Document rxYzmagQn4zeyYyV5RKZM984E

i SHEARMAN & STERLING James P. Tallon < Jerry L. Marks Dana K. Welch Saied Kashani 725 South Figueroa Street Twenty-First Floor Los Angeles, California 90017 Telephone: (213) 239-0300 6 Attorneys for Plaintiff TRANSWESTERN PIPELINE COMPANY 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA o FOR THE COUNTY OF LOS ANGELES 10 1' iX TRANSWESTERN PIPELINE i COMPANY, i Plaintiff, 14 vs . 15 MONSANTO COMPANY and DOES 1 through 200 16 inclusive, Defendants. ) CASE NO. BC 026959 ) ) NOTICE OF DEPOSITION ) OF JACK T. GARRETT ) ) ) ) ) ) ) ) ) TO DEFENDANT AND ITS COUNSEL OF RECORD: 10 PLEASE TAKE NOTICE that, pursuant to California Code of 2^ Civil Procedure Section 2025, Plaintiff Transwestern Pipeline Si Company will take the deposition of Jack T'.r Garrett on March 24 22 and 25, 1992, beginning at 10:00 a.m., at the offices of Bryan, 23 Cave, McPheeters & McRoberts, One Metropolitan Square, St. 24 Louis, Missouri 63102. <;C 25 STLCOPCB4026556 Said deposition shall be taken upon oral examination 2 before a certified shorthand reporter and will continue from day to day thereafter, excepting only Saturdays, Sundays, holidays and days upon which other witnesses affiliated with Monsanto are 5 being deposed in St. Louis, until completed. 6 The witness is requested to produce at the deposition 7 for inspection and copying those documents in his custody or 8 control described in Exhibit A, attached, pursuant to duly VQ, issued and served subpoena. 1 i DATED:February 28, 1992 iC SHEARMAN & STERLING James P. Tallon Jerry L. Marks Dana K. Welch Saied Kashani Id 16 ii 0160b 16 By: Saied kashani Attorneys for Plaintiff TRANSWESTERN PIPELINE COMPANY 21 22 24 | 25 Ii i 26 i 27 28 STLCOPCB4026557 i 1 EXHIBIT A 2 I DEFINITIONS AND INSTRUCTIONS 1. "Document" is used in the broadest possible 4 sense and refers without limitation to any written, typed, or 5 other graphic material, of any kind or nature, and any other 6 tangible thing by or on which information or data is stored 7 or can be obtained, translated (if necessary) by Monsanto 8 through detection devices into reasonably usable form, S including without limitation, any writing, drawing, film, 10 graph, chart, photograph, phono-record, mechanical, or 11 electrical sound recording or transcript thereof; any 12 retrievable data, whether in computer storage, carded, 15 punched, taped, or coded form or stored electro-statically, i | electro-magnetically, or otherwise; and any other data 15 compilation from which information can be obtained. 1 o Without limiting the generality of the foregoing, "document" specifically includes all contracts, agreements, 18 labels, invoices, bills of sale, promotional materials, 19 advertisements, forms, correspondence, letters, telegrams, 20 telephone messages, notices, notes, memoranda, reports, 21 studies, analyses, working papers, statistical statements, 22 financial statements, financial analyses, opinions, 2-3 forecasts, budgets, projections, audits, press releases, 24 brochures, pamphlets, circulars, minutes of meetings, notes 25 and summaries of investigations, statements, worksheets, 26 summaries, books, journals, ledgers, audits, maps, diagrams. 27 28 STLCOPCB4026558 I [drafts, newspapers, appointment books, desk calendars, < diaries, inter and intra office memos and communications, faxes, and telexes. A Such terms shall also include all contemporaneously or subsequently created non-identical duplicates or copies 6 and all drafts, preliminary versions or revisions of documents, whether or not completed, by whatever means made. 8 As used in this Notice, "document" also includes every "document" that is no longer identical by virtue of any 10 notation or modification of any kind. 11 'J. 2. Whenever appropriate, the singular form of a word shall be interpreted in plural, or vice versa; verb 13 tenses shall be interpreted to include past, present, and 14 future tenses; the terms "and" as well as "or" shall be 15 construed either disjunctively or conjunctively, as necessary 16 to bring within the scope of the requests in this Notice any 10 documents that might otherwise be construed to be outside I o their scope; and words imparting the masculine include the IS feminine and vice versa. 3. Any reference to a person, corporation, 21 association, partnership, company, or joint venture shall mean that person or entity, any parents, affiliates, 2o divisions, controlled companies, subsidiaries, or otherwise 24 related entitles, and all of his, her, or its current or former agents, representatives, employees, attorneys, accountants, officers, directors, auditors, and consultants, or other persons or entities acting, or purporting to act, on its behalf. STLCOPCB4026559 1 4. The documents requested herein specifically 2 include all documents in the possession, custody, or control 3 of Monsanto Company ("Monsanto") including parents, affiliates, divisions, controlled companies, subsidiaries, or 5 otherwise related entities, or any of Monsanto's current or 6 former agents, representatives, employees, attorneys, 7 accountants, auditors, directors, officers, consultants, or 8 other persons or entities acting, or purporting to act, on 9 Monsanto's behalf. 