Document G68qk7npnmm8zVGDzDXbXKDzq

LAW OFFICES OGLETREE, DEAKINS, NASH, SMOAK AND STEWART A PARTNERSHIP INCLUDING PPOPESSIONAL ASSOCIATIONS AND PROFESSIONAL CORPORATIONS ONE THOUSAND EAST NORTH POST OFFICE BOX 2757 GREENVILLE, SOUTH CAROLINA Z80O2 (803) 2*2-1410 R-e-t Pici October 25,1988 Richard J. Lorenz, Esquire (Tenneco Oil) Beverly V. Gholson, Esquire (Georgia Gulf) James V. O'Gara, Esquire (Union Carbide) Marina K. Pita, Esquire (Conoco) John Endicott, Esquire (Maxus Energy) Woodrow W. Ban, Esquire (B.F. Goodrich) Robert D. Luss, Esquire (Occidental) OTHER offices: ATLANTA. GEORGIA WASHINGTON, D. C. RALEIGH, NORTH CAROLINA COLUMBIA, SOUTH CAROLINA NASHVILLE. TENNESSEE ALBANY, GEORGIA SPARTANBURG, SOUTH CAROLINA SCHENECTADY. NEW YORK Re: Cox v. Georgia Gulf, et aL C.A. Nos. 8:88-1399-3 and 8:88-1400-3 Ladies and Gentlemen: Enclosed are requests for production of dnmmpnK served upon us in the abovecaptioned matter. Bob Ariail, plaintiffs attorney, is requesting any documents, including material safety data sheets and other PVC warnings or instructions, which were sent by your companies as PVC resin suppliers to Stauffer, between the years 1974 and 1986. Although the Anderson. South Carolina fabrication plant did not begin operations until 1978, apparently the LongBeachTCaEfornia plant was operating in 1974. Also enclosed is an order granting an extension of the time for discovery necessary for the filing of a motion for summary judgment and the filing of the motion to November 15,1988. All other discovery must be completed by December 3, 1988. We are planning on filing our motion for summary judgment within the next two weeks, and are in the process of preparing supporting affidavits for execution by Cliff Gandis, plant manager at the Stauffer Anderson plant, and Dr. Herbert Northrup, past corporate medical director for Stauffer. We anticipate that plaintiffs attorney will request ana receive an extension of time to respond to our motion if he does not have the requested documents by November 15. In order to avoid giving the plaintiff the advantage of extra time to prepare a response to our motion, we would Tike to provide him with the requested documents as soon as possible. We therefore request that you thoroughly search your files immediately for the requested documents, and forward them to us so they can be served before November 15. Please advise if you anticipate being unable to provide the documents before that time. PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" .ElVEL OCT 271988 UCC 080260 Cox Defense Group October 25,1988 Page 2 ------------ Please contact me if you have any questions. Very truly yours, OGLETREE, DEMONS, NASH, SMOAK AND STEWART MLH:agd Enclosures '?(/Quh Mary Lou Hill /Udl PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080261 *t IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON DIVISION u)is Wanda Gail Cor> Executrix of the) Estate of Michael Wayne Cox, ) Plaintiff, ) ) VS. ) ) ) Georgia Gulf Corporation, ) et al, ) Defendants. ) ) ________ ) REQUEST FOR PRODUCTION OF DOCUMENTS C/A/ No.8:88-1400-3 TO: ALL ABOVE NAMED DEFENDANTS AND THEIR ATTORNEYS, MARY LOU HILL, DANIEL B. WHITE, AND BRADFORD N. MARTIN The Plaintiff, by and through the undersigned attorneys, pursuant to the provisions of Rule 34, Federal Rules of Civil Procedure, hereby request that the Defendants make available for copying and inspection by the Plaintiff the following documents: A. Any and all Material Safety Data Sheets pertaining to polyvinyl chloride which were used by the Defendants between the years 1974 and 1986 which the Defendants contend were delivered to Stauffer Chemical Company. B. Any and all documents pertaining to polyvinyl chloride^ which was either manufactured or sold by or through the Defendants, which contain information regarding the composition, properties, proper manner of use, warni^Sj instructions concerning storage, or any other information about polyvinyl PRIVILEGED AND "CONFIDENTIAL MATERIAL SUBJECT TO PROTECTIVE ORDER" UCC 080262 chlorid which the Defendants contend wer delivered to Stauff r Chemical Company. C. Any and all documents pertaining to polyvinyl chloride;manufactured or sold by or through the Defendants, which contain instructions or warnings or any information about polyvinyl chloride which the Defendants contend they delivered to Stauffer Chemical Company. D. Any and all documents, including correspondence and memoranda, which indicate that the documents listed in above ? requests A. through C. were actually delivered to Stauffer Chemical Company. Plaintiff requests that these documents be made avail able at the office of each Defendant's attorney in Greenville, South Carolina on or before November 15, 1988 with such documents to remain at said location for a sufficient period of time to allow the examination and copying of same by counsel for Plaintiff. Respectfully submitted, Greenville, South Carolina October 21, 1988 MITCHE? By: Robert M. Ariail Attorneys for Plaintiff 2 UCC 080263