Document Dd439Ky01Qx7EwEVKJBE8XMy5

PUG-08-2003 12=54 P.01/10 The Lanier Law Firm 6810 FM 1960 WEST HOUSTON, TEXAS 77069 TELEPHONE (713) 659-5200 TELECOPIER (713) 659-2204 FAX COVER SHEET PLEASE DELIVER IMMEDIATELY! DATE: August 8,2003 NUMBER OF PAGES INCLUDING COVER PAGE: 10 IF YOU ARE NOT RECEIVING A CLEAR COPY OF THIS DOCUMENT OR ARE NOT RECEIVING ALL MATERIALS TRANSMITTED, PLEASE CONTACT US At (713) 659-5200. TO: Dr. David Egilman Meagan Roberts FAX NO: 508-546-5888 425-699-7033 (HARD COPY OF THIS TRANSMISSION WILL NOT BE SENT BY REGULAR MAIL) FROM: Maura Kolb RE: Cause No, I9785*BH02; Kelly-Moore Paint Company, Inc. vs. Dow Chemical Company, et al:i In the 23rd Judicial District Court ofBrazoria County, Texas MESSAGE: Charge to: Following are two notices to your depo in Kelly-Moore (one from UCC and one from Dow). There are a few differences but much is overlap. Please look specifically at #2. Although you are not under any obligation to create a document, please let me know if you can instead provide something similar to what you have created in the past for state court. Also, please look at request #11 from UCC and #15 from Dow and call me so we can discuss. I will be filing objections soon. Kelly-Moore (1048) The information contained in this facsimile transmission is attorney privileged and confidential information intended onlv for the use of the individual or entitv named herein. Tf vou are not intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents ofthis information is strictly prohibited. Ifyou have received this transmission in error, please immediately notify us by telephone and return the original message to u$ via U.S. mail at the address indicated on the letterhead above. PUG-08-2003 12=55 P.02/10 NO. 19785-BH02 KFLLY-MOORE PAINT COMPANY, INC. Plaintiff, V. DOW CHEMICAL COMPANY, ET AL., . Defendants. 5 IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT CROSS-NOTICE OF ORAL DEPOSITION OF DAVID EGILMAN AND SUBPOENA DUCES TECUM TO: Plaintiff, Kelly-Moore Paint Company, by and through its attorneys of record, W. Mark Lanier, Patrick N. Haines, and Eugene R, Egdorf, The Lanier Law Firm, PC, 6S10 FM 1960 West, Houston, Texas 77069. Pursuant to TEX. R- Qv. p, 199.2(b), defendant THE DOW CHEMICAL COMPANY ("DOW") hereby cross-notices the oral deposition of DAVID EGILMaN, on August 21, 2003, at 9:30 a.m., at the offices of The Lanier Law Firm, PC, 6S10 FM 1960 West, Houston, Texas 77069- The deposition will be recorded stenographically, and will continue from day to day until completed. The deposition may be videotaped. Respectfully submitted, ABBOTTj, SIMSES &^OtJjCHLER DeboreS?I3/Kuchler^ State BjapNumber: 24038606 Sarah E. liaras State Bar Number: 2403871S Lawrence E, Abbott State Bar Number: 00795846 R. Bruce Evanick LA Bar Number: 24789 Attorneys For Defendant, The Dow Chemical Company <\ \l I'.Dou'-AsSstojUJIlAZAftIA COUNTY CA5f;.9'JCc))y-Mww\p)F;Jnfi5\Ciec<sveRAlioj cvte natiet with n>bpnnn duets tecum for Ej^lmuii.LiQC PUG-08-2003 12:55 P.03/10 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of ihe Cross-Notice of Oral Deposition OF DAVID EGILMAN AND SUBPOENA DUCES TECUM was served via facsimile and certified mail, return receipt requested, on August tj , 2003, as follows: Via Facsimile and Via Certified Mail/RRE 7002 2030 0006 4813 5661 W. Mark Lanier Patrick N. Haines Eugene R, Egdorf The Lanier Law Finn, PC 6810 FM I960 West Houston, Texas 77069 Telephone: (713)659-5200 Facsimile: (713) 659-2204 Via Facsimile and Via Certified Mail/RJUl 7002 2030 0006 4813 5678 James M, Harris, Jr. Harris, Lively, Due&ler & Hatfield, L.L.P, 550 Fannin, Suite 650 Beaumont, Texas 77704-0830 Telephone: (409) 832-8382 Facsimile: (409) 833-4240 Counselfor Defendant The Flintkote Company Counselfor PlaintiffKelly-Moore Pain: Company, Inc. Via Facsimile and Via Certified Mail/RRR 7002 2030 0006 4813 5685 JohnF, Unger C. Scon Kinzel Royston, Rayzor, Vickery & Williams, LLP 1001 McKinney, Suite 1100 Houston, TX 77002-6418 Telephone: (713)224-9390 Facsimile: (713) 225*9945 Via Facsimile and I'la Certified Mail/RRR 7002 2030 0006 4813 5692 Harry F, "Hap" Weitzel Mayor, Brown, Rowe & Maw 700 Louisiana, Suite 3600 Houston, Texas 77002 Telephone: (713) 547-9612 Facsimile: (713)632-1841 Counselfor Defendant Cooper Industries, Ltd. Counselfor Defendant The Dow Chemical Company SUBPOENA DUCES TECUM A current copy ofyour curriculum vitae. A list ofcases in which you have testified in the last 5 years including: a. name and jurisdiction of case; b. whether the testimony was in court or by deposition, including the case name, the jurisdiction, the cause number, and the date; gr whether the case concerned an asbestos-related disease, and ifso, the nature of the condition; d, whether the testimony was offered on behalf ofthe plaintiffs) or defendant(s); e. the name and address ofthe law firm that retained your services. All copies of any prior testimony or trial testimony given by you and in yotur possession, custody, or control. All correspondence between you and counsel for Kelly-Moorc in the abovecuptioncd matter. Copies of everything published on your web site, and/or the website represented by the domain *Ihttp://www.egilman.com'\ over the past 5 years, whether on the protected or unprotected portion, without reference to whom you may believe posted those items, that mentions The Dow Chemical Company, either directly or indirectly. Your entire file relating to ihc above-captioned matter, including but not limited to, all records, reports, memoranda, interviews and notes relating to your review of any materials regarding or related to the above-captioned matter. All articles or books in your possession, custody, or control upon which you intend to rely at the trial for the above-mentioned matter. All billing records relating to the above-mentioned matter. All demonstrative exhibits upon which you intend to rely at trial. All contracts, terms of employment, terms of compensation and records of compensation for every counsel for whom you have testified or by whom you have been retained, including but not limited 10 Baron and Budd; Bergman, Serin, Pageler & Frockt, Brayton Purcell; Waters & Kraus; Williams Bailey; and Ness Motley. AUG-08-2003 12=55 P.05/10 ]). Copies of the "dirty document non-release memo" that you mentioned in your deposition in Latham v. Garlock 12. Copies of documents in your possession that relate to the TLVs and The Dow Chemical Company that you mentioned in your deposition in Latham v. Oarlock l.v Copies of documents in your possession referring to The Dow Chemical Company wanting to remove language about asbestos TLVs that you mentioned in your deposition in Latham v. Oarlock. 14. Copies of documents in your possession that relate to Mr. Hervey Elkins, Director ol'ACGIH, being fired because he refused to go along with a request by The Dow Chemical Company to raise TLVs or keep them high as mentioned in your deposition in Latham Oarlock. 15. A live and working copy of http://www.egilman.com. accessible through a live web connection during your deposition. It is further requested that, to the extent feasible, no materials relating to The Dow Chemical Company that were present on the website on August 4, 2003, should be removed between that date and the date ofthe deposition so that you may be examined thereon. PUG-08-2003 12=56 P.06/10 NO. 19785-BHOZ KELLY-MOORE PAINT COMPANY, INC. Plaintiff, V. DOW CHEMICAL COMPANY, ETAL., Defendants. $ . IN THE DISTRICT COURT OF BRAZORIA COUNTY, TEXAS 23RD JUDICIAL DISTRICT AMENDED NOTICE OF ORAL DEPOSITION OF DAVID EGILMAN AND SUBPOENA DUCES TECUM TO: Plaintiff, Kelly-Moore Paint Company, by and through its attorneys of record, W. Mark: Lanier, Patrick N. Haines, and Eugene Rr Egdorf, The Lanier Law Firm, PC, 6810 FM 1960 West, Houston, Texas 77069. Pursuant to Tex. R. Civ. P. 199.2(b), defendant UNION CARBIDE CORPORATION ("UCC") will take the oral deposition of DAVID EGILMAN, on August 21, 2003, at 9:30 a_m., at the offices of The Lanier Law Firm, PC, 6810 FM 1960 West, Houston, Texas 77069. The deposition will be recorded stenographically, and will continue from day to day until completed. The deposition may be videotaped. HOl:\2714fi5`J)l'iY3Doi!.DOC*<22j3,(W04 -08-2003 12=56 Respectfully submitted* WEIL, GOTSHAL & MANGES LLP P.07/10 Andrew E. Costa State Ear No. 24012460 Dolores Cavatore State Ear No. 24027800 WEIL, GOTSHAL & MANGES LLP 700 Louisiana, Suite 1600 Houston, Texas 77002 Telephone:(713) 546-5101 Facsimile: (713) 224-9511 - and - John R. Gilbert Texas State Bar No. 07S98500 GILBERT & GILBERT 222 North Velasco P. 0. Box 1819 Angleton, Texas 77516-1819 Telephone: (979) 849*5741 Facsimile: (979) 849-7729 A TTORNEYS FOR UNION CARBIDE CORPORATION FiOi!