Document a4mQwQBVrD7L88J9D9xGwQbjN

FILE NAME Kaiser Gypsum KG DATE 1998 DOC KG108 DOCUMENT DESCRIPTION Legal - Response to Plaintiff's 1st Set of Interrogatories & Request for Production of Documents 2 3 4 5 6 7 IN THE SUPERIOR COURT OF WASHINGTON 8 FOR KING COUNTY 9 10 SYLVIN W. PICKNER and EVELYN I. ) 11 PICKNER a married couple Plaintiffs ) 13 V. ) 14 OWENS CORNING et al ) ) 15 Defendant ) 16 No. 98-2-09390-1 SEA _ KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 17 PROPOUNDING PARTY SYLVIN W. PICKNER and EVELYN I. PICKNER 18 RESPONDING PARTY | 19 KAISER GYPSUM COMPANY INC PRELIMINARY STATEMENT 20 No single person associated with Kaiser Gypsum has the knowledge necessary to supply every 21 answer to these interrogatories and request for production and a number of individuals who might have 22 had personal knowledge of the matters addressed by these interrogatories are either deceased or no 23 longer employees of Kaiser Gypsum 24 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF - DOCUMENTS 1 ORIGINAL ORIGINAL ORIGINAL ORIGINAORIGLNAL ORIGINAL ORIGINAL S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 Further Kaiser Gypsum objects to these interrogatories on the grounds that they are vague 2 ambiguous overbroad as to time scope products and location not in issue and seek information not 3 relevant to the issues in this lawsuit 4 Without waiving said objections and in the interest of full disclosure Kaiser Gypsum responds 5 solely with regard to its Seattle facility and with regard to products identified by plaintiff 56 Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject matter of these interrogatories and reserves its right to supplement these interrogatory responses as may be necessary if and when such further information becomes available 3 INTERROGATORY NO 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 State your full legal name date of incorporation principle place of business and whether you are a private or public corporation RESPONSE Kaiser Gypsum Company Inc. was incorporated on December , 1952 in the State of Washington Its principal place of business is Pleasanton California and it is a privately held corporation INTERROGATORY NO 2 For each year between 1950 and 1978 identify your officers and directors RESPONSE we, Kaiser Gypsum objects to this interrogatory on the grounds that it is vague burdensome ambiguous and overbroad as it contains years when Kaiser Gypsum was not doing business and thus it is not reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections Kaiser Gypsum responds see Exhibit A attached hereto INTERROGATORY NO 3 Please relate your corporate history from 1948 to the present including but not limited to any mergers acquisitions name changes or incorporations or secession of business operations RESPONSE KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Scattle Washington 98111-3926 206 628-6600 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and 2 overbroad as it contains years when Kaiser Gypsum was not doing business and thus it is not 3 reasonably calculated to lead to the discovery of admissible evidence Without waiving said objections 4 Kaiser Gypsum responds S Kaiser Gypsum was organized and incorporated in 1952. On June 19 1952 Permanente Cement 6 Company later known as Kaiser Cement Corporation formed a wholly owned subsidiary named Kaiser 7 Gypsum Company On December 1 1952 Kaiser Gypsum Company was merged with Pacific Coast 8 Cement Company a Washington corporation and another subsidiary of Permanente Cement Company 9 At the time of the merger Pacific Coast Cement Company had no assets or operations The name of the combined company was then changed to Kaiser Gypsum Company Inc. In 1978 Kaiser Gypsum Company Inc. ceased all business operations INTERROGATORY NO 4 Have you at any time engaged in the sale of a product which contained asbestos fibers If so please identify a the names of your entities selling each of those products b the trade or brand name of each asbestos containing product sold by you c the dates each product was manufactured or sold d a description of each product including the type and percentage of asbestos contained in said product e how each product was packaged and f your gross sales of each asbestos containing product between 1950 and 1978 RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and overbroad as it seeks information about types of products and places not at issue in this litigation and years when Kaiser Gypsum was not in business Thus this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence As to subsection f Kaiser Gypsum objects to this on the grounds that it is unduly burdensome harassing and not reasonably calculated to lead to the KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 3 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 1 discovery of admissible evidence Further Kaiser Gypsum responds that it does not possess complete 2 information for its Seattle facility for said years 3 Without waiving said objections Kaiser Gypsum responds that the following products which Fe contained asbestos fibers for various periods of time were manufactured at its Seattle facility 5 1. Joint Compound Powder 6 This product was manufactured at Seattle from 1969 to 1975 and contained 7.5 to 10 7 chrysotile asbestos This white powder was packaged and sold in sacks of 10 and 25 pounds 8 2 Finishing Compound Powder 9 This product was manufactured at Seattle from 1969 to 1975 and contained 3.5 to 11 10 chrysotile asbestos It was white to white powder and packaged in sacks of 25 pounds 11 3 Day Joint Compound Powder 12 This product was manufactured at Seattle from 1970 to 1975 and contained 3.5 13 chrysotile asbestos It was a white to white powder and packaged in sacks of 25 pounds 14 4 Three Purpose Compound Powder 15 This product was manufactured at Seattle from 1969 to 1975 and contained % to 11 16 chrysotile asbestos This was a white to white powder and packaged in sacks of 25 pounds 17 5 Purpose Mix Compound 18 This product was manufactured at Seattle from 1969 to 1975 and contained 2.5 to % 19 chrysotile asbestos This was a white to white or light buff colored paste and packaged in buckets 20 or cartons of 4 to 5 gallons 222 6 Mix Topping Compound 222 This product was manufactured at Seattle from 1971 to 1975 and contained % chrysotile asbestos This was a white to white colored paste packaged and sold in buckets of 4 or 5 gallons and cartons of 4 gallons N INTERROGATORY NO 5 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 4 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 Identify the date if any on which you ceased the sale of containing products 2 RESPONSE 3 By 1975 Kaiser Gypsum's Seattle plant ceased to manufacture products containing asbestos 4 INTERROGATORY NO 6 5 For each product identified in response to Interrogatory No. 4 identify all warnings you 6 employed to protect the purchasers said products from asbestos harm including in your answer 7 the text of said warning and the date on which it commenced 8 RESPONSE 9 Beginning in 1972 Kaiser Gypsum affixed caution labels to the packages and containers of its 10 containing products The warning label as prescribed by OSHA read 11 - 12 CAUTION contains asbestos fibers avoid creating dust asbestos dust may cause serious bodily harm breathing 13 14 15 16 INTERROGATORY NO 7 17 State the date on which you learned that asbestos poses a hazard to human health 18 RESPONSE 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 20 overbroad and assumes that any type of asbestos in any condition or in any amount poses a hazard 21 to human health 22 Without waiving said objections Kaiser Gypsum responds that it became aware generally 23 sometime in the 1970s that users of some containing building products could be at risk of 24 inhaling quantities of respirable asbestos fibers sufficient to pose a potential hazard to their health INTERROGATORY NO 8 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 5 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 Identify all measures you employed to protect the users of your containing products 2 from any asbestos harm 3 RESPONSE 4 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 5 overbroad and not sufficiently limited in time or scope Without waiving said objections Kaiser 6 Gypsum responds that it placed warning labels on its containing products upon learning that 7 such products posed potential health hazards to end users 8 INTERROGATORY NO 9 9 Identify all measures you employed to protect your employees from any asbestos harm 10 RESPONSE 11 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 12 and overbroad Further Kaiser Gypsum is informed and believes that plaintiff was neither employed 13 by Kaiser Gypsum nor present at any of its plants at any time Thus events occurring at any Kaiser 14 Gypsum plant have no relevance to the conditions allegedly experienced by plaintiff Therefore this 15 interrogatory is not reasonably calculated to lead to the discovery of admissible evidence 16 INTERROGATORY NO 10 17 17 Identify all trade publications to which you subscribed between 1950 and 1978 18 RESPONSE 1919 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 20 overbroad and unintelligible as to the word trade publications Furthermore this interrogatory 20 21 contemplates years when Kaiser Gypsum was not in business Thus this interrogatory is not reasonably 22 calculated to lead to the discovery of admissible evidence Without waiving