Document g4wqz59okEYxG6MLQb0Qr8K3
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1 JOHN P. VAN DE POEL EDWARD H. PRICE
2 VAN DE POEL, STRICKLAND & HAAPALA 1999 Harrison Street, Suite 1100
3 Oakland, California 94612
4 Telephone: 4l5/763"2324
5 Attorneys for Defendant, ACandS, Inc
I PLAINTIFF'S EXHIBIT ACS-338
'536
6
7 8 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO
9
10 In Re: COMPLEX ASBESTOS LITIGATION
11 /
12
NO- 828684
.ANSWERS OF DEFENDANT ACandS, INC. TO PLAINTIFFS' STANDARD INTERROGATORIES
13 PROPOUNDING PARTY:
Plaintiffs
14 RESPONDING PARTY:
Defendant, ACandS, INC.
15 SET NUMBER:
ONE (Served pursuant to General Order No. 29-)
16 "INTRODUCTORY STATEMENT
17 Defendant ACandS, Inc. ("ACandS") submits these
18 responses to plaintiffs' standard interrogatories in accordance
19 with the provisions of General Order No. 29 of the California
20 Superior Court, City and County of San Francisco. However,
21 it continues to be ACandS' position that various interrogatories
22 are in fact overbroad, vague,, ambiguous and/or unduly burdensome
23 and ACandS reserves its right to assert any and all such
24 objections at a later stage of these or future proceedings
25 as well as all objections pertaining to the admissibility
26 of the responses at trial. ACandS.further states that
27 It is and was a contracting company primarily engaged.in
28 the installation of thermal insulation materials and, as
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1 such, the nature of Its records and involvement with asbestos2 containing products differ significantly from the majority 3 of the defendants in these actions who are or were engaged 4 in the manufacture and/or distribution of such products. 5 Therefore, ACandS*'ability to respond to these interrogatories 6 as drafted is limited by the fact that they are form interrogator 7 primarily directed to questions and issues pertaining to 8 the business of manufacturing and distributing asbestos-contalninf 9 products. 10 The information used in answering these interrogatories 11 was derived primarily from an ongoing review of the Company's 12 existing business records and information compiled from13 past and ongoing discussions with past and present employees, 14 no one of which was primarily responsible for the information 15 used In answering these interrogatories. The information 16 used in answering .these Interrogatories has been assembled 17 by authorized employees and counsel for the Company. It 18 is not possible to identify by name each person who could 19 be said to have participated in the preparation of the 20 answers or to Identify all documents that may have provided 21 Information. Since much of the information sought in these 22 interrogatories .deals with facts and events which occurred 23 many years ago and which is therefore difficult or impossible 24 to reconstruct or retrieve, ACandS reserves the right to 25 amend these responses as appropriate if new or better information 2S he comes available to it. or if errors are discovered- IThese 27 responses- are given without prejudice to relying at trial 28 on subsequently discovered information or information inadvertent:
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1 omitted from these answers as a result of a mistake, error
2 or oversight.
3 ACandS' introductory statement shall be considered
4 to be incorporated'in each of the Company's answers to
5 these interrogatories as if set forth in full.
6 ANSWERS TO. INTERROGATORIES
7 1. (a) R.E. Fink.
8 .(b) 120 North Lime Street, Lancaster, PA 17603.
9 (c) Secretary-Treasurer, ACandS, Inc.
10
(d) 6/1/72 - 2/25/75
Assistant Secretary
11 2/25/75 - 4/29/82 Secretary
12 4/29/82 - Present Secretary-Treasurer 13 2. Yes.
14 (a) ACandS, Inc.
15 (b) Delaware. 16 (c) November 26, 1957-
17 (d) 120 North Lime Street, Lancaster, PA 17603. 18 (e) ACandS has held a certificate of authority 19 to do business in the State of California from 12/16/57 20 to the present.
21 (f) Yes: J.R. McCarville in c/o ACandS, Inc., 22 304 Shaw Road, South San Francisco, 94080.'
23 (g) Irex Corporation, 120 North Lime Street,
24 Lancaster, PA 17603-
25 "3. Yes: From November 26, 1957 to June 18, 1969
26 the Company was known jas Armstrong Contracting and .Supply"
27 Corporation.
28 4. None. relevant .to this litigation.
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1 5 - No. 2 6. (a) 120 North Lime Street, Lancaster, PA 17603.
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3 (b) R.E. Pink, Secretary-Treasurer, ACandS, 4 Inc., 120 North Lime Street, Lancaster, PA 176035 7- (a)-(h) ' No. 6 8* (a)-(g) Since it began operations in January, 7 1958, ACandS has been a contracting company primarily engaged 8 in the installation of thermal insulation materials. As 9 a contracting company, ACandS' association with asbestos-contain 10 products cannot be fairly or accurately described or categorized 11 in the manner in which this interrogatory seeks to define 12 defendants' activities. ACandS did not manufacture any 13 asbestos-containing products. The Company did not label 14 any asbestos-containing products for others, however, some 15 manufacturers relabeled products for ACandS. During the 16 period from January 1, 1958, when the Company began operation, 17 until approximately 1973, the Company utilized and provided 18 various thermal insulation materials containing asbestos 19 when called for by contract requirements/specifications. 20 Those materials were manufactured by others. In connection 21 with its contracting business, ACandS sold some of those, 22 products to other entities, but the sales were minor and 23 were not .a primary business activity of the Company. Some 24 of the asbestos-containing products purchased by ACandS 25 were * purchased from companies outside the U.S. J25 9. Not applicable. 27 10. (a) ACandS incorporates herein its response 28 to Interrogatory No. 8.. As a contracting company primarily
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1 engaged In the installation of thermal insulation materials, 2 ACandS used a wide variety of asbestos-containing products, 3 including products from virtually every major manufacturer 4 of asbestos-containing thermal insulation products. The 5 particular product used on a given Job would vary according 6 to the specific requirements and specifications of 'that 7 contract. Due to its record retention program and the 8 fact that ACandS has operated branches throughout the country 9 since it began operations in 1958, ACandS is not able to 10 identify every asbestos-containing product ever used by 11 it in the course of its contracting operations throughout 12 the United States and it is impossible for ACandS to respond 13 to this interrogatory and its various subparts with the 14 specificity requested. However, ACandS states that as 15 a contracting company primarily engaged in the installation 16 of thermal insulation materials, it used a variety of insulation 17 materials and products including such general types of 18 asbestos-containing materials as: 85* magnesia pipe covering 19 and block insulation; calcium silicate pipe covering and 20 block insulation; asbestos insulating and finishing cement; 21 asbestos-containing spray-applied insulation products; 22 and a variety of other materials which contained asbestos, 23 including mastics, cloth and fire resistant jackets. In 24 the course of its operations throughout the United States, 25 ACandS obtained such materials from virtually every major .26 manufacturer of ashestos-containing .insulation products . 27 as well as from other companies. 28 (b)-(h) Insofar as ACandS did not manufac'ture
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1 the asbestos-containing products which it used, it does 2 not possess sufficient information to respond to these 3 subparts with the specificity requested. Information such 4 as the dates on which a given product was first placed 5 on or withdrawn from the market, the composition of the 6 product, etc. is information which would be known to and 7 obtainable from the manufacturer. Some of the information 8 which is requested in these subparts may be contained in 9 descriptive pamphlets or brochures provided to ACandS by 10 various manufacturers or distributors of thermal insulation 11 products. To the extent such documents have been retained 12 by ACandS, they are available at ACandS' headquarters in. 13 Pennsylvania for inspection by the plaintiff at plaintiff's 14 expense at a mutually-agreeable time. In-so responding, 15 ACandS does not Represent that it used each of the products 16 which may be identified in those materials. 17 (i) Not applicable. ACandS did not manufacture 18 any asbestos-containing products. ( 19 (J) ACandS incorporates herein its response 20 to subparts (a)-(i) above. In light oTT the extremely broad 21 and general nature of this request and the fact that this 22 interrogatory is.apparently designed for application to 23 manufacturers of asbestos-containing products, it is impossible 24 for ACandS to identify each and every type of record which 25 might- include some of the information requested by this 26 interrogatory. However, see ACandS* response to subparts' 27 (b)-(h) relating to the manufacturers' product brochures 28 and descriptive materials.
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1 11. Not applicable.
2 12. Not applicable.
3 13* As a result of ACandS' document retention program,
4 the Company does hot have available complete documentation 5 concerning relabeled products. However, based upon the
6 recollection of current management and information provided
7 to ACandS by other companies, ACandS states that during
8 the period 1/1/58 until 8/I/69, the Company dealt with
9 products which were relabeled for it under tradenames owned
10 by Armstrong Cork- Company and utilized by Armstrong Contracting
11 and Supply Corporation. Effective August 1, 1969, Armstrong
12 Cork Company transferred the tradenames associated with . 13 products'then being relabeled to ACandS. ACandS is currently
14 preparing a list of relabeled products which contained
15 asbestos, the type of product involved, the manufacturer
16 and the approximate years or periods of time during which
17 the products contained asbestos based upon its current
18 information and will supplement this response.
19 14. Not applicable. See ACandS' response to Interrogatory*
20 No. 7.
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21 15- ACandS Incorporates herein its response to Interrogatory 22 No. 8. To the extent the manufacturers or distributors
23 of the products utilized by ACandS affixed warnings or
24 cautionary labels to their products, such labels would
25 have accompanied the product or product packaging in question
26 at the time of Its delivery at the jobsite or to ACandS. '
27 Further, in compliance with OSHA requirements, ACandS provided
28 warning labels for use on asbestos-containing products
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1 and asbestos waste materials. The OSHA required warning
2 read:
3 CAUTION: CONTAINS ASBESTOS FIBERS s AVOID BREATHING DUST
4 \ BREATHING ASBESTOS MAY 'CAUSE SERIOUS BODILY HARM
5 The warning labels used by ACandS were worded in accordance
6 with the applicable OSHA regulations and were first made
.7 available within the Company in 1972.
8 16. Not applicable.
9 17- Not applicable. ACandS did not manufacture any
10 asbestosrcontalning products nor did the Company's "name,
11 a trademark, logos, color coding, or other identifying
12 marking" appear on an "actual product Itself".
13 18 . Not applicable. ACandS did not.manufacture any
14 asbestos-containing products and/or raw asbestos fibers.
15 Furthermore, ACandS Is without knowledge as-to how plaintiffs
16 define the term "supervisory officials". However, see
17 the list attached to these responses. In so responding
18 ( ACandS does not represent that each of the individuals
19 named therein is authorzed to speak on-behalf, of the company.
