Document O3pewY0215pbaG1J2BbL6XGoL

'1 I 4 (' 1 EUGENi. JRQWN, JR (STATE BAR *079824) HARDIN, COOK, LOPER. ENGEL & BERGEZ, LLP 1999 Harrison Street, Eighteenth Floor OakJand, CA 94612-3541 3 Telephone. (510)444-3131 Fax (510) 839-7940 4 Attorneys for 5 FORD MOTOR COMPANY 6 1 SUPERIOR COURT OF CALIFORNIA 8 COUNTY OF SAN FRANCISCO 9 10 IN RE COMPLEX ASBESTOS LITIGATION, U 12 13 t4 15 ) ) No 828684 ) ) ) FORD MOTOR COMPANY'S RESPONSE ) TO PLAINTIFFS' REQUEST FOR \ PRODUCTION, INSPECTION, COPYING j AND ELECTRONIC SCANNING OF ) DOCUMENTS AND TANGIBLE THINGS [C.C.P. SECTION 2031] 16 PROPOUNDING PARTY: IT RESPONDING PARTY: IS SET NO: 19 2fl PLAINTIFFS DEFENDANT, FORD MOTOR COMPANY One PRELIMINARY STATEMENT 21 In compliance with the California Court Rules, Ford responds to Plaintiffs' Requests only with 22 respect to information and/or documents in Ford's possession, custody, or control. Some or all ol 23 Plaintiffs' Requests purport to call for information or documents not m the possession, custody or 24 control of Ford but in the possession, custody, or control of other, separate legal entities. To the extern 23 26 that Plaintiffs' Requests attempt to require Ford to obtain information and/or documents not in Ford's 27 possession, custody, or control. Ford objects on the grounds that they (a) seek to compel Ford tc 28 conduct a search beyond the scope of permissible discovery contemplated by the California Court Rules 29 and (b) impose an undue burden and expense on Ford Plge 1 ' i ' I 1 Ford does not concede that any of its responses will be admissible evidence at tnal Further, 2 Ford does not waive any objections, whether or not stated herein, to use such answers at tnal i When Ford uses any terms or phrases that Plaintiffs have purported to define, such terms and 4 phrases should be given either (a) the meanings set out by Ford herein or m the individual responses oi 5 6 (b) m cases of ordinary words that Plaintiffs have attempted to define in a manner inconsistent with 7 their meanings, the ordinary meaning of such words 8 Additionally, Ford in its own on-going searches for information which may be relevant to asbestos 9 litigation has accumulated approximately 20,000 pages of non-pnvileged documents. To the extent thai 10 Plaintiffs' requests seek information that may be contained in these documents, Ford will make their II available for inspection and copying at Plaintiffs' expense at its offices m Dearborn, Michigan, at : 12 13 mutually agreeable time during regular business hours Ford objects to sotting through these document: 14 and copying and mailing them to Plaintiffs in answer to these requests, since to do so would require the 13 expenditure of thousands of dollars, hundreds of hours of human effort, aod would in all likelihood take 16 several weeks, if not months, to complete. 17 18 INDIVIDUAL RESPONSES TO REQUEST FOR PRODUCTION: 19 20 REQUEST FOR PRODUCTION NO. 1 21 Produce any and ail DOCUMENTS in YOUR possession, custody and control CONCERNING 22 Dr Harley Kreiger's activities, studies, inspections, air sampling, recommendations and observations 23 during the years 1930 through 1985 concerning asbestos, ASBESTOS-CONTAINING FRICTION 24 PRODUCTS and symptoms associated with exposure to asbestos (including but not limited to lung 23 cancer, mesothelioma, asbestosis, plaques, lung disease, etc). 26 27 RESPONSE: 28 Ford states that it does not have any documents in its possession, custody or control that are 29 responsive to this request. Pige 2 ( 1 REQUEST FOR PRODUCTION NO. 2 2 Produce any and ail DOCUMENTS in YOUR possession, custody and control CONCERNING 3 Dr E A Irvin's activities, studies, inspections, air sampling, recommendations and observations 4 during the years 1930 through 1985 concerning asbestos, ASBESTOS-CONTAINING FRICTION 3 6 PRODUCTS and symptoms associated with exposure to asbestos (including but not limited to lung 7 cancer, mesothelioma, asbestosis, plaques, lung disease, etc), S RESPONSE: 9 Fold states that it does not have any documents m its possession, custody or control that are 10 responsive to this request II REQUEST FOR PRODUCTION NO. 3 12 13 Produce any and all DOCUMENTS m YOUR possession, custody and control CONCERNING 14 Dr Duane L, Block's activities, studies, inspections, air sampling, recommendations and observations 13 during the years 1930 through 1985 concerning asbestos, ASBESTOS-CONTAINING FRICTION 16' PRODUCTS and symptoms associated with exposure to asbestos (including but not limited to lung 17 cancer, mesothelioma, asbestosis, plaques, lung disease, etc) IS 19 RESPONSE: 20 Without waiving the objections stated below, Ford states that it will make available for inspector 21 at a mutually agreeable time in Dearborn, Michigan, a collection of documents and other materials 22 pertaining to asbestos, which may contain information responsive to this request. 23 To the extent this request seeks an addinonal or different response. Ford objects to this request 24 on the grounds that it (a) is overly broad, (b) seeks informauon that is neither relevant to the subject 23 26 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the V trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 23 items sought 29 Page 3 ( [ REQUEST FOR PRODUCTION NO. 4 2 Produce any and all DOCUMENTS in YOUR possession, custody and control CONCERNING y Dr John Triebwasser's activities, studies, inspections, air sampling, recommendations and observations 4 during the years 1930 through 1985 concerning asbestos, ASBESTOS-CONTAINING FRICTION 5 6 PRODUCTS and symptoms associated with exposure to asbestos (including but not [united to lung 7 cancer, mesothelioma, asbestosis, plaques, lung disease, etc) 3 RESPONSE: 9 Ford states that it does not have any documents m its possession, custody or control that are 10 responsive to this request u REQUEST FOR PRODUCTION NO. S 12 13. Produce any and all DOCUMENTS__in YOUR possession, custody. and control-CONCERNING 14 Ford's Employee Relations Staffs activities, studies, inspections, air sampling, recommendations and IS observations during the years 1930 through 1985 concerning asbestos, ASBESTOS-CONTAINING IS FRICTION PRODUCTS and symptoms associated with exposure to asbestos (including but not 1united 17 to lung cancer, mesothelioma, asbestosis, plaques, lung disease, etc). IS 19 RESPONSE: 20 Without waiving the objections stated below, Ford states that n will make available for inspecnor 21 at a mutually agreeable tune in Dearborn, Michigan, a collection of documents and other material: 22 pertaining to asbestos, which may contain information responsive to this request. 23 To the extent this request seeks an additional or different response, Ford objects to this request 24 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 23 26 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 27 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 23 items sought. 29 Pige4 I REQUEST FOR PRODUCTION NO. 6 2 Produce any and all DOCUMENTS in YOUR possession, custody and control CONCERNING 3 any and all industrial hygiene studies and tests performed during the years 1930 through 1985 by any 4 and all persons identified in YOUR RESPONSES to STANDARD INTERROGATORY No 11 which J 6 CONCERNED asbestos, ASBESTOS-CONTAINING FRICTION PRODUCTS and symptoms 7 associated with exposure to asbestos (including but not limited to lung cancer, mesothelioma, 8 asbestos is, plaques, lung disease, etc) 9 RESPONSE: ___ ____________________ . 10 Ford states that in the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific II Research Staff conducted tests to detemune the quanuty of asbestos fibers liberated from brake linings 12 13 during .the braking process _They_ concluded_thaUover-99-98 %-of the asbestos-fibers-in brake linings 14 decomposed dunng the braking process into other materials Their results were published in a 1973 1J SAE paper by A. Andersoa and R. Gealer entided "Asbestos Emissions From Brake Dynamometer 16 Tests " 17 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake linings 18 19 being cleaned by brake mechanics using air hoses. They determined that asbestos levels were well 20 below existing or proposed 0 S.H A standards This testing was done by Mr Anderson and Henry 21 Lick, under the supervision of Paul Toth, who was then manager of Industrial Hygiene 22 In addition. Ford states that commencing in the early 1970's, Ford participated in and provided 23 partial funding for studies done by Dr. Irving Selikoff and others at what is now the Mt. Sinai School 24 of Medicine in New York, which work was reported on in a paper entitled "Asbestos Exposure During 23 26 Brake Lining and Maintenance and Repair," published m Environmental Research, Vol. 12, pp 110 27 128 (1976). The work done was a study of the environmental pollution, if any, caused by asbestos it zs brake linings The study came to focus on the occupational exposure of mechanics dunng brake repaii 29 Pjge 3 r I and maintenance Ford's Research and Engineering Department and Industrial Hygiene Depanmem 2 were advised of the study. Ford will produce a copy of the above described materials 3 REQUEST FOR PRODUCTION NO. 7 4 Produce any and all DOCUMENTS in YOUR possession, custody and control CONCERNING 3 6 any and all industrial hygiene studies and tests performed during the years 1930 through 1985 by any 7 and all persons nor otherwise identified in YOUR RESPONSES to STANDARD INTERROGATORY 8 No II which CONCERNED asbestos, ASBESTOSCONTAINING FRICTION PRODUCTS and 9 symptoms associated with exposure to asbestos (including but not limited to lung cancer, mesothelioma, 10 asbestosis, plaques, lung disease, etc) 11 RESPONSE: 12 1 13 Ford refers to and incorporates herein its responsejoRequest for Production No. 6 . . 14 REQUEST FOR PRODUCTION NO. 8 13 Produce any and all DOCUMENTS m YOUR possession, custody and/or control 16 CONCERNING any and all depositions identified in your responses to STANDARD 17 INTERROGATORY No 12 including, all exhibits and corrections to the depositions IS 19 RESPONSE: 20 Ford states that copies of the deposition transcripts sought by this request can be obtained at 21 Plaintiffs expense through the following persons listed after each deposition listed: 22 Arnold Anderson. Stephen F. Block, Jr and Rita Block v Maremom Corporation, et al. 23 Cause No.' 94-007165, Hams County, Texas District Court, 200 15111 Judicial District, taken on May 24 4, 1998, reported by Patricia Murray & Associates, address unknown, telephone no (313) 998-9545, 23 23 plaintiffs counsel Cook, Butler,-et-a!., 4 Houston Center, 1221 Lamar, Suite 1300, Houston, TX 27 77010, Constance Stables v General Motors Corporation, et al, Case No.' 90-506-CA-17, in the 28 Circuit Court of the 19u> Judicial Circuit in and for St Lucie County, State of Florida Civil Division, 29 taken on February 8, 1993, reported by Hamilton-Legato Deposmon Centers, address unknown. Page 6 1 telephone no. (313) 244-9700, plaintiffs counsel Ness, Motley, etal , P 0 Box 365, Barnwell, 2 South Carolina 29812; Wellbum Cooper v Armstrong World Industries, et al, and Consolidated 3 Cases, Case No 81-1055-CrV-NESBnT, in the United States District Court for the Southern District 4 of Florida, taken on December 17, 1984, reported by McKinley Wise & Associates, Inc , Registered 5 & Professional Reporters, 1211 Chestnut Street, Suite 901, Philadelphia, Pennsylvania 19107, telephone 1 no (215) 564-2181, plaintiffs counsel Blank, Rome, et al , 1200 Four Penn Center, Philadelphia, g Pennsylvania 19103, Marshall Coates, et ux V Raymark Industries, Inc , et al and Consolidated 9 Cases, Civil Action No Asbestos Litigation Docket No . L-095651-85, in the Superior Court of New 10 Jersey Law Division Middlesex County, taken on March 10, 1989, reported by Service Reporting 11 Company, Donna-Christine Sell, RPR, CSR-2450, Detroit, Michigan, plaintiff s counsel Wilentz, 12 13 Goldman, et al , 90 Woodbridge Center Drive, P O Box 10, Woodbndge, New Jersey 07095, Keith 14 K Grewe, et al v AC&S, Inc , er al. Cluster No . 