Document QZdneGRrpaoz4VX7OOGzoRxL
MXY/daJ
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IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
IN RE: ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC,
Plaintiffs, vs. A.W. CHESTERTON, INC., et al.
Defendants.
) ) ) )
) DANA CORPORATION'S ANSWERS
) AND OBJECTIONS TO PLAINTIFFS'
) INTERROGATORIES REGARDING
) WARNER ELECTRIC PURSUANT
) TO ORDER DATED OCTOBER 20,
) 2003
PRELIMINARY STATEMENT Pursuant to consent order dated October 20, 2003, Dana provides answers to Master Interrogatories about "Warner Electric". This Preliminary Statement applies to and is incorporated into each Answer. Dana answers these interrogatories after reasonable investigation with the best available information presently known about Warner Electric Brake & Clutch Company and its historical product lines. To the extent Dana manufactured products that were not Warner Electric Brake & Clutch Company's historical product lines, those products will be reported separately as otherwise required by the October 20,2003 order. Warner Electric Brake & Clutch Company, f/k/a Warner Electric Brake Company, was founded by A. P. Warner before 1930. Warner Electric Brake & Clutch Company was incorporated on December 13,1962 in the state of Delaware. Dana acquired all of the outstanding shares of stock of Warner Electric Brake & Clutch Company in 1985.
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Dana merged Warner Electric Brake & Clutch Company into Dana effective December 31, 1986. The U.S. business operated as a division ofDana until the year 2000 when assets, including related subsidiary operations, facilities and product lines of the Warner Electric Division (as modified from time to time by Dana acquisitions and reorganizations), were sold. At the time of sale, most ofthe business records and employees associated with the sale effectively transferred to the company that purchased the assets ("Buyer")- International subsidiaries' employees and records remained with the subsidiaries.
Historically, Warner Electric Brake & Clutch Company manufactured electric clutches, electric brakes, electric wheel brakes, and other products. Some clutches, brakes and wheel brakes contained friction materials. Friction material historically contained asbestos. The friction materials never were manufactured by Warner Electric Brake & Clutch Company. Rather, they were purchased by Warner Electric Brake & Clutch Company from friction suppliers. Any asbestos was encapsulated or bonded into the friction materials.
Because the conversion from asbestos-containing friction materials to non-asbestos friction materials was complete for most products before the merger, Dana has limited knowledge about the history of Warner Electric Brake & Clutch Company's products containing asbestos.
Since entry ofthe October 20,2003 order. Buyer permitted access to certain Buyer facilities in Illinois for the purpose of inspecting and copying documents stored by Buyer. Buyer also permitted access to certain Buyer employees. Dana's responses are principally based upon information within Buyer's possession, custody and control.
Dana is not aware of any individuals with personal knowledge of relevant information during Warner Electric Brake & Clutch Company's early years. In addition, documents available to Dana may not answer, in whole or in part, an interrogatory. Accordingly, Dana will answer only to
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the extent that there is information currently available and reviewed that Dana believes is sufficient
to answer, in whole or in part, the interrogatory. Substantial progress has been made finding
information requested by Plaintiffs. Unless otherwise indicated, these Answers are limited to United
States manufacturing and sales. Defendant reserves the right to amend, supplement, modify or
otherwise change these responses in the event that it acquires additional information responsive to
these interrogatories, or ifit appears that inadvertent or administrative omissions or errors have been
made.
GENERAL OBJECTIONS
.
1. Defendant objects to each interrogatory and part thereof to the extent that Plaintiffs
may assert that Plaintiffs' definitions bind Defendant.
2. Defendant objects to each interrogatory and part thereof to the extent they call for
information protected by (a) the attorney-client privilege, (b) attorney-work-product doctrine, (c) any
applicable privilege relating to communications between counsel for Defendant and counsel for
other defendants regarding this or similar litigation, (d) any applicable privilege relating to
communications between Defendant's employees or counsel and Defendant's insurers regarding the
defense of this claim or claims ofthis type, (e) any privilege relating to confidential trade secrets or
confidential communications, (f) the right of privacy, or (g) any other privilege.
3. Defendant objects to each interrogatory and part thereofto the extent that information
sought is not relevant to the subject matter ofthe pending action nor reasonably calculated to lead to
the discovery of admissible evidence as it relates to Defendant.
4. Defendant objects to each interrogatory and part thereof to the extent that they seek
information already possessed by Plaintiffs, information generally obtainable from the public
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domain, and/or which is more readily obtainable from a third party in a manner that is less burdensome and/or more convenient than that which Plaintiffs seek to impose on Defendant.
5. Defendant objects to each interrogatory and part thereof to the extent they seek information or documents not within the custody and control of Defendant
6. Defendant objects to each interrogatory and part thereofto the extent that they seek information or impose obligations beyond those permitted by the applicable Rules ofCivil Procedure and local rules of court.
7. Defendant objects to each interrogatory and part thereof to. the extent that they seek information or documents in a form different from that maintained by Defendant in the ordinary course of its business.
8. Defendant objects to each interrogatory and part thereofto the extent that they seek to impose on Defendant a discovery obligation to respond for Defendant's businesses and entities not parties to this litigation.
9. Defendant objects to each interrogatory and part thereof that seek to determine the knowledge, familiarity, or awareness ofa corporation. It is not possible to state precisely i for when a corporation can be said to have such knowledge; that is a mixed question of fact and law. Defendant objects to imputing knowledge, familiarity, or awareness to a corporation based upon die knowledge, familiarity, or awareness of an employee or agent of a corporation.
10. Defendant objects to each interrogatory and part thereof calling for opinions rather than facts.
11. The responses set forth below are subject to and do not waive; a. Objections as to (i) the competency, relevancy, materiality, privilege, or admissibility of evidence at trial or (ii) die use of any of the responses given herein or the documents or the subject matter thereof
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in any subsequent proceeding or trial in this or any other action or for any other purpose; b. The right to object to other discovery proceedings involving or related to the subject matter of the request to which these responses are directed; c. The right at any time to revise, correct, add to, or clarify any or all of the responses, all ofwhich are given subject to correction ofany such omissions or errors; and d. The Preliminary Statement and objections set forth above and/or in response to any specific interrogatory.
INTERROGATORIES INTERROGATORY NO. 1:
Identify the person answering these interrogatories on behalf of Defendant ANSWER:
Some ofthe information sought by these interrogatories has been accumulated over time but not necessarily for the purpose of responding to these interrogatories. It is not possible to now identify each person who, at some time, may have provided information that is now being used to answer these interrogatories. No single person has direct knowledge of the documents and information necessary to supply each and every response. Charles H. Van Rens has verified the responses to these interrogatories in order to comply with verification requirements under state law. INTERROGATORY NO. 2:
Has the person answering these interrogatories made reasonable inquiry of all available sources ofinformation such that Plaintiffmay rely upon these answers as the truthful and complete answers made on behalf of Defendant? List any and all such sources of information relied upon.
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ANSWER:
See Answer to Interrogatory No. 1, which is incorporated herein as if folly rewritten. These answers are true and correct to the best current knowledge ofDefendant, subject to the limitations in the Preliminary Statement and General Objections. The person signing these responses is currently a Dana employee who previously was employed by Warner Electric Brake & Clutch Company beginning in 1983 and he has personal knowledge about answers to some of the interrogatories.
Information reviewed in order to respond to some of these interrogatories (not necessarily by the person signing these responses) includes recent interviews with Buyer's employees and documents currently in the possession, custody and control of the Buyer as discussed in the Preliminary Statement. INTERROGATORY NO. 3:
State the following concerning this Defendant: (a) Full and correct name; (b) The form in which Defendant presently conducts business (i.e. corporation,
partnership, proprietorship, etc.); (c) Identify any and all predecessors and related companies as defined above;
(d) Any and all other forms in which defendant has conducted business at any time, and the date(s) when business was conducted in each form;
(e) Any and all names by which Defendant has been known or has conducted business, at any time, and the date(s) during which Defendant has been known by and/or conducted business, under each such name;
(f) Defendant's principal place of business;
(g) Defendant's present state ofincorporation or state in which Defendant is registered as a partnership, association, etc., whichever is applicable; if Defendant has, at any time, been incorporated or registered in a different state, identify which state and when;
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(h) Most recent date ofincorporation or reincorporation, and any and all prior date(s) of
incorporation or reincorporation;
'
(i) Whether this Defendant is authorized to transact business in the State ofIllinois and, if so, the date such authority was first issued and last renewed;
(j) Ifthis Defendant has an agent, representative or place ofbusiness in Illinois, identify such agent, representative, or place of business; and,
(k) If this Defendant has an agent for service in the State of Illinois, identify the registered agent.
ANSWER:
(a) See Preliminary Statement. Defendant's correct corporate name is Dana Corporation.
(b) See Preliminary Statement. Dana is a corporation.
(c) See Preliminary Statement and Answer to Interrogatory No. 6. Also, Dana has separately responded regarding its related companies.
(d) See Preliminary Statement. Dana has always conducted business as a corporation.
(e) See Preliminary Statement. For Dana, Spicer Corporation, 1916 - 1946; Dana Corporation, 1946 - present.
(f) See Preliminary Statement. For Dana, its principal place of business is located at 4500 Dorr Street, Toledo, Ohio.
(g) SeePreliminary Statement. For Dana, Virginia.
(h) See Preliminary Statement. For Dana, Dana Corporation was incorporated in the State of Virginia in 1916 under the name Spicer Manufacturing Corporation. In 1946, the corporation changed its name to Dana Corporation.
(i) See Preliminary Statement. Warner Electric Brake & Clutch Company was qualified to do business in Illinois. Dana is qualified to do business in Illinois.
(j) See Preliminary Statement. Warner Electric Brake & Clutch Company had places of business in Illinois. Dana has places of business in Illinois.
(k) For Dana Corporation, CT Corporation, 208 South Lasalle Street, Chicago, IL 60604.
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INTERROGATORY NO. 4: Has Defendant been sued under its correct legal name? Ifnot, state the correct legal name of
Defendant and provide the information requested in No. 3 above concerning the defendant as correctly named. ANSWER:
Defendant reserves the right to respond to this question as it pertains to whether Dana Corporation has been properly named in individual cases. Some plaintiffs previously sued Warner Electric, Inc. This company is not owned by or related to Dana Corporation. Warner Electric, Inc. has answered these same interrogatories for itself and in its own name. INTERROGATORY NO. 5:
Identify any and all persons or entities which [.between 1930 and 1980,] own[ed], or at any time have owned, more than a ten percent (10%) interest in this Defendant, and for each such person or entity identified, state the date(s) during which said person or entity owned more than a ten percent (10%) interest in Defendant and the specific type and amount of interest owned. ANSWER:
As to Warner Electric Brake & Clutch Company, Defendant believes that the founder, A. P. Warner, the Pierpont and Steve Wood family and William Keefer may have owned more than 10% interest in Warner Electric Brake & Clutch Company at some time prior to Defendant's acquisition ofthe company in 1985. Regarding holders of 10% or more ofDefendants' shares for any year since 1984: FMR Corp. (1996) (11.06%), Alliance Capital Management, L.P. (2001) (13.5%), AXA Financial, Inc. (2002) (12.5%), and AXA Financial (2003) (11.2%). However, Dana currently is not
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aware that any of these entities were engaged in the design, manufacture, selling, applying,
installing, or relabeling ofproducts containing asbestos.
INTERROGATORY NO. 6:
Identify any and all companies, businesses, corporations, and/or joint ventures in which[,
between 1930 and 1980,] this Defendant own[ed], or at any time has owned, more than a ten percent
(10%) interest [and which engaged in the design, manufacture, selling, distributing, applying,
installing, or relabeling ofproducts containing asbestos],
ANSWER:
Defendant objects to this interrogatory on the grounds that it is overbroad and unduly
burdensome, and that the answers would not be reasonably calculated to lead to the discovery of
admissible evidence. See also objections in Answer to Interrogatory No. 7 that are incorporated
herein as if fully rewritten. Subject to and without waiving objections, Defendant will answer this
interrogatory both for the United States operations and other entities in other countries (not
defendants in these cases). Not all of the companies manufactured or sold a product that contained
asbestos-containing friction materials.
Defendant is aware of the following United States acquisitions by Warner Electric Brake &
Clutch Company after its incorporation in 1962, but Defendant believes that none ofthe acquisitions
manufactured products with friction materials:
1. In 1963, Beaver Precision Products of Troy, Michigan manufactured precision ground ball bearing screws, primarily for machine tool and aircraft markets. (It is currently understood that the plant used, at least in 1986, an epoxy supplied by Dexter that contained a small amount of asbestos.)
2. In 1964, Pace Controls, originally was located in Massachusetts and subsequently
moved to Illinois in approximately 1966. This company formed the basis for the
motion control systems division of Warner Electric Brake & Clutch Company
located in Marengo, Illinois.
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3. In 1966, Alcoils, Inc. located in Columbia City, Indiana produced precision wound aluminum and copper coils.
4. In 1969, Precision Specialties, Inc., later known as Warner Electric, PSI, located in Pittman, New Jersey manufactured a line ofsmall mechanical and electrical clutches used in computers, office machinery, instrumentation and other types ofautomated equipment.
5. In 1983, an additional plant in Walterboro, South Carolina was constructed to manufacture precision ball bearing screws, primarily for the machine tool industry.
Defendant currently is aware ofthe following foreign entities in which Warner Electric Brake
& Clutch Company had an interest:
1. Warner Electric Australia Pty., Ltd. was incorporated in 1970 and became a subsidiary of Defendant upon Defendant's acquisition of Wamer Electric Brake & Clutch Company. It manufactured wheel brake products.
2. Warner Electric, Ltd. (U.BC.) became a subsidiary of Defendant upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It manufactured clutches and brakes.
3. Warner France, S.A. was incorporated in 1959 and became a subsidiary ofDefendant upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It manufactured clutches and brakes.
4. Warner Electric SPA (Italy) became a subsidiary of Defendant upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It operated as a sales office.
5. A partly-owned joint venture in India known as Stieber Precision Private Limited made overrunning clutches.
6. Warner Electric (International) S.A. (Switzerland) became a subsidiary ofDefendant , upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It operated as the International Headquarters and as a sales office.
7. Societe de Vente Warner Electric (Warner Electric SA.) (Switzerland) was incorporated in 1966 and became a subsidiary of Defendant upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It operated as a sales office within Switzerland and later manufactured and sold the Acomel Product Line.
8. Warner Electric, GmbH (Germany) was incorporated in 1967 and became a subsidiary of Defendant upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It produced ball screws, clutches and brakes.
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9. Warner Electric do Brasil Ltda. was formed in January 1985 and became a subsidiary of Defendant upon Defendant's acquisition of Warner Electric Brake & Clutch Company. It produced ball screws and clutches.
10. Warner Electric Aktiebolay (aka Warner Electric AB) (Sweden) was incorporated in 1965 and became a subsidiary ofDefendant upon Defendant's acquisition ofWarner Electric Brake & Clutch Company. It operated as a sales office and later as both a sales office and manufacturer upon its merger with Tollo Systems AB as described below.
After Defendant acquired Warner Electric Brake & Clutch Company, Warner Electric Brake
and Clutch Company operated first as a subsidiary, and then as a division of Defendant.
Operationally, changes occurred from time to time regarding Warner Electric, die subsidiary,
and later the division of Defendant. If any products for United States operations of the Warner
Electric Division contained asbestos, they will be reported pursuant to the October 20,2003 order.
1. In 1985, Warner Electric Brake & Clutch Company was responsible for SECO Operations, manufacturers of electric controls used in automation and robotics. (Acquired by Defendant in 1971 first as a subsidiary, later a division.) SECO also incorporated the business of Hotaday Circuits which SECO purchased March 23, 1973.
2. In 1987, the Warner Electric Division was, for a time, responsible for sales and marketing activities for the Industrial Power Transmission Division of Dana.
3. In 1989, the Beaver Precision Products plant in Troy, Michigan, which had been part ofWarner Electric, became a separate division ofDana and the Beaver operation was sold in 1991.
4. In January 1989, the Mt. Pleasant, Michigan operation ofthe Dana Industrial Power Transmission Division was added to the Warner Electric Division. The Mt. Pleasant facility manufactured a variety of couplings and mechanical power transmission components for the industrial market. This operation was sold in March 1993.
5. . In 1989, Defendant acquired Superior Electric Company. Superior Electric manufactured stepping motors and Superior Electric was added to the Warner Electric Division. Unitron, a former subsidiary ofSuperior Electric, produced power supplies and was sold in 1990. Superior Electric's Electro-Kenesis production line was sold in August of 1997.
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6. In March, 1991, the Warren, Michigan operation of Defendant was added to the Wamer Electric Division responsibilities. The Warren facility manufactured abroad line ofoverrunning clutches under the "Formsprag" name.
7. In 1991, the remaining operations ofthe Industrial Power System Division ofDana became part of the Warner Electric Division. These facilities were located in Wichita Falls (Wichita Clutch) and San Marcos, Texas, manufacturing heavy duty clutches and couplings. The San Marcos facility was sold in March of 1993.
8. Warner Control Techniques was a 50/50 joint venture formed August l, 1990 between Warner Electric and Control Techniques Ltd. (U.K.). It manufactured and sold motor speed controls and related products. It was dissolved July 31,1994.
9. Defendant and Bernstein formed a 50/50joint venture known as Wamer/Bemstein Company (and Wamer/Bemstein SENTEC) which sold electronic sensors. Defendant's interest was held through a holding company known as Warner Sensors Corp. This joint venture is dissolved.
10. Wichita Clutch Company is discussed in another discovery document in response to the October 20,2003 order.
Changes also occurred from time to time regarding foreign entities related to the Warner Electric Division ofDefendant:
1. In 1989, Acomel S.A. (Switzerland) was acquired as a Division ofSociete do Vente Warner Electric S.A. It produced high speed motor controls.
2. Also in 1989, Tollo Systems Akiebolag (aka Tollo Systems AB) (Sweden) was acquired by Defendant's subsidiary, Warner Electric Aktiebolay, and later those two companies merged. It became an indirect subsidiary ofDefendant upon acquisition, and later merged with Warner Electric AB.
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3. In 1990, the Warner Electric Division created a subsidiary in Mexico. The facility located in Chihuahua produced and continues to produce a cruise control component, for Ford Motor Company's Mexican subsidiary. This operation was not sold to Buyer.
4. Dana Industrial Co. Limited (Thailand) (aka Warner Electric Thailand) was incorporated in 1990 as a subsidiary ofDefendant It operated as a sales office.
5. In 1977, Defendant acquired Stieber Prazision GmbH (also known as Stieber Formsprag) and in 1994, Stieber Antriebselemente GmbH (Germany) was created as an indirect subsidiary ofDefendant. Both produced overrunning clutches. At some time, they merged with Warner Electric GmbH.
6. In 1995, Warner Electric B.V. (Netherlands) was incorporated as a subsidiary of Defendant. It operated as a sales office.
7. In 1998, Warner Electric AB acquired Scanac AB (Sweden) assets. It manufactured a divisional product line for Warner Electric AB.
8. Tourco (Establissements Collins et Toumadre) was incorporated in 1925 and acquired by Defendant in the late 1980s. It became a subsidiary ofDefendant upon acquisition. This facility produced clutches. After this acquisition, GDE Warner & Gourco (France) formed Tourco as a quasi-subsidiary under French law. It did not produce a product.
9. Taiyiu Warner Industrial Ltd. (Taiwan), a subsidiary of Defendant, operated as a sales office. The date of its acquisition or formation are unclear.
10. Shui Hing Manufacturing Company Limited (Hong Kong) was incorporated in 1966. Defendant acquired an 80% partial interest in 1989 and the remaining 20% in 1995. It manufactured industrial components.
11. Warner Electric S.A. (Belgium), a subsidiary of Defendant, operated as a sales office.
12. Wichita Clutch Company operation is separately discussed in another discovery document in response to the October 20,2003 order.
13. Dana World Trade Singapore Private Limited was incorporated September l, 1971 and changed its name to Dana Asia (Singapore) Ptc. Ltd. on August 29, 1990. At some point, it began selling products produced by the Warner Electric Division and its affiliates and was sometimes known as Warner Electric Singapore.
Warner Electric also had international sales representation in Canada, Mexico, Malaysia and
South Korea.
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INTERROGATORY NO. 7:
With respect to each corporation, company, business orjoint venture identified in response to
Interrogatory No. 6 state [for the period 1930-1980]:
(a) The type ofbusiness, conducted by such related company;
(b) The past and present business relationship(s) between said related company and Defendant;
(c) The nature of the products or services which Defendant has sold to, or purchased from, said related company;
(d) Whether or not said related company advertises or has advertised products or services supplied by Defendant;
(e) Whether or not said related company sells or has sold Defendant's products or
services within the State of Illinois and, if so, the approximate value of those sales
from 1930 to date;
.
(f) Whether or not said related company pays taxes ofany type to the State ofIllinois or to any political subdivision thereof and, ifso, the type of taxes paid;
(g) Whether or not Defendant controls or has controlled, directly or indirectly, in whole or in part, said related company's advertising; and,
(h) The identity ofany past or present officer or director ofDefendant who, at any time, served as an officer or director of said related company.
ANSWER:
See Answer to Interrogatory No. 6, which is incorporated herein as if fully rewritten.
Defendant objects to providing information for entities listed in Answer to Interrogatory No. 6 ifthe
entities (1) are separate legal entities not defendants in the case or (2) did not manufacture or sell
asbestos-containing products in the United States. Subject to and without waiving objections, no
international subsidiaries paid taxes to the State of Illinois. The businesses listed in response to
Interrogatory No. 6 were all manufacturing and/or sales businesses.
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.
.
INTERROGATORY NO. 8:
List all directors and officers of Defendant from [1930 to 1980] and for each state all
positions held and the date(s) during which each position was held.
ANSWER:
Dana has answered for Dana in prior responses. Dana objects to providing such information
for Warner Electric Brake & Clutch Company as irrelevant and unduly burdensome. Subject to and
without waiving objections, Defendant provides the following information for the years indicated:
I960
Directors:
Robert M. Clark, Partner, Blunt Ellis & Simmons
Angus L. Hunking, Managing Director, Westool, Ltd.
John A. Morris, Partner, Chapman & Cutler
Malcolm J. Wood, New York City, New York
Steven P. J. Wood, President, Warner Electric Brake & Clutch Company
Officers:
Steven P. J. Wood, President
Edward A. Cleary, Vice President-Operations
Jack H. deKruif, Vice President-Marketing and Sales
William W. Keefer, Vice President-Controller
Arthur A. Meyer, Vice President-Manufacturing Research
Mary Divine, Secretary-Treasurer
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Directors:
1M
Robert M. Clark, Partner, Blunt, Ellis & Simmons
Angus L. Hunking, Managing Director, Westool, Ltd
John A. Morris, Partner, Chapman and Cutler
Malcolm J. Wood, New York, New York
Steven P. J. Wood, President, Warner Electric Brake & Clutch Company Officers: Steven P. J. Wood, President Edward A. Cleary, Executive Vice President William W. Keefer, Vice President-Controller Arthur A. Meyer, Vice President-Manufacturing Research Mary Divine, Secretary-Treasurer
1962 Directors: Robert M. Clark, Partner, Blunt, Ellis & Simmons Angus L. Hunking, Managing Director, Westool, Ltd. William W. Keefer, Vice President, Finance, Warner Electric Brake & Clutch Company John A. Morris, Partner, Chapman & Cutler
C. Bayard Sheldon, Chicago, Illinois Malcolm J. Wood, Los Angeles, California Steven P. J. Wood, President, Warner Electric Brake & Clutch Company
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Officers: . Steven P. J. Wood, President G. R. Harrod, Vice President, Marketing William W. Keefer, Vice President, Finance MaryX>ivine, Secretary-Treasurer
1964 Directors: Robert M. Clerk, Partner, Blunt, Ellis & Simmons Angus L. Hunking, Managing Director, Westool, Ltd. William W. Keefer, Vice President, Administration, Warner Electric Brake & Clutch Company John A. Morris, Partner, Chapman & Cutler C. Bayard Sheldon, Chicago, Illinois Malcolm J. Wood, San Francisco, California Steven P. J. Wood, President, Warner Electric Brake & Clutch Company Officers: Steven P. J. Wood, President William W. Keefer, Vice President, Administration Ernst Spannhake, Vice President, Engineering & Research Mary Divine, Secretary-Treasurer
1965 Directors: Angus L. Hunking, Managing Director, Westool, Ltd. William W. Keefer, Executive Vice President, Warner Electric Brake & Clutch Company
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John A. Morris, Partner, Chapman & Cutler C. Bayard Sheldon, Chicago, Illinois Malcolm J. Wood, San Francisco, California Steven P. J. Wood, President, Warner Electric Brake & Clutch Company Officers: Steven P. J. Wood, President William W. Keefer, Executive Vice President Paul de Belay, Vice President, Foreign Operations Ernst Spannhake, Vice President, Engineering & Research Mary Divine, Secretary-Treasurer
1966 Directors: Mark T. Gilkison, Vice President, Gates Rubber Company Angus L. Hunking, Managing Director, Westool, Ltd. Mitchell P. Kartalia, Executive Vice President, Square D Company William W. Keefer, Executive Vice President, Warner Electric Brake & Clutch Company Dr. Benjamin C. Kuo, Professor ofElectrical Engineering, University of Illinois John A. Morris, Partner, Chapman & Cutler C. Bayard Sheldon, Chicago, Illinois Malcolm J. Wood, San Francisco, California Steven P. J. Wood, President, Warner Electric Brake & Clutch Company Officers: Steven P. J. Wood, President
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William W. Keefer, Executive Vice President
Richard B. Black, Vice President, Finance
Paul de Belay, Vice President, Foreign Operations
John F. Gibney, Vice President, Sales
Ralph L. Shapcott, Vice President
Mary Divine, Treasurer
William H. Frewert, Secretary
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Directors:
Mark T. Gilkison, Vice President, Gates Rubber Company
Angus L. Hunking, Vice Chairman, Westool, Ltd.
Mitchell P. Kartalia, President, Square D Company
William W. Keefer, President, Warner Electric Brake & Clutch Company
Dr. Benjamin C. Kuo, Professor of Electrical Engineering, University of Illinois
John A. Morris, Partner, Chapman & Cutler
C. Bayard Sheldon, Chicago, Illinois
Malcolm J. Wood, San Francisco, California
Steven P. J. Wood, Chairman, Warner Electric Brake & Clutch Company
Officers:
Steven P. J. Wood, Chairman
William W. Keefer, President
Paul de Belay, Vice President-International Operations
John F. Gibney, Vice President-Sales
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Charles E. Rausch, Vice President
.