10 5. "Monsanto" or "Monsanto Company" means Monsanto 11 Company and its parents, affiliates, divisions, controlled companies, subsidiaries, or otherwise related entities, or any of Monsanto's current or former agents, representatives, 14 employees, attorneys, accountants, auditors, directors, officers, consultants, or other persons or entities acting, ie or purporting to act, on Monsanto's behalf. 17 6. "Transwestern" means Transwestern Pipeline 16 Company, the plaintiff in this action. 19 7. "Texas Eastern" means Texas Eastern 20 Transmission Corp., which was Transwestern's corporate parent 21 until 1984, and which was succeeded in 1979 by Texas Eastern f^ " 22 Corp., which is now known as Panhandle Eastern Pipeline 25 Company. 24 8. "Turbinol" means the PCB-containing gas 25 compressor lubricant sold by Monsanto under the name Monsanto 26 MCS-153 -- Turbinol 153. 27 9. "PCBs" means the chemical compound 28 polychlorinated biphenyls. -3 - STLCOPCB4026560 10. "Relevant period" means the period of time i , during any part of which Monsanto developed, designed, g tested, manufactured, promoted, advertised, distributed, or sold Turbinol or any other PCB-containing gas compressor lubricant. 11. "Communication" is used in the broadest possible sense and refers to any meeting, discussion, presentation, contact, proposal, memoranda, letter, telegram, telex, cable, telecopy, fax, telephone call, or any other communication, or notes thereof, or document relating 11 thereto, whether formal or informal, and includes the 12 transmittal, in any manner or medium, of information, facts, 13 or ideas. 12. "Relating to" means constituting, concerning, containing, evidencing, showing, or referring in any way, directly or indirectly, to the subject matter of the particular request in this Notice. 13. The use of the word "including" shall be 19 construed to mean "including without limitation." 2_ 14. All documents produced are to be produced in 21 their entirety, without redaction, and including all 'r- 22. attachments and enclosures. If, for any reason, a document 20 cannot be produced in full, please state with particularity 24 the reason or reasons it is not produced in full, and 25 describe, to the best of Monsanto's knowledge, information, 2c belief and with as much particularity as possible, those <- '' portions of the document that are not produced. When a document is only in part responsive to any request in this -4 - ; i j I j j j ; j ; ; : ; ; : ! j ! I ! j | STLCOPCB4026561 I i | Notice, it shall nevertheless be produced in its entirety. r i If documents that are produced are normally kept in a file or other folder, then that file or folder must also be produced. 15. That more than one request in this Notice may 0 ask for the same document is not to be interpreted to narrow 6 or to limit the normal interpretation placed upon each 1 individual request. 8 16. Unless otherwise indicated, the documents to be g produced are those created, or believed to have been created, 1C at any time from the first day of the relevant period, as 11 previously defined herein, up to and including the date of this Notice. 17. If any document requested to be produced herein i4 was in Monsanto's possession, custody, or control, but has 15 since been disposed of, lost, discarded, destroyed, or 16 partially destroyed or is otherwise unavailable,please provide the following: (a) The nature or type of the document, 19 including any title or identifying number thereon (e.g., 20 letter, report, memoranda); 21 (b) Its date or origin or preparation; (c) The name of its author or originator; 2o (d) The name of its addressee, if any; 24 (e) The name of all recipients of any copy of 25 such document; 26 (f) A summary of its substance; (g) The time period during which the document So was in Monsanto's possession, custody, or control; - 5- i J i ! j i ! ' ; i ! j i ; j i | ; : : : . ; I ; | 1 j STLCOPCB4026562 1 (h) The name and address of any person or r-, I entity who to the best of Monsanto's knowledge has a copy of o the document; 4 (i) The date or approximate time of the 5 disposition, loss, destruction, discarding, or when the 6 document became unavailable; and (j) The reason for disposition, loss, 8 destruction, discarding, or unavailability of the document, g and the person, if any, responsible therefor. 10 18. File folders with tabs or labels identifying 11 documents responsive to the requests in this Notice should be 12 produced intact with such documents. 13 19. Documents attached to each other shall not be 14 separated. 15 20. If responsive documents are kept together in 16 the usual course of business, they should be so produced, in 17 order fairly to reveal and not to distort the order of IS Monsanto's filing and record-keeping system. 19 21. Electronic recordsand computerized information 26 should be produced: (a) in an intelligible format; or (b) 21 together with a description of the system from which they 22 were obtained sufficient to render the records and <or> ~~ information intelligible. 24 22. Each document produced should be produced in a 25 manner that makes clear the precise request or requests in 26 this Notice (i.e., the paragraph number of the request) to 26 | which the document relates. 