Document ev8230NJgqOKg8GeoBqyEB5YM

1 IN THE CIRCUIT COURT FOR CALHOUN COUNTY STATE OF ALABAMA 2 3 SABRINA ABERNATHY, etal., ) 4) Plaintiffs, ) 5 ) CIVIL ACTION NO. VS. )CV-96-269 6 ) (Consolidated) MONSANTO COMPANY, etal. , ) 7) Defendants. ) 9 10 11 DEPOSITION OF TOM BISTLINE 12 Taken on behalf of the Plaintiffs 13 July 18, 2001 14 15 16 17 18 KRIEGSHAUSER REPORTING & VIDEO 19 REGISTERED PROFESSIONAL REPORTER 319 NORTH 4TH STREET, SUITE 322 20 ST. LOUIS, MISSOURI 63102 (314) 621-4408 FAX (314) 21 621-4533 22 1 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12923 IN THE CIRCUIT COURT FOR CALHOUN COUNTY STATE OF ALABAMA SABRINA ABERNATHY, etal., Plaintiffs, VS. MONSANTO COMPANY, etal. , Defendants. ) ) ) ) CIVIL ACTION NO. )CV-96-269 ) (Consolidated) ) ) ) Deposition of TOM BISTLINE, produced, sworn, and examined on behalf of the Plaintiffs on July 18, 2001, 10:00 a.m., at the offices of Kriegshauser Reporting & Video, 319 North 4th Street, Suite 322, St. Louis, MO 63102, before Sheila L. Ford, a Registered Professional Reporter and Notary Public within and for the State of Missouri. 2 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12924 1 APPEARANCES 2 3 The Plaintiffs were represented by Mr. Donald W. Stewart and Mr. Charles L. 4 Cunningham, Jr., of the law firm of Donald W. Stewart, P.C., 1131 Leighton Avenue, Anniston, 5 AL 36207. 6 The Defendants were represented by 7 Mr. Adam Peck of the law firm of Lightfoot, Franklin & White, L.L.C., The Clark Building, 8 400 North 20th Street North, Birmingham, AL 35203, and Mr. Michael E. Kelly of the law 9 firm of Smith, Helms, Mulliss & Moore, L.L.P. 300 North Greene Street, Suite 1400, 10 Greensboro, NC 27401, Post Office Box 21927, Greensboro, NC 27420. 11 12 13 14 INDEX OF EXAMINATION 15 16 EXAMINATION PAGE 17 Direct-Examination by Mr. Stewart ................. 5 18 19 INDEX OF EXHIBITS 20 PLAINTIFF'S PAGE One, Notice of Deposition 30 Two, Letter to Stewart from Kelly 30 3 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12925 1 STIPULATIONS 2 3 IT IS STIPULATED AND AGREED by the 4 parties, through their respective counsel, 5 that the deposition of TOM BISTLINE may be 6 taken before Sheila L. Ford, CSR, RPR, as 7 Commissioner and Notary Public, Missouri at 8 Large, at St. Louis, Missouri, on July 18, 9 2001, at 10:00 a.m. 10 11 IT IS STIPULATED AND AGREED that it 12 shall not be necessary for any objections to 13 be made by counsel to any questions except as 14 to form or leading questions and that counsel 15 may make objections and assign grounds at the 16 time of trial or at the time said deposition 17 is offered in evidence or prior thereto. 18 19 IT IS STIPULATED AND AGREED that notice 20 of filing by the Commissioner is waived. 21 22 4 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12926 1 STATE OF MISSOURI, CITY OF ST. LOUIS, 2 3 TOM BISTLINE, 4 of lawful age, produced, sworn, and examined 5 on behalf of the Plaintiffs, deposes and says: 6 7 DIRECT-EXAMINATION 8 QUESTIONS BY MR. STEWART: 9 Q. You are Tom Bistline? 10 A. Bistline. 11 Q. I'm sorry. I always make that mistake. 12 MR. PECK: I think he would like 13 to read and sign. 14 MR. STEWART: That's fine. 15 MR. PECK: And are we operating 16 under the usual stipulations? 17 MR. STEWART: Yeah. We, of 18 course, would be using this 19 for the trial, but we're 20 operating under the usual 21 stipulations, and for 22 hearing. 23 Q. (By Mr. Stewart) You are what position 5 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12927 1 with Monsanto? 2 A. I'm with Solutia, and my title is 3 assistant general counsel, litigation. 4 Q. Am I to understand that you were 5 previously with Monsanto in the same 6 position? 7 That's correct. 8 Q. You were general counsel for Monsanto? 9 A. Assistant general counsel. 10 Q. Assistant? 11 A. Assistant general counsel, litigation, 12 for Monsanto. 13 Q. And that's the position you hold with 14 Solutia? 15 A. That's correct. 16 Q. Now, in connection with this deposition 17 today, we sent a deposition notice out 18 to you. And are you appearing here 19 today in connection with documents, or 20 your knowledge of documents that are 21 Monsanto's or Solutia's? I'm trying to 22 figure out - 23 A. Right. Well, I'm here pursuant to the 6 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12928 1 deposition - 2 Q. I know what hat you're wearing; I'm 3 trying to find out whose documents these 4 are. 5 Right. The documents now belong to 6 Solutia, because under the terms of our 7 separation from Monsanto, we agreed to undertake responsibility for the PCB 9 litigation. 10 Q. When you say the "documents," tell me 11 exactly what documents you're referring 12 to that are now Solutia's? 13 Documents relating to our former 14 business of manufacturing and selling 15 PCBs, as well as documents relating to 16 the plants which went with Solutia when 17 we spun off from Monsanto, one of which 18 is the Anniston plant and another is the 19 Krummrich plant. 20 Q. You understand that we're here today, 21 Mr. Bistline, about the documents that 22 are in a repository at North Carolina? 23 Correct. 7 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12929 1 Q. And are those documents that you just 2 described for me that were transferred 3 from Monsanto to Solutia the documents 4 that we have asked for to look at in the 5 repository? 6 A. That's the litigation archive in North 7 Carolina. Yes. Those are some of the 8 documents, yes. 9 Q. Maybe I didn't phrase my question well. 10 But you just referred to some documents 11 that were transferred from Monsanto to 12 Solutia at the time Solutia was spun 13 off? 14 A. That's correct. 15 Q. You listed a series of documents, and 16 those documents were the documents that 17 were related to the plants, the 18 documents that were related to your 19 former business of production and sales 20 of PCBs? 21 A. That's correct. 22 Q. And is that one inthe same asthose 23 documents that are now located or housed 8 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12930 1 in North Carolina? 2 The documents that are in North Carolina 3 are part of the documents that I 4 referred to earlier. 5 Q. Okay. What part? 6 A. Well, those documents in North Carolina 7 are what we call the PCB litigation archive. And it is a collection of 9 documents that was selected by counsel, 10 by my predecessor, Joseph Nassif, and 11 David Moore of the Smith Helms firm, 12 Mike's firm. 13 Q. Back in '81? 14 A. Back in '81. When they were organizing 15 the larger group of documents relating 16 to PCBs, trying to identify those 17 documents which were in their view, in 18 their opinion as lawyers, going to be 19 those which would be most relevant to 20 and needed for defense of PCB 21 litigation. 22 Q. I'm going to ask you some more questions 23 about those. But what's left? 9 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12931 1 A. Well, the documents that were in their 2 judgment not going to be as relevant to 3 litigation as the documents that were 4 selected to be placed in the archive. 5 Q. Like what? 6 A. Well, Donald, they exercised their 7 lawyers' judgment about what documents to put in there, and I think that 9 exercise is privileged. 10 Q. I'm not asking you what is in the 11 repository at North Carolina, 12 Mr. Bistline. I'm asking you what is 13 left? 14 And I can't describe them other than to 15 say it's the ones that weren't selected 16 for the archive. 17 Q. How many pages would that be? 18 A. Probably in the 100- to 150,000 page 19 range. But that's just a ball park 20 guess. 21 So what is left with Solutia now, used 22 to be left with Monsanto, is 100- to 23 150,000 pages? 10 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12932 1 A. That's -- 2 MR. PECK: Of PCB documents? 3 A. Of PCB documents, yes. 4 Q. (By Mr. Stewart) What would be the 5 document number that were related to the 6 plant? Let's just say the Anniston 7 plant? A. I didn't follow your question. Restate 9 it, please. 10 Q. How many more documents, pages of 11 documents, Mr. Bistline, in your opinion 12 would be left with Solutia, outside of 13 the repository with Monsanto and now 14 with Solutia, how many pages of 15 documents would that be? 16 A. Relating to the Anniston plant? 17 Q. Yeah. 18 A. I don't have an estimate on that, 19 Mr. Stewart. 20 Q. Would it be more than 150,000 pages? 21 A. All documents relating to the Anniston 22 plant without regard to subject matter 23 or -- 11 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12933 1 Q. Right. 2 A. I would say probably more than 150,000 3 pages. 4 Q. If someone -- Have we got an idea if it 5 was more than 250,000 pages? 6 A. I don't have any idea how many pages of 7 documents the plant might have in its, you know, in the collective archive 9 that's with it. 10 Q. Since those documents are not in the 11 repository, how are they categorized? 12 Those related -- that 100- to 150,000 13 that are related to PCBs that these 14 lawyers chose not to put somewhere else? 15 I don't know in general what kind of 16 categories they're organized in as I sit 17 here. 18 Q. Who does? 19 A. I could find out, but I don't know as I 20 sit here. 21 Q. What form are they? 22 A. They're in hard copy. 23 Q. They are not on microfiche? 12 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12934 1 A. No, sir. 2 Q. So if someone wanted to look at those 3 documents, you all, as you sit here 4 today, you're not claiming that those 5 documents are privileged? 6 MR. PECK: Let me object to the 7 form of the question. 8 MR. STEWART: That's all you can 9 do. I would ask -10 MR. PECK: It's a privilege issue. 11 MR. STEWART: And I would ask, 12 Adam, for you to do that. 13 MR. PECK: No. Because it's a 14 privilege issue. I can do 15 more than that. And it's our 16 objection to the privilege. 17 MR. STEWART: It's a privilege for 18 him to say that -- to answer 19 a very simple question as to 20 whether or not some of those 21 documents are privileged or 22 not? He's a lawyer. 23 MR. PECK: He is a lawyer. But 13 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12935 1 you asked him whether or not 2 he's claiming those are 3 privileged. We're the ones, 4 his lawyers, are asserting, 5 and he's part of a legal 6 team, but his lawyers in this 7 litigation are us, and we are 8 asserting a privilege for 9 certain documents, and I 10 wanted to define what that 11 is . 12 MR. STEWART: You're not entitled 13 to define that, Adam. 14 MR. PECK: Sure, I am. 15 MR. STEWART: I'm asking the 16 witness questions. You have 17 put him up. I'm asking him 18 about these things. You 19 don't have a right to make a 20 speaking objection. 21 MR. PECK: I'm not making a 22 speaking objection. I have 23 just got to clarify the 14 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12936 1 nature of the privilege that 2 we're asserting. If you 3 don't want me to do that, I 4 won't. 5 Q. (By Mr. Stewart) The privilege, as I 6 understand it, you're asserting, has to 7 do with the repository of documents, Mr. Bistline, in North Carolina? 9 MR. PECK: It has to do with 10 access - 11 MR. STEWART: I'm not asking you, 12 Adam; I'm asking this man 13 right here. 14 MR. PECK: You didn't ask a 15 question; you stated 16 something. 17 MR. STEWART: I'm asking him a 18 question. 19 MR. PECK: That was not a 20 question; that was a 21 statement. 22 MR. STEWART: Adam, I don't want 23 to sit here all day long 15 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12937 1 while you try to figure out 2 what I'm trying to do. 3 MR. PECK: I'm not going to sit 4 here -- And I'm not going to 5 sit here and let you invade a 6 privilege or distort a 7 privilege. MR. STEWART: I'm not asking him 9 about a privileged document; 10 I'm just asking him what he's 11 asserting the privilege for. 12 It's a real simple question. 13 Q. (By Mr. Stewart) Mr. Bistline, do you 14 even know? 15 MR. KELLY: Bistline. 16 MR. STEWART: Bistline. Pardon. 17 I'11 try to get it right 18 before the day's over. 19 A. What is the question? Because I have 20 heard several. 21 Q. (By Mr. Stewart) I know. That's the 22 purpose of this, I guess, is to try to 23 sort of alert you to some things. 16 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12938 1 That's what a speaking objection does. 2 But I'm asking you, 3 Mr. Bistline -- 4 A. Bistline. 5 Q. Pardon me. I'll try to get it right. 6 What are you asserting the privilege 7 for, documents, in these documents in Monsanto? 9 It's two-fold, really. There are 10 privileged documents within the four 11 corners of privileged documents. 12 Q. Because they are communications between 13 lawyers and people like that - 14 A. That's correct. 15 Q. -- in preparation for litigation? Those 16 documents - 17 A. That's correct. 18 Q. And that's the kind of privilege you're 19 talking about? 20 A. That is one set of privilege, one area 21 of privilege, which is asserted on a 22 document-by-document basis. 23 The other more general claim of 17 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12939 1 privilege we have with respect to the 2 North Carolina litigation archive is 3 that it, as an archive, is a privileged 4 -- the concept of the archive is 5 privileged, how it's organized is 6 privileged. 7 Q. We'll get into that in a minute. 8 A. Those sorts of things are privileged. 9 Q. I want to stay, if we can, on this part. 10 A. Right. One more thing to clarify that, 11 if I might. We are not saying that the 12 documents in the North Carolina archive 13 are privileged simply because they're 14 in the possession of the Smith Helms law 15 firm or they are in the custody of the 16 law department. That is not being 17 asserted. 18 I assume it's because of the 19 organization of those documents by 20 lawyers; is that correct? 21 A. That's correct. 22 Q. But back to these other documents. 23 There are documents there that are not 18 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12940 1 communications between lawyers and 2 clients, that don't fit that kind of - 3 A. In North Carolina? 4 Q. No. I'm talking about the Monsanto 5 documents. I'm staying on Monsanto. 6 A. I'm trying to figure out which documents 7 we're talking about; that's all. 8 Q. The ones that are not in North Carolina. 9 A. Okay. 10 Q. I want to stay on those, if we can? 11 A. Fair enough. 12 Q. And you don't know the categories, but 13 you have got somebody who can give us 14 those categories? 15 A. I can find out what those categories 16 are; I probably knew it at one time and 17 I just don't have it in my head. 18 Q. Did you work with those documents at one 19 time? 20 A. I have seen them. I have worked with 21 some of them, yes. 22 Q. Would they be documents like 23 communications, letters about a 19 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12941 1 particular topic, perhaps, be segregated 2 off in one file? 3 They would not be segregated off, no. 4 They would be part of -- There are memos 5 on some topics. 6 Q. It would be related to the topic? 7 A. Right. 8 Q. And those documents were generated when? 9 When did y'all start sort of gathering 10 PCB documents, maintaining PCB 11 documents ? 12 MR. PECK: Are you talking about 13 the archive again? 14 MR. STEWART: No, I'm not. I'm 15 talking about the documents 16 that -- So that we're clear, 17 I'm talking about the 18 documents that were not 19 selected. I'm trying to 20 focus on those, if we can. 21 I'm sorry. 22 A. There is a broad range of dates in those 23 documents. 20 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12942 1 Q. (By Mr. Stewart) I'm not asking that, 2 sir. I'm asking you, if you would, to 3 tell me when you started gathering 4 these? Were they documents that were 5 maintained or gathered in the normal 6 course of business? 7 A. These are business documents that were collected over the course of time, 9 beginning in 1970 to 1971. 10 Q. So in 1970 to 1971 someone -- and that's 11 before the '81 selection process began? 12 A. That's correct. 13 Q. Someone began to gather PCB documents? 14 A. That's correct. 15 Q. Now, did those documents, did they 16 relate to production processes, perhaps, 17 some of them? 18 Those documents relating to the 19 production of PCBs were part of the 20 collection of documents which began in 21 the 1971 time frame. 22 Q. I'm just asking you to give me some 23 general information. 21 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12943 1 A. Right. But those documents may not be 2 the ones that are in this archive in St. 3 Louis. 4 I'm not asking you to segregate those 5 now. I'm going to ask you about that 6 later. To make you feel comfortable 7 about it, I'll do it that way. 8A Fair enough. 9Q Let's just stay with this gathering of 10 documents in the 1970-'71 period. Okay? 11 A Okay. 12 Q Would they deal with waste disposal? 13 A At that time frame probably not. 14 Q When did that happen? When were they 15 added? 16 A The collection of documents grew from 17 the original gathering in response to 18 some litigation that occurred in the 19 '70-'71 time frame. 20 Q What was that? 21 A It was the Holly Farms case, I think was 22 the first. 23 Q Where was that filed? 22 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12944 1 A. North Carolina. 2 Q. And what part of North Carolina? 3 A. I don't recall the specific court. 4 Q. State court, federal court? 5 A. I believe it was federal court, but I'm 6 not positive. 7 Q. Do you remember the town? 8 A. No, sir, I don't. I wasn't even with 9 Monsanto at that time. 10 Q. When exactly, by the way, did you go 11 with them? 12 A. I started with Monsanto on February 1st, 13 1982 . 14 Q. And did you go into the law department? 15 A. Yes . 16 Q. Were you assistant general counsel? 17 A. At that time I was -- my title was 18 litigation attorney. 19 Q. Did you work under Nassif? Is that how 20 you pronounce -- 21 A. Nassif, N-A-S-S-I-F. 22 Q. Did you work under him? 23 A. Mr. Nassif was a colleague; he wasn' t my 23 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12945 1 superior. 2 Q. Did you work with him, though, in 3 connection with those documents? 4 A. I didn't have responsibility for PCB 5 litigation until January of '85. 6 Q. After that did you work with him? 7 A. Briefly, yeah. He moved on shortly 8 after that to private practice. 9 Q. Now, you were telling me that the waste 10 disposal documents were added later? 11 A. Correct. 12 Q. Was that at the time of the Holly Farms 13 case? 14 A. I don't know precisely when those 15 documents would have been added to the 16 collection, but it was between the 17 initial gathering, the '70-'71 time 18 frame. 19 Q. To '85 ? 20 A. Up to about 1980 or '81. 21 Q. Oh. '80 or '81? 22 A. That's really when -- That time frame 23 was when Monsanto, because we got out of 24 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12946 1 the PCB business, stopped generating 2 documents that would relate to the 3 manufacture and sale of PCBs. 4 Q. Okay. Now, were there documents in that 5 group that were originally gathered that 6 came from Krummrich? 7 Yes . 8 Q. The Sauget plant? 9 A. That's correct. 10 Q. Were there documents that came from 11 Japan? 12 A. I don't recall. I don't believe we ever 13 made PCBs over in Japan. There may have 14 been documents that related to Japan in 15 the archive. 16 Q. There were perhaps documents? 17 A. Perhaps. 18 Q. What would they have been related to? 19 A. I know there are documents in the 20 archive related to Yusho incident which 21 occurred in Japan. 22 What kind of documents are those? Just 23 information that you got about it? 25 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12947 1 A. Mostly, yes. That's correct. 2 Q. What else? 3 A. Relating to Japan? 4 Q. Right. 5 A. That's all I know of. 6 Q. Was there any correspondence between 7 various -- internal correspondence, I'm talking about, about that incident? 9 A. Yes. There are memos about Yusho in 10 those. 11 Q. Where are those? 12 A. Those documents would be in the 13 litigation archive in North Carolina. 14 Q. Would those have been generated at the 15 time that incident came to light, and 16 there were some people in the company 17 commenting about it? 18 A. Those would be -- Documents like that 19 would be in that collection, yes. 20 Q. Well, I would assume that if documents 21 or correspondence -- Strike that. 22 I guess -- Let's get to this 23 privilege you're asserting about those 26 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12948 1 documents. Are you telling me this 2 morning -- let's just take those 3 documents as an example -- that those 4 documents, internal correspondence 5 between various people in Monsanto - 6 I'm talking about people that are 7 non-lawyers. A. That's correct. I understand that. 9 Q. And that's how you would categorize 10 those too? Non-lawyer type 11 correspondence back and forth between 12 different people? 13 A. Yes . 14 Q. Who are perhaps talking about in their 15 correspondence this incident? 16 A. Yes . 17 Q. Those have been taken out of this body 18 of documents and put over in this 19 repository. First it was put in 20 Monsanto somewhere, wasn't it? In the 21 law department? 22 A. Those documents were collected over the 23 time frame that we have discussed and -- 27 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12949 1 Q. No. But when you selected them in '81 2 and they were part of this litigation 3 archive, they were put in Monsanto, 4 weren't they? 5 A. Well, they were already part of 6 Monsanto. 7 Q. I mean, the law department, under y'all's responsibilities? 9 A. That's correct. But the lawyers have 10 always had control over the documents 11 that were collected from 1971 forward. 12 Because those were litigation archives. 13 Those documents were collected for 14 litigation. And as litigation developed 15 over the course of 1970 and 1980, the 16 collection grew. 17 Q. So this privilege you're talking about 18 would extend back or was used or y'all 19 relied on it before this selection 20 process took place in 1981? 21 A. I'm confused. Because I'm not sure what 22 privilege you're referring to. 23 Q. Well, one of the privileges, as I 28 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12950 1 understand it, that you are asserting 2 here today is that these are part of the 3 litigation archives? That's part of 4 your basis for making it? 5 A. That's correct. But it's how that 6 collection is organized, not the fact 7 that there are documents. 8 Q. Not the document itself. 9 A. That's correct. 10 Q. So am I to understand then as we sit 11 here today, even about the North 12 Carolina archive, that you're not 13 claiming that the document itself is 14 privileged necessarily. Because it 15 might be something that somebody 16 generated similar to this correspondence 17 about Yusho that happened maybe in the 18 '60s or early '70 or something like 19 that? 20 A. That's correct. We have never asserted 21 that the documents themselves, if 22 they're responsive and not otherwise 23 privileged, are privileged just because 29 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12951 1 they are in the archive. 2 Q. Let me show you a letter, and I want to 3 make sure we understand each other. 4 Because you're saying something that's a 5 little different than what somebody else 6 said. And I want to be sure before we 7 leave here today that that's your position, because that's what I thought 9 it was. 10 MR. STEWART: How about marking 11 these documents and we would 12 use it as an exhibit? First, 13 let's mark this deposition 14 notice as Plaintiffs' One and 15 Plaintiffs' Two for this 16 document. 17 [Plaintiffs' Exhibits Numbers 18 One and Two were marked.] 19 Q. (By Mr. Stewart) If you would, take 20 Exhibit Two. And that letter -- on page 21 three, paragraph 8, read that. I want 22 to ask you a question about that. 23 A. Yes, sir. 30 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12952 1 Q. Have you read it? 2 A. Yes . 3 Q. Okay. What that says is that -- and 4 maybe I'm parsing words here and I don't 5 want to do that; that's why I'm asking 6 you the question. Says, "Document 7 Repository." The first sentence says, "Counsel discussed Monsanto/Solutia's 9 position that the PCB document 10 repository in Greensboro, North 11 Carolina, is protected from review by 12 the plaintiffs' counsel by the 13 work-product privilege/doctrine." 14 You're saying something a little 15 different than that, aren't you? 16 A. No. Really, I'm saying exactly the same 17 thing. 18 Q. Tell me how you're saying exactly the 19 same thing. 20 A. We're talking I think about two 21 different concepts. 22 Q. Explain. 23 A. What Mr. Kelly said here and what I'm 31 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12953 1 saying here at the deposition also is 2 that archive as an archive and the way 3 it's organized and the documents that 4 are in it that have been selected by 5 counsel to be in that archive, that's a 6 privilege. 7 Now, if you make a discovery demand and ask for a category of 9 documents, say Yusho, if those documents 10 are in there, we produce those documents 11 to you, because those documents as they 12 relate to the litigation are not 13 privileged. But the archive as an 14 archive and how it's organized and how 15 we work with it is privileged. 16 Q. Okay. So what you are saying is that 17 even though these documents that are 18 there are not privileged documents, many 19 of them, because they are internal memos 20 that might relate to the Yusho incident 21 or to some other stuff y'all knew about 22 this poison that you put off over there 23 in Anniston at an early date, doesn't 32 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12954 1 necessarily make it privileged; it's 2 just the way y'all have organized them 3 in these files - 4 MR. PECK: Object to the form. 5 Q. -- up there; is that right? 6 MR. PECK: Object to the form of 7 the question. A. That's part of it. How it's organized, 9 the kinds of documents that are there, 10 because that would reflect our opinion 11 of what we felt was important in the 12 litigation. 13 (By Mr. Stewart) Well, now, let me see. 14 Are those two different things, or is 15 that just one thing? 16 A. It's two aspects of the same privilege. 17 Q. Go back through that again, because I 18 may have a question to ask you about 19 that. 20 A. You spoke of how they are organized. 21 Q. Uh-huh (indicating yes) 22 A. I said yes, that is also part of what we 23 claim to be privileged here. And the 33 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12955 1 other aspect -- and I just wanted to 2 clarify -- is that the categories, the 3 types of documents that are there, the 4 subject matters that they deal with. 5 Q. Let's talk about the Yusho incident. 6 A. Okay. 7 Q. If I ask you about the Yusho incident 8 correspondence, would that not be 9 located in a particular file? 10 MR. PECK: Object to the form of 11 question. I believe 12 answering that question in 13 and of itself would invade 14 the privilege. 15 MR. STEWART: Hogwash. 16 MR. PECK: If you can answer 17 without invading the 18 privilege, then -19 MR. STEWART: Doesn't have 20 anything to do with the 21 privilege. 22 MR. PECK: Otherwise instruct you 23 not to -- 34 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12956 1 Q. (By Mr. Stewart) Are those located in 2 the same file? 3 A. They are located in the repository. 4 Q. No. I'm not talking about the 5 repository total or the way you have 6 them organized. I'm just asking you if 7 in fact you had to retrieve it if they're located in the same place. All 9 the correspondence about the Yusho 10 incident is organized in one place, 11 isn't it, Tom? 12 MR. PECK: Object to the form of 13 the question. I'm going to 14 object on the basis that 15 answering that question by 16 its very nature has to 17 disclose the way it's 18 organized, which is part of 19 the privilege objection we're 20 asserting. 21 A. That's correct. 22 Q. (By Mr. Stewart) Well, it's possible, 23 is it not, Tom -- Do you mind if I call 35 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12957 1 you Tom? 2 A. Go right ahead. 3 Q. It's possible, Tom, for those documents 4 to be organized chronologically, isn't 5 it? 6 A. That's possible. 7 Q. It's possible for them to be organized by subject matter? 9 A. It would be, yes. 10 Q. And all I'm asking you is if in fact - 11 just take the Yusho documents. If they 12 are organized in a fashion, 13 correspondence about that between these 14 people, so that you can go to one place 15 and find all of them? 16 MR. PECK: If you're asking him to 17 answer that question is that 18 the way it's organized, then 19 that in and of itself invades 20 the privilege. 21 MR. STEWART: I don't think so, 22 Adam. Just make your 23 objection so we can -- 36 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12958 1 MR. PECK: I do. And I'm 2 instructing you not to answer 3 because it does. 4 MR. STEWART: -- go on. If you 5 are going to instruct him not 6 to answer, we'll mark that 7 and take that up with the 8 judge at the appropriate - 9 that's what you're supposed 10 to do. 11 MR. PECK: That's all I'm doing. 12 I not trying to be 13 obstructive. I'm just not 14 going to allow you to invade 15 what I believe is a privilege 16 today. You're entitled to 17 ask nonprivileged questions. 18 I'm entitled to assert what I 19 think privileges are. And 20 we'll have to discuss that 21 later. 22 MR. STEWART: I don't need to have 23 a lecture. I understand 37 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12959 1 that, Adam. Make your 2 objection and let's mark it 3 and go on. You are 4 instructing him not to answer 5 that? 6 MR. PECK: If in answering that 7 question he believes he has 8 to disclose information about 9 how it is organized, then I 10 instruct him not to answer -11 MR. STEWART: If you want to take 12 him out and -13 MR. PECK: Then I instruct him -14 MR. STEWART: Go ahead and do 15 that. 16 MR. PECK: Donald -- 17 THE REPORTER: Okay. One at a 18 time, please. I have got to 19 get both of y'all; remember. 20 MR. PECK: I was talking. Can we 21 do it that way? 22 MR. STEWART: That's fair. 23 MR. PECK: I'm providing him 38 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12960 1 guidance on the scope of the 2 privilege issues that he can 3 answer your question. If he 4 thinks he can answer the 5 question without disclosing 6 information about how the 7 archive is organized, then he can answer. If he can't, 9 then he cannot answer. 10 That's my instruction. 11 Q. Are you telling me that you cannot 12 because of some privilege tell me if 13 those Yusho documents are located -- the 14 correspondence -- located in this 15 repository in one place? 16 A. I'm saying that I would have to tell you 17 how they are organized, and how they are 18 organized is the product of counsels' 19 organization of the archive there, which 20 is work product. 21 Q. Okay. Let me see if I understand. I'm 22 really trying to understand this. 23 A. Sure. 39 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12961 1 Q. Those documents you say are not 2 privileged in and of themselves; they 3 are just something that happen to be 4 there? 5 A. That's correct. 6 Q. And the next thing you're saying is how 7 we organize them - A. In the archive. 9 Q. -- in the archives - 10 A. Is the product of counsel's mind, his 11 work product, our work product 12 collectively. 13 Q. (By Mr. Stewart) So we can't see those 14 because of that? 15 A. You may see the documents. And I will 16 represent to you that if you have asked 17 for all the Yusho documents, we have 18 produced to you all the Yusho documents. 