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  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
  • Monsanto Company vs. Landrigan, Dr. Phillip Other Administrative Action document preview
						
                                

Preview

Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number docketed 1/25/24 COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. SUPERIOR COURT 24282CV0070 CIVIL ACTION NO. MICHAEL WALDOW, Plaintiff, Vv. MONSANTO COMPANY, Defendant. APPLICATION FOR AN ORDER AUTHORIZING ISSUANCE OF SUBPOENAS DUCES TECUM IN THE COMMONWEALTH FOR PROCEEDING IN TRIBUNAL OUTSIDE COMMONWEALTH PURSUANT TO MASS. GEN. LAWS C, 223A, §11 AND C, 233, §45 Pursuant to Mass. Gen. Laws c. 223A, §11 and c. 233, §45, application is hereby made for an Order authorizing the issuance of subpoenas duces tecum for Dr. Philip Landrigan, 29 Mayflower Road, Chestnut Hill, MA 02467, in the form attached hereto, to appear at the taking of his virtual deposition and produce documents for use in proceedings now pending before the Circuit Court of St. Louis County, State of Missouri, bearing Case No. 21SL-C00746 (the “Missouri Civil Action”). The deposition testimony and documents sought are relevant, material and necessary to the issues involved in the above-described Missouri action. In support of this application, the undersigned states that Defendant Monsanto Company has provided notice of the taking of the deposition and document request of Dr. Philip Landrigan upon counsel of record of the Missouri Civil Action in accordance with the applicable rules of procedure where the above-described Missouri action is pending. Further, the Court in the Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number Missouri Civil Action has granted the Commission to Issue a Subpoena Outside the State of Missouri, a copy of which is attached as Exhibit A, The proposed Massachusetts subpoenas duces tecum upon Dr. Philip Landrigan is attached hereto as Exhibit B. A proposed Order is attached as Exhibit C. WHEREFORE the undersigned applicant prays that: 1. This Court issue an Order authorizing the issuance of a subpoena in the form attached hereto, in accordance with the procedure of Mass. R. Civ. P. 45, to compel the taking of the deposition and production of documents by the Dr. Philip Landrigan at the time and place stated on the attached proposed subpoenas or at such other time and place as may be in accordance with Mass. R. Civ. P. 45; and 2. This Court authorize any Notary Public of the Commonwealth of Massachusetts to issue the subpoenas in furtherance of its Order. Respectfully submitted Monsanto Company By its attorneys, 4s/ Matt Brown Matthew E. Brown (BBO #569036) Nelson Mullins Riley & Scarborough LLP One Financial Center, Suite 3500 Boston, Massachusetts 02111 (617) 217-4700 — Telephone (617) 217-4710 — Facsimile matt.brown@nelsonmullins.com Dated: January 23, 2024 Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number EXHIBIT A Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number IN THE CIRCUIT COURT OF ST. LOUIS COUNTY FILED STATE OF MISSOURI JAN 1 8 2024 MICHAEL WALDOW, JOAN M. GILME CIRCUIT CLERK, ST. Louis COUNTY Plaintiff, vs. Case No, 21SL-CC00746 MONSANTO COMPANY, JURY TRIAL DEMANDED Defendant. COMMISSION TO ISSUE A SUBPOENA OUTSIDE THE STATE OF MISSOURI TO: NORFOLK COUNTY SUPERIOR COURT IN THE STATE OF MASSACHUSETTS WHEREAS, Dr. Philip Landrigan has been identified as a non-party fact witness in the above-styled cause of action; and WHEREAS, this Court has determined that good cause exists for the deposition and production and inspection of evidentiary documents of Dr. Philip Landrigan; THEREFORE, we request that, in the interest of justice, you issue an order by your proper and usual process summoning Dr. Philip Landrigan, to appear for deposition and to produce for inspection and copying all documents described in the subpoena directed to Dr. Philip Landrigan in the above-captioned case at a date, time, and location to be determined in accordance with, and pursuant to, the rules and local practice of the Norfolk County Superior Court in the State of Massachusetts, 4 nace] | gl: of Judge, Circui urt of St. Louis County Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number EXHIBIT B Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. MICHAEL WALDOW, Plaintiff, Vv. MONSANTO COMPANY, Defendant. DEPOSITION SUBPOENA DUCES TECUM PURSUANT TO MASS. R. CIV. P. 30 AND 45 TO: Dr. Philip Langdrigan 29 Mayflower Road Chestnut Hill, MA 02467 YOU ARE HEREBY COMMANDED, in the name of the Commonwealth of Massachusetts, in accordance with the provisions of Rules 30 and 45 of the Massachusetts Rules of Civil Procedure, on behalf of the Defendant Monsanto Company through its attorneys, to appear and give testimony at the taking of your deposition by virtual means on a date and time to be determined before a Notary Public of the Commonwealth or some other officer authorized by law to administer oaths. The deposition will be conducted by virtual means through a secure web-based deposition platform provided by the court reporter. Please contact the Defendant’s attorney below prior to the deposition to obtain the necessary login credentials. The oral examination will be recorded stenographically and continue from day-to-day until completed. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number YOU ARE FURTHER REQUIRED to produce the materials as describe on Schedule A attached hereto and made a part hereof by reference. HEREOF FAIL NOT, as you will answer your default under the penalties of perjury in the law in that behalf made and provided. Dated: January 23, 2024 Judith B. Ercolini, Notary Public My Commission Expires: August 30, 2030 Monsanto Company By its attorneys, /s/ Matt Brown Matthew E. Brown (BBO #569036) Nelson Mullins Riley & Scarborough LLP One Financial Center, Suite 3500 Boston, Massachusetts 02111 (617) 217-4700 — Telephone (617) 217-4710Facsimile matt.brown@nelsonmullins.com Dated: January 23, 2024 Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number SCHEDULE A 1 The samples for which Dr. Scheiner “observed pinholes... of the coating applied by both BBS and Fletch’s and that these visible pinholes were expressions of large open void cavities within the intermediate coat (Intergard 475HS) through the topcoat (Interthane 870UHS), as referenced in Plaintiff Barletta Heavy Division, Inc.’s Supplemental Answers to Expert Witness Interrogatories (“Barletta’s Expert Interrogatory Answers”) Number 19. 2 The samples prepared by, or on behalf of, Dr. Scheiner in a laboratory setting in accordance with manufacturer’s specifications, as referenced in Barletta’s Expert Interrogatory Answers. 3 The samples prepared utilizing off-ratio dilutions, as referenced in Barletta’s Expert Interrogatory Answers Number 19 4 The hard, non-porous surface used in connection with the application of Intergard 475HS mixed to manufacturer's specifications and mixed to off-ratio mixes, as referenced in Barletta’s Expert Interrogatory Answers. 5 The product data sheets from the manufacturer for the coatings used in creating the “samples he prepared in a laboratory setting” as set forth in Barletta’s Expert Interrogatory Answers Number 19. 6 Copies of all Manufacturer’s Certificates of Analysis or any other third party testing of the coatings used in creating the “samples he prepared in a laboratory setting” as set forth in Barletta’s Expert Interrogatory Answers Number 19. 7 Copies of all documentation generated in connection with the coatings used in creating the “samples [Dr. Scheiner] prepared in a laboratory setting” as set forth in Barletta’s Expert Interrogatory Answers Number 19, including without limitation: recording of temperature, dew point, relative humidity, painting start times, painting stop times, recoat window, and quantities of product used during each test. 8 Copies of all photographs and/or videos taken of the samples of coatings applied by both BBS and Fletch’s showing the pinholes referenced in Barletta’s Expert Interrogatories Answers Number 19. 9. Copies of all photographs taken and/or videos taken of the samples Dr. Scheiner “prepared in a laboratory setting” as set forth in Barletta’s Expert Interrogatory Answers Number 19. 10. Copies of all documents referenced in Barletta’s Expert Interrogatory Answers Number 20. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number ATTACHMENT A DEFINITIONS For purposes of the following document requests, the following definitions apply: (a) “HEARTLAND HEALTH RESEARCH ALLIANCE?” (“HH-RA”) means the entity which maintains a mailing address in Brookfield, WI and whose Executive Director is Russell King, and any other related companies or entities. (b) “YOU” and “YOUR” means Dr. Philip Landrigan, including without limitation his present or former agents, representatives, attorneys or persons or entities acting on his behalf. (c) “DOCUMENT” or “DOCUMENTS” means all tangible and electronic things and recorded information, including any written, printed, recorded or graphic matter, computer generated or maintained matter, photographic matter, film or videotaped matter, and all written, typed or printed matter and all electronic, magnetic or other records, including both the original and/or non-identical draft(s). Examples of Documents include, but are not limited to, handwritten, typed, or printed papers; letters, cards, memoranda, notes; invoices, purchase orders, financial statements, manuals, receipts; diaries, logs, journals, calendars; electronic mail, instant messages (e.g. including but not limited to posts or messages exchanged by Teams, Slack, etc.), discussion board postings, blogs, chat room messages and posts, and social media communications (e.g., posts or messages sent via Facebook, Facebook Messenger, LinkedIn, MySpace, Snapchat, Twitter, FourSquare, Pinterest, Gmail, Yahoo, Comcast, Verizon, iChat, Apple FaceTime, AOL Instant Messenger, BlackBerry Messenger, etc.); phone text messages, voicemail recordings, facsimile, notes of telephone conversations; drawings, photographs, audio, tapes, disks, videotape recordings, DVD recordings, CD-ROM, films, and other forms of electronically or magnetically maintained information. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number (d) “COMMUNICATION” means the transmittal of information by any means. (e) “FUNDING” means money or other financial support provided by an institution, business, non-profit entity, for-profit entity, or individual. (f) “GLOBAL GLYPHOSATE STUDY” (“GGS”) means all studies, arms of studies, portions of studies, investigations, bioassays, tests, and/or analyses carried out and/or supervised by the Ramazzini Institute and/or Collegium Ramazzini regarding glyphosate, glyphosate-based herbicides (including but not limited to Roundup Bioflow or POEA-including Roundup products), surfactants, adjuvants, impurities in glyphosate or glyphosate-based herbicides, and/or glyphosate or glyphosate-based herbicide degradation products (including but not limited to AMPA). HH-RA involvement with the GGS is referenced here: https://hh- ra.org/projects/hhra-ramazzini-partnership/. (g) “GLYPHOSATE” or “GLYPHOSATE PRODUCTS” or “GLYPHOSATE- BASED HERICIDE” means any product containing N-(phosphonomethyl) glycine and/or C3HsNOsP. Such term includes but is not limited to Roundup®-branded products. (h) “SURFACTANT” or “ADJUVANT” means any product added to a mixture containing N-(phosphonomethyl) glycine and/or CsHsNOsP. Such term includes but is not limited to Roundup®-branded products. (i) “IMPURITY” or “IMPURITIES” means any product present in a glyphosate or glyphosate-based herbicide not intentionally added to the product. GQ) “DEGRADATION PRODUCTS” means any product produced as a breakdown — in the environment or in vivo — of glyphosate or any ingredient in glyphosate-based herbicides — including but not limited to aminomethylphosphonic acid (“AMPA”). Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number (k) “GMO” or “GENETICALLY-MODIFIED ORGANISM” (“GMO”) means any product or crop genetically altered to be resistant to pesticides. @ “RAMAZZINI INSTITUTE” (“RAMAZZINI”) means the entity located in Bologna, Italy that acts as a laboratory where Dr. Daniele Mandrioli carries out research sponsored by, supported by, conducted on behalf of, or otherwise affiliated with HH-RA, and any other related companies or entities — including but not limited to the Collegium Ramazzini. It also means the entity or entities that have conducted and/or continue to conduct the GGS. (m) “KING’S COLLEGE” means the entity located in London, England where