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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
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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
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EXHIBIT A
Date Filed 1/23/2024 4:41 PM
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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
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EXHIBIT B
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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.
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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
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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.
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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.
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(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”).
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(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.
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(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.
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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.
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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
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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/.
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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.”
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24. All DOCUMENTS or COMMUNICATIONS containing the terms “Global Glyphosate
Study” and “Chuck.”
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EXHIBIT C
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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: