Document XzG0e9EYEovNy78JbLg60YOmK

FILE NAME: Ferro Engineering (FER) DATE: 2013 Aug 8 DOC#: FER007 DOCUMENT DESCRIPTION: Legal - Plaintiffs' 1st Interrogatories & Requests for Production with Answers 1 2 3 4 5 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF WASPIINGTON IN AND FOR KING COUNTY 9 10 JAMES B. TURNER and JOANNE K. LIPSON, husband and wife, ) ) NO. 13-2-17075-2 SEA 11 12 v Plaintiffs, ) ) PLAINTIFFS' FIRST INTERROGATORIES ) AND REQUESTS FOR PRODUCTION OF ) DOCUMENTS TO DEFENDANT ON ) MARINE SERVICES COMPANY, LLC, 13 FRASER'S BOILER SERVICE, INC., et al., ) FERRO ENGINEERING DIVISION ) (INCORRECTLY NAMED AS OGLEBAY 14 Defendants. ) NORTON COMPANY) WITH ANSWERS ) 15 16 TO: ON MARINE SERVICES COMPANY, LLC FERRO ENGINEERING DIVISION 17 AND TO: Counsel for Defendant ON MARINE SERVICES COMPANY, LLC FERRO ENGINEERING DIVISION 18 YOU ARE HEREBY SERVED with Plaintiffs' First Set of Interrogatories and Requests 19 for Production of Documents propounded to Defendant ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION. These interrogatories must be answered, under oath, 20 within thirty (30) days of service pursuant to CR 33(a) and the General Style Order governing asbestos litigation in this jurisdiction. Please type the answers in the space provided, adding 21 aBdEdRitGioMnaAl NpaDgResAPifERneLcAesDsaErNy.BURRGet,ur6n14thFeirstorAigviennaule,to4ththFelooorf,fSiceeattolef, WPlaasinhtiinfgfsto'n,at9to8r1n0e4y., 22 23 24 25 26 RGAI0854!4.DOCX;4\I2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 1 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 INSTRUCTIONS 2 1. These discovery requests are to be regarded as continuing in nature, and You must supplement Your responses promptly if You obtain additional or different material before 3 trial in this action. 4 2. These discovery requests cover all documents and information within the possession, custody, or control of, or reasonably available to, the responding defendant and its 5 predecessor, successor, parents, subsidiaries, officers, directors, employees, agents, consultants, servants, attorneys, assigns, or any other representatives. 6 3. If any response, or portion thereof, is withheld or objected to on the basis of a 7 claim of privilege or for any other reason, identify, with enough particularity to support a motion to compel, the discovery request for which the response, or portion thereof, has been 8 withheld or objected to, the information that has been withheld or objected to, the specific claim or privilege or other reason for withholding the information and the basis for Your claim. 9 4. For each document produced in response to a discovery request, indicate on the 10 document or in some other reasonable manner the number of the request(s) to which it 11 responds. 5. If anything is deleted from a document produced in response to a discovery 12 request, indicate the fact of deletion on the face of the document and state in Your response to such request: 13 (A) the reason for the deletion; and 14 (B) the subject matter of the deletion. 15 6. If any document otherwise responsive to any request is withheld under claim of privilege, furnish a list containing for each such document the following information: 16 (A) the date of the document 17 (B) the name and title of its author(s); (C) the name and title of each person to whom it was addressed; 18 (D) the name and title of each person to whom it was sent; (E) the name and title of each person to whom it was disclosed in whole or in part; 19 (F) the number of pages; (G) a brief description of its subject matter; 20 (H) the request to which it is otherwise responsive; and 21 (I) the nature of the claimed privilege. 22 7. For any documents produced in response to a request that are not now within the defendant's possession, custody or control, state in such response in whose possession, custody or control such documents may be found. If a document responsive to a request no longer 23 exists, identify it and explain the circumstances of its loss or destruction. If no documents exist that are responsive to a request, so state. 24 8. Discovery requests calling for numerical or chronological information shall be 25 deemed, to the extent that the precise figures or dates are not known, to call for estimates. In each instance in which an estimate is given, identify it as such and specify the source of 26 information and the basis for the estimate. RGA1085414.DOCX;4\l2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION . OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 2 ,,,,, ,, OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 9. All discovery requests which are stated in the conjunctive are to be read as if also stated in the disjunctive, and vice versa (he., answer each request as if requiring an 2 "and/or" response). Similarly, in all discovery requests, the singular form of a noun is to be read as including the plural form, and vice versa, and all verbs shall be construed to include all 3 tenses. 4 10. Unless otherwise specified, the time period for each discovery request shall include the period from 1940 to 1979. 