Document 7RwgmeOMZa3VqOewzB9Gq0D5j

1 SHIELD & SMITH J. LAWRENCE JUDY 2 ROBERT J. RYAN 580 California Street, Suite 1400 3 San Francisco, California 94104 (415) 362-5116 4 5 Attorneys for Defendant CERTAINTEED CORPORATION 6 7 MAR 2 9 1991 RECEIVED 7G79 fhfOCL/ nsr 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF ALAMEDA 10 11 IN RE: 12 COMPLEX ASBESTOS LITIGATION 13 IN RE: SHIPYARD AND APPLICATOR ASBESTOS CASES 14 (CONSOLIDATED FOR DISCOVERY) 15 16 ) ) ) ) ) ) ) ) No. 607734-9 NO. 537868-7 CERTAINTEED CORPORATION'S AMENDED RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS 17 PROPOUNDING PARTY: Plaintiffs 18 RESPONDING PARTY: Defendant, CERTAINTEED CORPORATION 19 SET NUMBER: ONE (1) 20 21 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 22 COMES NOW, defendant CertainTeed Corporation, and hereby 23 amends and supplements its response to Plaintiffs First Set of 24 Interrogatories to All Defendants in and for the County of 25 Alameda, as follows: 26 / / / 27 / / / 28 / / / -1 CflTNTEED.RI/ALAMEDA 1 PREFATORY STATEMENT 2 Pursuant to Section 2030 of the California Code of Civil 3 Procedure. defendant CertainTeed Corporation (hereinafter 4 "defendant") hereby responds to plaintiff's interrogatories 5 without conceding, in any fashion, that any of the 6 interrogatories request information which is either relevant or 7 admissible as evidence in this action. 8 Furthermore, defendant has not completed its 9 investigation of the facts relating to this case and has not 10 completed its preparation for trial. As such, defendant's 11 response to the interrogatories propounded by plaintiff is given 12 without prejudice to defendant's right to produce evidence of any 13 and all subsequently discovered facts and/or documents and to 14 rely on any and all subsequently discovered facts and/or 15 documents at the time of trial or at any other time. 16 17 OBHBRAL OBJECTIONS 18 A. Defendant objects to the interrogatories to the 19 extent that they request information and the identification of 20 documents which are protected by any privilege, Including but not 21 limited to the attorney-client privilege, the joint-defense 22 privilege, and/or the work-product doctrine, and defendant and 23 its counsel hereby asserts such privileges. 24 B. The information sought by many of the 25 interrogatories is so remote in time so as to be of little or no 26 value to plaintiff. Indeed, the interrogatories seek information 27 created many years ago. As requested, the interrogatories will 28 be burdensome, oppressive, and harassing to defendant with little -2- CRTMTEED.IM/ALAMEDA 1 or no benefit flowing to plaintiff. Notwithstanding the 2 foregoing, defendant will attempt to respond to plaintiff's 3 interrogatories, subject to the other applicable objections set 4 forth herein, as fully as possible. 5 C. Plaintiff's unreasonable delay in serving these 6 interrogatories and commencing litigation against defendant has 7 prejudiced defendant's ability to respond to this litigation, in 8 general, and these interrogatories, in particular. 9 Notwithstanding the foregoing, defendant will attempt to respond 10 to plaintiff's interrogatories, subject to the other applicable 11 objections set forth herein, as fully as possible. 12 D. Defendant will make reasonable efforts to respond 13 to each interrogatory, to the extent that it has not been 14 objected to, as defendant understands and interprets the 15 interrogatory. If plaintiff subsequently asserts an 16 interpretation of any interrogatory which differs from that of 17 defendant, defendant reserves its right to supplement its 18 responses accordingly. 19 E. Defendant hereby objects to the definitions of 20 plaintiff insofar as they are oppressive, overly broad, and 21 burdensome, and insofar as they are vague and ambiguous. 22 Defendant also objects to the inclusion of conjunctive or 23 disjunctive definitions as in contravention of Section 2030(f)(5) 24 of the California Code of Civil Procedure. 