Document gDpK87gjMMwxKr5jZXZV3BO5a

PARA ATTY ' CLASS receiveo 1 Lisa L. Oberg (State Bar No. 120139) Felicia Y. Feng (State Bar No. 184346) DEC 2 8 1998 2 HAIGHT, BROWN & BONESTEEL, L.L.P. mAYTON HARLEY CURTIS 100 Bush Street, 27th Floor 3 San Francisco, CA 94104 ri.uvtt OvcrLWlGftT___ MAIL ^ Telephone: (415)986-7700 4 Attorneys for THE CENTER FOR CLAIMS RESOLUTION DEFENDANTS, including c0trr 5 CERTAINTEED CORPORATION 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF SAN FRANCISCO 8 9 IN RE: 10 COMPLEX ASBESTOS LITIGATION 11 12 ) ' Case No. 828684 CERTAINTEED CORPORATION'S SECOND SUPPLEMENTAL RESPONSES TO GENERAL ORDER #129 INTERROGATORIES 13 14 PROPOUNDING PARTY: PLAINTIFFS 15 RESPONDING PARTY: CERTAINTEED CORPORATION 16 SET NUMBER: ONE 17 18 RESPONSES TO INTERROGATORIES 19 INTERROGATORY NO. 13: 20 For each of the following, please state whether, at any time within the time frame or until 21 such time as any defendant which had been engaged in MARKETING RAW ASBESTOS or 22 ASBESTOS-CONTAINING PRODUCTS discontinued the MARKETING of such products, 23 DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT 24 (excluding faculty members of educational institutions) to be a member of the following: 25 A. American Conference of Governmental Industrial Hygienists; 26 B. American Industrial Hygiene Association; 27 C. American Petroleum Institute; 28 LAW OFFICES HAIGHT. BROW'S'A BONESTEEL L.L.P. Sin Francisco CC25-OOIOOOO/#55547 1 i; 1 D. American Railroad Association; 2 E. Asbestos Cement Producers Association; 3 F. Asbestos Information Association (A1A) (please answer through date of 4 | your answers); 5 1 G. Asbestos Information Association/North America (AIA/NA)(please 6 answer through date of your answers); 7 H. Asbestos Textile Institute (ATI); I 8 I. Industrial Hygiene Foundation and/or Industrial Health Foundation; 9 J. . Industrial Mineral Insulation Manufacturers Institute; 10 K. Magnesia Insulation Manufacturers' Association; 11 L. Magnesia Silica Insulation Manufacturers Association; 12 | M. Mineral Wool Institute; 13 ii 14 ! N. National Insulation Manufacturers Association (NIMA); O. National Safety Council; 15 P. New York Academy of Sciences; 16 i 17 | Q. Quebec Asbestos Mining Association (QAMA); R. Refractories Institute; 18 1 S. Safe Building Alliance (please answer through date of your answers); 19 T. Thermal Insulation Manufacturers Association TIMA); 20 U. U.S. Maritime Commission; 21 V. IDENTIFY any other organizations, associations or groups of 22 manufacturers, miners, distributors, importers, labelers, suppliers, and/or sellers of ASBESTOS- 23 , CONTAINING PRODUCTS of which THIS DEFENDANT was a member, 24 W. IDENTIFY any such representative of THIS DEFENDANT. 25 RESPONSE TO INTERROGATORYNO. 13: 26 A. - V. CertainTeed has belonged to NIMA from 1967 through 1973, TIMA from 1973 27 28 LAW OFFICES HAIGHT. BROWN & BONESTEEL L L.P San Francisco | through the present, AIA/NA since its founding in 1971, and the Association of Asbestosi CC25-0010000/^55547 2 P 1 Cement Pipe Producers from its formation in 1973 to approximately 1990. CertainTeed joined 2 i the Industrial Health Foundations in 1968 (CertainTeed has no record of when that affiliation 3 ended). 4 1 W. CertainTeed has no log, registry or other source of information which would enable it to 5 obtain the information requested. CertainTeed has no method to determine which of its 6 employees were "representatives" of CertainTeed during any specific time period. CertainTeed 7 1 further responds that this information is equally available to the requesting party as plaintiffs 8 could contact each of the organizations listed in Interrogatory No. 13 to obtain the requested 9 information, if any exists. 10 | INTERROGATORY NO. 14: 11 For each organization, association or other entity identified in YOUR Response to 12 Interrogatory No. 13, please state: I 13 j! A. The dates during which THIS DEFENDANT was a member; 14 B. The name(s) of any publication(s) received by THIS DEFENDANT from 15 such association or organization; 16 C. The name of any committee or subcommittee of which THIS 17 ,, DEFENDANT was a member, and the dates of such committee or subcommittee membership, 18 j RESPONSE TO INTERROGATORYNO. 14: iI 19 A. See answer to Interrogatory No. 13. 