5 11. Pursuant to Rule 33(a), these Interrogatories are to be answered separately and 6 fully in writing under oath, unless objected to, in which event the reasons for objection are to be stated in lieu of an answer in accordance with Instruction 3 above. The answers are to be 7 signed by the person making them and the objections signed by the attorney making them. 8 12. Where an Interrogatory requests the identity of each person with responsibility over certain matters, the request shall be deemed to include each person, other than those with 9 wholly clerical duties, who has responsibility over the matter. The request shall not be limited to the head of a department, division or branch, but shall include subordinate employees other 10 than clerical staff who have responsibility over the matter. 11 13. Where an Interrogatory seeks identification of documents, the defendant may in lieu thereof attach a copy of the document(s) to its response to the Interrogatory pursuant to 12 Rule 33(c) of the Civil Rules. For each document produced, indicate on the document or in some other reasonable manner the Interrogatory to which it responds. 13 14. If any Interrogatory cannot be answered fully, provide as complete an answer as 14 possible, state the reason for the inability to provide a complete answer, and provide any information, knowledge or belief defendant has regarding the portion unanswered. 15 15. This discovery request requires production of drafts of documents covered by a 16 request as well as all non-identical copies of the documents, c.g., they would require the production of a draft letter, the letter as sent and a copy of that letter on which there are 17 additional markings or writings. 18 DEFINITIONS 19 Unless otherwise defined herein, the following definitions apply to these discovery requests: 20 1. "You" means defendant ON MARINE SERVICES COMPANY, LLC FERRO 21 ENGINEERING DIVISION, its officers, directors, employees, parent corporations, subsidiary 22 corporations, affiliates, predecessors in interest, including specifically LINK-BELT CORPORATION, agents, consultants, contractors, attorneys, representatives, and all other 23 persons acting or purporting to act on behalf of said defendant. 24 2. "Document" means any and all material that is written, printed, typed, photographed, recorded (whether electrically, electronically, magnetically, graphically, or 25 otherwise) or which is capable of being recorded in any form. It includes, but is not limited to papers, books, records, letters, photographs, tangible things, correspondence, communications, 26 telegrams, cables, Telex messages, memoranda, laboratory work papers, batch sheets, other RGA1085414.DOCX;4\l2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSWERS - 3 OGDEN MURPHY WALLACE. P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 work papers, ledger sheets, transcripts, minutes, reports, and recordings of telephone or other conversations or of interviews, conferences or other meetings, affidavits, statements, 2 summaries, opinions, reports, studies, drafts, drafts of studies, analyses, bulletins, notices, announcements, advertisements, instructions, charts, manuals, brochures, publications, 3 schedules, journals, statistical records, desk calendars, appointment books, diaries, lists, logs, 4 well logs, field logs, tabulations, sound recordings, computer files, computer tapes, computer printouts, gas chromatograms, mass spectra, data processing in-put and out-put, microfilm, 5 books of account, records, invoices, checks, notes, diagrams, maps, graphs, graphs or materials with handwriting or other printing on them, books, library reference, textbooks, treatises, and 6 other tangible material. 7 3. "Component" means any internal or external part of one of Your products, items, 8 or pieces of equipments even if such part was not originally manufactured by You, including but not limited to brake and clutch friction material. 9 4. "Relate to" or "relating to" means referring to, constituting, defining, 10 concerning, containing, embodying, reflecting, identifying, stating, illustrating, dealing with, or 11 in any way pertaining to. 5. "Identify" or "identity" means: 12 13 (A) with respect to a natural person, to provide the person's (i) full name, (ii) present or last known business and home addresses and phone numbers, (iii) present or last known 14 employer and position with that employer; and (iv) employer and position at the time relevant to the interrogatory involved; 15 (B) with respect to an entity other than a natural person, to provide (i) the full name of the organization or entity; (ii) the present or last known address of the organization or entity, 16 and (iii) the name, title and address of its chief executive officer; 17 (C) with respect to a document, to provide the document's (i) date; (ii) author and signatory; (iii) type (e.g., letter, memorandum); (iv) title and subject matter; (v) addressee and 18 all other persons receiving copies; (vi) custodian; and (vii) its