said objections Kaiser 23 Gypsum responds that it is informed and believes it was a member of the Gypsum Association from 24 $ 25 approximately 1952 to approximately 1978 and believes it may have received its publications INTERROGATORY NO 11 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS-6 -6 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 2 Do you maintain a computerized listing of the sales of your containing products If so describe the information stored on said computer including whether said sales are broken down by geographic area the type of computer program and the manner in which specific sales information can be retrieved 3 RESPONSE BF Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 5 overbroad in time place and scope Furthermore this interrogatory calls for information which seeks 6 7 to invade the purview of the attorney privilege and doctrine of attorney product INTERROGATORY NO 12 8 For each asbestos product identified in response to Interrogatory 4 state the gross sales 9 of said product in the State of Oregon between 1965 and 1980 RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome harassing vague ambiguous overbroad and unintelligible as written Additionally this interrogatory seeks information regarding time periods when Kaiser Gypsum was either not in business was not selling to the State of Oregon and was not manufacturing containing products Thus this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence Further Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years INTERROGATORY NO 13 response For each asbestos product identified in to Interrogatory No. 4 identify the entity from whom you purchased the asbestos for use in said product RESPONSE Kaiser Gypsum is informed and believes that the following at one time or another were its suppliers of chrysotile asbestos 1 John K. Bice 2 Harrison & Crosfield 3. Carmonia Chemical Company KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 7 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 14 Philip Carey Corporation Carey Canadian Asbestos 5 Western Chemical Company 3 Manville 6 4 Union Carbide 5 E.S. Browning 9 6 Loomis Chemical Company 7 10 Benson Chemical 8 11 Paul W. Wood Manville 9 10 INTERROGATORY NO 14 11 Identify the legal relationship between Kaiser Gypsum Corporation and Kaiser Cement Corporation 12 RESPONSE 13 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 14 overbroad and unintelligible as written as there was no such entity as Kaiser Gypsum Corporation 15 Furthermore this interrogatory is vague and ambiguous as to legal relationship and calls for legal 16 opinion beyond the scope of responding defendant's knowledge Without waiving said objections and 17 as Kaiser Gypsum understands this question Kaiser Gypsum responds it was a wholly 18 subsidiary of Kaiser Cement Corporation 19 20 21 INTERROGATORY NO 15 22 For each year between 1955 and 1975 identify the plant manager of your Seattle plant and 23 her four principal subordinates 24 RESPONSE 25 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 8 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and 2 overbroad Without waiving said objections Kaiser Gypsum responds that as of November 1 1970 3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich At this juncture Kaiser Gypsum is 4 unable to discern who the plant manager's four principal subordinates would have been Thus 5 discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response 6 should further information be discovered 7 INTERROGATORY NO 16 For each year between 1955 and 1975 identify the plant manager of each of your Oregon plants and her four primary subordinates 10 11 ~ 12 13 14 15 16 17 18 19 20 21 22 23 24 RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous overbroad as to time place and scope Further this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence as Kaiser Gypsum's Oregon plant never made the types of containing products at issue in this case Without waiving said objections Kaiser Gypsum responds that as of November 1 1970 the manager of Kaiser Gypsum Oregon plant was J. Cassidy At this juncture Kaiser Gypsum is unable to discern who the plant manager's four principal subordinates would have been Thus discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response should further information be discovered INTERROGATORY NO 17 Identify all contracts and branding agreements between you and Corning Fiberglas including in your answer the date said contract was entered into the terms of said contract and the dates that said contract was in effect RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous and overbroad as to time place and scope Without waiving said objections Kaiser Gypsum responds 25 