Document Z4mqdv0mD6Y7J0ye507RQVBkZ

DISTRICT COURT, COUNTY BOULDER, COLORADO Court Address: 1776 6th St., Boulder, CO 80306-4249 FRANK IRVIN and JANICE IRVIN, as Husband and Wife, Plaintiffs, va. l. THE FLINTKOTE CORPORATION, a Massachusetts Corporation; 2. GEORGIA-PACIFIC CORPORATION, a Georgia Acourt use onlyA. Corporation; 3. PLATEAU SUPPLY COMPANY, a Colorado Corporation; 4. RIO GRANDE COMPANY, a Colorado Corporation; 5. JOHN CRANE, INC., an Illinois Corporation; 6. DANA CORPORATION, a Virginia Corporation; 7. GARLOCK, INC., an Ohio Corporation; Case No: 2001CV1759 8. KAISER ALUMINUM AND CHEMICAL CORPORATION (successor to Kaiser Refractories), a California Corporation; Div/Ctrm: 9. GREFCO, INC., a Delaware Corporation; 10. QUIGLEY COMPANY, INC., a New York Corporation; 11. HONEYWELL TECHNOLOGY SOLUTION, INC. (formerly ALLIED SIGNAL TECHNICAL SERVICES CORPORATION), a Delaware Corporation; 12. KELLY MOORE PAINT COMPANY, INC., a California Corporation; 13. ALLIED INSULATION COMPANY OF COLORADO, INC., a Colorado Corporation; 14. FORD MOTOR COMPANY; 15. UNION CARBIDE CORPORATION, a New York Corporation; 16. CONWED CORPORATION, a Delaware Corporation, Defendants. ATTORNEY(S): Name: Attorneys For: Address: Phone No.: Fax No.: David P. Hersh, #13747 Diane Vaksdal Smith, #14340 Defendant Conwed Corporation Burg Simpson Eldredge Hersh & Jardine, P.C. 40 Inverness Drive East Englewood, Colorado, 80112 (303) 792-5595 Declined Pursuant to C.R.C.P. 5(b) RESPONSE OF DEFENDANT CONWED CORPORATION TO PLAINTIFF'S FIRST SET OF DISCOVERY REQUESTS TO ALL DEFENDANTS (03/28/02) COMES NOW the Defendant, Conwed Corporation ("Conwed"), separate and apart from all other defendants, by and through its attorneys, Burg Simpson Eldredge & Hersh, P.C., and for its Response to Plaintiff's First Set of Discovery Requests to All Defendants. PRELIMINARY STATEMENT AND GENERAL OBJECTIONS Many of the events which may be relevant to the issues in this lawsuit occurred decades prior to the commencement of this suit. Many of the individuals who might have had personal knowledge of the matters to which plaintiffs' requests relate are deceased or otherwise unavailable to Conwed Corporation ("Conwed") and investigations to date indicate that at least some of the documents which relate to the matters inquired about were discarded in the regular course of business prior to commencement of the asbestos litigation. Furthermore, no single individual is now available who is aware of all facts relevant to this litigation. Information must be assimilated from those records which still exist and from former employees. Accordingly, Conwed can only relay this information; it cannot attest to the accuracy or truthfulness of such responses. Information of this nature is supplied because it may lead to the discovery of admissible evidence. 2 For these reasons, the information being provided in these responses may be incomplete. Conwed is engaged in continuing investigation into the subject matter sought by this discovery, and its responses are based upon this investigation. Conwed cannot exclude the possibility that its continued investigation may at some time reveal more complete information, or even information which indicates an answer now being supplied is incorrect. Conwed reserves the right to supplement these responses at a future date if additional information is discovered. Conwed generally objects to these requests as being unduly burdensome, harassing, oppressive, vexatious, boilerplate, overly broad as to time, scope and location; they are vague, lacking in particularity, and repetitious. Objections made to the extent that these requests assume the truth of facts not proven or facts not in evidence. Objection is made to these requests on the grounds that they seek information which is not relevant or reasonably calculated to lead to the discovery of admissible evidence. Objection is also made to these requests to the extent that they seek information or materials which have been gathered or prepared in the course of the asbestos litigation, or which are otherwise protected by the attorney-client privilege, the work-product doctrine, or by any other applicable privilege. Conwed also objects to these requests to the extent that they seek confidential, trade secret, or other proprietary information or materials. Conwed does not concede that any of its answers to these requests are or will be admissible evidence at a trial of this action, and Conwed does not waive any