Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 11
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
Page 1
1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF NEW YORK
4
5 IN RE: NEW YORK CITY ASBESTOS LITIGATION
6
7
8 DEPOSITION UNDER ORAL
9 EXAMINATION OF
10 RONALD YAKUPCIN
11
12
This Document Applies To:
13 MARY BLACK, et al. Index No: 190016/2017
REBECCA BREWER Index No: 190367/2016
14 BEVERLY CROZIER, et al. Index No: 190385/2016
MICHAEL DAVIES Index No: 190348/2017
15 SANDRA HAMMOCK, et al. Index No: 190215/2015
KARLENE HOLLEMAN Index No: 190077/2018
16 STEPHANIE MILLER Index No: 190188/2017
SHIRLEY NIEMEYER Index No: 190156/2017
17
AND
18
ALL CASES IN WHICH KOLMAR LABORATORIES, INC.
19 IS A DEFENDANT
20
21 PRIORITY-ONE COURT REPORTING, INC.
22 290 West Mount Pleasant Avenue, Suite 2260
23 Livingston, New Jersey 07039
24 (718) 983-1234
25 JOB NO.: 3841411
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
Page 2 Page 4
1
1 2 APPEARANCES (continued):
2 3 LANDMAN, CORSI, BALLAINE & FORD, P.C.
One Gateway Center, 4th Floor
3 Transcript of the deposition of RONALD YAKUPCIN, 4 Newark, New Jersey 07102
By: ADRIANNA RUDZINSKY, ESQ.
4 called for Oral Examination in the above-captioned matter, said 5 Attorneys for the Defendant
Whittaker, Clark & Daniels
5 deposition being taken pursuant to Federal Rules of Civil 6
6 Procedure by and before ELEANOR SEKULIC, a Notary Public and HAWKINS, PARNELL & YOUNG, LLP
7 600 Lexington Avenue, 8th Floor
7 Shorthand Reporter, at HAMPTON INN, 122 Westfall Town Dr., New York, New York 10022-7678
8 By: TIMOTHY M. McCANN, ESQ.
8 Matamoras, Pennsylvania 18336, on Thursday, January 23, 2020, Attorneys for the Defendant
9 Revlon, Inc.
9 commencing at 10:06 a.m.
10 CLYDE & CO US, LLP
10 The Chrysler Building
11 405 Lexington Avenue, 16th Floor
11 New York, New York 10174
12 By: JEFFREY FEGAN, ESQ.
12 Attorneys for the Defendants
13 13 Kolmar Laboratories, Inc., and Ronald Yakupcin
14 FOLEY & MANSFIELD, PLLP
14 101 South Haney Road, Suite 600
15 St. Louis, Missouri 63105
15 By: BENJAMIN J. HEGVIK, ESQ. (Via Telephone)
16 Attorneys for the Defendant
16 Avon Products, Inc.
17 17
SIMMONS, HANLY, CONROY, LLC
18 18 112 Madison Avenue, 7th Floor
New York, New York 10016
19 19 By: OLIVIA KELLY, ESQ. (Via Telephone)
20 Attorneys for the Plaintiffs
20 English, Minassian and Titley in a related matter
21 21 PORZIO, BROMBERG & NEWMAN, PC
100 Southgate Parkway
22 22 Morristown, New Jersey 07960
By: MICHELLE M. BURKE, ESQ. (Via Telephone)
23 23 Attorneys for the Defendant
24 Church & Dwight Co., Inc.
24
25 25
Page 3 Page 5
1 A P P E A R A N C E S: 1
2 LEVY KONIGSBERG, LLP 2 APPEARANCES (continued):
800 Third Avenue, 11th Floor 3 CETRULO, LLP
3 New York, New York 10022 Two Seaport Lane, 10th Floor
By: JEROME BLOCK, ESQ. 4 Boston, Massachusetts 02210
4 Attorneys for the Plaintiffs By: JASON M. SAUL, ESQ. (Via Telephone)
5 GORDON REES SCULLY MANSUKHANI, LLP 5 Attorneys for the Defendant
One Battery Park Plaza American Talc Co.
6 New York, New York 10004 6
By: ERIK DiMARCO, ESQ.
HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP
7 Attorneys for the Defendant
7 40 Paterson Street
Colgate (Mennen) (Davies case only)
New Brunswick, New Jersey 08903
8
GORDON REES SCULLY MANSUKHANI, LLP 8 By: DANIEL R. KUSZMERSKI, ESQ. (Via Telephone)
9 One Battery Park Plaza Attorneys for the Defendant
New York, New York 10004 9 Brenntag Specialties
10 By: VIRGINIA SQUITIERI, ESQ. 10 GORDON, REES, SCULLY & MANSUKHANI, LLP
Attorneys for the Defendant 18 Columbia Turnpike, #220
11 Colgate Palmolive 11 Florham Park, New Jersey 07932
12 ORRICK, HERRINGTON & SUTCLIFFE, LLP By: LEE HENIG-ELONA, ESQ. (Via Telephone)
51 West 52nd Street 12 Attorneys for the Defendant
13 New York, New York 10019-6142 Estee Lauder, Inc.
By: LISA SIMPSON, ESQ. 13
14 Attorneys for the Defendant LITCHFIELD CAVO, LLP
Johnson & Johnson 14 420 Lexington Avenue, Suite 2140
15 New York, New York 10170
HOLLAND & KNIGHT, LLP 15 By: ANDREW SAPON, ESQ. (Via Telephone)
16 31 West 52nd Street, 12th Floor Attorneys for the Defendant
New York, New York 10019 16 Cyprus Amax Minerals Company
17 By: ESTHER CLOVIS, ESQ. 17 MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C.
Attorneys for the Defendant 530 Saw Mill River Road
18 Puig, USA
18 Elmsford, New York 10523
19 LOWENSTEIN SANDLER, LLP
By: WALDER H. THAME-TURNER, ESQ. (Via Telephone)
1251 Avenue of the Americas
19 Attorneys for the Defendant
20 New York, New York 10020
Columbia Boiler Company of Pottstown
By: GAVIN ROONEY, ESQ.
