Document RJ00yz4BDjn8969e1E8aZnxnB

V NO. 95-10756 GENEVA H. CAMERON; PAUL DEAN ) IN THE C0UNXY COURT HARVILL; DWIGHT WILSON KNAPP; ) HOWARD BENNETT RITCHIE; and JAMES ) WILLIAM WREN; ) ) Plaintiffs. ) ) vs. ) ) EL PASO COUNTY. TEXAS OWENS-CORNING FIBERGLAS CORPORATION; ET ) ) ) Defendants. COUNTY COURT TWO DEFENDANT ILLINOIS CENTRAL RAILROAD COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST SET OF INTERROGATORIES SUBJECT TO AND WITHOUT WAIVING SPECIAL APPEARANCE TO PRESENT MOTION OBJECTING TO .JURISDICTION TO: GENEVA H. CAMERON, by and through her counsel of record. Peter A; Kraus, Baron & Budd, P.C., 3102 Oak Lawn Ave., Suite 1100, Dallas, Texas 75219-4281. Pursuant to Rules 120a. 166b and 169 of the Texas Rules of Civil Procedure. Defendant Illinois Central Railroad Company ("ICRC") hereby files its Responses and Objections to Plaintiffs' First Set of Interrogatories. Subject to and Without Waiving Special Appearance to Present Motion Objecting to Jurisdiction. Respectfully Submitted. & J- Qr JohjfS. Howell Kemp, Smith. Duncan & Hammond. P.C. 2000 Norwest Plaza El Paso, TX 79901-1441 Telephone: (915) 533-4424 Fax: (915) 546-5360 Thomas R. Peters Mark R. Kurz GUNDLACH, LEE, EGGMANN, BOYLE & ROESSLER 5000 West Main Street, P.O. Box 23560 Belleville, IL 62226-0560 Telephone: (618)277-9000 Fax: (618) 277-4594 ATTORNEYS FOR DEFENDANT ILLINOIS CENTRAL RAILROAD COMPANY CERTIFICATE OF SERVICE s ta certify that a true and correct copy of the foregoing d[ooccument has been forwarded f ~Zto counsel for plaintiffs on this / day of ide available to all other counsel of record. 1 I. PRELIMINARY STATEMENT AND OBJECTIONS Subject to and without waiving its current or any future special appearances. ICRC makes this preliminary statement and these objections: ICRC currently has special appearance motions pending in various cases in Dallas County. Texas. Each of these cases involve numerous Plaintiffs who are residents of states other than Texas. Each and every objection, response or matter contained in these responses and answers is made strictly subject to and without waiving any pending special appearance motion. To the extent that ICRC is named and served as a party in future cases in Dallas County, these responses shall also be subject to and without waiving any future special appearance motions. ICRC expressly objects to each and every discovery request to the extent that it seeks any information in those cases wherein a special appearance is pending for the reason that such discovery requests are not related to any special appearance motion or likely to lead to the discovery of evidence admissible in a special appearance hearing. ICRC does not own or control any railroad track in Texas. ICRC will provide substantive responses to those requests related to jurisdictional issues as they relate to those Plaintiffs who have sued ICRC. However. ICRC objects to each and every' discovery request and/or interrogatory to the extent that it is unrestricted as to subject, time and geography on the grounds that such requests/interrogatories are unreasonably burdensome and not reasonably related to the discovery ofjurisdictional evidence related to such claims. II. GENERAL OBJECTIONS 1. ICRC objects to these requests in their entirety for the reason that such requests were not in the master set of discovery. Plaintiffs have neither sought nor obtained leave of court to serve this Defendant with discovery other than the master discovery previously approved by Dallas County. ICRC objects to this unilateral attempt by Plaintiffs to circumvent the procedures set forth by the Master Asbestos Judge in Dallas County. However, because Defendant has filed a Special Appearance contesting jurisdiction over it by this Texas Court, Defendant will provide substantive responses to those requests which are jurisdictional in nature. 2. ICRC further objects to each and every discovery request, interrogatory and request for admission to the extent that they require ICRC to search through all corporate documents on the ground that such requests are clearly overly board, unduly burdensome, exceptionally expensive, and not reasonably related to the discovery of evidence relevant to the claims ofPlaintiffs claiming injury arising out of alleged exposure while employed by ICRC in Texas. 3. ICRC further objects to those requests as a whole, since they seek matters which are privileged under the Texas Rules of Civil Procedure and Texas Rules of Civil Evidence, including, but not limited to, information and matters precluded by the attomey/client privilege, attomey/work product exemption and the party communications privilege. 4. ICRC further objects to the definitions set forth at the beginning ofPlaintiffs' requests as an improper attempt to give meanings to ordinary English words that are contrary to their accepted meanings and which render the requests ambiguous, overly broad and/or unduly burdensome to answer. 5. ICRC further objects to Plaintiffs' requests as vague since they are not limited to the time and location when and where Plaintiffs were allegedly employed by ICRC. 6. ICRC expressly incorporates each and even' general objection and preliminary statement into its response to each interrogatory, subject to and without waiving its special appearance motion objecting to jurisdiction. INTERROGATORY NO. 1: State the name, address, job title, length of time employed by Defendant, and a year-by-year list of all positions, titles, or jobs held while working for Defendant of each person who supplied any information used in answering these interrogatories. ANSWER: Charles Garrett, Risk Manager Illinois Central Railroad Co. 2921 Horn Lake Road Memphis, Tennessee 38109 Employment Tenure: In excess of 20 years INTERROGATORY NO. 2: State the full and proper business name and address of the Defendant. State whether or not you are a corporation. If so, state your corporate name, the state of your incorporation, the address of your principal place of business, the name and address of the person or entity authorized to accept service of process on your behalf, and whether or not you have ever held a Certificate of Authority to do business in the State of Texas, maintained a registered agent in Texas, engaged in business in Texas or recruited or hired employees in Texas. ANSWER: Subject to Defendant's special appearance and preliminary and general objections, and without waiving same: Illinois Central Railroad Company is a corporation incorporated in the State of Delaware. Its principal place of business is 455 North Cityfront Plaza Drive, Chicago, IL 60611-5504. It has no person or entity authorized to accept service of process in Texas and is not required to do so. It has never held a Certificate of Authority to do business in Texas and is not required to do so. ICRC has not engaged in business in Texas and has not recruited or hired employees in Texas. INTERROGATORY NO. 3: With regard to each policy of liability insurance intended to provide coverage to Defendant, its agents and/or employees for the liability in connection with the allegations such as those delineated in Plaintiffs Original and Amended Petitions including, but not limited to, all primary and excess policies covering the Defendant for such liability, state the name and address of each carrier. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to the Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. 'r- INTERROGATORY NO. 4: State whether you contend that the Plaintiff has done anything or failed to do anything that constitutes contributory negligence. If so, please describe the basis of your contention and what evidence exists to support that contention. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expen privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO, 5: State whether you contend that the Plaintiff has done or failed to do anything that constitutes a failure to mitigate damages. If so, please describe the basis of your contention and what evidence exists to support that contention. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. I66b(3)(a); consulting expen privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the pany communications privilege, Tex. R. Civ. P. I66b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 6: List each and every place of work and job assignment of the Plaintiff which he held during his employment with Defendant and describe in detail the duties, involved in each of the job assignments. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to the Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 7: Describe in detail how asbestos containing products were used by railroad workers on Defendant's railroad(s) during the period of Plaintiffs employment by Defendant. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P, 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 8: Describe in detail where asbestos containing products were used by railroad workers on Defendant's railroad(s) during the period of Plaintiffs employment by Defendant. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 9: If you have alleged in your answer that Plaintiffs injuries and/or damages were caused by some other injury, disease or condition, either pre-existing or unrelated to and arising after or in conjunction with the Plaintiffs exposure to asbestos- containing products, please describe in detail such pre-existing or subsequent disease, injury or condition. For each alleged other injury, disease or condition, identify all evidence upon which you base this contention. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. I66b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 10: Please state the name of each and every person having knowledge of facts relevant to this action including most recent address and present telephone number, along with the experience and qualifications, it applicable, of each and every person, known to Defendant's agents, including, but not limited to: A. Identification of asbestos-containing products or type of products to which Plaintiff was exposed or facts disputing the identification of these products; B. Plaintiffs damages, injuries and/or facts disputing Plaintiffs damages and/or injuries; C. The negligence of any person or entity, other than Defendant, which Defendant contends was a cause of Plaintiff s injuries and/or damages; and D. Each of Defendant's defenses enumerated in Defendant's last filed answer. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product pnvilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P.' I66b(3)(b); the witness statement exemption, Tex. R. Civ. P. I66b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a* Special Appearance motion pending. INTERROGATORY NO. 11: Please identify documents or things, including x-rays, MCI's, CT-scans or other materials, which will be used at time of trial, (Exhibit List, Deposition List), which are relevant to each of Defendant's enumerated defenses in Defendant's last filed Answer. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to the Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 12: Identify the names and addresses of all individuals Defendant may call as an expert witness(es) at trial, and for each individual, please state: A. The subject matter on which the witness is expected to testify, specific as to each individual Plaintiffs case, the substance of the facts and opinions to which the witness intends to testify on the Defendant's behalf and a summary of the grounds for each opinion, specific as to each individual Plaintiffs case; B. All factual observations, test results, supporting data, learned treatise (books, general articles, texts or other publications) and opinions which the witness has generated, been provided, intends to use, and/or may use to support his/her opinions and conclusions relative to the case whereupon which the witness has or will base his/her testimony in this matter, specific as to each individual Plaintiffs case. The identity, address and job classification of each consulting expert whose opinions or data have been referred to and/or relied upon by the expert witness, and the complete title and author of each learned treatise referred to and/or relied upon by the witness for information and/or corroborating his/her opinions regarding the subject matter of this lawsuit; C. Whether any person identified in subparagraph B above has provided a report or other documentation to you, and if so, identify each such document or report, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group; D. Identify all documents or other materials, including but not limited to x-rays, pathology, CT-scans, you have provided to each person identified in response to subparagraph B above, specific as to each individual Plaintiffs case, separate and distinct from all other Plaintiffs within the group; E. Describe in detail the education and work history of, and identify any books, treatises, articles, published and unpublished reports, studies or other scholarly works authored by any individual identified in response to subparagraph B above. Alternatively, in lieu of said response, attach a copy of a resume or curriculum vitae and a list of publications to your answers. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to the Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 13: Identify ail persons, entities, agencies or others, whether governmental (state or federal) or private, who participated in any investigation of the claims made the basis of this lawsuit. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to the Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 14: Please state whether Defendant or any successor or predecessor was ever a member of the Railroad Claims Registry, and if so, please state the years Defendant was a member; the years of attendance at and involvement in the Railroad Claims Registry Meetings; the name, job classification, address and telephone number of each and every agent and/or representative and/or employee of Defendant attending each and every Railroad Claims Registry Meeting and the year that agent and/or representative and/or employee of Defendant attended the meeting; and the location of the Railroad Claims Registry Meeting for each year attended by Defendant. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 15: Please state whether Defendant or any successor or predecessor ever attended or sent an agent on its behalf to any of the Association of American Railroads and American Railway Association meetings from 1930 to the present, and if so, please state the years of attendance; the location of the meeting; the name, address, job classification and telephone number of each and every agent and/or employee and/or representative of Defendant attending each and every Association of American Railroads and American Railway Association meeting and the exact year of attendance. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. INTERROGATORY NO. 16: Before 1980, did Defendant receive notice that any individual who at any time was employed by the Defendant claimed injury as a result of Sxposure to asbestos? If so, state: A. The name and address of each claimant; B. The date of notice of each claim; C. A description of the claim; D. The type of injuries allegedly sustained by each claimant; E. The name and address of each attorney who represented each individual making a claim; F. The style and court number of each claim; G. The disposition of each claim that has been settled or taken to judgment; H. The name, address and title of the person having custody of the records pertaining to each such claim. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. INTERROGATORY NO. 17: Before 1980, did Defendant receive notice that any individual who at any dme was employed by any Railroad claimed injury as a result of exposure to asbestos? If so, state: A. The name and address of each claimant; B. The date of notice of each claim; C. A description of the ciaim; D. The type of injuries allegedly sustained by each claimant; E. The name and address of each attorney who represented each individual making a claim; F. The style and court number of each claim; G. The disposition of each claim that has been settled or taken to judgment; H. The name, address and title of the person having custody of the records pertaining to each such claim. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. I66b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. INTERROGATORY NO. 18: Has Defendant at any time published, distributed or displayed any primed material, including brochures, pamphlets, catalogs, warning signs or statements, packaging or other written material of any kind or character containing any warning concerning the possibility of injury resulting from the use of asbestos-containing products and/or exposure to airborne asbestos? If so, state: A. The exact wording of each warning statement and a description of the material upon which the warning was printed; B. The method(s) used to distribute the materials to persons likely to use the asbestos-containing products or likely to be exposed to airborne asbestos; C. The date each warning was first issued or distributed; D. The name, address, and job title of each person responsible for having drafted or issued the warning statements and/or written materials; E. The current location of any such printed material and the custodian' thereof; F. The form in which such literature or printed material can be accessed, i.e., the manner in which such literature is indexed or stored. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. INTERROGATORY NO. 19: Did Defendant install, replace, use, repair, assemble, transport or store, either as an original appurtenance of the railroad or placed in/on the railroad in conjunction with repairs or alterations to the railroad, any asbestos-containing products during the time Plaintiff worked for Defendant? If so, identify: A. By name and number each of Defendant's railroad(s), whether operating or in railyards, upon which the asbestos-containing product(s) were installed, repaired, used, stored or transported during the time Plaintiff worked for Defendant; B. The particular type of asbestos-containing product(s); C. The trade or brand name of each of the asbestos-containing products; D. The years during which each named asbestos product was applied, stored, used, repaired, installed or transported either as an original appurtenance of the railroad or placed on/in the railroad in conjunction with repairs or alterations to the railroad(s); E. The dates of any removal or abatement of such asbestos-containing products, from Defendant's railroad(s). ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expen privilege, Tex. R. Civ. P. I66b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Defendant further objects to this interrogatory as requiring more than 30 answers, in violation of Tex. R. Civ. P. 168. INTERROGATORY NO. 20: Did any endties or persons at Defendant's direcdon, whether direct or indirect, including but not limited to contractors and subcontractors install, replace, use, repair, assemble, transport or store, either as an original appurtenance of the railroad or placed in/on the railroad in conjuncuon with repairs or alterations to the railroad, any asbestos- containing products during the dme Plaintiff worked for Defendant? If so, identify: A. By name and number each of Defendant's railroad(s), whether operating or in railyards, upon which the asbestos-containing product(s) were installed, repaired, used, stored or transported during the dme Plainuff worked for Defendant; B. The particular type of asbestos-containing product(s); C. The trade or brand name of each of the asbestos-containing products; D. The years during which each named asbestos product was applied, stored, used, repaired, installed or transported either as an original appurtenance of the railroad or placed on/in the railroad in conjunction with repairs or alterations to the railroad(s); E. The dates of any removal or abatement of such asbestos-containing products, from Defendant's railroad(s). ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of ddmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Defendant further objects to this interrogatory as requiring more than 30 answers, in violation of Tex. R. Civ. P. 168. INTERROGATORY NO. 21: If the answer to any portion of the preceding interrogatory is in the affirmative and/or if any asbestos-containing products are identified in response to such interrogatory, state the following as to each identified product: A. The name(s) of the railroad workers repairing, replacing or using each asbestoscontaining product on Defendant's railroad(s) during Plaintiffs period of employment by Defendant; B. A description of the physical appearance of each of the named asbestos-containing products; C. A detailed description of the uses of the named asbestos-containing products; D. A detailed description of the areas on Defendant's railroad where such asbestos- containing products were installed, replaced or used. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Defendant further objects to this interrogatory as requiring more than 30 answers, in violation of Tex. R. Civ. P. 168. INTERROGATORY NO. 22: Has Defendant or any other entity at the direction of Defendant, contracted with another entity for the acquisition, ordering, purchasing, supplying or distributing of asbestos-containing products, at any time prior to or during the time Plaintiff was employed by Defendant? If so, identify: A. Each of Defendant's railroad components by name and number for which the asbestos-containing products were ordered, purchased, supplied or distributed during the time Plaintiff was employed by Defendant; B. The particular type of asbestos-containing products acquired; C. The trade or brand name of each of those asbestos-containing products ordered, purchased, supplied or distributed; D. The years such asbestos-containing products were acquired, ordered, purchased, supplied or distributed by Defendant; E. The dates of any removal or abatement of asbestos-containing products. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expert privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Defendant further objects to this interrogatory as requiring more than 30 answers, in violation of Tex. R. Civ. P. 168. INTERROGATORY NO. 23: If your answer to any portion of the preceding interrogatory is in the affirmative, or if any asbestos-containing products are identified in response to that interrogatory, state the following as to each product: A. The name(s) of the company(ies), entity(ies), manufacturer(s) from which the asbestos-containing products were acquired, ordered, purchased, supplied or distributed; B. The date(s) each asbestos-containing product was ordered, purchased, supplied or distributed; C. A description of the physical appearance of each of the named asbestos-containing products; D. A detailed description of the uses of the named asbestos-containing products; E. Identify the last year that Defendant ordered, purchased, supplied or distributed each identified asbestos-containing product. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); consulting expen privilege, Tex. R. Civ. P. 166b(3)(b); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Defendant further objects to this interrogatory as requiring more than 30 answers, in violation of Tex. R. Civ. P. 168. INTERROGATORY NO. 24: State whether Defendant maintained from 1950 through the present copies of invoices, shipping receipts, bills of lading, purchase orders, or other documents of a similar nature relating to the purchase or acquisition of asbestos-containing products. If so, state: A. the location of such documents; B. The name and address of the custodian of the documents; C. The format in which the documents are kept, i.e., hard copy, microfilm, microfiche, etc; D. In what form the documents can be accessed. ANSWER: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this interrogatory for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this interrogatory for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Defendant further objects to this interrogatory as requiring more than 30 answers, in violation of Tex. R. Civ. P. 168. INTERROGATORY NO. 25: Identify all persons, including name, address and telephone number, who provided and/or conducted or were responsible for conducting any type of safety training, during the time Plaintiff was employed by Defendant. ANSWER: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this interrogatory for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this interrogatory for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending.