Document DGa3B2NgOVqMj0bg2EEEEXRd

outer dim, (407) 244-1 Ififi omecT e*cwke 14071 648-4064 intSwm^ CXCi.CS v** C0 Maguire, Voorhis & Wells, P.A. <jU JQwo *WC SOUTH OPanGS pvasa 2 SOUTH OftAHGt AYfcNue ORLANDO. FLORIDA 32801 fSteeHOME i<07; 244-1100 '4Q7) 423-0796 0 0 BO-i 633 CfcLAhOO "LO^iOA 32802 e-ms n. Kolos April 3, 1997 FORWARDED BY FACSIMILE David H. Pollack, Esquire Courthouse Tower 44 West Flagler Street Suite 403 Miami, Florida 33130 Re: Anne M. Tinker, Executrix of the Estate of Timothy W. Tinker, Deceased vs. A.E. Cievite, eta/. Ontario County Index No. 83778. Dear David: This will confirm our telephone conversation of yesterday concerning the Plaintiff's pending Motion to Compel. We went through the Motion to Compel with respect to the Plaintiff's Request for Production and First and Second Sets of interrogatories and came to the following agreements. You expressed satisfaction with Mack's answers to the Second Set of Interrogatories with respect to the Motion to Compel. However you made a reservation of rights to file a Motion to Strike statements you believe are nonresponsive. You also wanted to reserve the right to consult with David Lipman about Mack's lack of knowledge as to the percentage of asbestos content in brakes, clutches and gaskets. I can tell you Mack's verified statement in this regard is not going to change. This information is simply not in Mack's possession, custody or control, and Mack's duty is only to provide such information which is. With respect to the First Set of Interrogatories, you are satisfied with Mack's answers except for Interrogatories 10 and 11. On number 10. you wanted clarification as to whether asbestos-containing brakes were still supplied in the 19791980 time frame. With respect to number 11, you asked that the answer include reference to asbestosis and lung cancer in addition to mesothelioma. I have no problem with supplementing these two Interrogatories. OR! ANDO MELBOURNE T.M.LAHA5SEE David H. Pollack, Esquire April 3, 1997 Page 2_________________ As for the Request for Production, you are satisfied with Mack's responses except for our response that we will provide exemplar copies of documentation, if any are found, that are responsive to paragraphs 7 and 11. You state that you want all documents. This may be a moot point in that no Mack documents have been located to date which are in the nature of marketing materials Mack would have distributed to dealers, sales branches or to end users such as sales brochures, promotional pamphlets, replacement or maintenance instruction documents, etc. We plan to supplement to make this point clear. Thank you for your attention to these matters. Chris N. Kolos CNK:jo cc: David Lipman, Esquire Michael A. Ponterio, Esquire Thomas M. VanStrydonck, Esquire OK.ANDO MKI.BOURNE 1 AI.I.AHASSCE MAGUIRE, VOORHIS & WELLS, P.A. TELECOPY COVER SHEET Mailing Address: Post Office Box 633 Orlando, Florida 32802 Two South Orange Plaza Orlando, Florida 32801 Telephone: (407) 244-1100 Telecopy Numbers: (407) 648-4664 TOTAL NUMBER OF PAGES SENT INCLUDING COVER SHEET: ____3 NOTICE: THE INFORMATION CONTAINED IN THIS TRANSMISSION IS ATTORNEY PRIVILEGED AND CONFIDENTIAL. IT IS INTENDED SOLELY FOR THE USE OF THE RECIPIENTS NAMED HEREIN. IF THE READER OF THIS MESSAGE IS NOT THE RECIPIENTS NAMED HEREIN, YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION, COPYING OR DISCLOSURE OF THE CONTENTS OF THIS TRANSMISSION IS PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMISSION IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE (COLLECT) AND RETURN THE ORIGINAL OR THIS TRANSMISSION TO US AT THE ABOVE ADDRESS BY U.S. MAIL WE WILL REIMBURSE YOU FOR THE POSTAGE. THANK YOU. NAME TELECOPY NO. CONFIRMATION NO. David H. Pollack, Esquire (305) 377-3174 FROM: Chris N. Kolos, Esquire DATE: April 3,1997 Comments: Transmitting correspondence dated April 3,1997. CLIENT FILE NO: 922816.001