Ralph L. Shapcott, Vice President
Mary Divine, Vice President-Treasurer
William H. Frewert, Secretary
1978
Directors:
Richard B. Black, President and ChiefExecutive Officer, Maremont Corporation
Mark T. Gilkison, Retired Vice President, Gates Rubber Co.
William W. Keefer, President, Warner Electric Brake & Clutch Company
Dr. Benjamin C. Kuo, Professor of Electrical Engineering-University ofIllinois
John A. Morris, Partner, Chapman & Cutler
Robert L. Swan, Vice President and General Manager-Cpnsumer Group Black & Decker Manufacturing Company
Malcolm J. Wood, Manager of Personal Investments, San Francisco, California
Steven P. J. Wood, Chairman, Warner Electric Brake & Clutch Company
Officers:
Steven P. J. Wood, Chairman
William W. Keefer, President
.
Rodney F. Ackerman, Senior Vice President, Automotive Sales
Thomas E. Berger, Vice President-Finance and Secretary
Ronald E. Bish, Vice President-Operations
Paul de Belay, Vice President-International Operations
Hubert E. Klinkenberg, Vice President, Beaver Precision Products, Inc.
William J. Ward, Jr., Vice President, Motion Control Systems
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1981 Directors: Richard B. Black, Chairman and Chief Executive Officer, AM International, Inc. Mark T. Gilkison, Retired Vice President, Gates Rubber Company William W. Keefer, President, Warner Electric Brake & Clutch Company Dr. Benjamin C. Kuo, Professor of Electrical Engineering, University of Illinois John A. Morris, Partner, Chapman & Cutler Robert L. Swan, President and Chief Executive Officer, Black & Decker & U.S.) Inc. E. William Swanson, Chief Executive Officer, SFA Management Coip. Malcolm J. Wood, Manager of Personal Investments, San Francisco, California Steven P. J. Wood, Chairman, Warner Electric Brake & Clutch Company Officers: Steven P. J. Wood, Chairman William W. Keefer, President Rodney F. Ackerman, Senior Vice President-Automotive Sales Thomas E. Berger, Vice President-Finance and Secretary Paul de Belay, Vice President-International Operations R. Scott Johnson, Vice President-Industrial Marketing Hubert E. Klinkenberg, Vice President-General Manager, Beaver Precision Products, Inc. Roderick T. MacFarlane, Vice President-General Manager, Motion Control Systems Division Joseph M. Ross, Vice President-General Manager, Beloit Division
|
}
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INTERROGATORY NO. 9: State whether any ofDefendants' present or former officers or directors [from 1930 to 1980]
ever served (whetherbefore, during or after becoming Defendants' officer or director) as an officer or director of any other company, corporation or business which manufactured, sold or distributed asbestos or asbestos-containing products and, if so, please:
(a) Identify each officer and director ofDefendant, who served as such other company's officer or director; and
(b) Identify each company, corporation or business for which each such officer or director served, each position held by such officer or director for such other company, corporation or business, and the time periods each position was held.
ANSWER: See Answer to Interrogatory No. 8, which is incorporated herein as if fully rewritten.
Defendant objects to this interrogatory as overly broad and unduly burdensome. Subject to and without waiving objections. Defendant has no reason to know the answer to this question except to the extent provided in Answer to Interrogatory No. 8. One or more of Warner Electric Brake & Clutch Company's officers may have served as an "officer" ofthe Warner Electric Division ofDana but not as an officer ofDefendant. INTERROGATORY NO. 10:
Has Defendant ever acquired, through purchase, reorganization or merger, another company, corporation or business which manufactured, sold, processed, distributed or contracted to apply, asbestos and/or asbestos-containing products? ANSWER:
See Answers to Interrogatory Nos. 6, 16,19, 20, which are incorporated herein as if fully rewritten. Defendant believes that Warner Electric Brake & Clutch Company's domestic acquisitions reported in Answer to Interrogatory No. 6 did not involve asbestos-containing friction
22
11572-1000 MXY/dal
materials. Wichita Clutch and Formsprag clutches were not a part of Warner Electric Brake &
Clutch Company but, after Warner Electric Brake & Clutch Company became a part ofDefendant as
the Warner Electric Division, the Wichita Clutch and Formsprag lines were assigned to the Warner
Electric Division.
INTERROGATORY NO. 11:
If the Answer to Interrogatory No. 10 is "yes," with respect to each such predecessor.
(a) State its full and correct name;
(b) State its principal place of business;
(c) State its State of incorporation;
.
(d) State its date and manner of acquisition by Defendant;
(e) Whether this predecessor was, at any time, authorized to transact business in the State of Illinois; and
(f) Identify any and all documents referring to, relating to or reflecting the acquisition.
ANSWER:
Defendant objects to the characterization ofany ofthe businesses described as predecessors
to Dana. See Answer to Interrogatory No. 10, which is incorporated herein as if fully rewritten.
Defendant will provide separate answers to master discovery for these companies and product lines.
INTERROGATORY NO. 12:
Has Defendant ever acquired from another corporation, company, or business, by any means
other than those specified in Interrogatory No. 10, assets or rights to manufacture, sell, distribute or
apply asbestos or asbestos-containing products?
ANSWER:
23
U572-1000 MXY/dal
See Answers to Interrogatory Nos. 10 and 11, which are incorporated herein as if fully
rewritten. Defendant currently is not aware of any such acquisitions by Warner Electric Brake &
Clutch Company unless the question is intended to include Interrogatory No. 21.
INTERROGATORY NO. 13:
If the Answer to Interrogatory No. 12 is "yes," with respect to each such acquisition:
(a) State the full and correct name ofthe company from which such assets or rights were acquired;
(b) State the principal place ofbusiness ofthe company from which said assets or rights were acquired;
(c) Describe the assets or rights acquired, including the specific asbestos-containing products to which said assets or rights related; and
(d) Identify any and all documents referring to, relating to or reflecting the transaction.
ANSWER:
See Answer to Interrogatory No. 12, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 14:
Other than any transaction identified in response to Interrogatories Nos. 10-13, has this
Defendant ever been involved, in any capacity, including but not limited to, seller, transferor,
grantor, franchisor, licensor, buyer, transferee, grantee, franchisee or subject of the transaction, in
any transaction, of any kind, concerning any of the following:
(a) the purchase/sale or transfer of ownership of a company, corporation or business which manufactured, sold, processed, distributed or contracted to apply asbestos and/or asbestos-containing products; or
(b) the purchase/sale or transfer ofownership ofthe assets or rights to manufacture, sell, distribute or apply asbestos or asbestos-containing products; or
(c) the purchase/sale or transfer of liabilities arising out of the manufacture, sale, processing, distribution or application of asbestos or asbestos-containing products.
ANSWER:
24
11572-1000 MXY/dal
See Answers to Interrogatory Nos. 6,10,11,12, and 13, which are incorporated herein as if folly rewritten. Defendant currently is not aware ofany such transactions by Warner Electric Brake & Clutch Company. INTERROGATORY NO. 15:
If the Answer to any sub-part of Interrogatory No. 14 is "yes," with respect to each such transaction:
(a) Identify all parties to the transaction; (b) Identify the subject matter of the transaction; (c) State the date of the transaction; and, (d) Identify any and all documents, referring to, relating to or reflecting the transaction. ANSWER: See Answer to Interrogatory No. 14, which is incorporated herein as if folly rewritten. INTERROGATORY NO. 16: State the first and last dates on which any asbestos-containing product was manufactured by: (a) Defendant; (b) each and every predecessor; and, (c) each and every related company.
25
11572-1000 MXY/dal
ANSWER: Warner Electric Brake (& Clutch) Company began manufacturing electric wheel brakes
before 1930. Friction components were shoe/linings and magnet lacings. Some time after the Second World War, Warner Electric Brake & Clutch Company began
manufacturing electric clutches, electric brakes and electric clutch/brakes. Friction components were magnets and rotor facings. See also Answer to Interrogatory No. 25, which is incorporated herein as if fully rewritten.
Friction suppliers were required to meet Warner Electric Brake & Clutch Company performance standards. Some friction suppliers for some time apparently considered the composition and physical properties oftheir friction materials to be proprietary information. Warner Electric Brake & Clutch Company did not specify composition or other physical properties of the . friction material; rather it tested a vendor's product by code number and if it met Warner Electric Brake & Clutch Company specifications, the Company would order the material by vendor code number rather than by specifying its composition or other physical properties. Therefore, Warner Electric Brake & Clutch Company, in some cases, did not know, but assumed from what it and others in its industry knew of the friction materials industry, that asbestos to some extent was an ingredient in friction materials. Indeed, the Federal Specifications (e.g. KKK-L-370c (1966) at 3.3.1) for friction materials (linings) for clutches and brakes sold to the federal government required an asbestos-metallic wearing layer.
Warner Electric Brake & Clutch Company in the 1970-80's began to seek out and test non asbestos friction materials. Some clutches, brakes and clutch/brakes did not contain friction materials. In the Spring of 1986, Warner Electric ceased manufacturing clutches, brakes, and clutch/brakes with friction material that contained asbestos as a component By or in 1992, Warner
26
11572-1000 MXY/dal
Electric Brake & Clutch Company ceased manufacturing wheel brakes with friction material that
contained asbestos.
At the time of conversion to non-asbestos friction material, to the extent Warner Electric
Brake & Clutch Company had both historical friction materials in its product inventory and known
non-asbestos friction materials in its product inventory, the packaging for the known non-asbestos
products was stamped "NA." Warner Electric Brake & Clutch Company disposed ofunused friction
materials inventory after the date it no longer manufactured products with asbestos-containing
friction materials.
Defendant believes that the last date of sale for clutches, brakes and clutch/brakes with
asbestos-containing friction materials was the end of 1986 or early 1987. Defendant believes that
the last date of sale for wheel brakes with asbestos-containing friction materials was 1992.
INTERROGATORY NO. 17:
State the first and last dates on which any asbestos-containing product was specified, sold,
distributed, applied and/or installed within the United States by:
(a) Defendant;
(b) each and every predecessor; and,
(c) each and every related company.
.
ANSWER:
See Answers to Interrogatory Nos. 16 and 19, which are incorporated herein as if fully
rewritten.
27
I IJ/4-IUW MXY/dal
.
INTERROGATORY NO. 18:
State the last date on which Defendant or any related company specified, sold, distributed,
applied and/or installed any asbestos-containing product outside the United States and identify by
brand or trade name the products so specified, sold, distributed, applied and/or installed.
ANSWER:
See Answers to Interrogatory Nos. 6 and 16, which are incorporated herein as if fully
rewritten. Dana currently believes that Warner Electric Brake & Clutch Company did not sell such
products outside the United States after the dates identified in Answer to Interrogatory No. 16.
Foreign entities were separately incorporated and none are defendants. Defendant does not respond
for these foreign entities.
INTERROGATORY NO. 19:
Identify by full and complete trade name, any and all asbestos-containing products as defined
above, which this Defendant, any related company, or any predecessor(s) has, at any time:
(a) Designed;
(b) Manufactured;
(c) Processed;
(d) Sold;
(e) Distributed;
(f) Applied;
(g) Installed;
(h) Patented;
(i) Specified; or
(j) Re-labeled.
28
11572-1000 MXY/dal
ANSWER: See Answers to Interrogatory Nos. 6,16 and 21, which are incorporated herein as if folly
rewritten. Warner Electric Brake & Clutch Company manufactured a variety of different electric wheel brakes and related parts, electric clutches, electric brakes and electric clutch brakes for a variety ofapplications. Some, but not all, ofsuch products at one time contained friction materials that contained asbestos. IfPlaintiffs will identify a specific Warner Electric product or part number. Defendant will attempt, with Buyer's cooperation, to provide the identity ofthe friction supplier and the supplier code number for the product from original engineering records in Buyer's possession.
Products manufactured by Warner Electric Brake & Clutch Company were sold under the Warner Electric name, subject to certain limitations relating to possible trademark infringement involving another company with the name Warner Electric.
Some packaged electric clutches and electric brakes were identified as "Electro". Not all Electro clutches and brakes contained friction materials. After being acquired by Dana, other product lines previously not related to Warner Electric Brake & Clutch Company were sold by the Warner Electric Division with the name "Formsprag Clutches & Brakes" and "Wichita Clutches". See Answer to Interrogatory No. 6, which is incorporated herein as iffolly rewritten. Defendant will separately provide information about those product lines.
Not all clutches, brakes and clutch/brakes contained friction materials. See Answer to Interrogatory No. 21 for Tow Craft products.
29
11572-1000 MXY/dal
INTERROGATORY NO. 20:
With respect to each asbestos-containing product listed for each subpart ofInterrogatoryNo.
19: .
. (a)
Identify the specific company (Defendant, predecessor, related company) which designed, manufactured, processed, specified, sold, distributed, applied, installed, patented or re-labeled such product;
(b) State the year in which Defendant, its related company or its predecessor first designed, manufactured, processed, specified, sold, distributed, applied, installed, patented or re-labeled such product; and,
(c) State the year in which the Defendant, its related company or predecessor last designed, manufactured, processed, specified, sold, distributed, applied, installed, patented or re-labeled such product.
ANSWER:
See Answers to Interrogatory Nos. 16 and 19, which are incorporated herein as if fully
rewritten.
INTERROGATORY NO. 21: Were any of the products, which were listed in response to Interrogatory No. 19 as having
been specified, sold, distributed, applied or installed by Defendant, its predecessor or related
company(ies), purchased from another company and relabeled for sale or distribution by Defendant,
its predecessors or related companies? Ifso, identify those products, and with respect to each:
(a) Identify the company from which Defendant, its predecessor or related company purchased the product; and,
(b) Identify the company which manufactured the product; and,
(c) State the date(s) during which said re-labeled product was sold, distributed or applied.
30
11572-1000 MXY/dal
ANSWER:
Warner Electric sold a "Tow Craft" line of electric wheel brake components for the
aftermarket. The Tow Craft line included product provided to Warner Electric by competitors
(suppliers) and sold in the aftermarket to service Warner Electric wheel brakes. The competitor's
name and part number was identified. The competitors (suppliers) included Abex, Allied
Automotive, Atwood Mobile, Dexter, Fayette, Foreman, Hayes Axle, H. K. Porter, Johns Mansville,
Maremount, National Friction, Nu Turn, Philips Industries, Praefke, Raymark and Scan Pac.
INTERROGATORY NO. 22:
Has this Defendant, at any time, applied, contracted to apply, installed or engaged in the
business of applying or installing, asbestos-containing products? Ifso:
(a) State the date(s) on which or during which Defendant applied, contracted to apply, installed or engaged in the business of applying or installing asbestos-containing products;
(b) Identify any and all sites within the State of Illinois at which Defendant applied, installed or contracted to apply or install asbestos-containing products, and for each such site:
(i) State whether the products you applied, installed or contracted to apply or
install were included as part of the project's contract price or whether you
applied the products that were provided at the worksite;
.
(ii) Identify by manufacturer and trade name each and every asbestos-containing
product applied or installed;
.
(iii) State the date(s) during which said application or installation took place;
(iv) Identify the employee(s) of Defendant who was (were) in charge of the job;
(v) Identify the person or entity for which the products were applied or installed; and .
(vi) Identify all documents relating to such contract, application or installation.
31
11572-1000 MXY/dal
ANSWER:
No. As part of the manufacturing process, friction materials were incorporated into the
products identified in Answer to Interrogatory No. 19.
INTERROGATORY NO. 23:
Has this Defendant, any predecessor or any related company, ever engaged in the business of
mining asbestos? If so:
-
(a) Identify which company(ies) whether (Defendant, predecessor or related company) engaged in said business;
(b) State the date(s) during which each said company engaged in such business;
(c) State each and every location at which such mining was done;
(d) Identify each and every officer, employee and/or agent ofsaid company who, at any time, was in charge of each mining operation; and,
(e) Identify each and every entity, ifany, to which said company sold the asbestos which was mined.
ANSWER:
No.
INTERROGATORY NO. 24:
Has this Defendant, any predecessor or any related company ever purchased and resold taw
asbestos? If so, with respect to each such purchase and resale:
(a) State the date(s) of the transaction;
(b) Identify any and all parties from which the raw asbestos was purchased; and,
(c) Identify any and all parties to which the raw asbestos was sold.
32
11572-1000 MXY/dal
ANSWER:
.
No.
INTERROGATORY NO. 25:
Identify each and every source from which Defendant, any predecessor or related company,
obtained raw asbestos and/or asbestos-containing material used by Defendant, any predecessor or
related company, to manufacture or process any product listed in response to Interrogatory No. 19.
ANSWER:
See Answers to Interrogatory Nos. 6,19,23 and 24, which are incorporated herein as iffolly
rewritten. Suppliers of friction materials that contained or were thought to contain asbestos from
approximately 1963 on are listed below, including the suppliers' material numbers:
Manufacturer
Material
American Brake Block American Brake Block American Brake Block American Brake Block American Brake Block American Brake Block American Brake Block American Brake Block American Brake Block American Brake Block Abex Abex Abex Burr Built Johns Manville Johns Manville Krasne Division Royal Industries Maremont Maremont National Friction National Friction National Friction National Friction National Friction
ABB 3022-7 ABB 116-12 ABB-226-GG ABB-264-GG ABB-610-147 ABB-693-531 ABB-693-539 ABB-74-12 ABB-80 ABB-90R 693-551-D 931-162 931-68 2309 1105B1 JM 240 Formulation Code 6L MG-26-FF MG-30-GF NF-282-1 NF-296 NF-702 NF-808 MS-144 NF-951
33
11572-1000 MXY/dal
Raybestos Manhatten Raybestos Manhatten Raybestos Manhatten Raybestos Manhatten Raybestos Manhatten Raybestos Manhatten Raymark Raymark Raymark Unknown Thermoid Thermoid Thermoid
4532 A DV 3129 DV 4722 R2526DW R472B U.S. 2010 DV-2010 DV-4722 R-3075-B STANDCO 8020 908-MB D531 N-141-05
INTERROGATORY NO. 26:
Is Defendant or any related company, as ofthe date of answering these interrogatories, still
manufacturing, specifying, selling, distributing, applying or installing any asbestos-containing
product? Ifso, give the brand/trade names ofsuch products, type and percentage ofasbestos in such
product, and the date on which Defendant or any related company first manufactured, specified,
sold, distributed, applied or installed said products.
ANSWER:
No. See Answer to Interrogatory No. 16, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 27:
With respect to each and every product listed in response to Interrogatory No. 19, provide a
full and complete description of the package in which the product was sold, including, but not
limited to, type of package, size, color and writings thereon.
.
34
11572-1000 MXY/dal
'
ANSWER:
' Objection: Defendant does not know and cannot reasonably answer this question regarding
all products over the entire history of Warner Electric. Subject to and without waiving objections,
products packaged in cardboard boxes were various sizes, usually tan in color. Boxes were labeled
with the name "Warner Electric" or some variation that began "Warner Electric." Lettering varied
over time. There was a logo, sometimes black and orange in color, with the name on the logo,
sometimes with lightening bolts. The Tow Craft products were in cardboard boxes or blister packs,
labeled with the Warner Electric and Tow Craft names, sometimes white tetters outlined in orange.
There was a written identification of the product being shipped.
INTERROGATORY NO. 28:
For each subpart below, state whether or not, to Defendant's knowledge, any items as
described therein presently exist and, if so, identify any and all such existing items and state the
present location of each:
(a) any product listed in response to Interrogatory No. 19, including, but not limited to, any sample, part or piece thereof;
(b) any package of the type in which any or all of the products listed in response to Interrogatory No. 19 were or would have been sold, including, but not limited to, any partial package;
(c) any catalogue, brochure, sales literature or like item referring to, relating to or reflecting any or all ofthe products listed in response to Interrogatory No. 19;
(d) any picture, drawing, photograph or like representation of the items described in subparts (a), (b) and/or (c) of this Interrogatory.
ANSWER:
(a) Defendant believes that the general product lines that contain friction materials are still sold today, without asbestos.
(b) Defendant is not aware of the existence ofold packaging.
35
11572-1000 MXY/daJ
(c) Defendant is aware that items referred to in sub-paragraph (c) of this interrogatory exist and are stored at the S. Beloit facility.
(d) Defendant is aware that items referred to in sub-paragraph (d) of this interrogatory exist and are stored at the S. Beloit facility.
INTERROGATORY NO. 29:
Did Defendant, any related company or any predecessor ever stamp or otherwise place
(including affixing tags or labels) a company name, initials, or any identifying logo on any of the
products listed in response to Interrogatory No. 19?
ANSWER:
Yes.
.
INTERROGATORY NO. 30:
Ifyour Answer to Interrogatory No. 29 is "yes," identify each and every such product upon
which such name, initials or identifying logo appeared and for each such product identified:
(a) Describe each and every name, initials or identifying logo appearing on said product, at any time, by stating the wording, lettering, symbols, size, color and maimer in which it was stamped, placed or affixed to said product;
(b) State the date(s) during which each such name, initials, or identifying logo appeared on said product; and
(c) Identify any and all documents referring to, relating to or reflecting the stamping, placing or affixing of names, initials or logos to said product, including, but not limited to, any pictures, photographs or like representations ofsuch names, initials or logos.
36
11572-1000 MXY/dal
ANSWER: Products had labels, tags and/or stamped marks including some or all ofthe following: part
number, the name "Warner Electric," electrical specifications, manufacturing location codes, date codes. Defendant currently believes that labels or tags and/or stamps were first used in the 1920's or 1930's. They were being used at the time of sale to Buyer. INTERROGATORY NO. 31:
Was each of the asbestos-containing products listed in response to Interrogatory No. 19 generally expected to reach, or was each packaged to reach, the consumer or user, without substantial change in the condition in which it was sold? ANSWER:
Objection: "Consumers" is a term that may not apply to Warner Electric Brake & Clutch Company products. The customers were original equipment manufacturers who incorporated Warner Electric Brake & Clutch Company products into machines or the operation ofmachines. To the extent that electric clutches and brakes required service or replacement and the product was purchased from a distributor, trained technicians normally would service or replace the electric clutch and/or brake. Subject to and without waiving objections, yes. INTERROGATORY NO. 32:
If your Answer to Interrogatory No. 31 is "no" with respect to any produces), explain in what manner Defendant claims said produces) were altered or substantially changed after sale or distribution and before reaching the consumer or user.
37
11572-1000 MXY/dal
ANSWER:
See Answer to Interrogatory No. 31, which is incorporated herein as if folly rewritten.
INTERROGATORY NO. 33:
With respect to each product listed in response to Interrogatory No. 19, state whether, based
upon the material contents, the method of manufacturing, and the method of application, such
product could generally be applied or installed without liberating asbestos fibers?
ANSWER:
The products could be installed for their intended uses without liberating asbestos fibers. If
any fibers were liberated incidental to installation, the level should be well below the OSHA PEL.
INTERROGATORY NO. 34: [Withdrawn under April 14,2000 Order.]
INTERROGATORY NO. 35:
1
Identify each person who participated in the design and/or preparation of manufacturing
specifications for each product listed in response to Interrogatory No. 19.
ANSWER:
Defendant objects to naming all such employees or agents as unduly burdensome because, to
the extent it is knowable, it could include possibly hundreds of individuals. Further, without
Plaintiffs' specific product identification, this interrogatory is overly broad and unduly burdensome.
Subject to and without waiving objections, generally, the principal participants would be engineers
employed by Warner Electric over time. Listed below are the patents held involving Warner Electric
employees. Some relate to products that included friction materials. The patent information
includes the patent number (except for most recent patents), the date the patent was issued (except
for most recent patents), a description ofthe product, and the employee inventor. Other information
about the patent is available at http://patft.uspto.gov/netahtml/search-bool.html.
38
11572-1000 MXY/dal
IfPlaintiff identifies a specific product, Dana will inquire about names associated with the
product, ifknown.
Patent
1,210,444 1,295,020 RE19.430
Date
01/02/17 02/18/19 01/15/35
Date Filed 05/11/14 06/30/15 12/22/26
Description
Brake System , Electric Brake System Vehicle Brake
1.761,816 1,76^544 1,772,855 1,775,981
1,777,290
06/03/30 06/10/30 08/12/30 09/16/30
10/07/30
05/11/27 07/16/28 09/26/27 01/11/29
03/08/28
Trailer Vehicle Magnet Construction Vehicle Brake Process for Forming Magnetic Elements Vehicle Brake
1,786,808 1,812,671 1,812,683
12/30/30 06/30/31 06/30/31
07/13/28 06/11/28 06/02/27
Brake Brake Momentum Actuated Brake
1.812,836 1.820.650 1,822,554 1.822,564 1,837384
06/30/31 08/25/31 09/08/31 09/08/31 12/22/31
05/18/29 10/03/27 03/16/28
03/05/28 01/10/28
Brake Vehicle Brake Brake Brake Vehicle Brake
1,844,827 1,861391 1.861,729 1,861,770 1.861,771 1.866,586 1.880,061 1.882,050 1,886,141 1.887332 1544,831 1,945345 1,947,756 1,952,679 1,955,141 1,967,698 1373,551 1,981308 2.061.787 2.068.654 2,104,020 2,106,717
02/09/32 06/07/32 06/07/32 06/07/32 06/07/32 07/12/32 09/27/32 10/11/32 11/01/32 11/15/32 01/23/34 01/30/34 02/20/34 03/27/34 04/17/34 07/24/34 09/11/34 11/20/34 11/24/36 01/26/37 01/04/38 02/01/38
04/28/28 Electromagnetic Friction Device 05/25/29 Brake 02/17/30 Electric Friction Brake 09/01/28 Trailer Brake Control 02/17/30 Friction Brake 03/05/28 Friction Device 03/05/28 Electromagnetic Friction Device 11/17/28 Brake 03/26/30 Brake 01/15/31 Vehicle Braking System 12/30/29J Electric Brake 06/10/32 Friction Device 03/07/32 Mounting ofBrake Anchors 09/18/29 Rheostat 10/19/31 Heat Treat of Magnetic Parts 07/22/29 Automatic Brake Control 08/03/31 Electromagnetic Friction Device 03/03/30 Electromagnetic Friction Device 11/15/33 Magnetic Clutch 12/10/34 Electromagnetic Friction Device 03/09/35 Rheostat 11/01/35 Brake
Inventors)
Fallek, N. Fallek, N.
Warner, A.P. Cadnian, A Cadman, A. Cadman, A. Cadman, A. Warner, A.P.
