22 All of those electronic files in their

Page 709

1 electronic form are under the custody and control of

2 Kirkland & Ellis. Correct?

3 MR. FARRELL: Objection to form and

4 foundation.

5 THE WITNESS: As I understand it, yes.

6 BY MR. PLACITELLA:

7 Q. If you wanted to find something in those

8 files, you could do a word search if it was a

9 typewritten document. Correct?

10 MR. FARRELL: Objection to form,

11 foundation, beyond the scope.

12 THE WITNESS: You could do a search, a

13 word search.

14 BY MR. PLACITELLA:

15 Q. So, for example, if I wanted to search

16 all of the letters that were written by Cahill Gordon

17 in the context of the -- this litigation, I should be

18 able to find that. Correct?

19 MR. FARRELL: Objection to form,

20 foundation, beyond the scope.

21 THE WITNESS: I don't know. That would

22 be something that counsel here would know.

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Page 710

1 BY MR. PLACITELLA:

2 Q. Well, I could type in Cahill Gordon, and

3 I'd get all of the documents with Cahill Gordon on

4 them. Right?

5 A. I haven't done it myself, so, I don't

6 know. I haven't done that, so, I don't know.

7 MR. PLACITELLA: Do you have P-13,

8 please, over there?

9 BY MR. PLACITELLA:

10 Q. Do you see on P-13, the judge actually

11 put, in her own handwriting, an addition?

12 A. Yes.

13 Q. And you've read that. Correct?

14 A. Yes.

15 Q. And the judge says that, in addition to

16 testifying about everything that I asked for on the

17 notice, you must be able to testify fully with regard

18 to the document searches conducted in this case.

19 Correct?

20 A. That's what it says, yes.

21 Q. So, part of your charge is to know how

22 documents can be searched. Correct?

Page 711

1 MR. FARRELL: Objection to form,

2 foundation.

3 THE WITNESS: I'm not sure. If I could

4 look at that. I would have to look at it again.

5 BY MR. PLACITELLA:

6 Q. Sure. Look at the whole thing.

7 A. And what was the question again? I'm

8 sorry.

9 (Witness reads over the document.)

10 I'm sorry. What was the question?

11 Q. You are supposed to know how document

12 searches can be done according to the judge's

13 handwritten order. Correct?

14 MR. FARRELL: Objection to form and

15 foundation.

16 THE WITNESS: I guess it is not clear

17 what the judge meant. I mean, the judge says,

18 "Testify fully with regard to the document searches

19 conducted." I don't know if it says who conducted

20 them, but I did learn about how they are conducted

21 generally here, yes.

22 BY MR. PLACITELLA:

Page 712

1 Q. Right. And what they did is they, in

2 addition to doing some manual searches, they did word

3 searches. Correct?

4 A. That's right, yes.

5 Q. And they could do word searches of the

6 litigation files, correct?

7 MR. FARRELL: Objection to form and

8 foundation.

9 THE WITNESS: Yes.

10 BY MR. PLACITELLA:

11 Q. So, if I wanted --

12 MR. FARRELL: Excuse me. Just give me

13 one second to object, just so we don't have an angry

14 court reporter.

15 Go ahead, Mr. Placitella.

16 BY MR. PLACITELLA:

17 Q. So, if I wanted to search for all the

18 letters written by Cahill Gordon to plaintiff's

19 lawyers, I should be able to find them. Correct?

20 MR. FARRELL: Objection to form,

21 foundation, beyond the scope of the notice.

22 THE WITNESS: And the answer is I never

Page 713

1 searched Cahill Gordon, so, I don't know what would

2 happen. I know you can do word searches. I've just

3 never done it, so I don't know.

4 BY MR. PLACITELLA:

5 Q. Well, presumably, if it's all the

6 documents are word-searchable and there are documents

7 in there from Cahill Gordon, I should be able to find

8 them. Correct?

9 MR. FARRELL: Objection to form,

10 foundation, calls for speculation.

11 THE WITNESS: Again, I just don't know

12 because I haven't done it. You can do word searches.

13 I know that.

14 BY MR. PLACITELLA:

15 Q. Are you limited to the words you can

16 search?

17 MR. FARRELL: Objection to form.

18 THE WITNESS: Not that I know of. I

19 don't --

20 BY MR. PLACITELLA:

21 Q. Then can you only search "asbestos" and

22 not "Cahill Gordon"?

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46 (Pages 714 to 717)

Page 714

1 MR. FARRELL: Objection to form.

2 THE WITNESS: I don't know. I don't

3 think so, but I don't know.

4 BY MR. PLACITELLA:

5 Q. If we wanted to find all the answers to

6 interrogatories that were filed by Engelhard or BASF

7 in a case, we should be able to just do a word

8 search. Right?

9 MR. FARRELL: Objection to form,

10 foundation, beyond the scope of the notice.

11 THE WITNESS: Again, it depends on what

12 you're looking for and what words you would use.

13 BY MR. PLACITELLA:

14 Q. How about "interrogatory"?

15 MR. FARRELL: Objection to form,

16 foundation, beyond the scope of the notice.

17 THE WITNESS: I haven't done it myself,

18 so, I can't say specifically whether "interrogatory"

19 would come up. It's a word search, so I would think

20 so, but I don't know.

21 BY MR. PLACITELLA:

22 Q. What about all the motions filed with

Page 715

1 courts, papers filed with courts? Presumably, we

2 should be able to find that too. Correct?

3 MR. FARRELL: Same objection. Beyond the

4 scope of the notice.

5 THE WITNESS: Again, I don't know. It

6 depends on what the word you use and what you are

7 searching for, I guess.

8 BY MR. PLACITELLA:

9 Q. So, if I typed in the word "summary

10 judgment," I should be able to find that as easy as I

11 could find "EMTAL," if the words existed in the

12 database. Correct?

13 MR. FARRELL: Objection to form,

14 foundation, beyond the scope.

15 Do you have any questions that actually

16 relate to this?

17 MR. PLACITELLA: Yes. They all relate.

18 They all relate.

19 MR. FARRELL: How do they relate to the

20 searches we conducted to put these boxes here in the

21 room with you?

22 BY MR. PLACITELLA:

Page 716

1 Q. Can you answer it?

2 MR. FARRELL: I'll take that as you can't

3 tell me.

4 MR. PLACITELLA: I'll take it as I'm not

5 answering your question. You can ask me as many as

6 you want.

7 MR. FARRELL: Got it. I assume, then,

8 you don't have an answer.

9 MR. PLACITELLA: Okay.

10 THE WITNESS: I haven't done it myself.

11 You can do word searches, I know that, and I've seen

12 some run as examples.

13 BY MR. PLACITELLA:

14 Q. Are you aware as to whether Engelhard or

15 BASF ever conducted an internal investigation to

16 determine whether original evidence was destroyed

17 pursuant to the March 7, 1984 memo from Dr. Hemstock?

18 MR. FARRELL: Objection to form,

19 foundation.

20 THE WITNESS: I'm sorry. Could you

21 repeat the question?

22 BY MR. PLACITELLA:

Page 717

1 Q. Sure. Are you aware as to whether

2 Engelhard or BASF ever conducted an internal

3 investigation to determine whether original evidence

4 was destroyed pursuant to the March 7, 1984 memo

5 issued by Dr. Hemstock that we discussed on day one?

6 MR. FARRELL: And this is getting very

7 close to the line of privileged information. It's a

8 yes-or-no answer as to whether you know one way or

9 the other, and that's it, Mr. Steinmetz.

10 THE WITNESS: I don't know.

11 BY MR. PLACITELLA:

12 Q. Do you know whether Engelhard ever

13 concluded that original evidence was destroyed

14 pursuant to the 1984 Hemstock memo?

15 MR. FARRELL: Objection to form and

16 foundation.

17 THE WITNESS: No, I don't know.

18 BY MR. PLACITELLA:

19 Q. Okay. The documents from the physical

20 testing box, do you have them, that we marked this

21 morning?

22 A. I don't have these -- yes. I have these,

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47 (Pages 718 to 721)

Page 718

1 yes.

2 Q. So, just showing you 32, 33, and 34.

3 As it relates to the evidence, P-32

4 through 34, which are the documents relating to the

5 testing of EMTAL talc for asbestos that came from the

6 Box No. Exhibit 5. Are you with me?

7 A. Yes.

8 Q. Do you have any of the underlying data

9 that goes with those exhibits, for example, the

10 x-ray -- the x-ray printouts or photomicrographs or

11 anything like that?

12 MR. FARRELL: Objection to form and

13 foundation.

14 THE WITNESS: We have summaries of some

15 of the information. We don't have photomicrographs,

16 but we have, for example, lab notebook entries

17 related to this type of -- to this -- to these

18 documents.

19 BY MR. PLACITELLA:

20 Q. Okay. Other than what's in 32, 33, and

21 34, P-15, and the lab notebooks, are you aware of any

22 other documents in the custody and control of BASF

Page 719

1 relating to the testing of EMTAL talc or ore for

2 asbestos?

3 MR. FARRELL: Objection to form,

4 foundation.

5 THE WITNESS: Yes. There are some

6 published documents that weren't included in that

7 compendium or the compilation because that was a

8 compilation of Engelhard testing. But there are some

9 published documents, published articles that dealt

10 with surveys of the Johnson site.

11 BY MR. PLACITELLA:

12 Q. Okay, fair enough.

13 So, let me ask the question this way:

14 Other than Exhibits 32, 33, 34, what is ever in P-15,

15 and the lab notebooks, are you aware of any other

16 documents generated by or requested by Engelhard

17 concerning the testing of EMTAL talc for asbestos?

18 MR. FARRELL: Objection to form and

19 foundation.

20 THE WITNESS: I'm sorry. What timeframe

21 are we talking about here?

22 BY MR. PLACITELLA:

Page 720

1 Q. At any time that Engelhard -- by

2 Engelhard, at any time.

3 MR. FARRELL: Objection to form,

4 foundation, overbroad.

5 THE WITNESS: Well, if we include going

6 forward until now, we obviously have tested some of

7 the samples that we have that we've talked about

8 earlier today.

9 BY MR. PLACITELLA:

10 Q. Yes. But I'm not talking about the

11 litigation samples that we talked about today. I'm

12 talking about testing that was done by or on behalf

13 of Engelhard, not BASF or their lawyers. All right?

14 So, let me rephrase it.

15 I'm referring now specifically to testing

16 done by or on behalf of Engelhard relating to the

17 testing of EMTAL talc or ore for asbestos.

18 Are you aware of anything other than

19 P-32, 33, 34, whatever is in P-15, and the lab

20 notebooks?

21 MR. FARRELL: Objection to form,

22 foundation, overbroad.

Page 721

1 THE WITNESS: I don't know everything

2 that was in the compilation because there was

3 privileged information in there. So, I don't know

4 everything that was in there.

5 Based on what I know, there are -- yes,

6 there are several dozen, hundreds -- hundreds of

7 documents that we've produced are what we have from

8 those sources.

9 BY MR. PLACITELLA:

10 Q. So, nothing other than I've just

11 identified.

12 MR. FARRELL: Objection to form,

13 foundation, overbroad, harassing the witness.

14 THE WITNESS: Nothing that I can think of

15 right now.

16 BY MR. PLACITELLA:

17 Q. Okay. And now, you said there were --

18 you believe there was certain information withheld

19 from you that might relate to the testing of asbestos

20 and EMTAL talc. Is that what you said?

21 MR. FARRELL: Objection to form.

22 THE WITNESS: I said I don't know what's

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Page 722

1 in those privileged documents. That's all.

2 BY MR. PLACITELLA:

3 Q. Did you ask to see them?

4 A. I was told you can't see them.

5 Q. Why not? You've a representative of

6 BASF. Maybe I can't see them, but why can't you see

7 them?

8 MR. FARRELL: Objection to form,

9 foundation.

10 THE WITNESS: I don't know. I'm not a

11 lawyer.

12 BY MR. PLACITELLA:

13 Q. Did you ask to see them?

14 A. No.

15 MR. FARRELL: Objection to form and

16 foundation.

17 THE WITNESS: No. I was told that I

18 wouldn't be seeing them.

19 BY MR. PLACITELLA:

20 Q. So, you don't know whether they would be

21 germane to your testimony here or not.

22 MR. FARRELL: Objection to form and

Page 723

1 foundation.

2 THE WITNESS: I trust that my counsel

3 prepared me for this.

4 BY MR. PLACITELLA:

5 Q. What does that mean?

6 A. I trust that they gave me what I needed

7 and what was necessary for me to answer your

8 questions.

9 Q. Have you reviewed any type of privilege

10 log to see if anything on the privilege log was

11 withheld from you from P-15?

12 A. I've seen the privilege log. I didn't

13 see anything that stood out, but I didn't look at it

14 in that context.

15 Q. Okay. On the first day --

16 We should probably just mark this for

17 completeness.

18 BY MR. PLACITELLA:

19 Q. In the notice on P-12, No. 8 asks for all

20 notes, samples, reports, photographs or other

21 printouts relating to the testing by William Glassley

22 in the Westfall case and the Martin case.

Page 724

1 I'll give it to you.

2 A. Thank you. Yes.

3 Q. And when I asked you about it last time,

4 you said you weren't sure what you produced. You

5 were going to go look. Did you have an opportunity

6 to do that?

7 A. I did, and I think that everything that

8 we've produced -- that we have, was originally

9 produced by you at some point.

10 Q. So, other than the documents that came

11 from my office, you did not find any evidence in the

12 files of BASF related to Dr. Glassley?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: I'm sorry. Could you

16 repeat that?

17 BY MR. PLACITELLA:

18 Q. Yes. Other than the documents that my

19 office produced at Dr. Glassley's deposition -- you

20 read that deposition. Correct?

21 A. Yes.

22 Q. Other than the documents my office

Page 725

1 produced at the Glassley deposition, BASF has located

2 no documents in their historical litigation files

3 related to Dr. Glassley?

4 MR. FARRELL: Objection to form and

5 foundation.

6 THE WITNESS: I don't know. There may be

7 documents that mention his name. I don't know that.

8 For example, I don't know -- I'm sure

9 there are documents that mention his name, but as far

10 as I know, there are no documents attributable to him

11 that we found in our files.

12 BY MR. PLACITELLA:

13 Q. Well, do you have documents where you saw

14 his name but he didn't author?

15 A. I haven't seen it. I just say there may

16 be some. I haven't seen them.

17 For example, I would think there are

18 documents that list different depositions that have

19 been taken. His name may be on there. I don't know.

20 This is speculation on my part.

21 Q. Okay. You recall that the plaintiff in

22 the Westfall case hired Dr. Glassley as his expert?

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 49 of 104 PageID:

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49 (Pages 726 to 729)

Page 726

1 A. Yes. I recall that.

2 Q. And when you went and looked and produced

3 whatever was left from the Westfall litigation file,

4 there was nothing in that file relating to the work

5 of Dr. Glassley. Is that fair?

6 A. As I mentioned last time, I didn't go

7 through every page in there. So, I can't say that I

8 looked at every single page in every one of those

9 boxes, but I haven't seen anything that came from

10 there that was from Glassley.

11 Q. Do you recall that he testified that he

12 traveled to the Johnson mine and collected ore

13 samples from outside the entrance to the mine?

14 A. Yes, I --

15 MR. FARRELL: Objection to form.

16 THE WITNESS: Yes. I remember that.

17 BY MR. PLACITELLA:

18 Q. And he testified that he ran tests on the

19 samples he gathered, including sending the samples

20 out to an outside laboratory.

21 MR. FARRELL: Objection to form.

22 THE WITNESS: Yes. I remember he

Page 727

1 testified about samples, but he didn't give much

2 detail on where he found them, how he picked them up,

3 what he did with them after he found them, how he

4 kept control of them as a chain of custody.

5 BY MR. PLACITELLA:

6 Q. Do you recall that Dr. Glassley testified

7 that, in the samples he looked at, he found

8 chrysotile asbestos --

9 MR. FARRELL: Objection to form.

10 BY MR. PLACITELLA:

11 Q. -- from the samples from that mine?

12 MR. FARRELL: Objection to form,

13 foundation, beyond the scope of the notice.

14 THE WITNESS: I'd have to read the

15 testimony again. I know he reported on what he

16 found. Before I say "yes" or "no," I would have to

17 look at it again to confirm.

18 MR. PLACITELLA: Why don't you mark that

19 next.

20 ( Exhibit

21 No. ,

22 , w

Page 728

1 marked for identification.).

2 BY MR. PLACITELLA:

3 Q. Could you -- you've seen this deposition

4 of Dr. Glassley before. Correct?

5 MR. FARRELL: Do you have a copy for me,

6 Mr. Placitella?

7 MR. PLACITELLA: No. I only brought two.

8 Sorry. I'm sure you have it, though.

9 MR. FARRELL: So, the Court's instruction

10 about bringing copies of the documents was optional

11 for you, I guess?

12 MR. PLACITELLA: Mr. Farrell, I'm not

13 going to respond to you. I brought 200 pounds of

14 documents here. You have documents that originated

15 in New Jersey from a New Jersey corporation. You

16 decided to take them outside of the state. I

17 traveled here two times to D.C. at your convenience.

18 No complaint. If I had to bring three copies of

19 every document, I physically could not do it. So, I

20 brought them on the train with me. I am sure you

21 have copies here since you have everything here. If

22 you want to break for two minutes, we'll get your

Page 729

1 copies of Mr. Glassley's deposition. I'm happy to

2 wait.

3 MR. FARRELL: I'm just noting the fact

4 that the Court asked you to bring copies of all of

5 the documents, and you have not done so.

6 MR. PLACITELLA: I know exactly what the

7 Court said, and it's on the record. So, if you want

8 to take a break and get the transcript because you

9 think you're at a disadvantage, although counsel has

10 it probably up on her Thinkpad in front of me, that's

11 fine.

12 So, do we need to take a break or can I

13 just ask the question?

14 MR. FARRELL: I'll take a look at the

15 copy that Mr. Steinmetz is looking at.

16 MR. PLACITELLA: Okay.

17 BY MR. PLACITELLA:

18 Q. I'm just asking you: Is this the

19 deposition you reviewed before?

20 A. I am just looking at it because it's been

21 a couple of weeks, and I just want to make sure it's

22 the same one.

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 50 of 104 PageID:

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50 (Pages 730 to 733)

Page 730

1 Q. Okay. Sure.

2 (Witness reviews the document.)

3 A. I believe this is the one.

4 Q. Okay. I'm referring you to page 74 of

5 the transcript where Mr. Farrell asks Dr. Glassley:

6 "Yes, and let me ask it more precisely.

7 You were prepared to testify in the Westfall case

8 that EMTAL talc contained chrysotile asbestos without

9 having seen internal Engelhard documents that discuss

10 whether EMTAL talc contained asbestos. True?

11 "ANSWER: I was willing to testify that

12 the talc samples from the Johnson mine contained

13 chrysotile asbestos."

14 Does that refresh your memory?

15 A. I -- I am seeing it, and I believe this

16 is it.

17 MR. FARRELL: Objection to form,

18 foundation, beyond the scope of the notice.

19 MR. PLACITELLA: It's not beyond. We'll

20 get there.

21 BY MR. PLACITELLA:

22 Q. Is it your understanding that --

Page 731

1 MR. FARRELL: How does it relate to the

2 location of Dr. Glassley's notes, what his testimony

3 in the case is going to be?

4 MR. PLACITELLA: I will get there.

5 BY MR. PLACITELLA:

6 Q. So --

7 MR. FARRELL: We have put in 15 minutes

8 of new ground today and four hours of material that

9 is either beyond the scope of the notice or you have

10 already covered.

11 MR. PLACITELLA: Probably I would finish

12 a lot earlier if you didn't testify for about a half

13 hour already. But let's just keep going, okay?

14 MR. FARRELL: We could have been finished

15 after day two.

16 MR. PLACITELLA: Well, I don't think so,

17 and obviously the judge didn't think so.

18 BY MR. PLACITELLA:

19 Q. So, am I correct that, as a condition of

20 settlement in the Westfall case, Dr. Glassley was

21 forced to give back his scientific data?

22 MR. FARRELL: Objection to form and

Page 732

1 foundation.

2 THE WITNESS: I know that there was a

3 document that called for the return of certain

4 documents from the -- from the case. Glassley

5 testified that he gave some of it back to his

6 attorney. He also -- to the plaintiff's attorney.

7 He also kept material on his own. He couldn't

8 remember what exactly, but he did keep enough to

9 write a pretty lengthy report ten years later.

10 BY MR. PLACITELLA:

11 Q. I'm going to get to all of that.

12 Am I correct that Glassley, over his

13 objection, was forced to return to the plaintiff's

14 lawyer in the Westfall case his samples and

15 underlying scientific data?

16 MR. FARRELL: Objection to form and

17 foundation.

18 THE WITNESS: Over his objection, I would

19 have to read specifically how he said it.

20 BY MR. PLACITELLA:

21 Q. Okay. Let's look at page 89 of his

22 deposition. Do you see that?

Page 733

1 A. Yes.

2 Q. He's asked about an exhibit by

3 Mr. Farrell, Exhibit 5, which is his report, the

4 summary of what you did in the Westfall case.

5 "Does the summary describe -- document

6 describe all the analyses you did in connection with

7 Westfall?

8 "ANSWER: I believe so.

9 "Have you tested samples of Johnson ore

10 or talc at any other time?

11 "No.

12 "What happened to the five samples that

13 you collected from the area around the Johnson mine?

14 "ANSWER: Ultimately, I sent them back to

15 Mr. Prentiss."

16 Does that refresh your memory of what

17 happened to those samples?

18 MR. FARRELL: Objection to form,

19 foundation, misstates Dr. Grassley's testimony.

20 THE WITNESS: That's what they -- that's

21 what you read.

22 BY MR. PLACITELLA:

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 51 of 104 PageID:

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51 (Pages 734 to 737)

Page 734

1 Q. Okay. And if you go to page 94, he's

2 asked:

3 "Of the data that you generated at the

4 time of the Westfall case, you mentioned earlier some

5 of it you wanted to keep.

6 "QUESTION: Tell me what -- which of the

7 data that you would have wanted to keep after

8 Westfall.

9 "I would have wanted to keep the

10 photographic plates from the TEM work, the electron

11 microprobe data, the printouts, those runs. Those

12 would have been the key things, those two things."

13 Do you see that?

14 A. I see it, yes.

15 Q. Okay. And do you see, on the next page,

16 96, he said that he also sent samples to Rudolph

17 von Huene to prepare sections. Do you see that?

18 A. I see that, yes.

19 Q. And you earlier said that Dr. Glassley

20 kept some of his material, but he wasn't sure what

21 that was. Was that your testimony?

22 MR. FARRELL: Objection to form,

Page 735

1 foundation. His testimony speaks for itself.

2 THE WITNESS: That was what I remembered

3 from reading it, that he wasn't clear on exactly what

4 he had kept and -- and what had happened to it after

5 he lost it.

6 BY MR. PLACITELLA:

7 Q. So, let's go to page 38.

8 Do you see where it says, "Did you tell

9 Mr. Prentiss you wanted to keep all these materials

10 you had during the Westfall case"?

11 "I told him I wanted to keep some of the

12 material. There was some stuff I didn't care that

13 much about that wasn't basic fundamental data, but

14 some of it I wanted to.

15 "Which stuff didn't you care much about?

16 "Letters that were correspondence between

17 us, record of time spent on things, billing issues.

18 I think there was some Xerox copies of publications,

19 I can always reproduce those, things like that.

20 "Anything else?"

21 He says, "Not that I recall."

22 Then he said, "What materials did you

Page 736

1 keep?"

2 And he said, "The only thing I had left

3 was my field notebook. I told him that I really did

4 not want to submit those because the field notebook

5 contained information not only about my visit to the

6 Johnson mine and Windham but also information from

7 all of my other, the work I was doing in the San Juan

8 Islands in Washington State, work I was doing in the

9 other parts of New York State and Vermont. They were

10 my field notes. Those were -- I was not going to

11 give those up if I could avoid it."

12 Do you see that?

13 A. Yes, I see it.

14 Q. Does that refresh your memory as to what

15 documents Dr. Glassley kept in his possession related

16 to a study at the Vermont mine?

17 MR. FARRELL: Objection to form,

18 foundation. Dr. Glassley's testimony speaks for

19 itself. Beyond the scope.

20 Go ahead.

21 THE WITNESS: All right. At this point,

22 he says he only had his field notebook. I think

Page 737

1 later on his testimony evolved to where he said there

2 was other information that he must have had in order

3 to write the report that he wrote in 1992.

4 BY MR. PLACITELLA:

5 Q. I'm going to get to that. I'm just

6 talking about the documents that he turned back over

7 to Mr. Prentiss.

8 What investigation did you do to

9 determine what happened to the documents that he

10 turned over to Mr. Prentiss that he had to give back

11 to Engelhard?

12 MR. FARRELL: Objection to form,

13 foundation.

14 THE WITNESS: I -- I didn't do anything,

15 and I don't even know what he turned back, based on

16 his testimony.

17 BY MR. PLACITELLA:

18 Q. Well, he says he turned back his

19 notebooks, samples, and photomicrographs. Correct?

20 MR. FARRELL: Objection to form,

21 foundation.

22 BY MR. PLACITELLA:

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Page 738

1 Q. That's what it says.

2 MR. FARRELL: Objection to form and

3 foundation.

4 THE WITNESS: And then later on he says

5 he kept things, and it was enough to write a report.

6 And I just don't know what those things that he kept

7 were.

8 BY MR. PLACITELLA:

9 Q. Sir, did BASF or Engelhard ever take

10 possession of Dr. Glassley's notebook, samples, or

11 photomicrographs at the conclusion of the Westfall

12 case?

13 MR. FARRELL: Objection to form,

14 foundation, beyond the scope of the notice.

15 THE WITNESS: I -- I don't know that.

16 BY MR. PLACITELLA:

17 Q. Why don't you know that?

18 MR. FARRELL: Same objections.

19 THE WITNESS: Because I don't know what

20 he turned back.

21 BY MR. PLACITELLA:

22 Q. He said -- he testified what he turned

Page 739

1 back.

2 MR. FARRELL: Objection to form,

3 foundation, beyond the scope, harassing the witness,

4 asked and answered, not just today but also when we

5 were here for two days two weeks ago.

6 THE WITNESS: Then, if he said that, that

7 speaks for itself. But as I mentioned, later on in

8 his testimony it appears he kept a lot more things.

9 BY MR. PLACITELLA:

10 Q. Well, that was in the Martin case where

11 some things popped up. Right? That wasn't in the

12 Westfall case.

13 MR. FARRELL: Objection to form,

14 foundation --

15 MR. PLACITELLA: We're going to get

16 there.

17 MR. FARRELL: -- beyond the scope,

18 argumentative.

19 BY MR. PLACITELLA:

20 Q. Sir, what did BASF or Engelhard do with

21 the scientific data that was turned back over and the

22 samples that were turned back over by Dr. Glassley to

Page 740

1 their lawyers? Do you know?

2 MR. FARRELL: Objection to form and

3 foundation.

4 THE WITNESS: No, I don't know.

5 BY MR. PLACITELLA:

6 Q. Did you ask?

7 A. I don't know if I specifically asked.

8 We've talked about it, and I know that there was a

9 letter or a stipulation for destroying that. I just

10 don't know personally whether it was actually

11 destroyed.

12 Q. Well, that stipulation had nothing to do

13 with Dr. Glassley's samples. Correct?

14 MR. FARRELL: Objection.

15 BY MR. PLACITELLA:

16 Q. That had to do with information that was

17 generated by Engelhard. Correct?

18 MR. FARRELL: Objection to form,

19 foundation, beyond the scope.

20 THE WITNESS: I don't know. And once

21 again, I don't know if he turned those things back

22 over.

Page 741

1 MR. PLACITELLA: Well, can I have P-12,

2 please?

3 BY MR. PLACITELLA:

4 Q. Do you have it?

5 A. I don't have it there.

6 Q. You understand you were asked to testify

7 specifically about the samples, the reports, and the

8 data that Dr. Glassley had in his possession?

9 MR. FARRELL: Objection to form,

10 misstates the notice.

11 BY MR. PLACITELLA:

12 Q. You were asked to be prepared to talk

13 about the destruction or loss of any and all notes,

14 samples, reports, and photographs relating to the

15 testing by William Glassley in the Westfall case and

16 the Martin case. Correct?

17 A. That's what the -- that's what the

18 document states. And, again, I don't know if they

19 were destroyed. I don't know if they were even

20 turned back. That's my problem.

21 Reading his testimony, he started out

22 saying he had turned everything back, and then later

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 53 of 104 PageID:

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Page 742

1 on it turned out that he hadn't because he was able

2 to write a report. So, I just don't know.

3 Q. Well, what investigation did you

4 undertake in order to comply with the court order to

5 make those determinations?

6 MR. FARRELL: Objection to form,

7 foundation, harassing the witness.

8 THE WITNESS: I read Glassley's

9 testimony, and we haven't found those documents or

10 those samples. So, that's all I can say.

11 BY MR. PLACITELLA:

12 Q. But the Court ordered you to be prepared

13 to testify concerning the location of all notes,

14 samples, reports, and photographs relating to the

15 testing of William Glassley.

16 What did you do in order to investigate

17 and be prepared to testify today about those issues?

18 MR. FARRELL: Objection to form,

19 foundation, asked and answered at least a half dozen

20 times, harassing the witness.

21 THE WITNESS: I read the testimony,

22 looked at what we have, been able to find things, and

Page 743

1 spoke with counsel.

2 BY MR. PLACITELLA:

3 Q. Did counsel -- when you spoke to counsel,

4 did he tell you that -- did you ask him what happened

5 to the stuff?

6 MR. FARRELL: Objection -- objection to

7 form and foundation.

8 THE WITNESS: Not this specifically, no.

9 BY MR. PLACITELLA:

10 Q. Why not? That's what the court order

11 said. You are supposed to come here and talk about

12 that. Why wouldn't you ask him?

13 MR. FARRELL: Objection to form,

14 foundation, harassing the witness, asked and

15 answered.

16 THE WITNESS: Because I don't know the

17 location, because I don't know. We haven't found

18 them.

