Document DgXqb2dgwYwKp0Q25Knq1015
MISSOURI CIRCUIT COURT TWENTY-FIRST JUDICIAL CIRCUIT
ST. LOUIS COUNTY
EDWARD COLELLA, Plaintiff,
V.
MONSANTO CO., etal. Defendants.
Cause No. 09SL-CC01972
Division No. 7
NOTICE OF DEPOSITION
PLAINTIFFS SECOND AMENDED NOTICE OF REPOSITION OF DEFENDANT PHARMACIA CORPORATION PURSUANT TO M.R.C.P.
5?803(b)f4)
To: Robert E. Kaley, Corporatate Representative of Pharmacia. Pursuant to Missouri Rule of Civil Procedure 57.03, Plaintiffs will take the
deposition of Robert E. Kaley, the Corporate Representative of Pharmacia Corporation on November 17-18, 2011, starting at 9:00 a.m. at the offices of Husch Blackwell Sanders, LLP, 190 Carondelet Plaza, Suite 600, St, Louis, MO 63105-3441, (314) 480 1500. The deposition shall be taken before a videographer and court reporter from U.S. Legal that is duly authorized by law to administer oaths. This notice shall be considered good and valid until such time that the depositions of the deponents have been completed and shall continue from day to day until concluded as necessary.
Pursuant to Rule 57.03(b)(4) of the Missouri Rules of Civil Procedure, Pharmacia Corporation shall designate one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf who can testify as to the following matters
PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF DEFENDANT PHARMACIA CORPORATION PURSUANT TO M.R.C.P. 57.03(B)(4)
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known or reasonably available to Pharmacia Corporation. As used herein, the name
"Monsanto" refers to the company now known as "Pharmacia," sometimes referred to as
"Old Monsanto":
1) Monsanto*s manufacture and sales of DDT, including the reasons for Monsanto's
decision to stop manufacturing and selling DDT.
2) The history of Monsanto's development and marketing of uses for PCBs other
than, as dielectric fluids.
3) List of all brands of PCB-contahing products sold by Monsanto, including the
product names, and, as to each name, the years of production and intended uses of
the products.
4) Monsanto's total gross sales from PCB products, on a year-by-year basis.
5) Monsanto's manufacture and sales of polychlorinated terphenyl ("PCTs")
products, including the reasons for Monsanto's decisions to stop manufacturing
and selling PCTs.
6) To the extent that Monsanto claims in this lawsuit that PCBs were, at any time or
place, required by law, electrical codes, or insurance carriers for certain uses,
identification of the documents and/or other materials relied on by Monsanto to
support such claims.
7) The history of Monsanto's acquisition of Swann Chemical's business and the
timeline of events leading to that acquisition and Monsanto's control of Swann's
Anniston facility.
8) The extent to which alternatives to PCBs were available, on a year-by-year basis,
for:
a. capacitor fluids
b. transformer fluids
c. plasticizers
d. heat transfer fluids
e. hydraulic fluids
f. carbonless copy paper
g. inks
h. adhesives
i. paints
j. pesticide extenders
k. waxes
l. any other uses for PCBs not expressly listed above
9) Toxicological studies conducted and/or sponsored by Monsanto with regard to
PCBs, from 1930 to the present.
PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF DEFENDANT PHARMACIA CORPORATION PURSUANT TO M.R.C.P. 57.03(B)(4)
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10) Cancer surveillance of Monsanto's employees* as conducted by Dr, Emmet Kelly during his tenure as Monsanto's medical director.
11) Any epidemiology studies conducted with respect to current and former Monsanto employees exposed to PCBs.
12) The history of any warnings provided by Monsanto to its customers and/or end users of PCBs, with respect to the need to prevent PCBs from being released into the environment
13) Monsanto's internal standards of conducts with respect to the production, marketing, and sales of chemicals, from 1930 to 1977,
14) The key to departmental, cod.es listed for Monsanto personnel on internal Monsanto documents.
15) Any public statements made by Monsanto (or any agents of Monsanto) with regard to whether PCBs are capable of causing: a. cancer of any type b. Non-Hodgkin's Lymphoma
16) The history of legal and regulatory standards governing Monsanto's conduct in the production and marketing of PCBs.
YOU ARE HEREBY ORDERED to produce for inspection and copy on November
17, 2011, at 9:00 a.m. all invoices, receipts, or documents evidencing payments received,
from any Monsanto related entity, including Monsanto Company, Solutia, Inc.;
Pharmacia Corporation, Pfizer, Inc. or their attorneys.
Dated: This 4th day ofNovember, 2011.
Respectfully submitted, ALLEN STEWART, P.C.
MO Bar No, 60331 Stephanie Brooks Sherman TX Bar No. 24006906 (Admitted Pro Hac Vice) Allen Stewart, P.C. 325 N. St. Paul St., Suite 2750 Dallas, Texas 75201 PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF DEFENDANT PHARMACIA 3 CORPORATION PURSUANT TO M.R.C.P. 57,03(8X4)
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(214) 965-8700 Office (214) 965-8701 Facsimile Harry G. Potter MO Bar No. 62671 8441 Gulf Free1way, Suite #600 Houston, Texas 77017-5051 Williams KJbterkher Hart Botmdas, LLP John Simon MO Bar No. 35231 The Simon Law Firm P.CX 800' Market St, Suite 1700 St Louis, MO 63101 ATTORNEYS FOR PLAINTIFFS
PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF DEFENDANT PHARMACIA 4 CORPORATION PURSUANT TO M.R.C.P, 57.03(B)(4)
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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the 'foregoing document was served on the following attorneys of record via e-mail on November 4, 2011.
/ MO Bar No. 60331
Thomas M. Carney tom.camey@liuscliblackwell.com Carol A. Rutter carol .rutter@huschbiackwell.com Jerry K. Ronecker krgy.ronecker@huschblackwell.com Adam E. Miller adam.miller@Jiuschblackwell.com HUSCH BLACKWELL SANDERS, LLP 190 Carondelet Plaza, Suite 600 St. Louis, MO 63105-3441 (314) 480-1500 Office (314) 480-1505 Facsimile ATTORNEYS FOR DEFENDANTS MONSANTO COMPANY, SOLUTIA, INC., PHARMACIA CORP., and PFIZER, INC.
PLAINTIFF'S SECOND AMENDED NOTICE OF DEPOSITION OF DEFENDANT PHARMACIA 5 CORPORATION PURSUANT TO M.R.C.P. 57.03(B)(4)
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