20 Furthermore, ACandS reserves Its right to object to the
21 admissibility or use of any of the listed depositions in
22 these actions.
23 19- No.
24 20. To the extent ACandS has maintained such materials
25 they are available for Inspection in Pennsylvania at plaintiffs'
26 expense at a mutually-convenient time. See ACandS' response
27 to Interrogatory No. 10 (b)-(h).
28 21. Not applicable.
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1 22. Asstuning that this interrogatory relates to the 2 defined geographic area, see ACandS' response to Interrogatory 3 No. 24. 4 23- ACandS has not formed within its coporate structure
> 5 an entity known as a "contract unit" as that term has been 6 defined in these interrogatories. ACandS is itself a contracting 7 company. 8 24. Not applicable. See ACandS' response to Interrogatory 9 No. 23* However, ACandS' information concerning contracts 10 performed by ACandS in the defined geographic area would 11 be contained in ACandS' contract files which are maintained 12 at the Company's headquarters in Lancaster, Pennsylvania13 and are available for inspection by the plaintiffs at plaintiffs' 1.4 expense at a mutually convenient time. 15 25- Not as such. However, since its formation, ACandS 16 has purchased and maintained primary and excess insurance 17 covering claims arising out of the operation of its business. 18 The Company's primary general liability carriers are: 19 (1) Travelers - January 1, 1958 to January 1, 1963; (2) 20 Aetna Casualty and Surety Company - January 1, 1963 to 21 December 31, 1980; (3) American Home Assurance Co. - January 1, 22 1981 to January 1, 1982.- The amount of coverage varied 23 from year to year. Policies are available for inspection 24 by plaintiffs In Pennsylvania at plaintiffs' expense at 25 a mutually convenient time. 26 /// 27 /// 28 ///
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1 26. See ACandS' response to Interrogatory No. 25. 2
3 DATED: November , 1985
VAN DE POEL, STRICKLAND & HAAPALA
4
5 BY: EDWARD M. PRICE.
6 Attorneys for Defendant ACandS, INC.
7
8
9 10 11
12 13 14
15 16 17
18 19 20
21 22
23 24
25
26
27
28
10
c cDEPOSITION LIST
ACandS, INC.
F. L. Gardner J. W. Liddell
C. Q. Livingston Robert Mitchell Andrew C. Richardson
5/2/77
2/24/78
2/20/81 *
6/16/76
3/20/78
1/13/81 * 2/18/81 * 4/29/85 6/11/75
3/20/78
1/13/81 * 2/18/81 * 4/30/79
10/23/78
7/6/79 6/10/82
State of New York, Supreme Court, Erie Co., McKee v. Johns-Manvilie Corp. et ad.
State of South Carolina,:Greenville Co., Court of Cctunon Pleas - In Re Asbestosis Cases
U.S.D.C., E.D. Missouri, Eastern Div., Dana Bond, et al. v. Atlas Asbestos, et al., CA 78-1345C(B)
Superior Court, State of Delaware, Newcastle County, Farrall v. Keene, Corp., et al., CA' #77-1973
State of South Carolina, Greenville Co., Court of Ccmmon Pleas - In Re Asbestosis Cases
U.S.D.C., E.D. Missouri, Eastern Div., Dana Bond, et al. v. Atlas Asbestos, et al., CA 78-1345C(B)
U.S.D.C., ED. PA, Hearon, et al. No. 83-3414
Superior Court, State of Delaware, Newcastle County, Farrall v. Keene, Corp. et al. CA#77-1973
State of South Carolina, Greenville Co., Court of Ccmmon Pleas - In Re Asbestosis Cases
U.S.D.C., E.D. Missouri, Eastern Div., Dana Bond, et al. v. Atlas Asbestos, et al., CA 78-1345C(B)
U.S.D.C., E.D., Pennsylvania Krebs v. Johns-Manvilie, et al., CA #78-2299
Superior Court, State of Delaware, Newcastle County, Farrall v. Keene, Corp., et al., CA #77-1973
Superior Court, State of Delaware, Newcastle County, Shewsbrooks, et al.. v. ACandS, Inc., et al., CA I82C-AP-98
^Subject to a Protective Order; not to be used in any other litigation.
cc
John Zeller C. J. Snader, Jr. Nelson L. White John S. Taylor Hugh C. Holdt Edward F. Keane
Lex Svabs James Ockerman
Donald Thompson Sheldon Dingley
1/14/81 * 2/17/81 * 6/18/80
6/16/76 5/11/81 * 5/17/82 12/22/77 6/25/80 5/5/82 1/18/83
U.S.D.C., E.D. Missouri, Eastern Div., Dana Bond, et al. v. Atlas Asbestos, et al., CA 78-1345C(B)
Superior Court of New Jersey, Canden County, Greenday v. Armstrong Cork, et al., No. 1-L2548-76 '
Superior Court, State of Delaware, Newcastle County, Farrall v. Keene Corp., et al., CAI77-1973
U.S.D.C., E.D. Missouri, Eastern Div., Dana Bond, et al., v. Atlas Asbestos, et al., CA 78-1345C(B)
U.S.D.C., W.D., Washington at Tacoma Myhran v. Johns-Manvilie Corp., et al., No. C81-626T
U.S.D.C., E.D., Wisconsin Presechnik v. (X/ens Coming Fiberglas, et al., CA No. 77-C-491
U.S.D.C., E.D., Wisconsin Neubauer, et al. v. Cwens Coming Fiberglas, et al., CA No, 77-C-52
Superior Court, State of Delaware, . Newcastle County, Nutt; et al. v_ ACandS, Inc., et al., CA No. 80-C-FE8
Court of Ccrmon Pleas of Allegheny... County, Pennsylvania, Birx and Kurchina v. Johns-Marrville Corp., et al. GD 81-27648 and 81-24095
6/23/83 1/11/82
Superior Court, State of Washington Kim County, Bartholcmy v. JohnsManville Corp., et al., Nos. 80-2-09710-5 and 80-2-14801-0
Bruce DeCosse, et al. v. Armstrong Cork Co., et al., District Court, pnrrth -7d-ir"i*l fYi rt~H rt of Ml nn^SOta, City of Hennepin
^Subject to, a Protective Order; not to be used in any otter litigation -2-
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K Glenn E. Tomlinson
2/2/84
In the Circuit Court of Jackson County, M Boyle v. Celotex, Inc., and Gilmore v. Armstrong World Industries^ Nos. CV82-06165 and CV83-21240
George C. FoHirer
1/24/84
In the Circuit Court of Jackson County, M: Boyle v. Owens-Corning, -CA CV82-06165, Wblkey v. Eagle-Picher, CA CV81-05333, Janesko v. GAF, CA CV83--7841, Lorance v. United States Gypsun, CA CV83-: Gilmore v7 Armstrong World Ind., CA CV83-I .williams v/ Fibreboard, CA CV83-13186
Francis D. Rupprecht
6/8/84 10/29/85 1/17/84
U.S.D.C., S-D., Ohio, Eastern Division, Dotson v. Standard Asbestos Manufacturing CA No. C-2-83-1940
Superior Court, State of Delaware,
New Castle County, Earl R. Nutt, et al.
CA 81C-JA-79
!
U.S.D.C., for the District of MD, Key'
Highway, Fairfiels & Sparrows Point
Shipyards Asbestos Cases, B.M.L. No. 1
All Cases
7
Kirk Liddell
6/84
U.S.D.C., D. MD - B.M.L.
William E. Picard
3/28/84
Fallon^ Bonestee 1, Farrell and Eworonsky v. Pittsburgh Coming Coro. - U.S.D.C. Norther District of NY
Peter Thompson Clarence A. Pate Tarry McGrellis A. L. Stokley .
8/7/84
12/20/84
5/9/85
12/17,22/83 1/30/84
Vincent L. Meyer, U.S.D.C., W.D. WA, at The No. C81-684R (T)
' Donald J.~Ubrey, U.S.D.C., N.D. WV, at Whee CA No. 83-0018 CW)
Superior Court State of DE, New Castle Qoun In Re: Asbestos Litigation
U.S.D.C., D. MD -- In Re; '- Key Highway, Fairfield and Sparrows Point Shipyards Asbestos Cases, BML No. 1
1J
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Francis D. Rnpprecht
6/17/85
James N. Poche, Jr.
1,2/12/83 12/15/83
7/26/84
U.S.D.C., E.D. PA John T. Flood, CA No. 84-1860 John T. Hannon, et al., U.S.D.C., LA. Case No. 80-1175
U.S.D.C., E.D. IA - In Re: Ralph C. Manquno CA No. 82-1570, et al.
U.S.D.C., E.D. IA John A. Schneider, CA # 83-787, et al.
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1 HASSARD, BONNINGTON, ROGERS & HUBER JAMES N. PENROD, ESQ.
2 N. KATHLEEN STRICKLAND, ESQ. Five Fremont Center
3 50 Fremont Street, Suite 3400 San Francisco, California 94105
4 Telephone: (415) 543-6444
PDM [jj^A
5 Attorneys for Defendant, ACandS, Inc. With Additional
6 Counsel Listed on Signature Page
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8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
10
IN RE:COMPLEX ASBESTOS
) No. 828684
11 LITIGATION,
)
) SUPPLEMENTALRESPONSE OF
12 ________________________________ ) DEFENDANT ACandS, INC., TO
PLAINTIFFS' STANDARD'
13 -INTERROGATORIES
14 PROPOUNDING PARTY:
Plaintiffs.
15 RESPONDING PARTY:
Defendant ACandS, Inc.
