Document 700NNQn2j9JEYgdm3yX5e7QmB

2033 North Main Street, Suite 800 Walnut Creek, CA 94596-3759 925.930.6600 925.930.6620 (Fax) www.archernorris.com AflCHifiNORRIS A PROFESSIONAL LAW CORPORATION DEBORAH DE LA HOUSAYE ddelahousaye@archernorris.com 925.952,5453 SMT MM JK BGS REG JH LB KA August 26, 2011 Lisa Brokaw, Esq. Harowitz & Tigerman, LLP 450 Sansome Street, Suite 300 San Francisco, CA 94111 Re: Elizabeth Goldman and Gerald Goldman v, ACandS, Inc., et al. Alameda County Superior Court Action No. RG-11-579926 Alameda County Superior Court Standard "Dieden" Interrogatories; In Re Complex Case No. 607734-9 Our Client: Graybar Electric Company, Inc. Dear Ms. Brokaw: In response to your request of August 24, 2011, enclosed please find Graybar Electric Company, Inc.'s Responses to Plaintiffs' First Set of Interrogatories prepared and served under In Re: Complex Asbestos Litigation, Case No. 607734-9, October 2, 2008. Very truly yours, ARCHER NORRIS RIC3 39/1213592-1 Paralegal WALNUT CREEK SACRAMENTO NEWPORT BEACH LOS ANGELES SC-GRAY-6570 1 Eugene C. Blackard Jr. (Bar No. 142090) Cesar A. Alvarado (Bar No. 193973) 2 ARCHER NORRIS A Professional Law Corporation 3 2033 North Main Street, Suite 800 P.O. Box 8035 4 Walnut Creek, CA 94596 Telephone: (925) 930-6600 5 Facsimile: (925) 930-6620 6 Attorneys for Defendant 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA 10 11 In Re: Complex Asbestos Litigation 12 13 14 CASE NO. 607734-9 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT GRAYBAR ELECTRIC COMPANY, INC. 15 16 PROPOUNDING PARTY: 17 RESPONDING PARTY: 18 SET NUMBER: Plaintiffs Defendant GRAYBAR ELECTRIC COMPANY, INC. ONE (1) 19 TO DEFENDANT AND ITS ATTORNEY OF RECORD: 20 Plaintiffs require that said defendant answer, under oath, pursuant to Section 2030 of the 21 California Code of Civil Procedure the following interrogatories. DEFINITIONS 22 GEOGRAPHIC LIMITATION. Unless otherwise specifically set forth, the geographic scope of these interrogatories is NORTHERN CALIFONRIA. 23 TIME LIMITATION: Unless otherwise specifically set forth, the time frame of these interrogatories is 1930 to the present 24 "THIS DEFENDANT" (THIS DEFENDANT'S) shall mean the named defendant herein, 25 all of its predecessors in interest, and all of its successors in interest. "YOU" AND "YOUR" refer to the defendant who is named above as the responding 26 party. . . "ASBESTOS-CONTAINING PRODUCT(S)" shall mean any product(s) of THIS 27 DEFENDANT which THIS DEFENDANT knows or believes contain(s) the mineral asbestos. "RAW ASBESTOS FIBER" means asbestos fiber mined or milled, either packaged or in 28 TXECB/694788-1 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT : 1 bulk, not compounded with other substances and essentially pure with the exception of naturally occurring trace amounts of other substances. 2 "MARKET" (MARKETing, MARKETed) shall mean the mining, supply, sale, labeling, 3 distribution, importing, processing or manufacture of raw asbestos fiber and/or asbestos- containing products. 4 A request to describe the "NATURE" of ASBESTOS-CONTAINING PRODUCT(S) shall mean to describe the: (a) color, (b) texture, (c) form (i.e., powder, liquid, paste, solid, board, 5 cloth, blanket, wire insulation, etc.), and (d) physical dimensions (length, width, height, volume and weight). 6 "DOCUMENT(s)" or "WRITINGS(S)" shall include all writings as defined by Section 7 250 of the California Evidence Code. A request to "IDENTIFY" a "DOCUMENT" OR "WRITING" shall mean a request to 8 state: (a) the author; (b) the addressee; (c) date of origin; (d) the nature of the writing or document (e.g., letter, telephone memorandum, audio tape recording, photograph, etc.); and (e) its 9 present location and name and present address of custodian thereof. A request to state the "IDENTITY" of a person or individual means to state his or her 10 name, the place of employment, job title, present business or present or last known home address, 11 and present business telephone number. "NORTHERN CALIFORNIA" shall encompass the following forty-six (46) counties: 12 Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, Mendocino, Merced, 13 Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, 14 Stanislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo and Yuba. 15 A "CONTRACT UNIT(S)" shall mean a department, division, subdivision, branch, or group which has been or is now engaged in installation and/or removal of RAW ASBESTOS 16 FIBER and/or ASBESTOS-CONTAINING PRODUCT(S). "COMPANY" means any profit making private enterprise, including corporations, 17 partnerships, joint ventures, and sole proprietorships. 18 INTRODUCTION AND GENERAL OBJECTIONS 19 20 Responding party Graybar Electric Company, Inc. ("Graybar") makes the following 21 general objections and incorporates by reference herein to each and every response to each 22 interrogatory: 23 1. Graybar also objects to these requests to the extent that they seek information or 24 materials which have been gathered or prepared in the course of the asbestos litigation, or 25 which are otherwise protected by the attorney-client privilege, the work product doctrine, or by 26 27 any other applicable privilege. 28 2. Graybar objects to each and every interrogatory to the extent that it seeks information TXECB/694788-1 2 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 or documents not in responding party's possession, custody or control. 2 3. . Graybar objects to each and every interrogatory to the extent that it seeks information 3 or documents not relevant to the subject matter of this action nor reasonably calculated to lead to 4 the discovery of admissible evidence as to this responding party. 5 4. Graybar objects to each and every interrogatory to the extent that it fails to indicate a 6 7 relevant time period and is over broad, burdensome and oppressive. 8 5. Graybar objects to these interrogatories to the extent that they seek confidential or 9 trade secret information or materials. . 10 6. Graybar objects to these interrogatories to the extent that they are excessive in scope, 11 as they are not limited to specific claims, time periods, exposure claims, or work sites. 12 7. Graybar objects to interrogatory that assumes or suggests that Graybar manufactured 13 "asbestos products", or sold or distributed "asbestos." Graybar did not manufacture "asbestos 14 15 products" and did not sell or distribute "asbestos," 16 8. Graybar also objects to any interrogatories to the extent that they seek confidential or 17 trade secret information or materials. 18 Graybar hereby reserves the right to supplement its responses pending further discovery in 19 this action. Graybar does not concede that any of its answers to these requests are, or will be, 20 admissible evidence at a trial of this action, and Graybar does not waive any objection, on any 21 22 ground, whether or not asserted herein, to the use of any such answer at trial. These general 23 objections and reservations are explicitly made a part of and incorporated by reference in each 24 response hereinafter provided. 25 Without waiving objections and subject to same, Graybar hereby responds to Plaintiffs 26 Interrogatories pursuant to Alameda County General Order 11 Interrogatories. In responding to 27 these interrogatories, responding party has provided such information as is presently available. 