Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
EXHIBIT 29
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Page 1
SUPREME COURT: ALL COUNTIES
WITHIN THE STATE OF NEW YORK
IN RE: NEW YORK STATE
ASBESTOS LITIGATION
VIDEOTAPED
DEPOSITION
UNDER ORAL
EXAMINATION
OF
MARIE CAPDEVIELLE
This Document Applies To:
SHELLEY BERNARD
KAREN TEDRICK
PRIORITY-ONE COURT REPORTING SERVICES, INC.
25B Vreeland Road
Florham Park, New Jersey 07932
(718) 983-1234
Priority-One Court Reporting Services, Inc. 718-983-1234
25B VI d Road, SuiL 1, Fl h -_1k, NJ :793
f989b04e-16cc-4e2b-961a-db8deb60016e
CPC-NYCALTRSCPT00000747
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Page Page 4
1 Transcript of the videotaped deposition of the 1 INDEX
2 WITNESS NAME PACE NO.
2 witness, called for Oral Examination in the 3
MARIE CAPDEVIELLE
3 above-captioned matter, said deposition being taken 4
4 pursuant to Federal Rules of Civil Procedure by and 5 Direct Examination by Ms. Raphael 9
6
5 before EVAMARIE WALSH, a Notary Public and Shorthand 7 EXHIBITS
6 Reporter, at the Office of MCGIVNEY & KLUGER, P.C., EXHIBIT NO. PAGE NO.
7 80 Broad Street, New York, New York 10004, on P-1 Defendant Colgate-Palmolive's 7
8 Tuesday, November 10, 2009, commencing at 10 responses to Plaintiffs' first
standard set of liability
9 approximately 9:54 in the forenoon. 11 interrogatories and request
10 for production of documents
12 Bates stamped COL 00001 thru
11 COL 00344
13
12 P-2 Defendant Colgate-Palmolive's 7
14 objections and responses to
13 discovery requests and
14 15 recommendation of the Special
Master discussed on the record
15 16 8/20/09 Bates stamped COL 00345
16 thru COL 00701
17
17 P-3 Defendant Colgate-Palmolive's 7
18 objections and responses to
18 discovery requests and
19 recommendation of thc Special
19 Master discussed on the record
20 20 10/2/09 Bates stamped COL 00702
thru COL 01566
21 21
P-4 Handwritten laboratory notebook 7
22 22 pages produced on 10/29/09 Bates
23 stamped COL 01567 thru COL 01578
23
24 P-5 Notice of deposition for corporate 8
24 representative of Colgate-Palmolive
25 25
Page Page 5
1 APPEARANCES: 1 EXHIBITS (CONT'D)
2 LEVY, PHILLIPS & KONIGSBERG, LLP 2 EXHIBIT NO. PAGE NO.
800 Third Avenue, 13th Floor 3 P-6 Memorandum dated 2/17/93 with 131
3 New York, New York 10022 attachments
BY: AUDREY P. RAPHAEL, ESQ.
4 Attorneys for the Plaintiffs
5 DAY PITNEY, LLP P-7 Nine pages of formula sheets 184
200 Campus Drive 5
Florham Park, New Jersey 07932 P-8 Eight pages of photographs 245
BY: BENJAMIN E. HAGLUND, ESQ.
7 Attorneys for the Defendant, REQUESTS
Citi-Group Global Market
8 PAGE NO.
THE LAW OFFICE OF JOHN F. OLSEN, LLC 9
9 P.O. Box 29 14 Copy of Marie Capdevielle's resume as
247 Franklin Avenue
10 of today
10 Nutley, New Jersey 07110
BY: JOHN F. OLSEN, ESQ. 11 20 Insert attorney Dennis' last name
11 Attorneys for the Defendant, 12 47 Insert who at McCrone counsel spoke with
New Water Street Corp. Retirement 13
12 Systems of Alabama RULINGS
13 MCGIVNEY & KLUGER, P.C. 14
80 Broad Street, 23rd Floor PAGE NO./LINE NO.
14 New York, New York 10004 15
BY. DAVID KATZENSTETN, ESQ. 16/6
15 BY: JOAN GASIOR, ESQ.
10 34/9
Attorneys for the Defendant,
16 Colgate-Palmolive Company 48/14
17 COLGATE-PALMOLIVE COMPANY 17 81/17
300 Park Avenue 138/10
le New York, New York 10022 18 138/16
BY: KEVIN A. CLUNIS, ESQ. 139/5
19 Attorneys for the Defendant, 19 176/13
Colgate-Palmolive Company 190/12
20 70 233/12
ALSO PRESENT: 236/3
21
21
DEVERELL WRITE, Videographer
22 22
23 23
24
25
2 (Pages 2 to 5)
Priority -One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932
f989b04e-16cc-4e2b-961a-db8deb60016e
CPC-NYCALTRSCPT00000748
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Page Page 8
1 STIPULATIONS 1 (Notice of deposition for corporate
2 IT IS HEREBY STIPULATED AND AGREED by and amon, 2 representative of Colgate-Palmolive is marked
3 the attorneys for the respective parties herein that 3 as Plaintiffs' Exhibit 5 for identification, as
4 the sealing, filing and certification of the within 4 of this date.)
