Document 10w9jk8RxRqj3L3Dj4jqMQeVo

COMMONWEALTH OF KENTUCKY HANCOCK CIRCUIT COURT SHIRLEY H. McGLENON and ) TERRY L. PARKER, ) CO-EXECUTORS OF THE ) ESTATE OF LEON FISCHER, ) Plaintiffs, ) vs. ) Case No. 08-CI-00022 SECO/WARWICK ) CORPORATION, et al., ) Defendants. ) Videotaped deposition of LINDA A. SNOWBALL, a Witness herein, called by the Plaintiffs for cross-examination pursuant to the Kentucky Rules of Civil Procedure, taken before me, the undersigned, Lori K. Phillips, an RMR and Notary Public in and for the State of Ohio, at the offices of Vorys, Sater, Seymour and Pease, 1100 FirstMerit Tower, Akron, Ohio, on Thursday, the 5th day of February, 2009, at 9:00 o'clock a.m. BISH & ASSOCIATES, LLC 520 South Main Street, Suite 2501 Akron, Ohio 44311 (330) 762-0031 (800) 332-0607 FAX (330) 762-0300 E-Mail: bishinfo@bish-associates.com www.bish-associates.com APPEARANCES: On Behalf of the Plaintiffs: Sales, Satterley & Johnson By: Rick A. Johnson, Attorney at Law 134 South Third Street P.O. Box 730 Paducah, KY 42002-0730 (270) 442-0019 On Behalf of The Goodyear Tire & Rubber Company and Ms. Snowball: Vorys, Sater, Seymour and Pease LLP By: Brent C. Taggart, Attorney at Law 52 East Gay Street P.O. Box 1008 Columbus, Ohio 43216-1008 (614) 464-6400 and By: Rosemary D. Welsh, Attorney at Law 221 East Fourth Street Suite 2000, Atrium Two P.O. Box 0236 Cincinnati, Ohio 45201-0236 (513) 723-4487 On Behalf of Henry A. Petter Supply Company: McMurray & Livingston, PLLC By: Christopher Hunt, Attorney at Law P.O. Box 1700 Paducah, KY 42002-1700 (270) 443-6511 On Behalf of Motion Industries, Inc.: Napier Gault, PLC By: Patrick W. Gault, Attorney at Law 1400 Starks Building 455 South Fourth Street Louisville, KY 40202 (502) 855-3802 On Behalf of National Service Industries, Inc.: Phillips, Parker, Orberson & Moore By: Benjamin White, Attorney at Law 716 West Main Street, Suite 300 Louisville, KY 40202 (502) 583-9900 On Behalf of Garlock Sealing Technologies, LLC: Pedley & Gordinier By: Berlin Tsai, Attorney at Law 1150 Starks Building 455 South Fourth Street Louisville, KY 40202 (502) 214-3120 On Behalf of Seco/Warwick Corporation: Wyatt, Tarrant & Combs By: Rebecca Schupbach, Attorney at Law 500 West Jefferson Street PNC Plaza, Suite 2600 Louisville, KY 40202 (502) 562-7323 ALSO PRESENT: Ken Arnold, Videographer Page 3 Page 2 INDEX Exhibit No. Plaintiffs Exhibit 1 Plaintiffs Exhibit 2 Plaintiff's Exhibit 3 Plaintiff's Exhibit 4 Plaintiff's Exhibit 5 Plaintiff's Exhibit 6 Plaintiff's Exhibit 7 Plaintiff's Exhibit 8 Plaintiff's Exhibit 9 Plaintiff's Exhibit 10 Plaintiff's Exhibit 11 Plaintiff's Exhibit 12 Plaintiff's Exhibit 13 Plaintiff's Exhibit 14 Plaintiff's Exhibit 15 Plaintiff's Exhibit 16 Examination By: Mr. Johnson Page 4 Page:Line 57:21 59:6 62:13 64:11 65:4 65:18 66:7 67:12 67:24 68:20 69:14 70:17 71:11 72:8 73:14 74:1 Page:Line 5:6 1 (Pages 1 to 4) Page 5 Page 7 1 LINDA A. SNOWBALL 1 Wertman? 2 of lawful age, a Witness herein, having been 2 A. For ten years. 3 first duly sworn, as hereinafter certified, 3 Q. Can you tell me the years? 4 deposed and said as follows: 4 A. 1967 to 1977 -- '76. 5 CROSS-EXAMINATION 5 Q. Have you been known as Linda Snowball 6 BY MR. JOHNSON: 6 the other periods of your life? 7 Q. Would you state your full name, 7 A. No. I was known as Linda Fleming. 8 please. 8 Q. And what were the years that you were 9 A. Linda Ann Snowball. 9 known as Linda Fleming? L0 Q. Okay. Miss Snowball, I'm Rick 10 A. 197 -- well, 1977 to 1991. 11 Johnson one of the attorneys for the 11 Q. Okay. And since 1991? 12 Plaintiffs in this case and introduced myself L2 A. Linda Snowball. 13 just briefly when we started. To my knowledge 13 Q. Thank you. And prior to 1967? 14 we never have met before. Is that your 14 A. Linda Snowball. 15 understanding also? 15 Q. Okay. Thank you. What position were 16 A. Yes. 16 you hired at in 1977 at Goodyear? 17 Q. Would you tell me your address, 17 A. I was hired in as a secretary in the 18 please. 18 Patent and Trademark Department. 19 A. 3831 Columbia C-o-l-u-m-b-i-a Avenue, 19 Q. Is that secretary in the traditional 20 Norton, Ohio. 20 sense of the word that providing secretarial 21 Q. And your office address? 21 assistance to another person or is that 22 A. At Goodyear it's 1144 East Market 22 secretarial in a corporate title position? 23 Street, Akron, Ohio. 23 A. It was providing secretarial 24 Q. When did you begin your employment 24 assistance. 2 5 with Goodyear? 25 Q. And how long did you serve in the Page 6 Page 8 1 A. 1977. 1 secretarial position? 2 Q. And were you known as Linda Ann 2 A. From 1977 to 1984. 3 Snowball at that time? 3 Q. And who was your immediate supervisor 4 A. No. 4 during that time? 5 Q. Okay. What was your name at the time 5 A. Frank Pincelli P-i-n-c-e-l-l-i. 6 you were hired? 6 Q. What position did Mr. Pincelli hold? 7 MS. WELSH: Rick, this is 7 A. He was a patent and trademark 8 Rosemary. Could you and the witness get any 8 attorney. 9 closer to the phone? 9 Q. Did you receive, excuse me, did you i0 THE WITNESS: Do you want me to 10 receive a promotion in 1984? 11 put this up? 11 A. Yes. 12 MS. WELSH: You're fading out at L2 Q. And to what position? 13 the end of your sentences. 13 A. To the manager of the corporate 14 MR. TAGGART: Hold on. Let's -- 14 secretary's office. 15 I'm going to move this phone around a little 15 Q. Did that require a relocation to 16 bit so it's sort of equidistant between the 16 another building or were you in the same 17 two of them and hopefully that will improve 17 general location as your previous position 18 your reception. 18 with the patent office? 19 THE WITNESS: I'm sorry. Would 19 A. No, it did not require relocation. 20 you repeat the question. 20 Q. Okay. You were still at Goodyear's 21 BY MR. JOHNSON: 21 headquarters in Akron? 22 Q. Yes, ma'am. Your name at the time 22 A. Yes. 23 that you were hired by Goodyear in 1977? 23 Q. Okay. And who was your immediate 24 A. Was Linda Wertman. 24 supervisor in the -- tell me the name of that 25 Q. Approximately how long were you Linda 2 5 position again, manager of? 2 (Pages 5 to 8) Page 9 Page 11 1 A. Manager of the secretary's office. 1 A. In 1987 I also took responsibility 2 Q. Was the secretary your supervisor? 2 for the record center and for Goodyear's 3 A. Ah, no. 3 record retention program, document management 4 Q. Okay. Who was your supervisor? 4 program. 5 A. Bob Stadevec, S-t-a-d-e-v-e-c I 5 Q. And who did you report to at -- in 6 believe. Been awhile. 6 that capacity? 7 Q. What position did Mr. Stadevec hold? 7 A. Jim Boyazis B-o-y-a-z-i-s and also 8 A. I'm not sure of his exact title. I 8 Pat Kemph K-e-m-p-h. 9 think he was the director. 9 Q. What position did Mr. Boyazis -- L0 Q. Director of the office of the 10 A. Boyazis. 11 secretary? 11 Q. -- did he hold? 12 A. I'm not sure what -- exactly what his 12 A. He was assistant general counsel and 13 title was. 13 secretary. 14 Q. Okay. What did you do in your 14 Q. So he was secretary of Goodyear Tire 15 position as manager of the office of the 15 & Rubber Company? 16 secretary? 16 A. Yes. 17 A. I was in charge of the corporate 17 Q. And what position did Ms. Kemph hold? 18 records vault, which was a contract vault, and 18 A. Assistant secretary. 19 also had responsibility for the people that 19 Q. Did you have any other changes in 20 managed or handled the corporate minute books 20 your job duties until 2003? 21 for Goodyear subsidiaries and we also did 21 A. No. 22 delegations of authority in that department as 22 Q. Explain for me, Miss Snowball, if you 23 well. 23 will, what was involved in your job 24 Q. What is a delegation of authority? 