Document 4aoqqaGd2Xqdgk6Q2q1ZDmMea

1 UNITED STAGES DISTRICT COURT 2 DISTRICT OF MASSACHUSETTS 3 ALICE X>* WARSmt ADMINISTRATRIX > 4 OF THE ESTATE OF COHN H. WARREN, > DECEASED, ) 5 Plaintiff, > ) 6 v* ) ) Civil Action 7 ) No, 89-30201-F THE DOW CHEMICAL COMPANY, ) 8 THE B.F. GOODRICH COMPART, UNION CARBIDE COMPANY, AND ) ) 0 CONTINENTAL OIL COMPANY, ) ID Defendants. ) ) n 12 DEPOSITION OF ANNA M. CLARK 13 TAKEN BY KEITH A, MINOFF ON BEHALF OF THE PLAINTIFF 14 MAY 23, 1991 15 16 17 18 10 REPORTED BY LAURA LYNN MURPHY 20 REGISTERED PROFESSIONAL REPORTER - CERTIFICATE OF MERIT CERTIFIED SHORTHAND REPORTER 21 22 23 <314) 231-2202 24 25 RANKIN REPORTING & LEGAL VIDEO RSV0022524 1 UNITED STATES DISTRICT COURT 2 DISTRICT OR MASSACHUSETTS 3 ALICE L. WARREN, ADMINISTRATRIX ) 4 OR THE ESTATE OF COHN 3* WARREN,) DECEASED, ) 5 Plaintiff, ) ) 6 v# ) ) Civil Action 7 THE DOW CHEMICAL COMPANY, ) NO. 89-30201-F ) 8 ms B.P. GOODRICH COMPANY, UNION CARS IDE COMPANY, AND ) ) 9 CONTINENTAL OIL COMPANY, ) > 10 Defendants. ) 11 12 DEPOSITION OF ANNA M CLARK, produced, sworn and 13 examined on behalf of the Plaintiff on the 23d day of May, 14 1991, between the hours of 8 o'clock in the forenoon and 6 15 o'clock in the afternoon of that day at the offices of 16 MONSANTO CHEMICAL COMPANY, SOU H Lindbergh Boulevard in the 17 County of St. Louis, State of Missouri, before Laura Lynn 18 Murphy, a Registered Professional Reporter - Certificate of 19 Merit, a Certified Shorthand Reporter and a Rotary Public 20 within and for the State of Missouri, in a cause pending 21 wherein Alice L. Warren is the Plaintiff and The Dow 22 chemical Company, The B.P. Goodrich Company, Union Carbide 23 Company and continental Oil Company ere the Defendants, 24 25 RANKIN REPORTING & LEGAL VIDEO 2 RSV0022525 1 APPBASASC2S 2 3 ROBINSON, DONOVAW, MADDEN & BARRY, P,,C, for tb* Plaintiff 1500 Main Street, Suite 1400 4 Post Office Box 15609 Springfield, Massachusetts 01115 5 By* Keith A* Mineff 6 mblick 6 PORTER 7 One uoy Street Boston, Massachusetts 02108 8 By* Robert p, Powers for the witness 9 nutter, mctmmm & pish 70 One international Place Boston, Massachusetts 02110-2699 11 By* Susan L. Parsons n MORRISON, MAHONEY & MILLER 13 250 Summer Street Boston, Massachusetts 02210 14 By* Joseph B. Rendini for the Defendants Union Carbide Company# The Bow Chemical Company & Conoco for the Defendant The B*P Goodrich Company IS 16 17 ANNA M. CLARK INDEX PACE NO, 18 DIRECT EXAMINATION BY MR, MINGFF CROSS-EXAMINATION BY MS* PARSONS 19 4 25 20 EXHIBITS 21 PLAINTIFF'S DEPOSITION NO. 22 3 Document Attorney Work Product dated 910S17 1 Document Attorney Work Product dated 910517 23 with highlighted areas 15 * 15 24 * marked in a prior deposition 25 RANKIN REPORTING & LEGAL VIDEO 3 RSV0022526 X STIPULATION 2 IT IS HEREBY STIPULATED AND AGREED, by and between 3 counsel foe the parties that this deposition say be taken in 4 shorthand by Laura Lynn Murphy* RPR-CM, eSR, and afterwards S transcribed into print and signature by the witness is 4 waived* 7 ANNA . CLARK/ 3 of lawful age| being first duly sworn to tell the truth* the 9 whole truth and nothing but the truth# deposes and says in 3.0 behalf of the Plaintiff# as follows* XX MS. PARSONSi Before we begin# I just want to 12 note that I have a general objection to this deposition 13 going forward on the basis that it has not been noticed and 14 I have not had an opportunity to prepare for this deposition XS or to talk to my client about the matters that have arisen. 13 However* subject to that objection, I think I will not 17 object to specific area of questioning by Mr. Minoff unless* 18 of course* the question is asked in a way that it raises an 10 objection* 20 However, the areas that we have agreed on are as 21 follow*;# and correct me it X*m wrong here* That would be we 22 will be discussing one document which has been marked 23 Exhibit 3 at Mr. Pratte's deposition. The topic areas will 24 be as follower the means by which the computer printout was 25 generated* the destruction of the contract to which the RAWS It# REPORTING & LEGAL VIDEO 4 RSV0022527 1 computer printout rulers# the interpretation of the codes in 2 the computer printout# the search that was conducted by Miss 3 Clark on the computer to locate the document# Miss Clark's 4 conversation with Mr. Pratte when he asked her to locat 5 this information# Am x missing anything# Keith? 