Document Z66kVQ8dEZGoZEk67RvY8RZ8
FILE NAME: Calaveras (CALV)
DATE: 1998
DOC#: CALV017
DOCUMENT DESCRIPTION: Legal - Amended Answers to Standard Interrogatories
1 2929^
WAH- SBN 64692
DANIEL M, FUCHS, SBN 179033
2 ADAMS NYESINLNU - WALKER tL P
One lutoon Piece
3 633 BMWy Scat, 5th Floor
Sin Fttticsco, CaBform* 94111
4 Telephone: (415)982-8955
5 Attorneys far DefadM t CALAVERAS ASBESTOS, LTD.
s
7
PARA
attv
Cla ss
------ DECEIVED
OTHER
ale
HAY '2 1998
HLV,- . . . . HAHLEY C'.'RTIS HAt&l___Qliiui.tiL.rtT___ IAauL___
8
SUPERIOR COURT OP CALIFORNIA
a
IN AND FOR THE COUNTY OF SAN FRANCISCO
10
n #In re: Complex Asbestos Litigation
)
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IB ------------ -- ------------------------------------- )
No. $28684
AMENDED ANSWER OF DEPENDANT CALAVERAS ASBESTOS, LTD. TO STANDARD INTERROGATORIES (GENERAL ORDER 129)
17
COMES NOW, defendant C&Iev Asbestos, Ltd. (CALAVERAS") and in
18 (opanse m ptatarifEs' Standard Interrogatcries to Defendant (General Order 129), and
18 widiout waiving any o f to rights and objections, stairs as follows:
20 RESPONSE TO INTERROGATORY NO. 1 :
21
Daiyl Larsen.
22 RESPONSE TO INTERROGATORY NO. 2 ;
23 m Daiyl Larsen, 11/10T75- 19gg.
24
(a) Controller
25 RESPONSE TO INTERROGATORY NO. 3 :
2
NfA.
27 RRSPONSE TO INTERROGATORY NO. 4 :
28
No.
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1 RESPONSE TO INTERROGATORY NO. 5 :
2r
N/A.
3 RESPONSE t o in te r r o g a t o r y NO. 6 :
4
Limited partnership.
5 RESPONSE TO INTERROGATORY NO. 7 :
fl
Gordon Coats, c/o Atom Nyc *Simmu *Walker, 633 Battery Sl , Fifth Flow. San
7 Francisco, CA 94111.
a |
Wilbur Ellis Corporation, at the address known to counsel for Plaintiffs.
9
Calaveras Natural Resources lac., 10670 Campy Seen Road, Jamestown, CaHfnmia
10 95327.
11 RESPONSE TO INTERROGATORY NO, S :
12
AU existing records and documents, are located at Calaveras Asbestos Mines. P.O.
13 Bos 127, CopperopoBs, CA, 93228. Hie custodian of records for CALAVERAS is Daryl 14 Larsen. Arrangements to review any such existing documents should be made by contacting
16 Doughs G. Wab, counsel foe CALAVERAS.
19 RESPONSE TO INTERROGATORY NO. 9 ;
17
See CALAVERAS' RESPONSE TO INTERROGATORY NO. 8, iZKOtportted
18 herein as though M y set forth herein
19 RESPONSE TO INTERROGATORY NO. 10 :
26
CALAVERAS owned, operated, and maintained an asbestos mine from 1975 to 1987.
21 CALAVERAS mfeted, packaged, and sold RAW ASBESTOS. CALAVERAS did not hards 23 or contract to handle any amount of ASBESTOS-CONTAINING PROTHITTfgl at rtyir w m
23 Wdefined for purposes of this set of fctoipgatoriec. Accordingly, the rapatuc to this
24 interrogatory is limbed to tnfbrmstion rotting (o CALAVERAS'S handling of RAW 25 SBESTO&
79
(a) The person most knowledgeable about CALAVERAS'S only "aajuisition" of
27
RAW ASBESTOS, which was through mining that mitered, is Daryl Lanen, who
29
can he contacted by request to Douglas G. Wah, at a * ddres above.
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2 m m lUmHIS 3AH SIWW
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(b) CALAVERAS owned, operated, and mainranjod o asbestos min?;
Accordingly, even llmttifig the scope or this inteiTOgstoty to RAW ASBESTOS,
3
CALAVERAS respond* at no thne did it ever "use" RAW ASBESTOS in my sense
4
of Oat word, except as the sahstinrc was "used* in the process of minim
5
packaging the RAW ASBESTOS.
fi
fc) CALAVERAS hired onpioyew to none RAW ASBESTOS, and to package
7
and prepare the RAW ASBESTOS for sale. If that activity is within tire definition of
S
contracting with others to um or bandfc RAW ASBESTOS, then the percon most
9
fcwwiedgeable about CALAVERAS'S contracting with others to do work involving
10
use or handling of RAW ASBESTOS is Daryl Larsen, who can be contacted by
11
request to Douglas G, Wah, at the address above.
RESPONSE TO INTERROGATORY n o . I I :
CALAVERAS owned, operated, and maintained an asbestos mine fbom 1975 to 1987.
CALAVERAS mined, packaged, and add RAW ASBESTOS. CALAVERAS did not handle
or contract id handle any aro in t of ASBESTOS-CONTAINING PRODUCTis) a* that term
defined for putposes of tfcu sat of Interrogatories, and specifically was not involved in the
17 MARKETING of ASBESTOS-CCMVTAINING PRODUCTS. Accordingly, CALAVERAS'e
18 response to this latcrrogttoiy is limited to Identifying die medical director employed at its
19 mine for tire health and safety of its employees. Robert Hoyhnan was employed as the
20 director of Health and Safety from the beginning of CALAVERAS'S operations until
21 approtimatety 1980 or 1981. Thereafter, until CALAVERAS r>gw)| mining
the
n director of Health and Safety was Joey Taney. Mr. Hoylnun's current address and phone
23 number ire currently unknown to CALAVERAS. Mr. Toney's current address is P .0 Box
127, Copperopolu, CA, 95228,
RESPONSE TO INTERROGATORY NO. 12 : Yes.
27 9 $8 Exhibit *8", attached hereto and incorporated herein, which sets forth the 28 information responsive to this mlenDfahny.
W Wd
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0b:9I NOU 96-1 l-AW
1 RESPONSE TO INTERROGATORY NO. H :
Z
CALAVERAS owned, operated, and mainnfrnal an isbestr* mn* 1975 to 1957,
3 CALAVERAS mined, packaged, and Id RAW ASBESTOS. CALAVERAS did not lim ile
4 or contact to handle any amount of ASBESTOS-CONTAINING PRODUCTS) as that to n
5 Is defined for purposes of lids set of Inietrogsiorits, and specifically wai not involved in tir
fl MARKETING of ASBESTOS-CONTAINING PRODUCTS. CALAVERAS w*> m a te
7 of die Aibcsaii Intormrton Assodatoa'Nortli America at some point within the time y-TM-
defined by the facerrogatorics.
9 RESPONSE TO INTERROGATORY NO. 14
10
WA.
11 RESPONSE TO INTERROGATORY NO. IS :
12
No. CALAVERAS was not famed until 1975,
i t RESPONSE TO INTERROGATORY NO. 16 :
14
No. CALAVERAS was not fanned until 1975.
16 RESPONSE TO INTERROGATORY NO. 17:
16
No. CALAVERAS was not formed until 1975,
17 RESPONSE t o in t e r r o g a t o r y NO. 18 :
16 9 No. CALAVERAS was not famed until 1975.
19 RESPONSE t o INTERROGATORY NO. 19 :
20
Calaveras 1$aware that Gode Coats obtained information retarding th. objecte
21 from various sources including fohna-Manrille, as wed as various Federal, and local
22 agencies.
23
(a) CALAVERAS is unable to recall each company or individual with whom each
24
communication occurred, nor the specific dates o f iiieh coHununfcatkms.
25
CALAVERAS is aware that Gordon Coats obtained information from Cal-OSHA, the
26
Eavmnuncoal Protection Agency, the Department of interior Bureau nf Min, and
27
from Johns-ManviUe Corporation. He met with an individual employed by Jofans-
28
Manvilie named N o Hxfcy.
