Document npanYmarYRegmB0Q6vEQV3R5G

t FAX COVER SHEET To: Paul Merrell & Carol Van Strum Bradley & Merrell From: Peter Montague Environmental Research Foundation (410) 263-1584 (voice) (410) 263-8944 (fax) 4 pages (including this cover sheet) Sent on 30-Oct-93 at 17:57 Comment: Dear Gerson, Paul & Carroll- I have sent the attached FAX to John Michener. I have not sent it to Mary Ann because I don't want her working on this any more, though I haven't formally told her this (I'm waiting to see if we can find a replacement). -Peter Sent via FaxWorks 0 3 2 rcu r.d a tic r. 3:0-O c t -23 1~ :5_ page 2 c 4 ENVIRONMENTAL RESEARCH FOUNDATION p.O. Box 5036 Annapolis, MD 21403-7036 Telephone (410) 263-1584 Econet: erf Internet: erf(;igC4tpc.org Fax (410) 263-8944 Dear John, -- -1-- i j ... October 30, 1993 f'/'v .-\f .lArtumaritf' fVnYY n o Tf rtinrciCuriti-' T-y-T7 Err .ir.d* ENVIRONMENTAL RESEARCH FOUNDATION P.O. Box 5036 Annapolis, M O 21403-7036 Telephone (410) 263-1584 Econet: erf Internet: erf@igcuipc.org Fax (410) 263-8944 October 30, 1993 .Dear John, YedniertesircteetorfdrisaleywoyhnoouthwseahGnotuaelfddfethoyacvseaeeseree,cvweeihrvyiecthdhinaIgpbuiignt tbmoogyxeftoihlfeedsr.ofocurma emnetsmfbreormoufsm. yItbroeaprrdesoefnts my pIisnaurtthnicecuojulnadvrgliynec'ssetdrourtcdhkeartbatyhnetdtiEemPjeuArdrigmoere'asmnddoeurnmainadloufomMf pacryoivn2isl6etig,t1ue9tet9os3ma(nyDoosfocfiuucrmicaeelsnatbcte1ic3oa7nu).,"seI a"mThe court I note the following facts: Ma)oTnhseanJteon'ksisntsudmieesmtoo DbeIDopDenIRedECbyTELPYAC'sAcUriSmEinaalcrinimveinstailgiantivoensstiguantiito. n of bwO)hffIiiccahemMoafstt.SaLoclhoidiwnWrgaanacscteoepatdyomoCiftosanElgerPtetAessrpdfeirroresmcotneSdCylCavrairatoelKlto.HLtuaobkwbeartrahdnecdaeac,tteDidoinrMe-tchatoaytr3so0hf,eE1dP9id9A.1',s in cades)vedidvijIdunebedrednaicclocaaecfuteueosdmdefeerafsarnnhaltdeus1wditat5)at8,wusataoernsfesdqt.fhoiuneuirndsedtodaitcnthkogaodtitofEsdPihtoAebcuywhmaaEdsePnpnAtroso'slIteersegcegatneultdlrayeatoaisousao,nnnsCEt(aostPhedA'esehmseaimtosutpaealtoidoCyuneateytweutaofnsodrreewprohratt she nIIsoattmhiceevreeornfyothcteossnoecmeferancletesdg?athlSaahtcetthiiosisnqwtuhiiatlelt mwobeavkcieaoniutstilamykpemotaosksRiinbEgleQafnUorIeRmrrEoerJtioundghgeeetrHaMfaamaiyrilt2tro6ianlO.tordteark,eand Thanks for considering these matters. - Sincerely, 'kmjtv UNITED STATES ENVIRONMENTAL PROTECTION A G f CY MAY 30 1991WASHINGTON, O.C. 20460 JU H O IW SOLIDWASTE A RESPONSE Honorable Carroll Hubbard House of Representatives Washington, D.C.. 2Q515 Dear. M r H u b b a r d s Thank you for your letter of May 6* 1991, regarding . John Lyons's concerns about exposure to dioxin*.. The memorandum Mr. Lyons referred to was written by Cate Jenkins, a chemist in the Environmental Protection Agency's (EPA's) Regulatory Development Branch. Ms. Jenkins claimed to have information concerning certain data submitted to EPA by the Monsanto Corporation. EPA directed her to provide this information to John West and Kevin Guarino, whom she mentioned in' her letter. The memorandum of January 24, 1991, that Mr. Lyons sent you was part of this information transmittal. However, the allegations and conclusions are Ms. Jenkins's personal conclusions, not EPA's. EPA is currently reassessing the toxicological data on dioxin compounds to make sure that we are using, the most accurate information in developing regulations and taking other actions that involve dioxin compounds (e.g., site cleanups). The Department of Veterans Affairs has revised certain policies to allow veterans compensation for Agent Orange exposures that result in soft tissue sarcoma. Vou may wish to have your staff contact the Secretary of Veterans Affairs for the latest information in this area. Thank you for sharing Mr. Lyons'3 concerns with us. Sincerely yours, CARROU HUBBARD 1$f OCtOSNTGlRCETS,SKMEANNFUeM 2268 RWAATS(Im2O0nNC2TH)O2oN2u,5sDe-3OO1f21f05ic6e1b6uiloing Cougrc of tfje (Hmteb Statesi fotte of &epreftntatibt Wa&!)mgton, 20515 June 3, 1991 REGIONAL WHIP ctjvMsniS. BANKING. FINANCE AND URBAN AFFAIRS MERCHANT MARINE AND FISHERIES chairman.Subcommitteeon gemmi oversight ANOINVESTIGATIONSOFTHE BAMKINQCOMMITTEE John L. Lyons .139 Walnut Court Benton, KY 42025 Dear John: I want to share with you a copy of the response I .have recently received from Sylvia K. Lowrance, Director of the Office of Solid Waste with the U.S. Environmental Protection Agency, John, I am hopeful that the response adequately answers all your questions concerning this important matter. However, if you believe X can be of further assistance to you, please contact me again. Thank you for providing me with the opportunity to be of assistance to you. With best wishes,for you, I am CH/jl Enclosure Carroll Hubbard Member of Congress \- lu-ib-iyyj 17 ' 9 3 *i S ; 0 Ut'HN FR0'! PERCE. RATHJEN, HMD SHOGER 1O 33328150352S71Q5 P .01 FROM EU^MS l-IHON A T 7 Y T< 2 142^5 rnuu >C J U W u i ced "oo \ UNITED STATES DISTRICT COURT E A S T E R N DISTRICT Off MISSOURI EASTERN DIVISION SENT TO: Attorneys of record RE: Case Sane Wi l l i a m R. Gaffey v, Peter Montague, et al. - V !"*'" Case No. 91-1938C(7) This action is set for a N O N - J U R Y trial on J a n u a r y 3, 1994, at 9:30 a.m. This docket is set as a three week docket* ANY REQUEST FOR A CONTINUANCE MUST BE MADE UPON NOTICE TO OPPOSING COUNSEL WITHIN 7 DAYS AFTER RECEIPT OF THIS NOTICE OR ANY SUBSEQUENT NOTICE RESETTING. O R D E R O F COURT R E L ATING _T0__TRXAL In this case, unless otherwise ordered by the Court, the attorneys shall, not less than 10 days prior to the date set for trial: 1 . Stipulation: Meet and jointly prepare and file with the Clerk a JOINT stipulation of all uncontested facts, which may be read into evidence subject to any objections of any party specified in said stipulaiton. 2. witnesses: (a) Deliver to o p p o s i n g counsel and to the C l e r k a list of all proposed witnesses, specifying those that will be called to testify and those that may be called. (fc) Except for g o o d .cause shown, no party will be permitted to call any witness not listed in compliance with this Order. 