Document B8rzg54npNwmNYXxeZVK9Km8

1 HONORABLE STEPHANIE A. AREND Trial Date: July 19, 2011 2 3 4 5 6 SUPERIOR COURT OF WASHINGTON FOR PIERCE COUNTY 7 8 VIRGINIA URSULA NIUSINI, NO. 09-2-11889-8 9 Plaintiff, 10 v. 11 SABERHAGEN HOLDINGS, INC., et al. 12 Defendants. DEFENDANT J.A. SEXAUER, INC.'S SUPPLEMENTAL ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS 13 14 COMES NOW Defendant J.A. Sexauer, Inc. ("Sexauer") and provides the following 15 supplemental answers and objections to Plaintiffs First Interrogatories and Requests for 16 Production of Documents. 17 GENERAL OBJECTIONS 18 J.A. Sexauer, Inc. objects to the "Instructions" and "Definitions" which precede 19 Plaintiffs Requests. The purported definitions are vague, ambiguous, overly broad and unduly 20 burdensome. Additionally, Sexauer objects to the "Instructions" and "Definitions" insofar as 21 they purport to establish rules for discovery that contravene, contradict, enlarge, or attempt to 22 override procedural and substantive laws of Washington. Washington law provides sufficient 23 DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS -1 RIZ.Z.C3 MATTINGLY BOSWORTH PC 4.1. t SW Strom! Avenue Suite 200 Portland, OR 97204 T: 504.229.1819 j F: 503.229.0630 1 instruction, procedures, and guidance for responding to discovery, and the consequences and 2 legal import of such responses, without the intervention ofplaintiffs counsel. 3 In particular, Sexauer objects to Plaintiffs' purported definitions of "Defendant", "you," 4 "your," "your company," and "J.A. SEXAUER INCORPORTATED," which are an obvious 5 attempt to broaden the scope ofthis discovery insofar as it calls for information concerning 6 entities other than Sexauer. Sexauer has been named and sued solely in its own capacity, and 7 since there have been no allegations concerning any alleged liability for any other entity, Sexauer 8 shall answer this discovery on that basis. Sexauer further objects to those definitions as vague, 9 ambiguous and overly broad, and because they would include entities that are not predecessors. 10 To that extent, these definitions are intended to have legal significance beyond temporal 11 description and call for a legal conclusion. 12 2. Sexauer objects to the information sought insofar as each Interrogatory/Request is 13 vague, overly broad, unduly burdensome, harassing, and seeks information which is neither 14 relevant nor reasonably calculated to lead to the discovery of admissible evidence. 15 3. Sexauer objects to producing information regarding locations, job sites, or equipment 16 other than those identified by Plaintiff as the places where decedent allegedly encountered 17 exposure to asbestos and only at those work sites where Plaintiff has allegedly identified a 18 Sexauer presence. 19 4. Sexauer objects to producing information for periods of time unrelated to this 20 litigation. The only relevant time periods are those for which Plaintiff can demonstrate 21 decedent's exposure to asbestos at work sites where Sexauer may have had a presence. 22 23 DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 2 RIZZQ MATTINGLY SGBWQRTH PC 4.11 SW Second Avcmic Suite 200 Porduud, OK 97204 T: 50.1229.lI9 ! F". 503.229.0050 1 5. Sexauer objects to each Interrogatory/Request on the grounds it calls for a scientific, 2 medical, or other expert opinion which is beyond this Defendant's expertise and will be 3 addressed by experts at trial. 4 6. Sexauer objects to each Interrogatory/Request on the grounds it is misleading, calls 5 for speculation, is presented in the abstract without sufficient information to adequately or safely 6 respond, and as such, is unintelligible as phrased. Notwithstanding such objection, Defendant 7 will make reasonable efforts to respond to the Interrogatory/Request as Defendant understands 8 and interprets the inquiry. If Plaintiff subsequently asserts an interpretation of any 9 Interrogatory/Request which differs from that of Defendant, Defendant reserves its right to 10 supplement its responses accordingly. 11 7. Sexauer objects to Plaintiffs use of such phrases as "your asbestos products," "your 12 asbestos-containing products, "Defendant's products," or any derivation thereof. Such phrases 13 are objectionable as vague, ambiguous, overly broad, and argumentative under the 14 circumstances, as they incorrectly imply that Sexauer manufactured particular products or 15 materials containing asbestos. Ordinary and common usage of such phrases relates to the 16 products of a product manufacturer and do not apply to this Defendant. 17 8. Sexauer objects to Plaintiffs attempt to enlarge the scope of this litigation beyond this 18 Defendant by requesting information concerning "... its predecessors or subsidiaries," or the 19 like, or by any other request for information from an entity other than this Defendant. Sexauer 20 has been named in this litigation in its own capacity, and there have been no allegations 21 concerning any alleged liability for any other entity. Accordingly, Sexauer shall respond in its 22 own behalf, and not as to any other entity. 23 DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 3 RIZZD MATTINGLY BDSWDRTH PC 4 j. I SVv Second .Avenue Sake 200 Portland, OR 07204 T: 5O3.220.181Oj F: '>03.220.0630 1 9. Sexauer objects to each Interrogatory/Request to the extent it seeks or encompasses 2 information which is protected from disclosure by privilege, including but not limited to the 3 attorney-client privilege, the attorney work-product doctrine, and/or any applicable joint defense 4 privilege. As to any such inquiry, Sexauer asserts such privilege(s) as applicable. 5 10. Sexauer objects to any Interrogatory/Request that calls for information specific to 6 a location, worksite or other alleged area of exposure for the reason that Plaintiff has failed to 7 provide sufficient information regarding the alleged exposure to enable Sexauer to respond in a 8 meaningful fashion. Sexauer reserves the right to amend or supplement any such response to the 9 extent sufficient information is later provided. 10 Sexauer incorporates each and all of the foregoing objections into its answers and 11 responses, below. 12 * sjs j)c ^ s): 13 INTERROGATORIES 14 15 INTERROGATORY NO. 5: State the date on which You learned that asbestos poses a potential hazard to human health, and how you came to possess that knowledge. 16 ANSWER: Sexauer objects to this interrogatory as vague, ambiguous, overly broad and 17 potentially misleading, because it assumes facts and is not related to or limited to a product sold by Sexauer or a product to which plaintiff alleges exposure. Sexauer objects to the extent this 18 interrogatory assumes or implies that any product it distributed posed a hazard to human health. Subject to and without waiver of the foregoing objections, Sexauer understands that the degree to 19 which various substances, including asbestos, pose a health risk depends on the frequency, duration and intensity of exposure, the type of asbestos in question, smoking history of the 20 individual in question, whether or not available protective methods or devices were used, and other factors. To the extent it distributed packing material containing encapsulated asbestos 21 fibers, Sexauer was informed by the manufacturers of that material that it was not a "potential hazard to human health." Sexauer never learned that any asbestos-containing products it 22 may have sold posed a potential human health hazard. 23 INTERROGATORY NO. 6: Have You at any time engaged in the manufacture, sale or distribution of asbestos-containing products, specifically including but not limited to packingl DEFENDANT LA. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 4 RiZZQ MATTINGLY BOSWORTH PC 41 [ SW Second Avcmic Suite 200 Portland, OR 07204 T: *303.229.1 IV I R 9)3.220.0630 If so, please identify: (1.) the names of Your entities manufacturing, selling or distributing each of those products; (2.) the trade or brand name of each asbestos-containing product manufactured, sold or distributed by You; (3.) the dates each product was manufactured, sold or distributed; (4.) a description of each product, including the fiber type and percentage of asbestos contained in said product; (5.) how each product was packaged; (6.) Your gross sales of each asbestos-containing product between 1957 and 1980;and (7.) the entity from which You obtained the asbestos in your products. ANSWER: Sexauer objects to this interrogatory because it is vague, overly broad, compound, argumentative, unduly burdensome, not relevant and not reasonably calculated to lead to the discovery of admissible evidence. Sexauer objects to the extent this interrogatory is not limited to the time period or product at issue in this case, and seeks information regarding products not identified by plaintiff. Subject to and without waiver ofthe foregoing objections, some, but not all, packing material distributed by Sexauer from the 1940s through late 1980s may have contained encapsulated asbestos fiber. During that approximate period, Sexauer sold Handy Andy kits with gaskets and packing, some of which contained asbestos, usually encapsulated in Teflon or graphite. Those products were not manufactured by Sexauer, but were purchased from other suppliers. Sexauer is unable to locate or supply other information as requested. INTERROGATORY NO. 7: For any product identified in response to Interrogatory No. 6 identify all warnings You employed to protect the purchasers and users of said products, items, or pieces of equipment from asbestos-related harm including in Your answer the text of said warning and the date on which it commenced. ANSWER: See Response to Interrogatory Nos. 5 and 6, above. Subject to and without waiver of the foregoing, such warnings were not indicated or provided. INTERROGATORY NO. 8: Please state whether any of Your products identified in response to Interrogatory No. 6 were ever were supplied, sold, used, installed or otherwise located on any job site identified on the attached Appendix 1 to these interrogatories. If so, please include Your answer the following information: a. Name ofjob site on which the product, item, or piece of equipment was supplied, used, installed or located; b. Dates during which the product, item, or piece of equipment was on the job site; c. The type and brand name of the product, item, or piece of equipment supplied to or used, installed or located on the job site; d. The amounts of products supplied DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 5 RIZZO MATTINGLY SOSWQRTH PC 411 SW Second .Avenue Suite 200 Portland, OR 97204 T: 50.1229.1819 I F: 503.229.00.R) 1 ANSWER: See Response to Interrogatory No. 6, above. Subject to and without waiver of the foregoing, Sexauer has not located any records relating to the sites identified. 2 INTERROGATORY NO. 9: Identify all measures You employed to protect Your 3 employees involved in the manufacture and/or distribution of products identified in response to Interrogatory No. 6 from asbestos-related disease. 4 ANSWER: Sexauer objects to this interrogatory because it is argumentative, and to the extent 5 it assumes or implies that any product it distributed presented a hazard. For further answer, see Response to Interrogatory Nos. 5 and 6, above. Subject to and without waiver of the 6 foregoing, Sexauer has no record of taking employee protective measures relating to asbestos. No Sexauer employee has ever claimed to have a work-related, asbestos-related 7 disease. 8 INTERROGATORY NO. 10: Do You maintain a listing of the sales of Your asbestos containing products and which You identified in response to Interrogatory No. 6? If so, 9 describe the information maintained including whether said sales are broken down by geographic area, the type of information storage system, and the manner in which specific sales 10 information can be retrieved. 11 ANSWER: See Response to Interrogatory No. 6, above. Subject to and without waiver of the foregoing, no. 12 INTERROGATORY NO. 16: To the extent not provided in your answers to 13 Interrogatories Nos. 6 and/or 7 above, did You ever warn Your customers that Your asbestos- containing packing could be harmful if disturbed during installation, removal, maintenance, 14 and/or repairs? If your answer is Yes, please provide the time period when such a warning was given, and the content of the warning. 15 ANSWER: See Response to Interrogatory Nos. 5 and 6, above. Subject to and without 16 waiver of the foregoing, no. 17 INTERROGATORY NO. 18: Reference is made to the photographs attached hereto as Exhibits A-l through A-4. With respect to the J.A. Sexauer packing material depicted in 18 Exhibits A-l through A-4, please provide the following information, if known: (a) the date of manufacture of the product, (b) the place of manufacture, (c) the type of asbestos utilized in the 19 product, (d) the amount of asbestos utilized in the product, (e) from where the asbestos was obtained that was utilized in the product. 