6 MR. MlHOFF: The destruction of the document# 7 did you mention that? 8 MS. PARSONS* Yeah# I did* 9 MR. MIN0FF* It sounds complete to me. 10 MS. PARSONSt Okay. 11 MR. MINOFFt if I stray# let me know. Again 12 I1 not sure exactly what she's going to say in answer to 13 some of these questions so we may get into some gray areas 14 but we'll just handle those as they happen. IS MR. REKDINI* bet me state for the record I 16 join in Miss Parsons' general objection and agree to the 17 general deposition of Miss Clark on the same terms as Miss 18 Parsons has stated. 19 MS. PARSONS* I just wanted to note my 20 objection. 21 MR. POWERS* The only other point that I would 22 like to make with respect to the areas of inquiry is that 23 there are other documents in the vault that involve vinyl 24 chloride monomer. They do not have anything to do with the 25 purchase or sale of the supply of vinyl chloride monomer and RANKIN REPORTING fi LEGAL VIDEO 5 RSV0022528 1 to the extent th t you ask qu stlons about those other 2 docamenta, 1*11 -- i*o going to direct her not to answer * 3 MR, MINOR?: Okay* So you will represent that 4 those other vinyl chloride documents deal only with vinyl 5 chloride that was manufactured by Monsanto, Is that a fair 6 statement? 7 MR. POWERSi You can stake inquiry of her as to 8 whether or not there any other documents in the vault pertaining to the sale, supply of vinyl chloride monomer at 10 Indian Orchard. But beyond that# there are documents in the 11 vault that contain proprietary information# I'm making you 12 aware that they exist* You can ask her if there are any 13 documents that pertain to the supply. But beyond that, I. 14 mean if you start getting into the nature of these other 15 documents, I'm going to direct her not to answer U direct examination 17 BY MR. MINOR?t 18 0# Why 4on*t we start. Miss Clark, by telling us your 19 full name? 20 A, Anna Marie Clark. 21 MR# MINOFF: Same stipulations as far as 22 objections being reserved for trial and motions to strike. 23 And also the reading and signing of the deposition, is that 24 going to be waived or reserved? 25 MR# POWERSi That'S fine. RANKIN REPORTING & LEGAL VIDEO 6 RSV0022529 1 MS* PARSONSt Same stipulations in Mr* 2 Pratte's deposition* 3 MR* remdini* Same stipulations. 4 Q. (SX MR* MIROFF) What is your heme address* Miss 5 Clark? 6 A* 207 River Bend Drive* 7 Q And what's your date of birth? 8 A* Chesterfield, 7/14/35* 0 Q I'm sorry, what town did you live there? 10 A. chesterfield* 11 0* Chesterfield? 12 A. Missouri* . 13 Q, Missouri* And where do you presently work? 14 A. x work for Monsanto Company* 1$ Q. In St. Louis? 16 A* in St. Louis* 17 Q. And what i your job title with them? 18 A. I'a an archive librarian for the law department. 1$ 0* And how long have you been so employed? 20 A* I have been involved with this job for four years. 21 X have been a permanent Monsanto employee for a year* 22 0. Can you explain to me how that worked? 23 A* X was a contract employee through another agency 24 for three years on this job before I was given a permanent 25 position* RAHKIN REPORTING & LEGAL VIDEO 7 RSV0022530 X <1* okay* Aiwa was that the first tie that yea ever a worked for Monsanto as an independent eontractor or an 3 employee? 4 A* I had worked for three years prior to that on other 5 projects as a temporary employee* 6 Q* such as what? 7 A* Such as X had a clerk position* 8 0* is that also in the legal department? 8 A* Yes * 10 0. And did that position have anything to do with H managing records or other documents contained in the ! 12 archives? '. 13 A. Ho, X did not deal with -- X dealt with documents, 14 I did not manage the archive. IS <3* And is that what you do now* you manage the 18 archives? 17 A* Yea* 18 Q. And does anybody do that with you or are you the 19 only person who does that? 20 A. x do it by myself. 21 Q. And you do that for the legal department of 22 Monsanto? 23 A. Yes. 24 Q< And these archives that you manage, are they as specific to the legal department or do they also encompass RANKIN REPORTING & LEGAL VIDEO 8 RSV0022531 X archives involving other pacts of Monsanto? 