IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`AJIT KUMAR and LALBA RANI, husband and wife,
`Plaintiffs,
`VS.
`
`ARCLIGHT CAPITAL PARTNERS, LLC,
`et al.
`
`Defendants.
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 21-015568
`
`PATRICIA A. WARHOLIC, Executrix of the Estate
`of GEORGE R. WARHOLIC, SR., Deceased, and
`PATRICIA A. WARHOLIC, in her own right,
`Plaintiff,
`
`VS.
`
`A.O. SMITH CORPORATION, in its own right; et
`al.,
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 20-004462
`
`PLAINTIFFS’ MOTION TO
`COMPEL DEFENDANT, THE
`PENNSYLVANIA STATE
`UNIVERSITY, TO PRODUCE
`EMPLOYEE, MICHAEL
`BURKE, FOR DEPOSITION
`
`COUNSEL OF RECORD FOR
`PLAINTIFFS
`
`Michael P. Robb, Esquire
`PA ID No.: 85201
`
`BAILEY GLASSER, LLP
`180 Swinderman Road
`Suite #100
`
`Wexford, PA 15090
`
`Tel.: 412.430-0391
`Fax: 304.342.1110
`E-Mail: mrobb@baileyglasser.com
`
`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`AJIT KUMAR and LALBA RANI, husband and wife, | CIVIL DIVISION - ASBESTOS
`
`Plaintiffs,
`NO. G.D. 21-015568
`
`VS.
`
`ARCLIGHT CAPITAL PARTNERS, LLC,
`et al.
`
`Defendants.
`
`PATRICIA A. WARHOLIC, Executrix of the Estate CIVIL DIVISION - ASBESTOS
`of GEORGE R. WARHOLIC, SR., Deceased, and
`PATRICIA A. WARHOLIC, in her own right,
`
`NO. G.D. 20-004462
`Plaintiff,
`
`VS.
`
`A.O. SMITH CORPORATION, in its own right; et
`
`al.,
`
`NOTICE OF PRESENTATION
`PLEASE TAKE NOTICE that the following Plaintiffs’ Motion to Compel Defendant,
`
`The Pennsylvania State University to Produce Employee Michael Burke for Deposition will be
`presented to the Honorable Judge Daniel D. Regan, 704 City-County Building, 414 Grant Street,
`Pittsburgh, PA 15219 on June 21, 2020 at 9:30 a.m.or as soon after the call of the list as meets
`the convenience of the court.
`
`Respecttully Submitted,
`
`Michael P. Rofib, Esqu-{re
`
`
`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`AJIT KUMAR and LALBA RANI, husband and wife,
`Plaintiffs,
`VS.
`
`ARCLIGHT CAPITAL PARTNERS, LLC,
`et al.
`
`Defendants.
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 21-015568
`
`PATRICIA A. WARHOLIC, Executrix of the Estate
`of GEORGE R. WARHOLIC, SR., Deceased, and
`PATRICIA A. WARHOLIC, in her own right,
`
`Plaintiff,
`VS.
`
`A.O. SMITH CORPORATION, in its own right; et
`al.,
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 20-004462
`
`PLAINTIFFS’ MOTION TO COMPEL DEFENDANT, THE PENNSYLVANIA STATE
`UNIVERSITY, TO PRODUCE EMPLOYEE, MICHAEL BURKE, FOR DEPOSITION
`
`AND NOW, comes the above-captioned Plaintiffs, by and through her attorneys, Michael
`
`P. Robb, Esquire and Bailey Glasser, LLP and files the following Plaintiffs’ Motion to Compel
`
`Defendant, The Pennsylvania State University to Produce Employee Michael Burke for
`
`Deposition.
`
`1. Plaintiffs Dr. Ajit Kumar, PhD. and Lalba Rani, his wife, filed a Complaint in
`
`Civil Action against defendant, the Pennsylvania State University, on 12/30/2021 alleging that
`
`
`
`
`
`
`
`
`Dr. Ajit Kumar, PhD. was diagnosed with mesothelioma caused by exposures to asbestos he
`
`sustained as a student and employee of Pennsylvania State University.
`
`2. Plaintiff Patricia A. Warholic, in her own right and as the Executrix of the Estate
`of George R. Warholic, Sr., deceased, filed a Writ of Summons (3/24/2020) and a subsequent
`Complaint in Civil Action (11/9/2021) against defendant, The Pennsylvania State University
`alleging George R. Warholic, Sr., contracted and died from mesothelioma caused by exposures to
`
`asbestos he sustained as a student at the Pennsylvania State University.
`
`Be Mr. Michael Burke, an employee of defendant, The Pennsylvania State University
`(hereinafter “Penn State™), is an industrial hygiene specialist and works directly with and is a part
`
`of the Environmental Health & Safety (EHS) department at Penn State.
`
`4. Mr. Burke has extensive knowledge about Penn State University’s asbestos
`
`contaminated buildings including those that are at direct issue in the case at bar.
`
`A On April 13, 2022, Plaintiffs’ counsel requested to conduct Mr. Burke’s
`deposition. Follow-up correspondence again requesting Mr. Burke’s deposition was sent to
`counsel for Penn State University on April 28, 2022. On May 13, 2022, counsel for Penn State
`
`University advised that they do not intend to produce Mr. Burke for a deposition.
`
`See Exhibit A.
`
`6. Mr. Burke’s deposition is vital to the Plaintiffs’ case because Mr. Burke has
`extensive knowledge about the EHS department, PSU’s asbestos control program; and asbestos
`contaminated buildings on its campuses. So much so that counsel for defendant in the Labosky
`case (GD 16-001086) stated in open Court that Plaintiffs may depose Mr. Burke. See excerpt
`
`from oral arguments from Plaintiff’s Motion to Compel More Specific Answers to Discovery
`
`
`
`
`
`
`
`
`Requests attached as Exhibit B which were argued before the Honorable Judge Patrick
`
`Connelly. :
`
`10
`11
`12
`
`14
`15
`16
`
`Furthermore, Mr. Robb can take the
`depositions. We have answered over a hundred
`interrogatories, eight or nine requests for
`admissions, we have produced twenty thousand
`documents and we have listed the people that he
`can depose, including Mr. Burke, who he
`referred to, to explore the answers to these
`questions and show the documents and cuestion
`him about our answers. There is no other
`
`answer we can give to these questions.
`
`See Exhibit B Transcript at page 29 — Labosky v. Penn State University
`
`Penn State University’s failure to produce Mr. Burke for a deposition is improper
`
`and extremely prejudicial to Plaintiffs’ particularly in light of their previous representations that
`
`Mr. Burke should be deposed in another mesothelioma case but now his testimony is somehow
`
`irrelevant and a waste of time.
`
`
`
`
`
`
`
`
`WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an Order of
`
`Court compelling defendant, The Pennsylvania State University, to produce Mr. Michael Burke
`
`for a deposition within 20 days.
`
`Respectfully Submitted,
`BAILEY GLASSER, LLP
`
`2 el
`
`Michael P. Robb, Esquire
`
`
`
`
`
`
`
`
`
`Michael P. Robb
`
`From: Michael P. Robb
`
`Sent: Wednesday, April 13, 2022 1:47 PM
`
`To: ‘Chiappetta, Tim'
`
`Cc: Travis A. Prince
`
`Subject: Warholic - Deposition of OPP's Michael Burke
`
`Hi Tim. Thanks for taking my call this afternoon. You advised that you do not have any objection to the pro hac vice we
`filed in the Warholic case for Travis Prince. Thank you for your cooperation. As | mentioned, we will be filing an
`identical pro hac vice for Travis Prince in the Kumar case soon.
`
`Also duringour call | explained that we want to depose Michael Burke (OPP). | prefer to do this in person in State
`College, PA as opposed to Zoom etc. Please provide dates that we can take Mr. Burke’s depasition. Thank you.