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W Information regarding ifae remit? of tests and/or studies relating to
<^pain> in the workplace or the Unman health consequences of exposure to asbestos
was obtained from approxanatciy July or August 1975 uuul October 1975. After
O o r ts 1975, CALAVERAS was periodically made aware of revisions re regulatory
revomnents pertaining to die handling and processing of asbestos.
(0 The custodian of records o f any iXKHJMENTS reflecting any obtaining of
information by CALAVERAS as to Oc subjects of this laoertogarery, if any east, is
Daryl la n e s, who can be reached by contacting Doughs G. Wah, at tbe address
rtove. Arrangements re review any such existing documents should be made by
r
.
contacting Doughs G. Wah, ccwud for CALAVERAS.
RESPONSE TO INTERROGATORY NO. 2 0 :
12
No.
13 r e s p o n s e t o INTERROGATORY n o . 2 1 :
14
No.
16 RESPONSE TO INTERROGATORY NO. 22 ;
16
No.
17 RESPONSE TO INTERROGATORY NO. 29 :
16
No.
19 RESPONSE TO INTERROGATORY NO. 24 :
20
Yea.
21 r
22
23 24 2 26 27 26 m
(*> Yes (b) Mandatory. (c) CALAVERAS states on information and belief that such dnrmyfffftn asL Cd) The custodian of aqy records for CALAVERAS which are responsive to thh rtenvprexy, if any exist, is Dyt Larsen. Arrangements to review any Rich existing doeuments should be made by contacting Douglas G. Wah. cooascl for CALAVERAS.
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*
1 RESPONSE TO INTERROGATORY NO. 2 5 1
2
No. CALAVERAS m s not formed antit 1973.
3 RESPONSE TO INTERROGATORY NO. 26 :
4
Yes. 1. Trade insurance Exchange, Policy # 11339097, $100,000.00 ;
5 2. Mid-Cenoiy lass*: Co., Policy #0271*0014, $400,000.00 ; 3. Track Insurance
6 Exchange Policy # 11559098, $3,000,000.00. The effective dates and the o f
1 covetage for each of die RJBowLng policies is unknown. Discovery and investigation are
8
9 RESPONSE TO INTERROGATORY NO. 27 :
10
No.
11 RESPONSE TO INTERROGATORY NO. 2 8 :
12 #
(a) 1/7$ -12/87
13
0) 1/76 - 12/87
14
lc> 1/76 - 12/87
(d) N/A "
1
(e) M/A
17
(f) 1/76 *12/87
18
<S> N/A
19
<W 11/75 - 12/87
zo
N/A
21 RESPONSE TO INTERROGATORY N O . j
22
(a) G d n e ru Asbestos Ltd.
23 2 29
<b) In December 1975 an amaom Of raw asbestos filer was exported oo a test basis. The first domestic sal of n v asbestos fiber by CALAVERAS occurred in January, 1976.
20
(o) December, 1987
(d) The grades of raw asbestos fa, before 1980 were: 4t, 5r, 3k, 6 r , , 7d, 7m, mid 7r. Alter 1980, only the following grades wet mined by CALAVERAS; 4t,
SZ/L0*d
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m m antinis m smkw
1K91 HOU 96-U' AW
1
5r and 6 1 Please see tie Material Safety Dali Sheet attached fa c to as
-a *.
ioCOfpOidted herein as though fWty set forth.
3
(e) Please see the Material Safety Data Sfcaet attached hereto as Exhibit 'A" and
4
f a reproduction of a CALAVERAS ptekage/coottiner attached hereto as Exhibit
s
"B*. Jneofporatod herein as though fully set forth.
6
(f) Cabmans A lettes products were intended for asbestos cement products.
7
is) No
5
<h) The custodian of a y records for CALAVERAS which am responsive to this
9
iatmogatory Is Daiyi Larsen. Arrangements w review any such existing documents
10
should be made by contacting Douglas G. Wah, counsel for CALAVERAS.
11
(i) The custodian of any records for CALAVERAS which a n responsive to this
12
tterrognory is Daryl Larsen. Arrangements to review any such existing dnm|rty*ni
13
shooM be made by contacting Douglas G. Wah, counsel for CALAVERAS.
74 R X l.tA i: TO INTERROGATORY NO- 3 0 1
15
No. CALAVERAS owned, operated, and maintained an asbestos mine aud only
16 supplied other entities with raw asbestos fibers. CALAVERAS did not manufacture, process
17 or wsembfc ASBESTOS CONTAINING PRODUCTS.