present or last known location; (D) with respect to an act, action, or activity, to provide: (i) a description of the act 19 or activity; (ii) the date it occurred; (iii) the place it occurred; (iv) the identity of each document relating to the act or activity; and (v) the identity of each person who participated or engaged in 20 the act or activity; 21 (E) with respect to a communication, to provide: (i) the date of the communication; (ii) the place it occurred; (iii) the identity of each person who originated, received, participated, 22 or was present during the communication; (iv) the type of communication (e.g., letter, telegram, telephone conversation); (v) the identity of each document relating or referring to or comprising 23 such communication; and (vi) the substance of the communication. 24 25 26 ROA1085414.DOCX;4\12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSWERS - 4 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 INTERROGATORIES and REQUESTS FOR PRODUCTION submitted this 10th day of June, 2013. 2 BERGMAN DRAPER LADENBURG 3 4 ______s/Vanessa Firnhaber Oslund______ 5 Vanessa Firnhaber Oslund, WSBA #38252 Counsel for Plaintiffs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RGA1085414.DOCX;4\] 2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSWERS - 5 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 Defendant Ferro Engineering Division of ON Marine Services Company, LLC, a 2 Delaware limited liability company (Defendant), incorrectly named in the Plaintiffs' Complaint 3 as Oglebay Norton Company a/k/a Oglebay Norton Engineered Materials, a/k/a ON Marine 4 Services, Inc., and its division The Ferro Engineering Division, by and through its undersigned 5 attorneys, hereby submits the following answers and objections to Plaintiffs' First Set of 6 7 Interrogatories and Requests for Production to the above-named Defendant. 8 GENERAL OBJECTIONS 9 At no time did Defendant manufacture, sell, distribute or supply any asbestos-containing 10 products, other than through its former division, Ferro Engineering. Any and all products, 11 including those containing asbestos, were manufactured by and sold through the Ferro 12 Engineering Division. Defendant therefore responds to Plaintiffs' First Set of Interrogatories and 13 Requests for Production of Documents on behalf of its former division, Ferro Engineering. 14 15 Notwithstanding the above, Defendant objects to the following First Set of Interrogatories and 16 Requests for Production insofar as they seek information which is subject to attorney-client 17 privilege or work-product doctrine, or which is otherwise not discoverable under the provisions 18 of the Washington Rules of Civil Procedure. Defendant also objects to any Interrogatories and 19 Requests for Production that seek production of any information consisting of a trade secret, 20 21 confidential financial data or other confidential research, development or commercial information. Discovery is still continuing in this case and Defendant will supplement its answers 22 23 as any additional information becomes available. 24 ADDITIONAL OBJECTIONS 25 Plaintiffs' First Set of Interrogatories and Requests for Production are directed to 26 Oglebay Norton Company a/k/a Oglebay Norton Engineered Materials, a/k/a ON Marine RGA1085414.DOCX;4\12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSWERS - 6 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 Services, Inc., and its division, The Ferro Engineering Division. Plaintiff has improperly named 2 Oglebay Norton Company as a defendant. The proper entity is Ferro Engineering Division of 3 ON Marine Services Company, LLC, a Delaware limited liability company, which is a wholly 4 owned subsidiary of Oglebay Norton Company, LLC, an Ohio limited liability company. 5 Present-day Oglebay Norton Company had no involvement in any activities relating to Plaintiffs' 6 claims and holds no legal liability for any activities of the Ferro Engineering Division of ON 7 Marine Services Company, LLC. Accordingly, the First Set of Interrogatories and Requests for 8 Production are improperly issued to Oglebay Norton Company, which is not in a position to 9 respond to Plaintiffs' First Set of Interrogatories and Requests for Production. The proper party 10 to which such Interrogatories and Requests for Production should be directed is the Ferro 11 Engineering Division of ON Marine Services Company, LLC, which entity hereby responds to 12 Plaintiffs' First Set of Interrogatories and Requests for Production as follows: 13 INTERROGATORIES 14 1. Did you ever sell, supply, and/or distribute hot tops to Bethlehem Steel in Seattle, Washington during the years 1970 to 1976? 