Cadman, A. Warner, A.C. Whyte,J. Whyte,J. Cadman, A. Warner, A.C. Whyte, J. Cadman, A. Whyte, J. Cadman, A. Warner, A.P. Cadman, A. Warner, A.P. Whyte, J. Warner, A.P. Whyte, J. Whyte, J. Warner, A.P. Warner, A.P. Whyte, J. . Whyte, j. Whyte, J. Whyte, J. Whyte, J.
Cadman, A. Leveen, S.
Meyer, A.A. Whyte, J. Warner, A.P. Warner, A.P. Warner, A.P. Cadman, A, Cadman, A. Cadman, A.
.
39
11572-1000 MXY/dal
2,138,837
2,265,999 2,288.663 2.293.710 2.304.870 2,305,603
124)6/38 12/16/41 07/07/42 08/25/42 12/15/42 12/22/42
07/06,36
08/19/37 05/01/40 12/16/39 01/02/41 09/25/39
Electromagnetic Friction Device
Friction Device Brake Brake Electric Counline Safety Switch
Cadman, A. Cadman, A. Yost, K.M. Cadnian, A. Yost, K.M. Cadman, A.
-
i. )
40
11572-1000 MXY/dal
Patent
RE22.463 2,351,598 2.352,218 2,353,185 2.353,749 2,353,750 RE22.598 2,377,318
Date Issued 03/28/44 06/20/44 06/27/44 07/11/44 07/18/44 07/18/44 02/06/45 06/05/45
Date Description Filed 0501/40 , Brake 12/03/41 Electromagnetic Friction Device
04/04/41 Brake 11/21/41 Electromagnetic Friction Device 12/03/41 Electromagnetic Friction Device 06/07/43 Electromagnetic Friction Device 04/04/41 Brake Mechanism 09/13/43 Brake Control for Vehicle Trains
2,378.943A 06/26/45 2,395,904 03/05/46
2,395,905 2,404,397 2,407,509 2,407,510 2,418,457 2.421.757 2.422.187 2,426,116 2,426,135 2,448,727
2,452,033 2,465.394 2,469,127 2,469.402 2,479,584 2,488.552 2,492,205 2,501,959 2,507,573 2,516,903
03/05/46 07/23/46 09/10/46 09/10/46 04.08/47 i 06/10/47 06/17/47 08/19/47 08/19/47 09/07/48 10/26/48 03/29/49 05/03/49 05/10/49 08/23/49 11/22/49 12/27/49 03/28/50 05/16/50 08/01/50
2,516,904 2,538,796 2,538,797 2,541,445 2,549,217 2,554,874 2.555,215 2,556,976 2,578,715 2,578,716
08/01/50 01/23/51 01/23/51 02/13/51 04/17/51 05/29/51 05/29/51 06/12/51 12/18/51 12/18/51
04/07/41 Brake 05/02/42 Method of and Mechanism for
Braking Heavy Duty Auto. Veh.
04/15/44 Electromagnetic Friction Device 11/06/44 Pressure Actuated Brake Mech.
10/25/43 Circuit Controller 10/11/43 Brake Control 12/21/42 Electrical Coupling Plug 04/07/44 Electromagnetic Friction Device 08/06/45 Brake Mechanism 12/07/44 Friction Element for Brakes 04/21/44 Brake 03/27/44 Solenoid with Armature 04/16/45 Tractor Trailer Brake Control 12/29/44 Brake Mechanism 10/12/44 Friction Element For Brakes 12/07/44 Brake Anchor 10/03/46 Chuck 10/08/45 Magnetic Clutch 03/10/48 Magnetic Friction Clutch 12/07/44 Friction Brake Anchor Const. 12/07/44 Electromagnetic Friction Device 05/02/42 Electrodynamic Brake For Auto
motive Vehicles 05/02/42 Control For Vehicle Braking Sys 12/31/47 Control For Vehicle Braking Sys 01/24/49 Eddy Current Device 04/03/47 Friction Brake 09/27/49 Friction Brake Cooling System 01/21/49 Magnetic Friction Element 05/25/49 Magnetically Control Friction Cl 04/01/47 Return Spring 10/29/48 Magnetically Control Friction Cl 10/19/48 Magnetically Control Friction Cl
Inventors)
Yost, K.M. Cadman, A. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G. Bom, F. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G.
Oetzel, J.G. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G. Bom, F.G. Oetzel, J.G. Edgar, V. Oetzel, J.G. Yost, K.M. Oetzel, J.G. Bom, F.G. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G. Meyer, AA Oetzel, J.G. Warner, AP. Oetzel, J.G. Oetzel, J.G. Oetzel, J.G.
.
Oetzel. J.G. Oetzel, J.G. Oetzel, J.G. Titus, A.H.. Mason, J.A Oetzel, J.G. Warner, A.P. Oetzel, J.G. Mason, J.A Oetzel, J.G.
.
'
41
11572-1000 MXY/dal
Patent No.
2,600,667 2,650,682 2,654.445 2,659,830
Date Issued 06/17/52
09/01/53 10/06/53 11/17/53
Date Filed 03/24/50
01/19/49 03/02/49 12/13/51
Description
Automatic Stop Ctrl for Looms Electromagnetic Friction Device Friction Device Combined Motor and Clutch
2,684,744
2,690,819 2,692,353
07/27/54
10/05/54 10/19/54
03/13/52
01/09/51 10/14/50
Air-cooled Magnetic Friction Ele. Electromagnetic Friction Device Control for Electromagnetics
2,695,687 RE23.902
11/30/54 07/02/52 Magnetic Friction Device WZReplaceable Friction Face
12/07/54 12/13/51 Combined Motor and Clutch
2,697,802 12/21/54 10/07/53 Control F/Gaseous Discharge Devices
2,703,378 2,705,058
2,714,746
2,717,977 2,718,951
2,728.878 2,729,318
2,738.449 2,739,684 2,745,974 2,765,878 2,765,891
2,796,962
2,796,963
2.808,917 2,823,340 2,823,776 2,832,918
2,835,864
03/01/55 04/02/52 03/29/55 11/30/53
08/09/55 10/01/52
09/13/55 07/28/52 09/27/55 08/25/50
12/27/55 . 08/02/54 01/03/56 12/26/51
03/13/56 03/27/56 05/15/56 10/09/56 10/09/56
12/12/51 01/21/55 03/26/52 11/12/52 02/08/54
06/25/51 12/16/55
06125/51 03/08/56
10/08/57 02/11/58 02/18/58 04/29/58
03/01/54 02/16/56 07/16/53 04/07/55
05/20/58 09/14/53
Electromagnet Magnetic Tonq Producing Device Method ofJoining Plastic and Metal Pulsating Ctrl (/Electromagnets Electromagnetic Friction Device and Control
Control for Electromagnets Magnetic Clutch with Stationary Winding Electromagnet Construction Pole Piece Unit For Magnets Eddy CurrentTorq Prod. Device Electromagnetic Friction Device Permanent Magnet Torque Producing Device Magnetic Clutch with Stationary Winding Mangetic Clutch with Stationary Winding Electromagnetic Friction Device Magnetic Work Holder Multiple Magnet Friction Device Magnetic Device and Control Therefor
Welding Control Apparatus
Inventors)
Mason, J.A. Oetzel, J.G. Oetzel, J.G. Mason, JA Kraeplin, R. Myers, P.E.
Meyer, AA. Mason, JA Palmer,R. Anderson, N.K.
Mason, JA Kraeplin, R. Decker, AJi. Modersohn, C. Palmer, RiL Harter, PA Barter, PA
Meyer, AA
Decker, AH. Mason, JA
Sperr, C.J. Jr. Harter, PA
Mason, JA Meyer, AA Oetzel, J.G. Pierce, W.C. Pierce, W.C.
Pierce, W.C.
Harter, PA
Harter, PA Pierce. W.C. Pierce, W.C. Pierce, W-C.
Decker, AIL
2.838,967 2,839,697
2,844,675
06/17/58 06/17/58
07/22/58
10/04/54 Positioning Apparatus 12/08/53 Magnetic Torq Producing Device
06/28/56 Tension Responsive System
Meyer. AA Pierce, W.C. Harter, P.
Edgar, V.R
42
11572-1000 MXY/dal
| 2,853,165 | 09/23/58 1 07/20/55 | Magnetic Friction Torque
Walter, R.C
11572-1000 MXY/dal
Patent No.
Date Issued
2,855,667 10/14/58 2,856,998 10/28/58 2,860,262 11/11/58 2,860,403 11/18/58
2,862,410 12/02/58 2,864,478 12/16/58
2,885,048 05/05/59
2,899,037 08/11/59 2,914,714 11/24/59
2,919,776 01/05/60 2,919,777 01/05/60 2,920,300 01/05/60
2,933,171 04/19/60 2,937,729 05/24/60
2,946,418 07/26/60
2,958,406 11/01/60
2,970,681 02/07/61
Design 07/11/61 190,883 3,030,554 04/17/62
3,037,586 06/05/62
3,040,856 06/26/62
3,054,480 09/18/62
3,055,470 09/25/62
3,069,600 12/18/62
3.095,071 06/25/63 3,105,379 10/01/63
3,127,791 04/07/64 3,130,355 04/21/64 3,135.111 06/02/64
Date Filed
Description
Applying Apparatus
07/25/56 Method ofForming Cams
03/30/54 Magnetic Torq Producing Device
03/11/55 Electric Control Circuit
06/30/53 Method ofMaking A Pole Piece
Unit for Magnets
07/16/56 Position Indicating Mechanism
06/30/53 Pole Piece Unit For Magnets
09/16/57 Magnetic Friction Torque Producing Device
06/20/58 Electromagnetic Torque Device 02/23/55 Permanent Magnet Torque
Producing Device 12/01/55 Magnetic Torq Producing Device 06/09/58 Mangetic Torq Producing Device 12/18/53 Collector Ring Assembly
04/17/57 1 1/22/57 09/20/57
03/10/58 02/20/59 03/02/59
Pilot Actuated Disk Clutch Magnetic Friction Clutch With Stationary Field Electrical Ctrl ofTorq Trans mitting Mechanism
Magnetic Torq Producing Device With Lubricated Friction Faces Wear Adjuster For Magnetic Friction Devices Housing For A Torq Transmitter
05/23/58 Control For A Plurality ofLoad Devices
05/18/59 Momentum Type Torque Producing Device
03/07/60 Reversible Coil Type Actuator For Friction Couplings
02/05/60 Mounting for Magnetic Friction Elements
07/17/59 Magnetic Clutch With Stationary Winding
06/26/58 Selective Energization ofa Plurality ofLoad Devices By Bi State Controls
01/14/60 Band Type Friction Coupling 08/22/61 Apparatus For Meas. Apparent
Bulk Modulus ofa Transientelec-Potentia! Responsive Fluid 01/22/63 Power Transfer Device 05/03/61 Electromagnet 09/20/62 Eddy Current Dynamometer
Inventors)
Kroeger, Ed Meyer, A.A. Harter. P.A. Sperr, CJ. Jr. Meyer, A.A.
Meyer, A.A. Harter, P.A. Walter, R. Pierce, W.C.
Pierce, W.C. Pierce, W.C., Modersohn, C. Pierce, W.C. Walter. R.C. Oetzel, J.G. Edgar, V. Kraeplin, R.C. Sperr, CJ. Jr.
Leeson, J.L. Jr.
Pierce, W.C.
Timmcke, W.E.
Rhodes, Nolan
Leeson, J.L. Jr.
Modersohn, C.
Shoquist, R.H.
Meyer, A.A.
Pierce, W.C.
Leeson, J.L. Smith, Paul
Mason. JA. Ellison, L.E. Nuber, Sigifredo
Roe, Chas. C. Younger, Wm.C. Roe, Chas. C.
44
11572-1000 MXY/dal
{ 3,149,7051 09/22/64 1 08/21/61 |Friction Coupling
Shoquist, Robert
c4
45
11572-1000 MXY/dal
Patent No. 3,149,706
Date Issued
09/22/64
Date Description 03/30/61 Friction Coupling
3,150,678
3,171,523
3.177.995 3,177,996
3,185,899 3.199,645 3,224.536 3340,306
3353,561
3353,563 3354.746 3390,574
3,297,122
09/29/64
03/02/65
04/13/65 04/13/65
05/25/65 08/10/65 12/21/65 03/15/66
05/31/66
05/31/66 06/07/66 12/06/66
01/10/67
07/11/60 Device Utilizing Electro-Viscous Liquid
08/30/61 Coil Clutch W/Separate Friction Band
07/25/62 Pilot Operated Friction Clutch 10/01/62 Electromagnetically Operated
Friction Coil Clutch 05/21/62 Magnet Structure 03/22/63 Electromag Friction Coupling 07/25/62 Magnetic Coil Clutch 07/18/63 Electrostatically Controlled
Friction Coupling
01/24/64 Power Trans. System With Controlled Stop Positioning
02/21/64 Sewing Machine Pwr Trans. Sys 04/12/65 Clutch for Elec Motors 07/06/62 Induction Mtr Ctrl W/Plural
Wound Rtrs which are Axially Reltively Movable for Torq Ctrl 11/27/64 Wear Take-Up Device For Magnetic Friction Couplings
Inventors)
Mason, James A. Decker, ANuber, Sigifredo
Shoquist, Robert
Mason, James Bates, Harold
Skelton, Frank Henning, Dale Mason, J.A. Armstrong, J.W.
Block, P.E.
Myers, P.E. Myers, P.E. Roe,C.C.
Simonson, L.W.
46
11572-1000 MXY/dal
Patent No.
RE25.968
Date Issued
02/22/66
Date Filed
01/17/63
Description
Tractor-Trailer Braking Systems and Operating Mechanism
Inventor(s) Greentree, H.
3,307,669 3,321,827 3,322,249
03/07/67 05/30/67 05/30/67
12/16/64 Friction Coupling Element With Vibration Limiter
07/27/64 Method ofConstructing Magnetic Friction Couplings
07/27/64 Magnetic Friction Couplings
3332,145 3,338,349
3,364,322 3376,483
3340,450
07/25/67 08/29/67
01/16/68
04/02/68
09/05/67
12/16/64 Method ofMaking Mag. Ring 07/27/64 Elec Motor Mounted Magnetic
Friction Brake
09/15/65 Voltage and Load Compensated Flasher
09/30/65 Brush Lifting Mech. for Variable Speed A-C Motor
05/25/65 Variable Speed A-C Mtr. Ctrl
3,404,767 3,405396 3,420,347 3,421,351
10/08/68 10/08/68 01/07/69 01/14/69
04/26/65 Speed and Positioning Ctrl Apparatus ftPower Driven Mach
09/24/65 Take-Up Reel for Rotatable Stator Leads
09/20/66 System for Rapid and Precise Positioning
02/02/67 Method of Forming Bar Screws
3.439,249 3,444,966
3,444,970
3,461,747
3.467,447 3,468,146
04/15/69 05/20/69
05/20/69
08/19/69
09/16/69 09/23/69
01/16/67 Ctrl for Actuating Elec Brake 07/14/67 Disk Brake w/Button-Type Shoes
and Air Cooling
05/05/67 Magnetic Friction Coupling With Partly Laminated Flux Circuit
11/22/67 Reversible Variable Stroke Power Actuator
06/22/67 Ball Way Package 02/02/67 Bar Screw Straightener
3.469.658 3.470,987 3,480,048 3.484,666 3.486.799 3.488,236 RE26.836 3,530,416
3.624,767 3,637,056
09/30/69 10/97/69 11/25/69 12/16/69 12/30/69 01/06/70 03/24/70 09/22/70
11/30/71 01/25/72
01/29/68 Seif-Aligning, Caliper Type Bk, 12/26/67 Mag. Released Friction Bk 02/12/68 Fill Break Detector For A Loom 06/20/66 Servo System 07/11/68 Trailer Brake Ctrl System 12/22/66 Method and App. for Heat Treat 02/21/64 Elec. Spd. Ctrl for Sew Machine 12/13/68 Magnetic Element for Stationary
Fid. Clutches 08/05/70 Self-Adjusting Clutch or Brake 07/22/70 Selectively Disengageable
Helical Spring Clutch
Klinkenberg, H.
Klinkenberg, H. Simonson, L. Klinkenberg, H. Simonson, L. Klinkenberg, H. Klinkenberg, H. Simonson, L. Siiberg, Hemming
Stilley, H. Kordik, K. Stilley, H. Kordik, K. Famum, J.G.E.
Stilley, H. Kordik, K Bales, R.C.
Newman, W. Doran, L. Ezvk, I. Brendemuehl, R. Braukhoff, R.E.
Clark, R.H. Myers, P. Simonson, L. Dahlbeig, B. Newman, W.G. Newman, W. Doran, L., Ezyk, I. Forsythe, Bobbie G. Krueger, E. Block, Paul Easton, Harold Greentree, H. Van Husen, N.W. Myers, P.E. Klinkenberg, H.
Kroeger, E. Baer, J.
'
47
11572-1000 MXY/dal
Patent No.
3,642,106 3,642,330 3.648.810 3,656,358 3,673,817
3,674,122 3,675,747 3.676.009 3,726,372
3,773,156 3,809,990
3,815,435
3.831,724 3,849,736
3,851,541
3,863,118
3,863,743
3,882,757 3,899,061 3,907,071 3.915.268 3,949,285
3,963,971
3,966,024 3.967,179 3,968,416 3.978.947 3.978,948 3.984,711
Date Issued 02/15/72 02/15/72 03/14/72 04/18/72 07/04/72
07/04/72 07/11/72 07/11/72 04/10/73
1 1/20/73 05/07/74
06/11/74
08/27/74 11/19/74
12/03/74
01/28/75
02/04/75
05/13/75 08/12/75 09/23/75 10/28/75 04/06/76
06/15/76
06/29/76 06/29/76 07/06/76 09/07/76 09/07/76 10/05/76
Date Description Filed
07/22/70 Soft Start Clutch
Inventors) Baer, J.
12/22/69 Roller Way Bearing
Newman, W.
06/15/70 Helical Spring Clutch 05/19/70 Linear Positioning Devices 09/23/70 Ball Spline Assembly
Weatherby, J. ; Kopp, N. Doran, L.
Schlenker, T.
11/12/70 Magnetic Friction Cl/Bk.
Buisker, R.
11/09/70 Two Speed Mag. Clutch Drive 12/22/70 Photoelec. Discontinuity 10/27/71 Helical Spring Clutch
07/24/72 Cl-Bk and Mtr Circuit
Obeimark, J. Brendemuehl, R. Baer, J. Weatherby, J. Nyquist, S.
07/27/72 Elec. Mtr Adapted for Both Step and Continuous Operation
11/24/72 Ball Screw Mech.
Kuo, B. Kordik, 1C Eschenbacher, R. Steinbrenner, HansGunter
11/06/72 Clutch and Coupling Unit Frequency Synthesizer
11/15/73 Differential Ball Nut Assembly
Baer, J.
Emerson, D. Warfield, G. Ploss, H, Hildebrandt, HansJoachin
01/26/73 Closed-Loop Speed Control For Step Motors
10/05/73 Subassembly for Magnetic Friction Coupling
Lander, E. Yackel, R. Singh, G. Rule, R.
02/11/70 Textile Machine Clutch 04/29/74 Excitation Control 05/03/74 Foolproof Control System
Weatherby, J. Krug.W. Wells, W.
12/16/74 Clutch-Brake Unit
.
10/15/74 Tapered thread numerical control
system for a lathe
MacDonald, J. Rossbirt, Hermann
12/19/74 Velocity change circuit for digital Leenhouts, Albert C.
motor
Senak, Peter, J.
01/23/75 Helical Spring clutch
Emery, Arthur Baer, j.
05/30/74 Power supply for step motorO 07/01/74 Motor control for a step motor
Loyzrin, Robert J. Leenhouts, Albert C.
08/26/74 Clutch Brake Unit 04/28/75 Neutral-Type Elec. Cl/Bk Unit 04/07/75 Variable Reluctance Step Mtr.
Modersohn, C. Baer, J. Kordik, K.
48
11572-1000 MXY/dal
Patent
Date Issued
Date Filed
Description
Inventors)
4,000,451
4.004.663 4,014,412 4,016,472
4,027,222 4,034,277 4,034.963 4,048,530 4,052,695 4,066,944 4,066.996 4,068,748 4,070,592 4,070,608 4,074,179
4,075,544 4,081,736 4,090,120
4,119,901 4,121,144 4,125,801 4,127285 4,127,801 4,131,188 4,153,866
12/28/76
01/25/77 03/29/77 04/05/77
05/31/77 07/05/77 07/12/77 09/13/77 10/04/77 01/03/78 01/03/78 01/17/78 01/24/78 01/24/78 02/14/78
02/21/78 03/28/78 05/16/78
10/10/78 10/17/78 l1/14/78 11/28/78 11/28/78 12/26/78 05/08/79
11/18/74
02/17/76 02/17/76 01/17/75
07/14/75 08/13/75 05/05/75 02/17/76 05/06/76 02/20/76 12/06/76 10/08/76 12/22/75 06/16/75
10/27/76 07/09/76 05/08/75
10/03/75 01/24/77 08/22/77 10/26/77 05/16/77 12/08/76 05/16/77
Motion control system and method for length coded sequential commands Elec. Ctrl. Bk. Assembly Elec. Ctrl. Bk. withlmproved Anti-Rotation Bracket f/Magnet
Non-linear velocity change circuit for consecutive length commanded digital motor means Manual control hi a motion control system Pulse to step error sensing circuit
Mech. ^Maintaining Constant Electric motor with plastic encapsulated stator
Breakaway Protection for Elec. Controlled Trailer Brakes
Motion control system with incremental data commands Breakaway Protection Shaft Mounted Standby Drive Cl
Three step sequence motor
Two axes NC system with tool offset Position Detection Methods and Apparatus for Step Motors
Linear velocity change step
motor circuit
Open loop motor stabilization method and circuit
Method and means for
controlling energization by
commands
Pulse to step motor stabilizing
circuit
Step motor energizing circuit and
method for minimizing step pos.
Presettable no. to step motor
control system
Pamphlet with backbone
Power chopper supply for a bifilar wound step motor
Lubrication Arrangement for a
Coupling Device
Pulse to step stepping motor
control circuit
Leenhouts, Albert C.
Stibbe, R. Swanson, D. Walter, R, Leenhouts, Albert C.
Leenhouts, Albert C.
Leenhouts, Albert C. Warman, C.P. Kaufman, George Jr.
Myers, P.
Leenhouts, Albert C.
Davis, D. Charchian, L. Heidenreich, D Snowdon, Arthur Palraero, Albert Rosshirt, Hermann Jarosik. Robert J. Kuo, Ben Frus, J. Singh, G. Leenhouts, Albert C.
Leenhouts, Albert C. Singh, Gurdial Leenhouts, Albert C.
Leenhouts, Albert C.
Leenhouts, Albert C.
Leenhouts, Albert C.
Leachman, Frank A. Leenhouts, Albert C.
Charchian, L.
Leenhouts, Albert C.
49
.
11572-1000 MXY/dal
Patent
4,156,162
Date Issued
05/22/79
4,156,478 05/29/79
4,160,498 07/10/79
4,162,000 07/24/79 4,163,184 07/31/79
4,163,932 08/07/79
4,164,693 08/14/79
4,172,242 10/23/79
4,177,690 12/11/79 4,178,539 12/11/79
4,186,316 01/29/80 4,187,603 02/12/80
4,187,939 02/12/80
4,187,940 02/04/80
4,191,279 03/04/80 4,191,283 03/04/80
4,201,281 05/06/80
4,207,483 06T0/80 4,208,623 06/17/80
4,209,213 06/24/80
4,210,890 07/01/80 4,213,521 07/22/80
4,220,904 09/02/80
4222,614 D257239 4.250,762 4,260,917
09/16/80 10/07/80 02/17/81 04/07/81
4,263,547 04/21/81
Date Filed 03/16/77
Description Winder Motor Control System
.
08/29/77 ilec. Released Electromagnetic Friction Brake
12/14/77 Electromagnetic Coupling
05/31/77 Sprag For One-Way Clutches
10/04/74 Arcuate movement numerical Ctrl. Method and system
10/07/74 Numerical Ctrl. System and method for a 3 axes movement
05/30/74 Method and system for producing linear contouring movement
05/03/78 Electromagnet for Use With A Brake
02/22/78 Ball Screw and Nut 08/03/78 . Stepping AC line voltage
regulator
04/03/78 Shaped rtr. Teeth for step mtr.
10/16/78 12/14/77
Method of Making Elec. Released Electromagnetic Friction Brake Arm. Assembly for Electromagnetic Coupling
02/07/77 Free floating, self-aligning shaft
coupling device 12/30/77 Self-Lubricating One-Way Cplg.
08/24/78 Helical Spg. Cplg. With Pro grammable Control Collar
05/22/78 Elec. Clutch Having A Contractible Friction Shoe
09/01/78 Step Mtr. With Circumferential Stators
05/25/78 Chopping power supply for a bifilar step mtr.
04/10/78 Bmshholder and Slip Ring
Assbly
09/27/78 Field Assembly For Electromag. 12/22/76 Clutch-Brake Assembly For
Rotary Implements
10/26/77 Stabilizing circuit for step mtrs. With unipolar
02/22/79 05/10/78 03/30/79 07/13/78
05/10/78
Surge Control For Elec Trt Bk. Electrical test probe Actuator Having Drive Screw Interconnection for the windings and lead wires ofa motor Test probe and terminal
Inventor(s)
Warfield, G. Jenkins, M. Kroeger, E.
Newton, Paul Olsen, Rbt. Zlotek, Thaddeus Leenhouts, Albert C.
Leenhouts, Albert C.
Leenhouts, Albert C.
Myers, P. Kroeger, E Klinkenberg, H. Crapo, Roland L.
Singh, Gurdial Kroeger, E.
Silvestrini, R. Newton, P. Ratliff, Warman
Brown, R. Keeny, H.
MacDonald, J.
Baer, J.
Leenhouts, Albert C.
Wussow, J.
Olsen, R. Modersohn, C.
Leenhouts, Albert C.
Spechko, J. Johnson, Philmore E. Weatherby, J. Lundin, Rbt S. Hathway, Randal Johnson, Philmore E
50
11572-1000 MXY/dal
Patent No.
