Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 33
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 118 Mark Pollack
RECEIVED
Mark Pollack
NYSCEF: 07/10/2023
1 UNITED STATES DISTRICT COURT 1 Deposition of MARK POLLACK, held at the offices
2 DISTRICT OF NEW JERSEY 2 of:
3
3
4 ------------------------------x
5 IN RE JOHNSON & JOHNSON ) MDL No. 4
6 TALCUM POWDER PRODUCTS ) 16-2738 (FLW)(LHG) 5 SEYFARTH SHAW LLP
7 MARKETING SALES PRACTICES, ) 6 975 F Street, N.W.
8 AND PRODUCTS LIABILITY )
7 Washington, DC 20004
9 LITIGATION )
10 ) 8
11 THIS DOCUMENT RELATES TO ) 9
12 ALL CASES )
10
13 ------------------------------x
11
14
VIDEOTAPED 30(b)(6) DEPOSITION OF DEFENDANT 12 Pursuant to notice, before Leslie Anne Todd, Court
15 PERSONAL CARE PRODUCTS COUNCIL, 13 Reporter and Notary Public in and for the District of
by and through its Designated Representative,
14 Columbia, who officiated in administering the oath to
16
15 the witness.
MARK POLLACK
17 16
WASHINGTON, D.C. 17
18
18
WEDNESDAY, AUGUST 29, 2018
19
19
9:30 A.M. 20
20 21
21
22
22
23
23
24 Reported by: Leslie A. Todd 24
Golkow Litigation Services Page 1 Golkow Litigation Services Page 2
Mark Pollack Mark Pollack
1 A P P E A R A N C E S 1 APPEARANCES (Continued):
2 2 ON BEHALF OF PCPC AND THE WITNESS:
3 ON BEHALF OF THE PLAINTIFFS: 3 THOMAS LOCKE, ESQUIRE
4 RICHARD M. GOLOMB, ESQUIRE 4 SEYFARTH SHAW LLP
5 GOLOMB & HONIK 5 975 F Street, NW
6 1835 Market Street 6 Washington, DC 20004
7 Suite 2900 7 (202) 463-2400
8 Philadelphia, Pennsylvania 19103 8
9 (215) 985-9177 9 ON BEHALF OF JOHNSON & JOHNSON DEFENDANTS:
10 10 JACK N. FROST, JR., ESQUIRE
11 P. LEIGH O'DELL, ESQUIRE 11 DRINKER BIDDLE & REATH, LLP
12 RYAN BEATTIE, ESQUIRE 12 600 Campus Drive
13 BEASLEY ALLEN LAW FIRM 13 Florham Park, New Jersey 07932-1047
14 218 Commerce Street 14 (973) 549-7338
15 Montgomery, Alabama 36103-4160 15
16 (800) 898-2034 16 SANDRA J. WUNDERLICH, ESQUIRE
17 17 TUCKER ELLIS, LLP
18 MICHELLE PARFITT, ESQUIRE 18 100 South 4th Street
19 ASHCRAFT & GEREL, LLP 19 Suite 600
20 4900 Seminary Road, Suite 650 20 St. Louis, Missouri 63102
21 Alexandria, Virginia 22311 21 (314) 256-2544
22 (703) 997-1774 22
23 23
24 24
Golkow Litigation Services Page 3 Golkow Litigation Services Page 4
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 118 Mark Pollack
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Mark Pollack
NYSCEF: 07/10/2023
1 APPEARANCES (Continued): 1 C O N T E N T S
2 2 EXAMINATION OF MARK POLLACK PAGE
3 ON BEHALF OF THE IMERYS DEFENDANTS: 3 By Mr. Golomb 8
4 JONATHAN F. DONATH, ESQUIRE 4
5 COUGHLIN DUFFY, LLP 5
6 350 Mount Kemble Avenue 6
7 Morristown, New Jersey 07962 7 E X H I B I T S
8 (973) 267-0058 8 (Attached to transcript)
9 9 POLLACK DEPOSITION EXHIBITS PAGE
10 CATHERINE SLAVIN, ESQUIRE 10 No. 1 The Plaintiffs' Steering Committee's
11 GORDON & REES SCULLY MANSUKHANI, LLP 11 Second Amended Notice of the
12 Three Logan Square 12 30(b)(6) Deposition of Defendant
13 1717 Arch Street, Suite 610 13 Personal Care Products Council 30
14 Philadelphia, Pennsylvania 19103 14 No. 2 PCPC Organizational Chart 33
15 (215) 717-4006 15 No. 3 Document with title "Talc IP -
16 16 Revenue Received" 61
17 ALSO PRESENT: 17 No. 4 Document entitled "Payments to
18 EMILY H. MANOSO, Staff Counsel, PCPC 18 Entities Identified in Plaintiffs'
19 THOMAS F. MYERS, Staff Counsel, PCPC 19 Notice of Deposition" 112
20 20 No. 5 CTFA Mission Statement, Bates
21 DANIEL HOLMSTOCK (Videographer) 21 PCPC0052417 127
22 JONATHAN VADERS (Technical Support) 22 No. 11 Bates IMERYS 118791 93
23 ZACH HONE (Technical Support) 23 No. 12 Bates IMERYS 118792 132
24 24
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Mark Pollack Mark Pollack
1 P R O C E E D I N G S 1 Q Good morning, Mr. Pollack. My name is
2 ------------------- 2 Richard Golomb. We met several years ago when I
3 THE VIDEOGRAPHER: We are now on the 3 took your deposition in -- in another one of these
4 record. My name is Daniel Holmstock. I am the 4 cases.
5 videographer for Golkow Litigation Services. 5 Do you recall that?
6 Today's date is August 29th, 2018, and the time is 6 A Yes, I recall.
7 9:30 a.m. 7 Q And if you could keep your --
8 This video deposition is being held in 8 A Yeah.
9 the law offices of Seyfarth Shaw, LLP, at 975 9 Q -- voice up so everybody --
10 F Street, Northwest, in Washington, D.C., in the 10 A Yes, I recall.
11 matter of In Re: Johnson & Johnson Talc-Based 11 Q -- in the room can hear you.
12 Powder Products Marketing, Sales Practices, and 12 And in preparation for your deposition
13 Products Liability Litigation. It is pending 13 here today, did you have a chance to read your
14 before the United States District Court for the 14 deposition transcript from that prior deposition?
15 District of New Jersey, MDL No. 16-2738. 15 A Yes, I did.
16 The deponent today is Mr. Mark Pollack. 16 Q All right. Let me just mention a couple
17 Counsel will be noted on the 17 of things. As you -- I assume that you have seen
18 stenographic record. The court reporter is 18 the notice of deposition which requires your
19 Leslie A. Todd, who will now administer the oath. 19 attendance here today.
20 MARK POLLACK, 20 A Yes.
21 and having been first duly sworn, 21 Q All right. And we'll -- we'll go
22 was examined and testified as follows: 22 through that in a little bit more detail.
23 EXAMINATION BY COUNSEL FOR PLAINTIFFS 23 As you may know, the -- this deposition,
24 BY MR. GOLOMB: 24 unlike the prior deposition, is limited to some
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1 topics that we have agreed to cover with you 1 it may be later on in this litigation that you may
2 while other topics will be covered with Dr. Loretz 2 be required to give yet another deposition. I
3 and perhaps some other people from PCPC. 3 know you're looking forward to that, but you may
4 Do you understand? 4 have to.
5 A Yes. 5 Do you understand that?
6 Q All right. And your role in this 6 A Okay. Yes.
7 deposition is a little bit different than the 7 Q All right. Let -- let me also ask you
8 deposition previously. Do you understand that? 8 about -- you signed a verification to some answers
9 A Yes. 9 to interrogatories recently. Do you recall that?
10 Q So that you understand that your 10 A Yes, on Monday.
11 deposition -- and you certainly don't need to know 11 Q All right. And let me just -- we're
12 the rule, but it's under rule -- federal 12 going to go through some of these answers in a
13 Rule 30(b)(6). Have you heard that term before? 13 little bit more detail later. But let me just
14 A I don't recall. 14 show you page 31. There's a verification dated
15 Q Okay. But you do understand that the -- 15 August 27, 2018, and it has your signature on it.
16 the topics that are in the notice are the topics 16 Is that your signature?
17 that I'm going to be questioning you here today. 17 A Yes, it is.
18 A Yes. 18 Q And did you in fact sign that on
19 Q All right. And those topics have been 19 August 27th?
20 limited as a result of an order of the Special 20 A Yes, I did.
21 Master who's been appointed in this case. Do you 21 Q And when did you first see the
22 understand that? 22 questions, the interrogatories?
23 A Yes. 23 A I may have just seen them on that
24 Q All right. And so you understand that 24 Monday. Some of them I may have seen previously,
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Mark Pollack Mark Pollack
1 but I can't -- I can't be sure. 1 A No.
2 MR. GOLOMB: Okay. I just want to just 2 Q -- several years ago?
3 say for the record that we received the answers to 3 A No.
4 these interrogatories -- interrogatories on 4 Q All right. And how did you learn that
5 August 27th, 2018, at 4:45 p.m. There was an 5 you were going to be deposed?
6 agreement of counsel that these would be supplied 6 A I think Tom Myers, our in-house counsel,
7 a week in advance of this deposition. Obviously 7 shared with me the fact and may have -- may have
8 they weren't. So we -- we may -- after we look at 8 forwarded the notice. I don't recall.
9 the interrogatory answers in more detail and 9 Q Okay. And since you learned that you
10 compare them to some records, we may be required 10 were going to be deposed again, I -- I assume that
11 to come back and take another day of deposition on 11 you met with Mr. Myers in-house?
12 this 30(b)(6) notice. 12 A Right. As well as Tom Locke.
13 You don't need to respond to that. I 13 Q Okay. Did you have any meetings with
14 just wanted to let you know that that's -- that's 14 Mr. Myers alone?
15 a possibility. 15 A I don't think so.
16 BY MR. GOLOMB: 16 Q Did you speak to any other employees of
17 Q When did you first find out that you 17 PCPC from the time that you -- you received notice
18 were going to be deposed? 18 that you were going to be deposed until today?
19 A In this particular case? 19 A Not regarding the substance of the
20 Q Yeah. 20 deposition.
21 A I would -- a few months ago, I would 21 Q Were you aware that Linda Loretz was
22 think. 22 deposed?
23 Q And have you been deposed in any other 23 A Yes, I was.
24 cases other than the deposition I took of yours -- 24 Q How did you become aware that Linda
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1 Loretz was deposed? 1 A That I can't recall.
2 A Because I think I was copied on the 2 Q You may have?
3 e-mail stream of trying to find mutually agreeable 3 A But not -- but not in context of
4 dates for both of our depositions. 4 preparing for this.
5 Q Okay. And before Ms. Loretz was 5 Q Okay. What -- if not for preparing for
6 deposed, did you have any conversation with her 6 this, why else would you read Linda --
7 about her upcoming deposition? 7 A I don't --
8 A No, I did not. 8 Q Let me --
9 Q And since she's been deposed, did you 9 A I don't recall reading it.
10 have any conversation with her about her 10 Q Let me just give you one instruction.
11 deposition? 11 You're doing fine, but if you will allow
12 A No, I have not. 12 me to finish my question, I will allow you to
13 Q So you've never discussed with Linda 13 finish your answer. That way --
14 Loretz the content of either yours or her 14 A Sure.
15 depositions? 15 Q -- neither one of us gets in trouble
16 A Correct. 16 with the court reporter. Okay? Okay?
17 Q Did you read your deposition transcript? 17 A Yes.
18 A Yes, I did. 18 Q And you also have to give a verbal
19 Q Did you read Linda Loretz's deposition 19 response.
20 transcript? 20 A Yes.
21 A No. 21 Q All right. In what other context would
22 Q So you didn't read the deposition 22 you read the deposition if not -- if not to either
23 transcript that I -- of the deposition that I took 23 prepare for this deposition or to have a
24 of Linda Loretz several years ago? 24 conversation with somebody?
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Mark Pollack Mark Pollack
1 A I can't think of any other context. I 1 read it you said, That wasn't right, or, Boy, I
2 know in preparation for this, I did -- I had read 2 wish I hadn't said that?
3 the transcript of my original deposition whenever 3 A No.
4 the transcript became available last time, and I 4 Q Anything like that?
5 think I -- I noted there were a few errors in the 5 A Nothing.
6 transcription, and I did review that. And so in 6 Q So whatever you said to -- whatever your
7 preparation for today, I did read over that 7 answer was to whatever my question was at that
8 deposition last week. 8 earlier deposition, you stand by those answers?
9 I did not read Linda's and I have no 9 A Yes.
10 recollection that I have, but I don't want to say 10 Q When -- when did you learn that you were
11 definitely that I didn't. It was 11 going to be deposed?
12 two-and-a-half -- more than two-and-a-half years 12 A In this particular instance?
13 ago. 13 Q Yeah.
14 Q And when you say there were errors in 14 A I think in June or July.
15 the transcription, what do you mean? 15 Q And the meeting that you had -- well,
16 A There were -- they ask you to fill out a 16 strike that.
17 form on different words the transcriber got wrong. 17 You said you found out from Tom Myers.
18 Q Okay. 18 Was that in person?
19 A And that was filed with the deposition. 19 A It probably was on -- being copied on an
20 Q Was there any -- any errors in the 20 e-mail string.
21 substance of what you said? 21 Q And did you have a conversation with Tom
22 A I would say most of it was minor. 22 Myers?
23 Q And is there anything that you read in 23 A I -- I possibly did about this. I -- I
24 that deposition that you would now -- when you 24 don't recall. I talk to him about lots of things,
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1 so -- 1 would meet with Tom Locke to review it.
2 Q Okay. Well, have you ever had -- 2 Q Okay. And when was the first
3 since -- since you received notice in June or July 3 communication that you had with Tom Locke after
4 of 2018 that you were going to be deposed here 4 you learned that you were going to be deposed here
5 today, have you ever had a one-on-one conversation 5 today?
6 with Tom Myers about the fact that you were being 6 A Well, I met with him for the first time
7 deposed here today? 7 in preparation for this last week.
8 A I probably did in terms of the 8 Q Okay. So you had no conversation with
9 logistics. 9 Tom Locke in June?
10 Q Okay. Did you have any conversation 10 A I don't think so. I think it was all
11 with Tom Myers about the substance? 11 through e-mails trying to find mutually agreeable
12 A I don't think I did. Any conversation 12 dates.
13 would have been in the presence of Tom Locke. 13 Q And the -- you had no communications
14 Q And did you have any conversation 14 with Tom Locke other than the logistics of the
15 again -- I'm only restricting my questions to any 15 deposition in July?
16 one-on-one meetings that you may have had with Tom 16 A That's -- that's my recollection.
17 Myers. 17 Q And -- and your testimony here today is
18 Did you have any meeting, telephone 18 that the first time that you met with Tom Locke to
19 call, e-mail exchanges with Tom Myers about the -- 19 discuss your preparation for this deposition was
20 about either, A, the substance of your deposition 20 last week?
21 here today or, B, how to prepare for the 21 A That's correct.
22 deposition? 22 Q Okay. And when last week was that?
23 A Well, I think we did have a conversation 23 A I'm not even sure which day. Possibly
24 about how to prepare because we agreed that we 24 Tuesday or Wednesday. I don't recall.
Golkow Litigation Services Page 17 Golkow Litigation Services Page 18
Mark Pollack Mark Pollack
1 Q So either August 22nd or August -- 1 Q Did you review any documents during that
2 either August 21st or 22nd? 2 three-hour period?
3 A I think so, yeah. 3 A I don't think so.
4 Q And is that the first communication of 4 Q Did you review any documents to prepare
5 any kind you had with Tom Locke other than 5 yourself before you had that meeting last week
6 logistics of when to meet since you received 6 with Tom Locke?
7 notice of the -- received notice that you would be 7 A I reviewed a few things in the office to
8 deposed? 8 refresh my memory because they were topics that
9 A I'm fairly certain. 9 were discussed in the last deposition, and I
10 Q And how long did your meeting last on 10 wanted to be fresher on them.
11 Monday or Tuesday of last week? 11 Q Okay. What did -- what did you review?
12 A I think it was three hours or less. 12 A For example, the Cosmetic Ingredient
13 Q Okay. And without telling me about any 13 Review procedures that are online.
14 conversation that you may have had with Mr. Locke, 14 Q And specifically what is it that you
15 because that's a privileged communication, tell me 15 wanted to refresh your memory about as it relates
16 what you did during that three hours. 16 to the CIR?
17 A We reviewed some potential questions and 17 A So there were some topics in the -- in
18 some of the topics, what -- some of it was really 18 the last deposition that involved CIR, and I
19 to refresh my memory on the whole process and what 19 wanted to be -- and I knew also some of the
20 to expect today and what I was expected to cover. 20 procedures had changed in the last year, and I
21 Q And was -- and is -- at that time did 21 wanted to be fresher on them.
22 you also review the deposition notice with -- that 22 Q What procedures changed in the last
23 included the topics? 23 year?
24 A I actually don't recall. 24 A There were a few updates and elimination
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1 of redundancies, a couple of things that they 1 last Monday or Tuesday, what other documents did
2 hadn't done in 20 or more years that they felt 2 you review to help prepare yourself?
3 were no longer... 3 A He shared --
4 Q Give me an example of what you're 4 Q No, before you met.
5 talking about. 5 A I don't think I reviewed anything before
6 A I -- I can't even tell you off the top 6 I met with him.
7 of my head. They were really all pretty minor. 7 Q Other than the CIR review?
8 Q Okay. 8 A Right, and that was subsequent to our
9 A The CIR steering committee met in early 9 meeting.
10 June to review the proposed changes to the 10 Q Okay. So then let's just be clear, then
11 procedures and approve them then, and then they 11 you find out about the -- the deposition in June
12 were updated on our website. 12 or July. You have some conversation about
13 Q And in June of 2018? 13 logistics with Mr. Myers. Don't have any
14 A Correct. 14 conversations with Tom Locke. You may have had an
15 Q Okay. And do you know why those -- 15 exchange of e-mails to discuss logistics. You
16 those procedures were changed? 16 finally agreed on a date to meet, which was early
17 A Because they -- a few of the things were 17 to mid last week, and up until that time of that
18 no longer necessary or practical and were 18 meeting, you didn't review anything to assist you
19 outdated. I think the procedures hadn't been 19 in the preparation for today's deposition.
20 changed in ten or more years. 20 A Correct.
21 Q And were -- were those changes made at 21 Q And then you -- you go to meet with
22 all because of the talc litigation? 22 Mr. Locke, and you review some questions and some
23 A Nothing related to talc. 23 potential answers to your deposition, but again,
24 Q Okay. So before you met with Tom Locke 24 on that particular day in the three-hour meeting,
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Mark Pollack Mark Pollack
1 you don't review any documents. Is that your 1 A No, I don't think I did.
2 testimony? 2 Q Did you have any -- any homework
3 A Yes. 3 assignment, if you will, on what you should do
4 Q Okay. And so who else was in the room 4 next to help yourself prepare for the deposition?
5 when you met for three hours with Mr. Locke? 5 A No, and I don't remember the sequence of
6 A Tom Myers and Emily Manoso, who's our -- 6 events, whether I reviewed the transcript before
7 who also is a lawyer for the council. 7 or after that meeting.
8 Q Okay. And is that somebody who works -- 8 Q Okay. But you reviewed the transcript
9 A Right, she -- 9 of the prior deposition.
10 Q -- with Mr. Myers? 10 A Correct.
11 A Yes. She's in the room today. 11 Q But you did not review the deposition of
12 Q Okay. Anybody else in the room? 12 Linda Loretz.
13 A No. 13 A Not -- not recently. I -- again, I'm
14 Q Anybody from Mr. Locke's office in the 14 not sure whether I did two or more years ago.
15 room? 15 Q Okay. And when you -- when you left
16 A No. 16 Mr. Locke after that three-hour meeting, had you
17 Q And in -- at what time of day did this 17 scheduled your next meeting?
18 meeting take place? 18 A No, we hadn't.
19 A In the morning. 19 Q Did you have a next meeting?
20 Q And what time did it end? 20 A Yes.
21 A By 12:30. 21 Q When was the next meeting?
22 Q And did you have any -- after you met 22 A Yesterday.
23 with Mr. Locke that day, did you discuss what 23 Q Okay. And so -- and what time was that
24 happened at that meeting with -- with Mr. Myers? 24 meeting yesterday?
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1 A It was also in the morning. 1 meet on Monday.
2 Q And how long did that meeting last? 2 A No. Yesterday was Tuesday.
3 A Two, two-and-a-half hours maximum. 3 Q Yesterday. And that was the first -- is
4 Q Okay. And other than the possibility 4 that the first conversation you had with Mr. Locke
5 that you may have read your -- your deposition 5 since you left his office back on the 21st or
6 transcript from the prior deposition in that week 6 22nd?
7 or so intervening period of time, did you review 7 A Yes.
8 any other documents? 8 Q And so my -- my -- going back to my
9 A So we went over the document that -- 9 earlier question, from the time that you left
10 Q Let me -- I'm sorry. Let me be clear 10 Mr. Locke's office on the 21st or 22nd until the
11 about my question. 11 time you saw him yesterday, did you -- other than
12 You had told us that you read the -- 12 the possibility that you may have read that prior
13 your deposition transcript from the prior 13 transcript, did you read any -- any -- did you
14 deposition, but you weren't sure if it was before 14 look at any documents?
15 or after that first meeting with Mr. Locke, 15 A Well, again, because I signed the
16 correct? 16 interrogatories on Monday, I did read them.
17 A Yes. 17 Q Okay. I'm talking about before you met
18 Q All right. And -- and so when you left 18 with Mr. Locke on Monday.
19 that meeting, you then scheduled another meeting 19 A Well, I -- I reviewed the document and
20 with Mr. Locke a week or so later, which would 20 signed it on Monday. I met with Mr. Locke on
21 have been two days ago, correct? 21 Tuesday.
22 A We actually left it open whether we were 22 Q Okay. My question is, from the time
23 going to meet, but we decided we would. 23 that you left Mr. Locke's office last week until
24 Q Okay. But ultimately you decided to 24 the time that you saw Mr. Locke this week, okay,
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1 did you review any other documents? 1 answers. The answers are already provided for
2 A Not besides the interrogatories. 2 you. You're sitting in your office, you get them
3 Q Okay. How did you receive the answers 3 electronically, you review them, and you sign the
4 to the -- the answers to interrogatories? 4 verification.
5 A Electronically, and then we printed them 5 A Yes.
6 out. 6 Q And did you make any changes to the
7 Q Okay. And when did you get those? 7 answers?
8 A On Monday. 8 A No.
9 Q And -- and you were in your office when 9 Q Did you have any conversation with --
10 you received them? 10 with Mr. Locke about those answers before you
11 A Yes. 11 signed the verification?
12 Q And you reviewed them in your office? 12 A No.
13 A Yes. 13 Q Did you have any conversation with
14 Q And were the -- did you have any 14 Mr. Myers before you signed the verification?
15 conversation with Mr. Locke about those answers 15 A I think I may have said to him, These
16 before you received them electronically on Monday? 16 look fine.
17 A No. 17 Q Okay. So it's fair to say you didn't
18 Q Okay. So just to be clear, that your -- 18 have any input into the answers?
19 in your office on Monday, at that point you had 19 MR. LOCKE: Objection.
20 never seen the -- the set of interrogatories. Am 20 THE WITNESS: I -- these interrogatories
21 I correct? 21 were similar in substance to many interrogatories
22 A This particular set, yes. 22 I've signed or reviewed in the past few years.
23 Q Right. And then you -- you get a set of 23 BY MR. GOLOMB:
24 interrogatories that are both questions and 24 Q Okay. In this set you didn't have any
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1 input into the answers. Am I correct? 1 Q What did you review?
2 MR. LOCKE: Objection. 2 MR. LOCKE: Well, I'm not going to --
3 THE WITNESS: Correct. 3 our selection of documents that I might have
4 BY MR. GOLOMB: 4 showed the witness, that reflects our work
5 Q Okay. So the -- the -- did you only 5 product. So he's not going to answer that
6 have one meeting with Mr. Locke before -- this 6 question. If you show him a document, you can ask
7 week before today? 7 him if he reviewed it.
8 A I had one meeting last week, one meeting 8 BY MR. GOLOMB:
9 yesterday. 9 Q Approximately how many documents did you
10 Q I understand. So -- so this week 10 review?
11 your -- other than today, this week your sole 11 A Two or three.
12 meeting was yesterday? 12 Q Well, let's -- let's go to the -- to the
13 A Yes. 13 notice for a second.
Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 33 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 UNITED STATES DISTRICT COURT 1 Deposition of MARK POLLACK, held at the offices 2 DISTRICT OF NEW JERSEY 2 of: 3 3 4 ------------------------------x 5 IN RE JOHNSON & JOHNSON ) MDL No. 4 6 TALCUM POWDER PRODUCTS ) 16-2738 (FLW)(LHG) 5 SEYFARTH SHAW LLP 7 MARKETING SALES PRACTICES, ) 6 975 F Street, N.W. 8 AND PRODUCTS LIABILITY ) 7 Washington, DC 20004 9 LITIGATION ) 10 ) 8 11 THIS DOCUMENT RELATES TO ) 9 12 ALL CASES ) 10 13 ------------------------------x 11 14 VIDEOTAPED 30(b)(6) DEPOSITION OF DEFENDANT 12 Pursuant to notice, before Leslie Anne Todd, Court 15 PERSONAL CARE PRODUCTS COUNCIL, 13 Reporter and Notary Public in and for the District of by and through its Designated Representative, 14 Columbia, who officiated in administering the oath to 16 15 the witness. MARK POLLACK 17 16 WASHINGTON, D.C. 17 18 18 WEDNESDAY, AUGUST 29, 2018 19 19 9:30 A.M. 20 20 21 21 22 22 23 23 24 Reported by: Leslie A. Todd 24 Golkow Litigation Services Page 1 Golkow Litigation Services Page 2 Mark Pollack Mark Pollack 1 A P P E A R A N C E S 1 APPEARANCES (Continued): 2 2 ON BEHALF OF PCPC AND THE WITNESS: 3 ON BEHALF OF THE PLAINTIFFS: 3 THOMAS LOCKE, ESQUIRE 4 RICHARD M. GOLOMB, ESQUIRE 4 SEYFARTH SHAW LLP 5 GOLOMB & HONIK 5 975 F Street, NW 6 1835 Market Street 6 Washington, DC 20004 7 Suite 2900 7 (202) 463-2400 8 Philadelphia, Pennsylvania 19103 8 9 (215) 985-9177 9 ON BEHALF OF JOHNSON & JOHNSON DEFENDANTS: 10 10 JACK N. FROST, JR., ESQUIRE 11 P. LEIGH O'DELL, ESQUIRE 11 DRINKER BIDDLE & REATH, LLP 12 RYAN BEATTIE, ESQUIRE 12 600 Campus Drive 13 BEASLEY ALLEN LAW FIRM 13 Florham Park, New Jersey 07932-1047 14 218 Commerce Street 14 (973) 549-7338 15 Montgomery, Alabama 36103-4160 15 16 (800) 898-2034 16 SANDRA J. WUNDERLICH, ESQUIRE 17 17 TUCKER ELLIS, LLP 18 MICHELLE PARFITT, ESQUIRE 18 100 South 4th Street 19 ASHCRAFT & GEREL, LLP 19 Suite 600 20 4900 Seminary Road, Suite 650 20 St. Louis, Missouri 63102 21 Alexandria, Virginia 22311 21 (314) 256-2544 22 (703) 997-1774 22 23 23 24 24 Golkow Litigation Services Page 3 Golkow Litigation Services Page 4 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 APPEARANCES (Continued): 1 C O N T E N T S 2 2 EXAMINATION OF MARK POLLACK PAGE 3 ON BEHALF OF THE IMERYS DEFENDANTS: 3 By Mr. Golomb 8 4 JONATHAN F. DONATH, ESQUIRE 4 5 COUGHLIN DUFFY, LLP 5 6 350 Mount Kemble Avenue 6 7 Morristown, New Jersey 07962 7 E X H I B I T S 8 (973) 267-0058 8 (Attached to transcript) 9 9 POLLACK DEPOSITION EXHIBITS PAGE 10 CATHERINE SLAVIN, ESQUIRE 10 No. 1 The Plaintiffs' Steering Committee's 11 GORDON & REES SCULLY MANSUKHANI, LLP 11 Second Amended Notice of the 12 Three Logan Square 12 30(b)(6) Deposition of Defendant 13 1717 Arch Street, Suite 610 13 Personal Care Products Council 30 14 Philadelphia, Pennsylvania 19103 14 No. 2 PCPC Organizational Chart 33 15 (215) 717-4006 15 No. 3 Document with title "Talc IP - 16 16 Revenue Received" 61 17 ALSO PRESENT: 17 No. 4 Document entitled "Payments to 18 EMILY H. MANOSO, Staff Counsel, PCPC 18 Entities Identified in Plaintiffs' 19 THOMAS F. MYERS, Staff Counsel, PCPC 19 Notice of Deposition" 112 20 20 No. 5 CTFA Mission Statement, Bates 21 DANIEL HOLMSTOCK (Videographer) 21 PCPC0052417 127 22 JONATHAN VADERS (Technical Support) 22 No. 11 Bates IMERYS 118791 93 23 ZACH HONE (Technical Support) 23 No. 12 Bates IMERYS 118792 132 24 24 Golkow Litigation Services Page 5 Golkow Litigation Services Page 6 Mark Pollack Mark Pollack 1 P R O C E E D I N G S 1 Q Good morning, Mr. Pollack. My name is 2 ------------------- 2 Richard Golomb. We met several years ago when I 3 THE VIDEOGRAPHER: We are now on the 3 took your deposition in -- in another one of these 4 record. My name is Daniel Holmstock. I am the 4 cases. 5 videographer for Golkow Litigation Services. 5 Do you recall that? 6 Today's date is August 29th, 2018, and the time is 6 A Yes, I recall. 7 9:30 a.m. 7 Q And if you could keep your -- 8 This video deposition is being held in 8 A Yeah. 9 the law offices of Seyfarth Shaw, LLP, at 975 9 Q -- voice up so everybody -- 10 F Street, Northwest, in Washington, D.C., in the 10 A Yes, I recall. 11 matter of In Re: Johnson & Johnson Talc-Based 11 Q -- in the room can hear you. 12 Powder Products Marketing, Sales Practices, and 12 And in preparation for your deposition 13 Products Liability Litigation. It is pending 13 here today, did you have a chance to read your 14 before the United States District Court for the 14 deposition transcript from that prior deposition? 15 District of New Jersey, MDL No. 16-2738. 15 A Yes, I did. 16 The deponent today is Mr. Mark Pollack. 16 Q All right. Let me just mention a couple 17 Counsel will be noted on the 17 of things. As you -- I assume that you have seen 18 stenographic record. The court reporter is 18 the notice of deposition which requires your 19 Leslie A. Todd, who will now administer the oath. 19 attendance here today. 20 MARK POLLACK, 20 A Yes. 21 and having been first duly sworn, 21 Q All right. And we'll -- we'll go 22 was examined and testified as follows: 22 through that in a little bit more detail. 23 EXAMINATION BY COUNSEL FOR PLAINTIFFS 23 As you may know, the -- this deposition, 24 BY MR. GOLOMB: 24 unlike the prior deposition, is limited to some Golkow Litigation Services Page 7 Golkow Litigation Services Page 8 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 topics that we have agreed to cover with you 1 it may be later on in this litigation that you may 2 while other topics will be covered with Dr. Loretz 2 be required to give yet another deposition. I 3 and perhaps some other people from PCPC. 3 know you're looking forward to that, but you may 4 Do you understand? 4 have to. 5 A Yes. 5 Do you understand that? 6 Q All right. And your role in this 6 A Okay. Yes. 7 deposition is a little bit different than the 7 Q All right. Let -- let me also ask you 8 deposition previously. Do you understand that? 8 about -- you signed a verification to some answers 9 A Yes. 9 to interrogatories recently. Do you recall that? 10 Q So that you understand that your 10 A Yes, on Monday. 11 deposition -- and you certainly don't need to know 11 Q All right. And let me just -- we're 12 the rule, but it's under rule -- federal 12 going to go through some of these answers in a 13 Rule 30(b)(6). Have you heard that term before? 13 little bit more detail later. But let me just 14 A I don't recall. 14 show you page 31. There's a verification dated 15 Q Okay. But you do understand that the -- 15 August 27, 2018, and it has your signature on it. 16 the topics that are in the notice are the topics 16 Is that your signature? 17 that I'm going to be questioning you here today. 17 A Yes, it is. 18 A Yes. 18 Q And did you in fact sign that on 19 Q All right. And those topics have been 19 August 27th? 20 limited as a result of an order of the Special 20 A Yes, I did. 21 Master who's been appointed in this case. Do you 21 Q And when did you first see the 22 understand that? 22 questions, the interrogatories? 23 A Yes. 23 A I may have just seen them on that 24 Q All right. And so you understand that 24 Monday. Some of them I may have seen previously, Golkow Litigation Services Page 9 Golkow Litigation Services Page 10 Mark Pollack Mark Pollack 1 but I can't -- I can't be sure. 1 A No. 2 MR. GOLOMB: Okay. I just want to just 2 Q -- several years ago? 3 say for the record that we received the answers to 3 A No. 4 these interrogatories -- interrogatories on 4 Q All right. And how did you learn that 5 August 27th, 2018, at 4:45 p.m. There was an 5 you were going to be deposed? 6 agreement of counsel that these would be supplied 6 A I think Tom Myers, our in-house counsel, 7 a week in advance of this deposition. Obviously 7 shared with me the fact and may have -- may have 8 they weren't. So we -- we may -- after we look at 8 forwarded the notice. I don't recall. 9 the interrogatory answers in more detail and 9 Q Okay. And since you learned that you 10 compare them to some records, we may be required 10 were going to be deposed again, I -- I assume that 11 to come back and take another day of deposition on 11 you met with Mr. Myers in-house? 12 this 30(b)(6) notice. 12 A Right. As well as Tom Locke. 13 You don't need to respond to that. I 13 Q Okay. Did you have any meetings with 14 just wanted to let you know that that's -- that's 14 Mr. Myers alone? 15 a possibility. 15 A I don't think so. 16 BY MR. GOLOMB: 16 Q Did you speak to any other employees of 17 Q When did you first find out that you 17 PCPC from the time that you -- you received notice 18 were going to be deposed? 18 that you were going to be deposed until today? 19 A In this particular case? 19 A Not regarding the substance of the 20 Q Yeah. 20 deposition. 21 A I would -- a few months ago, I would 21 Q Were you aware that Linda Loretz was 22 think. 22 deposed? 23 Q And have you been deposed in any other 23 A Yes, I was. 24 cases other than the deposition I took of yours -- 24 Q How did you become aware that Linda Golkow Litigation Services Page 11 Golkow Litigation Services Page 12 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 Loretz was deposed? 1 A That I can't recall. 2 A Because I think I was copied on the 2 Q You may have? 3 e-mail stream of trying to find mutually agreeable 3 A But not -- but not in context of 4 dates for both of our depositions. 4 preparing for this. 5 Q Okay. And before Ms. Loretz was 5 Q Okay. What -- if not for preparing for 6 deposed, did you have any conversation with her 6 this, why else would you read Linda -- 7 about her upcoming deposition? 7 A I don't -- 8 A No, I did not. 8 Q Let me -- 9 Q And since she's been deposed, did you 9 A I don't recall reading it. 10 have any conversation with her about her 10 Q Let me just give you one instruction. 11 deposition? 11 You're doing fine, but if you will allow 12 A No, I have not. 12 me to finish my question, I will allow you to 13 Q So you've never discussed with Linda 13 finish your answer. That way -- 14 Loretz the content of either yours or her 14 A Sure. 15 depositions? 15 Q -- neither one of us gets in trouble 16 A Correct. 16 with the court reporter. Okay? Okay? 17 Q Did you read your deposition transcript? 17 A Yes. 18 A Yes, I did. 18 Q And you also have to give a verbal 19 Q Did you read Linda Loretz's deposition 19 response. 20 transcript? 20 A Yes. 21 A No. 21 Q All right. In what other context would 22 Q So you didn't read the deposition 22 you read the deposition if not -- if not to either 23 transcript that I -- of the deposition that I took 23 prepare for this deposition or to have a 24 of Linda Loretz several years ago? 24 conversation with somebody? Golkow Litigation Services Page 13 Golkow Litigation Services Page 14 Mark Pollack Mark Pollack 1 A I can't think of any other context. I 1 read it you said, That wasn't right, or, Boy, I 2 know in preparation for this, I did -- I had read 2 wish I hadn't said that? 3 the transcript of my original deposition whenever 3 A No. 4 the transcript became available last time, and I 4 Q Anything like that? 5 think I -- I noted there were a few errors in the 5 A Nothing. 6 transcription, and I did review that. And so in 6 Q So whatever you said to -- whatever your 7 preparation for today, I did read over that 7 answer was to whatever my question was at that 8 deposition last week. 8 earlier deposition, you stand by those answers? 9 I did not read Linda's and I have no 9 A Yes. 10 recollection that I have, but I don't want to say 10 Q When -- when did you learn that you were 11 definitely that I didn't. It was 11 going to be deposed? 12 two-and-a-half -- more than two-and-a-half years 12 A In this particular instance? 13 ago. 13 Q Yeah. 14 Q And when you say there were errors in 14 A I think in June or July. 15 the transcription, what do you mean? 15 Q And the meeting that you had -- well, 16 A There were -- they ask you to fill out a 16 strike that. 17 form on different words the transcriber got wrong. 17 You said you found out from Tom Myers. 18 Q Okay. 18 Was that in person? 19 A And that was filed with the deposition. 19 A It probably was on -- being copied on an 20 Q Was there any -- any errors in the 20 e-mail string. 21 substance of what you said? 21 Q And did you have a conversation with Tom 22 A I would say most of it was minor. 22 Myers? 