Document gbyon9nkQEMXy4nVazwLbRR1L

1 Eugene C. Blackard Jr. (Bar No. 142090) Cesar A. Alvarado (Bar No. 193973) 2 ARCHER NORRIS A Professional Law Corporation 3 2033 North Main Street, Suite 800 Walnut Creek, California 94596-3759 4 Telephone: 925.930.6600 Facsimile: 925.930.6620 5 Attorneys for Defendant 6 GRAYBAR ELECTRIC COMPANY, INC. 7 Aug 25 2011 11:02AM 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 10 IN RE: 11 IN AND FOR THE COUNTY OF SAN FRANCISCO No. 828684 COMPLEX ASBESTOS LITIGATION 12 13 14 15 / DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 16 17 Defendant, GRAYBAR ELECTRIC COMPANY, INC. ("GRAYBAR") hereby amends and 18 supplements it responses to Plaintiff's Interrogatories pursuant to General Order No. 129 as follows. In 19 responding to these interrogatories, responding party has provided such information as is presently available. 20 However, discovery is continuing and responding party reserves the right to introduce such additional 21 evidence or facts as later ascertained, and to present at trial further documentary or oral evidence for analysis 22 not yet obtained or available. 23 INTERROGATORY NO. 1.: 24 IDENTIFY the person verifying these answers on YOUR behalf. 25 RESPONSE TO INTERROGATORY NO. 1: 26 27 Kathie Bullerdick Corporate Counsel II 28 Graybar Electric Company, Inc. (c/o Archer Norris) TXECB/1204605-1 ' DEFENDANT GRAYBAR ELECTRIC COMPANY. INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 SC-GRAY-6855 1 INTERROGATORY NO. 2: 2 State the date of first employment with YOU, and the dates and titles of each job position the person verifying these interrogatories has held while employed by YOU. 3 4 RESPONSE TO INTERROGATORY NO. 2: 5 Ms. Bullerdick has been employed with Graybar Electric Company, Inc. since 2008, first as Sr. 6 Corporate Counsel and then in her current position as Corporate Counsel II. 7 INTERROGATORY NO. 3: 8 State whether or not YOU are a corporation, and if so, state: A. YOUR correct corporate name. 9 B. YOUR state of incorporation. C. The date of YOUR incorporation. 10 D. The address of YOUR principal place of business. 11 E. Whether or not YOU have ever held a certificate of authority to do business in the State of California, and if so, the inclusive dates of any certificate, 12 F. If YOU are wholly owned or the majority interest of YOUR company is owned by another business entity, state the entity's name and principal place of business. 13 G. Whether YOU have any business offices in California, and if so, YOUR principal place of business in California, 14 RESPONSE TO INTERROGATORY NO. 3: 15 Yes. 16 17 A. Graybar Electric Company, Inc. 18 B. New York 19 C. December 11, 1925 20 D. 34 North Meramec Avenue, Clayton, Missouri 21 E. GRAYBAR has been qualified to do business in California since December 11, 1925 22 F. GRAYBAR is wholly owned by its employees and retirees 23 G. GRAYBAR has 23 branches in California. Each branch reports independently to corporate 24 offices in Missouri. GRAYBAR has no principal place of business in California. 25 Interrogatoiy No. 4: 26 Have YOU ever been identified, known, or done business under any other name in the State of 27 California? 28 TXECB/1204605-1 ,,2~ DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAJNTtFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 RESPONSE TO INTERROGATORY NO. 4: 2 No. 3 INTERROGATORY NO. 5: 4 If your answer to Interrogatory No. 4 is in the affirmative, please state such name or names and the 5 time period during which THIS DEFENDANT was so known or identified. 6 RESPONSE TO INTERROGATORY NO. 5: 7 Not applicable 8 Interrogatory No. 6: 9 If YOU are not a corporation, what is YOUR business structure (Partnership, joint venture, sole proprietorship, etc.). 10 11 RESPONSE TO INTERROGATORY NO. 6: 12 Not applicable. 13 Interrogatory No. 7: 14 If YOU are not a corporation, please IDENTIFY all persons or other entities with an ownership interest in YOU. 15 RESPONSE TO INTERROGATORY NO. 7: 16 17 Not applicable. 18 Interrogatory No. 8: 19 Ifyou are not a corporation, please state the following: A. The address where the HISTORICAL RECORDS of THIS DEFENDANT ARE currently 20 located; and B. The name, job title and current address of the Custodian for THIS DEFENDANT'S 21 HISTORICAL RECORDS. As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating to the 22 formation of THIS DEFENDANT, all minutes of partners', general partners', or other owners' meetings, and all DOCUMENTS this DEFENDANT'S merger with, acquisition of or purchase, or sale of or by any other 23 COMPANY. 24 RESPONSE TO INTERROGATORY NO. 8: 25 Not applicable. 26 Interrogatory No. 9: 27 IDENTIFY YOUR custodian of Business Records. 28 TXECB/1204605-1 _3_ DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 RESPONSE TO INTERROGATORY NO. 9: 2 Graybar does not have a global custodian for all business records, Ms. Carrie Johnson, Director, Corporate Marketing and Communications, 3 c/o Archer Norris, is custodian for certain archival records, which would include marketing 4 communications and product catalogs. 5 Interrogatory No. 10: 6 IDENTIFY the person or persons most knowledgeable about: A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS CONTAINING PRODUCTS; 7 B. YOUR use of RAW ASBESTOS and/or ASBESTOS CONTAINING PRODUCTS; C. YOUR contracting with others to do work involving use of handling of RAW ASBESTOS 8 OR ASBESTOS CONTAINING PRODUCTS. 9 RESPONSE TO INTERROGATORY NO. 10: 10 Graybar Electric Company, Inc. is a distributor of electrical related products manufactured by others 11 and is not in the business of acquiring or selling "asbestos containing" products or contracting with others to 12 do work involving those products. Responding party will attempt to locate a person knowledgeable, to the 13 extent that such person exists, responsive to any request, at such time as plaintiffs identify a product, time 14 and geographic location at issue. 15 Interrogatory No. 11: 16 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING PRODUCTS, 17 state the IDENTITY of physicians, medical directors and/or industrial hygienists employed by YOU during 18 the time frame or prior to the time YOU discontinued the marketing of such products. All other DEFENDANTS need only respond as to medical directors and/or industrial hygienists or physicians 19 employed in the area of employee health and safety. PREMISES owners and domestic corporations need only respond as to the United States. 20 RESPONSE TO INTERROGATORY NO. 11: 21 None. 22 Interrogatory No. 12: 23 24 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf of THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, wherein the plaintiff has 25 alleged an asbestos-related injury? If so, for each such third-party case (except that Premises Defendants and Contractor Defendants need answer only with respect to cases relating to sites within the GEOGRAPHIC 26 AREA) please state: A. the caption and case number 27 B. The court filing including state and county; C. The date of deposition or trial testimony; 28 TXECB/1204605-1 _4_ DEFENDANT GRAYBAR ELECTRIC COMPANY, INC. 'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 D. The name and address of plaintiffs counsel of record; E. The name and address of the court reporter. 