4,266,437 4,274,041
Date Issued 05/12/81 06/16/81
Date Filed
05/04/79 07/13/78
4,286,701 09/01/81 12/26/79 4,286,793 09/01/81 07/20/79
4291264 09/22/81 09/04/79 4291,795 09/29/81 02/22/79
4,295,083 10/13/81 07/02/79
4,310,866
4,315305 4,319,175 4321,992 4,327298
01/12/82 02/09/82 03/09/82 03/30/82 04/27/82
09/28/79 09/12/79 06/06/80 07/07/80 12/14/79
4,330,054 05/18/82 05/19/80
4331.994 05/25/82 09/28/79 4,344,056 08/10/82 07/31/80
4,349,957 09/21/82 04/30/80
4369,011 01/18/83 07/31/80 4373,359 02/15/83 12/29/80
4,373,620 02/15/83 10/26/79
4375.612 03AH/83 4,386288 05/31/83 05/26/81
RE31325 07/26/83 12/02/81
4,388388 06/21/83i 05/11/81 4,406,958 09/27/83 04/06/81
4.418,811 12/06/83 05/04/81 4,445,606 05/01/84 12/14/81
Description
Ball Screw and Nut Assembly Voltage commanded step mtr. control circuit Amplifying Clutch Ice Btk. & Mud Deflecting Device For Ball Screw and Nut Power Factor Control Sys Coupling Lubrication System Holdback with Audi inletube system Pulsed energy step mtr power control unit Shoot thru Fault Protection Controlled D-C Power Supply Stabilized step-rntrsystem Wrap Spring Coupling Battery Backup System For Microcomputer Amplifying Clutch With Radially Contractible Shoe Shootthru Fault Protection Electromagnet With Replaceable Friction Face Method ofmaking a bobbin wound step mtr. Preloaded Ball Screw Assembly Torque Limiting Mechanism
Elastomeric Energizer For Sprag Clutch
Step. Mtrs. Having detented ' winding and winding method Stepping AC line voltage regulator Anti-Kickback Clutch-Brake Step motors with disc magnet
Cl With Fail-Safe Helical Spg Arm. Assembly ForElec. Cplg.
Inventors)
Obergfell, B. Mosel, Edward F.
MacDonald, J. Ploss,H. Remerisperger, A. Siemon, Edward Charchian, Loris Emmons, Donald Zlotek, Thaddeus Leenhouts, Albert C.
Wirth, William Siemon, Edward Leenhouts, Albert C. Gallo, Charles Burgin, Albert
MacDonald, J.G. Fraser
Wirth. William Kroeger, Ed Myers, Phillip Lundin, Roberts.
Ploss, Helmut Pearch,Dean Pung, Thomas Zlotek, T.
Laurie, WmH
Crapo, Roland
MacDonald, J.G. Palmero, Albert Brigham, Robert N. Lundin, Roberts. MacDonald, J.G. VanLaningham, Kal
51
11572-1000 MXY/dal
Patent No.
4,476,965
4,477,758
4,493,407
4,496,922 D276.028
Date Issued 10/16/84
10/16/84
01/15/85
01/29/85 10/23/84
Date Description Filed 08/09/82 Electromagnetic Brake with Cam
Release 06/10/83 Step Mtr. overcurrent detection
and protection device
12/14/81 Armature Assembly For Electro magnetic Clutch
12/05/83 Electromag. Released Coupling 04/21/81 Line voltage monitor system
4,496,923 4,509,091
RE33,140
4,515,251 4,516,048 4,518,907 D281,401 4,521,840 4,558,275
01/29/85 04/02/85
01/02/90
05/07/85 05/07/85 05/21/85 11/19/85 01/04/85 12/10/85
09/13/82 Elec device w/improved heat dissipation
02/17/84 Methods and Apparatus For Controlling Engagement ofGapType Electromag. Couplings
02/17/84 Methods and Apparatus For Controlling Engagement ofGapType Electromag. Couplings
01/26/83 Electromagnetic Brake 09/29/83 Stator w/non-uniformity spaced
teeth rotating electromag device
11/07/83 Digital Motor, control method and means
06/20/83 Detector module for a line monitor or the like DC bus. current monitoring system
04/21/81 Line voltage monitor system
4,560,970 4,567,975 4,569,428
12/24/85 02/04/86 02/11/86
09/07/84 Variable transformer w/multilayer coil
02/17/84 Apparatus and Method For Controlling Engagement
01/25/83 Actuator for Friction Coupling
Inventors)
Brown, Henry Fredette, Andrew De Biasi, Mark S.
Newton, Paul
Pardee, James Crotty, Chas. A.; Payne, George L.; Perrins, Allen Lenzing, Richard S.
Booth, Dwight
Booth, Dwight
Wruk, Thomas Brigham, Robert N.
Giguere, Irving J.
Perrins, Allen R.
Hoadley, Frederick
Borowy, Dennis Crotty, Charles Perrins, R. Senak, Peter Jr. Lenzing, Richard S.
Roll, Thomas
Forsythe, Bobbie G. Burkmire, Chas. R.
4,577,146
4,620,296
4,621,720 4,622,686 4,626,719
4.634,948 4,636,662
4,642,494
03/18/86
10/28/86
11/11/86 11/11/86 12/02/86
01/06/87 01/13/87
02/10/87
06/12/84 Variable auto-transformer having indexed stepping brush
11/29/84 Protection System For Immunizing A Controlled D-C Power Simply
12/26/85 Dual Start Drive System 10/19/84 Up/down counter interface means 07/22/80 Step Motor Having Rotor With
Axially Spaced Sections
05/17/85 Step Mtr. winding for bipolar dr 11/14/84 Method and means for increasing
freauencv of update of direction 10/02/85 Means to improve performance
Lenzing, Richard S.
Siemon, Edward
Zlotek, Thaddeus Lundin, Robert S. Foster, Ronald
Brigham, Robert N. Lundin, Robert S.
Lundin, Robert S.
52
11572-1000 MXY/dal
Patent
4,647,829 4,647,861
4.673.073 4,685,202 4,689,023 4,718,529 4,733,113
4.733.117 4,739,201 4,749,073 4,756,395 4,757,887 4,761,578 4,763,052 4,777,463 4,792,709 4,794,511 4,818,840
Date Issued .03/03/87 03/03/87
06,16/87 08/11/87 08/25/87 01/12/88 03/22/88
03/22/88 04/19/88
07/12/88 07/19/88 08/02/88 08/09/88 10/11/88 12/20/88 12/27/88 04/04/89
Date Filed
Description
Inventors)
ofelectric motors
Petritis, Demetris
09/03/85 Means and method for step mtr Giguere, Irving J.
stabilization
Gianni, Thomas R.
11/14/84 Method and means for producing a Petritis, Demetris
DC signal proportional to peak Lundin, Robert S.
Crozier, John H.
08/05/85 Centrifugal Spring Clutch
Weatherby, John
01/13/86 Method ofForming A Coupling Booth, Dwight
Disc for an Electromag. Couplg Cory, Michael
08/27/85 Programmable Elec. Connector Strong, Wm.
Olyarchik, John Jr.
07/31/86 Friction Face for Mag Coupling Kroeger, Ed
Dvorak, Richard
02/05/87 Winding for operation ofa 3
Smith, Robert C.
phase step mtr from 2 phase
drive
04/27/87 Reluctance synchro/resolver
Perrins; Allen R,
07/25/86 Means to reduce harmonic torque Brigham, Robert N.
in electromagnetic machines
Vivirito, Joseph R
05/11/87 Soft-Start Electromag. Cplg.
Olsen, Robert
12/03/85 Overrunning Clutch With
Zlotek, Thaddeus
Controlled Sprag Action
07/10/86 Split Thrust/Retainer Ring for an Ostrander, Robert
Oveihuinuig Clutch
Magee, Kurt
02/27/87 Method and means for operating Lundin, Robert S.
brushless DC mtr
06/25/87 Method and means for driving a Lundin, Robert S.
brushless DC mtr.
Petritis, Demetris C.
09/25/87 Magnetic Fixture Assembly
Cory, Michael
Dean, Donald
03/18/87 Winding for operation of 3 phase Smith, Robert c.
step mtr. from 2 phase drive
Horst, Gary E.
01/11/88 Apparatus and method for
Lundin, Robert S.
generating 2 phase signals
12/14/87 Method ofMaking An electromagnetic Coupling Disc
Booth, Dwight Lippincott, Gerry
4,828,091
4,853,631 ,4,857,033 4,864,884
4,866,382
4,868,477
4,872,795
4,878,570
05/09/89 08/01/89
02/05/88 ("Aerostar") Electromagneticaliy Actuated Friction Disc Clutch
11/04/87 Magnetoresistive Sensor
09/12/89 09/12/89
08/1/88 Ball Nut and Means For Attaching Mounting Flange
11/04/87 Magnet Rotary Encoder System
09/19/89 10/10/89 11/07/89
06/23/87 Method and Apparatus for Controlling Torque
09/09/88 Nut Assembly with Rotatable Sleeve
01/25/88 Surface Hardened Sprags and
53
Gustin, David
Carmen, Ralph
Klinkenberg, Hubert
Carmen, Ralph Campbell, Peter Anderson, Frank Senak, Peter Davis, Evy
Zlotek, Thaddeus
11572-1000 MXY/dal
Patent
Date Issued
4,891,077 01/02/90
Date Filed
10/27/88
Description
Rollers Method ofMaking Electromag. Coupling Disc
4,891,619 01/02/90 10/24/88 Electromag. Cplg. Disc
4,894,907 01/23/90 4,949,828 08/21/90 4,951,797 08/28/90
01/05/89 Longitudinally contoured electrical conductor
10/21/88 Apparatus and Method for Sensing Clutch Slippage
10/25/88 Electromag. Coupling Disc
4,953,419 09/04/90 09/19/89 Ball Screw Return System
4,954,740 09/04/90
DBS 11/06/90 311,899
10/27/87 Stator Winding for 2-Speed Electrodynamic Machines
04/17/87 Enclosure for Portable Voltage Conditioning Equipment
4,974,705 12/04/90 12/18/89 Electromag. Friction Bk 4,981,459 01/01/91 05/30/89 Anti-Lock Ball Spline Assbly,
Inventors)
Booth, Dwight Roll, Thomas
Booth, Dwight Lippincott, Gerry Watt, Julian Lending, Richard Olsen, Robert
Booth, Dwight DeYoung, Daniel Schlenker, Theodore
Brigham, Robot
Lenzing, Richard Gmuer, Thomas Juneau, Paul LaPensee, Michael Klinkenberg, Hubert
54
11572-1000 MXY/dal
Patent
4,990,809
Date Issued
Date Filed
Description
02/05/91 04/27/87 Variable Reluctance Motor
5,007,511 5.014.568 5,032,816
5,033.595 5,036,964
5,045,036
04/16/91 05/14/91 07/16/91
07/23/91 08/06/91
09/03/91
11/02/89 02/28/90 11/02/89
06/08/90 03/28/90
12/11/90
Bi-Directional Back Stopping Cl Deflector for Ball Screw and Nut Longitudinally Contoured Conductor Clutch/Brake Unit Arm. Assembly for Electromag. Coupling Electromagnetic Speed Change Apparatus
Inventors)
Artus, Richard
Balestro, Anthony
Perrins, Allen
Senak, Peter
Ostrander, Robert
Schlenker, Theodore
Leazing, Richard
Watt, Julian
Pardee, James
Booth, Dwight
DeYoung, Daniel
Reuter, David
Larson, Paul
'
.
5,052,534 10/01/91 10/30/90 Electromag. Synchronizing and Shifting Clutch
5,063,809
5.070.976 5,090,530 5,091,619
5,094,332 5,096,036
11/12/91
12/10/91 02/25/92 02/25/92
03/10/92 03/17/92
10/15/90
12/27/90 12/28/90 06/26/90
12/31/90 05/3190
Return Tube Arrangement For Ball Screw Assembly Sprag Retainer Wrap Spring Cl/Bk Unit Apparatus For Resistance Bonding Electromagnetic Coils Digital Control System Electromag. Cplg Discs
5,099,974 03/31/92 08/01/90 Electromag. Actuated Spg. Cl 5,100,311 03/31/92 09/21/90 Coil Locator for Mold Encap.
5,104,461 5.119,915 5,119.918 5.123.972 5,125,255
5,150,779 5,159,522
04/14/92 06/09/92 06/09/92 06/23/92 06/30/92
04/30/90 05/15/91 10/11/91 04/09/91 06/27/91
09/29/92 01/14/92 10/27/92 02/27/90
Hardened Insert for Backstop Cl Electromag. Cplg Arm Electromag Cl w/Perm Mag Bk Hardened Insert and Bk Shoe Method of Making Electromag. Coupling Disc Arm. Assem F/Electromag Cplg Elec. Cl. Actuator
Gustin, David Stibbe, Robert Larson, Paul
Schlenker, Theodore
Zlotek, Thaddeus Leone, Michael Wall, John Walter, Edward Wall, John Booth, Dwight DeYoung, Daniel Kruger, Steven
Spechko, John Clemens, Douglas Waring, Henry Ostrander, Robert Nelson, Dennis Pardee, James Ostrander, Robert Brown, Joseph Burruss, Lowell Booth, Dwight Gray, Larry
5,160,004 5,168,187
5,178,029 5,181,593 5,209,414 5,250,921
11/03/92 08/26/91 Clutch/Brake Mechanism 12/01/92 02/20/91 Axial Pole Stepping Motor
01/12/93 09/10/91 Ball Screw Seal 06/26/93 02/18/92 Cl Wear Indicator Apparatus
05/11/93 10/05/93
10/30/91 Apparatus for Precisely Winding A Coil of Wire
10/19/90 Fid. Assembly For
55
Scott, Michael Cutler, Andrew Baer, John Coon, William Frus.John Klinkenberg, Hubert
Flotow, Richard Lewis, J. Michael Clemens, Douglas Wall, John
VanLamngham, Kalvin
i
11572-1000 MXY/da!
Patent
5,280,829 5.285.882 5,285,950 5,295,406 5,305,865
5,3 10,034 5,325,949 5,330,109 5,331,246 5,335.760 5,337,869 5,370,209
5,372,228
5373.755 5.424,624 5,445,259 5,461,541
5,481,147 5,485,046 5,497,136 5,545,103 5349.186 5367,999
Date Issued
01/25/94 02/15/94 02/15/94 03/22/94 04/26/94
05/10/94 05/07/94 09/07/94 09/19/94 08/09/94 08/16/94 12/06/94
12/13/94
12/20/94 06/13/95 08/29/95 10/24/95
01/02/96 01/16/95 03/05/96 08/13/96 08/27/96 10/22/96
Date Filed
08/18/92 12/23/92 06/19/91 09/23/92 03/05/93
11/09/92 10/12/93 03/10/92 12/30/92 08/05/93 12/15/92 09/10/93
03/04/93
07/30/93 02/08/93 08/30/93 02/22/94
01/03/94 02/20/92 05/04/94 08/01/94 11/30/94 12/30/94
Description
Electromagnet
Split Tube Having Retainable Ends Cl With Spacer For Support Brg Wire Sprag Retainer Load Lock For Ball Nut and Screw Mechanism Rtr for Electromagnetic Coupling
Supporting Hub for Clutch and Pump Assembly Wear adjustment
Grinding Mill Control Coil Assbly Retainer for El Mtr Magnetic Flux Breaker Spirag Retainer w/Rotational Restraint Electromagnetic Coupling Arm Assembly Adaptable to Various Types of Hubs Sound-Damping Arm. Assembly For Electromagnetic Coupling
Skirt Deflector For Ball Nut Driver Circuit For Elec Actuator High Strength Electromagnetic Coupling Disc Enclosure for an Electronic Circuit Module
Synchronous Inductor EL Motor
Variable Reluctance Elec Motor
Locating Ring for Encapsulating a Coil Vehicle Transfer Case With Dual Electrically-actuated Mag. CL Clutch/Brake Assembly (BBCU.) Bobbin Structure for Eelctroraagnetic Coil Assembly
Inventors)
Blakeman, Mark Booth, Dwight Carlson, John Clemens, Douglas Dobson, Stewart Keller, Robert Forsythe, Bobbie
Pardee, James Zlotek, Thaddeus Alfano, Don
Larson, Paul Pardee, James Stibbe, Robert Bemabei, Louis
Dommett, S; Davies P.; Hakon, I. Walter, D. Baronosky, Richard Leone, Michael Zlotek, Thaddeus
VanLaningham, Kalvin Booth, Dwight
VanLaningham, Kalvin Hable, Joel Booth, Dwight Rohlinger, Mark Senak, Peter Nelson, Dennis
Wentland, Wm. A. Hansen, Alan Rosati, Ramon W. Kaplan, Martin Senak, Peter Jr. Kaplan, Martin Senak, Peter Wall, John
Gustin, David C.
Pardee, James Baronosky, Richard Kaplan, Martin Senak, Peter, Jr.
56
11572-1000 MXY/dal
Patent 5,600,294
5,642,797 5,646,496 5,659,452 5,661381
5,668,430 5,708,955 5,719,456
Date Issued 02/04/97
07/01/97 07/08/97 08/19/97 08/26/97
09/16/97 01/13/98 02/17/98
Date Description Filed 12/27/94 Interlocking Bobbin and Cap for
Electromagnetic Coil Assembly
01/11/95 Two phase mtr. From 3 phase source
01/31/96 Linear act Control circuit with elec. Arc suppression
02/08/96 Molded plastic rotor assembly for electromagnetic friction cl
03/18/96 Apparatus and method for gener ating digital position signals
04/17/96 Method ofDrive protection for a switched reluctance electric mtr.
02/15/96 Apparatus for external inductance sensing for variable-reluctance motor commutation
04/17/96 Dual-sectioned switched reluctance motor
11/16/95 Powdered metal magnetic flux break
05/18/94 Variable reluctance eL motor
Inventors)
Buenconsejo.G; Doehrman, K; Stanley, L; Waring, H. Senak, Peter
Wall, John
.
Woodland, Lane Marvin, Daryl J. Blackburn, Scott E.
Blackburn, Scott E.
Kolomeitsev, Sergei F Ungrue, James Kolomeitsev, Sergei F
5,729,112 5,735,375 5,742,139
5,760,562
5.777,416 5,783,916
5,783,940
5,786.681 5,809,833 5,844,346
03/17/98 04/07/98 04/21/98
06/02/98
07/07/98 07/21/98
07/21/98
07/28/98 09/22/98 12/01/98
07/26/96 Phase current sensing in a bifilarwound sw. reluct, mtr. dr.
05/31/96 Nitrocaiburized component for electromagnetic friction cl ably
07/26/96 Method and apparatus for reduc. noise in a variable reluctance mtr.
10/14/97 Metric Sprag
06/05/97 Apparatus and Method For Generating Digital Position Signals For a Rotatable Shaft
12/23/96 Switched reluctance motor.... 07/02/96 Apparatus and method for
generating rotor position signals and controlling commutation in a variable reluctance electric motor 12/23/96 Encoder Circuit for determining the position ofa rotor ofa multiphase motor 11/15/96 Active phase coil inductance 09/24/96 Linear Actuator
04/18/96 Low torque ripple switched reluctance motor
Blackburn, Scott E.
Booth D., Gustin Dave, Larson Paul, Olsen, Rbt Kolomeitsev, Sergei
Creech, Michael Cronin, Chris Woodland, Lane L. Marvin, Daryl J.
Kolomeitsev. S. Blackburn, Scott
Kolomeitsev, Sergei
Kalpathi, Ramani Newport, Samuel Thompson, Chas. Kolomeitsev, Sergei Brodsky, Fred
57
11572-1000 MXY/dal
5,861,727
01/19/99
04/17/96 System for controlling operation ofa switched reluctance motor between multi-phase operating mode and a reduced phase operating mode
Kolomeitsev, Sergei
58
11572-1000 MXY/dal
Patent
5,862,902
Date Issued 01/26/99
5,865,284 02/02/99 5,866,965 02/02/99
5,870,818 02/16/99 5,893,440 04/13/99 5,914,579 06/22/99
Date Description Filed 11/05/96 Combined coil housing and shaft
bearing for an electromagnetic friction clutch assembly 06/21/96 Formlock shoes w/flats 02/19/93 Variable Reluctance Mtr. having foil wire wound coils Continuation ofSer. 722,349, June 17,1991 abandoned. Appl. 2/19/93 Ser. #20,232 07/28/95 Pole PC. For electro-magnetic friction clutch
06/13/97 Flexible Mounting For A Clutch (Spherical big. on plate mtr. cl./Flex. mtg. for cl 1-4897)
10/02.97 Direct current command...
Inventors) Howrie, William C.
Creech, Michael Baronosky, Richard A. Senak, Peter Wollins, Steven H.
Bisaga, J. Leone, M.
Komm, Wm.
5,920,176 07/06/99 5,920,981 07/13/99 5,967,274 10/19/99
5,971,121 10/26/99 5,973,462 10/26/99
5,988,328 11/23/99 6,000,512 12/14/99 6,021,971 02/08/00
08/18/98 C-dump topology noise reduction 03/25/97 Method ofmfg. 2 pc. rotor
10/22/97 Wrap spring clutch/brake assembly having soft start and soft stop capabilities
04/30/98 Mag Stop Clutch W/Center Pole 03/30/98 Method & apparatus of reducing
acoustic noise in switched reluctance electric motor
03/17/98 Spring sat centrifugal released brake
07/30/97 Leafspring cage centering device
09/30/98 Winding head for wire coils
10/31/97 AC drive display 5/13/97 Winding structure for operating
two phase motor . 4/15/96 Laminated rotor assembly 7/26/95 programmable termination strip
for elect, motor
02/13/98 Speed control wrap spring cL
10/21/97 Operator panel keypad for AC dr
1/22/99 Switched reluctance motor Multiple Actuator Brake
12/31/97 Over-molded diode
Blackburn, Kolomeitsev Gander, Bushelle, Sieemund, Yaniak Leone, M!
Pardee, Jim Kalpathi, Ramani R Liu, Ning Blackburn, Scott Kolomeitsev, SergeiF Newport, Sam
Cronin, Chris Creech. Michael Sheckler, Anthony Edwards, Keith Myers, Kevin L. Rosati, R Senak, P.
Getschmann Saman,M. Westergren Kwapien S. Wussow, Jim Schlosser, Kevin (Spicer) Rosati, R. Reicher, E. Bums,. J. Eigo, G. Senak, P. Chojecki, D Buenconsejo
59
11572-1000 MXY/dal
Patent
Date Issued
Date Filed
Description
Speed Locking Asbly for Air actuated clutch/brake
Inventors) Chojecki,D
02/27/98 Sound Damping Arm. Assbly (Unidamp Doily)
08/13/98 Electromagnetic Cplg. Arm. Assembly w/counterweight
9/25/98 Phase shifting network
3/9/99 Spring clamp 5/28/98 Pluggable I/O breakout connector
1/5/99 Direct current command generation for step motor
11/24/98 Noise Reduction Devices for a Brake
4/13/99 Step motor stabilization control
08/24/99 Servo Motor (electromagnet
spring set)
*
Booth, Dwight Heim, Jim Licari, James Booth, Dwight Blakeman, Mark Taylor, Brian Lenzing, R; Saman, M; Dudley Reicher, E. Rosati, R; Goslicki Komm
Booth, Dwight Heim, James Kitchens, Cheryl Kruger, Steven Lankfbtd, George Larson, Paul Nelson, Dennis
Hansen. A. Gustin, David Nelson, Dennis Pink, Todd Leone. Michael
60
11572-1000 MXY/dal
INTERROGATORY NO. 36: Identify any and all documents, including, but not limited to, written memoranda,
specifications, blueprints, formulas, patterns and designs, referring to, relating to or reflecting the design, preparation, application and/or installation ofeach product listed in response to Interrogatory No. 19. ANSWER:
Further objecting, without identification of a specific product, this interrogatory is overly broad and unduly burdensome. Subject to and without waiving objections, ifPlaintiffs will identify a specific asbestos-containing product made by Warner Electric, Dana will inquire about available information requested about that product. A number of catalogues identify specific products and provide specific information related to the product. Other information is available about design changes over time.
INTERROGATORY NO. 37: With respect to each product listed in response to Interrogatory No. 19, state:
. (a) The type of asbestos contained in the product as it was first manufactured; (b) The percentage of asbestos contained in the product as it was first manufactured; (c) Any modification to the product which altered the percentage or type o fasbestos in the product and the dates of such modification; (d) The source of asbestos in each product; (e) The color, physical characteristics, and appearance of each product; (f) Any and all other names under which the product was sold, at any time;
61
11572-1000 MXY/dal
.
(g) The number and date of each patent or patent application for each product;
(h) Ifthe product continued to be produced after the deletion ofasbestos, all reasons why the asbestos was deleted, the identity of the person(s) who made the decision to delete the asbestos, and the date the product was first produced without the asbestos;
(i) If the product is no longer produced, all reasons it was discontinued, the identity of the person(s) who made the decision to discontinue the product, the brand name of the replacement product, and the date the replacement product first went into production; and
(j) The reasons why asbestos was used as an ingredient in each such product.
ANSWER:
(a) Defendant believes that the products supplied, ifthey contained asbestos, contained chrysotile asbestos. See the information contained in Answer to Interrogatory No. 25;
(b) Generally unknown. However, see Answer to Interrogatory No. 25 (incorporated herein as if fully rewritten) that provides friction suppliers' material numbers. Suppliers may be able to provide the information. The friction material suppliers for many years apparently considered the composition of the friction material to be proprietary. Warner Electric established performance criteria and tested friction materials provided by suppliers to determine whether a friction material met the Warner Electric performance criteria. In the I980's, Warner Electric Brake & Clutch Company did receive some information from suppliers about asbestos content. See Answer to Interrogatory No. 93, which is incorporated herein as if fully rewritten;
(c) See Answer to Interrogatory No. 37(b), which is incorporated herein as if fully rewritten;
(d) See Answer to Interrogatory No. 25, which is incorporated herein as if fully rewritten;
(e) See Answer to Interrogatory No. 25, which is incorporated herein as if fully rewritten;
(f) The generic identification given in response to Interrogatory No. 19 (incorporated herein as if fully rewritten) is applicable. Some products included a description that more particularly defined the type. Additional information by product is available in
62
o
11572-1000 MXY/dal
the catalogs being produced to Plaintiffs but is too voluminous to also attach to these responses;
(g) See patent information provided in response to Interrogatory No. 35, which is incorporated herein as if fully rewritten;
(h) The generic product lines contained in InterrogatoryNo. 19 (incorporated herein as if fully rewritten) continued to be produced after the deletion of asbestos-containing friction material. The decision to convert to non-asbestos occurred prior to Defendant's ownership of Warner Electric. Defendant does not know ifthere was one person who ultimately made the decision but it is understood that management made the decision and that the phase-out process was due to concerns about employee health, increasing regulation ofasbestos in the workplace, the tightening supply of asbestos-containing friction products and the desire to be a leader in the industry. See also Answer to Interrogatory No. 16, which is incorporated herein as if fully rewritten;
(i) See Answer to Interrogatory No. 37(h), which is incorporated herein as if fully rewritten;
(j) See Answer to Interrogatory No. 37(b), which is incorporated as if fully rewritten. als met Warner Electric performance criteria.
