Document bOkb2jjQGV4q7b5zJrwrJ4z61
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Ney,
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THOMAS E. PFALZER (State Bar No. 85261) NICOLE T. ROBERTS (State Bar No. 203789) JOSEPH I. NATHAN (State Bar No. 118067) McNamara, Dodge, Ney, Beatty, Slattery & 1211 Newell Avenue, Second Floor Post Office Box 5288 Walnut Creek, CA 94596 Telephone: (925) 939-5330 Facsimile: (925) 939-0203
Pfalzer
LLP
Attorneys for Defendant DB RILEY, INC.
|;|eo (
FL
SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
IN RE: COMPLEX ASBESTOS LITIGATION,
) NO. 828684
) ) DEFENDANT DB RILEY, INC.'S ) THIRD AMENDED RESPONSES TO ) PLAINTIFFS' STANDARD GENERAL ) ORDER 129 INTERROGATORIES TO ) ALL DEFENDANTS
)
)
DB Riley, Inc. ("Riley" or the "Company") pursuant to and under the protection of the California Rules of Civil Procedure, hereby files its Third Amended Responses to Plaintiffs' Standard Interrogatories to All Defendants pursuant to San Francisco Court General Order No. 129. Furthermore, as required under CCP 2030, these interrogatories were prepared and submitted for the sole purpose of consolidating all prior responses, including all prior amendments and supplements, into a single document with clear, complete, and straightforward answers. INTERROGATORY NO. 1:
IDENTIFY the person verifying these answers on YOUR behalf. RESPONSE TO INTERROGATORY NO. 1:
James S. Brantl, General Counsel, DB Riley, Inc., P.0. Box
l
1 15040, Worcester, MA 01615-0040.
2 INTERROGATORY NO. 2:
3 State the date of first employment with YOU, and the dates
4 and titles of each job position the person verifying these
5 interrogatories has held while employed by you.
6 RESPONSE TO INTERROGATORY NO. 2:
7 James S. Brantl, Esquire, joined Riley as an attorney in
8 October of 1976. He became Senior Corporate Attorney in 1984.
9 Since January of 1988, he has held the position of General Counsel.
10 INTERROGATORY NO. 3:
11 State whether or not YOU are a corporation, and if so, state: 12 A. YOUR correct corporation name;
13 B. YOUR state of incorporation;
14 C. The date of YOUR incorporation;
15 D. The Address of YOUR principle place of business;
16 E. Whether or not YOU have ever held a certificate of
17 authority to do business in the State of California, and if so, the
18 inclusive dates of any certificate;
19 F. If YOU are wholly owned or the majority interest of YOUR
20 company is owned by another business entity, state the entity's
21 name and principal place of business; 22 G. Whether YOU have any business offices in California,
23 and, if so, YOUR principal place of business in California.
24 RESPONSE TO INTERROGATORY NO. 3:
25 Riley states that it is a corporation.
26 A. Riley Stoker Corporation.
27 B. Commonwealth of Massachusetts.
28 C. 1921.
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DFFFNDANT DR RILEY INC.'S THIRD AMENDED RESPONSES TO G0129 INTERROGATORIES
1 D. 5 Neponset Street; Worcester, Massachusetts 01613. 2 E. Riley has held a certificate of authority to do business 3 in the State of California from April 30, 1959 to
4 present.
5 F. Not applicable. 6 G. No business offices in California.
7 INTERROGATORY NO. 4: 8 Have YOU ever been identified, known, or done business under
9 any other name in the State of California.
10 RESPONSE TO INTERROGATORY NO. 4:
11 Yes. 12 INTERROGATORY NO. 5:
13 If your answer to Interrogatory No. 4 is in the affirmative,
14 please state such name or names and the time period during which
15 THIS DEFENDANT was so known or identified. 16 RESPONSE TO INTERROGATORY NO. 5:
17 See Exhibit A.
18 INTERROGATORY NO. 6: 19 If YOU are not a corporation, what is YOUR business structure 20 (partnership, joint, venture, sole proprietorship, etc.)
21 RESPONSE TO INTERROGATORY NO. 6:
22 Not applicable.
23 INTERROGATORY NO. 7:
24 If YOU are not a corporation, please IDENTIFY all persons or
25 other entities with an ownership interest in YOU.
26 RESPONSE TO INTERROGATORY NO. 7:
27 Not applicable.
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ntrrcwnaWT no Pli rv INC \S THIRD AMENDED RESPONSES TO G0129 INTERROGATORIES
1 INTERROGATORY NO. 8:
2 If you are not a corporation, please state the following:
3 A. The address where the HISTORICAL RECORDS of THIS
4 DEFENDANT are currently located; and
5 B. The name, job title and current address of the Custodian
6 for THIS DEFENDANT'S HISTORICAL RECORDS.
7 As used herein, "HISTORICAL RECORDS" shall include all
8 DOCUMENTS relating to the formation of THIS DEFENDANT, all minutes
9 of partners', general partners', or other owners' meetings, and all
10 DOCUMENTS relating to THIS DEFENDANT'S merger with, acquisition of
11 or purchase, or sale of or by any other COMPANY.
12 RESPONSE TO INTERROGATORY NO. 8:
13 Not applicable.
14 INTERROGATORY NO. 9:
15 IDENTIFY YOUR custodian of Business Records.
16 RESPONSE TO INTERROGATORY NO. 9:
17 Norman Sarkisian is the Manager of Administrative Services
18 and Facilities, 5 Neponset Street, Worcester, Massachusetts, 01613.
19 INTERROGATORY NO. 10:
20 IDENTIFY the person of persons most knowledgeable about:
21 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS-
22 CONTAINING PRODUCTS;
23 B. YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING
24 PRODUCTS;
25 C. YOUR contracting with others to do work involving use or
26 handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS.
27 RESPONSE TO INTERROGATORY NO. 10:
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A-C. Harold Riddar can testify about Riley's reliance upon
4
1 customer's requisitions and information supplied by manufacturers
2 of insulation products which concern asbestos-related components
3 used in conjunction with boilers manufactured by Riley.
4 INTERROGATORY NO. 11;
5 For DEFENDANTS involved in the MARKETING of ASBESTOS-
6 CONTAINING PRODUCTS, state the IDENTITY of physicians, medical
7 directors and/or industrial hygienists employed by YOU during the
8 time frame or prior to the time YOU discontinued the marketing of
9 such products. All other DEFENDANTS need only respond as to
10 medical directors and/or industrial hygienists or physicians
11 employed in the area of employee health and safety. PREMISES
12 owners and domestic corporations need only respond as to the United
13 States.
14 RESPONSE TO INTERROGATORY NO. 11:
15 Riley never employed a medical director, industrial hygienist
16 or physician.
17 INTERROGATORY NO. 12:
18 Has any employee of THIS DEFENDANT testified by deposition or
19 at trial on behalf of THIS DEFENDANT in a third-party case, in
20 which THIS DEFENDANT was a party, wherein the plaintiff has alleged
21 an asbestos-related injury? If so, for each such third-party case
22 (except that Premises Defendants and Contractor Defendants need
23 answer only with respect to cases relating to sites within the
24 GEOGRAPHIC AREA) please state:
25 A. The caption and case number;
26 B. The court filing including state and county;
27 C. The date of deposition or trial testimony;
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1 D. The name and address of plaintiff's counsel of record;
