Document MG0mdpL11pJLwjy9dXp692OZx

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION INDEPENDENT LIFE AND ACCIDENT INSURANCE COMPANY, a Florida corporation, c 1 " it i MV orfop*, nr N RU"'- !;,\f^WLL ii?:; AwcSagKf'V f^orrewNAi association Plaintiff, vs. CASE NO: 83-613-CIV-J-12 GENERAL ELECTRIC COMPANY, a foreign corporation, Defendant. / NOTICE OF CONTINUATION OF DEPOSITION DUCES TECUM OF HOWARD S. BERGEN, JR. TO: Thomas M. Burke, Esquire Post Office Box 1873 Orlando, Florida 32802 Please take notice that at the hour of 8:00 a.m. on Friday, January 3, 1986, and continuing from day to day until completed at the offices of Troutman, Sanders, Lockerman & Ashmore, 15th Floor, The Candler Building, 127 Peachtree Street, N.E., Atlanta, Georgia, 30343, the abovenamed Plaintiff will take the deposition of Howard S. Bergen, Jr., whose address is 4615 Greywood Trace, Norcross, Georgia, 30092. The deponent is required to appear and to testify generally concerning the following issues in this case, including the following matters: HARTOLDMONOOQ5786 ( . - 2- (a) Any and all warning letters, notices, bulletins, or like documents written by the deponent or by The Monsanto Company to the General Electric Company and/or customers of The Monsanto Company generally regard ing the use, sales, or marketing of any products containing or which require the use of polychlorinated biphenyls. (b) Any letters, correspondences, notices, product literature, bulletins or like documents in which the deponent or which The Monsanto Company in any way has advised the restrictions cn use of products containing or using polychlorinated biphenyls, whether distributed to the General Electric Company or to customers of The Monsanto Company generally or to the public at large during the years 1965 through 1975. (c) Any documents of any nature sent at any time to the General Electric Company and/or to the customers of The Monsanto Company generally or to the public at large regarding any possible danger or damages posed by polychlorinated biphenyls to human beings, animals or the environment. Pursuant to Rule 45 of the Federal Rules of Civil Procedure,., the named deponent has been required to produce the docuir.ents referred to in subparagraphs (a) through (c) above as set forth in the attached Subpoena Duces Tecum. This deposition is to be taken upon oral examination pursuant to the Federal Rules of Civil Procedure before Sharon Upchurch with Huseby & Associates, an officer authorized HARTOLDMONOOQ5787 -3- by laws to take depositions. Said deposition is to be taken for discovery purposes for use as evidence at trial, or both. DATED at Jacksonville, Duval County, Florida, this // day of , 1985. GALLAGHER, BAUMER, MIKALS, BRADFORD, CANNON & WALTERS, P.A. Ellen Posner 2525 Independent Square Jacksonville, Florida 32202 (904)355-2525 Attorneys for Plaintiff CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished to Thomas M. Burke, Esquire, Post Office Box 1873, Orlando, Florida, 32802, by , this // day of &-<>., 1985. Attorne HARTOLDMONOOQ5788 AO 90 (FUv. 5/85) Dapoiitlon Subpoena plnxtzb ^Btstrtrt (Eauri MIDDLE DISTRICT OF_______FLORIDA INDEPENDENT LIFE AND ACCIDENT NORTHERN DISTRICT OF GEORGIA INSURANCE COMPANY, a Florida corporation v DEPOSITION SUBPOENA GENERAL ELECTRIC COMPANY, a foreign corporation , CASE NUMBER: 83-613-Civ-J-12 TYPE OF CASE (ZPfelVIL criminal TO: Howard S. Bergen, Jr. 4615 Greywood Trace Norcross, Georgia 30092 SUBPOENA FOR person }0 DOCUMENTIS) or OBJECT(S) YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above case. PLACE Troutman, Sanders, Lockerman & Ashmore 15th Floor, The Candler Building 127 Peachtree Street, N.E. Atlanta, Georgia 30343 DATE AND TIME Friday, January at 8:00 3, 1986, a.m. YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):* The documents specified in paragraphs a through c of the attached Notice of Continuation of Deposition Duces Tecum of Howard S. Bergen, Jr. Please see additional information on reverse Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30(b)(6), Federal Rules of Civil Proce dure, to file a designation witbthe court specifying one or more officers, directors, or managing agents, or other persons who con sent to testify on its behalf, and setting forth, Ior each person designated, the matters on which he will testify or product docu ments or things. The persons so designated shall testify as to matters known or reasonably available to the organization. US. MAGISTRATE OP CLERK OF COURT DATE DONALD M. CINNAMOND 'BY( DEPumiLEHK 'V This subpoena is issued upon application of the: Xlaintiff U] Defendant U.S. Attorney QUESTIONS MAY BE AOORESSEO TO Thomas M. Baumer, Esquire 2525 Independent Square Jacksonville, Florida 32202 904/355-2525 ATTORNEY S NAME AOOESS AND P^ONE NUMBER HARTOLDMON0005789