Document YDop1j5EnXxzyOaypGN78Z51y

FILE NAME Johnson & Johnson JAJ DATE 2025 Sept 25 DOC JAJ225 DOCUMENT DESCRIPTION Legal - Testimony of Barry Castleman Casaretto Case Casaretto v & Barry Castleman Comments - Legal - 2025 Sept. 25 Castleman testimony as fact witness Casaretto Broward Co. FL Page 1 IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY FLORIDA CASE NO 18-028502 ALBERTO CASARETTO JR as Personal Representative of the Estate of Alberto A. Casaretto Plaintiffs JOHNSON & JOHNSON JOHNSON & JOHNSON CONSUMER INC a JOHNSON & JOHNSON CONSUMER COMPANIES INC PUBLIX 10 SUPERMARKETS INC CVS HEALTH CORP and ECKERD CORPORATION OF FLORIDA INC 11 Defendants 12 13 TRANSCRIPT OF JURY TRIAL PROCEEDINGS 14 15 BROWARD COUNTY COURTHOUSE 16 201 SOUTHEAST 6TH STREET FORT LAUDERDALE FL 17 Thursday September 25 2025 9:30 a.m. - 2:43 p.m. 18 19 20 The entitled cause came on for trial 21 before the Honorable Martin Bidwill Circuit Court 22 Judge taken before Vanessa Obas RPR and Notary 23 Public in and for the State of Florida at Large 24 25 800-726-7007 Veritext Legal Solutions 305-376-8800 Page 2 APPEARANCES 123 ATTORNEYS ON BEHALF OF THE PLAINTIFF KELLEY UUSTAL LAW FIRM Cristina M. Pierson Esq Cmp@kulaw.com Charles Scott Esq John J. Uustal Esq Jju@kulaw.com 500 North Federal Highway Suite 200 Fort Lauderdale 954 522-6601 FL 33301 LEVIN PAPANTONIO PROCTOR BUCHANAN O'BRIEN BARR & MOUGEY P.A Christopher V. Tisi Esq 10 316 South Baylen Street Suite 600 11 Pensacola FL 32502 850 435-7000 12 Ctisi@levinlaw.com 13 ATTORNEYS ON BEHALF OF THE DEFENDANTS 14 NELSON MULLINS RILEY & SCARBOROUGH 15 Michael Brown Esq One Financial Center 16 Suite 3500 Boston MA 02111 17 Mike.brown@nelsonmullins.com Mike.brown@nelsonmullins.com 18 NELSON MULLINS RILEY & SCARBOROUGH Scott Richman Esq 19 100 S Charles Street Suite 1600 20 Baltimore MD 21201 443 392-9432 21 Scott.richman@nelsonmullins.com 22 NELSON MULLINS RILEY & SCARBOROUGH Kayla Quintana Esq 23 2 S. Biscayne Boulevard 21st Floor 24 Miami FL 33131 305 373-9412 25 Kayla.quintana@nelsonmullins.com Kayla.quintana@nelsonmullins.com 800-726-7007 Veritext Legal Solutions 305-376-8800 SHOOK HARDY & BACON LLP Ryan Cobbs Esq 201 S Biscayne Boulevard Suite 3200 Miami FL 33131 Rcobbs@shb.com ALSO PRESENT THOMAS C. RUKAJ ESQUIRE TAYLOR BAYARD ESQUIRE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Veritext Legal Solutions Page 3 305-376-8800 INDEX 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TESTIMONY OF DR BARRY R. CASTLEMAN DIRECT EXAMINATION BY MR TISI EXAMINATION BY MS QUINTANA REDIRECT EXAMINATION BY MR TISI CERTIFICATE OF REPORTER EXHIBITS DESCRIPTION Plaintiff's Exhibit Number 453 Document Plaintiff's Exhibit Number 434 Document Plaintiff's Exhibit Number 436 Document Plaintiff's Exhibit Number 744 Document Plaintiff's Exhibit Number 934 Document Plaintiff's Exhibit Number 1033 Document Plaintiff's Exhibit Number 1104 Document Plaintiff's Exhibit Number 1683 Document Plaintiff's Exhibit Number 1688 Document Plaintiff's Exhibit Number 2561 Document Plaintiff's Exhibit Number 619 Document Plaintiff's Exhibit Number 45 Document Plaintiff's Exhibit Number 41 Document Plaintiff's Exhibit Number 231 Document Plaintiff's Exhibit Number 285 Document Plaintiff's Exhibit Number 585 Document Plaintiff's Exhibit Number 1179 Document Plaintiff's Exhibit Number 1202 Document Plaintiff's Exhibit Number 1357 Document Plaintiff's Exhibit Number 1422 Document Plaintiff's Exhibit Number 1679 Document Plaintiff's Exhibit Number 2574 Document Plaintiff's Exhibit Number 2613 Document Plaintiff's Exhibit Number 2619 Document Plaintiff's Exhibit Number 2661 Document Plaintiff's Exhibit Number 2878 Document Plaintiff's Exhibit Number 3359 Document Plaintiff's Exhibit Number 3429 Document 800-726-7007 Veritext Legal Solutions PAGE 37 102 126 175 PAGE 11 11 11 12 13 13 14 14 15 16 70 167 168 168 168 169 169 169 170 170 170 171 171 171 171 172 172 172 Page 4 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 5 PROCEEDINGS KAEKKKKKAK THE COURT all need to get chopping There's not that I overruled most of the objections which we I don't know if you gave those to me I didn't get the PDF At some point we'll have to copy this MR RUKAJ Judge you have rulings on it We could just give it to our tech people to start applying them THE COURT Okay So maybe you can copy it for each other I need it on the Court But I just wrote right on the paper so -- MR RUKAJ Okay THE COURT I've got one of each Two for each depo and one is on the original designations and then one's on the counter So if you have a question let me know As I said very few of them were sustained MR RUKAJ Okay THE COURT Okay Thereupon a recess was taken after which the proceedings continued as follows THE COURT Is everybody ready to go in just a few moments 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 6 Plaintiffs MS PIERSON Yes Your Honor THE COURT Okay I got you the documents on the depos Everybody's got those MS QUINTANA Yes Your Honor Thank you THE COURT Are you copying from each other because that's effectively my ruling MR RUKAJ Judge we're cutting the tape now and I believe that -- rightly so I think everybody will need to review the final cut before we play it THE COURT Okay MR RUKAJ But it shouldn't take that long THE COURT So I just want to -- I gave it to both sides collectively here but I don't know if I didn't keep it You're good MR RUKAJ I gave them the original We have a scanned copy now THE COURT First MR RUKAJ let's -- If you need the originals back THE COURT I don't know I do not need them back and I'm going to be in the process when we unless I need to look at this along the way I guess I'll keep it today but -- because you're going to try and play them both today I think 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 right Or at least - - MR RUKAJ That's ideal for us Judge MS PIERSON Yes Your Honor THE COURT But then when I'm done with these depos I'm going to give you all these binders back So I don't have to take custody of those for perpetuity MR RUKAJ Understood Thank you Judge THE COURT All right I'll just be back in five minutes and we'll continue Thank you MS QUINTANA Thank you Your Honor THE COURT Thank you Thereupon a recess was taken after which the proceedings continued as follows THE COURT You may be seated Thank you All right Vanessa are you ready THE COURT REPORTER Yes Your Honor THE COURT All right So we're on the record in the case of -- Vanessa I don't know have you been here yet in this trial THE COURT REPORTER No. THE COURT So we'll have everybody make their appearances So we'll start with counsel for the plaintiff 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 8 MR UUSTAL John Uustal on behalf of the plaintiff MS PIERSON Cristina Pierson on behalf of the plaintiff Good morning MS PAPANTONIO Sara Papantonio on behalf of the plaintiff THE COURT Good morning Thank you And for defense MS QUINTANA Good morning Your Honor Quintana on behalf of the Johnson & Johnson defendants Kayla MR BROWN Good morning Your Honor Mike Brown on behalf of the Johnson & Johnson defendants MR RUKAJ Good morning Your Honor Thomas Rukaj on behalf of the Johnson & Johnson defendants THE COURT All right Thank you So is the plaintiff ready to continue MR UUSTAL Yeah If you remember we have some documents we're going to move into evidence THE COURT Yeah MR UUSTAL I think they're mostly without objection but there's a couple we have to argue THE COURT Okay All right MR UUSTAL So should I just say them one by 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 9 one MS PIERSON Yeah you could go one by one THE COURT Do you have an exhibit list or what did they give you MS PIERSON Oh yes I'm sorry Your Honor We have the printed exhibit list for the Court THE COURT Okay MS PIERSON I apologize that it is so lengthy THE COURT Looks like a phonebook MS PIERSON Yeah And we could do it sided if you prefer but I don't know if you guys like sided THE COURT No. I don't like sided actually So thank you So one of you -- do you want to work from it THE CLERK Thank you MR UUSTAL So if it's okay I'll announce the number and move it into evidence and -- without more and then if they agree -- until or if they object then we'll hear the objection THE COURT Sure MR UUSTAL Okay So the plaintiff moves into evidence Plaintiff's Exhibit 453 for identification THE COURT 4-5-3 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 Are you going to like circle those THE CLERK Yes When they're ready to get -- THE COURT Okay MR UUSTAL We have copies to be marked if that's what the Court prefers THE COURT Yeah So if you have copies or -- MS PAPANTONIO I will go through this and then I'll give you all of the copies at the end THE COURT Yeah -- so go through your yeah I agree with you Just go through and do that and then we can catch up with the housekeeping on it later MR UUSTAL Yes sir MS QUINTANA Defense has no objection to Plaintiff's Exhibit 453 MR UUSTAL The plaintiff moves in Plaintiff's Exhibit 434 for identification THE COURT 4-3-4 MR UUSTAL Yes sir MS QUINTANA Defense has no objection to Plaintiff's Exhibit 434 MR UUSTAL into evidence 436 for identification we move MS QUINTANA No objection Your Honor THE COURT So what was the first one 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 MS PAPANTONIO 453 THE COURT 453 is received in evidence without objection 434 is received without objection 436 is received without objection Plaintiff's Exhibit Number 453 Document was received in Evidence Plaintiff's Exhibit Number 434 Document was received in Evidence Plaintiff's Exhibit Number 436 Document was received in Evidence MR UUSTAL The plaintiffs move in 619 for identification MS QUINTANA Your Honor defendants object to this document This is a transcript that Dr. Castleman wrote from a call that he had with Johnson & Johnson Johnson & Johnson never saw this document There's no & Bates stamp It was never provided to Johnson & Johnson at the time I have no objection to Dr. Castleman testifying about the call that he had with Mr. Semple but I do have an objection to the actual document coming in THE COURT Okay Can I see it MR UUSTAL Oh yes sir THE COURT Okay Your position Mr. Uustal 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 12 MR UUSTAL Well first it is an ancient record It is a business record of Dr. Castleman and we agree that this is not in J's files but other entities can have business records and -- THE COURT What is his entity MR UUSTAL Well you mean like his business We can ask him and lay the foundation for that But he was working at the time for -- THE COURT So she's objecting I'm not going to rule on it at this moment I'll allow you to lay a predicate and then we'll see where you are on this MR UUSTAL Yes sir THE COURT I'm not going to just receive it without further testimony MR UUSTAL Yes Judge THE COURT Unless it's not objected to which it says MR UUSTAL Plaintiff's 744 for identification we move into evidence MS QUINTANA No objection Your Honor THE COURT Plaintiff's 744 will be received without objection Plaintiff's Exhibit Number 744 Document was received in Evidence 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 MR UUSTAL Plaintiff's 934 for identification we move into evidence MS QUINTANA So Judge I have no objection to this document coming into evidence I do have an objection to them using it with Dr. Castleman I don't know if you want to hear that now or if you want to wait until he testifies THE COURT I'll just wait until there's a question and you object to it MS QUINTANA Okay THE COURT You have no objection to receiving it in evidence MS QUINTANA Correct THE COURT And the number was 934 MS QUINTANA Yes Your Honor THE COURT 934 is received into evidence without objection Plaintiff's Exhibit Number 934 Document was received in Evidence MR UUSTAL The plaintiff moves 1033 for identification into evidence MS QUINTANA No objection Your Honor THE COURT Plaintiff's 1033 is received in evidence without objection Plaintiff's Exhibit Number 1033 Document was 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 14 received in Evidence MR UUSTAL The plaintiff moves 1104 for identification into evidence MS QUINTANA No objection Your Honor THE COURT Plaintiff's 1104 is received in evidence without objection Plaintiff's Exhibit Number 1104 Document was received in Evidence MR UUSTAL Plaintiffs move 1683 for identification into evidence MS QUINTANA No objection Your Honor THE COURT Plaintiff's 1683 is received into evidence without objection Plaintiff's Exhibit Number 1683 Document was received in Evidence MR UUSTAL 1688 for ID we would move into evidence MS QUINTANA So Judge I don't have an objection to the actual letter that was written by Johnson & Johnson on Page 2. I would object to the Castleman file -- like document that's attached to the front I don't know what that is but the actual letter I have no objection to THE COURT Okay MR UUSTAL We'll pull the first page off 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 15 THE COURT Okay MS QUINTANA Yeah Yeah THE COURT So 1688 would be received as agreed MS QUINTANA Yes Plaintiff's Exhibit Number 1688 Document was received in Evidence THE COURT Can you wait where you are one moment I've got to take a phone call MS QUINTANA Of course Your Honor Thereupon a recess was taken after which the following proceedings were had THE COURT You can all be seated I apologize to you All right So where did we leave off MR UUSTAL We're almost done We've got three We moved in Plaintiff's 2561 for ID MS QUINTANA So again Your Honor I have no objection to this document coming into evidence H do have an objection to it being used with Dr. Castleman THE COURT Okay 2561 is received in evidence without objection and without prejudice to making your objections sort of in passing would help 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 Plaintiff's Exhibit Number 2561 Document was received in Evidence MR UUSTAL 3409 for ID we move into evidence MS QUINTANA Your Honor defendants do object to 3409 as -- on grounds of hearsay relevance 90.403 bolstering and improper opinion THE COURT Okay MR UUSTAL We would -- THE COURT Can I see it MR UUSTAL Oh yes sir We would be willing to offer it simply as notice with the limiting instruction that the Court desires that J has notice of these things Judge rather than for truth of the matter asserted THE COURT So this is a report of a hearing of the Senate Committee and of Congress in 1973 MR UUSTAL Right THE COURT Okay MS QUINTANA Your Honor there has been no evidence presented that Johnson & Johnson had notice of this hearing or was at this hearing or has any notice of the contents within the Senate hearing transcript THE COURT Okay 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 17 MR UUSTAL Judge it might be useful then to argue the last document before we rule on this because that is a document showing they did have notice of this THE COURT now Okay So I'll reserve on this for Go ahead MR UUSTAL Okay for ID into evidence The plaintiffs move 3414 MS QUINTANA Your Honor we do have an objection as it coming in as substantive evidence We have no objection to this document coming in -- this document as to notice to Johnson & Johnson It's a third document that was in J's files MR UUSTAL We don't object to that being limited for the use -- THE COURT Okay So I'll receive 3414 without objection MS QUINTANA I do disagree Your Honor that this article provides notice to Johnson & Johnson of the contents of the Committee on Congress for the United States Senate this Senate hearing transcript that Your Honor received which was Plaintiff's Exhibit 3409 MR UUSTAL And just for clarity -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 18 THE COURT In all these years nobody ever asked a corporate rep about this report MR UUSTAL That's a good question I don't know Whose is it THE COURT And this MR TISI J It was not -- you're talking about THE COURT Well I mean you're used to us contending that it's admissible MR TISI No but we already -- THE COURT At minimum because it provides notice She's saying well they never had notice of it I'm just wondering if -- MR TISI Yeah it was not THE COURT -- no one ever asked the corporate rep about it MR TISI It was not Your Honor But we did argue this issue the other day when we were talking about motions in limine on Dr. Castleman THE COURT huh MR TISI He will testify that -- if you look at the actual Washington Post article that was circulated it was all the scientists that they believe was dealing with that at the company at the time And he referred to in the article and it 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 shows that they were not only aware of the hearing but they were aware of the talc aspect of the hearing because if you look on the second page of the article they underline the talc and asbestos issue THE COURT So this document which is 3414 came out of the J files MR TISI Correct MR UUSTAL Yes sir THE COURT Okay MR UUSTAL And those are J scientists whose names are written on it that it was distributed to THE COURT That is right MR TISI And they happened to be the J scientists that Dr. Castleman was speaking to in this timeframe THE COURT Okay MS QUINTANA And Judge I have the transcript where Mr. Tisi said that he does not intend to use this document with Dr. Castleman We said that at the hearing on the motion in limine -- Regardless so if you look the date of this article is February 24th 1973. Dr. Castleman testified on February 23rd 1973. It wasn't received in Johnson & Johnson's files until 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 20 March 2nd 1973 and there's no indication that after receiving this document Johnson & Johnson went and obtained the Senate hearing transcript which back in the 1970s would have been much more difficult to do than it is now So there's just no evidence that Johnson & Johnson had notice of the contents in the Senate hearing transcript I don't disagree that they had notice of the contents in the Washington Post article which was found in our files but it does not suggest that Johnson & Johnson has notice of the entire hearing transcript which also includes articles and books written by experts which would be separate hearsay on their own THE COURT So I'm going to reserve on the hearing report I've got to look at that a little closer MR UUSTAL Yes sir THE COURT So can I hang on to it for now MR UUSTAL Yes sir And then -- THE COURT Give this -- MR UUSTAL But could I take -- yeah then I can give them all to the clerk what we have THE COURT Okay MR TISI To be clear Your Honor I just 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 21 would like maybe to put up a portion of the -- I do intend to use that document I don't remember the context -- content -- context in which I said -- and I don't have it here -- THE COURT article You intend to use the newspaper MR TISI I do intend to say -- no I will proffer what I intend to say Are these the scientists she was dealing with -- with the Johnson & Johnson are they listed on the side Some of them were But if this is referring to a hearing that you testified to at the request of the United States Senate yes -- yes it does I mean it's basically -- I'm trying to establish the predicate for the notice that counsel's talking about So I do intend to do that THE COURT So the notice issue - you know I guess it's at what level of generality do I need to -- MR TISI Do they need it -- THE COURT By notice I mean do they know there was a hearing MR TISI Well do they know -- THE COURT Do they know where or when it ended 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 22 up in the report I mean I -- MR TISI Well I mean it's -- Your Honor I mean, I think this is an important point These names and -- the reason why I have the easel out here I'm going to write these names down These names are people that the jury is going to hear constantly throughout this trial THE COURT No no I'm just struggling -- and I get that And I understand what you intend to do And that document is in evidence right now MR TISI Right THE COURT But I'm just struggling with the admissibility of this MR TISI Yeah I'm not going to look at the -- there is a small excerpt of what Dr. Castleman testified to and what he communicated to the world candidly I will provide that so it's not the whole thing And I'm happy to give you that excerpt that we're actually going to use with him THE COURT Do you want to show that to us or -- MR TISI Yes THE COURT It's direct now that I have the whole thing You can tell me what page it is MR TISI It's Pages -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 MS PAPANTONIO So yes Your Honor there's no page numbers but if you go to the top of the document -- THE COURT In the report MS PAPANTONIO Yes sir Page 123 and 171 through 173 THE COURT So I've got 123 and then you said 171 through -- MR TISI -- 173 THE COURT Okay I got it MR TISI And I have the sections that I was going to ask him about Your Honor I'll highlight it and I can show it to you if that makes it easy THE COURT Sure Show Ms. Quintana MS QUINTANA So are you talking about the transcript from the hearing MR TISI Yes MS QUINTANA Are you on Page 123 MR TISI Yeah I'll show him THE COURT Because when you say you're going to show it to him what do you intend to do with it MR TISI I'm just going to ask Well is this what -- was this what you communicated MS QUINTANA And Judge I have a strenuous 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 24 objection to this as Dr. Castleman is not an expert in this case He is a fact witness MR TISI Right MS QUINTANA And if Johnson & Johnson wasn't present for this hearing what he said at the hearing and what he said to the public at large is entirely irrelevant especially due to his testimony as a fact witness MR TISI Your Honor as a fact witness he can testify to what he said and I think that's within the scope of your ruling The article establishes that they either knew about it or should have known about it They actually highlighted sections dealing with talc and -- and lung disease So it's really you can - there's a sufficient foundation for allowing him to say what they knew or should have known based upon what is in that Washington Post article MS QUINTANA Judge what Dr. Castleman thinks that Johnson & Johnson knew or should have known at the time is irrelevant to his testimony as a fact witness MR TISI I'm not going to ask him what they knew or should have known I think the jury can make that inference based upon listening to his 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 25 testimony seeing the documents in the file seeing the information that Dr. Castleman -- the people who he was communicating with over four years in the company There's enough evidence that the jury can infer that You can certainly argue that they didn't know and they didn't have evidence But there's enough evidence to get it in in my opinion MS QUINTANA I disagree Your Honor I don't -- THE COURT So what is this Is this his testimony MR TISI This is his testimony talked about -- And he THE COURT Well I mean I'm looking at it like in the first one here MR TISI Yeah THE COURT I mean that seems to run afoul of my ruling that there's no opinions MR TISI Okay THE COURT I think I mean he's saying -- MR TISI Well he's not -- offering THE COURT -- you know that a certain level of exposures will subject people to increased mortality from mesothelioma 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 26 MR TISI He didn't - I'm not asking what his current opinions are The fact that they knew that there was information in the public that -- I'm sorry I'm standing too close THE COURT No you're all right MR TISI The information in the public at the time that there was -- that level exposure might cause mesothelioma is noticed I don't care if there's a limiting instruction He's going to offer his opinion based upon what he knows now This is what he said in public which J was aware of The other things I was going to ask him about -- there are two comments in here One comment is -- I'm sorry I can't find the page One comment is one of the things that should be done is stop use of talc containing even trace amounts of asbestos where the product fibers can become airborne That's an important -- that was something that was said at the time And the other thing that was said -- and this came directly from Johnson -- you'll see that this is reflected in the information gotten directly from Johnson & Johnson Before 1865 when Johnson & Johnson began talc manufacture babies were commonly 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 27 dusted with cornstarch The safe substitute is still available at fourth the cost of talc Out of the public it's something that -- that the company should have been aware of And clearly it's reflected in the documents that they were considering cornstarch at the time THE COURT So if I admit it are you suggesting that you have no objection to a limiting instruction MR TISI Of course not THE COURT What should that say MR TISI That this was -- it's not being offered as an opinion It was offered as something that J had notice of THE COURT Okay MR TISI Or may have had notice of based upon information that -- MS QUINTANA A couple of things Judge that -- one of the things that should be done is to stop the use of talc Even trace amounts of asbestos -- with a trace amount of asbestos can become airborne I mean that is blank an expert opinion His entire testimony at the Senate hearing was his opinions at the time I mean had they wanted him 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 28 to testify to this they should have made him state expert which they did not As to the -- Page 173 where it talks about Johnson & Johnson this is part of his book Asbestos and You which he actually blank testified in his deposition he never gave a copy to Johnson & Johnson So there's absolutely no evidence that Johnson & Johnson knew about his book should have known about his book Again the only thing that they knew or should have known is -- would be what is -- what is actually written in the article that they received on March 2nd 1973 I disagree that Dr. Castleman can testify about this article because it is an article and he is not an expert He has no idea what Johnson & Johnson knew or didn't know about this article on March 2nd 1973. It wasn't him who sent it to them It was found in Johnson & Johnson's files So again anything he said at the Senate hearing is -- is opinion testimony that's reserved for an expert and Your Honor has already ruled that Dr. Castleman cannot testify as to his opinions He should be limited to testify as to the facts and his conversations with Johnson & Johnson at the time 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 29 MR TISI Your Honor just I want to bring this for a landing and make this clear I am not going to ask him what his opinion are today based upon everything he knows and what he is -- what he's saying today What is important is -- and one of the things the jury is going to be called upon to decide is whether or not what we say should have been done was reasonable at the time The fact that people were out in public was communicating with the -- you know the United States Senate the information is in the record in the United States Senate clearly available to -- to everybody They knew about this hearing It's -- it's him not testifying to what the state of the article was as an expert He's testifying to what he was saying at the time THE COURT Okay MR TISI And that's why this is not an expert opinion THE COURT Okay So I'm just going to -- I'm not receiving this report in at this point and you've now educated me on the looming evidentiary issue that will come and I'll just await your questions and objections and I'll make rulings on 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 30 it If I do admit testimony from Dr. Castleman that during a Senate hearing in 1973 he said X Y or Z and it falls on the side of you know arguably being something that a lay witness would not otherwise be saying in a credible way I would -- I'll allow it but I will give an instruction But I want to hear the exact questions MR TISI Thank you Your Honor THE COURT An instruction would basically say you know that this testimony about what Dr. Castleman said in 1973 is being offered and put before you for the very limited purpose to determine whether or not -- or what Johnson & Johnson knew or should have known at the time MR TISI Honor All right I'm okay with that Your THE COURT And you're not to -- Dr. Castleman has not been presented as to what's referred to as an expert witness and his opinions should not be considered in that way at that point in time MS QUINTANA We would just object Your Honor THE COURT How about the instruction 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 31 Anything else MS QUINTANA I think I would object to the instruction only because I object to the testimony THE COURT Right I understand But do you have any -- just with an understanding that I'm preserving that In my opinion I don't think you need to do anything else MS QUINTANA Okay THE COURT I'm going to give some instruction if I allow it If you want to be heard on the language of it you can just come sidebar okay MS QUINTANA Understood Your Honor MR UUSTAL I have the ones the Court has admitted I'd like to share with counsel and then give to the clerk THE COURT Okay MR UUSTAL May I hand them to the clerk THE COURT Of course yes Thank you I think this is the plaintiff's opening MR UUSTAL Oh yes THE COURT I'll keep that but I don't need the binder They just don't sit well - sat well MR UUSTAL Yes sir MR TISI Would you prefer things in this Redweld if it makes it easier 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 32 THE COURT That's fine You mean like a -- MR TISI You know like one of those little things that makes it easy for you to keep track of it I'd be happy to give it in a Redweld THE COURT Like one of these MR TISI Yes THE COURT Yeah that's fine too I'm going to give you back as much as I can that you gave me because I don't need it back here because it just accumulates All right then What else Everybody ready to go MR UUSTAL Yes sir THE COURT Dr. Castleman I presume is close at hand MR UUSTAL I believe he's on a bench outside I'll check MR TISI You want him here THE COURT Well I want to make sure he's sitting right out there in case he doesn't walk away MS QUINTANA I apologize Your Honor I have one more thing to raise before Dr. Castleman comes in I had seen earlier on the desk there was the 2009 bottle of Johnson's baby powder in a sealed 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 33 container At this time -- I don't see it there anymore but at this time I would object to it being shown to the jury at all today without a foundation having been laid as to the admissibility of the bottle or the authentication or foundation of the bottle MR UUSTAL We're not intending to use it today It's not the 2009 bottle MS QUINTANA Oh MR UUSTAL It's just a bottle MS QUINTANA Okay MR UUSTAL And we do -- it's just demonstrative I believe we will at some point but not today MS QUINTANA Okay As long as it's not being shown today -- Judge THE COURT The record will reflect Mr. Uustal just took it out of the box It was put away MS QUINTANA Understood Your Honor Thank you MR TISI And Your Honor just for -- H personally think it's easier for the jury to see on the big screen So we're going to pull the screen down if you don't mind unless you prefer them not to 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 THE COURT I'm not following you I'm sorry MR TISI We're going to refer -- for publication of exhibits we're going to use the screen that we used for openings yesterday THE COURT Yes Where is it Oh it's right here MR TISI It's right here Do you mind if our tech person brings it in THE COURT No not at all Absolutely And what we'll do if you don't mind if we could -- see this monitor Let's put that on that table there because it blocks the view I don't know how tall Mr. Castleman is MR TISI Would you like me to have Dr. Castleman come in and sit or do you want me to call him in Judge I don't know how you'd prefer to do that THE COURT No you can bring him in and sit down You don't need comments It's the first one Let's go to the -- pomp and circumstance if you will So they understand how it works MR RUKAJ And Judge there is one thing we just want to put on the record logistically about some witnesses I had a conversation with opposing counsel this morning about the Dr. Moline issue 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 35 And just so the Court is aware the deposition that was noticed for tomorrow will not be going forward tomorrow THE COURT Okay MR RUKAJ The parties have agreed there's no need to serve an additional subpoena to secure the witness at trial And at this time she has not been withdrawn as a witness So this is all without prejudice to give the plaintiffs and Dr. Moline -- THE COURT Just giving me an update MR RUKAJ Exactly THE COURT Thank you I appreciate it MS PIERSON For the clerk we just realized that there's some pages that had misnumbered exhibits on the back so we're going to fix that and give you a new exhibit list THE CLERK Okay MS PIERSON We'll fix that over lunch and get it back to you THE CLERK And I also need 934 MS PIERSON Okay MS PAPANTONIO Okay reserved I have that as MR UUSTAL I'm sorry You said it comes in 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 but you just didn't want to use it with this witness MS QUINTANA Yes THE BAILIFF Jury entering The jury panel entered the courtroom after which the following proceedings were had THE COURT All right You can all be seated and welcome back members of the jury All of the jurors are present We thank you again for your service We're ready to proceed As I indicated to you yesterday the plaintiff will begin by presenting evidence in the matter And I'll turn to counsel for the plaintiff to announce the plaintiff's first witness MR UUSTAL Thank you Your Honor At this time we would like to call Dr. Barry Castleman to the stand He is seated THE COURT the stand Dr. Castleman has made his way to Good morning sir hand Would you raise your right Do you solemnly swear or affirm the testimony you're about to give is the truth the whole truth 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 37 and nothing but the truth THE WITNESS Yes Your Honor THEREUPON DR BARRY R. CASTLEMAN was called as a witness and having first been duly sworn testified as follows THE COURT All right You can have a seat And if -- kindly you don't need to be right on that microphone but it will definitely help the cause And would you tell us your full name and spell your last name THE WITNESS My name is Barry R. Castleman N THE COURT Thank you You may inquire Mr. Tisi MR TISI Thank you very much Your Honor DIRECT EXAMINATION BY MR TISI Q. Where do you live Dr. Castleman A. I live in Maryland Q. Did you come down from Maryland to appear before our jury in this case in the trial against Johnson & Johnson A. Yes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 38 Q. And briefly tell us who you are a little bit about yourself so that the jury understands who you are A. I'm a public health worker My field is toxic substances control I've been an independent consultant I've worked for numerous governmental agencies and national organizations I've also been involved in litigation over asbestos Q. Okay All right So just - did we pay for you to come down here Did we pay your hourly rate to come down here A. Yes Q. Okay Do you understand that you're here to talk to our jury about things that happened in the early 1970s related to Johnson & Johnson its talcum powder products and asbestos A. Yes Q. Okay I'm going to limit my questions to you specifically to what you saw and what you did related to those three topics asbestos Johnson's talcum powder products and Johnson & Johnson in the time frame of 1971 until 1975 Do you understand that A. I do Q. Okay And during that time did you 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 39 communicate with scientists and others at Johnson & Johnson on those issues A. Yes Q. Okay During that time frame did Johnson & Johnson scientists make representations to you about asbestos and cosmetic talc A. They did Q. Okay During that time were you asked to testify before the United States Senate on issues relating to asbestos including talc MS QUINTANA Objection Outside the scope Hearsay Relevance THE COURT Overruled THE WITNESS Yes BY MR TISI Q. Okay Now I know it may seem a little impolite and I don't usually ask this question but would you tell us how old you are today as you sit here A. I'm 79 Q. To give our jury a perspective of how long ago this was could you tell us how old you were between the years of 1971 to 1975 A. 24 to 28 Q. Okay And that was over half a century ago 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 40 A. It was Q. Okay Let's go back to that time frame Do you recall what you were doing professionally during that time frame A. Well in 1971 I was a graduate student at the Johns Hopkins School of -- well at the Johns Hopkins Department of Environmental Engineering and I was doing a master's degree on air pollution control and related scientific subjects and I was writing my doctorate thesis about the health effects of asbestos And in the course of this I wrote to people at Johnson & Johnson in July of 1971 Q. We're going to talk about some of that correspondence in a moment But just to be clear you were interested in the question of asbestos and you contacted Johnson & Johnson because of that true MS QUINTANA Objection Leading THE COURT Rephrase MR TISI Yeah BY MR TI I Q. Is the reason why you contacted Johnson & Johnson because of the work you were studying at Johns Hopkins A. Yes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 Q. Okay And you mentioned July of 1971. Was that the first time you recall speaking to Johnson -- or communicating with Johnson & Johnson A. It is Q. Okay You're our first witness to testify and I just want to orient our jury a little bit Briefly and for context could you tell the members of the jury what you understood at the time about asbestos that caused you to call Johnson & Johnson MS QUINTANA Relevance Objection Outside the scope MR TISI It's just really just to orient the jury Your Honor THE COURT Okay Overruled at this point Let's see where it goes THE WITNESS I had been reading the literature -- MS QUINTANA Objection THE WITNESS -- the historic literature about the health effects of asbestos And in the course of that I had come across the literature linking asbestos and talc MS QUINTANA strike Objection Your Honor Move to 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 42 THE COURT Overruled Denied BY MR TISI Q. Okay Now you mentioned in 1971 you wrote a letter to Johnson & Johnson regarding Johnson's baby powder We have previously admitted Exhibit Number 434 and we're going to put it on the screen I believe -- do you need a paper copy or you can look at it right on the screen there A. Well we'll see when the screen comes on Q. Okay THE COURT There we go THE WITNESS I think I can do all right with the screen MR TISI Oh I see it BY MR TISI Q. Is this the letter you wrote to Johnson & Johnson in your handwriting in July of 1971 A. It is Q. Okay And do you personally wrote A. It is - is this a letter you Q. Okay And if you look at the topics from John -- you listed your address as Johns Hopkins University Department of Environmental Engineering Do you see that 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 43 A. Yes Q. Is that where you were at the time A. It is Q. And you wrote a letter to Johnson & Johnson Can you read the first sentence for me please A. I am presently finishing a literature review on the health effects of asbestos Q. And that's -- was that why you were calling Johnson & Johnson at the time A. Yes Q. Okay And did you consider -- when you were communicating with them did you consider that a potential problem A. Yes MS QUINTANA Objection THE COURT Overruled Outside the scope BY MR TISI Q. Please go to the second sentence Would you read that as well A. In assessing the justification of current calls for removal of asbestos from talcum powder there are several things I wish to know Q. Okay I want to ask you that -- ask you a question The predicate for your question was that there 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 44 were calls to remove asbestos from talcum powder at the time in 1971 What was your basis for saying that to Johnson & Johnson at the time MS QUINTANA Objection THE COURT Overruled Outside the scope THE WITNESS Well this issue had been raised by the leading medical authority on asbestos in the United States Dr. Irving Selikoff And there had even been an article in the New York Times I don't know about -- exactly about the New York Times article's timing But in any case I knew that there was concern publicly expressed about asbestos contamination of talc MS QUINTANA Objection Your Honor Move to strike Outside the scope of his opinions THE COURT Overruled BY MR TISI Q. Number -- the first question that you wrote -- it's a little bit cut off here but I think we can figure it out Would you read for the members of the jury what you said A. How long have cosmetic talcs in particular Johnson's powder been in widespread public use I 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 45 think is what that sentence says Q. Why were you interested in that A. Well I wanted to know from a public health point of view how far back this issue went in terms of the public use of talcum powders Q. You wrote a second question Would you read for the members of the jury what you wrote A. What would be involved in terms of cost plant process changes and removing the asbestos fibers from talc in which I believe it naturally occurs Q. I'd like to pause here for a moment and ask what -- what you meant by that A. Well I was trained as a chemical engineer and I was interested in whether they had some kind of a -- process for assuring that any asbestos that was in their talc was removed prior to its marketing to consumers Q. Okay The next question in this - -this letter says what A. Do all talcum powders contain asbestos And among those which do what is the range of tremolite content Q. Now up until this point in this letter you were using the word asbestos Here you're talking about tremolite Would you 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 46 tell us the members of the jury were those interchangeable Why did you say that MS QUINTANA Objection Outside the scope Your Honor THE COURT Overruled THE WITNESS Tremolite is a variety of asbestos and it was something I had seen in the literature being associated with talcum powder BY MR TISI Q. Okay Did you - A. I'm sorry Being associated with talc that was mined in New York State Q. Did you talk about -- when you wrote this in this time frame when you used the word tremolite did you feel the need when you were communicating with colleagues to say the word tremolite asbestos A. No. Q. Why A. Well there are six forms of asbestos -- MS QUINTANA Objection Outside the scope Your Honor THE COURT Overruled THE WITNESS There were six forms of asbestos that were commonly referred to and people writing about the mineralogy and the health effects of 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 asbestos and tremolite was one of the six BY MR TISI Q. Right But did you feel like you had to say tremolite versus tremolite asbestos versus tremolite fibers versus asbestiform tremolite You know those forms right those terms before You've heard A. I've heard those terms more recently But back in 1971 tremolite was -- to me meant a form of asbestos and nothing else MS QUINTANA Objection Move to strike based on his response THE COURT Overruled BY MR TISI Q. Okay Now the last sentence that you say is Any information -- or actually why don't you read it for the members of the jury THE COURT It went down There it goes THE WITNESS I close by saying any information you can provide will be greatly appreciated in making a fair appraisal of this problem BY MR TISI Q. You used the word problem and you put it in quotes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 48 Why did you put the problem in quotes Dr. Castleman A. Well I wasn't -- I guess it was a polite way of asking them and a scientific way of saying I haven't come to any definite conclusions about this matter That's why I'm asking you these questions So it might be a problem It might not be a problem That's the sense of the quotes around the word problem Q. Now I'm going to show you a document Exhibit Number -- the next exhibit which is entered into evidence already Exhibit Number 10 -- I'm sorry -- 1033. And it's entitled Asbestos Inquiry Mr. Barry Castleman Do you see it A. Yes Q. Okay This has been entered into evidence and this is not a document -- is this a document you had in your normal course of business or something you've seen recently A. That's something that I saw for the first time recently -- in recent years Q. Okay The only thing I'm going to ask you about this is this is an internal Johnson & Johnson document and it describes you - it says and I'll read 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 49 it for you From the tone of this letter it seems clear that Mr. Castleman has scientific knowledge far beyond the normal type of inquiry we have received from the public This inquiry appears to require a more scientific response than we have been using in handling consumer correspondence Therefore we believe this letter should be handled by somebody in R Do you see that A. Yes Down to the last sentence which wasn't blown up but yes I recall that being in the letter -- in this document Q. I'm just going to ask you just for members of the jury is that an accurate description of who you were at the time Were you somebody who had scientific knowledge beyond the normal type of inquiry that people generally had MS QUINTANA Objection Improper opinion THE COURT Overruled Bolstering THE WITNESS Yes BY MR TISI Q. Okay Did you receive a letter from Johnson & Johnson in response to your inquiry 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 50 A. I did Q. Okay I'm going to show you that letter It's been entered into evidence It's Exhibit Number 436 Do you see that A. Yes Q. Okay And it says -- is this a letter you received in the normal course of communicating with Johnson & Johnson A. Yes it is Q. Okay It's written by a gentleman by the name of Thomas Shelley Ph.D. And the jury may see some of these names SO I'm going to write them down MR TISI Just writing the name MS QUINTANA Okay BY MR TISI Q. He's - what did you understand Dr. Shelley - who Dr. Shelley was A. He was the director of the Central Research Laboratories of the corporation Q. Okay And there were other people on this -- on this letter Do you see a Dr. Hildick A. Yes Q. Okay Then that was a CD so I'm going to 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 51 write Hildick And that's a name that's going to come up again in a minute And a Dr. Nashid Do you see that A. Yes Q. Did you have any understanding as to whether or not these people on this letter -- or did you come to learn the people on this letter were scientists at Johnson & Johnson A. I would later come to learn that yes Q. Okay Would you read the -- number one in the letter that you got back from Johnson & Johnson A. The use of talc as a cosmetic extends far back in historical time More specifically Johnson & Johnson has marketed baby powder since 1895. Q. And that was one -- was that one of the questions you asked them in your original letter A. Yeah it was Q. Okay The second is where I want to spend a little time Doctor Would you read for the record what they told you at that time in August of 1971 A. We have no asbestos in our baby powder / prove this we have had extensive analytical work carried out by mineralogists at the Colorado School of 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 52 Mines by McCrone Laboratories in Chicago and by Professor Fred Pooley at the University of Wales in Cardiff Professor Pooley is associated with one of the teaching scientific groups studying the relationship of asbestos and other inorganic particles to cancer Q. Now they used the word no asbestos Do you see that word A. Yes We have no asbestos in our baby powder What did you understand when they made that representation to you no asbestos to mean A. None Zero Nothing A. Nothing Q. Okay A. No asbestos at all Q. Okay And they told you that the proof of this was that they had these other labs that said that correct A. Yes Q. Did they ever share with you what those other labs found A. No they didn't MS QUINTANA Objection Improper opinion Relevance Outside the scope of his testimony as a 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 53 fact witness THE COURT Overruled THE WITNESS No. BY MR TISI Q. Did they ever share with you what that was A. No. Q. Okay Now did you continue to communicate with Johnson & Johnson after this -- receiving this letter A. Yes Q. Okay I'd like to show you what has been admitted as Exhibit Number 1688. It's a letter from March of 1972 and the judge has admitted this into evidence Do you see that A. Yes Q. Okay It starts out by saying First I must apologize in the delay in responding to your inquiry about Johnson's baby powder Having read this letter -- have you seen this letter and looked at this letter before coming to court today A. Yes Q. Okay Having read this letter you understand that you wrote another letter to Johnson & Johnson 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 54 which resulted in them writing you back A. Yes And I think it must have been a postcard Q. Okay And you made an inquiry according to this letter -- given the totality of this letter do you have an understanding or appreciation of generally what that inquiry would have been A. Generally But I don't know exactly what I wrote on the -- on the postcard Q. What do you think - -based upon the response you got what do you think the inquiry would have been Would it have been a continuation of what you were talking about with Dr. Shelley A. Yes MS QUINTANA Objection THE COURT Overruled Speculation THE WITNESS Yes BY MR TISI Q. letter Well let me just ask you the question briefly What were you trying to do here in this other A. Well I was following up on the response I had received and asking some more questions about the same general subject Q. Were you continuing to have concern about the safety of talc with respect to asbestos 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 55 A. Yes Q. Okay Now it says to - -the next the -- next paragraph we'll blow it up It says To answer your question - would you read the rest A. Johnson & Johnson takes great care in the formulation and production of all its products In the case of Johnson's baby powder the talc comes from our own mines specifically selected for the quality of their talc This grade talc is processed through repeated washings in order to free it of impurities Under careful analysis by independent experts the finished product has been shown to be free of asbestos Q. Okay Now this is from a Steven Sawchuk So I'm going to write his name down too This is the second letter where Johnson & Johnson assured you that the mines were clean and there was no baby powder and it had been proven Do you see that A. Yes 0 Okay And when they said to you that the product has been shown to be free of asbestos what did you take that to mean A. That it was totally free of asbestos There was no asbestos in it Q. Well did you understand there could be some 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 56 asbestos but not enough I mean was there any threshold that you interpreted that when you got that in 1972 A. No. MS QUINTANA Objection Relevance Speculation Improper opinion THE COURT Overruled THE WITNESS No. BY MR TISI Q. Okay So just so the jury understands when they said the words Our product has been shown to be free of asbestos your interpretation of that was what A. Completely free of asbestos Q. And with respect to the mines what did you understand their representation to you to be A. Well that they had assured that this mine was in a form -- a type of talc or a deposit of talc that was free of asbestos Q. Okay Now in this letter unlike the last letter they say careful analysis by independent experts They mentioned Colorado School of Mines in the prior letter McCrone and Dr. Pooley Did you have any understanding based upon your communications in 1972 what these quote independent experts -- who they were 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 57 A. I can only tell what the letter contained I couldn't really go any further in understanding whether they were referring to any other independent experts or the same ones that had been referred to in the first letter that actually named several laboratories Q. At this time when you were following up in 1972 did J offer to share with you as somebody who was interested the testing results that they had gotten from these independent experts A. No. MS QUINTANA Objection opinion THE COURT Overruled Relevance Improper THE WITNESS No. BY MR TISI Q. Okay As somebody who was studying -- now at this time - -and pardon me You had actually gone to work - -at this time were you working or were you still a graduate student A. I had just started work a couple months -- right before the date of this letter as an air pollution control official for the Baldwin County Health Department Q. Okay So you were working in public health at the time 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 58 A. Yes This is my first employment in the field of public health Q. Okay As somebody at that time if you had been told something along the lines of an analysis by independent experts had shown that Johnson & Johnson talc had been shown to have some asbestos but not a lot would that have been different in your mind MS QUINTANA Objection Relevance Improper opinion Outside the scope THE COURT On that question I'll overrule You can answer THE WITNESS Yes I would have been alarmed if they said there was any asbestos in the talc BY MR TISI Q. Okay Would that be meaningfully different for -- would that have been meaningfully different at the time in 1972 -- A. Yes Q. -- to you A. I mean asbestos was a causing substance Even a small amount of it would be a danger MS QUINTANA Objection Move to strike Your Honor THE COURT Overruled THE WITNESS It would have been a danger 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 59 especially for people exposed at such an early age as infants BY MR TISI Q. I would like to show you Exhibit Number 1104 which is a letter that you wrote again after getting two letters of assurance from Johnson & Johnson This one is in August of 1972 Is this your handwriting previously admitted into evidence Is this your handwriting A. Yes This has been Q. Okay You start by saying I was - -would you read the first part of what you wrote here A. When I was doing research on asbestos at Johns Hopkins I asked you some questions about Johnson's talc and you sent a very informative reply It is apparent that Johnson's talc is free of asbestos Q. Now when you - -- are you referring to the two other letters that you wrote to them and the two responses you got from Johnson & Johnson A. Yes Q. Okay Now when you said it was apparent that Johnson & Johnson's talc is free of asbestos what did you base that on A. On what they had told me 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 60 Q. Okay Did you believe them at the time MS QUINTANA Objection Outside the scope of his opinion Relevance And in violation of the motion in limine THE COURT I'm going to sustain that objection MR TISI Okay BY MR TISI Q. You go on to say the -- next sentence it says What I am interested in knowing is whether talc per se could enhance the likelihood of cancer development in individuals who are occupationally exposed Do you see that A. Yes Okay And you brought up a study by Kleinfeld that you brought to their attention Do you see that A. Yes Q. Okay What was the purpose -- what was the Kleinfeld study that you were bringing to the -- that you were notifying them about at the time MS QUINTANA Objection Outside the scope Improper opinion Relevance THE COURT Overruled THE WITNESS Kleinfeld was reporting on New 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 61 