25 -6- ! 1 j | j j ; ; | , : ; : ! i j STLCOPCB4026563 1 23. If any of the documents requested below are 2 claimed by Monsanto to be privileged or otherwise withheld, 3 Monsanto is requested to provide for each such document, with sufficient specificity to identify that document for purposes of o a motion to compel further discovery: 6 (a) a specific statement of the ground and authority upon which Monsanto is relying in withholding 8 production; and 9 (b) a statement which sets forth; 13 (i) the identify of the document's author(s) 11 and every person who is known by Monsanto to have either helped in its preparation or received a copy of the document; (ii) The title or other identifying data; 1 y (iii) the date of the document, or, if no 15 date appears thereon, the approximate date; 16 (iv) in summary, the nature and subject 17 matter thereof; 18 (v) the identity and location of each person 19 having or last having had possession, care, custody, or control 25 of the original and each and any copies thereof; and 21 (vi) if the document was, but is no longer in 22 Monsanto's possession or control, state what disposition was 25 made of it, including, but not limited to, specification of the 24 name and address of the person(s) who disposed of the document 25 and the date, time, place, mode, or method of the disposal. 26 24. When this Notice does not specifically request a < particular document, but the document would help to make the St production complete, comprehensive, or not misleading, please -7- I ! STLCOPCB4026564 produce the document. Only non-identica1 copies of a document are to be considered separate documents. 3 25. Where there are no documents in Monsanto's 4 custody, control, or possession that are responsive to a o particular item, please so state. 6 26. This Notice shall be deemed continuing so as to require further and supplemental production if Monsanto obtains S additional documents between the time of initial production and a the time of trial. lv 11 DOCUMENT REQUESTS 12 1. All documents relating to any communications i c between Monsanto and Transwestern relating to or involving PCBs 14 in any way, directly or indirectly. 15 2. All documents relating to any communications 16 between Monsanto and Texas Eastern relating to or involving PCBs 12 in any way, directly or indirectly. 15 3. All documents relating to any communications ie between Monsanto and the Southern California Gas Company 2v_- relating to or involving PCBs in any way, directly or indirectly. r-,.1 4. All documents relating to any communications 22 between Monsanto and Pacific Lighting Gas Supply Company 23 relating to or involving PCBs in any way, directly or indirectly. r-\ - 5. All documents relating to any communications 25 between Monsanto and Pacific Lighting Gas Service Company 26 relating to or involving PCBs in any way, directly or indirectly. ft t -825 STLCOPCB4026565 1 6. All documents relating to any communications 2 between Monsanto and any governmental entity relating to PCBs or any PCB-containing product during the relevant period. 7. All documents relating to the sale of Turbinol or 5 other PCB-containing gas compressor lubricants to Transwestern 6 or Texas Eastern at any time during the relevant period, V including without limitation all contracts, invoices, and bills 8 or sale associated therewith. Q 8. All documents relating to the sale of Turbinol or 10 other PCB-containing gas compressor lubricants to persons or 1 i entities other than Transwestern or Texas Eastern at any time i*C during the relevant period. lo 9- All documents relating to the cessation of the sale of Turbinol or other PCB-containing gas compressor lubricants by Monsanto. i t* 10. All documents relating to the design, testing, and manufacture of Turbinol or other PCB-containing gas compressor i C1 lubricants. 1 ^ 11. All documents relating to the promotion, advertising, marketing, distribution, and sale of Turbinol or 21 other PCB-containing gas compressor lubricantsincluding 22 without limitation any warnings, instructions for use, 25 warranties, disclaimers, and labels or other packaging associated therewith. 25 12. All documents relating to the use(s) of Turbinol 26 or other PCB-containing gas compressor lubricants. 27 -928 STLCOPCB4026566 1T 13. All documents relating to Monsanto's decision to n notify its customers in or about 1971 and 1972 of certain 3 hazards associated with Turbinol and PCBs. 14. All documents relating to the hazards to human, D animal and/or aquatic health associated with PCBs or any 6 PCB-containing product. 15. All documents relating to scientific and medical e studies conducted by MONSANTO or others with respect to the g hazards associated with PCBs to human, animal, and/or aquatic 13 health. 11 16. All documents relating to the operation of natural 13 gas pipelines and gas compressors. 17. All documents relating to the development, design, 14 testing, manufacture, marketing, advertising, distribution and 15 sale during the relevant period of any gas compressor lubricant 16 not containing PCBs. 1 1 18. Any and all documents referring or relating to 15 lubricants used in gas compressors, whether or not such 19 lubricants contained PCBs. 19. Any and all documents produced by Monsanto in any r- 7 <.