# Appendix — Madigan v. Nabisco Brands, Inc./RJ Reynolds Co.

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386015_1489%3A2

## Record

- **Collection:** Supreme Court brief
- **Document type:** Appendix
- **Published:** January 1, 2003
- **Citation:** 539 U.S. 959

## Text

—_*

.. |

EDITOR'S NOTE

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PUBLISHER'S NOTE :

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Supremes Gourt, U8.

FILED

02 1562 FEB 18 2003

N

Sag

IN THE ,
Supreme Court of the Anited States

MARGARET A. MADIGAN,
Petitioner, pro se,

Fi.

NABISCO BRANDS, INC./RJ REYNOLDS

COMPANY, INC.,
Respondent.

On Petition For Writ Of Certiorari
To The United States Court of Appeals for The Sixth.
Circuit

PETITION FOR WRIT OF CERTIORARI

Margaret A. Madigan,
Petitioner, pro se
295 Westview Ave.
Wadsworth, Ohio 44281
(330)-336-6987

APPENDIX D (EXHIBITS) \

SNOILISOdIG
S. WANOLLILAd
et oe & Be

QUESTIONS FOR DEPOSITION

1) Did Peggy Madigan park daily in designated handicap parking space?
Ylot dure :
2) Was that space visible from plant manager, Mark Perkins office?
3) Did you ever complain of respiratory problems incurred on job at RJR Nabisco ~ Seville, Ohio Plant
to RJR Nabisco Management cither directly or through union or any other representative of you? If
yes, please elaborate. Ulo.

4) Did you ever witness Peggy Madigan being exposed to excessive heat on her job at RJR Nabisco
Seville, Ohio Plant? Yaa)

5) Was Peggy Madigan’s desk located beside a sliding glass window, which was opened frequently to
access the plant in order to communicate with other employees or truck drivers?

Yow)

6) Do you recall the temperature in the plant ever reaching an excessive temperature?
“ted butt! 90 gt Lemon’
7) Were you ever exposed to excessive heat on your job at RJR Nabisco, Seville, Ohio Plant?

5 al , dete Play bul

pau LALEKS ‘

8) Were you asked to sign RJR Nabisco’s Separation Agreement? If 0, did it include the following #14
on attached page? (Let court record indicate that exhibit #9, page 4 of 5, being presented to witness

and is agreement to which witness is acknowleging in reference to this question. )

po

9) Have you ever witnessed Peggy Madigan’s work being praised? If yes, who praised work
Ye. Alweye aokung fod Bee

no s/mattrer:

= iy: If yes, did you know while she was still

employed with RJR Nabisco?
tins from) Ae sen itp, preuestil) ee
ofp’ (btating- Me Aaclk YS.

nt cei Nabisco? If yes, please

state illness. Ty.

12) Were you directly or indirectly aware that Peggy Madigan had made request to management of RJR

Nabisco for “...Better air Ventilation?” aa

13) Were you aware of any ventilation problems or issues at RJR Nabisco's Seville Plant?
\ aad

14) Were you aware of Peggy Madigan’s assisting in training of the new production planner?

15) Did you witness Peggy Madigan being subjected to duress by any member of RJR Nabisco’s
2

Management? If yes, please elaborate. : Abuey) beng

16) Did any member of RJR Nabisco’s management subject you to duress? If yes, please elaborate. :
pee IS i eaeh brivis deveiinettiis
with ventilation within Seville, Oiio Ptant? ee Alden)
uw Mure polort Yo wre
To we retere) hin Yto arcu-
Parme lust (product)

18) Do you or anyone else of whom you are aware who was employed at Seville Ohio RJR Nabisco Plant

have multiple Sclerosis? If yes, please identify individual afflicted.

jabs Giligr Cipla Korg

19) Did you or amyone else of whom you are aware who was employed at Seville, Ohio Plant feel
Cjew: f hn J dedet Lega ance Linke

tae “AL2

20) Are you aware of iocation of any existing or previously existing RJR Nabisco facilities, which have
and or #ze currently handling processing and/or production of any aspartame materials and/or
products? If yes, please list plant and location.

ary eas ova Limes but rad

ohh:

21) Are you aware of any OSHA investigations, which took place, while you were employed at RJR
Nabisco's Seville, Ohio piant? If yes, please elaborate
Ap. (KSeacds -_ rrr plant adsttse 2
Y(abeed Leta) pel) lull

Afar a 90's:

22) Were you or anyone of whom you are aware, who was employed at RJR Nabisco's Seville, Ohio plant

“Encouraged” to retire or resign? If yes, what was age of this individual?
\Y wees 53, pthircw MhMOAL 4fe Lett 7
herve Msc SS,

24) Were you or was anyone of whom you are aware diagnosed with any ailment while employed at RJR
Nabisco? If yes, please claborate. rary

drrken, feat pitechi), iabe/e) , Lance.

25) Are you aware of any former employee or coworker of RIR Nabisco who died during or since their
cpp wi IR Nest ve po ce ne) gna |
yo Laney Lenna Lnaele” whe "
pes 2 TE nee Brna- laud

his or her life.

Constance J. Bihari
4865 W. West Salem Road
Burbank, Ohio 44214

wine Goalies pac %-AO-2/

Notary Public: pe om naw ae dO ;

ll

QUESTIONS FOR DEPOSITION
1) Did Peggy Madigan park daily in designated handicap parking space” yo
2) Was that space visible from plant manager, Mark Perkins office? ad

3) Did you ever complain of respiratory problems incurred on job st RJR Nabisco ~ Seville, Ohio Plant
w RR Nabaco Management ite ctor through sion ox my oer ANS SEY If

yes, please elaborate. 42H, Cimphared Jo ing Goss at fla fee, es
Ault OF petsswe AMAL tr Qnla —— i a
pf hte due wise Aluple amibing. Tes a
QWta wfirt fa 9¢ tat ashe-

4) Did you ever witness Peggy Madigan being exposed to excessive heat on her job at RJR Nabwco
Seville, Ohio Plant? Gf”
5) Was Peggy Madigan’s desk located beside a sliding glass window, which was opened frequently to

access the plant in order to communicate with other employees or truck drivers? yo

6) Do you recall the temperature in the plant ever reaching an excessive temperature? am

7) Were you ever exposed to excessive heat on your job at RIR Nabisco, Seville, Ohio Plant?

Mo , had 74 0-7 aaa Pct Soe

FOP TER TS PP. OT ME ns Newt e ee SUEY OF RET « . OLE SOREN SINE NP Depa ANTE a:

8) Were you asked to sign RJR Nabieco's Separation Agreement? If so, did it inchude the following #14
on attached page? (Let court record indicate that exhibit #9, page 4 of 5, being presented to witness

and is agreement to which witness is acknowleging in reference to this question.)

9) Have you ever witnessed Peggy Madigan’s work being praised? If yea, who praised work

Ye Bil Knute

10) Were you aware that Peggy Madigan has multiple Sclerosis? If yes, did you know while she was still

employed with RIR Nabisco? yew, ? td freer ohile Ke wae
tnflogd at ‘atc

11) Do you have any health ailments that were diagnosed while employed at RJR Nabisco? If yes, please

state ilincss. 770

12) Were you directly or indirectly aware thst Peggy Madigan had made request to management of RR

Nabisco for “...Better air Ventilation?” ye drectly Qe

13) Were you aware of any ventilation problems or issues at RJR Nabssco’s Seville Plant?
pe, on te ha

Cantu

14) Did you witness Peggy Madigan being subjected to duress by any member of RJR Nabssco's

aan "yor Ton hilt, Nor, Elor. Voll ba,
ly gee lp coe Pg er, yor

Piggys pr He jrt- Aut >

Katt Lith

a ae ee

ee ain Wine ane. tone fo if yes,
Nuk fens , Oiung awe

Vab As, @re .
SK Ye: OI, mip aig w felt badipred! Lao

Veo yas arty, wes my member of IR Nabiac’ management awa of ay problems & SA

ere aie a If yes, please claborate.

Hat Tn Ault woe Maple Wit
Ue Vtir4: Satior pJS ey Or+9- WIth AR MNG?.

M Vabts

19) Are you aware of location of any existing or previously existing RJR Nabisco facilities, which have
and or are currently handling processing and/or production of any aspartame materials and/or
products? If yes, please list plant and location.

Mo, pup Lute. plant v0 Py Kipewleage

20) Are you aware of any OSHA investigations, which took place, while you were employed st RR
Nabisco’s Seville, Ohio plant? If yea, please elaboratc.
V0 oT gua .

21) Were you or anyone of whom you are aware, who was employed at RJR Nabisco's Seville, Ohio plant

“Encouraged” to retire or resign? if yes, what was age of this individual?
ype, Peiyy Madigan - Age 47
ye, ripe « a5t 40

:

22) Did you ever complain of skin irritations, which you or your doctor attributed to exposure '
aspartame dust, which occurred while employed at RJR Nabisco’s Seville, Ohio plant? If yes, please

elaborate. 141 a

23) Were you or was anyone of whom you are aware diagnosed with any ailment while employed st RJR

Nabisco? If yes, please elaborate. yy lor 0 ,

24) Are you aware of any former employee or coworker af RJR Nabisco who died during or since thew
employment with RJR Nabisco? If yea, please state name of individual & affliction, which claimed his or

Neri Yt, boib--Lalletin Atart prblena «

25) egy align ener en ee nn ee ae
token. I fis horde Valitse Stage ontrtar

Lo He Wee, fee 1 Wada sitar

worked.

I have answered this foregoing to the best of knowledge.

Jean Boling
$310 Maple Crest

pue_ 9/24/o/

QUESTIONS FOR DEPOSITION

1) Did Peggy Madigan park daily in designated handicap parking space?
NOT SURE

2) Was that space visible from plant manager, Mark Perkins office?
NOT suR&
3) Did you ever complain of respiratory problems incurred on job at RJR Nabisco - Seville, Ohio Plant
. to RJR Nabisco Management either directly or through union or any other representative of you? If

yes, please elaborate. YES, Once WHE A LAB PERSow AUT A
CHEMICAL Two THE CombAertoR And THE BbusT corbewe
Bie ot onto THE Nocr WHITeh TWAS wWoRKez6E. atoTrFrtds
SuPeniasor C BoB BAKERS) Awh WAS SET TO THE conbaat dAocra.
Foht TESTS.

4) Did you ever witness Peggy Madigan being exposed to excessive heat on her job at RJR Nabisco

Seville, Ohio Plant? “YES

5) Was Peggy Madigan’s desk located beside a sliding glass window, which was opened frequently to
access the plant in order to communicate with other employees or truck drivers?
YES

6) Do you recall the temperature in the plant cver reaching an excessive temperature?
YES

7) Were you ever exposed to excessive heat on your job at RJR Nabisco, Seville, Ohio Plant?
YES

8) Were you asked to sign RJR Nabisco’s Separation Agreement? If so, did it include the following #14
on attached page? (Let court record indicate that exhibit #9, page 4 of 5, being presented to witness

and is agreement to which witness is acknowleging in reference to this question.)
YES. I RELETvE So.

9) Have you ever witnessed Peggy Madigan’s work being praised? If yes, who praised work
4¥ES, BK HER Bosses, BoB BXERS AND SEVERAL OTHERS |

10) Were you aware that Peggy Madigan has multiple Sclerosis? If yes, did you know while she was still
employed with RJR Nabisco? + whs Awang THAT SHE WAS HAvLTHG Sov€
HEALTH, PROBLEMS, BUT WAST SURE WHAT WAS THE PRORLEN.

11) Do you have any health ailments that were diagnosed while employed at RJR Nabisco? If yes, please
tate iliness. 4ES, HEADACHES AWA Avy¥TBTY Arew Bi EMS ,
ASAARTAME WAS STONED ABOVE MX OFFICE Onc ABOUT
10’ Fon A HEATER THAT MEATER THE wARE MOUSE Dey THE
WR yt ER

12) Were you directly or indirectly aware that Peggy Madigan had made request to management of RJR

Nabisco for “...Better ir Ventilation™ ‘ES.

13) Were you aware of any ventilation problems or issues at RJR Nabisco’s Seville Plant?
YES.

14) Were you aware of Peggy Madigan’s assisting in training of the new production planner?
WES

15) Did you witness Peggy Madigan being subjected to duress by any member of RJR Nabisco's

a

A oe
ee AM SELF, E PLATS Down STIG ,
THERS TO cover. THOSE THAT wEReE

please elaborate
6 huRTwG TH

member of RJR Nabisco’s management subject you to duress? If yes, please elaborate.

van any member of BIR Nsbaco's management swe Of a5 Problems SS

Seville, Ohio Plant? If yes, please elaborate.

wiwTEht wHev EvVERTHING ut$ CLOoEA UP, THE
causes A vAcuEnN"” tw THE

ofe To THE

brat OF NO FRESH

17)To your knowledge,
with ventilation within
YES, IN THE
Dust COLtcTons tv THE Prat
wpu CouULsA WwiTtTrEss THIS WHEV
ouTsrac. wAD SEVERAL PeoPl— t~ sum
ATrAwd TIrREd wESs.

ExrTwe aw 4 Do
Ppmwe com

se of wham you are aware wo wan empoyed a Seville Ohio RIR NaBHSD FT

have multiple Sclerosis? Uf yes, please identify individual afflicted
NOT THAT rwAs Aw ARE OF.

18) Do you or anyone ¢

c, Omo Plant fee!

cement? if yes, please elaborate and identify individual
raw o THERS Qube. "7 APPEAL
ermucnr screw tT

senza your nyenn cn cons You 0 or SIT OT
pressured imo signing separation 28°
wes, mM SELF An 2 BL. seve
To HAVE AY of Tio. SEEMED To BE THAT WE

of— wt wourkw'7 Re cEIre Aw THIVG .

“ ee Pee

20) Are you aware of location of any existing OF previously existing RJR Nabisco facilities, which have

sa or are curently handling processing and/or proguction of SN aspartame materias 22025
products? If yes, please list plant and location. Yes, ALL THE ALPANTAME Awd

OTHER ta GREATENTS WERE SET TO uk tae THAT TOOK oveR
ouh. PloebuctTsza.

21) Are you aware of any OSHA investigations, which took place, while you were employed at RJR

Nabisco’s Seville, Ohio plant? If yes, picase elaborate.
NO.

22) Were you or amyone of whom you are aware, who was employed at RJR Nabiaco’s Seville, Ohio plant
“Encouraged” to retire or resign? If yes, what was age of this individual?
THERE WERE SEVERAL PEpALE SulinG tHe “hoon Str”
THAT WERE “LET Go", tecitunawe “4 BOSS Rok B4UERS. NOT
Rea SURE OF HIS of OTHERS AGES.