21 Attorneys for the Defendant 20
Conopco GOLDBERG SEGALLA LLP
22 21 1037 Raymond Boulevard, Suite 1010
RENZULLI LAW FIRM, LLP Newark, New Jersey 07102-5423
23 One North Broadway, Suite 1005 22 By: DAVID E. RUTKOWSKI, ESQ. (Via Telephone)
White Plains, New York 10601 Attorneys for the Defendants
24 By: JOAN GASIOR, ESQ. (Via Telephone) 23 The Procter & Gamble Company, and Shulton, Inc.
Attorneys for the Defendant 24
25 Barretts Minerals Inc. 25
2 (Pages 2 - 5)
Priority-One Court Reporting Services Inc. – A Veritext Company
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
Page 6 Page 8
1 1
2 APPEARANCES (continued): 2
3 LEADER, BERKON, COLAO & SILVERSTEIN, LLP INDEX TO EXHIBITS (continued):
630 Third Avenue, Suite 17 3
4 New York, New York 10017 NUMBER: DESCRIPTION: PAGE:
By: BRIAN CIFUENTES, ESQ. (Via Telephone) 4 P-18 Identification and Quantitation of
Asbestos in Talc,
5 Attorneys for the Defendant
5 Environmental Health Perspectives,
Helen of Troy Ltd.
Vol. 9, pp. 95-109, 1974 101
6 6 P-19 Document Bates Stamped
DARGER, ERRANTE, YAVITZ & BLAU, LLP JNJNL61_000020521 - JNJNL61_000020523
7 116 East 27th Street, 12th Floor 7 P-20 Document Bates Stamped
New York, New York 10016 J&J-0098786 - J&J-0098787 106
8 By: BRIAN SEXTON, ESQ. (Via Telephone) 8 P-21 Document Bates Stamped
Attorneys for the Defendant JNJNL61_000036312 - JNJNL61_000036315 119
9 Union Carbide (in the Davies matter) 9 P-22 Document Bates Stamped
10 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP KOL000002 - KOL000010 136
150 East 42nd Street 10 P-24A Document Bates Stamped
11 New York, New York 10017 JNJTALC000889429 - JNJTALC000889430 144
By: BRIAN P. MANGAN, ESQ. (Via Telephone) 11 P-25 Document Bates Stamped
12 Attorneys for the Defendant JNJ 000298185 - JNJ 000298190 148
Chevron USA, Inc. (In the Davies matter) 12 P-26 Document Bates Stamped
JNJ 000867854 - 000867859 154
13
13 P-27 Document Bates Stamped
HAWKINS, PARNELL & YOUNG, LLP JNJNL61_000118827 - JNJNL61_000118832
14 600 Lexington Avenue, 8th Floor 14 P-29 Document Bates Stamped
New York, New York 10022-7678 IMERYS 006674 150
15 By: ALFRED SARGENTE, ESQ. (Via Telephone) 15 P-30 Document Bates Stamped
Attorneys for the Defendant IMERYS 006671 166
16 American International Industries (in the Davies matter) 16 P-31 Document Bates Stamped
17 HARRIS BEACH, PLLC JNJMX68_000010815 - JNJMX68_000010817 163
100 Wall Street 17 P-32 Document Bates Stamped
18 New York, New York 10005 JNJ 000244562 and JNJ 000244555 165
By: SYED K. RIZVI, ESQ. (Via Telephone) 18 P-33 Document Bates Stamped
19 Attorneys for the Defendant IMERYS 209426 - IMERYS 209429 171
GlaxoSmithKline 19 P-35 Document Bates Stamped
20 IMERYS 006534 - IMERYS 006535 171
20 P-36A Document Bates Stamped
O'TOOLE SCRIVO, LLC
JNJTALC000889326 - JNJTALC000889367 179
21 14 Village Park Road
21 P-37 Document Bates Stamped
Cedar Grove, New Jersey 07009 JNJMX68_000002297 - JNJMX68_000002299 189
22 By: ELIAS ARROYO, ESQ. (Via Telephone) 22 P-39 Document Bates Stamped
Attorneys for the Defendant JNJMX68_000000860 - JNJMX68_000000870 190
23 Clark Reliance 23 P-40 Document Bates Stamped
24 ALSO PRESENT: AV_PERALTA-000985 195
Robert Benimoff, Videographer 24
25 25
Page 7 Page 9
1 1
2 I N D E X T O W I T N E S S E S:
3 WITNESS: EXAMINATION BY: PAGE: 2
Ronald Yakupcin Mr. Block - Direct 12 INDEX TO EXHIBITS (continued):
4 Ms. Kelly - Cross 215
Ms. Simpson - Cross 219
3
5 NUMBER: DESCRIPTION: PAGE:
I N D E X T O E X H I B I T S: 4 P-44 Document Bates Stamped
6 NUMBER: DESCRIPTION: PAGE:
P-1 Amended Notice of Deposition 11 AV_PROKOCIM-00003197 and
7 P-1A Cross-Notice of Deposition 11 5 AV_PROKOCIM-00003200 196
P-1B Curriculum Vitae 11 P-45 Document Bates Stamped
8 P-1C Document Bates Stamped
JNJNL61_000001126 11 6 KOL000005 201
9 P-2 Document Bates Stamed P-46 Document Bates Stamped
KOLM-MAO3605-0011 - KOLM-MA03605-00 30
10 P-3 Project Cost Record 1/2/73 38
7 IMERYS 096111 202
P-4 Document Bates Stamped P-48 Document Bates Stamped
11 KOLM-MAO605-0010 38 8 IMERYS 337674 205
P-5 Document Bates Stamped
12 KOLM-MAO3605-0007 38 P-51 Document Bates Stamped
P-6 Document Bates Stamped 9 IMERYS 337671 - IMERYS 337672 206
13 KOLM-MA03605-0005 38 P-52 Document Bates Stamped
P-7 Document Bates Stamped
14 KOLM-MAO3605-0003 - KOLM-MAO3605-0004 38 10 IMERYS 337657 210
P-8 CTFA Meeting Minutes 11/11/73 38 P-54 Document Bates Stamped
15 P-9 Document Bates Stamped
JNJNL61_000030187 - JNJNL61_000030190 77 11 IMERYS 196669 - IMERYS 196675 207
16 P-10 Document Bates Stamped 12
WCD000242 - WCD000246 81 13
17 P-11 Document Bates Stamped
WCD000227 - WCD000231 86 14
18 P-12 Document Bates Stamped 15
PFI_KA_00000683 - PFI_KA_00000695 91
19 P-13 New York Times Article 3/10/76
16
Asbestos Found In Ten Powders 112 17
20 P-14 Document Bates Stamped 18
PFI_MO_00001785 - PFI_MO_OOOO1786 113
21 19
P-15 Consumer Talcums And Powders: Mineral 20
22 And Chemical Characterization, 21
Journal of Toxicology and Environmental
23 Health 1976 116 22
P-16 Document Bates Stamped 23
24 JNJNL61_000034856 - JNJNL61_000034857
P-17 Document Bates Stamped
24
25 QE-CPC00001142 - QE-CPC00001151 97 25
3 (Pages 6 - 9)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
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1 1 Ronald Yakupcin - Direct
2 2 swear in the witness.
