Document NEDmzBjgEb5Eqy62R78yB8X3E

FILE NAME Kubota KUB DATE 2007 DOC KUB013 DOCUMENT DESCRIPTION Legal - Defendant Kubota's Responses to Plaintiffs Standard Interrogatories 1 Howard L. Halm State Bar No. 44498 Aide C. Ontiveros State Bar No. 169629 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 3 555 S. Flower Street Suite 2900 Los Angeles California 90071 4 Telephone 213 443-5100 Facsimile 213 443-5101 S Attorneys for Defendant KUBOTA CORPORATION 6 7 Randall K. Bernard Esq State Bar No. 181522 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP _ ' 525 Market Street 17th Floor San Francisco California 94105 9 Telephone 415 433-0990 10 Facsimile 415 434-1370 10 Attorneys for Defendant 11 KUBOTA CORPORATION 1122 13 SUPERIOR COURT OF CALIFORNIA COUNTY OF LOS ANGELES - CENTRAL DISTRICT 15 CHRIS WEBBER V. Plaintiff 17 1 A.H. VOSS et al and DOES to 300 18 Defendants ) Unlimited Civil Case Set! Sager Case No BC 368967 Nama! Action Filed April 5 2007 Seam! Judge Hon James C Chalfant Dept. 13 age! Soa! DEFENDANT KUBOTA ) CORPORATION'S RESPONSES TO Nea! PLAINTIFF'S STANDARD tae! INTERROGATORIES PROPOUNDED Sener! TO DEFENDANT KUBOTA am! CORPORATION INDIVIDUALLY AND Seape! AS SUCCESSOR TO Naser! KUBOTA IRON AND MACHINERY Sage! WORKS AND KUBOTA AMERICA Sener PROPOUNDING PARTY : ) Trial Date None Plaintiff CHRIS WEBBER RESPONDING PARTY : Defendant KUBOTA CORPORATION 20|| SET NUMBER 2 ONE 1 Defendant KUBOTA CORPORATION hereby provides Responses to Plaintiff's 28 Standard Interrogatories Propounded to Defendant Kubota Corporation Individually and Plaintif's i 607796.1DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD , INTERROGATORIES SET ONE Successor to Kubota Iron and Machinery Works and Kubota America as follows 2 GENERAL OBJECTIONS 3 4 Responding Party Defendant KUBOTA CORPORATION contends that many of these S interrogatories are objectionable as overly broad unduly burdensome not likely to lead to the discovery of admissible evidence vague and ambiguous as applied to KUBOTA 6 CORPORATION and inconsistent with the requirements of the California Code of Civil Procedure 8 Accordingly KUBOTA CORPORATION has answered the discovery KUBOTA understood Further in attempting to answer 9 CORPORATIONis hampered by the Thus passage of time 10 documents witnesses and evidence that may have helped KUBOTA CORPORATION to more 11 completely answer this discovery and defend itselfin this litigation be may no longer 12 in existence or available These responses are made solely for the purpose of County litigationin Los Angeles 13 State of California incorporated To the extent applicable and expressly 14 below the following objections are incorporated in the response to each individual interrogatory 16 a KUBOTA CORPORATION objects generally to these interrogatories to the 17 extent they ask for information that is not within KUBOTA possession custody CORPORATION's 18 or control However KUBOTA CORPORATION has conducted a good faith 19 investigation and reasonable search for information with to respond to these interrogatories 20 These responses are made on behalf of KUBOTA CORPORATION 222 information existing during the time asbestos cement pipe was exported States from 1962 to 1975 only with regard to to the United b KUBOTA CORPORATION objects generally to these interrogatories to the 222 extent they ask for information directed towards products topics and issues beyond the 222 KUBOTA CORPORATION products about which plaintiff makes allegations on the grounds not 26 that such interrogatories are overly broad unduly burdensome and ask for information that is 27 relevant to the subject matter of this litigation and not reasonably calculated to lead to the 28 discovery of admissible evidence 2 SET DEFENDANT KUBOTA CORPORATION'S RESPONSES TO 607796.1 PLAINTIFF'S STANDARD INTERROGATORIES ONE . c KUBOTA CORPORATION objects generally to these interrogatories to the 2 extent they ask for information protected by the attorney privilege and the attorney 3 product doctrine 4 S In responding to this discovery KUBOTA CORPORATION has furnished information that is now available which may include hearsay and other forms of 6 information that are neither neither 7 reliable or admissible in evidence In conducting its business KUBOTA CORPORATION created documents that may have been kept in numerous different 8 locations and may have been moved from site to site As 9 required by law these responses reflect all responsive information identified by KUBOTA CORPORATION 10 pursuant to a diligent search and CORPORATION reasonableinquiry To the extent that any discovery requires more KUBOTA 11 objects because the discovery asks KUBOTA CORPORATION to 12 conduct a search beyond the and scope of permissible discovery contemplated by law 13 compliance with such request would impose an undue burden on KUBOTA CORPORATION 14 KUBOTA CORPORATION interprets these interrogatories as asking for information by thatis not protected 16 the attorney privilege and the attorney product doctrine KUBOTA CORPORATION provides the informationin these 17 responses solely for the purpose litigation of the present 18 KUBOTA CORPORATION expressly reserves all objections to the asbestos Los 222 attempted use of this information beyond the present forum complex Angeles County 222 litigationin 222 KUBOTA CORPORATION's investigation and discovery are ongoing KUBOTA 22 CORPORATION reserves the right to object to future discovery on the same or related matters 23 and does not waive any objection by providing the information reflected in these responses 24 KUBOTA CORPORATION further reserves the right to object to the admissibility of any of 25 these responses in whole or in part at trial in any action on any grounds including but not 26 limited to materiality relevance and privilege 27 Subject to the foregoing General Objections that are included without being individually repeated in each of the following responses KUBOTA CORPORATION responds 3 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO 607796.1 PLAINTIFF'S STANDARD INTERROGATORIES SET ONE INTERROGATORY NO 1 INTERROGATORIES Please state the full and name present business address present residences capacity 4 of title of the individual answering or signing these Interrogatories on behalf of the answering 5 defendant 6 RESPONSE TO INTERROGATORY NO 1 7 Kunio Suwa Legal Department KUBOTA Corporation 2-47 Shikitsuhigashi chome 8 Naniwa Osaka 556-8601 JapanJapan 9 IINNTETRREOGRARTOORYGIANTETRROOGARTORYY N NOO 1144 10 11 Have you at any time engaged in the processing marketing and sale of products containing asbestos fibers 12 RESPONSE TO INTERROGATORY NO 14 13 14 KUBOTA objects to this interrogatory to the extent that the terms processing and 15 marketing as used in this interrogatory are vague ambiguous undefined and are subject to 16 various meanings Subject to the foregoing and without waiving its objections KUBOTA responds that it has manufactured a product containing asbestos 17 I INN TT ERERR OR GAO TING TOERRORGA ATOYRYTN NO OOR 11Y 55 18 to 22 If your answer Interrogatory 14 is in the affirmative please state a 20 marketed 2 The trade | or brand name of each such product mined manufactured and 22 b The dates that each of such products were placed on the market 23 c The dates that each of such products were withdrawn from the market 24 d A description of the physical appearance of each such product chemical 25 composition of each such product including the type of asbestos contained in each such product 26 i.e. amosite chrysotile or crocidolite the quantitative percentage of asbestos in each products each asbestos chemical contained in each such product 27 28 e _ description of the physical appearance of each such product 4 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S 607796.1 STANDARD INTERROGATORIES SET ONE pron f A detailed description of the intended use of each such product 2 g The name of the manufacturer of each such product w h The mining or milling concern from which the raw asbestos fiber was obtained 4 RESPONSE TO INTERROGATORY NO 15 S KUBOTA objects to this interrogatory to the extent that it contains subparts in violation 6 of California Code of Civil Procedure section 2030 c 5 and to the extent that the term market as used in this interrogatory is vague ambiguous undefined and is subject to various objections 8 meanings Subject to the foregoing and without waiving its KUBOTA responds 9 follows | 10 a KUBOTA - Asbestos Pressure Pipe b August 1954 in Japan 13 c withdrawn KUBOTA objects to this interrogatory from the market is vague ambiguous subpart to undefined the extent that and is subject the phrase to various 14 meanings Subject to the foregoing and without waiving its objections KUBOTA responds that 15 it discontinued this line of KUBOTA Asbestos Pressure Pipe to the United States market in 16 1975 14 Asbestos 17 d From 1957 to 1975 chemical composition Portland Cement Silica and 18 20 Type of asbestos Crocidolite and Chrysotile Quantitative percentage ofasbestos about 18 e Diameter sizes 4 inches 6 inches 8 inches 10 inches and 12 inches Grey in color Markings consist of the following items subject to the business practice 1 size 2 class pressure 3 brand 4 country of origin made in Japan 5 manufacturing date 6 22 product identification of Asbestos Pressure Pipe f Asbestos Pressure Pipe for conveying fluids g KUBOTA was the manufacturer ofKUBOTA Asbestos Pressure Pipe 26 h KUBOTA purchased refined raw asbestos from Manville via Tokyo Kogyo Boeki Shokai JohnsManville's sole agent in JapanJapan among others 27 /// 28 1/1 S DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 . INTERROGATORY NO 16 Have any of the products listed in Interrogatory been altered in chemical composition or asbestos type or content since first being marketed OF RESPONSE TO INTERROGATORY NO 16 6 the S KUBOTA objects to this interrogatory to the extent that term marketed as used in this interrogatory is vague ambiguous undefined and is subject to various meanings the foregoing and without waiving its objections KUBOTA responds as follows No. Subject to 8 INTERROGATORY NO 17 9 If so please state 10 a The trade name of each such product 11 b = The date each such product was altered 12 c __ the nature of the alteration 13 d The reason for the alteration 14 RESPONSE RESPONSE TIONTERRIOGANTORYTIENTERRRROGOATGORAY TINTOERRORGATOYRY N NOO 1177 KUBOTA objects to this interrogatory to the extent that it contains subparts and is not 16 full and complete in and of itself in