20 B. CertainTeed has no log, registry or other source of information which would ;I 21 enable it to obtain the information requested. 22 C. CertainTeed has no log, registry or other source of information which would 23 enable it to obtain the information requested. CertainTeed further responds that this information 24 is equally available to the requesting party as plaintiffs could contact each of the organizations 25 identified in CertainTeed's Response to Interrogatory No. 13 to obtain the requested information, 26 ! if any exists. 27 28 LAW OFFICES HAIGHT, BROWN* 60NESTEEL L.L P. Stn FranciicD CC25-00 i 0000/#55547 3 1 INTERROGATORY NO. 24: 2 I Has THIS DEFENDANT made available to its employees a medical examination 3 program to determine the absence or presence of asbestos-related disease? If so, state: 4 A. Whether chest x-rays or pulmonary function tests were part of such 5 ; program(s); 6 B. Whether participation in any such program was a mandatory condition of 7 employment or was voluntary; 8 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 9 I ' D. The IDENTITY of the custodian of such DOCUMENTS. 10 r RESPONSE TO INTERROGATORYNO. 24: 11 Pre-employment physicals were performed on employees at CertainTeed's asbestos- 12 1 cement pipe plants. CertainTeed has no records identifying when such practice began. None of 13 the pertinent medical records are in CertainTeed's custody. 14 Periodic examinations during employment (on an annual basis) were performed on 15 employees at CertainTeed's asbestos-cement pipe plants. CertainTeed has no records identifying 16 when such practice began, although it is believed that chest x-rays were taken commencing in the 17 mid-1960's and that pulmonary function tests began in approximately 1973. None of the 18 < pertinent medical records are in CertainTeed's custody. CertainTeed employees were 19 : encouraged to participate in the yearly physicals, although it was not mandatory that they take 20 such an exam. I i 21 As CertainTeed has no records in its possession, custody or control responsive to this 22 interrogatory, there is no such custodian of records to identify. 23 INTERROGATORY NO. 25: 24 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related 25 injury against THIS DEFENDANT or against any Workers' Compensation insurance carrier 26 which provided coverage for THIS DEFENDANT? If so, state the total number of such claims 27 and, for the first 20 such claims state: 28 LAW OFFICES HAIGHT. BROWN & BON'ESTEEL L.L.P. San Francisco CC25-0010000/U55547 4 i 1 ! A. The date of such claim; 2 B. The name of the claimant; 3 C. The case number; 4 D. The court in which the claim was filed; 5 E. The IDENTITY of THIS DEFENDANTS custodian of DOCUMENTS 6 evidencing such claims. 7 RESPONSE TO INTERROGATORYNO. 25: 8 The first workers' compensation claim was served against CertainTeed in December, 9 1972. Accordingly, CertainTeed is treating this Interrogatory as being inapplicable. CertainTeed 10 further responds that it has no file regarding the December 1972 claim in its possession, custody 11 ' or control. 12 INTERROGATORY NO. 26: 13 Does THIS DEFENDANT have insurance available to coverjudgments) entered against 14 it in asbestos-related personal injury lawsuits? If so, state: 15 A. The name and principal place ofbusiness of any insurance carrier who has 16 issued such policy of insurance; 17 B. The number and effective date of each policy; 18 C. The amount(s) of coverage ofeach policy; 19 D. The applicable dates of coverage. 20 RESPONSE TO INTERROGATORYNO. 26: 21 ' CertainTeed is a member of the Center for Claims Resolution with sufficient coverage for 22 the claims being asserted herein. i 23 INTERROGATORY NO. 28: 24 j' State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in the 25 following activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of such 26 activity: 27 A. Mining; 28 lv\W OFFICES HAIGHT. BROWN & BONESTEEL L.L.P. $m Francisco CC25-0010000/^55547 5 1 B. Milling; 2 C. Supply; 3 D. Importing; 4 E. Processing; 5 F. Distribution; 6 G. Marketing; 7 H. Sale; 8 I. Brokering. 9 RESPONSE TO INTERROGATORYNO. 