15 16 RESPONSE: Defendant incorporates its General Objections and Additional Objections 17 listed above in connection with its subsequent responses. Defendant further objects on the 18 grounds that "hot tops" is a generic term with several meanings and thus this Interrogatory is 19 technically unanswerable. Defendant further objects as Plaintiffs have provided no evidence that 20 Mr. Turner ever worked with, or in the vicinity of, any products manufactured, sold or 21 distributed by this Defendant. Therefore, this Interrogatory is overly broad, unduly burdensome, 22 and not designed to lead to the discovery of admissible evidence. Without waiving its 23 objections, Defendant did manufacture and sell certain asbestos-containing products for use with 24 hot tops to Bethlehem Steel in Seattle at various times during the years 1970 to 1976. 25 2. Did you ever manufacture, assemble, sell, supply, or otherwise put in the stream of commerce hot tops that contained asbestos after 1969? 26 RGA1085414.DOCX;4U2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 7 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 RESPONSE: Defendant incorporates its General Objections and Additional Objections 2 listed above in connection with its subsequent responses. Defendant further objects on the 3 grounds that "hot tops" is a generic term with several meanings and thus this Interrogatory is 4 technically unanswerable. Defendant further objects as this Interrogatory is not limited in time 5 or scope to the time periods or locations related to this lawsuit. Defendant further objects as 6 Plaintiffs have provided no evidence that Mr. Turner ever worked with, or in the vicinity of, any 7 products manufactured, sold, or distributed by Defendant. Therefore, this Interrogatory is overly 8 broad, unduly burdensome, and not designed to lead to the discovery of admissible evidence. 9 Without waiving its objections, Defendant did manufacture and sell certain asbestos-containing 10 refractory products for use with hot tops to Bethlehem Steel in Seattle at various times during the 11 years 1970 to 1976. 12 3. If your answers to interrogatories No. 1 or 2 are anything other than an unqualified "no", please describe with particularity every asbestos-containing hot top product that you 13 manufactured, assembled, sold, supplied, or otherwise placed in the stream of commerce during the years 1970 to 1976. Include in your answer the brand name and/or model name of 14 the product, its physical description and its asbestos content (percentage and fiber type). 15 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Without waiving its 16 objections, Defendant may have manufactured and sold the following asbestos-containing 17 products to Bethlehem Steel in Seattle, WA from 1970 to 1976: 18 19 Ferroboard Liners Certain Ferroboard Liners contained 6% amosite or combination amosite 20 and chrysotile asbestos, depending on customer needs and requirements. Asbestos-containing Ferroboard Liners were stacked on a wooden pallet 21 then covered with a 6 mil shrink wrap. Shipping labels with the 22 designation "C&D" and "Ferro Engineering" may have accompanied the product. Asbestos-containing Ferroboard Liners were tannish in color, brick-like in texture, rectangular in form which varied in length and 23 width depending upon the size of the Hot Top and were manufactured with crease lines for folding the liner into the proper shape. There were 24 no markings on this product other than product number. 25 4. If your answer to interrogatory No. 2 is anything other than an unqualified "no", please list the suppliers of the asbestos fibers incorporated into your hot top products during the years 26 1970 to 1976. RGAI0854I4.DOCX;4\I2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 8 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Without waiving its 2 objections, Defendant responds as follows: 3 In general, asbestos fibers contained in certain of Defendant's products were purchased 4 from Carey Canadian, Canadian Johns-Manville Corporation, National Gypsum, North American Asbestos Corporation, Clark Asbestos and International Fiber Corp. 5 5. Describe the expected use of your hot top products by your customers. 6 7 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Without waiving its 8 objections, Defendant responds as follows: Some asbestos-containing Ferroboard Liners may 9 have been used to line the inside of certain hot top castings. 10 6. Do you contend that the asbestos-containing hot tops that you manufactured or 11 otherwise placed in the stream of commerce were not "friable" and/or did not release respirable asbestos fibers during their expected use? If yes, please describe the factual and scientific 12 basis for that contention. 13 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Without waiving its 14 objections, Defendant responds as follows: Ferroboard liners were a refractory board product 15 and no significant dust would have been created in its normal use. 16 7. When did you learn that asbestos was hazardous to human health? 17 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Defendant further objects to 18 the form of this Request in that it assumes that the release of dust and/or fibers was inherent with 19 use of Defendant's products, and that Defendant's products presented a hazard. Defendant 20 further objects on the grounds that this Request assumes that Defendant had control of such 21 products and their use after leaving Defendant's possession, which it did not. Further, these 22 products were sold to sophisticated companies who controlled the workplace and its employees. 