`
`Mike Robb
`
`EXHIBIT
`
`gt
`
`
`
`
`
`
`
`
`
`=
`
`ichael P. Robb
`
`===
`From: Chiappetta, Tirn <tchiappetta@dmclaw.com>
`Sent: Wednesday, April 13, 2022 2:19 PM
`To: Michael P. Robb
`Cc: Travis A. Prince; Polley, Richard; Waldinger, Ashley
`Subject: RE: Warholic - Depaosition of OPP's Michael Burke [DMC-MAIN.FID2813861]
`Follow Up Flag: Fiag for follow up
`Flag Status: Flagged
`
`CAUTION: External Email
`
`Mike -
`
`Thank you for the email. | will inform my client of your request to take Mr. Burke's deposition, your request to inspect
`certain buildings in the Kumar and Warholic cases, your request for school records of Mr. Warholic, and your request for
`school and employment records for Drs. Kumar and Rani. | do not anticipate | will receive my client’s position on those
`requests until after the approaching Easter/Passover holiday weekend.
`
`Thank you and have a great holiday weekend!
`
`Best,
`Tim
`
`Timothy J. Chiappetta, Esquire
`Shareholder
`
`412-392-5309 Office
`
`888-811-7144 Fax
`tchiappetta@dmclaw.com | Bio/vCard
`
`ATRORNEYS AT EAW
`
`NOTICE: You have received an e-mail from tchiappetta@dmclaw.com. The e-mail message and al! attachments transmitted with it
`are intended solely for the use of the intended recipient and may contain legally privileged and confidential information. If you are
`not the intended recipient, or an employee or agent responsibie for delivering the message to the intended recipient, you are
`hereby notified that any dissemination, distribution, copying, or other use of the message or its attachments is strictly prohibited. If
`you have received a message in error, please notify the sender immediately by replying to the message and delete the message from
`your computer.
`
`From: Michael P. Robb <MRobb@baileyglasser.com>
`Sent: Wednesday, April 13, 2022 1:47 PM
`
`To: Chiappetta, Tim <tchiappetta@dmclaw.com>
`
`Cc: Travis A. Prince <tprince@baileyglasser.com>
`Subject: Warholic - Deposition of OPP's Michael Burke
`
`his Message Originated From Qutside DMC
`
`
`
`
`
`
`
`
`Hi Tim. Thanks for taking my call this afternoon. You advised that you do not have any objection to the pro hac vice we
`filed in the Warholic case for Travis Prince. Thank you for your cooperation. As | mentioned, we will be filing an
`identical pro hac vice for Travis Prince in the Kumar case soon.
`
`Also during our call | explained that we want to depose Michael Burke (OPP). | prefer to do this in person in State
`College, PA as opposed to Zoom etc. Please provide dates that we can take Mr. Burke’s deposition. Thank you.
`Mike Robb
`
`Michael P. Robb
`
`Partner
`
`Bailey & Glasser, LLP
`
`91 Clover Lane
`Gibsonia PA 15044
`1:412-430-0391
`F:304-342-1110
`
`www.baileygiasser.com
`
`This message and any attached documents contain information from the law firm of Bailey & Glasser LLP that
`may be confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute,
`or use this information. 1f you have received this transmission in error, please notify the sender immediately by
`reply e-mail then delete this message.
`
`
`
`
`
`
`
`
`»
`
`Michael P. Robb
`
`————
`From: Michael P. Robb
`Sent: Thursday, April 28, 2022 9:24 AM
`To: ‘Chiappetta, Tim'
`Cc: Travis A. Prince
`Subject: FW: Warholic - Deposition of OPP's Michael Burke [DMC-MAIN.FID2813861]
`
`Hi Tim. Any update on our requests below? Thanks.
