Document 37D4xvmpE46jENv34zJMx3og3

No. 96-06239-A MAi v *> ^ 3* 7/ gPLAINfffipSTM * EXHIBIT f RR-214b JOSEPH LEE DENNIS, ET AL, Plaintiffs, VS. OWENS-CORNING FIBERGLAS CORPORATION, ET AL, Defendants. IN THE DISTRICT COURT OF DALLAS COUNTY, TEXAS 14TH JUDICIAL DISTRICT DEFENDANT SOUTHERN PACIFIC TRANSPORTATION COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFF BENNIE DUNBAR'S REQUEST FOR PRODUCTION TO: Plaintiff Bennie Leon Dunbar by and through his attorneys of record, Peter Kraus and Kimberly Castles, Baron & Budd, P.C., The Centrum, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281. COMES NOW Southern Pacific Transportation Company, one of the Defendants in the above styled and numbered cause, and in accordance with the Texas Rules of Civil Procedure files this its Responses and Objections to Plaintiff Bennie Dunbar's Request for Production. DATED: March 10, 1997 Respectfully submitted, PHELPS DUNBAR, L.L.P. John C. Wray Texas Bar No. 00797699 3040 Post Oak Blvd., Suite 900 Houston, Texas 77056 Telephone: (713)626-1386 Facsimile: (713)626-1388 ATTORNEYS FOR DEFENDANT SOUTHERN PACIFIC TRANSPORTATION COMPANY Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5:6429?.l Page 1 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this J_lM^day of March, 1997, a true and correct copy of Defendant Southern Pacific Transportation Company's Responses and Objections to Plaintiff Bennie Dunbar's Request for Production was served on all known counsel of record via first class mail, certified, return receipt requested. PLAINTIFFS Mr. Russell W. Budd Mr. Peter Kraus Baron & Budd, P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 Tel: (214) 521-3605 Fax: (214) 520-1181 OARLOCK. INC. Mr. A.B. Conant, Jr. Conant Whittenburg Whittenburg & Schachter 600 Pearl Street, LB 133 Dallas, Texas 75201 Tel: (214) 999-5700 Fax: (214) 999-5747 ROCK WOOL MANUFACTURING COMPANY Mr. Charles A. Green Cowles & Thompson 4000 Nations Bank Plaza 901 Main Street, Suite 4000 Dallas, Texas 75202 Tel: (214) 672-2000 Fax: (214) 672-2020 FOSTER WHEELER Mr. James M. Riley, Jr. Coats, Rose, Yale, Holm, Ryman & Lee 101 Fannin, Suite 800 First City Tower Houston, Texas 77002 Tel: (713) 651-0111 Fax: (713) 651-0220 CROWN. CORK & SEAL COMPANY. INC. Mr. James T. Foley Foley & Boyd, P.C. 404 First Place Tyler, Texas 75702 Tel: (903) 593-8883 Fax: (903) 593-1099 METROPOLITAN LIFE Mr. John L. Hill, Jr. Liddell, Sapp, Zivley, Hill & Laboon 3400 Texas Commerce Tower Houston, Texas 77002 Tel: (713) 226-1200 Fax: (713) 223-3717 W.R. GRACE & CO.-CONN. Mr. Robert E. Thackston Jenkens & Gilchrist 1445 Ross Avenue, Suite 3200 Dallas, Texas 75202-2799 Tel: (214) S55A500 Fax: (214) 855-4300 Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5-.64297.1 Page 2 ANCHOR PACKING Mr. A.B. Conant, Jr. Conant Whittenburg Whittenburg & Schachter 600 Pearl Street, LB 133 Dallas, Texas 75201 Tel: (214) 999-5700 Fax: (214) 999-5747 GENERAL REFRACTORIES CO, Mr. Neil Rambin Strausburger & Price 901 Main Street, Suite 4300 Dallas, Texas 75202 Tel: (214) 651*4300 or 651-4534 Fax: (214) 651-4330 SYNKOLOIP (A Division of Muralo Co., Inc.) Ms. Kathy Hermes DeHay & Elliston, L.L.P. 1500 Maxus Energy Tower 717 N. Harwood Dallas, Texas 75201-1508 Tel: (214) 953-5454 Fax: (214) 953-5455 2M Mr. Stan McMury Locke Purnell Rain Harrell 2200 Ross Avenue, Suite 2200 Dallas, Texas 75201 Tel: (214) 740-8585 Fax: (214) 740-8800 NORTH AMERICAN REFRACTORIES Ms. Debra Fitzgerald Crouch & Hallet, L.L.P. 1400 Maxus Energy Building 717 N. Harwood Dallas, Texas 75201 Tel: (214) 953-0053' Fax: (214) 953-3154 PROKO INDUSTRIES. INC. Mr. Tom Dougall Bowers Orr & Robertson 1401 Main Street, Suite 1100 Columbia, SC 29202 Tel: (803) 252-0494 Fax: (803) 252-1068 GEORGIA-PACIFIC Mr. Mel Bailey DeHay & Elliston, L.L.P. 1500 Maxus Energy Tower 717 N. Harwood Street Dallas, Texas 75201-1508 Tel: (214) 953-5454 Fax: (214) 953-5455 U.S. MINERAL PRODUCTS CO. Mr. Mel Bailey DeHay & Elliston, L.L.P. 1500 Maxus Energy Tower 717 N. Harwood Street Dallas, Texas 75201-1508 Tel: (214) 953-5454 Fax: (214) 953-5455 Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5:64297.1 Page 3 THE FLINTKOTE COMPANY Mr. James M. Harris, Jr. Holmes & Harris, P.C. 550 Fannin Street, Suite 845 Beaumont, Texas 77701 Tel: (409) 832-8382 Fax: (409) 833-4240 UNIROYAL. INC. Mr. Richard L. Forman Forman, Perry, Watkins & Krutz One Jackson Place, Suite 1200 188 East Capitol Street P.O. Box 22608 Jackson, MS 39201 Tel: (601) 960-8600 Fax: (601) 960-8613 AOUA-CHEM.INC. (d/b/a CLEAVER-BROOKS DIVISION) Mr. David A. Livingston Livingston & Markle 55 Waugh Drive, Suite 1200 Houston, Texas 77007 Tel: (713) 861-7679 Fax: (713) 861-7679 HARBISON-WALKER CORP. Mr. Mark A. Hendrix Mr. Lewis C. Miltenberger Vial Hamilton Koch & Knox 1717 Main Street, Suite 4400 Dallas, Texas 75201 Tel: (214) 712-4400 Fax: (214) 712^402 KELLY-MOORE PAINT CO. Mr. Michael Truncale Orgain, Bell & Tucker, L.L.P. 470 Orleans Street Beaumont, Texas 77701 Tel: (409) 838-6412 Fax: (409) 838-6959 RAPID-AMERICAN CQRP, Ms. Susan M. Hull Jenkens & Gilchrist 1445 Ross Avenue, Suite 3200 Dallas, Texas 75202-2799 Tel: (214) 855-4500 Fax: (214) 855-4300 ILLINOIS CENTRAL CORPORATION Mr. David J. Pels Shannon, Gracey, Ratliff & Miller, L.L.P. 1600 Bank One Tower 500 Throckmorton Street Fort Worth, Texas 76102 Tel: (817) 336-9333 Fax: (817) 336-3735 ILLINOIS CENTRAL RAILROAD CO. Mr. David J. Pels Shannon, Gracey, Ratliff & Miller, L.L.P. 1600 Bank One Tower 500 Throckmorton Street Fort Worth, Texas 76102 Tel: (817) 336-9333 Fax: (817) 336-3735 Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5-.M297.1 Page 4 PITTSBURGH CORNING CQRP Mr. Stephen S. Livingston Thompson & Knight 1700 Pacific Avenue, Suite 3300 Dallas, Texas 75201 Tel: (713)217-2800 Fax: (713)217-2828 Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 Page 5 DEFENDANT SOUTHERN PACIFIC TRANSPORTATION COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFF'S REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: Produce any and all documents (memoranda and/or other writings, including but not limited to books, pamphlets, or other written materials of any kind or character) in your possession, custody or control which would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 2: Produce any and all documents (memoranda and/or other writings) in your possession, custody or control that in any way relate to the hazards of asbestos and/or airborne asbestos. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiff's employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiff's employment. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 Page 6 REQUEST FOR PRODUCTION NO. 3: Produce any and all documents in your possession, custody or control which were disseminated or published by any person, trade association or organization of any type and that contain information relating to the hazards of asbestos and/or airborne asbestos. Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 4: Produce any and all safety meeting minutes or other documents, memoranda and/or writings that refer to the dangers of asbestos and/or safety measures to be taken by crew members or workers or employees in the vicinity of asbestos-containing products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials on Defendant's railroad. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 Page 7 REQUEST FOR PRODUCTION NO. 5: Produce any and all contracts, memoranda, and/or other writings that in any way reflect arrangements made for the removal of asbestos and/or the installation of asbestos-containing products [on] Defendant's railroad. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FORJRODUCTIQN NO. 6: Produce any and all documents that in any way reflect a removal plan or organizes written criteria or schedule for the removal of asbestos on Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FQKPRQDUCTIQN NO 7: Produce any and all documents that discuss or relate in any way to removal of asbestos from any Defendant's railroad(s). Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.l Page 8 RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not'reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 8: Please produce any and all documents related to the medical condition of Plaintiff at any time during his employment with Defendant. This request specifically includes, but is expressly not limited to, any and all x-rays, x-ray reports, medical notes and/or medical records of any kind, including annual physical forms. RESPONSE: Railroad Retirement Board records (attached) indicate that Plaintiff was employed by the Texas & New Orleans Railroad Company from March through July of 1951. Due to the age of the requested documents and Defendant's normal records retention practices, Defendant has been unable to locate any responsive documents. REQUEST FOR PRODUCTION NO. 9: Produce any and all documents that indicate and/or refer to in any way a decision and/or discourse related to ceasing the use of asbestos-containing products on Defendant's railroad. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. In addition. Defendant objects to this request to the extent that it may inquire into information which is protected by the attomey/client. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 Page 9 attorney work product, and party communication privileges. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. IQ: Produce any and all specifications, blue prints, documents, memoranda and/or other writings that reflect and/or demonstrate in the form of a map and/or chart the location and dimensions of all car(s) and/or engine(s), locomotives, roundhouses and/or shops upon which and in the vicinity of which Plaintiff worked and specifically including, but not limited to, the location and/or placement, repair, installation and/or use of asbestos-containing products at any time within the last thirty-five (35) years on the railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 11: Produce any photographs of asbestos products in place or asbestos products being used, fabricated and/or utilized on Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.I Page 10 REQUEST FOR PRODUCTION NO. 12: Produce any actual warning signs or photographs of warning signs or other statements in place at any time relating to asbestos-containing products [in place] at any time during the last thirtyfive(35) years on Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST EOR PRODUCTION NO, 13: Produce any documents which indicate in any way that individuals claimed injury to their lungs as a result of exposure to asbestos on any of Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 14: Produce any documents, minutes or other notes or records from any meetings at which the hazards and/or potential hazards of asbestos were discussed by officers, agents, and/or employees of Defendant. Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD3:64297.1 Page 11 RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not'reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiff s employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. In addition, Defendant objects to this request to the extent that it may inquire into information which is protected by the attomey/ciient, attorney work product, and party communication privileges. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 15: Produce any and all documents, including invoices, shipping receipts, bills of lading, purchase orders, or other documents of a similar nature related to the purchase of asbestos-containing products for use on Defendant's railroad(s). Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 16: Produce any and all documents reflecting in any way any inspections by labor inspectors, insurance company inspectors or anyone from Defendant's company or hired by Defendant where asbestos-containing products were being used or installed and that included the taking or measure of "dust counts." This request specifically includes any and all of Defendant's railroad(s) and railway car(s) and/or engine(s) and/or locomotive(s) and/or roundhouse(s) or shops during the last thirty five (35 years). Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5.64297.1 Page 12 RESPONSE: Objection. Defendant objects to this request as overiy broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not'reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 17: In the event that Defendant performed or had performed any dust level counts with respect to asbestos dust on any of its railroads, produce any documents that in any way reflect or discuss the results of such studies or counts and actions, or potential actions, if any, taken as a result of such counts or studies. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. In addition. Defendant objects to this request to the extent that it may inquire into information which is protected by the attomey/client, attorney work product, and party communication privileges. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 18: Please provide all documents referred to in answering Plaintiffs interrogatories propounded to the Defendant, identifying with specificity which documents were used to answer which interrogatories. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5;64297.1 Page 13 RESPONSE: Objection. Defendant objects to this request as overly broad and unduly burdensome. In addition. Defendant objects to this request to the extent that it may inquire into information which is protected by the attorney/client, attorney work product, and party communication privileges. REQUEST FOR PRODUCTION NO. 19: (1) Please provide a curriculum vitae for each and every expert witness or expert that the Defendant has retained or employed and cannot unequivocally state will not be a witness on its behalf at trial; and (2) with respect to any and all expert witnesses) identified in subpart (1), please provide any and all documents or tangible things including, but not limited to, all tangible