Document oM9vL9dRGkY5gmJX92w0wbZa7

IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS STATE OF MISSOURI TWENTY-SECOND JUDICIAL CIRCUIT ROY DUNCAN and MARY DUNCAN, His Wife, ) ) Petitioners, ) ) ) ) v. ) A. SCHULMAN INC., ) ) Defendants. ) ) Cause No. 1122-CC09254 NOTICE TO TAKE VIDEOTAPED DEPOSITION DATE TIME September 6, 2012 10:00 a.m. (ET) DEPONENT Rule 57.03(b)(4) Corporate Representative, Reichhold Inc. LOCATIONS Hotel Indigo Raleigh Durham Airport 151 Tatum Drive Durham, NC 27703 PLEASE TAKE NOTICE that the videotaped deposition of the deponent will be taken as indicated above; that counsel for Plaintiff will take the deposition pursuant to Missouri Civil Procedure Rule 57.03(b)(4), and other applicable rules and statutes. Said deposition will be taken on oral examination before a Notary Public and certified Shorthand Reporter, or any other officer authorized by law to take depositions in like cases. This deposition will be conducted of Reichhold, Inc., (hereafter referred to as "Defendant") upon the matters set forth in this Notice. DEFINITIONS "YOU" and "YOUR" means each Defendant, Reichhold, Inc., Reichhold, Ltd. (aka Reichhold of Canada), its subsidiaries, agents, officers and any and all predecessors-in-interest. "PERSON" and "PERSONS" include a natural PERSON, firm, association, organization, partnership, business, trust, corporation or public entity. "WRITINGS" and "DOCUMENTS" mean, without limitation, the following items, whether printed or recorded or reproduced by any other mechanical process or written or produced by hand: any records, contracts, agreements, communications, correspondence, telegrams, memoranda, summaries of records of telephone conversations, summaries of records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, drawings, illustrations, sketches, photographs, maps, minutes, summaries of records or meetings or conference, summaries or reports of investigations or negotiations, opinions or reports of consultants, written analysis reports, tape recordings, motion picture film, brochures, pamphlets, advertisements, circulars, press releases, drafts, letters, any marginal comments appearing on any document, tags, signs, warnings, transcripts, bills, invoices, market surveys, inventories, papers, diagrams, statements, or testimony of any nature, documents, treatises, theses, books or accounting, and any and all other writings. "PERTAINING TO" shall mean regarding, relating to, referring to, referencing, concerning, discussing, evidencing, supporting, identifying or describing. "ASBESTOS" means asbestos fiber of any type or grade. The words "ASBESTOS" or "ASBESTOS-CONTAINING PRODUCTS" ("ACP") means any and all products, supplies, equipment or other materials which YOU know or believe to have contained any amount of asbestos at any time, including, but not limited to Reichhold Chemical, Inc. brand products, including, but not limited to, molding compounds. "PLANTIFF" means ROY DUNCAN. "RELEVANT TIME PERIOD" means 1955 to the present. "IDENTIFY" and "IDENTIFYING" when used with respect to ACP shall mean to describe by size, shape, color, manufacturer's name, brand name, name of the entity which supplied YOU with the product or ACP, or other IDENTIFYING characteristics; when used with reference a PERSON shall mean to describe by name, last known telephone number and last known address. - "LOCATIONS AT ISSUE" means Square D in Cedar Rapids, IA and Columbia, MO. INFORMATION SOUGHT 1. All information PERTAINING TO YOUR DOCUMENT retention policy. 2. All information PERTAINING TO YOUR corporate formation, acquisitions, mergers and relationships with subsidiary entities and sale to BTL of the product line at issue. 3. All information PERTAINING TO sales catalogs, brochures, specification sheets, photos, films, photocopies which depict any ASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 4. All information PERTAINING TO model number, model name or symbol of any of ASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 5. All information PERTAINING TO the packaging, name or logo associated with any of ASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 6. All information PERTAINING TO the sales and/or distribution of any and all ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS which YOU sold or distributed to the LOCATIONS AT ISSUE during or prior to the RELEVANT TIME PERIOD. 7. All information PERTAINING TO the brand name or supplier of ASBESTOS and ACP which YOU sold or distributed. 8. All information PERTAINING TO PERSONS involved in the sales and/or distribution of any and all of ASBESTOS-CONTAINING PRODUCTS which YOU sold or distributed to the LOCATIONS AT ISSUE during the RELEVANT TIME PERIOD. 9. YOUR knowledge of the hazards of asbestos, and specifically when YOU knew that asbestos might cause asbestosis, lung cancer and/or mesothelioma and how YOU learned of same. 10. Any precautions and procedures undertaken by YOU with respect to the hazards of asbestos. 11. The identity of any witnesses employed and/or related to YOU most competent to testify to YOUR (a) current financial condition; (b) net profits; (c) ability to pay a punitive damages award in this matter and/or (d) gross sales and the net profits derived from the sales of asbestos-containing products between 1940 and the present. 12. Knowledge about the level and content of the asbestos dust generated during the ordinary and foreseeable use and fabrication of ACPs sold or distributed by YOU. 13. Precautions and procedures undertaken by YOU or YOUR employees with respect to the hazards of asbestos, between 1940 and 1989. 14. Wamings/precautionary statements concerning asbestos accompanying ACPs sold or distributed by YOU, including the content of any such waming/precautionary statements, the reasons for the warning/precautionary statements, the dates such wamings/statements were used and/or revised, the manner in which they accompanied the products into the stream of commerce (e.g. via package insert, label on the product itself, etc.). 15. Any other manner in which YOU contend YOU warned potential users of the potential hazards of asbestos. 16. When and how YOU actually became aware that warnings/precautionary statements were to be placed on asbestos containing products. 17. All information pertaining to asbestos-related claims made against YOU, or YOUR workers' compensation insurance carrier, including the date(s) filed, the alleged injuries, whether or not YOU paid the claim. 18. When and why YOU stopped selling, marketing and/or distributing products which used or contained ASBESTOS. 19. Medical consultations/advice sought and/or received by YOU pertaining to health hazards of ASBESTOS prior to or during the time that YOU were selling, marketing and/or distributing ACPs. 20. The identity of publications/articles/brochures/pamphlets of which YOU were aware that dealt with asbestos-related disease, including any such information received by your client from any trade organization, and when it became aware of that information. 21. The content of YOUR promotional materials (e.g. advertisements, catalogs, brochures, etc.) pertaining to ACPs sold or distributed. 22. Any asbestos related OSHA violations by YOU or asbestos related violations by YOU of federal or state governmental statutes, ordinances or regulations between 1972 and the present. 23. YOUR membership in and/or affiliation with, including years of same, any of the following: American Textile Institute (ATI), Asbestos Information Association (AIA), Industrial Health Foundation or Industrial Hygiene Foundation (IHF), National Insulation Manufacturers Assn. (NIMA), National Insulation Contractors Assn. (NICA), National Safety Council (NSC), American Ceramics Society (ACS), National Building Materials Distributors Assn. (NIA), Sprayed Mineral Fiber Manufacturers Assn. (SMFMA), Thermal Insulation Manufacturers Assn. (TIMA), Quebec Asbestos Mining Assn. (QAMA), American Society of Mechanical Engineers (ASME), American Chemistry Council (f.k.a. Chemical Manufacturers Association, and/or Manufacturing Chemists Association), American Industrial Hygiene Association, American Society of Safety Engineers, Carpet & Rug Institute, Cultured Marble Institute, Drug Chemical and Allied Trades Association, Federation of Societies for Paint Technologies, National Paint & Coatings, National Petroleum Refiners Association, Pulp & Paper Association, Society of Plastics Engineers, Society of Plastics Industry, Technical Association of Pulp & Paper Industry, and/or any other trade organization of which you were a member. 24. YOUR corporate history. 25. Any and all documents, which relate, in any way, to health hazards or problems associated with the use ofACPs sold or distributed by YOU. 26. Knowledge regarding the ordinary and intended use of ACPs sold or distributed by YOU. 27. YOUR understanding of the potential health effects and risks associated with asbestos as demonstrated by the development and publication of federal Occupational Safety and Health Administration (OSHA) guidelines. 