Chevron Oronite Company LLC v. The Cajun Company

Filing 99

ORDER AND REASONS: IT IS ORDERED that Cajun's 49 Motion for Summary Judgment with respect to Oronite's breach of contract claim is GRANTED and Oronite's 13 Motion for Summary Judgment with respect to its breach of contract claim is DENIED. Oronite's breach of contract claim against Cajun is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that Oronite's Motion for Summary Judgment that it is entitled to indemnity under Contract Nos. C-1540 and C-1554 is GRANTED. IT IS FURTHER ORDERED that Oronite's Motion for Summary Judgment that it is entitled to attorneys' fees and costs incurred in its defense of the claim filed by Mr. Dufrene and in prosecuting this action under Contract No. C-1540 is GRANTED. IT I S FURTHER ORDERED that the motion be referred to the United States Magistrate Judge for determination of the amount of attorneys' fees and costs to be awarded. IT IS FURTHER ORDERED that any motion for interest on amounts awarded must be filed by August 16, 2017. Cajun may file an opposition to the motion on or before August 21, 2017. IT IS FURTHER ORDERED that the 50 Motion in Limine to Exclude the Expert Testimony of Michael Hentgen filed by Cajun is DENIED AS MOOT. IT IS FURTHER ORDERED that the 89 Motion in Limine to Exclude Evidence at Trial filed by Cajun is DENIED AS MOOT.Signed by Judge Susie Morgan on 8/10/2017. (Attachments: # 1 Exhibit A) (my)(NEF: MBN)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

2
3
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CHEVRON ORONITE
COMPANY LLC,
Successor-in interest
to CHEVRON CHEMICAL
COMPANY

5

Civil Action
No. 2:16-cv-10594
JUDGE SUSIE MORGAN
MAGISTRATE JUDGE
MICHAEL NORTH

v.
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THE CAJUN COMPANY,
Successor-in interest
to CAJUN INSULATION CO.
*********************************************
The deposition of LAURENCE R. DURIO,
CIH, was taken in the offices of Kizer Hood &
Morgan, LLP, located at 2111 Quail Run, Baton
Rouge, Louisiana 70808, on the 8th day of
June, 2017, commencing at 11:05 A.M. and
ending at 12:40 P.M.

REPORTED BY:
DENISE M. CENTANNI
CERTIFIED COURT REPORTER
REGISTERED PROFESSIONAL REPORTER

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A P P E A R A N C E S

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FORMAN WATKINS & KRUTZ LLP
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(BY:

EDWIN S. GAULT, ESQ.)

200 South Lamar Street, Suite 100
4

Jackson, Mississippi

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39201-4099

ATTORNEYS FOR THE PLAINTIFF,
CHEVRON ORONITE COMPANY, LLC

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7

NEUNERPATE
(BY:

8

DEAN A. COLE, ESQ.)

One Petroleum Center
1001 West Pinhook Road, Suite 200

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Lafayette, Louisiana

70503

ATTORNEYS FOR THE DEFENDANT,
THE CAJUN COMPANY

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I N D E X

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PAGE

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CAPTION . . . . . . . . . . . . . .

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APPEARANCES . . . . . . . . . . . .

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INDEX . . . . . . . . . . . . . . .

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STIPULATION . . . . . . . . . . . .

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EXAMINATION BY:
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MR. EDWIN S. GAULT. . . . . . . . .

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REPORTER'S CERTIFICATE. . . . . . .

67

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WITNESS'S CERTIFICATE . . . . . . .

68

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12

E X H I B I T S

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NO. 1

Testimony List

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NO. 2

Curriculum Vitae

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NO. 3

Printout from OSHA website

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S T I P U L A T I O N

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IT IS STIPULATED AND AGREED by and among

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counsel for the parties hereto that the

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deposition of the aforementioned witness is

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hereby being taken for all purposes allowed

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pursuant to the Federal Rules of Civil

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Procedure, in accordance with law, pursuant

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to notice;

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12

That the formalities of reading and
signing are specifically not waived;
That the formalities of filing, sealing,

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and certification are specifically waived;

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That all objections, save those as to

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the form of the question and the

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responsiveness of the answer, are hereby

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reserved until such time as this deposition

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or any part thereof may be used or sought to

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be used in evidence.

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* * * *

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DENISE M. CENTANNI, Certified Court

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Reporter, in and for the State of Louisiana,

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officiated in administering the oath to the

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witness.

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LAURENCE R. DURIO, CIH, Durio Consulting

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Services, 8762 Quarters Lake Road, Baton

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Rouge, Louisiana

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duly sworn, was examined and testified as

5

follows:

6

EXAMINATION BY MR. GAULT:

7
8

Q.

70809, having first been

Did you bring your file with you

today?

9

A.

I did not.

10

Q.

Okay.

11

Did you bring anything with

you today?

12

A.

A little bit.

13

Q.

All right.

14

A.

I brought a copy of my report; the

What did you bring?

15

CV; four-year testimony list; and then the

16

Cajun Insulation or Cajun Industries,

17

whatever their -- term they're going by, OSHA

18

inspection history.

19

Q.

Okay.

In addition to what you

20

brought with you today, you listed in your

21

report some things that you have reviewed.

22

A.

Yes, sir.

23

Q.

So in addition to what you have

24

reviewed here and what you have brought with

25

you, what else is in your file on this case?
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2

A.

Just some notes I took during the

review of these documents.

3

Q.

Okay.

4

A.

That's about it.

Let's see.

5

got, probably just on some sticky notes,

6

time.

I've

But that's it.

7

Q.

Okay.

8

A.

Sure.

9

Q.

Can we attach your testimony?

10

A.

Yeah.

Q.

Correct.

11
12

May I see that?

Those copies are for you,

sir.
All right.

So as Exhibit

13

1, we will attach a three-page document with

14

your testimony list.

15
16

And Exhibit 2 -- we will attach
your CV as Exhibit 2.

17

And then the last thing you brought

18

with you today is a printout from the OSHA

19

website?

20

A.

That's correct.

21

Q.

And we'll attach that as Exhibit 3.

22

The printout that you have done

23

from OSHA, I don't think you referenced that

24

in your May 22nd report, did you?

25

A.

No, I don't believe I did.
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Q.

All right.

Do you have any

2

opinions based on the OSHA information that

3

is attached as Exhibit 3?

4

A.

5

report.

6

would be odd that I did not reference it.

7

No.

8

apologize.

9
10

13

Q.

16

All right.

It

I

So --

MR. COLE:
Well, he does talk about the OSHA
inspection here in history in the report.
THE WITNESS:

14
15

And I may have referenced it.

That was an oversight apparently.

11
12

Essentially, as contained in my

Yeah.

But I did not list it in

the -MR. COLE:

17

Yeah.

He talks about it in his

18

report but apparently didn't put it on the

19

front page.

20

BY MR. GAULT:

21

Q.

So any opinions you have based on

22

the documents attached as Exhibit 3 would be

23

contained in your report already?

24
25

A.

That's correct.

Now, obviously,

there's -- if you ask questions in detail, I
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can go into more detail than is in the

2

report.

3

Q.

Understood.

4

A.

But my fundamental opinion is in

5

the report.

6

Q.

Other than the materials you

7

brought with you today which we've attached

8

as exhibits, other than the things listed on

9

the first two pages of your report, and other

10

than the handwritten notes you've made, is

11

there anything else in your file in this

12

case?

13

A.

No, sir.

14

Q.

Is there anything else you have

15

reviewed that is not attached as an exhibit

16

or listed in your report?

17

A.

I don't believe so.

18

MR. COLE:

19

Well, there is the reference in

20

here.

21

it -- but the Cajun Safety Handbook he talks

22

about in this report.

23

document.

24
25

You already -- Chevron already has

That's another

I'm just --

THE WITNESS:
But that was either included in or
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an exhibit to one of these documents that

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I've listed.

3

MR. GAULT:

4
5

Fair enough.
MR. COLE:

6

And I'm not going to go through it

7

for him.

8

referenced in the report.

9

through it to see.

10
11

But you asked what else is
I'm just glancing

BY MR. GAULT:
Q.

12

Other than -- withdraw that.
Are there any additional or new

13

opinions that you have that are not contained

14

in your May 22 report?

15

A.

No, sir.

16

Q.

You reviewed a -- one of the things

17

listed was a deposition of Stanley Dryden?

18

A.

Yes, sir.

19

Q.

Who is that?

20

A.

Not being intimately familiar with

21

Chevron's corporate structure, I probably

22

will butcher the title.

23

was the head industrial hygienist for Chevron

24

in the what, '70s through perhaps early '90s,

25

something of that nature.

But, basically, he

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Q.

Prior to this case, have you ever

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been retained by Cajun?

And I say Cajun.

3

Can we just say it's Cajun Company or

4

Insulation?

5

A.

I believe once before.

6

Q.

If I say "Cajun," can we have an

Can we just call it Cajun?

7

understanding that it means either Cajun

8

Company or Cajun Insulation?

9

A.

Oh, yeah.

And that's why I said

10

Cajun Insulation or whatever name applies at

11

the time.

12
13
14
15

Q.

Have you ever been retained by

Cajun?
A.

Not directly, but through

NeunerPate, yes.

16

Q.

And when was that?

17

A.

Three or four years ago.

18

Q.

Do you remember the case?

19

A.

Busby versus Cajun or something of

20

that nature.

21

Q.

Is it listed on here?

22

A.

No.

23

I don't think it is because I

was never deposed.

It never went to trial.

24

Q.

And what kind of case was that?

25

A.

Asbestosis, I believe.
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Q.

Were you retained by anybody in the

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case that was -- the lawsuit filed by Randy

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Dufrene?

4

A.

Yes, I was.

5

Q.

Who were you retained by?

6

A.

Bradley Murchison representing

7

Monsanto, Pharma CIO, whatever name they

8

happened to be sued under.