23 Defendant also objects on the grounds that at no time was Plaintiff James Turner employed by 24 this Defendant. Accordingly, this Request is overly broad, unduly burdensome, harassing and 25 seeks information that is neither relevant nor reasonably calculated to lead to the discovery of 26 RGA1085414.DOCX;4\12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 9 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 admissible evidence. Without waiving its objections, and to the best of this Defendant's 2 knowledge, information and belief, the late James Bognar of Ferro Engineering's research 3 department learned that asbestos fibers posed a possible risk of asbestosis to asbestos miners in 4 the late 1960s or early 1970s. According to earlier deposition testimony of Mr. Bognar, at no 5 time did Defendant believe that the asbestos content in Defendant's products was hazardous. 6 Further, Defendant possesses articles from the Times of London from 1966. Defendant has no 7 reason to believe that receipt of the articles, which speak for themselves, was in any way 8 "notice" as to any potential increased risk of any health hazards related to Defendant's products. 9 Also, there is a one-line reference to asbestosis in the minutes of a 1969 Engineering Department 10 meeting. Such reference was non-specific and does not appear directed toward any Ferro 11 Engineering Division product or process. Defendant has no further information concerning these 12 minutes or any discussion that took place at the meeting. Defendant has no information that 13 indicates Defendant ever believed that the proper use of any of its asbestos-containing products 14 potentially posed any increased risk or any health hazards from the use of the products. 15 8. Did warnings or instructions of any kind accompany any of your hot top products described in your answer to Interrogatory No. 3? If yes, please describe the content of the 16 warning or instruction. 17 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Without waiving its 18 objections, in 1971 Defendant commenced a labeling program using the following label: 19 "Caution contains asbestos fibers - avoid creating dust - breathing asbestos dust may cause 20 serious bodily harm." It is believed that the color of the label was in red and that the label was 21 22 approximately 2 inches by 2 inches in size. The label was in conformance with federal regulations. There is no record of the precise dates of implementation of the caution label with 23 regard to individual products. Defendant has no information as to persons involved in drafting 24 the language used in the caution label, although to the best of Defendant's knowledge, 25 information and belief the language chosen was in conformance with federal regulations. 26 RGA1085414.DOCX;4\ 12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W IT H ANSW ERS - 10 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 9. Did you ever warn any of your customers about the hazards of asbestos at any time? Why or why not? 2 3 RESPONSE: See objections and response to Interrogatory Nos. 1, 2 and 8. Without 4 waiving its objections, Defendant never believed asbestos, as used in its products, created any 5 increased health risks from the use of its products to its customers. 6 10. Provide the names of each individual who provided information to answer these interrogatories. 7 8 RESPONSE: Dennis H. Markusson, Esq., of Markusson, Green & Jarvis, P.C., 9 950 17th Street, Suite 1050, Denver, Colorado 80202, Ferro Engineering Division's National 10 Coordinating Counsel, who has held this position since March 2002, supervised the answering of 11 these Interrogatories and Requests for Production by Bruce Inglis, CFO of ON Marine Services 12 Company, LLC. Mr. Inglis' answers are based solely upon documents and information made 13 available to him by others and upon which he relied. 14 11. Provide the names and contact information (if known) of each person who you believe may possess information regarding the use of asbestos in your hot top products in the 1970s. 15 16 RESPONSE: Bill Gabriel, consultant and former employee. Mr. Gabriel can be 17 contacted through National Coordinating Counsel. 18 12. Provide the names and contact information (if known) of each person who you believe may possess information regarding your sale/supply of hot top products to Bethlehem Steel in 19 the 1970s. 20 RESPONSE: See response to Interrogatory No. 11. 21 13. Provide the names of each trade or professional organization that you were a member of prior to 1976. 