2 A. they encompass the law department and other parts 3 of Monsanto, Basically they're documents that have been 4 sent there to be kept# original documents. 5 0* Are there other archives that you don't have $ anything to do with? 7 A. I personally don't know of archives. 8 Q. You don't know of any other archives other than 9 those that you manage? 19 A. that's right* 11 0. And what types of things are contained in these 12 archives# just the broad categories of things? 13 A. There are corporate documents# there are contracts# 14 agreements, confidentiality agreements, real estate 15 agreements. 18 Q Personnel records or is that kept somewhere else? 1? A. Those are kept somewhere# very few. There might be IS a confidentiality agreement with a person but basically we 19 don't ~~ I don't have those agreements there. 20 Q. What about shipping documents, purchase orders and 21 invoices, that kind of thing? 22 A* There might be specific purchase orders for a 23 specific -- a product but that's not normally what is sent 24 there. X have very few purchase orders* If it's purchase 25 order, it's for something maybe -- maybe large, not a gallon RANKIN REPORTING & LEGAL VIDEO RSV0022532 I of paint or ~- a 0* And where are these archives physically located? 3 A# They're physically located in the north wing of c 4 building on the first floor, 5 Q' And where do you work? 6 A* x work in the vault, 1 0, In the vault* itself? 8 A, Eight, 9 0. And by vault, you*re not talking to me about like a a 10 bank vault* what we would picture a vault to be. But it's a 11 locked, secured area? 12 A. Yes, it has a combination lock, 13 Q. Okay. And are the materials in the archives 14 organised in some way that they can be retrieved in an 15 efficient manner? 16 A, Yes, 17 Q. Okay, Are they computerised? 18 A, Yes, 19 0* Okay. And do you happen to know what kind of 20 software is used in that system? 21 A. It's Basis, 22 Q. It's called Basis? 23 A, It's Basis. 24 0* is that a system that anyone can buy on the street 25 or is that something that Monsanto developed on its own? RANKIN REPORTING & LEGAL VIDEO 10 RSVQ022533 A* I can't tell yon that, X don't know* 0* And when a document cornea to the archives to be put in the archives, what kind of process takes place to enter that document into the computer system? A. i read -- X reed the document at the present time. Documents coming to the vault, new documents coming to the vault, come with a transmittal sheet and z -- they're -** they ask for specific information which I then enter on into a file which is then loaded onto the data base. Q. And would this be coming from someone in the legal department necessarily? A* Most of them come -- originate in an --- from an attorney's office. Q. What about contracts, those are -- some of the documents that you handle are contracts, correct? A. Right. Q* Would those always come from the legal department? A, Most of the time they come from the responsible attorney# Q# Okay. And you said there was a transmittal sheet that was normally attached to the document. A* that's for new documents that are coming in now. Q. Okay. And would those sheets contain a narrative describing what the document was so you could input the information on the system? RANKIN REPORTING 6 LEGAL VIDEO 11 RSV0022534 1 A* a Q Okay* Bo you wouldn't have to, in other words, 3 review the document yourself or look at the title of the 4 document to determine what had to be input? 5 A, X do look at the document myself. Most of the time $ I expound on the narrative* 1 look for specific information 1 that I think is important and should be included. S Q* When the document is a contract or agreement, what 9 kind of information is important to you as far as inputting 10 into the system? U A. Important for my purposes, the important / 12 information would be the --- the companies, the date of the 13 agreement, what the contract was for, the term of the 14 agreement, any special provisions that someone might be 15 interested in if they were to look on the data base without 16 going to the contract, itself* 17 Q* Miss Clark, last week you had a conversation with a 18 gentleman named Charles Pratte. 