Document ZJw5OkZKjkMv6bLjZ5axKmQJL

CAUSE NO. 00-06-09976CV KNOX EUGENE MANFORD and MADELEINE MANFORD, Plaintiffs, vs. IN THE DISTRICT COURT BROOKS COUNTY, TEXAS GAF CORPORATION, et al., Defendants, 79th JUDICIAL DISTRICT DEFENDANT KJTEX INDUSTRIES, INC.'S RESPONSES AND OBJECTIONS TO PLAINTIFFS* FIRST REQUEST FOR PRODUCTION TO: Plaintiffs, by and through their attorney of record William K. Tapscott, Jr., Baron & Budd, P.C., 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281. COMES NOW Defendant UTEX Industries, Inc. and serves the following Responses and Objections to Plaintiffs' First Request for Production, Respectfully submitted, JAMES D, STANTON State Bar No. 19053260 ERIC W. MCNEIL State Bar No, 13830320 THE LAW OFFICES OF JAMES D. STANTON Turtle Creek Centre 3811 Turtle Creek Boulevard, Suite 450 Dallas, Texas 75219 Telephone: (214) 559-3232 Facsimile: (214) 559-0777 ATTORNEYS FOR DEFENDANT UTEX INDUSTRIES, INC. DEFENDANT UTEX INDUSTRIES, INC.'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION F:\LITU 16\14\Ans.RPP.wpd Dcrtrn/rn time &iifi a o./apm Page I CERTIFICATE OF SERVICE I certify that a true and correct copy ofthe foregoing document has been served on Plaintiffs' counsel of record via fax and edified mail, return receipt requested, and all other counsel ofrecord, via regular mail, on tills the day of August, 2001. JAMES D, STANTON ERIC W. MCNEIL DEFENDANT UTEX INDUSTRIES, INC.'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST REQUEST FORPRODUCTION P:\LITU16\14\An3.RPP.wpd rvrnr twrt\ TIMC Allfi 0 . <4 ADM Page 2 REQUESTOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: Identify and produce the names ofany companies or businesses who supplied Defendant UTEX (or predecessor Universal Packing and Gasket; hereafter "Defendant") with asbestos containing products or materials that were either used in Defendant's manufacturing processes or were distributed by Defendant, RESPONSE: Defendant refers Plaintiffs to the documents labeled UTBX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001160 which are being produced herewith, In addition to tire responsive documents produced herein, Defendant provides the following information: During the relevant lime period, Defendant purchased asbestos sheet packings from several companies, including the following: 1, Richard Klinger Inc., 2350 Campbell Rd., Sidney, OH 45365. 2, Thermoseal Inc,, 2350 Campbell Rd,, Sidney, OH 45365. 3, Durabla Manufacturing Company, 140 Sheree Blvd., Lionville, PA 19431 and/or Durabla Canada, Ltd,, 293 University Ave., Belleville, Ontario, Canada. 4, Prudential Supply Corporation, New York, NY (company that imported products of Asberit Ltda., Rio de Janeiro, Brazil). 5, Sepco Corporation, Birmingham, AL. 6, Gat'ke Corporation, Warsaw, IN. 7, Nicolet Industries, Philadelphia, PA. 8, Johns-Manville Sales Corporation, Houston, TX, During the relevant time period, Defendant purchased other types of asbestos packings from several companies, including the following: 1. Sepco Corporation, Birmingham, AL. 2. Prudential Supply Corporation, New York, NY (company that imported products of Asberit Ltda., Rio de Janeiro, Brazil). 3. Greene, Tweed & Co,, 2075 Detwiler Road, Kulpsville, PA 19443. 4. Parker Hannifm Corporation, 6035 Parkland Blvd,, Cleveland, OH 44124. 5. Phelps Industrial Products, Inc., 6300 Washington Blvd., ELkridge, MD 21075. 6. Delaware Valley Pkg. & Rubber, Chester, PA. 7. Mario Company, Newtown, CT. DEFENDANT UTEX INDUSTRIES, INC.'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION P:\LIT\116\14\Ans.RFP.wp(J Page 3 Defendant purchased asbestos wick and asbestos rope from several companies, including the following: 1. Amatex Corporation, 1032 Stanbridge St., Norristown, PA 19404. 2. Southern Textile Corporation (n/k/a Darco Southern, Inc,, 253 Darco Drive, Independence, VA 24348). REQUEST FOR PRODUCTION NO. 2: Identify and produce any contractual agreements for supply or indemnification between Defendant and third party companies or businesses who supplied Defendant with, asbestos containing products or materials that were either used in Defendant's manufacturing processes or were distributed by Defendant. RESPONSE; Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 3: Identify and produce any copies ofinsurance Defendant claims could potentially cover any liabilities resulting front exposure to asbestos containing products and/or materials made by or distributed by Defendant in this case. BEgPONSE: Defendant refers Plaintiffs to the documents labeled UTEX 000328 - 000943 which are being produced herewith. DEFENDANT UTEX INDUSTRIES, INC.'S RESPONSES AND OBJECTIONS TO PLAINTIFFS' FIRST REQUEST FOR PRODUCTION P:\UTU 16\I4\Ajis.RFP.wpd n r a r r ur r\ T TUT AHA t f\ . A AMI Page 4 CAUSE NO. 0Q-06-09976CV KNOX EUGENE MANFORD and MADELEINE MANFORD, Plaintiffs, VS. GAF CORPORATION, et al,, Defendants. 