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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 61
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 146
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RECEIVED NYSCEF: 07/10/2023
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1 NO. 16-CI-03503 JEFFERSON CIRCUIT COURT 1 INDEX
DIVISION TEN (10)
2 JUDGE ANGELA McCORMICK BISIG 2
3 3 Examination by Mr. Satterley .................. 7
4 4 Reporter's Certificate ........................ 355
5 5
CYNTHIA HAYES as Executrix of
6 the Estate of DONNA ANN HAYES PLAINTIFF 6 EXHIBITS
7 7
8 8 Exhibit No. 1 ................................. 8
(Plaintiff's notice to take deposition)
9 V. VIDEO DEPOSITION FOR THE PLAINTIFF 9
Exhibit No. 2 ................................. 61
10 10 (Photograph of Cashmere Bouquet bottle)
11 11 Exhibit No. 3 ................................. 69
(Colgate-Palmolive 1968 Annual Report)
12 COLGATE-PALMOLIVE COMPANY, ET AL. DEFENDANTS 12
Exhibit No. 4 ................................. 131
13 13 (Handwritten notes)
14 * * * 14 Exhibit No. 5 ................................. 167
(Handwritten notes)
15 15
Exhibit No. 6 ................................. 180
16 DEPONENT: MICHAEL RICHARD BURKE, Ph.D., VOLUME I 16 (Handwritten notes)
17 DATE: JULY 10, 2018 17 Exhibit No. 7 ................................. 180
(1-12-76 letter)
18 18
Exhibit No. 8 ................................. 185
19 * * * 19 (Service Work Request and Report - 3-10-76)
20 20 Exhibit No. 9 ................................. 188
(Handwritten notes)
21 RICHARD L. COULTER 21
COULTER REPORTING, LLC Exhibit No. 10 ................................ 196
22 101 East Kentucky Street 22 (Photograph)
Suite 200
23 Louisville, Kentucky 40203 23 Exhibit No. 11 ................................ 202
(502) 582-1627 (Photograph)
24 FAX: (502) 587-6299 24
E-MAIL: Rcoulter@coulterreporting.com Exhibit No. 12 ................................ 237
25 WEB SITE: Coulterreporting.com 25 (Handwritten notes)
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1 Exhibit No. 13 ................................ 237 1 APPEARANCES
(Handwritten notes)
2 2
Exhibit No. 14 ................................ 215 FOR THE PLAINTIFF:
3 (Membership list - CFTA Talc Committee) 3
JOSEPH D. SATTERLEY
4 Exhibit No. 15 ................................ 237 4 PAUL J. KELLEY
(Handwritten notes) Satterley & Kelley, PLLC
5 5 8700 Westport Road, Suite 202
Exhibit No. 16 ................................ 237 Louisville, Kentucky 40242
6 (4-16-77 Handwritten notes) 6 jsatterley@satterleylaw.com
pkelley@satterleylaw.com
7 Exhibit No. 17 ................................ 244 7
(3-14-77 Handwritten notes)
8 8 FOR THE DEFENDANT, COLGATE-PALMOLIVE COMPANY:
Exhibit No. 18 ................................ 257
9 (Redbook advertisement) 9 ERIKA L. MUSE
Foley & Mansfield
10 Exhibit No. 19 ................................ 281 10 115 Broadway, 5th Floor
(5-15-76 Int. Technical Service Letter) New York, New York 10006
11 11 emuse@foleymansfield.com
Exhibit No. 20 ................................ 303
12 (Handwritten notes) 12 KEITH M. AMEELE
Foley & Mansfield
13 Exhibit No. 21 ................................ 303 13 300 South Grand Avenue, Suite 2800
(2-5-74 letter: Shimps to Simko) Los Angeles, California 90071
14 14 kameele@foleymansfield.com
Exhibit No. 22 ................................ 338
15 (8-18-74 Permanent Formula) 15 SABRINA MIZRACHI
