Document LgDembJ1zwEBE8Kga5L0nbe4X
FILE NAME Kubota KUB
DATE 2007
DOC KUB015
DOCUMENT DESCRIPTION Legal - Defendant Kubota's Responses to Plaintiffs Form Interrogatories
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Howard L. Halm State Bar No. 44498 Aide C. Ontiveros State Bar No. 169629 WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
555 S. Flower Street Suite 2900 Los Angeles California 90071
Telephone 213 443-5100 Facsimile 213 443-5101 Attorneys for Defendant
KUBOTA CORPORATION
Randall K. Bernard Esq State Bar No. WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
525 Market Street 17th Floor San Francisco California 94105
Telephone
Facsimile
415 433-0990 415 434-1370
Attorneys for Defendant
KUBOTA CORPORATION
181522
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES CENTRAL DISTRICT
CHRIS WEBBER Plaintiff
V. A.H. VOSS et al and DOES 1 to 300
Defendants
) Case
BC 368967
) Action Filed April 5 2007
) Judge
Hon James C Chalfant Dept. 13
)
) DEFENDANT KUBOTA .
) CORPORATION'S RESPONSES TO
) PLAINTIFF'S FORM
) INTERROGATORIES
)
.
) SET NOS 1-5
2)
)
)
PROPOUNDING PARTY :
RESPONDING PARTY :
SET NOS
:
7
Plaintiff CHRIS WEBBER Defendant KUBOTA CORPORATION
1-5
Defendant KUBOTA CORPORATION Defendant hereby responds to Plaintiff
Chris Webber's Plaintiff Form Interrogatories Set Nos 1-5 as follows
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///
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ff
i DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101
ne
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Ssepmne
PRELIMINARY STATEMENT
These responses are made solely for the purpose of and in relation to this action Each answer is given subject to all appropriate objections including but not limited to objections concerning competency relevancy materiality propriety and admissibility which would require
the exclusion of any statement contained herein where made by a witness present and testifying
in court All such objections and grounds therefore are reserved and may be interposed at the
time of trial
It should be noted that this responding party has not fully completed its investigation of
the facts relating to this case has not yet fully completed its discovery in this matter and has not
completed its preparation for trial All of the answers contained herein are based only upon such
information and documents which are presently available to and specifically known to this responding party and disclose only those contentions which presently occur to such responding
party It is anticipated that further discovery independent investigation legal research and
analysis will supply additional facts add meaning to the known facts as well as establish entirely new factual conclusions and legal contentions all of which may lead to substantial
additions to changes in and variations from the contentions herein set forth
It should further be noted that Kubota Corporation ceased the sale of asbestos cement pipe in October 1975. During the ensuing 32 years potential witnesses have left the
employment of the asbestos cement pipe division of Kubota Corporation or have become
deceased and through standard company record destruction policies potentially responsive documents have been destroyed These responses are made on behalf of Kubota Corporation
only with regard to information existing during the time asbestos cement pipe was exported to
the United States
The following form interrogatories responses are given without prejudice to Kubota
Corporation's right to produce evidence of any subsequently discovered facts which this
responding party may later recall Kubota Corporation accordingly reserves the right to change
any and all answers herein as additional facts are ascertained analyses are made legal research is completed and contentions are made
2
DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810 1
The answers contained herein are made in a good faith effort to supply as much factual
information and as much specification of legal contentions as is presently known but should in
no way be to the prejudice of Kubota Corporation in relation to further discovery research of
any answers to herein no admission of any nature whatsoever is to be implied or inferred The
65 fact that any interrogatory herein has been partially answered should not be taken as an admission to the entire request or that such answer constitutes evidence of any facts thus set
forth or assumed All answers must be construed as given on the basis of present recollection 8
Any interrogatory deemed as continuing is objected to as oppressive over burdensome 9 improper and not in compliance with Code of Civil Procedure Sections 2030 et seq and 2033
10
et seq and will not be regarded as continuing in nature
11
12 RESPONSES TO FORM INTERROGATORY
13
FORM INTERROGATORY NO 17.1
INTERROG INTEA RROGAT TORY O 17R .1 Y 17.1 14
Is your response to each request for admission served with these interrogatories an
unqualified admission If not for each response that is not an unqualified admission
16
17
a
state the number of the request
18
b _ state all facts upon which you base your response
19
c _ state the names ADDRESSES and telephone numbers of allPERSONS who
20 have knowledge of those facts and
222
d
identify all DOCUMENTS and other tangible thing that support your response
222 and state the name ADDRESS and telephone number of the PERSON who has each
23
DOCUMENT or thing
22
RESPONSE TO FORM INTERROGATORY NO 17.1 25
No.