28 TXECB/694788-1 3 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 However, discovery continues and responding party reserves the right to introduce such additional 2 evidence or facts as later ascertained, and to present at trial further documentary or oral evidence for 3 analysis not yet obtained or available. 4 Interrogatory No. 1: 5 With respect to the individual verifying these answers on your behalf, state the following; a. their name 6 b. their present business address 7 c. their present job title d. their date of first employment with you, and the dates and titles of each job 8 position they have held while there were employed by you. 9 ANSWER TO INTERROGATORY NO. 1; 10 a. Alice Lehnhoff, Corporate Counsel 11 b. Graybar Electric Company, Inc. 12 34 North Meramec Avenue, Clayton, MO 63105 13 c. Corporate Counsel, June, 2004 to present 14 d. Legal Assistant, March, 1989 to April, 1992 Senior Legal Assistant II, April, 1992 to April, 1996 15 Senior Legal Assistant I, April, 1996 to June, 2004 , 16 Interrogatory No. 2: 17 State whether YOU are,a corporation. If so, state: a. YOUR full corporate name; 18 b. the state of incorporation; c. the date of incorporation; 19 d. the address of YOUR principal place of business; 20 e. If YOU are wholly-owned or if more than five (5) percent of the ownership interest of YOUR COMPANY is owned by another business entity, state that entity's name and 21 principal place of business. 22 ANSWER TO INTERROGATORY NO. 2: 23 Yes. 24 a. Graybar Electric Company, Inc. 25 b. New York ' 26 c. December 11, 1925 27 d. 34 North Meramec Avenue, Clayton, Missouri 28 TXECB/694788-1 4 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 e. GRAYBAR is wholly owned by its employees and retirees 2 Interrogatory No. 3: Has THIS DEFENDANT ever been identified, known, or done business under any other 3 name? If so, please state such name or names and the time period during which THIS 4 DEFENDANT was known or identified. 5 ANSWER TO INTERROGATORY NO. 3: 6 No. 7 Interrogatory No. 4: 8 State whether YOU have ever been registered or qualified to do business in the State of California. If so, state the date YOU became qualified to conduct business in the State of 9 California. 10 ANSWER TO INTERROGATORY NO. 4: 11 Graybar has been qualified to do business in California since December 11,1925. 12 Interrogatory No, 5: 13 Does THIS DEFENDANT currently have, or has THIS DEFENDANT had a department, division, subdivision, branch or group responsible for the design, development, manufacture, 14 testing and use of ASBESTTOS-CONTAINING PRODUCT(S). If so, state: 15 a. the name of each present or former corporate department, division, subdivision, branch or group; 16 b. the IDENTITY of the person most knowledgeable about such department, division, subdivision, branch or group. 17 ANSWER TO INTERROGATORY NO. 5: 18 19 No. Graybar is a distributor of products manufactured by others and does not manufacture 20 asbestos-containing products. 21 Interrogatory No. 6: Has THIS DEFENDANT engaged in the MARKETING of ASBESTOS-CONTAINING 22 PRODUCT(s) comprised in whole or in part of amosite asbestos fiber; if so, please state: 23 a. the trade, brand name and/or generic name of each type of product; b. the date(s) THIS DEFENDANT first MARKETed each type of product; 24 c. the date(s) THIS DEFENDANT ceased MARKETing each type of product; d. a general description of the chemical composition of each type of product, 25 including: (i) 26 type of product; the type(s) and/or grade(s) of RAW ASBESTOS FIBER contained in each 27 (ii) the quantitative percentage of the type(s) of RAW ASBESTOS FIBER in each type ofproduct; 28 (iii) any change(s) in the quantitative percentages of the type(s) of RAW TXECB/694788-1 5 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 ASBESTOS FIBER in each type of product; e. the NATURE of each type of product 2 f. a description of any wording, markings and/or logo on each type of product; 3 g. the recommended use(s) of each type of product, including temperature limits; h. the name(s) ofthe manufacturer(s) of each type of product; 4 i. the name(s) and address(es) of the supplier(s) of the amosite asbestos fiber used in each type of product; 5 j, the IDENTITY of the person(s) most knowledgeable concerning the purchase of amosite asbestos fiber by THIS DEFENDANT. 6 7 ANSWER TO INTERROGATORY NO. 6: 8 GRAYBAR is a distributor of products manufactured by others. It no longer has 9 sufficient information upon which to fully answer this interrogatory. GRAYBAR locations keep 10 sales invoices for six years and the current year pursuant to its retention policy. Records reflecting 11 information for the years 1930 through 1985 have been discarded. 12 GRAYBAR believes that prior to 1985, it distributed asbestos-containing products 13 14 manufactured by others. Graybar was not the manufacturer of these products and, therefore, has 15 no information regarding the "chemical composition" of the product, its intended uses, 16 subsequent alterations, or for what purpose the products were intended. Similarly, because 17 Graybar did not manufacture these products, it is unable to state where the products were 18 manufactured, when the product was first put on the market, when it was taken off the market or 19 why any sales decisions were made. Graybar did not distribute, manufacture, mine or process 20 raw asbestos and therefore has no person most knowledgeable regarding the purchase of asbestos. 21 22 Those products are identified in GRAYBAR catalogs identified as follows. These archival, fragile, one of a 23 kind catalogs are available for review at GRAYBAR's corporate offices at 34 North Meramec Avenue, 24 Clayton, Missouri upon reasonable notice by contacting GRAYBAR's Custodian of Records through its 25 attomey-of-record, Archer Norris. 26 27 28 TXECB/694788-1 Catalog Number 100 101 102 103 Year of Issue 1926 1934 1941 1948 6 Number of Pages 1085 735 1072 1116 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 104 1952 1352 105 1958 1628 2 106 1967 1116 61 1961 214 3 62 1962 232 4 63 1963 236 25 1965 270 5 26 1966 242 27 1967 238 6 28 1969 256 29 1970 248 7 30 1971 248 31 1972 248 8 32 . 1973 238 9 33 1974 254 34 1975 240 10 35 1977 276 36 1979 326 11 37 1982 295 12 13 Interrogatory No. 7: 14 Has THIS DEFENDANT engaged in the MARKETING of amosite asbestos fiber; if so, please state: 15 a. the name and location of each amosite asbestos mine which THIS DEFENDANT presently operates, has operated, or in which THIS DEFENDANT has or had an ownership 16 interest, including the dates of such ownership and the grade of amosite asbestos fiber mined; 17 b. the date(s) THIS DEFENDANT first MARKETed amosite asbestos fiber; c. the date(s) THIS DEFENDANT ceased MARKETing amosite asbestos fiber. 18 d. the grade(s) of such amosite asbestos fiber MARKETed by THIS DEFENDANT; e. the recommended use(s) of each grade of such amosite asbestos fiber, including 19 any temperature limits; f. the name(s) and address(es) of the supplier(s) of amosite asbestos fiber to THIS 20 DEFENDANT. 