Document 1QQoZoVJ6jjDByJZNNa14jgbX

tfh S'* UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS p L! /i 1/ Yf ALICE L. WARREN, ADMINISTRATRIX OF THE ESTATE OF JOHN H. WARREN, DECEASED, Plaintiff VS. THE DOW CHEMICAL COMPANY THE B. F. GOODRICH COMPANY, UNION CARBIDE COMPANY and CONTINENTAL OIL COMPANY, Defendants CIVIL ACTION NO. 89-30201-F 4 4 DEFENDANT THE DOW CHEMICAL COMPANY'S RES^ONSES TO PLAINTIFF'S SECOND SET OF INTERROGA E RIESS Defendant The Dow Chemical Company ("Dow"), irsuant to Rule 33 of the Federal Rules of Civil Procedure lereby responds to plaintiff's second set of interroga :o :ies as follows: INTERROGATORY NO. 1. esidence, Please identify yourself, giving your full name, business address and occupation, and the office title that you hold with the defendant. RESPONSE NO. 1 Lois J. Hoerlien, Assistant Secretary , The Dow Chlemical ICompany 2030 Willard H. Dow Center, Midland, Midhigan 48674 UCC 077364 INTERROGATORY NO. 2. Identify any and all persons including, but not Idmited to, employees of Dow Chemical Company who have any k nc wledge concerning the ten-year contract between Dow Chdmijcal Company and Monsanto referred to in Dow Chemical Company Answer to Interrogatory No. 3(c) of Plaintiff's First Set Interrogatories, stating, for each such person, is or her name, residence address, business address, date birth, telephone number, and the area of his or her knc persons identified shall include but not be limi edge. The to persons with knowledge as to the following areas: (a) negotiation of the contract; (b) the execution of the contract; (c) any amendments, modifications, or supei)s4ding agreements; (d) performance of the contract by Dow Cheiii< al Company or Monsanto, including any purchases or s)Hitfments made pursuant to the contract; (e) the identities of any individuals who 4e#e so involved on behalf of Monsanto; and (f) the termination of the agreement. RESPONSE NO. 2. Dow objects to this interrogatory as duplicativ^ information requested in plaintiff's first inte 14. Subject to and without waiving said object}, response to plaintiff's first interrogatory No. and the individuals identified therein. Dow has no fur ar information responsive to this interrogatory. INTERROGATORY NO. 3. For each of the following individuals, please sta te whether he is a current employee of Dow Chemical Company, ari if so, his business address, his position or title, his resilldence address and home telephone number. If the person is not a current employee of Dow Chemical Company, please state hi s last date of employment, the last position or title that he h Id while employed with Dow Chemical Company, last known b iness -2- UCC 077365 address, last known residence address, and last krown business and residence telephone numbers: (a) R. J. Minbiole; (b) G. J. Williams; (c) V. K. Ballman. RESPONSE NO. 3. (a) Deceased (b) Retired - 13 Snowfield Court, Midland, MI 4J6| (c) There is no current or former Dow employee kn4wn as v.K. Ballman. Assuming that plaintiff is referring to D.K Baliman, Mr. Ballman is deceased. INTERROGATORY NO. 4. Describe in detail Dow Chemical Company's policiei and procedures from 1966 to the present regarding tli retention, maintenance, storage and destruction of document and records of the same type as the ten-year contract betwef Dow Chemical Company and Monsanto referred to in Dow Chemica Company's Answer to Interrogatory No. 3(c) of Plaintiff's F _rst Set of Interrogatories. Include in your answer the fo 1 wing information: (a) the length of time such documents are to be retained; (b) the form in which such documents are to oe retained; (c) the locations(s) in which such documents are to be stored; (d) the person(s) responsible for the retehtlilon and maintenance of such document; and (e) procedures for destroying such document RESPONSE NO. 4. Dow objects to this interrogatory as overly broja and unduly burdensome in that it seeks information over a ^enty-five year time period. Further, given Dow's response to Plaintiff's -3- UCC 077366 first interrogatory No. 3, and the information r sitting to said contract revealed in discovery to date, the info nr ation requested in this interrogatory is irrelvant and n Dt reasonably calculated to lead to the discovery of admissibl avidence Finally, Dow does not understand plaintiff's ref er snce to "documents and records of the same type" and the interrogatory is therefore objected to as vague. However, sub ject to and without waiving said objection, due to the passa of time and its own retention policies, other than its curr ent policy, Dow has no records of its retention policy dating ba cl< to 1966. With regard to Dow's current records retention po 1 icy, please refer to the Record Retention Schedule taken fr on Dow's current Records Retention Manual. In further response t this interrogatory, Dow states as follows: (a) Four years after expiration (b) This interrogatory is vague as Dow does not ui derstand plaintinff's use of the term "form." (c) Dow's Records Center in Midland, Michigan (d) Harold E. Soper, Manager, Records Center (e) Incineration INTERROGATORY NO. 5. As to each of the following documents, please profide the following information: (a) whether such document is currently in nh possession, custody or control of Dow Chemical Comj|>afY; (b) if so, the exact location(s) where the document is currently kept and in what form; -4- ucc 077367 (c) if not, whether Dow Chemical Company mairtains any records which would indicate that the do ent did once exist and if so, the date when the cument was destroyed, the persons involved in its truction, and the reasons for the destruction of document. DOCUMENTS 1. An agreement between Dow Chemical Company anjd ! Monsanto Chemical Company, approximate date of execut n, September 13, 1966, under which Monsanto was ranted an option to purchase vinyl chloride monomer fr Dow Chemical Company. .2 A letter agreement, approximate date of exec ui lion, September 14, 1966, which amends the contra dt listed in item no. 1, above. 3. A letter from Dow Chemical Company to Monsa r|t| Chemical Company, approximate date November 10, 1967, eferring to price adjustment calculations for the contrs c listed in item no. 1 above. 4 . An agreement between Dow Chemical Company ai id Monsanto Chemical Company, approximate date of execul S-fn, October 10, 1969, which grants Monsanto an <Plion to purchase vinyl chloride monomer from Dow Chrt .cal Company RESPONSENO. 5. Dow objects to this interrogatory as duplicativ As stated in response to plaintiff's second request for prodtic ;ion of documents, due to Dow's records retention police, the documents referred to in this interrogatory no longer exist Dow does not know the exact dates upon which the records Vi 2 re destroyed, but they would have been destroyed in the ordinh* / course -5- UCC 077368 pursuant to the records retention policy applicalbDl e during the relevant time period. THE DOW CHEMICAL CCMANY By its attorneys, Sharon R. Burger (El NUTTER, McCLENNEN i One International I Boston, MA 02110-2 (617) 439-2000 CERTIFICATE OF SERVICE I, Sharon R. Burger, Esq., hereby certify tlal on this A3 day of July, 1991, I served a copy of the above ujjfon the parties in the action by mailing, postage prepaid to counsel, Keith A. Minoff, Esq., of Rboinson Donovan Maddtn & Barry, 1500 Main Street, Suite 400, Springfield, MA; and Mai k S. Granger, Esq., of Morrison, Mahoney & Miller, 250 Summer |sfreet, Boston, MA 02210. 4 3 OIL Sharon R.Burger' x 22. -6- UCC 077369 STATE OF MICHIGAN ) ) SS COUNTY OF MIDLAND ) LOIS J. HOERLEIN, being first duly sworn. je )oses and says that she is the Assistant Secretary of The Dow Chen ical Company, and while she does not have personal know! id ;e of all the facts recited in the answers of The Dow Chemical Coi ipany to Plaintiffs Second Set of Interrogatories, the information contained in said answers has been collected and made available tc her by others and said answers are true to the best of her kr o ledge and belief based upon the information made available to h ir and that. therefore, the answers are verified on behalf of The D^>w Chemical Company in this litigation. Hoerle Assistant Set ary The Dow Che ibal Company SUBSCRIBED AND SWORN to before me. t le Undersigned Notary Public on this day of _ 1991. Notary Public ,^KK55 . UCC 077370