violation of California Code of Civil Procedure section 2030 KUBOTA 17 c 5 Subject to the foregoing and without waiving its objections 18 follows Not applicable responds as 19 INTERROGATORY NO 22 20 products Do you have any records which reflect sales of each ofthe identified by you in 21 Interrogatory 15 above for each year said products were sold 22 RI RESPEONSESN POT NST E E TO R O IR NINTTEROGATORY O ERG ROGA ATT ORO Y N NR OOY 2222 23 KUBOTA objects to this interrogatory to the extent that the term sales as used in this 24 interrogatory is vague ambiguous undefined and subject to various meanings is over broad and 25 not reasonably calculated to lead to the discovery of admissible evidence because the 26 interrogatory is not limited sales in the United States Subject to the foregoing and without 27 waiving its objections KUBOTA responds as follows No. 28 6 SET DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES ONE 607796.1 sy, Nee 1 INTERROGATORY NO 23 2 If you answer to the preceding Interrogatory is in the affirmative please state 3 a A description of said records or documents sufficient to permit Plaintiff to 4 describe such documents for purposes of a notice to produce or a motion for production of S documents 6 8 9 10 1110 b The name business address and telephone number employer and job title of the original documents person or persons having present custody of or control over of said RESPONSE TO INTERROGATORY NO 23 KUBOTA objects to this interrogatory to the extent that it contains subparts in violation of California Code of Civil Procedure section 2030 c 5 Subject to the foregoing and without waiving its objections KUBOTA responds as follows Not applicable INTERROGATORY NO 24 13 EE For the period 1930 to the present do you have any written memoranda specifications 14 15 other or written materials of any kind or character exist relating to the testing of the health effects 16 of products identified in Interrogatory 15 above If so please describe with sufficient particularity to satisfy the requirements ofa subpoena duces tecum RESPONSE TO INTERROGATORY NO 24 KUBOTA objects to this interrogatory to the extent that terms specifications and testing of the health effects as used in this interrogatory are vague ambiguous undefined and subject to various meanings and are not reasonably calculated to lead to the discovery of admissible evidence to the extent that it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as follows No not during the time period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY NO 25 22 /// Did you make any design changes as a result of such tests 7 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 asa 1 RESPONSE TO INTERROGATORY NO 25 2 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the 3 discovery of admissible evidence to the extent it seeks information for any period of time other 4 than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA 5 responds as follows No not during the time period of distribution of Asbestos Pressure Pipe to the United States 6 INTERROGATORY NO 26 8 9 10 EE 11 11EE 12 EL 13 14 15 1416 22 If so please state a The nature of the change made the name address and job classification of each person in charge of making a change RESPONSE TO INTERROGATORY NO 26 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the information other discovery of admissible evidence to the extent it seeks for any period of time than 1962 to 1975. Kubota further objects to this interrogatory to the extent that it is not full and compete in and of itself in violation of California Code of Civil Procedure section 2030 c 5 Subject to the foregoing and without waiving its objections KUBOTA responds as follows Not applicable with respect to the time period of distribution of Asbestos Pressure Pipe to the United States _ INITERRONGATORTY IENTERRRROGAOTORGY AINTTERROOGARTORYY NNOO 2 277 Have you at any time published and distributed any brochures sales literature pamphlets or other written materials aside from any caution labels on containers of any kind or character that contain any warnings cautions caveats or directions concerning the possibility of injury resulting from the use of the products listed in Interrogatory 15 above RESPONSE TO INTERROGATORY NO 27 KUBOTA objects to this interrogatory to the extent that the term caveats as used in this 2 interrogatory is vague and ambiguous KUBOTA further objects to this interrogatory to the extent that the terms brochures sales literature pamphlets or other written materials ... ... ... of any kind of character and any warnings caveats or directions are over broad KUBOTA further 8 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 ernt objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as 4 follows As Responding Party ceased the sale of asbestos cement pipe in 1975 and during the 5 ensuing 32 years potentially knowledgeable witnesses have left the employ of the asbestos 6 cement pipe division of Kubota Corporation or have become deceased and through standard interrogatory 7 company record destruction policies potentially responsive documents have been destroyed 8 Responding Party lacks sufficient information and belief to respond to this and on 9 this basis responds No. 10 INTERROGATORY NO 28 11 From 1930 until the present did the asbestos products manufactured or distributed by you 12 contain any warnings cautions caveats or other statements on the product or its packaging 13 RESPONSE TO RESPONSE IINNTTEERRRROOGGAATTOORRYY NNOO 2288 14 +) 15 KUBOTA objects to this interrogatory to the extent that the terms caveats and "other statements are vague ambiguous undefined and subject to various meanings KUBOTA further objects " 16 writings to this interrogatory to the extent that the termsany cautions caveats or other 17 statements are over broad KUBOTA further objects to this interrogatory as it is not reasonably 18 calculated to lead to the discovery of admissible evidence to extent it seeks information for 19 any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its KUBOTA 22 objections responds as follows No not during the time period of distribution of 21 Asbestos Pressure Pipe to the United States 222 INTERROGATORY NO 29 222 24 25 ' 26 27 | so please state a | When did the warning first appear b c when What was the precise wording of the warning when it first appeared Was the warning altered amended or changed in any manner If so how and 28 d Where was the warning located on the product or packaging 9 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 e | When did you become aware of wamings placed on products distributed by other manufacturers or suppliers of asbestos or asbestos containing products f State the manner in which your product is shipped and the type of container in which it is shipped to retailers 5 g State whether any industrial psychologists or human factors engineers were 6 consulted prior to utilizing such warnings cautions etc. RESPONSE TO INTERROGATORY NO 29 6 not KUBOTA objects to this interrogatory to the extent that it contains subparts and is 9 full and complete in and itself in violation of California Code of Civil Procedure Section 2030 10 c 5 KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to 11 the discovery of admissible evidence to the extent it seeks information for any period of time 12 other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA 13 responds as follows No not applicable during the time period of distribution of Asbestos14 Cement Pressure Pipe to the United States 15 INTERROGATORY NO 30 - 16 When did you first receive notice that any person claimed injury as a result of exposure to 17 asbestos or asbestos containing products manufactured and sold by you 18 RESPONSE TO INTERROGATORY NO 30 22222 KUBOTA objects to this interrogatory to the extent that it is burdensome and oppressive 22222 Subject to and without waiver of its objections KUBOTA responds September 1 1980. It 22222 should be noted that KUBOTA is aware of a workers compensation claim that was presented to 22222 the Japanese government involving a former KUBOTA employee who became deceased in 22222 1979. 222 INTERROGATORY NO 31 222 With respect to the claim described in Interrogatory 30 please state 26 a The name and address of the claimant 27 b The date of notice of the claim 28 c A description of the claim i.e. Workers Compensation products liability etc. 10 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 1 d 2 e 3 claim The type of injuries allegedly sustained The name and address of the attorney who represented the individual making such 4 f The style and court number of the claim ifany S g The resolution of the claim 6 RESPONSE TO INTERROGATORY NO 31 7 KUBOTA objects to this interrogatory to the extent it contains subparts in violation oe of California Code of Civil Procedure section 2030 c 5 KUBOTA further objects to Oo interrogatory to the extent that it is burdensome and oppressive Subject to and without waiving waiving 10 of its objections KUBOTA responds as follows a Glover Allen Contra Costa County California 12 b September , 1980 14 c Products liability _ E1E5 d Death allegedly caused by lung cancer and mesothelioma 1616 e , Law Offices of George W. Kilbourne Pleasant Hill California Al en Glen 18 f Walnita Allen individually and as Guardian for JoyJoy Allen and Allen v 19 Manville et al 1919 Superior Court of California Contra Costa County No. 210083 f Settled INTERROGATORY NO 32 Do you have policies of insurance that cover the claims that have been made by Plaintiff herein RESPONSE TO INTERROGATORY NO 32 2 2 1111 /// KUBOTA has policies of insurance for the claims made by plaintiff Chris Webber 11 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 INTERROGATORY NO 33 \ If so please list the names of each insurance carrier with whom you have coverage the amount of such coverage and the dates of such policy 4 RESPONSE TO INTERROGATORY NO 33 S KUBOTA objects to this interrogatory to the extent that it is not full and complete in and 6 of itself in violation of California Code of Civil Procedure section 2030 c 5 Subject to the 7 foregoing and without waiving its objections KUBOTA provides responsive documents 8 containing the requested information attached hereto as Exhibit 9 INTERROGATORY NO 34 10 Please describe in detail the type of packages in which you have sold asbestos material 11 listing the dates such type of package was used a physical description thereof and a description 12 of any printed material or