Page 1
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`UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`GREEN MOUNTAIN GLASS, LLC
`and CULCHROME, LLC,
`
`Plaintiffs,
`
` vs.
`
`Case No. 14-cv-392-GMS
`
`SAINT-GOBAIN CONTAINERS, INC.,
`dba VERALLIA NORTH AMERICA,
`Defendant.
`_____________________________
`
` VIDEOTAPED DEPOSITION OF SCOTT M. WEGMAN
`Perrysburg, Ohio
`Tuesday, July 26, 2016
`
`Reported by:
`Paula S. Raskin, CSR-4757
`Job No: 110768
`
`TSG Reporting - Worldwide (877) 702-9580
`
`O-I Glass, Inc.
`Exhibit 1073
`O-I Glass v. Culchrome
`IPR2020-01068
`
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`Ex. 1073-001
`
`
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF DELAWARE
`
`GREEN MOUNTAIN GLASS, LLC
`and CULCHROME, LLC,
`
`Plaintiffs,
`
` vs.
`
`Case No. 14-cv-392-GMS
`
`SAINT-GOBAIN CONTAINERS, INC.,
`dba VERALLIA NORTH AMERICA,
`Defendant.
`_____________________________
`
` VIDEOTAPED DEPOSITION OF SCOTT M. WEGMAN
`Perrysburg, Ohio
`Tuesday, July 26, 2016
`
`Reported by:
`Paula S. Raskin, CSR-4757
`Job No: 110768
`
`TSG Reporting - Worldwide (877) 702-9580
`
`O-I Glass, Inc.
`Exhibit 1073
`O-I Glass v. Culchrome
`IPR2020-01068
`
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`Ex. 1073-001
`
`
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`Page 2
`
` Tuesday, July 26, 2016
` 6:45 a.m.
`
` Videotaped Deposition of SCOTT M.
` WEGMAN, held at the offices of Owens
` Brockway Glass Container, Inc., 1 Michael
` Owens Way, Perrysburg, Ohio, before Paula
` Raskin, CSR-4757, and Notary Public.
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`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-002
`
`
`
`Page 3
`
`A P P E A R A N C E S:
`
` SUSMAN GODFREY
` Attorneys for Plaintiffs
` 1301 Avenue of the Americas
` New York, New York 10019
` BY: STEVEN SHEPARD, ESQ. (Via Phone)
`
`
`
` DLA PIPER
` Attorneys for Defendant
` 203 North LaSalle Street
` Chicago, Illinois 60601
` BY: STEVE REYNOLDS, ESQ.
`
`
`
` ///
`
`TSG Reporting - Worldwide (877) 702-9580
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`Ex. 1073-003
`
`
`
`Page 4
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`A P P E A R A N C E S: (Cont.)
`
` ROBISON CURPHEY & O'CONNELL
` Attorney for Witness
` Four Seagate
` Toledo, Ohio 43604
` BY: JAMES BRAZEAU, ESQ.
`
`
`
`ALSO PRESENT:
` Alan Lockwood, Video Technician
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`TSG Reporting - Worldwide (877) 702-9580
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`Ex. 1073-004
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` SCOTT M. WEGMAN
` (DEPOSITION EXHIBIT 1 MARKED FOR
` IDENTIFICATION BY THE REPORTER.)
