On April 06, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
Bradford Brett,
Linda Johnson-Brett,
and
A.O. Smith Corporation.,,
Avon Products, Inc.,,
Bird Incorporated,,
Brenntag North America, Inc., Individually And As Successor In Interest To Mineral Pigment Solutions, Inc., As Successor In Interest To Whittaker, Clark & Daniels, Inc.,,
Bristol-Myers Squibb Company,
Burnham Holdings Llc,
Burnham, Llc, Individually And As Successor To Burnham Corporation,,
Carrier Corporation,,
Chanel, Inc.,,
Clinique Laboratories, Llc,,
Colgate Palmolive Company,
Compudyne Corporation, Individually And As Successor To York-Shipley,
Conopco, Inc., Individually And As Successor In Interest To Cheseborough-Ponds, Inc.,,
Coty, Inc.,,
Crane Co.,,
Crown Boiler Co.,,
Dap, Inc.,,
Ecr International, Inc., Individually And As Successor In Interest To Dunkirk, Dunkirk Boilers And Utica Boilers,,
Elizabeth Arden, Inc., Individually And As Successor In Interest To Evyan Perfumes, Inc.,,
Estee Lauder, Inc.,,
Estee Lauder International, Inc.,,
Fort Kent Holdings, Inc., F K A Dunham-Bush, Inc.,,
Friend Lumber Company Of Lowell,,
General Electric Company,,
Goulds Pumps, Inc.,,
Grinnell Llc,,
Honeywell International, Inc., F K A Allied Signal, Inc. Bendix,,
Itt Corporation, Individually, And As Successor In Interest To Bell & Gossett And Hoffman Specialty,,
Kaiser Gypsum Company, Inc.,,
Keeler-Dorr-Oliver Boiler Company,,
Macys, Inc.,,
Mineral And Pigment Solutions, Inc., F K A Whittaker, Clark & Daniels, Inc.,,
Minnesota Mining & Manufacturing Company, A K A 3M Company,,
New Yorker Boiler Co., Inc.,,
Paramount Global F K A Viacomcbs, Inc. F K A Cbs Corporation, A Delaware Corporation, F K A Viacom Inc., Successor By Merger To Cbs Corporation, A Pennsylvania Corporation, F K A Westinghouse Electric Corporation,,
Parfums De Couer Ltd,
Pecora Corp.,,
Pfizer, Inc., Individually And As Successor To Coty Inc.,,
Revlon, Inc., Individually And As Successor In Interest To Jean Nate, Evyan Perfumes, Inc. And Enjoli, Inc.,,
Rheem Manufacturing Co., Rudd Water Heater Division,,
R.W. Beckett Corp.,,
Schneider Electric Usa, Inc., Formerly Known As Square D Company,
Slant Fin Corporation,,
Sos Products Co. Inc.,,
Spirax Sarco, Inc., Individually And As Successor To Sarco Company,,
Union Carbide Corporation,,
Weil Mclain, A Division Of The Marley Wylain Company,,
Whittaker, Clark & Daniels, Inc.,,
for Torts - Asbestos
in the District Court of Monroe County.
Preview
INDEX NO. E2022002698
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3822720
Book Page CIVIL
Return To: No. Pages: 57
KUSH SHUKLA
1040 6th Avenue, Suite 12B Instrument: EXHIBIT(S)
New York, NY 10018
Control #: 202404121801
Index #: E2022002698
Date: 04/12/2024
JOHNSON-BRETT, LINDA Time: 4:08:36 PM
BRETT, BRADFORD
A.O. SMITH CORPORATION.,
AVON PRODUCTS, INC.,
BIRD INCORPORATED,
BRENNTAG NORTH AMERICA, INC., individually and as
successor in interest to MINERAL PIGMENT SOLUTIONS,
INC., as successor in interest to WHITTAKER, CLARK &
noe rene
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
OTN
MONRO OUN PK 04 DM INDE HOE 2€22022092
698
NYSCEF BOC. NO. 789 RECEIVED NYSCEF: 04/12/2024
EXHIBIT 62
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E 28225102092. 698
NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024
Trial Day 5 April 16, 2015 Winkel v. Calaveras
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
DEPARTMENT FS50 HON. RANDY RHODES
Coordinated Proceeding ) JCCP CASE NO. 4674
Special Title
(Rule 3.550)
LAOSD ASBESTOS CASES
JUDITH WINKEL and JOHN
WINKEL,
Plaintiffs,
Case No.
vs. BC549253
CALAVERAS ASBESTOS, LTD; et
al.,
Defendants.
REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS
THURSDAY, APRIL 16, 2015
TRIAL DAY V
REPORTED BY:
CLAY J. FRAZIER, CSR #13401,
RMR, CRR,
OFFICIAL REPORTER PRO TEMPORE
~ =
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NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024
Trial Day 5 April 16, 2015 Winkel v. Calaveras
2 (Pages 2 to 559)
1 APPEARANCES: INDEX
3 FOR THE PLAINTIFFS: TRIAL DAY V
‘ SIMON GREENSTONE PANATIER BARTLETT, PC THURSDAY, APRIL 16, 2015
BY: DAVID GREENSTONE, ESQ.
CHRIS PANATIER, ESQ.
3232 McKinney Avenve PAGE
Dallas, Texas 75204 JURY INSTRUCTIONS (Resumed) 367
cpanatier@sgpblaw.com
com
a and OPENING STATEMENTS:
‘SIMON GREENSTONE PANATIER BARTLETT,
BY: KYLE TRACY, ESQ. MR. DAVID GREENSTO! 574
10 301 East Ocean Boulevard MR. GARY SHARP 601
Suite 1950 10 MR. STEPHEN SWEDLOW 619
n Long Beach, California 90802
ktracy@sgpblaw.com ll
12 12 AFTERNOON SESSION 619
13
14 13
as 14
16 FOR DEFENDANT CALAVERAS ASBESTOS, LTD.: 15
FOLEY & MANSFIELD PLLP EXAMINATION OF WITNESSES
BY: GARY D. SHARP, ESQ. 16 WITNESS DIRECT CROSS REDIRECT
18 300 Lakeside Drive 17 MARIE CAPDEVIELLE 646"