228
228
28
3 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101 6078101
a
Response to Request for Admission No. 21
1
2
b
Objection the request for admission is vague ambiguous and compound
3 Through the passage of time the retirement and demise of its employees KUBOTA is unable to
4 completely respond to the interrogatory but shortly before its enactment KUBOTA became
5
aware of a 1960 Japanese Pneumoconiosis Act that addressed pneumoconiosis and asbestosis
6 resulting from long term exposures to asbestos at manufacturing facilities but not lung cancer or
7
8 mesothelioma and on this basis admits the request for admission KUBOTA believes it first
9 learned of asbestos related cancer and mesothelioma hazards shortly before promulgation of the
1975 Japanese Ordinance on Prevention of Hazards Caused by Specified Chemical Substances
11 and on this basis denies the request for admission
Japanese c
1960
Pneumoconiosis Act 1975 Japanese Ordinance on Prevention of
12 Hazards Caused by Specified Chemical Substances
11416
d
None
18
a
Response to Request for Admission No. 22
18
b
Objection the request for admission is vague ambiguous and compound
Through the passage of time the retirement and demise of its employees KUBOTA is unable to
20 completely respond to the interrogatory but shortly before its enactment KUBOTA became
22 asbestosis aware of a 1960 Japanese Pneumoconiosis Act that addressed pneumoconiosis and resulting from long term exposures to asbestos at manufacturing facilities but not lung cancer or
25 mesothelioma and on this basis admits the request for admission KUBOTA believes it first
learned of asbestos related cancer and mesothelioma hazards shortly before promulgation of the
27 basis 1975 Japanese Ordinance on Prevention of Hazards Caused by Specified Chemical Substances
and on this
denies the request for admission
4 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101
c
1960 Japanese Pneumoconiosis Act 1975 Japanese Ordinance on Prevention of
Hazards Caused by Specified Chemical Substances
d
None
6a
Response to Request for Admission No. 23
b
Objection the request for admission is vague ambiguous and compound
i Through the passage of time the retirement and demise of its employees KUBOTA is unable to
KUBOTA became completely respond to the interrogatory but shortly before its enactment
9
10 aware of a 1960 Japanese Pneumoconiosis Act that addressed pneumoconiosis and asbestosis
11
resulting from long term exposures to asbestos at manufacturing facilities but not lung cancer or
12 mesothelioma and on this basis admits the request for admission KUBOTA believes it first
13
learned of asbestos related cancer and mesothelioma hazards shortly before promulgation of the
14 1975 Japanese Ordinance on Prevention of Hazards Caused by Specified Chemical Substances
and on this basis denies the request for admission
16
Ordinance c
1960 Japanese Pneumoconiosis Act 1975 Japanese
on Prevention of
17
Hazards Caused by Specified Chemical Substances
18
19
d
None
~~
20
22
a
Response to Request for Admission No. 24
b
Objection the request for admission is vague ambiguous and compound
Through the passage of time the retirement and demise of its employees KUBOTA is unable to
24
completely respond to the interrogatory but shortly before its enactment KUBOTA became
25
aware of a 1960 Japanese Pneumoconiosis Act that addressed pneumoconiosis and asbestosis
26
27 resulting from long term exposures to asbestos at manufacturing facilities but not lung cancer on
28
mesothelioma and on this basis admits the request for admission KUBOTA believes it first
S DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
@-)
learned of asbestos related cancer and mesothelioma hazards shortly before promulgation of the
1975 Japanese Ordinance on Prevention of Hazards Caused by Specified Chemical Substances
and on this basis denies the request for admission
c
1960 Japanese Pneumoconiosis Act 1975 Japanese Ordinance on Prevention of
Hazards Caused by Specified Chemical Substances
d = None
a
Response to Request for Admission No. 29
b
Objection the request for admission is vague ambiguous and compound As
Responding Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32
years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe
division of Kubota Corporation or have become deceased and through standard company record
destruction policies potentially responsive documents have been destroyed Responding Party
lacks sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
received a copy of a Kubota brochure In it one of the photos shows a VOSS employed
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used
water at the point of operation The evidence does not preclude an oral conversation between
Voss and Kubota
c
Randall Waters Robert Arbizo and Bonafacio Lesso former Voss employees
who may be contacted through counsel for VOSS
d VossKubota brochure provided at deposition of Randall Waters
III III
6 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810 1
ee )
Request a
Response to
for Admission No. 30
pant
2
b
Objection the request for admission is vague ambiguous and compound As
3 Responding Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32
4 years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe
5 division of Kubota Corporation or have become deceased and through standard company record 6
destruction policies potentially responsive documents have been destroyed Responding Party
8
9 ||
lacks sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
received a copy of Kubota brochure In it one of the photos shows a VOSS employee
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
10 while using employees to wear protective equipment
the cutting tool The cutting tool used
12 water at the point of operation The evidence does not preclude an oral conversation between
13 Voss and Kubota
c Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d . Kubota brochure provided at deposition of Randall Waters
10
a
Response to Request for Admission No. 31
b
Objection the request for admission is vague ambiguous and compound As
Responding Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32
years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe
division of Kubota Corporation or have become deceased and through standard company record
destruction policies potentially responsive documents have been destroyed Responding Party
lacks sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
his protected by goggles gloves and a face mask while working at a cutting tool VOSS required 7 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6072101 6072101
~
employees to wear protective equipment while using the cutting tool The cutting tool used
2 water at the point of operation The evidence does not preclude an oral conversation between
3 Voss and Kubota
4
c
Randall Waters Robert Arbizo and Bonifacio Lesso former employees of VOSS
S
who may be contacted through counsel for VOSS
6
d VossKubota brochure provided at deposition of former Voss employee Randall
8 Waters
9
a
Response to Request for Admission No. 32
10
b
Objection the request for admission is vague ambiguous and compound As
12 Responding Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32
10 years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of Kubota Corporation or have become deceased and through standard company record
-
destruction policies potentially responsive documents have been destroyed Responding Party
16
lacks sufficient information and belief to respond to this request for admission and on this basis
18 Plaintiff denies it In addition at the deposition of former VOSS employee Randall Waters
received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
19
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used
22 water at the point of operation The evidence does not preclude an oral conversation between
Voss and Kubota
32 c Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
24 who may be contacted through counsel for VOSS
_ d
Kubota brochure provided at deposition of Randall Waters
26
28 III
Mth
8
DEFENDANT KUBOTA CORPORATION'S TO RESPONSES PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
a
Response to Request for Admission No. 41
4
S
6
8
9
10 11
12
13 14 15 16 17
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard
company record destruction policies potentially responsive documents have been destroyed
Responding Party lacks sufficient information and belief to respond to this request for admission
and on this basis denies it In addition according to Barry L. Castleman labels waming that
breathing asbestos was dangerous were not placed on sacks of M asbestos fiber until 1969 and
according to M records M asbestos fiber bags sold to Japan did not have warnings until
1977
c Person Most Knowledgeable for Tokyo Kogyo Boeki Shokai Ltd. The Tokyo
Minato West Shinbashi 3-13-3 w Building 3rd Floor Tokyo Japan Tel 81-334364521 and
Barry I. Castleman
d Barry L. Castleman Asbestos Medical and Legal Aspects 5th Ed 2005 pp
611-12 M warnings file
18
22
a
Response to Request for Admission No. 42
b As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
asbestos 21 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the
22
cement pipe division of Kubota Corporation or have become deceased and through standard
company record destruction policies potentially responsive documents have been destroyed
232
232 Responding Party lacks sufficient information and belief to respond to this request for admission
and on this basis denies it In addition according to Barry L. Castleman labels warning that
22
breathing asbestos was dangerous were not placed on sacks of M asbestos fiber until 1969 and
()
9 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6072101 6072101
1 according to M records M asbestos fiber bags sold to Japan did not have warnings until
|
1977 2
3
c
Person Most Knowledgeable for Tokyo Kogyo Boeki Shokai Ltd. The Tokyo
4
Minato West Shinbashi 3-13-3 w Building 3rd Floor Tokyo Japan Tel 81-334364521 and
5 Barry L. Castleman
6
d
Barry I. Castleman Asbestos Medical and Legal Aspects 5th Ed 2005 pp
7
611-12 M warnings file 8
9
10
a
Response to Request for Admission No. 43
11
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
12 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
13
EE
cement pipe division of Kubota Corporation or have become deceased and through standard
EE company record destruction policies potentially responsive documents have been destroyed
15
16
Responding Party lacks sufficient information and belief to respond to this request for admission
17
and on this basis denies it In addition according to Barry I. Castleman labels warning that
18
breathing asbestos was dangerous were not placed on sacks of M asbestos fiber until 1969 and
19
according to M records M asbestos fiber bags sold to Japan did not have warnings until
1977
c
Person Most Knowledgeable for Tokyo Kogyo Boeki Shokai Ltd. The Tokyo
,
- Minato West Shinbashi 3-13-3 w Building 3rd Floor Tokyo Japan Tel 81-334364521 and
Barry I. Castleman
d _ Barry I. Castleman Asbestos Medical and Legal Aspects 5th Ed 2005 pp
611-12 M warnings file
//
III
10 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607210
a
Response to Request for Admission No. 44
1
2
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 1975 and during
3 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
4 cement pipe division of Kubota Corporation or have become deceased and through standard
S
company record destruction policies potentially responsive documents have been destroyed
6
Responding Party lacks sufficient information and belief to respond to this request for admission
8
9
10 11
121214
and on this basis denies it In addition according to Barry I. Castleman labels warning that breathing asbestos was dangerous were not placed on sacks of M asbestos fiber until 1969 and according to M records M asbestos fiber bags sold to Japan did not have warnings until
|
1977
c Person Most Knowledgeable for Tokyo Kogyo Boeki Shokai Ltd. The Tokyo
Minato West Shinbashi 3-13-3 w Building 3rd Floor Tokyo Japan Tel 81-334364521 and
Barry I. Castleman
16
d | Barry Castleman Asbestos Medical and Legal Aspects 5th Ed 2005 pp
611-12 M warnings file
18
9
27 a
Response to Request for Admission No. 45
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
27 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
