Document XOZMZnz4mG33D9xDjxOwGoE0d

HAROLD RIDDAR Page 1 1 No. 00-03612-J 2 MONTY JOE DUNAGAN, et al., ) IN THE DISTRICT COURT PLAINTIFFS, VS . GAF CORPORATION, et al. , ) ) DALLAS COUNTY, TEXAS ) 6 DEFENDANTS. 7 191ST JUDICIAL DISTRICT 8 CERTIFICATE OF NON-APPEARANCE OF 9 HAROLD RIDDAR 10 SEPTEMBER 17, 2002 11 12 DUPLICATE FILE COPY 13 14 15 I, Leanna Lynch, a Certified Shorthand Reporter 16 in and for the State of Texas, hereby certify to the 17 following facts, to wit: 18 That on the 17th day of September, 2002, 19 at 1:00 P.M., I personally appeared at the offices of 20 Baron & Budd, located at 310 Oak Lawn Avenue, Suite 21 1100, Dallas, Texas, for the purpose of reporting the 22 Oral Deposition of HAROLD RIDDAR, on behalf of Counsel 23 for the Plaintiffs, MONTY JOE DUNAGAN, et al., pursuant 24 to said Notice, and that Counsel for MONTY JOE DUNAGAN, 25 et al., also appeared. HENJUM GOUCHER REPORTING SERVICES, L. P. 1-888-656-3376 d69d6da3-cecc-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR 1 APPEARANCES 2 3 FOR THE PLAINTIFF: MR. WESLEY YOUNG 4 BARON & BUDD, P.C. 310 Oak Lawn Avenue 5 Suite 1100 Dallas, Texas 75202 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 2 HENJUM GOUCHER REPORTING SERVICES. L. P. 1-888-656-3376 d69d6da3-cecc-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR Page 3 1 PROCEEDINGS 2 MR. YOUNG: This is Wesley Young, attorney 3 for the plaintiff in Cause No. 00-03612-J, filed in the 4 191st Judicial District in Dallas County. I'm attaching 5 as Exhibit 1, Plaintiff's Notice of Intention to Take 6 the Oral Deposition of Harold Riddar. It was scheduled 7 to commence at 1:00 P.M. on September 17, 2002 at the 8 law offices of Baron & Budd. It is now approximately 9 1:30 on September 17, 2002 and no witness has appeared 10 and no legal counsel has appeared for the defendant. 11 Plaintiff is taking a Certificate of 12 Non-Appearance in this deposition. I'm also attaching 13 Exhibit 2, which is the faxed confirmation that the 14 defendant received, the Notice of Oral Deposition of 15 Harold Riddar. And just to clarify, Harold Riddar is 16 the corporate representative of Babcock Borsig Powers, 17 Inc., also known as Riley Stoker. 18 Plaintiff also moves to strike any 19 objections to the document requests served subject to 20 the Subpoena Duces Tecum. These document requests were 21 served more than 30 days before this deposition date, 22 and since no one has appeared and we have not received 23 any objections to these document requests, we'll move to 24 strike any objections. I also want to note that we have 25 not received any motion to quash in this case for this HENJUM GOIJCHER REPORTING SERVICES. L. P. 1-888-656-3376 d69d6da3-cecc-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR HENJUM GOUCHER REPORTING SERVICES. L. P. 1-888-656-3376 d69d6da3-cecc-11 d6-8bd5-0010b5db9e45 HAROLD RIDDAR 1 STATE OF TEXAS ) Page 5 2 I, Leanna Lynch, Certified Shorthand 3 Reporter in and for the State of Texas, do hereby 4 certify that the above and foregoing contains a true and 5 correct transcription of the proceedings. 6 Given under my hand and seal of offices on 7 this 33 day of , A. D. , 2002. 8 9 10 11 LEANNA LYNCH, CSR 7187 Certification Expires 12/31/04 12 HENJUM GOUCHER REPORTING SERVICES, L.P. 2501 Oak Lawn Avenue 13 Suite 435 Dallas, Texas 75219 14 15 16 17 18 19 20 21 22 23 24 25 HENJUM GOUCHER REPORTING SERVICES. L. P. 1-888-656-3376 d69d6da3-cecc-11 d6-8bd5-0010b5db9e45 FREDERICK M BARON RUSSELL W. BUOD BRENT M. ROSENTHAL JSAA. BLUE, PH D UARtE SKEIN* STEVEN D. WOtENS MELISSA K. HUnS STEVE BAUGHMAN JENSEN ALLEN M. STEWART RICHARD). NEMEROFF USA R. WVETT LEANNEJACKSON LAURA BAUGHMAN ELIZABETH fl. SCHICK LAURIE J MEGGESN LAOO R COKE ALAN 8 RICH ELLEN A. PRESBY SPECIAL COUNSEL SCOTT 5UMMY DIANE M. ANDREW* SAM T. RICHARD CHRISTINA E MANCUSO SCOTT MORRISON WESLEY K. YOUNG STEPHEN C. JOHNSTON MISTY A. FARRIS WIlUAM K. TAPSCOTT, JR. ASHLEY HIGGINS JETER BEN K DUBOSE AMY j SHAHAN TAERI M OH SUSANL BOZORTH* ANN TUTOKY HARPER CAREN LOCK HANSON KM LEVINGSTON LAWRENCE G. GETTYS* KEVIN D MCHARGUE ALICIA D. BUT.ER KAMELAA WLKWSON `PATRICK O'NEAL Gary D. Elliston DeHay & Elliston 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202 Baron & Budd A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELORS THE CENTRUM 3102 OAK LAWN AVENUE SUITE 1100 DALLAS. TEXAS 75219-4281 (214)521*3605 TELECOPIER (214) 520-1181 August 16, 2002 .OHNE ANSBACH ANDREA S. BOURNE VIRGINIA L ADAMS JOYCELL M. HOLLINS MARTY A MORRIS LAURAM CABUTTO IGNACIO BARBERO TAD GROUND JAMES O. PIEL SCOTT R. FRIEUNG THOMAS M. SIMS JOHN J SPILLANE DANA M. GRAY NATALIE F. DUNCAN MONTY WADE SUUJVAN ALIEN R. VAUGHT AMY M CARTER FRANK E. GOOORK> CARLA M BURKE SCOTT L. FROST TIFFANY NEWUN CRAIG M. SCHUMACHER JACQUELINE MONTEJANO 3 ANN SAUCER JUUANNE J MAERSCHEl BRIAN P. MN REY FERNANDEZ EDMOND L. MARTIN DONNA J. BLEVINS STEPHAME N. BROOKS DAS/IDT RITTER CHRIS J. PANATIER J KAMA DAVIS ANGELA R OWENS RENEE M5UU4CON `THERESA L. NELSON D. CARL MONEY JILLG. VANPERPLOEG CELESTE A EVANGELIST! `MICHAEL R ROSS `LICENSED IN STATES OTHER THAN TEXAS Re: Monty Joe Dunagan et al. v. GAF CORPORATION et al. Cause No. 00-03612-J; !