Document RJaBXmX7KveKRrrqJb0myQwj7
FILE NAME Kaiser Gypsum KG
DATE 1998
DOC KG109
DOCUMENT DESCRIPTION Legal - KG Co.'s Responses to Plaintiff's First Set of Interrogatories and Request for Production of Documents
7
3 2 Officces & Disenti
4
5
6
7
8
IN THE SUPERIOR COURT OF WASHINGTON
9
FOR KING COUNTY
SYLVIN W. PICKNER and EVELYN I.
PICKNER a married couple
)
Plaintiffs a
er V.
Ne
OWENS CORNING et al NSeee
Defendant Nee Nae
No 98-2-09390-1 SEA
KAISER GYPSUM COMPANY INC.'S ,
RESPONSES TO PLAINTIFFS FIRST SET
OF
INTERROGATORIES
AND
REQUEST
|
|
FOR PRODUCTION OF DOCUMENTS
PROPOUNDING PARTY RESPONDING PARTY
SYLVIN W. PICKNER and EVELYN I. PICKNER
KAISER GYPSUM COMPANY INC
PRELIMINARY STATEMENT
No single person associated with Kaiser
Gypsum has the knowledge necessary to supply every
answer to these interrogatories and request for production and a number of individuals who might have had personal knowledge of the matters addressed by these interrogatories are either deceased or no
longer employees of Kaiser Gypsum
KAISER
TO
GYPSUM
COMPANY
INC.'S
RESPONSES
PLAINTIFFS FIRST SET OF
-
ORIGINAL ORIGINAL ORIGINAL INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 1
Williams Kastner & Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3076
Further Kaiser Gypsum objects to these interrogatories on the grounds that they are vague
2 ambiguous overbroad as to time scope products and location not in issue and seek information not
3 relevant to the issues in this lawsuit
4
Without waiving said objections and in the interest of full disclosure Kaiser Gypsum responds
5 solely with regard to its Seattle facility and with regard to products identified by plaintiff
6
Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject
7 matter of these interrogatories and reserves its right to supplement these interrogatory responses as may
8 be necessary if and when such further information becomes available
ns INTERROGATORY NO 1
corporation State your full legal name date of incorporation principle place of business and whether you
are a private or public
RESPONSE
7
Kaiser Gypsum Company Inc. was incorporated on December 1 1952 in the State of
Washington Its principal place of business is Pleasanton California and it is a privately held corporation
INTERROGATORY NO 2
For each year between 1950 and 1978 identify your officers and directors
RESPONSE
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague burdensome ambiguous and overbroad as it contains years when Kaiser Gypsum was not doing business and thus it is not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections Kaiser Gypsum responds see Exhibit A attached hereto
INTERROGATORY NO 3
any Please relate your corporate history from 1948 to the present including but not limited to
mergers acquisitions name changes or incorporations or secession of business operations
RESPONSE
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2
Williams Kastner & Gibbs PLLC
-
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and
2 overbroad as it contains years when Kaiser Gypsum was not doing business and thus it is not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections ! 4 Kaiser Gypsum responds
5
Kaiser Gypsum was organized and incorporated in 1952. On June 19 1952 Permanente Cement
6 Company later known as Kaiser Cement Corporation formed a wholly owned subsidiary named Kaiser
7 Gypsum Company On December 1 1952 Kaiser Gypsum Company was merged with Pacific Coast
8 Cement Company a Washington corporation and another subsidiary of Permanente Cement Company
9
10 ee 11
At the time of the merger Pacific Coast Cement Company had no assets or operations The name of
the combined company was then changed to Kaiser Gypsum Company Inc. In 1978 Kaiser Gypsum
Company Inc. ceased all business operations
12 INTERROGATORY NO 4
Have you at any time engaged in the sale of a product which contained asbestos fibers If so please identify
a the names of your entities selling each of those products
15 b the trade or brand name of each asbestos containing product sold by you
c the dates each product was manufactured or sold
1 d a description of each product including the type and percentage of asbestos contained in said product
16 e how each product was packaged and
1818 f your gross sales of each asbestos containing product between 1950 and 1978
RESPONSE
19
20
221 1
222 2
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and
overbroad as it seeks information about types of products and places not at issue in this litigation and years when Kaiser Gypsum was not in business Thus this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence As to subsection f Kaiser Gypsum objects to this on
the grounds that it is unduly burdensome harassing and not reasonably calculated to lead to the
221
25
KAISER GYPSUM COMPANY INC.'S RESPONSES
:
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 3
Williams Kastner & Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
discovery of admissible evidence Further Kaiser Gypsum responds that it does not possess complete
2 information for its Seattle facility for said years
3
Without waiving said objections Kaiser Gypsum responds that the following products which
4 contained asbestos fibers for various periods of time were manufactured at its Seattle facility
S
1
Joint Compound Powder
6
This product was manufactured at Seattle from 1969 to 1975 and contained 7.5 to 10
7 chrysotile asbestos This white powder was packaged and soldin sacks of 10 and 25 pounds
8
2
Finishing Compound Powder
Mo:
This product was manufactured at Seattle from 1969 to 1975 and contained3.5 to 11
chrysotile asbestos It was white to white powder and packaged in sacks of 25 pounds
3
Day Joint Compound Powder
This product was manufactured at Seattle from 1970 to 1975 and contained chrysotile asbestos It was a white to white powder and packaged in sacks of 25 pounds
% '
4
Three Purpose Compound Powder
This product was manufactured at Seattle from 1969 to 1975 and contained % to 11
.
chrysotile asbestos This was a white to white powder and packaged in sacks of 25 pounds
5
Purpose Mix Compound
This product was manufactureadt Seattle from 1969 to 1975 and contained 2.5 to %
chrysotile asbestos This was a white to white or light buff colored paste and packaged in bucket
or cartons of 4 to 5 gallons
6
Mix Topping Compound
This product was manufactured at Seattle 1971 to 1975 and contained % chrysotil
.
asbestos This was a white to white colored paste packaged and soldin buckets of 4 or5 gallons
|
|
and cartons of 4 gallons
INTERROGATORY NO 5
KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS- 4
Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926
Seattle Washington 98111-3926
mne
ese er ALT
Identitfhye date if any on which you ceased the sale of containing products
2
RESPONSE
3
By 1975 Kaiser Gypsum's Seattle plant ceased to manufacture products containing asbestos
4 INTERROGATORY NO 6
5
_ For each product identified in response to Interrogatory No. 4 identify all warnings you
6 employed to protect the purchasers said products from asbestos harm including in your answer |
7 the text of said warning and the date on which it commenced
8
eae
9 10 11 12
.
13
14
Beginning Beginning in 1972 Kaiser Gypsum affixed caution labels to the packages and containers of its : -
containing products The warning label as prescribed by OSHA read
CAUTION contains asbestos fibers avoid creating dust asbestos dust may cause serious bodily harm
breathing
15
16 INTERROGATORY NO 7
17
State the date on which you learned that asbestos poses a hazard to human health
18
RESPONSE
19
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous
20 overbroad and assumes that any type of asbestos in any condition or in any amount poses a hazard
21 to human health
23 24
25
Without waiving said objections Kaiser Gypsum responds that it became aware generally sometime in the 1970s that users of some containing building products could be at risk of inhaling quantities of respirable asbestos fibers sufficient to pose a potential hazard to their health ..
INTERROGATORY NO 8
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS -5 -5
Williams Kastner & Gibbs PLLC
- Two Union Square Suite 4100
4
Mail Address P.O. Bex 21926
Seattle Washington 98111-3926
products Identify all measures you employed to protect the users of
|
your containing
2 from any asbestos harm :
3
RESPONSE
that 4
Kaiser Gypsum objects to this interrogatory on the grounds that it is
5
vague ambiguous
overbroad and not sufficiently limited in time or
|
scope Without waiving said objections Kaiser
6 Gypsum responds that it placed warning labels on its :
7 such products posed potential health hazards
containing products upon learning
|
to end users
|
INTERROGATORY NO 9
|
.
Identify all measures you employed to protect your employees from any asbestos harm
10
RESPONSE
|
| 11 Kaiser Gypsum objects to this interrogatory on the grounds that it is
12 and overbroad Further Kaiser Gypsum is informed and
vague ambiguous
|
believes that plaintiff was neither empl a
13 by Kaiser Gypsum nor present at any of its plants at
time
| any
Thus events occurring at any Kaiser
14 Gypsum plant have no relevance to the
conditions allegedly experienced by plaintiff Therefore this
1 15 interrogatory is not reasonably calculated to lead to the
discovery of admissible evidence
16 INTERROGATORY NO 10
17
Identify all trade publications to which
you subscribed between 1950 and 1978
18
RESPONSE
19
Kaiser Gypsum objects to this interrogatory on the grounds that it is '
vague ambiguous
20 overbroad and unintelligible as to the word trade
publications Furthermore this interrogatory -
21 contemplates years when Kaiser Gypsum was not in business
|
interrogatory Thus this
is not reasonably
22 calculated to lead to the discovery of admissible evidence Without waiving said objections Kaiser
23 Gypsum responds that it is informed and believes it
| was a member of the Gypsum Association from
approximately 1952 to approximately 1978 and believes it may have received its publications
2525 INTERROGATORY NO 11
|
|
KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS- 6
| Williams Kastner & Gibbs PLLC
Two Union Square Suite 4100
,
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1
Do you maintain a computerized listing of the sales of your containing products If so
describe the information stored on said computer including whether said sales are broken down by
2 geographic area the type of computer program and the manner in which specific sales information can
be retrieved
3
RESPONSE 4
5 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous
6 overbroad in time place and scope Furthermore this interrogatory calls for information which seeks
to invade the purview of the attorney privilege and doctrine of attorney product
7
INTERROGATORY NO 12
8
For each asbestos product identified in response to Interrogatory 4 state the gross sales
9 of said product in the State of Oregon between 1965 and 1980
ee
10
10 10
RESPONSE
1111
Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome
1212 harassing vague ambiguous overbroad and unintelligible as written Additionally this interrogatory
1313 seeks information regarding time periods when Kaiser Gypsum was either not in business was not
1414 selling to the State of Oregon and was not manufacturing containing products Thus this
1515 interrogatory is not reasonably calculated to lead to the discovery of admissible evidence Further
1616 Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years
17 17 INTERROGATORY NO 13
1818
For each asbestos product identified in response to Interrogatory No. 4 identify the entity from
whom you purchased the asbestos for use in said product
1919
RESPONSE 2020
Kaiser Gypsum is informed and believes that the following at one time or another were its
2121
suppliers of chrysotile asbestos
2222
1
John K. Bice
2323
2
Harrison & Crosfield
2424
3.
Carmonia Chemical Company
25 25
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 7
Williams Kastner & Gibbs PLLC Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1
4 Philip Carey Corporation Carey Canadian Asbestos
52
5
Western Chemical Company
3
Manville
4
Union Carbide
5
8 E.S. Browning
6
9
Loomis Chemical Company
7
10
Benson Chemical
00
11.
Paul W. Wood Manville
9
10 INTERROGATORY NO 14
n1e0
Identify the legal relationship between Kaiser Gypsum Corporation and Kaiser Cement
12 Corporation
12
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous .
overbroad and unintelligible as written as there was no such entity as Gypsum Corporation
:
Furthermore this interrogatory is vague and ambiguous as to legal relationship and calls for legal
116 6 opinion beyond the scope of responding defendant's knowledge Without waiving said objections and |
17
as
Kaiser
Gypsum
understands
this
question
Kaiser
Gypsum
responds
it
was
a
:
wholly
1818
subsidiary of Kaiser Cement Corporation
19
222222
INTERROGATORY NO 15
For each year between 1955 and 1975 identify the plant manager of your Seattle plant and
.
.
NNN her four principal subordinates
NNN
RESPONSE
25
KAISER GYPSUM COMPANY INC.'S RESPONSES .
