Document OOOqLME0Y8nRZp6k6m631Lgj

\.xV, K\ i. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION SPARTANBURG COUNTY SCHOOL DISTRICT SEVEN. Plaintiff. vs. NATIONAL GYPSUM COMPANY and UNITED STATES GYPSUM COMPANY, Defendants. ) ) ) ) ) ) ) } ) ) ) ) ) AFFIDAVIT OF SUZANNE K. TORREY I. Suzanne K. Torrey, being first duly sworn on oath depose and state.: . - 1. I amSenior Attorney for United States Gypsum Company. .. ' 2-. From the beginning of my employment by United States Gypsum Company in August, 1977 through August. 1984. I was responsible for the management of litigation involving U. S. Gypsum, including the instant case and others with similar allegations. 3. As pact of my responsibilities for the management of litigation. I was personally involved in the initial investigations concerning the manufacture and sale of Audicote Acoustical Plaster. . 4. As part of that investigation, on August 27. 1980. I met at U. S. Gypsum's research center, then located in Des Plaines. Illinois, with A. L. Hampton, then manager of the Plasters Laboratory and J. Scharlau (now deceased). 5. During that conversation. I learned of the existence of certain files maintained by the Plaster Laboratory under the direction and control of Mr. Hampton which incLuded research materials prepared by the Plasters Laboratory relating to the development and other research concerning Audicote Acoustical Plaster. 6. Pursuant to my request. Joe Scharlau gathered for me and gave me what I understood to be the "working files" maintained by the Plasters Laboratory. 7. This is reflected by a report daced November 3, 1980. written by J. Scharlau in which he states "Ms. Susan Tocrey. Senior Litigation Attorney, was provided with laboratory files in regard to past USG Acoustical Plaster Products for ;* defense against possible asbestos contamination law suits." 8. The files I received wece maintained in blue folders and would have filled approximately three-quarters of'd` file drawer. 9. Shortly after receiving these documents. I reviewed them and determined that virtually all of the materials contained therein were copies of Research Reports relating to Audicote Acoustical Plaster. The only materials which were, not Research Reports were incidental memoranda and/or handwritten notes, the contents of which I do not recall. These would have constituted less than 5 percent of the total materials. 10. These files were maintained in my office continuously..-until at least July. 1981. 11. During the period approximately July 1. 1931 through October 5, 1981. I was on a maternity leave of absence from U. S. Gypsum. 12. Prior to my departing on leave. I left instructions with legal department staff to return these . original records to research during my absence. 13. Upon my return in October. 1981. the Audicote records were not in my office. 14. I..had no occasion to looK for these records until March. 1983. At that time. I contacted the Plasters Laboratory and requested that the records be sent to my attention. At that time. I was- informed, that the Plasters Laboratory did not possess these records. 15. In January and February. 1983. two events occurred which could have resulted in the loss of these records. First, an Open House was conducted of the U. S. Gypsum corporate headquarters. In preparation for that event, at the last minute the Legal Department was informed that its floor would be part of the Open House and we were requested to immediately put all materials away. 3ecause many materials wece out which had to be quickly stowed. I did not personally supervise this endeavor. Because the Legal Department shares storage space with othec departments, it is possible that the documents became lout and/or destroyed at this time. 16. Also in the period January through Febcuacy. .1983, the U. S. Gypsum Research Center moved from Des Plaines co ics * new headquactecs in Libectyville. 17. I have personally interviewed all personnel who had reason to have access to these documents while chey were in the possession of the Legal Department as well as personnel who reasonably could have been expected to have received them at the Research Center. None of those individuals have any specific * recollection concerning these documents at any time after July 1981. 18. Personnel, under my direction and control, have < V thoroughly searched all Legal Department and U. s. Gypsum Company files in storage and the documents have not been located;. 19. Additionally. J. Scharlau was very ill in the time frame of March. 1983, and subsequently died. I was nevec able to speak with him personally concerning the whereabouts of thedfe documents after March. 1983. 20. To the extent that these documents were copies of Research Reports. Research Reports concerning Audicote Acoustical Plaster have been maintained by the Research Department Library on microfilm and have been made available previously to counsel for plaintiff in this case. . Further Affiant Sayeth Not. Suzanne K. Tocrey Subscribed to and Sworn before me this day of Notary Public