19 BY MR. PLACITELLA:

20 Q. And you don't know whether those -- that

21 material was destroyed?

22 MR. FARRELL: Objection to form,

Page 744

1 foundation, harassing the witness, asked and

2 answered.

3 THE WITNESS: I don't personally know.

4 BY MR. PLACITELLA:

5 Q. And counsel didn't tell you what happened

6 to it. Is that fair?

7 MR. FARRELL: Same objections, asked and

8 answered, harassing the witness.

9 THE WITNESS: I -- I just don't know what

10 happened to them.

11 BY MR. PLACITELLA:

12 Q. Do you know whether anyone at Engelhard

13 ever took control of Glassley's scientific data?

14 MR. FARRELL: Objection to form,

15 foundation, asked and answered.

16 THE WITNESS: I don't know. Again, I

17 don't know what he actually turned in, if he turned

18 it in. I presume somebody did, but I just don't

19 know.

20 BY MR. PLACITELLA:

21 Q. You have in front of you P-25?

22 A. Yes.

Page 745

1 Q. This is the request for admission

2 responses from BASF in this case?

3 A. Yes.

4 Q. You saw these the last time?

5 A. Yes.

6 Q. In preparing for today, did you go back

7 and look at them?

8 A. I'm sure I reviewed them at some point,

9 yes.

10 Q. Can you go to page 49, which is Request

11 No. 93?

12 A. Yes.

13 Q. Do you see No. 93 says, "At the

14 conclusion of the Westfall case, the samples

15 collected by William Glassley were turned over to

16 counsel for Engelhard."

17 And on the bottom, it says, "BASF admits

18 that certain samples collected by Dr. Glassley were

19 turned over to counsel for Engelhard." Do you see

20 that?

21 A. Yes.

22 Q. And counsel never told you that, in

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Page 746

1 preparation for your deposition, that they already

2 provided these answers?

3 MR. FARRELL: Objection to form and

4 foundation. He just said that he had this document

5 and looked at it as part of his preparation.

6 MR. PLACITELLA: I hear you.

7 BY MR. PLACITELLA:

8 Q. Go ahead.

9 A. Yeah. And it said pursuant to the

10 stipulations that I mentioned earlier. And I

11 mentioned earlier that I don't doubt that he turned

12 some over. I just can't identify what exactly he

13 turned. So, I don't know if he turned over the

14 photomicrographs or the -- or the samples.

15 Q. Well, you were supposed to investigate

16 and come here to testify. Why would you not know

17 what BASF has already admitted in responses to

18 discovery in this case --

19 MR. FARRELL: Objection to form.

20 BY MR. PLACITELLA:

21 Q. -- if you were prepared to testify?

22 MR. FARRELL: Objection to form,

Page 747

1 foundation, argumentative.

2 Why are you wasting 15 minutes on

3 something that's been admitted in an RFA? We covered

4 this today, on day two, day one, and it's been

5 admitted in an RFA.

6 Do you have something new to cover?

7 BY MR. PLACITELLA:

8 Q. Sir, can you answer my question, why you

9 don't know this information?

10 A. It just -- it says that certain samples

11 were collected. I'm not disputing that.

12 Q. It says that samples were collected.

13 Correct?

14 A. Per the stipulation, yes.

15 Q. Okay. It says that -- the next one, 94,

16 says that photographs relating to the testing by

17 Glassley were turned -- turned over to Engelhard.

18 Correct?

19 A. Yes.

20 Q. And they admit that. Correct?

21 MR. FARRELL: Objection to form,

22 foundation.

Page 748

1 THE WITNESS: It says certain photographs

2 were turned over.

3 BY MR. PLACITELLA:

4 Q. And No. 5 says that Dr. Glassley's notes

5 relating to the testing performed at the Johnson mine

6 were turned over to counsel for Engelhard. Correct?

7 MR. FARRELL: Objection to form,

8 foundation.

9 THE WITNESS: Again, it says certain

10 notes. Again, I don't know what ones.

11 BY MR. PLACITELLA:

12 Q. Did you ask?

13 A. No.

14 Q. In light of these admissions, you never

15 asked in order to prepare for today's testimony?

16 MR. FARRELL: Objection to form,

17 foundation, argumentative, harassing the witness.

18 THE WITNESS: No. I guess, because they

19 had already been admitted, there was no need to --

20 BY MR. PLACITELLA:

21 Q. No need to prepare you on it even though

22 the Court said --

Page 749

1 MR. FARRELL: Excuse me.

2 BY MR. PLACITELLA:

3 Q. -- that you should be ready to talk about

4 it, sir?

5 MR. FARRELL: The witness is answering

6 your question, and you're interrupting him. You're

7 also harassing him. You've covered this on three

8 different days. It's been admitted in an RFA, which

9 means there is no point in these questions at all.

10 If you're going to waste time covering

11 all this, despite what you told the Court about the

12 need for a third day, you should at least give

13 Mr. Steinmetz the courtesy of answering your question

14 without interrupting him with your harassment and

15 your bullying of him.

16 MR. PLACITELLA: Are you done now?

17 MR. FARRELL: Do you have an actual new

18 question to ask the witness?

19 MR. PLACITELLA: Are you done now?

20 MR. FARRELL: I'm finished. Do you have

21 a new question?

22 MR. PLACITELLA: Are you done now? Just

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Page 750

1 tell me when you're done, and I'll ask my next

2 question.

3 MR. FARRELL: I'm finished.

4 MR. PLACITELLA: Thank you very much.

5 BY MR. PLACITELLA:

6 Q. Is this the first time you're finding out

7 that Dr. Glassley turned over his photographs,

8 samples, and notes of the testing he did in Westfall?

9 MR. FARRELL: Objection to form,

10 foundation, misstates Mr. Steinmetz's testimony.

11 THE WITNESS: No. As I said, I've read

12 this before. I read his deposition. But reading his

13 deposition, it's not clear exactly what he turned

14 over or what he kept on his own. That's all.

15 BY MR. PLACITELLA:

16 Q. Can you go to 96, please.

17 Do you see where it says, "Engelhard or

18 its attorneys destroyed or disposed of all Johnson

19 mine ore samples tested by Dr. William Glassley in

20 the Westfall case"?

21 A. Yes.

22 Q. And they say -- they admit that at least

Page 751

1 certain of Dr. Glassley's talc samples were

2 destroyed. You never knew that before today?

3 MR. FARRELL: Objection to form,

4 foundation, misstates Mr. Steinmetz's testimony.

5 THE WITNESS: Again, I obviously didn't

6 remember everything in this document. I'm reading

7 it, and it says they were destroyed. Some of them

8 were. It doesn't say all of them, but certain talc

9 samples.

10 BY MR. PLACITELLA:

11 Q. Do you see No. 99 where Dr. Glassley's

12 notes were destroyed?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: It says certain of them,

16 yes.

17 BY MR. PLACITELLA:

18 Q. It says, "BASF admits that certain of

19 Dr. Glassley's note were turned over to counsel for

20 Engelhard and destroyed pursuant to the stipulation

21 and confidentiality order in place."

22 Do you see that?

Page 752

1 A. Yes.

2 MR. FARRELL: Objection to form and

3 foundation.

4 BY MR. PLACITELLA:

5 Q. What did you do to determine what was

6 destroyed?

7 MR. FARRELL: Same objections.

8 THE WITNESS: As I mentioned before, my

9 preparation was to talk to counsel, read the Glassley

10 testimony.

11 BY MR. PLACITELLA:

12 Q. So, did you ask counsel whether any of

13 the evidence was destroyed by BASF or Engelhard?

14 MR. FARRELL: Objection to form and

15 foundation.

16 THE WITNESS: It already says in here

17 that some was.

18 BY MR. PLACITELLA:

19 Q. But did you ask in preparing for today's

20 deposition?

21 MR. FARRELL: Same objections.

22 THE WITNESS: We met for a few days. I

Page 753

1 don't remember specifically what I asked about that.

2 BY MR. PLACITELLA:

3 Q. Do you see on No. 102, which you have up

4 here, that the photographs of Dr. Glassley were

5 destroyed?

6 MR. FARRELL: Objection to form and

7 foundation.

8 THE WITNESS: It says that certain of his

9 photographs were turned over. Again, I don't know

10 what ones or what he had.

11 BY MR. PLACITELLA:

12 Q. Did you ask?

13 A. No.

14 Q. Who was it at Engelhard that destroyed

15 this evidence?

16 MR. FARRELL: Objection to form and

17 foundation.

18 THE WITNESS: I don't know that myself.

19 BY MR. PLACITELLA:

20 Q. Did you ask?

21 MR. FARRELL: Objection to form and

22 foundation, assumes facts.

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Page 754

1 THE WITNESS: No.

2 BY MR. PLACITELLA:

3 Q. Without that evidence, how do we know

4 whether it's important or not?

5 MR. FARRELL: Objection to form,

6 foundation.

7 THE WITNESS: I don't know.

8 MR. FARRELL: Are you moving to something

9 else, Mr. Placitella?

10 MR. PLACITELLA: Do you need to take a

11 break?

12 MR. FARRELL: I would like to if you are

13 changing topics.

14 MR. PLACITELLA: I can take a break any

15 time you want.

16 MR. FARRELL: Let's take a break.

17 THE VIDEOGRAPHER: The time is now

18 2:36 p.m. We are going off the record.

19 (Recess taken.)

20 THE VIDEOGRAPHER: The time is now

21 2:58 p.m. We are back on the record.

22 MR. PLACITELLA: So, for the record, we

Page 755

1 broke at 2:36, and it is now 2:58 p.m.

2 BY MR. PLACITELLA:

3 Q. You had indicated that documents were

4 collected and destroyed and evidence was collected

5 and destroyed pursuant to a stipulation. Do you

6 recall that?

7 MR. FARRELL: Objection to form.

8 THE WITNESS: Yes. That was in the

9 admissions, yes.

10 ( Exhibit

11 No. ,

12 , w

13 marked for identification.).

14 BY MR. PLACITELLA:

15 Q. I am going to show you what's been marked

16 Exhibit 42.

17 MR. FARRELL: Do you have a copy of me,

18 Mr. Placitella?

19 MR. PLACITELLA: Yes, I do, because it

20 was light.

21 BY MR. PLACITELLA:

22 Q. Exhibit 42 is the stipulation and

Page 756

1 confidentiality order entered in the Westfall case.

2 Do you see that?

3 A. Yes.

4 Q. Okay. Now, can you turn to page 3,

5 please.

6 A. Yes.

7 Q. Paragraph 2.

8 Do you see where it says, "This

9 stipulation shall be applicable to govern all

10 documents, including any transcripts of depositions

11 of Engelhard hereto or hereafter furnished by or on

12 behalf of Engelhard to the attorneys for any of the

13 parties to the above-captioned action"?

14 A. Yes.

15 Q. And do you see, under 4A, it talks about

16 documents furnished by Engelhard?

17 MR. FARRELL: Objection to form.

18 THE WITNESS: Yes, I see that.

19 BY MR. PLACITELLA:

20 Q. Can you go to the number F on page 5?

21 A. Yes.

22 Q. It says, "At the conclusion of all

Page 757

1 proceedings herein, all documents subject to the

2 terms of the stipulation shall be returned to Cahill

3 Gordon."

4 Do you see that?

5 A. Yes.

6 Q. There is nothing in the stipulation that

7 says that the plaintiff's lawyer has to turn over the

8 results from his own expert, is there?

9 MR. FARRELL: Objection to form,

10 foundation, beyond the scope.

11 THE WITNESS: I don't know. I mean, I

12 could read this whole document, but it's a legal

13 document, and I just wouldn't know.

14 BY MR. PLACITELLA:

15 Q. Oh, but you said the stuff was taken and

16 destroyed pursuant to his order. I don't see

17 anything in his order that says that you can destroy

18 the plaintiff's stuff. It just says that, if I'm

19 reading it right, that Engelhard could get their own

20 stuff back.

21 Can you show me anywhere in this order

22 where it says that you had the right to take other

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Page 758

1 evidence in the case back and destroy it?

2 MR. FARRELL: Objection to form,

3 foundation, beyond the scope. Misstates

4 Mr. Steinmetz's testimony.

5 Go ahead.

6 THE WITNESS: I didn't state as personal

7 knowledge that it was done per this stipulation. I

8 was reading from the document that said, from the

9 admissions that said certain documents or certain

10 samples were destroyed per the stipulation agreement.

11 BY MR. PLACITELLA:

12 Q. Can we take a minute? Can you look and

13 tell me where it says in this document that it was

14 okay to destroy evidence that came from the

15 plaintiff's expert? I don't see it anywhere.

16 MR. FARRELL: Objection to form,

17 foundation, beyond the scope.

18 THE WITNESS: I'm just not a lawyer. I

19 wouldn't be able to do that.

20 BY MR. PLACITELLA:

21 Q. So, what do you know about the Martin

22 case?

Page 759

1 A. Very little. That it was a case in the

2 1990s that had to do with EMTAL talc, very little

3 more than that, and that Glassley was involved in it.

4 Q. Well, what kind of investigation did you

5 find out -- did you conduct to find out about the

6 Martin case?

7 MR. FARRELL: Objection to form,

8 foundation, beyond the scope.

9 THE WITNESS: No specific investigation.

10 BY MR. PLACITELLA:

11 Q. Did you do anything?

12 MR. FARRELL: Objection to form,

13 foundation.

14 THE WITNESS: I worked with counsel to

15 prepare for this deposition in general. I didn't do

16 anything specific to that.

17 BY MR. PLACITELLA:

18 Q. Well, it says here, for example, pursuant

19 to the court order, that you were to come here and

20 talk about the location of all notes, samples,

21 reports, photographs related to the testimony by

22 William Glassley in the Martin case. Do you see

Page 760

1 that?

2 MR. FARRELL: Objection to form.

3 THE WITNESS: I'm not looking at it, but

4 I know you read it, yes.

5 BY MR. PLACITELLA:

6 Q. And the destruction or loss of any

7 evidence from the Martin case. Right?

8 MR. FARRELL: Objection to form,

9 foundation, misstates the notice.

10 THE WITNESS: I don't have that in front

11 of me, but I believe that you read that correctly.

12 BY MR. PLACITELLA:

13 Q. But you didn't do anything to find out

14 what happened to the evidence from the Martin case?

15 MR. FARRELL: Objection to form,

16 foundation, misstates the notice, misstates

17 Mr. Steinmetz's testimony, beyond the scope of the

18 notice.

19 THE WITNESS: As I mentioned before, I --

20 I've read his testimony. I talked to counsel about

21 what his testimony was in order to prepare for this.

22 BY MR. PLACITELLA:

Page 761

1 Q. So, you know what happened was that,

2 sometime after the Westfall case was settled and

3 Dr. Glassley's materials were turned over to counsel

4 for Engelhard, another case in Rhode Island was filed

5 called the Martin case, by a woman named Cuzzone.

6 Correct?

7 MR. FARRELL: Objection to form,

8 foundation.

9 THE WITNESS: I've seen the name. I -- I

10 wouldn't have known that that was necessarily the

11 Martin case, but I've seen the name Cuzzone, yes.

12 BY MR. PLACITELLA:

13 Q. Okay. And do you recall that what

14 happened in the Martin case was that Cuzzone got

15 ahold of some of the materials from the Westfall case

16 and hired Dr. Glassley. Right?

17 MR. FARRELL: Objection to form and

18 foundation.

19 THE WITNESS: Only what I saw in the --

20 in the testimony that Glassley gave. I know there

21 were a couple of exhibits that mentioned Cuzzone's

22 name and the potential source of those. That's all I

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Page 762

1 know about it from what was in his testimony.

2 BY MR. PLACITELLA:

3 Q. Well, you know what happened was, from

4 his testimony, that Cuzzone got some materials from

5 the Westfall case and ended up hiring Glassley in

6 that case. Correct?

7 MR. FARRELL: Objection to form,

8 foundation.

9 THE WITNESS: I don't remember that

10 specifically. I'm not saying it's not true. I just

11 don't remember it specifically.

12 BY MR. PLACITELLA:

13 Q. Can you take out Dr. Glassley's dep and

14 go to page 119.

15 A. Yes.

16 Q. Okay. This was Mr. Farrell asking him

17 questions.

18 It says, "Dr. Glassley, before we just

19 took a break, we were about to discuss the Martin

20 case and your work in that case with Elizabeth

21 Cuzzone. Do you recall that?

22 "ANSWER: Yes.

Page 763

1 "Do you remember approximately when

2 Ms. Cuzzone first contacted you?

3 "No.

4 "Tell me about your first communication

5 with Ms. Cuzzone.

6 "As I recall, she called me on the phone.

7 We had a brief chat. She asked me if I had

8 participated in the Westfall case. Other than that,

9 I don't recall what the conversation, where it went.

10 "QUESTION: So, when Ms. Cuzzone first

11 contacted you, she already knew about the Westfall

12 case?

13 "ANSWER: I believe so."

14 Does that refresh your memory?

15 MR. FARRELL: Objection to form and

16 foundation.

17 THE WITNESS: I remember reading this

18 now.

19 BY MR. PLACITELLA:

20 Q. Okay. And do you recall that Cuzzone

21 asked Mr. Glassley to do a report in the Martin case

22 based upon what he did in the Westfall case?

Page 764

1 MR. FARRELL: Objection to form,

2 foundation, asked and answered.

3 THE WITNESS: I recall that he did a

4 report for this case. I don't recall the specifics

5 of the testimony and how it was requested, but I do

6 know that he did do one, yes.

7 BY MR. PLACITELLA:

8 Q. Okay. And do you recall that Cuzzone had

9 certain evidence that she had gotten from the Martin

10 case, and she sent it to Glassley.

11 MR. FARRELL: Objection.

12 BY MR. PLACITELLA:

13 Q. Correct?

14 MR. FARRELL: Objection to form,

15 foundation, beyond the scope.

16 THE WITNESS: I don't know. I don't

17 recall that.

18 BY MR. PLACITELLA:

19 Q. Can you go to page 51, please, of the

20 Glassley dep. Actually, 50.

21 Do you see line 16, they're talking about

22 Exhibit 6 to his deposition, marked from the Westfall

Page 765

1 case, entitled "Plaintiff's Answers to

2 Interrogatories of Defendant Whittaker Clark &

3 Daniels."

4 "Do you see that?

5 "Yes, I do.

6 "The document appears to be dated

7 March 2, 1983. Do you see that last page? Have you

8 ever seen that document before?

9 "Yes.

10 "Have you ever seen it before?

11 "It was in material that Elizabeth

12 Cuzzone sent to me, and I believe it was something

13 that Mr. Prentiss had also sent to me."

14 Do you see that?

15 A. Yes.

16 Q. Okay. Then a little further down:

17 "Do you remember what Ms. Cuzzone told

18 you when she gave you the document we have marked as

19 Exhibit 6?

20 "My recollection is that she was

21 providing to me materials from the Westfall case and

22 wanted me to look at them.

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Page 766

1 "Did she provide you with any other

2 materials from the Westfall case?

3 "Much of what's here.

4 "When you say 'here,' you are referring

5 to the documents we have marked as Exhibits 3 and 4

6 to the deposition. Is that correct?

7 "ANSWER: That's correct."

8 Do you see that?

9 A. Yes.

10 Q. Okay. Then it goes on:

11 "If you would, Dr. Glassley, take a look

12 at the exhibits" -- this is Mr. Farrell -- "we have

13 marked so far, and I would like to know whether

14 Ms. Cuzzone, at the time of the Martin case, gave you

15 documents from the Westfall case other than those we

16 have marked as an -- as an exhibit to this

17 deposition.

18 "Not that I know of. Not that I recall.

19 This material -- this is material she did provide me.

20 I'm not certain it's everything that she provided

21 me."

22 Next page.

Page 767

1 "Let me ask you differently," Mr. Farrell

2 says, "a different way. We have now marked a handful

3 of documents that you have in your possession and one

4 that -- which we had marked as Exhibit 6 that I

5 presented to you that you said that Ms. Cuzzone gave

6 to you at the time of the Martin case."

7 "ANSWER: Correct."

8 Do you see that?

9 A. Yes.

10 Q. So, does that refresh your recollection

11 that Dr. Glassley was asked to prepare a report in

12 the Martin case using his own field notes plus

13 information provided to him by Ms. Cuzzone?

14 MR. FARRELL: Objection to form,

15 foundation, beyond the scope.

16 THE WITNESS: Yes, I'd have to read the

17 whole thing through. I just recall that, at the end

18 of the deposition, toward the end, he starts talking

19 about information that he had and that he had lost in

20 a move.

21 BY MR. PLACITELLA:

22 Q. And this case, I'll represent to you, was

Page 768

1 filed sometime in 2004. That would have been roughly

2 20 years after the Westfall case. Were you aware of

3 that?

4 MR. FARRELL: Objection to form and

5 foundation, beyond the scope.

6 THE WITNESS: If that's the date, that

7 would be about 20 years from 1983.

8 BY MR. PLACITELLA:

9 Q. Did you make a search for the Martin file

10 in the historical litigation files?

11 MR. FARRELL: Objection to form,

12 foundation, beyond the scope of the notice.

13 THE WITNESS: I did not, no.

14 BY MR. PLACITELLA:

15 Q. Did you ask that a search be made for the

16 Martin file to see what evidence existed from that

17 file from Dr. Glassley?

18 MR. FARRELL: Objection to form and

19 foundation.

20 THE WITNESS: I did not request a search

21 be done. It may have been done. I didn't ask for

22 one.

Page 769

1 BY MR. PLACITELLA:

2 Q. Were you ever told that it was done?

3 MR. FARRELL: Same objections.

4 THE WITNESS: I don't recall.

5 BY MR. PLACITELLA:

6 Q. Well, pursuant to the court order, it

7 asks that you be prepared to testify concerning the

8 current location of all notes, samples, reports and

9 photographs related to the Martin case. What did you

10 do to do that?

11 MR. FARRELL: Objection to form,

12 foundation, argumentative, harassing the witness,

13 asked and answered.

14 THE WITNESS: As I mentioned, I reviewed

15 our files. I talked to counsel, and I read

16 Glassley's deposition.

17 BY MR. PLACITELLA:

18 Q. But you never made a request for the

19 Martin file?

20 MR. FARRELL: Same objections.

21 THE WITNESS: No, I did not.

22 BY MR. PLACITELLA:

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Page 770

1 Q. Was a search ever conducted of this

2 database that's word-searchable for -- for the Martin

3 case?

4 MR. FARRELL: Same objections. Beyond

5 the scope.

6 THE WITNESS: I would think so. I just

7 didn't remember talking about it.

8 BY MR. PLACITELLA:

9 Q. But nothing was provided to you related

10 to the Martin case other than the information I

11 provided to Mr. Farrell. Correct?

12 MR. FARRELL: Objection to form,

13 foundation, misstates the record.

14 THE WITNESS: I just don't know. I've

15 looked at so much information over the last three

16 weeks, I can't say for sure.

17 BY MR. PLACITELLA:

18 Q. Who at Engelhard was aware of the Martin

19 case and the evidence that was produced by Cuzzone

20 about the Westfall case, do you know?

21 MR. FARRELL: Objection to form,

22 foundation, beyond the scope of the notice.

Page 771

1 THE WITNESS: I don't know.

2 BY MR. PLACITELLA:

3 Q. At the time the Martin case was filed and

4 this information was produced by Ms. Cuzzone and

5 Dr. Glassley, was any type of investigation launched

6 to find out if there was any other information

7 related to the Westfall case?

8 MR. FARRELL: Objection to form,

9 foundation, beyond the scope of the notice.

10 THE WITNESS: I don't know.

11 BY MR. PLACITELLA:

12 Q. Well, what was done by Engelhard and its

13 counsel when the information from the -- from the

14 Westfall case resurfaced in the Martin case?

15 MR. FARRELL: Objection to form,

16 foundation, beyond the scope of the notice.

17 Do you have any questions that are

18 actually within the scope of your notice,

19 Mr. Placitella?

20 BY MR. PLACITELLA:

21 Q. Can you answer my question, please?

22 A. I don't know.

Page 772

1 MR. FARRELL: We've spent 20 minutes

2 today on the material you said you needed a third day

3 for.

4 BY MR. PLACITELLA:

5 Q. Who took possession of the evidence from

6 the Martin case when that case was terminated?

7 MR. FARRELL: Objection to form,

8 foundation, beyond the scope of the notice.

9 THE WITNESS: I don't know.

10 BY MR. PLACITELLA:

11 Q. In preparing for today's deposition, have

12 you produced anything from the Martin case?

13 MR. FARRELL: Objection to form,

14 foundation.

15 THE WITNESS: I'm sorry. "Produced" in

16 what context?

17 BY MR. PLACITELLA:

18 Q. As we sit here, have you produced

19 anything from the Martin case other than what I gave

20 to Mr. Farrell?

21 MR. FARRELL: Objection to form,

22 foundation, beyond the scope of the notice, misstates

Page 773

1 the notice.

2 THE WITNESS: I don't know. I just don't

3 know everything that's been produced, so much has

4 been produced.

5 BY MR. PLACITELLA:

6 Q. How are you prepared to talk about the

7 current location of notes, samples, reports, and

8 photographs related to the testing by Glassley in the

9 Martin case if you never looked?

10 MR. FARRELL: Objection to form,

11 foundation, asked and answered a half dozen or more

12 times at this point.

13 THE WITNESS: Again, I talked to counsel

14 and was prepared on what we had and where it would

15 be.

16 BY MR. PLACITELLA:

17 Q. And you produced nothing related to the

18 Martin case. Correct?

19 MR. FARRELL: Objection to form,

20 foundation, misstates the record.

21 THE WITNESS: I just don't know

22 everything that's been produced in this case.

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Page 774

1 MR. FARRELL: I -- I don't know why you

2 ask these questions, Mr. Placitella, that are

3 contrary to the facts as you know them. You know

4 that documents related to the Martin case have been

5 produced to you. I don't know why you persist in

6 asking these questions that assume a set of facts

7 that are contrary to reality.

8 MR. PLACITELLA: Thank you for your

9 testimony.

10 MR. FARRELL: Are you disputing --

11 MR. PLACITELLA: I'm not going to respond

12 to any of your questions.

13 MR. FARRELL: Are you disputing this man

14 produced documents --

15 MR. PLACITELLA: This man was ordered to

16 produce information here today and be prepared to

17 testify about it.

18 MR. FARRELL: And he's done that.

19 MR. PLACITELLA: Well, that will be for

20 the Court to determine.

21 Could you mark this next, please?

22 MR. FARRELL: I don't know why you would

Page 775

1 ask the witness questions based on facts you know not

2 to be true. But if you want to persist in doing it,

3 then I suppose I can't stop you from doing that.

4 MR. PLACITELLA: Yes, sir.

5 MR. FARRELL: You have now said no

6 documents from the Martin case have been produced to

7 you and yet, lo and behold, you pull out a document

8 from the Martin case that we produced to you.

9 MR. PLACITELLA: Yes, sir. I was asking

10 about here today, produced here today. He was

11 supposed to bring all the evidence related to the

12 Martin case with him today.

13 MR. FARRELL: Which request says "Bring

14 all of the evidence from the Martin case with you"?

15 MR. PLACITELLA: "The current location of

16 all notes, samples, reports, and photographs." He's

17 supposed to be able to testify.

18 MR. FARRELL: That's a topic --

19 MR. PLACITELLA: "Their destruction or

20 loss." Okay?

21 MR. FARRELL: That's a topic, sir. Where

22 does it say, "Bring all of the evidence in the Martin

Page 776

1 case"?

2 MR. PLACITELLA: "All notes, samples,

3 reports, photographs, or other printouts relating to

4 the testing by William Grassley in the Westfall and

5 the Martin case." That's what he's supposed to

6 bring.

7 MR. FARRELL: Yes, William Glassley, not

8 the Martin case. You are holding Dr. Glassley's

9 report from the Martin case. Show me where it says

10 he is supposed to bring all the evidence from the

11 Westfall case or from the Martin case.

12 MR. PLACITELLA: Can we mark this,

13 please?

14 MR. FARRELL: It's not in there.

15 MR. PLACITELLA: Thank you. Thank you

16 for your testimony. We'll let the Court decide.

17 (Plaintiff's Exhibit No. 43,

18 document entitled Summary of

19 Activities Related to Services

20 Rendered for Decof & Grimm in the

21 Case of David H. Westfall vs.

22 Whittaker, Clark & Daniels, et

Page 777

1 al., was marked for

2 identification.)

3 BY MR. PLACITELLA:

4 Q. I want to show you what's been marked

5 Plaintiff's 43.

6 MR. FARRELL: Do you have a copy for me?

7 MR. PLACITELLA: No, I don't.

8 BY MR. PLACITELLA:

9 Q. Have you ever seen this before?

10 A. Yes.

11 Q. Okay. When is the first time you saw

12 this?

13 A. In the last couple of weeks during

14 preparation.

15 Q. Okay. Did you produce this here today as

16 part of the materials that were requested?

17 A. I'm sorry. I'm not sure what you mean,

18 "did you produce it here today."

19 Q. Did you produce it as a representative of

20 BASF? Is it in any of those boxes behind you or in

21 those exhibits in front of you?

22 A. I don't know that it is in this room

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Page 778

1 today, but I know it has been produced.

2 Q. But you were told and you were ordered to

3 bring anything related to the testing by William

4 Glassley with you today. Correct?

5 MR. FARRELL: He just said it's been

6 produced to you. What is the problem?

7 BY MR. PLACITELLA:

8 Q. You didn't bring anything with you today.

9 Correct?

10 A. I guess when I read that, it didn't say

11 that I had to bring things with me. It just said

12 that I had to be prepared to talk about them.

13 MR. FARRELL: Mr. Placitella, are you

14 disputing this report was produced to you?

15 MR. PLACITELLA: I'm going to get there.

16 BY MR. PLACITELLA:

17 Q. Number 8 says, "All notes, samples,

18 reports, photographs, or other printouts relating to

19 the testing by William Glassley in the Martin case."

20 Correct?

21 A. I'm sorry. I don't have it in front of

22 me.

Page 779

1 Q. That's what you were to produce today,

2 number 8.

3 A. I guess I didn't -- it doesn't say -- I

4 didn't read it as "bring it with you." It just says

5 "Request for production," and it's been produced.

6 Q. It says you are supposed to produce it at

7 this deposition, sir, and be prepared to talk about

8 it.

9 Are you prepared to talk about this

10 report?

11 MR. FARRELL: Objection to form and

12 foundation. Misstates the notice.

13 THE WITNESS: I've seen it, and I'm

14 prepared to talk about it.

15 BY MR. PLACITELLA:

16 Q. Do you know where any of the data that's

17 referred to in this report is located?

18 MR. FARRELL: Objection to form,

19 foundation, vague as to data.

20 THE WITNESS: I'm sorry. Do you mean the

21 sources of the information in here?

22 BY MR. PLACITELLA:

Page 780

1 Q. Yes, sir, the SEM studies that he did,

2 the photographs, the samples, the TEM analysis, all

3 the things referred to. Do you know where any of

4 that is?

5 MR. FARRELL: Objection to form,

6 foundation.

7 THE WITNESS: I don't know where it is,

8 and I know, as I mentioned, later on in his

9 testimony, Glassley may have had some of it, but he

10 lost it as well. So, as far as I know, it doesn't

11 exist. I don't know where it is.

12 BY MR. PLACITELLA:

13 Q. Your testimony is Dr. Glassley lost his

14 photographs and his samples and the electro

15 micrographs. Is that your testimony?

16 MR. FARRELL: Objection to form,

17 foundation, argumentative.

18 THE WITNESS: No. My testimony is just

19 that some of the information that was used in here he

20 said he had when he wrote this, and he doesn't have

21 it now.

22 BY MR. PLACITELLA:

Page 781

1 Q. Yes, sir. He refers in this report to

2 SEM studies that he did. Correct?

3 A. I'd have to read it again, but, yes, I

4 think he does talk about that, yes.

5 Q. And where are they?

6 MR. FARRELL: Objection to form,

7 foundation.

8 THE WITNESS: I don't know.

9 BY MR. PLACITELLA:

10 Q. He refers to his TEM grids. Where are

11 they?

12 MR. FARRELL: Objection to form and

13 foundation.

14 THE WITNESS: I -- I don't know.

15 BY MR. PLACITELLA:

16 Q. He refers to samples that he tested.

17 Where are they?

18 MR. FARRELL: Same objections.

19 THE WITNESS: Again, I don't know, and I

20 don't know, when he refers to these, whether he's

21 talking about old ones that he had tested in the past

22 or he tested recently. I don't know.

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Page 782

1 BY MR. PLACITELLA:

2 Q. Does anybody at BASF know?

3 MR. FARRELL: Objection to form,

4 foundation.

5 THE WITNESS: I don't know if they exist.

6 So, I don't know if anybody at BASF knows.

7 BY MR. PLACITELLA:

8 Q. Okay. The title of this report, correct,

9 is "Summary of Activities Related To Services

10 Rendered For DeCof & Grimm in the case of David

11 Westfall vs. Whittaker Clark & Daniels, et al."

12 Correct?

13 A. There is a typo. It says "related to

14 survives," but that's what he meant.

15 MR. PLACITELLA: Okay. Can you mark this

16 next, please?

17 (Plaintiff's Exhibit No. 44,

18 letter dated August 10, 2010 from

19 Robert J. Kelly to Christopher

20 Placitella, was marked for

21 identification.)

22 MR. FARRELL: Do you have a copy for me?

Page 783

1 MR. PLACITELLA: That's the only copy I

2 have.

3 MR. FARRELL: So, you don't have a copy

4 for me?

5 MR. PLACITELLA: No, I don't. Sorry.

6 BY MR. PLACITELLA:

7 Q. Exhibit 44 is the August 10, 2010, letter

8 from Mr. Kelly to myself. And it's the privilege log

9 in the Comandini, Volk, Fuschino, and Paduamo cases.

10 Do you see that?

11 A. Yes.

12 Q. Can you go to page 7, please.

13 A. Yes.

14 Q. Do you see the fourth entry from the

15 bottom?

16 A. Yes.

17 Q. Do you see where it says BASF 611-1626?

18 A. Yes.

19 Q. Do you see how that corresponds with the

20 report of Dr. Glassley?

21 MR. FARRELL: Objection to form,

22 foundation, beyond the scope of the notice.

Page 784

1 BY MR. PLACITELLA:

2 Q. Do you see the Bates numbers are the

3 same?

4 A. Those numbers are in this document, yes.

5 Q. Do you see where it says, "Summary of

6 activities related to services rendered"?

7 A. Yes.

8 Q. And it's being withheld as attorney work

9 product. Do you see that?

10 A. Yes.

11 MR. FARRELL: Objection to form,

12 foundation, beyond the scope of the notice.

13 BY MR. PLACITELLA:

14 Q. Can you tell me how the report of

15 Dr. Glassley from -- that he authored in the Martin

16 case could, in any way, be withheld as work product

17 on behalf of BASF?

18 MR. FARRELL: Objection to form,

19 foundation, beyond the scope of the notice.

20 THE WITNESS: I'm not a lawyer. I have

21 no idea.

22 BY MR. PLACITELLA:

Page 785

1 Q. Is there any way that you could look at

2 Dr. Glassley's report and figure out, in looking at

3 the entry on page 7, that it's actually the report of

4 Dr. Glassley?

5 MR. FARRELL: Objection to form,

6 foundation, beyond the scope of the notice.

7 THE WITNESS: I don't know.

8 BY MR. PLACITELLA:

9 Q. Do you see, up on the top of Glassley's

10 report, it's typed in, "Privileged and confidential.

11 Produced under seal in this case"?

12 A. Yes. I see that.

13 Q. Do you know, before this was ultimately

14 turned over in this case, had anybody else ever been

15 given, from 2004 and 2006 forward, a copy of

16 Dr. Glassley's report?

17 MR. FARRELL: Objection to form,

18 foundation, beyond the scope of the notice.

19 THE WITNESS: I don't know.

20 BY MR. PLACITELLA:

21 Q. Was anyone -- do you have any idea, from

22 the time this was put on the privilege log until

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Page 786

1 sometime in this case, what happened to the materials

2 that were referenced in -- in this report?

3 MR. FARRELL: Objection to form,

4 foundation, beyond the scope of the notice.

5 THE WITNESS: All I know is that Glassley

6 said he lost some materials.

7 BY MR. PLACITELLA:

8 Q. Well, he didn't lose his report. Right?

9 MR. FARRELL: Same objections.

10 THE WITNESS: I don't know. He might

11 have. He didn't -- he didn't remember what he had

12 and what he had lost.

13 BY MR. PLACITELLA:

14 Q. Well, apparently, BASF had the report,

15 didn't they?

16 MR. FARRELL: Objection to form and

17 foundation.

18 THE WITNESS: It's here, yes.

19 BY MR. PLACITELLA:

20 Q. The last time we were together, you had a

21 book of document retention policies related to

22 Engelhard and BASF. Do you recall that?

Page 787

1 A. Yes.

2 Q. Okay. Did you find any document

3 retention policy that was being used by BASF before

4 August 1984?

5 MR. FARRELL: Objection to form.

6 THE WITNESS: There was one from

7 Engelhard dated in the 1960s.

8 BY MR. PLACITELLA:

9 Q. And what did that relate to?

10 A. Document retention.

11 Q. Did it allow the destruction of evidence

12 in cases and testing?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: I'd have to look at it

16 again. It addressed legal documents, so, I'm sure it

17 addressed that.

18 BY MR. PLACITELLA:

19 Q. Do you recall that Dr. Hemstock testified

20 in this case that, until he sent out the March 7,

21 1984 memo that was written by legal, that everything

22 in Research and Development was kept permanently?

Page 788

1 MR. FARRELL: Objection to form,

2 foundation. Dr. Hemstock's testimony is what it is.

3 THE WITNESS: I don't remember that

4 testimony. There was so much of it.

5 BY MR. PLACITELLA:

6 Q. Do you have any reason to dispute that

7 testimony?

8 MR. FARRELL: Same objections.

9 THE WITNESS: I don't have any reason to

10 support it or dispute it. I don't know.

11 MR. PLACITELLA: I am getting close to

12 the end, so why don't we take ten minutes, and I'll

13 assemble what questions I have left. And hopefully

14 you will be done with me for the day.

15 THE VIDEOGRAPHER: The time is now

16 3:29 p.m. We are going off the record.

17 (Recess taken.)

18 THE VIDEOGRAPHER: The time is now

19 3:45 p.m. We are back on the record.

20 BY MR. PLACITELLA:

21 Q. Just a few more questions.

22 So, just to close the loop, other than

Page 789

1 the Glassley report that we marked, I think, as

2 Exhibit 45 and the documents that were identified at

3 Dr. Glassley's deposition, does BASF have any other

4 documents related to the testing of EMTAL talc by

5 Dr. Glassley?

6 MR. FARRELL: Objection to form,

7 foundation.

8 Are you including or excluding privileged

9 documents?

10 MR. PLACITELLA: I'm not -- I'm not going

11 to the privileged documents. I'm not -- I can't do

12 that.

13 MR. FARRELL: I understand you can't.

14 I'm trying to understand if you want his answer based

15 on what he knows --

16 MR. PLACITELLA: It has got to be what he

17 knows. I can't ask him about privileged documents.

18 THE WITNESS: I'm not aware of others.

19 There may be some that were listed in the log. I

20 just don't -- in the privilege log. I just don't

21 remember ever seeing them.

22 BY MR. PLACITELLA:

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Page 790

1 Q. And you didn't really examine the

2 privilege log to see if there was anything that would

3 be relevant. Is that fair? I mean closely.

4 A. Correct. Yes.

5 Q. A number of documents talked about

6 Mr. Newger, who was the geologist. Have you located

7 Mr. Newger's lab notebook -- Ms., rather?

8 MR. FARRELL: Objection to form.

9 THE WITNESS: I don't know that we found

10 hers. I don't recall that we have.

11 BY MR. PLACITELLA:

12 Q. Did someone look?

13 A. Yes, we looked.

14 MR. PLACITELLA: I think that's all the

15 questions I have for now. Thank you very much.

16 MR. FARRELL: Are you finished?

17 MR. PLACITELLA: Unless somebody else has

18 questions and spurs more questions in my mind. But

19 at this point, I'm finished.

20 MR. FARRELL: Well, I don't have any

21 questions at this point.

22 So, let me just say for the record that,

Page 791

1 over the course of three days, Mr. Placitella asked

2 Mr. Steinmetz dozens and dozens of questions about

3 dozens and dozens of different testing documents.

4 Many of those questions related to 38

5 samples of talc that were tested in 1979, and after

6 asking him dozens of questions about those 38 samples

7 and Mr. Steinmetz saying he wasn't sure about the

8 test results and how the samples corresponded to

9 those, I believe Mr. Steinmetz ultimately said he

10 didn't think we had those test results.

11 And let me just say, just so the record

12 is clear, because I don't want this transcript to be

13 read or misinterpreted by --

14 MR. PLACITELLA: You cannot testify.

15 MR. FARRELL: Excuse me, sir.

16 MR. PLACITELLA: Okay, do what you want.

17 I'll be here another hour, I guess.

18 MR. FARRELL: Tab 21 is a March 23, 1979,

19 memo, subject "Talc investigation," that

20 Mr. Placitella used to ask questions about 38 rock

21 samples that were studied in 1979. I just want the

22 record to be clear which documents we're talking

Page 792

1 about.

2 Tab 25 from the Cahill compilation, which

3 I believe was marked as P-19, and April 11, 1979, an

4 Engelhard document, talc investigation review and

5 update, Bates No. BASF_SAMPSON 13154, which also

6 discusses the 38 rock samples.

7 And Tab 32 from P-19, again, the Cahill

8 compilation, this is a September 19, 1979, letter

9 from the Georgia Tech Engineering Experiment Station

10 to Engelhard which contains numerous test results

11 from testing that had been done in 1979.

12 I don't know why Mr. Placitella decided

13 to ask dozens of questions suggesting that Engelhard

14 or BASF doesn't have the results of the testing on

15 those 38 rock samples when he knows and I know that

16 BASF has those test results and that they've been

17 produced to Mr. Placitella and that the test results

18 exist.

19 So, I'm just going to say that for the

20 record because I believe Mr. Steinmetz misspoke after

21 he had been berated over the course of dozens and

22 dozens of questions in multiple days about it, and I

Page 793

1 just wanted the record to be clear about that.

2 MR. PLACITELLA: I appreciate your

3 testimony, Mr. Farrell.

4 BY MR. PLACITELLA:

5 Q. So, I guess I have a few more questions

6 for you, sir.

7 Going to Tab No. 21 of P-15.

8 MR. FARRELL: Are you disputing,

9 Mr. Placitella, that we have the test results?

10 MR. PLACITELLA: You did your testimony.

11 Now I'm going to ask Mr. Steinmetz questions.

12 MR. FARRELL: You've already asked him

13 your questions.

14 BY MR. PLACITELLA:

15 Q. Going to Tab 21 just referred to by

16 Mr. Farrell, is there anything in Tab 21 about the

17 results of the 38 -- of the analysis of the 38 rock

18 samples, what the results were?

19 A. It talks about the preparation of them

20 being in process, crushing, drying and pulverizing.

21 Q. It doesn't give any results. Correct?

22 A. Not at this point.

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Page 794

1 Q. Okay. Can you put up Tab No. 30 -- 25,

2 Mr. Farrell just referred to.

3 Is there anything in Tab No. 25 that

4 provides the results for what was -- for the study

5 that was conducted by Mr. Hemstock and Mr. Gale of

6 the rock samples at the EMTAL mine?

7 A. Is it okay if I take a look at it?

8 Q. Yes, sir, please.

9 A. Great.

10 MR. FARRELL: While he's reading that,

11 Mr. Placitella --

12 MR. PLACITELLA: I'm not answering any

13 more of your questions.

14 MR. FARRELL: Well, you've written --

15 MR. PLACITELLA: I'm not answering any of

16 your questions. Don't even bother.

17 MR. FARRELL: Sir, you've written briefs

18 to the Court about the test results. Are you now

19 disputing that they exist? You have the documents in

20 your possession. Are you disputing they exist?

21 MR. PLACITELLA: I'm not going to answer

22 your question, sir.

Page 795

1 MR. FARRELL: That's really

2 disappointing, Mr. Placitella, to have an hour of

3 questions that presupposes that test results are

4 missing when you know they exist and have, in fact,

5 submitted briefs to the Court about them.

6 MR. PLACITELLA: So, why don't you tell

7 us what they are, Mr. Farrell.

8 MR. FARRELL: If you want me to tell you,

9 I would be happy to. The test results are contained

10 in the September 19, 1979, document which appears at

11 Tab 32 of the Cahill compilation, including the

12 sample numbers that begins at 6B, and goes into the

13 second row of that document.

14 MR. PLACITELLA: Okay. Thank you for

15 your testimony.

16 MR. FARRELL: If you want to pretend that

17 they don't exist, I suppose you can pretend that, but

18 I'm not going to pretend they don't exist.

19 MR. PLACITELLA: Thank you for your

20 testimony, sir.

21 (Witness reading over the document.)

22 THE WITNESS: So, on the second page,

Page 796

1 there is a mention of the 38 crushed rock samples

2 having been sent to Georgia Institute of Technology.

3 BY MR. PLACITELLA:

4 Q. Are there any test results?

5 A. There are test results. I don't know if

6 they're related directly to -- to these samples. It

7 doesn't say that they are.

8 Q. Sir, can we just go over, in detail,

9 Table 1 that talks about the production samples. And

10 you told me that you weren't an expert at -- tell me

11 whether there was like 600,000 fibers in the EMTAL

12 talc. Do you remember we just talked about that?

13 MR. FARRELL: Objection, asked and

14 answered.

15 THE WITNESS: Yes, I remember talking

16 about that.

17 BY MR. PLACITELLA:

18 Q. This exhibit -- I just want to know,

19 because Mr. Farrell made a statement on the record.

20 Is there anything in Tab No. 25 that provides the

21 test results for the study that was done by

22 Mr. Hemstock and Mr. Gale and ultimately Mr. Triglia,

Page 797

1 he got involved? Is there anything of the mine

2 itself? Is there anything in here about test

3 results?

4 A. Just the reference of them being --

5 MR. FARRELL: Objection to form,

6 foundation. Asked and answered.

7 THE WITNESS: There is a reference to

8 them being tested at this point.

9 BY MR. PLACITELLA:

10 Q. There's no test results, correct, in this

11 document?

12 MR. FARRELL: Objection to form,

13 foundation. There are a lot of test results in that

14 document.

15 BY MR. PLACITELLA:

16 Q. Sir, there's no test results in this

17 document pointed to by Mr. Farrell related to the

18 testing of the EMTAL mine by Mr. Hemstock, Mr. Gale,

19 or Mr. Triglia. Correct?

20 MR. FARRELL: Objection to form,

21 foundation. The whole document is about test results

22 of testing done by Dr. Hemstock, Mr. Gale, and

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Page 798

1 Mr. Triglia.

2 BY MR. PLACITELLA:

3 Q. Sir, I'm going to ask the question again.

4 Are there any test results in Tab No. 25

5 specifically relating to the rock samples that were

6 taking -- the 38 rock samples that were taken by

7 Mr. Gale and Mr. Hemstock and handed over to

8 Mr. Triglia?

9 MR. FARRELL: Objection to form,

10 foundation.

11 BY MR. PLACITELLA:

12 Q. Is there anything in there, any test

13 results?

14 MR. FARRELL: Same objections.

15 THE WITNESS: There are all kinds of

16 results in here related -- related to EMTAL talcs and

17 other company talcs. It doesn't specifically list

18 the 38 samples at this point.

19 BY MR. PLACITELLA:

20 Q. Sir, the only test results in here

21 finding thousands of fibers in milligrams of EMTAL

22 were for the production samples. Correct?

Page 799

1 MR. FARRELL: Objection to form,

2 foundation, asked and answered.

3 I said the test results were in the

4 September 19, 1979, letter.

5 MR. PLACITELLA: I'm going to get to

6 that, sir. I'm happy to take your deposition on this

7 issue too.

8 BY MR. PLACITELLA:

9 Q. Let's just do this document.

10 Are there any test results in here

11 relating to the EMTAL mine ore?

12 A. No, I just --

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: No, I just said there are

16 none related to the 38 samples that are discussed as

17 being at Georgia Tech at this point.

18 BY MR. PLACITELLA:

19 Q. Okay, let's go to 32.

20 I asked you a lot of questions about this

21 before. Is there anything in Tab 32 that indicates

22 that these are test results related to the Engelhard

Page 800

1 EMTAL mine?

2 MR. FARRELL: Objection to form,

3 foundation.

4 THE WITNESS: I'm looking at a two-page

5 document. I'd have to -- I don't know the context

6 around this. It doesn't say that they're from an

7 EMTAL or a Johnson mine, but there are several

8 results listed. There are around 40 sample numbers

9 with results listed. I just don't know -- I'm

10 looking at them. There are several. I don't have

11 that information in front of me, what they relate to

12 in this case.

13 BY MR. PLACITELLA:

14 Q. How many samples are there here coded?

15 A. More than 50, I'd say.

16 Q. A lot more than 50, do you know? If I

17 count down just one column, I see 1, 2, 3, 4, 5, 6,

18 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20,

19 21, 22, 23, 24, 25, times 3, is like 75. Right?

20 A. And what's interesting, I think, if you

21 look at sample 6B through 74PS, I think that's 38.

22 So, I would think -- and then you go into

Page 801

1 the MC samples and then to the 4026 samples.

2 So, I suspect -- and I just don't have

3 every one in front of me, I suspect those 38 relate

4 to those.

5 Q. Okay. So, I'm going to ask you, if you

6 go back to 25 --

7 MR. FARRELL: Mr. Placitella, in fact,

8 knows that to be true.

9 MR. PLACITELLA: Could you please stop

10 testifying? You are breaking the court rules left

11 and right, and I'm tolerating it and not calling the

12 judge.

13 MR. FARRELL: If you want to talk to the

14 judge about asking disingenuous questions of the

15 witness, you let me mow.

16 MR. PLACITELLA: Please just stop.

17 Please just stop.

18 BY MR. PLACITELLA:

19 Q. Sir, in Exhibit 32, is there any

20 quantification on test results like there is on

21 Table 1 of Exhibit 25 --

22 MR. FARRELL: Objection to form.

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Page 802

1 BY MR. PLACITELLA:

2 Q. -- where they are actually counting the

3 numbers of fibers per grid opening in -- in samples?

4 A. No, but they never said they were going

5 to do quantitative. These are qualitative results.

6 Q. And when you look at this document, is

7 there any way to tell where exactly these samples

8 came from? I'm talking about now Exhibit 32.

9 MR. FARRELL: Objection to form,

10 foundation.

11 THE WITNESS: Well, I think we talked

12 about this earlier. We know that the 38 samples came

13 from the Johnson mine.

14 BY MR. PLACITELLA:

15 Q. But where in the Johnson mine? Do we

16 know from looking at -- let's assume that the samples

17 are here, okay? Give you the benefit of the doubt.

18 Let's assume.

19 From looking at this document, does it

20 tell us where in the mine the samples were taken?

21 MR. FARRELL: Objection to form and

22 foundation.

Page 803

1 THE WITNESS: This document doesn't, but,

2 you know, if you -- I mean, the samples that Glassley

3 took, we didn't know where they came from exactly

4 either. We do know they came from the mine.

5 BY MR. PLACITELLA:

6 Q. Actually, we do. He said he got them

7 from the entrance to the mine. Do you recall that,

8 sir?

9 So, please answer my question. Is there

10 anything in Exhibit No. 32 that tells you where these

11 samples were taken from specifically?

12 MR. FARRELL: Objection to form,

13 foundation, argumentative.

14 THE WITNESS: Well, we know these didn't

15 come from the outside in the entrance, but we do know

16 they came from inside the mine where they were

17 actually taken.

18 BY MR. PLACITELLA:

19 Q. How do you know that, sir?

20 A. Because I said earlier on I would have to

21 look back, that they were taking samples from the

22 mine.

Page 804

1 Q. Well, how do you know they were actually

2 the same samples?

3 MR. FARRELL: Objection to form,

4 foundation.

5 THE WITNESS: I'm sorry. The same

6 samples --

7 BY MR. PLACITELLA:

8 Q. Well, I'm looking here -- you see, sir,

9 it says, "At long last is the data and micrographs"

10 -- do you have the micrographs, by the way?

11 MR. FARRELL: Objection to form and

12 foundation.

13 THE WITNESS: We haven't located them.

14 BY MR. PLACITELLA:

15 Q. You don't have the micrographs.

16 It says, "At long last is the data and

17 micrographs of the last three sets of asbestos

18 counts."

19 Do you see that?

20 A. Yes, I see that.

21 Q. Where are the rest of them?

22 MR. FARRELL: Objection to form and

Page 805

1 foundation.

2 THE WITNESS: I -- I'm not sure. I would

3 have to look back. And again, I don't know the

4 contents of all the documents and -- and a

5 chronological accounting of when everything was being

6 done, so, I don't know. I'd have to look at all of

7 the documents.

8 BY MR. PLACITELLA:

9 Q. And assuming -- we're looking at the next

10 page, okay? Tell me where in the mine these samples

11 were taken from.

12 MR. FARRELL: Objection to form,

13 foundation, asked and answered, harassing the

14 witness.

15 THE WITNESS: All I can tell you is they

16 were found in the mine.

17 BY MR. PLACITELLA:

18 Q. Remember, there were maps where the

19 samples were taken, and they are no longer available.

20 That would have told us where in mine they were taken

21 if these are, in fact the mine samples. Correct?

22 MR. FARRELL: Objection to form,

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Page 806

1 foundation, harassing the witness, asked and

2 answered, argumentative.

3 THE WITNESS: I'm not sure I remember

4 that they were mapped.

5 BY MR. PLACITELLA:

6 Q. Do you remember that -- that we went into

7 Dr. Triglia's deposition and there were exhibits, and

8 the exhibits talked about the maps of the mine where

9 the samples were taken from? You don't recall that

10 from this morning?

11 MR. FARRELL: Same objections.

12 THE WITNESS: I recall the discussion

13 about maps of the mine. I don't know that they

14 specifically said that they were mapping to the

15 samples that were taken.

16 MR. PLACITELLA: We'll let the record

17 speak for itself.

18 BY MR. PLACITELLA:

19 Q. This does not tell us where, if they were

20 from the mine, where in the mine they were taken

21 from. Correct?

22 MR. FARRELL: Objection to form,

Page 807

1 foundation, asked and answered.

2 THE WITNESS: I want to make sure we are

3 on the same page.

4 What we do know is that we have 38

5 samples from that mine. That's quite a few. So, I

6 suspect it's a pretty good cross-section.

7 BY MR. PLACITELLA:

8 Q. My question, sir, is: We don't know

9 where in the mine they were taken from. Correct?

10 MR. FARRELL: Same objections.

11 THE WITNESS: According this, no, we

12 don't.

13 BY MR. PLACITELLA:

14 Q. We don't know whether they were in

15 Level 4, Level 5, Level 6, Level 2. We have no idea.

16 Correct?

17 MR. FARRELL: Objection to form and

18 foundation, asked and answered, harassing the

19 witness.

20 THE WITNESS: We know they were collected

21 in the mine, and it is a good cross-section of the

22 mine because that was the point of the study.

Page 808

1 BY MR. PLACITELLA:

2 Q. We don't know what level of the mine they

3 were taken from, correct, if they were, in fact, from

4 the mine?

5 MR. FARRELL: Same objections.

6 THE WITNESS: Again, we don't know

7 exactly where. We know they were taken from the

8 mine.

9 BY MR. FARRELL:

10 Q. Okay. We don't know what kind of rock

11 they were taken from in the mine. Correct?

12 MR. FARRELL: Objection to form,

13 foundation, misstates the record.

14 THE WITNESS: I don't know.

15 BY MR. PLACITELLA:

16 Q. We don't know whether they were taken

17 from the main ore body where the product was mined or

18 somewhere else. Correct?

19 MR. FARRELL: Objection to form,

20 foundation, misstates the record.

21 THE WITNESS: I would have to read

22 Hemstock's deposition again, but I know they were

Page 809

1 trying to get a good cross-section of the -- from the

2 mine.

3 BY MR. PLACITELLA:

4 Q. Sir, Exhibit No. 32 does not tell us what

5 part of the mine the samples were taken from.

6 Correct?

7 A. Yes, that's correct.

8 Q. It doesn't tell us what kind of rock they

9 were taken from. Correct?

10 MR. FARRELL: Objection, asked and

11 answered, harassing the witness.

12 THE WITNESS: 32 does not do that, yes.

13 BY MR. PLACITELLA:

14 Q. It does not tell us whether they were

15 from the main ore body. Correct?

16 MR. FARRELL: Same objections.

17 THE WITNESS: I would assume they would

18 be because they were trying to do a good

19 cross-section of the mine, but it doesn't state that

20 in this document.

21 BY MR. PLACITELLA:

22 Q. It doesn't tell us what percentage of the

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Page 810

1 samples were positive for asbestos from specific

2 parts of the mine. Correct?

3 MR. FARRELL: Same objections. Objection

4 to form, foundation, asked and answered.

5 THE WITNESS: This does not.

6 BY MR. PLACITELLA:

7 Q. We don't have the photomicrographs for

8 some expert to look at and say, "You know what?

9 That's either right or wrong based upon my reading of

10 the photomicrographs." Correct?

11 MR. FARRELL: Objection to form,

12 foundation.

13 THE WITNESS: We don't have the

14 photomicrographs. I don't know if that would be

15 enough to make a determination even for an expert.

16 So, I can't answer that entirely, I guess.

17 BY MR. PLACITELLA:

18 Q. Well, it was important enough for Georgia

19 Tech to give them back to Mr. Triglia. Correct?

20 MR. FARRELL: Objection to form and

21 foundation, assumes facts.

22 THE WITNESS: I don't know why they gave

Page 811

1 it back.

2 BY MR. PLACITELLA:

3 Q. We don't know what the actual counts were

4 for these samples. Correct?

5 MR. FARRELL: Objection to form,

6 foundation, misstates the document.

7 THE WITNESS: This is a qualitative

8 assessment, and each of those code numbers correspond

9 to levels.

10 BY MR. PLACITELLA:

11 Q. And we don't know whether a quantitative

12 assessment was done, do we?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: Well, it is quantitative to

16 the -- to the extent that, by coding, you can tell

17 whether it was zero to five, 5 to 15, greater than 55

18 or that type of thing. So, there was some

19 quantitation to it.

20 Q. But it's not exact. Correct? They were

21 just ranges. Correct?

22 MR. FARRELL: Objection.

Page 812

1 BY MR. PLACITELLA:

2 Q. There were no exact readings in this

3 document. Correct?

4 MR. FARRELL: Are you finished?

5 Objection to form and foundation.

6 THE WITNESS: From a science perspective,

7 I don't know what you mean by "exact," but there are

8 ranges that were reported, yes.

9 BY MR. PLACITELLA:

10 Q. So, for example, in 25, where they gave

11 exact numbers, they don't exist in this document.

12 Correct?

13 MR. FARRELL: Objection to form and

14 foundation.

15 THE WITNESS: These are more

16 quantitative, and I'm not sure that they ever meant

17 to report the 38 samples quantitatively.

18 BY MR. PLACITELLA:

19 Q. Well, you don't know because we don't

20 have all the documents related to this testing.

21 Right?

22 MR. FARRELL: Objection to form,

Page 813

1 foundation. Again, misstates the record.

2 THE WITNESS: I know that they sent them

3 out. They reported twice that they were being

4 reviewed, and then they got the results back from

5 Georgia Tech, and Georgia Tech had produced the

6 information in this format.

7 BY MR. PLACITELLA:

8 Q. What percentage of the samples tested

9 positive for asbestos from the main ore body? Can

10 you tell from looking at this document?

11 MR. FARRELL: Objection to form and

12 foundation.

13 THE WITNESS: I'm sorry. Could you

14 repeat that?

15 BY MR. PLACITELLA:

16 Q. Sure. If these are samples, results from

17 the mine, what percentage of the tests tested

18 positive for asbestos from the main ore body?

