Free Notice to Take Deposition - District Court of Delaware - Delaware

Case 1:88-cv—00263-SLR Document 360-2 Filed 07/18/2007 Page 1 014

Case 1:88-cv—00263-SLR Document 360-2 Filed 07/18/2007 Page 2 of 4
SCHEDULE A
DEFINITIONS
l. "Any" means "each and every" as well as "any one."
2. "Circumstances" means the factual conditions, details, parts and attributes, with
respect to the time and place of a particular communication or event that
accompanies and explains the communication or event, the nature of the
communication or event and the substance of the communication or event.
3. "Communication" means all written or oral communications, including but not
limited to communications by telephone, in—person meetings, communications by
electronic mail, spoken or written statements in any form, memoranda, notations,
letters, notices, or any documents reflecting any form of communication, whether
or not you were a participant or had personal knowledge thereof.
4. "Court" refers to the United States District Court for the District of Delaware.
5. "Order" refers to the Stipulated Order endorsed by the Court on February 23,
2000.
6. "Plaintiff" means plaintiff in this lawsuit, namely, Natural Resources Defense
Council and all their parents, subsidiaries, divisions, affiliates and affiliated
partnerships, present and former partners, officers, directors, agents, shareholders,
counsel, contractors and subcontractors, including but not limited to experts or
other individuals retained by NRDC for purposes of this litigation, and all other
persons acting or purporting to act on NRDC’s behalf
7. "Study" means the study entitled "A Baseline Study for Assessing the Potential
Aquatic Ecological Effects from Motiva Enterprises LLC Delaware City Refinery

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Effluent Using the Sediment Triad Approach," December 2003, by Lenwood W.
Hall, Jr., and Dennis T. Burton, as well as all data collected, analyses conducted
and conclusions drawn from it, all drafts of all or any portion of the study, and all
documents prepared in furtherance of or related to the study, including but not
limited to the scopes of work, reviews of scopes of work, and correspondence
relating to the implementation of the scopes of work or study.
The deponent should be prepared to provide testimony on the following issues:
DESIGNATED ISSUES
l. All communications between Dr. Jay Means and Plaintiff on or after the date of
the Order, including but not limited to communications related to the Study or
performance of the Study, and communications related to or referencing Texaco
or Motiva Enterprises LLC in any way. The deponent shall identify and provide
all information regarding the communication, including but not limited to who
was involved in the communication(s), the date and time of the
communication(s), the form of the communication(s), the location of the
communicants at the time of the communication(s), and the substance of the
communication(s).
2. The circumstances surrounding any specific communications, and the reasons for
such communications, between Dr. Jay Means and Plaintiff occurring on or after
the date of the Order, including but not limited to communications occurring in or
about March of 2005, December of 2005 and February of 2006.
3. All communications between Dr. Jay Means and Plaintiff regarding any specific
aspects of the Study, including but not limited to: a) long core sampling;
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b) statistical analysis; c) PAH chemistry and fingerprinting analysis of chemical
constituents; d) bivalve bioavailability studies; e) benthic community
assessments; f) sediment trap studies; and g) fate and transport studies. If so, who
was involved in the communication(s), when the communication(s) occurred, the
circumstances surrounding the communication(s) and the substance of such
communication(s).
4. Any communications or other statements issued or made available to any person
or entity, other than you, referring or relating to the Order, the Study or this
litigation, including but not limited to press statements or releases, and
fundraising or other solicitations.
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