16 SET NO.:
ONE (Served pursuant to General Order 29)
17 COMES NOW DEFENDANT ACandS, Inc. (hereinafter
18 "ACandS"), and further responds to plaintiffs' standard
19 interrogatories propounded herein as follows:
20
21 INTRODUCTORY STATEMENT
22 Defendant ACandS, Inc. ("ACandS") incorporates herein
23 the Introductory Statement and responses set forth in its
24 original response to plaintiffs' standard interrogatories. By
25 way of further response, ACandS hereby supplements its original
26 response as follows:
27 Preliminary Statement: Plaintiffs contend that ACandS'
28 statement tf.at "(tjhese answars are given without prejudice to
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1 relying at trial on subsequently discovered information or 2 information inadvertently omitted from these Answers as a result 3 of mistake, error.or oversight", set forth on page 2, line 26, of 4 its preliminary statement, is unacceptable. Whether ACandS may 5 be permitted to rely at trial on subsequently discovered 6 information inadvertently omitted from answers as a result of '7 mistake, error or oversight is a question to be determined by the. 8 Court. ACandS has in the past and continues to comply with its .9 obligations under the applicable rules of the California Code of 10 Civil Procedure. 11 Interrogatory No. 1: A signed verification was 12 inadvertently omitted from the original response forwarded to 13 plaintiffs. ACandS encloses herewith a signed verification for 14 its original response together with a signed verification for its 15 supplemental response. 16 Interrogatory No. 4; Plaintiffs have asked ACandS to 17 respond yes or no "as to both ACandS and Armstrong Contracting' 18 and Supply Corporation.This statement evidences a basic 19 misunderstanding. All answers which were submitted by ACandS 20 were, made on behalf of ACandS and Armstrong Contracting and 21 Supply Corporation which are one and the same entity. The 22 Company was incorporated in November 1957 under the name 23 Armstrong Contracting and Supply Corporation; the Company's name 24 was changed to ACandS, Inc. in 1969. By way of further response, 25 ACandS has a wholly-owned subsidiary, ACandS Contracting Ltd. 26 (originally named Armstrong Prm+rarrting Canada Irtd.) Which was 27 formed on November 18, 1958. ACandS Contracting Ltd. is a 28 thermal insulation contracting company in Canada and is not and
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1 was not a manufacturer of asbestos-containing products. In 2 connection with with business, it has installed and utilized 3 insulation products manufactured by other entities pursuant to 4 contract requirements. At times, some of those products 5 contained asbestos. In connection with its contracting business, 6 ACandS Contracting Ltd. may have sold some small amounts of those '7 products, but the sales were limited to Canada. In so responding. 8 ACandS does not represent that this subsidiary falls within the .9 description set forth in this interrogatory. Furthermore, 10 insofar as this subsidiary did not operate in the relevant 11 geographic area, it is not relevant to this litigation. 12 Interrogatory No. 8; Plaintiffs insist that ACandS has 13 not directly addressed subparts (a), (c) and (d) of this 14 interrogatory relating to supply, distribution and marketing. 15 ACandS disagrees. ACandS has provided a fair and accurate16 description of its activities as a contracting Company in its 17 original response to this interrogatory. As ACandS stated in its 18 response, as a contracting company,. ACandS* association with 19 asbestos-containing products cannot be fairly or accurately 20 described or categorized in the manner-in which this 21 interrogatory seeks to define defendants' activities. Plaintiffs 22 are attempting to force ACandS to describe the activities 23 associated with its operation as a contracting Company in terms 24 generally associated with manufacturing operations. 25 Plaintiffs also seek information regarding relabeling 26 of products by others -for use by ACandS. The interrogatory, 21 however, does not ask for such information. It asks whether 28 ACandS engaged in the labeling of asbestos-containing products.
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1 ACandS did not. With respect to relabeled products, see ACandS' 2 response to Interrogatory No. 13. 3 Interrogatory No. 10: ACandS stands by its response to 4 this interrogatory.'. Plaintiffs would have ACandS research every 5 contract performed by the Company to determine each and every 6 asbestos-containing product used by the Company and then provide 7 specific information concerning the appearance and composition of 8 each such product. As set forth in its original responses, 9 ACandS did not manufacture, design or patent the asbestos10 containing products which it used. Various manufacturers of those 11 products are parties to this suit and product-specific 12 information is available from those sources. Furthermore, ACandS 13 has stated in its original responses that the contract files for 14 work performed by the Company in the relevant geographic area are 15 available for inspection in Pennsylvania by the plaintiffs as are 16 various product brochures which were provided to ACandS by 17 manufacturers and which may contain some of the product-specific 18 information requested. Since ACandS does not have a compilation, 19 abstract, audit or summary containing the information requested 20 by the plaintiffs in this interrogatory, its proffer of these 21 documents for inspection by the plaintiffs is a sufficient. 22 response under the California Code of Civil Procedure. 23 Interrogatory No. 13: Based upon the information 24 discovered by ACandS to date, the following is a list of 25 relabeled products which contained asbestos, the type of product 26 -involved, the manufacturer nod the approximate years or period of 27 time duriny which the products contained asbestos: 28
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RELABELED TYPE OF
2
NAME
PRODUCT
MANUFACTURER
YEAR/PERIOD OF TIME PRODUCT
CONTAINED ASBESTOS
3 LK Pipecovering
4 & Block
5
Light Weight Molded : Hydrous' Silicate
Keene Corporation (and its predecessor companies)
To November 1972
6
Owens-Corning
To Approx. 1962
7
Ruberoid/GAF
To Approx. 1971
8
Atlas Asbestos
To late 1972
9
Fibreboard
1964-1971
10 Armatemp Cement
11 No. 10
12
13
14
Mineral Wool Insulating & Finishing
Keene Corporation
Eagle-Picher Industries, Inc.
Rockwool Mfg. Co.
Ryder Industries
Never
Approximately 3/63 to 1971
Late 1960's to 1970s
Approx, raid-1960's to 1972
15 Armatemp Cement
16 No. 166
17
18
Mineral Wool Insulating Cement
Keene Corporation
Eagle Picher Industries, Inc.
Rock Wool Mfg. Co.
Up to Feb. 1971 8/1/64 to 1971
Late 1960's through 1970
19
20 Armabes.tos
21
Ryder Industries --
Atlas Asbestos
Approx, mid-1960's through 1972
Dates currently unavailable
22 Interrogatory No. 14: Plaintiffs state that ACandS'
23 response -- that the Company did not purchase or sell raw
24 asbestos fiber from the GSA or anyone else -- is insufficient
25 because it refers only to raw asbestos fibers whereas this
26 interrogatory "seeks Information as o any asbestos used".
27 Plaintiffs' demand for a further response to interrogatory No. 14
28 is perplexing. It is not clear what distinction is being made by
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1 the plaintiffs between raw asbestos fibers and "asbestos".
2 Furthermore, the text of the interrogatory clearly refers to "the
3 grade and types of asbestos purchased or acquired". ACandS was
4 not a, manufacturer of asbestos-containing products and never
5 purchased any grade or type of asbestos fiber from the General
6 Service Administration or any branch or agency of the United
7 States Government.
*
8 Interrogatory No. 15: Plaintiffs assert that, "your
9 answer is non-responsive as to warnings issued by Armstrong
10 Contracting and Supply Corporation and Armstrong Cork Company."
11 This statement displays a lack of understanding regarding the
12 identity of ACandS. See ACandS' supplemental response, to 13 Interrogatory No. 4. Furthermore, ACandS is not and was not the
14 Armstrong Cork Company. The Armstrong Cork Company is a separate
15 . corporation which is now known as Armstrong World Industries and
16 which is itself a defendant in this action.
17 ACandS* response to this interrogatory is sufficient. 18 The warning tags and labels used by ACandS were worded and placed 19 in accordance with applicable*-OSHJfcOre^Qlations and were made
20 available within the Company in 1972. The precise date that the il 1 first OSHA-required warning t'aq-orrffaltji^L was used by the Company
22 is unknown. A photocopy of sample OSHA tags and labels is
23 attached to these answers.
24 Interrogatory No. 20; Plaintiffs .seek to require
25 ACandS to assume the burden of preparing detailed information
regarding each and every product pamphlet or brochure which the
Company has -maintained. Hove-'er, the Company does not maintain a
compilation,-abstract, audit or summary of the information
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1 reqxxested. ACandS has stated that to the extent it has 2 maintained this type of material, it is available for inspection 3 in Pennsylvania. Such documents are maintained either at ACandS, 4 120 N. Lime Street/ Lancaster, PA or at the offices-of the
> 5 Company's National Defense Counsel in Philadelphia. The 6 documents are under the general care and custody of ACandS' -7 Secretary/Treasurer, R.E. Fink, and its National Defense Counsel
*m 8 located in Philadelphia. 9 Interrogatory No. 22: ACandS has not located among its 10 existing records any documents identifying the direct sale of any 11 asbestos-containing products by the Company to the GSA in the San 12 Francisco area. Furthermore, ACandS incorporates herein its 13 response and supplemental response to interrogatory No. 10. To 14 the extent that this interrogatory is intended to relate to 15 ACandS' activities as a contracting company in the relevant 16 geographic area, ACandS incorporates herein its response to 17 interrogatory No. 24. 18 Interrogatory No. 24; ACandS' response to this 19 interrogatory is sufficient. Indeed, insofar as this 20 interrogatory expressly refers to "contract units" it is not 21 applicable to ACandS which did not operate "contract units" as 22 that term.is defined in these interrogatories. ACandS is and was 23 a contracting Company. The Company has, however, stated that the 24 contract files for contracts performed in the relevant geographic 25 area are available for inspection by the plaintiffs at 26 plaintiffs' expense .at a mutually agreeable time, in 27 Pennsylvania. 'The information sought in tins interrogatory may 28 be derived from those documents and no further response is
-7-
1 required.
2 Interrogatories 25 and 26: Again plaintiffs evidence
3 their lack of understanding as to the identity of ACandS, Inc.
4 by requesting responses for Armstrong Contracting and Supply
5 Corporation and the Armstrong Cork Company. See ACandS'
6 supplemental responses to Interrogatory Nos. 4 and 15. By way of
-7 further response, ACandS reiterates that it did not engage in
8 each of the activities set forth in this interrogatory and
9 supplements its original response as follows:
10
11 The Travelers Indemnity Co. and
12 The Travelers Insurance Co.
13 ("Travelers")
1/1/58 to 1/1/59
RSL-7226998 RSL-7226999
14 Travelers
1/1/59 to 1/1/60
RSL-7595413
15 RSL-7595414
16 Travelers
1/1/60 to 1/1/61
RSL-8659239
17 RSL-8659241
18 Travelers
1/1/61 to 1/1/62
RSL-9041867
19 RSL-9041864
20 Travelers
21
1/1/62 to 1/1/63
22
The Aetna Casualty 1/1/63 to 1/1/65
23 and Surety Company
("Aetna")
24
Aetna
1/1/65 to 1/1/68
25
Aetna
1/1/68 to 4/1/69
26
Aetna
4/1/69 to 1/1/70
"27
Aetna
1/1/70 to 1/1/73
28
RSL-9321346 RSL-9321347 98 AL 1100 SR(Y) -
98 AL 2406 SR(Y) 98 AL 115000 SR (Y) 98 AL 1JS501 SS(Y) 98 AL 116500 SR( Y)
-8-
1 Aetna 2 Aetna 3 Aetna
1/1/73 to 1/1/76 1/1/76 to 1/1/77 1/1/77 to 1/1/78
98 AL 219002 SRA(Y) 98 AL 119857 SCA 98 AL 119859 SCA
4 Aetna 5 Aetna
\ 1/1/78 to 1/1/79 1/1/79 to 1/1/80
98 AL 119864 SCA 98 GL 1 SCA
6 98 AL 119867 SCA
'l Aetna
1/1/80 to 1/1/81
98 GL 8 SCA
8 98 AL 119869 SCA
9 American Home
1/1/81 to 1/1/82
CE 1159287
Assurance Co.
10
The amount of each policy varied. Further specific information
11
relating to the contents of these policies may be obtained by 12
reviewing the policies which are available to inspection in
13
Pennsylvania and are under the general care and custody of
14
ACandS' Secretary/Treasurer, R.E. Fink, and the Company's
15
National Counsel located in Philadelphia.
16
Dated: May //^, 1987
17
JAMES N. PENROD,' ESQ.
18 N. KATHLEEN STRICKLAND, ESQ.
HASSARD, BONNINGTON, ROGERS & HUBER
19
20
21 N. Kathleen Strickland^
22
Attorneys for the ASBESTOS CLAIMS 23 FACILITY DEFENDANTS WHO HAVE
APPEARED IN AND REMAIN PARTIES TO 24 THIS ACTION
25
26
27
28
-9-
1 Additional Counsel:
2 STEPHEN M. SNYDER, ESQ. BROBECK, PHLEGER & HARRISON
3 One Market Plaza Spear Street Tower-
4 San Francisco, California 94105 Telephone: (415) 442-0900
5 ELIOT S. JUBELIRER, ESQ.
6 MORGENSTEIN & JUBELIRER 101 Market Street, Sixth Floor
-7 San Francisco, California 94105 Telephone: (415) 896-0666
8
9
10
11
12
13
14
15
16
17
18
19
20
23.
22
23
24
25
26
27
28
-10-
8
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER
SS
R. E. Fink, being duly sworn according to law, deposes
and says that he is the Secretary/Treasurer of ACandS, Inc., one
of the defendants herein named; that he is authorized to take
this Affidavit on its behalf; and that the facts set forth in the
foregoing response to plaintiffs' interrogatories are true and
correct to the best of his knowi ----- J
* belief.
Sworn to and subscribed
before me this
day
of 1987
KAREN L DREVYANKO, Notary Public Lancaster, Lancaster County, PA
My Commission Expires Oct. 30, 1989
1 PROOF OF SERVICE BY MAIL (,C.C.P. <1013, 2015.5)
2
t
3 I, the undersigned, hereby certify that I am a citizen
4 of the United States, over the age of eighteen years, and not a
5 party to the within actioip. I am employed in San Francisco and
6 my business address is Five Fremont Center, 50 Fremont Street,
7 Suite 3400, San Francisco,' California 94105. On June 18,
8 1997, I served the within '. 9
.
10 Supplemental Response Of DEFENDANT AC and S, INC. TO PLAINTIFFS* STANDARD INTERROGATORIES (Pursuant to GENERAL
11 ORDER 29)
12
13 in said action by placing a true copy thereof, enclosed in a 14 sealed envelope with postage thereon fully prepaid, in the United 15 Strtc-s mail at San Francisco, California, addressed as follows: ** 16
17 18 PLEASE SEE ATTACHED LISTS.
19
20
21
22
23 24
25 26 27
28 29
30
31 I declare under penalty of perjury that the foregoing
32 is true .and correct- Executed at San Francisco, California,
33 ci; June 18 _____________
,1987
34
35
36
Louisa Jonarmessen
SAN FRANCISCO COMPLEX ASBESTOS LITIGATION PLAINTIFF CbONSEL EftdoF dt 35Svigg
ABranaoo 4 Mtft 44 tllTjO--nr Stroot, Salto 4311 . Urn Franc I sea, CA 94104 Armt
yr Ua Off I CM Of Irue* L. Ahnfoldt
709 Frsnsl In Stroor Naoa. CA 94999 Armi Brwco Aonfoidt, Cm*
y Broon 4 Flnnoy ^ Ono Marltloo Flaxo, Salto 1200
Alcoa Salldiof
Sm Francisco. CA 94111
Attn: Crook Flnnoy, Cm*
yC Carlmo 4 Maoinson
^ 1709 --Qatar Stroor Oaklaoo, CA 9*412 Attn: John C* AoOlnson, Cm* Kooootk Cariaoo, Cm*
yC. Camoo 4 Aaoo ^ TVm CMorcoMro Cootor. 4470
Sm Franclaco. CA 94111 Attot Oavid OIMIo, Cm.
'
y Cartvrlgnt, SactioroM 4 Stobodln, Inc. 101 CalIfomla StrooT, Salto 2400 Sm Franclaco, CA 94111 Attn: llorry f, Oormlck, Cm*
yt Caoor. Sorry, Conor* --ttroan.
110 Laarol Stroot Sm OI090. CA 92101 Attn: Marcia Hagfiao, Cm*
x Jack K. Cl moot. Cm. 100 Skoroiino Hlgftaoy, Sal 1411*9 4, Salto 900 Hill Volley, CA 94941
< Hollar, Como 11 4 Lyncb 90 California Stroot, 23tn Floor Sm Francisco. CA 94111 Attn: J. ifMsam Lyncfi, Cm*
x liornaa 4 Itorroo
' 400 Honty--ry Stroot, 53rO Floor Sm Francises, CA 94111 Arm 1 j, wynoo Horroo, Cm*
v Mill, Sctmartx, Stooooo 4 teatIn r 722 Hnstgnoory Stroot
Sm Franolaoo, CA 94117
Attn: Jobo Mill, Cm*
Haborg, FInoar, iroan. Con 4 Hal I IgM ' 703 Mortar Stroot, I4tfi Floor
Sm Francloeo, CA 94103
Attn: JaoM CoogM, CM*
< Jarvis, Minor, Brodsky 4 Baskin, I , 221 Main Stroot, Salto 1001 ' Sm Frsnelsco, CA 94109 Atm: Barrorr A, Baskin, Em.
x StovM KazM, Cm* 171 Taolftn StTMt, 4300
Oakland, CA 94407
yt^ Qnorjo V. Kllbaumo, Cm* 1 1904 dll loo Stroot
Martinos, CA 94993
. X Off I coo of konnotn L. Knaeo 1109 Qaoll Stroot Moaoort Baacft. CA 92440 Attn: Fttrlck J* Bams, Cm*
* x Mock. Motaloood, Franocko 4 Tlnnoy ' 221 FI no Stroot, Salto 900 Sm Froocloeo, CA 94104 Atm: loaio S* Franocko, Cm*
x Martin, Onvis 4 Loaio ' 901 Shatto Plow, Salta 100
Loo A090IM, CA 90020 Atm: flay tools. Cm*
x MeCartny, Jana 1an 4 Millar 22 Sooaoo Stroot, Ttn Floor Sm Franrseef CA 94109 Atto: Joaao I. Millar, Cm.
* McOaalf, Sodford 4 Brtyton 901 Bolckart Avonwo F. 0. Ban 2109 Navoto, CA 94M4 Attn: AIm Brtyton, Cm*
-X Aollly, SaiaM 4 Manool 1390 Martot Stroot, No. 4 Sm Francisco, CA 94102 Atm: Jmoo J, Aollly, Em. SkoldM SoImo, Cm.
< AooMtnal 4 Loft, Inc. 100 task Stroot, Salto 490 Sm Fraoclsco, CA 94104 Atm: train Loff, Cm*
yC Sayro, Marono, Furcoll 4 Soactnr 10391 SMta Monica tlvd., Salta 404 Loo Angoloo, CA 90029
v Lao Offico of Stovoo B. Stain f Ono CoBorcsdsro Cmtor, Salto 2112
Sm Francisco, CA 94111
V Stoma, Soim, Walkor 4 Oral I 2B0 l/tak Stroot . Sm Francisco, CA 94103 Atm: Or 1 staonor Oral I, Cm*
X Harold J. TIomM, Cm* ' 143 FolI Stroot
Sm Fmocisco, CA 94102'
SAN FRANCISCO COMPLEX ASBESTOS LITIGATION DEFENSE COUNSEL PROOF OP SERVICE
aaea Cart. Sti)*, Mere 4 JOAftKft
220 Bute Street 3** Freed ace. CA 94104-3339 Atm: Wottrr I. Farter**. Cat.
V . Carliala Corf./Vtai Iro" *`trr,*i, ^.Carioca muam.ea
Areaer 4 acCfliU
Ciaaar, (niorr. Craacs.
ttff Me*e *'* RUca, Suite 300
Mcutaea 4 Raaa
R. 0. Be* 4033
201 M. Cwi Or.. /23
eemwr Cree, CA 94394
mat Craaa. CA 94394
y A. etna C_ omp./Dow Chemica,l Atm: Atiit L. Crittea, (at.
Sedgwick. Detert. Moran ,.Cjeeier Nieiag Coraeretioa
& Arnold
Brlaco mtitf liaitee
j&. Caaaral Oynauics
Aaiawia. Maraerg, Mart.e* 4 |#e Te Caotretaere Canrar, Sw.r* 2
1 Eobircadero Cntr. 16th Ltaa Merritt Ritta
San Francisco. CA 94111 1 ttt
tr.i
ivm
San 'rarenee, CA 94in Atm: Alw.a m, Aeltwm. (*a.'
Aieaa Stare Caaeaat, me. , Fearer, jeaea 4 Aetei. lat.
Oatieae, CA 944(2 Arm: Feaea Mreilt*. tat.
^Caaaral Cleerric Aaearr Laa ta OMieaa
2901 Meaterer-Sel mat Migraty P. 0. Bea 791 maeTerey. CA 93942
2L CltrtaaAt Coeetay, lat. it 4 JaMrtr 1700 aatwtf--ary Street, Stitt 110
3410 AMaricta Aiwer Or., Suite 1140 Seeraeeare, CA 93444
Atm: Aaearr Ua. tat.
V A. A. Creea tefrettorlea
I. J. Bertel la Ct. Caret Carveretlea
Stt'freaciate, CA 94111 Atm: icarr fulliit*, ttt.
jjCOeeeral Mater a rRerle*eA, Aaaeerf. Creaaeta 4
Beatert, StMeeieta,
X- Caaaustlea taflaeerlaf/Oetcaa
AtTMUa 4 Allere 332 Itte it.
Oealart, CA 94412
Cart. Kmi, Rlctiaa, inact. Aameay 4
HtMlat
2390 *eat Sate. Suite 194 freaee, CA 93794
Atrat jcm Kraea. Cat.
