Document k95Ro3yEVDGz95XRLqX2EyweJ

FILE NAME Kubota KUB DATE 2010 DOC KUB036 DOCUMENT DESCRIPTION Legal - Defendant Kubota's Responses to Plaintiffs Request for Production Set One Thomas C. Corless State Bar No. 100614 Aide C. Ontiveros State Bar No. 169629 WILSON ELSER MOSKOWITZ EDELMAN & DICKER LLP 555 S. Flower Street Suite 2900 Los Angeles California 90071 Telephone 213 443-5100 Facsimile 213 443-5101 Attorneys for Defendant KUBOTA CORPORATION MAR 17 2010 L __| By SUPERIOR COURT FOR THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT 10 RHODA EVANS and BOBBY EVANS Senet! Unlimited Civil Case 11 Samay! Plaintiffs gp Case No BC 418867 12 Saget! Judge Conrad R. Aragon Dept. 49 St 13 et DEFENDANT KUBOTA snag CORPORATION'S RESPONSES TO 14 A.W. CHESTERTON COMPANY et al Seema! PLAINTIFFS REQUEST FOR meget PRODUCTION SET ONE 15 Defendants Sener! Seeger 16 Newer, Action Filed July 29 2009 17 PROPOUNDING PARTY : Plaintiffs RHODA EVANS and BOBBY EVANS 18 RESPONDING PARTY : Defendant KUBOTA CORPORATION 19 SET NO 20 : ONE 1 21 Defendant KUBOTA CORPORATION KUBOTA or Defendant hereby provides 22 the following responses to Plaintiffs Request for Production of Documents Set No. One 1 as 23 follows 24 GENERAL OBJECTIONS 25 Responding Party Defendant KUBOTA CORPORATION contends that many of these 26 requests for production are objectionable as overly broad unduly burdensome oppressive not 27 reasonably calculated to lead to the discovery of admissible evidence vague ambiguous and 28 unintelligible as applied to KUBOTA and inconsistent with the requirements of the California DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET Code of Civil Procedure Accordingly KUBOTA has responded to the discovery as understood Further in attempting to respond KUBOTA is hampered by the passage of time Thus documents witnesses and evidence that may have helped KUBOTA to more completely respond to this discovery and defend itself in this litigation may no longer be in existence or available These responses are made solely for the purpose of litigation in Los Angeles County State of California To the extent applicable and expressly incorporated below the following objections are incorporated in the response to each request for production of documents a KUBOTA objects generally to the requests for production to the extent they 10 request information that is not within KUBOTA's possession custody or control However 11 KUBOTA has conducted a good faith investigation and reasonable search for information with 12 which to respond to these categories and requests 13 b KUBOTA objects on the grounds that each of the requests is overly broad 14 irrelevant and not reasonably calculated to the discovery of admissible evidence to the extent that 15 each demand requests documents after December 31 1975 and information related to 16 products other than asbestos pressure pipe These responses are made on behalf of 17 KUBOTA only with regard to business records of KUBOTA relating to asbestos 18 pressure pipe created before December 31 1975 19 20 c KUBOTA objects generally to these requests for production of documents to the 21 extent they ask for information directed towards products topics and issues beyond the 22 KUBOTA products about which plaintiffs make allegations on the grounds that such requests 23 are overly broad unduly burdensome and request information that is not relevant to the subject 24 matter of this litigation and not reasonably calculated to lead to the discovery of admissible evidence 25 26 d KUBOTA objects generally to all requests for production of documents to the 27 28 2 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET extent they call for privileged information or documents including without limitation documents protected by the attorney privilege or the attorney product doctrine All references to privileged information in these responses will include without limitation the attorney privilege the product doctrine all of the privileges set forth in California Evidence Code 900-1060 California Evidence Code 1152 1152.5 1154 California Code of Civil Procedure 2018 and all applicable common law In responding to this discovery KUBOTA has furnished information that is now available which may include hearsay and other forms of information that are neither reliable nor admissible as evidence In conducting its business KUBOTA has created documents that may 10 have been kept in numerous different locations and may have been moved from site to site 11 As required by law these responses reflect all responsive information identified by KUBOTA 12 pursuant to a diligent search and reasonable inquiry To the extent that any discovery requires 13 more KUBOTA objects because the discovery requests KUBOTA to conduct a search beyond 14 the scope of permissible discovery contemplated by law and compliance with such requests 15 would impose an undue burden on KUBOTA 16 KUBOTA interprets these requests for production of documents as requesting 17 information that is not protected by the attorney privilege and the attorney product 18 doctrine KUBOTA provides the information in these responses solely for the purpose of the 19 present litigation KUBOTA expressly reserves all objections to the attempted use of this 20 information beyond the present forum complex asbestos litigation in Los Angeles County 21 KUBOTA's investigation and discovery are ongoing KUBOTA reserves the right to 22 object to future discovery on the same or related matters and does not waive any objection by 23 providing the information reflected in these responses KUBOTA further reserves the right to 24 object to the admissibility of any of these responses in whole or in part at trial in any action on 25 any grounds including but not limited to materiality relevance and privilege 26 27 All general objections are incorporated by this reference since each and every specific 28 response below is as though fully set forth herein 3 