Identify any and all facilities at which Defendant, any predecessor or any related company, at
any time, manufactured or processed asbestos-containing products, or processed raw asbestos. For
each such facility identified:
(a) State the date(s) which said facility was owned and/or operated by Defendant, any predecessor or any related company;
(b) State the date(s) during which asbestos-containing products and/or raw asbestos were manufactured or processed, at said facility; and,
(c) ANSWER:
Identify each person serving as the manager or supervisor ofsaid facility during any time which the facility has been owned and/or operated by Defendant, any predecessor or any related company, and state the date(s) ofthe tenure as manager or supervisor for each.
63
11572-1000 MXY/dal
See Answer to Interrogatory No. 6, which is incorporated herein as if fully rewritten.
(a-b)
449 Gardner Street, S. Beloit, IL 61080 until the early 1960's and 5253 McCuny Road, Roscoe.IL 61073 from the early 1960's until Warner Electric Brake & Clutch Company no longer manufactured asbestos-containing products;
(c) Known names include: Andy Anderson, Joe Ross, Jack O'Reilly, Ken Wolf, Don Dean and Hugh Klinenberg.
INTERROGATORY NO. 39:
[Withdrawn under April 14,2000 Order.]
INTERROGATORY NO. 40:
Identify any and all persons known by you to have any knowledge concerning the
manufacture, sale, distribution, possession, application, installation or use of the products listed in
response to Interrogatory No. 19.
ANSWER:
Defendant objects to the request to name and identify all persons in these categories as overly
broad and unduly burdensome. See also Answers to Interrogatory Nos. 35 and 38, which are
incorporated herein as if fully rewritten.
INTERROGATORY NO. 41:
Has Defendant, any predecessor or any related company, at any time, designed,
manufactured, processed, sold, distributed, supplied, applied, installed or contracted to apply or
install any product which contained vermiculite?
ANSWER:
Defendant currently is not aware ofany such product that contained vermiculite.
INTERROGATORY NO. 42:
64
11572-1000 MXY/dal
Ifyotur Answer to Interrogatory No. 41 is "yes," identify by brand/trade name any and all
such products which contained vermiculite and for each:
. (a) State the date(s) during which said product contained vermiculite;
(b) State, in percentage terms, the amount ofvermiculite contained in the product;
(c) Identify the source of the vermiculite used in the product;
(d) Identify the specific company (Defendant, predecessor, related company) which designed, manufactured, processed, sold, distributed, applied, installed or patented such product;
(e) State the year in which Defendant, its related company or its predecessor first designed, manufactured, processed, sold, distributed, applied, installed or patented such product;
(f) State the year in which the Defendant, its related company or predecessor last designed, manufactured, processed, sold, distributed, applied, installed or patented such product;
(g) State whether any sample, part or piece of such product is still in existence; and
(h) Identify all documents relating to such product, including but not limited to any package, brochure, catalog, picture, photograph or like representation ofthe product or packaging.
ANSWER:
See Answer to Interrogatory 41, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 43:
With respect to the products listed in response to Interrogatory Nos. 19 and 42, did
Defendant, any predecessor or related company or the manufacturer of the products ever conduct
tests of any kind on any or all of said products concerning possible or potential health hazards
involved in its use or in the use ofmaterials contained therein?
65
11572-1000 MXY/dal
ANSWER:
Objection: this interrogatory wrongly assumes that there was a health hazard associated with
the end use of the products. Subject to and without waiving objections, Warner Electric Brake &
Clutch Company was aware that (1) SAE testing in the early 1970's concluded that vehicular clutch
and brake products were not hazardous to end users in the use ofthose products (Asbestos Emissions
from Brake Dynamometer Tests. A. E. Anderson, R. L. Gealer, R. C. McCune, and J. W. Sprys) and
(2) that EPA test results showed total asbestos airborne emissions for vehicle brakes in use were
considerably lower than earlier estimates (Brake & Clutch Emission Generated During Vehicle
Operation. Michael G. Jacko, Robert T. DuCharme and Joseph H. Somers). Both studies were
published by SAE.
.
In 1973, a representative of Bell Haven Laboratory opined to R. Rule of Warner Electric
Brake & Clutch Company that the articles referred to above confirm his opinion that clutches and
brakes in use, in effect, do not create a health hazard to end users using the product.
In February of 1978, after inquiry from the ANPA Research Institute, Warner Electric Brake
& Clutch Company tested its electric tension brake to determine the airborne concentration of
asbestos fibers in use. The test results confirmed that the fiber release for Warner Electric Brake &
Clutch Company's electric brake and clutch products in use was significantlybelow the government
and hygiene air standards. The air samples were taken by the Environmental Services Laboratory
for the National Loss Control Service Corporation located in Illinois. All samples were taken over
an eight-hour period with the brake operating at its maximum allowable torque level for the specific
test speed as determined by brake temperature. The filter element was mounted parallel to the top of
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the brake, IS inches from the edge of the brake in the same place as the magnet face. Brake
operating speeds and temperatures were noted with samples taken at different RPMs and
temperatures. The results in all cases were from 0.01 to 0.02 fibers/cc.
INTERROGATORY NO. 44:
.
If your Answer to Interrogatory No. 43 is "yes," with respect to each product test:
(a) State the location where the test was performed;
(b) Identify each and every individual who conducted or participated in said test;
(c) Describe the results of said test;
(d) State the date or dates upon which said test was conducted;
(e) Identify any and all documents referring to, relating to or reflecting said test or the results thereof; and
(f) Identify each and every individual who received a copy ofany document referring to, relating to or reflecting the results ofsaid test.
ANSWER:
See Answer to Interrogatory No. 43, which is incorporated herein as if fully rewritten.
Documents relating to the Answer to Interrogatory No. 43 will be provided.
INTERROGATORY NO. 45:
Did any person, including but not limited to, an officer, agent or employee ofDefendant, any
predecessor or related company recommend any design changes as a result ofany test referenced in
your response to the preceding interrogatory?
ANSWER:
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See Answer to Interrogatory No. 43, which is incorporated herein as iffully rewritten. Test results were very good and no design changes were recommended as a result ofthe tests.
INTERROGATORY NO. 46: If your Answer to Interrogatory No. 45 is "yes," with respect to each such recommended
design change: (a) State the product or products involved; (b) State the test or tests involved; (c) State the nature of the change recommended;
. (d) Identify the person(s) making the recommendation; (e) State the nature and effective date of any change made; and (f) Identify each and every person who participated in the decision to make or not make the recommended design change.
ANSWER: See Answers to Interrogatory Nos. 43,44 and 45, which are incorporated herein as if fully
rewritten. INTERROGATORY NO. 47:
Identify any and all persons employed by Defendant, its predecessor or related company at any time from 1940 to date as an industrial hygienist or in a similar position. ANSWER:
Warner Electric Brake & Clutch Company did not "employ" physicians, medical directors or industrial hygienists. Rather, Warner Electric Brake & Clutch Company used a private physician
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for plant physicals, injuries and other medical issues not handled by the nurse who was employedby Warner Electric Brake & Clutch Company. Industrial hygienists from NATLSCO and from Continental Insurance were used. Certain Warner Electric Brake & Clutch Company employees were responsible for knowing and implementing current government regulations relating to employee safety and industrial hygiene.
Over time, people supervised and/Or administered: air sampling, ventilation, vacuum and bagging programs, x-ray programs, safety programs and physical examination programs. The United Steel Workers worked with the Company on health and safety issues. The Union and Company together established a Joint Safety Committee to work on health and safety. INTERROGATORY NO. 48:
Identify any and all persons or entities, other than the employees listed above, which provided industrial hygienic or similar services or information to, or for the benefit of, this Defendant, at any time from 1940 to date, including, but not limited to, employees o or anyone retained by, any predecessor or related company. ANSWER:
See Answer to Interrogatory No. 47, which is incorporated herein as if fully rewritten. Further responding, Warner Electric Brake & Clutch Company had employees whose direct responsibility it was to promote employee safety and industrial hygiene. Employees involved in plant safety included plant managers (see Answer to Interrogatory No. 38), union representatives, human resource people, an environmental person (last known person during time period that
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asbestos-containing friction products were used- Bob July) and a plant nurse (Mae Martin, 1968 to
2003).
.
INTERROGATORY NO. 49:
Does Defendant have, or has Defendant, any predecessor or any related company ever had, a
Research Department? If so:
(a) State when such department was established, and whether or not such department has operated continuously since being established;
(b) State how much Defendant, its predecessor and/or related company expended each year on research; and .
(c) State the percentage of said expenditure which was for research concerning the health affects of asbestos;
. (d) Identify the person(s) in charge of such department throughout its existence; and
(e) Identify the person(s) in charge of any asbestos-related research conducted by such
department throughout the years.
.
ANSWER:
Warner Electric Brake & Clutch Company did perform research and testing for new product
development, to verify performance characteristics of its products and components, and to assure
compliance with customer specifications. For a period of time, this was done by a designated
Research and Development Department headed by John Schipinski and perhaps others. At other
times, research and development was handled by engineers by assignment
INTERROGATORY NO. 50:
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Did Defendant, any predecessor ot any related company, or any medical department or
industrial hygiene division thereof, maintain a medical and/or scientific library at any time from
1940 to the present? If so:
(a) State the dates such library existed;
. ..
(b) State the number of volumes maintained therein;
(c) State the number ofemployees, part-time or full-time, assigned to the maintenance of said library; and
(d) Identify the person(s) within the corporate structure to whom said library employees reported throughout the existence of the library.
ANSWER:
Warner Electric Brake & Clutch Company did not have a "medical department." Warner
Electric Brake & Clutch Company did not have a medical "library." See Answer to Interrogatory
No. 47, which is incorporated herein as if fully rewritten. The nurse at the Roscoe facility kept
several medical books relating to a broad range ofpotential workplace injuries. She was employed
at the Roscoe facility from approximately 1968 until 2003. Warner Electric Brake & Clutch
Company did not have a "scientific library." Warner Electric Brake & Clutch Company engineers
kept, for a time, journals, papers and other information regarding a variety ofengineering topics at
the S. Beloit facility.
INTERROGATORY NO. 51:
Identify any and all scientific or medical periodicals to which Defendant, any predecessor or
any related company, or any medical department or industrial hygiene division thereof, subscribed
from 1940 to the present, and for each periodical state the dates of such subscriptions.
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ANSWER: Objection: it is not relevant to this Defendant to inquire about periodicals to which Warner
Electric subscribes today. Subject to and without waiving objections, see Answers to Interrogatory Nos. 47-50. Defendant does not believe that Warner Electric Brake & Clutch Companysubscribed to medical periodicals except perhaps those used by the nurse. Defendant currently is unaware of scientific periodicals, ifany, that Warner Electric Brake & Clutch Companysubscribed to years ago. INTERROGATORY NO. 52:
Has Defendant, any predecessor or any related company, at any time since 1940: (a) been a member of a medical and/or scientific library or library association? (b) been a member ofany organization or association which maintained a medical and/or
scientific library? (c) been a member ofany organization or association through which members obtained
die use of, or access to, a medical and/or scientific library? ANSWER:
Further objecting, it is not relevant to inquire about periodicals to which Warner Electric subscribes today. Subject to and without waiving objections, see Answers to Interrogatory Nos. 47 51, which are incorporated herein as iffully rewritten. Defendant currently is unaware ofthe answer to the questions asked in this interrogatory. INTERROGATORY NO. 53:
If your Answer to any subpart of Interrogatory No. 52 is "yes": (a) Identify the library(ies) involved and state the years during which Defendant, its
predecessor or related company was a member of or otherwise had use ofor access to said library; and
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(b)
If applicable, identify the organization or association through which Defendant, its predecessor or related company, obtained the use of or access to, such library(ies).
ANSWER:
See Answer to Interrogatory No. 52, which is incorporated herein as if folly rewritten.
INTERROGATORY NO. 54: Has Defendant, any predecessor or any related company, or any person or entity acting on
behalf thereof, including but not limited to, any insurance company, at any time, conducted any industrial hygiene surveys concerning any product identified in response to Interrogatory No. 19, including, but not limited to, surveys concerning the manufacture, processing, application, installation, use and/or removal of said products? ANSWER:
See Answers to Interrogatory Nos. 43 and 56, which are incorporated herein as if folly rewritten. INTERROGATORY NO. 55:
Ifyour Answer to Interrogatory No. 54 is "yes," with respect to each such survey: (a) Identify the produces) which was used in the survey; (b) Identify any and all person(s), firm(s) or entity(ies) conducting or participating in the
conducting of said survey; (c) State the date(s) of said survey; (d) Describe the methodology, results and conclusions of said survey; (e) Identify any and all documents referring to, relating to, or reflecting said survey or
the results and conclusions thereof; and,
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(f) Identify any and all persons to whom such document may have been sent. ANSWER:
See Answers to Interrogatory Nos. 43,54 and 56, which are incorporated herein as if fully rewritten. Documents currently available and reviewed are being provided. INTERROGATORY NO. 56:
Has Defendant, any predecessor or any related company, or any person or entity acting on behalfthereof, including but not limited to any insurance company, at any time, gone into any area where any product identified in response to Interrogatory Nos. 19 and 42 was being manufactured, used, applied or installed to perform a dust level count or similar test?
ANSWER: Yes. Air monitoring was done. Over time, samples were taken by the Company, National
Loss Control Service Corporation, Continental Insurance, TEM Incorporated and Curry Environmental Services. The purposes of the monitoring was to protect worker health and assure OSHA compliance. With few exceptions, air monitoring revealed levels ofairborne asbestos within government standards. In addition, regarding use of the product, Warner Electric Brake & Clutch Company was aware of(1) an auto industry study, (2) an EPA study, (3) the opinions ofothers in the industry, and (4) its own test results. See Answer to Interrogatory No. 43, which is incorporated herein as if fully rewritten. The results of these tests and studies suggested that the products were
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safe. As a result, Warner Electric Brake & Clutch Company had and has no reason to believe that use of its products could cause disease. INTERROGATORY NO. 57:
Ifyour Answer to Interrogatory No. 56 is "yes," identify each such count or test performed, by stating when and where it was conducted, and with respect to each count or test so identified:
(a) Identify the product being manufactured, used, applied or installed; (b) Identify each and every person who conducted, participated in conducting, or
analyzed the results o said count or test;
0
(c) State the purpose of said count or test; (d) State what, if any, actions were taken in response to the results ofsaid count or test;
and (e) Identify any and all documents referring to, relating to or reflecting said count or test, . including, but not limited to, any actions taken in response to the results of such
count or test.
ANSWER: See Answer to Interrogatory No. 56, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 58: Has Defendant, any predecessor or any related company, or any person or entity acting on
behalf thereof, at any time, conducted any study(ies), of any kind, concerning the effects of the inhalation of asbestos dust or asbestos fibers on one using or being exposed to asbestos or any asbestos-containing product, including, but not limited to, those identified in response to Interrogatory Nos. 19 and 42?
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ANSWER:
See Answers to Interrogatory Nos. 43 and 56, which are incorporated herein as if fully
rewritten. Dana currently is not aware of any such studies. Dana understands that as early as the
1930's, it was known or knowable that exposures to high doses ofasbestos fibers were hazardous to
workers' health. The cases reported at that time usually involved persons employed in the
manufacture of products where exposures were largely uncontrolled and could have exceeded
hundreds offibers per cc. The disease associated withthese intenselyhigh exposures was asbestosis.
Dana is not aware that Warner Electric made, manufactured or sold end products that could cause
such intensely high exposures nor does Dana believe that such exposures occurred at any
manufacturing facilities owned by Warner Electric. Air samples taken confirm this belief.
INTERROGATORY NO. 59:
If your Answer to Interrogatory No. 58 is "yes," with respect to each such study:
(a) Describe the nature of said study, including, but not limited to, the purpose and objectives of the study, the produces) involved, the date(s) conducted, the methodology employed and the results reached, both raw data and conclusions;
(b) Identify any and all entities and/or persons conducting said study or participating in the conducting ofsaid study;
(c) Identify any and all documents referring to, relating to or reflecting said study, including but not limited to reports (both interim and final), notes, memoranda, work papers, data compilations and surveys;
(d) Identify any and all directors, officers, agents or employees of Defendant who participated in the decision to have the study conducted; and,
(e) Identify any and all entities and/or persons who received a copy of any document referring to, relating to or reflecting the results or conclusions reached.
ANSWER:
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See Answer to Interrogatory No. 58, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 60:
Did Defendant, its predecessor or related company, take any action as a result ofany study or studies set forth in response to Interrogatory Nos. 56 and 58? Ifso, identify each and every study which resulted in some action being taken, and:
(a) Describe the actions taken, including the effective date of said actions; (b) Identify any and all persons, including, but not limited to, directors, officers, agents
and employees of Defendant who participated in the decision to undertake said actions; and (c) Identify any and all documents referring to, relating to or reflecting said actions, or any subsequent modification or discussion of the same. ANSWER: See Answers to Interrogatory Nos. 56 and 58, which are incorporated herein as if fully rewritten.
INTERROGATORY NO. 61: Has Defendant, any predecessor, or any related company, or any person or entity acting on
behalf thereof, at any time, conducted any study(ies) designed to minimize or eliminate the inhalation of asbestos dust and fibers by those using, handling or exposed to any product listed in response to Interrogatory Nos. 19 and 42? ANSWER:
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Yes. See Answer to Interrogatory Nos. 43, 56 and 58, which are incorporated herein as if
fully rewritten. INTERROGATORY NO. 62:
Ifyour Answer to Interrogatory No. 61 is "yes," with respect to each such study:
(a) Identify the product involved; (b) Identify the person(s) and/or entity(ies).conducting said study; (c) State the date said study began and the date on which it was completed;
(d) Identify any and all persons, including, but not limited to, directors, officers, agents or employees of Defendant, who participated in the decision to have said study conducted;
(e) Describe the nature of said study;
(f) Describe the nature ofany action to eliminate or minimize inhalation ofasbestos dust or asbestos fibers undertaken as a result of said study;
(g) Identify any and all documents referring to, relating to or reflecting said study or the results thereof; and,
(h) Identify any and all persons receiving a copy of any document referring to, relating to or reflecting the results or conclusions of said study.
ANSWER:
See Answer to Interrogatory No. 61, which is incorporated herein as if fully rewritten..
INTERROGATORY NO. 63:
Did Defendant, any related company, or any predecessor at any time, give to persons, who
would be applying and/or removing any ofthe products listed in response to Interrogatory Nos. 19
and 42, any instructions or guidelines concerning precautions, warnings, procedures, and/or methods
to use, in order to safely apply or remove such products? Ifso, describe such instructions, state to
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whom they were given, state the dates they were given, and describe the manner inwhichtheywere
given.
ANSWER:
Yes. Instruction manuals and other information was available for each product that may have
contained the following:
IMPORTANT NOTICE TO PURCHASER: Since neither the manufacturer nor the seller of this product can control the manner in which it is installed or used, or the suitability ofcomponents used in conjunction with it, the installer and ultimate user assume all risks and liabilities appurtenant to installation and conjunctive use. ' Therefore, appropriate steps should be taken in advance by every purchaser and user to insure that the product is assembled properly with suitable component elements, and is used in compliance with generally accepted industry practice, in accordance with the instruction manual and as supplemented by other information contained herein.
Further, instruction manuals and/or other information instructed regarding installationand handling
ofthe product. Regarding asbestos specifically, the United States government warning regulations
did not apply to asbestos-containing electric clutches and brakes. Historical medical and scientific
evidence did not support a risk of harm from electric clutches and brakes. See also Answer to
Interrogatory No. 43, which is incorporated herein as if fully rewritten. Warner Electric Brake &
Clutch Company did not accompany its finished product with package labels warning ofthe health
hazards ofasbestos because it did not believe that its asbestos-containing clutches and brakes posed
hazards toward users. MSDS's and other information were available from Warner Electric Brake &
Clutch Company upon request See Answer to Interrogatory No. 93, which is incorporated herein as
if fully rewritten.
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Beginning in the early 1970's, OSHA regulations required workplace precautions regarding excessive exposure to asbestos. Warner Electric Brake & Clutch Company made a concerted effort to folly comply with the regulations and reasonably expected its industrial customers to comply as well. See also Answer to Interrogatory Nos. 56 and 78, which are incorporated herein as if folly rewritten. INTERROGATORY NO. 64:
Did Defendant, any predecessor or any related company, at any time, place any warning signs or labels on the containers in which any ofthe products listed in response to Interrogatory Nos. 19 and 42 were packaged? ANSWER:
See Answer to Interrogatory No. 63, which is incorporated herein as if folly rewritten. INTERROGATORY NO. 65:
Ifyour Answer to Interrogatory No. 64 is "yes," identify each and every product upon which such a warning was placed, and with respect to each such product identified:
(a) State the date on which any order directing that a warning be placed on said product first issued;
(b) Identify any and all persons participating in the decision to issue that order; (c) State the first date on which such warning was actually placed on said product; (d) State the first date on which such product accompanied by such warning was first
sold, distributed or installed; (e) State the exact wording of this first warning; (f) State the exact location and size of this first warning as it appeared on said product;
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(g)
Identify any and all persons who participated in any phase of the drafting or design of said first warning, including, but not limited to, those who performed the actual drafting and design work, those who reviewed die work, those who edited the work and those who approved the warning;
(h) State why you placed such warning on said product, including, but not limited to, whether you placed such warning on said product because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute; and
(i) Identify any and all documents referring to, relating to or reflecting, said warning, its drafting, and/or the decision to place the warning on said product, including, but not limited to, any communication as described in subpart (h) of this Interrogatory.
ANSWER:
See Answers to Interrogatory Nos. 63 and 64, which are incorporated herein as if fully
rewritten.
INTERROGATORY NO. 66:
With respect to each product identified in response to Interrogatory No. 65 as having been
accompanied by a warning, state whether, subsequent to the first warning described above, any
different warning was ever placed upon said product. Any alteration, change or modification in the
language, wording, capitalization, punctuation, style of type or printing, size, color, or location on
the package or container, of the warning constitutes a different warning.
ANSWER:
See Answer to Interrogatory No. 65, which is incorporated herein as if fully rewritten.
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INTERROGATORY NO. 67:
With respect to each different warning which accompanied each product listed in response to
Interrogatoiy No. 65:
(a) State the date on which any order directing that such different warning be placed on said product first issued;
(b) Identify any and all persons participating in the decision to issue that order,
(c) State the first date on which such different warning was actually placed on said product;
(d) State the first date on which such product accompanied by such different warning
was sold, distributed or installed;
,
(e) Describe, with specificity, any and all changes, modifications or differences between the different warning and the prior wamings(s);
(f) Identify any and all persons who participated in any phase of the drafting or design of such different warning, including, but not limited to, those who performed the actual drafting and design work, those who reviewed the work, those who edited the work and those who approved the different warning;
(g) State why you placed such different warning on said product, including, but not limited to, whether you placed such different warning on said product because you received a directive, command, suggestion, legal opinion, or any type of communication (written or otherwise) from any person, firm, corporation, governmental agency, committee, association, attorney or institute; and
(h) Identify any and all documents referring to, relating to or reflecting, said different warning, its drafting, and/or the decision to place the different warning on said product.
ANSWER:
See Answers to Interrogatory Nos. 63 and 65, which are incorporated herein as if fully
rewritten.
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INTERROGATORY NO. 68: Prior to the date on which Defendant first directed that a warning accompany any product
identified in response to Interrogatory Nos. 19 and 42, did any person, firm, organization or other entity, within or without your employ, suggest, recommend, counsel, advise, or otherwise indicate in any manner, that a warning should accompany any or all such products or asbestos-containing products generally? ANSWER:
See Answers to Interrogatory Nos. 56 and 63, which are incorporated herein as if fully rewrittea INTERROGATORY NO. 69:
If your Answer to Interrogatory No. 68 is "yes," with respect to each such suggestion, recommendation, counseling, advice or other indication:
(a) Identify the person(s) and/or entity(ies) giving the same; (b) State the date(s) on which the same was given; (c) Identify any and all persons receiving notice of the same; (d) Describe what, if any, action Defendant took in response to or upon the same; and, (e) Identify any and all documents referring to, relating to or reflecting the same, or any
action taken thereon or in response thereto. ANSWER:
See Answer to Interrogatory No. 68, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 70:
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Did Defendant, any predecessor, or any related company ever place any warning directly
upon any ofthe products listed in response to Interrogatory Nos. 19 and 42?
ANSWER:
See Answers to Interrogatory Nos. 56 and 63, which are incorporated herein as if fully
rewritten.
INTERROGATORY NO. 71:
Ifyour Answer to Interrogatory No. 70 is "yes," identify each and every product upon which
such a warning was placed and for each such product identified:
(a) State, verbatim, each and every warning which ever appeared on said product;
(b) State the size, color and location of each such warning and describe the manner in which it was placed upon the product;
(c) State the dates on which each such warning first and last appeared in said product; and,
(d) Identify any and all documents referring to, relating to or reflecting the placing of any warning directly upon said products, including, but not limited to, decisions not to place such a warning.
ANSWER:
See Answer to Interrogatory No. 70, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 72:
Did any warning ofany type concerning the products listed in response to Interrogatory Nos.
19 and 42 ever appear in any sales literature or other materials distributed or provided by Defendant,
any predecessor or any related company, to the purchasers, consumers and/or users of such
products?
.
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ANSWER:
See Answers to Interrogatory Nos. 56 and 63, which are incorporated herein as if fully
rewritten.
INTERROGATORY NO. 73:
If your Answer to Interrogatory No. 72 is "yes," identify each and every item of sales
literature or other materials in which such a warning appeared, and for each item so identified:
(a) State the date on which said item was first provided to distributors, sellers, purchasers, consumers or users;
(b) List the products discussed in the literature;
'
(c) Identify any and all other sales literature concerning the products listed in response to Interrogatory Nos. 19 and 42 which was provided to distributors, sellers, purchasers, consumers or users after the above date and which contained no warning.
