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
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My commission expires May 29 County I
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DIANE MARIE HAYES = ET eg tm
COMM # 1185147
pee O27 NOTARY CALIFORNIA
CONTRA COUNTY (}
ALIFORM J
ALIFORM
COMM EXP MAY 29 2002
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PPR,
19
20
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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A. B. Brown
Ann L. Farley Mary L. Glenn T. Heffelfinger
R. G. Hohnsben D. B. Hunn
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