21 ANSWER TO INTERROGATORY NO. 7: 22 No. 23 Interrogatory No. 8: 24 Has THIS DEFENDANT engaged in the MARKETing of ASBESTOS-CONTAINING 25 PRODUCTS comprised in whole or in part of chrysotile asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each type of product; 26 b. the date(s) this Defendant first MARKETed each type of product; c. the date(s) THIS DEFENDANT ceased MARKETing each type of product; 27 d. a general description of the chemical composition of each type of product, including: 28 TXECB/694788-1 7 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 (i) the type(s) and grade(s) of asbestos fiber contained in each type ofproduct 2 product; (ii) the quantitative percentage of the types of asbestos fiber in each type of 3 (iii) any change(s) in the quantitative percentages of the type(s) of asbestos fiber in each type ofproduct; 4 e. the NATURE of each type of product; f. a description of any wording, markings, and/or logo on each type of product 5 g. the recommended use(s) of each type of product, including temperature limits; h. the name of the manufacturer of each type of product; 6 i. the name(s) and address(es) of the supplier(s) of the chrysotile asbestos fiber used 7 in each type of product; j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of 8 chrysotile asbestos fiber by THIS DEFENDANT. 9 ANSWER TO INTERROGATORY NO. 8: 10 Responding party incorporates herein its response to Interrogatory No. 6. 11 Interrogatory No. 9; 12 Has THIS DEFENDANT engaged in the MARKETing of chrysotile asbestos fiber; if so, please state: 13 a. the name and location of each chrysotile asbestos mine which THIS DEFENDANT presently operates, has operated, or in which THIS DEFENDANT has or had an 14 ownership interest, including dates of such ownership, and the grade of chrysotile asbestos fiber 15 mined; b. the date(s) THIS DEFENDANT first MARKETed chrysotile asbestos fiber; 16 c. the date(s) THIS DEFENDANT ceased MARKETing chrysotile asbestos fiber; d. the grade(s) of such chrysotile asbestos fiber MARKETed by THIS 17 DEFENDANT; 18 e. the recommended use(s) of each grade of such chrysotile asbestos fiber, including temperature limits; 19 f. the name(s) and address(es) of the supplier(s) of chrysotile asbestos fiber to THIS DEFENDANT. 20 ANSWER TO INTERROGATORY NO. 9: 21 22 No. 23 Interrogatory No. 10: Has THIS DEFENDANT engaged in the MARKETing of asbestos-CONTAINING 24 PRODUCTS comprised in whole or in part of crocidolite asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each type of product; 25 b. the date(s) this Defendant first MARKETed each type of product; 26 c. the date(s) THIS DEFENDANT ceased MARKETing each type of product; d. a general description of the chemical composition of each type of product, 27 including: 28 (i) the type(s) and grade(s) of asbestos fiber contained in each type of product (ii) the quantitative percentage of the types of asbestos fiber in each type of TXECB/694788-1 8 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 product; .. (iii) any change(s) in the quantitative percentages of the type(s) of asbestos 2 fiber in each type of product; 3 e. the NATURE of each type of product; f. a description of any wording, markings, and/or logo on each type of product 4 g. the recommended use(s) of each type of product, including temperature limits; h. the name of the manufacturer of each type of product; 5 i. the name(s) and address(es) of the supplier(s) of the crocidolite asbestos fiber used in each type of product; 6 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of 7 crocidolite asbestos fiber by THIS DEFENDANT. 8 ANSWER TO INTERROGATORY NO. 10: 9 Responding party incorporates herein its response to Interrogatory No. 6. 10 Interrogatory No. 11: 11 Has THIS DEFENDANT engaged in the MARKETing of crocidolite asbestos fiber; if so, please state: 12 a. the name and location of each crocidolite asbestos mine which THIS DEFENDANT presently operates, has operated, or in which THIS DEFENDANT has or had an 13 ownership interest, including dates of such ownership, and the grade of crocidolite asbestos fiber mined; 14 b. the date(s) THIS DEFENDANT first MARKETed crocidolite asbestos fiber; 15 c. the date(s) THIS DEFENDANT ceased MARKETing crocidolite asbestos fiber; d. the grade(s) of such crocidolite asbestos fiber MARKETed by THIS 16 DEFENDANT; e. the recommended use(s) of each grade of such crocidolite asbestos fiber, including 17 temperature limits; 18 f. the name(s) and address(es) of the supplier(s) of crocidolite asbestos fiber to THIS DEFENDANT. 19 ANSWER TO INTERROGATORY NO. 11: 20 No. 21 22 Interrogatory No 12: Does or did THIS DEFENDANT have a controlling ownership interest in any 23 COMPANY which MARKETed ASBESTOS-CONTAINING PRODUCT(S); if so, please state: a. the name of such COMPANY 24 b. the date of incorporation of such COMPANY c. the state of incorporation of such COMPANY 25 d. the date such interest was acquired; 26 e. the date such interest was changed or terminated, if applicable; f. the name and location of each facility of such COMPANY; 27 g. the name of each type of ASBESTOS-CONTAINIG PRODUCT(s) manufactured, processed, and/or assembled by such COMPANY, 28 TXECB/694788-1 9 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 ANSWER TO INTERROGATORY NO. 12: 2 No. 3 Interrogatory No. 13: 4 Does or did THIS DEFENDANT have a controlling ownership interest in any COMPANY that MARKETed RAW ASBESTOS FIBER; if so, please state: 5 a. the name of such COMPANY b. the date of incorporation or charter of such COMPANY 6 c. the state or country of incorporation of such COMPANY 7 d. the date such interest was acquired; e. the date such interest was changed or terminated, if applicable; 8 f. the name and location of each asbestos mine owned by such COMPANY; g. the name of each type of RAW ASBESTOS FIBER mined at each mine. 9 10 ANSWER TO INTERROGATORY NO- 13: 11 No. 12 Interrogatory No. 14: Has THIS DEFENDANT warehoused any RAW ASBESTOS FIER or ASBESTOS- 13 CONTAINING PRODUCT(S) in the STATE of CALIFORNIA; if so, please state: a. the address of each warehouse facility 14 b. the year(s) THIS DEFENDANT utilized each facility; 15 c. the IDENTITY of the custodian of warehousing records. 16 ANSWER TO INTERROGATORY NO. 14: 17 Responding party incorporates by reference the General Objections and Response to 18 Interrogatory No. 6. Without waiving objections and subject to same, responding party states that 19 it is not in the business of "warehousing" asbestos-containing products. Graybar currently has 22 20 21 branch locations in the STATE of CALIFORNIA. Those locations are in Anaheim, Bakersfield, 22 City of Industry, Costa Mesa, Fresno, Hayward, Long Beach, Los Angeles, Martinez, Modesto, 23 Rancho Cordova, Sacramento, San Bernardino, San Diego (3 locations); San Francisco, San 24 Jose, San Marcos, Santa Barbara, Santa Maria and Van Nuys. Pursuant to Graybar's records 25 retention policy it no long has records to reflect the sales of any products manufactured by others 26 up to the year 1985 it may or may not have distributed from any of these locations. 27 28 TXECB/694788-I 10 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 Interrogatorv No. 15: Has THIS DEFENDANT owned or operated facilities anywhere in the United States in 2 which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed and/or 3 assembled if so, state: a, the address of each such facility, including city and state. 4 ANSWER TO INTERROGATORY NO. 15: 5 No. 6 7 Interrogatory No. 16: If THIS DEFENDANT owned or operated facilities in which ASBESTOS- 8 CONTAINING PRODUCT(S) have been manufactured, processed and/or assembled, please state: 9 a. the date said facilities began operation; b. the date said facility ceased operation; and 10 c. the name of each type of ASBESTOS-CONTAINING PRODUCT manufactured, 11 processed or assembled at each such facility. 12 ANSWER TO INTERROGATORY NO. 16: 13 Not applicable. 