96112702, in the Circuit for Baltimore City, taken 13 on April 10, 1996, reported by Evans Reporting Service, 2422 Southwest Road, Baltimore, Maryland 16 21234, telephone no (410) 882-0208 (Lois Hackerman, Reporter), plaintiffs counsel: Law Offices 17 of Peter G Angelos, 300 East Lombard Street, Baltimore, MD 21202. lg 19 Henry B Lick' Stephen F. Block, Jr, and Rita Block v Maremont Corporation, et al.. Docket 20 No. 94-007165, in the District Court of Hams County, Texas, 200 IS1*1 Judicial District, taken on 21 May 4, 1998, reported by Patricia Murray &. Associates, 10524 East Grand River, Suite 101, Brighton, 22 Michigan 48116, telephone no : (800) 875-8238, plaintiffs counsel1 Cook, Butler, etal , 4 Houston 23 Center, 1221 Lamar, Suite 1300, Houston, TX 77010. 24 REQUEST FOR PRODUCTION NO. 9 23 26 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 27 CONCERNING any and all information sought in STANDARD INTERROGATORY No 14 28 including, but not limited to, any and all publications received by this defendant from each and every 29 association or organization identified in STANDARD INTERROGATORY No 13 Pige 7 r ( I RESPONSE: 2 Without waiving the objections stated below, Ford states that it will make available for inspection 3 at a mutually agreeable time in Dearborn, Michigan, a collection of documents and other material: 4 pertaining to asbestos, which may contain information responsive to this request. 3 6 To the extent this request seeks an additional or different response, Ford objects to this request 7 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 8 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 9 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 10 items sought 11 REQUEST FOR PRODUCTION NO. 10 12 13 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 14 rNTERROGATORY No 14 and all subparts thereto. 13 RESPONSE: 13 Without waiving the objections stated below, Ford states that it will make available far inspection 17 at a mutually agreeable time in Dearborn, Michigan, a collection of documents and other material: lg 19 pertaining to asbestos, which may contain information responsive to this request. 20 To the extent this request seeks an additional or different response, Ford objects to this request 21 on the grounds that it (a) is overly broad, (b) seeks informanon that is neither relevant to the subject 22 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 23 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 24 items sought. 23 23 REQUEST FOR PRODUCTION NO. 11 27 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 2S CONCERNING YOUR membership in the Industrial Hygiene Foundation/Industnal Health Foundation 29 during the years 1930 through 1985 PigeS ( ( I RESPONSE: 2 Without waiving the objections stated below, Ford states that it will make available for mspecnor 3 at a mutually agreeable time m Dearborn, Michigan, a collection of documents and other material! 4 pertaining to asbestos, which may contain mformanon responsive to this request 3 S To the extent this request seeks an additional or different response. Ford objects to this request 7 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 8 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 9 trial of this matter, (c) is unduly burdensome and oppressive ,_and (d) does not adequately designate the 10 items sought It REQUEST FOR PRODUCTION NO. 12 11 13 . ..Produce any and .all DOCUMENTS in YOUR possession^-eustody and/or control 14 CONCERNING YOUR participation in and/or attendance at any Industrial Hygiene Foundation/ 13 Industrial Health Foundation seminars during the years 1930 through 1985. IS RESPONSE: 17 Ford states that it does not have any documents in its possession, custody or control that are IS 19 responsive to this request. 10 REQUEST FOR PRODUCTION NO, 13 11 Produce any and all DOCUMENTS in YOUR possession, custody and/or control YOU 12 received from the Industrial Hygiene Foundation/Industrial Health Foundation during the years 1930 13 through 1985. 24 RESPONSE: 23 16 Without waiving the objecuons stated below, Ford states that it will make available for mspectior 27 at a mutually agreeable time in Dearborn, Michigan, a collection of documents and other material: 2S pertaining to asbestos, which may contain informanon responsive to this request. 29 P*ge9 (( I To the extent this request seeks an additional or different response, Ford objects to this request 2 on the grounds that it (a) is overly broad, (b) seeks mformanon hat is neither relevant to the subject 3 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 4 trial of this matter, (c) ts unduly burdensome and oppressive, and (d) does not adequately designate the 5 6 items sought 7 REQUEST FOR PRODUCTION NO. 14 S Produce any and all DOCUMENTS in YOUR possession, custody and/or control YOU 9 received CONCERNING the Industrial Hygiene Foundanon/lndustrial Health Foundationjlunng the [0 years L930 through 1985. LI RESPONSE: LI 13 Without waiving the oblections stated below, Ford smesjhat.it .will make available for inspection L4 at a mutually agreeable ume in Dearborn, Michigan, a collection of documents and other material' L5_ pertaining to asbestos, which may contain mformanon responsive to this request. 16 To the extent thus request seeks an additional or different respoose. Ford objects to this request 17 on the grounds that it (a) ts overly broad, (b) seeks mformanon that is neither relevant to the subject is 19 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 20 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 21 items sought. 22 REQUEST FOR PRODUCTION NO, IS 23 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 24 CONCERNING any and all mformanon sought in STANDARD INTERROGATORY No 15 and all 23 26 subparts thereto (regarding receipt of studies and/or tests conducted by Bonsib for Standard Oil of New 27 Jersey) including, but not limited to, reports, studies, correspondence, videotapes, photographs, films, 23 notes of telephone conversations, notes, and memoranda* 29 Page 10 r < 1 RESPONSE: 2 Ford states that it does not have any documents in its possession, custody or control that are 3 responsive to this request. 4 REQUEST FOR PRODUCTION NO. 16 3 ' 6 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 7 INTERROGATORY No 15 and all subparts thereto 8 RESPONSE: 9 Ford states that it does not have any documents in its possession, custody or control that are 10 responsive to this request II _ REQUEST FOR PRODUCTION NO. 17 12 13 Produce any and all DOCUMENTS m YOUR possession, custody and/or.control 14 CONCERNING any and all information sought in STANDARD INTERROGATORY No 16 and all 1J subparts thereto (regarding YOUR receipt of studies and/or tests conducted by any insurance company 16 such as, Metropolitan Life Insurance Company or Aetna Insurance) including, but not limited to, 17 reports, studies, correspondence, videotapes, photographs, films, notes of telephone conversations, ia L9 notes, and memoranda 20 RESFON5E: 21 Ford states chat it does not have any documents m its possession, custody or control that are 22 responsive to this request 23 REQUEST FOR PRODUCTION NO. 18 24 25 Produce any and ail DOCUMENTS referenced in YOUR responses to STANDARD 26 INTERROGATORY No. 16 and all subparts thereto 27 RESPONSE: 2S Ford states that it does not have any documents in us possession, custody or control that are 29 responsive to this request. Pige II ( ( 1 REQUEST FOR PRODUCTION NO. 19 2 Produce any and all DOCUMENTS in. YOUR possession, custody and/or control 3 CONCERNING any and all information sought in STANDARD INTERROGATORY No 17 and ail 4 subpara thereto (regarding receipt of studies and/or tests conducted by Saranac Laboratory or any s 6 other laboratory) including, but not limited to, reports, studies, correspondence, videotapes, 7 photographs, films, notes of telephone conversations, formulas, testing, memoranda, and notes s RESPONSE: 9 Ford states that it does not have any documents m its possession, custody or control that are 10 responsive to this request 11 REQUEST FOR PRODUCTION NO. 20 12 13 Produce any and ail DOCUMENTS referenced in YOUR responses to STANDARD__ 14 INTERROGATORY No 17 and all subpara thereto 13 RESPONSE:------- -- ---------------------- 16 Ford states that it does not have any documents in its possession, custody or control that are 17 responsive to this request IS 19 REQUEST FOR PRODUCTION NO. 21 20 Produce any and all DOCUMENTS referenced m YOUR responses to STANDARD 21 INTERROGATORY No. 18, and all subpara thereto, that CONCERN asbestos. 22 RESPONSE: 23 Without waiving the objecnons stated below, Ford states that it will make available for mspecnor 24 at a mutually agreeable tune in Dearborn, Michigan, a collection of documents and other materials 23 26 pertaining to asbestos, which may contain information responsive to this request. 27 To the extent this request seeks an additional or different response. Ford objects to this request 23' on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 29 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the Pge 12 ( t I trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 2 items sought 3 REQUEST FOR PRODUCTION NO, 22 4 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 3 6 CONCERNING any and all information sought in STANDARD INTERROGATORY No 19 and all 7 subpans thereto (regarding any exchange of DOCUMENTS in YOUR possession, custody and/or a control CONCERNING tests and/or studies related to asbestos exposure in the workplace or the human 9 health consequences of exposure to asbestos) mcluding, but not limited to, correspondence, notes, vo memoranda, reports, studies, interoffice correspondence, videotapes, photographs, films, telefaxes, ii notes of telephone conversations, and telegrams. 