3 IT IS HEREBY STIPULATED AND AGREED by and between the 3 THE COURT REPORTER: Could you
4 attorneys for the respective parties hereto that filing, sealing 4 raise your right hand, sir? Do you swear the
5 and certification of the within Examination Before Trial be 5 testimony you are about to give will be the truth,
6 waived; that all objections, except as to form, are reserved to 6 the whole truth and nothing but the truth, so help
7 the time of trial. 7 you God?
8 8 THE WITNESS: I do.
9 IT IS FURTHER STIPULATED AND AGREED that the transcript may 9 THE COURT REPORTER: Could you
10 be signed before any NOTARY PUBLIC with the same force and 10 state your name and spell your last name, please?
11 effect as if signed before a Clerk or Judge of the Court. 11 THE WITNESS: Ronald
12 12 Y-A-K-U-P-C-I-N.
13 IT IS FURTHER STIPULATED AND AGREED that the within 13 THE COURT REPORTER: Thank you.
14 examination may be utilized for all purposes as provided by the 14 THE VIDEOGRAPHER: Thank you. We
15 CPLR. 15 may proceed.
16 16
17 IT IS FURTHER STIPULATED AND AGREED that all rights 17 R O N A L D Y A K U P C I N, having first
18 provided to all parties by the CPLR shall not be deemed waived 18 been duly sworn according to law by the Court
19 and the appropriate sections of the CPLR shall be controlling 19 Reporter, testifies as follows:
20 with respect thereto. 20
21 21 DIRECT EXAMINATION BY
22 IT IS FURTHER STIPULATED AND AGREED by and between the 22 MR. BLOCK:
23 attorneys for the respective parties hereto that a copy of the 23 Q. Good morning, sir. Could you state your full
24 Examination shall be furnished, without charge, to the attorney 24 name for the record?
25 representing the witness testifying herein. 25 A. Ronald Yakupcin.
Page 11 Page 13
1 1 Ronald Yakupcin - Direct
2 2 Q. Mr. Yakupcin, I'd like to direct your
3 (Whereupon, Plaintiffs' Exhibits 3 attention to Exhibit 1 to your deposition. It has a
4 1, 1A, 1B and 1C are marked For Identification.) 4 sticker on the bottom right corner that says one.
5 THE VIDEOGRAPHER: Good morning. 5 Do you see that?
6 We are now going on the record at approximately 6 A. Yes.
7 10:06 a.m. on January 23rd, 2020. Please note that 7 Q. All right.
8 the microphones are sensitive and they may pick up 8 And Exhibit 1 states Amended Notice of
9 private conversation and cellular interference. 9 Deposition, and there's a number of cases listed
10 Please turn off all cell phones or place them away 10 here, and you see your name here, Mr. Ronald
11 from the microphones, as they can interfere with the 11 Yakupcin?
12 deposition audio. Audio and video recording will 12 A. Yes.
13 continue to take place until all parties agree to go 13 Q. Okay.
14 off the record. This is Media Unit 1 of the 14 And if you turn the page there is a Subpoena
15 videotaped deposition of Ronald Yakupcin in the 15 attached. And do you understand that you were
16 matter of In Re: New York City Asbestos Litigation 16 served with a Subpoena to testify in these cases?
17 Mary Black, et al. Versus Kolmar Laboratories, et 17 A. Yes.
18 al., filed in the County of New York. My name is 18 Q. And you are here today because the Plaintiffs
19 Robert Benimoff representing Veritext. I am not 19 in the cases served you with a Subpoena requiring
20 authorized to administer an oath. I am not related 20 you to come and give testimony, correct?
21 to any party in this action nor am I financially 21 A. Yes.
22 interested in the outcome. All appearances will be 22 Q. And the Subpoena includes a request for
23 made on the stenographic record. If anyone has any 23 documents. And when you were served with the
24 objections, please state them at this time. 24 Subpoena, did you look at the request for documents?
25 Will the court reporter please 25 A. Yes.
4 (Pages 10 - 13)
Priority-One Court Reporting Services Inc. – A Veritext Company
718-983-1234
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
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1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct
2 Q. And I understand you brought your resume here 2 Q. All right.
3 today; is that correct? 3 And since the time you were served with the
4 A. Yes. 4 Subpoena, how many telephone calls or meetings have
5 Q. Other than your resume, do you have any other 5 you had with the attorneys from Kolmar?
6 documents that are responsive to any of the document 6 A. I believe we have had four meetings.
7 categories that were requested in your Subpoena? 7 Q. And when did the first meeting take place?
8 A. No. 8 A. I believe it was sometime in October.
9 Q. Do you have any documents in your possession, 9 Q. And where did that meeting occur?
10 custody or control relating to Kolmar, et al.? 10 A. It occurred at Kolmar.
11 A. No. 11 Q. At the offices of Kolmar?
12 Q. Now, the Subpoena that you were served with 12 A. Yes.
13 states that you are not a defendant in these 13 Q. And is that the offices of Kolmar in Port
14 lawsuits, but rather a non-party witness from whom 14 Jervis, New York?
15 facts and documents relating to this case are 15 A. Yes.
16 sought. Do you see that? 16 Q. And who was at that meeting in approximately
17 A. Yes, I do. 17 October of 2019 with you and the lawyers from
18 Q. And you understand that you personally are not 18 Kolmar?
19 a defendant in this case? Do you understand that? 19 A. The lawyers from Kolmar.
20 A. Yes. 20 Q. All right.
21 Q. Okay. 21 And which ones?
22 And is it true that after you were served with 22 A. Mr. Fegan and Mr. Oetheimer.
23 a Subpoena that you know that my law firm, Levy 23 Q. How do you spell the name of that last person
24 Konigsberg, attempted to contact you by phone? 24 you identified?
25 A. Yes. 25 A. I believe it's O-E-T-H-E-I-M-E-R.
Page 15 Page 17
1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct
2 Q. Okay. 2 Q. All right.
3 And is it true that you declined to take any 3 And is he an employee of Kolmar?
4 phone calls from my firm, Levy Konigsberg, when we 4 A. No.
5 attempted to contact you? 5 Q. All right.
6 A. On the advice of attorney, I did. 6 And what's your understanding of what law firm
7 Q. Okay. 7 or company Mr., is it Oetheimer?
8 And when you say "on the advice of an 8 A. Oetheimer.
9 attorney," who are you referring to? 9 Q. Oetheimer works for?