` VIDEO TECHNICIAN: This is the start 06:45
` of tape labeled Number 1 of the videotaped 06:46
` deposition of Scott Wegman in the matter 06:46
` Green Mountain Glass, LLC, and Culchrome, 06:46
` LLC, versus Saint-Gobain Containers, 06:46
` Incorporated d/b/a Verallia North America 06:46
` in the United States District Court of 06:46
` Delaware, Case 1:14-cv-00392-GMS. 06:46
` This deposition is being held at 06:46
` Owens Brockway Glass Container in 06:46
` Perrysburg, Ohio, on July 26th, 2016 at 06:46
` approximately 6:45 a.m. 06:47
` My name is Alan Lockwood. I'm the 06:47
` legal video specialist from TSG Reporting, 06:47
` headquartered at 747 Third Avenue, New 06:47
` York, New York. The court reporter is 06:47
` Paula Raskin in association with TSG 06:47
` Reporting. 06:47
` Will counsel please introduce 06:47
` yourselves. 06:47
` MR. REYNOLDS: Steven Reynolds of the 06:47
` firm DLA Piper on behalf of Defendant 06:47
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-005
`
`
`
`Page 6
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` SCOTT M. WEGMAN
` Saint-Gobain Containers, Inc., which now 06:47
` does business as Ardagh Glass, Inc. 06:47
` MR. SHEPARD: Steven Shepard of the 06:47
` law firm Susman Godfrey, participating by 06:47
` telephone for the plaintiffs. 06:47
` MR. BRAZEAU: Jim Brazeau, attorney 06:47
` for Owens Brockway. 06:47
` VIDEO TECHNICIAN: Will the court 06:47
` reporter please swear in the witness. 06:47
`
` SCOTT M. WEGMAN,
` called as a witness, having been duly sworn
` by a Notary Public, was examined and
` testified as follows:
` MR. REYNOLDS: Good morning, 06:47
` Mr. Wegman. 06:47
` THE WITNESS: Good morning. 06:47
` MR. REYNOLDS: Would you please state 06:47
` your full name for the record. 06:47
` THE WITNESS: Scott Matthew Wegman. 06:48
` MR. REYNOLDS: And in which city do 06:48
` you reside? 06:48
` THE WITNESS: I actually live in 06:48
` Waterville, Ohio. 06:48
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-006
`
`
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`Page 7
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` SCOTT M. WEGMAN
` MR. REYNOLDS: Have you ever been 06:48
` deposed before? 06:48
` THE WITNESS: No, I have not. 06:48
` MR. REYNOLDS: Before we get started, 06:48
` I'll go over just some brief instructions 06:48
` on how the process goes. 06:48
` To start off with, the primary record 06:48
` is being kept by the court reporter. It's 06:48
` important that you give me verbal answers 06:48
` as much as possible so that she can take 06:48
` them down. Does that make sense? 06:48
` THE WITNESS: Yes. 06:48
` MR. REYNOLDS: You and I will have to 06:48
` try to not talk over each other because 06:48
` it's very difficult for her to record two 06:48
` people at once. Does that make sense? 06:48
` THE WITNESS: Yes. 06:48
` MR. REYNOLDS: Either your counsel or 06:48
` counsel for plaintiffs on the phone might 06:48
` object to some of my questions. If they 06:48
` do, continue to answer my question. The 06:48
` only exception is if your counsel instructs 06:48
` you not to answer for reasons of privilege. 06:48
` Does that make sense? 06:48
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-007
`
`
`
`Page 8
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` SCOTT M. WEGMAN
` THE WITNESS: Yes. 06:48
` MR. REYNOLDS: If any of my questions 06:48
` are confusing in any way, please let me 06:48
` know and I'll try to state it in a more 06:49
` concise and clear way. Does that make 06:49
` sense? 06:49
` THE WITNESS: Yes. 06:49
` MR. REYNOLDS: Is there any reason 06:49
` you can think of why you can't provide 06:49
` full, accurate and truthful testimony this 06:49
` morning? 06:49
` THE WITNESS: No. 06:49
` EXAMINATION 06:49
`BY MR. REYNOLDS: 06:49
` Q. With whom are you employed, 06:49
`Mr. Wegman? 06:49
` A. Owens Illinois. 06:49
` Q. What is your title? 06:49
` A. I'm the director of global 06:49
`manufacturing. 06:49
` Q. How long have you held that title? 06:49
` A. Just over two years. It was two 06:49
`years in June. 06:49
` Q. How long have you been employed at 06:49
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-008
`
`
`
`Page 9
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` SCOTT M. WEGMAN
`Owens Illinois? 06:49
` A. Almost 20 years. 06:49
` Q. Could you briefly describe what your 06:49
`responsibilities are here. 06:49
` A. Currently I work in the global group. 06:49
`I have disciplines that support manufacturing 06:49