12 13 RESPONSE: -- - 14 Ford states that in the early 1970's Arnold Anderson and Roy Gealer of Ford's Scientific 13 Research Staff conducted tests to determine the quantity of asbestos fibers liberated from brake linings -Ifi during the btaking process They concluded that over 99.98% of the asbestos fibers in brake lining; 17 decomposed during the braking process into other materials. Their results were published in a 1973 18 19 SAE paper by A Anderson and R. Gealer enutled "Asbestos Emissions From Brake Dynamometer 20 Tests." 21 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake linings 22 being cleaned by brake mechanics using air hoses They determined that asbestos levels were well 23 below existing or proposed O S.H A standards. This testing was done by Mr. Anderson and Henry 24 Lick, under the supervision of Paul Toth, who was then manager of Industrial Hygiene 23 26 In addition, Ford states that commencing in the early 1970's, Ford participated in and provided 27 partial funding for studies done by Dr Irving Selikoff and others at what is now the Mt. Sinai School 28 of Medicine m New York, which work was reported on in a paper entitled "Asbestos Exposure During BraJce Lining and Maintenance and Repair," published in Environmental Research, Vol. 12, pp. 110- Pige 13 1 128 (1976). The work done was a study of the environmental pollution, if any. caused by asbestos in brake linings The study came to focus on the occupational exposure of mechanics during brake repan and maintenance Ford's Research and Engineering Department and Industrial Hygiene Depanmeni i ( were advised, of the study Ford will produce a copy of the above described materials 6 REQUEST FOR PRODUCTION NO. 23 7 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 1 INTERROGATORY No 19 and all subparts thereto 9 RESPONSE: 10 Ford refers to*and incorporates herein its response to Request for Producuon No 22. H REQUEST FOR PRODUCTION NO. 24 12 u Produce any and all DOCUMENTS in YOUR possession, custody and/or control u CONCERNING any and all testimony related to asbestos exposure in the workplace or the human Ji health consequence of exposure to asbestos) including, but not limited to, testimony transcripts, 16 agendas, travel agendas, memoranda, correspondence, notes, subpoenas, reports, studies, schedules, 17 notes of telephone conversations, interoffice correspondence, and letters to and from any government 18 19 agency. 20 RESPONSE: 21 Without waiving the objections stated below, Ford states that it will make available for inspector at a mutually agreeable time in Dearborn, Michigan, a collection of documents and other material: 23 pertaining to asbestos, which may contain information responsive to this request. 24 To the extent this request seeks an additional or different response, Ford objects to this request 25 26 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 27 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 3 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 29 items sought Pge 14 (( 1 REQUEST FOR PRODUCTION NO. 25 2 Produce any and all DOCUMENTS referenced in YOUR responses to-STANDARD 3 INTERROGATORY No 20 and ail subpans thereto 4 RESPONSE: 3 6 Ford states that it does not have any documents in its possession, custody or control that are 7 responsive to this request s REQUEST FOR PRODUCTION NO. 26 9 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 10 CONCERNING any and all tests and/or studies of ambient asbestos dust created durtng the 11 manufacture, processing, and/or assembling of ASBESTOS-CONTAINING FRICTION PRODUCTS 12 13 including, but not limned to, reports, studies, notes, memoranda, videotapes, photographs, films, test 14 results, mathematical calculations, formulas, rough drafts, procedure descriptions, protocol descriptions 15 and contracts 16 RESPONSE: 17 Without waiving the objections stated below. Ford states that in the early 1970's Arnold 18 19 Anderson and Roy Gealer of Ford's Scientific Research Staff conducted tests to determine e quantity 20 of asbestos fibers liberated from brake linings dunng the braking process. They concluded that ovet 21 99 98% of the asbestos fibers in brake linings decomposed dunng the braking process into other 22 materials. Their results were published in a 1973 SAE paper by A Anderson and R, Gealer entitled 23 "Asbestos Emissions From Brake Dynamometer Tests." 24 In 1973, Ford's Industrial Hygiene Department conducted air sampling tests on brake lining: 25 26 being cleaned by brake mechanics using air hoses They determined that asbestos levels were well 27 below existing or proposed 0 S H.A standards This testing was done by Mr Anderson and Henry 28 Lick, under the supervision of Paul Toth, who was then manager of Industrial Hygiene. 29 'Pigs 13 < { 1 In addition, Ford states that commencing in the early 1970's, Ford participated in and provided 2 partial funding for studies done by Dr. Irving Selikoff and others at what is now the Mt Sinai School 3 of Medicine in New York, which work was reported on in a paper entitled "Asbestos Exposure During 4 Brake Lining and Maintenance and Repair," published in Environmental Research, Vol 12, pp 110J 6 L28 (1976) The work done was a study of the environmental pollution, if any, caused by asbestos m 7 brake linings The study came to ' 8 focus on the occupational exposure of mechanics during brake repair and maintenance Ford's 9 Research and Engineering Department and Industrial Hygiene Department were advised of the study. 10 Ford will produce a copy of the above described materials. II 12 Ford issued an August 3, 1973, memorandum to Plant Safety Engineers directing that brake 13 drums be cleaned using industrial type_vacuum cleaners The memo directed.that air hoses should not 14 be used to clean brake drums Simultaneously, Maintenance Bulletin 137 was issued by the Plant IS Engineering Office to the same effect 16 On October 24, 1975, Ford Technical Service Bulletin 99 was distributed to Ford and Lincoin- 17 Mercury Dealers It recommended that a vacuum cleaner be used for cleaning brakes In January 1976, 18 19 a Technical Service Bulletin 104 was issued to the dealers indicating that Ford recommended the use of an 20 industrial vacuum cleaner in brake cleaning operations The 1977 edition of the Rotunda Catalog and 21 Ford's Shop Manual for Dealerships recommended that brakes not be cleaned with an air hose and that a 22 vacuum cleaner be used for this purpose. In November 1983, Ford issued Bulletin No. 83-22 on brake 23 and clutch servicing. Technical Service Bulletins are presently distributed to approximately 24 29,000 Ford and Lincoln-Mercury dealer technicians These documents are the results of corporate 15 16 activity and are not the work of any single author These bulletins have not been superseded. In the spun 27 of cooperanon. Ford will produce a copy of the above described documents Additionally, as mentioned 28 in Ford's Preliminary Statement, Ford will make available for inspecnon at a mutually agreeable time in 29 Page 16 (( * 1 Dearborn, Michigan, a collection of documents and other materials pertaining to asbestos, which may 2 contain information responsive to this request. 1 To the extent this request seeks an additional or different response, Ford objects to this request 4 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 5 6 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 7 trtal of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 8 items sought. 9 REQUEST FOR PRODUCTION NO. 27 [0 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 11 12 INTERROGATORY No 21 and all subparts thereto. 13 RESPONSE: ------ - W Ford refers to and incorporates herein its response and objections to Request for Production 12 No 26 IS REQUEST FOR PRODUCTION NO. 28 17 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 13 19 CONCERNING any and all tests and/or studies of ambient dust levels where ASBESTOS- 20 CONTAINING FRICTION PRODUCTS were installed, utilized, or removed including, but not limited 21 to, reports, studies, notes, memoranda, videotapes, photographs, films, test results, mathematical n calculations, formulas, rough drafts, procedure and/or protocol descriptions and contracts. 23 RESPONSE; 24 Ford refers to and incorporates herein its response and objections to Request for Production IS 26 No 26 ' 27 REQUEST FOR PRODUCTION NO. 29 28 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 29 CONCERNING any and all information sought in STANDARD INTERROGATORY No 22(D) Pige 17 '( ( 1 (regarding the results and/or conclusions of any and all tests and/or studies of ambient dust levels 1 where ASBESTOS-CONTAINING FRICTION PRODUCTS were installed, utilized, or removed) J including, but not limited to, reports, studies, notes, memoranda, videotapes, photographs, films, test 4 results, mathematical calculations, formulas, rough drafts, procedure and/or protocol descriptions and 3 6 contracts 7 RESPONSE: 8 Ford refers to and incorporates herein its response and objections to Request for Producnon 9 No 26 10 REQUEST FOR PRODUCTION NO, 30 II i: Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 13 INTERROGATORY No. 22 and all subparts thereto 14 RESPONSE: 13 Ford refers to and incorporates herein its response and objections to Request for Production 16 No' 26 17 REQUEST FOR PRODUCTION NO. 31 18 19 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 20 CONCERNING any and all tests and/or studies of ASBESTOS-CONTAINING FRICTION 21 PRODUCTS or RAW ASBESTOS relating to the health consequences of asbestos or the dust generated 22 by any use of asbestos or ASBESTOS-CONTAINING FRICTION PRODUCTS including, but not 23 limited to, reports, studies, notes, memoranda, videotapes, photographs, films, test results, 24 mathematical calculations, formulas, rough drafts, procedure and/or protocol descriptions and 23 26 contracts - 27 RESPONSE: IS Ford refers to and incorporates herein its response and objections to Request for Production 29 No 26 Page 18 (( I REQUEST FOR PRODUCTION NO. 32 1 Produce any and a]] DOCUMENTS in YOUR possession, custody and/or control 3 CONCERNING any and all information sought in STANDARD INTERROGATORY No 23(E) 4 (regarding the IDENTITY of the custodian of any and all DOCUMENTS that are relevant, as defined 3 6 mC C P section 2017, to STANDARD INTERROGATORY No 23 and all subparts thereto) 7 RESPONSE: 3 Ford refers to and incorporates herein its response and objections to Request for Production 9 No 26 10 REQUEST FOR PRODUCTION NO. 33 t! 12 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 13 INTERROGATORY No 23 and all subpans thereto 14 RESPONSE: IS Ford refers to and incorporates herein its response and objections to Request for Production 16 No 26 17 REQUEST FOR PRODUCTION NO. 34 IS ' 19 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 20 CONCERNING any and all information CONCERNING medical examination programs made 21 available to employees to determine the absence or presence of asbestos-related disease including, but 22 not limited to, bulletins, memoranda, correspondence, or notices, 23 RESPONSE: 24 Without waiving the objections stated below, Ford maintains medical facilities at its plants and 23 26 facilities to treat ill or injured employees for all medical complaints or refers them elsewhere for 27 appropriate medical care Ford further stales that it will make available for inspection at a mutually 2S agreeable time in Dearborn, Michigan, a collection of documents and other materials pertaining to 29 asbestos, which may contain information responsive to this request. Page 19 f( t To the extent this request seeks an additional or different response. Ford objects to this request 2 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 2 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 4 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 5 6 items sought 7 REQUEST FOR PRODUCTION NO. 35 S Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 9 INTERROGATORY No 24 and all subparts thereto, CONCERNING lung, respiratory and/or cancer10 related injuries and ailments 11 RESPONSE: 12 12 Ford refers to and incorporates herein us response and objections to Request for Production 14 No, 34. 