Document JJoZ4N2zMpbJMxoGL493rK3EX

FILE NAME: Texaco (TEX) DATE: 2003 DOC#: TEX014 DOCUMENT DESCRIPTION: Legal - Plaintiffs 1st Requests for Admission to Texaco, Inc. with Responses Provided .} ECEIVED APR 12 2003 ,,H H SUPERIOR COURT OF W ASHINGTON FOR SKAGIT COUNTY VIRGINIA JAMESON, Individually and as ) Personal Representative o f the Estate o f RAY ) JA M ESO N , ) Plaintiffs, ) ) NO. 02-2-01069-8 .......... ) V. ) PLAINTIFF'S FIRST REQUESTS FOR SABERHAGEN HOLDINGS, INC., et al. ) ADMISSION TO TEXACO, INC. W ITH ) RESPONSES PROVIDED ) Defendants. ) .) / TO: TEXACO, INC. AND TO: BARRY MESHER, ESQ., COUNSEL FOR DEFENDANT TEXACO, INC. 17 In accordance with CR 26 and CR 36, you are hereby requested to admit, for purposes 18 o f the pending action only, the truth o f each o f the following statem ents w ithin thirty (30) 19 days o f their service upon you. If any objection is made to any individual statem ent, you are 20 required to set forth the reasons therefore, A ny denial shall fairly m eet the substance o f the 21 requested adm ission and when good faith requires you to qualify your answer, or deny only a 22 part o f the m atter, you shall specify so m uch o f it is true and qualify or deny the rem ainder. 23 You m ay not give lack o f inform ation or know ledge as a reason for failure to adm it or deny 24 unless you shall first state that you have m ade reasonable inquiry and that the inform ation 25 known or readily obtainable by you is insufficient to enable you to adm it or deny. For the 26 I PLAINTIFF'S FIRST REQUESTS FOR ADM ISSION TO TEXACO, INC WITH RESPONSES PROVIDED -1 013000.0583/1003008.1 Lane Pow ell Spears Lubersky L L P SUITE4100 1420 FIFTH AVENUE SEATTLE, WA 9*101 (206)223-7000 f 1 2 3 4 5 6 7 8 9 .10 11 12 13 J 14 15 16 17 18 19 20 21 22 23 24 25 purposes o f these Requests For Admission "You" means defendant TEXACO, IN C., its officers, directors, employees, parent corporations, subsidiary corporations, affiliates, predecessors in interest (including The Texas Company), agents, consultants, contractors, attorneys, representatives, and all other persons acting or purporting to act on behalf o f said defendant. DATED this 12th day o f M arch, 2003. BERGMAN SENN PAGELER & FROCKT /s/ David Frockt 26 / PLAINTIFF'S FIRST REQUESTS FOR ADMISSION TO TEXACO, INC W ITH RESPONSES PROVIDED - 2 013000.0583/1003008.1 ' L a n e P o w e l l Sp e a r s L u b e r sk y L L P SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 98101 (206)223-7000 f J PRELIM INARY STATEM ENT 1. Many o f the matters inquired about in these requests for admission took place years ago, and thus information furnished in the responses, which follow, may be incomplete. Nevertheless, defendant Texaco Inc. has endeavored to folly investigate all relevant happenings and circumstances, and the following responses are based upon their investigation. However, defendant Texaco Inc. cannot exclude the possibility that its continued investigation may reveal more complete information. Defendant Texaco Inc. specifically reserves the right to supplement these responses in the event that it acquires additional information which is responsive to these requests. A considerable amount o f information supplied in these responses was obtained from documents and/or prior employees at some point in the past. Accordingly, Texaco Inc. can only relay this information; it cannot attest to the accuracy or truthfulness o f such responses. Information o f this nature is being supplied because it may lead to the discovery o f admissible evidence. 2. Objections to plaintiffs instructions and/or definitions to all requests: 10 ....................... (a) Defendant Texaco Inc. objects to plaintiffs instructions and/or definitions 11 and/or requests for admission as set forth below and to each and every request to which they may apply. 12 (b) Defendant Texaco Inc. objects to all instructions and/or definitions and/or 13 and requests for admission as a whole to the extent that any purport to impose obligations upon defendant Texaco Inc. beyond those set forth in the W ashington Rules o f Civil Procedure. 14 Plaintiff is advised that defendant Texaco Inc. does not view itself as bound by these instructions and/or definitions. 15 (c) Defendant Texaco Inc. objects to all instructions and/or definitions and/or 16 requests for admission subject to the attom ey/client privilege. Plaintiff is advised that pursuant to the W ashington Rules o f Civil Procedure, no such information and/or documents w ill be 17 produced. 18 (d) Defendant Texaco Inc. objects to all instructions and/or definitions and/or requests for admission to the extent that any purport to seek information subject to the work 19 product immunity from discovery. Plaintiff is advised that pursuant to the W ashington Rules o f Civil Procedure; no such information will be produced. 20 21 Answering defendant has made a reasonable inquiry and the information known or 22 readily obtainable is insufficient to enable answering defendant to admit or deny this request for 23 admission. 24 REQUEST FOR ADMISSION NO. 1: Admit that You first becam e a m ember o f the 25 Industrial Hygiene Foundation in 1949. 26 PLAINTIFF'S FIRST REQUESTS FOR ADM ISSION TO TEXACO, INC W ITH RESPONSES PROVIDED - 3 013000.0383/1003008.1 L a n e P o w e l l Sp e a r s L u b e r sk y LLP SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 98101 (206)223-7000 RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADMISSION NO. 2 : Admit that You w ere a m ember o f the Industrial H ygiene Foundation in 1950. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for adm issioa REQUEST FOR ADMISSION NO. 3: A dm it that Y ou were a member o f the Industrial H ygiene Foundation in 1951. , RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for adm issioa , REQUEST FOR ADMISSION NO. 4: A dm it that Y ou w ere a member o f the Industrial H ygiene Foundation in 1952. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit o r deny this request for admission. REQUEST FOR ADMISSION NO. 5: A dm it that Y ou w ere a member o f the Industrial H ygiene Foundation in 1953. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADMISSION NO. 6: Adm it that Y ou w ere a member o f the Industrial H ygiene Foundation in 1954. PLAINTIFF'S FIRST REQUESTS FOR ADMISSION TO TEXACO, INC WITH RESPONSES PROVIDED - 4 013000.0583/1003008.1 L a ne P o w ell Spea rs L u bersky L L P SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 98101 (206)223-7000 RESPONSE: Answering defendant has made a reasonable inquiry and the inform ation known or readily obtainable is insufficient to enable answering defendant to admit o r deny this request for admission. REQUEST FOR ADM ISSION NO. 7 : Admit that Y ou w ere a member o f the Industrial H ygiene Foundation in 1955. RESPONSE: Answering defendant has made a reasonable inquiry and the inform ation known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADM ISSION NO. 8: Admit that Y ou w ere a m ember o f the Industrial H ygiene Foundation in 1956. RESPONSE: Answering defendant has made a reasonable inquiry and the inform ation known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADM ISSION NO. 9 : Admit that Y ou w ere a member o f the Industrial H ygiene Foundation in 1957. ............. .. RESPONSE: Answering defendant has made a reasonable inquiry and the inform ation known or readily obtainable is insufficient to enable answering defendant to admit o r deny this request for admission. REQUEST FOR ADM ISSION NO. 10: Admit that You w ere a m ember o f the Industrial H ygiene Foundation in 1958. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit o r deny this request for adm issioa REQUEST FOR ADM ISSION NO. 11: Admit that You w ere a member o f the Industrial H ygiene Foundation in 1959. PLAINTIFF'S FIRST REQUESTS FO R ADM ISSION TO TEXACO, INC W ITH RESPONSES PROVIDED - 5 013000.0583/1003008.1 L ane P o w ell Spea rs L ubersky L L P SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 98101 (206)223-7000 RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADMISSION NO. 12: Admit that You w ere a m em ber o f the Industrial H ygiene Foundation in 1960. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FO R ADM ISSION NO. 13: Admit that You w ere a m em ber o f the in d u s tria l H ygiene Foundation in 1961. , RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADMISSION NO. 14: Adm it that You w ere a m em ber o f the Industrial H ygiene Foundation in 1962. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defondant to admit or deny this request for admission. REQUEST FOR ADMISSION NO. 15: Admit that You w ere a m em ber o f the Industrial H ygiene Foundation in 1963. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit o r deny this request for admission. REQUEST FOR ADMISSION NO. 16: Adm it that You w ere a m em ber o f the Industrial H ygiene Foundation in 1964. PLAINTIFF'S FIRST REQUESTS FOR ADM ISSION TO TEXACO, INC W ITH RESPONSES PROVIDED - 6 ' 013000.0583/1003008.1 LLP L a n e P o w e l l Sp e a r s L u b e r s k y SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 9*101 (206)223-7000 RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADM ISSION NO. 17: Admit that You w ere a m em ber o f the Industrial Hygiene Foundation in 1965. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. REQUEST FOR ADM ISSION NO. 18: Admit that You w ere a m em ber o f the Industrial Hygiene Foundation in 1966. RESPONSE: Answering defendant has made a reasonable inquiry and the information known or readily obtainable is insufficient to enable answering defendant to admit or deny this request for admission. RESPONSES to the foregoing REQUESTS FOR ADMISSION subm itted this t l ^ ~ day of , 2003. _ _______ __ LANE POWELL SPEARS LUBERSKY LLP Bv , , ________________ Barry N! M esher. W SBA No. 07845 Attorneys for Defendant Texaco, Inc: PLAINTIFF'S FIRST REQUESTS FO R ADM ISSION TO TEXACO, INC W ITH RESPONSES PROVIDED - 7 013000.0583/1003008.1 La ne P ow ell Spears L ubersky L L P SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 98101 (206)223-7000 J 1 2 V ERIFICA TIO N I , ______ .____________ ;_____________ declare and state: 3 That I am an A ssistant Secretary o f Texaco Inc., a defendant in the entitled action. I 4 am authorized to make this verification for and on its behalf and I m ake this verification for 5 that reason. 6 I have reviewed the foregoing docum ent titled Responses to Plaintiffs' First Requests 7 fo r Adm ission to Defendant Texaco, Inc. W ith Responses Provided in the m atter Jam eson v. 8 Texaco Inc., et al. 9 I am informed and believe that the m atters stated therein are true and on that ground 10 verify such m atters are true. These responses w ere prepared w ith the assistance and advice o f 11 employees of, and counsel for, said defendant upon w hose assistance and advice I have relied. 12 These responses are limited by the records and inform ation still in existence, presently 13 recollected and thus far discovered in the course o f preparation o f these responses. Texaco 1 H Inc. reserves the right to change or supplem ent said responses, o r to apply for relief to perm it 15 insertion o f unintentionally om itted m atter. ____ ___ 16 I declare under penalty o f perjury that the foregoing is true and correct. 17 Executed a t _______________, ___________, th is ____ day o f ________ . 2003. 18 19 A ssistant Secretary 20 Subscribed and sworn to before m e on 21 2003. 22 Print N am e:___________________________________ 23 NOTARY PUBLIC for the State o f 24 ________ , residing at .______ 25 M y appointm ent expires:_________ 26 i PLAINTIFF'S FIRST REQUESTS FOR ADM ISSION TO TEXACO, INC W ITH RESPONSES PROVIDED - 8 013000.0583/1003008.1 L ane P ow ell Spears L ubersky L L P SUITE 4100 1420 FIFTH AVENUE SEATTLE, WA 98101 (206)223-7000 TEXA5 GULF SULPHUR CO. O FFIC FS IN: NFWGULF. WHARTON COUNTY. TX MR. C. L. ORR, ASST. MGR. OF SULPHUR OPERATJOh ' DR. W. W. DUECKER. MGR, RESEARCH D EPT. 75 EAS T 45th S T ., NEW YORK. NY (17) NO RECORD OF MEMBERSHIP. BUT SURVEYS WERE 1 IN MAY-JUNE. 1956 AND IN 1954. 53 and 52 TEXAS GULF.INC. 200 PARK A V E.. NEW YORK. NY 10017 JOINED: 1/3/38 RESIGNED: 12/73 T ... ... C. O. STEPHENS. CHAIRMAN OF THE BOARD 42nd S T .. NEW YORK. NY; 1 JQ IN fD : 4/15/4-9 RESIGNED: 3/26/59 H. E. FENNELL. ASST. TO DIR. j 15 ih/'.i/MU'jct iHt 0 0 0 5 to ' b f'