2 E. The name and address of the court reporter.
3 RESPONSE TO INTERROGATORY NO. 12:
4 Harold Riddar was deposed on June 30, 1995 in the case of
5 Robert L. Abernathy, et al. v. ACandS, Inc., et al.. A-920967-C.
6 128th Judicial District Orange County, Texas. Plaintiff's attorney
7 was Robert McConnell, Esq., Ness, Motley, Loadholt, Richardson &
8 Poole, 2 Charles St., Providence, RI 02904. The court reporting
9 service was Fritz & Sheekan Associates, Inc., 295 Devonshire St. ,
10 Boston, MA 02110.
11 INTERROGATORY NO. 13:
12 For each of the following, please state whether, at any time
13 within the time frame or until such time as any defendant which had
14 been engaged in MARKETING RAW ASBESTOS or ASBESTOS-CONTAINING
15 PRODUCTS discontinued the MARKETING of such products, THIS
16 DEFENDANT was a member or paid dues for any representative of THIS
17 DEFENDANT (excluding faculty members of educational institutions)
18 to be a member of the following:
19 A. American Conference of Governmental Industrial Hygien
20 ists ;
21 B. American Industrial Hygiene Association;
22 C. American Petroleum Institute;
23 D. American Railroad Association;
24 E. Asbestos Cement Producers Association;
25 F. Asbestos Information Association (AIA) (please answer
26 through date of your answers);
27 G. Asbestos Information Association/North America (AIA/NA)
28 (please answer through date of your answers);
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oi-i-i-.io.mt oo Oil 1TV IMO 'O XLJIOO MICMHCn RFFPONSFR TO 00129 INTERROGATORIES
1 H. Asbestos Textile Institute (ATI);
2 I. Industrial Hygiene Foundation and/or Industrial Health
3 Foundation (IHF);
4 J. Industrial Mineral Insulation Manufacturers Institute;
5 K. Magnesia Insulation Manufacturers' Association;
6 L. Magnesia Silica Insulation Manufacturers Association;
7 M. Mineral Wool Institute;
8 N. National Insulation Manufacturers Association (NIMA);
9 O. National Safety Council;
10 P. New York Academy of Sciences;
11 Q. Quebec Asbestos Mining Association (QAMA);
12 R. Refractories Institute;
13 S. Safe Building Alliance (please answer through date of
14 your answers);
15 T. Thermal Insulation Manufacturers Association (TIMA);
16 U. U.S. Maritime Commission
17 V. IDENTIFY any other organization, associations or groups
18 of manufacturers, miners, distributors, importers, labelers,
19 suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS of which
20 THIS DEFENDANT was a member;
21 W. IDENTIFY any such representative of THIS DEFENDANT.
22 RESPONSE TO INTERROGATORY NO. 13:
23 A.-U. Riley was never a member and never paid dues for a
24 representative to be a member of the listed organizations.
25 V. None.
26 W. None.
27 INTERROGATORY NO. 14:
28 For each organization, association or other entity identified
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1 in YOUR Response to Interrogatory No. 13, please state;
2 A. The dates during which THIS DEFENDANT was a member;
3 B. The name(s) of any publication (s) received by THIS
4 DEFENDANT from such association or organization;
5 C. The name of any committee or subcommittee of which THIS
6 DEFENDANT was a member, and the dates of such committee or
7 subcommittee membership.
8 RESPONSE TO INTERROGATORY NO. 14:
9 Riley did not identify any organization in response to
10 Interrogatory No. 13.
Therefore, this interrogatory is not
11 applicable.
12 INTERROGATORY NO. 15:
13 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS
14 containing results or conclusions of any studies and/or tests
15 conducted by Bonsib for Standard Oil of New Jersey relating to
16 asbestos exposure in the workplace of the human health consequences
17 of exposure to asbestos? If so:
18 A. Either (1) attach all DOCUMENTS evidencing the informa
19 tion sought in this Interrogatory and its subparts to your answers
20 to these Interrogatories, or (2) attach disks containing such data,
21 or (3) describe such DOCUMENTS with sufficient particularity that
22 they may be made the subject of a request for production of
23 documents.
24 B. State the date upon which THIS DEFENDANT first received
25 such DOCUMENTS;
26 C. State the IDENTITY of the custodian of such DOCUMENTS.
27 D. This interrogatory does not apply to DOCUMENTS contained
28 in a library maintained by a DEFENDANT hospital or a DEFENDANT'S
.jeNreUyP,
____________________________________________________
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1 library providing access to the general public.
2 RESPONSE TO INTERROGATORY NO. 15;
3 No.
4 INTERROGATORY NO. 16:
5 Had THIS DEFENDANT prior to 197 3 received a copy or any
6 portion of any studies and/or tests conducted by any insurance
7 company, including but not limited to Metropolitan Life Insurance
8 Company and Aetna Insurance relating to asbestos exposure in the
9 workplace or the human health consequences of exposure to asbestos?
10 If so: 11 A. Either (1) attach all DOCUMENTS evidencing the informa
12 tion sought in this Interrogatory and its subparts to your answers
13 to these Interrogatories, or (2) attach disks containing such data,
14 or (3) describe such DOCUMENTS with sufficient particularity that
15 they may be made the subject of a reguest for production of
16 documents.
17 B. State the date upon which THIS DEFENDANT first received
18 such DOCUMENTS;
19 C. State the IDENTITY of the custodian of such DOCUMENTS.
20 D. This interrogatory does not apply to DOCUMENTS contained
21 in a library maintained by a DEFENDANT hospital or a DEFENDANT'S
22 library providing access to the general public.
23 RESPONSE TO INTERROGATORY NO. 16:
24 No.
25 INTERROGATORY NO. 17:
26 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS
27 containing results or conclusions of any studies and/or tests
28 conducted by any laboratory, including but not limited to, the
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1 Saranac Laboratory relating to asbestos exposure in the workplace
2 or the human health consequences of exposure to asbestos? If so:
3 A. Either (1) attach all DOCUMENTS evidencing the informa
4 tion sought in the Interrogatory and its subparts to your answers 5 to the Interrogatories, or (2) attach disks containing such data,
6 or (3) describe such DOCUMENTS with sufficient particularity that
7 they may be made the subject of a request for production of
8 documents.
9 B. State the date upon which THIS DEFENDANT first received
10 such DOCUMENTS; 11 C. State the IDENTITY of the custodian of such DOCUMENTS;
12 D. This interrogatory does not apply to DOCUMENTS contained
13 in a library maintained by a DEFENDANT hospital or a DEFENDANT'S
14 library providing access to the general public. 15 RESPONSE TO INTERROGATORY NO. 17:
16 No.
17 INTERROGATORY NO. 18:
18 Had THIS DEFENDANT (except for a defendant that is an
19 educational institution prior to 1973) ever maintained a library
20 (or libraries) which contained books, articles, periodicals,
21 journals, and/or reference materials that related to the subjects
22 of asbestos, industrial hygiene, medicine, safety and/or occupa
23 tional disease. If so, state:
24 A. The date each library was established;
25 B. The location of each such library;
26 C. The IDENTITY of each librarian or other person in charge
27 of such library.
28 D. Identify each index maintained in the normal course of
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business prior to 1973 that - lists the publications in each such library related to the aforementioned subjects. RESPONSE TO INTERROGATORY NO. 18:
No. INTERROGATORY NO. 19:
With the exception of OSHA compliance, had THIS DEFENDANT (except for a defendant that is an educational institution) prior to 1980 exchanged DOCUMENTS or communicated with any person or other COMPANY expressly regarding the results of tests and/or studies relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? Is so, state:
A. Each person or COMPANY with whom the information was exchanged or to whom it was communicated.
B. The date(s) of any such exchanges or communications; C. The IDENTITY of the custodian of such DOCUMENTS. D. Either (1) attach all DOCUMENTS evidencing the informa tion sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. RESPONSE TO INTERROGATORY NO. 19: No. INTERROGATORY NO. 20: Has any employee or designee of THIS DEFENDANT testified as a representative of THIS DEFENDANT before the Occupational Safety and Health Administration, the National Institute of Occupational Safety and Health, or any committee or subcommittee of the United
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1 States Congress relating to asbestos exposure in the workplace of
2 the human health consequences of exposure to asbestos? If so,
3 state:
4 A. The entity before whom such testimony was given;
5 B. The date(s) and location(s) of such testimony;
6 C. The IDENTITY of the individual(s) who so testified;
7 D. Whether any DOCUMENTS were presented to the entity
8 before which testimony was given;
9 E. Whether copies of DOCUMENTS presented were retained by
10 THIS DEFENDANT and, if so, state the IDENTITY of the custodian of
11 such DOCUMENTS.
12 RESPONSE TO INTERROGATORY NO. 20:
13 No.
14 INTERROGATORY NO. 21:
15 Has THIS DEFENDANT (except for a defendant that is an
16 educational institution) conducted, or caused to be conducted,
17 tests, and/or studies of ambient asbestos dust created during the
18 manufacturer, processing and/or assembling for sale of ASBESTOS-
19 CONTAINING PRODUCTS? If so, state:
20 A. Each manufacturing facility, including location and
21 address, at which any such test and/or study was conducted;
22 B. The date of each such test and/or study;
23 C. The individual(s) or entity conducting each such test
24 and/or study;
25 D. Whether THIS DEFENDANT has any DOCUMENTS containing the
26 results and/or conclusions of each such study;
27 E. The IDENTITY of the custodian of such DOCUMENTS.
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1 RESPONSE TO INTERROGATORY NO; 21:
2 NO.
3 INTERROGATORY NO. 22:
4 Has THIS DEFENDANT (except for a defendant that is an
5 educational institution) conducted, or caused to be conducted, any
6 tests and/or studies on ambient asbestos dust levels at any
7 location or job site where ASBESTOS-CONTAINING PRODUCTS were
8 installed, utilized or removed? If so, for the first 5 tests
9 and/or studies, state:
10 A. The location, including name and address, at which each
11 such test and/or study was conducted;
12 B. The individual(s) or entity conducting each such test
13 and/or study;
14 C. The date of each such test and/or study;
15 D. Whether THIS DEFENDANT has any DOCUMENTS containing the
16 results and/or conclusions of each such test and/or study;
17 E. The IDENTITY of the custodian of such DOCUMENTS.
18 RESPONSE TO INTERROGATORY NO. 22:
19 No.
20 INTERROGATORY NO. 23:
21 Did THIS DEFENDANT (except for a defendant that is an
22 educational institution) have any laboratory or other similar type
23 of facility anywhere in the United States at which it conducted, or
24 caused to be conducted, any tests and/or studies of ASBESTOS-
25 CONTAINING PRODUCTS or RAW ASBESTOS relating to the health
26 consequences of asbestos or the dust generated by any use of
27 asbestos or ASBESTOS-CONTAINING PRODUCTS. If so, state:
28 A. The location, including name and address, at which each
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1 test and/or study was conducted;
2 B. The individual(s) or entity conducting each such test
3 and/or study was conducted;
4 C. The date of each such test and/or study;
5 D. Whether THIS DEFENDANT has any DOCUMENTS containing the
6 results and/or conclusions of each such test and/or study;
7 E. The IDENTITY of the custodian of such DOCUMENTS.
8 RESPONSE TO INTERROGATORY NO. 23:
9 No.
10 INTERROGATORY NO. 24:
11 Has THIS DEFENDANT made available to its employees a medical
12 examination program to determine the absence or presence of
13 asbestos-related disease? If so, state:
14 A. Whether chest x-rays or pulmonary function tests were
15 part of such program(s);
16 B. Whether the participation in any such program was a
17 mandatory condition of employment or was voluntary;
18 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s) ;
19 D. The IDENTITY of the custodian of such DOCUMENTS.
20 RESPONSE TO INTERROGATORY NO. 24:
21 No.
22 INTERROGATORY NO. 25:
23 Prior to 1973, did any person file a Workers' Compensation
24 claim for asbestos-related injury against THIS DEFENDANT or against
25 any Workers' Compensation insurance carrier which provided coverage
26 for THIS DEFENDANT? If so, state the total number of such claims
27 and, for the first 20 such claims state:
28 A. The date of such claim;
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1 B. The name of the claimant;
2 C. The case number;
3 D. The court in which the claim was filed;
4 E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS
5 evidencing such claims.
6 RESPONSE TO INTERROGATORY NO. 25:
7 On September 30, 1998 Riley Stoker amended their response as
8 follows:
9 Claim #1
10 A. 1947
11 B. Ernest R. Moreno.
12 C. 76-144
13 D. Los Angeles, Industrial Accident Commission of the State
14 of California. 15 E. James S. Brantl, General Counsel, DB Riley, Inc., P.O.
16 Box 15040, Worcester, MA.
17 Claim #2
18 A. 1956
19 B. Lewis Munaer
20 C. Riley Stoker has no case number. Riley Stoker appears to
21 have received a notice of a hearing in connection with Lewis Munaer
22 v. Armstrong Cork Co. . Travelers Insurance Co. but has no evidence
23 of any report or communication concerning asbestos or the alleged
24 hazards of asbestos.
25 D. Riley Stoker has no court records indicating the court
26 in which the claim was filed but notice was from Workers' Compensa
27 tion Department, State of Michigan.
28 E. James Brantl, General Counsel, DB Riley, Inc., P.O. Box
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1 15040, Worcester, MA.
2 INTERROGATORY NO. 26:
3 Does THIS DEFENDANT have insurance available to cover
4 judgment(s) entered against it in asbestos-related personal injury
5 lawsuits? If so, state:
6 A. The name and principal place of business of any
7 insurance carrier who has issued such policy of insurance;
8 B. The number and effective date of each policy;
9 C. The amount(s) of coverage of each policy;
10 D. The applicable dates of coverage.
11 RESPONSE TO INTERROGATORY NO. 26:
12 Riley states yes.
13 A. Liberty Mutual Insurance Company, 100 Liberty Way, P.0.
14 Box 1525, Dover, NH 03820-1525;
15 B-D.
16
Carrier
Policy Period
17
18
LMIC
1/1/52-1/1/53
19
LMIC
1/1/53-1/1/54
20
LMIC
1/1/54-10/1/54
21
LMIC
10/1/54-10/1/55
22
LMIC
10/1/55-10/1/56
Policy Number
Unknown Unknown LB-1-82046-54 LB-1-690870-54 LP--1-69 0870--55
Policy Limits for Bodily Injury
$1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
23
LMIC
10/1/56-10/1/57
LP--1-690870--56
$1,000,000
24
LMIC
10/1/57-10/1/58
LP-6014--903043-37
$1,000,000
LMIC
10/1/58-10/1/59
LP-6014-903 043-38
$1,000,000
25
LMIC
10/1/59-10/1-60
LP-6014-903043--39
$1,000,000
26
LMIC
10-1-60-10/1-61 LP1-614-004050-030
$1,000,000
27
LMIC
10/1/61-10/1/62 LP1-614-004050-031
$1,000,000
28
LMIC
10/1/62-10/1/63 LP1-614-004050-032
$1,000,000
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i ft
1
LMIC
10/1/63-10/1/64 LP1-614-004050-033
$1,000,000
2
LMIC
10/1/64-10/1/65 LP1-614-004050-034
$1,000,000
3
LMIC
10/1/65-10/1/66 LP1-614-004050-035
$1,000,000,
4
LMIC
10/1/66-10/1/67 LG1-614-004050-036
$1,000,000
LMIC
10/1/67-10/1/68 LG1-614-004050-037
$960,000
5
LMIC
10/1/68-10/1/69 LG1-614-004050-038
$1,000,000
6
LMIC
10/1/69-10/1/70 LG1-614-004050-039
$1,000,000
7
LMIC
10/1/70-10/1/71 LG1-612-004050-030
$1,000,000
8
LMIC
10/1/71-10/1/72 LG1-612-004050-031
$945,000
9
LMIC
10/1/72-10/1/73 LG1-612-004050-032
$1,000,000
10
LMIC
1/1/73-1/1/74
LG1--612--004050--343
$1,000,000
LMIC
1/1/74-7/1/74
LG1-612-004050-344
$1,000,000
11
LMIC
7/1/74-7/1/75
LG1-612-004050-414
$998,400
12
LMIC
7/1/75-7/1/76
LG1-612-004050-415
$1,000,000
13
LMIC
7/1/76-7/1/74
LG1-612-004050-416
$1,000,000
14
LMIC
7/1/77-7/1/78
LG1-612-004050-417
$429,176
15
LMIC
7/1/78-7/1/79
LG1-612-004050-418
$543,764
LMIC
7/1/79-2/1/80
LG1-612-004050-419
$999,500
16
(Subject to a $100,000
17 per occurrence deductible)
18 INTERROGATORY NO. 27: 19 State whether YOU have controlled, purchased, or in any way 20 acquired any controlling interest in any corporation or business 21 entity which has mined, manufactured, produced, processed, 22 compounded, sold, supplied, distributed and/or otherwise placed 23 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of
24 commerce. If so, state: 25 A. The name and address of said corporation or business 26 entity; 27
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B. The dates YOU controlled, purchased or acquired any interest; and
C. The nature of the business as it pertains to asbestos. RESPONSE TO INTERROGATORY NO. 27:
Yes. A. Sanford Riley Stoker Company. B. 1913. C. Thermal insulation materials may have been used in
conjunction with steam generating equipment. A. Murphy Iron Works. B. 1917. C. Thermal insulation materials may have been used in
conjunction with steam generating equipment. A. Underfeed Stoker Company. B. 1922. C. Thermal insulation materials may have been used in
conjunction with steam generating equipment. A. Ground Coal Engineering Company. B. 1922. C. Thermal insulation materials may have been used in
conjunction with steam generating equipment. A. Bernitz Furnace Appliance Company. B. 1922 - 1927. C. Thermal insulation materials may have been used in
conjunction with steam generating equipment. A. United Machine and Manufacturing Company. B. 1924. C. Thermal insulation materials may have been used in
18
1 conjunction with steam generating equipment.
2 A. A.W. Cash Company renamed Cashco, Inc.
3 B. 1924 - 1971.
4 C. Thermal insulation materials may have been used in
5 conjunction with steam generating equipment.
6 A. Riley Engineering Supply Company, Ltd.
7 B. 1924 - 1937.
8 C. Thermal insulation materials may have been used in
9 conjunction with steam generating equipment.
