Document baxz8q1a1r5ZJB9bmB4e922O6

FILE NAME Bechtel BECH DATE 2002 Aug 23 DOC BECH001 DOCUMENT DESCRIPTION Letter to Attorney Petty from Attorney Gross with Attachments KAZAN MCCLAIN EDISES ABRAMS . _ FERNANDEZ LYONS & FARRISE A Professional Law Corporation Steven Kazan David M. McClain , Victoria Edises Denise Abrams Francis E. Fernandez Dianna Lyons Simona A. Farrise 171 Twelfth Street Third Floor Oakland California 94607 510 465-7728 510 893-7211 FAX 510 835-4913 mail postmaster@kazanlaw.com : www.kazanlaw.com www.kazanlaw.com , ; August 23 2002 Via Facsimile and First Class Mail Ross Petty Esq Thelen Reid & Priest LLP 101 Second Street Suite 1800 San Francisco CA 94105 ? 6PM ? 62 PM : Frances C. Schreiberg Terry N. Gross _ Gordon D. Greenwood James L. Oberman Andrea Huston Diana Esquivel Anthony D. Prince Petra Dejesus Karen L. Creech Wes Wagnon Anya Fuchs Ronald K. Herron Yvonne Huggins Carlos J. E. Guzm^n Sept3 Sept3 Re John Jensen et al v ABB Lummus Global Inc. et al Superior Court Number 2002-044879 Your Client Sequoia Ventures Inc. - Alameda County Dear Mr. Petty Attached please find additional documents plaintiffs intend to use at trial including Bechtel's membership card for the National Safety Council excerpts from Robert Maracek's deposition corporate librarian for the National Safety Council authenticating the membership card and Bechtel's June 1997 discovery responses to General Order 129 Interrogatories admitting membership but no information regarding dates prior to 1986 Sincerely TNG Encls Terry N. Gross TGROSS Certified Appellate Specialist The State Bar of California Board of Legal Specialization Member Organizations NSC rermmemenre BY Sort Name '- NSC MemberOrganization : > Sort Name Bechtel Bill To Parent N ID Constit 0063800007 Status A > > Company Bechtel Corp > Contact S C Burkhammer > Last Inv 96944852 " } Title Vp Sfty Svc & Hith > Notes Y > > > Address Primary > BP2 Key Code > SIC Code 1500 > > 5275 Westview Drive SSN > > Frederick MD 21703-8306 > > Business 301 228-7507 Ext Unlisted N > > Fax 301 663-7737 Ext Unlisted N > "Dues Category NEWORGOSDHueAs Amt 387.50 _ 387.50 " R" enewal Mo 2002 / 02 Expiration Mo 2002/01 202/01 2002/01 y > Comments Mbr renewal entered on 00perBTarnowski > Orig By Scoopuse 12/24/95 Chgd By murriete 11/15/00 sc 12/01/50 JOIN Member converted NATLCNS DADA JENNIFER KUENSTER State Bar No. 104607 THELEN MARRIN JOHNSON & BRIDGES LLP | Two Embarcadero Center Suite 2100 San Francisco California 94111 . Telephone 415 392-6320 Attorneys for Defendant SEQUOIA VENTURES INC DECEIVER DECIVER JUN 1100 10 1997 uy | ABRAMS Be, KAZAN MCCLAINMCCLAIN SIMON & . coff coff coff coff coff coff SUPERIOR COURT OF THE STATE OF CALIFORNIA . IN AND FOR THE COUNTOYF SAN FRANCISCO 10 11 12 IN RE 13 14 15 ) COMPLEX ASBESTOS LITIGATION 16 NO 828684 SEQUOIA VENTURES INC.'S RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER 129 17 18 19 IDENTIFY the person verifying these answers on YOUR behalf 20 RESPONSE INTERROGATORY 21 Richard Pugliese 22 INTERROGATORY NO 2 23 State the date of first employment with YOU and the dates and 24 titles of each job position the person verifying these 25 interrogatories has held while employebdy YOU 26 INTETR O R INTO ERG ROGA ATT ORYONR O Y 2 27 Mr. Pugliese was first employed in May 1989 e Richard Kopf in the following cases 1 James Battistessa SF No. 948352 Brayton Harley Curtis 2. Robert Fisher SF No. 963843 Brayton Harley Curtis " 3 William Tomsky SF No. 969912 Brayton Harley Curtis 4 . Margaret McDonnell SF No. 972446 Brayton Harley Curtis 5. Robert Durenberger SF No. 975212 Brayton Harley Curtis 6 Henrietta Mitchell SF No. 965292 Brayton Harley Curtis INTERROGATORY 7 Camille Almada INTERROGATORY NO Harley | 13 Curtis SF No. 978160 Brayton : For each of the following please state whether at any time within the time frame or until such time as any defendant which had been engaged in MARKETING RAW ASBESTOS or ASBESTOS- CONTAINING PRODUCTS discontinued the MARKETING of such products THIS DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT excluding faculty members of educational institutions to be a member of the following A. , Hygienists American Conference of Governmental Industrial B. American Industrial Hygiene Association C. American Petroleum Institute D. American Railroad Association E. Asbestos Cement Producers Association F. Asbestos Information Association AIA please answer through date of your answers .G Asbestos Information Association America ur AIA please answer through date of your answers H. Asbestos Textile Institute ATI; I. Industrial Hygiene Foundation and Industrial Health Foundation IHF 10 J. Industrial Mineral Insulation Manufacturers 11 Institute 12 K. 13 Is 14 Association Magnesia Insulation Manufacturers Association Magnesia Silica Insulation Manufacturers 15 16 17 NIMA ; M. Mineral Wool Institute National Insulation Manufacturers Association| 18 National Safety Council 19 New York Academoyf Sciences 20 Quebec Asbestos Mining Association QAMA ; 21 R Refractories Institute 22 S. Safe Building Alliance please answer through date 23 of your answers 24 25 TIMA; 26 27 ' Thermal Insulation Manufacturers Association U.S. Maritime Commission IDENTIFY any other organizations associations or , , groups of manufacturers miners distributors importers labelers suppliers and or sellers of CONTAINING PRODUCTS of which THIS DEFENDANT was a member 4 W. IDENTIFY any such representative of THIS DEFENDANT 5 RESPONSE TO INTERROGATORY A. No. 7 B. No . : C. Yes D. No. E. No. 11 F. No. : 12 - G. No. 13 H. + No. 14 15 16 17 18 I. No. J. No. K. No. - ; L. No. M. No. 19 N. No. 20 21 22 23 o Yes B. No. Q. No. R. No. S. No. 25 T. No. 26 U. No. 27 V. None For each organization association or other entity identified in YOUR Response to Interrogatory No. 13 please state A. The dates during which THIS DEFENDANT was a member B. The name of any publication s DEFENDANT from such association or organization received by THIS C. The name of any committee or subcommittee of which THIS DEFENDANT was a member and the dates of such committee or . . subcommittee membership 10 RESPONSE TO INTERROGATORY NO 14 11 A. Defendant believes that corporate or individual 12 memberships in the organizations identified in Interrogatory No. 13 13 were held as follows 14 15 a No information regarding dates prior to 1986 17 b unknown 18 C. unknown 19 American Petroleum Institute Institute 20 a 1955 through 1985 21 b unknown 22 C. unknown 23 INTERROGANTOOR1Y5 24 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS 25 containing results or conclusions of any studies and tests 26 conducted by Bonsib for Standard Oil of New Jersey relating to 27 asbestos exposure in the workplace or the human health consequences -10- 0001 1 VAWN VAWN VAWN VAWN 6 7 8 9 10 11 12 maracek. IN THE CIRCUIT COURT BALTIMORE CITY 24X00000378 + IN RE ; BALTIMORE CITY LITIGATION ASBESTOS LITIGATION GEORGE HICKS et al Plaintiff VS. AC and S INC et al- Defendants CASE AFFECTED Alexander wilson Case # X99002160 20 Evidence videotaped deposition of ROBERT 21 MARECEK taken before LAURA SARNO CSR Notary Public at 22 the National Safety Council 1121 Spring Lake Drivien 23 24 0002 the City at 11:00 County of Itasca DuPage o'clock a.m. the 15th Illinois commencing day of August 2001 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 20 21 22 234 234 0003 7234 7234 7234 APPEARANCES MR JONATHAN RUCKDESCHEL Attorney at Law Parker Dumler & Charles Center South South LLP 36 South Charles Street Baltimore Maryland 21201 410 625-9330 On behalf of the plaintiff MR STEVEN A. ALLEN Attorney at Law Hodes Ulman Pessin 901 Dulaney Valley Suite 400 & Katz Road Towson Maryland (410)339-6769 (410)339-6769 On behalf of the 21204 Defendant P.A. PEPCO APPEARANCES CONTINUED Telephonically MR VINCE PALMIOTTO Page 1 Attorney at Law Church & Houff 2 North Charles Suite 600 Baltimore Maryland 21201 539-3900 539-3900 On behalf of the Defendants Certainteed and & maracek MS BECKY BRELSFORD Attorney at Law Robinson Woolson 217 East Redwood Suite 1500 Baltimore Maryland 21202 625-0000 On behalf of te Defendant John Crane APPEARANCES CONTINUED Telephonically MS NANCY WELLER Attorney at Law Goldfein & Hosmer 18 West Street Annapolis Maryland 21401 (410)263-3660 (410)263-3660 On behalf of the Defendants Anchor & Garlock MR RICHARD L. FLAX Attorney at Law Zauner Gawlik & Flax 100 North Charles Street Suite 1700 