Document rKEBqLZNjeOQpwoY8MQL1kJG

FILE NAME Talc TALC DATE 2010 DOC TALC158 DOCUMENT DESCRIPTION Legal - Deposition of Joseph Simko SUPREME COURT ALL WITHIN THE STATE OF COUNTIES NEW YORK IN RE NEW YORK CITY ASBESTOS LITIGATION This Document Applies To SHELLY BERNARD KAREN TEDRICK INDEX NOS 107211/08 190078/08 VIDEOTAPED ORAL EXAMINATION OF JOSEPH SIMKO VOLUME I TAPED TRANSCRIPT of the deposition of JOSEPH SIMKO called for Oral Examination in action said deposition the above entitled being taken pursuant to Rules governing Civil Practice in the Courts of New York by and before SERAFINA R. ZINCKGRAF CSR RPR a Certified Shorthand Report Registered Professional Reporter Notary Public at the LAW OFFICES OF LEVY PHILLIPS & KONIGSBERG L.L.P. 800 Third Avenue 11th floor York New York 10022 on December 2 2010 commencing at 10:11 a.m. Page 1 Priority Court Reporting Services Inc. 25B Vreeland Road Suite 301 Florham Park NJ 07932 718-983-1234 a3e7-4 a3e7-4514-5 946a 6b 164 f5- 3b9 614 a666b6a f53b61a6 Page 2 | 123 APPEARANCES APPEARANCES 2 IT IS HEREBY STIPULATED AND AGREED 3 by and between the attorneys for the 4 respective parties hereto that filing 800 Third KONIGSBERG i 4 PHIL IPS KONIGSBERG KONIGSBERG L.L.P | 5 New York NewYork 10022 5 sealing and certification of the within 6 Examination Before Trial be waived that all 6 AttorneysAttorneyPs AlUa DRiEYnPtEiRfLfMAN RAPHAEL ESQ 7 7 objections except as to form are reserved 8 to the time of trial 8 QUINN South URQUStrct HURQAUHRARTT SULLIVAN LLP 9 Floor 9 IT IS FURTHER STIPULATED AND AGREED10 10 that the transcript may be signed before any Los Angeles California 90017 10 BY JD HORTON ESQ Attorney for Defendant 11 Notary Public with the same force and effect 12 if signed before a Clerk or Judge of the 11 Palmolive Company 12 13 Court 13 & QUINN EMANUEL URQUHSA ULLR IVT AN , LLP 14 IT IS FURTHER STIPULATED AND AGREED 14 51 Madison Avenue 22nd Floor 15 that the within examination may be utilized 16 for all purposes as provided by the CPLR and 15 New CHRISTINECHUNGEES SQ Q AND 17 Part 221 of the Uniform Rules for the Conduct ANNEfor the Defendant 18 of Depositions AGREED 19 IT IS FURTHER STIPULATED AND Attorneys 17 Palmolive Company and Joseph Simko 18 20 that all rights provided to all parties by 19 21 the CPLR shall not be deemed waived and the 21 22 appropriate sections of the CPLR shall be 23 controlling with respect thcrcto ALSO PRESENT 22 MR JOSH DISCHINGER 24 IT IS FURTHER STIPULATED AND AGREED23 25 by and between the attorneys for the 25 Page 3 Page 4 Page 5 2 respective parties hereto that a copy of this 3 Examination shall be furnished without 4 charge to the attorney representing the 5 witness testifying herein 6 7 8 9 10 11 12 12 13 14 15 16 16 17 18 19 20 21 22 23 24 25 : 123 F4 5 | 607 607 INDEX WITNESS DIRECT CROSS REDIRECT RECROSS JOSEPH SIMKO By Ms. Raphael 7 607 9 10 11 i 12 : 13 14 i 15 i : 16 i 17 : 18 19 ; 20 21 22 23 24 1 25 EXHIBITS NUMBER Simko Simko DESCRIPTION Notice of Deposition Document Bates PAGE 10 82 CPC000039651 3966 3967 and 3961 Simko Defendant 172 Palmolive's Amended and Supplemental Responses of June 2 2010 Plaintiff's Discovery Requests Simko Document Bates No. COL 00126 252 Priority Court Reporting Services Inc. 253 Vieeland Road Suite 301 Florham Park NJ 07932 2 Pages 2 to 5 718-983-1234 6201aa8a 6201aa8a a3e7-4514-946a 6b6f53b61a6 6b6f53b61a6 Page 118 NH Simko - direct 2 than Cashmere Bouquet W MR HORTON Objection asked CA and answered CA A. I don't know 6 Q. you know if -- but you do 7 know that Colgate was manufacturing Cashmere 8 Bouquet at this time is that right 9 A. Yes oh yes 10 Q Do you know if where Cashmere 11 Bouquet was manufactured at that time 12 MR