Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 12
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 2 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
04/03/2023
UNDER PROTECTIVE ORDER
Page 1
1 THE SUPREME COURT OF THE STATE OF NEW YORK
ALL COUNTIES WITHIN THE 3RD, 4TH, 7TH & 9TH JDALS
2
3 Index No.: 782000/2017
------------------------------
4 IN RE: 3RD JUDICIAL DISTRICT ASBESTOS LITIGATION
4TH JUDICIAL DISTRICT ASBESTOS LITIGATION
5 7TH JUDICIAL DISTRICT ASBESTOS LITIGATION
9TH JUDICIAL DISTRICT ASBESTOS LITIGATION
6 ------------------------------
THIS DOCUMENT RELATES TO:
7 ALL CASES IN WHICH KOLMAR LABORATORIES
INC. IS A DEFENDANT.
8 ------------------------------
VIRTUAL
9 VIDEOTAPED
DEPOSITION UPON
10 ORAL EXAMINATION
OF
11 ROBERT EDMONDS
(VOLUME I)
12
SUPREME COURT OF THE STATE OF NEW YORK
13 COUNTY OF NEW YORK
14 INDEX NO.: 190346/2018
INDEX NO.: 190187/2020
15 INDEX NO.: 190199/2020
-------------------------------------
16 IN RE: NEW YORK CITY ASBESTOS LITIGATION
-------------------------------------
17 LINDA ENGLISH AND PATRICIA RASO,
LINDA SCHAEFER AND CARL SCHAEFER,
18 MARGARET CARDILLO AND RONALD CARDILLO,
19 Plaintiffs,
20 -against-
21 KOLMAR LABORATORIES, INC., ET AL.,
------------------------------
22
(Caption continued on next page.)
23
24 CONFIDENTIAL
25 JOB NO.: 4329136
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 3 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
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UNDER PROTECTIVE ORDER
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1 A P P E A R A N C E S:
1 SUPREME COURT OF THE STATE OF NEW YORK 2 LITCHFIELD CAVO LLP
ALL COUNTIES WITHIN THE CITY OF NEW YORK BY: MICHAEL R. L’HOMME, ESQ.
3 420 Lexington Avenue
2 ----------------------------------------- Suite 2104
IN RE: NEW YORK CITY ASBESTOS LITIGATION 4 New York, New York 10170
Attorneys for Defendants,
3 ----------------------------------------- 5 Cyprus Amax Minerals Company,
4 THIS DOCUMENT RELATES TO Cyprus Mines Corporation
6
5 ALL CASES IN WHICH KOLMAR LABORATORIES 7 FOLEY & MANSFIELD, PLLP
INC. IS A DEFENDANT BY: BENJAMIN J. HEGVIK, ESQ.
8 101 South Hanley Road
6 ------------------------------ Suite 600
7 9 St. Louis, Missouri 63105
Attorneys for Defendants,
8 10 Conopco Inc., and Avon Products Inc.
9 TRANSCRIPT of the stenographic notes of 11
HARRIS BEACH PLLC
10 ANDREA F. NOCKS, a Certified Court Reporter and 12 BY: SYED K. RIZVI, ESQ.
11 Certified Realtime Court Reporter of the State of 100 Wall Street
13 New York, New York 10005
12 New Jersey, Certificate No. XI01573, taken virtually Attorneys for Defendant,
13 on Monday, November 16, 2020, commencing at 14 GlaxoSmithKline LLC
15
14 10:08 a.m., Eastern Standard Time. HAWKINS PARNELL & YOUNG, LLP
15 16 BY: ALFRED SARGENTE, ESQ.
600 Lexington Avenue
16 17 8th Floor
17 New York, New York 10022
18 Attorneys for Defendant,
18 American International Industries
19 19
20 RENZULLI LAW FIRM, LLP
20 BY: JOAN GASIOR, ESQ.
21 21 One North Broadway, Suite 1005
White Plains, New York 10601
22 22 Attorneys for Defendant,
23 Barrett Minerals, Inc.
23
24 24
25 25
Page 3 Page 5
1 A P P E A R A N C E S: 1 A P P E A R A N C E S:
2 LEVY KONIGSBERG, LLP 2 PATTERSON BELKNAP WEBB & TYLER LLP
BY: JEROME H. BLOCK, ESQ. BY: THOMAS P. KURLAND, ESQ.
3 800 3rd Avenue 3 1133 Avenue of the Americas
11th Floor New York, New York 10036
4 New York, New York 10022 4 Attorneys for Defendants,
Attorneys for Plaintiffs Johnson & Johnson, and Johnson &
5 5 Johnson Consumer Inc.
6 SIMMONS HANLY CONROY 6
BY: JAMES M. KRAMER, ESQ. HOAGLAND, LONGO, MORAN, DUNST &
7 112 Madison Avenue 7 DOUKAS, LLP
New York, New York 10016 BY: DANIEL R. KUSZMERSKI, ESQ.
8 Attorneys for Plaintiffs, 8 40 Paterson Street
English, Schaefer, Cardillo New Brunswick, New Jersey 08903
9 9 Attorneys for Defendant,
10 WEITZ & LUXENBERG, PC Brenntag Specialties
BY: DANNY R. KRAFT, JR., ESQ. 10
11 700 Broadway 11 LANDMAN CORSI BALLAINE & FORD P.C.
New York, New York 10003 BY: JANELLE N. WINTERS, ESQ.
12 Attorneys for Plaintiff 12 One Gateway Center
13 4th Floor
CLYDE & CO US, LLP 13 Newark, New Jersey 07102
14 BY: JEFFREY C. FEGAN, ESQ. Attorneys for Defendant,
The Chrysler Building 14 Whittaker, Clark & Daniels Inc.
15 405 Lexington Avenue 15
New York, New York 10174 MANNING, GROSS & MASSENBURG, LLP
16 Attorneys for Defendant, 16 BY: STEPHANIE M. BATCHELDER, ESQ.
Kolmar Laboratories, Inc. 125 High Street
17 17 Boston, Massachusetts 02110
18 HAWKINS PARNELL & YOUNG, LLP Attorneys for Defendant,
BY: TIMOTHY M. McCANN, ESQ. 18 Chanel, Inc.
