Document LkXnGrw3E19LXbawY4YDMK3q

* noaiirr a. hazlzhurst, jr. JOHN BARKER CHARLES R. HARDIN, JR. ROGER C. WARD JAMES C. PITNEY WILLIAM O, HARDIN CLYOC A. SZUCH S. JOSEPH rORTUNATO DAVID J. CONNOLLY. JR. WILLIAM H. HYATT, JR. LAWRENCE F. REILLY MURRAY J. LAULICMT EDWARD P. LYNCH GERALD C. NCARY JOSERH LUNIN RICHARD L. RLQTKtN TIMOTHY R. QREINER ROBERT L. HOLLINGSHCAD FREDERICK L. WHITMCR GREGORY C. PARUMAN ROBERT G.ROBE Patrick j. McCarthy JOSEPH H. KOTT MART LOU PARKER PAUL E. GRAHAM J. MICHAEL NOLAN, JR. WARRBRJ. CASEY KEVIN J. O'DONNELL GLENN C. GEIGER OENNIB R. LA FIURA Pitney, Hardin, Kipp & Szuch 163 MADISON AVENUE CN >945 MORRISTOWN. NEW JERSEY 07960-1945 MORRISTOWN (201) 267-3333 NEW YORK (212) 926-0331 TELCX 94ZOI4 TELECOPIER (201)267-3727 NEWARK OFFICE 33 WASHINGTON STREET NEWARK, NEW JERSEY 07102 WRrTCR S DIRECT DIAL NUMBER (201) #31- 4817 GAIL H. ALLYN c.Elizabeth Flanagan SEAN H. KELLY HENRY NELSON MASSEY PATRICIA A. PICKREL WILLIAM R. SHELLEY JAMES H. FOSTER WILLIAM J- FRlEOMAN DAVID G- MAROIN DENNIS T. KEARNEY JANICE MONTANA H. GLENN TUCKER BARBARA E. BLACK LIGCRlC P. BURNS JANE M. HARpIN ROBERT W. IHNC BETTY ANN MCWILLIAMS BARBARA A. MOORE LAWRENCE J. NAGY KENNETH J. NORCROSS CHARLES OUlNN ROBERTA. RECIO EVELYN R. STORCH CYNTHIA H. AUGUSTINE HELEN C. HOENS DONALD W. KIEL CYNTHIA B. LUPO MARIE D. NARDINO JOHN K. SKRYPAK LORI J. BRAENOER MARGARET GIG CLARK May 27, 1986 RECEIVED , P. F. MW JEFF ELLENTUCK JULIANNE FLACH SOWINSKI KEVIN F. KOSTYN KATHY A. LAWLER YVONNE MARCUSE HARRIETT JANE OLSON ELIZABETH J. SHER LLOYD M. TUBMAN VALERIE J. BAUMANN ERNEST J.CICCONI ANN V. CONRCY MICHAEL J. DUNNE JAMES H. FORTE KATHLEEN A. GREEN MARIE N. JACKSON EILEEN A. LINOSAY CLIFFORD R. LUNDIN THOMAS J. MALMAN OAVIO NIU KAREN M. PALMA JAMES D. RAY SCOTT A. SMITH KENNETH C. THOMPSON PETER O. VERNIERO MILLIE E. WILLIAMS JOANNE M. CHARNCY HOPE S. CONE LAURAN S. D ALESSIO JENNIFER CHANDLER HAUGC CYNTHIA A. ROTZ Peter F. Davey, Esq. Union Carbide Corporation Law Department E-3 39 Old Ridgebury Road Danbury, CT 06817-0001 William L. McClain, Esq. Vista Chemical Company 15990 North Barker*s Landing Rd P.0. Box 19029 Houston, TX 77224 Re: Memice v., PPG Industries, et al._ Gentlemen: Please be advised of the following developments in this matter. On May 14, there was a meeting of defense counsel at the office of Bill McGuire. Present were Mr. McGuire, Gregory Castano and Claire Barile from Tompkins, McGuire & Wachenfeld, representing (/?3"^4ef endants, including PPG and Georgia-Pacific Corporation; Ray Tierney from Shanley & Fisher, representing ^Borden and ^Monochem; John Ridley of Crummy, Del Deo, Dolan, et al., representing''"BF Goodrich; Edwin Matthews of Budd, Larner, Kent, et al., representingEthyl Corporation; and myself for Carbide and-'Vista. The following discussions and decisions occurred at the meeting: (1) Discovery of Plaintiff. Mr. Tierney announced that he had already served a set of Interrogatories on the plaintiff and had scheduled the deposition of Mrs. Memice for July 8, 1986. He had not served either of those papers on the other defense counsel. It was agreed that Mr. McGuire will prepare a set of uniform Interrogatories to supplement Mr. Tierney's set on behalf of all defendants. It was also PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 016889 itney, Hardin, Kipp & Szuch Peter F. Davey, Esq. William L. McClain, Esq. May 27, 1986 Page Two X. generally agreed that the deposition of Mrs. Memice should not be conducted until after she has answered the Interrogatories? although Mr. Tierney expressed his disagreement with this approach. Mr. McGuire will also prepare and serve medical authorization forms. (2) Case Management. It was agreed that we should apply to the Court for the assignment of a single judge to oversee all aspects of the case and to schedule an initial case management conference. Mr. McGuire will attend to that application. (3) Experts There was a preliminary discussion of experts who may be required to assist the defendants. The specialists identified were an oncologist? a liver specialist; a chemist; an occupational actuary; and a warning label expert. It was agreed that we will continue to discuss these and other experts when we receive medical information from the plaintiff. (4) Possibility of Settlement. It was agreed that we should ask plaintiff's counsel about the possibility of settlement at this early stage, before the defense costs begin to mount. Mr. Tierney said that he would do so. (5) Joining the Employer, Pantasote. The issue of whether to make Pantasote a party for discovery purposes or to seek Pantasote's informal cooperation was discussed at some length. All but Mr. Tierney felt that we should seek Pantasote's cooperation, provided we can prevent the employer from destroying any documents; It was agreed that we will serve a subpoena on Pantasote and then agree to withdraw it if Pantasote will enter into a consent order for discovery. Mr. McGuire will handle this. (6) Workers' Compensation Records. Mr. will contact plaintiff's counsel for these records. Tierney (7.) Crossclaims. We agreed not to serve crossclaims at this time. Provision for the service of crossclaims will be contained in the case management order. (8) Costs. It was preliminarily agreed that joint defense expenses will be divided equally by the number of defendants and not by the number of defense counsel. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 076890 i itney, Hardin, Kipp & S2uch Peter F. Davey, Esq. William L. McClain, Esq. May 27, 1986 Page Three > (9). Rumors. It was reported by Mr. Matthews that there may be another 150 present and former employees of Pantasote who are prepared to join this suit or start another suit. Mr. Matthews' firm (Budd, Larner, et al.) had been contacted by a representative of these employees to take the suit. (10). Next meeting. The next defense meeting is scheduled for June 5r 1986. Subsequent to the meeting I received the enclosed letters of May 16 and May 23 from John Ridley concerning information on Pantasote. I also received the enclosed letter and memorandum of May 21 from Ray Tierney concerning his conversations with plaintiff's attorney. Bob Princiotto. As you can see, Mr. Princiotto denied any knowledge of more cases coming from the Pantasote plant. The subject of a possible settlement was also raised, but apparently only briefly. I will keep you advised of further developments. Very truly yours. RLH:js Enclosures ROBERT L. HOLLINGSHEAD PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 076891