14 Interrogatory No. 17: 15 Has THIS DEFENDANT purchased or otherwise acquired any rights to the manufacturer or ASBESTOS-CONTAINING PRODUCT(S) from another COMPANY? If so, state: 16 a. the date of purchase or acquisition of such rights; b. the trade, brand, and/or generic name of such ASBESTOS-CONTAINING 17 PRODUCT(S); c. the name and location of any COMPANY from which such rights were purchased 18 or acquired; 19 d. the IDENTITY of the custodian of records of such purchase(s) or acquisition(s), 20 ANSWER TO INTERROGATORY NO. 17: 21 No. Responding party is a distributor and not a manufacturer of asbestos-containing 22 products. 23 Interrogatory No. 18: Has THIS DEFENDANT applied for and/or received any patent(s) for any ASBESTOS- 24 CONTAINIG PRODUCT(S)? If so, state for each such ASBESTOS-CONTAINING PRODUCT: 25 a. the product for which each patent was applied and/or issued; 26 b. the date(s) of application; c. the date(s) of issuance of the patent(s), if granted; 27 d. the date(s) of renewal, if any: e. the patent number(s); 28 f. the name of the individual or COMPANY to whom each patent was issued; TXfiCB/694788-1 11 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 g. the IDENTITY of the custodian ofpatent records of THIS DEFENDANT. 2 ANSWER TO INTERROGATORY NO. 18: 3 No. Responding party is a distributor and not a manufacturer of asbestos-containing 4 products. 5 Interrogatory No. 19: 6 Has THIS DEFENDANT registered any trademark(s) for any ASBESTOS7 CONTAINING PRODUCT(S); if so, state for each such ASBESTOS-CONTAINING PRODUCT: 8 a. the product for which each trademark was registered; b. whether the registration was State or Federal; 9 (i) if State, name the State; c. the date(s) or registration; 10 d. the term(s) thereof; 11 e. the date(s) of renewal; f. the name of the individual or COMPANY to whom each trademark was register 12 ANSWER TO INTERROGATORY NO. 19: 13 14 No. Responding party is a distributor and not a manufacturer of asbestos-containing 15 products. 16 Interrogatory No. 20: Did THIS DEFENDANT contract with the General Services Administration and/or other 17 federal-government agency for the sale, anywhere in the United States, of RAW ASBESTOS 18 FIBER between 1930 and 1980; if so, state for each such sale: a. The grade(s) and type(s)ofRAW ASBESTOS FIBER; 19 b. the quantity; c. the date(s) of delivery; . 20 d. the location(s), including the address(es) of delivery e. the name(s) of the agency with which THIS DEFENDANT contracted; 21 f. the date(s) of execution of such contract(s); 22 g. the IDENTITY of the custodian of such contract records of THIS DEFENDANT. 23 ANSWER TO INTERROGATORY NO. 20: 24 No. . 25 Interrogatory No. 21: 26 Did THIS DFENDANT contract with the General Services Administration and/or other federal-government agency for the sale, anywhere in the United States, of ASBESTOS- 27 CONTAINING PRODUCT(S) between 1930 and 1980, please state for each such sale: a. the type of product; 28 b. the quantity; TXECB/694788-1 12 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 c. the date(s) of delivery d. the location(s), including the address(es) of delivery, 2 e. the name(s) of the agency with which THIS DEFENDANT contracted; 3 f. the date(s) of execution of such contract(s); g. the IDENTITY of the custodian of such contract records of this DEFENDANT. 4 ANSWER TO INTERROGATORY NO. 21: 5 Responding party incorporates by reference the General Objections and Response to 6 7 Interrogatory No. 6. Pursuant to its records retention policy, responding party no longer has 8 record of sales of any product for the period 1930 to 1980. 9 Interrogatory No. 22: Does THIS DEFENDANT have any records of the MARKETING, advertisement, or 10 delivery of its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) in 11 or to NORTHERN CALIFORNIA? If so, state: a. the manner in which the records are kept, (e.g., in boxes, files, on microfilm, 12 microfiche or computer tape or disk); b. the location (s) and address(es) where such records are maintained; 13 c. the IDENTITY of the custodian of such records. 14 ANSWER TO INTERROGATORY NO. 22: 15 Responding party incorporates by reference the General Objections and Response to 16 Interrogatory No. 6. Pursuant to its records retention policy, responding party no longer has 17 18 record of sales of any product for the period 1930 to 1980. 19 Interrogatory No. 23: If THIS DEFENDANT has in its possession any records of the MARKETing, 20 advertisement, or delivery of its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCTS (INCLUDING MICROFILM, MICROFICHE, COMPUTER TAPE OR DISK, OR 21 ANY OTHER SYSTEM IN WHICH DATA IS TAKEN FROM OTHER RECORDS), STATE 22 WHETHER this defendant HAS RETAINED THE ORIGINAL documents from which the data entered into these modes of storage was obtained. If THIS DEFENDANT has not retained such 23 original DOCUMENTS, state: a. the date(s) when and location (s) where the original DOCUMENTS were disposed 24 of; b. 25 disposal. the IDENTITY of the custodian of the original DOCUMENTS at the time of their 26 ANSWER TO INTERROGATORY NO. 23: 27 Responding party incorporates by reference the General Objections and Response to 28 TXECB/694788-1 13 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 Interrogatory No. 6. Pursuant to its records retention policy, responding party no longer has 2 record of sales of any product for the period 193 0 to 1980. 3 Interrogatory No. 24: . 4 Does THIS DEFENDANT have in its possession any exemplar(s) of advertisements or brochures describing its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING 5 PRODUCTS; if so, please state: a. the location of each exemplar; 6 b. the year(s) in which said exemplar(s) was utilized; 7 c. the IDENTITY of the custodian of such exemplars. 8 ANSWER TO INTERROGATORY NO. 24: 9 Graybar further objects to the phrase "its . . . Asbestos-Containing Products" as Graybar 10 has no asbestos containing products. Without waiving its objections and subject to same, 11 responding party states that this Interrogatory is more appropriately directed to manufacturers of 12 products. Pursuant to its records retention policy, responding party no longer has record of sales 13 of any product manufactured by others during the designated time period. Responding party does 14 15 have available for review those documents referenced in Response to Interrogatory No. 6. 16 Interrogatory No. 25: State the following: 17 a. the address(es) where the corporate records of THIS DEFENDANT (including 18 minutes from the Board of Directors meetings and corporation annual reports), are currently located; 19 b. the IDENTITY of the custodian of such records. 20 ANSWER TO INTERROGATORY NO. 25: 21 Responding party incorporates by reference the General Objections and Response 22 to Interrogatory No. 6. Graybar also objects to these interrogatories and requests for production 23 to the extent that they seek confidential or trade secret information or propriety materials. 24 Without waiving said objections and subject to same, Graybar's custodian ofbusiness records is 25 Carrie Johnson, c/o Graybar's attorney of records, Archer Norris. 26 Interrogatory No. 26: Describe the packaging or containers in which THIS DEFENDANT SOLD and/or 27 distributed RAW ASBESTOS FIBER, including composition, dimension, shape and color. 28 TXECB/694788-1 14 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 ANSWER TO INTERROGATORY NO. 26: 2 Not applicable. Responding party did not sell or distribute Raw Asbestos Fiber. 3 Interrogatory No. 27: 4 Describe any logo, design, marking or printing, including size and color, which appeared on the packaging or containers in which THIS DEFENDANT sold and/or distributed RAW 5 ASBESTOS FIBER. 