19 600 Lexington Avenue 19
8th Floor AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP
20 New York, New York 10022 20 BY: RYAN M. ROBERTS, ESQ.
Attorneys for Defendants, 600 Third Avenue
21 Bristol-Myers Squibb Company, 21 New York, New York 10016
Revlon, Inc., Revlon Consumer Attorneys for Defendant,
22 Products Corporation 22 Ford Motor Company
23 23
24 24
25 25
2 (Pages 2 - 5)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 4 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
04/03/2023
UNDER PROTECTIVE ORDER
Page 6 Page 8
1 A P P E A R A N C E S: 1 A P P E A R A N C E S:
2 GORDON REES SCULLY MANSUKHANI, LLP 2 McELROY DEUTSCH MULVANEY & CARPENTER, LLP
BY: ERIK C. DiMARCO, ESQ. BY: MICHELLE S. HYDRUSKO, ESQ.
3 VIRGINIA SQUITIERI, ESQ.
3 1300 Mount Kemble Avenue
One Battery Park Plaza, 28th Floor
4 New York, New York 10004 Morristown, New Jersey 07962
Attorneys for Defendant, 4 Attorneys for Defendant,
5 Colgate-Palmolive Company Charles B. Chrystal Company, Inc.
6 5
DAY PITNEY, LLP 6 McGIVNEY KLUGER CLARK & INTOCCIA, PC
7 BY: BENJAMIN E. HAGLUND, ESQ. BY: JONATHAN C. LEE, ESQ.
One Jefferson Road
7 18 Columbia Turnpike
8 Parsippany, New Jersey 07054
Attorneys for Defendants,
Suite 300
9 Mana Products, Inc. 8 Florham Park, New Jersey 07932
10 Attorneys for Defendants,
PORZIO BROMBERG & NEWMAN, PC 9 Sid Harvey Industries, Inc.; Amtrol
11 BY: AHMED J. KASSIM, ESQ. Inc., Individually and as Successor to
156 West 56th Street 10 Thrush Products, Inc; Pecora
12 Suite 803
Corporation; Zurn Industries, LLC.;
New York, New York 10019
13 Attorneys for Defendant,
11 H.M. Royal, Inc.
Church & Dwight Co., Inc. 12
14 (Davies matter) WILSON ELSER MOSKOWITZ EDELMAN &
15 13 DICKER LLP
DARGER ERRANTE YAVITZ & BLAU, LLP BY: PATRICK LYNOTT, ESQ.
16 BY: JONATHAN KROMBERG, ESQ. 14 200 Campus Drive
116 East 27th Street Florham Park, New Jersey 07932
17 12th Floor
15 Attorneys for Defendants,
New York, New York 10016
18 Attorneys for Defendants, Food Locker, Inc., Foot Locker
Union Carbide Corporation 16 Specialty, Inc.
19 17
20 GOLDBERG SEGALLA, LLP 18
BY: PATRICK NAYLON, ESQ. 19 ALSO PRESENT:
21 2 State Street, Suite 1200 20 BOB RUDIS, VIDEOGRAPHER
Rochester, New York 14614
21
22 Attorneys for Defendant,
Chattem
22
23 23
24 24
25 25
Page 7 Page 9
1 A P P E A R A N C E S:
2 ECKERT SEAMANS CHERIN & MELLOTT, LLC
1 INDEX
BY: MONAKEE D. MARSEILLE, ESQ. 2 PAGE
3 Two Liberty Place, 22nd Floor
50 South 16th Street 3 WITNESS:
4 Philadelphia, Pennsylvania 19102
Attorneys for Defendant,
4 ROBERT EDMONDS
5 A.O. Smith 5 EXAMINATION BY:
6
CULLEN & DYKMAN, LLP 6 MR. BLOCK 18
7 By: JOHN FANNING, ESQ.
44 Wall Street
7 MR. KRAMER 207
8 New York, New York 10005 8
Attorneys for Defendants,
9 ITT LLC, Goulds Pumps LLC 9
10 10
GOLDBERG SEGALLA, LLP
11 BY: DAVID E. RUTKOWSKI, ESQ. 11 REQUEST FOR PRODUCTION
1037 Raymond Boulevard
12 Suite 1010
12 PAGE NO. 165, 268
Newark, New Jersey 07102 13
13 Attorneys for Defendant,
Shulton, Inc. 14
14
15 LEADER, BERKON, COLAO & SILVERSTEIN, LLP
15
BY: BRIAN CIFUENTES, ESQ. 16
16 630 Third Avenue
New York, New York 10017 17
17 Attorneys for Defendants,
Helen of Troy, Idelle Labs
18
18 19
19 LEWIS BRISBOIS BISGAARD & SMITH, LLP
BY: SARAH SCHAEFFER-ROTH, ESQ. 20
20 77 Water Street, Suite 2100
New York, New York 10005
21
21 Attorneys for Defendant, 22
LVMH Fragrance Brands
22
23
23 24
24
25 25
3 (Pages 6 - 9)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 5 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
04/03/2023
UNDER PROTECTIVE ORDER
Page 10 Page 12
1 EXHIBITS 1 EXHIBITS
2 NUMBER DESCRIPTION IDENTIFICATION 2 NUMBER DESCRIPTION IDENTIFICATION
3 1 Amended Cross-Notice of 3 20A 1977 J&J Quality Assurance Page
4 Deposition 23 4 Windsor 66 Talc 110
5 1A Second Amended Notice of 5 21 July 8, 1980 J&J document 113
6 Deposition for Robert Edmonds 24 6 22 J&J document,
7 2 October 11, 1973 Minutes 7 Process Specification 116
8 CTFA Subcommittee of SAC 8 22A October 6, 2020,
9 On Asbestos in Talc 54 9 Brenda Leek deposition 127
10 3 November 16, 1973 Kolmar 10 23 June 17, 1981 J&J document 128
11 Laboratories letter 55 11 24 September 20, 1982 J&J document 131
12 4A December 27, 1972 Kolmar 12 25 April 10, 1981 J&J document 134
13 Laboratories letter 38 13 25A January 21, 1988 J&J document 141
14 4B January 8, 1973 purchase order 41 14 26 Material Specification,
15 5 December 21, 1973 Minutes, 15 Luzenac America, Inc.,
16 Meeting of CTFA Talc 16 Windsor Grade 66 Talc 145
17 Subcommittee 56 17 27 July 25, 2016, Manufacture of
18 6 January 23, 2020 18 Neutrogena Nourishing Long Wear
19 Ronald Yakupcin deposition 37 19 Eye Shadow plus Built-In
20 6B Ronald Yakupcin's CV 32 20 Primer at Kolmar 151
21 7 March 31, 1976 Minutes 21 28 August 2nd, 1991 Giorgio
22 Talc Subcommittee 58 22 Beverly Hills memo 158
23 8 J4-1 method 70 23 28A Log book pages 158
24 8A 1974 Rohl and Langer article 71 24 28B Bates KOL000005 165
25 25
Page 11 Page 13
1 EXHIBITS 1 EXHIBITS
2 NUMBER DESCRIPTION IDENTIFICATION 2 NUMBER DESCRIPTION IDENTIFICATION
3 9 November 4, 1977 Bristol-Myers 3 28D (Confidential per Mr. Fegan) 177
4 Document 76 4 29 September 22, 1978,
5 10 April 3rd, 1979 Minutes, Meeting 5 Basic Batch Formula,
6 Of CTFA Talc Subcommittee 78 6 Kolmar Laboratories, Inc.,
7 11 September 18, 1981 Minutes, 7 Port Jervis, New York Only 189
8 Meeting of CTFA Standards 8 30 January 16, 1978
9 Subcommittee 84 9 Kolmar shipping ticket 188
10 12 October 27, 1982 Minutes, 10 31 February 21, 1991,
11 Meeting to Address the Issue of 11 Call Report Cyprus
12 Talc and Ovarian Cancer 81 12 Industrial Minerals Company 189
13 13 March 31, 1967 J&J document 88 13 32 November 4, 1993
14 14 June 30, 1967 Pharmaceutical 14 Call Report Cosmetic
15 Research Section Quarterly 15 Specialties, Inc. 192
16 Report - Second Quarter 1967 89 16 33 June 23, 1994 Call Report
17 15 2/15/67 lab notebook 90 17 Kolmar California 194
18 16 January 27, 1970 J&J document 96 18 34 November 8, 1994 Luzenac
19 17 J&J Summary Report, American 19 America Complaint 196
20 Ground Italian talc, 20 35 September 28, 1993 Luzenac
21 Mathieu, AGIT 1615 98 21 America letter 197
22 18 J&J September 5, 1974 22 36 March 8, 1999 Luzenac
23 Talc - Microbiology 105 23 America Call Report 200
24 19 October 4, 1976 J&J document 102 24 37 May 4, 2000 Luzenac
25 20 January 7, 1975 J&J document 107 25 Call Report 201
4 (Pages 10 - 13)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 6 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
04/03/2023
UNDER PROTECTIVE ORDER
Page 14 Page 16
1 EXHIBITS 1 VIDEOGRAPHER: Good morning. We are
2 NUMBER DESCRIPTION IDENTIFICATION 2 going on the record at 10:08 a.m., November 16,
3 S-1 Advertisement 215 3 2020.
4 S-1A Kolmar marketing material 237 4 Please note that the microphones are
5 S-2 January 24, 1967 patent 220 5 sensitive and may pick up whispering and private
6 S-3 1982 patent 223 6 conversations.
7 S-4 The Cosmetic Industry: Scientific 7 Please mute your microphone whenever
8 And Regulatory Foundations 8 possible.
9 Publication 225 9 Audio and video recording will
10 S-5 (not marked) 10 continue to take place unless all parties agree to
11 S-6 March 5, 1985 Monthly Report 11 go off the record.
12 Mennen Company 252 12 This is Media Unit 1 of the video
13 S-7 November 14, 1985 Mennen 13 recorded deposition of Robert Edmonds taken by both
14 Company memo 253 14 counsels in the matter of in re: New York City
15 S-8 Baby Magic powder No Cloud 255 15 Asbestos Litigation filed in the Supreme -- Superior
16 S-9 Kolmar Laboratories Raw Materials 16 Court of the State of New York, all counties within
17 Analytical Report 256 17 3rd, 4th, 7th and 9th JDALS, Index Number
18 S-10 Sales sheet 242 18 782000/2017.
19 S-11 September 7, 1983, Westfall v. 19 This deposition is being held
20 Whittaker, Clark & Daniels 246 20 remotely.
21 S-12 (Confidential per Mr. Fegan) 277 21 My name is Robert Rudis from the firm
22 S-13 (Confidential per Mr. Fegan) 277 22 Veritext Legal Solutions and I am the videographer.
23 S-14 Kolmar Laboratories 23 Our court reporter, Andrea Nocks, is
24 Notebook - Elizabeth Arden 277 24 also from the firm Veritext.
25 (Exhibits e-mailed to Certified Court Reporter.) 25 I am not related to any party in this
Page 15 Page 17
1 IT IS HEREBY STIPULATED, by and between 1 action nor am I financially interested in the
2 the attorneys for the respective parties hereto, 2 outcome.
3 that filing, sealing and certification of the within 3 Appearances will appear on the
4 Examination Before Trial be waived; that all 4 stenographic record.
5 objections, except as to form, are reserved to the 5 Will our court reporter please swear
6 time of trial. 6 in the witness.
7 IT IS FURTHER STIPULATED AND AGREED 7
8 that the transcript may be signed before any Notary 8
9 Public with the same force and effect as if signed 9
10 before a Clerk or Judge of the Court. 10
11 IT IS FURTHER STIPULATED AND AGREED 11
12 that all rights provided to all parties by the CPLR 12
13 shall not be deemed waived and the appropriate 13
14 sections of the CPLR shall be controlling with 14
15 respect thereto. 15
16 IT IS FURTHER STIPULATED AND AGREED by 16
17 and between the attorneys for the respective parties 17
18 hereto that a copy of the examination shall be 18
19 furnished, without charge, to the attorney 19
20 representing the witness testifying herein. 20
21 21
22 22
23 23
24 24
25 25
5 (Pages 14 - 17)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 7 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
04/03/2023
UNDER PROTECTIVE ORDER
Page 18 Page 20
1 R O B E R T E D M O N D S, 1 of 2015 until the end of 2018, were you the person
2 4240 Lost Hills Road, Calabasas, California, having 2 ultimately in charge of the Kolmar business unit of
3 been first duly sworn, testifies as follows: 3 KDC/ONE?
4 DIRECT EXAMINATION BY MR. BLOCK: 4 A. Well, I reported to the CEO of
5 Q. Mr. Edmonds, good morning. My name 5 KDC/ONE, so, and there was a general manager in
6 is Jerry Block. 6 charge of Kolmar at that time. I was in charge of
7 Can you hear me okay? 7 Kolmar as part of the business that was under my
8 A. Yes, good morning, Mr. Block. 8 responsibility.
9 Q. And I'm from the law firm of Levy 9 Q. All right. And then in, from 2018
10 Konigsberg. I represent certain plaintiffs in 10 through the present, what has your position been
11 asbestos litigation. Okay? 11 with KDC/ONE?