York State talc miners that were the subject of study by government officials and Kleinfeld was a government official for the State of New York And they found that there was an excess rate of lung cancer -- four times the expected rate of lung cancer in these talc miners compared to men in New York State generally of the same age distribution And that there were also -- at least had one case each of pleural and peritoneal mesothelioma found in these miners who were exposed to a talc that was described as a tremolitic talc BY MR TISI Q. Again that term tremolite were you raising again a question about tremolite in talc A. Yes Q. Okay Now to be fair the Kleinfeld you mentioned had 30 percent -- that there was a 30 percent asbestos correct A. Of two types of asbestos tremolite and anthophyllite Q. Right MS QUINTANA Objection Move to strike Outside the scope Improper opinion THE COURT Overruled 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 62 BY MR TISI Q. So would that have been different in terms of the amount of asbestos but the issue was still the same A. I don't understand the question Q. I'm sorry It was a bad question and I apologize If this was -- you mentioned here that there was 30 percent asbestos in these talcs in the New York mine A. Yes 2 Whatever the -- whatever the number was -- because you understand mines could have different amounts correct You understood that at the time right A. Sure Q. Okay Was the larger point you were raising is relating to talc and asbestos and reraising that question A. Well I was concerned that talc itself could cause cancer And it wasn't clear from this report whether talc played a role or whether it was just the asbestos contaminants in this particular talc -- Q. Right A. - that was causing these excess tests from 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 lung cancer and mesothelioma Q. Okay The next thing is it says -- at the very last paragraph before your signature line the first sentence that you read there would you tell us what you said It beginning It would be -- A. It would be a great value to provide a scientific basis for saying whether talc exposure carries any excess risk of developing cancer -- Reports Q. Don't go to the next sentence Just that one sentence Did you feel it was communicating to them that there should be -- that there would be value in looking at this question A. Yes Q. Okay Next question -- next thing at the very last part you said Excess lung cancer among workers with mixed talc asbestos exposure are a cause of concern but provide no proof of hazard at this time in 1971. A. No proof of hazard of talc specifically Q. Right Were you intending that sentence to mean that if it had asbestos in it it would not be a potential hazard 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 64 MS QUINTANA BY MR TISI Objection Improper opinion Q. What were you intending -- THE COURT I'm going to sustain that MR TISI Yeah BY MR TISI Q. Were you intending that to mean - what were you intending it to mean with respect to asbestos if it was in the talc A. Well what I was I think saying here is it would be nice if we could do a study of a talc that didn't have any asbestos in it to see if it was also causing an excess cancer risk in the workers exposed to it follow it up for a sufficiently long period of time Q. Now the next letter that you got is Exhibit Number 1683 where J responds to you again in August of 1972 Do you see that A. Yes Now this has been admitted into evidence And it's -- and it's from a Dr. Shelley That's the same doctor who originally wrote to you - that originally responded to your letter is that right A. Yes I think so Q. Okay And again he is what What does he 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 65 identify himself as A. Director of the Central Research Laboratories at Johnson & Johnson Q. Okay And he referred you to a Dr. Hildick who we saw as a cc in a prior letter Do you see that A. That's right Right And did you get a letter from Dr. Hildick A. I did Q. We're going to bring up Exhibit Number 744 which is admitted into evidence and we'll publish it for the jury Is this a copy of the letter you got from Johnson & Johnson in response to the letter that you wrote A. Yes Okay And it's from Dr. Gavin Hildick A. Yes Q. Okay And what is his title A. If you can show me the second page Q. The last -- yeah the last page A. Director of clinical research at Johnson & Johnson 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 66 Q. And there are cc's to this letter and Dr. Nashid are also cc'd Dr. Shelley These are the people with whom you had been communicating right A. Yes Q. Okay And the only part of this I'm going to be asking you about is his response to the issue that you raised about talc mines that may have asbestos in them at the Kleinfeld study Do you see that A. Yes 0 Okay Did he say that he understood that -- he knew that there -- about the Kleinfeld study A. He does Q. Okay Would you read for the jury what he said he was aware of at the time A. I mean he cites to publication by Kleinfeld and even gives the journal by page and year in which the article appeared in 1967 The publication that you mentioned in your letter is familiar to us and as you know reports on the incidence of pulmonary cancer in miners working in talc mines which contain tremolite and serpentine Q. Okay And there's the term tremolite and serpentine again 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 67 They didn't communicate it to you tremolite fibers tremolite asbestos or any qualifying language Everybody knew that when they used the term tremolite and used -- in this everybody knew they were talking about asbestos is that true MS QUINTANA Objection Relevance Improper opinion Outside the scope THE COURT Overruled THE WITNESS BY MR TISI That was my understanding yes Q. Okay And that was how people actually spoke at the time I mean -- A. Not -- Q. -- people who were talking about these different compounds they didn't say the only way it's asbes- -- the only way it's tremolite asbestos is if you use the word asbestos after the word tremolite MS QUINTANA Objection Relevance personal knowledge Outside the scope THE COURT Overruled Lacks THE WITNESS No people weren't going into that kind of argument back then BY MR TISI Q. Okay 1973 you got a letter from Dr. Nashid and this is Exhibit 453 which is admitted into 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 68 evidence We'll stay here for about 30 seconds Did you get a letter from Dr. Nashid A. Yes 0. Okay And you had written a letter on October 30th 1973 correct A. That's what he says he was responding to yes Q. And we don't have a copy of that letter do we A. I don't no Q. Okay And he sent you some information on talc safety for your review A. Yes Q. Okay And so you got a letter from Dr. Nashid to -- in addition to Dr. Hildick Dr. Shelley and Dr. Sawchuk correct A. Yes Q. And then if you would look at Exhibit Number 619 and -- we're not going to -- we're not going to publish this yet for the jury What is Exhibit Number 619 THE COURT Are you bringing it up MR TISI Oh I'm sorry Are you able to show just the witness No. Okay please Your Honor may I approach the witness 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 69 THE COURT You may MR TISI I apologize BY MR TISI Q. Without talking about what it is at this point can you tell me what it represents In other words don't talk about the document itself Just tell me what it is A. Well it's a note that I may have had a telephone call Q. And a telephone call with whom A. A telephone call with Bruce Semple of Johnson & Johnson Q. Okay And was this -- were these notes made contemporaneous with your call with Dr. Semple A. Yes Q. Okay Was this kept by you in the normal course of your work as -- as a consultant and people -- the work that you were doing at the time A. Yes MR TISI Your Honor at this point I would like the offer this into evidence MS QUINTANA Objection as to hearsay Your Honor and failure to lay a predicate THE COURT Can I see it MR TISI I can give you my copy Your Honor 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 70 I apologize for the handwriting Your Honor it's not only an ancient document but it is also a communication with an agent of the defendant THE COURT Okay Give me just a second I'll overrule the objection We'll receive 619 in evidence Plaintiff's Exhibit Number 619 Document was received in Evidence MR TISI I'm sorry May I have my copy back THE COURT Yes MR TISI Thank you Let's publish it -- May I publish it for the jury Your Honor THE COURT You may BY MR TISI Q. The only thing I would ask -- first of all you know Dr. Semple worked with Johnson & Johnson Do you see that A. Yes Q. Okay So we added his -- let's add his name to the list of the people who were contacting you at the time Bruce Semple Did you understand -- did you have an 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 71 understanding of who he was at the company A. Well I understood that he was part of the research group of scientists who worked for Johnson & Johnson Q. So up until this time from 1971 to 1975 you were communicating -- would it be fair to say you were communicating fairly regularly with scientists looking at the question of -- of talc safety A. At Johnson & Johnson yes Q. At Johnson & Johnson And Dr. -- Semple can you just read the last sentence and tell us what Dr. -- Semple represent represented to you at the time A. Semple thinks the relative innocuousness of talc is because of platy morphology that it easily picked up -- that is easily picked up by the mucous stream and little is retained in the lungs Q. Did he tell you anything about any testing that had been done on the issue of asbestos at that time MS QUINTANA Objection Relevance Improper opinion THE COURT Overruled THE WITNESS think Not in this phone call I don't 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 72 BY MR TISI Q. Okay And you had been speaking to - -to all of these people from 1971 to 1975 One of the things you were interested in was whether or not talc did or did not contain asbestos is that true A. Yes Q. All right And all during this time frame did anybody ever tell you that the mines were not clean Did they tell you that A. No. Q. Did they ever tell you that the mines -- that they could not separate out asbestos tremolite from talc MS QUINTANA Objection opinion THE COURT Overruled Relevance Improper THE WITNESS BY MR TISI They did not tell me that Q. Did they ever tell you that their laboratories were finding what -- tremolite in the mines A. No. Q. Doctor I'm going to show you something that has been marked into -- into evidence as Exhibit Number 934 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 73 MR TISI documents - - Judge this is one of the MS QUINTANA Judge I'm objecting to it being shown on the screen MR TISI It is something that has been admitted into evidence Your Honor It has come in MS QUINTANA My objection is to it being used with Dr. Castleman THE COURT Is this one page Can I see it MS QUINTANA No this is -- can we come sidebar Judge The following discussion was had at sidebar out of the hearing of the jury panel THE COURT How long do you want to process I'm trying to regulate lunch about -- MS QUINTANA Less than an hour THE COURT Okay MS QUINTANA My hope is about 30 minutes but I can't guarantee that I need to look at some things based on what came in THE COURT So hopefully it might take us an hour Is everybody all right MS QUINTANA Yeah MR TISI Yeah no problem THE COURT You want in limine instructions on 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 74 what I just received there MS QUINTANA I do Your Honor THE COURT Okay All right MR TISI Thank you MS QUINTANA Thank you Sidebar concluded THE COURT We will take a short break Someone needs to use the restroom Ms. Jones take the jury out Take your notebooks with you The jury panel left the courtroom after which the following proceedings were had THE COURT Okay The jury's out The door's closed You may all be seated Do you need a break Doctor You probably should step out THE WITNESS You don't need me THE COURT We don't need you for a bit so take about five minutes to use the restroom etc. THE WITNESS Thank you THE COURT May I see it MS QUINTANA Sure So Judge this is an internal Johnson & Johnson document that they received from McCrone Laboratories It's something that Dr. Castleman 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 75 would not have seen or heard at the time from 1971 to 1975. I can anticipate Mr. Tisi's questions based on what he asked in the deposition He's going to ask him you know about this document and whether Johnson & Johnson ever showed this to him or told him about it What Johnson & Johnson did not tell Dr. Castleman during that time is entirely irrelevant to his testimony as a fact witness They had no duty to tell him these things They had - you know there's to concealment claim here There's no concealment claim against Dr. Castleman This is going to be pure expert opinion testimony and it's entirely irrelevant to his opinion as a fact witness THE COURT Okay Before I hear from the plaintiff let me just read this please MR TISI Well all I've got to say Judge is this letter -- this is already in evidence I think the jury -- I was only going to ask him to read a document that is already in evidence It makes sense in the context of his testimony I'm just publishing the document I'm not going to ask any questions about it I think it will be obvious why I'm asking the question But I think the jury's 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76 going to be entitled to hear from this perfect witness to read it to the jury THE COURT All right MS QUINTANA Judge if they want to make this argument in closing they're able to do that with this document but I don't think it's proper to put it in through -- to put this testimony in through Dr. Castleman who they've identified only as a fact witness who did not know about this document during the time that he was communicating with Johnson & Johnson And Johnson & Johnson had no -- you know no obligation to provide this to him MR TISI With this sole exception being Your Honor this is one of the very specific laboratories that I told him they got confirmation of that there was no asbestos in talc This document from the laboratory that they told him that they got that information from says something completely different And again I'm not going to ask him any questions other than to have him read it and to identify this as one of the laboratories who they made a representation to him about They didn't have a -- whether they had a duty or didn't have a duty they did make a 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 77 representation about this lab MS QUINTANA If I could just add Judge then it's disingenuous because there are thousands of other McCrone documents and other testing documents from Johnson & Johnson that are going to come in throughout this trial that do show that their talc was free of asbestos MR TISI Bring them in MS QUINTANA I mean I don't want to do that with Dr. Castleman I had no intention to do that today THE COURT Okay So the objection is overruled Really at the end of the day this is boiling down to you want Dr. Castleman to read from a document that's already in evidence MR TISI Correct THE COURT And that's all you're going to do MR TISI That's all I'm going to do THE COURT And I'm not going to conclude that it's you know so far out of the zone of his testimony that I shouldn't include that So I'll note your objections MR TISI And there is one other -- I'm going to only do this with one other document which is the next document And I'm sure it's the same -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 78 it's the same issue And it's really going to be quick and I'll be done with the direct MS QUINTANA My objections are the same THE COURT So I'll consider those -- what's the name of the document MR TISI We call it the Clean Mines Document But yes you'll see it THE COURT Clean Mines MS QUINTANA This one MR TISI Yes correct THE COURT All right Does it have a number MR TISI It's Exhibit Number 2561 and it's already been admitted in evidence Again this deals directly with the issues that they discussed with Dr. Castleman So if you look at it - THE COURT Okay So it's in evidence It's going to be - -it's proffered that you're going to be using it in the same manner MR TISI Correct THE COURT And I'm going to consider the defense to raise the same objection MS QUINTANA Correct Your Honor THE COURT And I'll overrule the objection MR TISI Thank you very much Your Honor MS QUINTANA That's fine Thank you Judge 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 79 THE COURT All right direct examination Where are you in your MR TISI I have this and then I was obviously going to deal with the question of the congressional testimony and then I'm done THE COURT Okay So quantify that for me please MR TISI Half hour -- 20 minutes half hour THE COURT Okay So what we'll do then I guess is just take a minute break We'll let whoever needs to use the restroom use the restroom Then we'll come back and we'll complete his direct If it goes a half an hour I'll probably break for lunch before -- MS QUINTANA Honor Okay That's perfect Your MR TISI Honor Sure No problem Thank you Your THE COURT Court's in recess until 11:50 MS QUINTANA Okay THE COURT Thanks Thereupon a recess was taken after which the proceedings continued as follows THE COURT You can all be seated All right Are we ready to continue 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 80 MR TISI Yes Your Honor MS QUINTANA Your Honor I have one more objection I would just like to put on the record after I review these letters THE COURT Okay MS QUINTANA So the letter that Dr. Castleman received from Johnson & Johnson regarding the McCrone Laboratories was dated August 2nd 1971 That was the response The document that Mr. Tisi wants to ask him about now saying that you know Johnson & Johnson didn't send this to you is dated 1972. So it was -- this document was received by Johnson & Johnson after they wrote Dr. Castleman this letter And again they had no duty to you know supplement their response to him Same with Plaintiff's Exhibit 2561 which is the Windsor Minerals and Talc document That document is dated April 26th 1973. The document in which Johnson & Johnson represents to Dr. Castleman that the talc comes from our own mines and talks about the quality is March 7th 1972 So both of these documents come after the dates that Johnson & Johnson had written to Dr. Castleman on these topics 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 81 MR TISI Your Honor just to be clear he was communicating -- I think the record will show he was communicating constantly with numerous scientists in this whole timeframe I'm simply going to ask him to read a letter that's already in evidence THE COURT So that's what I was going back to what you told me That's what I thought you told me So you're not going to ask - you said - the transcript says I'm not going to ask any questions about it MR TISI I'm simply -- I will lay the foundation Is this one of the labs that they talked about THE COURT Yes MR TISI Is this in the timeframe between '71 and '75 What does it say It's already in evidence THE COURT And I'll note your objection Based upon that proffer I'll overrule the objection and allow you to do that based on your representation you're not going to be on it MR TISI I will not MS QUINTANA Thank you Judge THE COURT All right We will have the jury 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 82 THE BAILIFF Yes Judge THE COURT And once she's getting the jury I think we have an issue from the jurors Tammy Castillo - MR TISI I'm sorry THE COURT Tammy Castillo is a juror She's Juror Number 6. And she told the court deputy that she needs to go out of town next Friday So I guess she said she didn't think we were going to be in session on Fridays which to some degree is what she was told but the -- I think we told them on day one it was going to be possible on the 3rd But I'm just letting you know that I don't want to get into a big discussion about it right now I think you said you wanted to call Dr. Lopes that day MR UUSTAL Yes sir THE COURT We will need to address that with the juror before the end of the day MR UUSTAL Okay MS QUINTANA Your Honor I apologize have a motion to make at this time I do Your Honor the defendants are moving for a mistrial based on Dr. Castleman's testimony outside the scope of his opinion - or outside the scope of 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 83 a lay opinion fact witness He's testified to multiple things that only an expert can testify to So at this time I'm moving for a mistrial THE COURT Okay That motion is denied MS PIERSON Your Honor also I think I had mentioned there was some mislabeling of some of the last of the exhibits on the exhibit list And we have a list for the clerk THE COURT The clerk left So if we could do that when she gets back MS PIERSON Thank you Your Honor The jury panel entered the courtroom after which the following proceedings were had THE COURT All right You can be seated and welcome back members of the jury Dr. Castleman is continuing on the witness stand I'll remind him he's continuing under oath At this time Mr. Tisi you may continue with your direct examination MR TISI Thank you And I'll try -- because everybody is wanting to get their lunch I'm going to try to speed it up for you BY MR TISI Q. Doctor I am going to hand you two documents The first document I'm going to hand you -- or I'm going 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 84 to bring up on the screen is Exhibit 934 Now this is not a document that you saw in 19 -- between 1971 and 1975 is that correct A. That's correct Q. All right For the record this is a document from -- to Johnson & Johnson from Walter McCrone and Associates Do you see that A. Yes And the date is 1972 Do you see that A. Yes Is that in the time frame that you were having this forth with scientists at Johnson & Johnson A. Yes Q. Okay And this is the laboratory -- I think in the first letter you got from Johnson & Johnson is this one of the laboratories they specifically mentioned as saying that the - -the talc was asbestos A. It was one of the laboratories Johnson & Johnson's letter mentioned in that connection Q. Okay All right And I'm going to ask you simply to read for the members of the jury what this report says I'm not 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 85 going to ask you to comment I'm going to ask you to read it because it's already in evidence okay A. Yes Q. All right If you go to page - -the second page In the summary it says -- would you say what -- would you please read what the summary says A. Two samples of Johnson & Johnson's baby powder Batch Number 108T and 109T which correspond to the samples examined by Professor Seymore C. Druenne of New York University on behalf of the FDA have been examined by ray defraction light microscopy transmission electron microscopy and electron defraction to determine whether they contain any asbestiform minerals Both samples contain an insignificant amount of tremolite less than .5 percent Neither sample contains chrysotile Q. If you go to the next page in the middle of the page it says -- under light microscopy there's a sentence at the end of the paragraph Would you read it to the members of the jury A. The total tremolite content of the two samples would be approximately 0.5 percent for 108T and 0.2 to 0.3 percent for 109T Q. And if you look at the last page it is 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 86 report from - -there's a note from Dr. Nashid Do you see that A. Yes Q. Okay And can you read the last sentence of that note from Johnson & Johnson A. Levels are extremely low but occasionally can be detected optically This is not new Q. Doctor I'm going to hand you another document -- another document that has been admitted into evidence It's Exhibit Number 2561 Do you see that A. Yes Q. Okay Referring back to your testimony about -- do you remember what they told you about their mines and - and that they were clean Do you remember that testimony A. Yes Q. And did they tell you that A. They said that their mines were free of asbestos Q. Okay I'm going to ask you to read -- this is a memorandum -- an internal memorandum from Johnson & Johnson If you would read for me -- read for the members of the jury what they said on this document 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 87 Point Number 1 A. It says It is our joint conclusion that we should not rely on the clean mine approach as a protective device for baby powder in the current -- thanks -- in the current asbestos or asbestiform controversy We believe this mine to be very clean However we are also confident that fiber forming or fiber minerals could be found The usefulness of the clean mine approach for asbestos only is over Q. All right On the second page there's a Section B. Do you see that A. Yes Q. Okay Would you please read for the members of the jury what J said internally in 1973 during the time frame that they were communicating with you beginning with the phrase Occasionally A. If you could blow that up that will be easier for me MR TISI It's right here Do you see that At the very bottom of Section B. THE WITNESS Thanks Occasionally trace quantities of tremolite or actinolite are identifiable optical microscope and these might be 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 88 classified as asbestos fiber BY MR TISI Q. Lastly on Page 3 would you -- there's a Section C. Would you please read for the members of the jury what they were saying internally in 1973 A. Cornstarch is obviously another answer The product by its very nature does not contain fibers Furthermore it is simulated by the body Q. Okay Now let's switch topics for a minute and I think I'll be done You mentioned before that you testified before Congress in this time frame Would you remember when that was A. Yes It was in February of 1973 Q. Okay Before I talk about that I'm going to show you a document which we've had marked as 3414 and it's a document that came from Johnson & Johnson's files Do you see that at the bottom there's a Johnson & Johnson Bates number I'll represent to you that that indicates it comes from their files A. Yes MS QUINTANA And Your Honor I'm going to renew my objections on this as to outside the scope 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 89 relevance and improper opinion MR TISI This concerns -- THE COURT The objection is to him asking Dr. Castleman questions about this document that's in evidence MS QUINTANA Correct Your Honor THE COURT Then I'll overrule that objection BY MR TISI Q. On the hand side it says From the desk of WHS Ashton Do you see that A. Yes Q. Okay Now it says to -- they're forwarding this to a bunch of people including Dr. Shelley Dr. Nashid and those are people that you were communicating with at this time correct A. Yes Q. Those were the scientists that we saw letters forth from true A. Right Q. Okay And what is the title of this article A. Asbestos Hazards Found Widespread Q Okay Now -- and the date is -- do you see it A. February 24th 1973 Q. Does this concern the hearing that you 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 90 testified to Doctor A. Yes I testified at a -- at a Senate hearing the day before this appeared Q. Okay And in fact your name is actually mentioned here is that true on the right side another witness A. Yes Q. An environmental engineer at the Baltimore County Department Do you see that A. At the Baltimore County Health Department yes Q. And if you go to the next page - the next page of that document -- A. This is another document MR TISI This is another document Okay BY MR TISI Yeah Q. The article continues and there are hashmarks do you see that to highlight those two paragraphs A. Yes in the margins Q. And you can read it but when you see that what does it say to you A. Well it refers to the senator who was conducting the hearing Senator John V. Tunney from California acting subcommittee chairman asked whether 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 91 his children should stop blowing up balloons whose powder inside signify the presence of asbestos fibers and should he quit using his aftershave talcum powder Q. Okay You mentioned Dr. Selikoff before What does this article say Dr. Selikoff replied A. Yes it does mean that Dr. Selikoff replied Emphasizing that the ills from asbestos don't show up for 20 to 30 years Anything that has asbestos in it keep it away from your kids Q. Okay So now you testified this - -does this article -- what does this article suggest the day after the hearing that the company understood about your -- that -- about a hearing that happened the day before MS QUINTANA Objection Relevance Improper opinion Outside the scope Lack of personal knowledge Speculation THE COURT I'm going to sustain the objection BY MR TISI Q. Okay Doctor did you in fact address and communicate in that hearing information that you made public about asbestos in Johnson's baby powder MS QUINTANA Objection Improper opinion Hearsay And outside the scope THE COURT Overruled THE WITNESS In the hearing there was a 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 92 report that I had written that was submitted and made part of the -- the hearing record and the committee print which included our report called Asbestos and You and there it was mentioned that -- MS QUINTANA Your Honor I'm going to object to him talking about Asbestos and You MR TISI It's in the -- MS QUINTANA On the grounds of hearsay MR TISI It's in the Senate hearing Your Honor MS QUINTANA Which is not in evidence Your Honor THE COURT No I understand At this point I'm going to overrule your objection I'm going to find that he can testify about that MR TISI Thank you Your Honor THE COURT So if you're going to bring it -- if you're seeking to introduce the document BY MR TISI Q. Doctor I'm going to refer you to Page 173 Can you bring up Exhibit -- I forget where this exhibit was -- THE COURT No I'm not receiving that into 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 93 evidence That needs to be taken down please MR TISI Yeah I apologize I didn't - - THE COURT I understand BY MR TISI Q. What did you tell the members of the community and the Senate at that time A. As to talc I said that people should use cornstarch instead of talc powders Q. And this would have been in 1973 when you were talking to Johnson & Johnson true A. Yes Q. Did you say anything about -- did you communicate anything about whether or not even trace amounts of asbestos was safe MS QUINTANA Objection Hearsay Relevance Improper opinion Outside the scope of Your Honor's order THE COURT Overruled THE WITNESS Yes I -- I said that even trace amounts of asbestos would would render the product hazardous BY MR TISI Q. Okay And did you say anything about whether or not products that could be airborne present a problem 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 94 A. Well if there was any possibility of asbestos released from the talc products that they shouldn't be used That was the sense of what I -- what I wrote Q. I also -- before I sit down I asked you early on whether we paid for you to come down here -- we paid your normally hourly rate to give your fact testimony here Would you tell the members of the jury what you've been paid A. The hourly rate is 400 MR TISI Okay Thank you very much I don't have any other questions at this time THE COURT All right Members of the jury before we begin the examination of the defense we're going to break for lunch I will -- can you maybe come sidebar Ms. Quintana please MS QUINTANA Yes Your Honor THE COURT Let me just get an update You can pass those notebooks in I'm going to collect those Thank you The following discussion was had at sidebar out of the hearing of the jury panel THE COURT How long do you think cross is going to be because I'm trying to regulate lunch 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 95 without limiting you in any way MS QUINTANA Less than an hour THE COURT Okay MS QUINTANA And I hope it's about 30 minutes but I can't guarantee that THE COURT huh MS QUINTANA I need to look at some things based on what came in THE COURT So I'm going to break for an hour Is everybody all right with that MR TISI Yeah no problem MS QUINTANA Yeah THE COURT Secondly do you want a limiting instruction on what I just received there MS QUINTANA I do Your Honor THE COURT Okay All right Thank you MS QUINTANA Thank you The following proceedings were had in the presence of the jury panel THE COURT Members of the jury before I send you to lunch let me just give you an instruction as I may do from time to time throughout the trial as to evidence that's been presented before the jury You just heard testimony from Dr. Castleman 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 96 about what he says he said in a U.S. Senate hearing in the 1970s The Court received that evidence for the purpose of the notice And you're not to consider it Dr. Castleman has not been brought to court today as an expert witness able to give opinions about these matters He was brought and his testimony presented by the plaintiff simply as a fact witness about what he said that day and you're to consider that only in that way Anything else from the plaintiff MR TISI No Your Honor Thank you very much THE COURT From the defense MS QUINTANA Not at this time Your Honor THE COURT All right Have a nice lunch I will see you at 1:10 please The jury left the courtroom after which the following proceedings were had THE COURT Okay You can be seated Dr. Castleman you're excused We'll see you back in an hour He's on examination now SO it would seem that he should not be talking to anyone unless there's -- MR TISI I will not other than just to tell 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 97 him where the food is THE COURT Of course Great All right Doctor we'll see you in an hour okay THE WITNESS Thank you Your Honor THE COURT Thank you Anything else from the plaintiff MR TISI No Your Honor THE COURT The defense MS QUINTANA No Your Honor THE COURT Okay Thank you very much Court's in recess till 1:10 Thereupon a lunch recess was taken after which the proceedings continued as follows THE COURT You can be seated thank you We're back on the record The parties are present Is the plaintiff ready to proceed MR TISI Yes Your Honor THE COURT Defense ready to proceed MS QUINTANA Yes Your Honor I have two things that I would like to do before the jury comes back in Your Honor THE COURT Okay MS QUINTANA The first is I would like to 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 98 preadmit one exhibit It is Plaintiff's Exhibit 452. It is a letter from Dr. Castleman to Johnson & Johnson on October 30th 1973 THE COURT Okay MR TISI We have no objection Your Honor THE COURT All right So that's 452. You just want to leave it as Plaintiff's 452 Is that -- MR TISI That's fine Judge MR UUSTAL Yeah because otherwise it would -- we would object if the defense starts moving in exhibits But since that's our exhibit we don't care THE COURT You'll agree to it MR UUSTAL Yeah THE COURT All right MR UUSTAL Because it's a plaintiffs exhibit THE COURT Okay All right MS QUINTANA The other thing Your Honor is that we looked at the realtime over lunch and we would ask that Your Honor would expand the limiting instruction to Dr. Castleman's testimony in general not just to the Congressional hearing given that he has given quite a few -- what I interpret as expert opinion So we would just ask that -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 99 THE COURT Write out exactly what you want me to say MR TISI Your Honor we would object to that THE COURT Well let's see exactly what she wants to say MR TISI Okay But I was really careful in saying what you meant at the time what you said at the time I wasn't asking what his opinions are now They're very different THE COURT I understand But I'm -- MS QUINTANA I just have to find it in the realtime Your Honor It was your exact limiting instruction Just that it's not limited to his testimony at the Congressional hearing It's his testimony as a whole that he's not an expert THE COURT Go ahead MR TISI Your Honor I just feel like that -- doing that would tip the balance You know it's almost like an admonishment as opposed to an instruction When you do something twice it taints the testimony when you do it that way THE COURT Okay Well I'm going to - if the defense wants a specific instruction you can propose it But if I deny it we'll make a record of that 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 100 I do -- I don't have the language in front of me on the realtime but I do believe I said that he's been called here as a fact witness MR TISI Correct THE COURT Not as an expert witness MR TISI Thank you THE COURT And I understand the defense point but I'm not so sure I need to put anything else But I'm happy to consider any specific language that you want me to instruct the jury on okay MS QUINTANA Understood Your Honor THE COURT Why don't you get going on the cross and then we can -- MS QUINTANA THE COURT Okay Yeah that's perfect do that in the next recess if that's okay MS QUINTANA Okay THE COURT So with that are you ready MS QUINTANA I am Your Honor THE COURT And so we'll have the jury please Doctor you're ready right THE WITNESS Yes Your Honor THE COURT Okay Thank you MS QUINTANA I'm just going to flip this so that it's clean if that's okay with you 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 101 MR TISI Of course Of course THE COURT And we need to talk to that juror I don't know Have you had any discussion about that I don't know what sort of flexibility you have MR UUSTAL That's a very difficult one We would at least like to find out you know what exactly she's asking for THE COURT Well she did the - -and I'm going to do that But she told the deputy that I think she's leaving Thursday night for an town work trip or something but we'll follow up at the next break okay So I'll talk to her about it privately The jury panel entered the courtroom after which the following proceedings were had THE COURT Okay You can all be seated And welcome back members of the jury We're ready to continue All the jurors are present Dr. Castleman is continuing on the stand under oath The plaintiff's counsel Mr. Tisi completed his direct examination so now I'll turn to defense counsel Ms. Quintana for examination You may proceed when you're ready 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 102 MS QUINTANA Thank you Your Honor EXAMINATIO EXAMIN NATION BY MS QUINTANA Q. Good afternoon Dr. Castleman A. Good afternoon Q. We have not met before My name is Kayla Quintana It's nice to meet you A. All right Q. Now you testified on direct examination about several letters that you exchanged between yourself and Johnson & Johnson in the 1970s correct A. Right Q. I want to talk a little bit about what you were doing at the time that you wrote those letters You graduated college in 1968 is that correct A. Yes Q. And so at the time that you wrote your first letter to Johnson & Johnson in 1971 you were in grad school A. That's right Q. Okay And at that time you had a degree in engineering is that correct A. Right Q. So I want to look through some of those letters I know we looked through them earlier and the 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 103 jury has already seen them MS QUINTANA Lawton can you pull up Tab 1 BY MS QUINTANA Q. Now this was admitted as Plaintiff's Exhibit 434 This is the first letter that you wrote to Johnson & Johnson dated July 25th 1971 is that correct A. Yes Q. Okay And this is handwritten is that right A. Yes Q. It looks like you wrote the letter on July 25th 1971 and then it was received by Johnson & Johnson on July 27th is that correct A. Yes Q. And at the time that you wrote this letter you were a graduate student at Johns Hopkins University in Baltimore Maryland A. Yes 0. You wrote to Johnson & Johnson in part because you were curious about talc in asbestos right A. Yes Q. And you believed that Johnson & Johnson was knowledgeable regarding talc A. Yes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 104 Q. Okay In this letter in July of 1971 you asked Johnson & Johnson about the potential contamination of asbestos in talcum powder right A. Yes Q. Now let's look at another document going to be -- MS QUINTANA Tab 3 Lawton BY MS QUINTANA This is 2 This has been already introduced as Plaintiff's Exhibit 1033 This is a Johnson & Johnson internal memo dated July 28th 1971 Do you see that A. Yes Q. Now to be fair this memo was not sent to you correct A. Correct Q. This was Johnson & Johnson talking internally amongst themselves A. Yes Q. Now in this memo Johnson & Johnson is discussing your letter that they had just received a few days earlier right A. Right Q. And Mr. Tyrell acknowledges that you seemed to 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 105 have scientific knowledge far beyond the normal type of inquiry that they receive from the public A. That's what it says Q. So then he escalated the letter to Johnson & Johnson's R department to provide you with a more scientific response correct A. Yes Q. R stands for research and development to your knowledge is that right A. Yes Q. So three days after Johnson & Johnson received your letter they internally escalate the letter to their D department so that you would be provided with a scientific response true A. Yes Q. A few days later Johnson & Johnson sent you a response is that correct A. Yes MS QUINTANA Lawton can we pull up Tab Number 4. This is Plaintiff's Exhibit 436 BY MS QUINTANA Q. Do you see what's on the screen Dr. Castleman A. Yes Q. So let's take a look at Johnson & Johnson's response to you 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 106 It's dated August 2nd 1971 right A. Yes Q. So this was only a few days after you wrote to them originally correct MR TISI I'm sorry What exhibit are we looking at MS QUINTANA It's Plaintiff's 436 MR TISI I'm sorry Thank you MS QUINTANA Yeah no problem BY MS QUINTANA Q. This letter was written by Thomas H. Shelley Ph.D correct A. Yes Q. And he was the director of Central Research Laboratories at the time A. Yes Q. So as requested in the internal memorandum that we looked at Johnson & Johnson had a specialist from their research and development department provide you with a more scientific response correct A. Yes Q. In this response Dr. Shelley responded to your questions regarding potential asbestos contamination in Johnson's baby powder true A. Yes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 107 Q. And let's take a look at what Dr. Shelley said Dr. Shelley tells you that there is no asbestos in Johnson's baby powder right A. Right Q. And to support this statement he cites some work performed by scientists at the Colorado School of Mines A. Yes Q. At McCrone Laboratories A. Yes Q. And Professor Fred Pooley at the University of Wales correct A. Yes Q. So a little over a week after Johnson & Johnson received your letter they responded by answering your questions and providing scientific support for their responses correct A. Yes Q. Now following this letter at some point again during that time period you write to Johnson & Johnson right A. Right Q. And I don't believe that we have a copy of that correspondence is that true A. I don't And I haven't seen it in - - produced 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 108 in the litigation either Q. Okay So you don't know exactly what you would have said right A. I don't know exactly what I wrote to them either Q. And you believe -- I think you testified on direct examination that it was like a postcard A. Evidently from the response to -- to the second communication it appears that it was a postcard Q. Okay So let's look at that response MS QUINTANA Lawton this is going to be Tab 6 BY MS QUINTANA Q. And this is Plaintiff's Exhibit 1688 So this letter is written on March 7th 1972 Do you see that A. Yes Q. And it's written by Steven Sawchuk M.D. who was an associate director of clinical research A. That's what it says Q. And to your understanding M.D. stands for medical doctor correct A. Yes Q. Dr. Sawchuk first apologizes for the delay in responding to your inquiry right 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 109 A. Yes Q. And then explains that your card was lost in interoffice transit but they recovered it shortly before his response to you right A. Right Q. He then tells you that for Johnson's baby powder the talc comes from Johnson & Johnson's own mines right A. Yes Q. Which he says were specifically selected for the quality of their talc A. That's what he wrote Q. Dr. Sawchuk then explains to you the method used by Johnson & Johnson to wash its talc to ensure it is pure correct A. He makes reference to that yes Q. And he informs you that under careful analysis by independent experts the finished product has been shown to be free of asbestos Did I read that correctly A. Yes That's what he wrote Q. And now this was in March of 1972 right A. Right Q. A few months later you write your third letter to Johnson & Johnson right 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 110 A. Yes I think so Q. And sorry I can pull it up for you Dr. Castleman MS QUINTANA It's Tab 7 Lawton Plaintiff's Exhibit 1104 And it's BY MS QUINTANA Q. So you write to Dr. Shelley again correct A. Yes Q. Now let's look at your letter August 3rd 1972 A. Yes This is dated Q. You tell Dr. Shelley When I was doing research on asbestos at Johns Hopkins I asked you some questions about Johnson's talc and you sent a very informative reply Do you see that A. Yes Q. At this point in 1972 you agree that Johnson & Johnson's reply to your letters was informative A. Well I I believed them and I was accepting what they had told me Q. You go on to say It is apparent that Johnson's talc is free of asbestos right A. That's what I wrote Q. You then inquire about individuals who are 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 111 occupationally exposed to talc such as the miners and millers of talc right A. Yes Q. And you tell Dr. Shelley that you need research of at least 100 men who have had occupational exposure to talc which commenced at least 20 years ago A. That's what I wrote yes MS QUINTANA Lawton can we pull up Tab 8 This is Plaintiff's Exhibit 1683 BY MS QUINTANA Q. So a week later on August 10th 1972 Johnson & Johnson responds to your letter correct A. Yes Q. They did not ignore you at the time is that right A. Right Q. Dr. Shelley here was responding to your inquiry regarding the talc miners right A. He was responding to my August 3rd letter Q. Right Which was regarding talc miners right A. Yes Q. And so he informs you that Dr. Hildick is on vacation but will write to you shortly upon his return right 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 112 A. That's what he said Q. And he did this he said because the information you requested was largely medical in nature right A. That's what he wrote Q. And that's why they were having Dr. Hildick respond to you correct A. That's what he said 2. So then about a month later on September 19th 1972 you received another letter from Johnson & Johnson And this is Plaintiff's Exhibit 744 MS QUINTANA Lawton it's Tab 9 BY MS QUINTANA Q. Do you see that Dr. Castleman A. September 19 1972 is the date of the letter that I was sent Q. And this letter was sent by Gavin Hildick M.D. the director of clinical research at Johnson & Johnson at the time correct A. Yes Q. Okay So Dr. Hildick begins by thanking you for bringing to Johnson & Johnson's attention your concern about the possibility that talc by itself may be a carcinogen right A. Yes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 113 Q. And he explains that because Johnson & Johnson markets talc it had a real concern right A. Yes Q. So he tells you that the company has been monitoring on a continuing basis the world literature on the biological activity of talc right A. That's what he said Q. He states that They are primarily interested in determining whether the cosmetic use of talc can cause any harmful effects right A. That's what he wrote Q. And he tells you at the time that the company had no real reason to believe that talc alone will induce neoplastic changes right A. That's what he wrote Q. Dr. Hildick then provides you with some points that support Johnson & Johnson's position that pure talc is not a carcinogen correct A. He -- he wrote that yes Q. And he provides you with I believe four bullet points is that right You can only see two on the screen but there are four total MS QUINTANA the other two Lawton if you'll scroll down to 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 114 THE WITNESS BY MS QUINTANA Yes there are four Q. At that time Dr. Hildick also addressed your request for the records of 100 men who were occupationally exposed to asbestos correct A. No I wasn't asking for the records I was making a suggestion about the kind of study that I thought would be needed Q. Right And he responded to that right A. Yes Q. So he explains to you that it might not be feasible to pull those records together true A. I'm looking for the part that you're referring to Q. In the context of the entire paragraph what he's saying is that that might not be feasible but then he gives you some other alternatives right A. Well he talks about it being pertinent but consuming to gather that kind of information Q. Right And so he tells you that because it was consuming Johnson & Johnson instead was currently following an extensive epidemiological survey of the cause of death in a large group of industrial workers exposed to talc right A. That's what he -- that's what he wrote 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 115 Q. And he writes to you that this is being done with a view to determine whether they differ from other appropriate populations right A. That's what he said Q. He says In addition to that Johnson & Johnson was attempting to obtain data on the cause of death in talc miners right A. Yes Q. And again that they were doing that to determine if the cause of death differs from other populations right A. That's what he said Q. Dr. Hildick then concludes this letter by telling you Thank you for your interest in writing to Johnson & Johnson and that he looked forward to supplying you with pertinent published data as they become available right A. That's what he wrote Q. So I believe we determined that this was your fourth letter to Johnson & Johnson A. Q. again Does that sound right Third or fourth yes So a year later you write to Johnson & Johnson MS QUINTANA Lawton can you pull up Tab 10 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 116 BY MS QUINTANA Q. And this has just recently just been introduced as Plaintiff's 452 Do you see that A. Yes So this is a letter dated October 30th 1973 that you write to Dr. Nashid Ph.D. the director of science and information for Johnson & Johnson right A. Yes Q. And you tell the doctor that you read with interest a copy of his informative booklet called Talc Safety a Literature Review right A. Yes Q. Which you said was submitted to the FDA in March and you would be grateful if he would send you a copy right A. That's what I wrote Q. Now you see that this document was received by Johnson & Johnson on November 2nd 1973 Do you see that A. Yes MS QUINTANA BY MS QUINTANA Lawton can we pull up Tab 27 Q. This is Plaintiff's Exhibit 453 So less than two weeks later Dr. Nashid writes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 117 back to you right A. Yes Q. This was on November 13th 1973 A. Yes Q. He thanks you for your letter and and sends you a copy of the talc safety literature review correct A. Yes Q. Now at some point in 1975 you write a sixth letter to Johnson & Johnson is that right A. Again if you can show me the letter Q. So I don't have a copy of the letter but this is in response -- or prior to your phone call with Dr. Bruce Semple Do you remember that A. I think my note about Semple which I have in front of me makes reference to another letter but let me just see Q. Okay A. Yes I had apparently written something to Dr. Hildick which we don't seem to have a copy of MS QUINTANA Lawton can you pull up Tab 11 which is the call transcript that Dr. Castleman was just reviewing It's Plaintiff's Exhibit 619 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 118 BY MS QUINTANA Q. This is what you were just reviewing right Doctor A. That's what I was just looking at just now yes Q. Okay And this was your last conversation with Johnson & Johnson during that '71 to 1975 time period right A. I believe so yes Q. So this was a phone call that took place between you and Dr. Bruce Semple A. Right yes Q. And according to your letter -- I'll strike that Dr. Semple called you in response to the letter that you wrote to Dr. Hildick right A. That's what is recorded here yes Q. And this was a phone call correct A. The note that I made was of a phone call yes I even wrote down his phone number Q. So during this call Dr. Semple told you about current studies on the effects of talc right A. Yes Q. And informed you of several reports that would be issued regarding the current effects of talc right 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 119 A. Yes Q. Which included studies on miners and millers is that true A. Yes Q. time Among other studies that were going on at the A. Well I don't know about others -- yes there's some mention about other studies down below Q. And to your knowledge you did not write to Johnson & Johnson again in the 1970s after this phone call right A. Right Q. So to recap those letters Dr. Castleman we just looked at several letters between you and Johnson & Johnson in the 1970s right A. Yes Q. You would agree that every single time that you wrote to Johnson & Johnson back then they responded to you true A. That appears to be the case yes Q. And not just any employee responded right A. Right These were people who had some degree of knowledge and sophistication in the areas that I was inquiring about Q. Right So you received responses from 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 120 Dr. Shelley who was the director of Central Research Laboratories A. Yes Q. Dr. Steven Sawchuk the associate director of clinical research A. Yes Q. And from Dr. Hildick who was the director of clinical research right A. Yes Q. You would agree that during the time that you were writing to Johnson & Johnson they provided you with timely responses to your letters right A. The responses were timely yes Q. Now you testified on direct just a little bit about what you have done for the past or years right A. Yes MR TISI Objection Your Honor approach THE COURT Sure May I MS QUINTANA I'm not going any further than that That's it Okay BY MS QUINTANA Q. Isn't it true Doctor that your largest source of income when you were in graduate school at the time 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 121 that you were writing to Johnson & Johnson was working for plaintiffs lawyers MR TISI Objection Your Honor THE COURT What's your legal objection MR TISI My legal objection is he's here as a fact witness and they asked about -- I don't think he had any -- I'll withdraw it You can answer it THE WITNESS The answer's no I wasn't receiving money from plaintiffs lawyers before 1975 or before 1976 BY MS QUINTANA Q. Dr. Castleman do you recall giving a deposition in May of 2016 A. No. I get deposed a lot I don't recall every deposition Q. Okay If I showed you a copy would that help A. Well it probably would MS QUINTANA Okay Give me one second Your Honor THE COURT Yes ma'am MS QUINTANA Would Your Honor like a copy THE COURT Sure MS QUINTANA line It's just like one page and 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 122 THE COURT Thank you MS QUINTANA If Court and counsel would turn to the deposition at Page 155 lines 17 through 22 THE COURT 1-5-5 MS QUINTANA 1-5-5 THE COURT Okay Thank you The line was - what's your line MS QUINTANA Lines 17 through 22 THE COURT Okay Thank you BY MS QUINTANA Q. So Doctor you were asked And you partly funded your education with money you were making doing work on the plaintiffs side correct MR TISI Objection Objection Your Honor -- go ahead THE COURT Overruled BY MS QUINTANA Q. And you say Well it was most -- I mean I made income from other sources but that was the largest source of income during the time I was in graduate school Did I read that correctly A. I was talking about my doctoral studies not my master's studies Q. Okay 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 123 A. The doctorate studies were in the 1980s Q. Understood You mentioned on direct a publication by Kleinfeld correct A. I did Q. And that was something that you had written to Johnson & Johnson about A. Right Q. That publication dealt with talc miners and millers at the New York Gouverneur line right A. Yes in New York State Q. And you are aware that that mine was for industrial talc correct A. I'm not sure that they limited their sales to anybody that didn't want to buy I've certainly come across their talc being used to make various types of tiles and other products but I don't know that it was limited to industrial talc I said I've never seen -- I've never heard of any -- any records of all the customers for the talc that came from those mines Q. Understood But either way that entire study was about the New York Gouverneur line right A. It was about the people who work as miners in those mines 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 124 MS QUINTANA for one second Your Honor Court's indulgence THE COURT Sure MS QUINTANA Thank you BY MS QUINTANA Q. Dr. Castleman the last question I have for you you mentioned on direct a book that you wrote called Asbestos and You right A. It was a report yeah We sold it as a booklet for the Center for Science in the Public Interest and it was also entered into the record at the Senate hearing Q. And during the time that you were corresponding with Johnson & Johnson in the 1970s you never sent them a copy of that correct A. I'm pretty sure I didn't MS QUINTANA Thank you Your Honor No further questions THE COURT All right Redirect examination MR TISI Yes Your Honor Just very briefly The following discussion was had at sidebar out of the hearing of the jury panel MR TISI Yeah I don't want to run afoul of your rulings but it seems to me that questions were asked of the witness that would suggest that they 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 125 were being forthcoming with -- with the witness I -- THE COURT I don't understand they were being forthcoming MR TISI Forthcoming they timely responded They gave him all the information he wanted All that kind of stuff And it seems to me -- THE COURT the 1970s Johnson & Johnson was doing that in MR TISI In the 1970s THE COURT Okay MR TISI And when I asked him for example the clean mine's document and the other document I never asked him the question do you think it's -- they were being -- they were being honest with you or maybe a different word might apply I think counsel's opened the door for me to ask that question now THE COURT Okay MR TISI I don't want to run -- I don't want to run afoul because -- THE COURT I respect that MS QUINTANA I disagree Judge I was reading directly from the documents I made sure not to stay anything - -the only question I asked 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 126 him is whether he thought it was informative which was in letter that he wrote and whether Johnson & Johnson responded timely And that is it That's as far as I went THE COURT Okay The proffer of Mr. Tisi on behalf of plaintiff seems to be that you want to elicit an opinion from Dr. Castleman regarding whether he believes they were transparent with him in corresponding MR TISI Correct THE COURT I'm going to sustain that objection by the defense Anything else MR TISI No. MS QUINTANA Thank you REDIRECT EXAMINATION BY MR TISI Q. Dr. Castleman just one or two questions before I -- before I sit down You were asked questions and I just want to clarify Long after you were -- you were dealing with Johnson & Johnson you have done work as a consultant for attorneys correct A. Yes 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 127 Q. Okay You weren't doing any of that at the time you were speaking to Johnson & Johnson were you A. No. MR TISI Okay No further questions THE COURT Is Dr. Castleman excused MR TISI Unless there's any redirect or any MS QUINTANA No recross Your Honor THE COURT All right Dr. Castleman have a good day THE WITNESS Thank you Your Honor THE COURT How will the plaintiff proceed next MR TISI Your Honor We want to read some admissions THE COURT Okay Are you ready to do that right now MR UUSTAL Yes sir THE COURT Are you going to play another witness at some point MR UUSTAL Yeah After this we have a witness by video MR TISI The only thing is the time -- given the timestamp Your Honor THE COURT Well if you need some logistical 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 128 time to set up I would excuse the jury for a moment MR UUSTAL Okay That might be -- THE COURT if you want to do that MR UUSTAL That would be great THE COURT Okay All right So we'll do that I'm going to ask the jury to step out except for Ms. Castillo Can you just remain seated for a moment I want to just chat with you about a scheduling matter No you can have a seat right there Not just with me with all of us Thank you so much for your service MS QUINTANA Your Honor do you mind if I come around just so I can see her THE COURT No not at all Absolutely Wherever you want So the court deputy told me that you have some scheduling issue that you wanted to bring to our attention THE JUROR Yeah I have a work trip that is from next Wednesday to Friday Because I thought we were going to be off the whole week and I didn't have to come in on Friday I didn't mention it for 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 129 that reason THE COURT Okay What time do you get back on Friday THE JUROR Like 6:00 p.m. THE COURT So that's -- is there any flexibility in your travel or -- because I know I -- in your defense I know I said that a number of times but I remember saying try to keep that October 3rd open THE JUROR Oh yeah I don't recall Yeah I guess I would just -- I can come back either -- THE COURT THE JUROR How far away are you going To Texas THE COURT again THE JUROR THE COURT the -- Okay What do you do for a living Me I work in accounting Okay So what's the nature of THE JUROR It's like annual conference we have -- THE COURT Like an educational conference - - or THE JUROR THE COURT -- in headquarters Or like a retreat of a -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 130 THE JUROR It's a company -- company conference So I guess I could reschedule and just come back Thursday night or Wednesday morning before we start THE COURT Dallas Yeah You're going to be where in THE JUROR Yeah THE COURT Dallas You're going to fly in and out of THE JUROR huh THE COURT from Dallas Okay So they have lots of flights THE JUROR Yeah there should be THE COURT Okay Well let me just talk to the lawyers more about it We just heard about this and we wanted to kind of get the contours of it with you THE JUROR Okay THE COURT And I'll give you some more direction in a bit okay THE JUROR Okay Thank you THE COURT We're going to send you back with the other jurors Ms. Adams is going to come around and open the door for you Thank you so much THE JUROR Sure 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 131 THE COURT She will be right there Okay I mean I've got to make some decision on that I guess I mean I guess I don't have to make it this moment but we're going to call the jurors if we have to change gears But what is everybody's position on that Do you need more time to sort that out MR UUSTAL Yeah So the situation we're in is Dr. Lopes wife is expecting a baby date is actually Monday THE COURT Monday the -- MR UUSTAL The 6th The due THE COURT Okay MR UUSTAL So it's actually -- the 3rd is closer than I would like to call it because he has said that he is not going to come testify once the baby's born So I tried everything I could to do it earlier than the 3rd but it was the only thing we could do So I would like to ask the juror to come back Thursday night THE COURT Okay MS QUINTANA Your Honor we agreed to have Dr. Lopes testify on October 3rd so I'm fine with that 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 132 THE COURT Okay How long do we think Dr. Lopes testimony would be MR UUSTAL I would say that I would aim for an hour but probably certainly within 90 minutes for direct THE COURT Who's crossing Dr. Lopes MS QUINTANA I am Your Honor THE COURT And I'm not going to limit you Any ballpark ideas is an hour cross hour and a half cross -- MS QUINTANA Yeah An hour hour and a half Your Honor I can't guarantee that THE COURT And I'm not looking for a guarantee I use that term ballpark estimate Okay We'll talk to her more at the end of the day MR UUSTAL Okay THE COURT I mean I could -- I don't know if there's much difference in her life really in coming back Thursday night or Friday morning It's probably better for us if she tries to come Thursday night and has a backup Friday morning if necessary So that's probably what we'll ask her to do MR UUSTAL Yeah I think she did offer to do -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 133 THE COURT She did All right So I'm just going to gather facts We gathered them Both sides agreed We will still try to target the testimony of Dr. Lopes on Friday October 3rd and we'll ask her to kindly make an accommodation in that regard MS PIERSON Your Honor there is also in the deposition designations -- there's some objections regarding some missing exhibits on it So that's the next thing we're going to do So do you want to do that now before we move to the next -- THE COURT Sure Is this Koberna MS PIERSON Yes And Karen my colleague here is going to be handling that THE COURT So how long did it come out to be MR STEPHENSON So that's the issue I think after we discuss exhibits and get those preadmitted -- I know that we're going to finish either video that is ready to play today THE COURT McKeegan is that his name McKeegan What was the other guy's name MR STEPHENSON Koberna THE COURT Koberna and MR STEPHENSON Koberna and McKeegan THE COURT McKeegan seems to be shorter than 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 134 Koberna MR STEPHENSON Yeah it is for sure I just think that we would have to get it started in couple minutes for it to be done I don't think we're going to I don't think that we would finish either video We would prefer to -- if the Court is is willing to do so we would prefer to start Koberna And we would have to stop and finish you know 30 minutes the next time we appear MR UUSTAL But that's okay -- I mean from our side THE COURT Okay As I said I have to leave -- I have to kind of be in my car by like 3:05 I just got a text from the doctor's office saying if I'm late they're going to cancel on me MS QUINTANA Well then I think Your Honor THE COURT No offense to this doctor MS QUINTANA Well and I think one of the jurors also had a flight at 5:00 o'clock THE COURT He does yes So we need to be kind of probably you know be wrapping up evidentiary proceedings by like 2:50 MR STEPHENSON Yeah And so Judge I -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 135 candidly I think we have some - -and we all appreciate Your Honor getting those rulings out to provide to us this morning THE COURT Yeah I have some comments on that too when we're done -- MR STEPHENSON Understood Judge THE COURT -- on the process MR STEPHENSON I do think we'll need a few minutes because Toby's been working diligently to get the cuts THE COURT Have they seen it yet MR RUKAJ I haven't had a chance to review the whole video I've reviewed the clip report It so far appears to be accurate MR STEPHENSON Unless they need to see the entirety of the video I think they can track while we're playing it to make sure everything is appropriate I probably need five minutes to discuss the exhibits and then you know we'll be ready to roll THE COURT Okay Then do you want to do that right now MR STEPHENSON If we could Judge THE COURT All right Let me find my comments that I made on here 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 136 Yeah so I don't know how many more of these there are I think you told me there's a lot is that true MR UUSTAL Yes sir THE COURT Yeah And you know it's kind of like a double sword if that's the right term I mean this print is so small on these things and I have to read all of this MR UUSTAL Well it's not -- THE COURT So I don't know if there's any way to get the bigger pages And you know not a problem It's just with bigger pages I get more binders right So I mean -- but I am really getting to the point if I have to read a lot of these -- it wasn't that big of a deal in my younger years but it's really hard to read MR STEPHENSON Yeah Judge I understand and we will certainly give you the full transcripts from here on out I would just you know say that the next video that we plan to play after these two witnesses is going to be Hawkins and we had an hour and 20 minutes of designations on day one The defense had about 20 or 30 minutes of counters right Then what happens is you have day two They 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 137 designated four hours and 20 minutes I think And it's not just a continuation of depo day one It's Dr. Hawkins please state your full name -- it is a blown -- THE COURT Well I'm going to read it And you've all made that argument and I understand I didn't really see that there was a substantial disconnect in the two that I dealt with yesterday MR STEPHENSON Yeah those are different I would agree THE COURT Yeah So to the extent the plaintiff was asking that to be shuttled to the defense side I just didn't think that that was appropriate with these Koberna and what's his name MR STEPHENSON McKeegan THE COURT McKeegan But I'll certainly consider your position when I go through it on the next one But I'll have to read through it at some point one way or the other MR STEPHENSON In all candor Judge we do have more binders that we're ready to present to you I just - THE COURT And I'll take those I want to get going I mean I don't want -- I'd like to try not 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 138 to do these at the last second MR RUKAJ Well I just want to give the Court some comfort We've actually had some discussion about the next two depositions which are much more lengthy than the other two THE COURT As you can see I overruled about 98 percent of the objections to this MR RUKAJ With the clarity of your objections we've - THE COURT Yes MR RUKAJ For Hawkins specifically I think we had five objections based off of a prior cut that was ruled on another case I think we're close to agreement and with the understanding of your rulings now we can go to the Mann one And I've already told opposing counsel I think given your rulings some of our objections on Mann are likely going to be overruled and we're not going to ask you to rule on those again I've told them we can go back and come to agreement now that we have guidance for them THE COURT So if you have an agreement that's fine MR RUKAJ Yeah THE COURT And we can do those in open court 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 139 in all honesty if there's something that's real narrow MR RUKAJ For one of the -- THE COURT If you can show it to me I'll make MR RUKAJ The big Hopkins one I think we got down to five objections across the entire thing THE COURT Okay MR RUKAJ But we might even have more agreement after your ruling thus far So we'd like to hope to not make you rule on every single page and line in this case THE COURT MR RUKAJ Okay Yeah I appreciate that sentiment THE COURT The other thing is there was some inconsistency with the objection code that one side was using kind of such different labeling I figured it out MR RUKAJ I think we're moving away from objection codes now THE COURT Okay MR RUKAJ -- on these bigger ones and it's just going to be full words THE COURT Okay Good That's fine No problem 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 140 MR RUKAJ Just so there's less ambiguity And to the extent we have agreement and there's residual objections we'll leave those in full terms THE COURT It really hasn't come into play but it has in the past two The eye issue that I raised the dark green and the black are just so close to each other To the extent there's going to be a need to distinguish the two -- again MR STEPHENSON Yeah THE COURT could be used -- maybe some different colors MR STEPHENSON Understood Judge And my last thing that I would say is just while I certainly am working very well with my colleague on the other side if we're not able to reach agreement we're not going to be in front of you Judge -- in front of Your Honor again until next Friday My only fear is that if we don't go ahead and give you some binders today -- THE COURT No I'll take them today MR STEPHENSON All right Fair enough And we will continue to work THE COURT And I'm going to be here doing special sets all next week So if parties need 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 141 access to the Court you just let us know and we'll try to permit that I have time to do it MR STEPHENSON Thank you Judge THE COURT Okay MR STEPHENSON And so we're prepared and ready to play and introduce these exhibits right now But I will defer to counsel if they need more time to take a look THE COURT MR RUKAJ Okay Give me two minutes THE COURT Okay MR RUKAJ A lot of these I think are objections that have already been -- THE COURT Let's just take five minutes and everybody can -- including the court reporter can have a break for a few minutes and we'll come back and we'll finish up Thank you so much MR RUKAJ Thank you THE COURT Court's in recess MR STEPHENSON Thank you Your Honor Thereupon a recess was taken after which the following proceedings were had THE COURT Are you ready MR UUSTAL Do you guys have objection 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 142 THE COURT We're on the record The parties are present MR RUKAJ We're pretty close to an agreement Judge THE COURT Okay MR RUKAJ In light of your rulings we only have objections to four documents and they all kind of fall in one bucket -- THE COURT MR RUKAJ Okay -- or three of them in one bucket and one in another THE COURT All right MR RUKAJ First is the baby camp video H wasn't sure if Your Honor had a chance to watch that video THE COURT I haven't watched it no MR RUKAJ Okay So we would maintain our objection to the baby camp video THE COURT Do you want to show it to me MR RUKAJ We have a flash drive here we can hand Your Honor There's two aspects of this baby camp video There's the video itself and then there's a PowerPoint presentation that goes with it In our designations we maintained objections to this testimony coming in largely because this is 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 143 a negligence and strict liability case This baby camp stuff wasn't even advertising It's not something that was raised -- THE COURT Show me the video How long is it MR RUKAJ It's about a few minutes long I mean it depends -- it's a training video for internal salespeople at J THE COURT What's your objection MR RUKAJ Our objection is it's irrelevant It's unduly prejudicial It doesn't - THE COURT The 401 403 objection MR RUKAJ It also contains hearsay within hearsay THE COURT Okay MR STEPHENSON May I respond Judge THE COURT Yeah but I can't rule on it unless I look at it MR STEPHENSON Well understood THE COURT I know that MR STEPHENSON But just to give you a little context you did review the transcript -- THE COURT I did MR STEPHENSON -- where the video is discussed in detail THE COURT I know I understand 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 144 MR STEPHENSON There's five videos on here Judge Commercials I need to figure out what's shown as the baby camp THE COURT Okay And you gave me this flash drive It was on here MR RUKAJ Yeah I believe the flash drive that was clipped to the binder had all of the videos THE COURT Okay Let's see what's on here What's the number MR STEPHENSON Baby Camp 1 THE COURT I got PF1 PF2 MR RUKAJ There's five on there Judge I'm sorry THE COURT Is that it MR RUKAJ That's not it THE COURT Huh MR RUKAJ That's not it THE COURT MR RUKAJ That's not it Okay I think it's P5-2 All right THE COURT MR RUKAJ THE COURT on a second This one says P5-2-4 I think that's it Judge When I opened it there was -- hold MR RUKAJ Probably be able to tell me you 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 145 didn't notice it THE COURT MR RUKAJ old man Yeah 2-4 No that's not it It will be an THE COURT Oh hold on Say that again now MR RUKAJ It should just be P5-2 it's marked That's how THE COURT Okay Hold on a second I got it I have a P5-1 a P5-2-4 which is the one I just opened And then I've got PF3 PF4 PF9 MR RUKAJ Okay MR STEPHENSON May I give you this Judge THE COURT Yeah MR STEPHENSON P5-2 THE COURT Okay So it's got exhibit numbers here This one says - what's the number MR RUKAJ It should be P5-2 THE COURT No they're not -- MS QUINTANA 3059 MR RUKAJ 3059 THE COURT 3059 It's the same one MR RUKAJ Can you try Exhibit 414 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 146 THE COURT MR RUKAJ PowerPoint Say that again Exhibit 414. That's just a THE COURT I don't have a 414 on this drive here What else -- MR STEPHENSON Can you just try to open -- there should be an old man -- THE COURT Here MR STEPHENSON I'm sorry Judge THE COURT No that's all right You don't have to apologize Video played MR RUKAJ That's the one The objection with that video Your Honor there's close to a page PowerPoint presentation that includes exact dollar figures and profits percentage of net income and issues like that which you've already ruled on to exclude So really my objection falls into two buckets There's that video in front of you We believe that this nonadvertising document about the cornerstone -- golden egg THE COURT Who's this guy MR RUKAJ What THE COURT Who was the guy Is he this -- 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 147 MR RUKAJ He was a training officer at Johnson & Johnson at one point yeah MR TISI Actually I think he was the -- he's a really high ranking if I'm not mistaken he may have been the president of the company THE COURT This is -- okay MR TISI He's -- I mean honestly Your Honor this goes hand -- THE COURT I'm not excluding that video But I may exclude part of it MR TISI Okay THE COURT And that was the ruling I made I think in the depos yesterday that I did sustain the objections when they were talking about revenues and size Because I made a pretrial ruling I thought on that MR RUKAJ Yeah So golden egg -- revenues THE COURT No I'm not - - golden egg is coming in MR RUKAJ Very well THE COURT But 23 billion in revenue that is what I think I sustained in the objection and in the testimony MR RUKAJ Yes THE COURT And I would sustain it as to that 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 148 video The rest of it you know the golden egg -- you know that's a -- all of that I allowed in MR RUKAJ Very well THE COURT The specific financials of Johnson & Johnson I think I previously excluded and I will do that again MR RUKAJ And that's the rest of my objections to the four documents I had There's a PowerPoint associated with that video that has a litany of financial documents And then there's other documents talking about sales figures and targeted advertising and success in profits that we have issues with as well THE COURT Is it all on this drive MR RUKAJ I think these are documents that we can make THE COURT Oh okay MR STEPHENSON I'm trying to be respectful to let counsel finish but I need to speak to all of these things THE COURT Okay MR STEPHENSON So Judge your rulings were your rulings When we did the designations there are portions of these PowerPoints that are not played in the designation and I understand what 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 149 your rulings are You know we would object to that not coming in but I understand your rulings and we just would preserve that objection THE COURT Okay I haven't seen the documents MR STEPHENSON Yeah well I will just stipulate that to the extent that the exhibits that go in with Koberna that are not played in the - designations -to the extent those reference sales and financial figures I would agree that based on your rulings those have to come out and be redacted without prejudice if somehow they become relevant later on THE COURT Okay All right So that would be the ruling then And are you ready to -- MR STEPHENSON So if I may consult THE COURT Of course MR RUKAJ Yeah just to make sure that the video play is in line with your ruling we have to check the video play -- THE COURT Yeah that's going to have to get redacted MR RUKAJ Right wants to do real quick That's exactly what he just Specifically the 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 150 documents I don't believe there's a lot of testimony going through the issues we have We just didn't want them wholesale admitted into evidence But right now we just have to check the baby camp video specifically to make sure that portion isn't in there before we bring the jury in THE COURT Okay MR RUKAJ Does that work THE COURT Yeah it works I mean whatever you -- but you know we're kind of getting tight on time here MR RUKAJ we have -- We'll move expediently It's one THE COURT No you're moving very expediently You want to start this MR RUKAJ Yeah MR TISI I'm concerned Your Honor -- THE COURT All right I'm sorry Mr. Tisi MS PIERSON Your Honor we're going to start it We're going to start it We're going to do so It's traditionally English -- THE COURT Again I'm stopping the evidence at 2:50 And it's 2:25 and you need some time to type this up So that's why I'm just being practical MR RUKAJ So if you guys want to just - 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 151 MR UUSTAL That's fine MR RUKAJ -- prepare the videos to be played next time and walk through the rest of the exhibits we talked about to make use of this time Because it is 2:20 Whatever -- I don't want to jam -- it's your case I know you have to decide what to do about it But I need to use -- THE COURT for admissions He was going to do some requests MR STEPHENSON Let's do the admissions MR UUSTAL admissions Let's do the requests for All right So we do have a couple requests for admissions but it's only going to take a minute or two Could we just wait two minutes to see if we could get this done THE COURT No problem I'm not in a rush MR UUSTAL Thank you Your Honor MR RUKAJ Do you have the cut video Let me just check it right now and that will kind of resolve that Video played MR RUKAJ Thank you very much Charlie H 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 152 appreciate that And he says the second clip earlier part of the clip played MR BURGESS That's it Is there an MR RUKAJ Oh okay All right that resolves the issue Your Honor THE COURT Problem solved Then I think MR UUSTAL Yeah so I would suggest we start the video We stop whenever the Court wants THE COURT No problem That's fine MR UUSTAL Okay Thank you Your Honor THE COURT Do you want to do the request first the admissions MR UUSTAL No that's fine We'll do it next week THE COURT Okay All right So let's get the jury in please THE CLERK Yes Judge MR STEPHENSON Do we want to introduce the exhibits Or do we need to do that formally THE COURT Yeah you'll need to do it formally at some point You want to do it with the jury or you want to do it now MR STEPHENSON Yeah THE COURT These are not objected to right 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 153 MR RUKAJ Four of them are Subject to Your Honor's ruling that they need to be redacted we've removed all financial -- THE COURT So we're just not going to put them before the jury MR RUKAJ Yeah THE COURT So what are they being marked as MS PIERSON They're already in the clips I believe Aren't they in the clips Cameron MR TISI Some of it is not MS PIERSON Oh it's in the documents MR TISI Yeah it's in -- MR STEPHENSON All of the documents are in the clips Just not the entirety of the documents MS PIERSON Right MR TISI We'll redact the document That's fine THE COURT So we'll start playing it and then you can redact those and you can put that in next week Because we're not going to finish