2 RESPONSE TO INTERROGATORY NO. 12: 3 Yes. 4 5 Ralph L. Sackett (deceased) testified by deposition in the following matters: 6 1. A. Walberg v. Fibreboard, Case No. 90-2-00223-5 7 B. Superior Court of Washington for Kitsap County 8 C. March 30,1992 9 D. Schroeter, Goldmark & Bender, P.S., 500 Central Building, 810 Third Avenue, Seattle, WA 98104 10 11 E. Venezia Reporting and Video Services, 1017 Olive Street, Suite L-2, St. Louis, MO 12 2. A. W.V. Civil Action 92-C-8888 13 B. Circuit Court of Kanawha County 14 C. August 31,1993 15 D Henderson & Goldberg, 1030 Fifth Avenue, Pittsburgh, PA 15219 16 E. Waller Reporting, Inc., 515 Olive Street, Suite 1506, St. Louis, MO 63101 17 Kevin O'Rourke 18 1. A. C.A. No. 93C-01-119; C.A. No. 94C-07-167; C.A. No. 94C-03-011; C.A. No. 94C19 01-49; CA94C-12-12-274. 20 B. A court located in the State of Delaware 21 C. August 22,1995 22 D. Jacobs & Crumplar, P.A., 2 East 7th Street, Wilmington DE 19801 23 E. Wilkes & McCall, Telephone Number (302) 426-1007 24 Donald E. Lang 25 1. A. Pamela A. Ondik, et al. v. ACandS, Inc. et al.. No. 00-2463 26 B. 27 C. 28 TXECB/1204605-1 Commonwealth of Massachusetts, Middlesex, Superior Court Department December 12, 2000 -5- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 D. Law Office of Michael C. Shepard, P.C., 205 Portland Street, Boston, MA 02114 2 E. Eppley Court Reporting, P.O. Box 532, Ashland, MA 01721 3 4 David Maxwell 5 1. A. Alfred Todakv. Asbestos Defendants, No. 320621 6 B. San Francisco Superior Court, State of California 7 C. January 10, 2002 8 D. Brayton Purcell, 222 Rush Landing Road, Novato, CA 94948 9 E. Tooker & Antz Court Reporting, 818 Mission Street, 5'1' Floor, San Francisco, CA 10 2. A. Norman Hopkins v. Asbestos Defendants, No. 408556 11 B, San Francisco Superior Court, State of California 12 C. May 9,2003 13 . D. Brayton Purcell, 222 Rush Landing Road, Novato, CA 94948 14 E. Aiken & Welch, One Kaiser Plaza, Suite 505, Oakland, CA 15 3. A. Walter A, Cross v. Flintkote, etal.. No. 00-CV-00117 16 B. In the Court of Common Pleas, Trumbull County, Ohio 17 18 C. August 30,2006 19 D, Law Offices of Russell Smith, 503 Key Building, 159 South Main Street, Akron, OH 44308 20 E. Premier Court Reporting, 3rd Floor, 80 South Summit Street, Akron, OH 21 James Estis (deceased) 22 A. Douglas W Cochrane (WD: Carol S. Cochrane), Case No. 03-09321-NP 23 Ronald Shuster (WD: Lorraine E. Shuster), Case No. 03-09320-NP 24 Nicholas/Betsy Waswick, Case No. 04-01852-NP 25 B. Circuit Court for the County of Shiawassee, State of Michigan 26 C. August 9,2005 27 D. 28 TXECB/1204605~1 Goldberg, Persky & White, P.C., 4800 Fashion Square Boulevard, Suite 260, Saginaw, Michigan 48604 -6- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 E, Bienenstock Court Reporting & Video, www.bienenstock.com 2 Gerald G. Pollick 3 A. Robert Donlcm and Paulette F. Donlan v. A. W. Chesterton, et al.. Case No. 07-0774 4 5 B. Commonwealth of Massachusetts, Middlesex Superior Court 6 C. September 13, 2007 7 D. Coady Law Firm, 205 Portland Street - 5th Floor, Boston, MA/Simon Eddins & Greenstone, LLP, 3232 McKinney Avenue, Suite 610, Dallas, TX 8 E. Eppley Court Reporting, LLC, P.O. Box 382, Hopedale, MA 01747 9 Roger M. Cutler 10 11 1. A. Brodeur \.A. W. Chesterton, etal.,, etal., Case No. BC373865 12 B. Los Angeles Superior Court, State of California 13 C. 10/31/2008 14 D. Keller, Fishback & Jackson LLP, Tarzana, CA 15 E. Advantage Court Reporters 18401 Burbank Boulevard, Suite 108 16 Tarzana, CA 91356 17 2. A. Luce v. A. W. Chesterton Company, et al 18 Gauger v. Alcatel Lucent, et al. Huffman v. A-1 All American Roofing Company, et al. 19 B. San Francisco Superior Court Action No. CGC-09-275406 20 San Francisco Superior Court Action No. CGC-09-275194 Los Angeles Superior Court Action No. BC437142 21 C. January 19, 2011 22 D. Keller, Fishback & Jackson LLP, Tarzana, CA 23 24 E. Advantage Court Reporters 18401 Burbank Boulevard, Suite 108 25 Tarzana, CA 91356 26 Michael Denbo 27 A. Dennis Riley, et al. v. Alcoa, Inc., et al, Case No. RG09441080 28 TXECB/12 04 605-1 -7- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 ' 1 B. Alameda County Superior Court, State of California 2 C. August 13 and 14, 2009 3 D. Kazan, McClain, Lyons, Greenwood & Harley 4 E. Aiken Welch Court Reporters 5 1 Kaiser Plaza, Suite 505; Oakland, CA ; 94612 6 Wallace Gould 7 A. HowardJ. Honkola and Mary E. Honkola v. A.H. Bennett Company, et al.; Court File No. 62-CV.09-10326 8 B. District Court - Second Judicial District; State of Minnesota, County of 9 Ramsey 10 C. March 3, 2010 11 D. Law Firm of Sieben Polk, PA 12 E. Kirby A. Kennedy and Associates.; Ph: 952-922-1955 13 Thomas Hill 14 A. Ignazia , Moscaritolo, individually and as Executrix of the Estate of 15 Robert Moscaritolo; Case No. 10-0862 16 B. Commonwealth of Massachusetts, Middlesex Superior Court 17 C. April 11,2011 18 D. Coady Law Firm, 205 Portland Street, Boston Massachusetts 19 E. Eppley Court Reporting, LLC, P.O. Box 382, Hopedale, MA 01747 20 21 Interrogatory No. 13: 22 For each of the following, please state whether, at any time within the time frame or until such time as any defendant which had been engaged in MARKETING RAW ASBESTOS or ASBESTOS23 CONTAINING PRODUCTS discontinued the MARKETING of such products, THIS DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT (excluding faculty members of 24 educational institutions) to be a member of the following: 25 A. American Conference of Governmental Industrial Hygienists; 26 B. American Industrial Hygiene Association; C. American Petroleum Institute; 27 D. American Railroad Association; E. Asbestos Cement Producers Association; 28 TXECB/1204605-1 -8- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 F. Asbestos Information Association (AIA)(please answer through date of your answers); G. Asbestos Information Association/North American (AIA/NA)(please answer through date of 2 your answers); H. Asbestos Textile Institute (ATI); 3 I. Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF); J. Industrial Mineral Insulation Manufacturers Institute; 4 K. Magnesia Insulation Manufacturers' Association; 5 L. Magnesia Silica Insulation Manufacturers Association; M. Mineral Wool Institute; 6 N. National Insulation Manufacturers Association (NIMA); O. National Safety Council; 7 P. New York Academy of Sciences; Q. Quebec Asbestos Mining Association (QAMA); 8 R. Refractories Institute; S. Safe Building Alliance (please answer through date of your answers); 9 T. Thermal Insulation Manufacturers Association (TIMA); U. U.S. Maritime Commission; 10 V. IDENTIFY any other organization, associations or groups of manufacturers, miners, 11 distributors, importers, labelers, suppliers, and/or sellers of ASBESTOS-CONTAINING PRODUCTS of which this DEFENDANT was a member; 12 W. IDENTIFY any such representative of THIS DEFENDANT. 13 RESPONSE TO INTERROGATORY NO. 13: 14 A-V. No. W. Not applicable. 15 Interrogatoty No. 14: 16 For each organization, association or other entity identified in YOUR Response to Interrogatory No. 17 13, please state: 18 A. The dates during which THIS DEFENDANT was a member; B. The name(s) of any pubhcation(s) received by THIS DEFENDANT from such association 19 or organization; C. The name of any committee or subcommittee of which THIS DEFENDANT was a member, 20 and the dates of such committee or subcommittee membership. 21 RESPONSE TO INTERROGATORY NO. 14: 22 Not applicable. 