reports, drawings, charts, exhibits, physical models, compilations of data, factual observations, tests, calculations, photographs, diagrams, sketches, movies, videotapes and tape recordings, opinions, supporting data and other documents and/or things reviewed and/or relied upon by him or herein formulating his or her opinions and conclusions on this case, including all learned treaties (texts, articles, studies, monographs, etc.) and consultant expert work product which forms the basis, in whole or in part, of the witnesses)' opinions or which he or she believes substantiates or corroborates his or her conclusions regarding this lawsuit. RESPONSE: Two experts designated by Defendant, Drs. Vance Strange and Horton Hinshaw, will be offered by video deposition. Dr. Strange is no longer living and a curriculum vitae is not available. Dr. Strange was a medical doctor and head of Southern Pacific's medical department for many years. Dr. Hinshaw is elderly and likewise does not have and is unable to provide a current curriculum vitae. Dr. Hinshaw served Southern Pacific in a capacity similar to that of Dr. Strange. Deposition transcripts from these experts will be provided. Curriculum vitae, as well as written reports, for those other experts designated by Defendant will be provided. Defendant will supplement its response to this request in accordance with the Texas Rules of Civil Procedure. REQUEST FOR PRODUCTION NO. 20: As to all such potential legal entities who are not now a party to this lawsuit, but who may be responsible for the incident in question, please provide: A. All documents tending to establish such liability; and, B. A list of all tangible items or things that may be reviewed tending to establish such liability, along with their location and the identity of the person to contact to view such tangible things. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 Page 14 RESPONSE: Discovery is continuing such that Defendant is not currently in possession of any responsive documents. However, Defendant is unaware of any potentially liable party that is not already a party to this lawsuit. Defendant will supplement its response to this request if additional information becomes available. REQUEST FOR PRODUCTION NO. 21: Provide a copy of each policy of liability insurance intended to provide coverage to the Defendant, its agents and/or employees for liability on the date in question for allegations such as those delineated in Plaintiff's Original Complaint (and all amended complaints thereafter) including, but not limited to, all primary and excess policies covering the Defendant on the date in question, indicating the name and address of each carrier. RESPONSE; None. Defendant is self-insured. REQUEST FOR PRODUCTION NO. 22: Provide a copy of all invoices, purchase orders, agreements, contracts, correspondences, telefaxes, telexes, and/or documents of any type passing between this Defendant and any other entity regarding the acquisition, ordering, purchasing, supplying, removal or distribution of asbestos-containing products by Defendant during the time period Plaintiff was employed by Defendant. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION. N&.23: Provide a copy of all documents from which your present net worth may be ascertained. Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5-.64297.1 Page 15 RESPONSE: Objection. Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence. REQUEST FOR PRODUCTION NO. 24: Provide a copy of all photographs, diagrams, videotapes, slides and/or movie film of Defendant's railroad(s), owned or operated by Defendant including, but specifically noi limited to the engine room, boiler room, common areas, living quarters, railroads, roundhouses, shops locomotives, or transport cars. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 25: Provide a copy of all medical records obtained by the Defendant relating to the Plaintiff. RESPONSE: Railroad Retirement Board records (attached) indicate that Plaintiff was employed by the Texas & New Orleans Railroad Company from March through July of 1951. Due to the age of the requested documents and Defendant's normal records retention practices, Defendant has been unable to locate any responsive documents. REQUEST FOR PRODUCTION NO. 26: Provide a copy of all documents including but not limited to invoices, purchase orders, agreements and contracts involving Defendant as a result of the transport, use, installation, repair, replacement, removal and/or applying of asbestos-containing products on the railroad. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PDS:64297.1 Page 16 RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not'reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO, 27: Provide a copy of all documents regarding safety, safety training and/or safety meeting provided to or for the benefit of Plaintiff and other railroad workers to asbestos or asbestos-contain products on the railroad. Include any documents given out at such safety meetings and copies of the minutes of or notes from all safety meetings held for the benefit of the employees or crew members that worked on the railroad in the last thirty-five (35) years. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FORERODUCnON NO. 28: Provide a copy of all Defendants safety and policy manuals regarding the use of or exposure to asbestos-containing products from 1930 to the present. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to location. It is so overly broad and general that it subjects Defendant to undue burden and Defendant Southern Pacific's Responses and Objections to PlaintifTs Request for Production PD5:64297.l Page 17 unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period before and after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 29: Provide a copy of ail personnel files maintained by Defendant and/or any agent of Defendant concerning the Plaintiff including but not limited to all earnings files, administrative files, and any files concerning any physical examination conducted by the Defendant or for the benefit of the Defendant regarding Plaintiff either for hiring purposes, screening purposes or otherwise. RESPONSE: Railroad Retirement Board records (attached) indicate that Plaintiff was employed by the Texas & New Orleans Railroad Company from March through July of 1951. Due to the age of the requested documents and Defendant's normal records retention practices, Defendant has been unable to locate any responsive documents. REQUEST FOR PRODUCTION NO. 30: Provide a copy of all reports, investigations, transcripts, memoranda, correspondence and/or documents of any type you received from, or sent to any city, county, state, or federal entity, including but not limited to the EPA, NIOSH, NIEHS or OSHA regarding either the potential health hazards or dangers associated with exposure to asbestos-containing products or airborne asbestos, and/or regarding any surveys, testing or other actions taken to determine the presence of and concentration of airborne asbestos on such of Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiff's employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5:6429?.l Page 18 foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 31: Provide a copy of all safety inspection or site inspection records referencing in any way asbestos or asbestos-containing products used on Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 32: Provide a copy of all Defendant's safety inspection policies and procedures in effect during the time Plaintiff was employed by Defendant regarding the handling of, application, use or exposure to asbestos-containing products. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiff's employment. REQUEST FOR PRODUCTION NO. 33: Provide a copy of any and all photographs or video recordings, sketches, drawings, or pictures in Defendant's custody or control or that of your attorney, or of any agent or representative of you Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5:64297.1 Page 19 or your attorney, whether made as a part of the reports of experts or made by you, your attorney, or persons acting as your agents or representatives, and pertaining to any of Defendant's railroad(s), including, but not limited to, locomotives, engine rooms, boiler rooms, railyards, roundhouses, shops and common areas, concerning any asbestos-containing products in those areas. Request is hereby made for one print of each photograph or video recording produced in response to this request. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 34: Produce a copy of any reports prepared by any person you plan to call as an expert witness at the time of trial which pertain to the incident made the basis of this suit, specifically including all factual observations and opinions of consulting experts, if such consulting expert's opinion forms the basis of any opinions, theories, or conclusions reached by any testifying experts, and any accompanying photographs, drawings, charts, models, video recordings or other visual aids to such reports. If any expert has not prepared a written report, or if the information mentioned above has not been compiled into report form, then request is hereby made that each expert make a written report containing all said information and that each report be produced for inspection and copying. RESPONSE: See response to Request No. 19. REQUEST FOR PRODUCTION NO. 35: Any and all documents prepared by, delivered to, or in the possession of any person you plan to call as an expert witness at the time of the trial, or who won't be called as a wimess but whose work product forms a basis in whole or in part of an expert who will be called to testify, which related to any fact or matter that is the subject of or related to the subject of this suit. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.I Page 20 RESPONSE: Objection. Defendant objects to providing any information which may be protected by the attorney/client, attorney work product, and consulting expert privileges. Subject to and without waiving the foregoing objection. Defendant will supplement its response to this request if additional information becomes available. REQUEST FOR PRODUCTION NO, 36: All witness statements or other documents generated or obtained in any investigations into the asbestos exposure made the basis of this lawsuit whether signed or unsigned. If you contend any such document is privileged, please identify specifically each document withheld, along with the specific privilege asserted. RESPONSE; Objection. Defendant objects to providing any information which may protected by the attomey/client, attorney work product, party communication, and investigation privileges. Subject to and without waiving the foregoing objection, none at this time. REQUEST FOR PRODUCTION NO. 37: Any models, visual aids, experiments, documents or other writings or any items of demonstrative evidence prepared or preserved by you, your attorney, your experts, or any other person acting on your behalf that will or may be used in the trial of this lawsuit. RESPONSE: Objection. Defendant objects to providing any information which may be protected by the attomey/client and attorney work product privileges. Subject to and without waiving the foregoing objection, Defendant will supplement its response to this request. REQUEST FOR PRODUCTION NO. 38: Please provide curriculum vitae for all expert witnesses that Defendant intends to consult or call as witnesses at the trial of this case. RESPONSE: See response to Request No. 19. Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5:64297.1 Page 21 REQUEST FOR PRODUCTION NO. 39: Copies of all depositions of any person previously employed by you specifically including, but not limited to Defendant or Defendant's employees, representatives, or agents, taken in connection with any alleged asbestos exposure at Defendant's railroad(s). RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, see response to Request No. 19. REQUEST FORJRQDUCnON NO. 40: Provide a copy of each and every document (including all reports, memos, photographs, statements and any material collected or acquired of any investigation, and all correspondence between Defendant and Defendant's insurer, and any reports, notes or any other documents regarding testing, examinations, inspections, or opinions related in any way to asbestos or any other communication from any individual or entity to Defendant, Defendant's insurer or any agent or representative of Defendant or Defendant's insurer concerning this incident or any injuries or disabilities allegedly resulting therefrom) in Defendant's possession or control, or that of Defendant's insurer, health insurer, liability insurer, or other insurer, relating to Defendant's claim or the investigation of this incident by Defendant, Defendant's insurer, or any individual or entity engaged for such purpose. RESPONSE: Objection. Defendant objects to this request as overly broad and unduly burdensome. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence. In addition. Defendant objects to providing any information which may be protected by the attoraey/client, attorney work product, party communication, and investigation privileges. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 Page 22 REQUEST FOR PRODUCTION NO. 41: Provide a copy of all accident, injury or illness reports concerning the Plaintiff prepared by and/or for Plaintiffs employer(s) and/or agents in the general course of business. RESPONSE: Railroad Retirement Board records (attached) indicate that Plaintiff was employed by the Texas & New Orleans Railroad Company from March through July of 1951. Due to the age of the requested documents and Defendant's normal records retention practices. Defendant has been unable to locate any responsive documents. REQUEST FOR.PRQDUCIIQN NO. 42: Provide copies of any and all safety standards, regulations, rules or codes pertaining in any way to asbestos or inhalation of toxic fumes or substances, whether promulgated by government or private industry, or Plaintiffs employer from 1930 to the present. RESPONSE: Objection. Defendant objects to this request as overly broad and unduly burdensome. This request is overly broad and unduly burdensome in that the requested information is equally available to Plaintiff. Furthermore, Defendant objects to this request as irrelevant and not reasonably calculated to lead to the discovery of relevant or admissible evidence in that it seeks information for the time periods before and after Plaintiffs employment with Southern Pacific. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR^PRODUCTION NO. 43: Provide a copy of any and all contracts and/or agreements of any kind (if oral, reduce the agreement to writing) made by Defendant to supply masks and/or other safety equipment to the Plaintiff or any other employees or railroad workers. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:6*297.1 Page 23 time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO. 44: Provide copies of any and all documentation evidencing Defendant's compliance with the Boiler Inspection Act, formerly U.S.C. 20701, during the last thirty-five (35) years. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. This request is overly broad in that it does not specify the ways in which Defendant might have failed to comply with the Boiler Inspection Act. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. REQUEST FOR PRODUCTION NO, 45: Provide copies of any and all documentation which in any way relates to the transport by Defendant's railroad(s) of asbestos-containing products. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiffs employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection. Defendant has been unable to locate any responsive documents for the time period of Plaintiffs employment. Defendant Southern Pacific's Responses and Objections to Plaintiffs Request for Production PD5:64297.1 ^ Page 24 REQUEST FOR PRODUCTION NO. 46: Provide a copy of all documents, reports and other materials identified in Answer to Interrogatory No. 12. RESPONSE: See Defendant's Designation of Expert Wimesses which was filed with the Court and served upon Plaintiff on February 14, 1997. Defendant will supplement its response to this request if additional information becomes available. REQUEST FOR PRODUCTION NO, 47: Please produce any and all x-rays, MRI's, CT-scans, videotapes, or other electronically or technologically created representations, depictions, picturizations, imaging or imagery collected by Defendant in the course of discovery. RESPONSE: Defendant is in possession of copies of two chest x-ray films which are dated February 1, 1996. These x-ray films were provided by Plaintiff such that Plaintiff is apparently already in possession of these films. Defendant will return these copies upon request. REQUEST FOR PRODUCTION NO, 48: Provide copies of any and all documentation relating to a National Claims Registry and/or any other entity, group, organization or membership which catalogued, reported upon or collected information relating to claims of work related injuries by railroad workers. RESPONSE: Objection. Defendant objects to this request as overly broad, unduly burdensome, and not limited as to time or location. It is so overly broad and general that it subjects Defendant to undue burden and unnecessary expense in its defense of this matter. Furthermore, Defendant objects to this request because it inquires into information that is irrelevant and is not reasonably calculated to lead to the discovery of relevant or admissible evidence because such information is related to the time period after Plaintiff's employment with Southern Pacific, as well as information regarding work locations at which Plaintiff did not perform his duties. Subject to and without waiving the foregoing objection, none. Defendant Southern Pacific's Responses and Objections to Plaintiff's Request for Production PD5:64297.1 ^ Page 25 united States op America RAILROAD RETIREMENT BOARD Office of Programs Division op Compensation and Certification 844 N. Rush-Street Chicago, Dlunois 60611-2092 B. Dunbar 428-44-5665 Railway Express Agency Vear Service Months 1948 2 (February and March) Texas and New Orleans Railroad Company 1951 5 (March through July) Gulf Mobile and Ohio Railroad Company 1954 4 (September through December) Point comfort and Northern Railway Company 1957 1960 1964 1965-1968 1969 1970 4 (January through April) 1 (January) 10 (March through December) 48 (12 months each year) 11 (January through October and December) 5 (March, April, June, July and December) Total 90