Document evOerkZq52bzR0kDRRjQnXwjm

FILE NAME: Kaiser Gypsum (KG) DATE: 1998 DOC#: KG 109 DOCUMENT DESCRIPTION: Legal - KG Co.'s Responses to Plaintiffs First Set of Interrogatories and Request for Production of Documents 1 2 3 4 5 6 7 IN THE SUPERIOR COURT OF WASHINGTON 8 FOR KING COUNTY r? 10 SYLVIN W . PICKNER and EVELYN I.) 11 PICKNER, a married couple, ) ) 12 Plaintiffs, ) ) 13. V. ) ) 14 OWENS CORNING, et al., ) ) 15 Defendant, ) No: 98-2-09390-1 SEA KAISER GYPSUM COMPANY, INC .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS 16 17 PROPOUNDING PARTY: SYLVIN W. PICKNER and EVELYN I. PICKNER 18 RESPONDING PARTY: KAISER GYPSUM COMPANY, INC. 19 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 o f individuals who might have 22 had personal knowledge of the matters addressed by these interrogatories are either deceased or no 13 longer employees o f Kaiser Gypsum. !4 :5 KAISER GYPSUM COMPANY, IN C .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 1 ORIGINA! W Eams, K stner & Gibbs PLLC Tw o Union Square, Suite 4100 Mail Address: P.O .B ox 21926 Sea tt le. W u s h in o in n QRl 1 1 1 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 not1 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. 6 Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject' 7 matter of these interrogatories and reserves its right to supplement these interrogatory responses as may 8 be necessary, if and when, such further information becomes available. c INTERROGATORY NO. 1: 10 State your full legal name, date of incorporation, principle place of business and whether you are a private or public corporation. j 11 RESPONSE: 12 Kaiser Gypsum Company, Inc. was incorporated on December 1, 1952 in the State of 13 Washington. Its principal place o f business is Pleasanton, California, and it is a privately held 14 corporation. 15 INTERROGATORY NO. 2 : 16 For each year between 1950 and 1978, identify your officers and directors. 17 RESPONSE: 18 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, burdensome, 19 ambiguous, and overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus 20 it is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said 21 objections, Kaiser Gypsum responds: see Exhibit A attached hereto. 22 INTERROGATORY NO. 3: 23 Please relate your corporate history from 1948 to the present, including, but not limited to, any 24 mergers, acquisitions, name changes or re-incorporations or secession of business operations. 25 RESPONSE: KAISER GYPSUM COMPANY, IN C .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2 Williams, Kstner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 9S111-3926 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, 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: Kaiser Gypsum was organized and incorporated in 1952. On June 19, 1952, Permanente Cement Company (later known as Kaiser Cement Corporation) formed a wholly owned subsidiary named Kaiser Gypsum Company. On December 1, 1952, Kaiser Gypsum Company was merged with Pacific Coast Cement Company, a Washington corporation and another subsidiary o f Permanente Cement Company. At the time of the merger, Pacific Coast Cemeni Company had no assets or operations. The name uf 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 o f a product which contained asbestos fibers? If so, please identify (a) the names of your entities selling each o f 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 o f asbestos contained in said product; (e) how each product was packaged; and (f) your gross sales o f 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, IN C .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 3 Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Addreaa: P .O .B o x 21926 Seattle, Washington 98111-3926 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 4 contained asbestos fibers for various periods o f 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 off-white powder was packaged and sold in sacks o f 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 off-white powder and packaged in sacks of 25 pounds. 11 3. One-Dav Joint Compound Powder 12 This product was manufactured at Seattle from 1970 to 1975 and contained ]% 13 chrysotile asbestos. It was a white to off-white powder and packaged in sacks o f 25 pounds. 14 4. Three Purpose Compound Powder 15 This product was manufactured at Seattle from 1969 to 1975 and contained 5% to 11% 16 chrysotile asbestos. This was a white to off-white powder and packaged in sacks o f 25 pounds. 17 5. Dual-Purpose Pre-Mix Compound 18 This product was manufactured at Seattle from 1969 to 1975 and contained 2.5% to 4% 19 chrysotile asbestos. This was a white to off-white or light buff colored paste and packaged in bucket: 20 or cartons o f 4 to 5 gallons. 21 6. Pre-Mix Topping Compound 22 This product was manufactured at Seattle-from 1971 to 1975 and contained 1% chrysotil 23 asbestos. This was a white to off-white colored paste, packaged and sold in buckets of 4 or 5 gallons 24 and cartons o f 4 gallons. 25 INTERROGATORY NO. 5: KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SFT OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 4 w niiam s, K astner &Gibbs rixc Two Union Square, Suite 41.00 M .iiA d d r * : P .O .B o x 21926 S c a le , Washington 98111-3926 '>0 /-V \ ? 