9

Q.

Were you deposed?

10

A.

I don't think so.

11

If I was, it

would be in that list.

12

Q.

Did you do a report?

13

A.

I don't think so also.

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state court in Louisiana.

15

That was

required.

16

Q.

Reports are not

Have you ever, either through a

17

report or in a deposition or trial, offered

18

any opinions on employer responsibility under

19

OSHA?

20

A.

Yes, I have.

21

Q.

If I hand you this list; that is,

22

Exhibit 1, are any of those cases -- in any

23

of those cases, did you offer testimony about

24

what an employer is required to do under

25

OSHA?
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A.

Richard, I don't remember.

2

Wiggins, I doubt.

3

Punch, Comardelle, almost certainly.

4

I'm not sure.

5

yes.

6

Kelley, I did.

7

Talamo and Landry, Naquin,

Mayfield, yes.

Muscarello, probably.

Q.

Okay.

Oddo,

Trigueros,
Petrie, I doubt.

Just so we make sure, do you

8

mind putting a checkmark?

9

Because you kind

of ran through those.

10

A.

Okay.

11

Q.

Can you put a checkmark beside each

12

case --

13

MR. COLE:

14
15

Here you go.
THE WITNESS:

16
17
18

You got a pen?

Yeah.
BY MR. GAULT:
Q.

-- if you believe you gave

19

testimony regarding an employer's obligations

20

under OSHA?

21

A.

Okay.

If you don't mind, I will

22

put a question mark beside the ones I'm

23

really uncertain, a checkmark besides the one

24

I'm fairly sure.

25

Q.

Perfect.
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A.

There you go.

2

Q.

Thank you.

And that's on Exhibit

All right.

You have your report in

3

1.

4
5

front of you.

6

for me?

7

A.

Sure.

8

Q.

All right.

9

MR. COLE:

11

13

Did you attach his report, or were
you?
MR. GAULT:

14
15

On the bottom of page

2 --

10

12

Can you take a look at that

(Shakes head.)
MR. COLE:

16

Okay.

17

MR. GAULT:

18

No.

19

BY MR. GAULT:

20

Q.

Bottom of page 2.

21

A.

Yes, sir.

22

Q.

You say that Mr. Dufrene worked at

23

Chevron for a total of roughly 600 hours?

24

A.

That's correct.

25

Q.

All right.

And what's the basis of

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600 hours?
A.

I went through the time sheets, for

3

lack of a better term, that were part of the

4

contract documents in this case, and just

5

noted -- I think by Bates number, but I don't

6

recall.

7

many hours he reported that he worked or that

8

were reported that he worked.

9

Q.

It was just scratch paper -- how

Thank you.

Can you look on page 3?

10

The first paragraph at the top, you say that

11

it would be unlikely that Mr. Dufrene did

12

more than 100 hours of removal of insulation.

13

Do you see that?

14

A.

Yes, sir.

15

Q.

What's the basis for that 100

16
17

hours?
A.

As I said in the report, the

18

removal is a much faster process than

19

installation.

20

time was for the purely insulation project,

21

plus on the maintenance.

22

the time, total time expended, would have

23

been on removal versus reinsulation.

24
25

Q.

And a substantial part of his

Maybe a quarter of

And around 100 hours, it would be a

good estimate for you?
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2

A.

But I'm

willing to accept that as a figure.

3
4

I think 100 is high.

Q.

Okay.

You wouldn't say it would be

lower than 50 hours, though, would you?

5

A.

I mean, by his testimony, it could

6

be.

I don't know.

I couldn't give you a

7

bottom end figure.

That's why I put 100.

8

is unlikely to be more.

9

a fairly liberal upper bounds assessment.

10

Q.

It

Just a -- I thought

But in terms of an estimate from

11

you, you're comfortable with using the term

12

"around 100 hours"?

13

A.

Yes.

14

MR. COLE:

15
16
17

I object.

That's not what that

says.
THE WITNESS:

18

I said it's unlikely he did more

19

than 50.

20

probably pretty close to a 50, the 50 that

21

you threw out.

22

upward bounds of no more than 100.

23

BY MR. GAULT:

24
25

Q.

I think the most likely number was

But I'm willing to concede an

Fair enough.
Have you talked to anyone who is a
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current or former employee of Cajun since you

2

have been retained in this case?

3

A.

I have not.

4

Q.

Have you ever talked to anybody

5

that is a current or former employee of

6

Cajun?

7

A.

Not knowing the corporate structure

8

of Cajun, I don't know if I can give a yes or

9

no answer to that.

I have spoken to Mr. Duhe

10

multiple occasions.

Whether he is

11

statutorily an employee or not, I don't know.

12

Q.

And when was the last --

13

A.

And I have also spoken to various

14

subordinates of his in the field.

15

not recall names.

16
17

Q.

But I do

That was a long time ago.

And the last time you spoke to

Mr. Duhe was when?

18

A.

Probably the mid-'80s.

19

MR. GAULT:

20

Off the record.

21

(OFF-RECORD DISCUSSION)

22
23

BY MR. GAULT:
Q.

So other than the lawyers at

24

NeunerPate, have you talked to anybody else

25

about this case?
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A.

Chevron versus Cajun?

2

Q.

Yes.

3

A.

No.

4

Q.

Thank you.

5

A.

I wanted to distinguish.

6

Q.

That's a fair clarification.

7

A.

I wanted to distinguish that from

That's a --

8

the basic or underlying or prompting

9

Comardelle case.

10

Q.

Sure.

11

A.

Dufrene case.

12

Q.

Sure.

I'm sorry.

13

And so as we go forward, if I have

14

to refer to Mr. Dufrene's lawsuit, I'll call

15

it the underlying case.

16

A.

Okay.

17

Q.

And the Chevron versus Cajun, I'll

18

call "this case" or Chevron versus Cajun.

19

A.

That's fine.

20

Q.

But in terms of this lawsuit that

21

we're here on today, other than the lawyers

22

at NeunerPate, have you spoken to anybody

23

else about this case?

24
25

A.

Paralegal at NeunerPate.

But yeah,

no one outside of the NeunerPate structure.
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Q.

Did you review any safety handbook

2

from Cajun?

3

A.

Yes, sir, I did.

4

Q.

And that is not listed, I don't

5

think, in the documents.

6

of that?

7
8

A.

I do.

Do you have a copy

I did not bring it with me.

And it is in one of the documents listed.

9

Q.

Do you know the date of that?

10

A.

The handbook?

11

Q.

Yes, sir.

12

A.

March of 1979.

13

Q.

What do you recall was in the

14

handbook with respect to -- what do you

15

recall that was in the handbook that would be

16

relevant to protecting the workers from

17

exposure to asbestos?

18

A.

There was a fairly nonspecific

19

section on respiratory protection.

20

there were detailed sections on a general

21

asbestos-handling procedure, for lack of a

22

better term, and then one specific to the

23

Monsanto plant in Luling.

24
25

Q.

And then

In terms of the handbook's

discussion of respiratory protection, is what
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is -- is the information contained in the

2

handbook sufficient under the OSHA

3

requirements?

4

A.

I don't recall.

I don't recall

5

enough about what's in the handbook to give

6

you an answer on that.

7

MR. COLE:

8

Did you bring it with you?

9

MR. GAULT:

10

(Shakes head.)

11

MR. COLE:

12

You didn't?

13

MR. GAULT:

14
15
16

(Shakes head.)
it.

No.

I haven't seen

That's why I was asking about it.
MR. COLE:

17

Well, it's been produced.

18

want it?

19

Do you

to Mr. Gault.)

20
21
22
23
24
25

I don't want to -- (hands document

MR. GAULT:
All right.

Thank you.

MR. COLE:
At least this is part of it.

I

mean, this is...
And just for the record, it's got a
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Bates stamp on it, you know.

2

Cajun ESH.

3

through 155.

4

BY MR. GAULT:

5
6
7

It was from

Q.

This one does anyway, CAJUN ESH76

Do you know who wrote this handbook

for Cajun?
A.

It's my understanding that

8

Mr. Duhe's son or one of Mr. Duhe's sons was

9

their safety director, manager, or whatever,

10

and that he was the primary author of that.

11
12

Q.

And where did you get that

understanding?

13

A.

Gee.

I really don't recall.

14

Q.

All right.

So I'll show you then

15

this handbook page on respiratory protection,

16

let you have a look at it.

17

you're through, you can tell me.

And then when

18

A.

Okay.

19

Q.

Do you recall any other pages in

20

there on respiratory protection, or is that

21

the only one?

22

A.

That's what I recall.

23

something else hidden in there.

24

There may be

recall anything else.

25

Q.

But I don't

Does that page set forth all of the
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requirements for -- all the requirements of

2

OSHA for respiratory protection?

3

A.

No, sir.

4

Q.

Do you believe that this page on

5

respiratory protection contained in this

6

handbook is sufficient under the OSHA

7

regulations?

8

A.

As a standalone, no, it is not.

9

Q.

If someone is removing asbestos

10

insulation, what type of respiratory

11

protection would be required?

12

A.

It depends upon the conditions of

13

the removal, the exposure levels that are

14

encountered.

15

Q.

16

Thought you would say that.

Is

a -- are you familiar with the 3M dust mask?

17

A.

Yes.

18

Q.

Do you know what that's called,

19

what number?

20

A.

21
22

3M?

Well, there's a whole series of

numbers.
Q.

Fair enough.

Fair enough.

23

Is a -- and when I say a dust mask,

24

you understand I'm talking about a disposable

25

respirator?
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A.

Yes, sir.

2

Q.

As opposed to a cartridge

3

respirator?

4

A.

Correct.

5

Q.

And in your opinion, would --

6

A.

Let's back up.

7

Q.

Yes, sir.

8

A.

Particularly, 3M made a lot of

9

cartridge-type respirators that were

10

disposable as well.

11

"disposable" doesn't necessarily make it a

12

dust mask.

13

So simply saying

A dust mask is generally a single

14

use -- the term is "filtering face piece" is

15

the technical term.

16

paper-pressed fiber device, no specific

17

sorbent or high-efficiency filter in it.

18

Q.

It's basically a

Fair enough.

19

Would you believe that it would be

20

proper to have someone wear a dust mask when

21

removing insulation materials in the 1970s?

22

A.

In the '70s?

Depending on how you

23

define "proper," which is a real loaded term,

24

it probably would have been.

25

standards, no.

By today's

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Q.

So in the 1970s, if you were in

2

charge, understanding the OSHA regulations,

3

you think it would have been acceptable to

4

use a dust mask -- for an employee to wear a

5

dust mask while removing insulation?

6

A.

Well, "acceptable" is another term,

7

just like "proper."

As a certified

8

industrial hygienist, I would not have

9

accepted it.

Regulatorily, and in comparison

10

to the exposure standards of the day,

11

depending upon the work practices that were

12

utilized, yes, it could have been.

13

Q.

The opinions that are contained in

14

your report, all of these could have been

15

given by you in the underlying case if you

16

were retained to do so.

17

that?

18

A.

I believe so.

Would you agree with

I think this is

19

entirely consistent with my opinions in the

20

underlying case, though I must say that in

21

the underlying case, my emphasis was not on

22

Chevron.

23

So any opinion -- let's back up.
The third opinion -- I mean, I have

24

general information along the lines of the

25

third opinion, but my focus was not Chevron.
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I didn't have any detail that would support

2

that opinion.

3

Q.

Understood.

So in your opinions,

4

Opinion No. 1 that has several subparts, and

5

Opinion No. 2, those could have been given in

6

the underlying case if you were retained to

7

do so; is that right?

8
9

A.

Correct.

Not in the detail or

specificity that there are in this case

10

because I didn't have the detail pertaining

11

to Chevron.

12

Q.

But yes.

Right.

But if somebody had

13

retained you and given you the detail, the

14

opinions that you have given in No. 1 and 2

15

could have been given by you in the

16

underlying case?

17

A.

Yes, sir.

18

Q.

Could you look at page 3, please?

19

A.

Okay.

20

Q.

Subsection d).

21

A.

Okay.

22

Q.

So let's kind of go sentence by

Where on page 3, sir?

23

sentence.

And I'll just simply want to ask

24

you the basis for your opinions.

25

sentence in bold we can skip.

The first

The second

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sentence that starts with "Experience," can

2

you give me the basis for that opinion,

3

please, sir?

4

A.

5

An awful lot of experience in

asbestos abatement oversight.

6

Q.

Anything else?

7

A.

Well, that would be my experience

8
9
10
11

there.
Q.

Anything else that is the basis for

that statement?
A.

A lot of monitoring data.

It's all

12

part and parcel of the oversight of asbestos

13

abatement projects.

14

Q.

15

exposures."

16

sentence?

17

A.

18

The next sentence begins, "Such
What's your basis for that

Okay.

Hold on a second.

Again, that's the data gathered

19

during a large number of asbestos abatement

20

projects that I have overseen.

21

Q.

22

"Inasmuch."

23

statements in this sentence?

24
25

A.

The next sentence starts
What's the basis for your

Descriptions of the facility, that

it was outdoors.

The time sheets, it says it

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was certainly not a full-time job for

2

Mr. Dufrene.

3

testimony, mostly it was application of

4

insulation rather than removal of insulation.

5

And it goes back to the data from these

6

projects.

7

The fact that even by his own

The 1979, 1980 era sampling and

8

analytical techniques did not have the

9

sensitivity of those we have today.

His

10

overall exposures, based on my experience,

11

would have been too low to measure with those

12

techniques, with those sampling analytical

13

techniques.

14

Q.

Do you agree that in 1978 and

15

during all of the years that Mr. Dufrene

16

worked for Cajun at Chevron, OSHA placed

17

certain requirements on Cajun?

18

MR. COLE:

19
20
21

I'm going to object to the form.
BY MR. GAULT:
Q.

Let me withdraw that question, and

22

let's see if I can ask it without an

23

objection to form.

24
25

During the time that Mr. Dufrene
worked for Cajun at Chevron, do you agree
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that OSHA placed certain obligations on

2

Cajun?

3

A.

Yes, they did.

4

Q.

All right.

What obligations did

5

OSHA place on Cajun with respect to potential

6

asbestos exposure?

7

A.

Those laid out in the asbestos

8

standard.

It was issued as 29 CFR 191093 --

9

I want to say "A," but I'm not sure.

It was

10

subsequently renumbered 29 CFR 19101001.

11

I don't recall the exact renumbering date.

12

Q.

Okay.

And

Well, within those sections,

13

what are the requirements that were placed on

14

an employee?

15

A.

16

And I'm just going to hit the high

spots.

17

Q.

Understood.

18

A.

Monitoring to determine exposures,

19

wet work where feasible, protective measures

20

appropriate to exposure levels.

21

there was some medical surveillance

22

requirements, some notification,

23

labeling-type requirements.

24

disposal was addressed.

25

Q.

I believe

And waste

And in terms of Mr. Dufrene's work
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at Chevron, you would agree that OSHA placed

2

those obligations on Cajun, not Chevron, as

3

to Mr. Dufrene?

4

A.

Under the regulations and

5

enforcement policies in place at the time,

6

that's correct.

7

Q.

8

report?

9

A.

10

Do you have a copy of Mr. Hentgen's

I don't have a paper copy.

I do

have it on --

11

Q.

You've read it?

12

A.

I've read it.

13

MR. GAULT:

14

I'm just going to go through and

15

ask him a few questions.

16

copy, it might be easier and quicker for you.

17
18
19
20
21
22
23
24
25

If you've got a

THE WITNESS:
I have it on a laptop behind me if
that would help.
MR. GAULT:
Whatever is fine.
THE WITNESS:
If he has a paper copy -MR. COLE:
Let me see if I've got one here.
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Or maybe -- I think I've got it.

2

problem with mine is I wrote all over it.

3

MR. GAULT:

4

I'm not going to look at it.

5

MR. COLE:

6
7
8

The only

I don't really need him looking
at -MR. GAULT:

9

Let's go off the record.

10

(OFF-RECORD DISCUSSION)

11
12

BY MR. GAULT:
Q.

So I've handed you page 12 and 13

13

from Michael Hentgen's report.

And I'd like

14

to go -- and this is the summary of his

15

opinions.

16

you a few questions about these, please.

And let me just go through and ask

17

A.

Okay.

18

Q.

All right.

19

Let's look at the

second bullet point.

20

A.

Okay.

21

Q.

Do you agree with the two sentences

22

in that bullet point?

23

A.

Regulatorily?

24

Q.

Thank you.

25

Yes, I do.

Third bullet point.

Do you agree

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with that?

2
3

A.
correct.

4
5

Q.

8
9

Fourth bullet point.

Do you agree

with that?

6
7

Again, regulatorily, that is

A.

In terms of the requirement, yes, I

Q.

Well, is there some part of that

do.

you do not agree with, some part of Bullet

10

Point No. 4 on page 12 that you do not agree

11

with?

12

A.

Only in the context of the body of

13

the report in comparison to that bullet

14

point.

15

Q.

Okay.

16

Could you --

17

A.

I'm not following you there.

The implication or -- in the bullet

18

point and the direct statements in the body

19

of the report that likely exposures were in

20

excess at that level.

21
22
23
24
25

Q.

Fifth bullet point.

Do you agree

with that?
A.

I agree as it is written.

I

disagree factually.
Q.

Okay.

So explain that to me,

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please.

2

A.

I know for an absolute fact that

3

Mr. Duhe was aware of the OSHA regulations

4

pertaining to asbestos prior to that time.

5

Q.

Okay.

6

A.

Because I discussed them with him.

7

Q.

All right.

8
9

How do you know that?

So why then do you say

you agree with this bullet point as written?
A.

Because this bullet point is based

10

on the documents Mr. Hentgen reviewed.

And

11

in those documents were a couple of

12

depositions in which Mr. Duhe, reaching back

13

into his memory, used the 1980s as a time

14

frame.

15

that.

I know for a fact that it was before

16

Q.

I see.

So --

17

A.

And I'm not saying Mr. Duhe tried

18

to deceive anybody.

19

his interest, perhaps, to have said sooner

20

than that.

21
22

Q.

It would have been in

I think he simply misremembered.
Let's see if I can maybe get this

stated this way, and we can move on.

23

A.

Okay.

24

Q.

Based on the deposition of Mr. Duhe

25

cited into the fifth bullet point, the
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statement in that bullet point is correct?

2

A.

That is correct.

3

Q.

But based on other conversations

4

you've had with Mr. Duhe, you believe they

5

knew about OSHA prior to the '80s?

6
7
8
9
10

A.

I know they knew about OSHA well

prior to the '80s.
Q.

Is there anything about OSHA

contained in the Cajun handbook?
A.

I don't recall.

I suspect there is

11

some peripheral references.

But it --

12

particularly, as it pertains to the asbestos

13

standard, it's not outlined in detail by

14

sections, subsection, et cetera.

15

Q.

Let's go to the sixth bullet point,

16

please.

17

A.

Okay.

18

Q.

The sixth bullet point begins, "The

19

president of Cajun Insulation."

20

Do you agree

with the first sentence?

21

A.

Yes.

22

Q.

Do you agree with the second

23

sentence?

24

A.

Yes.

25

Q.

Do you agree with the third
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2

sentence beginning, "I have not reviewed"?
MR. COLE:

3
4

Which one are you on?
MR. GAULT:

5
6

The sixth bullet point.
MR. COLE:

7
8
9
10
11
12
13
14
15

I'm sorry.

Got it.
BY MR. GAULT:
Q.

Do you agree with the third

sentence -- make sure it's -A.

The one that reads, "I have not

reviewed?"
Q.

Yes.

Yes.

Thank you.

Do you

agree with that sentence?
A.

That's a very difficult one because

16

you're asking me to put myself in

17

Mr. Hentgen's head.

18

Q.

Understood.

So let me ask it this

19

way then.

20

showing that Cajun made efforts to comply

21

with OSHA, with the OSHA asbestos standard at

22

Chevron Oronite during the time Mr. Dufrene

23

worked there?

24
25

A.

Do you know of any evidence

Specific to their work -- specific

and exclusive to the work at Chevron Oronite?
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2

No.
Q.

Have you reviewed, as part of your

3

work in this case, have you reviewed

4

documents or depositions that would lead you

5

to believe that Cajun violated the OSHA

6

regulations while Mr. Dufrene was working at

7

Chevron Oronite?

8
9
10

A.

That would lead me to believe that

they did?
Q.

No.
Okay.

All right.

I'll restate the

11

question.

12

case, did Cajun violate the OSHA regulations

13

with respect to Mr. Dufrene's work at Chevron

14

Oronite?

15

A.

Anything you've reviewed in this

At the risk of restating your

16

question and my answer, to make sure that I'm

17

clear, I have not seen anything that

18

indicated that Cajun, relative to

19

Mr. Dufrene's work or otherwise, violated the

20

OSHA asbestos regulations during their work

21

at the Chevron Oronite facility.

22

Q.

Have you -- in the materials that

23

you've read, did you find any evidence that

24

Cajun complied with the OSHA regulations with

25

respect to Mr. Dufrene and his work at
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2
3

Chevron Oronite?
A.

I did not see anything explicit.

Implicitly, yes.

4

Q.

Okay.

What was implicit?

5

A.

From the testimony of principally

6

Mr. Fosty, Mr. McDermott, I don't think

7

Mr. Dryden, but possibly Mr. Dryden, they --

8

in the contract documents, Chevron had a

9

mechanism in place to ensure that Cajun

10

complied with the OSHA regulations, as well

11

as plant regulations and policies, and that

12

there was no objection made to the work that

13

Cajun had done.

14

Q.

Now, anything that was in the

15

contract between Cajun and Chevron would not

16

have affected Cajun's duties under OSHA;

17

correct?

18
19

A.

You can't contract out of the

regulation, if that's what you mean.

20

Q.

That's exactly my question.

21

A.

No.

22

Q.

Could Cajun have delegated its

You cannot do that.

23

responsibilities under OSHA to some other

24

company?

25

A.

Do you understand?
They have a regulatory requirement

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to comply.

2

being evasive.

3

clear.

4

tasks, say, if they had retained me as a

5

consultant, yeah, they're free to do that.

6

But they can't delegate the responsibility.

7

Had they chosen -- and I'm not
Just making sure we're very

Had they chosen to delegate the

Q.

And is it acceptable during this

8

time frame in the late '70s for Cajun to say,

9

"Well, I thought Chevron was doing it, so I

10

didn't think I had to do the things that OSHA

11

requires"?

12

A.

13

acceptable.

14

heard it from Cajun.

15
16

That would not be regulatorily

Q.

I've heard that.

All right.

I haven't

But I have heard that.
Let's now go back to

page 12.

17

A.

Okay.

18

Q.

The seventh bullet point begins,

19

"It is reasonable."

20

Do you agree with that,

that sentence?

21

A.

Yes, I would.

22

Q.

The eighth bullet point begins,

23

"Cajun Insulation did not have a respiratory

24

program."

25

sentence of that bullet point?

Do you agree with the first

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A.

I agree with that, yes.

2

Q.

The second sentence that begins,

3

"Cajun Insulation was cited by OSHA," do you

4

agree with that sentence?

5

A.

I agree that they were.

6

Q.

Okay.

7

A.

So yeah.

8
9
10

sentence as it's written.
Q.

All right.

Well, did Cajun have a

respiratory protection program in 1986?

11
12

I mean, I agree with that

A.

Unless they had discontinued it,

yes, they did.

13

Q.

And what -- how do you know that?

14

A.

That goes back to my dealings with

15

Cajun back in the late '70s.

16

Q.

Okay.

So is your testimony that

17

they were cited by OSHA for failing to have a

18

respiratory protection program in 1986, but

19

they had one at the time?

20

A.

Yeah.

21

1986.

22

said, "Yeah.

23

protection.

24
25

Well, they had one prior to

In the abstract, yeah, they could have
We're bored with respiratory
We're not going to do it."

It's unlikely.

But, you know, I

don't have anything objective that says that
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2

they did or did not.
Q.

Okay.

So is it your testimony that

3

at one time they had a respiratory protection

4

program prior to 1986 but then just ceased

5

having one after?

6

MR. COLE:

7

Object.

8

THE WITNESS:

9

No.

10

MR. COLE:

11
12

Object to the form.
THE WITNESS:

13

I am not saying that.

I am saying

14

that unless, for some reason, they had

15

decided to discontinue the respiratory

16

protection program that they had had prior to

17

1986, they did have one in place in '86.

18

BY MR. GAULT:

19
20
21
22
23
24
25

Q.

When did they first get a

respiratory protection program?
A.

Compliant with OSHA regulations?

To my knowledge, late '78, early '79.
Q.

Okay.

And what do you base that

knowledge on?
A.

Working with them.
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Q.

So --

2

A.

And let me rephrase that.

3

Had some

oversight responsibility for their work.

4

Q.

You had oversight responsibility?

5

A.

Yes, sir.

6

Q.

Tell me what you mean by that.

7

A.

They were the insulation contractor

8

at Monsanto in Luling.

That was one of the

9

plants I had responsibility for and it was

10

the plant that my offices were at.

We

11

recognized -- "we" being Monsanto --

12

recognized the regulatory, legal, social

13

onslaught, let's say, of awareness and

14

concern about asbestos.

15

We had actually done asbestos work

16

internally and elected to transfer that to a

17

specialist insulation company.

18

Cajun.

19

what was required from a regulatory and also

20

plant policy and procedure standpoint.

We used

And we brought them up to speed on

21

Q.

And what year was this?

22

A.

It probably started in 1978.

23
24
25

It

was in place in 1979.
Q.

And what was -- did you work for

Monsanto at the time?
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A.

Yes, sir.

2

Q.

What was your title?

3

A.

Industrial hygiene supervisor.

4

Q.

So you were involved with

5

insulation contractors at Monsanto?

6

A.

In terms of making sure that they

7

worked per our policies, procedures, and

8

regulations, yes.

9

the letting of the contracts.

10

Q.

Sure.

I have no involvement in

You were involved with

11

making sure they were complying with OSHA

12

regulations?

13

A.

That's correct.

14

Q.

And so what kind of respiratory

15

protection did the insulation contractors

16

wear at Monsanto during this 1975 time frame?

17

A.

I never said 1975.

18

Q.

Excuse me.

A.

I believe it was a half-faced piece

19
20

'79.

Sorry about that.

'79.

21

twin cartridge.

22

full-faced piece work.

23
24
25

Q.

There could have been some

What's the protection factor for

those?
A.

The regulatory protection factor
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for a half-face piece is 10.

2

full-face piece.

3

Q.

It's 50 for a

So in your discussions with

4

Mr. Duhe, did you ask him, "Why did you not

5

have a respiratory protection program in

6

place in 1986"?

7

MR. COLE:

8
9

Object to the form.
THE WITNESS:

10
11

You have lost me there.
BY MR. GAULT:

12

Q.

Okay.

13

A.

What discussions?

14

Q.

Well, you told me earlier that you

15

I'm sorry.

have talked to Mr. Duhe in the past.

16

A.

Yes.

17

Q.

All right.

And in the course of

18

those discussions, did you say, "Well, you

19

had a respiratory protection program in the

20

past.

21

Why did you not have one in 1986"?
A.

I told you the last time I had

22

talked with Mr. Duhe was in the mid-'80s.

23

And so it conceivably was past 1986.

24

certainly there would have been no impetus

25

for me to address the topic of:

But

Why did you

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drop your program?

2

did.

3
4

Q.

I doubt if he actually

The last bullet point listed on

page 12.

5

A.

Okay.

6

Q.

You agree with the first sentence?

7

A.

I disagree with the first sentence.

8

Q.

Why?

9

A.

Because I have seen evaluations

10

done of Cajun employees' exposure.

Now, it

11

is possible they did not sample Mr. Dufrene

12

as an individual.

13

monitoring to represent their employees'

14

exposures during removal or abatement of

15

asbestos insulation, as Mr. Dufrene

16

supposedly did.

But they did conduct

17

Q.

And that was at Monsanto?

18

A.

That was at Monsanto that I have

19
20

seen that.
Q.

Okay.

So let's then focus on the

21

Chevron Oronite facility and Mr. Dufrene's

22

work there.

23

potential exposure to asbestos at Chevron

24

Oronite?

25

A.

Did Cajun evaluate Mr. Dufrene's

Mr. Dufrene, as an individual, we
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2

have no way of knowing.
Q.

All right.

Did Cajun evaluate its

3

employees' potential exposures to asbestos at

4

Chevron Oronite in the late 1970s and early

5

1980s?

6

A.

According to Mr. McDermott, yes.

7

Q.

The second sentence of the last

8

bullet point on page 12, you agree or

9

disagree?

10

A.

As a factual matter, I agree.

11

Q.

Okay.

12

A.

It's right there in black and

13

white.

14

was issued.

15

saying, "Oops.

You want to explain that?

The citation was withdrawn, but it
"Withdrawn" is OSHA's way of
We messed up."

16

Q.

Next page.

17

A.

Okay.

18

Q.

The first bullet point on the top

19

of page 13.

