Document 6b0Z6qdokxBE7LqgwypwzK9oR
FILE NAME: OWILL DATE: 2004 July 26 DOC#: OWILL092 DOCUMENT DESCRIPTION: Legal - Affidavit of Robert Smith
STATE OF OHIO
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) SS
COUNTY OF LUCAS )
AFFIDAVIT
Robert A. Smith, being duly sworn according to law, makes the following statement in his capacity as Vice President-Global Human Resources for Owens-Illinois, Inc. ("OwensIllinois" or the "Company"):
1. My name is Robert A. Smith. I am an adult under no legal disability. 1 am the Vice President-Global Human Resources for Owens-Illinois, Inc.
2. I have been asked by lawyers representing Owens-Illinois to assist in an investigation concerning the position of Medical Director. That investigation is ongoing, particularly with regard to the operations of Owens-Illinois' subsidiaries' non-Uniled States operations. This affidavit contains the results of that investigation to date.
3. Owens-Illinois has many subsidiaries, including a subsidiary whose stock is owned by Owens-Illinois, Inc. and subsidiaries whose stock is owned by other Owens-Illinois subsidiaries. have included Owens-Illinois, Inc. and its subsidiaries in my investigation in order to be as over-inclusive as possible.
4. Dr. George N. Bates was an employee of Owens-Illinois or its corporate predecessor from March 15, 1971 to December 31, 1983, when he retired as an employee. During that period, his title was Medical Director.
5. From January l, 1984 until December 31, 2003, Dr. George Bates provided services to Owens-Illinois as an independent contractor. He was not an employee during this period of time. Dr. Bales' last contract with the Company expired on December 31,2003 and he has no ongoing relationship with the Company except as a retiree.
6. The Company did not hire a successor to Dr. Bates as Medical Director. In addition, there is no person or persons under contract with the Company, or related to the Company in any other way, whom the Company considers to be its Medical Director. There is no person with a Medical Degree ("M.D. Degree") or its foreign equivalent who currently provides advice to Owens-Illinois corporate management on medical issues. On information and belief, to the best of the Company's knowledge, there is currently no person with an M.D. Degree or its foreign equivalent who is retained by or otherwise assists the Company or its domestic subsidiaries with regulatory or statutory compliance in the United States.
7
Foreign subsidiaries of Owens-Illinois, Inc. employ the following individuals with
M.D. Degrees. Their names, employers and locations are as follows:
Luciano Salavdor Lanziliotta, Owens-Illinois do Brazil, S.A. Roberto Porta Bombonatti, Owens-Illinois do Brazil, S.A. Manida Ribeiro de Oliveira, Owens-Illinois do Brazil, S.A. Ricardo Medina, Owens-Illinois de Venezuela, S.A. Edgar Mata, Fabrica de Vidrio Los Andes
Rio De Janeiro, Brazil Sao Paulo, Brazil Sao Paulo, Brazil Los Guayos, Carabobo. Venezuel Valera, Trujillo, Venezuela
Wei Xian Fang, Wuhan Owens Glass Container Company, Inc. Guangzhou, China
Zhong Zhao Quan, Wuhan Owens Glass Container Company, Inc. Guangzhou, China
These individuals provide plant-based medical services to Owens-Illinois' subsidiaries and their respective employees. With the possible exception of the doctors in China, none of these individuals is a full-time employee of Owens-Illinois or any of its subsidiaries. None of them provide advice to the Company's corporate management.
8.
Based upon the information presently available, a domestic subsidiary of the
Company, Owens-Brockway Glass Container, inc., has ongoing relationships with the following
individuals with medical degrees to provide services to specific individual manufacturing
facilities. The names of the doctors and locations of those facilities are as follows:
James E. Devlin, M.D.
John Kimball, M.D. Robert Leeser, M.D. Marshall Trabout, M.D. L.R. Varner, M.D.
Brockway, Pennsylvania Crenshaw, Pennsylvania (2 locations) Tracy, California Charlotte, Michigan Auburn, New York Clarion, Pennsylvania
These individuals do not provide services to Owens-Illinois or its subsidiaires other than services provided to the plant with which they are associated. They provide clinical services to individual employees of Owens-Illinois' subsidiary at th facility with which they are associated. They do not provide any advice to the corporate management of Owens-Illinois. They are not employed by Owens-Illinois or any of its subsidiaries.