12 A. Okay. 12 A. It's been president of the West Coast
13 Q. Sir, Mr. Edmonds, what year were you 13 of KDC/ONE. So I moved to Los Angeles in that
14 born? 14 timeframe and focused on businesses that are on the
15 A. 1956. 15 West Coast which no longer includes Kolmar.
16 Q. And you currently live in California? 16 Q. So as you sit here today, do you have
17 A. Yes. I have a work apartment in 17 any business responsibilities with respect to Kolmar
18 California. My home is in Colorado. 18 labs which is part of KDC/ONE and located, its
19 Q. All right. And, sir, did you used to 19 headquarters, in Port Jervis, New York?
20 serve as the chief executive officer of Kolmar labs? 20 A. Not direct responsibility, but I'm
21 A. Yes, I did. 21 part of the executive team with KDC/ONE and so have
22 Q. And in what years did you serve as 22 input, obviously, into business decisions relating
23 CEO of Kolmar? 23 to anything that's pertinent.
24 A. 2010 through 2015. 24 Q. And when you say you're part of the
25 Q. And in what year were you first 25 executive team of KDC/ONE currently, what do you
Page 19 Page 21
1 employed by Kolmar? 1 mean by that?
2 A. In 2010. 2 A. Well, I'm president of a couple of
3 Q. When you were hired by Kolmar in 3 businesses that are on the West Coast, and so
4 2010, were you hired in the position of CEO? 4 executive team is a loose collection of executive
5 A. Yes, I was. 5 vice-presidents, presidents, chief operating
6 Q. And was CEO the only position you 6 officers, those types of people.
7 ever held for Kolmar labs? 7 Q. All right. Now, prior to 2010, you
8 A. Yes. Except until after that when 8 never were employed by Kolmar, correct?
9 Kolmar was acquired by a company called KDC/ONE. 9 A. Correct.
10 Q. All right. And in 2015, was it 2015 10 Q. And prior to 2010, could you describe
11 or 2016 that Kolmar was acquired by a company called 11 any business dealings you ever had with Kolmar?
12 KDC/ONE? 12 A. That was the first encounter that I
13 A. It was the end of 2015, it was 13 had with Kolmar coming into that position.
14 acquired by KDC/ONE. 14 Q. So prior to 2010, you never had any
15 Q. All right. And at that time when 15 encounter or any interaction whatsoever with Kolmar,
16 Kolmar was acquired by KDC/ONE, what did your 16 correct?
17 position become and for what company? 17 A. I was in a business that was an
18 A. So at that point the position changed 18 ingredient supplier called Sensient Technologies and
19 to president of Prestige beauty and health, which 19 prior to that, Huber was also an ingredient
20 included Kolmar, plus a few other businesses that 20 supplier. So through those businesses I was aware
21 KDC/ONE had in the same category. 21 of Kolmar and what they did. And Sensient was a
22 Q. All right. And for what years did 22 supplier and still continues to be a supplier of
23 you hold that position? 23 certain ingredients to Kolmar, as well as many other
24 A. Until 2018. 24 companies.
25 Q. And in that time period, from the end 25 Q. Prior to 2010, you never spoke with
6 (Pages 18 - 21)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEWMID-L-001231-22
YORK COUNTY 05/06/2022
CLERK10:12:09 AM Pg 8 of10:29
04/03/2023
07/10/2023 139 Trans
04:26 INDEX NO.
PMID: LCV20221809393 190266/2022
190002/2023
NYSCEF DOC. NO. 97
44 RECEIVED NYSCEF: 07/10/2023
04/03/2023
UNDER PROTECTIVE ORDER
Page 22 Page 24
1 anyone who was employed at Kolmar, correct? 1 Amended Cross-Notice of Deposition in the Mary Black
2 A. I am not sure. I'm not sure whether 2 case, and a series of cases.
3 I did or not, but it wouldn't have been a major part 3 Do you see the list of cases there at
4 of what I did. 4 the top?
5 Q. Do you specifically recall ever 5 A. Yes.
6 speaking to anyone who worked at Kolmar prior to 6 Q. And then that deposition notice of
7 2010? 7 Robert Edmonds indicates it attaches the Notice of
8 A. Purely doing due diligence when I 8 Deposition filed in the English versus Kolmar
9 took the role, I went and spoke with some people 9 Laboratories case.
10 before then, but that's my recollection. 10 Do you see that?
11 Q. And when would that have been; in 11 A. Yes.
12 2009 sometime? 12 Q. All right. And if we go to Exhibit
13 A. Yeah. Maybe late 2009. 13 1A of your deposition, I'm showing you the Second
14 Q. All right. And prior to late 2009, 14 Amended Notice of Deposition for Robert Edmonds in
15 did you ever, do you have any specific recollection 15 the English case. And it says here at the top,
16 of ever speaking to anyone who worked at Kolmar or 16 "Oral examination of Robert Edmonds, person most
17 corresponding with anyone in writing who worked at 17 knowledgeable and corporate representative of Kolmar
18 Kolmar? 18 Laboratories, Inc."
19 A. I don't have a recollection of that. 19 Do you see that?
20 Q. Now, sir, were you born in the United 20 A. I see it.
21 States? 21 Q. And do you understand that you're
22 A. No. I was born in Zimbabwe. 22 testifying here in these cases as corporate
23 Q. Okay. And when did you first reside 23 representative of Kolmar Laboratories, Inc.?
24 in the United States? 24 A. I do. Yes.
25 A. 1986. 25 Q. And do you understand that when you
Page 23 Page 25
1 Q. Okay. And have you become a citizen 1 give testimony in these cases, it is on behalf of
2 of the United States? 2 Kolmar Laboratories, Inc.?
3 A. Yes, I am. 3 A. Yes.
4 Q. And when did you become a citizen of 4 Q. And you understand that your
5 the United States? 5 testimony in these cases is binding on Kolmar
6 A. It would have been in the early '90s. 6 Laboratories, Inc.?
7 Probably '93, '94. 7 A. Yes, I understand.
8 Q. Okay. So, sir, let me show you 8 Q. All right. And this deposition
9 Exhibit 1 to your deposition. And let me just ask 9 notice asks for the person most knowledgeable about
10 you, sir, are you represented by an attorney here 10 certain subjects, and have you reviewed those
11 today? 11 subjects?
12 A. Yes, I am. 12 A. Yes, I have.
13 Q. All right. And who is representing 13 Q. All right. And just for the record,
14 you here today? 14 looking at Exhibit 1A, the deposition, most recent
15 A. Mr. Fegan. 15 deposition notice in the English case, there are
16 Q. All right. And so you're being 16 subjects starting at Number 1 all the way to Number
17 represented personally here today by Mr. Fegan, who 17 22.
18 you know is Kolmar's attorney in this matter, 18 A. I see it. Yes.
19 correct? 19 Q. Excuse me. Whoever is dialing, we
20 A. Yes. 20 can hear that, and just mute your p
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 12 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 2 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 1 1 THE SUPREME COURT OF THE STATE OF NEW YORK ALL COUNTIES WITHIN THE 3RD, 4TH, 7TH & 9TH JDALS 2 3 Index No.: 782000/2017 ------------------------------ 4 IN RE: 3RD JUDICIAL DISTRICT ASBESTOS LITIGATION 4TH JUDICIAL DISTRICT ASBESTOS LITIGATION 5 7TH JUDICIAL DISTRICT ASBESTOS LITIGATION 9TH JUDICIAL DISTRICT ASBESTOS LITIGATION 6 ------------------------------ THIS DOCUMENT RELATES TO: 7 ALL CASES IN WHICH KOLMAR LABORATORIES INC. IS A DEFENDANT. 8 ------------------------------ VIRTUAL 9 VIDEOTAPED DEPOSITION UPON 10 ORAL EXAMINATION OF 11 ROBERT EDMONDS (VOLUME I) 12 SUPREME COURT OF THE STATE OF NEW YORK 13 COUNTY OF NEW YORK 14 INDEX NO.: 190346/2018 INDEX NO.: 190187/2020 15 INDEX NO.: 190199/2020 ------------------------------------- 16 IN RE: NEW YORK CITY ASBESTOS LITIGATION ------------------------------------- 17 LINDA ENGLISH AND PATRICIA RASO, LINDA SCHAEFER AND CARL SCHAEFER, 18 MARGARET CARDILLO AND RONALD CARDILLO, 19 Plaintiffs, 20 -against- 21 KOLMAR LABORATORIES, INC., ET AL., ------------------------------ 22 (Caption continued on next page.) 23 24 CONFIDENTIAL 25 JOB NO.: 4329136 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 3 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 2 Page 4 1 A P P E A R A N C E S: 1 SUPREME COURT OF THE STATE OF NEW YORK 2 LITCHFIELD CAVO LLP ALL COUNTIES WITHIN THE CITY OF NEW YORK BY: MICHAEL R. L’HOMME, ESQ. 3 420 Lexington Avenue 2 ----------------------------------------- Suite 2104 IN RE: NEW YORK CITY ASBESTOS LITIGATION 4 New York, New York 10170 Attorneys for Defendants, 3 ----------------------------------------- 5 Cyprus Amax Minerals Company, 4 THIS DOCUMENT RELATES TO Cyprus Mines Corporation 6 5 ALL CASES IN WHICH KOLMAR LABORATORIES 7 FOLEY & MANSFIELD, PLLP INC. IS A DEFENDANT BY: BENJAMIN J. HEGVIK, ESQ. 8 101 South Hanley Road 6 ------------------------------ Suite 600 7 9 St. Louis, Missouri 63105 Attorneys for Defendants, 8 10 Conopco Inc., and Avon Products Inc. 9 TRANSCRIPT of the stenographic notes of 11 HARRIS BEACH PLLC 10 ANDREA F. NOCKS, a Certified Court Reporter and 12 BY: SYED K. RIZVI, ESQ. 11 Certified Realtime Court Reporter of the State of 100 Wall Street 13 New York, New York 10005 12 New Jersey, Certificate No. XI01573, taken virtually Attorneys for Defendant, 13 on Monday, November 16, 2020, commencing at 14 GlaxoSmithKline LLC 15 14 10:08 a.m., Eastern Standard Time. HAWKINS PARNELL & YOUNG, LLP 15 16 BY: ALFRED SARGENTE, ESQ. 600 Lexington Avenue 16 17 8th Floor 17 New York, New York 10022 18 Attorneys for Defendant, 18 American International Industries 19 19 20 RENZULLI LAW FIRM, LLP 20 BY: JOAN GASIOR, ESQ. 21 21 One North Broadway, Suite 1005 White Plains, New York 10601 22 22 Attorneys for Defendant, 23 Barrett Minerals, Inc. 23 24 24 25 25 Page 3 Page 5 1 A P P E A R A N C E S: 1 A P P E A R A N C E S: 2 LEVY KONIGSBERG, LLP 2 PATTERSON BELKNAP WEBB & TYLER LLP BY: JEROME H. BLOCK, ESQ. BY: THOMAS P. KURLAND, ESQ. 3 800 3rd Avenue 3 1133 Avenue of the Americas 11th Floor New York, New York 10036 4 New York, New York 10022 4 Attorneys for Defendants, Attorneys for Plaintiffs Johnson & Johnson, and Johnson & 5 5 Johnson Consumer Inc. 6 SIMMONS HANLY CONROY 6 BY: JAMES M. KRAMER, ESQ. HOAGLAND, LONGO, MORAN, DUNST & 7 112 Madison Avenue 7 DOUKAS, LLP New York, New York 10016 BY: DANIEL R. KUSZMERSKI, ESQ. 8 Attorneys for Plaintiffs, 8 40 Paterson Street English, Schaefer, Cardillo New Brunswick, New Jersey 08903 9 9 Attorneys for Defendant, 10 WEITZ & LUXENBERG, PC Brenntag Specialties BY: DANNY R. KRAFT, JR., ESQ. 10 11 700 Broadway 11 LANDMAN CORSI BALLAINE & FORD P.C. New York, New York 10003 BY: JANELLE N. WINTERS, ESQ. 12 Attorneys for Plaintiff 12 One Gateway Center 13 4th Floor CLYDE & CO US, LLP 13 Newark, New Jersey 07102 14 BY: JEFFREY C. FEGAN, ESQ. Attorneys for Defendant, The Chrysler Building 14 Whittaker, Clark & Daniels Inc. 15 405 Lexington Avenue 15 New York, New York 10174 MANNING, GROSS & MASSENBURG, LLP 16 Attorneys for Defendant, 16 BY: STEPHANIE M. BATCHELDER, ESQ. Kolmar Laboratories, Inc. 125 High Street 17 17 Boston, Massachusetts 02110 18 HAWKINS PARNELL & YOUNG, LLP Attorneys for Defendant, BY: TIMOTHY M. McCANN, ESQ. 18 Chanel, Inc. 19 600 Lexington Avenue 19 8th Floor AARONSON, RAPPAPORT, FEINSTEIN & DEUTSCH, LLP 20 New York, New York 10022 20 BY: RYAN M. ROBERTS, ESQ. Attorneys for Defendants, 600 Third Avenue 21 Bristol-Myers Squibb Company, 21 New York, New York 10016 Revlon, Inc., Revlon Consumer Attorneys for Defendant, 22 Products Corporation 22 Ford Motor Company 23 23 24 24 25 25 2 (Pages 2 - 5) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 4 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 6 Page 8 1 A P P E A R A N C E S: 1 A P P E A R A N C E S: 2 GORDON REES SCULLY MANSUKHANI, LLP 2 McELROY DEUTSCH MULVANEY & CARPENTER, LLP BY: ERIK C. DiMARCO, ESQ. BY: MICHELLE S. HYDRUSKO, ESQ. 3 VIRGINIA SQUITIERI, ESQ. 3 1300 Mount Kemble Avenue One Battery Park Plaza, 