trademark that appeared thereon 13 RESPONSE TO INTERROGATORY NO 34 14 KUBOTA objects to this interrogatory to the extent that the terms packages and 15 asbestos material as used in this interrogatory are vague ambiguous undefined and subject to 16 various meanings KUBOTA further objects to this interrogatory to the extent that it assumes 17 Asbestos facts not in evidence specifically that KUBOTA 18 Pressure Pipe was sold in as packages Subject to the foregoing and without waiving its objections KUBOTA responds 19 follows Not applicable 20 INTERROGATORY NO 35 21 For the period 1930 to January 1 1978 did you receive any reports or communications 22 from your Workers Compensation insurance carrier or products liability insurance carrier with 23 regard to the hazards incident to use of asbestos containing products If so please state who had 24 possession of said reports the location of said reports and the substance of the contents of said 25 reports listing for each such report the respective insurance company its address and the agent 26 signing such correspondence 22 III 28 12 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 RESPONSE TO INTERROGATORY NO 35 KUBOTA objects to this interrogatory to the extent that it assumes facts not in evidence 3 specifically that KUBOTA had a Workers Compensation insurance carrier or a products 4 liability carrier during the period 1930 to January , 1978. KUBOTA further objects to products 5 interrogatory to the extent that it requests information subject to the attorney privilege and 6 attorney produce privilege KUBOTA further objects to this interrogatory as it is not foregoingseeks 7 reasonably calculated to lead to the discovery of admissible evidence to the extent it 8 information for any period of time other than 1962 to 1975. Subject to the and 9 without waiving its objections KUBOTA responds as follows No not during the time period of 10 distribution of Asbestos Pressure Pipe to the United States 11 INTERROGATORY NO 36 12 Have you imported asbestos or asbestos materials since 1930 13 RESPONSE TO INTERROGATORY NO 36 14 KUBOTA objects to this interrogatory to the extent that the term imported as used in 15 this interrogatory and as applicable to KUBOTA is not reasonably calculated to lead to the 16 discovery of admissible evidence because KUBOTA is located in Japan so if it imported any 17 asbestos or asbestos materials it would be into JapanJapan KUBOTA further objects to this 18 interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the 19 extent it seeks information for any period of time other than 1962 to 1975. Finally 22 KUBOTA objects to this interrogatory to the extent that the term asbestos materials are vague 21 ambiguous and undefined Subject to the foregoing and without waiving its objections 23 KUBOTA responds as follows No KUBOTA did not import raw asbestos fiber during the time Pipe period of distribution of Asbestos Pressure 24 INTERROGATORY NO 37 to the United States 222 If the answer to the preceding Interrogatory is in the affirmative please state 222 a From where the asbestos or asbestos materials were imported 222 b How long you have imported asbestos or asbestos materials 13 | DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 a @ i a Senate x | c Whether you have supplied this imported asbestos or asbestos materials to any of 2 the other defendants since 1945 when these transactions took place and where 3 directions d Whether any warnings cautions caveats or referred to in subpart c above and the date these first appeared accompanied the materials S RESPONSE TO INTERROGATORY NO 37 7 8 Bs 1 11 1212 13 14 KUBOTA objects to this interrogatory to the extent that the term imported as used in this interrogatory and as applicable to KUBOTA is not reasonably calculated to lead to the discovery of admissible evidence because KUBOTA is located in Japan so if it imported any asbestos or asbestos materials it would be into Japan KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Objection is made to the extent that the terms asbestos material are vague ambiguous and undefined and to the extent that this interrogatory contains subparts in violation of California Code of Civil Procedure section 2030 c 5 Subject to the foregoing and without waiving its objections KUBOTA responds as follows Not applicable INTERROGATORY NO 38 If you have discontinued manufacturing and selling any asbestos products please state the reason or reasons therefore RESPONSE TO INTERROGATORY NO 38 15 Pressure KUBOTA stopped manufacture of its Asbestos Pipe to the United States in 1975 because the demand substantially diminished due to the development of 22 alternative new products that performed and sold better In addition KUBOTA first learned of asbestos related hazards regarding cancer shortly before promulgation of 1975 regulations controlling 24 asbestos use and that knowledge also prompted KUBOTA to discontinue production 25 its Asbestos Pressure Pipe 27/11 27/11 28 /// 14 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 : 1 INTERROGATORY NO 39 2 Have any other manufacturers or suppliers of asbestos or asbestos containing products 3 ever furnished you with information as to the state of medical knowledge regarding the 4 connection between asbestos exposure and the contracting of cancer or asbestosis 5 RESPONSE TO INTERROGATORY NO 39 6 Oo 9 1010 12 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. KUBOTA further objects to this interrogatory to the extent that it contains subpartsin violation of California Code of Civil Procedure section 2030 c 5 Subject to the foregoing and without waiving its objections KUBOTA responds as follows With respect to the time period of distribution of Asbestos Pressure Pipe to the United States not that KUBOTA is aware of 13 INTERROGATORY NO 40 EE 14 EE 15 1616 18 If the answer to the preceding Interrogatory is in the affirmative please state a What information was furnished to you b The date the information was furnished to you c names of all parties who furnished the information to you . RESPONSE TO INTERROGATORY NO 40 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the 222 28 discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. KUBOTA further objects to this interrogatory to the extent that it contains subparts in violation of California Code of Civil Procedure section 2030 c 5 Subject to the objections foregoing and without waiving its KUBOTA responds as follows Not applicable with respect to the time period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY NO 41 Have any manufacturers or suppliers of asbestos or asbestos containing products furnished to you or have you furnished any other manufacturers or suppliers of asbestos or 15 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S 607796.1 STANDARD INTERROGATORIES SET ONE @> asbestos containing products the results of any research tests medical studies or experiments 2 regarding the state of the medical knowledge as to the connections between asbestos exposure 3 and the contracting of cancer or asbestosis since 1930 4 RESPONSE TO INTERROGATORY NO 41 5 KUBOTA objects to this interrogatory to the extent that it contains subparts and is 6 compound in violation of California Code of Civil Procedure section 2030 c 5 KUBOTA 7 further objects to this interrogatory to the extent that it assumes facts not in evidence 8 specifically that KUBOTA had at any time in its possession or control the results of any 9 research tests medical studies or experiments as described in this interrogatory KUBOTA 10 further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of 11 admissible evidence to the extent it seeks information for any period of time other than 1962 to 12 1975 and to the extent the interrogatory is unintelligible Subject to the foregoing and without 13 waiving its objections KUBOTA responds as follows No not during the time period of 14 distribution of Asbestos Pressure Pipe to the United States 15 INTERROGATORY NO 42 If 16 ' the answer to the preceding Interrogatory is in the affirmative please state 17 a When each took place 18 b = Who participated in each 19 c A summary of the content of each document or communication RESPONSE TO INTERROGATORY NO 42 21 KUBOTA objects to this interrogatory to the extent that it contains subparts in violation 22 of California Code of Civil Procedure section 2030 c 5 KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to 24 the extent it seeks information for any period of time other than 1962 to 1975. Subject to the 25 foregoing and without waiving its objections KUBOTA responds as follows Not applicable 26 with respect to the time period of distribution of Asbestos Pressure Pipe to the United 27 States {| 28 11 16 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 60796.1 1 INTERROGATORY NO 43 2 Have you ever conducted or sponsored or contributed financially to any studies or 3 research to determine if the inhalation of asbestos fibers may be harmful If so please state 4 a By whom the research was conducted giving complete names and addresses 5 b The dates that each such test was conducted 6 c The complete results of each test or study = 7 d Whether you will supply copies of reports of the research department pertaining 8 to the use of the corporation of asbestos and their manufactured insulation products without the 9 necessity of a formal notice to produce or motion to produce documents and if so please 10 Interrogatories 10 attached said copies to your answers to EE RESPONSE TO INTERROGATORY NO 43 12 KUBOTA objects to this interrogatory to the extent that it contains subparts in violation 5 1133 of California Code of Civil Procedure section 2030 c KUBOTA further objects to this 14 interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to 14 Subject the extent it seeks information for any period of time other than 1962 to 1975. to the foregoing and without waiving its objections KUBOTA responds as follows No not during the time period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY INTERROGATORY INTERROGATORY INTERROGATORY NNOO 4 444 State the names and addresses of your chief medical officers from 1930 until the present 16 time listing the periods of time each such medical officer was employed by you and in what capacity RESPONSE TO INTERROGATORY NO 44 KUBOTA objects to this interrogatory to the extent that the terms chief medical 222 officers is vague ambiguous undefined and subject to various meanings KUBOTA further calculated 222 objects to this interrogatory as it is not reasonably to lead to the discovery of 26 admissible evidence to the extent it seeks information for any period of time other than 1962 to 22 1975 28 111 17 SET ONE DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES 607796.1 Nea 1 Subject to the foregoing and without waiving its objections KUBOTA responds as 2 follows KUBOTA cannot ascertain whether it employed a chief medical officer during the wD period 1962-1975 4 INTERROGATORY NO 45 S Name the person in the corporate structure to whom the chief medical officer reports 6 also giving that person's position or job title in the corporation 7 RESPONSE TO INTERROGATORY NO 45 8 KUBOKUBOTA oT bjeA cts to this interrogatory to the extent that the terms chief medical 9 officers and reports or reported are vague ambiguous undefined and subject to various 10 10 meanings KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections . 13 KUBOTA responds as follows Unknown INTERROGATORY NO 46 14 Please state the duties and responsibilities of the corporation's chief medical officer RESPONSE TO INTERROGATORY NO 46 22 KUBOTA objects to this interrogatory to the extent that the terms chief medical officer is vague ambiguous undefined and subject to various meanings KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975 Subject to the foregoing and without waiving its objections KUBOTA responds as follows Unknown INTERROGATORY NO 47 Please state the names and addresses of all physicians who were 25 employed retained or for 26 otherwise engaged by you at any of your facilities from the year 1930 until the present time the purposes of evaluating diagnosing or treating pulmonary complaints or problems in past 22 present or prospective employees 28 /// 18 INTERROGATORIES DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S . 607796.1 STANDARD SET ONE Scot fi> 1 RESPONSE TO INTERROGATORY NO 47 2 3 4 5 7 8 9 10 KUBOTA objects to this interrogatory to the extent that it assumes facts not in evidence specifically that KUBOTA employees had pulmonary complaints of problems KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Objection is also made to the extent that this interrogatory assumes facts not in evidence specifically that KUBOTA employees had pulmonary complaints or problems and that physicians were employed for the purpose of evaluating diagnosing or treating pulmonary complaints or problems Subject to the foregoing and without waiving its objections KUBOTA responds as follows KUBOTA employed Dr. Kenro Suga deceased from 1971 to 1982 to manage KUBOTA's health clinic Dr. Suga was not employed by KUBOTA for the specific purpose of evaluating diagnosing or treating pulmonary complaints or problems if any there were in KUBOTA employees INTERROGATORY NO 48 Please state the names and addresses of all persons employed by you from 1930 through 14 January 1 1978 who functioned as industrial hygienists As contemplated by these Interrogatories an industrial hygienist is one that performs engineering health studies to 10 identify and evaluate potential occupational health hazards suggests methods of 1198 dealing with same With respect to each person employed by you as an industrial hygienist please state " a The facility or office to which such was assigned 21 b His or her complete and precise duties and responsibilities RESPONSE TO INTERROGATORY NO 48 10 26 KUBOTA objects to this interrogatory to the extent that it contains subparts in violations of California Code of Civil Procedure section 2030 c 5 KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the 28 foregoing and without waiving its objections KUBOTA responds as follows Not applicable 19 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 KUBOTA did not employ or retain an industrial hygienist during the time period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY NO 49 Did your medical officers physicians or industrial hygienists at any time ever make any recommendations and suggestions or you pertaining to the risks or hazards to persons 6 involved in the manufacturing or use of insulation products containing asbestos If so please 7 state - 8 a Where the recommendations were made 9 b To whom they were made 10 c By whom they were made . 11 d The substance of such recommendation 12 RESPONSE TO INTERROGATORY NO 49 extent 13 KUBOTA objects to this interrogatory to the that it contains subparts in violation 14 of California Code of Civil Procedure section 2030 c 5 KUBOTA further objects to this 15 interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the 16 the extent it seeks information for any period of time other than 1962 to 1975. Subject to 17 foregoing and without waiving its objections KUBOTA responds as follows No not during 18 the time period of distribution of Asbestos Pressure Pipe the United States 19 INTERROGATORY NO 50 20 to Please state the names of trade association periodicals which you subscribed from 2 during said 1928 to January 1 1978. State whether or not 2 period you had any knowledge of any articles being printed in industry trade journals essays memoranda and other similar sources 23 pertaining to the hazardous potentials of asbestos and please further state which of such articles 222 were received by you 222 RESPONSE TO INTERROGATORY NO 50 26 KUBOTA objects to this interrogatory to the extent that it is compound in violation of 27 California Code of Civil Procedure section 2030 c 5 KUBOTA further objects to this 28 interrogatory to the extent that the term trade association periodicals as 20 used in this DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 arena fi) Ne 1 interrogatory is vague ambiguous undefined and subject to various meanings KUBOTA 2 further objects to this interrogatory to the extent that industry trade journals essays 3 memoranda and other similar sources are over broad KUBOTA further objects to this 4 interrogatory as it is burdensome and oppressive and not reasonably calculated to lead to the 5 discovery of admissible evidence to the extent it seeks information for any period of time other 7 than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA . responds as follows Subject to the foregoing and without waiving its objections KUBOTA 8 responds as follows KUBOTA has conducted a reasonable search of its libraries and can find no 9 articles being printed in industry trade journals essays memoranda and other similar sources 10 pertaining to the hazardous potentials of asbestos existing during the years 1962 to 1975 11 INTERROGATORY NO 51 13 14 Name those organizations groups company or industrial organizations their committees or subcommittees to which you belong which conducted studies or researched relationships if any between exposure to asbestos fibers or products and asbestos and lung 1516 17 18 cancer from 1945 to 1970 and the years of your membership RESPONSE TO INTERROGATORY NO 51 KUBOTA objects to this interrogatory to the extent that it calls for speculation is over broad and seeks information neither relevant to the subject matter this litigation or reasonably calculated to lead to the discovery of admissible evidence KUBOTA further objects to this interrogatory as it is burdensome and oppressive and not reasonably calculated to lead to the other discovery of admissible evidence to the extent it seeks information for any period of time than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as follows KUBOTA did not belong to any organizations or groups as described in this interrogatory during the time period of distribution of Asbestos Pressure Pipe to the United States 10 /// /// 21 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 INTERROGATORY NO 52 Have you received copies of transcribed minutes of the various committee meetings subcommittee meetings general meetings and Board of Director meetings of any organization 4 listed in Answer to Interrogatory 51 within one year of such meetings 65 RESPONSE TO INTERROGATORY NO 52 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other KUBOTA 8 than 1962 to 1975. Subject to the foregoing and without waving its objections 9 responds as follows Not applicable during the time period of distribution of Asbestos 10 Pressure Pipe to the United States There are no organizations listed in KUBOTA's response to 11 Interrogatory No. 51 12 INTERROGATORY NO 53 13 Please state the amounts you have spent or contributed annually from 1930 until January 14 1 1978 for research specifically directed to the relationship if any between an exposure to 15 asbestos containing products and mesothelic asbestosis lung cancer or any other pulmonary 16 disease 17 18 19 20 - 21 22 23 24 25 26 27 28 RESPONSE TO INTERROGATORY NO 53 - KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as follows Zero during the time period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY NO 54 Please state the amount you have annually contributed through January 1 1978 to any independent medical research group or groups conducting research into the relationship if any between exposure of those employees who work with asbestos containing products to asbestos and any pulmonary disease 22 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 m= RESPONSE TO INTERROGATORY NO 54 2 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the other 3 discovery of admissible evidence to the extent it seeks information for any period of time 4 than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA 5 responds as follows Zero during the time period of distribution of Asbestos Pressure 6 Pipe to the United States 7 INTERROGATORY NO 55 8 Please state the names and addresses of the Organizations or groups conducting the 9 studies referred to in your answer to Interrogatories 53 and 54 above 10 RESPONSE TO INTERROGATORY NO 55 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other 1144 the than 1962 to 1975. Subject to foregoing and without waiving its objections KUBOTA responds as follows Not applicable There are no studies referred to in KUBOTA's responses to Interrogatory No. 53 and 54 above 1616 INTERROGATORY NO 56 Have you had a department division or section devoted to scientific and medical 19 research during the period from 1930 until January , 1978 when it was first formed so please state its title and RESPONSE TO INTERROGATORY NO 56 KUBOTA objects to this interrogatory to the extent that it is compound in violation of California Code of Civil Procedure section 2030 KUBOTA further objects to this interrogatory to the extent that the term scientific as used in