19 Q. No, sir. I'm not asking that question. 20 It was probably phrased poorly. 21 But you're saying that we can't go 22 to North Carolina and see those 23 documents because of the way you have 40 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12962 1 them organized? 2 A. That's correct. 3 Q. Tell me, are those hard copies up there 4 or on the computer? 5 A. We have hard copy. And - 6 Q. You have hard copies of those documents? 7 A. That's correct. 8 Q. How many thousands of pages of documents 9 is that? 10 A. Approximately 800,000. 11 Q. You got 800,000 pages of documents that 12 the lawyers chose to put under this 13 organization that you consider to be 14 privileged; is that correct? 15 A. That's correct. 16 Q. Now, are those all the universe of the 17 PCB documents that you have, other than 18 this 150,000 that are located in St. 19 Louis in Solutia's headquarters in that 20 little dummy office down the hall? 21 Pardon me, Tom, but I have to get some 22 humor in here every once in a while. 23 A. As I understand your question, the PCB 41 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12963 1 archive in Greensboro, plus the 2 documents that are still in our 3 possession here in St. Louis in our 4 document archive, defines -- I would say 5 the intent would be that those are all 6 of the PCB documents. 7 Q. Where are the others? 8 A. We have collected them all. 9 Q. Y'all have collected them all either 10 here or there? 11 A. Right. 12 Q. How many have you produced in this case? 13 A. From the archive, I don't know. I think 14 we are at - 15 THE WITNESS: What, Adam? 300,000 16 plus pages? But that would 17 include - 18 MR. PECK: 300- or 400,000 pages. 19 A. But that would include some from the 20 plant that were not necessarily part of 21 the PCB archive because it didn't relate 22 strictly to PCBs. 23 Q. So we're short a little, aren't we, Tom? 42 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12964 1 A. On what? 2 Q. Production. Let's just say we sent you 3 an interrogatory or request for 4 production saying we want to see all 5 these documents that you all have 6 gathered that are related to PCBs. So 7 out of it, all - A. I believe you did. 9 Q. We did do that? 10 MR. PECK: No. 11 MR. STEWART: That's what he said. 12 I'm sorry. I misspoke. You asked to 13 see the index. 14 MR. PECK: What he has asked you 15 is to come see -- Are you 16 asking have you asked to come 17 see - 18 MR. STEWART: No. I'm asking the 19 questions, Adam. 20 MR. PECK: Obviously, there's - 21 Can you rephrase the 22 question? 23 MR. STEWART: Make any objections 43 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12965 1 you want to make - 2 MR. PECK: Obviously somebody here 3 -- everybody here on this 4 side doesn't understand what 5 you're asking. 6 THE WITNESS: Me. I'm confused. 7 Q. (By Mr. Stewart) You're telling me there's 800 pages of documents, hard 9 copies - 10 A. 800,000. That's correct. 11 Q. 800,000. Up there in North Carolina, 12 used to be in Monsanto. Y'all claim 13 this was a litigation file? 14 A. It is a litigation file. Yes. 15 Q. And it's what y'all knew and didn't know 16 about PCBs, production, waste disposal, 17 epidemiological studies, all those kinds 18 of things? 19 MR. PECK: Wait. The way you have 20 asked that question, Donald, 21 basically asks him to 22 disclose what's been 23 collected. And that in and 44 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12966 1 of itself is privileged. 2 Q. (By Mr. Stewart) I'm just asking you if 3 those are the kinds of things that are 4 in there? 5 MR. PECK: I don't know if he can 6 answer that question without 7 invading the privilege. If he believes he can, I'll 9 allow him to answer. 10 Q (By Mr. Stewart) I'm still trying to 11 understand this privilege. I thought 12 you said the privilege was the index and 13 how you had them organized. 14 A That's correct. But - 15 Q That doesn't have anything to do with 16 what's there, does it? 17 A It does. Because the - 18 Q So it's sort of like hide the pea? 19 A No. We're not hiding anything, Donald 20 we're protecting - 21 Q So if we organize - 22 A If I can finish my answer. 23 Q If you organize this thing the way -- 45 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12967 1 MR. PECK: Let him finish his 2 answer. 3 Q. -- we want to - 4 MR. STEWART: I want him to finish 5 his answer, but I want to ask 6 him the question in the way I 7 want to ask it. 8 Q. (By Mr. Stewart) If you organize the 9 things the way you want to, then you can 10 basically hide documents in either the 11 litigation department, the law 12 department of Monsanto, or in your 13 lawyer's office; isn't that correct? 14 A. No. That's not correct. We have not 15 hidden any documents. We would not hide 16 documents. That's not what this company 17 or this lawyer is about. And I resent 18 any suggestion of that. I want to make 19 that real clear. We don't hide things. 20 Q. Mr. Bistline, let me ask you this: What 21 categories is that in up there? 22 A. What category is what in? 23 Q. What kinds of documents, not categories. 46 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12968 1 What kinds of documents? Not how you 2 have got them organized. What kind are 3 up there in the archives? 4 A. The types of documents we have selected 5 for inclusion in the archive is the 6 product of counsels' review and 7 deliberation about what would be most relevant to the litigation. 9 Q. Who would know about those documents? 10 A. I know about them, Mr. Nassif, 11 Mr. Moore, Mr. Kelly. Mr. Peck knows 12 some about them. 13 So let me see if I understand your 14 position, now. These documents that 15 you're talking about are privileged 16 because of the method that you used for 17 selecting them and organizing them? 18 A. No. The documents themselves are not 19 privileged unless they happen to be 20 communications between attorney and 21 clients. That's not what we're talking 22 about for present purposes. But the 23 types of documents that we selected from 47 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12969 1 the large mass of PCB documents to be 2 included in the litigation archive, 3 categories that my counsel thought were 4 important to include, that description 5 of the documents is privileged. 6 Q. How are they -- are they also on a 7 computer now? A. We have a litigation support system, 9 yes, computerized litigation support 10 system. 11 Q. Tell me about that. 12 A. I can describe it generally; I can't 13 tell you what's in it. It permits us to 14 interrogate the computerized system to 15 find out types of documents that may be 16 responsive to a production request. So 17 if you have asked for a category of 18 documents in a production request, we 19 form a query and put that in, input that 20 into the litigation support system, and 21 it gives us the -- by number, by 22 document number, documents that may 23 contain the kind of information that 48 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12970 1 we're looking for. 2 Q. And out of that 800,000 documents, what 3 you would do, you would plug the inquiry 4 in and say -- Let's just take the Yusho 5 incident again. You would say, "Give me 6 everything on Yusho that we have?" 7 A. If that were an inquiry, that could be made. That's the kind of inquiry that 9 could be made. 10 Q. And if you said, "Give me everything on 11 waste disposal," you can make the 12 inquiry and get that? 13 Well, without telling you the categories 14 of documents we have, if you can think 15 of things that you would like to ask for 16 in discovery - 17 Q. I thought of one; I just gave you one. 18 A. Those are the kinds of things that we 19 would seek from the litigation archive. 20 Q. But I gave you one. I said "waste 21 disposal." Methods of waste, where it 22 was disposed, amount of waste. If you 23 were very detailed about that, you could 49 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12971 1 then take this retrieval system and tell 2 us that, couldn't you, to give us the 3 documents ? 4 MR. PECK: Object on the basis of 5 the privilege. The extent 6 that you're trying to 7 enumerate every conceivable document type you can and 9 therefore define what's in 10 there and force a waiver of 11 the privilege -- which is 12 what I think you're doing - 13 that's an objectionable 14 inquiry. 15 MR. STEWART: I note the 16 objection. 17 Q. (By Mr. Stewart) But if I had to ask 18 you about waste disposal and I said 19 methods of waste disposal, all that 20 stuff that I mentioned a minute ago, how 21 much waste was disposed, how much waste 22 was produced, what was the waste stream, 23 all PCB production, you could retrieve 50 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12972 1 what documents that would be related to 2 that particular inquiry from your 3 system, couldn't you? 4 A. I can't answer your question 5 specifically, Mr. Stewart, without 6 telling you the kinds of categories of 7 documents that we have in the system. 8 Q. Okay. 9 A. But the system permits us to make 10 specific inquiry. And if that type of 11 document is in the system, in the 12 archive, then it can be located and if 13 not privileged, produced. 14 Q. Can you in the hard documents segregate 15 those documents, Tom, that are 16 nonprivileged, as you said earlier, 17 generated during the normal course of 18 business and not communications between 19 lawyer and a client? Can you segregate 20 those hard documents in some fashion? 21 A. Not without a hand-review of them. We 22 would have to have counsel sit and 23 review all of those documents to make 51 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12973 1 the attorney-client privilege call on a 2 document-by-document basis. 3 Q. So, in other words, there would be some 4 letters and correspondence interspersed 5 in the documents? Is that what you're 6 saying? 7 A. There are privileged documents contained in the litigation archive, yes. 9 Q. And they are just interspersed at 10 various places along the way? 11 A. Pretty much, yeah. 12 Q. Now, are those relegated to the letters 13 or correspondence -- is that limited to 14 that? To letters of correspondence 15 between an attorney and somebody from 16 Monsanto about a particular litigation 17 matter or some litigation question? 18 MR. PECK: Object to the form of 19 the question. 20 A. That would be one kind of privileged 21 document. I mean, there are several 22 kinds of attorney-client privileged 23 documents in the archive. 52 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12974 1 (By Mr. Stewart) You mentioned the 2 letters. Tell me what else is in the 3 archives. 4 A. Types of privileged documents? Is that 5 what you're asking? 6 Q. You mentioned that yourself, some that 7 are different? A. Well, just in terms of different types, 9 general categories of privileged 10 documents? There are memoranda. 11 Q. Memoranda that might be prepared by a 12 lawyer for someone? 13 A. That's correct. 14 Q. Or maybe prepared at the direction of a 15 lawyer in connection with some 16 litigation? 17 A. That's possible. 18 Q. Anything else? 19 A. I can't think of anything as I sit here, 20 but that's not to say that there might 21 not be another kind of attorney-client 22 privileged document in the archive. 23 Q. Those documents that are hard copies 53 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12975 1 that are, say, correspondence between 2 Mr. Jones or Mr. Smith, employees of 3 Monsanto about, say, the Yusho incident, 4 or waste production process, those 5 documents are clean copies, aren't they, 6 generally? 7 A. Clean copy, you mean - 8 Q. It's like the correspondence was when it 9 was sent to Mr. Jones or Mr. Smith? 10 A. Absolutely. 11 Q. And that is the type document that you 12 say are not privileged in and of 13 themselves but are privileged because of 14 the way you have them organized? 15 A. The organization and description of what 16 kinds of documents we have in there are 17 privileged. I'm not telling you that in 18 response to an appropriate discovery 19 request that kind of document wouldn't 20 be produced. It would. 21 Q. But what I'm saying to you is, those 22 documents -- Well, I think you have 23 answered my question. 54 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12976 1 On the index itself, does that 2 document contain summaries of those 3 documents that are in the archives, 4 litigation archives? 5 MR. PECK: Same instruction I have 6 been giving you, Tom. If you 7 can answer the question without disclosing work 9 product, then you can answer 10 it in a way that does not 11 disclose work product. 12 Obviously, it's not our 13 intent to allow you to answer 14 the question to waive the 15 privilege we have been 16 asserting. 17 Q. (By Mr. Stewart) I'm not asking you 18 what the summaries say. 19 A. I understand. 20 Q. And I'm not asking you for the 21 categories. I'm asking you, very simply 22 put, if -- I'm just trying to understand 23 this privileged. It sort of wanders all 55 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12977 1 over the place, and I'm trying to hem it 2 up so that I understand it and Charlie 3 understands it. That's why we flew up 4 to St. Louis. Looked forward to this to 5 do that, and that's why we're here. 6 A. I understand. 7 Q. Tell me if a part of that index is a summary of the document itself? You 9 said a minute ago that these documents, 10 hard copies, are clean. 11 A. Yes . 12 Q. If we looked at them, wouldn't see any 13 comments on them or anything that were 14 privileged? 15 A. For the most part. I mean, there are 16 some that do have those kinds of 17 comments on them. 18 Q. I'm talking about those 800,000? 19 A. Right. 20 Q. And then there's a category of summaries 21 -- whether it's in the index -- can you 22 type out that index at one point in 23 time? 56 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12978 1 A. We do not have a physical index of 2 documents. 3 Q. When I looked at it -- maybe it was late 4 last night when I read it or late night 5 before last when I read it, but in 6 looking at this thing that Mr. Nassif - 7 Is it Nassif? A. Nassif. 9 Q. That Nassif put together, I thought he 10 said - 11 A. What page is that? 12 Q. I'll find it for you. I'm sort of 13 looking for it myself. But I thought he 14 said that there were summaries that were 15 done. Page four, paragraph 7. "Coded 16 summaries of the documents." Then 8, 17 Mr. Moore -- The reason Kelly is here 18 today -- "personally trained a small 19 number of document reviewers employed by 20 Monsanto for the purpose of classifying" 21 -- and then it says "summarizing the 22 documents pursuant to our instructions." 23 And that's where I got that. I assumed 57 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12979 1 there was some kind of summary of 2 documents. 3 A. What this is referring to is the process 4 of creating the litigation support 5 system. We did that by having trained 6 document coders look at the document and 7 fill out a sheet. Now, the sheet and the categories that are on the sheets 9 were specified by counsel. And the 10 document coder would read the document 11 and then fill out the coding sheet with 12 the categories of information that 13 counsel outlined. That was done on a 14 document-by-document basis. Then that 15 coding sheet was keyed into a computer, 16 and that's what the computer litigation 17 support system consists of. 18 Q. But this also says that Mr. Moore, the 19 other gentleman, instructed them to 20 summarize the documents. So I would 21 assume that somewhere there's a summary 22 of what that -- you know, a letter from 23 so-and-so to so-and-so about the Yusho 58 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12980 1 incident, something like that. Does 2 that not exist? 3 A. That does not exist in that particular 4 form, no. It exists in the form that I 5 referred to earlier. And that is the 6 filled-out completed coding sheet for 7 each document could be viewed as a summary of the document referring to the 9 categories of information that counsel 10 decided was appropriate for inclusion in 11 the litigation support system. 12 Q. Let's see. Would Yusho be something 13 like what we knew and when we knew it 14 about the incident and what we told each 15 other? Is that the kind of coding 16 system you're talking about? 17 MR. PECK: Object to the question, 18 invading privilege. 19 Q. (By Mr. Stewart) What are you saying? 20 A. Mr. Stewart, I can't tell you the 21 specific categories that we decided, the 22 lawyers decided was appropriate to use 23 and extract for the litigation support 59 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12981 1 system. That's the essence of what 2 we're saying is privileged. 3 Q. Am I to understand that your system 4 doesn't include some kind of summary of 5 the document itself? 6 That's correct. In the sense that 7 somebody went through and dictated, this document is about blah, blah, blah. 9 That particular kind of memorandum does 10 not exist? 11 Q. Does it include a description of the 12 document itself so that if one were to 13 look at your coding system, you would 14 understand what that document was, 15 whether it be a report from Anniston to 16 St. Louis about some testing in 17 Choccolocco Creek or something like 18 that? Is that what it would be? 19 MR. PECK: Object to the question 20 as invading the privilege. 21 A. The coding sheets would specify the -- I 22 don't know how to describe this without 23 shooting myself in the foot. 60 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12982 1 Information about the documents and 2 about those characteristics of the 3 documents that we in the exercise of our 4 judgment thought was important for the 5 litigation is contained on those coding 6 sheets. That's the kind of information 7 that is there. It does describe the document, yes. 9 Q. (By Mr. Stewart) You indicated earlier 10 that there were hard copies and that at 11 some point in time y'all went to a 12 computerized system. Before you went to 13 a computerized system, what method or 14 means did you use to organize them? Was 15 that a hard copy too? 16 MR. PECK: I think that's 17 invading - 18 Q. (By Mr. Stewart) The index itself? 19 MR. PECK: Object -- 20 Q. (By Mr. Stewart) In other words, how 21 did you retrieve documents before you 22 went on computer? Let's say somebody 23 asked you in '85 or something. 61 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12983 1 A. Well, in '85 we had the computer system. 2 Q. But between '81 and '85 - 3 A. We had the computer -- 4 Q. -- someone asked you about - 5 A. We had the computer system beginning in 6 1982 . 7 Q. 1982? 8 A. Right. 9 Q. If someone asked you about a document, 10 you received it before then, somebody 11 asked you about a document, how did you 12 get it? 13 A. Well, as I understand how the process 14 worked then, there were -- there were 15 two paralegals, I believe, working at 16 Monsanto, plus Mr. Nassif, plus lawyers 17 at Smith Helms who were familiar with 18 the documents. And that collection of 19 individuals would review the archive of 20 documents which had been collected as 21 produced in litigation and would make a 22 selection from those documents. 23 Q. But would they go through, at that time, 62 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12984 1 some million pages of documents, or did 2 they have some kind of systematic 3 approach to take? 4 A. They didn't have to review all million 5 pages. 6 Q. How did they do it? 7 A. The review of documents was based on their personal knowledge of what was in 9 the archive. 10 Q. Well, I mean, they had some kind of 11 index to those archives that pre-dated 12 1981, didn't they, Mr. Bistline? 13 They had indices of documents that had 14 been produced in litigation up to that 15 point. 16 Q. And would those indices of documents 17 that had been produced in litigation up 18 to that point encompass this 800,000 19 pages of documents and 150,000 pages of 20 documents ? 21 A. I'm no - 22 MR. PECK: Wait a minute. I 23 object to the question to the 63 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12985 1 2 3 4 5 6A 7 8 9 10 Q 11 12 A 13 Q 14 15 A 16 Q 17 A 18 Q 19 A 20 Q 21 A 22 Q 23 A extent it seeks disclosure of what was collected. But if you can answer without waiving the privilege, go ahead and answer. Mr. Stewart, I don't know if the indices included all of the nearly million of pages of documents that would be collectively in both places. (By Mr. Stewart) Who were the people working with Mr. Nassif? Well, David Moore, as I said before. I understand Mr. Moore. We know his name. But who are the paralegals? One was named Jean Schifferdecker. Is she still with you all? No, she's not. Where is she now? I'm not sure where she is now. Where was she from? She, I believe, was from St. Louis. J-E-A-N? Yes . 64 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12986 1 Q. Who else worked - 2 A. I don't -- Gail Turner. 3 Q. Is that their name today or are they 4 married? 5 A. I don't know if Ms. Schifferdecker is 6 currently married. She was not when she 7 worked for Monsanto. 8 Q. But if someone had to retrieve a 9 document, those would be the people that 10 would have had to retrieve the document; 11 is that correct? 12 Those two paralegals, plus Mr. Nassif, 13 plus Mr. Moore, yes. And perhaps others 14 at Smith Helms that I'm not aware of. 15 Q. How would you retrieve a document today 16 from this 800 page thing? 17 A. When a discovery demand is made, it goes 18 to the Smith Helms firm, because they 19 are in charge of the archive. 20 Q. So they select what we get? 21 A. So they make the appropriate inquiry of 22 the computerized litigation support 23 system, which identifies documents that 65 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12987 1 have the categories of information to 2 answer the demand. And those documents 3 that are identified are then reviewed 4 for production by counsel. 5 Q. And then they make the selection from 6 this archive and send on to you, or to 7 whoever wants to deliver it to us, Adam, whatever the process? 9 A. Yeah. That's correct. 10 Q. I want to get back to something I asked 11 you earlier because I don't want to get 12 off that. There are 400,000 pages of 13 documents that you all say you have 14 provided to us in the Abernathy and 15 Nelson case, Mars Hill, whatever? 16 A. I believe that's about the - 17 MR. KELLY: About right. 18 Q. (By Mr. Stewart) Would it be fair to 19 say that we're short a few documents 20 that you all have that are related to 21 PCBs, if one takes the very simple 22 mathematical calculation of the 800,000 23 pages that you have indicated that are 66 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12988 1 located at Smith Helms and then the 2 150,000, I think, that you said remain, 3 give or take a few - 4 A. Yes . 5 Q. That are here that didn't get involved 6 in the selection process, here in St. 7 Louis ? A. That's correct. 9 Q. But there is no question in your mind 10 that you are perhaps the most 11 knowledgeable person about these records 12 here in St. Louis. Is that fair to say, 13 about how they were put together and 14 what they constitute and that type 15 stuff? 16 MR. PECK: Are you talking about 17 the archive again? 18 MR. STEWART: I'm talking about 19 both. 20 A. I would say probably here in St. Louis 21 Mr. Nassif is -- or was at one time. I 22 don't know whether he still remembers it 23 all -- because he participated -- I 67 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12989 1 mean, he was the guy that was doing it. 2 He would be more knowledgeable about 3 that than I. 4 Q. (By Mr. Stewart) Where is he today? 5 A. He is a partner at the St. Louis law 6 firm of Thompson Coburn. 7 Q. But in the company today you would be the one? 9 A. I would be the one most knowledgeable. 10 Q. And would it be fair to say that that's 11 your universe -- and by your, I mean 12 Monsanto's or Solutia's universe -- of 13 what y'all know about PCBs, what y'all 14 have by way of information about your 15 production of it, your sale of it, your 16 communication, regulators, whatever - 17 MR. PECK: Object to the form. 18 Q. (By Mr. Stewart) All of that would 19 be - 20 A. 21 22 In the broad universe of documents? MR. PECK: You're talking about in and out of the litigation 23 archive? 68 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12990 1 A. Both added together? 2 Q. (By Mr. Stewart) Both added together, 3 is basically what you know? 4 A. It's the information that we have, yes. 5 Q. And if somebody sued you, say, in '85, 6 that would be the same; is that correct? 7 A. There may have been a few documents added after the archive was initially 9 established. I think there probably 10 have been. 11 Q. Do documents contain minutes of meetings 12 that might have taken place in 13 connection with some of these same 14 issues ? 15 MR. PECK: Object to the question 16 to the extent it intends to 17 invade the privilege. 18 A. As a document type, there are meeting 19 minutes. 20 Q. (By Mr. Stewart) And would it have 21 contained communications between 22 Monsanto and other chemical 23 manufacturers that were part of the 69 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12991 1 chemical manufacturer's association? 2 MR. PECK: We're not going to - 3 MR. KELLY: Pertaining to the 4 archives or the whole 5 universe? 6 A. You're talking about the whole universe, 7 not just the North Carolina? 8 Q. (By Mr. Stewart) Yeah. 9 A. There are probably -- Well, there are 10 communications with other companies, 11 yes . 12 About PCBs, is what I'm talking about? 13 How to approach the PCB problem, how to 14 approach regulators, how to approach 15 scientists? 16 I can't tell you specifically whether we 17 have documents on each of those specific 18 topics. I'd have to go look and see. 19 Q. Could you tell me -- If I asked for 20 those, you could retrieve them from 21 either place, couldn't you? 22 If those kinds of documents exist, they 23 could be retrieved, yes. 70 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12992 1 Q. You would know how -- And some of those, 2 Mr. Bistline, would have to be done in 3 both places, wouldn't they, perhaps? 4 Perhaps. We have looked in both places 5 in the past for documents responsive to 6 discovery, yes. 7 Q. You would admit that if one found, Mr. Bistline -- maybe ol' Donald asked 9 for something back in 1999, and he got a 10 part of it, and he got the rest of it 11 in, say, 2001 -- Let's just say this 12 Yusho incident and let's just say it's a 13 hypothetical. 14 A. Okay. 15 Q. Why would that happen or occur? 16 MR. PECK: Object to the form of 17 the question. It's an 18 incomplete hypothetical, 19 impossible to answer. 20 Q. (By Mr. Stewart) You want to make it 21 more complete for Adam, and then you 22 want to answer it? 23 As you have framed it, I can't answer 71 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12993 1 it. I couldn't. 2 Q. What are you telling me? Are you 3 telling me if I asked for it in '99 what 4 you had by way of correspondence from 5 the Yusho incident you could give it to 6 me? 7 A. What I would say is if you asked for something in 1999 and were given a 9 response, I would consider that we 10 should be giving you the entire 11 response. 12 Q. Okay. And so are you telling me that 13 you have the capability, if I ask you 14 for the Yusho correspondence, to give it 15 to me, correspondence between people in 16 the plant? 17 A. Well, I can't -- I'm not going to talk 18 about a specific category of documents 19 that - 20 I'm just using that as a hypothetical. 21 Let's call it the apple incident just 22 for the sake of -- if that will make you 23 feel more comfortable. 72 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12994 1 A. If you ask for documents relating to a 2 specific topic and we have them, and the 3 documents are not otherwise privileged 4 as communications between attorney and 5 client, and it's relative to the case, 6 we produce it. 7 Q. And you had the ability in 1999, did you not, to produce that category of 9 documents that I mentioned? Let's go 10 back to the Yusho incident. You may be 11 uncomfortable with it, but it relates to 12 this case. The correspondence that 13 might have been exchanged? 14 A. If that were a request that were made, 15 it would have been appropriate to 16 respond to and completely respond to. 17 And if I get a part of those documents, 18 say, maybe in 2001, that would mean 19 what, Mr. Bistline, that y'all made a 20 mistake in what you gave us the first 21 time, the retrieval system doesn't work? 22 Or perhaps somebody used their judgment 23 in selecting those documents and parsed 73 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12995 1 words a little bit and just gave us 2 something later rather than earlier? 3 MR. PECK: Object to the form of 4 the question. 5 A. I can't answer that question the way you 6 have stated it because I don't know what 7 you got when and what the requests were, 8 if it were the same request -- 9 Q. (By Mr. Stewart) Well, if somebody 10 asked you for epidemiological studies, 11 you could give them to us, couldn't you, 12 out of this system? 13 MR. PECK: Object to the form of 14 the question. 15 A. There are some epi studies on the 16 system, yeah. 17 Q. (By Mr. Stewart) If somebody asked you 18 for the epidemiological studies that you 19 all had conducted at your plants, you 20 could give them to us in 1999, couldn't 21 you? 22 A. It would depend on what kind of 23 epidemiological study. 74 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12996 1 Q. On your workers. 2 A. Unless it specifically related to PCBs, 3 there would be no reason to have that. 4 Q. It did. 5 A. Well, if that question were asked in 6 1999 -- 7 Q. We should have gotten it, shouldn't we? 8 A. Again, I don't know what question you 9 asked, so I can't really speak to it. 10 Q. Asked for the epidemiological studies 11 that you performed on your workers at 12 Sauget or Anniston where PCBs were 13 produced. 14 MR. PECK: Object to the form of 15 the question. 16 Q. (By Mr. Stewart) You could tell us, 17 couldn't you? 18 A. I could tell you whether we had them. 19 Q. And you could give us those documents in 20 '99, couldn't you? 21 A. If that was an appropriate response to 22 the question you asked, yes. 23 Q. What would you consider an appropriate 75 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12997 1 response to the questions asking you for 2 the epidemiological studies that you 3 performed on workers at Krummrich or 4 Sauget in '99? 5 A. Well, if you're representing to me that 6 that was your precise question, then I 7 would say that if we had those studies, they should have been produced. 9 Q. What would have made it imprecise so 10 that someone could use their judgment 11 and determine whether or not to send ol' 12 Charlie and me that record? 13 A. I can't speculate on that. 14 Q. Let's just say we asked them for medical 15 studies. Would that fall out of the 16 category of epidemiological studies? 17 Would they have to be so precise as to 18 say epidemiological studies before you 19 could retrieve it or before you could 20 get it? 21 MR. PECK: Object to the form of 22 the question. It's calling 23 for speculation by this 76 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12998 1 witness. 2 A. I really can't answer that. 3 Q. (By Mr. Stewart) What if we asked you 4 for testing that was done in conjunction 5 with PCBs, air, water, fish, everything. 6 Do y'all have a category where you could 7 retrieve that? A. I'm going to have to decline to answer 9 that the way you have asked it. 10 Why? Because it's privileged because 11 you don't want to tell us what you have 12 got in those files? 13 A. No, sir. 14 Q. That have to do with air, soil, fish 15 data, that y'all have collected at the 16 plant? 17 No. Because I'm not going to describe 18 for you how we have organized the 19 archive and what categories of 20 information we have collected as 21 categories. 22 Q. I would like to know how that question 23 that I just asked you invades the 77 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ12999 1 privilege. Can you articulate that for 2 me? 3 A. Well, you have asked me specifically 4 what categories -- or whether we have 5 this category of information in the 6 archive. 7 Q. No. I'm asking you if you can retrieve 8 for me from this system all of the tests 9 that you performed, air, soil, water, at 10 the plant in Anniston, in connection 11 with PCBs? 12 MR. PECK: The way you have asked 13 it, it does invade the 14 privilege. 15 Q. (By Mr. Stewart) The way it's asked 16 invades the privilege because I asked 17 you -- 18 A. That's right. 19 Q. --if the system could do that. And 20 you're saying that that is a unique 21 organizational thing that the lawyers 22 put together that involves what? 23 MR. PECK: If you're -- 78 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3000 1 MR. STEWART: Hold it a minute. 2 Q. (By Mr. Stewart) Let me ask you: Are 3 those particular tests privileged? 4 A. No, sir. 5 Q. Is the way you organized the test 6 privileged? 7 A. The tests themselves and the results are not privileged; how we have organized 9 the PCB litigation archive is 10 privileged. 11 Q. I'm not asking you how you - 12 A. If I may complete my answer. 13 Q. Go ahead. 14 A. What categories of information we have, 15 specific categories of information we 16 have in the archive. 17 Oh, I'm not asking you, Mr. Bistline, if 18 you have a category that says "test" or 19 something like that. I'm asking you if 20 you can retrieve it from the system. If 21 Charlie asks, for instance, for all soil 22 tests, could you retrieve that from the 23 system? 79 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3001 1 A. To the extent that they are in the 2 system. 3 Q. Okay. Well, I would assume in the 4 universe of documents that you have, you 5 could retrieve it from one place or the 6 other, couldn't you? 7 A. I thought you were restricting your inguiry to the North Carolina archive. 9 If you're talking about the entire 10 universe, then the answer is yes. 11 Q. Okay. And there might possibly be some 12 in both places? 13 A. That's theoretically possible. 14 Q. Well, it has to be more than 15 theoretically possible, doesn't it, 16 Mr. Bistline, because you have already 17 told me there are only 150,000 pages of 18 documents that are left in Monsanto's 19 possession and 800,000 pages in the 20 archive. You have already given us 21 400,000 pages. 22 A. Well, you asked if there could be those 23 kinds of documents in both places. And 80 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3002 1 I said yes, that's - 2 Q. Have to be, wouldn't there? 3 A. Well, you said both rather than one or 4 the other. 5 Q. Okay. So you are telling me that all 6 the tests may be over there at Monsanto, 7 then, as opposed to in the archives? A. No, I didn't say that. 9 MR. PECK: Object to the form of 10 the question. 11 Q. (By Mr. Stewart) Let me ask you, 12 Mr. Bistline, if someone asked for tests 13 -- Go back to that -- someone asked for 14 tests and documents that were related to 15 those tests, whether it be soil, air, 16 water -- 17 A. Uh-huh (indicating yes). 18 Q. -- there were soil, air, and water tests 19 performed, were there not, at the 20 Anniston plant? 21 A. Certainly. 22 Q. You don't have any difficulty 23 understanding that question, do you? 81 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3003 1 A. No, sir. 2 Q. If they asked you if they had tested the 3 creek and done any studies on fish, you 4 don't have any problems with that, do 5 you? 6 A. No. 7 Q. So if Charlie framed a question that had 8 to do with fish tests that were 9 conducted by your company prior to the 10 time of our suit at the Anniston plant, 11 you would understand what we meant, and 12 you could retrieve it if it was in these 13 archives, couldn't you? 14 MR. PECK: Related to PCBs? 15 MR. STEWART: Adam, that's not an 16 objection. 17 MR. PECK: Just trying to get 18 clarification of the 19 question. 20 MR. STEWART: That's not an 21 objection. Don't -22 MR. PECK: Object to the form of 23 the question. It's 82 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3004 1 incomplete. 2 Q. (By Mr. Stewart) You could retrieve 3 that, couldn't you? 4 A. If you are saying related to PCBs, yeah. 5 Q. Well, if it wasn't related to PCBs, it 6 wouldn't be in the archives? Is that 7 what you're saying? A. If the testing was not done in relation 9 to PCBs, it may not be in the archive. 10 It may be at the Anniston plant outside 11 the archive. 12 Q. May be in the Anniston plant? 13 A. Correct. 14 Q. Are you saying, Mr. Bistline, that y'all 15 have some tests or documents that were 16 related to this case that were produced 17 some time the first part of this year 18 that came from the Anniston plant that 19 had to do with fish tests? 20 A. I'm not saying that at all. All I'm 21 saying is that - 22 Q. Where did the - 23 A. If you would let me finish. 83 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3005 1 Q. I'm sorry. 2 A. All I'm saying is that if you ask for a 3 category of documents that didn't 4 specifically relate to PCBs, we would 5 probably have to look at the Anniston 6 plant for them. 7 Q. May be there? 8 A. They may be there. 9 Q. How many documents do y'all have there? 10 A. I said before, I don't know how many 11 documents they have there. 12 Q. Where are they housed? 13 A. In various locations in the plant, 14 depends on the kind of documents. 15 Q. Who maintains them? 16 A. Depends on the type of document. 17 Q. So say you would have to ask more than 18 one person? 19 A. Well, if we knew what kind of document 20 we were looking for. 21 Q. PCB production documents. 22 A. They would not be at the Anniston plant. 23 That would be part of the big PCB 84 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3006 1 archive. 2 Q. Test documents. 3 A. For? 4 Q. Fish, Choccolocco Creek. 5 A. Testing for what? 6 Q. Any test that you did in Choccolocco 7 Creek? A. Well, if it was for PCBs, that would be 9 part of the PCB archive. 10 Q. Okay. Test documents that were related 11 to parathion? 12 MR. PECK: When you're talking 13 about PCB archive, do you 14 mean the broad sense? 15 A. The broad collection. The parathion 16 tests, would probably be at Anniston. 17 Q. (By Mr. Stewart) So the Ferguson study 18 that y'all presented to Mr. Owens and 19 them -- or not Mr. Owens, but Mr. Wright 20 and them in connection with the Owens 21 case and then later told us about it, 22 came from Anniston; is that correct? 23 MR. PECK: Object to the form of 85 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3007 1 the question. 2 A. I don't know specifically the answer to 3 that. 4 Q. (By Mr. Stewart) Who would know the 5 answer to that? 6 A. Well, if I knew specifically -- if I saw 7 specifically the document, I could probably figure it out. 9 Q. Are you familiar with the test that the 10 Professor from Mississippi did -- I 11 think it was Mississippi State did in 12 connection with parathion in about '66? 13 A. I am not. 14 Q. Okay. 15 A. I am not. 16 Q. So sitting here today, you wouldn't know 17 whether it came from the Anniston 18 documents or the PCB archive? 19 A. If it was a test -- fish test for 20 parathion, my assumption would be that 21 it did not come in the PCB archive. 22 Q. It came from? 23 A. It came from the Anniston plant. If 86 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3008 1 that's what that particular document is 2 about. 3 Q. Okay. Do you know the number of 4 documents, size of documents, quantity, 5 pages, boxes, that are located in the 6 Anniston plant that are related to PCBs, 7 or to the operation of that plant? A. Well, those are two different questions. 9 Q. PCBs first. 10 A. There should not be documents at the 11 Anniston plant related to the 12 manufacture and sale or PCB business. 13 Q. When did they leave? 14 A. They should have been collected during 15 the period 1970 to 1980, when we were 16 collecting for the PCB archive. We 17 didn't leave those kinds of documents at 18 the plants. 19 Q. So any tests that were performed, any 20 medical work that was done, any kinds of 21 things that were done like that, you all 22 would have removed from the Anniston 23 plant if they were related in any way to 87 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3009 1 PCBs ? 2 That would have been the objective, you 3 know. We're not a hundred percent 4 accurate on everything. 5 Q. 6 A. I understand. But that would have been the objective. 7 Q. Anything that had to do with the production of it and the waste stream, 9 anything like that? 10 That would have been part of the 11 documents that the attempt was made to 12 collect, all of them in that time frame. 13 Q. Any communications of local regulators 14 or anything like that, that would have 15 been - 16 That would have all been part of what 17 was the objective to collect. Yes. 18 MR. PECK: Take a break? 19 [A break was taken.] 20 Q. (By Mr. Stewart) What is the source - 21 We may have covered this, but I want to 22 make sure that we do. 23 What is the source of all these Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013010 1 documents, whether they be at Monsanto 2 or Solutia or at the archives? 3 A. Well, these are documents that were 4 generated in the course of our business 5 of manufacturing and selling PCBs. 6 And that would also include 7 advertisements and things like that? A. It wasn't a very heavily advertised 9 product. 10 Q. Sales promotions? 11 A. Very little of that. We sold mostly to 12 industrial companies. There wasn't much 13 by the way of sales promotion. 14 Q. Communications to those customers, 15 though, about product and stuff like 16 that? 17 A. To the extent that they were still in 18 existence when we swept for documents, 19 yeah. 20 Q. When you did what, now? 21 A. When the sweeps, when the document 22 collection efforts were undertaken. 23 Q. Maybe I'm missing something, but I 89 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13011 1 thought that there had been some group 2 of documents that had been pulled 3 together at some point in time before 4 1981 by a gentleman named Papageorge? 5 A. Mr. Papageorge had his files. 6 Q. And those were -- I mean, some of these 7 people that have testified earlier in connection with this case, Tom, have 9 indicated he was Mr. PCB and that that 10 was his responsibility, to gather 11 documents and to gather files on PCBs 12 and to sort of handle problems that 13 began cropping up with the PCB 14 production and the PCB product beginning 15 in the '60s. 16 MR. PECK: Object to the form of 17 the question. 18 Q. (By Mr. Stewart) Is that fair? 19 A. My understanding is that Mr. Papageorge 20 would not have been collecting documents 21 on the manufacture and sales of PCBs as 22 an objective of his gathering of 23 information. 90 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13012 1 Q. What were his files? What did they 2 consist of? 3 A. I don't know because I never saw his 4 files. 5 Q. What did you understand they consisted 6 of? 7 A. What he has described are documents relating to the issue of PCBs in the 9 environment as it began to emerge from 10 the late '60s and going forward and what 11 was considered to be the appropriate 12 response by Monsanto to that issue as it 13 developed. 14 Would that include those IBT studies and 15 things like that? Would they have been 16 in Mr. Papageorge's files? 17 A. I don't know whether they would have 18 been or not. 19 Q. Stuff like communications with a person 20 like Renate Kimbrough be in these files, 21 that are related to PCBs? 22 We're talking about just out of the 23 whole document collection again or 91 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13013 1 Mr. Papageorge's files? Or what are we 2 talking about? 3 Q. The whole universe of these documents. 4 MR. PECK: Object to the form of 5 the question. 6 (By Mr. Stewart) I assume they started 7 with Mr. Papageorge. Are you saying that his files weren't subsumed into 9 these universal set of documents? 10 A. I believe they were. 11 Q. So there's a possibility that if he had 12 some communication or if someone from 13 Monsanto had some communication with 14 Renate Kimbrough, those would have 15 probably been in his files? 16 A. If he had communications with her, yes. 17 Q. Or if somebody from Monsanto did about a 18 response that they might make, perhaps, 19 a study that she did? 20 A. It's possible. 21 Q. And then that would have been subsumed 22 into the documents that you all would 23 have perhaps even put in the archives? 92 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13014 1 A. That would have been the objective, 2 would be to collect all the documents 3 that related to PCBs, yes. 4 So if somebody asked for something about 5 Renate Kimbrough, that's probably in the 6 archives? 7 MR. PECK: Object to the question the way it's asked, attempts 9 to invade the privilege. 10 A. Could be. 11 Q. (By Mr. Stewart) And what would be 12 privileged about the communication with 13 a scientist who worked for the CDC? 14 A. In what context? I'm not sure I 15 understand your question. 16 Q. Communications with a scientist while 17 she was an employee for CDC? 18 A. What would be privileged about that 19 communication? 20 Q. Yeah. 21 A. I'm not aware of any privilege that 22 would attach to it. 23 Q. What would be privileged about what you 93 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13015 1 pay that person? Renate Kimbrough is an 2 expert. What privilege would there be 3 about any document that had to do with 4 what you paid her? 5 MR. PECK: Object to the form of 6 the question. When? 7 MR. STEWART: Doesn't matter. A. Again, Mr. Stewart, I'm not aware of 9 any. 10 Q. (By Mr. Stewart) So if you paid Renate 11 Kimbrough to consult with you as an 12 expert and someone later asked for that 13 information, that's certainly not 14 privileged, is it? 15 A. Could be. 16 Q. How? 17 A. Well, again, I'm not an expert on 18 Alabama procedural law, but in general 19 if an expert is retained for 20 consultation rather than testimony, that 21 relationship is a privileged 22 relationship with counsel. 23 Q. Let's say she later testifies. Wouldn't 94 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13016 1 that sort of destroy that? 2 MR. PECK: Object to the form of 3 the question, foundation. 4 A. I'm going to defer to Adam on the 5 matters of Alabama law. 6 Q. (By Mr. Stewart) Well, let's say in ol' 7 Missouri. You're familiar with that, aren't you? 9 A. I'm familiar with Missouri law. 10 Q. In Missouri if somebody says, I'm going 11 to hire this consultant and later I'm 12 going to stick him up to testify, 13 wouldn't that sort of break that 14 privilege? If you had paid them, same 15 person? 16 A. If we're talking about the same subject 17 matter, yeah. 18 Q. PCBs ? 19 A. Could. 20 Q. Back to this original set of documents. 21 Y'all put together -- or Mr. Papageorge 22 put together an original set of 23 documents that was subsumed into these 95 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13017 1 documents, that's taken up in these 2 documents, as far as you know, that are 3 now housed in part at North Carolina? 4 MR. PECK: Object to the form of 5 the question. The way that's 6 asked attempts to invade the 7 privilege. A. I'll just repeat what I said before: 9 The objective in collecting the 10 documents was to collect all of the 11 documents. 12 Q. (By Mr. Stewart) Are you saying you 13 don't know whether Mr. Papageorge's 14 documents are located in North Carolina 15 or not? 16 MR. PECK: Object to whether or 17 not he knows -- answering 18 that question as to whether 19 or not Mr. Papageorge's 20 documents are now in North 21 Carolina, would, by it's very 22 definition, tell you 23 something about how the 96 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13018 1 documents are selected by the 2 lawyers. And that is the 3 nature of the privileged 4 objection. 5 MR. STEWART: So you're saying - 6 This thing sort of grows on 7 it. 8 Q. (By Mr. Stewart) But you're saying, 9 Tom, that the fact that they would 10 select a nonprivileged document to house 11 in North Carolina -- I'm not saying that 12 category -- that automatically makes it 13 a privileged document? Is that your 14 position? 15 A. No, as I think we have articulated - 16 Q. I'm trying to understand because that's 17 what I thought Mr. Peck just said. 18 MR. PECK: You don't listen very 19 well, Donald. 20 Q. (By Mr. Stewart) The very fact that you 21 would take a document and select it, 22 since a lawyer did the selecting and put 23 it over in North Carolina, would thereby 97 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13019 1 make that a privileged document, even 2 though it was nonprivileged? 3 MR. PECK: That's not what I'm 4 saying. 5 A. That's not what we have been saying. 6 Q. (By Mr. Stewart) What is it that you're 7 saying? I'm trying to understand it. A. Mr. Stewart, what we're saying is that 9 the fact that it was selected and is 10 part of the archive is privileged 11 information. But a discovery request 12 seeking to elicit files of Bill 13 Papageorge is not going to be met with a 14 privilege objection because the document 15 might be located in North Carolina. 16 Q. Okay. What if one just did this: What 17 if one said for a particular category, 18 give me all the documents -- which is 19 what I said earlier -- may be beating a 20 dead horse here -- but give me all the 21 documents that pertain to a certain 22 subject matter, like you just said, Bill 23 Papageorge; if you had to go in the 98 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3020 1 archives, you would have to retrieve it, 2 wouldn't you? 3 A. If it was there, yes. 4 Q. And if someone didn't provide me with 5 all the documents that perhaps they 6 provided somebody else on that 7 particular subject matter, then wouldn't that indicate to you -- and the question 9 was the same in both instances, whatever 10 they were asking for, didn't matter, 11 wouldn't that indicate to you that 12 there's a little more selection going on 13 even after the request is made? 14 MR. PECK: I'd object to the form 15 of the question. 16 A. I couldn't speculate on that, 17 Mr. Stewart. 18 Q. (By Mr. Stewart) How would one know 19 whether or not, Mr. Bistline, that was 20 done or not, if I don't know what's in 21 your document? 22 MR. PECK: Object to the form of 23 the question. 99 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3021 1 A. I don't know because I don't know what 2 questions were asked. I don't know when 3 they were asked - 4 (By Mr. Stewart) I'm saying if the 5 question was identical. If the question 6 was identical and the documents 7 pre-dated those requests, and the document production was different from 9 one case than another, in other words, 10 there was something left out, wouldn't 11 that indicate to you that there was a 12 little bit of selection going on after 13 the request was made? 14 MR. PECK: Object to the form of 15 the question. 16 A. Not necessarily. 17 Q. (By Mr. Stewart) Well, if I asked for 18 all of A, and you had it, and somebody 19 asked for all of A, and you had it, and 20 you produced just a part of A for him 21 and all of A for me, somebody had to 22 make a selection, didn't they, 23 Mr. Bistline? 100 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3022 1 MR. PECK: Object to the form of 2 the question. Calls for 3 speculation. Also goes well 4 beyond the scope of why 5 Mr. Bistline's here. 6 MR. STEWART: No, it doesn't 7 MR. PECK: It does. 8 Q. (By Mr. Stewart) Go ahead. 9 MR. PECK: Show me where on your 10 notice you have indicated 11 that as a category of 12 inquiry. 13 MR. STEWART: Adam, make your 14 objection. 15 Q. (By Mr. Stewart) Go ahead, 16 Mr. Bistline. 17 MR. PECK: We're here to answer 18 the categories of inquiry. 19 He's been noticed as a 20 30(b)(6) and 30(b)(5), and 21 you have indicated the 22 categories to the court. 23 MR. STEWART: I'm asking about how 101 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3023 1 you retrieve documents from 2 the very system that we're 3 talking about and what 4 happens if this problem that 5 I'm talking about occurs. 6 And we're talking about a 7 real fact that had to do with 8 the discovery. 9 MR. PECK: You're not talking 10 about real facts - 11 MR. STEWART: Why we are here. 12 MR. PECK: You're asking rank 13 hypotheticals without any 14 foundation in facts and - 15 MR. STEWART: Hogwash. That's not 16 an objection. Make your 17 objection and let's go on. 18 MR. PECK: My objection is that it 19 goes beyond the scope of - 20 MR. STEWART: You're going to 21 instruct him not to answer? 22 MR. PECK: Yes. 23 MR. STEWART: Mark that, if you 102 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3024 1 would. And let's get the 2 judge on the phone. Because 3 I'm not going to go through 4 this for the rest of the day. 5 Let's call him. 6 I'm asking him about a 7 specific set of facts that we're familiar. 9 [A break was taken.] 10 Q. (By Mr. Stewart) My question to you is 11 fairly simple. If I ask for a category 12 of documents similar to what I have 13 mentioned earlier, and another lawyer 14 does, and that question is identical, 15 and he gets a part of the documents and 16 I get all of them, doesn't that mean 17 that there has to be some selection done 18 in some way, somehow, by an individual, 19 whether it's a Monsanto employee or the 20 lawyers, about what to send to the 21 person that didn't get all of it? 22 MR. PECK: Object to the form of 23 the question. 103 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3025 1 A. I would say that it could indicate just 2 as easily that, first of all, the timing 3 may be different. And as you know, 4 there was a period of time when the 5 Abernathy case was stayed. 6 Q. 7 A. (By Mr. Stewart) What, now? It could indicate that the documents were retrieved from different places. 9 So the timing there could have an impact 10 upon when the documents were acquired 11 and produced. 12 Q. Now, I want you to explain what you have 13 just gotten through telling me, because, 14 frankly, I'm having difficulty 15 understanding it. 16 A. Okay. We're all aware, are we not, that 17 there was a period of time when the 18 Abernathy case had been stayed by the 19 Alabama Supreme Court. 20 Q. Right. 21 A. And discovery responses that were made 22 in another case during that time period 23 would not necessarily have been 104 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3026 1 responded to in Abernathy. So add to 2 that the fact that -- and I'm not clear 3 from your hypothetical whether the 4 documents that were sought related to 5 topics dealing historically with the 6 manufacture and sale of PCBs or 7 whether - 8 Q. They did. 9 A. -- they related to perhaps other topics. 10 Q. They did. In my hypothetical, I asked 11 you to assume it was related to PCBs? 12 A. I didn't understand that. I apologize. 13 Q. In my hypothetical the same category of 14 documents were asked for. 15 A. If it was the same discovery request - 16 Q. In one instance a lawyer got a part of 17 those documents, and in another instance 18 a lawyer got all of them. 19 A. Well, I can't explain that to you then. 20 Q. Because under the -- and my question to 21 you was would that not indicate that 22 somebody did some selective judgment 23 after you put the archive together. 105 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3027 1 Because all this occurred after 1981. 2 MR. PECK: Object to the form of 3 the question. 4 A. All I can say is that all of the 5 discovery responses are responses 6 designed to be full and complete 7 responses. That's certainly the obj ective. 9 Q. (By Mr. Stewart) That's not what I'm 10 asking. I'm asking you if that does not 11 indicate to you sitting here today that 12 one guy got a part of what was asked for 13 and one guy got all of it. 14 MR. PECK: Object to the form of 15 the question. Calls for 16 speculation. 17 A. That's a possible explanation but 18 perhaps not the real reason. 19 Q. (By Mr. Stewart) Now, that would mean 20 that there is some subjective 21 decision-making that goes into the 22 process of who gets what -- if they came 23 out of this archive -- out of the 106 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3028 1 archive; isn't that correct? 2 A. No. 3 Q. If both of those sets of documents or 4 part of both of those documents, any of 5 it came from the archives -- Let's just 6 say all of it came from the archive, and 7 one got part and one got all of it, you're not saying that there's some 9 subjective judgment? 10 A. About who should get what? 11 Q. Right. 12 A. I don't believe that's been the case 13 here. 14 Q. And how you would respond? 15 A. That's correct. 16 Q. We're not necessarily talking about - 17 so you understand, Tom, about this 18 particular case? 19 A. Then I'm totally at sea, Donald. I 20 don't know what you're talking about. 21 Q. I'm not necessarily talking about this 22 particular case. Let's say we find out 23 that the same questions were asked in 107 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3029 1 our case that were asked in another 2 case, and those very same people got 3 documents that we didn't get. We 4 located documents that were -- should 5 have been provided to us, should have 6 been responsive to our specific request, 7 and we have to locate them by going to another firm? 9 MR. PECK: Object to the form. 10 MR. STEWART: Let me lay the 11 predicate for him. 12 Q. (By Mr. Stewart) If someone asked about 13 documents in another PCB case after '81, 14 they would have to go to the archive or 15 the universal set of documents? 16 A. Those would be the sources of the 17 documents if they related to the 18 manufacture and sale of PCBs. 19 They did. If there was a PCB case and 20 somebody made a discovery request, it 21 would have to come from those sets of 22 documents, wouldn't it? 23 A. Most likely, yes. 108 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3030 1 Q. And if somebody made a similar request 2 prior to our case and got certain 3 documents and we made a request now and 4 didn't get those documents, can you 5 explain that for me? Is there something 6 wrong with the retrieval system? 7 A. No, sir. There's nothing the matter with the retrieval system. 9 Q. Then somebody had to at least make some 10 kind of judgment that ol' Donald doesn't 11 get what these other people get? 12 MR. PECK: Object to the form of 13 the question. 14 A. I don't buy that. I don't necessarily 15 agree with that. 16 Q. (By Mr. Stewart) But you would admit if 17 I find a set of documents that we asked 18 for in the same fashion that someone 19 else did and they got more than we did, 20 that would certainly be evidence that 21 something went wrong with the system, 22 wouldn't you? 23 MR. PECK: Object to the form of 109 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3031 1 the question. Calls for 2 speculation. 3 A. Again, it might be, but there might be 4 other explanations. I can't - 5 Q. (By Mr. Stewart) I'm talking about 6 nonprivileged documents because they 7 were produced in another case. They had to do with things that were related to 9 information that Monsanto had about PCBs 10 historically. We asked for certain of 11 those things and we didn't get them. 12 A. I'm not aware of that circumstance. 13 Q. But all I'm asking you is if in fact 14 that indicates that there's something 15 wrong with the system? 16 A. And my response would be not 17 necessarily. 18 Q. It would just be a matter of judgment on 19 the part of the person that was 20 retrieving it? 21 It might. It also might be a function 22 of the way the discovery demand was 23 made. 110 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3032 1 Q. Maybe the discovery demand was poorly 2 made? 3 A. Possibly, yes. 4 Q. Which would mean that someone has to sit 5 there and say, well, they didn't 6 necessarily ask quite as well as these 7 people for these documents, so let's make a judgment as to what to give them, 9 and let's leave something out. Isn't 10 that right? 11 A. No. 12 MR. PECK: Object to the form of 13 the question. 14 (By Mr. Stewart) If I didn't get it and 15 he got it, what do you mean about the 16 way the discovery -- Maybe it didn't ask 17 specifically enough for it to identify 18 it specifically enough? 19 MR. PECK: Object to the form of 20 the question. Calls for 21 speculation. 22 A. That, again, is a possible explanation. 23 Q. (By Mr. Stewart) That's a possible Ill Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3033 1 explanation. Now, if you don't know 2 what categories of documents you have 3 got there, how do you know what to ask 4 for? 5 A. Well, I assume, Mr. Stewart, that you 6 know your case, and you know that claims 7 that you're making, and you know what might be relevant to that. And you're a 9 good lawyer, from my estimation, my 10 observation. You know how to ask for 11 documents. 12 Q. Let me ask you this, Mr. Bistline: 13 You're saying you know how to ask for 14 documents -- we know how to ask for 15 documents; wouldn't it be fair to say 16 that those documents that were related 17 to a specific category of PCBs, like 18 testing or something -- that's not real 19 hard to frame, is it? 20 A. I don't know what categories that you 21 have in mind. 22 Q. What about documents that are related to 23 environmental concerns about PCBs? Do 112 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3034 1 y'all have them put that way or 2 categorized that way, environmental 3 issues? I'm not talking about -- I'm 4 just talking about generally in the 5 company. Did y'all have sort of a break 6 there where you had environmental kind 7 of matters and then health and safety matters ? 9 MR. PECK: Are you talking not - 10 before the creation of the 11 archive? 12 MR. STEWART: Yeah. 13 A. (By Mr. Stewart) Mr. Papageorge, I 14 think, was probably the first 15 environmental employee of any company in 16 this. 17 Q. But you also had health and safety 18 people before that time? 19 A. Certainly. 20 Q. And isn't it true that at one point in 21 time these documents were segregated 22 before this archive thing took place, in 23 health and safety documents and then 113 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3035 1 environmental type documents? 2 A. Well, to the extent that different 3 employees had different functions in the 4 company, their files would reflect 5 different subject matters. 6 Q. Tell me who the health and safety person 7 was who had those files and they were 8 then placed in this archive? I mean, I 9 assume they were swept up too? 10 A. That was the objective -- 11 MR. PECK: You're talking about 12 what -- 13 A. The broad collection? 