1 Identify the date, if any, on which you ceased the sale o f asbestos-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-related harm including in your answer j 7 the text o f said warning and the date on which it commenced. ; 8 RESPONSE: ` 9 Beginning in 1972, Kaiser Gypsum affixed caution labels Lo die packages and containers of its 10 asbestos-containing products. The warning label, as prescribed by OSHA, read: 11 CAUTION: contains asbestos fibers; avoid creating dust; breathing asbestos dust may cause serious bodily harm. 12 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: j 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, j 20 overbroad, and assumes that any type o f asbestos, in any condition or in any amount, poses a hazard 2 1 to human health. ! 22 Without waiving said objections, Kaiser Gypsum responds that it became aware generally sometime in the 1970s that users o f some asbestos-containing building products could be at risk of 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 WnUams, K astaer & Gibbs PLLC - TwoUmonSqu*rc.su;u4ioo m.uA d d rc,,: p.o. box 21926 Seaale, Washington 98111-3926 Identify all measures you employed to protect the users o f your asbestos-containing products from any asbestos-related harm. RESPONSE: . Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, overbroad, and not sufficiently limited in time or scope. Without waiving said objections, Kaiser Gypsum responds that it placed warning labels on its asbestos-containing products upon learning that j such products posed potential health hazards to end users. INTERROGATORY NO. 9: I Identify all measures you employed to protect your employees from any asbestos-related harm; - RESPONSE: Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and overbroad. Further, Kaiser Gypsum is informed and believes that plaintiff was neither emplc^ J f by Kaiser Gypsum, nor present at any o f its plants at any time. Thus, events occurring at any Kaiser Gypsum plant have no relevance to the conditions allegedly experienced by plaintiff. Therefore, this j interrogatory is not reasonably calculated to lead to the discovery o f admissible evidence. INTERROGATORY NO. 10: 1 Identify all trade publications to which you subscribed between 1950 and 1978. RESPONSE: I Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, overbroad, and unintelligible as to the word "trade publications". Furthermore, this interrogatory : contemplates years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objections, Kaiser Gypsum responds that it is informed and believes it was a member o f the Gypsum Association from 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 wnHan*, Kastoer &cabs pllc T w o Union Square, Suite 4100 " mh AddreSi: p.o. Box 21926 scam*. w.*hingtonm 11-3926 1 Do you maintain a computerized listing o f the sales o f your asbestos-containing products? If so, describe the information stored on said computer including whether said sales are broken down by 2 geographic area, the type of computer program and the manner in which specific sales information can be retrieved. 3 RESPONSE: 4 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 to invade the purview of the attorney-client privilege and doctrine o f attorney-work product. 7 INTERROGATORY NO. 12: 8 For each asbestos product identified in response to Interrogatory 4, state the gross sales 9 o f said product in the State o f Oregon between 1965 and 1980. 10 RESPONSE: 11 Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome, 12 harassing, vague, ambiguous, overbroad and unintelligible as written. Additionally, this interrogatory 13 seeks information regarding time periods when Kaiser Gypsum was either not in business, was not 14 selling to the State o f Oregon, and/or was not manufacturing asbestos-containing products. Thus, this 15 interrogatory is not reasonably calculated to lead to the discovery o f admissible evidence. Further, 16 Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years. 17 INTERROGATORY NO. 13: 18 For each asbestos product identified in response to Interrogatory No. 4, identify the entity from whom you purchased the asbestos for use in said product. 19 RESPONSE: 20 Kaiser Gypsum is informed and believes that the following at one time or another were its 21 suppliers o f chrysotile asbestos: 22 1. John K. Bice 23 2. Harrison & Crosfield 24 3. Carmonia Chemical Company 25 KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 7 wniiams, Kastoer & Gibbs fllc Two UnionSquare, Suiic 4i00 M aUA dd*: P .O .B o x 21926 sMtu=, waihmgwn98n 1-3926 1 4. Philip Carey Corporation (Carey Canadian Asbestos) 2 5. Western Chemical Company 1 3 6. Johns-Manville 4 7. Union Carbide 5 8. E.S. Browning 6 9. Loomis Chemical Company 7 10. Benson Chemical 8 11. Paul W. Wood (Johns-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 o f responding defendant's knowledge. Without waiving said objections, and 17 as Kaiser Gypsum understands this question, Kaiser Gypsum responds, it was a wholly-owned 18 subsidiary o f Kaiser Cement Corporation. 