Arm: Aitfttre L. AayeeHa, 1st;
Ona Ktlaer Rltia. Salt# 490
Otfaay Builtlae
jC C4trf It Reel fit Cere.. Uaireyai
V~ lamtai Careeratlea Lrt./
Oeftiaat. CA 94412
Marrea. Halt 4 SAaeWy
Aeaaaaa 9retwrt7Atifrlt-
Arms Betert ftiteeea, Cat.
TKa laterettlaaal Bui 141af
Illcftfleit
Jettlkla, Ocaaer 4 Crete 449 ta*JafTea Street
2L- Creua Cart 4 Sat* Three Caearctaere Cattar.
401 Ctllftrelt Street, Suifa 12
See treatIate, CA 94104*2194 Atm: HI ante I Marrea, (at. .
Sta Frartiete. CA 94111
Salt* 470
Katia Mayaera, (at.
Arm: joaatfl Jeteifcl*, tat.
Sta Frtatitea, CA 94111 Arm: Kara H. Waatamat. tat.
7^- laterattlaati Mtrveatar Co.
ATIat Terrar. lat.
Mtrriaftea, feaa, Ouero*.
STEVENS& DRUMMOND 1910 Olympic Blvd.
< t.l. ti^eat Maeeure 4 Ce*/0ewrea ft* Rl I laeury, Metleea 4 Sutra
ClUtAf L Kmm 411 .Siam Street, fra fioor Let>afelaa, CA 90017
Suite 250
223 Butt Street
Atm: Oevit Ctater, Kat.
^BlfeockCse1l1lcox 94596
Sta 'ratalace, CA 94120 Atm: desert L. Blyea, Cat.
_Z5joaa-Creae Mautti 1 la. lac.
1676 N. California Blvd^ Firettwe Tire AMmr/HMC
Suite 500
leaaat laterattlaati. lat.
. Mcfieaait, Rareatlat 4 Cullea 439 Sacraeeare Street, luite 7? Sta Areatiace, CA fail l
Walnut Creek. CA 94596
trlcfcaea, Areumaet. tiaa, ' Rayater 4 Brawi.
Arm: FreaMa 0. Cul lee. Cat.
Beetle Cre.AMireyal, lat.-
Goreea 4 Meea
333 Mira Flare Awe. Otaltat, CA 94410
7^ Ktiatr Alueiawe/Geergit RaciHc - Cora./Ktiaar Steei/Betntai
401 Marrgeaery Street, laurta fleer
Atm: Oevlt 41 ftort, tat.
Tkeiea, Marria, Jeaaaea 4 Britg Te (aetretaere Ctater'
Sta Fraatieta, CA 94104
X _. 'ora Mater Caeaaay
Sta Freatiace, CA 94111
Arm* *)catei Utey, Cat.
Bartielt, Bartlett, Orytea 4 * a Atm: Freer it C. Malaea, (a.
One Cel iterate Street. 43123
BamiaAae 1f*el Parr lat 4 Mritrty
Sta 'rareiace, CA 94111 Atm: itareata Marya I at, (at.
7^ Ktlaar Caeaat/Vtiatr Craaua/Ga Steeltlrlta/Geerfe Short Co.
1730 tea Mata Awe.
Klaetit, Ciaauatte, Cautle 4
Sa frtAtiace, CA 94109 Atm: Bill Rarrlsa,
-- Feater-tmeeler Care. 430 Staaoaa Street. Suite IJI0
Mutert 200 eearer Street. Suita 200
IH(arH.lraa Ca. Caaaar. uire (
See frmmiwm. CA 941II Arm: jaeea t. Martla. tat.
Otaieae. CA 9440**CB2S Ml ly Maere Ralat Co.
101 Cal 11ora*a Street Itm f l oor
Sta 'raatlate. CA 94111
Arra: Aeeerr c. Ctiiaa, (at
7^. GA4yttutereit McCutenaa, Oayle, Breaa 4 taareoa Three (aetretaere CtAter Sta Fraatieta, CA 94111 Atm: aiilite Araarreaf, 1st.
Bureau I, Mar a wanat. Bur fore. ScneMait.4 Bluataa
1220 Otattat Baulatare. Sr*. 20
tlaut Craat. CA 94394 Atm: Leuia Stretlaa. lit.
r" SAN PRANCISCO COMPLEX ASBESTOS LITIGATION DEPENSE COUNSEL PROOF OP SERVICE
J
-V lace *<urM 4 ASAfO
rrr 4 Martin
tQt CjliOrma Street
San Iriitoicfl, CA M1H arm: jonn F. Mecnnncen, Ea.
)C 01anf in>ulrio
^^.Thiooi Coraorarion
tese'*. Mjll*'
!! T.
Itaetoa. Camcarr, teye.
e*ner 4 **<*
lior A Cwrfan
*33 nenrgomrT Strset, Suit* 1400
430 California Sr.. Swim 2J2S
Sin Francises. CA Min
San Francisco. CA MICA
Atm: jonn a, Koetsei, Cie.
Atm: Oevie Tonr. |*e.
~7< lr Sing'er. me.
or14 ktfti 0i***
2fL*.4roem mewatries, in*.
rnemaon a ***
Fienor A Huryr
3300 <afi<n Ai**r Or., Suite 101 Four fnesrcsetro Center,
Secramnro. CA *3*33
23m Fioor
Samara Tbmeaon, (s.
Sm
CA Mill
Arm: Tfcoaes A. Tranent* fan.
X O.S. Stee 1/Genera 1' Vene
American Asbestos/Huxle Low, Ball & Lynch. 601 California St. 21st San Francisco, CA 94108
X Lnnr Siegter/Soumom Fteitie
.
Tranaaortatton Co.ytHrr*lr Car#.
!"e*
CrOMT, HantST, teeCJI * Hay
Toieogin, loai A TaClocs
Uniroyal Inc.
l*** HirriM* Jrroor
0n Soar Srraor, Suit# 2<00
Hill, Canton, (ton, Cranaan
04AIAA4, CA M4I2
San Francisco, CA M'04
Vaco
Arrn: Jama Merenleno, (*4.
Arm: - teaarr C. Kaonay, (as.
305 Sfiarro FI act
lot AnnoIas, CA *0020
X M. H. Oarrie* Co^/tn*<r Ace
X' Sacono Manufacturing
incutarion/j. F, sramna
Sacorn Slarra. Inc.
X Unirpyai. Inc.
Carroll, fere ic* A HeOoonugn
Farter Mennlfia Cora.
Mensoars, Houston, Ooego,
Ono Cesar fencing
ronaon. Iron son A McKinnon
McClure A Nay
(esar 4 Stemneon Streets
S3S California jrroor. Suite 3<O0
F. 0. Ion 3214 .
Sen Francisco, CA M103 Arm: jio Clam, fas.
San Francisco, CA MI04.
Atm: *i itee K. Morgan, fa*.
Walnut Cram. CA M3*4 Arm: 0oogi McClure, ts.
X HnCtloyC Lymn *.V.
Seaco Cora.
X Wagner Electric Ditr.
Cream A Jama
Soyllo A Sol
Crist, Griffiths, Bryar
One merltlrne AI art, Sait* 300
San Francises, CA Milt Atm: Jama Taouisxl, Cs.
204* Confury Far* Cast, Suite 2400 Los Angolas, CA *0047 .
Aim: tell Saloon, (sc.
Schulz, Biorn k Clohan P.O. Box 90
Palo Alto, CA 94302
/y Nicoier Sr. Clair, Zaaaarrini
Stell Oil Co./terg-*emor Cora.
Hcotynn, Mctarf a mobmii
y Western MacArthur
scFemega 4 Critfin
50 Monrgomry Stmor. Suit. 300
Hardin, Cook, Loper
235 Monrgomry Srraor, M33
San Francises, CA Ml04 Arm: Anmony Crltfln, Csa.
San Francisco, CA MI33 Atm: Susan L. Fannoy, (aa.
Engel & Bergez 1999 Harrison St 18th
JC ffo incuatriaa
JL
CO*
Tranaaorratlon
Oakland, CA 94612-3508
H^A
itnoa. iarry, Horn A tei4
Corrigan A Mltaat
n u. * Sraca A Camany/Zonoi i r .
<43 California Srraor, lim Fie
Soumom Faoiflc fencing
Class, Mammy, er ai.
San Francisco, CA MlO|
Ono Momor Flaza. Suita 200 --
303 Haoliron Am.. Suita 103
Arm: fticnere S. lianoo, Caa.
San Framiam, CA MI03
Faio Alto. CA M30I
Arm: Carl mronny. lae.
)( Aacilie Cas A Clacrrie Ca.
X Star# Cooaonsarlon laawranco Funs
lau OaaartmwT
1273 Mamar Street, 3m Floor
_J terry 4
A. 0. tea 7<42
San Francisco, CA *4103
305 Fourraonm St.
San Francisco. CA Ml20 Arm: teaarr i. toreaa. (a*.
Atm: Oaniai f. Fftillias, (sc.
Tmltm Floor Oaniana, CA M*12
X Sartor Hanoi I la Cara.
Kinsoiia, teaacn, Fujlltem A Tonic '73 Century Oars laar, Suite 1400
Sninnrron A aaltery Cam any frlesson, Amumnor, tel an,
Feynrar A imon 333 Mira viara <omn
Arm: (lain# oo*iian,-|*a. 2L Morgonatala, LM4 4 JuOnlirar
101 Mornat Sfrmr, Siam Floor
toa Angelos, CA *0047
Oafeiam, CA M4I0
FoSoral Aatarva Sana luliainy
Arm: Ceoune J, Touio, ill, Csa.
Arm: OaviS A. Clffom, (a.
San Franc I am, a MI03
Atm: flier Juociircr, l:q.
'f Ftm <iarLon Co. "ur-rl*, Oran A Annmoa
Y smteioia
ironac*. Fir*yomi4 A
F*lo*or A Harrison
7*3 0raay iulleiny
300 , Aiiarroa Stront
Flaza
Ona (aifsr Flaza. Suire 2271
teemoa City. CA M044
Saner Stmot Tamr
Oanlana, CA *4412 Arm: j. Sanaa) AncraCa, (as.
Arrn: Hanry 0. tern, (a*.
Son Francisco. CA *4103 Atm: Staanon M. Snyear, tie.
c" I
1 2
3 4
5
6 7 CALIFORNIA SUPERIOR COURT 8 CITY AND COUNTY OF SAN FRANCISCO 9 DEPARTMENT NUMBER FIVE
10 11 12 13 vs. ii
15 16 17
Plaintif fs, De fendants.
)
) No.
)
) PLAINTIFFS' STANDARD
) INTERROGATORIES
) TO DEFENDANTS
) ) ) )
These written questions
are" mterrocatories" to
! !