10 A. I'm referring to the attorney on my right, 10 A. I don't remember.
11 Mr. Fegan. 11 Q. Okay.
12 Q. Okay. 12 And how long did that meeting go for? How
13 And after you were served with the Subpoena, 13 long was it in October of 2019?
14 am I correct that you became represented by an 14 A. Several hours.
15 attorney for this matter, correct? 15 Q. What's your best estimate of the number of
16 A. Yes. 16 hours?
17 Q. And the attorneys who are representing you in 17 A. Three to four.
18 this matter are the attorneys for Kolmar 18 Q. And were you shown any documents at that
19 Laboratories, correct? 19 meeting?
20 A. Yes. 20 MR. FEGAN: Objection. Don't
21 Q. All right. 21 answer. Privilege.
22 So, the same attorneys that represent Kolmar 22 Q. All right.
23 Laboratories in these cases are representing you for 23 And there's been an objection and an
24 this deposition, correct? 24 instruction for you not to answer. And are you
25 A. Yes. 25 going to follow that instruction and not answer the
5 (Pages 14 - 17)
Priority-One Court Reporting Services Inc. – A Veritext Company
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NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023
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1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct
2 question? 2 other than Mr. Fegan?
3 A. Yes. 3 A. No.
4 Q. All right. 4 Q. All right.
5 What was the next time -- you said there were 5 And how about the fourth time you met with
6 four meetings. What was the next meeting? When did 6 lawyers from Kolmar, when was that?
7 it occur? 7 A. A week ago.
8 A. I think it was sometime in November. 8 Q. And who attended that meeting?
9 Q. And who was at that meeting? 9 A. Mr. Fegan and Mr. Oetheimer.
10 A. I believe it was Mr. Fegan. 10 Q. Where did that meeting take place?
11 Q. Okay. 11 A. Here at the Hampton Inn.
12 One of the Kolmar lawyers? 12 Q. And how long was that meeting?
13 A. Yes. 13 A. Approximately four, four or five hours.
14 Q. All right. 14 Q. All right.
15 And how long did that second meeting last for? 15 And at the third and fourth meetings that took
16 A. Approximately three to four hours. 16 place at the hotel with the Kolmar lawyers, did you
17 Q. And were you shown any documents at that 17 review any documents at those meetings?
18 second meeting? 18 MR. FEGAN: Objection. Don't
19 MR. FEGAN: Same objection. Don't 19 answer. Privilege.
20 answer. Privilege. 20 Q. And there's been an instruction by your lawyer
21 Q. And there's been an instruction for you not to 21 not to answer. And are you going to follow that
22 answer that question by your attorney. And are you 22 instruction and not answer that question?
23 going to follow that instruction and not answer the 23 A. Yes.
24 question? 24 Q. Have you reviewed any documents in preparation
25 A. Yes. 25 for this deposition?
Page 19 Page 21
1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct
2 Q. What was the third time that you had a meeting 2 A. Only the deposition documents themselves and
3 with the lawyers of Kolmar about these cases? 3 my resume or CV.
4 A. I believe it was two weeks ago, ten days to 4 Q. All right.
5 two weeks. 5 Have you reviewed any historical Kolmar
6 Q. And how long did that meeting last? 6 records in preparation for this deposition?
7 A. Approximately the same amount of time, three 7 A. No.
8 to four hours. 8 Q. Let me direct your attention to Exhibit 1A.
9 Q. And where did that meeting take place? 9 And, just for the record, I'm referring to Exhibit
10 A. That meeting took place at this location. 10 1A which is a Cross-Notice to Take Deposition Upon
11 Q. At this hotel? 11 Oral Examination of Ronald Yakupcin For All Cases in
12 A. Yes, this hotel. 12 Which Kolmar Laboratories is a Defendant in the New
13 Q. All right. 13 York City Asbestos Litigation filed by Mr. Fegan.
14 And I may have asked you, but, the second 14 Do you see that?
15 meeting that you described, was that also at the 15 A. Yes, I do.
16 offices of Kolmar? 16 Q. All right.
17 A. Yes, I believe it was. 17 Now, before you were served with a Subpoena in
18 Q. All right. 18 these cases, have you ever been contacted by anyone
19 And then you met about ten days to two weeks 19 from Kolmar regarding any legal case involving talc?
20 ago at this hotel for another three to four hours. 20 A. No, I don't believe I had.
21 And was that with Mr. Fegan again? 21 Q. Prior to you being subpoenaed in this case,
22 A. Yes. 22 had you ever been asked to provide information to
23 Q. Were any other lawyers of Kolmar present? 23 Kolmar about what you knew about asbestos and talc?
24 A. I don't believe so. 24 A. No.
25 Q. Was anyone else present at that third meeting 25 Q. All right.
6 (Pages 18 - 21)
Priority-One Court Reporting Services Inc. – A Veritext Company
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1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct
2 So I'd like to refer your attention to Exhibit 2 A. Yes.
3 1B to your deposition. And Exhibit 1B, it's in 3 Q. And when you went to work at Kolmar, and the
4 front of you, is your resume that you brought with 4 full name of the company that you have on your
5 you; is that right? 5 resume is Kolmar Laboratories Inc., correct?
6 A. Yes. 6 A. Yes.
7 Q. All right. 7 Q. And if I refer to Kolmar today you'll
8 And one thing that your resume does not have 8 understand that I'm talking about that company?
9 on it is your educational background. And did you 9 A. Yes.
10 graduate college, sir? 10 Q. All right.
11 A. Yes. 11 So when you went to work for Kolmar in 1969,
12 Q. Where did you graduate college from? 12 where did you -- where were you working? What was
13 A. I graduated college from Kings College in 13 the location?
14 Westbury, Pennsylvania. 14 A. In Port Jervis.
15 Q. Kings College? 15 Q. All right.
16 A. Yes. 16 A. New York.
17 Q. And what was your degree in? 17 Q. And was that at the company's executive
18 A. BS in biology, minor in chemistry. 18 offices, was that the same place where the
19 Q. What year did you graduate? 19 executives of the company worked?
20 A. 1966. 20 A. Yes.
21 Q. And do you have any other formal education 21 Q. And it says here that you started as a chemist
22 degrees? 22 for the company; is that right?
23 A. No other degrees. But, I took an additional 23 A. Junior chemist.
24 year of postgraduate education which I needed to do 24 Q. All right.
25 so I could become a teacher. 25 And when did you go from being a junior
Page 23 Page 25
1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct
2 Q. Okay. 2 chemist at Kolmar to a senior chemist?
3 And what was the one year of postgraduate 3 A. Within three years I became a senior chemist.
4 education that you did? 4 Q. All right.