10 A* yes, 20 G* is that right? And what was said during the course 21 of that conversation? 22 A* I had a reguest that he wanted to know if there 23 were any contracts in the vault for the supply of vinyl 24 chloride to Monsanto* 1 don't remember exactly how it was 25 worded# whether he asked if there was any company besides RAHXIN REPORTING S LEGAL VIDEO 12 RSV0022535 X Cow that supplied but X told him that X would loot* 2 Q* Did he restrict his request to a specific time 3 period as during certain period of years? 4 a* x believe he said it was -- it was in the late *8Os 3 was the -- was the time when there was -- probably was the 6 date that there would be a contract* 7 Do you recall if he said he was looking 8 specifically for a Dow contract as opposed to, say, any 9 Contract that might exist regarding vinyl chloride? 10 A* That I don't U MR# RENDINI* Objection. 12 MS. PARSONS: Objection. 13 0* {B? MR. MIEOFF) Did you have just one conversation 14 with Mr* Pratt? 15 A* The first conversation was actually he was standing 1$ next to a secretary who was relating his questions to me. 17 When I - so I really only had one conversation with him 18 when I talked specifically to him and that was after I had 19 done the search. 20 Q* And what did you do to do the search? 21 A. The first *- probably the first thing I did was 22 look in the product field. There are codes for products 23 that we made up. 24 Q. So what fields did you search? 25 A. I searched the product field. RANKIN REPORTING & LEGAD VIDEO 13 RSV0022536 X $ For what product? a a. For vinyl chloride* 3 Q. Old you use any other word to describe vinyl 4 chloride -- 5 A* so. 6 0, -- such as the abbreviation VC? 7 A* That's how X searched the data base* i had to 8 search on the code in the product field, I also did a 9 search in the narrative field* XO 0* And how do you do that? 11 A. I had a search on two words, vinyl and chloride, 13 and combined the two, 13 0* And is that all you did to do the search? Is that 14 all the information that you put into the computer, that is 15 product field and narrative field looking for vinyl 16 chloride? 17 A, That was my initial -- that was the search, 18 Q Okay* And how many documents did you come up with 19 on that initial search? 20 A. I don't remember an exact number but it was -- I 21 would say it was under 20* 22 0. Old you print out the information about those 23 documents? 24 A. x looked at them on my screen, 25 Q. okay. Old you then speak to Hr* Pratt about what RANKIN REPORTING & LEGAL VIDEO 14 RSV0022537 1 you had found? 2 A* X 3poke to him and told him what X had# you# X did. 3 Q* And what did ha say to you? 4 A. Ha -- x think it confirmed what he knew -- what he 5 said he knew that -** that that was what would be -- that $ that was the supplier Dow* I told him I had *-> that the 7 documents had been destroyed. X said I could send him a 3 printout of what had been in the vault and he asked me to do 9 that. He said that would be helpful and that is this. ID Q* That is the document that I've put in front of you? XX A. Right, that's this# this is the printout. X2 Q* The same document that we've already marked as X3 Exhibit No. 3 to Mr. Pratte's deposition earlier today? 14 A. yes# yes. The markings on this are my markings. IS Q. You highlighted certain things that t can't see -- IS a. Yes# i highlighted, 17 Q, -- on this copy but maybe we should mark this as a 18 separate exhibit so we can talk about those a little bit. 19 (Plaintiff's Exhibit No. 1 la marked.) 20 Q Okay. Miss Clark# I'm shewing you this again. 21 This is Clark Exhibit No. 1 and this is the printout that 22 you gave to Mr. Pratto, correct? 23 A* That's right. 24 Q. And this printout describes four documents# 25 correct? RANKIN REPORTING & IiBGAL VIDEO 15 RSV0022538 1 A. That*a right* 2 MS, PARSONS{ Objection. 3 0. (B MR* MIHOPF) And you said earlier that when you 4 did your first search* you came up with about 26 documents, 5 is that right* you saw 20 documents on your screen? A* That was in -- 7 MR. RENDINXs Objection, 3 M3* PARSONS* Objection, 9 0* (BP MR, mxnofp) Go ahead, you can answer* 10 A, That was in ray -- in response to ray search for 11 vinyl chloride in the product field and in the narrativ 12 field, 13 Q, okay. Why did you print out these four items as 14 opposed to any of the other items that you found in your IS initial search? 