FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`FILED: SUFFOLK COUNTY CLERK 091E2019 03:11 P I
`NYSCEF DOC. NO. 136
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`INDEX NO- 615515/2017
`RECEIVED NYSCEF: 09/12/2019
`RECEIVED NYSCEF: 09/12/2019
`
`EXHIBIT M
`
`EXHIBIT M
`
`
`
`
`
`FILED: SUFFOLK COUNTY CLERK 091E2019 03:11 P I
`NYSCEF DOC. NO. 136
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`INDEX NO- 615515/2017
`RECEIVED NYSCEF: 09/12/2019
`RECEIVED NYSCEF: 09/12/2019
`
`EXHIBIT M
`
`EXHIBIT M
`
`
`
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`
`RECEIVED NYSCEF: 09/12/2019
`
`FILED: SUFFOLK COUNTY CLERK 091-32019 03:11 P
`NYSCEF DOC. NO. 136
`
`INDEX NO- 615515/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 09/12/2019
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`JENNIE CISCO, as Executrix for the Estate of
`
`INDEX N0. 61551512017
`
`ROBERT L. CISCO, and JENNIE CISCO,
`Individually,
`
`AFFIDAVIT OF CLINT OSTEEN
`
`IN SUPPORT OF MOTION FOR
`
`SUMMARY JUDGMENT 0F J.R.
`CLARKSON COMPANY, SUCCESSOR
`BY MERGER TO IMI CASH VALVE, INC.
`(FIKIA AW CASH VALVE
`MANUFACTURING CORPORATION)
`
`-against-
`
`Plaintiffs,
`
`AMCHEM PRODUCTS, INC, n/k/a RHONE
`POULENC AG COMPANY, et aI.,
`
`Defendants.
`
`STATE OF ALABAMA
`
`COUNTY OF CULLMAN
`
`'85:
`
`Clint Osteen, of legal age, deposes and says:
`
`1.
`
`I am currently employed by Reliance Worldwide Corporation as the Director of
`
`Quality and Continuous Improvement.
`
`2.
`
`Reliance Worldwide Corporation has been my employer since 2014, or for
`
`approximately 5 years.
`
`3.
`
`Prior to my current employment, I was employed in the U.S. valves and controls
`
`business platform under the Pentair corporate umbrella as a Project Manager — OEM Business
`
`Development, between 2012 and 2014, or for approximately 2 years.
`
`4.
`
`Prior to Pentair, I was employed in the U.S. valves and controls business platform
`
`under the Tyco corporate umbrella as a Design Engineer and Project Manager - OEM Business
`
`Development, between 1998 and 2012, or for approximately 14 years.
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`
`RECEIVED NYSCEF: 09/12/2019
`
`FILED: SUFFOLK COUNTY CLERK 091-32019 03:11 P
`3F DOC. NO. 136
`
`INDEX NO- 615515/2017
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`09/12/2019
`
`
`
`5.
`
`6.
`
`Prior to Tyco, IMI Cash Valve, Inc. employed me as a Design Engineer.
`
`I began as a Design Engineer with IMI Cash Valve, Inc. in 1998 and it was my
`
`first position out of college.
`
`7.
`
`I am an engineer by training, having received a Bachelor’s of Mechanical
`
`Engineering from Auburn University.
`
`8.
`
`During my working career for IMI Cash Valve, Inc., Tyco, Pentair, and Reliance
`
`Worldwide Corporation, I arm/was responsible for existing engineering design specifications for
`
`industrial and cryogenic valve equipment,
`
`including on occasion Cash Acme potable water
`
`plumbing products.
`
`9.
`
`The A.W. Cash Valve Manufacturing Corp. (“Cash Valve”) was incorporated in
`
`the State of Illinois in 1923, and trademarked the brand “Cash Acme” in 1960.
`
`10.
`
`In 1991, IMI, Plc. purchased Cash Valve, and in 1996, it changed the name to IMI
`
`Cash Valve, Inc.
`
`11.
`
`In 2001, Tyco purchased IMI Cash Valve, Inc., and merged it
`
`into the LR.
`
`Clarkson Company (of Nevada).
`
`12.
`
`In 2002, Tyco sold the Cash Acme line of residential, light commercial and
`
`potable water products to Reliance Worldwide Corporation, including its manufacturing facility
`
`and corporate offices in Cullman, AL.
`
`13.
`
`In 2012, Pentair, Inc. acquired the J .R. Clarkson Company from Tyco, including
`
`its valve product business, which had previously manufactured products as the Cash Valve
`
`Manufacturing Corp. and IMI Cash Valve, Inc.).
`
`14.
`
`On Aril 28, 2017, Emerson Electric. Co. purchased the flow control business from
`
`Pentair, including the J .R. Clarkson Company.
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`
`RECEIVED NYSCEF: 09/12/2019
`
`FILED: SUFFOLK COUNTY CLERK 091-32019 03:11 P
`3F DOC. NO. 136
`
`INDEX NO- “5515/2017
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`09/12/2019
`
`
`
`15.
`
`I have access to the “Cash Acme" historical engineering files, drawings, and other
`
`product-related documents dating back to the 1920’s, located at our corporate offices in Cullman,
`
`16.
`
`I am familiar with and have access to documents related to products sold under
`
`the “Cash Acme” brand, including pressure reducing valves, back pressure regulating valves,
`
`temperature and pressure (“T&P”) relief valves for water heaters, automated equipment for
`
`production of T&P relief valves for water heaters, automated equipment for production of 'l‘&P
`
`relief valves, pressure only relief valves for cold and hot water service, pressure control valves
`
`for liquid systems, such as liquid oxygen and liquid nitrogen, and pressure control valves for air
`
`compressor systems.
`
`17.
`
`I have also consulted with current and former employees of the aforementioned
`
`entities that make up the corporate history surrounding the trade name of "Cash Acme" about
`
`products manufactured and developed under the trade name of “Cash Acme.”
`
`18.
`
`Therefore, I am familiar with the products formerly manufactured by The A.W.
`
`Cash Valve Manufacturing Corporation under the trade name of “Cash Acme,” including those
`
`during the time of Plaintiffs’ allegation.
`
`19.
`
`It is my understanding from reviewing discovery in this action, that Mr. Cisco
`
`alleges exposure to asbestos via his work with gate and globe valves and steam regulators
`
`manufactured under the trade name of “Cash Acme.”
`
`20.
`
`Based on Mr. Cisco’s description of the products at issue, it is my belief that Cash
`
`Valve never manufactured or distributed the alleged Cash Acme products described by Mr.
`
`Cisco.
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`
`RECEIVED NYSCEF: 09/12/2019
`
`FILED: SUFFOLK COUNTY CLERK 091-32019 03:11 P
`NYSC3F DOC. NO. 136
`
`INDEX NO- 615515/2017
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`09/12/2019
`
`
`
`21.
`
`Mr. Cisco testified that between 1972 and 1980, during his career as a plumber
`
`while employed at Southside Hospital in Bayshore, New York, he worked with Cash Acme gate
`
`valves, globe valves, and steam regulators / steam regulating valves.
`
`22.
`
`Mr. Cisco alleges that his work with these Cash Acme products exposed him to
`
`asbestos via flange gaskets and packing he associated with the alleged Cash Acme gate and
`
`globe valves and via an internal gasket that he associated with Cash Acme steam regulators.
`
`23.
`
`Mr. Cisco testified that the alleged Cash Acme gate and globe valves were:
`
`Connected to pipes either 8, 6, 4, or 2 inches in diameter;
`
`20 inches in height;
`
`“Rising stem valves”;
`
`Manually operated by a “wheel";
`
`Flanged; and
`
`Contained packing.
`
`24.
`
`However, “Cash Acme" valves manufactured by Cash Valve during the relevant
`
`period were:
`
`Never gate valves;
`
`Never globe valves;
`
`(a
`they did not have stems
`required packing because
`Never
`characteristic of gate and globe valves, which again, were never made
`under the trade name of Cash Acme); and
`
`Never operated manually by a “wheel."
`
`25.
`
`As to the alleged Cash Acme steam regulators, Mr. Cisco testified that they were:
`
`Cast-iron;
`
`Grey, black, bare metal with no paint; and
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`
`RECEIVED NYSCEF: 09/12/2019
`
`FILED: SUFFOLK COUNTY CLERK 091-32019 03:11 P
`3F DOC. NO. 136
`
`INDEX NO- 615515/2017
`
`
`
`
`
`RfiCfiIVfiD VYSCEF:
`09/12/2019
`
`
`
`-
`
`10 to 12 inches in size.
`
`26.
`
`Mr. Cisco also testified that to perform his work with internal gaskets on the
`
`alleged Cash Acme steam regulatorsa he had to “reach down into the valve.”
`
`27.
`
`Cash Acme steam regulators were never manufactured to 10 to 12 inches in size,
`
`and were never sized to serve more than 4 inches in pipe diameter, a size that an adult male, such
`
`as Mr. Cisco, certainly could not reach into with his hand.
`
`28.
`
`In order to prevent oxidation and rust, any cast-iron equipment, such as Cash
`
`Acme steam regulators manufactured by Cash Valve, were always painted orange. Cash Valve
`
`never left its cast-iron products unpainted, or in its bare metal form.
`
`29.
`
`Moreover, during the course of Mr. Cisco’s testimony, he also refers to the
`
`alleged Cash Acme products as just “Cash."
`
`30.
`
`Cash Valve and the tradename of “Cash Acme” may be confused with another
`
`company known as “A.W. Cash Co.”
`
`31.
`
`Despite the similarity in names, “A. W. Cash Co.” is an entity that is completely
`
`unrelated to Cash Valve.
`
`32.
`
`Upon information and belief, and based on publicly available information, “A.W.
`
`Cash Co.” operates as “Cashco” - http://www.cashco.com.
`
`33.
`
`Cash Valve never labeled “Cash Acme" equipment as solely “Cash” and never
`
`manufactured or distributed the alleged Cash Acme products described by Mr. Cisco during the
`
`period of his work.
`
`
`
`FILED: SUFFOLK COUNTY CLERK 09/12/2019 03:11 PM
`NYSCEF DOC. NO. 136
`
`INDEX NO. 615515/2017
`
`RECEIVED NYSCEF: 09/12/2019
`
`FILED: SUFFOLK COUNTY CLERK 091-32019 03:11 P
`NYSCEF DOC. NO. 136
`
`INDEX NO- 615515/2017
`
`
`
`
`
`R«C«IV«D VYSCEF: 09/12/2019
`
`
`
`Clint Osteen
`
`Sworn to before me and subscribed before me this
`
`q-ik
`
`day of September, 2019.
`
`fimm
`
`Not y Pub}
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
