Document B5M6JQvrY6MjGEb9E4BzbqRdJ

RAWLE & HENDERSON By: Victoria H. Roberts Identification No. 32838 By: Kathryn K. Deans Identification No. 36821 One South Penn Square The Widener Building Philadelphia, PA 19107 (215) 575-4200 Attorneys for Defendants, Borden, Inc., BCP Management, Inc., and Borden Chemicals and Plastics MARY ANN MONAGHAN, Executrix of the Estate of Robert Monaghan, Deceased, and MARY ANN MONAGHAN, in her own right COURT OF COMMON PLEAS MONTGOMERY COUNTY CIVIL ACTION v. ALLIED-SIGNAL, INC., successor-ininterest to ALLIED CORP. and ALLIED CHEMICAL CORP., et al. NO. 93-02928 RESPONSES OF DEFENDANTS, BORDEN, INC., BCP MANAGEMENT, INC. AND BORDEN CHEMICALS AND PLASTICS TO PLAINTIFFS' REQUEST FOR PRODUCTION OF DOCUMENTS GENERAL OBJECTIONS The General Objections set forth in Borden's Responses to Plaintiffs' First Set of Interrogatories are hereby incorporated by reference into each of Borden's responses to Request for Production of Documents as fully as if therein set forth at length. REQUEST TO PRODUCE NO. 1: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. Borden further objects to this request to the extent it seeks the production of documents not required to be produced by the Pennsylvania Rules of Civil Procedure. ASI 00002144 ADD0B2D5 REQUEST TO PRODUCE NO, 2: There are no documents responsive to this request. See Borden's Response to Interrogatory No. 61. REQUEST TO PRODUCE NO. 3: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a) and 63. REQUEST TO PRODUCE NO. 4: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. Borden further objects to this request to the extent it seeks the production of documents not required to be produced by the Pennsylvania Rules of Civil Procedure. REQUEST TO PRODUCE NO. 5: Borden has not yet selected any expert witnesses for trial. When Borden has done so, it will provide the information required by the Pennsylvania Rules of Civil Procedure and reserves its right to supplement this response. REQUEST TO PRODUCE NO. 6: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a) and 15. REQUEST TO PRODUCE NO. 7: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. In addition, the burden of deriving or ascertaining the ADDQBZD5 -2- ASI 000021445 information requested is substantially the same for the plaintiff as it is for Borden, since the information is equally and publicly available. REQUEST TO PRODUCE NO. 8: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Responses to Interrogatories Nos. 8(a), 15 and 39. REQUEST TO PRODUCE NO. 9: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a). REQUEST TO PRODUCE NO. 10: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. In addition, the burden of deriving or ascertaining the information requested is substantially the same for the plaintiff as it is for Borden, since the information is equally and publicly available. REQUEST TO PRODUCE NO. 11: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a). REQUEST TO PRODUCE NO. 12: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. In addition, the burden of ADD0B205 -3- ASI 00002144 deriving or ascertaining the information requested is substantially the same for the plaintiff as it is for Borden, since the information is equally and publicly available. REQUEST TO PRODUCE NO. 13: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a). REQUEST TO PRODUCE NO. 14: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a). REQUEST TO PRODUCE NO. 15: There are no documents responsive to this request because there were no recalls. See Borden's Response to Interrogatory No. 22. REQUEST TO PRODUCE NO. 16: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. In addition, the burden of deriving or ascertaining the information requested is substantially the same for the plaintiff as it is for Borden, since the information is equally and publicly available. REQUEST TO PRODUCE NO. 17: Objection. See Borden's Response to Interrogatory ' No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. In addition, the burden of deriving or ascertaining the information requested is substantially the same for the plaintiff as it is for Borden, since the information is equally and publicly available. ADD082D5 AS I 000021447 REQUEST TO PRODUCE NO. 18: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. REQUEST TO PRODUCE NO. 19: Objection. See Borden's Response to Interrogatory No. 8(a). Inasmuch as there is no evidence that Ejorden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is net reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. Borden further objects to this request to the extent it seeks the production of documents not required to be produced by the Pennsylvania Rules of Civil Procedure. REQUEST TO PRODUCE NO. 20: Objection. See Borden's Responses to Interrogatories Nos. 8(a) and 43. Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is ncjt reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. REQUEST TO PRODUCE NO. 21: Objection. See Borden's Responses to Interrogatories Nos. 8(a) and 42. Inasmuch as there is no evidence that Borden ever sold or delivered VCM to plaintiff decedent's employer's Pottstown facility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is not reasonably calculated to lead to the discovery of evidence admissible with respect to B orden. A0D0820S -5- As* 000021448 request to the extent it seeks the production of documents not required to be produced by the Pennsylvania Rules of Civil Procedure. REQUEST TO PRODUCE NO. 27: Objection. See Borden's Responses to Interrogatories Nos. 8(a) and 42. Inasmuch as there is no evidence that Borden never sold or delivered VCM to plaintiff decedent's employer's Pottstown acility, Borden objects to this request for production on the grounds that, as to Borden, it is unduly burdensome, oppressive, overly broad and seeks irrelevant information which is non reasonably calculated to lead to the discovery of evidence admissible with respect to Borden. REQUEST TO PRODUCE NO. 28: This request is not applicable, inasmuch as Borden did not provide, sell or ship VCM to decedent's employer's facility. See Borden's Response to Interrogatory No. 8(a). REQUEST TO PRODUCE NO. 29: Not applicab e; no documents have been identified. FAWLE & HENDERSON ' ictona H. Roberts Kathryn K. Deans Attorneys for Defendants, Borden, Inc., BCP Management, Inc. and Borden Chemicals and Plastics The Widener Building One South Penn Square Philadelphia, PA 19107 (215) 575-4200 ADD0B2D5 -7- AS I 000021449