20

that bullet point?

21
22
23

A.

Do you agree or disagree with

I would agree with that bullet

point.
Q.

And this is -- it probably has some

24

typos in this bullet point in the sense that

25

I think they're -- it doesn't read just
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2

right.
A.

Well, I'm sorry.

But you asked me

3

as it was written.

4

for either Mr. Hentgen's thought processes or

5

Mr. Hentgen's sloppy writing.

6
7
8
9

Q.

And I'm not responsible

Is that really necessary?

I mean,

I didn't ask -- I wasn't -A.

I didn't mean -- no.

Let me

apologize to you personally.

10

Q.

I mean --

11

A.

It was not meant as an affront or

12
13
14
15

challenge to you.
Q.

Well, I didn't take it that way.

But, I mean, I just -MR. COLE:

16

Well, if he had his transcript, he

17

did explain this.

18

Because I pointed it out to him.

19

couldn't understand it.

20

could understand it.

21

had a typo or something in there.

22

BY MR. GAULT:

23

Q.

He did rephrase this.
I said I

I don't think Win

But he recognized he

So let's do this.

All right?

24

Let's take this sentence and let's take out

25

the "none of the documentation provided to
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me."

All right?

So it makes the sentence

2

read a little better.

3

see that part?

So if we do that, you

4

A.

Okay.

5

Q.

"None of the documentation provided

6

to me."

7

A.

Yeah.

8

Q.

All right.

9

You see that?

So let's kind of take

that out of this sentence.

All right.

So do

10

you agree with the bullet point as written

11

without that part?

12

A.

I'd have to go through the

13

documents that were provided to him.

14

the documents I reviewed, there was nothing

15

explicit that addressed each and every

16

section of the OSHA regulation.

17

From

But, again, I go back to the

18

implication from the contract documents, from

19

Mr. Fosty's deposition, Mr. McDermott's

20

depositions, that that is an erroneous

21

statement.

22
23
24
25

Q.

So you disagree with this bullet

point?
MR. COLE:
As restated by you?
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MR. GAULT:

2
3

Yes.

As restated by me.

Right.

Right.

4

THE WITNESS:

5

I disagree with the accuracy of

6

that.

7

BY MR. GAULT:

8

Q.

All right.

9

A.

I think it's an erroneous

10

statement.

11

that was Mr. Hentgen's opinion based on...

12

Q.

I agree -- I can't disagree that

All right.

So let's break that

13

down a little bit.

14

Mr. Dufrene with proper respiratory

15

equipment?

16

A.

Did Cajun provide

There's nothing objective that

17

says -- a document that says Cajun

18

Insulation, Cajun Corporation, whatever their

19

name is, provided Mr. Dufrene with

20

appropriate respiratory protection.

21

correct.

22

Q.

All right.

That is

You know what's proper

23

respiratory protection and what's not;

24

correct?

25

A.

According to the conditions that
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you're exposed to, yes, I do.

2

Q.

Exactly.

So have you seen anything

3

in all of your materials where you can say

4

Cajun gave Mr. Dufrene proper respiratory

5

protection?

6

A.

Not as an explicit statement or

7

explicit databased conclusion.

8

not.

9

Q.

No, I have

And I'm not asking about an

10

explicit statement.

11

you've read.

12

materials which would let you stand here

13

today or sit here today and say, "Yes.

14

gave Mr. Dufrene the proper respiratory

15

protection while he worked at Chevron

16

Oronite"?

17

A.

You've read everything

Have you seen anything in the

Cajun

Well, I'm not sure that I

18

understand how you can make that question and

19

make it any different than what I've

20

answered.

21

totality of the evidence indicates that yes,

22

they did.

23

I have not seen a document.

The

But there's nothing explicit that

24

says that yes, Cajun, on a certain day, gave

25

Mr. Dufrene a certain respirator for
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protection against a certain level of

2

asbestos.

3

exposures were so low, that they were

4

probably too low to measure and certainly

5

below the level that would require any

6

respirator protection, and that Cajun did

7

comply with the OSHA regulations and the

8

plant requirements.

9

Q.

But the totality is that his

Okay.

So did Cajun give

10

Mr. Dufrene respiratory protection to wear or

11

not?

12
13
14

A.

That's what I keep saying.

There

is nothing explicitly that states that.
Q.

So as you sit here today, you do

15

not know whether Cajun gave Mr. Dufrene

16

respiratory protection to wear while working

17

at Chevron or not?

18

A.

That's correct.

19

Q.

And your opinion is that's okay

20
21

because he wasn't exposed to asbestos anyway?
MR. COLE:

22
23

Object to the form.
THE WITNESS:

24
25

I didn't say he wasn't exposed to
asbestos.

We're exposed to asbestos sitting

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here in this conference room.

2

BY MR. GAULT:

3

Q.

All right.

Then let me see if I

4

can rephrase it and get you to where you can

5

agree.

6

Is it your opinion that while

7

working at Chevron Oronite, Mr. Dufrene did

8

not need respiratory protection because the

9

levels of his exposure to asbestos, if any,

10
11
12
13
14
15

were below the OSHA regulatory limit?
A.

In a regulatory context, that is

correct.
Q.

All right.

What about a

nonregulatory context?
A.

By today's professional standards,

16

yes, we would have put him in respiratory

17

protection.

18

Q.

All right.

19

A.

But they were not regulatorily

20
21

required.
Q.

Would you allow Cajun's employees

22

working at Monsanto in 1979 to remove

23

insulation without wearing a respirator?

24

A.

No.

I don't believe I did.

25

Q.

Do you -- do you believe that Cajun
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should have allowed Mr. Dufrene to work at

2

Chevron Oronite without a respirator while

3

removing insulation?

4

A.

Okay.

There's two issues that need

5

to be clarified.

First, are we talking

6

asbestos insulation or just insulation in

7

general?

8

Q.

Okay.

I'll reask the question.

9

A.

Okay.

10

Q.

All right.

Do you believe that

11

Cajun should have allowed Mr. Dufrene to

12

remove insulation without wearing a

13

respirator at Chevron Oronite?

14

MR. COLE:

15
16

Object to the form.
THE WITNESS:

17

I don't see that as a different

18

question.

But had it been

19

asbestos-containing, should, meaning the

20

preferred course of action to remove it

21

without respiratory protection?

22

not think they should have.

23

regulatorily permissible given the likely

24

exposures?

25

BY MR. GAULT:

No.

I do

Was it

Yes.

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Q.

The second bullet point on page 13.

2

A.

Okay.

3

Q.

I take it you disagree with that?

4

A.

Absolutely.

5

MR. COLE:

6
7
8

Well, I'm going to object to the
form.

Go ahead.
MR. GAULT:

9
10
11

Object to the form of the question,
"Do you disagree with that"?
MR. COLE:

12
13
14

Well, I didn't -- maybe I
misunderstood.
MR. GAULT:

15

Because if there's a problem with

16

the form, I want to clear it up is all I'm

17

saying.

18
19

MR. COLE:
Well, I'm not sure about the

20

communication.

And I'm going to go ahead and

21

say it because you're doing it.

22

talks about -- it was explained by

23

Mr. Hentgen.

24

employment at Cajun Insulation.

25

you've been talking about his employment at

But this

He was talking about his entire
And I think

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Chevron Oronite.

2

sure if you guys were communicating.

3

MR. GAULT:

4
5

Fair point.
MR. COLE:

6
7
8

Because I brought that up with
Hentgen.
MR. GAULT:

9
10
11

And so I just -- I wasn't

Fair point.
BY MR. GAULT:
Q.

So the second bullet point there,

12

as Mr. Hentgen explained, this was -- this

13

bullet point addressed his work in general,

14

not just at Chevron Oronite.

15

that, do you agree or disagree with the

16

second bullet point on page 13 of

17

Mr. Hentgen's report?

18

A.

In light of

I generally disagree with that

19

because apart from Chevron Oronite having

20

oversight, apart from what he did at Monsanto

21

where we had oversight -- and they had a

22

specific procedure that they had to follow.

23

They had a general procedure that had they

24

followed it would not have resulted in

25

exposures in excess of the OSHA regulation
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limits.

2

Q.

The third bullet point on page --

3

the third and last bullet point of

4

Mr. Hentgen's summary of opinions -- excuse

5

me.

6

or disagree with that one?

7

The third one on page 13.

A.

Do you agree

I agree with the straight wording

8

of the question.

I disagree with the

9

implication that there was not compliance

10

with the OSHA regulations and that there were

11

exposures in excess of prevailing OSHA PEL.

12
13

Q.

So can you turn to Mr. Hentgen's

report, page 8, please?

14

A.

I'm going to have to get it.

15

MR. COLE:

16

I'll just show you mine.

17

don't read all my scribble notes all in the

18

columns.

19
20
21
22
23
24
25

Just

THE WITNESS:
Okay.
MR. COLE:
Go ahead.
THE WITNESS:
Where on page 8, sir?
BY MR. GAULT:
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Q.

Yeah.

So I'd like for you to just

2

take a minute and -- so that entire section

3

there on page 8 and then the top of page 9.

4

I'd like to ask you to read it to yourself.

5

And then what I'm going to ask -- what I'm

6

going to ask you after is:

7

statements in here that you disagree with.

8

MR. COLE:

9
10

Just to clarify, you're asking him
to read those ten bullet points?

11

MR. GAULT:

12
13

No.

No.

The entire section

that --

14

MR. COLE:

15
16

Are there any

Oh, that starts with "Summary"?
Okay.

17

MR. GAULT:

18

Yeah.

19
20

BY MR. GAULT:
Q.

So take your time.

Read it to

21

yourself.

22

going to ask you are there any things in

23

there you disagree with.

24
25

And then when you get ready, I'm

MR. COLE:
Want to take a break for a second?
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MR. GAULT:

2

Yeah.