objection on any ground, whether or not asserted herein to the use of any such answer at trial. These general objections are explicitly incorporated into each of the responses hereinafter provided; without waiving any of the objections listed above, Conwed provides the following: 3 REQUEST NO. 1; State the name, address and position of employment of the person signing the responses to these discovery requests on behalf of this defendant. RESPONSE: Robert A. DePetris Conwed Corporation P.O. Box 342 Chartsworth, NJ 08019 President REQUEST NO. 2: To the extent that they are in your possession, custody or control, Produce for copying and inspection all tangible items that relate to any of the following: a. Sale or shipment of goods containing asbestos or vermiculite by you to any location in the State of Colorado between 1946 and 1986. b. Installation or use by you of goods containing asbestos or vermiculite at any facility or location in the State of Colorado between 1946 and 1985. c. Tangible items such as, but not limited to, contracts, agreements, plans, specifications to perform services or provide goods containing asbestos or vermiculite to any location in the state of Colorado between 1946 and 1986. d. Tangible items such as, but not limited to, contracts, agreements, plans, specifications to perform services installing, applying, preparing and/or using goods containing asbestos or vermiculite to any location in the state of Colorado between 1946 and 1986. e. Samples or copies of all trade names, logos, trade inscriptions, signs, tags or labels attached by you (or anyone acting pursuant to your request or direction) to any goods containing asbestos or vermiculite, or attached by you (or anyone acting pursuant to your request or direction) to any goods containing asbestos or vermiculite. 4 RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: a.-d. Conwed Corporation no longer possesses documents pertaining to the sales of its asbestos-containing mineral board. Conwed has sales reports from 1975 to the 1980's. See Answer to Interrogatory No. 5. Upon request, these documents will be available for review at a mutually agreeable time and location. e. Conwed did not imprint an identifying logo or marking on its product. Generally, Conwed mineral boards were wrapped in paper packages approximately 8 inches high. These packages were piled on pallets and wrapped in plastic for shipping with approximately 12 packages per pallet of 2 x 4 foot lay-in ceiling panels and approximately 24 packages per pallet of the 2 x 2 foot tiles. Generally, the labels were 6x12 inches. The labels include the name of the product, the words "mineral ceiling board," and a description of the product, including the Conwed class code, federal specification class number, size of product, number of pieces and a product code number. An identifying logo was used in compliance with Underwriters Laboratories testing requirements. Documents that may be responsive to this Request will be made available for review upon request at a mutually agreeable time and location. Discovery and investigation are continuing. REQUEST NO. 3; The name and address of any entity that was a distributor, reseller, or wholesaler of goods in the State of Colorado between 1946 and 1986 containing asbestos or vermiculite manufactured, distributed and/or sold by you. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Insulation Ceiling & Supply Company in Denver, Colorado; Accoustical Services Co; Advanced Accoustics; Architectural Acoustics; Brewer BL CRS Specialties; Lauren Burt, Inc.; California Wholesale; Cheyenne Acoustics; Dow Building Specialties; Delta Drywall; Denver Acoustics, Inc.; Dew Bldg Specialties; Fort Collins Acoustics; Gardineer; Hague McDaniels; Paul 5 Jensen, Inc.; Jordy & Co.; Janot Orville; Kens Carpet & Decor Co.; Harry Rich Affiliates; S & M Acoustics; Uni Build Corp.; Valley Acoustical; Economy Building; Denver Reserve Supply Co.; Payless Cashways Inc.; Inter-Mtn Helth Care, Inc. Riverside Acoustics of Colorado; Hollsenbeck Drywall; Insulation & Ceiling; Johns-Manville Sales; Jordy & Co.; Construction Specialties; Galloway & Sons; Kens Carpet & Decor Co.; Western Drywall & Decor; and Construction Specialties. Documents that may be responsive to this Request will be made available for review upon request at a mutually agreeable time and location. Discovery and investigation are continuing. REQUEST NO. 4: Tangible items containing information about the type, identity, brand, description and quantity of goods containing asbestos or vermiculite to any entity identified by you in response to paragraph number 3, above. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Conwed Corporation no longer possesses documents pertaining to the sales of its asbestos-containing mineral board. However, Conwed Corporation advertised in Sweet's Catalogs from 1961 through 1974. Any other records related to advertising will be made available upon request for review at a mutually agreeable time and location. Copies of Sweets Catalogs will be produced separately from these interrogatory responses. Discovery and investigation are continuing. REQUEST NO. 5: Please provide a chart, listing or similar description of all goods containing asbestos or vermiculite that were manufactured, sold or distributed by you between 1946 and 1986, including: a. A description of the physical characteristics of the goods, the composition of the goods including the type and percentage of asbestos and/or vermiculite in the goods and the color or appearance of the goods. b. The brand or trade name of each of the goods. 6 c. The dates each of the goods was first manufactured, distributed and/or sold by you, and last manufactured, distributed and/or sold by you. d. A description of the composition and appearance of the packaging for each of the goods, and the volume or weight of the packaging when containing goods as offered for sale. e. The manner, if any, in which the goods would foreseeably be prepared for application and use. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Conwed Corporation manufactured an asbestos containing ceiling between the years 1958 to 1974. The product was sold under the name "Lo-Tone." Based upon information and belief, Conwed has determined that it also purchased and then re-sold an asbestos containing panel. The asbestos containing panel was a special order product with minimal sales. Conwed has very little information on this product and does not know who manufactured the product. It appears that the product was sold at some undetermined time until the late 1970's. Chrysotile Containing Lo-Tone Tile: 1. Mineral Fiber: 71.7% Clay: 14.3% Chrysotile asbestos: 1.6% Starch: 11.6% Separan: .04% Sizing (Wax and allum): 0.8% 2. Mineral Fiber: 66.7% Clay: 14.3% Chrysotile asbestos: 1.6% Starch: 11.6% Separan: .04% Sizing (Wax and allum): 0.8% Perlite: 5% 3. Mineral Fiber: 60.2% Chrysotile asbestos: 1.2% 7 Starch: 11.6% News: 9.9% Perlite: 15.8% 4. Rock Wool: 76% Starch: 12% Chrysotile asbestos: 4% (occasionally may have added amosite asbestos) Sizing (Wax and allum): 0.8% Polyacrylomide: .04% The formulation for Lo-Tone ceiling tile and lay-in panels changed over the years. The amount and type of asbestos used are as follows: 1964-1972: 1.6% chrysotile asbestos lay-in 1971-1974: 1.2% chrysotile asbestos lay-in 1967-1974: 4.0% chrysotile asbestos tile Dates: 1964 to 1974. Conwed Lo-Tone Board and Tile were white and came in a variety of patterns. The products came in two sizes, tiles were 2x2 feet, and lay-in ceiling panels were 2x4 feet. Descriptions of the products can be found in Sweet's Catalogs. Generally, Conwed mineral boards were wrapped in paper packages approximately 8 inches high. These packages were piled on pallets and wrapped in plastic for shipping with approximately 12 packages per pallet of 2 x 4 foot lay-in ceiling panels and approximately 24 packages per pallet of the 2 x 2 foot tiles. Generally, the labels were 6x12 inches. The labels include the name of the product, the words "mineral ceiling board," and a description of the product, including the Conwed class code, federal specification class number, size of product, number of pieces and a product code number. Conwed Corporation did not imprint an identifying logo on its product which was manufactured for sale. An identifying logo was used in compliance with Underwriters Laboratories testing requirements. Amosite Containing Lo-Tone Ceiling Tile 1. Clay: 14.8% Sizing (Wax and Allum): .8% 8 Phonolic Resin: .4% Polyacrylomide: .64% Starch: 12.5% Amosite asbestos: 2% Mineral Fiber: 68.86% 2. Rock Wool: 80% Starch: 15% Amosite asbestos: approximately 5% Sizing (Wax and allum): .8% (Some sulfite for a short period of time) 3. RockWool: 76% Starch: 12% Chrysotile asbestos: 4% (occasionally may have added amosite asbestos); Sizing (Wax and allum): .8% Polyacrylomide: .04% 4. Mineral Wood: 80% Starch: 15.5% Amosite asbestos: 