23 Interrogatory No. 15: 24 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or 25 conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of New Jersey relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? If so: 26 A. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) 27 describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. 28 TXECB/1204605 - X _g_ DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 B, State the date upon which THIS DEFENDANT first received such DOCUMENTS; C, State the IDENTITY of the custodian of such DOCUMENTS. 2 D, This interrogatory does not apply to DOCUMENTS contained in a library maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the general public. 3 RESPONSE TO INTERROGATORY NO. 15: 4 No. 5 Interrogatory No. 16: ' 6 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies and/or tests 7 conducted by any insurance company, including but not limited to Metropolitan Life Insurance Company and Aetna Insurance relating to asbestos exposure in the workplace or the human health consequences of 8 exposure to asbestos? If so: A. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatoiy 9 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for 10 production of documents. 11 B. State the date upon which THIS DEFENDANT first received such DOCUMENTS; C. State the IDENTITY of the custodian of such DOCUMENTS. 12 D. This interrogatory does not apply to DOCUMENTS contained in a library maintained by a DEFENDANT hospital or a DEFENDANTS library providing access to the general public. 13 RESPONSE TO INTERROGATORY NO. 16: 14 No. 15 Interrogatory No. 17: 16 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or 17 conclusions of any studies and/or tests conducted by any laboratory, including but not limited to, the Saranac 18 Laboratory relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? if so: 19 A. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatoiy and its 20 subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for 21 production of documents. B. State the date upon which THIS DEFENDANT first received such DOCUMENTS; 22 C. State the IDENTITY of the custodian of such DOCUMENTS, D. This interrogatory does riot apply to DOCUMENTS contained in a library maintained by a 23 DEFENDANT hospital or a DEFENDANT'S library providing access to the general public. 24 RESPONSE TO INTERROGATORY NO. 17: 25 No. 26 Interrogatory No. 18: 27 Had THIS DEFENDANT (except for a defendant that is an educational institution) prior to 1973 28 TXECB/1204605-1 -10- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. ] 29 1 ever maintained a library (or libraries) which contained books, articles, periodicals, journals, and/or reference materials that related to the subjects of asbestos, industrial hygiene, medicine, safety 2 and/occupational disease. If so, state: A. The date each such library was established; 3 B. The location of each such library; 4 C. The IDENTITY of each librarian or other person in charge of such library. 5 RESPONSE TO INTERROGATORY NO. 18: 6 No. 7 Interrogatory No. 19: 8 With the exception of OSHA compliance, had THIS DEFENDANT (except for a defendant that is an educational institution) prior to 1980 exchanged DOCUMENTS or communicated with any person or 9 other COMPANY expressly regarding the results of tests and/or studies relating to asbestos exposure in the workplace or the human health consequences of exposure to asbestos? if so, state: 10 A. Each person or COMPANY with whom the information was exchanged or to whom it was 11 communicated. B. The date(s) of any such exchanges or communications; 12 C. The IDENTITY of the custodian of such DOCUMENTS. 13 RESPONSE TO INTERROGATORY NO. 19: 14 No. 15 Interrogatory No, 20: 16 Has any employee or designee of THIS DEFENDANT testified as a representative of THIS DEFENDANT before the Occupational Safety and Health Administration, the National Institute of 17 Occupational Safety and Health, or any committee or subcommittee of the United States Congress relating to 18 asbestos exposure in the workplace or the human health consequences of exposure to asbestos? If so, please state: 19 A. The entity before whom such testimony was given B. The date(s) and location(s) of such testimony; 20 C. The IDENTITY of the individual(s) who so testified; D. Whether any DOCUMENTS were presented to the entity before which testimony was 21 given; . E. Whether copies of DOCUMENTS presented were retained by THIS DEFENDANT and, if 22 so, state the IDENTITY of the custodian of such DOCUMENTS. 23 RESPONSE TO INTERROGATORY NO. 20: 24 No. 25 Interrogatory No. 21: 26 Has THIS defendant (except for a defendant that is an educational institution) conducted, or caused 27 to be conducted, tests, and/or studies of ambient asbestos dust created during the manufacture, processing and/or assembling for sale of ASBESTOS-CONTAINING PRODUCTS? If so, state: 28 TXECB/120460S-1 -11- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 A. Each manufacturing facility, including location and address, at which any such test and/or study was conducted; 2 B. The date of each such test and/or study; C. The individual(s) or entity conducting each such test and/or study; 3 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or 4 conclusions of each such study; E. The IDENTITY of the custodian of such DOCUMENTS. 5 RESPONSE TO INTERROGATORY NO. 21: 6 No. 7 Interrogatory No. 22: 8 Has THIS DEFENDANT (except for a defendant that is an educational institution) conducted, or 9 caused to be conducted, any tests and/or studies on ambient asbestos dust levels at any location or job site where ASBESTOS-CONTAINING PRODUCTS were installed, utilized or removed? If so, for the first 5 10 tests and/or studies, state: A. 11 conducted, The location, including name and address, at which each such test and/or study was 12 B. The individual(s) or entity conducting each such test and/or study; C. The date of each such test and/or study; 13 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study; 14 E. The IDENTITY of the custodian of such DOCUMENTS. 15 RESPONSE TO INTERROGATORY NO. 22: 16 No. - 17 INTERROGATORY NO. 23: 18 Did THIS DEFENDANT (except for a defendant that is an educational institution) have any 19 laboratory or other similar type of facility anywhere in the United States at which it conducted, or caused to be conducted, any tests and/or studies of ASBESTOS-CONTAINING PRODUCTS or RAW ASBESTOS 20 relating to the health consequences of asbestos or the dust generated by any use of asbestos or ASBESTOS- CONTAINING PRODUCTS. If so, state: 21 A. The location, including name and address, at which each such test and/or study was conducted. 22 B. The individual(s) or entity conducting each such test and/or study; C. The date of each such test and/or study; 23 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results and/or conclusions of each such test and/or study; 24 E. The IDENTITY of the custodian of such DOCUMENTS. 25 RESPONSE TO INTERROGATORY NO. 23: 26 No. 27 Ill 28 TXECB/1204605-1 -12- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 INTERROGATORY NO. 24: 2 Has THIS DEFENDANT made available to its employees a medical examination program to determine the absence or presence of asbestos-related disease? If so, state: 3 A. Whether chest x-rays or pulmonary function tests were part of such program(s); 4 B. Whether participation in any such program was a mandatory condition of employment or was voluntary; 5 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); D. The IDENTITY of the custodian of such DOCUMENTS. 