Baltimore Maryland 21201 (410)962-0500 (410)962-0500 On behalf of the Defendant Walter E. Campbell Co. Inc APPEARANCES CONTINUED Telephonically MR DAVID W. ALLEN Attorney at Law Goodell Devries Leech & Dann One South Street 20th Floor Baltimore Maryland 21202 410 783-4005 On behalf of the Defendant Hampshire MR MICHAEL DEHAVEN Attorney at Law Bodie Nagle 21 West Susquehanna Avenue Page 2 maracek MR RUCKDESCHEL There is is already an NSC 157 MR ALLEN where do thkiendnumbers stop if you could be so MR RUCKDESCHEL 157 So if you'll MR ALLEN All make this NSC 158 , right BY MR ALLEN Q. Can you tell me sir is this a similar record kept National Safety Council in by the the ordinary course of its business relating to the membership status of a particular member A. Yes it is Q. And the member on that sheet is the Bechtel Corporation A. That's correct Q. And that sheet shows that the Bechtel Corporation has been a member of the National Safety Council since what date A. According to this record - Bechtel has been a member of NSC since December 1 1950 Q. And they would have been a continuous member from December 1 1950 to today A.. To my understanding yes Q. Okay Now Bechtel may actually have been a member at some point before 1950 allowed their membership torejo ani d rn eje oind ed in 1950 that correct A. As explained to me by our membership people that is correct Q. And you would have no record to indicate whether or not they had been a member before 1950 in A. I would not maintain that in the library people Q. And the membership have told you they similarly would not have such a record MR RUCKDESCHEL Objection THE WITNESS That's correct ; MR ALLEN Basis Let's go off the video . . THE VIDEOGRAPHER We are now going off the record and the time is approximately 12:02 p.m. MR ALLEN So I can correct the question if necessary What's the basis MR RUCKDESCHEL It's not an objection to the form nor is it an objection that you can correct today Page 27 KAZAN MCCLAIN EDISES ABRAMS FERNANDEZ LYONS & FARRISE A Professional Law Corporation 171 Twelfth Street Third Floor Oakland California 94607 510 465-7728 510 893-7211 FAX 510 835-4913 mail postmaster@kazanlaw.com www.kazanlaw.com FACSIMILE COVER SHEET TO FROM RE August 23 2002 Ross M. Petty Esq THELEN REID & PRIEST LLP Fax No 415 371-1211 Terry N. Gross KAZAN McCLAIN EDISES ABRAMS FERNANDEZ LYONS & FARRISE John Jensen et al .ABB Lummus Global Inc. et al Alameda County Superior Court No. 2002-044879 Your Client Sequoia Ventures MESSAGE TRANSMITTING A TOTAL OF 11 PAGES INCLUDING THIS COVER PAGE IF YOU DO NOT RECEIVE ALL OF THE PAGES PLEASE CALL AS SOON AS POSSIBLE AT 510 465-7728 CONFIDENTIAL This message contains information from the lawfirm Kazan McClain Edises Abrams Fernandez Lyons & Farrise which may be privileged confidential and exempt from disclosure under applicable law you have received this communication in error please notify us immediately at ourphone number setforth above and we will be happy to arrangefor the return ofthis message via United States Postal Services to us at no cost to you Please do not disseminate distribute or copy this communication THANK YOU "x COMMUNICATION RESULT REPORT ( AUG 2002 7:25 * * x MODE OPTION 1356 MEMORY TX | TTI KAZAN MCCLAIN ETAL ADDRESS GROUP RESULT PAGE G3 THELEN SFOK 11/11 ERROR REASFOOR N LINE _. 3 ANSWER OR FAIL -2 NO FACSIMILE FACSIMILE CONNECTION KAZAN MCCLAIN EDISES ABRAMS FERNANDEZ LYONS & FARRISE A Professional Law Corporation 171 Twelfth Street Third Floor Oakland California 94607 510 465-7728 510 893-7211 FAX 510 835-4913 mail postmaster@kazanlaw.com www.kazanlaw.com www.kazanlaw.com FACSIMILE COVER SHEET TO FROM RE August 23 2002 Ross M. Petty Esq THELEN REID & PRIEST Fax No 415 371-1211 TKeArrZyAN.NGMroCsCsLAIN EDISES ABRAMS FERNANDEZ LYONS & FARRISE John Jensen et al v ABB Lummus Global Inc. et al Alameda County Superior Court No. 2002-044879 Your Client Sequoia Ventures * * COMMUNICATION RESULT REPORT ( AUG 2002 7:25 * xy FILE FILE MODE OPTION oe i 6356 MEMORY TX | ADDRESS GROUP G3 THELEN SF TTI KAZAN MCCLAIN ETAL RESULT PAGE OK11/11 11/11 ERROR REASON FOR OR LINE FAIL _ 3 NO ANSWER gy gg tttenccestee -2 NO FACSIMILE CONNECTION KAZAN MCCLAIN EDISES ABRAMS