15 REQUEST-FOR PRODUCTION NO. 36 16 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 17 CONCERNING any and all information sought in STANDARD INTERROGATORY No. 25 and all is 19 subparts thereto (regarding Workers' Compensation claims CONCERNING lung, respiratory and/or 20 cancer-related injuries and ailments) including, but not limited to, pleadings, memoranda, 21 correspondence, or notices 22 RESPONSE: 23 Ford's records do not permit retrieval of specific information requested by this interrogatory 24 because alleged injuries are described in general terms such as lungs, chest, back, silicosis, bronchitis, 25 26 emphysema, pneumoconiosis, cough, pulmonary system, etc , resulting from exposure to "deleterious 27 substances" or "atmospheric pollutants ' It is impossible to ascertain from these records whether or not 23 the alleged injury was associated with asbestos exposure. Furthermore, because of the differences in 29 occupational exposure, the information sought would not be relevant to the claims asserted herein Page 20 (( ! REQUEST FOR PRODUCTION NO. 37 i Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD i INTERROGATORY No 25 and all subpans thereto 4 RESPONSE: 1 6 Ford's records do not permit retrieval of specific information requested by this interrogatory 7 because alleged injuries are described in general terms such as lungs, chest, back, silicosis, bronchitis, s emphysema, pneumoconiosis, cough, pulmonary system, etc , resulting from exposure to "deleterious 9 substances" or "atmospheric pollutants " It is impossible to ascertain from these records whether or not 10 the alleged injury was associated with asbestos exposure Furthermore, because of the differences in 11 occupational exposure, the information sought would not be relevant to the claims asserted herein. 12 n REQUEST FOR PRODUCTION NO. 38 14 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 13 CONCERNING any and all tnformaaon sought in STANDARD INTERROGATORY No 27 and all 16 subparts thereto 17 RESPONSE: IS 19 Ford states that it does not have any documents in its possession, custody or control that are 20 responsive to this request 21 REQUEST FOR PRODUCTION NO. 39 22 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 23 CONCERNING any and all information sought in STANDARD INTERROGATORY No 28 and all 24 subpans thereto (regarding any agreements for the rebranding of YOUR ASBESTOS-CONTAINING 23 26 FRICTION PRODUCTS for resale or distribution by another person or ennty) 27 RESPONSE: 28 Assuming that this request asks whether Ford sells any asbestos-containing friction products to 29 others for resale, Ford responds that it engaged in the sale of asbestos-containing brake and clutch Pge 21 (( I service replacement parts Ford purchases brake and clutch assemblies from suppliers and markets 2 them as new products urder the Ford logo The remanufacmred product is produced by "Authorized" 3 remanufacrurers who either buy components directly from Ford or use "Ford Quality" components 4 purchased elsewhere These products are marketed under the name of Ford Authorized 5 6 Re manufacturers Ford will produce a list of Ford Authorized Remanufacturers T Ford states chat it will make available for inspection at a mutually agreeable tune m Dearborn, 3 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 9 information responsive to this request 10 Ford believes that most or all of the documents for which the information requested in this li request could only be derived from are no longer available due to the extreme passage of tune Ford 12 13 objects to this request on the grounds that it (a) is overly broad and unlimited in scope, (b) seeks 14 information that ts neither relevant to the subject matter of this action nor reasonably calculated to lead 13 to the discovery of admissible evidence, and (c) is unduly burdensome and oppressive. 16 REQUEST FOR PRODUCTION NO. 40 17 Produce any and all DOCUMENTS referenced m YOUR responses to STANDARD 13 19 INTERROGATORY No 28 and all subparts thereto. 20 RESPONSE: 21 Ford refers to and incorporates herein its response and objections to Request for Production 22 No 39 23 REQUEST FOR PRODUCTION NO. 41 24 Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 23 26 information relevant, as defined in C C.P 2017, to STANDARD INTERROGATORY Nos. 29, 27 including any and all invoices, purchase orders, ledgers, bills of lading, brochures, memos, letters, 23 contracts and any and all other documents that reflect, depict or otherwise reference all purchases of 29 ASBESTOS-CONTAINING FRICTION PRODUCTS by YOU during the years 1930 through 1985 Pige 22 (( s RESPONSE: 1 Ford refers to and incorporates herein its response and objections to Request for Production 3 No 39 4 REQUEST FOR PRODUCTION NO. 42 5 6 Produce any and ail DOCUMENTS in YOUR possession, custody and/or control 7 CONCERNING, YOUR sales of ASBESTOS-CONTAINING FRICTION PRODUCTS which included a brake linings, pads and dutch facings under names including but not necessarily limited to Ford, 9 Mercury, Ford Authorized Remanufactures, Motorcraft and other lines and senes during the years 10 1930 through 1985 ii RESPONSE: 12 13 Ford refers to and incorporates herein its response and objections to Request for Production 14 No 39 15 REQUEST FOR PRODUCTION NO. 43 ` "` " 16 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 17 CONCERNING, YOUR use of ASBESTOS-CONTAINING FRICTION PRODUCTS which included 18 19 brake Iuungs, pads and clutch facings under names including but not necessarily limited to Ford, 20 Mercury, Ford Authorized Remanufacturers, Motorcraft and other lines and senes during the years 2! 1930 through 1985. 22 RESPONSE: 23 Ford refers to and incorporates herein its response and objections to Request for Producnor 24 No. 39. 25 26 REQUEST FOR PRODUCTION NO. 44 27 Produce any and all DOCUMENTS m YOUR possession, custody and/or control 2S CONCERNING, YOUR contracting with others to do work involving ASBESTOS-CONTAINING 29 FRICTION PRODUCTS which included brake Iuungs, pads and dutch facings under names including Page 23 (( I but not necessarily limited to Ford, Mercury, Ford Authorized Remanufacturers, Motorcraft and other 2 lines and senes during the years 1930 through 1985 3 RESPONSE: 4 Ford states that it does not have any documents in its possession, custody or control that are 5 6 responsive to this request 7 REQUEST FOR PRODUCTION NO. 45 a Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 9 informauon relevant, as defined in C C P 2017, to STANDARD INTERROGATORY No 30, 10 including any and all previous historical lists, revised historical lists, invoices, purchase orders, It ledgers, bills of lading, brochures, memos, letters, contracts and any and all other documents that 12 13 reflect, depict or otherwise reference any purchases and/or acquisition of ASBESTOS-CONTAINING 14 FRICTION PRODUCT lines by YOU during the years 1930 through 1985 15 RESPONSE: ------ 16 Without waiving the objections stated below, Ford states that it sold vehicles and replacemeni 17 parts which included asbestos-containing brake linings, pads and clutch facings through franchised Fore IS 19 dealers and authorized distributors in [he United States, under names such as Ford, Mercury, Ford a Authorized Remanufacturers, and under vanous lines and senes names such as Motorcraft. Ford has 21 not manufactured asbestos-containing brake linings, pads or clutch facings. Such components were 22 purchased from suppliers to Ford 23 Ford states that it will make available for inspection at a mutually agreeable tune in Dearborn, 24 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 23 : information responsive to this request. 27 Ford believes that most or ail of the documents for which the information requested in this 2ft request could only be derived from are no longer available due to the extreme passage of time. Ford 29 objects to this request on the grounds that it (a) is overly broad and unlimited in scope, (b) seeks Pige 24 (( I information that is neither relevant to the subject matter of this action nor reasonably calculated to lead 2 to the discovery of admissible evidence, and (c) is unduly burdensome and oppressive 3 REQUEST FOR PRODUCTION NO. 46 4 Produce any and all DOCUMENTS in YOUR possession, custody and control that contain i 6 information relevant, as defined in C.C P 2017, to STANDARD INTERROOATORY No 31, 7 including any and all previous historical lists, revised historical lists, invoices, purchase orders, 3 ledgers, bills of lading, brochures, memos, letters, contracts and any and all other documents that 9 reflect, depict or otherwise reference any sales of ASBESTOS-CONTAINING FRICTION PRODUCT to lines by YOU during the years 1930 through 1985 It RESPONSE: II 13 Ford refers to and incorporates herein its response and-objections to Request for Producnon 14 No 45 15 REQUEST FORPRQDUCTION NO. 47 16 Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 17 information relevant, as defined in C.C P, 2017, to STANDARD INTERROGATORY No. 31, 13 19 including any and all previous historical lists, revised historical lists, invoices, purchase orders, 20 ledgers, bills of lading, brochures, memos, letters, contracts and any and all other documents that 21 reflect, depict or otherwise reference any sales, distribution and/or supply by YOU of any and all 22 replacement parts consisting of ASBESTOS-CONTAINING FRICTION PRODUCTS during the years 23 1930 through 1985 24 RESPONSE: 25 26 Ford refers to and incorporates herein its response and objecuons to Request for Production 27 No 45 28 29 Page 25 ( ' ( [ REQUEST FOR PRODUCTION NO. 48 2 Produce any and all DOCUMENTS tn YOUR possession, custody and control that contain 3 information relevant, as defined inCCP 2017, to STANDARD INTERROGATORY No 31, 4 including any and all previous historical lists, revised historical lists, invoices, purchase orders, S 6 ledgers, bills of lading, brochures, memos, letters, contracts and any and all other documents that 7 reflect, depict or otherwise reference any sales, distribution and/or supply by YOU of any parts I I S consisting of ASBESTOS-CONTAINING FRICTION PRODUCTS during the years 1930 through 9 1995 10 RESPONSE: II Ford refers to and incorporates herein its response and objections to Request for Production 12 13 No 45 _____ ___ 14 REQUEST FOR PRODUCTION NO. 49 1J Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 16 information relevant, as defined in C.C P 2017, to STANDARD INTERROGATORY No 32, 17 including any and all brochures, pamphlets, catalogs or other advertising relating to ASBESTOS- IS 19 CONTAINING FRICTION PRODUCTS and/or RAW ASBESTOS manufactured, sold, distributed or 20 otherwise supplied by YOU during the years 1930 through 1985 21 RESPONSE: 22 Ford has not manufactured asbestos-containing friction products for use in its vehicles. Ford 23 purchased these products as pre-assembled parts, which were subsequently installed in its vehicles ot 24 sold as replacement parts Most promotional material concerning such products would pertain to the 25 26 vehicle as a whole or to pre-assembled replacement parts Furthermore, Ford is not aware of any sale: 27 or promotional literature which describe asbestos-containing friction products. However, in the spiru 28 of cooperation. Ford will produce a copy of a sample aftermarket carton. 