19 MR. FARRELL: Objection to form,

20 foundation, beyond the scope of the notice.

21 THE WITNESS: I'm not a geologist, and I

22 don't know what the main ore body is or would be.

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Page 814

1 That's not discussed in this, so, I guess I can't

2 answer.

3 BY MR. PLACITELLA:

4 Q. There are no conclusions by a scientist

5 at Engelhard concerning the significance or

6 insignificance of these raw numbers. Correct?

7 MR. FARRELL: Objection to form,

8 foundation, beyond the scope of the notice.

9 THE WITNESS: I don't know.

10 BY MR. PLACITELLA:

11 Q. Do you know whether any of the samples

12 came from talc brannerite rock at the EMTAL mine?

13 MR. FARRELL: Objection to form, beyond

14 the scope of the notice, calls for expert testimony.

15 THE WITNESS: I don't know what talc

16 brannerite rock is.

17 BY MR. PLACITELLA:

18 Q. Do you know from looking at this whether

19 it would be possible to continue to mine without

20 encountering asbestos in the EMTAL mine?

21 MR. FARRELL: Objection to form,

22 foundation, beyond the scope of the notice.

Page 815

1 THE WITNESS: I don't know, but this was

2 just one of hundreds of pieces of data that -- that

3 were being generated that -- that you received. So,

4 there was a lot more information than just this

5 available.

6 BY MR. PLACITELLA:

7 Q. What else do you have allegedly related

8 to the test results from the study that was done by

9 Dr. Hemstock and Dr. Gale and Dr. Triglia of the mine

10 in 1979? What do you have?

11 MR. FARRELL: Objection to form,

12 foundation.

13 Are you really asking these questions,

14 Mr. Placitella? You now --

15 MR. PLACITELLA: I am --

16 MR. FARRELL: Excuse me. You are now

17 making use of and improperly using information from a

18 sealed proceeding.

19 MR. PLACITELLA: No, I am not.

20 MR. FARRELL: You are, sir.

21 MR. PLACITELLA: No, I am not.

22 MR. FARRELL: You are, sir.

Page 816

1 MR. PLACITELLA: No, I am not.

2 THE WITNESS: I'm not saying there is

3 other information in this. I'm just saying this is

4 one of hundreds of documents that -- that looked at

5 EMTAL and the products and the airborne -- and the

6 airborne particulates in that mine.

7 So, this would be used among hundreds of

8 other documents and studies or dozens of other

9 studies to determine whether or not that should be

10 mined.

11 BY MR. PLACITELLA:

12 Q. All I want to know is: Do you have any

13 other reports or data that pertain to the study done

14 by Dr. Hemstock and Mr. Gale of the mine in 1979?

15 MR. FARRELL: Objection to form,

16 foundation, asked and answered multiple times,

17 harassing the witness.

18 THE WITNESS: Not that I know of.

19 MR. PLACITELLA: Thank you very much.

20 MR. FARRELL: Are you finished?

21 MR. PLACITELLA: I am, unless you're

22 going to ask more questions.

Page 817

1 MR. FARRELL: No.

2 Are you finished?

3 MR. PLACITELLA: I don't know if anybody

4 on the phone has any questions.

5 MR. FARRELL: Hearing nothing, I would

6 say --

7 MR. PLACITELLA: Does anybody on the

8 phone have any questions?

9 MR. ANDRIS: James Andris. No questions.

10 MR. ARROYO: This is Elias Arroyo. No

11 questions.

12 THE VIDEOGRAPHER: The time is now

13 4:11 p.m. This completes the deposition of Daniel

14 Steinmetz.

15 We are going off the record.

16 (Whereupon, at 4:11 p.m., the deposition

17 of DANIEL STEINMETZ concluded.)

18

19

20

21

22

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Page 818

1 CERTIFICATE OF NOTARY PUBLIC

2 I, Carol J. Robinson, RPR the officer

3 before whom the foregoing cause was taken, do hereby

4 certify that the witness whose testimony appears in

5 the foregoing transcript was taken by me in shorthand

6 at the time mentioned in the caption hereof and

7 thereafter transcribed by me; that said transcript is

8 a record of the testimony given by said witness to

9 the best of my ability; that I am neither counsel

10 for, related to, nor employed by any parties to the

11 action; and further, that I am not a relative or

12 employee of any counsel or attorney employed by the

13 parties hereto, nor financially or otherwise

14 interested in the outcome of this action.

15

16 CAROL J. ROBINSON

17 Notary Public in and for the

18 District of Columbia

19 My commission expires:

20 March 1, 2020

21

22

Page 819

1 ACKNOWLEDGMENT OF DEPONENT

2 I, DANIEL STEINMETZ, do hereby certify

3 that I have read the foregoing pages ___ to ____ and

4 that the same is a correct transcription of the

5 answers given by me to the questions therein

6 propounded, except for the corrections or changes in

7 form or substance, if any, noted in the attached

8 Errata Sheet.

9

10 _______________ ______________________

11 DATE SIGNATURE

12

13 Subscribed and sworn to before

14 me this 26th day of July 2017

15

16

17

18

19

20

21

22

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 73 of 104 PageID:

24457
Page 1

A

ability 818:9

able 589:9 619:10

622:4,14 635:13

708:4 709:18

710:17 712:19

713:7 714:7 715:2

715:10 742:1,22

758:19 775:17

above-captioned

756:13

absolutely 583:5,10

618:4

abundant 702:22

access 550:21 551:2

accounting 805:5

accumulated

618:20 619:2

accuracy 582:22

accurate 582:3,16

ACKNOWLED...

819:1

acquired 556:11,12

actinolite 569:21

573:2 576:21

action 621:17

756:13 818:11,14

activities 544:14

590:20 620:6

776:19 782:9

784:6

actual 609:15

661:11,17 696:20

749:17 811:3

addition 681:5

710:11,15 712:2

additional 552:1

555:4

addressed 787:16

787:17

addressing 563:5

admission 745:1

admissions 748:14

755:9 758:9

admit 747:20

750:22

admits 745:17

751:18

admitted 746:17

747:3,5 748:19

749:8

advance 618:2

affidavit 591:9

592:5,10,13 593:8

afternoon 599:8

693:6

ago 583:15,18

660:3 739:5

agree 703:14

agreed 569:19

agreement 758:10

ahead 581:19

606:17 608:1

712:15 736:20

746:8 758:5

ahold 761:15

air 581:12 610:11

airborne 606:5

611:2 816:5,6

al 537:9 544:18

545:5 777:1

782:11

ALEXANDRA

539:14

alive 574:22

allegedly 590:12

680:10 705:20

815:7

allow 660:16

787:11

allowing 643:12

amount 574:3

577:6

amounts 570:1,20

574:9

analyses 592:14

733:6

analysis 569:6

605:2,10 606:19

610:10 620:5

649:16 653:4,7

672:21 679:17,20

680:3 780:2

793:17

analytical 542:9

554:6 555:17

analyze 703:8

analyzed 610:18

645:18 702:20

Andris 540:9 817:9

817:9

angry 712:13

answer 547:11

559:12,14 560:22

570:5 574:2,6

577:5 580:11

586:3 589:1,18

599:21 601:3,6

602:9,11,22 603:9

603:16,18 618:15

618:18 620:15

625:3 628:18

638:6,8 642:20

643:4,5 644:3

646:15 647:3

648:19 661:3

666:10 697:19

712:22 716:1,8

717:8 723:7

730:11 733:8,14

747:8 762:22

763:13 766:7

767:7 771:21

789:14 794:21

803:9 810:16

814:2

answered 562:8

606:1,16 614:4

619:13 629:5

630:14 633:17

640:20 644:1,11

656:6 662:8

670:16 700:11

704:7,20 706:5

707:7 739:4

742:19 743:15

744:2,8,15 764:2

769:13 773:11

796:14 797:6

799:2 805:13

806:2 807:1,18

809:11 810:4

816:16

answering 570:20

588:4 642:21

705:13 716:5

749:5,13 794:12

794:15

answers 632:13

714:5 746:2 765:1

819:5

anybody 572:15

575:4 576:15

667:5 685:12,14

782:2,6 785:14

817:3,7

anybody's 601:8

691:15

anymore 574:15

apologize 618:1

apparently 579:15

683:1 786:14

appeared 599:6

appears 625:16

739:8 765:6

795:10 818:4

applicable 569:7

756:9

apply 680:2 702:5

appointment

686:16

appreciate 643:11

793:2

approximately

763:1

approximation

697:15

April 542:12 544:5

555:7,20 557:9

623:2 650:1,5

664:20 665:2

692:14 694:12

695:9 792:3

area 649:16 655:12

682:16,21 733:13

areas 632:15 649:9

argument 641:21

argumentative

561:20 562:15

567:22 583:8

600:20 611:14

641:9 662:20

684:16 688:13

739:18 747:1

748:17 769:12

780:17 803:13

806:2

argumentive 582:8

arrived 650:5

Arroyo 541:3

817:10,10

articles 719:9

asbestos 551:12,18

577:16 585:10,11

585:19 586:5,7,16

593:10 594:1

595:16,22 596:8

596:13,18 602:7

602:15,20 603:7

604:18 605:3,6

606:4 609:19

610:8 612:16

613:16 631:4,5,10

631:12 635:5,9

639:10 645:4,8

648:8,12,16 657:2

713:21 718:5

719:2,17 720:17

721:19 727:8

730:8,10,13

804:17 810:1

813:9,18 814:20

Ashton 592:6,10,13

Ashton's 593:8

aside 642:4

asked 549:21 550:6

550:15,16 562:20

562:21 569:4

578:19 606:1,15

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 74 of 104 PageID:

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Page 2

612:15 614:4

615:22 619:12

624:6 628:14

629:5 630:14

632:11 633:16

634:5 640:20

642:5,11 643:22

644:10 656:6

662:7 663:5

670:15 675:22

680:2 704:7,20

705:15 706:5

707:7 710:16

724:3 729:4 733:2

734:2 739:4 740:7

741:6,12 742:19

743:14 744:1,7,15

748:15 753:1

763:7,21 764:2

767:11 769:13

773:11 791:1

793:12 796:13

797:6 799:2,20

805:13 806:1

807:1,18 809:10

810:4 816:16

asking 588:18

596:9 601:1 606:9

606:10 634:13

643:14 651:19

652:12,14,19

666:13 703:11

729:18 762:16

774:6 775:9 791:6

801:14 815:13

asks 620:3 723:19

730:5 769:7

aspects 635:10

assemble 788:13

assessing 564:13

assessment 811:8

811:12

associated 603:15

612:22

assume 584:17

601:3 619:8 716:7

774:6 802:16,18

809:17

assumes 574:13

576:1 577:2,19

594:8 595:19

627:12 753:22

810:21

assuming 805:9

attached 542:5

543:2 544:2

556:13,15,19

557:1,5,9 819:7

attempt 688:10

attorney 732:6,6

784:8 818:12

attorneys 750:18

756:12

attributable 725:10

Audrey 537:4

545:4

August 537:13

542:8 544:19

545:8 554:3

555:16 556:16

782:18 783:7

787:4

author 558:14

725:14

authored 784:15

available 551:3

558:15,19 559:19

564:16 566:18

593:22 595:15

596:7 599:1 694:4

805:19 815:5

Avenue 539:4

540:20

AVERELL 540:4

avoid 736:11

aware 598:20,21

611:7 615:10

716:14 717:1

718:21 719:15

720:18 768:2

770:18 789:18

a.m 537:15 545:9

617:18,21

B

B 542:4 543:1

544:1 632:20

673:3,3,19 674:22

674:22 675:9

back 548:6 550:9

571:22 572:8

582:3 588:6

589:20 593:4

608:21,22 611:12

617:21 622:18

651:13 664:4

665:2,4 670:2

671:16 672:11

691:3 692:10

694:19 700:20

731:21 732:5

733:14 737:6,10

737:15,18 738:20

739:1,21,22

740:21 741:20,22

745:6 754:21

757:20 758:1

788:19 801:6

803:21 805:3

810:19 811:1

813:4

bag 658:1,10,18,21

659:2,7,11,20,21

660:6 661:12,20

662:3,16 669:3

672:9 679:16

bags 658:6

Bank 539:5

based 562:16 577:4

594:17 630:19

635:19 644:4,8

721:5 737:15

763:22 775:1

789:14 810:9

BASF 539:6 542:17

546:18,21 547:2

548:11 550:12

556:12 585:4

587:8 590:12

604:3,17 688:22

705:20 706:17

714:6 716:15

717:2 718:22

720:13 722:6

724:12 725:1

738:9 739:20

745:2,17 746:17

751:18 752:13

777:20 782:2,6

783:17 784:17

786:14,22 787:3

789:3 792:14,16

BASF's 549:5,12

561:7,9 583:19

585:1

BASF_SAMPSON

792:5

BASF_SAMPSO...

544:12 693:3

basic 603:2 632:17

632:18 633:22

735:13

basically 642:10

Bates 542:16

544:11 565:19

587:8 693:1 695:1

784:2 792:5

becoming 621:12

Beg 607:12

beginning 687:17

begins 545:3

795:12

behalf 539:2,6,12

539:17 540:2,8,13

540:18 541:2

546:20 604:3,17

720:12,16 756:12

784:17

behold 775:7

believe 559:1 560:7

606:5 615:17

618:18 622:8

627:21 658:17

659:17 662:21

663:1 679:9 686:8

721:18 730:3,15

733:8 760:11

763:13 765:12

791:9 792:3,20

benefit 802:17

BENJAMIN

540:18

berated 792:21

best 818:9

better 641:1,5

beyond 585:13,22

586:11,19 588:15

589:15 594:8,21

595:19 596:21

614:19 615:6

631:7,14 633:8

634:18 635:7

639:6 642:11,12

642:15 647:10

648:14 652:3

657:5 667:21

687:22 690:3

698:13,18 699:8

699:19 700:8

708:9 709:11,20

712:21 714:10,16

715:3,14 727:13

730:18,19 731:9

736:19 738:14

739:3,17 740:19

757:10 758:3,17

759:8 760:17

764:15 767:15

768:5,12 770:4,22

771:9,16 772:8,22

783:22 784:12,19

785:6,18 786:4

813:20 814:8,13

814:22

big 613:17 697:6

bigger 697:11

billing 735:17

binder 609:5,7

618:12 619:11

623:22 624:20

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 75 of 104 PageID:

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Page 3

bit 557:21 564:22

616:10 630:9

black 618:12

632:21

body 627:3 633:13

655:12 677:3,6

678:19 684:22

689:20 808:17

809:15 813:9,18

813:22

book 607:6 786:21

booklet 572:21

boss 641:4

bother 794:16

bottom 566:21

615:19 745:17

783:15

bought 585:4

Boulevard 540:10

box 539:19 551:7,7

551:10 553:19

555:22 556:10

717:20 718:6

boxes 548:6 715:20

726:9 777:20

brannerite 814:12

814:16

break 553:7 557:18

595:9 617:15

618:2 652:8

660:21 682:2

690:20 691:10,16

728:22 729:8,12

754:11,14,16

762:19

breaking 801:10

brief 599:10 763:7

briefs 794:17 795:5

bring 592:2 613:22

663:18 728:18

729:4 775:11,13

775:22 776:6,10

778:3,8,11 779:4

bringing 616:11

728:10

broad 612:8

broader 602:12,18

broke 694:12 755:1

broken 558:10

BROMBERG

540:4

brought 587:12

605:16 728:7,13

728:20

Brunswick 539:19

building 706:12

bullet 648:16

bullying 749:15

bundle 618:13

bundled 632:5

burden 616:14

business 654:17

C

C 539:1 540:1

541:1 542:1,15

587:7 673:20

674:22,22 675:11

675:18

Cahill 542:14

549:18 550:1,7,9

557:3 562:19,22

576:7 584:16,20

585:5 587:6

593:19 642:13

658:4,9 659:6,9

660:4 663:2

679:17 703:19

706:8 709:16

710:2,3 712:18

713:1,7,22 757:2

792:2,7 795:11

Cahill's 663:4

calculate 637:21

calculated 697:21

calculation 636:3

637:8 639:3,9

calculations 638:20

639:17

call 554:10 575:4

673:1

called 545:20

559:10 616:18

708:13 732:3

761:5 763:6

calling 801:11

calls 564:18 565:7

572:14 573:21

581:17 585:22

596:21 626:16

627:12 630:2

633:8,16 634:7,18

639:20 654:4

656:18 657:5

667:3 668:15

669:5 671:2

698:13 700:8

713:10 814:14

cap 697:11

caption 818:6

CARBIDE 539:12

carbonate 602:17

632:20

care 735:12,15

Carol 538:8 545:14

818:2,16

CARPENTER

540:19

CARUSO 539:14

539:14

case 544:16 550:18

558:4,15,20

559:14 586:8

597:10 614:22

637:17 710:18

714:7 723:22,22

725:22 730:7

731:3,20 732:4,14

733:4 734:4

735:10 738:12

739:10,12 741:15

741:16 745:2,14

746:18 750:20

756:1 758:1,22

759:1,6,22 760:7

760:14 761:2,4,5

761:11,14,15

762:5,6,20,20

763:8,12,21,22

764:4,10 765:1,21

766:2,14,15 767:6

767:12,22 768:2

769:9 770:3,10,19

770:20 771:3,7,14

771:14 772:6,6,12

772:19 773:9,18

773:22 774:4

775:6,8,12,14

776:1,5,8,9,11,11

776:21 778:19

782:10 784:16

785:11,14 786:1

787:20 800:12

cases 585:9,18

586:22 594:19

642:14 783:9

787:12

catalog 641:18

CATALYSTS

539:6

categories 569:20

cause 818:3

cc'd 593:20

Cedar 541:4

certain 721:18

732:3 745:18

747:10 748:1,9

751:1,8,15,18

753:8 758:9,9

764:9 766:20

certainly 572:18

574:17 576:7

CERTAINTEED

539:13

CERTIFICATE

818:1

certify 818:4 819:2

cetera 569:10

chain 548:3 658:3

662:9 669:14,18

671:10 673:22

687:17 688:10

690:14 727:4

chance 589:6

change 582:21

changes 819:6

changing 754:13

characterization

653:3

charge 710:21

chat 763:7

check 579:20

Chemicals 636:2

637:8

chlorate 668:12

chlorite 602:18

chloritic 632:21

chose 607:14

Chris 546:12

552:19 694:18

Christopher 539:3

544:21 782:19

chronological

805:5

chrysotile 635:5

727:8 730:8,13

circled 580:17

circumstances

675:20

clarify 551:6 646:5

652:17

Clark 539:17

544:17 765:2

776:22 782:11

cleaned 558:10

clear 553:14 555:1

608:7 609:9 612:8

613:14 636:22

640:12 643:18

705:7 711:16

735:3 750:13

791:12,22 793:1

clearly 642:12

clips 553:14

close 717:7 788:11

788:22

closely 790:3

code 811:8

coded 800:14

coding 811:16

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 76 of 104 PageID:

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Page 4

Cohen 539:3

545:12

collected 726:12

733:13 745:15,18

747:11,12 755:4,4

807:20

collection 637:6

collections 553:15

Columbia 538:10

818:18

column 800:17

Comandini 783:9

come 550:9 658:21

659:21 666:12

714:19 743:11

746:16 759:19

803:15

comfortable 549:16

568:3 590:16

coming 610:15

commission 818:19

communication

763:4

company 537:8,9

545:5 566:3

665:19 798:17

comparative 569:4

569:5

compendium 702:4

719:7

compilation 557:3

557:4 703:19

719:7,8 721:2

792:2,8 795:11

complaint 728:18

complete 564:4,11

578:16

completed 649:21

completeness

590:10,17 595:11

705:18 723:17

completes 817:13

completing 570:9

complicated 621:12

comply 742:4

concern 565:6

concerning 548:9

549:11 558:2

561:6 607:8 656:2

693:9 704:3

719:17 742:13

769:7 814:5

concerns 567:20

695:15

conclude 546:6

596:12 600:7

concluded 566:1

577:6 717:13

817:17

conclusion 574:5

591:6 593:6

594:13 648:12

738:11 745:14

756:22

conclusions 599:10

648:11 656:3,8,12

656:14,15 657:1

814:4

condition 731:19

conduct 759:5

conducted 604:2,17

605:4,14 606:11

607:4 710:18

711:19,19,20

715:20 716:15

717:2 770:1 794:5

confidential 785:10

confidentiality

544:10 693:1

751:21 756:1

confirm 727:17

confirmation

649:15

confusion 616:6

Connecticut 569:19

573:1

connection 733:6

constituent 667:18

constituents 602:14

612:10

contact 616:17

contacted 675:22

763:2,11

contacts 686:14

contain 593:10

contained 629:12

630:12 730:8,10

730:12 736:5

795:9

contains 792:10

contaminant

649:15 653:7

contaminants

695:16

content 602:7,16,17

contents 645:12

650:15 702:20

805:4

context 577:4

595:21 612:12

646:13 647:4

700:14 709:17

723:14 772:16

800:5

continue 814:19

continued 540:1

541:1 543:1 544:1

585:5

continues 627:17

continuing 627:22

contrary 774:3,7

control 558:3 708:6

709:1 718:22

727:4 744:13

convenience 728:17

conversation 763:9

copied 558:14

copies 552:7,21

578:11,12 579:4

592:2,3 618:14

728:10,18,21

729:1,4 735:18

copy 552:10 562:20

567:7,8,14 570:19

582:16 587:12

591:10,14,20

593:2 679:10

728:5 729:15

755:17 777:6

782:22 783:1,3

785:15

COREN 539:4

CORP 539:13

corporation 728:15

correct 546:15

548:8,20,22 549:6

549:12 555:11

556:7 560:11,14

565:20 566:15

572:12,18,19

578:6 583:6,13,20

584:2,4,11 585:1

585:5,7,11,20

586:9,17 595:17

597:10,13 602:8

603:18 609:12,15

609:21 610:12,13

610:15 613:4

615:4,4 623:21

624:17,20 625:17

625:19,21 626:3,9

626:21 627:4,14

627:19 628:6,22

629:3,22 630:12

630:19 631:5,13

632:2 633:5,14,22

634:6,16 635:15

636:8,11 639:4,11

639:18 643:21

648:3 649:3

654:18 661:13

662:6 663:6,8

677:17,18 680:9

680:10,16 681:3

687:14 695:22

699:6,10 702:18

703:19 708:7

709:2,9,18 710:13

710:19,22 711:13

712:3,6,19 713:8

715:2,12 724:20

728:4 731:19

732:12 737:19

740:13,17 741:16

747:13,18,20

748:6 761:6 762:6

764:13 766:6,7

767:7 770:11

773:18 778:4,9,20

781:2 782:8,12

790:4 793:21

797:10,19 798:22

805:21 806:21

807:9,16 808:3,11

808:18 809:6,7,9

809:15 810:2,10

810:19 811:4,20

811:21 812:3,12

814:6 819:4

corrections 819:6

correctly 593:12

603:21 649:17

760:11

correspond 811:8

corresponded

791:8

correspondence

735:16

corresponds

783:19

cosmetic 566:2,22

counsel 545:16

547:19 549:5

563:17 575:9

587:12 618:11

660:15 687:11

709:22 723:2

729:9 743:1,3,3

744:5 745:16,19

745:22 748:6

751:19 752:9,12

759:14 760:20

761:3 769:15

771:13 773:13

818:9,12

count 800:17

counting 802:2

counts 645:4,8

804:18 811:3

County 537:2

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 77 of 104 PageID:

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Page 5

545:6

couple 547:19

551:21 566:9

600:6 729:21

761:21 777:13

course 616:8

625:13 629:5

640:20 642:7

791:1 792:21

court 537:1 545:5

545:14,17 546:14

546:18 589:21

595:6 622:19

641:20 642:17

643:1,16 705:17

708:15 712:14

729:4,7 742:4,12

743:10 748:22

749:11 759:19

769:6 774:20

776:16 794:18

795:5 801:10

courtesy 749:13

courts 715:1,1

Court's 547:8,15

561:17 605:13

619:11 728:9

cover 595:1 641:12

641:22,22 747:6

covered 588:11

641:16 642:7

731:10 747:3

749:7

covering 588:11,14

588:19 641:13

749:10

create 565:6

criteria 677:10

689:14

criterion 668:4

cross-section 807:6

807:21 809:1,19

crushed 649:11

650:20 651:4

700:21 701:13

796:1

crushing 793:20

current 550:12

706:21 769:8

773:7 775:15

currently 543:14

673:21 674:15

683:2

custodian 706:21

custody 543:14

548:4 558:3 658:4

662:10 669:14,18

671:10 673:22

674:16 687:17

688:10 690:14

708:6 709:1

718:22 727:4

customer 557:2

Cuzzone 761:5,11

761:14 762:4,21

763:2,5,10,20

764:8 765:12,17

766:14 767:5,13

770:19 771:4

Cuzzone's 761:21

D

D 540:19 542:4

543:1 544:1

674:22,22 675:15

DALMUT 539:9

Dan 552:11

Daniel 537:14

538:1 542:2 545:4

545:19 817:13,17

819:2

Daniels 539:17

544:17 765:3

776:22 782:11

Dankwerth 556:16

DAP 540:13

data 600:15 618:19

619:2 639:14

645:3 648:11

696:22 700:2,12

704:9,10 718:8

731:21 732:15

734:3,7,11 735:13

739:21 741:8

744:13 779:16,19

804:9,16 815:2

816:13

database 715:12

770:2

date 583:6 625:15

768:6 819:11

dated 542:8,10,12

542:13 544:5,19

554:3,7 555:7,16

555:18,20 556:16

557:1,2,10 587:5

607:6 620:11

621:6 624:16

628:2,12 631:21

632:6 692:13

765:6 782:18

787:7

dates 651:14

David 544:16

776:21 782:10

day 588:7 598:8

629:6 640:21

641:16,17,21

642:8,10,17

699:21 706:5

717:5 723:15

731:15 747:4,4

749:12 772:2

788:14 819:14

days 547:20 588:12

649:21 739:5

749:8 752:22

791:1 792:22

DE 540:2

deal 672:12

dealing 672:8 674:6

dealt 719:9

debated 585:18

decide 566:3

621:19 776:16

decided 728:16

792:12

declaration 544:4

676:17,20 677:5,7

678:12,13 679:5

681:22 691:4,6

692:13

Decof 544:15

776:20 782:10

dedicated 601:7

Defendant 539:12

540:2,8,13,18

541:2 765:2

Defendants 537:10

539:6

deferring 621:17

defining 621:11

degree 620:8

Delaware 653:6

demanded 641:20

demanding 594:18

Dembrow 542:14

587:6

DENARO 540:14

density 697:12,14

dep 762:13 764:20

department 568:22

597:19 601:10,16

603:12,15 612:7

612:20 613:1

614:17 615:3,4

depends 657:7

697:12 708:2

714:11 715:6

DEPONENT 819:1

deposit 601:21

602:13 603:3

612:10

deposition 537:14

538:1 544:7 545:3

545:10 546:7

549:21 550:4,15

551:20 553:4

556:18 561:8

563:6 564:14

565:3 567:5,12,16

568:7,14 574:18

575:11,14 576:4,9

578:19 580:10

582:4 583:6,11,20

584:11 585:8

597:10,19 598:22

604:4 606:13

615:11 616:22

624:1 628:4,6

629:6 634:5,21

641:21 642:8,18

643:8,20 650:15

655:2 671:11

692:18 693:18

699:22 703:12,13

706:6 724:19,20

725:1 728:3 729:1

729:19 732:22

746:1 750:12,13

752:20 759:15

764:22 766:6,17

767:18 769:16

772:11 779:7

789:3 799:6 806:7

808:22 817:13,16

depositions 547:19

547:21 586:14,21

642:7 659:15

704:5 725:18

756:10

derivative 665:19

derivatives 680:9

680:22

describe 555:13

603:13 733:5,6

described 612:20

628:10

describes 632:4

description 542:6

543:3 544:3 633:6

635:13

designated 675:6,9

despite 749:11

destroy 597:2

757:17 758:1,14

destroyed 596:17

597:7 716:16

717:4,13 740:11

741:19 743:21

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 78 of 104 PageID:

24462
Page 6

750:18 751:2,7,12

751:20 752:6,13

753:5,14 755:4,5

757:16 758:10

destroying 740:9

destruction 741:13

760:6 775:19

787:11

detail 615:16

702:12 703:8

727:2 796:8

details 610:18

660:9 662:11

determination

810:15

determinations

742:5

determine 602:7

604:12 610:8

653:7 716:16

717:3 737:9 752:5

774:20 816:9

Detroit 578:21

DEUTSCH 540:19

Development

787:22

Dfaverell@pbnla...

540:6

DIANE 540:4

difference 562:1

differences 702:14

different 553:1

580:11 667:15

691:1 725:18

749:8 767:2 791:3

differently 767:1

diffraction 569:5

649:16,20

directed 592:1

direction 565:2

directly 549:12

796:6

disadvantage 729:9

disappointing

795:2

disclosed 567:4,10

567:15

discovery 746:18

discuss 550:7,17

572:10 660:20

730:9 762:19

discussed 573:7

575:16 616:22

622:6 624:1

638:18 640:10

679:16 704:5

717:5 799:16

814:1

discusses 566:17

792:6

discussing 616:7

705:9

discussion 575:17

703:15 806:12

disingenuous

801:14

dismiss 594:19

disposed 750:18

dispute 788:6,10

disputing 747:11

774:10,13 778:14

793:8 794:19,20

distinction 608:17

District 538:10

818:18

Division 537:2

545:6

Docket 537:3 545:6

document 544:9,13

551:11 553:19

554:11,13 566:12

578:21 579:1,6,20

591:2,15,20

593:13,16 611:1

620:21 621:1,17

622:11 623:2

627:9,16 630:11

630:12,16,19

631:1 636:10,14

638:4,13,17

639:15,22 645:12

645:18,22 646:18

646:20 647:22

650:12 672:6

692:22 694:4,20

694:22 701:11

703:2 705:8 708:2

709:9 710:18

711:9,11,18

728:19 730:2

732:3 733:5

741:18 746:4

751:6 757:12,13

758:8,13 765:6,8

765:18 775:7

776:18 784:4

786:21 787:2,10

792:4 795:10,13

795:21 797:11,14

797:17,21 799:9

800:5 802:6,19

803:1 809:20

811:6 812:3,11

813:10

documentation

570:14 670:13

documents 548:2,5

548:9 549:4,11,20

550:8,15 551:8,17

553:15,16,20

555:4,21 556:9,10

556:13 558:6,13

561:3,6 563:5

571:21 572:3,9

578:15,15 592:2

597:4,12 599:1,1

605:10 606:19

610:17,19 617:2

618:13,14,17

624:5 642:3

645:14 646:4,5,13

647:4 650:16

651:18 654:2,6

655:2 656:11,14

656:22 664:22

669:21 693:9,11

696:7 702:9

705:10 708:5

710:3,22 713:6,6

717:19 718:4,18

718:22 719:6,9,16

721:7 722:1

724:10,18,22

725:2,7,9,10,13

725:18 728:10,14

728:14 729:5

730:9 732:4

736:15 737:6,9

742:9 755:3

756:10,16 757:1

758:9 766:5,15

767:3 774:4,14

775:6 787:16

789:2,4,9,11,17

790:5 791:3,22

794:19 805:4,7

812:20 816:4,8

doing 580:2 588:5

609:9 616:9 651:7

651:8 669:20

694:3 712:2 736:7

736:8 775:2,3

doodling 637:20

doubt 746:11

802:17

DOUKAS 539:18

dozen 721:6 742:19

773:11

dozens 605:1

606:19 791:2,2,3

791:3,6 792:13,21

792:22 816:8

Dr 569:18 573:1,4

574:4 575:13,21

597:9,19 598:5,12

598:18 599:15

600:22 604:10

606:13 607:4,4

611:6 614:15

615:11 617:12

628:20 632:14

634:5 640:17

644:7 655:4,4

693:10 703:12,13

704:4,4 716:17

717:5 724:12,19

725:3,22 726:5

727:6 728:4 730:5

731:2,20 733:19

734:19 736:15,18

738:10 739:22

740:13 741:8

745:18 748:4

750:7,19 751:1,11

751:19 753:4

761:3,16 762:13

762:18 766:11

767:11 768:17

771:5 776:8

780:13 783:20

784:15 785:2,4,16

787:19 788:2

789:3,5 797:22

806:7 815:9,9,9

816:14

dried 649:11 651:4

drying 793:20

due 606:9

duly 545:20

DUNST 539:18

DUPONT 540:2

duties 546:19

DVD 545:3

D.C 537:12 538:6

545:11 691:22

728:17

D.M 653:6

E

E 539:1,1 540:1,1

541:1,1 542:1,4,4

543:1,1 544:1,1

674:22 675:1

earlier 570:11

720:8 731:12

734:4,19 746:10

746:11 802:12

803:20

early 543:12

673:16 674:10

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 79 of 104 PageID:

24463
Page 7

Earroyo@oslaw....

541:5

East 539:15

EASTERN 539:7

easy 715:10

eat 692:2

Ed 543:10 625:6

673:15 674:9

675:6

EDELL 539:14

Edward 544:4

692:13

effort 601:8

either 558:13 593:1

629:2 636:11

671:13 676:9,15

676:22 731:9

803:4 810:9

electro 780:14

electron 603:4

649:14,20 651:8

695:17 697:1

701:2 734:10

electronic 708:22

709:1

electronically

707:19

Elias 541:3 817:10

Elizabeth 539:9

762:20 765:11

elizabeth.dalmut...

539:11

Ellis 538:3 539:8

706:10,17,22

708:7 709:2

Elmo 563:21

embarking 615:20

employ 569:14

615:13

employed 818:10

818:12

employee 818:12

employees 550:12

550:13,17 616:1

employment

625:13

EMTAL 543:6,6

551:11,18 558:2

563:3 566:15

567:11 576:22

577:16 585:10,11

585:19 586:4,7,17

589:13 590:13

592:17 594:2

596:4,8,18 597:4

597:20 601:18,21

605:2 607:18,19

608:2,3 619:19

621:7,11 628:21

658:1,10,17 659:3

659:7,11 661:12

662:3,17 663:3

666:16,17 667:14

673:8,9 679:16

690:1 697:6 698:2

698:6 699:5,14,14

702:22 703:1,14

705:20 715:11

718:5 719:1,17

720:17 721:20

730:8,10 759:2

789:4 794:6

796:11 797:18

798:16,21 799:11

800:1,7 814:12,20

816:5

Enclosed 591:9,18

591:22 592:5

encountering

814:20

ended 762:5

Engelhard 543:8

548:2,2 550:12

556:12 558:4,19

559:14 584:3,15

585:4,20 586:15

590:12 594:18

604:3,17 605:14

606:12 610:3

611:8 614:2

615:13 616:1

625:13 636:2

637:8 666:4

669:10,15,22

670:6 673:10

705:19 706:9

714:6 716:14

717:2,12 719:8,16

720:1,2,13,16

730:9 737:11

738:9 739:20

740:17 744:12

745:16,19 747:17

748:6 750:17

751:20 752:13

753:14 756:11,12

756:16 757:19

761:4 770:18

771:12 786:22

787:7 792:4,10,13

799:22 814:5

Engelhard's 584:4

584:10 593:9

engineer 625:5

Engineering 792:9

entered 756:1

entire 619:11,14

entirely 810:16

entitled 544:9,13

636:2 647:22

649:5 692:22

700:2 765:1

776:18

entrance 726:13

803:7,15

entries 718:16

entry 783:14 785:3

equivocal 594:13

Errata 819:8

Esq 539:3,4,8,9,9

539:14,18 540:4,9

540:14,19 541:3

542:16 587:8

Estate 537:5

et 537:9 544:18

545:5 569:10

776:22 782:11

eventually 584:22

evidence 569:8

571:3,7 572:1,6,8

572:10 585:8

586:16 594:1

595:15 596:7,17

597:2,7 604:2

670:22 716:16

717:3,13 718:3

724:11 752:13

753:15 754:3

755:4 758:1,14

760:7,14 764:9

768:16 770:19

772:5 775:11,14

775:22 776:10

787:11

evolved 737:1

exact 811:20 812:2

812:7,11

exactly 633:4

634:14 657:1

662:10 677:16

679:5 729:6 732:8

735:3 746:12

750:13 802:7

803:3 808:7

examination 542:2

546:1 569:5

examinations 697:2

examine 628:21

790:1

examined 545:22

example 581:7

697:5 709:15

718:9,16 725:8,17

759:18 812:10

examples 549:1

716:12

exams 569:6

excluding 789:8

exclusively 549:5

Excuse 608:6

641:19 712:12

749:1 791:15

815:16

Executrix 537:4

exhibit 542:7,9,11

542:13 543:4,9,13

543:16,19 544:4,6

544:9,13,19 551:7

551:17 552:12,13

553:8 554:1,5

555:5,15,17

556:15 563:13,16

587:3,4 591:5

607:16 618:13

619:15 623:19

624:17,18,19

625:1,19,22 626:3

628:3 629:2 632:1

636:8,17 637:9

657:17 671:21,22

672:3,9,14 673:6

674:7,13 675:4,5

681:15,17 686:20

692:12,16,21

693:18 694:6,9

718:6 727:20

733:2,3 755:10,16

755:22 764:22

765:19 766:16

767:4 776:17

782:17 783:7

789:2 796:18

801:19,21 802:8

803:10 809:4

exhibits 553:12

555:10 556:17

557:12 560:6

573:9 575:17

580:10 607:6

642:6 705:1,4

718:9 719:14

761:21 766:5,12

777:21 806:7,8

exist 574:15 653:22

780:11 782:5

792:18 794:19,20

795:4,17,18

812:11

existed 559:20

561:2 574:17,19

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 80 of 104 PageID:

24464
Page 8

574:21 576:4

627:7 715:11

768:16

existence 549:19

550:13 558:3

559:7 560:17

611:17

exists 670:21

expansive 613:14

613:15,17 614:9

expected 649:20

Experiment 792:9

expert 577:20

578:2 667:22

698:14,20 700:9

725:22 757:8

758:15 796:10

810:8,15 814:14

expertise 616:16

experts 577:22

expires 818:19

explain 634:6

exponential 698:10

extensively 704:5

extent 811:16

extracted 689:2

extraneous 602:17

E.A 540:2

F

F 674:22 675:1

756:20

facility 619:20

fact 550:17 576:21

585:19 600:6

646:17 647:9

696:4 729:3 795:4

801:7 805:21

808:3

facts 574:13 576:1

577:2,19 585:9,17

594:9 595:20

627:12 753:22

774:3,6 775:1

810:21

fair 617:9 646:6

677:14 680:4

683:19 719:12

726:5 744:6 790:3

Fairfield 539:15

fairly 676:7

familiar 618:16

700:13

far 616:15 725:9

766:13 780:10

Farrell 539:8

546:12,22 547:9

547:17 548:12,21

549:8,13 550:5,22

551:13 552:10,15

552:19 553:2,13

553:18 554:9,17

554:21 555:1

556:1 558:5,21

559:16 560:3,13

560:19 561:11,19

562:5,15 563:11

563:15 564:6,17

565:7,13 566:16

567:17,22 568:8

568:15 570:6,16

571:8,16 572:13

573:5,13,20

574:12 575:2,6,15

575:22 576:10,16

577:1,11,18 578:7

578:17 579:1,3,7

579:10,15,19

580:5,18 581:2,15

582:7,18 583:7,21

584:5,12 585:12

585:21 586:10,18

587:13,17,20

588:2,6,10,14,18

588:22 589:14

590:1 591:10,14

591:19 592:1

593:1,14,15 594:4

594:7,20 595:5,10

595:18 596:5,10

596:20 597:14,22

600:2,12,20 602:2

604:5,20 605:18

605:22 606:14

607:21 608:11,14

608:18 609:2,5

610:6 611:10,13

614:3,18 615:5

617:5,11,14 619:4

619:12 622:7,17

622:21 623:9

624:2,8 625:20

626:4,10,16,22

627:5,11 628:7

629:4,13 630:1,13

630:20 631:6,14

633:7,15 634:1,7

634:17 635:6,16

636:12,20 638:15

638:22 639:5,12

639:19 640:5,9,19

641:8,11,14,15,19

642:20 643:4,9,13

643:22 644:10,16

645:9,20 646:10

646:22 647:10,16

648:13 650:6

651:10 652:2,12

652:17 653:13

654:3,11,19 655:6

655:14,19 656:5

656:17 657:4

658:2,11,14 659:4

659:12 660:1,7,20

661:3,7,14,22

662:7,19 663:7,15

664:21 666:8,15

667:3,10,20

668:15 669:1,5,17

670:8,15 671:1,12

672:4,10 677:19

678:6,12 679:9

680:5,19 681:21

682:3,6,9 683:10

683:17,20 684:15

685:3,7,21 686:7

687:9,21 688:12

689:7,16 690:2,8

690:21 691:6,11

692:1 693:14,20

694:7,18 695:3

696:1 697:8 698:7

698:12,18 699:7

699:18 700:7

701:6,9 703:4,20

704:6,19 705:4,8

706:4,13 707:1,6

707:13 708:8,16

709:3,10,19 711:1

711:14 712:7,12

712:20 713:9,17

714:1,9,15 715:3

715:13,19 716:2,7

716:18 717:6,15

718:12 719:3,18

720:3,21 721:12

721:21 722:8,15

722:22 724:13

725:4 726:15,21

727:9,12 728:5,9

728:12 729:3,14

730:5,17 731:1,7

731:14,22 732:16

733:3,18 734:22

736:17 737:12,20

738:2,13,18 739:2

739:13,17 740:2

740:14,18 741:9

742:6,18 743:6,13

743:22 744:7,14

746:3,19,22

747:21 748:7,16

749:1,5,17,20

750:3,9 751:3,13

752:2,7,14,21

753:6,16,21 754:5

754:8,12,16 755:7

755:17 756:17

757:9 758:2,16

759:7,12 760:2,8

760:15 761:7,17

762:7,16 763:15

764:1,11,14

766:12 767:1,14

768:4,11,18 769:3

769:11,20 770:4

770:11,12,21

771:8,15 772:1,7

772:13,20,21

773:10,19 774:1

774:10,13,18,22

775:5,13,18,21

776:7,14 777:6

778:5,13 779:11

779:18 780:5,16

781:6,12,18 782:3

782:22 783:3,21

784:11,18 785:5

785:17 786:3,9,16

787:5,13 788:1,8

789:6,13 790:8,16

790:20 791:15,18

793:3,8,12,16

794:2,10,14,17

795:1,7,8,16

796:13,19 797:5

797:12,17,20

798:9,14 799:1,13

800:2 801:7,13,22

802:9,21 803:12

804:3,11,22

805:12,22 806:11

806:22 807:10,17

808:5,9,12,19

809:10,16 810:3

810:11,20 811:5

811:13,22 812:4

812:13,22 813:11

813:19 814:7,13

814:21 815:11,16

815:20,22 816:15

816:20 817:1,5

Farwell 569:18

573:1 574:4

575:13,21

Farwell's 573:4

fast 691:20

faster 663:19

fate 549:19 550:14

fault 623:20

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 81 of 104 PageID:

24465
Page 9

FC 542:17 587:8

February 557:11

695:15

feel 641:10

feeling 582:9

596:11

fell 616:14

FERNANDEZ

541:3

fiber 648:8,12,16

fibers 602:22 603:3

613:13 614:8

697:21 698:5,10

699:5,17 700:6

702:22 703:1

796:11 798:21

802:3

field 736:3,4,10,22

767:12

fighting 682:4

figure 651:18

662:15 688:10

691:22 785:2

file 558:17 559:2,6

559:10,10,13,19

560:2,5,8,16

561:2,10 562:11

562:20,22 563:2

726:3,4 768:9,16

768:17 769:19

filed 590:11 705:19

714:6,22 715:1

761:4 768:1 771:3

files 557:21 558:2,9

589:12 590:11,17

591:1 705:19

706:3,7,8,21

707:2,4,8,11

708:10,13,22

709:8 712:6

724:12 725:2,11

768:10 769:15

filled 618:12

final 599:11,22

600:4,8,11 611:21

finally 614:13

financially 818:13

find 571:21 574:4

575:4 602:13

622:14 653:20

660:13 667:17

668:14 692:2

703:18 704:2

708:1 709:7,18

712:19 713:7

714:5 715:2,10,11

724:11 742:22

759:5,5 760:13

771:6 787:2

finding 573:1 698:5

698:10 750:6

798:21

findings 621:18

622:15 641:6

fine 546:5 580:1

617:16 663:20,21

691:17 729:11

finish 731:11

finished 574:1

588:22 605:15

608:10 610:5,10

731:14 749:20

750:3 790:16,19

812:4 816:20

817:2

finishing 570:19

firm 593:20

first 545:20 547:18

552:12 553:3

555:2 556:2,5

561:1 578:4

584:19 587:11

588:12 645:7,14

648:16 651:1

663:14,14 665:15

665:16 723:15

750:6 763:2,4,10

777:11

fit 581:10,21

five 565:12 629:6

642:7 663:17

733:12 811:17

five-page 635:22

flip-flopped 569:21

Floor 538:5

Florham 540:15

fluorescence 569:6

folder 563:5

following 695:13

follows 545:22

follow-up 657:12

706:20

forced 731:21

732:13

foregoing 818:3,5

819:3

form 542:8,9,12

546:22 547:9,17

548:12,21 549:8

549:13 550:5,22

551:13 554:3,6

555:7,16,18,20

556:1 557:1,9

558:5,21 559:16

560:3,13,19

561:11,19 562:5

563:11 564:6,17

565:7 566:16

568:15 570:6,16

571:8,16 572:13

573:5,13,20

574:12 575:2,6,15

575:22 576:10

577:1,11,18 578:7

578:17 580:18

581:2,17 582:7,18

583:7,21 584:5

585:12,21 586:10

586:18 589:14

594:7,20 595:18

596:20 597:14,22

600:2,12 602:2

604:5,20 605:18

605:22 606:14

607:21 608:14

610:6 611:13

614:3,18 615:5

617:5 619:4,12

622:7,17,21 623:9

624:2 625:20

626:10 627:11

628:7 629:4,13

630:1,13,20 631:6

633:7,15 634:17

635:6 636:12,20

638:15,22 639:5

639:19 640:9,19

641:8 644:10

645:9,20 646:10

646:22 647:16

648:13 650:6

651:10 652:2

653:13 654:3,11

654:19 655:6

656:5,17 657:4

658:2,11,14 659:4

659:12 660:1,7

661:14 662:1,19

663:7 666:8 667:3

667:10,20 668:15

669:1,5,17 670:8

670:15 671:1

680:5,19 683:10

683:17,20 684:15

685:3,7,21 686:7

687:9,21 688:12

689:7,16 690:2,8

693:14,20 694:7

696:1 698:12

699:7,18 700:7

701:9 703:4,20

704:6,19 706:4,13

707:1,6,13 708:2

708:8,16 709:1,3

709:10,19 711:1

711:14 712:7,20

713:9,17 714:1,9

714:15 715:13

716:18 717:15

718:12 719:3,18

720:3,21 721:12

721:21 722:8,15

722:22 724:13

725:4 726:15,21

727:9,12 730:17

731:22 732:16

733:18 734:22

736:17 737:12,20

738:2,13 739:2,13

740:2,18 741:9

742:6,18 743:7,13

743:22 744:14

746:3,19,22

747:21 748:7,16

750:9 751:3,13

752:2,14 753:6,16

753:21 754:5

755:7 756:17

757:9 758:2,16

759:7,12 760:2,8

760:15 761:7,17

762:7 763:15

764:1,14 767:14

768:4,11,18

769:11 770:12,21

771:8,15 772:7,13

772:21 773:10,19

779:11,18 780:5

780:16 781:6,12

782:3 783:21

784:11,18 785:5

785:17 786:3,16

787:5,13 788:1

789:6 790:8 797:5

797:12,20 798:9

799:1,13 800:2

801:22 802:9,21

803:12 804:3,11

804:22 805:12,22

806:22 807:17

808:12,19 810:4

810:11,20 811:5

811:13 812:5,13

812:22 813:11,19

814:7,13,21

815:11 816:15

819:7

format 813:6

former 550:12,17

forth 593:7

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 82 of 104 PageID:

24466
Page 10

forward 720:6

785:15

found 557:16 570:1

570:20 573:9,11

573:15,18 574:3,9

574:10 575:21

576:2,21 577:7

578:4 579:12

602:15 603:3

604:1,15 619:14

625:22 629:9,19

629:22 630:15,22

631:4,9,12 633:21

636:13 637:21

638:21 639:7,10

639:13,15 644:8

645:7 647:17

653:21 656:15

657:1 696:8 699:4

699:14 702:22

703:1 704:22

725:11 727:2,3,7

727:16 742:9

743:17 790:9

805:16

foundation 548:13

558:22 559:17

560:20 561:12,20

562:6 564:18

568:16 570:7

571:9,17 572:14

573:6,14,21

574:13 575:7

576:1,11 577:2,12

577:19 580:19

581:3,17 582:8,19

583:8 584:6

585:13,22 586:11

586:19 589:15

594:8,21 595:19

596:21 600:3,13

604:6,21 605:19

606:1,15 607:22

608:15 614:4,19

615:6 619:5

622:22 626:11

627:12 629:5,14

630:2,14,21 631:7

633:8,16 634:18

635:7 636:21

638:16 639:1,6,20

640:20 641:9

645:10,21 646:11

647:1 648:14

650:7 651:11

652:3 653:14

654:4,12,20 655:7

656:6,18 657:5

658:15 659:13

661:15 662:1

666:9 667:21

671:2 683:21

684:16 685:22

687:22 690:3,9

693:21 694:8

696:2 697:8

698:13 699:8,19

700:8 701:10

703:5 704:7,20

706:5,14 707:2,7

707:14 708:9,17

709:4,11,20 711:2

711:15 712:8,21

713:10 714:10,16

715:14 716:19

717:16 718:13

719:4,19 720:4,22

721:13 722:9,16

723:1 724:14

725:5 727:13

730:18 732:1,17

733:19 735:1

736:18 737:13,21

738:3,14 739:3,14

740:3,19 742:7,19

743:7,14 744:1,15

746:4 747:1,22

748:8,17 750:10

751:4,14 752:3,15

753:7,17,22 754:6

757:10 758:3,17

759:8,13 760:9,16

761:8,18 762:8

763:16 764:2,15

767:15 768:5,12

768:19 769:12

770:13,22 771:9

771:16 772:8,14

772:22 773:11,20

779:12,19 780:6

780:17 781:7,13

782:4 783:22

784:12,19 785:6

785:18 786:4,17

787:14 788:2

789:7 797:6,13,21

798:10 799:2,14

800:3 802:10,22

803:13 804:4,12

805:1,13 806:1

807:1,18 808:13

808:20 810:4,12

810:21 811:6,14

812:5,14 813:1,12

813:20 814:8,22

815:12 816:16

four 565:12 632:18

731:8

fourth 783:14

Friday 649:10

front 555:10

563:21 588:1

589:4 598:9

665:16 695:7,8

729:10 744:21

760:10 777:21

778:21 800:11

801:3

fully 547:15 710:17

711:18

fundamental

735:13

furnished 756:11

756:16

further 591:8

696:16 765:16

818:11

Fuschino 783:9

f/k/a 537:8 539:7

G

G 632:20

Gale 598:19 601:4

601:17,18,18

604:11 607:4

613:10,11 615:12

615:13 616:9

618:19 619:2,19

620:5,11,16 623:2

624:16 625:6

627:19 628:2,11

628:19 629:17,17

629:19 630:4,7

637:20 643:19

644:7 655:4 656:9

664:8 665:3,9

693:10 694:3,12

694:13 695:10

704:4 794:5

796:22 797:18,22

798:7 815:9

816:14

Gale's 622:15

638:4,20 640:3

644:4,8

gathered 726:19

general 548:4

565:2 569:20

574:5 575:17

602:13 612:9

613:12,17 759:15

generalized 612:13

generally 555:13

566:8,14 598:21

601:19 604:14

711:21

generated 600:15

611:22 719:16

734:3 740:17

815:3

geologic 604:13

geologist 569:14

616:9 668:2,13

690:11 790:6

813:21

geology 602:13

612:9 613:12

614:8 667:22

Georgia 616:11

644:20 649:14

650:17 651:13

652:1,5 696:5

697:2 700:15,17

700:22 701:1,15

701:19 702:7

704:11,14 792:9

796:2 799:17

810:18 813:5,5

germane 722:21

getting 679:9 717:6

788:11

give 547:7 552:20

587:11 593:4,11

671:5,17 672:2

712:12 724:1

727:1 731:21

736:11 737:10

749:12 793:21

802:17 810:19

given 572:20

578:16 583:11

605:9 649:19

686:16 785:15

818:8 819:5

gives 565:2 629:18

Glassley 723:21

724:12 725:1,3,22

726:5,10 727:6

728:4 730:5

731:20 732:4,12

734:19 736:15

739:22 741:8,15

742:15 745:15,18

747:17 750:7,19

752:9 753:4 759:3

759:22 761:16,20

762:5,18 763:21

764:10,20 766:11

767:11 768:17

771:5 773:8 776:7

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 83 of 104 PageID:

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Page 11

778:4,19 780:9,13

783:20 784:15

785:4 786:5 789:1

789:5 803:2

Glassley's 724:19

729:1 731:2

736:18 738:10

740:13 742:8

744:13 748:4

751:1,11,19 761:3

762:13 769:16

776:8 785:2,9,16

789:3

go 552:15 565:16

568:20 580:4

581:19 598:11

606:17 607:5

608:1,3 611:12

615:18 618:8

619:17 624:11,12

631:18 635:21

636:16 637:4

647:20 648:21

653:1 657:13

660:19 663:12

671:5 691:3,20

694:15 700:20

712:15 724:5

726:6 734:1 735:7

736:20 745:6,10

746:8 750:16

756:20 758:5

762:14 764:19

783:12 796:8

799:19 800:22

801:6

goes 569:13 621:4

631:18 718:9

766:10 795:12

going 555:2 588:8

594:22 595:1,12

599:3 608:20

616:10 617:14,18

635:22 642:16

643:5,15 654:8,17

660:19 663:17

664:1,16 671:16

672:10 684:13

690:20 691:20,21

692:7 694:19

720:5 724:5

728:13 731:3,13

732:11 736:10

737:5 739:15

749:10 754:18

755:15 774:11

778:15 788:16

789:10 792:19

793:7,11,15

794:21 795:18

798:3 799:5 801:5

802:4 816:22

817:15

good 546:3 561:18

565:2 566:22

569:15 583:11

690:19 691:19

693:6 698:9 807:6

807:21 809:1,18

GOODLOE 539:18

Gordon 542:14

550:2,7,9 562:19

576:8 584:20

587:6 593:20

642:13 709:16

710:2,3 712:18

713:1,7,22 757:3

gotten 764:9

govern 756:9

grab 657:17

graph 636:1 637:6

637:7

Grassley 544:7

692:18 776:4

Grassley's 733:19

gravity 697:14

Great 794:9

greater 811:17

grid 802:3

grids 781:10

Grimm 544:15

776:20 782:10

grit 632:20

ground 673:20

674:21 679:18

731:8

Grove 541:4

GTEES 644:20

guess 560:21 574:4

596:11,16 608:20

647:2 659:14

696:20 711:16

715:7 728:11

748:18 778:10

779:3 791:17

793:5 810:16

814:1

Gunter 543:15,17

543:21 672:20

673:4,22 674:16

675:13 679:20

680:3 681:9,19

682:14 683:8,14

685:13,17,19

686:13 687:1,8

688:8,9 689:9

690:13

H

H 542:4 543:1

544:1,16 592:5

776:21

half 731:12 742:19

773:11

halfway 616:12

hand 590:8 681:14

handed 798:7

handful 767:2

handled 665:18

handling 637:7

hands 593:13

handwriting 560:7

638:3,5 710:11

handwritten 636:1

637:6 708:4

711:13

happen 713:2

happened 558:8

561:9 575:12

582:3 583:17

609:21 610:1

617:3 657:2 660:2

671:10 733:12,17

735:4 737:9 743:4

744:5,10 760:14

761:1,14 762:3

786:1

happy 729:1 795:9

799:6

harassing 568:8

606:15 619:5

635:16 640:21

644:1 662:1 670:9

704:20 721:13

739:3 742:7,20

743:14 744:1,8

748:17 749:7

769:12 805:13

806:1 807:18

809:11 816:17

harassment 749:14

hard 583:17

head 605:8 617:7

heading 637:7

hear 746:6

Hearing 817:5

Held 538:2

helpful 562:4,7

helping 692:5

Hemstock 556:16

556:17,18 557:11

560:17 597:19

598:12,18 599:15

600:22 604:10

606:13 607:4

609:3,7 611:6

623:19,22 624:19

627:19 628:5,20

631:21 632:2,14

634:5 640:17

641:1 642:6

643:20 644:7

649:3 655:4 664:8

664:11,18 693:10

693:18 694:3

695:1 701:21

702:2,17 704:4

716:17 717:5,14

787:19 794:5

796:22 797:18,22

798:7 815:9

816:14

Hemstock's 597:9

598:5 614:15

616:22 617:12

703:12 788:2

808:22

hereof 818:6

hereto 756:11

818:13

Hi 693:7

highlighted 620:8

696:13 700:21

701:13

hired 725:22

761:16

hiring 762:5

historical 589:12

708:13 725:2

768:10

HOAGLAND

539:18

holding 776:8

home 578:10,18,20

578:21

hopefully 546:6

788:13

hour 617:15 663:17

731:13 791:17

795:2

hours 547:20 629:6

640:21 642:8

731:8

house 676:3

How's 660:17

Huene 734:17

hundred 559:5

hundreds 721:6,6

815:2 816:4,7

hypothetical

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 84 of 104 PageID:

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Page 12

565:10 596:16

I

idea 561:9,18 565:2

565:9 580:20

582:5 621:13,21

784:21 785:21

807:15

identification 554:4

554:8 555:8

587:10 628:13

649:15 653:5

673:11 674:12,17

681:20 687:3

692:15,20 693:4

695:16 728:1

755:13 777:2

782:21

identified 546:18

551:10,16,22

558:18 623:22

655:1 657:16

675:11 681:6

721:11 789:2

identify 662:10,12

663:11 675:3

746:12

II 539:18

III 537:16

imply 700:11

important 564:15

572:11 585:9,17

595:22 605:12

657:3,6 662:12,15

670:21 696:8

702:13 754:4

810:18

improperly 815:17

include 720:5

included 580:10

586:4 606:4

702:10 719:6

including 569:7

620:12 642:12

726:19 756:10

789:8 795:11

independent

548:19

independently

549:16

indicate 611:16

indicated 602:19

620:9 755:3

indicates 597:3

799:21

indicating 655:3,17

individual 553:15

590:19

individually 537:4

563:1

individuals 628:3

628:11

industry 592:7

information 547:22

548:5,8 549:10,14

549:19 550:2,3,13

559:9,21 561:6

562:3,10 563:17

564:22 567:4,21

571:19 575:5

586:22 595:22

627:7 629:16,19

650:14,16 655:22

656:9 660:9 663:5

670:1 676:1 687:7

690:15 694:2

696:9 697:18

704:14,15,17

717:7 718:15

721:3,18 736:5,6

737:2 740:16

747:9 767:13,19

770:10,15 771:4,6

771:13 774:16

779:21 780:19

800:11 813:6

815:4,17 816:3

initiate 603:12

612:20

initiated 597:20

601:10,15 603:13

612:21 614:2,16

695:14

injuries 590:12

705:20

Inlet 694:20

inside 803:16

insignificance

814:6

insists 621:12

insofar 562:8

inspection 671:14

672:6

Institute 616:11

644:20 665:18

697:2 700:22

701:1,16 796:2

instruction 728:9

intended 612:9

intent 602:12

645:12

interested 601:20

602:4 603:1,1

818:14

interesting 800:20

internal 716:15

717:2 730:9

interrogatories

714:6 765:2

interrogatory

714:14,18

interrupt 677:19

interrupting 749:6

749:14

investigate 742:16

746:15

investigating 592:6

investigation

616:12 617:1,3

620:14,15,17

623:3 629:18

630:4,7 649:5

656:10 665:3

685:16 695:14,15

716:15 717:3

737:8 742:3 759:4

759:9 771:5

791:19 792:4

investigations

591:7 593:7

594:12,14,15

681:10 700:15

701:2

involve 653:4

involved 592:6

616:1 759:3 797:1

involving 585:10

Ira 542:14 587:6

iron 556:11 557:16

602:16

irrelevant 642:14

Island 761:4

Islands 736:8

issue 586:4 621:11

661:1,6 672:11

677:22 799:7

issued 600:1 640:13

717:5

issues 546:18 547:3

547:12 585:18

735:17 742:17

i.e 649:11 651:4

J

J 538:8 542:14

544:20 587:6

782:19 818:2,16

James 539:18

540:9 817:9

jandris@rjm-la...

540:12

JANICZEK 540:9

Jared 671:13

Jeffrey 542:15

587:7

Jersey 537:1

540:20 545:6

728:15,15

jgoodloe@hoagla...

539:20

JOHN 537:5

Johnson 543:5,11

543:20 592:16

593:9 605:14,15

606:12,20 649:9

666:5 667:14

673:8 674:9

682:15,22 686:17

686:22 689:12

719:10 726:12

730:12 733:9,13

736:6 748:5

750:18 800:7

802:13,15

joined 601:19

JOSEPH 540:19

jrasnek@mdmc-...

540:21

Juan 736:7

judge 592:1 672:13

710:10,15 711:17

711:17 731:17

801:12,14

judge's 711:12

judgment 643:2

715:10

July 557:2 701:20

702:1,16 819:14

June 542:10 544:8

554:7 555:18

692:19

jury 641:7

justified 642:17

K

K 542:4 543:1

544:1

Karen 569:15

571:13,19

keep 583:14 690:20

691:20 731:13

732:8 734:5,7,9

735:9,11 736:1

Kelly 544:20

782:19 783:8

Kemble 540:20

kept 618:19 641:2,6

727:4 732:7

734:20 735:4

736:15 738:5,6

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 85 of 104 PageID:

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Page 13

787:22

key 647:7 734:12

kind 569:21 590:20

613:15 615:16

626:20 634:14

668:7 690:6 759:4

808:10 809:8

kinds 561:3 798:15

Kirkland 538:3

539:8 706:9,17,22

708:6 709:2

KLUGER 540:14

knew 549:1 574:20

576:13 611:18,18

751:2 763:11

know 552:20

554:10,13 558:1,8

558:11,12,18

559:3,6,8,9,13,15

559:19,19,20

560:8,10,12,16

561:1,1,2,3

562:11,19,21,22

563:4,7 565:14

567:7 568:13

569:19,20 570:8

571:6,10 572:15

572:16 573:11,15

573:19 574:9,19

574:21 575:1,8,9

576:5,8,12 577:9

578:1,11 579:7

581:4,20 582:21

583:9 584:15

586:3,12,14

588:16,20 591:1

592:11 596:1,1

598:22 599:22

605:12 610:16

612:11,12 616:18

618:11 620:16

624:12 625:1

626:7,8,12,14,18

626:20 627:1,3,6

627:7,10,15,17

628:14 629:11,15

629:21 630:3,3,11

630:18 631:3,8,9

631:12,16 633:10

633:19 634:2,20

635:4,18 637:19

637:21 639:3,9,17

639:22 640:22

641:1,1,5 644:4,9

645:15 646:3,7,14

647:3,7,12,17

648:10,15,17,18

650:13,21 652:4

652:16 653:16,17

653:21 654:1,5,6

654:6,14 655:9,15

655:21 656:8

657:7,18 658:9,22

660:8,9,10,10

661:1,17,19 662:5

663:4 666:19,22

667:1,2,5,8 668:1

668:4,7,10,11,17

668:22 669:3,7,13

670:7,11,17,17

671:3 672:8 674:5

675:20 676:3,5,13

676:16,19 677:2,4

677:5,9,13,15,16

677:18 678:5,9,11

678:17,20 679:1,2

679:3,4 683:6,7,8

683:8 684:1,4,6,6

684:8,10,10,12,17

684:21 685:4,6,8

685:12,13,14,19

685:20 686:1,2,5

687:15 688:2,3,3

688:4,6,7,8,8,16

688:19,21,22

689:1,2,4,5,10,14

689:17,19,21,22

690:4,6,10,13,16

691:8,9,13 697:7

697:18,19 698:20

698:21 702:13,19

702:19 703:6

705:10 706:15

709:21,22 710:6,6

710:21 711:11,19

713:1,2,3,11,13

713:18 714:2,3,20

715:5 716:11

717:8,10,12,17

721:1,3,5,22

722:10,20 725:6,7

725:8,10,19

727:15 729:6

732:2 737:15

738:6,15,17,19

740:1,4,7,8,10,20

740:21 741:18,19

742:2 743:16,17

743:20 744:3,9,12

744:16,17,19

746:13,16 747:9

748:10 753:9,18

754:3,7 757:11,13

758:21 760:4

761:1,20 762:1,3

764:6,16 766:13

766:18 770:14,20

771:1,10,22 772:9

773:2,3,21 774:1

774:3,3,5,22

775:1 777:22

778:1 779:16

780:3,7,8,10,11

781:8,14,19,20,22

782:2,5,6 785:7

785:13,19 786:5

786:10 788:10

790:9 792:12,15

795:4 796:5,18

800:5,9,16 802:12

802:16 803:2,3,4

803:14,15,19

804:1 805:3,6

806:13 807:4,8,14

807:20 808:2,6,7

808:10,14,16,22

810:8,14,22 811:3

811:11 812:7,19

813:2,22 814:9,11

814:15,18 815:1

816:12,18 817:3

knowing 603:2

616:16 645:13

688:9

knowledgable

547:2

knowledge 560:2

564:5 603:16

613:2 621:21

707:12 758:7

known 549:20

550:14 562:17

761:10

knows 667:6

685:12,13,15

782:6 789:15,17

792:15 801:8

L

lab 718:16,21

719:15 720:19

790:7

laboratory 542:7,9

542:11 554:2,6

555:6,16,18,20

556:20,22 557:8

638:7 726:20

larger 697:17

lastly 647:14

late 543:11 673:16

674:10

launched 771:5

Law 537:2 545:6

lawsuits 590:11

705:19

lawyer 594:18

722:11 732:14

757:7 758:18

784:20

lawyers 548:11

549:12,18 550:2

561:7,9 562:3

576:7 583:19

584:4,10,15,22

585:1,5 586:16

600:10 712:19

720:13 740:1

lead 596:12 648:11

learn 711:20

learned 548:2

562:17

learning 547:21

601:20

leave 682:6

Lee 657:18,22

658:4 659:6 660:4

679:17,21 680:2

680:10

left 578:21 615:13

616:12 726:3

736:2 788:13

801:10

legal 545:14,15

586:2 614:16

615:4 661:16

757:12 787:16,21

legwork 616:10

length 641:16

lengthy 732:9

Leslie 543:17

681:19 682:15,20

683:4,11,14

685:14 686:5

letter 542:13

544:19 587:5

658:4,17 669:21

740:9 782:18

783:7 792:8 799:4

letters 642:13

709:16 712:18

735:16

let's 553:5 568:20

609:9 624:11

636:16 637:4

674:1,4 700:20

731:13 732:21

735:7 754:16

799:9,19 802:16

802:18

level 667:8,18

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 86 of 104 PageID:

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Page 14

684:9 807:15,15

807:15,15 808:2

levels 667:15

676:15 677:14,21

811:9

LIEU 541:3

light 594:6 748:14

755:20

Likewise 572:1

limited 713:15

line 568:21 580:8

598:11 616:15

619:18 621:5

631:19 635:21

637:4 651:15

717:7 764:21

lines 691:7

link 702:9

list 580:9 628:3

725:18 798:17

listed 789:19 800:8

800:9

listing 632:15

litigated 585:9

litigation 589:8,12

590:19 707:4

708:13 709:17

712:6 720:11

725:2 726:3

768:10

little 557:20 564:22

630:9 672:16

696:16 759:1,2

765:16

lived 682:15,21

LLC 539:6 541:2,3

LLP 539:18 540:19

lo 775:7

located 606:11

642:9,9 703:18

706:9 725:1

779:17 790:6

804:13

location 590:10,16

595:11 705:18

731:2 742:13

743:17 759:20

769:8 773:7

775:15

log 723:10,10,12

783:8 785:22

789:19,20 790:2

Lomas 543:10

544:4 624:16

625:6,6,12 626:8

631:22 632:14

673:15 674:9

675:6,9,11,21

679:4 680:15

681:22 691:4

692:13

long 620:7 645:2

676:5 804:9,16

longer 581:21

670:21 805:19

look 552:22 553:6

557:17 560:7

564:9 578:12

579:20 584:16

586:22 589:6,7

590:2 598:2 611:1

611:12 612:9

615:17 617:6,10

621:4 622:9,10

637:13 640:7

644:13 645:11

650:13 651:14

652:8,15,20

658:16 664:17

665:12 679:11

682:1,5 691:3

696:12,19 703:8

711:4,4,6 723:13

724:5 727:17

729:14 732:21

745:7 758:12

765:22 766:11

785:1 787:15

790:12 794:7

800:21 802:6

803:21 805:3,6

810:8

looked 548:15

549:15 589:8

597:3 602:21,22

603:7 610:19

612:5,17 613:11

613:12,13 614:7,8

637:18 655:18

700:12 702:8

726:2,8 727:7

742:22 746:5

770:15 773:9

790:13 816:4

looking 563:20

582:9 586:14

602:16 603:4

607:9,11,13 611:1

612:2,10 631:9

645:17 650:19,21

697:6 701:22

702:17 714:12

729:15,20 760:3

785:2 800:4,10

802:16,19 804:8

805:9 813:10

814:18

looks 574:1 637:15

loop 788:22

looseleaf 618:12

624:20

lose 597:1 786:8

loss 741:13 760:6

775:20

lost 596:17 735:5

767:19 780:10,13

786:6,12

lot 549:15 550:8

553:7 558:12

559:8,21 571:18

572:2 590:18

597:2 639:14

650:14,16 679:12

694:2 702:7,11

703:11 731:12

739:8 797:13

799:20 800:16

815:4

lots 641:13

lunch 557:18 652:8

660:21 690:20,21

691:14

lunchtime 660:17

679:12

M

M 539:3 542:4

543:1 544:1 668:6

668:6

MA 666:1

Magna 545:13,15

magnesite 602:16

MAGNESIUM

539:7

mailed 625:8

main 633:13

655:12 677:6

678:18 684:22

689:19 808:17

809:15 813:9,18

813:22

making 638:9

815:17

man 774:13,15

manageable 649:12

651:5

manual 712:2

manufacture

609:12

Manufacturing

537:9

map 635:12 647:7

Maple 539:4

mapped 806:4

mapping 806:14

maps 632:7 633:4

805:18 806:8,13

March 560:17

620:11 621:1,6

622:5 624:16

628:2 631:21

632:6 649:2,10

664:18 716:17

717:4 765:7

787:20 791:18

818:20

Marchetti 607:8

mark 552:17 553:6

553:11 554:11,13

554:15,19 587:2

636:3 671:17

672:7,13 673:17

681:12,14 686:18

723:16 727:18

774:21 776:12

782:15

marked 554:4,8

555:8 587:9

624:22 628:12

632:16 671:7,9,11

671:13 673:11

674:11,17 681:20

687:2 692:15,20

693:4 717:20

728:1 755:13,15

764:22 765:18

766:5,13,16 767:2

767:4 777:1,4

782:20 789:1

792:3

marking 671:17

672:9

markings 671:19

marks 637:9

Martin 723:22

739:10 741:16

758:21 759:6,22

760:7,14 761:5,11

761:14 762:19

763:21 764:9

766:14 767:6,12

768:9,16 769:9,19

770:2,10,18 771:3

771:14 772:6,12

772:19 773:9,18

774:4 775:6,8,12

775:14,22 776:5,8

776:9,11 778:19

784:15

material 578:20

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 87 of 104 PageID:

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Page 15

588:11,15 641:15

672:20,21 697:13

697:14 731:8

732:7 734:20

735:12 743:21

765:11 766:19,19

772:2

materials 649:16

650:19 735:9,22

761:3,15 762:4

765:21 766:2

777:16 786:1,6

math 698:16

matter 545:4

693:17 694:1

matters 562:10

MC 801:1

McClellan 540:10

McCrone 543:7

665:18,18,22

666:1,3,5 669:11

669:15,16 670:1,1

670:2 673:10

680:12

MCDEVITT 540:9

MCELROY

540:19

MCGIVNEY

540:14

mean 548:14 583:9

585:3 594:11

595:21 596:1

609:16,22 613:13

614:5 655:20

656:20 659:9

661:17 671:11

677:19 700:10,13

711:17 723:5

757:11 777:17

779:20 790:3

803:2 812:7

means 577:10,13

648:16,18 684:14

698:22 749:9

meant 648:17

681:1 711:17

782:14 812:16

meeting 561:8

647:22

memento 677:12

memo 560:17 622:5

624:16 625:5,16

626:14 628:18

632:6,7,14 633:3

633:12,21 634:4

634:12 644:19

649:2 664:18

695:9 702:1,16

716:17 717:4,14

787:21 791:19

memoranda 599:7

599:9,10 628:2

memorandum

620:10,13 621:5

621:11 628:11

631:20 632:8

665:1,3

memorized 651:15

memorizing 650:15

memory 730:14

733:16 736:14

763:14

mention 725:7,9

796:1

mentioned 551:20

558:7 559:2,18

562:9 568:1,10

570:11 573:8,22

590:18 597:2

629:17 680:22

696:3,6 700:16

726:6 734:4 739:7

746:10,11 752:8

760:19 761:21

769:14 780:8

818:6

Merchantville

540:11

met 547:19 752:22

methodologies

566:18

methods 547:22

Michael 539:4

660:3 661:12

Mickey 673:22

Micky 543:15,17

543:21 672:20

674:16 675:13

679:20 681:9,18

682:14 683:8,14

685:13,17,19

686:13 687:1,8

688:8,9 689:9

micrographs 645:3

647:15,18 780:15

804:9,10,15,17

microprobe 734:11

microscope 603:4

651:9

microscopic 569:6

569:16 572:22

653:7

microscopist

569:15

microscopy 695:18

697:1 701:2

Microtrace 665:19

672:10

Middlesex 537:2

545:6

MID-L-5384-11

537:3

MID-L-5384-11AS

545:7

milligram 697:7,10

697:21 698:11

699:5,15,17 700:6

milligrams 798:21

mind 583:14

654:10 790:18

mine 543:5,11,20

580:16,17 581:8

581:12 592:16

593:9,10 594:2,14

595:16,22 596:4,8

596:13,19 597:5

597:20 601:4,18

604:2,11,18 605:5

605:14,15,16

606:12,20 607:18

607:19 608:3,9

609:15,18 610:4

610:15 611:9

613:8,8 614:1,6,7

616:10 617:3

619:3,7 623:6

627:18 628:20

635:14 636:18

641:5 646:8,18,20

647:9 649:9 653:4

655:3,13 659:16

664:9 665:8 666:5

666:6,12,20 667:8

667:15 668:8,10

673:8,16 674:10

676:11,13 677:13

678:21 679:6

682:22 684:7,9,22

685:2 686:17,22

688:17,20 689:3,6

689:12 690:1

693:10 695:21

703:14 704:4

726:12,13 727:11

730:12 733:13

736:6,16 748:5

750:19 794:6

797:1,18 799:11

800:1,7 802:13,15

802:20 803:4,7,16

803:22 805:10,16

805:20,21 806:8

806:13,20,20

807:5,9,21,22

808:2,4,8,11

809:2,5,19 810:2

813:17 814:12,19

814:20 815:9

816:6,14

mined 633:14

808:17 816:10

mineral 570:2

602:14 612:10

653:5

mineralogic 569:6

616:15 653:3

mineralogical

569:9

mineralogist

569:18

mineralogy 613:12

614:8 621:12

minerals 541:2

569:10 602:17,21

603:7,10 612:16

612:18 636:2

637:8 653:8

Mining 537:8

Minnesota 537:8

minute 758:12

minutes 566:9

663:17 728:22

731:7 747:2 772:1

788:12

misinterpreted

791:13

misnumbered

564:21

missing 564:8

565:1,5 567:21

575:21 576:3

578:5 579:6 583:3

641:18 693:11

795:4

misspoke 792:20

misspoken 677:20

misstates 559:17

576:1 577:2,19

583:22 584:6,12

589:15 661:15

680:20 693:21

694:8 708:17

733:19 741:10

750:10 751:4

758:3 760:9,16,16

770:13 772:22

773:20 779:12

808:13,20 811:6

813:1

mistake 564:20

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 88 of 104 PageID:

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Page 16

mistaken 694:16

moment 581:15

608:18

months 601:7

Moore 540:18

541:9 545:13

MORAN 539:18

morning 546:3

588:11 693:8

717:21 806:10

morphology 603:1

603:3

Morristown 540:5

540:20

motions 714:22

Mountain 556:11

557:16

move 643:18

767:20

moving 691:1

705:7 754:8

mow 801:15

Mt 540:20

multiple 644:1

664:21 792:22

816:16

multi-page 637:5

MULVANEY

540:19

N

N 539:1 540:1

541:1 542:1,1

name 561:4 636:3

683:9,11,16 684:1

725:7,9,14,19

761:9,11,22

named 761:5

nationals 618:5

nature 601:20

necessarily 761:10

necessary 662:10

723:7

need 729:12 748:19

748:21 749:12

754:10

needed 699:21

723:6 772:2

neither 818:9

NEMOURS 540:2

never 550:19 570:1

570:20 573:19

574:2,9 577:6

597:1 600:7

601:17 663:5

712:22 713:3

745:22 748:14

751:2 769:18

773:9 802:4

new 537:1 539:19

540:20 545:5

641:11,13 642:16

643:9,16 728:15

728:15 731:8

736:9 747:6

749:17,21

Newger 569:15

571:13,19 790:6

Newger's 790:7

NEWMAN 540:4

NIOSH 605:4

606:3,10

NJ 539:5,15,19

540:5,11,15 541:4

Northwest 545:11

Nos 673:6 674:7,13

Notary 538:9 818:1

818:17

notations 638:10

note 553:21 751:19

notebook 556:20

557:6,13,14,14

638:10 640:2,3,8

640:12,18,18

641:2,6 643:19

644:5,6 670:20

718:16 736:3,4,22

738:10 790:7

notebooks 557:15

718:21 719:15

720:20 737:19

noted 545:16

632:19 819:7

notes 636:1 637:6

638:7 723:20

731:2 736:10

741:13 742:13

748:4,10 750:8

751:12 759:20

767:12 769:8

773:7 775:16

776:2 778:17

notice 538:8 568:17

585:13,22 586:11

586:19 587:13

588:15 589:15,16

590:3 594:8,21

595:7,19 596:21

614:19 615:6

631:7 633:9

634:18 635:7

639:6 642:12,15

648:14 652:3

657:6 667:21

698:13,19 699:8

699:19 700:8

708:17 710:17

712:21 714:10,16

715:4 723:19

727:13 730:18

731:9 738:14

741:10 760:9,16

760:18 768:12

770:22 771:9,16

771:18 772:8,22

773:1 779:12

783:22 784:12,19

785:6,18 786:4

813:20 814:8,14

814:22

noticed 691:11

noting 729:3

number 542:6

543:3 544:3 545:3

545:6 553:8 563:4

565:19 587:21

588:3 590:6

592:14 657:17

671:21,22 672:3,9

672:14 673:1

674:2 675:4

682:11 687:5

695:16 697:20

756:20 778:17

779:2 790:5

numbers 579:13,14

784:2,4 795:12

800:8 802:3 811:8

812:11 814:6

numerous 792:10

N.W 538:4

O

O 542:1

oath 641:7

object 712:13

objection 546:22

547:9,17 548:12

548:21 549:8,13

550:5,22 551:13

556:1 558:5,21

559:16 560:3,13

560:19 561:11,19

562:5,15 563:11

563:15 564:6,17

565:7,13 566:16

567:17,22 568:8

568:15 570:6,16

571:8,16 572:13

573:5,13,20

574:12 575:2,6,15

575:22 576:10

577:1,11,18 578:7

578:17 580:18

581:2,15,17 582:7

582:18 583:7,21

584:5,12 585:12

585:21 586:10,18

589:14 594:4,7,20

595:18 596:20

597:14,22 600:2

600:12,20 602:2

604:5,20 605:18

605:22 606:14

607:21 608:11,14

610:6 611:10,13

614:3,18 615:5

616:3 617:5 619:4

619:12 622:7,17

622:21 623:9

624:2,8 625:20

626:4,10,16

627:11 628:7

629:4,13 630:1,13

630:20 631:6,14

633:7,15 634:17

635:6 636:12,20

638:15,22 639:5

639:19 640:5,9,19

641:8 643:22

644:10 645:9,20

646:10,22 647:16

648:13 650:6

651:10 652:2

653:13 654:3,11

654:19 655:6

656:5,17 657:4

658:2,11,14 659:4

659:12 660:1,7

661:14,22,22

662:19 663:7

666:8 667:3,10,20

668:15 669:1,5,17

670:8,15 671:1

680:5,19 683:10

683:17,20 684:15

685:3,7,21 686:7

687:9,21 688:12

689:7,16 690:2,8

693:14,20 694:7

696:1 697:8 698:7

698:12 699:7,18

700:7 701:6,9

703:4,20 704:6,19

706:4,13 707:1,6

707:13 708:8,16

709:3,10,19 711:1

711:14 712:7,20

713:9,17 714:1,9

714:15 715:3,13

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 89 of 104 PageID:

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Page 17

716:18 717:15

718:12 719:3,18

720:3,21 721:12

721:21 722:8,15

722:22 724:13

725:4 726:15,21

727:9,12 730:17

731:22 732:13,16

732:18 733:18

734:22 736:17

737:12,20 738:2

738:13 739:2,13

740:2,14,18 741:9

742:6,18 743:6,6

743:13,22 744:14

746:3,19,22

747:21 748:7,16

750:9 751:3,13

752:2,14 753:6,16

753:21 754:5

755:7 756:17

757:9 758:2,16

759:7,12 760:2,8

760:15 761:7,17

762:7 763:15

764:1,11,14

767:14 768:4,11

768:18 769:11

770:12,21 771:8

771:15 772:7,13

772:21 773:10,19

779:11,18 780:5

780:16 781:6,12

782:3 783:21

784:11,18 785:5

785:17 786:3,16

787:5,13 788:1

789:6 790:8

796:13 797:5,12

797:20 798:9

799:1,13 800:2

801:22 802:9,21

803:12 804:3,11

804:22 805:12,22

806:22 807:17

808:12,19 809:10

810:3,11,20 811:5

811:13,22 812:5

812:13,22 813:11

813:19 814:7,13

814:21 815:11

816:15

objections 576:16

590:1 596:10

626:22 627:5

634:1,7 635:16

639:12 647:10

655:14,19 662:7

698:18 738:18

744:7 752:7,21

769:3,20 770:4

781:18 786:9

788:8 798:14

806:11 807:10

808:5 809:16

810:3

obligation 561:16

obligations 546:20

547:6

observations 569:9

obtained 543:10,16

543:21 606:7

673:15 674:9

675:6,8,11,12

676:7 679:20

681:10,18 682:15

682:16,16,18,19

682:22 686:13,22

687:15 688:5

690:14 701:19

706:8

obtaining 689:15

obviously 720:6

731:17 751:5

occurred 601:6

OCR'd 707:12,15

office 724:11,19,22

officer 818:2

Oh 572:5 623:16,18

757:15

okay 551:5 552:6

553:2,5,17 556:5

556:8,21 557:7

558:1 563:9,20

565:16,18 566:13

567:6,10 578:4

579:5,9 583:13

590:22 592:20

593:17,22 596:15

597:9 598:16

599:19 601:14

604:1,15 609:10

611:5 614:13

615:10 616:21

617:9 623:21

624:15,22 626:7

627:16 628:10

629:11 630:18

632:4 633:3 634:4

636:10,16 637:4

637:12 638:13

643:18 644:13

647:20 648:10,21

655:1 657:10,14

657:21 660:16

663:10 664:14

665:6,20 666:2,15

666:19 671:5

673:13,17 675:19

676:5,13,16 677:2

678:2 680:1,12,15

682:11 684:21

686:11,18 687:19

688:4 690:13,19

694:15 696:22

697:5,15,20

700:20 716:9

717:19 718:20

719:12 721:17

723:15 725:21

729:16 730:1,4

731:13 732:21

734:1,15 747:15

756:4 758:14

761:13 762:16

763:20 764:8

765:16 766:10

775:20 777:11,15

782:8,15 787:2

791:16 794:1,7

795:14 799:19

801:5 802:17

805:10 808:10

old 548:2 666:22

781:21

omitted 623:17

once 646:3 740:20

ones 548:15 552:1

578:10 611:17

652:6,9 680:21

681:5 748:10

753:10 781:21

one-of-a-kind

613:7,20

one-page 624:15

ONGO 539:18

opening 802:3

operated 592:17

operation 602:5

628:21

opinion 562:14

opportunity 621:18

637:16 724:5

opposed 601:10

optional 728:10

order 544:10

546:14,18 547:3,6

547:8,15,16

561:17 605:13

619:11 649:19

653:2 663:10

693:1 705:17

708:15 711:13

737:2 742:4,4,16

743:10 748:15

751:21 756:1

757:16,17,21

759:19 760:21

769:6

ordered 742:12

774:15 778:2

orders 552:11

ore 602:7 609:15

610:15 611:8

627:3 632:20

633:13 646:8

655:12 666:20

677:3,6 678:18

684:22,22 689:20

695:21 703:3,14

719:1 720:17

726:12 733:9

750:19 799:11

808:17 809:15

813:9,18,22

Organist 653:6

organization

601:19

origin 676:18

original 556:8

557:15 578:12

582:16 590:3,11

590:17 672:4

705:18 716:16

717:3,13

originally 556:11

639:22 665:22

724:8

originated 611:8

615:3 658:5

728:14

Oulton 558:13

559:9,21 561:10

562:10,20 563:2

Oulton's 557:21

558:1,9,17 561:4

outcome 818:14

outcroppings 685:1

outlined 547:3

outside 685:1

726:13,20 728:16

803:15

overbroad 720:4

720:22 721:13

owned 592:16

610:3

O'TOOLE 541:3

P

P 539:1,1 540:1,1

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 90 of 104 PageID:

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Page 18

541:1,1

package 672:1

packet 554:12

packets 553:19

Paduamo 783:9

page 542:2,6 543:3

544:3 555:2 556:2

556:5,19 557:5,13

557:14,14 564:8,9

564:10,21 565:1,1

565:16 566:7,14

567:4,6,11,16

568:7,20,21

570:10,15 573:19

579:13,14 580:4,5

580:6 584:19

591:6 593:19

598:11,14 612:1

612:15 614:14

615:19 617:10

619:17 621:4

622:16 624:12

627:17,20 628:1

631:19 637:4,15

648:5 652:11

653:1 665:6

696:14 700:20

726:7,8 730:4

732:21 734:1,15

735:7 745:10

756:4,20 762:14

764:19 765:7

766:22 783:12

785:3 795:22

805:10 807:3

pages 555:21

564:15 565:5

567:13 568:10

578:5,9 579:1,6

579:18 583:3

614:20 632:6

638:4 642:4 819:3

pair 543:4 665:17

673:7

Palenik 636:4

paper 553:14 559:5

559:6 636:1 637:6

637:7

papers 715:1

paper-clipped

555:4

Paragraph 756:7

pardon 607:12

Park 540:15 541:4

Parkway 540:5

part 557:2 575:16

598:19 601:8

623:10,15 626:2

627:3 638:18

658:3 661:5

662:12 665:22

666:19 672:6

677:2,13 678:16

678:21 679:20

684:7,11 685:16

689:22 694:9

710:21 725:20

746:5 777:16

809:5

participated 763:8

particle 570:2

particular 630:11

704:15

particulate 611:2

particulates 816:6

parties 756:13

818:10,13

parts 625:22 655:3

736:9 810:2

Paterson 539:19

people 547:21

549:5 550:21

577:21,22 582:14

609:18 614:10

620:12 660:10

perceiving 612:13

percentage 631:3

809:22 813:8,17

perception 582:22

performed 606:3

748:5

period 616:7

619:22 620:1,7

periods 600:16

permanently

787:22

persist 774:5 775:2

person 547:2

682:21

personal 758:6

personally 602:4

689:10 740:10

744:3

person's 683:22

perspective 577:17

586:3 661:16

698:22 812:6

pertain 816:13

perusing 622:11

Peter 539:8 616:9

620:11 622:15

625:6 628:11,18

637:20 638:4

Peter's 621:18

peter.farrell@ki...

