Document 4Jo70jpo7b7r0Od27Z3n622Da

4 ^. CAUSE NO. 96-00261 LLOYD CHAMPION AND DORIS MAE CHAMPION; WILTON CHESTER JORDAN AND FRANK LEWIS SAUNDERS H VS. OWENS-CORNING FIBERGLAS CORPORATION, ET AL. IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 160TH JUDICIAL DISTRICT DEFENDANTS' OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION TO: Plaintiff, Lloyd Champion, by and through their attorney ofrecord, Peter A. Kraus /Kimberly A. Castles, Baron & Budd, P.C., 3102 Oak Lawn Ave., Suite 1100, Dallas, Texas 75219 Defendants Norfolk Southern Railway Company (NSRC) and Norfolk Southern Corporation (NSC), pursuant to Rules 166(b) and 168 ofthe Texas Rules of Civil Procedures, hereby serve their Objections to Plaintiffs' Requests for Production as follows: PRELIMINARY STATEMENT The following responses are being provided after diligent investigation and inquiry by Defendant. However, because some of the evidence relating to the matters inquired about by Plaintiffs' Request for Production occurred more than forty (40) years ago, the availability ofpersons involved and the existence of applicable documents has been limited. As a result of the foregoing factors, many of the individuals who might have had personal knowledge ofthe matters to which Plaintiffs' Request for Production relate are deceased, retired, or are otherwise unavailable to NSRC, and investigations to date indicate that at least some documents which relate to matters inquired about by these requests may have been destroyed in keeping with normal corporate record retention policy. Accordingly, some responses are possibly incomplete. DEFENDANTS* OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pi|e 1 NSRCs investigation is continuing and should additional information surface, supplemental responses will be submitted. The following is a part of and is incorporated by reference in every response provided hereinafter: This response is accurate as ofthe date ofthe Answers ofDefendant Norfolk Southern Railway Company to Plaintiffs' Request for Production. However, NSRCs investigation is continuing, and NSRC cannot exclude the possibility that it may be able to obtain more complete information or even information which indicates that the response being supplied is incorrect. NSRC objects to responding to this request in regard to any period of time other than the period during which it allegedly employed Plaintiff. NSRC objects to providing information about geographic locations and operating units within the system other than those at which and for whom Plaintiff worked. The basis for such objections are that any responses would be irrelevant to the subject matter of the pending litigation, would not be reasonably calculated to lead to the discovery of admissible evidence, and would be burdensome and oppressive to NSRC. The responses that follow, unless otherwise apparent from the context, are limited to the specific period (1953-1963) that NSRC allegedly employed Plaintiff as a switchman; and to the area in and around Selma, Demopolis, Mobile and Rome, Alabama, the places where Plaintiff allegedly worked for NSRC. Defendant, Norfolk Southern Corporation, objects to answering each and every request in this set of Requests for Production due to the fact that the Plaintiff was never an employee of this Defendant and it was not in existence at the time ofthe Plaintiffs alleged employment. Effective June 1, 1982, Southern Railway Company and Norfolk and Western Railway Company became sister corporations and the stock of each became owned by the Norfolk Southern Corporation, a non- carrier holding company which had never operated a railroad. Each of the carriers continued to operate as separate legal entities, a practice which continues to date. Southern Railway Company DEFENDANTS* OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION Page 2 subsequently changed its name to Norfolk Southern Railway Company, but never employed the Plaintiff. Norfolk Southern Railway Company remains a separate and distinct entity. 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 ofany 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: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms ofrime; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infiinges on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infiinges on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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 related to the hazards of asbestos and/or airborne asbestos. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infiinges on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infiinges on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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. DEFENDANTS* OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION Pa{e 3 RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in tenns oftime; the request is vague; the request is ambiguous; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the infoimation necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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 ofasbestos-containing products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials on Defendant's railroad. RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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(s). RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules ofCivil Procedure; and, the request seeks information which is private, confidential and/or proprietary. DEFENDANTS* OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pate 4 REQUEST FOR PRODUCTION NO. 6: Produce any and all documents that in any way reflect a removal plan or organized written criteria or schedule for the removal ofasbestos on Defendant's railroad(s). RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overiy broad; the request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorneyclient privilege; the request exceeds the scope ofdiscovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. REQUEST FOR PRODUCTION NO. 7: Produce any and all documents that discuss or relate in any way to removal ofasbestos from any Defendant's railroad(s). RESPONSE: Defendants object to the form and substance of this request on the foUowing grounds: the request is overly broad; the request is unlimited in terms of time; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the request is argumentative; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be DEFENDANTS* OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION Page 5 unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; and the request infringes on the investigative/party communication privilege. 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(s). RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. REQUEST FOR PRODUCTION NO. 10: Produce any and all specifications, blueprints, documents, memoranda and/or other writings that reflect and/or demonstrate in the form ofa 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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: DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Page 6 Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms of time; and, the request in unlimited in terms of geographic scope. 