Document rQVZz887GEa3GM61GOe55VOe

/ v IJCpiCTQN J. DONOVAN JOHN H. MAOOEN. JR. | EDWARD J. BARRY GORDON H. WENTWORTH JAMES H. TOUATELOTTE CHARLES K. BERGIN. JR VICTOR ROSENBERG RONALD C. KIDD JEFFREY W. ROBERTS JEFFREY L. MeCORMlCK james m. RAeerrr JAMES F. MARTIN ROBERT P. CUNNINGHAM JOHN C. SIKORSKI NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY. P.C. ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15609 SPRINGFIELD. MASSACHUSETTS 01115 (413) 732*2301 FAX No. (413) 765-4658 if' / PAUL 6 WEINBERG HENRY C. CROPSEY FREDERICA H. MCCARTHY JAMES O'S. MORTON NEVA |. KAUFMAN DOUGLAS F, BOYO KEITH A. MINOFF JAMES K. BODURTHA KIMBERLY DAVIS CREAR ANNE SWIATEK MICHAEL T. KOGUT JOHN W. LAKE JONATHAN P. RICE EDMUND J GORMAN MATTHEW J. KING Terry L. Nelson Monsanto Chemical Company Indian Orchard Plant 730 Worcester Street Springfield, MA 01151 January 15, 1991 vil HOMANS ROBINSON 1894-1973 LAWRENCE M SINCLAIR 1942-1966 be Re Dear Terry: Thank you for your letter of January 4. I am sorry to hear that you are unable to uncover any more of the materials I had requested. To ensure that we have covered all of the bases, W_haita scheduled the depositions of several of the key individuals employed by Monsanto, both active and retired, who were involved in the"purcnasing and handling of vinyl chloride monomer at the IndiaiT~Orchard ^plant. I realize thalTlThTs will cause at least some inconvenience to all concerned, but it is nevertheless something that we must do. We look forward to your continued cooperation in this matter. If you come across any additional information regarding the materials we have been discussing, please let me know. Very truly yours JHT/cjr/1542p Tourtelotte RSV0023689 Y DEPOSITION SUBPOENA & ^States jltstrict Court BARREN, ADMINISTRATRIX OF THE ESTATE OF JOHN H. WARREN, DECEASED v. THE DOW CHEMICAL COMPANY, et. al. OISTRICT ______ Massachusetts OOCKET NO, 89-30201-F TYPE OF CASE B CIVIL CRIMINAL SUBPOENA FOR B PERSON 0 DOCUMENT(S) or OBJECT(S) TO: Keeper of the Records Monsanto Chemical Company 730 Worcester Street Tndian Orchard MA 011 SI YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to testify at the taking of a deposition in the above-entitled case. PCRCE QATE AND TIME Robinson Donovan Madden & Barry, P.C. 1500 Main Street, Suite 1400 February 26, 1990 at Springfield, MA 01115 at 3:00pm YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s):1 PLEASE SEE ATTACHED EXHIBIT "A" Please see additional information on reverse Any subpoenaed organization not a party to this suit is hereby admonished pursuant to Rule 30 (b) (6), Federal Rules of Civil Procedure, to file a designation with the court specifying one or more officers, directors, or managing agents, or other persons who consent to testify on its behalf, and shall set forth, for each person designated, the matters on which he will testify or produce documents or things. The persons so designated shall testify as to matters known or reasonably available to the organization. U.S. MAGISTRATE (2) OR CLERK OF COURT DATE aOBERT J. SMITE JR j (BY) DEPUTY CLERK i ^This subpoena is is(d id upon application of the: GQ Plaintiff Defendant U.S. Attorney ATTORNEY'S NAME AND AOORESS Keith A. Minoff, Esq. Robinson Donovan Madden & Barry, P.C. 1500 Main Street, Suite 1400 Springfield, MA 01115 (413) 732-2301 (1) it not iddiicabia, entar "none." (2) A hieooant mail 0* issued ey a magistrate in a proceeding before nlm. But need not be under tne teal of tn* court. (Rule 17(al. Federal Rules ef Criminal Proctduri.) - ' RSV0023690 ' ,, ` / EXHIBIT A 1. Any and all documents in your possession, custody or control referring