28th Floor 4 New York, New York 10004 Morristown, New Jersey 07962 Attorneys for Defendant, 4 Attorneys for Defendant, 5 Colgate-Palmolive Company Charles B. Chrystal Company, Inc. 6 5 DAY PITNEY, LLP 6 McGIVNEY KLUGER CLARK & INTOCCIA, PC 7 BY: BENJAMIN E. HAGLUND, ESQ. BY: JONATHAN C. LEE, ESQ. One Jefferson Road 7 18 Columbia Turnpike 8 Parsippany, New Jersey 07054 Attorneys for Defendants, Suite 300 9 Mana Products, Inc. 8 Florham Park, New Jersey 07932 10 Attorneys for Defendants, PORZIO BROMBERG & NEWMAN, PC 9 Sid Harvey Industries, Inc.; Amtrol 11 BY: AHMED J. KASSIM, ESQ. Inc., Individually and as Successor to 156 West 56th Street 10 Thrush Products, Inc; Pecora 12 Suite 803 Corporation; Zurn Industries, LLC.; New York, New York 10019 13 Attorneys for Defendant, 11 H.M. Royal, Inc. Church & Dwight Co., Inc. 12 14 (Davies matter) WILSON ELSER MOSKOWITZ EDELMAN & 15 13 DICKER LLP DARGER ERRANTE YAVITZ & BLAU, LLP BY: PATRICK LYNOTT, ESQ. 16 BY: JONATHAN KROMBERG, ESQ. 14 200 Campus Drive 116 East 27th Street Florham Park, New Jersey 07932 17 12th Floor 15 Attorneys for Defendants, New York, New York 10016 18 Attorneys for Defendants, Food Locker, Inc., Foot Locker Union Carbide Corporation 16 Specialty, Inc. 19 17 20 GOLDBERG SEGALLA, LLP 18 BY: PATRICK NAYLON, ESQ. 19 ALSO PRESENT: 21 2 State Street, Suite 1200 20 BOB RUDIS, VIDEOGRAPHER Rochester, New York 14614 21 22 Attorneys for Defendant, Chattem 22 23 23 24 24 25 25 Page 7 Page 9 1 A P P E A R A N C E S: 2 ECKERT SEAMANS CHERIN & MELLOTT, LLC 1 INDEX BY: MONAKEE D. MARSEILLE, ESQ. 2 PAGE 3 Two Liberty Place, 22nd Floor 50 South 16th Street 3 WITNESS: 4 Philadelphia, Pennsylvania 19102 Attorneys for Defendant, 4 ROBERT EDMONDS 5 A.O. Smith 5 EXAMINATION BY: 6 CULLEN & DYKMAN, LLP 6 MR. BLOCK 18 7 By: JOHN FANNING, ESQ. 44 Wall Street 7 MR. KRAMER 207 8 New York, New York 10005 8 Attorneys for Defendants, 9 ITT LLC, Goulds Pumps LLC 9 10 10 GOLDBERG SEGALLA, LLP 11 BY: DAVID E. RUTKOWSKI, ESQ. 11 REQUEST FOR PRODUCTION 1037 Raymond Boulevard 12 Suite 1010 12 PAGE NO. 165, 268 Newark, New Jersey 07102 13 13 Attorneys for Defendant, Shulton, Inc. 14 14 15 LEADER, BERKON, COLAO & SILVERSTEIN, LLP 15 BY: BRIAN CIFUENTES, ESQ. 16 16 630 Third Avenue New York, New York 10017 17 17 Attorneys for Defendants, Helen of Troy, Idelle Labs 18 18 19 19 LEWIS BRISBOIS BISGAARD & SMITH, LLP BY: SARAH SCHAEFFER-ROTH, ESQ. 20 20 77 Water Street, Suite 2100 New York, New York 10005 21 21 Attorneys for Defendant, 22 LVMH Fragrance Brands 22 23 23 24 24 25 25 3 (Pages 6 - 9) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 5 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 10 Page 12 1 EXHIBITS 1 EXHIBITS 2 NUMBER DESCRIPTION IDENTIFICATION 2 NUMBER DESCRIPTION IDENTIFICATION 3 1 Amended Cross-Notice of 3 20A 1977 J&J Quality Assurance Page 4 Deposition 23 4 Windsor 66 Talc 110 5 1A Second Amended Notice of 5 21 July 8, 1980 J&J document 113 6 Deposition for Robert Edmonds 24 6 22 J&J document, 7 2 October 11, 1973 Minutes 7 Process Specification 116 8 CTFA Subcommittee of SAC 8 22A October 6, 2020, 9 On Asbestos in Talc 54 9 Brenda Leek deposition 127 10 3 November 16, 1973 Kolmar 10 23 June 17, 1981 J&J document 128 11 Laboratories letter 55 11 24 September 20, 1982 J&J document 131 12 4A December 27, 1972 Kolmar 12 25 April 10, 1981 J&J document 134 13 Laboratories letter 38 13 25A January 21, 1988 J&J document 141 14 4B January 8, 1973 purchase order 41 14 26 Material Specification, 15 5 December 21, 1973 Minutes, 15 Luzenac America, Inc., 16 Meeting of CTFA Talc 16 Windsor Grade 66 Talc 145 17 Subcommittee 56 17 27 July 25, 2016, Manufacture of 18 6 January 23, 2020 18 Neutrogena Nourishing Long Wear 19 Ronald Yakupcin deposition 37 19 Eye Shadow plus Built-In 20 6B Ronald Yakupcin's CV 32 20 Primer at Kolmar 151 21 7 March 31, 1976 Minutes 21 28 August 2nd, 1991 Giorgio 22 Talc Subcommittee 58 22 Beverly Hills memo 158 23 8 J4-1 method 70 23 28A Log book pages 158 24 8A 1974 Rohl and Langer article 71 24 28B Bates KOL000005 165 25 25 Page 11 Page 13 1 EXHIBITS 1 EXHIBITS 2 NUMBER DESCRIPTION IDENTIFICATION 2 NUMBER DESCRIPTION IDENTIFICATION 3 9 November 4, 1977 Bristol-Myers 3 28D (Confidential per Mr. Fegan) 177 4 Document 76 4 29 September 22, 1978, 5 10 April 3rd, 1979 Minutes, Meeting 5 Basic Batch Formula, 6 Of CTFA Talc Subcommittee 78 6 Kolmar Laboratories, Inc., 7 11 September 18, 1981 Minutes, 7 Port Jervis, New York Only 189 8 Meeting of CTFA Standards 8 30 January 16, 1978 9 Subcommittee 84 9 Kolmar shipping ticket 188 10 12 October 27, 1982 Minutes, 10 31 February 21, 1991, 11 Meeting to Address the Issue of 11 Call Report Cyprus 12 Talc and Ovarian Cancer 81 12 Industrial Minerals Company 189 13 13 March 31, 1967 J&J document 88 13 32 November 4, 1993 14 14 June 30, 1967 Pharmaceutical 14 Call Report Cosmetic 15 Research Section Quarterly 15 Specialties, Inc. 192 16 Report - Second Quarter 1967 89 16 33 June 23, 1994 Call Report 17 15 2/15/67 lab notebook 90 17 Kolmar California 194 18 16 January 27, 1970 J&J document 96 18 34 November 8, 1994 Luzenac 19 17 J&J Summary Report, American 19 America Complaint 196 20 Ground Italian talc, 20 35 September 28, 1993 Luzenac 21 Mathieu, AGIT 1615 98 21 America letter 197 22 18 J&J September 5, 1974 22 36 March 8, 1999 Luzenac 23 Talc - Microbiology 105 23 America Call Report 200 24 19 October 4, 1976 J&J document 102 24 37 May 4, 2000 Luzenac 25 20 January 7, 1975 J&J document 107 25 Call Report 201 4 (Pages 10 - 13) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 6 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 14 Page 16 1 EXHIBITS 1 VIDEOGRAPHER: Good morning. We are 2 NUMBER DESCRIPTION IDENTIFICATION 2 going on the record at 10:08 a.m., November 16, 3 S-1 Advertisement 215 3 2020. 4 S-1A Kolmar marketing material 237 4 Please note that the microphones are 5 S-2 January 24, 1967 patent 220 5 sensitive and may pick up whispering and private 6 S-3 1982 patent 223 6 conversations. 7 S-4 The Cosmetic Industry: Scientific 7 Please mute your microphone whenever 8 And Regulatory Foundations 8 possible. 9 Publication 225 9 Audio and video recording will 10 S-5 (not marked) 10 continue to take place unless all parties agree to 11 S-6 March 5, 1985 Monthly Report 11 go off the record. 12 Mennen Company 252 12 This is Media Unit 1 of the video 13 S-7 November 14, 1985 Mennen 13 recorded deposition of Robert Edmonds taken by both 14 Company memo 253 14 counsels in the matter of in re: New York City 15 S-8 Baby Magic powder No Cloud 255 15 Asbestos Litigation filed in the Supreme -- Superior 16 S-9 Kolmar Laboratories Raw Materials 16 Court of the State of New York, all counties within 17 Analytical Report 256 17 3rd, 4th, 7th and 9th JDALS, Index Number 18 S-10 Sales sheet 242 18 782000/2017. 19 S-11 September 7, 1983, Westfall v. 19 This deposition is being held 20 Whittaker, Clark & Daniels 246 20 remotely. 21 S-12 (Confidential per Mr. Fegan) 277 21 My name is Robert Rudis from the firm 22 S-13 (Confidential per Mr. Fegan) 277 22 Veritext Legal Solutions and I am the videographer. 23 S-14 Kolmar Laboratories 23 Our court reporter, Andrea Nocks, is 24 Notebook - Elizabeth Arden 277 24 also from the firm Veritext. 25 (Exhibits e-mailed to Certified Court Reporter.) 25 I am not related to any party in this Page 15 Page 17 1 IT IS HEREBY STIPULATED, by and between 1 action nor am I financially interested in the 2 the attorneys for the respective parties hereto, 2 outcome. 3 that filing, sealing and certification of the within 3 Appearances will appear on the 4 Examination Before Trial be waived; that all 4 stenographic record. 5 objections, except as to form, are reserved to the 5 Will our court reporter please swear 6 time of trial. 6 in the witness. 7 IT IS FURTHER STIPULATED AND AGREED 7 8 that the transcript may be signed before any Notary 8 9 Public with the same force and effect as if signed 9 10 before a Clerk or Judge of the Court. 10 11 IT IS FURTHER STIPULATED AND AGREED 11 12 that all rights provided to all parties by the CPLR 12 13 shall not be deemed waived and the appropriate 13 14 sections of the CPLR shall be controlling with 14 15 respect thereto. 15 16 IT IS FURTHER STIPULATED AND AGREED by 16 17 and between the attorneys for the respective parties 17 18 hereto that a copy of the examination shall be 18 19 furnished, without charge, to the attorney 19 20 representing the witness testifying herein. 20 21 21 22 22 23 23 24 24 25 25 5 (Pages 14 - 17) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 7 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 18 Page 20 1 R O B E R T E D M O N D S, 1 of 2015 until the end of 2018, were you the person 2 4240 Lost Hills Road, Calabasas, California, having 2 ultimately in charge of the Kolmar business unit of 3 been first duly sworn, testifies as follows: 3 KDC/ONE? 4 DIRECT EXAMINATION BY MR. BLOCK: 4 A. Well, I reported to the CEO of 5 Q. Mr. Edmonds, good morning. My name 5 KDC/ONE, so, and there was a general manager in 6 is Jerry Block. 6 charge of Kolmar at that time. I was in charge of 7 Can you hear me okay? 7 Kolmar as part of the business that was under my 8 A. Yes, good morning, Mr. Block. 8 responsibility. 9 Q. And I'm from the law firm of Levy 9 Q. All right. And then in, from 2018 10 Konigsberg. I represent certain plaintiffs in 10 through the present, what has your position been 11 asbestos litigation. Okay? 11 with KDC/ONE? 12 A. Okay. 12 A. It's been president of the West Coast 13 Q. Sir, Mr. Edmonds, what year were you 13 of KDC/ONE. So I moved to Los Angeles in that 14 born? 14 timeframe and focused on businesses that are on the 15 A. 1956. 15 West Coast which no longer includes Kolmar. 16 Q. And you currently live in California? 16 Q. So as you sit here today, do you have 17 A. Yes. I have a work apartment in 17 any business responsibilities with respect to Kolmar 18 California. My home is in Colorado. 18 labs which is part of KDC/ONE and located, its 19 Q. All right. And, sir, did you used to 19 headquarters, in Port Jervis, New York? 20 serve as the chief executive officer of Kolmar labs? 20 A. Not direct responsibility, but I'm 21 A. Yes, I did. 21 part of the executive team with KDC/ONE and so have 22 Q. And in what years did you serve as 22 input, obviously, into business decisions relating 23 CEO of Kolmar? 23 to anything that's pertinent. 24 A. 2010 through 2015. 24 Q. And when you say you're part of the 25 Q. And in what year were you first 25 executive team of KDC/ONE currently, what do you Page 19 Page 21 1 employed by Kolmar? 1 mean by that? 2 A. In 2010. 