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
| PRODUCTION OF DOCUMENTS- 8
Williams & Kastner Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
MAZ 730 rinn rinn
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and
_
2 overbroad Without waiving said objections Kaiser Gypsum responds that as of November 1 1970
3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich At this juncture Kaiser Gypsum i 4 unable to discern who the plant manager's four principal subordinates would have been Thus
5 discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response
6 should further information be discovered
7 INTERROGATORY NO 16
plant 8
For each year between 1955 and 1975 identify the
and her four primary subordinates 9
manager of each of your Oregon plant
RESPONSE
10 10
the Kaiser Gypsum objects to this interrogatory on
grounds that it is vague ambiguous
1111
overbroad as to time place and scope Further this interrogatory is not reasonably calculated to lead
1212
plant to the discovery of admissible evidence as Kaiser Gypsum's Oregon
1313
never made the types of
containing products at issue in this case Without waiving said objections Kaiser Gypsum
14 14
responds that as of November 1 1970 the manager of Kaiser Gypsum Oregon plant was J. Cassidy
1515
At this juncture Kaiser Gypsum is unable to discern who the plant manager's four principa
1616
subordinates would have been Thus discovery is ongoing into this matter and Kaiser Gypsun
1717
reserves its right to supplement this response should further information be discovered
1818
INTERROGATORY NO 17 1919
Identify all contracts and branding agreements between you and Corning Fibergla 2020 includingin your answer the date said contractwas entered into the terms of said contract and the date
that said contract was in effect 2121
RESPONSE 2222
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous
2323
Gypsum and overbroad as to time place and scope Without waiving said objections Kaiser
2424
respond
2525
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 9
Williams & Kastner Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
| that it never had a contract and rebranding agreement with OwensCorning Fiberglas as to the
2 types of products at issue in this litigation
3 INTERROGATORY NO 18
|
- 4
For each of the following individuals namedin Documents PLTF 001 PLTF 1384
state
-
please a the individual's full name
deceased 5
b whether they are alive or
telephone c their current address and
6 current address their last known address
number or if you do not know these individuals
what d
position they heldin your company
7
e whether they are currently employed by you
8
R.L.Allgood R.L.Allgood
L. Beck
L.M. Bryan
C.E.J.W. Blewett C.E. Caprye R.C. Crowle
G.J. G.J. Chavalas D.R. Canham
J.D. J.D. Cassidy J.D. Chambers
P.D. P.D. Crelman
|
H.C. H.C. Dupuis
David G.C. G.C.
Dicks | N.D.
N.D.
L.R. Flicker
H.C.Franklin P.J. . P.T.
P.J. Framlom | J.W. Glweitt
R.W. R.W.
R.W. Grigg
C.R. Grimme
J.M. Garoutte
|
R.W D.H. Homan
D.H.J.P. Hughes
P.A. Hawkins
W.D. Hopper
R.J. Hoffman
W.D.R.L. Jones
JamesJames B. Kirk
W.D.R.L.R.L. Murh
J.F. Modaff
Richard Madden
William McKinnon
B.J. Murphy
P.D. Orleman
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 10
. Williams Kastner & Gibbs PLLC Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1
2
3
FF
5
Mike Slavich
F.H. Schaper
6
T.V. Smith
E.M. Schaper
7
E.W. Schaper
S. Steffens
8
J. Schlenner
J.H. Scheahan
9
A.J. Trommershausan
W.L. Traub
10 10
S.R. Witt
R.J. Wibor
11 11
H.L. Weightman
J.I. Walker
1212
J.H. Walton
V. Whitecage
1313
RESPONSE 1414
ambiguous Kaiser Gypsum objects to this interrogatory on the grounds that it is vague
1515
overbroad burdensome oppressive and violative of said employees rights to privacy Given the fact
16 16
that Kaiser Gypsum has not manufactured a product since 1978 there is no one currently employed who
1717
is able to identify the full names of said individuals their names and addresses any positions which
18 18
they may have held or whether they are living or dead Additionally Kaiser Gypsum objects to this
1919
interrogatory on the grounds that it is not reasonably calculated to lead to the discovery of admissible
2020
evidence See response to Interrogatory No. 19
2121
2222
INTERROGATORY NO 19
2323
For each individual identified in Interrogatory 18 state whether that person has ever been 2424 deposed in asbestos litigation and identify the case jurisdiction cause number and the attorneys
who represented the defendant and plaintiff at said deposition
2525
KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF
;
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 11
Williams Kastner & Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1
RESPONSE
2
Kaiser Gypsum incorporates its response to Interrogatory No. 18 as though fully set forth herein |
3 Without waiving said objections Kaiser Gypsum responds that W.L. McKinnon former research
4 engineer was deposed on August 2 1984 in the following case Robert Butts v Kaiser Gypsum
C. S Company Inc. et al Contra Costa Superior Court No. 251401 Harlan Dupuis former manager [-
6
of research and development was deposed on April 16 1985 in the following case
|
Kathryn Maksim
7 v USG et al San Francisco County Superior Court Case No. 768674 Thomas V. Smith former
|
8 technical advisor for accessory products was deposed on March 11 1992 in the following case
9 Michael Richie et al v Raybestos Manhattan et al San Francisco Superior Court No. 933324 ;
1010 Richard C. Crowle former merchandising manager was deposed on July 26 1995 in the following |
|
11 case Central Weslyn College v W.R. Grace et al U.S. District Court District of South Carolina
1212
:
Charleston Division Civil Action No. 87-1860-8 The attorneys who represented the various pa ; |
13 at those depositions are identified in the transcripts
14 INTERROGATORY NO 20
1515 Your attention is directed to documents PLTF 0001 to PLTF 1384 that were served upon your
16 counsel by the undersigned in the Winter of 1998. If you contend that any of the foregoing documents ; is not genuine set forth the factual and legal basis for your contention
1717
RESPONSE
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous
overbroad and unduly burdensome Without waiving said objections Kaiser Gypsum responds that :
as to those documents authored by or directed to Kaiser Gypsum Kaiser Gypsum does not contest their
genuineness However Kaiser Gypsum is unable to attest to the genuineness of any document not authored or directed to Kaiser Gypsum including but not limited to the following documents PLTF
0001 through PLTF 0003 PLTF 0366 to PLTF 0372. Additionally Kaiser Gypsum cannot attest to |
the genuineness of any document referring to Permanente Cement Kaiser Cement and Gypsum
Company or Kaiser Cement Corporation
:|
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS PLAINTIFS PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 12
.