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET Subject to the foregoing General Objections that are included without being individually repeated in each of the following responses KUBOTA responds as follows RESPONSE TO REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO 1 DOCUMENT RELATING to the announcement by YOU on approximately June 29 2005 regarding the occurrence of many occupational victims of asbestos as well as the victims of asbestos dust from environmental exposure around the Kanzaki plan RESPONSE TO REQUEST FOR PRODUCTION NO 1 10 11 KUBOTA objects to this request as it invades the right to privacy of third parties and 12 their families is overly broad in scope unduly burdensome oppressive harassing irrelevant and 13 not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA 14 business documents created after December 31 1975 and as to information related to other 15 containing products besides asbestos pressure pipe The requested documents 16 are also protected by a confidentiality provision Compromise agreements and statements of 17 sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be 18 ordered to produce such documentation said order will force KUBOTA to breach its confidential 19 contract with third parties This demand also requests documents that may be protected by the 20 attorney and attorney work product privileges Without waiving these objections 21 KUBOTA responds as follows 22 KUBOTA has a conducted diligent search and reasonable inquiry and is not in 23 possession custody or control of the requested documents that were created prior to December 24 31 1975 and are related to asbestos pressure pipe nor are they known to exist 25 REQUEST FOR PRODUCTION NO 2 26 DOCUMENT CONCERNING YOUR Retired Employees Association Directory 27 28 4 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 2 KUBOTA objects to this request as it invades the right to privacy of third parties and their families is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The request is also vague ambiguous unintelligible and undefining as to the phrase Retired Employees Association Directory 10 REQUEST FOR PRODUCTION NO 3 11 DOCUMENT CONCERNING the Retired Employees Association Directory for the 12 asbestos cement pipe division of Kubota 13 RESPONSE TO REQUEST FOR PRODUCTION NO 3 14 15 KUBOTA objects that the request is vague ambiguous unintelligible and undefining as 16 to the phrase Retired Employees Association Directory KUBOTA also objects to this request 17 as it invades the right to privacy of third parties and their families who are not parties to the 18 action who are protected by the California Constitution Japanese law and common law The 19 request is also overly broad in scope unduly burdensome oppressive harassing irrelevant and 20 not reasonably calculated to lead to the discovery of admissible evidence 21 REQUEST FOR PRODUCTION NO 4 22 23 DOCUMENT RELATING to any and all asbestos deaths of former Kubota 24 employees 25 RESPONSE TO REQUEST FOR PRODUCTION NO 4 26 KUBOTA objects to this request as it invades the right to privacy of third parties and 27 their families who are not parties to the action who are protected by the California Constitution 28 Japanese law and common law The request is overly broad in scope unduly burdensome DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows 10 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 11 possession custody or control of the requested documents that were created prior to December 12 31 1975 and are related to asbestos pressure pipe nor are they known to exist 13 REQUEST FOR PRODUCTION NO 5 14 DOCUMENT IDENTIFYING all current and former Kubota employees who worked 15 at the Kanzaki Plant located in Amagasaki City Japan who YOU have knowledge have 16 developed mesothelioma including but not limited to all those former employees YOU have 17 compensated for mesothelioma 18 RESPONSE TO REQUEST FOR PRODUCTION NO 5 19 20 KUBOTA objects to this request as it invades the right to privacy of third parties and 21 their families who are not parties to the action and who are protected by the California 22 Constitution Japanese law and common law The request is overly broad in scope unduly 23 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 24 discovery of admissible evidence as to any KUBOTA business documents created after 25 December 31 1975 and as to information related to other containing products besides 26 asbestos pressure pipe The requested documents are also protected by a confidentiality 27 provision Compromise agreements and statements of sympathy are also protected by Evidence 28 Code sections 1152 and 1160. Should KUBOTAbe ordered to produce such documentation said DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 6 All DOCUMENTS CONCERNING asbestos currently in the possession or control of YOUR current or former employee Mr. Itoh or Ito collected during his tenure with YOUR 10 Department of Corporate Social Responsibility 11 RESPONSE TO REQUEST FOR PRODUCTION NO 6 12 13 KUBOTA objects to this request as being vague ambiguous unintelligible and 14 undefining as to the terms Mr. Itoh and Department of Corporate Social Responsibility and 15 requests documentation protected by the attorney and product privileges The 16 request also seeks proprietary information as to KUBOTA and its support groups is invasive of 17 individual privacy rights is overly broad in scope and time unduly burdensome oppressive and 18 harassing irrelevant and not reasonably calculated to lead to the discovery of admissible 19 evidence as to any KUBOTA business documents created after December 31 1975 and as to 20 21 information related to other containing products besides asbestos pressure pipe 2222 Without waiving these objections KUBOTA has conducted a diligent and reasonable 2222 search and is not in possession custody or control of the requested documents created prior to 2222 December 31 1975 and related