2 A. Well, I'm president of a couple of 3 Q. When you were hired by Kolmar in 3 businesses that are on the West Coast, and so 4 2010, were you hired in the position of CEO? 4 executive team is a loose collection of executive 5 A. Yes, I was. 5 vice-presidents, presidents, chief operating 6 Q. And was CEO the only position you 6 officers, those types of people. 7 ever held for Kolmar labs? 7 Q. All right. Now, prior to 2010, you 8 A. Yes. Except until after that when 8 never were employed by Kolmar, correct? 9 Kolmar was acquired by a company called KDC/ONE. 9 A. Correct. 10 Q. All right. And in 2015, was it 2015 10 Q. And prior to 2010, could you describe 11 or 2016 that Kolmar was acquired by a company called 11 any business dealings you ever had with Kolmar? 12 KDC/ONE? 12 A. That was the first encounter that I 13 A. It was the end of 2015, it was 13 had with Kolmar coming into that position. 14 acquired by KDC/ONE. 14 Q. So prior to 2010, you never had any 15 Q. All right. And at that time when 15 encounter or any interaction whatsoever with Kolmar, 16 Kolmar was acquired by KDC/ONE, what did your 16 correct? 17 position become and for what company? 17 A. I was in a business that was an 18 A. So at that point the position changed 18 ingredient supplier called Sensient Technologies and 19 to president of Prestige beauty and health, which 19 prior to that, Huber was also an ingredient 20 included Kolmar, plus a few other businesses that 20 supplier. So through those businesses I was aware 21 KDC/ONE had in the same category. 21 of Kolmar and what they did. And Sensient was a 22 Q. All right. And for what years did 22 supplier and still continues to be a supplier of 23 you hold that position? 23 certain ingredients to Kolmar, as well as many other 24 A. Until 2018. 24 companies. 25 Q. And in that time period, from the end 25 Q. Prior to 2010, you never spoke with 6 (Pages 18 - 21) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEWMID-L-001231-22 YORK COUNTY 05/06/2022 CLERK10:12:09 AM Pg 8 of10:29 04/03/2023 07/10/2023 139 Trans 04:26 INDEX NO. PMID: LCV20221809393 190266/2022 190002/2023 NYSCEF DOC. NO. 97 44 RECEIVED NYSCEF: 07/10/2023 04/03/2023 UNDER PROTECTIVE ORDER Page 22 Page 24 1 anyone who was employed at Kolmar, correct? 1 Amended Cross-Notice of Deposition in the Mary Black 2 A. I am not sure. I'm not sure whether 2 case, and a series of cases. 3 I did or not, but it wouldn't have been a major part 3 Do you see the list of cases there at 4 of what I did. 4 the top? 5 Q. Do you specifically recall ever 5 A. Yes. 6 speaking to anyone who worked at Kolmar prior to 6 Q. And then that deposition notice of 7 2010? 7 Robert Edmonds indicates it attaches the Notice of 8 A. Purely doing due diligence when I 8 Deposition filed in the English versus Kolmar 9 took the role, I went and spoke with some people 9 Laboratories case. 10 before then, but that's my recollection. 10 Do you see that? 11 Q. And when would that have been; in 11 A. Yes. 12 2009 sometime? 12 Q. All right. And if we go to Exhibit 13 A. Yeah. Maybe late 2009. 13 1A of your deposition, I'm showing you the Second 14 Q. All right. And prior to late 2009, 14 Amended Notice of Deposition for Robert Edmonds in 15 did you ever, do you have any specific recollection 15 the English case. And it says here at the top, 16 of ever speaking to anyone who worked at Kolmar or 16 "Oral examination of Robert Edmonds, person most 17 corresponding with anyone in writing who worked at 17 knowledgeable and corporate representative of Kolmar 18 Kolmar? 18 Laboratories, Inc." 19 A. I don't have a recollection of that. 19 Do you see that? 20 Q. Now, sir, were you born in the United 20 A. I see it. 21 States? 21 Q. And do you understand that you're 22 A. No. I was born in Zimbabwe. 22 testifying here in these cases as corporate 23 Q. Okay. And when did you first reside 23 representative of Kolmar Laboratories, Inc.? 24 in the United States? 24 A. I do. Yes. 25 A. 1986. 25 Q. And do you understand that when you Page 23 Page 25 1 Q. Okay. And have you become a citizen 1 give testimony in these cases, it is on behalf of 2 of the United States? 2 Kolmar Laboratories, Inc.? 3 A. Yes, I am. 3 A. Yes. 4 Q. And when did you become a citizen of 4 Q. And you understand that your 5 the United States? 5 testimony in these cases is binding on Kolmar 6 A. It would have been in the early '90s. 6 Laboratories, Inc.? 7 Probably '93, '94. 7 A. Yes, I understand. 8 Q. Okay. So, sir, let me show you 8 Q. All right. And this deposition 9 Exhibit 1 to your deposition. And let me just ask 9 notice asks for the person most knowledgeable about 10 you, sir, are you represented by an attorney here 10 certain subjects, and have you reviewed those 11 today? 11 subjects? 12 A. Yes, I am. 12 A. Yes, I have. 13 Q. All right. And who is representing 13 Q. All right. And just for the record, 14 you here today? 14 looking at Exhibit 1A, the deposition, most recent 15 A. Mr. Fegan. 15 deposition notice in the English case, there are 16 Q. All right. And so you're being 16 subjects starting at Number 1 all the way to Number 17 represented personally here today by Mr. Fegan, who 17 22. 18 you know is Kolmar's attorney in this matter, 18 A. I see it. Yes. 19 correct? 19 Q. Excuse me. Whoever is dialing, we 20 A. Yes. 20 can hear that, and just mute your p