Colgate-Palmolive Company
16 Exhibit No. 23 ................................ 349 16 909 River Road
(Handwritten notes) Piscataway, New Jersey 08855-6269
17 17 sabrina_mizrachi@colpal.com
18 18 REGGIE BENTLEY - VIA SPEAKERPHONE
CERTIFIED QUESTIONS Stites & Harbison, PLLC
19 19 400 West Market Street, Suite 1800
Louisville, Kentucky 40202
20 Page 75, Line 1 20 rbentley@stites.com
Page 83, Line 14
21 21
FOR THE DEFENDANT, JOHNSON & JOHNSON:
22 REQUESTS 22
CAROL DAN BROWNING - VIA SPEAKERPHONE
23 23 Stites & Harbison, PLLC
Mr. Satterley to Mr. Ameele.....................190 400 West Market Street, Suite 1800
24 (Indices to binders at Technical Center) 24 Louisville, Kentucky 40202
cbrowning@stites.com
25 25
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 146
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1 FOR THE DEFENDANT, WHITTAKER, CLARK & DANIELS, INC.: 1 The video deposition of MICHAEL
2 CAROLYN PURCELL - VIA SPEAKERPHONE 2 RICHARD BURKE, Ph.D., taken in the Embassy Suites,
Stites & Harbison, PLLC
3 400 West Market Street, Suite 1800 3 121 Centennial Avenue, Piscataway Township, New
Louisville, Kentucky 40202
4 cpurcell@stites.com 4 Jersey, on Tuesday, the 10th day of July, 2018, at
5 5 approximately 9:22 a.m.; said deposition being taken
FOR THE DEFENDANTS, CYPRUS AMAX MINERALS CO. AND
6 IMERYS TALC AMERICA, INC.: 6 pursuant to Notice for use in accordance with the
7 TODD P. GREER - VIA SPEAKERPHONE 7 Kentucky Rules of Civil Procedure.
Boehl, Stopher & Graves, LLP
8 400 West Market Street, Suite 2300 8
Louisville, Kentucky 40202
9 tgreer@bsg-law.com 9 * * *
10 10
FOR THE DEFENDANT, CHARLES B. CHRYSTAL CO., INC.:
11 11 VIDEOGRAPHER: We're now on the video
CHRISTOPHER B. MARKUS - VIA SPEAKERPHONE
12 Dressman Benzinger Lavelle, PSC 12 record. Here begins Volume 1, Tape 1 of the
207 Thomas More Parkway
13 Crestview Hills, Kentucky 41017 13 videotaped deposition of Michael Richard Burke,
cmarkus@dbllaw.com
14 14 Ph.D., taken in the matter of Donna Ann Hayes versus
15 VIDEOGRAPHER: 15 Colgate-Palmolive, et al.
16 MARTIN ZINKEL 16 Today's date is Tuesday, July 10th,
17 17 2018. The time is 9:22 a.m.
ALSO PRESENT:
18 18 Will counsel and others please
KATIE COULTER
19 19 introduce themselves and state whom they represent.
20 20 MR. SATTERLEY: Good morning. Joe
21 21 Satterley on behalf of the Estate of Donna Hayes.
22 22 MR. KELLEY: This is Paul Kelley on
23 23 behalf of the Estate of Donna Hayes.
24 24 MS. MIZRACHI: Sabrina Mizrachi on
25 25 behalf of Colgate-Palmolive.
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1 MS. MUSE: Erika Muse on behalf of 1 A. Yes.
2 Colgate-Palmolive. 2 Q. Okay. So I'll call you Dr. Burke.
3 MR. AMEELE: Keith Ameele for Colgate. 3 A. Yes. Thank you.
4 MR. SATTERLEY: Folks on the phone? 4 Q. And my name is Joe Satterley.
5 MR. MARKUS: Chris Markus on behalf of 5 Pleasure to meet you. I represent the Estate of
6 Charles B. Chrystal. 6 Donna Hayes. You and I have never met before;
7 MR. BENTLEY: Reggie Bentley for 7 correct?
8 Colgate. 8 A. That's correct.
9 MS. BROWNING: Carol Browning. I 9 Q. It's my understanding you've been
10 represent Johnson & Johnson. 10 designated by Colgate-Palmolive to speak for them on
11 MS. PURCELL: Carolyn Purcell for 11 certain matters with regards to -- our notice, the
12 Whittaker Clark & Daniels. 12 notice we issued in this case. Is that your
13 13 understanding?
14 MICHAEL RICHARD BURKE, Ph.D., after 14 A. That's correct.
15 first being duly sworn, was examined and testified as 15 Q. And I've marked as Exhibit 1 and I've
16 follows: 16 placed before you the notice. Have you seen that in
17 17 the past?
18 EXAMINATION 18 (DEPOSITION EXHIBIT NO. 1 MARKED)
19 19 A. Yes, I have.
20 BY MR. SATTERLEY: 20 Q. And are you -- I'm going to go through
21 Q. Good morning. Please state your full 21 this with you in a little bit in more detail, but
22 name. 22 when you reviewed this, is it your understanding that
23 A. Michael Richard Burke. 23 the corporation, Colgate-Palmolive, has chosen you to
24 Q. Mr. Burke -- or Dr. Burke, I should 24 speak on these topics on their behalf?
25 say, you're a Ph.D.? 25 A. They have asked me to speak about
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 146
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1 these; yes. 1 Q. Did you retire from the company?
2 Q. And you understand in your role as a 2 A. Yes.
3 corporate representative you can bind the 3 Q. And when you retired from the company
4 corporation, Colgate-Palmolive, regarding certain 4 in October of 2017, did you get employment elsewhere?
5 topics that you've been designated to talk about? 5 A. I'm self-employed.
6 A. Correct. 6 Q. All right. And who -- do you have a
7 Q. Okay. So I'll go through the notice 7 consulting company?
8 in a little bit, but I want to just ask you some 8 A. Yes, I do.
9 general questions first about yourself. What's your 9 Q. And what's the name of the consulting
10 Ph.D. in? 10 company?
11 A. Inorganic chemistry. 11 A. Seven Gables Consulting.
12 Q. And what year did you get that degree? 12 Q. And where is Seven Gables located?
13 A. 1987. 13 A. In Somerset, New Jersey.
14 Q. Are you an employee of Colgate? 14 Q. That's right nearby where we are
15 A. I am not. 15 today; correct?
16 Q. Have you ever been an employee of 16 A. That's correct.
17 Colgate? 17 Q. And as a consultant -- at the company
18 A. Yes, I was. 18 called Seven Gables, do you consult with other
19 Q. And for how long? 19 corporate entities other than Colgate-Palmolive?
20 A. Precisely 28 years and five months. 20 A. No.
21 Q. All right. And -- so give me the 21 Q. Do you consult with Colgate-Palmolive
22 beginning date -- since you know precisely, give me 22 on issues outside of the litigation realm?
23 the beginning month or date and the end date. 23 A. At this time; no.
24 A. May 1st, 1989 through September 30th 24 Q. Okay. When was Seven Gables -- when
25 -- or October 1st, 2017. 25 did it start as a company?
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1 A. I don't know if I can give you the 1 Q. Does that include all of your time or
2 precise date on that, but it was approximately a year 2 does it vary, depending on what you're doing?
3 ago. 3 A. I'm not sure what you're asking.
4 Q. All right. 4 Q. Is it 350 an hour for everything you
5 A. In July of last year, I believe. 5 do for Colgate?
6 Q. And was it -- did you incorporate here 6 A. Yes.
7 in New Jersey? 7 Q. Okay. For example, it doesn't go up
8 A. Yes. 8 if you're testifying versus reviewing documents?
9 Q. And did you file, I guess, papers with 9 A. Same rate.
10 the Secretary of State? 10 Q. Okay. And it doesn't go up if you're
11 A. Yes. 11 traveling versus reviewing documents; correct?
12 Q. And what's the purpose or stated 12 A. Haven't traveled yet.
13 purpose of Seven Gables? 13 Q. Okay. Did you -- did you give a
14 A. Consulting. 14 deposition previously, a week or two ago?
15 Q. Okay. Other than litigation 15 A. I have; yes.
16 consulting and serving as corporate representative, 16 Q. And did -- was that -- did that occur
17 have you done any other consulting for Seven Gables 17 here in New Jersey?
18 since you started the company? 18 A. Yes, it did.