28: 10 A. No. 11 B. No. 12 C. No 13 D. Yes. 14 E. No. 15 F. No. 16 G. No. 17 H. No. 18 I. No. 19 INTERROGATORY NO. 29: 20 If YOUR answer to any of subparts of Interrogatory 28 regarding RAW ASBESTOS is in 21 the affirmative, state: 22 A. The trade, brand name, and/or generic name of such RAW ASBESTOS 23 milled or MARKETED in any form or quantity between 1930 and 1985; 24 B. The date(s) such RAW ASBESTOS was first placed on the market, 25 including the date(s) such RAW ASBESTOS was first marketed; 26 1. On an experimental basis; 27 2. On a test basis; 28 LAW OFFICES HAIGHT. BROWN & BONESTEEL L.L.P. San Fmcitco ' CC25-0010000/#55547 6 I 1 3. For sale. 2 ; C. The date(s) such RAW ASBESTOS: 3 1. Ceased to be produced; or 4 i 2. Was recalled from the market, if ever. 5 D. A description of the chemical composition of such RAW ASBESTOS, 6 including the type and/or grade of asbestos; 7 , E. A description of the physical appearance and nature of such RAW i 8 ASBESTOS, including any color coding, distinctive marking and/or logo on the packaging or 9 container; 10 F. A detailed description of the intended use of such RAW ASBESTOS, 11 including any temperature limits for each such use; 12 G. Whether such RAW ASBESTOS was on the U.S. Government's 13 "Qualified Products List," and if so, the inclusive dates it was on such list; i 14 H. IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. i 15 | As to each such, state: 16 I. Whether any of THIS DEFENDANTS RAV/ ASBESTOS has, at any 17 time, been sold, shipped, or otherwise distributed, used or installed to or at any COMPANY 18 (including power company or utility), governmental agency or entity, shipyard, distributor, 19 refinery, contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or 20 site in the GEOGRAPHIC AREA and whether any of THIS DEFENDANTS RAW ASBESTOS 21 has at any time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS- 22 CONTAINING PRODUCTS. If so, state: 23 1. The names of each such COMPANY, governmental agency or 24 entity, shipyard, distributor, supplier, manufacturer or refinery; 25 2. The inclusive dates of each such sale, and the amount (quantity) 26 and the trade brand name of such RAW ASBESTOS sold; 27 I' 28 LAW OFFICES HAIGHT. DROWN & BONESTEEL L.L.P. San Francisco CC25-0010000/#S5547 3. The manner of shipment (e.g. boat, rail, etc.) 7 1 4. Whether you have any records indicating any such sale or shipment 2 and, if so, the name, address and job classification of each person who currently has possession 3 of such records. i 4 5. Either (1) attach all DOCUMENTS evidencing the information 5 sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach 6 disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that 7 they may be made the subject of a request for production of documents. 8 j RESPONSE TO INTERROGATORYNO. 29: I 9 Not Applicable. CertainTeed never milled nor marketed raw asbestos, 10 i INTERROGATORY NO. 32: (PREMISES DEFENDANTS onlvl: 11 I Did YOU install, remove, or handle or contract to have others install, remove, or handle 12 ; RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any PREMISES in the 13 i GEOGRAPHIC AREA which PREMISES is at issue as to YOU in San Francisco Superior Court 14 i asbestos litigation as of the date ofyour answers to these interrogatories? If so: 15 A. IDENTIFY the PREMISES. 16 i 17 ; B. For each of the PREMISES: 1. State the nature of your ownership or possessory interest; 18 2. State the inclusive date of that interest; 19 i 3. IDENTIFY the party from whom that interest was acquired; 20 4. IDENTIFY the party, if any, to whom that interest was transferred. 21 C. IDENTIFY every contract to which YOU were a party or of which you 22 | have knowledge wherein the performance of such contract involved the installation, removal, 23 |J disturbing or handling of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at 24 ! YOUR PREMISES. For each such contract: 25 1. IDENTIFY the parties to the contract; 26 ; 2. Provide a general description and specific location of the work to 27 be performed by each party to the contract; 28 LAW OFFICES HAlCHT. BROWN & BONESTEEL L l.P Sin Francisco 1 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS 2 or ASBESTOS-CONTAINING PRODUCTS installed, removed, disturbed or handled in the 3 performance of the contract; 4 4. State the dates of the contract and the dates of performance; 5 D. Except as provided in response to subpart (c), has any work other than 6 routine maintenance been done on or to the PREMISES that involved the installation, removal, 7 disturbing or handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If 8 so, for each instance: 9 1. State the inclusive dates of the work; 10 2. Provide a general description and specific location of the work; 11 3. State whether the work was done by YOU and/or YOUR 12 employees; 13 4. IDENTIFY and describe the NATURE of the RAW ASBESTOS 14 or ASBESTOS-CONTAINING PRODUCTS installed, removed, handled or disturbed; 15 5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS- 16 CONTAINING PRODUCTS were acquired. 