Document BKJjVzYOg6JVBd470djao8j

FILE NAME Kubota KUB DATE 2010 DOC KUB032 DOCUMENT DESCRIPTION Legal - Defendant Kubota's Responses to Plaintiffs Request for Production Set One 03/15/2010 03/15/2010 17:18 FAX 080/1080/137 3080/7137 Thomas C. Corless State Bar No. 100614 Aide C. Ontiveros State Bar No. 169629 2 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 3 555 S. Flower Street Suite 2900 Los Angeles California 90071 4 Telephone 213 443-5100 Facsimile 213 443-5101 5 Attorneys for Defendant KUBOTA CORPORATION 6 SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 10 RHODA EVANS and BOBBY EVANS I ) Unlimited Civil Case ) Plaintiffs ) Case No BC 418867 Judge Conrad R. Aragon Dept. 49 13 ) DEFENDANT KUBOTA 14 A.W. CHESTERTON COMPANY et al ) CORPORATION'S RESPONSES TO ) PLAINTIFFS REQUEST FOR ) PRODUCTION SET ONE 15 Defendants ) ) 16 ) Action Filed July 29 2009 17 PROPOUNDING PARTY : Plaintiffs RHODA EVANS and BOBBY EVANS 18 RESPONDING PARTY : Defendant KUBOTA CORPORATION 19 SET NO 20 : ONE 1 21 Defendant KUBOTA CORPORATION KUBOTA or Defendant hereby provides 22 the following responses to Plaintiffs Request for Production of Documents Set No. One ) as 23 follows 24 GENERAL OBJECTIONS 25 Responding Party Defendant KUBOTA CORPORATION contends that many of these 26 requests for production arc objectionable as overly broad unduly burdensome oppressive not 27 reasonably calculated to lead to the discovery of admissible evidence vague ambiguous and 28 unintelligible as applied to KUBOTA and inconsistent with the requirements of the California DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 03/15/2010 17:18 FAX 081/137 081/137 Code of Civil Procedure Accordingly KUBOTA has responded to the discovery as understood Further in attempting to respond KUBOTA is hampered by the passage of time Thus 3 documents witnesses and evidence that may have helped KUBOTA to more completely respond 4 to this discovery and defend itself in this litigation may no longer be in existence or available 5 These responses are made solely for the purpose of litigation in Los Angeles County State of California 7 To the extent applicable and expressly incorporated below the following objections are 8 incorporated in the response to each request for production of documents 9 10 11 12 13 14 15 16 17 18 19 a KUBOTA objects generally to the requests for production to the extent they request information that is not within KUBOTA's possession custody or control However KUBOTA has conducted a good faith investigation and reasonable search for information with which to respond to these categories and requests b KUBOTA objects on the grounds that cach of the requests is overly broad irrelevant and not reasonably calculated to the discovery of admissible evidence to the extent that each demand requests documents after December 31 1975 and information related to products other than asbestos pressure pipe These responses are made on behalf of KUBOTA only with regard to business records of KUBOTA relating to asbestos pressure pipe created before December 31 1975 20 c KUBOTA objects generally to these requests for production of documents to the 21 extent they ask for information directed towards products topics and issues beyond the 22 KUBOTA products about which plaintiffs make allegations on the grounds that such requests 23 are overly broad unduly burdensome and request information that is not relevant to the subject 24 matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence 25 26 d KUBOTA objects generally to all requests for production of documents to the 27 28 2 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 17:18 17:18 FAX Fe 082/137 extent they call for privileged information or documents including without limitation documents protected by the attorney privilege or the attorney product doctrine All references to privileged information in these responses will include without limitation the 4 attorney privilege the product doctrine all of the privileges set forth in California Evidence Code 900-1060 California Evidence Code 1152 1152.5 1154 California Code 6 of Civil Procedure 2018 and all applicable common law 7 In responding to this discovery KUBOTA has furnished information that is now 8 available which may include hearsay and other forms of information that are neither reliable nor 9 admissible as evidence In conducting its business KUBOTA has created documents that may 10 have been kept in numerous different locations and may have been moved from site to site 1 As required by law these responses reflect all responsive information identified by KUBOTA pursuant to a diligent search and reasonable inquiry To the extent that any discovery requires 13 more KUBOTA objects because the discovery requests KUBOTA to conduct a search beyond 14 the scope of permissible discovery contemplated by law and compliance with such requests 15 would impose an undue burden on KUBOTA 16 KUBOTA interprets these requests for production of documents as requesting 17 information that is not protected by the attorney privilege and the attorney product 18 doctrine KUBOTA provides the information in these responses solely for the purpose of the 19 present litigation KUBOTA expressly reserves all objections to the attempted use of this 20 information beyond the present forum complex asbestos litigation in Los Angeles County 21 KUBOTA's investigation and discovery are ongoing KUBOTA reserves the right to 22 object to future discovery on the same or related matters and does not waive any objection by 23 providing the information reflected in these responses KUBOTA further reserves the right to 24 object to the admissibility of any of these responses in whole or in part at trial in any action on 25 any grounds including but not limited to materiality relevance and privilege 26 27 All general objections are incorporated by this reference since each and every specific 28 response below is as though fully set forth herein 3 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PI INTIEES INTIEES REQUESTS REQUESTS F^ RPRODUCTION PRODUCTION DE 03/15/2010 03/15/2010 17:18 FAX 083/137 083/137 Subject to the foregoing General Objections that are included without being individually repeated in each of the following responses KUBOTA responds as follows RESPONSE TO REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO 1 DOCUMENT RELATING to the announcement by YOU on approximately June 29 2005 regarding the occurrence of many occupational victims of asbestos as well as the victims of asbestos dust from cnvironmental exposure around the Kanzaki plan RESPONSE TO REQUEST FOR PRODUCTION NO 1 10 11 KUBOTA objects to this request as it invades the right to privacy of third parties and 12 their families is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA 14 business documents created after December 31 1975 and as to information related to other 15 containing products besides asbestos pressure pipe The requested documents 16 are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be 18 ordered to produce such documentation said order will force KUBOTA to breach its confidential 19 contract with third parties This demand also requests documents that may be protected by the 20 attorney and attorney work product privileges Without waiving these objections 21 KUBOTA responds as follows 22 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 23 possession custody or control of the requested documents that were created prior to December 24 31 1975 and are related to asbestos pressure pipe nor are they known to exist 25 REQUEST FOR PRODUCTION NO 2 26 DOCUMENT CONCERNING YOUR Retired Employees Association Directory 27 28 4 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 03/15/2010 17:18 FAX 084/137 084/137 RESPONSE TO REQUEST FOR PRODUCTION NO 2 KUBOTA objects to this request as it invades the right to privacy of third parties and 3 their families is overly broad in scope unduly burdensome oppressive harassing irrelevant and 4 not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The request is also vague ambiguous unintelligible and undefining as to the phrase Retired Employees Association Directory REQUEST FOR PRODUCTION NO 3 DOCUMENT CONCERNING the Retired Employees Association Directory for the asbestos cement pipe division of Kubota RESPONSE TO REQUEST FOR PRODUCTION NO 3 KUBOTA objects that the request is vague ambiguous unintelligible and undefining as to the phrase Retired Employees Association Directory KUBOTA also objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action who are protected by the California Constitution Japanese law and common law The request is also overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence REQUEST FOR PRODUCTION NO 4 22 23 DOCUMENT RELATING to any and all asbestos deaths of former Kubota 24 employees 25 RESPONSE TO REQUEST FOR PRODUCTION NO 4 26 KUBOTA objects to this request as it invades the right to privacy of third parties and 27 their families who are not parties to the action who are protected by the California Constitution 28 Japanese law and common law The request is overly broad in scope unduly burdensorne DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 17:18 17:18 FAX Ww) 085/137 085/137 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of Ps admissible evidence as to any KUBOTA business documents created after December 31 1975 3 and as to information related to other containing products besides asbestos 4 4 pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order 8 will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows 10 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 11 possession custody or control of the requested documents that were created prior to December 12 31 1975 and are related to asbestos pressure pipe nor are they known to exist 13 