this interrogatory is over broad vague ambiguous undefined and subject to various meanings KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975 and to the extent that it seeks information for scientific research unrelated to KUBOTA's Asbestos 14 without Pressure Pipe Subject to the foregoing and waiving its objections KUBOTA responds DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 ay as follows KUBOTA did not have a medical department or industrial hygiene division between 2 1962 and 1975. It did have an engineering research and development department regarding its 3 products 4 INTERROGATORY NO 57 5 Please state the scientific or medical periodicals to which you your medical department 6 or industrial hygiene division subscribed during the period between 1930 and 1964 specifying 7 the date such subscription were begun 8 RESPONSE TO INTERROGATORY NO 57 9 KUBOTA objects to this interrogatory to the extent that the term scientific as used in 10 this interrogatory is over broad vague ambiguous undefined and subject to various meanings 11 KUBOTA further objects to this interrogatory to the extent that it assumes facts not in evidence 12 specifically that KUBOTA had a medical department or industrial hygiene division during the objects 13 period between 1930 and 1964. KUBOTA further to this interrogatory on the grounds 14 that it is burdensome and oppressive and seeks information which is neither relevant to the 15 subject matter of this litigation nor reasonably calculated to lead to the discovery of admissible 16 evidence Subject to the foregoing and without waiving its objections KUBOTA responds as 17 follows KUBOTA did not have a medical department or industrial hygiene division between 18 1930 and 1964 19 INTERROGATORY NO 58 20 Please state whether any of your asbestos containing products were provided with any special instructions oral or written in regard to utilizing said products in a manner so as to avoid exposing workers to amounts of dust exceeding threshold limit values If so state a When these instructions were given b By whom these instructions were given c Whether the instructions were oral or written d The precise content of the instructions e /// If the instructions were written please attach a copy of the instruction 24 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 gait RESPONSE TO INTERROGATORY NO 58 KUBOTA objects to this interrogatory to the extent that it contains subparts in violation of California Code of Civil Procedure section 2030 KUBOTA further objects to this 4 interrogatory to the extent that the terms special instructions and threshold limit values as 5 used in this interrogatory are vague ambiguous undefined and subject to various meanings 6 KUBOTA further objects to this interrogatory to the extent that it assumes facts not in evidence 7 specifically that utilizing KUBOTA Asbestos Pressure Pipe would expose workers to 8 amounts ofdust KUBOTA further objects to this interrogatory as it is not reasonably calculated evidence 9 to lead to the discovery of admissible to the extent it seeks information for any period 10 of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections 11 KUBOTA responds as follows As KUBOTA ceased the sale of asbestos cement pipe in 1975 12 and during the ensuing 32 years potentially knowledgeable witnesses have left the employ of the 13 asbestos cement pipe division of Kubota Corporation or have become deceased and through 14 standard company record destruction policies potentially responsive documents have been 15 destroyed KUBOTA lacks sufficient information and belief to respond to this interrogatory and 16 on this basis cannot respond In addition at the deposition of former VOSS employee Randall 17 Waters Plaintiff received a copy of a Kubota brochure In it one of the photos shows a 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 21 conversation between Voss and KUBOTA So this basis Yes | INTERROGATORY NO 59 IINTERN ROGATORY TERROGATOR 59 5Y 9 Did any representatives of yours attend the 20th annual meeting of the IHF in November 222222 1953 in Pittsburgh Pennsylvania If so give the name and current address of each such 222222 attendee 222222 I RESN POT NSEE TTR OO IINTR ERNROGATOTRY I O ENRTE G RRORGA OG AATT TOORRO YY NNR OOY 5599 222222 KUBOTA objects to this interrogatory to the extent that it is compound in violation of ee California Code of Civil Procedure section 2030 KUBOTA further objects to this 25 SET DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES ONE 607796.1 on @> 1 interrogatory to the extent that the term IHF as used in this interrogatory is vague ambiguous undefined and unintelligible Subject to the foregoing and without waiving its objections 3 KUBOTA responds as follows No. ek INTERROGATORY NO 60 5 6 8 9 10 10 Have you received any copy or copies of the Industrial Hygiene Digest published monthly by the IHF and if so state the date of initial receipt of such publication RESPONSE TO INTERROGATONROY 60 - KUBOTA objects to this interrogatory to the extent that it is compound in violation of objects California Code of Civil Procedure section 2030 KUBOTA further to this interrogatory to the extent that the term IHF as used in this interrogatory is vague ambiguous undefined and unintelligible Subject to the foregoing and without waiving its objections KUBOTA responds as follows No. INTERROGATORY NO 61 INTERROGATORY Have you ever requested IHF officials to 15 a Perform a search of the medical literature to determine whether any scientists of doctors were reporting cases of asbestosis and lung cancer in ship workers mechanics or 17 18 others working with or exposed to asbestos containing products or discussing the potential hazards incident to use of asbestos containing products a b Perform any studies or research into potential health hazards incident to the use asbestos containing products c Review of governmental publications of Great Britain for determining whether research was being conducted by the British government into any potential health hazards 20 incident to the use of insulation products containing asbestos . d Review governmental publications of Great Britain to determine whether the Chief Inspector of Factories or any other British government agency had issued any regulations or published any findings relative to potential health hazards incident to the use of insulation 28 products containing asbestos Hf 26 SET ONE DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES 607796.1 Y 1 RESPONSE TO INTERROGATORYINTERROGATORY NO 61 2 KUBOTA objects to this interrogatory to the extent that the term IHF as used in this 3 interrogatory is vague ambiguous undefined and unintelligible KUBOTA further objects to 4 this interrogatory to the extent that it contains subparts in violation of California Code of S Civil Procedure section 2030 Subject to the foregoing and without waiving its objections 6 KUBOTA responds as follows 7 a No. - 8 b No. 9 c No. d No. 1011 INTERROGATORY NO 62 Did you at any time prior to January 1 1980 warn any labor union representing ship workers mechanics or others working with or exposed to asbestos containing products of any 12 potential health hazard from the use of insulation products containing asbestos 15 RESPONSE TO INTERROGATORY NO 62 KUBOTA 16 objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as follows No not during the time period of distribution of Asbestos Pressure Pipe to the United States . IINN TT ERERR OGRAO TINTG OERRORGA ATOYRYT NNO OOR 66Y 33 22 28 In the answer to the preceding interrogatory is in the affirmative please state a The name of the union b How said union was informed c The date and place ofsaid information or warnings d The content and nature of said warning e = The individual or individuals warned 1 RESPONSE TO INTERROGATORY NO 63 2 KUBOTA objects to this interrogatory to the extent that it contains subparts in violation 3 of California Code of Civil Procedure section 2030 KUBOTA further objects to this 4 interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to 5 the extent it seeks information for any period of time other than 1962 to 1975. Subject to the 6 foregoing and without waiving its objections KUBOTA responds as follows Not applicable 7 during the time period of distribution of Asbestos Pressure Pipe to the United States 8 INTERROGATORY NO 64 9 10 10 11 13 1515 17 18 18 State the name of all persons who have acted in the capacity of medical librarian for you from 1930 to January 1 1978 give their current address telephone number and current position with the company RESPONSE TO INTERROGATORY NO.64 ' extent KUBOTA objects to this interrogatory to the that the terms medical librarian is vague ambiguous undefined and subject to various meanings KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as follows No person acted in the capacity of medical librarian for KUBOTA during the time period of distribution of | Asbestos Pressure Pipe to the United States INTERROGATORY NO 65 . State whether you ever subscribed to or received copies of the Asbestos Worker magazine and state the years ofsubscription or receipt of this magazine RESPONSE TO INTERROGATORY NO 65 2 3 KUBOTA objects to this interrogatory to the extent that it is compound in violation of California Code of Civil Procedure section 2030 KUBOTA further objects to this 27 interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to 28 the extent it seeks information for any period of time other than 1962 to 1975. Subject to the 28 KUBOTA CORPORATION'S DEFENDANT RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 . Pag? a, 5 Saczape foregoing and without waiving its objections KUBOTA responds as follows KUBOTA 2 believes it did not subscribe to receive or review copies of the Asbestos Worker magazine 3 during the time period of distribution of Asbestos Pressure Pipe to the United States 4 INTERROGATORY NO 66 5 Please state whether you subscribe to the Asbestos magazine and list the inclusive dates 6 of your subscription 7 RESPONSE TO INTERROGATORY NO 66 9 KUBOTA objects to this interrogatory to the extent that it is compound in violation of 10 California Code of Civil Procedure section 2030 KUBOTA further objects to this 11 interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to 12 the extent it seeks information for any period of time other than 1962 to 1975. Subject to the 13 foregoing and without waiving its objections KUBOTA responds as follows KUBOTA 14 believes it did not subscribe to receive or review copies