‘Suite 1900
19 Onkdand, Califomia 94612 18
510,590.95 19 *Called under CCP 776 by the Plaintiffs
20 harp @oleymanafeld com
21 20
22 FOLEY & MANSFIELD PLLP 21
BY: DARREN P. JOHNSON, ESQ. 22 EXHIBITS
23 MELANIE L. AMEELE, ESQ.
300 South Grand Avenue. 23 PAGE
24 Suite 2800 24 Exhibit No. 2 - Juror Wayans’ Letter 566
Los Angeles, California 90071
28 213.283.21 25
djohnson@foleymansfield.com 26
26 mameele@foleymansfield.com 27
27
28 28
Page 559
APPEARANCES CONTINUED: CASE NUMBER: BCS49253
FOR DEFENDANT COLGATE-PALMOLIVE COMPANY: CASE NAME: WINKEL V. CALAVERAS
EMANUEL URQUHART & SULLIVAN, LLP CHATSWORTH, CALIFORNIA THURSDAY, APRIL 16,2015
BY: CHRISTINE H. CHUN( DEPARTMENT FSO HON. RANDY RHODES
FAITH E. GAY, ESQ.
KAITLYN KERRANE, ESQ, REPORTER: CLAY J, FRAZIER, CSR NO. 13401
51 Madison Avenue TIME: 10:00 A.M,
22nd Floor -0-
New York, New York 10010
212.8497 (Outside the presence of the jury:)
cchristinechung@aquinnemanuel.com ‘THE COURT: If I can bave all your attention
faithgay@quinnemsnuel.com
Aaitlynkerranc(@quinnemanuel.com 10 real quick. I'm back on the record on Winkel. All
10 -and- in counsel are present. We're outside the presence of the
1 UINN EMANUEL URQUHART & SULLIVAN, LLP 12 Jury.
BY: STEPHEN A. SWEDLOW,
12 500 West Madison Street a Gentlemen, ladies, I received « letter from a
Suite 2450 1a Juror this morning. Any odd betson who it's from?
13 Chicago, Ilinois 60661
312.708.7400 15 MR. PANATIER: No, No need to bet, your
14 sephenswedlow@quonemane! com 16 Honor, Please continue,
1s vv ‘THE COURT: (Reading:)
16 QUINN EMANUEL URQUHART & SULLIVAN, LLP
BY: IANS. SHELTON, ESQ. 18 Dear, sir, with al due respect, I would like
vn 865 S, Figueroa Street 19 to be excused from this ease, I would be remiss if 1
10th Floor 20 ‘was not forthcoming enough to concede that { am not the
18 Los Angeles, Califomin 90017
213.443.3000 21 right — that I am not right for this case for numerous
1g ianshelton@quinnemanuel.com 22 reasons, I caxaot set aside my prior adamant
20
22 23 unwavering feeling and show up as a blank state ~
22 24 “state” but "slate" — per your instructions or
23
24 25 suggestions, I understand that we are to meke a
25 26 decision based on the law; however, that assumes we
26 27 think — we think the law is fai
27
28 28 {dont bev the lw is fr pe
ee e- OS om
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24 (Pages 644 to 647)
Page 644 Page 646
70-plus-year period. They showed no impact on tung
cancer, And that's what — the epidemiology that you DIRECT EXAMINATION
will hear that relates to Cashmere Bouquet. None of BY MR. GREENSTONE:
those people got mesothelioma. Q_ Good afternoon, ma'am,
T want to make one thing clear before 1 stop A Good afternoon,
talking, w! ich you guys probably want me to do, Q My name Is David Greenstone, And it is
Mr, ad Mrs. Winkel are not on trial here. correct that before this moment, you and I have never
Colgate-Palmotive isn't trying to say that Mr. and met; correct?
Mrs, Winkel are bad people or that she's not suffering. A Correct.
10 ‘That's not a disputed issue in this case. She is 10 Q It’s a little unusual you're my first witness,
aL suffering. People who have disease and cancer suffer. ll but you actually are employed by Colgate?
12 People who have mesothelioma suffer, 12 A Yes,
13 ‘What Colgate-Palmolive is here to do is to 13 Q Can you tell us ~ well, first
of all, you are
4 defend itself against the allegation that its cosmetic 14 the worldwide director of occupations! health and
15 talcum product that she used somehow caused her disease 15 product sustainability for Colgate; is that true?
16 beca se that cosmetic tale and powder did not cause her 16 A True, Yes.
17 dis c. 17 Q And how Jong have you had that particular
18 Thank you for your time, 18 position?
19 THE COURT: Thank you. 19 ‘A. Three years,
20 Ready to call the first witness? 20 Q In this case, you understand that you are
21 MR. GREENSTONE: Yes, your Honor, 2. actually the person that Colgate designated as their
22 Plaintiffs call, adversely, the Colgate 22 corporate representative?
23 corporate representative Marie Capdevielle. 23 A Yes.
24 THE COURT: Pursuant to 776. Let's do that, 24 Q And what that means ~ and let me just make
25 please, 25 sure that we have the same understanding. And if we
26 MS. CHUNG: Your Honor, we will get her. 26 don’ f at any point we don't, let me know. And if
27 ‘THE COURT: Thank you, 27 I get going too fast, let me know that too,
28 (Pause In the proceedings.) 28 A Okay.
Page 645 Page 647
‘THE COURT: There we go. Thank you, ma'am. Q What that means is that when we're talking to
If you would come down in front for us, please. you, it's the same thing as if we're asking questions
Ifyou can come all the way up next to the and talking to Colgate; correct?
witness stand for us, please, and remain standing, If A. Yes. I'm the corporate representative for
you would dome the kind favor, Raise your right hand. Colgate,
THE CLERK: Do you solemnly state that the Q It means you're basically the face of the
testimony you may give in the cause now pending before company for purposes of this trial?
this Court shall be the truth, the whole truth, and A Yes,lam.
nothing but the truth so help you God? Q The things you say bind the company. They're
10 THE WITNESS: I do, . 10 admissions of the company.
ll THE CLERK: Please have a seat in the witness 11 A. Yes. They represent my knowledge, what I've
12 stand, Please state your name and spell your name for 12 leamed about this information,
13 the record. 13 Q Okay, I'm going to talk about — virtually
14 THE WITNESS: My name is Marie Capdevielle. 14 everything I'm going to ask you has been asked of you
15 ‘So Marie, M-a-r-i-t. And Capdevielle, 15 before. If there's ever a time when we need to go back
16 Capdeviette, 16 toa deposition transcript or anything like that, I
17 THE COURT: Thank you, ma'am. Is the little 17 have them here for you.
18 red light on that microphone there? 18 So please let me know if we ever get to that
19 THE WITNE: Yes, 19 point, if you ever can't remember.
20 ‘THE COURT: You can move the mic around. You 20 But I'm fairly ceriai sat we can move
21 can move that anywhere on the witness stand so that the 21 through this fairly quickly and that every question
22 jury can hear you, And if anybody's having a problem 22 that I'm going to ask you is something that somebody
23 hearing, ple let me know. Thank you. 23 as asked you in the past.