19 20 21 INTERROGATORY NO. 15: 22 For each year between 1955 and 1975, identify the plant manager o f your Seattle plant and 23 his/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 w niiam s, K astner &Gibbs f l l c Two U nion Square, Suite 410Q Mail A ddTM *: P .O .B o x 21926 Seattle, Washington 98l l l-3926 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, anc 2 overbroad. Without waiving said objections, Kaiser Gypsum responds that, as o f November 1, 1970 3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich. At this juncture, Kaiser Gypsum i: 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: 8 For each year between 1955 and 1975, identify the plant manager o f each o f your Oregon plant: and his/her four primary subordinates 9 RESPONSE: 10 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous 11 overbroad as to time, place and scope. Further, this interrogatory is not reasonably calculated to lea; 12 to the discovery o f admissible evidence, as Kaiser Gypsum's Oregon plant never made the types o 13 asbestos-containing products at issue in this case. Without waiving said objections, Kaiser Gypsun 14 responds that as o f November 1, 1970, the manager o f Kaiser Gypsum Oregon plant was J. Cassidy 15 At this juncture, Kaiser Gypsum is unable to discern who the plant manager's "four principe 16 subordinates" would have been. Thus, discovery is ongoing into this matter and Kaiser Gypsun 17 reserves its right to supplement this response, should further information be discovered. 18 INTERROGATORY NO. 17: 19 Identify all contracts and/or re-branding agreements between you and Owens-Coming Fibergla 20 including in your answer the date said contract was entered into, the terms of said contract and the date that said contract was in effect. 21 RESPONSE: 22 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous 23 and overbroad as to time, place and scope. Without waiving said objections, Kaiser Gypsum respond 24 25 KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 9 waimnj, K astner &Gibbs p l l c Two Union Square, Suite 4.100 Man Add-, p .o . box21926 Seattle, W ashington 98111-3926 1 that, it never had a "contract and/or rebranding" agreement with Owens-Coming Fiberglas as to the 2 types o f products at issue in this litigation. 3 INTERROGATORY NO. 18: 4 For each o f 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 L. Beck 9 L.M . Bryan J.W. Blewett 10 C. E. Caprye R.C. Crowle 11 G J . Chavalas D . R. Canham 12 J.D. Cassidy J.D. Chambers 13. P .D . Crelman H.C . Dupuis 14 G.C. David N .D . Dicks 15 L.R. Flicker P.J. Franklin 16 P.T. Framlom J.W. Glweitt 17 R.W . Grigg C. R. Grimme 18 J.M. Garoutte D . H. Homan 19 J.P. Hughes P .A . Hawkins 20 W .D . Hopper R.J. Hoffman 21 R.L. Jones G. James J. B. Kirk R.L. Murh J.F. Modaff Richard Madden William McKinnon B.J. Murphy P.D . Orleman KAISER GYPSUM COMPANY, IN C .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 10 wniiams, Kastner & Gibbs fllc Two Union Square, Suits 4100 m.uAddress: p.o. box21926 sesoie. w u h in p o n s s i 11-3926 1 J.W. Post G. M. Perry 2 J.K. Parker J.C. Reilly 3 C.F. Radier E . N. Reddick 4 J.P. Rohrer A1 Raffaelli 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 10 S.R. Witt R J. Wibom 11 H . L. Weightman LI. Walker 12 J.H. Walton V. Whitecage 13 RESPONSE: 14 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 15 overbroad, burdensome, oppressive, and violative of said employees' rights to privacy. Given the tact 16 that Kaiser Gypsum has not manufactured a product since 1978, there is no one currently employed who 17 is able to identify the full names of said individuals, their names and addresses, any positions which 18 they may have held or whether they are living or dead. Additionally, Kaiser Gypsum objects to this 19 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 22 INTERROGATORY NO. 19: 23 For each individual identified in Interrogatory 18, state whether that person has ever been 24 deposed in asbestos-related litigation and identify the case, jurisdiction, cause number and the attorneys who represented the defendant and plaintiff at said deposition. 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 11 Williams, K astner & Gibbs PLLC T w o Union S q u irt, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 1 RESPONSE: 2 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 5 Company, Inc., et al., Contra Costa Superior Court No. 251401; Harlan C. Dupuis, former manager j 6 of research and development, was deposed on April 16, 1985 in the following case: Kathryn Maksim | 7 v. USG, et al., San Francisco County Superior Court Case No. 768674; Thomas V. Smith, former 8 technical advisor for accessory products was deposed on March 11, 1992 in the following case: 9 Michael Richie, et al. v. Raybestos Manhattan, et al., 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, j 12 Charleston Division, Civil Action No. 2:87-1860-8. The attorneys who represented the various pa i ; 13 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 I 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 o f 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! 25 Company or Kaiser Cement Corporation. KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 12 f c , K asm er & gim* p l i c Two Union Square, Suite 4100- mi Address: p.o. Box21926 Seattle, Washington 9S111-3926 INTERROGATORY NO. 21: Identify every person who supplied information to answer these Interrogatories including in your answer the specific interrogatory for which each person supplied information. RESPONSE: As previous'-' stated above, Kaiser Gypsum ceased all marketing activities in 1978, thus no one person associated with Kaiser Gypsum provided information for a specific interrogatory herein. The information provided in response to the interrogatories comes from a collection o f information gathered throughout the years from various different sources. REQUEST FOR PRODUCTION 1. 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. RESPONSE: Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and not limited in time, scope, or location. Furthermore, this request is burdensome and oppressive and 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 counsel in the Winter o f 1998. 2. Produce minutes o f all meetings o f your Board of Directors held between 1950 and 1980 that refer or relate to your asbestos-containing products. RESPONSE: KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PPODTTCTION OF DOCUMENTS - 13 Williams, K astner & Gibbs,PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 W u t K l n w r t n QR1 1 J.GQ7A 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 o f 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 o f the minutes 6 o f its Board o f Directors' meetings "refer or relate to" its asbestos-containing products. 7 8 3. 9 Produce, for inspection and copying, original copies o f all documents used to promote the sale o f 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, overhr'd, 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 tc lead to the discovery o f admissible evidence. 14 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, 15 which were -erved upon responding defendant's counsel in the Winter o f 1998. 16' 17 4. 18 Produce all manuals, specifications and instructions that you provided to the customers of any asbestos-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. 23 Moreover, plaintiff has testified that he did not pay attention to or read any literature regarding anj 24 products used by other trades. Thus, this interrogatory is not reasonably calculated to lead ; ae 25 KAISER GYPSUM COMPANY, INC. 'S RESPONSES' TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR ppnnncTT O N OF DOCUMENTS - 1 4 v m * m s , Kasper & c m * pllc Two Union Square, Suite 4100 m u Add rcss: P.O .Box 21926 s o m e , w sah ;ngton s s n 1-3926 discovery of admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the Winter of 1998. 5. Produce all documents that refer or relate to your decision to stop manufacturing asbestos- containing products including, but not limited to, board minutes, technical and safety advisories and unprivileged legal opinions. RESPONSE: Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the Winter of 1998. 6. Produce for inspection and copying, original photographs o f all products identified in response to Interrogatory 4 in their packaged form. RESPONSE: Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus seeks information which is not reasonably calculated to lead to the discovery o f admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the Winter of 1998 KAISER GYPSUM COMPANY, INC .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 15 wniiams, K astner &cat* p l l c Two Union Square, Suite 4100 mi Add-, p.o. Box21926 Seattle, W ashington 98111-3926 1 7. 2 Produce deposition or trial transcripts of any individual identified in Interrog .tory 18 in any asbestos-related litigation. 3 RESPONSE: 4 Kaiser Gypsum would be willing to produce any deposition or trial transcripts o f 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 1 10 WEINSTEIN & BERGMAN 11 12 Matthew P. Bergman, WSBA #20894 13 14 15 16 17 18 19 20 21 22 23 24 25 KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 16 w rn k m s , K a ^ e r &cabs p l l c T w o Union Square, Suite 4100 m *u Address: P .O .B o x 21926 Seattle, W ashington 9 8 l l 1-3926 1 KAISER GYPSUM COMPANY, INC .'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO 2 DEFENDANT KAISER GYPSUM COMPANY, INC. 3 VERIFICATION 4 5 I am an authorized representative o f Kaiser Gypsum Company, Inc. and am authorized to make 6 this affidavit on its behalf. I have read the foregoing responses to interrogatories and requests for 7 production and believe the responses to be correct. 