8 IN THE DISTRICT COURT BROOKS COUNTY, TEXAS 79th JUDICIAL DISTRICT DEFENDANT UTEX INDUSTRIES. INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS* REQUESTS FOR PRODUCTION TO: Plaintiffs, by and through their attorney of record William BC, Tapscott, Jr., Baron & Budd, P.C,, 3102 Oak Lawn Avenue, Suite 1100, Dallas, Texas 75219-4281. COMES NOW Defendant UTEX INDUSTRIES, INC. and, pursuant to-the Texas Rules of Civil Procedure, serves these Second Supplemental Responses to Plaintiffs' Requests for Production, ERIC W. MCNEIL State Bar No. 13830320 THE LAW OFFICES OF JAMES D. STANTON Turtle Creek Centre 3811 Turtle Creek Boulevard, Suite 450 Dallas, Texas 75219 Telephone: (214) 559-3232 Facsimile: (214) 559-0777 ATTORNEYS FORDEFENDANT UTEX INDUSTRIES, INC. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITM 16\14VSupp2,Ans.Pwduciion.wpd nr/M-iwrn tihc a He (. 0. /1ADU -Pa,,e , CERTIFICATE Off SERVICE I certify that a true and correct copy ofthe foregoing document has been served on Plaintiffs' counsel ofrecord via fax and certified mail, return receipt requested, on this tire day of August, 2001. Jj^MES D. STANTON ERIC W. MCNEIL DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\L1TU J 6U 4\Supp2.Ans,Produccion.\vpd Dtrrm/cn True aha a oaapm Page 2 REQUESTS FOR PRODUCTION REQUEST FDR PRODUCTION NO. li Produce any and all documents (memoranda and/or other writings, including but not limited to books, pamphlets, or other written materials of any kind or character) in your possession, custody or control which would indicate that asbestos fibers, when inhaled, can be hazardous to the health ofhuman beings. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents being produced herewith, SECOND SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs5 Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 2: Produce any and all documents (memoranda and/or otherwritings) in your possession, custody or control that in any way relate to the hazards ofasbestos and/or airborne asbestos. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant refers Plaintiffs to the documents being produced herewith, DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\UTUI S\14\Supp2.Ans.Produetioiuvpd Page 3 nr at i wcr\ t t ur Aiie c 0.AftDM SF.COND SUPPLEMENTALJRESPONSJEl Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO, Produce any and all documents in your possession, custody or control which were disseminated or published by any person, trade association or organization of any type and that contain information relating to the hazards of asbestos and/or airborne asbestos. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents being produced herewith, SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 00032$ - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 4: Produce any and all documents that indicate and/or refer to in any way a decision and/or discourse related to ceasing the manufacture of asbestoscontaining products by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead .to the discovery of DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\UTUl6\I4\Suppi.Ans.Produoiion.\vjjd Page 4 omnvpft timp Alifi a admissible evidence, Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufacturein that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SirPPLEMENTALJRRSPONSE:. Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FORPRODUCXIQNNO. Produce any photographs of asbestos products manufactured by Defendant in place or being used, fabricated and/or utilized. RESPONSE: Defendant objects to this Request on fee grounds feat it is vague, ambiguous, overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on fee grounds that it seeks information feat is neither relevant nor reasonably calculated to lead to the discovery ofadmissible evidence. Defendant further objects to this Request on the grounds feat it is ambiguous and misleading wife respect to the term "manufactured," in feat the definition offered by Plaintiffs does not represent the commonly understood meaning offee term. Defendant further objects to this Request on fee grounds feat it assumes facts not in evidence, namely feat Defendant manufactured asbestos products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no photographs responsive to this Request DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS'REQUESTS FORPRODUCTION . P:\UTU16U4\Supp2.Ans.Production.\Ypd nr^nuch true aJi/l c 0./I ft DM Page 5 REQUEST FORPRQPTICTIONjm, 6: Produce any actual warning signs, labels, or photographs of warning signs or other statements distributed with or placed on the packaging of asbestos containing products manufactured by Defendant at any time during the last fifty-five (55) years. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents or items responsive to this Request. REQUEST FOR PRODUCTION NO. 7: Produce any documents which indicate in any way that individuals claimed injury to their lungs as a result of exposure to asbestos containing products manufactured by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning offile term. Defendant further objects to tliis Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. Defendant further objects to this Request on the grounds that it is vague, and fails to specify with sufficient particularity the documents sought. DEFENDANTUTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR. PRODUCTION P:\LIT\I 16\t4\Stipp2.Alis.ProductIon.wpd RFmVFn TIMF Allfi f, 0`WM REQUEST FOR PRODUCTION NO, & Produce any documents, minutes or other notes or records from, any meetings at which the hazards and/or potential hazards of asbestos were discussed by officers, agents, and/or employees ofDefendant, RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 9: Produce any and all documents, including invoices, shipping receipts, bills of lading, purchase orders, or other documents of a similar nature related to the sale, distribution, or purchase of asbestos-containing products from Defendant by Jones & Laughlin Supply Co. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 10: Produce any and all documents, including invoices, shipping receipts, bills oflading, purchase orders, or other documents of a similar nature related to die sale, distribution, or purchase of asbestos-containing products from Defendant by Fluor Supply Co. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LIT\1 ).6\14\Supp2.AnsJ?toduolton.wpd Page 7 DCPClVCn TIMC AilR k l-AAPM first supplemental.response: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 11: Produce any and all documents, including invoices, shipping receipts, bills of lading, purchase orders, or other documents ofa similar nature related to the sale, distribution, or purchase of asbestos-containing products from Defendant by Oil Field Supply Co. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPFUEMENXAU RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 12: Produce any and all documents, including invoices, shipping receipts, bills of lading, purchase orders, or other documents of a similar nature related to the sale, distribution, or purchase of asbestos-containing products from Defendant by Newman Brothers Drilling. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope., Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITM16\14\Supp2.Ans.PtodiictionAVpd BEf'dVFn TIMF Aim A 0.AOPM Page 8 REQUEST FOR PRODUCTION NO. 13: Provide a copy ofall invoices, purchase orders, agreements, contracts, correspondences, telefaxes, telexes, and/or documents of any type passing between this Defendant and any other entity regarding the acquisition, ordering, purchasing, supplying, removal or distribution of asbestos-containing products from Defendant by Jones & Laughlin Supply Co. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on die grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, FIRST SUPPLEMENTADRESPONSEi Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request REQUEST FOR PRODUCTION NO, 14: Provide a copy ofall invoices, purchase orders, agreements, contracts, correspondences, telefaxes, telexes, and/or documents of any type passing between this Defendant and any other entity regarding the acquisition, ordering, purchasing, supplying, removal or distribution of asbestos-containing products from Defendant by Fluor Supply Co. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. IS: Provide a copy ofall invoices, purchase orders, agreements, contracts, correspondences, telefaxes, telexes, and/or documents of any type passing between this Defendant and any other entity regarding die acquisition, ordering, purchasing, supplying, removal or distribution of asbestos-containing products from Defendant by Oil Field Supply Co. DEFENDANT UTEX .INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:U,tT\I16\14\Supp2.Ans.ProiIuoiion.\vpd Page 9 Dcncrwcn time aiia k o.aapm RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPOKSEi Subject to and without waiving die foregoing objections, Defendant has no documents responsive to this Request, REQUEST FOR PRODUCTION NO. 16; Provide a copy ofall invoices, purchase orders, agreements, contracts, correspondences, telefaxes, telexes, and/or documents of any type passing between this Defendant and any other entity regarding the acquisition, ordering, purchasing, supplying, removal or distribution of asbestos-containing products from Defendant by Newman Brothers Drilling. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving die foregoing objections, Defendant has no documents responsive to this Request, REQUEST FOR PRODUCTION NO. 17; Produce any and all documents reflecting in any way any inspections by labor inspectors, insurance company inspectors or anyone from Defendant's company or hired by Defendant where asbestos-containing products manufactured by Defendant were being used or installed and that included die talcing or measure of "dust counts." RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITU 16\14\Supp2_Ans.Production,wpd Page 10 Dcrnucn time aha a o./iAPM the commonly understood meaning of the term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 18; In the event that Defendant performed or had performed any dust level counts with respect to asbestos dust produce any documents drat in any way reflect or discuss the results of such studies or counts and actions, or potential actions, if any, taken as a result of such counts or studies. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no documents xesponsive to this Request. SECOND SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 19; Please provide all documents referred to in answering Plaintiffs' Interrogatories propounded to the Defendant, identifying with specificity which documents were used to answer which interrogatories. DEPENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL- RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LIT\116\14\Supp2.AnsJtoduction.\vpd Page 11 DOCIl/cn TIMC flllft (, 'I.A/\DU RESPONSE; Defendants incorporates by reference its objections to all of Plaintiffs' Interrogatories propounded in this case. Defendant further objects to this Request on the grounds that it is vague and ambiguous, and fails to specify with sufficient particularity the documents sought. FIRST SUPPLEMENTALJRESPONSE: Subject to and without waiving the foregoing objections. Defendant refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 20; As to all such potential legal entities who are not now a party to this lawsuit, such as suppliers of Defendant's bulk asbestos, but who may be responsible for the incident in question, please provide: A, All documents tending to establish such liability; and, B. A list of all tangible items or things that may be reviewed tending to establish such liability, along with their location and the identify ofthe person to contact to view such tangible things. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is vague and ambiguous, and fails to specify with sufficient particularity the documents and tangible items sought SECOND SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections. Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to hie documents labeled UTEX 000328 - 001165 which are being produced herewith. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P;\L1TU I<5\14\Supp2.Ans.Production.wpil Page 12 RFmVPf) TIMF AUG. f>. 9:40PM REQUEST FOR PRODUCTION NO. 21t your present net worth may be ascertained. Provide a copy of all documents from which RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, and seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that responding would subject Defendant to unnecessary harassment, annoyance, and invasion of its constitutional, privacy and property rights. REQUEST FOR PRODUCTION NO. 22: Provide a copy of all documents regarding safely, safely training and/or safety meetings provided to or for the benefit of Plaintiff and other workers for the proper handling and use of asbestos or asbestos-containing products manufactured and/or distributed by Defendant. Include any documents given out at such safety meetings and copies ofthe minutes ofor notes from all safety meetings or training sessions for the last fifty (50) years. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on die grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 23: Provide a copy of all Defendant's safely and policy manuals regarding the use of or exposure to asbestos-containing products from 1940 to the present. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time ox scope. Defendant further objects to this Request on the grounds that it seeks information that DEFENDANTUTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FORPRODUCTION P:\LITU 16\14\Supp2,Ans.Production,\vptl Page 13 nr/'ciwcn Tine aiic l O.AADM is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 24: Provide a copy of all reports, investigations, transcripts, memoranda, correspondence and/or documents of any type you received from, or sent to any city,' county, state, or federal entity, including but not limited to the EPA, NIOSH, NEEHS or OSHA. regarding either the potential health hazards or dangers associated with exposure to asbestos- containing products or airborne asbestos, and/or regarding any surveys, testing or other actions taken to determine the presence ofand concentration ofairborne asbestos caused by handling and installing asbestos containing products manufactured by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly -understood meaning ofthe term, Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LIT\I l6\l4\Supp2,Am.Pro(luctioruvpd RFP.FIVFH TIMF A11 ft O'lm Page 14 REQUEST FOR PRODUCTION NO.35: Provide a copy of any and all photographs or video recordings, sketches, drawings, or pictures in Defendant's custody or control or that of your attorney, or of any agent or representative of you or your attorney, whether made as part of die reports of experts or made by you, your attorney, or persons acting as your agents or representatives, and pertaining to any asbestos-containing products manufactured by Defendant Request is hereby made for one print of each photograph or video recording produced in response to this request. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning of the term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. Defendant further objects to this Request on the grounds that it is vague, and fails to specify with sufficient particularity the tangible items sought. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no photographs or video recordings responsive to this Request, but refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 26: Any models, visual aids, experiments, documents or other writings or any items of demonstrative evidence prepared or preserved by you, your attorney, your experts, or any other person acting on your behalfthat will or may be used in the trial ofthis lawsuit. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LIT\116\14\Supj>2,ATis.t'roduciion.wpiJ RRIFIVFD TIMF Allfi A 9 ArtPM Page 15 RESPONSE: Defendant further objects to this Request on the grounds that it is overly broad, and fails to specify with sufficient particularity the documents and tangible items sought Subject to and without waiving this objection, Defendant will agree to exchange trial exhibits with Plaintiffs at an appropriate time before trial. FTRST SUPPLEMENTAL RESPONSE: Subject to and without waiving die foregoing objections. Defendant refers Plaintiffs to the documents being produced herewith. SECONPSUPPLEMENTAL_RESPON.SE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 27: Copies of all depositions of any person previously employed by you specifically including, but not limited to Defendant or Defendant's employees, representatives, or agents, taken in connection with any alleged asbestos exposure to asbestos containing products manufactured by Defendant. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured " in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR. PRODUCTION P;\UT\l 16\! 4\Supp2.Ans.l?roduction.wpd RPmVtn T IMP Allfi 0 /I ft PM Page 16 REQUEST EON PRODUCTION NO. 28; Provide a copy of each and every document (including all reports, memos, photographs, statements and any material collected or acquired ofany investigation, and all correspondence between Defendant and Defendant's insurer, and any reports, notes or any other documents regarding testing, examinations, inspections, or opinions related in any way to asbestos or any other communication from any individual or entity to Defendant, Defendant's insurer or any agent or representative ofDefendant or Defendant's insurer concerning this incident or any injuries or disabilities allegedly resulting therefrom) in Defendant's possession or control, or that of Defendant's insurer, health insurer, disability insurer, liability insurer, or other insurer, relating to Defendant's claim or the investigation ofthis incident by Defendant, Defendant's insurer, or any individual or entity engaged for such a purpose. ' RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence, Defendant further objects to this Request on the grounds that it is vague and ambiguous with respect to the terms "Defendant's claim" and "this incident" REQUEST FOR PRODUCTION NO. 29: Provide copies of any and all safety standards, regulations, rules or code's pertaining in any way to asbestos or inhalation of toxic fumes or substances, whether promulgated by government or private industry, or Defendant from 1940 to the present. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000328 - 001166 which are being produced herewith. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITU I6\14\Supp2.An5,Pro<liiction,\ypd Page 17 PFmVPn TIMP AII0 A O-AIIPM "REQUEST FOR PRODUCTION NO. 30; Provide a copy ofany and all contracts and/or agreements ofany land (iforal, reduce the agreement to writing) made by Defendant to supply masks and/or other safety equipment to purchasers of asbestos containing products manufactured by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term ^manufactured," in drat the definition offered by Plaintiffs does .not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 31; Provide copies of any and all documentation which in any way relates to the transport and distribution of asbestos containing products manufactured by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on tire grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe terra. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. Defendant further objects to this Request on the grounds that it is vague, and fails to specify with sufficient particularity the documents sought DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITU16U4\Siipp2.Ans.ProducrioiuYpd PPPFrvpn TIMF Allfi fi O-AAPM Page i 8 FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections. Defendant refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE! Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 00032S - 001166 which are being produced herewith, REQUEST FOR PRODUCTION NO. 32: Provide copies or reproductions of any and all advertisements of asbestos containing products manufactured by Defendant, including, but not limited to, posters, flyers, magazines or newspaper advertisements, and audio or video recordings of radio or television commercials. RESPONSE? Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning oftire term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 33: Provide photographs ofall asbestos containing products identified in Defendant's response to Interrogatory No. 20. RESPONSE: Defendant incorporates by reference its objections to Interrogatory No. 20, DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITUl6\14\Supp2.Ans.Production.\vpd Page 19 nrr>rrum TJMC AI1C (. O.yiADM FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no photographs responsive to this Request. REQUEST FOR PRODUCTION NO. 34; Provide copies of all articles or other publications identified in Defendant's response to Interrogatory No. 22. RESPONSE; Defendant incorporates by reference its objections to Interrogatory No. 22. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving its previous objections. Defendant states that it has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 35; Provide copies ofthe results ofall product tests identified in Defendant's response to Interrogatory No. 24. RESPONSE: Defendant incorporates by reference its objections to Interrogatory No, 24. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:VLITU I6\I4\Supp2.Ans.Production.wpd DD'civcn timc Alia a i./inpy Page 20 REQUEST FOR PRODUCTION NO.J25: Provide a copy of any and all photographs or video recordings, sketches, drawings, or pictures in Defendant's custody or control or that of your attorney, or of any agent or representative of you or your attorney, whether made as part of die reports of experts or made by you, your attorney, or persons acting as your agents or representatives, and pertaining to any asbestos-containing products manufactured by Defendant Request is hereby made for one print of each photograph or video recording produced in response to this request RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning of the term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. Defendant further objects to this Request on the grounds that it is vague, and fails to specify with sufficient particularity the tangible items sought. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no photographs or video recordings responsive to tills Request, but refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 26: Any models, visual aids, experiments, documents or other writings or any items of demonstrative evidence prepared or preserved by you, your attorney, your experts, or any other person acting on your behalfthat will or may be used in the trial ofthis lawsuit. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P;\LIT\116\14\Supp2.Ans.Pro<IuctIon.Wp3 RFOFIVFD TIMF Allfi k 9 AftPM Page 15 RESPONSE: Defendant further objects to this Request on the grounds that it is overly broad, and fails to specify with, sufficient particularity the documents and tangible items sought. Subject to and without waiving this objection, Defendant will agree to exchange trial exhibits with Plaintiffs at an appropriate time before trial, ETRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to the documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST EOR PRODUCTION NO. 27: Copies of all depositions of any person previously employed by you specifically including, but not limited to Defendant or Defendant's employees, representatives, or agents, taken in connection with any alleged asbestos exposure to asbestos containing products manufactured by Defendant. RESPONSE; Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on tire grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no documents responsive to this Request. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR. PRODUCTION P;YLIT\116U 4\Supp2.Ans.Production.