to, relating to, or evidencing any vinyl chloride monomer and other vinyl chloride delivered, shipped, supplied, sold or furnished to Monsanto's Indian Orchard plant in Springfield, MA from 1947 through 1974, including but not limited to contracts, purchase orders, invoices, receipts, bills of lading, material safety data sheets, logs, railroad documents, laboratory logs, data books, material and identification tags, tank card documents, correspondence, memoranda, etc. 2. Any and all documents setting forth or referring to Monsanto's policies and procedures for the retention and destruction of any of the documents requested in Item No. 1 from 1974 to the present. 1547p RSV0023691 ^jxtxruncE. ^ozma[[ij 122 Newton Road Springfield, MA 01118 February 14, 1991 Attorney William Farrington Monsanto Chemical Company Indian Orchard Plant 730 Worcester Street Springfield, MA 01151 Dear Bill: Attached is a letter dated February 7^1991, from Attorney James H. Tourtelotte of Robinson, Donovan, Madden & Barry, P.C., about ,,VCM shipments to Monsanto. Attorney Tourtelotte attached notes of a phone conversation we had September 25, 1990, on the same subject. When he called, I told him I would not answer any questions until I first talked to Monsanto representatives. Attorney Tourtelotte mentioned Terry Nelson as his contact. I subsequently talked to Terry Nelson, who in turn gave me the name of an attorney in Boston, who had evidently represented Monsanto in the John H. Warren case. I have received a Deposition Subpoena this week, copy attached, indicating I must be in their office on February 25, 1991, at 10 am. I would like to know if Monsanto will have an attorney present when I am being cross-examined by attorneys representing Goodrich and others. Cordially yours, cc: Terrv Nelson G0RMALLY <ly RSV0023692 MELICK & PORTER Counsellors at Law Jeffrey C. Mclick Ceorge E. Wakeman, Jr Robert P. Powers Mary W Mahoney Bernard W Fabricant John F Rooney, III Robert T Treat Joseph P, Musacchio Frank W, Beckstetn, III William L. Keville Katherine J. Pohlman Marsha W. Blitzer Carolyn G. Sullivan 730 Worcester Street Springf 01151 Re: (^JOHN WfiRREN^s. MONSANTO COMPANY Dear Terry: I have received and reviewed the materials accompanying your May 25th letter. X have no objection to DeForge's plan. I am keeping in close contact with Phil Brooks. If anything changes, I will let you know. Sincerely, RPP/lc Robert P. Powers RSV0023693 "["+1Y\ ^I Monsanto - messages * TO; WHILE OUT, YOU WERE: Telephoned visited " . LW */ T f ^ f\ 'f' V <7 Q-PC^4SEPHO/V IS HOLDING IS IN LOBBY WILL CALL AGAIN RETURNED CALL PLEASE VISIT ISO-iSl? ACCESS AREA NUMBER EXTENSION MESSAGE^ & ujTzll t rn 0 A' A n Ct'hjln --7 37 TIME _ // * T O IN-18 (Rev.11/89) SISNE0^7j-. / . '-'v/r RSV0023694 Jlavjxzncz. <. ^ozmalCy 122 Newton Road Springfield, MA 01118 February 14, 1991 Attorney William Farrington Monsanto Chemical Company Indian Orchard Plant 730 Worcester Street Springfield, MA 01151 Dear Bill: Attached is a letter dated February 7, 1991, from Attorney James H. Tourtelotte of Robinson, Donovan, Madden & Barry, P.C., about VCM shipments to Monsanto. Attorney Tourtelotte attached notes of a phone conversation we had September 25, 1990, on the same subject. When he called, I told him I would not answer any questions until I first talked to Monsanto representatives. Attorney Tourtelotte mentioned Terry Nelson as his contact. I subsequently talked to Terry Nelson, who in turn gave me the name of an attorney in Boston, who had evidently represented Monsanto in the John H. Warren case. I have received a Deposition Subpoena this week, copy attached, indicating I must be in their office on February 25, 1991, at 10 am. I would like to know if Monsanto will have an attorney present when I am being cross-examined by attorneys representing Goodrich and others. 