3. Exhibits: (a) M a r k for identification all exhibits to b e offered in evidence at the trial (plaintiffs to use Arabic numerals and defendants to use letters, e.g,, pitf-l, Deft-A, or Pltf Jones-l, Deft Smith-A, if there is more than one plaintiff or defendant), and deliver to opposing counsel and to the clerk a list of such exhibits, specifying those that will be introduced into evidence and those that may be introduced* (b) Submit said exhibits or true copies the r e o f t o opposing counsel for examination. Prior to trial, the parties shall stioulate as to which exhibits may be introduced `9 3 ' 1 5 : 0 1 P.F 0 M E U t i H S D X O N T 7 V without objection or preliminary identification, and shall file written objections to all other exhibits. (c) Except for g o o d c a use shown/ no party will be permitted to offer any exhibit not listed or not submitted by said party in compliance with this Order. Any objections not made in wri t i n g at least five (5) days p r i o r to trial may be considered waived. 4. Depositions, Interrogatory Answers and Reque s t s for Admissions: (a) Deliver to opposing counsel and to the C l e r k a list of all interrogatory answers or parts thereof and depositions or parts thereof (specified by page and line numbers), and answers to requests for admissions proposed to be offered in evidence* A t least five (5) days b e f o r e trial,, opposing counsel shall specify in' w r i t i n g an y objections to the receipt of such testimony and shall list any additional portions of such depositions not listed, by the offering party which opposing counsel proposes to offer* (b) Except fo r good cause shown, no party will b e permitted to offer any interrogatory answer or deposition or part thereof, or answer to requests for admissions not listed in compliance with this order. Any objections not made as above required may be considered waived* 5. Submit to the c o urt and t o opposing counsel full, complete, and specific findings of fact and conclusions of law, together with a trial brief, c iting authorities, in sijpport of said p a r t y *& legal theories and discussing any anticipated substantive or procedural problems 5. M o tions In Limine: Shall file all mot i o n s in limine to exclude evidence at least five (5) days before trial. Failure to comply with any part of this order may result in the imposition of sanctions as set forth in Local Rule 13 of this court. This Order shall be followed by all District Judges and Magistrates in this district. However, by a Supplemental Order of Court", any District Judge or Magistrate may add such other requirements as shall be deemed proper in any given case. Dated this 16th day of September, 1993. UNITED STATES DISTRICT JUDGE 10 ^ 1 : 06hM FRUf'l RENEGE- ENTHJEN- RND SMOGER 3 3 " 1 s : 3 j FROM E v'rtN S D I X O N P T T V T TO - 4 (1-48w-X3 28 15 0 35 28 7 1'6 5 r P .03 DNITBD STATES DISTRICT COURT EASTERN DIRTRICT 09 MISSOURI BASTSRN DIVISION ---- WILLIAM R. GAFFEY, Plaintiff, v, PETER MONTAGUE, et a l ., Defendants ) ....... )' )) )) Cause No. 91-19380(7} )) ) ORDER IT IS HEREBY ORDERED that the following scheduling deadlines are imposed in this cause: 1. All d i scovery requests (i.e., deposition notices, document requests, interrogatories, etc.) are to be made by 60 days prior to trial; However, all discovery pertaining to expert witnesses shall be g o v erned b y the t i m e limits set forth in Local R u l e 33. 2. All discovery is to be completed on or b e f o r e 30 days prior to trial* 3. A l l motions to dismiss or for summary judgment shall be filed not later than 70 days prior to trial. 4* T h e attorneys, not less t h a n ten days p r i o r t o the date set for trial, shall jointly submit to the Court a brief description of the case to be read to the jury panel during the voir dire examination. IT is f u r t h e r ORDERED that the above' schedule shall not be modified except by leave of Court upon a showing of good cause. The filing of a motion (including a discovery motion, motion for summary judgment, motion to dismiss, etc) does not excuse the lT '93, i5 0 F P O N EUfiN S H fiT T Y i i i L* EVANS & DIXON Attorneys at Law 1200 Saint Louis Place 200 North Broadway St. Louis, Missouri -62102*2749 Telephone No. 314/621-7755 Fax No. 314/621-3136 NOTE:: PRIVATE AND PRIVILEGED INFORMATION> THIS TRANSMISSION IS d i r e c t e d "o n l y t o t h e 'p e r s o s o r p e r s o n s n a m e d b e l o w f o r t h e i r u s e . IT MAE CONTAIN INFORMATION OR MATERIALS WHICH ARE PERSONAL, PRIVATE AND/OR CONFIDENTIAL AND WHICH ARE NOT INTENDED TO, AND MAT NOT, BE DISCLOSED TO ANY OTHER PERSON. IP YOU ASS NOT THE PERSON TO WHOM THIS TRANSMISSION IS DIRECTED, YOU ARE HEREBY NOTIFIED THAT ANY DISCLOSURE, DISTRIBUTION, COPYING OR USE OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, DO NOT READ ANY PART OF IT. IMMEDIATELY CONTACT US BY TELEPHONE AND RETURN THE ORIGINAL COMMUNICATION TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU VERY MUCH FOR YOUR COOPERATION AND UNDERSTANDING. FAX TRANSMISSION COVER SHEET PAX * 241-4245 DATE: 9-17-93 PLEASE DELIVER TO THE FOLLOWING: Name: Mr. Gerald oxtbala Company: Greenefelder, Hanker a Gala DOCUMENT PROM: Name: John A. Mlchener_______________ SPECIAL INSTRUCTIONS: a TO RECEIVING OPERATOR: Total number of pages 5 including cover sheet. Call 314/621-775.5# Ext. 131/ if yo u do not: receive complete transmittal. OFFICE USE ONLY: Client No. 40 Matter No. 768 Atry. No. 15 Matter Name: Gaifey v. Montague (e) the author or authors of the document; (f) such other information as is sufficient to identify the document, 3. The following definitions apply herein: (a) The words "document" and "documents" are used herein in a broad sense and include, but are not limited to, *;he following items whether such items are recorded, reproduced by any mechanical process, copies or written by hand? letters, memoranda, contracts, drafts of contracts, reports, recocts settlement checks,, studies, handwritten notes, working p a p ^ h charts, papers, graphs, indexes, tapes, disks, electrorJU: recording, data sheets or data processing cards, drafts of.xry of the foregoing, or any other written, recorded, transcribed, punched, taped, filmed or graphic matter, however produced reproduced. (b) "Defendants" shall refer to defendants Pet pr Montague and Environmental Research Foundation, jointly and/or severally, and any officer, director( shareholder, employee, representative, agent or other person or entity actingsor purporting to act for or on behalf of said defendants; (c) "Plaintiff" refers to William Gaffey? (d) "Newsletter" refers to Rachel's Hazardous Waste News * (e) "Article" refers to the article appearing in ^ e Number 171 edition of Rachel's Hazardous Waste News entitlfed "Dioxins and Cancer: Fraudulent Studies". 2 w-i=>~ i rrsun rair'-c ir.n m.'u i> m hj_- 6. Any and all documents concerning Peter Montague's education and credentials, including but not limited to his curriculum vitae. 7. Any and all documents concerning any articles, stories, !published writing, papers, peer reviewed scientific journals, etc., which were authored, co-authored, or edited by Peter Montague. i 8. Any and all documents concerning any editing performed ancj/or suggested prior to the publication of the article, ! 9. Any and all documents concerning a review of the article by;, anyone claiming to be an epidemiologist either prior or sub| sequent to its publication. 10. Any and all documents concerning the source materials, interviews, field notes, etc-, taken during the course of Defendants' work on the article. j 11. Any and all documents concerning the sources of the i article . j 12. Any and all documents concerning any and all efforts made by! Defendants to verify the authenticity of each and every source usjsd in writing the article. ! 13. Any and all documents concerning any and all efforts made by; Defendants to verify the authenticity of the contents of the j article. 14, Any and all documents concerning any claim or complaint filed against Defendants for printing defamatory statements or implications. 4 Certificate of Service The undersigned hereby certifies that a true copy of the foregoing Request for Production of Documents was served by first class U. S . Mail, postage prepaid, the day of 0 , 1993, to John A. Michener, EVANS & DIXON, 1200 Saint Louis Place, 200; North Broadway, st. Louis, Mo 63102 and Gerald Ortbals, GREENSFELDER, HEMKER & GALE, 1300 Equitable Building, 100 North Broadway, St; Louis, MO 63102. 6 i ,i l.. ) r-iMJ-1 -urtuutiK P .09 : ANSWER: : e. Beginning and ending dates of the position. ; ANSWER: : t * Why you left that position. , ANSWERS ,1 ; 2 . state the names and addresses of any people you intend to Call as expert witnesses/ and state the general nature of the subject matter on which they will testify. Further, state the substance of the facts and opinions to which the expert is expected to testify and a summary of: the grounds for each opinion. i j ANSWER; i 3 Are yo u aware of any statements made by defendants (other than the article in question) pertaining to plaintiff or Sack, or to any studies done by plaintiff or Zack, or to any other matter referred to in plaintiff's petition? If that statement was oral, please repeat it as 'exactly as you can* If the ;statement was written, recorded or jtranscribed, state the name and address of the person having custody of the statement and attach a copy of it to your answers ANSWER! 4. Does plaintiff claim any financial loss as a result of the article mentioned in plaintiff's petition (herein after "the article")? If so, for each different kind of financial loss, please state the following: * a. The amount of the loss. :ANSWER: b. Describe the nature of the loss, and how it was incurred. ANSWER: i c. Show exactly how you calculated the amount of the loss. ANSWER: d. State during what period of time the loss was incurred. ANSWER: 5. Other than as set out in answer to the preceding interrogatory, do you claim that you have jor will suffer any loss as a result of the article? If so, fully! describe the nature of the loss, the amount, how you calculated the amount, and the m ~iiiij **ru ii_* -31lULlCin i u 1D J - j i l D t1t o w. 1 1 period when incurred. ANSWER: 6. Please state the names and addresses of all persons who have a lower opinion of plaintiff's integrity, honesty, or professional competence as a result of reading the article. For each of those persons, please state: ; ANSWER: a. How you know that that; person has a lower opinion of you. ANSWER: b* Whether you have explained your position to that person and, if so, whether that explanation was accepted. ANSWER; 7. In regard to your professional background, please state the following; a. List all professional organisations to which you have belonged, including the years which you have belonged to them* ANSWER: b. If you have been an officer or director of any of the organizations listed in answer to subsection (a)f. please state the name of the office and the years held. ANSWER; c. Describe any special honors or awards you have received, including the name and address of the entity giving the award, and the year* |ANSWER: d. List all articles, studies, letters, or other material that have been published in any form, including the title, name and address of publisher, date of publication, and general nature of the subject matter of your work. :ANSWER; e. Describe any teaching you have done, including name and address of the institution where you taught? the. years in which you taught; and the name and description of the courses you taught, ANSWER: f. List all speeches, presentations, or papers you have given or issued, including the title of the speech or presentation, describe its general nature when and where given, ] and the name and address of the organization connected with the presentation. x ^ * x _'ni i 1\i_U l r c .n r .L t z k h i n j tzN ? H N L b H U b fc K IU 8332315035287105 P. 13 ANSWER: 8. Did you conduct, author, or participate in a study of the effects of Dioxin, as mentioned in the article (hereinafter "the study")? If so, please state: ANSWER: a. Wh y you undertook the s t u d y > including the name, address, position and employer of the person who ordered or suggested that you undertake the study. > ANSWER: b. Was the study undertaken as part ;of your job duties with Monsanto? ANSWER: c* Describe fully the data and documents on which the study was based. ANSWER; d. -State t'he name and address of alli present custodians of that data and the documents, and describe any of the sources which are no longer in existence. ANSWER: 9. List the names, addresses, positions, and employers of all persons wh o participated or worked on .the study, and describe the role of each* ANSWER: 10* For purposes of the study, describe fully and exactly on what basis you determined that a worker had been "exposed'1 or not exposed to Dioxin* Further, state the rationale for that determination. If that determination was based upon any scientific