6 RESPONSE TO INTERROGATORY NO. 24: 7 No. 8 . INTERROGATORY NO. 25: 9 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related injury against 10 THIS DEFENDANT or against any Workers' Compensation insurance carrier which provided coverage for 11 THIS DEFENDANT? If so, state the total number of such claims and, for the first 20 such claims state: A. The date of such claim. 12 B. The name of the claimant; C. The case number; 13 D. The court in which the claim was filed; E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENTS evidencing such 14 claims. 15 RESPONSE TO INTERROGATORY NO. 25: 16 No. 17 Interrogatory No. 26: 18 Does THIS DEFENDANT have insurance available to cover judgment(s) entered against it in 19 asbestos-related personal injuiy lawsuits? If so, state: A. The name and principal place of business of any insurance carrier who has issued such 20 policy of insurance; B. The number ad effective date of each policy; 21 C. The amount(s) of coverage of each policy; D. The applicable dates of coverage 22 RESPONSE TO INTERROGATORY NO. 26: 23 24 Yes. Royal Insurance Company (now administered under The Insurance Companies of 25 Arrowpoint Capital) issued insurance policies to GRAYBAR from December 1964 through January 1985, 26 which cover asbestos related claims. AIG and CNA insurance companies also participate in the defense 27 of asbestos related claims. Responding party reserves the right to supplement this response. 28 TXECB/1204605-1 -13- defendant GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 Years of Coverage 2 12/31/64-12/31/65 3 12/31/65-12/31/68 4 12/31/68-12/31/71 12/31/71-12/31/72 5 12/31/72-12/31/73 12/31/73-12/31/74 6 12/31/74-12/31/75 12/31/75-12/31/76 7 12/31/76-12/31/77 8 01/01/78 - 01/01/79 01/01/79-01/01/80 9 01/01/80-01/01/81 01/01/81-01/01/82 10 01/01/82-01/01/83 01/01/83-01/01/84 11 01/01/84-01/01/85 Carrier/Policy Number RLG 098720 RLG 105640 PTG 606428 PTG 606421 PTG 606422 PTG 606423 PTG 606424 PTG 606425 PTG 606426 PTG 313041 PTG 313042 PTG 313043 PTG 313044 PLU 608890 PLU B77700 PLU B77700 Policy Limits (Occurrence/Annual Products Liability Aggregate) $200,000/5500,000 $200,000/$500,000 $200,000/5500,000 $200,000/5500,000 $200,000/5500,000 $200,000/5500,000 $200,000/5500,000 $200,000/5500,000 $200,000/5500,000 $200,000/5500,000 $200,000/$500,000 CSL $200,000/$5 00,000 CSL $200,000/$5 00,000 CSL $200,000/5500,000 CSL $200,000/5500,000 CSL $200,000/5500,000 CSL 12 13 Interrogatory No. 27: 14 State whether YOU have controlled, purchased, or in any way acquired any controlling interest in any corporation or business entity which has mined, manufactured, produced, processed, compounded, sold, 15 supplied, distributed and/or otherwise placed RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. If so, state: 16 A, The name and address of said corporation or business entity; B, The dates YOU controlled, purchased or acquired any interest; and 17 C, The nature of the business as it pertains to asbestos. 18 RESPONSE TO INTERROGATORY NO. 27: 19 No. GRAYBAR has not purchased the controlling interest in any corporation or other entity that 20 mined, manufactured, produced, processed, compounded, sold, supplied, distributed and otherwise placed 21 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. 22 Interrogatory No. 28: 23 State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in the following 24 activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of such activity: A. Mining; 25 B. Milling; C. Supply; 26 D. Importing; 27 E. Processing; F. Distribution: 28 G. Marketing; TXECB/1204605-1 -14- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 H. Sale; I. Brokering; 2 RESPONSE TO INTERROGATORY NO. 28: 3 4 No. 5 Interrogatory No. 29: 6 If YOUR, answer to any of subparts of Interrogator 28 regarding RAW ASBESTOS is in the affirmative, state: 7 A. The trade, brand name, and/or generic name of such RAW ASBESTOS milled or MARKETED in any form or quantity between 1930 and 1985: 8 B. the date(s) such RAW ASBESTOS was first placed on the market, including the date(s) such RAW ASBESTOS was first marketed; 9 1. On an experimental basis; 2. On a test basis; 10 3. For sale. C. The date(s) such Raw Asbestos: 11 1. Ceased to be produced; or 12 2. Was recalled from the market, if ever. D. A description of the chemical composition of such RAW ASBESTOS, including the type 13 and/or grade of asbestos; E. A description of the physical appearance and nature of such RAW ASBESTOS, including 14 any color coding, distinctive marking and/or logo on the packaging or container; F. A detailed description of the intended use of such RAW ASBESTOS, including any 15 temperature limits for each such use; G. Whether such RAW ASBESTOS was on the U.S. Government's "Qualified Products List," 16 and if so, the inclusive dates it was on such list; H. 17 state: IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. As to each such, 18 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS has, at any time, been sold, shipped, or otherwise distributed, used on installed to or at any COMPANY (including power company or 19 utility), governmental agency or entity, shipyard, distributor, refinery, contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA and whether any of THIS 20 DEFENDANTS RAW ASBESTOS has at any time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS-CONTAINING PRODUCTS. If so, state: 21 1. The names of each such Company, governmental agency or entity, shipyard, distributor, supplier, manufacturer or refinery; 22 2. The inclusive dates of each such sale, and the amount (quantity) and the trade brand name of such RAW ASBESTOS sold; 23 3. The manner of shipment (e.g. boat, rail, etc.) 4. Whether you have any records indicating any such sale or shipment and, if so, the name, 24 address and job classification of each person who currently has possession of such records. 25 5. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) 26 describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. 27 /// 28 txecb/1204 605-1 -15- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 RESPONSE TO INTERROGATORY NO. 29: 2 Not applicable. 3 Interrogatory No. 30: Between 1930 and 1985, did YOU ever engage in any of the activities listed below with regard to 4 ASBESTOS-CONTAINING PRODUCTS? If so, state the inclusive dates of such activity: 5 A. Supply; B. Importing; 6 C. Distribution; D. Marketing; . . 7 E. Sale; F. Labeling; 8 G. Manufacturing; H. Brokering. 9 RESPONSE TO INTERROGATORY NO. 30: 10 Yes. GRAYBAR distributed asbestos-containing products manufactured by others, beginning in 11 12 1926. 