the video MR STEPHENSON Understood THE COURT And you want your flash drive back understandably MR STEPHENSON Yeah it's this little guy 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 154 THE COURT Yeah let me pull that thing here so I don't break it Per protocol I think I have to eject cruise or something MR STEPHENSON Don't mind me I usually just yank it and it busts THE COURT I usually do it too but it's yours I didn't want to participate in the damage of the property And frankly whoever gave me -- somebody else gave me a flash drive Who gave me mine MR RUKAJ It wasn't me Did you guys -- THE COURT The binders came from the plaintiffs my depo binders MS PIERSON Yes Yes THE COURT So I have a flash drive Do you want me to keep it with the binders and give it back to you when I'm done or -- MR STEPHENSON Yes Your Honor That's fine THE COURT Okay No problem Are you going to have any other evidence on Friday the 3rd MR UUSTAL So the situation we're in is there's a lot of videos I think we should right We should use that space if everyone's here THE COURT Yeah that's why I'm asking 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 155 because everybody's here and I've got a full day MR UUSTAL Yeah Then we will THE COURT Okay a little earlier So I may have them come back MR UUSTAL Yeah THE COURT Does that work for everybody Maybe 9:30 MR UUSTAL Yes sir Thank you The jury entered the courtroom after which the following proceedings were had THE COURT Okay You can all be seated Welcome back members of the jury We're ready to continue As I told you that we're going to break at no later than 3:00 o'clock We're probably going to do some more evidence here for about 20 25 more minutes and break and then kind of talk a little housekeeping at the end and then we'll be through the day That works for your flight schedule right THE JUROR Correct THE COURT Okay Great Thank you So the plaintiff is presenting evidence and I'll turn to counsel for the plaintiff to announce how you will proceed next 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 156 MR UUSTAL The plaintiff is going to call by videotaped deposition Frederick Koberna THE COURT Koberna A correct MR UUSTAL Yes sir THE COURT Okay And members of the jury let me just give you an instruction So the sworn testimony of Mr. Koberna given previously before this trial will now be presented You are to consider and to weigh this testimony as you would any other evidence in the case And with that Counsel you may publish MR UUSTAL Thank you A video clip was played and transcribed by the court reporter to the best of her ability as follows BY MR UUSTAL Q. Will you -- or rather state your full name A. Yes It's Frederick William Koberna Jr. Q. And you understand that you have been designated by Johnson & Johnson to answer questions we have on these marketing and advertising topics with the exception I believe of Topic 12 correct A. That is correct Q. Okay And you understand then that your answers today bind - 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 157 MR RUKAJ approach THE COURT Your Honor can I object and may we Hold on MR RUKAJ May we approach THE COURT Yeah of course The following discussion was had at sidebar out of the hearing of the jury panel MR RUKAJ Your Honor we just have an issue THE COURT Why don't you whoever's going to talk to me come in here MR RUKAJ I just have the issue with the pleading from another lawsuit being shown in full to the jury There's a different case than this one at issue that was just shown to the jury And I thought it would just be a fleeting reference to specific line but the entire thing was up there So I would just ask if we show pleadings from other litigation that we limit it to the subject matter of what he's being asked and not include the names of other lawsuits given Your Honor's ruling MR STEPHENSON Your Honor this is the issue is that we made the clips based on Your Honor's rulings If this is going to happen over and over again -- the only way this can be avoided is if they watch the clip So maybe they need time to watch 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 158 the full clip THE COURT Okay And I don't disagree with that last point MR TISI And Judge he was a 30 6 witness He testified for the company on those issues THE COURT No I get it I understand MR TISI He should be able to -- I mean nobody - candidly nobody is going to look at the title of this pleading It just -- THE COURT It was just the title of the case that he was testifying in MR TISI It was the MBL It was the MBL THE COURT It was the MBL MR TISI Yeah THE COURT So what do you want me to do MR RUKAJ I don't know how many pleadings they intend to show My understanding from the testimony it would just be the subjects and what he was prepared to talk about If there's a quick fix we can do that's great But I just got the -- THE COURT Does this happen a lot MR STEPHENSON No. MR TISI been cut Before you do that it should have 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 159 MR RUKAJ I told you we could cut it down I just don't - THE COURT Oh MR RUKAJ Listen it's not normally about other lawsuits It's a plaintiff party lawsuit you're on MR TISI It doesn't say that THE COURT No. MR TISI This isn't even in the exhibit list THE COURT REPORTER I'm sorry MR RUKAJ Frankly we can use that -- THE COURT Why don't you talk for a moment here because the reporter -- the reporter can't hear all MR RUKAJ That's just our position Your Honor It's just referencing other lawsuits It's a multidistrict litigation We can - frankly based on Your Honor's ruling it shouldn't be -- I understand if he's going to be talking about the topics that he's prepared to in this - THE COURT You should have brought it up to me five minutes ago MR RUKAJ I didn't see the video I haven't had a chance to watch the video THE COURT That's why I said you should watch 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 160 the video MR RUKAJ I would be happy to think I would -- I just don't THE COURT I -- your suggestion We're just going to regroup So we will come back on another day and publish it Do you want to bring these to Mr. Uustal about scheduling it for the moment Is there something else you want to do Mr. Stephenson suggested that maybe they need to watch this to avoid us being a jack during the sidebar on these issue And he needs to watch the video So is there anything else you want to do Otherwise I'm content with making sure this guy gets his plane We can talk housekeeping amongst ourselves MR UUSTAL What's the objection THE COURT I made an in limine ruling so that there's no reference to any other lawsuits I just held up I guess the pleadings But I'm not going to -- I'm not going to make a ruling on it yet because it's going to come up again apparently and one he hasn't seen the whole thing So I'm going to let him watch that 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 161 For 15 minutes of time it's not worth - the juice isn't worth the squeeze as the old saying goes MR UUSTAL Yeah we will read the request for admissions THE COURT Okay Are you ready to do those MR UUSTAL Yeah I'm ready to do that I just think -- whatever the Court wants to do THE COURT Okay All right I appreciate it Sidebar concluded THE COURT All right Members of the jury we began playing this video The Court needs to make an additional ruling on that So for that reason I need more time to do this Both sides are ready to proceed I want to look at it a little more So at this point that's what I'm going to do We're going to put that out for the time being We weren't going to get much of it done anyway We weren't going to finish it so I made a decision on my own to push this off to one of the next sessions So Mr. Uustal how are you going to proceed next MR UUSTAL We are going to read some requests for admissions that we had asked the defendant to admit THE COURT Okay So I'm going to give them an 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 162 instruction on that as well All right Members of the jury the answers to what are called requests for admissions will now be read to you and these are written questions that are propounded in the course of what's called discovery before the trial from one party to another They're answered under oath And you're to consider and weigh the questions and answers as you would any other evidence in the case MR UUSTAL You're reading the request for admissions THE COURT Right MR UUSTAL Oh okay I didn't hear the beginning I thought it was interrogatories THE COURT Well it's a similar instruction but I think I said RFAs but -- MR RUKAJ Okay Could we just see a copy before it's read to the Court THE COURT Didn't you -- MR BROWN Just go MR UUSTAL Thank you THE COURT Okay Go ahead MR UUSTAL Thank you Your Honor Request Number 5 Admit that neither Johnson & Johnson nor Johnson & Johnson Consumer Inc. ever 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 163 sought FDA review or approval for Johnson's baby powder or Shower to Shower contained talc prior to 2019. Response from the defendants Defendants admit that as cosmetic products containing Johnson's baby powder and Shower to Shower did not undergo FDA review for approval before they were sold to the United States Except as expressly admitted herein defendant denies this request Request Number 6 Admit that at all times that Johnson & Johnson and Johnson & Johnson Consumer Inc. marketed or sold Johnson's baby powder or Shower to Shower either Johnson & Johnson or Johnson & Johnson Consumer Inc. chose the ingredients Defendant admits that one or more of the J companies was responsible for the design and formulation of containing Johnson's baby powder sold in the United States from approximately 1894 until the product's discontinuation Defendant further admits that all times from Shower to Shower's inception until - - sorry -- 2012 one or more of the J companies had responsibility for the design and formulation of Shower to Shower distributed in the United States 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 164 Except as expressly admitted herein defendant denies this request And I'll read one more right now Request Number 7 Admit that neither Johnson & Johnson nor Johnson & Johnson Consumer Inc. ever sought FDA approval for any ingredient in any formulation of Johnson's baby powder or Shower to Shower containing talc Response Defendant admits that as cosmetic products containing Johnson's baby powder and Shower to Shower did not undergo FDA review or approval before they were sold in the United States Except as expressly admitted herein defendant denies this request Thank you Your Honor THE COURT All right thank you And I stand corrected The pattern that I should have read to you and I'll read as follows members of the jury where a party has admitted certain facts in this process you must accept these facts as true All right MR UUSTAL Thank you Your Honor THE COURT Anything else you want to do today MR UUSTAL No sir 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 165 THE COURT defense All right Anything else from the MS QUINTANA Not at this time Your Honor THE COURT All right Can you pass in your notebooks We're going to be done for the day Mr. Sandler's got that plane to catch here pretty soon I hope you have a safe trip THE JUROR Thank you Your Honor THE COURT And hope everything goes well So Ms. Castillo we're going to ask that -- can you modify that like we discussed THE JUROR Yes okay THE COURT We're very appreciative of that We really need next Friday THE JUROR Okay That's fine THE COURT We have some witness issues and etc. so we'll ask you to do that Members of the jury remember we're not here tomorrow So don't come in tomorrow We don't need you Monday Tuesday Wednesday or Thursday We need you back on Friday October the 3rd and I'm going to ask you to come back -- I think I mentioned to you originally I wasn't supposed to be in town so I don't have any of the other hearings that I have 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 166 every day So we're going to ask you to come in just a little earlier so we can get a fuller day at 9:30 a.m. Does that work for everybody THE JURORS Yes THE COURT All right So I remind you not to discuss the case amongst yourselves or with anyone else not to conduct any of your own investigation or research about any of the issues in the case or the people and the parties involved in the case I'll ask you to come back where you reported each day at 9:30 a.m. next Friday October the 3rd Are there any scheduling questions from the jurors THE JURORS No. THE COURT Okay Thank you again for your service ladies and gentlemen Ms. Jones will see you at the back door Have a good afternoon THE JURORS Thank you The jury panel left the courtroom after which the following proceedings were had THE COURT Okay You can be seated What else do we need to discuss today MS QUINTANA Judge can I just ask to see a 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 167 copy now I just want to write down - -I couldn't find it what he was reading from while he was reading it THE COURT Sure MS QUINTANA I just need to -- I just need to see like the filing stamp I just couldn't find it while you were reading it MR UUSTAL The requests for admissions MS QUINTANA Yeah MR UUSTAL Okay And if I could read just a list of plaintiff's exhibits that there's no objection to It would take about 30 seconds to read those THE COURT Whatever you need MR UUSTAL Okay THE COURT Let's wait until we get -- you're ready to go Okay Go ahead MR UUSTAL Plaintiff's Exhibit 35 MR RUKAJ THE COURT No objection So I'll receive 35 into evidence without objection Plaintiff's Exhibit Number 45 Document was received in Evidence MR UUSTAL 41 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 168 MR RUKAJ THE COURT No objection 41 will be received into evidence without objection Plaintiff's Exhibit Number 41 Document was received in Evidence MR UUSTAL 231 MR RUKAJ THE COURT No objection 231 is received into evidence without objection Plaintiff's Exhibit Number 231 Document was received in Evidence MR UUSTAL 285 MR RUKAJ No objection Just for the record these are plaintiff exhibits THE COURT Plaintiff's 285 is received into evidence without objection Plaintiff's Exhibit Number 285 Document was received in Evidence MR UUSTAL 434 MR RUKAJ That's already in MR UUSTAL Oh that's why they're checked Okay Thank you 585 MR RUKAJ Yes No objection 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 169 THE COURT Plaintiff's 585 is received in evidence without objection Plaintiff's Exhibit Number 585 Document was received in Evidence MR UUSTAL 1179 MR RUKAJ THE COURT No objection Plaintiff's 1179 is received in evidence without objection Plaintiff's Exhibit Number 1179 Document was received in Evidence MR UUSTAL 1202 MR RUKAJ THE COURT No objection Plaintiff's 1202 is received in evidence without objection Plaintiff's Exhibit Number 1202 Document was received in Evidence MR UUSTAL 1679 MR RUKAJ 1357 I think you skipped one MR UUSTAL 1357. Thank you MS PAPANTONIO 1422 as well MR RUKAJ So going in numerical order I think the next one on the list is Plaintiff's Exhibit 1357 Defendants have no objection 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 170 THE COURT Plaintiff's 1357 will be received without objection Plaintiff's Exhibit Number 1357 Document was received in Evidence MR UUSTAL Okay And then 1422 MR RUKAJ Likewise no objection THE COURT Plaintiff's 1422 is received without objection Plaintiff's Exhibit Number 1422 Document was received in Evidence MR UUSTAL 1679 MR RUKAJ THE COURT No objection Plaintiff's 1679 is received without objection Plaintiff's Exhibit Number 1679 Document was received in Evidence MR UUSTAL 2574 MR RUKAJ I think we skipped one Plaintiff's Exhibit 2561. They indicated their intent to admit -- MS QUINTANA That's already in MR RUKAJ Oh it's already in Apologies So the 2574 we have no objection to Plaintiff's Exhibit 2574 THE COURT Plaintiff's 2574 is received 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 171 without objection Plaintiff's Exhibit Number 2574 Document was received in Evidence MR UUSTAL 2613 MR RUKAJ THE COURT No objection Plaintiff's 2613 is received without objection Plaintiff's Exhibit Number 2613 Document was received in Evidence MR UUSTAL 2619 MR RUKAJ THE COURT No objection Plaintiff's 2619 is received without objection Plaintiff's Exhibit Number 2619 Document was received in Evidence MR UUSTAL 2661 MR RUKAJ No objection THE WITNESS Plaintiff's 2661 is received without objection Plaintiff's Exhibit Number 2661 Document was received in Evidence MR UUSTAL 2878 MR RUKAJ THE COURT No objection Plaintiff's 2878 is received without objection 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 172 Plaintiff's Exhibit Number 2878 Document was received in Evidence MR UUSTAL 3041 MR RUKAJ This one we have an objection to It's the one I think MR UUSTAL 3359 MR RUKAJ THE COURT No objection What's the number MR UUSTAL 3359 THE COURT Okay Plaintiff's 3359 is received without objection Plaintiff's Exhibit Number 3359 Document was received in Evidence MR UUSTAL 3409 MS PAPANTONIO 3429 MS QUINTANA Judge that was the whole entirety of the congressional hearing that I had objected to MR UUSTAL Okay Then maybe the last one 3429 MS PAPANTONIO Yeah MR RUKAJ No objection THE COURT 3429 is received without objection Plaintiff's Exhibit Number 3429 Document was received in Evidence 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 173 MS PAPANTONIO Your Honor may I approach THE COURT Sure Thank you so much Is that it MR UUSTAL Yes sir THE COURT So I still have this 3409 and you're still moving that into evidence MR UUSTAL We will but we'll probably -- we'll probably do that after some more testimony THE COURT I'm going to give it back to you if you don't mind MR UUSTAL Thank you THE COURT Thank you And -- MR TISI Just to be clear 3041 you're reserving on or -- MR RUKAJ What's the exhibit number I'm sorry MS PIERSON 3041 MR TISI Your objection to this document -- I thought we had an agreement that any document in J is a business record MR RUKAJ Is this the PowerPoint MR TISI This is the PowerPoint MR RUKAJ So I just have to verify MS PAPANTONIO There's a couple objections that we just have to talk about So we'll talk 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 174 about it MR TISI that -- Okay I just thought this was one MR UUSTAL Okay That's all we have for the plaintiffs Your Honor THE COURT Okay What else do we need to discuss today MR UUSTAL I think that's it Your Honor MR BROWN Nothing from us Judge THE COURT All right Thank you Counsel on both sides for your efforts this week I will see you I guess on Friday morning October the 3rd at 9:30 MR BROWN Yes Your Honor THE COURT Maybe the lawyers ought to be here at 9:00 that day in case there's issues or something MS PIERSON Absolutely Your Honor Unfortunately Dr. Casaretto will not be able to be here on Friday He has a conference he's speaking at and he cannot get out THE COURT Okay All right MS PIERSON But Mrs. Casaretto will be here THE COURT Okay following Monday See you then on the 800-726-7007 Veritext Legal Solutions 305-376-8800 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 175 MS QUINTANA Is Dr. Booth your only live witness on Friday Okay MS PIERSON I believe so But if not we'll tell whenever the -- 3:00 o'clock the day before if there's anyone else that we still plan to play -- MS QUINTANA Okay MS PIERSON But if there's another live witness we will let you know by the day end MS QUINTANA Sounds good Thank you THE COURT Okay As I said if -- we'll be here all next week if you need us except on Thursday We won't be in session on Thursday The courthouse will be closed for the religious holiday but we'll be here Monday through Wednesday The Court's in recess Have a good day MR UUSTAL Thank you Judge MS QUINTANA Have a good weekend MR TISI Thank you Judge I think we got you in your car THE COURT I'm going to get there yeah Thereupon the trial is in recess at 2:43 p.m. 800-726-7007 Veritext Legal Solutions 305-376-8800 CERTIFICATE OF REPORTER STATE OF FLORIDA ) ) COUNTY OF MIAMI Page 176 I VANESSA OBAS RPR Notary Public State of Florida I was authorized to and did stenographically report the foregoing proceedings and that the transcript pages 5 through 175 is a true and accurate record of my stenographic notes I FURTHER CERTIFY that I am not a relative or employee or attorney or counsel of any of the parties nor am I a relative or employee of any of the parties attorney or counsel connected with the action nor am I financially interested in the action Dated this 25th day of September 2025 22 23 24 25 800-726-7007 -- -- ---- VANESSA OBAS RPR Veritext Legal Solutions 305-376-8800 & - 1971 Page 177 & & 8,8,9 8,14 18,22 3 8:11 14,16 11:17 17,19 14:20 16:21 13,20 19:25 2,6,11 21:10 4,20 24,24 4,7 28 8,16,19,25 30:15 37:24 15,21 1,4 11,16,22 3,9 4,16 4,9 44 48:24 49:24 50 9,12,14 8,25 5,15 58 6,20,23 3,16,24 69:11 70:18 3,9,10 74:23 5,7 10,11 77 7,11,13 20,24 84 14,18,21 85 5,22 18,21 93:10 98 11,18 7,13,20,23 2,11,18,21 4,11,16,24 106 107 800-726-7007 107 7,14 109 110 111 112 19,22 113 113 114 5,15,20,23 8,19 117 118 10,14 119 120 121 123 124 125 2,23 127 147 148 156 162 162 163 11,13,14 164 0 0.2 85:23 0.3 85:24 0.5 85:23 02111 2:16 1 1 87 103 144 1-5-5 122 10 48:12 115 100 2:19 111 114 146 102 4 1033 4:12 13:20 23,25 48:13 104 108t 109t 10th 8,23 8,24 111 11 10,10,11 117 1104 4:13 2,5 14 59 110 1179 4:18 169 169 11:50 79:19 12 4:11 156 1202 4:18 11,13,15 123 6,7,19 126 4 13 12,12 1357 4:19 19,20,24 170 13th 117 14 13,13 1422 4:19 169 5,7 170 15 4:14 161 155 122 16 4:14 1600 2:19 167 4:15 1679 4:20 169 170 13,15 168 16,16,17 Veritext Legal Solutions 1683 4:13 14 12,14 64:16 111 1688 4:14 14:16 3,6 53:12 108 169 17,18,18 17 122 170 19,19,20 171 20,21,21 4:22 6,8 172 22,23,23 173 6,9 28 92:22 175 6 176 17th 1 18-028502 2 1865 26:24 1894 163 1895 51:15 19 84 112 1967 66:19 1968 102 1970s 20 38:15 96 102 119 119 124 9,10 1971 38:22 39:23 5,12 41 3,17 44 47 51:22 63:20 71 72 75 80 84 305-376-8800 1971 - 4-5-3 Page 178 102 7,13 | 200 6 2661 4:22 1,12 106 | 2009 32:25 2661 16,18,20 316 2:10 | 3200 2 1972 53:13 56 | 201 1:16 2 26th 80:19 32502 2:11 56:24 57 58:17 59 64:17 12,22 84:10 108 109 110 110 111 10,15 1973 16:17 23,24 20 13,18 30 30:13 67:24 2012 163 | 2016 121 =| | 2019 163 | 2025 1:17 | 176 | 21201 2:20 21st 2:23 22 122 | 22726 176 | | 23 147 | 231 4:16 168 | 27 116 33131 2:24 3 27th 103 28 39:24 -|33301 7 3359 4:23 172 285 4:17 168 3359 9,10,12 16,18 3409 3,6 2878 4:22 17:24 172 22,24 172 | 173 28th 104 1 3414 8,17 2:20 151 19 88:17 2:25 2:50 150 134 | 3429 4:23 15,20,23,24 68 80:19 168 150 35 19,21 87:16 6,15 | 23rd 19:24 89:24 93 98 | 24 39:24 6,19 117 | 24th 19:23 1975 38:22 89:24 2nd 20 28:13 28:17 80 116 3 | 3500 2:16 37 4 | 373-9412 392-9432 2:24 2:20 39:23 71 72 75 84 117 118 121 | 25 1:17 155 | 2561 4:14 15:18 15:23 16 3:00 155 | 30 3:00 61 62 68 73:18 91 175 3:05 134 1976 121 1980s 123 78:12 80:17 86:10 170 95 134 136 158 8 3rd 82:12 110 111 19th 112 | 2574 4:20 167 12 129 14,19 1:10 96:17 97:12 17,23,24,25 | 3041 172 171 13,17 131 133 154 165 2 25th 7,13 | 305 2:24 166 174 2 2:23 14:20 2-4 145 20 79 91 176 : 2613 171 4:21 171 3059 21,22 | 145 30th 98 4 4 105 | 4-3-4 10:18 | 2619 111 23,24 137 155 4:21 10,12,14 116 4-5-3 9:25 800-726-7007 Veritext Legal Solutions 305-376-8800 40 - admit Page 179 40 120 6 954 7 401 403 143 143 41 167 4:16 168 414 145 4:10 434 10:17 10:21 10:17 4,8 42 103 168 435-7000 2:11 436 4:11 10:22 5,10 50 105 106 443 2:20 45 4:15 167 452 2,6,7 116 453 4:10 9:24 10:15 1,2,6 67:25 116 5 5 85:16 162 176 158 163 60,000 159 | 600 2:10 619 4:15 11:12 9:00 174 : 9:30 1:17 155 3,12 174 a 17,19 6,8 | a.m. 1:17 166 117 166 6:00 129 ability 156 6th 1:16 131 | able 68:22 76 7 96 140 | 7 110 164 70 4:15 71 81:16 118 744 4:11 12:19 22,24 65:12 112 75 81:17 79 39:20 7th 80:22 108 8 8 111 | 850 2:11 9 144 158 174 abovabovee 1:20 1:20 28 absolutely | 34 128 174 accept 164 ac epting accepting access 141 accommodation 133 accounting 129 accumulates 500 6 522-6601 7 585 4:17 168 169 5:00 134 9 112 90 132 | 90.403 16 934 4:12 1,14 13:16 35:21 72:25 84 32:10 accurate 49:14 135 176 | acknowledges 104 acting 90:25 800-726-7007 Veritext Legal Solutions actinolite 87:24 action 176 176 activity 113 actual 11:22 19,23 18:22 actually 9:15 22:19 24:13 5,12 47:16 5,18 67:11 90 10,14 138 147 adams 130 add 70:21 77 added 70:21 addition 68:13 115 additional 35 161 address 42:23 82:18 91:19 addressed 114 admissibility 22:13 33 admissible 18 admissions 127 151 11,13,15 152 4,23 3,11 167 admit 27 30 161 162 5,10 164 170 305-376-8800 admits - april Page 180 admits 163 163 164 | agreement 14,20,22 ancient 70 12 appear 37:22 134 admitted 31:14 42 12,13 139 2,17 | announce 9:18 | appearances 2 142 173 36:14 155 7:24 59 64:20 65:13 67:25 ahead 17 99:16 122 annual answer 129 55 | appeared 66:19 90 73 78:13 86 103 150 140 162 167 58:11 88 121 156 appears 49 108 119 163 1,13 164 admonishment 99:19 advertising 143 148 | aim 132 air 40 57:21 airborne 26:19 27:22 93:24 alarmed 58:12 alberto 4,5 answer's 121 135 answered 162 | apply 125 | answering applying 5:10 107 appraisal 47:21 | answers 156 | appreciate 162 35:13 135 156 affirm 36:24 allow 12:10 30 31:10 anthophyllite 61:20 139 152 161 afoul 25:18 81:21 124 125 | allowed 148 afternoon 102 | allowing 24:16 102 166 alternatives aftershave 91 114 age 59 61 agencies 38 agent 70 ago 21,25 111 159 ambiguity 140 amount 27:21 58:21 62 85:15 agree 9:20 10:10 12 amounts 26:18 27:20 62:14 anticipate 75 anybody 72 123 anymore 33 anyway 161 apologies 170 apologize 8 15:14 32:22 | appreciated 47:21 appreciation 54 | appreciative 165 approach 68:24 3,10 120 157 173 53:18 62 69 | appropriate 70 82:21 93 115 135 146 137 98:14 110 119 120 137 149 agreed 15 35 131 133 14,20 | analysis 55:11 56:20 58 109 apologizes 108 apparent 59:16 59:22 110 approval 163 163 6,12 | approximately 85:23 163 analytical 51:24 | apparently 117 160 april 80:19 800-726-7007 Veritext Legal Solutions 305-376-8800 areas - back Page 181 areas 119 arguably 30 argue 8:23 17 18:18 25 argument 67:22 76 137 art 28 article 17:20 22,25 19 19:23 20:10 21 11,18 12,15,15,17 29:15 44:10 66:19 89:21 90:18 5,11 91:11 article's 44:12 articles 20:13 asbes 67:16 asbestiform 47 85:14 87 asbestos 19 26:18 21,21 28 8,16,20 6,10 40:10 40:16 9,21 41:23 7,21 1,8,14 45:10 16,20,24 7,16,19,23 1,4,9 48:13 51:23 5,6,9 11,16 54:25 12,21,23,24 800-726-7007 1,12,13,18 58 6,13,20 14,17,23 18,19 3,9 18,23 63:19 63:24 8,12 66 2,5,16 67:17 71:19 5,13 76:16 77 84:20 86:20 5,10 88 89:22 91 7,8,21 4,7 14,20 94 103 104 106 107 109 110 110 114 124 ashton 89:10 asked 2,15 39 51:17 59:15 75 90:25 94 104 110 121 122 124 125 14,25 126 157 161 asking 26 48 48 54:22 66 75:25 89 99 101 114 137 154 aspect 19 aspects 142 asserted 16:15 assessing 43:20 associate 108 120 associated 46 46:11 52 148 associates 84 assurance 59 assured 55:16 56:16 assuring attached 45:16 14:21 attempting 115 attention 60:16 112 128 attorney 176 176 attorneys 2,13 126 august 51:22 59 64:16 80 106 110 11,19 authentication 33 authority 44 authorized 176 Veritext Legal Solutions available 27 29:13 115 avoid 160 avoided 157 await 29:24 aware 1,2 26:12 27 35 66:16 123 b b 4 12,22 156 158 babies 26:25 baby 32:25 42 15,23 52 53:19 7,17 85 87 91:21 106 107 109 131 13,18,21 143 3,11 150 163 12,18 164 164 baby's 131 back 19,22 7 9 20 8,9 16,20 36 40 45 47 12,13 54 67:22 70:10 79:12 81 10,15 84:14 86:13 89:19 305-376-8800 back - brought Page 182 96:22 16,23 101 117 119 2,11 3,22 131 132 138 141 153 154 3,12 160 22,23 11,18 173 backup 132 bacon 3 bad 62 bailiff 36 82 balance 99:18 baldwin 57:22 balloons 91 ballpark 132 132 baltimore 2:20 8,11 103 barr 8 barry 4 36:17 4,13 48:13 base 59:24 based 17,25 26:10 27:16 29 47:11 54 56:23 73:20 75 20,21 82:24 95 138 149 157 159 basically 30:11 21:15 basis 44 63 113 batch 85 bates 11:18 88:21 bayard 8 baylen 2:10 began 26:25 161 beginning 63 87:18 162 begins 112 behalf 2,13 1,3,6,11,14,16 85:10 126 believe 6 18:24 32:16 33:13 42 45:11 49 60 87 100 107 108 13,20 115 118 144 146 150 153 156 175 believed 103 110 believes 126 bench 32:16 best 156 better 132 beyond 3,17 105 will 1:21 big 33:23 82:14 136 139 bigger 136 136 139 billion 147 bind 156 binder 31:22 144 binders 5 136 