29 Pige 26 (( 1 REQUEST FOR PRODUCTION NO. 50 2 Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 3 information relevant, as defined in C C P 2017, to STANDARD INTERROGATORY No 33, 4 including but not limited to all memorandum concerning and correspondences between Dr Selikoff and 3 6 Dr Roy Gealer, memorializing their conversations concerning the hazards of asbestos 7 RESPONSE: S Ford states that scattered case reports of carcinoma m persons occupationally exposed to 9 asbestos began appearing in the literature in the 1930s Ford cannot state, however, when a Ford [0 employee first had knowledge of such information It is known, however, that the initial knowledge of U a suggestion of potential hazards associated with asbestos-lined brakes came in a telephone call from 12 13 Dr Selikoff to Dr Roy Gealer of Ford Research.and Engineering in April 1975 Ford cannot state 14 when it or any of its employees First had knowledge of asbestos-related disease among Ford employees U REQUEST FOR PRODUCTION NO. 51 16 Produce any and ail reports of carcinoma m persons occupationally exposed to asbestos in 17 YOUR possession, custody and control that contain information relevant, as referenced in YOUR LB RESPONSES to STANDARD INTERROGATORY No 33 19 20 RESPONSE: 21 Ford states that scattered case reports of carcinoma in persons occupationally exposed to 22 asbestos began appearing in the literature in the 1930s. Ford cannot state, however, when a Ford 23 employee first had knowledge of such information. It is known, however, chat the initial knowledge of 24 a suggestion of potential hazards associated with asbestos-lined brakes came in a telephone call from 25 26 Dr Selikoff to Dr Roy Gealer of Ford Research and Engineering in April 1975 Ford cannot state 27 when it or any of its employees first had knowledge of asbestos-related disease among Ford employees 2S 29 27 f( 1 REQUEST FOR PRODUCTION NO. 52 2 Produce any and all DOCUMENTS in YOUR possession, cusrody or control CONCERNING 3 any and all warnings that YOU provided to YOUR employees about any and ail hazards associated 4 with exposure of dust in the manufacturing process of ASBESTOS-CONTAINING FRICTION J 6 PRODUCTS prior to 1985 T RESPONSE: 8 Without waiving the objections stated below, Ford states that it began using the 9 following warning on its cartons in 1980. 10 11 CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST 12 BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM WHEN 13 SERVICING THIS BRAKE LINING ORAJ1Y COMPONENT RELATED TO IT OR 14 LOCATED NEAR IT, PREVENT ASBESTOS DUST FROM BEING AIRBORNE BY 13 VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM 16 CLEANER EQUIPPED WITH A HIGH EFFICIENCY FILTER SYSTEM AND BY 17 WASHING THE ASSEMBLY WITH AN APPROPRIATE BRAKE PARTS WASHER IS IF NECESSARY NEVER REMOVE DUST OR DIRT FROM THIS ASSEMBLY BY 19 BLOWING WITH COMPRESSED AIR 20 Ford will produce a sample aftermarket carton 21 22 Ford issued an August 3, 1973, memorandum to Plant Safety Engineers directing that brake 23 drums be cleaned using industrial type vacuum cleaners The memo directed that air hoses should not 24 be used to clean brake drums. Simultaneously, Maintenance Bulletin 137 was issued by the Plant 23 Engineering Office to the same effect. 26 On October 24, L975. Ford Technical Service Bulletin 99 was distributed to Ford and Lrncoln- 27 Mercury Dealers It recommended that a vacuum cleaner be used far cleaning brakes. In January 1976, 2S 29 a Technical Service Bulletin 104 was issued to the dealers indicating that Ford recommended the use of an Page 28 (( 1 industrial vacuum cleaner in brake cleaning operations The 1977 edition of the Rotunda Catalog anc 2 Ford's Shop Manual for Dealerships recommended that brakes not be cleaned with an air hose and that a 3 vacuum cleaner be used for this purpose In November L983, Ford issued Bulletin No 83-22 on brake 4 and clutch servicing Technical Service Bulletins are presently distributed to approximately 29.000 Fore 5 6 and Lmcoln-Mercury dealer technicians These documents are the results of corporate aenviry and are noi 7 the work of any single author These bulletins have not been superseded In the spirit of cooperation, 8 Ford will produce a copy of the above described documents Additionally, as mentioned in Ford': 9 Preliminary Statement, Ford will make available for inspection at a mutually agreeable time in Dearborn, 10 Michigan, a collection of II documents and other materials pertaining to asbestos, which may contain information responsive to this 12 13 request. 14 To the extent this request seeks an additional or different response. Ford objects to this request 13 on the grounds that it (a) is overly broad, (b) seeks information that is neither relevant to the subject 16 matter of this lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the 17 trial of this matter, (c) is unduly burdensome and oppressive, and (d) does not adequately designate the 13 19 items sought. 20 REQUEST FOR PRODUCTION NO. 53 21 Produce any and all DOCUMENTS in YOUR possession, custody or control CONCERNING 22 any and all measures that YOU took to protect YOUR employees from exposure to asbestos and/or 23 dust in the manufacturing process of ASBESTOS-CONTAINING FRICTION PRODUCTS prior to 24 1985 23 26 RESPONSE: 27 Ford refers to and incorporates herein its response and objections to Request for Production 23 No 52. 29 Page 29 (( [ REQUEST FOR PRODUCTION NO. 54 2 Produce any and all DOCUMENTS in YOUR possession, custody or control CONCERNING 3 any and all marketing materials, labeling, product packaging, logos used on packaging, advertising, 4 depictions on packaging and catalogues caused to be published anchor produced by YOU for any and J 6 all ASBESTOS-CONTAINING FRICTION PRODUCTS prior to 1985 7 RESPONSE: Ford refers to and incorporates herein its response and objections to Request for Production 9 No 52 10 REQUEST FOR PRODUCTION NO. 55 1! Produce any and all DOCUMENTS in YOUR possession, custody or control CONCERNING 12 13 any and ail warnings regarding asbestos that YOU contemplated placing and/or actually placed m 14 and/or on any and all marketing materials, product packaging, advertising and catalogues relating to 13 any and all ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured, sold, supplied and/or 10 distributed by YOU prior to 1985 17 RESPONSE: 13 19 Ford refers to and incorporates herein its response and objections to Request for Production 20 No 52 21 REQUEST FOR PRODUCTION NO. 56 22 Produce any and all DOCUMENTS in YOUR possession, custody or control CONCERNING 23 any and all warnings regarding asbestos THAT YOU communicated to any other PERSON relating to 24 any and all ASBESTOS-CONTAINING FRICTION PRODUCTS manufactured, sold, supplied and/or 23 26 distributed by YOU prior to 1985 27 RESPONSE: 28 Ford refers to and incorporates herein its response and objections to Request for Production 29 No 52 Page 30 (( I REQUEST FOR PRODUCTION NO. 57 2 Produce any and al! DOCUMENTS in YOUR possession, custody or control CONCERNING 3 any and al! warnings regarding asbestos communicated to YOU by any other PERSON prior to 1985 4 RESPONSE: 3 6 Ford refers to and incorporates herein its response and objections to Request for Production 7 No 52 a REQUEST FOR PRODUCTION NO. 58 9 Produce any and_al! DOCUMENTS in YOU Repossession, custody and control that contain 10 information relevant, as defined in C.C P 2017, to STANDARD INTERROGATORY No. 34. 11 RESPONSE: 12 13 Ford cannot state when a Ford employee first had knowledge of such information It is known, 14 however, that the initial knowledge of a suggestion of potential hazards associated with asbestos-lined 13 brakes came m a telephone call from Dr Selikoff to Dr Roy Geaier of Ford Research and Engineering 16 in April 1975 17 Ford cannot state when it or one of its employees first had knowledge of asbestos-related IS 19 disease among its employees Furthermore, because of the difference in occupational exposure, the 20 information sought would not be relevant to the claims asserted herein. 21 Ford further states that it will make available for inspecnon at a mutually agreeable time u 22 Dearborn, Michigan, a collecnon of documents and other materials pertaining to asbestos, which may 23 contain information responsive to this request. 24 REQUEST FOR PRODUCTION NO. 59 23 26 Produce any and ail DOCUMENTS in YOUR possession, custody or control CONCERNING 27 any knowledge YOU possessed CONCERNING the health hazards associated with exposure to asbestos 28 prior to 1985, 29 Page 31 (( I RESPONSE: 2 Ford cannot state when a Ford employee First had knowledge of such information It is known, 3 however, that the initial knowledge of a suggestion of potential hazards associated with asbestos-lined 4 brakes came tn a telephone call from Dr Selikoff to Dr Roy Gealer of Ford Research and Engineering 5 6 in April t975 7 Ford cannot state when it or one of its employees first had knowledge of asbestos-re la ted a disease among its employees Furthermore, because of the difference m occupational exposure, the 9 information sought would not be relevant to the claims asserted herein. 