16 A. The request to me was to locate documents that had 17 to do with the purchase of vinyl chloride by Monsanto. 18 These were the only four documents that answered that 19 question* 20 Q* Okay, without going into any detail about the 21 content of the documents that you chose not to list here, 22 what was it about those documents that -- start over with 23 the same preamble but what did those documents deal with? 24 A, They didn't deal with the sale and purchase and X 2S eliminated them* RANKIN REPORTING & LEGAL VIDEO 16 RSV0022539 X Q. They dealt with vinyl chloride but nut the sale and 2 purchase? 3 A. That's right* 4 0* Bid they deal in any way with the acquisition 5 whether by some other means other than purchase by Monsanto 6 of vinyl chloride? 7 A * HO 8 0* Gfcay* How# X just need some explanation as to some 9 of theso codes. 10 A* Sure# 11 Q. loot at Item Ho* 1. it says effective date and 12 then we have a series of eight Has,# 19660913. Does that 13 correspond to a date of September 13# 1966? 14 A. That's right. IS Q. So then, for example# the expiration date would be 16 December 31# 1978? 17 A. That's right* 18 MS. PARSONS* Objection. 19 MR. RENDINIt Objection. 20 Q (BX MR. MINGFP) Xn each case where there's a date# 21 the first four numbers would indicate a year; is that right? 22 A. That's right. 23 Q. And the next four -- did X say numbers or letters? 24 The next four numbers would indicate the month and day of 25 the month? RANKIN REPORTING 6 DEGAti VIDEO 17 RSV0022540 1 A* That's right. 2 Q. With respect to Item No. 1. is theirs any indication 3 there as to when this information was input into the system? 4 A# There isn't any indication on this printout. 5 0# Okay# Do you know when it was input? $ A# X would say it was probably input in 1987* 7 Q* And why do you say that? 8 A* Based on the number of the document# 9 Q. The number being the 005858? 10 A. That's right* 11 Q* And what is it about that number that leads you to 12 believe it was entered in 1987? 13 A. We numbered documents sequentially as we were 14 working on them and -- and l would say that in 1987* we were IS probably inputting documents in the 5*0000* 16 Q. Do you keep some kind of log in the archives which 17 would reflect the document number and when that document was 13 first entered into the system? 19 A. 1 could get you that information* 20 Q* That would be on the computer# would it not? 21 A* That* right* 22 Q* Is it fair to say* ma'am* that these four documents 23 were all input into the system one right after another? 24 rn. PARSONS: Objection. 25 MR* REKOIHIt Objection. RANKIN REPORTING 6 LEGAL VIDEO 18 RSV0022541 1 Q. (Bt MR. Mlhoff) Iff that right? 2 td$* PARSONS* Objection. 3 WITNESS* That's right. 4 Q. (BY NR. MINGFF) Because of the document numbers? 5 m. parsonsi Objection. 6 WITNESS* That's right. 7 Q. (BY NR. MINOFF) And that all would have taken e place as best you can determine in 1987? 9 MS. PARSONS * Objection. 10 Q. (BY R. MINOFF) la that right? 11 A. That's right. 12 0* Now/ were you working in the archives in 1987? 13 A. Yea* 14 0. And did you do the inputting of documents? 25 A. Yes. 1$ 0. Bo you know whether it was you that input the 17 information contained on Exhibit No. 1? 18 A. In all probability it was I was the one that did 19 it. 20 Q. Okay* And I noticed on each of these/ it says 21 reviewing attorney and there's a name there. Is it Samford, 22 S~a**i--o-*r-d / DA? Who is that* do you know? 23 A. That he's the responsible attorney for Monsanto 24 purchasing contracts and *-- well, he's the responsible 25 attorney for Monsanto purchasing contracts. And I sent hi RANKIN REPORTING & LEGAL VIDEO 19 RSV0022542 X these documents, I sent him a printout of these documents 2 to review* 3 Q. Shortly after you got them? 4 A* No, in December of 1990* $ Q. When they were destroyed or when they were about to 4 be destroyed? 