19 A. Not at this point; no. 19 Q. Okay. And you haven't traveled to any
20 Q. And do you charge for your time? 20 trials or anything like that?
21 A. I charge for my time; yes. 21 A. No, sir.
22 Q. And what is your hourly rate? 22 Q. All right. In preparation to be the
23 A. 350. 23 corporate representative for this case, the Donna
24 Q. $350 -- 24 Hayes case, have you spent time to prepare yourself?
25 A. $350 an hour; yes. 25 A. I have.
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
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1 Q. And how many hours have you spent 1 A. Tina Schmidt.
2 preparing yourself? 2 Q. And where is Tina Schmidt located?
3 A. A fair number. I'm not sure I've -- 3 A. In Piscataway at the Technology
4 I've added it all up at this point, but perhaps a few 4 Center, Colgate Technology Center.
5 hundred -- perhaps a hundred or perhaps a little bit 5 Q. And we're here in Piscataway right
6 more than that; yeah. I -- 6 now.
7 Q. A hundred hours? 7 A. Mm-hmm.
8 A. Approximately. I can't give you the 8 Q. How far are we from Colgate's offices
9 real number. I -- I just don't have it on the top of 9 where Tina Schmidt is located?
10 my head right now. 10 A. I think it's about two miles.
11 Q. You -- Seven Gables bills for your 11 Q. Okay. Is the corporate headquarters
12 time; correct? 12 still in New York City?
13 A. That's correct. 13 A. Yes.
14 Q. And they probably send a monthly bill 14 Q. Did you ever work at the corporate
15 so you can get paid for your time; correct? 15 headquarters?
16 A. That's correct. 16 A. No, I did not.
17 Q. And -- so over the last several 17 Q. So the hundred hours that you spent --
18 months, the -- or all the time you spent preparing to 18 the hundred plus hours -- you'd agree it's more than
19 be the corporate representative you've submitted a 19 a hundred hours; correct?
20 bill to Colgate for that; correct? 20 MR. AMEELE: Object to form. Go
21 A. That's correct. 21 ahead.
22 Q. And who would you send that bill to? 22 A. I'm not sure exactly. Let's just say
23 A. I would send it to an administrative 23 that as a number at this point.
24 assistant and into a system. 24 Q. Well, I want your best estimate.
25 Q. Okay. And who is that by name? 25 A. I'm giving you the best number I can
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1 at this point; yeah. 1 would go -- would you go to the Technical Center
2 Q. So the hundred -- approximately 2 here -- in this city here?
3 hundred hours would be billed out at $350 per hour. 3 A. Correct.
4 A. That's correct. 4 Q. Okay. And who would you interact with
5 Q. And what have you done in those 5 at Colgate to allow you access to the production?
6 roughly -- do we have somebody that just joined us? 6 A. With the in-house legal staff there.
7 MR. GREER: Yes, Todd Greer on behalf 7 Q. Okay. Who is the person -- the name
8 of Imerys and CAMC. 8 of that person?
9 MR. SATTERLEY: All right. We're 9 MR. AMEELE: I'll object to form. Go
10 going to proceed through then. I apologize for 10 ahead.
11 interrupting there. 11 A. The name of the person?
12 In that roughly hundred hours or 12 Q. That you interacted with at Colgate --
13 approximately hundred hours, what have you done? 13 the in-house person that you interacted with in
14 A. I've reviewed the production. 14 regard to the production.
15 Q. And when you say "the production," 15 A. Well, the -- the in-house legal person
16 what do you mean? 16 that I've been interacting with is sitting in this
17 A. The documentation that Colgate has 17 room here, Sabrina Mizrachi.
18 assembled. 18 Q. Okay. Anybody else at Colgate that
19 Q. And where did you review the 19 you interacted with regarding the production of
20 production? 20 documents that you reviewed?
21 A. In the Colgate offices and some at 21 MR. AMEELE: Object to form. Go
22 home in my office. 22 ahead.