authority, cite the authority fully. ANSWER: 11. State the names and addresses of all persons with personal knowledge that the statements of which plaintiff complains were made by defendants with knowledge that they were false, or with reckless disregard as to the truth of those statements. For each such person, please state: ANSWER: a. Describe the basis for that person's knowledge# ANSWER: b. State w h e n and how you first became aware of this p e r s o n 1s k n o w l e d g e . ANSWER: 12. State the names and addresses of any Monsanto employees ,or consultants who disagreed with or questioned the methodology or results of your study. ANSWER: 13* State the names and addresses of any other persons or entities who disagreed with or questioned the methodology or results of your study. If that was expressed in an article or publication, fully cite it. ;ANSWER: 14. Are you aware of any studies of the effects of Dioxin (other than the one referred to in interrogatory number 8) which were in any way devised or conducted by any persons connected with Monsanto? If so, for each such study, please state: .ANSWER: 'i a. When it was conducted; the title of the study; and fully cite any publication of it. ANSWER: b. State the names and addreses of the persons who devised or conducted the study, and describe the role of each. ANSWER: c. Describe fully the data and documents on which the study was based. : ANSWER: d. State the name and address of all present custodians of the study, the data and the documents, and describe any of the sources which are no longer in existence. : ANSWER: : e. Describe fully and exactly oh what basis it was determined that a subject of that study had been "exposed" or not exposed to Dioxin. Further/ state the rationale for that determination. If that determination was based on a scientific authority, cite the authority fully. ANSWER: IS. State the names and addresses of any persons or entities who disagreed with or questioned the methodology or 1 1 1 1r r .u i ! r c m 1, l i ? WH i J t i -I' Hi L b l IU L itK IU 3 3 3 2 8 1 5 8 3 5 2 8 7 1 0 5 P .ir results of the studies referred to in interrogatory number 14. ANSWER: EVANS DIXON Jahn iA- Mi ebener #22509 CofCounsel for Defendants 1*200 Saint Louis Place 200 North Broadway St. Lbuis, MO 63102 .621-7755 GREENSFELDER, HEMKER * 6ALE BYi L l-- Gerald! Ortbals Attorney for Defendants 1800 Equitable Building 10 South Broadway St. L o u i s , MO 63102 241-9090 Etivironia&cfcft 1 Epa*ai-oK y o u iiia tio r. 27-O s t-9S i i :23 page 2 21 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF HISSOtlEI EASTERS DXVXfllOH WILLIAM R. GAFFEY, Plaintiff, ve. PETER MONTAGUE, et al., Defendants* ) ) ) ) ) cause No 91-193S-C-7/JCH .) ) ) ) IRST XHTERROG^TGRXES COMES HOW plaintiff, William R. Oaffey, pursuant to Rule 33 of the Federal Rules of Civil Procedure, and propound the following interrogatories tc defendants Peter Montague and Environmental Research Foundation, to be answered under oath in accordance with the Federal Rule of civil Procedure, GENERAL INSTRUCTIONS X* You are requested to furnish all information that is available to you or subject to your reasonable inquiry, including information in the possession of your attorneys, accountants, advisors or other persons directly or indirectly employed by, or connected with, you or your attorneys and anyone else otherwise subject to your control* 2. If an interrogatory has subparts, answer each subpart separately and in full, and do not limit your answer to the interrogatory as a whole* If an interrogatory cannot be answered in full, answer to the extent possible and specify the reason for your inability to answer the remainder and state whatever J i v IJ.' -_'l I l _ l \ 1I_l nviroi:fintc.l R&atiarck Foundtioi. 27'0oh*33 I6;23 1O J I O l D i . a ; L O pagn 3 o 21 k .y informtion and knowledge you have regarding the unanswered portion. 3 * If the information requested is not reasonably available to you, state what efforts have been made to obtain the informationr if any, and from what source such information might be obtained, if known* 4- If the information requested is not available in precisely the form requested but can be supplied in a slightly modified form, state whatever information is available to you concerning the subject of the interrogatory. 5. If an interrogatory calls for information Which may be derived from records of documents available to you, you may answer the interrogatory by specifically referring to any such records of documents in which the precise information may be found, and by furnishing the documents of copies thereof to Plaintiff. 6. If any information is withheld because of a claim of privilege, state the general nature of the information and describe in detail the nature of the privilege claimed. 7- Ihe interrogatories are to be deemed as continuing, and any additional information which you acquire subsequent to the date of answering these interrogatories, up to and including the date of trial, which is different from that set forth in your answers to these interrogatories, up to and including the date of trial, Which is different from that set forth in your answers to these interrogatories shall be furnished to Plaintiff's attorneys promptly after it is acquired by you. PECTKITIOWS Snvirc-naisn^ai Keoecrch Foanaatien 2 ? -Cot-S3 ii23 page 4 of 21 i 1* "Identify", when referring to any person, means to set forth the name, present of last Known address of each person and, if an individual, his or her employer and title of business position during the period referred to. Once a person has been thus ident ified in an answer to an interrogatory, it shall toe sufficient thereafter when identifying that person to simply state his or her full name. 2. "Identify", when referring to a document, means to identify its author, date, each addressee of any copy, a brief description of the subject matter of the document, and the present custodian of the original and each copy thereof bearing any marking or notation not found on the original or other identified copy. 3* "Person" or "persons" mean any natural individual, firm, partnership, association, joint venture, corporation, governmental agency or subdivision, or other organisation, or legal business entity, including without limitation, any party to this litigation. 