10 A. Badenhausen Corporation.
11 B. 1931.
12 C. Thermal insulation materials may have been used in
13 conjunction with steam generating equipment.
14 A. Cash Standard Stacon Company.
15 B. 1955 - 1958.
16 C. Thermal insulation materials may have been used in
17 conjunction with steam generating equipment.
18 A. Union Iron Works.
19 B. 1960.
20 C. Thermal insulation materials may have been used in
21 conjunction with steam generating equipment.
22 A. Bros Michigan Division of American Hoist and Derrick
23 Company.
24 B. 1969.
25 C. Thermal insulation materials may have been used in
26 conjunction with steam generating equipment.
27 A. Abbott Heat Exchanger Corporation, renamed Riley
28 Southwest Corporation.
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1 B. 1972 - 1980.
2 C. Thermal insulation materials may have been used in
3 conjunction with steam generating equipment.
4 INTERROGATORY NO. 28:
5 State whether THIS DEFENDANT, between 1930 and 1985, has
6 ever engaged in the following activities with regard to RAW
7 ASBESTOS, and if so, state the inclusive dates of such activity:
8 A. Mining;
9 B. Milling;
10 C. Supply;
11 D. Importing;
12 E. Processing;
13 F. Distribution;
14 G. Marketing;
15 H. Sale;
16 I. Brokering.
17 RESPONSE TO INTERROGATORY NO. 28:
18 Riley has never mined, milled, supplied, imported, pro
19 cessed, distributed, marketed, sold or brokered raw asbestos.
20 INTERROGATORY NO. 29:
21 If YOUR answer to any of subparts of Interrogatory 28
22 regarding RAW ASBESTOS is in the affirmative, state:
23 A. The trade, brand name, and/or generic name of such RAW
24 ASBESTOS milled or MARKETED in any form or quantity between 1930
25 and 1985;
26
27
28
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1 B. The date(s) such RAW ASBESTOS was first placed on the
2 market, including the date(s) such RAW ASBESTOS was first market
3 ed;
4 1. On an experimental basis;
5 2. On a test basis;
6 3. For sale.
7 C. The date(s) such RAW ASBESTOS:
8 1. Ceased to be produced; or
9 2. Was recalled from the market, if ever.
10 D. A description of the chemical composition of such RAW
11 ASBESTOS, including the type and/or grade of asbestos;
12 E. A description of the physical appearance and nature of
13 such RAW ASBESTOS, including any color coding, distinctive
14 marking and/or logo on the packaging or container;
15 F. A detailed description of the intended use of such RAW
16 ASBESTOS, including any temperature limits for each such use;
17 G. Whether such RAW ASBESTOS was on the U.S. Government's
18 "Qualified Products List," and if so, the inclusive dates it was
19 on such list;
20 H. IDENTIFY to whom such RAW ASBESTOS has, at any time,
21 been sold. As to each such, state:
22 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS has, at
23 any time, been sold, shipped, or otherwise distributed, used or
24 installed to or at any COMPANY (including power company or
25 utility), governmental agency or entity, shipyard, distributor,
26 refinery, contractor, supplier, PREMISE owner or occupant, ship
27 owner, or other PREMISE or site in the GEOGRAPHIC AREA and
28 whether any of THIS DEFENDANT'S RAW ASBESTOS has at any time,
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___________________________ 21_________________________________________________________________
1 been sold to any manufacturer, or manufacturing facility, of
2 ASBESTOS-CONTAINING PRODUCTS. If so, state:
3 1. The names of each such COMPANY, governmental
4 agency or entity, shipyard, distributor, supplier, manufacturer
5 or refinery;
6 2. The inclusive dates of each such sale, and the
7 amount (quantity) and the trade brand name of such RAW ASBESTOS
8 sold;
9 3. The manner of shipment (e.g. boat, rail, etc.)
10 4. Whether you have any records indicating any such
11 sale or shipment and, if so, the name, address and job classifi
12 cation of each person who currently has possession of such
13 records.
14 5. Either (1) attach all DOCUMENTS evidencing the
15 information sought in this Interrogatory and its subparts to your
16 answers to these Interrogatories, or (2) attach disks containing
17 such data, or (3) describe such DOCUMENTS with sufficient partic
18 ularity that they may be made the subject of a request for
19 production of documents.
20 RESPONSE TO INTERROGATORY NO. 29:
21 Not applicable.
22 INTERROGATORY NO. 30:
23 Between 1930 and 1985, did YOU ever engage in any of the
24 activities listed below with regard to ASBESTOS-CONTAINING
25 PRODUCTS? If so, state the inclusive dates of such activity:
26 A. Supply;
27 B. Importing;
28 C. Distribution;
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1 D. Marketing;
2 E. Sale;
3 F. Labeling;
4 G. Manufacturing;
5 H. Brokering.
6 RESPONSE TO INTERROGATORY NO. 30:
7 A. Yes, 1930-1972.
8 B. No.
9 C. No.
10 D. Yes, 1930-1972.
11 E. Yes, 1930-1972.
12 F. No.
13 G. No.
14 H. No.
15 INTERROGATORY NO. 31:
16 If your answer to any subpart of Interrogatory No. 31
17 regarding "ASBESTOS-CONTAINING PRODUCTS" is in the affirmative,
18 state:
19 A. The trade, brand name, and/or generic name of each
20 such ASBESTOS-CONTAINING PRODUCT MARKETED in any form or quantity
21 between 1930 and 1985;
22 B. The date(s) each such ASBESTOS-CONTAINING PRODUCT was
23 first placed on the market, including the date(s) each such
24 ASBESTOS-CONTAINING PRODUCT was first MARKETED;
25 1. On an experimental basis;
26 2. On a test basis; or
27 3. For sale.
28
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1 C. The date(s) each such ASBESTOS-CONTAINING PRODUCT:
2 1. Ceased to be produced; or
3 2. Was recalled from the market, if ever.
4 D. A detailed description of the chemical composition of
5 each such ASBESTOS-CONTAINING PRODUCT, including the type and/or
6 grade of asbestos and/or asbestos fiber contained in each such
7 product and the guantitative percentage of asbestos or asbestos
8 fiber in each such product, and all nonasbestos components of the
9 ASBESTOS-CONTAINING PRODUCT, and if the chemical composition
10 changed over time, the inclusive dates of each formulation;
11 E. A description of the physical appearance and nature of
12 each such ASBESTOS-CONTAINING PRODUCT, including any color
13 coding, distinctive marking and/or logo, either on the product or
14 on the packaging; 15 F. A detailed description of the intended use of each 16 such ASBESTOS-CONTAINING PRODUCT, including any temperature
17 limits for each such use;
18 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on
19 the U.S. Government's "Qualified Products List," and if so, the
20 inclusive dates it was on such list;
21 H. The name and address of the supplier of the RAW
22 ASBESTOS used in each such product and the time period of such
23 supply;
24 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS OR
25 ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, 26 shipped, or otherwise distributed to any COMPANY (including power
27 company or utility), governmental agency or entity, shipyard,
28 distributor, refinery, contractor, supplier, manufacturer,
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1 PREMISE owner or occupant, ship owner, or other PREMISE or site
2 in the GEOGRAPHIC AREA. If so, state:
3 1. The names of each such COMPANY, governmental
4 agency or entity, shipyard, distributor, supplier, manufacturer,
5 refinery, contractor, PREMISE owner or occupant, ship owner,
6 PREMISE or site;
7 2. The inclusive dates of each such sale, shipment,
8 distributor, use or installation and the amount (volume) and the
9 trade or brand name of each such ASBESTOS-CONTAINING PRODUCT
10 sold;
11 3. Whether you have any records indicating any such
12 sale, shipment, distribution, use or installation and, if so, the
13 name, address and job classification of each person who currently
14 has possession of such records.
15 J. Either (1) attach all DOCUMENTS evidencing the infor
16 mation south in this Interrogatory and its subparts to your
17 answers to these Interrogatories, or (2) attach disks containing
18 such data, or (3) describe such DOCUMENTS with sufficient partic
19 ularity that they may be made the subject of a request for
20 production of documents.
21 RESPONSE TO INTERROGATORY NO. 31:
22 A. Thermal insulation was used on the exterior of boilers
23 and refractory material was used in the interior of
24 boilers. These materials may have contained asbestos.