6 ANSWER TO INTERROGATORY NO. 27: 7 Not applicable. Responding party did not sell or distribute Raw Asbestos Fiber. 8 Interrogatory No. 28: 9 Described the packaging or containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCT(S), including composition, dimension, shape 10 and color. 11 ANSWER TO INTERROGATORY NO. 28: 12 Responding party incorporates by reference the General Objections and Response to 13 Interrogatory No. 6. Responding party further states that it has not retained any exemplar 14 15 packaging for any product which may have contained asbestos that it distributed which was 16 manufactured by others during the identified time period. 17 Interrogatory No, 29: Describe any logo, design, marking or printing, including size and color, which appeared 18 on the packaging or container in which THIS DEFENDANT sold and/or distributed ASBESTOS19 CONTAINING PRODUCT(S). 20 ANSWER TO INTERROGATORY NO. 29: 21 Responding party incorporates by reference the General Objections and Response to 22 Interrogatory No. 6. Responding party further states that it has not retained any exemplar 23 packaging for any product which may have contained asbestos that it distributed which was 24 manufactured by others during the identified time period. 25 26 Interrogatory No. 30: . Does THIS DEFENDANT have any exemplar(s) of packaging or containers in which its 27 RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) were sold and/or distributed; If so, state: 28 a. ' the location of each exemplar; TXECB/694788-1 15 . RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 b. the year(s) in which said exemplar(s) was utilized; c. the IDENTITY of the custodian of such exemplars. 2 3 ANSWER TO INTERROGATORY NO. 30: 4 No. 5 Interrogatory No. 31: Did THIS DEFENDANT put warnings of asbestos-related health hazards on bags of 6 RAW ASBESTOS FIBER; if so, please state: 7 a. the wording of such w!aming(s), including size, location, and color; b. whether the warning was put on a tag attached to the bags; 8 c. the date such waming(s) was first used. d. whether any change was made in the wording of such warnings, the date(s) of such 9 change, and the reasons for such change. 10 ANSWER TO INTERROGATORY NO. 31: 11 No applicable to responding party. 12 Interrogatory No. 32:. 13 Did THIS DEFENDANT put warnings of asbestos-related health hazards on the packaging or containers of ASBESTOS-CONTAINING PRODUCTS(S)? If so, please state: 14 a. the wording of such warnings, including size, location on the packaging or 15 containers, and color: b. the date such waming(s) was first used: . 16 c. whether any change was made in the wording of such waming(s), the date(s) of such change, and the reason(s) for such change, 17 18 ANSWER TO INTERROGATORY NO. 32: 19 Responding party incorporates by reference the General Objections and Response to 20 Interrogatory No. 6. Graybar distributed products manufactured by other entities and did not alter 21 the original packaging of those products in any way. Any warnings, instructions or sales material 22 connected with those products were placed on the product or provided with the product by the 23 manufacturer. 24 Interrogatory No. 33: 25 Has THIS DEFENDANT distributed any brochures or pamphlets that contain warnings of 26 any asbestos-related health hazards; if so, please state: a. the wording of such warning; 27 b. the method used to distribute such brochures or pamphlets; c. the date(s) such brochures or pamphlets were first issued; 28 d. whether THIS DEFENDANT has exemplar(s) of such brochures or pamphlets; TXECB/694788-1 16 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 e. the IDENTITY of the custodian of such exemplar(s). 2 ANSWER TO INTERROGATORY NO. 33: 3 Responding party incorporates by reference herein its response to Interrogatory No. 32. 4 Interrogatory No. 34: 5 . Did THIS DEFENDANT warn its employees and/or CONTRACT UNIT(S), anywhere in the United States, that exposure to asbestos could be hazardous to human health. If so, state: 6 a. whether copies of DOUCMENTS containing such warnings exist; 7 b. the IDENTITY of the custodian of such DOCUMENTS. 8 ANSWER TO INTERROGATORY NO. 34: 9 Responding party has made a reasonable and good faith effort to obtain the information 10 requested by inquiry to other natural persons or organizations, except where the information is 11 equally available to propounding parties and responds: to its knowledge, GRAYBAR did not warn 12 its employees as to the hazards of asbestos exposure. Responding party does not have any Contract 13 Unit(s). 14 15 Interrogatory No. 35: State the IDENTITY of medical directors and/or industrial hygienists retained by THIS 16 DEFENDANT in the United States. 17 ANSWER TO INTERROGATORY NO. 35: 18 Responding party has not retained any medical directors of industrial hygienists. 19 Interrogatory No. 36: 20 Has any employee of THIS DEFENDANT testified by deposition on behalf of THIS DEFENDANT in a third-part case, brought in the United States, wherein the plaintiff has alleged 21 an asbestos-related injury? If so, for each such third party case, please state: 22 a. the caption and case number; b. the court of filing including state and county; 23 c. the date of the deposition; d. the names and address of plaintiffs counsel of record. 24 ANSWER TO INTERROGATORY NO. 36: 25 26 Yes. 27 Ralph L. Sackett (deceased) testified by deposition in the following matters: 28 1. A. Walberg v. Fibreboard, Case No. 90-2-00223-5 TXECB/694788-1 17 ' RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 B. Superior Court ofWashington for Kitsap County 2 C. , March 30,1992 3 D. Schroeter, Goldmark & Bender, P,S., 500 Central Building, 810 Third Avenue, S 4 Seattle, WA 98104 5 E. Venezia Reporting and Video Services, 1017 Olive Street, Suite L-2, St. Louis, MO 6 2, A. W.V. Civil Action 92-C-8888 7 B. Circuit Court ofKanawha County 8 C. August 31,1993 9 P Henderson & Goldberg, 1030 Fifth Avenue, Pittsburgh, PA 15219 10 E. Waller Reporting, Inc,, 515 Olive Street, Suite 1506, St. Louis, MO 63101 11 Kevin O'Rourke 12 1. A. C.A. No. 93C-01 -119; C.A. No. 94C-07-167; C.A. No. 94C-03-011; C.A. No, 94C- 13 0149; CA94C-12-12-274. 14 B. A court located in the State ofDelaware 15 C. August 22,1995 16 D. Jacobs & Crumplar, P.A., 2 East 7th Street, Wilmington DE 19801 17 E. Wilkes & McCall, Telephone Number (302) 426-1007 18 Donald E. Lang 19 1. A. Pamela A. Ondik, et al, v. ACandS, Inc, et al,, No. 00-2463 20 B. Commonwealth of Massachusetts, Middlesex, Superior Court Department 21 C. December 12,2000 22 D. Law Office ofMichael C. Shepard, P.C., 205 Portland Street, Boston, MA 02114 23 24 E. Eppley Court Reporting, P.O. Box 532, Ashland, MA 01721 25 David Maxwell 26 1. A. Alfred Todak v. Asbestos Defendants, No. 320621 27 B. San Francisco Superior Court, State of California 28 TXECB/694788-1 18 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 C. January 10,2002 2 D. Brayton Purcell, 222 Rush Landing Road, Novato, CA 94948 3 E. Tooker & Antz Court Reporting, 818 Mission Street, 5th Floor, San Francisco, CA 4 2. A. Norman Hopkins v. Asbestos Defendants, No. 408556 5 B. San Francisco Superior Court, State of California 6 C. May 9,2003 7 D. Brayton Purcell, 222 Rush Landing Road, Novato, CA 94948 8 E. Aiken & Welch, One Kaiser Plaza, Suite 505, Oakland, CA 9 3. A. Walter A. Crossv. Flintkote, etal.. No. 00-CV-00117 10 B. In the Court of Common Pleas, Trumbull County, Ohio 11 C. August 30,2006 12 D. Law Offices ofRussell Smith, 503 Key Building, 