4. "Plaintiff" shall refer to plaintiff william R* Gaffey* 5. "You", "your" or "defendants" shall refer to Peter Montague and Environmental Research Foundation, jointly and/or severally, and any officer, director, shareholder, employee, representative, agent or other person or entity acting or purporting to act for or on behalf of said defendants* 6. The term "newsletter" shall refer to Rachel's Hazardous m stejssim * 7 * The tern "article" shall refer to an article titled "Dioxins and cancer: Fraudulent studies" published in Rachel's Hazardous Waste Mews. ''tw'i 1i rr.un r tzHKLt.*KH 1H JtH ?H M D S M U G E P TO Snvirocm iinfcB l S rT io ii cii F & u n d a-io n 2 " -O c t'32- 1 0 :2 3 8312S150352S7105 pset! tif Si P .04 8. "State" means to provide a detailed explanation including all information you have with regard to the particular interrogatory 9* The term "concerning" means and includes referring to, alluding to, responding to, relating, connected with, commenting on, in respect of, about, regarding, discussing, involving, showing, describing, reflecting, analysing and constituting IM R M B m 1 Identify the geographical area (hereinafter referred to as the "reading area") over which Defendants distribute and/or sell the newsletter and the population of the reading area, and include the following: (a) identify the percentage of those persons In the total population that reside in Missouri; and (b) identify the percentage of those persons in the total population that reside in the midwestern part of the United States. M8WBR: Part (a); [GET] Part (b) s X cannot respond to this because the term "midwestern" is vague. Webster's Third m v international Dictionary of the English language Unabridged (Springfield, ass: Merriam-webster, Inc., 1986), pg. 1431, says "midwest" means "regions lying somewhat to the west of a specified or implied point of origin*" What states does Mr. oaffey consider to be included in the "midwest"? EnvironirLenfcial found* tio:a 27-Oob-93 16:23 pog 6 of 21 2. Identify ftew many newsletters are delivered to the reading area population by subscription, end include the followingt (a) Identify each and every citizen group the newsletter is provided to and/or Made available to; (b) Identify each and every government agency the newsletter is provided to and/or made available to; (c) Identify each and every business the newsletter is provided to and/or made available to; (d) Identify each and every institute of higher learning (i,w. colleges f univers iti&s, etc *} the newsletter is made available to; and {a) Identify any other group the newsletter is provided to and/or made available to not identified in response to 2. (a} (d). flKSHgfrX [GET] 3 . - state how many copies of the Number 171 edition of the newsletter were printed and identify how many people in the reading area, according to Defendants' figures, read the Number 171 edition of the newsletter, providing a break down of the total by state* issassBi we do not know how many of 171 were printed; we know how many we mailed via 17.$. postal service to subscribers. [GET] 4. Identify whether Defendants have a manual or other instructional material which provide journalists' standards to be .................. i rQhr.1,!; -n.Hlt~iJel l>H)JL` briUUhK fU 8312815935287105 P.0& E n v iro E iiiis n ta l 5es-=>erch F o u n d o ir-.sn 37 *C'jc& '33 1 6 :2 3 petgw 7 o 31 \ observed in investigating, gathering and publishing news, and include the following: (a) Identify the complete titles and authors of any such manual or instructional material; (h) Identify how reporters are trained in the use of any such manual or instructional material; and (c) Identify how editors are trained In the use of any such manual or instructional material. IflSEgfe, (a) Stephen Elias* legal Research - How to Find and Understand the Law. Second Edition- Berkoley, Calift Nolo Press, 1990* Louis J* Pose, Sow to Investigate Your Friends and Enemies, St- Louis, Mo,: Albion Press, 1983. K. Harry. Muckraker* Manual; Handbook for Investigative -Reporters. Port Townsend, wash,: Loompanics Press, 1984, Leonard M. Fuld, Competitor Intelligence; Row to Get It; How to Use It. New York: Wiley, 1985. Mona McCormick. The New York Times Guide to .Reference Materials. Revised Edition. Mew York: Dorset Press, 1985. John Ullmann'and Steve Honeyman, editors. The Reporter's Handbook; An Investigator's Guide to Documents and Techniques. New York: St. Martin's Pressr 1933. Christopher W. French, editor. The Associated Press stylebook and Libel Manual. Revised Edition. Reading, Mass.: Addison-Wesley, 1987. Victor Cohn. Mews and Number; A Guide to Reporting Statistical Claims and Controversies in Health and Related Fields. X I X w' ---? I I\UI I E n virn rtiS n'iR .!. R u s o a rc h F e u r.c tn tic n 27 'C a t - #3 1 6 ;2 3 pag-n S o 21 Ames, lova: lows State University press, 1989* Philip B* Gove, editor. Webstarrs Third t e International Dictionary ot the English Language Unabridged. Springfield, Hass*: Mrrias-Wcbster, Inc*, 1986). (b) Peter Montague in the only reporter on ,our staff. He writes the newsletter single-handedly* Ho trains himself by reading# as needed. (c) peter Montague is the only editor who makes decisions regarding content of our newsletter. He writes the newsletter .single-handedly. He trains himself by reading, as needed. 5. Identify all individuals, reporter, editors or other employees of Defendants who worked in the field or in the office on the story in the Humber 171 edition of the newsletter which is the subject of this litigation, and include the following; (a) State whether these Individuals are still in Dfendants' employ, and if not, state why; (b) State whether any of these individuals ever had a claim or complaint filed against them. in conj unction with Dfendants' printing defamatory statements or implications, and if b o include the following; (1) The name and address of the person or entity who filed such charges or complaint; (ii) A description of the defamatory statements or implications printed that caused said claim or complaint; (Hi) If applicable, the name and address of the tribunals where such a claim was filed, the title of the cause and the number assigned by the tribunal to such claim; iiviron^ientc.I Research Fc-ucdotien 2 ? - c b - 3 3 1 6 :2 5 QCT"27"1993 15-IS FROM E.R.F. TO page 9 o 21 2S33344 P.ee (iv) The amount of money paid, if any, to settle or otherwise