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Levy Konigsberg, L.L.P. JOSEPH ANTHONY JACONIA, Individually

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Levy Konigsberg, L.L.P. JOSEPH ANTHONY JACONIA, Individually Levy Konigsberg, L.L.P. Moshe Maimon, Esq. (ID: 04269.1 9 8 6) Daniel LaTerra, Esq. (ID: 033702007) 800 3`d Avenue, 11' floor New York, NY 10022 (212) 605 -6200 Attorneys for Plaintiffs JOSEPH ANTHONY JACONIA, individually SUPERIOR COURT OF NEW JERSEY and as Executor and Executor ad LAW DIVISION-MIDDLESEX Prosequendum of the Estate of LAMONA COUNTY JACONIA, DOCKET NO. MID -L- 2995- 17(AS) Plaintiff, v. CIVIL ACTION ASBESTOS LITIGATION 3M COMPANY, f/k/a Minnesota Mining and Manufacturing Co., et al. AMENDED Defendants. CROSS -NOTICE OF DEPOSITION To: Jacqueline Bushwack RIVKIN RADLER, LLO 926 RXR Plaza Uniondale, NY 11566 PLEASE TAKE NOTICE that in accordance with Rule 4:14-2 and 4:14-9 of the New Jersey Court Rules, Plaintiff by his attorneys, Levy Konigsberg LLP, will take the testimony upon oral and videotaped examination of Defendant AVON PRODUCTS, INC. ( "AVON "). The deposition will take place before a person authorized to administer oaths on Wednesday, October 4, 2017 at 9:30AM EST, continuing day -to -day thereafter as needed, at the Doubletree I-Tilton Nanuet, 425 NY -59, Nanuet, NY 10954. The deponent shall produce all documents responsive to the requests set forth in in the attached Schedule A no later than ten (10) business days before the beginning of the deposition. {00399195.DOCX) For purposes of this deposition notice and the requests made herein, the following definition; shall apply: A. "Avon" shall mean Avon Products, Inc., including all past and current employees, officer and directors, and all predecessor and/or successor companies, as well as all companies fro whom Avon acquired the assets and/or liabilities of a talcum powder product. B. "Talcum powder product(s)" shall mean any powder or aerosol product composed wholly o substantially of talc. C. "Avon talcum powder products" shall mean talcum powder products manufactured and /o sold and/or distributed by Avon. D. Asbestos shall mean all asbestos minerals and all asbestos fiber types, including, but no limited to chrysotile, tremolite, amosite, crocidolite, anthophyllite, and actinolite, and shal include all asbestos minerals in any form including but not limited to asbestiform, non asbestiform and `cleavage fragments ". The deposition shall be taken of the, person or' persons designated by Avon as having the mos knowledge of: 1) Corporate history of Avon, including but not limited to its predecessors and successorship; 2) The corporate liability and/or ownership for all Avon talcum powder products; 3) The suppliers of the talc used to make all Avon talcum powder products; 4) The talc mines from which talc was used to make all Avon talcum powder products; 5) With respect to all Avon talcum powder products, the manufacturing location, th manufacturing process, as well as the sales, distribution and marketing of all such products; 6) Testing for the presence of asbestos in the talc used to make all Avon talcum powde products; 7) Avon's knowledge of the presence of asbestos in any talc used to make any Avon talcu powder products; 8) Testing for the presence of asbestos in all Avon talcum powder products; 9) Avon's policies and procedures regarding the potential presence of asbestos in its talcum powder products; l0)Avon's specifications, instructions and/or customs and practices with respect to its suppliers of talc in regards to the potential presence of asbestos in talc supplied to Avon; 11) Avon's policies and procedures regarding pre- market product testing and analysis of Avon talcum powder products; {00399195.DOCXl -2- 12) Avon's policies and procedures regarding post- market product testing and analysis; 1 3) Any recalls issued by Avon with respect to any Avon talcum powder products; 14) Avon's knowledge of the presence of asbestos in any Avon talcum powder products; 15) Avon's knowledge about the scientific methods available to test talc and talcum powder products for the presence of asbestos during all the years in. which Avon sold its talcutr powder products; 16) All testing known to Avon for the presence of asbestos in any talc or talcum powder product: made by any company at any time; 17) Avon's past and current knowledge of the hazards of asbestos; 18) Avon's past and current knowledge about the hazards of talc; 19) Any warnings provided to Avon regarding the presence of asbestos in talc; 20) Any warnings provided by Avon to consumers regarding any Avon talcum powder products; 21) The product names, and years of sale, for all Avon talcum powder products 22) The product formulas for all Avon talcum powder products; 23)11e date on which Avon stopped using talc in any of its products and the reasons for this decision; 24) The roles, responsibilities, activities, and/or participation by Avon in any trade or industry groups, including, but not limited to, the Cosmetic Toiletries and Fragrances Association ( "CTFA ") and the Personal Care Products Council ( "PCPC "); 25) Avon's scientific research and/or interaction and/or correspondence with any scientists of government agency regarding asbestos or talc and/or the potential presence of asbestos in talc; 26) All financial and business interests that Avon has ever had in any talc mine, talc business or talcum powder products other than Avon talcum powder products; 27) All communications that Avon had with any person or entity at any time about presence o absence of asbestos in talc; 28) The existence of any samples or exemplars of Avon talcum powder products; 29) The existence of any samples or exemplars of any talc used to make Avon talcum powder products; 30) Any Industrial hygiene measures at Avon plants and facilities (including air monitoring /sampling for asbestos); t00399195.DOCX}-3- 31) Asbestosis, talcosis, lung cancer, and /or mesothelioma suffered by or claimed to be suffered by - Avon's current and former employees, including but not limited workers making Avon talcum powder products and salespersons selling Avon talcum powder products; 32) Any studies that Avon has undertaken and/or discussed to determine the incidents o mesothelioma in users of Avon talcum powder products; 33) Animal studies that Avon has undertaken and /or discussed to determine the safety or danger of Avon's talcum powder products; 34)Any report's, incidents or claims of mesothelioma in, any users of Avon talcum powde products; 35) Avon's affirmative defenses and cross-claims, including but not limited to Plaintiff's use o and exposure to asbestos -containing products for which AVON is not responsible 36) Avon's position on Plaintiffs' identification of, use of, and exposure to Avon's talcun powder products in these cases; 37) Avon's profits and financial: condition; 38) The location and process undertaken to search for documents and emails in Avon possession, custody or control relating to the above topics. PLEASE TAKE FURTHER NOTICE that pursuant to Rule 4:14 -2(d) and Rule 4:18 -1 of the New Jersey Court Rules as well as the June 18, 2014 Order of the Honorable Ana Viscomi, J.S.C., Defendant Avon shall produce all documents responsive to the following Schedule A at least ten (10) days in advance of the scheduled deposition date. SCHEDULE A: DOCUMENTS TO BE PRODUCED As used herein, the term "documents" shall refer to any written, printed, typed or other graphi matter of any nature whatsoever, whether copies or originals, including, but not limited to invoices, delivery tickets, information stored in electronic form, such as word processing files and compute databases, books, papers, memoranda, correspondence, non -identical copies, work papers, ledgers, diar { 0 0 3 99 1 95 . DOCX} -4- entries, articles, drafts, materials, records, tapes, notes, drawings, photographs, charts, telegrams telexes, telecopies and emails. All documents or things responsive to these requests that are in the possession, custody or control of Avon and /or Avon's representatives, agents, consultants and/or expert are expressly requested to be produced. Any documents withheld on the basis of privilege shall b: identified in a privilege log with sufficient information upon which the assertion of privilege can b assessed by the parties and, if necessary, the Court. DOCUMENTS TO BE PRODUCED 1) All documents relating to the corporate history of AVON, including but not limited to its . predecessors and successorship;. 2) All documents relating to the corporate liability and/or ownership for all Avon talcum powde products; 3) All documents relating to the suppliers of the talc used to make all Avon talcum powde products; 4) Al] documents relating to the talc mines from which talc was used to make all Avon talcu powder products originated; 5) All documents relating to the manufacturing location, the manufacturing process, as well as thr sales, distribution and marketing of all Avon talcum powder products; 6) All documents, relating to the testing for the presence of asbestos in the talc used to make al Avon talcum powder products; 7) All documents relating to any knowledge of the presence of asbestos in any talc used to mak- any Avon talcum powder products; 8) All documents relating to the testing for the presence of asbestos in all Avon talcum powder products; 9) All documents relating to Avon's policies and procedures regarding the potential presence of asbestos in its talcum powder products; 10) All documents relating to Avon's specifications, instructions and/or customs and practices with respect to its suppliers of talc in regards to the potential presence of asbestos in talc supplied to Avon;. 11)All documents relating to Avon's policies and procedures regarding pre -market product testing and analysis of Avon talcum powder products; {00399195.DOCX1-5- 12) All documents relating to Avon's policies and procedures regarding post - market product testing and analysis; 13)All documents relating to any recalls issued by Avon with respect to any Avon talcum powder products; 14) All documents relating to Avon's knowledge of the presence of asbestos in any Avon talc powder.
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