23 Q And is there anything that you read in 23 A I -- I possibly did about this. I -- I 24 that deposition that you would now -- when you 24 don't recall. I talk to him about lots of things, Golkow Litigation Services Page 15 Golkow Litigation Services Page 16 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 so -- 1 would meet with Tom Locke to review it. 2 Q Okay. Well, have you ever had -- 2 Q Okay. And when was the first 3 since -- since you received notice in June or July 3 communication that you had with Tom Locke after 4 of 2018 that you were going to be deposed here 4 you learned that you were going to be deposed here 5 today, have you ever had a one-on-one conversation 5 today? 6 with Tom Myers about the fact that you were being 6 A Well, I met with him for the first time 7 deposed here today? 7 in preparation for this last week. 8 A I probably did in terms of the 8 Q Okay. So you had no conversation with 9 logistics. 9 Tom Locke in June? 10 Q Okay. Did you have any conversation 10 A I don't think so. I think it was all 11 with Tom Myers about the substance? 11 through e-mails trying to find mutually agreeable 12 A I don't think I did. Any conversation 12 dates. 13 would have been in the presence of Tom Locke. 13 Q And the -- you had no communications 14 Q And did you have any conversation 14 with Tom Locke other than the logistics of the 15 again -- I'm only restricting my questions to any 15 deposition in July? 16 one-on-one meetings that you may have had with Tom 16 A That's -- that's my recollection. 17 Myers. 17 Q And -- and your testimony here today is 18 Did you have any meeting, telephone 18 that the first time that you met with Tom Locke to 19 call, e-mail exchanges with Tom Myers about the -- 19 discuss your preparation for this deposition was 20 about either, A, the substance of your deposition 20 last week? 21 here today or, B, how to prepare for the 21 A That's correct. 22 deposition? 22 Q Okay. And when last week was that? 23 A Well, I think we did have a conversation 23 A I'm not even sure which day. Possibly 24 about how to prepare because we agreed that we 24 Tuesday or Wednesday. I don't recall. Golkow Litigation Services Page 17 Golkow Litigation Services Page 18 Mark Pollack Mark Pollack 1 Q So either August 22nd or August -- 1 Q Did you review any documents during that 2 either August 21st or 22nd? 2 three-hour period? 3 A I think so, yeah. 3 A I don't think so. 4 Q And is that the first communication of 4 Q Did you review any documents to prepare 5 any kind you had with Tom Locke other than 5 yourself before you had that meeting last week 6 logistics of when to meet since you received 6 with Tom Locke? 7 notice of the -- received notice that you would be 7 A I reviewed a few things in the office to 8 deposed? 8 refresh my memory because they were topics that 9 A I'm fairly certain. 9 were discussed in the last deposition, and I 10 Q And how long did your meeting last on 10 wanted to be fresher on them. 11 Monday or Tuesday of last week? 11 Q Okay. What did -- what did you review? 12 A I think it was three hours or less. 12 A For example, the Cosmetic Ingredient 13 Q Okay. And without telling me about any 13 Review procedures that are online. 14 conversation that you may have had with Mr. Locke, 14 Q And specifically what is it that you 15 because that's a privileged communication, tell me 15 wanted to refresh your memory about as it relates 16 what you did during that three hours. 16 to the CIR? 17 A We reviewed some potential questions and 17 A So there were some topics in the -- in 18 some of the topics, what -- some of it was really 18 the last deposition that involved CIR, and I 19 to refresh my memory on the whole process and what 19 wanted to be -- and I knew also some of the 20 to expect today and what I was expected to cover. 20 procedures had changed in the last year, and I 21 Q And was -- and is -- at that time did 21 wanted to be fresher on them. 22 you also review the deposition notice with -- that 22 Q What procedures changed in the last 23 included the topics? 23 year? 24 A I actually don't recall. 24 A There were a few updates and elimination Golkow Litigation Services Page 19 Golkow Litigation Services Page 20 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 of redundancies, a couple of things that they 1 last Monday or Tuesday, what other documents did 2 hadn't done in 20 or more years that they felt 2 you review to help prepare yourself? 3 were no longer... 3 A He shared -- 4 Q Give me an example of what you're 4 Q No, before you met. 5 talking about. 5 A I don't think I reviewed anything before 6 A I -- I can't even tell you off the top 6 I met with him. 7 of my head. They were really all pretty minor. 7 Q Other than the CIR review? 8 Q Okay. 8 A Right, and that was subsequent to our 9 A The CIR steering committee met in early 9 meeting. 10 June to review the proposed changes to the 10 Q Okay. So then let's just be clear, then 11 procedures and approve them then, and then they 11 you find out about the -- the deposition in June 12 were updated on our website. 12 or July. You have some conversation about 13 Q And in June of 2018? 13 logistics with Mr. Myers. Don't have any 14 A Correct. 14 conversations with Tom Locke. You may have had an 15 Q Okay. And do you know why those -- 15 exchange of e-mails to discuss logistics. You 16 those procedures were changed? 16 finally agreed on a date to meet, which was early 17 A Because they -- a few of the things were 17 to mid last week, and up until that time of that 18 no longer necessary or practical and were 18 meeting, you didn't review anything to assist you 19 outdated. I think the procedures hadn't been 19 in the preparation for today's deposition. 20 changed in ten or more years. 20 A Correct. 21 Q And were -- were those changes made at 21 Q And then you -- you go to meet with 22 all because of the talc litigation? 22 Mr. Locke, and you review some questions and some 23 A Nothing related to talc. 23 potential answers to your deposition, but again, 24 Q Okay. So before you met with Tom Locke 24 on that particular day in the three-hour meeting, Golkow Litigation Services Page 21 Golkow Litigation Services Page 22 Mark Pollack Mark Pollack 1 you don't review any documents. Is that your 1 A No, I don't think I did. 2 testimony? 