10 Ford states that it will make available for inspection at a mutually agreeable tune in Dearborn, 11 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 12 13 information responsive-io-this-request -- ------- -------------------------------------------------------- 14 REQUEST FOR PRODUCTION NO. 6Q 13 Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 16 information relevant, as defined in C.C P 2017, to STANDARD INTERROGATORY No 35. 17 RESPONSE: IS 19 Ford cannot state when a Ford employee first had knowledge of such information It is known, 20 however, chat the initial knowledge of a suggestion of potential hazards associated with asbestos-lined 21 brakes came m a telephone call from Dr Selikoff to Dr Roy Gealer of Ford Research and Engineering 22 m April 1975. 23 Ford cannot state when it or one of its employees first had knowledge of asbestos-related 24 disease among its employees Furthermore, because of the difference in occupational exposure, the 23 26 information sought would not be relevant to the claims asserted herein. 27 Ford states that it will make available for inspection at a mutually agreeable time in Dearborn, 28 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 29 information responsive to this request. Page 32 (c 1 REQUEST FOR PRODUCTION NO. 61 1 Produce any and all DOCUMENTS m YOUR possession, custody and control that contain 3 information relevant, as defined in C C P 2017. to STANDARD INTERROGATORY No 36 4 RESPONSE: 5 6 Ford did not issue any warning to its employees concerning the hazards of asbestos because it 7 purchased brake and clutch assemblies which were already preassembled and affixed to metal shoes or 8 plates Since these products were installed as assemblies the employees were not subjected to any 9 exposure ___ ___ _ .. ________ _____ - 10 Ford states that it will make available for mspecuon at a mutually agreeable time in Dearborn, 11 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 12 13 information responsivejo thimequest, ______ -------------------------- --------------------------- 14 REQUEST FOR PRODUCTION NO. 62 13 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 16 CONCERNING any and all information sought m STANDARD INTERROGATORY No. 37 and all 17 subparts thereto (regarding whether you ever issued a written policy discontinuing any warning to your 18 19 employees that exposure to asbestos, RAW ASBESTOS, or ASBESTOS-CONTAINING FRICTION 20 PRODUCTS could be hazardous to human health) including, but not limited to, bulletins, memoranda, 21 correspondence, or notices 22 RESPONSE: 23 Ford did not issue any warning to its employees concerning the hazards of asbestos because it 24 purchased brake and clutch assemblies which were already preassembled and affixed to metal shoes or 23 26 plates Since these products were installed as assemblies the employees were not subjected to any 27 exposure 28 29 Pige 33 (r t REQUEST FOR PRODUCTION NO. 63 2 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 3 INTERROGATORY No 37 and all subparts thereto 4 RESPONSE: i 6 Ford did not issue any warning to its employees concerning the hazards of asbestos because it 7 purchased brake and clutch assemblies which were already preassembled and affixed to metal shoes or S plates Since these products were installed as assemblies the employees were not subjected to any 9 exposure __ ___________ 10 REQUEST FOR PRODUCTION NO. 64 II Produce any and all DOCUMENTS in YOUR possession, custody and/or control 12 13 CONCERNING any and_all information sought in STANDARD INTERROGATORY No 38 and all 14 subparts thereto (regarding YOUR import, export, shipment, transshipment or any other transport of 13 RAW ASBESTOS into, out of or through any port in the GEOGRAPHIC AREA during the years 1930 16 through 1985) including, but not limited to, contract, s, subcontracts, invoices, purchase orders, 17 packing slips, bills of lading, receipts, lists of customers, brochures, product catalogs, advertisements, 18 19 specifications, product data sheets, product safety sheets, fliers, and package inserts 20 RESPONSE: 21 Ford states that it does not have any documents m its possession, custody or control that are 22 responsive to this request, 23 REQUEST FOR PRODUCTION NO. 65 24 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 23 26 CONCERNING any and all information sought in STANDARD INTERROGATORY No 39 and all 27 subparts thereto (regarding any and all products manufactured by YOU or YOUR predecessors-tn- 28 interest that contained or incorporated ASBESTOS-CONTAINING FRICTION PRODUCTS during the 29 years 1930 through 1985) including, but not limited to, brochures, photographs, product catalogs, Pge34 (( I 1 advertisements, specifications, product data sheets, product safety sheets, fliers, package inserts, 2 directions for use, and labels, logos, pictures, and/or drawings located on any box, carton, or other 3 packaging, and samples or exemplars of such box, carton, or other packaging 4 RESPONSE; S 6 Without waiving the objections stated below. Ford states that it did not manufacture asbestos- 7 containing brake or clutch products for use m its vehicles Ford purchased preassembled brake and 8 clutch assemblies which were installed m vehicles or sold as replacement parts Therefore, most 9 promotional material concerning brakes or clutch assemblies would pertain to the vehicle as a whole or to to pre-assembled replacement parts LI 12 Ford states that it began using the following warning on its cartons in 1980- 13 CAUTION CONTAINS ASBESTOS FIBERS AVOID CREATING DUST 14 BREATHING ASBESTOS DUST MAY CAUSE SERIOUS BODILY HARM. WHEN 13 - SERVICING THIS BRAKE LINING OR ANY COMPONENT RELATED TO IT OR 16 LOCATED NEAR IT, PREVENT ASBESTOS DUST FROM BEING AIRBORNE BY 17 VACUUMING THIS ASSEMBLY WITH AN INDUSTRIAL TYPE VACUUM |g CLEANER EQUIPPED WITH A HIGH EFFICIENCY FILTER SYSTEM AND BY 19 WASHING THE ASSEMBLY WITH AN APPROPRIATE BRAKE PARTS WASHER 20 IF NECESSARY NEVER REMOVE DUST OR DIRT FROM THIS ASSEMBLY BY 21 BLOWING WITH COMPRESSED AIR 22 23 Ford will produce a sample aftermarket canon. 24 Ford states that it will make available for inspection at a mutually agreeable tune in Dearborn, 23 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 26 information responsive to this request. 27 28 29 Page 33 (( I To the extent this request seeks an additional or different response, Ford objects on the grounds 2 that it is (a) is overly broad, (b) seeks information that is neither relevant to the subject matter of this 3 lawsuit nor reasonably calculated to lead to the discovery of admissible evidence at the trial of this 4 matter, (c) is unduly burdensome and oppressive, and (d) is vague and ambiguous 5 6 REQUEST FOR PRODUCTION NO, 66 7 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 8 CONCERNING any and alt information sought in STANDARD INTERROGATORY No 40 and all 9 subparts thereto (regarding the IDENTIFICATION of ASBESTOS-CONTAININO FRICTION 10 PRODUCTS that were contained in products manufactured by YOU or YOUR predecessors-in-mterest II during the years 1930 through 1985) including, but not limited to, brochures, photographs, product 12 13 catalogs, advertisements, specifications, product data-sheets,..product safety sheets, fliers, package H inserts, directions for use, and labels, logos, pictures, and/or drawings located on any box, canon, or 13 other packaging,-and samples or exemplars of such box,"carton, or other packaging. 16 RESPONSE: 17 " Ford refers to and incorporates herein its response and objections to Request for Production IS 19 No 65 20 REQUEST FOR PRODUCTION NO. 67 21 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 22 INTERROGATORY No 40 and all subparts thereto 23 RESPONSE: 24 Ford refers to and incorporates herein its response and objections to Request for Production 23 26 No 65_ Ford further states that it will produce a copy of the historical supplier list. 27 28 29 Psgt 36 (( I REQUEST FOR PRODUCTION NO. 68 2 Produce any and all DOCUMENTS m YOUR possession, custody and/or control 3 CONCERNING the sale and/or distribution of ASBESTOS-CONTAINING FRICTION PRODUCTS 4 To YOU by any business, entity or person during the years 1930 through 1985 5 6 RESPONSE: 7 Without waiving the objections stated below, Ford states that it sold vehicles and replacemeni 8 parts which included asbestos-containing brake linings, pads and clutch facings through franchised Fore 9 dealers and authorized distributors in the United States, under names such as Ford, Mercury, Fore 10 Authorized Remanufaccurers, and under various lines and senes names such as Motorcraft Ford has 11 12 not manufactured asbestos-containing brake linings, pads or clutch facings Such components were 13 purchased from suppliers to Ford 14 Ford states that it will make available for inspection at a mutually agreeable tune in Dearborn, 13 Michigan, _a collection of documents and other materials pertaining to asbestos, which may contain 13 information responsive to this request. - 17 Ford believes that most or all of the documents for which the information requested in this 18 19 request could only be derived from are no longer available due to the extreme passage of time Ford 20 objects to this request on the grounds that it (a) is overly broad and unlimited in scope, (b) seeks 21 information that ts neither relevant to the subject matter of this action nor reasonably calculated to lead 22 to the discovery of admissible evidence, and (c) is unduly burdensome and oppressive 23 REQUEST FOR PRODUCTION NO. 69 24 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 23 23 CONCERNING the sale and/or distribution of ASBESTOS-CONTAINING FRICTION PRODUCTS 27 by YOU during the years 1930 through 1985 within the GEOGRAPHIC AREA for any and all 28 automobiles, buses, light duty trucks, heavy duty trucks, farm equipment, off road vehicles. 29 Page 37 (( [ RESPONSE: 2 Ford refers to and incorporates herein its response and objections to Request for Production 3 No 68 4 REQUEST FOR PRODUCTION NO. 70 5 6 Produce any and ail DOCUMENTS in YOUR possession, custody and/or control 7 CONCERNING the sale and/or distribution, within the GEOGRAPHIC AREA, of YOUR ASBESTOS- S CONTAINING FRICTION PRODUCTS, during the years 1930 through 1985, by any business, entity 9 or person for any and all automobiles, buses, light duty trucks, heavy duty trucks, farm equipment, off 10 road vehicles II IZ RESPONSE: 13 Ford refers to and incorporates herein its response and objections to Request for Production 14 No 68 U REQUEST FOR PRODUCTION NO. 71 16 Produce any and all DOCUMENTS in YOUR possession, custody and control that contain 17 information relevant, as defined in C C P 2017, to STANDARD INTERROGATORY No. 41 18 19 RESPONSE: 20 Ford states that it will make available for inspection at a mutually agreeable time in Dearborn, 21 Michigan, a collecnon of documents and other materials pertaining to asbestos, which may contair 22 information responsive to this request. 