159 South Main Street, Akron, 13 OH 44308 14 E. Premier Court Reporting, 3rd Floor, 80 South Summit Street, Akron, OH 15 James Estis 16 A. Douglas W. Cochrane (WD: Carol S. Cochrane), Case No, 03-09321 -NP 17 Ronald Shuster (WD: Lorraine E. Shuster), Case No. 03-09320-NP Nicholas/Betsy Waswick, Case No, 04-01852-NP 18 B. Circuit Court for the County of Shiawassee, State ofMichigan 19 C. August 9,2005 20 D. Goldberg, Persky & White, P.C., 4800 Fashion Square Boulevard, Suite 260, 21 Saginaw, Michigan 48604 22 E. Bienenstoek Court Reporting & Video, www.bienenstock.com 23 Gerald G. Pollick 24 A. Robert Donlan and Paulette F. Donlan v. A. W. Chesterton, et al.. Case No. 07-0774 25 B. Commonwealth ofMassachusetts, Middlesex Superior Court 26 C. September 13, 2007 27 D. Coady Law Firm, 205 Portland Street - 5th Floor, Boston, MA/Simon Eddins & 28 Greenstone, LLP, 3232 McKinney Avenue, Suite 610, Dallas, TX TXECB/694788-1 19 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 E. Eppley Court Reporting, LLC, P.O. Box 382, Hopedale, MA 01747 2 3 Interrogatory No. 37: 4 Has THIS DEFENDANT been a member of the following: a. Asbestos Textile Institute (ATI); 5 b. Industrial Hygiene Foundation and/or Industrial Health Foundation (1HF); c. Mineral Wool Institute; 6 d. Industrial Mineral Insulation Manufacturers Institute; 7 e. Magnesia Silica Insulation Manufacturers Association; f. National Insulation Manufacturers Association (NIMA); 8 g. Thermal Insulation Manufacturers Association(TIMA); h. Asbestos Information Association (AIA); 9 i. Quebec Asbestos Mining Association (QAMA); j. National Safety Council 10 k. Asbestos Cement Producers Association; 11 l. Refractories Institute; m. any other organizations or associations of manufacturers, miners, distributors, 12 importers, labellers, suppliers and/or sellers of ASBESTOS-CONTAINING PRODUCTS; 13 (i) please state the name(s) of such organizations or associations. 14 ANSWER TO INTERROGATORY NO. 37: 15 a --1. No. 16 m: Responding party incorporates by reference its general objection to this 17 interrogatory. Responding party further objects to this interrogatory in that it would require 18 speculation on behalf of responding party regarding other organizations or distributors' products. 19 Graybar has no information responsive to this interrogatory. 20 Interrogatory No. 38: . 21 For each organization, association or other entity identified in your Response to Interrogatory No. 37, please state: 22 a. the dates during which THIS DEFENDANT was a member. 23 b. the name(s) of any publication(s) received by THIS DEFENDANT from such association or organization. 24 c. the name of such committee or subcommittee of which THIS DEFENDANT was a member, and the dates, of such committee or subcommittee membership. 25 26 ANSWER TO INTERROGATORY NO. 38: 27 Not applicable. 28 UL TXECB/694788-1 20 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 Interrogatory No. 39: Has THIS DEFENDANT received any DOCUMENT(S) containing results or conclusion 2 of any studies and/or tests conducted by the Saranac Laboratory at the Trudeau Foundation 3 relating to the human health consequences of exposure to asbestos? if so, please: a. IDENTIFY all such DOCUMENT(S); 4 b. state the date upon which THIS DEFENDANT first received such DOCUMENT(S); 5 c. the IDENTITY of the custodian of such DOCUMENT(S). 6 ANSWER TO INTERROGATORY NO. 39: 7 No. 8 Interrogatory No. 40: 9 State whether THIS DEFENDANT has ever maintained a library (or libraries) in the United States which contains books, articles, periodicals, journals and/or reference materials that 10 relate to the subjects of asbestos, industrial hygiene, medicine, safety, occupational disease and/or 11 engineering. If so, state: a. the date each such library was established; 12 b. the location of each such library; c. the IDENTITY of each librarian or other person in charge of such library; 13 ANSWER TO INTERROGATORY NO. 40: 14 15 No. 16 Interrogatory No. 41: Has THIS DEFENDANT exchanged documents containing the results of or 17 communicated with any individual or other COMPANY regarding tests and/or studies of the relationship between the inhalation of asbestos fibers and development of disease(s); if so, please 18 state: 19 a. each individual or COMPANY with whom the information was exchanged or to whom it was communicated. 20 b. the date(s) of any such exchanges or communications; c. the IDENTITY of the custodian of such documents. 21 ANSWER TO INTERROGATORY NO. 41: 22 23 Responding party incorporates by reference herein its General Objections. Without 24 waiving said objections, responding party answers, No. 25 Interrogatory No. 42: 26 Has any employee of THIS DEFENDANT testified before the Occupational Safety and Health Administration, the National Institute of Occupational Safety and Health, or any 27 committee or subcommittee of the United States Congress on the inhalation of asbestos dust and the development of disease; if so, please state: 28 a. the entity before whom such testimony was given; TXECB/694788-1 21 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 b. the date(s) and location(s) of such testimony; c. the IDENTITY of the individual(s) who so testified; 2 d. whether any DOCUMENTS were presented to the entity before which testimony 3 was given; e. whether copies of DOCUMENTS presented were retained by THIS 4 DEFENDANT; (i) if so, state the IDENTITY of the custodian of the DOCUMENT(S). 5 ANSWER TO INTERROGATORY NO. 42: 6 7 No. 8 Interrogatory No. 43: At any of the physical facilities identified in the response to Interrogatory No. 15, has 9 THIS DEFENDANT conducted, or caused to be conducted, tests and/or studies of ambient asbestos dust created during the manufacture, processing and/or assembling of ASBESTOS- 10 CONTAINING PRODUCT(S); if so, please state: 11 a. each manufacturing facility, including location and address; at which any such test and/or study was conducted; 12 b. the date of each such test and/or study; c. the individual(s) or entity conducting each such test and/or study; 13 d. whether THIS DEFENDANT has any documents containing the results and/or conclusions of each such study; 14 e. the IDENTITY of the custodian of the documents. 15 ANSWER TO INTERROGATORY NO. 43: 16 Not applicable to responding party. Responding party is distributor and not a 17 manufacturer, processor or assembler of any asbestos-containing products. 18 19 Interrogatory No. 44: Has THIS DEFENDANT conducted, or caused to be conducted, any tests and/or studies 20 on ambient asbestos dust levels at any location or job site where its "ASBESTOS-CONTAINING PRODUCTS" were utilized in the UNITED States; if so, please state: 21 a. the location, including name and address, at which each such test and/or study was conducted. 22 b. the individual(s) or entity conducting each such test and/or study; 23 c. the date of each such test and/or study; d. whether THIS DEFENDANT has any DOCUMENTS containing the results 24 and/or conclusions of each such test and/or study; e. the IDENTITY of the custodian of these DOCUMETNS. 25 26 ANSWER TO INTERROGATORY NO. 44: 27 Responding party incorporates by reference herein its General Objections and Response to 28 Interrogatory No. 6. Responding party further objects to the term "utilized." Graybar further TXECB/694788-1 22 ' RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 objects to the phrase "its Asbestos-Containing Products" as Graybar has no asbestos containing 2 products. Without waiving said objects and subject to same, responding party states that this 3 interrogatory is more appropriately directed to manufacturers. Responding party has not 4 conducted any tests or studies. 