5 Examination Before Trial be waived; that all 5 MS. RAPHAEL: Audrey Raphael for
6 objections, except as to form, are reserved to the 6 Plaintiffs Shelley Lee Bernard and Karen
7 time of trial; 7 Tedrick versus the Colgate-Palmolive Company.
8 That the transcript may by signed before any 8 MR. HAGLUND: Benjamin Haglund,
9 Notary Public with the same force and effect as if 9 counsel for Citi-Group Global Markets, Inc.
10 signed before a Clerk or Judge of the Court; 10 MR. OLSEN: John Olsen, representing
11 That this Examination Before Trial may be 11 New Water Street Corporation in the Retirement
12 utilized for all purposes as provided by the CPLR; 12 Systems of Alabama in the Bernard action.
13 That all rights provided to all parties by the 13 MR. KATZENSTEIN: David Katzenstein,
14 CPLR shall not be deemed waived and the appropriate 14 McGivney & Kluger, for Colgate.
15 sections of the CPLR shall be controlling with 15 MS. GASIOR: Joan Gasior, McGivney &
16 respect thereto. 16 Kluger, Defendant Colgate.
17 17 MS. RAPHAEL: You need to sign in and
18 18 state your name for the record.
19 19 MR. CLUNIS: Kevin Clunis, corporate
20 20 counsel litigation US, Colgate-Palmolive.
21 21 MS. RAPHAEL: Could you sign in,
22 22 please?
23 23 MS. GASIOR: We'll just have everyone
24 24 sign in.
25 25 MR. KATZENSTEIN: Yes.
Page Page 9
1 (Defendant Colgate-Palmolive's 1 MS. RAPHAEL: Who is speaking for
2 responses to Plaintiffs' first standard set of 2 Colgate? We need one lawyer.
3 liability interrogatories and request for 3 MR. KATZENSTEIN: Joan.
4 production of documents Bates stamped COL 00001 4 MS. GASIOR: I am.
5 thru COL 00344 are marked as Plaintiffs' 5
6 Exhibit 1 for identification, as of this date.) 6
7 (Defendant Colgate-Palmolive's 7 MARIE CAPDEVIELLE,
8 objections and responses to discovery requests 8 909 River Road, Piscataway, New Jersey 08855,
9 and recommendation of the Special Master 9 called as a witness, having been first duly
10 discussed on the record August 20, 2009 Bates :10 sworn according to law, testifies as follows:
11 stamped COL 00345 through COL 00701 are marked 11
12 as Plaintiffs' Exhibit 2 for identification, as 12
13
14
of this date.)
(Defendant Colgate-Palmolive's
13
14 1 DIRECT EXAMINATION BY MS. RAPHAEL:
15 objections and responses to discovery requests 15 Q Good morning, Ms. Capdevielle. My
16 and recommendation of the Special Master 16 name is Audrey Perlman Raphael. I represent Shelley
17 discussed on the record October 2, 2009 Bates 17 Bernard and Karen Tedrick in actions commenced
18 stamped COL 00702 through COL 01566 are marked 18 against Colgate-Palmolive Company. I'm going to be
19 as Plaintiffs' Exhibit 3 for identification, as 19 asking you questions today. If you don't understand
20 of this date.) 20 any of my questions, will you let me know?
21 (Handwritten laboratory notebook pages 21 A Yes.
22 produced on October 29, 2009 Bates stamped COL 22 Q If you answer the questions, we'll
23 01567 through COL 01578 are marked as 23 assume that you were able to understand them.
24 Plaintiffs' Exhibit 4 for identification, as of 24 A Yes.
25 this date.) 25 Q What is your full name?
3 (Pages 6 to 9)
Priority -One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932
f989b04e-16cc-4e2b-961a-db8deb60016e
CPC-NYCALTRSCPT00000749
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Marie Capdevielle
Page 58 Page 60
1 may have used them earlier. 1 A No. In the laboratory notebooks they
2 Q But does Colgate -- do you have any 2 initiate at 19 -- I believe it's 1971.
3 other documents that would indicate that there was 3 Q Do you know if anybody else at Colgate
4 any correspondence or any relationship between 4 would have any information about when Colgate
5 McCrone and Colgate before January 28th, 1974? 5 started testing their talc internally?
6 MS. GASIOR: Objection. Asked and 6 A No.
7 answered. 7 Q So it's Colgate's position that they
8 A At the look at -- 8 did not test their talc internally before 1971?
9 MS. GASIOR: For what? 9 MS. GASIOR: Objection.
10 Q To test the talc that Colgate was 10 A Based on the information we have from the
11 using? 11 lab notebooks, to the best of our knowledge right
12 MS. GASIOR: Objection. Asked and 12 now, it appears that it was about 1971.
13 answered. 13 Q Well, I understand that based on the
14 A No, this is the information we have. 14 lab notebooks.
15 Q And the only other person that you 15 Is there any other information that you
16 think we should ask these questions to is Joe Simko? 16 have --
17 MS. GASIOR: Objection. Asked and 17 MS. GASIOR: Objection.
18 answered. 18 Q -- that would determine when Colgate
19 A (Nodding.) 19 first started testing their talc?
20 Q Is there anybody else at Colgate that 20 MS. GASIOR: Objection.
21 you know about that would have information about 21 A We don't have other information at this
22 McCrone? 22 time.
23 MS. GASIOR: Objection. 23 Q Okay. And is there anybody else at
24 A No. 24 Colgate that would know more than you about this
25 Q Do you know why --do you know why 25 illf9F11140911,..4b.9.14411 §Mbi.P47-
Page 59 Page 61
1 McCrone was testing Colgate's talc? MS. GASIOR: Objection.
2 A Well, Colgate had -- Colgate was testing 2 Q -- about when Colgate first started
3 our own talc internally, and as I had -- was 3 testing their talc?
4 indicating earlier, it appears that we had put 4 MS. GASIOR: Objection.
5 together a process where we would have our analysis 5 A Right now, based on the information we
6 confirmed by an external party and that was McCrone. 6 have, I'm representing Colgate on it, and to the
7 Q And what is the basis of your 7 best of our knowledge, that's when we started.
8 knowledge for those -- for that statement? 8 Q In 1971?
9 A Well, it's based on information from the 9 MS. GASIOR: Objection.
10 lab notebooks and also in discussions counsel has 10 A Yes.
11 had with Pascal Berzzi and Joe Simko, and they're 11 Q Do you know what talc was tested in
12 the -- they're the experts on that area. 12 1971?
13 Q Did you speak with Pascal Berzzi or 13 MS. GASIOR: Objection. What do you
14 Joe Simko? 14 mean what talc?
15 MS. GASIOR: Objection. Asked and 15 Q What talc was tested in 1971,
16 answered. 16 Colgate's own talc?
17 A No. As I indicated earlier, no. 17 MS. GASIOR: Objection. You can
18 Q You said that Colgate was testing 18 answer.
19 their talc internally. 19 A Based on the information in the notebooks,
20 Do you know the first date that Colgate 20 if you look at one of those early -- those earliest
21 tested their talc internally? :21 submissions, it was indicate that the analyst was
22 A We have -- the dates from the laboratory 22 working with a North Carolina talc, but he knew at
23 notebooks indicate, I believe it was, 1971. 23 that time that the North Carolina talc was clean.
24 Q Do you have any other information that `24 So it's not clear where that knowledge came from,
25 Colgate tested their talc before 1971? 25 but there was evidently information about the talc
16 (Pages 58 to 61)
Priority -One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932
f989b04e-16cc-4e2b-961a-db8deb60016e
CPC-NYCALTRSCPT00000762
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Marie Capdevielle
Page 254 Page 256
1 MR. KATZENSTEIN: That's what I'm 1 MR. KATZENSTEIN: I'm traveling to the
2 telling you. 2 DRI tomorrow. I'm not going to be able to
3 MS. RAPHAEL: How late do you plan on 3 coordinate schedules tomorrow. We'll get the
4 going tonight? 4 dates back to you.
5 MR. KATZENSTEIN: As long as you need 5 MS. RAPHAEL: Okay. So just give me
6 to go. 6 dates as soon as you can, and we'll set it up.
7 (A discussion is held off the record.) 7 Do you want to keep going till six?
8 MR. KATZENSTEIN: Its 5:19, according 8 We can do that.
9 to my watch. We were off the record. 9 MR. KATZENSTEIN: No, no point.