28. All information regarding your compliance with all applicable requirements, specifications and/or guidelines provided by OSHA and/or other federal or state governmental authorities overseeing workplace health and safety. 29. All information pertaining to PERSONS with responsibility for YOUR compliance with all applicable requirements, specifications and/or guidelines provided by OSHA and/or other federal or governmental authorities overseeing workplace health and safety. 30. All information pertaining to any patents held by YOU, acquired by YOU, or for which YOU applied, concerning YOUR ASBESTOS-CONTAINING PRODUCTS. 31. All information pertaining to studies, industrial hygiene surveys, or other testing, conducted by YOU, on YOUR behalf, or by anyone else, concerning YOUR ASBESTOSCONTAINING PRODUCTS. 32. All information pertaining to studies, industrial hygiene surveys or other testing, conducted by YOU, on YOUR behalf, or by anyone else, concerning the effects of inhalation of ASBESTOS, including but not limited to ASBESTOS emanating from YOUR ASBESTOSCONTAINING PRODUCTS. At the specified date and time above, the denonentfsl is/are requested to produce and bring with him all items listed on the attached Exhibit A. SIMMONS BROWDER GIANARIS ANGELIDES & BARNERD LLC Bv: /s/Nicholas J. Angelides Nicholas J. Angelides #48658 Melissa C. Schopfer # 58180 One Court Street Alton, IL 62002 (618) 259-2222-Phone (618) 259-2251-Facsimile Attorneys for Plaintiffs EXHIBIT A DOCUMENTS TO BE PRODUCED AT DEPOSITION It is hereby requested that Defendant produce the following to the extent applicable: 1. All DOCUMENTS PERTAINING TO YOUR DOCUMENT retention policy. 2. All DOCUMENTS PERTAINING TO YOUR corporate formation, acquisitions, mergers and relationships with subsidiary entities as well as the sale of the product line at issue to BTL. 3. All DOCUMENTS PERTAINING TO sales catalogs, brochures, specification sheets, photos, films, photocopies which depict any ASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 4. All DOCUMENTS PERTAINING TO model number, model name or symbol of any ofASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU; 5. All DOCUMENTS PERTAINING TO the packaging, name or logo associated with any ofASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 6. All DOCUMENTS PERTAINING TO the sales and/or distribution of any and all ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS which YOU sold or distributed to the LOCATIONS AT ISSUE during or prior to the RELEVANT TIME PERIOD. 7. All DOCUMENTS PERTAINING TO the brand name or supplier of ASBESTOS and ACP which YOU sold or distributed. 8. All DOCUMENTS PERTAINING TO PERSONS involved in the sales and/or distribution of any and ail of ASBESTOS-CONTAINING PRODUCTS which YOU sold or distributed to the LOCATIONS AT ISSUE during the RELEVANT TIME PERIOD. 9. All DOCUMENTS PERTAINING TO YOUR knowledge of the hazards of asbestos, and specifically when YOU knew that asbestos could cause asbestosis, lung cancer and/or mesothelioma and how YOU learned of same. 10. All DOCUMENTS PERTAINING TO any precautions and procedures undertaken by YOU with respect to the hazards of asbestos. 11. DOCUMENTS PERTAINING TO the identity of any witnesses employed and/or related to YOU most competent to testify to YOUR (a) current financial condition; (b) net profits; (c) ability to pay a punitive damages award in this matter and/or (d) gross sales and the net profits derived from the sales of asbestos-containing products between 1940 and the present. 12. DOCUMENTS PERTAINING TO YOUR knowledge about the level and content of the asbestos dust generated during the ordinary and foreseeable use of ACPs sold or distributed by YOU. 13. DOCUMENTS PERTAINING TO precautions and procedures undertaken by YOU or YOUR employees with respect to the hazards of asbestos, between 1940 and 1989. 14. DOCUMENTS PERTAINING TO wamings/precautionary statements concerning asbestos accompanying ACPs sold or distributed by YOU, including the content of any such warning/precautionary statements, the reasons for the waming/precautionary statements, the dates such warnings/statements were used and/or revised, the manner in which they accompanied the products into the stream of commerce (e.g. via package insert, label on the product itself, etc.). 15. DOCUMENTS PERTAINING TO any other manner in which YOU contend YOU warned potential users of the potential hazards of asbestos. 16. DOCUMENTS PERTAINING TO when and how YOU actually became aware that warnings/precautionary statements were to be placed on asbestos containing products. 17. DOCUMENTS PERTAINING TO all information pertaining to asbestos-related claims made against YOU, or YOUR workers' compensation insurance carrier, including the date(s) filed, the alleged injuries, whether or not YOU paid the claim. 18. DOCUMENTS PERTAINING TO when and why YOU stopped selling, marketing and/or distributing products which used or contained ASBESTOS. 19. DOCUMENTS PERTAINING TO medical consultations/advice sought and/or received by YOU pertaining to health hazards of ASBESTOS prior to or during the time that YOU were selling, marketing and/or distributing ACPs. 20. DOCUMENTS PERTAINING TO the identity of publications/articles /brochures/ pamphlets of which YOU were aware that dealt with asbestos-related disease, including any such information received by your client from any trade organization, and when it became aware of that information. 21. DOCUMENTS PERTAINING TO the content of YOUR promotional materials (e.g. advertisements, catalogs, brochures, etc.) pertaining to ACPs sold or distributed. 22. DOCUMENTS PERTAINING TO any asbestos related OSHA violations by YOU or asbestos related violations by YOU of federal or state governmental statutes, ordinances or regulations between 1972 and the present. 23. DOCUMENTS PERTAINING TO YOUR membership in and/or affiliation with, including years of same, any of the following: American Textile Institute (ATI), Asbestos Information Association (AIA), Industrial Health Foundation or Industrial Hygiene Foundation (IHF), National Insulation Manufacturers Assn. (NIMA), National Insulation Contractors Assn. (NICA), National Safety Council (NSC), American Ceramics Society (ACS), National Building Materials Distributors Assn. (NIA), Sprayed Mineral Fiber Manufacturers Assn. (SMFMA), Thermal Insulation Manufacturers Assn. (TIMA), Quebec Asbestos Mining Assn. (QAMA), American Society of Mechanical Engineers (ASME), American Chemistry Council (f.k.a. Chemical Manufacturers Association, and/or Manufacturing Chemists Association), American Industrial Flygiene Association, American Society of Safety Engineers, Carpet & Rug Institute, Cultured Marble Institute, Drug Chemical and Allied Trades Association, Federation of Societies for Paint Technologies, National Paint & Coatings, National Petroleum Refiners Association, Pulp & Paper Association, Society of Plastics Engineers, Society of Plastics Industry, Technical Association of Pulp & Paper Industry, and/or any other trade organization of which you were a member. 24. DOCUMENTS PERTAINING TO YOUR corporate history. ` 25. Any and all DOCUMENTS, which relate, in any way, to health hazards or problems associated with the use of ACPs sold or distributed by YOU. 26. DOCUMENTS PERTAINING TO knowledge regarding the ordinary and intended use of ACPs sold or distributed by YOU. 27. DOCUMENTS PERTAINING TO YOUR understanding of the potential health effects and risks associated with asbestos as demonstrated by the development and publication of federal Occupational Safety and Health Administration (OSHA) guidelines. 28. DOCUMENTS PERTAINING TO your compliance with all applicable requirements, specifications and/or guidelines provided by OSHA and/or other federal or state governmental authorities overseeing workplace health and safety. 29. DOCUMENTS PERTAINING TO PERSONS with responsibility for YOUR compliance with all applicable requirements, specifications and/or guidelines provided by OSHA and/or other federal or governmental authorities overseeing workplace health and safety. 30. DOCUMENTS PERTAINING TO any patents held by YOU, acquired by YOU, or for which YOU applied, concerning YOUR ASBESTOS-CONTAINING PRODUCTS. 31. DOCUMENTS PERTAINING TO studies, industrial hygiene surveys, or other testing, conducted by YOU, on YOUR behalf, or by anyone else, concerning YOUR ASBESTOS-CONTAINING PRODUCTS. 32. DOCUMENTS PERTAINING TO studies, industrial hygiene surveys or other testing, conducted by YOU, on YOUR behalf, or by anyone else, concerning the effects of inhalation of ASBESTOS, including but not limited to ASBESTOS emanating from YOUR ASBESTOS-CONTAINING PRODUCTS.