ANSWER:
See Answer to Interrogatory No. 72, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 74:
Does Defendant or any related company have any ofthe following in its possession, custody
or control:
(a) any package, container, label or item of sales literature which Defendant claims constitutes or contains any warning which ever accompanies any product listed in response to Interrogatory Nos. 19 and 42?
(b) any picture, photograph or like reproductive representation ofany item described in subpart (a)?
ANSWER:
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See Answer to Interrogatory No. 63, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 75:
State the year that Defendant or any predecessors) was first advised ofeither threshold limit values or maximum allowable concentrations ofboth asbestos dust and total dust, promulgated by the American Conference ofGovernmental Industrial Hygienists, and identify the specific person(s) receiving such advise, arid any and all documents communicating such advise. ANSWER:
Warner Electric Brake & Clutch Company was aware ofthe ACGIH threshold limit values for asbestos dust and total dust when Defendant acquired Warner Electric Brake & Clutch Company. Defendant is aware that Warner Electric Brake & Clutch Company implemented dust control safety measures many years ago to keep dust levels below prevailing TLVs.
INTERROGATORY NO. 76: State whether such threshold limit values or maximum allowable concentrations referred to
in Interrogatory No. 75 involved TOTAL dust or just asbestos dust? ANSWER:
Defendant believes the answer as to Warner Electric is both. See also Answer to Interrogatory No. 75, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 77:
Describe, in detail, any arid all tests, ifany, conducted by Defendant, any predecessor or any related company, or anyone acting on behalf thereof, concerning the quantity, quality or threshold
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limit values ofasbestos dust or particles to which applicators or consumers of asbestos-containing products were exposed while using any product identified in response to Interrogatory Nos. 19 and 42, including:
(a) The product being used; (b) Identify any and all person(s), firm(s) or entity(ies) conducting or participating in the
conducting of said test; (c) State the date(s) of said test; (d) Describe the methodology, results and conclusions of said test; (e) Identify any and all documents referring to, relating or reflecting said test or the
results and conclusions thereof; and, (f) Identify any and all persons to whom any document referring to, relating to or
reflecting the results or conclusions of said test was sent. ANSWER:
It was known or knowable from generally available medical, scientific, and industrial hygiene literature that threshold limit values applied to asbestos-containing products. Industrial hygiene studies conducted in Warner Electric Brake & Clutch Company manufacturing facilities showed the products would be manufactured safely. Other studies and testing by Warner Electric Brake & Clutch Company of its own products showed the products could be used safely. See also Answers to Interrogatory Nos. 43 and 56, which are incorporated herein as if frilly rewritten. INTERROGATORY NO. 78:
Did Defendant, any predecessor or any related company, at any time, directly advise the owners or management employees ofany worksite in which it sold Or applied any product listed in response to Interrogatory Nos. 19 and 42, of threshold limit values for exposure to asbestos dust
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recommended by the American Conference of Governmental Industrial Hygienist? If so, state the date or dates that you so advised each such owner or employees, the manner in which you advised such owner or employee and the name of each such owner or employee. ANSWER:
Defendant currently is unaware ofany such direct communications. As ofthe adoption and promulgation ofOSHA regulations in 1971, however, all employers were required to identify areas where asbestos was used to take appropriate measures to control exposure above the PEL. OSHArequired warnings in 1972 included the following language: "CAUTION Contains Asbestos Fibers Avoid Creating Dust Breathing Asbestos May Cause Serious Bodily Harm." Such warnings were NOT required for electric clutches and brakes. In the Federal Register, Standard for Exposure to Asbestos Dust (Federal Register, June 7, 1972), the U.S. Government stated that: "No one has disputed that exposure to asbestos of high enough intensity and long enough duration is causally related to asbestosis and cancers. The dispute is as to the determination of a specific level below which exposure is safe ... It is fair to say that the controversy has centered in the area between a two-fiber TWA concentration and five-fiber TWA concentration ... it appears that levels of exposure which may be safe with regard to asbestosis are not safe with regard to mesothelioma; because the statute requires the protection ofevery employee, even the ones who may have regular exposure to asbestos during a working life which may reach, or even exceed, 40 years ... the conflict in the medical evidence is resolved in favor ofthe health ofemployees. As ofJuly 1,1976, TWA concentrations of asbestos fibers longer than five micrometers will not be allowed to exceed two fibers/cc, with a ceiling value of ten fibers/cc."
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Given the infonnation published by the government and other sources, all companies that purchased products that contained asbestos were aware of the risks associated with high levels of exposure (then thought to be in the range of two to five fibers per cc). Although Warner Electric Brake & Clutch Company products did not require warnings because their use did not exceed the TLV or PEL, the information provided by the government was the best available as to the potential hazards ofexposure to asbestos and was, by law, required to be provided to all persons who might be exposed. See also Answer to Interrogatory No. 84, which is incorporated herein as iffully rewritten.
INTERROGATORY NO. 79: State the date on which any official ofDefendant or its predecessors) first had knowledge,
notice, infonnation or understanding that exposure to asbestos would, could or might cause each of i the following diseases:
(a) Pleural disease; (b) Asbestosis; (c) Mesothelioma; (d) Lung cancer; (e) Any other forms of cancer. ANSWER: Defendant is not aware of the answer to this interrogatory as it relates to Warner Electric Brake & Clutch Company. Although it is not possible to answer this interrogatory with any degree of certainty. Defendant understands that as early as the 1930's, it was known or knowable that
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exposures to high doses ofasbestos fibers were hazardous to workers' health. The cases reported at that time usually involved persons employed in the manufacture ofproducts where exposures were largely uncontrolled and could have exceeded hundreds offibers per cc. The disease associated with these intensely high exposures was asbestosis. Warner Electric Brake & Clutch Company did not manufacture or sell end products that could cause such intensely high exposures nor does Defendant believe that such exposures occurred at any manufacturing facilities owned by Warner Electric. Air samples taken confirm this belief. Nor has Warner Electric Brake & Clutch Company ever made or sold products that contained asbestos intended for use by any trades other than those utilizing electric clutch and electric brake products. The available data has shown that electric clutches and brakes that contained asbestos are not hazardous to workers' health.
It is not possible to pick a specific time or date when it was known or knowable that certain distinct diseases were causally related to exposure to certain types and/or levels of exposure. Defendant understands that pleural plaques and thickening, asbestosis, lung cancer and mesothelioma were all causally associated with exposure to asbestos for certain types and levels before Defendant acquired Warner Electric Brake & Clutch Company in 1985. Defendant does deny that all fiber types cause mesothelioma and that asbestos exposure causes cancer other than as listed above. Defendant also denies that any asbestos-related disease occurs as a result of exposure to electric clutches and brakes ofthe type manufactured and/or sold by Warner Electric Brake & Clutch Company. INTERROGATORY NO. 80:
With respect to each disease set forth in Interrogatory No. 79:
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(a)
Identify the official who first obtained the knowledge, notice, information or understanding to which the interrogatory refers;
(b) Identify any and all documents referring to, relating to or reflecting such knowledge, notice, information or understanding; and.
(c) Describe what, ifany, action said official. Defendant, any predecessor or any related company took in response to such knowledge, notice, information or understanding.
ANSWER:
See Answer to Interrogatory No. 79, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 81:
[D]oes Defendant possess knowledge or information concerning, a causal connection
between exposure to asbestos or asbestos-containing products and:
(a) pleural disease? (b) asbestosis? (c) lung cancer? (d) mesothelioma? (e) other cancer? ANSWER:
See Answer to Interrogatory No. 79, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 82:
For each subpart of Interrogatory No. 81 to which you answered "yes":
(a) Describe when and how Defendant first obtained knowledge, or information concerning such connection;
(b) If such knowledge or information was obtained by attendance at any conference, lecture, convention, symposium or meeting, identify such meeting, any and all
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persons attending, and any and all documents referring to, relating to or reflecting the meeting;
(c) Ifknowledge was obtained from medical or scientific studies, or work, published or unpublished, identify the same.
. ANSWER:
See Answer to Interrogatory No. 81, which is incorporated herein as if fully rewritten. .
INTERROGATORY NO. 83:
With regard to any knowledge or information obtained subsequent to that identified in your
Answer to Interrogatory No. 82 (a), identify any and all documents or communications (oral and/or
written) concerning the causal connection between exposure to asbestos-containing or asbestos
products and any disease, which were sent to, or received by, Defendant, and identify any and all
persons conveying and/or receiving such communications.
ANSWER:
See Answer to Interrogatory No. 79, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 84:
As to any knowledge or information referred to in Interrogatories 79-83, did Defendant, at
any time, educate or inform its employees, distributors, purchasers or any persons working in the
vicinity where any asbestos-containing product was being applied or installed as to the hazards
known to Defendant or about which Defendant had information, and as to the safety precautions
necessary to guard against cancer and other diseases arising from the use and handling of the
products identified in response to Interrogatory No. 19?
ANSWER:
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See Answers to Interrogatory Nos. 63 and 79, which are incorporated herein as if fully
rewritten. Warner Electric Brake & Clutch Company was a union company. The Company and
Union jointly participated in efforts to insure a safe, clean work environment. There was a joint
Union/Company committee to deal with worker health and safety issues. Employees were advised
by the Company and employees knew that friction materials contained or could contain asbestos. In
fact, employees participated in OSHA compliance procedures, testing and monitoring established by
Warner Electric Brake & Clutch Company. Customers had access upon request to MSDS's and
other information provided by Warner Electric Brake & Clutch Company.
INTERROGATORY NO. 85:
If your Answer to Interrogatory No. 84 is "yes," identify each such occasion on which
Defendant so educated or informed its employees, distributors or purchasers, as follows:
(a) Identify the persons or parties which you educated or informed;
(b) State when, where and in what manner they were educated or informed;
(c) Identify any and all documents referring to, relating to or reflecting the
communication or other dissemination ofsuch information; and
.
(d) Identify any and all persons who so educated or informed said employees, distributors, purchasers or persons working in the vicinity of application or who participated in the same in any way, including, but not limited to, assembling, drafting, writing, rewriting, preparing or conveying such information in any format.
ANSWER:
See Answer to Interrogatory No. 84, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 86:
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Did Defendant or any predecessor entity perform, direct to be performed, finance in whole or in part, sponsor in whole or in part or receive the results of any studies or tests concerning the relationship between asbestos exposure and asbestosis, cancer and/or mesothelioma? ANSWER:
See Answer to Interrogatory No. 79, which is incorporated herein as if fully rewritten. Defendant currently does not now know whether Warner Electric was a sponsor ofany such studies nor is Defendant currently aware ofwhether Warner Electric participated in the review or editing of any such studies. INTERROGATORY NO. 87:
If your Answer to Interrogatory No. 86 is "yes." with respect to each such study or test: (a) State the nature ofthe involvement (performed, directed it to be performed, financed,
sponsored, received results, etc.); (b) State when, where and at what intervals said study was performed; (c) Identify any and all persons, firms or entities which performed said study; (d) Identify any and all documents referring to, relating or reflecting said study or the
results thereof; and (e) State all means by which the results of said study were disseminated including, if
applicable, publication; and identify any and all persons who received said results and any and all publications in which said results appeared. ANSWER: See Answer to Interrogatory No. 86, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 88:
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Did Defendant at any time during the period that the products listed in response to Interrogatory Nos. 19 and 42 were manufactured, sold, applied or installed, inform any purchaser or user of said products that such products could cause cancer, asbestosis, and/or other serious diseases? ANSWER:
See Answers to Interrogatory Nos. 43,56, 63 and 79, which are incorporated herein as if fully rewritten. Defendant currently is not aware of any credible, scientific or medical data that supports the conclusion that the ordinary and foreseeable use of the products manufactured by Warner Electric Brake & Clutch Company could cause an asbestos-related disease. INTERROGATORY NO. 89:
Did Defendant, any predecessor or any related company, or any workers' compensation insurance carrier thereof, ever have any claims for lung diseases or death from lung disease, whether directly or indirectly attributed to asbestosis, mesothelioma, lung cancer, or exposure to asbestoscontaining products?
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ANSWER:
Defendant currently is not aware ofany such Workers' Compensation claims before Warner
Electric Brake & Clutch Companywas acquired by Defendant and Defendant understands there have
been none. Buyer considers employee and past employee medical records to be (or may be)
confidential under federal law. Since Defendant acquired Warner Electric Brake & Clutch
Company, there has been one such Workers' Compensation claim. The claim is asbestosis. The
claim is disputed. The claim was pending as of November 1,2003.
Defendant has been named in numerous lawsuits throughout the country involving claims of
an asbestos-related disease. Accordingly, when Defendant acquired Warner Electric Brake & Clutch
Company in 1985, Defendant had cases pending where similar claims were made. Defendant has
never had occasion to defend, at trial, a Warner Electric product claimed by a plaintiff to have
caused claimed asbestos-related disease. However, Defendant has had to defend at trial claims
involving other products it manufactured. In each of those cases to date, the jury has found that
Defendant's products are not defective and/or did not cause injury to plaintiffs and/or the plaintiffs
did not have an asbestos-related disease. Those cases are:
1. In Re Asbestos Plaintiffs, et al. v. Borden, Inc., et al., Civil District Court for the Parish ofOrleans, Louisiana; Eugene D. Coincon, C.A. No. 93-16630;
2. In Re Asbestos Plaintiffs, et al. v. Borden, Inc., et al.. Civil District Court for the Parish ofOrleans, Louisiana; Arthur Evans, C.A. No. 93-16958;
3. Michael Ricci v. Dana Corporation, John Crane, Inc., et al., Superior Court of California, San Francisco County, Case No. 310389;
4. Verda Sutton and P. D. Sutton v. Dana Corporation and Kelly-Moore Paint Company, Inc., Hardin County, Texas District Court, 356th Judicial District, Case
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5.
. 6.
7.
8.
`
No. 41,862 O'rny found no defect in marketing of Dana's product at the time it left Dana's possession that was a producing cause ofplaintiffs injury);
Zora Belle Cole; Karen Amdall as representative of the Estate ofJames Atkins, deceased; Kathy Harris as representative of the Estate of Ola Brown, deceased; Frances Henderson; James Henderson; Martha Porter; Nobia Turner; Ida Virgil; Walter Malone; Annie Malone; Roy Younger; and Betty Younger v. Dana Corporation, Jefferson County, Texas District Court, 60* Judicial District, Case No. B-l 50,374-AM (jury found no defect in marketing ofDana's product at time it left Dana's possession that was a producing cause of injury and that Dana did not proximately cause injury to plaintiffs);
Michael J Sparks, Gwendolyn Sparks, Grady Bradley, Adelma Bradley, Chester Chatelain, Donna Chatelain, William Gilliland, Dot Gilliland, Robert Hollyfield, and Joyce Hollyfield v. Dana Corporation, Jefferson County, Texas District Court, 60th Judicial District, Case No. B-150374AV (jury found Dana not liable for plaintiffs' claims that Dana's gaskets had caused alleged asbestosis);
Joseph Potter andMarily Potter v. Dana Corporation, Superior Court ofCalifornia, San Francisco County, Case No. 415030 (jury found that plaintiffdid not suffer from asbestos-related injury that was caused by exposure to asbestos-containing gasket); and,
Ronald Riccobene and Joanne Riccobene v. The Okonite Company, et al.. Court of Common Pleas, Philadelphia County, Pennsylvania, Case No. 3060.
INTERROGATORY NO. 90: If your Answer to original Interrogatory No. 89 was "yes", please provide the following
information for each and every employee of the defendant, predecessor or related company with such a claim. Ifthe claimant was a non-employee, please provide the information for the first 100 cases of which the defendant had notice.
(a) Identify the claimant; (b) Identify the entity against which the claim was filed; (c) State the date upon which the claim was filed;
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(d)
List the locations(s) at which claimant was exposed to asbestos;
(e) Identify each and every board, administrative body, commission or court which handled or reviewed said claim and state the state the style and cause number applicable to said claim before each such body;
(f) Identify the disease alleged by claimant;
(g) State the final disposition of the claim including any and all benefits paid, and the entity making such payments;
(h) If different from the date on which the claim was filed, state the date on which defendant first had notice of the claim; and
(i) Identify any and all documents referring to, relating to or reflecting said claim.
ANSWER:
Defendant objects to this interrogatory on the grounds that the Court directed that this
interrogatory be redrafted, and it understands that plaintiffs have failed to do so. April 14, 2000
Order, %1. See Answer to Interrogatory No. 89, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 91:
How many past or present employees ofDefendant, its predecessors or related companies are
known by you [who claim] to be suffering from, to have suffered from, or to have suffered deaths .
caused by:
(a) asbestosis?
(b) lung cancer?
(c) mesothelioma?
ANSWER:
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See Answer to InterrogatoryNo. 89, which is incorporated herein as iffullyrewritten. Buyer considers employee medical information to be (or may be) confidential under federal law. Defendant currently is aware ofone unconfirmed statement by a former employee, onNovember 15, 1989, that he thought he had asbestosis. INTERROGATORY NO. 92:
For each employee referenced in your Answer to Interrogatoiy No. 91, state the date that Defendant first knew, or had notice or information, that such past or present employee [who claims he/she] was suffering, or had suffered from:
(a) asbestosis; (b) lung cancer; (c) mesothelioma. ANSWER: See Answer to Interrogatory No. 91, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 93: Identify any and all material safety data sheets concerning the products listed in response to
Interrogatory Nos. 19 and 42 prepared, at any time, by, or on behalfof, Defendant, any predecessor or any related company. ANSWER:
See Answer to Interrogatory No. 63, which is incorporated herein as if fully rewritten. MSDS's were provided to customers upon request. One document suggests that, in the mid-1980's,
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customers may have been told by Warner Electric Brake & Clutch Company that asbestos was
encapsulated or bonded into the friction material and that although there might be milling or drilling
or similar functions performed in manufacturing the product, those functions are not part of the
normal operation ofclutch/brake products. Customers at that time were nonetheless advised to use
MSDS precautions. MSDS's provided by suppliers would list, at least in some cases, the percentage
of asbestos in the friction material.
INTERROGATORY NO. 94:
Identify any and all trade organizations, associations, or other entities, including but not
limited to American Textile Institute (ATT), Asbestos Information Association (AIA), Industrial
Health Foundation or Industrial Hygiene Foundation (1HF), National Insulation Manufacturers Assn.
(NIMA), National Insulation Contractors Assn. (NICA), National Safety Council (NSC), American
Ceramics Society (ACS), National Building Materials Distributors Assn. (NIA), Sprayed Mineral
Fiber Manufacturers Assn. (SMFMA), Thermal Insulation Manufacturers Assn. (TIMA), Quebec
Asbestos Mining Assn. (QAMA), to which Defendant, any predecessor or any related company has
belonged or in which any or all ofthe same have participated since 1925, and state the applicable
dates of such membership or participation.
ANSWER:
Defendant currently is aware ofone trade organization, association or other entity to which
Warner Electric Brake & Clutch Company may have belonged: Power Transmission Distributor
Association. Defendant is aware that certain employees of Warner Electric Brake & Clutch
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Company belonged to the Society of Automotive Engineers and the Outdoor Power Equipment
Institute.
INTERROGATORY NO. 95: Identify any and all persons attending [between 1930 and 1980], oh behalfofDefendant, any
predecessor or any related company, any meetings, seminars or symposiums held by the trade organizations, associations, or other entities identified in response to Interrogatory No. 94. ANSWER:
Defendant currently is not aware whether any persons attended on behalfofWarner Electric any meetings, seminars or symposiums held by the Power Transmission Distributor Association or Society of Automotive Engineers, or the Outdoor Power Equipment Institute other than attending scheduled meetings of a local chapter of the Society of Automotive Engineers, but the dates of attendance are not known and may not be in the time frame. Defendant believes, however, that it is likely that employees of Warner Electric Brake & Clutch Company attended meetings ofthe Power Transmission Distributor Association. See Answer to Interrogatory No. 96, which is incorporated herein as iffully rewritten. Further, an employee, in 1987 or 1988, may have attended a symposium on fibers in friction materials sponsored by The Asbestos Institute. INTERROGATORY NO 96:
Did any officer, employee, agent or representative of Defendant, of any predecessor, or of any related company, serve, at any time [between 1930 and 1980], as:
(a) an officer, director or official of any trade organization, association or entity identified in response to Interrogatory No. 94?
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(b) a member ofany committee or subcommittee ofany trade organization, association or entity identified in response to Interrogatory No. 94?
. (c) the chair ofany committee or subcommittee ofany trade organization, association or entity identified in response to Interrogatoty No. 94?
(d) the representative or liaison for any trade organization, association or entity identified in response to Interrogatory No. 94 to any other trade organization, association or entity, including, but not limited to. A.T.I., I.H.F., N.I.M.A., A.LA., N.I.C.A., T.I.M.A., Q.A.M.A., N.A.C., N.S.C., A.C.S., N.B.M.D.A., N.I.A., S.M.F.M.A.?
ANSWER:
Defendant does not currently know whether any officer, employee, agent or representative of
Warner Electric Brake & Clutch Company served in any such capacity for either the Society of
Automotive Engineers or the Power Transmission Distributor Association. Defendant believes that
employee Stan Owens may have been, for some period oftime, in the 1980's or 1990's, Chairman of
a committee or group within the Power Transmission Distributor Association.
INTERROGATORY NO. 97:
For each subpart of Interrogatory No. 96 to which your answer is "yes," identify each and
every person serving in such capacity and:
(a) state the trade organization, association or entity for which such service was rendered;
(b) specify the capacity of service, including identifying any specific committee, subcommittee or other trade organizations, associations or entities involved; and,
(c) state the applicable dates ofservice.
ANSWER:
See Answer to Interrogatory No. 96, which is incorporated herein as if fully rewritten.
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INTERROGATORY NO. 98:
Identify any and all documents which Defendant, its predecessors) or any related company
[between 1930 and 1980] submitted to, or received from, the organizations listed in response to
Interrogatory Nos. 94 and/or 97:
(a) which refer to, relate to or reflect the subject of asbestos;
(b) which refer to, relate to or reflect a relationship between asbestos exposure and any disease; and/or
(c) which refer to, relate to or reflect the placement or providing of warnings with respect to hazardous products.
ANSWER:
See Answers to Interrogatory Nos. 43,96 and 99, which are incorporated herein as if fully
rewritten.
INTERROGATORY NO. 99:
Identify any and all documents including, but not limited to, minutes, bulletins or reports,
[that were, between 1930 and 1980,] created by, or on behalfof, any trade organization, association
or entity listed in response to Interrogatory No. 94 and/or 97 or any committee, subcommittee or
subgroup thereof;
.
(a) which refer to, relate to or reflect the subject of asbestos;
(b) which refer to, relate to or reflect a relationship between asbestos exposure and any disease; or
(c) which refer to, relate to or reflect the placement or providing ofwarnings with respect to hazardous products.
ANSWER:
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See Answer to Interrogatory No. 98, which is incorporated herein as if fully rewritten.
Defendant is aware that one employee (currently a Buyer employee) or perhaps more than one
former Warner Electric employees were in possession of papers from the Society of Automotive
Engineers regarding a variety of topics, some of which related to asbestos.
INTERROGATORY NO. 100:
Identify any and all documents including, but not limited to, minutes, bulletins or reports,
[that were, between 1930 and 1930] received by, or on behalfof, any trade organization, association
. .
or entity listed in response to Interrogatory No. 94 and/or 97, or any committee, subcommittee or
subgroup thereof; (a) which refer to, relate to or reflect the subject of asbestos;
(b) which refer to, relate to or reflect a relationship between asbestos exposure and any disease; or
(c) which refer to, relate to or reflect the placement or providing of warnings with respect to hazardous products.
ANSWER:
See Answer to Interrogatory No. 99, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 101:
'
Identify any and all agreements [entered between 1930 and 1980], oral or written, between or
among Defendant, any ofthe other defendants in this lawsuit, any organization, association or other
entity including, but not limited to. those identified in your Answer to Interrogatory No. 94 and/or
any medical or scientific foundations, relating to the standardization of:
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(a)
Specifications for asbestos cloth products;
(b) Specifications for paper or burlap bags, or other packaging to be used for the transport and/or storage of asbestos cement;
(c) Warning or caution labels to be applied to asbestos products and/or their packaging, cartons, containers, or boxes;
(d) Methods ofdissemination ofpublic relations information to defendant's purchasers, advertisers, distributors, factory workers, contractors, insulators, users, consumers of asbestos products and/or the general public;
(e) Safety equipment and/or protective clothing to be utilized while handling defendant's asbestos products;
(e) Medical programs to be offered or sponsored by defendant.
ANSWER:
Defendant currently is not aware of any such agreements.
INTERROGATORY NO. 102:
Did Defendant, any predecessor or related company, direct to be performed, sponsor in
whole or in part, finance in whole or in part, receive the results of, or become aware of, any studies
or tests performed by the Saranac Lake Laboratory of the Trudeau Foundation relating to asbestos
exposure and its effects upon human health?
ANSWER:
Defendant currently believes that Warner Electric Brake & Clutch Company did not direct,
sponsor, or finance, and to the best ofits knowledge, never received the results ofany studies or tests
performed by the Saranac Lake Laboratory or the Trudeau Foundation.
INTERROGATORY NO. 103:
If your Answer to Interrogatory No. 102 is "yes":
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(a)
Identify any and all documents received by Defendant, its predecessors), or a related company referring to, relating to or reflecting any findings or results ofthose studies or tests, and state the date upon which each was first received;
(b) Identify any and all communications (oral or written), between Defendant, its
predecessors) or a related company and Saranac personnel, including but not limited
to Gerrit W.H. Schepers, M.D.;
.
(c) Identify any and all documents referring to, relating to or reflecting the Saranac studies received or submitted by Defendant, its predecessors) or a related company either directly, through related or predecessor companies, through other companies, or through any trade associations, organizations or other entities; and
(d) Identify any and all documents referring to, relating to or reflecting recommendations or findings of such studies relating to:
(1) Adequacy or inadequacy of threshold limit values;
(2) Substitution of materials other than asbestos to be used in the insulation process.
ANSWER: See Answer to Interrogatory No. 102, which is incoiporated herein as if fully rewritten.
INTERROGATORY NO. 104:
With respect to each subject listed below, state whether said subject was, at any time,
discussed at a meeting of the board of directors of Defendant, any predecessor or any related
company: (a)
The sale and/or marketing of any asbestos-containing product, including, but not limited to, the products listed in response to Interrogatory Nos. 19 and 42;
(b) The health hazards resulting from exposure to asbestos, including, but not limited to, exposure resulting from the use, application or removal of asbestos-containing products;
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(c)
The placement or possible placement of warning labels on asbestos-containing products or theirpackages, or in sales literature, therefore including, but not limited to, the products listed in response to Interrogatory Nos. 19 and 42; and
(d) Any test, survey, study or similar matter concerning asbestos or asbestos-containing products, including, but not limited to, the products listed in response to Interrogatory Nos. 19 and 42.