<USTJUDICIAL DISTRICT; DALLAS (DALLAS Co) TX Dear Counsel: Enclosed please find a Notice of Intention to take the Oral Deposition of Harold Riddar and Subpoena Duces 1 wcum in the above-referenced matter. Sincerely, BARON & BUDD, P.C. CLH:kg Enclosures cc: All Counsel of Record - Via Fasciinile Caren Lock Hanson J \ATTYS\CZH\COR\Elliston 081602 d.wpd MONTY JOE DUNAGAN, et al., Plaintiff(s), VS. GAF CORPORATION et al., Defendant(s). NO. 00-03 612-J IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 191 ST JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE THE ORAL DEPOSITION OF HAROLD RIDDAR AND SUBPOENA DUCES TECUM TO: BABCOCK BORSIG POWERS, INC. (f/k/a D. B. RILEY, INC., f/k/a RILEY STOKER, CORPORATION), by and through its counsel of record, Gary Elliston, DeHay & Elliston, 3500 Bank of America, 901 Main Street, Dallas, Texas 75202. Fiaintiff Monty Joe Dunagan will take the oral deposition of Mr. Harold Riddar, the Corporate Representative for BABCOCK BORSIG POWERS, INC. (f/k/a D. B. RILEY, INC., f/k/a RILEY STOKER. CORPORATION), ("Riley Stoker") commencing at 1:00 p.m., on September 17, 2002 and continuing thereafter from day to day until completed. The deposition will be held at the law offices of Baron & Budd, P C., 310 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219, telephone (214) 521-3605. You are invited to attend and cross-examine the witness. The Deponent should also produce for inspection and copying, in accordance with TEX.R.ClV.P. 199.2(5) (or at such time and at such location as the parties may agree), the documents requested in the attached Subpoena Duces Tecum and listed under the heading "Document Requests." For your convenience, we have attached Plaintiffs Work History Sheets. DOCUMENT REQUESTS 1. All Riley-Stoker engineering standards manuals. . 2. All documents relating to the design, preparation or introduction into the market or stream of commerce of any asbestos-containing products manufactured, sold, installed, used, supplied or NOTICE OF fNTENTlQN TO TAKE ORAL DEPOSITION - Page 1 J:\PLEADINGS\NOTICE-RILEY.wpd distributed by Defendant or any subsidiary, predecessor or affiliated company. These documents include, but are not limited to, written memoranda, specifications, recommendations, blueprints, and other written materials of any kind or character. 3. All Ri ley Stoker Engineering Standards referencing block insulation, gaskets, packing, pipe covering or insulation, millboard, raw asbestos, asbestos spray, rope, refractory, and other thermal insulation which are normally denoted "ES TE-__" on diagrams you produced to us. These are referenced in numerous places when insulation is discussed. Please ensure that Engineering Standards "TE-3," "TE-16," "BK-119-3," "TE-12-2," "TE12-4," "TE16," "TE-12," "C-56," "C-A2," "C-A14-6," "CA14-6," and `T'E-3-11" are all included. 4. All engineeringdrawings and specifications for each ofDefendant's boilers present at Plaintiff s job sites. 5. All sales bids for block insulation, gaskets, packing, pipe covering or insulation, millboard, raw asbestos, asbestos spray, rope, refractory, and other thermal insulation asbestos-containing materials specified for use or intended to be installed on each of Defendant's boilers present at Plaintiffs job sites. 6. All documents relating to the specification of asbestos-containing products to be used in connection with Defendant's package boilers. 7. All of Defendant's service manuals for each of Defendant's boilers present at Plaintiffs job sites. k. All engineering standards for each of Defendant's boilers present at Plaintiffs job sites. 9. All documents related or pertaining to acquisition by Defendant or any predecessor or subsidiary or related company of the assets, stock, property, rights, holdings or liabilities of each and all ofthose entities. 10. All documents related or pertaining to the assignment or lack thereof of any assets and liabilities by Defendant's predecessors or subsidiaries to Defendant or to any predecessor, successor, subsidiary or related company, any and all documents related or pertaining to the potential liability of Defendant for the sale, supply, use, manufacture, marketing, installation, supply and/or distribution of asbestos products by Defendant and its related entities. 11. All documents related or pertaining to any judicial decision on the issue of Defendant's liability for the acts of any subsidiaries or predecessors. 12. All documents in Defendant's or any subsidiary's or predecessor's possession relating to insurance or insurance coverage proceeds that would or could indemnify Defendant for any losses sustained as a result of any cause of action brought by Plaintiffs. 13. All photographs of any asbestos-containing products manufactured, used, marketed, sold, installed, supplied and/or distributed by Defendant or any subsidiary, predecessor or affiliated company, including such products that are packaged at the time the photograph was taken and products that were not packaged at the time the photograph was taken. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 2 C:YWIN DOWS\TEMP\NOTICE-RILEY.wpd 14. All photographs of any warning labels that were provided or placed on any asbestos-containing product or any packaging for any asbestos-containing product manufactured, supplied, used, sold, installed, supplied and/or distributed by Defendant or any subsidiary, predecessor or affiliated company. 15. All documents reflecting profits made from the manufacture, use, sale, distribution, supply, installation or marketing of any products manufactured, sold, distributed, installed, supplied or marketed by the Defendant or a predecessor, subsidiary or affiliate company that contained any amount of asbestos or asbestos fibers. 16. All documents reflecting or relating to testing, preparation for tests and/or the results of tests conducted to determine potential health hazards resulting from the use of materials, including but not limited to asbestos, contained in asbestos-containing products before such products were first manufactured, used, marketed, sold, installed, supplied or distributed by Defendant or any subsidiary, predecessor or affiliated company. This specifically includes, but is not limited to, any written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character related to the testing of any of Defendant's or any subsidiary's, predecessor's or affiliated company's asbestos-containing products prior to their initial sale or distribution. 17. All documents related in any way to testing of Defendant's or any predecessor's, subsidiary's or affiliated company's asbestos-containing products after the products had first been released, sold, distributed, manufactured, installed or marketed. This includes, but is not limited to, written memoranda, specifications, recommendations, blueprints, or other written materials of any kind or character relating to the potential health hazards of Defendant's or any of its predecessor's, subsidiary's or affiliated company's asbestos-containing products or of the asbestos contained in such products. 18. All printed material, including brochures, pamphlets, catalogues, packaging or other written material of any kind or character containing any warnings concerning the possibility of injury resulting from the use ofasbestos-containing products manufactured, sold, installed, supplied and/or distributed by the Defendant or any predecessor, subsidiary or affiliated company. 19. All written agreements, or documents reflecting or related to such agreements, for the distribution, marketing, manufacture, installation, supply, use, and/or sale of Defendant's asbestos-containing products by an entity other than Defendant or its subsidiaries, predecessors or related companies. 20. All documents, books, pamphlets, memoranda, articles or written materials of any kind or character that would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings and that have been maintained in the possession of Defendant, or any subsidiary or affiliated company. 21. All publications, minutes, circulars, magazines or reports, published, written, or disseminated by any trade organization or association comprised of other manufacturers, miners, marketers, installers and/or sellers of products containing asbestos to which Defendant, any subsidiary, predecessor or affiliated company belonged at any time since 1930. 22. All documents reflecting any agreements, or stating any agreements to which Defendant or any subsidiary, predecessor, or affiliated company are a party to purchase asbestos or products containing asbestos from any other company or entity. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 3 C:\WINDOWS\TEMP\NOTICE-RlLEY.wpd 23. All printed sales materials prepared by Defendant or any of its subsidiary or predecessor companies or other agents for purposes of marketing, advertising and/or assisting sales of any products containing asbestos that were manufactured, sold, installed, supplied, used, or distributed by Defendant or any of its subsidiary, predecessor or affiliated companies. 24. All written documentation relating to or stating the results of any studies or surveys including, incorporating or stating the proposition that asbestos products or products containing asbestos could be manufactured or designed so as to eliminate potential health hazards to persons working with or using them. 25. All documents reflecting or stating a "re-branding" agreement between Defendant or any of its subsidiaries, predecessors or affiliated companies and any other company at any time since 1930. 26. All documents reflecting workers' compensation claims or workers' compensation lawsuits brought against Defendant or any of its subsidiaries, predecessors or affiliated companies or any of the compensation carriers, that allege that an individual contracted a disease from inhaling asbestos fibers or from inhaling unknown dust. 27. All documents reflectingthe minutes of corporate meetings of any kind or nature, whether of boards of directors, departments, or otherwise, which reflect or relate to asbestos, asbestos health hazards or asbestos products. 28. All invoices, shipping documents, bills of lading, purchase orders, or other documents of a similar nature relating to the mining, manufacture, marketing, sale, use, supply, installation or distribution of asbestos or asbestos-containing products. 29. All documents reflecting the acquisition through purchase, reorganization, or merger of another company by Defendant that manufactured, sold, processed, distributed, installed or supplied asbestos or products containing asbestos at any time since 1930. 30. All documents reflecting any studies, or the results of any studies, designed to assist in minimizing or eliminating the inhalation of asbestos dust and fibers by Defendant's or any of its subsidiaries, predecessors or affiliated companies, workers and/or those of any subsidiary, predecessor, or affiliated company and/or those otherwise exposed to Defendant's asbestos-containing products. 31. All documents related in any way to the threshold limit values or maximum allowable concentrations of asbestos dust and total dust provided by the American Conference of Governmental Industrial Hygienists. 32. All documents reflecting or related to any tests, or the results of any tests, that Defendant or any of its subsidiaries, predecessors or affiliated companies ever made or completed, or had made or completed on its behalf, or reviewed, related to the quantity, quality, or threshold limit values, of asbestos dust or particles to which workers were exposed while using, working with or around, manufacturing or fabricating, or installing asbestos-containing products manufactured by Defendant or any of its subsidiaries, predecessors or affiliated companies. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 4 C:\WlNDOWS\TEMP\NOTICE-RILEY.wpd 33. All documents reflecting written guidelines or instructions or otherwise indicating in any way the purpose, nature and/or accomplishments ofany research department established by Defendant or any of its subsidiaries, predecessors or affi liated companies, or any independent company that contracted with Defendant to provide research services, at any time since 1930. 34. All documents reflecting written guidelines or instructions or otherwise indicating in any way the purpose, nature, advice and/or accomplishments ofany medical department established by Defendant or any of its subsidiaries, predecessors or affiliated companies, or any independent company that contracted with Defendant to provide medical services or advice, at anytime since 1930. 35. All documents reflecting or relating to the recall ofany asbestos-containing products from the market or stream ofcommerce by Defendant or any of its subsidiaries, predecessors or affiliated companies, or related to a decision by any ofthose entities to cease manufacturing, fabricating, selling, installing and/or distributing products containing asbestos. 36. All documents reflecting the physical or chemical composition, makeup or breakdown of any and all asbestos-containing products or components of products manufactured, used, marketed, sold, installed, supplied and/or distributed by the Defendant or any of its subsidiaries, predecessors or affiliated companies. 37. All documents reflecting the disposition or settlement of any claims for workers' compensation benefits against Defendant or any of its subsidiaries, predecessors or affiliated companies, or the workers' compensation carriers ofany and all ofthose entitles that alleged an injury from inhalation of asbestos fibers or exposure to asbestos-containing products or dust of an unspecified origin. 38. All documents reflecting the receipt of raw asbestos, or the receipt of products containing asbestos, the date or dates they were received or shipped, the amounts received or shipped, or other information regarding shipment of raw asbestos or asbestos-containing products to or by Defendant or any of its subsidiaries, predecessors or affiliated companies. 39. All documents related in any way to the discovery, initial comprehension, or first learning by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause asbestosis. 40. All documents related in any way to the discovery, initial comprehension or first learning by Defendant or any of its subsid iaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause pleural thickening. 41. All documents related in any way to the discovery, initial comprehension or first learning by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause lung cancer. 42. All documents related in any way to the discovery, initial comprehension or first learning, by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause types of cancer other than lung cancer. 43. All documents related in any way to the discovery, initial comprehension or first learning, by Defendant or any of its subsidiaries, predecessors or affiliated companies that asbestos and exposure to asbestos fibers can cause mesothelioma. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 5 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 44. All documents reflecting or related to Defendant's or any of subsidiary's, predecessor's or affiliated company's policies concerning employee safety and the avoidance of accidents, including, but not limited to safety' brochures, guidelines, bulletins, publications, safety meeting minutes, and/or safety guidelines. . 45. All documents related to work accidents sustained by any of Defendant's or any of its subsidiary's, predecessor's or affiliated company's employees involving the inhalation of fumes, gases or dusts and safety guidelines related to such inhalation, including but not limited to all accident reports or other written materials related in anyway to injuries resulting from such inhalations. 46. All documents reflecting or related to Defendant's or any of its subsidiary's, predecessor's or affiliated company's right to contractual indemnity or indemnification from any person, corporation, or business entity for any damages, or potential damages, sustained or that could be sustained, or lawsuits that might or could be filed as the result of the manufacture, sale, supply, installation and distribution ofany products containing asbestos by Defendant or any ofits subsidiaries, predecessors or affiliated companies. 47. All chart(s) of an organizational nature demonstrating Defendant's relationship with its subsidiaries (both foreign and domestic), predecessors, and any other related companies or entities from 1930 to the present. 48. All documents ever written by the Deponent, or ever in the Deponent's custody, possession or control, reflecting or relating to the testing, preparation for tests and/or the results oftests conducted to determine potential health hazards from the use of asbestos-containing products, or the inhalation of asbestos or asbestos fibers, 49. All printed material distributed, written by the Deponent, or ever in the Deponent's custody, possession or control, including brochures, pamphlets, catalogs, packaging or other written material of any kind or character containing any warnings concerning the possibility of injury resulting from the use of asbestos-containing products, or the inhalation of asbestos or asbestos fibers. 50. All written documentation, written by the Deponent or ever in the Deponent's custody, possession or control, relating to or staling the results of any studies or surveys including, incorporating or stating the proposition that asbestos products or products containing asbestos could be manufactured or designed so as to eliminate potential health hazards to persons working with or using them. 51. All documents, written by the Deponent or ever in the Deponent's custody, possession or control, reflecting the minutes of corporate meetings of any kind or nature, whether of boards of directors, departments or otherwise, which reflect or relate to asbestos, asbestos health hazards or asbestoscontaining products. 52. All documents relating to, referring to, created by or received from the National Safety Council. 53. All documents relating to, referring to, created by or received from the American Society of Mechanical Engineers, including but not limited to Mechanical Engineering. Boiler Codes, safety codes and Transactions of the American Society of Mechanical Engineers. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 6 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 54. AI! documents relating to, referring to, created by or received from the American Ceramics Society, including but not limited to The Bulletin and Ceramic Abstracts. 55. All documents relating to, referring to Heat Engineering magazine, Combustion magazine, and Combustion Engineering book. 56. Any and all documents between you and any user, customer or purchaser ofyour asbestos-containing products which refer, relate or pertain to the uses of said products. 57. Any documents memorializing or referring, relating or pertaining to communications or correspondence among and/or between your officers, director, agents, representatives, employees or consultants and any employer, purchaser or user of your asbestos-containing and industrial insulation products, its officers, directors, agents, representatives, employees or consultants which in any way relates, refers or pertains to asbestos, asbestos-containing products, silica, silica products, pneumoconiosis, asbestos-related illness, injury or disease, dust or workplace health or safety. 58. Any Material Safety Data Sheets which identify the product, manufacturer, supplier, chemical composition, special protection information and special precautions to be taken with any asbestos or any asbestos-containing products. 59. Any annual reports of this defendant to employees or stock holders from the year 1930 through the present. 60. Original or copies of any safety or health manuals, pamphlets or brochures issued by this defendant between 1900 and the present and any documents relating to whom said manuals were issued. 61. Any safe workplace practices manuals, pamphlets or brochures issued by this defendant from 1900 through the present. 62. Any documents referring, relating or pertaining to the Air Hygiene Foundation, the Industrial Health Foundation or the Industrial Hygiene Foundation. 63. Any documents referring, relating or pertaining to the Trudeau Institute and Saranac Lake Laboratory. 64. Any documents referring, relating or pertaining to the Quebec Asbestos Mining Association (QAMA). 65. Any documents referring, relating or pertaining to the National Insulation Manufacturers Association (NIMA). 66. Any documents referring, relating or pertaining to the Thermal Insulation Manufacturers Association (TIMA). 67. Any documents relating to any conference(s), symposia, or meetings attended by any of your officers, physicians, agents, servants, employees or consultants which in any way considered, discussed, reviewed or made recommendations concerning: asbestos-related illness, injury or disease; pneumoconiosis; occupational lung disease; dust; industrial hygiene; and/or worker or workplace health or safety. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 7 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 68. Any documents relating, pertaining or referring to any of the following individuals: (a) Dr. A.J. Lanza; (b) Dr. Leroy U. Gardner; (c) Dr. Arthur Vorwald; (d) Dr. Gerrit W.H. Schepers; (e) Dr. Wilhelm Hueper; (f) Dr. J.C. Wagner; (g) Dr. Harriet Hardy; (h) Dr. Irving J. Selikoff; (i) W.E. Fleischer; (J) W.C.L. Hemeon; (k) Warren Cook; (l) Sir Richard Doll. 69. Any documents referring, relating or pertaining to asbestos-related injury, illness or disease, pneumoconiosis, occupational lung disease or worker or workplace health or safety. 70. Any documents to and/or from this Defendant and any person, organization, institution, laboratory, foundation, corporation, entity, board or consultants which refer, relate or pertain to air quality studies, dust counts or dust studies, alleged maximum allowable concentrations (MAC), alleged threshold limit values (TLV) or protection of your employees or any other employees or persons from actual or alleged hazards associated with asbestos exposure. 71. Any documents and/or articles ever published by any medical, trade, commercial, scientific or other type ofjournal relative to pneumoconiosis, occupational lung disease, asbestos or asbestos-related injury, illness or disease actually received by this Defendant at anytime prior to 1975 and any documents pertaining to the circumstances under which such information was received. 72. Any documents referring, relating or pertaining to the consideration, initiation, implementation or establishment of any medical examination program by you or anyone for employees or persons involvetfin the manufacture, use, handling, or who were otherwise exposed to or potentially exposed to asbestos or your asbestos-containing products. 73. Any documents relating, referring or pertaining to the following articles or publications: (A) Engineering (B) The Engineer (C ) Mechanical Engineering (D) Boilermaker and Plate Fabricator 74. Any documents to, from or involving any physician, industrial hygienist or public health specialist which in any way relates, refers or pertains to asbestos-related injury, illness or disease, pneumoconiosis, occupational lung disease, dust, industrial hygiene or worker or workplace health or safety. 75. Any and all documents (including statements and trial deposition testimony of current or former employees of this Defendant) in possession of this Defendant, indicating that this Defendant relied NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 8 C:\WlNDOWS\TEMP\NOTICE-RILEY.wpd upon the January, 1946 article, "A Health Survey ofPipe Covering Operations in Constructing Naval Vessels," by Walter E. Fleischer, Frederick J. Viles, Jr., Robert L. Gade and Philip Drinker, as a reason for not warning or informing users or consumers of asbestos-containing products, of any and all actual or potential health hazards associated with such products. 76. Any and all documents (including statements and trial or deposition testimony of current or former employees of this Defendant) in possession of this defendant, indicating that this Defendant relied upon the alleged Threshold Limit Value of 5 million particles per cubic foot as a reason for not warning or informing users or consumers of asbestos-containing products of any and all actual or potential health hazards associated with such products. 77. Please produce a true and correct copy of all tests in the field which Defendant conducted or is aware of having been determine the nature and extent of asbestos dust and/or fiber exposure to workers removing and/or tearing out asbestos-containing products. 78. Produce all documents demonstrating this Defendant relied upon Threshold Limit Values for asbestos. 79. Produce all documents regarding the testing to determine if asbestos is Aencapsulatcd@ in boilers. 80. Produce all documents referring to encapsulation of asbestos. 81. Produce an index of all boilers and/or pressure vessels manufactured by this Defendant. 82. Produce an index of all boilers and/or pressure vessels installed and/or serviced by this Defendant. 83. Produce all documents referring to the Asbestos Information Association or the Asbestos Information Association/North America. 84. Produce all documents createdby, directed to, received from or referring to Philip Enterlinc. 85. Produce all documents createdby, directed to, received from or referring to Hans Weill, M.D. 86. Produce all documents created by, directed to, received from or referring to Wendell B. Alcorn, Jr.; Cadwalader, Wickersham & Taft or a Legal/Medical Program of the Asbestos Information Association. 87. Produce all documents created by, directed to, received from or referring to any asbestos-health program sponsored by, conducted by or involving Dr. George Wright. 88. Produce all documents created by, directed to, received from or referring to the American Society of Mechanical Engineering's Boiler Code from 1914 through 1975. 89. Produce all documents regarding membership of any and all employees, managers, officers or directors in the following organizations: American Ceramics Society The Refractory Institute American Society of Mechanical Engineers NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 9 C:\WINDOWS\TEMP\NOTlCE-RILEY.wpd Industrial Hygiene Foundation/ Air Hygiene Foundation / Temporary Committee Meeting to organize the Air Hygiene Foundation Asbestos Information Association Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Iron and Steel Institute National Safety Counsel 90. Any and all documents relating to the workmens compensation claims of Louis Munger, Leonard Brokensire and Douglas Nead. 91. Any and all documents referring to or relating to the American Society of Heating and Ventilating Engineers. DEFINITIONS As used in this Notice, the following terms are defined: 1. "Person" shall mean the plural as well as the singular and shall include any natural person, alive or deceased, any firm, corporation, proprietorship, joint venture, trust or estate, business, association, partnership, or other form of legal entity, unless the context indicates otherwise. 2. "Identify" or "identity" when used in reference to documents shall be understood as an instruction to identify the document completely. The identification shall include, but not be limited to, the document's date, title, authors, addresses and other recipients, type (e.g. letter, notes, memoranda, diary, etc.), subject matter, present location, present custodian, and the purposes for which the document was created or prepared. 3. "Each" shall mean each and every; "All" shall mean any and all. 4. "Relating to" and "regarding" shall mean embodying, pertaining to, concerning, constituting, comprising, reflecting, discussing, referring to, or having any logical or factual connection whatsoever with the subject matter in question. 5. The words "Defendant," "You," "Your," and "Your company," shall mean the corporate Defendant noticed for this deposition, its merged, consolidated, or acquired predecessors, divisions, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, and/or affiliates, including present and former officers, directors, agents, employees, and all other persons acting or purporting to act on behalf of the corporate Defendant or its predecessors, subsidiaries, and/or affiliates. "Predecessors" means any business firm, whether or not incorporated, which had all or some of its assets purchased by you or by another entity that you acquired thereafter or that came to be acquired by you whether by merger, consolidation, or otherwise. "Subsidiaries" means any business firm, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part, by Defendant or its predecessors. 6. The words "document" and "documents" include any written, printed, recorded or graphic matter, photographic or videographic matter or sound reproductions or computer input or output, including but not limited to: Papers, books, pamphlets, guidebooks, handbooks, instruction and/or safety manuals, articles, letters, correspondence, electronic or videotape recordings, contracts, notes, rough drafts, inter-office memoranda, reports, research materials, logs, diaries, calendars, bank statements, tax invoices, diagrams. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 10 C:\WINDOWS\TEMPYNOTICE-RILEY.wpd studies, manuals, minutes, by-laws, articles of incorporation, resolutions, shareholder endorsements, or partnership documents however produced or reproduced, that are now or were formerly in the possession, custody, or control of the Defendant (including documents at any time in the possession, custody or control of Defendant's subsidiaries, whether domestic or international, or merged or acquired predecessors). 7. The words "meeting" or "meetings" may mean any coincidence or presence ofany persons, whether or not such coincidence or presence was pre-arranged, was formal or informal, or was in connection with some other activity. 8. The words "describe" or "description", when referring to a place, thing, or occurrence, mean to identify with sufficient particularity the place, thing, or occurrence so as to enable one to locate, examine and fully comprehend or understand the place, thing, or occurrence described. 9. The words "product containing asbestos fibers," "asbestos-containing products," and "asbestos products" all refer to any products or materials prepared in any way for sale, distribution and/or incorporation into other products, and that contain any kind of asbestos in any form. The words "asbestos materials" and "substances" refer to any and all materials, substances, or matter used or assembled or fabricated during the manufacture of a product which contain asbestos fibers in any form. 10. The words "design changes" and "modifications" mean alterations in the makeup and/or components of a particular product, including but not limited to variations in the amount or type of asbestos used in the process of manufacturing the product modified or changed. 11. The words "releasing products to the public" means selling, distributing, marketing, or otherwise causing the products to be available to the general public and/or retail and wholesale outlets for further distribution or sale. 12. The words "distribute," "distributed," "distributor," and "distribution" all refer to the sale, marketing, dispersal, transportation and/or shipment of asbestos-containing products for purposes of their sale, resale and/or for purposes offilling orders from other business concerns. The word "distributor" specifically refers to sales representatives, whether dependent or independent of Defendant and whether or not employed by Defendant, responsible for or having an interest in sales or marketing of Defendant's products. 13. The words "marketed," and "market" mean and include all efforts to aid or assist in the distribution and/or sale of products, including offers on the part of the manufacturer or distributor to sell products and the advertising of products and sales solicitation efforts. 14. The words "medical advisory capacity" refer to the duties, abilities or capabilities of a member of Defendant's staff, or someone or some person under contract to Defendant, to provide services of a medical nature, including but not limited to providing medical advice. 15. The words "trade organization," or "trade association" mean any groups, organizations or associations whose members are business or industrial entities that are associated and/or meet for the purpose of achieving common goals and/or exchanging information related to common needs or interests, and/or learning information or facts of interest to the various members of the organization or association. 16. The word "plant" means a manufacturing or assembly facility where products are assembled, manufactured, constructed, fabricated, or where component parts, materials, substances, or materials are NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 11 C:\WlNDOWS\TEMP\NOTICE-RILEY.wpd incorporated into final products, or where products or component parts are prepared for further fabrication and/or assembly. 17. The word "manufacture," or "manufactured" means to fabricate, to construct, to assemble, to prepare for fabrication, construction or assembly, and any other action taken prior to completion of the product or material before the time of its shipment. 18. The word "resale" means the sale of a product or products previously purchased by one company ("A") from another company ("B"), without alterations, changes, or modifications to the product prior to the sale by the first company ("A"). 19. The words "sales materials," or "written sales materials" mean and include any and all documents or literature of a promotional nature that were created or printed for the purpose of assisting in the advertising, marketing or distribution of the products. Such documentation may include, but is not limited to, sales invoices, order slips, and other written indicia of orders received and sales made. 20. The words "rebranding agreement" mean an agreement of any kind whereby one party to the agreement is provided products containing asbestos by the other party to the agreement and the agreement contemplates that the first party will place the brand name of its choice upon the products and then proceed to sell, market, distribute and/or place the product in the stream of commerce, utilizing the new brand name. 21. The words "research" and "research department" refer to individuals or groups of individuals involved with efforts, whether scientific or otherwise, to develop new and/or different products or types of products or designs of pre-existing products and incorporates all such efforts that specifically contemplated the possible alteration of products and the development of new products. 22. The words "medical department" referto an individual or a section or group of individuals working for Defendants, either directly or in a contractual capacity, whose purpose was or is to provide guidance, assistance, or advice concerning any aspects of medical health, including but not limited to the safety of Defendant's workers and the safety of individuals using products manufactured by the Defendant. 23. The words "industrial hygiene surveys" mean surveys, tests, interviews, or other procedures taken or effectuated for the purpose of determining the possibility or existence of detrimental effects caused by Defendant's products on the health of Defendant's workers and/or potential, anticipated, and/or known individuals who might use or be exposed to Defendant's products. INSTRUCTIONS The following instructions apply to the production ofdocuments as required pursuant to this Notice: 1. Documents produced shall be segregated according to the Subpoena Duces Tecum in response to which they are produced. 2. Identify each document or set of documents being produced. 3. Identify each document in the Subpoena Duces Tecum which is withheld based on any claim of privilege and also state (a) the basis of that claim; (b) the name of any and all persons who have seen the document; and (c) the date and subject matter of the document. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 12 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd 4. With respect to any category of documents which you contend is in some way "burdensome" or "oppressive," state the specific reasons for such objection, and produce examples of the documents in question. 