23 Ford further states that it sells its vehicles and replacement pans through franchised dealers and 24 authorized distributors in every state It is not feasible to respond comprehensively to this interrogatory 25 26 because records containing potentially responsive information have been discarded in accordance with 27 Ford's record retention policy. The retention period for documents of this nature is less than 7 years 28 REQUEST FOR PRODUCTION NO. 72 29 Page 38 t (I 1 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 2 CONCERNING and relevant, as defined in C C P 2017, to any and all information sought in 3 STANDARD INTERROGATORY Nos 42 and 43, including all subparts thereto (regarding any and 4 all MARKETING of brake shoes, brake blocks, brake pads, brake linings, brake bands or any other 5 6 ASBESTOS-CONTAINING FRICTION PRODUCTS by YOU or YOUR predecessors-in-interest 7 during the years 1930 through 1985) a RESPONSE: 9 Ford refers to and incorporates herein its response and objections to Request for Production 10 No 65 11 REQUEST FOR PRODUCTION NO, 73 12 13 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 14 INTERROGATORY Nos 42 and 43, including ail subparts thereto. 15 RESPONSE: 16 Ford refers to and incorporates herein its response and objections to Request for Production 17 No 65 IS 19 REQUEST FOR PRODUCTION NO. 74 20 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 21 CONCERNING and relevant, as defined in C.C P 2017, to any and all information sought in 22 STANDARD INTERROGATORY Nos 44 and 45, including all subparts thereto (regarding any and 23 all MARKETING of dutch facings, clutch plates, automatic transmission plates or any other 24 ASBESTOS-CONTAINTNG FRICTION PRODUCTS by You or YOUR predecessors-in-interest 25 26 during the years 1930 through 1985). 27 RESPONSE: 28 Ford refers to and incorporates herein its response and objections to Request for Production 29 No 65 Page 39 (( 1 REQUEST FOR PRODUCTION NO. 75 2 Produce any and all DOCUMENTS referenced in YOUR responses 7o STANDARD 3 INTERROGATORY Nos 44 and 45, including all subparts thereto 4 RESPONSE: 5 6 Ford refers to and incorporates herein its response and objections to Request for Production 7 No 65 a REQUEST FOR PRODUCTION NO. 76 9 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 10 CONCERNING and relevant, as defined in C C P 2017, to any and all information sought in 11 STANDARD INTERROGATORY No 46 and all subparts thereto (regarding any and all 12 13 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 14 predecessors-in-mterest, to any ORIGINAL EQUIPMENT MANUFACTURERS during the years 1930 13 through 1985). 16 RESPONSE: ~ ' 17 Ford refers to and incorporates herein its response and objecnoas to Request for Production IS 19 No 65 20 REQUEST FOR PRODUCTION NO. 77 21 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 22 INTERROGATORY No. 46 and all subparts thereto 23 RESPONSE: 24 Ford refers to and incorporates herein its response and objecnoos to Request for Production 23 26 No 65 27 REQUEST FOR PRODUCTION NO, 78 2S Produce any and all DOCUMENTS in YOUR possession, custody and/or control 29 CONCERNING and relevant, as defined m C C P 2017, to any and all informanon sought tn Pge 40 ( 1 STANDARD INTERROGATORY No. 47 and all subparts thereto (regarding any and ail a MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 3 predecessors-in-interest, to any PRIVATE BRAND ACCOUNT CUSTOMERS during the years 1930 4 through 1985). 5 6 RESPONSE: 7 Ford refers to and incorporates herein its response and objections to Request for Production 8 No 65 9 REQUEST FOR PRODUCTION NO. 79 to Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD II INTERROGATORY No 47 and all subparts thereto 12 13 RESPONSE: 14 Ford refers to and incorporates herein its response and objections to Request for Production 13 No 65 . 16 REQUEST FOR PRODUCTION NO. 80 17 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 18 19 CONCERNING and relevant, as defined in C C P. 2017, to any and all information sought in 20 STANDARD INTERROGATORY No 48 and all subparts thereto (regarding any and all 21 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 22_ predecessors-in-interest during the years 1930 through 1985, to any AFTER MARKET or 23 REPLACEMENT PART RETAILER operating 10 or more stores in The GEOGRAPHIC AREA). 24 RESPONSE: 23 26 Ford refers to and incorporates herein its response and objections to Request for Production 27 No. 65. 28 Page 41 ( {t 1 REQUEST FOR PRODUCTION NO. 81 2 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 3 CONCERNING and relevant, as defined in C C P 2017, to any and all information sought in 4 STANDARD INTERROGATORY No 48{`B) (regarding the IDENTIFICATION of any and all 5 6 ASBESTOS-CONTAINING FRICTION PRODUCTS MARKETED by YOU or YOUR predecessors7 m-interest, during the years 1930 through 1985, to any AFTER MARKET or REPLACEMENT PART 8 RETAILER operating 10 or more scores in the GEOGRAPHIC AREA) 9 RESPONSE: 10 Ford refers to and incorporates herein its response and objections to Request for Production 1L No 65 12 13 REQUEST FOR PRODUCTION NO. 82 14 Produce any and ail DOCUMENTS referenced in YOUR responses to STANDARD 13 INTERROGATORY No 48 and all subparts thereto 16 RESPONSE: 17 Ford refers to and incorporates herein its response and objections to Request for Production IS 19 No 65 20 REQUEST FOR PRODUCTION NO. 83 21 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 22 CONCERNING and relevant, as defined in C C.P 2017, to any and all mforaiauon sought in 23 STANDARD INTERROGATORY No. 49 and all subparts thereto (regarding any and all 24 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 23 26 predecessors-m-uiterest during the years 1930 through 1985, to any warehouse distributor who 27 MARKETED the product under YOUR name in the GEOGRAPHIC AREA) 28 29 Page 42 (( 1 RESPONSE: 2 Ford refers to and incorporates herein its response and objections to Request for Production 3 No 65 4 REQUEST FOR PRODUCTION NO. 84 5 6 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 7 INTERROGATORY No 49 and all subparts thereto. t RESPONSE: 9 Ford refers to and incorporates herein its response and objections to Request for Production 10 No 65 1! REQUEST FOR PRODUCTION NO. 85 12 13 Produce any and all DOCUMENTS in YOUR possession, custody an<Uor control 14 CONCERNING and relevant, as defined m C C P. 2017, to any and all information sought m LJ STANDARD INTERROGATORY No 50 and all subparts thereto (regarding any and all 16 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 17 predecessors-in-interest during the years 1930 through 1985, to any warehouse distributor who 18 19 MARKETED the product under a name other than YOURS in the GEOGRAPHIC AREA) 20 RESPONSE: 21 Ford refers to and incorporates herein its response and objections to Request for Production 22 No 65 23 REQUEST FOR PRODUCTION NO, 86 24 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 23 26 INTERROGATORY No 50 and all subparts thereto. 27 RESPONSE: 28 Ford refers to and incorporates herein its response and objections to Request for Production 29 No 65 P**e 43 i > ( I I REQUEST FOR PRODUCTION NO. 87 2 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 3 CONCERNING and relevant, as defined m C C P 2017, to any and all information sought in 4 STANDARD INTERROGATORY No 51 and all subparts thereto (regarding any and all 5 6 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 7 predecessors-in-interest during the years 1930 through 1985, to any retailer operating 10 or more stores 8 in the GEOGRAPHIC AREA Who sold such products under YOUR name in the GEOGRAPHIC 7 AREA) 10 RESPONSE: 11 Ford refers to and incorporates herein its response and objections to Request for Production 12 12 No 65 H REQUEST FOR PRODUCTION NO. 38 15 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 16 INTERROGATORY No, 51 and all subparts thereto. 17 RESPONSE: IS 19 Ford refers to and incorporates herein us response and objections to Request for Production 20 No 65 21 REQUEST FOR PRODUCTION NO. 89 22 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 23 CONCERNING and relevant, as defined in C.C.P 2017, to any and all information sought in 24 STANDARD INTERROGATORY No 52 and all subparts thereto (regarding any and all 25 26 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 27 predecessors-in-interest during the years 1930 through 1985, to any retailer operating 10 or more stores 26 in the GEOGRAPHIC AREA who sold such products under a name other than YOURS in the 29 GEOGRAPHIC AREA) Page 44 (( 1 RESPONSE: I Ford refers to and incorporates herein its response and objections to Request for Production 3 No 65 4 REQUEST FOR PRODUCTION NO. 90 3 S Produce any and aJJ DOCUMENTS in YOUR possession, custody and/or control 7 CONCERNING and relevant, as defined m C.C P 2017, to any and all information sought in 9 STANDARD INTERROGATORY No 53 and all subparts thereto (regarding any and all 9 MARKETl'NG of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 10 predecessors-in-interest, to any FABRICATOR OF ORIGINAL EQUIPMENT PARTS during the 11 years 1930 through 1985) 12 13 RESPONSE: 14 Ford refers to and incorporates herein its response and objections to Request for Production 13 No. 65 16 REQUEST FOR PRODUCTION N0791 17 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD IS 19 INTERROGATORY No. 53 and all subparts thereto, 20 RESPONSE: 21 Ford refers to and incorporates herein its response and objections to Request for Production 22 No. 65 23 REQUEST FOR PRODUCTION NO. 92 24 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 23 26 CONCERNING and relevant, as defined in C C.P. 2017, to any and all information sought in 27 STANDARD INTERROGATORY No 54 and ail subparts thereto (regarding any and all 28 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 29 Page 43 f( I predecessors-m-tnierest, to any agency or department of the U S Government during the years 1930 2 through 1985) 3 RESPONSE: 4 Ford refers to and incorporates herein its response and objections to Request for Production J 6 No 65 7 REQUEST FOR PRODUCTION NO. 93 8 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 9 INTERROGATORY No. 54 and all subparts thereto 10 RESPONSE: 11 Ford refers to and incorporates herein its response and objections to Request for Production 12 13 No. 65 14 REQUEST FOR PRODUCTION NO. 94 13 Produce any and all DOCUMENTS in.YOU^possession, custody and/or control 16 CONCERNING and relevant, as defined in C.C.P 2017, to any and all information sought in 17 STANDARD INTERROGATORY No. 55 and all subpans thereto-(regarding any and all 18 19 MARKETING of ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR 20 predecessors-in-mterest, to any agency or department of any governmental entity other than the U S 21 Government during the years 1930 through 1995). 