8 9 By: 10 11 SUBSCRIBED AND SWORN TO before me on 12 Stiamo 13 14 Notary Public in and for th< cO tU jJ residing at (V A tD d O & 15 My commission expires 16 r DIANE MARIE HAYES-*i D ,**; 5 2 COMM. # 1185147 17 0 0 w y ^ j q N07ARY PU2-C-CAUF0RNIA J0, 18 CCO0MNMT R. EAXCP~. M' tAaYC2O9U, 2N0TQY2 u 19 20 21 22 23 -- T 25 26 Sylvin W. Pickner and Evelyn I. Pickner v. Owens Corning, et al. 27 King County, Washington Case No. 98-2-09390-1 SEA 2 S 15. EXHIBIT A As of October 1953, the following were officers/directors o f Kaiser Gypsum Company, Inc.: Henry J. Kaiser L. S. Corey E. H. Heller D. V. McEachem E. E. Trefethen, Jr. G. J. Shea H. W . Morrison W. Marks W. A. Marsh C. R. Olsen Paul S. Marrin C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun As of September 1954, the following were officers/directors o f Kaiser Gypsum Company, Inc.: Henry J. Kaiser E. E. Trefethen, Jr. H. W. Morrison G. J. Shea D. V. McEachem 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 -1S2-585585.1 As o f October 1955, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen G. J. Shea E. H. Heller D. V. McEachem E. E. Trefethen, Jr. Henry 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 officers/directors of Kaiser Gypsum Company, Inc.: E. H. Heller Edgar F . Kaiser Henry J. Kaiser W. A. Marsh D. V. McEachem 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 -2- S2-585585.1 As o f October 1957, the following were officers/directors o f Kaiser Gypsum Company, Inc.: E. H. Heller Henry J. Kaiser Edgar F. Kaiser W. A. Marsh D. V. McEachem 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. Martin Chad F. Calhoun Bryce Simpson As o f August 1958, the following were officers/directors o f Kaiser Gypsum Company, Inc.: E. H. Heller W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea 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. Martin Chad F . Calhoun Claude E. Harper -3- S2-585585.1 Bryce Simpson R. A. Costa As of December 1959, the following were officers/directors o f Kaiser Gypsum Company, Inc.: A . Christensen E. H. Heller W. A. Marsh H. W. Morrison G. I. Shea E. E. Trefethen, Jr. Henry J. Kaiser Edgar F. Kaiser D. V. McEachem 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 o f December 1960, the following were officers/directors o f 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 -4- SZ-585585.1 Paul Rogers Bryce Simpson As o f November 1961, the following were officers/directors o f 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. Maxrin Carl Olsen E. F. Schaper Bryce Simpson As o f December 1962 the following were officers/directors o f 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 -5- S2-585585.1 J. J. Hague Claude E. Harper Carl Olsen E. H . Schaper Bryce Simpson As of December 1963, the following were officers/directors o f 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 officers/directors o f 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 -6- S2-585585.1 D. A. Rhoades J. A. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As o f December 1965, the following were officers/directors o f 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 o f December 1966, the following were officers/directors o f Kaiser Gypsum Company, Inc.: J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass Edgar F . Kaiser Henry J. Kaiser -7- S2-585585.1 William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen, Jr. William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As o f December 1967, the following were officers/directors o f 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. Edgar F. Kaiser William Marks John H. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As o f December 1968, the following were officers/directors o f Kaiser Gypsum Company, Inc.: A. D. Christensen Claude Harper -8- S2-585585.1 Peter Hass Lloyd Mazzera D. A. Rhoades J. B. Bonny G. J. Shea John F. Shea E. E. Trefethen, Jr. John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson As o f December 1969, the following were officers/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 o f December 1970, the following were officers/directors o f Kaiser Gypsum Company, Inc.: Edgar F. Kaiser E. E. Trefethen, Jr. -9- S2-585585.1 Peter Hass John Bsche 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 o f December 1971, the following were officers/directors o f Kaiser Gypsum Company, Inc.: J. 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 ^2-585585.1 -10- James C. Reilly E. H. Schaper Bryce Simpson As o f 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 o f December 1973, the following were officers/directors of Kaiser Gypsum Company, Inc.: Garfield Anderson Alan Christensen Claude Harper Peter Hass Edgar Kaiser Walter Ousterman James Reilly John Shea S2-585.585.1 -11- E. E. Trefethen, Jr. William M. Witter Alfred A. Yee John Bosche A . B. Brown, Jr. K. A . Conningham Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H . Schaper As o f December 1974, the following were officers/directors o f Kaiser Gypsum Company, Inc.: Garfield Anderson G. J. Chavalas Alan Christensen Robert Costa Peter Hass Walter Ousterman James Reilly William R. Roesch John Shea E. E. Trefethen, Jr. William Witter Edgar Kaiser Alfred Yee John Bosche A. B. Brown D . R. Canham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker E. H. Schaper S2-585585.1 - 12- As of December 1975, the following were officers/directors o f 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 Genevive Robbins P. T. Smith J. I. Walker As of December 1976, the following were officers/directors o f Kaiser Gypsum Company, Inc.: Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William Roche John Shea E. E. Trefethen, Jr. William Witter Alfred Yee Edgar Kaiser S2-585585.1 -13-