25 These materials were, at times, supplied by Riley and
26 were, at times, supplied by Riley Stoker's customer or
27 the customer's hired contractor. When Riley supplied
28 thermal insulation or refractory material, that mate
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25
1 rial was selected-according to each purchase requisi
2 tion. Therefore, brand names and trade names varied
3 with each contract. Riley supplied block insula-
4 tion/calsil, 66 plaster, monoblock, pre-molded pipe
5 covering, mineral wool felt insulation, gaskets, rope
6 and insulation cement. In some boiler designs, the
7 insulating materials were completely enclosed within
8 the boiler walls and roof. In others, insulating
9 material was the outside covering. Some of the brand
10 names of refractory and insulation that Riley supplied
11 include Davey tile, 48 Insulation, Eagle Picher,
12 Balwin Hill, Johns-Manville.
13 B. Refractory material and thermal insulation material
14 which may have contained asbestos were supplied in
15 products as of 1930.
16 C. 1972
17 D. Riley has no knowledge of the chemical composition of
18 the thermal insulation and refractory materials pur
19 chased from others and supplied to customers in con
20 junction with the sale of its boilers. Furthermore,
21 Riley has no knowledge if the chemical composition of
22 these materials changed over time. Riley understood
23 that thermal insulation and refractory manufacturers
24 ceased using asbestos as an ingredient in 1972.
25 E. Riley has no general knowledge of the physical appear
26 ance and nature of any thermal insulation and refrac
27 tory material it purchased from others and supplied to
28 customers in conjunction with the sale of its boilers.
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Boilers have numerous applications, each with its own specifications, in industrial, utility and commercial environments. The insulating and refractory materials used were determined by each requisition. Riley must defer any further response to the manufacturers of any such insulation and refractory product. F. Other than using asbestos containing materials in the form of thermal insulation or refractory in conjunc tion with the boiler manufactured by Riley, Riley has no knowledge of any other intended use for the insula tion and refractory material. Riley knows that ther mal insulation was used to maintain efficiency and reduce heat loss from the inside of the boiler and the outside environment. It also protected persons pres ent in the vicinity of the boiler from contact burns. Refractory material was used as a transfer medium to transfer heat from its source to the water carried in the metal tubes which run throughout the boiler. G. Riley has no knowledge whether the thermal insulation and refractory materials it supplied in conjunction with its boilers were on the "Qualified Products List." Riley defers to the manufacturer or supplier of any such materials to determine its mode of market ing. H. Riley has no knowledge of the supplier of any raw asbestos used in the manufacture of thermal insulation and refractory material used in conjunction with its boilers. Riley defers to the manufacturer or supplier
27 r*rs To/-', IMTCODAO ATAOICC
1 of the insulation-and refractory material to determine
2 the identity of any such supplier of raw asbestos.
3 I. Riley's records are not maintained or archived by
4 geographical area. Riley has compiled a list of all
5 sites currently known to possess a boiler manufactured
6 or supplied by Riley in the geographical area. Riley's
7 investigation of additional sites is ongoing. There
8 fore, Riley reserves the right to amend or supplement
9 this interrogatory as additional information is found.
10 The list of sites to which Riley supplied boilers is
11 attached hereto as Exhibit B.
12 J. Riley's records may be retrieved and subsequently
13 produced by any one of three methods: 1) Boiler
14 serial number; 2) Contract number; or, 3) Customer
15 name. Riley has never maintained, referenced or
16 indexed its records by geographic area other than the
17 list attached hereto as Exhibit B.
18 INTERROGATORY NO. 32: (PREMISES DEFENDANTS only)
19 Did YOU install, remove, or handle or contract to have
20 others install, remove, or handle RAW ASBESTOS or ASBESTOS-
21 CONTAINING PRODUCTS at any PREMISES in the GEOGRAPHIC AREA which
22 PREMISES is at issue to YOU in San Francisco Superior Court
23 asbestos litigation as of the date of your answers to these
24 interrogatories? If so:
25 A. IDENTIFY the PREMISES.
26 B. For each of the PREMISES:
27 1. State the nature of your ownership or possessory
28 interest;
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DEFENDANT DR RILEY INC.'S THIRD AMENDED RESPONSES TO G0129 INTERROGATORIES
1 2. State the inclusive date of that interest;
2 3. IDENTIFY the party from whom that interest was
3 acquired;
4 4. IDENTIFY the party, if any, to whom that interest
5 was transferred.
6 C. IDENTIFY every contract to which YOU were a party or
7 of which you have knowledge wherein the performance of such
8 contract involved the installation, removal, disturbing or
9 handling of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at
10 YOUR PREMISES. For each such contract:
11 1. IDENTIFY the parties to the contract;
12 2. Provide a general description and specific
13 location of the work to be performed by each party to the con
14 tract;
15 3. IDENTIFY and describe the NATURE of the RAW
16 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS installed, removed,
17 disturbed or handled in the performance of the contract;
18 4. State the dates of the contract and the dates of
19 performance;
20 D. Except as provided in response to subpart (c), has any
21 work other than routine janitorial maintenance been done on or to
22 the PREMISES that involved the installation, removal, disturbing
23 or handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If
24 so, for each such instance:
25 1. State the inclusive dates of the work;
26 2. Provide a general description and specific loca
27 tion of the work;
28
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1 3. State whether the work was done by YOU and/or
2 YOUR employees;
3 4. IDENTIFY and describe the NATURE of the RAW
4 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS installed, removed,
5 handled or disturbed;
6 5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS-
7 CONTAINING PRODUCTS were acquired.
8 E. Has any asbestos abatement effort been made at the
9 PREMISES? If so, for each such effort:
10 1. IDENTIFY who did the work; 11 2. State the inclusive dates thereof;
12 3. State whether samples were taken, and if the
13 samples still exist, IDENTIFY the custodian of the samples;
14 4. State whether any material was tested, and if so,
15 what were the results of each test;
16 5. IDENTIFY each test result with sufficient partic
17 ularity for purposes of a request for production of documents,
18 or, in the alternative, attach a copy to YOUR answers to these
19 interrogatories.
20 F. Except for insurance coverage litigation, have you
21 filed suit against, or otherwise sought to recover from, any
22 person or entity for some or all of the cost of asbestos abate
23 ment or for the property damage allegedly caused by the presence
24 of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS on the PREMISES
25 identified in response to subpart (A) above? If so:
26 1. IDENTIFY the person or entity against whom YOU
27 have filed suit or otherwise sought to recover;
28
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2. If YOU have filed suit, state the court in which the action was filed, the date on which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of records;
3. State whether or not the case has been resolved, and, if so, what was the status or disposition.
G. Either (1) attach all DOCUMENTS evidencing the infor mation sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient partic ularity that they may be made the subject of a request for production of documents.
H. IDENTIFY the person(s) presently most knowledgeable about the information sought in this interrogatory or its sub parts . RESPONSE TO INTERROGATORY NO. 32:
Not applicable. INTERROGATORY NO. 33;
At any time between 1930 and 1985, did YOU hold a con tractor's license in the State of California? If so:
A. IDENTIFY each license by type, date and number. B. If on the date of your answers YOU are a defendant in four or more asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU performed (directly or through one or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 square feet or more in the GEO GRAPHIC AREA which job or contract involved installation, remov al, disturbing or handling RAW ASBESTOS or ASBESTOS-CONTAINING
p^h r-\/
31
Tuinn * i icm^ch DCODOMCCC TO <"501 9Q INTPRRnrs ATARIP^
1 PRODUCTS. (Alternatively, at your option, you may IDENTIFY each
2 job or contract YOU performed (directly or through one or more
3 subcontractors) during this time frame for all work, or for all
4 work on PREMISES of 50,000 square feet or more, in the GEOGRAPHIC
5 AREA.) As to each such job or contract:
6 1. IDENTIFY the location (including name of ship, if 7 applicable) where the job or work was performed;
8 2. State the date of the contract or the inclusive
9 dates of the work; 10 3. IDENTIFY the person or entity with whom you
11 contracted;
12 4. State your job or contract number. 13 C. If on the date of your answers you are not a defendant
14 in four or more asbestos actions in San Francisco Superior Court,
15 IDENTIFY each job or contract that YOU performed (directly or 16 through one or more subcontractors) during this time period for 17 work in any PREMISES which is at issue as to YOU on such date.
18 As to each such job or contract: 19 1. IDENTIFY the location (including name of ship, if 20 applicable) where the job or work was performed;
21 2. State the date of the contract of the inclusive
22 dates of the work;
23 3. IDENTIFY the person or entity with whom you
24 contracted; 25 4.
State your job or contract number.
26 RESPONSE TO INTERROGATORY NO. 33:
27 Not applicable.
28
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1 INTERROGATORY NO. 34:
2 Did any of the distributors identified in your Answer to
3 Interrogatory Nos. 29 and 31 above have any exclusive distribu
4 torship? If so:
5 A. State the relevant time period for each such exclusive
6 distributorship;
7 B. Either (1) attach all DOCUMENTS evidencing the infor
8 mation sought in this Interrogatories, or (2) attach disks
9 containing such data or (3) describe such DOCUMENTS with suffi
10 cient particularity that they may be made the subject of a
11 request for production of documents.