22 RESPONSE: 23 Ford refers to and incorporates herein its response and objections to Request for Production 24 No 65 23 26 REOUEST FOR PRODUCTION NO. 95 b 27 Produce any and all DOCUMENTS referenced in YOUJt responses to STANDARD 28 INTERROGATORY No. 55 and all subparts thereto 29 Pige 46 fr I RESPONSE: 2 Ford refers to and incorporates herein its response and objections to Request for Production 3 No 65 i REQUEST FOR PRODUCTION NO. 96 5 6 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 7 CONCERNING and relevant, as defined in C.C.P 2017, to any and ail information sought in a STANDARD INTERROGATORY No 56 and all subparts thereto (regarding YOUR purchases or 9 acquisition of any and all RAW ASBESTOS from the General Services Administration or any other 10 branch or agency of the U S Government during the years 1930 through 1985) II RESPONSE: 12 13 Ford has not manufactured asbestos-containing brake parts used in its production, vehicles and, 14 therefore, has not purchased processed asbestos used in their manufacture 13 REQUEST FOR PRODUCTION NO. 97 16 ______ Produce.any and all DOCUMENTS m YOUR possession, custody and/or control 17 CONCERNING and relevant as defined m C.C.P. 2017, to any and all information sought in ia 19 STANDARD INTERROGATORY No 57 and all subparts thereto (regarding any and all warnings as 20 to the health hazards of asbestos) including, but not limited to, photographs, labels, packaging, / 21 containers, tags, package inserts, pamphlets, brochures, catalogs, advertising materials and samples or 22 exemplars of any box, carton, or other packaging 23 RESPONSE: 24 Ford has not manufactured asbestos-containing brake parts used in its production vehicles and, 23 26 therefore, has not purchased processed asbestos used in their manufacture. 27 REQUEST FOR PRODUCTION NO. 98 28 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 29 CONCERNING and relevant, as defined in C.C P 2017, to any and all information sought in Page 47 .* r' 1 STANDARD INTERROGATORY No 58 and all subparts thereto (regarding surveys, tests and/or 2 studies of ambient dust levels conducted on YOUR behalf at vehicle repair facilities, vehicle 3 maintenance facilities, or any other place where ASBESTOS-CONTAINING FRICTION PRODUCTS 4 were installed, utilized, or removed) including, but not limited to, reports, studies, notes, memoranda, 3 6 videotapes, photographs, films, test results, mathematical calculations, formulas, rough drafts, 7 procedure and/or protocol descriptions and contracts. 8 RESPONSE: 9 Ford refers to and incorporates herein its response and objecnons to Request for Production 10 No 26 11 12 REQUEST FOR PRODUCTION NO. 99 13 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 14~ INTERROGATORY No"58 and'SlI subparts thereto 13 RESPONSE: "" 16 Ford refers to and incorporates herein its response and objections to Request for Production 17 No. 26. IS 19 REQUEST FOR PRODUCTION NO. 100 20 Produce any and all DOCUMENTS m YOUR possession, custody and/or control 21 CONCERNING and relevant, as defined in C.C.P. 2017, to any and all information sought in 22 STANDARD INTERROGATORY No 59 and ail subparts thereto (regarding any and all of YOUR 23 instructions and/or recommendations CONCERNING the installation, removal, use, maintenance 24 and/or servicing of any and all ASBESTOS-CONTAINING FRICTION PRODUCTS) including, but 23 26 not limited to, photographs, labels, packaging, containers, tags, package inserts, pamphlets, brochures, 27 catalogs, advertising materials and samples or exemplars of any box, carton, or other packaging. 28 29 Pge48 (( l I RESPONSE: 1 Ford refers to and incorporates herein its response and objections to Request for Production 3 No 52 4 REQUEST FOR PRODUCTION NO. 101 5 6 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 7 rNTERROGATORY No 59 and all subparts thereto 3 RESPONSE: _.9. ` Ford refers to and incorporates herein its response and objections to Request for Production 10 No. 52 11 request for PRODUCTION NO. 102 12 13 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 14 CONCERNING TandTelevantTaTdefined'urCTCP' 2017, to 'any and all information sought in 13 -STANDARD INTERROGATORY No. 60 and all subparts thereto (regarding any and all exclusive 16 dtstfibutdrshipTrexcrusive sales'agreemencs, exclusive purchasing agreements, exclusive dealings 17 contracts or any other exclusive business relationships existing between YOU and any other PERSON IS 19 or entity for the purpose of marketing, purchasing, selling, supplying, distributing, and/or relabeling 20 RAW ASBESTOS and/or ASBESTOS-CONTAINING FRICTION PRODUCTS during the years 1930 21 through 1985 22 RESPO...N. S` E: " ' '" i 23 Ford states that it does not have any documents in its possession, custody or control that are 14 responsive to this request. 25 26 Ill 27 in 23 m 29 Page 49 ( 1 REQUEST FOR PRODUCTION NO. 103 2 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD 3 INTERROGATORY No 60 and all subpans thereto 4 RESPONSE: 5 6 Ford states that it does not have any documents in its possession, custody or control that are 7 responsive to this request a REQUEST FOR PRODUCTION NO. 104 9 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 10 CONCERNING and relevant, as defined in C C P 2017, to any and all information sought in u STANDARD INTERROGATORY No 61 and all subparts thereto (regarding the of any and all 12 13 ASBESTOS-CONTAINING FRICTION PRODUCTS, by YOU or YOUR predecessors-in-mterest, at 14 any and all wholesale or retail businesses or stores in the DEFINED GEOGRAPHIC AREA owned or 13 operated by YOU or YOUR predecessors-m-Laterest during years 1930 through 1985. 16 RESPONSE: 17 Without waiving any of the objections stated below. Ford states that it has not mined, processec 16 19 or manufactured asbestos-containing {fiction products. Ford sold replacement parts which included 20 asbestos-containing brake linings, pads and clutch facings under names such as Ford, Mercury, Ford 21 Authorized Remanufacturers, and under various lines and series names such as Motorcraft. No one 22 person was responsible for "creating, directing, or setting the policy" at Ford with regard to asbestos- 23 containing friction products. However, Mr. Frederick King, a Ford Design Analysis engineer, is 24 generally knowledgeable regarding asbestos-containing friction products 23 26 Ford states that it will make available for inspection at a mutually agreeable time in Dearborn, 27 Michigan, a collection of documents and other materials pertaining to asbestos, which may contain 2! informauon responsive to this request. 29 PigeSO <r 1 To the extent that this request seeks an additional or different response, Ford objects on the 2 grounds that it calls for information protected by the attorney-client, attorney work product and/or trade 3 secret privileges. 4 J 6 REQUEST FOR PRODUCTION NO. 105 7 Produce any and all DOCUMENTS referenced in YOUR responses to STANDARD S INTERROGATORY No 61 and all subparts thereto 9 RESPONSE: 10 Ford refers to and incorporates herein its response and objections to Request for Production 11 No 104. 12 13 REQUEST FOR PRODUCTION NO, 106 14 Produce any and all DOCUMENTS in YOUR possession, custody and/or control 13 CONCERNING and relevant, as defined in C.C.P. 2017, to any and all information sought in 16 -STANDARD INTERROGATORY No. 62 and all subparts thereto (regarding any and all testimony by 17 any PERSON IDENTIFIED in your responses to any and all STANDARD INTERROGATORY 18 19 questions) including, but not limited to, deposition transcripts. 20 RESPONSE: 21 ' Ford refers to and incorporates herein its response to Request for Producdon No. 104 Ford 22 notes that Mr. Fredrick King has been deposed ui several cases on behalf of Ford However, none of 23 these cases alleged asbestos-related injuries 24 /// 23 26 /// 27 in 23 in 29 Page 31 II I r 1 REQUEST FOR PRODUCTION NO. 107 2 Produce any and all DOCUMENTS referenced m YOUR responses to STANDARD 3 INTERROGATORY No 62 and all subparts thereto 4 RESPONSE: 3 6 Ford refers to and incorporates herein its response to Request for Production No 104. Ford 7 notes that Mr Frednck King has been deposed in several cases on behalf of Ford However, none of 8 these cases alleged asbestos-related injuries. 9 10 DATED August___ . 1999 Respectfully submitted, 11 12 13 14 13 16 17 18 19 20 21 22 23 24 23 26 27 23 29 Page 32 r t r 1 STATE OF MICHIGAN 2 3 COUNTY OF WAYNE ) S3 4 s 6 7 PAULK. GODWIN. JR. j being duly sworn, deposes and says that S the deponent is an authorized agent of Ford Motor Company, and that the deponent 9 -verifies the foregoing FORD MOTOR COMPANY'S RESPONSE TO PLAINTIFFS' 10 REQUEST FOR PRODUCTION. INSPECTION. COPYING AND ELECTRONIC 11 12 SCANNING OF DOCUMENTS AND TANGIBLE THINGS fC C P SECTION 20311 for and 13 on behalf of Ford Motor Company and is duly authorized so to do; that the matters stated 14 therein are not within the personal knowledge of the deponent; that the facts stated 15 therein have been assembled by authorized employees.and counsel of Ford Motor 16 -il Company. and-the-depanentds-infonned that the facts stated therein are true ia 19 20 21 22 Subscribed-and-awoornn to before me this 23" 24 LESLIE flOJAN McGHEE fzyne County, Michigan M Ti 11003 25 26 27 28 29 Paj 58 r 1 PROOF OF SERVICE IN RE COMPLEX ASBESTOS LITIGATION 2 Case No. 828684 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO 3 4 I, CHERYL M. DABNER, hereby declare: 5 I am a citizen of the United States, over 18 years of age and not a party to the within action I am employed in the county of, my business address is Lake Memtt Plaza, 1999 Hamson Street, 6 Eighteenth Floor, Oakland, CA 94612-3541. 7 On August 31,1999,1 served the within* 8 FORD MOTOR COMPANY'S RESPONSE TO PLAINTIFFS* REQUEST FOR PRODUCTION, INSPECTION, COPYING AND ELECTRONIC SCANNING OF DOCUMENTS AND TANGIBLE 9 THINGS [C.C.P. SECTION 2031] 10 on all parties in this action, as addressed below, by causing a true copy thereof to be distributed as follows: II Francine S. Curtis, Esq. 12 BRAYTON PURCELL CURTIS BERRY & BERRY 1300 Clay Street, 9a Floor & GEAGAN Station D, P.O. Box 70250 13 222 Rush Landing Road Oakland, CA 94612-0250 P.O. Box 2109 14 Novato, CA 94948 15 16 H BY MAIL: ( am "readily familiar" with the firm's practice cfcollection and processing correspondence for mailing. Under that practice it would be deposited with U S Postal 17 service on that same day with postage (hereon fully prepaid in the ordinary course of business I am aware that on motion of the party served, service ts presumed invalid if 18 postal cancellation date or postage meter date is more than one day after date of deposit for mailing m affidavit. 19 D BY HAND DELIVERY: I caused such envelope, to be hand delivered to the stated parties. 20 VIA FAX: I caused such documents to be transmitted via fax to the stated parties at their 21 respective facsimile numbers 22 VIA EXPRESS CARRIER: I caused such documents to be collected by an agent for to be delivered to the offices of the stated parties. 23 I declare under penalty of penury under the laws of the State of California that the 24 foregoing is true and correct. 25 26 27 28 p a w-tiUt Oil 1 25473 CHCRYID HU14 01 -1-