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kaiserpapers.info > kaiserpapers.com/downey> Theatrical Stage Employees that developed long term, debilitating illnesses while working at Downey Studios

This Section is about The Theatrical Stage Employees that have become Injured or  Profoundly Ill while working on location at Downey Landing's Downey Studios in Downey, California.  In this section you will be able to review a great deal of the material, including having the opportunity to view medical documentation. INDEX DOCUMENTS AND SYNOPSIS OF MATERIALS  Ralph Nader Press Conference "Ill Gotten Gain" - Written to assist the Victims of Downey  performed by Wrong Minerva Letters Sparse Media coverage Legal Documents OSHA Investigations Land Transactions Some Environmental Tests Employee stories literally from the trenchs in Downey Housing Development replacing the Studios Medical Claim Form One Medical Report The Ronnie Cunningham Article Some information on the radiation, mold/fungi, etc. and what medical care is available 4,880 Documents directly related to the contamination of this property and exposure of the public to toxic substances which were obtained by supoena and are provided for public viewing and regulatory/including law enforce­ment agencies immediate use. Some coorespondence from the real estate attorney Davis S. White and the union attorney Lewis Levy

Legal Documents List of Legal Events in order of most recent first with the excep­tion of May 7, 2007 showing background of illness:

First filing -  CASE NO. : VC 046 716 April 2, 2007 BRYMAN & APELIAN 42 plaintiffs brought suit

May 7, 2007 - Barry Bernson, et al vs City of Downey, Downey Studios LLC - The Lawsuit - Background on what happened and the medical symptoms/com­plaints.

March 26, 2008 Motion to Amend complaint to add additional Defendants by Plaintiff Leonard Martin

February 21, 2008 Letter from David S. White to Leonard Martin

Feb. 2, 2008 IRG Defendants Notice of Motion

January 31, 2008 VC046716 Motion to Allow Media in the Court Room by Plaintiff Leonard Martin

January 31, 2008 Plaintiffs - pro per Transcript of Proceedings

January 31, 1008 Motion of Defendant City of Downey to Compel Responses from Plaintiff John Izumi to the City's 

REPORTER'S TRANSCRIPT OF PROCEEDINGS

October 23, 2007 Opposition to DreamWorks Demurrer

Opposition to Boeing Demurrer

October 23, 2007 Opposition to City of Downey Demurrer

Exparte Ruling

October 23, 2007 Memorandum of Points and Authorities

October 23, 2007 Reply Memorandum in Support of Defendant the Boeing

PLAINTIFF LEONARD J. MARTIN’S OPPOSITION TO THE IRG DEFENDANTS’ NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFFS’ FIRST AMENDED COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Hearing on Demurrers To First Amended Complaint

October 23, 2007 Hearing on Demurrers

October 9, 2007 Boeing Co. Declaration of Kathryn L. Oehischlager

October 9, 2007 Dreamworks Productions, LLC's Notice of Demurrer and Demurrer

Order Granting Attorney's Motion to be Relieved as Counsel - Civil Mark D. Apelian, Esp, Bernson v. City of Downey, et al.

Legal Filings Against the General Services Administration of the United States

The following is the revised lawsuit .  This provides the background for what took place while these people were working at Downey Studios.

Claim for Damages to Person and Property in Complaince with California Gov. Code 911.2

October 9, 2007 Notice of Demurrer and Demurrer to Plaintiffs' First Amended Complaint by Defendant City of Downey; Memorandum of Points and Authorities in Support Thereof

August 24, 2007 and at: https://kaiserpapers.com/downey/lawsuits/ august2420072.html REPORTER'S TRANSCRIPT OF PROCEEDINGS

June 21, 2007 Order Granting Attorney's Motion to be Relieved as Counsel - Civil Mark D. Apelian, Esp, Bernson v. City of Downey, et al. https://kaiserpapers.com/downey/injured/ apelian.html 

July 2007 Downey Studios Litigation

May 9, 2007 Filing against the GSA

May 26, 2006

April 25, 2007 - History of the IATSE lawsuit in which Downey Studios forced the silence of the Union that had attempted to provide medical and legal assistance for it's members.  Case No:VC045585 -  This case has since been sealed by the Superior Court of Los Angeles County but significant documents are provided here: https://kaiserpapers.com/downey/injured/ VC045585.html May 26, 2006 Motion to Amend Complaint to Add Additional Defendants (by Plaintiff Leonard Martin)

October 10, 2005 Medical Lab Reports for Leonard Martin 

September 2, 2005 Claim for Damages

Housing Development replacing the Studio

Current Plans for  turning Downey Studios into a housing development.  Same political players - same old over lapping of mutually beneficial financial interests.  One more quickie zone change and no one will ever know that only a couple of years ago it was a Superfund Site sold to the City with the condition that no one would ever put a house on the property. They call it Tierra Luna.

