Document V3ErzBk4B6Gpo3M46ReR36p8N

FILE NAME: FISH DATE: 2008 May 6 DOC#: FISH007 DOCUM ENT DESCRIPTION: Legal-Deposition of Langston 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF LOS ANGELES 3 4 5 MANOLLAH SHAHABI and ) MAHIN SHAHABI, ) 6 ) Plaintiffs, ) 7 vs. ) ) Case No. BC 379085 8 ) A.W. CHESTERTON COMPANY, ) et a l ., ) ) 10 Defendants. ) ) 11 12 13 14 VIDEOTAPED DEPOSITION OF 15 PERSON MOST KNOWLEDGEABLE OF IS FISHER CONTROLS INTERNATIONAL, LLC 17 MICHAEL LANGSTON 18 TUESDAY, MAY 6, 2008 19- 20 21 22 Reported by: Gale M. Lucas, RMR, CRR, CLR 23 CSR No. 7899 24 25 2 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2. FOR THE COUNTY OF LOS ANGELES 3 4 5 AMANOLLAH SHAHABI and ) MAHIN SHAHABI, ) 6 ) Plaintiffs, ) 7 vs. ) ) Case No. BC 379085 8 ) A.W. CHESTERTON COMPANY, ) 9 et al., ) ) 10 Defendants. ) ) ir 12 13 14 15 16 Deposition of PERSON MOST KNOWLEDGEABLE OF 17 FISHER CONTROLS INTERNATIONAL, LLC, MICHAEL 18 LANGSTON, taken on behalf of .the Plaintiffs, at 19 222 North Sepulveda Boulevard, Suite 1900, 20 El Segundo, California, commencing from 10:09 a.m 21 to 3:58 p.m., Tuesday, May 6, 2008, before Gale M 22 Lucas, CSR No. 7899, RMR, CRR, CLR. 23 24 25 26 1 APPEARANCES s 2 3 FOR PLAINTIFFS: 4 WATERS & KRAUS, LLP BY: MARC I. WILLICK, ESQ. 5 222 North Sepulveda Boulevard Suite 1900 6 El Segundo, California 90245 (310) 414-8146 7 mwillick@waterskraus.com 8 FOR DEFENDANT FOSTER WHEELER: 9 BRYDON, HUGO & PARKER 10 BY: ROLAND E. TH, ESQ. 135 Main Street 11 20th Floor San Francisco, California 94105 12 (415) 808-0300 rthe@bhplaw.com 13 (Telephonic appearance) 14 FOR DEFENDANT FISHER CONTROLS INTERNATIONAL, LLC 15 FOLEY & MANSFIELD, PLLP 16 BY: T. ERIC SUN, ESQ. 1111 Broadway 17 10th Floor Oakland, California 94607 18 (510) 590-9500 esun@foleymansfield.com 19 20 21 22 23 24 25 26 4 1 APPEARANCES: (continued) 2 3 FOR DEFENDANTS FLUOR CORPORATION, FLUOR DANIEL ENGINEERS & CONSTRUCTORS, LTD; FLUOR INTERNATIONAL, 4 INC.; FLUOR MIDEAST LIMITED; MIDDLE EAST FLUOR; FLUOR CONSTRUCTORS INTERNATIONAL, INC.: 5 FOLEY & MANSFIELD, PLLP 6 BY: LISA ANNE COE, ESQ. 150 South Los Robles Avenue 7 Suite 400 Pasadena, California 91101 8 (626) 744-9359 lcoe@foleymansfield.com 9 (Telephonic appearance) 10 FOR DEFENDANT INGERSOLL-RAND COMPANY: 11 GORDON & REES, LLP 12 BY: BETHANY A. STAHLEY, ESQ. Embarcadero Center West 13 275 Battery Street 20th Floor 14 San Francisco, California 94111 (415) 986-5900 15 bstahley@gordonrees.com (Telephonic appearance) 16 17 FOR DEFENDANTS BECHTEL CONSTRUCTION COMPANY; BECHTEL CORPORATION; JOHN CRANE, INC.; SEQUOIA 18 VENTURES, I N C .: . 19 HASSARD BONNINGTON LLP BY: NICOLE T. ROBERTS, ESQ. 20 Two Embarcadero Center Suite 1800 21 San Francisco, California 94111-3993 (415) 288-9800 22 ntroberts@hassard.com (Telephonic appearance) 23 24. 25 26 1 APPEARANCES: (continued) 2 3 POR DEPENDANT CROWN, CORK & SEAL COMPANY1, INC. (sii to MNDET CORK COMPANY): 4 MORRIS POLICH & PURDY, LLP 5 BY: JENNIFER Y. WILLIAMS , ESQ. 1055 West Seventh Street 6 Suite 2400 Los Angeles, California 90017 7 (213) 891-9100 jwi11iamsOmpplaw.com 8 (Telephonic appearance) 9 FOR DEFENDANTS FISHER CONTROLS INTERNATIONAL, LLC 10 and EMERSON PROCESS MANAGEMENT POWER & WATER SOLUTIONS, INC.: 11 VON BRIESEN & ROPER, S.C. 12 BY: CARMEN N. ANDERSON, ESQ. 411 East Wisconsin Avenue 13 Suite 700 Milwaukee, Wisconsin 53202 14 (414) 276-1122 canderson@vonbriesen.com 15 16 FOR DEFENDANT ELLIOTT COMPANY, aka ELLIOTT TURBO MACHINERY: 17 WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP 18- BY: THOMAS G. SCULLY, ESQ. One City Boulevard West 19 Fifth Floor Orange, California 92868-3677 20 (714) 634-2522 tscully@wfbm.com 21 (Telephonic appearance) 22 Also present: 23 Sergio Esparza, Videographer 24 25 26 1 2 3 4 5 6 7 8 9 ' 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 INDEX WITNESS MICHAEL LANGSTON BY MR. WILLICK (Afternoon proceedings) NUMBER 1 2 3 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 17 17 150 7 1 INDEX (continued) 2 3 PLAINTIFFS' EXHIBITS 4 NUMBER DESCRIPTION 5 4 July 9,1980 letter to Mr. I.A. Schwabbauer, University Hygienic 6 Laboratory, from Paul Adams, Fisher Controls Company, with 7 related attachments (Bates- stamped calafish_10665 through 8 calafish_10683) (19 pages) 9 5 Document entitled "The Following Materials Have Been Approved: 10 Johns-Manville Style No. 2014, Garlock, Inc. No. 5561" (Bates- 11 stamped calafish_09927) (1 page) 12 6 May 5, 1994 Fisher Controls International document regarding 13 Asbestos Control (Bates-stamped calafish__00319 through 14 calafish_00330)(12 pages) 15 7 (Not marked) 16 8 Document entitled "Valve Manufacturers Association of 17. America Technical Seminar for New Packing & Gasket Materials, 18 Thursday-August 1, 1985, Four Seasons Hotel-Philadelphia, PA" 19 (Bates-stamped API 02780 through API 02783) (4 pages) 20 9 (Not marked) 21 22 23 24 25 26 PAGE 58 215 182 175 8 1 2 3 4 5 6 * 7 8 S 10 11 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) 11 (Not marked) 12 Fisher Controls Instruction Manual, 912 Series, Regulator Series (4 pages) PAGE 178 ' 218 INFORMATION REQUESTED: (None) QUESTIONS WITNESS INSTRUCTED NOT TO ANSWER: (None) 101 1 A. No, I did not. 2 Q. Okay. And reading further in the same 3 paragraph on calafishw_10670 in Exhibit 4: 4 "Both gasket types were being 5 handled when samples No. 1 and No. 2 6 were taken." 7 You agree that's what it says in this 8 document? 9 A. Yes, I do. 10 Q. Okay. And then thenext sentence is where 11 Mr. Adams tells Dr. Schwabbauer what he believes 12 the gaskets were made out of. He says, "The 13 asbestos types used on these gaskets are probably 14 chrysotile and crocidolite." 15 Do you agree that's what he tells 16 Mr. Schwabbauer here? 17 A. Yes.Mr. Schwabbauer, yes. 18 Q. Okay. Schwabbauer, however youpronounce 19 . it. 20 And do you have an understanding that 21 those are two types of asbestos that were used in 22 gaskets by Fisher Controls? 23 .* MS. ANDERSON: Objection; calls for 24 speculation, lacks foundation, assumes facts. 25 THE WITNESS: No, I don't. 26 1 MR. WILLICK: What was the question and 2 answer? 3 (The record was read as follows: 4 "Q. And do you hav.e an 5 understanding that those are two 6 types of asbestos that were used 7 in gaskets by Fisher Controls? 8 "A. No, I d o n 't.") 9 MR. WILLICK: Thank you. 10. BY MR. WILLICK: 11 Q. Do you dispute that Fisher Controls sold 12 these types of asbestos gaskets that were being 13 packaged here and that the samples were taken from? 14 MS. ANDERSON: Objection; argumentative. 15 THE WITNESS: No, I d o n 't. 16 BY MR. WILLICK: 17 Q. Do you have any understanding as to fiber 18 type for asbestos if there's any significance to 19 one fiber being chrysotile and the other being, 20 crocidolite? 21 A. No, I do not. 22- Q. In 1980, these documents -- we are now -- 23 we are still on page 10670. In July 11 of 1980, 24 Fisher had not eliminated -- well, in July 11 of 25 1980, had Fisher eliminated asbestos from its 26 Ill 1 and safety at Fisher ago? 2 A. Yes. 3 Q- Okay. Who else do you know here? 4 A. The other name on there is John Henshaw. 0 1 5 Q. Okay. is John Henshaw? 6 A. He, I believe, at the time was in charge 7 of Monsanto, department ESH, or safety and health. 8 Specifically, I don't know. 9 Q. Okay. He went on to become head of OSHA; 10 . right? 11 A. Yes, he did. 12 Q. Okay. And did you talk to John Henshaw 13 about -- have you ever talked to John Hehshaw? 14 A. Yes, I have. 15 Q. Okay. Have you talked to him about IS asbestos? 17 A. No, I have not. 18 Q. Okay. I take it.you -- why did you -- now 19 I'm curious. Why did you talk to John Henshaw? 20 A. It was a -- he's now in the consulting 21 world, and he came and spoke at aneventthat I was 22 at, and I had the opportunityto meet him and talk 23 to him. 24 Q. Okay. He makes good speeches, huh? 25 A. Yes. I enjoyed it. 26 112 1 Q.Did that speech have anything to do with 2 asbestos litigation or asbestos? 3 A. No, it did not. 4 Q. Now, Monsanto's industrial hygienists in 5 this document are performing a dust test for 6 various things at Monsanto or -- I'm sorry -- at 7 Fisher in Sherman; true? 8 MS. ANDERSON: Objection; lacks 9 foundation, assumes facts, calls for speculation. 10 THE WITNESS: I can't tell you whether or 11 not the gentleman that did the sampling, which 12 appears to be a Tom Blank, if he was a Monsanto 13 employee or a Fisher employee. 14 BY MR. WILLICK: 15 Q. Okay. Do you know whether or not when 16 Fisher was a subsidiary of Monsanto, if they wrote 17 memos on Monsanto stationery? 18 MS. ANDERSON: Objection; calls for 19 speculation. 20 BY MR. WILLICK: 21 Q. Like this one? 22 MS. ANDERSON: Objection. 23 THE WITNESS: I don't know that. 24 BY MR. WILLICK: 25 Q. Did you look for or did you ask Monsanto 26 162 1 time/ that needs to be added to the answer to 2 Interrogatory No. 4 on page 10 of Exhibit 3 to make 3 it more complete? 4 A. No. 5 Q. Can you go ahead and read the answer to 6 Interrogatory No. 4 into the record. .7 A. "Defendant incorporates the 8 preliminary statement and general 9 objections. Subject to and without 10 waiver of the foregoing# Fisher has 11 employed various industrial hygienists 12 and has employed medical personnel 13 over the years. The position of 14. director of environmental health and 15 safety was created in '83, with Ron 16 Allen as the Director. Mr. Allen 17 left his role in early 2003; his 18 interim replacement was Frank Canastar. 19 In October of 2004, Michael Langston 20 succeeded Mr. Canastar. -Mr. Langston 21 is the current director of environmental 22 health and safety. The industrial 23 hygiene position was created in 1985, 24 Glenn Johnson being named as the first 25 IH. Mr. Johnson served in this 26- 1 position until 1988. Colleen Allen 2 served in the position until 1991. 3 In 1991, Forrest Watts was named as 4 Fisher IH and is the current Manager 5 of Industrial Hygiene for Fisher. A 6 medical program is in place at two 7 North American plants, Marshalltown, 8 Iowa, and Sherman, Texas. The 9 Marshalltown medical program was in 10 place prior to 1965. The head nurse 11 was Wilma Wulke." I believe I 12 pronounced that right. "She was 13 succeeded first by Pat Jordan, and 14 then Rita Riskedahl (current). Dates 15 are not available for their employment 16 with Fisher. The Sherman medical 17 program has been in place since 1977` 18 and has had one head nurse, Nancy 19 Boatman." 20 Q. Besides Mr. Watts, did you try to contact 21 any of the people listed here in the answer to 22 Interrogatory No. 4 to prepare for your deposition 23 today? 24 A. No, I did not. 25 Q. Do you know any of these people? 26 201 1. asbestos-containing material applies for "Fisher 2 valves older than 199-" -- I'm sorry -- "Fisher 3 valves older than 1987 without a documented history 4 of packing or gasket replacement during previous 5 repair operations." 6 Do you see where I'm reading from this 7 document? 8 A. Yes, I do. 9 Q. Okay. And this presumption is put in this 10 document because it was more likely than not that 11 in a valve older than 1987, there would have been 12 asbestos gaskets and packing, at least at the time 13- of manufacture by Fisher? 14 A. That is the presumption, yes. 15 Q. Now go up to 1.1 in Appendix I. It says: 16 "Fisher Controls International 17 has performed intensive monitoring of 18 fibers (asbestos and non-asbestos) 19 generated while performing removals 20 utilizing both the 'wet' and 21 conventional 'dry' removal methods." 22 Now, have you seen the results of these 23 tests? 24 A. No, I have not. 25' Q. Okay. Did you look for these tests? 26 204 1 Q. Okay. Another thing it applies to is 2 stuffing boxes for packing or stems where packing 3 might be? 4 A. Yes. 5 Q. And these are practices that Fisher knew 6 were being used at the time this was written in the 7 document: wire brush, grinding wheel, blasting, or 8 compressed air? - 9 MS. ANDERSON: I will object as vague. 10 BY MR. WILLICK: 11 Q. By people cleaning off those surfaces. 12 MS. ANDERSON: Objection; vague, calls for 13 speculation. 14 Go ahead. 15 THE WITNESS: Whether we know it was used 16 or not, we knew it was what they preferred to do 17 because it would take less time. So by writing it 18 into a document such as this, it gives us the 19 ability to go out and say, "You cannot do that. 20 Here is where it says you can't do it. Here is why 21 you d o n 't want to do it." So that's why it's in 22 the document. 23 BY MR. WILLICK: 24 Q. Okay. Now, is this something that was in 25 the document in Version B when you were called upon 26