5% Sizing (Wax and allum): .8% The formulation for Lo-Tone ceiling tile and lay-in panels changed over the years. The amount and type of asbestos used are as follows: Late 1961-1965: 2.0% amosite asbestos lay-in 1959-1966: 5.0% amosite asbestos tile 1964-1968: 5.0% amosite asbestos tile Conwed began manufacturing amosite containing mineral board in 1958. No amosite was purchased after 1969, but then existing inventory may have been used in mineral board manufacturing through 1970. Conwed did not imprint an identifying logo or marking on its product. Generally, Conwed mineral boards were wrapped in paper packages approximately 8 inches high. These packages were piled on pallets and wrapped in plastic for shipping with approximately 12 packages per pallet of 2 x 4 foot lay-in ceiling panels and approximately 24 packages per pallet of the 2 x 2 foot tiles. Generally, the labels were 6x12 inches. The labels include the name of the product, the 9 words "mineral ceiling board," and a description of the product, including the Conwed class code, federal specification class number, size of product, number of pieces and a product code number. Documents that may be responsive to this Request will be made available for review upon request at a mutually agreeable time and location. Discovery and investigation are continuing. REQUEST NO. 6: Please state the name of any domestic and/or foreign organization, association, foundation, academy, and/or institute, to which you belonged at any time between 1930 and 1999, and the dates that you were a member of such organization. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Conwed Corporation participated in numerous associations believed to include: Thermal Insulation Manufacturers Association (TIMA); Acoustical and Insulation Manufacturers Association; National Mineral Wool Insulation Association; Society of the Plastics Industry; Technical Association of the Pulp and Paper Industry; American Chemical Society; American Institute of Chemical Engineers; American Society of Mechanical Engineers and National Society of Professional Engineers. Documents that may be responsive to this Request will be available for review upon request at a mutually agreeable time and location. Discovery and investigation are continuing. REQUEST NO. 7: If you ever provided masks or respirators to people who were working with or around asbestos and/or vermiculite containing goods manufactured, distributed or sold by you please state the following: a. When and where such masks or respirators were first provided. b. The existing circumstances or conditions that caused or contributed to your decision to provide masks or respirators. c. The brand name and/or manufacturer of the masks or respirators. 10 d. A general description of the appearance of the masks or respirators. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Unknown. Discovery and investigation are continuing. REQUEST NO. 8: Please provide the names of people who on your behalf or at your request or with your permission gave testimony or presentations to any governmental body or agency with regard to the proposed regulation or control of goods containing asbestos and/or vermiculite. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Unknown. Discovery and investigation are continuing. REQUEST NO. 9: Please provide the name, job title, and last known address of all people employed by you whose job duties included managing or supervising the sales distribution and sales organization on a local, regional or national level, for asbestos and/or vermiculite containing goods manufactured, distributed, sold or installed by you. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Conwed did not have a sales distribution department or a sales organization specifically responsible for asbestos-containing ceiling tile. R.E. Sorensen, R.W. Williams and Fred Pugh may have information regarding national sales of ceiling tile. The following are names of local sales representatives: 11 T.R. Margenau 8130 South Marshall Court Littleton, Colorado 80123 Robert W. Lace 690 South Alton Way Apartment 4-C Denver, Colorado 80231 R.O. Marsh 5440 South Yosemite 303-771-9879 Broomfield 80020 G.A. Peterson 955 W. 4th Ave. 303-466-9785 Mr. Douglas (first name unknown) The name of any other sales people located in Colorado are unknown. Documents that may be responsive to this Request will be available for review upon request at a mutually agreeable time and location. Discovery and