25 / / / 26 / / / 27 / / / 28 / / / -3- UTHTEED.R I/ALAMEDA 1 INTERROGATORIES AMD SPECIFIC SUPPLEMENTAL RESPONSES 2 INTERROGATORY NO. 10: 3 Has THIS DEFENDANT engaged In the MARKETing of ASBESTOSCONTAINING PRODUCTS comprised in whole or in part of crocidolite 4 asbestos fiber; if so, please state: a. the trade, brand name and/or generic name of each 5 type of product? b. the date(s) THIS DEFENDANT first MARKETed each type 6 of product; c. the date(s) THIS DEFENDANT ceased MARKETing each 7 type of product; d. a general description of the chemical composition 8 of each type of product, including: (i) the type(s) and grade(s) of asbestos fiber 9 contained in each type of product;.............../ .. (ii) the quantitative percentage of the types of 10 fiber in each type of product; (iii) any change(s) in the quantitative percentages 11 of the type(s) of asbestos fiber in each type of product; e. the NATURE of each type of product; 12 f. a description of any wording, markings, and/or logo on each type of product; 13 g. the recommended use(s) of each type of product, including temperature limits; 14 h. the name of the manufacturer of each type of product; 15 i. the name(s) and address(es) of the supplier(s) of the crocidolite asbestos fiber used in each type of product; 16 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of crocidolite asbestos fiber by THIS 17 DEFENDANT. 18 RESPONSE TO INTERROGATORY NO. 1D.1 19 Subject to the aforementioned general objections, and 20 notwithstanding defendant's previous response to this 21 interrogatory, of the products listed in defendant's previous 22 response, only Asbestos-Cement Pipe (item 17) contained 23 crocidolite fiber. 24 INTERROGATORY NO. 12:: 25 Does or did THIS DEFENDANT have a controlling ownership interest in any COMPANY which MARKETed ASBESTOS-CONTAINING 26 PRODUCT(S); if so, please state: a. the name of such COMPANY; 27 b. the date of incorporation of such COMPANY; c. the state of incorporation of such COMPANY? 28 d. the date such interest was acquired; -4 -- CRTNTEED.RI/ALAMEDA 1 e. the date such interest was changed or terminated, if applicable; 2 f. the name and location of each facility of such COMPANY; 3 g. the name of each type of ASBESTOS-CONTAINING PRODUCT(S) manufactured, processed, and/or assembled by such 4 COMPANY. 5 RESPONSE TO INTERROGATORY NO. 12: 6 Subject to the aforementioned general objections, and 7 notwithstanding the information furnished previously in response 8 to this interrogatory concerning Keasbey & Mattison and the 9 Gustin-Bacon Manufacturing Company, defendant never had a 10 controlling ownership interest in either company or any other 11 company which marketed asbestos-containing products. 12 The incorporation dates of Keasbey & Mattison and the 13 Guston-Bacon Manufacturing company are unknown. Gustin-Bacon 14 Manufacturing Company was incorporated in Delaware. The state of 15 Incorporation of Keasbey 6 Mattison is unknown. The asbestos- 16 cement pipe plants acquired from Keasbey & Mattison were located 17 in Ambler, Pennsylvania; St. Louis, Missouri; Hillsboro, Texas; 18 and Santa Clara, California. The plant acquired from Gustin- 19 Bacon at which specialty railroad insulation products were made 20 was located in Kansas City, Kansas. 21 INTERROGATORY NO. 16: 22 If THIS DEFENDANT owned or operated facilities in which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed 23 and/or assembled, please state: a. the date said facilities began operation; 24 b. the date said facility ceased operation; and c. the name of each type of ASBESTOS-CONTAINING 25 PRODUCT manufactured, processed or assembled at each such facility. 26 27 / / / 28 / / / -5- CRTNTEED.R1/ALAMEDA 1 RESPONSE TO INTERROGATORY NO. 16: 2 Subject to the aforementioned general objections, and 3 notwithstanding defendant's previous response to this 4 interrogatory, the facilities commenced operation as follows: 5 ftStegtaB, Pipe: 6 Ambler, Pennsylvania 1938 7 St. Louis, Missouri 1938 8 Hillsboro, Texas 1961 9 Santa Clara, California 1953 10 Riverside, California 1965 11 Specialty Insulation Products for Railroad Industry: 12 Kansas City, Kansas 1943 13 CertfllnTqed Roofing Rr.gflugt;g 14 Avery, Ohio 1972 15 Chicago Heights, Illinois 1931 16 Dallas, Texas 1946 17 East St. Louis, Illinois 1901 18 Kansas City, Missouri 1901 19 Marseilles, Illinois Unknown 20 Minneapolis, Minnesota 1934 21 Niagara Falls, New York Unknown 22 Oxford, North Carolina 1979 23 Richmond, California 1915 24 Savannah, Georgia 1930 25 Shakopee, Minnesota 1974 26 Tacoma, Washington 1955 27 York, Pennsylvania 1916 28 / / / -6- CRWEED. RI/ALAMEDA 1 INTERROGATORY NO. 17; 2 Has THIS DEFENDANT purchased or otherwise acquired any rights to the manufacture of ASBESTOS-CONTAINING PRODUCT(S) from 3 another COMPANY? If so, state: a. the date of purchase of acquisition of such rights; 4 b. the trade, brand, and/or generic name of such ASBESTOS-CONTAINING PRODUCT(S); 5 c. the name and location of any COMPANY from which such rights were purchased or acquired; 6 d. the IDENTITY of the custodian of records of such purchase(s) or acquisition(s). 