`Mike
`
`From: Chiappetta, Tim <tchiappetta@dmclaw.com>
`
`Sent: Wednesday, April 13,2022 2:19 PM
`
`To: Michael P. Robb <MRobb@baileyglasser.com>
`
`Cc: Travis A. Prince <tprince@baileyglasser.com>; Polley, Richard <RPolley@dmclaw.com>; Waldinger, Ashley
`<awaldinger@dmclaw.com>
`
`Subject: RE: Warholic - Deposition of OPP's Michael Burke [DMC-MAIN.FID2813861]
`
`| CAUTION: External Email
`
`Mike —
`
`Thank you for the email. | will inform my client of your request to take Mr. Burke’s deposition, your request to inspect
`certain buildings in the Kumar and Warholic cases, your request for school records of Mr. Warholic, and your request for
`school and employment records for Drs. Kumar and Rani. | do not anticipate | will receive my client’s position on those
`requests until after the approaching Easter/Passover holiday weekend.
`
`Thank you and have a great holiday weekend!
`
`Best,
`Tim
`
`Timothy J. Chiappetta, Esquire
`Shareholder
`
`412-392-5309 Office
`
`888-811-7144 Fax
`tchiappetta@dmclaw.com | Bio/vCard
`
`ATTORNEYS AT LAw
`
`NOTICE: You have received an e-mail from tchiappetta@dmclaw.com. The e-mail message and all attachments transmitted with it
`are intended solely for the use of the intended recipient and may contain legally privileged and confidential information. If you are
`not the intended recipient, or an employee or agent responsible for delivering the message to the intended recipient, you are
`hereby notified that any dissemination, distribution, copying, or other use of the message or its attachments is strictly prohibited. If
`you have received a message in error, please notify the sender immediately by replying to the message and delete the message from
`your computer.
`
`
`
`
`
`
`
`
`
`Frd‘m: Michael P. Robb <MRobbh@baileyglasser.com>
`Sent: Wednesday, April 13, 2022 1:47 PM
`
`To: Chiappetta, Tim <tchiappetta@dmclaw.com>
`
`Cc: Travis A. Prince <tprince@baileyglasser.com>
`Subject: Warholic - Deposition of OPP's Michael Burke
`
`Hi Tim. Thanks for taking my call this afternoon. You advised that you do not have any objection to the pro hac vice we
`filed in the Warholic case for Travis Prince. Thank you for your cooperation. As | mentioned, we will be filing an
`identical pro hac vice for Travis Prince in the Kumar case soon.
`
`Also during our call | explained that we want to depose Michael Burke (OPP). | prefer to do this in person in State
`College, PA as opposed to Zoom etc. Please provide dates that we can take Mr. Burke’s deposition. Thank you.
`Mike Robb
`
`iMichae! P. Robb
`Pariner
`
`Bailey & Glasser, LLP
`
`91 Clover Lane
`
`Gibsonia PA 15044
`
`T: 412-430-03591
`F:304-342-1110
`mrobb®@baileyglasser.com
`
`www.baileyglasser.com
`
`This message and any attached documents contain information from the law firm of Bailey & Glasser LLP that may be
`confidential and/or privileged. If you are not the intended recipient, you may not read, copy, distribute, or use this
`information. If you have received this transmission in error, please notify the sender immediately by reply e-mail then
`delete this message.
`
`
`
`
`
`
`
`
`" Michael P. Robb
`
`EEmasersoy L ) EEELCESER 7 T M N SR e T e e
`
`From: Chiappetta, Tim <tchiappetta@dmciaw.com>
`
`Sent: Friday, May 13, 2022 9:15 AM
`
`To: Michael P. Robb; Travis A. Prince
`
`Cc: Polley, Richard; Waldinger, Ashley
`
`Subject: FW: Warholic - GD 20-004462 [DMC-MAIN.FID2375609]
`Follow Up Flag: Flag for follow up
`
`Flag Status: Flagged
`
`CAUTION: External Email
`
`Mike -
`
`In response to your discovery requests in the Warholic matter, Penn State will process your request for Mr.
`Warholic’s school records and produce them when they are avaiiable.