24 ‘Counsel. 24 Fair?
25 MR. GREENSTONE: Thank you, your Honor. 25 A Okay.
26 MARIE CAPDEVIELLE, 26 Q Okay. Now, I want to start by king about
27 having declared under penalty of perjury to tell the 27 some of Colgate's corporate safety policies or safety
28 truth, was examined and testified as follows: 28 rules,
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‘We beard you were not in the courtroom when Colgate?
Mr. Swediow, Colgate’s counsel, was giving bis opening ‘A. Probably, approximately. I'm not sure what
statement, but he talked a lot about some things that year they started.
are important to Colgate, And I guess what I want to Q Okay.
start with is some Colgate policy issues. A. Itwas certainly early 1900s, if not earlier.
From 2 policy standpoint, Colgate agrees that Q Fairenough.
8 company should never needlessly endanger the public: ‘One of the reasons that Colgate agrees with
true? this statement and you do on behalf of them — that»
A. Oh, absolutely. company must test Its products to ensure that they are
10 Q Okay. And Colgate agrees ~ maybe this is a 10 safe before selling them — it's because if you don't
11 litle easier If I stand closer so that not ll do that, then there's » potential there for needlessly
12 yelling. 12 endangering the public if the product turns out to be
13 Colgate agrees that — and, in fact, you've 13 dangerous; true?
14 agreed on bebalf of Colgate that » company has an 14 A Absolutely.
as absolute responsibility to make a safe product. 15 Q Okay. Of course, you would agree with me that
16 A. Absolutely. Yes. 16 the company should never sacrifice safety for its
a7 Q Okay, My handwriting is atrocious, My 17 profits?
18 spelling Is atrocious, but we'll do the best we can. 18 A No, We'd never~ never secrifice safety for
19 THE COURT: You don't have word check on your 19 profits.
20 easel? 20 Q Olay.
21 MR. GREENSTONE: And I can't go like this and 21 THE COURT: So the answer to that question
22 blow it up, your Honor. 22 would be "yes.""
23 BY MR. GREENSTONE: 23 THE WITNESS: Yes.
24 Q But I've written up here Colgate agrees you 24 MR. GREENSTONE: Did I ask the double
25 t needlessly endanger the public and that you have 25 negative?
26 solute responsibility to sell » safe product, 26 BY MR. GREENSTONE:
27 Correct? 27 Q Acompany should never sacrifice safety for
28 A Yes, 28 profits. You agree; correct?
Page 649 Page 651
Q Okay. That actually does say that. A Lagree.
Now, you would also agree and Colgate would Q Okay.
also agree that a company must test its products to ‘THE COURT: ts of "corrects" in there,
ensure that they're safe before selling them, BY MR. GREENSTONE:
Actually, you've testified to that before; Q And Colgate agrees that a company should
true? never — should never put a toxic substance like
A. Yes, We make sure all the products we sell asbestos in a cosmetic product; true?
are safe, A Truc.
Q Okay. And, in fact, what you've said, though, Q The reason that's true is because that's sort
10 was that Colgate agrees that a company must test its 10 of the ultimate needlessly endangering the public, to
ll products to ensure they are safe before selling them; ll take a toxic substance like asbestos and put it in a
12 true? 12 cosmetic product ~ by definition, that's needless
13 A Weensure all of our products are safe before 13 endangerment of the public.
14 we sell them, yes. 14 A Right.
15 Q Okay, So I'm writing, "Company must test to 1s Q Fair?
16 ensure safety before selling." 16 A We would never put asbestos in a product.
17 You agree with that, Colgate agrees with 17 Q You would never let asbestos be put ina
18 that; fair? 18 cosmetic product that you sold?
19 A Yes, 19 A No. We would never.
20 Q Okay. How long have you been with Colgate? 20 Q Okay. And it's your position on behalfof
21 A Almost
31 years. 21 Colgate that Colgate has a zero tolerance policy, has
22 Q > Sowhere does that put us in terms of — what 22 had a zero tolerance policy with respect to asbestos in
23 was the first year you were with them? 23 its cosmetic products like Cashmere Bouquet?
24 A 1984, 24 A Yes. That's correct.
25 Q 1984. Okay. 25 Q And it's also your claim that Colgate has
26 And it's fair to say that Colgate had been in 26 never had asbestos in any of its Cashmere Bouquet;
27 true?
ae
the business of selling cosmetic talc and powder for 27
28 over 100 years before you ever started working for 28
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Page 652 Page 654
Q And that's because Colgate understands that if you started with Colgate in 1984?
they had asbestos in a product like Cashmere Bouquet, A Yes.
people could die. It could kill people; true? Q And so it's fair that for a large portion of
A If there was asbestos in a product, asbestos ‘the time that Colgate sold Cashmere Bouquet, those were
causes health concerns, So we would recognize that, from time periods before you were ever with the
and we would never put it in a product. company; true?
Q Okay. And you know that there's no safe level A Yes,
of exposure to asbestos. Colgate knows that; true? Q Okay. So when you're talking about Colgate's
A Yes, We would not have it in our product. zero tolerance policy, what you believe to be Colgate's
10 Q And one
of the ressons that ~ I'm sorry. I 10 zero tolerance policy and Colgate’s position about
11 didn't mean to jump on your answer there, so 1 ul that, that comes from you going back and talking to
12 apologize. 12 people; fair?
13 One of the reasons Colgate would never put it 13 A. Yes, I spoke with people, and that policy
14 in their product is because Colgate knows that there is 14 also existed once | joined the company.
15 no safe level of exposure to asbestos; true? a5 Q Sons of 1984, you know there was a zero
16 A We believe that there's a zero tolerance 16 tolerance policy because you were there, and you lived
17 policy for having any asbestos in our product. 17
18 Q Okay, And I'm just wondering, My question 18 ‘A. Right. And from the folks I spoke with, 1
19 was just a little bit different, which is that you 19 leamed the history of the development ofthat policy.
20 believe Colgate had » zero tolerance policy for 20 Q Okay. Fair enough.
2. asbestos because Colgate knows that there's no safe 21 Now, I want to shift gears with you fora few
22 level of exposure to asbestos; true? 22 minutes and talk about some historyas It relates to
23 ‘A. I'm strugglingwith your wording. 1 23 Colgate. And if you don't know, that's fine. I think
24 apologize. 24 you'll know most of this, though.
25 But we have a zero tolerance policy because we 25 First of all, Colgate was founded in New York
26 do not want it in our product. We do not want it to 26 City in the early 1800s, Fair?
27 be — we don't want any consumers to be exposed to it, 27 A Yes.
28 And we don't if there's a concem if it is in our 28 Q Okay. And they started selling
Page 653 Page 655
Cashmere Bouquet, 2s we talked about, sometime in the
Q ‘And if there is any asbestos in a product like 18708, Does that sound about right?
Cashmere Bouquet, it can be dangerous to someone like A I don't know the exact date. I know when |
Judith Winkel who's using it; true? Jooked at some of the reports that we have, it goes
A. It would be dangerous - it could be dangerous back to -» as far back in advertisements -- like 1911
to someone
using it, yes. you see ~ I think there may be some from like the
Q Okay. 1890s,
THE COURT: I think this Is 2 good time for a Q Ifon your Colgate website it says the 1870s,
break for a few moments, if you would, do you have any reason to disagree with that?
20 MR. GREENSTONE: Of course. 10 No, I don't.
1. THE COURT: We're going to take a restroom ll ‘That's how I found that out.
12 break Five or ten minutes, Let's take ten minutes. 12 Okay.
13 Streteh your legs, Do not discuss the case, Speak 13 It'sag food website,
14 entirely of matters unrelated to the trial. Thank you 4 ‘Thanks.
15 for your time and attention so far this afternoon. 15 Tell me, if you can — now, first of all, what
16 (Recess. 16 was Cashmere Bouquet?
17 THE COURT: Okay. We're back on the record, 17 A. Cashmere Bouquet was a talcum powder.
18 BY MR. GREENSTONE: 18 Q Okay. And how was it intended to be used?
19 Q May I ask. Is it Dr. Capdevielle or 19 A It was intended to be used as a powder that
20 Ms. Capdevielle? 20 you could sprinkle on your body.
21 A. Oh, you can use either one. 21 Q It was an intended ~ let me just ask this:
22 Q Okay. What do you prefer? Doctor, I'll go 22 Do you agree that Colgate was selling a
23 with doctor, 23 Product intending ¢ 1 It be a product that somebody
24 A Okay. 24 can use every day?
25 Q Fair enough. Sorry for not asking that 25 A Yes.
26 earlier, 26 Q They advertised, "Use it every day after
27 ‘A. That's okay. 27 showering"?
28 Q_ Now, I want to clarify, You indicated that 28 A. Iiwas intendedfor daily use,
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Page 656 Page 658
Q And the bottle or the tin that Q Okay. And Colgate was a member of the
Cashmere Bouquet came in had like a puffer. You could National Safety Counci} continuously from, say, 1911
actually puff the talcum powder out of it? until, really, the present; true?
A Well, there are a number
of different A Yes.
packages. So some of them were tin where you may have Q And Colgate — well, first of all, you would
been able to do that, to squeeze the container. agree that one of the purposes of this organization,
Q Okay. Part of the way the product was the National Safety Council, was to publish information
designed, at least at some points, was to create dust, about hazardous substances; true?
to create something that you would then sprinkle on A. Yes, That was part of what they did.
10 yourself. 10 Q And what you've suid before is that these
i A . The intent with any powder, yes, you're going nl Publications from the National Safety Council actually
12 to sprinkle it on yourself. So that would be -- that 12 were sent to Colgate and ended up at the manufacturing
13 would be how you would use the product. 13 facilities; true?
14 Q Okay, And if we're talking about sort of 14 A Ihave to be honest. I don't remember
if 1
1s historically ~ and, again, you weren't ~ some of this 15 had mentioned that. { may have.
16 would have been, perhaps, easier if you bad been in the 16 Q You don't remember testifying about —
17 courtroom during opening statement, But Colgate used n testifying about that in your depositionin the
18 tale from three different locations historically. 18 Goldsmith case?
19 ‘Onc was the Val Chisone mine in Italy; is that 19 A Tmay have. Currently right now, I don't
20 correct? 20 remember that conversation.
2. A Yes. 21 MR. SWEDLOW: Your Honor, I'm sorry. Can we
22 Q Also, they used tale from Willow Creek, 22 ask for a side-bar on this question?
23 Montana; fair? 23 ‘THE COURT: Sure. Clay.
24 A Yes. 24 (io camera proceedings:)
25 Q And also from Regal, North Carolina; true? 25 ‘THE COURT: Sorry. Go abead. Ms. Chung.
26 A Yes. 26 MS. CHUNG: So, your Honor, you may remember
27 Q And you're not particularly aware of which 27 that there was an exchange of motions in limine about
28 time periods which mines were used; Is that fair? 1 28 referencing to rulings from other cases by them.
Page 657 Page 659
think that's what you've told us before. THE COURT: Uh-huh.
A_ Well, we have some understanding based on the MS. CHUNG: And we had made a motion about
records that we have. references to other cases.
The actual mines — we didn't purchase tale ‘There's something that Mr, Greenstone's doing
from the mines. We purchased it from suppliers. So we that's fine, and there's something that I thinkis
have information from our suppliers on where they problematic, He mentioned the other case; okay. And
receive their tale ftom, ‘we — for us, it's going to be very prejudicial if the
Q And the tale where your suppliers received it jury hears chat there are other Cashmere Bouquet eases.
from were those three locations, Val Chisone, Italy; ‘They need — those are allegations and only
10 ‘Willow Creek, Montana; and Regal, North Carolina; true? 10 allegations. They've never been established to be true
a A Yes. 11 against us,
12 Q Okay. Now, I want to shift gears for a second 12 MR. GREENSTONE: I agree,
13 and talk about the National Safety Council because | MS. CHUNG: It's fine t
14 talked about it a bit in opening statement. 14 MR. GREENSTONE: I'll fix it,
is Colgate was a founding member of the National 1s THE COURT: Can't you just say that “didn't
16 Safety Council in about 1910 or 1911; true? 16 you testify somewhere," something like that? But can
7 A We were an early member. | don't know that we a7 ‘we keep out the references? Because, again, we're
18 were a founding member, but we were an early member in 18 trying to keep it as clean as we can.
1 the National Safety Council. MR. GREENSTONE: Understood, Okay.
20 Q Okay, In your deposition, did't you 20 MS. CHUNG: Transcript is fine,
22 characterize {t that you had seen documentation or you 21 And the witness has also been instructed, as I
22 believed that Colgate was a founding member of the 22 think most of the witnesses are going to have to be —
23 National Safety Council? 23 THE COURT: I'll adopt her rulings.
24 A No. | believe that [ might have been asked if 24 MR. PANATIER: I assume it goes both ways for
25 ‘we were @ founding member, and I indicated my contact 25 all witnesses, including experts.
26 hhad told me we were a member from very earlyon, 26 MS. CHUNG: Yes, And the judge should
27 Q Okay. 27 understand.
28 My contact within Colgate 28 Judge, maybe this is useful, but many of our
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INDEX NO. E2022002698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3822720 Book Page CIVIL Return To: No. Pages: 57 KUSH SHUKLA 1040 6th Avenue, Suite 12B Instrument: EXHIBIT(S) New York, NY 10018 Control #: 202404121801 Index #: E2022002698 Date: 04/12/2024 JOHNSON-BRETT, LINDA Time: 4:08:36 PM BRETT, BRADFORD A.O. SMITH CORPORATION., AVON PRODUCTS, INC., BIRD INCORPORATED, BRENNTAG NORTH AMERICA, INC., individually and as successor in interest to MINERAL PIGMENT SOLUTIONS, INC., as successor in interest to WHITTAKER, CLARK & noe rene Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK OTN MONRO OUN PK 04 DM INDE HOE 2€22022092 698 NYSCEF BOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 EXHIBIT 62 INDEEXNG E 28225102092. 698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 Trial Day 5 April 16, 2015 Winkel v. Calaveras SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES DEPARTMENT FS50 HON. RANDY RHODES Coordinated Proceeding ) JCCP CASE NO. 4674 Special Title (Rule 3.550) LAOSD ASBESTOS CASES JUDITH WINKEL and JOHN WINKEL, Plaintiffs, Case No. vs. BC549253 CALAVERAS ASBESTOS, LTD; et al., Defendants. REPORTER'S TRANSCRIPT OF TRIAL PROCEEDINGS THURSDAY, APRIL 16, 2015 TRIAL DAY V REPORTED BY: CLAY J. FRAZIER, CSR #13401, RMR, CRR, OFFICIAL REPORTER PRO TEMPORE ~ = iDepo Reporters www iDepoReporters.com 323.393.3768 INDEEXNG E 28225102092. 698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 Trial Day 5 April 16, 2015 Winkel v. Calaveras 2 (Pages 2 to 559) 1 APPEARANCES: INDEX 3 FOR THE PLAINTIFFS: TRIAL DAY V ‘ SIMON GREENSTONE PANATIER BARTLETT, PC THURSDAY, APRIL 16, 2015 BY: DAVID GREENSTONE, ESQ. CHRIS PANATIER, ESQ. 3232 McKinney Avenve PAGE Dallas, Texas 75204 JURY INSTRUCTIONS (Resumed) 367 cpanatier@sgpblaw.com com a and OPENING STATEMENTS: ‘SIMON GREENSTONE PANATIER BARTLETT, BY: KYLE TRACY, ESQ. MR. DAVID GREENSTO! 574 10 301 East Ocean Boulevard MR. GARY SHARP 601 Suite 1950 10 MR. STEPHEN SWEDLOW 619 n Long Beach, California 90802 ktracy@sgpblaw.com ll 12 12 AFTERNOON SESSION 619 13 14 13 as 14 16 FOR DEFENDANT CALAVERAS ASBESTOS, LTD.: 15 FOLEY & MANSFIELD PLLP EXAMINATION OF WITNESSES BY: GARY D. SHARP, ESQ. 16 WITNESS DIRECT CROSS REDIRECT 18 300 Lakeside Drive 17 MARIE CAPDEVIELLE 646" ‘Suite 1900 19 Onkdand, Califomia 94612 18 510,590.95 19 *Called under CCP 776 by the Plaintiffs 20 harp @oleymanafeld com 21 20 22 FOLEY & MANSFIELD PLLP 21 BY: DARREN P. JOHNSON, ESQ. 22 EXHIBITS 23 MELANIE L. AMEELE, ESQ. 300 South Grand Avenue. 23 PAGE 24 Suite 2800 24 Exhibit No. 2 - Juror Wayans’ Letter 566 Los Angeles, California 90071 28 213.283.21 25 djohnson@foleymansfield.com 26 26 mameele@foleymansfield.com 27 27 28 28 Page 559 APPEARANCES CONTINUED: CASE NUMBER: BCS49253 FOR DEFENDANT COLGATE-PALMOLIVE COMPANY: CASE NAME: WINKEL V. CALAVERAS EMANUEL URQUHART & SULLIVAN, LLP CHATSWORTH, CALIFORNIA THURSDAY, APRIL 16,2015 BY: CHRISTINE H. CHUN( DEPARTMENT FSO HON. RANDY RHODES FAITH E. GAY, ESQ. KAITLYN KERRANE, ESQ, REPORTER: CLAY J, FRAZIER, CSR NO. 13401 51 Madison Avenue TIME: 10:00 A.M, 22nd Floor -0- New York, New York 10010 212.8497 (Outside the presence of the jury:) cchristinechung@aquinnemanuel.com ‘THE COURT: If I can bave all your attention faithgay@quinnemsnuel.com Aaitlynkerranc(@quinnemanuel.com 10 real quick. I'm back on the record on Winkel. All 10 -and- in counsel are present. We're outside the presence of the 1 UINN EMANUEL URQUHART & SULLIVAN, LLP 12 Jury. BY: STEPHEN A. SWEDLOW, 12 500 West Madison Street a Gentlemen, ladies, I received « letter from a Suite 2450 1a Juror this morning. Any odd betson who it's from? 13 Chicago, Ilinois 60661 312.708.7400 15 MR. PANATIER: No, No need to bet, your 14 sephenswedlow@quonemane! com 16 Honor, Please continue, 1s vv ‘THE COURT: (Reading:) 16 QUINN EMANUEL URQUHART & SULLIVAN, LLP BY: IANS. SHELTON, ESQ. 18 Dear, sir, with al due respect, I would like vn 865 S, Figueroa Street 19 to be excused from this ease, I would be remiss if 1 10th Floor 20 ‘was not forthcoming enough to concede that { am not the 18 Los Angeles, Califomin 90017 213.443.3000 21 right — that I am not right for this case for numerous 1g ianshelton@quinnemanuel.com 22 reasons, I caxaot set aside my prior adamant 20 22 23 unwavering feeling and show up as a blank state ~ 22 24 “state” but "slate" — per your instructions or 23 24 25 suggestions, I understand that we are to meke a 25 26 decision based on the law; however, that assumes we 26 27 think — we think the law is fai 27 28 28 {dont bev the lw is fr pe ee e- OS om iDepo Reporters www.iDepoReporters.com 323.393.3768 INDEEXNG E 2822912092 698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 Trial Day 5 April 16, 2015 Winkel v. Calaveras 24 (Pages 644 to 647) Page 644 Page 646 70-plus-year period. They showed no impact on tung cancer, And that's what — the epidemiology that you DIRECT EXAMINATION will hear that relates to Cashmere Bouquet. None of BY MR. GREENSTONE: those people got mesothelioma. Q_ Good afternoon, ma'am, T want to make one thing clear before 1 stop A Good afternoon, talking, w! ich you guys probably want me to do, Q My name Is David Greenstone, And it is Mr, ad Mrs. Winkel are not on trial here. correct that before this moment, you and I have never Colgate-Palmotive isn't trying to say that Mr. and met; correct? Mrs, Winkel are bad people or that she's not suffering. A Correct. 10 ‘That's not a disputed issue in this case. She is 10 Q It’s a little unusual you're my first witness, aL suffering. People who have disease and cancer suffer. ll but you actually are employed by Colgate? 12 People who have mesothelioma suffer, 12 A Yes, 13 ‘What Colgate-Palmolive is here to do is to 13 Q Can you tell us ~ well, first of all, you are 4 defend itself against the allegation that its cosmetic 14 the worldwide director of occupations! health and 15 talcum product that she used somehow caused her disease 15 product sustainability for Colgate; is that true? 16 beca se that cosmetic tale and powder did not cause her 16 A True, Yes. 17 dis c. 17 Q And how Jong have you had that particular 18 Thank you for your time, 18 position? 19 THE COURT: Thank you. 19 ‘A. Three years, 20 Ready to call the first witness? 20 Q In this case, you understand that you are 21 MR. GREENSTONE: Yes, your Honor, 2. actually the person that Colgate designated as their 22 Plaintiffs call, adversely, the Colgate 22 corporate representative? 23 corporate representative Marie Capdevielle. 23 A Yes. 24 THE COURT: Pursuant to 776. Let's do that, 24 Q And what that means ~ and let me just make 25 please, 25 sure that we have the same understanding. And if we 26 MS. CHUNG: Your Honor, we will get her. 26 don’ f at any point we don't, let me know. And if 27 ‘THE COURT: Thank you, 27 I get going too fast, let me know that too, 28 (Pause In the proceedings.) 28 A Okay. Page 645 Page 647 ‘THE COURT: There we go. Thank you, ma'am. Q What that means is that when we're talking to If you would come down in front for us, please. you, it's the same thing as if we're asking questions Ifyou can come all the way up next to the and talking to Colgate; correct? witness stand for us, please, and remain standing, If A. Yes. I'm the corporate representative for you would dome the kind favor, Raise your right hand. Colgate, THE CLERK: Do you solemnly state that the Q It means you're basically the face of the testimony you may give in the cause now pending before company for purposes of this trial? this Court shall be the truth, the whole truth, and A Yes,lam. nothing but the truth so help you God? Q The things you say bind the company. They're 10 THE WITNESS: I do, . 10 admissions of the company. ll THE CLERK: Please have a seat in the witness 11 A. Yes. They represent my knowledge, what I've 12 stand, Please state your name and spell your name for 12 leamed about this information, 13 the record. 13 Q Okay, I'm going to talk about — virtually 14 THE WITNESS: My name is Marie Capdevielle. 14 everything I'm going to ask you has been asked of you 15 ‘So Marie, M-a-r-i-t. And Capdevielle, 15 before. If there's ever a time when we need to go back 16 Capdeviette, 16 toa deposition transcript or anything like that, I 17 THE COURT: Thank you, ma'am. Is the little 17 have them here for you. 18 red light on that microphone there? 18 So please let me know if we ever get to that 19 THE WITNE: Yes, 19 point, if you ever can't remember. 20 ‘THE COURT: You can move the mic around. You 20 But I'm fairly ceriai sat we can move 21 can move that anywhere on the witness stand so that the 21 through this fairly quickly and that every question 22 jury can hear you, And if anybody's having a problem 22 that I'm going to ask you is something that somebody 23 hearing, ple let me know. Thank you. 23 as asked you in the past. 24 ‘Counsel. 24 Fair? 25 MR. GREENSTONE: Thank you, your Honor. 25 A Okay. 26 MARIE CAPDEVIELLE, 26 Q Okay. Now, I want to start by king about 27 having declared under penalty of perjury to tell the 27 some of Colgate's corporate safety policies or safety 28 truth, was examined and testified as follows: 28 rules, iDepo Reporters www.iDepoReporters.com 323.393.3768 INDEEXNG E 28225102092. 698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 Trial Day 5 April 16, 2015 Winkel v. Calaveras 25 (Pages 648 to 651) Page 648 Page 650 ‘We beard you were not in the courtroom when Colgate? Mr. Swediow, Colgate’s counsel, was giving bis opening ‘A. Probably, approximately. I'm not sure what statement, but he talked a lot about some things that year they started. are important to Colgate, And I guess what I want to Q Okay. start with is some Colgate policy issues. A. Itwas certainly early 1900s, if not earlier. From 2 policy standpoint, Colgate agrees that Q Fairenough. 8 company should never needlessly endanger the public: ‘One of the reasons that Colgate agrees with true? this statement and you do on behalf of them — that» A. Oh, absolutely. company must test Its products to ensure that they are 10 Q Okay. And Colgate agrees ~ maybe this is a 10 safe before selling them — it's because if you don't 11 litle easier If I stand closer so that not ll do that, then there's » potential there for needlessly 12 yelling. 12 endangering the public if the product turns out to be 13 Colgate agrees that — and, in fact, you've 13 dangerous; true? 14 agreed on bebalf of Colgate that » company has an 14 A Absolutely. as absolute responsibility to make a safe product. 15 Q Okay. Of course, you would agree with me that 16 A. Absolutely. Yes. 16 the company should never sacrifice safety for its a7 Q Okay, My handwriting is atrocious, My 17 profits? 18 spelling Is atrocious, but we'll do the best we can. 18 A No, We'd never~ never secrifice safety for 19 THE COURT: You don't have word check on your 19 profits. 20 easel? 20 Q Olay. 21 MR. GREENSTONE: And I can't go like this and 21 THE COURT: So the answer to that question 22 blow it up, your Honor. 22 would be "yes."" 23 BY MR. GREENSTONE: 23 THE WITNESS: Yes. 24 Q But I've written up here Colgate agrees you 24 MR. GREENSTONE: Did I ask the double 25 t needlessly endanger the public and that you have 25 negative? 26 solute responsibility to sell » safe product, 26 BY MR. GREENSTONE: 27 Correct? 27 Q Acompany should never sacrifice safety for 28 A Yes, 28 profits. You agree; correct? Page 649 Page 651 Q Okay. That actually does say that. A Lagree. Now, you would also agree and Colgate would Q Okay. also agree that a company must test its products to ‘THE COURT: ts of "corrects" in there, ensure that they're safe before selling them, BY MR. GREENSTONE: Actually, you've testified to that before; Q And Colgate agrees that a company should true? never — should never put a toxic substance like A. Yes, We make sure all the products we sell asbestos in a cosmetic product; true? are safe, A Truc. Q Okay. And, in fact, what you've said, though, Q The reason that's true is because that's sort 10 was that Colgate agrees that a company must test its 10 of the ultimate needlessly endangering the public, to ll products to ensure they are safe before selling them; ll take a toxic substance like asbestos and put it in a 12 true? 12 cosmetic product ~ by definition, that's needless 13 A Weensure all of our products are safe before 13 endangerment of the public. 14 we sell them, yes. 14 A Right. 15 Q Okay, So I'm writing, "Company must test to 1s Q Fair? 16 ensure safety before selling." 16 A We would never put asbestos in a product. 17 You agree with that, Colgate agrees with 17 Q You would never let asbestos be put ina 18 that; fair? 18 cosmetic product that you sold? 19 A Yes, 19 A No. We would never. 20 Q Okay. How long have you been with Colgate? 20 Q Okay. And it's your position on behalfof 21 A Almost 31 years. 21 Colgate that Colgate has a zero tolerance policy, has 22 Q > Sowhere does that put us in terms of — what 22 had a zero tolerance policy with respect to asbestos in 23 was the first year you were with them? 23 its cosmetic products like Cashmere Bouquet? 24 A 1984, 24 A Yes. That's correct. 25 Q 1984. Okay. 25 Q And it's also your claim that Colgate has 26 And it's fair to say that Colgate had been in 26 never had asbestos in any of its Cashmere Bouquet; 27 true? ae the business of selling cosmetic talc and powder for 27 28 over 100 years before you ever started working for 28 iDepo Reporters www. iDepoReporters.com 323.393.3768 INDEEXNG E 28225102092. 698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 Trial Day 5 April 16, 2015 Winkel v. Calaveras 26 (Pages 652 to 655) Page 652 Page 654 Q And that's because Colgate understands that if you started with Colgate in 1984? they had asbestos in a product like Cashmere Bouquet, A Yes. people could die. It could kill people; true? Q And so it's fair that for a large portion of A If there was asbestos in a product, asbestos ‘the time that Colgate sold Cashmere Bouquet, those were causes health concerns, So we would recognize that, from time periods before you were ever with the and we would never put it in a product. company; true? Q Okay. And you know that there's no safe level A Yes, of exposure to asbestos. Colgate knows that; true? Q Okay. So when you're talking about Colgate's A Yes, We would not have it in our product. zero tolerance policy, what you believe to be Colgate's 10 Q And one of the ressons that ~ I'm sorry. I 10 zero tolerance policy and Colgate’s position about 11 didn't mean to jump on your answer there, so 1 ul that, that comes from you going back and talking to 12 apologize. 12 people; fair? 13 One of the reasons Colgate would never put it 13 A. Yes, I spoke with people, and that policy 14 in their product is because Colgate knows that there is 14 also existed once | joined the company. 15 no safe level of exposure to asbestos; true? a5 Q Sons of 1984, you know there was a zero 16 A We believe that there's a zero tolerance 16 tolerance policy because you were there, and you lived 17 policy for having any asbestos in our product. 17 18 Q Okay, And I'm just wondering, My question 18 ‘A. Right. And from the folks I spoke with, 1 19 was just a little bit different, which is that you 19 leamed the history of the development ofthat policy. 20 believe Colgate had » zero tolerance policy for 20 Q Okay. Fair enough. 2. asbestos because Colgate knows that there's no safe 21 Now, I want to shift gears with you fora few 22 level of exposure to asbestos; true? 22 minutes and talk about some historyas It relates to 23 ‘A. I'm strugglingwith your wording. 1 23 Colgate. And if you don't know, that's fine. I think 24 apologize. 24 you'll know most of this, though. 25 But we have a zero tolerance policy because we 25 First of all, Colgate was founded in New York 26 do not want it in our product. We do not want it to 26 City in the early 1800s, Fair? 27 be — we don't want any consumers to be exposed to it, 27 A Yes. 28 And we don't if there's a concem if it is in our 28 Q Okay. And they started selling Page 653 Page 655 Cashmere Bouquet, 2s we talked about, sometime in the Q ‘And if there is any asbestos in a product like 18708, Does that sound about right? Cashmere Bouquet, it can be dangerous to someone like A I don't know the exact date. I know when | Judith Winkel who's using it; true? Jooked at some of the reports that we have, it goes A. It would be dangerous - it could be dangerous back to -» as far back in advertisements -- like 1911 to someone using it, yes. you see ~ I think there may be some from like the Q Okay. 1890s, THE COURT: I think this Is 2 good time for a Q Ifon your Colgate website it says the 1870s, break for a few moments, if you would, do you have any reason to disagree with that? 20 MR. GREENSTONE: Of course. 10 No, I don't. 1. THE COURT: We're going to take a restroom ll ‘That's how I found that out. 12 break Five or ten minutes, Let's take ten minutes. 