REQUEST FOR PRODUCTION NO 5 14 DOCUMENT IDENTIFYING all current and former Kubota employees who worked 15 at the Kanzaki Plant located in Amagasaki City Japan who YOU have knowledge have 16 developed mesothelioma including but not limited to all those former employees YOU have 17 compensated for mesothelioma 18 19 RESPONSE TO REQUEST FOR PRODUCTION NO 5 20 KUBOTA objects to this request as it invades the right to privacy of third parties and 21 their families who are not parties to the action and who are protected by the California 22 Constitution Japanese law and common law The request is overly broad in scope unduly 23 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 24 discovery of admissible evidence as to any KUBOTA business documents created after 25 December 31 1975 and as to information related to other containing products besides 26 asbestos pressure pipe The requested documents are also protected by a confidentiality 27 provision Compromise agreements and statements of sympathy are also protected by Evidence 28 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 03/15/2010 17:18 FAX Wg 086/137 086/137 order will force KUBOTA to breach its confidential contract with third parties This demand also 2 requests documents that may be protected by the attorney and attorney work product 3 privileges Without waiving these objections KUBOTA responds as follows 4 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 6 All DOCUMENTS CONCERNING asbestos currently in the possession or control of 9 YOUR current or former employee Mr. Itoh or Ito collected during his tenure with YOUR 10 Department of Corporate Social Responsibility 11 RESPONSE TO REQUEST FOR PRODUCTION NO 6 12 13 KUBOTA objects to this request as being vague ambiguous unintelligible and 14 undefining as to the terms Mr. Itoh and Department of Corporate Social Responsibility and 15 requests documentation protected by the attorney and product privileges The 16 request also seeks proprietary information as to KUBOTA and its support groups is invasive of 17 individual privacy rights is overly broad in scope and time unduly burdensome oppressive and 18 harassing irrelevant and not reasonably calculated to lead to the discovery of admissible 19 20 evidence as to any KUBOTA business documents created after December 31 1975 and as to 21 information related to other containing products besides asbestos pressure pipe 22 Without waiving these objections KUBOTA has conducted a diligent and reasonable 23 search and is not in possession custody or control of the requested documents created prior to 2.4 December 31 1975 and related to asbestos cement pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 7 26 DOCUMENT IDENTIFYING the surviving families of deceased workers at the 27 28 Kanzaki Plant located in Amagasaki City Japan who YOU have knowledge have developed 7 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 17:19 17:19 FAX Ww) 087/137 087/137 mesothelioma including but not limited to all those former employees YOU have compensated 2 for mesothelioma 3 RESPONSE TO REQUEST FOR PRODUCTION NO 7 4 ee KUBOTA objects to this request as it invades the right to privacy of third parties and 5 their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 5 11 12 13 14 15 16 17 18 19 20 discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third partics This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 8 21 DOCUMENT IDENTIFYING all persons who YOU have compensated for 22 developing mesothelioma who lived in Amagasaki City Japan during the years for Kanzaki 23 Plant produced containing products 2.4 RESPONSE TO REQUEST FOR PRODUCTION NO 8 KUBOTA objects to this request as it invades the right to privacy of third partics and 26 their families who are not parties to the action and who are protected by the California 27 Constitution Japanese law and common law The request is overly broad in scope unduly 28 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the DEFENDANT KUBOTA CORPORATION'S CORPORATION'S RESPONSES TO PL INTIBES REQUESTS FOR PRODUCTION arr, 03/15/2010 17:19 17:19 FAX Ww) 088/137 088/137 discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides 3 asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence 5 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 6 order will force KUBOTA to breach its confidential contract with third parties This demand also 7 requests documents that may be protected by the attorney and attorney work product 8 privileges Without waiving these objections KUBOTA responds as follows 9 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December 11 31 1975 and are related to asbestos pressure pipe nor are they known to exist 12 REQUEST FOR PRODUCTION NO 9 13 DOCUMENT IDENTIFYING all persons who YOU have been requested to 14 compensate for developing mesothelioma who lived in Amagasaki City Japan during the year 15 the Kanzaki Plan produced containing products 16 RESPONSE TO REQUEST FOR PRODUCTION NO 9 17 18 KUBOTA objects to this request as it invades the right to privacy of third parties and 19 their families who are not parties to the action and who are protected by the California 20 Constitution Japanese law and common law The request is overly broad in scope unduly 21 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 22 discovery of admissible evidence as to any KUBOTA business documents created after 23 December 31 1975 and as to information related to other containing products besides 24 asbestos pressure pipe The requested documents are also protected by a confidentiality 25 provision Compromise agreements and statements of sympathy are also protected by Evidence 26 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also 28 9 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION PRODUCTION OF SEKITA 03/15/2010 17:19 17:19 FAX Ww) 089/137 089/137 requests documents that may be protected by the attorney and attorney work product 2 privileges Without waiving these objections KUBOTA responds as follows 3 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 4 possession custody or control of the requested documents that were created prior to December 5 31 1975 and are related to asbestos pressure pipe nor are they known to exist 6 REQUEST FOR PRODUCTION NO 10 DOCUMENT RELATING to all former employee deaths since 1978 including 8 approximately 75 workers from YOUR Kanzaki Japan factory and approximately 4 9 subcontractors who had been employed at the same facility to RESPONSE TO REQUEST FOR PRODUCTION NO 10 11 12 KUBOTA objects to this request as it invades the right to privacy of third parties and 13 their families who are not parties to the action and who are protected by the California 14 Constitution Japanese law and common law The request is overly broad in scope unduly 15 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 16 discovery of admissible evidence as to any KUBOTA business documents created after 17 December 31 1975 and as to information related to other containing products besides 18 asbestos pressure pipe The requested documents are also protected by a confidentiality 19 provision Compromise agreements and statements of sympathy are also protected by Evidence 20 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 21 order will force KUBOTA to breach its confidential contract with third parties This demand also 22 requests documents that may be protected by the attorney and attorney work product 23 privileges Without waiving these objections KUBOTA responds as follows 24 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 25 possession custody or control of the requested documents that were created prior to December 26 31 1975 and are related to asbestos pressure pipe nor are they known to exist 27 REQUEST FOR PRODUCTION NO 11 28 DOCUMENT RELATING to the health of approximately 552 other workers from DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS PLAINTIFFS PROUESTS PROUESTS FOR BRODUCTIONAL 03/15/2010 03/15/2010 17:19 17:19 FAX 090/1090/137 3090/7137 YOUR Kanzaki Japan factory who were directly involved in the manufacture of asbestos pipes 2 for a minimum of one year at any time from 1962 through 1975 3 RESPONSE TO REQUEST FOR PRODUCTION NO 11 4 KUBOTA objects to this request as it invades the right to privacy of third parties and 5 their families who are not parties to the action and who are protected by the California 6 7 Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 8 discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 12 All DOCUMENTS from 1962 through 1975 reflecting the approximate 240,000 tons of asbestos used at the Kanzaki plant in the production of asbestos water pipes and building materials the majority of fiber consumed was crocidolite RESPONSE TO REQUEST FOR PRODUCTION NO 12 KUBOTA objects on the grounds that the request is unintelligible vague and ambiguous as to the terms asbestos water pipes and majority of fiber consumed overly broad in scope and time unduly burdensome oppressive and harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to information related to other asbestos- DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 03/15/2010 17:19 17:19 FAX 091/137 091/137 1 containing products besides asbestos pressure pipe This demand also requests 2 documents that may be protected by the attorney and attomey work product privileges 3 Without waiving these objections KUBOTA responds as follows 4 Defendant has conducted a diligent search and reasonable inquiry and is not in 5 possession custody or control of any responsive privileged documents that were created 6 prior to December 31 1975 and are related to asbestos cement pressure pipe 7 REQUEST FOR PRODUCTION NO 13 8 All DOCUMENT RELATING to THEY TYPE OR FIBER USED AT THE Kanzaki 9 plant in the production of asbestos water piped at any time from 1962 through 1975 1 11 12 13 1313 14 1515 1616 1717 1818 19 RESPONSE TO REQUEST FOR PRODUCTION NO 13 KUBOTA objects on the grounds that the request vague and ambiguous as to the term asbestos water piped is overly broad in scope and time unduly burdensome oppressive and harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to information related to other containing products besides asbestos pressure pipc This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows Defendant has conducted a diligent search and reasonable inquiry and is not in 20 212223 possession custody or control of any responsive privileged documents that were created prior to December 31 1975 and are related to asbestos cement pressure pipe REQUEST FOR PRODUCTION NO 14 All DOCUMENTS and INFORMATION uncovered during KUBOTA's investigation of 24 a mesothelioma epidemic in the neighborhood around its own former ASBESTOS- 25 CONTAINING pipe manufacturing plant 26 27 28 12 DEFENDANT KUBOTA CORPORATION'SCORPORATION'S RESPONSES TO PLAINTIFFS PLAINTIFFS GOTTESTS FOR PRODUCTION PRODUCTION OF DOCUMENTS DOCUMENTS SET 03/15/2010 17:19 17:19 FAX Ww) 092/092/13710392/7137 1 RESPONSE TO REQUEST FOR PRODUCTION NO 14 KUBOTA objects to this request as it is vague and ambiguous as to the terms a 3 mesothelioma epidemic and neighborhood around its own former ASBESTOS- 4 4 CONTAINING pipe manufacturing plant The request invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the 6 California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the i discovery of admissible evidence as to any KUBOTA business documents created after 9 December 31 1975 and as to information related to other containing products besides 10 asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges REQUEST FOR PRODUCTION NO 15 All DOCUMENTS internal corporate DOCUMENTS and interviews conducted created or discovered as a result of Kubota Shock RESPONSE TO REQUEST FOR PRODUCTION NO 15 KUBOTA objects that this request is vague and ambiguous as to the term Kubota Shock The request also invades the right to privacy of third parties and their families who are 23 not parties to the action and who are protected by the California Constitution Japanese law 24 and common law The request is overly broad in scope unduly burdensome oppressive 25 harassing irrelevant and not reasonably calculated to lead to the discovery of admissible 26 evidence as to any KUBOTA business documents created after December 31 1975 and as to 27 information related to other containing products besides asbestos pressure pipe 28 13 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 17:19 17:19 FAX Ww) 093/10393/7137 The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 4 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests 5 4 documents that may be protected by the attorney and attorney work product privileges REQUEST FOR PRODUCTION NO 16 All DOCUMENTS you produced to any third party after the June 29 2005 announcement concerning your use of asbestos at the Kansaki Asbestos Cement Pipe plant from 1962 through 1975 11 RESPONSE TO REQUEST FOR PRODUCTION NO 16 12 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 13 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 14 admissible evidence as to any KUBOTA business documents created after December 1975 15 and as to information related to other containing products besides asbestos 16 pressure pipe The requested documents are also protected by a confidentiality provision 17 Compromise agreements and statements of sympathy are also protected by Evidence Code 18 sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order 19 will force KUBOTA to breach its confidential contract with third parties This demand also 20 requests documents that may be protected by the attomey and attorney work product 21 privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in 23 24 possession custody or control of the requested documents that were created prior to December 25 31 1975 and are related to asbestos pressure pipe nor are they known to exist 26 REQUEST FOR PRODUCTION NO 17 27 All DOCUMENTS CONCERNING the 1960 Japanese Pneumoconiosis Act 28 14 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFES REQUESTS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 03/15/2010 17:20 17:20 FAX 094/137 094/137 RESPONSE TO REQUEST FOR PRODUCTION NO 17 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos 6 pressure pipe This demand also requests documents that may be protected by the attorney 8 and attomey work product privileges The requested documents are also equally available to the 9 plaintiffs Without waiving these objections KUBOTA responds as follows a 10 KUBOTA has conducted diligent search and reasonable inquiry and will produce the 11 responsive privileged documents which are in its possession custody or control which were 12 created prior to December 31 1975 13 REQUEST FOR PRODUCTION NO 18 14 15 All DOCUMENTS CONCERNING the 1975 Japanese Ordinance on Prevention of 16 Hazards Caused by Specific Chemical Substances RESPONSE TO REQUEST FOR PRODUCTION NO 18 18 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 19 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 20 admissible evidence as to any KUBOTA business documents created after December 31 31 1975 21 and as to information related to other containing products besides asbestos 22 pressure pipe This demand also requests documents that may be protected by the attorney 23 and attorney work product privileges Without waiving these objections KUBOTA responds as 24 follows 25 26 27 28 KUBOTA has conducted a diligent search and reasonable inquiry and will produce a copy of the 1975 Japanese Ordinance on Prevention of Hazards Caused by Specific Chemical Substances DEFENDANT KUBOTA CORPORATION'S RESPONSES 15 RESPONSES TO PLAINTIFFS IGAUESTS CAN DRABLATANT DRABLATANT 03/15/2010 17:20 FAX Ww) 095/10395/7137 REQUEST FOR PRODUCTION NO 19 All DOCUMENTS containing information regarding how many workers compensation 3 claims YOU have received relating to an asbestos disease RESPONSE TO REQUEST FOR PRODUCTION NO 19 5 6 KUBOTA objects to this request as it invades the right to privacy of third parties and 6 their families who are not parties to the action and who are protected by the California 8 Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has a conducted diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 20 All DOCUMENTS containing information regarding when YOU first received a workers compensation claim relating to an asbestos disease RESPONSE TO REQUEST FOR PRODUCTION NO 20 KUBOTA objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 03/15/2010 03/15/2010 17:20 17:20 FAX Wa) 096/137 096/137 discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 21 All DOCUMENTS containing information regarding any workers compensation claims relating to an asbestos disease YOU have received RESPONSE TO REQUEST FOR PRODUCTION NO 21 KUBOTA objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 21 discovery of admissible evidence as to any KUBOTA business documents created after 22 December 31 1975 and as to information related to other containing products besides 23 asbestos pressure pipe The requested documents are also protected by a confidentiality 24 provision Compromise agreements and statements of sympathy are also protected by Evidence 25 Code sections 1152 and 1160. Should KUBOTA bc ordered to produce such documentation said 26 order will force KUBOTA to breach its confidential contract with third parties This demand also 27 requests documents that may be protected by the attorney and attorney work product 28 privileges Without waiving these objections KUBOTA responds as follows 17 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS REQUESTS FOR PRODUCTION _| wee ee 03/15/2010 03/15/2010 17:20 17:20 FAX 097/137 097/137 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 2 possession custody or control of the requested documents that were created prior to December 2 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 22 All DOCUMENTS containing information regarding YOUR knowledge of HAZARDS 7 ASSOCIATED WITH ASBESTOS EXPOSURE and MATERIAL 8 9 RESPONSE TO REQUEST FOR PRODUCTION NO 22 CONTAINING KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may bc protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 23 All DOCUMENTS containing information regarding when YOU first learned about the HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE RESPONSE TO REQUEST FOR PRODUCTION NO 23 KUBOTA objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 18 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION PRODUCTION OF DOCUMENTS SET 03/15/2010 17:20 FAX Ww) 098/10398/7137 discovery of admissible evidence as to any KUBOTA business documents crcated after | December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by 4 the attomey and attorney work product privileges and are equally available to the 55 plaintiffs Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 8 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the exception of the 1960 Japanese Pneumoconiosis Act and the 1975 JapaneseJapanese Ordinance on 10 Prevention of Hazards by Specific Chemical Substances laws which are equally available to the 11 plaintiffs 12 REQUEST FOR PRODUCTION NO 24 13 All DOCUMENTS containing information regarding YOUR membership in any 14 organization that discussed the HAZARDS ASSOCIATED WITH EXPOSURE / 15 ASBESTOS 16 RESPONSE TO REQUEST FOR PRODUCTION NO 24 17 18 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 19 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 20 admissible evidence as to any KUBOTA business documents created after December 31 1975 21 and as to information related to other containing products besides asbestos 22 pressure pipe This demand also requests documents that may be protected by the attorney 23 and attorney work product privileges Without waiving these objections KUBOTA responds as follows 24 /// 25 /// 26 27 28 19 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTI~ ~ S PLAINTI~ ~ RSEQUESTS REQUESTS FOR PROBLIGATAN PROBLIGATAN BAALIMENTA BAALIMENTA 03/15/2010 17:20 FAX Ww) 099/10399/7137 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December ee 3 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 25 All DOCUMENTS containing information CONCERNING any precautions YOU took to protect YOUR employees from HAZARDS ASSOCIATED WITH EXPOSURE TO 7 ASBESTOS 8 RESPONSE TO REQUEST FOR PRODUCTION NO 25 9 10 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 11 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 12 admissible evidence as to any KUBOTA business documents created after December 31 1975 13 and as to information related to other containing products besides asbestos 14 pressure pipe This demand also requests documents that may be protected by the attorney 15 and attorney work product privileges The requested documents are equally available to the 16 plaintiffs Without waiving these objections KUBOTA responds as follows 17 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 18 produced all of its responsive documents in its possession custody or control that were created 19 prior to December 31 1975 and are related to asbestos pressure pipe The responsive 20 documents were produced at Tab 1.7 in KUBOTA's production of documents related to the 21 Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the 22 Webber v A.H. Voss litigation 23 REQUEST FOR PRODUCTION NO 26 24 All DOCUMENTS concerning the use of protective respiratory equipment by employees 25 at all of your asbestos cement pipe manufacturing facilitics from 1962 through 1975 26 RESPONSE TO REQUEST FOR PRODUCTION NO 26 27 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 28 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of DEFENDANT KUBOTA CORPORATION'S RESPONSERESPS ONSES TO RI INTIF^ SREQUESTS REQUESTS MIADUCTION 03/15/2010 17:20 FAX Ww) 100/10/13711030/1737 admissible evidence This demand also requests documents that may be protected by the 2 attorney and attorney work product privileges Without waiving these objections 3 KUBOTA responds as follows 4 KUBOTA will produce a copy of the Health & Safety Monthly Report for July and 5 November 1962. KUBOTA has conducted a diligent search and reasonable inquiry and is not in 6 possession custody or control of any additional responsive documents that were created prior to 7 December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 27 10 All DOCUMENTS containing information CONCERNING any research reviewed by 11 YOU CONCERNING what knowledge CONSUMERS of CONTAINING 12 MATERIALS YOU MANUFACTURED possessed CONCERNING the HAZARDS 13 ASSOCIATED WITH ASBESTOS EXPOSURE 14 15 RESPONSE TO REQUEST FOR PRODUCTION NO 27 16 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 17 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 18 admissible cvidence as to any KUBOTA business documents created after December 31 1975 19 and as to information related to other containing products besides asbestos 20 pressure pipe This demand also requests documents that may be protected by the attorney 21 and attorney work product privileges The requested documents are equally available to 22 plaintiffs Without waiving these objections KUBOTA responds as follows 23 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 24 produced all responsive documents in its possession custody or control that were created prior to 25 December 31 1975 and are related to asbestos pressure pipe The responsive documents 26 were produced at Tab 1.7 in KUBOTA's production of documents related to the Deposition of 27 KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. 28 Voss litigation DEFENDANT KUBOTA CORPORATION'S CORPORATION'S RESPONSES TO 21 INTERAL GUIDE TRANS SL 03/15/2010 03/15/2010 17:20 17:20 FAX 101/131071/137 REQUEST FOR PRODUCTION NO 28 YOU All DOCUMENTS containing information CONERNING any research reviewed by CONCERNING what knowledge VOSS possessed CONCERNING the HAZARDS ASSOOCIATED WITH ASBESTOS EXPOSURE MATERIALS YOU MANUFACTURED at any time from CONTAINING RESPONSE TO REQUEST FOR PRODUCTION NO 28 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges The requested documents are equally available to plaintiffs Without waiving these objections KUBOTA responds as follows KUBOTA has a conducted diligent diligent search and reasonable inquiry and has previously produced all responsive documents that are in its possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced at Tabs 1.10 1.10 E and 4.21 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber A.H. Voss litigation including a Kubota brochure a photo of a cutting tool and the deposition of a former VOSS employee Randall Waters dated August 6 2007. One of the photos in the Kubota brochure depicts a VOSS employee protected by goggles gloves and a face mask while working at a cutting tool VOSS required its employees to wear protective equipment while using a 2ti cutting tool The cutting tool used water at the point of operation 27 REQUEST FOR PRODUCTION NO 29 28 All DOCUMENTS CONCERNING PLYAIONTUIRFFS DEFENDANT KUBOTA CORPORATION'S RESPONSES TO contention if YOU so contend that Bobby REQUESTS REQUESTS FOR KRADUCHIAN | 03/15/2010 03/15/2010 17:21 FAX a) 102/137 Evans received WARNINGS CONCERNING HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE CONCERNING CONTAINING PRODUCTS YOU manufactured RESPONSE TO REQUEST FOR PRODUCTION NO 29 4 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 5 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 7 admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney 10 and attorney work product privileges The requested documents are equally available to 11 Plaintiffs Without waiving these objections KUBOTA responds as follows 12 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 13 produced responsive documents that are in its possession custody or control of the requested 14 documents that were created prior to December 31 1975 and are related to asbestos 15 pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 16 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 17 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including a 18 Kubota brochure a photo of a cutting tool and the deposition of a former VOSS employee 19 Randall Waters dated August 6 2007. One of the photos in the Kubota brochure depicts a 20 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool 21 VOSS required its employees to wear protective equipment while using a cutting tool The 22 cutting tool used water at the point of operation Plaintiffs are also in possession of the 23 Deposition Transcripts of Bobby Jean Evans Volumes 1 and 2 and the Deposition Transcripts 24 of Albert Groth Volumes 1 and 2 In addition KUBOTA will produce a copy of Certainteed's 25 GO Responses to Standard Interrogatories dated 2006 and color copies of photographs depicting Manville's warnings related to asbestos 26 REQUEST FOR PRODUCTION NO 30 27 All DOCUMENTS CONCERNING 28 any IDENTIFICATION MARKINGS on . 23 CORPORATION'S RESPONSES DEFENDANT KUBOTA ANITI TO PLAINTIFFS REQUESTS FOR PRODUCTION OR DOCUMENTS DOCUMENTS 03/15/2010 03/15/2010 17:21 FAX iW) 103/137 103/137 CONTAINING MATERIALS that you SUPPLIED to VOSS at any time RESPONSE TO REQUEST FOR PRODUCTION NO 30 4 8 10 11 12 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing admissible evidence as irrelevant and not reasonably calculated to lead to the discovery of to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand requests documents which are equally available to plaintiffs This demand also requests documents that be may protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of responsive documents that 13 were created prior to December 31 1975 and are related to asbestos pressure pipe other than photographs previously 15 produced by Stephanic Voss in the Webber v A.H. Voss litigation which depict KUBOTA pipe 16 with a logo These documents are believed to be in the in the possession of A. H. Voss as well as 17 in the possession of Plaintiffs counsel 18 REQUEST FOR PRODUCTION NO 31 19 20 All DOCUMENTS containing information concerning any WARNINGS about the 21 HAZARDS RELATED TO ASBESTOS EXPOSURE YOU provided with the ASBESTOS 22 CONTAINING MATERIAL YOU SOLD at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 31 24 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 25 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of besides 26 admissible evidence as to information related to other asbestoscontaining products 27 asbestos pressure pipe This demand also requests documents that may be protected by 28 24 CORPORATION'S DEFENDANT KUBOTA RESPONSES TO PLAINTIFFS REQUESTS HOR DRABLISH DRABLISH 03/15/2010 17:21 FAX 104/137 104/137 the attorney and attorney work product privileges KUBOTA responds as follows Without waiving these objections KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents that were created prior to December 31 1975 and are related to its asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 32 All DOCUMENTS concerning any asbestos WARNINGS that YOU placed on any packaging or product itself associated with CONTAINING MATERIAL at any time RESPONSE TO REQUEST FOR PRODUCTION NO 32 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of evidence admissible as to any KUBOTA business documents created after December 31 1975 information and as to related to other asbestoscontaining products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents that were created prior to December 31 1975 and are related to its asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 33 sales All DOCUMENTS concerning any WARNINGS that YOU provided with YOUR of CONTAINING MATERIAL at any time from 1962 through 1975 /// 25 DEFENDANT KUBOTA CORPORATION'S DESPONSES 03/15/2010 03/15/2010 17:21 FAX 105/137 105/137 RESPONSE TO REQUEST FOR PRODUCTION NO 33 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to information related to other containing products besides 5 asbestos pressure pipe This demand also requests documents that may be protected by 5 the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows 8 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 9 produced all responsive documents that are in its possession custody or control of the requested 10 documents that were created prior to December 31 , 1975 and are related to asbestos pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including 14 a Kubota brochure a photo of a cutting tool and the deposition of a former VOSS 15 employee Randall Waters dated August 6 2007. One of the photos in the Kubota 16 17 brochure depicts a VOSS employee protected by goggles gloves and a face mask while working 18 at a cutting tool VOSS required its employees to wear protective equipment while using a 19 cutting tool The cutting tool used water at the point of operation 20 REQUEST FOR PRODUCTION NO 34 21 All DOCUMENTS related to any WARNINGS provided that YOU provided with YOUR 22 sales of CONTAINING MATERIAL to VOSS at any time from 1962 through 23 1975 24 RESPONSE TO REQUEST FOR PRODUCTION NO 34 25 20 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 27 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to information related to other containing products besides 28 26 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS PLAINTIFFS REQUESTS FOR == 03/15/2010 17:21 FAX Ww) 106/137 106/137 asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections 3 KUBOTA responds as follows 4 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 5 produced all responsive documents that are in its possession custody or control of the requested 6 documents that were created prior to December 31 , 1975 and are related to asbestos pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 8 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 9 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation litigation including 10 a Kubota brochurc a photo of a cutting tool and the deposition of a former VOSS 11 employee Randall Waters dated August 6 2007. One of the photos in the Kubota 12 brochure depicts a VOSS employee protected by goggles gloves and a face mask while working 13 at a cutting tool VOSS required its employees to wear protective equipment while using a 15 cutting tool The cutting tool used water at the point of operation 16 REQUEST FOR PRODUCTION NO.35 All DOCUMENTS related to any WARNINGS that YOU provided with YOUR sales of 18 CONTAINING MATERIAL provided to the Los Angeles Department of Water 19 and Power at any time from 1962 to 1975 20 RESPONSE TO REQUEST FOR PRODUCTION NO 35 21 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 22 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 23 admissible evidence as to information related to other containing products besides 24 asbestos pressure pipe This request assumes facts that are not in evidence that 25 KUBOTA sold or supplied any asbestos cement pipe to Los Angeles Department of Water & 26 Power at any time from 1962 to 1975. This demand also requests documents that may be 27 28 27 DEFENDANT KUBOTA CORPORATION'SCORP ATION'S RESPONSES TO PLAINTIFFS REQUESTS PRADUATION PRADUATION ES oo 03/15/2010 17:21 FAX Ww) 107/137 107/137 protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows 2 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 4 possession custody or control of any requested documents that were created prior to December 5 31 1975 and are related to asbestos pressure pipe nor are they known to exist 6 REQUEST FOR PRODUCTION NO 36 7 All DOCUMENTS containing information CONCERNING any research performed by YOU of the CONSUMERS response to any WARNINGS that may have CONCERNED 10 CONTAINING PRODUCTS YOU manufactured at any time from 1962 through 11 1975 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESPONSE TO REQUEST FOR PRODUCTION NO 36 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and has previously produced any responsive documents in its possession custody or control that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of cutting tool One of the photos in the Kubota brochure depicts a VOSS employee protected by goggles gloves and a face mask while working at a cutting tool VOSS required its 28 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFES PLAINTIFES REQUESTS REQUESTS FOR PRODUCTION OF DOCUMENTS DOCUMENTS SET 03/15/2010 03/15/2010 17:21 FAX i) 108/137 employees to wear protective equipment while using a cutting tool The cutting tool used water at the point of operation REQUEST FOR PRODUCTION NO 37 All DOCUMENTS reviewed by YOU CONCERNING CONSUMERS responses to any WARNINGS that may have CONCERNED CONTAINING PRODUCTS YOU manufactured at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 37 KUBOTA objects to this request as it is overly broad in scope unduly burdensomc 10 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 11 admissible evidence as to any KUBOTA business documents created after December 31 1975 12 and as to information related to other containing products besides asbestos 13 pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 17 produced any responsive documents in its possession custody or control that were created prior 18 to December 31 1975 and are related to asbestos pressure pipe The responsive 19 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 20 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 21 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a 22 cutting tool One of the photos in the Kubota brochure depicts a VOSS employee protected 2.3 by goggles gloves and a face mask while working at a cutting tool VOSS required its 24 employees to wear protective equipment while using a cutting tool The cutting tool used water 25 at the point of operation 26 REQUEST FOR PRODUCTION NO 38 27 All DOCUMENTS containing information CONCERNING any research performed by 28 YOU of VOSS's actions in response to any WARNINGS that may have CORPORATION'S DEFENDANT KUBOTA RESPONSES TO PLAINTIFES PLAINTIFES PROLIESTS FOR PRODUCTIA PRODUCTIA SS CONCERNED ooo 03/15/2010 17:22 FAX Ww) 109/137 109/137 CONTAINING PRODUCTS YOU manufactured at any time from 1962 through 2 1975 ee 33 RESPONSE TO REQUEST FOR PRODUCTION NO 38 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 , and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product 10 privileges Without waiving these objections KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 12 produced any responsive documents in its possession custody or control that were created prior 13 to December 31 1975 and are related to asbestos pressure pipe The responsive 14 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 15 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 16 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a 17 cutting tool One of the photos in the Kubota brochure depicts a VOSS employce protected by goggles gloves and a face mask while working at a cutting tool VOSS required its employees to wear protective equipment while using a cutting tool The cutting tool used water at the point of operation REQUEST FOR PRODUCTION NO 39 All DOCUMENTS containing information CONCERNING VOSS's actions in response to any WARNINGS that may have CONCERNED CONTAINING PRODUCTS YOU manufactured that YOU are aware of at any time from 1962 through 1975 III 30 DEFENDANT DEFENDANT KUB^ TA KUB^ TA CORPORATION'S CORPORATION'S RESPONSES TO INITICRAINITL ICRAL DEAL TITULAT TITULAT BB BT18 ee eee 03/15/2010 03/15/2010 17:22 FAX i) 110/187 RESPONSE TO REQUEST FOR PRODUCTION NO 39 2 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 3 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product 5 privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and has previously produced any responsive documents in its possession custody or control that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive 12 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 151 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 14 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a cutting tool One of the photos in the Kubota brochure depicts a VOSS cmployee protected 16 by goggles gloves and a face mask while working at a cutting tool VOSS required its 17 employees to wear protective equipment while using a cutting tool The cutting tool used water 18 at the point of operation REQUEST FOR PRODUCTION NO 40 20 All DOCUMENTS CONCERNING YOUR statement made in response to Plaintiff's form interrogatories that Manville asbestos fibcr bags sold in Japan did not have WARNINGS until 1977 RESPONSE TO REQUEST FOR PRODUCTION NO 40 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 containing and as to information related to other DEFENDANT KUBOTA KUBOTA CORPORATION'S CORPORATION'S CORPORATION'S CORPORATION'S DECDOCTO me products besides asbestos 03/15/2010 03/15/2010 17:22 FAX 111/137 pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attomey and attorney work product 3 privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and has previously 5 produced any responsive documents which are in its possession custody or control that were 6 created prior to December 31 1975 and are related to asbestos pressure pipe The 7 responsive documents were produced as Tabs 4.21 and 4.21 in KUBOTA's production of 8 9 documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on 10 December 12 2007 in the Webber v A.H. Voss litigation 11 REQUEST FOR PRODUCTION NO 41 12 All DOCUMENTS containing information CONCERNING any product safety testing 13 performed by YOU at any time CONCERNING the ASBESTOS CONTAINING MATERIALS 14 YOU SUPPLIED to VOSS 15 RESPONSE TO REQUEST FOR PRODUCTION NO 41 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and has previously produces any responsive documents in its possession custody or control that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced as Tab 1.7 and Tab 2.1 in KUBOTA's production of documents Deposition related to the of KUBOTA's Person Most Knowledgeable December 12 DEFENDANT KUBOTA CORPORATION'S RESPONSES RESPONSES TO PLAINTIFES PLAINTIFES BROUGET BROUGET taken on 03/15/2010 17:22 FAX Ww) 112/187 112/187 2007 in the Webber v A.H. Voss litigation 3 REQUEST FOR PRODUCTION NO 42 All DOCUMENTS containing information CONCERNING any product safety testing 4 5 performed by an entity or person other than YOU reviewed by YOU CONCERNING the 4 CONTAINING MATERIALS YOU SUPPLIED to VOSS at any time RESPONSE TO REQUEST FOR PRODUCTION NO 42 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 10 admissible evidence as to any KUBOTA business documents created after December 31 1975 11 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also 13 14 requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 17 produces any responsive documents in its possession custody or control that were created prior 18 to December 31 1975 and are related to asbestos pressure pipe The responsive 19 documents were produced as Tab 1.7 and Tab 2.1 in KUBOTA's production of documents 20 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 21 22 2007 in the Webber v A.H. Voss litigation 23 REQUEST FOR PRODUCTION NO 43 24 All DOCUMENTS in your possession containing information CONCERNING any testing CONCERNING asbestos fiber release from ASBESTOS CEMENT PIPE 26 /// 27 28 33 03/15/2010 03/15/2010 17:22 FAX 113/137 113/137 RESPONSE TO REQUEST FOR PRODUCTION NO 43 2 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 4 admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney 6 KUBOTA and attorney work product privileges Without waiving these objections responds as oF follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December LI 31 1975 and are related to asbestos pressure pipe nor are they known to exist 12 REQUEST FOR PRODUCTION NO 44 13 14 All DOCUMENTS containing information CONCERNING any research performed by 15 YOU of how CONTAINING PRODUCTS you manufactured where being used by 16 CONSUMERS at any time from 1962 through 1975 17 RESPONSE TO REQUEST FOR PRODUCTION NO 44 18 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 19 20 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 21 admissible evidence as to any KUBOTA business documents created after December 31 1975 22 and as to information rclated to other containing products besides asbestos 23 pressure pipe The requested documents are equally available to Plaintiffs This demand also 24 requests documents that may be protected by the attorney and attorney work product 25 privileges Without waiving these objections KUBOTA responds as follows 26 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 27 28 produced any responsive documents in its possession custody or control of the requested 34 03/15/2010 03/15/2010 17:22 FAX 114/114/137 3114/7137 documents that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced as Tab 1.7 and Tab 1.10 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Mos 4 Knowledgeable taken on December 12 2007 in the Webber A.H. Voss litigation REQUEST FOR PRODUCTION NO 45 6 All DOCUMENTS you reviewed containing information CONCERNING how CONTAINING PRODUCTS you manufactured where being used by CONSUMERS at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 45 11 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 12 13 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 14 admissible evidence as to any KUBOTA business documents created after December 31 1975 15 and as to information related to other containing products besides asbestos 16 pressure pipe The requested documents are equally available to Plaintiffs This demand also 17 requests documents that may be protected by the attorney and attorney work product 18 privileges Without waiving these objections KUBOTA responds as follows 19 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 20 21 produced any responsive documents in its possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced as Tab 1.7 and Tab 1.10 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation REQUEST FOR PRODUCTION NO 46 All DOCUMENTS containing information CONCERNING 35 DEFENDANT KUBOTA CORPORATION'S CORPORATION'S RESPONSES TO PLAINTIFERI PLAINTIFERI DEALMA~ the asbestos fiber release that | 03/15/2010 17:22 FAX Ww) 115/137 115/137 occurred when CONTAINING MATERIALS YOU manufactured and supplied to VOSS were cut with a power saw at any time from 1962 through 1975 3 RESPONSE TO REQUEST FOR PRODUCTION NO 46 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 6 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product 10 privileges Without waiving these objections KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 12 produced any responsive documents in its possession custody or control of the requested 14 documents that were created prior to December 31 1975 and are related to asbestos 15 pressure pipe The responsive documents were produced as Tab 1.10 and Tab 1.10 in 16 KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 17 Knowledgcable taken on December 12 2007 in the Webber v A.H. Voss litigation 18 REQUEST FOR PRODUCTION NO 47 19 All DOCUMENTS CONCERNING the SUPPLIER of ASBESTOS to YOU used in 20 21 the MANUFACTURING of CONTAINING MATERIALS YOU SUPPLIED to 22 VOSS at any time from 1962 through 1975 23 RESPONSE TO REQUEST FOR PRODUCTION NO 47 24 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 25 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 26 admissible evidence as to any KUBOTA business documents created after December 31 1975 , 27 and as to information related to other containing products besides asbestos requests documents 28 pressure pipe This demand also B^ CENTIA B^ CENTIA KIT KUDATA CODDAN 2 wtstss eS... that may be protected by the attorney 03/15/2010 17:23 FAX Ww) 116/137 116/137 and attorney work product privileges Without waiving these objections KUBOTA responds as 2 follows 3 KUBOTA has conducted a diligent scarch and reasonable inquiry and is not in 4 possession custody or control of the requested documents that were created prior to December 5 31 1975 and are related to asbestos pressure pipe nor are they known to exist 6 REQUEST FOR PRODUCTION NO 48 7 All DOCUMENTS IDENTIFYING WORKSITES where VOSS supplied ASBESTOS CONTAINING MATERIALS you MANUFACTURED at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 48 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 49 All DOCUMENTS CONCERNING the physical appearance of KUBOTA asbestos cement pressure pipe that you SUPPLIED to VOSS at any time from 1962 through 1975 25 RESPONSE TO REQUEST FOR PRODUCTION NO 49 26 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 27 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 28 admissible evidence as to any KUBOTA business documents created after December 31 1975 DEFENDANT KIDOTA CORDONATIONDE CORDONATIONDE DEANALODA oe 03/15/2010 17:23 FAX Ww) 117/137 117/137 and as to information related to other containing products besides asbestos 2 pressure pipe This demand also requests documents that may be protected by the attorney 3 and attorney work product privileges Without waiving these objections KUBOTA responds as follows 5 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 6 possession custody or control of the requested documents that were created prior to December 7 31 1975 and are related to asbestos pressure pipe Upon information and belief 8 responsive documents are in the possession of A.H. VOSS including photographs of KUBOTA 9 asbestos cement pipe 10 11 REQUEST FOR PRODUCTION NO 50 12 All DOCUMENTS CONCERNING the type of asbestos fiber contained in ASBESTOS- 13 CONTAINING MATERIALS that you SUPPLIED to VOSS at any time from 1962 through 14 1975 15 RESPONSE TO REQUEST FOR PRODUCTION NO 50 16 KUBOTA objccts to this request as it is overly broad in scope unduly burdensome 17 to oppressive harassing irrelevant and not reasonably calculated to lead the discovery of 18 admissible evidence as to any KUBOTA business documents created after December 31 1975 19 and as to information related to other containing products besides asbestos 20 pressure pipe The requested document is equally available to Plaintiffs This demand also 21 requests documents that may be protected by the attorney and attorney work product 22 privileges Without waiving these objections KUBOTA responds as follows 23 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 24 possession custody or control of the requested documents that were created prior to December 26 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the 27 exception of KUBOTA's Responses to GO Standard Interrogatories dated November 20 2007 previously Algin production documents 28 which were produced as Tab 1.10 KUBOTA's DEFENDANT KUBOTA CORPORATION'S CORPORATION'S RESPONSERESPS ONSES T^ BL emg mss pele ee oe of ' related 03/15/2010 17:23 FAX Ww) 118/187 118/187 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation REQUEST FOR PRODUCTION NO 51 All DOCUMENTS concerning the chemical composition of ASBESTOS- CONTAINING MATERIALS that you SUPPLIED to VOSS at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 51 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 10 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 11 admissible evidence as to any KUBOTA business documents created after December 31 1975 12 and as to information related to other containing products besides asbestos 13 pressure pipe The requested documents are equally available to Plaintiffs This demand also 14 requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 17 possession custody or control of the requested documents that were created prior to December 18 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the 19 exception of KUBOTA's Responses to GO Standard Interrogatories dated November 20 2007 20 21 which were previously produced as Tab 1.10 in KUBOTA's production of documents related 22 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in 23 the Webber v A.H. Voss litigation 24 REQUEST FOR PRODUCTION NO 52 26 27 28 All DOCUMENTS CONCERNING the percentage of asbestos contained in CONTAINING MATERIALS that you SUPPLIED to VOSS at any time from 1962 through 1975 39 DEFENDANT KUBOTA CORR^ RATION'SCORR^ RATIONCOR^'RATION'SS BEEDOVICES TO Thee ees eee ee 2. LL) 03/15/2010 03/15/2010 17:23 FAX i) 119/137 119/137 RESPONSE TO REQUEST FOR PRODUCTION NO 52 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 3 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 4 admissible evidence as to any KUBOTA business documents created after December 31 1975 , and as to information related to other containing products besides asbestos 6 pressure pipe This demand also requests documents that may be protected by the attomey and attorney work product privileges Without waiving these objections KUBOTA responds as 8 follows 9 KUBOTA has conducted a diligent search and rcasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December 11 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the 12 exception of KUBOTA's Responses to GO Standard Interrogatories dated November 20 2007 13 14 which were previously produced as Tab 1.10 in KUBOTA's production of documents related 15 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in 16 the Webber v A.H. Voss litigation 17 REQUEST FOR PRODUCTION NO 53 18 All DOCUMENTS containing information regarding YOUR SALE of ASBESTOS- 19 CONTAINING MATERIAL to VOSS at any time 20 RESPONSE TO REQUEST FOR PRODUCTION NO 53 21 22 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 23 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 24 admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos 26 pressure pipe This demand also requests documents that may be protected by the attorney 27 and attorney work product privileges Without waiving these objections KUBOTA responds as 28 follows DEFENDANT DEFENDANT KUROTA CORDAD CORDAD TIONE PERDAN PERDAN PERDAN -- 40 ORIG eros) re gies eee eee ee eee ees ee ee! 03/15/2010 03/15/2010 17:23 FAX i) 120/137 KUBOTA will produce a copy of its Distributorship Agreement with Voss KUBOTA 2 has conducted a diligent search and reasonable inquiry and is not in possession custody or 4 control of additional responsive documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist 5 REQUEST FOR PRODUCTION NO 54 6 Any DOCUMENTS concerning any distribution agreements YOU entered into with 8 VOSS regarding the SALE of CONTAINING MATERIAL at any time from 1962 9 to 1975 10 RESPONSE TO REQUEST FOR PRODUCTION NO 54 11 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA will produce a copy of its Distributorship Agreement with Voss KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of additional responsive documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 55 25 All DOCUMENTS containing information CONCERNING any and all agreements you 26 had with VOSS regarding the SUPPLY of CONTAINING MATERIALS in Los 27 28 Angeles County CA any time from 1962 through 1975 41 DEFENDANT KUROTA CORPORATION'S CORPORATION'S RESPONSES RESPONSES TO INITI~ E~ I 03/15/2010 03/15/2010 17:23 FAX a 121/137 RESPONSE TO REQUEST FOR PRODUCTION NO 55 3 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery discovery of 4 admissible evidence as to any KUBOTA business documents created after December 31 1975 5 and as to information related to other containing products besides asbestos 6 pressure pipe This demand also requests documents that may be protected by the attorney 7 and attorney work product privileges Without waiving these objections KUBOTA responds as 8 follows 9 KUBOTA will produce a copy of its Distributorship Agreement with Voss KUBOTA 10 has conducted a diligent search and reasonable inquiry and is not in possession custody or 11 control of additional responsive documents that were created prior to December 31 1975 and are 12 13 related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 56 15 All DOCUMENTS containing information concerning VOSS SALE of ASBESTOS- 16 17 18 19 20 21 22 23 24 26 28 28 CONTAINING MATERIAL to Los Angeles Department of Water and Power of Los Angeles CA at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 56 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to information related to other containing products besides asbestos pressure pipe This request assumes facts not in evidence that KUBOTA or VOSS sold or supplied any containing material to Los Angeles Angeles Department of Water and Power of Los Angeles CA at any time from 1962 to 1975. This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in DEFEDN EFENDD ANT A DEFN ENDAT NT KIMOTI KIMOTIKIMOTI oma se sees ee... 42 03/15/2010 17:24 FAX Ww) 122/187 122/187 possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 57 All DOCUMENTS reflecting any correspondence between YOU and VOSS at any time from 1962 to 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 57 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 58 All DOCUMENTS CONCERNING any statements made by former Voss employee Robert Arbizo RESPONSE TO REQUEST FOR PRODUCTION NO 58 Objection This demand requests information which is protected from disclosure by the attomey product privilege REQUEST FOR PRODUCTION NO 59 All DOCUMENTS CONCERNING any testimony under oath made by former Voss employee Robert Arbizo we te oe r ee e 43 03/15/2010 03/15/2010 17:24 FAX da 123/137 123/137 RESPONSE TO REQUEST FOR PRODUCTION NO 59 2 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 3 possession custody or control of any responsive documents REQUEST FOR PRODUCTION NO 60 5 6 All DOCUMENTS CONCERNING any statements made by former Voss employee 7 Bonifacio Lesso 8 RESPONSE TO REQUEST FOR PRODUCTION NO 60 9 Objection This demand requests information which is protected from disclosure by the 10 attorney product privilege REQUEST FOR PRODUCTION NO 61 All DOCUMENTS CONCERNING any testimony under oath made by former Voss employee Bonifacio Lesso RESPONSE TO REQUEST FOR PRODUCTION NO 61 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of responsive documentation REQUEST FOR PRODUCTION NO 62 All DOCUMENTS CONCERNING any testimony under oath made by former Voss 20 employee Randall Waters 21 RESPONSE TO REQUEST FOR PRODUCTION NO 62 23 Objection The requested documents are equally available to Plaintiffs Without waiving this objection KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in or 26 possession custody control of any responsive documents with the exception of Randall 27 Waters deposition transcripts dated April 18 1997 and August 6 2007 which have been 28 44 03/15/2010 17:24 FAX Ww) 124/187 124/187 produced in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation and is already in the possession of plaintiffs counsel REQUEST FOR PRODUCTION NO 63 5 a All DOCUMENTS CONCERNING any statements made by former Voss employee 6 Randall Waters 6 RESPONSE TO REQUEST FOR PRODUCTION NO 63 Objection The requested documents are equally available to Plaintiffs 10 Without waiving this objection KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 12 possession custody or control of any responsive documents with the exception of Randall 13 14 Waters deposition transcripts dated April 18 1997 and August 6 2007 which have been 15 produced in KUBOTA's production of documents related to the Deposition of KUBOTA's 16 Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation 17 and is already in the possession of plaintiffs counsel 18 REQUEST FOR PRODUCTION NO 64 19 All DOCUMENTS CONCERNING any communication between YOU and Mr. A.H. 20 Voss concerning use of respirators by workers cutting asbestos cement pipc RESPONSE TO REQUEST FOR PRODUCTION NO 64 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents REQUEST FOR PRODUCTION NO 65 All DOCUMENTS CONCERNING any communication between YOU and Mr. A.H. Voss concerning use of eye protection by workers cutting asbestos cement pipe 45 03/15/2010 03/15/2010 17:24 FAX Wj 125/137 RESPONSE TO REQUEST FOR PRODUCTION NO 65 2 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 3 possession custody or control of any responsive documents 4 REQUEST FOR PRODUCTION NO 66 5 All DOCUMENTS CONCERNING 6 any communication between YOU and Mr. A.H. 7 Voss concerning use of gloves by workers cutting asbestos cement pipe RESPONSE TO REQUEST FOR PRODUCTION NO 66 KUBOTA has conducted a diligent scarch and reasonable inquiry and is not in 10 possession custody or control of any responsive documents 11 REQUEST FOR PRODUCTION NO 67 12 All DOCUMENTS CONCERNING the 13 testimony of A.H. Voss to the International Trade Commission | 14 RESPONSE TO REQUEST FOR PRODUCTION NO 67 16 Objection This demand requests documents which are equally available to Plaintiffs 17 Without waiving this objection KUBOTA responds as follows 18 KUBOTA has conducted a diligent search and reasonable 19 inquiry and is not in 20 possession custody or control of responsive documents with the exception of the testimony of A.H. Voss to the International Trade Commission dated 21 March 22 1972 which was previously 22 produced as Tab 4.21 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation and is already in the possession of plaintiffs counsel REQUEST FOR PRODUCTION NO 68 All DOCUMENTS containing information that supports YOUR contention if YOU so contend that Bobby Evans was not exposed to DEFENDANT KUBOTA CORPORATION'S REEDO oeES 46 asbestos from CONTAINING 03/15/2010 03/15/2010 17:24 FAX Wg) 126/137 PRODUCTS that YOU MANUFACTURED 2 RESPONSE TO REQUEST FOR PRODUCTION NO 68 3 Objection The demand requests the production of documents which are equally 4 available to Plaintiffs Without waiving this objection Defendant responds as follows 5 6 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 7 possession custody or control of any responsive documents other than the following documents 8 which are equally available to Plaintiffs 9 1 LADWP's Production of Documents dated 2/1/10 attached as Exhibit 35 to the 10 Deposition Transcript of LADWP's Person Most Knowledgeable Daniel Davis III 11 dated 2/4/10 12 2 Deposition Transcript of LADWP's Person Most Knowledgeable Daniel Davis III 13 dated 2/4/10 and 2/5/10 Volumes 1 and 2 with Exhibits 14 15 3 Deposition Transcript of LADWP's Person Most Knowledgeable Alvaro Sanchez 16 dated 2/5/10 and 2/8/10 Volume 1 and 2 with Exhibits 17 4 Deposition Transcript of LADWP's Person Most Knowledgeable Rhoda Lukjaniec 18 dated 2/8/10 with Exhibits 19 5 Deposition Transcript of Albert Groth dated January 28 and 27 2010 and Exhibits 20 and 21 22 6 Deposition Transcript of Arthur H. Voss dated 1/31/07 taken in Superior Court 23 County of San Francisco Case No. 972662 entitled Paul Roach v Abex Corporation 24 25 26 27 28 ss Terrrewry et al which was previously produced as Tab 4.21 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation and is already in the possession of plaintiffs counsel "a eee ee eee eee eee 03/15/2010 03/15/2010 17:24 FAX a 127/137 127/137 REQUEST FOR PRODUCTION NO 69 All DOCUMENTS RELATING to asbestos currently in the possession or control of 3 YOUR Department of Corporate Social Responsibility RESPONSE TO REQUEST FOR PRODUCTION NO 69 5 KUBOTA objects to this request as being vague ambiguous unintelligible and 7 undefining as to the term Department of Corporate Social Responsibility and requests documents protected by the attorney and product privileges The request also seeks proprietary information as to KUBOTA and its support groups is invasive of individual privacy rights is overly broad in scope and time unduly burdensome oppressive and harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence 12 REQUEST FOR PRODUCTION NO 70 13 14 All DOCUMENTS containing information information regarding YOUR corporate 15 history 16 RESPONSE TO REQUEST FOR PRODUCTION NO 70 17 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 18 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 19 admissible evidence as to any KUBOTA business documents created after December 31 1975 20 and as to information related to other containing products besides asbestos 21 22 pressure pipe The demand requests documents that are equally available to Plaintiffs This 23 demand also requests documents that may be protected by the attorney and attorney work 24 product privileges Without waiving these objections KUBOTA responds as follows 7 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 26 produced any responsive documents in its possession custody or control that were created prior 27 to December 31 1975 and are related to asbestos pressure pipe The responsive 28 48 03/15/2010 03/15/2010 17:24 FAX da) 128/137 documents were produced as Tab 1.1 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the 3 Webber v A.H. Voss litigation and are already in the possession of plaintiffs counsel REQUEST FOR PRODUCTION NO 71 5 All DOCUMENTS containing information regarding YOUR DOCUMENT 6 RETENTION POLICY 8 RESPONSE TO REQUEST FOR PRODUCTION NO 71 9 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 10 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 12 and as to information related to other containing products besides asbestos 13 pressure pipe This demand requests documents which arc equally available to Plaintiffs This 14 demand also requests documents that may be protected by the attorney and attorney work 15 product privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and has previously produced any responsive documents which are in its possession custody or control that were 18 created prior to December 31 1975 and are related to asbestos pressure pipe The 19 responsive documents were produced as Tab 1.8 in KUBOTA's production of documents related 20 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in 21 the Webber v A.H. Voss litigation and are already in the possession of plaintiffs counsel 22 REQUEST FOR PRODUCTION NO 72 23 All DOCUMENTS containing information regarding the IDENTITIES of any officers or 24 directors of YOUR company over the last five years 25 RESPONSE TO REQUEST FOR PRODUCTION NO 72 26 27 KUBOTA objects to this request as it invades the right to privacy of third parties and 28 their families is overly broad in scope unduly burdensome oppressive harassing irrelevant and 49 RE rere 2 ETO iver oe ee ee eee 03/15/2010 17:24 FAX Ww) 129/137 129/137 not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other 3 containing products besides asbestos pressure pipe This request also requests 4 documents that may be protected by the attorney and attorney work product privileges 6 Dated March 15 2010 7 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 8 9 C. Corless Aide C. Ontiveros 10 Attorneys for Defendant KUBOTA CORPORATION 11 12 14 15 16 17 18 20 27 27 28 50 03/15/2010 17:24 FAX 130/137 l VERIFICATION 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 I have read the foregoing DEFENDANT KUBOTA CORPORATION'S RESPONSES 4 TO REQUEST FOR PRODUCTION OF DOCUMENTS SET NO ONE ) and know its 5 contents FF 7 I am Masahiko Uchino Legal Department for KUBOTA CORPORATION a party to this action entitled Rhoda Evans v A. W. Chesterton et al LASC Case No. BC 418867 and am 8 9 authorized to make this verification for and on its behalf and I make this verification for that 10 reason I am informed and believe and on that ground allege that the matters stated in the 11 |} foregoing document are true 12 Executed on March 15 2010 at Osaka Japan 13 I declare under the penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct 15 16 17 Signature 18 19 20 21 22 23 24 25 26 27 28 51 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE 880128.1 03/15/2010 17:25 FAX Ww) 131/137 131/137 1013a CCP STATE OF CALIFORNIA COUNTY OF LOS ANGELES age I am employed in the County of Los Angeles State of California I am over the of 18 and not a party to the within action my business address is 555 South Flower Street 29th Floor Los Angeles California 90071 5 On March 15 2010 I caused the foregoing document described as DEFENDANT 6 KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUEST FOR PRODUCTION SET ONE to be served on the interested parties in this action by placing a true 7 copy thereof enclosed in seal envelopes addressed as follows 8 9 X SEE ATTACHED SERVICE LIST BY FACSIMILE I caused said document to be telephonically transmitted to each addressee's telecopier Fax number as noted on Proof of Service List AND X BY MAIL I caused such envelope fully prepaid to be placed in the United States Mail at Los Angeles California I am readily familiar with the firm's practice of collection and processing correspondence or mailing Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles California in the ordinary course of business I am aware that on motion of the party served service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit [ BY OVERNIGHT EXPRESS I caused said document to be picked up by U.S. Federal Express Services for overnight delivery to the offices of the addressees listed on the Service List = BY HAND PERSONAL SERVICE I caused said document to be personally delivered by a attorney service to the addressee as noted on the Service list I declare under penalty of perjury under the laws of the State of California that the above is true and correct Executed on March 15 2010 Los Angeles California -- -- --, --, -- Irene Guzman --, 03/15/2010 03/15/2010 17:25 17:25 FAX da) 182/137 182/137 SERVICE LIST RHODA EVANS et al v KUBOTA CORPORATION CORPORATION et al Case No BC418867 Our File No 00495.06997 Jeffrey A. Kaiser Esq T. Scott Hames Esq LEVIN SIMES KAISER & GORNICK LLP 44 Montgomery Street 36th Floor San Francisco California 94104 ORIGINAL Attorneys for Plaintiffs RHODA EVANS and BOBBY EVANS Tel 415 646-7160 - Fax 415 981-1270 K Gates LLP Four Embarcadero Center Suite 1200 San Francisco CA 94111r COPY Attorneys for Crane Co. Individually & as successor to Chapman Valve Co. Tel 415 882-8200 - Fax 415 882-8220 Corinne Orquiola Esq LEWIS BRISBOIS BISGAARD & SMITH LLP 221 North Figueroa Street Suite 1200 Los Angeles CA 90012 COPY Attorneys for Advocate Mines Limited Tel 213 250-1800 - Fax 213 580-7942 orquiola@lbbslaw.com William J. Sayers Esq Farah S. Nicol Esq Mary McKelvey Esq MCKENNA LONG & ALDRIDGE LLP 300 S. Grand Avenue Suite 1400 Los Angeles CA 90071 COPY Attorneys for Certain Corporation Tel 213 688-1000 - Fax 213 243-6330 mmckelvey@mckennalong.com Carmen A. Trutanich Esq Pamela L. McFarlane Esq Eskel Solomon Esq 111 North Hope Street Suite 340 P.O. Box 51111 Los Angeles CA 90051 COPY Attorneys for Los Angeles Department of Water and Power Tel 213 367-4640-4534 367-4640-4534 - Fax 213 367-4588 Maggie Flores - Secretary Pamela.mcfarlane@ladwp.com Eskel.solomon@ladwp.com R. Gregory Amudson Esq Seymour B. Everett Esq WOOD SMITH HENNING & BERMAN 5000 Birch Street Suite 8500 Newport Beach CA 92660 COPY Associated Counsel for City of Los Angeles Acting by and through the Department of Water and Power of the City of Los Angeles Tel 949 757-4500 - Fax gamudson@wshblaw.com severett@wshblaw.com 949 757-4550