satisfy said claim or complaint; (v) Whether a retraction was offered or printed by Defendants; and fvi) The final judgment of the court for those cases not settled, and (o) State whether any person named above has over been previously admonished or reprimanded, Peter Montagu wrote and edited #171 single-handedly; no one else participated in the writing or editing. (a) He is employed by Environmental Research Foundation. (b) Peter Montague has never had a claim or complaint filed against him in conjunction with Defendants' printing defamatory statements or implications, prior to the present action against him by Mr. Gaffey* (c) X can't answer this question; it is too vague. Admonished or reprimanded by whom? 6* With respect to defendant Peter Montague, please state the following: (a) Identify all colleges, universities or other institutions attended; (b) Identify all professors who taught Peter Montague courses pertaining to journalism, writing or related areas; (c) Identify all textbooks used by peter Montague pertaining to journalism, writing or related areas and/or Eurircnreental Research Soundntio 27-Osi-93 le: 2* pay* 1 * 21 epidemiology and toxicology; (d) Identify five journalism texts with which Peter Montague is familiar ,) identify all articles, stories, published writing paper, peer reviewed scientific journals, etc., Which Peter Montague has authored or co-authored, (g) Identify the extent of Peter Montague's journalism experience; and {*o state toy whom Peter Montague is employed and identify all titles or positions held by Peter Montague. (a) Peter Montague attendeds (X) University of Virginia during 1953-1359; (2) Antioch college during 1959-1960; {2) Mexico City college during 1360-1961; (4) Indiana University during 196S-1967; (5) University of Now Mexico during 1967-1971., . (b) i cannot remember the r.ames of any journalism or writing professors who taught me 0 2 to 36 year ago) ? 1 have written to the colleges X attendedf to ask for transcripts, and will provide the answers if and when the transcripts are received* (c) i assume this question pertains to my years in colleger the names of textbooks that I can remember'are Strunk and White's Slements of style and Darrell Huff's sow to Lie With statistics. I also remember that during those years I read J.p. stone's Weekly on a regular basis. <d) I am not familiar with the contents of any journalism Envii-onreental Seoea.r'ch Fwnslaiion Oct-33 16:53 Pife 11 of 21 textboofca. i () A list of ny written work is attached (g) My journalism experience: I was a reporter and editorial editor for my high school .* ! newspaper in 1956 and 1957. I held my first newspaper job in 1956 | (vjrhon I was 17) as a reporter for the Westport (Ct.) Town Crier and the Fairfield (Ct.) fewer. At Antioch College X was editor of the college newspaper for a time; at Mexico City College I edited an independent newspaper called The Gadfly, and X was a reporter for a monthly magazine called Mexico Today* At Indiana University X wdrked as a reporter for an independent: newspaper called the Bloomington spectator. From 1971 to about: 1974 X was a reporter, then associate editor for the Mew Mexico Review and legislative Journal its Santa Fe, H.M* In 1972 X founded a monthly magazine in Albuquerque, N.H., called The Workbook, which still appears (now quarterly) though since 1979 x have only written for it occasionally and x have not participated in its editing, in 1961 X founded Mew Jersey Hazardous waste Hews in bawrenceville, H.J., of which X was the editor, and which in 1986 became the weekly r Rachel's Hazardous. Waste Hews in Princeton, N.J,, which I still edit today, though our offices have since moved to Annapolis, Kd (h) Peter Montague is employed as director of Environmental Research Foundation, it is his; only job. bne of his duties is to edit the weekly Rac&ei fs Hazardous Waste News. 7. Identify tha names and titles of-the persons who wrote, edited or worked on the article appearing in the Number 171 edition of the newsletter which is the subject of this litigation prior to Envircnnfir^bsl S<i3.r-ch FoundEtioa I 27-Cob-32 1C:23 IlU j p<# 12 *> 21 r. publication, and include the following; (a) Stata whether these people re still in Defendants' employ and if not, state why and an address or telephone number where they may he reached; (to) State whether any attorneys were consulted concerning said article and provide the identities of each; and (c) State whether anyone claiming to be an epidemiologist was consulted concerning said article and provide the identifies of any such persons. areggfti X was the only person involved in writing and editing tfi7l* (a) Z am employed toy Environmental Research Foundation. (b) Ko attorneys were consulted. (c) Ho one claiming to be an epidemiologist was consulted. 8. State whether Defendants possess the source materials, interviews, field notes# etc., taken during the course of Defendants' work on the article which is the subject of this litigation# and include the following; (a) Identify where said documents are located; and (to) Identify who has custody of said documents JUjgWERt Tha source documents exist in the files of Environnemental Research Foundation. Ho interviews were conducted; no field notes were taken. 9* Identify each and every source of the article which is the subject of this litigation# and include the following: Envi roiusantol F^unda^-ion 2 7 - O ct. - 5 3 1 6 :2 3 213p e g s or l (a] each said source; identify the name, address and -telephone number of <b) Identify each and every effort made by Defendants to verify the authenticity of each said source; (c) Identify each and effort made by Defendants to A verify the authenticity of the contents of said article; and (d) State whether Defendants had in their possession any of the studies referred to in the article* The sources were all documents, not people* (a) Naturally, documents do not have names, addresses or telephone numbers. (b) I reviewed in my mind the history of dioxin science and the issues involved; I evaluated (based on my own Knowledge and experience and files}, and made a judgment about, the reliability of the individuals who provided me with the source documents; I evaluated (based on my own Knowledge and experience and files) , and made a judgment about, the reliability of Cate Jenkins and the likelihood that an appellate