17 E. Has any asbestos abatement effort been made at the PREMISES? If so, 18 for each such effort: 19 1. IDENTIFY who did the work; 20 2. State the inclusive dates thereof; 21 3. State whether samples were taken, and, if the samples still exist, 22 IDENTIFY the custodian of the samples; 23 4. State whether any material was tested, and, if so, what were the 24 result of each test; 25 5. IDENTIFY each test result with sufficient particularity for 26 purposes of request for production of documents, or, in the alternative, attach a copy to YOUR 27 answers to these interrogatories. 28 S ,.p. CC25-OOIOOOOW55547 1 ! F. Except for insurance coverage litigation, have you filed suit against, or 2 ; otherwise sought to recover from, any person or entity for some or all of the cost of asbestos 3 abatement or for the property damage allegedly caused by the presence of RAW ASBESTOS or 4 ; ASBESTOS-CONTAINING PRODUCTS on the PREMISES identified in response to subpart 5 : (A)above?If so: I 6 1. IDENTIFY the person or entity against whom YOU have filed suit 7 or otherwise sought to recover; 8 2. If YOU have filed suit, state the court in which the action was 9 filed, the date on which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of 10 record; 11 3. State whether or not the case has been resolved, and, if so, what 12 was the status of disposition. 13 G. Either (1) attach all DOCUMENTS evidencing the information sought in 14 i this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 15 | containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 16 , may be made the subject of a request for production of documents. 17 H. IDENTIFY the person(s) presently most knowledgeable about the 18 information sought in this interrogatory or its subparts. 19 RESPONSE TO INTERROGATORY NO. 32: 20 | Not applicable. CertainTeed is not a premises defendant. 21 S INTERROGATORY NO. 44: 22 When do YOU contend that THIS DEFENDANT first became aware that there is an 23 association between asbestos exposure and disease in human beings? 24 RESPONSE TO INTERROGATORYNO. 44: :! 25 Unknown. CertainTeed does not know when it first became aware of an association 26 between asbestos exposure and disease in human beings. 27 28 LAW OFFICES HAIGHT, BROWN & HONESTEEL L L.P San Francisco I CC25-OOIOOOO/S55547 10 1 INTERROGATORY NO. 45: 2 How do YOU contend that THIS DEFENDANT first became aware that there is an 3 association between asbestos exposure and disease in human beings. 4 RESPONSE TO INTERROGATORYNO. 45: 5 Unknown. CertainTeed does not know how it first became aware of an association 6 ; between asbestos exposure and disease in human beings. 7 INTERROGATORY NO. 47: 8 When did THIS DEFENDANT first warn its employees that exposure to asbestos could 9 be hazardous to human health? State: 10 A. Whether the first such warning was written or oral; 11 B. Whether copies of DOCUMENTS containing such warning exist; 12 C. The IDENTITY of the custodian of such DOCUMENTS; 13 D. The content of the warning. 14 RESPONSE TO INTERROGATORY NO. 47: 15 i CertainTeed has on occasion provided its employees with brochures and booklets 16 ; regarding the health effects ofasbestos. It is believed that such documents were those which i 17 | have been published on the subject by the Asbestos Information Association. Copies of such 18 documents are presumed to be retained by the Asbestos Information Association. As 19 CertainTeed does not have the relevant brochures and booklets in its possession, custody or 20 control, it is unable to provide any information regarding the content of any warnings contained 21 1 in the brochures and booklets. 