PO a) ON Ne Om ODER A mn

NCE Rg ARN CL NIE Et, ANE

23)Did you ever complain of skin iritations, which you or your doctor sttribuied to exposare to
aspartame dust, which occurred while employed at RJR Nabisco’s Seville, Ohio plant? If yes, please

elaborate. NO

14) Were you or was anyone of whom you are amare diagnosed with any ailment while employed st FUR
Nabisco? If yes, please elaborate. YES, CHUCK WwAGCARS' Hand AtwAXS

RRrore out Avb cRACKEA WHILE wohrtearse WLTH Acsbarqrame.
PRodULrTSs .

25) Are you aware of any former employee or coworker of FUR Nabiaco who died daring or sinc s Se
employment with RJR Nabisco? If yes, please state name of individual & affliction, which claimed

his or her life. THERE HAVE BEE SEVERAL TN GUDIN GS CHUCK whta
THAT HALE O TEA. NOT suRé of FIMAt RrASrOSTS,, oR HAMES
OF OTHERS.

Ihave answered this foregoing to the best of knowledge.

George Dafo
311 East Walms Street
Wadsworth, Ohio 44281

ay pears?) a Date %- 25-0]
Svgweel f Presence Yh: s 25 day of Sepr 200/

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it can answer any further questions please fee! free to contact my office.

WMWAa fal Jirng Hower

Notary Public-State of Ohso

My Commission Expires Feb. 10, 2005
Enclosure

YS00 Fuctd Avenue Cleveland Ot 441

A Facttres toe Mirarreree Seve meses Tarsswere otto Rese sorts

eee

THE CLEVELAND CLINIC FOUNDATION
9500

Euclid Avenue Cleveland. Onio 44195-5226

A National Referral Center An intemational Health Resource

1390
September 16, 1992

Mrs. Margaret Madigan

295 Westview
Wadsworth, O08 44281

cc#: 1-805-531-7

Dear Mrs. Madigan:
meeting you on July 21, 1992- You were
Departzent at the Cleveland
Clinic. Let me summarize your complaints.
About 10 days prior to ot visit you noticed left upper

extremity weakness. You also
ing an indian pow wow, you began

dropping things when using your left >
days, this got worse to the point that the left hand was quite
was loss, cranial nerve symptoms,

useless. There no sensory

or problems with bladder or bowel. The other
unaffected. There was no progression of your
ied pain and tingling-

In 1988, you were seen by Dr. Sweeney at the Cleveland Clinic
for a history of rightsided incoordination and slurred speech and
blurred vision. An MRI at that time showed right middle cerebellar

improved over six weeks. Later,

peduncle ®lesion". These sysptoms
ou had & transient episode of ®— shade being pulled in front of

Y
your right eye".

Your past history was significant for fibromyalgia in 1985,
urinary tract infection and being overweight.

physical examination was unremarkable. On the

ination there was & left arm adrift. Pronation and
the wrist dorsiflexion was 3+/5,

we did a number of laboratory tests. A complete blood count
and serum chenistry profile were normal. Sedimentation rate was 10

COPY PHART COM:

Mrs. Margaret Madigan
cc#: 1-805-531-7
Page 2

wa /hour. Blood lead levels were normal. A visual evoked potential
was within normal limits. Serums Bi2 level was 240 pog/ml (normal) .

showed an increased CSF IgG of 15.1 mg/dl, IgG/albumin ratio of
0.60, IgG synthesis rate of 55.2 mg/day and an IgG index of 1.77.
All these clearly abnormal values. A serum anticardiolipin
antibody was obtained and this showed moderately elevated IgG but

An MRI of the head showed multiple foci of abnormal si 1 in
po white matter bilaterally, compatible with a denyel nating
lesion.

A surface echocardiogram was within normal limits.

A lipid profile showed a total cholesterol of 235 which is
poderately elevated and an LDL cholesterol of 161 which is high and
a HDL cholesterol of 36-

As I discussed with you, the overall picture seens to fit best
with a demyelinating illness such as multiple sclerosis. we
suggest the following: 1) avoid situations which could potentially
increase body temperature; 2) follow-up with us in six months.
Please call for an appointment approximately two months' prior to
the expected date of the appointment; 3) if you are interested in
looking at research protocols for multiple sclerosis, we could

indicated at this time; 5) consultation with & general physician
regarding panagenent of the moderately elevated cholesterol.

once again, it was a pleasure participating in your care.
Please do not hesitate to call us with any questions.

Y sincerely,

SkK/as
rec'd 9-17-92/tr- 9-18-92

COPY

Chart Note: Madigan, Margaret A (MR # 18055317) Encounter Date: 09/19/200

Office Visit Margaret A Madigan (4R@ 1806551
Patient Info Patient Name Sex DOB SSN
Madigan, Margaret A Femate OB8/i21949 261-86-40-
(18055317) at
Contact .
Information Date & Time Provider Department Encounter® Center
09/72/2001 4:00 PM Revere Kinkel Neur Metien Ctr 14967498 NEUR
Mae U Bidg
Allergies as of
09/19/2001 Agaot Noted Allerzy Reaction
NONE 07/31/2001 Not Noted
Date Verified: 07/31/2001
Reason for
Visit Reseon for Visit
FRrechack [82]
tC Visit Di :
MULTIPLE SCLEROSIS [340}
Follow-up and
Disposition Dispomiben
Retum visit in approximately
6 months, kinkeYnamey
Progress Not -3

REASON FOR VISIT: Report after MRI

PRINCIPLE NEUROLOGIC DIAGNOSIS: Definite MS
HISTORY OF ILLNESS:

Date of onset: 11/88

Date of diagnosis: 12/92

Disease course from Onset: Exacerbat ing/Remitting
Disease course last year: Exacerbat ing/Remitting

Medications for MS Used in the Past: none

Narrative Describing Problems :

FROM 7/31/01 VISIT RPK WROTE: Last seen 4 years ago. Relatively
stable until chis Spring. While driving in car experienced an ‘out
of body* experience. Felt dissociated. Episode lasted 30 minutes.
Since this time she reports more difficulty with comprehending
questions and queries, remembering things, and sceading.

Concerned about her ability to continue working

Now working a8 an eccountent for a new company. Let go from Nabisco
in 1997. There is @ law suit pending against nabisco for failure to
accomodate her disability.

Madigan, Mergaret A (MR # 16055317) Page 1 of 3

Chart Note. Madigan, Margaret A (MR # 18055317) Encounter Date: 08/19/2001

Never got CPAP since she had no insurance coverage.

TODAYS VISIT HISTORY: reports completing NP testing. reviewed Dr
Chelunes note. Relatively normal and not substantiating complaints.
No other new problems

Diagnostic Testing since last visit:
MRI BRAIN $/19/01 : No old films available to compare today. No
active lesions. Moderate T2 burden. No signficant atrophy

Domestic Violence: Have you been hit, kicked, punched, or otherwise
hurt by someone within the past year? no If so, by whom?

REVIEW OF SYSTEMS:

Review of systems including systemic, neurologic, ophthalmologic,

respiratory, gastrointestinal, dermatologic, and gynecologic were

all reviewed from the patient questionnaire and were negative with
the exception of those listed above in the narrative.

PHYSICAL EXAMINATION:

Mental Status: There are no deficits of cognition, language or
prosody on interview buc she scems easily baffled following
directions on examination. Formal NP testing was not performed

today.
Cranial Nerves:
Visual Acuity OD: 20/25 OS: 20/30 Corrected: yes
Optic Discs OD: NT OS : NT
CN III, IV. VI Pursuit and saccadic eye movement are normal
CN V-XII Normal
Motor Function:
Strength: Right Left
Deltoids 5 5
Wrist Extensors 5 5
Hand Intrinsics 5 5
Hip Plexors 5 5
Ankle Dorsiflexors 5 5
Spasticity:
RUE: None
LUE: None
RLE :None
LLE: None

Cerebellar: finger to nose testing was normal. Heel to shin testing
was normal.

Sensation: Normal to ell modalities.

Gait: Unstressed observation of gait was normal. The patient was
able to tandem walk 10 steps but wes hesitant. The petient did not
require assistance for safe ambulation.

DISABILITY SCORES:

EDSS (estimated): 1.5
Ambulation Time (25 feet): 7.0 secs.

Madigan, Margaret A (MA # 18055317) Page 2 of 3

Chart Note: Madigan, Margaret A (MR # 18055317)

Distance Walk: 500m
Assistance Required: independent
9-Hole Peg Test:

Encounter Date: 09/19/200

First Second
RUE NT NT
LUE NT NT

ASSESSMENT :

340 MULTIPLE SCLEROSIS

Note: Relatively stable by all criteria (exam, MRI and NP testing).
Embroiled in legal controversy with former employer which may have
increased stress and contributed to current cognitive complaints.
Plan:

1. Compere todays MRI to 1995 MRI and write letter

2. No disease modifying therapy for now

780.57 Sleep apnea
Mote: Persists and responsible for fatigue
Plan: Get CPAP when she can

Pollow-up: 6 months

R. Philip Kinkel. MD

Problem List Problem Noted Resolved
MULTIPLE SCLEROSIS[340] 9/19/2001 No
Madigan, Margaret A (MR # 18055317) Page 3 of 3

Otpy ie CAME 1 GPL ene ORY /G2
Tras Lette. Qrbmettig.! te B-

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Vow $ 4s my drama tatey (Motte

THE CLEVELAND CLINIC FOUNDATION —_

93500 Euchd Avenue — Cke-veland. Oluo 44195-3226

A National Referral Cconter AD titenwthowl thealth Resource
tieroshi Misano. MD
Neurokyt, Soo
216/444-5415 September 16, 1992

Mrs. Margaret Madigan
295 Westview
Wadsworth, OH 44281
CCF: 2-805-531-7

Dea. Mrs. Madigan:

It was a pleasure meeting you on July 21, 1992. You were
referred to us from the Primary Care Department at the Cleveland
Clinic. Let me summarize your complaints.

About 10 days prior to your visit you noticed left upper
extremity weakness. You also had mild tingling in the left hand,
lasting minutes. The next day during an indian pow wow, you began
dropping things when using your left hand. Over the next five
days, this got worse to the point that the left hand was quite
useless. There was no sensory loss, cranial nerve symptoms,
balance problems or problems with bladder or bowel. The other
three limbs were unaffected. There was no progression of your
symptoms. You denied pain and tingling.

In 1988, you were seen by Dr. Sweeney at the Cleveland Clinic
for a history of rightsided incoordination and slurred speech and
blurred vision. An MRI at that time showed right middle cerebellar
peduncle “lesion”. These symptoms improved over six weeks. Later,
you had a transient episode of “a shade being pulled in front of
your right eye”.

Your past history was significant for fibromyalgia in 1985,
urinary tract infection and being overweight.

The general physical examination was unremarkable. On the
neurological examination there was a left arm drift. Pronation and
supination were mildly weak and the wrist dorsiflexion was 3+/5,
wrist volar flexion was 2+/5, finger extensors 1/5, hand intrinsic
0/5. Muscle stretch reflexes were slightly diminished in the left
biceps. The remainder were normal. The remainder of the neurolog-
ic examination was within normal limits.

We did a number of laboratory tests. A complete blood count
and serum chemistry profile were normal. Sedimentation rat

Mrs. Margaret Madigan
CcC#: 1-805-531-7
Page 2

mn/hour. Blood lead levels were normal. A visual evoked potential
was within normal limits. Serum B12 level was 240 mcg/ml (normal).
Cerebral spinal fluid (spinal tap) evaluation showed an RBC count
of 3/ul, WBC count of 18/ul and a differential count was 93%
lymphocytes and 3% monocytes. The CSF glucose was 63 against a
blood glucose of 89. A Tourtellotte formula was obtained and this
showed an increased CSF IgG of 15.1 mg/dl, IgG/albumin ratio of
0.60, IgG synthesis rate of 55.2 mg/day and an IgG index of 1.77.
All these clearly abnormal values. A serum anticardiolipin
antibody was obtained and this showed moderately elevated IgG but
normal IgM and IgA.

An MRI of the head showed multiple foci of abnormal signal in
the white matter bilaterally, compatible with a demyelinating
lesion.

A surface echocardiogram was within normal limits.

A lipid profile showed a total cholesterol of 235 which is
moderately elevated and an LDL cholesterol of 161 which is high and
a HDL cholesterol of 36.

As I discussed with you,

the overall picture seems to fit best
with a demyelinating ill —_ : i :

situations which could potentia
otrow-up is in six months.
: : an apne approximately two months' prior to
the expected date of the appointment; 3) if you are interested in
looking at research protocols for multiple sclerosis, we could
refer you to the Mellen Center; 4) no specific intervention is
indicated at this time; 5) consultation with a general physician
regarding management of the moderately elevated cholesterol.

Once again, it was a pleasure participating in your c=re.
Please do not hesitate to call us with any questions.

Yours sincerely,
)
Suresh Kumar,

Hiroshi Mitsumoto, M.D.

SK/as
rec'd 9-17-92/tr. 9-18-92

a aa 6

" Ast PRESCRIBED

NOT VALIO FOR
RUGS | +43 /9\—

12/21/96
) [have made the following observation of Peg’s condition:

xacerbation of her multiple sclerosis as a direct result of undue stress being subjected to at
ork by hostile work environment which is being perpetuated by management. For example,
counseling notes” which were presented to her on 12/20/96 by Tim Ault and Maryellen Valaitis
outside of a structured review - citing alleged incidents from various coworkers which these
dividuals neither presented to Peg ncr resulted in confrontation. Thus, she was unaware of

Peg is and has been experiencing physical symptoms which may lead to a more serious
ese alleged perceptions of interactions.
) Nabisco was presented with standards which were to be immediately met and sustained:

| -Several years ago when Peg was diagnosed with MS- i.e. the necessity for temperature
ontrol of work environment and avoidance of undue stress.

) These standards are important because of the following impact on Peg’s life:

If the aforementioned conditions are not met and respected then Peg's health may be
ffected on a temporary or even permanent basis.

) Lam informing Nabisco of the following with respect to these aforementioned issues:

Peg has organized her office space for maximum efficiency of job performance based on
novations she has created over her “years” of successful service to Nabisco.

) These issues are very serious:

As her neat of kin, | will see that her legal rights are protected, even if Peg lacks stamina to

fo so.

e: Please see attached copy of Counseling Notes

Lynn Madigan :
rer Souther wae

Maryetien Valaitis
Sandi VonDraltein

COUNSELING NOTES
1. I have made the following observation of Peggy’s conduct/performance:

Peggy you have-“blocked” the access window with binders. It prevents drivers and
employees from having easy and direct access to vou to conduct business.

Peggy you have built an office area around you that separates you from
the rest of the team and makes it difficult for open communications

Your comment to Cathy Roy on Wedriesday, December 4th that you “deserve

lunch because you do everything” is an example of placing yourself outside
the team.

©: I have informed Pegey of the following rds that are to be
immediately met and sustained:

Do not block the access window between the warehouse and your office
area.

Address Bob as well as employees, visitors, phone calls etc in & Courteous business
like manner.

Communicate with your team members inci i your manager on all appropriate
work related issues (i.e., warehouse issues, overtime). :

3. These standards are important because of the following impact on the
: work environment:

It is important that drivers have professional and easy access to you to
conduct business in a timely and efficient manner.

We work as a team within the warehouse and the Seville Plant. It is
critical that open two-way communication takes place.

hag Rika

pain Mand is Cle ie lk

portion. If you get the job done but have isolated others while doing so you have
not been truly successful as a team member.

4. I have informed Peggy of the following with respect to these performance issues

These issues will be reflected in the performance review. The review will either state that
the issues have been addressed or that improvement is still required.

these issues are not addressed adequately in the next 30 days, further disciplinary action will
be taken including being placed on a Plan of Corrective Action to formally address these
issues.

; P-oueeteeaee ‘
S
P 043 339 370

: MAIL

ou ae pre agg a
ao . oor tea
EECBES Bony eiie% VALAITIS tee —
pr GREENWICH ROAD Katt
SEVILLE OHIO 44273 —

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fren > . an capage om

sates pes. kets) epapepeataien All ‘

5180 Greenwich Road
Seville. Ohio 44273.95.%)
NABISCO (216) 769-2031

Fax: (216) 769-3053
January 10, 1997

Peggy Madigan
295 Westview
Wadsworth,OH 44281

Dear Peggy.

In response to Lynn Madigan’s letter of December 21, 1996.

2. Regarding standards presented to Nabisco.

Maryellen Valaitis has reviewed your personnel file and found no
accommodation from your physician.

request for a job

ee JOB ACCOMMODATION REQUEST FORM wean.
i S STATEMENT OF REVIEWING PHYSICIAN
U

The requesting employee is responsible for the completion of this form.

TO BE COMPLETED BY LOCAL MANAGEMENT

3 =

TO BE COMPLETED BY THE EMPLOYEE

— COMPONENT. SPL

— EFFECTIVE pare__ 3h

‘ieee apie ere ANCHO within Job summary) This Is not exhaustive ang

; oe ae
| , kewave POSITS OS chdeny Carmen)
;

PSE ONE IN EACH CATEGORY

SICAL ACTIVITY Not At Ag Occasionaily Frequently Cc
enna FOR DESCRIPTION) _ (O%) — (1% - 33%)

(34% - 66%)
Ss. i , ~

Ge {_ (67% - 100%)

PAGE |}

i
~~
~
. a a
, il

FULL REQUIREMENT FOR EACH ACTIVITY PER DAY)

DAY Megular atlendance is
erent HOUR | HouRs | Hours wours | Hours
IFUL Te L : 3 ‘ $ 6 7 8
Base ) 2 3 4a s é ; ve.
| MOTIONS 1 2 3 é © oO) 7 a
“ TECHNIGUES J 2 3 4 + Tom ; -
(nitiaf

PAGE 2

APPENDIX °A‘
PHYSICAL ACTIVITY DESCRIPTIONS

Walking: Moving about on foot to accomplish tasks. particularly for long distances.

Pushing: Using upper extremities to press against something with steady force in onder to
trwust forword. downward or outword.

Pyaing: Using upper extremities to exert force in onder to draw, drag, houl or objects
in o sustained motion. si

Fingering: Picking. pinching. typing or otherwise working. primarily with fingers rather
with the whole hand or arm as in handling. oor

Expressing or exchanging ideas by meons of the spoken word, those octivities in
which Getoled or important spoken instructions must be conveyed fo other workers
occurctely. loudly. or quicidy.

Bending Assuming o Curved. crooked or angular form or direction.
Twisfing: Rotating or revolving: also. to tum as fo foce another way.
S@fing: To be oF remain in that posture in which the weight of the body rests upon the

Conrying: Moving an object from one ploce to onother.

GENERAL EDUCATION - REASONING ABILITY: te anaty to apply common

sense or logic to © problem solving situation. Describes the MINIMUM (not optimum) reasoning
ability for the odequate completion of the position.

| (Circle ONE)

Abilty to apply Common sense understanding to cary out simple one step or two step
instructions: to deal with standardized situations with occasional or no variables in or from
these situations encountered on the job.

Ability to apply common sense understanding to cary out detailed. invoived instructions:
to deci with problems involving several concrete variables in or from -stondardized
situctions. 3 é

Ability to apply principles of logical or scientific thinking to define probiems. collect dato.
establish facts. ond draw valid Conclusions: fo interpret an extensive variety of technical
inetructions in mathematical or other form. Deal with several abstroct ond concrete
variables.

GENERAL EDUCATION - MATHEMATICS ABILITY: me LevE. of abaty to

undestand mathematical concepts and apply them to problem solving situations. Describes the
MINIMUM (not optimum) math obilty for the successful completion of the position.

(Circle ONE)
Ability to perform mathematics is not required.

B. Ability to Odd ond subtroct two-digit numbers: to multiply and divide 10's and 100's by 2.
3. 4. 5: tO perform the four basic arithmetic operations with coins as part of o dollar: to
Perform operations with unis such as inch. foot, and yard: ounce ond pound (and thex
metic Courtempoarts).

3 Ability to odd. subtract. muttiply. ond divide of unis of measure: to perform the four
operations with fike or Common decimal functions: to compute ratio. rate. and percent:
to Grow and interpret bor graphs: to perfor arlthmetic operations involving all American
monetary unis.

PAGE 6

ENVIRONMENTAL REQUIREMENTS

PHYSICAL SURROUNDINGS AND HAZARDS: the Conditions the worker wil be
suDjeCt to In this position.

(Circle ALL that apply)

Conditions but not necessarfy from temperature

The worker is subject to Outside Environmental conditions: No effective protection from
weotner.

The worker Is subject to Inside Environmental conditions: Protection from weather
changes.

The worker is subject to Both Environmental conditions: Activities occur inside ond outside.

D. The worker is subject to Extreme Cold: Temperatures below 32 degrees for periods of more
than one hour.

The worker is subject to Extreme Heat: Temperatures above 100 degrees for periods of
more than one hour.

The worker is subject to Environmental Conditions: One or more of the following Conditions
thot affect the respiratory system or the sidn: Fumes. Odors. Gusts, mists. gases. or poor
ventiiation. -

The worker is subject to Oas: There is Gir and/or skin exposure to oils and other cutting
fluicis. ;

The worker is required to wear Respirator.

None: The worker is not substantioly exposed to adverse environmental conaiifions (such
Gs in typical office or odministrative work).

PAGE 9

INU TICE

This Job analyss profile in no way states or implies that these are the only tasks to be

performed by the employee occupying this position. He or she wil be required to follow
any other instructions Gnd to perform any other job related duties requested by his or her
Supervisor.

The foctors cited above represent minimum levels of knowledge. sidis, and/or abilities. To
perform this job successfully. Incumbent wil possess the abilities and aptitudes to

Al foctors ore subject to possible modification to reasonably occommodate Individuals
with Gisobiities.

Some requirements may exclude individuals who pose a direct threat or significant risk to
the health and sofety of themselves or other employees.

This document does not create on employment contract. implied or otherwise. other than
Gn “at wil employment reiationship.

PAGE 1

“ nal

(W NABISCO

DESCRIPTION/REQUISITION waane

TITLE Traffic Clerk

INCUMBENTS NAME _ Peggy Madigan
SPC LOCATION _ Seville, OM

EFFECTIVE DATE 1/5/37

TITLE _ Production Manager NAME _ Tim Ault

THE BROAD FUNCTION AND SCOPE OF THE POSITION:
4s Concmineniog @D elpeemets ces hovilie Meet «i> onde processing Geeo a Oietnien Proce aes gaperewort tor all
i Nanny weaceirdaes rdbecs mit ccoetdng erders we er ctheepengy Oxpariomend, nchecheleg oats sed Wennciilens 2t
iabtzins wecectity recenta for Grished goods laventory and reconciling physics’ Sabehed gnosks

THE PRINCIPAL CONTINUING RESPONSIBILITIES OF THE POSITION IN ORDER OF IMPORTANCE:

opty erdars from Oietribution Order Control, Confirm inventory avaltabdity, schedule shipments, prepare Bilis of
varity baad counts on ad outbound shipments

fwweks for Gnished, raw, und packaging materials. Maintain contact with tucking dispatchers of
Some Oo were acthecdetes ore todicrmsac:

meintaim shipment gata into inventory control PC to releve warehouse stock inventory, generate lot breakdorm
ane establish record for af shipreent history. ‘

Cao Ceroagh tao reapers sa reguened iy éesiribethen werchouse:, prepwadion am tadwece of Y Change
ww onteniited te compete room, and daly reconciliation of tushed tansachons agetnal reports subedtied to ALLALS.

arotniuled ourekeus log mato paiern salhe arn io ice locaton and producthen date of thaished sma pactcaging
proper sceck rotation.

we ectvedathe afl wileonlameces cheprrenws., Sechudieg MO shipmests, daily UPS ard >* Greight aNpmerts, and bectosp
em Sonim itcapeemntant

tmpemeeRs a heated wei actieely comnmuméicates degertmentad cow _. ~ih tecility mamagement.

- — : ee eee oa = PTET as dail a

Oe ee
saw =

NUMBER OF INCUMBENTS GRADE

TITLES OF DIRECT REPORTS
TOTAL EMPLOYEES indirect reports) —
DIRECTLY ACCOUNTABLE FOR : OTHER ITEMS (such as number of plants, countries, etc)
4 ES AT RES
HRC AE PEE LIOTTA EN EEL OTE IEE INNER
eggs a tras Biggs YEARS OF EXPERIENCE: 3

caflic managementiiststnuion. Clarice! and computer etfie.

(eg TRAVEL)
IGS depertty aeaae EF vewer tet WORD PROCESSING HORT HAND “OTHER
PROCESSING [x] sprcavsneer = [J omtacase = [_] orveer

ReScpEr Tyre Dey. | DATE | SALARYGRADE| Man 7) Mie ly
BX _V491): Wok _\yhh

REPLACEMENT APPROVED SY OATE ADOITIONAL APPROVAL OATE
DITIONS, PROVIDE SPECIFIC JUS TION IN TERMS OF VALUE ADDED, ANTICIPATED PAYBACK AND OTHER

THAT WILL ACCRUE TO THE COMPANY.

GATE | ADOTIONAL “SPRL ——~SC* OTE

|
|

Pe RE OS LT TNE TE. AEE ATE
BY HUMAN RESOURCES | DATE REQ NO. FRLLED OY{EMPLOVEE'S NAME)

vo ae

284 286

1 deposition open when we're done. If | have too, 1 Q. Okay. New, are some of these damages that

2 ll file a motion with the court stating you're 2 yer've written on this relief sought relating to

3 betmg 200-reapeasive and you might have te come 3 yi ar prior claims that seme types of chemicals in

4 beck here to answer those questions. 4 the werkplace were exacerbating your condition?

$ | eaderstand that you're representiag 5 A. Agaim, you know I have to say I'm not an

6 yourself in this case, but | need to know, to the 6 attorney. When | presented this — I'm

7 best of yeur receiiection now, what the answer to 7 proceeding pro se and I'm only attempting to

8 these questions are. If the court will award 8 protect my rights as an American citizen — an

9 that, I'm also going to make a motion for 9 American citizen who has the disability of

10 sanctions. Which means that, if awarded, you 10 wswhtiple sclerosis. So | can say that because

11 would have te pay beth ary fees to make the motion | |! now ! can repeat «. | can memorize it. So I'm

12 to compel aed you'd have te pay for the court 12 not reading it. But that is what | want to get

13° reperter to bring you beck bere te auswer these 13 across to you. That anything that I filed — | OR ~
14 questions. So I just want you te keep that ta 14 want to let you know thet I'm not an attorney. = (T) [TI L
15 mind as we continue. 15 Tl filing pro se. ~N -
16 A. I don't understand what you just said. 16 Q. I completely understand that. ome ie
17 Could you repest that? 17 A. Okay. nO yw
18 Q Sure. What I'll do at the end of this 18 Q. What I'm telling you ts you're being om = “>
19 deposition is prebebly file 2 motion with the 19 nee-respousive to questions that I'm asking — OY) o>
20 court. It ts going te be 2 motion to compe! you 20 If we have te get this motion te compel, tha Om a
2) to answer the questions that you have choses to 21 fine. But ] want to know, regardless of wx 7 7 u
22 read a pre-writtes statement. I'm also golag to 22 + yeu're am attorney or net, you submitted th a W
23 make a motion for sanctions because of what we're | 23 documents to the court. You should have ti A be
24 having to ge through becaure you're pot answering | 24 responsibility te know what they mean, reg ‘
25 the questions te the best of your ability right 2> of whether you're am attorney at tew. Ww

285

1 mow. 1 A. Il understand what they mean to me and

2 Now, if the coert awards the motion to 2 Q. Thea —

3 compel, what that means is we'll come back for 3 A. And because I'm proceeding pro se.

4 another deposition for vou to answer these 4 Q. I got that. What I want to know ts what

5 questions la which you've choses to read this 5 they mean te you.

6 statement for. Aad sanctions would mean, if 6 A. I'm protecting my rights as a disabled

7 awarded, that you would have te pay my attoracy's 7 American citizen. I'm protect — I'm attempting

8 fees and you woeld have to pay for the court 8 to protect my rights as a disabled American

9 reporter and everything that's invoived in having 9 citizen.

10 to take that next deposition. 10 Q. Ft regard that 2s non-responsive as well.

WW Defendant's Exhibe EE 11 You list damages bere. I want to know in

12 te the M.A. Madigan deposition 12 yeur mind, are these damages all reiated to your

13 was marked fer purposes ef 13. disability discrimination claim? 7
14 identification. ) 14 A. [maot an attorney. I'm just a pro se

1S BY MS. STOUFFER: 15 person — I as proceeding pro se.

16 Q. i'm bending you what's been marked as 16 Q. What de you believe these damages are for?

17 Defendant's Exhibk EE. Can you identify this as 17 You dea't need a legal license to tell me what

\8 the retief sewght thet you were referring te la 18 you intend fer these damages te cover.

i9 terms of what your damages are? 19 A. My relief sought.

20 A. Yes, tis. 20 Q. Nime months severance pay. What is that

21 Q And is thet what you stated you submitted to 21 ~perted of time?

22 beth Jim Kurek sad the ENE evaluator? 22 A. No comment.

23 A. To Jim Kurek at the ENE. 23 Q. Thatis—

24 Q. And then yoo seat k again? 24 A. I don't recall.

25 A. | served it to you again, yes. 25 Q. Thst’s not an appropriate answer.
AKRON COURT REPORTERS CANTON COURT REPORTERS CLEVELAND COURT REPORTERS
330-376-8100 330-452-2400 216-621-6969

308 310
1 cerrect procedure. Because you need to serve a | Exhibtt HH. Here's a copy fer you. First, can
2 metice wpon me as you were sending them out te 2 you identify this as a letter you sent to me
3 ket me know what officer the depositions were 3 dated August 2, 2001 in response to mry July 20
4 being taken before and whe the person is you sent | 4 letter?
5 them to se that I have a chance to serve that 5 A. I'msorry?
6 tmdivideal with cross questions. 6 Q. Cam you identify the first page of Exhibit
7 A. That was not my understanding. That was not 7 HH as a letter you sent to me regarding my
8 my understanding. I'm proceeding pro se. I'm 8 correspondence dated July 20, 20017
9 not an — it's not my understanding. 9 A. Yes.
10 Q. You might want to take a look at the Rules. 10 Q. And were all these attachments attached te
11 And if you need a copy of that Rule 31, I'd be 11 this better?
12 happy te previde that te yeu. 12 A. Yes.
13 We had talked about the injections that you 13 Q. And it emys that these attachments beip
14 said you were unable to afford. Are there any |4. ctartfy your respeeses and answers to Defendant's
15 ether types of treatment that you're alleging you 1S First Set of Discovery Requests. Is that
16 canmet afford because you ne leager have 16 correct?
17 imsurance with Nabisco? 17 A. Yes. For the record, here's where |
18 A. The C-pap machine — at this moment, | can't 18 determined those amounts. These are the
19 recall. The injections, the C-pap machine. | 19 attachments right here on this exhibit, number
20 don't recall any others. 20 HH. That's where | determined the amounts for
21 Q. Have you determined whether your current 21 the relief sought for you.
22 imsurance covers amy type ef treatment for 22 Q. For the henith insurance issue?
23 multiple scleresis? 23 A. Yes.
24 A. No, | have not determined that. 24 Q. Okay. We can take a look at these. Thank
25 Q. Se tt's possible it does. You're not sure? 25 yeu.
09 3
1 A. I don't know. 1 A. And also in the nursing care, that’s where |
2 Q. Have you ever previously filed an EEOC or 2 presented you with these figures.
3 OCRC charge against another empleyer? 3 Q. Okay. If you could turn to your page number
4 A. No. 4 1. At the top of the page it says interrogatory
S Q. Om the lest page of Exhibit CC, I have 5 mumber 5 and you have a list of lay witnesses,
6 listed three requests for admission. The first 6 their eame and address. Are these addresses
7 one is "Admit that Plaintiff was terminated 7 where they live or where they work?
8 because of her performance deficiencies.” 8 A. The last known residence, or thought to be.
9 A. Where are you now? 9 And | also indicated on here that | would provide
10 Q. Page 30, the very last page. Would you 10 you with additional information snd addresses, as
1! adenit or deny Request for Admission number 17 11 many of these people had moved. And | didn't
12 A. Why aren't you showing me the final answers 12 have — this was something that | had to work on.
13 that | sent to you? 13 But I will get all of that information to you.
14 Q. Oh, let me make sure if you answered those. 14 Q. Okay. Mest of these people | think we
1S A. These were the originals, and | sent you 15 discussed the last ttme we met. But could vou
16 other answers. 16 tell me whe Ress Deermaa is?
17 (Thereupon, Defendant's Exhibit HH 17 A. Ross Deerman is — was an employee at
18 to the M.A. Madigan deposition 18 Nabisco. He worked im the warehouse.
19 was marked for purposes of 19 Q. At the same time as you?
20 identification.) 20 A. Yes.
21 BY MS. STOUFFER: 21 Q. And when did he leave Nabisce?
22 Q. Right. And | think in your second answers 22 A. I don't recall.
23 you objected te all three without stating 2 23 Q. De yeu know approximately how old be is?
24 greund. 24 A. He's — he’s im his 60s to the best — maybe
25 I'm handing yeu what's bees marked a1 25 70s.
AKRON COURT REPORTERS CANTON COURT REPORTERS CLEVELAND COURT REPORTERS
330-376-8100 330-452-2400 216-621-6969

ny Sian? >

Margaret A. Madigan
295 Westview Ave.
Wadsworth, Ohio 44281
Direct Dial 330-335-8051

August 2, 2001

Ashley M. Stouffer, Esq.

Buckingham, Doolittle & Burroughs, LLP
50 Main Street

P.O. Box 1500

Akron, Ohio 44309-1500

Re: Madigan v. Nabisco Brands, Inc./RJ Reynolds, Inc.
| US. District Court Case No. 1:00CV02919

Dear Ms. Stouffer:

«have received and reviewed your letter dated July 20, 2001, stating areas of
concern to which I am i
help further clarify my responses and answers to Defendant’s First Set of

Discovery Requests.

>
“laa
=
an
=
— ve oe
. ot.
\o,

AUTHORIZATION FOR RELEASE
OF MEDICAL RECORDS

Ou
mo UY4ATS

RE: Margaret A. Madigan

This is authority for you to give to Attorncy James D. Kurck, of Buckingham, Doolittle &
Burroughs, LLP. 50 S. Main Strect, P.O. Box 1500. Akron, Ohio 44309, or his designee. any
and all information pertaining to any and all injuries or conditions for which you cxamined and
treated mc, including, but not limited to. copics of your office charts. office notes. and any

documents contained in your files regarding, mc.

(‘ opr AM cdns cn
Margaret A. Magigan A
DATE: )— 4. O\

aAK}:424600 te

saat bane

AUTHORIZATION FOR RELEASE
OF MEDICAL RECORDS

RE: Margaret A. Madigan
DOB: 8/12/49
SSN: 261-86-4041

This is authority for you to give to Attorncy James D. Kurek, of Buckingham. Doolittle &
Burroughs. LLP. 50 S. Main Strect, P.O. Box 1500. Akron. Ohio 44309, or his designee. any
and all information pertaining to any and all injuries or conditions for which you examined and

treated me, including. but not limited to, copics of your office charts, office notes. and any

documents contained in your files regarding me.

AUTHORIZATION FOR RELEASE
OF MEDICAL RECORDS

TO: x... Katacrss ;MiD
1 3 Swodon: ABS BA.

Landay eee On 44 a8

RE: Margaret A. Madigan
DOB: 8/12/49
SSN: 261-86-4041

This is authority for you to give to Attorncy James D. Kurck, of Buckingham. Doolittle &
Burroughs, LLP. 50 S. Main Street, P.O. Box 1500, Akron, Ohio 44309, or his designee. any
and all information pertaining to any and all injurics or conditions for which vou examined and
treated me, including, but not limited to, copies of your office charts, office notes, and any

documents contained in your files regarding mc.

{Y\arag > &., eo

Margaret A. Madigan

DATE: i nto Ol

@AK V-484609 Ie

‘
}

ee ee

INTERROGATORY NO. 5: Identify any and all lay witnesses and
the subject matter of each such witness’s anticipated testimony, and all

documents upon which Plaintiff intends to rely in support of her claims at

the trial of this case.
ANSWER:

Lay Witness Name & Address _Testimony/Documents
Mark Perkins — Minneap lis MN ‘-cowledge of disability, and admissions
Maryellen Valaitis — Ccinnati OH knowledge of disability and admissions
Tim Ault — Canton OH knowledge of disability and admissions
Darrell Krueger — Creston OH work conditions

Robb Geissman - Des Moines IA work conditions

Bob Byers - Wadsworth OH work conditions, performance, and exhibit #15
Connie Bihari - Burbank OH work conditions

Dale Riley - Creston OH health

Shelly Moore — Wadsworth OH work conditions

Jean Boling - Parma OH work conditions
- Ross Deerman — Doylestown OH health

Becky Dillon - Rittman OH health

Kyle King - Medina OH health

Sandy Van Drotelyn - Parsippany NJ exhibit # 2

Trish Hilson - Cleveland OH work conditions

Jennette Langston - Akron OH work conditions and cause of death of
her

mother, Willic Brazil, former employee of Nabisco, Seville Ohio.

And the widows of:
Charles Wagar Cause of Death
Charlie Hrbeck Cause of Death
Bra psig HO Cause of Death
Tom Leasure Cause of Death
Bob Gallatin Cause of Death

There are additional deceased Nabisco employees whose names the Plaintiff

will provide as soon as possible. Also, additional information on addresses,

as many have moved and Plaintiff only has phone numbers.

_—--- es a oe

opr

INTERROGATORY NO. 17: Identify all medical expenses incurred
by Plaintiff which are allegedly related to any actions taken by Defendant.

ANSWER: All medical expenses thus far have been paid by insurance
companies or not paid at all. Future medical expenses Or Plaintiff, however,
are expressed in relief sought by Plaintiff.

INTERROGATORY NO. 26: Identify all evidence Plaintiff has
either within or outside her possession to support her allegation that the
ingredients in aspartame and nutrasweet are hazardous and toxic substances
which may cause neurological conditions.

ANSWER:

Exhibit #12 World Environmental Conference and Multiple Sclerosis

Foundation Report - 8 certified copy 1s forthcoming.

INTERROGATORY NO. 27: Identify all evidence Plaintiff has either
«tain or outside her possession v0 support er allegation thatthe ingreciea

in aspartame and nutrasweet exacerbate Multiple Sclerosis.

ANSWER:

Exhibit #12 World Environmental Conference and Multiple Sclerosis

} Foundation Report - & certified copy is forthcoming.

| Exhibit #14

Study done at University of Turku, Finland and presented to 17 World
Congress of Neurolgy in London England — June 21, 2001. — certified copy

forthcoming.

REQUEST FO DUCTION NO. 11: Produce any and all
document relating to any and all treatment identified in response to
Interrogatory No. 14.

RESPONSE: Defendant has been furnished with letters to release
medical information and records from the following Doctors:

Dr. Revere Kinkle, M.D., Multiple Sclerosis Cleveland Clinic, Cleve. OH

., General Practice, Wadsworth, OH
Practice, Wadsworth, OH

REQUEST FOR PRODUCTION NO. 12: Produce all medical records
reflecting the nature and extent of Plaintiff's disabilities.

RESPONSE: Please see MS letter of diagnosis from Cleveland Clinic.
Plaintiff does in fact have Multiple Sclerosis and Fibromyalgia, both

considered by ADA to be disabilities. Defendant has been furnished with

Fietters to release medical information from doctors. More information is

7 forthcoming from Plaintiff's recent medical appointments.

| REQUEST FOR PRODUCTION NO. 13; Produce a copy of all

{ document, notes, calendars, diaries or other documents in Plaintiff's
possession which relate in any way to her employment with Nabisco.
RESPONSE: Other than attached exhibits, Plaintiff can not locate any

other notes, diaries, etc. at this time.

REQUEST FOR PRODUCTION NO. 16: Produce all documents
identified in response to Interrogatory No. 26.

RESPONSE: See attached Exhibit #12 World Environmental
Conference and Multiple Sclerosis Foundation Report.

REQUE eo) ODUCTION NO. 17: Produce all documents
identified in responses to interrogatory No. 27.

RESPONSE: Please see the following attached documents:
Exhibit #12 World Environmental Conference and Multiple Sclerosis

Foundation Report - & certified copy 1s forthcoming.

{ Exhibit #14

} study done at University of Turku, Finland and presented to 17 World

| congress of Neurolgy in London England — June 21, 2001. — certified copy
| forthcoming.
i INTERROGATORY NO.6: Identify each and every expert witness
whose testimony Plaintiff intends to use at the tnal in this case, and describe
the subject matter of each such expert witness’s anticipated testimony, the
substance of the facts and opinions to which the expert is expected to testify
and a summary of the grounds of each opinion.
ANSWER: At this time the only expert witness that the Plaintiff intends to
use at the trial will be from the Cleveland Clinic, unsure of which doctor at
this time. The doctor will testify concerning the nature of Multiple Sclerosis
and how it applys to the Plaintiff.

INTERROGATORY NO. 8 Identify all documents not within
Plaintiff's custody, control, or possession which relate, in any way, to the
allegations set forth in Plaintiff's Complaint or Amended Complaints.
ANSWER: Certified copies of exhibits as needed and will be provided to
defendant, as soon as they become available. Also, see exhibits #15

Plaintiff's Job Review and #16 Maryelien Valaitis e-mail.

e EE ee
id
RE
tail
2
a
t

_ INTERROGATORY NO. 14: Identify any and all medical or health
care providers with whom Plaintiff has treated in the last ten (10) years for

| any physical conditions, including the following: (a) the name of the health
care provider, (b) the specialty of the health care provider, (c) the address of
| the health care provider, (d) the timeframe during which treatment was
provided, (e) the nature of the treatment, and (f) the ultimate results of the
treatment.

ANSWER: Please review your responses from the following doctors for
whom I have given you medical release resquests.

Dr. Revere Kinkle, MD. - Cleveland Clinic — Multiple Sclerosis

Dr. Peter Katsaros, MD.- Wadsworth Ohio general practice
Dr. Finneran, M.D. - Wadsworth, Ohio general practice

te i ease hohe cae’
pe eid cd 1 Uc A Sacto tat .
ES Ue Ses

contained in your pleadings. Please produce specific information and/ or
documents which correlate to the Interrogatory and Request for Production
of Documents.” |

PLAINTIFF'S ANSWER/RESPONSES* Please see Exhibits attached
herewith which have also been previously provided the Defendant.

INTERROGATORY NO. 2: “Beyond the Complaint and Amended
Complaint you filed, identify all specific documents which support the

Snsiiihaitdieianton

| claims that you made in your Complaint and Amended Complaint and who
' provide you with those documents.”

1 PLAINTIFF'S ANSWER: See Exhibits 1 through 16 (13 of which have
‘been previously provided the Defendant by the Plaintiff and are again being,
1 provided herewith). All documents provided thusfar have been

documents of Plaintiff, or documents plaintiff has obtained through research
(computer).

1.) DIAGNOSIS LEI TER FROM CLEVELAND CLINIC TO

, . YELLEN
VALAITIS, AND SANDI VONDRALTELN FROM LYNN MADIGAN
3.) INTEROFFICE COMMUNICATION TO DARRELL KRUEGER
FROM THE PLAINTIFF

4.) PRESCRIPTION FROM CLEVELAND CLINIC TO PLAINTIFF
5.) LETTER FROM DARYL BREWSTER TO PLAINTIFF

6.) INTER-OFFICE CORRESPONDENCE FROM MARK PERKINS
TO PLAINTIFF

7.) RECOGNITION NOTICE FROM BOB S3YERS TO PLAINTIFF
8.) INTEROFFICE CORRESPONDENCE FROM CAROL
LAUFENBERG TO PLAINTIFF

9.) SEPARATION LETTER FROM MARK PERKINS TO PLAINTIFF
10.) DETERMIN ATION LETTER FROM EEOC TO PLAINTIFF
DATED 8/22/00

10A.) LETTER FROM EEOC TO PLAINTIFF DATED 9/7/00

11.) DETERMINATION OF BENEFITS FROM OBES TO PLAINTIFF
12.) ASPARTAME REPORT FROM ENVIRONMENTAL

, REPORT
15.) PLAINTIFF'S JOB REVIEW
. 16.) E-MAIL FROM MARY ELLEN VALAITIS TO PLAINTIFF
9\7) UNIVERSITY OF TURKU, FINLAND RESEARCH

INTERROGATORY NO. 3: “Identify every person at Nabisco or
previously at Nabisco who is aware of the circumstances surrounding the
termination of your employment and any other claims you have made in this
case’

| pLAINTIFF’S ANSWER: To the Plaintiff's knowledge, persots aware
4 of the circumstances surrounding the termination of her employment are,
5 Mark Perkins, Maryellen Valaitis, and Tim Ault. Other persons that may be

} REQUEST FOR PRODUCTION NO. 2: “Beyond the general relief
you have requested in this case, produce every document which reflects the
amount of damages you are seeking.”

provide to the defendant, which shows appreciation of expenses based on
national inflation rates over Plaintiff's life expectancy of the next 40-50

Attached herewith to assist in compiling Plaintiff's relief sought:

Medical Mutual insurance Rate Chart
Liberty Residence schedule of Service Charges

INTERROGATORY NO.14: “You responded that you do not recall
the identity of any of your health care providers over the last 10 years or the
nature and extent of treatment that was provided, however, you completed
three Authorizations for release of Medical Records, naming three separate
physicians. Therefore, please provide the information requested in
Interrogatory No. 14 with respect to those physicians.”

PLAINTIFF'S ANSWER: The Cleveland Clinic has been my major
Healthcare Provider for the last 15 years. | have seen numerous doctors
there and cannot recall all the names. The doctor that I continue see,
specifically for Multiple Sclerosis, is Dr. Revere Kinkel, M.D. He has
access to all of my medical information, as do all doctors at the Cleveland
Clinic. The Cleveland Clinic is an internationally reknown Healthcare
facility. Dr. Katasaros, M_D. and Dr. Finneran, M_D. are local Wadsworth
facility. ee aoen for minor problems thos. on in order to
avoid the long distance drive to the Cleveland Clinic.

Pterty Residence

Gracious Independent & Assisted Living

Fee Schedule & Supplemental Service Charges}

' ROOM ROOM 0-1 2-3 4-5 6-10
3 NAME TYPE assists * ASSISTS ASSISTS ASSISTS
3 Jefferson Small | $75.00/day $85.00/day $95.00/day $105.00/day
Studio
Franklin a $85.C0/day $95.00/day $105.00/day $115.00/day
io
ashington One $90.00/day $100.00/day $110.00/day $120.00/day
Bedroom
Lincoln Suite | $100.00/day $110.00/day $120.00/day $130.00/day

*Q-1 assists is considered Independent
Above fee schedule includes room, basic services, and assist levels based
on functional assessments. Prices are per person.

Assist levels are determined by the HealthCare Coordinator after
completion of functional assessment.

| Guest Meals: Breakfast - $2.50 Lunch - $4.25 Dinner - $7.00
Pharmacy Services: In House pharmacy services are available at no charge. If
service is desired, it must be authorized with the HealthCare
Coordinator/Administrator.
Beauty Salon: Per Salon charges

Personal Laundry: If you prefer to have your laundry done by our staff, there is a
charge of $4.00 per joad to wash, dry & fold.

Cable Upgrade: Basic cable is included at no charge. To have your cable
upgraded, contact Wadsworth Cable @330-335-2888

Telephone Hookup: Contact GTE @ 1-800-483-4600 (community is not responsible)
Personal Transport: There is no fee for scheduled transportation on Tuesdays &

Thursdays. Non-scheduled days will incur 2 .50/mile charge.
Out- of- town transport is $6.00/hour after approval.

1034 Freedom Drive * Wadsworth, Ohio 44281 © (330) 334-3262

REQUE R PRODUCTION NO. 14.: “You stated that your state
and federal income tax returns for the years 1997 through 2000 and your W-
2 forms and paycheck receipts are inaccessible. Please attempt to locate any

such documents as they are necessary for the purpose of calculating your
damages in this case.”

PLAINTIFF'S RESPONSE: All tax returns and paycheck receipts for

years prior to 2000 have been destroyed by me. I ycheck
receipts, and, I can not locate my 2000 tax W-2 forms. ~

GA 0.19: “You answered it is “not applicable”
whether you have been convicted of a misdemeanor, felony or other crime
involving an act of dishonesty. This information is discoverable and an
answer must be provided.”

PLAINTIFF'S ANSWER: _ To the extent that the following can be
construed as “dishonest” I am providing the information following:
DWI conviction 1980 Medina, OH, Disagreement of monies due me 1985,

North Hollywood, CA., monies still due me. This all the information | have
on these two items.

uest for Nos. 1,2 & 3:

Request for Admission No.1: Admit that Plaintiff was terminated
because of her performance deficiencies.

Request for Admission No.2: Admit that Plaintiff was not as
qualified as her replacement for the position of Production Planner.
Answer: The Plaintiff Objects.

SE hen Bose te 60 hi ee 0 asm ee re . ‘ -

Request for Admission No. 3: Admit that Plaintiff was not
obligated to sign Nabisco’s Separation Agreement.

Answer: The Plaintiff Objects.

Respectfully, answered to the best of my knowledge this 3" day of

August 3, 2001. Bs
ena blll Mad ge so tary
A. Madigan prof, Plamtiff. ~ =

( LA po ‘J PRE CO Ler the MOF SI ae oe ge 1% Cf tt Ph

THE CLEVELAND CLINIC FOUNDATION

COTO Eceectiel Nwecraeees Che wehaned Oolpien 219m Soe,
N Nuttiemel Rkecteceec al Clecneters NUD Ge aterne netic ened bes abel Bless cere ce
Dhineoded Nlitseeseneotes NE OD
Netaokniy / seme
Po ee September 16, 1992

Mrs. Margaret Madigan
295 Westview
Wadsworth, OH 44281

Dear Mrs. Madigan:

It was a pleasure mecting you on July 21, 1992. You were
referred to us from the Primary Care Department at the Cleveland
Clinic. Let me summarize your complaints.

About 10 days prior to your visit you noticed left upper
extremity weakness. You also had mild tingling in the left hand,
lasting minutes. The next day during an indian pow wow, you began
dropping things when using your left hand. Over the next five
days, this got worse to the point that the left hand was quite
useless. There was no sensory loss, cranial nerve symptoms,
balance problems or problems with bladder or bowel. The other
three limbs were unaffected. There was no progression of your
symptoms. You denied pain and tingling.

In 1988, you were seen by Dr. Sweency at the Cleveland Clinic
for a history of rightsided incoordination and slurred speech and
blurred vision. An MRI at that time showed right middle cerebellar
peduncle "lesion". These symptoms improved over six wecks. Later,
you had a transient episode of "a shade being pulled in front of
your right eye".

Your past history was significant for fibromyalgia in 1985,
urinary tract infection and being overweight.

The general physical examination was unremarkable. On the

q neurological examination there was a left arm drift. Pronation and

4 supination were mildly weak and the wrist dorsiflexion was 3+/5,
wrist volar flexion was 2+/5, finger extensors 1/5, hand intrinsic
0/5. Muscle stretch reflexes were slightly diminished in the left’
biceps. The remainder were normal. The remainder of the neurolog-
ic examination was within normal limits.

We did a number of laboratory tests. A complete blood count
and serum chemistry profile were normal. Sedimentation rate was 10

Cy billnt a

! of On

dn ans

Sed

Mrs. Margaret Madigan
cC#: 1-805-531-7
Page 2

mm/hour. Blood lead levels were normal. A visual evoked potential
was within normal limits. Serum B12 level was 240 mcg/ml (normal).
Cerebral spinal fluid (spinal tap) evaluation showed an RBC count
of 3/ul, WBC count of 18/ul and a differential count was 93%
lymphocytes and 3% monocytes. The CSF glucose was G3 against a
blood glucose of 89. A Tourtellotte formula was obtained and this
showed an increased CSF IgG of 15.1 mg/dl, IgG/albumin ratio of
0.60, IgG synthesis rate of 55.2 mg/day and an IgG index of 1.77.
All these clearly abnormal values. A serum anticardiolipin
antibody was obtained and this showed moderately elevated IgG but
normal IgM and IgA.

An MRI of the head showed multiple foci of abnormal signal in
the white matter bilaterally, compatible with a demyelinating
lesion.

A surface echocardiogram was within normal limits.

A lipid profile showed a total cholesterol of 235 which is
moderately elevated and an LDL cholesterol of 161 which is high and
a HDL cholesterol of 36.

As I discussed with you, the overall picture seems to fit best
with a demyelinating illness such as multiple sclerosis. We
suggest the following: 1) avoid situations which could potentially
increase body temperature; 2) follow-up with us in six months.
-Please call for an appointment approximately two months' prior to
the expected date of the appointment; 3) if you are interested in
looking at research protocols for multiple sclerosis, we could
refer you to the Mellen Center; 4) no specific intervention is
indicated at this time; 5) consultation with a general physician
regarding management of the moderately elevated cholesterol.

Once again, it was a pieusure participating in
Please do not hesitate to call us with any questions.

Yours sincerely,
7
dawg h Kwrrar
Suresh Kumar, De
In the Serv }ce

Hiroshi Mitsumoto, M.D.

SK/as
rec'd 9-17-92/tr. 9-18-92

© xh ban -
de{ WK

12/21196

{Mave made the following observation of Peg’s condition:

Fea is and has been experiencing physical symptoms which may lead to a more serious.

sae rbation of her multiple sclerosis as a direct result of undue stress being subjected to at

Cs by hostile work environment which is being perpetuated by management. For example.
Manscling notes” which were presented to her on 12/20/96 by Tim Ault and Maryellen Vaiaitis
uide of a structured review - citing alieged incidents from various coworkers which thes2
@duais neither presented to Peg nox resulted in confrontation. Thus, she was unaware of

alleged perceptions of interactions.

‘Nabisco was presented with standards which were to be immediately met and sustained:

E A

| Several years ago when Peg was diagnosed with MS- i.e. the necessity for temperature
igo! of work environment and avoidance of undue stress.

Mese standards are important because of the following impact on Peg's life:

B the aforementioned conditions are not met and respected then Peg’s health may be
ted on a temporary or even permanent basis.

) m informing Nabisco of the following with respect to these aforementioned issues:

©
| Peg has organized her office space for maximum efficiency of job performance based on

ifevations she has Created over her “years” of successful service to Nabisco.

) These issues are very serious:

’ Ns her next of kin, | will see that her legal rights are protected, even if Peg lacks stamina to

sO.

eiPicase see attached copy of Counseling Notes

¥Pn Madigan ~ o Mebap—
Tim Ault
Mark Perkins

Maryellen Vaiaitis
Sandi VonDraltein

COUNSELING NOTES
I have made the following observation of Peggy’s conduct/performance:

Peggy you have “blocked” the access window with binders. It prevents drivers and
employees from having easy and direct access to you to conduct business.

Peggy you have built an office area around you that separates you from
the rest of the team and makes it difficult for open communications.

Your comment to Cathy Roy on Wednesday, December 4th that you “deserve

hunch because you do everything” is an example of placing yourself outside
the team.

Peggy, Schneider representatives, expressed concern over working with you and
being treated courteously. Bob, the shuttle driver, stated that you addressed him in
a mean and nasty way when he approached you about pulling loads out and that you
threw bills across the desk for him to sign. Bob also cited that there is

lack of communication between the two of you. You did not

on 12/3 that 2 loads were he is trying to service our
account but encount fel Sing. trie nel ortaar gi

I have informed Peggy of the following
immediately met and sustained:

that are to be

Do not block the access window between the warehouse and your office
area.

Address Bob as well as employees, visitors, phone calls etc in a courteous business
like manner.

Communicate with your team members including your manager on all appropriate
work related issues (i.¢ , warehouse issues, overtime)

These standards are important because of the following impact on the
work environment:

1 is important that drivers have professional and easy access to you to
conduct business in a timety and efficicnt manner,

We work as team within the warehouse and the Seville Plant. It is
critical that open two-way communication takes place

Getting the tangible work done is only a portion of your responsibilties. How you
get it Gone, and how you interact with the team and customers is also a significant

portion. If you get the job done but have isolated others while doing so you have
not been truly successful as a team member.

4. I have informed Peggy of the following with respect to these performance issues

These issues will be reflected in the performance review. The review will either state that
the issues have been addressed or that improvement is still required.

These performance issues in Teamwork and Cross-functional Effectiveness are very
serious. Pegay’s effectiveness as 2 Warehouse Clerk is dependent upon her immediate
attention and improvement. Tim Ault & Maryellen will continue to assist Peggy however, if
these issues are not addressed adequately in the next 30 days, further disciplinary action will
be taken including being placed on a Plan of Corrective Action to formally address these
issues.

5. These matters will be reviewed on Friday, January 24, 1996.

: To: Darrel Krueger
From: Peaay Madison
Date: April 26,1996

Subject: Utilization of office space

Use of the vacant office in shipping would provide the following benefits for the
shipping/receiving/warehouse functions:

1) Privacy would provide a more
: switchboard and shipping/receiv
is on the dock)

professional sounding background for answering
ing calls (presently sounds to the caller as though the

2) Privacy provides a quiet , more productive work environment (presently noise from p
j and other employees in the open office can be very distracting)
:

3) Better lighting benefits vision

4) More space provides room for better organization of current shipping/receiving record
(and more space for future paperwork for any cO-packing projects)

5) More space provides better access toe

quipment (calculator, computer, typewriter,
switchboard, printer)

6) Better air ventilation and circulation for the person who is in the office all day (Pea)
7) Access to window view of front parking lot gives a better idea of what trucks are arrivi:
or parked (expedites decision making)

8) Provides Capability to “lock up” switchboard if we deem necessary (security)

9) Open office (Peggys’ present Space) can then be used by employees to take on
responsibilities of printing tickets for cross docks

10) Bar-code printer can be moved to a more accessible area, so all employees can reach
11) Open office can provide space for trai
print receivers

ning of employees to trace Packaging materia!,
12) A private office would provide

a better atmosphere for Peggy to concentrate on
developing new procedures and co

mputer applications tc further streamline job functions

Exits * 3

Bride ne Aes es ae DIY

dai AK hades aeons

THE CLEVELAND CLINIC FOUNDATION DATE PRESCMBED
9500 Euclid Avenue (Ai East 930d Sireot) NOT VALID FOR
SCHEDULED DRUGS lI}

Cievetand, Ohio 44195 T : (246) 444-2200
Patient Name: Wiel 7 td History No.: hati AE
Sirect Address: U City: State.

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USE a eete Codtan
PANN a'tbean? "PES.

Dirvl Brewster
enseh-ent

December 22, 1996

Margaret Madigan
SPC/Seville

Dear Margaret,

| would like to extend to you, on behalf of the Specialty Products Company and
Nabisco, our sincere bes! wishes and appreciation on the occasion of your ten-
year anniversary with the Company.

| hope that the past ten years have been interesting and rewarding to you and
wish to thank you for your contribution over the years.

Again, congratulations and best wishes for your continued success and
happiness.

Best regards,

V We
Daryl Brewster

\ ale Slain PUINUDEWN

‘ TO DATE.

2 PEGGY MADIGAN JANUARY 3, 1995
FROM i wi corns TO

4 MARK PERKINS M. EVERS

K J. JONES

© ornecr. D. KRUEGER

4 PLANT MANAGER M. VALAITIS

y

SUNJECT

1994 ACTIVITIES

Niginadi bed iw BEERS,

As a member of the employee activity committee, you provided valuable
services to the Seville Team. The numerous activities your group planned
in 1994 were appreciated by many. I want to thank you for your ideas and
commitment to others on our team. This is an attitude that needs to be
fostered throughout our team.

Cee een Mr bag
f 1 a a ick oS i yh

—

1 look forward to your continued efforts in making Seville the best it can

‘
zl be. Together, we can achieve our goals. Thanks again for a job well
- done.

Pome Santa may have been the highlight. Great job Santa!!

MP95S .002

1 — | éy begets! L.

SSR A ELEM EN BME AI TET, BCR OO

PEE Oot ee toms

RECOGNITION NOTICE

Employee kt: Ce be Pleac!gg gan Date 97°15°9S
Team thee hous

This note is to express appreciation for:
Doe fe oe lack of commeoatabie. Attutin Ve wwarehoAe
Aad cor =p rn te lis %, betes wrseaac! aa eviccighe lee skyrmenT
ct a er Yonss pack SAipoe = . Reel & pe the nem
Ac Erteoh? , picky Peay Pas Keynes eel VkL pempeo~tance ak phos
chysonent Pry rT A oscksa ¥A home wirh Rien anal m
delwereel Tt pigranily fe the 7Aichoone of Free 2 ois ance’
vf 35 miles rod ondir Laut fe make phar enn Fhort
and to Gul Ove Commitment fu rhe sales prevple em 3 Toxas |
Her writhag ness fe Sac rife her Free may be oa Key tv
YL Seat Success ef Vy sanckwell liad,

This is the type of situation which contributes to the GOOD of the Seville
Plant. It is a real pleasure to take this moment to say Thank You!

Madigan, Margaret

From: Laufenberg, Carol Annc
} sent: July of 31, 1997 16:03 .
3 To: Lea, Tracy; Russ, Trent; Madigan, Margaret
@ Cc: Bruno, Anthony; Aull, Tim
* Subject: RE: Seville
* Seville Update:

Peggy has been speaking with Monica at Schneider on a daily basis about inbounds, and so far the results are
very positive! Loads are being identified earlier and brought in so we can turn them around and meet our case
fills at the DC’s. This is a big step and greal progress for Sevilic!

| Peggy.

* Please continuc to contact myself/and or Tracy when you sec late shipments from copackers in the system. We
will ensure that they take care of these laods so we do not run into the problems we have had in the past.

Trent,
> Thank you for all of your hard work coordinating Schneider and Seville and working with Tracy to help shorten
lead times.

Tracy and | are working on the MR fields with tier products. We hope to consolidate the information and enter it
4 into ORP within the next two weeks.

| would like to schedule thal conference call al the end of August/beginning of September if that is all right with
everyone.

Thanks everyone, great team effort, we arc making progess'

Carol Anne

5
4
From: Russ, Trent
Sent: Wednesday, July 30, 1997 11:06AM
To: Lea, Tracy
Ce: Laufenberg, Carol Anne
Subject: RE: Seville

That sounds great! This process will ensurc thal no loads arc lost between the cracks.

Thanks — Trent

From: Lea, Tracy

Sent: Wednesday, July 30, 1997 9:15AM
To: Russ, Trent

; Subject: Nt: Seville

ihn Sanh akan Ni i A adit Rett FRI a a wy $a VD dias

3 Deployment should contact the copacker. Peggy should e-mail Carol Anne and myself with the details,
a and then | will have my deployer follow up immediately and respond.

Sound good?
Sracy os
: SLAF

Page 1

Rae a et Sees

Se eee eae

ee

From: Russ, Trent

Sent: Wednesday, July 30, 1997 8:57AM

To: Lea, Tracy

Subject:

Schneider has confirmed that Seville is checking the inbound loads on a daily basis. The only
question | have is: If a load has been scheduled to ship out of a co-packer and the co-packer has not
contacted Schneider about the load and the load is past duc to ship, who should contact the co-
packer to see whal is going on? Peggy? Deployment?

1 would think Peggy should put up the flag to deployment who would follow up with the co-packer. Let
me know what you think.

Thanks — Trent

P.S. Any luck with the parameters on 384 and 208?

VEO Octo eons ie be Mee?

NABISCO kt gry dlls

Piss Chloe eee iN

September 2, 1997

Ms. Peggy Madigan
295 Westvicw
Wadsworth,OH 44281

Dear Ms. Madigan:

This letter constitutes the entire agreement between Specialty Products Company an operating
company of Nabisco, Inc. (the “"Company’), its successors and/or assigns, and you regarding the
separation of your employment relationship with the Company. You are eligible for the
Company's Salary and Benefit Continuation Program CSBC”) which is designed to provide you
with a period of time during which the Company will continue to pay salary and benefits so that
you can make arrangements for the next stage of your career. This letter scts forth the terms
and condi.ions under which you agree to participate in the SBC. Ptease read this letter carefully.
Then sign the copy of this Agreement where indicated on the fast page and return it to me by
September 23, 1997.

2 You will continue as a regular, full-time employee through September 30, 1997. If you
voluntarily quit or are terminated by the Company for violation of Company rules,
policies, guides or standards of conduct before that date, you will not participate in the
SBC or receive the SBC benefils described below.

On October 1, 1997, your SBC Date, you will be placed on a leave of absence with pay
for inactive employees and you will be paid semi-monthly at the rate of $24,400 per
year through December 15, 1997, your official “Separation Date” for Company records.
All payments are subject to normal deductions for taxes, benefit program Ccontridutions
and other payroll deductions. This period of paid icave of absence is referred to as
“Salary Contini:ation” and is provided in order to preserve the Company's access to
you during that period although you will be relieved of all your normal job duties and
responsibilities. You agree that you will personally provide reasonable assistance and
cooperation in locating or obtaining information conceming the Company (past or
present) about which you are knowledgeable.

You acknowledge that as of September 30, 1997, your active employment with the
Company, or any of its affiliates, will be terminatcd.

Z: if you beceme employed by any Company affiliate on a regular, full-time basis at any
time prior to the end of your period of Salary Continuation, all payments or bencfits
under this Agreement, shall cease as of your date cf hire and you agree that you will
Sign a waiver regarding the forfeiture of those rights and benefits.

If you become employca by any Company affiliate after you have commenccd to
receive an annuily from the Company, any monthly retirement payments will be
suspended during the period of your active employment. Upon your subsequent
retirement, your retirement benclits shall reficct the accrual of any additional retirement
benefits as provided by the applicable retirement plan for the period of service
occasioned by your rchirc.

During Salary Continuaiion, if you become employed by an employer not affiliated with
the Company, Salary Continuation payments and participation in the SELECT Flexible

i. ae
” x \" Ot
/ bert ar

—————— ee —

WA SLE GP DAIBESE.

Ae tae SP al a et ek Sa Fo

ip ttalpnint it arrose? Vera Mats ecater

SMa ASIN RRC iho LA SO

BNE LIL RAEI

Peggy Madigan -2- September 2, 1997

Benefits Program will continue until your Separation Date, subject to coordination of
benefits rules, as applicable.

If you dic during Salary Continuation, Salary Continuation payments will cease, but any
amounts that would have been paid to you had you lived until your Separation Date will
be paid in a lump sum to your spouse, or if you do not have a spouse, to your
designated beneficiary under the Company's Core Group Life Insurance plan.

All unused vacation attributable to the year in which your last day of active
employment occurs will be paid in a lump sum bascd on your current base salary, iess
applicable taxes, at the end of Salary Continuation.

Prior to your SBC Date, you are expected to submit Expense Reports for all
outstanding travel, entertainment and other business expenses. If ary expense
report(s) reflect any amounts owed to the Company, such expense will be deducted
from Salary Continuation payments, as necessary.

Prior to your SBC Date, you must return all Company equipment such as personal
computers or the value of such equipment, as determined by the Company, shail be
deducted from the calculation of your Salary Continuation, if applicabic.

Benefits

During Salary Continuation, you may continue to participate in the employee bencfit
programs in which you participated as of your SBC Date except as otherwise provided
in this Agreement or by the terms of the individual program. You may participate as
though you were an active employce, subject to the continuation of applicabic payroll
deductions. You are not cligible for Short or Long Term Disability benefits during
Salary Continuation.

Nabisco maintains the right to determine whether changes and/or new benefit
programs implemented after the date of this Ictter apply to you, unless otherwise
required by law.

The following is a summary of benefit continuation.

Pension
You are vested in the Retirement Plan for Employees of RJR Nabisco, Inc.

if your lump sum benefit is equal to or less than $3. 500, you will automatically receive
a lump sum payment shorily after your Separation Date. Otherwise, you will have an
irrevocable choice of receiving your benefit as a lump sum or an immediate annuity, or
electing a deferred annuity which can commence no later than age 65. Appropriate
election forms will be provided to you on or about your Separation Date. Note: If you
receive a lump-sum payout, you may elect to “roll it over” to your Capital Investment
Plan account, an IRA, or another company's qualified plan.

In addition, in an effort to streamline the pension processing effort, picase provide a
copy of your Birth Ceniificate, and where appropriate, Marriage Certificate, divorce
papers and spouse's Death Cenificate, along with your signed SBC Icticr.

Medical/Dental ]
Your present benefit ciections under the SELECT Flexible Bencfit Program as an

active employee will continue during the period of Salary Continualion. Should you
become employed by an employer not affiliated with the Company, health care
coverage provided by your ncw employer will be coordinated with our plan benefits.

Pegcy Madigan -3- ~ September 2, 1997

All coverage under SELECT benefits will cease at the end of the month during which
your Salary Continuation ends. Notice of continuation coverage options for medical
and/or dental (COBRA) will be mailed to you at that time. If you have not enrotied in
an allernative employer's medical and/or dental covcrage program, you may ciect
continuation coverage (COBRA). The monthly premium will be 102 percent of actual
plan cost as provided in COBRA. Specific costs and details will be provided at the
appropriate time.

apital inv ent Plan (CiP
During Salary Continuation, you may continue to make contributions to the Capital
Investment Plan (CIP*), and retain all other rights under the plan, including the right to
transfer investments between funds, change your contribution amount, and to requesi
withdrawals. However, no loan applications will be approved during Salary
Continuation. Following your Separation Date, your account balance will be distributed
to you in accordance with the terms of the Plan. If your vested account is less than
$3,500, a cash lump sum distribution will be processed automatically, otherwise, you
may elect to take distribution at anytime prior to age 65. If you leave your money in
your account following your Separation Date, you will no longer be eligible for partial
withdrawals. If you wish to receive any of your account following your Separation Date,
you must withdraw your entire account which can then be “rolied-over into an IRA or
another employer's Plan. If you have an outstanding loan, it must be repaid at
termination or it will be considered a withdrawal and you will be responsible for any
taxes due. For additional details of your account, please call 1-800-INTO ABC.

Scholastic Savings Plan (SSP)

| , You may continue to participate or newly enroll in the RJR Nabisco Scholastic Savings
4 Plan during Salary Continuation. Upon your Separation Date, no further contributions

: will be permitted, however, your accoun\(s) including the Company match will be

4 maintained with continucd interest growth. Distribution of your account(s) will be

processed in accordance with program rules for active employecs.

ig Sich tena atka

In addition, you may apply for an RJR Nabisco Scholastic Loan during Salary
5 Continuation. You will continue to be eligible for the interest subsidy for the life of your
‘ outstanding loans (e.g.. RJRN Plus Loan or RCFCU/RJRN Scholastic Loan).

8. You are entitled to use the outplacement counseling service designated by the
. Company for which the Company will pay not more than the normal and reasonable
: fee. You are not obligated to use this service, but the Company urges you to consider
; this service as one of the avenues to finding new employment. Details of this service
: will be provided by Edward Lultner and Associates.

9. You will be eligible for tuition aid reimbursement for courses which are approved and
commence prior to SBC. '

10. You shall maintain the terms and condilions of this Agreement in confidence. In
addition, you will not disclose (o any other employer or person any trade secrets or
other proprietary or confidentia! information penaining to the Company or its affiliates.
In accordance with normal ethical and professional standards, you will refrain from
taking actions or making statements, wrilten or oral, which disparage or defame the
goodwill or reputation of the Company, its directors, officers, execulives and
employees or which could adversely affect the morale of other empioyecs.

Bet BU aeah ENDL alae aa Ae ada BS

SG st Ae

' | 4
(345)

—oOorererr,S rere nT

Peggy Madigan -4- September 2, 1997

hk

12.

13.

14.

Except as otherwise stated herein, no benefits (other than those provided by a tax-
qualificd plan or trust) or promise hereunder shall be secured by any specific assets of
the Company. The payments under this Agreement shail not be assigned by you or
anlicipated in any way and any such attempted assignment will be void.

For your period of SBC, you agree not to make application for unemployment ;
compensalion applicable to that period.

a) You agrec that you will personally provide reasonable assistance and cooperation to
the Company in activities related to the Proseculion or defense of any pending or future
lawsuits or claims involving the Company. b) You will promptly notify the Company if
you reccive any requests from anyone other than an employee or agent of the
Company for information regarding the Company or if you become aware of any
potential claim or proposed litigation against the Company. c) You will refrain from
Providing any information related to any Claim or potential litigation against the
Company to any non-Company representatives without cither the Company’‘s written
permission or being required to provide information pursuant to legal process. d) if
requircd by law to provide sworn testimony regarding any Company-related maticr, you
will consult with and have Company-designated legal counse! present for such
testimony. ¢) The Company will be responsible for the costs of such designated
counsel and you will bear no cost for same. f) You will confine your testimony to items
about which you have knowiedge rather than speculation, unless otherwise directed by
legal process. g) You will cooperate with the Company's attomeys to assist their
efforts, especially on matters you have been Privy to, holding all privileged attomey-
client matters in strictest confidence.

Nothing in seniences c-g of the above paragraph is intended to apply to governmental
Of judicial investigations; provided, however, the Company will reimburse you for legal
expenses if you are compclied to appear in a governmental or judicial investigation.

THE COMPENSATION AND BENEFITS ARRANGEMENT SET FORTH IN THIS
AGREEMENT IS IN LIEU OF ALL RIGHTS OR CLAIMS THAT YOU MAY HAVE
WITH RESPECT TO SEVERANCE BENEFITS, REEMPLOYMENT, OR ANY OTHER
FORM OF REMUNERATION FROM THE COMPANY AND ITS AFFILIATES, AND IN
CONSIDERATION THEREOF, AFTER THE OPPORTUNITY TO CONSULT LEGAL
COUNSEL, WHICH YOU ARE HEREBY UNCONDITIONALLY SO ADVISED TO DO .
IN CONNECTION WITH THIS LETTER, AND PARTICULARLY, THIS PARAGRAPH
WHICH IS A WAIVER AND RELEASE, YOU HEREBY RELEASE THE COMPANY
ANDO ITS AFFILIATES, THEIR DIRECTORS, OFFICERS, EMPLOYEES. AND
STOCKHOLDERS FROM ALL CLAIMS OR ACTIONS ARISING FROM OR IN ANY
WAY RELATED TO YOUR EMPLOYMENT OR SEPARATION OF YOUR
EMPLOYMENT, INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS ARISING
UNDER THE FEDERAL AGE DISCRIMINATION IN EMPLOYMENT ACT CADEA”),
AMERICANS WITH DISABILITIES ACT (ADA), TITLE Vil OF THE FEDERAL CIVIL
RIGHTS ACT, THE CIVIL RIGHTS ACT OF 1991, OR ANY OTHER FEDERAL.
STATE OR LOCAL STATUTES OR COMMON LAW CONCERNING EMPLOYMENT
ANDO YOU AGREE TO BRING NO ACTION, CHARGE, SUIT OR OTHER
PROCEEDING IN CONNECTION HEREUNDER. THIS SECTION AND THE
RELEASE HEREUNDER SHALL NOT APPLY TO CLAIMS ARISING UNDER ADEA
AFTER YOUR “SBC DATE”. IF. AFTER READING THE FOREGOING, YOU SIGN
THIS LETTER PRIOR TO A 21-DAY REVIEW PERIOD, YOU WAIVE SUCH REVIEW
PERIOD.

If the Company reasonably determines that you violate any of your obligations under
this Agreement, then the Company may. at its option, terminate the Salary
Continuation and any other benefits hereunder. The Company may demand the return

a9er mr eu °
, sake

Peggy Madigan -5- September 2, 1997

of all Salary Continuation payments already made and you hereby agree to return such
payments upon such demand. If you fail to do so, the Company has the right to
recover Costs and attomcey’s fees associated with such recovery. The RJR Nabisco
Employee Benefits Committee and its designated representatives have the exctusive
authorily to interpret this SBC and their decisions are final, conclusive and binding on
the Company and you.

16. This Agreement may not be amendcd except in writing signed by you and the
Company and no amendments or modifications are coniemplated at this time.

17. Your obligations as set forth in this Agreement will survive indefinitely.

18. A copy of the SBC Program is attached to this letter. If you have any questions,
contact Maryelien Valaitis.

19. This agreement may be revoked by you for a period of seven (7) consecutive calendar
days afier you have signed and dated it, and after such seven (7) days, it becomes
final.

Please indicate your acceptance of the terms of this Agreement by signing this ictter and
retuming it to me.

Sincerely,

Specialty Products Company

Whi MALE

Mark M. Perkins
Plant Manager

Understood and Agrecd:

Peggy Madigan

Date

mags A

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Cleveland District Office 1660 West Second Sucet, Suite $50
\ — Cleveland, Ol 44113-1454
‘ o°
¢ 4 (216) $22-2001
ae ,¢ Non, TTY (216) 522-8441
\ ac ‘ * » FAX (216) 522-7395

Charge No. 220981021

Margaret A. Madigan
295 Westview Avenuc

Wadsworth, Ohio 44281 Charging Party
Nabisce In=.

>i8O Greenwich Koad

Seville, Ohio 44273 Respondent

DETERMINATION

Under the au:honty vested in mc by the Commission, I issuc the following determination as to the
merits of the subject charge filed under the Age Discrimination in Employment Act of 1967, as
amended (ADEA), and Title I of the Americans with Disabilities Act of 1990, as amended
(ADA).

All requirements for coverage have been met. Charging Party alleged that she was discriminated
against by being terminated duc to her age (over 40), denied a reasonable accommodation duc to
her disability and asked to sign a General Release that was in violation of Title VII of the Civil
Rights Act of 1964, as amended (Title VII), the Age Discrimination in Employment Act of
1967, as amended (ADEA), the Equal Pay Act of 1963, as amended (EPA), and Title I of the
Americans with Disabilities Act of 1990, as amended (ADA).

Reenandent denies the zilegetions.

After a thorough review of the evidence, there is not reasonable cause to believe that Charging Party
was discniminated against duc to her age or her disability. Based on the foregoing, I have determined
that the evidence obtained during the investigation does not establish a violation of the statute.

The Charging Party may only pursue this matter by filing suit against the Respondent within
90 days of receipt of this letter. Otherwise, Charging Party’s right to suc will be lost.

However, with regard to the Waiver/Releasc, investigation reveals that Respondent asked Chargine
Party to sign a “General Release of Claims”. This "General Release” fails to mect the criteria

for a knowing and voluntary waiver, in accordance with the "EEOC Guidance on Waivers Under
Civil Rights Laws", dated April 10, 1997, final regulation published at 63 Fed. Reg. 30624 on July

5, 1998, and effective July 6, 1998. Pro, ee l S
( I of 2)

EE

Charge Number: 220981021 Page 2

‘

Moreover, the waiver provision may produce a chilling effect, thereby undermining the
Commission's ability to enforce Title VU, the ADEA, the EPA, and the ADA. Thesc provisions
may intimidate or have the cffcct of intimidating employces and create disincentives for them to
cooperate with EEOC in safeguarding the public interest.

Upon finding that there is reason to believe that a violation has occurred, the Commission attempts
io eliminate the alleged unlawful practice by informal methods of conciliation. Therefore, the
Commission now invites the Respondent to join with it in reaching a just resolution of this matter.
The confidentiality provisions of the Title VII, the ADEA, the EPA, the ADA, and Commission

Regulations apply to information obtained during conciliation.
if «ne Respondent deciines to discuss settlement or when, for any other reason, a settlement
acceptable to the office Director is not obtained, the Director will inform the parties and advise them

of the court enforcement alternatives available to aggricved persons and the Commission. A
Commission representative will contact each party in the near future to begin conciliation.

On Behalf of the Commission,

“AUG 2 2 2000 [Prabal CB

Date Michael C. Fetzer
District Director

— CCC

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Cleveland District Office 1660 West Second Street, Suite $50

Cleveland, O11 44113-1412
(216) $22-2¢31
| TTY (216) 522-8441
FAX (216) 522-7395
Website: www.ecoc.gov

Charge Number: 220981021
Charging Party: Margaret Madigan

Respondent: Nabisco, Inc.

Ms. Margaret A. Madigan
295 Westview Avenue
Wadsworth, Ohio 44281

Dear Ms. Madigan:

Your case will be referred to the Regional Attorney for review to determine whether EEOC will
bring civil action in Federal District Court against the respondent. A determination will be
forthcoming in the near future.

If EEOC decides not to bring a civil action under Title VII of the Civil Rights Act of 1964, as

| amended (Title VII), the Age Discrimination in Employment Act 1967, as amended
(ADEA), and Title I of the Americans with Disabilities Act of 1990, as amended (ADA), you
_ _ will have the right to seek to intervene in such an action. If EEOC decides that it will not bring a
civil action under Title VII, ADEA, and the ADA, based on your charge, you will be notified
and will reccive a Notice of Right to Suc, which will entitle you to sue the respondent under this
statute.

On Behalf of the Commission:

SEP 07 2000 ubouk¢. Aegr

0
r 6=-—dDate Michael C. Fetzer Y
Distnct Director

pita Oo
30{3)

OHIO BUREAU OF EMPLOYMENT SERVICES

DETERMINATION OF BENEFITS

i's Name Benefit Year Ending Date Social Security Account Number
DIGAN, MARGARET A. 35/98 26 1-86-4041
DTICE 1S A DETERMINATION ON A CLAIM FOR UNEMPLOYMENT BENEFITS ISSUED IN Date
€ WITH THE PROVISIONS OF SECTIONS 4141.28&(0H1) AND (0X2), OHIO REVISED COCE. 09/24/97
Local Office
4610
MADIGAN, MARGARET A.
295 WESTVIEW AVE THIS NOTICE IS A DETERMINATION OF:
WADSWORTH OH 44281 [3 First weekly claim
oO Additional (eopened) weekly claim
(1) Continued weekly clam
(C0 _~—s Other. See decision in Issues Section

APPLICABLE
E(S): LAW: ...
FREASON FOR SEPARATION: DISCHARGE SECTION 4141.29(D) (2) (a), ORC

FClaimant was discharged From employment with NABISCO

‘

because of an incident that resulted in a loss to the employer.
HA review of the facts establish that there was not enough fault on the
Ppart of the claimant in his/her acts, omissions, or course of conduct that
san ordinary person would find the discharge justifiable.

‘therefore, claim for week ending 09-06-97 is allowed.

‘
™

boas

* DEEN PI AOE: AILS

C: NABISCO ; Eybika

AL RIGHTS: 1f you turk this determmation is incorrect as to fact or law, or if you have additional facts which might affect the
franation, you may file a request for reconsideration m person at any burea office. You will be gwen assistance m preparing
written request If you deswe, you may write directly to the focal office in which the claim is filed. Your request should
e the item(s) with winch you disagree, the reasons) for the disagreement, the social security account number as shown on this
and must be signed by you To be considered twmely. your request must be filed in person or postmarked no later than
y-one calendar days after the date entered in “Date Mailed” above. If the twenty-first day falts on a Saturday, Sunday, or legal
zy. the period for filing is extended to mctude the next scheduled workday. Also, upon receipt of certified medical evidence
lg that claimant's physical condition or mental capacity prevented him/her from filing an appeal withun the specified 2 1-day period,
s time shall be extended and the request shall be considered timely if filed within twenty~one days after the end of the
at or mental condition

ASPARTAME

ORLD ENVIRONMENTAL CONFERENCE and the
ULTIPLE SCLEROSIS FOUNDATION

DA Issuing for collusion with Monsanto

Article written by Nancy Markle (1120197)

have spent several days lecturing al the WORLD
NVIRONMENTAL CONFERENCE on “ASPARTAME

keted as ‘NutraSweet’, ‘Equal’, and ‘Spooniul’. In the
eynote addressed by the EPA, they announced that there
vas an epidemic _of multiple sclerosis and systemic lupus,
and they did not understand what toxin was causing this to
be remeant across the Unitev States. | explained that | was
here to lecture on exactly that subject.

1en the temperature of Aspartame exceeds 88 degrees
|, the wood alcohol in ASPARTAME converts to
formaldehyde and then to formic acid, which in turn causes
metabolic acidosis. (Formic acid is the poison found in the
sting of fire ants). The icity mimics MULTI
tiple sclerosis 3 Multiole sclerosis i feath

sentenc methanol toxicity is.
in he case of SYSTEMIC LUPUS, we are finding it has
| 7 i i
Diet Cok Diet i_drink Also, with methanol
toxicity, the victims usually drink three to four 12-02 cans of
them per day, some even more. In the cases of sysfemic
lupus, which is ingqgered by ASPARTAME, the victim usually
' does not know that the ASPARTAME is the culprit. The victim

‘continues its use aggravating the lupus fo such a degree,
that sometimes it becomes life threatening.

When we get people off the Aspartame, those with
SYSTEMIC LUPUS usually become asymptomatic.

| Unfortunately, we cannot reverse this disease.

On the other hand, in the case of those diagnosed with

Muttiple Sclerosis, (when in reality, the disease is methanol

toxicity), most of the symptoms disappear. We have seen

cases where their vision has returned and even their hearing
F has returned. This also applies to cases of tinnitus.

| During a lecture | said ° ing ASPARTAM
(NutraSweet, Equal, Spoonful, etc.) and you sulfer from
5 EIBROMYA m ing pain

the lecture saying, “I've got this, is # reversible?” IT IS

some

(CaA4 2627/2) Reon t |

suffering from these symptoms.

In one lecture attended by the Ambassador of Uganda, he
told us that their sugar industry is adding aspartame! He
continued by saying that one of the industry leader's son
could no longer walk -- due in part by product usage!

We have a very serious problem. Even a stranger came up
to Dr. Espisto (one of my speakers) and myself and said,
“Could you tefl me why so many people seem to be coming
down with MS?° During a visit to a hospice, a nurse said
that six of her friends, who were heavy Diet Coke addicts,
had all been diaynosed with MS. This is beyond coincidence!

Here is the problem. There were Congressional Hearings
‘A AS AM t in

Since this initial hearing, there have been two subsequent
hearings, but to no avail. Nothing has been done. The DRUG

é i i]
there are
the PAT RED!
_ At the time of this first hearing, people were going BLINC.
T hangl in a ‘am f
b Formaldehyde is

grouped in the same class of drugs as cyanide and arsenic
— DEADLY POISONS!!! Unfortunately, it just takes longer
to quietly kill, but it is killing people and causing all kinds of
neurolugical problems.

rei n thi It ts NOT
A DIET PRODUCT!!! The Congressional record said, if
imakes you crave carbohydrates and wut Me my FAT”. Or.
Roberts slated that when he got palients off , their
average weight loss was 19 pounds per person. The
Formaldehyde stores in the fat cells, particularly in the hips
and thighs. ©

fi

ASPARTAME is especially DEADLY FOR DIABETICS. All
physicians know whal wood alcoho! will do to a diabetic. We
find that physicians believe that they have patients with
RETINOPATHY, when in fact, itis caused by Aspartame. The
A ! causing
may patients to go into a coma. Unfortunately, many have
died.