brief might contain false claims; I reviewed numerous documents from my files on the issues of dioxin and human and animal health; X conducted a computer search on the National Library of Medicine's on-line system; and I made a trip to the Rutgers university Library of Science and Medicine to acquire' and photocopy documents, which X then read. After Mr Gaffey wrote me a letter, dated April 23, 1990 [Document 4], Z then wrote a letter to Rex Carr [which X mistakenly dated April 23, 1990; X actually finished writing it, and mailed TOTAL P.12 EnrironKnfcal iteeaareh Founotati 7-Oc *'S3 16(23 14 of 21 it, April 29, 1990-- see Document 5], Those appellate brief had quoted as one of the sources for my article 'in #171, asking him for clarification about whom he was referring to In his reference to "Zack/Gaffey." His reply to me was dated Kay 10, 1990 [see Document S3 And it included two documents that had been exhibits in I the Reamer trial [Document 6 and Document 7] I wrote to Hr Gaffey on April 29, 1990 [Document 9J. He responded to me in a letter dated May iif 1990 [Document 13]; he sent three enclosures [Document 1 0 ; Document 1 1 ; and Document 123 * I read his letter and these documents carefully. Before publishing #171, Z had spent 20 years collecting and reading news articles, medical articles, and scientific articles about 2,4r5~T, other phenoxy herbicides,: and dioxin(s); since publishing #171, I have continued collecting and reading articled on the same subjects* In reading these materials, x have continued to look for evidence that confirms or refutes the correctness of th allegations and statements in #171* (c) When 1 wrote the story I had not seen the text of the Zack/Gaffey study or of the Zack/Suskind study; X had read all of the other documents referred to In the footnotes of the article in #171. Before x published the article, 1 had obtained end had read copies of all the documents cited in the footnotes, including the Zack/Gaffey study and the zack/suskind study. After reading these studies, X made the judgment that my article was substantially ! correct, and X authorized its printing and:distribution* 10. State whether Defendants ever had a claim or complaint filed against them for printing defamatory statements of . .......................... , i i_mvwci j n n i r u C.IN>HI'JU i'H U U hK 1U Enviironm antal B,aes.rclv ?oun4R.ti*D 27 -Oct ~B3 16:22 8312815035287105 p*age 15 5 21 P. 14 implications, and include the following: ,i (aj Identify the name and address of eaoh person or entity who filed such chargee or complaint; (b} Provide a description of the defamatory statements or implications printed that caused such claim or complaint; (c) If applicable, identify the tribunal where such claim was filed, the title of the cause and the number assigned by the tribunal to such claim or complaint; (d) State the amount cf money paid, if any, to settle or otherwise satisfy said claim or complaint;: (e) State the final judgment of the court for those cases not settled; and (f) State whether a retraction was offered or printed by Defendants Ms&mz Neither Environmental Research Foundation nor x have ever had a claim or complaint filed against us for printing defamatory statements of implications, prior to Nr* Guffey's present action. 11 * Identify the date of initial publication of the newsletter, and include the following: (a) Identify each and every pub U s h e r of the newsletter from the date of inception; (b) Identify each and every editor of the newsletter from the date of inception; (c) Identify all sources of donations' and/or gifts used to finance the newsletter from the date in inception, and include EnTircnmeiLfcal RaaaiiroK Foimda^iori 27-C-CC-S3 ICi23 j&agc 16 21 the followings (i) Provide the date of each said donation and/or gift; (ii) Provide the amount 'of each said donation and/or gift; and (ill) Provide the name and; place of;employment of each person massing said donation! and/or gift. and (d) Identify any and all financial institutions providing loans to launch the newsletterf and include the following; <i) State the principal amount of each and every loan; (ii) State the balance due on each and every loan; and (ill) Identify all signers on each and every loan MftwjK*. (a) Environmental Research Foundation has always been the only publisher* (b) Peter Montague has always been th editor. (c) Sources of donations or giftsj see attached Tax Forms (990$) for Environmental Research Foundation. Those constitute a complete record of all our inaowe during the period in question. (d) Environmental Research Foundation has never received a loan from any person or institution. J -d .' c .1 j . u u w 'v J i M i L -.L Ji i i ! _ r i r i ' . n i i i j i_ m * r i i a.' _ 'i i S n v irc n ite n to l oh,3rch Feun&abicn 27-Ocrfc-33 ilir2 3 p n g s 17 g 21 i , j.w 12- State the net worth of defendants iEnvironmental Research Foundation and Peter Montague, and include:the following: (a) identify the basis for this figure, including but not limited to the gross value of Environmental Research Foundation'? total assets and liabilities together with the gross and net earnings and/or donations for the last five years; (b) Identify what percentage of `Environmental Research Foundation's earnings and/or donations are attributable to business in Missouri; (c) identify what percentage of ;Environmental Research Foundation's earnings and/or donations are attributable to business in the Midwestern part of the United states; and (d) Identify all benefactor? ofdonation and/or gifts in the last five years, and include the following; (i) Identify the profession or business of each ) entity staking said donations and/or gifts; and (ii) State the percentage of the entities or persons identified above either performing or utilizing epidemiologist services; and (ej Provide the information requested in items 12* (a) - (d) for Peter Montague. -wr. i (a) I have attached Environmental Research Foundation's latest balance sheet which shows cur current assets and liabilities. Peter Hontague owns no automobiles, no-real estate, no stocks, no bonds, nor any other tangible assets; he has no savings account(s). He has a TlA/c&EF retirement account worth Siivi;ronRenta! Research fciuiaat 27'0cfc-?S 16:2? pa?a IS c 21 approximately $60,000. He owns half the furnishing of the twobedroom house where he