`
`With respect to the requested site inspection, Penn State obkjects to the inspection of the buildings identified
`below for several reasons. This matter was filed in 2020 and has never been trial listed. No depositions have been
`taken, and there has heen no corroboration of the allegations made in Plaintiff’'s complaint. Specifically, as to Penn
`State, there has been no indication that Mr. Warholic spent any time in any of the buildings identified
`below. Furthermore, based on the allegations to date, Mr. Warholic was last at the Altoona campus as a student 56
`years ago, and last on the State College campus as a student 53 year ago. In that span of time, the buildings identified
`below have been rencvated and remodeled an different occasions. Consequently, a generalized inspection of those
`premises without any evidence of record to support Plaintiff's contention that he was in those buildings is overbroad,
`vague, burdensome, requests irrelevant or immaterial infarmation, is a waste of time and resources, and does not lead
`to the discovery of admissible evidence in this matter.
`
`Finally, with respect to the requésted deposition of Michael Burke, Penn State objects to that deposition. As
`noted above, Mr. Warholic was purgortedly last on a Penn State campus as a student, over 50 years ago. He was last a
`student at Penn State 20 years before Mr. Burke started as an employee of Penn State. He has no knowledge of events
`that occurred at Penn State 20 to 30 years before he began his employment there. As such, Mr. Burke’s deposition is
`overbroad, burdensome, requests irrelevant or immaterial information, is a waste of time and resources, and does not
`lead to the discovery of admissible evidence in this matter.
`
`Please let us know if you have any guestions or would like to discuss this matter in greater detail. Thank you.
`
`Best,
`Tim
`
`Timothy J. Chiappetta, Esquire
`Shareholder
`
`412-392-5309 Office
`
`888-811-7144 Fax
`tchiappetta@dmclaw.com | Bio/vCard
`
`Y
`
`
`
`
`
`
`
`
`IN THE QOURT OF COMMON PIEAS OF ALIFGHENY COUNIY,
`
`PENNSYIVANTA
`MARYANN T. TABOSKY, CIVIL DIVISION
`Executrix of the Estate
`of PETER IARCSKY, JR., @ No. 16-001086
`deceased and MARYANN T.
`TABOSKY, in her cwn Motion to Carpel
`right,
`Plaintiff, REPCRTED BY:
`Janet M. Barto
`Vs. Official Court Reporter
`THE PENNSYIVANTA STATE DATE: Feoruary 13, 2020
`UNIVERSITY,
`BFFORE:
`Defendant. Hon. Patrick M. Corelly
`
`APPEARANCES:
`
`For the Plaintiff:
`Michael P. Rddo, Esqg.
`
`For the Defendant:
`Richard C. Polley, Esq
`
`Ashley D. Waldinger, Esq.
`
`EXHIBIT
`
`JANET M. BARTO ] [ 1]
`OFFICIAL COURT REPORTER B
`
`
`
`
`
`
`
`
`
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`
`10
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`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`Thursday Afternoon,
`February 13, 2020.
`
`THE COURT: All right. This is the
`Labosky matter. I think it's Jjust a motion to
`compel or why don't you — this is your motion,
`right?
`
`MR. ROBB: That's correct, Your Honor.
`
`THE. COURT: Why don't you get started.
`
`MR. ROBB: Your Honor, Michael Robb on
`behalf of the plaintiff. If it's okay, Your
`Honor, I would like to argue from the table
`here if that's fine.
`
`THE COURT: It's fine.
`
`MR. ROBB: Your Honor, this case involves
`Dr. Peter Labosky, he was a professor of wood
`sciences at Pennsylvania State University. He
`worked at the main campus at University Park in
`State College, Pennsylvania from 1979 until
`2002. He was diagnosed with mesothelicma and
`passed away from mesothelioma. As you know,
`Your Honor, mesocothelicma is only caused by
`exposure to asbestos.
`
`This case, Your Honof, is unique in the
`
`fact that it's the first time to my knowledge
`
`JANET M. BARTO
`OFFICIAL COURT REPORTER
`
`
`
`
`
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`19
`20
`21
`22
`23
`24
`25
`
`and our firm's knowledge that Penn State has
`ever been sued for a claim in negligence for an
`employee that contracted mesothelioma. The
`reason why it's a negligence case, Your Honor,
`and not a worker's comp claim is because of the
`Tooey decision in November of 2013. After the
`Supreme Court in Pennsylvania ruled on the
`Tooey or brought down the Tooey decision people
`who were diagnosed with asbestos linked
`diseases such as mesothelioma were allowed to
`go back after their empldyer and file a common
`law claim based in negligence -against their
`employer and that's where we are today.
