Document V3ErzBk4B6Gpo3M46ReR36p8N
FILE NAME: FISH DATE: 2008 May 6 DOC#: FISH007 DOCUM ENT DESCRIPTION: Legal-Deposition of Langston
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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MANOLLAH SHAHABI and
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MAHIN SHAHABI,
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Plaintiffs,
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vs.
) ) Case No. BC 379085
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A.W. CHESTERTON COMPANY, )
et a l .,
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Defendants.
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VIDEOTAPED DEPOSITION OF
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PERSON MOST KNOWLEDGEABLE OF
IS
FISHER CONTROLS INTERNATIONAL, LLC
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MICHAEL LANGSTON
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TUESDAY, MAY 6, 2008
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Reported by: Gale M. Lucas, RMR, CRR, CLR
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CSR No. 7899
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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AMANOLLAH SHAHABI and
)
MAHIN SHAHABI,
)
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Plaintiffs,
)
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vs.
) ) Case No. BC 379085
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A.W. CHESTERTON COMPANY, )
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et al.,
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Defendants.
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ir
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Deposition of PERSON MOST KNOWLEDGEABLE OF
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FISHER CONTROLS INTERNATIONAL, LLC, MICHAEL
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LANGSTON, taken on behalf of .the Plaintiffs, at
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222 North Sepulveda Boulevard, Suite 1900,
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El Segundo, California, commencing from 10:09 a.m
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to 3:58 p.m., Tuesday, May 6, 2008, before Gale M
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Lucas, CSR No. 7899, RMR, CRR, CLR.
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APPEARANCES s
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FOR PLAINTIFFS:
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WATERS & KRAUS, LLP
BY: MARC I. WILLICK, ESQ.
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222 North Sepulveda Boulevard
Suite 1900
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El Segundo, California 90245
(310) 414-8146
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mwillick@waterskraus.com
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FOR DEFENDANT FOSTER WHEELER:
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BRYDON, HUGO & PARKER
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BY: ROLAND E. TH, ESQ.
135 Main Street
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20th Floor
San Francisco, California 94105
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(415) 808-0300
rthe@bhplaw.com
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(Telephonic appearance)
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FOR DEFENDANT FISHER CONTROLS INTERNATIONAL, LLC
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FOLEY & MANSFIELD, PLLP
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BY: T. ERIC SUN, ESQ.
1111 Broadway
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10th Floor
Oakland, California 94607
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(510) 590-9500
esun@foleymansfield.com
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APPEARANCES: (continued)
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FOR DEFENDANTS FLUOR CORPORATION, FLUOR DANIEL
ENGINEERS & CONSTRUCTORS, LTD; FLUOR INTERNATIONAL,
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INC.; FLUOR MIDEAST LIMITED; MIDDLE EAST FLUOR;
FLUOR CONSTRUCTORS INTERNATIONAL, INC.:
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FOLEY & MANSFIELD, PLLP
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BY: LISA ANNE COE, ESQ.
150 South Los Robles Avenue
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Suite 400
Pasadena, California 91101
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(626) 744-9359
lcoe@foleymansfield.com
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(Telephonic appearance)
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FOR DEFENDANT INGERSOLL-RAND COMPANY:
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GORDON & REES, LLP
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BY: BETHANY A. STAHLEY, ESQ.
Embarcadero Center West
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275 Battery Street
20th Floor
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San Francisco, California 94111
(415) 986-5900
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bstahley@gordonrees.com
(Telephonic appearance)
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FOR DEFENDANTS BECHTEL CONSTRUCTION COMPANY;
BECHTEL CORPORATION; JOHN CRANE, INC.; SEQUOIA
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VENTURES, I N C .:
.
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HASSARD BONNINGTON LLP
BY: NICOLE T. ROBERTS, ESQ.
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Two Embarcadero Center
Suite 1800
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San Francisco, California 94111-3993
(415) 288-9800
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ntroberts@hassard.com
(Telephonic appearance)
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24.
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APPEARANCES: (continued)
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POR DEPENDANT CROWN, CORK & SEAL COMPANY1, INC.
(sii to MNDET CORK COMPANY):
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MORRIS POLICH & PURDY, LLP
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BY: JENNIFER Y. WILLIAMS , ESQ.
1055 West Seventh Street
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Suite 2400
Los Angeles, California 90017
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(213) 891-9100
jwi11iamsOmpplaw.com
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(Telephonic appearance)
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FOR DEFENDANTS FISHER CONTROLS INTERNATIONAL, LLC
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and EMERSON PROCESS MANAGEMENT POWER & WATER
SOLUTIONS, INC.:
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VON BRIESEN & ROPER, S.C.
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BY: CARMEN N. ANDERSON, ESQ.
411 East Wisconsin Avenue
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Suite 700
Milwaukee, Wisconsin 53202
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(414) 276-1122
canderson@vonbriesen.com
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FOR DEFENDANT ELLIOTT COMPANY, aka ELLIOTT TURBO
MACHINERY:
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WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP
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BY: THOMAS G. SCULLY, ESQ.
One City Boulevard West
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Fifth Floor
Orange, California 92868-3677
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(714) 634-2522
tscully@wfbm.com
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(Telephonic appearance)
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Also present:
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Sergio Esparza, Videographer
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INDEX
WITNESS MICHAEL LANGSTON
BY MR. WILLICK (Afternoon proceedings)
NUMBER 1
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PLAINTIFFS' EXHIBITS DESCRIPTION
First Amended Notice of Taking Videotaped Deposition of Person Most Knowledgeable and Request for Production of Documents of Defendant Fisher Controls Internatinal, LLC, dated March 19, 2008 (19 pages) Notice of Ruling Re Plaintiffs Ex Parte Application to Compel the Deposition of Fisher Controls International, LLC's Person Most Knowledgeable, dated April 29, 2008 (5 pages)
Defendant Fisher Controls International, L.L.C.'s Second Amended Responses to Plaintiffs Interrogatories and Requests for Production of Documents, dated June 18, 2007 (26 pages)
PAGE 11
147 PAGE
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150
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INDEX (continued)
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PLAINTIFFS' EXHIBITS
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NUMBER
DESCRIPTION
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4
July 9,1980 letter to Mr. I.A.
Schwabbauer, University Hygienic
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Laboratory, from Paul Adams,
Fisher Controls Company, with
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related attachments (Bates-
stamped calafish_10665 through
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calafish_10683) (19 pages)
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Document entitled "The Following
Materials Have Been Approved:
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Johns-Manville Style No. 2014,
Garlock, Inc. No. 5561" (Bates-
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stamped calafish_09927) (1 page)
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May 5, 1994 Fisher Controls
International document regarding
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Asbestos Control (Bates-stamped
calafish__00319 through
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calafish_00330)(12 pages)
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(Not marked)
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Document entitled "Valve
Manufacturers Association of
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America Technical Seminar for
New Packing & Gasket Materials,
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Thursday-August 1, 1985, Four
Seasons Hotel-Philadelphia, PA"
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(Bates-stamped API 02780 through
API 02783) (4 pages)
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(Not marked)
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PAGE 58
215 182
175
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1 2 3 4 5
6 *
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S
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12 13 14 15 . 16 17 18 19 20 21 2223 24 25 26
INDEX (continued)
NUMBER 10
PLAINTIFFS' EXHIBITS DESCRIPTION
Document entitled "Valve Manufacturers Association of America Technical Seminar for New Packing & Gasket Materials, Thursday-August 1, 1985, Four Seasons Hotel-Philadelphia, PA" (Bates-stamped API 02769 through API 02770) (2 pages)
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(Not marked)
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Fisher Controls Instruction
Manual, 912 Series, Regulator
Series (4 pages)
PAGE 178
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INFORMATION REQUESTED: (None)
QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER: (None)
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A. No, I did not.
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Q. Okay. And reading further in the same
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paragraph on calafishw_10670 in Exhibit 4:
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"Both gasket types were being
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handled when samples No. 1 and No. 2
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were taken."
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You agree that's what it says in this
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document?
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A. Yes, I do.
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Q. Okay. And then thenext sentence is where
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Mr. Adams tells Dr. Schwabbauer what he believes
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the gaskets were made out of. He says, "The
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asbestos types used on these gaskets are probably
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chrysotile and crocidolite."
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Do you agree that's what he tells
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Mr. Schwabbauer here?
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A. Yes.Mr. Schwabbauer, yes.
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Q. Okay. Schwabbauer, however youpronounce
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And do you have an understanding that
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those are two types of asbestos that were used in
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gaskets by Fisher Controls?
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MS. ANDERSON: Objection; calls for
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speculation, lacks foundation, assumes facts.
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THE WITNESS: No, I don't.
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MR. WILLICK: What was the question and
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answer?
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(The record was read as follows:
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"Q. And do you hav.e an
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understanding that those are two
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types of asbestos that were used
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in gaskets by Fisher Controls?
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"A. No, I d o n 't.")
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MR. WILLICK: Thank you.
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BY MR. WILLICK:
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Q. Do you dispute that Fisher Controls sold
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these types of asbestos gaskets that were being
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packaged here and that the samples were taken from?
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MS. ANDERSON: Objection; argumentative.
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THE WITNESS: No, I d o n 't.
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BY MR. WILLICK:
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Q. Do you have any understanding as to fiber
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type for asbestos if there's any significance to
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one fiber being chrysotile and the other being,
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crocidolite?
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A. No, I do not.
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Q. In 1980, these documents -- we are now --
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we are still on page 10670. In July 11 of 1980,
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Fisher had not eliminated -- well, in July 11 of
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1980, had Fisher eliminated asbestos from its
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Ill
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and safety at Fisher ago?
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A. Yes.
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Q- Okay. Who else do you know here?
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A. The other name on there is John Henshaw.
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Q. Okay.
is John Henshaw?
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A. He, I believe, at the time was in charge
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of Monsanto, department ESH, or safety and health.
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Specifically, I don't know.
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Q. Okay. He went on to become head of OSHA;
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A. Yes, he did.
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Q. Okay. And did you talk to John Henshaw
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about -- have you ever talked to John Hehshaw?
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A. Yes, I have.
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Q. Okay. Have you talked to him about
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asbestos?
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A. No, I have not.
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Q. Okay. I take it.you -- why did you -- now
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I'm curious. Why did you talk to John Henshaw?
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A. It was a -- he's now in the consulting
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world, and he came and spoke at aneventthat I was
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at, and I had the opportunityto meet him and talk
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to him.
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Q. Okay. He makes good speeches, huh?
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A. Yes. I enjoyed it.
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112
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Q.Did that speech have anything to do with
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asbestos litigation or asbestos?
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A. No, it did not.
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Q. Now, Monsanto's industrial hygienists in
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this document are performing a dust test for
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various things at Monsanto or -- I'm sorry -- at
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Fisher in Sherman; true?
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MS. ANDERSON: Objection; lacks
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foundation, assumes facts, calls for speculation.
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THE WITNESS: I can't tell you whether or
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not the gentleman that did the sampling, which
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appears to be a Tom Blank, if he was a Monsanto
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employee or a Fisher employee.
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BY MR. WILLICK:
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Q. Okay. Do you know whether or not when
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Fisher was a subsidiary of Monsanto, if they wrote
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memos on Monsanto stationery?
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MS. ANDERSON: Objection; calls for
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speculation.
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BY MR. WILLICK:
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Q. Like this one?
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MS. ANDERSON: Objection.
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THE WITNESS: I don't know that.
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BY MR. WILLICK:
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Q. Did you look for or did you ask Monsanto
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162
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time/ that needs to be added to the answer to
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Interrogatory No. 4 on page 10 of Exhibit 3 to make
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it more complete?
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A. No.
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Q. Can you go ahead and read the answer to
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Interrogatory No. 4 into the record.
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A. "Defendant incorporates the
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preliminary statement and general
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objections. Subject to and without
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waiver of the foregoing# Fisher has
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employed various industrial hygienists
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and has employed medical personnel
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over the years. The position of
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director of environmental health and
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safety was created in '83, with Ron
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Allen as the Director. Mr. Allen
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left his role in early 2003; his
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interim replacement was Frank Canastar.
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In October of 2004, Michael Langston
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succeeded Mr. Canastar. -Mr. Langston
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is the current director of environmental
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health and safety. The industrial
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hygiene position was created in 1985,
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Glenn Johnson being named as the first
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IH. Mr. Johnson served in this
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position until 1988. Colleen Allen
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served in the position until 1991.
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In 1991, Forrest Watts was named as
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Fisher IH and is the current Manager
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of Industrial Hygiene for Fisher. A
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medical program is in place at two
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North American plants, Marshalltown,
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Iowa, and Sherman, Texas. The
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Marshalltown medical program was in
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place prior to 1965. The head nurse
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was Wilma Wulke." I believe I
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pronounced that right. "She was
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succeeded first by Pat Jordan, and
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then Rita Riskedahl (current). Dates
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are not available for their employment
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with Fisher. The Sherman medical
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program has been in place since 1977`
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and has had one head nurse, Nancy
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Boatman."
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Q. Besides Mr. Watts, did you try to contact
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any of the people listed here in the answer to
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Interrogatory No. 4 to prepare for your deposition
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today?
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A. No, I did not.
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Q. Do you know any of these people?
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201
1. asbestos-containing material applies for "Fisher
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valves older than 199-" -- I'm sorry -- "Fisher
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valves older than 1987 without a documented history
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of packing or gasket replacement during previous
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repair operations."
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Do you see where I'm reading from this
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document?
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A. Yes, I do.
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Q. Okay. And this presumption is put in this
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document because it was more likely than not that
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in a valve older than 1987, there would have been
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asbestos gaskets and packing, at least at the time
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of manufacture by Fisher?
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A. That is the presumption, yes.
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Q. Now go up to 1.1 in Appendix I. It says:
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"Fisher Controls International
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has performed intensive monitoring of
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fibers (asbestos and non-asbestos)
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generated while performing removals
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utilizing both the 'wet' and
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conventional 'dry' removal methods."
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Now, have you seen the results of these
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tests?
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A. No, I have not.
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Q. Okay. Did you look for these tests?
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204
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Q. Okay. Another thing it applies to is
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stuffing boxes for packing or stems where packing
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might be?
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A. Yes.
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Q. And these are practices that Fisher knew
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were being used at the time this was written in the
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document: wire brush, grinding wheel, blasting, or
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compressed air?
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MS. ANDERSON: I will object as vague.
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BY MR. WILLICK:
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Q. By people cleaning off those surfaces.
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MS. ANDERSON: Objection; vague, calls for
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speculation.
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Go ahead.
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THE WITNESS: Whether we know it was used
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or not, we knew it was what they preferred to do
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because it would take less time. So by writing it
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into a document such as this, it gives us the
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ability to go out and say, "You cannot do that.
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Here is where it says you can't do it. Here is why
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you d o n 't want to do it." So that's why it's in
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the document.
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BY MR. WILLICK:
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Q. Okay. Now, is this something that was in
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the document in Version B when you were called upon
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