23 Q. Your home office? 23 A. Could you ask that one again. I want
24 A. Yes. 24 to make sure I --
25 Q. Okay. So is it a situation where you 25 Q. Sure. Anyone else by name that you've
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 146
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RECEIVED NYSCEF: 07/10/2023
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Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 146 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 61 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 146 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH RECEIVED NYSCEF: 07/10/2023 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 NO. 16-CI-03503 JEFFERSON CIRCUIT COURT 1 INDEX DIVISION TEN (10) 2 JUDGE ANGELA McCORMICK BISIG 2 3 3 Examination by Mr. Satterley .................. 7 4 4 Reporter's Certificate ........................ 355 5 5 CYNTHIA HAYES as Executrix of 6 the Estate of DONNA ANN HAYES PLAINTIFF 6 EXHIBITS 7 7 8 8 Exhibit No. 1 ................................. 8 (Plaintiff's notice to take deposition) 9 V. VIDEO DEPOSITION FOR THE PLAINTIFF 9 Exhibit No. 2 ................................. 61 10 10 (Photograph of Cashmere Bouquet bottle) 11 11 Exhibit No. 3 ................................. 69 (Colgate-Palmolive 1968 Annual Report) 12 COLGATE-PALMOLIVE COMPANY, ET AL. DEFENDANTS 12 Exhibit No. 4 ................................. 131 13 13 (Handwritten notes) 14 * * * 14 Exhibit No. 5 ................................. 167 (Handwritten notes) 15 15 Exhibit No. 6 ................................. 180 16 DEPONENT: MICHAEL RICHARD BURKE, Ph.D., VOLUME I 16 (Handwritten notes) 17 DATE: JULY 10, 2018 17 Exhibit No. 7 ................................. 180 (1-12-76 letter) 18 18 Exhibit No. 8 ................................. 185 19 * * * 19 (Service Work Request and Report - 3-10-76) 20 20 Exhibit No. 9 ................................. 188 (Handwritten notes) 21 RICHARD L. COULTER 21 COULTER REPORTING, LLC Exhibit No. 10 ................................ 196 22 101 East Kentucky Street 22 (Photograph) Suite 200 23 Louisville, Kentucky 40203 23 Exhibit No. 11 ................................ 202 (502) 582-1627 (Photograph) 24 FAX: (502) 587-6299 24 E-MAIL: Rcoulter@coulterreporting.com Exhibit No. 12 ................................ 237 25 WEB SITE: Coulterreporting.com 25 (Handwritten notes) &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 Exhibit No. 13 ................................ 237 1 APPEARANCES (Handwritten notes) 2 2 Exhibit No. 14 ................................ 215 FOR THE PLAINTIFF: 3 (Membership list - CFTA Talc Committee) 3 JOSEPH D. SATTERLEY 4 Exhibit No. 15 ................................ 237 4 PAUL J. KELLEY (Handwritten notes) Satterley & Kelley, PLLC 5 5 8700 Westport Road, Suite 202 Exhibit No. 16 ................................ 237 Louisville, Kentucky 40242 6 (4-16-77 Handwritten notes) 6 jsatterley@satterleylaw.com pkelley@satterleylaw.com 7 Exhibit No. 17 ................................ 244 7 (3-14-77 Handwritten notes) 8 8 FOR THE DEFENDANT, COLGATE-PALMOLIVE COMPANY: Exhibit No. 18 ................................ 257 9 (Redbook advertisement) 9 ERIKA L. MUSE Foley & Mansfield 10 Exhibit No. 19 ................................ 281 10 115 Broadway, 5th Floor (5-15-76 Int. Technical Service Letter) New York, New York 10006 11 11 emuse@foleymansfield.com Exhibit No. 20 ................................ 303 12 (Handwritten notes) 12 KEITH M. AMEELE Foley & Mansfield 13 Exhibit No. 21 ................................ 303 13 300 South Grand Avenue, Suite 2800 (2-5-74 letter: Shimps to Simko) Los Angeles, California 90071 14 14 kameele@foleymansfield.com Exhibit No. 22 ................................ 338 15 (8-18-74 Permanent Formula) 15 SABRINA MIZRACHI Colgate-Palmolive Company 16 Exhibit No. 23 ................................ 