5 Interrogatory No. 45: 6 Did THIS DEFENDANT have any laboratory or other facility anywhere in the United 7 States at which it conducted, or caused to be conducted, any tests and/or studies of its ASBESTOS-CONTAINING PRODUCTS to measure the amount of asbestos dust generated by 8 any use for which such products were designed; if so, please state: a. the location, including name and address, at which each such test and/or study was 9 conducted; b. the individual(s) or entity conducting each such test and/or study; 10 c. the date of each such test and/or study; 11 d. whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study; 12 e. the IDENTITY of the custodian of such DOCUMENTS. 13 ANSWER TO INTERROGATORY NO. 45: 14 Responding party incorporates by reference the General Objections and Response to 15 Interrogatory No. 6. Graybar further objects to the phrase "its Asbestos-Containing Products" as 16 Graybar has no asbestos containing products. Without waiving its objections and subject to same, 17 18 responding party states that this Interrogatory is more appropriately directed to manufacturers of 19 products. Responding party has no such laboratory or facility. 20 Interrogatory No. 46: Has THIS DEFENDANT made available to its employees engaged in the MARKETING 21 of its RAW ASBESTOS FIBER and/or its ASBESTOS-CONTAINING PRODUCT(S), a 22 medical examination program; if so, please state: a. whether chest x-Orays or pulmonary function tests were part of such program(s); 23 b. whether participation in any such program was a mandatory condition of employment or was voluntary; 24 (i) if mandatory as a condition of employment, how frequently each employee was required to undergo such examination; 25 c. whether THIS DEFENDANT has DOCUMENTS of such program; 26 d. The IDENTITY of the custodian of such DOCUMENTS 27 ANSWER TO INTERROGATORY NO. 46: 28 Responding party incorporates by reference the General Objections and Response to TXECB/694788-1 23 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 Interrogatory No. 6. Graybar further objects to the phrase "its Asbestos-Containing Products" as 2 Graybar has no asbestos containing products. Without waiving its objections and subject to same, 3 responding party states that this Interrogatory is more appropriately directed to manufacturers of 4 products and responds, No. 5 Interrogatory No. 47: 6 Has THIS DEFENDANT notified in writing any individuals or COMPANIES to whom it 7 MARKETed RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S), anywhere in the United States, of the potential relationship between exposure to asbestos and 8 disease; if so, please state: a. the date(s) THIS DEFENDANT provided this information; 9 b. the means used for transmittal of such information c. whether THIS DEFENDANT has any copies of any DOCUMENTS transmitting 10 such information; 11 d. the IDENTITY of the custodian of such documents. 12 ANSWER TO INTERROGATORY NO. 47: 13 Responding party incorporates by reference the General Objections and Responses to 14 Interrogatory Nos. 6 and 32. Without waiving its objections and subject to same, responding party 15 states that this Interrogatory is more appropriately directed to manufacturers of products. 16 Interrogatory No. 48: 17 Has THIS DEFENDANT required any individual(s) who MARKETed its ASBESTOS- 18 CONTAINING PRODUCT(S) to wear respirators or face masks; if so, please state: a. the job title(s), if known, of individual(s) required to wear respirators or face masks; 19 b. the date(s) on which THIS DEFENDANT first required the wearing of respirators or face masks; 20 c. the means by which the requirement to wear respirators or face masks was communicated; 21 d. whether THIS DEFENDANT has any copies of DOCUMENTS communicating 22 such requirements; e. the IDENTITY of the custodian of such DOCUMENTS. 23 ANSWER TO INTERROGATORY NO. 48: 24 Responding party incorporates by reference the General Objections and Response to 25 26 Interrogatory No. 6. Graybar further objects to the phrase "its Asbestos-Containing Products" as 27 Graybar has no asbestos containing products. Without waiving its objections and subject to same, 28 responding party states that this Interrogatory is more appropriately directed to manufacturers of TXECB/694788-l 24 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 products and responds, No. 2 Interrogatory No. 49: 3 Does or did THIS DEFENDANT utilize or employ any CONTRACT UNIT. If so, please state: , . 4 a. the inclusive periods of time the CONTRACT UNIT(s) was utilized or employed; b. the business address and name of the CONTRACT UNIT(S) 5 c. whether THIS DEFENDANT has any DOCUMENTS showing the location(s) of the job site(s) where the CONTRACT UNIT(S) WORKED, and if so, state the IDENTITY of the 6 custodian of such DOCUMENTS. 7 ANSWER TO INTERROGATORY NO. 49: 8 No. 9 10 Interrogatory No. 50: Has THIS DEFENDANT received any written communication or other DOCUMENT, 11 other than a claim for workers' compensation, that any person was claiming injury as a result of exposure to its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S); if 12 so, please IDENTIFY the first such written communication or DOCUMENT, 13 ANSWER TO INTERROGATORY NO. 50: 14 Responding party incorporates by reference the General Objections. Graybar further 15 objects to the phrase "its . .. Asbestos-Containing Products" as Graybar has no asbestos 16 containing products. Without waiving its objections and subject to same, responding party states 17 18 Graybar has been named in civil litigations beginning in 1985 involving persons who have 19 alleged asbestos-related injury from alleged use of products manufactured by others and 20 distributed by Graybar. Information regarding those claims is equally available to plaintiff. 21 Interrogatory No. 51: 22 Has any person filed a claim for asbestos-related injury regarding THIS DEFENDANT against any workers' compensation insurance carrier, which provided coverage for THIS 23 DEFENDANT; if so please state: a. the date of such claim; 24 b. the name of claimant; c. the caption; 25 d. the case number; 26 e. the court in which the claim was filed; f. the IDENTITY of the custodian of such documents. 27 Ill 28 . TXECB/694788-1 25 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 ANSWER TO INTERROGATORY NO. 51: 2 Responding party objects to the terms "any person" and "any workers" compensation 3 insurance carrier" as vague and calling for speculation. Without waiving objections and subject 4 to same, responding party states that based on information and belief, No. 5 Interrogatory No. 52: 6 Has any person filed a workers' compensation claim for asbestos-related injury against 7 THIS DEFENDANT; if so, please state: a. the date of such claim; 8 b. the name of claimant; c. the caption; 9 d. the case number; e. the court in which the claim was filed; 10 f. the IDENTITY of the custodian f such documents. 11 ANSWER TO INTERROGATORY NO. 52: 12 No. 13 Interrogatory No. 53: 14 Does THIS DEFENDANT have insurance available to cover judgment(s) entered against 15 it in asbestos-related personal injury lawsuits; if so, please state: a. the name an principal place of business of any insurance carrier who has issued 16 such policy of insurance; b. the number and effective date of each policy; 17 c. the amount(s) of coverage of each policy; 18 d. the applicable dates of coverage e. any reservation ofrights contained in each such policy; 19 f. the amount of coverage presently exhausted under each such policy; g. the amount of coverage presently available under each such policy; 20 h whether limits contained in each such policy include costs of defense. 