20 ANSWER: Unknown. 21 REQUESTS FOR PRODUCTION 22 REQUEST FOR PRODUCTION NO. 5: Produce legible copies of all product 23 specifications, instruction manuals, advertising, marketing materials, promotional brochures and photographs of all products referenced in response to Interrogatory No. 6. DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 6 RIZZQ MATTINGLY BOSWDRTH PC 4i t SW Second Avcmic Suite 200 Portland, OR 97204 T: '303.229.1819 j F: 503.229-0631) 1 RESPONSE: See Response to Interrogatory No. 6, above. 2 3 DATED this day of May, 2011. 4 5 aywitt, WSBA #: 31959 efendant J.A. Sexauer, Inc. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 7 RIZZQ MATTINGLY BQSWORTH PC 4i 1 S\V Second Avenue Suite 200 Porrknd, OR 97204 T: 304.229.iSl9 j F: 503.229.0640 1 VERIFICATION 2 3 Carmelo Sbezzi certifies under penalty of perjury under the laws ofthe State ofNew York that he is the former Vice President of Sales and former Vice President of Purchasing for the 4 defendant J.A. Sexauer, Inc., that he has read the foregoing responses to Interrogatories and Requests for Productions, knows the contents thereof and believes the same to be true. 5 Signed: 6 4^. a* Dated: 7 8 SUBSCRIBED AND SWORN TO before me on the 3H day of CO 2011. 9 10 11 Notary Public in and for of residing at 12 My commission expires: 13 ------------------------------- " At MATTHEW KINOBER 14 Notary PuMc - Stata of Naw York NO. 01IN6019967 Quallfiad In Bronx County r 15 Mv Commission Expires fmm m m m m m | "*> 16 17 18 19 20 21 22 23 DEFENDANT J.A. SEXAUER, INC.'S ANSWERS AND RESPONSES TO PLAINTIFF'S FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS - 8 RIZZO MATTINGLY BGSWORTH PC 411 SW Second Avenue Suite 200 Portland. OR 97204 T: 503.229.I819| F: 503.229.0030 1 2 3 4 5 6 SUPERIOR COURT OF THE STATE OF WASHINGTON 7 FOR THE COUNTY OF PIERCE 8 VIRGINIA URSULA NIUSINI, 9 Plaintiff, 10 v. I Case No. 09-2-11889-8 DECLARATION OF DELIVERY AND/OR MAILING 11 SABERHAGEN HOLDINGS, INC., et al.. 12 Defendants. 13 14 lam employed by the law firm of Rizzo Mattingly Bosworth PC in Portland, Oregon. I am over the age of eighteen years and not a party to the subject cause. My business address is 411 S.W. Second Avenue, Suite 200, Portland, OR 97204. 16 On the date below, I caused to be served DEFENDANT J.A. SEXAUER, INC.'S 17 SUPPLEMENTAL ANSWERS AND RESPONSES TO PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS on all 18 parties in this action by transmitting a true copy thereof in the following manner unless otherwise indicated. 19 2Q VIA E-MAIL & FAX: Matthew Bergman 21 Brian Ladenburg Bergman, Draper & Frockt 22 614 First Avenue Fourth Floor 23 Seattle, WA 98104 24 Fax: 206-957-9510 mail@bergmanlegal.com 25 Attorneys for Plaintiff ' 26 DECLARATION OF DELIVERY AND/OR MAILING -1 RIZZO MATTINGLY BOSWORTH PC 411 SW Second Avenue Sake 200 Portland, OR 97204 T: 503.229.1819 I F: 503.229.0630 1 VIA EMAIL: 2 Timothy K. Thorson 3 Carney, Badley, Spellman, P.S. 701 Fifth Avenue, Suite 3600 4 Seattle, WA 98104 berman@camevlaw.com 5 Counsel for Saberhagen Holdings, Inc. 6 G. William Shaw Phillip M. Bender K & L Gates LLP 925 Fourth Avenue, Suite 2900 Seattle, WA 98104 asbestos@klgates.com Counsel for Univar Corporation 7 Dana C. Hoerschelmann Thorsrud, Cane & Paulich 8 1325 Fourth Avenue, 1300 Puget Sound Plaza Seattle, WA 98104 9 dhoerschelmami@tcplaw.com Counsel for Qualitex Company 10 11 VIA U.S. MAIL ONLY: 12 Thomas L. Melaney Law Offices of Thomas L. Melaney 13 2263 Spenard Road Anchorage, AK 99503 14 Counsel for Automated Laundry Systems 15 & Supply Corporation 16 I declare under penalty of perjury and under the laws of the State of Washington (RCW 9A.72.085) that the foregoing is true and correct. 17 18 Executed at Portland, Oregon, this 19th day of May, 2011. 19 20 Barbara Kitchel 21 Paralegal 22 23 24 25 26 DECLARATION OF DELIVERY AND/OR MAILING - 2 RIZZO MATTINGLY BOSWDRTH PC 4 L1 SW Second Avenue Suite 200 Potcland, OR 97204 T: 503.229.1819 | F: 503.229.0630