5. This Subpoena Duces Tecum, unless otherwise indicated, relate to documents and other things created, written, or produced between 1930 and the present. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 13 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd Respectfully submitted. BARON & BUDD, P.C. 3102 Oak Lawn, Suite 1100 Dallas, Texas 75219 (214)521-3605 (telephone) (214) 520-1181 (facsimile) Dy: LEANNE JACKSON STATE BAR NO. 00794017 WESLEY K. YCUNG STATE BAR NO. 00794897 ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served via facsimile on all counsel of record on the 16th day of August, 2002. NOTICE OF INTENTION TO TAKE ORAL DEPOSITION - Page 14 C:\WINDOWS\TEMP\NOTICE-RILEY.wpd EXHIBIT "A name: NICKNAME: GROUP NAME: rimrrr ' dunagan. .deceased _______ DUNAGAN.M WORK HISTORY SHEET EMPLOYER: U.S. Naval Reserves SUPERVISOR:. JOB SITE: tl.S-S- Missouri___________ city, STATE: Norfolk. Virginia________ NAMES OF COWORKERS & JOB TITLES: Jimmy woEthy George Ray. Wilson Approximately DATE OF JOB: 1952-195.3______ EXPOSURE TO ASBESTOS PRODUCTS: LENGTH OF JOB:________ VA years MY DUTIES AT THIS JOB SITE:____________ Tail-Gunner WAS JOB NEW CONSTRUCTION ; REPAIR WORK X : or BOTH WAS JOB INDOORS OUTDOORS? ; or BOTH X Honorable REASON FOR LEAVING: Discharoe WAGE RATE/HOUR: Military Scale AVERAGE HOURS WORKED/WEEK: PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS:_______________________ ASBESTOS MATERIALS USED ON THIS JOB: ON THIS JOB SITE WERE YOU EXPOSED TO ANY OF THE FOLLOWING: CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES____ YES YES____ YES____ YES YES NO NO NO NO NO NO LIST: DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES:____ NO: WORKED WITH AROUND WORK HISTORY SHEET - Page 1 N:\_CLIENTS\D\DUNAGAH.W\MJD.WH (wpe)(LMT)(02/01/2001) NAME: NICKNAME: GROUP NAME: rnnr mdunagan. deceased DUNAGAN.M WORK HISTORY SHEET EMPLOYER: Texas Electric Service Co.________________ SUPERVISOR: JOB SITE: See Below___________________ NAMES OF COWORKERS & JOB TITLES: CITY, STATE: Fort Worth. Texas DATE OF JOB: 1951-1952: 1954 EXPOSURE TO ASBESTOS PRODUCTS: LENGTH OF JOB:________ 1M years MY DUTIES AT THIS JOB SITB: Maintenance-Mechanic and MeterReader WAS JOB NEW CONSTRUCTION REPAIR WORK ____ ; or BOTH ____ WAS JOB INDOORS ? OUTDOORS? ; or BOTH REASON FOR LEAVING: Better Job WAGE RATE/HOUR: Union Scale - AVERAGE HOURS WORKED/WEEK: PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS: _ ON THIS JOB SITE WERE YOU EXPOSED TO ANY OF THE FOLLOWING: CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES____ YES YES____ YES____ YES____ YES____ NO NO NO___ _ NO____ NO NO LIST: DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES : NO: JOBSITES: Hanley Steam Plant at Lake Arlington Fort Worth, Texas Residential Sites Fort Worth, Texas ASBESTOS MATERIALS USED ON THIS JOB: 1951-1952 (9 months) 1954 (9 months) WORKED WITH AROUND WORK HISTORY SHEET - Pag# 2 N:\_CLIENTS\D\DUNAGAN.M\MJD.WH (wpc)(LMT)(02/01/2001) J NAME: NICKNAME: GROUP NAME: piornr iT^ptwopt .P.UNAG&ILlM..... - DECEASED.. WORK HISTORY SHEET EMPLOYER: General Dynamics Corp. __________________ SUPERVISOR: JOB SITE: Lockheed Aircraft Plant NAMES OF COWORKERS & JOB TITLES: CITY, STATE: Fort Worth. Texas_______ DATE OF JOB: 1954-1957___________________ EXPOSURE TO ASBESTOS PRODUCTS: _____________________________________________ LENGTH OF JOB:3 years____________________ MY DUTIES AT THIS JOB SITE:____________ ON THIS JOB SITE WERE YOU Asafimhler EXPOSED TO ANY OF THE FOLLOWING : WAS JOB NEW CONSTRUCTION ____ ; REPAIR WORK ____ ,* or BOTH ____ WAS JOB INDOORS ____ ; OUTDOORS? ____ / or BOTH ____ REASON FOR LEAVING: Better Job WAGE RATE/HOUR: Union Scale AVERAGE HOURS WORKED/WEEK: ______ PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS: _________________ CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES____ YES YES____ YES____ YES YES____ NO. NO NO. NO NO. NO. LIST: DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES:____ NO: ASBESTOS MATERIALS USED ON THIS JOB: WORKED WITH AROUND WORK HISTORY SHEET Page 3 N:\_CLIENTS\D\DUNAGAN.M\MJD.WH (wpc)<LMT)(02/01/2001) NAME: NICKNAME: GROUP NAME: nrrnr iMpmsm. deceased.. DUN&GAIL-M. EMPLOYER: See Below WORK HISTORY SHEET _____________ SUPERVISOR: JOB SITE: Bell Helicopter Plants_________________ Saginaw-Fort Worth. CITY, STATE: and Hurst. Texas___ NAMES OF COWORKERS & JOB TITLES: Thomas Shaw Calvin Greacr James-MsGra# Jerrv McClure DATE OF JOB: 1959-1994________ EXPOSURE TO ASBESTOS PRODUCTS:______________ LENGTH OF JOB:________ 34. years MY DUTIES AT THIS JOB SITE:____________ ON THIS JOB SITE WERE YOU PI agt-.i r-Pnrmsr EXPOSED TO ANY OF THE FOLLOWING: WAS JOB NEW CONSTRUCTION ____ ; REPAIR WORK ____ ; or BOTH 2L_ WAS JOB INDOORS ____ ; OUTDOORS? ____ ; or BOTH ___ X_ REASON FOR LEAVING: Retired WAGE RATE/HOUR: Union Scale AVERAGE HOURS WORKED/WEEK: 40+ PERCENTAGE OF TIME EXPOSED TO ASBESTOS PRODUCTS: __________________ CHEMICALS FUMES GASES CHROMIUM CADMIUM ANY OTHER PRODUCT YES YES YES____ YES____ YES____ YES NO___ NO___ NO____ NO____ NO NO____ LIST: DID YOU WEAR A RESPIRATOR, MASK OR OTHER PROTECTIVE DEVICE ON THIS JOB TO AVOID INHALATION OF ANY DUST OR FUMES INCLUDING ASBESTOS DUST? YES: NO: Employers: Bell Helicopter Corporation Textron, Inc. Textron, Inc. and Subsidiaries Bell Helicopter Textron, Inc. ASBESTOS MATERIALS USED ON THIS JOB: 1959-1960 1960-1969 1970-1981 1982-1994 WORKED WITH AROUND WORK HISTORY SHEET - Pegs 4 N:\_CUENTS\D\DUNAGAN.M\MJD.WH (v/pc)(LMT)(02/01/2001) PJONES From: Sent: To: Subject: Faxination Saturday, August 17, 200212:45 AM Pam Jones Fax sent "MontyJoe Dunagan, et al.; Cause No. 00-03612-J" (50p) to 'Gary D. Elliston1 Your Fax with subject: Monty Joe Dunagan, et al.; Cause No. 00-03612-J Sent to '12142102500' Addressed to 'Gary D. Elliston' was successfully transmitted! Explanation: Operation completed with no errors. (0) Submitted at: Sat Aug 17 00:45:03 2002 Items sent: 50 Number of attempts: 8 Duration: 1604 seconds Transmission speed: 14400 baud Gateway ID: 0 Job Reference: 1F27A ModemID:16 exhibit t s 1 1 Irr. //