Williams Kastner & Gibbs PLLC
4100 | Two Union Square Suite
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1 INTERROGATORY NO 21
2
Identify every person who supplied information to answer these Interrogatories including in your
3 answer the specific interrogatory for which each person supplied information
4
RESPONSE
5
As previous stated above Kaiser Gypsum ceased all marketing activities in 1978 thunso one
6 person associated with Kaiser Gypsum provided information for a specific interrogatory herein The
7 information provided in response to the interrogatories comes from a collection of information gathered
8 throughout the years from various different sources
9
10
11
REQUEST FOR PRODUCTION
112 2 1
13
Produce all documents in your possession that were generated before 1978 and refer or relate to any human health hazard associated with asbestos including but not limited to memoranda letters journal articles or notes
114 4
RESPONSE
1515
116 6
Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad and
117 7 not limited in time scope or location Furthermore this request is burdensome and oppressive and
118 8 assumes that Kaiser Gypsum possesses such documents Without waiving objections Kaiser Gypsum
refers plaintiff to documents PLTF 0001 to PLTF 1384 which were served upon responding defendant's
19
counsel in the Winter of 1998
2
Produce minutes of all meetings of your Board of Directors held between 1950 and 1980 that
refer or relate to your containing products
RESPONSE
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS - 13
Williams Kastner & Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 08111.3076
Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad and
not reasonably limited in time scope or location Furthermore this request is violative of Kaiser
Gypsum's right to privacy as a privately held corporation and seeks information which is proprietary
in nature Additionally this request is vague and ambiguous as to refer or relate to Without
minutes waiving objections Kaiser Gypsum responds as it understands the request that none of the ;
of its Board of Directors meetings refer or relate to its containing products
83
Produce for inspection and copying original copies of all documents used to promote the sale
of any product identified in response to Interrogatory 4 including but not limited to catalogues
magazine advertisements product lists photographs technical specifications and flyers
RESPONSE
Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbra
unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus
seeks information which is not reasonably calculated to lead to the discovery of admissible evidence
Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384
:
which were erved upon responding defendant's counsel in the Winter of 1998
provided any 4
Produce all manuals specifications and instructions that you
to the customers of
containing products sold by you between 1965 and 1978
RESPONSE
Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad
unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus
seeks information which is not reasonably calculated to lead to the discovery of admissible evidence
Moreover plaintiff has testified that he did not pay attention to or read any literature regarding any
products used by other trades Thus this interrogatory is not reasonably calculated to lead he
KAISER GYPSUM COMPANY INC.'S RESPONSES
TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
.
PRODUCTION OF DOCUMENTS - 14
Williams & Kastner Gibbs PLLC
Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
discovery of admissible evidence Without waiving objections Kaiser Gypsum refers plaintiffs to 2 documents PLTF 0001 to PLTF 1384 which were served upon responding defendant's counsel in the
3 Winter of 1998
4
55 6 7
Produce all documents that refer or relate to your decision to stop manufacturing asbestos- containing products including but not limited to board minutes technical and safety advisories and unprivileged legal opinions
RESPONSE
8
Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad
9 unduly burdensome and harassing Furthermore this request is not limited in ume or scope and thus
10 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence
11 Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384
12 which were served upon responding defendant's counsel in the Winter of 1998
13
14 6 15
Produce for inspection and copying original photographs of all products identified in response to Interrogatory 4 in their packaged form
16
17
18
RESPONSE
19
Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad
20 unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus
21 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence
222
Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384
222 which were served upon responding defendant's counsel in the Winter of 1998
24
KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS- 15
Williams Kastner & Gibbs PLLC Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
1 7.