22 cement pipe division of Kubota Corporation or have become deceased and through standard
23
company record destruction policies potentially responsive documents have been destroyed
24
Responding Party lacks sufficient information and belief to respond to this request for admission
25
26 and on this basis denies it
22
c
Robert Arbizo and Bonifacio Lesso former VOSS employees who may be
28
contacted through counsel for VOSS
11 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
d
Kubota brochure provided at the deposition of Randall Waters and photos of
Kubota pipe
4
a
Response to Request for Admission No. 46
S
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and
during 6
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard
6 company record destruction policies potentially responsive documents have been destroyed
9
10 Responding Party lacks sufficient information and belief to respond to this request for admission
11 and on this basis denies it
12 13 14
15
16
c
Robert Arbizo and Bonifacio Lesso former VOSS employees who may be
contacted through counsel for VOSS
d
Kubota brochure provided at the deposition of Randall Waters and photos of
Kubota asbestos cement pipe
17
a
Response to Request for Admission No. 47
8222
8222
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
8222 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
21 cement pipe division of Kubota Corporation or have become deceased and through standard
22
company record destruction policies potentially responsive documents have been destroyed
to 22 Responding Party lacks sufficient information and belief respond to this request for admission
24
and on this basis denies it
c
Robert Arbizo and Bonifacio Lesso former VOSS employees who may be
2222
2222
contacted through counsel for VOSS
2222
12
DEFENDANTKUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810 1
d
Kubota brochure provided at deposition of Randall Waters and photos of
Kubota pipe
a
Response to Request for Admission No. 48
S
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
6
left the ensuing 32 years potentially knowledgeable witnesses have asbestos 7
the employ of the
standard cement pipe division of Kubota Corporation or have become deceased and through
8
company record destruction policies potentially responsive documents have been destroyed
9
10 Responding Party lacks sufficient information and belief to respond to this request for admission
11
and on this basis denies it
12
c
Robert Arbizo and Bonifacio Lesso former VOSS employees who may be
13
contacted through counsel for VOSS
14
d
K- ubota brochure provided at deposition of Randall Waters and photos of
15
Kubota pipe
16
17
a
Response to Request for Admission No. 53
18
19
b As Responding Party ceased the sale ofasbestos cement pipe in 1975 and during
27 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
27
cement pipe division of Kubota Corporation or have become deceased and through standard
22
company record destruction policies potentially responsive documents have been destroyed
32
Responding Party lacks sufficient information and belief to respond to this request for admission
24
and on this basis denies it In addition at the deposition of former VOSS employee Randall
25
26
Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows
2 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
28 VOSS required his employees to wear protective equipment while using the cutting tool The
13 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101
cutting tool used water at the point of operation The evidence does not preclude an oral
See
conversation between Voss and Kubota
2
3
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
4
who may be contacted through counsel for VOSS
5
d
Kubota brochure provided at deposition of Randall Waters
6
7
a
Response to Request for Admission No. 54 _
8
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and
during 9 | the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
10
11 cement pipe division of Kubota Corporation or have become deceased and through standard
12 company record destruction policies potentially responsive documents have been destroyed
13 Responding Party lacks sufficient information and belief respond to this request for admission
14 and on this basis denies it In addition at the deposition of former VOSS employee Randall
15
Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows {
16
VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
17
VOSS required his employees to wear protective equipment while using the cutting tool The
18
19 cutting tool used water at the point of operation The evidence does not preclude an oral
20
conversation between Voss and Kubota
employees 21
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS
22
who may be contacted through counsel for VOSS
222
d Kubota brochure provided at deposition of Randall Waters
222
25
a ResponseResponse to Request for Admission No. 55
222
222
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
28 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
14 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
= cement pipe division of Kubota Corporation or have become deceased and through standard
2 company record destruction policies potentially responsive documents have been destroyed |
3 Responding Party lacks sufficient information and belief to respond to this request for admission
4
and on this basis denies it In addition at the deposition of former VOSS employee Randall
S d Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows
6
VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
7
VOSS required his employees to wear protective equipment while using the cutting tool The 8
9 cutting tool used water at the point of operation The evidence does not preclude an oral
10
conversation between Voss and Kubota
10 c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS
employees who may be contacted through counsel for VOSS
d Kubota brochure provided at deposition of Randall Waters
a
Response to Request for Admission No. 56
15 b
A_s Responding Party ceased the sale of asbestos cement pipe in 1975 and during
18 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
1819
cement pipe division of Kubota Corporation or have become deceased and through standard
22 company record destruction policies potentially responsive documents have been destroyed
Responding Party lacks sufficient information and belief to respond to this request for admission
22 and on this basis denies it In addition at the deposition of former VOSS employee Randall
24 Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a
22 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
22 VOSS required his employees to wear protective equipment while using the cutting tool The
cutting tool used water at the point of operation The evidence does not preclude an oral
28 conversation between Voss and Kubota
15
DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d
Kubota brochure provided at deposition of Randall Waters
a
Response to Request for Admission No. 57
b Objection vague and ambiguous as to the word cutting As Responding Party
ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years potentially
employ Kubota knowledgeable witnesses have left the
of the asbestos cement pipe division of
Corporation or have become deceased and through standard company record destruction
policies potentially responsive documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
received a copy of a Kubota brochure In it one of the photos shows a VOSS employed
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used
water at the point of operation The evidence does not preclude an oral conversation between
_
Voss and Kubota
c Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d VossKubota brochure provided at deposition ofRandall Waters
a
Response to Request for Admission No. 58
b
Objection vague and ambiguous as to the word cutting As Responding Party
ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years potentially
16 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1 5
607810
knowledgeable witnesses have left the employ of the asbestos cement pipe division of Kubota
2 Corporation or have become deceased and through standard company record destruction
policies potentially responsive documents have been destroyed Responding Party
3 lacks sufficient information and belief to respond to this request for admission and on this basis
5 denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
6 received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
8 protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
9 employees to wear protective equipment while using the cutting tool The cutting tool used
110 0 water at the point of operation The evidence does not preclude an oral conversation between
11
Voss and Kubota
1212
13
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d = Kubota brochure provided at deposition of Randall Waters
177 a
Responsteo Request for Admission No. 59
b
Objection vague and ambiguous as to the word cutting As Responding Party
222
ceased the sale of asbestos cement pipe in 1975 and during theensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of Kubota
222
Corporation or have become deceased and through standard company record destruction policies potentially responsive documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
2 2 protected by goggles gloves and a face mask while working at a cutting tool VOSS required his employees to wear protective equipment while using the cutting tool The cutting tool used
17 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
KATRIN 1
v)
water at the point of operation The evidence does not preclude an oral conversation between
1 Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
4 who may be contacted through counsel for VOSS
S
6d
K_ ubota brochure provided at deposition of Randall Waters
a
Response to Request for Admission No. 60 _
8
b
Objection vague and ambiguous as to the word cutting As Responding Party
9
ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years potentially
10
11
knowledgeable witnesses have left the emplooyf the asbestos cement pipe division of Kubota
12
Corporation or have become deceased and through standard company record destruction
13
14 15 16 17 18 19
policies potentially responsive documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used
20
water at the point of operation The evidence does not preclude an oral conversation between
21
Voss and Kubota
.
222
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
222
who may be contacted through counsel for VOSS
24
d VossKubota brochure provided at deposition of Randall Waters
25
26 III
27 III
18 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
a
Response to Request for Admission No. 61
1975 b
As Responding Party ceased the sale of asbestos cement pipe in
and during
2
3 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
4 cement pipe division of Kubota Corporation or have become deceased and through standard
5 company record destruction policies potentially responsive documents have been destroyed
6
Responding Party lacks sufficient information and belief to respond to this request for admission
7
and on this basis denies it In addition at the deposition former VOSS employee Randall
8
9 Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a
10 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
VOSS required his employees to wear protective equipment while using the cutting tool The
12 cutting tool used water at the point of operation The evidence does not preclude an oral
13 conversation between Voss and Kubota
14
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
15
who may be contacted through counsel for VOSS
65
d
_K - ubota brochure provided at deposition of Randall Waters
17
18
12
a
Response to Request for Admission No. 62
20
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
21 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
22 cement pipe division of Kubota Corporation or have become deceased and through standard
23
company record destruction policies potentially responsive documents have been destroyed
24
Responding Party lacks sufficient information and belief to respond to this request for admission
25
and on this basis denies it In addition at the deposition of former VOSS employee Randall
26
.
a 27 Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows
VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
19 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607210
protective VOSS required his employees to wear
1
equipment while using the cutting tool The
2 cutting tool used water at the point of operation The evidence does not preclude an oral
3
conversation between Voss and Kubota
4
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
S
who may be contacted through counsel for VOSS
6
d
K_ ubota brochure provided at deposition of Randall Waters
7
8
9a
Response to Request for Admission No. 63
10 b As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
12 cement pipe division of Kubota Corporation or have become deceased and through standard
13
company record destruction policies potentially responsive documents have been destroyed
14
Responding Party lacks sufficient information and belief to respond to this request for admission
15
and on this basis denies it In addition at the deposition of former VOSS employee Randall
16
Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a
17
18 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
19 VOSS required his employees to wear protective equipment while using the cutting tool The
20 cutting tool used water at the point of operation The evidence does not preclude an oral
22 conversation between Voss and Kubota
22
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
23
who may be contacted through counsel for VOSS
24
d
Kubota brochure provided at deposition of Randall Waters
25
22
22
III
28 III
20 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6072101
a
Response to Request for Admission No. 64
1
1975 b
As Responding Party ceased the sale of asbestos cement pipe in
and during
2
3 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
4 cement pipe division of Kubota Corporation or have become deceased and through standard
5
company record destruction policies potentially responsive documents have been destroyed
6
Responding Party lacks sufficient information and belief to respond to this request for admission
7
former and on this basis denies it In addition at the deposition of
8
VOSS employee Randall
9 Waters Plaintiff received a copy of a Kubota brochure In it one of the shows a
10 10 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
11 VOSS required his employees to wear protective equipment while using the cutting tool The
12 cutting tool used water at the point of operation The evidence does not preclude an oral
13 conversation between Voss and Kubota
14
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
15
who may be contacted through counsel for VOSS
16
d
Kubota brochure provided at deposition of Randall Waters
17
18
19
a
Response to Request for Admission No. 65
20
b
Objection vague and ambiguous as to use of the word cutting As Responding
2222322
Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years
2222322 potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
2222322
Kubota Corporation or have become deceased and through standard company record destruction
2222322
policies potentially responsive documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
2222322
2222322 denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
28
received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
21 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
l protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
2 employees to wear protective equipment while using the cutting tool The cutting tool used
3 water at the point of operation The evidence does not preclude an oral conversation between
4
Voss and Kubota
5
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
6
|
who may be contacted through counsel for VOSS
7
8
d
Kubota brochure provided at depositioonf Randall Waters
9
10
a _ R_esponse to Request for Admission No. 66
b
Objection vague and ambiguous as to use of the word cutting As Responding
Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years
potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
16 responsive Kubota Corporation or have become deceased and through standard company record destruction
policies potentially
documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
Randall Waters denies it In addition at the deposition of former VOSS employee
Plaintiff
19 photos 19
received a copy of a Kubota brochure In it one of the
shows a VOSS employee
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used
water at the point of operation The evidence does not preclude an oral conversation between
Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
2 2 who may be contacted through counsel for VOSS
d
Kubota brochure provided at deposition of Randall Waters
22 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES NOS 1-5
KATRIN I
e.
a
Response to Request for Admission No. 67
2
b Objection vague and ambiguous as to use of the word cutting As Responding
Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years
3 potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
5 Kubota Corporation or have become deceased and through standard company record destruction
6
policies potentially responsive documents have been destroyed Responding Party lacks 7
8 sufficient information and belief to respond to this request for admission and on this basis
addition denies it In
9
at the deposition of former VOSS employee Randall Waters Plaintiff
10 received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
102
14
16
17
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used
water at the point of operation The evidence does not preclude an oral conversation between
| |
Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d
Kubota brochure provided at deposition of Randall Waters
18
a
Response to Request for Admission No. 68
b
Objection vague and ambiguous as to use of the word cutting As Responding
2 during Party ceased the sale of asbestos cement pipe in 1975 and
the ensuing 32 years
potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
23
Kubota Corporation or have become deceased and through standard company record destruction
24
responsive policies potentially
25
documents have been destroyed Responding Party lacks
26 sufficient information and belief to respond to this request for admission and on this basis
2 denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
28
received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
23 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his employees to wear protective equipment while using the cutting tool The cutting tool used water at the point of operation The evidence does not preclude an oral conversation between
Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d VossKubota brochure provided at deposition Randall Waters
a
Response to Request for Admission No. 69
b As Responding Party ceased the sale of asbestos cement pipe in 1975 and during during
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard
potentially cseee
company record destruction policies
Ne
responsive documents have been destroyed
Responding Party lacks sufficient information and belief to respond to this request for admission
and on this basis denies it In addition at the deposition of former VOSS employee Randall
Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
VOSS required his employees to wear protective equipment while using the cutting tool The
cutting tool used water at the point of operation The evidence does not preclude an oral
conversation between Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
d
///
Kubota brochure provided at deposition of Randall Waters
III
24
DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
a
Response to Request for Admission No. 70
2
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
3 the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
4 cement pipe division of Kubota Corporation or have become deceased and through standard
5
company record destruction policies potentially responsive documents have been destroyed
6 Responding Party lacks sufficient information and belief to respond to this request for admission
8 and on this basis denies it In addition at the deposition of former VOSS employee Randall
9 Waters Plaintiffreceived a copy of a Kubota brochure In it one of the photos shows a
10 |, VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
1011
VOSS required his employees to wear protective equipment while using the cutting tool The
12
12EE
13
1414
15
cutting tool used water at the point of operation The evidence does not preclude an oral
conversation between Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
17 d = Kubota brochure provided at deposition of Randall Waters
18 a
Response to Request for Admission No. 71
~~
b
As Responding Party ceased the sale of asbestos
pipe in 1975 and
cement during the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard
23 company record destruction policies potentially responsive documents have been destroyed
24 Responding Party lacks sufficient information and belief to respond to this request for admission
and on this basis denies it In addition at the deposition of former VOSS employee Randall
26 Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a
28 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
25
DEFENDANT KUBOTA CORPORATION'S TO RESPONSES PLAINTIFF'S FORM INTERROGATORIES NOS 1-5
KAZRIO
VOSS required his employees to wear protective equipment while using the cutting tool The
1
2 cutting tool used water at the point of operation The evidence does not preclude an oral
3 conversation between Voss and Kubota
4
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
S who may be contacted through counsel for VOSS
6
d
Kubota brochure provided at deposition of Randall Waters
7
8
9
10
111
12
a Response to Request for Admission No. 72
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard company record destruction policies potentially responsive documents have been destroyed
Responding Party lacks sufficient information and belief to respond to this request for admission
15
and on this basis denies it In addition at the deposition of former VOSS employee Randall
Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows
218 2
222
VOSS employee protected by goggles gloves and a face mask while working at a cutting tool
VOSS required his employees to wear protective equipment while using the cutting tool The
cutting tool used water at the point of operation The evidence does not preclude an oral
|
conversation between Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
24 who may be contacted through counsel for VOSS
d VossKubota brochure provided at deposition of Randall Waters
26 // // 26 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101 6078101
a
Response to Request for Admission No. 73
_
2
b Objection vague and ambiguous as to use of the word cutting As Responding
3 Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years
4 potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
5 Kubota Corporation or have become deceased and through standard company record destruction
6
8
9
10
1011
policies potentially responsive documents have been destroyed Responding Party lacks sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
received a copy ofa Kubota brochure In it one of the photos shows a VOSS employed protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
112 2 employees to wear protective equipment while using the cutting tool The cutting tool used
water at the point of operation The evidence does not preclude an oral conversation between
14 Voss and Kubota
c
Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
11715 who may be contacted through counsel for VOSS
17
d
Kubota brochure provided at deposition of Randall Waters
19
20
a
Response to Request for Admission No. 74
22
b Objection vague and ambiguous as to use of the word cutting As Responding
Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years
23 knowledgeable potentially
witnesses have left the employ of the asbestos cement pipe division of
Kubota Corporation or have become deceased and through standard company record destruction
policies potentially responsive documents have been destroyed Responding Party lacks
22 sufficient information and belief to respond to this request for admission and on this basis denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
27 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
6078101
received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
3 employees to wear protective equipment while using the cutting tool The cutting tool used
4 water at the point of operation The evidence does not preclude an oral conversation between
5
Voss and Kubota
6
c Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
7
who may be contacted through counsel for VOSS
-
8
9
d VossKubota brochure provided at deposition of Randall Waters
10
11
a Response to Request for Admission No. 75
12
b
Objection vague and ambiguous as to use of the word cutting As Responding
13 Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
Kubota Corporation or have become deceased and through standard company record destruction
1616
18
19
policies potentially responsive documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
20 received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
21 || protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
employees to wear protective equipment while using the cutting tool The cutting tool used |
2 water at the point of operation The evidence does not preclude an oral conversation between
2 Voss and Kubota
22
c _ Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
27
who may be contacted through counsel for VOSS
28
d
_Kubota brochure provided at deposition of Randall Waters
28
DEFENDANT KUBOTA CORPORATION'S TO RESPONSES PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810
a
Response to Request for Admission No. 76
As Responding b
Objection vague and ambiguous as to use of the word cutting
2
3 Party ceased the sale of asbestos cement pipe in 1975 and during the ensuing 32 years
4 potentially knowledgeable witnesses have left the employ of the asbestos cement pipe division of
5 Kubota Corporation or have become deceased and through standard company record destruction
6
7 policies potentially responsive documents have been destroyed Responding Party lacks
sufficient information and belief to respond to this request for admission and on this basis
8
9 denies it In addition at the deposition of former VOSS employee Randall Waters Plaintiff
110 0 received a copy of a Kubota brochure In it one of the photos shows a VOSS employee
11 protected by goggles gloves and a face mask while working at a cutting tool VOSS required his
1 13
1616
17
employees to wear protective equipment while using the cutting tool The cutting tool used water at the point of operation The evidence does not preclude an oral conversation between
Voss and Kubota
c Randall Waters Robert Arbizo and Bonifacio Lesso former VOSS employees
who may be contacted through counsel for VOSS
18
d VossKubota brochure provided at deposition of Randall Waters
19.20
222 222
22
a
Response to Request for Admission No. 77
b _ As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard
company record destruction policies potentially responsive documents have been destroyed
25
Responding Party lacks sufficient information and belief to respond to this request for admission and on this basis denies it
c
A.H. Voss deceased and Randall Waters
29 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810 1
apes
C)
d
Deposition testimonies of A.H. Voss and testimony of A.H. Voss before the
International Trade Commission Kubota brochure provided at deposition of Randall
3 Waters
4
S
6
8
9 10
11
a
Response to Request for Admission No. 78
b
As Responding Party ceased the sale of asbestos cement pipe in 1975 and during
the ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos
cement pipe division of Kubota Corporation or have become deceased and through standard
company record destruction policies potentially responsive documents have been destroyed
Responding Party lacks sufficient information and belief to respond to this request for admission
12 and on this basis denies it However through VOSS testimony and the Kubota brochure
13 today Responding Party understands that VOSS may have distributed Kubota asbestos cement
14
pipe in the following Southern California localities Los Angeles Department of Water & Power
City of Santa Monica Lake Los Angeles Salton City and City of Long Beach
16
c
A.H. Voss deceased and Randall Waters
17
18 d Deposition testimonies of A.H. Voss and testimony of A.H. Voss before the
19 International Trade Commission Kubota brochure provided at deposition of Randall
20
Waters
20.2 22 Dated November
20.2 2007
;
22
WILSON ELSER MOSKOWITZ EDELMAN &
DICKER LLP
23
24
Howard Halm
Aide Ontiveros
25
Attorneys for Defendant
KUBOTA CORPORATION 26
27
28
30 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5
607810 1
VERIFICATION
STATE OF CALIFORNIA COUNTY OF LOS ANGELES
2
I have read the foregoing DEFENDANT KUBOTA CORPORATION'S RESPONSES 3
TO PLAINTIFF'S FORM INTERROGATORIES SET NOS 1-5 and know its contents
4
5
I am Kunio Suwa Legal Department for KUBOTA CORPORATION a party to this
6 action entitled Chris Webber v A.H. Voss et al LASC Case No. BC 368967 and am authorized
its T
to make this verification for and on behalf and I make this verification for that reason I am
8
informed and believe and on that ground allege that the matters stated in the foregoing document
9
are true
Executed on November 20 2007 at Osaka Japan
I declare under the penalty of perjury under the laws of the State ofCalifornia that the
foregoing is true and correct
24
27
00 N DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S FORM SET INTERROGATORIESNOS 1-5
607810.1
PROOF OF SERVICE
1013a CCP
STATE OF CALIFORNIA COUNTY OF LOS ANGELES
4
I am employed in the County of Los Angeles State of California am over the age of 18
and not a party to the within action my business address is 555 South Flower Street 29th Floor
5 Los Angeles California 90071
6 On November 20 2007 I caused the foregoing document described as DEFENDANT
7 KUBOTA
CORPORATION'S
RESPONSES -TO
PLAINTIFF'S
FORM
INTERROGATORIES SET NO 1-5 to be served on the interested parties in this action
8
SEE ATTACHED SERVICE LIST
9
envelopes 10 XX By placing X the true copy [ the original thereof enclosed in sealed
addressed as follows
.
11
States XX BY MAIL I caused such envelope fully prepaid to be placed in the United
12
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
13
deposited with the U.S. postal service on that same day with postage thereon fully
14 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 on
15
postage meter date is more than one day after date of deposit for mailing in affidavit
16 1
17
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
18
fl
19
20
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
;
personal I XX BY FACSIMILE caused said document to be telephonically transmitted to
222
addressee's telecopier Fax number as noted Said service shall be deemed personal
222
service pursuant to the Court's Trial Setting Order dated 10/24/07
222
22 22
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct
Executed on November 20 2007 at Los Angeles California
26 27
562615.1
Karma Ramirez
1 PROOF OF SERVICE
SERVICE LIST Chris Webber v KUBOTA CORPORATION et al
Case No BC368967 Our File No 00495.06826
Jeffrey A. Kaiser Esq
Scott Hendler Esq
Raymond D. Mueller Esq
HendlerLaw
LEVIN SIMES KAISER & GORNICK LLP | 816 Congress Avenue
44 Montgomery Street 36th Floor
Suite 1230
San Francisco California 94104 415 646-7160 Telephone 415 981-1270 Facsimile | Attorneys for Plaintiff CHRIS WEBBER
Austin TX 78701
Tel 512 439-3200 Fax 512 439-3201 Attorneys for Plaintiff CHRIS WEBBER
RECORD TRAK
675 South Arroyo Parkway
Suite 320 Pasadena CA 91105
Tel 626 685-2878 Fax (626)685-2877 Email nvento@recordtrak.com Designated Defense Counsel
Pa
Joanna MacQueen Esq
JACKSON & WALLACE 14727 Ventura Boulevard Suite 1210 Sherman Oaks California 91404
Tel 818 379-4700 Fax 818 379-4702
Attorneys for Defendant KAISER GYPSUM . COMPANY INC
Email jmacqueen@jacksonwallace.com jstepp@jacksonwallace.com
Randall Bernard Esq WILSON ELSER MOSKOWITZ
EDELMAN & DICKER LLP
525 Market Street 17th Floor San Francisco California 94105 Tel 415 433-0990 Fax 415 434-1370 Attorneys for Defendant A.H. Voss and Kubota Corporation
562615.1
2 PROOF OF SERVICE
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WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP By Howard Halm
Aide Ontiveros
Attorneys for Defendant
KUBOTA CORPORATION
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