539:10

phone 595:6 763:6

817:4,8

phoned 649:22

photographic

569:8 571:3,7

572:1,5,7,10

734:10

photographs

723:20 741:14

742:14 747:16

748:1 750:7 753:4

753:9 759:21

769:9 773:8

775:16 776:3

778:18 780:2,14

photomicrographs

718:10,15 737:19

738:11 746:14

810:7,10,14

physical 542:7,11

551:7,8 554:2

555:6,15,19

717:19

physically 728:19

PICINI 539:14

pick 660:18 663:12

picked 625:8 626:8

727:2

pieces 815:2

place 598:18 620:2

691:19 751:21

places 692:1 700:18

Placitella 539:3,3

542:3 544:21

545:12 546:2,13

547:4,13 548:7,16

549:3,9,17 550:10

551:4,15 552:5,16

552:17,22 553:5

553:11,17 554:10

554:15,19,22

555:9 556:4

558:16 559:11

560:1,9,15 561:15

562:2,13,18

563:12,19 564:12

565:4,11,15

566:19 567:19

568:5,12,19

570:12 571:1,11

572:4,17 573:10

573:17 574:7,16

575:3,10,19 576:6

576:14,18 577:8

577:15 578:3,13

578:22 579:5,9,12

579:17,21 580:1,3

580:6,7,21 581:5

582:1,12 583:2,12

584:1,9,18 585:16

586:6,13 587:2,11

587:15,18,22

588:2,4,8,13,16

588:20 589:2,3,17

589:20 590:4

591:12,16,19,21

592:4 593:3,18

594:5,16 595:3,8

595:10,12,14

596:3,6,14 597:8

597:17 598:4

600:9,17,21 602:3

604:9 605:11,20

606:8,21 608:5,12

608:16,22 609:8

610:7 611:11,19

614:12 615:1,9

617:8,12,16,22

619:9,16 622:13

623:5,13 624:4,10

626:1,6,13,19

627:2,8,13 628:9

629:7,10,20 630:6

630:17 631:2,11

631:17 633:11,20

634:3,11,22

635:11,20 636:15

637:3 638:19

639:2,8,16 640:1

640:6,15 641:3,12

641:13,17 642:19

642:21 643:5,11

643:14,17 644:2

644:12,17,18

645:16 646:1,16

647:5,13,19

648:20 650:8

651:16 652:7,14

652:19,22 653:19

654:7,15,22

655:10,16 656:1

656:13,21 657:9

658:7,12,19 659:8

659:19 660:5,12

660:22 661:5,9,18

662:4,14,22 663:9

663:20 664:5

665:5 666:13,18

667:7,13 668:3,18

669:2,8 670:4,12

670:19 671:4,15

671:20 672:2,7,12

672:16,22 673:3

673:12,17 674:1,4

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 91 of 104 PageID:

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Page 19

674:18 675:2

678:1,2,3,10,15

679:8,11,13 680:7

681:2,21 682:1,4

682:8,10 683:13

683:18 684:2,20

685:5,9 686:3,10

686:18 687:4,12

688:1,15 689:13

689:18 690:5,12

690:19 691:2,8,12

691:19 692:4

693:5,15 694:5,10

694:21 695:5,6

696:11 697:9

698:8,15 699:1,9

700:1,4,19 701:7

701:12,14 703:9

704:1,16 705:2,6

705:12,14 706:11

706:18 707:3,10

707:16 708:12,20

709:6,14 710:1,7

710:9 711:5,22

712:10,15,16

713:4,14,20 714:4

714:13,21 715:8

715:17,22 716:4,9

716:13,22 717:11

717:18 718:19

719:11,22 720:9

721:9,16 722:2,12

722:19 723:4,18

724:17 725:12

726:17 727:5,10

727:18 728:2,6,7

728:12 729:6,16

729:17 730:19,21

731:4,5,11,16,18

732:10,20 733:22

735:6 737:4,17,22

738:8,16,21 739:9

739:15,19 740:5

740:15 741:1,3,11

742:11 743:2,9,19

744:4,11,20 746:6

746:7,20 747:7

748:3,11,20 749:2

749:16,19,22

750:4,5,15 751:10

751:17 752:4,11

752:18 753:2,11

753:19 754:2,9,10

754:14,22 755:2

755:14,18,19,21

756:19 757:14

758:11,20 759:10

759:17 760:5,12

760:22 761:12

762:2,12 763:19

764:7,12,18

767:21 768:8,14

769:1,5,17,22

770:8,17 771:2,11

771:19,20 772:4

772:10,17 773:5

773:16 774:2,8,11

774:15,19 775:4,9

775:15,19 776:2

776:12,15 777:3,7

777:8 778:7,13,15

778:16 779:15,22

780:12,22 781:9

781:15 782:1,7,15

782:20 783:1,5,6

784:1,13,22 785:8

785:20 786:7,13

786:19 787:8,18

788:5,11,20

789:10,16,22

790:11,14,17

791:1,14,16,20

792:12,17 793:2,4

793:9,10,14

794:11,12,15,21

795:2,6,14,19

796:3,17 797:9,15

798:2,11,19 799:5

799:8,18 800:13

801:7,9,16,18

802:1,14 803:5,18

804:7,14 805:8,17

806:5,16,18 807:7

807:13 808:1,15

809:3,13,21 810:6

810:17 811:2,10

812:1,9,18 813:7

813:15 814:3,10

814:17 815:6,14

815:15,19,21

816:1,11,19,21

817:3,7

plaintiff 537:6

539:2 586:8

725:21

plaintiffs 642:14

plaintiff's 554:1,5

555:5 587:4

594:18 637:17

673:6 674:7,13

681:17 686:20

692:12,16,21

712:18 732:6,13

757:7,18 758:15

765:1 776:17

777:5 782:17

plant 601:18 625:6

plates 734:10

please 545:17 580:4

581:16 622:18

644:3 648:6 653:1

671:6 672:17

681:12,15 686:19

692:9 710:8 741:2

750:16 756:5

764:19 771:21

774:21 776:13

782:16 783:12

794:8 801:9,16,17

803:9

plenty 692:1

plus 767:12

point 570:10

574:21 642:11

724:9 736:21

745:8 749:9

773:12 790:19,21

793:22 797:8

798:18 799:17

807:22

pointed 664:7

695:2 797:17

policies 786:21

policy 787:3

popped 739:11

PORZIO 540:4

positive 810:1

813:9,18

possession 558:3

559:13 706:16

736:15 738:10

741:8 767:3 772:5

794:20

possible 586:4

667:19 814:19

potential 605:2

761:22

potentially 623:17

pounds 728:13

powder 543:13

674:14 675:12,13

675:15,17 679:19

681:1

precisely 730:6

precluded 634:13

precursor 635:5

preliminary 599:4

Prentiss 733:15

735:9 737:7,10

765:13

preparation 547:14

568:14 569:8

578:9,20 589:9

597:3 653:6 746:1

746:5 752:9

777:14 793:19

preparations 638:9

preparatory 638:9

prepare 547:7

590:20 615:15

646:4 650:14

699:12 734:17

748:15,21 759:15

760:21 767:11

prepared 547:11

561:21 589:11

598:21 625:12,15

635:8 642:3

646:14 656:9

699:11 723:3

730:7 741:12

742:12,17 746:21

769:7 773:6,14

774:16 778:12

779:7,9,14

preparing 546:20

562:17 575:13

582:10 604:3

703:7 745:6

752:19 772:11

preselected 632:16

presence 586:5

605:2,6 606:4

present 541:9

569:10 648:8,12

648:17 707:5

presented 606:18

767:5

presumably 633:4

713:5 715:1

presume 652:5

744:18

presupposes 795:3

pretend 795:16,17

795:18

pretty 591:13

613:13 638:6

732:9 807:6

previously 558:8

560:6

printouts 718:10

723:21 734:11

776:3 778:18

prior 547:20 585:8

628:4

priority 649:20

653:2,17

privilege 723:9,10

723:12 783:8

785:22 789:20

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 92 of 104 PageID:

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Page 20

790:2

privileged 717:7

721:3 722:1

785:10 789:8,11

789:17

probably 551:2

566:1 571:22

572:2,8 584:15

599:6 600:7 601:6

723:16 729:10

731:11

probing 700:1

problem 583:1

600:18 611:4

672:9 691:12

741:20 778:6

proceed 643:7

proceeding 815:18

proceedings 757:1

process 793:20

processed 609:20

649:11,13 651:4

666:7

processing 602:5

produce 619:10

622:5 629:17

690:1 705:16

774:16 777:15,18

777:19 779:1,6

produced 548:10

549:21 550:3

561:7 578:14

579:11,21 592:15

597:13,15 605:1,7

605:9 606:7 608:3

617:1 623:1 630:5

651:21 652:5

653:11,15 656:11

678:22 700:17

701:8,19 704:12

721:7 724:4,8,9

724:19 725:1

726:2 770:19

771:4 772:12,15

772:18 773:3,4,17

773:22 774:5,14

775:6,8,10 778:1

778:6,14 779:5

785:11 792:17

813:5

producing 655:1

product 605:16

608:10 609:12

610:5,10 611:2

614:1 633:14

678:22 784:9,16

808:17

production 579:21

581:11,21 623:7

633:14 646:8,19

666:7,11,12

695:17 696:13,17

696:22 698:6

702:17 779:5

796:9 798:22

products 605:2

816:5

Professional 538:9

profitably 566:2

program 615:20

616:2

Project 666:1

proof 657:21 659:1

659:3,5,11 661:11

661:17 662:17

properly 621:11

propounded 819:6

prove 586:9 659:9

659:17

proven 596:18

provide 766:1,19

provided 550:21

579:2,3 604:16

675:21 696:7

746:2 766:20

767:13 770:9,11

provides 623:3

794:4 796:20

providing 549:10

690:15 696:9

765:21

Public 538:10

818:1,17

publications

735:18

published 605:5

606:3 719:6,9,9

pull 660:6 775:7

pulled 624:5

659:16,20 660:10

662:11

pulverized 649:11

651:4

pulverizing 651:7

793:20

pure 632:19

purifies 632:19

purportedly 686:17

purpose 615:2

purposes 566:2,3

566:22 602:6

pursuant 538:8

547:7 605:13

716:17 717:4,14

746:9 751:20

755:5 757:16

759:18 769:6

put 557:3 559:4

563:17,20 581:12

590:8 643:6

646:13 647:4

654:16 658:6

672:16 705:17

710:11 715:20

731:7 785:22

794:1

P-R-O-C-E-E-D-...

545:1

P-12 723:19 741:1

P-13 546:9,14

710:7,10

P-15 571:21 572:3

572:6 624:22

644:14 648:1

664:7 703:19

704:3 718:21

719:14 720:19

723:11 793:7

P-16 628:12,14

632:8,11

P-17 552:13 553:4

554:11 555:3

P-19 609:6 792:3,7

P-25 744:21

P-32 555:15,22

556:19 557:5

718:3 720:19

P-33 555:17 556:22

P-34 555:19 557:8

P-38 682:12

P-5 555:22 556:6

642:3,4

P-50 624:1 664:11

664:12,14,15,17

P.C 539:14 540:4

540:14

p.m 664:1,4 692:6

692:10 754:18,21

755:1 788:16,19

817:13,16

P.O 539:19

Q

qualitative 649:14

701:1 802:5 811:7

quantification

801:20

quantitation

811:19

quantitative 802:5

811:11,15 812:16

quantitatively

812:17

question 547:5

559:12 562:8

565:22 570:21

584:8 588:17,21

589:18 591:4

601:1,5 602:10,20

603:6,6,11,17

609:17 612:14,16

613:21 616:6

618:16 620:16

621:16 638:7

642:5,20 643:4,9

643:14 652:18

654:10 656:20

657:12 661:4,8,8

666:10 695:4

700:11 703:11

708:19 711:7,10

716:5,21 719:13

729:13 734:6

747:8 749:6,13,18

749:21 750:2

763:10 771:21

794:22 798:3

803:9 807:8

questioner 632:5

questioning 615:16

questions 547:11

557:19 575:12

588:5 595:2,13

599:5 624:6

634:13 642:11,22

643:6,12 651:19

661:4 680:1

685:17 691:5

699:20 705:13

706:1,19 715:15

723:8 749:9

762:17 771:17

774:2,6,12 775:1

788:13,21 790:15

790:18,18,21

791:2,4,6,20

792:13,22 793:5

793:11,13 794:13

794:16 795:3

799:20 801:14

815:13 816:22

817:4,8,9,11

819:5

quick 691:20

quickly 622:9,10

quite 616:10 807:5

R

R 539:1,18 540:1

541:1 542:4 543:1

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 93 of 104 PageID:

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Page 21

544:1

raise 654:9 677:22

ran 569:3 726:18

random 607:14

ranges 811:21

812:8

RASNEK 540:19

raw 618:19 619:1

814:6

Ray 541:9 545:13

reached 591:6

593:6 656:3

read 566:10,13

568:2 575:11

589:10,20,21

591:11,15 592:11

593:12,17 597:11

603:21 610:17,22

613:6 614:20

622:18,19 649:17

650:10 671:13

672:5 677:7 679:7

691:4 702:20

703:7 710:13

724:20 727:14

732:19 733:21

742:8,21 750:11

750:12 752:9

757:12 760:4,11

760:20 767:16

769:15 778:10

779:4 781:3

791:13 808:21

819:3

reading 547:20

566:12 574:1

582:10 593:16

621:16 650:12

735:3 741:21

750:12 751:6

757:19 758:8

763:17 794:10

795:21 810:9

readings 812:2

reads 711:9

ready 624:13,14

749:3

real 622:9,10

reality 774:7

really 559:3 594:22

600:18 635:8

648:18 699:11

736:3 790:1 795:1

815:13

REALTY 539:7

reason 564:19

703:10 788:6,9

reasonable 697:15

reasons 666:14

699:21

recall 551:12

557:21 597:18,20

599:15,20,21

600:5 614:21

615:13,17 616:21

617:4,7 624:3,7

693:8,12,16,19

725:21 726:1,11

727:6 735:21

755:6 761:13

762:21 763:6,9,20

764:3,4,8,17

766:18 767:17

769:4 786:22

787:19 790:10

803:7 806:9,12

receipt 649:22

received 556:9

628:12 649:10

670:1 702:11

704:12 815:3

receiving 621:8

Recess 617:19

664:2 692:8

754:19 788:17

recipient 558:13,14

recognize 625:3

637:14 638:3

recollection 621:7

621:22 765:20

767:10

recommendations

621:19 622:15

record 545:3,17

553:13 555:1,14

576:1 577:2,19

583:22 584:6,13

589:21 617:18,21

618:18 622:19

654:17 664:1,4

672:5 680:20

692:3,7,11 705:6

729:7 735:17

754:18,21,22

770:13 773:20

788:16,19 790:22

791:11,22 792:20

793:1 796:19

806:16 808:13,20

813:1 817:15

818:8

records 655:2,11

655:17 656:2

recovered 556:10

606:6

Red 539:5

redoing 642:10

reference 560:4,5

797:4,7

referenced 606:13

632:7 643:20

644:6 646:18

681:22 786:2

referred 622:16

694:11,22 779:17

780:3 793:15

794:2

referring 559:2

620:4,17,22

621:14,22 640:3

720:15 730:4

766:4

refers 646:7 781:1

781:10,16,20

refresh 730:14

733:16 736:14

763:14 767:10

regard 710:17

711:18

regarding 547:3,12

548:5 550:18

599:12 676:17

regards 548:1

Registered 538:9

regularly 614:10

REILLY 540:9

Reindel 542:15

584:20 587:7

relate 571:22 572:8

587:14 595:11

605:10 656:11

699:20 715:16,17

715:18,19 721:19

731:1 787:9

800:11 801:3

related 544:14

563:3 571:19

572:2 589:13

590:11,12 597:4

604:18 705:19,20

706:9 718:17

724:12 725:3

736:15 759:21

769:9 770:9 771:7

773:8,17 774:4

775:11 776:19

778:3 782:9,13

784:6 786:21

789:4 791:4 796:6

797:17 798:16,16

799:16,22 812:20

815:7 818:10

relates 595:7 718:3

relating 551:11,17

617:2 718:4 719:1

720:16 723:21

726:4 741:14

742:14 747:16

748:5 776:3

778:18 798:5

799:11

relative 818:11

relatively 601:8

relevant 790:3

rely 577:21 597:13

684:13,17 689:8

remarkable 597:6

remember 557:20

655:8 726:16,22

732:8 751:6 753:1

762:9,11 763:1,17

765:17 770:7

786:11 788:3

789:21 796:12,15

805:18 806:3,6

remembered 735:2

rendered 544:15

776:20 782:10

784:6

repeat 549:22

584:8 585:15

589:19 708:18

716:21 724:16

813:14

rephrase 720:14

report 557:2

569:21 575:21

577:10,14 599:11

600:1,5,8,11

603:13 611:22

612:21 629:12,21

646:7 648:10

657:8 694:12

701:20 732:9

733:3 737:3 738:5

742:2 763:21

764:4 767:11

776:9 778:14

779:10,17 781:1

782:8 783:20

784:14 785:2,3,10

785:16 786:2,8,14

789:1 812:17

reported 670:2

727:15 812:8

813:3

reportedly 543:19

686:21

reporter 538:9

545:14,17 553:10

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 94 of 104 PageID:

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Page 22

589:22 622:20

672:15 673:2

674:3 712:14

reporting 628:19

reports 592:14

700:17 701:18

702:10,12 704:13

723:20 741:7,14

742:14 759:21

769:8 773:7

775:16 776:3

778:18 816:13

represent 582:2

767:22

representation

583:11 594:17

representations

586:15 594:6,11

representative

546:17 583:5

722:5 777:19

represented 582:15

582:21

representing 547:2

reproduce 735:19

request 545:12

745:1,10 768:20

769:18 775:13

779:5

requested 601:11

625:7 719:16

764:5 777:16

research 568:22

787:22

respect 569:10

606:9 662:9 696:4

respond 547:15

561:17 589:10

728:13 774:11

responded 661:7

response 619:11

responses 745:2

746:17

rest 570:5,9 804:21

result 656:3

results 569:19

571:15 573:4

574:11,15 575:12

599:7,11 608:9

613:22 617:1,2

629:22 630:11

649:22 650:4

651:13,22 652:5

653:12 664:8

670:3 693:17

696:20 700:17

701:5,15,18,21

702:7,11 703:18

704:3,10,11 757:8

791:8,10 792:10

792:14,16,17

793:9,17,18,21

794:4,18 795:3,9

796:4,5,21 797:3

797:10,13,16,21

798:4,13,16,20

799:3,10,22 800:8

800:9 801:20

802:5 813:4,16

815:8

resurfaced 771:14

retention 786:21

787:3,10

retired 558:9

return 732:3,13

returned 757:2

returning 647:15

review 585:7

621:18 637:17

643:1 665:4

695:13 792:4

reviewed 594:12

597:9 723:9

729:19 745:8

769:14 813:4

reviewing 642:6

reviews 623:3

730:2

RFA 747:3,5 749:8

Rhode 761:4

right 562:14 564:4

574:11 576:8

590:5 591:17

594:19 601:5

632:13 638:14

640:18 651:20

654:2 661:10

665:14 670:10

672:22 674:1

676:21 677:9

682:9 694:12

695:12 696:12

698:1,3 701:12

702:15 705:11

710:4 712:1,4

714:8 720:13

721:15 736:21

739:11 757:19,22

760:7 761:16

786:8 800:19

801:11 810:9

812:21

RJ 657:18,22 658:4

659:6 660:4

679:17,21 680:2

680:10

Road 540:15 541:4

Robert 544:20

782:19

Robinson 538:9

545:15 818:2,16

rock 543:4,9,16,19

606:4,6 609:19

611:1 612:6

623:12 626:20

632:17,18 633:22

634:15 649:8

650:9,19,22 651:2

651:22 653:3

655:18,21 659:16

668:7,12,12 673:7

673:15 674:8,20

675:5,8,10 676:1

676:11 681:18

682:14,17,22

684:11 686:4,21

690:6 700:22

701:13 791:20

792:6,15 793:17

794:6 796:1 798:5

798:6 808:10

809:8 814:12,16

rocks 651:6

room 715:21

777:22

Roth 539:3 545:12

roughly 768:1

Route 539:15

row 795:13

RPR 818:2

Rudolph 734:16

rules 801:10

run 569:4 707:22

708:7 716:12

running 618:6

runs 734:11

S

S 539:1 540:1 541:1

542:1,4 543:1

544:1 632:21

635:1

sample 543:16,19

633:5 646:19

657:22 658:9,20

660:18 661:11,19

662:3,5,11,13,16

663:10,14 669:19

673:15 675:5,8,10

675:12,13,15,17

681:9,11,18

682:14,17,18,22

684:13,18 685:10

686:12,13,17,21

687:16,20 688:5

689:15 697:21

698:6 795:12

800:8,21

sampled 609:19

659:2

samples 543:4,9,13

548:3,4 569:17

580:9,16 581:11

581:12,13 588:7

605:10 606:5,6,19

607:10,19,20

608:2,9 609:11,14

610:10,11,14

611:2,2,3 612:6

616:11,16 623:7

623:11,12 625:7

626:8,9,21 627:4

630:18 631:4

632:15 633:13

634:14 639:18

641:22 642:1

645:18 646:8,9,17

646:20 647:8

649:8,9,13,22

650:4,9,19,20,22

651:2,22 653:3

655:13 657:11,13

658:5 663:18

664:6 665:17,21

666:5,6,16,21

668:5,6,8,19

669:9,15 670:5

671:6,7 672:5,19

672:19 673:7,14

673:15,21 674:8

674:15,20,21

675:21 676:1,6,11

676:18 677:10,11

679:14,15,16,19

679:19,21 680:2,3

680:8,10,12,15

681:4 686:11

690:17,22 695:3

695:17,21 696:5

696:14,17 697:1

700:22 701:13

702:9,18 705:9

720:7,11 723:20

726:13,19,19

727:1,7,11 730:12

732:14 733:9,12

733:17 734:16

737:19 738:10

739:22 740:13

741:7,14 742:10

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 95 of 104 PageID:

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Page 23

742:14 745:14,18

746:14 747:10,12

750:8,19 751:1,9

758:10 759:20

769:8 773:7

775:16 776:2

778:17 780:2,14

781:16 791:5,6,8

791:21 792:6,15

793:18 794:6

796:1,6,9 798:5,6

798:18,22 799:16

800:14 801:1,1

802:3,7,12,16,20

803:2,11,21 804:2

804:6 805:10,19

805:21 806:9,15

807:5 809:5 810:1

811:4 812:17

813:8,16 814:11

sampling 606:5

610:5,9

Sampson 537:4,5

545:4

San 736:7

sane 614:13

saw 577:5 725:13

745:4 761:19

777:11

saying 570:19

574:2 608:8,13

624:18 678:6

684:18 696:8

702:6,10 741:22

762:10 791:7

816:2,3

says 560:7 565:22

569:3 571:12

574:8 580:8

584:20 591:22

599:15 600:22

611:21 612:6,15

615:8 618:10

619:18,21 620:10

621:5 622:1

624:15 625:1,17

626:8 628:1 632:5

635:22 636:7

637:5,12,16

640:17 645:2,2

648:7,16 649:8

650:19 651:2

653:2,16 654:8

662:3 682:16

689:11 696:22

697:20 698:1

699:13 700:6,21

710:15,20 711:17

711:19 735:8,21

736:22 737:18

738:1,4 745:13,17

747:10,12,15,16

748:1,4,9 750:17

751:7,15,18

752:16 753:8

756:8,22 757:7,17

757:18,22 758:13

759:18 762:18

767:2 775:13

776:9 778:17

779:4,6 782:13

783:17 784:5

804:9,16

scanned 707:12,18

707:21

Schafer 557:10

schist 632:21

Schwarts 542:16

587:7

science 812:6

scientific 731:21

732:15 739:21

744:13

scientist 814:4

scope 585:13,22

586:11,19 588:15

589:15 594:8,21

595:19 596:21

614:9,19 615:6

631:7,15 633:8

634:18 635:7

639:6 642:12,15

647:11 648:14

652:3 657:5

667:21 687:22

690:3 698:13,19

699:8,19 700:8

708:9 709:11,20

712:21 714:10,16

715:4,14 727:13

730:18 731:9

736:19 738:14

739:3,17 740:19

757:10 758:3,17

759:8 760:17

764:15 767:15

768:5,12 770:5,22

771:9,16,18 772:8

772:22 783:22

784:12,19 785:6

785:18 786:4

813:20 814:8,14

814:22

screen 591:17

592:22

SCRIVO 541:3

sdenaro@mklaw...

540:16

seal 785:11

sealed 815:18

search 708:3 709:8

709:12,13,15

712:17 713:16,21

714:8,19 768:9,15

768:20 770:1

searched 563:1

710:22 713:1

searches 548:19

549:1 707:18,22

708:7 710:18

711:12,18 712:2,3

712:5 713:2,12

715:20 716:11

searching 547:22

715:7

second 578:14

587:16,19 591:5

598:8 649:19

696:14 712:13

795:13,22

seconds 595:13

section 653:5

sections 734:17

see 553:14 557:18

566:5,7,22 568:21

568:22 569:11

570:3 571:2,12,13

573:2 580:8,13,15

580:17 584:19

590:5,7,14,15

591:5,16 592:21

593:1,11,19

598:11 599:13,17

600:18 601:12,22

602:12 603:5,5,19

609:19 610:19

611:6 613:5,6

614:15,21 615:19

616:19 618:10,21

620:19,21 622:2,3

625:10 632:9

633:1 635:2,21

636:5 637:10

638:1,2,11 640:7

644:22 645:5

647:21 648:7,9,22

649:6 650:2,13

651:1,9,14 652:9

653:9 658:13,20

691:4 694:13,16

695:12,19 696:14

696:17,20 697:3

697:20 700:21

701:3 705:21

710:10 722:3,4,6

722:6,13 723:10

723:13 732:22

734:13,14,15,17

734:18 735:8

736:12,13 745:13

745:19 750:17

751:11,22 753:3

756:2,8,15,18

757:4,16 758:15

759:22 764:21

765:4,7,14 766:8

767:8 768:16

783:10,14,17,19

784:2,5,9 785:9

785:12 790:2

800:17 804:8,19

804:20

seeing 577:10 602:5

722:18 730:15

789:21

seen 560:5 592:9,11

592:12 599:7,9

600:4,8 607:1

613:22 614:10

633:18 654:9,13

656:2 686:9 705:9

716:11 723:12

725:15,16 726:9

728:3 730:9 761:9

761:11 765:8,10

777:9 779:13

selected 549:12

625:8 626:21

649:16

selecting 668:5

selection 548:9

549:4

sell 566:4

SEM 780:1 781:2

send 616:16

sending 669:19,22

726:19

sense 554:22

637:22

sent 560:18 569:17

659:6 660:3

661:12 666:4

679:17 696:5

700:22 733:14

734:16 764:10

765:12,13 787:20

796:2 813:2

sentences 583:4

September 607:7

644:19 792:8

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 96 of 104 PageID:

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795:10 799:4

series 599:12

618:16

serpentine 632:22

635:1,4,14 668:12

serve 585:5

services 544:14

545:14,15 776:19

782:9 784:6

set 547:18 593:7

636:1 642:4 671:6

673:14 774:6

sets 645:4,7,14

680:8 804:17

settled 761:2

settlement 731:20

seven 565:12 578:5

578:9

sheet 559:4 819:8

sheets 559:5

shipped 649:13

shorthand 818:5

show 593:5 606:19

606:22 624:15

628:1 631:20

635:22 664:9

755:15 757:21

776:9 777:4

showed 594:1

595:16 596:8

605:6 606:4 639:4

639:10 700:17

702:15 705:8

showing 718:2

side 678:22

SIGNATURE

819:11

significance 814:5

significant 570:1

570:20 574:3,9

576:20,22 577:4,6

577:9,13,14,16

578:1 581:6

582:11,13,17

594:3 595:17

596:9,19 656:16

signifies 632:19,20

632:21,21 635:1

simply 613:21

single 551:10 642:5

643:14 699:17

726:8

sir 562:14 583:16

588:1 589:4,18

595:15 598:8,20

604:8 606:22

608:17 621:2

642:22 643:6

644:17 650:11

654:8 695:5

701:22 704:18

708:21 738:9

739:20 747:8

749:4 775:4,9,21

779:7 780:1 781:1

791:15 793:6

794:8,17,22

795:20 796:8

797:16 798:3,20

799:6 801:19

803:8,19 804:8

807:8 809:4

815:20,22

sit 575:20 578:6

647:6 651:21

661:10 680:9

704:2 772:18

SITA 539:7

site 719:10

sitting 669:4 685:1

688:11

six 565:12

size 649:12 651:5

slight 569:22

slow 691:9

small 601:8 697:10

smaller 697:10,11

697:17

SMITH 539:14

sold 585:19

somebody 572:11

576:21 580:15

613:8 659:15,16

669:10 670:6

683:1,4,15 685:13

686:6 689:12

744:18 790:17

soon 595:8

sorry 549:22

552:19 584:7

585:2,14 589:19

590:2,7 591:21

598:14 604:7

610:2 612:1

623:18,20 638:17

650:10 694:18

700:10 704:8

711:8,10 716:20

719:20 724:15

728:8 772:15

777:17 778:21

779:20 783:5

804:5 813:13

sounds 570:9

573:22

source 548:9

549:11 550:2,8

556:9 561:5

563:10,13,14,16

610:20 687:7,11

761:22

sources 721:8

779:21

SOUTHERN 540:8

Southgate 540:5

speak 687:13

806:17

speaking 641:19

speaks 598:1 735:1

736:18 739:7

specific 547:14

559:10 587:1

590:19 620:3

656:7,8 661:1

666:13 676:22

697:14 759:9,16

810:1

specifically 550:7

550:16 561:14

562:22 573:12,16

573:18 575:18

596:1 626:5 655:4

675:4 676:4

677:15 694:11

714:18 720:15

732:19 740:7

741:7 743:8 753:1

762:10,11 798:5

798:17 803:11

806:14

specifics 590:19

635:9 764:4

speculation 564:18

565:8 572:14

573:21 581:18

586:1 596:22

626:17 627:12

630:2 633:8,16

634:8,19 639:20

654:4 656:18

657:5 667:4,11

668:16 669:6

671:2 713:10

725:20

spend 664:16

665:12

spending 588:10

spent 547:20

735:17 772:1

sphene 602:18

split 649:12 651:5

spoke 687:11 743:1

743:3

spoken 550:18

560:6

spot 609:3

spurs 790:18

stamped 542:16

544:11 587:8

693:2

Stand 692:9

start 565:5 591:7

started 741:21

starting 619:18

621:5 631:19

starts 615:19

669:19 694:17

695:12 767:18

state 728:16 736:8

736:9 758:6

809:19

stated 659:6

statement 577:5

594:11 662:2

663:2 796:19

statements 587:1

states 741:18

stating 658:5

669:22

Station 792:9

steams 613:19

Steinmetz 537:14

538:1 542:2 545:4

545:19 546:3,17

553:20 554:12

581:19 606:17

608:19 681:22

717:9 729:15

749:13 791:2,7,9

792:20 793:11

817:14,17 819:2

Steinmetz's 661:15

750:10 751:4

758:4 760:17

stenographic

545:16

STEPHEN 540:14

stipulation 544:9

692:22 740:9,12

747:14 751:20

755:5,22 756:9

757:2,6 758:7,10

stipulations 746:10

stood 723:13

stop 595:4 775:3

801:9,16,17

stopped 643:13

strategy 621:19,22

Street 538:4 539:19

545:11

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 97 of 104 PageID:

