Document npEv3O5EdvwJ02qq5xVNo0daG
FILE NAME: Foseco (FOS) DATE: 2013 DOC#: FOS003 DOCUMENT DESCRIPTION: Legal - Notice to take Deposition of Foseco
SIMON GREENSTONE PANATIER BARTLETT, P.C. BENJAMIN D. BRALY Bar No. 312760 3232 McKinney Avenue Suite 610 Dallas, Texas 75204 214-276-7680 214-276-7699 Fax
Plaintiffs:
BRENDA IHLEN FELD, Adm inistrator of
the Estate of WILLIAM IHLENFELD
v.
Defendants:
CROWN CORK & SEAL COMPANY, INC.,
ah______________________________________
PHILADELPHIA COUNTY COURT OF COMMON PLEAS CIVIL TRIAL DIVISION
No. 0269
JUNE TERM 2011
ASBESTOS LITIGATION
Plaintiffs:
PHILADELPHIA COUNTY
NANCY FORD, AdministratorOf The COURT OF COMMON PLEAS
Estate of EDWARD FORD
CIVIL TRIAL DIVISION
No. 2965
v.
MARCH TERM 2010
Defendants:
CROWN CORK & SEAL COMPANY, INC.
ASBESTOS LITIGATION
PLAINTIFFS' NOTICE TO TAKE THE ORAL & VIDEOTAPED DEPOSITION OF FOSECO. INC.
TO: ALL DEFENDANTS, by and through their counsel of record.
PLEASE TAKE NOTICE that, pursuant to Pennsylvania Rules of Civil Procedure, Plaintiffs hereby notice the oral and videotaped deposition of the corporate representative of Foseco, Inc. on Tuesday, July 23, 2013 at 10:00 a.m. CDT on the topics listed in Exhibit A & B. The deposition will take place at the offices of Hepler Broom, 30 North LaSalle Street, Suite
PLAINTIFFS' NOTICE TO TAKE THE ORAL VIDEOTAPED DEPOSITION OF FOSECO, INC.
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2900, Chicago, IL, 60602, The dial-in number is 1-877-805-8230 and the code is 830651. The
deposition will take place before a certified court reporter and videographer provided by Henjum
Goucher Litigation Services, 2501 Oak Lawn, Ave., Suite 600, Dallas, TX 75219, (214) 521-
1188.
The deposition will continue from day to day until completed.
Respectfully submitted, SIMON GREENSTONE PANATIER BARTLETT, P.C.
/s/ Ben. Bralv__________________ Ben Braly Bar No. 312760 3232 McKinney Avenue Suite 610 Dallas, Texas 75204 214-276-7680 214-276-7699 Fax
BROOKMAN, ROSENBERG, BROWN & SANDLER David B. Halpern Bar No. 50542 17thFloor, One Penn Square West Philadelphia, PA 19102 (215) 569-4000 ATTORNEYS FOR PLAINTIFF
CERTIFICATE OF SERVICE
1 hereby certify that a true and correct copy of the foregoing was sent to all counsel of record on the attached service list via facsimile and email on this 19lhday of April 2013.
/s/ Ben Braly_____________ Ben Braly
cc: Henjum Goucher Court Reporting Services Via Email
PI .AINTIFFS' NOTICF, TO TAKE THE ORAL VIDEOTAPED DEPOSITION OF FOSECO, INC.
Pago 2
EXHIBIT A DEPOSITION TOPICS
The words "Your" or "You" refers to the Defendant Corporate Entity
1) Any disagreements by yon with the previous sworn testimony of any fact witness taken in these cases;
2) Your corporate history;
3) The construction history, design history, sales history, asbestos usage information and production facts for your company's products located at Armco Steel in Butler, PA;
4) The use of asbestos in products supplied, manufactured, or maintained by you at Armco Steel in Butler, PA;
5) The recorded history of Mr. Ford or Mr. Ihlenfeld in your possession, which means any information, record of knowledge you had of either man prior to the filing of their lawsuits;
6) Your historical sales of products containing asbestos;
7) The historical use of asbestos in your products sold in the marketplace, including which specific products contained asbestos and in what form;
8) The foreseeable maintenance and use of asbestos-containing products utilized in your finished product;
9) The method of supplying your products;
10) Your method of warranting products;
11) Your historical safety programs, including when you first began warning users of your products and your employees of the dangers of asbestos fibers;
12) The method of acquiring asbestos for use in your products;
13) All precautions, warnings, and/or actions taken by you at any time in response to an actual or perceived risk to individuals who worked with or around your products;
14) The history of any warnings specific to asbestos that ever appeared in your published product literature, or on the products themselves;
15) The first and last dates your products were sold with asbestos as a constituent part of the finished product;
PLAINTIFFS' NOTICE TO TAKE THE ORAL VIDEOTAPED DEPOSITION OF FOSECO, INC.
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16) Your (the company's) historical knowledge of the hazards of asbestos;
17) The type of asbestos fiber used in your products;
18) The percentages of asbestos used in your products;
19) All testing, monitoring, research, or investigation done by you in order to determine if any hazard existed regarding the use of asbestos in your products at any time;
20) All industrial hygiene reports regarding the extent, absence, presence, amount, type and/or percentage of asbestos used in your products or released from your products during normal use;
21) Your knowledge of the ability of asbestos to cause disease;
22) All facts used to support any of your affirmative defenses, including the identities of believed alternative exposures to asbestos of Mr. Ford or Mr. Ihlenfeld;
23) The conduct of the defendant, and;
24) Your efforts to comply with this request.
PLAINTIFFS' NOTICE TO TAKE THE ORAL VIDEOTAPED DEPOSITION OF FOSF.CO, INC.
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EXHIBIT B
PRODUCE THE FOLLOWING:
1) Any and all documents relating to any disagreements by you with the previous sworn testimony of fact witnesses taken in these cases;
2) All documents related to the subjects contained in Exhibit A;
3) Any and all documents (bid documents, contracts, sales information, maintenance documentation, memos, letters, etc) relating to the sales history, production, maintenance, asbestos usage and abatement for your products located at Armco Steel in Butler, PA;
4) Any and all documents purporting to show any asbestos material for use at Armco Steel in Butler, PA.
5) Any and all documents relating to the method of acquiring asbestos for products you sold to Armco Steel in Butler, PA;
6) Any and all documents relating to the discontinuation of using asbestos in your products;
7) Any and all documents in your possession discussing asbestos as a possible health hazard;
8) Sales records in your possession indicating sales of all products, asbestos containing or not, to Armco Steel in Butler, PA between 1950 and 1990;
9) Any and all records of sales or correspondence between you and any employee of Armco Steel in Butler, PA between 1950 and 1990;
10) All documents in your possession mentioning Ed Ford or William Ihlenfeld that pre-date the filing of these lawsuits;
11) All documents (including sales catalogs) illustrating the asbestos-containing products used by you between 1950 and 1980;
12) All documents used to refresh the recollection of the witness, including all documents reviewed in preparation of the deposition;
13) All documents showing either exposure to asbestos or lack of exposure to asbestos during the normal handling, use and work with your asbestos-containing products;
14) Any and all documents relating to any evidence of your compliance with regulations as they pertain to the use of asbestos; and
15) Any and all documents relating to your efforts to comply with this request.
PLAINTIFFS' NOTICE TO TAKE THE ORAL VIDEOTAPED DEPOSITION OF FOSECO, INC.
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