HORTON Same objection 13 A. Well 14 MR HORTON You can answer 15 I'm sorry 16 A. At that time I didn't know 17 where the manufacturing site was you know 18 at that time I subsequently learned where 19 they were There was one in Jeffersonville 20 Indiana and Jersey City New Jersey 21 Q. And did you learn that as part 22 of your work at Colgate 23 A. As part of the talc 24 investigation I get background information 25Okay I'm going back We were 1 |2 ;3 14 /5 6 :7 8 ;9 10 11 12 13 | 14 / 15 16 17 18 19 20 21 22 23 24 25 Page 120 Simko - direct test that is were done on Cashmere Bouquet A. I don't understand I don't understand what you mean Q. Did you keep any records of any tests that were done on Cashmere Bouquet for asbestos in talc MR HORTON Object to form You mean in the file MS RAPHAEL huh in the file A. The file probably contained work requests from product development people and copies of that in the file There was some of them How complete I don't Q. Any result letters or result -A. Well there would be -- MR HORTON Let her finish Q. in that file Sorry A. Well copies of the service work request forms coming from people like Schebese or Schubert When it's reported back to them we always kept a file in the Analytical department to begin with and I Page 119 Page 121 1 Simko- direct 2 talking about letters or classes of letters 3 that might be in your file We talked about 4 McCrone Any other classes of letters that 5 you might remember 6789 A. No no 6789 MR HORTON Make sure -- let 6789 her finish 6789 A. No. 10 Q. Anything to or from the CTFA 11 A. There had to be some over the 12 years but at that time no 13 Q. Any letters to or from the FDA 14 A. I don't recall any from the FDA 15 Q. Then you said there were reports 16 of work done by our crew to support the 17 product development people Do you remember 18 any reports that might have been in your 19 asbestos and talc file 20 A. No. 21 Q. Do you remember that there were 22 reports 23 A. I don't really remember that 24 no no 25 Q. Did you keep any records of any 7 :2 3 ; :4 ; 5 6 ' 7 :8 9 10 11 12 13 14 15 16 17 / 18 : 19 20 i 21 22 23 24 25 Simko - direct probably had some of those in the file but you know it wasn't something that I was really looking out to do no Q. And how long did you keep that file A. Until the day I retired When I retired Q. What did you do with it when you retired A. Q. file Discarded it destroyed it Did anybody ask you to keep that A. No nobody asked me to keep the file no Q. Had you ever given copies of what was in that file to anybody at Colgate A. Well if it had any correspondence in it then it would have been copies that I kept correspondence that sent out So would have to say yes Yes to that For example McCrone reports they were addressed to me They weren't CC'd anybody Did I make copies of them Obviously I reported it to appropriate 31 Pages 118 to 121 Priority Court Reporting Services Inc. 25B Vreeland Road Suite 301 Florham Park NJ 07932 718-983-1234 6201aa8a a3e7-4514-946a a3e7-4514-946a 6b6f53b61a 6b6f56 3b61a6 Page 226 Page 228 123 Simko - direct 123 A. Yeah 3 Q. Was there ever any literature 4 about asbestos 5 MR HORTON Object to form 6 A I don't recall 7 Q. Or asbestos in talc 8 A. can't say there weren't but I 9 don't recall 10 Q. After your meeting with 123 1 123 3 4 5 ;6 /7 |8 . 9 10 Simko - direct Q. in relation to asbestos in talc if they were part of the procedures you were talking about A. They had to be part of the procedures DidI know any specific items No. Q. Did you ever speak with any body else outside of Colgate about asbestos in talc 11 Johnson & Johnson did you review any 12 literature medical articles or anything 13 about asbestos in talc 14 A. Gee I don't remember that I 15 can't remember what I did after that I 16 just can't 17 MS RAPHAEL There's five 11 12 13 14 15 16 17 MR HORTON Object to form Q. Other than who we spoke about already today MR HORTON Object to form overboard A. recall can't recall any I can't 18 minutes left so let's just take a 19 break 20 Recess occurred 21 Q Do you know when Richard Turse 22 started doing XRD in your department 23 A. In the late 70s 24 Q. And did someone take over for 18 19 20 i 21 22 23 24 Q. Any other government agencies A. No no Q. Did you ever -- Did Colgate ever share test -- Colgate's testing of talc with the CTFA MR HORTON foundation Object to form 25 him doinXRgD ever 25 Page 227 A. I don't recall that we did a Page 229 1 Simko - direct 2 MR HORTON Objection lacks 3 foundation 4 A. No Briscese came back and did 5 some but no one else 6 Q. That was it 7 A. Yes 8 Q. Until you left 9 A. That's correct 10 Q. And did there come a time when 11 Susan Williams started doing microscopy 12 MR HORTON Objection 13 foundation 14 A. Yes 15 Q. 16 talc And did she do microscopy on 17 A. I don't know what she did in 18 microscopy 19 Q. But the microscopy on talc was 20 part of the procedures that you were talking 21 about right 22 A. Yes 23 Q. So do you know anything about 24 what the microscopy lab did -- 25 MR HORTON Object to form 12345 12345 12345 , 12345 12345 6 7 8 9 10 11 12 13 14 15 16 : 17 18 19 : 20 21 22 23 24 25 Simko - direct Q. Did Colgate ever share Colgate's testing of with the ? MR HORTON Same objection A. knowledge Q. Was the Analytical department divided into sections A. Yes it was Q. What were the sections in the Analytical department A. There was one devoted to competitive product analysis There was a wet chemistry section There was a separation section which is where chromatography was There was an instrumental section where I was Q. That's where you worked A. Yes Q. You were the section head of instrumental A. Mainly instrumental yes Q. Were you ever in any of the other sections A. No. Q. Was the Analytical department Priority Court Reporting Services Inc. 25B Vieeland Road Suite 301 Flornam Park NJ 07932 58 Pages 226 to 229 718-983-1234 a3e7-4 a3e7-45145 -946a 61 b6 4f- 53 9b4 61 6aa 6 Page 302 EN Simko - direct 2 A. Yes 3 MS RAPHAEL I think I'm out of 5 time kind of hear a bell MR HORTON It was a good time 10 rather than starting something new MS RAPHAEL Thank you very & much WO Deposition concluded at 4:54 10 10 pm 11 1212 13 14 15 14 16 16 JOSEPH SIMKO 17 1918 Subscribed and sworn to before me on this day of , 2011 NOTARY PUBLIC Page 303 22 t FA 3 CERTIFICATE I SERAFINA R. ZINCKGRAF a 4 Certified Shorthand Reporter Registered Professional Reporter and Notary Public of the State of New Jersey do hereby certify 6 that prior to the commencement of the examination the witness was duly sworn by me 10 to testify the truth the whole truth and 10 nothing but the truth 1211 I DO FURTHER CERTIFY that the 12 foregoing is a true and accurate transcript 13 of the testimony as taken stenographically by and before me at the time place and on the date hereinbefore set forth to the best of my ability I DO FURTHER CERTIFY that I am neither a relative nor employee nor attorney nor counsel of any of the parties to the action and that I am neither a relative nor employee of such attorney or counsel and that I am not financially interested in the action SERAFINA R. ZINCKGRAF CSR RPR License No. XI01637 _ een iL Priority Court Reporting Services Inc. Vreeland Road Suite 301 Flornam Park NJ 07932 77 Pages 302 to 303 718-983-1234 6201aa8a a3e7-4514-94a3e67-4514-a946a 6b6f53b61a 6b6f56 3b61a6 ESE ERVICE \ 58768658 Mar 24 2016 01 57PM \ hy EXHIBIT 12