People were telling us at the Conference of the American
Callene af Physicians. that thev had relatrves that switched

i
ro Saccha *° to an Aspartame product and how that relabve
hc’ eventually gone into a coma. Their physicians could not
Set the blood sugar levels under control. Thus, the patients
Bullered acute memory loss and eventually coma and death.
; é
EMORY LOSS is due to the fact that Aspartic Acid and
enylalaine are neurotoxic without the other amino acids
und in protein. Thus it goes past the blood brain barrier
Ind deteriorates the neurons of the brain. Dr. Russell
Baylock, Neurosurgeon, said, “The ingredients stimulates
p neurons of the brain to death, causing brain damage of
Brying degrees. Dr. Blaylock has written a book entitled
EXITOTOXINS: THE TASTE THAT KILLS” (Health Press
#-800-644- 2665). Dr. H.J. Roberts, Diabetic Specialist and
v Work Expert on Aspartame poisoning, has also written a
Book entitled “DEFENSE AGAINST ALZHEIMER'S
BISEASE” (1-800-814-9800). Dr. Roberts tells how
partame Poisoning is escalating Alzheimer's Disease, and
: deed itis. As the hospice nurse told me, women are being
Bnitted at 30 years of age with Alzheimer's Disease. Dr.
Baylock and Dr. Roberts will be wriling a position paper with
@ne case histories and will post it on the Intemet. According
® the Conference of the American College of Physicians,
He are talking about a PLAGUE of neurological diseases
used by this deadly poison”.

1. Roberts realized what was happening when Aspartame
mas frst marketed. He said, “his diabetic patients presented
hemory loss, confusion, and_ severe vision loss”. At the
nlerence of the American College of Physicians, doctors
Bimitted that they did not know. They had wondered why
Pizures were rampant (the Phenylalaine in Aspartame
eaks down the seizure threshold and depletes Serotonin,
lich causes manic depression, panic attacks, rage and
plence).

st hefore the Conference, | received a FAX FROM

ORWAY, asking for a possible antidote for this poison

ause they are experiencing so many problems in their

oh This “Poison” is now available in 90 PLUS counines

ide. Fortunately, we had speakers and ambassadors

the eines from different nations who have pledged
Beir help. We ask that you help too.

int this article out and warn everyone you know. Take
thing that contains Aspartame back to the store. Take
Re "NO ASPARTAME TEST and send us your case history.

Ipssure you that MONSANTO, the creator of Aspartame,
U hoy dead it is. They fund the American Diabetes

fSocialion, American Dietetic Association, Congress, and
2 Conference of the American College of Physicians. The
York Times, on November 15, 1996, ram an article on

Mew the Amnerican Dietetic Association takes money from
P food industry to endorse their products. Therefore, they

» nA AEA ame adAitnane neo tall ahnred thaic Eanl tn

ASPARTAME DISEASE is partially the cause to what is
behind some of the ws of the Ooo Storm health

oan Aanecininn eraihit Several thousand pallets of Diet

Drinks were shipped to the Dessert Storm troops.
(Remember heat can liberate the Methanol from the
Aspartame al 86 degrees F). Diet drinks satin the 120 degree
F Arabian sun for weeks al a time on pallets. The service
men and women drank them ali day long. All of their
symptoms are identical to ASPARTAME POISONING. Dr.
Roberts says “consuming Aspartame at the time of
conception can cause birth defects”. The Phenylalaine
concentrates in the placenta, causing mental retardation,
according to Dr. Louis Elsas, Pediatrician Professor Genetics,
at Emory University in his testimony before Congress.

In the original lab tests, animals developed brain tumors
(Phenylalaine breaks down into DXP, a brain tumor agent).
When Dr. Espisto was lecturing on Aspartame , one physician
in the audience, tne, a neurosurgeon, said “whon they remove
brain tumors, they have found high levels of Aspartame in
them”.

STEVIA, A SWEET FOOD, NOT AN ADDITIVE, which helps
is the metabolism of sugar, which would be ideal for diabetics,
has ‘ been aporoved & ietan supHIEMe:nt Oy {ne FDA.
For years, the FDA has outlawed this sweet food because of
their loyalty to MONSANTO.

If it says “SUGAR FREE” on the label -- OU NOT EVEN

THINK ABOUT IT!

Senator Howard Hetzenbaum wrote a bill that would have
warned all pregnant mothers and children of the dangers of
Aspartame. The bill would have also instituted independent
studies on the problems existing in the population (seizures,
changes in brain chemistry, changes in neurological and
behavioral symptoms). !T WAS KILLED BY THE
POWERFUL DRUG AND CHEMICAL LOBBIES, LETTING
LOOSE THE HOUNDS OF DISEASE AND DEATH ON AN
UNSUSPECTING PUBLIC. Since the Conference of the
Ainerican College of Physicians, we hope to have the help
of some world Ieaders.

(Again, please help us. There are a lot of people out there
who must be warned, “please”* let them know this

information.)

SORIA ESTO A APR TY oe TARR BN ded nants OPER

GOO ONION Peer

eR RR RE SARTRE EG

ABE MO PRIM

Ji fetal OS tar Oyan ht ewtchaae? nine States Ife +

i ais 9d A De pics 2 ba SERRE SN ee

eee

|

TO ALL DIET POP POP (Diet Pepsi, Diet Coke, etc.) AND NUTRA-SWEET AND
“EQUAL CONSUMERS:

The "sugarless" sweetening agent of most diet drinks, toothpastes, chewing

gums, and other substances engineered by the food industry contains a synthetic
compound called Aspartame. Once in the body, Aspartame breaks down to
aspartic acid, phenylalanine and methyl-alcohol. Methyl-alcohol has long been
known to be severely toxic and a cause of blindness in humans. Aspartic acid
and phenylalanine are essential amino acids which occur naturally and are
needed in the normal human physiology. Amino acids occur in nature
predonunantly in one form, the so-called L-form. In this form, amino acids can
be absorbed and utilized by the body. D-forms of the same amino acids block
the action of the natural amino acids and are toxic and destructive to human
health. The studies that lead to the approval of Aspartame were only perfonned
on Aspartame that came fresh out of the refrigerator in the laboratory. However,
it has long been shown that when Aspartame is ingested, it warms up, mutates
and breaks down into the D-forms of aspartic acid and phenylalanine.
‘Aspartame coristitutes one of the most severe threats to the westem world at
Present, more so than radiation, organic toxins and heavy metals.

Here is a list of illnesses that have been shown to be caused by the ingestion of
Aspartame:

Neurologic: Atypical facial pain, confusion, dizziness, headaches,
insomuua, paresthesias, convulsions, hyperactivity, tremors, memory loss,
seizures, MS-lype symptoms. After exposure of a sensitive individual to
Aspartame (i.e, chewing “sugarless* gum or drinking Diet Pepsi), it
usually takes several months until recovery begins. However, most of
these symptoms are reversible up to a certain stage. At later stages,
malignant or benign brain tumors occur which usually result in death (or
other health problems).

0 -..

Psychological: Depression, ansiety, irritability, paneling changes.

Musculoskeletal: Severe joint pains, neck pain, low back pain, migraine
headaches, sciatica, GI symptoms (abdominal pain, nausea, diarrhea, food
allergies).

Skin: Severe itching, raslies, herpes-type outbreaks.

“hest é chest fan pet leita; sus ; Tachyen —_ hap ebewsiion

-. ———_—: oe ee ee

® sd . . ads .
, eae Ors: S week e waa os* & 58 P
3- meena, —_

Endocrine/ Metabolic: Aggravation of diabetes and diabetic neuropathy, _ ie,
paradoxic weight gain or weight loss, hair loss, hypoglycemia, menstrual
irregularities, infertility,-excessive thirst, fluid retention,-hypothyroidism,
goiter. »

Eye: Tunnel vision, eye pain, blurred vision, blindness, tearing, dryness,

retinopathy.

Ear. Tinnitus (ringing), vertigo, hearing loss.
Aspartame was approved by the FDA in 1981 based on fraudwent and faulty
studies. Immediately after the introduction of Aspartame, the incidence of
peunary beain lymphomas increased, aud shortly after that, the rise of more
coounon brain cancers skyrockeled, and has ever since (the increase in brain

cancers in the last ten years has been approximately 500%).

Aspartame Las been shown lo also cause bladder and related cancers and tc
contribute to chronic fatigue, multiple chemical sensitivities, Alzheimer’s disease
and chronic pain. A good publication on the subject is by H. J. Roberts, Clinical
Research 136 #3, 1988, 489 A. A good book written on the subject is by the same
author, Sweet'ner Dearest, by H. J. Roberts, M.D., sunshine Sentinel Press, Inc.;
PO Box 8697, West Palm Beach, Florida 33107; phone number. 407/832-2409. -

Please don't ask me why Aspartame has not been taken off the market since it is
so dangerous. In the past, government and industry have never shown much

interest in protecting the public, especially when everyone is getting paid well.
Beyond that, as the philosopher Schopenhauer said decades ago:

"Truth is always going through three stages:
First, it is ridiculed;

Then it is violently opposed;

Then it is accepted as being self-evident"

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Abstract

Title
Increasing brain tumor rates: is there a link to aspartame? [se
comments]

Author
Olney JW; Farber NB; Spitznagel E; Robins LN

Address
Department of Psychiatry, Washington University Medical Sct
Louis, MO 63110, USA.

Source
J Neuropathol Exp Neurol; VOL 55, ISS 11, 1996, P1115-23

Secondary Source !D
TOXBIB/97/093657;

Abstract
In the past two decades brain tumor rates have risen in severa
industrialized countries, including the United States. During tr
brain tumor data have been gathered by the National Cancer |
from catchment areas representing 10% of the United States
population. in the present study, we analyzed these data from
to 1992 and found that the brain tumor increases in the Unitec
occurred in two distinct phases, an early modest increase that
primarily reflect improved diagnostic technology, and a more r
sustained increase in the incidence and shift toward greater’

malignancy that must be explained by some other factor(s).

“BSHealthWatch- Library - TOXLINE Search Paue 2 of 2
Recent Additions tumors, the artificial sweetener aspartame isa promising cand
Clinical Trials explain the recent increase in incidence and degree of malign:
Recent Drug Approvals brain tumors. Evidence potentially implicating aspartame inc!

an early animal study revealing an exceedingly high incidence
brain tumors in aspartame-fed rats compared to no brain tum

aesindaioatee concurrent controls, the recent finding that the aspartame mo
Cit to recommend has mutagenic potential, and the close temporal association
fnend

+ Medscape Network

> Click here to go to
= Medscape Professional.

Language

judged to be free of long-term cancer risks. Aspartame is not
under certain conditions including baking and cooking, and
prolonged exposure to acid conditions. In such situations it los
sweetness. Products formed from aspartame include its com;
amino acids (phenylalanine and aspartic acid), methanol, and
diketopiperazine (DKP). Animal studies show DKP to be nontc
Methanol occurs in small amounts and does not exceed that fc
during consumption of many foods including fresh fruits and
vegetables. FDA's Center for Food Safety and Applied Nuttritio
(CFSAN) monitors aspartame’s safety in part through reports
adverse reactions. After aspartame was approved for use in
carbonated beverages, the FDA received an increased numbe
reports concerning adverse reactions related to aspartame. T
Centers for Disease Control (CDC) reviewed these reports, wt
included complaints of neurologic, gastrointestinal, andallergic
reactions (ABSTRACT TRUNCATED AT 250 WORDS)

Eng

OS

Publication Type

CAS Registry Number

JOURNAL ARTICLE; REVIEW; REVIEW, TUTORIAL

0 (Dipeptides); 22839-47-0 (Aspartame)

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et er ll ti‘ .CtCtC##CONNC(w aaa ea tie

: RSHealthWatch- Library - TOXLINE Search ICé f a G Page 1 of 2

Mfticle Collections

mpalth Topics A-Z
ge't-Care & First Aid

ference Tools

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#cical Dictionary
dical Test Handbook

we mmunity Organizations

Medical Schoo!
ated Sites

Ce x14ZB2Z7 13)

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Abstract

Title
Health Hazard Evaluatior: Report HETA 86-035-2224, Nabisc
Brands, Inc., Seville, Ohio.

Author
Burr GA; Bernard BP

Address
National Inst. for Occupational Safety and Health, Cincinnati,
Hazard Evaluations and Technical Assistance Branch.

Source
Govt Reports Announcements & Index (GRA&I), Issue 24, 19¢

Secondary Source ID
NTIS/PB92-229079

Abstract
TD3: In response to a request from the United Food and Com:
Workers Union Local 880, an investigation was begun of poss
airway irritation symptoms among workers exposed to the artif
food sweetener aspartame (2283947C) at N2bisco Brands, In
(SIC-2099) in Seville, Ohio. Aspartame had been used as a f
additive in sugar free products since 1983 at this facility. A ser
on site surveys was conducted to evaluate work practices, ass
employee exposures to airborne dusts, and conduct a medical
evaluation. No relationship was found between airborne aspai
exposure and respiratory symptoms or changes in peak “xpire

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such as wheezing, shortness of breath, or chest tightness recc
the time of peak flow measurements and the presence of aspz
No dose response relationship was found for respiratory symp
recorded during peak expiratory flow rates and exposure to
aspartame. The authors conclude that there was no evidence
occupationally related lower respiratory disorder at this facility.
authors recommend that improvements be made to local exha
ventilation in several areas of the facility, and also recommend
implementation of a respiratory protection program.

ee ee ee me Oe a ee a a

Keywords

Occupational safety and health; Environmental surveys; Toxic
substances~industrial medicine, Ventilation, Occupational exp
Food additives, Food industry, Inhalation, Toxicity, Respirator
system, Dust, Asthma, Sweetening agents

ee aaeen«©»©,

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rformance Review

cCubipa tops

( FOODS.

PEGGY MADIGAN REVIEW PERIOD FROM: 3/1/95 TO 3/1/96
TRAFFIC CLERK COMPONENT: SPC OPERATIONS - SEVILLE PLANT
PERFORMANCE RESULTS
SPONSIBILITIES & OBJECTIVES ACHIEVEMENTS wand Sovaas
e shipping orders from Distribution Order | Peggy continues to do an excellent job in this
1. Confirm inventory availability, responsibility. She has been a key to the JIT X lw

le shipments, prepare Bills of Lading,
fify load counts on all outbound
nts.

ule incoming/outgoing trucks for finished,
packaging materials. Maintain
with trucking dispatchers of preferred
base to assure schedules are followed.

nd maintain shipment data into

ry control PC to relieve warehouse

inventory, generate lot breat.down
lists, and establish record for all

by distribution warehouses,
tion and balance of T-change reports to

process in the cross docking by identifying

inventory availability and matching needs with
the orders. She works with production to

ensure inventory availability. She maintains a
consistent shipping schedule. OS&D are &
maintained at a division low.

Peggy effectively maintains a good working
partnership with the carriers and effectively
schedules materials to facilitate the smooth
daily operation of the department.

£

maintained on a timely basis. Peggy was
instumental in developing and monitoring th
method for entering cross dock material to
allow its’ tracing through our shipment history.
This responsibility is handled dail

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/brief%3Amicro_IA40386015_1489%3A2. Public record. Not legal advice.