7 A* I don't make the decision to destroy documents* 5 Q. Sure. 0 A. X sent printouts to attorneys based on several 10 things but one of them in this case would be the date of the 11 contract, the original date of the contract, which was 1956 12 which suggests that unless it*s evergreen contract, that it 13 could be reviewed for either -- that it could be reviewed. 14 Q. is that because it's 25 years old or is there some 15 amount of time by which certain documents are normally 15 destroyed? 17 A. Yes. 18 MS. PARSONS* Objection. 10 Q. (BY hr. MINOFF) And this these agreements, does 20 Monsanto have a policy as to how many years those are kept 21 before they are destroyed? 22 A. Yes, there's a record retention schedule I believe. 23 0, And do you know how many years these documents are 24 to be kept according to that schedule? 25 MS, PARSONSt Objection. RAMIN REPORTING & LEGAL VIDEO 20 RSV0022543 I WITNESS* X can't tall you for auto boo many 2 bow many years they should be kept after they * re -- after 3 they have expired. It would depend on what the contract was 4 for and I believe what the dollar amount is for* But z 5 would have no way of knowing which -- which parameters this 6 contract met. I did not make decisions on destroying them* 7 0* {By ME. MINGFF) But you sent information about $ these four documents to Mr* Samford in December of 1990? 0 A. Yes. 10 0* And what prompted you to do that? 11 A. Part of my job is to see that records are reviewed 12 on a regular basis. And I do searches based on years* how 13 long a document has been there. It1a -- I need to make the 14 decisions as to what will be reviewed and I set up my own 13 parameters on -- on what*s going to be reviewed when* 16 Q. And this is something that you do on a periodic 17 basis? 13 A, It's an ongoing process. 19 Q. Is it something that you do everyday? 20 A. Everyday* 21 Q. And were there other documents that aren't on this 22 sheet that you also sent to Mr* Samford around the same time 23 or at the same time if you remember? 24 A. It was -- these were four documents out of -- well, 25 there were more documents on there but they all had to do -- SANKIN REPORTING & LEGAL VIDEO 21 RSV0022544 X they were ell involved with Mr# Sanford's area and I believe 2 they were all fro the same time frame. 3 Q. okay. And did you send them to him with a request 4 or a question can these be destroyed or should they be 5 retained? 6 A. There is a form that goes out with it. 7 Q. So he just checks the boa, so to speak, as to 8 whether or not be wants to retain them or destroy them? 9 A* Yes. 10 Q. And in this case, he ordered that as to these four 11 documents that they be destroyed? 12 MS. PARSONS* Objection. 13 WITNESS* That`s right. 14 Q, {BY MR. M1NOFF) Okay. And you got the form back 15 from him -16 MS. PARSONS* Objection. 17 Q. (BY MR. MINOFF) -- with that indication on it? 18 MS* PARSONSt Objection. 19 WITNESS* That*a right. 20 Q* (BY MR. MIMOPP) And what did you do to see that 21 those documents were destroyed? 22 A. I, first of all, did the computer work. 23 Q, What kind of computer work? 24 A. What you see on there, the reviewing attorney, DA 25 Samford, this -- the storage information which is two RASKIN REPORTING & DBGAL VIDEO 22 RSV0022545 l subfields, tho date that it was destroyed and what and the 2 word destroyed* 3 Q* Okay* so you just add that information to what's 4 already in the computer regarding the document? 5 A* that's right* o Q Okay* And then what did you do to carry out tho 7 order? 8 A* Then I physically removed the files from the file 8 cabinets and then x removed the documents and anything else 10 that might have been in there like a -- the original 11 forwarding sheet and 1 tore them up usually into four 12 pieces * 13 Q And you threw them in the wastebasket? 14 A* And I threw them in the -- oh, no, I threw them in 15 the -- there is a black box, what m call the black box, and 18 I threw them in there. And then that material is -- there 17 is a bag inside and that material is taken out and X. don't 18 know what happened* IS Q. That's the last you see of it? 20 A. That's right, but X do tear documents up. I don't 21 throw anything in whole* 22 Q. When you pulled the documents out, did you look at 23 them in order to confirm that they were, in fact, tho 34 documents that Mr* Samford had ordered you to destroy? 