24 responsibilities from 1987 to 2003 in regards 2 5 A. Under our signing resolution an 25 to overseeing the record center. Page 10 Page 12 1 executive -- an elected vice president, 1 A. Yes. I had people that worked for 2 president or chairman is authorized to sign 2 me. We -- when records were sent to the 3 documents. A delegation of authority allows 3 record center from departments, we entered 4 other folks to -- other people, employees to 4 that information, kept track of it and at the 5 sign delegations -- or to sign documents on 5 time that they were eligible for review for 6 behalf of Goodyear. 6 discard we sent out destruction notices to the 7 Q. Approximately how many employees were 7 people that had sent the documents down there 8 under your supervision as manager of the 8 and after appropriate review and a sign off on 9 office of the secretary? 9 that we would destroy those documents. At the L0 A. Five. 10 time we also -- I also had a microfilming 11 Q. And what were those type of positions 11 operation and we did microfilming. 12 that were under your supervision? 12 Q. The departments that would send you 13 A. There were four analysts, contract 13 records did that include every department with 14 analysts and one person that did the 14 Goodyear Tire & Rubber Company? 15 delegations of authority and minute books. 15 A. No. 16 Q. How long did you continue in that 16 Q. Okay. Which departments would not 17 position as manager? 17 have been included? 18 A. Until 2003. 18 A. I don't know. 19 Q. Did your job duties remain the same 19 Q. If a department did not send its 20 during that 1984 to 2003? 20 records to the record center, were the records 21 A. No. 21 retained at the department? 22 Q. Okay. When did your job duties 22 A. Yes. 23 change? 23 Q. There wasn't like a second record 24 A. In 1987. 24 center? 25 Q. And how did they change? 25 A. No. 3 (Pages 9 to 12) Page 13 Page 15 1 Q. The records that were sent to the 1 Q. And are you continuing in that 2 records center that you were managing did they 2 position as of today? 3 include records from any of the company's 3 A. Yes. 4 subsidiary companies? 4 Q. When you began working as a contract 5 A. I don't -- from the sub -- I'm sorry. 5 consultant for Goodyear in 2004, did you 6 Repeat the question. 6 assume the other job responsibility that you 7 Q. Okay. Any subsidiary of Goodyear? 7 had had prior to I guess retiring in 2003? 8 A. I don't know. 8 A. Yes, everything except the management 9 Q. Okay. Did you receive record from 9 responsibility. L0 any company other than Goodyear Tire & Rubber 10 Q. And who assumed that responsibility? L1 Company? 11 A. Would have been Bert Bell. 12 A. No. 12 Q. I'm sorry? 13 Q. Did you receive record from - 13 A. Bert Bell. 14 records from plants across the United States? 14 Q. Is he still in that position? 15 A. When the plants would close, we may 15 A. Yes. 16 have received records. 16 Q. What is his title? 17 Q. When was - 17 A. I'm not sure of the exact title, but 18 (Mr. Gault joined conference.) 18 he's an assistant secretary and I believe 19 BY MR. JOHNSON: 19 associate general counsel. 20 Q. -- when was the microfilming 20 Q. Do you have -- does your department 21 operation started? 21 have possession and control of the list of the 22 A. Oh, I don't know the year. 22 vital records that were directed to be reduced 23 Q. Was it before you - 23 to microfilm? 24 A. Yes. 24 A. I don't know. 2 5 Q. -- came? 2 5 Q. Is that -- when did, or if it did Page 14 Page 16 1 A. Yes. 1 stop, when did microfilming stop? 2 Q. So before 1987? 2 A. I don't know the exact date. It was 3 A. Yes. 3 in the '90s sometime. I'd have to go back. I 4 Q. When you were managing the records 4 don't know what the exact date -- I don't 5 center from 1987 to 2003, what were the 6 criteria in determining whether or not a 5 remember. 6 Q. You were there when it stopped? 7 record would be reduced to microfilm? 7 A. Yes. 8 A. We had a list of vital records and 9 based on that it was -- that's the list that 8 Q. And what became of the records that 9 had been microfilmed? 10 they used to determine whether they would be 0 A. We havethose, still have those. 11 microfilmed or not. L1 Q. And do you also have a list of what's 12 Q. Who replaced you as manager? Is that L 2 included in those records? 13 the right title of the record center? L3 A. Yes. 14 A. Manager of secretary's office. L 4 Q. But you're not sure if you have a 15 Q. Okay. You oversaw the records L 5 policy? I'm not sure about your earlier 16 center. Who replaced you in that position? L 6 answer when I asked you if you had the 17 A. Anita Castora C-a-s-t-o-r-a. L 7 criteria for what was a vital record or the 18 Q. Is Ms. Castora still in that L 8 listing of which items would be vital records. 19 position? L9 A. Yeah.When we stopped microfilming, 20 A. No. 0 we basically shut down that part of the 21 Q. Do you know who replaced her? 21 department and I'm not sure if we still have a 22 A. I replaced her. 2 list of the vital records that were on that 23 Q. When did you replace her? 3 list. I haven't had to look for that and I 24 A. In fall of 2004 as a contract 4 don't know whether we still have it or not. 25 consultant for Goodyear. 2 5 Q. Can you give me an example of a vital 4 (Pages 13 to 16) Page 21 Page 23 1 that I assume has certain criteria on how long 2 the document is held before it can be 3 destroyed; is that correct? 4 A. Yes. 5 Q. And what is that period that the 6 document is to be held? 7 MR. TAGGART: Objection. Go 8 ahead. 9 THE WITNESS: What document? .0 BY MR. JOHNSON: 11 Q. It varies from document to document? 12 A. Yes. 13 Q. Okay. Documents concerning an 14 employee's personnel file at Goodyear? 15 A. It's termination plus six years. 16 Q. Documents pertaining to medical 17 examinations of Goodyear employees? 18 A. I don't know. 19 Q. Are you aware of such documents? 20 A. I know there are medical files. 21 Q. Is there a retention time period 22 assigned for medical files? 23 A. I believe there is, yes. 24 Q. What's that? 25 A. I don't know what that is. I'd have 1 A. I don't understand the question. 2 Q. Okay. Does your record retention 3 policy include advising departments as to 4 their responsibilities in retaining records? 5 A. I'm sorry. Repeat the question. 6 Q. Does your records retention policy 7 include advising departments as to their -- as 8 to the requirements of them retaining records? 9 MR. TAGGART: Objection. Go 0 ahead. 1 THE WITNESS: I'm sorry. I still L2 don't understand the question. 3 BY MR. JOHNSON: 4 Q. To whom does the records retention 5 policy give direction? 6 A. The policy gives direction to 7 associates of The Goodyear Tire & Rubber 8 Company in Akron. 9 Q. To whom do those associates call upon 0 for advice or direction concerning the 1 requirements of records retention? 2 A. Generally they would call me. 3 Q. Do you get such calls from employees 4 outside of the corporate headquarters in 5 Akron? Page 22 Page 24 1 to look at the retention schedule. 1 A. Occasionally. 2 Q. How long is the retention schedule, 2 Q. Does the same records retention 3 how many pages? 3 policy relate to the calls outside of 4 A. 133. 4 Goodyear's headquarters? 5 Q. Do you know how many different 5 A. Currently what I do is give them the 6 classifications it includes? 6 guidelines that we are using in Akron 7 A. No. 7 corporate headquarters. 8 Q. And how many individuals work under 8 Q. Do you know if they're required to 9 your supervision in the records retention 9 follow those guidelines? .0 area? 0 A. No, I don't know. 11 A. Well, I don't supervise any more. 1 Q. In addition to informing associates 12 Q. Under -- what's the gentleman's name L2 and others of the Goodyear record retention 13 that's the supervisor now, Mr. Bell? 3 policy, does the records retention department 14 A. Yes. 4 also involve itself directly with retaining 15 Q. How many individuals work under his 5 records? 16 supervision? 6 MR. TAGGART: Objection. 17 A. One. 7 THE WITNESS: I don't understand 18 Q. One. And what's that person's title 8 that question. I'm sorry. 19 or job description? 9 BY MR. JOHNSON: 20 A. Record coordinator. 0 Q. Are records ever sent to the records 21 Q. Is that employee the employee that is 1 retention department for the purpose of the 22 primarily responsible for reviewing a document 2 records detention -- retention department 23 that is submitted to records retention? 3 deciding whether or not to retain the record? 24 A. No. 4 MR. TAGGART: Objection. Go 25 Q. Who is? 25 ahead. 6 (Pages 21 to 24) Page 25 Page 27 1 THE WITNESS: I'm sorry. Repeat 1 A. Yes. 2 the question. 2 Q. And where's that building? 3 BY MR. JOHNSON: 3 A. It's at the corporate headquarters at 4 Q. Are records ever sent to the records 4 1144 East Market Street. 5 detention -- records retention department for 5 Q. Are those boxes identified by the 6 the purpose of the records retention 6 date that they are placed into the records 7 department deciding whether or not to retain 7 retention at the record center? 8 the record? 8 A. Currently on the physical boxes the 9 A. Well, when we receive records in the 9 only thing that is on the physical box is a L0 record center, the department makes the L0 bar code label. 11 decision as to whether they can hold them in 1 Q. What is the purpose of the bar code 12 their department, whether they have room for L2 label? 13 them or not. 3 A. The bar code label is the unique 14 If they are on the record 4 identifier for that particular box of records. 15 retention schedule and there is a record 5 Q. And what information would the bar 16 retention period assigned to it, we accept it 6 code label supply? 17 into the record center. We do not look at 7 A. Just the accession number, the unit 18 individual documents. We just accept the box 8 number of the box. 19 as -- and enter that information onto our 9 Q. What does the unit number of the box 20 database. 0 tell you? 21 Q. Would the record center receive 1 A. It just tells us -- the unit -- the 22 records from a department with the specific 2 bar code label just has a unit number on it 23 request from the department that it be 3 which is a box number and that's all that 24 retained at the record center? 4 would be on the physical box. 2 5 A. When the department sends records to 5 Q. And how is that utilized in Page 26 Page 28 1 the record center, it has to be on the 2 retention schedule as a valid record series 3 and has to still have a remaining period of 4 time for which it needs to be held. 5 Q. What factors are used in the 6 departments in determining which records are 7 sent to the record center for retention as 8 opposed to which records are kept in the 9 department for retention? i0 A. That's up to the departments. 11 Q. What is the approximate volume -- I'm 12 sorry. What is the approximate volume of the 13 number of records that are currently at the 14 record center? 15 A. Over 44,000 boxes. 16 Q. How large a box? 17 A. They're generally 1.2 cubic foot 18 boxes, but we do have some larger boxes as 19 well. 20 Q. And do you know approximately how 21 many cubic feet or square feet the building is 22 where the records are retained? 23 A. No. 24 Q. Are they all retained in one 25 building? 1 identifying the contents of the box? 2 A. It -- okay. Let me explain that when 3 records are sent to the record center the 4 individual sending them down to the record 5 center fills out an accession sheet. That 6 accession sheet has a bar code number and 7 other identifying information regarding the 8 box of material that was sent down to us. 9 Q. Are there requirements on what that 0 other identifying information is to be? 1 A. Yes, it's part of the form. L2 Q. And what would be an example of the 3 other identifying information? 4 A. The record series name. 5 Q. Is time period identified? 6 A. There is a place on the form for the 7 time period to be filled in. 8 Q. Would there be a place to identify 9 medical records? 0 A. Medical records is a record series 1 name, so that would fall under the record 2 series. 3 Q. Is there a place to identify air 4 sampling data? 25 A. I don't -- I don't know if that's a 7 (Pages 25 to 28) Page 29 Page 31 1 record series or not. 1 BY MR. JOHNSON: 2 Q. Do you have a list of all the record 2 Q. You don't have a recollection then of 3 series? 3 the space that was retained -- that was 4 A. Yes. 4 required, I'm sorry, that was required to 5 Q. Do you know about how many different 5 house the boxes that were being kept at the 6 record series there are? 6 record center in 1987 having to be increased 7 A. No. 7 to the current time? 8 Q. Is there a record series for 8 A. Yes, it was increased. 9 asbestos-containing products? 9 Q. Okay. When was it increased? .0 A. No. 0 A. In 2003, maybe early 2004. 11 Q. Are the boxes placed on shelves in an 1 Q. Were the -- was the increase 12 organized manner such that they can be located L2 necessary for different type of arrangement 13 through their bar code number? 3 that was being used as far as the storage of 14 A. Yes. 4 the boxes or was it needed because there was a 15 Q. And how far back in time -- well, let 5 larger number of boxes? 16 me ask that another way. 6 A. There were a larger number of boxes. 17 Out of the approximately 44,000 7 Q. When you began overseeing the record 18 boxes of records that are in the record center 8 center in 1987 who did you replace in that 19 what would be the oldest time period that a 9 position? 20 box would have been assembled? 0 A. Pat Kemph. In 1987? I'm sorry. 21 I'm not talking about how long, 1 Please repeat the question. 22 you know, how old the record in the box might 2 Q. Okay. In 1987 I believe was the date 23 be, but when the box itself would have been 3 that you began responsibilities in overseeing 24 assembled for storage how many years back did 4 the record center? 25 that go? 5 A. Yes. Page 30 Page 32 1 A. I don't know. 2 Q. Was it there in 1987? 3 MR. TAGGART: Objection. Go 4 ahead. 5 BY MR. JOHNSON: 6 Q. Were the boxes there when you began 7 in 1987? 8 A. There were boxes in the record center 9 in 1987. .0 Q. Do you remember how many thousand 11 were there then? 12 A. No. 13 Q. Was it the same room that it's in 14 now? 15 A. Yes. 16 Q. But you've been there almost 21, 22 17 years. You have seen the number of boxes 18 increase that are in storage at the record 19 center? 20 MR. TAGGART: Objection. Go 21 ahead. 22 THE WITNESS: Yes. Well, I can't 23 say that they have increased. I know I -- no, 24 I can't. I rephrase that. No, I cannot say 25 that they have increased. 1 Q. And who did you replace? 2 A. Harriet Boggs B-o-g-g-s. 3 Q. Do you know how long Miss Boggs had 4 been in that position? 5 A. No. 6 Q. Do you know who was in that position 7 before Miss Boggs? 8 A. No. 9 Q. Did you work with Miss Boggs in a L0 transition in your new job responsibilities 11 over the record center? L2 A. Yes. 13 Q. Do you recall any conversation with 14 Miss Boggs about how long she had worked in 15 that position? 