\I
be
13 answered pursuant to the provisions of General Order No. 29.
19
DEFINITIONS .
!
20
"This Defendant" means "The named defendant herein" anc-
i
21 all predecessors in interest, successors in interest of the named;
22
defendant herein. ...
! i
23 "You" and "Your" refer to the defendant who is named!
24
above as the responding party.
If more than oneresoondina party-
Ii
25 is named, "you" and "your" refer to each resoondina nartvi i
26 separately, not jointly. A seoarate copy of these cuestio.ns has.
77 been orovided for each
23 / / /
C'* h
C
1 "Raw asbestos" means asbestos fiber mined or milled, 2 either packaged in bulk, not compounded with other substances and
3 essentially Dure wi,th the exceotion of naturallv occurring trace
4 amounts of other substances.
5 A request to "Identify" the product shall mean a request
i
6 to describe the product, the material or compound by the followinq
7 means: (1) by nickname or slanq name used in your industry and/or
8 occupation; (2) by the name under which it is sold in the market
9 place (trade name); and (3) by its generic name.
10 "Business Activities" shall mean all activities in which
11 this defendant engaged during the period of time stated. Such 12 activities, for example, may include, but are not limited .to, the 13 mining, supply, sale, labelling, distribution, importing, process .14 ing or manufacture of products, for example.-
15 "Asbestos-Containing Product(s)" shall mean a product(s)
16 which this defendant knows or believes to contain any amount of the
i 17 mineral asbestos.
18 A request to describe the "Nature" of such products means: i
19 to describe the: (a) color; (b) texture; (c) from (i.e., powder,j
liquid, paste, solid, board, cloth, _blanket, wire insulation,| 20
21
etc.); (d)
physical dimensions, if solid (length,
width andj
I
22
height); (e) the type of shippinq package and shinpinq r>ackaqe!
l
...
I
23 dimensions if not solid; (f) type of asbestos fiber used in thej
i
24 composition of the product (e.q., chrysotile, amosite, crocido-1
25 lite); (g) the intended use or function of such product as
26 recommended by this defendant as the miner, producer, supplier, ,
. i
77 -manufacturer, distributor or seller; and (h) -the worksite.in which!
28 it was intended to be used (e.q., shipyard, refinery, commercial!
-2-
c* t
c
1 building construction, manufacturing plant, home, power generating
2 plant). 3
"Document(s)" or "Writing(s)" shall include all writinqs
4 as defined by Section, 250 of the California Evidence Code.
5 Request to identify a "Writing" or "Document" or study
6 shall mean a request to either attach such an exhibit to your
7 answers to these interroqatories, or to describe .such with
8 sufficient particularity that it may be made the subject of a
9 request for production of documents. Your description should
10 include an indication_of: . (a) the author; (b) addressee(s); (c)
11 date of origin; (d) the- nature of the writinq or document (e.q.,
12 letter, telephone memorandum, audio tape recording, photograph, 13 etc.); and (e) its present location, name and present address of 14 custodian thereof..
15 A request to "Identify" an oral communication shall mean
16 a request to describe the communication with particularity, and I
17 shall include the following information: (a) the identity of all'
18 parties to the communication; (b) the identity of the person' whomj
19 you contend initiated the communication; <c) the identity of allj
I
20 persons present at the time of the communication; and (d) the time,|
!
21 date, and place of the communication.
I
22 A request to "Identify" a person or individual means to
23 state his or her name, the place of employment, present business or
24 present or last known home address, and present business telephone
25 number.
26 "Company" means any profit making private enterprise, I
77 including, but not necessarily limited to: Corporations, partner-- i
/// 28
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1 ships, joint ventures, and sole proprietorships and/or utility 2 company. 3 "Geographic Area" means the the forty six (46) counties 4 of Northern California (Alameda, Alpine, Amador, Butte, Calaveras, 5 Colusa, Contra Costa, Del Norte, El Dorado, Fresno, Glenn, 6 Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, Mendocino, 7 Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, 8 Sacramento, San Francisco, San Joaquin, San Mateo, Santa Clara, 9 Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, 10 Sutter, Tehama, Trinity* Tulare, Tuolumne, Yolo, Yuba) and military 11 faci'lities/installations in the State of California. 12 A "Contract Unit" shall mean a branch or division of a 13 def^vdant which has been or is now engaaed in installation and/or* 14 .removal of "raw asbestos fibers" and/or "asbestos-containing 15 products". 16 17 18 19 20 21 i 22 I 23 24 25
I
!26
27 28
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1 PLAINTIFF*S INTERROGATORIES TO DEPENDANTS 2 INTERROGATORY NO. 1: 3 With respect to the individual verifyinq these answers on 4 your behalf, state thg following: 5 (a) Their name; 6 (b) Their present business address;7 (c) Their present job title; 8 (d) Their date of first employment with you, and the
9 10 11 ANSWER: 12
dates and titles of each job position they have held while they were employed by you.
13
14
15
16
17
18
19 i 20
21
22
i 1l
23
24 I
I 25
26
27
28
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1 INTERROGATORY NO. 2: 2 Please state whether or not you are a corporation, and if 3 so, state: 4 (a) Your cprrect corporate name;
5 (b) Your state of incorporation;
6 (c) The date of your incorporation';
7 (d) The address of your principal place of business;
8 (e) Whether or not you have ever held a certificate of
9 authority to do business in this state, and if so,
10 the inclusive dates of any certificate;
11 (f) Whether or not you have a registered aqent for the 12 purpose of accepting service of process in this 13 state, and if so, their name and present address; 14 (g) If you are wholly owned or the majority interest of
15 your company is owned by another business entity,
16
state., that entity's name and principal place of II
17 business.
18 ANSWER: 19 20 21 22 23 24
...
.
j i
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1
25
26
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l INTERROGATORY NO. 3.: 2 Have you ever been identified, known, or done business 3 under any other name? If so, please state such name or names and 4 the time period during which this defendant was so known or 5 identified. 6 ANSWER:
7
8
9
10
11 12
13 14
15
16 17
18
19
20
21 22
23
24 25 i
26
77
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1 INTERROGATORY NO. 4: 2 State whether you have controlled, ourchased, or in any 3 way acquired any interest in any corporation or business entity 4 which has rained, manufactured, produced, processed, compounded,
5 sold, supplied, distributed and/or otherwise placed asbestos or
6 asbestos-containing products in the stream of commerce, and if so,
7 state: 8
(a) The name and address of said corporation or business
9 entity;
10 (b) The dates you controlled, ourchased or acquired any
11 12 13 14 ANSWER:
interest; and
(c) Set forth the nature of the business as it pertains l
to asbestos.
15
16 I I
17
18 19
20
21 22
23 24
25
26
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1 INTERROGATORY NO. 5: 2 Since 1930, at any time- did you own any shares of stock 3 or otherwise have an ownership interest in a company that either 4 mines, produces, or sells raw asbestos fiber? If the answer is in 5 the affirmative, state the followinq: 6 (a) The name of such corporation or entity;
7 (b) The date of incorporation or charter;
B (c) The state or country of incorporation;
9 (d) Each ownership interest owned in each corporation,
10 11 12 13 14 15 16 17 18 19 20 ANSWER: 21
setting_forth any change in such interest;
(e) The date such interest was accruired;
(f) The date of formation of such corporation or entity;
(g) The names of all shareholders owning more than 5% of
the shares of stock of such corporation;
(h)' The date such interest changed or terminated, if
applicable;
, ii
(i) The name and location of each asbestos mine so.
owned;
. i
(j) The qrade and tyne of asbestos mined at each mine. i i |
i
22
23 !I 24 25 I
26
77
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1 INTERROGATORY NO. 6; 2 Please state the followinq: 3 (a) The address where the corporate records of this 4 defendant are currently located; and 5 (b) The name, job title, and current address of the 6 custodian for this defendant's -corporate records. 7 ANSWER: 8 9
10 11 12 13 14 15 16 i 17 18
I 19
20
21 22 I 23 24
25 26 27
\I 28
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1 INTERROGATORY NO. 7: 2 Please state whethei this defendant, between 1930 and 3 1985, has ever engaged in the following activities with ceqard to 4 raw asbestos fiber, apd if so, please state the inclusive dates of 5 such activity : 6 (a) Mining; 7 (b) Milling; 8 (c) Supply;
9 (d) Importing;
10 11 12 13 14 ANSWER:
(e) Processing; (f) Distribution; (g) Marketing; (h) Sale.
15
16
17
18
19 I . I
20 ) _
21
22
23 I
I 24 l
i
25 i
26 i
27
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1 INTERROGATORY NO. 8: 2 Please state whether this defendant, between 1930 and 3 1985, has ever enqaged in the followinq activities with reqard to
4 asbestos-containing products, and if so, please state the inclusive
5 dates of such activity:
6 (a) Supply;
7 (b) Importing;
8 (c) Distribution;
9 (d) Marketing;
10 (e) Sale;
11 12 13 ANSWER:
(f) Labelling; (g) Manufacturing.
!
14
15
16
17
18 I I
19 !!
20 i
21 i
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22
23
24 25 II
26
27
28
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1 INTERROGATORY NO. 9: 2 I your answer to Interrogatory No. 7 reqardinq "raw 3 asbestos fiber" is in the affirmative, please state the followinq:
4 (a) The trade, brand name, and/or qeneric name of each
5 such raw asbestos fiber mined, milled, supplied,
6 distributed, processed, imported, labelled, and/or 7 marketed in any form or quantity between 1930 and
8 1985;
9 (b) The date(s) each such raw asbestos fiber was first
10 placed .on the market, includinq the date(s) each
11 such raw asbestos fiber was first marketed:
12 (i) on an experimental basis; 13 (ii) on a test basis; or
i
14 ' (iii) for sale.
15 (c) The date(s) each such raw asbestos fiber:
16 (i) ceased to be produced; or
i
17 (ii) was recalled from the market, if ever.
18 (d) A description of the chemical composition of eachj\
19 such raw asbestos fiber, includinq the type and/or]
20
grade of asbestos;
--
i
j
21 (e) A description of the physical appearance and naturei
22
of each such raw asbestos fiber, includinq any color ' 1
23
codinq, distinctive marking and/or loqo;
i
24
(f) A detailed description of the intended use of each! i
25
such raw asbestos fiber, includinq any temperature!
i
26 limits for each such use;
V (q) "Whether such raw asbestos fiber was on the TJ.S. Gov
28 ernment's "Qualified Products List", and if so, the
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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
ANSWER: 23 " 24 25 26 27 28
inclusive dates it was on such list;
(h) Whether any of this defendant's "raw asbestos fi
bers". have, at any time, been sold to any comoanies
(including power companies or utilities), shioyards,
distributors, refineries, suppliers and/or manufac
turers in the defined geographic area.