January 17, 2008 This historic site that the government still says is unclean land with a polluted water table where a lot of became sick is now slated to be torn down and have homes built upon it. mirrored at: https://kaiserpapers.com/downey/ newhomes.html

November 13, 2007 TIERRA LUNA (DOWNEY STUDIOS) REIMBURSEMENT AGREEMENT

November 13, 2007 Citizens in City Council Meeting are concerned with possible conflict of interest of Downey Studios Tierra Luna Development

Tierra Luna - Downey Studios City of Downey Warrants CHRISTOPHER A. JOSEPH & ASSOC. DEVELOPMENT CONSULTANT FEES 11,778.13 Some Environmental Tests

October 22, 2007 WESTERN ANALYTICAL LABORATORY TEST REPORT - The Lead Environmental Report

October 16, 2007 WESTERN ANALYTICAL LABORATORY TEST REPORT - Asbestos

March 3, 2005 Environmental Report generated for Dream Works - limited scope

May 27, 2004 Test only for Chromiums in green dirt excavated when digging out the lake in Building 1 Downey Studios

March 3, 2005 - Environmental Report  written for DreamWorks spe­ci­fic to discovery only of mold and no other substance by  Wayne Hanson of The Mintie Corporation - Health Science Association.

Document 1 - https://kaiserpapers.com/downey/injured/ pdfs/report 1-3-1.pdf  

Page 2 Laboratory Report spe­ci­fic only to mold: https://kaiserpapers.com/downey/injured/pdfs/ report 2-3-1.pdf

Page 3 - Laboratory Report spe­ci­fic only to mold: https://kaiserpapers.com/downey/injured/pdfs/report 3-3-2.pdf

March 3, 2005 - Environmental Report  written for DreamWorks spe­ci­fic to discovery only of mold and no other substance by  Wayne Hanson of The Mintie Corporation - Health Science Association.

Document 1 - https://kaiserpapers.com/downey/injured/pdfs /report 1-3-1.pdf  

Page 2 Laboratory Report spe­ci­fic only to mold: https://kaiserpapers.com/downey/injured/pdfs/report 2-3-1.pdf

Page 3 - Laboratory Report spe­ci­fic only to mold: https://kaiserpapers.com/downey/injured/pdfs/report 3-3-2.pdf

This is a very short synopsis to bring everyone up to date and to clarify what is known to have taken place, and did result in illness to many people:

We now have first hand reporting prior to 2000.  

There were three separate groups of people employed on the property at different times that have become ill.  Several different movie productions and film companies were involved.

In or around September of 2003 something happened on the property in Building 1  that began causing illness for a great number of people working at that location.

During the time period 2004-2005 numerous people, became ill in Building 1 from what originally was thought to be illness exclusive to mold and mycotoxins.  Note: Mold and mycotoxins are nearly always found at locations of toxic contamination.  It has been formally established that great numbers of molds and mycotoxins at the time of testing were found to be present.  It has also been established that several other highly toxic materials were also present that in many cases are confirmed to have been a direct cause of studio worker's illnesses.  These include but are not the only toxic substances, lead, chromiums, including Hexavalent Chromium, Asbestos, Dioxins, various forms of solvents/rocket fuels, and leads.

It appears that one of the reasons that suppression of public information would be made is one spe­ci­fic condition under the retransfer of the property:  Click on the following link to read

If this information were to become public knowledge then the for residental living quarters could not readily be placed at that location.  See: Current Plans for  turning Downey Studios into a housing development.  Same political players - same old over lapping of mutually beneficial financial interests.  One more quickie zone change and no one will ever know that only a couple of years ago it was a Superfund Site sold to the City with the condition that no one would ever put a house on the property. They call it Tierra Luna.

Under the terms of the land transfer a restriction has been placed by the City of Downey , which clearly states that no day care center, no school for those under 18, no houses, etc., may ever be placed on that property...............

California Labor Code States: As to Fraudulent Concealment Per Labor Code section 3602(b)(2): “Where the employee's injury is aggravated by the employer's fraudulent concealment of the existence of the injury and its connection with the employment, in which case the employer's liability shall be limited to those damages proximately caused by the aggravation. The burden of proof respecting apportionment of damages between the injury and any subsequent aggravation thereof is upon the employer.”

See the original letter from the Union and two published articles: Letter See Union Article:

The November 2005 - NEWSREEL PAPER reported the following: Special Announcement regarding Downey Studios

As you know, ****** is a workers' com­pen­sa­tion attorney representing some of our members who were injured working at ****** Studios. In order to pursue your claims further, he needs more of the dust and material some of you collected when working at Downey. Please contact me and I will arrange to get these materials to him so that he can have the contents studied in a laboratory.

As we have explained at the meetings, each member who files a claim is sent to a doctor for treatment. John has agreed with the insurance adjuster to have our The A.E. Schmidt Company has never caused a production delay.members examined by an Agreed Medical Examiner. The AME is considered impartial and his opinion will have a significant effect on all the claims for the members.

(Additional Quote from Paramount relevant to the inserted photo on your left: "The A.E. Schmidt Company has never caused a production delay.")  Note:  The Haz Mat team shown above is reported to have been on the premises specificaly for the purpose of building the lake at the Studios.

Mr. Miller has advised me that the first AME report was received this week and it held in favor of the member. It said his symptoms were all a result of the work he did at ******* Studios, that the air was toxic, mold was present, and the member needs ongoing medical treatment for his sinus condition, headaches, and additional health problems. In addition to the workers' comp claims, Mr. Miller is filing civil cases in Superior Court for each injured person who worked at ***** Studios.

If you have not filed a claim, contact us as soon as possible and we will get you in contact with an attorney. And remember, if you have any dust or materials from the walls, ceiling, ground, yellow asbestos caution tape, and/or photos, please contact us at your earliest convenience. http://www.local44.com/content/newsreel/05/NOVEMBER%202005%20NEWSREEL%20for%20web.pdf The following (in smaller print) is in the above referenced NEWSREEL:

A.E. Schmidt employees at Downey StudiosExecutive Board Meetings Highlights - Presentation: Business Agent Report Downey Studios: Downey had filed suit against Local 44 because of the articles on concerns of contaminates at the facility in our Newsreel. It was pointed out that all articles were reprints of various reports, including a reprint of the West Coast IA’s letter that certain contaminates were cleared.

Special Effects Letter: A letter to International President Short was being drafted to respond to the IA President’s letter referencing the Special Effects conditions in a Newsreel article

Shortly after the above was published the following took place:

Union 44 was sued by IRG for notifying  the employees  that they could become ill while working on this property and to seek medical care if they felt the need.  Because of that lawsuit a quick settlement was reached between the parties involved stating that that no matter what the outcome of the environmental report that the Union would say it was a safe place to work.  The Union representative had to also retract his statement and an amount of money was agreed upon to be paid by the union to Downey Studios -   see: https://kaiserpapers.com/downey/injured/downeyvslocal44.html

LOOK AT THIS NEXT LINK!!!!!!!! https://kaiserpapers.com/downey/irg.html

History of the lawsuit: https://kaiserpapers.com/downey/injured/VC045585.html

In 2006, at the then just opened Kaiser Medical Building, adjacent to Building 1, Building 290 and Building 6, and 288, employees from the Kaiser building  began developing illnesses with the same symptoms as the Theatrical employees.  

It has been reported but not yet confirmed that more people are still becoming ill. 100% of these people sound very, very ill, now do have neurological problems linked to their exposure which has made it sometimes difficult to sort out the facts.  

An attempt was made to notify the people that had become ill while working at Downey Studios that there is also a group of people from Kaiser ill.  Their Union was contacted via e-mail and phone messages and the information regarding the Kaiser patients was provided.   A few days later, a Lewis Levy contacted me, Vickie Travis, via email.  My opinion at the time was that this was a very rude and troubling letter, received from an absolute stranger.  

The letter says that I am ordered by him to never, ever, ever contact that union or it's employees ever, ever, ever again or words to that effect.  At the time of his writing I had very little knowledge of what any of this was about.  I only knew that people were very sick and that a lawsuit of some sort had taken place.  I did not know the details until much later.

The letter is now online at: https://kaiserpapers.com/downey/injured/letterfromlevy.html

This web section is an attempt to put in order what did take place and get all of these people some help.  Because all of these people initially filed worker's comp claims their initial medical reports indicate that they all have neurological problems and suffer from fibromyalgia.  Some have been fortunate enough to have finally received more complete medical treatment.  Most have not.  Not all information regarding diagnoses are placed on this page for reasons of confidentiality, and for purposes of not overstating fact.

In the following lawsuit please consider that as these profoundly ill people have had to navigate the court system on their own at their own expense and for the most part without legal representation, that many have dropped out of the case.  They simply cannot afford it.   They are still ill.

According to IRAD a subsidiary of International Risk Group - 

"IRAD will indemnify NASA, the United States General Service Administration (GSA), the City of Downey, Kaiser Foundation Hospitals, Downey Landing, LLC and other prospective purchasers for claims and costs incurred or asserted as a result of the environmental conditions and remediation at the Downey site. This indemnity includes claims accruing both before and after the property transfer closing stemming from historical operations, including claims arising as a result of remediation of the properties. The indemnity will also encompass new previously unknown conditions and have a term of ten (10) years.

The agreement is the first of its kind for NASA. GSA served in the role of broker on behalf of NASA and the US government."