14 Q. (By Mr. Stewart) I'm talking about -- 15 They did a sweep in '81 of all the 16 documents, and I assume that they took 17 all those documents -- and I was going 18 to ask about that, and this might be a 19 good time to do it. 20 I assume they took all those 21 documents and sat down in a room and 22 made some kind of selection or told 23 somebody how to do it. Isn't that 114 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3036 1 correct? 2 A. That's approximately, right. 3 Q. So all those documents would have been 4 together at one time, I assume, in a 5 nonprivileged fashion, even to the 6 extent of indexing them. Because they 7 were all in someplace; you had to get them someplace. 9 A. They were in several places, and they 10 were collected. 11 Q. But you had to get them in some place, 12 did you not, and then start the process. 13 Is that how it happened? 14 I'm not sure whether they were all 15 collected in one place or whether there 16 were several places that had collections 17 that they went and looked at them and 18 made the decision. 19 Q. And then began -- Where were those 20 several places? 21 A. There were probably documents in 22 storage. 23 Q. In St. Louis or elsewhere? 115 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3037 1 A. St. Louis. But the storage facility is 2 different from the general office 3 facility. There probably would have 4 been files in -- again, the possession 5 of people who were working with them at 6 that point. I don't know whether there 7 were any files that we had to retrieve from counsel. I don't think so. 9 Q. Where? 10 A. That may have been in the possession of 11 outside counsel. I don't believe there 12 were. But I think -- Well, would have 13 had to visit Krummrich and Anniston and 14 make sure we had all the documents from 15 there. Because those are the two 16 production facilities. 17 Q. I thought you said that those were left. 18 A. No, we did not leave those documents in 19 the plants. 20 Q. Picked all the PCB documents up that 21 went in the archive? 22 A. In the general collection, yes, that was 23 the objective, was to collect all those 116 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3038 1 documents, after the '78 or '79 time 2 frame. 3 Q. And then you were talking about health 4 and safety. There was somebody else 5 other than Papageorge who kept, I guess, 6 a larger file on the health and safety 7 issues that were related to PCBs that you also went to? 9 A. Well, there were a number of people in 10 that health and safety. 11 Q. Who? 12 A. It was Dr. Kaley's organization. 13 Q. That would be - 14 A. That would be the toxicology people and 15 possibly industrial hygiene and 16 occupational medicine. 17 Q. And would it be fair to say that 18 Mr. Papageorge was environmental? 19 A. That was his main charge. 20 Q. And it would be his responsibility to 21 deal with scientists, regulators, people 22 like that on the environmental issues 23 and how Monsanto responded to that? 117 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3039 1 A. Yes . 2 Q. And the health and safety issues were 3 related to your plant, plant operations 4 and workers and industrial hygiene. And 5 that was handled by Dr. Kaley and who 6 else? 7 A. Well, Mr. Papageorge may have had some involvement in that, but primarily that 9 would have been Dr. Kaley, Mr. Wheeler, 10 possibly Mr. Garrett, and folks that 11 worked with those folks. 12 Q. What kind of things did they do in that 13 area that would have generated 14 documents? Were they the ones that were 15 looking at the scientific side of 16 toxicological, epidemiological studies? 17 A. Toxicology was within Dr. Kaley's 18 organization. 19 Q. Rat, chicken tests, all that would fall 20 into that category? 21 A. They would have been involved in that, 22 yes. If it involved PCBs, Bill 23 Papageorge probably had some involvement 118 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3040 1 as well. 2 Q. At the time that those people maintained 3 them -- and I would assume they 4 maintained like you ordinarily -- They 5 weren't doing that in anticipation of 6 litigation in the late '60s or something 7 like that? A. The tox testing? 9 No. Just maintaining of the documents, 10 Mr. Wheeler and Kaley and Papageorge? 11 Keeping those documents? 12 A. In the normal course of business, yes. 13 Q. What drove the engine to generate the 14 kind of interest in putting these 15 documents into a litigation archive in 16 '81 and '82? 17 A. The pendency of litigation. 18 Q. What litigation? 19 A. I can't call off the cases for you, 20 Mr. Stewart. I think Mr. Nassif makes 21 reference to it in his affidavit. 22 Q. Thirty-four cases, including - 23 A. Is that the number? It's in there. 119 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3041 1 Is there some kind of compilation of 2 those cases that you all have already 3 provided us? 4 A. I don't know whether a compilation of 5 cases has been provided or not. 6 Q. Is there a compilation of cases? 7 A. We have a list of PCB cases, yes. 8 Q. And do you have in connection with those 9 cases files that indicate the documents 10 that have been produced? 11 A. For some. 12 Q. Which ones? 13 A. I couldn't tell you offhand. 14 Q. Would you be the one to ask for that? 15 A. It would be -- That information would be 16 something that my group may have some 17 information on or the Smith Helms firm. 18 Q. You're not saying that's privileged, are 19 you? 20 A. Depends on what you're asking for, sir. 21 There is information about prior 22 litigation that is privileged, yes. 23 What I'm asking you is the indexes of 120 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3042 1 document that you have produced. 2 A. If an index was prepared by counsel, it 3 may be privileged. 4 Q. You mean the index of documents you 5 produced for public record are 6 privileged. Is that what you're saying? 7 I'm not sure I understand your question. What do you mean? 9 Weren't those documents produced in some 10 response to some kind of request for 11 production in the case? 12 A. Produce documents in response for 13 request for production? Yes. 14 Q. And you're saying they are perhaps 15 privileged because an index would have 16 been prepared by Mr. Kelly? 17 A. Absolutely not. I'm saying the index 18 itself may be counsel's work product. I 19 wouldn't know without looking at it. 20 But you kept files on certain cases, and 21 that would have given someone an 22 indication of what documents you 23 produced? 121 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3043 1 A. As I said before, we have that 2 information for some cases; I don't 3 think we have it for all of them. 4 What about the Anniston case? Do y'all 5 have a file that's called the Anniston 6 file that would say what documents were 7 produced? A. I don't have such a file, no. 9 Q. You don't have it in the archives? 10 A. As I said before, I don't have such a 11 file. 12 Q. Do you have Anniston plant documents 13 that are segregated or set aside in the 14 archives? 15 MR. PECK: Object to the way that 16 question is asked, Donald. 17 You're asking him for the 18 organization of the archive. 19 MR. STEWART: No. I'm asking if 20 within -- ask it this way. 21 Q. (By Mr. Stewart) If one asks for those 22 documents that were related to PCB 23 production at the Anniston plant, 122 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3044 1 including communications with anybody, 2 could you retrieve that? Internal, 3 external, whatever? Could you retrieve 4 that from the archives? 5 MR. PECK: You're talking about 6 the broad collection of - 7 MR. STEWART: No, sir. I'm talking about these archives. 9 (By Mr. Stewart) Can you retrieve that? 10 Do you have the capability to do that if 11 somebody asks for that? 12 A. Are you talking about the North Carolina 13 archives? 14 Q. Yeah. 15 A. Then I have to say that that specific 16 question is going to require me to 17 reveal how that archive is organized. 18 Well, could you retrieve it from the 19 universe of documents that you have got, 20 anything that is related to PCB 21 production in Anniston? 22 A. Our objective was to select all those 23 documents, and to the extent that they 123 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3045 1 were in existence when we collected them 2 and we have them, yeah, we'd look for 3 them and reproduce them. 4 Q. If it related to testing, if it related 5 to correspondence with regulators, if it 6 related to contributions y'all might 7 make to politicians, you would have it all, wouldn't you? 9 A. 10 Regulators and things like that relating to PCBs, the objective was to collect 11 it. We have never contributed to 12 politicians in connection with PCBs. 13 Now, let me ask you if y'all gathered up 14 the studies that had been done about 15 PCBs, all the studies? 16 A. All the studies that we had done? Yes. 17 Q. Or anybody else had done? 18 A. Well, to the extent they were in the 19 published scientific literature. 20 Q. And the production and details and 21 procedures about the manufacturing of 22 the product? 23 Did we collect that information? 124 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3046 1 Q. Yes . 2 A. Yes, we did. 3 Q. And that would include detailed things 4 about how to produce PCBs? 5 A. Those -- Yeah. That information would 6 be in the standard manufacturing process 7 manual. 8 And that would also include the waste 9 stream that would come off of PCBs, 10 wouldn't it? 11 A. It might. 12 Q. Well, if it does it, why wouldn't it? 13 A. In the SMP, Standard Manufacturing 14 Process ? 15 Q. Yeah. 16 MR. PECK: Object to the form of 17 the question. 18 A. Again, it may and it may not. 19 Q. (By Mr. Stewart) Do you know of a 20 process, any manufacturing process, that 21 you all have where you don't tell what 22 waste stream would be generated? 23 A. I'm going to have to confess, I'm not an 125 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3047 1 engineer, so I don't really know. 2 Okay. But that's generally designated, 3 isn't it, the waste stream that would 4 be - 5 A. 6 I would expect it to be - MR. PECK: Object to the form. 7 A. But, again, it either is or isn't. And the document's going to have it or not. 9 Q. (By Mr. Stewart) Right. And we have 10 already talked about correspondence with 11 regulators that would be apparently in 12 Mr. Papageorge's stuff, and then 13 anything that was generated after that, 14 I assume -- and that sort of brings me 15 to a question I wanted to ask. What 16 happens to documents that were generated 17 after 1981? Was this an ongoing 18 process? Where if something was 19 generated after 1981, then y'all went 20 through the same process to put it in 21 the archives or to leave it with 22 Monsanto or Solutia? 23 A. We were not making PCBs after 1977. 126 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3048 1 Q. So you're saying there are no documents 2 that were generated after 1981 that 3 would find themselves in the archives? 4 There's no process that took place after 5 that -6 A. Not necessarily, no. 7 Q. So there are some documents that might 8 have been generated after '81 and '82 9 that would be located in the archives? 10 A. There may be. 11 Q. So that would be an ongoing process that 12 takes place. Would that even be going 13 on today, where a document that was 14 generated today, might through the 15 attorney, quote, client selection be 16 made a part of the archive? 17 MR. PECK: Let -- 18 A. I'm not sure -19 THE WITNESS: Go ahead. 20 MR. PECK: I'm just going to 21 instruct you that in 22 answering this question -- In 23 allowing him to answer the 127 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3049 1 question, I'm not intending 2 to waive privilege on it. I 3 think the question as phrased 4 comes very close to the line, 5 but I think he can answer it 6 without waiving the 7 privilege. And by letting 8 him answer I don't want you 9 to later say I'm waiving the 10 privilege. 11 Q. (By Mr. Stewart) Mr. Bistline, what I'm 12 asking you is you have indicated the 13 process started in '81 and '82. 14 A. Well -- 15 Q. And I'm asking you if documents that 16 were generated by some means or method, 17 you later discovered documents, or 18 documents that were generated after that 19 time found their way into the archives 20 and did so during this same selection 21 process that we're talking about? 22 A. The answer is yes, documents both -- in 23 both categories, both generated after 128 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3050 1 '82 and those that were discovered after 2 '82, are and have been evaluated for 3 inclusion in the archive by counsel. 4 Q. What's the criteria by which you would 5 make a decision as to whether or not to 6 take a look at those documents and see 7 whether they fit or not? Who makes that decision? Is that a decision that's 9 made by you or made by Smith Helms, or 10 who does it? 11 A. Well, I can't tell you the specific 12 criteria we use to evaluate those 13 documents. That would invade the 14 privilege. 15 Q. Let me just ask it this way: Who does 16 that? Who makes the decision that 17 you're going to look at them and apply 18 those criteria and make a decision as to 19 whether or not a document might make it 20 into the archives or not? 21 A. Counsel, either -- I can't recall that I 22 have done that recently, but it would be 23 counsel that looks at the documents and 129 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3051 1 makes that decision. 2 Q. So there could be some documents that 3 were generated at the Anniston plant 4 after '93 that are in these archives now 5 that are related to remediation or 6 addressing the problem down there that 7 are generated by employees or Monsanto, talking back and forth to each other 9 correspondence-wise, memos or something 10 like that, that y'all made a judgment 11 about since that time that made their 12 way into the archives? 13 A. I think that specific -- remediation 14 documents have not been added to the 15 archive. 16 I don't mean remediation documents. I 17 mean correspondence that might be 18 related to those between employees of 19 Monsanto - 20 A. I don't believe those would be included 21 in the archives. 22 Q. What about the '80s? You were there 23 after '85 and in charge of this. Were 130 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3052 1 there some documents that might have 2 been generated during the '80s that were 3 related to PCBs that had to do with 4 correspondence that might have found 5 their way into the archives? 6 MR. PECK: I'm trying not to 7 hamper this with the 8 privilege issue and let you 9 ask your questions. I also 10 feel sometimes like you're - 11 I hope you're not -- trying 12 to ask a question that causes 13 a waiver. And by letting him 14 answer these questions, I'm 15 not intending to waive the 16 privilege. 17 I think you're asking 18 whether or not remediation 19 documents go into the 20 archive. 21 MR. STEWART: No. I didn't ask 22 him that. I asked him about 23 documents that were generated 131 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3053 1 internally or externally, 2 however, correspondence, 3 things like that, in the 4 '80s, whether it be with 5 government officials, 6 scientists, be with other 7 manufacturers, whoever, if 8 that found its way into the 9 archive. 10 MR. PECK: Without waiving the 11 privilege and discussion how 12 it is criteria decisions are 13 made, I think you can answer 14 that question, Tom. 15 Obviously, I'm instructing 16 you not to waive the 17 privilege. If you feel like 18 you would -- in answering 19 that you would disclose the 20 thought processes that went 21 into the selection of the 22 documents and the contents of 23 the archive, then don't 132 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3054 1 reveal the information. 2 A. There may have been. As I sit here now, 3 I don't know that there were or not. 4 Q. (By Mr. Stewart) What about 5 communications between Monsanto and 6 folks at Region 4? 7 With respect to PCBs? 8 Q. Yes. The PCB problem. 9 MR. PECK: What time period? 10 MR. STEWART: In the '80s. 11 MR. PECK: Same instruction I gave 12 you a minute ago. Same 13 objection. 14 A. They may. 15 Q. (By Mr. Stewart) They may have made 16 their way into the archive? 17 A. They may; they may not. As I sit here, 18 I don't know. 19 Q. Well, there were some documents 20 generated during that time that were 21 related to PCBs, were there not, Tom? 22 There probably were, but I can't recall 23 any as I sit here. 133 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3055 1 What about communication with people in 2 Washington during that period of time, 3 regulators in Washington? 4 A. On PCBs specifically? 5 Q. Right. And on some Anniston plant 6 specifically. 7 A. I don't know about the Anniston plant. I know that there were several submissions made to the government on 10 PCBs over the course of years. 11 Q And have those been placed in the 12 archives, since those are in the public 13 domain, sort of left them there? 14 A I don't know whether they were left 15 there or not. 16 Q But there were some done in '85? 17 A Some what done in 1985? 18 Q Submissions to the government in 19 Washington about PCBs in '85. 20 A Specifically in '85? I don't recall. 21 Q Or in the '80s? 22 A In the '80s, yes. 23 Q Now, what about the PCB problem or 134 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3056 1 correspondence that might have been 2 related to the PCB problem in Anniston, 3 say, in the '80s, that might have been 4 aimed at the state government? Do you 5 know of any of those that have made it 6 into the archives? 7 MR. PECK: Object to the form of the question. I'm going to 9 give the same instruction I 10 have been giving you: Do not 11 disclose the contents of the 12 archive or the selection 13 process in answering each 14 question. I'm not sure the 15 question can be answered 16 without doing that. 17 A. My answer, Donald, is I don't know. 18 Q. (By Mr. Stewart) Would it be likely 19 that documents that were related to a 20 PCB problem, such as correspondence with 21 state officials, memoranda about meeting 22 with state officials in the '80s made 23 its way into the archives? 135 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3057 1 MR. PECK: Same instruction. Same 2 objection. 3 A. I don't know that it would, not into 4 that particular archive. 5 Q. (By Mr. Stewart) Probably be in the one 6 that's held by Monsanto and then passed 7 off to Solutia? A. It may be there. It also may be just in 9 Anniston plant files. 10 Q. At the Anniston plant? 11 A. Correct. 12 Q. Maybe you told me, but can you tell me 13 again -- I keep forgetting things; I 14 guess I'm getting older -- but how many 15 documents there were, boxes, pages, in 16 Anniston? 17 A. I don't know. 18 Q. But you are not claiming those are part 19 of these archives here, are you? 20 MR. PECK: Object to the form of 21 the question. 22 A. Make sure I understand what your 23 question is. 136 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3058 1 Q. (By Mr. Stewart) The ones that are 2 left. 3 MR. PECK: The ones that are left? 4 MR. STEWART: In Anniston. 5 Q. (By Mr. Stewart) I thought you said 6 there were some left there. I assume 7 there were hard documents that y'all left at the plant. You in fact said 9 earlier that y'all had retrieved some. 10 A. Our objective when we constituted the 11 PCB document collection was to retrieve 12 all the documents related to the 13 manufacture and sale of PCBs from the 14 plant, not to leave them there. So 15 there should not have been any documents 16 like that that were left at the plant. 17 Now, there may have been that we just 18 didn't discover. 19 Q. I just got through asking you about one 20 that had to do with something in '85, 21 and you said that might be at the plant. 22 But that's because it was after '81? 23 A. Because that wouldn't relate to the 137 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3059 1 manufacture and sale of PCBs. It would 2 relate to a regulatory matter affecting 3 the Anniston plant. 4 Q. And that might be there? 5 A. That might be there. 6 Q. Do you know whether y'all have given us 7 all of the documents from the Anniston plant? Did y'all produce all those? 9 A. All - 10 Q. That are related to PCBs? Whether it be 11 with regulator -- that are left there, 12 whatever the heck they are? 13 A. If they have been fairly called for in 14 discovery, they should have been 15 produced to you. 16 I assume that you're taking the same 17 position on those as you are with the 18 other Monsanto documents, that there's 19 no privilege attached to those? 20 A. Unless it's attorney-client 21 correspondence. 22 Q. Okay. So then a general request to 23 review those documents, you wouldn't be 138 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3060 1 opposed to? 2 A. I'd have to see the request. 3 Q. Just general request to review the 4 documents that are not privileged? 5 A. I would say that's probably going to be 6 too general for us to know what you're 7 looking for. 8 Q. You can assemble them? You have 9 indicated to me they're not a part of 10 the archives, what's left. And you have 11 indicated to me that they are there at 12 the plant, and you have indicated to me 13 that you're not claiming the privilege 14 that Mr. Kelly and Mr. Peck are claiming 15 for these archived documents? 16 A. That I'm claiming also for the archived 17 documents. 18 Q. That you are. What privilege -- other 19 than communication between 20 attorney/client, what makes those 21 documents not subject to review? 22 A. I'm not saying they're not subject to 23 review. But you know the rules of 139 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3061 1 discovery, the Alabama rules, better 2 than I do, that you have to reasonably 3 specify the documents that you want to 4 look at. I'm not going to sit here and 5 debate phraseology on discovery demands. 6 Q. So you're saying that if someone asks to 7 take a general look at those documents that are related to PCBs, you couldn't 9 put them in a room somewhere similar to 10 what you have done otherwise? 11 A. I'm saying that might not necessarily be 12 an appropriate discovery demand. 13 Q. Well, do y'all have those documents that 14 are related to PCBs located in one place 15 in the plant? 16 A. I don't know. Probably not. 17 Q. What kind of repository or document 18 storage facility did you have there at 19 the plant? 20 A. At the Anniston plant? I don't know. 21 Q. But you're saying that unless we ask for 22 specific documents by name, then we 23 can't come out there and look at what 140 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3062 1 documents y'all have. 2 A. That's not what I said. I said if you 3 make an appropriate discovery demand - 4 Q. To look at the documents would not be an 5 appropriate discovery demand, related to 6 PCBs ? 7 Again, Mr. Stewart, I'm not an Alabama lawyer, and I don't know the ins and 9 outs of Alabama discovery rules. 10 MR. PECK: If you made such a 11 request, you would consult 12 with us, and we would 13 respond, I think is what he's 14 trying to say. 15 Q. (By Mr. Stewart) And you have told me 16 that there was not an index before 1981? 17 A. Not that I'm aware of. 18 Q. Other than perhaps what maybe 19 Mr. Papageorge did or Mr. Wheeler or 20 Kaley did of their own documents? 21 A. If they did such. I'm not aware that 22 they did. 23 Q. Do you know whether or not they 141 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3063 1 categorize those documents by subject 2 matter or chronologically? 3 A. It's probably some of both. 4 Q. And where were they housed? 5 A. Their files would have been housed where 6 they officed. 7 Q. In St. Louis? 8 A. St. Louis, yes. 9 Q. And there was nothing unique about the 10 chronological or categorizing that they 11 did; they were just sort of kept in the 12 normal course of events? 13 A. They would have organized them as best 14 suited their purposes. 15 Q. In other words, if they had 16 epidemiological studies, they would 17 probably keep those together. Rat 18 studies and everything, they would 19 probably keep those together? They 20 wouldn't just sling them around the room 21 somewhere; there would be some kind of 22 systematic organization where you would 23 find one thing that related to those 142 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3064 1 kinds of studies or the study, say, in 2 one particular area? 3 A. Could have. 4 MR. PECK: Object to the form of 5 the question; no foundation. 6 A. I don't specifically know exactly how 7 their files were organized. 8 Q. (By Mr. Stewart) Isn't that in fact 9 about the only way that you can organize 10 a set of documents like this, to either 11 do it chronologically or to do it by 12 subject matter? When you have got a 13 mass of documents, say 800,000 pages of 14 documents, you have got a mass of 15 documents, isn't that about what you 16 have to do? 17 MR. PECK: Object to the form of 18 the question. 19 A. Those are two ways you could do it, 20 yeah. 21 Q. (By Mr. Stewart) What other ways would 22 you suggest, just organizationally, that 23 you would do it, other than doing it 143 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3065 1 chronologically or other than doing it 2 by subject matter? 3 A. Subject matter takes in a lot of 4 territory, so I suppose that would cover 5 it. 6 That would cover it. One would have to, 7 with 800,000 pages of documents, you or me or anybody else, wouldn't they, say, 9 "Look, Fellows; we never will be able to 10 find this thing unless we do it by 11 similar types of things"? 12 MR. PECK: Object to the form of 13 the question. 14 Q. (By Mr. Stewart) You know, organize and 15 group them by similar types of things? 16 MR. PECK: Object to the form of 17 the question. 18 A. You have to organize them somehow, yes. 19 Q. (By Mr. Stewart) But you would 20 generally organize them by things that 21 were related to one another, either 22 chronologically or by subject matter? 23 MR. PECK: Object to the form of 144 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3066 1 the question. 2 (By Mr. Stewart) Correspondence would 3 probably be -- about a particular 4 subject would generally be someplace? 5 A. The answer to that is no. 6 Q. There's some other way? You have 7 decided there's some other way to do that? 9 A. That's what -- a litigation support 10 system. 11 Q. Let's just take a different 12 hypothetical. 13 A. If you're just trying to physically 14 organize a collection of documents 15 without any other assistance, you would 16 have to do some spatial or chronological 17 organization. 18 Q. Right. But there's something unique 19 about this? 20 MR. PECK: If you're asking him 21 how these are organized, 22 Donald - 23 MR. STEWART: I'm not asking him 145 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3067 1 -- I'm just saying it's 2 unique from what I just asked 3 him about, Adam. I'm not 4 asking him to tell me what it 5 is. He can answer that. 6 A. I'd appreciate it if you would ask the 7 question again so I'm sure what it is. 8 Q. (By Mr. Stewart) Okay. Something 9 unique about this thing. It's not 10 chronologically done and it's not done 11 by subject matter? If one were to look 12 at this index of this set of documents, 13 you wouldn't see that, would you? It's 14 unique from all organizational things 15 that I have known? 16 A. It is the product of by counsels' 17 efforts in organization and opinions on 18 how this ought to be done. 19 Right. But what I'm saying to you - 20 What I'm asking you, rather, is it's 21 unique in that it's not done by subject 22 matter; it's not done chronologically? 23 A. Not what I said. 146 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3068 1 MR. PECK: You can't -- Well, the 2 way you have asked that 3 invades the privilege. 4 Because you're trying to get 5 him to rule things out. 6 Basically, you're trying to 7 discover the organization, 8 whether you intend to or not. 9 What the question asks him to 10 do is to rule out different 11 methods of organization. 12 MR. STEWART: Well, I'm stupid in 13 asking my questions. I 14 really don't know where I'm 15 going, so that's probably the 16 reason for it, Adam, I guess. 17 I apologize. You will have 18 to just put up with that. 19 MR. PECK: I'm just stating the 20 basis for my objection. 21 MR. KELLY: Could we have two 22 minutes? 23 MR. STEWART: Let me ask just a 147 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3069 1 series of questions. If you 2 want to go take -- he won't 3 be by himself. Keep on this 4 same thing. 5 MR. KELLY: That's fine. 6 Q. (By Mr. Stewart) Let's just say that if 7 you were involved in a bank case, say somebody sued a bank and wanted to get 9 their records and there were say, 10 800,000, a million records. Tell me, 11 wouldn't you expect -- if you were 12 looking at loans, say, for instance, 13 wouldn't those things be saying "loan 14 files" and things like that, organized 15 like that? 16 MR. PECK: Object to the question. 17 A. If it's a bank branch? 18 Q. (By Mr. Stewart) Yeah. 19 A. Yes. I would - 20 Q. If it had to do with Mr. Jones and the 21 correspondence with Mr. Jones, you would 22 expect the correspondence to be in 23 specific categories? 148 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3070 1 A. Yeah. 2 Q. Not anything unique about that, is 3 there? 4 A. Not about that, no. 5 Q. And, generally, if I'm suing a bank or 6 something like that and I want to look 7 at those documents, and I ask for how those documents -- those particular 9 documents, you couldn't be prevented - 10 nobody could be prevented from looking 11 at them, the million -- set of documents 12 that were indexed according to that kind 13 of categorization, could you? Not on 14 the basis of the privilege you're 15 talking about? 16 A. The documents themselves? No. 17 Q. Right. And the index. 18 A. Depends upon what the index was. 19 Q. I'm talking about if it said "Mr. Jones' 20 loan file," a category. 21 MR. PECK: Created by Mr. Jones in 22 the ordinary course of the 23 business. 149 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13071 1 MR. STEWART: No, a lawyer. 2 Q. (By Mr. Stewart) All loan files that 3 apply to Mr. Jones, and then here are 4 all the loan files. There isn't 5 anything unique about that, is there? 6 MR. PECK: Object to the form of 7 the question. A. If that's all it said. 9 Q. (By Mr. Stewart) What would be the 10 attorney-client -- the judgment or 11 whatever it is selective about that? 12 That is just what's kept in the normal 13 course of events, isn't it? 14 A. The hypothetical way you have stated, 15 yes . 16 Q. No uniqueness about that organization at 17 all, is there? 18 A. As you have stated it, no. 19 Q. And if someone were to ask, I want all 20 the loan files, you would give them all 21 the loan files. And even the 22 description of all the loan files 23 wouldn't be privileged, would it? 150 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3072 1 A. Depends upon whose description it was. 2 Q. The attorneys. Let's just say the 3 attorneys said, "That's our description 4 of the loan file." If those loan files 5 were clean copies and had no comments on 6 them about the attorneys? 7 A. Again, the documents aren't privileged, as you have described them. The 9 description might be. 10 Q. The description of those documents might 11 be? 12 A. By the lawyer might be privileged. 13 Q. And it just said "loan files," then that 14 would be -- Let me ask you the question 15 about your archives. Is there any way, 16 then, to redact or to take away those 17 things in this index that you all have 18 put together that would remove what 19 you're concerned about? 20 A. First of all, that assumes that we have 21 a written index, which we don't. 22 Q. What form does it take? 23 A. We have a system, our computer system. 151 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3073 1 Q. Okay. If one wanted to -- Now, I don't 2 know a whole lot about computers, but if 3 one wanted to pull up something, that 4 would describe all of what you had in a 5 particular category -- I'm not asking 6 any category, not trying to get into 7 that -- you have the capacity to do that, don't you? 9 A. I'm not sure I can answer that question 10 the way you have stated it. 11 Q. You're not a computer person either? 12 A. I am not terribly literate with computer 13 systems, no. 14 Q. You can't get a printout of - 15 A. I'm not sure I understand what your 16 question is. 17 Q. You can't get a printout -- Let's start 18 there. You can't get a printout of 19 what's in the archive? 20 A. Certainly I can. 21 Q. And you can't get a printout of what's 22 in the archive by category? You can, 23 can't you? 152 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3074 1 A. Yeah. 2 Q. And is what you're objecting to, that 3 that printout would contain the lawyer's 4 summary of what that document is? 5 A. It might. It might also - 6 Q. What in there - 7 A. Donald, can I - 8 Q. Go ahead. 9 A. But the objection would also be to the 10 type of category that the document is 11 related to, that particular category as 12 described by counsel. 13 Q. So the document itself or the summary of 14 documents may not be privileged, but the 15 category it's in makes it impossible for 16 us to look at that; is that right? 17 A. No. You can look at the document if an 18 appropriate discovery demand - 19 Q. No, no. I mean looking at the index 20 that you would print out. 21 A. Anything that would reflect an 22 evaluation of the documents of the 23 categories that the document -- that may 153 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3075 1 pertain to the document would be 2 privileged, because that would be what 3 the lawyer has looked at the document 4 and said, this relates to that, in 5 estimation in looking at these 6 litigation issues. 7 Q. So that's what the index would tell you? 8 A. Yeah, in part. 9 But it doesn't describe the particular 10 document? And it doesn't summarize the 11 particular document? 12 A. It doesn't summarize. 13 Q. I'm trying to separate out what the 14 lawyers part of that is. I'm trying to 15 figure out what that is on that index. 16 MR. PECK: Again, without 17 disclosing the content of the 18 index, you can describe the 19 manner -- I think you have 20 already done this -- but you 21 can describe the manner in 22 which this index came about. 23 MR. STEWART: I'm not asking him 154 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3076 1 how it came about; I'm 2 talking about what the end 3 product would be. 4 Q. (By Mr. Stewart) If we get the index 5 printed out, you're saying that -- as I 6 understand it -- that the summary of the 7 document wouldn't necessarily be privileged? 9 A. Yes, it would. 10 Q. The document itself wouldn't be 11 privileged? 12 A. Yes. The document wouldn't be 13 privileged. But we're not looking at 14 the document; you're looking at the 15 index, which is an entirely different 16 creature. 17 Q. But does that contain a summary of the 18 document? 19 A. In a form, yes. 20 Q. And does that summary include some kind 21 of evaluation of the document by the 22 lawyer? 23 Inherent in the summary would be 155 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3077 1 counsel's evaluation of it, yes. 2 Q. You're saying inherent in the summary. 3 If I looked at the summary, would I know 4 what the document was? I'm not talking 5 about what the lawyer's thoughts were. 6 Would I know what it was? 7 A. Would you know what the document was by looking at the index? Probably not just 9 by doing that. 10 Q. But let's just say the Judge ordered you 11 to print the thing out and provide it to 12 him and he looked at it in camera, would 13 he know what documents you had in that 14 archive from looking at that index? 15 A. Not without a whole lot of assistance 16 from counsel. 17 Q. Because it doesn't necessarily describe 18 the document, then? 19 MR. PECK: Well, I -- 20 It does in a sense. It does. But that, 21 again, goes to how we have it organized 22 and the categories we have found 23 relevant to the litigation support. 156 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3078 1 MR. STEWART: Now we can take a 2 short break. 3 [A break was taken.] 4 Q. (By Mr. Stewart) Let me ask you about 5 this computer system. Is it a key word 6 or searchable system? 7 Searchable, but not full text. 8 Q. Explain to this ignorant person here 9 what do you mean by not full text? 10 A. If you recall, I gave you a description 11 of the coding process from the coding 12 sheets. There is a hierarchical subject 13 matter classification system for the 14 information that the coders recorded on 15 the coding sheet. And it is the code 16 for that classification system that's 17 entered into the litigation support 18 system. And it's that hierarchy of 19 classifications that you query the 20 computer system and it identifies 21 documents. 22 Q. At the time this was put together I'm 23 assuming that the lawyers didn't look at 157 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3079 1 every document, Mr. Moore or Mr. Nassif. 2 They had somebody else do it? 3 A. They had legal assistants that helped 4 them, yes. 5 Q. And based on what I understood, there 6 were some people who had sort of a grid 7 or categories or some kind of delineation that they had, and they 9 would rate a document based on that? 10 A. No. 11 Q. Maybe I missed something, then. I 12 thought according to Mr. Nassif and 13 Mr. Moore, put a classification system 14 -- So they had a classification system? 15 A. Can you show me where that - 16 Q. Page four. 17 A. What paragraph are you reading from? 18 Q. Page four of Exhibit Two. Paragraph 8. 19 Well, really you have got to read 20 paragraph 7. He says that he prepared a 21 classification system along with 22 Mr. Moore. 23 A. That's right. 158 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3080 1 Q. As part of that PCB document database 2 system. 3 A. Right. 4 Q. And then following that he personally 5 trained a small number of document 6 reviewers, who would not be Mr. Moore, 7 because Mr. Moore also personally participated in training them. 9 A. That's correct. 10 Q. And they gave them the classification 11 system and then gave them the documents 12 so that they could, following the 13 classification system, classify each of 14 the documents under that code system; is 15 that correct? 16 A. That's correct. 17 Q. And then once that was done, you would 18 make a query under -- what did you say? 19 the search? It's a searchable thing? 20 A. That classification system is that 21 hierarchical code that I spoke of. 22 Q. So you can plug into that classification 23 system, and it'll pull up those 159 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3081 1 documents that they put into the system 2 based on this coding process that 3 Mr. Moore and Mr. Nassif figured out to 4 begin with? 5 A. It will identify the documents by 6 number. 7 Q. So somebody looking at that document had to make some kind of decision based on 9 the classification system he was given, 10 not Mr. Moore and not the other 11 gentleman? 12 A. Mr. Nassif - 13 Q. Doesn't matter who it is. No lawyer was 14 involved in that process? 15 A. In actually coding the documents? No. 16 The lawyers supervised it; the legal 17 assistants assisted in supervising it. 18 I understand. But at some point in time 19 those people had to make certain 20 decisions as to whether or not this 21 document or that document, whatever it 22 might be, fit into that classification 23 of that one? 160 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3082 1 A. That's correct. 2 Q. So if the system won't retrieve 3 something based on a search, and let's 4 say the query may be down -- maybe you 5 have five parts of this classification 6 system, and somebody down in part five 7 really doesn't state it right, or more importantly, that particular thing that 9 appears in the document wasn't important 10 to the reviewer, might not ever get it. 11 Is that possible? 12 MR. PECK: Object to the form of 13 the question. 14 A. Well, the system will only give you back 15 what you put into it. 16 Q. (By Mr. Stewart) Right. And if that 17 judgment was made by that person, 18 whoever it might be -- I'm going to ask 19 you a little bit about them -- then you 20 wouldn't be able to retrieve it? 21 MR. PECK: Object to the form of 22 the question. Question calls 23 for speculation. 161 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3083 1 A. I would say this, Mr. Stewart, that the 2 classification system was so 3 comprehensive, and there are different 4 ways to ask for and get at documents, 5 that it would seem to me very unlikely 6 that any significant document or 7 significant category of documents was missed. 9 Q. (By Mr. Stewart) But that significance 10 you're talking about would be dependent 11 in part on what that person felt was 12 significant as to whether or not it fit 13 in a classification. 14 A. Well, it wasn't just what he felt was 15 significant. It was governed by the 16 description of the information that the 17 coder was looking for. 18 Q. Well, it could be information, since it 19 was being prepared by defense 20 litigators, that might not be important 21 to somebody who was suing you? 22 A. I could only speculate on that. 23 Q. And there may be something in that 162 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3084 1 document that would benefit a plaintiff 2 or someone suing you that just wasn't in 3 that classification? 4 A. I don't believe that's the case, no. 5 Q. Whose employees were threes? 6 A. That did the coding? It was a 7 contractor to Monsanto. Actually it was a contractor that Smith Helms hired. I 9 don't recall whether it was Smith Helms 10 or Monsanto that hired the document 11 coding company. 12 Q. Were they from here? 13 A. Minneapolis. 14 Q. What was the name of the company? 15 A. Control Data. 16 Q. And do you know the employees, or can 17 you give us the name of the employees 18 that worked on that particular system? 19 A. Not from memory, no. 20 Q. But you have them somewhere and can you 21 provide them to us? 22 A. I suppose we have got those files. I 23 can -- We can find out who the 163 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3085 1 supervisors were, certainly. 2 Q. And they in turn, perhaps, can provide 3 us with the names of those employees? 4 A. Possibly. I don't believe we kept the 5 names of the employees. 6 [Discussion held off the 7 record.] 8 Q. (By Mr. Stewart) You were telling me 9 how a search was done. You would make a 10 query of the system itself, if some 11 documents are asked for. You make a 12 query based on, what? This 13 classification system and what's asked 14 for? 15 A. That's correct. 16 Q. And are there people in Smith Helms that 17 do that, or are those people that you 18 all have hired? 19 A. Right now it's Smith Helms. 20 Q. And is that person paid by Smith Helms 21 or by Monsanto? 22 A. I get billed for the time. 23 Q. I don't want to know anything about 164 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3086 1 that. I can imagine what it is, but I 2 don't want to know anything about it. 3 I'd just feel real bad about it, so I 4 don't want to feel bad today. 5 What would be the problem with, 6 Tom, if there are hard copies there, 7 taking those hard copies and just making them available along with the 150,000 9 pages of documents for somebody to 10 review? 11 A. There's a lot of privileged documents in 12 there. 13 Q. What would it take to get those out? 14 A. It would require a search by counsel 15 through the archives to segregate them 16 and then log them. 17 That search, I believe, that you have 18 indicated earlier that you could do. 19 Just by simply querying the system. You 20 can't do that? 21 A. No. We did not ask the coders to make a 22 judgment as to whether a document 23 carried a legal privilege. Only a 165 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3087 1 lawyer, trained legal professional could 2 do that. 3 Q. So you basically interspersed throughout 4 this 800,000 documents all of these 5 privileged documents and then didn't set 6 up a retrieval system so that it would 7 protect those? A. We did not do -- prior to establishing 9 the litigation archive -- a lawyer 10 hand-search through all the documents to 11 segregate potentially privileged 12 documents. 13 Q. My understanding was that you were 14 setting up the system to protect it 15 based on privilege; is that right? 16 MR. PECK: Object to the form of 17 the question. 18 A. I'm not sure I understand what you mean 19 by that. We didn't set up that document 20 archive to protect the contents of the 21 documents from discovery. 22 Q. (By Mr. Stewart) Oh, I thought that's 23 why you did it. 166 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3088 1 A. I told you at the outset, we don't hide 2 things, Mr. Stewart. 3 Q. Maybe I missed something. I thought 4 y'all were involved in some litigation, 5 somebody was asking for some discovery, 6 and so this gentleman decided he would 7 set up a litigation thing and start indexing it. Is that not what happened? 9 A. That in general is what happened, that 10 we needed a better way - 11 Q. One would just make the assumption that 12 what you were doing under those 13 circumstances was trying to protect 14 certain documents? 15 A. No. We were trying to put in place a 16 system that would let us efficiently 17 respond to discovery requests. 18 I see. So you wouldn't put on there 19 those documents that might be privileged 20 and have those people while they were 21 going through there and give them 22 certain criteria to say, now, let's make 23 sure that we locate our privileged 167 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3089 1 documents so we may not make a mistake 2 and send somebody something that is 3 privileged, or so that we could 4 segregate those if somebody asked for 5 them so that we could make a more 6 efficient review of these documents and 7 give them what they wanted without giving them privileged documents? You 9 didn't do that? 10 A. We didn't believe it was appropriate to 11 ask nonlegal people -- The document 12 coders were not paralegals. We didn't 13 believe it was appropriate to have them 14 make a judgment of a legal privilege. 15 That judgment is made when the documents 16 are reviewed for production by counsel. 17 Q. Wouldn't it be a fair assessment of a 18 situation like that that what I was 19 talking about could be done? If you 20 didn't set up something where you could 21 retrieve only those documents that were 22 not privileged in a system, you could 23 say just what you're saying today, 168 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3090 1 couldn't you, Mr. Bistline; "I'm sorry; 2 I can't give you access to all these 3 documents because they're privileged 4 documents"? 5 MR. PECK: Object to the form of 6 the question. 7 Q. (By Mr. Stewart) All through them. And we didn't set up our system so we could 9 segregate those. How many do you 10 anticipate there are in these documents? 11 A. I don't know how many privileged 12 documents there are. 13 Q. How long do you think it would take you 14 to look through them and see what you 15 would find? A month? 16 A. We'd have to sit down -- I'd need to 17 talk to counsel and - 18 Q. Maybe a month to do that? 19 A. I don't know. 20 Q. Because - 21 A. I would have to ask counsel to give me 22 an estimate on how long that would take. 23 Q. There are no comments, as I understand 169 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3091 1 it, from the lawyers on these documents. 2 They are clean, nonprivileged documents. 3 So what we would have access to is those 4 that are not attorney-client letters or 5 memoranda from lawyers and things like 6 that. Basically what you could do, is 7 it not, just segregate those out and let us look through the rest of them? Isn't 9 that right? 10 A. That would be a very time-consuming and 11 burdensome process. 12 Q. But that could be done, couldn't it? 13 A. Theoretically, it's possible. 14 Q. Well, it happened to begin with, didn't 15 it? 16 A. No. 17 Q. Didn't somebody from that group look at 18 every one of these documents and 19 categorize them? 20 A. As I said before, the documents weren't 21 categorized by privilege. 22 Q. No. But they were categorized. 23 Somebody looked at every piece of paper 170 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3092 1 and categorized them in some fashion? 2 A. The document coders reviewed them, yes. 3 Q. And that is how the coding system would 4 go. And that was done. So it's not 5 impossible to do? 6 A. No. 7 Q. The only thing you would object to doing 8 -- and certainly we wouldn't want to see 9 it -- would be those documents that 10 would be privileged, like communications 11 between you and Adam or you and Mike 12 Kelly or a memorandum from you. 13 MR. PECK: As we said earlier, not 14 only that, but the actual 15 collection itself is 16 privileged because it was 17 collected based upon the -18 MR. STEWART: Bullshit. Pardon 19 me. 20 MR. PECK: -- input of lawyers. 21 MR. STEWART: You can put that on 22 the record. 23 MR. PECK: That's been part of our 171 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3093 1 objection. 2 MR. STEWART: You may hear more of 3 that than you want to hear. 4 You may be turning those 5 records over to somebody 6 else. 7 Q. (By Mr. Stewart) What are these things right here that you have handed me 9 today? 10 A. Ask Adam to identify those because - 11 Q. Oh. I thought that was something that 12 you brought me. I asked -- if you'll 13 look at Plaintiff's Exhibit One, we 14 asked for a privilege log. Is that what 15 you are providing in connection with 16 these documents? 17 MR. PECK: You asked for a 18 privilege log of documents. 19 What you asked for was if any 20 documents are considered by 21 the defendant to be relevant 22 but privileged, a log of such 23 and the grounds upon which 172 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3094 1 the claim of privilege is 2 asserted. 3 MR. STEWART: That's what I asked. 4 MR. PECK: What this says is the 5 privilege law based upon the 6 documents that you have asked 7 for in litigation that we have not been able to produce 9 due to privilege. 10 MR. STEWART: So you finally gave 11 us this? 12 MR. PECK: It's a supplement. You 13 already have some prior 14 privilege logs. This is a 15 supplement. 16 MR. STEWART: This is a 17 supplement. 18 (By Mr. Stewart) But this has nothing 19 to do with what we're asking you about 20 today? 21 A. This is not - 22 Q. This would not be -- Heavens to Betsy, I 23 thought I had sort of a gift here. I 173 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3095 1 thought this was the privileged 2 documents that were located in these 3 800,000, but that's not it? 4 A. No. 5 Q. What is this? 6 A. These are the documents, as I understand 7 it, that have been identified, based on your discovery request, as privileged. 9 Q. Couldn't some of these documents be in 10 that archive? 11 A. They certainly are. 12 Q. They certainly are? 13 A. This is not a comprehensive privilege 14 log for the litigation archive. 15 Q. Well, how is it that you generated this 16 out of that privilege - 17 MR. STEWART: I want to put these 18 as an exhibit. 19 Q. (By Mr. Stewart) How did you put those 20 together? 21 A. But - 22 Q. Some of those - 23 A. By the review process. 174 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3096 1 Q. Some of those documents came out of the 2 documents that were - 3 A. Out of the litigation archive. 4 Q. Out of the litigation archive? 5 A. Yes . 6 Q. So the privilege log that you have given 7 us today, you generated in some fashion. How did you do that? 9 A. By counsel's review of documents. 10 Q. Review of the whole archive? 11 A. Review of the documents that were 12 identified based on your discovery 13 demand. 14 So those 400,000 pages of documents that 15 we have asked for, or that y'all have 16 provided us -- By the way, Charlie says 17 that may be high. But the 400,000 - 18 Says he doesn't know but that may be a 19 little high. 20 A. Excuse me. Maybe 300,000. Between 300- 21 and 400,000 22 Q. Maybe 300,000. But out of the 300,000 23 y'all have been able to put together a 175 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3097 1 privilege log which segregates those 2 documents that were privileged in that 3 400,000 that you have provided us so 4 far. Is that fair to say? 5 A. But we have not produced the privileged 6 documents, obviously. 7 Q. No, I didn't say you had done that. 8 A. But yes. 9 Q. But you have done this 400,000? 10 A. Correct. 11 Q. Which would indicate you have got the 12 ability to do it on the remaining -- I'm 13 trying to figure what the number was, 14 600- or 700,000. Just like you did on 15 this first one? 16 A. As I said before, it's theoretically 17 possible; it would be very burdensome. 18 Q. But you will admit that there are things 19 that are in the archives that you have 20 not provided to us? 21 A. Because they weren't responsive to your 22 demands. 23 Q. Well, how did you do this? 176 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3098 1 A. I think we described the process 2 already. 3 Q. I mean, what was the actual mechanical 4 process that you did, just retrieve the 5 documents out of the archives? Does it 6 print a document out? 7 A. It can. But that's not - 8 Q. Does it print all the documents out that 9 I request? 10 A. It provides for review the documents 11 that based on the elements of the coding 12 system are requested. 13 Q. And when somebody reviews them, they can 14 say, oops, can't send that, that's a 15 letter from a lawyer - 16 A. That's a privileged document. Yes. 17 Q. How did they make that decision? Is 18 that the people who retrieve it or 19 lawyers ? 20 A. That's the lawyers. 21 Q. That's the lawyers? 22 A. Yes . 23 Q. So they could do that for us on the 177 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3099 1 remaining documents? Do you have any 2 idea of the time? 3 A. I have already said before I don't know 4 how long that would take. 5 Q. How do you know how long this took? 6 A. I don't know how long that took. 7 Probably haven't seen the bill for it yet. 9 Q. But you don't know how long it took? 10 A. No, sir; I don't. 11 Q. I'd say from the size of it, a fairly 12 substantial amount of time. 13 THE REPORTER: Do you want me to 14 mark that? 15 MR. STEWART: No. Let's just say 16 for the record that I'm 17 referring to the privilege 18 logs, and I want to identify 19 them. It's supplement to 20 redaction log, redacted 21 document log, privileged 22 document form, and -- Do you 23 have a date on them? Or 178 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013100 1 anything with it that can 2 identify - 3 MR. KELLY: Each form, Donald, is 4 for a separate document. 5 MR. STEWART: Each form is for a 6 separate document? 7 MR. KELLY: You will see a privilege log form for each 9 document. That would be 10 identified as a privileged 11 document. 12 Q. (By Mr. Stewart) So there are some 135 13 pages of -- 135 documents, and this 14 would be 136. And here are a number 15 here from Papageorge? 16 MR. KELLY: The redacted document 17 logs where a section like a 18 paragraph was excised because 19 of privilege. 20 MR. STEWART: Okay. 21 MR. PECK: And you have prior logs 22 that were provided in the 23 Swift case. 179 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13101 1 [Discussion held off the 2 record.] 3 Q. (By Mr. Stewart) There was something I 4 wanted to ask you in connection with 5 this affidavit in Plaintiff's Exhibit 6 Two to your deposition by Mr. Nassif. 7 He said something that I wanted to make sure is necessarily -- it differs to 9 some extent. It's on page three. It 10 said, "Before commencing review of the 11 documents, Mr. Moore and I had extensive 12 discussions regarding the documents." 13 And they were selected, categorized and 14 selected and placed in this litigation 15 archive. Then the last sentence says - 16 said, "Those documents which we 17 determined to be relevant and 18 significant were included in the 19 litigation resource library." 20 A. Right. 21 Q. The last sentence says, "Documents not 22 selected for this library were retained 23 by Monsanto and remained available for 180 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3102 1 appropriate litigation discovery." 2 A. Correct. 3 Q. Did you all take the position at the 4 time that he made this affidavit, which 5 was in July of '92 -- and I would assume 6 you did not, but I want to be clear 7 about it -- that only those documents that were in the library were available 9 for appropriate litigation discovery? 10 A. Oh, no. 11 Q. There is not a duplicate, obviously, of 12 those documents, though, in this 13 Monsanto library? 14 A. In the Smith Helms archive, the PCB 15 litigation archive, no. 16 Q. That is the only source of that 17 document? 18 A. No. 19 Q. It ain't somewhere else? It ain't -- It 20 is not duplicated somewhere else? 21 MR. PECK: Ask that again. 22 (By Mr. Stewart) If they selected it 23 and put it in the archives in -- first 181 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13103 1 in St. Louis here, there's no identical 2 document in Anniston or Monsanto or 3 anywhere else; it's there? 4 A. No. No. The original of these 5 documents is still in storage at 6 Monsanto. The archive in Smith Helms' 7 custody are Xerox copies of the original documents. 9 Q. So there's an original of these 10 documents in Monsanto? 11 A. With Solutia now. 12 Q. And not categorized like they have got 13 it categorized? 14 A. No. They are just in storage in the 15 files. 16 Q. So if we wanted to come up and look at 17 those, you wouldn't have the same 18 obj ection? 19 A. I would have other objections. 20 Q. State those. 21 A. Well, right now, the primary one would 22 be burden in terms of re-collecting all 23 those files and reconstituting them. 182 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3104 1 Q. What do you mean re-collecting them? 2 Aren't they all in one place? 3 A. They are not all in one place. They are 4 in one place in the sense that they're 5 in our document storage facility. 6 But all the PCB documents that these 7 people pulled together and swept and then reviewed have been disbursed 9 throughout your storage system. 10 A. They have been put back in the files 11 from which they originally came. See, 12 the PCB documents were collected by a 13 review of a large number of files. And 14 documents from within those files were 15 identified as relevant to PCBs. 16 Q. Weren't those files closed when you 17 closed down production? 18 A. They were. 19 Q. And weren't those files assembled in one 20 place? 21 A. But they were not all relevant to PCBs. 22 The PCB relevant documents were taken 23 from those files and copied and then 183 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13105 1 either put in the archive that Smith 2 Helms now has or retained in the 3 non-archived documents, in the other 4 150,000 pages that we have been talking 5 about. The original documents were then 6 replaced in the files from which they 7 came. And those files are still in storage in St. Louis. 9 Q. But they are not segregated in such a 10 way that you could just look at the 11 PCB-related documents? 12 Right. We would have to go back and 13 retrieve the original document from the 14 file where it was located. 15 Q. So the only place that you could find 16 some of these documents without the 17 burden that you're talking about, if we 18 wanted to look at them, the hard copy 19 would go to North Carolina? 20 A. Correct. 21 Q. After y'all cleaned out everything other 22 than what you have got over here on this 23 log? 184 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3106 1 A. That would be a major project. 2 Q. But I mean, after you did that? 3 A. Well, you have got the log there for the 4 documents that we have so far produced. 5 Q. But I want to make sure that it's clear 6 for the record. There's nothing on the 7 document itself, necessarily, that is privileged, based on the comments that 9 might have been made by Mr. Moore or 10 your colleague there at the time or even 11 these coders or anybody at the time they 12 copied them or at the time they did 13 them? 14 A. They did not mark on the documents, no. 15 Q. So you wouldn't have to redact that part 16 of it? 17 A. Correct. 18 Q. No lawyer comments? 19 A. Well, there might be other lawyer 20 comments that were made on the documents 21 originally. 22 I understand. That would be taken up in 23 the privilege thing. What I'm talking 185 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13107 1 about is you don't have the problem we 2 would have in some of these other cases 3 where y'all wrote on the documents 4 certain types of things? 5 A. No. That was not done. 6 Q. Why did y'all move them to North 7 Carolina? A. At the time that Solutia was spun off 9 from Monsanto, we believed it was more 10 efficient to have them housed and 11 manipulated -- or not manipulated but 12 housed and reviewed - 13 Q. You could use that word. 14 A. Housed and reviewed in North Carolina. 15 It was a matter of not having space in 16 our new building and not really wanting 17 to have that many people working in the 18 law department at Solutia. It seemed a 19 more efficient use of talent to have the 20 documents at Smith Helms. 21 Q. Are you all generating documents for 22 other litigants now who have sued you 23 over PCBs? 186 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13108 1 A. Are we generating documents? 2 Q. Producing documents? 3 A. Yes. We produce in discovery. 4 Q. At the request of lawyers? 5 A. Yes . 6 Q. So in addition to the lawsuits that you 7 have agreed to provide us where you did 8 produce documents and segregate them, 9 those kinds of things, thirty-four, can 10 you tell us now as we sit here today who 11 you are producing documents for out of 12 these archives? 13 A. I can't tell you, not as we sit here, 14 no. 15 Q. You have a list of them, do you? 16 A. We have a list, yes. 17 Q. Do you know what the number would be? 18 A. How many pending lawsuits we have 19 currently? 20 Q. Yes. On PCBs. 21 MR. PECK: Not involving Anniston? 22 MR. STEWART: I'm not worried 23 about Anniston. I think 187 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13109 1 y'all have covered the 2 waterfront and produced the 3 names of those people. 4 Q. (By Mr. Stewart) But I want to know if 5 in fact you have got the non-Anniston 6 cases on a list somewhere where you can 7 let us know what they are, where you are 8 producing documents. 9 A. We could generate that list. I do have 10 that information. Not in my head, but I 11 do have it. 12 Q. And those would have to do with 13 documents that y'all produced -- I'm 14 asking you -- out of these archives and 15 out of these other 150,000 that have 16 been located at our office? 