Document DMj1Jvaw1ZLzqj6LBgrbqNrRB

Lanier Parker & Sullivan, P.C. 1331 LAMAR, SUITE 1550 FOUR HOUSTON CENTER HOUSTON, TEXAS 77010 TELEPHONE (713) 659-5200 TELECOPIER (713) 659-2204 FAX COVER SHEET PLEASE DELIVER IMMEDIATELY l Date: November 29, 2001 NUMBER OF PAGES; NUMBER OF FAXES: IF YOU ARE NOT RECEIVING A CLEAR COPY OF THIS DOCUMENT OR ARE NOT RECEIVING ALL MATERIALS TRANSMITTED, PLEASE CONTACT US AT (713) 659-5200. TO: Dr. Egilman FIRM OR COMPANY NAME: FAX NUMBER; 425-699-7033 HARD COPY OF THIS TRANSMISSION WILL _ WILL NOT X BE SENT BY REGULAR MAIL) FROM: C. Taylor Campbell/Chandra MESSAGE; Please see attached Union Carbide's Response to Plaintiffs' Second Request for Production FILE NO.: 0966 - Latham The information contained in this facsimile transmission is attorney privileged and confidential information intended only for the use of the individual or entity named herein. If you are not intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this transmission in erroT, please immediately notify us by telephone and return the original message to us via U.S. mail at the address indicated on the letterhead above. 01/10'd Dd Ndnnins aa>iadd aaiNtn 0V:iI T00-6-flON CAUSE NO. 15137*BH01 CHARLES R, LATHAM, ET AL VS. GARLOCK, INC., ET AL IN THE DISTRICT COURT BRAZORIA COUNTY, TEXAS d 23rd JUDICIAL DISTRICT UNION CARBIDE CORPORATION'S RESPONSE TO PLAINTIFFS' SECOND REQUEST FOR PRODUCTION COMES NOW DEFENDANT UNION CARBIDE CORPORATION D/B/A UNION CARBIDE CHEMICALS AND PLASTICS, INC. and files this its responses to Plaintiffs' Second Request for Production. Respectfully submitted, POWERS & FROST, L.L.P. Sharia J. Frost TBN: 07491100 2600 Two Houston Center 909 Fannin Houston, Texas 77010 Telephone: (713) 767-1555 Telecopier: (713) 767-1799 ATTORNEYS FOR DEFENDANT, UNION CARBIDE CORPORATION D/B/A UNION CARBIDE CHEMICALS AND PLASTICS, INC. COMPANY C:\Docurtients and Scttuig5lvDLE\My DocimiTMti\UNC%Answers to Second RFF.doe 0I/E0 -d Dd Ndnnins ad>iatid daiNtn 0P :il I00E-6-fiON CERTIFICATE OF SERVICE I certify that a true and correct copy of Defendant Union Carbide Corporation d/b/a Union Carbide Chemicals and Plastics, Inc.'s Responses to Plaintiffs' Second Request for Production was forwarded via facsimile and via certified mail, return receipt requested to Plaintiffs counsel on theW. / day of November, 2001, and that all other counsel of record were forwarded a copy of the cover letter only via regular mail on the 2001. dajy of November, By: C:\Documcnts and Settings\DLE\My DoeumentsUJNC--Answers to Second RFP.doc 0I/0'd Dd Ndnnins aa>iatia aaiNtn 0l7:il T00S-6S-fiON REQUEST FOR PRODUCTION NO. 1 Privilege log. RESPONSE: A copy has been provided to your office. REQUEST FOR PRODUCTION NO. 2 Union Carbide annual reports. RESPONSE: Union Carbide annual reports will be made available. REQUEST FOR PRODUCTION NO. 3 Union Carbide Board meeting minutes (not limited to Calidria years). RESPONSE: Objection, The request is irrelevant, not calculated to lead to the discovery of admissible evidence and overly broad. REQUEST FOR PRODUCTION NO. 4 All silica documents. RESPONSE: Objection, The request is unduly burdensome, vague, irrelevant and overly broad. Additionally, the request is not restricted to any relevant time period. Union Carbide also objects that this request would require the corporation to search all existing documents for any which related to silica. REQUEST FOR PRODUCTION NO. 5 OSHA complaints to/of Union Carbide. C:\Documenlis and Settings\DLE\My foinimentsVL/NC--Answers to Second RFP.doc 0T/l70-d Dd Ndnnins ad>iatid aaiNtn 0P :iT I00E-6-fiON RESPONSE: Objection. The request is overly broad and unduly burdensome. Subject to and without waiving the objection, OSHA complaints regarding asbestos that can be located in existing records retention centers will be made available. REQUEST FOR PRODUCTION NO. 6 Union Carbide Documents regarding the Kanowa Hawk's Nest disaster and transcripts of Mr. Johnson's trial testimony. RESPONSE: The Hawk's Nest facility was sold to an unrelated company inl981. At the present time these documents are neither in Uiuori^Carhidg^s custody or control nor does Union Carbide know if they exist. UnionTSirbide^iilmake availably non-privilegedTtocuments in its files relating to the Hawk's Nest facility. ^------------ REQUEST FOR PRODUCTION NO. 7 All Mellon Institute documents and research, RESPONSE: Objection. The request is irrelevant and not likely to lead to the discovery of admissible evidence. Tests regarding substances other than asbestos may contain proprietary, confidential or trade secret materials. Subject to and without waiving the objection. Union Carbide has already provided copies of the two asbestos-related Mellon Institute studies. REQUEST FOR PRODUCTION NO. 8 All Vinyl Chloride documents. ^ RESPONSE: Objection. The request is irrelevant and not likely to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 9 All medical report and chest x-rays, death certificates of Dr. Hyde or any other Union Carbide Dr. for Calidria or Union Carbide