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 thirty-five (35) years on Defendant's railroad(s). RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms of time; and, the request in unlimited in terms of geographic scope. REQUEST FOR 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: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication DEPENDANTS* OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION Pate 7 privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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). RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure. 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). RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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 ofits 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. DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Page 8 RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery ofadmissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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. RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the request infringes on the attorney work product privilege; the request infringes on the investigative/party commuiucation privilege; the request infringes on the attorney-client privilege; the request exceeds the scope ofdiscovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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 witness(es) 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 her in formulating his or her opinions and conclusions on this case, including all learned treatises (texts, articles, studies, monographs, etc.) and consultant expert work product which forms the basis, in whole or in part, of the witness(es)' opinions or which he or she believes substantiates or corroborates his or her conclusions regarding this lawsuit. DEFENDANTS* OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION P*te9 RESPONSE- Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. Subject to and without waiving the foregoing objections. Defendant states at this time, NSRC has not hired an expert witness to appear and testify at the trial ofthis cause. 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. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; and, the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure. 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: NSRC has no documents responsive to this request covering Plaintiffs claim. DEFENDANTS* OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pt* 10 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 Plaintiffwas employed by Defendant. RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessaiy to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. REQUEST FOR PRODUCTION NO. 23: Provide a copy of all documents from which your present net worth may be ascertained. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. Defendants further object to this Request for the reason that it could not lead to the discovery of admissible evidence. Punitive damages are not available in FELA actions. 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 not limited to the engine room, boiler room, common areas, living quarters, railroads, roundhouses, shops locomotives, or transport cars. DEFENDANTS* OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION P*(e 11 RESPONSE- Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; die request is unlimited in terms of time; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery ofadmissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. REQUEST FOR PRODUCTION NO. 25: Provide a copy of all medical records obtained by the Defendant relating to the Plaintiff. RESPONSE: Any medical records which relates to Plaintiffand have been obtained through medical authorizations supplied by Plaintiff will be produced to counsel for Plaintiff, for the cost ofcopying. 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. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. REQUEST FOR PRODUCTION NO. 27: Provide a copy ofall documents regarding safety, safety training and/or safety meetings provided to or for the benefit ofPlaintiff and other railroad workers to asbestos or asbestos containing products on the railroad. Include any documents given out at such safety meetings and copies ofthe 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. DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION PC* 12 RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; die request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; and, the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure. REQUEST FOR PRODUCiiON NO. 28: Provide a copy of all Defendant's safety and policy manuals regarding the use ofor exposure to asbestos-containing products from 1930 to the present. RESPONSE: To the extent that this request seeks items applicable after 1963, Defendants object to this Request on the following grounds: the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. REQUEST FOR PRODUCi iON NO. 29: Provide a copy of all personnel files maintained by Defendant and/or any agent of Defendant concerning the Plaintiff including but not limited to ail 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 luring purposes, screening purposes or otherwise. RESPONSE: NSRC has been unable to locate any such documents. Investigation continues and if any such documents are located, they will be produced to Plaintiffs counsel. REQUEST FOR PRODUCTION NO. 30: Provide a copy ofall 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 asbestoscontaining 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request in unlimited in terms ofgeographic scope; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the request exceeds the scope ofdiscovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. DEFENDANTS* OBJECTIONS TO PLAINTIFFS' REQUESTS FOR PRODUCTION Fife 13 REQUEST FOR PRODUCTION NO. 31: Provide a copy ofall safety inspection or site inspection records referencing in any way asbestos or asbestos-containing products used on Defendant's railroad(s). RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; die request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. REQUEST FOR PRODUCTION NO. 32: Provide a copy of all Defendant's safety inspection policies and procedures in effect during the time Plaintiffwas employed by Defendant regarding the handling of, application, use or exposure to asbestos-containing products. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request in unlimited in terms of geographic scope; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. 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 or your attorney, whether made as part of the reports of experts or made by you, your attorney, or persons acting as your agents or representatives, and pertaining to any ofDefendant'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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pafe 14 overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure. 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 ofthis 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: Defendants object to the form and substance ofthis request on the ground that the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. 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 witness 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 ofor related to the subject of this suit. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; and, the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request. REQUEST FOR PRODUCTION NO. 36: All witness statements or other documents generated or obtained 'in any investigations into the asbestos exposure made the basis oftins lawsuit whether signed or unsigned. Ifyou contend any such document is privileged, please identify specifically each document withheld, along with the specific privilege asserted. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request seeks information which is private, confidential and/or proprietary; and, the request violates or infringes on the witness statement privilege. DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pi|e IS 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 behalfthat will or may be used in the trial of this lawsuit. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; and, the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules of Civil Procedure. 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 ofthis case. RESPONSE: Defendants object to this request on the grounds that the request infringes on the consulting expert privilege. 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery ofadmissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. REQUEST FOR PRODUCTION 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 ofDefendant or Defendant's insurer concerning this incident or any injuries or disabilities allegedly resulting therefrom) in Defendant's possession or control, or DEFENDANTS* OBJECTIONS TO T1AINTTFFS' REQUESTS FOR PRODUCTION Fife 16 that ofDefendant's insurer, health insurer, disability 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 a purpose. RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; the request violates or infringes on the witness statement privilege; and, the request infringes on the consulting expert privilege. REQUEST FOR PRODUCTION NO. 41: Provide a copy of all accident, injury or illness reports concerning the Plaintiff prepared by and/or for Plaintiffs' employees) and/or agents in the general course ofbusiness. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorney-client privilege; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; the request violates or infringes on the witness statement privilege; and, the request infringes on the consulting expert privilege. REQUEST FOR PRODUCTION 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is vague; the request is ambiguous; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. REQUEST FOR PRODUCTION NO. 43: Provide a copy of any and all contracts and/or agreements ofany kind (iforal, 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. DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Page 17 RESPONSE: Defendants object to the form and substance ofthis request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules ofCivil Procedure. REQUEST FOR PRODUCTION NO. 44: Provide copies ofany 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery ofadmissible evidence; the overly broad nature ofthe request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; and, the request exceeds the scope ofdiscovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure. 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. DEFENDANTS' OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Page 18 REQUEST FOR PRODUCTION NO. 46: Provide a copy of all documents, reports and other materials identified in Answer to Interrogatory No. 12. RESPONSE: Defendants object to the fonn and substance ofthis request on the following grounds: the request is overiy broad; the request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the request seeks information winch is not relevant and which is not reasonably calculated to lead to the discovery ofadmissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request exceeds the scope of discovery permitted by Rule 166b ofthe Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. REQUEST FOR PRODUCTION NO. 47: Please produce any and all x-rays, MRIs, CT-scans, videotapes, or other electronically or technologically created representations, depictions, picturizations, imaging or imagery collected by Defendant in the course of discovery. RESPONSE: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms oftime; the request in unlimited in terms ofgeographic scope; the request is vague; the request is ambiguous; the request seeks information which is not relevant and which is not reasonably calculated to lead to the discovery of admissible evidence; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary to respond to this request; the request exceeds the scope of discovery permitted by Rule 166b of the Texas Rules ofCivil Procedure; and, the request seeks information which is private, confidential and/or proprietary. 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: Defendants object to the form and substance of this request on the following grounds: the request is overly broad; the request is unlimited in terms of time; the request in unlimited in terms of geographic scope; the request is vague; the request is ambiguous; the overly broad nature of the request is such that it would be unduly burdensome and prohibitively expensive to gather the information necessary DEFENDANTS* OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pace 19 to respond to this request; the request infringes on the attorney work product privilege; the request infringes on the investigative/party communication privilege; the request infringes on the attorneyclient privilege; the request exceeds the scope ofdiscovery permitted by Rule 166b of the Texas Rules of Civil Procedure; and, the request seeks information which is private, confidential and/or proprietary. Respectfully submitted, JACKSON WALKER L.L.P. 112 East Pecan Street, Suite 2100 San Antonio, Texas 78205 Telephone (210) 978-7700 Telecopier (210) 978-7796 LEO D. FIGUEROA State Bar No. 06984100 ATTORNEYS FOR DEFENDANT, NORFOLK AND SOUTHERN RAILWAY COMPANY AND NORFOLK SOUTHERN CORPORATION CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing was served by certified mail, return receipt requested, to Mr. Peter A. Kraus / Kimberly A Castles, Baron & Budd, The Centrum, Suite 1100, 3102 Oak Lawn Avenue, Dallas, Texas 75219, on this the ZjjJnfay of August, 1997. All defense counsel may request a copy of this document. 1618669 DEFENDANTS* OBJECTIONS TO PLAINTIFFS* REQUESTS FOR PRODUCTION Pte 20