10 A few minutes ago, we called the 10 (Time noted is 5:22 p.m.)
11 special master and indicated that the 11
12 deposition was still ongoing. 12
13 Colgate is here. Its witness is here. 13
14 We were prepared to continue. We've been 14
15 advised by Plaintiffs' counsel that there's a 15
16 lot -- a substantial amount, I'll let Audrey 16
17 characterize it differently if she wants to, 17
18 that she still hasn't done, and she wanted to 18
19 stop for the day. 19
20 In that conversation with the special 20
21 master, we pointed out that the deposition was 21
22 noticed, and this is in P-5, which has been 22
23 marked for the dep; to continue day to day. So 23
24 we suggested to the special master that we do 24
25 5pmcmcgc:(9.1-11g14.andr ome..back:(9ipprispyyr. 25
Page 255 Page 257
1 morning. She agreed. The special master CERTIFICATE
2 indicating it was noticed day-to-day. 2
3 During that phone conversation, 3 I, EVAMARIE WALSH, a Notary Public and
4 Plaintiffs' counsel indicated that she was 4 Shorthand Reporter, do hereby certify that prior to
5 unavailable tomorrow to continue tomorrow of 5 the commencement of the examination
6 the day-to-day notification date. 6
7 Based on all of those facts and 7 MARIE CAPDEVIELLE
8 against Colgate's wishes, if that's the right 8
9 way of phrasing it, we're gonna discontinue the 9
10 deposition today, because we cannot finish it 10 was sworn by me to testify to the truth, the
11 and we can't come back tomorrow. We will not 11 whole truth and nothing but the truth.
12 agree to just come back on a day that 12 I DO FURTHER CERTIFY that the foregoing is
13 Plaintiffs' just say that's convenient. 13 a true and accurate transcript of the testimony as
14 It will have to be a date that's 14 taken stenographically by and before me at the time,
15 convenient to Colgate, Colgate's counsel and 15 place and on the date hereinbefore set forth.
16 the witness, and with that, I'm prepared to 16 I DO FURTHER CERTIFY that I am neither a
17 close the stenographic record. 17 relative of nor employee nor attorney nor counsel
18 MS. RAPHAEL: Do you want to look at a 18 for any of the parties to this action, and that I am
19 date now? 19 neither a relative nor employee of such attorney or
20 MR. KATZENSTEIN: I can't. Too many 20 counsel, and that I am not financially interested in
21 dates, too many things. 21 the action.
22 MS. RAPHAEL: Okay. Why don't you 22
23 give me -- tomorrow you can give me other dates 23
24 that this witness is available, and we'll go 24 Notary Public
25 from there. 25
.............................,.........,.........,.........,.........,.........,.........,........................................................................................,.........,.........,.........,.........,.........,.........,.........,.....................
65 (Pages 254 to 257)
Priority -One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932
f989b04e-16cc-4e2b-961a-db8deb60016e
CPC-NYCALTRSCPT00000811
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Page 258
1 CERTIFICATION OF WITNESS
2
3 I have read the foregoing transcript of my
4 deposition and find it to be true and accurate
5 to the best of my knowledge and belief.
6
7
8
9 MARIE CAPDEVIELLE
10
11
12
13
14 Sworn and subscribed to before me on
15 the day
16 of , 2009
17
18
19
20 Notary
21 My Commission Expires
22
23
24
25
66 (Page 258)
Priority -One Court Reporting Services, Inc. 718-983-1234
25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932
f989b04e-16cc-4e2b-951a-db8deb60016e
CPC-NYCALTRSCPT00000812
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Page 259
SUPREME COURT: ALL COUNTIES
WITHIN THE STATE OF NEW YORK
IN RE: NEW YORK STATE
ASBESTOS LITIGATION
VIDEOTAPED DEPOSITION
UNDER ORAL EXAMINATION
OF
MARIE CAPDEVIELLE
VOLUME II
This Document Applies To:
SHELLEY BERNARD
KAREN TEDRICK
Priority-One Court Reporting Services, Inc. 718-983-1234
25B VI d Road, SuiL 1, Fl h -_1k, NJ :793
28ea2589-4563-4312-84d5-c4af3a36ba6b
CPC-NYCALTRSCPT00000813
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020
NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023
Page 2601 Page 262
1
2 Transcript of the videotaped deposition 2 STIPULATIONS
3 of the witness, called for Oral Examination 3
4 in the above-captioned matter, said 4 IT IS HEREBY STIPULATED AND AGREED
5 deposition being taken pursuant to Federal 5 by and among the attorneys for the respective
6 Rules of Civil Procedure by and before 6 parties herein that the sealing, filing and
7 SERAFINA R. ZINCKGRAF, CSR, RPR, a Notary 7 certification of the within Examination
8 Public and Shorthand Reporter, at the Office 8 Before Trial be waived; that all objections,
9 of MCGIVNEY & KLUGER, P.C., 80 Broad Street
Preview
FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 EXHIBIT 29 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Page 1 SUPREME COURT: ALL COUNTIES WITHIN THE STATE OF NEW YORK IN RE: NEW YORK STATE ASBESTOS LITIGATION VIDEOTAPED DEPOSITION UNDER ORAL EXAMINATION OF MARIE CAPDEVIELLE This Document Applies To: SHELLEY BERNARD KAREN TEDRICK PRIORITY-ONE COURT REPORTING SERVICES, INC. 25B Vreeland Road Florham Park, New Jersey 07932 (718) 983-1234 Priority-One Court Reporting Services, Inc. 718-983-1234 25B VI d Road, SuiL 1, Fl h -_1k, NJ :793 f989b04e-16cc-4e2b-961a-db8deb60016e CPC-NYCALTRSCPT00000747 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Page Page 4 1 Transcript of the videotaped deposition of the 1 INDEX 2 WITNESS NAME PACE NO. 2 witness, called for Oral Examination in the 3 MARIE CAPDEVIELLE 3 above-captioned matter, said deposition being taken 4 4 pursuant to Federal Rules of Civil Procedure by and 5 Direct Examination by Ms. Raphael 9 6 5 before EVAMARIE WALSH, a Notary Public and Shorthand 7 EXHIBITS 6 Reporter, at the Office of MCGIVNEY & KLUGER, P.C., EXHIBIT NO. PAGE NO. 7 80 Broad Street, New York, New York 10004, on P-1 Defendant Colgate-Palmolive's 7 8 Tuesday, November 10, 2009, commencing at 10 responses to Plaintiffs' first standard set of liability 9 approximately 9:54 in the forenoon. 11 interrogatories and request 10 for production of documents 12 Bates stamped COL 00001 thru 11 COL 00344 13 12 P-2 Defendant Colgate-Palmolive's 7 14 objections and responses to 13 discovery requests and 14 15 recommendation of the Special Master discussed on the record 15 16 8/20/09 Bates stamped COL 00345 16 thru COL 00701 17 17 P-3 Defendant Colgate-Palmolive's 7 18 objections and responses to 18 discovery requests and 19 recommendation of thc Special 19 Master discussed on the record 20 20 10/2/09 Bates stamped COL 00702 thru COL 01566 21 21 P-4 Handwritten laboratory notebook 7 22 22 pages produced on 10/29/09 Bates 23 stamped COL 01567 thru COL 01578 23 24 P-5 Notice of deposition for corporate 8 24 representative of Colgate-Palmolive 25 25 Page Page 5 1 APPEARANCES: 1 EXHIBITS (CONT'D) 2 LEVY, PHILLIPS & KONIGSBERG, LLP 2 EXHIBIT NO. PAGE NO. 800 Third Avenue, 13th Floor 3 P-6 Memorandum dated 2/17/93 with 131 3 New York, New York 10022 attachments BY: AUDREY P. RAPHAEL, ESQ. 4 Attorneys for the Plaintiffs 5 DAY PITNEY, LLP P-7 Nine pages of formula sheets 184 200 Campus Drive 5 Florham Park, New Jersey 07932 P-8 Eight pages of photographs 245 BY: BENJAMIN E. HAGLUND, ESQ. 7 Attorneys for the Defendant, REQUESTS Citi-Group Global Market 8 PAGE NO. THE LAW OFFICE OF JOHN F. OLSEN, LLC 9 9 P.O. Box 29 14 Copy of Marie Capdevielle's resume as 247 Franklin Avenue 10 of today 10 Nutley, New Jersey 07110 BY: JOHN F. OLSEN, ESQ. 11 20 Insert attorney Dennis' last name 11 Attorneys for the Defendant, 12 47 Insert who at McCrone counsel spoke with New Water Street Corp. Retirement 13 12 Systems of Alabama RULINGS 13 MCGIVNEY & KLUGER, P.C. 14 80 Broad Street, 23rd Floor PAGE NO./LINE NO. 14 New York, New York 10004 15 BY. DAVID KATZENSTETN, ESQ. 16/6 15 BY: JOAN GASIOR, ESQ. 10 34/9 Attorneys for the Defendant, 16 Colgate-Palmolive Company 48/14 17 COLGATE-PALMOLIVE COMPANY 17 81/17 300 Park Avenue 138/10 le New York, New York 10022 18 138/16 BY: KEVIN A. CLUNIS, ESQ. 139/5 19 Attorneys for the Defendant, 19 176/13 Colgate-Palmolive Company 190/12 20 70 233/12 ALSO PRESENT: 236/3 21 21 DEVERELL WRITE, Videographer 22 22 23 23 24 25 2 (Pages 2 to 5) Priority -One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932 f989b04e-16cc-4e2b-961a-db8deb60016e CPC-NYCALTRSCPT00000748 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Page Page 8 1 STIPULATIONS 1 (Notice of deposition for corporate 2 IT IS HEREBY STIPULATED AND AGREED by and amon, 2 representative of Colgate-Palmolive is marked 3 the attorneys for the respective parties herein that 3 as Plaintiffs' Exhibit 5 for identification, as 4 the sealing, filing and certification of the within 4 of this date.) 5 Examination Before Trial be waived; that all 5 MS. RAPHAEL: Audrey Raphael for 6 objections, except as to form, are reserved to the 6 Plaintiffs Shelley Lee Bernard and Karen 7 time of trial; 7 Tedrick versus the Colgate-Palmolive Company. 8 That the transcript may by signed before any 8 MR. HAGLUND: Benjamin Haglund, 9 Notary Public with the same force and effect as if 9 counsel for Citi-Group Global Markets, Inc. 10 signed before a Clerk or Judge of the Court; 10 MR. OLSEN: John Olsen, representing 11 That this Examination Before Trial may be 11 New Water Street Corporation in the Retirement 12 utilized for all purposes as provided by the CPLR; 12 Systems of Alabama in the Bernard action. 13 That all rights provided to all parties by the 13 MR. KATZENSTEIN: David Katzenstein, 14 CPLR shall not be deemed waived and the appropriate 14 McGivney & Kluger, for Colgate. 15 sections of the CPLR shall be controlling with 15 MS. GASIOR: Joan Gasior, McGivney & 16 respect thereto. 16 Kluger, Defendant Colgate. 17 17 MS. RAPHAEL: You need to sign in and 18 18 state your name for the record. 19 19 MR. CLUNIS: Kevin Clunis, corporate 20 20 counsel litigation US, Colgate-Palmolive. 21 21 MS. RAPHAEL: Could you sign in, 22 22 please? 23 23 MS. GASIOR: We'll just have everyone 24 24 sign in. 25 25 MR. KATZENSTEIN: Yes. Page Page 9 1 (Defendant Colgate-Palmolive's 1 MS. RAPHAEL: Who is speaking for 2 responses to Plaintiffs' first standard set of 2 Colgate? We need one lawyer. 3 liability interrogatories and request for 3 MR. KATZENSTEIN: Joan. 4 production of documents Bates stamped COL 00001 4 MS. GASIOR: I am. 5 thru COL 00344 are marked as Plaintiffs' 5 6 Exhibit 1 for identification, as of this date.) 6 7 (Defendant Colgate-Palmolive's 7 MARIE CAPDEVIELLE, 8 objections and responses to discovery requests 8 909 River Road, Piscataway, New Jersey 08855, 9 and recommendation of the Special Master 9 called as a witness, having been first duly 10 discussed on the record August 20, 2009 Bates :10 sworn according to law, testifies as follows: 11 stamped COL 00345 through COL 00701 are marked 11 12 as Plaintiffs' Exhibit 2 for identification, as 12 13 14 of this date.) (Defendant Colgate-Palmolive's 13 14 1 DIRECT EXAMINATION BY MS. RAPHAEL: 15 objections and responses to discovery requests 15 Q Good morning, Ms. Capdevielle. My 16 and recommendation of the Special Master 16 name is Audrey Perlman Raphael. I represent Shelley 17 discussed on the record October 2, 2009 Bates 17 Bernard and Karen Tedrick in actions commenced 18 stamped COL 00702 through COL 01566 are marked 18 against Colgate-Palmolive Company. I'm going to be 19 as Plaintiffs' Exhibit 3 for identification, as 19 asking you questions today. If you don't understand 20 of this date.) 20 any of my questions, will you let me know? 21 (Handwritten laboratory notebook pages 21 A Yes. 22 produced on October 29, 2009 Bates stamped COL 22 Q If you answer the questions, we'll 23 01567 through COL 01578 are marked as 23 assume that you were able to understand them. 24 Plaintiffs' Exhibit 4 for identification, as of 24 A Yes. 25 this date.) 25 Q What is your full name? 3 (Pages 6 to 9) Priority -One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932 f989b04e-16cc-4e2b-961a-db8deb60016e CPC-NYCALTRSCPT00000749 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Marie Capdevielle Page 58 Page 60 1 may have used them earlier. 1 A No. In the laboratory notebooks they 2 Q But does Colgate -- do you have any 2 initiate at 19 -- I believe it's 1971. 3 other documents that would indicate that there was 3 Q Do you know if anybody else at Colgate 4 any correspondence or any relationship between 4 would have any information about when Colgate 5 McCrone and Colgate before January 28th, 1974? 5 started testing their talc internally? 6 MS. GASIOR: Objection. Asked and 6 A No. 7 answered. 7 Q So it's Colgate's position that they 8 A At the look at -- 8 did not test their talc internally before 1971? 9 MS. GASIOR: For what? 9 MS. GASIOR: Objection. 10 Q To test the talc that Colgate was 10 A Based on the information we have from the 11 using? 11 lab notebooks, to the best of our knowledge right 12 MS. GASIOR: Objection. Asked and 12 now, it appears that it was about 1971. 13 answered. 13 Q Well, I understand that based on the 14 A No, this is the information we have. 14 lab notebooks. 15 Q And the only other person that you 15 Is there any other information that you 16 think we should ask these questions to is Joe Simko? 16 have -- 17 MS. GASIOR: Objection. Asked and 17 MS. GASIOR: Objection. 18 answered. 18 Q -- that would determine when Colgate 19 A (Nodding.) 19 first started testing their talc? 20 Q Is there anybody else at Colgate that 20 MS. GASIOR: Objection. 21 you know about that would have information about 21 A We don't have other information at this 22 McCrone? 22 time. 23 MS. GASIOR: Objection. 23 Q Okay. And is there anybody else at 24 A No. 24 Colgate that would know more than you about this 25 Q Do you know why --do you know why 25 illf9F11140911,..4b.9.14411 §Mbi.P47- Page 59 Page 61 1 McCrone was testing Colgate's talc? MS. GASIOR: Objection. 2 A Well, Colgate had -- Colgate was testing 2 Q -- about when Colgate first started 3 our own talc internally, and as I had -- was 3 testing their talc? 4 indicating earlier, it appears that we had put 4 MS. GASIOR: Objection. 5 together a process where we would have our analysis 5 A Right now, based on the information we 6 confirmed by an external party and that was McCrone. 6 have, I'm representing Colgate on it, and to the 7 Q And what is the basis of your 7 best of our knowledge, that's when we started. 8 knowledge for those -- for that statement? 8 Q In 1971? 9 A Well, it's based on information from the 9 MS. GASIOR: Objection. 10 lab notebooks and also in discussions counsel has 10 A Yes. 11 had with Pascal Berzzi and Joe Simko, and they're 11 Q Do you know what talc was tested in 12 the -- they're the experts on that area. 12 1971? 13 Q Did you speak with Pascal Berzzi or 13 MS. GASIOR: Objection. What do you 14 Joe Simko? 14 mean what talc? 15 MS. GASIOR: Objection. Asked and 15 Q What talc was tested in 1971, 16 answered. 16 Colgate's own talc? 17 A No. As I indicated earlier, no. 17 MS. GASIOR: Objection. You can 18 Q You said that Colgate was testing 18 answer. 19 their talc internally. 19 A Based on the information in the notebooks, 20 Do you know the first date that Colgate 20 if you look at one of those early -- those earliest 21 tested their talc internally? :21 submissions, it was indicate that the analyst was 22 A We have -- the dates from the laboratory 22 working with a North Carolina talc, but he knew at 23 notebooks indicate, I believe it was, 1971. 23 that time that the North Carolina talc was clean. 24 Q Do you have any other information that `24 So it's not clear where that knowledge came from, 25 Colgate tested their talc before 1971? 25 but there was evidently information about the talc 16 (Pages 58 to 61) Priority -One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932 f989b04e-16cc-4e2b-961a-db8deb60016e CPC-NYCALTRSCPT00000762 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Marie Capdevielle Page 254 Page 256 1 MR. KATZENSTEIN: That's what I'm 1 MR. KATZENSTEIN: I'm traveling to the 2 telling you. 2 DRI tomorrow. I'm not going to be able to 3 MS. RAPHAEL: How late do you plan on 3 coordinate schedules tomorrow. We'll get the 4 going tonight? 4 dates back to you. 5 MR. KATZENSTEIN: As long as you need 5 MS. RAPHAEL: Okay. So just give me 6 to go. 6 dates as soon as you can, and we'll set it up. 7 (A discussion is held off the record.) 7 Do you want to keep going till six? 8 MR. KATZENSTEIN: Its 5:19, according 8 We can do that. 9 to my watch. We were off the record. 9 MR. KATZENSTEIN: No, no point. 10 A few minutes ago, we called the 10 (Time noted is 5:22 p.m.) 11 special master and indicated that the 11 12 deposition was still ongoing. 