17 A. Documents produced in discovery in those 18 cases would come from that collection. 19 Q. PCB type cases? 20 A. Yes. I understand. 21 Q. Let me ask you this: You mentioned 22 earlier you all had documents that were 23 related to PCBs located either in 188 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13110 1 Monsanto or Solutia's headquarters now 2 in St. Louis, 150,000 pages or better. 3 And you had about 800,000 pages over 4 there in North Carolina. But if one 5 asked you a question about something 6 that was unrelated to PCBs but might 7 have to do with the operation of the Anniston plant, where would you go to 9 get those documents? 10 A. The Anniston plant. 11 Q. The Anniston plant? 12 A. Yes . 13 Q. Do y'all have stuff on the production of 14 Sarin? 15 A. As I understand it, we didn't produce 16 Sarin there. We produced a component. 17 Q. Do y'all have it at Anniston? 18 A. I don't know where that documentation is 19 now. It may be in Anniston. It may be 20 somewhere else. I don't know. 21 When did y'all produce that, where you 22 would have generated records? When did 23 y'all produce nerve gas there at 189 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13111 1 Anniston? 2 A. As I said before, we didn't produce 3 nerve gas at Anniston. 4 Q. What? 5 A. We did not produce nerve gas at 6 Anniston. 7 Q. You did not? 8 A. Correct. That's my understanding. 9 Q. Who gave you that understanding? 10 MR. PECK: Well, to the extent - 11 I guess you can answer that. 12 I can't remember whether it was through 13 counsel or from -- where it would have 14 been. Jerry Brown probably at the 15 plant. 16 Q. (By Mr. Stewart) Mr. Brown knew about 17 it? 18 A. As I said, Mr. Stewart, I can't recall 19 whether it was counsel or Mr. Brown that 20 I talked with about that. 21 Wasn't that in the '50s? 22 MR. PECK: Object to the form of 23 the guestion; no foundation. 190 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13112 1 A. Or earlier. 2 Q. (By Mr. Stewart) Could have been 3 earlier? 4 A. You're beyond what I know of my personal 5 knowledge at this point. 6 Q. What did y'all do with the waste from 7 that production? Whether it was intermediates or nerve gas? What did 9 y'all do with the waste from that? 10 MR. PECK: Object to the form of 11 the question; no foundation. 12 A. I don't have that knowledge. I don't 13 know. 14 Q. (By Mr. Stewart) But it was - 15 intermediates, at least, were something 16 that y'all produced there at the plant? 17 MR. PECK: Object to the question; 18 no foundation. 19 A. Again, Mr. Stewart, you're going to have 20 to ask the question a little better, 21 because I'm not understanding what 22 you're asking. 23 Q. Well, I thought you said y'all didn't 191 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13113 1 produce nerve gas but you produced 2 something else. Was it intermediates? 3 A. My understanding is it was a component 4 for a nerve gas. 5 Q. Well, it was toxic, wasn't it? 6 A. My understanding is that it was not. 7 Q. It was not? 8 A. The final product may have been, but 9 what we produced at the Anniston plant 10 was not. 11 Q. Was not? 12 A. Correct. 13 Q. It's your understanding, as you sit here 14 today, Mr. Bistline, that y'all did not 15 have a pilot project to produce nerve 16 gas in the Anniston in the '50s for the 17 military? 18 MR. PECK: Object to the question; 19 no foundation. 20 A. That is my understanding 21 Q. Was your understanding of nerve gas or 22 Sarin be that it was a bad product, 23 toxic substance, might kill somebody? 192 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13114 1 MR. PECK: Object to the question; 2 no foundation. Donald, this 3 is not the witness to ask 4 about the history of the 5 Anniston plant or nerve gas. 6 We came here to talk about 7 documents. We're way beyond 8 that now. 9 MR. STEWART: Well, I'm trying to 10 find out where these 11 documents are located. He's 12 the document repository man. 13 MR. PECK: For PCBs. 14 MR. STEWART: For PCBs. 15 Q. (By Mr. Stewart) So if somebody asked 16 in connection with our lawsuit for what 17 was produced, what toxic substances were 18 made there at the plant, you wouldn't 19 tell them about the nerve gas in 20 response to that question? 21 A. We didn't make nerve gas at the plant, 22 as I have said. 23 Q. And you're saying that what you made was 193 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13115 1 not toxic or wouldn't hurt anybody? 2 A. My information is that the component 3 that we made was not a toxic substance. 4 Q. So that determination you made, so when 5 somebody asks what toxic substances you 6 made, is that the basis on which you 7 didn't provide it to us? A. I was not aware that you were not 9 provided any information that you 10 sought. 11 Q. I don't remember seeing any information 12 about nerve gas and the production of 13 nerve gas at the Anniston plant in the 14 documents that we have been provided so 15 far. Maybe we didn't query whatever 16 retrieval system y'all had for that in a 17 manner in which we should. 18 MR. PECK: Object to the form of 19 the question; no foundation. 20 Q. (By Mr. Stewart) But you have documents 21 on what you did? 22 MR. PECK: Object to the form of 23 the question; no foundation. 194 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13116 1 He's the PCB document 2 repository. You're not 3 talking about some other 4 substance - 5 MR. STEWART: Well, if he knows 6 enough about that. 7 Q. (By Mr. Stewart) You have those documents, don't you? 9 MR. PECK: About something we 10 didn't produce? 11 (By Mr. Stewart) You have the documents 12 that are related to the production of 13 nerve gas at the plant, don't you? 14 A. For last time, I hope, my information is 15 that we did not produce nerve gas at the 16 Anniston plant. 17 Q. Whatever you produced in connection with 18 the Army's attempt to make nerve gas, 19 y'all have those records, don't you? 20 A. I don't know as I sit here whether we 21 have them or not. 22 Q. Have they been destroyed? 23 A. Mr. Stewart, as I sit here I don't know 195 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13117 1 whether we have them or not. If we had 2 them when you made the request -- and we 3 would not have destroyed them 4 subsequently; I can tell you that. 5 Q. Would you have destroyed them before 6 that? 7 MR. PECK: Object to the form of the question; no foundation. 9 10 A. He doesn't know. I'm not aware of any reason why we would 11 have kept those since I'm not aware of 12 any litigation prior to this one that 13 has raised that issue. 14 Q. (By Mr. Stewart) Let me ask you, if I 15 could, if you had some documents about 16 Mercury, would those documents be 17 located in the PCB files? 18 A. They may be if it was involved in the 19 production of PCBs. It may also be at 20 the Anniston plant. 21 Is your statement that there's nothing 22 related to PCBs that were involved in 23 that Sarin gas project there at -- nerve 196 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13118 1 gas project there at the Anniston plant? 2 A. My understanding is we didn't make Sarin 3 or nerve gas at the plant. 4 Q. What did you do with the waste? 5 MR. PECK: Object to the form of 6 the question; no foundation. 7 Donald, he doesn't know. He's not an engineer; he's in 9 charge of those documents. 10 This is just not fair. 11 Q. (By Mr. Stewart) What if you utilized 12 that waste in -- or disposed of it 13 through the PCB process? Wouldn't that 14 be related to the PCBs? 15 MR. PECK: Object to the form of 16 the question; no foundation. 17 A. I have no knowledge of the fact - 18 Q. Would that not be related to PCBs? 19 A. That is so hypothetical and speculative 20 that I couldn't answer that. 21 Q. It's not hypothetical, and it's not 22 speculative. I'll say it when I'm 23 asking you a question on a hypothetical 197 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13119 1 or speculative basis. 2 I'm just asking you simply put, 3 Tom, if that would not have something to 4 do with PCBs? 5 A. I'm not aware of any circumstance like 6 that, Donald. 7 Q. If that occurred, wouldn't that have 8 something to do with PCBs? 9 A. If it occurred? 10 Q. Yes. 11 A. Well, it didn't occur, number one. 12 Q. But if it occurred, it would have 13 something to do with PCBs? 14 A. In an alternate universe, yeah, it 15 might. 16 Q. All right. Thank you. Now, have y'all 17 destroyed any of the documents that were 18 gathered in 1981 at any point in time? 19 A. No. 20 Q. You have maintained sacrosanct since 21 they were gathered and put in the index 22 in '81? 23 A. If they have been destroyed, it's been 198 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13120 1 without the knowledge of any of the 2 lawyers. As I said before, we don't 3 hide things. 4 MR. STEWART: Let me talk to 5 Charlie just a minute. 6 [A break was taken.] 7 Q. (By Mr. Stewart) You have produced - and I believe you said -- Let's just 9 take your 400 number. You have produced 10 400,000 pages of documents for us. And 11 if those came out of this archive, 12 wouldn't you say you're halfway home 13 with the indexing of the privilege log 14 on those things? 15 Not all 400,000 -- At least according to 16 my information, not all 400,000 pages of 17 documents came out of the archive. 18 Q. It's not privilege as to how many came 19 out of the other one, the 150,000? 20 That's not a privileged matter, is it? 21 What? The number of pages? No. I told 22 you the number of pages, to the best of 23 my knowledge. 199 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13121 1 Q. What I'm saying is it's not privileged 2 as to how many came out of the archives? 3 A. As I sit here, Donald, I'm not sure how 4 many came out of the archive and how 5 many came out of other files in 6 Anniston. 7 Q. But you're not saying it's privileged as to how much came out of the other files, 9 are you? 10 A. No. 11 Q. And if, say, 300,000 came out of those 12 archives, pages of documents, then 13 you're almost halfway home on this 14 privilege log on these documents, aren't 15 you? 16 A. I don't know how many pages actually 17 came out of the archive. 18 Q. I'm not asking you that. I'm just 19 saying -- Let's make it simple for you. 20 Let's just say 300,000 did come out of 21 the archive. 22 A. Make that assumption? 23 Q. Yeah. 200 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13122 1 A. Okay. 2 Q. Then you would almost be halfway home on 3 the privilege log? 4 MR. PECK: Object to the form of 5 the question. 6 A. Not necessarily. 7 Q. (By Mr. Stewart) Oh. You mean there are other documents in the 300,000 that 9 you would have asserted the privilege 10 for or given us a privilege log and 11 withheld? 12 A. There are other privileged documents in 13 the archive other than ones that weren't 14 included in the 300,000 that -- on your 15 assumption may have been produced here. 16 Q. What is that, now? 17 A. Well, the rest of the archive has 18 privileged documents. 19 Q. I admit that. That was my question. 20 A. And it may not be a uniform distribution 21 throughout the archive, either. 22 Q. Well, you at least have been through 23 those 300 pages and picked out what -- 201 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13123 1 A. Those have been reviewed, yes. 2 Q. Well, that means we haven't got the good 3 stuff, then. Because you have got all 4 this stuff sort of hidden over there 5 with these privileged documents. Maybe 6 we need to go through those? 7 A. You have gotten the documents that you have asked for, sir. 9 Q. Now, let me ask you if those documents 10 that you have there have to do with 11 correspondence or communications that 12 you might have had with an entity that 13 Monsanto had in Europe? 14 MR. PECK: The way you have asked 15 that question, Donald, 16 invades the privilege. You 17 can ask it differently and I 18 think get an answer. I'm not 19 sure - 20 Q. (By Mr. Stewart) Are there possibly 21 documents in there that have to do with 22 correspondence that y'all had with a 23 European entity about PCBs? 202 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13124 1 A. Well, within the entire collection - 2 Q. In the archive. 3 A. The North Carolina, is that what you're 4 talking about? 5 Q. Yes . 6 MR. PECK: To answer that invades 7 the privilege. A. I decline to answer that. 9 Q. (By Mr. Stewart) Okay. But you would 10 admit, wouldn't you, Tom, that if we 11 asked a guestion that was -- for which 12 there were documents in that group of 13 documents that might have included 14 correspondence between somebody from 15 Monsanto and somebody from one of your 16 European entities, there's nothing that 17 protects that, is there, if it was 18 generated the way these other 19 documents - 20 A. I'm not aware of any reason why they 21 would not have been produced. 22 Q. In other words, if I asked for 23 correspondence about a particular 203 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13125 1 incident or a particular issue, and 2 y'all had some of that with your 3 European entities, it should have been 4 produced if it related to the question 5 that I asked you, if it was related to 6 the PCBs in the case and no proper 7 objection was made, or appropriate objections made? 9 A. Correct. 10 Q. And if we didn't get that and it was in 11 that archive up there, then there's 12 something wrong with that ol' retrieval 13 system again, isn't it? 14 A. No. 15 MR. PECK: Object to the form. 16 Q. (By Mr. Stewart) Let me ask you this: 17 Since you all made PCBs, y'all were the 18 only manufacturer here in the country? 19 A. Major manufacturer here in the country. 20 Q. Well, you all would be the ones that 21 were sort of leading the fight on the 22 regulatory side, scientific side, all 23 that kind of stuff. At the time this 204 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13126 1 stuff broke in '66, y'all would have the 2 bulk of documents? 3 A. For the manufacture of PCBs in this 4 country? 5 Q. Well, the toxicity of PCBs, what y'all 6 knew, when you knew it, all that kind of 7 stuff? That stands to reason because it's your document that you're looking 9 at, but general knowledge about PCBs and 10 what harm they cause and everything 11 else? Y'all would have those documents, 12 wouldn't you? 13 A. We would have what we knew about it, 14 yes . 15 Q. Well, I would assume that this would be 16 sort of the -- I guess the universe of 17 these documents in this country about 18 it, wouldn't it? It would be where 19 people would find out about it if they 20 really wanted to - 21 A. Find out about what, sir? 22 Q. What y'all knew about it and really what 23 the chemical industry knew about it. 205 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13127 1 MR. PECK: Object to the form of 2 the question; calls for 3 speculation. 4 Q. (By Mr. Stewart) Nobody else made it? 5 A. But many other companies used it. 6 Q. You sold it to other companies, but when 7 they had to find out about something, they called y'all, didn't they? 9 MR. PECK: Object to the form of 10 the question; no foundation, 11 calls for speculation by this 12 witness. 13 A. Depends upon what the question was. 14 Q. (By Mr. Stewart) Well, how to use it or 15 whether or not it was safe. They called 16 on y'all? 17 MR. PECK: Object to the form of 18 the question; calls for 19 speculation by this witness. 20 A. We had information on toxicity and 21 physical characteristics that we freely 22 shared with our customers and others. 23 (By Mr. Stewart) Didn't take this 206 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13128 1 privilege stance at that stage in the 2 proceedings ? 3 A. We're not taking the privileged stance 4 with respect to any information properly 5 discoverable, Mr. Stewart. 6 MR. STEWART: Could Charlie ask 7 one question while I quickly 8 look at my notes? It's a 9 computer question that -- 10 THE WITNESS: I don't want to 11 listen to any questions from 12 Charlie. 13 MR. CUNNINGHAM: The hierarchical 14 code, does it lead you to one 15 end point, or can a document 16 theoretically be coded in 17 more than one category? 18 THE WITNESS: The latter. 19 MR. PECK: I understand why you 20 didn't want to ask that 21 question, Donald. 22 Q. (By Mr. Stewart) Can you give me some 23 idea how long it took those people to 207 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13129 1 review those documents from that entity 2 that y'all had working on them and 3 coding them into the system? 4 A. You mean how long did the coding project 5 take? 6 Q. Yeah. That's what I was looking for. 7 A. Eight to ten months, I believe. 8 Q. 9 A. How many people worked on it? I don't know. 10 Q. And was there a larger universe than the 11 800,000 pages and the 150,000 pages, or 12 was that it that they looked at during 13 that period of time? 14 A. The documents that the coders looked at? 15 Is that what you're looking for? 16 Q. Yeah. The PCB documents that were swept 17 and coded. 18 A. Those documents were the documents that 19 Mr. Moore and Mr. Nassif identified the 20 coding. That is the approximately 21 800,000 page litigation archive that is 22 at Smith Helms. 23 Q. But my question is, they really -- ask 208 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13130 1 it this way: They really looked through 2 more than those 800,000 and that 150,000 3 because they had to look through these 4 files, didn't they? 5 A. Yes . 6 Q. So there might be something that was 7 unrelated to PCBs or something like that, so they were sweeping at the time 9 they were coding? Is that what they 10 were doing? 11 A. No. The documents were identified prior 12 to the coding project. 13 Q. And pulled together? 14 A. And pulled together and provided to the 15 coders. 16 Q. And then they went through the million 17 or so documents and coded those? 18 A. No. 19 Q. This took, what, took eight to ten 20 months ? 21 A. The 800,000 pages took eight to ten 22 months. But no documents other than the 23 ones that were coded were provided to 209 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13131 1 the coders. 2 Q. Well, but it didn't take eight to ten 3 months -- it really wouldn't take eight 4 to ten months to separate out these 5 privileged matters, would it? Because 6 what they were doing was actually 7 classifying and coding them one document at a time, weren't they? 9 A. That's correct. 10 Q. So they were going through a rather - 11 be a little quicker process to segregate 12 out the documents for which you were 13 claiming a privilege, wouldn't it? 14 A. It would take less than eight to ten 15 months, I assume, yeah. 16 Q. Might take something like a month, 17 wouldn't it? 18 MR. PECK: Object to the form of 19 the question; no foundation, 20 asked and answered. 21 A. I don't know how long it would take. 22 Q. (By Mr. Stewart) Who would know how 23 long it would take to do this here? 210 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3132 1 You? 2 A. Counsel. 3 Q. You don't know that? 4 A. No, not as I sit here, no. 5 Q. Now, do you know the names of the people 6 who are hired by you, I guess basically 7 through Smith Helms, to retrieve documents if somebody were to ask for one? 10 A I believe I do. 11 Q What are their names? 12 A Jane Turpin. 13 Q 14 A Who? Jane, J-A-N-E, and Turpin, T-U-R-P-I-N. 15 Jan Lavere. 16 Q 17 A Jan what? Lavere, L-A-V-E-R-E. And Charlotte - 18 Is it Belvedere? 19 MR. KELLY: Belvin. 20 A Belvin. 21 Q 22 (By Mr. Stewart) So when you get a request in from some case, then y'all 23 would send it to those ladies and they 211 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13133 1 would retrieve it, right? 2 A. That is part of the process, yes. 3 MR. KELLY: Point of clarification 4 just to help all of us. 5 Charlotte would not do 6 searches as such. 7 MR. CUNNINGHAM: Give her a list of page numbers or something 9 and she would get them off 10 the shelf - 11 MR. KELLY: She would not use the 12 database. 13 (By Mr. Stewart) Do you have any idea 14 of the number of boxes that these things 15 are in? Y'all got any estimation? 16 A. Are you talking about the North Carolina 17 archive? 18 Q. Yeah. 19 A. They are in file drawers, I think, in 20 file folders on shelves. 21 Q. Do you have any estimation as to how 22 many we're talking about? 23 A. How many file folders? 212 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3134 1 Q. Not file folders, I guess boxes. Some 2 of these boxes we have looked at in 3 their office. 4 A. I couldn't tell you offhand, Donald. 5 Q. So I understand this privilege, what you 6 all are saying is the classification 7 system and the method of retrieval is? A. That is privileged, yes. 9 Q. -- is privileged? 10 A. Yes . 11 Q. Because it involved lawyers making 12 decisions about how to set up the 13 classification system and how to rate 14 certain documents? 15 A. Correct. And also the identity of the 16 documents that are in the 800,000 in 17 North Carolina as a comprehensive 18 archive. 19 Q. Oh. The identity of the documents 20 themselves? 21 MR. CUNNINGHAM: The cut, if you 22 will, 23 THE WITNESS: Exactly. 213 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13135 MR. CUNNINGHAM: What goes to North Carolina and what doesn't. THE WITNESS: Precisely. Q. (By Mr. Stewart) What is in Monsanto and what is in North Carolina? A. Right. Q. But you would not include in that privilege us looking at the hard documents themselves that are nonprivileged? A. If I was ordered to do that, that would not be - MR. PECK: You mean if it comes out of there? So that you can't see the cut? Or how or the index? No. If I understood your question. If the document is taken out like many documents in this case are, no. Q. (By Mr. Stewart) I'm going to ask this last question. Let's just say you had 214 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3136 1 the index of fifty documents, fifty 2 documents organized in a certain way, 3 that were related to a particular case; 4 if you just laid them out on a table and 5 jumbled them up, you all wouldn't have 6 any objection to us looking at them? 7 A. You would still be able to tell what categories of documents were there. 9 Q. Maybe I'm not understanding what you're 10 asserting. 11 MR. CUNNINGHAM: How far back are 12 you asserting the cut goes in 13 the privilege sense? In 14 other words, are we going 15 back literally all the way to 16 the beginning of '81 when 17 Nassif and your partner, 18 Mr. Moore, sat down and said, 19 here's a bunch of stuff Bill 20 Papageorge brought over; this 21 we want to keep, this we want 22 to keep, this we want to - 23 no, this doesn't make the 215 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13137 1 cut. Are you saying that 2 process is a privilege? 3 THE WITNESS: Yes. 4 MR. CUNNINGHAM: If we were to see 5 that, that would give us some 6 insight into the mind-set of 7 your counsel? THE WITNESS: Exactly. 9 Q. (By Mr. Stewart) So you're saying if 10 y'all took basically 800,000 documents 11 that were PCB related and you stored 12 them in the law deal or in Mike's, the 13 reason we can't see those documents is 14 because y'all say they made a 15 determination or a judgment that these 16 are relevant to litigation and this 17 stuff over here is not. 18 A. In a sense. 19 MR. CUNNINGHAM: That's what they 20 are saying. 21 And is there a 22 compilation somewhere of what 23 they looked at? If we try to 216 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13138 1 2 3 4 5 6 Q. 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 get before the privilege was invoked, before the attorney decision was - MR. STEWART: I asked about that, and they said - (By Mr. Stewart) Are you saying there is no compilation before that time? THE WITNESS: I'm not aware of any comprehensive index of documents before that. MR. CUNNINGHAM: Okay. What was reviewed in order to make the cut? That's what I -- I realize you said you never tossed them; they just went back to their -- after you took out what you thought was relevant and created the archive, you sent the broader more comprehensive files back to their respective homes. And most in theory now are in some archive, broad record 217 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13139 1 storage. 2 THE WITNESS: They're all in 3 storage here in St. Louis. 4 Q. (By Mr. Stewart) I guess what I'm 5 asking, though, to follow up on what 6 Charlie is saying, wasn't there a 7 compilation of the documents that Mr. Moore and Mr. Nassif had to look at? 9 A. Again, Donald, I'm not aware of any 10 comprehensive index of those documents. 11 Q. Then how in fact did they make the cut? 12 If they didn't look at an index of 13 documents, other than looking - 14 A. They went through -- 15 Q. -- at all the documents, and as I 16 understand it, they did not? 17 A. They looked at the documents. 18 MR. CUNNINGHAM: Is there a list 19 of the sources of files that 20 they went through? Did they 21 make themselves a list of - 22 we checked Papageorge, we 23 checked with Anniston, we 218 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13140 1 checked with Sauget, we 2 checked the toxicology. 3 THE WITNESS: I don't know. 4 MR. CUNNINGHAM: In other words, 5 do we know where they looked? 6 THE WITNESS: I don't know whether 7 there is such a thing or not. 8 Q. (By Mr. Stewart) So in response to my 9 question, if we say we want to look at 10 the hard copies, y'all are still not 11 objecting to that if you can remove the 12 privilege? 13 A. If we can resolve the privilege issue. 14 Q. No. 15 MR. PECK: Well, wait. 16 MR. KELLY: We are -- 17 MR. PECK: Not to the extent you 18 can see the cut, as Charlie 19 calls it. We would have to 20 mix - 21 MR. STEWART: Hold just a minute. 22 THE REPORTER: One at a time, 23 please. 219 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13141 1 MR. CUNNINGHAM: They're saying 2 they would want to bring the 3 set that is still in St. 4 Louis to North Carolina and 5 put them together so we can't 6 discern which is where. That 7 doesn't - 8 MR. PECK: Subject to the 9 privilege review. 10 MR. CUNNINGHAM: Sure. 11 MR. PECK: And you guys would do a 12 lot of unnecessary work 13 because you would be looking 14 at a lot of documents that 15 aren't really very important 16 to your case. 17 MR. CUNNINGHAM: I understand. 18 MR. STEWART: All right. 19 MR. PECK: Read and sign. 20 21 (AND FURTHER DEPONENT SAITH NOT.) 22 23 220 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13142 July 24, 2001 Mr. Tom Bistline C/O Adam Peck, Esq. Lightfoot, Franklin & White, L.L.C., The Clark Building 400 North 20th Street North Birmingham, AL 35203 Dear Mr. Bistline: This page is incorporated as page 221 of your deposition. Your deposition transcript has been completed, and as per requested, is ready for you to read over. Please do not write on the transcript but make any changes you wish on the errata sheet provided. If there are no corrections, write across page "no corrections." Please sign the signature page before a notary, and then return errata and signature page. Under the Rules of Civil Procedure you have thirty days to read and sign your deposition transcript. If you have any questions, please feel free to call me at (314) 729-0575 and I'll be glad to help in any way I can. Sincerely, Sheila L. Ford, RPR, CSR KRIEGSHAUSER REPORTING & VIDEO cc: Michael E. Kelly, Esq. Donald W. Stewart, Esq. 221 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13143 SIGNATURE PAGE TOM BISTLINE Subscribed and sworn before me on this day of , 2001 [NOTARY PUBLIC] My commission expires: 222 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13144 NOTARIAL CERTIFICATE I, SHEILA L. FORD, a Registered Professional Reporter and duly commissioned Notary Public within and for the State of Missouri, do hereby certify that there came before me at offices of Kriegshauser Reporting, 319 N. 4th Street, Suite 322, St. Louis, MO 63102, TOM BISTLINE, who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath and said examination was reduced to writing by me; and that the signature of the witness was not waived by agreement of witness and all parties, and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 25th day of July 2001. My commission expires: March 13, 2002 Sheila L. Ford Notary Public 223 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13145 ERRATA SHEET FOR DEPOSITION OF TOM BISTLINE IN RE: ABERNATHY V. MONSANTO Please list corrections and/or changes by page and line number below. Page Line Change/Reason: Page Line Change/Reason: Page Line Change/Reason: Page Line Change/Reason: Page Line Change/Reason: Page Line Date Signature of Deponent 224 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13146 [& - age] Transcript Word Index & & 1:182:143:7,9 221:1,1 1 10:00 2:134:9 100 10:18,22 12:12 1131 3:4 13 223:1 135 179:12,13 136 179:14 1400 3:9 150,000 10:18,23 11:20 12:2,12 41:1863:1967:2 80:17 165:8 184:4 188:15 189:2 199:19 208:11 209:2 18 1:132:134:8 1970 21:9,1022:1028:1587:15 1971 21:9,10,21 28:11 1977 126:23 1980 24:20 28:15 87:15 1981 28:20 63:12 90:4 106:1 126:17,19 127:2 141:16 198:18 1982 23:13 62:6,7 1985 134:17 1999 71:9 72:8 73:7 74:20 75:6 1st 23:12___________________ 2 2001 1:132:134:9 71:11 73:18 221:1 222:1 223:1 2002 223:1 20th 3:8 221:1 21927 3:10 221 621-4408 93 221:1 1:20 130:4 24 621-4533 96-269 221:1 1:21 1:5 2:6 250.000 63102 99 12:5 1:20 2:15 223:1 72:3 75:20 76:4 25th 66 a 223:1 86:12 205:1______________ a.m. 27401 3:10 27420 7 7 57:15 158:20 2:134:9 abernathy 1:3 2:4 66:14 104:5,18 3:10_____________________ 70 105:1 224:1 3 22:19 24:17 29:18 ability 30 700.000 73:7 176:12 3:21,22 101:20,20 176:14 able 300 71 144:9 161:20 173:8 175:23 3:9 42:18 175:20 201:23 22:10,19 24:17 215:7 300.000 729-0575 absolutely 42:15 175:20,22,22 200:11 221:1 54:10 121:17 200:20 201:8,14 78 access 314 117:1 15:10 169:2 170:3 1:20,20 221:1 79 accurate 319 117:1____________________ 88:4 1:192:14223:1 8 acquired 322 104:10 1:192:14223:1 8 30:21 57:16 158:18 action 35203 80 1:5 2:6 223:1,1 3:8 221:1 24:21 actual 36207 800 171:14 177:3 3:5______________________ 44:8 65:16 4 800.000 adam 3:7 13:12 14:13 15:12,22 4 41:10,11 44:10,11 49:2 36:22 38:1 42:15 43:19 133:6 56:18 63:18 66:22 80:19 66:7 71:21 82:15 95:4 400 143:13 144:7 148:10 166:4 101:13 146:3 147:16 3:8 199:9 221:1 400.000 174:3 189:3 208:11,21 209:2,21 213:16 216:10 171:11 172:10221:1 add 42:18 66:12 80:21 175:14 80s 105:1 175:17,21 176:3,9 199:10 130:22 131:2 132:4 133:10 added 199:15,16 134:21,22 135:3,22 22:15 24:10,15 69:1,2,8 4th 82 130:14 1:192:14223:1__________ 119:16 127:8 128:13 129:1 addition 5 5 3:17 101:20 50s 190:21 192:16___________ 129:2 85 24:5,19 61:23 62:1,2 69:5 130:23 134:16,19,20 137:20 81 187:6 addressing 130:6 admit 71:7 109:16 176:18201:19 203:10 6 9:13,14 21:11 24:20,21 advertised 6 28:1 62:2 108:13 114:15 89:8 101:20 600 119:16 127:8 128:13 137:22 198:22 215:16 advertisements 89:7 176:14 60s affidavit 9 119:21 180:5 181:4 29:1890:1591:10 119:6 92 age 181:5 5:4 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013147 [ago - attach] ago answered archive (cont.) asking (cont.) 50:20 56:9 133:12 54:23 135:15 210:20 200:4,17,21 201:13,17,21 145:20,23 146:4,20 147:13 agree answering 203:2 204:11 208:21 152:5 154:23 167:5 173:19 109:15 34:12 35:15 38:6 96:17 212:17213:18217:19,23 188:14 191:22 197:23 agreed 127:22 132:18 135:13 archived 198:2 200:18 218:5 4:3,11,19 7:7 187:7 anticipate 139:15,16 184:3 asks agreement 169:10 archives 44:21 79:21 122:21 123:11 223:1 anticipation 28:12 29:3 40:9 47:3 53:3 140:6 147:9 194:5 ahead 119:5 55:3,4 63:11 70:4 81:7 aspect 36:2 38:14 64:5 79:13 anybody 82:13 83:6 89:2 92:23 93:6 34:1 101:8,15 127:19 153:8 123:1 124:17 144:8 185:11 99:1 107:5 122:9,14 123:4 aspects aimed 194:1 123:8,13 126:21 127:3,9 33:16 135:4 apologize 128:19 129:20 130:4,12,21 assemble ain't 105:12 147:17 131:5 134:12 135:6,23 139:8 181:19,19 apparently 136:19 139:10 151:15 assembled air 126:11 165:15 176:19 177:5 183:19 77:5,14 78:9 81:15,18 appearing 181:23 187:12 188:14 assert al 6:18 200:2,12 37:18 1:3,6 2:4,7 3:5,8 221:1 appears area asserted alabama 161:9 17:20 118:13 143:2 17:21 18:17 29:20 173:2 1:1 2:2 94:18 95:5 104:19 apple army's 201:9 140:1 141:7,9 72:21 195:18 asserting alert apply articulate 14:4,8 15:2,6 16:11 17:6 16:23 129:17 150:3 78:1 26:23 29:1 35:20 55:16 allow appreciate articulated 215:10,12 37:14 45:9 55:13 146:6 97:15 assessment allowing approach aside 168:17 127:23 63:3 70:13,14,14 122:13 assign alternate appropriate asked 4:15 198:14 37:8 54:18 59:10,22 65:21 8:4 14:1 40:16 43:12,14,16 assistance amount 73:15 75:21,23 91:11 44:20 48:17 61:23 62:4,9 145:15 156:15 49:22 178:12 140:12 141:3,5 153:18 62:11 66:10 70:19 71:8 assistant anniston 168:10,13 181:1,9204:7 72:3,7 74:10,17 75:5,9,10 6:3,9,10,11 23:16 3:4 7:18 11:6,16,21 32:23 approximately 75:22 76:14 77:3,9,23 78:3 assistants 60:15 75:12 78:10 81:20 41:10 115:2 208:20 78:12,15,16 80:22 81:12,13 158:3 160:17 82:10 83:10,12,18 84:5,22 archive 82:2 93:4,8 94:12 96:6 assisted 85:16,22 86:17,23 87:6,11 8:6 9:8 10:4,16 12:8 18:2,3 100:2,3,17,19 105:10,14 160:17 87:22 116:13 122:4,5,12,23 18:4,12 20:13 22:2 25:15 106:12 107:23 108:1,12 association 123:21 130:3 134:5,7 135:2 25:20 26:13 28:3 29:12 109:17 110:10 122:16 70:1 136:9,10,16 137:4 138:3,7 30:1 32:2,2,5,13,14 39:7,19 131:22 146:2 147:2 164:11 assume 140:20 182:2 187:21,23 40:8 42:1,4,13,21 47:5 48:2 164:13 168:4 172:12,14,17 18:18 26:20 58:21 80:3 188:5 189:8,10,11,17,19 49:19 51:12 52:8,23 53:22 172:19 173:3,6 175:15 92:6 105:11 112:5 114:9,16 190:1,3,6 192:9,16 193:5 62:19 63:9 65:19 66:6 189:5 193:15 202:8,14 114:20 115:4 119:3 126:14 194:13 195:16 196:20 67:17 68:23 69:8 77:19 203:11,22 204:5 210:20 137:6 138:16 181:5 205:15 197:1 200:6 218:23 78:6 79:9,16 80:8,20 83:9 217:4 210:15 answer 83:11 85:1,9,13 86:18,21 asking assumed 13:18 34:16 36:17 37:2,6 87:16 98:10 105:23 106:23 10:10,12 14:15,17 15:11,12 57:23 38:4,10 39:3,4,8,9 45:6,9 107:1,6 108:14 113:11,22 15:17 16:8,10 17:2 21:1,2 assumes 45:22 46:2,5 51:4 55:7,9,13 114:8 116:21 119:15 21:22 22:4 31:5 35:6 36:10 151:20 64:3,5 66:2 71:19,22,23 122:18 123:17 127:16 36:16 40:19 43:16,18 44:5 assuming 74:5 77:2,8 79:12 80:10 129:3 130:15 131:20 132:9 45:2 53:5 55:17,20,21 76:1 157:23 86:2,5 101:17 102:21 132:23 133:16 135:12 78:7 79:11,17,19 99:10 assumption 127:23 128:5,8,22 131:14 136:4 152:19,22 156:14 101:23 102:12 103:6 86:20 167:11 200:22 132:13 135:17 145:5 146:5 166:9,20 174:10,14 175:3,4 106:10,10 110:13 120:20 201:15 152:9 190:11 197:20 175:10 180:15 181:14,15 120:23 122:17,19 128:12 attach 202:18 203:6,8 182:6 184:1 199:11,17 128:15 131:17 137:19 93:22 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013148 [attached - category] attached behalf box calls 138:19 1:122:135:5 3:10 101:2 106:15 110:1 111:20 attempt believe boxes 161:22 206:2,11,18219:19 88:11 195:18 23:5 25:12 34:11 37:15 87:5 136:15212:14213:1,2 camera attempts 43:8 62:15 64:21 66:16 branch 156:12 93:8 96:6 92:10 107:12 116:11 148:17 capability attorney 130:20 163:4 164:4 165:17 break 72:13 123:10 23:18 47:20 52:1,15,22 168:10,13 199:8 208:7 88:18,19 95:13 103:9 113:5 capacity 53:21 73:4 127:15 138:20 211:10 157:2,3 199:6 152:7 139:20 150:10 170:4 217:2 believed briefly carefully 223:1,1 186:9 24:7 223:1 attorneys believes bring Carolina 151:2,3,6 38:7 45:8 220:2 7:22 8:7 9:1,2,6 10:11 15:8 automatically belong brings 18:2,12 19:3,8 23:1,2 26:13 97:12 7:5 126:14 29:12 31:11 40:22 44:11 available belvedere broad 70:7 80:8 96:3,14,21 97:11 165:8 180:23 181:8 211:18 20:22 68:20 85:14,15 97:23 98:15 123:12 184:19 avenue belvin 114:13 123:6 217:23 186:7,14 189:4 203:3 3:4 211:19,20 broader 212:16213:17214:2,6 aware benefit 217:19 220:4 65:14 93:21 94:8 104:16 163:1 broke carried 110:12 141:17,21 194:8 best 205:1 165:23 196:10,11 198:5 203:20 142:13 199:22 brought case 217:8 218:9______________ betsy 172:12 215:20 22:21 24:13 42:12 66:15 b 173:22 brown 73:5,12 83:16 85:21 90:8 back 9:13,14 18:22 27:11 28:18 better 190:14,16,19 140:1 167:10 189:2 191:20 building 100:9 104:5,18,22 107:12 107:18,22 108:1,2,13,19 33:1766:1071:9 73:10 81:13 95:20 130:8 161:14 183:10 184:12215:11,15 217:16,20 bad beyond 101:4 102:19 191:4 193:7 big 84:23 bill 3:7 186:16 221:1 bulk 205:2 bullshit 171:18 109:2 110:7 112:6 121:11 122:4 148:7 163:4 179:23 204:6 211:22 214:21 215:3 220:16 cases 165:3,4 192:22 ball 10:19 bank 98:12,22 118:22 178:7 215:19 billed 164:22 bunch 215:19 burden 182:22 184:17 119:19,22 120:2,5,6,7,9 121:20 122:2 186:2 188:6 188:18,19 categories 148:7,8,17 149:5 birmingham burdensome 12:16 19:12,14,15 34:2 based 63:7 158:5,9 160:2,8 161:3 164:12 166:15 171:17 173:5 174:7 175:12 177:11 185:8 basically 3:8 221:1 bistline 1:11 2:12 4:5 5:3,9,10 7:21 10:12 11:11 15:8 16:13,15 16:16 17:3,4 46:20 63:12 71:2,8 73:19 79:17 80:16 170:11 176:17 business 7:14 8:19 21:6,7 25:1 51:18 87:12 89:4 119:12 149:23 buy 109:14 46:21,23 48:3 49:13 51:6 53:9 55:21 58:8,12 59:9,21 66:1 77:19,21 78:4 79:14 79:15 101:18,22 112:2,20 128:23 148:23 153:23 156:22 158:7 215:8 44:21 46:10 69:3 147:6 166:3 170:6 211:6 216:10 basis 17:22 29:4 35:14 50:4 52:2 58:14 147:20 149:14 194:6 198:1 beating 98:19 began 81:12 83:14 99:19 100:23 101:16 112:12 128:11 169:1 192:14221:1,1 222:1 223:1 224:1 bistline's 101:5 bit 74:1 100:12 161:19 blah c calculation 66:22 calhoun 1:1 2:2 call 9:7 35:23 52:1 72:21 103:5 119:19221:1 called categorization 149:13 categorize 27:9 142:1 170:19 categorized 12:11 113:2 170:21,22 171:1 180:13 182:12,13 categorizing 142:10 21:11,13,20 90:1391:9 60:8,8,8 122:5 138:13 206:8,15 category 115:19 beginning 21:9 62:5 90:14 215:16 body 27:17 calling 76:22 32:8 46:22 48:17 56:20 72:18 73:8 76:16 77:6 78:5 79:18 84:3 97:12 98:17 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013149 [category - conjunction] category (cont.) circuit 101:11 103:11 105:13 1:1 2:2 112:17 118:20 149:20 circumstance 152:5,6,22 153:10,11,15 110:12 198:5 162:7 207:17 circumstances cause 167:13 205:10 223:1 city causes 5:1 131:12 civil cc 1:5 2:6 221:1 221:1 claim cdc 17:23 33:23 44:12 173:1 93:13,17 claiming certain 13:4 14:2 29:13 136:18 14:9 98:21 109:2 110:10 139:13,14,16210:13 121:20 160:19 167:14,22 claims 186:4 213:14 215:2 112:6 certainly clarification 81:21 94:13 106:7 109:20 82:18 212:3 113:19 152:20 164:1 171:8 clarify 174:11,12 14:23 18:10 34:2 certificate dark 223:1 3:7 221:1 certify classification 223:1,1 157:13,16 158:13,14,21 change 159:10,13,20,22 160:9,22 224:1,1,1,1,1 161:5 162:2,13 163:3 changes 164:13213:6,13 221:1 224:1 classifications characteristics 157:19 61:2 206:21 classify charge 159:13 65:19 117:19 130:23 197:9 classifying Charles 57:20 210:7 3:3 clean Charlie 54:5,7 56:10 151:5 170:2 56:2 76:12 79:21 82:7 cleaned 175:16 199:5 207:6,12 184:21 218:6 219:18 clear charlotte 20:16 46:19 105:2 181:6 211:17212:5 185:5 checked client 218:22,23 219:1,2 51:19 52:1,22 53:21 73:5 chemical 127:15 138:20 139:20 69:22 70:1 205:23 150:10 170:4 chicken clients 118:19 19:2 47:21 choccolocco close 60:17 85:4,6 128:4 chose closed 12:1441:12 183:16,17 chronological coburn 142:10 145:16 68:6 chronologically code 36:4 142:2 143:11 144:1,22 157:15 159:14,21 207:14 146:10,22 coded communication 57:15 207:16 208:17 68:16 92:12,13 93:12,19 209:17,23 134:1 139:19 coder communications 58:10 162:17 17:12 19:1,2347:2051:18 coders 69:21 70:10 73:4 88:13 58:6 157:14 165:21 168:12 89:14 91:19 92:16 93:16 171:2 185:11 208:14 123:1 133:5 171:10202:11 209:15210:1 companies coding 70:10 89:12 206:5,6 58:11,15 59:6,15 60:13,21 company 61:5 157:11,11,15 160:2,15 1:6 2:7 26:16 46:16 68:7 163:6,11 171:3 177:11 82:9 113:5,15 114:4 163:11 208:3,4,20 209:9,12 210:7 163:14 colleague compilation 23:23 185:10 120:1,4,6 216:22 217:7 collect 218:7 88:12,17 93:2 96:10 116:23 complete 124:10,23 71:21 79:12 106:6 collected completed 21:8 27:22 28:11,13 42:8,9 59:6 221:1 44:23 62:20 64:2 77:15,20 completely 87:14 115:10,15 124:1 73:16 171:17 183:12 component collecting 189:16 192:3 194:2 87:16 90:20 96:9 182:22 comprehensive 183:1 162:3 174:13213:17217:9 collection 217:20 218:10 9:8 21:20 22:16 24:16 computer 26:19 28:16 29:6 62:18 41:4 48:7 58:15,16 61:22 85:15 89:22 91:23 114:13 62:1,3,5 151:23 152:11,12 116:22 123:6 137:11 157:5,20 207:9 145:14 171:15 188:18 computerized 203:1 48:9,14 61:12,13 65:22 collections computers 115:16 152:2 collective conceivable 12:8 50:7 collectively concept 40:12 64:9 18:4 comfortable concepts 22:6 72:23 31:21 commencing concerned 180:10 151:19 commenting concerning 26:17 223:1 comments concerns 56:13,17 151:5 169:23 112:23 185:8,18,20 conducted commission 74:19 82:9 222:1 223:1 confess commissioned 125:23 223:1 confused commissioner 28:21 44:6 4:7,20 conjunction 77:4 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13150 [connection - deponent] connection copy covered deal 6:16,19 24:3 53:15 69:13 12:22 41:5 54:7 61:15 88:21 188:1 22:12 34:4 117:21 216:12 78:10 85:20 86:12 90:8 184:18 created dealing 120:8 124:12 172:15 180:4 corners 149:21 217:18 105:5 193:16 195:17 17:11 creating dear consider correct 58:4 221:1 41:13 72:9 75:23 6:7,15 7:23 8:14,21 17:14 creation debate considered 17:17 18:20,21 21:12,14 113:10 140:5 91:11 172:20 24:11 25:9 26:1 27:8 28:9 creature decided consist 29:5,9,20 35:21 40:5 41:2,7 155:16 59:10,21,22 145:7 167:6 91:2 41:14,1544:1045:1446:13 creek decision consisted 46:14 53:13 60:6 65:11 60:17 82:3 85:4,7 106:21 115:18 129:5,8,8,16 91:5 66:9 67:8 69:6 83:13 85:22 criteria 129:18 130:1 160:8 177:17 consists 107:1,15 115:1 136:11 129:4,12,18 132:12 167:22 217:3 58:17 159:9,15,16 161:1 164:15 cropping decisions consolidated 176:10 181:2 184:20 90:13 132:12 160:20 213:12 1:6 2:7 185:17 190:8 192:12204:9 csr decline constitute 210:9 213:15223:1 4:6 221:1 77:8 203:8 67:14 corrections Cunningham defendant constituted 221:1,1 224:1 3:4 207:13 212:7 213:21 172:21 137:10 correspondence 214:1 215:11 216:4,19 defendants consult 26:6,7,21 27:4,11,15 29:16 217:11 218:18 219:4 220:1 1:7 2:8 3:6 94:11 141:11 34:8 35:9 36:13 39:14 52:4 220:10,17 defense consultant 52:13,14 54:1,8 72:4,14,15 currently 9:20 162:19 95:11 73:12 124:5 126:10 130:9 65:6 187:19 defer consultation 130:17 131:4 132:2 135:1 custody 95:4 94:20 135:20 138:21 145:2 18:15 182:7 define consuming 148:21,22 202:11,22 customers 14:10,13 50:9 170:10 203:14,23 89:14 206:22 defines contain counsel cut 42:4 48:23 55:2 69:11 153:3 4:4,13,14 6:3,8,9,11 9:9 213:21 214:16215:12 definition 155:17 23:16 31:8,12 32:5 48:3 216:1 217:13218:11 96:22 contained 51:22 58:9,13 59:9 66:4 219:18 deliberation 52:7 61:5 69:21 94:22 116:8,11 121:2 129:3 cv 47:7 content 129:21,23 153:12 156:16 1:5 2:6 delineation 154:17 contents 132:22 135:11 166:20 context 93:14 contractor 163:7,8 contributed 124:11 contributions 165:14 168:16 169:17,21 190:13,19211:2 216:7 223:1,1 counsels 39:18 47:6 146:16 counsel's 40:10 121:18 156:1 175:9 country 204:18,19 205:4,17 county d data 77:15 163:15 database 1591 21212 date 32:23 178:23 224:1 dated 63:11 100:7 158:8 deliver 66:7 demand 32:8 65:17 66:2 110:22 111:1 140:12 141:3,5 153:18 175:13 demands 140:5 176:22 department 124:6 control 28:10 163:15 controversy 223:1 copied 183:23 185:12 copies 41:3,6 44:9 53:23 54:5 56:1061:10 151:5 165:6,7 1:1 2:2 course 5:1821:6,8 28:1551:17 20:22 david 911 6412 89:4 119:12 134:10 142:12 149:22 150:13 court 1:1 2:2 23:3,4,4,5 101:22 day 15:23 103:4 222:1 223:1 days 221:1 104:19 day's cover 144:4,6 16:18 18:16 23:14 27:21 28:7 46:11,12 186:18 depend 74:22 dependent 162:10 depends 84:14,16 120:20 149:18 151:1 206:13 deponent 182:7 219:10 98:20 220:21 224:1 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013151 [deposes - drawers] deposes discern document (cont.) documents (cont.) 5:5 220:6 155:7,10,12,14,18,21 156:4 123:19,23 126:16 127:1,7 deposition disclose 156:7,18 158:1,9 159:1,5 128:15,17,18,22 129:6,13 1:11 2:123:21 4:5,166:16 35:17 38:8 44:22 55:11 160:7,21,21 161:9 162:6 129:23 130:2,14,16 131:1 6:17 7:1 30:13 32:1 180:6 132:19 135:11 163:1,10 165:22 166:19 131:19,23 132:22 133:19 221:1,1,1 223:1,1 224:1 disclosing 168:11 171:2 177:6,16 135:19 136:15 137:7,12,15 describe 39:5 55:8 154:17 178:21,22 179:4,6,9,11,16 138:7,18,23 139:4,15,17,21 10:14 48:12 60:22 61:7 disclosure 181:17 182:2 183:5 184:13 140:3,7,13,22 141:1,4,20 77:17 152:4 154:9,18,21 64:1 185:7 193:12 195:1 205:8 142:1 143:10,13,14,15 156:17 discover 207:15210:7 214:19 144:7 145:14 146:12 149:7 described 137:18 147:7 documentation 149:8,9,11,16 151:7,10 8:2 91:7 151:8 153:12 discoverable 189:18 153:14,22 156:13 157:21 177:1 207:5 documents 159:11,14 160:1,5,15 162:4 description discovered 6:19,20 7:3,5,10,11,13,15 162:7 164:11 165:9,11 48:4 54:15 60:11 150:22 128:17 129:1 7:21 8:1,3,8,10,15,16,16,18 166:4,5,10,12,21 167:14,19 151:1,3,9,10 157:10 162:16 discovery 8:23 9:2,3,6,9,15,17 10:1,3 168:1,6,8,15,21 169:3,4,10 designated 32:7 49:16 54:18 65:17 10:7 11:2,3,10,11,15,21 169:12 170:1,2,18,20 171:9 126:2 71:6 98:11 102:8 104:21 12:7,10 13:3,5,21 14:9 15:7 172:16,18,20 173:6 174:2,6 designed 105:15 106:5 108:20 17:7,7,10,11,16 18:12,19 174:9 175:1,2,9,11,14 106:6 110:22 111:1,16 138:14 18:22,23 19:5,6,18,22 20:8 176:2,6 177:5,8,10 178:1 destroy 140:1,5,12 141:3,5,9 20:10,11,15,18,23 21:4,7 179:13 180:11,12,16,21 95:1 153:18 166:21 167:5,17 21:13,15,18,20 22:1,10,16 181:7,12 182:5,8,10 183:6 destroyed 174:8 175:12 181:1,9 187:3 24:3,10,15 25:2,4,10,14,16 183:12,14,22 184:3,5,11,16 195:22 196:3,5 198:17,23 188:17 25:19,22 26:12,18,20 27:1 185:4,14,20 186:3,20,21 detailed discuss 27:3,4,18,22 28:10,13 29:7 187:1,2,8,11 188:8,13,17 49:23 125:3 37:20 29:21 30:11 32:3,9,9,10,11 188:22 189:9 193:7,11 details discussed 32:17,18 33:9 34:3 36:3,11 194:14,20 195:8,11 196:15 124:20 27:23 31:8 39:1340:1,15,17,18,23 196:16 197:9 198:17 determination discussion 41:6,8,11,17 42:2,6 43:5 199:10,17200:12,14201:8 194:4 216:15 132:11 164:6 180:1 44:8 46:10,15,16,23 47:1,4 201:12,18 202:5,7,9,21 determine discussions 47:9,14,18,23 48:1,5,15,18 203:12,13,19205:2,11,17 76:11 180:12 48:22 49:2,14 50:3 51:1,7 208:1,14,16,18,18209:11 determined disposal 51:14,15,20,23 52:5,7,23 209:17,22 210:12211:8 180:17 22:12 24:10 44:16 49:11,21 53:4,10,23 54:5,16,22 55:3 213:14,16,19214:10,20 developed 50:18,19 56:9 57:2,16,22 58:2,20 215:1,2,8 216:10,13217:10 28:1491:13 disposed 61:1,3,21 62:18,20,22 63:1 218:7,10,13,15,17220:14 dictated 49:22 50:21 197:12 63:7,13,16,19,20 64:8 document's 60:7 distort 65:23 66:2,13,19 68:20 126:8 different 16:6 69:7,11 70:17,22 71:5 doing 27:12 30:5 31:15,21 33:14 distribution 72:18 73:1,3,9,17,23 75:19 37:11 50:1268:1 119:5 53:7,8 87:8 100:8 104:3,8 201:20 80:4,18,23 81:14 83:15 135:16 143:23 144:1 156:9 114:2,3,5 116:2 145:11 doctrine 84:3,9,11,14,21 85:2,10 167:12 171:7 209:10210:6 147:10 155:15 162:3 31:13 86:18 87:4,4,10,17 88:11 domain differently document 89:1,3,18 90:2,11,20 91:7 134:13 202:17 11:5 16:9 17:22,22 29:8,13 92:3,9,22 93:2 95:20,23 donald differs 30:16 31:6,9 42:4 48:22 96:1,2,10,11,14,20 97:1 3:3,4 10:6 38:16 44:20 180:8 50:8 51:11 52:2,2,21 53:22 98:18,21 99:5 100:6 102:1 45:19 71:8 97:19 107:19 difficulty 54:11,19 55:2 56:8 57:19 103:12,15 104:7,10 105:4 109:10 122:16 135:17 81:22 104:14 58:6,6,10,10,14,14 59:7,8 105:14,17 107:3,4 108:3,4 145:22 153:7 179:3 193:2 direct 60:5,8,12,14 61:8 62:9,11 108:13,15,17,22 109:3,4,17 197:7 198:6 200:3 202:15 3:17 5:7 65:9,10,1569:1884:16,19 110:6 111:7 112:2,11,14,15 207:21 213:4 218:9 221:1 direction 86:7 87:1 89:21 91:23 94:3 112:16,22 113:21,23 114:1 dr 53:14 97:10,13,21 98:1,14 99:21 114:16,17,21 115:3,21 117:12 118:5,9,17 disbursed 100:8 121:1 127:13 129:19 116:14,18,20 117:1 118:14 drawers 183:8 137:11 140:17 153:4,10,13 119:9,11,15 120:9 121:4,9 212:19 153:17,23 154:1,3,10,11 121:12,22 122:6,12,22 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3152 [drove - figured] drove entire 119:13 72:10 80:9 203:1 due entirely 173:9 155:15 duly entities 223:1,1 203:16 204:3 dummy entitled 41:20 14:1237:16,18 duplicate entity 181:11 202:12,23 208:1 duplicated enumerate 181:20 50:7 e environment earlier 91:9 9:451:1659:5 61:9 66:11 environmental 74:2 90:7 98:19 103:13 112:23 113:2,6,15 114:1 137:9 165:18 171:13 117:18,22 188:22 191:1,3 epi early 74:15 29:18 32:23 epidemiological easily 44:17 74:10,18,23 75:10 104:2 76:2,16,18 118:16 142:16 efficient errata 168:6 186:10,19 221:1,1 224:1 efficiently 167:16 esq 221:1,1,1 efforts essence 89:22 146:17 eight 60:1 established 208:7 209:19,21 210:2,3,14 either 42:9 46:10 70:21 126:7 69:9 establishing 166:8 129:21 143:10 144:21 estimate 152:11 184:1 188:23 11:18 169:22 201:21 elements estimation 112:9 154:5 212:15,21 177:11 et elicit 1:3,6 2:4,7 98:12 europe emerge 91:9 202:13 european employed 202:23 203:16 204:3 57:19 223:1,1 employee evaluate 129:12 93:17 103:19 113:15223:1 employees 54:2 114:3 130:7,18 163:5 evaluated 129:2 evaluation 163:16,17 164:3,5 encompass 153:22 155:21 156:1 events 63:18 engine 119:13 142:12 150:13 everybody 44:3 engineer evidence 126:1 197:8 4:17 109:20 entered 157:17 exactly 7:11 23:1031:16,18 143:6 exactly (cont.) f 213:23 216:8 facilities examination 116:16 3:14,16,17 5:7 223:1 facility examined 116:1,3 140:18 183:5 2:13 5:4 223:1 fact example 29:6 35:7 36:10 97:9,20 27:3 98:9 102:7 105:2 110:13 exchanged 137:8 143:8 188:5 197:17 73:13 218:11 excised facts 179:18 102:10,14 103:7 excuse fair 175:20 19:11 22:8 38:22 66:18 exercise 67:1268:1090:18 112:15 10:9 61:3 117:17 168:17 176:4 exercised 197:10 10:6 fairly exhibit 103:11 138:13 178:11 30:12,20 158:18 172:13 fall 174:18 180:5 76:15 118:19 exhibits familiar 3:19 30:17 62:17 86:9 95:7,9 103:8 exist far 59:2,3 60:10 70:22 96:2 176:4 185:4 194:15 existence 215:11 89:18 124:1 farms exists 22:21 24:12 59:4 fashion expect 36:12 51:20 109:18 115:5 126:5 148:11,22 171:1 175:7 expert fax 94:2,12,17,19 1:20 expires february 222:1 223:1 23:12 explain federal 31:22 104:12 105:19 109:5 23:4,5 157:8 feel explanation 22:6 72:23 131:10 132:17 106:17 111:22 112:1 165:3,4 221:1 explanations fellows 110:4 144:9 extend felt 28:18 33:11 162:11,14 extensive ferguson 180:11 85:17 extent fifty 50:5 64:1 69:16 80:1 89:17 215:1,1 114:2 115:6 123:23 124:18 fight 180:9 190:10219:17 204:21 external figure 123:3 6:22 16:1 19:6 86:8 154:15 externally 176:13 132:1 figured extract 160:3 59:23 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013153 [file - government] file focus frame (cont.) generating 20:2 34:9 35:2 44:13,14 20:20 27:23 88:12 112:19 117:2 25:1 186:21 187:1 117:6 122:5,6,8,11 149:20 fold framed gentleman 151:4 184:14 212:19,20,23 17:9 71:23 82:7 58:19 90:4 160:11 167:6 213:1 folders franklin getting filed 212:20,23 213:1 3:7 221:1 136:14 22:23 folks frankly gift files 118:10,11 133:6 104:14 173:23 33:3 77:12 90:5,11 91:1,4 follow free give 91:16,20 92:1,8,15 98:12 11:8 218:5 221:1 19:13 21:22 49:5,10 50:2 114:4,7 116:4,7 120:9 following freely 67:3 72:5,14 74:11,20 121:20 136:9 142:5 143:7 159:4,12 206:21 75:19 98:18,20 111:8 135:9 148:14 150:2,4,20,21,22 foot full 150:20 161:14 163:17 151:4,13 163:22 182:15,23 60:23 106:6 157:7,9 167:21 168:7 169:2,21 183:10,13,14,16,19,23 force function 207:22 212:7 216:5 184:6,7 196:17 200:5,8 50:10 110:21 given 209:4 217:20 218:19 ford functions 72:8 80:20 121:21 138:6 filing 2:15 4:6 221:1 223:1,1 114:3 160:9 175:6 201:10 223:1 4:20 forgetting further gives fill 136:13 220:21 223:1,1 48:21 58:7,11 filled 59:6 form 4:14 12:21 13:7 33:4,6 34:10 35:12 48:19 52:18 gail g giving 55:6 72:10 135:10 168:8 glad final 59:4,4 68:17 71:16 74:3,13 221:1 192:8 finally 75:14 76:21 81:9 82:22 85:23 90:16 92:4 94:5 95:2 11810 go 23:10,14 33:17 36:2,14 173:10 financially 223:1 find 7:3 12:19 19:1536:15 96:4 99:14,22 100:14 101:1 103:22 106:2,14 108:9 109:12,23 111:12,19 125:16 126:6 135:7 136:20 143:4,17 144:12,16,23 189:23 190:3,5 191:8 192:1 192:4,16,21 193:5,19,21 194:12,13 195:13,15,18 19623 1971 3 37:4 38:3,14 40:21 62:23 64:4 70:18 73:9 79:13 81:1398:23 101:8,15 102:17 103:3 108:14 127:19 131:19 148:2 153:8 48:15 57:12 107:22 109:17 127:3 142:23 144:10 150:6 151:22 155:19 161:12,21 166:16 169:5 21:13 90:10,11 171:4 184:12,19 189:8 202:6 163:23 169:15 184:15 193:10 205:19,21 206:7 fine 178:22 179:3,5,8 190:22 191:10 194:18,22 196:7 197:5,15 201:4 204:15 21:5 25:5 43:6 124:13 19818 21 goes 65:17 101:3 102:19 106:21 156:21 214:1 215:12 5:14 148:5 finish 45:22 46:1,4 83:23 206:1,9,17210:18 former 7:138:19 20:9 21:3 22:9,17 24:17 90:22 going 9:18,22 10:2 16:3,4 22:5 35:13 37:5,14 70:2 72:17 firm forth 3:4,7,9 9:11,12 18:1565:18 27:11 130:8 68:6 108:8 120:17 forward first 28:11 56:4 91:10 22:22 27:19 30:12 31:7 found 63 8 9 11 1215 1723 21:23 23:16 53:9 94:18 116:2,22 138:22 139:3,6 140:7 167:9 205:9 77:8,17 91:10 95:4,10,12 98:13 99:12 100:12 102:20 103:3 108:7 114:17 123:16 125:23 126:8 127:12,20 129:17 135:8 139:5 140:4 73:20 83:17 87:9 104:2 113:14 151:20 176:15 181:23 223:1 71:7 128:19 131:4 132:8 156:22 foundation 4812 54 6 113 4 126 2 144:20 145:4 149:5 147:15 161:18 167:21 191:19210:10214:22 215:14 fish 77:5,14 82:3,8 83:19 85:4 95:3 102:14 143:5 190:23 191:11,18 192:19 193:2 119:13 188:9 good 112:9 114:19202:2 86:19 fit 19:2 129:7 160:22 162:12 five 161:5,6 flew 56:3 194:19,23 196:8 197:6,16 206:10210:19 four 17:1057:15 119:22 158:16 158:18 187:9 frame 21:21 22:13,19 24:18,22 20 8 2614 29 16 5T17 89:4 118:13 125:22 126:13 126:16,19 127:2,8,14 gotten 75:7 104:13 202:7 governed 128:16,18,23 130:3,7 131:2 162:15 131:23 133:20 174:15 175:7 189:22 203:18 government 132:5 134:9,18 135:4 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3154 [greene - indicated] greene head historically ignorant 3:9 19:17 188:10 105:5 110:10 157:8 greensboro headquarters history imagine 3:10,10 31:1042:1 41:19 189:1 193:4 165:1 grew health hogwash impact 22:16 28:16 113:7,17,23 114:6 117:3,6 34:15 102:15 104:9 grid 117:10 118:2 hold important 158:6 hear 6:13 79:1 219:21 33:11 48:4 61:4 161:9 grounds 172:2,3 holly 162:20 220:15 4:15 172:23 heard 22:21 24:12 importantly group 16:20 home 161:8 9:15 25:5 90:1 120:16 hearing 199:12 200:13 201:2 impossible 144:15 170:17 203:12 5:22 homes 71:19 153:15 171:5 grows heavens 217:21 imprecise 97:6 173:22 hope 76:9 guess heavily 131:11 195:14 incident 10:20 16:22 26:22 117:5 89:8 horse 25:20 26:8,15 27:15 32:20 136:14 147:16 190:11 heck 98:20 34:5,7 35:10 49:5 54:3 59:1 205:16211:6 213:1 218:4 138:12 house 59:14 71:12 72:5,21 73:10 guidance held 97:10 204:1 39:1 136:6 164:6 180:1 housed include guy helms 8:23 84:12 96:3 142:4,5 42:17,19 48:4 60:4,11 89:6 68:1 106:12,13 3:9 9:11 18:14 62:17 65:14 186:10,12,14 91:14 125:3,8 155:20214:8 guys 65:18 67:1 120:17 129:9 huh included 220:11 163:8,9 164:16,19,20 33:21 81:17 48:2 64:7 130:20 180:18 h 181:14 182:6 184:2 186:20 humor 201:14203:13 halfway 208:22 211:7 199:12 200:13 201:2 hall 41 20 hamper 131 7 help 212:4 221:1 helped 158:3 hem hand 51:21 166:10 223:1 handed 172:8 56:1 hereto 223:1 hereunto handle 223:1 9012 hidden handled 118:5 happen 22:1440:347:1971:15 happened 46:15 202:4 hide 45:1846:10,15,19 167:1 199:3 hiding 29:17 115:13 167:8,9 170:14 happens 102:4 126:16 hard 45:19 hierarchical 157:12 159:21 207:13 hierarchy 157:18 12:22 41:3,5,6 44:8 51:14 51:20 53:23 56:10 61:10,15 112:19 137:7 165:6,7 184:18214:9 219:10 high 175:17,19 hill 66:15 harm hire 205:10 hat 7:2 95:11 hired 163:8,10 164:18211:6 41:22 including hundred 119:22 123:1 88:3 inclusion hurt 47:5 59:10 129:3 194:1 incomplete hygiene 71:1883:1 117:15 118:4 incorporated hypothetical 221:1 71:13,18 72:20 105:3,10,13 index 145:12 150:14 197:19,21 3:14,19 43:13 45:12 55:1 197:23 56:7,21,22 57:1 61:18 hypotheticals 63:11 121:2,4,15,17 141:16 102:13 146:12 149:17,18 151:17 i 151:21 153:19 154:7,15,18 ibt 91:14 idea 154:22 155:4,15 156:8,14 198:21 214:17215:1 217:9 218:10,12 12:4,6 178:2 207:23 212:13 identical 100:5,6 103:14 182:1 identified 66:3 174:7 175:12 179:10 indexed 149:12 indexes 120:23 indexing 183:15208:19209:11 identifies 65:23 157:20 identify 115:6 167:8 199:13 indicate 99:8,11 100:11 104:1,7 105:21 106:11 120:9 9:16 111:17 160:5 172:10 176:11 178:18 179:2 identity 213:15,19 indicated 61:9 66:23 90:9 101:10,21 128:12 139:9,11,12 165:18 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013155 [indicates - known] indicates instructions j keyed 110:14 57:22 indicating intend 33:21 81:17 147:8 indication intending 121:22 128:1 131:15 indices intends 63:13,16 64:6 69:16 individual intent 103:18 42:5 55:13 individuals interest 62:19 119:14 industrial interested 89:12 117:15 118:4 223:1 industry intermediates 205:23 191:8,15 192:2 information internal 21:23 25:23 38:8 39:6 26:7 27:4 32:19 123:2 48:23 58:12 59:9 61:1,6 internally 66:1 68:14 69:4 77:20 78:5 132:1 jan 58:15 211:15,16 kill jane 192:23 21T12 14 kimbrough january 91:20 92:14 93:5 94:1,11 245 kind japan 12:15 17:18 19:2 25:22 25:11,13,14,21 26:3 47:2 48:23 49:8 52:20 jean 53:21 54:19 58:1 59:15 6415 60:4,9 61:6 63:2,10 74:22 jerry 84:14,19 109:10 113:6 19014 114:22 118:12 119:14 jones 120:1 121:10 140:17 54:2,9 148:20,21 149:19,21 142:21 149:12 155:20 150:3 158:7 160:8 204:23 205:6 joseph kinds 910 33:9 44:17 45:3 46:23 47:1 jr 34 49:18 51:6 52:22 54:16 56:16 70:22 80:23 87:17,20 79:14,15 90:23 94:13 98:11 interrogate 110:9 120:15,17,21 122:2 48:14 124:23 125:5 133:1 157:14 interrogatory 162:16,18 188:10 194:2,9 43:3 194:11 195:14 199:16 interspersed 206:20 207:4 52:4,9 166:3 inherent invade 155:23 156:2 16:5 34:13 37:14 69:17 initial 78:13 93:9 96:6 129:13 24:17 invades initially 36:19 77:23 78:16 147:3 69:8 202:16 203:6 input invading 48:19 171:20 34:17 45:7 59:18 60:20 inquiry 61 17 judge 37:8 103:2 156:10 judgment 10:2,7 61:4 73:22 76:10 105:22 107:9 109:10 110:18 111:8 130:10 150:10 161:17 165:22 168:14,15216:15 july 1:132:134:8 181:5 221:1 223 1 jumbled 2155 k 143:1 187:9 knew 19:16 32:21 44:15 59:13,13 84:19 86:6 190:16 205:6,6 205:13,22,23 know 7:2 12:8,15,19 16:14,21 19:12 24:14 25:19 26:5 42:13 44:15 45:5 47:9,10 58:22 60:22 64:6,13 65:5 67:22 68:13 69:3 71:1 74:6 75:8 77:22 84:10 86:2,4,16 87:3 88:3 91:3,17 96:2,13 99:18,20 100:1,1,2 104:3 107:20 112:1,3,6,6,7,10,13 49:3,7,8,12 50:14 51:2,10 invoked kaley 112:14,20 116:6 120:4 65:21 80:8 101:12,18 217:2 118:5,9 119:10 141:20 121:19 125:19 126:1 133:3 ins involved kaley's 133:18 134:7,8,14 135:5,17 141:8 67:5 118:21,22 148:7 117:12 118:17 136:3,17 138:6 139:6,23 insight 160:14 167:4 196:18,22 keep 140:16,20 141:8,23 143:6 216:6 213:11 136:13 142:17,19 148:3 144:14 147:14 152:2 156:3 instance involvement 215:21,22 156:6,7,13 163:16 164:23 79:21 105:16,17 148:12 118:8,23 keeping 165:2 169:11,19 175:18 instances involves 119:11 178:3,5,6,9 187:17 188:4,7 99:9 78:22 kelly 189:18,20 191:4,13 195:20 instruct involving 3:8,22 16:15 31:23 47:11 195:23 196:9 197:7 200:16 34:22 37:5 38:10,13 102:21 187:21 57:17 66:17 70:3 121:16 208:9 210:21,22 211:3,5 127:21 issue 139:14 147:21 148:5 219:3,5,6 instructed 13:10,1491:8,12 131:8 171:12 179:3,7,16211:19 knowledge 58:19 196:13204:1 219:13 212:3,11 219:16221:1 6:20 63:8 191:5,12 197:17 instructing issues kept 199:1,23 205:9 223:1 37:2 38:4 132:15 39:2 69:14 113:3 117:7,22 117:5 121:20 142:11 knowledgeable instruction 118:2 154:6 150:12 164:4 196:11 67:11 68:2,9 39:10 55:5 133:11 135:9 it'll key known 136:1 159:23 157:5 146:15 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOOI3156 [knows - manufacturing] knows leading litigation (cont.) looked (cont.) 47:11 96:17 195:5 4:14 204:21 53:16 55:4 58:4,16 59:11 216:23 218:17219:5 kriegshauser leave 59:23 61:5 62:21 63:14,17 looking 1:182:14221:1 223:1 30:7 87:13,17 111:9 116:18 65:22 68:22 79:9 119:6,15 49:1 57:6,13 84:20 118:15 krummrich 126:21 137:14 119:17,18 120:22 145:9 121:19 139:7 148:12 7:1925:6 76:3 116:13 lecture 154:6 156:23 157:17 166:9 149:10 153:19 154:5 I 37:23 167:4,7 173:7 174:14 175:3 155:13,14 156:8,14 160:7 1.1.c. left 175:4 180:14,19 181:1,9,15 162:17 205:8 208:6,15 3:7 221:1 9:23 10:13,21,22 11:12 196:12 208:21 216:16 214:9 215:6 218:13 220:13 1.1.p. 3:9 80:18 100:10 116:17 litigators 134:13,14 137:2,3,6,8,16 162:20 looks 129:23 ladies 138:11 139:10 little lot 211:23 legal 30:5 31:14 41:20 42:23 144:3 152:2 156:15 165:11 laid 14:5 158:3 160:16 165:23 74:1 89:11 99:12 100:12 220:12,14 215:4 166:1 168:14 161:19 175:19 191:20 louis large leighton 210:11 1:20 2:14 4:8 5:1 22:3 4:8 48:1 183:13 3:4 loan 41:19 42:3 56:4 60:16 larger letter 148:13 149:20 150:2,4,20 64:21 67:7,12,20 68:5 9:15 117:6 208:10 3:22 30:2,20 58:22 177:15 150:21,22 151:4,4,13 115:23 116:1 142:7,8 182:1 late 57:3,4 91:10 119:6 letters 19:23 52:4,12,14 53:2 loans 148:12 184:8 189:2 218:3 220:4 223:1 lavere 170:4 local m 211:15,17 letting 88:13 main law 128:7 131:13 locate 117:19 3:4,7,8 18:14,16 23:14 27:21 28:7 46:11 68:5 library 180:19,22 181:8,13 108:7 167:23 located maintained 21:5 119:2,4 198:20 94:18 95:5,9 173:5 186:18 light 8:23 34:9 35:1,3,8 39:13,14 maintaining 216:12 26:15 41:1851:1267:1 87:5 20:10 119:9 lawful lightfoot 96:14 98:15 108:4 127:9 maintainQ 5:4 lawsuit 3:7 221:1 limited 140:14 174:2 184:14 188:16,23 193:11 196:17 84:15 193:16 52:13 locations 185:1 204:19 lawsuits line 84:13 making 187:6,18 128:4 224:1,1,1,1,1,1,1 log 14:21 29:4 106:21 112:7 lawyer 13:22,23 27:10 46:17 51:19 list 120:7 187:15,16 188:6,9 165:16 172:14,18,22 174:14 175:6 176:1 178:20 126:23 165:7 213:11 man 53:12,15 97:22 103:13 212:7 218:18,21 224:1 178:21 179:8 184:23 185:3 15:12 193:12 105:16,18 112:9 141:8 listed 199:13200:14201:3,10 manipulated 150:1 151:12 154:3 155:22 8:15 logs 186:11,11 160:13 166:1,9 177:15 185:18,19 listen 97:18 207:11 173:14 178:18 179:17,21 long manner 154:19,21 194:17 lawyers literally 15:23 169:13,22 178:4,5,6 manual 9:18 10:7 12:14 14:4,6 215:15 178:9 207:23 208:4 210:21 125:7 17:13 18:20 19:1 27:7 28:9 literate 210:23 manufacture 41:12 59:22 62:16 78:21 152:12 look 25:3 87:12 90:21 105:6 97:2 103:20 154:14 157:23 literature 8:4 13:2 58:6 60:13 70:18 108:18 137:13 138:1 205:3 160:16 170:1,5 171:20 124:19 84:5 124:2 129:6,17 140:4 manufacturer 177:19,20,21 187:4 199:2 litigants 140:7,23 141:4 144:9 204:18,19 213:11 186:22 146:11 149:6 153:16,17 manufacturers lawyer's 46:13 153:3 156:5 litigation 6:3,11 7:9 8:6 9:7,21 10:3 157:23 169:14 170:8,17 172:13 182:16 184:10,18 69:23 132:7 manufacturer's lay 14:7 17:15 18:2 22:18 207:8 209:3 218:8,12 219:9 70:1 108:10 23:18 24:5 26:13 28:2,12 looked manufacturing lead 28:14,14 29:3 32:12 33:12 56:4,12 57:3 71:4 115:17 7:14 89:5 124:21 125:6,13 207:14 44:13,14 46:11 47:8 48:2,8 154:3 156:3,12 170:23 48:9,20 49:19 52:8,16,17 208:12,14 209:1 213:2 125:20 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013157 [march - noticed] march 223:1 mark 30:13 37:6 38:2 102:23 178:14 185:14 marked 30:18 marking 30:10 married 65:4,6 mars 66:15 mass 48:1 143:13,14 mathematical 66:22 matter 11:22 36:8 52:17 94:7 95:17 98:22 99:7,10 109:7 110:18 138:2 142:2 143:12 144:2,3,22 146:11,22 157:13 160:13 186:15 199:20 matters 34:4 95:5 113:7,8 114:5 210:5 223:1 mean 28:7 52:21 54:7 56:15 63:1068:1,11 73:1885:14 90:6 103:16 106:19 111:4 111:15 114:8 121:4,8 130:16,17 153:19 157:9 166:18 177:3 183:1 185:2 201:7 208:4 214:14 means 61:14 128:16 202:2 meant 82:11 mechanical 177:3 medical 76:14 87:20 medicine 117:16 meeting 69:18 135:21 meetings 69:11 memoranda 53:10,11 135:21 170:5 memorandum 60:9 171:12 memory 163:19 memos 20:4 26:9 32:19 130:9 mentioned 50:20 53:1,6 73:9 103:13 188:21 mercury 196:16 met 98:13 method 47:1661:13 128:16213:7 methods 49:21 50:19 147:11 michael 3:8 221:1 microfiche 12:23 mike 171:11 mike's 9:12216:12 military 192:17 million 63:1,4 64:7 148:10 149:11 209:16 mind 35:23 40:10 67:9 112:21 216:6 minneapolis 163:13 minute 18:7 50:20 56:9 63:22 79:1 133:12 199:5 219:21 minutes 69:11,19 147:22 missed 158:11 162:8 167:3 missing 89:23 mississippi 86:10,11 missouri 1:20 2:16 4:7,8 5:1 95:7,9 95:10 223:1 misspoke 43:12 mistake 5:11 73:20 168:1 mix 219:20 mo 2:14 223:1 monsanto 1:6 2:76:1,5,8,127:7,17 8:3,11 10:22 11:13 17:8 monsanto (cont.) necessarily (cont.) 19:4,5 23:9,12 24:23 27:5 201:6 27:20 28:3,6 31:8 44:12 necessary 46:12 52:16 54:3 57:20 4:12 62:16 65:7 69:22 81:6 89:1 need 91:1292:13,17 103:19 37:22 169:16 202:6 110:9 117:23 126:22 130:7 needed 130:19 133:5 136:6 138:18 9:20 167:10 163:7,10 164:21 180:23 neither 181:13 182:2,6,10 186:9 223:1 189:1 202:13 203:15 214:5 nelson 224:1 66:15 monsanto's nerve 6:21 68:12 80:18 189:23 190:3,5 191:8 192:1 month 192:4,15,21 193:5,19,21 169:15,18210:16 194:12,13 195:13,15,18 months 196:23 197:3 208:7 209:20,22 210:3,4,15 new moore 186:16 3:9 9:11 47:11 57:17 58:18 night 64:12,1365:13 158:1,13,22 57:4,4 159:6,7 160:3,10 180:11 non 185:9 208:19215:18218:8 27:7,10 184:3 188:5 morning nonlegal 27:2 168:11 move nonprivileged 186:6 37:17 51:16 97:10 98:2 moved 110:6 115:5 170:2 214:11 24:7 normal mulliss 21:551:17 119:12 142:12 3:9 150:12 n name 64:14 65:3 140:22 163:14 163:17 named 64:15 90:4 names 164:3,5 188:3 211:5,11 nassif 9:10 23:19,21,23 47:10 57:6,7,8,9 62:16 64:11 65:12 67:21 119:20 158:1 158:12 160:3,12 180:6 208:19215:17218:8 nati irp 15:1 35:16 97:3 nc 3:10,10 nearly 64:7 necessarily 29:14 33:1 42:20 100:16 104:23 107:16,21 109:14 110:17 111:6 127:6 140:11 north 1:19 2:14 3:8,8,9 7:22 8:6 9:1,2,6 10:11 15:8 18:2,12 19:3,8 23:1,2 26:13 29:11 31:10 40:22 44:11 70:7 80:8 96:3,14,20 97:11,23 98:15 123:12 184:19 186:6 186:14 189:4 203:3 212:16 213:17 214:2,6 220:4 221:1 221:1 notarial 223:1 notary 2:15 4:7 221:1 222:1 223:1 223:1 note 50:15 notes 207:8 notice 3:21 4:196:1730:14 101:10 noticed 101:19 155:7 156:17 180:8 185:7 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013158 [number - particular] number occur opposed page (cont.) 11:5 48:21,22 57:19 87:3 71:15 198:11 81:7 139:1 221:1,1,1 222:1 224:1,1,1,1 117:9 119:23 159:5 160:6 occurred order 224:1,1,1 176:13 179:14 183:13 22:18 25:21 106:1 198:7,9 217:12 pages 187:17 198:11 199:9,21,22 198:12 ordered 10:17,23 11:10,14,20 12:3 212:14 224:1 occurs 156:10214:12 12:5,641:8,11 42:16,18 numbers 102:5 ordinarily 44:8 63:1,5,19,19 64:8 30:17 212:8______________ offered 119:4 66:12,23 80:17,19,21 87:5 o 4:17 ordinary 136:15 143:13 144:7 165:9 oath 223:1 offhand 120:13213:4 149:22 organization 175:14 179:13 184:4 189:2 189:3 199:10,16,21,22 object office 18:1939:1941:1354:15 200:12,16 201:23 208:11 13:6 33:4,6 34:10 35:12,14 3:1041:20 46:13 116:2 117:12 118:18 122:18 208:11 209:21 50:4 52:18 59:17 60:19 188:16213:3 142:22 145:17 146:17 paid 61:19 63:23 68:17 69:15 officed 147:7,11 150:16 94:4,10 95:14 164:20 71:16 74:3,13 75:14 76:21 142:6 organizational papageorge 81:9 82:22 85:23 90:16 offices 78:21 146:14 90:4,5,19 92:7 95:21 98:13 92:4 93:7 94:5 95:2 96:4,16 2:14 223:1 organizationally 98:23 113:13 117:5,18 99:14,22 100:14 101:1 officials 143:22 118:7,23 119:10 141:19 103:22 106:2,14 108:9 132:5 135:21,22 organize 179:15 215:20 218:22 109:12,23 111:12,19 oh 40:7 45:21,23 46:8 61:14 papageorge's 122:15 125:16 126:6 135:7 24:21 79:17 166:22 172:11 143:9 144:14,18,20 145:14 91:16 92:1 96:13,19 126:12 136:20 143:4,17 144:12,16 181:10201:7 213:19 organized paper 144:23 148:16 150:6 okay 12:16 18:5 29:6 32:3,14 170:23 161:12,21 166:16 169:5 171:7 190:22 191:10,17 9:5 19:9 22:10,11 25:431:3 33:2,8,20 35:6,10,18 36:4,7 paragraph 32:16 34:6 38:17 39:21 36:12,18 38:9 39:7,17,18 30:21 57:15 158:17,18,20 192:18 193:1 194:18,22 51:8 71:14 72:12 80:3,11 41:1 45:13 47:2 54:14 179:18 196:7 197:5,15 201:4 204:15 206:1,9,17 210:18 81:5 85:10 86:14 87:3 77:18 79:5,8 123:17 142:13 paralegals 98:16 104:16 126:2 138:22 143:7 145:21 148:14 62:15 64:14 65:12 168:12 objecting 153:2 219:11 objection 146:8 152:1 179:20 201:1 203:9 217:11 ol 156:21 215:2 organizing 9:14 47:17 parathion 85:11,15 86:12,20 pardon 13:16 14:20,22 17:1 35:19 71:8 76:11 95:6 109:10 original 16:16 17:541:21 171:18 36:23 38:2 50:16 82:16,21 204:12 22:17 95:20,22 182:4,7,9 park 97:4 98:14 101:14 102:16 102:17,18 133:13 136:2 older 136:14 184:5,13 originally 10:19 parsed 147:20 153:9 172:1 182:18 once 25:5 183:11 185:21 73:23 204:7 215:6 41:22 159:17 ought parsing objectionable ones 146:18 31:4 50:13 objections 10:15 14:3 19:8 22:2 118:14 120:12 137:1,3 outlined 58:13 part 9:3,5 14:5 18:9 20:4 21:19 4:12,15 43:23 182:19 204:8 201:13 204:20 209:23 outs 23:2 28:2,5 29:2,3 33:8,22 objective ongoing 88:2,6,17 90:22 93:1 96:9 126:17 127:11 141:9 outset 35:18 42:20 56:7,15 69:23 71:10 73:17 83:17 84:23 106:8 114:10 116:23 123:22 124:10 137:10 observation oops 177:14 operating 167:1 outside 11:1283:10 116:11 85:9 88:10,16 96:3 98:10 100:20 103:15 105:16 106:12 107:4,7 110:19 112:10 5:15,20 owens 127:16 136:18 139:9 154:8 obstructive operation 85:18,19,20 154:14 159:1 161:6 162:11 37:13 obviously 43:20 44:2 55:12 132:15 87:7 189:7 operations 118:3 p.u. 3:4 p 171:23 185:15212:2 participated 67:23 159:8 176:6 181:11 opinion particular occupational 9:18 11:11 33:10 3:16,20 10:18 30:20 57:11 20:1 34:9 51:2 52:16 59:3 117:16 opinions 146:17 57:15 65:16 158:16,18 180:9 208:21 212:8 221:1,1 60:9 79:3 87:1 98:17 99:7 107:18,22 136:4 143:2 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013159 [particular - predecessor] particular (cont.) peck (cont.) person (cont.) plant (cont.) 145:3 149:8 152:5 153:11 67:16 68:17,21 69:15 70:2 162:11 164:20 191:16 192:9 193:5,18,21 154:9,11 161:8 163:18 71:16 74:3,13 75:14 76:21 personal 194:13 195:13,16 196:20 203:23 204:1 215:3 78:12,23 81:9 82:14,17,22 63:8 191:4 197:1,3 parties 85:12,23 88:18 90:16 92:4 personally plants 4:4 223:1,1,1 93:7 94:5 95:2 96:4,16 57:18 159:4,7 7:16 8:17 74:19 87:18 partner 97:17,18 98:3 99:14,22 pertain 116:19 68:5 215:17 100:14 101:1,7,9,17 102:9 98:21 154:1 please parts 102:12,18,22 103:22 106:2 pertaining 11:9 38:18219:23 221:1,1 161:5 106:14 108:9 109:12,23 70:3 221:1 224:1 passed 111:12,19 113:9 114:11 phone plug 136:6 122:15 123:5 125:16 126:6 103:2 49:3 159:22 pay 127:17,20 131:6 132:10 phrase plus 94:1 133:9,11 135:7 136:1,20 8:9 42:1,1662:16,1665:12,13 pcb 137:3 139:14 141:10 143:4 phrased point 7:8 9:7,20 11:2,3 20:10,10 143:17 144:12,16,23 40:20 128:3 56:22 61:11 63:15,18 90:3 21:1324:4 25:1 31:941:17 145:20 147:1,19 148:16 phraseology 113:20 116:6 160:18 191:5 41:23 42:6,21 48:1 50:23 149:21 150:6 154:16 140:5 198:18 207:15 212:3 70:13 79:9 84:21,23 85:9 156:19 161:12,21 166:16 physical poison 85:13 86:18,21 87:12,16 169:5 171:13,20,23 172:17 57:1 206:21 32:22 90:9,13,14 108:13,19 173:4,12 179:21 181:21 physically politicians 116:20 120:7 122:22 187:21 190:10,22 191:10 145:13 124:7,12 123:20 133:8 134:23 135:2 191:17 192:18 193:1,13 picked poorly 135:20 137:11 159:1 194:18,22 195:9 196:7 116:20 201:23 40:20 111:1 181:14 183:6,12,22 184:11 197:5,15 201:4 202:14 piece position 188:19 195:1 196:17 203:6 204:15206:1,9,17 170:23 5:23 6:6,13 30:8 31:9 47:14 197:13208:16216:11 207:19210:18214:14 pilot 97:14 138:17 181:3 pcbs 219:15,17220:8,11,19 192:15 positive 7:158:20 9:16 12:1321:19 221:1 place 23:6 25:3,13 42:22 43:6 44:16 pendency 28:20 35:8,10 36:14 39:15 possession 66:21 68:13 70:12 75:2,12 119:17 56:1 69:12 70:21 80:5 18:1442:3 80:19 116:4,10 77:5 78:11 82:14 83:4,5,9 pending 113:22 115:11,15 127:4,12 possibility 84:4 85:8 87:6,9 88:1 89:5 187:18 140:14 167:15 183:2,3,4,20 92:11 90:11,21 91:8,21 93:3 people 184:15 possible 95:18 105:6,11 108:18 17:13 26:16 27:5,6,12 placed 35:22 36:3,6,7 53:17 80:13 110:9 112:17,23 117:7 36:14 64:10 65:9 72:15 10:4 114:8 134:11 180:14 80:15 92:20 106:17 111:22 118:22 124:10,12,15 125:4 90:7 108:2 109:11 111:7 places 111:23 161:11 170:13 125:9 126:23 131:3 133:7 113:18 116:5 117:9,14,21 52:10 64:9 71:3,4 80:12,23 176:17 133:21 134:4,10,19 137:13 119:2 134:1 158:6 160:19 104:8 115:9,16,20 possibly 138:1,10 140:8,14 141:6 164:16,17 167:20 168:11 plaintiff 80:11 111:3 117:15 118:10 183:15,21 186:23 187:20 177:18 183:7 186:17 188:3 163:1 164:4 202:20 188:23 189:6 193:13,14 205:19 207:23 208:8 211:5 plaintiffs post 196:19,22 197:14,18 198:4 percent 1:4,12 2:5,13 3:3 5:5 30:14 3:10 198:8,13 202:23 204:6,17 88:3 30:15,1731:12 potentially 205:3,5,9 209:7 performed plaintiff's 166:11 pea 75:11 76:3 78:9 81:19 3:20 172:13 180:5 practice 45:18 87:19 plant 24:8 peck period 7:18,19 11:6,7,16,22 12:7 pre 3:7 5:12,15 11:2 13:6,10,13 22:10 87:15 104:4,17,22 25:8 42:20 72:16 77:16 63:11 100:7 13:23 14:14,21 15:9,14,19 133:9 134:2 208:13 78:10 81:20 82:10 83:10,12 precise 16:3 20:12 33:4,6 34:10,16 permits 83:18 84:6,13,22 86:23 76:6,17 34:22 35:12 36:16 37:1,11 48:13 51:9 87:6,7,11,23 118:3,3 precisely 38:6,13,16,20,23 42:18 person 122:12,23 130:3 134:5,7 24:14 214:4 43:10,14,20 44:2,19 45:5 67:11 84:18 91:19 94:1 136:9,10 137:8,14,16,21 predecessor 46:1 47:11 50:4 52:18 55:5 95:15 103:21 110:19 114:6 138:3,8 139:12 140:15,19 9:10 59:17 60:19 61:16,19 63:22 152:11 157:8 161:17 140:20 189:8,10,11 190:15 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMONOQ13160 [predicate - question] predicate privileged produce provide 108:11 10:9 13:5,21 14:3 16:9 32:10 73:6,8 121:12 125:4 99:4 156:11 163:21 164:2 preparation 17:10,11 18:3,5,6,8,13 138:8 173:8 187:3,8 189:15 187:7 194:7 17:15 29:14,23,23 32:13,15,18 189:21,23 190:2,5 192:1,15 provided prepared 33:1,23 40:2 41:14 45:1 195:10,15 66:14 99:6 108:5 120:3,5 53:11,14 121:2,16 158:20 47:15,19 48:5 51:13 52:7 produced 175:16 176:3,20 179:22 162:19 52:20,22 53:4,9,22 54:12 2:12 5:4 40:18 42:12 50:22 194:9,14 209:14,23 221:1 present 54:13,17 55:23 56:14 60:2 51:13 54:20 62:21 63:14,17 provides 47:22 73:3 77:10 79:3,6,8,10 75:13 76:8 83:16 100:20 177:10 presented 93:12,18,23 94:14,21 97:3 104:11 110:7 120:10 121:1 providing 85:18 97:13 98:1,10 120:18,22 121:5,9,23 122:7 138:15 38:23 172:15 pretty 121:3,6,15 139:4 150:23 176:5 185:4 188:2,13,17 public 52:11 151:7,12 153:14 154:2 189:16 191:16 192:1,9 2:154:7 121:5 134:12 prevented 155:8,11,13 165:11 166:5 193:17 195:17 199:7,9 222:1 223:1,1 149:9,10 166:11 167:19,23 168:3,8 201:15 203:21 204:4 published previously 168:22 169:3,11 171:10,16 producing 124:19 6:5 172:22 174:1,8 176:2,5 187:2,11 188:8 pull primarily 177:16 178:21 179:10 product 152:3 159:23 118:8 185:8 199:20 200:1,7 31:1339:18,20 40:10,11,11 pulled primary 201:12,18 202:5 207:3 47:6 55:9,11 89:9,15 90:14 90:2 183:7 209:13,14 182:21 210:5 213:8,9 121:18 124:22 146:16 purpose print privileges 155:3 192:8,22 16:22 57:20 153:20 156:11 177:6,8 28:23 37:19 production purposes printed probably 8:19 21:16,19 43:2,4 44:16 47:22 142:14 155:5 10:18 12:2 19:1622:13 48:16,18 50:23 54:4 66:4 pursuant printout 40:20 67:20 69:9 70:9 84:5 68:15 84:21 88:8 90:14 6:23 57:22 152:14,17,18,21 153:3 85:16 86:8 92:15 93:5 100:8 116:16 121:11,13 put prior 113:14 115:21 116:3 122:23 123:21 124:20 10:8 12:14 14:17 27:18,19 4:17 82:9 109:2 120:21 118:23 133:22 136:5 139:5 168:16 183:17 189:13 28:3 32:22 41:12 48:19 166:8 173:13 179:21 140:16 142:3,17,19 145:3 191:7 194:12 195:12 55:22 57:9 67:13 78:22 196:12 209:11 147:15 156:8 178:7 190:14 196:19 92:23 95:21,22 97:22 private problem professional 105:23 113:1 126:20 140:9 24:8 70:13 102:4 130:6 133:8 1:19 2:15 166:1 223:1 147:18 151:18 157:22 privilege 134:23 135:2,20 165:5 professor 158:13 160:1 161:15 13:10,14,16,17 14:8 15:1,5 186:1 86:10 167:15,18 171:21 174:17 16:6,7,11 17:6,18,20,21 problems project 174:19 175:23 181:23 18:1 26:23 28:17,22 31:13 82:4 90:12 185:1 192:15 196:23 197:1 183:10 184:1 198:2,21 32:6 33:16 34:14,18,21 procedural 208:4 209:12 220:5 35:19 36:20 37:15 39:2,12 94:18 promotion putting 45:7,11,12 50:5,11 52:1 procedure 89:13 119:14 55:15 59:18 60:20 64:4 221:1 69:17 78:1,14,16 93:9,21 procedures promotions 89:10 q 94:2 95:14 96:7 98:14 124:21 128:2,7,10 129:14 131:8,16 proceedings pronounce 23:20 874 132:11,17 138:19 139:13 139:18 147:3 149:14 165:23 166:15 168:14 207:2 process 21:11 28:20 54:4 58:3 proper 204:6 properly 48:19 157:19 159:18 161:4 164:10,12 194:15 170:21 172:14,18 173:1,5,9 62:13 66:8 67:6 106:22 173:14 174:13,16 175:6 115:12 125:6,14,20,20 207:4 protect 165:19 176:1 178:17 179:8,19 126:18,20 127:4,11 128:13 166:7,14,20 167:13 185:23 199:13,18 200:14 128:21 135:13 157:11 protected 201:3,9,10 202:16 203:7 160:2,14 170:11 174:23 31:11 207:1 210:13 213:5 214:9 177:1,4 197:13210:11 protecting 215:13216:2 217:1 219:12 212:2 216:2 45:20 219:13 220:9 processes protects 21:16 132:20 203:17 8:9 11:8 13:7,19 15:15,18 15:20 16:12,19 30:22 31:6 33:7,18 34:11,12 35:13,15 36:17 38:7 39:3,5 40:19 41:23 43:22 44:20 45:6 46:6 51:4 52:17,19 54:23 55:7,14 59:17 60:19 63:23 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013161 [question - resource] question (cont.) real region remediation 67:9 69:15 71:17 74:4,5,14 16:1246:19 102:7,10 133:6 130:5,13,16 131:18 75:5,8,15,22 76:6,22 77:22 106:18 112:18 165:3 registered remember 81:10,23 82:7,19,23 86:1 realize 1:192:15223:1 23:7 38:19 190:12 194:11 90:17 92:5 93:7,15 94:6 217:14 regulator remembers 95:3 96:5,18 99:8,15,23 really 138:11 67:22 100:5,5,15 101:2 103:10,14 17:9 24:22 31:16 39:22 regulators remove 103:23 105:20 106:3,15 75:9 77:2 126:1 147:14 68:16 70:14 88:13 117:21 151:18219:11 109:13 110:1 111:13,20 158:19 161:7 186:16 124:5,9 126:11 134:3 removed 121:7 122:16 123:16 205:20,22 208:23 209:1 regulatory 87:22 125:17 126:15 127:22 210:3 220:15 138:2 204:22 renate 128:1,3 131:12 132:14 reason relate 91:20 92:14 93:5 94:1,10 135:8,14,15 136:21,23 57:17 75:3 106:18 147:16 21:16 25:2 32:12,20 42:21 repeat 143:5,18 144:13,17 145:1 196:10 203:20 205:7 84:4 137:23 138:2 96:8 146:7 147:9 148:16 150:7 216:13224:1,1,1,1,1 related rephrase 151:14 152:9,16 161:13,22 reasonably 8:17,18 11:5 12:12,1320:6 43:21 161:22 166:17 169:6 189:5 140:2 25:14,18,20 43:6 51:1 replaced 190:23 191:11,17,20 recall 66:20 75:2 81:14 82:14 184:6 192:18 193:1,20 194:19,23 23:3 25:12 129:21 133:22 83:4,5,16 85:10 87:6,11,23 report 196:8 197:6,16,23 201:5,19 134:20 157:10 163:9 91:21 93:3 105:4,9,11 60:15 202:15 203:11 204:4 206:2 190:18 108:17 110:8 112:16,22 reporter 206:10,13,18 207:7,9,21 received 117:7 118:3 122:22 123:20 1:192:1538:17 178:13 208:23 210:19 214:18,23 62:10 124:4,4,6 130:5,18 131:3 219:22 223:1 219:9 reconstituting 133:21 135:2,19 137:12 reporting questions 182:23 138:10 140:8,14 141:5 1:182:14221:1 223:1 4:13,14 5:8 9:22 14:16 record 142:23 144:21 153:11 repository 37:17 43:19 76:1 87:8 76:12 121:5 164:7 171:22 184:11 188:23 195:12 7:22 8:5 10:11 11:13 12:11 100:2 107:23 131:9,14 178:16 180:2 185:6 217:23 196:22 197:14,18 204:4,5 15:7 27:19 31:7,10 35:3,5 147:13 148:1 207:11 221:1 223:1 215:3 216:11 223:1 39:15 140:17 193:12 195:2 quicker recorded relates represent 210:11 157:14 73:11 154:4 40:16 quickly records relating represented 207:7 67:11 148:9,10 172:5 7:13,159:15 11:16,21 3:3,6 quite 189:22 195:19 21:18 26:3 73:1 91:8 124:9 representing 111:6 redact relation 76:5 quote 151:16 185:15 83:8 reproduce 127:15___________________ redacted relationship 124:3 r raised 196:13 range 10:19 20:22 rank 102:12 rat 118:19 142:17 rate 158:9 213:13 read 5:13 30:21 31:1 57:4,5 58:10 158:19220:19221:1 221:1 reading 158:17 ready 221:1 178:20 179:16 redaction 178:20 reduced 223:1 reference 119:21 referred 8:10 9:4 59:5 referring 7:11 28:22 58:3 59:8 178:17 reflect 33:10 114:4 153:21 regard 11:22 regarding 180:12 94:21,22 relative 73:5 223:1 relegated 52:12 relevant 9:19 10:2 47:8 112:8 156:23 172:21 180:17 183:15,21,22 216:16 217:18 relied 28:19 remain 67:2 remained 180:23 remaining 176:12 178:1 request 43:3 48:16,18 54:19 73:14 74:8 98:11 99:13 100:13 105:15 108:6,20 109:1,3 121:10,13 138:22 139:2,3 141:11 174:8 177:9 187:4 196:2 211:22 requested 177:12221:1 requests 74:7 100:7 167:17 require 123:16 165:14 resent 46:17 resolve 219:13 resource 180:19 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013162 [respect - sheet] respect review (cont.) sauget segregate (cont.) 18:1 133:7 207:4 183:13 208:1 220:9 25:8 75:12 76:4 219:1 166:11 168:4 169:9 170:7 respective reviewed saw 187:8 210:11 4:4 217:21 66:3 168:16 171:2 183:8 86:6 91:3 segregated respond 186:12,14 202:1 217:12 saying 20:1,3 113:21 122:13 184:9 73:16,16 107:14 141:13 reviewer 18:11 30:4 31:14,16,18 segregates 167:17 161:10 32:1,16 39:16 40:6,21 43:4 176:1 responded reviewers 52:6 54:21 59:19 60:2 select 105:1 117:23 57:19 159:6 78:20 83:4,7,14,20,21 84:2 65:20 97:10,21 123:22 response reviews 92:7 96:12 97:5,8,11 98:4,5 selected 22:17 54:18 72:9,11 75:21 177:13 98:7,8 100:4 107:8 112:13 9:9 10:4,15 20:19 28:1 32:4 76:1 91:1292:18 110:16 right 120:18 121:6,14,17 127:1 47:4,23 97:1 98:9 180:13 121:10,12 193:20 219:8 6:23 7:5 12:1 14:19 15:13 139:22 140:6,11,21 146:1 180:14,22 181:22 responses 16:17 17:5 18:10 20:7 22:1 146:19 148:13 155:5 156:2 selecting 104:21 106:5,5,7 26:4 33:5 36:2 42:11 56:19 168:23 193:23 200:1,7,19 47:17 73:23 97:22 responsibilities 62:8 66:17 78:18 104:20 213:6 216:1,9,20 217:6 selection 28:8 107:11 111:10 115:2 126:9 218:6 220:1 21:11 28:19 62:22 66:5 responsibility 134:5 145:18 146:19 says 67:6 99:12 100:12,22 7:8 24:4 90:10 117:20 149:17 153:16 158:23 5:5 31:3,6,7 57:21 58:18 103:17 114:22 127:15 responsive 159:3 161:7,16 164:19 79:18 95:10 158:20 173:4 128:20 132:21 135:12 29:22 48:16 71:5 108:6 166:15 170:9 172:8 180:20 175:16,18 180:15,21 selective 176:21 182:21 184:12 198:16 schifferdecker 105:22 150:11 rest 212:1 214:7 220:18 64:15 65:5 selling 71:10 103:4 170:8 201:17 room scientific 7:14 89:5 restate 114:21 140:9 142:20 118:15 124:19 204:22 send 11:8 rpr scientist 66:6 76:11 103:20 168:2 restricting 4:6 221:1 93:13,16 177:14211:23 80:7 rule scientists sense results 147:5,10 70:15 117:21 132:6 60:6 85:14 156:20 183:4 79:7 rules scope 215:13216:18 retained 139:23 140:1 141:9 221:1 39:1 101:4 102:19 sent 94:19 180:22 184:2 retrieval 50:1 73:21 109:6,8 166:6 194:16 204:12 213:7 retrieve 35:7 50:23 61:21 65:8,10 65:15 70:20 76:19 77:7 78:7 79:20,22 80:5 82:12 83:2 99:1 102:1 116:7 123:2,3,9,18 137:11 161:2 161:20 168:21 177:4,18 184:13211:7 212:1 retrieved 70:23 104:8 137:9 retrieving s sabrina 1:3 2:4 QflrrnQanrt 198:20 safe 206:15 safety 1137 1723 1146 11746 117:10 118:2 saith 220:21 sake "70-00 sea 6:17 43:2 54:9 217:19 107:19 sentence seal 31:7 180:15,21 223:1 separate search 154:13 179:4,6 210:4 159:19 161:3 164:9 165:14 separation 165:17 166:10 7:7 searchable series 157:6,7 159:19 8:15 148:1 searches set 212:6 17:20 92:9 95:20,22 103:7 section 108:15 109:17 122:13 179:17 143:10 146:12 149:11 seeing 166:5,19 167:7 168:20 194:11 169:8 213:12 216:6 220:3 110:20 return 25:3 68:15 87:12 105:6 108:18 137:13 138:1 221:1 reveal 123:17 133:1 review sales 819 89 10 13 90 21 sarin 189:14,16 192:22 196:23 31:11 47:6 51:21,23 62:19 197:2 63:4,7 138:23 139:3,21,23 165:10 168:6 174:23 175:9 175:10,11 177:10 180:10 sat 114:21 215:18 seek 49:19 seeking 98:12 seeks 64:1 seen 19:20 178:7 segregate 22:4 51:14,19 165:15 223:1 sets 107:3 108:21 setting 166:14 shared 206:22 sheet 58:7,7,11,15 59:6 157:15 221:1 224:1 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013163 [sheets - Stewart] sheets small speak statement 58:8 60:21 61:6 157:12 57:18 159:5 75:9 15:21 196:21 sheila smith speaking stating 2:154:6 221:1 223:1,1 3:9 9:11 18:14 54:2,9 62:17 14:20,22 17:1 147:19 shelf 65:14,18 67:1 120:17 129:9 specific stay 212:10 163:8,9 164:16,19,20 23:3 51:10 59:21 70:17 18:9 19:1022:9 shelves 181:14 182:6 184:1 186:20 72:18 73:2 79:15 103:7 stayed 212:20 208:22 211:7 108:6 112:17 123:15 104:5,18 shooting smp 129:11 130:13 140:22 staying 60:23 125:13 148:23 19:5 short soil specifically stewart 42:23 66:19 157:2 77:14 78:9 79:21 81:15,18 51:5 70:16 75:2 78:3 84:4 3:3,4,17,22 5:8,14,17,23 shortly sold 86:2,6,7 111:17,18 134:4,6 11:4,19 13:8,11,17 14:12 24:7 89:11 206:6 134:20 143:6 14:15 15:5,11,17,22 16:8 show solutia specified 16:13,16,21 20:1421:1 30:2 101:9 158:15 6:2,14 7:6,16 8:3,12,12 58:9 30:10,19 33:13 34:15,19 side 10:21 11:12,14 89:2 126:22 specify 35:1,22 36:21 37:4,22 44:4 118:15 204:22,22 136:7 182:11 186:8,18 60:21 140:3 38:11,14,22 40:13 43:11,18 sign solutia's speculate 43:23 44:7 45:2,10 46:4,8 5:13220:19221:1,1 6:21 7:1231:841:1968:12 76:13 99:16 162:22 50:15,17 51:5 53:1 55:17 signature 189:1 speculation 59:19,20 61:9,18,20 64:6 221:1,1 222:1 223:1 224:1 somebody 76:23 101:3 106:16 110:2 64:10 66:18 67:18 68:4,18 significance 19:13 29:15 30:5 44:2 111:21 161:23 206:3,11,19 69:2,20 70:8 71:20 74:9,17 162:9 52:15 60:7 61:22 62:10 speculative 75:16 77:3 78:15 79:1,2 significant 69:5 73:22 74:9,17 92:17 197:19,22 198:1 81:11 82:15,20 83:2 85:17 162:6,7,12,15 180:18 93:4 95:10 99:6 100:18,21 spoke 86:4 88:20 90:18 92:6 similar 105:22 108:20 109:1,9 33:20 159:21 93:11 94:7,8,10 95:6 96:12 29:16 103:12 109:1 140:9 114:23 117:4 123:11 148:8 spun 97:5,8,20 98:6,8 99:17,18 144:11,15 158:2 160:7 161:6 162:21 7:17 8:12 186:8 100:4,17 101:6,8,13,15,23 simple 165:9 167:5 168:2,4 170:17 St 102:11,15,20,23 103:10 13:19 16:1266:21 103:11 170:23 172:5 177:13 1:20 2:14 4:8 5:1 22:2 104:6 106:9,19 108:10,12 200:19 192:23 193:15 194:5 41:18 42:3 56:4 60:16 109:16 110:5 111:14,23 simply 203:14,15211:8 64:21 67:6,12,20 68:5 112:5 113:12,13 114:14 18:13 55:21 165:19 198:2 someplace 115:23 116:1 142:7,8 182:1 119:20 122:19,21 123:7,9 sincerely 115:7,8 145:4 184:8 189:2 218:3 220:3 125:19 126:9 128:11 221:1 sorry 223:1 131:21 133:4,10,15 135:18 sir 5:11 20:21 43:12 84:1 stage 136:5 137:1,4,5 141:7,15 13:1 21:2 23:8 30:23 40:19 169:1 207:1 143:8,21 144:14,19 145:2 77:13 79:4 82:1 109:7 sort stance 145:23 146:8 147:12,23 120:20 123:7 178:10 202:8 16:23 20:9 45:18 55:23 207:1,3 148:6,18 150:1,2,9 154:23 205:21 57:12 90:12 95:1,13 97:6 standard 155:4 157:1,4 161:16 162:1 sit 113:5 126:14 134:13 125:6,13 162:9 164:8 166:22 167:2 12:16,20 13:3 15:23 16:3,5 142:11 158:6 173:23 202:4 stands 169:7 171:18,21 172:2,7 29:1051:22 53:19 111:4 204:21 205:16 205:7 173:3,10,16,18 174:17,19 133:2,17,23 140:4 169:16 sorts start 178:15 179:5,12,20 180:3 187:10,13 192:13 195:20 18:8 20:9 115:12 152:17 167:7 181:22 187:22 188:4 195:23 200:3 211:4 sought started 190:16,18 191:2,14,19 sitting 105:4 194:10 21:3 23:12 92:6 128:13 193:9,14,15 194:20 195:5,7 86:16 106:11 source state 195:11,23 196:14 197:11 situation 88:20,23 181:16 1:1 2:2,16 5:1 23:4 86:11 199:4,7 201:7 202:20 203:9 168:18 sources 135:4,21,22 161:7 182:20 204:16 206:4,14,23 207:5,6 size 108:16218:19 223:1 207:22 210:22 211:21 87:4 178:11 space stated 212:13 214:5,22 216:9 sling 186:15 15:15 74:6 150:14,18 217:4,6 218:4 219:8,21 142:20 spatial 152:10 220:18 221:1 145:16 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013164 [stick - thereto] stick subsumed sweeping talking (cont.) 95:12 92:8,21 95:23 209:8 212:22 stipulated sued sweeps team 4:3,11,19 69:5 148:8 186:22 89:21 14:6 stipulations suggest swept tell 5:16,21 143:22 89:18 114:9 183:7 208:16 7:1021:331:1839:12,16 stopped suggestion swift 41:3 48:11,1350:1 53:2 25:1 46:18 179:23 56:7 59:20 70:16,19 75:16 storage suing sworn 75:18 77:11 96:22 114:6 115:22 116:1 140:18 182:5 149:5 162:21 163:2 2:13 5:4 222:1 223:1 120:13 125:21 129:11 182:14 183:5,9 184:8 218:1 suit system 136:12 146:4 148:10 154:7 218:3 82:10 48:8,10,14,20 50:1 51:3,7,9 187:10,13 193:19 196:4 stored suite 51:11 58:5,17 59:11,16 213:4 215:7 216:11 1:192:143:9 223:1 60:1,3,1361:12,1362:1,5 telling stream suited 65:23 73:21 74:12,16 78:8 24:9 27:1 39:11 44:7 49:13 50:22 88:8 125:9,22 126:3 142:14 78:19 79:20,23 80:2 102:2 51:6 54:17 72:2,3,12 81:5 street summaries 109:6,8,21 110:15 145:10 104:13 164:8 1:19 2:14 3:8,9 221:1 223:1 55:2,18 56:20 57:14,16 151:23,23 157:5,6,13,16,18 ten strictly summarize 157:20 158:13,14,21 159:2 208:7 209:19,21 210:2,4,14 42:22 58:20 154:10,12 159:11,13,14,20,23 160:1,9 terms strike summarizing 161:2,6,14 162:2 163:18 7:6 53:8 182:22 26:21 57:21 164:10,13 165:19 166:6,14 terribly studies summary 167:16 168:22 169:8 171:3 152:12 44:17 74:10,15,18 75:10 56:8 58:1,21 59:8 60:4 177:12 183:9 194:16 territory 76:2,7,15,16,18 82:3 91:14 153:4,13 155:6,17,20,23 204:13 208:3 213:7,13 144:4 118:16 124:14,15,16 156:2,3 systematic test 142:16,18 143:1 superior 63:2 142:22 79:5,18 85:2,6,10 86:9,19 study 24:1 systems 86:19 74:23 85:17 92:19 143:1 supervised 152:13___________________ tested stuff 160:16 t 82:2 32:21 50:20 67:15 89:15 supervising 91:19 126:12 189:13202:3 160:17 table 215:4 testified 90:7 202:4 204:23 205:1,7 215:19216:17 stupid 147:12 supervisors 164:1 supplement 173:12,15,17 178:19 taken 1:124:6 27:17 69:12 88:19 96:1 103:9 157:3 183:22 185:22 199:6 214:19 223:1 testifies 94:23 testify 95:12 223:1 subject support talent testimony 11:22 34:4 36:8 95:16 48:8,9,20 58:4,17 59:11,23 98:22 99:7 114:5 139:21,22 65:22 145:9 156:23 157:17 142:1 143:12 144:2,3,22 suppose 145:4 146:11,21 157:12 144:4 163:22 220:8 supposed subjective 37:9 186:19 talk 34:5 72:17 169:17 193:6 199:4 talked 126:10 190:20 94:20 223:1 testing 60:16 77:4 83:8 85:5 112:18 119:8 124:4 tests 78:8 79:3,7,22 81:6,12,14 106:20 107:9 submissions 134:9,18 subscribed 222:1 supreme 104:19 sure 14:14 28:21 30:3,6 39:23 64:19 88:22 93:14 115:14 talking 17:19 19:4,7 20:12,15,17 26:8 27:6,14 28:17 31:20 35:4 38:20 47:15,21 56:18 59:16 67:16,18 68:21 70:6 81:15,18 82:8 83:15,19 85:1687:19 118:19 text 157:7,9 thank subsequently 196:4 substance 192:23 194:3 195:4 substances 116:14 121:7 127:18 135:14 136:22 146:7 152:9 152:15 166:18 167:23 180:8 185:5 200:3 202:19 220:10 70:12 80:9 85:12 91:22 92:2 95:16 102:3,5,6,9 107:16,20,21 110:5 113:3,4 113:9 114:11,14 117:3 198:16 theoretically 80:13,15 170:13 207:16 176:16 123:5,8,12 128:21 130:8 theory 193:17 194:5 substantial 178:12 sweep 114:15 149:15,19 155:2 156:4 162:10 168:19 184:4,17 185:23 195:3 203:4 212:16 217:22 thereto 4:17 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013165 [thing - waive] thing time (cont.) training understanding (cont.) 18:1031:17,19 33:1540:6 117:1 119:2 128:19 130:11 159:8 190:8,9 191:21 192:3,6,13 45:23 57:6 65:16 78:21 133:9,20 134:2 157:22 transcript 192:20,21 197:2 215:9 97:6 113:22 142:23 144:10 160:18 164:22 170:10 221:1,1,1 understands 146:9 148:4 156:11 159:19 178:2,12 181:4 185:10,11 transferred 56:3 161:8 167:7 171:7 185:23 185:12 186:8 195:14 8:2,11 understood 219:7 198:18 204:23 208:13 trial 158:5 214:18 things 209:8 210:8 217:7 219:22 4:16 5:19 undertake 14:18 16:23 18:8 33:14 timing true 7:8 44:18 45:3 46:9,19 49:15 104:2,9 113:20 223:1 undertaken 49:18 87:21 89:7 91:15 title truth 89:22 110:8,11 118:12 124:9 6:2 23:17 223:1,1 uniform 125:3 132:3 136:13 144:11 today try 201:20 144:15,20 146:14 147:5 6:17,19 7:20 13:4 29:2,11 16:1,17,22 17:5 216:23 unique 148:13,14 151:17 167:2 30:7 37:16 57:18 65:3,15 trying 78:20 142:9 145:18 146:2,9 170:5 172:7 176:18 186:4 68:4,7 86:16 106:11 127:13 6:21 7:3 9:16 16:2 19:6 146:14,21 149:2 150:5 187:9 199:3,14 212:14 127:14 165:4 168:23 172:9 20:19 37:12 39:22 45:10 uniqueness think 173:20 175:7 187:10 50:6 55:22 56:1 82:17 150:16 5:12 10:8 22:21 31:20 192:14 97:1698:7 131:6,11 141:14 universal 36:21 37:19 42:13 49:14 told 145:13 147:4,6 152:6 92:9 108:15 50:12 53:19 54:22 61:16 59:14 80:17 85:21 114:22 154:13,14 167:13,15 universe 67:2 69:9 86:11 97:15 136:12 141:15 167:1 176:13 193:9 41:1668:11,12,20 70:5,6 113:14 116:8,12 119:20 199:21 turn 80:4,10 92:3 123:19 198:14 122:3 128:3,5 130:13 tom 164:2 205:16 208:10 131:17 132:13 141:13 1:11 2:124:55:3,9 35:11 turner unnecessary 154:19 169:13 177:1 35:23 36:1,3 41:21 42:23 65:2 220:12 187:23 202:18 212:19 51:15 55:6 90:8 97:9 turning unrelated thinks 107:17 132:14 133:21 172:4 189:6 209:7 39:4 165:6 198:3 203:10 221:1 turpin use thirty 222:1 223:1 224:1 211:12,14 30:12 59:22 61:14 76:10 119:22 187:9 221:1 topic type 129:12 186:13,19 206:14 thompson 20:1,6 73:2 27:10 50:8 51:10 54:11 212:11 68:6 topics 56:22 67:14 69:18 84:16 usual thought 20:5 70:18 105:5,9 114:1 153:10 188:19 5:16,20 30:8 45:11 48:3 49:17 57:9 tossed types utilized 57:13 61:4 80:7 90:1 97:17 217:15 34:3 47:4,23 48:15 53:4,8 197:11 116:17 132:20 137:5 total 158:12 166:22 167:3 35:5 172:11 173:23 174:1 totally 191:23 217:17 107:19 thoughts touching 156:5 223:1 thousands town 41:8 23:7 three tox 30:21 180:9 119:8 threes toxic 163:5 192:5,23 193:17 194:1,3,5 time toxicity 4:16,16 8:12 19:16,1921:8 205:5 206:20 21:21 22:13,19 23:9,17 toxicological 24:12,17,22 26:15 27:23 118:16 38:18 56:23 61:11 62:23 toxicology 67:21 73:21 82:10 83:17 117:14 118:17219:2 88:12 90:3 104:4,17,22 trained 113:18,21 114:19 115:4 57:18 58:5 159:5 166:1 144:11,15 186:4 V u various uh 26:7 27:5 52:10 84:13 33:21 81:17 video uncomfortable 1:182:14221:1 73:11 view understand 9:17 6:4 7:20 15:6 27:8 29:1,10 viewed 30:3 37:23 39:21,22 41:23 59:7 44:4 45:11 47:13 55:19,22 visit 56:2,6 60:3,14 62:13 64:13 116:13 82:11 88:5 91:5 93:15 vs 97:16 98:7 105:12 107:17 1:5 2:6 121:7 136:22 152:15 155:6 w 160:18 166:18 169:23 174:6 185:22 188:20 189:15207:19213:5 218:16 220:17 understanding wait 44:19 63:22 219:15 waive 55:14 128:2 131:15 132:16 81:23 90:19 104:15 166:13 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013166 [waived - yusho] waived wish y'all (cont.) 4:20 223:1 221:1 175:15,23 184:21 186:3,6 waiver withheld 188:1,13 189:13,17,21,23 50:10 131:13 201:11 191:6,9,16,23 192:14 waiving witness 194:16 195:19 198:16 64:4 128:6,9 132:10 14:16 42:15 44:6 77:1 202:22 204:2,17 205:1,5,11 wanders 127:19 193:3 206:12,19 205:22 206:8,16 208:2 55:23 207:10,18 213:23 214:4 211:22 212:15216:10,14 want 216:3,8 217:8 218:2 219:3 219:10 15:3,22 18:9 19:10 30:2,6 219:6 223:1,1,1,1,1 y'all's 30:21 31:5 38:11 43:4 44:1 word 28:8 46:3,4,5,7,9,18 66:10,11 157:5 186:13 yeah 71:20,22 77:11 88:21 words 5:17 11:1724:7 52:11 66:9 104:12 128:8 140:3 148:2 31:4 52:3 61:20 74:1 100:9 70:8 74:16 83:4 89:19 149:6 150:19 164:23 165:2 142:15203:22215:14 93:20 95:17 113:12 123:14 165:4 171:8 172:3 174:17 219:4 124:2 125:5,15 143:20 178:13,18 181:6 185:5 work 148:18 149:1 153:1 154:8 188:4 207:10,20 215:21,21 19:18 23:19,22 24:2,6 198:14 200:23 208:6,16 215:22 219:9 220:2 31:1332:1539:20 40:11,11 210:15212:18 wanted 55:8,11 73:21 87:20 121:18 year 13:2 14:10 34:1 126:15 220:12 83:17 148:8 152:1,3 168:7 180:4 worked years 180:7 182:16 184:18 19:20 62:14 65:1,7 93:13 134:10 205:20 118:11 163:18208:8 yusho wanting workers 25:20 26:9 29:17 32:9,20 186:16 75:1,11 76:3 118:4 34:5,7 35:9 36:11 39:13 wants working 40:17,18 49:4,6 54:3 58:23 66:7 62:1564:11 116:5 186:17 59:12 71:12 72:5,14 73:10 Washington 208:2 134:2,3,19 worried waste 187:22 22:12 24:9 44:16 49:11,20 wright 49:21,22 50:18,19,21,21,22 85:19 54:4 88:8 125:8,22 126:3 write 191:6,9 197:4,12 221:1,1 water writing 77:5 78:9 81:16,18 223:1 waterfront written 188:2 151:21 ways wrong 143:19,21 162:4 109:6,21 110:15 204:12 wearing wrote 7:2 186:3 went 7:1660:7 61:11,12,22 109:21 115:17 116:21 117:8 126:19 132:20 209:16 217:15 218:14,20 xerox 182:7 X y wheeler y'all 118:9 119:10 141:19 20:9 28:18 32:21 33:2 whereof 38:1942:9 44:12,1561:11 223:1 68:13,13 73:19 77:6,15 white 83:14 84:9 85:18 95:21 3:7 221:1 113:1,5 122:4 124:6,13 wise 126:19 130:10 137:7,9 130:9 138:6,8 140:13 141:1 167:4 Bistline, Tom (former Solutia employee) in ABERNATHY TOWOLDMON0013167