Document rxgxgBy0mbQYzjnK18jvM1dBV

Page 375 Page 377 1 (Whereupon, jury dismissed -- 3:25 p.m.) 1 (Whereupon, discussion off the record.) 2 THE COURT: Let's move. I am giving you 2 THE COURT: All right. Bring the jury back 3 your court time. 3 and tell them to bring all of their stuff. 4 MR. SHELLENBERGER: I didn't think this was 4 MR. McGOWAN: Your Honor, I have something 5 all going to happen like this. 5 to say on the record. 6 THE COURT: Are you telling me you don't 6 May I, please. 7 have any witnesses available for the rest of the 7 THE COURT: You sure may. 8 afternoon? 8 MR. McGOWAN: Thank you, Your Honor. I 9 MR. SHELLENBERGER: I am not going to tell 9 don't say much. 10 you that. 10 Your Honor, during the opening for W.R. 11 THE COURT: You are going to let somebody 11 Grace, counsel repeatedly stated to this jury that 12 else tell me. 12 myself, Owens-Coming, and Owens-Illinois, sued him. 13 MR. McGOWAN: I will tell you that. 13 That is totally incorrect. He repeatedly 14 THE COURT: Don't you have any depositions 14 said this. He also said that he -- Mrs. Vandergucht 15 or any videos we can play or something? 15 had no claim against him when, in fact, Your Honor, if 16 MR. SHELLENBERGER: Yes, sir. We have 16 you look at the complaint, the complaint was filed 17 depositions and things that have been designated, and 17 back in '89 naming W.R. Grace as the defendant. 18 we are waiting for Mr. Smith to get over here. 18 We have never sued them. That is outright, 19 We didn't think we would get there this 19 how can I say it nicely -- 20 fast, I just didn't. 20 THE COURT: Advocacy. 21 THE COURT: Oh ye of little faith. 21 MR. McGOWAN: I believe it is more than Page 376 1 MR. SHELLENBERGER: Your timing was much 1 that. Your Honor. Page 378 2 more astute than ours. 2 THE COURT: You are going to come back and 3 MR. McGOWAN: He is not used to the quick 3 tell whatever it really is. 4 cross-examination, Judge. 4 MR. McGOWAN: I object for that reason and 5 MS. TOSTANOSKI: Judge, I will confess. We 5 ask that the jury be instructed we did not sue them 6 weren't told anything else was going to happen today. 6 and, in fact, Mrs. Vandergucht did sue W.R. Grace. 7 So if Mr. Smith arrives, we are not going to have our 7 And I believe W.R. Grace has settled with the 8 stuff here. 8 plaintiffs. 9 We were told that all that would happen 9 So for counsel to get up there and say there 10 today was Mr. Ball. So if Mr. Smith shows up, it is 10 is no beef whatsoever is an outright, I guess, lie, 11 not going to do me a whole lot of good. 11 for lack of a better term. 12 My apologies. I thought this was it. 12 MR. DOUB: Your Honor, I think it is 13 MR. SHELLENBERGER: We have been losing, as 13 important for the jury to know who the parties are and 14 you know, rapidly. 14 the alignment of the parties and who is suing who. I 15 THE COURT: You have been doing superb jobs 15 think that is fundamental. 16 of advocacies on behalf of your respective clients. 16 THE COURT: Isn't it fundamental as well. 17 MR. SHELLENBERGER: I know. I apologize, 17 though, that they be told who they were accurately and 18 because I know how valuable the Court time is. 18 what the current status of the parties are, Mr. Doub? 19 THE COURT: You are checking into your 19 Isn't that fundamental? 20 time. 20 It wasn't accurate when you said that W.R. 21 MR. SHELLENBERGER: Yes, sir, I understand. 21 Grace was not sued by Mrs. Vandergucht. 57 (Pages 375 to 378)