12 Okay. 13 Streteh your legs, Do not discuss the case, Speak 13 It'sag food website, 14 entirely of matters unrelated to the trial. Thank you 4 ‘Thanks. 15 for your time and attention so far this afternoon. 15 Tell me, if you can — now, first of all, what 16 (Recess. 16 was Cashmere Bouquet? 17 THE COURT: Okay. We're back on the record, 17 A. Cashmere Bouquet was a talcum powder. 18 BY MR. GREENSTONE: 18 Q Okay. And how was it intended to be used? 19 Q May I ask. Is it Dr. Capdevielle or 19 A It was intended to be used as a powder that 20 Ms. Capdevielle? 20 you could sprinkle on your body. 21 A. Oh, you can use either one. 21 Q It was an intended ~ let me just ask this: 22 Q Okay. What do you prefer? Doctor, I'll go 22 Do you agree that Colgate was selling a 23 with doctor, 23 Product intending ¢ 1 It be a product that somebody 24 A Okay. 24 can use every day? 25 Q Fair enough. Sorry for not asking that 25 A Yes. 26 earlier, 26 Q They advertised, "Use it every day after 27 ‘A. That's okay. 27 showering"? 28 Q_ Now, I want to clarify, You indicated that 28 A. Iiwas intendedfor daily use, iDepo Reporters www.iDepoReporters.com 323.393.3768 INDEEXNG E 28225102092. 698 NYSCEF DOC. NO. 789 RECEIVED NYSCEF: 04/12/2024 Trial Day 5 April 16, 2015 Winkel v. Calaveras 27 (Pages 656 to 659) Page 656 Page 658 Q And the bottle or the tin that Q Okay. And Colgate was a member of the Cashmere Bouquet came in had like a puffer. You could National Safety Counci} continuously from, say, 1911 actually puff the talcum powder out of it? until, really, the present; true? A Well, there are a number of different A Yes. packages. So some of them were tin where you may have Q And Colgate — well, first of all, you would been able to do that, to squeeze the container. agree that one of the purposes of this organization, Q Okay. Part of the way the product was the National Safety Council, was to publish information designed, at least at some points, was to create dust, about hazardous substances; true? to create something that you would then sprinkle on A. Yes, That was part of what they did. 10 yourself. 10 Q And what you've suid before is that these i A . The intent with any powder, yes, you're going nl Publications from the National Safety Council actually 12 to sprinkle it on yourself. So that would be -- that 12 were sent to Colgate and ended up at the manufacturing 13 would be how you would use the product. 13 facilities; true? 14 Q Okay, And if we're talking about sort of 14 A Ihave to be honest. I don't remember if 1 1s historically ~ and, again, you weren't ~ some of this 15 had mentioned that. { may have. 16 would have been, perhaps, easier if you bad been in the 16 Q You don't remember testifying about — 17 courtroom during opening statement, But Colgate used n testifying about that in your depositionin the 18 tale from three different locations historically. 18 Goldsmith case? 19 ‘Onc was the Val Chisone mine in Italy; is that 19 A Tmay have. Currently right now, I don't 20 correct? 20 remember that conversation. 2. A Yes. 21 MR. SWEDLOW: Your Honor, I'm sorry. Can we 22 Q Also, they used tale from Willow Creek, 22 ask for a side-bar on this question? 23 Montana; fair? 23 ‘THE COURT: Sure. Clay. 24 A Yes. 24 (io camera proceedings:) 25 Q And also from Regal, North Carolina; true? 25 ‘THE COURT: Sorry. Go abead. Ms. Chung. 26 A Yes. 26 MS. CHUNG: So, your Honor, you may remember 27 Q And you're not particularly aware of which 27 that there was an exchange of motions in limine about 28 time periods which mines were used; Is that fair? 1 28 referencing to rulings from other cases by them. Page 657 Page 659 think that's what you've told us before. THE COURT: Uh-huh. A_ Well, we have some understanding based on the MS. CHUNG: And we had made a motion about records that we have. references to other cases. The actual mines — we didn't purchase tale ‘There's something that Mr, Greenstone's doing from the mines. We purchased it from suppliers. So we that's fine, and there's something that I thinkis have information from our suppliers on where they problematic, He mentioned the other case; okay. And receive their tale ftom, ‘we — for us, it's going to be very prejudicial if the Q And the tale where your suppliers received it jury hears chat there are other Cashmere Bouquet eases. from were those three locations, Val Chisone, Italy; ‘They need — those are allegations and only 10 ‘Willow Creek, Montana; and Regal, North Carolina; true? 10 allegations. They've never been established to be true a A Yes. 11 against us, 12 Q Okay. Now, I want to shift gears for a second 12 MR. GREENSTONE: I agree, 13 and talk about the National Safety Council because | MS. CHUNG: It's fine t 14 talked about it a bit in opening statement. 14 MR. GREENSTONE: I'll fix it, is Colgate was a founding member of the National 1s THE COURT: Can't you just say that “didn't 16 Safety Council in about 1910 or 1911; true? 16 you testify somewhere," something like that? But can 7 A We were an early member. | don't know that we a7 ‘we keep out the references? Because, again, we're 18 were a founding member, but we were an early member in 18 trying to keep it as clean as we can. 1 the National Safety Council. MR. GREENSTONE: Understood, Okay. 20 Q Okay, In your deposition, did't you 20 MS. CHUNG: Transcript is fine, 22 characterize {t that you had seen documentation or you 21 And the witness has also been instructed, as I 22 believed that Colgate was a founding member of the 22 think most of the witnesses are going to have to be — 23 National Safety Council? 23 THE COURT: I'll adopt her rulings. 24 A No. | believe that [ might have been asked if 24 MR. PANATIER: I assume it goes both ways for 25 ‘we were @ founding member, and I indicated my contact 25 all witnesses, including experts. 26 hhad told me we were a member from very earlyon, 26 MS. CHUNG: Yes, And the judge should 27 Q Okay. 27 understand. 28 My contact within Colgate 28 Judge, maybe this is useful, but many of our