137 140 154 13,16 biological 113 biscayne 2:23 2 bit 38 41 44:20 74:18 102 120 130 black 140 blank 27:23 28 blocks 34:12 blow 55 87:19 blowing 91 blown 49:11 137 body 88 boiling 77:14 bolstering 16 49:19 book 4,8,9 124 800-726-7007 Veritext Legal Solutions booklet 116 124 books 20:13 booth 175 born 131 boston 2:16 bottle 32:25 5,6,8,10 bottom 87:22 88:20 boulevard 2:23 2 box 33:18 160 break 7,15 10,13 94:15 95 101 141 154 14,17 briefly 38 41 54:18 124 bring 29 34:18 65:12 77 84 92:19 92:23 128 150 160 bringing 60:20 68:20 112 brings 34 brought 60:15 60:16 5,7 159 305-376-8800 broward - chairman Page 183 broward 1,15 brown 2:15 8:13 8:14 162 9,14 bruce 69:11 70:24 117 118 buchanan 8 bucket 8,10 buckets 146 bullet 113 bunch 89:14 burgess 152 business 2,4 12 48:19 173 busts 154 buy 123 C c 5 37:14 85 88 cace 2 california 90:25 call 16,21 15 34:16 36:17 41 69 10,11,14 71:23 78 82:15 13,24 10,18,19,21 119 4,15 156 800-726-7007 called 29 37 92 100 116 118 124 162 calling 43 calls 43:21 44 cameron 153 camp 13,18 142 143 3,11 150 cancel 134 cancer 52 58:20 60:11 5,6 62:21 1,9,18 64:13 66:22 candidly 22:17 135 158 candor 137 car 134 175 carcinogen 112 113 card 109 cardiff 52 care 26 55 98:13 careful 55:11 56:20 99 109 carried 51:25 carries 63 casaretto 4,5 19,23 case 1:27:19 24 32:20 37:23 44:12 55 61 119 138 139 143 151 156 157 158 162 166 166 174 castillo 4,6 128 165 castleman 4 16,20 12 13 14:21 15:22 18:19 15,20,23 22:16 1,19 25 14,22 2,13,19 14,23 34:13 34:15 17,20 4,13,20 48 48:14 49 73 74:25 8,12 76 10,14 78:15 6,14 20,24 83:16 89 95:25 96 96:21 98 101 102 105 110 112 117 119 121 Veritext Legal Solutions 124 7,18 127 castleman's 82:24 98:22 catch 10:11 165 cause 1:20 26 37:10 62:21 63:19 113 114 6,10 caused 41 causing 58:20 62:25 64:13 cc 65 cc'd 66 cc's 66 cd 50:25 center 2:15 124 central 50:19 65 106 120 century 39:25 certain 25:23 164 certainly 25 123 132 136 137 140 certificate 4 176 certify 176 chairman 90:25 305-376-8800 chance - community Page 184 chance 135 142 159 change 131 changes 45:10 113 charles charlie 4,19 151 chat 128 check 32:17 149 150 151 checked 168 chemical 45:14 chicago 52 children 91 chopping 3 chose 163 christopher 9 chrysotile 85:17 circle 10 circuit 1,1,21 circulated 18:23 circumstance 34:20 cites 66:17 107 claim 11,12 clarify 126 clarity 17:25 138 classified 88 clean 55:16 72 6,8 86:15 3,7,10 800-726-7007 100 125 clear 20:25 29 40:15 49 62:21 81 173 clearly 27 29:12 clerk 9:17 10 20:23 15,17 14,18,21 8,9 152 clinical 65:24 108 112 120 clip 135 152 156 157 158 clipped 144 clips 8,10 153 157 close 26 32:14 47:19 138 140 142 146 closed 74:14 175 closer 20:17 131 closing 76 cmp 4 cobbs 3 code 139 codes 139 colleague 133 140 colleagues 46:16 collect 94:20 collectively 6:14 college 102 colorado 51:25 56:21 107 colors 140 come 29:24 31:11 34:15 37:22 10,11 41:22 48 51 7,10 6,10 77 79:12 80:23 5,16 123 128 128 129 3,23 131 131 132 133 138 140 141 149 155 157 5,23 20,23 166 166 comes 32:23 35:25 42 55 80:21 88:22 97:22 109 comfort 138 coming 11:22 13 15:20 Veritext Legal Solutions 11,12 53:21 132 142 147 149 commenced 111 comment 26:14 26:16 85 comments 26:14 34:19 4,24 commercials 144 committee 16:17 17:21 92 commonly 26:25 46:24 communicate 39 53 67 91:20 93:13 communicated 22:16 23:24 communicating 25 29:10 41 43:12 46:15 50 63:13 66 6,7 76:10 2,3 87:17 89:16 communication 70 108 communicatio 56:24 community 93 305-376-8800 companies - copy Page 185 companies 9 17,23 company 18:24 25 27 71 91:12 4,12 130 147 158 compared 61 complete 79:12 completed 101 completely 56:13 76:19 compounds 67:15 concealment 11,12 concern 44:13 54:24 63:19 89:25 112 113 concerned 62:20 150 concerns 89 conclude 77:19 concluded 74 161 concludes 115 conclusion 87 conclusions 48 conduct 166 800-726-7007 conducting 90:24 conference 20,22 130 174 confident 87 confirmation 76:15 congress 16:17 17:21 88:13 congressional 79 98:23 99:14 172 connected 176 connection 84:22 consider 43:11 43:12 4,20 4,10 100 137 156 162 considered 30:22 consumers 45:17 consuming 19,21 contacted 40:16 40:22 contacting 70:22 contain 45:20 66:23 72 13,15 88 contained 57 163 container 33 containing 26:17 5,18 8,10 contains 85:17 143 contaminants 62:23 contamination 44:14 104 106 considering 27 constantly 22 81 consult 149 consultant 38 69:17 126 consumer 9,9 49 162 11,14 164 contemporane 69:14 contending 18 content 21 45:22 85:22 160 contents 16:23 17:21 7,9 context 3,3 41 75:22 Veritext Legal Solutions 114 143 continuation 54:11 137 continue 7:10 8:18 53 79:25 83:18 101 140 155 continued 5:23 7:14 79:23 97:14 continues 90:18 continuing 54:24 16,17 101 113 contours 130 control 38 40 57:22 controversy 87 conversation 34:24 118 conversations 28:25 copies 4,6,8 copy 7,11 6:17 28 42 65:15 68 69:25 70:10 107 11,16 117 12,21 17,22 124 162 167 305-376-8800 copying - court copying 6 cornerstone 146 cornstarch 27 27 88 93 corp 1:10 corporate 18:15 18 corporation 1:10 50:20 correct 13:13 19 52:19 61:18 62:14 5,14 77:16 10,19,22 3,4 6,16 100 11,15 102 8,14 16,17 105 105 4,12 106 107 107 108 109 110 111 7,19 113 114 117 118 122 4,13 124 126 126 155 3,22,23 corrected 164 correctly 122 109 800-726-7007 correspond 85 correspondence 40:14 49 107 corresponding 124 126 cosmetic 39 44:24 51:13 113 163 164 cost 27 45 counsel 7:25 31:14 34:25 36:13 22,24 122 138 141 148 155 156 174 176 176 counsel's 21:17 125 counter 5:17 counters 136 county 1,15 57:22 9,11 176 couple 8:23 27:18 57:20 134 151 173 course 15:10 27:10 31:18 40:11 41:21 48:19 50 69:17 97 101 149 157 162 court 1,21 5 11,12,15,21 5:24 3,6,11,13 18,21 4,9,12 15,17,18,22 7:23 8,17,21 8:24 3,6,7,10 14,22,25 10 5,6,9,18,25 2,23,25 12 9,14,17,22 8,11,14,16 13:23 5,12 14:24 1,3,8 13,23 16 10,13,16,19 16:25 5,17 1,5,8,11,15 18:20 6,10 13,17 20:15 19,21,24 5,18,22,25 22 8,12,20,23 4,7,10,14,21 11,15,18,21 25:23 26 27 11,15 29:18 29:21 11,19 30:25 4,9,13 16,18,21 1,5,7,14,19 Veritext Legal Solutions Page 186 33:17 1,5,9 34:18 1,4,11 35:13 7,20 7,15 39:13 40:19 41:15 1,11 43:16 6,17 5,22 13,18 49:21 2,21 54:15 56 57:13 10,24 60 60:24 61:24 64 8,20 68:20 1,24 5,11,15 71:22 72:17 9,14,17,21 73:25 3,7,13 18,21 75:16 76 12,17 77:19 4,8,11 16,20,23 1,6,9,19,21 79:24 80 81 15,19,25 2,6,7,18 83 9,14 3,7 17,24 92:14 19,25 93 93:18 13,19 94:24 3,6,9 13,16,20 3,5,14,16,20 2,6,9,11,15 305-376-8800 court - day 20,24 4,6 14,16,18 1,4,10,16,22 5,7,12,15 18,20,23 2,9,17 120 4,21 121 122 4,6,9,16 3,19 125 8,11,19,22 5,11 127 9,12,16,19 127 128 17,19 129 5,13,15,18 22,25 130 8,11,14,19 130 1,11 13,22 132 6,8,13,18 1,12,15,20 23,25 134 13,19,22 4,7,11,21 135 5,10 5,11,17,24 2,6,10,22 25,25 139 8,13,15,21 139 5,11 21,24 141 4,9,11,14 15,20,24 800-726-7007 Page 187 1,5,9,12,16 142 143 11,14,16,19 22,25 144 9,12,15,17 19,21,23 2,5,9,15,17 20,23 146 4,8,10,23 146 147 12,18,21,25 4,14,17,21 4,14,18,22 7,9,14,18 150 9,19 7,9,10,12 16,21,25 4,7,19,23 1,6,12,15 19,25 155 6,11,22 3,5,14 3,5,9 158 7,11,14,16 158 159 10,12,21,25 4,19 161 7,8,10,11 161 162 15,18,19,22 16,24 165 4,10,14,17 6,16,23 4,14,16,21 2,8,16 1,7,13 1,7,13,25 6,12,24 8,10,23 2,5,9,12 6,10,15,22 174 175 175 court's 79:19 97:12 124 141 175 courthouse 1:15 175 courtroom 36 74:11 83:12 96:18 101 155 166 credible 30 cristina 2 3 cross 5 94:14 94:24 96:22 100 101 102 9,10 crossing 132 cruise 154 ctisi 2:12 curious 103 current 26 43:20 4,5 22,25 currently 114 Veritext Legal Solutions custody 6 customers 123 cut 6:10 44:20 138 151 158 159 cuts 135 cutting 8 cvs 1:10 d d 45 dade 176 dallas 130 130 damage 154 danger 21,25 dark 140 data date 6,16 19:22 57:21 84:10 89:23 112 131 dated 8,12 80:19 103 104 106 110 116 176 dates 80:23 day 18:18 77:13 11,16,19 90 11,13 96 127 132 136 305-376-8800 day - disagree Page 188 136 137 1,19 160 165 166 166 174 99:23 100 101 126 129 136 137 165 14,16 122 | device 87 133 156 differ 115 depositions 138 difference 132 4,8,15 176 defer 141 definite 48 days 104 definitely 37 11,16 106 | defraction deal 79 136 11,13 dealing 18:24 21 24:14 degree 40 82:10 102 126 119 deputy 82 101 128 | described 61:11 describes 48:25 description 9 49:14 design 163 163 different 58 15,16 62 62:13 67:15 76:19 99 125 137 139 140 157 differs 115 deals dealt 78:14 123 delay 53:18 108 designated 137 156 difficult 101 20 137 death 114 demonstrative 33:13 designation 148 diligently 135 direct 4 22:23 7,10 decide 29 denied 83 42 designations 5:16 133 37:18 78 79 79:12 83:19 151 denies 163 136 142 101 102 decision 161 131 2,14 deny 99:24 148 149 desires 16:14 108 120 123 124 defendant 70 | department 161 9,16 | 40 42:24 163 164 57:23 9,11 desk 32:24 89 detail 143 detected 86 132 direction 130 164 defendants 1:11 2:13 12,14,16 11:14 16 5,13 106 | determine 30:14 | directly 26:22 | depends 143 85:13 2,10 26:23 78:14 | depo 5:16 137 | determined 125 154 115 director 50:19 82:23 4,4 169 depos 47 5 147 determining 113 2,24 106 108 112 defense 9 14,20 78:21 94:15 96:14 9,20 98:11 deposed 121 | deposit 56:17 deposition 28 35 75 | developing 63 development 60:11 105 106 116 1,4,8 disagree 17:19 20 25 28:14 125 158 800-726-7007 Veritext Legal Solutions 305-376-8800 disconnect - dr disconnect 137 discontinuation 163 discovery 162 discuss 133 135 7,24 174 discussed 78:14 143 165 discussing 104 discussion 73:12 82:14 94:22 101 124 138 157 disease 24:14 disingenuous 77 distinguish 140 distributed 19:12 163 distribution 61 doctor 51:20 64:22 72:23 74:15 83:24 86 90 91:19 92:22 97 100 108 116 118 120 122 800-726-7007 134 doctor's 134 doctoral 122 doctorate 40 123 document 4:10 10,11,11,12 12,13,13,14 14,15,15,16 16,17,17,18 18,19,19,20 20,21,21,22 22,23,23 11 8,10,15,18 11:22 12:24 4,18,25 14 14,21 15 15:20 16 17 3,12,13,14 6,20 20 21 22:10 23 10,18,18,25 49:12 69 70 70 74:24 75 21,23 6,9 76:17 15,24 77:25 5,6 10,13,18,19 80:19 83:25 2,5 9,9,25 17,18 89 13,14,15 92:20 104 116 125 125 146 153 167 4,10,18 3,9,15 3,9,15 2,8,14,20 1,12,24 18,19 documents 6 8:20 25 27 73 4,4 80:23 83:24 125 142 8,10,11,15 149 150 12,14,15 doing 3,7 59:14 69:18 99:18 102 110 115 122 125 127 140 dollar 146 door 125 130 166 door's 74:13 double 136 dr 4 16,20 12 13 15:21 18:19 15,20 19:23 22:16 1,19 25 14,22 30 13,19 32:14 Veritext Legal Solutions Page 189 32:23 15,25 35:10 17,20 4,20 44 48 17,18 50:23 51 54:12 56:22 64:21 5,10 65:19 1,2 67:24 2,12 13,13,14 69:14 70:18 11,12 73 74:25 8,12 76 10,14 78:15 6,14 20,24 82:15 82:24 83:16 86 4,14,15 4,5,6 95:25 5,21 2,22 101 102 105 106 107 108 109 110 110 4,17 111 7,14 112 113 114 115 7,25 117 21,24 11,15,16,21 119 120 120 121 124 7,18 305-376-8800 dr - evidence Page 190 127 131 131 132 133 137 174 175 drive 142 144 146 148 153 10,15 druenne 85 due 24 131 duly 37 dusted 27 duty 75:10 24,25 80:15 e e 1,8 1,1 37:14 156 earlier 32:24 102 104 131 152 155 166 early 38:14 59 94 easel 22 easier 31:25 33:22 87:19 easily 15,16 easy 23:13 32 eckerd 1:10 edged 136 educated 29:23 education 122 800-726-7007 educational 129 effectively 6 effects 40:10 41:21 43 46:25 113 22,25 efforts 174 egg 146 17,18 148 either 24:12 108 123 129 133 134 163 eject 154 electron 85:12 85:12 elicit 126 emphasizing 91 employee 119 176 176 employment 58 ended 21:25 engineer 45:14 90 engineering 40 42:24 102 english 150 enhance 60:11 ensure 109 entered 36 11,17 50 83:12 101 124 155 entering 36 entire 20:12 27:24 114 123 139 157 entirely 24 8,14 entirety 135 153 172 entities 12 entitled 1:20 48:13 76 entity 12 environmental 40 42:24 90 epidemiological 114 escalate 105 escalated 105 especially 24 59 esq 3,4,5,9,15 18,22 3 esquire 7,8 establish 21:16 establishes 24:12 estate 5 Veritext Legal Solutions estimate 132 everybody 5:24 6 7:23 29:13 32:11 3,4 73:22 83:21 95:10 141 155 166 everybody's 4 131 155 everyone's 154 evidence 8:20 19,24 10:23 2,7,9,11 20,25 2,4 12,16,19,21 13:24 1,3,6,8 10,13,15,17 7,20,23 16 4,21 9,11 20 22:10 25 7,8 28 36:13 12,17 50 53:14 59 64:20 65:13 68 69:21 70 70 72:24 73 19,21 77:15 13,16 81 81:18 85 86:10 89 92:12 93 95:23 96 3,22 154 305-376-8800 evidence - fact Page 191 16,23 156 162 excerpt 22:19 22:15 21,24 168 | excess 61 5,8,11,17 62:25 9,18 168 169 64:13 8,10,14,16 4,10,16 3,9,15,21 | exchanged 102 exclude 146 2,13,25 173 147 excluded 148 evidentiary 29:23 134 excluding 147 excuse 128 evidently 108 | excused exact 30 99:12 127 96:21 146 exhibit 10,10 exactly 35:12 44:11 54 99 11,11,12,12 13,13,14,14 99 101 15,15,16,16 108 149 examination 4 17,17,18,18 19,19,20,20 5,5 37:18 79 21,21,22,22 83:19 94:14 96:22 23,24 102 108 124 126 examined 85 23,23 3,6,24 15,17,21 6,8,10 12:24 18,25 14 14:14 15 16 85:11 17:24 35:17 example 125 except 128 163 1,13 175 42 10,11 48:12 50 53:12 59 64:15 65:12 exception 76:13 156 67:25 16,19 70 72:24 78:12 80:17 83 84 86:10 99:15 100 23,24 1,2 | experts 20:13 12,17 103 55:11 21,25 104 105 106 108 3,9 58 109 110 111 112 116 explains 109 109 113 117 145 114 145 146 159 19,23 4,10,18 exposed 59 60:12 61:10 64:13 111 3,9,15,24 5,24 3,9,15,19 exposure 26 170 171 8,19 111 14,20 172 | exposures 12,24 expressed 25:24 44:13 173 expressly 163 exhibits 34 1,13 35:16 83 extends 51:13 98:12 9,17 135 141 extensive 114 51:24 149 151 extent 137 152 167 168 expand 98:21 expected 61 expecting 131 expediently 12,14 expert 24 27:23 2,16 28:21 15,19 30:21 75:13 83 96 98:24 140 149 extremely 86 eye 140 f f 9 fact 2,8,9,21 26 29 53 9,15 76 83 90 91:19 94 96 100 121 800-726-7007 Veritext Legal Solutions 305-376-8800 facts - fort Page 192 facts 28:24 figure 44:21 133 20,21 144 failure 69:23 figured 139 fair 47:21 61:16 | figures 146 71 104 148 149 finishing 43 firm 3 | first 6:18 10:25 12 14:25 25:16 34:19 floor 2:23 florida 1,10 1:23 176 fly 130 follow 64:14 140 file 14:21 25 36:14 37 41 101 fairly 71 fall 142 files 12 17:14 7,25 20:10 41 43 44:19 | following 15:12 48:21 53:17 34 36 54:21 falls 30 146 familiar 66:21 far 45 49 | 28:19 19,22 filing 167 final 6:10 57 58 59:13 63 70:17 83:25 84:18 57 73:12 74:12 83:13 94:22 95:18 51:13 77:20 financial 2:15 97:25 102 96:19 101 105 126 148 149 103 108 107 114 129 135 153 142 152 124 141 139 fda 85:10 financially 176 five 7:10 74:19 79:10 135 155 157 166 174 116 163 6,11 fear 140 | financials 148 find 26:15 92:16 99:11 101 138 139 follows 5:23 141 1,13 | 159 7:14 37 79:23 97:14 156 feasible 114 114 february 19:23 19:24 88:15 89:24 federal 6 feel 46:15 47 135 167 finding 72:21 | fine 1,7 78:25 98 131 138 139 151 10,14 | fix 16,19 158 164 food 97 fl 1:16 7,11,24 | foregoing 176 3 forget 92:23 | flash = 142 form 47 56:17 144 153 | formally 152 10,15 152 63:13 99:17 fiber 8,9 88 153 154 165 finish 133 | fleeting 157 | forming 87 flexibility 101 | forms 19,23 129 47 fibers 26:18 45:10 47 67 88 91 field 38 58 134 141 148 153 161 finished 55:12 109 | flight 134 155 flights 130 flip 100 formulation 55 18,24 164 fort 1:16 7 800-726-7007 Veritext Legal Solutions 305-376-8800 forth - going Page 193 forth 84:14 89:19 forthcoming 1,4,5 forward 35 115 forwarding 89:13 found 20:10 28:19 52:22 4,9 87 89:22 foundation 12 24:16 4,6 81:13 four 25 61 20,23 114 137 142 148 153 fourth 27 20,22 frame 38:21 39 2,4 46:14 72 84:13 87:17 88:13 frankly 154 11,17 fred 52 107 frederick 156 156 free 10,12,21 55:23 12,13 56:18 17,23 800-726-7007 77 84:20 86:19 109 gathered 133 | gives 66:18 gavin 65:19 114 110 112 giving 35:11 friday 82 gears 131 121 23,25 129 | general 54:23 20,22 133 | 98:22 140 154 | generality 21:19 15,22 generally 49:17 go 5:24 2 10 9,10 17 | 23 32:11 34:20 40 166 174 5,7 61 42:11 43:18 174 175 fridays 82:10 gentleman 50:10 57 60 63:11 82 4,18 front 14:22 100 117 gentlemen 166 90:12 99:16 110 122 17,18 146 getting 59 82 135 137 138 138 140 full 37:11 136 137 139 140 155 156 136 150 | give 9 5 4 10 21,23 22:18 30 31 149 20,22 17,18 goes 41:16 47:18 79:13 157 158 fuller 166 funded 122 further 12:15 31:15 4,8 9,17 36:25 39:21 69:25 70 94 95:21 142 147 161 165 going 22,25 7:58:20 7:58:20 10 57 120 124 127 163 176 furthermore 88 g g 5 gather 133 : 114 96 121 130 136 138 140 141 143 145 154 156 161 173 given 54 98:23 98:24 127 138 156 9,14 20:15 5,6,14,19 12,21,23 24:23 9,13 3,7,21 31 32 33:23 34 34 35 2,16 38:18 40:13 42 10,23 49:13 2,13 157 50:25 51 Veritext Legal Solutions 305-376-8800 going - headquarters Page 194 55:14 60 64 65:12 66 67:21 17,17 72:23 4,13 20,23 76 76:20 5,17 18,19,23 1,17,17,20 79 4,6,9,10 81:22 9,12 21,24,25,25 84:24 1,1 8,21 88:16 88:24 91:17 6,15,16,19 92:22 15,20 94:25 95 99:22 12,24 101 104 108 119 120 126 127 8,24 129 130 22,23 131 131 132 2,10,14,18 5,16 136 5,25 138 138 139 8,17,24 149 2,19 20,20 151 151 4,21 154 155 155 156 9,23 158 159 5,22 22,23,25 15,16,17,18 20,22,25 5,11,22 166 169 173 175 golden 146 17,18 148 good 6:15 5,8 10,13,15 18 36:22 102 127 139 166 9,15 175 gotten 57 26:23 gouverneur 10,23 government 2,3 governmental 38 grad 102 grade 55 graduate 40 57:19 103 120 122 graduated 102 grateful 116 great 55 63 97 128 155 158 greatly 47:20 green 140 grounds 16 92 group 71 114 groups 52 guarantee 73:19 95 12,14 guess 6:24 21:19 48 79:10 82 129 130 131 160 174 guidance 138 guy 23,25 153 160 guy's 133 guys 9:13 141 150 154 h h 4 106 half 39:25 79 8,13 132 132 hand 31:17 32:15 36:23 24,25 86 89 90 142 147 handled 49 handling 49 133 handwriting 42:17 8,10 70 handwritten 103 hang 20:19 happen 157 158 happened 19:14 38:14 91:13 happens 136 happy 22:18 32 100 160 hard 136 hardy 3 harmful 113 hashmarks 90:18 hawkins 136 137 138 hazard 63:25 20,21 hazardous 93:21 hazards 89:22 headquarters 129 800-726-7007 Veritext Legal Solutions 305-376-8800 health - idea Page 195 health 1:10 38 40:10 41:21 43 45 46:25 22,24 58 90:11 hear 9:21 13 22 30 75:16 76 159 162 heard 31:10 6,8 75 95:25 123 130 hearing 16:16 22,22,23 17:22 1,3,21 3,8,12,16 12,23 23:17 5,6 27:24 28:20 29:14 30 73:13 89:25 2,24 12,13,20,25 2,10 94:23 96 98:23 99:14 12,22 157 172 hearings 165 hearsay 16 20:14 39:12 69:22 91:23 92 93:15 12,13 800-726-7007 held 160 help 15:25 37 121 high 55 147 highlight 23:12 90:19 highlighted 24:13 highway 6 hildick 50:23 51 5,10,19 68:13 111 7,18,21 113 114 115 117 118 120 historic 41:20 historical 51:14 hold 144 145 157 holiday 175 honest 125 honestly 147 honesty 139 honor 2,5 7 11,17 10,13 8:15 5 10:24 11:14 12:21 15,22 14 14:11 10,19 5,20 17:10 19,23 18:17 20:25 22 23 23:12 24 25 28:22 29 10,18,24 31:12 32:22 19,21 36:16 2,17 41:14 41:24 44:15 4,21 58:23 68:24 20,23 69:25 2,14 73 74 76:14 22,24 79:16 79:18 1,2 81 21,23 5,11 88:24 89 6,11,13 92:18 94:18 95:15 12,15 5,8,10,19,21 97:23 5,19 98:21 3,12 99:17 11,19 100 102 120 3,20 121 122 1,17,20 8,11,15,24 128 131 7,12 133 134 135 140 141 14,21 146 147 17,19 151 6,11 Veritext Legal Solutions 154 157 157 159 162 164 164 165 173 174 14,18 honor's 93:16 153 20,22 159 honorable 1:21 hope 73:18 95 139 8,10 hopefully 73:21 hopkins 6,6 40:24 42:23 59:15 103 110 139 hour 16,22 8,8,13 2,9 96:22 97 4,9,9,11,11 136 hourly 38:11 6,10 hours 137 housekeeping 10:11 155 160 huh 18:20 95 130 144 i idea 28:16 305-376-8800 ideal - interrogatories Page 196 ideal 2 ideas 132 identifiable including 39:10 | informative instructions 89:14 141 59:16 15,19 | 73:25 income 120 116 126 intend 19:20 87:25 identification 9:24 17,22 11:13 12:20 19,20 146 inconsistency 139 informed 118 informs 109 111 2,21 3,10 | increased 25:24 | ingredient identified 76 | independent 164 identify 65 38 55:11 ingredients 76:21 20,24 3,9 163 ignore 111 ills 91 58 109 indicated 36:11 innocuousness 71:14 2,5,7,8,17 22 23:22 158 intending 33 63:23 3,7,8 intent 170 intention 77:10 interchangeable 46 interest 115 impolite 39:17 important 22 26:19 29 improper 16 49:20 52:24 170 indicates 88:22 indication 20 individuals 60:12 110 inorganic 52 inquire 37:16 110 inquiring 119 116 124 interested 40:15 2,15 57 60:10 72 113 176 56 57:11 58 60:23 61:23 64 67 71:20 72:15 89 induce 113 indulgence 124 industrial inquiry 48:13 3,4,17,25 53:18 3,6,10 105 108 internal 48:24 74:23 86:22 104 106 143 14,22 93:16 impurities 55:10 inception 163 114 123 123 infants 59 infer 25 inference 24:25 111 inside 91 insignificant 85:15 instruct 100 internally 87:16 88 104 105 interoffice 109 incidence 66:22 include 77:21 157 included 92 119 includes 20:12 information 25 3,6,23 27:17 29:11 16,20 68 76:18 91:20 112 114 instruction 16:13 26 27 8,11,25 31 31 14,21 98:22 13,20 99:23 156 interpret 98:24 interpretation 56:12 interpreted 56 interrogatories 162 146 116 125 1,16 800-726-7007 Veritext Legal Solutions 305-376-8800 introduce - johnson's Page 197 introduce 92:20 141 152 introduced 104 116 investigation 166 involved 38 45 166 irrelevant 24 24:21 9,14 143 irving 44 issue 18:18 19 21:18 29:24 34:25 44 45 62 66 71:19 78 82 128 133 140 152 8,11,14,21 160 issued 118 issues 2,9 78:14 146 148 150 158 165 166 174 j j 5 & 11:18 16:14 18 7,11,14 26:11 27:14 57 64:16 800-726-7007 87:16 143 16,23 173 j's 12 17:14 jack 160 jam 151 jju 5 john 58 58 42:22 90:24 johns 6,6,23 42:23 59:14 103 110 johnson = 8,8,8 8,9,9 11,11 14,14,16,16 17,17,17,17 19,19 14:20 14:20 21,21 13,13,20,20 19:25 2,2,6,7 11,11 21:10 21:10 4,4,20 24:20 22,24 24,24,25 4,4,7,7,8,8 16,16,19,25 28:25 15,15 24,24 38:15 15,21,21 1,2,4,5 40:11 11,16,17,22 40:23 2,3,3,9 41:10 4,4,16 42:17 4,4,9,9 3,4 24,24 24,24 24,25 8,8 9,9,12,12,14 51:15 8,8,25 53:25 5,5,15 55:16 5,5 6,6,20,20,23 3,3,16,16,24 65:25 11,12 18,18 3,4 9,9,10,10 23,24 5,5 7,7 10,11 11,11 5,5 7,7,11,11,13 14,20,20,24 80:24 6,6,14 15,18,18,21 85 5,5,22 86:23 18,20 88:21 10,10 3,3 102 11,18,18 7,7,13,14 20,20,23,23 2,2,11,11 18,18,21,21 4,11,11,16 16,24 18,18 14,14,20,21 7,14,14,25 109 110 11,12 Veritext Legal Solutions 11,11,19,19 112 113 113 114 114 5,6 15,15,20,20 23,23 116 8,19,19 10,10 118 118 10,10 14,15,18,18 11,11 121 121 123 14,14 125 125 126 23,23 127 127 147 148 156 156 162 25,25,25 11,11,11,11 13,13,14,14 4,5,5,5 johnson's 19:25 28:19 32:25 38:20 42 44:25 53:19 55 15,17 59:23 84:22 85 88:18 91:21 5,24 106 107 109 110 19,23 112 113 305-376-8800 johnson's - know Page 198 1,6,12,18 7,10 joint 87 jones 74 166 journal 66:18 jr 156 judge 1:22 8 6 2,8 12:16 13 14:18 16:14 17 19:18 23:25 24:19 27:18 33:16 16,22 53:13 1,3,11 74:23 75:18 76 77 78:25 81:24 82 98 125 134 6,23 136 137 140 140 141 142 143 2,13,22 145 146 148 152 158 166 172 174 16,18 judicial 1 juice 161 july 40:12 41 42:17 7,13 103 1,12 800-726-7007 juror 6,7,19 101 128 4,10,14,17 20,24 130 7,10,13,18 21,25 131 155 153 9,12 156 7,13 157 161 162 164 165 166 jury's 74:13 75:25 9,13,16 jurors 36 82 101 130 131 134 5,14,15,20 jury 1:13 22 24:24 25 29 4,22 4,5,8 37:23 2,14 39:21 6,8,14 44:22 45 46 47:17 49:14 50:12 56:10 65:14 66:15 68:18 70:14 73:13 9,11 75:20 76 81:25 82 12,15 84:25 85:21 86:25 87:16 88 94 13,23 95:19 20,24 96:18 97:22 10,20 15,18 103 124 128 150 17,22 justification 43:20 k k 9 156 karen 133 kayla 2:22 8:10 102 kayla.quintana 2:25 keep 15,24 31:21 32 91 129 154 kelley 3 kept 69:16 kids 91 kind 45:15 67:22 7,19 125 130 14,23 136 139 142 150 151 155 kindly 37 133 kleinfeld 60:15 20,25 61 Veritext Legal Solutions 61:16 9,13 66:17 123 knew 12,17 20,24 26 8,10,17 29:13 30:15 44:13 66:13 3,4 know 5,18 14,21 7:20 9:12 13 14:22 18 18,22 24,25 25 25:23 28:17 29:11 4,12 32 13,16 39:16 43:22 44:11 45 47 54 66:21 70:18 4,11 9,11 77:20 11,15 82:13 99:18 3,4,7 102 108 119 123 129 132 133 9,23 135 136 10,11,20 141 19,25 148 149 150 151 158 175 305-376-8800 knowing - limit Page 199 knowing 60:10 knowledge 49 49:16 67:19 91:16 105 9,23 knowledgeable 103 known 13,17 20,24 28 28:11 30:16 knows 26:10 29 koberna 133 22,23,24 134 137 149 2,3,7 156 kulaw.com 4 5 1 1 37:14 lab 77 labeling 139 laboratories 50:20 52 57 65 72:20 74:25 14,22 80 19,21 106 107 120 laboratory 76:17 84:17 800-726-7007 labs 18,22 81:13 lack 91:15 lacks 67:18 ladies 166 laid 33 landing 29 language 31:11 67 100 large 1:23 24 114 largely 112 142 larger 62:17 largest 120 122 lastly 88 late 134 lauderdale 1:16 7 law 3 lawsuit 157 159 lawsuits 157 5,16 160 lawton 103 104 105 108 110 111 112 113 115 116 117 lawyers 121 121 130 174 lay 7,10 30 69:23 81:12 83 leading 40:18 44 learn leave 8,10 15:15 98 134 140 leaving 101 left 74:11 83 89 96:18 166 legal 121 lengthy 9 138 letter 19,23 4,16,19 43 18,23 1,7 11,24 2,6 50:22 7,8,12 51:17 9,12 20,21,21,24 53:25 4,4,20 55:15 19,20 56:22 1,5,21 59 15,23 5,9,15,16 1,21 67:24 2,4,7,12 75:19 6,14 81 18,22 98 102 6,12,16 1,22 105 Veritext Legal Solutions 12,12 106 107 107 108 109 110 12,19 10,15,17 13,20 116 5,10,11,12 117 118 118 126 letters 6,19 80 89:18 10,14,25 110 119 119 120 letting 82:13 level 21:19 25:23 26 levels 86 levin 8 levinlaw.com 2:12 liability 143 life 132 light 11,19 142 likelihood 60:11 likely 138 likewise 170 limine 18:19 19:21 60 73:25 160 limit 38:18 132 157 305-376-8800 limited - manufacture Page 200 limited 17:16 107 120 106 114 92 118 28:24 30:14 143 153 118 132 122 125 99:13 14,18 4,17 161 | looks 9:10 135 137 limiting 16:13 166 103 12,15 26 27 95 live 20,21 looming 29:23 157 160 95:13 98:21 175 lopes 82:15 161 99:12 living 129 9,24 132 | maintain line 121 | llp 3 132 133 142 122 123 | logistical 127 | lost 109 maintained 123 139 | logistically lot 58 121 142 149 157 34:23 2,14 141 | make 7:23 lines 58 122 | long 6:12 33:15 150 154 24:25 2,25 122 39:21 44:24 158 32:19 39 76 linking 41:22 list 3,6 35:17 70:22 7,8 159 167 169 listed 21:10 42:23 listen 159 listening 24:25 litany 148 literature 41:18 20,22 43 46 113 116 117 litigation 38 108 157 159 little little 20:16 32 38 39:16 41 44:20 51:20 71:17 102 64:14 73:14 94:24 126 132 133 143 look 6:23 18:21 3,22 20:16 22:14 7,22 68:16 73:19 78:15 85:25 95 102 104 105 107 108 110 141 143 158 161 looked 53:21 98:20 102 106 115 119 looking 25:15 63:14 71 lots 130 76:25 82:22 low 26 86 99:24 123 lunch 35:19 73:15 79:14 83:21 15,25 95:21 96:16 131 133 135 4,11 148 149 150 151 97:13 98:20 160 161 lung 24:14 61 1,18 lungs 71:17 m m 2 37:14 : m.d. 18,21 112 ma 2:16 ma'am 121 : made 28 36:20 52:10 54 69:13 76:22 91:20 | makes 23:13 31:25 32 75:21 109 117 making 15:24 47:21 114 122 160 man 145 146 mann 15,17 manner 78:18 manufacture 26:25 800-726-7007 Veritext Legal Solutions 305-376-8800 march - minutes Page 201 march 20 13,17 53:13 80:22 108 109 116 margins 90:20 marked 10 72:24 88:17 145 153 marketed 51:15 163 marketing 45:17 156 markets 113 martin 1:21 maryland 37:21 37:22 103 master's 40 122 matter 16:15 36:13 48 128 157 matters 96 mbl 13,13 158 mccrone 52 56:22 74:24 77 80 84 107 mckeegan 20,21,24,25 16,17 md 2:20 mean 12 18 15,22 1,2 800-726-7007 22 15,18 25:21 23,25 32 52:11 55:22 56 58:20 63:23 7,8 66:17 67:12 77 91 122 2,3 132 134 7,13 137 143 147 150 158 meaningfully 15,16 meant 45:13 47 99 medical 44 108 112 meet 102 members 36 41 44:22 45 46 47:17 49:13 83:15 84:25 85:21 86:25 87:15 88 93 94 94:13 95:20 101 155 156 161 162 164 165 memo 11,15 104 memorandum 22,22 106 men 61 111 114 mention 119 128 mentioned 41 42 56:21 61:17 62 66:20 83 19,22 88:12 90 91 92 123 124 165 mesothelioma 25:25 26 61 63 met 102 method 109 miami 2:24 3 176 michael 2:15 microphone 37 microscope 87:25 microscopy 11,12,19 middle 85:18 mike 8:13 mike.brown 2:17 millers 111 119 123 Veritext Legal Solutions mind 33:24 34 34:10 58 128 154 173 mine 56:16 62:10 3,7,10 123 154 mine's 125 mined 46:12 mineralogists 51:25 mineralogy 46:25 minerals 80:18 85:14 87 miners 1,6 61:10 66:22 1,18,21 115 119 9,24 mines 52 55 55:16 14,21 62:13 8,23 9,12,21 78 78 80:21 15,19 107 109 20,25 minimum 18:11 minute 51 79:10 88:10 151 minutes 7:10 73:18 74:19 79 95 132 305-376-8800 minutes - never Page 202 4,10 135 135 136 136 137 10,14,16 143 151 155 159 161 mislabeling 83 misnumbered 35:15 missing 133 mistaken 147 mistrial 82:24 83 mixed 63:19 modify 165 moline 34:25 35:10 moment 12:10 15 40:14 45:12 2,10 131 159 160 moments 5:25 monday 131 131 165 174 175 money 121 122 monitor 34:11 monitoring 113 800-726-7007 month 112 months 57:20 109 morning 5,8 10,13,15 34:25 36:22 130 20,22 135 174 morphology 71:15 mortality 25:25 motion 19:21 60 82:22 83 motions 18:19 mougey 8 move 8:20 9:19 10:22 11:12 12:20 13 14 14:16 16 17 41:24 44:15 47:11 58:22 61:22 133 150 moved 15:18 moves 9:23 10:16 13:20 14 moving 82:23 83 98:12 139 150 173 mucous 71:16 mullins 2:22 14,18 multidistrict 159 multiple 83 n n 4 5 37:14 156 name 11,12 37:13 10,14 51 55:14 70:21 78 90 102 20,21 3,15 156 named 57 names 19:12 4,5,6 50:12 157 narrow 139 nashid 51 66 67:24 68 68:12 86 89:15 7,25 national 38 naturally 45:11 nature 88 112 129 necessary 132 need 3,12 6:10 19,21,23 19,21 31 31:21 32 34:19 6,21 37 42 46:15 Veritext Legal Solutions 73:19 15,17 74:18 82:18 95 100 101 111 127 131 134 8,15 135 9,25 141 144 148 150 151 20,21 153 157 160 161 15,20,21 166 167 167 174 175 needed 114 needs 74 79:11 82 93 160 161 negligence 143 neither 85:16 162 164 