25 A* ?es * RANKIN REPORTING a LEGAL VIDEO 23 RSV0022546 X 0* And they were? 2 A, es 3 Q. when you pulled these document out, did you recall 4 having seen those when they came into the archives several 5 years before? 6 A* x wasn't there when they came In* they probably 7 came in bach in 1966* e Q. Okay* Well, when they were first entered into the 9 computer, you were there? 10 A* tea, yes, I probably -- n Q. I think you said you probably did the entries. 12 A* Ves, I probably did the entry. Based on the 13 number, I probably did the entry. 14 0 Okay. When you did the entry, did you actually 15 have to handle the document in any way? 16 A, Xes, you -- you know, you look at it because you 17 need to in order to fill out the fields, you need to look xa at the documents and to see what they say. 19 G. Okay* these documents, are they -- are copies of 20 them kept anywhere else in the company or are these the only 21 copies that the company has? 22 A. Moat of what I handle are original documents l 23 have no knowledge of other copies. 24 Q. And the archives doesn't keep more than that in its 25 file, that Is just there are no copies kept along with the RANKIN REPORTING & LEGAL VIDEO 24 RSV0022547 1 Officinal documents In the archives as a general rule? 2 A. As a general rule, that'a right# 3 Q, And as to these documents, all you found was the 4 original document? 5 A* that's right* 6 MR. MINOFP: Oh ay. I don't think I have any 7 further questions. a WITNESSj Okay. a m MlNOFFi Thank you, 10 CROSS-EXAMINATION u BY MS. PARSONS; 12 Q* X have a couple. Is it Mrs., Ms.? 13 A. Mias. 14 Q, Miss Clark, my name ia Sue Parsons and I represent 15 Dow and Onion Carbide and Conoco in this case and X just 16 have acouple questions for you* X think you referred 17 earlier that the procedure involved in the transmittal sheet 18 was a new procedure. 19 A.That's right* 20 Q. When did that procedure go Intoeffect? 21 A* 1987. 22 Q* Do you know -- I know you were estimating as to 23 when this document was inputted. Do you know whether the 24 transmittal sheet was In effect when this computer printout 25 sheet was entered in the system? RANKIN REPORTING & LEGAL VIDEO 25 RSV0022548 X A. The Computer sheet was In effect hut this document 2 would not have come with a transmittal sheet because it was 3 sent to the vault* I would say* back in 1966. 4 Q. Why do you say that? 3 A. Because it's a 1946 document, these -- S Q. Okay* Go ahead* you can finish. 7 A. This vault is a storage place for Monsanto documents and my job was to computerize the files that were 0 there already -- 10 Q. Okay. 11 A. -- plus new documents coming in. 12 0. There were other people in 1987 who entered this 13 information onto the computer* isn't that correct, besides 14 you? IS A. It started out as two people but for the year 1987* u I probably entered the bulk of the documents that were on 17 there. IB Q, Can you testify today with certainty that you were 10 the person who entered this computer information regarding 20 this contract* Bow contract? 21 A. Now* as far as I can remember I probably am. 22 Q. But you don't -- 1 guess what I'm asking* you don't 23 have any specific recollection of entering this contract 24 into the computer system? isn't that correct? 25 A. No, not specifically. RANKIN REPORTING & LEGAL VIDEO 26 RSV0022549 1 G* And there is a possibility that it could have been % done by somebody else; isn't that true? 3 A* That's true. Based on the narrative# I would say 1 4 was the one that did it. S 0. Why is that? A. Just from the style of the writing and the fact 7 that seller and buyer are in parentheses# just by the way 3 it's written 1 think 1 did it. 9 0. Nobody else uses terns in that stunner? 10 A. At that time I don't believe so. n Q. Who were the other persons who would have who f 12 could possibly have generated this document?. What are their 13 names? 14 A, I -- because the time frame# X couldn't give you IS the specific names. If I could -- if l knew when the date 16 that the document was entered on the data base# X could 17 probably tell you for aura. 10 Q. Okay. And back then# X mean thousands of documents 19 had been entered into the system? isn't that correct? You 20 were in the process of entering thousands of documents in 21 that time period? 22 A. That's right* 23 Q* And you were doing this everyday? isn't that true? 24 A. That's right. 25 G* And it was done by you and possibly one other RANKIN REPORTING & LEGAt VIDEO 27 RSV0022550 X person at the time; ien*t that correct? 2 A. That*s right, 3 Q* And it isn`t unlikely that a mistake could have 4 . been made, is it/ in terms of the numbers that you entered 5 into that computer based on what you were reading? 6 HE* KINOFF* Objection, What kind of mistake? 7 Q (BY MS. PARSONS) in other words, you could hav -- 8 16*3 possible, ia it not, that when typing in, for instance, 9 1066, that could have been a mistake in terms of what the 3.0 contract said? U A, That*a true. ia 0. And --* l*m sorry, 2*11 let you finish* 13 MR. MINGFF: Go ahead. 14 WITNESS* But if you look at the computer 15 printout, and I'm going to digress just because of what I do 16 ~~ is that all right? You probably would kick me if it's 17 wrong. IS MR, MlMQFFs That always makes lawyers nervous 10 but go ahead 20 WITNESS * Just to give you specific 21 information, if you look at the effective date of that first 22 contract and then you look at period, there seems to be a -- 23 like a 2 1/2-year discrepancy. But then if you look at the 24 second document, it*s also dated 1066 and you*re still 25 talking about the same time period so that is a correct RANKIN REPORTING & LEGAL VIDEO 28 RSV0022551 1 dat 2 Q* (By MS* PARSONS) All sight* Let's talk about the 3 narrative a little bit under Item 1. 4 A* All right* 5 Q. Okay, The way I read this, and correct me if I'm 6 wrong, is that from what you're saying is the agreement, 7 itself, was made in 1966; Is that correct? 0 MR. RENDINI* Objection. 9 Q. (ay MS* PARSONS) You can answer that. 10 A. Based on what you've told us today, is that your U interpretation of -- U A, That's right. : 13 Q* Okay* But according to the narrative, it says that 14 the option to purchase would begin in 1/1/60? is that IS correct? That would be January 1, 1969? 16 A, My understanding -- 17 MR. REND!MI* objection* is WITNESSs My understanding of an option is 10 that that's why this is an option agreement. 20 Q* (BY MS* PARSONS) Why is that? 21 A. Because they have the choice, they have this option 22 that beginning in 1969 for that 10-period they can purchase. 23 0. But getting back to my original question, I mean I 24 understand what you just said but it's not impossible that a 25 mistake could have been made in the transcription of what RANKIN REPORTING & LEGAL VIDEO 29 RSV0022552 1 the contract said and what Is entered into itj in other 2 words, the date 1966 could be incorrect and we have no way 3 of checking that today, do we? 4 A, no* But if you look at the third contract, all 5 right, it's possible but highly improbable that three dates 8 would be wrong* 7 0* These four different items refer to four different 8 documents; is that correct? 9 A, That*s true, 10 MS. PARSONS* That1ft all I have. 11 MR. RENDINI: No questions. 12 (The deposition was concluded, the exhibit was 13 retained by counsel and the signature was waived.) 14 15 16 17 18 19 20 21 22 23 24 25 RANKIN REPORTING & LEGAL VIDEO 30 RSV0022553 X STAMPS OP MISSOURI ) ) 88 2 cm op $t* louis ) 3 X, Laura Lynn Murphy, Registered Professional 4 Reporter - Certificate of Merit# Certified Shorthand 5 Reporter# Rotary Public within and for the State of $ Missouri# 00 HERESY CERTIFY that pursuant to agreement 7 between the parties the aforementioned witness came before 3 me at the time and place hereinbefore mentioned# who was by 9 me first duly sworn to tell the whole truth of her Knowledge 10 touching the matter in controversy aforesaidf that she was 11 examined on the day# between the hours and at the place in 13 that behalf aforesaid; and her examination was taken in 13 shorthand and later reduced to print; that signature by the 14 witness is waived and said deposition is herewith returned 15 and filed with the court. 15 Ill WITNESS WHEREOF, I have hereunto subscribed my 17 name and affixed my Notarial Seal this ________ ,, day 10 of _______________________ 1991. 19 My Commission Expires -July 10# 1993. 20 21 22 23 Laura Lynn Murphy# RPR-CM, csr 24 25 31 RANKIN REPORTING & LEGAL VIDEO RSV0022554