\vpd PPOP IV/FD TIMP illft (, O./lflPM Page 16 REQUEST FOR PRODUCTION NO. 28! Provide a copy of each and every document (including all reports, memos, photographs, statements and any material collected or acquired ofany investigation, and all correspondence between Defendant and Defendant's insurer, and any reports, notes or any other documents regarding testing, examinations, inspections, or opinions related in any way to asbestos or any other communication from any individual or entity to Defendant, Defendant's insurer or any agent or representative ofDefendant or Defendant's insurer concerning this incident or any injuries or disabilities allegedly resulting therefrom) in Defendant's possession or control, or that of Defendant's insurer, health insurer, disability insurer, liability insurer, or other insurer, relating to Defendant's claim or the investigation ofthis incident by Defendant, Defendant's insurer, or any individual or entity engaged for such a purpose. ' RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduLy burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is vague and ambiguous with respect to the terms "Defendant's claim" and "this incident." REQUEST FOR PRODUCTION NO. 29: Provide copies of any and all safety standards, regulations, rules or code's pertaining in any way to asbestos or inhalation of toxic fumes or substances, whether promulgated by government or private industry, or Defendant from 1940 to the present. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. SECOND SUPPLEMENTAT, RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000328 - 001166 which are being produced herewith. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS* REQUESTS FORPRODUCITON P:\LITU I6U4\Sttpp2.Ans.Prctdactton.wpd Page 17 QFftF I VFfl TIMF 611ft 6 AftPM REQUEST FOR PRODUCTION NO, 30; Provide a copy ofany and all contracts and/or agreements ofany land (iforal, reduce die agreement to writing) made by Defendant to supply masks and/or other safety equipment to purchasers of asbestos containing products manufactured by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term ``manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 31: Provide copies of any and all documentation which in any way relates to the transport and distribution of asbestos containing products manufactured by Defendant. RESPONSE: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured" in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. Defendant further objects to this Request on die grounds that it is vague, and fails to specify with sufficient particularity the documents sought. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' BEQUESTS FOR PRODUCTION P:\LIT\116\I^Supp2,Ans.Prodiiction.\Ypd PF/'FIVFD TIMF Allfi k -MAPM Page 18 FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents being produced herewith. SECOND SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections, Defendant refers Plaintiffs to the documents labeled UTEX 000001 - 000327 which were produced with its First Supplemental Responses to Plaintiffs' Requests for Production, and to tire documents labeled UTEX 000328 - 001166 which are being produced herewith. REQUEST FOR PRODUCTION NO. 32: Provide copies or reproductions of any and all advertisements of asbestos containing products manufactured by Defendant, including, but not limited to, posters, flyers, magazines or newspaper advertisements, and audio or video recordings of radio or television commercials. RESPONSE;: Defendant objects to this Request on the grounds that it is overly broad, unduly burdensome, and not reasonably limited in time or scope. Defendant further objects to this Request on the grounds that it seeks information that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence. Defendant further objects to this Request on the grounds that it is ambiguous and misleading with respect to the term "manufactured," in that the definition offered by Plaintiffs does not represent the commonly understood meaning ofthe term. Defendant further objects to this Request on the grounds that it assumes facts not in evidence, namely that Defendant manufactured asbestos containing products. FIRST SUPPLEMENTAL RESPONSE; Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. REQUEST FOR PRODUCTION NO, 33; Provide photographs ofall asbestos containing products identified in Defendant's response to Interrogatory No. 20. RESPONSE: Defendant incorporates by reference its objections to Interrogatory No. 20. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITU 16U4\Supp2.Ans.Production.wpd Page IP FIRST SUPPLEMENTAL-RESPONSE; Subject to and without waiving the foregoing objections, Defendant has no photographs responsive to this Request. REQUEST FOR PRODUCTION NO. 34; Provide copies of all articles or other publications identified in Defendant7s response to Interrogatory No. 22. RESPONSE; Defendant incorporates by reference its objections to Interrogatory No. 22. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving its previous objections. Defendant states that it has no documents responsive to this Request. REQUEST FOR PRODUCTION NO. 35: Provide copies ofthe results ofall product tests identified in Defendant's response to Interrogatory No. 24. RESPONSE: Defendant incorporates by reference its objections to Interrogatory No. 24. FIRST SUPPLEMENTAL RESPONSE: Subject to and without waiving the foregoing objections. Defendant has no documents responsive to this Request. DEFENDANT UTEX INDUSTRIES, INC.'S SECOND SUPPLEMENTAL 'RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION P:\LITU 16\I4\Supp2.Ans.Pxoducdon,wpd otrr'ciwcn Tiur aha a T./tAPM Pa2e 20