7 8 RESPONSE TO INTERROGATORY NO. 17: 9 Subject to the aforementioned general objections, and 10 notwithstanding defendant1s previous response to this 11 interrogatory, defendant responds as follows: 12 d. Curtis M. Pontz, Assistant Secretary and Senior 13 Counsel, CertainTeed Corporation, 750 E. Sweedsford Road, Valley 14 Forge, PA 19482. 15 INTERROGATORY NO. 18: 16 Has THIS DEFENDANT applied for and/or received any patent(s) for any ASBESTOS-CONTAINING PRODUCT(S)? If so, state 17 for each such ASBESTOS-CONTAINING PRODUCT: a. the product for which each patent was applied 18 and/or issued; b. the date(s) of application; 19 c. the date(s) of issuance of the patent(s), if granted; 20 | d. the date(s) of renewal, if any; 21 | | e. the patent number(s); f. the name of the individual or COMPANY to whom each 22 patent was issued; g. the IDENTITY of the custodian of patent records of 23 THIS DEFENDANT. 24 RESPONSE TO INTERROGATORY NO. 18i 25 Subject to the aforementioned general objections, and 26 notwithstanding defendant's previous response to this 27 interrogatory, defendant responds as follows: 28 b. January 29, 1960; -7- CRTNTEED.RI/ALAHEDA 1 d. None; 2 f. Certain-teed Products Corporation 3 g. Gilda Saporta, Director of Patents and Trademarks, 4 CertainTeed Corporation, 750 E. Sweedsford Road, Valley Forge, PA 5 19482. 6 INTERROGATORY NO. 22; 7 Does THIS DEFENDANT have any records of the MARKETing, advertisement, or delivery of its RAH ASBESTOS FIBER and/or 8 ASBESTOS-CONTAINING PRODUCT(S) in or to NORTHERN CALIFORNIA? If so, state: 9 a. the manner in which the records are kept, (e.g., in boxes, files, on microfilm, microfiche or computer tape or disk); 10 b. the location(s) and address(es) where such records are maintained; 11 c. the IDENTITY of the custodian of such records. 12 RESPONSE TO INTERROGATORY NO. 22: 13 Subject to the aforementioned general objections, and 14 notwithstanding defendant's previous response to this 15 interrogatory, defendant responds as follows: 16 | b. The precise address of the location at which the 17 | records reside is: (i) CertainTeed Pipe & Plastics Group, 18 CertainTeed Corporation, 750 E. Sweedsford Road, Valley Forge, PA 19 19482; and (ii) Levecque Technical Center, 1400 Union Meeting 20 Road, Blue Bell, Pennsylvania. 21 c. Custodian of Roofing Records is: Harry Owens, 22 Shelter Materials Group, CertainTeed Corporation, 750 E. 23 Sweedsford Road, Valley Forge, PA 19482; and 24 Custodian of Pipe Records is: Sue Thompson, Pipe & 25 Plastics Group, CertainTeed Corporation, 750 E. Sweedsford Road, 26 Valley Forge, PA 19482. 27 / / / 28 / / / -8- CHTHTEED.nl/ALMEDA [ 1 lyTBBRQgftTORX NP- 23; 2 If THIS DEFENDANT has in its possession any records of the MARKETing, advertisement, or delivery of its RAW ASBESTOS 3 FIBER and/or ASBESTOS-CONTAINING PRODUCTS (including microfilm, microfiche, computer or tape disk, or any other system in which 4 data is taken from other records), state whether THIS DEFENDANT has retained the original DOCUMENTS from which the data entered 5 into these modes of storage was obtained. If THIS DEFENDANT has not retained such original DOCUMENTS, state: 6 a. the date(s) when and location(s) where the original DOCUMENTS were disposed of; 7 b. the IDENTITY of the custodian of the original DOCUMENTS at the time of their disposal; 8 9 RESPONSE TO INTERROGATORY NO. 23: 10 Subject to the aforementioned general objections, and 11 notwithstanding defendant's previous response to this 12 interrogatory, to the extent that CertainTeed has not retained 13 original documents of the sort which originally contained the 14 information requested in Interrogatory No. 22, defendant does not 15 know when or where the originals were disposed of or their 16 custodian at the time of disposal. 