See:  http://www.irgco.com/pr_nasa_120403.htm

Land Transactions

September 17, 2001 CALIFORNIA STATE LANDS COMMISSION; U.S. DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT; U.S. GENERAL SERVICES ADMINISTRATION; AND CITY OF DOWNEY (PARTIES): Consider authorization of the execution of a land exchange agreement and the approval of the exchange of State school lands for federal surplus land pursuant to the provisions of section 707 of the California Desert Protection Act (PL 103-433), and approval of a proposal to sell, with modification of the accompanying rights of surface entry, and subsequently issue a patent for such acquired federal surplus land to the city of Downey, Los Angeles County.(AD 385; W 24480) (A 34, 56; S 17, 27) (Negotiators: M. Wetzel, J. Martin, J.Frey, L. Danley)

ANNUAL STAFF REPORT ON THE MANAGEMENT OF STATE SCHOOL LANDS Fiscal Year 2000-01 CALIFORNIA Negotiations are continuing on a sixth CDPA transaction. This transaction will be structured similarly to the City of Pomona sale referenced above, but will involve federal surplus land in Downey. The BLM, General Services Administration (GSA), the National Aeronautics and Space Administration (NASA), the City of Downey, and CSLC are the parties participating in this land transaction. At this time, prior to the completion of the Downey land transaction, there are approximately 187,000 acres of school lands remaining within the desig­na­ted national parks, monuments, preserves, and wilderness areas available to exchange with the BLM.

Some information on the radiation, mold/fungi, etc. and what medical care is available

As this is a Public Service Web Site we have provided links to General Information regarding some of the diagnoses of indi­vid­uals that have become ill while working on the former Downey Facility Property.  This is not all inclusive, is not for you as a patient to diagnose but is something that if you think it applies to you, can men­tion or print out for your physician to review.  

Radioactive materials were used in Building 1.  Only one small portion of Building 1 was cleared for radiation and that area is not near where the reported illnesses have developed.

General Information of the signs and symptoms of radiation sickness may be found at: http://en.wikipedia.info/wiki/ Radiation_poisoning and At The Mayo Clinic http://www.mayoclinic.com/health/ radiation-sickness/DS00432/DSECTION=2

Mold and Fungi and related organisims do thrive on old material and toxic substances.

TRICHOTHECENE MYCOTOXINS  have been diagnosed in some patients.  

Some General Information of the signs and symptoms of mold or fungal diseases may be found at: http://www.biosignlabs.com/ Symptoms_Mold_Sickness.html and http://www.mold-survivor.com/ symptoms.html Media coverage

Downey audio report by Adolfo Guzman – Lopez 89.3 KPCC Radio Reporter And Jerry Blackburn  of NASA - General information on the site.

July 2005 Two News Article regarding cases.

Business RepresentativeEd Brown appeared before the Board......

The following is some historical background on the resultant case between Downey Studios, DreamWorks and the Union.

" Studios/DreamWorks is Being Targeted for a Major Class-Action Suit that May Cost the Studio Millions and Shorten the Lives of Hundreds of Their ..." http://www.icommag.com/july-2005/july-west-coast-insiders-hotline.html  Formerly at this link: http://www.icommag.com/july-2005/july-west-coast-insiders-hotline.html The above referenced news article was removed under threat of litigation but is mentioned here for the public's knowledge.

"At Downey several workers on "The Island" complained of health problems, allegedly from exposure to mold and other toxic substances. Downey dismissed the claims as spurious, citing outside tests that gave the facility a clean bill of health. It sued the workers' union, alleging that it spread false information. The union has been negotiating to settle the case." http://johnnydeppreads.com/ar/t202.htm

Some coorespondence from the real estate attorney Davis S. White and the union attorney Lewis Levy

David S. White - The Real Estate Attorney for IRG Downey Studios and Member of Screen Actors Guild (SAG) Mirrored for historical purposes at: https://kaiserpapers.com/downey/ davidswhite.html

Letter to Dr. Charles Phillips from David S. White dated March 19, 2008

Lewis Levy writes to Vickie Travis and states that she can never, ever, ever, ever again talk to his union or employees. Employee stories literally from the trenchs

Detailed stories relating some of the victim's experiences. One Medical Report

August 4, 2005 Medical documentation of Leonard Martin who became ill while working on site at Downey Studios. - This information is provided to show what some of the medical reports on indi­vid­uals have discovered. Letters

May 4, 2005 Letter from Local 44 explaining about the toxins and mold found at Downey Studios.

dis­cus­sion of mycotoxins and mold at Downey Studios.

Letter from DreamWorks regarding having environmental testing done

March  24, 2005 letter from DreamWorks To the Island Cast and Crew Jim Economos- DreamWorks Production Safetv Regarding the Downey Studios Stage Issues https://kaiserpapers.com/downey/injured/pdfs/dreamworks%20letter-1.pdf

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