Document 6B8eydrZpq5pG6Yo7ZkwOv4k6

Haight Brown & Bonesteel LLP LAWYERS 6080 Center Drive Suite 800 Los Angeles, CA 90045-1574 P.O. Box 45068 Los Angeles, CA 90045-0068 teh 310.215.7100 fax: 310.215.7300 www.hbblaw. com Samuel O. Follis tel: (310) 215-7567 sfollis@hbblaw.com February 13, 2004 VIA FACSIMILE AND FIRST CLASS MAIL Theresa L.. Nelson, Esq. BARON &BUDD 30 Overbrook Blvd., Suite F Monroe, Ohio 45050 PLAINTIFF'S EXHIBIT APV-4 Re: Walter and Mary Hedgren v. A.W. Chesterton, Inc., et al. Cuyahoga County Court of Common Pleas Case No. 498230 Dear Theresa: Please allow this letter to respond to your letter of December 2, 2003, our telephone conversations on December 15,2003, and January 15,2004, and your most recent letter of February 2,2004, regarding APV Baker's Responses to. Plaintiff's Interrogatories and Request for Production ofDocuments in connection with the above-referenced case. First, and foremost, thank you for your patience with, what has proved to be, a tremendously .time consuming process in responding to your clients' discovery requests.. As you will no doubt attest, upon receipt of the volmninous enclosure, the requested additional time was absolutely necessary. . As we discussed over the telephone in December of2003, and on January 15th of this year, the additional (and/or more complete) responses that you seek can (and should) be divided into two categories and discussed separately. First, there are those responses and production items that APV Baker has initially provided and which an explanation and/or receipt ofthe promised documents should suffice; and second, those "new" categories of items and responses for which APV Baker now agrees require supplemental responses and further document production. The first category, I believe will be addressed and completed by this communication and mailing of the referenced enclosure. The second category of supplemental responses and production will require one more (perhaps two) week(s) for completion. APHWXXJ0038 2939670.1 LOS ANGELES SAN FRANCISCO . ORANGE COUNTY SAN DIEGO RIVERSIDE Haight Brown &c Bonesteel LLP Theresa L. Nelson, Esq. February 13, 2004 Page 2 Accordingly, please find enclosed copies ofphotographs of a prototypical oven; Green Sheets/ Orders and Shipping Lists; drawings ofprototypical ovens; indexes of Operator/Maintenance Manuals; and Annual Reports as- delineated by APV Baker's responses to plaintiffs' requests for production; and APV Baker's item by item response to your letter of December 2,2003. To follow, on or before February 27,2004, you will find APV Baker's supplemental responses to plaintiffs' discovery. Again,.I thank you for your patience. Interrogatory No. 3: APV Baker will provide a more compete response to this Interrogatory in supplemental response on or before February 27,2004. Interrogatory No. 5: It is not clear to me what additional information you are seeking in response to this Interrogatory. APV Baker's response is quite lengthy and rather complete. Subpart (b)(6) requests printed material or trademarks that appeared on the package in which the subjects ovens were sold. Of course, these ovens did not come in packages (being shipped to bakeries in'an "erector set form") and would not have contained the requested printed material or trademarks. As indicated in response to subpart (e) -and as can be seen in the attached copies ofphotographs of an oven, the shipment (package) had manufacturing tags or plates. Any "associated trade name that implies asbestos was used," as the phrase was used in responses to this Interrogatory, are contained in APV Baker's responses to Interrogatories 7 and 8.0. APV Baker merely pointed out an inference not a specific association. Accordingly, a listing of "what type of asbestos-containing product(s) is associated with the particular trade name(s), [and] where these asbestos-containing products were used" is beyond the scope of discovery and APV Baker's present knowledge. Interrogatory No. 7: APV Baker will supplement its responses to include the name' of the non asbestos marinite used after changing from Marinite produced by Johns Manville. Notwithstanding the fact that contact information is not requested in this Interrogatory, here is the follow: Rutland Fire Clay Co., P.O. Box 340, Rutland, VT 05702-0340, (800) 544-1307; and 3-1 Supply (Chill-Cote), 3405 Centennial Drive, Medland, MI 48640, (989) 496-3661. Interrogatory No. 8.02: To the best of APV Baker's knowledge the only `co-defendant' who's products APV Baker "admits to'using" is Garlock, Inc. Accordingly, the information requested in connection with Johns Mansville and other non-defendants is not an appropriate request in response to this Interrogatory. Interrogatory No. 8.1: APV Baker renews its objection to supplying information from all locations contained in Plaintiffs' Exhibit A. However, APV Baker will supplement, as AP10-0000038 2939670.1 Haight Brown & Bonesteel LLP Theresa L. Nelson, Esq. February 13, 2004 Page 3 necessary, it response to this Interrogatory to include information regarding Wamerlajara (sic). Baker Perkins-Canada, and those locations identified by a specific bakery and positively identified by your client at his depositions. Please note that without a specific bakery reference it is nearly impossible and, frankly, unrealistic for APV Baker to search by city, state or country alone. Interrogatory No. 9: APV Baker continues to have no records from which this information can be obtained. However, we are continuing to investigate those APV Baker employees Mr. Hedgren testified about in his depositions and to the extent they become know APV Baker will supplement its response to this Interrogatory as necessary. Interrogatory No. 13.1: "Phil" Carey is the name that APV Baker representative Bob Rander is familiar with, nor is it definitive that Flynn Burner Co. and Phil Carey products were asbestos-containing. Note the language in the response which indicates that "[a]lso included would possibly be Flynn Burner Co. and Phil Carey." Therefore, a specific list ofproducts cannot be supplied. Investigation and discovery are continuing, and ifnecessary APV Baker will provide a supplement response. Interrogatory No. 14: APV Baker renews its objection that this Interrogatory is overbroad and unduly burdensome. Interrogatory No. 15: APV Baker will supplement its response to this Interrogatory. Interrogatory No. 41: APV Baker renews its objection that this Interrogatory is overbroad and unduly burdensome. However, to the extent such information has been discovered in the course of APV Baker's investigation in connection plaintiffs' present discovery, those documents are being produced. Interrogatory No. 42: This information is not available. Metro gatorv No. 43: All available indices (or found portions thereof) are being produced and can equally be reviewed for any and all requested information. MerrogatorvNo. 44: There is no clear definition than that provided. .- MerrogatorvNo. 45: Information about vendors is not requested by this Merrogatory. However, this information is provided in APV Baker's responses to Merrogatory No. 7. MerrogatorvNo. 46: APV Baker renews its objection that this Merrogatory is overbroad and unduly burdensome. However, to the extent such information has been discovered in the course AP10-0000038 2939670.1 Haight Brown &: Bonesteel LLP Theresa L. Nelson, Esq. February 13, 2004 Page 4 of APV Baker's investigation in connection plaintiffs' present discovery, those documents are being produced. Interrogatory No. 47.3: The exact date APV Baker stopped using asbestos-containing products cannot presently be ascertained. Discovery and investigation are continuing. APV ' Baker will supplements it response as necessary. Lastly, regarding your inquiry about Request For Production No. 7. APV Baker's response is accurate, in that it sold ovens and typically (and to the best of our knowledge) no work orders/contracts would contain reference to the application of asbestos-containing products. . However, you will have the subject documents if any specific reference is in fact contained - therein. Thank you again for your patience during this most difficult and time consuming discovery process. Please be confident that we are moving forward at a most expeditious pace given the' periods of time and voluminous materials involved. Very truly yours, SOF:me Enclosures (with mail only) I of 3 cc: Bob Rander Samuel O. Follis Haight Brown & Bonesteel LLP s AP10-0000038 2939670.1