Exhibit 1

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

____________________________________

:

KIMBERLEE WILLIAMS, et al., :

:

Plaintiffs, :

:

v. : Case No. 2:11-cv-1754-JLL-JAD

:

BASF CATALYSTS LLC, et al., :

:

Defendants. :

____________________________________:

______________________________________________________________________________

THIRD INTERIM ORDER FROM SPECIAL MASTER

RE ECF NO. 370

______________________________________________________________________________

THIS MATTER originally having been opened by the January 25, 2017 

application of defendant BASF Catalysts LLC (“BASF”) (Kirkland & Ellis LLP and Robinson 

Miller LLC, appearing) seeking various forms of discovery relief, including the tender of a 

“science day” [ECF No. 228];

AND, by an order dated October 26, 2017 and filed October 27, 2017, that 

application was denied as moot [ECF No. 359];

AND, during consideration of the November 2, 2017 application of plaintiffs 

Kimberlee Williams, Nancy Pease, Marilyn L. Holley, Donna Ware, Donnette Wengerd, and 

Rosanne Chernick, each in their capacity as the personal representative of a decedent and as 

representatives of others similarly situated (“plaintiffs”) (Cohen, Placitella & Roth, P.C., and Fox 

Rothschild LLP, appearing), seeking an order determining the applicability of the crime-fraud 

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and Kozlov exceptions to defendants’ privilege claims [ECF No. 370], it having become clear 

that additional expert proofs would be necessary in order to adjudicate properly that application;

AND, during an April 2, 2018 oral argument, the question of the need for 

additional expert proofs was raised with the parties, together with a request that parties advise as 

to their respective views on the conduct of a hearing for the receipt of such expert proofs;

AND, by a submission dated April 18, 2018 [ECF No. 482], BASF having 

advanced the proposition that a hearing for the receipt of such expert proofs would be of aid in 

resolving plaintiffs’ pending motion to determine the applicability of the crime-fraud and Kozlov

exceptions to defendants’ privilege claims;

AND, by a letter also dated April 18, 2018 but not filed, defendants Cahill 

Gordon & Reindel LLP, Howard G. Sloane, and Ira Dembrow (the “Cahill defendants”) (Pepper 

Hamilton LLP, appearing), having joined in BASF’s submission that a hearing for the receipt of 

such expert proofs would be of aid in resolving plaintiffs’ pending motion to determine the 

applicability of the crime-fraud and Kozlov exceptions to defendants’ privilege claims;

AND, by a letter dated April 20, 2018 [ECF No. 484], plaintiffs having advanced 

the proposition that a hearing for the receipt of such expert proofs “is not necessary to 

meaningfully advance” plaintiffs’ pending motion to determine the applicability of the crimefraud and Kozlov exceptions to defendants’ privilege claims;

AND, the submissions of having been read and considered;

AND, for good cause appearing;

IT IS, this 23rd day of April, 2018 hereby

1. ORDERED that an evidentiary hearing for the receipt of expert proofs in 

aid in resolving plaintiffs’ pending motion to determine the applicability of the crime-fraud and 

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Kozlov exceptions to defendants’ privilege claims be, and the same hereby is, scheduled for 

Wednesday, May 2, 2018, starting at 10:00 a.m., at the offices of Ballard Spahr LLP, 1735 

Market Street - 48th Floor, Philadelphia, Pennsylvania; and it is hereby

2. FURTHER ORDERED that the issues to be addressed during that 

evidentiary hearing are limited solely and exclusively to the following:

(a) the overall testing record concerning Emtal talc to determine 

whether and to what extent it contained asbestos

(b) the relevant capabilities and limitations of the testing methods then 

used by BASF (and its predecessors) and others to determine whether and to what 

extent the Emtal talc was contaminated with asbestos;

(c) the conclusions, if any, reached by government investigators, thirdparty analysts, and others regarding whether and to what extent the Emtal talc was 

contaminated with asbestos; and,

(d) the results of any more recent testing of Emtal talc samples;

and it is hereby

3. FURTHER ORDERED that these proofs are to be presented exclusively 

via the viva voce testimony of experts qualified as required by Fed. R. Evid. 702; and it is hereby

4. FURTHER ORDERED that summaries of the testimony of each of the 

experts to be tendered at the May 2, 2018 evidentiary hearing shall be exchanged among the 

parties by no later than noon on Monday, April 30, 2018; and it is hereby

5. FURTHER ORDERED that the order of proof shall be (a) plaintiffs’

proofs, (b) BASF’s and the Cahill defendants’ opposition proofs, and (c) plaintiffs’ rebuttal 

proofs; and it is hereby

6. FURTHER ORDERED that (a) the presentation concerning plaintiffs’

proofs shall be limited to two (2) hours; (b) the presentation concerning BASF’s and the Cahill 

defendants’ opposition proofs shall be limited to two (2) hours in the aggregate; and (c) the 

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presentation concerning plaintiffs’ rebuttal proofs shall be limited to one (1) hour; and it is 

hereby

7. FURTHER ORDERED that, save and to the extent absolutely necessary 

to advance the course of the evidentiary hearing, arguments of counsel will be dispensed with.

/s/ Roberto A. Rivera-Soto

Roberto A. Rivera-Soto

Special Master

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