21 ANSWER TO INTERROGATORY NO. 53: 22 Yes. Royal Insurance Company, 23 Years of Coverage Camer/Policy Number .24 25 12/31/64-12/31/65 12/31/65-12/31/68 26 12/31/68-12/31/71 12/31/71-12/31/72 27 12/31/72-12/31/73 12/31/73-12/31/74 28 12/31/74-12/31/75 TXECB/694788-1 RLG 098720 RLG 105640 PTG 606428 PTG 606421 PTG 606422 PTG 606423 PTG 606424 26 Policy Limits ...(Occunrence/Annual Products Liability Aggiegate) $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 12/31/75-12/31/76 12/31/76-12/31/77 2 01/01/78-01/01/79 01/01/79-01/01/80 3 01/01/80-01/01/81 01/01/81-01/01/82 4 01/01/82-01/01/83 01/01/83-01/01/84 5 01/01/84-01/01/85 6 PTG 606425 PTG 606426 PTG 313041 PTG 313042 PTG 313043 PTG 313044 PLU 608890 PLUB77700 PLU B77700 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/$500,000 CSL $200,000/8500,000 CSL 7 Interrogatory No. 54: Has THIS DEFENDANT owned or operated any petroleum refining facilities; if so, 8 please state: a. whether any ASBESTOS-CONTAINING PRODUCT(S) WERE MARKETed on 9 the premises of such refining facilities; 10 b. the location, including the name and address of all such refining facilities; c. the dates of operation of such refining facilities; 11 d. the types of ASBESTOS-CONTAINING PRODUCT(S) MARKETed on such premises; 12 e. the names of the manufacturers of any ASBESTOS-CONTAINING PRODUCTS MARKETed on such premises; 13 f. whether THIS DEFENDANT has documents identifying such MARKETing; 14 g. the IDENTITY of the custodian of such documents, 15 ANSWER TO INTERROGATORY NO. 54: 16 No. 17 Interrogatory No. 55: 18 Has THIS DEFENDANT held a controlling ownership interest in any COMPANY which owned or operated petroleum refining facilities: if so, for the period(s) of time during which 19 THIS DEFENDANT held such interest, please state: a. whether any ASBESTOS-CONTAINING PRODUCTS were MARKETed on the 20 premises of such refining facilities; 21 b. the location, including the name and address of all such refining facilities; c. the dates of operation of such refining facilities; 22 d. premises. the types of ASBESTOS-CONTAINING PRODUCTS MARKETed on such . 23 e. the names of the manufacturers of any ASBESTOS-CONTAINING PRODUCTS MARKETed on such premises; 24 f. whether THIS DEFENDANT has DOCUMENTS identifying such MARKETing; 25 g. the IDENTIY of the custodian of such DOCUMENTS. 26 ANSWER TO INTERROGATORY NO. 55: 27 No. 28 TXECB/694788-1 27 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 Interrogatory No. 56: There is no Interrogatory No. 56 2 Interrogatory No. 57: .. 3 Has THIS DEFENDANT contracted with any COMPANY for the MARKETing of ASBESTOS-CONTAINING PRODUCT(S) on any premises owned or leased by THIS 4 DEFENDANT; if so, please state: a. the location, including name and address of such premises; 5 b. the name and address of each such COMPANY c. the types of ASBESTOS-CONTAINING PRODUCTS; 6 d. the name of the manufacturers of such ASBESTOS-CONTAINING PRODUCTS; 7 e. whether THIS DEFENDANT has DOCUMENTS of such MARKETing; f. the IDENTITY of the custodian of such DOCUMENTS. 8 9 ANSWER TO INTERROGATORY NO. 57: 10 No. 11 Dated: October 2^, 2008 12 ARCHER NORRIS 13 14 15 Eugene C. JBlackard Jr. Cesar A. Alvarado 16 Attorneys for Defendant GRAYBAR ELECTRIC COMPANY, INC. 17 18 19 20 21 22 23 24 25 26 27 28 TXECB/694788-1 28 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 2 3 VERIFICATION 4 I have read the foregoing RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT GRAYBAR ELECTRIC COMPANY, INC. and 5 know its contents. 6 I am a party to this action." The matters stated in it are true of my owp knowledge except as to those matters which are stated on information and belief, and as to 7 those matters I believe them to be true, 8 I am Corporate Counsel of Graybar Electric Company, Inc., a party to this action, and am authorized to make this verification for and on its behalf, and I make this 9 verification for that reason, I have read the foregoing documents). I am informed and believe and on that ground allege that the matters stated in it are 10 true. 11 I am one ofthe attorneys of record for Defendant, a party to this action. Such party is absent from the county in which I have my office, and I make this 12 verification for and on behalf of that party for that reason. I have read the foregoing document(s). I am informed and believe and on that ground allege that 13 the matters stated in it are true. 14 Executed at Clayton, Missouri on this day of 2008. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16 dltti} 17 18 off 19 20 21 22 23 24 25 26 27 28 TXBCB/694788-1 29 RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT 1 PROOF OF SERVICE .2 Name of Action: In Re: Complex Asbestos Litigation Court and Action No: Alameda Superior Court Action No. 607734-9 3 I, Rakia V. Grant-Smith, declare that I am over the age of eighteen years and not a party to 4 this action or proceeding. My business address is 2033 North Main Street, Suite 800, Walnut Creek, California 94596-3759. On October 2,2008,1 caused the following documents) to be 5 served: RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT GRAYBAR ELECTRIC COMPANY, INC. 6 by placing a true copy of the documents) listed above, enclosed in a sealed envelope, 7 addressed as set forth below, for collection and mailing on the date and at the business address shown above following our ordinary business practices. I am readily familiar 8 with this business' practice for collection and processing of correspondence for 9 mailing with the United States Postal Service. On the same day that a sealed envelope is placed for collection and mailing, it is deposited in the ordinary course of business 10 with the United States Postal Service with postage fully prepaid. 11 by having a true copy of the document(s) listed above transmitted by facsimile to the person(s) at the facsimile number(s) set forth below before 5:00 p.m. The transmission 12 was reported as complete without error by a report issued by the transmitting facsimile 13 machine. 14 by having personally delivered a true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 15 by having personal delivery by, _______ _ of a true copy of the document(s) 16 listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set forth below. 17 18 by placing a true copy of the document(s) listed above, in a box or other facility regularly maintained by, an express service carrier, or delivered to a 19 courier or driver authorized by the express service carrier to receive documents, in an envelope designated by the express service carrier, with delivery fees paid or provided 20 for, addressed as set forth below. 21 I electronically served the above referenced document(s) through. E- 22 service in this action was completed on all parties listed on the service list with . This service complies with the court's order in this case. 23 Kazan, McClain, Abrams, Lyons, Greenwood & Harley 24 A Professional Law Corporation 171 Twelfth Street, Third Floor 25 Oakland, CA 94607 26 I declare under penalty of perjury that the foregoing is true and correct. Executed on October 2, 2008, at Walnut Creek, California. 27 28 Rakia V. Grant-Smith RESPONSE TO PLAINTIFFS' FIRST SET OF INTERROGATORIES TO DEFENDANT GRAYBAR