3

(OFF RECORD)

4

(RECESS)

5
6

BY MR. GAULT:
Q.

All right.

On page -- beginning on

7

page 8, the section entitled, "Summary of

8

OSHA Regulatory Requirements for Employers

9

with Workers Engaged in the Removal of

10

Asbestos-Containing Insulation, 1977 through

11

1983," have you had an opportunity to read

12

that whole section that is on page 8 and on

13

the top of page 9?

14

A.

Yes, I have.

15

Q.

All right.

If you could go through

16

this and tell me if there are any statements

17

in here that you disagree with.

18

can start with the first paragraph,

19

beginning, "The responsibility."

20
21

A.

And maybe we

Okay.

That first sentence is

What's incorrect about it?

incorrect.

22

Q.

Okay.

23

A.

First off, OSHA had no regulations

24

before -- I believe it was May of 1971.

And

25

second, the responsibility is not placed on
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the employer by regulation.

2

Q.

Okay.

3

A.

Other than that, it's correct.

4

Q.

All right.

5

How is it placed on the

employer?

6

A.

By statute.

7

Q.

All right.

8

A.

It's also placed on the employer by

9
10

So --

professional practice.
Q.

Regulatory-wise then, you would

11

agree that responsibility of protecting

12

employers (sic) is on the employer by --

13

regulatorily, at least?

14

A.

No.

15

Q.

Okay.

16

A.

The regulations prescribe what is

17
18

Statutorily on the employer.

permissible, what is impermissible.
Q.

All right.

So would you agree then

19

by 1971, statutorily, the responsibility of

20

protecting employees was placed directly on

21

the employer?

22

A.

That is correct.

23

Q.

All right.

24
25

The second sentence of

that paragraph says what?
A.

It is a statement of OSHA's
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2

general -Q.

I'm sorry.

That was a bad

3

question.

4

second sentence of that paragraph?

5

A.

Do you agree or disagree with the

If that's not a quote, it's an

6

exceptionally close paraphrase of the general

7

duty clause, that is correct.

8
9

Q.

Thank you.

The next paragraph

begins, "OSHA regulations."

10

A.

Okay.

11

Q.

Can you tell me is there anything

12

in this paragraph that you disagree with?

13

A.

The last word of the first

14

sentence, I don't know when he was assigned

15

to work on Chevron contracts.

16

first time that was recorded against Chevron

17

contracts was 1979, that I saw anyway.

18
19

Q.

All right.

But the

The sentence that

follows that begins "Compliance."

20

A.

Okay.

21

Q.

Anything in there you disagree

22
23

with?
A.

Yes.

I disagree with his use of

24

the word "sequentially."

25

It's both

unnecessary and incorrect.
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2
3

Q.

All right.

Tell me why it's

incorrect.
A.

Because you don't comply in

4

sequence.

5

simple.

6

application date to the standard, and you

7

have to comply by that date.

8
9
10
11

Q.

You comply all at once.

It's very

There's a compliance date or an

All right.

numbers there.

Let's look at the

Number 1, do you agree or

disagree with No. 1?
A.

I agree with No. 1.

I'm not sure

12

why we have distinguished between No. 1 and

13

No. 2 at the risk of getting ahead.

14

Q.

Do you agree with No. 2?

15

A.

I agree with No. 2 as written, yes.

16

Q.

All right.

17

A.

Each place of employment, as is

18

applied, was not specific to the work site.

19

And as more contemporary practice has

20

actually codified in the regulations, it is

21

not each site.

22

establishment so long as the data are

23

representative.

24
25

Q.

It would be each

Thank you.

Do you agree or

disagree with No. 3?
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A.

I disagree.

2

Q.

All right.

3

Tell me what parts you

disagree.

4

A.

5

sentence --

6

Q.

Can I stop you?

7

A.

Okay.

8

Q.

The first sentence says, "Provide

9
10
11
12
13

The first sentence, the second

Mr. Dufrene a respirator."

Why do you

disagree with that?
A.

Because that's not what the

regulation says.
Q.

Okay.

And that is because you do

14

not believe he was exposed to asbestos in

15

levels that exceed the regulatory limit?

16

A.

Regardless of his exposure, the

17

regulation does not require specifically the

18

provision, and unconditionally the provision

19

of a respirator.

20

Q.

Okay.

If someone is exposed to

21

asbestos at levels that exceed the regulatory

22

limit, would the regulations require a

23

respirator?

24

A.

Yes.

25

Q.

And so the basis for your
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disagreement here is your belief that he was

2

not exposed to asbestos at levels in excess

3

of the permissible limits?

4

A.

That is correct.

5

Q.

All right.

6

A.

What you have asked is correct.

7
8
9
10

Next --

What Mr. Hentgen wrote is incorrect.
Q.

The next sentence, "Cajun

Insulation was required."
A.

You --

Again, they are not required.

In

11

the context of particularly his Point 1,

12

"Workers engaged in the removal of demolition

13

of friable asbestos-containing material,"

14

They are not required to provide a

15

respirator.

16

Q.

Again, because they're only

17

required to do that if the levels exceed the

18

permissible?

19

A.

20
21

It's a conditional requirement or

conditioned requirement.
Q.

All right.

And the condition is if

22

asbestos levels exceed the regulatory limit

23

or the permissible limit, then those

24

requirements kick in?

25

A.

Yes.
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Q.

All right.

Thank you.

Number 4.

2

A.

That is a somewhat conditioned

3

requirement.

4

done in construction, that was generally an

5

inapplicable requirement.

For the type of work that is

6

Q.

Okay.

7

A.

If it was geared to a manufacturing

8

or continuous operation, not to the

9

short-term mobile, for lack of a better term,

10

operations that would be done in construction

11

and demolition.

12

Q.

All right.

I don't think I need to

13

ask you about any of the other points on this

14

particular summary.

15

to flip to page 9 for me.

But if I could get you

16

A.

Okay.

17

Q.

And so these are -- this section

18

goes through and lists some OSHA citations.

19

Is there anything in here in this section you

20

disagree with?

21
22
23
24
25

A.

Okay.

We've moved on to a

different section of the regulation.
MR. COLE:
He's right here.
BY MR. GAULT:
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Q.

Yep.

And if you need to take a

2

minute to read it to yourself, please do.

3

question to you is:

4

this section on page 9 and 10 about OSHA

5

violations that you disagree with?

6

minute and read it and let me know when

7

you're ready.

8

A.

(Reading.)

9

Q.

Okay.

My

Is there anything in

Take a

I'm ready when you are.

So you have reviewed the

10

section on OSHA violations that begins on

11

page 9 and goes through page 10?

12

A.

That's correct.

13

Q.

Is there anything in this section

14

that you disagree with?

15

A.

Factually, no.

16

Q.

Okay.

17
18

All right.

Anything you

want to state with respect to what you read?
A.

You know, I would go back to what I

19

put in my report, the November 1973 general

20

duty clause.

21

absolutely nothing to do with asbestos.

22

I don't know what it was.

23

would not be for asbestos.

24
25

That's very nice.

It had
But

But I do know it

February of '82, I was quite
familiar with that operation because I took
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part in that inspection.

2

correct.

3

issues, particularly the waste disposal.

4

That is factually

But they were pretty minimal

In the case of that inspection and

5

the waste disposal, there were a small number

6

of bags.

7

more than one, certainly less than five, that

8

had not yet been taped closed.

9

contain removed material.

10
11

I don't remember.

I think it was

They did not

They contained

discarded protective clothing.
During that inspection -- and this

12

lapses over into the next -- September of

13

'85 -- the inspector took air samples,

14

exposure monitoring of the Cajun crew.

15

he was limited in the number of samples or

16

employees that he could sample because at the

17

time, all but one of Cajun's employees were

18

being sampled by Cajun.

19

And

And they were being sampled by

20

Cajun at the time the inspector showed up at

21

the plant gate, which kind of makes the

22

failure to conduct exposure monitoring from

23

the September of '85 citation incorrect.

24

that's why, particularly the repeat issuance

25

of that citation, was withdrawn.

And

And that

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was the January of '86 repeat violation.

2

I would point out, as I did in my

3

report, that none of these citations were for

4

an exposure.

5

subsidiary violations.

6

emphasis area.

7

monitored or measured by OSHA during the

8

course of an industrial hygiene inspection.

9

And I know that they were in 1982 because I

10
11
12

They were all for ancillary or
And asbestos was an

And exposures would have been

was there.
Q.

All right.

Thank you, sir.

Switch

gears on you.

13

A.

Okay.

14

Q.

If Mr. Dufrene removed insulation

15

while working at Chevron Oronite, do you

16

think it is more likely than not that the

17

insulation was -- the insulation contained

18

asbestos?

19
20
21
22

A.

Some of it, yes.

On any given

removal job, can't tell.
Q.

So your report, you reviewed

depositions of Raterman and Lemen?

23

A.

Yes, I have.

24

Q.

And were those Mr. Dufrene's expert

25

in the underlying -- experts in the
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underlying case?

2

A.

That's my recollection, yes.

3

Q.

Do you recall their opinions

4

regarding the exposure of Mr. Dufrene to

5

asbestos at Chevron Oronite?

6

A.

My recollection in a broad sense is

7

that they were rather shy about expressing a

8

direct opinion but expressed it in terms of

9

based upon Mr. Dufrene's deposition and what

10

he related.

11

Q.

Did the -- did those two experts

12

give an opinion that Mr. Dufrene was exposed

13

to asbestos at Chevron Oronite at levels that

14

exceeded the OSHA or the regulatory

15

permissive limits?

16

A.

As I say, they were shy about

17

making a direct personal expression of

18

opinion, but, rather, expressed it based upon

19

what Mr. Dufrene testified to.

20

recall whether they expressed that

21

specifically to Chevron or to his employment

22

in general.

23

Q.

Okay.

I don't

So as you sit here, can you

24

recall whether or not in the underlying case,

25

Mr. Dufrene's expert said he was exposed to
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asbestos at Chevron Oronite at levels that

2

exceeded the permissible limits?

3

A.

I cannot recall.

From what I do

4

recall, I doubt if they made such a flat

5

declaration or expression of opinion.

6

MR. GAULT:

7
8
9
10

All right.
else.

I don't have anything

Thank you.
THE WITNESS:
All right.

11

WITNESS EXCUSED AT 12:40 P.M.

12

*****************************

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REPORTER'S CERTIFICATION
This certification is valid only for a
transcript accompanied by my original
signature and original required seal on this
page.
I, DENISE M. CENTANNI, a Certified Court
Reporter and Registered Professional Reporter
in and for the State of Louisiana, as the
officer before whom this testimony was taken,
do hereby certify that LAURENCE R. DURIO,
CIH, to whom oath was administered, after
having been duly sworn by me upon authority
of R.S. 37:2554, did testify as hereinbefore
set forth in the foregoing 66 pages; that
this testimony was reported by me in the
Stenotype reporting method, was prepared and
transcribed by me or under my personal
direction and supervision, and is a true and
correct transcript to the best of my ability
and understanding; that the transcript has
been prepared in compliance with transcript
format guidelines required by statute or by
rules of the board, and that I am informed
about the complete arrangement, financial or
otherwise, with the person or entity making
arrangements for deposition services; that I
have acted in compliance with the prohibition
on contractual relationships, as defined by
Louisiana Code of Civil Procedure Article
1434 and in rules and advisory opinions of
the board; that I have no actual knowledge of
any prohibited employment or contractual
relationship, direct or indirect, between a
court reporting firm and any party litigant
in this matter, nor is there any such
relationship between myself and a party
litigant in this matter. I am not related to
counsel or to the parties herein, nor am I
otherwise interested in the outcome of this
matter.
_______________________________ __________
DENISE M. CENTANNI
DATE
Certified Court Reporter
Registered Professional Reporter

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CHEVRON ORONITE COMPANY VS. THE CAJUN COMPANY

2
WITNESS AMENDMENT(S)
3
I, LAURENCE R. DURIO, CIH, have read or
4

have had the foregoing testimony given by me
on 6/8/17 read to me and hereby certify that

5

it is a true and correct transcription of my
testimony with the exception of the following

6

corrections or changes, if any:

7

PAGE

LINE

8

____

____

_________________________________

9

____

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_________________________________

10

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12

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____

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_________________________________

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____

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____

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_________________________________

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____

____

_________________________________

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____

____

_________________________________

CORRECTION

19
20

_______________________

21

LAURENCE R. DURIO, CIH

22

Routing:

23

Erin W. Latuso, Esq.
Edwin S. Gault, Esq.

24

Dean A. Cole, Esq.
Denise M. Centanni, CCR, RPR

25
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[& - appearances]
&
& 1:11 2:2
1
1 3:3,13 6:13
11:22 13:3 24:4
24:14 58:9,10,11
58:12 60:11
10 41:1 62:4,11
100 2:3 14:12,15
14:24 15:1,7,12,22
1001 2:8
10594 1:3
11:05 1:14
12 29:12 30:10
36:16 42:4 43:8
12:40 1:15 66:11
13 29:12 43:19
51:1 52:16 53:5
1434 67:17
155 20:3
19101001 27:10
191093 27:8
1970s 22:21 23:1
43:4
1971 55:24 56:19
1973 62:19
1975 40:16,17
1977 55:10
1978 26:14 39:22
1979 18:12 26:7
39:23 49:22 57:17
1980 26:7
1980s 31:13 43:5
1982 64:9
1983 55:11
1986 37:10,18,21
38:4,17 41:6,20,23

2
2 3:4,14 6:15,16
13:9,20 24:5,14
58:13,14,15
200 2:3,8
2017 1:14
2111 1:12
22 9:14
22nd 6:24
29 27:8,10
2:16 1:3
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3 3:5,15 6:21 7:3
7:22 14:9 24:18
24:19 58:25
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39201-4099 2:4
3m 21:16,19 22:8
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41:1
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600 13:23 14:1
66 67:9
67 3:10
68 3:11
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70503 2:9
70808 1:13
70809 5:3
70s 9:24 22:22
36:8 37:15
78 38:22

79 38:22 40:18,19
8
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55:7,12
80s 16:18 32:5,7
41:22
82 62:24
85 63:13,23
86 38:17 64:1
8762 5:2
8th 1:13
9
9 54:3 55:13 61:15
62:4,11
90s 9:24
a
a.m. 1:14
abatement 25:5,13
25:19 42:14
ability 67:11
absolute 31:2
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62:21
abstract 37:21
accept 15:2
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36:7,13
accepted 23:9
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acted 67:15
action 1:2 50:20
actual 67:17
addition 5:19,23
additional 9:12
address 41:25
addressed 27:24
45:15 52:13
administered 67:7

administering
4:23
advisory 67:17
affront 44:11
aforementioned
4:5
ago 10:17 16:15
agree 23:16 26:14
26:25 28:1 29:21
29:25 30:4,9,10,21
30:23 31:8 32:19
32:22,25 33:9,14
36:19,24 37:1,4,5
37:7 42:6 43:8,10
43:19,21 45:10
46:10 49:5 52:15
53:5,7 56:11,18
57:3 58:9,11,14,15
58:24
agreed 4:3
ahead 51:7,20
53:22 58:13
air 63:13
allow 49:21
allowed 4:6 50:1
50:11
amendment 68:2
analytical 26:8,12
ancillary 64:4
answer 4:16 16:9
19:6 34:16
answered 47:20
anybody 11:1 16:4
16:24 17:22 31:18
anyway 20:2
48:20 57:17
apart 52:19,20
apologize 7:8 44:9
apparently 7:7,18
appearances 3:4

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[application - checkmark]
application 26:3
58:6
applied 58:18
applies 10:10
appropriate 27:20
46:20
area 64:6
arrangement
67:14
arrangements
67:15
article 67:16
asbestos 18:17,21
21:9 25:5,12,19
27:6,7 31:4 32:12
33:21 34:20 39:14
39:15 42:15,23
43:3 48:2,20,25,25
49:9 50:6,19
55:10 59:14,21
60:2,13,22 62:21
62:23 64:5,18
65:5,13 66:1
asbestosis 10:25
asked 9:7 44:2
60:6
asking 19:15
33:16 47:9 54:9
assessment 15:9
assigned 57:14
attach 6:9,13,15
6:21 13:11
attached 7:3,22
8:7,15
attorneys 2:5,10
author 20:10
authority 67:8
aware 31:3
awareness 39:13
awful 25:4

bored 37:22
bottom 13:8,20
b 3:12
15:7
back 22:6 23:22
bounds 15:9,22
26:5 31:12 36:15
bradley 11:6
37:14,15 45:17
break 46:12 54:25
62:18
bring 5:7,10,13
bad 57:2
18:7 19:8
bags 63:6
broad 65:6
base 38:23
based 7:2,21 26:10 brought 5:14,20
5:24 6:17 8:7
31:9,24 32:3
39:18 52:6
46:11 65:9,18
bullet 29:19,22,25
basic 17:8
30:4,9,13,17,21
basically 9:22
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22:15
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basis 13:25 14:15
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bates 14:5 20:1
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baton 1:12 5:2
54:10
beginning 33:1
busby 10:19
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begins 25:14 32:18 butcher 9:22
c
36:18,22 37:2
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c 2:1
belief 60:1
cajun 1:6,7 2:10
believe 6:25 8:17
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10:2,3,4,6,7,8,10
21:4 22:19 23:18
10:13,19 16:1,6,8
27:20 32:4 34:5,8
17:1,17,18 18:2
40:20 49:24,25
20:2,2,6 26:16,17
50:10 55:24 59:14
26:25 27:2,5 28:2
best 67:11
32:9,19 33:20
better 14:3 18:22
34:5,12,18,24 35:9
45:2 61:9
35:13,15,22 36:8
bit 5:12 46:13
36:14,23 37:3,9,15
black 43:12
39:18 42:10,22
board 67:13,17
43:2 46:13,17,18
body 30:12,18
47:4,13,24 48:6,9
bold 24:25
48:15 49:25 50:11
51:24 60:8 63:14
b

63:18,20 68:1
cajun's 35:16
49:21 63:17
call 10:4 17:14,18
called 21:18
caption 3:3
cartridge 22:2,9
40:21
case 5:25 8:12
10:1,18,24 11:2
12:12 14:4 16:2
16:25 17:9,11,15
17:18,23 23:15,20
23:21 24:6,9,16
34:3,12 63:4 65:1
65:24
cases 11:22,23
ccr 68:24
ceased 38:4
centanni 1:19 4:21
67:5,24 68:24
center 2:8
certain 26:17 27:1
47:24,25 48:1
certainly 12:3
26:1 41:24 48:4
63:7
certificate 3:10,11
certification 4:13
67:1,2
certified 1:19 4:21
23:7 67:5,24
certify 67:7 68:4
cetera 32:14
cfr 27:8,10
challenge 44:12
changes 68:6
charge 23:2
checkmark 12:8
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[chemical - demolition]
chemical 1:4
chevron 1:2,4 2:5
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chevron's 9:21
chosen 36:1,3
cih 1:11 5:1 67:7
68:3,21
cio 11:7
citation 43:13
63:23,25
citations 61:18
64:3
cited 31:25 37:3
37:17
civil 1:2 4:7 67:16
clarification 17:6
clarified 50:5
clarify 54:9
clause 57:7 62:20
clear 34:17 36:3
51:16
close 15:20 57:6
closed 63:8
clothing 63:10
code 67:16
codified 58:20
cole 2:7 7:10,16
8:18 9:5 12:13
13:10,15 15:14
19:7,11,16,22

26:18 28:24 29:5
33:2,6 38:6,10
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48:21 50:14 51:5
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columns 53:18
comardelle 12:3
17:9
comfortable 15:11
commencing 1:14
communicating
52:2
communication
51:20
company 1:3,4,6
2:5,10 10:3,8
35:24 39:17 68:1
68:1
comparison 23:9
30:13
complete 67:14
compliance 53:9
57:19 58:5 67:12
67:15
compliant 38:21
complied 34:24
35:10
comply 33:20 36:1
48:7 58:3,4,7
complying 40:11
concede 15:21
conceivably 41:23
concern 39:14
conclusion 47:7
condition 60:21
conditional 60:19
conditioned 60:20
61:2

conditions 21:12
46:25
conduct 42:12
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conference 49:1
consistent 23:19
construction 61:4
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consultant 36:5
consulting 5:1
contain 63:9
contained 7:4,23
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containing 50:19
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contemporary
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context 30:12
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continuous 61:8
contract 14:4 35:8
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contractor 39:7
contractors 40:5
40:15
contracts 40:9
57:15,17
contractual 67:16
67:18
conversations
32:3
copies 6:10
copy 5:14 18:5
28:7,9,16,23
corporate 9:21
16:7
corporation 46:18
correct 6:12,20
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24:8 28:6 30:3
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corrections 68:6
counsel 4:4 67:21
couple 31:11
course 41:17
50:20 64:8
court 1:1,19 4:21
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current 16:1,5
curriculum 3:14
cv 1:3 5:15 6:16
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data 25:11,18 26:5
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date 18:9 27:11
58:5,6,7 67:24
day 1:13 23:10
47:24
dealings 37:14
dean 2:7 68:24
deceive 31:18
decided 38:15
declaration 66:5
defendant 2:10
define 22:23
defined 67:16
delegate 36:3,6
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demolition 60:12
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[denise - examination]
denise 1:19 4:21
67:5,24 68:24
depending 22:22
23:11
depends 21:12
deposed 10:23
11:9
deposition 1:10
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31:24 45:19 65:9
67:15
depositions 31:12
34:4 45:20 64:22
descriptions 25:24
detail 7:25 8:1
24:1,8,10,13 32:13
detailed 18:20
determine 27:18
device 22:16
different 47:19
50:17 61:22
difficult 33:15
direct 30:18 65:8
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direction 67:11
directly 10:14
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director 20:9
disagree 30:24
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55:17 57:3,12,21
57:23 58:10,25
59:1,3,10 61:20
62:5,14
disagreement 60:1
discarded 63:10
discontinue 38:15

discontinued
37:11
discussed 31:6
discussion 16:21
18:25 29:10
discussions 41:3
41:13,18
disposable 21:24
22:10,11
disposal 27:24
63:3,5
distinguish 17:5,7
distinguished
58:12
district 1:1,1
document 6:13
8:23 19:18 46:17
47:20
documentation
44:25 45:5
documents 6:2
7:22 9:1 14:4 18:5
18:8 31:10,11
34:4 35:8 45:13
45:14,18
doing 36:9 51:21
doubt 12:2,5 42:1
66:4
drop 42:1
dryden 9:17 35:7
35:7
dufrene 11:3
13:22 14:11 17:11
26:2,15,24 28:3
33:22 34:6,25
42:11,15,25 46:14
46:19 47:4,14,25
48:10,15 49:7
50:1,11 59:9
64:14 65:4,12,19

dufrene's 17:14
27:25 34:13,19
42:21,22 64:24
65:9,25
duhe 16:9,17 31:3
31:12,17,24 32:4
41:4,15,22
duhe's 20:8,8
duly 5:4 67:8
durio 1:10 5:1,1
67:7 68:3,21
dust 21:16,23
22:12,13,20 23:4,5
duties 35:16
duty 57:7 62:20
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e 2:1,1 3:1,12
earlier 41:14
early 9:24 38:22
43:4
easier 28:16
eastern 1:1
edwin 2:3 3:8
68:23
efficiency 22:17
efforts 33:20
eighth 36:22
either 8:25 10:7
11:16 44:4
elected 39:16
emphasis 23:21
64:6
employee 16:1,5
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employees 42:10
42:13 43:3 49:21
56:20 63:16,17
employer 11:18,24
56:1,5,8,12,14,21
employer's 12:19

employers 55:8
56:12
employment 51:24
51:25 58:17 65:21
67:18
encountered 21:14
enforcement 28:5
engaged 55:9
60:12
ensure 35:9
entire 51:23 54:2
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entirely 23:19
entitled 55:7
entity 67:14
equipment 46:15
era 26:7
erin 68:23
erroneous 45:20
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esh76 20:2
esq 2:3,7 68:23,23
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evasive 36:2
evidence 4:19
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[examined - go]
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exception 68:5
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exhibit 6:12,15,16
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expert 64:24 65:25
experts 64:25
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exposures 25:15
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50:24 52:25 53:11
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fact 26:2 31:2,14
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failure 63:22
fair 9:4 15:24 17:6
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52:4,9
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faster 14:18
feasible 27:19
february 62:24
federal 4:7
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field 16:14
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figure 15:2,7
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filing 4:12
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financial 67:14

find 34:23
fine 17:19 28:21
firm 67:19
first 5:3 8:9 14:10
24:24 32:20 36:24
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43:18 50:5 55:18
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59:4,8
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flat 66:4
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68:5
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foregoing 67:9
68:4
form 4:15 26:19
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48:22 50:15 51:7
51:9,16
formalities 4:10
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forman 2:2
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former 16:1,5
forth 20:25 67:9
forward 17:13
fosty 35:6
fosty's 45:19
four 5:15 10:17
fourth 30:4
frame 31:14 36:8
40:16
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friable 60:13
front 7:19 13:5

full 26:1 40:22
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gate 63:21
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gault 2:3 3:8 5:6
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13:13,17,19 15:23
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19:19,20 20:4
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29:3,8,11 33:4,8
38:18 41:11 44:22
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51:8,14 52:3,8,10
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55:1,5 61:25 66:6
68:23
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gee 20:13
general 18:20
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52:23 57:1,6
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generally 22:13
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getting 58:13
give 15:6 16:8 19:5
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given 23:15 24:5
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64:19 68:4
glancing 9:8
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13:1 17:13 24:22
28:14 29:9,14,15
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[goes - light]
goes 26:5 37:14
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going 5:17 9:6
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guys 52:2
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23:18 29:1 31:20
35:6 36:10 43:25
44:19 46:9 50:22
51:24 61:12 63:6
64:16
third 23:23,25
29:25 32:25 33:9
53:2,3,5
thought 15:8
21:15 36:9 44:4
three 6:13 10:17
threw 15:21
time 4:17 6:6
10:11 14:2,20,22
14:22 16:15,16
25:25 26:1,24
28:5 31:4,13
33:22 36:8 37:19
38:3 39:25 40:16
41:21 54:20 57:16
63:17,20
title 9:22 40:2
today 5:8,11,20
6:18 8:7 17:21
26:9 47:13,13

48:14
today's 22:24
49:15
told 41:14,21
top 14:10 43:18
54:3 55:13
topic 41:25
total 13:23 14:22
totality 47:21 48:2
transcribed 67:10
transcript 44:16
67:3,11,12,12
transcription 68:5
transfer 39:16
trial 10:23 11:17
tried 31:17
trigueros 12:4
true 67:11 68:5
turn 53:12
twin 40:21
two 8:9 29:21 50:4
65:11
type 21:10 22:9
27:23 61:3
typo 44:21
typos 43:24
u
u 4:1
uncertain 12:23
unconditionally
59:18
underlying 17:8
17:15 23:15,20,21
24:6,16 64:25
65:1,24
understand 21:24
35:24 44:19,20
47:18
understanding
10:7 20:7,12 23:2
67:12

understood 8:3
24:3 27:17 33:18
united 1:1
unnecessary 57:25
upper 15:9
upward 15:22
use 22:14 23:4
57:23
utilized 23:12
v
v 1:5
valid 67:2
various 16:13
versus 10:19 14:23
17:1,17,18
violate 34:12
violated 34:5,19
violation 64:1
violations 62:5,10
64:5
vitae 3:14
vs 68:1
w
w 68:23
waived 4:11,13
want 19:18,18
24:23 27:9 43:11
51:16 54:25 62:17
wanted 17:5,7
waste 27:23 63:3,5
watkins 2:2
way 31:22 33:19
43:1,14 44:13
we've 8:7 61:21
wear 22:20 23:4
40:16 48:10,16
wearing 49:23
50:12
website 3:15 6:19

went 10:23 14:2
west 2:8
wet 27:19
white 43:13
wiggins 12:2
willing 15:2,21
win 44:19
wise 56:10
withdraw 9:11
26:21
withdrawn 43:13
43:14 63:25
witness 4:5,24
7:13 8:24 12:15
15:17 28:17,22
38:8,12 41:9 46:4
48:23 50:16 53:19
53:23 66:9,11
68:2
witness's 3:11
word 57:13,24
wording 53:7
work 23:11 27:19
27:25 33:24,25
34:3,13,19,20,25
35:12 39:3,15,24
40:22 42:22 50:1
52:13 57:15 58:18
61:3
worked 13:22 14:7
14:8 26:16,25
33:23 40:7 47:15
workers 18:16
55:9 60:12
working 34:6
38:25 48:16 49:7
49:22 64:15
writing 44:5
written 30:23 31:8
37:8 44:3 45:10
58:15

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[wrote - yep]
wrote 20:5 29:2
60:7
x
x 3:1,12
y
yeah 6:10 7:14,17
10:9 12:16 17:24
36:5 37:7,20,21,22
45:7 54:1,18 55:2
year 5:15 39:21
years 10:17 26:15
yep 62:1

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