-1 other litigation where that litigation arose from allegations of 22- damage by products containing PCBs. r-.~ 20. Any and all transcripts that constitute a record 24 of testimony given under oath in any other litigation where that 25 litigation arose from allegations of damage by products pp, containing PCBs, together with any exhibits used in connection with such testimony. 25 - 10 [ STLCOPCB4026567 i 21. Any and all documents referred to or contemplated by Thomas Bistline in the following statement made in the August 3 12, 1991 Business Week. "We have disclosed what we knew when we 4 knew it." 22. Any and all documents constituted, referring or 6 relating to Monsanto's warnings to Transwestern about the f hazards of PCBs. 8 23. Any and all documents constituting, referring or 9 relating to Monsanto's warnings to Texas Eastern Corp. about the 10 hazards of PCBs. 11 24. Any and all documents referring, reflecting, 12 evidencing or relating to a meeting or meetings between i o representatives of Monsanto and NCR (and possibly others) which t St took place on or about June 1, 1970, at which, among other subjects, the biodegradability of Aroclor 1242 was or may have 16 been discussed. Responsive documents include but are not 1i ~' limited to communications between Monsanto and NCR, internal communications or memoranda, minutes, or agenda or other notes IS of the meeting(s), and any drafts of such documents. 2w 25. Any and all documents referring to, reflecting, 21 evidencing or relating to a meeting or meetings of Monsanto's 22 Corporate Management Committee which took place on or about 23 May 11, 1970 at which the PCB problem was discussed. Responsive 24 documents include but are not limited to communications between 25 the participants, internal communications or memoranda, minutes, 26 or agenda or other notes of the meeting(s), resolutions or plans r> of action adopted or considered at the meeting, and any drafts 28 of such documents. - 11 - STLCOPCB4026568 26. Any and all documents reflecting, evidencing or relating to sales of or attempts to sell any functional fluid manufactured by Monsanto for use in natural gas compressors by Monsanto to Texas Eastern or Transwestern from January 1, 1950 to December 31, 1980. Responsive documents include but are not limited to contracts, call reports, purchase orders, invoices, bills, statements, delivery receipts or other records. 27. Any and all documents relating to, constituting or evidencing any communications by or between or among Transwestern, Texas Eastern and Monsanto where the communication in any way related to potential, suspected or actual hazards of PCBs or PCB-containing products, including but not limited to any requests for information about possible PCB hazards from Texas Eastern or Transwestern to Monsanto and Monsanto's response, if any. 28. Any and all documents constituting, reflecting or relating to internal meetings, correspondence, memoranda or other communications by or between Monsanto or individuals employed by Monsanto where the communication, correspondence, meeting or memoranda in any way related to proposed or actual communications with Texas Eastern or Transwestern concerning the potential, actual or suspected hazards of PCBs or of PCB-containing products. 29. Any and all documents relating to the development of PCB-containing lubricants or other functional fluids for use in natural gas compressors. - 12 - STLCOPCB4026569 30. Any and all documents evidencing, reflecting or relating to any meeting of the Monsanto Board of Directors, or any committee thereof, at or during which the PCB problem was discussed. Responsive documents include but are not limited to Board minutes, agendas, resolutions, notes or correspondence, in draft or final form. io [ i <-W Si 22 S3 <. 13 i i STLCOPCB4026570 i 2 PROOF OF SERVICE 3 [By Mail] 4 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) 6 I, the undersigned, certify and declare that I am over the age of 18 years, employed in the County of Los Angeles, California, and am not a party to the within action; my business 8 address is 725 South Figueroa Street, 21st Floor, Los Angeles, California 90017. On February 28, 1992, I served the foregoing 9 document described as NOTICE OF DEPOSITION OF JACK T. GARRETT on the interested parties in this action as follows: 10 Charles F. Preuss 11 Donald F. Zimmer, Jr. Evelyn G. Heilbrunn ip. Bronson, Bronson & McKinnon 505 Montgomery Street i c San Francisco, California 94111-2514 (BY MAIL) By the original thereof enclosed in sealed envelope, and depositing same in the United States Mail with postage thereon fully prepaid. le I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that 1 / practice it would be deposited with U.S. Postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. 19 I declare under penalty of perjury under the laws of the State of California that the foregoing it true and correct. Executed at Los Angeles, California, this 28th day Si of February, 22 25 24 25 0989C 26 26 STLCOPCB4026571