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF - INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS-9 -9 S2-585506 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 1 that it never had a contract and rebranding agreement with Corning Fiberglas as to the 2 types of products at issue in this litigation 3 INTERROGATORY NO 18 4 For each of the following individuals named in Documents PLTF 001 - PLTF 1384 please state a the individual's full name 5 b whether they are alive or deceased c their current address and telephone number or if you do not know these individuals 6 current address their last known address d what position they held in your company 7 e whether they are currently employed by you 8 R.L.Allgood R.L.Allgood 9 L. Beck 10 C.E. R.C. CrowleCrowleCrowleCrowle G.J. Chavalas D.R. D.R. Canham 12 J.D. Cassidy J.D. Chambers N.D.H.C. 13 P.D. Crelman H.C.H.C. Dupuis 14 G.C. David N.D. Dicks 15 L.R. Flicker P.T.P.T. Franklin 16 P.T. Framlom J.W. J.W. J.W. Glweitt 17 R.W. Grigg R.W.C.R. Grimme 18 J.M. Garoutte D.H. Homan 19 J.P. Hughes P.A. P.A. P.A. Hawkins W.D. Hopper W.D. R.J.R.J. Hoffman W.D.R.L. Jones R.L R.L.JamesJames B. Kirk R.L. Murh J.F. Modaff Richard Madden William McKinnon B.J. Murphy 125 P.D. Orleman KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 10 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 1 2 3 4 5 Mike Slavich F.H. Schaper 6 T.V. Smith E.M. Schaper 7 E.W. Schaper S. Steffens 8 J. Schlenner J.H. Scheahan 9 A.J. Trommershausan W.L. Traub S.R. Witt 10 R.J. Wiborn H.L. Weightman J.I. Walker J.H. Walton V. Whitecage RESPONSE Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous overbroad burdensome oppressive and violative of said employees rights to privacy Given the fact that Kaiser Gypsum has not manufactured a product since 1978 there is no one currently employed who 19 is able to identify the full names of said individuals their names and addresses any positions which they may have held or whether they are living or dead Additionally Kaiser Gypsum objects to this I interrogatory on the grounds that it is not reasonably calculated to lead to the discovery of admissible 20 evidence See response to Interrogatory No. 19 21 2 INTERROGATORY NO 19 For each individual identified in Interrogatory 18 state whether that person has ever been deposed in asbestos litigation and identify the case jurisdiction cause number and the attorneys who represented the defendant and plaintiff at said deposition KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 11 S7-585506 1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 ------"-- -- --"-- --... RESPONSE Kaiser Gypsum incorporates its response to Interrogatory No. 18 as though fully set forth herein 3 Without waiving said objections Kaiser Gypsum responds that W.L. McKinnon former research 4 engineer was deposed on August 2 1984 in the following case Robert Butts v Kaiser Gypsum Company Inc. et al Contra Costa Superior Court No. 251401 Harlan C. Dupuis former manager 46 of research and development was deposed on April 16 1985 in the following case Kathryn Maksim v USG et al San Francisco County Superior Court Case No. 768674 Thomas V. Smith former technical advisor for accessory products was deposed on March 11 1992 in the following case 9 Michael Richie et al v Raybestos Manhatian et ai San Francisco Superior Court No. 933324 10 Richard C. Crowle former merchandising manager was deposed on July 26 1995 in the following 11 case Central Weslyn College v W.R. Grace et al U.S. District Court District of South Carolina - 12 13 Charleston Division Civil Action No. 87-1860-8 The attorneys who represented the various parties at those depositions are identified in the transcripts 14 INTERROGATORY NO 20 15 Your attention is directed to documents PLTF 0001 to PLTF 1384 that were served upon your counsel by the undersigned in the Winter of 1998. If you contend that any of the foregoing documents 16 is not genuine set forth the factual and legal basis for your contention 17 RESPONSE 18 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague ambiguous 19 overbroad and unduly burdensome Without waiving said objections Kaiser Gypsum responds that 20 as to those documents authored by or directed to Kaiser Gypsum Kaiser Gypsum does not contest their 21 genuineness However Kaiser Gypsum is unable to attest to the genuineness of any document not 22 authored or directed to Kaiser Gypsum including but not limited to the following documents PLTF 23 0001 through PLTF 0003 PLTF 0366 to PLTF 0372. Additionally Kaiser Gypsum cannot attest to 24 the genuineness of any document referring to Permanente Cement Kaiser Cement and Gypsum Company or Kaiser Cement Corporation KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 12 52-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 INTERROGATORY NO 21 2 Identify every person who supplied information to answer these Interrogatories including in your 3 answer the specific interrogatory for which each person supplied information 4 RESPONSE 5 As previously stated above Kaiser Gypsum ceased all marketing activities in 1978 thus no one 6 person associated with Kaiser Gypsum provided information for a specific interrogatory herein The 7 information provided in response to the interrogatories comes from a collection of information gathered 8 throughout the years from various different sources 10 11 REQUEST FOR PRODUCTION 12 1 13 Produce all documents in your possession that were generated before 1978 and refer or relate to any human health hazard associated with asbestos including but not limited to memoranda letters journal articles or notes 14 RESPONSE 15 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad and 16 not limited in time scope or location Furthermore this request is burdensome and oppressive and 17 18 assumes that Kaiser Gypsum possesses such documents Without waiving objections Kaiser Gypsum refers plaintiff to documents PLTF 0001 to PLTF 1384 which were served upon responding defendant's 19 counsel in the Winter of 1998 20 222 "/ "fl Produce minutes of all meetings of your Board of Directors held between 1950 and 1980 that 222 refer or relate to your containing products 222 RESPONSE 24 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 13 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 706 678-6600 1 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad and 2 not reasonably limited in time scope or location Furthermore this request is violative of Kaiser 3 Gypsum's right to privacy as a privately held corporation and seeks information which is proprietary 4 in nature Additionally this request is vague and ambiguous as to refer or relate to Without 5 waiving objections Kaiser Gypsum responds as it understands the request that none of the minutes 6 of its Board of Directors meetings refer or relate to its containing products 7 83 83 9 Produce for inspection and copying original copies of all documents used to promote the sale of any product identified in response to Interrogatory 4 including but not limited to catalogues magazine advertisements product lists photographs technical specifications and flyers 10 RESPONSE 11 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad 12 unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus 13 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence 14 Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384 15 which were served upon responding defendant's counsel in the Winter of 1998 16 17 4 18 Produce all manuals specifications and instructions that you provided to the customers of any containing products sold by you between 1965 and 1978 19 RESPONSE 20 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad 21 unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus 22 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence Moreover plaintiff has testified that he did not pay attention to or read any literature regarding any products used by other trades Thus this interrogatory is not reasonably calculated to lead to the . KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS- 14 S2-585596.1 Williams Kastner & Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 1 discovery of admissible evidence Without waiving objections Kaiser Gypsum refers plaintiffs to 2 documents PLTF 0001 to PLTF 1384 which were served upon responding defendant's counsel in the 3 Winter of 1998 4 55 6 7 Produce all documents that refer or relate to your decision to stop manufacturing asbestoscontaining products including but not limited to board minutes technical and safety advisories and unprivileged legal opinions RESPONSE 8 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad 9 unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus 10 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence 11 Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384 12 which were served upon responding defendant's counsel in the Winter of 1998 13 14 6 15 Produce for inspection and copying original photographs of all products identified in response to Interrogatory 4 in their packaged form 16 17 18 RESPONSE 19 Kaiser Gypsum objects to this request on the grounds that it is vague ambiguous overbroad 20 unduly burdensome and harassing Furthermore this request is not limited in time or scope and thus 21 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence 22 Without waiving objections Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384 23 which were served upon responding defendant's counsel in the Winter of 1998 24 