18 RESPONSE TO INTERROGATORY NO. 31
19
WA.
20 RESPONSE TO INTERROGATORY NO. 32 :
21
N/A.
22 RESPONSE TO INTERROGATORY NO. 33 ;
23
N/A.
24 RESPONSE TO INTERROGATORY NO. 34 : 25 0 No.
26 RESPONSE TO INTERROGATORY NO. 35:
27
No. CALAVERAS owned, operated, and maintained an asbestos mine aud only
28 supplied other entities with raw asbestos fibers. CALAVERAS did not tnaimfactnra, process
92/90`d
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1 or assemble ASBESTOS CONTAINING PRODUCTS.
2 RESPONSE t o in t e r r o g a t o r y n o . 36 J
3
No. CALAVERAS owned, operated, maintained an asbestos mine end only
4 r soppliKl other entities wife raw asbestos fiben. CALAVERAS did not manufacture, process
5 or assemble ASBESTOS CONTAINING PRODUCTS.
6 RESPONSE TO INTERROGATORY NO. 37 :
7
CALAVERAS owned, operated, and maintained an asbestos murn from 1975 to 1987.
8 CALAVERAS mined, packaged, and sold RAW ASBESTOS. CALAVERAS did not handle
9 or comma to bandk any amount of ASBESTOS-CONTAINING PRODUCT^) as teat tens
10 w defined for purposes of this set of Interrogatories. Accordingly' me following responses to
11 this interrogatory are itatted to mfbnnalion regarding RAW ASBESTOS:
12
Yes.
13
(A) through (D):
14
Tlte asbestos fiber wes pressure packed in scaled plastic bags, often ich! in
19 plwtfc shrink wrap inside urataiuers or track; foe fiber was sold under die mw* "Calaveras
16 Asbestos, Ltd." A n ts 1975 on, each bag of asbestos liber distributed by CALAVERAS had
17 primed on it the warm mandated by OSHA. Between 1975 sod approximately LMO or
1981, pursuant to OSEA requirements, tbc following wanting was printed on each t y
13
CAUTION
20 CoAovtouimd CArsebaetshtossDFuibsters
21
Breathing AibeetM Dust May Cause Serious Bodily Harm
22 Thewafler. each hag of asbestos fiber distributed by CALAVERAS had printed on it the
29 following wanting mandated by OSHA:
24
DANGER
29 CoAnvtaoiindsCArsebaetisntogsDFuibset rs
Cancer and Lmg Disease Hazard
27 The warning language was oa the fo n t of the beg a d w in black or brown or green or 29 blue letters Oft a white ground. Please see Exhibits "Cl* and *C2\ reproduction* of a*
t
9 2 ^ 0 'd
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8
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9 1 0 96-It-AW
1 warnings winch were printed and placed on each package Of container of CALAVERAS jaw
2 asbestos fiber wtridi left the facility, incorporated herein as though fUQy m fardi.
3"
w Grattan Coao. Arrangements id speak with Mr. Coats staikl be nude
4 by contacting Douglas G. Wah, counsel for CALAVERAS.
8 RESPONSE TO INTERROGATORY NO. 38 :
.r
CALAVERAS owned, operated, and maintained an asbestos minr and only
7 applied abler t i e s with raw asbestos fibers. CALAVERAS did not manufacture, proctt
8 or assemble ASBESTOS CONTADWO PRODUCTS.
9 r e spo n se t o nm stR O G A Tcm y n o . # :
10
No.
t l RESPONSE TO INTERROGATORY NO. 4 0 :
12|
No.
13 RESPONSE TO INTERROGATORY NQ. 4 1 ;
14
None.
15 RESPONSE TO fiTTERROGATORY NO. 42
TO
No.
17 RESPONSE TO IMERROGATORY NO. 4 3 :
IB r
N/A.
1 RESPONSE TO INTERROGATORY NO* 44 :
20
CALAVERAS Out became aware that there is an association between rahogiqw
21 exponue nod disease in bummi befogs in 1975.