`around the world, so glass science, furnace 06:49
`operations for hearth forming and mold repair. 06:49
` Q. Are you familiar with the 06:49
`recordkeeping process at Owens Illinois as it 06:49
`relates to glass manufacturing? 06:50
` A. Most of it, yes. 06:50
` Q. Owens Illinois manufactures glass 06:50
`containers, right? 06:50
` A. Yes. 06:50
` Q. Is it a regularly conducted business 06:50
`activity of Owens Illinois to manufacture glass 06:50
`containers? 06:50
` A. Yes, it is. 06:50
` Q. Does Owens Illinois keep records in 06:50
`the course of that activity? 06:50
` A. Yes. 06:50
` Q. Do those records include batch 06:50
`composition sheets? 06:50
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-009
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`Page 10
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` SCOTT M. WEGMAN
` A. Yes. 06:50
` Q. Please take a look at what the court 06:50
`reporter has marked Wegman Deposition Exhibit 1. 06:50
`It bears Bates numbers -- that's a term 06:50
`attorneys use and to keep track of documents, so 06:50
`the Bates numbers have been added by attorneys. 06:50
`Those are 0-I1 to 0-I39. 06:50
` A. Oh, okay. 06:50
` Q. I'll also represent to you that the 06:50
`attorneys have added the watermark "Confidential 06:50
`Subject to Protective Order." 06:50
` A. Uh-huh. 06:51
` Q. Is Exhibit 1 an example of batch 06:51
`composition spreadsheets? 06:51
` A. Yes. 06:51
` Q. Are batch composition spread- -- 06:51
`sorry -- batch composition sheets at Owens 06:51
`Illinois made by someone with knowledge of the 06:51
`composition of glass products made and sold by 06:51
`Owens Illinois? 06:51
` A. Yes. 06:51
` Q. Are they made at or near the time 06:51
`that batch compositions are determined? 06:51
` A. Yes. 06:51
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-010
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`Page 11
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` SCOTT M. WEGMAN
` Q. And are these records, the batch 06:51
`composition sheets such as those shown in Wegman 06:51
`Deposition Exhibit 1, kept in the ordinary 06:51
`course of business at Owens Illinois? 06:51
` A. Yes. 06:51
` MR. REYNOLDS: Okay. I'll pass the 06:51
` witness. 06:51
` Are you there, Steven? 06:51
` EXAMINATION 06:51
`BY MR. SHEPARD: 06:51
` Q. Mr. Wegman, good morning. This is 06:52
`Steven Shepard. Can you hear me now? 06:52
` A. Yes. 06:52
` Q. Good. Because we're doing this by 06:52
`telephone, sir, it's very possible that I may 06:52
`not understand your answer or you may not 06:52
`understand my question. 06:52
` If you don't understand, please ask 06:52
`me and I will repeat it and speak more slowly if 06:52
`necessary. Can we agree to that, sir? 06:52
` A. Yes. 06:52
` Q. Mr. Wegman, in this case, Owens 06:52
`Illinois has only produced the documents in 06:52
`front of you that are Exhibit 1, numbered 1 06:52
`
`TSG Reporting - Worldwide (877) 702-9580
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`Ex. 1073-011
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`Page 12
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` SCOTT M. WEGMAN
`through 39. 06:52
` My first question is, are there other 06:52
`documents describing where these pages have been 06:52
`kept in the years since they were created? 06:52
` A. I don't know that. I mean OI has 06:52
`their recordkeeping policy, so as part of that, 06:53
`it would show where they're kept. 06:53
` Q. I see. So Owens Illinois has a 06:53
`written recordkeeping policy, sir? 06:53
` A. Yes. 06:53
` MR. SHEPARD: We request -- and this 06:53
` is for Mr. Brazeau as much as for you, sir. 06:53
` We request that Owens Illinois 06:53
` produce that policy, and we'll follow up 06:53
` with you after the deposition about that, 06:53
` sir. 06:53
` Q. Are there -- aside from that written 06:53
`policy, are there any other documents related to 06:53
`why these sheets were kept and where they had 06:53
`been kept in the years since they were created? 06:53
` A. Not to my knowledge. 06:53
` Q. Sir, you testified that you've been 06:53
`employed for almost 20 years by Owens Illinois? 06:54
` A. Yes. 06:54
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-012
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`Page 13
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` SCOTT M. WEGMAN
` Q. Is it true that you joined Owens 06:54
`Illinois in 2004? 06:54
` A. No. I actually started in 1988 06:54
`through 1996, and then I left Owens Illinois for 06:54
`approximately eight years, and then came back in 06:54
`2004 till present. 06:54
` Q. I see. So you first joined in 1996, 06:54
`and you were then employed until what year? 06:54
` A. No. I started in 1988 and worked 06:54
`until 1996. I left Owens Illinois, and then 06:54
`came back in 2004 until present. 06:54
` Q. During any of that time, sir, were 06:54
`you responsible for retaining records at Owens 06:54
`Illinois? Was that ever part of your job? 06:55
` A. For these specific records? 06:55
` Q. Yes, sir. 06:55
` A. No. 06:55
` Q. Before this deposition, what specific 06:55
`steps did you take to learn what Owens Illinois' 06:55
`practices were in retaining records like this 06:55
`one? 06:55
` A. Nothing. 06:55
` Q. Did you talk -- and this is just a 06:55
`yes or no question, sir. 06:55
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-013
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`Page 14
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` SCOTT M. WEGMAN
` Did you talk with your lawyer, 06:55
`Mr. Brazeau, about this deposition? 06:55
` A. Yes. 06:55
` Q. Okay. Aside from your lawyer, did 06:55
`you talk with anybody else about this 06:55
`deposition? 06:55
` A. No. 06:55
` Q. When you were employed by Owens 06:56
`Illinois between 1988 and 1996, were you 06:56
`personally responsible for creating batch 06:56
`compositions? 06:56
` A. No. 06:56
` Q. When was the first time you saw these 06:56
`pieces of paper that have been marked as Exhibit 06:56
`Number 1? 06:56
` A. I can't say they were the exact ones 06:56
`because it didn't have this "Confidential 06:56
`Subject to Protective Order," but it was 06:56
`Thursday of last week when I was asked to 06:56
`provide this deposition. 06:56
` Q. Aside from speaking with your lawyer, 06:56
`sir, did you talk with anyone else at Owens 06:57
`Illinois about these pieces of paper? 06:57
` A. No, I did not. 06:57
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-014
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`Page 15
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` SCOTT M. WEGMAN
` Q. Who created these batch composition 06:57
`sheets? 06:57
` A. Specifically a name? 06:57
` Q. Yes, sir. 06:57
` A. I do not know that. 06:57
` Q. Were these batch composition sheets 06:57
`created before or after the batch was melted? 06:57
` A. Before. 06:57
` Q. What is your basis for that 06:57
`statement? 06:58
` A. Just when we -- I guess just from my 06:58
`experience, when we need a new formula for one 06:58
`of our furnaces, one of the glass scientists 06:58
`would create the formula and then send that to 06:58
`the plants, and then we would enter that into 06:58
`our batch system at the plant, which makes the 06:58
`recipe then for the furnace. 06:58
` Q. Do you know whether these formulas 06:58
`were actually sent to a furnace -- excuse me -- 06:58
`sent to a plant? 06:58
` A. I do not know that. I'm assuming 06:58
`yes, but I do not know that. 06:58
` Q. Did you talk to anyone to verify that 06:58
`assumption? 06:58
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-015
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`Page 16
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` SCOTT M. WEGMAN
` A. No, I did not. 06:58
` Q. Do you know whether it was a regular 06:59
`practice in 1989 through 1991 to print out the 06:59
`batch composition formulas? 06:59
` A. Yes, it was. 06:59
` Q. How do you know that? 06:59
` A. I've seen some of the files over the 06:59
`years with the batch recipes in for each of the 06:59
`plants. 06:59
` Q. How does Owens Illinois choose which 06:59
`of the printouts it will save? 07:00
` A. I don't know that. I -- it should be 07:00
`part of the record retention policy, but I'm not 07:00
`familiar with that specific one. 07:00
` Q. Do you know whether there are other 07:00
`batch compositions from this time period that 07:00
`were retained by Owens Illinois, but that were 07:00
`not produced? 07:00
` MR. REYNOLDS: Objection; form. 07:00
` A. Excuse me. 07:00
` Q. Mr. Wegman, let me rephrase that. 07:00
` We have an Exhibit 1, 39 pieces of 07:00
`paper. Do you know whether these 39 pieces of 07:00
`paper are the only batch compositions from Owens 07:00
`
`TSG Reporting - Worldwide (877) 702-9580
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`Ex. 1073-016
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`Page 17
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` SCOTT M. WEGMAN
`Illinois from the time period 1989 to 1991? 07:01
` A. I do not know that for certain. 07:01
` Q. It's possible then that there are 07:01
`other batch compositions, and for some reason 07:01
`only these 39 pages were produced by the lawyers 07:01
`for use in this case -- 07:01
` MR. REYNOLDS: Objection; form and 07:01
` foundation. 07:01
` Q. -- right? That's possible? 07:01
` A. It is possible, yes. 07:01
` Q. And if that happened, if there were 07:01
`more pages but only these were produced, it's -- 07:01
`let me start over. 07:01
` If that happened, if there were more 07:01
`papers but only these pages were produced, 07:01
`you're not able to tell us why these pages and 07:01
`not other pages were the ones chosen to be 07:01
`produced. Is -- 07:01
` MR. REYNOLDS: Objection; form and 07:01
` foun- -- 07:01
` Q. -- that right? 07:01
` MR. REYNOLDS: Objection; form, 07:01
` foundation. 07:02
` A. No. 07:02
`
`TSG Reporting - Worldwide (877) 702-9580
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`Ex. 1073-017
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`Page 18
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` Q. No, you're not able to tell us, 07:02
`right? 07:02
` A. I'm not able to tell you, yes. 07:02
` MR. REYNOLDS: Same objection. 07:02
` Q. Sir, between 1988 and 1996, were you 07:02
`personally responsible for creating batch 07:02
`compositions? 07:02
` A. No, I was not. 07:02
` Q. What was your job title at that time? 07:02
` A. I had two different jobs. When I 07:02
`started in 1988, I installed the glass forming 07:02
`machines around the world. And then in 1990, I 07:02
`moved to our Atlanta glass plant and was the 07:02
`assistant plant engineer until 1996. 07:03
` Q. So -- let me rephrase. 07:03
` Do you know where at Owens Illinois 07:03
`the pages in Exhibit 1 were stored? 07:03
` A. No, I do not. 07:03
` Q. If you pick up Exhibit Number 1, 07:03
`sir -- do you have Exhibit Number 1 in front of 07:04
`you, Mr. Wegman? 07:04
` A. Yes. 07:04
` Q. You're not testifying today about 07:04
`what any of the abbreviations mean that we see 07:04
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-018
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`
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`Page 19
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` SCOTT M. WEGMAN
`in these batch compositions, right? 07:04
` A. Yes, that is correct. 07:04
` Q. Okay. So nothing in your testimony 07:04
`tells us, for example, what the composition is 07:04
`of any cullet that Owens Illinois may have used 07:04
`in creating these batch compositions. Is that 07:04
`right? 07:04
` MR. REYNOLDS: Objection; form, 07:04
` outside the scope. 07:04
` Q. And, sir, I'm just clarifying what 07:04
`this deposition is not about. Okay? That's the 07:04
`objection that Mr. Reynolds has just made. 07:04
` I just want the record to be clear, 07:04
`you're not here to testify about the composition 07:05
`of any of the cullets that Owens Illinois may 07:05
`have used that's mentioned in any of these batch 07:05
`compositions -- 07:05
` A. That is correct. 07:05
` Q. -- is that correct? 07:05
` A. That is correct, yes. 07:05
` MR. REYNOLDS: Same objections; 07:05
` foundation. 07:05
` Q. Mr. Wegman, have you ever read the 07:05
`Owens Illinois records retention policy? 07:05
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-019
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`
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`Page 20
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` SCOTT M. WEGMAN
` A. Yes, I have. 07:05
` Q. When did you read that? 07:05
` A. Actually, a few times. Probably the 07:06
`last time was earlier this year. 07:06
` Q. Did you review it as part of your 07:06
`preparation for this deposition? 07:06
` A. No, I did not. 07:06
` Q. And you're not able to tell us today 07:06
`how that policy applies specifically to the 07:06
`documents in Exhibit 1? 07:06
` A. No, I am not. 07:06
` Q. Mr. Wegman, as you see in Exhibit 1, 07:06
`there's writing diagonally across the middle of 07:06
`the exhibit. It says "Confidential Subject to 07:06
`Protective Order." 07:06
` Is it correct that Owens Illinois 07:06
`expects that these documents will be kept 07:06
`confidential in this case? 07:06
` MR. REYNOLDS: Objection; form, 07:06
` foundation. 07:06
` MR. BRAZEAU: Steve, this is Jim 07:06
` Brazeau. I also must object. This witness 07:06
` is here to authenticate the record. He's 07:07
` not here to express any opinion about what 07:07
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-020
`
`
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`Page 21
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` SCOTT M. WEGMAN
` Owens' intent is in providing these 07:07
` documents in response to a subpoena. 07:07
` Q. Well, sir, I don't want to get into 07:07
`Owens Illinois' intent in responding to the 07:07
`subpoena. I agree that's outside the scope. 07:07
`I'm focused on the documents themselves and the 07:07
`expectation that they be kept confidential. 07:07
` And this is how they were produced, 07:07
`so I just want a simple yes, that the 07:07
`expectation is that they're kept confidential. 07:07
` MR. REYNOLDS: Same objections. 07:07
` A. I can't answer that. 07:07
` Q. Mr. Wegman, does Owens Illinois treat 07:07
`its batch formulas as confidential business 07:07
`information? 07:07
` A. Yes. 07:07
` MR. REYNOLDS: Same objections. 07:07
` Q. Was that true in 1989 through 1991? 07:07
` MR. REYNOLDS: Same objections. 07:08
` A. I'm sorry. Could you repeat the 07:08
`question? 07:08
` Q. Sure. Was it also true in 1989 07:08
`through 1991 that Owens Illinois treated its 07:08
`batch composition formulas as confidential 07:08
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-021
`
`
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`Page 22
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` SCOTT M. WEGMAN
`business information? 07:08
` A. Yes. 07:08
` MR. REYNOLDS: Objection; form, 07:08
` foundation, scope. 07:08
` Q. All right, sir. Let me -- give me 07:08
`just one minute to review my notes here, 07:08
`Mr. Wegman. 07:08
` MR. SHEPARD: Mr. Wegman, thank you. 07:09
` Those are all the questions that I have for 07:09
` you. Mr. Reynolds may ask additional ones 07:09
` or we might be done. 07:09
` Mr. Reynolds, over to you. 07:09
` MR. REYNOLDS: Thank you. Just a few 07:09
` questions. 07:09
` RE-EXAMINATION 07:09
`BY MR. REYNOLDS: 07:09
` Q. You mentioned that the sheets in 07:09
`Exhibit 1 were printed. Is that correct? 07:09
` A. Yes. 07:09
` Q. Does that mean that the information's 07:09
`stored -- 07:09
` A. I'm sorry. I -- they were originally 07:09
`printed. I think these are copies that I'm 07:09
`looking at just because I'm seeing the 07:09
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-022
`
`
`
`Page 23
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` SCOTT M. WEGMAN
`three-ring binder hole here. 07:09
` Q. Understood. 07:09
` A. Yeah. 07:09
` Q. Does that mean that the information 07:09
`contained -- let me start over. 07:09
` Does that mean that the information 07:09
`represented in Exhibit 1 is stored in some sort 07:09
`of electronic database? 07:09
` A. I can't answer that right now. They 07:09
`would have been created on a computer at the 07:09
`time, but I don't know if it's stored 07:09
`electronically or just in print right now. 07:09
` Q. Mr. Shepard asked you for a specific 07:09
`name of the person who created these records. 07:09
` Without giving a specific name, can 07:09
`you describe who would have created these 07:10
`records? 07:10
` A. Yes. We have glass scientists that 07:10
`are responsible for our formulas, and they run 07:10
`the program that creates the batch formulas that 07:10
`they give to the plants then to actually make 07:10
`the recipe in the plant. 07:10
` Q. When you say make the recipe, you 07:10
`mean manufacture a glass bottle according to the 07:10
`
`TSG Reporting - Worldwide (877) 702-9580
`
`Ex. 1073-023
`
`
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`Page 24
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` SCOTT M. WEGMAN
`batch composition, right? 07:10
` A. That is correct, yes. 07:10
` MR. REYNOLDS: Okay. That's all I 07:10
` have. 07:10
` RE-EXAMINATION 07:10
`BY MR. SHEPARD: 07:10
` Q. Just a couple follow-ups, Mr. Wegman. 07:10
` You never saw batch compositions 07:10
`printed out during the time you were working 07:10
`from 1988 to 1996. Is that correct? 07:10
` A. No, that's not correct, because when 07:10
`I worked at the plant in Atlanta, we would get 07:10
`these same type of sheets that we would then 07:10
`enter into our batch house control system that 07:10
`would then measure up the recipe based on the 07:10
`weights that are here and the materials. 07:11
` Q. It's true, isn't it, that you didn't 07:11
`see these particular pages that have been marked 07:11
`as Exhibit Number 1 -- 07:11
` A.
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