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IN THE SUPERIOR COURT OF THE VIRGIN ISLANDS DIVISION OF ST. CROIX Master Docket No. IN RE: CATALYST LITIGATION SX-05-CV-799 ACTION FOR DAMAGES JURY TRIAL DEMANDED JOHN BULLY, Individual Docket No Plaintiff Vv SX-05-CV-812 HESS OIL VIRGIN ISLANDS CORP., et al., Defendants ALEXANDER EMILE, Individual Docket No Plaintiff Vv SX-05-CV-806 HESS OIL VIRGIN ISLANDS CORP., et al., Defendants JULIEN MCSWEEN, Individual Docket No Plaintiff v SX-05-CV-847 HESS OLL VIRGIN ISLANDS CORP., et al., Defendants RICHARD MAXWELL, Individual Docket No Plaintiff Vv SX-05-CV-846 HESS OIL VIRGIN ISLANDS CORP., et al., Defendants IN RE: CATALYST LITIGATION SX-05-CV-799 Memorandum Opinion MEMORANDUM OPINION THIS MATTER came before the Court on Defendant Hess Corporation (hereinafter “Hess”) and Hess Oi! Virgin Islands Corp.’s (hereinafter “HOVIC”) Objection to Certain of Plaintiffs’ Witnesses to be called by Deposition, filed June 29, 2010. On July 7, 2010, Plaintiffs filed an Opposition to Defendants’ Objection. On July 7, 2010, Defendants filed a Reply to Plaintiffs’ Opposition. FACTS Plaintiffs filed this action against Defendant HOVIC and Defendant Hess,’ alleging that they developed mixed dust pneumoconiosis as a result of occupational exposure to catalyst at Defendant HOVIC’s refinery on St. Croix, U.S. Virgin Islands. Plaintiffs allege that Defendants possessed and/or exercised control over the work site and assert claims for negligence/premises liability and supplying chattel dangerous for intended use. DISCUSSION Defendants object to Plaintiffs’ intention to introduce the prior depositions of John Piwonka, Richard Vick, Rene Sagebien and Orville Henderson into testimony at trial. The deposition testimonies of Richard Vick and Rene Sagebien were later withdrawn from Plaintiffs’ Exhibit List. See Plaintiffs’ Opposition to Defendants’ Objection at 3. Using Depositions in Court Proceedings Fed. R. Civ. P. 32(a), provides that: (1) In General. At a hearing or trial, all or part of a deposition may be used against a party on these conditions: (A) the party was present or represented at the taking of the deposition or had reasonable notice of it; (B) it is used to the extent it would be admissible under the Federal Rules of Evidence if the deponent were present and testifying; and (C) the use is allowed by Rule 32(a)(2) through (8). ' Plaintiffs also filed this action against other defendants but Plaintiffs have reached a settlement with these defendants out of court. IN RE: CATALYST LITIGATION SX-05-CV-799 Memorandum Opinion (8) Deposition Taken in an Earlier Action. A deposition lawfully taken and, if required, filed in any federal- or state-court action may be used in a later action involving the same subject _matter_between the same_parties, or their representatives or successors in interest, to the same extent as if taken in the later action. A deposition previously taken may also be used as allowed by the Federal Rules of Evidence. Emphasis added. According to Plaintiffs’ Amended Exhibit List, Plaintiffs intend to use (1) the January 12, 1987 Deposition of John Piwonka, taken in the matter of Belin y. HOVIC and (2) the January 30- 31, 2002 Deposition of Orville Henderson, taken in the matter of In Re: Kelvin Manbodh Asbestos Litigation Series. The subject matter and parties involved in Belin and In Re: Manbodh are not the same as this case. Defendant Hess was not a party to the Belin litigation. Although both Defendants were parties to In Re: Manbodh, the subject matter of that litigation did not involve catalyst (such as catalyst exposure, safety/respiratory policies concerning catalyst, etc.). As a result, John Piwonka and Orville Henderson’s depositions from the prior action are not admissible at trial. CONCLUSION The Court finds the subject matter and the parties involved. Accordingly, the Court will grant Defendants’ Objection to Certain of Plaintiffs’ Witnesses and exclude the deposition testimonies of John Piwonka and Orville Henderson. DONE and so ORDERED this i‘! day of July, 2010. HAROLD W. L. WILLOCKS Judge of the Superior Court