`
`Prior to the — my case, the Labosky case,
`I don't believe Penn State has ever been sued
`in a negligence based case for an employee for
`something of this matter or this nature.
`That's why the discovery that I have propounded
`upon the defendant, Penn State University, is
`so important to‘our case because we are going
`back 45 some years when — from when Penn State
`started testing asbestos in 1975 all the way
`till today. So a lot has occurred there, and
`in order for me fo figure it out on behalf of
`
`my client we need to conduct discovery.
`
`JANET M. BARTO
`OFFICIAL COURT REPORTER
`
`
`
`
`
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`
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`
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`23
`24
`25
`
`So, Your Honor, I filed these motions to
`compel both more specific answers to
`interrogatories as well as more specific
`answers to requests for admissions. I'm
`willing to waive or withdraw the motion to
`compel the request for admissions that I filed
`because Penn State has provided some answers
`which — and documents which I think satisfy
`those. So we can set aside the request for
`motion to compel their request for admissions.
`However, I do want to move forward with the
`motion to compel more specific answers to our
`request for answers to interrogatories and
`request for production of documents.
`
`THE COURT: All right, so I can put the
`request for admissions to the side. All right.
`
`MR. ROBB: Thank you, Your Honor.
`
`So, Your Honor, I have done my best to try
`and condense this as much as possible and I
`want to thank you for your’time here so to
`provide us more time to argue these motions and
`I appreciate your accommodations, Your Honor.
`
`This case involves essentially three
`buildings at the Pennsylvania State University
`
`up in State College; the Forest Resources lab,
`
`JANET M. BARTO
`OFFICIAL COURT REPORTER
`
`
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`
`to locate and discover and count asbestos
`containing samples and testing; 1976.
`Documents we have also show in '65 they are
`holding industrial hygiene type classes
`discussing asbestos and control methods. And
`there is many more prior to that, Judge. It's
`not my job to do all the digging and remind
`them of what they know. They know this is a
`massive university'with thousands of employees,
`widespread reach throughout this entire world.
`But for them to not give a truthful answer to
`these questions is in bad faith and it's
`deliberately wasting my time when they know
`that they are limiting their answer to when Dr.
`Labosky started.
`
`MR. POLLEY: Your Honor, Richard Polley
`for Penn State University. I think it's
`important to realize that we have produced over
`twenty thousand documents, and these documents
`that Mr. Robb is referring to with the
`exception of something maybe he looked up on
`the internet are documents that we produced.
`And in producing the documents we did not limit
`the time frame. He is trying to mix things up
`
`and get the court confused. There are
`
`JANET M. BARTO
`OFFICIAL COURT REPCORTER
`
`27
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`
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`
`interrogatories that deal with certain time
`frames but as far as dealing with the asbestos
`control program and our knowledge about
`asbestos and dealing with asbestos, we have
`turned over and continue to look for further
`documents to turn over ébfihim. So these
`documents that he has cameffiom us and Penn
`State is not hiding anything from anybody on
`this topic. i,
`
`Now as far as when we knew about these
`hazards of asbestos, we operate through our
`Environmental Health and Safety Department.
`Howard Trebold was the head of that department
`back in the relevant time periods. His name 1is
`on a lot of these documents. Mr. Trebold is
`deceased so the answer to their question is we
`do not know the exact date to answer your
`interrogatory.
`
`However, we do know by 1979 we knew about
`the hazards and as a result we put our asbestos
`control program in place. There is no doubt
`that Mr. Robb can point to other documents and
`say well, this seems to indicate that perhaps
`they knew before then, but that's for them to
`
`put on at the time of trial. It's not for me
`
`JANET M. BARTO
`OFFICIAL COURT REPCRTER
`
`28
`
`
`
`
`
`
`
`
`o bW N
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`29
`
`to have to say oh, it's this one particular
`date when we don't know the answer, we don't
`have someone to ask the question to. So, we
`believe that we have answered the question, Mr.