2
Produce deposition or trial transcripts of any individual identified in Interrogatory Interrogatory 18 in any asbestos litigation
3
RESPONSE
4
Kaiser Gypsum would be willing to produce any deposition or trial transcripts of any individuals
5 identified in its response to Interrogatory 18 at a mutually convenient location at the expense of
6 propounding party
7
8
INTERROGATORIES AND REQUESTS FOR PRODUCTION SUBMITTED this 14th day of
9 May 1998
|
10
WEINSTEIN & BERGMAN
11
12
Matthew P. Bergman WSBA 20894
M
1313
14
14
15
1616 1717 1818
1919
KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF
INTERROGATORIES AND REQUEST FOR
PRODUCTION OF DOCUMENTS- 16
Williams Kastner & Gibbs PLLC Two Union Square Suite 4100
Mail Address P.O. Box 21926
Seattle Washington 98111-3926
KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT KAISER GYPSUM COMPANY INC
VERIFICATION
I am an authorized representative of Kaiser Gypsum Company Inc. and am authorized to make this affidavit on its behalf I have read the foregoing responses to interrogatories and requests for
production and believe the responses to be correct
jerag
By jerag jerag jerag
jerag
jerag
24
SUBSCRIBED AND SWORN TO before me on the 24
August
August
day August
Marie
Stiane
Stiane Hayes
Co jonnia
Notary Public in and for the
residing at Contra
jonnia State of Co Co Countex jonnia
My commission expires May 29 2002
1998
ra
% DIANE MARIE HAYES
COMM # 1185147
>
NOTARY PUBLICCALIFORNIA (
CONTRA COSTA COUNTY Q
COMM EXP MAY 29 2002 +
aa as
~
23 24 24 25 25
Sylvin W. Pickner and Evelyn I. Pickner v Owens Corning et al King County Washington Case No. 98-2-09390-1 SEA
EXHIBIT A
+
Gypsum As of October 1953 the following were directors of Kaiser
Company Inc
HenryHenryHenryHenry J. Kaiser S. Corey
H. Heller V. McEachern
E. Trefethen Jr.
Shea Shea
CoreyW. Morrison MarksMarks
W.A. Marsh
C. R. Olsen Paul S. Marrin
C. E. Harper Paul E. Rogers Bryce Simpson
Chad F. Calhoun
As of September 1954 the following were directors of Kaiser Gypsum
Company Inc
HenryHenry J. Kaiser
E.E. E. Trefethen Jr.
H.H. W. Morrison G.G. J. Shea
D. V. McEachern
E. H. Heller A. Christensen W. Marks Alan Christensen W. A. Marsh Coral R. Olsen Peter S. Hass
C. E. Harper Paul E. Rogers Bryce Simpson
Chad F. Calhoun Paul Marrin
S2-585585.1 S2-585585.1
As of October 1955 the following were directors of Kaiser Gypsum
Company Inc
oo
A. Christensen G. J. Shea E. H. Heller D. V. McEachern
E. E. Trefethen Jr. Henry J. Kaiser
W. Marks
Claude E. Harper
W. A. Marsh
Paul Rogers Bryce Simpson
Chad F. Calhoun Paul S. Marrin
As of November 1956 the following were directors of Kaiser Gypsum Company Inc
E. H. Heller
Edgar F. Kaiser Henry J. Kaiser
W. A. Marsh D. V. McEachern G. J. Shea
E. E. Trefethen Jr.
W. Marks A. D. Christensen H. W. Morrison
Claude E. Harper
W. A. Marsh Carl Olsen V. Cole
Paul Rogers Bryce Simpson
Paul S. Marrin Chad F. Calhoun
S2-585585.1
As of October 1957 the following were directors of Kaiser Gypsum
Company Inc
E. H. Heller
Henry J. Kaiser Edgar F. Kaiser
W. A. Marsh D. V. McEachern H. W. Morrison
G. J. Shea E. E. Trefethen Jr.
William Marks
Claude E. Harper
V. Cole R. Costa
Carl R. Olsen W. A. Marsh
Edgar F. Kaiser Paul E. Rogers
Paul S. Marrin Chad F. Calhoun
Bryce Simpson
As of August 1958 the following were directors of Kaiser Gypsum
Company Inc
E. E. Trefethen Jr.
A. Christensen
Henry J. Kaiser Edgar F. Kaiser
William Marks Carl R. Olsen W. A. Marsh
Edgar F. Kaiser Paul E. Rogers
Paul S. Marrin Chad F. Calhoun
Claude E. Harper
S2-585585.1
Bryce Simpson
R. A. Costa
As of December 1959 the following were directors of Kaiser Gypsum
Company Inc
A. Christensen E. H. Heller W. A. Marsh H. W. Morrison G. J. Shea
E. E. Trefethen Jr. Henry J. Kaiser Edgar F. Kaiser
D. V. McEachern William Marks W. A. Marsh William Marks Chad F. Calhoun Robert Costa
Claude E. Harper
Paul S. Marrin - Carl Olsen
Paul Rogers Bryce Simpson
As of December 1960 the following were directors of Kaiser Gypsum
Company Inc
A. Christensen E. H. Heller
Henry J. Kaiser Edgar F. Kaiser
William Marks W. Marsh H. W. Morrison G. J. Shea
E. E. Trefethen Jr.
Chad F. Calhoun Robert Costa
Claude Harper
Paul S. Marrin Carl Olsen
S2-585585.1
Paul Rogers Bryce Simpson
As of November 1961 the following were directors of Kaiser Gypsum
Company Inc
A. Christensen William Marks W. Marsh H. W. Morrison G. J. Shea
E. E. Trefethen Jr.
E. H. Heller
Henry K. Kaiser Edgar F. Kaiser
W. A. Marsh John Bosche Chad F. Calhoun R. A. Costa
J. J. Hague Claude E. Harper
Paul S. Marrin Carl Olsen
E. F. Schaper Bryce Simpson
As of December 1962 the following were directors of Kaiser Gypsum Company Inc
A. Christensen Peter S. Hass
Edgar F. Kaiser
William Marks Wallace Marsh H. W. Morrison
E. E. Trefethen Jr. Henry J. Kaiser
G. J. Shea W. A. Marsh William Marks John Bosche
Chad F. Calhoun
R. A. Costa
S2-585585.1
J. J. Hague Claude E. Harper
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1963 the following were directors of Kaiser Gypsum
Company Inc
A. Christensen Peter S. Hass
Henry J. Kaiser
William Marks
W. Marsh _
H. W. Morrison G. J. Shea
E. E. Trefethen Jr. Edgar F. Kaiser
W. A. Marsh William Marks John Bosche
K. A. Conningham
R. A. Costa
J. J. Hague Claude E. Harper
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1964 the following were directors of Kaiser Gypsum
Company Inc
A. Christensen
Claude E. Harper
. Peter S. Hass William Marks Paul S. Marrin Gilbert Shea
E. E. Trefethen Jr.
H. W. Morrison
Edgar F. Kaiser Henry J. Kaiser
S2-585585.1
D. A. Rhoades J. A. Bosche
K. A. Conningham
R. A. Costa
J. Hague
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1965 the followingfolowing were directors of Kaiser Gypsum Company Inc
A. Christensen Peter S. Hass
Claude E. Harper Edgar F. Kaiser Henry J. Kaiser
William Marks Paul S. Marrin
Lloyd L. Mazzera
D. A. Rhoades Gilbert Shea
E. E. Trefethen Jr. Henry J. Kaiser
H. W. Morrison William Marks John Bosche
K. A. Conningham
R. A. Costa
J. J. Hague
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1966 the following were directors of Kaiser Gypsum
Company Inc
J. B. Bonny
A. Christensen
Claude E. Harper
Peter S. Hass
Edgar F. Kaiser Henry J. Kaiser
S2-585585.S2-5185 85.1
William Marks Paul S. Marrin
Lloyd L. Mazzera
D. A. Rhoades G. J. Shea
E. E. Trefethen Jr.
William Marks John Bosche
K. A. Conningham
R. A. Costa
J. J. Hague
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1967 the following were directors of Kaiser Gypsum Company Inc
J. B. Bonny
A. Christensen
Claude E. Harper
Peter S. Hass William Marks Paul S. Marrin
Lloyd L. Mazzera
D. A. Rhoades G. J. Shea
E. E. Trefethen Jr. Edgar F. Kaiser
William Marks John H. Bosche
K. A. Conningham
R. A. Costa
J. J. Hague
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1968 the following were directors of Kaiser Gypsum Company Inc
A. D. Christensen
Claude Harper
2-585585.1
Peter Hass
Lloyd Mazzera
D. A. Rhoades
J. B. Bonny
G. J. Shea John F. Shea
E. E. Trefethen Jr.
John Bosche
K. A. Conningham
R. A. Costa
J. Hague
Carl Olsen
E. H. Schaper Bryce Simpson
As of December 1969 the following were directors of Kaiser Gypsum
Company Inc
J. B. Bonny Claude Harper
Peter Hass William Marks
Lloyd Mazzera
D. A. Rhoades
E. E. Trefethen Jr.
'
A. D. Christensen
Edgar F. Kaiser
Gilbert Shea John Shea John Bosche
K. A. Conningham
R. A. Costa R. A. Crowle Paul J. Franklin
J. J. Hague E. H. Schaper Bryce Simpson
As of December 1970 the following were directors of Kaiser Gypsum
Company Inc
Edgar F. Kaiser E. E. Trefethen Jr.
S2-585585.1
Peter Hass John Bosche
K. A. Conningham
Robert Costa R. C. Crowle P. J. Franklin
J. J. Hague E. H. Schaper Bryce Simpson
R. G. Hohnsben
J. B. Bonny
A. D. Christensen
Claude Harper
Peter Hass
Edgar F. Kaiser
William Marks
Lloyd Mazzera
D. A. Rhoades John Shea
E. E. Trefethen Jr.
As of December 1971 the following were directors of Kaiser Gypsum
Company Inc
.
J. B. Bonny
Alan Christensen
Claude Harper
Peter Hass
Edgar Kaiser
William Marks D. A. Rhoades John Shea
E. E. Trefethen Jr.
John Bosche
K. A. Conningham
Robert Costa Richard Crowle C. W. Eshelman P. J. Franklin
J. J. Hague T. P. Heffelfinger
R. G. Hohnsben James K. Parker
02-585585.1
-10-
James C. Reilly E. H. Schaper Bryce Simpson
As of December 1972 the following were officers directors of Kaiser Gypsum Company Inc
Garfield O. Anderson
J. B. Bonny
Alan Christensen Peter Hass
Claude Harper _ Edgar Kaiser
William Marks
Walter E. Ousterman Jr. James Reilly
D. A. Rhoades John Shea Alfred Yee
E. E. Trefethen Jr.
John Bosche
K. A. Conningham
_ Robert Costa Richard Crowle C. W. Eshelman Paul Franklin
J. J. Hague T. P. Heffelfinger
R. G. Hohnsben James Parker
E. H. Schaper .
As of December 1973 the following were directors of Kaiser Gypsum Company Inc
Garfield Anderson Alan Christensen
Claude Harper
Peter Hass
Edgar Kaiser
Walter Ousterman
James Reilly
John Shea
S2-585585.1
-11-
E. E. Trefethen Jr.
William M. Witter Alfred A. Yee John Bosche
A. B. Brown Jr. K. A. Conningham
Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin
J. J. Hague T. P. Heffelfinger
R. G. Hohnsben James Parker
E. H. Schaper
As of December 1974 the following were directors of Kaiser Gypsum Company Inc
Garfield Anderson
G. J. Chavalas
Alan Christensen
~~
Robert Costa
Peter Hass
Walter Ousterman
James Reilly
William R. Roesch John Shea .
E. E. Trefethen Jr.
William Witter
Edgar Kaiser
Alfred Yee John Bosche A. B. Brown
D. R. Canham Robert Costa R. C. Crowle P. J. Franklin
J. J. Hague T. P. Heffelfinger
R. G. Hohnsben
James K. Parker
E. H. Schaper
S2-585585.1
-12-
As of December 1975 the following were directors of Kaiser Gypsum Company Inc
Edgar Kaiser E. E. Trefethen Jr.
Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman
James Reilly
William R. Roche John Shea William M. Witter Alfred Yee
A. B. Brown Jr. T. P. Heffelfinger
D. W. Henning
R. G. Hohnsben D. B. Hunn J. G. Nelson
W. E. Ousterman.
J. K. Parker
J. C. Reilly
Genevive Robbins P. T. Smith
J.
As of December 1976 the following were directors of Kaiser Gypsum Company Inc
Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman
James Reilly
William Roche John Shea
E. E. Trefethen Jr.
William Witter Alfred Yee
Edgar Kaiser
S2-585585.1
-13-