13 Interrogatory No. 31: 14 If YOUR answer to any of subparts of Interrogatory 30 regarding "ASBESTOS-CONTAINING PRODUCTS" is in the affirmative, state: 15 A. The trade, brand name, and/or generic name of such ASBESTOS-CONTAINING PRODUCT MARKETED in any form or quantity between 1930 and 1985: 16 B. The date(s) each such ASBESTOS-CONTAINING PRODUCT was first placed on the market, including the date(s) each such ASBESTOS-CONTAINING PRODUCT was first MARKETED; 17 1. On an experimental basis; 18 2. On a test basis; 3. For sale. 19 C. The date(s) each such ASBESTOS-CONTAINING PRODUCT: 1. Ceased to be produced; or 20 2. Was recalled from the market, if ever. D. A description of the chemical composition of each such ASBESTOS-CONTAINING 21 PRODUCT, including the type and/or grade of asbestos and or asbestos fiber contained in each such product and the quantitative percentage of asbestos or asbestos fiber in each such product, and all non-asbestos 22 components of the ASBESTOS-CONTAINING PRODUCT, and if the chemical composition changed over time, the inclusive dates of each formulation; 23 E. A description of the physical appearance and nature of each such ASBESTOS- CONTAINING PRODUCT, including any color coding, distinctive marking and/or logo, either on the 24 product or on the packaging; 25 F. A detailed description of the intended use of each such ASBESTOS-CONTAINING PRODUCT, including any temperature limits for each such use; 26 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the U.S. Government's "Qualified Products List," and if so, the inclusive dates it was on such list; 27 H. The name and address of the supplier of the RAW ASBESTOS used in each such product and the time period of such supply; 28 TXECB/1204605-l -16- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS have, at any time, been sold, shipped, or otherwise distributed, to any COMPANY (including 2 power company or utility), governmental agency or entity, shipyard, distributor, refinery, contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the GEOGRAPHIC AREA. 3 If so state: 1. The names of each such COMPANY, governmental agency or entity, shipyard, 4 distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or occupant, ship owner, 5 PREMISE or site; 2. The inclusive dates of each such sale, shipment, distribution, use or installation and 6 the amount (volume) and the trade or brand name of each such ASBESTOS-CONTAINING PRODUCT sold; . 7 3. Whether you have any records indicating any such sale, shipment, distribution, use or installation and, if so, the name, address and job classification of each person who currently has 8 possession of such records. 4. Whether you have any records indicating any such sale or shipment and, if so, the 9 name, address and job classification of each person who currently has possession of such records. J. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory 10 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) 11 describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. 12 RESPONSE TO INTERROGATORY NO. 31: 13 A -1. GRAYBAR is a distributor. It no longer has sufficient information upon which to fully 14 answer this interrogatory. GRAYBAR locations keep sales invoices for six years and the 15 current year pursuant to its retention policy. Records reflecting information for the years 16 1930 through 1985 have been discarded. As GRAYBAR is only a distributor, it does not 17 18 know what form of asbestos may have been contained in any particular product or the name 19 and address of the supplier of any raw asbestos that may have been used in each product. 20 F. GRAYBAR believes that within the applicable time period it distributed asbestos-containing 21 products manufactured by others. Those products are identified in GRAYBAR catalogs 22 identified as follows. These archival, fragile, one of a kind catalogs are available for review 23 at GRAYBAR's corporate offices at 34 North Meramec Avenue, Clayton, Missouri upon 24 reasonable notice by contacting GRAYBAR's Custodian of Records through its attomey-of- 25 . record, Archer Norris. 26 27 28 TXECB/1203605-1 Catalog Number 100 101 Year of Issue 1926 1934 -17- Number of Pages 1085 735 defendant GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 102 1941 103 1948 2 104 1952 3 105 1958 106 1967 4 61 1961 62 1962 5 63 1963 25 1965 6 26 1966 27 1967 7 28 1969 8 29 - 1970 30 1971 9 31 1972 32 1973 10 33 1974 34 1975 11 35 1977 36 1979 12 37 1982 13 14 Interrogatory No. 32 (PREMISES DEFENDANTS only) 1072 1116 1352 1628 1116 214 232 236 270 242 238 256 248 248 248 238 254 240 276 326 295 15 Did YOU install, remove, or handle or contract to have others install, remove, or handle RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any PREMISES in the GEOGRAPHIC AREA 16 which PREMISES is at issue as to YOU in San Francisco Superior Court asbestos litigation a of the date of your answers to these interrogatories? If so: 17 A. IDENTIFY the PREMISES B. For each of the PREMISES: 18 1. State the nature of your ownership or possessory interest; 19 2. State the inclusive date of that interest; 3. IDENTIFY the party from whom that interest was acquired. 20 4. IDENTIFY the party, if any, to whom that interest was transferred. C. IDENTIFY every contract to which YOU were a party or of which you have knowledge 21 wherein the performance of such contract involved the installation, removal, disturbing or handling of any RAW ASBESTOS OR asbestos-CONTAINING PRODUCTS at YOUR PREMISES. For each such 22 contract: 1. IDENTIFY the parties to the contract 23 2. Provide a general description and specific location of the work to be performed by each party to the contract; 24 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or ASBESTOS- CONTAINING PRODUCTS installed, removed, disturbed or handled in the performance of the contract; 25 4. State the dates of the contract and the dates of performance; 26 D. Except as provided in response to subpart (c), has any work other than routine maintenance been done on or to the PREMISES that involved the installation, removal, disturbing or handling of RAW 27 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If so, for each such instance: 1. State the inclusive dates of the work; 28 2. TXECB/1204605-1 Provide a general description and specific location of the work; -18- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 3. State whether the work was done by YOU and/or YOUR employees; 4. IDENTIFY and describe the NATURE of the RAW ASBESTOS or ASBESTOS- 2 CONTAINING PRODUCTS installed, removed, handled or disturbed; 5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS-CONTAINING 3 PRODUCTS were acquired. E. Has any asbestos abatement effort been made at the PREMISES? If so, for each such effort: 4 1. IDENTIFY who did the work; 5 2. State the inclusive dates thereof; 3. State whether samples were taken, and, if the samples still exist, IDENTIFY the 6 custodian of the samples; 4. State whether any material was tested, and, if so, what were the results of each test; 7 5. IDENTIFY each test result with sufficient particularity for purposes of a request for production of documents, or, in the alternative, attach a copy to YOUR answers to these interrogatories. 8 F. Except for insurance coverage litigation, have you filed suit against, or otherwise sought to recover from, any person or entity for some or all of the cost of asbestos abatement or for the property 9 damage allegedly caused by the presence of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS on the PREMISES identified in response to subpart (A) above? If so: 10 1. IDENTIFY the person or entity against whom YOU have filed suit or otherwise 11 sought to recover; 2. If YOU have filed suit, state the court in which the action was filed, the date on 12 which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of record; 3. State whether or not the case has been resolved, and if so, what was the status or 13 disposition, G. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory 14 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they maybe made the subject or a request for 15 production of documents. H. IDENTIFY the person(s) presently most knowledgeable about the information south in this 16 interrogatory or its subparts. 17 RESPONSE TO INTERROGATORY NO. 32: 18 Not applicable. 19 Interrogatory No. 33 (CONTRACTOR DEFENDANTS only) 20 At any time between 1930 and 1985, did YOU hold a contractor's license in the State of California? 21 If so: A. IDENTIFY each license by type, date and number, 22 B. If on the date of your answers YOU are a defendant in four or more asbestos actions in Sa Francisco superior Court, IDENTIFY each job or contract that YOU performed (directly or through one or 23 more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 square feet or more in the GEOGRAPHIC AREA which job or 24 contract involved installation, removal, disturbing or handling RAW ASBESTOS or ASBESTOS-containing 25 products. (Alternatively, at your option, you may IDENTIFY each job or contract YOU performed (directly or through one or more subcontractors) during this time frame for all work, or for all work on PREMISES of 26 50,000 square feet or more, in the GEOGRAPHIC AREA.) as to each such job or contract: 1. IDENTIFY the location (including name of ship, if applicable) where the job or 27 work was performed. 2, State the date of the contract or the inclusive dates ofthe work; 28 TXECB/120460S-1 -19- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 3. IDENTIFY the person or entity with whom you contracted; 4. State your job or contract number. 2 C, If on the date of your answers you are not a defendant in four or more asbestos actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU performed (directly or through one 3 or more subcontractors) during this time period for work in any PREMISES which is at issue as to YOU on such date. As to each such job or contract: 4 1. IDENTIFY the location (including name of ship, if applicable) where the job or 5 work was performed; 2. State the date of the contract or the inclusive dates of the work; 6 3. IDENTIFY the person or entity with whom you contracted; 4. State yourjob or contract number. 7 RESPONSE TO INTERROGATORY NO. 33 8 Not applicable. 9 Interrogatory No. 34: 10 11 Did any of the distributors identified in your Answer to Interrogatory Nos. 29 and 31 above have an exclusive distributorship? If so, state the relevant time period. 12 RESPONSE TO INTERROGATORY NO. 34: 13 Not applicable. 14 Interrogatory No. 35: 15 If THIS DEFENDANT entered into any agreements for the rebranding of any ASBESTOS16 CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by another person or entity, describe each agreement's terms and the parties to said agreement, the duration of the agreement, and the 17 name ofeach produces) and/or material(s) covered by each such agreement, 18 RESPONSE TO INTERROGATORY NO. 35: 19 Responding party has made a reasonable and good faith effort to obtain the information by inquiry to 20 other natural persons or organizations, except where the information is equally available to propounding 21 parties and responds that to the best of its knowledge, GRAYBAR did not enter into any rebranding 22 agreements. 23 Interrogatory No. 36: 24 25 If THIS DEFENDANT entered into any agreements for the rebranding of ASBESTOSCONTAINING PRODUCTS manufactured, sold, supplied or distributed by another person or entity for 26 resale or distribution by YOU, describe each of the agreements and the parties to said agreement, the terms, the duration, and the names of each produces) and/or material(s) covered by each such agreement. 27 /// 28 TXECB/1204605-1 -20- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 RESPONSE TO INTERROGATORY NO. 36: 2 Not applicable. 3 Interrogatory NO. 37: 4 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING PRODUCT listed in YOUR 5 responses to Interrogatories No. 29 and 31 did DEFENDANT warn of the health hazards of asbestos? If so, state for each such warning: 6 A. The content, size, color, and location; whether the warning appeared on the material and/or on the container, and/or was placed on a tag; whether the warning was included in contracts; whether the 7 warning was included in advertising or other promotional materials. B. State whether you have any photographs thereof; 8 C. The inclusive dates on which you used each such warning; D. State all changes you made in such warnings ad the dates of such changes; and 9 E. Identify the person most knowledgeable about your warnings and warning policy. 10 RESPONSE TO INTERROGATORY NO. 37: 11 No. GRAYBAR is only a distributor and not a manufacturer. GRAYBAR did not change the 12 manufacturer's packaging. If any warnings were on the packaging, the manufacturer(s) would have placed 13 the wording on packaging. 14 Interrogatory No, 38: 15 With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state whether THIS 16 DEFENDANT'S name, a trademark, logos, color coding, or other identifying markings ever appeared on the actual product itself, if so, IDENTIFY each such product, state when the practice to place such identifying 17 markings upon the product was begun and when it ended, if applicable, and describe in detail the pertinent 18 marking(s) and the purpose, if any, of such markings. 19 RESPONSE TO INTERROGATORY NO. 38: 20 Responding party has made a reasonable and good faith effort to obtain the information by inquiry to 21 other natural persons or organizations, except where the information is equally available to propounding 22 parties. It is possible that reels on which wire was shipped may have contained GRAYBAR's name for 23 shipping and identification purposes. There is no information available to confirm this method and practice 24 of identification for the time period 1930 through 1985. 25 Interrogatory No. 39: 26 Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise acquire any 27 ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, state for each such purchase: 28 TXECB/1204605-1 -21- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 A. Date of purchase or acquisition; B. Terms of purchase or acquisition agreement; 2 C. Either (1) attach all DOCUMENTS evidencing said acquisition or (2) attach disks containing such data, or (3) describe such documents with sufficient particularity that they may be made the 3 subject of a request for production of documents. 4 D. Trade, brand, and/or generic name of each such product line so acquired; E. Name of the person or entity from whom YOU purchased or acquired each such 5 ASBESTOS-CONTAINING PRODUCT line; and F. Location of any manufacturing facilities so acquired, and the type of ASBESTOS- 6 CONTAINING PRODUCTS manufactured therein. 7 RESPONSE TO INTERROGATORY NO. 39: 8 As a distributor, GRAYBAR, purchased asbestos-containing products from various manufacturers 9 for retail distribution. Whether or not this type of purchase is considered acquiring "any ASBESTOS- 10 CONTAINING PRODUCT lines" is not clearly evident. The manufacturers of said products may be listed in 11 product catalogs previously identified in Response No. 31. 12 Interrogatory No. 40: 13 Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOS-CONTAINING 14 PRODUCT line to another person or entity? If so, state for each such sale: A. Date of sale; 15 B. Terms of sales agreement; C. Either (1) attach all DOCUMENTS evidencing said sale, or (2) attach disks containing such 16 data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for production of documents. 