2 Q Did you have any -- any homework 3 A Yes. 3 assignment, if you will, on what you should do 4 Q Okay. And so who else was in the room 4 next to help yourself prepare for the deposition? 5 when you met for three hours with Mr. Locke? 5 A No, and I don't remember the sequence of 6 A Tom Myers and Emily Manoso, who's our -- 6 events, whether I reviewed the transcript before 7 who also is a lawyer for the council. 7 or after that meeting. 8 Q Okay. And is that somebody who works -- 8 Q Okay. But you reviewed the transcript 9 A Right, she -- 9 of the prior deposition. 10 Q -- with Mr. Myers? 10 A Correct. 11 A Yes. She's in the room today. 11 Q But you did not review the deposition of 12 Q Okay. Anybody else in the room? 12 Linda Loretz. 13 A No. 13 A Not -- not recently. I -- again, I'm 14 Q Anybody from Mr. Locke's office in the 14 not sure whether I did two or more years ago. 15 room? 15 Q Okay. And when you -- when you left 16 A No. 16 Mr. Locke after that three-hour meeting, had you 17 Q And in -- at what time of day did this 17 scheduled your next meeting? 18 meeting take place? 18 A No, we hadn't. 19 A In the morning. 19 Q Did you have a next meeting? 20 Q And what time did it end? 20 A Yes. 21 A By 12:30. 21 Q When was the next meeting? 22 Q And did you have any -- after you met 22 A Yesterday. 23 with Mr. Locke that day, did you discuss what 23 Q Okay. And so -- and what time was that 24 happened at that meeting with -- with Mr. Myers? 24 meeting yesterday? Golkow Litigation Services Page 23 Golkow Litigation Services Page 24 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 A It was also in the morning. 1 meet on Monday. 2 Q And how long did that meeting last? 2 A No. Yesterday was Tuesday. 3 A Two, two-and-a-half hours maximum. 3 Q Yesterday. And that was the first -- is 4 Q Okay. And other than the possibility 4 that the first conversation you had with Mr. Locke 5 that you may have read your -- your deposition 5 since you left his office back on the 21st or 6 transcript from the prior deposition in that week 6 22nd? 7 or so intervening period of time, did you review 7 A Yes. 8 any other documents? 8 Q And so my -- my -- going back to my 9 A So we went over the document that -- 9 earlier question, from the time that you left 10 Q Let me -- I'm sorry. Let me be clear 10 Mr. Locke's office on the 21st or 22nd until the 11 about my question. 11 time you saw him yesterday, did you -- other than 12 You had told us that you read the -- 12 the possibility that you may have read that prior 13 your deposition transcript from the prior 13 transcript, did you read any -- any -- did you 14 deposition, but you weren't sure if it was before 14 look at any documents? 15 or after that first meeting with Mr. Locke, 15 A Well, again, because I signed the 16 correct? 16 interrogatories on Monday, I did read them. 17 A Yes. 17 Q Okay. I'm talking about before you met 18 Q All right. And -- and so when you left 18 with Mr. Locke on Monday. 19 that meeting, you then scheduled another meeting 19 A Well, I -- I reviewed the document and 20 with Mr. Locke a week or so later, which would 20 signed it on Monday. I met with Mr. Locke on 21 have been two days ago, correct? 21 Tuesday. 22 A We actually left it open whether we were 22 Q Okay. My question is, from the time 23 going to meet, but we decided we would. 23 that you left Mr. Locke's office last week until 24 Q Okay. But ultimately you decided to 24 the time that you saw Mr. Locke this week, okay, Golkow Litigation Services Page 25 Golkow Litigation Services Page 26 Mark Pollack Mark Pollack 1 did you review any other documents? 1 answers. The answers are already provided for 2 A Not besides the interrogatories. 2 you. You're sitting in your office, you get them 3 Q Okay. How did you receive the answers 3 electronically, you review them, and you sign the 4 to the -- the answers to interrogatories? 4 verification. 5 A Electronically, and then we printed them 5 A Yes. 6 out. 6 Q And did you make any changes to the 7 Q Okay. And when did you get those? 7 answers? 8 A On Monday. 8 A No. 9 Q And -- and you were in your office when 9 Q Did you have any conversation with -- 10 you received them? 10 with Mr. Locke about those answers before you 11 A Yes. 11 signed the verification? 12 Q And you reviewed them in your office? 12 A No. 13 A Yes. 13 Q Did you have any conversation with 14 Q And were the -- did you have any 14 Mr. Myers before you signed the verification? 15 conversation with Mr. Locke about those answers 15 A I think I may have said to him, These 16 before you received them electronically on Monday? 16 look fine. 17 A No. 17 Q Okay. So it's fair to say you didn't 18 Q Okay. So just to be clear, that your -- 18 have any input into the answers? 19 in your office on Monday, at that point you had 19 MR. LOCKE: Objection. 20 never seen the -- the set of interrogatories. Am 20 THE WITNESS: I -- these interrogatories 21 I correct? 21 were similar in substance to many interrogatories 22 A This particular set, yes. 22 I've signed or reviewed in the past few years. 23 Q Right. And then you -- you get a set of 23 BY MR. GOLOMB: 24 interrogatories that are both questions and 24 Q Okay. In this set you didn't have any Golkow Litigation Services Page 27 Golkow Litigation Services Page 28 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 118 Mark Pollack RECEIVED Mark Pollack NYSCEF: 07/10/2023 1 input into the answers. Am I correct? 1 Q What did you review? 2 MR. LOCKE: Objection. 2 MR. LOCKE: Well, I'm not going to -- 3 THE WITNESS: Correct. 3 our selection of documents that I might have 4 BY MR. GOLOMB: 4 showed the witness, that reflects our work 5 Q Okay. So the -- the -- did you only 5 product. So he's not going to answer that 6 have one meeting with Mr. Locke before -- this 6 question. If you show him a document, you can ask 7 week before today? 7 him if he reviewed it. 8 A I had one meeting last week, one meeting 8 BY MR. GOLOMB: 9 yesterday. 9 Q Approximately how many documents did you 10 Q I understand. So -- so this week 10 review? 11 your -- other than today, this week your sole 11 A Two or three. 12 meeting was yesterday? 12 Q Well, let's -- let's go to the -- to the 13 A Yes. 13 notice for a second.