If so,
please state:
(i) The names of each such company, shipyard,
distributor,
supplier,
manufacturer or
refinery;
(ii)
The inclusive dates of each such sale, and the amount (volume) and the trade or brand
name of each such Law asbestos fiber sold;
(iii)
Whether you have any records indicating any such sale and, if so. the name, address and
job classification of each individual who
currently has possession of such records. (i) Describe the types of records sufficiently to iden-
tify them for discovery purposes which set forth any '
of the thereof records.
foreqoing information and (qivinq name andaddress)
thecustodian i |
-of each such 1 :
- -
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1 ANSWER: 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 77 28
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1 INTERROGATORY NO. 10: 2 IE your answer to Interroqatory No. 8 regarding "asbes 3 tos-containing products" is in the affirmative, please state the
4 followinq:
5 (a) The trade, brand name, and/or qeneric name of each
6 such asbestos-containing product sold, supplied,
7 distributed, processed, imported, labelled, manufac
8 tured, and/or marketed in any form or quantity
9 between 1930 and 1985;
10 (b) The date(s) each such asbestos-containinq product 11 was first placed on the market, includinq the 12 date(s) each such asbestos-containing product was 1 first marketed:
14 (i) on an experimental basis;
15 (ii) on a test basis; or
16 ( i i i ). for sale.
i
17 (c) The date(s) each such asbestos-containinq product:
18 (i) ceased to be produced; or
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19
(ii) was recalled from the market, if ever.
J
20 (d) A description of the chemical composition of each j
21 such asbestos-containinq product, includinq the type j
and/or grade of asbestos and/or asbestos' fiber i
22
...
i
23 contained in each such product and the quantitative |
i
24 percentage of asbestos or asbestos fiber in each !
25 such product;
26 (e) A description of the physical appearance and naturej
i
lJ of each such asbestos--containing product, includinq :
28 any color coding, distinctive marking and/or logo;
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1 (f) A detailed description of the intended use of each 2 such asbestos-containing product, includinq any 3 temperature limits for each such use;
4 (q) Whether any such asbestos-containing product was on
5 the U.S. Government's "Qualified Products List", and
6 if so, the inclusive dates it was on such list;
7 (h) The name and address of the supplier's of the raw
3 asbestos fiber used in each such product and the
9 time period of such supply;
10 (i) Whether any of this defendant's "asbestos-containinq
11 products" have, at any time, been sold to any com 12 panies (includinq power companies or utilities), 13 shipyards, distributors, refineries, suppliers 14 and/or manufacturers in the defined geographic
15 area. If so, please state:
16
(i) The names of each such company, shipyard, I
17
distributor,
supplier,
manufacturer or
18 refinery;
j
19 (ii) The inclusive dates of each such sale, and
20 the amount (volume) and the trade or brand
21 name of each such asbestos-containinq product!
22
23 (iii) Whether you have any records indicatinq any j
24 such sale and, if so, the name, address and!
25
job classification of each individual who !
26 currently has possession of such records.
27 ( j) Describe "the types of records sufficiently to iden-- .
28 tify them for discovery purposes which set forth any:
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1 2 3 4 ANSWER: 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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of the foreqoinq information and the custodian thereof (cjivinq name and address) of each such records.
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1 ANSWER: 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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1 INTERROGATORY NO. 11; 2 If anv of the distributors identified in your answer to 3 Interroqatory Nos. 9'.and 10 above was an exclusive distributorshio, 4 please so state and identify the relevant time period. 5 ANSWER: 6 7 8 9 10 11 12 13 14 15 16 17
f 18 19 20 21 22 23 24 25 26 27 28
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i INTERROGATORY NO. 12: 1 If this defendant entered into any agreements for the 2 rebranding of any asbestos-containinq product(s) and/or material(s) 3 mined, imported, manufactured, sold, distributed, and/or supnliec 4 5 by this defendant for resale or distribution by another company, 6 describe each agreement's terms and the parties to said agreement, 7 the duration of the agreement, and name of each products s) and/or 8 material(s) covered by each such agreement. 9 ANSWER:
10 11 12 13
{ 14 15 16 17 18 19 20 21 22 23 24
f
II . I
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25 26 27 28
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INTERROGATORY MO. 13: 1
IE this defendant entered into any agreements for the 2
rebranding of asbestos-containing products and/or. materials mined, 3 4 imported, manufactured, sold, distributed, and/or supplied by ano
ther company for resale or distribution by your company, describe 5 6 each of the agreements and the parties to said aqreement, the
terms, the duration, and the names of each product(-s) and/or 7 8 material(s) covered by each such aqreement. 9 ANSWER:
10
11 12 13 14
15 16 II 17 18 19
20
21 22 23 24
25 26 I 27 28
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1 INTERROGATORY MO. 14; 2 State whether
any
asbestos
used,
orocessed,
"lined,
3 manufactured, imported, supplied, distributed, labelled, and/or
4 sold by this defendant was purchased from or acauired from the
5 General Service Administration or any branch or agency of the
6 United States government during the period 1930 to 1985. If your
7 answer is in the affirmative, state:
8 (a) The name and address of the agency which supplied
9 the asbestos;
10 (b) The grade aad types Of asbestos purchased or
11 acquired;
j
12 (c) The quantities of each type of asbestos purchased or j |
13
acquired annually during the period 1930 to 1985;
;
i
14 (d) The means of packaging;
15 16 17 18 ANSWER:
(e) The health warnings, if any, which accompanied each
shipment of asbestos, and indicate when said J
warnings were first made part of the shipments.
19
20
21 i 22
I 23 I 24 ii 25 26
27
28
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1 INTERROGATORY NO. 15: 2 As to each such asbestos-containinq product listed in 3 defendant's preceding answers to interrogatories, did defendant put
4 on such products or >their containers any warning of their hazards
5 to health by virtue of the asbestos content of such products? If 6 so, state for each such warninq:
7 (a) Each such warninq with particularity, with regard to
8 size, color, and location; whether the warninq was
9 contained on the material or on the container;
10 11 12 13 14 15 16 17 18 19 ANSWER: 20
whether., the warninq was printed, stamped, and/or!
placed on a taq; and nature and wordinq or other
content. thereof;
State whether you have any photographs I
(b) The inclusive date on which you beqan using each
such warning on each of your asbestos-containing
products; and
(c) All chanqes you made in such warnings and the dates'
of such changes.
i
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21
22
23 i
24
25
26 i
27
28
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1 INTERROGATORY NO. 16: 2 As to any of the baqs of raw asbestos fiber referred to
3 in defendant's preceding answers to interrogatories, did defendant
4 put on such baqs any '.warning of the hazards to health by virtue of
5 the asbestos contained therein? 6 warning:
If so, state for each such
7 (a) Each such warninq with particularity, with reqard to
8 size, color, location, wording or other content;
9 whether the warning was contained on the material or
10 on the -container; whether the warninq was printed,
11 stamped, and/or placed on a- tag attached to the
12 material or container; i
13 (b) The inclusive dates each such warninq was issued on
14 your bags of raw asbestos fiber;
L5 (c) All changes you made in such warnings, the dates of
16 such' changes, and the inclusive dates of such 17 changes; and
18 (d) The name, address and job title of each person who'
19
20 21 ANSWER:
presently has possession of samples or documents't relating to the above warnings.
22
23
24
25
26
27
23
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1 INTERROGATORY NO. 17: 2 With resoect to each of your asbestos-containing nrod3 ucts, state whether this defendant's name, a trademark, logos, 4 color coding, or other identifying markings ever appeared on the 5 actual product itself. If so, identify each such product, state 6 when the practice to place such identifying markinqs upon the 7 product was begun and when it ended, if applicable, and describe in 8 detail the pertinent marking(s) and the purpose, if any, of such 9 markings. 10 ANSWER: 11 12 13 14 15 16 17 18
i 19 i
20 21 22 23 24 I
I 25 26 I 27 28
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1 INTERROGATORY NO.-- 1. 8...:
,
I
2 Identify all present or 'former executives, officers, or
3 other supervisory officials of defendant whose depositions have
4 been taken by plaintiffs, other than those herein, in cases
5 involving workers or their heirs who are suinq this defendant- or 6 who have sued this defendant for illnesses or injuries allegedly
7 caused, in whole or in part, by exposure to asbestos dust alleqedly
8 created by defendant's asbestos-containing products and/or raw
9 asbestos fibers.
Identify the name of the case, the court of
10 filing, the court docket number, and the date of the deoosition.
11 ANSWER:
12
13
14
15
16
17
18
19
20
21 22 23 24
25 26 27 28
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1 INTERROGATORY NO. 19: 2 Between the years 1930 to 1985, did this defendant nur3 chase or otherwise acquire any asbestos-containinq product line 4 from another company?. If so, please state for each such purchase: 5 (a) Date of contract of sale; 6 (b) Terms of purchase and sale aqreement, or if you will 7 do so without a motion to produce, attach a copy of
8 said aqreement(s) to your answers; 9 (c) Trade, brand, and/or qeneric name of each such
10 11 12 13 14 15 16 ANSWER:
product line so acquired; (d) Name of company from whom you purchased each such
asbestos-containinq product line; and (e) Location of any manufacturing facilities so ac
quired, and the type of asbestos products manufac tured therein.
1
17
18
I 19
20
21
22 23 24
25 26 27 28
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1 INTERROGATORY NO. 20: 2 Identify all brochures, pamphlets, catalogs or other
3 advertising relating to asbestos-containing products and/or raw
4 asbestos fibers which this defendant manufactured, sold, distribu
5 ted or supplied from the year 1930 to 1985. For each such document
6 please state:
7 (a) A description of the document;
8 (b) The year it was printed;
9 (c) The period of time in which it was used;
10 (d) The purpose of such document;
11 (e) Whether the documents or copies of said document 12 presently exist; 13 (f) If said documents or copies still exist, where they 14 are located; and
15 16 17 ANSWER:
(g) The name, job title, .and current address of the
custodian of such documents.
! i
18 19
20
21 22
23 24
25 l 26 I
#,7
28
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1 INTERROGATORY NO. 21: 2 Were any of the raw asbestos fibers identified in Inter 3 rogatory No. 9 sold, shipped or distributed to the General Services 4 Administration (GSA)? If so, specify the tyoe of raw asbestos 5 fiber and state the period of time. 6 ANSWER: 7 8 9 10 11 12 13 14 15 16 17 18 19 It
20 21
22 23 24 25 26 27 28
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1 INTERROGATORY NO. 22: 2 Were any of the asbestos-containinq Droducts identified 3 in Interrogatory No. 10 sold, shipped or distributed to General 4 Services Administration (GSA)? If so, specify the name of the 5 asbestos-containing products and state the period of time. 6 ANSWER: 7 8 9.