12 RESPONSE TO INTERROGATORY NO. 34:
13 Riley did not identify distributors in its Answer to
14 Interrogatory Nos. 29 and 31. Therefore, this interrogatory is
15 not applicable.
16 INTERROGATORY NO. 35:
17 IF THIS DEFENDANT entered into any agreements for the
18 rebranding of any ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT
19 for resale or distribution by another person or entity, describe
20 each agreement's terms and the parties to said agreement, the
21 duration of the agreement, and name of each product(s) and/or
22 material(s) covered by each such agreement.
23 RESPONSE TO INTERROGATORY NO. 35:
24 Riley did not enter into any agreements for rebranding any
25 asbestos-containing materials.
26 INTERROGATORY NO. 36:
27 If THIS DEFENDANT entered into any agreements for the
28 rebranding of ASBESTOS-CONTAINING PRODUCTS manufactured, sold,
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nrcckin*nT dd dm cv imp 'c TUinn aMCwncn npqpoNSFS TO G0129 INTERROGATORIES
1 supplied or distributed by another person or entity for resale or
2 distribution by YOU, describe each of the agreements and the
3 parties to said agreement, the terms, the duration, and the names
4 of each product(s) and/or material(s) covered by each such
5 agreement.
6 RESPONSE TO INTERROGATORY NO. 36:
7 Riley did not enter into any agreements for rebranding of
8 any asbestos-containing materials.
9 INTERROGATORY NO. 37:
10 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING
11 PRODUCT listed in YOUR responses to Interrogatories No. 29 and 31
12 did DEFENDANT warn of the health hazards of asbestos? If so,
13 state for each such warning:
14 A. The content, size, color, and location; whether the
15 warning appeared on the material and/or on the container, and/or
16 was placed on a tag; whether the warning was included in con
17 tracts; whether the warning was included in advertising or other
18 promotional materials.
19 B. State whether you have any photographs thereof;
20 C. The inclusive dates on which you used each such
21 warning;
22 D. State all changes you made in such warnings and the
23 dates of such changes; and
24 E. Identify the person most knowledgeable about your
25 warnings and warning policy.
26 RESPONSE TO INTERROGATORY NO. 37:
27 No. Riley did not itself manufacture asbestos-containing
28 products, but rather purchased such products (when called for
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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under a particular contract)- from manufacturers or distributors of those products that were used as a component of some of the boilers it designed. Furthermore, as Riley never packaged such products itself, it never placed warnings on the containers of asbestos-containing products that were used as a component of some of the boilers it designed. INTERROGATORY NO. 38:
With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state whether THIS DEFENDANT'S name, a trademark, logos, color coding, or other identifying markings ever appeared on the actual product itself. If so, IDENTIFY each such product, state when the practice to place such identifying markings upon the product was begun and when it ended, if applicable, and describe in detail the pertinent marking(s) and the purpose, if any, of such markings. RESPONSE TO INTERROGATORY NO. 38:
Riley provided a metallic nameplate with all boilers it sold, supplied, and erected. The nameplate contained the serial number, manufacturer's name and information regarding date of erection and operating pressure. The size of the nameplate varied but was typically rectangular in shape approximately 12 to 18 inches long and 8 to 12 inches high. INTERROGATORY NO. 39:
Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise acquire any ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, state for each such purchase:
A. Date of purchase or acquisition; B. Terms of purchase or acquisition agreement;
1 C. Either (1) attach-all DOCUMENTS evidencing said 2 acquisition, or (2) attach disks containing such data, or (3)
3 describe such DOCUMENTS with sufficient particularity that they
4 may be made the subject of a request for production of documents.
5 D. Trade, brand, and/or generic name of each such product
6 line so acquired;
7 E. Name of the person or entity from whom YOU purchased
8 or acquired each such ASBESTOS-CONTAINING PRODUCT line; and
9 F. Location of any manufacturing facilities so acquired,
10 and the type of ASBESTOS-CONTAINING PRODUCTS manufactured there
11 in.
12 RESPONSE TO INTERROGATORY NO. 39:
13 No.
14 INTERROGATORY NO. 40: 15 Between the years 1930 to 1985, did THIS DEFENDANT sell any
16 ASBESTOS-CONTAINING PRODUCT line to another person or entity? If
17 so, state for each such sale:
18 A. Date of sale;
19 B. Terms of sales agreement;
20 C. Either (1) attach all DOCUMENTS evidencing said sale, 21 or (2) attach disks containing such data, or (3) describe such
22 DOCUMENTS with sufficient particularity that they may be made the
23 subject of a request for production of documents.
24 D. Trade, brand, and/or generic name of each such product
25 line sold;
26 E. Name of person or entity to whom you sold each such
27 ASBESTOS-CONTAINING PRODUCTS line; and
28
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1 F. Location of any manufacturing facilities so sold, and 2 the type of ASBESTOS-CONTAINING PRODUCTS manufactured therein.
3 RESPONSE TO INTERROGATORY NO. 40;
4 NO.
5 INTERROGATORY NO. 41:
6 IDENTIFY all brochures, pamphlets, catalogs or other
7 advertising relating to ASBESTOS-CONTAINING PRODUCTS and/or RAW
8 ASBESTOS which THIS DEFENDANT manufactured, sold, distributed or
9 supplied from the year 1930 to 1985. For each such document,
10 state:
11 A. A description of the document;
12 B. The year it was printed; 13 C. The period of time in which it was used;
14 D. The purpose of such document;
15 E. Whether the documents or copies of said documents
16 presently exist;
17 F. If said documents or copies still exist, where they
18 are located; and
19 G. The IDENTITY of the custodian of such documents.
20 RESPONSE TO INTERROGATORY NO. 41:
21 A. Brochure, copy, titled "Riley Steam Generators and
22 Fuel Burning Systems", 20 pages.
23 B. This particular copy was printed in 1985. However, it
24 is not known when this brochure was first printed.
25 C. Unknown.
26 D. Marketing of boilers.
27 E. Yes.
28
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F. McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer, LLP, 1211 Newell Avenue, Walnut Creek, California.
G. No individual serves as the custodian of these docu ments. Rather they are kept and maintained by the Asbestos Department of McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer LLP.
A. Brochure, copy, titled "Riley MH Series Packaged Boilers", 14 pages.
B. This copy was printed in 1984. However, it is unknown when this brochure was initially printed.
C. Unknown. D. Marketing of boilers. E. Yes. F. McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer LLP,
1211 Newell Avenue, Walnut Creek, California. G. No individual serves as the custodian of these docu
ments. Rather they are kept and maintained by the Asbestos Department of McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer LLP. A. Brochure, copy, no title but with "Riley" name, con cerns Riley's services and manufacturing activities, 20 pages. B. This copy was printed in 1990 and the brochure appears to have been created and first printed in 1982. C. Unknown. D. Marketing of boilers. E. Yes.
38
1 F. McNamara, Dodge, Ney, Beatty, Slattery & Pfalzer LLP,
2 1211 Newell Avenue, Walnut Creek, California.
3 G. No individual serves as the custodian of these docu
4 ments. Rather they are kept and maintained by the
5 Asbestos Department of McNamara, Dodge, Ney, Beatty,
6 Slattery & Pfalzer LLP.
7 INTERROGATORY NO. 42:
8 State if YOU have or had within YOUR corporate or other
9 business structure any CONTRACT UNITS.
10 RESPONSE TO INTERROGATORY NO. 42:
11 No.
12 INTERROGATORY NO. 43:
13 State whether or not any of YOUR CONTRACT UNITS installed
14 and/or removed RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS
15 in the GEOGRAPHIC AREA at any time between 1930 and 1985. If so:
16 A. State the business address and name of the CONTRACT
17 UNIT;
18 B. State the inclusive periods of time the CONTRACT UNITS
19 were working in the GEOGRAPHIC AREA;
20 C. State the name and address of each job site within the
21 GEOGRAPHIC AREA and the dates the CONTRACT UNIT worked at those
22 job sites, and, IDENTIFY the RAW ASBESTOS and/or ASBESTOS-CON
23 TAINING PRODUCTS installed or removed on each occasion;
24 D. Either (1) attach all DOCUMENTS evidencing the inform
25 ation sought in this Interrogatory and its subparts to your
26 answers to these Interrogatories, or (2) attach disks containing
27 such data, or (3) describe such DOCUMENTS with sufficient partic-
28
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nPFCwnflMT no dii pv ind 'Q THIRD AMFNDFD RFRPONSES TO G0129 INTERROGATORIES
1 ularity that they may be made the subject of a request for
2 production of documents.
3 RESPONSE TO INTERROGATORY NO. 43:
4 Not applicable.
5 INTERROGATORY NO. 44:
6 When do YOU contend that THIS DEFENDANT first became aware
7 that there is an association between asbestos exposure and
8 disease in human beings?
9 RESPONSE TO INTERROGATORY NO. 44:
10 Sometime after 1972 Riley became aware that some diseases
11 were alleged to be associated with exposure to asbestos.
12 INTERROGATORY NO. 45:
13 How do YOU contend that THIS DEFENDANT first became aware
14 that there is an association between asbestos exposure and
15 disease in human beings.
16 RESPONSE TO INTERROGATORY NO. 45;
17 Following a reasonable and good faith effort to obtain the
18 information by inquiry to other natural persons or organizations,
19 except where the information is equally available to the propoun
20 ding party, Riley states that it has no knowledge of how it first
21 became aware that there is an association between asbestos
22 exposure and disease in human beings.
23 INTERROGATORY NO. 46:
24 Either (1) attach all DOCUMENTS evidencing the information
25 upon which YOUR contentions in YOUR answers to Interrogatories
26 No. 44 and No. 45 are based, or (2) attach disks containing such
27 data, or (3) describe such DOCUMENTS with sufficient particu-
28
. Ney,
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40
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'vv iiiTcnnAP/iTnoiCC'
1 larity that they may be made.the subject of a request for produc
2 tion of documents.
3 RESPONSE TO INTERROGATORY NO. 46:
4 Following a diligent search and a reasonable inquiry in an
5 effort to comply with the document production or document de
6 scription sought in Interrogatories No. 44 and No. 45, Riley
7 states that it has no documents.
8 INTERROGATORY NO. 47;
9 When did THIS DEFENDANT first warn its employees that
10 exposure to asbestos could be hazardous to human health? State:
11 A. Whether the first such warning was written or oral;
12 B. Whether copies of DOCUMENTS containing such warning
13 exist;
14 C. The IDENTITY of the custodian of such DOCUMENTS;
15 D. The content of the warning.
16 RESPONSE TO INTERROGATORY NO. 47:
17 Riley did not warn its employees that asbestos could be
18 hazardous to human health.
19 INTERROGATORY NO. 48:
20 Did THIS DEFENDANT ever issue a written COMPANY policy
21 discontinuing warning its employees that exposure to asbestos
22 could be hazardous to human health? If so,
23 A. Provide the date;
24 B. Describe the circumstances; and
25 C. Either (1) attach all DOCUMENTS evidencing the infor
26 mation sought in this Interrogatory and its subparts to your
27 answers to these Interrogatories; or (2) attach disks containing
28 such data, or (3) describe such DOCUMENTS with sufficient partic-
, Ney,
____________________________________ 41_______________________________________________________________
1 ularity that they may be made the subject of a request for
2 production of documents.
3 RESPONSE TO INTERROGATORY NO. 48:
4 Not applicable because Riley did not warn its employees
5 that asbestos could be hazardous to human health.
6 INTERROGATORY NO. 49:
7 Did THIS DEFENDANT provide any Independent Contractor or
8 Subcontractor within the GEOGRAPHIC AREA with a written warning
9 that exposure to asbestos could be hazardous to human health? If
10 so: 11 A. Either (1) attach all DOCUMENTS evidencing the infor
12 mation sought in this Interrogatory and its subparts to your 13 answers to these Interrogatories, or (2) attach disks containing
14 such date or (3) describe such DOCUMENTS with sufficient particu
15 larity that they may be made the subject of a request for produc
16 tion of documents.
17 RESPONSE TO INTERROGATORY NO. 49:
18 No.
19 INTERROGATORY NO. 50:
20 Has THIS DEFENDANT been cited for or otherwise charged by a
21 public agency with a violation in the GEOGRAPHIC AREA of any
22 statute, ordinance, safety order, regulation, or law pertaining
23 to asbestos exposure? For each occasion, IDENTIFY:
24 A. The citation;
25 B. The code section, safety order, statute, or regulation
26 for which THIS DEFENDANT had been cited or otherwise charged;
27 C. The date(s) thereof;
28
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42
1 D. The agency or other governmental unit which issued the
2 citation or otherwise charged YOU.
3 E. All persons known to YOU with information relevant to
4 the incident.
5 F. What was the ultimate resolution.
6 RESPONSE TO INTERROGATORY NO. 50:
7 No.
8 INTERROGATORY NO. 51:
9 If THIS DEFENDANT has ever owned or operated a railroad,
10 state: 11 A. The IDENTITY of each such railroad, including the
12 name(s) of such railroad during the time period of YOUR ownership
13 and/or operation, the principle place of business of such rail
14 road and the dates of YOUR ownership and/or operation;
15 B. The geographic area of operation of such railroad;
16 C. The name(s) of such railroad prior to YOUR ownership
17 and/or operation;
18 D. The IDENTITY of the person or entity from whom YOU
19 purchased your ownership or operating interest, and the date of
20 such purchase;
21 E. The IDENTITY of the person or entity to whom YOU sold
22 your ownership or operating interest, and the date of such sale;
23 F. Whether copies of DOCUMENTS evidencing your owner
24 ship/operation and/or sale exist;
25 G. The IDENTITY of the Custodian of such DOCUMENTS;
26 H. To the extent that information has not been given in
27 answers to Interrogatory Nos. 32 and 33, the information request
28 ed in Interrogatory Nos. 32 and 33, for each railroad owned or
, Ney,
43
1 operated by YOU.
2 RESPONSE TO INTERROGATORY NO. 51:
3 Riley has never owned or operated a railroad. Therefore,
4 this interrogatory is not applicable.
5 INTERROGATORY NO. 52:
6 If DEFENDANT has ever owned or operated a shipyard, state:
7 A. The IDENTITY of each such shipyard, including the
8 name(s) of such shipyard during the time period of YOUR ownership
9 and/or operation, the place of business of such shipyard and the
10 dates of YOUR ownership and/o operation;
11 B. The name(s) of such shipyard prior to YOUR ownership
12 and/or operation;
13 C. The IDENTITY of the person or entity to whom YOU sold
14 your ownership or operating interest, and the date of such sale;
15 D. Whether copies of DOCUMENTS evidencing your owner
16 ship/operation and/or sale exist;
17 E. Whether any representative of THIS DEFENDANT attended
18 the Maritime Commission Conference in December 1942 in Chicago,
19 Illinois? If so, IDENTIFY any such representative of THIS
20 DEFENDANT;
21 F. The IDENTITY of the Custodian of such DOCUMENTS;
22 G. To the extent that information has not been given in
23 answers to Interrogatory No. 32, the information requested in
24 Interrogatory No. 32, for each shipyard owned or operated by YOU.
25 RESPONSE TO INTERROGATORY NO. 52:
26 Riley has never owned or operated a shipyard. Therefore,
27 this interrogatory is not applicable.
28
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44
1 INTERROGATORY NO. 53:
2 At any time between 1930 and 1985, did you import, export,
3 ship, transship or otherwise transport RAW ASBESTOS or ASBESTOS-
4 CONTAINING PRODUCTS into, out of or through any port in the
5 GEOGRAPHIC AREA? If so, for each occasion:
6 A. IDENTIFY and describe the NATURE and amount of RAW
7 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS;
8 B. IDENTIFY the ship or ships (including the owners and
9 operators thereof) onto or from which the RAW ASBESTOS and/or
10 ASBESTOS-CONTAINING PRODUCTS were loaded, unleaded or trans
11 shipped; 12 C. State the dates, port and pier involved for each
13 occasion; 14 D. Either (1) attach all DOCUMENTS evidencing the infor
15 mation sought in this Interrogatory and its subparts to your 16 answers to the Interrogatories, or (2) attach disks containing
17 such data, or (3) describe such DOCUMENTS with sufficient partic
18 ularity that they may be made the subject of a request for
19 production of documents.
20 RESPONSE TO INTERROGATORY NO. 53:
21 No. 22 DATED: August /O . 2001
23
24
25
26
27
28
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ZBT LLP
_______________________________________________________________ 45_____________________________
.rr m ,,,,
Tutor* tucimcn oceonwccq TO
INTFRROOATORIES
1211 (
SaNFORD RILEY STOKER COMPAQ (irorponccd)
mi'
i
MURPHY IRON WORKS (purcluscd)
im I
UNDERFEED STOKER COMPANY (porchised) GROUND COAL ENGINEERING COMPANY (purdwsed) BERNITZ, FURNACE APPLIANCE COMPANY (purchased)
122 i
UNITED MACHINE AND MANUFACTURING COMPANY (purchased)
UNDERFEED STOKER, MURPHY IRON WORKS & UNITED MACHINE AND MANUFACTURING (mcrjed vdsh Sanford RH<y Stoler Company)
AW. CASH COMPANY (becomes dirca nibridiajy; omc hxer dunged to Czstxo. Inc.)
RILEY ENGINEERING SUPPLY COMPANY. LTD * (ecquired)
12ZZ I
BERNTTZ FURNACE APPLIANCE COMPANY (sold drcx. 1927)
mi
i
KADENHAUSEN CORPORATION (becomes robsiduiy)
122Z
!
RILEY ENGINEERING SUPPLY COMPANY LTD (soM)
im -- 1
CASH STANDARD STACON COMPANY. INC. (orranaed ts subsidiary of A.W. Cash )
122S !
CASH STANDARD STACON COMPANY (dissolved)
.> .
1262 I
UNION IRON WORKS (becomes subsidiary)
IW
1.
BADENHAUSEN CQRP. (merged)
UNION IRON WORKS (merfed) bros Michigan div. of American Hoist and derrick company (purdused)
.
I9U
I
CASHCO. INC. (disposed)
'
im1
ABBOTT HEAT EXCHANGER. CORP. (perdusod and returned Riley Southwest Corp.)
1980
l RILEY SOUTHWEST CORP. (<
1. 2. 3. 4. 5. 6. 7. 8.
.9.
10
1112..
13. 14. 15. 16. 17. 18. 19.
.2210.
22.
23. 24.
25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42.
43. 44. 45. 46.
47. 48. 49. 50. 51. 52. 53. 54. 55. 56.
EXHIBIT B
Arabian American Oil Co.
San Francisco, CA
Burney Forest
Burney, CA
C.K. Williams Co.
Emeryville, CA
California Ammonia Co.
Lathrop, CA
California Container Corp.
Santa Clara, CA
California Growers Winery
Calgro station, CA
Cal.Prune and Apricot Growers
Sacramento/San Juaquin Valleys
Caminol Company
Hanford, CA
Central Packing Co.
Monterey, CA
Crane Mills
Paskenta, CA
Davies-Johnson Lumber Co.
Calpine, CA
Diamond Match Co.
Red Bluff, CA
Diamond Match Corporation
Marysville, CA
Diamond National Corporation
Red Bluff, CA
E.F. Drew Company
Lindsay, CA
E.I. DuPont de Nemours Co.
San Francisco, CA
Fairhaven Power Co.
Eureka, CA
Flintkote Co.
San Leandro, CA
Fluor Corporation
Bakersfield, CA
(aka S. Coles Levee Project)
Georgia Pacific Corp.
Ft. Bragg, CA
Georgia Pacific Corp.
Samoa, CA
(aka Hammon & Little River Redwood)
H.H. Plummer Co.
San Francisco, CA
Holly Sugar Co.
Hamilton City, CA
Hunter's Point Naval Shipyard
San Francisco, CA
(aka San Francisco Naval Shipyard)
Libby, McNeill Libby
Gridley, CA
Libby, McNeill Libby
Sunnyvale, CA
Lyons-Magnus, Inc.
San Francisco, CA
Marsh Lumber Co.
Loyalton, CA
Martinez Food Canners
San Francisco, CA
Mercy Hospital
Carmichael, CA
Mohawk Petroleum Corp.
Bakersfield, CA
Norton Air Force Base
San Bernadino, CA
Owens Corning Fiberglass
Santa Clara, CA
PG&E
Eureka, CA
PGE
San Francisco, CA
Porterville Epilep. Hospital
Porterville, CA
Porterville State Hospital
Porterville, CA
Ranchers Cotton Oil Co.
Fresno, CA
Reg. Agricultural Research Lab
Albany, CA
Roddis Plywood Corp.
Areata, CA
Roosevelt Base
Terminal Island, CA
Sacramento Municipal Utility
District
Clay, CA
San Carlos Canning Co.
Monterey, CA
San Francisco Brewing Co.
San Francisco, CA
San Joaquin Cotton Oil Co.
Bakersfield, CA
Shasta Pulp & Paper
Anderson, CA
(aka Simpson Takoma Kraft Co.)
Sierra Pacific Industries
Barney, CA
Sierra Pacific Industries
Loyalton, CA
Southern California Lumber
San Jose, CA
Spreckels Sugar Co.
Manteca, CA
Spreckels Sugar Co.
Woodland, CA
Standard Oil Company
Bakersfield, CA
Standard Oil Company
Elk Hills, CA
Standard Oil Company
Richmond, CA
Superior Oil Co.
Shafter, CA
Theo Hamms Brewing Co.
San Francisco, CA
57.
58. 59. 60. 61.
62. 63.
64. 65.
66. 67. 68. 69. 70.
71. 72. 73. 74. 75.
76. 77.
Tidewater Oil Co. (TOSCO) (aka - Avon, Phillips, Lyon Oil, Associated Oil) Tri-Valley Pack. Assoc. Tri-Valley Pack. Assoc. Tri-Valley Pack. Assoc. U.S. Appraiser Store & Immigration Station U.S. Naval Repair Base U.S. Naval Aux. Air Station (aka Miramar Naval Station) U.S. Naval Hospital U.S. Naval HosptialCamp Pendleton U.S. Naval Op. Base U.S. Naval Training Center San Diego Naval Air Station U.S. War Dept. - Camp Hahn U.S. War Dept. Reconsignment Depo Union Lumbar Co. Union Oil/Unocal United Vintners University of California at Western Energy for Sierra Pacific Industries Western Gulf Oil Co. Westvaco Mineral Products
- Avon, CA
Modesto, CA San Jose, CA Stockton, CA
San Francisco, CA San Diego, CA Miramar, CA
San Diego, CA
Camp Pendleton, CA San Diego, CA San Diego, CA San Diego, CA March Field, CA
Yermo, CA Fort Bragg, CA Rodeo (Oleum), CA Madera, CA Berkeley, CA
Barney, CA Paloma, CA Newark, CA
1
2
3 4 VERIFICATION TO FOLLOW
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AW
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46 ncccwnawT no on fy inh 'S THIRH AMENDED RESPONSES TO G0129 INTERROGATORIES
1 PROOF OF SERVICE BY MAIL (C.C.P. 1013a, 2015.5)
2 I hereby declare that I am a citizen of the United States, am
3 over the age of eighteen years, and not a party to the within
4 action; my business address is 1211 Newell Avenue, Second Floor,
5 Walnut Creek, California 94596.
6 On this date I served the foregoing DEFENDANT DB RILEY, INC'S
7 THIRD AMENDED RESPONSES TO PLAINTIFFS' STANDARD 60129 INTERROGATO
8 RIES TO ALL DEFENDANTS on the parties in said action, by placing a
9 true copy thereof enclosed in a sealed envelope with postage
10 thereon fully prepaid, in the United States Post Office mail box at
11 Walnut Creek, California, addressed as follows:
12 San Francisco County Superior Court Attn: Court Clerk
13 400 McCallister Street San Francisco, CA 94107
14 Bruce L. Ahnfeldt, Esq.
15 LAW OFFICES OF BRUCE L. AHNFELDT P.0. Box 6078
16 Napa, CA 94581
17 Alan R. Brayton, Esq. BRAYTON & PURCELL
18 222 Rush Landing Road P.O. Box 2109
19 Novato, CA 94948
20 Jack K. Clapper, Esq. LAW OFFICES OF JACK K. CLAPPER
21 Marine Office Plaza 2330 Marinship Way, Suite 140
22 Sausalito, CA 94965
23 Christopher E. Grell, Esq. LAW OFFICES OF CHRISTOPHER E. GRELL
24 360 22nd Street, Suite 320 Oakland, Ca 94612
25 Harry F. Wartnick, Esq.
26 WARTNICK, CHABER, HAROWITZ, SMITH & TIGERMAN, INC. 101 California Street, Suite 2200
27 San Francisco, CA 94111
28
, Ney,
1 Richard Hobin, Esq. HOBIN & SHINGLER, LLP
2 1011 "A" Street Antioch, CA 94509
3 Dean A. Hanley, Esq.
4 PAUL & HANLEY, LLP 4905 Central Avenue, Suite 200
5 Richmond, CA 94804
6 I declare under penalty of perjury that the foregoing is true
7 and correct.
8 Executed on August 10, 2001, at Walnut Creek, California.
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