12 13 Colgate is here. Its witness is here. 13 14 We were prepared to continue. We've been 14 15 advised by Plaintiffs' counsel that there's a 15 16 lot -- a substantial amount, I'll let Audrey 16 17 characterize it differently if she wants to, 17 18 that she still hasn't done, and she wanted to 18 19 stop for the day. 19 20 In that conversation with the special 20 21 master, we pointed out that the deposition was 21 22 noticed, and this is in P-5, which has been 22 23 marked for the dep; to continue day to day. So 23 24 we suggested to the special master that we do 24 25 5pmcmcgc:(9.1-11g14.andr ome..back:(9ipprispyyr. 25 Page 255 Page 257 1 morning. She agreed. The special master CERTIFICATE 2 indicating it was noticed day-to-day. 2 3 During that phone conversation, 3 I, EVAMARIE WALSH, a Notary Public and 4 Plaintiffs' counsel indicated that she was 4 Shorthand Reporter, do hereby certify that prior to 5 unavailable tomorrow to continue tomorrow of 5 the commencement of the examination 6 the day-to-day notification date. 6 7 Based on all of those facts and 7 MARIE CAPDEVIELLE 8 against Colgate's wishes, if that's the right 8 9 way of phrasing it, we're gonna discontinue the 9 10 deposition today, because we cannot finish it 10 was sworn by me to testify to the truth, the 11 and we can't come back tomorrow. We will not 11 whole truth and nothing but the truth. 12 agree to just come back on a day that 12 I DO FURTHER CERTIFY that the foregoing is 13 Plaintiffs' just say that's convenient. 13 a true and accurate transcript of the testimony as 14 It will have to be a date that's 14 taken stenographically by and before me at the time, 15 convenient to Colgate, Colgate's counsel and 15 place and on the date hereinbefore set forth. 16 the witness, and with that, I'm prepared to 16 I DO FURTHER CERTIFY that I am neither a 17 close the stenographic record. 17 relative of nor employee nor attorney nor counsel 18 MS. RAPHAEL: Do you want to look at a 18 for any of the parties to this action, and that I am 19 date now? 19 neither a relative nor employee of such attorney or 20 MR. KATZENSTEIN: I can't. Too many 20 counsel, and that I am not financially interested in 21 dates, too many things. 21 the action. 22 MS. RAPHAEL: Okay. Why don't you 22 23 give me -- tomorrow you can give me other dates 23 24 that this witness is available, and we'll go 24 Notary Public 25 from there. 25 .............................,.........,.........,.........,.........,.........,.........,........................................................................................,.........,.........,.........,.........,.........,.........,.........,..................... 65 (Pages 254 to 257) Priority -One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932 f989b04e-16cc-4e2b-961a-db8deb60016e CPC-NYCALTRSCPT00000811 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Page 258 1 CERTIFICATION OF WITNESS 2 3 I have read the foregoing transcript of my 4 deposition and find it to be true and accurate 5 to the best of my knowledge and belief. 6 7 8 9 MARIE CAPDEVIELLE 10 11 12 13 14 Sworn and subscribed to before me on 15 the day 16 of , 2009 17 18 19 20 Notary 21 My Commission Expires 22 23 24 25 66 (Page 258) Priority -One Court Reporting Services, Inc. 718-983-1234 25B Vreeland Road, SuiLe 301, Florham Park, NJ 07932 f989b04e-16cc-4e2b-951a-db8deb60016e CPC-NYCALTRSCPT00000812 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Page 259 SUPREME COURT: ALL COUNTIES WITHIN THE STATE OF NEW YORK IN RE: NEW YORK STATE ASBESTOS LITIGATION VIDEOTAPED DEPOSITION UNDER ORAL EXAMINATION OF MARIE CAPDEVIELLE VOLUME II This Document Applies To: SHELLEY BERNARD KAREN TEDRICK Priority-One Court Reporting Services, Inc. 718-983-1234 25B VI d Road, SuiL 1, Fl h -_1k, NJ :793 28ea2589-4563-4312-84d5-c4af3a36ba6b CPC-NYCALTRSCPT00000813 FILED: ERIE COUNTY CLERK 03/03/2023 03:51 PM INDEX NO. 815818/2020 NYSCEF DOC. NO. 141 RECEIVED NYSCEF: 03/03/2023 Page 2601 Page 262 1 2 Transcript of the videotaped deposition 2 STIPULATIONS 3 of the witness, called for Oral Examination 3 4 in the above-captioned matter, said 4 IT IS HEREBY STIPULATED AND AGREED 5 deposition being taken pursuant to Federal 5 by and among the attorneys for the respective 6 Rules of Civil Procedure by and before 6 parties herein that the sealing, filing and 7 SERAFINA R. ZINCKGRAF, CSR, RPR, a Notary 7 certification of the within Examination 8 Public and Shorthand Reporter, at the Office 8 Before Trial be waived; that all objections, 9 of MCGIVNEY & KLUGER, P.C., 80 Broad Street