10 11 12 13 14. 15
II 16 17 18 19 20 21 22 23 24 25 26 27 28
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1 INTERROGATORY NO. 23: 2 Please state IE you forced within your corporate struc 3 ture an entity known as a "contract unit". 4 ANSWER:
5 6 7 8 9
10 11 12 13 14 15 16 17 18 19 I
I
20 i
21 22 ii! 23
I 24 iI
i
25 ii 26 27 28
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1 INTERROGATORY NO. 24:
2 Please state whether or not any of your "contract units" 3 were employed in the installation and/or removal of raw asbestos 4 fiber and/or asbestos-conta ininq products at any time in the de
5 fined geographic area for the years 1930 to 1985. If so, please
6 state:
7 (a) The inclusive periods of time the contract units
8 were working in the defined geographic area;
9 (b) The business addresses and names of the contract
10 units;
11 (c) Any records showinq the locations of the jobsites 12 where the contract units worked, and if so, describe 13 them sufficiently to identify them for discovery 14 purposes, and their present custodian;
15 (d) Did your contract units work in any shipyards, re
16 fineries, power plants, utility companies, brewer
17 ies, or other jobsites inthe defined neoqraohic:
18 19 20 21 22 23 ANSWER: 24 25
area? If so, state the name of those jobsites and!
i
the dates the contract units worked at those]-
jobw sites;
7.
ij
I (e) For each jobsite listed above, state the type and!
nature ofthe work that-was done.
\
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27
28
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1 ANSWER: 2 3
4 5 6 7 B 9 10
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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1 INTERROGATORY NO. 25: 2 From 1930 to oresent, did you have insurance arjainst 3 liability for the desiqn, manufacture, distribution and sale of 4 asbestos-containinq nroducts? 5 ANSWER: 6 7 8 910 11 12
14
15
16 * 17
I 18
I 19
20 I Il
21
22
23
24
25 I
26
V7
28
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1 INTERROGATORY NO. 26: 2 If your answer to the preceding interrogatory is in the 3 affirmative, please state: 4 (a) Name and address of each insurance company; 5 (b) Date and number of each policy; 6 (c) Limits of each policy, including the deductible; and 7 (d) Name, address, and company position of person who 8 has custody of each policy. 9 ANSWER: 10 11 12 13 14 15 16 17 18 19 l ` 20 21 22 23 24 25 26 27 28
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AUTHORIZATION
FOR RELEASE OF MEDICAL RECORDS
TO:
I, ____________________________________ ________________________________ , hereby authorize you to release to and/or permit inspection and
copying by MAJOR LEGAL SERVICES, 444 Townsend Stret, 2nd Floor,
San Francisco, California 94107, or their representatives, any and
all medical information including but not limited to, charts,
records, reports, histories, laboratory studies, x-rays and/or
out-patient. records pertaining to.*' ,
DOB:
SS#: , for
purposes of review, evaluation and evidence in connection with a
lawsuit filed
This authorization is given in compliance with the Federal Privacy Act (52 U.S.C. Section 552a(b)) and the California Confidentiality of Medical Information Act (C.C. subsections 65, et seq.), the restrictions of which have been specifically con sidered and are hereby expressly waived. A photocopy of this authorization shall be as valid as the original.
This authorization is effective immediately and shall remain in effect for 180 days.
I understand that I have a right to receive a copy of this authorization upon request.
Copy requested and received: () Yes () No Initials:
It is also understood.that pursuant to General Rule 29of the San Francisco Asbestos Litigation, any copy service or person using this authorization to obtain records is required by law to provide my attorneys
with copies of my records for a 21-day first- look before sending them to any defendant involved in my asbestos case.
DATED:
EXHIBIT "X--1
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AUTHORIZATION FOR RELEASE OF EMPLOYMENT RECORDS . TO:
If ____________________________________ ________________________
hereby authorize you to release to and/or permit inspection and
copying by MAJOR LEGAL SERVICES, 444 Townsend Stret, 2nd Floor,
San Francisco, California 94107, or their representatives, any and
all employoment information including but not limited to, job
description, promotions, payroll,, medical, injury and/or Workers'
Compensation records pertaining to ,
DOB:
_________________________ SS#: __________________.
_______, for
purposes of review, evaluation and evidence - in connection with a
lawsuit filed
This authorization is given in compliance with the Federal Privacy Act (52 U.S.C. Section 552a(b)) and the California Confidentiality of Medical Information Act (C.C. subsections 65, et seq.), the restrictions of which have been specifically con sidered and are hereby expressly waived. A photocopy of this authorization shall be as valid as the original.
This authorization is effective immediately and shall remain in effect for 180 days. -
I understand that I have a right to receive a copy of this authorization upon request.
Copy requested and received: () Yes () No Initials:
It is also understood of the San Francisco Asbestos person using this authorization law to provide my attorneys
that pursuant to General Rule Litigation, any copy service to obtain records is required
29 or by
with copies of iny records for a 21-day first look before sending them to any~ defendant involved in my asbestos case.
DATED:
Please attach notarial acknowledgment EXHIBIT "K-2
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1
2
3
4
5
6
7
8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE CITY AND COUNTY OF SAN FRANCISCO
10 DEPARTMENT FIVE
11 12 13 v.
Plaintiffs,
) No.
) ) STIPULATION RE RELEASE } OF RECORDSAND.ORDER )
14
)
15
Defendants.-
)
) 16
17 Plaintiff above named and defendant _
18 do hereby stipulate and agree to entry of an order of this Court
19 compelling release of' all records in the possession, custody
20 and/or control of the Custodian of Records, National personnel
21 Records Center, St. Louis, Missouri, including, but not limited
22 to, medical, employment, Workers' Compensation and military
23 records pertaining to:
;
24 DOB:
; Place of Birth:
25
; DOD:
SS#:
26 Employed at
27 from to _________________________
; Military Serial No.:
28
EXHIBIT "K-3"
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1 Branch of Military Service: ___
2 from to ; Government Serial No. :
.
3 The Federal Privacy Act has been specifically considered
4 in entering this stipulation.
5 It is further stipulated that all records be released
6 directly to MAJOR LEGAL SERVICES, 444 Townsend Street, 2nd Floor,
7 San Francisco, California 94107, for copying, without the neces
8 sity of a formal motion and that Major Legal Services is required
9 by law to send any records they obtain to plaintiff's counsel for 10 a first look pursuant to General Order 29 of the San Francisco 11 Complex Litigation. 12 Dated: 13
14
15
16 Dated:
17
By: __________ __________________ Attorney for Plaintiff
18
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20 By: ______________________________ 21 '-`Attorney for Defendant
22 ORDER
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24 IT IS HEREBY ORDERED that the Custodian of Records,
25 National Personnel Records Center, St. Louis, Missouri, produce
26 all records in its possession, custody and/or control pertaining
27 to
________________________ ;I,
28 including, but not limited to, medical, employment. Workers
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1 Compensation and military records, all pursuant to 5 U.S.C.
2 Section 552a(b)ll. The Federal Privacy Act has been specifically
3 considered in ordering the release of these records and this order
4 is pursuant to that Act.
It is ordered that the records be
5 released directly to MAJOR LEGAL SERVICES, 444 Townsend Street,
6 2nd Floor, San Francisco, California 94107, and that copies of any
7 records received will be provided to plaintiff's counsel for a 8 first look pursuant to General Order Number 29 of the San
9 Francisco Complex Litigation.
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11 DATED: 12
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14 Judge of the Superior Court 15
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8 SUPERIOR COURT OF CALIFORNIA
9 CITY AND COUNTY OF SAN FRANCISCO
10 DEPARTMENT FIVE
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12 Plaintiffs,
13 v.
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15 Defendants. ~
16 PROPOUNDING PARTY:
17 RESPONDING PARTY:
18 SET NUMBER:
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Defendant Plaintiff One
) No.
) ) REQUEST FOR'IDENTIFICATION ) AND PRODUCTION OF RECORDS
)' ) ) ) ) )
20 Plaintiff above named is hereby requested, within thirty
21 (30) days, to identify and produce for `inspection and copying the
22 records described herein below..
23
The records shall be produced at ______(time)
, on
24 (date)
, at the law offices of
25 , located at
26 27 The above-described documents are currently in
possession, custody or control, are not privileged, and are
your
EXHIBIT "K-4
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1 relevant to the subject matter of this action or reasonably cal 2 culated to .lead to the discovery of admissible evidence in this 3 action4 RECORDS TO BE PRODUCED 5 1. All your business records, as defined below. 6 2. All your work records, as defined below. 7 DEFINITIONS 8 1. Business records are: Purchase orders, purchase 9 receipts, bills of lading, shipping and/or receiving documents, 10 invoices, or bills relating to the purchase, sale or use of any 11 asbestos-containing products in your business; cancelled checks, 12 check registers, accounts payable ledgers, accounts receiveable 13 ledgers, general ledgers, accounting books and papers relating to 14 your business; architectural specifications, books product bro 15 chures or other literature, manuals, catalogues, price lists, 16 reference guides, books, or other papers received from suppliers 17 or manufacturers relating to asbestos-containing products; 18 packages or containers of asbestos-containing materials. 19 2. Work records are: Work diaries; union assignment 20 slips; union cards: W-2 forms; paycheck stubs; work rules or 21 safety - rules; any other papers received by you, or prepared by
you, which identify, describe or refer to products designated as:
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3 4 5 6 7 8 9 Dated: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Attorney for
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8 SUPERIOR COURT OF CALIFORNIA
9 CITY AND COUNTY OF SAN FRANCISCO
10 DEPARTMENT FIVE
11 12 13 v. 14 15 16
Plaintiffs, Defendants.
) No.
)
) NOTICE OFCOMPLETION OF ) PRELIMINARY DISCOVERY )
)
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17 Plaintiff hereby gives notice that the following dis
18 covery has been completed and the case may be set for settlement
19 conference:
20 Date Completed
21 1) Plaintiff's responses to Standard
22 Defense Interrogatories:
23 2) Record authorizations provided:
24 3) Preliminary Deposition of Plaintiff:
25 4) Preliminary Medical Screening
26 and/ or Full examination of Plaintiff:
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28 EXHIBIT "L"
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3 DATE:
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5) All necessary interrogatories have been answered by defendants:
yes
Attorney for Plaintiff
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