9, Owens-Illinois, Inc.'s Canadian subsidiary, O-I Canada Corp., has a contractual relationship with a doctor named Todd Walters from Toronto, Canada. He fulfills the role of Regional Medical Director for O-I Canada Corp., and provides medical services to two O-I Canada Corp. facilities in Ontario, Canada. With the exception of advice on the SARS outbreak in Toronto, Canada, he docs not advise the corporate management of Owens-Illinois and lie is not employed by Owens-Illinois or any of its subsidiaries.
10. Based upon information currently available, some foreign subsidiaries of the Company have relationships with the following individuals with medical degrees to provide services to individual manufacturing facilities. The names and locations of those individuals arc as follows:
Avir S.p.A. (Italy), a subsidiary of 01 Italia, S.r.l.
Vittorio Valentino
Milano, Italy
Piero Pattine
Padova, Italy
Azelio De Santa
Milano, Italy
Luigi Striuli
Padova, Italy
Mazzi Maddalena
Padova, Italy
Nicola Fabrizio
Temi, Italy
Giuseppe Mercurio
Napoli, Italy
Gaetano Carpinclii
Pavona, Italy
Mario Lalli
Pavona, Italy
Francesca Intorcia
Marsala, Italy
Roberto Repetto
Tortona, Italy
Vidriera Rovira (Spain), a subsidiary of Sonator Investments, BV
Cesar Vicente Garcia Anno
Barcelona, Spain
Karhulan Lasi OY (Finland), a subsidiary of OI Finnish Holdings OY
Esko Laurila
Karhula, Finland
Avirunion a.s, (Czech Republic), a subsidiary of Avir, S.p.A.
Miroslov Zahejsky
Novo Sedlo, Czech Republic
Frano Rajtr
Dubi, Czech Republic
A/S Jarvakandi Klaas (Estonia), a subsidiary of OI Finnish Holdings, OY
Hubert Kahn
Jarvakandi, Estonia
Owens-Illinois Polska S.A. (Poland), a subsidiary of OI Spanish Holdings BV
Stanislow Trojnar
Jaraslow, Poland
Owens-Illinois Peru S.A. (Peru), a subsidiary of OI Spanish Holdings BV
Roberto Erasmo Carrero
Callao, Peru
Cristalera del Ecuador (Ecuador), a subsidiary of 01 Ecuador STS, Inc.
Jose Ordonez
Guayaquil, Ecuador
0-1 Canada Corp. (Canada), a subsidiary of 0-1 Canada Holdings, BV
Robert Hillis
Lavington, British Columbia, Canada
Lyle Waldman
Montreal, Quebec, Canada
These individuals do not provide advice or services to Owens-Illinois or its subsidiaries other than the advice and/or services provided to the particular plant with which they are associated. They provide clinical services to individual employees of subsidiaries of Owens-Illinois at the
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facility with which they are associated. They do not provide any advice to the corporate management of Owens-Illinois. They are not employees of Owens-Illinois or any of its subsidiaries.
11. Some of the subsidiaries of Owens-Illinois have relationships with clinics and/or physicians near their manufacturing facilities. Physicians associated with these clinics have agreed in advance to provide clinical services to employees of Owens-Illinois' subsidiaries, but they have no other relationship with Owens-Illinois or its subsidiaries. In some instances, there is a purchase order from the specific manufacturing facility or subsidiary to the clinic that defines the fee for the clinical services that are anticipated.
12. I have participated in the investigation to determine whether the Company or any of its subsidiaries has a relationship of any kind with any person with an M.D. Degree or its foreign equivalent anywhere in the world. The individuals identified in this affidavit are the only such persons that have been identified to date. Owens-Illinois will continue its investigation, particularly with regard to operations in countries other than the United States, where it lias been difficult to gather complete information as of today's date.
Dated: July 26, 2004
Robert A. Smith
Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument aie tree and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he veril;