ANSWER:
Defendant currently is not aware that the subjects were discussed at a meeting of the Board
ofDirectors of Warner Electric Brake & Clutch Company.
INTERROGATORY NO. 105:
If your Answer to any one or more of the subparts of Interrogatory No . 104 is "yes," then
with respect to each subpart for which you answered "yes":
(a) Identify each and every board meeting at which said subject was discussed by stating the date(s) on which, and the locations) at which, each meeting was held;
(b) Identify any and all persons present at each such meeting; and,
(c) ANSWER:
Identify any and all documents, including, but not limited to, minutes, referring to, relating to, or reflecting each such meeting.
See Answer to Interrogatory No. 104, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 106:
'
. Identify any and all seminars, symposiums, conferences or like gatherings attended by any
officer, agent or representative ofDefendant, any predecessor or any related company, at which the
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subject of asbestos, the health hazards of asbestos exposure, or the placement or providing of warnings was discussed. ANSWER:
Defendant currently is not aware of any officer, agent or representative of Warner Electric Brake & Clutch Company that attended a seminar, symposium, conference, or like gathering at which the subject ofasbestos, the health hazards ofasbestos exposure, or placement or providing of warnings was discussed. See also Answers to Interrogatory Nos. 56,63,77,79 and 95, which are incorporated herein as if fully rewritten.
INTERROGATORY NO. 107: Identify any and all documents, including, but not limited to, notes, reports, minutes or
bulletins, which refer to, relate to or reflect any meeting identified in response to Interrogatory No. 106. ANSWER:
See Answer to Interrogatory No. 106, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 108:
With respect to eachjob site within 200 miles ofMadison County and/or identified by any plaintiff(who has asserted claims against this defendant) (i) identify any and all documents referring to, relating to or reflecting the purchase, sale, delivery, use, application or ordering, of any of the
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..
products listed in response to Interrogatory Nos. 19 and 42 by, for, to or at said site; and, (ii)
identify any and all persons known by Defendant to have knowledge concerning the same.
.
/.
ANSWER:
Defendant objects to providing job site information identified by any Plaintiff because
Defendant does not know the identity of future Plaintiffs' claimed work history. Buyer maintains
computerized sales records. Those records are retrievable back to the 1990's and are retained by
Buyer, not Defendant. Before that time, records may not be available on computer. Before use of
computers, paper sales-related documents were kept and such records, in whole or in part, are
available back to 1988 and are retained in boxes at Buyer's S. Beloit facility.
Two people employed by Buyer with information about sales are Mary Lawrer and Gloria
Ward.
Warner Electric Brake & Clutch Company had both an independent network ofdistributors
(and sales representatives) that sold its products and direct (OEM) customers. Defendant is
reviewing documents but the following U.S. distributors and sales representatives are identified for
some of the time period when Warner Electric Brake & Clutch Company manufactured products
with asbestos-containing friction material. The information is limited to distributors in states within
200 miles ofMadison County. Defendant does not know whether the products distributed contained
friction material that contained asbestos.
Distributors
Alabama
Indiana
Bearings & Transmissions Supply Co. 901 Congress Street
Power Transmission Company 802 South Main Street
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Mobile, Alabama
Owen-Richards Co., Inc. 824 N. 3 Is1 Street Binningham 4, Alabama
Owen-Richards Company of Sheffield P.O. Box 605 Sheffield, Alabama
Georgia
Southern Belting & Transmission Co. P.O. Box 4296 236 Forsythe Street, S.W. Atlanta 2, Georgia
Illinois
Baran Gear & Trans. Supply Co. 2315 West Fullerton Avenue Chicago 47, Illinois
Samuel Harris & Company 114 North Clinton Street Chicago 6, Illinois
Hendricks Electric Company 214-218 W. Second Avenue Peoria 6, Illinois
Patlyn Gears & Transmission Corp. 2456 W. 38th St (at Archer Avenue) Chicago 32, Illinois
Rockford Tool & Transmission Co. 802 Broadway Rockford, Illinois Louisiana
McLellan Equipment Company 2375 Tchoupitoulas Street
South Bend, Indiana
Queen City Supply Company 415-17 N. n1 Street Richmond, Indiana
Scherer Electric Company 940 South West Street Indianapolis 7, Indiana 46207
Trans-Power, Inc. 3025 Wells Street Fort Wayne, Indiana
Tri-State Bearing Company 3105 First Avenue Evansville 10, Indiana
Iowa
The Donald Corporation 313 . 7*** Street Des Moines 9, Iowa
Industrial Engineering Equipment Co. P.O. Box 987 1958 West River Drive Davenport, Iowa
Kentucky
Louisville Mill Supply Company 520 South 15th Street Louisville, Kentucky
North Carolina
Cross Sales & Engineering Co. 824 Winston Street
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P.O. Box 50260 New Orleans 50, Louisiana
Michigan
Industrial Components, Inc. 19035 Davison Detroit 23, Michigan
Mackay Industrial Sales Company 2131 Kalamazoo Avenue, S.E. Grand Rapids 7, Michigan
Minnesota
J. E. Braas Company 2948-36th Avenue, South Minneapolis, Minnesota
Industrial Supply Co., Inc. 1100 Third Avenue, South Minneapolis 4, Minnesota
Missouri
Barr-Thorp Electric Company 1000 West 26th Kansas City 8, Missouri
Bates Sales Company 1025 North 6* Street St Louis 1, Missouri
Nebraska
Precision Bearing & Transmission 1040 South 21st Street Omaha 2, Nebraska
Tennessee
Drawer 718 Greensboro, North Carolina
Mize Company, Inc. 415 Atando Avenue P.O. Box 1376 Charlotte 1, North Carolina
Ohio
Columbus Belting & Supply Co., Inc. P.O. Box 1976 Columbus 16, Ohio
Columbus Belting & Supply Co., Inc. 912 Cincinnati Dayton 8, Ohio
Fairmont Supply Company P.O. Box 2453 3705 Oakwood Avenue Youngstown 9, Ohio 44505
Fred W. Kiemle Company 33-37 Superior Toledo 4, Ohio
Queen City Supply Co., Inc. 7676 Reinhold Drive Cincinnati 37, Ohio
Wood-Compton Company 3666 East 116,h Street Cleveland 15, Ohio
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Electric Motor Sales & Supply Co. 1207 E.23rf Street Chattanooga 7, Tennessee
Industrial Sales Co., Inc. 305 Fifth Avenue, South Nashville, Tennessee
Power Drives, Incorporated 408 10th Street, S.W. Box 2206 Knoxville 16, Tennessee
Riechman Crosby Hays Company 223 South Front Street P.O. Box 173 Memphis 1, Tennessee
Wisconsin
.
A-C Supply Company of Green Bay, Inc. 1741 West Willow Street Green Bay, Wisconsin
A-C Supply Company, Inc. 2302 West Clyboum Street Milwaukee 3, Wisconsin
Sales Representatives
Georgia
Ray W. Dollar 254 East Paces Ferry Rd., N.E. Atlanta 5, Georgia
Illinois
Warner Electric Brake & Clutch Company 1915 N. Harlem Avenue Chicago 35, Illinois
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Harold U. Linson 5030 44 Avenue Court Moline, Illinois
Michigan
Warner Electric Brake & Clutch Company 2766 W. 11 Mile Road Berkley, Michigan
North Carolina
Cross Sales & Engineering Company 824 Winston Street Drawer 718 Greensboro, North Carolina
Ohio
Edward J. O'Connell 8010 Montgomery Road Cincinnati 36, Ohio
Wisconsin
H. J. Huegel 4003 W. Capitol Drive Milwaukee 16, Wisconsin
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Defendant is aware ofthe following OEM customers in 1986 for the following products. Defendant
currently is not aware of the addresses for these OEM customers. The list of original equipment
manufacturers means only that product was shipped to that entity, but it does not mean that what was
shipped was asbestos-containing.
Product
OEM
Fractional Electric Clutch/Brake
IBM, Brunswick, Signode, Mima, Union Switch, Burroughs, U.S. Postal Service, Diamond Automation, Western Gear
Integral Electric Clutch/Brake
Enkel, U.S. Windpower, Blower Application, International Harvester, Mohrlang, Bay Area Rapid Transit, Iowa Mfg., Rexham, Gloucester Engineering, Ro-An, Mima, Uriisul, Besser, DeutzAllis, Massey Ferguson, Paxstar, Napco, Arpeco Engineering
Packaged Electric Clutch/Brake
Sperry, Scan Optics, Bell & Howell, Shanklin, IBM, Picker Inti., LeBlond, Signode, Rapistan, Automatic Toll, Rosenthal, Modular Automation, Roll-Lift
Fail-Safe Electric Brakes
Excello, Montgomery Elevator, Gettys
Wheel Brake and Brake Parts Program
Hogg/Davis, T. J. Welding, King Truck, Mobile Equip., Hayes Axle, Belshe Trailer
INTERROGATORY NO. 109: Identify any and all parties, located within a 200 mile radius of Madison County, Illinois,
including, but not limited to, distributors, suppliers or contractors, known by you to have purchased, received, sold, distributed, applied or otherwise used, at any time, any or all ofthe products listed in response to Interrogatory Nos. 19 and 42.
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ANSWER: See Answer to Interrogatory No. 108, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 110: Other than cases identified in Interrogatory numbers 89 and 90, has defendant, any
predecessor or any related company, ever appeared as a party in any lawsuit involving a claim or claims based upon allegations ofproperty damage or seeking recovery of the costs of abatement from the use, application, installation or presence of asbestos or asbestos-containing products? ANSWER:
Defendant currently is not aware of any cases brought against Warner Electric Brake & Clutch Company involving a claim or claims based upon allegations ofproperty damage or seeking recovery of the cost ofabatement from the use, application, installation, or presence ofasbestos or asbestos-containing products. INTERROGATORY NO. Ill:
If your Answer to Interrogatory No. 110 is "yes," identify each such lawsuit as follows: (a) Identify the plaintiffs); (b) Identify all other defendants; (c) State when and where the case was filed; (d) Identify each court in which the case was heard or is pending, including appeals, and
state the style and cause number of the case in each court; and, (e) State the current status of the case if it remains pending or, if the case has been
disposed of state the final disposition.
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ANSWER: See Answer to Interrogatory No. 110, which is incorporated herein as if fully rewritten.
Objection: Defendant objects to this interrogatory on the ground that this Court directed that this interrogatory be redrafted, and it understands that plaintiffs have failed to do so. April 14,2000 Order, ^7. INTERROGATORY NO. 112:
In any lawsuit, as described in Interrogatory numbers 89, 90, 110 and 111, has Defendant been subject to sanctions, a contempt citation or similar action for failing, or refusing to comply with, any court order, for discovery fraud, or for the failure to provide complete, accurate and truthful responses to discovery? ANSWER:
Defendant currently is not aware of any such action being taken against Warner Electric Brake & Clutch Company in any such lawsuit. INTERROGATORY NO. 113:
If your Answer to Interrogatory No. 112 is "yes," with respect to each such occasion described:
(a) Identify the lawsuit involved, the court which imposed the sanctions or issued the contempt citation, and any other court which reviewed the same;
(b) Describe the violation for which sanctions or contempt was imposed; (c) Ifthe violation involved the failure or refusal to produce any documents), identify
any and all such documents;
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(d)
If the violation involved any failure to truthfully answer or to respond to interrogatories, identify any and all such interrogatories and your response thereto, including the person answering on your behalf;
(e) State the present status or final disposition ofthe matter, which ever is applicable; and,
(f) Identify any and all documents referring to, relating to or reflecting said matter, including, but not limited to, pleadings, exhibits and court orders.
ANSWER:
See Answer to Interrogatory No. 112, which is incorporated herein as if folly rewritten.
INTERROGATORY NO. 114:
In any lawsuit involving a claim or claims based upon allegations of injury, impairment,
disease or death allegedly caused by exposure to asbestos, has any document or conversation as to
which the defendant, any predecessor or related company, asserted the attomey/client privilege been
held by any court to be not privileged on the basis of the crime/fraud exception?
ANSWER:
Objection: Defendant objects to this interrogatory on the ground that this Court directed that
this interrogatory be redrafted, and it understands that plaintiffs have failed to do so. April 14,2000
Order, f7. Subject to and without waiving objections, Defendant currently is not aware of any
lawsuit involving a claim or claims based upon allegations ofinjury, impairment, disease or death
jallegedly caused by exposure to asbestos in which Warner Electric Brake & Clutch Company
asserted an attorney-client privilege but the court did not uphold the attorney-client privilege on the
basis ofthe crime/ffaud exception.
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INTERROGATORY NO. 115:
If your Answer to Interrogatory No. 114 is "yes." identify any and all such documents or
conversations described, and with respect to each:
(a) Identify all persons whose actions were held to constitute a crime or fraud;
(b) State the current status of the court's determination; and,
(c) State whether you assert the privilege with respect to disclosing the document or conversation in this case.
ANSWER:
Objection: Defendant objects to this interrogatory on the ground that this Court directed that
this interrogatory be redrafted, and it understands that plaintiffs have failed to do so. April 14,2000
Order, ^7. Subject to and without waiving objections, see Answer to Interrogatory No. 114, which is
incorporated herein as if fully rewritten.
INTERROGATORY NO. 116:
[Withdrawn under April 14, 2000 Order.]
INTERROGATORY NO. 117:
[Withdrawn under April 14,2000 Order.]
INTERROGATORY NO. 118:
[Withdrawn under April 14,2000 Order.]
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INTERROGATORY NO. 119:
[Withdrawn under April 14,2000 Order.]
INTERROGATORY NO. 120: Has Defendant, any predecessor or any related company, ever [.between 1930 and 1980,]
been cited, warned, fined, sanctioned for, any violation of a federal or state statute, law, rule, ordinance, code, administrative order, executive order, or the like, by any federal or state governmental entity, which violation concerned asbestos in any way? ANSWER:
Defendant currently is aware of two OSHA citations. One was on February 22, 1979 in violation of 29 C.F.R. 1910.1001(j)(3) for failure to provide or make available comprehensive medical examinations to new employees in an occupation exposed to airborne levels of asbestos fibers within 30 days of employment. The Company contested the violation. OSHA imposed no penalty. The other citation was between December 1, 1977 and January 12,1978 in violation of29 C.F.R. 1910.1001 (f)(2)(ii) for insufficient airborne asbestos monitoring. A follow-up inspection on Februaiy 22,1979 found Warner Electric Brake & Clutch Company in compliance. No penalty was assessed. INTERROGATORY NO. 121:
If your Answer to Interrogatory No. 120 is "yes" with respect to each such violation [between 1930 and 1980]:
(a) State the date of the citation, warning, fine, sanction or write-up; (b) . Describe the violation and state the date(s) during which it occurred;
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(c)
Identify the statute, law, rule, ordinance, code or order to which the violation related;
(d) State what, ifany, specific fine, penalty, or sanction was imposed;
(e) State the date in which and the manner in which said violation was corrected;
(f) Identify any and all officials ofDefendant, its predecessor or its related company having knowledge or notice of said violation and state the date on which said knowledge or notice was received; and,
(g) Identify any and all documents referring to, relating to or reflecting said violation.
ANSWER:
See Answer to Interrogatory No. 120, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 122:
Has any federal or state government entity, at any time [between 1930 and 1980], conducted
any inspection, test or survey concerning asbestos or asbestos exposure at any facility where the
products listed in response to InterrogatoryNos. 19 and 42 were manufactured, processed, applied,
used or removed?
ANSWER:
See Answer to Interrogatory No. 120, which is incorporated herein as if fully rewritten.
Defendant currently is aware of the following tests and surveys conducted in the 1980's: OSHA
monitored employees' exposure through routine inspections; the Illinois EPA monitored the plant's
environment through quarterly inspections; the U.S. EPAmonitored the plant's environment through
periodic inspections. See also Answers to Interrogatory Nos. 43, 47, 56 and 131, which are
incorporated herein as if fully rewritten.
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INTERROGATORY NO. 123: Ifyour Answer to Interrogatory No. 122 is "yes," then with respect to each such inspection,
test or survey [between 1930 and 1980]: (a) Identify the governmental entity conducting the same; (b) State the date(s) on which the same was conducted; (c) Describe the nature ofthe inspection, test or survey including, but not limited to, the results or conclusions thereof; and, (d) Identify any and all documents referring to, relating to or reflecting the same.
ANSWER: See Answer to Interrogatory No. 122, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 124: Identify: (a) Any expert whom you intend to call as a witness; (b) The subject matter on which the expert is expected to testify; (c) The substance of the facts and opinions to which the expert is expected to testify; (d) A summary of the grounds for each opinion; (e) The address of such person and field ofexpertise; (f) Identify and produce each treatise, article or text upon which the expert will rely in testifying.
ANSWER:
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.
Defendant objects to this interrogatory to the extent to which it requests information for
consulting experts in violation ofState rules ofprocedure and/or local rules. Subject to and without
waiving objections, an expert witness list will be provided as required by local rule. Defendant
reserves the right to rely on the testimony ofexperts called or identified by any other party, and any
documents produced by other parties. Any expert witness that Defendant intends to call at trial in
the cases covered by these interrogatories will be disclosed by Defendant in accordance with the
Madison County Standing Case Management Order for All Asbestos Personal Injury Cases.
INTERROGATORY NO. 125:
Are there any policies of insurance which provide, or might provide, coverage on behalfof
Defendant, any predecessor or any related company for the injuries alleged in Plaintiffs' complaints?
ANSWER:
Yes.
INTERROGATORY NO. 126:
If your Answer to Interrogatory No. 125 is "yes," identify each such policy of insurance as
follows:
(a) Identify the insurers);
(b) Identify the insured(s);
(c) State the date on which the policy was first purchased and the date on which the policy expired or was terminated;
(d) Describe the coverage provided, including, but not limited to, the time period over which the policy applied, the nature of the acts, omissions and injuries covered, and whether the policy provides primary or excess coverage; and
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(e)
State the dollar limits of the coverage provided, including, if applicable, the "per person" limitations and "per occurrence" limitation.
ANSWER: Objection: This interrogatory is overly broad and unduly burdensome because plaintiffs have
not identified a particular product or dates and extent ofexposure to that product. Defendant further objects to responding to this interrogatory and relies upon the privilege between an insurer and insured in discussions regarding the defense of any claim or category of claims. Subject to and without waiving objections, available documents responsive to this request will be made available for review on execution of a Confidentiality Agreement. INTERROGATORY NO. 127:
With respect to each policy described in response to Interrogatory No. 126, state: (a) the dollar amount of coverage which remains unexpended; and (b) whether any dispute exists between insurer and insured with respect to coverage. ANSWER: See Answer to Interrogatory No. 126, which is incorporated herein as if fully rewritten. INTERROGATORY NO. 128: Other than the policies ofinsurance described in response to Interrogatory No. 126, do there exist any agreements providing for the benefit of Defendant, any predecessor or any related company, complete or partial indemnification for any or all expenses incurred with respect to any or all of these cases, including, but not limited to, judgments, settlements, costs, experts' fees and/or attorneys' fees?
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ANSWER:
Defendant currently does not know the answer to this question regarding or for the benefit of
Warner Electric Brake & Clutch Company.
INTERROGATORY NO. 129:
Ifyour Answer to Interrogatory No. 128 is "yes," for each such agreement:
(a) Identify all parties to the agreement and state the capacity of each such party (i.e. indemnitor, indemnitee, etc.);
(b) State the terms ofthe agreement, including the nature ofthe expenses covered and, if applicable, any limitations on payment, reimbursement or indemnification; and
(c) Identify any and all documents referring to, relating to or reflecting said agreement.
ANSWER:
See Answer to Interrogatory No. 126, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 130:
Was this Defendant ever allowed to use the trademark or logo of any other company,
including but not limited to, its predecessor or related company, on any [asbestos-containing]
products Defendant sold, distributed or installed, and if so please state:
(a) The trademark or logo used by you;
.
(b) The company allowing such use of its trademark or logo;
(c) The time period such use was allowed;
(d) Whether such use was by written, verbal or implied agreement;
(e) Each and every product such trademark or logo was placed upon;
(f) Identify all documents which refer to, relate to or reflect the use ofsuch trademark or logo.
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ANSWER: See Answer to Interrogatory No. 21, which is incorporated herein as if fully rewritten.
INTERROGATORY NO. 131: ' From [1930 to 1980], state whether Defendant and/or any predecessor or related company
ever provided Workers' Compensation, health, accident and disability and/or life insurance coverage for its employees, and if so:
(a) Identify each insurance carrier which provided workers' compensation, health, accident and disability and/or life insurance coverage to your employees and the dates such coverage was provided by each such carrier;
(b) State whether such insurance carrier(s) ever conducted any dust counts or studies, industrial hygiene surveys or other tests relating to any asbestos-containing products that Defendant's employees may have been working with or around; and,
(c) Ifyour response to subpart (b) hereofis in the affirmative, please indicate the date of each such count, study, survey or other test and identify all documents relating thereto.
ANSWER: Defendant currently is aware that Worker's Compensation and other insurance coverage was
available to employees for all or part of the relevant time period from 1930 to 1980. Defendant currently is aware that insurance carrier dust counts or studies and industrial hygiene surveys were done. See also Answer to Interrogatory No. 56, which is incorporated herein as if folly rewritten.
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INTERROGATORY NO. 132: Other than cases identified in Interrogatories 89, 90, 110 and 111, has defendant, any
predecessor or any related company, ever appeared as a party in any lawsuit involving a claim or claims based upon issues ofinsurance for any claim ofpersonal injury, property damage or cost of abatement arising out ofthe exposure to, use of, application of, installation oforpresence ofasbestos or asbestos-containing products? ANSWER:
Defendant currently is not aware of any such cases involving Warner Electric Brake & Clutch Company.
INTERROGATORY NO. 133: Ifyour Answer to Interrogatory Nos. 89,90,110 and 111 is "yes", identify each such lawsuit
as follows: (a) Identify all plaintiffs); (b) Identify all defendants); (c) State when and where the case was filed; (d) Identify each court in which the case was heard or is pending, including appeals, and state the style and cause number of the case in each court; and (e) State the current status of the case if it remains pending or, if the case has been disposed of, state the final disposition.
I
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ANSWER: See Answers to Interrogatory Nos. 89,90,110 and 111, which are incorporated herein as if
fully rewritten. INTERROGATORY NO. 134:
Is the defendant, any predecessor or related company, claiming any document responsive to any interrogatoiy or any request for production filed by The Simmons Firm as being protected from disclosure because of a privilege claimed for any reason? If yes, please list each document being claimed as protected from disclosure in a privilege log providing the date of the document, the identity of the author, what individual or entity the document was addressed to, the identity of any individuals or entities provided copies of the document, a brief description of the nature of the
and the particular privilege claimed as shielding the document from disclosure.
Defendant is reviewing documents provided by Buyer involving Warner Electric Brake & Clutch Company. Defendant reserves the right to claim any applicable privilege that applies to responsive documents. A privilege log will be developed upon completion ofthe document review.
127
VERIFICATION
I, Charles R. Buikrnire, state that I have read the foregoing answers to interrogatories and the answers are true and accurate to the best ofmy knowledge and belief
Information sought by these interrogatories have been accumulated over time but not necessarily for purposes ofresponding to these interrogatories. It is not possible to now identify each person who, at some time, may have provided information that is now being used to answer these interrogatories. No single employee, officer or agent of . defendant has direct knowledge of the documents and infomration necessary to supply each and every response. I am informed that die review ofdocuments and discussions with people with knowledge support the answers based upon th-i information available as ofthe date ofmy signature.
Charles R. Burkmire
Sworn to and subscribed in my presence this
day of /. 2003.
WREN K. BARTON
Oklahoma Comfy
UEAU I
Notary PwblKtn and for state of Oklahoma
f*M ewnwanwt W*" *J<>e 20 -
00001871
Notary Public--St ite ofOhio ^ My Commission Expires 6
As to objections:
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PROOF OF SERVICE
I hereby certify that a true and correct copy of Dana Corporation's Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Pursuant to Order Dated October 20,2003, has been served upon the attorneys of record to the above cause hand delivering same on November^2.1^7 2003.
Copies Hand Delivered To:
John Simmons, Esq. Marcus E. Raichle, Jr., Esq. The Simmons Firm, L.L.C. 707 Berkshire Boulevard P.O. Box 521 East Alton, IL 62024
Attorneysfor Plaintiffs
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IN THE CIRCUIT COURT THIRD JUDICIAL CIRCUIT MADISON COUNTY, ILLINOIS
IN RE: ALL ASBESTOS LITIGATION FILED BY THE SIMMONS FIRM, LLC,
Plaintiffs,
vs. A. W. CHESTERTON INC., et al.
Defendants.
) ). )
) DANA CORPORATION'S ANSWERS
) AND OBJECTIONS TO PLAINTIFFS' ) REQUEST FOR PRODUCTION OF
) DOCUMENTS REGARDING WARNER
) ELECTRIC PURSUANT TO ORDER
) DATED OCTOBER 20,2003
)
PRELIMINARY STATEMENT Pursuant to the consent order dated October 20, 2003, Defendant Dana Corporation provides responses and objections to Master Requests for Production about "Warner Electric." This Preliminary Statement applies to and is incorporated into each response. Dana answers the Request for Production of Documents after reasonable investigation with the best available information presently known about Warner Electric Brake & Clutch Company and its historical product lines. To the extent Dana manufactured products that were not Warner Electric Brake & Clutch Company's historical product lines, documents relating to those products will be reported separately as otherwise required by the October 20,2003 order. Warner Electric Brake & Clutch Company, f/k/a Warner Electric Brake Company, was founded by A. P. Warner before 1930. Warner Electric Brake & Clutch Company was incorporated on December 13,1962 in the state ofDelaware.
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Dana acquired all of the outstanding shares of stock of Warner Electric Brake & Clutch Company in 1985.
Dana merged Warner Electric Brake & Clutch Company into Dana effective December 31, 1986. The U.S. business operated as a division of Dana until the year 2000 when assets, including related subsidiary operations, facilities and product lines of the Warner Electric Division (as modified from time to time by Dana acquisitions and reorganizations), were sold. At the time of sale, most of the business records and employees associated with the sale effectively transferred to the company that purchased the assets ("Buyer"). International subsidiaries' employees and records remained with the subsidiaries.
Historically, Warner Electric Brake & Clutch Company manufactured electric clutches, electric brakes, electric wheel brakes, and other products. Some clutches, brakes and wheel brakes contained friction materials. Friction material historically contained asbestos. The friction materials never were manufactured by Warner Electric Brake & Clutch Company. Rather, they were purchased by Warner Electric Brake & Clutch Company from friction suppliers. Any asbestos was encapsulated or bonded into the friction materials.
Because the conversion from asbestos-containing friction materials to non-asbestos friction materials was complete for most products before the merger, Dana has limited knowledge about the history of Warner Electric Brake & Clutch Company's products containing asbestos.
Since entry of the October 20, 2003 order, Buyer permitted access to certain Buyer facilities in Illinois for the purpose ofinspecting and copying documents stored by Buyer. Buyer
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also permitted access to certain Buyer employees. Dana's responses are principally based upon information within Buyer's possession, custody and control.
Defendant is producing copies of documents, mostly copies of documents located now at Buyer facilities, that it believes are responsive to Plaintiffs' requests for production. Many documents, however, do not reveal whether the product at issue contained asbestos. With few exceptions, neither Warner Electric Brake & Clutch Company nor the Warner Electric Division of Dana segregated or identified documents based on whether the document related to asbestos. Therefore, the documents produced may include documents that relate to non-asbestos products.
To the extent Defendant has produced a document responsive to one request that may be responsive to other requests, multiple copies of the same document were not separately produced or identified.
Substantial progress has been made locating documents requested by Plaintiffs. However, Defendant has not completed its review of potentially relevant documents found at Buyer's facilities. Defendant will supplement this response once it has completed its review. These responses are limited to documents located in the United States.
Defendant reserves the right to amend, supplement, modify or otherwise change these responses in the event that it acquires additional information responsive to these requests for production, or if it appears that inadvertent or administrative omissions or errors have been made.
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general objections
The following objections are incorporated by reference into the responses: 1. Defendant objects to each request for production and part thereof to the extent that Plaintiff may assert that Plaintiffs definitions bind Defendant. 2. Defendant objects to each request for production and part thereof to the extent they call for information protected by (a) the attorney-client privilege, (b) attomey-work-product doctrine, (c) any applicable privilege relating to communications between counsel for Defendant and counsel for other defendants regarding this or similar litigation, (d) any applicable privilege relating to communications between Defendant's employees or counsel and Defendant's insurers regarding the defense of this claim or claims of this type, (e) any privilege relating to confidential trade secrets or confidential communications, (f) the right ofprivacy, or (g) any other privilege. 3. Defendant objects to each request for production and part thereof to the extent that information sought is not relevant to the subject matter of the pending action nor reasonably calculated to lead to the discovery ofadmissible evidence as it relates to Defendant. 4. Defendant objects to each request for production and part thereof to the extent that they seek information already possessed by Plaintiffs, information generally obtainable from the public domain, and/or which is more readily obtainable from a third party in a manner that is less burdensome and/or more convenient than that which plaintiffs seek to impose on defendant. 5. . Defendant objects to each request for production and part thereof to the extent they seek information or documents not within the custody and control ofDefendant.
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6.
Defendant objects to each request for production and part thereofto the extent that
they seek information or impose obligations beyond those permitted by the applicable Rules of
Gvil Procedure and local rules of court.
7. Defendant objects to each request for production and part thereof to the extent that
they seek information or documents in a form different from that maintained by Defendant in the
ordinary course of its business.
8. Defendant objects to each request for production and part thereof to the extent that
they seek to impose on Defendant a discovery obligation to respond for Defendant's businesses
and entities not parties to this litigation.
9. Defendant objects to each request for production and part thereof that seek to
determine the knowledge, familiarity, or awareness of a corporation. It is not possible to state
precisely if or when a corporation can be said to have such knowledge; that is a mixed question
of fact and law. Defendant objects to imputing knowledge, familiarity, or awareness to a
corporation based upon the knowledge, familiarity, or awareness of an employee or agent of a
corporation.
.
10. Defendant objects to each request for production and part thereof calling for
opinions rather than facts.
11. Defendant objects to any request that it respond for separate corporate entities.
12. The responses set forth below are subject to and do not waive:
a. Objections as to (i) the competency, relevancy, materiality, privilege, or admissibility ofevidence at trial or (ii) the use of any of the responses given herein or the documents or the subject matter
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thereof in any subsequent proceeding or trial in this or any other action or for any other purpose;
b. The right to object to other discovery proceedings involving or related to the subject matter of the request to which these responses are directed;
c. The right at any time to revise, correct, add to, or clarify any or all of the responses, all of which are given subject to correction of any such omissions or errors; and
d. The objections set forth above and/or in response to any specific request for production.
13. Defendant objects as unduly burdensome and oppressive to producing multiple
copies ofthe same document if a document relates to more than one request.
14. Defendant objects as unduly burdensome and oppressive requests relating to all of
Warner Electric Brake & Clutch's products. Without Plaintiffs' specific product identification
such requests are overly broad and unduly burdensome. Warner Electric Brake & Clutch made
many different clutches and brakes for industrial and other applications that varied in many
ways, such as: size, shape, and physical characteristics.
15. Defendant objects to producing any documents, including engineering documents
and employee personnel and medical records, which the Buyer considers to be proprietary or
confidential.
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REQUESTS TO PRODUCE REQUEST NO. 1:
Any and all writings, or documents of any nature whatsoever, including but not limited to, any purchase orders, invoices, contracts, shipping records, employee files, accounting records, order books, account books, contract books, inventory records, specification standards, engineering standards or sales ledgers of the Defendant, any predecessor or related companies, which refer, reflect, concern or relate to in any way the sale, purchase, receipt, distribution, transfer, shipment, specification, application, installation, removal, storage, or disposal of any asbestos, vermiculite, asbestos-containing products, or vermiculite-containing product to, on, or from, the locations as described in Interrogatory number 108, to, on, or from, any location in the State of Illinois and to, on, or from, any location within a 200 mile radius of Madison County, Illinois. RESPONSE:
See Answers to Interrogatory Nos. 41,108, and 109 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this request are labeled Warner SBC-20-000001-002370; 19-000001-002493; 19-002494-003393; 07-000001 002870; 13-000001-002567; 22-000001-002732; 16-000001-002796; 03-000001-002302; 06 000001-2503; 06-002504-3402; 23-000001-002927; 02-000001-000885; 04-000001-000079; 01 000001-000622; 11-000001-002288.
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.
REQUEST NO. 2: Any and all writings or documents of any nature whatsoever, including but not limited to,
any purchase orders, invoices, contracts, shipping records, employee files, accounting records, order books, account books, contract books, inventory records, specification standards, engineering standards, or sales ledgers of the Defendant, any predecessor or related companies, which refer, reflect, concern, or relate to in any way the sale, purchase, receipt, distribution, transfer, shipment, specification, application, installation, removal, storage, or disposal of any asbestos, vermiculite, asbestos-containing products, or vermiculite-containing product, from any of the other Defendants named in this action or any other manufacturer, distributor, seller or provider of any such products to this Defendant, any predecessor or related companies. RESPONSE:
See Answers to Interrogatory No. 41, 108 and 109 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production No. 1 and potentially for one or more other Requests.
REQUEST NO. 3: Any and all writings or documents of any nature whatsoever which the Defendant may
have utilteed or relied upon in any way in purchasing, specifying, applying, installing, storing.
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removing, and/or contracting to apply or install asbestos, vermiculite, asbestos-containing products and/or vermiculite-containing products at any site as described in Interrogatory number 108 in any location in the State of Illinois, and in any location within a 200 mile radius of Madison County, Illinois. RESPONSE:
See Answers to Interrogatory No. 22, 41, 108, and 109 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Warner Electric Brake and Clutch Company was a manufacturer, not an installer. This request is not applicable except perhaps, in cases where a customer service representative may have assisted a customer. Documents responsive to this request are labeled Warner SBC-20-000001-002370; 19-000001 002493; 19-002494-003393; 07-000001-002870; 13-000001-002567; 22-000001-002732; 16 000001-002796; 03-000001-002302; 06-000001-2503; 06-002504-3402; 23-000001-002927; 04 000001-000079; 01-000001-000622; 11-000001-002288.
REQUEST NO. 4: Any and all documents which reflect the dissemination by this Defendant, any
predecessor or related companies, of any and all of the writings or documents referred to in the immediately preceding request, to contractors, subcontractors, unions, employees of the Defendants, or any other persons or entities to whom any such dissemination was made.
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RESPONSE; See Response to Request for Production No. 3, which is incorporated herein as if fully
rewritten. Documents responsive to this Request have been produced in response to Request for Production No. 3 and potentially for one or more other Requests.
REQUEST NO. 5: Any and all writings or documents of any nature whatsoever disseminated by this
Defendant, any predecessor or related companies to its employees, contractors, subcontractors, unions and their workers, relating, referring, reflecting or concerning any warnings, cautions, recommendations, guidance, instructions or proposals concerning, relating, reflecting, or referring to the use, application, installation, storage, or removal of any asbestos or asbestoscontaining product. RESPONSE:
See Answers to Interrogatory Nos. 63, 78, and 79 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this request are labeled Warner SBC-26-000343-000582; 25-000001-001167; 09-000001-002459; 26-000001 000342.
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REQUEST NO. 6: Any and all writings or documents of any nature whatsoever reflecting, referring,
concerning or relating to any meetings of any health and safety committee, industrial hygiene committee, risk evaluation committee or any other safety or health-related committee within the organization of this Defendant, any predecessor or related companies, wherein asbestos and/or the potential health effects of asbestos were discussed, referred to, related or any way spoken about. RESPONSE:
See Answer to Interrogatory No. 84 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production No. 5 and potentially for one or more other Requests.
REQUEST NO. 7: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to asbestos and/or potential health effects of asbestos authored by any officer, director, employee, agent, or consultant of this Defendant, any predecessor or related company.
it
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RESPONSE:
.
See Responses to Request for Production Nos. 5 and 6, which are incorporated herein as
if fully rewritten. Defendant objects to this request and Request No. 8 as overly broad and
unduly burdensome because it requests any document referring to asbestos. If this request is
interpreted this broadly, there is no need for many of the other requests for production
propounded by Plaintiffs as they would be covered under this single request. Because it is too
broad, every document produced is also applicable either to this Request or Request No. 8.
Subject to and without waiving objections, other documents responsive to this Request are
labeled Warner SBC-24-000001-001443.
REQUEST NO. 8: Any and all writings or documents of any nature whatsoever in the possession of this
Defendant, any predecessor or related company referring, reflecting, concerning or relating to asbestos and/or the potential health effects of asbestos regardless of whether the author or authors were employees, agents, officers, directors or consultants of the Defendant, any predecessor or related companies. RESPONSE:
See Responses to Request for Production Nos. 5 and 6, which are incorporated herein as if fully rewritten. Defendant objects to this request and Request No. 7 as overly broad and unduly burdensome because it requests any document referring to asbestos. If this request is interpreted this broadly, there is no need for many of the other requests for production
12
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propounded by Plaintiffs as they would be covered under this single request. Because it is too broad, every document produced is also applicable either to this Request or Request No. 7. Subject to and without waiving objections, other documents responsive to this Request are labeled Warner SBC-24-000001-001443.
REQUEST NO. 9: Any and all writings or documents of any nature whatsoever, including but not limited to,
any dust studies, industrial hygiene survey and/or test results, guidelines for conducting dust studies and/or industrial hygiene surveys or tests, studies and/or reports which refer, reflect, concern, or relate to any dust or particulate matter suspended in any breathable atmosphere at any of the Defendant's plants or work sites, or any other location where asbestos, vermiculite, asbestos-containing products, or vermiculite containing products were being added, applied, installed, stored, or removed. RESPONSE;
See Answers to Interrogatory No. 41, 43, and 56 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this request are labeled Warner SBC-08-000001-001548.
13
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BEQUEST NO. 10; Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to in any way to the effects of the absorption or inhalation ofasbestos dust and/or airborne asbestos particles on humans and/or animals in the possession of this Defendant, any predecessor or related companies, or which this Defendant, any predecessor or related companies ever received, conducted, participated in or funded in whole or part. RESPONSE:
See Answers to Interrogatory No. 43,58, 79, and 86 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production No. 9 and potentially for one or more other Requests.
REQUEST NO. II: Any and all writings or documents of any nature whatsoever reflecting any claim or
claims made against this Defendant, any predecessor or related companies, wherein it was alleged that any individual sustained an injury, impairment, disease or death caused by exposure to asbestos, including, but not limited to, all lawsuits or worker compensation claims filed against this Defendant, any predecessor company or related companies. While the Plaintiff reserves its right to request any of the above noted documents in the future, it is presently
14
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sufficient that the documents requested be produced for the first ten worker compensation claims filed and the first ten lawsuits filed. RESPONSE:
See Answer to Interrogatory No. 89 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Except for the pending workers compensation claim. Defendant is not aware of any workers compensation claims. Defendant objects to producing a pending claim file. Defendant is not aware of law suits filed against Warner Electric Brake & Clutch Company resulting from exposure to asbestos. Defendant does not keep permanent records by product for early cases in which Defendant was sued. Defendant was defended by the Center for Claims Resolution from the Center's inception until February 2001. Since February 2001, in nearly all cases where a product is identified, the product is a Victor Products Division gasket.
REQUEST NO. 12: Any and all writings of any nature whatsoever sent to or received from any of the
Defendant's insurance carriers and/or the carriers of the Defendant's predecessor or related companies, referring, reflecting, concerning or relating to any way the health effects of the absorption or inhalation of asbestos dust or asbestos particles suspended in the air, including but not limited to the health effects of the absorption or inhalation of asbestos dust and/or asbestos particles suspended in the air on employees of the Defendant, any predecessor or related
15
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companies, while working with or around asbestos or asbestos-containing products, and the health effects of the inhalation of asbestos dust and/or asbestos fibers suspended in the air by employees of contractors or subcontractors of the Defendants, any predecessor or related companies, while working with or around asbestos or asbestos-containing products. . RESPONSE:
See Answers to Interrogatory No. 79 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production No. 9 and potentially for one or more other Requests.
REQUEST NO. 13: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to any way to the dollar amount spent annually on research generally and medical research specifically since 1930 by this Defendant, any predecessor or related companies. RESPONSE:
See Answer to Interrogatory No. 49 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Defendant does not know whether appropriations
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reviewed contain information responsive to this request. The appropriations are labeled Warner SBC-12-000001-002948.
REQUEST NO. 14: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to any way the employment since 1930 of any industrial hygienist, toxicologist or other persons in similar positions by this Defendant, any predecessor or related companies. Specifically included within the scope of this request are any and all writings or documents of any nature whatsoever for any individuals or entities employed in the positions identified above whether it be in a traditional employee-employer relationship or that of an independent contractor. RESPONSE:
See Answers to Interrogatory Nos. 47 and 48 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production No. 9 and potentially for one or more other Requests.
REQUEST NO. 15: A bibliography of any and all material contained in any and all libraries or other
information depositories of this Defendant, any predecessor or related companies, referring.
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.
.
reflecting, concerning or relating to in any way whatsoever to asbestos, asbestos-containing
products, the health effects of the absorption or inhalation of asbestos by humans or animals
and/or the application, removal, installation and disposal of asbestos and/or asbestos-containing
products.
RESPONSE:
See Answers to Interrogatory Nos. 50, 51, 52, and 53 in Dana Corporation's
Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric
Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Defendant has not
identified any Warner Electric Brake & Clutch Company documents responsive to this request.
REQUEST NO. 16: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to in any way whatsoever to any instructions, advice, suggestions, warnings, guidance, notification, training or education on any health effects on humans or animals of the absorption or inhalation of asbestos fibers, or other dusts in the possession of the Defendant, regardless of whether the writings or documents were authored by employees and/or consultants of the Defendant, provided to it by any of the companies from which it purchased or obtained asbestos or asbestos-containing products, or from any or other source whatsoever including but not limited to trade associations, manufacturing associations, or other professional entities or organizations.
18
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RESPONSE: See Answers to Interrogatory Nos. 78, 79, and 84 in Dana Corporation's Supplemental
Answers and Objections to Plaintifis' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Some documents responsive to this Request have been produced in response to Request for Production No. 5. Other documents responsive to this request are labeled Warner SBC-09-000001-002459; 26-000001-000342; 21 000001-000676.
REQUEST NO. 17: Any and all writings or documents of any nature whatsoever which refer, reflect, concern,
or relate to in any way any seminars, symposiums, any meetings of any trade organizations, associations, or other professional entities attended by any officers, directors, employees, agents or consultants of the Defendant, any predecessor or related companies, wherein asbestos, asbestos-containing products, or the health effects of the absorption and/or inhalation of asbestos fibers or other dusts on humans and/or animals was discussed, referred to, related to or concerned in any way. Specifically included within the scope of this request are any minutes of any such meetings, committees or sub-committees of any trade organizations, associations or other professional entities or organizations. RESPONSE:
See Answers to Interrogatory Nos. 94 and 106 in Dana Corporation's Supplemental Answers and Objections to Plaintifis' Interrogatories Regarding Warner Electric Brake & Clutch
19
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Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production No. 16 and potentially for one or more other Requests.
REQUEST NO. 18: Any and all writings or documents of any nature whatsoever in the possession of this
Defendant, any predecessor or related companies, which refer, reflect, concern of relate to in any way to the performance of dust respirators against fibrous dust. RESPONSE:
Defendant has not identified any Warner Electric Brake & Clutch Company documents responsive to this request. Documents about respirators have been produced in response to Request for Production No. 5 and potentially one or more other Requests.
REQUEST NO. 19: Any and all writings or documents of any nature whatsoever in the possession of this
Defendant, any predecessor or related companies, which refer, reflect, concern or relate to in any way to any dust level counts, air sample reports or industrial hygiene surveys performed or conducted during the application, installation, or removal of any asbestos-containing and/or vermiculite-containing products.
20
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RESPONSE: See Response to Request for Production No. 9, which is incorporated herein as if fully
rewritten. Documents responsive to this request have been produced for Request No. 9 and potentially for one or more other Requests.
REQUEST NO. 20: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning, or relating to in any way the subject of worker's safety including but not limited to, any safety manuals, employee handbooks, safety rules and instructions, or any writings or documents of a similar nature in the possession of this Defendant, any predecessor or related companies from 1930 to date. RESPONSE:
See Answer to Interrogatory No. 84 in Dana Coiporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been
/
produced in response to Request for Production No. 5 and potentially for one or more other Requests.
21
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REQUEST NO. 21: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to in any way whatsoever any health surveillance program conducted by or on behalf of this Defendant, any predecessor or related companies, or its employees. RESPONSE:
See Answer to Interrogatory No. 84 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents responsive to this Request have been produced in response to Request for Production Nos. 5 and 9 potentially for one or more other Requests.
REQUEST NO. 22:
.
All 10-K forms which this Defendant, including all subsidiaries, divisions, predecessor
entities or related companies, has submitted to the securities exchange commission, and all
annual stockholder reports for the last ten years.
RESPONSE:
Defendant currently has not reviewed Warner Electric Brake & Clutch Company's 10-
K's, if any exist. Defendant's annual reports, which contain detailed financial information, are
publicly available. Defendant's 10-K forms are located on the Securities & Exchange
Commission's website.
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REQUEST NO. 23: Any and all writings or documents of any nature whatsoever referred to, or identified in
any answer to the Plaintiffs interrogatories directed to this Defendant. Please be advised that the Plaintiff will not accept as an answer to any interrogatory question or in response to any request for production a statement that documents are in the possession of the Defendant or any other entity and will be made available for inspection and copying upon request. Please be advised that such a statement is not deemed responsive to an interrogatory question or a request for production under the Illinois Supreme Court Rules. Please produce copies of any and all documents or writings responsive to any request for production or referred to or identified in any answer to any interrogatory. RESPONSE:
See Answers to Interrogatory Nos. 16, 43, 93, 95 and 120 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Defendant's investigation and review of documents is ongoing and Defendant reserves the right to supplement or amend this response. Documents responsive to this request are labeled Warner SBC-04-000009000020; 08-000045-000076; 08-000163-000166; 24-000011; 24-000018-000046; 08-000051 000064; 08-000074-000078; 25-000001-001167; 09-001131-001183; 21-000001-000232.
REQUEST NO. 24:
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Any and all writings or documents of any nature whatsoever, referring, reflecting, concerning or relating to in any way any policies of insurance, including but not limited to, worker's compensation, medical and/or life insurance, that the Defendants, any predecessor or related companies, carried on its employees during the period 1940 to date. RESPONSE:
See Answers to Interrogatory Nos. 125 and 126 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20,2003. This request for production is overly broad and unduly burdensome because Plaintiffs have not identified a particular product or dates and extent of exposure to that product. Defendant further objects to responding to this request for production and relies upon the privilege between an insurer and insured in discussions regarding the defense of any claim or category of claims. Subject to and without waiving objections, available documents responsive to this request will be made available for review upon execution of a Confidentiality Agreement.
REQUEST NO. 25: Any and all policies of insurance which may provide coverage for this Defendant, any
predecessor or related companies, against the claims asserted in Plaintiffs complaint. RESPONSE:
See Answers to Interrogatory Nos. 125 and 126 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch
24
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Company Pursuant to Order Dated October 20,2003. This request for production is overly broad and unduly burdensome because Plaintiffs have not identified a particular product or dates and extent of exposure to that product. Defendant further objects to responding to this request for production and relies upon the privilege between an insurer and insured in discussions regarding the defense of any claim or categoiy of claims. Subject to and without waiving objections, available documents responsive to this request will be made available for review on execution of a Confidentiality Agreement.
REQUEST NO. 26: Any and all writings or documents of any nature whatsoever, including but limited to,
any blueprints, schematics, drawings, sketches, insulation specifications, engineering standards or other documents, in the possession of the Defendant, any predecessor or related companies, which refer, reflect, concern or relate to in any way the application, installation, storage or removal, of any asbestos, vermiculite, asbestos-containing product or vermiculite-containing product at any site as described in Interrogatory number 108 on any location in the State of Illinois, and on any location or site within a 200 mile radius of Madison County, Illinois. RESPONSE:
See Answers to Interrogatory Nos. 36,41, and 108 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Documents that contain this information include the catalogs, instruction manuals, and technical bulletins that are being produced or, once
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.
copied and reviewed, will be produced. The Buyer has original engineering drawings over time
and change orders for products. Buyer considers certain engineering information to be
proprietary. Catalogs being produced provide detailed drawings. Documents responsive to this
request have been produced in response to Request for Production No. 1 and potentially one or
more other Requests.
REQUEST NO. 27;
Any and all Writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to in any way the use by this Defendant of any other company's name,
trademark or logo on any asbestos-containing product sold, distributed, applied, installed or
removed by this Defendant.
RESPONSE:
See Answers to Interrogatory Nos. 21 and 130 in Dana Corporation's Supplemental
Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch
Company Pursuant to Order Dated October 20,2003. Documents responsive to this request have
been produced in response to Request for Production No. 1 and potentially one or more other
Requests.
.
REQUEST NO. 28: Any and all writings or documents of any nature whatsoever referring, reflecting,
concerning or relating to in any way whether any director, officer, employee, agent or consultant
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of the Defendant, any predecessor or related company, ever served as an officer, or on a committee or sub-committee of any trade organization, association or professional entity which refers, reflects, concerns or relates to in any way, the subject of asbestos or the effects of the absorption or inhalation of asbestos fibers or other dusts by humans and/or animals and/or the giving of any warnings, cautions or instructions concerning the use of asbestos and asbestoscontaining products. RESPONSE:
See Answers to Interrogatory Nos. 94 and 97 in Dana Corporation's Supplemental Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Defendant has not identified any Warner Electric Brake & Clutch Company documents responsive to this request.
REQUEST NO. 29: Any writings or documents of any nature whatsoever, including but not limited to, any
minutes, notes, memorandum, or electronic or stenographic recording of any formal or informal meetings of any of the officers and/or board of directors of this Defendant, any predecessor or related company, mentioning, referring, reflecting, concerning or relating to asbestos, vermiculite, asbestos-containing products, or vermiculite-containing products, the health effects of the inhalation of asbestos dust and/or asbestos fibers, on humans and/or animals, and the health effects of the inhalation of any dust.
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RESPONSE: See Answers to Interrogatory Nos. 41 and 104 in Dana Corporation's Supplemental
Answers and Objections to Plaintiffs' Interrogatories Regarding Warner Electric Brake & Clutch Company Pursuant to Order Dated October 20, 2003. Defendant has not identified any Warner Electric Brake & Clutch Company documents responsive to this request.
REQUEST NO. 30: Any and all documents that defendant intends to use as an exhibit at trial. (It is an
acceptable response to make any and all documents set forth on defendant's exhibit list(s) availablefor inspection and copying.) RESPONSE:
Subject to and without waiving objections. Defendant's exhibit list will be supplied in accordance with the pretrial requirements in this case. Defendant reserves the right to use all exhibits identified by any party to this litigation. Defendant reserves the right to submit rebuttal documents in response to exhibits offered by Plaintiffs.
28
VERIFICATION
I, Charles R. Burkmire, state that I have read the foregoing responses to request for production ofdocuments and the responses are true and accurate to the best ofmy knowledge and belief.
Information sought by these requests have been accumu lated over time but not
necessarily for purposes ofresponding to these requests. It is not possible to now identify
each person who, at some time, may have provided information that is now being used to
answer these requests. No single employee, officer or agent of jefendant has direct
knowledge ofthe documents and information necessary to supply each and every
response. I am informed that the review ofdocuments and disc ussions with people with
knowledge support the responses based upon the information available as ofthe date of
my signature.
*
Charles R. Burkmire
Sworn to and subscribed in my presence this
day of 11
^ 2003.
KAREN K. BARTON Oklahoma County
Notary Pubfc in and for Scats of Oklahoma
My comwlMion expires Juno 12.2004.
As to objections:
Notary Public - Stire of Ohio My Commission Expires (,, -
PROOF OF SERVICE
1 hereby certify that a true and correct copy of Dana Corporation's Answers and Objections to Plaintiffs' Request for Production of Documents Regarding Warner Electric Pursuant to Order Dated October 20, 2003, has been served upon the attorneys ofrecord to the above cause hand delivering same on November^ 7* 72003.
John Simmons, Esq. Marcus E. Raichle, Jr., Esq. The Simmons Firm, L.L.C. 707 Berkshire Boulevard P.O.Box 521 East Alton, IL 62024 Attorneysfor Plaintiffs
30