\a7?iSS^i\5V3C501I.DOCMiS53.itM 2 PUG-08-2003 12=56 P.08/10 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Amended Notice of Oral Deposition of David ECiLMan and Subpoena Duces Tecum was served via facsimile and certified mail, return receipt requested, on August 4, 2003, as follows: Via Facsimile and CM/RRR # 7002 2436 0003 7561 6886 Mr. W. Mark Lanier Mr. Patrick N. Haines Mr. Eugene R_ Egdorf The Lanier Law Firm, PC 6810 FM 1960 West Houston, Texas 77069 Telephone: (713) Facsimile: (713) Counselfor PlaintiffKelly-Moore Paint Company, Inc. Via Facsimile and CM/RRR # 7002 2410 0003 7S61 6893 Mr. John F. Unger Mr, C. Scott Kinzel Royston, Rayzor, Vickery & Williams, LLP 1001 McKinney, Suite 1100 Houston, TX 77002-6418 Telephone: (713)224-9390 Facsimile: ,(713) 225^9945 Counselfor Defendant Cooper Industries. Ltd. Via Facsimile and CM/RRR # 7002 2410 0003 7561 6909 Mr. James M. Harris, Jr. Hams, Lively, Ducsler & Hatfield, L.L.P, 550 Fannin, Suite 650 Beaumont, Texas 77704-0830 Telephone: (409)832-8382 Facsimile: (409) 833-4240 Counselfor Defendant The Flintkote Company Via Facsimile and CM/RRR # 7002 2410 0603 7S61 6916 Mr. Harry P. "Hap*3 Weitzel Mayor, Brown, Rowe & Maw 700 Louisiana, Suite 3600 Houston, Texas 77002 Counselfor Defendant The Dow Chemical Company Via facsimile and CM/RRR # 7002 2410 0005 3155 6923 K Ms. Deborah D. Kuchler Ms. Sarah E. Hams Abbott, Simses & Kuchler, PLC 400 Lafayette Street, Suite 200 New Orleans, LA 70130 Telephone: (504) 568-9393 Facsimile: (504) 524-1933 Counselfor Defendant The Dow Chemical Company HOl!\37l4fiS\Bi\iY3D01LDOC\t22^M4 Dolores Cavatore 3 RUG-08-2003 12=56 P.09/10 SUBPOENA DUCES TECUM 1. A current copy of your curriculum vitae. 2. A list of cases in which you have testified in the last 5 years including: a. name and jurisdiction of case; b. whether the testimony was in court or by deposition, including the case name, the jurisdiction, the cause number, and the date; c. whether the case concerned an asbestos-related disease, and if so, the nature ofthe condition; d. whether the testimony was offered on behalf of the plaintiffs) or defendant(s); e. the name and address of the law firm that retained your services. 3. All copies of any prior testimony or trial testimony given by you and in your possession, custody and/or control. 4. All correspondence between you and the counsel for Kelly-Moore in the abovecaptioned matter. 5. Copies of everything published on your web site or the website represented by the domain name http://www.egiltrian.com over the past 5 years, whether on. the protected or unprotected portion, that mentions Union Carbide Corporation, either directly or indirectly. <?. Your entire file relating to the above-captioned matter, including but not limited to, all records, reports, memoranda, interviews and notes relating to your review of any materials regarding or related to the above-captioned matter. 7. All articles or books in your possession, custody and/or control upon which you intend to rely at trial for the above-mentioned matter. S. All billing records relating to the above-mentioned matter. 9. All demonstrative exhibits upon which you intend to rely at trial, 10. All contracts, terms of employment, terms of compensation and records of compensation for every counsel for whom you have testified or by whom you have been retained, including but not limited to Baron and Budd; Bergman, Senn, Pageler & Frockt, Brayton Purcell; Waters & Kxauss and Ness Motley. HOI :U'7?4$S\01\5Y3D01 l,DOC^^53.DD(M PUG-08-2003 12=56 P.10/10 11. A live and working copy of http://www.egilmaii.com, accessible through a live web connection during your deposition. It is further requested that, to the extent feasible, no materials relating to Union Carbide Corporation that were present on the website on August 4, 2003, should be removed, between that date and the date of lhe deposition so that you may be examined thereon, MO I :\5T7iiSS'0 l\5Y3D0M,DOO-J2253,0WW 5 TOTPL P.10