FERNANDEZ LYONS & FARRISE A Professional Law Corporation 171 Twelfth Street Third Floor Oakland California 94607 510 465-7728 - 510 893-7211 FAX 510 835-4913 mail postmaster@kazanlaw.com www.kazanlaw.com www.kazanlaw.com FACSIMILE COVER SHEET TO FROM RE August 23 2002 Ross M. Petty Esq THELEN REID & PRIEST LLP Fax No 415 371-1211 Terry N. Gross KAZAN McCLAIN EDISES ABRAMS FERNANDEZ LYONS & FARRISE John Jensen et al v ABB Lummus Global Inc. et al Alameda County Superior Court No. 2002-044879 Your Client Sequoia Ventures 1 A. Supply 2 B. Importing 3 C. Distribution 4 D. Marketing 5 E. Sale 6 F. Labeling 7 G. Manufacturing 8 H. Brokering 9 SUPPLEMENTAL RESPONSE TO INTERROGATORY NO 30 10 A.-H. Defendant used containing products in its activities in performing 11 | construction as a contractor on hundreds of projects Defendant's use of containing 12 || products on construction projects did not constitute supply distribution marketing sale 13 | or manufacturing For its projects which called for insulation materials the usual forms of ~- - 14 | insulation material for insulating piping equipment structural steel and the like contained 15 | asbestos during the period 1945 until about 1972 16 Defendant usually contracted with a specialty insulation subcontractor to install insulation 17 | materials when called for on its construction projects Occasionally Defendant used its own 18 | employees to install insulation materials on its construction projects The insulation materials 19 | applied by Defendant's employees were typically applied in the field at the construction site | 20 | Occasionally the pipe coating material was applied to large bore pipe at prefabrication facilities 21 | operated by Defendant and then transported to the construction site for installation of the 22 | prefabricated pipe and equipment One such facility for large bore pipe prefabrication operated in 23 | Watson California between April 1 1946 and September 27 1953 and was known as the 24 | Somastic Division Whenever insulation material that was installed on a construction project contained 25 26 | asbestos the asbestos containing product originated not from Defendant but from a company 27 THELEN REID & PRIEST 28 ATTORNEYS AT LAW DOCS_SF 367575 -9- DEFENDANT SEQUOIA VENTURES INC SUPPLEMENTAL RESPONSE TO PLAINTIFFS STANDARD INTERROGATORIES NOS 22 26 27 30 33 and 52 TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER 129 1 A. Industrial Indemnity Company B. 909-3216 2 C 2,000,000 D. 90-4 3 4 A. Industrial Indemnity Company . B. 902-5478 5 ` C. 2.000.000 6 D. 93-4 INTERROGATORY NO 27 7 00 State whether YOU have controlled purchased or in any way acquired any controlling 9 interest in any corporation or business entity which has mined manufactured produced 10 11 12 13 14 15 16 17 processed compounded sold supplied distributed and otherwise placed RAW ASBESTOS or CONTAINING PRODUCTS in the stream of commerce If so state - A. The name and address of said corporation or business entity B. The dates YOU controlled purchased or acquired any interest and C. The nature of the business as it pertains to asbestos SUPPLEMENTAL RESPONSE TO INTERROGATORY NO 27 Defendant did not control purchase or in any way acquire any controlling interest in any corporation or business entity which has mined manufactured produced processed compounded sold supplied distributed and otherwise placed RAW ASBESTOS or CONTAINING x PRODUCTS in the stream of commerce On April 1 1946 defendant acquired a business located in Watson California called Somastic Division This business engaged in the business of applying corrosion protection coatings on large bore pipe The coating material applied to the pipe may || 22 have at one time or another contained asbestos Defendant sold the business on September 27 1953 INTERROGATORY NO 30 Between 1930 and 1985 did YOU ever engage in any of the activities listed below with regard to CONTAINING PRODUCTS If 50. state the inclusive dates of such THELEN REID & PRIEST 28 ATTORNEY AT LAW activity DOCS_SF -8- DEFENDANT SEQUOIA VENTURES INC SUPPLEMENTAL RESPONSE TO PLAINTIFFS STANDARD INTERROGATORIES NOS 22 26 27 30 33 and 52 TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER 129