349 16 909 River Road (Handwritten notes) Piscataway, New Jersey 08855-6269 17 17 sabrina_mizrachi@colpal.com 18 18 REGGIE BENTLEY - VIA SPEAKERPHONE CERTIFIED QUESTIONS Stites & Harbison, PLLC 19 19 400 West Market Street, Suite 1800 Louisville, Kentucky 40202 20 Page 75, Line 1 20 rbentley@stites.com Page 83, Line 14 21 21 FOR THE DEFENDANT, JOHNSON & JOHNSON: 22 REQUESTS 22 CAROL DAN BROWNING - VIA SPEAKERPHONE 23 23 Stites & Harbison, PLLC Mr. Satterley to Mr. Ameele.....................190 400 West Market Street, Suite 1800 24 (Indices to binders at Technical Center) 24 Louisville, Kentucky 40202 cbrowning@stites.com 25 25 &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 146 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH RECEIVED NYSCEF: 07/10/2023 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 FOR THE DEFENDANT, WHITTAKER, CLARK & DANIELS, INC.: 1 The video deposition of MICHAEL 2 CAROLYN PURCELL - VIA SPEAKERPHONE 2 RICHARD BURKE, Ph.D., taken in the Embassy Suites, Stites & Harbison, PLLC 3 400 West Market Street, Suite 1800 3 121 Centennial Avenue, Piscataway Township, New Louisville, Kentucky 40202 4 cpurcell@stites.com 4 Jersey, on Tuesday, the 10th day of July, 2018, at 5 5 approximately 9:22 a.m.; said deposition being taken FOR THE DEFENDANTS, CYPRUS AMAX MINERALS CO. AND 6 IMERYS TALC AMERICA, INC.: 6 pursuant to Notice for use in accordance with the 7 TODD P. GREER - VIA SPEAKERPHONE 7 Kentucky Rules of Civil Procedure. Boehl, Stopher & Graves, LLP 8 400 West Market Street, Suite 2300 8 Louisville, Kentucky 40202 9 tgreer@bsg-law.com 9 * * * 10 10 FOR THE DEFENDANT, CHARLES B. CHRYSTAL CO., INC.: 11 11 VIDEOGRAPHER: We're now on the video CHRISTOPHER B. MARKUS - VIA SPEAKERPHONE 12 Dressman Benzinger Lavelle, PSC 12 record. Here begins Volume 1, Tape 1 of the 207 Thomas More Parkway 13 Crestview Hills, Kentucky 41017 13 videotaped deposition of Michael Richard Burke, cmarkus@dbllaw.com 14 14 Ph.D., taken in the matter of Donna Ann Hayes versus 15 VIDEOGRAPHER: 15 Colgate-Palmolive, et al. 16 MARTIN ZINKEL 16 Today's date is Tuesday, July 10th, 17 17 2018. The time is 9:22 a.m. ALSO PRESENT: 18 18 Will counsel and others please KATIE COULTER 19 19 introduce themselves and state whom they represent. 20 20 MR. SATTERLEY: Good morning. Joe 21 21 Satterley on behalf of the Estate of Donna Hayes. 22 22 MR. KELLEY: This is Paul Kelley on 23 23 behalf of the Estate of Donna Hayes. 24 24 MS. MIZRACHI: Sabrina Mizrachi on 25 25 behalf of Colgate-Palmolive. &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 MS. MUSE: Erika Muse on behalf of 1 A. Yes. 2 Colgate-Palmolive. 2 Q. Okay. So I'll call you Dr. Burke. 3 MR. AMEELE: Keith Ameele for Colgate. 3 A. Yes. Thank you. 4 MR. SATTERLEY: Folks on the phone? 4 Q. And my name is Joe Satterley. 5 MR. MARKUS: Chris Markus on behalf of 5 Pleasure to meet you. I represent the Estate of 6 Charles B. Chrystal. 6 Donna Hayes. You and I have never met before; 7 MR. BENTLEY: Reggie Bentley for 7 correct? 8 Colgate. 8 A. That's correct. 9 MS. BROWNING: Carol Browning. I 9 Q. It's my understanding you've been 10 represent Johnson & Johnson. 10 designated by Colgate-Palmolive to speak for them on 11 MS. PURCELL: Carolyn Purcell for 11 certain matters with regards to -- our notice, the 12 Whittaker Clark & Daniels. 12 notice we issued in this case. Is that your 13 13 understanding? 14 MICHAEL RICHARD BURKE, Ph.D., after 14 A. That's correct. 15 first being duly sworn, was examined and testified as 15 Q. And I've marked as Exhibit 1 and I've 16 follows: 16 placed before you the notice. Have you seen that in 17 17 the past? 18 EXAMINATION 18 (DEPOSITION EXHIBIT NO. 1 MARKED) 19 19 A. Yes, I have. 20 BY MR. SATTERLEY: 20 Q. And are you -- I'm going to go through 21 Q. Good morning. Please state your full 21 this with you in a little bit in more detail, but 22 name. 22 when you reviewed this, is it your understanding that 23 A. Michael Richard Burke. 23 the corporation, Colgate-Palmolive, has chosen you to 24 Q. Mr. Burke -- or Dr. Burke, I should 24 speak on these topics on their behalf? 25 say, you're a Ph.D.? 25 A. They have asked me to speak about &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 146 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH RECEIVED NYSCEF: 07/10/2023 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 these; yes. 1 Q. Did you retire from the company? 2 Q. And you understand in your role as a 2 A. Yes. 3 corporate representative you can bind the 3 Q. And when you retired from the company 4 corporation, Colgate-Palmolive, regarding certain 4 in October of 2017, did you get employment elsewhere? 5 topics that you've been designated to talk about? 5 A. I'm self-employed. 6 A. Correct. 6 Q. All right. And who -- do you have a 7 Q. Okay. So I'll go through the notice 7 consulting company? 8 in a little bit, but I want to just ask you some 8 A. Yes, I do. 9 general questions first about yourself. What's your 9 Q. And what's the name of the consulting 10 Ph.D. in? 10 company? 11 A. Inorganic chemistry. 11 A. Seven Gables Consulting. 12 Q. And what year did you get that degree? 12 Q. And where is Seven Gables located? 13 A. 1987. 13 A. In Somerset, New Jersey. 14 Q. Are you an employee of Colgate? 14 Q. That's right nearby where we are 15 A. I am not. 15 today; correct? 16 Q. Have you ever been an employee of 16 A. That's correct. 17 Colgate? 17 Q. And as a consultant -- at the company 18 A. Yes, I was. 18 called Seven Gables, do you consult with other 19 Q. And for how long? 19 corporate entities other than Colgate-Palmolive? 20 A. Precisely 28 years and five months. 20 A. No. 21 Q. All right. And -- so give me the 21 Q. Do you consult with Colgate-Palmolive 22 beginning date -- since you know precisely, give me 22 on issues outside of the litigation realm? 23 the beginning month or date and the end date. 23 A. At this time; no. 24 A. May 1st, 1989 through September 30th 24 Q. Okay. When was Seven Gables -- when 25 -- or October 1st, 2017. 25 did it start as a company? &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 A. I don't know if I can give you the 1 Q. Does that include all of your time or 2 precise date on that, but it was approximately a year 2 does it vary, depending on what you're doing? 3 ago. 3 A. I'm not sure what you're asking. 4 Q. All right. 4 Q. Is it 350 an hour for everything you 5 A. In July of last year, I believe. 5 do for Colgate? 6 Q. And was it -- did you incorporate here 6 A. Yes. 7 in New Jersey? 7 Q. Okay. For example, it doesn't go up 8 A. Yes. 8 if you're testifying versus reviewing documents? 9 Q. And did you file, I guess, papers with 9 A. Same rate. 10 the Secretary of State? 10 Q. Okay. And it doesn't go up if you're 11 A. Yes. 11 traveling versus reviewing documents; correct? 12 Q. And what's the purpose or stated 12 A. Haven't traveled yet. 13 purpose of Seven Gables? 13 Q. Okay. Did you -- did you give a 14 A. Consulting. 14 deposition previously, a week or two ago? 15 Q. Okay. Other than litigation 15 A. I have; yes. 16 consulting and serving as corporate representative, 16 Q. And did -- was that -- did that occur 17 have you done any other consulting for Seven Gables 17 here in New Jersey? 18 since you started the company? 18 A. Yes, it did. 19 A. Not at this point; no. 19 Q. Okay. And you haven't traveled to any 20 Q. And do you charge for your time? 20 trials or anything like that? 21 A. I charge for my time; yes. 21 A. No, sir. 22 Q. And what is your hourly rate? 22 Q. All right. In preparation to be the 23 A. 350. 23 corporate representative for this case, the Donna 24 Q. $350 -- 24 Hayes case, have you spent time to prepare yourself? 25 A. $350 an hour; yes. 25 A. I have. &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 146 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH RECEIVED NYSCEF: 07/10/2023 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 Q. And how many hours have you spent 1 A. Tina Schmidt. 