5 A. It was regarding teaching certification. 5 So by approximately 1972 you were a senior
6 Q. Okay.
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 11 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF NEW YORK 4 5 IN RE: NEW YORK CITY ASBESTOS LITIGATION 6 7 8 DEPOSITION UNDER ORAL 9 EXAMINATION OF 10 RONALD YAKUPCIN 11 12 This Document Applies To: 13 MARY BLACK, et al. Index No: 190016/2017 REBECCA BREWER Index No: 190367/2016 14 BEVERLY CROZIER, et al. Index No: 190385/2016 MICHAEL DAVIES Index No: 190348/2017 15 SANDRA HAMMOCK, et al. Index No: 190215/2015 KARLENE HOLLEMAN Index No: 190077/2018 16 STEPHANIE MILLER Index No: 190188/2017 SHIRLEY NIEMEYER Index No: 190156/2017 17 AND 18 ALL CASES IN WHICH KOLMAR LABORATORIES, INC. 19 IS A DEFENDANT 20 21 PRIORITY-ONE COURT REPORTING, INC. 22 290 West Mount Pleasant Avenue, Suite 2260 23 Livingston, New Jersey 07039 24 (718) 983-1234 25 JOB NO.: 3841411 Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 2 Page 4 1 1 2 APPEARANCES (continued): 2 3 LANDMAN, CORSI, BALLAINE & FORD, P.C. One Gateway Center, 4th Floor 3 Transcript of the deposition of RONALD YAKUPCIN, 4 Newark, New Jersey 07102 By: ADRIANNA RUDZINSKY, ESQ. 4 called for Oral Examination in the above-captioned matter, said 5 Attorneys for the Defendant Whittaker, Clark & Daniels 5 deposition being taken pursuant to Federal Rules of Civil 6 6 Procedure by and before ELEANOR SEKULIC, a Notary Public and HAWKINS, PARNELL & YOUNG, LLP 7 600 Lexington Avenue, 8th Floor 7 Shorthand Reporter, at HAMPTON INN, 122 Westfall Town Dr., New York, New York 10022-7678 8 By: TIMOTHY M. McCANN, ESQ. 8 Matamoras, Pennsylvania 18336, on Thursday, January 23, 2020, Attorneys for the Defendant 9 Revlon, Inc. 9 commencing at 10:06 a.m. 10 CLYDE & CO US, LLP 10 The Chrysler Building 11 405 Lexington Avenue, 16th Floor 11 New York, New York 10174 12 By: JEFFREY FEGAN, ESQ. 12 Attorneys for the Defendants 13 13 Kolmar Laboratories, Inc., and Ronald Yakupcin 14 FOLEY & MANSFIELD, PLLP 14 101 South Haney Road, Suite 600 15 St. Louis, Missouri 63105 15 By: BENJAMIN J. HEGVIK, ESQ. (Via Telephone) 16 Attorneys for the Defendant 16 Avon Products, Inc. 17 17 SIMMONS, HANLY, CONROY, LLC 18 18 112 Madison Avenue, 7th Floor New York, New York 10016 19 19 By: OLIVIA KELLY, ESQ. (Via Telephone) 20 Attorneys for the Plaintiffs 20 English, Minassian and Titley in a related matter 21 21 PORZIO, BROMBERG & NEWMAN, PC 100 Southgate Parkway 22 22 Morristown, New Jersey 07960 By: MICHELLE M. BURKE, ESQ. (Via Telephone) 23 23 Attorneys for the Defendant 24 Church & Dwight Co., Inc. 24 25 25 Page 3 Page 5 1 A P P E A R A N C E S: 1 2 LEVY KONIGSBERG, LLP 2 APPEARANCES (continued): 800 Third Avenue, 11th Floor 3 CETRULO, LLP 3 New York, New York 10022 Two Seaport Lane, 10th Floor By: JEROME BLOCK, ESQ. 4 Boston, Massachusetts 02210 4 Attorneys for the Plaintiffs By: JASON M. SAUL, ESQ. (Via Telephone) 5 GORDON REES SCULLY MANSUKHANI, LLP 5 Attorneys for the Defendant One Battery Park Plaza American Talc Co. 6 New York, New York 10004 6 By: ERIK DiMARCO, ESQ. HOAGLAND, LONGO, MORAN, DUNST & DOUKAS, LLP 7 Attorneys for the Defendant 7 40 Paterson Street Colgate (Mennen) (Davies case only) New Brunswick, New Jersey 08903 8 GORDON REES SCULLY MANSUKHANI, LLP 8 By: DANIEL R. KUSZMERSKI, ESQ. (Via Telephone) 9 One Battery Park Plaza Attorneys for the Defendant New York, New York 10004 9 Brenntag Specialties 10 By: VIRGINIA SQUITIERI, ESQ. 10 GORDON, REES, SCULLY & MANSUKHANI, LLP Attorneys for the Defendant 18 Columbia Turnpike, #220 11 Colgate Palmolive 11 Florham Park, New Jersey 07932 12 ORRICK, HERRINGTON & SUTCLIFFE, LLP By: LEE HENIG-ELONA, ESQ. (Via Telephone) 51 West 52nd Street 12 Attorneys for the Defendant 13 New York, New York 10019-6142 Estee Lauder, Inc. By: LISA SIMPSON, ESQ. 13 14 Attorneys for the Defendant LITCHFIELD CAVO, LLP Johnson & Johnson 14 420 Lexington Avenue, Suite 2140 15 New York, New York 10170 HOLLAND & KNIGHT, LLP 15 By: ANDREW SAPON, ESQ. (Via Telephone) 16 31 West 52nd Street, 12th Floor Attorneys for the Defendant New York, New York 10019 16 Cyprus Amax Minerals Company 17 By: ESTHER CLOVIS, ESQ. 17 MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, P.C. Attorneys for the Defendant 530 Saw Mill River Road 18 Puig, USA 18 Elmsford, New York 10523 19 LOWENSTEIN SANDLER, LLP By: WALDER H. THAME-TURNER, ESQ. (Via Telephone) 1251 Avenue of the Americas 19 Attorneys for the Defendant 20 New York, New York 10020 Columbia Boiler Company of Pottstown By: GAVIN ROONEY, ESQ. 21 Attorneys for the Defendant 20 Conopco GOLDBERG SEGALLA LLP 22 21 1037 Raymond Boulevard, Suite 1010 RENZULLI LAW FIRM, LLP Newark, New Jersey 07102-5423 23 One North Broadway, Suite 1005 22 By: DAVID E. RUTKOWSKI, ESQ. (Via Telephone) White Plains, New York 10601 Attorneys for the Defendants 24 By: JOAN GASIOR, ESQ. (Via Telephone) 23 The Procter & Gamble Company, and Shulton, Inc. Attorneys for the Defendant 24 25 Barretts Minerals Inc. 25 2 (Pages 2 - 5) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 6 Page 8 1 1 2 APPEARANCES (continued): 2 3 LEADER, BERKON, COLAO & SILVERSTEIN, LLP INDEX TO EXHIBITS (continued): 630 Third Avenue, Suite 17 3 4 New York, New York 10017 NUMBER: DESCRIPTION: PAGE: By: BRIAN CIFUENTES, ESQ. (Via Telephone) 4 P-18 Identification and Quantitation of Asbestos in Talc, 5 Attorneys for the Defendant 5 Environmental Health Perspectives, Helen of Troy Ltd. Vol. 9, pp. 95-109, 1974 101 6 6 P-19 Document Bates Stamped DARGER, ERRANTE, YAVITZ & BLAU, LLP JNJNL61_000020521 - JNJNL61_000020523 7 116 East 27th Street, 12th Floor 7 P-20 Document Bates Stamped New York, New York 10016 J&J-0098786 - J&J-0098787 106 8 By: BRIAN SEXTON, ESQ. (Via Telephone) 8 P-21 Document Bates Stamped Attorneys for the Defendant JNJNL61_000036312 - JNJNL61_000036315 119 9 Union Carbide (in the Davies matter) 9 P-22 Document Bates Stamped 10 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER, LLP KOL000002 - KOL000010 136 150 East 42nd Street 10 P-24A Document Bates Stamped 11 New York, New York 10017 JNJTALC000889429 - JNJTALC000889430 144 By: BRIAN P. MANGAN, ESQ. (Via Telephone) 11 P-25 Document Bates Stamped 12 Attorneys for the Defendant JNJ 000298185 - JNJ 000298190 148 Chevron USA, Inc. (In the Davies matter) 12 P-26 Document Bates Stamped JNJ 000867854 - 000867859 154 13 13 P-27 Document Bates Stamped HAWKINS, PARNELL & YOUNG, LLP JNJNL61_000118827 - JNJNL61_000118832 14 600 Lexington Avenue, 8th Floor 14 P-29 Document Bates Stamped New York, New York 10022-7678 IMERYS 006674 150 15 By: ALFRED SARGENTE, ESQ. (Via Telephone) 15 P-30 Document Bates Stamped Attorneys for the Defendant IMERYS 006671 166 16 American International Industries (in the Davies matter) 16 P-31 Document Bates Stamped 17 HARRIS BEACH, PLLC JNJMX68_000010815 - JNJMX68_000010817 163 100 Wall Street 17 P-32 Document Bates Stamped 18 New York, New York 10005 JNJ 000244562 and JNJ 000244555 165 By: SYED K. RIZVI, ESQ. (Via Telephone) 18 P-33 Document Bates Stamped 19 Attorneys for the Defendant IMERYS 209426 - IMERYS 209429 171 GlaxoSmithKline 19 P-35 Document Bates Stamped 20 IMERYS 006534 - IMERYS 006535 171 20 P-36A Document Bates Stamped O'TOOLE SCRIVO, LLC JNJTALC000889326 - JNJTALC000889367 179 21 14 Village Park Road 21 P-37 Document Bates Stamped Cedar Grove, New Jersey 07009 JNJMX68_000002297 - JNJMX68_000002299 189 22 By: ELIAS ARROYO, ESQ. (Via Telephone) 22 P-39 Document Bates Stamped Attorneys for the Defendant JNJMX68_000000860 - JNJMX68_000000870 190 23 Clark Reliance 23 P-40 Document Bates Stamped 24 ALSO PRESENT: AV_PERALTA-000985 195 Robert Benimoff, Videographer 24 25 25 Page 7 Page 9 1 1 2 I N D E X T O W I T N E S S E S: 3 WITNESS: EXAMINATION BY: PAGE: 2 Ronald Yakupcin Mr. Block - Direct 12 INDEX TO EXHIBITS (continued): 4 Ms. Kelly - Cross 215 Ms. Simpson - Cross 219 3 5 NUMBER: DESCRIPTION: PAGE: I N D E X T O E X H I B I T S: 4 P-44 Document Bates Stamped 6 NUMBER: DESCRIPTION: PAGE: P-1 Amended Notice of Deposition 11 AV_PROKOCIM-00003197 and 7 P-1A Cross-Notice of Deposition 11 5 AV_PROKOCIM-00003200 196 P-1B Curriculum Vitae 11 P-45 Document Bates Stamped 8 P-1C Document Bates Stamped JNJNL61_000001126 11 6 KOL000005 201 9 P-2 Document Bates Stamed P-46 Document Bates Stamped KOLM-MAO3605-0011 - KOLM-MA03605-00 30 10 P-3 Project Cost Record 1/2/73 38 7 IMERYS 096111 202 P-4 Document Bates Stamped P-48 Document Bates Stamped 11 KOLM-MAO605-0010 38 8 IMERYS 337674 205 P-5 Document Bates Stamped 12 KOLM-MAO3605-0007 38 P-51 Document Bates Stamped P-6 Document Bates Stamped 9 IMERYS 337671 - IMERYS 337672 206 13 KOLM-MA03605-0005 38 P-52 Document Bates Stamped P-7 Document Bates Stamped 14 KOLM-MAO3605-0003 - KOLM-MAO3605-0004 38 10 IMERYS 337657 210 P-8 CTFA Meeting Minutes 11/11/73 38 P-54 Document Bates Stamped 15 P-9 Document Bates Stamped JNJNL61_000030187 - JNJNL61_000030190 77 11 IMERYS 196669 - IMERYS 196675 207 16 P-10 Document Bates Stamped 12 WCD000242 - WCD000246 81 13 17 P-11 Document Bates Stamped WCD000227 - WCD000231 86 14 18 P-12 Document Bates Stamped 15 PFI_KA_00000683 - PFI_KA_00000695 91 19 P-13 New York Times Article 3/10/76 16 Asbestos Found In Ten Powders 112 17 20 P-14 Document Bates Stamped 18 PFI_MO_00001785 - PFI_MO_OOOO1786 113 21 19 P-15 Consumer Talcums And Powders: Mineral 20 22 And Chemical Characterization, 21 Journal of Toxicology and Environmental 23 Health 1976 116 22 P-16 Document Bates Stamped 23 24 JNJNL61_000034856 - JNJNL61_000034857 P-17 Document Bates Stamped 24 25 QE-CPC00001142 - QE-CPC00001151 97 25 3 (Pages 6 - 9) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 10 Page 12 1 1 Ronald Yakupcin - Direct 2 2 swear in the witness. 3 IT IS HEREBY STIPULATED AND AGREED by and between the 3 THE COURT REPORTER: Could you 4 attorneys for the respective parties hereto that filing, sealing 4 raise your right hand, sir? Do you swear the 5 and certification of the within Examination Before Trial be 5 testimony you are about to give will be the truth, 6 waived; that all objections, except as to form, are reserved to 6 the whole truth and nothing but the truth, so help 7 the time of trial. 7 you God? 8 8 THE WITNESS: I do. 9 IT IS FURTHER STIPULATED AND AGREED that the transcript may 9 THE COURT REPORTER: Could you 10 be signed before any NOTARY PUBLIC with the same force and 10 state your name and spell your last name, please? 11 effect as if signed before a Clerk or Judge of the Court. 11 THE WITNESS: Ronald 12 12 Y-A-K-U-P-C-I-N. 13 IT IS FURTHER STIPULATED AND AGREED that the within 13 THE COURT REPORTER: Thank you. 14 examination may be utilized for all purposes as provided by the 14 THE VIDEOGRAPHER: Thank you. We 15 CPLR. 15 may proceed. 16 16 17 IT IS FURTHER STIPULATED AND AGREED that all rights 17 R O N A L D Y A K U P C I N, having first 18 provided to all parties by the CPLR shall not be deemed waived 18 been duly sworn according to law by the Court 19 and the appropriate sections of the CPLR shall be controlling 19 Reporter, testifies as follows: 20 with respect thereto. 20 21 21 DIRECT EXAMINATION BY 22 IT IS FURTHER STIPULATED AND AGREED by and between the 22 MR. BLOCK: 23 attorneys for the respective parties hereto that a copy of the 23 Q. Good morning, sir. Could you state your full 24 Examination shall be furnished, without charge, to the attorney 24 name for the record? 25 representing the witness testifying herein. 25 A. Ronald Yakupcin. Page 11 Page 13 1 1 Ronald Yakupcin - Direct 2 2 Q. Mr. Yakupcin, I'd like to direct your 3 (Whereupon, Plaintiffs' Exhibits 3 attention to Exhibit 1 to your deposition. It has a 4 1, 1A, 1B and 1C are marked For Identification.) 4 sticker on the bottom right corner that says one. 5 THE VIDEOGRAPHER: Good morning. 5 Do you see that? 6 We are now going on the record at approximately 6 A. Yes. 7 10:06 a.m. on January 23rd, 2020. Please note that 7 Q. All right. 8 the microphones are sensitive and they may pick up 8 And Exhibit 1 states Amended Notice of 9 private conversation and cellular interference. 9 Deposition, and there's a number of cases listed 10 Please turn off all cell phones or place them away 10 here, and you see your name here, Mr. Ronald 11 from the microphones, as they can interfere with the 11 Yakupcin? 12 deposition audio. Audio and video recording will 12 A. Yes. 13 continue to take place until all parties agree to go 13 Q. Okay. 14 off the record. This is Media Unit 1 of the 14 And if you turn the page there is a Subpoena 15 videotaped deposition of Ronald Yakupcin in the 15 attached. And do you understand that you were 16 matter of In Re: New York City Asbestos Litigation 16 served with a Subpoena to testify in these cases? 17 Mary Black, et al. Versus Kolmar Laboratories, et 17 A. Yes. 18 al., filed in the County of New York. My name is 18 Q. And you are here today because the Plaintiffs 19 Robert Benimoff representing Veritext. I am not 19 in the cases served you with a Subpoena requiring 20 authorized to administer an oath. I am not related 20 you to come and give testimony, correct? 21 to any party in this action nor am I financially 21 A. Yes. 22 interested in the outcome. All appearances will be 22 Q. And the Subpoena includes a request for 23 made on the stenographic record. If anyone has any 23 documents. And when you were served with the 24 objections, please state them at this time. 24 Subpoena, did you look at the request for documents? 25 Will the court reporter please 25 A. Yes. 4 (Pages 10 - 13) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 14 Page 16 1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct 2 Q. And I understand you brought your resume here 2 Q. All right. 3 today; is that correct? 3 And since the time you were served with the 4 A. Yes. 4 Subpoena, how many telephone calls or meetings have 5 Q. Other than your resume, do you have any other 5 you had with the attorneys from Kolmar? 6 documents that are responsive to any of the document 6 A. I believe we have had four meetings. 7 categories that were requested in your Subpoena? 7 Q. And when did the first meeting take place? 8 A. No. 8 A. I believe it was sometime in October. 9 Q. Do you have any documents in your possession, 9 Q. And where did that meeting occur? 10 custody or control relating to Kolmar, et al.? 10 A. It occurred at Kolmar. 11 A. No. 11 Q. At the offices of Kolmar? 12 Q. Now, the Subpoena that you were served with 12 A. Yes. 13 states that you are not a defendant in these 13 Q. And is that the offices of Kolmar in Port 14 lawsuits, but rather a non-party witness from whom 14 Jervis, New York? 15 facts and documents relating to this case are 15 A. Yes. 16 sought. Do you see that? 16 Q. And who was at that meeting in approximately 17 A. Yes, I do. 17 October of 2019 with you and the lawyers from 18 Q. And you understand that you personally are not 18 Kolmar? 19 a defendant in this case? Do you understand that? 19 A. The lawyers from Kolmar. 20 A. Yes. 20 Q. All right. 21 Q. Okay. 21 And which ones? 22 And is it true that after you were served with 22 A. Mr. Fegan and Mr. Oetheimer. 23 a Subpoena that you know that my law firm, Levy 23 Q. How do you spell the name of that last person 24 Konigsberg, attempted to contact you by phone? 24 you identified? 25 A. Yes. 25 A. I believe it's O-E-T-H-E-I-M-E-R. Page 15 Page 17 1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct 2 Q. Okay. 2 Q. All right. 3 And is it true that you declined to take any 3 And is he an employee of Kolmar? 4 phone calls from my firm, Levy Konigsberg, when we 4 A. No. 5 attempted to contact you? 5 Q. All right. 6 A. On the advice of attorney, I did. 6 And what's your understanding of what law firm 7 Q. Okay. 7 or company Mr., is it Oetheimer? 8 And when you say "on the advice of an 8 A. Oetheimer. 9 attorney," who are you referring to? 9 Q. Oetheimer works for? 10 A. I'm referring to the attorney on my right, 10 A. I don't remember. 11 Mr. Fegan. 11 Q. Okay. 12 Q. Okay. 12 And how long did that meeting go for? How 13 And after you were served with the Subpoena, 13 long was it in October of 2019? 14 am I correct that you became represented by an 14 A. Several hours. 15 attorney for this matter, correct? 15 Q. What's your best estimate of the number of 16 A. Yes. 16 hours? 17 Q. And the attorneys who are representing you in 17 A. Three to four. 18 this matter are the attorneys for Kolmar 18 Q. And were you shown any documents at that 19 Laboratories, correct? 19 meeting? 20 A. Yes. 20 MR. FEGAN: Objection. Don't 21 Q. All right. 21 answer. Privilege. 22 So, the same attorneys that represent Kolmar 22 Q. All right. 23 Laboratories in these cases are representing you for 23 And there's been an objection and an 24 this deposition, correct? 24 instruction for you not to answer. And are you 25 A. Yes. 25 going to follow that instruction and not answer the 5 (Pages 14 - 17) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 18 Page 20 1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct 2 question? 2 other than Mr. Fegan? 3 A. Yes. 3 A. No. 4 Q. All right. 4 Q. All right. 5 What was the next time -- you said there were 5 And how about the fourth time you met with 6 four meetings. What was the next meeting? When did 6 lawyers from Kolmar, when was that? 7 it occur? 7 A. A week ago. 8 A. I think it was sometime in November. 8 Q. And who attended that meeting? 9 Q. And who was at that meeting? 9 A. Mr. Fegan and Mr. Oetheimer. 10 A. I believe it was Mr. Fegan. 10 Q. Where did that meeting take place? 11 Q. Okay. 11 A. Here at the Hampton Inn. 12 One of the Kolmar lawyers? 12 Q. And how long was that meeting? 13 A. Yes. 13 A. Approximately four, four or five hours. 14 Q. All right. 14 Q. All right. 15 And how long did that second meeting last for? 15 And at the third and fourth meetings that took 16 A. Approximately three to four hours. 16 place at the hotel with the Kolmar lawyers, did you 17 Q. And were you shown any documents at that 17 review any documents at those meetings? 18 second meeting? 18 MR. FEGAN: Objection. Don't 19 MR. FEGAN: Same objection. Don't 19 answer. Privilege. 20 answer. Privilege. 20 Q. And there's been an instruction by your lawyer 21 Q. And there's been an instruction for you not to 21 not to answer. And are you going to follow that 22 answer that question by your attorney. And are you 22 instruction and not answer that question? 23 going to follow that instruction and not answer the 23 A. Yes. 24 question? 24 Q. Have you reviewed any documents in preparation 25 A. Yes. 25 for this deposition? Page 19 Page 21 1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct 2 Q. What was the third time that you had a meeting 2 A. Only the deposition documents themselves and 3 with the lawyers of Kolmar about these cases? 3 my resume or CV. 4 A. I believe it was two weeks ago, ten days to 4 Q. All right. 5 two weeks. 5 Have you reviewed any historical Kolmar 6 Q. And how long did that meeting last? 6 records in preparation for this deposition? 7 A. Approximately the same amount of time, three 7 A. No. 8 to four hours. 8 Q. Let me direct your attention to Exhibit 1A. 9 Q. And where did that meeting take place? 9 And, just for the record, I'm referring to Exhibit 10 A. That meeting took place at this location. 10 1A which is a Cross-Notice to Take Deposition Upon 11 Q. At this hotel? 11 Oral Examination of Ronald Yakupcin For All Cases in 12 A. Yes, this hotel. 12 Which Kolmar Laboratories is a Defendant in the New 13 Q. All right. 13 York City Asbestos Litigation filed by Mr. Fegan. 14 And I may have asked you, but, the second 14 Do you see that? 15 meeting that you described, was that also at the 15 A. Yes, I do. 16 offices of Kolmar? 16 Q. All right. 17 A. Yes, I believe it was. 17 Now, before you were served with a Subpoena in 18 Q. All right. 18 these cases, have you ever been contacted by anyone 19 And then you met about ten days to two weeks 19 from Kolmar regarding any legal case involving talc? 20 ago at this hotel for another three to four hours. 20 A. No, I don't believe I had. 21 And was that with Mr. Fegan again? 21 Q. Prior to you being subpoenaed in this case, 22 A. Yes. 22 had you ever been asked to provide information to 23 Q. Were any other lawyers of Kolmar present? 23 Kolmar about what you knew about asbestos and talc? 24 A. I don't believe so. 24 A. No. 25 Q. Was anyone else present at that third meeting 25 Q. All right. 6 (Pages 18 - 21) Priority-One Court Reporting Services Inc. – A Veritext Company 718-983-1234 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 96 RECEIVED NYSCEF: 07/10/2023 Page 22 Page 24 1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct 2 So I'd like to refer your attention to Exhibit 2 A. Yes. 3 1B to your deposition. And Exhibit 1B, it's in 3 Q. And when you went to work at Kolmar, and the 4 front of you, is your resume that you brought with 4 full name of the company that you have on your 5 you; is that right? 5 resume is Kolmar Laboratories Inc., correct? 6 A. Yes. 6 A. Yes. 7 Q. All right. 7 Q. And if I refer to Kolmar today you'll 8 And one thing that your resume does not have 8 understand that I'm talking about that company? 9 on it is your educational background. And did you 9 A. Yes. 10 graduate college, sir? 10 Q. All right. 11 A. Yes. 11 So when you went to work for Kolmar in 1969, 12 Q. Where did you graduate college from? 12 where did you -- where were you working? What was 13 A. I graduated college from Kings College in 13 the location? 14 Westbury, Pennsylvania. 14 A. In Port Jervis. 15 Q. Kings College? 15 Q. All right. 16 A. Yes. 16 A. New York. 17 Q. And what was your degree in? 17 Q. And was that at the company's executive 18 A. BS in biology, minor in chemistry. 18 offices, was that the same place where the 19 Q. What year did you graduate? 19 executives of the company worked? 20 A. 1966. 20 A. Yes. 21 Q. And do you have any other formal education 21 Q. And it says here that you started as a chemist 22 degrees? 22 for the company; is that right? 23 A. No other degrees. But, I took an additional 23 A. Junior chemist. 24 year of postgraduate education which I needed to do 24 Q. All right. 25 so I could become a teacher. 25 And when did you go from being a junior Page 23 Page 25 1 Ronald Yakupcin - Direct 1 Ronald Yakupcin - Direct 2 Q. Okay. 2 chemist at Kolmar to a senior chemist? 3 And what was the one year of postgraduate 3 A. Within three years I became a senior chemist. 4 education that you did? 4 Q. All right. 5 A. It was regarding teaching certification. 5 So by approximately 1972 you were a senior 6 Q. Okay.