22 23 RESPONSE: See objections to Interrogatory Nos. 1 and 2. Without waiving its 24 objections, Defendant states that it recently became aware of documents that indicate that 25 Defendant was a member of the American Ceramic Society during the years 1942, 1944, 1945, 26 1947-1949, 1951, 1958 and 1961. Prior to becoming aware of said documents, Defendant had RGA1085414.DOCX;4\12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W IT H ANSW ERS - 11 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 no knowledge that it may have been a member of the American Ceramic Society. Defendant 2 further states that based upon records to which Defendant was referred, it appears for the years 3 1960 to 1962, 1964, and 1968 to 1970 Robert E. Kratzert, Vessel Personnel Manager for the 4 Columbia Transportation Division, was a member of the National Safety Council. The 5 Columbia Transportation Division was a separate entity from the Defendant Ferro Engineering 6 Division. Defendant also states that it was recently referred to a document that indicates that 7 Oglebay Norton Company, which as a result of a series of mergers is now ON Marine Services 8 Company, LLC, was a member of the National Safety Council from 1949 to 2005. Defendant 9 Ferro Engineering was not a member of the National Safety Council. Further, Defendant was a 10 member of the Iron and Steel Institute. Defendant is unaware of the exact dates of its 11 membership. 12 14. When was the first time that a person brought a lawsuit against you for allegedly causing an asbestos-related injury? 13 14 RESPONSE: See objection to Interrogatory Nos. 1 and 2. Additionally, this 15 Interrogatory is not related to any claim or defense in this matter and is, therefore, overly broad, 16 unduly burdensome and not designed to lead to the discovery of admissible evidence. 17 15. When was the first time that an employee or former employee brought a claim against you for compensation for an injury allegedly related to asbestos? 18 19 RESPONSE: See objection to Interrogatory Nos. 1 and 2. Additionally, this 20 Interrogatory is not related to any claim or defense in this matter and is, therefore, overly broad, 21 unduly burdensome and not designed to lead to the discovery of admissible evidence. 22 16. Prior to 1976, did you ever employ an industrial hygienist or someone similar charged with health and safety at your company? If yes, please provide the individual(s)' name(s), job 23 description, and contact information. 24 25 26 RGA1085414,DOCX;4\12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W IT H ANSW ERS - 12 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 RESPONSE: See objection to Interrogatory Nos. 1 and 2. Additionally, this 2 Interrogatory is not related to any claim or defense in this matter and is, therefore, overly broad, 3 unduly burdensome and not designed to lead to the discovery of admissible evidence. 4 17. Did you ever sell, supply, and/or distribute equipment used to make hot tops to Bethlehem Steel in Seattle, Washington prior to 1976? If yes, please describe the equipment 5 and how it was used. 6 RESPONSE: See objections to Interrogatory Nos. 1, 2 and 3. Without waiving its 7 objections, Defendant manufactured and sold certain asbestos-containing products for use with 8 hot tops at Bethlehem Steel in Seattle, Washington prior to 1976. 9 10 REQUESTS FOR PRODUCTION 11 1. Produce every document in your possession or control that relates or refers to any 12 sale/supply of hot tops that you made to Bethlehem Steel in Seattle, Washington during the years 1970 to 1976. 13 RESPONSE: Defendant incorporates its General Objections and Additional Objections 14 listed above in connection with its subsequent responses. Defendant further objects to this 15 Request for Production on the grounds that, according to deposition testimony, Mr. Turner never 16 worked with any of Defendant's products. Accordingly, this Request seeks information that is 17 neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. 18 Without waiving its objections, Defendant states that it maintains and will produce copies of the 19 Ferro Engineering Division's "In-road books" sales records for sales of its asbestos-containing 20 refractory products sold to Bethlehem Steel, Seattle, WA, during time period 1970 to 1976. 21 Additionally, Defendant states that it possesses and will produce copies of representative "mix 22 formulas" for any asbestos-containing products listed in the objections and answers to 23 Interrogatory No. 3. The mix formulas are exemplars of those used for the manufacture of Ferro 24 Engineering Division products. Defendant manufactured its products to each of its customers' 25 own needs and requirements, which were dependent upon many factors, including but not 26 RGA1085414.DOCX;4\I2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSW ERS - 13 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 limited to the customers' specific yield requirements. Defendant possesses no information by 2 which it may determine whether the mix formulas in its possession are in fact the exact mix 3 formulas used for the production of each product as listed in its answer to Interrogatory 3. 4 Additionally, Defendant will produce representative product catalogs relevant to Defendant's 5 asbestos-containing products manufactured and sold to Bethlehem Steel, Seattle, WA, from 1970 6 to 1976. 