7Cordially yours, cc: Terry Nelson G0RMALLY jjllullq J jil FEB 151991 lil PATENT DEPARTMENT RSV0023695 FMILTON J. DONOVAN JOHN H. MADDEN, JR. EDWARD J. BARRY GORDON H. WENTWORTH JAMES M. TOURTELOTTE CHARLES K. BERGIN, JR. VICTOR ROSENBERG RONALD C. KIDD 1 JEFFREY W. ROBERTS JEFFREY L. McCORMICK JAMES M. RABBfTT JAMES F. MARTIN 2 ROBERT P. CUNNINGHAM JOHN C, SIKORSKI NANCY FRANKEL PELLETIER ROBINSON DONOVAN MADDEN & BARRY. P.C ATTORNEYS AT LAW 1500 MAIN STREET - SUITE 1400 POST OFFICE BOX 15609 SPRINGFIELD. MASSACHUSETTS 01115 (413) 732-2301 FAX No. (413) 785-4658 February 7, 1991 PAUL S. WEINBERG HENRY C. CROPSEY preoerica h. McCarthy JAMES O'S. MORTON NEVA I. KAUPMAN DOUGLAS F, BOYO KEITH A. MINOFF JAMES K. BOOURTHA KIMBERLY DAVIS CREAfl ANNE SWIATEK MICHAEL T. KOGUT JOHN W LAKE JONATHAN P. RICE EDMUND J. GORMAN MATTHEW J. KING PATRICIA M. RAPINCHUK HOMANS ROBINSON 1894-1973 LAWRENCE M SINCLAIR 1842-1935 Mr. Lawrence S. Gormally 122 Newton Road Springfield, MA 01118 _ Dear Larry.; You will be receiving (if you have not already done so) a notice and subpoena to a deposition here in our office in which we will be taking your testimony as to what you remember about VCM shipments to Monsanto. I realize that you were tangential to that process, but the things you have to say do have some value to the case and we want to make sure they are preserved. You will be subject to cross-examination by a lawyer representing Goodrich and one representing Dow, Conaco and Union Carbide. I am enclosing herewith the notes of our conversation of 9/25/90. Very truly yours JHT/sw 1858q Enc. James H. Tourtelotte RSV0023696 RE: John Warren September 24, 1990 Conversation With Larry Gormally Larry was a purchasing agent for Monsanto for many years. He, however, had no personal involvement in negotiating VCM contracts or swaps. He said, however, there would be a contracts for all swaps and all outright purchases of VCM. The contract would have been negotiated at the corporate purchasing office in St. Louis and he believes an R.H. Burnett, who still works for Monsanto and may still \ be in St. Louis, would have been the person responsible. He said as a result of the records retention program as far as he knows there are no records of these purchases in Monsanto. Contracts were retained for five years and other materials for three, and the Monsanto plant was pretty careful about adhering to the retention program and did dispose of material timely. There was a process for receiving and monitoring receipt of materials. That process was administered by the Transportation and Material Department which would receive the weight of the cars and the cars themselves irom Conrail. The cars would come from their point of origin to the West Springfield freight yard and at that time, be switched into Monsanto, that is, placed on the appropriate rail line to come to the siding at the Monsanto plant. Railroad personnel would have shipping documents for each car, manifests or RSV0023697 2- - bills of lading or delivery receipts. Larry believes that New York Central was the railroad that handled the traffic and later Conrail. He thinks that the railroad retained its records for much longer than Monsanto and might still have them. The Receiving Department would then remove the material from the cars and put it into storage tanks. It was his understanding that each tank car actually was sampled for the quality of its contents. He believes Dow, Goodriclu--'Gulf, Onion Carbide and Conoco all delivered VCM. However, he didn't have much personal involvement with the process and in June of 1969 went over to work at the Bircham Bend plant. Consequently, he knows nothing about the Dow contract. Joseph Tierney worked in Transportation and Material for thirty years. He lives in St. Paul's Parish where he teaches CCD and is involved in the silver haired legislative process. Dick Buecker lives in Longmeadow and at one time was Joe Tierney's superior, as was Al Laakso. The control lab was the lab responsible for testing the samples and Larry does not know all the persons who were in charge of that lab, but he said there were supervisors named Blickens, Laakso, who has already been mentioned, and a man named Hamilton. Larry under stands there was a good amount of "Foreign VCM" and swap arrange ments were common. DEPOSITION SUBPOENA States Ststrict Court I oisthict Massachusetts ALICETC. "T7ARREN, ADMINISTRATRIX OF TOE I DOCKET NO. 89-3020I-F ESTATE OF JOHN H. WARREN, DECEASED v TY*E Of CASE 0 CIVIL CRIMINAL TOE DOW CHEMICAL COMPANY, et al 1 SUBPOENA fO PJ PERSON E DOCUMENT(S) or OBJECTISi TO- Larry'Gormally 122 Newton Rd. Springfield, MA YOU ARE HEREBY COMMANDED to appear at the place, date, and time specified below to RUACE Robinson Donovan Madden & Barry, P.C. 1500 Main St., Suite 1400 Springfield, MA 01115 DATE AND TIME February 25, 1991 at 10:00am. YOU ARE ALSO COMMANDED to bring with you the following document(s) or object(s): PLEASE SEE ATTACHED EXHIBIT "A". ATTEST, C Please see additional information on reverse j Any subpoenaed organization not a parry to this suit is hereby admonished pursuant to Rule 30 (bi (6). Federal Rules of Civil Procedure, to file $ designation with the court specifying one or more officers, directors, or managing agenu. or othe- persons wno consent to toeftly rptrip7Bh*Jf and shall set forth, for each person designated, the matters on which he will testify or produce documenji|/oi^fhgr,^|3se persdnjvso designated shall testify as to matters known or reasonably available to the organization. U.S. MASl (,2) OB CuERK-pr CC^SlBT :`yco\ X SMITH, Jfc.\ %\ OATe (BY) CltPrUtTU't CrjLR> op;:;- ' _ 'm This subpoenaJs*fedj^port'application of the: !H Plaintiff Defendant U.S. Attorney ATTORNEY'S NAME AND AOORESS Keith A. Minoff, Esq. Robinson Donovan Madden & Barry, P.C. 1500 Main St., Suite 1400 Springfield, MA 01115 (413)732-2301 (1) If not ntr "none.** (D a tuocotna mail b ittutd by a mjqntrata in a oroce^dln* bafor* nim, but n**d not b undar th* iai of tn* court. (8ui 17(a). Fdfai Auici of Criminal Procadur*.) RSV0023699 EXHIBIT A 1. Any and all documents in your possession, custody or control referring to, relating to, or evidencing any vinyl chloride monomer and other vinyl chloride delivered, shipped, supplied, sold or furnished to Monsanto's Indian Orchard plant in Springfield, MA from 1947 through 1974, including but not limited to contracts, purchase orders, invoices, receipts, bills of lading, material safety data sheets, logs, railroad documents, laboratory logs, data books, material and identification tags, tank card documents, correspondence, memoranda, etc. 2. Any and all documents setting forth or referring to Monsanto's policies and procedures for the retention and destruction of any of the documents requested in Item No. 1 from 1974 to the present. 1547p RSV0023700 V. \ C-. Attorney William Farrington Monsanto Chemical Company Indian Orchard Plant 730 Worcester Street Soringfield, MA 01151 122 czNs.wl.on. <zf^oad eSfxxinCjfLztd, 01118 RSV0023701 'Vtl&l&Wj' T^^-T <r. iki_ "4* 0sw, #. 4 4g&. RSV0023702