17 INTERROGATORY NO. 24: 18 Does THIS DEFENDANT have in its possession any exemplar(s) of advertisements or brochures describing its RAW 19 ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCTS; if so, please state: 20 a. the location of each exemplar; b. the year(s) in which said exemplar(s) was utilized; 21 c. the IDENTITY of the custodian of such exemplars. 22 RESPONSE TO INTERROGATORY NO. 24; 23 Subject to the aforementioned general objections, and 24 notwithstanding defendant's previous response to this 25 interrogatory, defendant responds as follows: The custodian of 26 any materials in defendant's possession is Curtis M. Pontz, 27 Assistant Secretary and Senior Counsel, CertainTeed Corporation, 28 750 E. Sweedsford Road, Valley Forge, PA 19482. --9- crweed.kimlakeea 1 CertainTeed has no log or registry which would enable it 2 to determine the years in which any such materials were utilized. 3 INTERROGATORY WO. 26; 4 Describe the packaging or containers in which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER, including 5 composition, dimension, shape and color. 6 RESPONSE TO INTERROGATORY NO. 26: 7 Subject to the aforementioned general objections, 8 defendant did not sell and/or distribute raw asbestos fiber. 9 INTERROGATORY NO. 27: 10 Describe any logo, design, marking or printing, including size and color, which appeared on the packaging or 11 containers in which THIS DEFENDANT sold and/or distributed RAW ASBESTOS FIBER. 12 13 RESPONSE TO INTERROGATORY NO. 27; 14 Subject to the aforementioned general objections, and 15 notwithstanding'defendant's previous response to this 16 interrogatory, defendant did not sell and/or distribute raw 17 asbestos fiber. 18 INTERROGATORY NO. 23; 19 Describe any logo, design, marking or printing, including size and color, which appeared on the packaging or 20 containers in which THIS DEFENDANT sold and/or distributed ASBESTOS-CONTAINING PRODUCTS. 21 22 RESPONSE TO INTERROGATORY NO. 291 23 Subject to the aforementioned general objections, and 24 notwithstanding defendant's previous response to this 25 interrogatory, at some unknown point in time, defendant commenced 26 to affix its logo (C and T with the stem of the T inserted 27 sideways into the C) to the containers in which its roof coatings 28 and cements were packaged. No other specific information -10 CRTNTEED. It 1 /ALAKEDA 1 pertaining to product packaging or containers is presently 2 available. 3 INTERROGATORY NO, 30; 4 Does THIS DEFENDANT have any exemplar(s) of packaging or containers in which its RAW ASBESTOS FIBER and/or ASBESTOS- 5 CONTAINING PRODUCT(S) were sold and/or distributed; If so, state: a. the location of each exemplar; 6 b. the year(s) in which said exemplar(s) was utilized; c. the IDENTITY of the custodian of such exemplars. 7 8 RESPONSE TO INTERROGATORY NO. 3Qi 9 Subject to the aforementioned general objections, and 10 notwithstanding defendant's previous response to this 11 interrogatory, defendant responds as follows: No. 12 IHTERRQgATQRY WO,...21.1 13 Did THIS DEFENDANT put warnings of asbestos-related health hazards on bags of RAW ASBESTOS FIBER; if so, please 14 state: a. the wording of such warning(s), including size, 15 location, and color; b. whether the warning was put on a tag attached to 16 the bags; c. the date such waming(s) was first used; 17 d. whether any change was made in the wording of such warnings, the date(s) of such change, and the reasons for such 18 change. 19 RESPONSE TO INTERROGATORY NO. 31: 20 Subject to the aforementioned general objections, 21 defendant responds as follows: No. 22 INTERROGATORY NO. 32; 23 Did THIS DEFENDANT put warnings of asbestos-related health hazards on the packaging or containers of ASBESTOS- 24 CONTAINING PRODUCT(S); If so, please state: a. the wording of such warning(s), including size, 25 location on the packaging or containers, and color; b. the date such warning(s) was first used; 26 d. whether any change was made in the wording of such waming(s), the date(s) of such change, and the reason(s) for 27 such change. 28 / / / -11- ttTNTEED.HI/ALAMEDA 1 RESPONSE TO INTERROGATORY NO. 32: 2 Subject to the aforementioned general objections, and 3 notwithstanding defendant's previous response to this 4 interrogatory, defendant responds as follows: 5 a. The warning is placed on the unmachined portion of 6 pipe (quarter lengths and larger) at or near the end of the pipe, 7 is in black print over white background, approximately 2-7/8" x 8 3". 9 d. The wording was changed in 1985 in order to provide 10 additional explanation of the potential hazard. 11 INTERROGATORY NO. 33: 12 Has THIS DEFENDANT distributed any brochures or pamphlets that contain warnings of any asbestos-related health 13 hazards; if so, please state: a. the wording of such warning; 14 b. the method used to distribute such brochures or pamphlets; 15 c. the date(s) such brochures or pamphlets were first 16 issued; d. whether THIS DEFENDANT has exemplar(s) of such 17 brochures or pamphlets; e. the IDENTITY of the custodian of such exemplar(s). 18 RESPONSE TO INTERROGATORY NO. 33: 19 Subject to the aforementioned general objections, and 20 notwithstanding defendant's previous response to this 21 interrogatory, defendant responds as follows: 22 c. Dates of publication are supplied on Exhibit "A" to 23 defendant's previous responses to plaintiff's first set of 24 interrogatories. 25 INTERROGATORY HO- 36; 26 Has any employee of THIS DEFENDANT testified by 27 deposition on behalf of THIS DEFENDANT in a third-party case, brought in the United States, wherein the plaintiff has alleged 28 an asbestos-related injury? If so, for each such third party -12- CRTNTEED.81/ALAWEDA 1 case, please state: a. the caption and case number; 2 b. the court of filing including state and county; c. the date of the deposition; 3 d. the name and address of plaintiff's counsel of record. 4 5 RESPONSE TO INTERROGATORY NO, 36: 6 Subject to the aforementioned general objections, and 7 notwithstanding defendant's previous response to this 8 interrogatory, defendant responds as follows: 9 d. With respect to the name and address of plaintiff's 10 counsel. Exhibit "B" to defendant's previous responses to 11 plaintiff's first set of interrogatories sets forth case name, 12 court, and docket number as well as deposition date. Propounding 13 party can just as easily as this defendant establish the identity 14 of plaintiff's counsel. 15 INTERROGATORY NO. 37: 16 Has THIS DEFENDANT been a member of the following: a. Asbestos Textile Institute (ATI); 17 b. Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF); 18 c. Mineral Wool Institute; d. Industrial Mineral Insulation Manufacturers 19 Institute; e. Magnesia Silica Insulation Manufacturers 20 Association; f. National Insulation Manufacturers Association 21 (NIMA); g. Thermal Insulation Manufacturers Association 22 (TIMA); h. Asbestos Information Association (AIA); 23 i. Quebec Asbestos Mining Association (QAMA); j. National Safety Council; 24 k. Asbestos Cement Producers Association; l. Refractories Institute; 25 m. any other organizations or associationsof manufacturers, miners, distributors, importers, labellers, 26 suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS; (i) please state the name(s) of such organizations 27 or associations. 28 / / / -13- CRTNfEED.R1/ALAHEDA 1 RESPONSE TO INTERROGATORY WO. 37: 2 CertainTeed Corporation withdraws its objection to this 3 interrogatory on the basis that it is oppressive, overly broad, 4 and burdensome all out of proportion to any possible discovery 5 value. 6 INTERROGATORY NO. 38; 7 For each organization, association or other entity identified in your Response to Interrogatory No. 37, please 8 state: a. the dates during which THIS DEFENDANT was a member; 9 b. the name(s) of any publication(s) received by THIS DEFENDANT from such association or organization. 10 c. the name of such committee or subcommittee of which THIS DEFENDANT was a member, and the dates of such committee or 11 subcommittee membership. 12 RESPONSE TO INTERROGATORY_N0. 38; 13 CertainTeed Corporation withdraws its objection to this 14 interrogatory on the basis that it is oppressive, overly broad, 15 and burdensome all out of proportion to any possible discovery 16 value. 