2 preparing yourself? 2 Q. And where is Tina Schmidt located? 3 A. A fair number. I'm not sure I've -- 3 A. In Piscataway at the Technology 4 I've added it all up at this point, but perhaps a few 4 Center, Colgate Technology Center. 5 hundred -- perhaps a hundred or perhaps a little bit 5 Q. And we're here in Piscataway right 6 more than that; yeah. I -- 6 now. 7 Q. A hundred hours? 7 A. Mm-hmm. 8 A. Approximately. I can't give you the 8 Q. How far are we from Colgate's offices 9 real number. I -- I just don't have it on the top of 9 where Tina Schmidt is located? 10 my head right now. 10 A. I think it's about two miles. 11 Q. You -- Seven Gables bills for your 11 Q. Okay. Is the corporate headquarters 12 time; correct? 12 still in New York City? 13 A. That's correct. 13 A. Yes. 14 Q. And they probably send a monthly bill 14 Q. Did you ever work at the corporate 15 so you can get paid for your time; correct? 15 headquarters? 16 A. That's correct. 16 A. No, I did not. 17 Q. And -- so over the last several 17 Q. So the hundred hours that you spent -- 18 months, the -- or all the time you spent preparing to 18 the hundred plus hours -- you'd agree it's more than 19 be the corporate representative you've submitted a 19 a hundred hours; correct? 20 bill to Colgate for that; correct? 20 MR. AMEELE: Object to form. Go 21 A. That's correct. 21 ahead. 22 Q. And who would you send that bill to? 22 A. I'm not sure exactly. Let's just say 23 A. I would send it to an administrative 23 that as a number at this point. 24 assistant and into a system. 24 Q. Well, I want your best estimate. 25 Q. Okay. And who is that by name? 25 A. I'm giving you the best number I can &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 0LFKDHO5LFKDUG%XUNH3K'9ROXPH, 1 at this point; yeah. 1 would go -- would you go to the Technical Center 2 Q. So the hundred -- approximately 2 here -- in this city here? 3 hundred hours would be billed out at $350 per hour. 3 A. Correct. 4 A. That's correct. 4 Q. Okay. And who would you interact with 5 Q. And what have you done in those 5 at Colgate to allow you access to the production? 6 roughly -- do we have somebody that just joined us? 6 A. With the in-house legal staff there. 7 MR. GREER: Yes, Todd Greer on behalf 7 Q. Okay. Who is the person -- the name 8 of Imerys and CAMC. 8 of that person? 9 MR. SATTERLEY: All right. We're 9 MR. AMEELE: I'll object to form. Go 10 going to proceed through then. I apologize for 10 ahead. 11 interrupting there. 11 A. The name of the person? 12 In that roughly hundred hours or 12 Q. That you interacted with at Colgate -- 13 approximately hundred hours, what have you done? 13 the in-house person that you interacted with in 14 A. I've reviewed the production. 14 regard to the production. 15 Q. And when you say "the production," 15 A. Well, the -- the in-house legal person 16 what do you mean? 16 that I've been interacting with is sitting in this 17 A. The documentation that Colgate has 17 room here, Sabrina Mizrachi. 18 assembled. 18 Q. Okay. Anybody else at Colgate that 19 Q. And where did you review the 19 you interacted with regarding the production of 20 production? 20 documents that you reviewed? 21 A. In the Colgate offices and some at 21 MR. AMEELE: Object to form. Go 22 home in my office. 22 ahead. 23 Q. Your home office? 23 A. Could you ask that one again. I want 24 A. Yes. 24 to make sure I -- 25 Q. Okay. So is it a situation where you 25 Q. Sure. Anyone else by name that you've &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP &RXOWHU5HSRUWLQJ//& ZZZFRXOWHUUHSRUWLQJFRP FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 146 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO 3DJH RECEIVED NYSCEF: 07/10/2023 (VWDWHRI'RQQD$QQ+D\HVY&ROJDWH3DOPROLYH&RHWDO