investigation are continuing. REQUEST NO. 10: Please provide the name, job title, and last known address of all people employed by you whose job duties included managing or supervising on a local, regional or national level, the installation or application asbestos and/or vermiculite containing goods installed by you. RESPONSE: Conwed objects to this Interrogatory as overly broad, vague and unduly burdensome. Notwithstanding said objection and subject to the Preliminary Statement and General Objections, Conwed responds as follows: Unknown. Discovery and investigation are continuing. REQUEST NO. 11: 12 TIME, DATE AND PLACE FOR TANGIBLE ITEM PRODUCT: On or before forty-five days following the date of service any items to be produced pursuant to the discovery requests herein should be produced to the offices of counsel for Plaintiff: Trine & Metcalf, P.C. 1435 Arapahoe Ave. Boulder, CO 80302 Dated this 12th day of July, 2002. BURG SIMPSON ELDREDGE & HERSH, P.C, Duly signed original is onfile at the offices ofBurg Simpson Eldredge Hersh & Jardine, P. C. and is availablefor inspection and/or copying upon request David P. Hersh, #13747 Diane Vaksdal Smith, #14340 Attorneys for Defendant Conwed 13 CERTIFICATE OF SERVICE I hereby certify that on this 12th day of July, 2002,1 served a true and correct copy of the above and foregoing RESPONSE OF DEFENDANT CONWED CORPORATION TO PLAINTIFF'S FIRST SET OF DISCOVERY REQUESTS TO ALL DEFENDANTS (03/28/02) electronically via Justice Link or via U.S. mail, postage prepaid thereon, to the following: J. Conard Metcalf, Esq. Trine & Metcalf, P.C. 1435 Arapahoe Ave. Boulder, CO 80302-6390 Bradley Levin, Esq. Roberts Levin & Patterson, P.C. Writer Square 1512 Larimer Street, Suite 950 Denver, CO 80202 Gary Clexton, Esq. King, Clexton & Feola, LLC 1670 York Street Denver, CO 80206 Shauna L. Hilgers, Esq. Law Office of Shauna Hilgers P.O. Box 1254 Arvada, CO 80001 Andrew Mihalick, Esq. Wheeler Trigg & Kennedy, P.C. 1461 Franklin Ave. Garden City, NY 11530 Michael O'Donnell, Esq. Wheeler Trigg & Kennedy, P.C. 1801 California Street, #3600 Denver, CO 80202 14 Steven M. Kaufmann, Esq. Morrison & Foerster, LLP Republic Plaza 370 17th Street, Suite 5200 Denver, CO 80202 Stephen L. Csajaghy, Esq. Rothgerber Johnson & Lyons 1200 17th Street Denver, CO 80202 David E. Tenner, Esq. Bond & Morris, P.C. 303 E 17th St., Suite 888 Denver, CO 80203 James M. Miletich, Esq. McConnell Siderius Fleischer Houghtaling & Craigmire LLC 2401 15th St., Suite 300 Denver, CO 80202 Maureen Witte, Esq. William W. Maywhort, Esq. Holland & Hart, PC 8350 E. Crescent Parkway, Suite 200 Englewood, CO 80111 Mary Price Birk, Esq. Ronald Hellbusch, Esq. Susah Hahn, Esq. Baker & Hostetler LLP 303 East 17th Street, Suite 1100 Denver, CO 80203 Peter Jones, Esq. Erin Asbomo, Esq. Hall & Evans, LLC 1200 17th Street, Suite 1700 Denver, CO 80202 Duly signed original is on file at the offices ofBurg Simpson Eldredge Hersh & Jardine, P. C. and is availablefor inspection and/or copying upon request 16 BURG SIMPSON ELDREDGE Fax:3037080527 Rug 1 2002 11=01 P. 01 VERIFICATION STATE OF NEW JERSEY p/ .COUNTY OF Uvk-yfcj ) )S6 ) Robert A, DePetris, being an officer of Conwed Corporation, and being duly sworn, deposes and states that he is an officer of Conwed Corporation, defendant in the aboveentitled cause and that he verifies the foregoing Response of Defendant Conwed Corporation to Plaintiff's First Set of Non-Party Interrogatories to All Defendants (03/28/02) for and on behalf of said Conwed Corporation and is duly authorized to do so. That none of the matters stated in the foregoing Response of Defendant Conwed Corporation to Plaintiffs First Set of Non-Party Interrogatories to All Defendants (03/28/02) are within the personal Knowledge of the deponent and that deponent is informed thatthere is no such officerofthe defendant, Conwed Corporation, who has personal knowledge of such matters. Thatthefacts stated In said Response of Defendant Conwed Corporation to Plaintiffs First Set of Non-Party Interrogatories to All Defendants (03/28/02) have been assembled by counsel of defendant. Conwed Corporation, through review of earlier responses to discovery requests which were assembled by former employees of Conwed Corporation, and Deponent is informed by counsel that the facts stated in said responses to discovery requests are true and correct to the best knowledge, information and belief of Conwed Corporation. 2002. #513474 MvcoMMisaiowexiw^iMiriKc^