Document 9BZ7oDOVbnBqLbg0dq2m01D3

DEC-28--1994 12:46 FROM DRAYDEN LIYCHE & WOOD LLP TO 12129062021-02030005 P.12 No. 94-1103 DORIS EIRVEN, INDIVIDUALLY AND AS REPRESENTATIVE OF THE ESTATE OF ROBERT H. EIRVEN, DECEASED, ROBERT EIRVEN, JR., AND SHEILA EIRVEN, Plaintiffs vs- UNION CARBIDE CHEMICAL AND PLASTICS COMPANY, INC., Defendant. 5 5 3 \v jNOTICE OF DEPOSITION OF JOE MORULLO TO: Plaintiffs, Doris Eirven, Robert Eirven, Jr., and Sheila Eirven by 1and through their counsel of record, Catherine Baen, Williams, Bailey & Wesner, L.L.P., $441 Gulf Freeway, Suite 600, Houston, Texas 77017 Defendant UNTON CARBIDE CHEMICAL AND PLASTICS COMPANY, INC., pursuant to Federal Rule of Civil Procedure 30, will take the deposition Joe Morullo on January 26, i994 beginning at 11:00 a.m., at the offices of DRAYDEN, WYCHE &. WOOD, L.L.P., 1360 Post Oak Boulevard, Suite 1650, Houston, Texas 77056. The deposition of Mr. Morullo will commence at the time and date Staled above and will continue from day to day, or upon such adjourned date as may be agreed upon by the parties, until completed. You are further notified that the deponent is required to attend at such time and place to answer under oath such questions as may be propounded to him and to produce all documents, pursuant to Federal Rules of Civil Procedure 30(b) (5) and 34, requested on the list attached as Exhibit A hereto. UCC 073596 DEC-20-1994 12s 47 FROM DRAYDEN UYOE & UOOD LLP TO 2129062021-02030005 P.13 Respectfully submitted, DRAYDEN, WYCHE & WOOD, L.L.P. State Bar No. 21905500 1360 Post Oalc Blvd. Suite 1650 Houston, Texas 77056 Tel: (713) 965-0120 Fax: (713) 960-0010 ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE 1 hereby certify that a true and correct copy of the foregoing Notice of Deposition of Joe Morullo waaA mailed via first class mail, to the person listed below on this the day of December, 1994. Catherine Baen Williams, Bailey & Wesner, LX.P. $441 Gulf Freeway, Suite 600 Houston, Texas 77017 UCC 073597 DEC-20-1994 12:47 FRCH DRfiVDEN UYOE & UOOD LLP TO P. 14 EXHIBIT A Pursuant to Rules 30 and 34 of the Federal Rules of Civil Procedure, Joe Morullo is required to bring with him, at the time and place specified in the Notice of Deposition, any and all documents in his possession, custody or control, as defined in the Federal Rules of Civil Procedure, related in any way to the matters and items requested and listed below. DEFINITIONS 1. In this Notice, the term "document" shall mean all writings and means of communications of any kind, including the original and all nan-identical copies, whether different from the original by reason of any notations made on such copies or otherwise. The term "document" shall include without limitation, letters, correspondence, memoranda, notes, diaries, statistics, telegrams, minutes, bides, contracts, payments and certificates for payment, statements/invoices, change orders, delay requests. Hens and Hen affidavits, bonds, daily logs, releases, draw requests, punch lists, engineering and architectural reports, inspection reports, expert reports, studies, text, statements, receipts, returns, summaries, pamphlets, books, booklets, periodicals, prospectus, interoffice and/or intra-office communications, offers, acceptances, approvals, notations, recordings, transcripts of any sort of conversations, telephone calls, meetings or other communications, bulletins, printed matter, computer printouts, teletypes, telefaxes, invoices, worksheets, counterpart, appointment books, charts, graphs, indexes, data sheets, data processing cards, data processing tapes, ledgers, financial statements, notes or memoranda or understandings, agreements, working papers, financial instruments or statements and documents reflecting financing, and any and all drafts, alterations, modifications, changes and amendments of any of the foregoing categories of documents. In addition, the term "document" shall also mean graphic or aural records and oral representations of any kind, including without limitation, photographs, charts, graphs, microfiche, microfilm, videotape, recordings, motion pictures, computer tapes or computer cards, and any electronic, mechanical or electric recordings or representations of any kind, including without, limitation, tapes, cassettes, films, discs, recordings, and transcripts of any audio, video or other recordings, 2. The term "peruiiiiliig" moms relating lo, referring lu, describing, evidencing or constituting. 3. As used herein, the terms "you," "your," means Joe Morullo, his agents, attorneys, doctors, experts, employees, and all other persons or entities acting or purporting to act on his behalf whether authorized to so or not, including any consultants, attorneys, or their agents having possession, custody, control, knowledge, or responsibility for any document or information called for herein. things to be produced 1. Any statement or testimony given to any person or entity concerning Robert H. Eirven, Union Carbide Corporation and/or vinyl chloride. UCC 073598 DEC--26--1934 12:46 FROM DRftYDEN UYOE & UOOD LLP TO x2129062021--0203000S P. 15 2. The interview/stalement referred to by Dr. Frank H. Gardner in his letter to Catherine Baen, dated December 16, 1994 (attached hereto as Attachment 1 for your convenience). UCC 073599 DEC--20--1994 12:40 FROM DRAYDEN UYOE & WOOD LLP TO 12129062021--02030005 P.16 ATTACHMENT 1 UCC 073600