25 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 15 S2-585596.1 Williams & Kastner Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 7 1 a Prsodbuceesdtepoossitilointiogartitorinal transcripts of any individual identified in Interrogatory 18 in any 3 RESPONSE 4 Kaiser Gypsum would be willing to produce any deposition or trial transcripts of any individuals 5 identified in its response to Interrogatory 18 at a mutually convenient location at the expense of 6 propounding party 7 8 INTERROGATORIES AND REQUESTS FOR PRODUCTION SUBMITTED this 14th day of 9 May 1998 WEINSTEIN & BERGMAN Matthew P. Bergman WSBA 20894 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFSPLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 16 S2-585596.1 Williams & Kastner Gibbs PLLC Two Union Square Suite 4100 Mail Address P.O. Box 21926 Seattle Washington 98111-3926 206 628-6600 KAISER GYPSUM COMPANY INC.'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO DEFENDANT KAISER GYPSUM COMPANY INC VERIFICATION am an authorized representative of Kaiser Gypsum Company Inc. and am authorized to make this affidavit on its behalf I have read the foregoing responses to interrogatories and requests for production and believe the responses to be correct LoRug 11 12 SUBSCRIBED AND SWORN TO before me on the 24 day August 1998 13 Stiane - Stiane Hayes California 14 Notary Public in and for the State of Cas California residing at Contra I My commission expires May 29 County I ee: df DIANE MARIE HAYES = ET eg tm COMM # 1185147 pee O27 NOTARY CALIFORNIA CONTRA COUNTY (} ALIFORM J ALIFORM COMM EXP MAY 29 2002 a PPR, 19 20 21 22 23 Sylvin W. Pickner and Evelyn I. Pickner v Owens Corning et al King County Washington Case No. 98-2-09390-1 SEA EXHIBIT A As of October 1953 the following were directors of Kaiser Gypsum Company Inc Henry J. Kaiser D. V. McEachern E. E. Trefethen Jr. G. J. Shea H. W. Morrison C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun As of September 1954 the following were directors of Kaiser Gypsum Company Inc Henry J. Kaiser E. E. Trefethen Jr. H. W. Morrison G. J. Shea D. V. McEachern E. H. Heller A. Christensen W. Marks Alan Christensen W. A. Marsh Coral R. Olsen Peter S. Hass C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun Paul Marrin Po S2-585585.S2-5815 85.1 As of October 1955 the following were directors of Kaiser Gypsum Company Inc A. Christensen G. J. E. H. Heller D. V. McEachern E. E. Trefethen Jr. HenryHenry J. Kaiser W. Marks Claude E. Harper W. A. Marsh Paul Rogers Bryce Simpson Chad F. Calhoun Paul S. Marrin As of November 1956 the following were directors of Kaiser Gypsum Company Inc E. H. Heller Edgar F. Kaiser Henry J. Kaiser W. A. Marsh D. V. McEachern G. J. Shea E. E. Trefethen Jr. W. Marks A. D. Christensen H. W. Morrison Claude E. Harper W. A. Marsh Carl Olsen V. E. Cole Paul Rogers Bryce Simpson Paul S. Marrin Chad F. Calhoun S2-585585.1 As of October 1957 the following were directors of Kaiser Gypsum Company Inc E. H. Heller Henry J. Kaiser Edgar F. Kaiser W. A. Marsh D. V. McEachern H. W. Morrison G. J. Shea E. E. Trefethen Jr. William Marks Claude E. Harper V. E. Cole R. A. Costa Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Marrin Chad F. Calhoun Bryce Simpson As of August 1958 the following were directors of Kaiser Gypsum Company Inc E. H. W. A. Marsh D. V. McEachern H. W. Morrison G. J. E. E. Trefethen Jr. A. Christensen Henry J. Kaiser Edgar F. Kaiser William Marks Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Marrin Chad F. Calhoun Claude E. Harper S2-585585.1 Bryce Simpson R. A. Costa the As of December 1959 Company Inc following were directors of Kaiser Gypsum G. J. Shea E. E. Trefethen Jr. Henry J. Kaiser Edgar F. Kaiser D. V. McEachern William Marks W. A. Marsh William Marks Chad F. Calhoun Robert Costa Claude E. Harper Paul S. Marrin Carl Olsen Paul Rogers Bryce Simpson As of December 1960 the following were directors of Kaiser Gypsum Company Inc A. Christensen E. H. Heller Henry J. Kaiser Edgar F. Kaiser William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen Jr. Chad F. Calhoun Robert Costa Claude Harper Paul S. Marrin Carl Olsen S2-585585.1 Paul Rogers Bryce Simpson As of November 1961 the following were directors of Kaiser Gypsum Company Inc A. Christensen William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen Jr. E. H. Heller Henry K. Kaiser Edgar F. Kaiser W. A. Marsh John Bosche Chad F. Calhoun R. A. Costa J. J. Hague Claude E. Harper Paul S. Marrin Carl Olsen E. F. Schaper Bryce Simpson As of December 1962 the following were directors of Kaiser Gypsum Company Inc A. Christensen Peter S. Hass Edgar F. Kaiser William Marks * Wallace Marsh H. W. Morrison E. E. Trefethen Jr. Henry J. Kaiser G. J. Shea W. A. Marsh William Marks John Bosche Chad F. Calhoun R. A. Costa S2-585585.S2-5185 85.1 J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson As of December 1963 the following were directors of Kaiser Gypsum Company Inc A. Christensen Peter S. Hass Henry J. Kaiser William Marks W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen Jr. Edgar F. Kaiser W. A. Marsh William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson As of December 1964 the following were directors of Kaiser Gypsum Company Inc A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Marrin Gilbert Shea E. E. Trefethen Jr. H. W. Morrison Edgar F. Kaiser Henry J. Kaiser S2-585585.S2-5185 85.1 D. A. Rhoades J. A. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper , Bryce Simpson As of December 1965 the following were directors of Kaiser Gypsum Company Inc A. Christensen Peter S. Hass Claude E. Harper Edgar F. Kaiser Henry J. Kaiser William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades Gilbert Shea E. E. Trefethen Jr. Henry J. Kaiser H. W. Morrison William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1966 the following were directors of Kaiser Gypsum Company Inc J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass Edgar F. Kaiser Henry J. Kaiser S2-585585.S2-5815 85.1 William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen Jr. William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1967 the following were directors of Kaiser Gypsum Company Inc J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen Jr. William Marks John H. Bosche K. A. Conningham 5 R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1968 the following were directors of Kaiser Gypsum Company Inc A. D. Christensen Claude Harper S2-585585.1 Peter Hass Lloyd Mazzera D. A. Rhoades J. B. Bonny G. J. Shea John F. Shea E. E. Trefethen Jr. John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As of December 1969 the following were directors of Kaiser Gypsum Company Inc J. B. Bonny Claude Harper Peter Hass William Marks Lloyd Mazzera D. A. Rhoades E. E. Trefethen Jr. A. D. Christensen Edgar F. Kaiser Gilbert Shea John Shea John Bosche K. A. Conningham R. A. Costa R. A. Crowle Paul J. Franklin J. J. Hague E. H. Schaper Bryce Simpson As of December 1970 the following were directors of Kaiser Gypsum Company Inc Edgar F. Kaiser E. E. Trefethen Jr. S2-585585.1 Peter Hass John Bosche K. A. Conningham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague E. H. Schaper Bryce Simpson R. G. Hohnsben J. B. Bonny A. D. Christensen Claude Harper Peter Hass Edgar F. Kaiser William Marks Lloyd Mazzera D. A. Rhoades John Shea E. E. Trefethen Jr. As of December 1971 the following were directors of Kaiser Gypsum Company Inc B. Bonny Alan Christensen Claude Harper Peter Hass Edgar Kaiser William Marks D. A. Rhoades John Shea E. E. Trefethen Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker S2-585585.1 -10- James C. Reilly E. H. Schaper Bryce Simpson As of December 1972 the following were officers directors of Kaiser Gypsum Company Inc Garfield O. Anderson J. B. Bonny Alan Christensen Peter Hass Claude Harper Edgar Kaiser William Marks Walter E. Ousterman Jr. James Reilly D. A. Rhoades John Shea Alfred Yee E. E. Trefethen Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper As of December 1973 the following were directors of Kaiser Gypsum Company Inc Garfield Anderson Alan Christensen Claude Harper Peter Hass Edgar Kaiser Walter Ousterman James Reilly John Shea S2-585585.1 -11- E. E. Trefethen Jr. William M. Witter Alfred A. Yee John Bosche A. B. Brown Jr. K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper As of December 1974 the following were directors of Kaiser Gypsum Company Inc Garfield Anderson G. J. Chavalas Alan Christensen Robert Costa Peter Hass Walter Ousterman James Reilly William R. Roesch John Shea E. E. Trefethen Jr. William Witter Edgar Kaiser Alfred Yee John Bosche A. B. Brown D. R. Canham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker E. H. Schaper S2-585585.1 -12- As of December 1975 the following were directors of Kaiser Gypsum Company Inc Edgar Kaiser E. E. Trefethen Jr. Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William R. Roche John Shea William M. Witter Alfred Yee A. B. Brown Jr. T. P. Heffelfinger D. W. Henning R. G. Hohnsben D. B. Hunn J. G. Nelson W. E. Ousterman J. K. Parker J. C. Reilly GeneviveGenevive Robbins P. T. Smith J. I. Walker As of December 1976 the following were directors of Kaiser Gypsum Company Inc Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William Roche John Shea E. E. Trefethen Jr. William Witter Alfred Yee Edgar Kaiser S2-585585.1 -13- A. B. Brown Ann L. Farley Mary L. Glenn T. Heffelfinger R. G. Hohnsben D. B. Hunn S2-585585.S2-5815 85.1 -14-