employees. C:\Docuraents and Settmgs'DLEVMy Doeuittents\UNC-Answers to Second RFP.doc 0i/0'd Dd Ntmnins aa>iatia adiNtn TP :il I00E-6-fiON RESPONSE: Objection. The request is overly broad. Additionally, due to federal law prohibitions and confidentiality and privacy concerns, Union Carbide objects to producing any medical information subject to federal law confidentiality regarding present or previous employees. REQUEST FOR PRODUCTION NO. 10 AIA counter part in Europe and documents from Union Carbide subsidiaries ad divisions. --PONSE: b^ ^ /W /<. f/V/f Objection. The request is vague. Union Carbide has no knowledge as to the identity of the "AIA counter part in Europe." REQUEST FOR PRODUCTION NO. 11 CMA labeling committee minutes. RESPONSE: CMA labeling committee minutes in Union Carbide's possession will be made available. REQUEST FOR PRODUCTION NO. 12 Business records before 1970. RESPONSE: / Objection. The request is vague as the phrase ,cbusiness records before 1970" is indecipherable. REQUEST FOR PRODUCTION NO. 13 Personnel records of: Dr. Lewinsohn, Dr. Hyde and all other Union Carbide or Calidria physicians. Personnel records of: Union Carbide and Calidria Health and Safety officers. RESPONSE: Objection. The request is irrelevant and overly broad. Additionally, due to federal law prohibitions and confidentiality and privacy concerns, Union Carbide objects to producing any personnel files subject to federal law confidentiality regarding present or previous employees. REQUEST FOR PRODUCTION NO. 14 . Deposition transcripts of document/records custodian. C:\Doeumentfi and Settings\DLE\My DocTMTMis\UNC-Answere to Second RFP.doo 01/90'd Dd Ndnnins d3>iatid aaiNtn TP :il T00S-6S-fiON RESPONSE: Objection. The request is overly broad. Subject to and without waiving the objections, transcripts that relate to asbestos cases will be made available. REQUEST FOR PRODUCTION NO. 15 Minutes of the Konicide Club meeting that any Union Carbide, employee, director or other agent attended. RESPONSE: Objection. The request is vague. Subject to and without waiving the objection, none. REQUEST FOR PRODUCTION NO. 16 All documents regarding the IHF. RESPONSE: Objection. The request is overly period. The IHF has been in existence sir REQUEST FOR PRODUCTION NO. 17 Labeling or source of documents. RESPONSE: Objection. The request is vague and overly broad. REQUEST FOR PRODUCTION NO. IS Petroleum Institute documents. RESPONSE: Objection. The request is vague. Subject to and without waiving the objection. Union Carbide will make available all non-privileged documents. REQUEST FOR PRODUCTION NO. 19 1960 Radiation Experiments with Johns-Manville at the Union Carbide Oak Ridge plant and all other communications with Johns-Manville, Raybestos Manhattan and Metropolitan Life. CADocuments and Settings\DLE\My DoaiinEcts\UNC"Aiisweir to Second RFP.doc 01/7,0'd Dd NdfilTinS ddMddd ddlNtn TP: LI I00E-6E-fiON RESPONSE: Objection. The request is overly broad, vague, unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence. REQUEST FOR PRODUCTION NO. 20 Index of fiber sales. RESPONSE: Objection. The request calls for the creation of a document not in existence. Subject to and without waiving the objection. Union Carbide will make available any already existing sales indexes with the qualification that any existing sales indexes contain numerous inaccurate entries. REQUEST FOR PRODUCTION NO. 21 Peclc study. RESPONSE: The study has already been produced. C:\Docufflent nnd Scttings\DLE\My DocnnnentrAlJNC* Answers to Second RFP.dot 0T/80'd 3d NtiniTinS ddMdUd ddlNtn T1?:iT T005-6E-nON CAUSE NO. 15137*BH01 CHARLES R. LATHAM, ET AL VS. GARLOCK, INC., ET AL IN THE DISTRICT COURT OF 5 g BRAZORIA COUNTY, TEXAS 23rd JUDICIAL DISTRICT NOTICE OF INTENTION TO TAKE ORAL/VIDEO DEPOSITION OF DR. ART LANGER Please take notice that pursuant to Tex R. Civ. P. 199, counsel for Plaintiffs in the above- styled and numbered cause of action are noticing the oral and video deposition of Kelly Moore's Expert Witness as follows: Dr. Art Danger Monday, December 3,2001 10;00 a.m, at Hotel Plaza Athenee, 37 East 64th Street, New York, NY 10021; (212) 734-9100. Said deposition will be used as testimony at the trial ofthis case. The deposition will be scheduled through a duly authorized court reporter, Worldwide Court Reporters,3000 Weslayan, Suite 344, Houston, Texas 77027, You are invited to attend and cross-examine the witness. Respectfully submitted, LANIER, PARKER & SULLIVAN, P.C. W. MARK LANIER TSB#: 11934600 PATRICK N. HAINES TSB#: 00784191 C. TAYLOR CAMPBELL TSB#: 24009936 1331 Lamar, Suite 1550 Houston, Texas 77010 (713) 659-5200 (713) 659-2204 FAX 01/60'd Dd Ndfinins ad>iatid aaiNtn ZP:Ll I00E-6-fiON 01'd "ItUOl ATTORNEYS FOR PLAINTIFFS CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to all Defendants counsel ofrecord cither by certified mail, return receipt requested and/or facsimile in accordance with the Rules of Civil Procedure on this theday of NOVEMBER, 2001. PATRICK N. HAINES 0T/0T'd Dd Nunnins ad>iadd aaiNtn ZP:Ll T00-6-fl0N