22 INTERROGATORY NO, S3; 23 At any time between 1930 and 1985, did you import, export, ship, transship or otherwise 24 transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of or through 25 any port in the GEOGRAPHIC AREA? If so, for each occasion: 26 A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS 27 1 and/or ASBESTOS-CONTAINING PRODUCTS; 28 s Si j CC25-0G10000/tf55547 ..P 11 1 B. IDENTIFY the ship or ships (including the owners and operators thereof) 2 onto or from which the RAW ASBESTOS and ASBESTOS-CONTAINING PRODUCTS were 3 loaded, unloaded or shipped; 4 C. State the dates, port and pier involved for each occasion; 5 D. Either (1) attach all DOCUMENTS evidencing the information sought in 6 this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 7 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 8 may be made the subject of a request for production of documents. 9 RESPONSE TO INTERROGATORYNO. S3: 10 CertainTeed imported asbestos fiber into the U.S. through the Port of San Francisco from 11 1962 until 1975. Not applicable with respect to asbestos-containing products. 12 A. Fiber imported was chrysotile and crocidolite. CertainTeed has no records in its 13 custody pertaining to the amount of fiber imported. CertainTeed is unaware of any other persons 14 or organizations outside of CertainTeed that could provide further information relevant to this 15 interrogatory. 16 B. It is believed that the ships which carried the fiber were operated by Ned Lloyd 17 Lines. CertainTeed has no records pertaining to the identity of any such ships. CertainTeed is 18 unaware of any other persons or organizations outside of CertainTeed that could provide further 19 information relevant to this interrogatory. 20 C. It is believed that all asbestos fiber imported by CertainTeed through the port of 21 San Francisco between 1962 and 1975 would have passed over Piers 19 or 23 (only). Dates are 22 unknown. CertainTeed is unaware of any other persons or organizations outside of CertainTeed 23 that could provide further information relevant to this interrogatory. 24 // 25 // 26 // 27 // 28 S N& CC25-OOIOOOOM5S547 12 1 D. No pertinent documents exist. 2 3 DATED: December 23,1998 HAIGHT, BROWN & BONESTEEL 4 5 6 Lisa L. Oberg 7 Felicia Y. Feng Attorneys for THE CENTER FOR 8 CLAIMS RESOLUTION DEFENDANTS, including 9 CERTAINTEED CORPORATION 10 11 12 13 14 15 16 17 i 18 19 20 21 il!l 22 I 23 24 25 26 27 28 S NA . P. CC25 *001OQQO/# 55 547 13 1 PROOF OF SERVICE BY MAIL 2 STATE OF CALIFORNIA 3 COUNTY OF SAN FRANCISCO ) ) Case No: 828684 ) 4 5 I am employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 100 Bush Street, 27th Floor, San 6 Francisco, CA 94104-3902. 7 On December 23, 1998,1 served on interested parties in said action the within: 8 CERTAINTEED CORPORATION'S SECOND SUPPLEMENTAL RESPONSES TO GENERAL ORDER NO. 129 INTERROGATORIES 9 by placing a true copy thereof enclosed in sealed envelope(s) addressed as follows: 10 (SEE ATTACHED LIST) 11 and depositing such envelope(s) for collection and mailing by placing them in a postal 12 box in my work area. 13 I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service 14 on that same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than 1 day 15 after date of deposit for mailing in affidavit. 16 Executed on December 23,1998, at San Francisco, California. 17 I declare under penalty of perjury under the laws of the State of California that the 18 foregoing is true and correct. 19 20 William McClure 21 22 23 24 25 26 27 28 S si ft #51652 vl - POS (user) G O 129resp.topl discovery 1 IN RE COMPLEX ASBESTOS LITIGATION SERVICE LIST 2 Alan Brayton, Esq. Brayton, Curtis, Purcell & Geagan 3 222 Rush Landing Road P.O. Box 2109 4 Novato CA 94948 5 Wartnick, Chaber, Harowitz, Smith & Tigerman 101 California Street, Suite 2200 6 San Francisco CA 94111 7 Law Offices of Christopher E. Grell The Monadnock Building 8 685 Market Street, Suite 540 San Francisco CA 94105 9 Jack Clapper, Esq. 10 2330 Marinship Way, Suite 140 Sausalito CA 94965 11 Visse & Yanez 12 One Daniel Burnham Court, Suite 220-C San Francisco CA 94109-5460 13 Bruce L. Ahnfeldt, Esq. 14 P.O. Box 6078 NapaCA 94581 15 Berry & Berry 16 1300 Clay Street, 9th Floor P.O. Box 70250 17 Oakland CA 94612-0250 18 19 20 21 22 23 24 25 26 27 28 S N* #51652 vl - POS (user) G O. 129 resp. to pi. discovery