`Rokb just doesn't like the answer we have
`given.
`
`Furthermore, Mr. Robb can take the
`depositions. We have answered over a hundred
`interrogatories, eight or nine requests for
`admissions, we have produced twenty thousand
`documents and we have listed the pecple that he
`can depose, including Mr. Burke, who he
`referred to, to explore the answers to these
`questions and show the documents and question
`him about our answers. There is no other
`answer we can give to these questions.
`
`So and if you look as we go from group to
`group to group it's the same issue time and
`time again, he doesn't like our answer that we
`have provided and he is saying well, we have to
`give a different answer.
`
`THE COURT: Iet me stop. So on these
`first few answers when you say by 1979 PSU had
`developed an asbestos control program, did they
`
`develop the program in 1979 or is 1979
`
`JANET M. BARTO
`OFFICIAL COURT REPORTER
`
`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`AJIT KUMAR and LALBA RANI, husband and wife,
`Plaintiffs,
`VS.
`
`ARCLIGHT CAPITAL PARTNERS, LLC,
`et al.
`
`Defendants.
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 21-015568
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`PATRICIA A. WARHOLIC, Executrix of the Estate
`of GEORGE R. WARHOLIC, SR., Deceased, and
`PATRICIA A. WARHOLIC, in her own right,
`Plaintiff,
`
`VS.
`
`A.O. SMITH CORPORATION, in its own right; et
`al.,
`
`CIVIL DIVISION - ASBESTOS
`
`NO. G.D. 20-004462
`
`ORDER OF COURT
`
`AND NOW, to wit this day of
`
`Plaintiffs’ Motion to Compel Defendant, The Pennsylvania State University, to Produce
`Employee, Michael Burke for Deposition, it is hereby ORDERED, ADJUDGED and DECREED
`
`that said Motion is GRANTED in all respects. Defendant, The Pennsylvania State University
`
`shall produce Michael Burke for deposition within 20 days of the date of this Order.
`
`BY THE COURT:
`
`, 2022, upon consideration of
`
`
`
`
`
`
`
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY,
`PENNSYLVANIA
`
`AJIT KUMAR and LALBA RANI, husband and wife, CIVIL DIVISION - ASBESTOS
`Plaintiffs,
`NO. G.D. 21-015568
`
`VS.
`
`ARCLIGHT CAPITAL PARTNERS, LLC,
`et al.
`
`Defendants. |
`
`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`PATRICIA A. WARHOLIC, Executrix of the Estate of CIVIL DIVISION - ASBESTOS
`GEORGE R. WARHOLIC, SR., Deceased, and
`PATRICIA A. WARHOLIC, in her own right,
`
`NO. G.D. 20-004462
`Plaintiff,
`
`VS.
`
`A.O. SMITH CORPORATION, in its own right; et al.,
`
`ORDER OF COURT
`
`AND NOW, to wit this day of , 2022, upon consideration of
`
`Plaintiffs> Motion to Compel Defendant, The Pennsylvania State University, to Produce
`Employee, Michael Burke for Deposition, it is hereby ORDERED, ADJUDGED and DECREED
`that said Motion is GRANTED in all respects. Defendant, The Pennsylvania State University
`
`shall produce Michael Burke for deposition within 20 days of the date of this Order.
`
`BY THE COURT:
`
`
`
`
`
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Michael P. Robb, Esquire do hereby certify that a true and correct photocopy of the
`within Plaintiffs’ Motion to Compel Defendant, The Pennsylvania State University, to Produce
`
`Employee, Michael Burke for Deposition was served on all known counsel of record by email
`
`this the 31%t day of May, 2022. = ) 7
`///D¥ W
`
`Michael P. Robb, Esquire
`
`Counsel for Plaintiffs
`
`
`
`
`
`
`
`
`