of the Asbestos magazine during the 15 time period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY NO 67 16 17 Please identify all booklets manuals journals and all publications directed from you 18 prior to January , 1980 to customers and users of all asbestos containing products and the dates 19 said information was forwarded regarding the proper use and application of your asbestos 20 containing products 21 RESPONSE TO INTERROGATORY NO 67 22 23 KUBOTA objects to this interrogatory to the extent that it is compound in violation of 24 California Code of Civil Procedure section 2030 KUBOTA also objects to the phrase 25 directed from you as vague and ambiguous KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the extent it 26 time seeks information for any period of 27 other than 1962 to 1975. Subject to the foregoing and KUBOTA without waiving its objections KUBOTA responds as follows 28 is aware of a Voss- 29 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S.STANDARDPLAINTIFF'S.STANDARD INTERROGATORIES SET ONE 607796.1 Kubota catalog regarding Asbestos Pressure Pipe but does not know whether it was 2 directed from KUBOTA KUBOTA is informed and believes that propounding party is in 3 possession of the aforementioned catalog 4 INTERROGATORY NO 68 6 Please describe and identify all tests and experiments conducted by you prior to JanuaryJanuary 1 1980 to determine whether or not asbestos fibers contained within your asbestos containing 7 8 products would become airborne upon their being applied by asbestos workers or helpers Please 9 of state the dates of all tests and experiments the results and conclusions each test and 10 experiment 11 RESPONSE TO INTERROGATORY NO 68 12 KUBOTA objects to this interrogatory the extent that it is compound in violation of 13 California Code of Civil Procedure section 2030 KUBOTA objects to this interrogatory as 14 vague and ambiguous as to become airborne and applied by asbestos workers or helpers 15 KUBOTA further objects to this interrogatory as it is not reasonably calculated to lead to the 16 | discovery of admissible evidence to the extent it seeks information for any period of time other 17 than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA 18 responds as follows Not applicable during the time period of distribution of Asbestos 19 Pressure Pipe to the United States 20 INTERROGATORY NO 69 . 21 At any time prior to 1964 were any tests or studies conducted or sponsored by you to 22 determine 2 a The level of dust or fiber concentrations incident to 2 25 @ Cutting or sawing your insulation products containing asbestos 222 ii In placing the product on 1 pipes 2 boilers 222 iii Tearing down the product during repair and maintenance functions 28 _ iv Mixing asbestos containing products 30 INTERROGATORIES SET ONE DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD 607796.1 : 1 b Whether long term 20 years or more exposure to insulation products containing 2 % asbestos or less for work periods less than 8 hours a day both indoors and outdoors which 3 resulted in the liberation of asbestos dust or fiber below 5 million particle per cubic foot mppcf 4 5 might cause asbestosis or expose such worker to an increased statistical risk of contracting 6 ( Bronchogenic cancer 7 ii Mesothelioma plural or peritoneal 8 iii Gastrointestinal cancer 9 RESPONSE TO INTERROGATORY NO 69 10 KUBOTA objects to this interrogatory to the extent that it is compound in violation of of 11 California Code Civil Procedure section 2030 Subject to the foregoing and without 12 waiving its objections KUBOTA responds as follows | 13 a No. 14 * a ii No. 15 a iii No. 16 a iv No. 17 b i No. 18 b ii No. - b iii No. 22 : INTERROGATORY NO 70 State the date and the source from which you received your first notice and awareness of TLV's pertaining to the concentration of airbome asbestos fibers RI RESPONESE SN PREOST NPOSNSE EE TTR OO IR NTO ERG ROGA ATT ORO YNN R OOY 7700 KUBOTA objects to this interrogatory to the extent that the term TLV's is vague ambiguous undefined and unintelligible in the context of this interrogatory Subject to the foregoing and without waiving its objections KUBOTA responds as follows Shortly before 31 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 promulgation of Japanese Ordinances on Prevention of Hazards caused by Specified Chemical Substances of 1971 INTERROGATORY NO 71 Between 1930 and 1978 did you hear from any source ofan alleged association between 5 asbestos exposure and the development of cancer asbestosis and pulmonary disease 6 RESPONSE TO INTERROGATORY NO 71 7 8 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the 9 discovery of admissible evidence to the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA 10 , responds as follows Yes 11 INTERROGATORY NO 72 12 of 13 State when your knowledge as to the alleged association between the inhalation 14 asbestos fibers and contraction of cancer and asbestosis was first acquired and state the source of 15 that information 16 RESPONSE TO INTERROGATORY NO 72 17 KUBOTA objects to this interrogatory to the extent that it is compound in violation of 18 to California Code of Civil Procedure section 2030 Subject the foregoing and without 19 20 waiving its objections KUBOTA responds as follows Through the passage of time the 22 retirement and demise of its employees KUBOTA is unable to completely respond to the 22 interrogatory but shortly before its enactment KUBOTA became aware of a 1960 Japanese 23 Pneumoconiosis Act that addressed pneumoconiosis and asbestosis resulting from long term 24 exposures to asbestos at manufacturing facilities but not lung cancer or mesothelioma 25 } 26 KUBOTA believes it first learned of asbestos related cancer and mesothelioma hazards shortly before promulgation of the 1975 Japanese Ordinance on Prevention of Hazards Caused by 27 Specified Chemical Substances 28 32 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE . 607796.1 INTERROGATORY NO 73 Do you subscribe to the United States Public Health Bulletin Service If so please state the date when you first so subscribed to the Public Health Service Bulletin RESPONSE TO INTERROGATORY NO 73 KUBOTA objects to this interrogatory to the extent that it is compound in violation of 6 7 California Code of Civil Procedure section 2030 KUBOTA further objects to this the interrogatory as it is not reasonably calculated to lead to 8 discovery of admissible evidence to 9 the extent it seeks information for any period of time other than 1962 to 1975. Subject to the foregoing and without waiving its objections KUBOTA responds as follows No not currently 10 11 and not during the period of distribution of Asbestos Pressure Pipe to the United States INTERROGATORY NO 74 12 13 Please state the date when if ever you first notified your employees working in your 14 manufacturing plants and factories as to the need to wear and use respirators 15 RESPONSE TO INTERROGATORY NO 74 16 KUBOTA objects to this interrogatory as it is not reasonably calculated to lead to the 17 discovery of admissible evidence to the extent it seeks information for any period of time other 18 than 1962 to 1975. KUBOTA further objects to the word respirators as vague and ambiguous 19 Subject to the foregoing and without waiving its objections KUBOTA responds as follows 20 Through the passage of time the retirement and demise of its employees and through standard 21 company destruction policies potentially responsive documents have been destroyed therefore unable employees 22 KUBOTA is to respond to the interrogatory but believes it first notified its 23 working in its manufacturing plants and factories as to the need to use and wear respiratory 24 | protectioin 1962 25 INTERROGATORY NO 75 26 Please state the date when you first notified asbestos workers applying your asbestos 27 insulation products as to the need to wear and use respirators 28 33 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 RESPONSE TO INTERROGATORY NO 75 2 KUBOTA objects to this interrogatory to the extent that the term applying as used in 3 this interrogatory is vague ambiguous undefined and subject to various meanings KUBOTA 4 also objects to the word respirators as vague and ambiguous KUBOTA further objects to this 6 extent interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to the it seeks information for any period of time other than 1962 to 1975. Subject to the 7 foregoing and without waiving its objections KUBOTA as follows Not applicable 8 with respect to the time period of distribution of Asbestos Pressure Pipe to the United 9 States 10 INTERROGATORY NO 76 11 Have you ever published bulletins warning your employees concerning the hazards of 12 describe inhaling asbestos and coming into contact with your asbestos containing products If so 13 sufficiently for purposes of a notice to produce all such bulletins 14 i a RESPONSE TO INTERROGATORY NO 76 15 16 KUBOTA objects to this interrogatory to the extent that it is compound in violation of California 17 Code of Civil Procedure section 2030 c 5 and objectionable as to the word bulletins California 18 vague and ambiguous KUBOTA further objects to this interrogatory as it is not reasonably 19 calculated to lead to the discovery of admissible evidence to the extent it seeks information for its 20 any period of time other than 1962 to 1975. Subject to the foregoing and without waiving 21 objections KUBOTA responds as follows Through the passage of time the retirement and 22 23 demise of its employees KUBOTA has been unable to acquire complete information but based 24 on current information Yes Labor Safety and Hygiene Monthly Report July 1962 25 26 /// 27 fil 28 34 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 1 INTERROGATORY NO 77 2 Have any of your officers agents servants or employees ever testified before any 3 governmental body regarding the possible harmful effects of asbestos exposure If so please 4 state S | a When and where such testimony was given 6 b summary of said testimony 7 c If said testimony was recorded and if so attach a copy to the answer to these 9 interrogatories 10 RESPONSE TO INTERROGATORY NO 77 11 KUBOTA objects to this interrogatory to the extent that it contains subparts in violation 12 13 of California Code of Civil Procedure section 2030 c 5 KUBOTA objects to this ) interrogatory as it is not reasonably calculated to lead to the discovery of admissible evidence to eget 15 . the extent it seeks information for any period of time other than 1962 to 1975. Subject to the 1716 1819 foregoing and without waiving its objections KUBOTA responds as follows No not during . the time period of distribution of Asbestos Pressure Pipe to the United States Dated November 2007 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP . 20 By O- Howard L. Halm Aide C. Ontiveros 25 Attorneys for Defendant KUBOTA CORPORATION 22 35 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES SET ONE 607796.1 1 VERIFICATION 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES 3 I have read the foregoing DEFENDANT KUBOTA CORPORATION'S RESPONSES 4 TO PLAINTIFF'S STANDARD INTERROGATORIES SET NO ONE ) and know its | S contents this 6 am Kunio Suwa Legal Department for KUBOTA CORPORATION a party to 8 action entitled Chris Webber v A.~.Voss || et al LASC Case No. BC 368967 and am authorized to make this verification for and on its behalf and I make this verification for that reason I am 9 10 informed and believe and on that ground allege that the matters stated in the foregoing document are 11 true 12 Executed on Novem 20b20e 07rat Osaka Japan . 13 I declare under the penalty of perjury under the laws of the State of California that the 14 foregoinigs trueand correct . 16 | 17 | 18- |} 19 | _ 20 | : 21 22 3 2 I 2| | 26 0; 36 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIESSET ONE 607796.1 PROOF OF SERVICE 1013a CCP STATE OF CALIFORNIA COUNTY OF LOS ANGELES age I am employed in the County of Los Angeles State of California I am over the and not a party to the within action my business address is 555 South Flower Street 29th of 18 Floor Los Angeles California 90071 On November 20 2007 I caused the foregoing document described as DEFENDANT KUBOTA CORPORATION'S RESPONSES / PLAINTIFF'S STANDARD INTERROGATORIES PROPOUNDED TO DEFENDANT KUBOTA CORPORATION INDIVIDUALLY AND AS SUCCESSOR TO KUBOTA IRON AND MACHINERY WORKS AND KUBOTA AMERICA to be served on the interested parties in this action : SEE ATTACHED SERVICE LIST XX By placing X the true copy [ the original thereof enclosed in sealed envelopes addressed as follows XX BY MAIL I caused such envelope fully prepaid to be placed in the United States 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 deposited with the U.S. postal service on that same day with postage thereon fully 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 postage meter date is more than one day after date of deposit for mailing in affidavit 0 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 200 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 XX BY FACSIMILE I caused said document to be telephonically transmitted to each addressee's telecopier Fax number as noted Said service shall be deemed personal service pursuant to the Court's Trial Setting Order dated 10/24/07 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 562615.1 Karina Ramirez PROOF OF SERVICE 2 3 4 S 6 8 9 10 12 13 14 15 16 17 18 19 22 21 232 232 232 25 26 27 28 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 Austin TX 78701 415 646-7160 Telephone 415 981-1270 Facsimile Attorneys for Plaintiff CHRIS WEBBER 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 Joanna MacQueen Esq JACKSON & WALLACE Suite 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 Privileged and Confidential " fl Res>ponse to Standard Interrogatory Howard L. Halm ... L No.>44 498 Aide C. Ontiveros ... LN>o.169629 WILSON ELSER , MOSKOWITZ EDELMAN & DICKER LLP Los Angeles California LKUBOTA CORPORATION ... L> Randall K. Bernard fi ... L No.>1 81522 WILSON ELSER , MOSKOWITZ EDELMAN & DICKER LLP San Francisco California LKUBOTA CORPORATION ...""L> " ' L" > >... ,, ... ,, CHRIS WEBBER / " ' L ener fl A.H. VOSS fi , 1 L ' 300 L LL Case No BC 368967 L : : 2L 0 07 <13</James C Chalfant , L KUBOTA CORPORATION > ' / ': 2 / 0 07 " : " CHRIS WEBBE " R > " : LKUBOTA CORPORATION No. 1 LKUBOTA CORPORATION Lfl Kubota Corporation fl fl "" " " Kubota Iron and Machinery Works Kubota America "" , " , " " ... Privileged and Confidential " L> L> >" L L" KL UBOTA CORPORATION fl L " " / " fl-" fl "fl L fl " " KU BOTA CORPORATION ' " L... /" , > " ' KUBOTA CORPORATION L > KUBOTA CORPORATION ,, fi /" > LL ... L> KUBOTA CORPORATION ' L... fl > " fl , flL " ' > " >' > ...... L L fi " " > fl L ... " a KUBOTA CORPORATION Kfl UBOTA CORPORATION fifi L - L < L fi " L> - L" KUBOTA"C ORPORATION fiL " L > " fi ,, ,, ,, ,, /19/62 1975 ,, L...,L " > fi K U BOTA CORPORATION L fi b KUBOTA CORPORATION fl " fi / - " fl L " " " " " " L ... /" " - KUBOTA CORPO RATION Lfi L Lfi LL L L'-" L,, - - ,, L < L " L - > c KUBOTA CORPORATION fl ... L > fl > L L fl ,, - L < L - " - fi K UBOT A CORPORATION Lfl... " " L- " fi ,, fi ... 'flL KUBOTA CORPORATION " fi > / " fi flL , fl flL , - > ... K U BOTA CORPORATION ,, ,, > / " KUBOTA CORPORATION L "- fi fl L fi L KUfl B- OTA CORPORATION L " KU BOTA CORPORATION L> - KUBOTA CORPORATION fl ... L - > ,,... ' fl 2 Privileged and Confidential ... L > > fl L> - - L KUBOTA CORPORATION fl LL fi KUBOTA CORPORATION fl > ... L ,,- / ,, ,, LL L KUBOTA CORPORATION " L > L"L" K UBOTA CORPORATION fl KUBOTA CORPORATION , fl " fi fl fl L >' ' " "" L> / fl fi LL fi " ' / " fl fi L-> ' ' ,, ,, L L CORPORATION , fi > L L" < L> >" KUBOT A L" L"No.1 : ; L > L ' ,L . L"No.1 : > . KUBOTA CORPORATION KUBOTA Kubota Corporation 556-8601 " 1 , 2- 47 - fi - L"No.1No.414 : ,, ,, ,,,, processing L ' L"No.14 : > ... > - L" processing ... - ... - ...- ... - , ... > - L- > L L > K UBOTA fl / KUBOTA ,, ,,,, ,, ,, ,, L"No.15 : L"No.14 L L fl fi " , L / a ... - ... - L <... ... fl fl b L , market " ,, c L fi ... ... ..., , ... , wi thdr, awn from the market ,, ,, d L L"< L ,, ,, fi " fl " ' / fl L fi 3 Privileged and Confidential e f g h L"No.15 L" > < ,, ,, ,, L ,, ,, 'LL"<"> L fi ' / L"L< L' L L ,, ,, ... > fl : > L" " '" ' " " ' ' L " 2030 c , > ... , market KUBOT A , fl L> L> - L L / K> UBOTA , > a KUBOTA- ,, ,, / b 1954 ,, c , ... , ... , wi thdrawn from the market , > ... KU BOTA L" , L> - L / KUBOTA L K U fiBOTA- 1975 ,> > > d 1957 19 75 ' ' ' ' " ,, ,, ,, ,, ,,fi fl : % > ' fl "/ fl "/ /,, e / / / / <L > ... ... , fi 1 fl, L 2 > 3 4 5 ,,< 6 L> ,, ,, / ; ) ,, ,, ,, / ,, KUBOTA Kfl UBOTA ,, ,, ,, ,, L h KUBOTA fl Man ville Tokyo Kogyo Boeki Shokai M a-nville L ,,,,L ,, ... ,, L"No.16 No.16 : L"No.15 L marketed ,, ,, ,, fl ,,fi / L"No.16 : > > ... fi , marke ted L" , KUBOTA Lfl " L> L KUBOTA : / " Privileged and Confidential L"No.17 : a b c / L < ... ...< ,,/ ,, ,, L " ... d fi - L"No.17 : > L" " ' " ' " " ' ' L 2030 c " fi " KUB OT A L fl" - L L ' KUBOTA , > _ L"No.22 : LL'L' L " No. 15 L L fi L' sales fi L"No.22 : > / "L" L ' fi fi L'sales L " , ... > / / L - - L fi,, - ... L " fi,, KUBOTA fl - L>- L L/> KUBOTA : " L"No.23 : " L > a , fi fi fl flL L L fl "< b L L"No.23 : > fl " ' L ' , , L fi " " ' " " ' L << 'L 2030 cL KUBO TA - L KUBOTA , fi : L'> , L> L> / L"No.24 : 1930 , No.1L 5 "L L" of the health effects fi fi > fi specificat ions fi fi " L -" L"No.24 : > - testing fl fi fi , , Privileged and Confidential Lfi " specifi cations testing of the health effects , ... > " L- L fi ,, ... L 1962 19 75 fi fi / fi ,, - - KUB OTA Lfl " L>- L Lfi > / KUBOTA , fi > ,, / / fl " fi L > LfiLL L"No.25 , : > L" L- L fi... ,, L 1962 197 5 fi / ,, - KU BOTA L " fi L> - L KUBOTA : ,, ,, fi fl L " L"No.26 : L a / L"No.26: L L " < > L" L- fi,, L /" 1962 | 19 75 fi / ,, - KUB OTA - fi L" -L Kubo> ta fl L " " '" " ' L ' L 2030 c5 L " L" co/ mpet e coflmplete fi / ,, L L> / KUBOTA , ,, > ,, ,, ,, L, ' L fl' L"No.27 : ,, L L/ " No.15 L L flfi L . L > fi , cav eatsfl fl fi fl fi / fi > << < fl fi ... ... ' " L fl L"No.27 : > L" KU BOTA Lfl " > , caveats , L - K> UBOTA fl fi L" > , < << < flfi /" /"/ - - fi L" L -K> UB OTA fl fi fl L L... ... L 1962 fi 1975 - ,, L fi " L> - 6 Privileged and Confidential L L ,, ,, / KUBOTA L > , : " L/ ' 1975 , > 3> 2 fi,, L-fl L... " " " "" Kflub'ota Co rporation ,, ,, ,, ,, / L > " / " > fi >L " L " - > L"No.28 : 1930 , statements L L / - L fl fi > fl ,, L ,, L > ,caveatsfl other fi fl L"No. 2 , 8: > L" > ,caveats otfi her st atements L" , ... > KU B OTA fl L" L -K> UB OTA fl L > fi SJ L" writings waflrnings , fl fi " -L KUB O> TA L - L... fi ,, 1962 19 75 - - L " - L / KUBOTA ,, L ,, L fl " L"No.29 : a L ? b L> L fl c L> d L> fl e ,,,, ,, ,, fl >fi L ,, fl L 'L "/ f L " L / ,, " " ... L ... L L g L > fi , , L"No.29 : > , L " , fl > L fi " " "' ' " ' L 2030 c 5 " , 7 Privileged and Confidential KUBOTA Lfl " L - > KUBOTA fl L fi - L... fi,, L 1962 fi 19 75 / ,, L " - L L / > K UBOTA ,: > ,, ,, ,, ,, / L' L L 'fl " L"No.30 : L"No.30 L ,,,, ,, ,, , ... : > fl,, fi ? ,, KUBOTA fl L fi L L " L> - L>/ KUBOTA 19fl80 ,, ,, Kfl UBOTA fi 19fl79 > , " K fiUBOTA > " " L fl < ... > L"No.31 : L"No.30 L"< fl < ... a ' L ' b ,, fi c d fl < L " ... L L< " ' e fl "" f " fl fi L< ..."/ g fl < ... < L"No.31 : > L" " '"' " " L ' 2030 cL K UBO TA L fl" - KUB O TA L fl L " L> - L > L > / KUBOTA fl fi : a " ' " Contra'Costa Glover Allen b 1980 c LL < d L " ,>mfieLsothelioma > " e " ' " Pleasan't Hill George W. Kilbourne "" f . Contra Costa " ' " L ' No. 210083 / Walnita Allen Joy A" llen" Joy Allen Glen Allen L "" 0 Privileged and Confidential flManvill et al g ,L L"No.32 : L" L"No.32 : > " KUBOTA Chris Webber fl < " L... , L"No.33 : L fi " " L"No.33 : > L" " ' " '" ' " ' " ' LLL 2 030 c fi " KU BOTA L fi" - L / KUBOTA L... > L - >, L"No.34 : L ,,/ ,, asbestos material - fi... ,, - - packages fl fl < ... L" ...< fl L ' L"No.34 :> L fi " - ,,,, ,, asbestos mate rial ,, L" , ... > KU BOTA fl - KUBOTA L fl " KUBOTA ,, ,, / - L' L ... L " - L L / > KUBOTA , : L' L"No.35 : 1930 1978 ,, ,, fi... / L fl " L < fl " " fi ,, L"No.35 - : > L L" KUBOTA 1930 ,, 1978 ,, L ... / flL fl " " fi fi fi fi 9 Privileged and Confidential KUBO TA L "fi - KUB OTA fl fi ... - L + > ,, ... ' L > > fl ,, L'-- L> - KUBOTA fl L fi " L... /" 1962 19 75 / ,, L " L - > L / KUBOTA , L' ,, ,, " L , - L"No.36 : 1930 ,, ,, ,,,, ,, ,, ,, ,, asbestfl os material L..., imported L"No.36 : > KUBOTfl A fi fi K UBOTA ,, ,, fi fl ,, L ,, ..., " L " KUBOTA ' L..., import ed L L "- L...fi,, L /" fiKUBOTA Lfl " L > - KUBOTA fl L L... " L 1962 19 75 / - ,, L> L " - fi fi ,, ,,asbestos material , et ... > KUBO,, TA fl - L>- L / KUBOTA : KUBO TA fl ,, ,, / L ,, ,, ,, L... , > " L" L > fl fi L a ,, ,, ,, fl ,,L..., b ,, ,, ,, ',,fi c L..., ,, ,, ,, ,,1945fl Lfi ... d L"No.37 : > ,/," L " ... fl ' " ,fl/" ,,,, fl > KUBOTA fl fi fi KUBOTA ,, ,, fi fl ,, L,,... , " " L " Sar " KUBOTA fl impL orted L L" L... ... / " KUBOTA L fl " - L > 10 Privileged and Confidential KUBOTA fl L fi " L... L 1962 19 75 ,,- L " L> -- ,, asb,, estos material L" , ... > " ' " ' " ' " " L2 030'c " -L> L , : L' fi L> / KUBOTA L"No.38 : - L"No.38 , : > ,,L ,, fl L fl ,' >fl > L fl " KUBOTA fl L L flL fl L "L/ ,, , fi ,, ,, ,, L ,, 1975 , >> KUBOTA fl ,, ,, fi 1975 ,, ,, fl - fl " ,, Lfi ,> > KUBOL TA > ,, L"No.39 : ,, ,, ,, ,, ,, ,, ,,,, fl fl Ne! fl ,, ,, ,, ,, fl,, L> / - L"No.39 : > Lfi "L- fi L ,, ... 1962 19 75 / - KUB,, OTA L " fi L> - L " " ' " ' " ' " ' L " 2030 c KUBO TA fl - L / KU BOTA , fi ,, > ,, ,, ,, / L L L ' ' KUBOTA " L"No.40 : LL >flfi " a ' fi - b L / ,, - c L"No.40 L / : > "fi L ,, L fi L ... ... /" 196 2 19 75 / ,, - KU BOTA L " fi L> -L " " L ' 2030L c , KUB OTA fl L " L - > L 11 Privileged and Confidential / KUBOTA , ,, ,, ,, ,, L, ' L fl ' L L"No.41 : ,, L >L fl fl 193,, 0 ,,,, ,, ,, ,, fl ,, ,, " L> / L" fl fi L / L / ,, ,, ,, ,, L,, ,,fl L fl > L fl 1930 ,, ,, ,, ,, ,, fl " / fi 'L " fl L"No.41 > - : L" " ' " ' L " 2030 c KUBOTA fi - L" KUBOTA fl " ,, L " L L" " ,, fi ' fl L... "" fifi fi KUB OTA flL " - L L... " L 1962 19 75 ,,fi / ,, - " L ,, KUBOTA fl - L / KUBOTA : , > ,, / ,,L , " L"No.42 : L" " > L a Lfl b c fl, L"No.42 : > L" " ' " ' LLL" 2030 c KUBOTA Lfl " L - L > - fi L... / " L 1fi 962 19 75 / ,,- - KUB OTA fl - L> L L > / KU BOTA , ,, ,, ,, ,, / fi L L ' L"No.43 : ,, ,, , fi fl L " L" L fi " fl L " fi fl ' fl L 12 Privileged and Confidential a ' fi L" ? > ... b L' fifi ,, c L' d fl ,, ,, ,, ,, ,,L ,, " L fl -- - " fl / > L"No.43 : > L" " ' " ' " " '' L " 2030 cL , KUBOTA L... L - L-> L - fi 1962 19 75 fi ,, - - / / KU BOTA fl KUBOTAL ,> fi LL ' fl " - L>- L > ,, ,, ,, ,, L"No.4No.444 : 1930 L < chief medical officers L< fi L / " L L fi " L< chief med ical officers KU B OTA fl L" L... 1962 , ... > - 19 75 / - ,, KU- B OTA flL " L> L / / KUBOTA , KUBOTA 1fl 962 19 75 fi " : ' "L" L"No.4No.455 : ... L"No.45 , L,, < chief medical officers / L fi L' , fl : > - L reports fi L < chief medical officers reports or reported , L " ... > KU BO TA - L- L ... fi,, 1962 1 9 75 ,, fi -- KUB OTA fl L " - L / KUBOTA , : , 13 Privileged and Confidential L"No.46 : | L"No.46 : L L L< < > L" L <chief medical officers L", ... > K UB,, OTA Lfl " L> - Lfi" fl L... /" 1962 1 9 75 / ,, - - KUB OTA fl L " L> - L / / KUBOTA , , L"No.47 : 1930 fl > L' fi flfi fl " " " " L L"No.47 > . L" KUBOTA o f L > S JLfl" / L ... fi fi KUBOTA L" - L L... ... 1962 19 75 ,, KU,, BOTA fl - - L" K UBOTA L > L fl L' fi flfifl L , ... " fi fi fi KUBOTA - L / KUBOTA , : KUBOTA > Kfl UBOTA fi" fl " fl 19 82 >, " L , KU BOTA L fl PARED L ' " L fi,, flfi KUBO TA L"No.48 : 1930 19 78 ,, L ,, ,, fl> , " L "L ' " L " " fl L " fi fl L L a "" L> ' fl b L"No.48 "" L : > ' L< 14 Privileged and Confidential L" " ' " " '' L " 2030 cL " KUB OTA - L>- L fi L ... ... L 1962 19 75 fi / ,, - KUB ,, OTA fl L- " L> - L L >/ KUBOTA : L' KUBOTA fl ,, ,, L L fl L"No.49 : L< fl fl / L- L fi fl fl flfl " ,, fl " ,, fl ,, / fl ,, fl fl fl L a b "" ' c "" ' d fi,, L"No.49 : > L fi " " ' " L" 2030 L c ' " KUBOTA - - L - fi L ... L 1962 fi 19 75 ,, - / KUB OTA fl - - - L / KUBOTA ,, ,, fi fl " L"No.50 : 1928 19 78 ,,1 L ... L"> L L " L / ,, ,, - " > fi/ - fi L> 'L / L"No.50 : > L" " '" ' " ' 2030 c " " KU B OTA L " L-> L " > tL rad e association periodicals , ... > fl KUBOTA L" L> - KUBOTA fl / -/ " /- - L " - KUBO TA L fl "L L " fi L -L fi,, ... L 1962 19 75 ,,fi - - L . 15 Privileged and Confidential KUBOTA L KU BOT> A , > L ... ,, ,,L L : KU BOTA fl its libraries , fl fi 1962 19 75 > ,, ,, ,, ,, - > / - fi L ""L " " L"No.51 : 1945 19 70 fi ,, ,,,, > ,, fl ,, ,, , " ,, /L " fi fl fl ' fl fl... ... > ,, " L"No.51 : > L,< - / / - fi - " - - - L- flfi,,L... /" " KUB OTA fl L" L-> KUBOTA L fl L L " L - fi,, L ... /" 1962 1 9 75 ,, L " L> - L KUBOTA L > ,, ,, ,, ,, / fi L , fl KUBOTA L fl " < fl ... ... - " L"No.52 : L"No.51 L> ... L ,, L"No.52 , : fi fi ... L > " ... 1 > ... fl KUBOTA fl L fi L"- L fi,, ... L 1962 fi 19 75 - - L " - L / KU BOTA , fi : > ,, KUBOTA / ,, L' L"N o. 51 > " ,, ,, L ,, ,, fl L " fi L 193 0 / fi 19 78 1 1 ,, fl L"No.53 : > KUBOTA fl L fi L... " L 1fi 962 19 75 / - L " - L KUBOTA ,fi : > 16 Privileged and Confidential ,, ,, / L ... > L"No.54 No.54 : fi fl 1978 ,, ,, fi >,,,, ,, 'fi fi ' <fi ' ... fl ,, 1 ,, L L"No.54 : > KUBOTA fl L fi " 19 75 L> - L ,, ,, / L ... L 1962 L " L> / KUBOTA , fi : > L fl ... > L"No.55 : L" No.53 fl L"No.55 : No.54 fl fl ... ... fi ... L > | ' KUBOTA fl Lfi"L L ... ... / "L 1fi 962 19 75 L " L> - L // KUB OTA , : > L' L"No.5 3 No.54 flfl fl KUBOTA ,> > . ... " ' L"No.5No.656 : L 1930 / 19 78 scien> tif ic fl " " ' fl fl fl " / L L L"No.56 : > L" " ' "" ' 'L " 2030c KUBOTA Lfl " , - L" > scientific / / - , KUB OTA fi ... > - - - KUB OTA flL fi " L... / " L 1962 19 7fi 5 ,, // " > KU B O- TA ,, ,,,, ,, - - L " L> - L KUBOTA 1962 19 75 L>/ KU BOTA , fi ,, fl fl : " > KUBOTA Lfl L L " L"No.57 : 17 Privileged and Confidential 1930 19 64 >" fl fl fi L / L fl / L> L ...L"> L> ... L L " fi > ... ,,L " > L L"No.57 : > L" scienti> fic /L "/ - - , ... > KUBOTA L " L -> L " KUB OT A 1fl 930 19 64 fl> L> L... KUBOTA fl - L L " > L L " , L - L fi ,, ... " " - KUB- OTA L" - L L> / K UBOTA , fi : KUBO> TA fl fl fl " 1fl930 1964 ,, L"No.58 : L ,,/ ,, L fl- threshofi ld lim,, it values L ,, ,, L' ' ,, special instructions > fl L L " L a b L" , / " c / " fl d L' e L"No.58 : > L" " '" ' "" ' ' 2030c " " KUBO TA fi -- L" /" special instructions L-fi,, threshold limit values L " , > ... KUBOTA - L " KUBOTA ,, ,, ,, / ,, / > ,, KUBOTA L ... " - L- L fi ... L ,, 1962 19 75 L" -- L L/ > KUBOTA : KUBOT> A 1975 ,, ,,,, ,, L / ' 32 fi ,, L L>... Kubota Corp" orati" on ,, ,, ,, ,, / L fl ,, flL fl> L " , KUBOTA L " fl > - < " VOSfi S > 18 Privileged and Confidential R andal l Waters Kflubota < << fi 1 " VOSS" > > L L > ,, fl L> fi L fi ... Voss Kubota > L'- " / L"No.59 : ; L ... 1 953 ,, ...< 20 I < HF ,, < " ,> " fi L"No.59 : > L" " '" ' " '" ' KUB OTA Lfl " L <<2030 c L - L > " " L/ L" , ... > KUBO TA Lfl " L> - L / KU BOTA , " ," > L"No.60 : IHF L"No.60 flfl : " L Industrial Hygiene Digest 1 " > "L fi' L fl / ? ,, L" . | L" " ' " '" ' " KUBOTA fl Lfi " ' L " LL 2030 c - L" L/ IH F , ... > L " KU BOTA L "fi - L KUBOTA fl : " L"No.61 : L IH/ F L L - a fl,, ,, ,, LLfl L ,, ' fl ,, ,, ,, ,, L " L> L - L ,, ,, fl ' "L" fi b fi c " d L ,, ,, " L" fl ; ' " ,, > -,, fl fi - ' " " L" L" " / - Chief Inspec tor of Factoriefi s fl fi ,, ,, ,, ,, L fi fi " 19 Privileged and Confidential L fi < , L" " L ' " LLfi " - L"No.61 : > L fi " IHF L " , ... > KU BOTA -L L > " ' ' L" 2030 c " KUBOTA L fl fi " L> -K UBOT A KUB OTA , : a fi " b fi " c fi " d fi " L"No.62 : 1980 fl L fl ,, ,, L / ,, ,, ,,fl " L > fl L"No.62 :> KUBOTA fl L fi - L... 19 75 - L ,, ,, / fi ,, / L " 196 2 fi - L " / KUBOTA , fi : > fl" L"No.63 : L" " > a b ... c ... - | d L> L" e "" fl L"No.63 : > L" " ' " 'L L< 20 30< c , KUBO TA L " L - > KUB OTA L fl - L... L 1962 19 75 fi ,, - ,, L " L>- L L> / KUBOTA , ,,> ,, ,, ,,/ L fiL ' L' fi L"No.64 : 20 Privileged and Confidential L 193/ 0 19 78 L L ,, ,, "L " 1 fi medical, libr aria/ n L'- L"No.64 : > fi > , me /dical librarian , ... > KUBOTA L " - KU BOT A L L- Lfi ... ,, fi 196 2 19 75 ,,- - ,, L " L> - L L > / KUBOTA , fi ,, ,,L L ' KUBOTA > , /fi L L "" "' L"No.65 LAsbesto/ s Worker ,, ,, ,, ,, L L " ... L"> fl L L L" No.65 L/ > " fl L" fi " ' " ' L" 2030 c L/ KUB OTA - KUBO TA L fl- L... fi /" 1962 19 75 - L > L / KU BOTA , ,, ,, > ,, ,, L KUBfl OTA Afl sbestos Worker L"L ... L "> L' L"> " L"No.66: L Asbesto/ s ,, ,, ,, ,, L L " ... L"> L / L...L" > L"No.66 : > L" " ' " L '" 2030c L/ KUB OTA fi -- KUBO TA L fl L... ... /" 1962 19 75 L " -- L /K UBOTA , fi ,, ,, >,, ,, L KU Bfl OTA Asflbestos L " L ... L " > L' L "> " L"No.67 : 1980 ,, L ,,/,, ,, ,, fi 21 fl Privileged and Confidential dire cted from ,, L ,, east ,,,, ,,L ,, ' ' ... ,, - L"No.67 :> " '"" ' " ' L ' 2030c L/ KUB OTA fiL fl" -- K UBOTA L fl /directed from you , > - KUB OTA L fl - /" 1962 19 75 / fi ,, - L" L >- L /fiKU BOTA , fi : KUBOTA> fl ,, ,, ,, ,, / K ubota > > KU BOTA directed from ' fi fl" KU BOTA Lfl - " L L > L"No.68 : L / ,, ,, ,, ,,,, ,, ,, ,, >,, Lfl>,, ' > ' ap plied by asbestos workers or helpers become airborne ' " 1980L" Lfi / H L' L " < af L"No.68 fi: > . 4 L" " '" ' " " '' L " 2030 c 5 L/ KUB OTA - become airborne ,, ,, > fl ' appli ed by > asbestos workers or helpers L" , KU> B OTA fi L" - KU BOTA L- L fi ... ,, L 1962 1 975 fi /- ,, - KU BOT A KUBOTA L' ,, ,, ,, ,, L L ,, L"No.69 : 1964 ,, fi fi ' L , /,, " L" fi fiL fi ' fi a i ii iii iv ,,- - fl - < L ,,/ ,, > cu- tti> ng fl, > sawing L' /; 2 / ' ... / ' ... placing fi fi L fi tearing down ,, mixi ng ,, 22 Privileged and Confidential ,, ,, ,, ,, f>5 mppcf,, > fi , " fi/ 1 8 ,, % fl , fi ,, > ,, - 20 ,, ,, fl ,, " ,, " ,, fl " ,, fl -L fl L fi fl i L fi ,SL J : plural plfl eural L"No.69 L L : , > / / L" " ' " ' " L ' 2030 c 5 L/ KUB OTA fi KUBOTA , - L-> L : > / a) fi a ii fi a iii fi iv fi b fi b ii fi ii fi L"No.70 : L / ,, ,, ,, ,,,, > TLV L " ,, L> -" L " L"No.70 , : > ,, TL V's KUB O TA fi KU BOTA , < , fi , ... > L -- : 1971 > L / Lfi ,, L"No.71 : 1930 19 78 L /,, ,, L"No.71 L , / > ... L ,, ,, fi KUBOTA fl L fi " L- fi,, L... /L " 1962 fi 19 75 ,, - L " - L L> / KU BOTA , fi : > flL L"No.72 : 23 Privileged and Confidential , ... ,, ,, ,, ,,> ,, ,, L L" L> fl ,, L -" L " L"No.72 : > L" " ' " " ''" ' 2030 c KUBOTA -L " L/ L KUBOTA fl : > > L " KU BOTA > flfi " 1960 ,, fi L " KUBOTA ,, ,, ,, ,, - L "L " fl " ,, ,, L " KUB OTA 1971,, <fi - > L L"No.73 : L / L ... " Unit... ed Sta tes Public Health Bulletin ,, Service L... L"> " L L... ... ,,L " > ,, L L"No.73 : > L" " ' " 2030 c 'L / D KUB OTA fi - KUBOTA L fl ... - L /" 196 2 19fi 75 - - L / KUBOTA , > ,, / L L, ' " L" No.74 : L ' / >L / > respir,, ato r Lfl " L ,, ,, L L"No.74 : > KUBOTA fl fiL" fl L ... / " 1962 19 75 / - L " - KU BOTA ,, rfl espira,, tors " flL" , L -> L L> / KUBOTA , > : >> L " > " , K UBOT A fi > L ' > / ... , L " "L L> 196fl 2 L"No.75 : Privileged and Confidential / KUBOTA , L fi fl" > ,, fi,,/ : 200,,7 11 20 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP By / Howard L. Halm Aide C. Ontiveros "" KUBOTA CORPORATION Privileged and Confidential >" > ... ...,, ,, ' L"> L" , L KUBOTA CORPORATION > No. 1 fi,, C hris Webber flA.H. Vosss fi > L LAS/ C - ... ,,"... BC 368967 < " L " L K UB OTA CORPORATION L L" / / L fl , fi - fi L L ,, , ... fi 2007 20 / " < fl L... " '" ' " ' , L ... " > , , Pro of of Service Kunio Suwa 27