Document mqNrKEVJr5g6D8ekKrVVMGOG4

FILE NAME: BF Goodrich (BFG) DATE: 1986July3 DOC#: BFG016 DOCUMENT DESCRIPTION: Letterto BCfrom RobertJennings with Protective Order THOMAS W. HENDERSON THEODORE GOLDBERG JOEL PERSKY ANTONIO D. PYLE ROBERT L. JENNINGS, JR. THOMAS W. WHITE ROBERT ALAN KREBS HENDERSON & GOLDBERG, P.C. ATTORNEYS AT LAW 1612 FRICK BUILDING Pittsburgh,Pennsylvania 15219 (412) 471-3980 July 3, 1986 Barry Castleman, Ph.D. 1722 Linden Avenue Baltimore, MD 21217 RE: Industrial Hygiene Foundation Dear Dr. Castleman: Please find enclosed a copy of the former membership registration cards of the Industrial Hygiene Foundation, as well as a Protective Order entered by the U.S. District Court for the Western District of Pennsylvania which governs the conditions of possible dissemination of these documents. As we have discussed in the past, it is my opinion that the present Protective Order precludes publishing the list in a book or magazine for public use, but nothing prevents dissemination of the list to other attorneys involved in litigation so long as the Protective Order accompanies the documents. These documents are being sent to you at this time for your review and analysis in connection with your work as an expert witness with our office in various asbestos and silica-related product liability lawsuits. I believe that the Protective Order is clear that these documents may be used by you or other attorneys in connection with other forms of litigation so long as the protective order accompanies the documents and no use is made of the documents for purposes other than litigation, such as anti-competitive efforts by competing industrial hygiene companies to exploit former members of the IHF. It is my understanding that you are willing to abide by the terms of the Protective Order until modified by the court. Very truly yours RLJJr:kjk Enclosures IN THE DISTRICT CCi.IRT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF PENNSYLVANIA IN RE: ASBESTOS LITIGATION ) ) Miscellaneous No. 8482 ) SUPPLEMENTAL PROTECTIVE ORDER OF COURT CONCERNING INDUSTRIAL HEALTH FOUNDATION, INC. AND NOW, this / ^ day of March, 1986v, upon motion (the "Motion") by INDUSTRIAL HEALTH FOUNDATION, INC. (the "IHF"), and its President, DANIEL C. BRAUN, M.D. ("Dr. Braun"), pursuant to Rules 26 and 45 of the Federal Rules of Civil Procedure, 28 U.S.C.A. (the "Rules"), and to Local Rule 4, the IHF having asserted that the Index Cards referred to in Paragraph Two of its Motion contain sensitive, proprietary information and that some of the information co nta ine d therein is not relevant to the asbestos litigation identified at the above Miscellaneous Number (the "Asbestos Litigation"), and the Court subsequently deter mining that all the information contained therein is relevant in the Asbestos Litigation but that the IHF is entitled to an appropriate Protective Order to prevent undue dissemination of this information, IT IS HEREBY ORDERED: 1- THAT the IHF shall make available to counsel for various plaintiffs, as well as to legal counsel in Pittsburgh for any of the defendants (either original or third party) named in the Asbestos Litigation (hereinafter collectively referred to as "Pittsburgh Asbestos Litigation Counsel") copies of any or all of the Index Cards (the "Index Cards")identified as Exhibit THREE to the May 17 , 1985 deposition cf Dr. Braun. In order to minimize duplication burdens, any Pittsburgh Asbestos Litigation Counsel requesting immediate copies of any of the Index Cards shall direct their request, in written form on counsel's letterhead, to Dr. Braun at the IHF within thirty (30) days from entry of this Order. The letter shall indicate the number of complete sets of Index Cards requested or which individual Index Cards are re quested and the party or parties which said counsel represents. 2. THAT the Index Cards reproduced by the IHF shall be retained in the actual custody of the Pittsburgh Asbestos Liti gation Counsel which requested copies of the Index Cards, except as provided in paragraph THREE herein. 3. THAT the Index Cards (or any information contained therein) may not be divulged or disseminated by Counsel which will be obtaining the Index Cards from the IHF except in connection with litigation proceedings, such as to other counsel in the United States of America who are involved in asbestos litigation lawsuits or claims now pending or which may be pending in the various courts and/or agencies of the United States of America or any of its states, pursuant to formal requests for production of documents or written interrogatories, or to written request on counsel's letterhead in lieu of said formal requests, as to proceedings referred to in this paragraph.  4. A copy of this Protective Order shall accompany any production or other dissemination of the Index Cards with respect to matters referred to in paragraph THREE. 5. - The IHF shall be reimbursed fifty cents ($0.50) a page for copying each of the Index Cards, which are requested by Pittsburgh Asbestos Litigation Counsel. 6. Should counsel for the plaintiffs or defendants notice the deposition of Dr. Braun on matters directly relating to the Index Cards, or as to other IHF matters, said counsel shall reimburse the IHF the total sum of Three Hundred Dollars ($300.00) for the t ime spent by Dr. Braun in reviewing the documents for the depos it ion and for the actual deposition itself, as well as for any desired pre-deposition conference with Dr. Braun. 7. THAT the District __Court of the United States for the Western District of Pennsylvania will retain jurisdiction over all matters relating to this Protective Order. United States District Judge M ILTO N J. GORDON CO. MOSS SIDE BLVD. WILMERDING, PA. JO INED: 1/1/66 RESIGNED: ? MR. MILTON J. GORDON. P R E S. GOODYEAR TIR E b R U B B E R CO. 1 144 E . M ARKET ST . A K R O N , OHIO 44316 JO IN ED : 1/67 RESIGNED: 12/72 C L IF F O R D A., JOHNSON. M. D. , M ED . DIR. T H E B. F . GOODRICH CO. A K R O N , OHIO JOINED: 12/22/47 RESIGNED: 1/1/51 R E X H. WILSON, M D-M ED. DIP. INSUFFICIENT B EN EFITS DERIVED FROM M EM BERSHIF 073