nelson 2:22 14,18 nelsonmullins 17,21,25 neoplastic 113 net 146 never 17,18 18:12 28 18,19 305-376-8800 never - objection 124 125 new 35:17 44:10 44:12 46:12 60:25 3,6 62 85:10 86 10,11,23 newspaper 21 nice 64:11 96:16 102 night 101 130 131 20,22 nonadvertising 146 normal 48:19 3,17 50 69:16 105 normally 94 159 north 6 notary 1:22 176 note 69 77:22 81:19 1,5 117 118 notebooks 74:10 94:20 165 notes 69:13 176 notice 13,14 21,23 17 13,20 18:12 18:12 7,9,11 800-726-7007 16,18,22 14,16 96 145 noticed 26 35 notifying 60:21 november 116 117 number 10,10 11,11,12,12 13,13,14,14 15,15,16,16 17,17,18,18 19,19,20,20 21,21,22,22 23,23 9:19 6,8,10 12:24 14,18,25 7,14 15 16 42 44:19 11,12 50 51:11 53:12 59 62:12 64:16 65:12 17,19 70 72:25 11,12 82 85 86:10 87 88:21 105 118 129 144 145 162 163 164 167 4,10 168 169 169 170 170 2,8 14,20 172 8,12,24 173 numbers 23 145 numerical 169 numerous 38 81 0 o 5 156 o'clock 134 155 175 oath 83:17 101 162 obas 1:22 176 176 object 9:21 11:14 13 14:20 16 17:15 30:23 2,3 33 92 98:11 99 149 157 objected 12:17 152 172 objecting 73 12 objection 8:23 9:21 14,20 10:24 3,4,5 Veritext Legal Solutions Page 203 20,22 12:21 12:23 3,5,11 17,22,24 4,6,11,13,19 14:23 20,21 15:24 11,12 17:18 24 27 39:11 40:18 11,19,24 43:15 5,15 3,20 47:11 49:19 52:24 54:14 56 57:11 8,22 2,6,22 61:22 64 6,18 69:22 70 71:20 72:15 73 77:12 21,23 80 19,20 3,7 14,17,22 92:16 93:15 98 120 3,4,5 14,14 126 139 139 141 142 143 143 146 146 147 149 160 12,20,22 1,3,7,9,13 305-376-8800 objection - okay 17,25 169 | 6,8,12,14 133 165 166 174 169 170 | offense 134 8,12,14,23 offer 16:12 1,5,7,11,13 26:10 57 17,19,23,25 69:21 132 4,7,11,22 offered 13,13 172 173 30:13 objections 5 15:25 29:25 offering 25:22 office 134 77:22 78 officer 147 88:25 133 official 57:22 7,9,12,17 139 140 61 officials 61 141 7,24 147 148 oh 5 11:24 16:11 31:20 173 33 34 42:14 obligation 76:12 obtain 115 68:21 129 145 148 obtained 20 152 153 obvious 75:24 159 162 obviously 79 88 occasionally 86 18,23 168 170 okay 11,14,20 5:21 3,11 8:24 7,18,23 10 occupational 111 23,25 13:10 14:24 1,23 occupationally 60:12 111 8,19,25 17 8,17 19:10 114 19:17 20:24 occurs 45:11 23:10 25:20 october 68 98 116 129 131 27:15 18,21 30:17 8,11 31:16 11,15 4,18,22,23 9,13,18,25 4,8,16,25 40 1,5,15 3,10,19,22 11,23 45:18 46:10 47:15 17,23 49:24 2,6,10,15,21 50:25 11,19 15,17 53 11,17,24 54 2,13,20 10,19 57:16 57:24 3,15 12,22 1,7 15,19 61:16 62:17 2,17 64:25 4,19 65:21 6,12 15,24 67:11 67:24 4,9,12 68:24 13,16 5,21 72 73:17 3,13 75:16 77:12 78:16 6,9,15 79:20 80 82:20 83 17,23 85 4,13,21 87:15 10,16 13,21,23 4,16 4,10 800-726-7007 Veritext Legal Solutions Page 204 91:19 93:23 94:11 3,16 96:20 4,11 97:24 4,18 6,22 100 14,16,17,23 100 101 101 102 103 104 2,10 112 117 118 120 121 121 122 122 125 125 126 1,4,16 128 129 15,18 11,14,18,20 130 2,13 131 1,15 132 134 134 135 8,13,21,24 4,9,11 5,9,17 143 144 144 9,13 145 6,11 17,21 149 149 150 5,11,16 154 3,11 155 5,24 305-376-8800 okay - part Page 205 158 161 82:25 83 89 161 162 15,22 93:16 17,22 98:25 126 13,16 16,23 opinions 25:19 26 27:25 10,15,18 28:23 30:21 168 170 44:16 96 99 10,19 174 4,6,22,24 2,6,10 | opposed opposing 138 99:19 34:24 old 18,22 145 146 161 optical 87:25 optically 86 order 55:10 once 82 93:17 169 131 one's 5:17 organizations 38 ones 31:13 | orient 6,13 139 original 5:16 open 129 6:16 51:17 130 138 | originally 64:22 146 64:23 106 opened 125 144 145 opening 31:19 openings 34 opinion 16 25 26:10 165 originals 6:19 ought 174 outside 32:16 39:11 41:11 43:15 5,16 13,23 28:21 3,20 52:25 3,20 31 58 2,22 49:20 52:24 61:23 7,19 56 57:12 58 24,25 88:25 3,23 61:23 15,23 93:16 64 67 71:21 overrule 58:10 72:16 13,14 70 78:23 81:20 89 92:15 overruled 4 39:13 41:15 73 4,5,18 19,25 87:11 88 12,12 92:22 121 42 43:16 44 122 139 44:17 5,22 47:13 49:21 53 54:15 56 57:13 58:24 146 pages 22:25 35:15 11,12 176 60:24 61:24 8,20 71:22 72:17 77:13 paid 5,5,9 panel 36 73:13 74:11 91:24 93:18 83:12 94:23 122 6,18 | own 20:14 55 95:19 101 124 157 80:21 109 166 161 166 o'brien 2 P : P 5 p.a 2 p.m. 1:17 129 175 p5-1 145 p5-2 144 7,16,19 144 p5-2-4 144 145 page 2,9 14:20 14:25 19 22:24 2,6,19 2,6,19 26:15 28 22,23 66:18 papantonio 8 6,6 10 11 1,5 35:23 169 172 172 1,24 paper 5:13 42 paragraph 55 63 85:20 114 paragraphs 90:19 pardon 57:17 part 28 59:13 63:18 66 71 92 103 114 147 152 800-726-7007 Veritext Legal Solutions 305-376-8800 participate - plant Page 206 participate 154 particles 52 particular 44:24 62:23 parties 35 97:17 140 142 166 13,14 partly 122 party 17:14 159 162 164 pass 94:20 165 passing 15:25 past 120 140 pattern 164 pause 45:12 pay 10,11 pdf 6 pensacola 2:11 people 9 22 2,24 29 40:11 46:24 49:17 50:21 7,8 59 66 11,14,21 69:17 70:22 72 14,15 93 119 123 166 800-726-7007 percent 61:17 61:17 62 16,23,24 138 percentage 146 perfect 76 79:15 100 performed 107 period 64:14 107 118 peritoneal 61 permit 141 perpetuity 7 person 34 personal 4 67:19 91:15 personally 33:22 42:20 perspective 39:21 pertinent 114 115 pf1 144 pf2 144 pf3 145 pf4 145 pf9 145 ph.d. 50:11 106 116 phone 15 71:23 117 10,18,19,20 119 phonebook 9:10 phrase 87:18 picked 16,16 pierson 2 2 7 3,3 2,5,8 9:11 14,19 35:22 5,11 7,13 150 8,12,16 154 173 18,23 175 175 place 118 plaintiff 2 7:25 2,4,7,18 9:23 10:16 13:20 14 12,14 75:17 8,11 7,18 126 127 137 155 155 156 159 168 plaintiff's 4:10 10,11,11,12 12,13,13,14 14,15,15,16 16,17,17,18 18,19,19,20 20,21,21,22 22,23,23 9:24 15,16,21 6,8,10 12:19 Veritext Legal Solutions 22,24 13 18,23,25 5,7,12,14 6,18 16 17:23 31:19 36:14 70 80:17 1,7 101 103 104 105 106 108 110 111 112 3,24 117 167 19,23 168 10,16,18 1,3,7,9,13 15,23 170 3,7,9,13,15 19,24,25 2,6,8,12,14 18,20,24 1,10,12,24 plaintiffs 6 6 11:12 14 17 35:10 98:17 2,10 122 154 174 plan 136 175 plane 160 165 plant 45 305-376-8800 platy - probably Page 207 platy 71:15 play 10,25 127 133 136 140 147 152 158 161 | points 113 113 141 20,21 | polite 48 175 pollution 40 played 62:22 57:21 146 148 | pomp 34:20 149 2,24 | pooley 2,3 152 156 56:22 107 playing 135 | populations 153 161 3,11 pleading 157 portion 21 158 150 pleadings 157 158 160 portions 148 position 11:25 113 131 please 5,18 68:25 75:17 79 85 87:15 137 159 possibility 94 112 88 93 94:17 96:17 100 137 152 possible 82:12 post 18:22 20 24:18 pleural 61 point 6 22 27:23 28 29:22 30:22 postcard 2,8 108 potential 43:13 63:24 104 33:13 41:15 106 4,23 62:17 4,20 87 powder 32:25 15,20 42 92:15 100 107 110 43:21 1,25 46 15,23 117 127 52 53:19 55 136 137 55:17 85 87 2,3,21 104 106 107 97:17 101 137 142 109 163 presentation 12,18 164 | 142 146 164 presented 16:21 powders 45 30:20 95:23 45:20 93 96 156 powerpoint presenting 142 3,15 | 36:12 155 148 21,22 | presently 43 powerpoints preserve 149 148 preserving 31 practical 150 president 147 preadmit 98 presume 32:14 preadmitted pretrial 147 133 pretty 124 predicate 12:11 142 165 21:16 43:25 previously 42 69:23 59 148 prefer 9:12 31:24 33:24 34:16 134 prefers 10 prejudice 15:24 35 149 156 primarily 113 print 92 136 printed 6 prior 45:17 56:22 65 prejudicial 143 117 138 163 prepare 151 prepared 141 158 159 presence 95:19 91 present 6 24 36 93:24 privately 101 probably 74:16 79:13 121 4,21,23 134 135 144 155 800-726-7007 Veritext Legal Solutions 305-376-8800 probably - questions Page 208 173 problem 43:13 22,24 1,7 8,9 73:24 79:17 93:25 95:11 106 136 139 151 7,10 154 proceed 36:11 18,20 101 127 155 14,20 proceedings 1:13 5:23 7:14 15:12 36 74:12 79:23 83:13 95:18 96:19 97:14 101 134 141 155 166 176 process 6:22 10,16 73:14 135 164 processed 55 proctor 8 produced 107 product 26:18 12,21 56:11 88 93:21 109 product's 163 production 55 products 38:16 38:21 55 93:24 94 123 163 164 professionally 40 professor 2,3 85 107 proffer 21 81:20 126 proffered 78:17 profits 146 148 proof 52:17 20,21 proper 76 property 154 propose 99:24 propounded 162 protective 87 protocol 154 prove 51:24 proven 55:17 provide 22:17 47:20 7,20 76:12 105 106 135 provided 11:19 105 120 provides 17:20 18:11 16,20 providing 107 public 1:23 24 3,6,11 27 29:10 38 44:25 3,5 49 57:24 58 91:21 105 124 176 publication 34 17,20 123 publicly 44:13 publish 65:13 68:18 13,14 156 160 published 115 publishing 75:23 publix 9 pull 14:25 33:23 103 105 110 111 114 115 116 117 154 pulmonary 66:22 pure 75:13 109 113 purpose 30:14 60:19 96 push 161 put 21 30:13 33:18 11,23 42 47:24 48 6,7 80 100 4,20 161 q qualifying 67 quality 55 80:22 109 quantify 79 quantities 87:24 question 5:18 13 18 39:17 40:16 24,25 44:19 6,18 54:18 55 58:10 61:14 5,6,19 63:15 63:17 71 75:25 79 124 14,18 125 questions 29:25 30 38:18 48 51:17 54:22 59:15 2,24 76:20 81:10 89 94:12 106 107 800-726-7007 Veritext Legal Solutions 305-376-8800 questions - really 110 124 124 126 126 127 156 162 166 quick 78 149 158 quintana 2:22 4 6 7:11 10,11 10:14 20,24 11:14 12:21 3,10 13,15,22 4,11,18 15 5,10,19 16 16:20 10,19 19:18 15,16 19,25 24 24:19 25 27:18 30:23 2,8,12 32:22 9,11,15,19 36 39:11 40:18 11,19 41:24 43:15 5,15 3,20 47:11 49:19 50:15 52:24 54:14 56 57:11 8,22 2,22 61:22 64 6,18 69:22 71:20 72:15 3,7,10 800-726-7007 Page 209 16,18,23 166 167 59:13 63 2,5,22 76 170 172 66:15 71:11 2,9 3,9,22 | 1,6,9,17 78:25 15,20 | quit 91 2,6 81:24 quite 98:24 17,20 76 76:21 77:14 81 84:24 85 82:21 88:24 quote 56:24 6,21 4,21 89 14,22 quotes 47:25 24,24 87:15 6,9,12 93:15 1,8 88 90:21 17,18 2,4 r 109 116 7,12,15,17 96:15 10,21 97:25 98:19 99:11 11,14 17,19,24 101 102 102 103 104 105 105 106 106 108 108 110 8,10 112 112 113 114 115 1,22,23 117 118 21,23 12,19,22,24 2,5,8,10,17 1,4,5,17 125 126 127 128 131 7,11 17,20 145 165 r 4 5 4,13 156 & 49 105 | 105 8,13 raise 32:23 36:22 78:21 raised raised : : 44 66 140 143 raising 61:13 62:17 range 45:21 ranking 147 rate 38:11 61 61 6,10 rather 16:15 156 ray 85:11 rcobbs 3 reach 140 read 5,19 44:22 45 47:16 48:25 11,21 53:20 53:24 55 122 127 8,14,16 5,20 161 161 4,18 3,18,19 10,13 | reading 41:17 125 162 2,3,7 ready 5:24 7:16 8:18 10 32:11 36:11 79:25 18,20 100 100 101 101 127 133 135 137 6,24 149 155 5,6,13 167 real 2,13 139 149 realized 35:14 really 24:15 41:13 57 Veritext Legal Solutions 305-376-8800 really - remind Page 210 77:13 78 99 132 136 136 137 140 146 147 165 realtime 98:20 99:12 100 reason 22 40:22 113 129 161 reasonable 29 recall 40 41 49:11 13,15 129 recap 119 receive 12:14 17:17 49:24 70 105 167 received 2,4 5,7,9,11 22,25 13:16 19,23 1,5 8,12,15 15 7,23 16 17:23 19:25 28:12 49 50 54:22 70 74 74:24 7,13 95:14 96 103 104 105 107 112 116 119 167 800-726-7007 2,5,8,11,16 168 169 7,10,13,16 1,4,7,10,13 16,25 171 6,9,12,15 18,21,24 2,10,13,23 172 receiving 13:11 20 29:22 53 92:25 121 recent 48:22 recently 47 20,22 116 recess 5:22 7:13 15:11 19,22 12,13 100 20,22 15,21 record 7:18 2,2 29:12 33:17 34:23 51:21 80 81 84 92 97:16 99:24 124 142 168 173 176 recorded 118 records 12 4,6,12 123 recovered 109 recross 127 redact 153 153 redacted 149 149 153 redirect 4 124 126 127 redweld 31:25 32 refer 34 92:22 reference 109 117 149 157 160 referencing 159 referred 18:25 30:20 46:24 57 65 referring 21:12 57 59:18 86:13 114 refers 90:23 reflect 33:17 reflected 26:23 27 regard 133 regarding 42 80 103 106 111 111 118 126 133 Veritext Legal Solutions regardless 19:22 regroup 160 regularly 71 regulate 73:15 94:25 related 40 15,19 relating 39:10 62:18 relationship 52 relative 71:14 12,14 released 94 relevance 16 39:12 41:12 52:25 56 57:11 58 60 60:23 6,18 71:20 72:15 89 91:14 93:15 relevant 149 religious 175 rely 87 remain 128 remember 8:19 21 14,16 88:13 117 129 165 remind 83:17 166 305-376-8800 removal - right Page 211 removal 43:21 remove 44 representations | reserving 39 173 removed 45:17 | representative 153 5 residual 140 resolve 151 removing 45:10 | represented resolves 152 render 93:20 71:13 respect 54:25 renew 88:25 represents 69 56:14 64 rep 2,16 80:20 125 repeated rephrase 55:10 40:19 | request 21:13 114 152 respectful 148 replied 5,6 reply 59:16 161 10,24 | respond 9,10 164 143 112 15,19 4,14 responded report 16:16 requested 64:23 106 18 20:16 22 106 112 107 114 12,13 responsibility 163 responsible 163 rest 55 148 148 151 restroom 74 74:19 11,11 resulted 54 results 57 retained 71:17 retreat 129 return 111 revenue 147 23 29:22 62:21 84:25 requests 151 12,14 18,21 125 | revenues 126 147 147 86 1,3 124 135 161 162 167 responding 53:18 68 review 6:10 43 68:10 80 176 reported 166 reporter 6 17,22 141 require 49 reraising 62:18 reschedule 130 108 111 111 responds 111 64:16 116 117 135 143 163 164 reviewed 156 159 13,13 176 reporting 60:25 reports 63:10 66:21 118 research 50:19 59:14 2,24 71 105 14,19 108 110 response 47:12 5,25 9,21 65:16 66 80 80:16 6,14 17,25 135 reviewing 117 118 rfas 162 richman 2:18 represent 88:21 71:12 111 112 1,5,8 166 20,22 108 108 109 right 5:13 1,9 16,18 17,24 representation 52:11 56:15 reserve 20:15 17 117 118 163 164 15:15 16:18 19:13 10,11 76:22 77 81:22 reserved 35:24 28:21 responses 59:20 107 119 24 26 30:17 31 11,20 800-726-7007 Veritext Legal Solutions 305-376-8800 right - sandler's Page 212 5,7 7,22 7,8 38 42 42:12 3,6 57:21 61:21 15,24 63:22 64:23 7,8 66 72 73:22 74 76 78:11 1,25 81:25 82:14 83:14 5,23 85 11,21 89:20 90 94:13 10,16 96:16 97 6,16,18 100 8,12 20,23 10,21 104 23,24 105 106 107 21,22 108 108 109 8,22,23,25 110 2,15 16,18,20,21 111 4,24 2,6,10,14 113 114 17,20,24 3,7,11,17 115 8,12 116 1,10 2,8,12,16 22,25 800-726-7007 11,12,15,21 139 140 12,15 22,25 120 10,12,19 15,20 153 12,16 123 3,6,10,13 157 159 10,23 124 17,20 143 19,23 124 9,17 9,12 144 161 6,12 131 133 22,24 | 6,13,24 13,16,18,20 | rulings 8 22,25 145 | 29:25 124 7,13,19,22 135 15,17 140 141 145 2,13 142 22,23 142 144 146 1,17 1,2,11 146 149 20,24 148 157 149 4,18 7,15 149 run 25:18 14,22 152 149 8,12 124 125 16,25 16,25 151 125 153 154 21,25 152 rush 151 155 8,10 153 154 ryan 3 2,12 164 1,4,8,11 S 16,22 165 165 166 10,22 rightly 6 riley 14,18,22 risk 63 64:13 role 62:22 roll 135 rpr 1:22 176 176 rukaj 7 8,14 5:20 8,12,16 6:19 2,8 8:15 8:16 34:22 35 35:12 135 2,8,11,24 158 159 11,15,23 160 162 167 168 13,21,25 6,12,18,22 6,12,18,22 5,11,17,23 4,7,22 15,21,23 rule 12:10 17 138 139 143 ruled 28:22 138 146 ruling 6 24:11 s 19,23 2 8 5 37:14 safe 27 93:14 165 safety 54:25 68:10 71 116 117 sales 123 148 149 salespeople 143 sample 85:16 samples 7,9 15,22 sandler's 165 3,6,9,14,19 25:19 139 Veritext Legal Solutions 305-376-8800 sara - seen Page 213 sara 6 sat 31:22 saw 11:17 38:19 48:21 65 84 89:18 sawchuk 55:13 68:14 18,24 109 120 saying 18:12 25:21 5,16 30 44 47:19 48 53:17 59:12 63 64:10 80:11 84:20 88 99 114 129 134 161 says 12:18 45 45:19 48:25 50 2,3 60 63 68 76:18 81:10 84:25 5,6,19 87 9,13 96 105 108 109 115 144 145 152 scanned 6:17 scarborough 14,18,22 schedule 155 scheduling 11,20 160 800-726-7007 166 school 40 51:25 56:21 102 107 120 122 science 116 124 scientific 40 48 2,5,16 52 63 105 6,14 106 107 scientists 18:23 11,15 21 1,5 51 71 71 81 84:14 89:18 107 scope 24:11 39:11 41:11 43:15 5,16 3,20 52:25 58 2,22 61:23 7,19 25,25 88:25 15,23 93:16 scott 4,18 scott.richman 2:21 screen 23,23 34 6,8,9,13 73 84 105 113 scroll 113 se 60:10 sealed 32:25 seat 37 128 seated 7:15 15:13 7,19 74:14 79:24 83:14 96:20 97:15 101 128 155 166 second 19 43:18 45 51:19 55:15 65:22 70 85 87:11 108 121 124 138 144 145 152 secondly 95:13 seconds 68 167 section 88 12,22 sections 23:11 24:14 secure 35 see 11:23 12:11 16:10 26:22 2,22 34:11 41:16 9,14 42:25 48:15 49 4,12,23 51 52 53:15 55:18 13,17 Veritext Legal Solutions 12,18 65 66:10 69:24 70:19 73 74:21 78 84 84:11 2,11 13,21 88:20 11,23 90:10 19,21 96:17 96:21 97 99 104 105 108 110 112 113 4,18,20 117 128 135 137 138 144 151 159 162 166 166 167 11,24 seeing 1,1 seeking 92:20 seem 39:16 96:23 117 seemed 104 seems 25:18 49 124 125 126 133 seen 32:24 46 48:19 53:20 75 103 107 123 135 149 305-376-8800 seen - situation Page 214 160 selected 55 109 selikoff 44 4,5,6 semple 11:21 11,14 70:18 70:24 11,12 71:14 14,16 11,15,21 senate 17,23 22,22 3,7 21:13 27:24 28:20 11,12 30 39 90 92:10 93 96 124 senator 90:23 90:24 send 80:12 95:20 116 130 sends 117 sense 48 75:22 94 sent 28:18 59:16 68 104 105 110 16,17 124 sentence 43 43:18 45 47:15 49:10 60 4,11,12 800-726-7007 63:23 71:12 85:20 86 sentiment 139 separate 72:13 20:14 september 1:17 10,15 176 serpentine 23,25 serve 35 service 36:10 128 166 session 82:10 175 sessions 161 set 128 sets 140 several 43:22 57 102 118 119 seymore 85 share 31:14 52:21 53 57 shb.com 3 shelley 11,17 50:18 54:12 64:21 66 68:13 89:14 11,22 107 107 7,12 4,17 120 shook 3 short 74 shorter 133 shortly 109 111 show 22:20 13,15,20,22 48:10 50 53:11 59 65:22 68:22 72:23 77 81 88:17 91 117 139 142 143 157 158 showed 75 121 shower 163 6,6,13,13 22,25,25 7,8,11,11 shower's 163 showing 17 shown 3,16 12,21 56:11 5,6 73 109 144 12,14 shows 19 shuttled 137 side 21:11 30 89 90 122 134 137 139 Veritext Legal Solutions 140 sidebar 31:11 11,12 74 16,22 124 157 160 161 sided 12,13,14 sides 6:14 133 161 174 signature 63 176 signify 91 similar 162 simply 16:12 4,12 84:24 96 simulated 88 single 119 139 sir 13,19 11:24 12:13 16:11 19 18,20 23 31:23 32:13 36:22 82:17 127 136 155 156 164 173 sit 31:22 34:15 34:19 39:18 94 126 sitting 32:20 situation 131 154 305-376-8800 six - street Page 215 six 19,23 47 sixth 117 size 147 skipped 169 170 small 22:15 58:21 136 smith 50:23 5,10,19 68:13 111 7,18,21 113 114 115 117 118 120 sold 124 163 12,19 164 sole 76:13 solemnly 36:24 solved 152 somebody 49 49:16 7,16 58 154 soon 165 sophistication 119 sorry 5 26 26:15 34 35:25 46:11 48:12 62 68:21 70:10 82 106 110 144 800-726-7007 146 150 159 163 173 sort 15:25 101 131 sought 163 164 sound 115 sounds 175 source 120 122 sources 122 south 2:10 southeast 1:16 space 154 speak 148 speaking 19:15 41 72 127 174 special 140 specialist 106 specific 76:14 99:23 100 148 157 specifically 38:19 51:14 55 63:21 84:19 109 138 149 150 speculation 54:14 56 91:16 speed 83:22 spell 37:11 spend 51:19 spoke 67:11 squeeze 161 stamp 11:18 167 stand 18,21 83:17 101 164 standing 26 stands 105 108 start 5:97:25 5:97:25 59:12 130 134 15,19 150 152 153 started 57:20 134 starts 53:17 98:11 state 1:23 28 29:15 46:12 1,3,7 123 137 156 176 statement 107 states 17:22 21:13 11,12 39 44 113 8,19,25 164 Veritext Legal Solutions stay 68 125 stenographic 176 stenographica 176 step 74:16 128 stephenson 16,22,24 2,25 135 8,15,23 136 9,16 137 140 13,22 141 5,21 143 18,20,23 1,11 145 145 146 18,22 149 149 151 19,24 14,22,25 4,18 157 158 160 steven 55:13 108 120 stipulate 149 stop 26:17 27:20 91 134 152 stopping 150 stream 71:17 street 1:16 2:10 2:19 305-376-8800 strenuous - talc Page 216 strenuous 23:25 strict 143 strike 41:25 | substances substantial 137 38 44:16 47:11 58:22 61:22 substantive 17:11 79:17 100 120 121 123 3,16 125 130 133 134 118 substitute 27 135 142 struggling 22:12 22 | success 148 sufficient 24:16 149 150 160 167 student 40 57:19 103 sufficiently 64:14 studies 118 2,5,8 | suggest 20:11 91:11 124 23,24 123 152 173 survey sustain 114 60 64 91:17 126 147 study 15,20 | suggested 61 64:11 66 160 147 sustained 5:19 66:13 114 123 studying 40:23 52 57:16 stuff 125 suggesting 27 suggestion 114 160 147 swear 36:24 switch 88:10 suite 6,10,16 2:19 2 | sword sworn 136 37 143 sub 87:23 subcommittee 90:25 subject 25:24 54:23 61 153 157 summary 5,6 supermarkets 1:10 supplement 80:16 supplying 115 subjects 40 158 support 107 107 113 submitted 116 92 | supposed 165 subpoena substance 35 | sure 9:22 23:14 58:21 32:19 62:16 74:22 77:25 | 156 t t 4 37:14 tab 103 104 105 108 110 111 112 115 116 117 table 34:12 taints 99:20 take 6:12 6 15 20:22 55:22 73:21 800-726-7007 Veritext Legal Solutions 7,9,10,19 79:10 105 107 137 140 8,14 151 167 taken 1:22 5:22 7:13 15:11 79:22 93 97:13 141 takes 55 talc 2,4 24:14 17,25 2,20 6,10 41:23 44:14 11,17 46:11 51:13 54:25 7,9,9 56:17 56:17 58 6,13 15,17,23 60:10 1,6,10 11,14 62:18 20,22,23 8,19,21 64 64:11 8,23 68 8,15 5,14 76:16 77 18,21 84:20 7,8 94 21,24 7,11,14 14,23 111 2,6,18,21 112 113 9,13,18 305-376-8800 talc - thing Page 217 114 115 tape 8 158 116 117 target 133 testifies 13 22,25 123 | targeted 148 | testify 18:21 13,16,18,20 | taylor 8 24:10 1,14 2,5,18 teaching 52 23,24 39 8,10 tech 9 34 talcs 44:24 62 | telephone 69 talcum 15,20 | 10,11 43:21 44 45 tell 22:24 37:11 41 83 92:16 16,24 testifying 11:20 14,16 158 45:20 46 91 38 18,22 testimony 3 104 41 46 57 12:15 7,21 talk 38:14 40:13 63 5,6 1,12,13 46:13 69 12,18 72 27:24 28:21 88:16 2,14 10,12,18,20 2,12 31 102 130 7,10 86:18 36:24 52:25 132 155 93 94 96:25 9,13,22 76 157 158 110 111 77:21 79 159 160 25,25 116 144 175 82:24 13,16 94 95:25 96 talked 25:14 81:14 151 telling 115 tells 107 109 98:22 14,15 99:21 132 talking 6,18 21:17 23:16 4,12 114 term 61:13 133 142 147 150 45:25 54:12 4,144,14 69 92 93:10 96:23 104 122 147 66:24 67 132 136 terms 4,9 7,8 62 140 156 158 173 testing 57 71:18 77 tests 62:25 148 159 testified 19:24 texas 129 talks 28 80:21 21:12 22:16 text 134 114 28 37 83 thank 6 8,10 tall 34:13 88:12 1,2 11,12,15 8 tammy 4,6 91:10 102 108 120 8:17 15,17 30:10 31:18 33:19 35:13 9,16 37:15 37:17 70:12 4,5,20 78:24 78:25 79:17 81:24 11,20 92:18 11,21 16,17 96:12 5,6,11,15 6,23 102 106 115 1,6,9 124 124 126 127 128 21,24 141 18,19,21 20,25 152 8,22 156 162 162 164 16,23 165 166 16,20 168 169 2,11,12 174 9,16 175 thanking 112 thanks 79:21 5,23 117 thesis 40:10 thing 18,24 26:21 28:10 32:23 34:22 800-726-7007 Veritext Legal Solutions 305-376-8800 thing- tisi Page 218 48:23 2,17 70:17 98:19 127 131 133 7,15 140 154 157 160 things 16:14 26 13,16 27:18 27:19 29 31:24 32 38:14 43:22 72 73:20 75:10 83 95 97:22 136 148 think 9,25 8:22 22 24:10 24:24 25:21 2,7,19 33:22 42:12 44:20 45 2,9,10 10,24 71:24 19,24,25 76 81 3,9 11,15 83 84:17 88:11 94:24 101 108 110 117 121 14,16 132 132 133 3,4,5,17,20 1,8,16 136 1,13 800-726-7007 11,13,16 6,19 141 20,22 147 13,22 148 148 152 2,23 160 161 162 165 169 169 170 172 174 175 thinks 24:19 71:14 third 17:14 109 115 thomas 7 8:15 50:11 106 thought 81 114 126 128 147 157 162 173 174 thousands 77 three 15:17 38:20 105 142 threshold 56 thursday 1:17 101 130 131 132 132 165 12,12 tight 150 tiles 123 till 97:12 time 11:19 12 18:25 24:21 7,20 6,25 28:25 9,17 16,22 2,3 35 36:17 21,25 4,8 2,4 2,8 2,9 2,4 46:14 48:21 49:15 14,20 51:22 6,17 18,25 58 58:17 1,21 62:14 63:20 64:14 66:16 67:12 69:18 70:23 5,13 71:19 72 75 75 76:10 82:22 3,18 84:13 87:17 88:13 89:16 93 94:12 22,22 96:15 7,8 102 17,21 103 106 107 111 112 113 3,19,21 118 6,17 Veritext Legal Solutions 10,25 122 124 2,23 128 129 131 134 2,8 11,23 151 151 157 1,13,16 165 timeframe 19:16 4,16 timely 120 120 125 126 times 11,12 61 129 10,21 timestamp 127 timing 44:12 tip 99:18 tisi 9 4,5 6,10,14,17 18:21 8,14 19:19 20:25 7,21,24 22 11,14,22,25 9,11,18,20 23:23 3,9,23 13,17,20,22 1,6 10,12 27:16 1,19 10,17 31:24 2,6,18 33:21 305-376-8800 tisi - true Page 219 2,7,14 37:16 17,19 39:15 20,23 125 | tomorrow 35 10,12,20 35 20,20 20,21 41:13 2,14,15 5,10,14,17 4,6,14,23 | tone took 49 33:18 43:17 44:18 3,7,11 118 46 2,14,23 49:23 14,16 53 54:17 56 57:15 58:14 17,18 11,13,17 4,8,13,15 158 159 top 23 topic 156 topics 38:20 42:22 80:25 59 7,8 13,18,22 88:10 156 61:12 62 64 174 175 159 5,6 10,23 | tisi's 75 68:21 2,3,20 | title 65:21 89:21 69:25 10,12 10,11 70:16 1,19 toby's 135 1,5,24 74 today 24,25 75:18 76:13 4,5 4,8,14 total 85:22 113 totality 54 totally 55:23 town 82 101 165 77 8,16,18,23 33:16 39:18 toxic 38 6,10,12,19 53:22 77:11 trace 26:17 78:24 3,8,17 96 133 20,21 87:23 1,10 1,12 20,21 13,19 16,23 82 156 164 track 32 18,20,23 166 174 135 87:21 88 89 89 15,17 together 114 told 51:21 52:17 traditionally 150 91:18 8,10 58 59:25 75 trained 45:14 18,21 2,4 93:22 94:11 15,18 7,7 7,11,11 training 147 143 95:11 12,25 86:14 101 transcribed 8,19 5,9 110 118 156 3,6,17 100 100 1,22 128 136 16,19 transcript 1:13 11:15 16:24 106 120 155 159 17:22 19:19 121 122 3,8,12 23:17 800-726-7007 Veritext Legal Solutions 81:10 117 143 176 transcripts 136 transit 109 transmission 85:12 transparent 126 travel 129 tremolite 45:21 45:25 46 6,14 46:16 1,4,4,4 5,9 13,14 61:19 23,24 1,2,3,16,17 13,21 85:16 85:22 87:24 tremolitic 61:11 trial 13,20 7:21 22 35 37:23 77 95:22 156 162 175 tried 131 tries 132 trip 101 128 165 true 40:17 67 72 89:19 90 93:10 105 106 107 114 3,19 120 136 305-376-8800 true - uustal Page 220 164 176 truth 16:15 25,25 37 try 6:25 83:20 83:22 129 133 137 141 145 146 trying 21:15 54:19 73:15 94:25 148 tuesday 165 tunney 90:24 turn 36:13 101 122 155 twice 99:20 two 5:15 9:12 13,14 26:14 6,18,19 61:19 83:24 7,22 90:19 97:21 22,25 116 126 21,25 137 138 140 141 142 146 151 151 type 3,17 56:17 87 105 150 162 800-726-7007 types 61:19 123 tyrell 104 u u.s. 96 uh 18:20 95 130 under 55:11 83:17 85:19 101 109 101 109 162 undergo 164 163 underline 19 understand 22 31 34:21 13,23 50:17 52:10 53:24 55:25 56:15 5,13 70:25 92:14 93 99:10 100 125 136 137 143 148 149 19,24 158 159 understandably 153 understanding 31 51 54 56:23 57 67 71 108 138 158 159 understands 38 56:10 used 15:21 18 34 46:14 understood 8 47:24 52 67 31:12 33:19 67 73 94 41 62:14 109 123 66:12 71 140 91:12 100 useful 17 2,21 135 140 143 153 | usefulness 87 | using 13 45:24 49 78:18 91 unduly 143 unfortunately 174 united 17:22 139 usually 39:17 154 uustal 3,5 8 21:13 11,12 39 44 163 1,19,22,25 18,23 4,13 19,25 164 16,19,22 12,24,25 university 42:23 52 85:10 103 107 update 35:11 94:19 use 17:16 19:20 1,6,13,16,19 1,20 2,9 16,25 15:16 3,9,11,18 1,8,15,25 18 9,11 2,5 22:19 26:17 27:20 33 34 36 44:25 45 51:13 67:17 18,20,22 13,17,20,23 13,16 33 10,12,17 35:25 36:16 8,19 79:11 79:11 93 17,20 98:10 15,17 101 113 132 18,21 128 151 154 128 8,12 Veritext Legal Solutions 305-376-8800 uustal - widespread Page 221 131 3,17 132 134 136 141 1,12,20 8,11,14 154 155 155 156 12,16 160 160 161 20,22 10,13,21,23 23,25 167 10,15,19,25 6,12,20,22 5,11,17,20 5,11,17 4,10,16,22 3,6,9,14,19 4,7,11 174 175 V ...9 90:24 vacation 111 value 7,14 vanessa 1:22 16,20 176 176 variety 46 various 123 verify 173 versus 4,4,5 video 127 133 134 800-726-7007 13,16 136 142 15,18,22,22 4,6,23 12,14,20 147 148 20,21 150 21,24 152 153 156 23,24 160 160 161 videos 144 151 154 videotaped 156 view 34:12 45 115 violation 60 vs 7 W wait 7,8 15 151 167 wales 52 107 walk 32:20 151 walter 84 want 6:13 9:16 6,7 22:20 29 30 31:10 18,19 34:15 34:23 36 41 43:23 51:19 14,25 76 9,14 82:14 95:13 98 99 100 102 11,13,25 watched 142 | way 6:23 30 30:22 36:20 102 123 124 125 3,4 15,16 95 96:10 125 6,20 | 127 4,10 128 133 99:21 123 136 137 157 135 137 | we've 15:16 137 138 88:17 138 142 3,15 153 150 151 wednesday 12,19,22,23 128 130 153 7,16 165 175 158 160 week 107 160 161 111 128 164 167 140 152 wanted 27:25 153 174 45 82:15 175 125 128 weekend 175 130 weeks 116 wanting 83:21 wants 80:10 weigh 156 162 5,23 149 152 161 welcome 36 83:15 101 wash 109 155 washings 55:10 washington 18:22 20 went 20 45 47:18 126 whoever's 157 24:18 wholesale 150 watch 142 whs 89:10 25,25 24,25 widespread 44:25 89:22 Veritext Legal Solutions 305-376-8800 wife - yeah Page 222 wife 131 william 156 wondering 18:13 107 109 110 111 16,20 119 124 willing 16:12 word 45:24 115 116 126 134 14,16 47:24 117 119 X windsor 80:18 wish 43:22 withdraw 121 167 48 6,7 17,17 125 | writes 115 | words 56:11 116 withdrawn 35 witness 2,8,9 24:22 5,21 | 69 139 | work 9:16 40:23 51:24 18,20 writing 40 | 46:24 50:14 54 115 7,8 36 2,15 17,18 101 | 120 121 2,5,13 39:14 107 122 written 14:19 5,17,20 123 126 19:12 20:13 42:12 44 46 128 129 28:12 50:10 x 1,8 30 85:11 y y 30 yank 154 yeah 19,21 2 9:11 6,9,9 2,2 18:14 20:22 22:14 46:23 47:19 140 150 68 80:24 92 23:20 25:17 49:22 1,3 54:16 56 155 166 worked 38 106 108 108 117 32 40:20 51:18 64 57:14 12,25 60:25 9,21 22,24 71:23 72:18 17,20 9,15 2,9 1,16 87:23 90 91:25 70:18 71 | worker 38 | workers 63:18 64:13 114 | working 12 19,24 66:22 121 135 93:19 6,9 97 3,5,22 114 121 124 125 140 | works 34:21 150 155 world 22:17 11,20,22 158 165 171 175 witnesses 34:24 113 worth 161 | wrapping 134 136 write 22 50:13 123 162 wrote 5:13 11:16 40:11 3,16,20 43 | 44:19 6,8 46:13 53:25 54 5,13,19 64:22 65:17 80:14 94 14,17 103 | 12,16,20 106 108 12,21 110 111 112 11,15 | 113 114 65:23 23,24 90:16 93 11,12 98:10 98:15 100 106 9,23 127 128 10,11 130 7,13 131 11,24 134 134 135 1,5,17 9,11 138 139 140 143 144 2,15 147 147 6,19 51 55:14 99 115 116 149 9,16 800-726-7007 Veritext Legal Solutions 305-376-8800 yeah - zone 8,21,24 6,13,25 1,25 155 155 157 158 161 167 172 175 year 66:18 115 years 18 25 39:23 48:22 91 111 120 136 yesterday 34 36:12 137 147 york 11,12 46:12 1,3,7 62 85:10 10,11,23 younger 136 Z z 30 zero 52:12 zone 77:20 Page 223 800-726-7007 Veritext Legal Solutions 305-376-8800