Document Rj7y8wYzNZzv32B1kKqOE5gJv

I PAUL MERRELL & CAROL VAN STRUM 7493 East Five Rivers Road Tideuater, Oregon 97390 Telephone: (503) 528-7151 Telefax: (503) 528-7105 FAX TRANSMITTAL. SHEET To: ie.- cJ& tA From: Y ^ / y transmitting from (503) 528-7105. Date: / / A / % ? Pages (including this sheet) / o Message: /*^ /Vfreww ?/g^ ____ !_____ 'fi** f a r - y ifm & t* / n ftj v t / jn (jfe & Q ^ /y o u f ---- ;-------------------- If you experienced any difficulties in receiving this transmission* please call (503) 528--7151. N o t e : We now have a separate fax line and can receive telefax messages automatically. If the message is urgent, please ,follow--up with a telephone message because the telefax receiver is in a remote locat ion. \ i TO: FROM: RE: DATE: MEMORANDUM John Michener cc: Gerson Smoger, via P. Montague Paul Merrell Gaffey v. Montague, et al November 4, 1993 Following this cover sheet, please find a number of items I've prepared as we agreed. The first item is a list of persons or entities that need to receive subpoenas, in addition to the subpoena duces tecum attachment sent yesterday by FedEx. Those whose names are followed by three asterisks need to receive a subpoena duces tecum along with their deposition notice. Only those with the asterisks should receive the "Attachment A" which is attached to this memo. (Please note that the list does not include addresses for two persons, Judith Zack and Raymond Suskind. Peter Montague is working on obtaining their addresses. If he is not successful this morning, I suggest that we serve Monsanto with Ms. Zack's subpoena and that we serve Dr. Suskind at the Kettering Research Institute in Cincinnati, Oh i o . I will be looking for an address for the latter organization and call you with it as soon as it is located.) The next item is the information I would like to see included in a Rule 30(b)(6) notice to Monsanto. I understand that you are also working on such a notice and will include your own materials.. The final item is our witness list. Gerson and I are very pleased that Gaffey has named George Carlo as his only expert. Carlo has been heavily involved in a Memorandum November l, 1993 Page 2 major dioxin scandal himself and was caught lying to a judge in Mississippi about being a lawyer as well as a scientist. We couldn't ask for a better break in this case. I enjoyed speaking with you the other day and look forward to working with you on this case. *c :\users\Tttsc\montague\memopm.001 r PERSONS TO BE SUBPOENAED FOR DEPOSITIONS: Judith Zack*** Address (P. Montague looking for) Raymond Suskind*** Address (P. Montague looking for) George Roush*** 10 Babbler Lane St. Louis, Mo. 63124 Emmett Kelly*** ,, R. Emmett Kelly & Associates 665 South Skinker S t . Louis, M o . 63105 Jan Yung*** Monsanto Company 800 North Lindbergh Blvd. St. Louis, Mo. 63167 Marcie Strauss*** % Monsanto Company 800 North Lindbergh Blvd. St. Louis, Mo. 63167 Mary Gaffey*** 11269 Pineside Drive S t . Louis, M o . 63146 William Gaffey 11269 Pineside Drive St. Louis, Mo. 63146 Dr. George Carlo (Plaintiff's expert; time and place to be arranged by stipulation) Persons designated as persons most knowledgable by Monsanto in response to PMK deposition notice(s) Monsanto Company 800 North Lindbergh Blvd. St. Louis, Mo. 63167 ATTACHMENT A At the time and place set by the attached subpoena for your deposition to be taken, produce the following records for inspec tion and copying to the extent that you or your attorney have them in your possession, custody, or control. 1. The most current version of your resume or curriculum vitae; 2. All documents you review to prepare for your deposition, as well as all documents discussing or referring to the same or similar subjects; 3. All documents you prepare in order to prepare for your deposition, such as but not limited to notes, outlines, or drawings; 4. If, in any other lawsuit, you have testified as a witness, had your deposition taken, or signed an affidavit, produce each and every affidavit and transcript of your testimony or deposition. If you do not have the original or a copy of each such document, produce any documents that state the title of the lawsuit, the name of the court in which it was filed, and the case number; 5. All documents discussing or referring in any way to studies of the health of persons exposed to dioxin at a Monsanto Company chemical plant in Nitro, West Virginia; 6. All documents having anything to do with such studies; and 7. All records of communications with the plaintiff William R. Gaffey discussing or referring in any way to this lawsuit. c :\ u s e r s \ s o \ B o n t a g u 8 \ s u b p o e n a .wp5 ATTACHMENT FOR MONSANTO 30(B)(6) NOTICE Please use the definitions provided in the attached subpoena duces tecum. Produce the person or persons most knowledgable about the following subjects: 1. The Monsanto corporate motivation for conducting the \ Nitro worker studies, including without limitation the identities and roles of all persons who participated in the proposal and decision to conduct the studies, the substance of their communica tions and records thereof including their present existence and location, the use or uses Monsanto officers and staff intended to and did make of the studies, and any and all instructions and guidance given to those responsible for implementation of the studies; 2. The universe of records of or referring to the Nitro worker studies that were acquired or generated by Monsanto or its agents or contractors, including without limitation their present existence, condition, location, retrievability, disclosability, and contents; to the extent such records are no longer in Monsanto's possession, custody, or control, the circumstances of their destruction or removal from Monsanto's possession, custody, or control including without limitation the motivation and authoriza tion for and identities of persons accomplishing such acts; 3. The particular role of plaintiff William R. Gaffey in the [i] proposal for, [ii] decision to conduct, and [iii] implementa tion of any or all of the Nitro worker studies; his role in activi ties involving the Nitro worker studies after their completion; his interactions with others in regard to the studies; the universe of records he generated, reviewed, and acquired in regard to the foregoing; and the present existence, condition, location, retrievability, disclosability, and contents of such records and, to the extent such records are no longer in Monsanto's possession, custody, or control, the circumstances of their destruction or removal from Monsanto's possession, custody, or control including without limitation the motivation and authorization for and identities of persons accomplishing such acts; 4. Information and reliability thereof that Monsanto officers, staff, contractors, and agents provided to other persons or entities who studied the same or overlapping populations of workers involved in the Nitro worker studies, including without limitation Dr. Marianne Moses and Dr. Marilyn Fingerhut; 5. The source(s), extent, and duration of dioxin contamina tion within, on the grounds o f , and in the area surrounding Monsanto's chemical manufacturing facility at Nitro, West Virginia, and any and all tests, analyses, and studies thereof including without limitation their methodologies and conduct, whether conducted by Monsanto, by others, or in conjunction with Monsanto; the extent to and circumstances under which any of the foregoing information was made available to plaintiff William R. Gaffey or his co-workers involved in the Nitro worker studies and if not made available all reasons therefor; all records of the foregoing, including their present existence, condition, location, retrievability, disclosability, and contents, and, to the extent such records are no longer in Monsanto's possession, custody, or control, the circumstances of their destruction or removal from Monsanto's possession, custody, or control including without limitation the motivation and authorization for and identities of persons accomplishing such acts? 6- All payments made by Monsanto to or for the benefit of plaintiff William R. Gaffey since his retirement from Monsanto; Monsanto's intent in regard to future use of Dr. Gaffey's services and expected remuneration therefor? and factors affecting whether and the extent to which Monsanto intends to make payments to Dr. Gaffey in the future. 7. The conduct, methods, and all results of any and all Monsanto investigations into whether any or all of the Nitro worker studies are scientifically valid or fraudulent? 8. All communications between or among Monsanto officers, staff, or agents with persons outside the company in regard to allegations that one or more of the Nitro worker studies are scientifically invalid and/or fraudulent, all Monsanto decisions and policies regarding the same, and implementation thereof; 9. The Monsanto personnel record of plaintiff William R. Gaffey? 10. All records of communications between Dr. George Carlo and Monsanto officers, staff, or agents; and 11. The authenticity, genuineness, and hearsay status of all records produced by Monsanto in response to the Defendants' concurrent subpoena duces tecum. TRIAL WITNESS LIST: Fact witnesses (may also testify within their areas of expertise) Dr. Cate Jenkins Cougar Associates 1660 Lanier Place, N.W. Washington, D.C. 20009 Judith Zack Raymond Suskind George Roush 10 Babbler Lane S t . Louis, M o . 63124 Emmett Kelly R. Emmett Kelly & Associates 665 South Skinker St. Louis, Mo. 63105 Janet Yung Monsanto Company 800 North Lindbergh Blvd. St. Louis, Mo. 63167 Marcie Strauss Monsanto Company 800 North Lindbergh Blvd. St. Louis, Mo. 63167 Mary Gaffey 11269 Pineside Drive St. Louis, Mo. 63146 William Gaffey 11269 Pineside Drive S t . Louis, Mo. 63146 Persons designated as persons most knowledgable by Monsanto in response to PMK deposition notice(s) Monsanto Company 1 800 North Lindbergh Blvd. St. Louis, Mo. 63167 Person to authenticate Monsanto records and testify regarding hearsay status Monsanto Company 800 North Lindbergh Blvd. St. Louis, Mo. 63167 Person to authenticate government records and testify regarding hearsay status Defendants reserve the right to call rebuttal witnesses not listed above Expert witnesses: Dr. Richard Clapp Center for Environmental Health Studies 210 Lincoln Street Boston, Mass. 02111 Dr. Devra Lee Davis OASH/HHS 200 Independence Avenue S.W. Room 718F Washington, D.C. 20201 Dr. Samuel Epstein University of Illinois-Chicago School of Public Health 2121 West Taylor Room 324 Chicago, 111. 60612 Dr. Ellen Silbergeld University of Maryland Dept, of Epidemiology Howard Hall, Suite 102A 660 West Redwood St. Baltimore, Md. 21201 Defendants reserve the right to call rebuttal witnesses not listed above 2