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Page 25

strong 671:9

studied 655:3,12

791:21

studies 592:14

603:11 604:2,15

604:16,21 605:1,4

605:7,9,14,21

606:3,11 612:5,7

612:8,19 614:1,6

619:3 656:12

665:9,11 670:3

780:1 781:2 816:8

816:9

study 569:8 597:20

598:12,17,20

599:2,2 601:1,4,6

601:9 602:6,19

603:13 604:10

606:12,16 607:3,6

611:7 612:8,12,21

613:7,14,16,17,20

614:16 615:2,12

620:1,4,13 627:18

636:18 639:14

641:5 656:4,7

664:8 665:8 693:9

703:13 704:3,15

704:18 736:16

794:4 796:21

807:22 815:8

816:13

studying 592:7

611:8

stuff 641:14 735:12

735:15 743:5

757:15,18,20

subject 620:12

621:6 757:1

791:19

submit 736:4

submitted 543:7

665:22 669:11

673:9 795:5

Subscribed 819:13

subsequent 620:5

672:21

subsequently 670:2

substance 819:7

substantiate 569:9

sudden 621:13

suggesting 792:13

Suite 540:10,15

Sullivan 660:3

661:12

summaries 599:10

629:18 718:14

summarized

656:10

summarizes 592:13

summary 544:13

630:4,7 665:7,8

694:2 715:9 733:4

733:5 776:18

782:9 784:5

Superior 537:1

545:5

support 640:16

788:10

suppose 775:3

795:17

supposed 589:11

708:14 711:11

743:11 746:15

775:11,17 776:5

776:10 779:6

sure 549:16 550:1,6

550:16 554:21

564:9 570:17

574:14 578:8

579:11 582:20

586:2 589:9

594:10 608:6

609:2,16 611:16

611:21 618:7

619:6 622:9

623:11,14 636:22

638:6 639:21

655:20 656:19

657:16 664:14,15

665:7 668:22

671:16 673:5

677:8 678:7,9

681:16 691:18

692:2 693:22

703:21 707:15

711:3,6 717:1

724:4 725:8 728:8

728:20 729:21

730:1 734:20

745:8 770:16

777:17 787:16

791:7 805:2 806:3

807:2 812:16

813:16

surprised 696:10

surrounding 586:4

survey 604:13

surveys 719:10

survived 597:5

survives 782:14

suspect 571:20

801:2,3 807:6

swear 545:17

sworn 545:20

819:13

T

T 539:9 542:1,1,4

543:1 544:1

632:19

tab 557:4 607:9,11

607:13,15 608:4

608:19,21 609:3

623:7,10,14,15,16

623:19 644:14

647:21 648:21

664:7,9,22 665:2

694:22 702:3,4,15

791:18 792:2,7

793:7,15,16 794:1

794:3 795:11

796:20 798:4

799:21

Table 696:19 796:9

801:21

tables 623:4

take 557:17,19

566:9 595:8

617:15 620:2

623:12 663:10,17

677:6,11 689:10

690:21 691:16

716:2,4 728:16

729:8,12,14 738:9

754:10,14,16

757:22 758:12

762:13 766:11

788:12 794:7

799:6

taken 543:4,20

544:8 545:10

574:18,20 576:4

606:20 609:11

617:19 626:9

627:4 630:19

633:5,13 634:14

645:19 649:8

653:4 661:12

662:3 663:3 664:2

667:9 668:19,20

669:10 673:7,21

676:11,14,18

677:17 679:6

685:11 686:21

688:16,19 692:8

692:19 696:5

725:19 754:19

757:15 788:17

798:6 802:20

803:11,17 805:11

805:19,20 806:9

806:15,20 807:9

808:3,7,11,16

809:5,9 818:3,5

takes 691:9

talc 540:8 543:9,16

543:19 551:11,18

558:2 563:3 566:1

566:4,8,15,21

567:11 570:14

576:22 577:17

585:10,11,19

586:4,8,17 588:7

589:13 590:13

592:7,7,15,16

593:8,10 594:2,14

602:7 603:2,2,3,8

609:15 612:17

620:13,13,13,15

620:17 621:7,11

623:3 625:6

629:17 630:4,7

632:19,20 641:22

642:1 647:22

649:5 656:10,12

658:1,10 659:3,20

660:6 662:17

665:3,9 666:7,12

668:9 674:8 675:5

675:7,9,11,13,15

675:18 681:10,17

690:1 694:3,20

695:14,16 696:22

697:19 700:15

705:9,20 718:5

719:1,17 720:17

721:20 730:8,10

730:12 733:10

751:1,8 759:2

789:4 791:5,19

792:4 796:12

814:12,15

talcs 798:16,17

talk 566:8 588:7

590:18 595:6

600:19 627:17,22

635:9 642:3

652:12,20 695:21

699:11 705:16,16

708:14 741:12

743:11 749:3

752:9 759:20

773:6 778:12

779:7,9,14 781:4

801:13

talked 551:6

552:13 557:20

566:20 604:22

685:14 720:7,11

740:8 760:20

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 98 of 104 PageID:

24482
Page 26

769:15 773:13

790:5 796:12

802:11 806:8

talking 570:13

583:15 590:16

595:4 596:4

598:12,17 601:3

604:11 610:2

612:11 616:4

618:2,5 623:7,18

624:19 627:18

630:10 636:17

637:1,2 657:19

664:19,20 681:13

694:20,21 696:5

696:13 700:15

705:5,10 708:11

719:21 720:10,12

737:6 764:21

767:18 770:7

781:21 791:22

796:15 802:8

talks 566:14,21

568:21 572:22

615:20 635:1

636:16 647:14

696:16 756:15

793:19 796:9

TDO 559:2,10,13

560:2,5,7,16

Tech 649:14 650:17

651:14 652:1,5

696:6 700:15,18

701:19 702:7

704:11,14 792:9

799:17 810:19

813:5,5

technical 635:10

techniques 569:7

technology 592:7

644:20 701:1,16

796:2

telephone 539:14

539:18 540:4,9,14

540:19 541:3

tell 545:21 566:20

567:3,10,15 568:6

587:20 588:3,18

610:16 630:8

633:4,12,21

635:13,19 637:13

645:17 646:19

647:8 652:16,20

660:22 661:1

664:9 670:14

691:19 702:11

716:3 734:6 735:8

743:4 744:5 750:1

758:13 763:4

784:14 795:6,8

796:10 802:7,20

805:10,15 806:19

809:4,8,14,22

811:16 813:10

telling 625:7 641:7

669:15

tells 803:10

TEM 701:16

734:10 780:2

781:10

ten 649:9,21 691:7

732:9 788:12

terminated 772:6

terms 558:17

561:16 564:13

629:22 757:2

test 571:15 574:10

575:12 636:18

637:22 651:8,22

657:18 791:8,10

792:10,16,17

793:9 794:18

795:3,9 796:4,5

796:21 797:2,10

797:13,16,21

798:4,12,20 799:3

799:10,22 801:20

815:8

tested 631:4 634:15

634:15 635:14

646:8 657:22

720:6 733:9

750:19 781:16,21

781:22 791:5

797:8 813:8,17

testified 545:22

568:4,6 598:13,18

726:11,18 727:1,6

732:5 738:22

787:19

testify 546:20

710:17 711:18

730:7,11 731:12

741:6 742:13,17

746:16,21 769:7

774:17 775:17

791:14

testifying 710:16

801:10

testimony 547:7,20

559:17 561:5

598:1 614:16

618:3 629:8

640:11 644:4,9

661:15 662:18

686:2,4 693:21

694:8 698:14

700:9 703:12

722:21 727:15

731:2 733:19

734:21 735:1

736:18 737:1,16

739:8 741:21

742:9,21 748:15

750:10 751:4

752:10 758:4

759:21 760:17,20

760:21 761:20

762:1,4 764:5

774:9 776:16

780:9,13,15,18

788:2,4,7 793:3

793:10 795:15,20

814:14 818:4,8

testing 542:7,11

551:8,11,17 554:2

555:6,15,19 557:9

558:2 566:8,15

567:11 570:13,14

597:4 608:8

615:20 616:2

657:2 703:3,18

704:3 717:20

718:5 719:1,8,17

720:12,15,17

721:19 723:21

741:15 742:15

747:16 748:5

750:8 773:8 776:4

778:3,19 787:12

789:4 791:3

792:11,14 797:18

797:22 812:20

tests 569:4 599:11

599:12 726:18

813:17

text 691:7

texture 569:10

thank 546:5 552:6

589:2 593:15

629:7 643:11,12

675:19 692:4

705:13 724:2

750:4 774:8

776:15,15 790:15

795:14,19 816:19

thin 653:5

thing 564:2 590:21

681:13 711:6

736:2 767:17

811:18

things 558:11 582:5

582:14 602:16

619:7 691:10

705:15 708:1

734:12,12 735:17

735:19 738:5,6

739:8,11 740:21

742:22 778:11

780:3

think 551:19 558:8

561:16,21,22

562:4,10 564:14

564:20,22 568:2

573:8 576:20

577:3,22 580:11

581:9,14,21

582:11,13,17

583:4,10 588:13

594:3 596:19

599:7 605:7 614:9

620:7 622:9

625:14,17 627:21

637:21 638:8

640:10 647:18

651:12 654:14

664:11,21 667:22

670:22 671:12,12

677:11,12,15,20

678:14 680:6,22

691:2,3 696:3

700:2 703:17

704:9 705:6,12

714:3,19 721:14

724:7 725:17

729:9 731:16,17

735:18 736:22

770:6 781:4 789:1

790:14 791:10

800:20,21,22

802:11

Thinkpad 729:10

thin-section 569:7

third 538:5 588:6

641:21 642:17

675:10 699:21

749:12 772:2

thought 570:10,19

572:11 574:2

577:21

thousands 798:21

three 543:9,13

552:20,21 565:12

632:6 645:3,7

651:1 669:4

673:14,20 674:8

674:14,20,21

679:16 680:8

728:18 749:7

770:15 791:1

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 99 of 104 PageID:

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Page 27

804:17

thrown 558:11

TIA 539:9

time 545:8 551:5,16

552:14 553:7

557:19,20 558:18

559:20 569:14

573:8 574:20

577:22 578:4

600:5 603:14

606:7 610:3

612:22 616:7,9

617:17,20 619:21

620:1,7 621:20

632:14 640:11

648:17 652:10

657:11,12 663:22

664:3,16 665:13

669:11 679:12

683:3 690:20

691:15 692:6,10

699:14 720:1,2

724:3 726:6

733:10 734:4

735:17 745:4

749:10 750:6

754:15,17,20

766:14 767:6

771:3 777:11

785:22 786:20

788:15,18 817:12

818:6

timeframe 610:2

616:4 719:20

times 562:9 644:1

698:2,21 699:2,15

728:17 742:20

773:12 800:19

816:16

title 782:8

today 545:8 546:7

548:10 568:13

575:20 578:6

588:5 595:1

605:17 618:11

642:22 647:6

651:21 653:12

660:14 661:10

680:9 704:2 720:8

720:11 731:8

739:4 742:17

745:6 747:4 751:2

772:2 774:16

775:10,10,12

777:15,18 778:1,4

778:8 779:1

today's 575:13

604:4 655:2

748:15 752:19

772:11

told 621:10 626:15

639:18 642:17

643:16 658:13

670:20 700:2

703:17 722:4,17

735:11 736:3

745:22 749:11

765:17 769:2

778:2 796:10

805:20

tolerating 801:11

top 546:10 605:8

617:7 618:10

636:3 648:7 785:9

topic 587:13,17,20

588:3,19 775:18

775:21

topics 754:13

totality 568:3

610:19

trace 569:22,22

653:8

traces 570:2

train 728:20

transcribed 818:7

transcript 544:6

563:22 564:15

565:17 572:12

578:6 579:4,8,16

582:15,16 598:5

615:8,18 617:13

623:22 632:2

643:1 692:17

693:12 695:1

729:8 730:5

791:12 818:5,7

transcription 582:3

819:4

transcripts 756:10

transferred 662:12

transmission

649:14 695:17

697:1 701:2

transpired 583:5

traveled 726:12

728:17

tremolite 607:10

tried 704:11

Triglia 557:10

563:6,22 564:14

579:4,8 615:11

623:2 624:1,6

632:12 635:22

637:13,16 642:6

644:21 649:3

664:18 665:3

693:11 694:13

695:10 701:20

702:1,16 796:22

797:19 798:1,8

810:19 815:9

Triglia's 615:18

703:13 806:7

trip 628:19

trips 619:2

TROUT-PEREZ

539:9

true 582:15 730:10

762:10 775:2

801:8

trust 723:2,6

truth 545:21,21,22

try 566:3 575:4

637:22 691:22

702:9 703:8

trying 651:17,19

652:17 659:1,10

659:21 700:14

789:14 809:1,18

TSR 556:15 557:10

568:22 601:9

607:7

TSR-type 620:6

ttrout-perez@kir...

539:10

turn 648:5 664:6

691:21 756:4

757:7

turned 650:20

737:6,10,15,18

738:20,22 739:21

739:22 740:21

741:20,22 742:1

744:17,17 745:15

745:19 746:11,13

746:13 747:17,17

748:2,6 750:7,13

751:19 753:9

761:3 785:14

twice 813:3

two 551:22 552:20

553:6,12,20

565:12 588:12

629:6 640:21

641:16,17 642:8

642:10 649:21

665:21 672:18,19

678:14 699:13

706:5 728:7,17,22

731:15 734:12

739:5,5 747:4

two-page 800:4

type 632:17 633:22

655:18,21,21

686:16 710:2

718:17 723:9

771:5 811:18

typed 580:16 581:1

582:5 715:9

785:10

types 589:8 629:16

632:18

typewritten 708:3

708:5 709:9

typically 669:19

typing 582:14

typo 782:13

U

ultimately 733:14

785:13 791:9

796:22

unclear 640:14

underlined 571:2,5

572:12,16,16

underlying 718:8

732:15

understand 585:2

599:3 605:13

608:17 609:11,20

609:22 610:1,4

619:1 628:5

651:17 658:8

659:1,10,22

667:17 694:19

709:5 741:6

789:13,14

understanding

546:19 547:1,6,10

584:14 610:4

676:10 706:22

707:9,20 730:22

understood 667:14

700:12

undertake 547:15

742:4

undertook 628:20

unequivocal 591:6

593:6 594:13

UNION 539:12

university 543:22

686:14,15 687:1

687:20 688:5

690:14

update 623:3 665:4

665:11 695:13

792:5

updates 696:6,9

use 542:8,9,11

554:2,6 555:6,16

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 100 of 104 PageID:

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555:18,20 557:1,9

563:18 578:9

714:12 715:6

815:17

V

vague 558:5 560:20

563:11 604:6,21

606:1,16 657:6

707:2,7 779:19

value 582:22

VAN 541:3

VANDERBILT

541:2

various 650:16

669:21

Vermont 543:22

592:16 593:9

628:20 686:14,15

687:2 736:9,16

version 579:8,10,12

579:16

versus 631:5

646:18 659:3

videographer

541:9 545:2,13

617:17,20 663:22

664:3 692:6,9

754:17,20 788:15

788:18 817:12

videotape 544:6

692:17

Videotaped 537:14

Village 541:4

visit 619:19 620:4

655:5 736:5

visited 601:4

Volk 783:9

VOLUME 537:16

von 734:17

Vreeland 540:15

vs 537:7 544:17

545:5 776:21

782:11

W

w 727:22 755:12

wait 578:14 729:2

waiting 588:22

walk 663:18

wall 678:18,22

want 551:6 554:10

554:13 597:1

600:19 608:6

609:2 611:12

630:8 657:10,12

660:20 663:15,16

663:16 664:15

665:15 671:15

672:10 681:14

682:3,6 690:20

691:4,16 694:15

706:1 716:6

728:22 729:7,21

736:4 754:15

775:2 777:4

789:14 791:12,16

791:21 795:8,16

796:18 801:13

807:2 816:12

wanted 551:1

602:12,13 634:10

642:2 668:6

677:11,22 709:7

709:15 712:11,17

714:5 734:5,7,9

735:9,11,14

765:22 793:1

Washington 537:12

538:6 545:11

691:22 736:8

wasn't 564:10

570:18 572:18

611:16 613:15,16

640:11 657:3

703:7,7 734:20

735:3,13 739:11

791:7

waste 553:7 679:12

691:14 749:10

wasting 747:2

watched 549:1

Waterbury 694:20

way 598:22 603:12

612:20 613:6

614:17 646:4,14

646:19 651:15

652:15 654:1

663:21 671:8

672:19 697:6

701:17 717:8

719:13 767:2

784:16 785:1

802:7 804:10

Wednesday 537:13

weeks 649:21

729:21 739:5

770:16 777:13

weight 697:13

WEINER 541:3

went 564:13 571:20

604:11 609:18

613:7,8,8 614:7

616:16 620:7

639:10 641:4,20

693:8,10 726:2

763:9 806:6

weren't 589:11

612:4 696:8 719:6

724:4 796:10

Westfall 544:16

558:4,15,20

559:14 563:6

597:10 723:22

725:22 726:3

730:7 731:20

732:14 733:4,7

734:4,8 735:10

738:11 739:12

741:15 745:14

750:8,20 756:1

761:2,15 762:5

763:8,11,22

764:22 765:21

766:2,15 768:2

770:20 771:7,14

776:4,11,21

782:11

we'll 595:6 621:19

663:11 672:12,22

728:22 730:19

776:16 806:16

we're 580:2 583:14

588:8 594:22

609:9 614:13

617:18 624:18

627:20 642:5

660:19 664:1,4

665:6 705:10

739:15 791:22

805:9

we've 560:6 599:9

604:22 606:18

614:20 617:14

656:10 720:7

721:7 724:8 740:8

772:1

whereabouts

549:20 550:14

White 543:18

681:19 682:15,20

683:12 685:14

whited 580:15,22

580:22 581:12

whited-out 583:4

white-outs 582:4

whiting 582:14

Whittaker 539:17

544:17 765:2

776:22 782:11

William 544:7

591:9 592:5

692:18 723:21

741:15 742:15

745:15 750:19

759:22 776:4,7

778:3,19

willing 730:11

Windham 736:6

withheld 623:17

721:18 723:11

784:8,16

witness 545:18,20

547:1,10,18

548:14,22 549:14

550:6 551:1,14

552:12 553:3

556:2 558:7 559:1

559:18 560:4,14

560:21 561:13,21

562:7,16 563:16

564:7,19 565:9,14

566:12,17 567:18

568:1,9,10,17

570:8,17 571:10

571:18 572:15

573:7,15,22

574:14 575:8,16

576:2,12,17 577:3

577:13,20 578:8

578:18 580:20

581:4,20 582:9,20

583:9 584:7,14

585:14 586:2,12

586:20 590:2

593:13,16,17

594:10 595:21

596:11 597:1,15

598:2 600:4,14

604:7,22 606:2,15

606:18 608:2,20

609:4,6 611:15

614:5,20 615:7

617:6 619:5,6,14

622:8,11 623:1,10

624:3,9 625:21

626:5,12,18 627:1

627:6 628:8 629:9

629:15 630:3,15

630:22 631:8,16

633:10,18 634:2,9

634:20 635:8,17

635:18 636:13,22

638:17 639:7,13

639:21 640:10,21

640:22 641:10

643:10 644:1

645:11,22 646:12

647:2,12,17

648:15 650:12

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 101 of 104 PageID:

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651:12 652:4

653:15 654:5,13

654:21 655:8,15

655:20 656:7,19

657:7 658:3,16

659:5,14 660:2,8

661:16 662:1,2,9

662:21 663:8

665:1 666:16

667:5,11 668:1,17

669:7,18 670:9,10

670:17 671:3,19

672:18 673:5,19

678:8,13 680:6,21

683:11,22 684:17

685:4,8 686:1,8

687:10 688:14

689:8,17 690:4,10

691:18 693:22

694:9 696:3

698:20 700:10

703:6,21 704:8,21

704:22 705:12

706:7,15 707:9,15

708:10,18 709:5

709:12,21 711:3,9

711:16 712:9,22

713:11,18 714:2

714:11,17 715:5

716:10,20 717:10

717:17 718:14

719:5,20 720:5

721:1,13,14,22

722:10,17 723:2

724:15 725:6

726:16,22 727:14

730:2 732:2,18

733:20 735:2

736:21 737:14

738:4,15,19 739:3

739:6 740:4,20

742:7,8,20,21

743:8,14,16 744:1

744:3,8,9,16

748:1,9,17,18

749:5,18 750:11

751:5,15 752:8,16

752:22 753:8,18

754:1,7 755:8

756:18 757:11

758:6,18 759:9,14

760:3,10,19 761:9

761:19 762:9

763:17 764:3,16

767:16 768:6,13

768:20 769:4,12

769:14,21 770:6

770:14 771:1,10

772:9,15 773:2,13

773:21 775:1

779:13,20 780:7

780:18 781:8,14

781:19 782:5

784:20 785:7,19

786:5,10,18 787:6

787:15 788:3,9

789:18 790:9

795:21,22 796:15

797:7 798:15

799:15 800:4

801:15 802:11

803:1,14 804:5,13

805:2,14,15 806:1

806:3,12 807:2,11

807:19,20 808:6

808:14,21 809:11

809:12,17 810:5

810:13,22 811:7

811:15 812:6,15

813:2,13,21 814:9

814:15 815:1

816:2,17,18 818:4

818:8

woman 761:5

wondering 643:15

word 581:7,10,21

707:17,22 708:7

709:8,13 712:2,5

713:2,12 714:7,19

715:6,9 716:11

words 581:9 651:1

707:17 713:15

714:12 715:11

word-searchable

713:6 770:2

work 569:16

571:12,21 572:22

629:16 649:19,21

669:20 677:12

684:3 726:4

734:10 736:7,8

762:20 784:8,16

worked 673:16

683:1,3 686:6

759:14

working 549:5

649:9 665:9

works 657:13 683:2

wouldn't 566:1,2

614:9 641:5

722:18 743:12

757:13 758:19

761:10

write 732:9 737:3

738:5 742:2

written 599:12

628:18 709:16

712:18 787:21

794:14,17

wrong 678:4 810:9

wrote 676:17 737:3

780:20

X

X 542:4 543:1

544:1

Xerox 735:18

x-ray 569:4,5 653:4

718:10,10

Y

Yeah 691:12 746:9

years 548:1 583:15

583:18 592:8

597:5 600:6 660:3

666:22 669:4

732:9 768:2,7

yes-or-no 717:8

York 736:9

Yunko 621:6,10

622:5

Z

zero 811:17

Zimmermann

607:7

0

0010055-57 542:17

587:9

07004 539:15

07009 541:4

07701 539:5

07932 540:15

07962 540:5

07962-2075 540:20

08109 540:11

08903 539:19

1

1 545:3 556:16

557:4 621:6 622:5

696:19 796:9

800:17 801:21

818:20

1:38 692:10

10 544:19 621:5

698:2,21 699:2,15

699:15 782:18

783:7 800:18

10th 650:1,5

10:02 537:15 545:9

100 540:5

102 753:3

11 664:20 665:2

694:12 695:9

792:3 800:18

11:08 617:18

11:20 617:21

117 565:1 617:10

618:8

119 598:15 612:3

762:14

12 800:18

12:03 664:1

12:13 664:4

12:41 692:6

121 612:3,15

126 619:17

127 539:4 622:16

13 566:7,14 590:6

708:14 800:18

1300 540:20

13154 695:1 792:5

14 541:4 542:8

554:3 555:16

556:19 557:13

565:16 566:15,21

624:16 635:21

637:4 800:18

15 565:16 567:4,6

567:13 568:11

580:10 607:16

625:1 660:3 731:7

747:2 800:18

811:17

15th 538:4 545:11

16 567:11 631:21

764:21 800:18

16th 632:6 649:10

17 542:13 544:8

557:14 567:16

580:10 587:5

692:19 701:20

702:1,16 800:18

18 636:17 800:18

19 557:5 568:7

637:9,17 644:19

792:8 795:10

799:4 800:18

1940s 592:15

1960s 787:7

1967 592:17

1970s 605:5

1971 542:10 554:7

555:18 557:2

1972 542:8 554:3

555:16 556:16

1973 542:12 543:8

555:7,20 557:9,11

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 102 of 104 PageID:

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665:22 666:4

668:21 673:10

1976 676:9

1977 558:9 607:7

1978 598:18 655:5

1978-79 619:21

1979 598:19 620:11

621:1,6 622:5

623:2 624:16

628:2 631:21

644:19 649:2

655:5 664:18

665:2 694:13

695:9,15 701:20

702:1,16 791:5,18

791:21 792:3,8,11

795:10 799:4

815:10 816:14

1980s 592:15

642:13

1982 557:3

1983 556:17 559:7

576:4 592:17

598:7 676:9 765:7

768:7

1984 560:17 582:3

583:6 707:4

716:17 717:4,14

787:4,21

1989 542:13 587:5

1990s 759:2

1992 737:3

1993 657:18 679:17

679:21 680:10,11

2

2 537:13 542:12

545:8 555:7,20

557:9 598:11

700:20 756:7

765:7 800:17

807:15

2:36 754:18 755:1

2:58 754:21 755:1

20 563:6,8,9 567:13

568:11 620:11

621:1 628:2 768:2

768:7 772:1

800:18

200 728:13

20005 538:6

2004 768:1 785:15

2006 556:12 785:15

2010 544:19 782:18

783:7

2012 682:19

2013 544:5 692:14

2014 544:8 692:19

2017 537:13 545:8

819:14

202-879-5959

539:11

2020 818:20

21 563:6 648:21

791:18 793:7,15

793:16 800:19

2139 557:6

22 800:19

220 540:15

23 540:15 649:2

664:18 791:18

800:19

2333 556:20

24 800:19

240 540:10

25 792:2 794:1,3

796:20 798:4

800:19 801:6,21

812:10

2500 540:10

26th 819:14

28 557:11 647:21

3

3 756:4 766:5

800:17,19

3M 537:8 545:5

3-20-79 628:12

3:29 788:16

3:45 788:19

30 595:13 702:4,15

794:1

3014 557:15

3057 557:13

3104 557:14

32 542:7 553:10,12

554:1 555:10

556:5,14,15

644:14,16 718:2

718:20 719:14

792:7 795:11

799:19,21 801:19

802:8 803:10

809:4,12

33 542:9 553:12

554:5 555:10,22

556:5,14 718:2,20

719:14 720:19

33355 565:19

3360 666:1

34 542:11 554:20

555:2,3,5,11,22

556:6,14 718:2,4

718:21 719:14

720:19

35 542:13 587:4

591:5 592:8

36 568:20,21

672:15,16 673:2

36A 673:3,6

36A-B 543:4

36B 673:7

37 564:10,21

570:10,15,18

573:19 673:18

674:3

37A 674:4,7,22

675:5,14

37A-C 543:9

37B 674:8 675:8,16

37C 674:8 675:10

675:18

37D 674:13 675:12

37D-F 543:13

37E 674:14 675:15

37F 674:14 675:17

38 543:16 625:7

649:8 651:2,22

653:3 681:17

695:3 700:21

701:13 705:9

735:7 791:4,6,20

792:6,15 793:17

793:17 796:1

798:6,18 799:16

800:21 801:3

802:12 807:4

812:17

39 543:19 686:20

687:6

4

4 544:5 619:18

676:15,19,22

677:14 678:6,7,8

692:14 698:21

699:2 766:5

800:17 807:15

4A 756:15

4th 699:15

4-17-2012 687:18

4.1 698:1

4.14 698:2

4:11 817:13,16

40 539:19 544:4

583:15,17 597:5

666:22 692:12

800:8

40,000 699:3,4,5

4026 801:1

41 544:6 692:16

42 543:6 544:9

666:17 668:6

673:8 692:21

697:6 698:2,6

699:5,14,14

702:22 755:16,22

43 544:13 776:17

777:5

44 544:19 782:17

783:7

45 789:2

46 539:15

47 557:14

480 539:19

49 745:10

5

5 551:7,17 653:2

676:15,19,22

677:14 678:6,7,8

678:9,14,14,16

718:6 733:3 748:4

756:20 800:17

807:15 811:17

5th 698:2,21 699:2

5-17-79 647:22

50 618:13 623:10

623:14,15,16,19

624:17,18,19

628:3 632:1 636:8

693:18 694:6,9,22

764:20 800:15,16

500 543:6 666:17

668:6 673:9 703:1

51 764:19

546 542:3

55 615:19 811:17

554 542:7,9

555 542:11

58 624:12

587 542:13

6

6 607:7,15 608:21

609:3 678:9,14,14

678:16 764:22

765:19 767:4

800:17 807:15

6B 795:12 800:21

6th 699:16

6-7-71 557:1

6.7 699:15

60 539:15 631:19

600,000 699:16

700:5 796:11

611-1626 783:17

63 637:4

655 538:4 545:11

67 580:4,6

Case 2:11-cv-01754-BRM-AME Document 496-1 Filed 04/30/18 Page 103 of 104 PageID:

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673 543:4

674 543:9,13

681 543:16

686 543:19

692 544:4,6,9

7

7 542:10 554:7

555:18 560:17

568:21 608:4

716:17 717:4

783:12 785:3

787:20 800:18

70s 543:12 673:16

674:10

72 680:13

73 680:13

732-545-4717

539:20

74 730:4

74PS 800:21

75 800:19

76 677:18

776 544:13

782 544:19

79 616:4

8

8 557:2 580:8

723:19 778:17

779:2 800:18

80s 543:12 673:16

674:11

83 677:18

856-317-7180

540:11

888-394-0962 539:5

89 732:21

9

9 631:19 800:18

93 745:11,13

94 734:1 747:15

96 734:16 750:16

973-239-54700

541:5

973-425-8774

540:21

973-667-6000

539:16

973-822-1110

540:16

973-889-34150

540:6

99 751:11

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