16 A. No. 17 Q. Do you recall any conversations with 18 Miss Boggs about how long the records had been 19 located in that location? 20 A. No. 21 MR. TAGGART: Objection. Go 22 ahead. 23 THE WITNESS: No. 24 BY MR. JOHNSON: 25 Q. Excuse me. What requirements does 8 (Pages 29 to 32) Page 45 Page 47 1 were produced in that race -- in that case? 1 information in obtaining air sample -- air 2 A. I don't remember. 2 sampling records in the Connell case? 3 Q. Do you recall giving a deposition in 3 A. I'm sorry. Repeat the question. 4 the Connell case on August 15, 2008? 5 A. Yes. 4 Q. Did you provide any information or 5 any assistance in obtaining air sampling 6 Q. Did you testify in that case after 6 records in the Connell case? 7 that deposition? 8 A. Yes. 7 A. Well, I don't know. 8 Q. You don't know if anyone asked for 9 Q. When was that? L0 A. In January of 2009. 9 access to your records in relation to that L0 litigation? 11 Q. And was that at trial? 1 MR. TAGGART: Objection. Go 12 A. Yes. L2 ahead. 13 Q. Do you recall any questions 3 THE WITNESS: Not that I recall 14 concerning air sampling data? 4 specifically for that litigation, no. 15 A. I was asked to authenticate documents 5 BY MR. JOHNSON: 16 and I authenticated documents at that time. I 17 don't remember the content of all the 18 documents. 6 Q. Do you recall being asked for access 7 to records at the record center in relation to 8 asbestos litigation? 19 Q. Do you remember who was asking you to 9 A. Yes. 20 authenticate the documents? 0 Q. When do you last recall that being 21 A. Both our attorney and Goodyear -- The 1 done? 22 Goodyear Tire & Rubber Company's attorney and 2 A. In 2002 Vorys Sater at the direction 23 Mr. Bevan I believe. Well, The Goodyear Tire 24 & Rubber Company asked me to authenticate 3 of Goodyear's general counsel came in and I 4 was asked to give them access to the records 2 5 documents. 5 in the record center. I gave them copies and Page 46 Page 48 1 Q. And you don't recall if the 1 lists of the database that we had for the 2 Plaintiffs lawyer asked you to authenticate 2 records that were in the record center. They 3 documents also? 3 spent several months gathering records there. 4 A. Yes, I believe he did. 4 My understanding was that they were 5 Q. Do you know Mr. Joseph Holtshouser 5 asbestos-related documents. 6 H-o-l-t-s-h-o-u-s-e-r I believe? 6 They also spent a lot of time 7 A. Yes. 7 throughout Goodyear in other departments 8 Q. And in what capacity do you know Mr. 8 collecting information, records and to my 9 Holtshouser? 9 knowledge those records are all in a i0 A. I knew him as an employee of The 10 repository maintained by Vorys Sater in 11 Goodyear Tire & Rubber Company. 11 Columbus, Ohio. 12 Q. And in what area was he employed? 12 Q. And prior to those records being -- 13 A. I believe he was in the industrial 13 well, you said -- did you say copies were 14 hygiene area or health and safety. I'm not 14 made? 15 sure exactly. 15 A. I don't know what they did. I don't 16 Q. Do you also know him to have been a 16 know whether they made copies or whether they 17 consultant since his retirement from Goodyear? 17 took originals. We only provided them access 18 A. No, I didn't know that. 18 to the records. 19 Q. You haven't had any contact with him 19 Q. So based upon that I assume that 20 as a consultant? 20 since this records assembling was done in 2002 21 A. No. 21 by Vorys Sater that you have not provided any 22 Q. Did you have contact with him 22 asbestos records from the record center? 23 concerning the Connell case? 23 A. That's true. 24 A. No. 24 Q. Okay. Prior to 2002 did you provide 25 Q. Did you provide any assistance, any 25 any asbestos records from the record center? 12 (Pages 45 to 48) Page 49 Page 51 1 A. I don't know whether they were 1 use the record center for retention of 2 asbestos records. Our attorneys who dealt 2 records? 3 with that particular subject matter would from 3 A. No. 4 time to time ask for records to be delivered 4 Q. Does Goodyear maintain a library in 5 to them from the record center. 5 relation to Goodyear manufactured products? 6 Again, my understanding was all 6 A. Not that I know of. 7 those records were turned over and are in the 7 Q. Does Goodyear maintain in archives, 8 repository as well, but I can't speak to what 8 other than the record center that we're 9 they collected specifically. 9 talking about, that includes Goodyear L0 Q. Does Goodyear have a records L0 historical records? 11 retention policy in relation to the time 1 A. No. 12 period that a record is retained for an L2 Q. How old is the Goodyear corporation? 13 employee who has undergone medical tests? 3 A. August 29, 1898. Was incorporated in 14 MR. TAGGART: Objection. Go 4 Akron, Ohio. 15 ahead. 5 Q. Does Goodyear corporation have an 16 THE WITNESS: Nothing that 6 individual as part of their job responsibility 17 specific, no. 7 is corporate history, corporate archives? 18 BY MR. JOHNSON: 8 A. Not that I know of. 19 Q. Are you familiar with a policy that 9 Q. You'd know if Goodyear has entered 20 requires retention of the records for a 30 0 into any type of agreements with university, 21 year period after the employee's employment 1 some other institution for preservation of 22 ends at Goodyear? 2 historical records? 23 MR. TAGGART: Objection. 3 A. Yes. 24 THE WITNESS: I'm sorry. Would 4 Q. And which institution or institutions 2 5 you repeat the question. 5 might that be? Page 50 Page 52 1 BY MR. JOHNSON: 2 Q. Yes. Are you familiar with any 3 records retention policy that would require 4 retaining a record on an employee for a 30 5 year period after the employee's employment 6 ended at Goodyear? 7 A. I'd have to look -8 MR. TAGGART: Objection. 9 THE WITNESS: -- I'd have to look i0 at the retention schedule. I don't know off 11 the top of my head. 12 BY MR. JOHNSON: 13 Q. Do the records at the record center 14 include any brochures about products 15 manufactured by Goodyear? 16 A. That I don't know. 17 Q. Is the marketing department a 18 separate department at Goodyear? 19 A. Yes. 20 Q. Is the marketing department one of 21 the departments that utilizes the records 22 retention center? 23 A. I don't know. 24 Q. Is there any reason that the 25 marketing department wouldn't be eligible to 1 A. The University of Akron. 2 Q. Do you know when that agreement was 3 reached? 4 A. In the '90s. I'm not sure of the 5 exact date. 6 Q. Did you have any involvement in 7 discussions leading up to that agreement? 8 A. Ah, no. 9 Q. Do you know who the representative 0 from the University of Akron was that was 1 involved in discussing arrangements for those L2 records? 3 A. I believe it was John Miller. 4 Q. Do you know what position he held at 5 the university? 6 A. No. 7 Q. Do you know who was the person 8 responsible at Goodyear for entering into or 9 negotiating that agreement? 0 A. Patricia Kemph. 1 Q. Miss Kemph still with Goodyear? 2 A. No. 3 Q. Do you know her current whereabouts? 4 A. No. 25 Q. Do you know when she left Goodyear? 13 (Pages 49 to 52) Page 53 Page 55 1 A. I'm not exactly sure, no. 1 like storage cabinets, but I don't know the 2 Q. She used to be assistant secretary; 2 volume of records that were turned over to The 3 is that correct? 3 University of Akron. 4 A. Yes. 4 Q. Have you had any contact with the 5 Q. Do you know if she had a position 5 representatives from University of Akron 6 after assistant secretary? 6 concerning Goodyear records since this turning 7 A. I -- no, she did not that I know of, 7 over of records was made to them in the '90s? 8 not at The Goodyear Tire & Rubber Company. 