17 D. Trade, brand, and/or generic name of each such product line sold; 18 E. Name of person or entity to whom you sold each such ASBESTOS-CONTAINING PRODUCTS line; and 19 F. Location of any manufacturing facilities so sold, and the type of ASBESTOSCONTAINING PRODUCTS manufactured therein. 20 RESPONSE TO INTERROGATORY NO. 40: 21 Responding party incorporates by references its response to Interrogatory No. 39. 22 INTERROGATORY NO. 41: 23 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to ASBESTOS24 CONTAINING PRODUCTS and/or RAW ASBESTOS which THIS DEFENDANT manufactured, sold, 25 distributed or supplied from the year 1930 to 1985. For each such document, state: A. A description of the document; 26 B. the year it was printed; C. The period of time in which it was used; 27 D. The purpose of such documents; E. Whether the documents or copies of said documents presently exist; 28 TXECB/1204605 - 1 -22- DEFENDANT GRAYBAR ELECTRIC COMPANY, INCUS AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 F. If said documents or copies still exist, where they are located; and G. The IDENTITY of the custodian of such documents. 2 RESPONSE TO INTERROGATORY NO. 41: 3 4 Responding party incorporates by reference its response to Interrogatory No. 31, F. 5 Interrogatory No. 42: 6 State if YOU have or had within YOUR corporate or other business structure any CONTRACT UNITS. 7 RESPONSE TO INTERROGATORY NO. 42: 8 No. 9 Interrogatory No. 43: 10 State whether or not any of YOUR CONTRACT UNITS installed and/or removed RAW 11 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC AREA at any time 12 between 1930 and 1985. If so: A. State the business addresses and name of the CONTRACT UNIT; 13 B. State the inclusive periods of time the CONTRACT UNITS were working in the GEOGRAPHIC AREA; 14 C. State the name and address of each job site within the GEOGRAPHIC AREA and the dates the CONTRACT UNIT worked at those job sites, and, IDENTIFY the RAW ASBESTOS and/or 15 ASBESTOS-CONTAINING PRODUCTS installed or removed on each occasion; D. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatoiy 16 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for 17 production of documents. 18 RESPONSE TO INTERROGATORY NO. 43: 19 Not applicable. 20 Inteirogatory No. 44: 21 When do YOU contend that THIS DEFENDANT first became aware that there is an association 22 between asbestos exposure and disease in human beings? 23 RESPONSE TO INTERROGATORY NO. 44: 24 Responding party has made a reasonable and good faith effort to obtain the information requested by 25 inquiry to other natural persons or organizations, except where the information is equally available to 26 propounding parties and responds: GRAYBAR believes that it first became aware of the alleged association 27 between asbestos exposure and disease in human beings at the same time the general public became aware of 28 TXECB/120460S-1 -23- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 any such association sometime during the 1980's or beginning in 1985 when Graybar was first named in 2 civil litigation involving alleged asbestos-related exposure from alleged use of products manufactured by 3 others and distributed by Graybar. 4 Interrogatory No. 45: 5 How do YOU contend that THIS DEFENDANT first became aware that there is an association 6 between asbestos exposure and disease in human beings. 7 RESPONSE TO INTERROGATORY NO. 45: 8 Responding party has made a reasonable and good faith effort to obtain the information requested by 9 inquiry to other natural persons or organizations, except where the information is equally available to 10 propounding parties and responds: GRAYBAR believes that it first became aware of the alleged association 11 between asbestos exposure and disease in human beings from articles or communications made available to 12 the general public sometime during the 1980's or beginning in 1985 when Graybar was first named in civil 13 litigation involving alleged asbestos-related exposure from alleged use of products manufactured by 14 others and distributed by Graybar, 15 Interrogatory No. 46: 16 Either (1) attach all DOCUMENTS evidencing the information upon which YOUR contentions in 17 YOUR answers to Interrogatories No. 44 and No. 45 are based, or (2) attach disks containing such data, or 18 (3) describe such documents with sufficient particularity that they may be made the subject of a request for production of documents. 19 RESPONSE TO INTERROGATORY NO. 46: 20 GRAYBAR has no such documents. 21 Interrogatory No. 47: 22 When did THIS DEFENDANT first warn its employees that exposure to asbestos could be 23 hazardous to human health? State: A. Whether the first such warning was written or oral; 24 B. Whether copies of DOCUMENTS containing such warning exist; 25 C. The IDENTITY of the custodian of such DOCUMENTS; D. The content of the warning. 26 RESPONSE TO INTERROGATORY NO. 47: 27 Responding party has made a reasonable and good faith effort to obtain the information requested by 28 TXECB/1204605-1 -24- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 inquiry to other natural persons or organizations, except where the information is equally available to 2 propounding parties and responds: to its knowledge, GRAYBAR did not warn its employees as to the 3 hazards of asbestos exposure. 4 Interrogatory No. 48: 5 Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing warning its 6 employees that exposure to asbestos could be hazardous to human health? If so, A. Provide the date; 7 B. Describe the circumstances; and C. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory 8 and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they may be made the subject of a request for 9 production of documents. 10 RESPONSE TO INTERROGATORY NO. 48: 11 No. 12 Interrogatory No. 49: 13 Did THIS DEFENDANT provide any Independent Contractor or Subcontractor within the 14 GEOGRAPHIC AREA with a written warning that exposure to asbestos could be hazardous to human health. 15 RESPONSE TO INTERROGATORY NO. 49: 16 Responding party has made a reasonable and good faith effort to obtain the information requested by 17 18 inquiry to other natural persons or organizations, except where the information is equally available to 19 propounding parties and responds: GRAYBAR would have passed on any warnings issued with the product 20 by the manufacturer. GRAYBAR, however, would not have issued any writings of its own. 21 Interrogatoiy No. 50: 22 Has THIS DEFENDANT been cited for or otherwise charged by a public agency with a violation in the GEOGRAPHIC AREA of any statute, ordinance, safety order, regulation, or law pertaining to asbestos 23 exposure? For each occasion, IDENTIFY: A. The code section, safety order, statute, or regulation for which THIS DEFENDANT had 24 been cited or otherwise charged; 25 B. The date(s) thereof. C. The agency or other governmental unit which issued the citation or otherwise charged YOU. 26 D. All persons known to YOU with information relevant to the incident. E. What was the ultimate resolution. 