7 2. Produce every document in your possession or control that relates or refers to communications between you and Bethlehem Steel regarding your sale/supply of hot tops 8 during the years 1970 to 1976. 9 RESPONSE: See objections and answers to Request for Production No. 1 and 10 Interrogatory Nos. 1 and 2. Without waiving its objections, Defendant is unaware of any such 11 documents. However, documents may exist responsive to this request in Defendant's document 12 storage facility at Iron Mountain in Cleveland, OH. Plaintiffs may inspect such documents upon 13 reasonable request. 14 3. Produce every document in your possession or control that relates or refers to asbestos- 15 related human health hazards. 16 RESPONSE: See objections to Interrogatory Nos. 1, 2 and 7. Without waiving these 17 objections, Defendant will produce the articles and meeting minutes referenced in Interrogatory 18 No. 7. 19 4. Produce every document in your possession or control that relates or refers to 20 communications prior to 1976 on the subject of the government's regulation of asbestos. 21 RESPONSE: See objections and answers to Request for Production No. 1 and 22 Interrogatory Nos. 1 and 2. Without waiving its objections, Defendant is unaware of any such 23 documents. However, documents may exist responsive to this request in Defendants document 24 storage facility at Iron Mountain in Cleveland, OH. Plaintiffs may inspect such documents upon 25 reasonable request. 26 RGA1085414.DOCX;4\12526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 14 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 5. Produce all records in your possession or control that refer or relate to any claims filed or made by your employees or former employees for compensation relating to asbestos-related 2 injuries or illnesses. 3 RESPONSE: See objections to Request for Production No. 1 and Interrogatory Nos. 1, 2 4 and 15. Additionally, this Request is not related to any claim or defense in this matter and is, 5 therefore, overly broad, unduly burdensome and not designed to lead to the discovery of 6 admissible evidence. 7 6. Produce all records in your possession or control that refer or relate to your 8 procurement of asbestos-containing materials for incorporation into your hot top products during the years 1970 to 1976. 9 10 RESPONSE: See objections and answers to Request for Production No. 1 and 11 Interrogatory Nos. 1 and 2. Without waiving its objections, Defendant is unaware of any such 12 documents. However, documents may exist responsive to this request in Defendants document 13 storage facility at Iron Mountain in Cleveland, OH. Plaintiffs may inspect such documents upon 14 reasonable request. 15 7. Produce every document in your possession or control that relates or refers to any sale/supply of equipment used to make hot tops that you made to Bethlehem Steel in Seattle, 16 Washington during the years 1970 to 1976. 17 RESPONSE: See objections to Request for Production No. 1 and Interrogatory Nos. 1 18 and 2. Defendant further objects on the grounds that this request is nonsensical and cannot be 19 answered. Defendant never sold any equipment used to make hot tops to Bethlehem Steel in 20 Seattle, Washington. It did sell products to Bethlehem Steel that may have been used in 21 connection with the use of hot tops. Without waiving its objections, attached as Exhibit A (Bates 22 Nos. OMWOOOO1-00043) are documents that pertain to products that Defendant may have 23 manufactured and sold to Bethlehem Steel in Seattle, Washington during the years 1970 to 1976, 24 as well as documents pertaining to the Ferroboard product lines. Discovery is still continuing in 25 this case and these documents may be supplemented as discovery continues. 26 RGA1085414. DOCX;4\l 2526.0000035 PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W IT H ANSW ERS - 15 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447,0215 1 ANSWERS AND RESPONSES SUBMITTED this day of _Ji 'j& i 2 2013. The undersigned attorney has read the foregoing answers and responses to these 3 discovery requests, and they comply with CR 26(g). 4 5 6 7 Counsel for Defendant On Marine Services Company, LLC Ferro 8 Engineering Division (incorrectly named as 9 Oglebay Norton Company) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 RGA1085414.DOCX;4\I2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY. LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSW ERS - 16 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 AFFIDAVIT 2 STATE OF PENNSYLVANIA 3 COUNTY OF ALLEGHENY ) ) ss, ) 4 BRUCE INGLIS, Chief Financial Officer of ON Marine Services Company, a Delaware 65 limited liability company, and designated by ON Marine Services Company, LLC, to execute the answers and responses to these answers and objections to Plaintiffs' First Interrogatories 7 and Requests for Production of Documents based upon information or documents made 8 available to him by others and upon which he relied, and being first duly sworn on oath and 9 deposes and states that he has read the foregoing answer's and objections to Plaintiffs' First 10 Interrogatories and Requests for Production of Documents, and that the statements of fact 11 contained in the attached answers and objections to Plaintiffs' First Interrogatories and 12 Requests for Production of Documents are true and correct to the best of his information, 13 knowledge and belief. 14 15 Bruce Inglis 16 17 SUBSCRIBED AND SWORN TO before me on the 4 2013, 18 day of J x UAMs J iL 19 COMMONWEALTH O F PEN N SYLV A N IA , Notarial Seal 2120 Karen DICaprio, Notary Public City of Pittsburgh, Allegheny County / Priiitcd Namc he.rf My commission Expire* J NOTARY PUBLIC in and for the State of vivaci* . -, A 4 . evp-j/ C&iwfa/ 22 - I s My Commission Expires: 0 < 'y # - / /* A O ? 23 24 25 26 BaAIOSSIH.DOCXvl2526,OOOOOJ\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 17 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 DECLARATION OF SERVICE 2 Carole Henry hereby makes the following declaration pursuant to CR 5(b)(B) and 3 RCW 9A.72.085: 4 1. I am now and was at all times material hereto over the age of 18 years. I am not a 5 party to the above-entitled action and am competent to be a witness herein. 6 2. I certify that I served via e-mail a copy of the foregoing Plaintiffs' First 7 Interrogatories and Requests for Production of Documents to Defendant ON Marine Services 8 Company, LLC, Ferro Engineering Division (incorrectly named as Oglebay Norton Company) 9 With Answers to counsel as follows: 10 Matthew P. Bergman 11 B61e4rgFmirasnt ADvraepneureLadenburg 12 Third Floor Seattle, Washington 98104 13 service@bergmanlegal.com Attorneys for Plaintiffs 14 15 Marissa Alkhazov 16 Betts Patterson Mines 701 Pike Street 17 Suite 1400 Seattle, Washington 98101 18 betts-asbestos@bpmlaw. com 19 Attorneys for Pfizer, Inc. 20 Richard Gawlowski 21 Wilson Smith Cochran & Dickerson 901 Fifth Avenue Suite 1700 22 Seattle, Washington 98164 23 mAtettolirfneaesybsefsotorsM@ewtrsocdp.ocloitman Life Insurance 24 Company Randy Aliment Williams Kastner & Gibbs 601 Union Street Suite 4100 P.O. Box 21926 Seattle, Washington 98111-3926 wkgasbestos@williamskastner.com Attorneys for Seegott Holdings, Inc. Mark J. Fucile Fucile & Reising 115 Northwest 1st Avenue Suite 401 Portland, Oregon 97209-4024 mark@frllp.com Attorneys for Owens-Illinois, Inc. Terry Hall Wolfstone Panchot & Bloch 1111 Third Avenue Suite 1800 Seattle, Washington 98101 asbestos@wpblaw.com Attorneys for Lone Star Industries, Inc. 25 26 RG A 1085414.DOCX;4\I2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY WITH ANSWERS - 18 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 Bree H. Kame'enui-Ramirez Betts Patterson Mines 2 701 Pike Street 3 Suite 1400 Seattle, Washington 98101 4 betts-asbestos@bpmlaw. com Attorneys for McCann Shields Paint Co. 5 6 Diane Kero 7 Gordon Thomas 600 University Street 8 Suite 2100 Seattle, Washington 98101 9 service@gth-law.com Attorneys for Foseco, Inc., Union Carbide 10 Corporation 11 Melissa K. Roeder 12 Forsberg & Umlauf 13 901 Fifth Avenue Suite 1400 14 Seattle, Washington 98164 asbestos3@forsberg-umlauf.com 15 Attorneys for Fraser's Boiler Service, Inc. 16 Timothy K. Thorson 17 Carney Badley Smith & Spellman 18 701 Fifth Avenue Suite 3600 19 Seattle, Washington 98104 asbestos@carneylaw.com 20 Attorneys for Saberhagen Holdings, Inc. 21 22 23 24 25 26 Mike Mattingly Rizzo Mattingly Bosworth 411 Southwest 2nd Avenue Suite 200 Portland, Oregon 97204 recordsmanagement@rizzopc.com Attorneys for Kelly Moore Paint Company, Inc. Barry N. Mesher Sedgwick LLP 520 Pike Street Suite 2200 Seattle, Washington 98101 asbestos.seattle@sedgwicklaw.com Attorneys for Crown Cork & Seal Company, Inc., Georgia-Pacific Corporation Katherine M. Steele Williams Kastner Gibbs 601 Union Street Suite 4100 Seattle, Washington 98101 wkgasbestos@williamskastner.com Attorneys for C.H. Murphy/Clark-Ullman, Inc., P-G Industries, Inc., Insulco, Inc. Mark Tuvim Gordon & Rees, LLP 701 Fifth Avenue Suite 2130 Seattle, Washington 98104 asbestos-sea@gordonrees.com Attorneys for Asbestos Corporation Limited, Hedman Resources Limited RGA! 0854 H.DOCX;4\l 2526.000003\ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSW ERS - 19 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215 1 Jeffrey Wolf Williams Kastner & Gibbs 2 601 Union Street 3 Suite 4100 P.O. Box 21926 4 Seattle, Washington 98111-3926 wkgasbestos@williamskastner.com 5 Attorneys for Hanson Permanente Cement, 6 Inc., Kaiser Gypsum Company, Inc. 7 on the j l ^ ^ d a y of / \ \ J d (JS T ___________, 2013. 8 I declare under penalty of perjury under the laws of the State of Washington that the 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 R G A 1 0 8 5 4 1 4 .D O C X ;4 \1 2 5 2 6 .0 0 0 0 0 3 \ PLAINTIFFS' FIRST INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT ON MARINE SERVICES COMPANY, LLC, FERRO ENGINEERING DIVISION (INCORRECTLY NAMED AS OGLEBAY NORTON COMPANY W ITH ANSW ERS - 20 OGDEN MURPHY WALLACE, P.L.L.C. 901 Fifth Avenue, Suite 3500 Seattle, Washington 98164-2008 Tel: 206.447.7000/Fax: 206.447.0215