Dr. Robin Mesnage carries out research sponsored by, supported by, conducted on behalf of, or otherwise affiliated with HH-RA, and any other related companies or entities. KING’S COLLEGE is also a partner of the Global Glyphosate Study. (n) “GEORGE WASHINGTON UNIVERSITY” (“GWU”) means the entity located in Washington, District of Columbia where Dr. Melissa Perry carried out research sponsored by, supported by, conducted on behalf of, or otherwise affiliated with HH-RA and any other related companies or entities. (0) “GEORGE MASON UNIVERSITY” (“GMU”) means the entity, located in Fairfax County, Virginia where Dr. Melissa Perry carries out research sponsored by, supported by, conducted on behalf of, or otherwise affiliated with HH-RA and any other related companies or entities. GMU is also a partner of the Global Glyphosate Study. (p) “BOSTON COLLEGE” (“BC”) means the entity located in Chestnut Hill, Massachusetts where YOU carry out research sponsored by, supported by, conducted on behalf of, or otherwise affiliated with HH-RA, and any other related companies or entities. BC is also a partner of the Global Glyphosate Study. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number (q) “UNIVERSITY OF CALIFORNIA” (“UC”) means the entity composed of a system of ten campuses in California which employs HH-RA Director of Policy and Regulatory Engagement, Mark Lipson. UC is also a partner of the Global Glyphosate Study. (1) “ICAHN SCHOOL OF MEDICINE AT MOUNT SINAIT” (“ICAHN”) means the entity located in New York, New York where Dr. Jia Chen and Dr. Corina Lesseur Perez carry out research sponsored by, supported by, conducted on behalf of, or otherwise affiliated with HH-RA, and many other related companies or entities. ICAHN is also a partner of the Global Glyphosate Study. (s) “UNIVERSITY OF PADUA” (“UP”) means the entity located in Padua, Italy where research support is provided on behalf of the GGS. (t) “FEDERAL UNIVERSITY OF PARANA” (“PARANA U.”) means the entity located in Parana, Brazil where research support is provided on behalf of the GGS. (u) The “UNIVERSITY OF COPENHAGEN” (“COPENHAGEN U.”) means the entity located in Copenhagen, Denmark where research support is provided on behalf of the GGS. (vy) “ATTORNEYS” means any lawyers, law firms, solo practitioners, lobbyists, or other legal or regulatory professionals engaged in the practice of law or (w) “RELATING TO” and “EVIDENCING?” (including the other tense forms of those terms) mean describing, evidencing, constituting, reflecting, showing, comprising, considering, discussing, regarding, setting forth, studying, analyzing, commenting upon, recommending, alluding to, or mentioning, in whole or in part. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number DOCUMENT REQUESTS All DOCUMENTS or COMMUNICATIONS RELATING TO research and/or publications sponsored by, supported by, conducted on behalf of, or otherwise affiliated with YOU on GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS, or GMOs in YOUR possession, including but not limited to the full study design, source of test chemicals, data, results, and funding for the Global Glyphosate Study. See https://hh- ra.org/projects/hhra-ramazzini-partnership/. All DOCUMENTS or COMMUNICATIONS RELATING TO FUNDING solicited, requested, managed, received, or distributed by YOU or to YOU relating to or evidencing any research (whether published or unpublished), presentations and/or publications on GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS or GMOs in YOUR possession, including but not limited to the Global Glyphosate Study. All DOCUMENTS or COMMUNICATIONS RELATING TO FUNDING solicited, requested, managed, received, or distributed by YOU for any research and/or publications on GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS or GMOs in YOUR possession. All DOCUMENTS or COMMUNICATIONS RELATING TO FUNDING solicited, requested, managed, received, or created by YOU via donation or any other source that was later used (in whole or in part) to support the GGS. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number All DOCUMENTS or COMMUNICATIONS RELATING TO FUNDING solicited, requested, managed, received, created, or distributed by YOU for any research and/or publications conducted by current or former employees and/or third-party consultants or advisors of HH-RA, RAMAZZINI, BC, UC, GWU, GMU, ICAHN, KING’S COLLEGE, UP, PARANA U., or COPENHAGEN U., including but not limited to the GGS. All DOCUMENTS or COMMUNICATIONS RELATING TO GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS or GMOs between YOU and any member of RAMAZZINI. All DOCUMENTS or COMMUNICATIONS RELATING TO lawsuits, legal or judicial proceeding involving GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS, or GMOs between YOU and current or former employees and/or third-party consultants or advisors of HH-RA, RAMAZZINI, BC, UC, GWU, GMU, ICHAN, KING’S COLLEGE, UP, PARANA U., or COPENHAGEN U. All DOCUMENTS or COMMUNICATIONS RELATING TO GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS or GMOs received or sent between YOU and ATTORNEYS. Any “Draft” or “Pre-Publication” DOCUMENTS or COMMUNICATIONS in YOUR possession RELATING TO any research (whether published or unpublished), presentations and/or publications conducted in whole or in part by HH-RA, Ramazzini, BC, UC, GWU, GMU, ICAHN, KING’S COLLEGE, UP, PARANA U., or Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number COPENHAGEN U. involving GLYPHOSATE, GLYPHOSATE-BASED HERBICIDES, SURFACTANTS, ADJUVANTS, IMPURITIES, DEGRADATION PRODUCTS or GMOs. 10. All DOCUMENTS or COMMUNICATIONS RELATING TO funding solicited, requested, managed, or received by YOU from ATTORNEYS, HH-RA, Ramazzini, BC, UC, GWU, GMU, ICAHN, KING’S COLLEGE, UP, PARANA U., or COPENHAGEN U 11 All DOCUMENTS or COMMUNICATIONS RELATING TO funding solicited, requested, managed, or distributed by YOU to ATTORNEYS, HH-RA, Ramazzini, BC, UC, GWU, GMU, ICAHN, KING’S COLLEGE, UP, PARANA U., or COPENHAGEN U 12. All DOCUMENTS or COMMUNICATIONS RELATING TO the resignation of Dr. Charles Benbrook as Executive Director of HH-RA. 13 All DOCUMENTS or COMMUNICATIONS RELATING TO the resignation of Robin Greenwald from the HH-RA Board of Directors. 14. ALL DOCUMENTS or COMMUNICATIONS RELATING TO HH-RA’s involvement, participation, direction, planning, carrying out, and execution of the GGS, including but not limited to YOUR involvement and that of Dr. Perry. See https://hh- ra.org/projects/hhra-ramazzini-partnership/. Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number 15 All DOCUMENTS or COMMUNICATIONS containing the terms “Ramazzini” and “Glyphosate.” 16. All DOCUMENTS or COMMUNICATIONS containing the terms “Ramazzini” and “Roundup.” 17. All DOCUMENTS or COMMUNICATIONS containing the terms “Ramazzini” and “Greenwald.” 18. All DOCUMENTS or COMMUNICATIONS containing the terms “Ramazzini” and “Robin G.” 19. All DOCUMENTS or COMMUNICATIONS containing the terms “Global Glyphosate Study” and “Greenwald.” 20. All DOCUMENTS or COMMUNICATIONS containing the terms “Global Glyphosate Study” and “Robin G.” 21 All DOCUMENTS or COMMUNICATIONS containing the terms “Ramazzini” and “Benbrook.” 22. All DOCUMENTS or COMMUNICATIONS containing the terms “Ramazzini” and “Chuck.” 23 All DOCUMENTS or COMMUNICATIONS containing the terms “Global Glyphosate Study” and “Benbrook.” Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number 24. All DOCUMENTS or COMMUNICATIONS containing the terms “Global Glyphosate Study” and “Chuck.” Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number EXHIBIT C Date Filed 1/23/2024 4:41 PM Superior Court - Norfolk Docket Number COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. SUPERIOR COURT CIVIL ACTION NO. MICHAEL WALDOW, Plaintiff, Vv. MONSANTO COMPANY, Defendant. [PROPOSED] ORDER FOR THE ISSUANCE OF SUBPOENAS DUCES TECUM IN COMMONWEALTH FOR PROCEEDING IN TRIBUNAL OUTSIDE COMMONWEALTH PURSUANT TO MASS. GEN. LAWS C. 223A, §11 AND C. 233, §45 Pursuant to Mass. Gen. Laws c. 223A, §11, this Court hereby orders that a subpoena may issue in the form attached as Exhibit B to the Application filed herewith in accordance with the procedure of Mass. R. Civ. P. 45 to compel the taking of a deposition and the production of documents of Dr. Philip Landrigan. It is hereby further ordered that any Notary Public of the Commonwealth of Massachusetts may issue the subpoenas. Associate Justice Dated: