Document QXJn3JE0eqLmz2kzwYmy3kjX5

FILE NAME: Talc (TALC) DATE: 2010 DOC#: TALC158 DOCUMENT DESCRIPTION: Legal - Deposition of Joseph Simko SUPREME COURT: ALL COUNTIES WITHIN THE STATE OF NEW YORK IN RE: NEW YORK CITY ASBESTOS LITIGATION This Document Applies To: SHELLY BERNARD KAREN TEDRICK INDEX NOS: 107211/08 190078/08 VIDEOTAPED ORAL EXAMINATION OF JOSEPH SIMKO VOLUME I VIDEOTAPED TRANSCRIPT of the deposition of JOSEPH SIMKO, called for Oral Examination m the above entitled action, said deposition being taken pursuant to Rules governing Civil Practice m the Courts of New York, by and before SERAFINA R. ZINCKGRAF, C3R, RPR, a Certified Shorthand Report, Registered Professional Reporter, Notary Public, at the LAW OFFICES OF LEVY, PHILLIPS & KNIGSBERG, L.L.P., 800 Third Avenue, 11th floor,New York, New York 10022, on December 2, 2010, commencing at 10:11 a.m. Page 1 Priority-One Court Reporting Services, Inc. 253 V i e e i d n u R o a d , Sua.Le 3 0 1 , F l o i h d m P d i k , NJ 07332 718-983-1234 6201aa8a-a3e7-4514-946a-6b6f53b61a61 Page 2 i Page 4 IT IS HEREBY STIPULATED AND AGREED j 2 3 APPEARANCES: 3 by and between the attorneys for the 4 respective parties hereto that filing, j 4 LEVY, PHILLIPS & KNIGSBERG, L.L.P 800 Third Avenue, 11th Floor \ 5 New York, New York 10022 5 6 sealing and certification of the within Examination Before Trial be waived; that all 7 objections, except as to form, are reserved 8 to the time of trial. \ BY: AUDREY PERLMAN RAPHAEL, ESQ. 6 Attorneys for the Plaintiff - 8 QUINN EMANUEL, URQUHART& SULLIVAN, LLP j 865 South Figueroa Street I 9 10th Floor 9 IT IS FURTHER STIPULATED AND AGREED j 10 Los Angeles, California 90017 BY- J D. HORTON, ESQ. 10 that the transcript may be signed before any j Attorney for Defendant, 1-L Notary Public with the same force and effect 12 as if signed before a Clerk or Judge of the 11 Colgate-Palmolive Company j and Joseph Simko j 12 13 Court. : 13 QUINN, EMANUEL, URQUHART & SULLIVAN, LLP 14 IT IS FURTHER STIPULATED AND AGREED j 14 51 Madison Avenue, 22nd Floor 15 that the within examination may be utilized 16 for all purposes as provided by the CPLR and 17 Part 221 of tire Uniform Rules for the Conduct 18 of Depositions. j 15 j 115 j 17 New York. New York 10010 BY: CHRISTINE CHUNG, ESQ. AND ANNE SUD, ESQ. Attorneys for the Defendant, Colgate-Palmolive Company 19 IT IS FURTHER STIPULATED AND AGREED I 13 and Joseph Simko 20 that all rights provided to all parties by j 19 20 21 the CPLR shall not be deemed waived and the j 21 22 appropriate sections of the CPLR shall be 23 controlling with respect thereto. ! ALSO PRESENT- 22 i MR. JOSHDISCHINGER 24 IT IS FURTHER STIPULATED AND AGREED | 23 25 by and between the attorneys for the 24 \ 25 Page 3 Page 5 1 2 respective parties hereto that a copy of this 3 Examination shall be furnished, without 4 charge, to the atlomey representing the 5 witness testifying herein. 6 7 8 9 10 11 .2 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 INDEX 3 4 WITNESS DIRECT CROSS REDIRECT RECROSS 5 JOSEPH SIMKO By Ms. Raphael 7 6 7 8 9 EXHIBITS 10 NUMBER DESCRIPTION PAGE 11 Simko-1 Notice of Deposition. 10 12 Simko-IA Document, Bates No. 82 QE-CPC000039651, 13 3966, 3967 and 3961. 14 Simko-IB Defendant 172 Colgate-Palmolive's 15 Amended and Supplemental Responses of June 2,2010 16 Plaintiffs Discovery Requests. 17 Simko-3 Document, Bates 252 18 No. COL 00126. 19 20 21 22 23 24 25 2 ( P a c e s 2 t o 5) Priority-One Court Reporting Services, Inc. 253 V i e e l d n d Rudd, SuiLd 301, Floihdiu P d ik , NJ 07932 718-983-1234 6201aa8a-a3e7 -4S14-946a-6b6f53bS1a6l Page 118 Page 120 1 Simko - direct 2 than Cashmere Bouquet? 3 MR. HORTON: Objection; asked 4 and answered. 5 A. I don't know. 6 Q. Do you know if - b u t you do 7 know that Colgate was manufacturing Cashmere p Bouquet at this time; is that right? 9 A. Yes, oh, yes. ' M Q Do you know if where Cashmere n Bouquet was manufactured at that time? 12 MR. HORTON: Same objection. _d A. Well. 14 MR. HORTON: You can answer. 13 I'm sorry. 16 A. At that time, I didn't know 17 where the manufacturing site was, you know, 18 at that time. I subsequently learned where 19 they were. There was one in Jeffersonville, 20 Indiana and Jersey City, New Jersey. 21 Q. And did you learn that as part 22 of your work at Colgate? 23 A. As part of the talc 24 investigation, I get background information. 25 Q. Okay. I'm going back. We were i 1 Simko - direct i 2 test; that is, were done on Cashmere ; 3 Bouquet? : 4 A. I don't understand. I don't ; 5 understand what you mean. ; 6 Q, Did you keep any records of any ; 7 tests that were done on Cashmere Bouquet for ! 8 asbestos m talc? 9 MR. HORTON: Object to form. 10 You mean in the file? 11 MS. RAPHAEL: Uh-huh, in the 12 file. 13 A. The file probably contained work 14 requests from product development people and 15 copies of that in the file. There was some 1 6 of them. How complete, I don't... 17 Q. Any result letters or result - 18 A. Well, there would be - 19 MR. HORTON: Let her fimsh. 20 Q. - i n that file? Sorry. 21 A. Well, copies of the service work 22 request forms coming from people like 23 Schebese or Schubert. When it's reported 24 back to them, we always kept a file in the 25 Analytical department to begin with, and I Page 119 Page 121 1 Simko - direct 2 talking about letters or classes of letters 3 that might be in your file. We talked about 4 McCrone. Any other classes of letters that 5 you might remember? 6 A. No, no. 7 MR. HORTON: Make sure --let 8 her finish. 9 A. No. 10 Q. Anything to or from the CTFA? 11 A. There had to be some over the 12 years but at that time, no. 13 Q. Any letters to or from the FDA? 14 A. I don't recall any from the FDA. 15 Q. Then you said there were reports 16 of work done by our crew to support the 17 product development people. Do you remember IS any reports that might have been in your 19 asbestos and talc file? 2 0 A. No. 21 Q. Do you remember that there were 22 reports? 23 A. I don't really remember that, 24 no, no. 25 Q. Did you keep any records of any 1 Simko - direct 2 probably had some of those in the file but, 3 you know, it wasn't something that I was 4 really looking out to do, no. 5 Q. And how long did you keep that 6 file? 7 A. Until the day I retired. When I 8 retired. 9 Q. What did you do with it when you 10 retired? 11 A. Discarded it, destroyed it. 12 Q. Did anybody ask you to keep that 13 file? 14 A. No, nobody asked me to keep the 15 file, no. 16 Q. Had you ever given copies of 17 what was in that file to anybody at Colgate? 18 A. Well, if it had any 19 correspondence in it, then it would have 20 been copies that I kept, correspondence that 21 I sent out. So I would have to say yes. 22 Yes, to that. For example, McCrone reports, 23 they were addressed to me. They weren't 24 CC'd to anybody. Did I makeLopies of them? 25 Obviously I reported it to appropriate 31 (Pages 118 t o 121) Priority-One Court Reporting Services, Inc. 253 V i e e l a a u R oad, SuiL e 301, Flotham PaxK, NJ 07932 718-983-1234 6201aa8a'a3e7-4514-946a-6b6f53b61a6! C\1 CM Page 226\ Page 228 1 Simko - direct 2 A. Yeah. 3 Q. Was there ever any literature 4 about asbestos? 5 MR. HORTUN: Object to form. 6 A I don't recall 7 Q. Or asbestos in talc? 8 A. I can't say there weren't but T 9 don't recall. 10 Q. After your meeting with 11 Johnson & Johnson, did you review any 12 literature, medical articles or anything 13 about asbestos in talc? - /\ A. Gee, I don't remember that. I IS can't remember what I did after that. I 16 just can't. MS. RAPHAEL: There's five 18 minutes left so let's just take a 19 break. 20 (Recess occurred.) 21 Q Do you know when Richard Turse 22 started doing XRD in your department? 23 A. In the late 70s. 24 Q. And did someone take over for 25 him doing XRD ever? i 1 Simko - direct :i 2 Q. --in relation to asbestos in 1 3 talc, if they were part of the procedures 1 4 you were talking about? 1 5 A. They had to be part of the ; 6 procedures. Did I know any specific items? ! 7 No. 1 8 Q. Did you ever speak with anybody : 9 else outside of Colgate about asbestos in \ 10 talc? \ 11 MR. HORTON: Object to form. \ 12 Q. Other than who we spoke about <13 already today? 1 14 MR. HORTON: Object to form; \ 15 overboard. 1 16 A. I can't recall any. I can't j 17 recall. i 18 Q. Any other government agencies? i 19 A. No, no. 20 CL Did vou ever - Did Colgate ever 21 share test - Colgate's testing of talc with 22 theCTFA? 23 MR. HORTON: Object to form; 24 foundation. 25 A. I don't recall that we did. Page 227 Pag Simko - direct 2 MR. HORTON: Objection; lacks 3 foundation. 4 A. No, Briscese came back and did c; some, but no one else. 6 Q. That was it? n A. Yes. 8 Q. Until you left? 9 A. That's correct. 10 Q. And did there come a time when 11 Susan Williams started doing microscopy? 12 MR. HORTON: Objection; 13 foundation. 14 A. Yes. 15 Q. And did she do microscopy on 16 talc? 17 A. I don't know what she did in 18 microscopy. 19 Q. But the microscopy on talc was 20 part of the procedures that you were talking 21 about, right? 22 A. Yes. 23 Q. So do you know anything about 24 what the microscopy lab hid - 25 MR. HORTON: Obiect to form. 1 Simko - direct 2 Q, Did Colgate ever share Colgate's 3 testing of talc with the FDA9 4 MR. HORTON: Same objection. 5 A. Not to my knowledge. 6 Q. Was the Analytical department 7 divided into sections? 8 A. Yes, it was. 9 Q. What were the sections in the 10 Analytical department? 11 A. There was one devoted to 12 competitive product analysis. There was a 13 wet chemistry section. There was a 14 separation section, which is where 15 chromatography was. There was an 16 instrumental section where I was. 17 Q. That's where you worked? 18 A. Yes. 19 Q. You were the section head of 20 instrumental? 21 A. Mainly instrumental, yes. 22 Q. Were you ever in any of the 23 other sections? 24 A. No. 25 O. Was the Analytical department. 58 ( Pa g es 226 t o 229) Friority-One Court Reporting Services, Inc. 2oB V Leelaad R oad, S u i l y 301, Floiridm P a ik , NJ 07932 718-983-1234 6201aa8a-a3e7 -4514-946a-6b6f53b61a6l Page 302 j 1 Simko - direct | 2 A. Yes. \ 3 MS. RAPHAEL: I think I'm out of ; 4 time; kind of hear a bell. j 5 MR. HORTON: It was a good time i 6 rather than starting something new. I 7 MS. RAPHAEL: Thank you, very ; 8 much i 9 (Deposition concluded at 4:54 i 10 pm .) \ 11 ; 12 i 13 i 14 1 5 ; 16 JOSEPH SIMKO ] 17 : 18 Subscribed and sworn to I 19 before me on this____ day j 20 o f___________________ , 2011. 1 21 I 22 | 2 3 NOTARY PUBLIC I 24 : 25 j Page 303 j 1 | 2 CERTIFICATE j 3 I, SERAFINA R. ZINCKGRAF, a \ 4 Certified Shorthand Reporter, Registered j 5 Professional Reporter and Notary Public of i 6 the State of New Jersey do hereby certify j 7 that prior to the commencement of the ) 3 examination the witness was duly sworn by me j 9 to testify the truth, the whole truth and : 10 nothing but the truth. i 11 IDO FURTHER CERTIFY that the ] 12 foregoing is a true and accurate transcript i 13 of the testimony as taken stenographically by \ 14 and before me at the time, place andonthe : 15 date hereinbefore set forth, to thebest of j 16 mv ability'. i 17 ' I DO FURTHER CERTIFY that I am j 18 neither a relative nor employee nor attorney : 19 nor counsel of any of the parties to the i 2 0 action; and that I am neither a relative nor j 21 employee of such attorney or counsel; and \ 2 2 that I am not financially interested in the j 2 3 action. < 24 i SERAFINA R. ZINCKGRAF, CSR, RPR i 25 ________ License No. XI01637 :j Priority-One Court Reporting Services, Inc. Z55 V ie eld iid R oad, S u i t a 301, F lo in am P d ik , NJ 07932 77 ( Pa ges 302 t o 303) 718-983-1234 62G1aa8a-a3e7-4514-946a-6b6f53b61a6l EXHIBIT 12