22 RESPONSE TO INTERROGATORY NO. 4 5 ;
23
Various members Of CALAVERAS became aware r f an association between asbestos
24 ROW and disease in human befogs through varying meins, including, but not ItmM to
25 news media, television and radio repons, nswapapen. wntapcndcuce and ronumtnfcaifcn
28 wifo various manufoctraera, Federal, State and local apartes and publkatknK, and adentifie
27 and trade association publications.
CALAVERAS is aware that Gordon Coats became aware o f an
t
between
92/01 *d
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9
narmi nunnis aw swot
Ep:fll NOT 88-1t-AW
1 ubesam exposure and dwase in b u n a beings when he obtained infomution from Gd-
z QSHA, the Cuvliutuiienial Protection Agency, the Departmrac of Interior Bureauof Mix**,
3 and from Johm-Maaville Cotpreation. When meeting with an individual ompieycd by Jtims*
4 ManvUle named Noel Hendry, Mr. Coats read and sign! a doaiment rettfog that it had been
5 alleged that asbestos ccnU cmi bodily harm if not handled property.
6 RESPONSE TO INTERROGATORY NO- 46
7
The cuatcriian of any records for CALAVERAS which are responsive to this
9 interrogatory it Daryl Lanes. Arrangement* to review aty such existing documents should
9 jehe made by contacting Douglas G. Wah, counsel for CALAVERAS.
10 RESPONSE TO INTERROGATORY NO. 47 :
11
U) In 1975. CALAVERAS advised it# employees, both in writing and orally, that
12
poauie to asbestos mid be hazard to human health.
13
0) A good faith effort has been made to investigate whether documents that may
14
be responsive to this interrogatory still exist. CA1AVE&AS
its w t ^
15
Pteltiow In 1987. CALAVERAS states on information and belief that ume are
16
documents which relate to employee health. A review of those documents has not,
T7
thus hr, disclosed the comm of be actual warnings that were given to the
1
employees. The business records o f CALAVERAS may be
on request to
19
Doughs G. Wah. counsel for CALAVERAS.
20
^ ^ custod**n y records for CALAVERAS which are responsive to this
21
" rogatory, if any exht, is Dryi Larsen. Arrangements to review my such
22
existing documents should be made fay contacting Douglas G. Wah, TM"tH for
23
CALAVERAS.
24
(d) A See <b) above.
25 RESTONSE TO INTERROGATORY NO. 48 :
26
No.
27 BSPONSE TO INTERROGATORY NO. 49 r
26
Yes.
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2M228BSlfr XSH MW
10
H3T1WI nNIWIS BAH 3ftKW
tt:9 1 HOW 96-11-AW
RESPONSE TO INTERROGATORY NO. 5Q:
On oitfy one occasion was CALAVERAS cited for or otherwise charged by a public
agency with a violation in Or GEOGRAPHIC AREA for any statute, ordinance. safety
*****' reSubltion' * pertaining to b est exposure. Sec Exhibit "D* te eto , *>---f
5 *nd tacoipomed herein. as though lolly x t forth.
e
{*> CALAVERAS was charged with a violation o f the visible duet regulation*,
/
(b) Approxknately 1985.
(*) Environmental Protection Agency.
(d) Gordon Coats: Counsel for CALAVERAS; United Stales Environmental
Ftotection Agency, and counsel fbr tbe EPA.
r
^ Judgment was entered in feror of CALAVERAS, mvduiKarily dismissing the
plaintiff on the merits and awarding costs to CALAVERAS.
RESPONSE TO INTERROGATORY NO. J I : N/A.
l i | RESPONSE TO INTERROGATORY NO. 52 i N/A.
RESPONSE TO INTERROGATORY NO. 53 : Yc*.
CALAVERAS mcotpontei facxdn the documents responsive is this toerrogatoiy,
which have been previously provided to counsel for plaintiffs. T te custodian of any records
21 ft CALAVERAS which arc lEsiunivc to this interrogatory is Daryl Larsen. AnMfcemerts 22 to review such existing documents should be node by contacting Douglas G. Wab,
23 Ib r CALAVERAS.
24 DATED: M ay 11, 1998
25 2 27
28 OAMrAttuuMiOOTiana
ADAMS NYE SNUNTJ *WALKER LLP
Daniel M. Fuchs Attorneys for Dcftnflact CALAVERAS ASBESTOS, LTD.
92/21M
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