17 INTERROGATORY NO. 40: 18 State whether THIS DEFENDANT has ever maintained a library (or libraries) in the United States which contains books, 19 articles, periodicals, journals and/or reference materials that relate to the subjects of asbestos, industrial hygiene, medicine, 20 safety, occupational disease and/or engineering. If so, state: a. the date each such library was established; 21 b. the location of each such library; c. the IDENTITY of each librarian or other person in 22 charge of such library. 23 RESPONSE TO INTERROGATORY NO. 24 Subject to the aforementioned general objections, and 25 notwithstanding defendant's previous response to this 26 interrogatory, defendant responds as follows: 27 b. The address of the Blue Bell facility is 1400 Union 28 Meeting Road, Blue Bell, Pennsylvania. -14- CRTNTEED.RI/AUMEDA 1 c. Karola Rac is in charge of the library. 2 INTERROGATORY HO. 42; 3 Has any employee of THIS DEFENDANT testified before the Occupational Safety and Health Administration, the National 4 Institute of Occupational Safety and Health, or any committee or 5 subcommittee of the United States Congress on the inhalation of 6 asbestos dust and the development of disease; if so, please state: 7 a. the entity before whom such testimony was given; b. the date(s) and location(s) of such testimony; 8 c. the IDENTITY of the individual(s) who so testified; d. whether any DOCUMENTS were presented to the entity 9 before which testimony was given; e. whether copies of DOCUMENTS presented were retained 10 by THIS DEFENDANT; (i) if so, state the IDENTITY of the custodian of 11 the DOCUMENT(S). 12 RESPONSE TO INTERROGATORY NO. 42: 13 Subject to the aforementioned general objections, and 14 notwithstanding defendant's previous response to this 15 interrogatory, Mr. McGinley recalls that he testified in 16 Washington, D.C. in what he believes was the spring of 1984, but 17 he does not recall either the exact location or date. He does 18 not have a copy of his testimony. No documents were presented to 19 OSHA. 20 imBBPgftTORY MSLl.43; 21 At any of the physical facilities identified in the 22 Response to Interrogatory No. 15, has THIS DEFENDANT conducted, or caused to be conducted, tests and/or studies of ambient 23 asbestos dust created during the manufacture, processing and/or assembling of ASBESTOS-CONTAINING PRODUCT(S); if so, please 24 state; a. each manufacturing facility, including location and 25 address; at which any such test and/or study was conducted; b. the date of each such test and/or study; 26 c. the individual(s) or entity conducting each such test and/or study; 27 d. whether THIS DEFENDANT has any documents containing the results and/or conclusions of each such study; 28 e. the IDENTITY of the custodian of the documents. -15- CR TWEED.JM/ALAM EDA 1 RESPONSE TO INTERROGATORY NO. 43: 2 Subject to the aforementioned general objections, the 3 person who is the custodian of the sampling results on file in 4 the Health and Safety Department is Janis Woodson, CertainTeed 5 Corporation, 750 E. Sweedsford Road, Valley Forge, PA 19482. 6 INIERSOgATgRX_KQ, SI? 7 Has any person filed a claim for asbestos-related injury regarding THIS DEFENDANT against any workers' compensation 8 insurance carrier which provided coverage for THIS DEFENDANT; if so, please state: 9 a. the date of such claim; b. the name of claimant; 10 c. the caption; d. the case number; 11 e. the court in which the claim was filed; f. the IDENTITY of the custodian of such documents. 12 13 RESPONSE T9 INlEBRPgAIQBY .UAL,.. Six 14 Subject to the aforementioned general objections, and 15 notwithstanding defendant's previous response to this 16 interrogatory, defendant cannot further respond to this 17 interrogatory because it cannot break down the workers' 18 compensation claims brought against it over the years by type of 19 injury or type of claim asserted. 20 INTERROGATORY NO. 53: 21 Does THIS DEFENDANT have insurance available to cover judgment(s) entered against it in asbestos-related personal 22 injury lawsuits; if so, please state: a. the name and principal place of business of any 23 insurance carrier who has issued such policy of insurance; b. the number and effective date of each policy; 24 c. the amount(s) of coverage of each policy; d. the applicable dates of coverage; 25 e. any reservation of rights contained in each such policy; 26 f. the amount of coverage presently exhausted under each such policy; 27 g. the amount of coverage presently available under each such policy; 28 h. whether limits contained in each such policy include costs of defense. -16- CRTNTEED.R1/ALAMEDA 1 RESPONSE TO INTERROGATORY NO. 53: 2 a. CertainTeed Is not obligated to research principal 3 place of business of each insurance carrier listed on Exhibit "C" 4 to the responses to interrogatories as that information is a 5 matter of public record, and equally available to plaintiffs. 6 Additionally, CertainTeed is not obligated to perform legal 7 research as to the "Principal Place of Business" of any insurance 8 carrier. This information would best be obtained from the 9 carrier(s) itself. 10 f. Subject to the aforementioned general objections, 11 and notwithstanding defendant's previous response to this 12 interrogatory, defendant responds as follows: This information 13 is not currently available in any log or compilation. 14 Additionally, CertainTeed, as a member of the Center for Claims 15 Resolution, has entered into an agreement whereby this 16 interrogatory and its sub-parts are irrelevant, and not 17 calculated to lead to admissable evidence. 18 g. Subject to the aforementioned general objections, 19 and notwithstanding defendant's previous response to this 20 interrogatory, defendant responds as follows: This information 21 is not currently available in any log or compilation. 22 Additionally, CertainTeed, as a member of the Center for Claims 23 Resolution, has entered into an agreement whereby this 24 interrogatory and its sub-parts are irrelevant, and not 25 calculated to lead to admissable evidence. 26 I h. Subject to the aforementioned general objections, ? 27 and notwithstanding defendant's previous response to this 28 interrogatory, defendant responds as follows: This information -17- C*TKTEEB.Kl/AUWEDA 1 is not currently available in any log or compilation. 2 Additionally, CertainTeed, as a member of the Center for Claims 3 Resolution, has entered into an agreement whereby this 4 interrogatory and its sub-parts are irrelevant, and not 5 calculated to lead to admissable evidence. 6 7 DATED: 8 ^ . 1990 8BIBLD & SMITH J. LAWRENCE JUDY ROBERT J. RYAN 9 Bv^ V 10 Robert <D RYAy > 11 Attorneys for Defendant "CERTAINTEED CORPORATION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -18- CRTNTEED. It I /ALAMEDA VERIFICATION I am Assistant Secretary and Senior Counsel of CertainTeed Corporation, a defendant in this action, and have been authorized to make this Verification on their behalf. The attached document is true of my own knowledge, except the matters that are stated therein on information and belief, and as to those matters I believe it to be true.I I declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. DATED 1 (PROOF OF SERVICE BY MAIL -- 1013a, 2015.5 C.C.P.) 2 STATE OF CALIFORNIA 3 COUNTY OF SAN FRANCISCO ) ) as. ) 4 5 I am employed in the aforesaid county; I am over the age of eighteen years and not a party to the within entitled action; my 6 business address is: 580 California Street, suite 1400, San Francisco, California 94104. 7 8 On April 2, 1990, I served the within: 9 CERTAINTBED CORPORATION18 AMENDED RESPONSES TO PLAINTIFF'S FIRST SET OF INTERROGATORIES TO ALL DEFENDANTS 10 11 on the interested parties in said action, by placing a true copy thereof enclosed in a sealed envelope addressed as follows: 12 13 Kevin C. Coleman, Esq. BRAYTON 6 ASSOCIATES 14 999 Grant Avenue P. O. Box 2109 15 Novato, CA . 94948 ................ 16 I placed each such envelope, with postage thereon fully prepaid for first-class mail, for collection and mailing at Shield & Smith, 17 San Francisco, California, following ordinary business practices. I am readily familiar with the practice of Shield & Smith for 18 collection and processing of correspondence, said practice being that in the ordinary course of business, correspondence is 19 deposited in the United States Postal Service the same day as it is placed for collection. 20 21 Executed on April 2, 1990 at San Francisco, California. 22 X (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 23 24 ____ (Federal) I declare that I sun employed in the office of a member of the bar of this court at whose direction the service 25 was made. 26 'Ldt27 EILEEN S. 28