27 /// 28 TXECB/120460S-1 -25- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 RESPONSE TO INTERROGATORY NO. 50: 2 No. 3 Interrogatory No. 51: 4 If this DEFENDANT has ever owned or operated a railroad, state: 5 A. The IDENTITY of each such railroad, including the name(s) of such railroad during the time period of YOUR ownership and/or operation, the principal place of business of such railroad and the 6 dates of YOUR ownership and/or operation; B. The geographic area of operation of such railroad; 7 C. The name(s) of such railroad prior to YOUR ownership and/or operation; D. The IDENTITY of the person or entity from whom YOU purchased your ownership or 8 operating interest, and the date of such purchase; E. The IDENTITY of the person or entity to whom YOU sold your ownership or operating 9 interest, and the date of such sale. F. Whether copies ofDOCUMENTS evidencing your ownership/operation and/or sale exist; 10 G. The IDENTITY of the custodian of such DOCUMENTS; 11 H. To the extent that information has not been given in answers to Interrogatory Nos. 32 and 33, the information requested in Interrogatory Nos. 32 and 33, for each railroad owned or operated by YOU. 12 RESPONSE TO INTERROGATORY NO. 51: 13 No. 14 Interrogatory No. 52: 15 IfDEFENDANT has ever owned or operated a shipyard, state: 16 A. The IDENTITY of each such shipyard, including the name(s) of such shipyard during the time period of YOUR ownership and/or operation, the place of business of such shipyard and the dates of 17 YOUR ownership and/or operation; 18 B. the name(s) of such shipyard prior to YOUR ownership and/or operation; C. The IDENTITY of the person or entity to whom YOU sold your ownership or operating 19 interest, and the date of such sale; D. Whether copies of DOCUMENTS evidencing your ownership/operation and/or sale exist; 20 E. Whether any representative of THIS DEFENDANT attended the Maritime Commission Conference in December 1942 in Chicago, Illinois? If so, IDENTIFY any such representative of THIS 21 DEFENDANT; F. The IDENTITY of the Custodian of such DOCUMENTS; 22 G. To the extent that information has not been given in answers to Interrogatory No. 32, the information requested in Interrogatory No. 32, for each shipyard owned or operated by YOU. 23 RESPONSE TO INTERROGATORY NO. 52: 24 25 Not applicable. GRAYBAR has never owned or operated a shipyard. 26 Interrogatory No. 53: 27 At any time between 1930 and 1985, did you import, export, ship, transship or otherwise transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of or through any port in the 28 TXECB/1204605-1 -26- DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 1 GEOGRAPHIC AREA? If so, for each occasion: A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS and/or 2 ASBESTOS-CONTAINING PRODUCTS; B. IDENTIFY the ship or ships (including the owners and operators thereof) onto or from 3 which the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS were loaded, unloaded or 4 transshipped; C. State the dates, port and pier involved for each occasion; 5 D. Either (1) attach all DOCUMENTS evidencing the information sought in this Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks containing such data, or (3) 6 describe such DOCUMENTS with sufficient particularity that they may be made subject of a request for production of documents. 7 RESPONSE TO INTERROGATORY NO. 53: 8 No. 9 DATED: August 10 , 2011 ARCHER NORRIS 11 12 Eugene C. Blackard, Jr. 13 Cesar A. Alvarado Attorneys for Defendant 14 GRAYBAR ELECTRIC COMPANY, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TXECB/1204605-1 -27- defendant GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 In He: Complex Asbestos Litigation San Francisco Superior Court Action No. 828684 ; t i I have read the foregoing DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD i INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129 and know its contents. 1 I am a party tothis action. The matters stated in it are true oftnv own knowledge: except as to those matters which are stated on information and belief, and as to those matters 1 5 believe them to be true, 1C i am Corporate Counsel II ofGraybar Electric Company, Inc., a party' to this action, and am authorized to make this verification for and on its behalf, and 1 make this verification 11 for that reason. 1 have read the foregoing documents}. I am informed and believe and on that ground allege that the matters stated in it are true. 12 __ I am one of the attorneys of record for Defendant, a party to this action. Such party is 13 | I absent from the county in which I have my office, and 1 make this verification for and on behalf of that party for that reason. I have read the foregoing doeument(s). 1 am 14 informed and believe and on that ground allege that the matters stated in it are true. IS Executed at St. Louis, Missouri on this /ffi^day of ,201 16 I declare under penalty of perjury' under the laws of the State of California that the 17 foregoing is true and correct. 18 19 20 21 22 23 24 25 26 27 28 rxBcs/iaoasos- -28- QBFEMJ.ANTGRAYBAR ELECTRIC COMPANY, INC'S AMENDEDtSUPPLEMENTAL RESPONSES TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER XT). 119 1 PROOF OF SERVICE 2 Name of Action: In Re Complex Asbestos Litigation Court and Action No: San Francisco Superior Court Case No. 828684 3 I, the undersigned, declare that I am over the age of eighteen years and not a party to this 4 action or proceeding. My business address is 2033 North Main Street, Suite 800, Walnut Creek, California 94596-3759. On this date, I caused the following document(s) to be served: 5 DEFENDANT GRAYBAR ELECTRIC COMPANY, INC.'S 6 AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER 7 NO. 129 8 by placing a true copy of the document(s) listed above, enclosed in a sealed envelope, addressed as set forth below, for collection and mailing on the date and at the business 9 address shown above following our ordinary business practices. I am readily familiar 10 with this business' practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that a sealed envelope is 11 placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service with postage fully prepaid. 12 by having a true copy of the document(s) listed above transmitted by facsimile to the 13 person(s) at the facsimile numbers) set forth below before 5:00 p.m. The transmission 14 was reported as complete without error by a report issued by the transmitting facsimile machine. 15 by having personally delivered a true copy of the document(s) listed above, enclosed in 16 a sealed envelope, to the person(s) and at the address(es) set forth below. 17 by having personal delivery byof a true copy of the document(s) listed above, enclosed in a sealed envelope, to the person(s) and at the address(es) set 18 forth below. 19 by placing a true copy of the document(s) listed above, in a box or other facility 20 regularly maintained by, an express service carrier, or delivered to a courier or driver authorized by the express service carrier to receive documents, in an 21 envelope designated by the express service carrier, with delivery fees paid or provided for, addressed as set forth below. 22 23 I electronically served the above referenced documents) through E-Service. E-service in this action was completed on all parties listed on the service list with E-Service. 24 This service complies with the court's order in this case. 25 I declare under penalty of perjury that the foregoing is true and correct. Executed on 26 August' . 2011, at Walnut Creek, California. 27 28 TXECB/1204605-1 -2 9- Rakia V. Grant-Smith DEFENDANT GRAYBAR ELECTRIC COMPANY. INC'S AMENDED/SUPPLEMENTAL RESPONSES TO PLAINTIFF'S STANDARD INTERROGATORIES TO ALL DEFENDANTS PURSUANT TO GENERAL ORDER NO. 129