resides, but most of the furniture was in used condition when it was purchased and it has little or no value today* His TV set is iff years old* Hie liabilities include roughly $1600 in credit card debt; he pays $600 each month toward his children's: educational loans; he pays $256 per month to lease an automobile *i 13 Identify each and every step involved in the process of preparing an issue of the newsletter for publication, and include the average amount of time this process takas. Steps in newsletter productions i (1) constantly scan publications for new documents and story ideas; Keep my "ear to the ground" for important events occurring or about to occur in the field of "chemicals and health" or "envt ironment." (1} Acquire new documents; (3) Read them, including the footnotes; (3) Acquire some or all of the cited documents; (5) Loop through steps 2 and 3 as manytr times as necessary; (6) Conduct interviews, if needed. (7) Write the newsletter* (8) Send it to the printer, along with this week's list of subscribers; the printer then prints and mails it. (9) We, then publish the free electronic version on the Internet, a practise we began in July, 1993. E ir d renin a n t a l ^ a s-a a ro h F o u n tn t,i*n - O c t -53 ifi 23 bago 20 of 21 I 15. State whether Defendants have received any correspondence or other written communication from any: person and/or entity concerning the statements contained in the article which is the subject of this litigation, and include the following: (a) ' Identify any such persons and/or entities; (b) identify the affiliations of;any such persons and/or entities; (C) Identify the purpose(s) of any Aach correspondence or other written communication; and (d) State in detail what, if any, response was provided by Defendants to any of the correspondence or other written communication. KBSSm.1 (a) William G&ffey wrote to ms on two;occasions and a person named Monnye R, Gross, who claimed to be; a lawyer representing William Gatfey, wrote to roe twice. (b) Konnye R* Gross is supposedly an independent attorney in Clayton, Ho.; I have no idea who he is, really* (c) Hr- Gaffey wrote to say (1) that he had never studied "any aspect of the health risks of the people involved in the 1949 Monsanto accident and cleanup" and (2) that he had "never calculated any mortality rates for any workers exposed to dioxin or not exposed to dioxin at the Monsanto plant where the accident took place1* and (3) the appellate brief by Carr (in the Kemner case) had mistakenly assumed he had done both of these things; and (4) threatening to sue me if I didn't print a "formal retraction, containing the 3 points X mentioned above." 10-27-1993 06:55PM FROM PEARCE>RATHJEN PHD SMOGER TO 8312815035287105 P.20 10-27-19yo 09:05PM FROM PEh RCE-Rh THJEN.h MD SMOGER TO EnvircoiEiite 2 Rsoarch Foundation 27`Set-93 17;3S 8312815035287105 cage 3 of 6 P.03 REQUEST THREE* On March 7, 1990, Defendants in the umber 171 edition Of said newsletter published an article titled "Dioxins and Cancer: Fraudulent Studies*1 (herein after referred to as the "Article"). REAPOffBE: ccaiBST yorai In said newsletter, Defendants published of and concerning Plaintiff the following false and defamatory statements of fact: "in fact, excess cancer have occurred, but it appears that the data have been manipulated to hide the facts" {emphasis in original); "How there is mounting evidence that each claims rely heavily on studies that are fraudulent"; "other studies of this same accident were also fraudulent"; and ,,rGaffey deliberately and knowingly omitted 5 deaths from the exposed group end took four other workers who had been exposed and put these workers in the unexposed group, serving, of course, to decrease the death rate in the exposed group and increase the death rate in the unexposed group./n ssssemEi ^ 1 ; Q^iY, REOtnaag PIYBs By said words published in said newsletter. Defendants intended to impeach Plaintiff's professional skill, knowledge and conduct, ayaftOHgg* at. BgqpftBT six: By said words published in said newsletter. Defendants; impeached Plaintiff's professional Skill, knowledge and t 10-27-1993 09:06PM' FROM PEARCE.RATHJEN.AND SMOGER TO' 8312815035287105 F .04 1 0 2 7 - 1 9 9 3 0 9 1 1- Ot-Ff l FROM F 'E w F 'C E . F'h H J EM Ht ID SM O G EP TO Er.viremnant! Resoajch Foundation 2"-Cck-?3 17:36 3312315035237105 pci:* 4 o f ; P .04 conduct. Incorrect r. BEQUEST SEVEN: Defendant wade no attempt to contact anyone claiming to be an epidemiologist to confirm and/or refute the statements quoted in Request Four prior to publishing said statements. MBPOmE! \)c ^ ' w > <r . v .,.*g ' T-" T 1 .V*"- V ftftpPBgT pigffTt D e fe n d a n ts relied solely on their x,\>^ * interpretation of their source materials in their writing of said ^ Article and their untrue and libeloue statements concerning Plaintiff. amnaii iMerrect- ^ t \ . ' HEOPSat ifisE;. Defendants never performed or vere involved in the type of study described in said Article. &B9POgBg: u( M6$86$ S W i ih-6 M-'- ^ b ^ W r < r i^ t,-r .^.Av fo/* / \^~ ~^ A ' V J" As Defendants were inexperienced and V 73^ 'H unfamiliar vith the type of study described in the Article, their printing of the untrue and libelous statements concerning Plaintiff without any attempts to verify and/or refute said statement 10-27-1993 09:06PM FROM PFwPrF.PMTHTFU.QMn ounr.FP to C`~?1 _'01C|->-TCT-.|-.n. r~ f i r i v i co.n~.6nt -.1 Ra o r ch F cur.eLjkion f t 2 7 ? " 1.7:33 003e 5 a i C J.*_>. constitutes malicious, unwarranted and outrageous conduct. EffBiraifrR ^pp2G?a?Qt. REQCgaT ELEVEN: Readers of said newsletter generally read the published words as being true, accurate and factual. I v O " i'f K l /w .-xK'7 C>t" REQOBOT TWBLTfc By not verifying the results of the study described in the Article, Defendants have breached their moral and ethical obligations to publish true, accurate and factual articles. ggapcBas^ MQfflyg gflUtTSEMt By not verifying the results of the study described in the Article, Defendants have inflicted irreparable bar upon Plaintiff, including but not limited to great embarrassment, humiliation and impairment of Plaintiff's honesty, integrity and standing in his profession. Maami ,r tr. V c A (yfh- LEW IS, RICK k FINGERSCH By................. .... ....... Richard A. Wunderlich D an iel D. Z egura 8182 Maryland Avenue, Suite 400 Clayton, Missouri 63105 TOTAL P .05