UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

MDL No. 2:18-mn-2873-RMGs

This Document Relates to ALL CASES

PLAINTIFFS’ AMENDED NOTICE OF ORAL AND VIDEOTAPED DEPOSITION OF DEFENDANT DUPONT DE NEMOURS, INC.

REGARDING CORPORATE STRUCTURE AND AFFF LIABILITIES

Please take notice that, under Federal Rule of Civil Procedure 30, Plaintiffs will take the

oral and videotaped remote deposition of Defendant DuPont de Nemours, Inc. (“DuPont” or

“Defendant”) at 9:30am (EST) on June 23, 2020. The witness will be located in Wilmington,

Delaware. Counsel for witness will be located in Denver, Colorado. The court reporter will be

located in Philadelphia, Pennsylvania.

Defendant is directed to designate a person or persons to testify on its behalf on the matters

listed in Schedule A attached to this Notice of Deposition. Plaintiffs request that Defendant provide

the name(s) and title(s) of the person(s) it will designate to give testimony and summaries of the

areas in which each designated person will give testimony. Under Federal Rules of Civil Procedure

30(b)(2) and 34, Defendant is requested to produce the documents responsive to the requests listed

on Schedule B ten (10) days before the deposition is to take place. Exhibits for this deposition will

be marked digitally by video teleconferencing/teleconferencing and all original exhibits will be

maintained by the court reporter.

IN RE: AQUEOUS FILM-FORMING FOAMS (AFFF) PRODUCTS LIABILITY LITIGATION

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PLEASE TAKE FURTHER NOTICE, in order to participate in the remote

deposition, please contact Laura Rodia at scheduling@golkow.com at least three (3) calendar

days prior to the deposition to advise how you plan to attend the deposition either by (1)

video with speaking privileges (not muted); (2) video without speaking privileges (muted); or

(3) telephonically only without speaking privileges (muted). Further, failure to advise how

you plan to attend three (3) calendar days prior to the deposition could impact your ability to

attend because of the nature of remote deposition logistics, confidentiality, and security of the

remote deposition.

Counsel for all parties are invited to attend and participate.

Dated: June 18, 2020 s/ Michael A. London Michael A. London Douglas and London PC 59 Maiden Lane, 6th Floor New York, NY 10038 212-566-7500 212-566-7501 (fax) mlondon@douglasandlondon.com

Paul J. Napoli Napoli Shkolnik PLLC 360 Lexington Avenue, 11th Floor New York, NY 10017 212-397-1000 646-843-7603 (fax) pnapoli@napolilaw.com

Scott Summy Baron & Budd, P.C. 3102 Oak Lawn Avenue, Suite 1100 Dallas, TX 75219 214-521-3605 ssummy@baronbudd.com

Plaintiffs’ Co- Lead Counsel

-and-

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Fred Thompson III Motley Rice 28 Bridgeside Blvd. Mount Pleasant, SC 29464 843-216-9118 fthompson@motleyrice.com

Plaintiffs’ Liaison Counsel

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SCHEDULE A

Definitions

The following definitions apply to this Notice of Deposition and are deemed to be

incorporated into each subject listed below:

1. “AFFF” means aqueous film-forming foam.

2. “AFFF Products” means any product containing AFFF.

3. “Fluorosurfactant Products” means any surfactant product containing a

perfluoroalkyl group, including any PFAS, and including but not limited to the Forafac® and

Capstone® line of surfactant products

4. “Chemours” means The Chemours Company and any of its directors, officers,

agents (including attorneys, accountants, consultants, investment advisors or bankers), employees,

representatives and any other person purporting to act on its behalf. In the case of business entities,

this term includes present and former divisions, affiliates, subsidiaries, predecessor entities,

acquired entities, related entities, successors, assigns, or any other entity acting or purporting to

act on its behalf.

5. “Chemours FC” means The Chemours Company FC, LLC and any of its directors,

officers, agents (including attorneys, accountants, consultants, investment advisors or bankers),

employees, representatives and any other person purporting to act on its behalf. In the case of

business entities, this term includes present and former divisions, affiliates, subsidiaries,

predecessor entities, acquired entities, related entities, successors, assigns, or any other entity

acting or purporting to act on its behalf.

6. “Corteva” means Corteva, Inc., and any of its directors, officers, agents (including

attorneys, accountants, consultants, investment advisors or bankers), employees, representatives

and any other person purporting to act on its behalf. In the case of business entities, this term

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includes present and former divisions, affiliates, subsidiaries, predecessor entities, acquired

entities, related entities, successors, assigns, or any other entity acting or purporting to act on its

behalf.

7. “Dow” means Dow Inc. and any of its directors, officers, agents (including

attorneys, accountants, consultants, investment advisors or bankers), employees, representatives

and any other person purporting to act on its behalf. In the case of business entities, this term

includes present and former divisions, affiliates, subsidiaries, predecessor entities, acquired

entities, related entities, successors, assigns, or any other entity acting or purporting to act on its

behalf.

8. “DuPont” means DuPont de Nemours, Inc. f/k/a DowDuPont Inc. and any of its

directors, officers, agents (including attorneys, accountants, consultants, investment advisors or

bankers), employees, representatives and any other person purporting to act on its behalf. In the

case of business entities, this term includes present and former divisions, affiliates, subsidiaries,

predecessor entities, acquired entities, related entities, successors, assigns, or any other entity

acting or purporting to act on its behalf.

9. “EID” means E.I. du Pont de Nemours and Co. and any of its directors, officers,

agents (including attorneys, accountants, consultants, investment advisors or bankers), employees,

representatives and any other person purporting to act on its behalf. In the case of business entities,

this term includes present and former divisions, affiliates, subsidiaries, predecessor entities,

acquired entities, related entities, successors, assigns, or any other entity acting or purporting to

act on its behalf.

10. “Documents” as used in this Request is coextensive with the meaning of the terms

“documents” and “tangible things” in FRCP 34, and shall have the broadest possible meaning and

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interpretation ascribed to the terms “documents” and “tangible things” under FRCP 34. Consistent

with the above definition, the term document shall include, without limitation, any written, printed,

typed, photostatic, photographed, recorded, computer-generated, computer-stored, or otherwise

maintained or reproduced communication or representation, any data compilation in any form,

whether comprised of letters, words, numbers, pictures, sounds, bytes, e-mails, electronic signals

or impulses, electronic data, active files, deleted files, file fragments, or any combination thereof

including, without limitation, all memoranda, notes, records, letters, envelopes, telegrams,

messages, studies, analyses, contracts, agreements, projections, estimates, working papers,

accounts, analytical records, reports and/or summaries of investigations, opinions or reports of

consultants, opinions or reports of experts, opinions or reports of accountants, other reports, trade

letters, press releases, comparisons, books, diaries, articles, magazines, newspapers, booklets,

brochures, pamphlets, circulars, bulletins, notices, forecasts, drawings, diagrams, instructions,

minutes of meetings or communications of any type, including inter- and intra-office

communications, questionnaires, surveys, charts, graphs, photographs, phonographs, films, tapes,

discs, data cells, drums, printouts, all other compiled data which can be obtained (translated, if

necessary, through intermediary or other devices into usable forms), documents maintained on,

stored in or generated on any electronic transfer or storage system, any preliminary versions, drafts

or revisions of any of the foregoing, and other writings or documents of whatever description or

kind, whether produced or authorized by or on behalf of you or anyone else, and shall include all

non-identical copies and drafts of any of the foregoing now in the possession, custody or control

of you, or the former or present directors, officers, counsel, agents, employees, partners,

consultants, principals, and/or persons acting on your behalf.

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11. “Electronic data” or “data” means the original (or identical duplicate when the

original is not available), and any non-identical copies (whether non-identical because of notes

made on copies or attached comments, annotations, marks, transmission notations, or highlighting

of any kind) of writings of every kind and description whether inscribed by mechanical, facsimile,

electronic, magnetic, digital, or other means. Electronic data includes, by way of example only,

computer programs (whether private, commercial, or work-in-progress), programming notes or

instructions, activity listings of electronic mail receipts and/or transmittals, output resulting from

the use of any software program, including word processing documents, spreadsheets, database

files, charts, graphs and outlines, electronic mail, operating systems, source code of all types,

peripheral drivers, PIF files, batch files, ASCII files, and any and all miscellaneous files and/or

file fragments, regardless of the media on which they reside and regardless of whether said

electronic data consists in an active file, deleted file or file fragment. Electronic data includes any

and all items stored on computer memories, hard disks, floppy disks, CD-ROMs, DVD-ROMs,

removable media such as Zip disks, Jaz cartridges, Bernoulli Boxes and their equivalent, magnetic

tapes of all types, flash drives, flash memory cards, microfiche, punched cards, punched tape,

computer chips, including, but not limited to EPROM, PROM, RAM and ROM, on or in any other

vehicle for digital data storage and/or transmittal. The term electronic data also includes the file,

folder tabs and/or containers and labels appended to, or associated with, any physical storage

device associated with each original and/or copy.

12. “Electronic media” means any magnetic or other storage media device used to

record electronic data. Electronic media devices may include computer memories, hard disks,

floppy disks, CD-ROM, DVD-ROM, removable media such as Bernoulli Boxes and their

equivalent, magnetic tapes of all types, flash drives, flash memory cards, microfiche, punched

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cards, punched tape, computer chips, including, but not limited to EPROM, PROM, RAM and

ROM, or on or in any other vehicle for digital data storage and/or transmittal.

13. “Identify” or “identity” with respect to persons, means to give, to the extent known,

the person’s full name, present or last known address, and when referring to a natural person,

additionally, the present or last known place of employment.

14. “Person” means any individual, corporation (including any non-profit corporation),

general or limited partnership, limited liability company, joint venture, estate, trust, association,

organization, governmental authority or entity, or any other entity.

15. “PFAS” shall refer to any and all Per- and polyfluoroalkyl substances, including

but not limited to Perfluorooctane Sulfonate (“PFOS”), Perfluorooctanoic Acid (“PFOA”),

Perfluorohexanoic acid (“PFHxA”), and Perfluorohexanesulfonic acid (“PFHxS”).

16. “Relating to,” “relate to,” “referring to,” “refer to,” “reflecting,” “reflect,”

“concerning,” or “concern” shall mean evidencing, regarding, concerning, discussing, embodying,

describing, summarizing, containing, constituting, showing, mentioning, reflecting, pertaining to,

dealing with, relating to, referring to in any way or manner, or in any way logically or factually,

connecting with the matter described in that paragraph of these demands, including documents

attached to or used in the preparation of or concerning the preparation of the documents.

17. “Or” and “and” will be used interchangeably.

18. Unless otherwise indicated, the relevant time period for the information sought for

each request is from the date DuPont first conceived or began to research or develop AFFF, AFFF

Products, Fluorosurfactant Products, PFOS, PFOA, PFXxA, or PFHxS, whichever is earliest, to

the present.

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Topics

Pursuant to Federal Rule of Civil Procedure 30(b)(6), Defendant shall be prepared to testify

regarding the subjects listed below. These topics are specifically including and inquiring about

Defendant’s operations and interests in any businesses that received income, held assets, or could

be responsible for liabilities related to AFFF, AFFF Products, Flourosurfactant Products, or PFAS,

specifically including product development, analysis and testing (e.g., Haskell Laboratory),

manufacturing and industrial plant operations, sales, marketing, regulatory or government

relations functions (e.g., activities related to the Fire Fighting Foam Coalition). These topics are

not inquiring about the fraudulent transfer claims asserted against defendants and any allegations

regarding the size of the liabilities at issue, the estimated values of such liabilities, or the amount

of assets available to address such liabilities, which are reserved.

1. The corporate structure of DuPont in the relevant time period, including its date of incorporation, any relevant corporate name changes, and how it held its businesses, lines of business, product lines or services, subgroups, segments, units, departments, divisions and/or subsidiaries related to: (a) AFFF; (b) AFFF Products; (c) Fluorosurfactant Products; or (d) PFAS that was or could be contained in AFFF, AFFF Products and/or Flourosurfactant Products.

NOTE: If Defendant structured, restructured, merged, demerged, bought, sold, transferred, reorganized, realigned, spun off, divided, or changed the name of any entity (or incorporated or unincorporated business lines, divisions, or segments) with interests in AFFF, AFFF Products, Fluorosurfactant Products, or PFAS that was or could be contained in AFFF, AFFF Products and/or Flourosurfactant Products, including entities that were not wholly owned or controlled, this topic is specifically inquiring into those entities, their identity, ownership, structure, and related transactions, products, assets and liabilities.

2. In the relevant time period, the identity and relationship of DuPont’s direct and indirect

parent companies, subsidiaries, sister companies, affiliates, related parties, and joint ventures with any interest in AFFF, AFFF Products, Fluorosurfactant Products, or PFAS that was or could be contained in AFFF, AFFF Products and/or Flourosurfactant Products.

3. In the relevant time period, all changes in ownership and/or control of DuPont or any of its

businesses, lines of business, product lines or services, subgroups, segments, units, departments, divisions, affiliates, related parties, joint ventures, and/or subsidiaries that: (i) were engaged in any business related to AFFF or AFFF Products; (ii) were engaged in any business related to Fluorosurfactant Products; (iii) were engaged in any business related to

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PFAS that was or could be in AFFF, AFFF Products, or Fluorosurfactant Products; (iv) were engaged in scientific, safety/health, environmental or market research related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., Haskell Laboratory); or (v) were engaged in sales, marketing, regulatory or government relations functions related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., activities related to the Fire Fighting Foam Coalition).

4. In the relevant time period, all transactions related to DuPont’s sale, transfer, assignment,

spin-off, distribution, realignment, acquisition, divestment, assumption, reorganization, or assignment of assets, businesses, lines of business, entities, subgroups, segments, units, departments, divisions, and/or subsidiaries related to or engaged in the business of: (i) AFFF or AFFF Products; (ii) Fluorosurfactant Products; (iii) PFAS that was or could be in AFFF, AFFF Products, or Fluorosurfactant Products; (iv) scientific, safety/health, environmental or market research related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., Haskell Laboratory); or (v) sales, marketing, regulatory or government relations functions related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., activities related to the Fire Fighting Foam Coalition).

5. All agreements or transactions between or among EID, Chemours, Chemours FC, DuPont,

Corteva, and Dow, and any subsidiaries of any of them, related to the sale, transfer, assignment, spin-off, distribution, realignment, acquisition, divestment, assumption, reorganization, or assignment of assets, businesses, lines of business, entities, subgroups, segments, units, departments, divisions, and/or subsidiaries engaged in a business related to: (i) AFFF or AFFF Products; (ii) Fluorosurfactant Products; (iii) PFAS that was or could be in AFFF, AFFF Products, or Fluorosurfactant Products; (iv) scientific, safety/health, environmental or market research related to AFFF, Fluorosurfactant Products, or PFAS (e.g., Haskell Laboratory); or (v) sales, marketing, regulatory or government relations functions related to AFFF, AFFF Products, or Fluorosurfactant Products (e.g., activities related to the Fire Fighting Foam Coalition).

6. In the relevant time period, all agreements, transactions or arrangements assuming,

assigning, allocating, transferring, settling, resolving, insuring or indemnifying against, or otherwise related to any and all actual or potential costs or liabilities related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS between or among Defendant and all related entities (including direct or indirect parents, subsidiaries, sister companies, business units, departments, or divisions).

7. In the relevant time period, all agreements, transactions or arrangements assuming,

assigning, allocating, transferring, settling, resolving, insuring or indemnifying against, or otherwise related to any and all actual or potential costs or liabilities related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS entered between or among EID, Chemours, Chemours FC, DuPont, Corteva, and/or Dow, or any direct or indirect subsidiaries of any of them.

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SCHEDULE B

REQUESTS FOR PRODUCTION

1. Corporate organizational chart(s) of DuPont and related entities showing the corporate structure of DuPont and any of its direct and indirect parent companies, subsidiaries, sister companies, affiliates, related parties, and joint ventures with any interest in AFFF, AFFF Products, Fluorosurfactant Products, or PFAS that was or could be contained in AFFF, AFFF Products and/or Flourosurfactant Products, including any changes to any such corporate structure as a result of any sale, transfer, assignment, spin-off, distribution, realignment, acquisition, divestment, assumption, reorganization, or assignment of assets, businesses, lines of business, entities, subgroups, segments, units, departments, divisions, and/or subsidiaries.

2. All agreements, contracts and/or Documents embodying the terms of any written or oral

agreements (together with all amendments, exhibits, attachments, schedules, and documents directly related thereto) related to changes in ownership and/or control of DuPont or any units, departments, divisions, segment, and/or subsidiaries of DuPont that: (i) were engaged in any business related to AFFF or AFFF Products; (ii) were engaged in any business related to Fluorosurfactant Products; (iii) were engaged in any business related to PFAS; (iv) were engaged in scientific, safety/health, environmental or market research related to AFFF, AFFF Products, Fluorosurfactant Products or PFAS (e.g., Haskell Laboratory); or (v) were engaged in sales, marketing, regulatory or government relations functions related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., activities related to the Fire Fighting Foam Coalition).

3. All agreements, contracts and/or Documents embodying the terms of any written or oral

agreements (together with all amendments, exhibits, attachments, schedules, and documents directly related thereto) or transactions related to DuPont’s sale, transfer, assignment, spin-off, distribution, realignment, acquisition, divestment, assumption, reorganization, or assignment of assets, business units, departments, divisions, segments, or subsidiaries that, during the relevant time period: (i) were engaged in any business related to AFFF or AFFF Products; (ii) were in any business related to Fluorosurfactant Products; (iii) were in any business related to PFAS; (iv) were engaged in scientific, safety/health, environmental or market research related to AFFF, Fluorosurfactant Products or PFAS (e.g., Haskell Laboratory); or (v) were engaged in sales, marketing, regulatory or government relations functions related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., activities related to the Fire Fighting Foam Coalition).

4. All agreements, contracts and/or Documents embodying the terms of any written or oral

agreements (together with all amendments, exhibits, attachments, schedules, and documents directly related thereto) related to the assumption, allocation, transfer, settlement, resolution, subrogation, insuring or indemnification against of any liabilities or losses related to AFFF, Fluorosurfactant Products, or PFAS between or among DuPont and any/all related entities (including direct or indirect parents, subsidiaries, sister companies,

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affiliates, related parties joint ventures, business units, departments, segments, or divisions).

5. All agreements, contracts and/or Documents embodying the terms of any written or oral

agreements (together with all amendments, exhibits, attachments, schedules, and documents directly related thereto) between or among EID, Chemours, Chemours FC, DuPont, Corteva, and/or Dow, or any direct or indirect subsidiaries of any of them, related to the sale, transfer, assignment, spin-off, distribution, realignment, acquisition, divestment, assumption, reorganization, or assignment of assets, businesses, lines of business, entities, subgroups, segments, units, departments, divisions, and/or subsidiaries engaged in a business related to: (i) AFFF or AFFF Products; (ii) Fluorosurfactant Products, (iii) PFAS; (iv) scientific, safety/health, environmental or market research related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., Haskell Laboratory); or (v) sales, marketing, regulatory or government relations functions related to AFFF, AFFF Products, Fluorosurfactant Products, or PFAS (e.g., activities related to the Fire Fighting Foam Coalition).

NOTE: In addition to any other such transactions or Documents, this request specifically calls for all transaction Documents, conveyance instruments, and schedules of liabilities or loss contingencies related to AFFF, AFFF Products, Fluourosurfactant Products or PFAS, and any amendments to any of the foregoing, in connection with the following transactions:

A. The creation of Chemours as a wholly-owned subsidiary of EID (including the predecessor entity, Performance Operations, LLC, and its change of name and conversion into a corporation).

B.. Any internal reorganization, allocation, assignment, assumption, conveyance, realignment, or transfer of tangible and intangible assets (including intellectual property), liabilities, loss contingencies, contracts, employees, benefit plans, securities, licenses, permits, business divisions, business lines, product lines or services, subgroups, segments, units, departments, divisions and/or subsidiaries that resulted in EID’s “Performance Chemicals” segment being held by Chemours, as a subsidiary of EID, or otherwise in preparation for or in connection with the 2015 spin-off of Chemours by EID.

C. The June 26, 2015 Separation Agreement between EID and Chemours, as amended August 24, 2017 (the “Chemours Separation Agreement”) and any potential further amendments, and the transfer, assignment or assumption of any assets or liabilities pursuant to, or in connection with, the Chemours Separation Agreement, including the 2015 spin-off of Chemours from EID.

D. The December 11, 2015 Agreement and Plan of Merger (the “Merger Agreement”) between EID and The Dow Chemical Company (“TDCC”), and all transactions related to AFFF, AFFF Products, Fluourosurfactant Products or PFAS conducted in order to effectuate or otherwise related to the merger involving EID and TDCC that was completed in 2017.

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E. Between 2017 and 2019, any internal reorganization, allocation, assignment, assumption, realignment, conveyance, or transfer of tangible and intangible assets (including intellectual property), liabilities, contracts, employees, benefit plans, securities, licenses, permits, business divisions, business lines, product lines or services, subgroups, segments, units, departments, divisions and/or subsidiaries related to AFFF, AFFF Products, Fluourosurfactant Products or PFAS between or among EID, DowDuPont, Dow, TDCC or Corteva.

F. The April 1, 2019 Separation and Distribution Agreement by and among Corteva, Inc., Dow Inc. and DowDuPont Inc. (the “DuPont Separation Agreement”), and any allocation, assignment, assumption, realignment, conveyance, or transfer of any asset or liability related to AFFF, AFFF Products, Fluourosurfactant Products or PFAS pursuant to, or in connection with the DuPont Separation Agreement.

G. The assumption, indemnification, or allocation of any “Stray Liabilities” and any “PFAS Stray Liabilities,” by, to, between or among EID, Corteva, Dow, and DuPont pursuant to the DuPont Separation Agreement and the Letter Agreement, as described on pages 3, and 36-40 of DuPont’s 10 Q for the period ending September 30, 2019, or any other liability relating to or arising from Chemours, the Chemours Separation Agreement or the 2015 Chemours spin-off, AFFF, AFFF Products, Fluourosurfactant Products or PFAS.

H. The 2019 spin-off and separation of Dow from DuPont, and any assets or liabilities related to AFFF, AFFF Products, Fluourosurfactant Products or PFAS in connection therewith.

I. The 2019 spin-off and separation of Corteva from DuPont, and any assets or liabilities related to AFFF, AFFF Products, Fluourosurfactant Products or PFAS (specifically including the stock of EID).

CERTIFICATE OF SERVICE

I hereby certify that on June 18, 2020, a true and correct copy of the foregoing Plaintiffs’

Amended Notice of Remote Deposition of Defendant DuPont de Nemours, Inc. for Corporate

Structure and AFFF Liabilities was served via electronic mail upon the following:

Joseph G. Petrosinelli Williams & Connolly LLP jpetrosinelli@wc.com

Michael A. Olsen Mayer Brown LLP molsen@mayerbrown.com

Co-lead Counsel for Defendants

Brian Duffy Duffy & Young LLC bduffy@duffyandyoung.com

David E. Dukes Nelson Mullins Riley & Scarborough LLP david.dukes@nelsonmullins.com

Co-liaison Counsel for Defendants

Katherine L.I. Hacker Bartlit Beck LLP kat.hacker@bartlitbeck.com

Counsel for E. I. du Pont de Nemours and Company, DowDuPont Inc., DuPont de Nemours, Inc., and Corteva, Inc

/s/ Michael A. London Michael A. London Douglas and London PC 59 Maiden Lane, 6th Floor New York, NY 10038 212-566-7500 212-566-7501 (fax) mlondon@douglasandlondon.com

Plaintiffs’ Co- Lead Counsel