8 A. No. 9 Q. Do the corporate minutes at Goodyear 9 Q. Have you ever viewed the records that L0 Tire & Rubber Company reflect the position of 10 were turned over to The University of Akron 11 assistant secretary? 11 after they were turned over? 12 MR. TAGGART: Objection. Go L2 A. No. 13 ahead. 13 Q. Do you know what use University of 14 THE WITNESS: I'm not sure what 14 Akron is making of them at this time? 15 the question is. 15 A. No. 16 BY MR. JOHNSON: 16 Q. Who is the head of the public 17 Q. Is assistant secretary an officer of 17 relations department? 18 the corporation? 18 A. Yeah, I don't know who that is right 19 A. Yes. 19 now. 20 Q. Do the minutes of the corporate -- 20 Q. Okay. Do you recall the previous? 21 corporation indicate who the corporate 21 A. No, didn't have too much dealings 22 officers are at the time the minutes are 22 with them. 23 generated? 23 Q. I believe you testified that you 24 A. I don't know. 24 would have contact some of the Goodyear 25 Q. Do you know if assistant secretary is 25 manufacturing facilities from time to time if Page 54 Page 56 1 required to sign the minutes? 1 a inquiry was made concerning records 2 A. I don't know that. 2 retention policies; is that correct? 3 Q. Were you involved in producing, 3 A. Yes. 4 providing any of the Goodyear records to 4 Q. Have you had contact with the 5 University of Akron? 5 Goodyear facilities in Bayport, Texas 6 A. Ah, yes. 6 concerning records retention policies? 7 Q. When did that occur? 7 A. Not that I recall. 8 A. In the '90s. I'm not sure exactly 8 Q. How about Niagara Falls, New York? 9 what date that was. 9 A. Possibly a long time ago. I don't L0 Q. And do you remember the number of L0 remember when. I remember having a 11 records that were provided? 1 conversation, but I don't -- can't really say 12 A. Well, the public relations department L2 specifically what it was about. 13 had in archives and they turned those over. I 3 Q. What about Beaumont, Texas? 14 have no idea what the volume of those were. 4 A. Well, we recently visited Beaumont, 15 We also had some records in the record center 5 Texas because we're working on retention 16 and those went to The University of Akron as 6 schedules for manufacturing facilities. 17 well. 7 Q. When was that visit? 18 Q. Which records were those in the 8 A. Ah, fall of last year. I think we 19 record center? 9 did theirs in December, but that was just to 20 A. There were some artifacts and some 0 gather information as far as record series 21 things that the trademark department had 1 that they would have in their possession. 22 collected and they were down in our area and 2 Q. Do you know if they have any air 23 those were turned over to them. 3 sampling records in their possession? 24 Q. Do you remember how many boxes? 4 A. I don't know specifically about that. 25 A. Oh, those were in a couple cabinets, 25 Q. Do you know if any of the 14 (Pages 53 to 56) Page 57 Page 59 1 manufacturing facilities have air sampling 2 records? 3 A. I don't know specifically if they do 4 or don't. 5 Q. Have you had interactions or dealt 6 with the Goodyear facility in Houston, Texas? 7 A. Yes. 8 Q. In relation to records retention 9 policies? .0 A. Yes. 11 Q. When was that? 12 A. In the same time frame that we did 13 Beaumont, Texas. 14 Q. Do you have any information 15 concerning air sampling studies or records at 16 the Houston facility? 17 A. Not specifically, no. 18 MR. JOHNSON: I'm going to ask the 19 court reporter to mark this document as 20 Plaintiffs Exhibit 1. 21 (Plaintiff's Exhibit 1 22 was marked for identification.) 23 MR. JOHNSON: For those of you on 24 the telephone, the document that was 25 introduced in Mr. Holtshouser's deposition 1 a document that was sent to The Goodyear Tire 2 & Rubber Company. 3 MR. JOHNSON: Okay. I'd ask the 4 court reporter to mark the next group of nine 5 pages as Plaintiffs Exhibit 2. 6 (Plaintiffs Exhibit 2 7 was marked for identification.) 8 MR. JOHNSON: For those of you on 9 the phone, this is the document that was 10 introduced at Mr. Holtshouser's deposition 11 except for the fact that it has nine pages 12 instead of ten because the duplicate page that 13 was used in that other document has been 14 removed. 15 MR. TAGGART: Okay. Just for the 16 record this is Brent Taggart. I'm going to 17 object to this as being characterized as a 18 single document because it appears very 19 clearly to me to be portions of several 20 different documents. 21 One of them is an incomplete copy 22 of a Goodyear products catalog. Then there's 23 what appears to be a single sheet ad and 24 there's three different pages of what appears 25 to be a different catalog, two of which have Page 58 Page 60 1 indicated correspondence from International 1 the page numbers from the original 61 and 91. 2 Talc Company to Goodyear Tire & Rubber Company 2 And then there's another one that appears to 3 dated October 10, 1973 has been marked as 3 be another single sheet ad. 4 Plaintiff's Exhibit 1 and I provided Brent 4 So I don't think this can fairly 5 with a copy and Miss Snowball is looking at it 5 be characterized as a single document. It 6 at this time. 6 appears to be several different documents and 7 BY MR. JOHNSON: 7 portions of documents. 8 Q. I don't think you've had time to read 8 MR. JOHNSON: That's fine. Your 9 the entire letter, Miss Snowball, and if you'd 9 objection is well taken. L0 like to that's fine, but my initial question 10 BY MR. JOHNSON: 11 is do you recognize that document? 11 Q. And I would instead like to make 12 A. I do not recognize this document 12 reference to the top page that was marked as 13 specifically, no. 13 Exhibit 2 that indicates that Goodyear 14 Q. Okay. Can you tell me if this 14 Industrial Rubber Products and ask Miss 15 document includes some of the factors that you 15 Snowball if she would look at that document 16 testified about previously that would allow 16 and ask her if that is something that she 17 you to authenticate a document as being a 17 recognizes as a Goodyear Tire & Rubber Company 18 document in -- a Goodyear record? 18 document? 19 A. Well, this appears to be a document 19 MR. TAGGART: Again, I object to 20 that was sent by International Talc Company to 20 it being characterized as a document because 21 The Goodyear Tire & Rubber Company. The 21 it's the first page of what is probably a 22 address is correct. It was to the attention 22 hundred page catalog, but go ahead. 23 of J.P. Mullett in chemical purchasing and I 23 THE WITNESS: Um -- 24 do know that there was a J. Mullett in the 24 BY MR. JOHNSON: 25 purchasing department. So I would say it was 25 Q. Okay. For the purposes of the record 15 (Pages 57 to 60) Page 61 Page 63 1 do you recognize that as being perhaps one 1 A. No. 2 page of a document Goodyear Tire & Rubber 2 Q. You haven't dealt with Goodyear 3 Company? 3 documents that include notations GYP? 4 A. It appears to be The Goodyear Tire & 4 MR. TAGGART: Objection. Go 5 Rubber Company logo is at the top. There was 5 ahead. 6 an industrial rubber products department. I 6 THE WITNESS: I don't remember. 7 know we produced industrial rubber products 7 BY MR. JOHNSON: 8 and I would say it could be, probably is a 8 Q. Okay. Direct your attention to the 9 page of a Goodyear document. 9 first page of Exhibit 3 on the right-hand side L0 MR. JOHNSON: Okay. Thank you. L0 where it identifies the photograph as wingfoot 11 Ask the court reporter to mark this next 1 welding. Do you see that? 12 exhibit and it would constitute three pages L2 A. I'm sorry. Where? 13 indicating at the bottom for the purposes of 3 Q. On the right-hand side underneath the 14 identification GYP 000122, second page 123 and 4 picture, the term -- 15 third page 124. 5 A. Wingfoot welding. 16 MR. TAGGART: You know, we can 6 Q. -- wingfoot welding? 17 maybe cut this short. She's only listed as a 7 A. Uh-huh. 18 witness for authentication if you make us 8 Q. Are you familiar with the phrase, the 19 authenticate documents. I think we can 9 term wingfoot? 20 stipulate each of these sheets as being a page 0 A. Yes. 21 from a Goodyear document because I recognize 1 Q. Does it relate to Goodyear? 22 all of them so -- 2 A. It can relate to Goodyear, yes. 23 MR. JOHNSON: That'd be fine. 3 Q. Is it a trademark or a copyright? 24 MR. TAGGART: I don't need you to 4 A. I believe it's a registered 25 go through the exercise with her for purposes 5 trademark. Page 62 Page 64 1 of your documents. I imagine we can probably 1 Q. You aware of any companies using that 2 stipulate to all of them if you just show them 2 registered trademark other than Goodyear? 3 to me. 3 A. I don't know. 4 MR. JOHNSON: Well, that is half 4 Q. You don't know if you're aware of it? 5 of the objective. 5 A. I don't know if any other companies 6 MR. TAGGART: Okay. 6 use it. 7 MR. JOHNSON: The other half is 7 MR. JOHNSON: Okay. The next 8 that I think it's important to have a clear 8 exhibit I'd like to have marked as Plaintiff's 9 understanding as to the criteria -- 9 Exhibit 4, one page, indicates at the bottom 10 MR. TAGGART: Okay. L0 GYP 000121. 11 MR. JOHNSON: -- that she uses. 1 (Plaintiff's Exhibit 4 12 MR. TAGGART: That's fine. L2 was marked for identification.) 13 (Plaintiff's Exhibit 3 3 BY MR. JOHNSON: 14 was marked for identification.) 4 Q. Okay. Miss Snowball, you able to 15 BY MR. JOHNSON: 5 identify Plaintiff's Exhibit 4 as a Goodyear 16 Q. Okay. Showing you Plaintiff's 6 document? 17 Exhibit 3, Miss Snowball, are you able to 7 A. I would say it is. 18 authenticate that three pages -- those three 8 Q. And the basis for that? 19 pages marked as Plaintiff's Exhibit 3 as 9 A. It has the Goodyear name at the 20 Goodyear doc -- Goodyear -- part of a Goodyear 0 bottom. It also indicates to write to 21 document? 1 Goodyear Akron in Ohio or Los Angeles, 22 A. There's -- no, I'm not. 2 California. 23 Q. Okay. Direct your attention at the 3 Q. Okay. Thank you. 24 bottom to the initials GYP. Are you familiar 4 A. Uh-huh. 25 with those, that initial? 25 MR. JOHNSON: I'd like to have 16 (Pages 61 to 64) Page 65 Page 67 1 this next document. For purposes of 1 I -- all I can say is that it has The Goodyear 2 identification at the bottom appears to be the 2 Tire & Rubber Company logo at the top and 3 number 73. 3 wingfoot and Goodyear made in U.S.A. at the 4 (Plaintiffs Exhibit 5 4 bottom. Without having seen the whole 5 was marked for identification.) 5 document I guess I'm a little -- it appears to 6 BY MR. JOHNSON: 6 be a Goodyear page -- 7 Q. Showing you Plaintiffs Exhibit 5, 7 Q. Okay. 8 Miss Snowball, can you authenticate that 8 A. -- from some document. 9 document? 9 MR. JOHNSON: Okay. Thank you. L0 A. I would say this is a page 73. It is 10 I'd like to ask the next page be marked as 11 a Goodyear Tire & Rubber Company document. It 11 Exhibit 8. 12 has the Goodyear name on it. It also 12 (Plaintiffs Exhibit 8 13 indicates through your Goodyear industrial 13 was marked for identification.) 14 products in Akron at the bottom and -- 14 BY MR. JOHNSON: 15 MR. JOHNSON: Thank you. Okay. 15 Q. Okay. It's the last one that I have 16 I'd like to have the next document marked as 16 at this time, Miss Snowball. Would you review 17 Plaintiffs Exhibit 6. 17 that document for me and tell me if you can 18 (Plaintiff's Exhibit 6 18 authenticate it. 19 was marked for identification.) 19 A. Okay. This again appears to be a 20 BY MR. JOHNSON: 20 page out of some type of document. It has the 21 Q. Can you authenticate that document? 21 Goodyear logo at the top and I would say that 22 A. This appears to be, again, a Goodyear 22 it is probably a page from a Goodyear 23 document. It has Goodyear with the logo at 23 document. 24 the top. Goodyear Wingfoot made in U.S. is at 24 (Plaintiffs Exhibit 9 25 the bottom. That appears to be our mark as 25 was marked for identification.) Page 66 Page 68 1 well. 2 Q. Okay. Thank you. 3 A. So I would say it's a page from a 4 Goodyear document. 5 MR. JOHNSON: Okay. Next mark 6 Plaintiffs Exhibit 8, please -- 7. Sorry. 7 (Plaintiffs Exhibit 7 8 was marked for identification.) 9 BY MR. JOHNSON: i0 Q. Okay. Showing you Plaintiffs 11 Exhibit 7, Miss Snowball. 12 A. Okay. 13 Q. Can you authenticate that document? 14 A. It has the Goodyear logo at the top. 15 Again, it has the wingfoot and Goodyear 16 wingfoot at the bottom. I would say it looks 17 like a document, a page from possibly a 18 Goodyear document. 19 Q. Well, do you have any -- any 20 reservation in authenticating that document? 21 That's a little bit -- maybe you didn't intend 22 for your response to be different than in the 23 other ones, but it appeared that you weren't 24 as confident for some reason. 25 A. Well, no. It's a page so, you know, 1 BY MR. JOHNSON: 2 Q. Okay. Miss Snowball, I'm showing you 3 a document one page that's been marked as 4 Plaintiffs Exhibit 9. Indicates at the top 5 Wingfoot Clan and I believe there's a date of 6 November 23, 1964. If you would, would you 7 look at that and tell me if you can 8 authenticate that document. 9 A. Yes, I can. 10 Q. And the basis for that would be? 11 A. It says the Wingfoot Clan and that is 12 the symbol that was used on the Wingfoot Clan, 13 Akron, Ohio which is where our corporate 14 headquarters is. If -- now, this also the 15 Wingfoot Clan was a very large format. So 16 this would only be a segment of a page -17 Q. Okay. 18 A. -- from that Wingfoot Clan. 19 Q. All right. Thank you. 20 (Plaintiffs Exhibit 10 21 was marked for identification.) 22 BY MR. JOHNSON: 23 Q. Showing you a document marked 24 Plaintiffs Exhibit 10 which at the top says 25 page 5 the Wingfoot Clan January 14, 1995 I 17 (Pages 65 to 68) Page 69 Page 71 1 believe. 1 at the top right-hand corner where it said 2 MR. TAGGART: Objection. I 2 Goodyear? 3 believe that's 1965. 3 A. Yes, I see that it says Goodyear. 4 BY MR. JOHNSON: 4 Q. Okay. Does that give you any 5 Q. '65. Okay. 5 indication as to whether or not it's a 6 A. Oh, gosh. Yeah, I see the Wingfoot 6 Goodyear document? 7 Clan up at the top and, again, it's a very 7 A. No. I -- based on that is the only 8 small part of one page. I guess based on what 8 information on there. I can't authenticate 9 I have I would say it's probably a Goodyear 9 this. L0 Tire & Rubber Company. If it is, in fact. L0 Q. Okay. Thank you. 11 The Goodyear Tire & Rubber Company's, yeah, 1 (Plaintiff's Exhibit 13 12 yeah. There were -- L2 was marked for identification.) 13 Q. Okay. Thank you. 3 BY MR. JOHNSON: 14 (Plaintiff's Exhibit 11 4 Q. Showing you Plaintiffs Exhibit 13, 15 was marked for identification.) 5 which at the top appears to be the date 16 BY MR. JOHNSON: 6 7/21/64, ask that you look at that document. 17 Q. As Plaintiffs Exhibit 11 showing you 7 Sorry. 18 three pages that indicate The Goodyear Tire & 8 MR. TAGGART: Thank you. 19 Rubber Company at the top in a letter dated 9 BY MR. JOHNSON: 20 January 26, 1990 ask that you look at those 0 Q. And there also is a name at the 21 three pages, please. Can you authenticate 1 bottom of that. Appears to be is it W.M. 22 that document? 2 Clark? 23 A. Yes. 3 A. Correct. 24 Q. And what would be the basis for that? 4 Q. Do you recognize that name? 2 5 A. It is on The Goodyear Tire & Rubber 5 A. No. Page 70 Page 72 1 Company letterhead. W.E. Barr was an attorney 1 Q. Okay. Is that a document you can 2 at the time. We did have a plant in 2 authenticate? 3 Greensburg, Ohio and I recognize the name 3 A. I can't authenticate it as a Goodyear 4 Althousejust as a name. I don't know the 4 document. Again, I see Goodyear up at the 5 gentleman personally, but I remember -- notice 5 top, but I don't know that this is a Goodyear 6 that name. 6 document. 7 Q. I'm sorry, which name did you say you 7 Q. Okay. Thank you. 8 recognize? 8 (Plaintiffs Exhibit 14 9 A. Althouse sounded familiar. It was on 9 was marked for identification.) L0 the carbon copy piece of that. L0 BY MR. JOHNSON: 11 Q. All right. Does E.W. DeMarse sound 1 Q. Showing you Plaintiff's Exhibit 14, 12 familiar? L2 which at the top appears to indicate 6/11/65, 13 A. No. I've heard the name. I don't 3 and ask if you would look at that and there 14 know. I've heard the name. I don't know wh 4 also appears to be a signature at the bottom. 15 -- as a Goodyear associate, but I don't know 5 A. There is a name at the bottom Yeist 16 what he did or where he was from. 6 and it says Goodyear at the top. There was a 17 (Plaintiff's Exhibit 12 7 Yeist that worked at Goodyear, but I don't 18 was marked for identification.) 8 know if that's the same one. So I can't 19 BY MR. JOHNSON: 9 positively confirm that this is a Goodyear 20 Q. Showing you one page marked as 0 document. 21 Plaintiff's Exhibit 12 and ask if you would 1 Q. Okay. There also appears to be a 22 review that. Is that a document that you can 2 signature at the bottom, which I'm sure would 23 authenticate? 3 be subject to interpretation, but if I ask you 24 A. No, I cannot. 4 if you are familiar with a Snyder does that 25 Q. Okay. Did you observe the language 25 sound -- a familiar name to you at Goodyear? 18 (Pages 69 to 72) Page 73 Page 75 1 A. There was a Dr. Snyder and I was 1 MS. WELSH: I object to the use of 2 familiar with his name, but I don't know what 2 the exhibits with this witness that were not 3 his initials were. 3 produced prior to the deposition. They were 4 Q. Okay. I'd like to go back to Exhibit 4 requested in discovery requests served in 2008 5 12 for just a moment. And at the bottom of 5 and follow-up letters were sent, and as 6 that is there also a last name typed at the 6 recently as last week, asking that all 7 bottom of that document? 7 documents be produced prior to the deposition. 8 A. Yes. It's Dorstewits or Dorstewitz 8 Only a small portion of them were, 9 D-o-r-s-t-e-w-i-t and I don't know what the 9 those that were used with the deposition of .0 last initial is. L0 Mr. Holtshouser last week and I want to object 11 Q. I assume it's not a name that you're 1 to the use of all other documents in this 12 familiar with? L2 deposition. Thank you. 13 A. I'm not familiar with that name. 3 BY MR. JOHNSON: 14 (Plaintiff's Exhibit 15 4 Q. In your position with the records 15 was marked for identification.) 5 center and the records retention policy, Miss 16 BY MR. JOHNSON: 6 Snowball, do you have any responsibility in 17 Q. Showing you Plaintiffs Exhibit 15, 7 formulating those policies and procedures or 18 which indicates at the top a heading 8 is your position limited to administering 19 Industrial Products Notification of Stock 9 them? 20 Change, and ask if you would look at that and 0 A. I helped to formulate them. 21 see if you can identify that document or 1 Q. And did that begin going back to 22 authenticate that document? 2 1987? Did you help formulate at that time? I 23 A. I can't authenticate this as a 3 mean, is that something that's been a constant 24 Goodyear document, no. 4 job responsibility in that position that 25 Q. Okay. 5 you've held when you've held it since 1987? Page 74 Page 76 1 (Plaintiffs Exhibit 16 1 A. Yes. 2 was marked for identification.) 2 Q. Did you have any particular training 3 BY MR. JOHNSON: 3 in records retention policies? 4 Q. Okay. Plaintiff's 16 indicates at 4 A. Yes. When I took the position in 5 the top I believe the heading says 5 1984 in -- well, in 1987 and took over 6 Confirmation of Change in Industrial Products 6 responsibility for the record center and the 7 Specifications. And again ask you to review 7 record retention program, I joined the 8 that document, tell me if you can authenticate 8 Association of Records Managers and 9 it. 9 Administrators. And was active in the local L0 A. No, I cannot authenticate that as a 10 chapter and went to the international 11 Goodyear Tire & Rubber Company document. 11 conferences to continue my education in regard 12 MR. JOHNSON: Okay. If I could 12 to being able to carry out those functions. 13 have just a moment to look over my notes I 13 In 199 -- it was in the '90s, 14 think we're about finished. 14 early '90s I obtained a certified records 15 MR. TAGGART: Sure. 15 managers certification from the Institute of 16 (Break had.) 16 Certified Records Managers and it was a pretty 17 MR. JOHNSON: Just a couple more 17 rigorous test. You had to have so many years 18 questions, Miss Snowball. 18 of experience in the field of records 19 BY MR. JOHNSON: 19 management and then continuing education to 20 Q. Part of your job -- 20 keep that certificate valid. So, yes, I did 21 MS. WELSH: Brent, this is 21 have training on it. 22 Rosemary. Before you get started again, could 22 Q. Okay. Do you continue to have that 23 I have a moment to put an objection on the 23 certification? 24 record? 24 A. No. 25 MR. JOHNSON: Okay. 25 Q. Okay. When did you last have it? 19 (Pages 73 to 76) Page 77 Page 79 1 A. It would have lapsed in 2004 I 1 And then that is sent back to me. 2 believe. 2 I review that, sign off on it. We have 3 Q. Have you been a member of any other 3 someone from the law department sign off on 4 professional organizations related to your job 4 it. If there is intellectual property 5 responsibilities at Goodyear? 5 involved, someone from the patent and 6 A. I have been from time to time a 6 trademark or intellectual property department 7 member of AIIM, the Association of Image 7 signs off on it. If there are tax issues or 8 Managers -- Information and Image Managers. 8 financial issues, we may have the tax 9 Q. And what was the previous association 9 department sign off on it. L0 that you had the certification from? L0 And then at that point in time 11 A. Institute of Certified Records 11 those records that have been marked for 12 Managers. L2 destruction are updated in our database and a 13 Q. Okay. Did either or both of those 13 pick list is produced. Record center 14 associations provide publications to its 14 personnel then pull those boxes. They scan 15 members? 15 the bar codes, they check it against the 16 A. AIIM did. ICRM was just a newsletter 16 original pick list and then they are -- those 17 to the members. 17 documents or those boxes are destroyed. The 18 Q. Did you ever hold any leadership 18 documents in the boxes are destroyed. 19 positions in either organization? 19 Q. Now, explain for me what you were 20 A. In the Assoc -- in the ARMA, 20 referring to when you said that the database 21 Association of Records Managers and 21 was -- there was a step involving the 22 Administrators I was president of the local 22 database. 23 chapter and held various positions on the 23 A. Well, the database has -- one of the 24 board. 24 fields is a review for destruction date. So 2 5 Q. Okay. Are you familiar with any type 25 at the point in time, usually on a yearly Page 78 Page 80 1 of standards that records custodians are to 1 basis, when those are eligible for destruction 2 follow that are generally accepted by either 2 that destruction notification is published and 3 or both of these organizations? 3 it is given to the departments. When the 4 MR. TAGGART: Objection. Go 4 information comes back to us, we update the 5 ahead. 5 database as far as those records that can be 6 THE WITNESS: No. 6 destroyed and it creates a list for us to pull 7 BY MR. JOHNSON: 7 those boxes. Did that answer your question? 8 Q. Now, if records were destroyed after 8 I'm not -- 9 they were in your custody at the record 9 Q. Yes, ma'am. L0 center, what steps would be involved in the L0 A. Okay. 11 destruction? I think you might have said 1 Q. I believe you told me earlier that 12 earlier that they were returned to the L2 you're not involved in records retention for a 13 department; is that correct? 3 database, correct? 14 A. No, that's not correct. 4 MR. TAGGART: Objection. Go 15 Q. Okay. What steps would be taken? 5 ahead. 16 A. When records are eligible for 6 THE WITNESS: I'm not sure what 17 destruction -- for review for destruction, 7 the question is. 18 there is a destruction or discard notification 8 BY MR. JOHNSON: 19 sent to the owner of the documents, that would 9 Q. Okay. Well, I think I was asking you 20 be the department manager, with instructions 0 earlier in addition to written documents that 21 that they should review the listing and 1 would be in storage and retention at the 22 determine if any of the records are on a 2 record center that if there were other data 23 litigation hold or subject to audit or any 3 that would be retained in electronic database 24 other kind of hold and designate those which 4 and I think you told me that either you didn't 25 are eligible for destruction. 25 know or that was outside of your area? 20 (Pages 77 to 80) Page 81 1 A. If you're talking about electronic 2 records, that is outside of my scope of 3 responsibility. 4 Q. I just wanted to make sure I 5 understood that earlier. Thank you. 6 The -- is there a permanent record 7 kept based on the bar code and the destruction 8 date of the fact that the written records were 9 destroyed? 0 A. The disposal requests are kept 1 permanently, yes. 2 MR. JOHNSON: Okay. That's all I 3 have. Thank you. 4 MR. TAGGART: The witness will 5 read and sign. 6 THE WITNESS: Uh-huh. 7 MR. TAGGART: Thank you. 8 --9 (Deposition concluded at 11:05 o'clock a.m.) 0 --1 2 3 4 5 Page 82 I, LINDA A. SNOWBALL, do verify that I have read this transcript consisting of eighty-three (83) pages and that the questions and answers herein are true and correct with corrections as noted on the errata sheet. Linda A. Snowball Sworn to before me,----------------a Notary Public in and for the State of -----------, this--------day of --------------- , 2009. Notary Public in and for the State of------------------. My commission expires -------------- Page 83 LINDA A. SNOWBALL -Page-|-Line-|---------------------------------- C ERTIF I C ATE STATE OF OHIO, ) ) SS: SUMMIT COUNTY. ) I, Lori K. Phillips, RMR and Notary Public within and for the State of Ohio, duly commissioned and qualified, do hereby certify that the within named witness, LINDA A. SNOWBALL, was by me first duly sworn to testify the truth, the whole truth and nothing but the truth in the cause aforesaid; that the testimony then given by the witness was by me reduced to Stenotypy in the presence of said witness, afterwards transcribed upon a computer; and that the foregoing is a true and correct transcription of the testimony so given by the witness as aforesaid. I do further certify that this deposition was taken at the time and place in the foregoing caption specified, and was completed without adjournment. I do further certify that I am not a relative, employee of or attorney for any of the parties in the above-captioned action; I am not a relative or employee of an attorney of any of the parties in the above-captioned action; I am not financially interested in the action; and I am not, nor is the court reporting firm with which I am affiliated, under a contract as defined in Civil Rule 28(D). IN WITNESS HEREOF, I have hereunto set my hand and affixed my seal of office at Akron, Ohio on this 12th day of February, 2009. Page 84 Lori K. Phillips, RMR and Notary Public in and for the State of Ohio. My Commission expires December 2, 2010. 21 (Pages 81 to 84) Page 85 A able 62:17 64:14 76:12 above-captioned 84:14 84:15 accept 25:16,18 accepted 78:2 access 36:18 37:13,15 37:16 42:4,7,15,18 43:1,19,20 47:9,16 47:24 48:17 accession 27:17 28:5,6 action 84:14,16,16 active 76:9 ad 59:23 60:3 addition 24:11 80:20 address 5:17,21 58:22 adjournment 84:12 administering 75:18 Administrators 76:9 77:22 advice 23:20 advise 37:11 advising 23:3,7 affidavit 38:4 affiliated 84:17 affixed 84:19 aforesaid 84:7,10 age 5:2 ago 56:9 agreement 52:2,7,19 agreements 51:20 Ah 9:3 52:8 54:6 56:18 ahead 19:10 21:8 23:10 24:25 30:4,21 32:22 33:16 40:17 41:7 47:12 49:15 53:13 60:22 63:5 78:5 80:15 AIIM 77:7,16 air 28:23 44:14,17,22 44:25 45:14 47:1,1,5 56:22 57:1,15 Akron 1:18,21 5:23 8:21 18:17 23:18,25 24:6 51:14 52:1,10 54:5,16 55:3,5,10,14 64:21 65:14 68:13 84:20 al 1:7 allow 58:16 allowing 36:23 allows 10:3 Althouse 70:4,9 analysts 10:13,14 Angeles 64:21 Anita 14:17 Ann 5:9 6:2 answer 16:16 38:17 80:7 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10:15 17:2 bottom 61:13 62:24 64:9,20 65:2,14,25 66:16 67:4 71:21 72:14,15,22 73:5,7 box 2:5,11,15,20 25:18 26:16 27:9,14,18,19 27:23,24 28:1,8 29:20,22,23 33:19,20 33:24 34:6,11,15 35:18,21 36:5,10 37:15,18 42:22 43:10 boxes 26:15,18,18 27:5 27:8 29:11,18 30:6,8 30:17 31:5,14,15,16 34:21 54:24 79:14,17 79:18 80:7 Boyazis 11:7,9,10 break 44:8,10 74:16 Brent 2:10 58:4 59:16 74:21 briefly 5:13 brochures 50:14 building 3:3,14 8:16 26:21,25 27:2 business 40:22 B-o-g-g-s 32:2 B-o-y-a-z-i-s 11:7 C C 2:10 84:1,1 cabinets 54:25 55:1 California 64:22 call 23:19,22 called 1:11 37:24 39:14 calls 23:23 24:3 capacity 11:6 38:11 46:8 caption 84:12 carbon 70:10 carry 76:12 case 1:6 5:12 38:9 44:20,23 45:1,4,6 46:23 47:2,6 cases 37:9 Castora 14:17,18 catalog 59:22,25 60:22 cause 84:7 center 11:2,25 12:3,20 12:24 13:2 14:5,13 14:16 25:10,17,21,24 26:1,7,14 27:7 28:3,5 29:18 30:8,19 31:6 31:18,24 32:11 33:3 33:13,19,22 34:12,14 35:5,15,18,19,20 36:19 37:22 38:1,5,7 39:10,16,21 41:14,20 42:3,6 43:24 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28:12 exclusive 20:12 excuse 8:9 32:25 executive 10:1 exercise 61:25 exhibit 4:2,3,4,5,6,7,8 4:9,10,11,12,13,14 4:15,16,17,18 57:20 57:21 58:4 59:5,6 60:13 61:12 62:13,17 62:19 63:9 64:8,9,11 64:15 65:4,7,17,18 66:6,7,11 67:11,12 67:24 68:4,20,24 69:14,17 70:17,21 71:11,14 72:8,11 73:4,14,17 74:1 exhibits 75:2 existing 35:13 experience 76:18 expires 82:19 84:24 explain 11:22 28:2 79:19 extent 39:3 E-Mail 1:23 E.W 70:11 F F 84:1 facilities 18:14,25 19:3 19:8,17 55:25 56:5 56:16 57:1 facility 19:23 20:1 57:6 57:16 fact 38:5 59:11 69:10 81:8 factors 26:5 58:15 fading 6:12 fairly 60:4 fall 14:24 28:21 56:18 Falls 56:8 familiar 49:19 50:2 62:24 63:18 70:9,12 72:24,25 73:2,12,13 77:25 far 29:15 31:13 56:20 80:5 FAX 1:23 February 1:19 84:20 Page 87 feet 26:21,21 field 76:18 fields 79:24 file 21:14 files 21:20,22 fill 33:20 filled 28:17 filling 41:1 fills 28:5 financial 79:8 financially 84:16 find 37:2 fine 58:10 60:8 61:23 62:12 finished 74:14 firm 84:17 first 5:3 60:21 63:9 84:6 FirstMerit 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