to asbestos cement pressure pipe nor are they known to exist 25 REQUEST FOR PRODUCTION NO 7 26 DOCUMENT IDENTIFYING the surviving families of deceased workers at the 27 Kanzaki Plant located in Amagasaki City Japan who YOU have knowledge have developed 28 7 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET mesothelioma including but not limited to all those former employees YOU have compensated for mesothelioma RESPONSE TO REQUEST FOR PRODUCTION NO 7 KUBOTA objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides 10 asbestos pressure pipe The requested documents are also protected by a confidentiality 11 provision Compromise agreements and statements of sympathy are also protected by Evidence 12 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 13 order will force KUBOTA to breach its confidential contract with third parties This demand also 14 requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has a conducted diligent search and reasonable inquiry and is not in 17 possession custody or control of the requested documents that were created prior to December 18 31 1975 and are related to asbestos pressure pipe nor are they known to exist 19 REQUEST FOR PRODUCTION NO 8 20 DOCUMENT IDENTIFYING all persons who YOU have compensated for 21 22 developing mesothelioma who lived in Amagasaki City Japan during the years for Kanzaki 23 Plant produced containing products 24 RESPONSE TO REQUEST FOR PRODUCTION NO 8 25 KUBOTA objects to this request as it invades the right to privacy of third parties and 26 their families who are not parties to the action and who are protected by the California 27 Constitution Japanese law and common law The request is overly broad in scope unduly 28 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December 11 31 1975 and are related to asbestos pressure pipe nor are they known to exist 12 REQUEST FOR PRODUCTION NO 9 13 DOCUMENT IDENTIFYING all persons who YOU have been requested to 14 compensate for developing mesothelioma who lived in Amagasaki City Japan during the year 15 the Kanzaki Plan produced containing products 16 RESPONSE TO REQUEST FOR PRODUCTION NO 9 17 18 KUBOTA objects to this request as it invades the right to privacy of third parties and 19 their families who are not parties to the action and who are protected by the California 20 Constitution Japanese law and common law The request is overly broad in scope unduly 21 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 22 discovery of admissible evidence as to any KUBOTA business documents created after 23 December 31 1975 and as to information related to other containing products besides 24 asbestos pressure pipe The requested documents are also protected by a confidentiality 25 provision Compromise agreements and statements of sympathy are also protected by Evidence 26 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 27 order will force KUBOTA to breach its confidential contract with third parties This demand also 28 9 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 10 DOCUMENT RELATING to all former employee deaths since 1978 including approximately 75 workers from YOUR Kanzaki Japan factory and approximately 4 subcontractors who had been employed at the same facility 10 RESPONSE TO REQUEST FOR PRODUCTION NO 10 11 12 KUBOTA objects to this request as it invades the right to privacy of third parties and 13 their families who are not parties to the action and who are protected by the California 14 Constitution Japanese law and common law The request is overly broad in scope unduly 15 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 16 discovery of admissible evidence as to any KUBOTA business documents created after 17 December 31 1975 and as to information related to other containing products besides 18 asbestos pressure pipe The requested documents are also protected by a confidentiality 19 provision Compromise agreements and statements of sympathy are also protected by Evidence 20 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 21 order will force KUBOTA to breach its confidential contract with third parties This demand also 22 requests documents that may be protected by the attorney and attorney work product 23 privileges Without waiving these objections KUBOTA responds as follows 24 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 25 possession custody or control of the requested documents that were created prior to December 26 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 11 27 28 DOCUMENT RELATING to the health of approximately 552 other workers from DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET YOUR Kanzaki Japan factory who were directly involved in the manufacture of asbestos pipes for a minimum of one year at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 11 KUBOTA objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides 10 asbestos pressure pipe The requested documents are also protected by a confidentiality 11 provision Compromise agreements and statements of sympathy are also protected by Evidence 12 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 13 order will force KUBOTA to breach its confidential contract with third parties This demand also 14 requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 17 possession custody or control of the requested documents that were created prior to December 18 31 1975 and are related to asbestos pressure pipe nor are they known to exist 19 REQUEST FOR PRODUCTION NO 12 20 All DOCUMENTS from 1962 through 1975 reflecting the approximate 240,000 tons of 21 22 asbestos used at the Kanzaki plant in the production of asbestos water pipes and building 23 materials the majority of fiber consumed was crocidolite 24 RESPONSE TO REQUEST FOR PRODUCTION NO 12 25 KUBOTA objects on the grounds that the request is unintelligible vague and ambiguous 26 as to the terms asbestos water pipes and majority of fiber consumed overly broad in scope 27 and time unduly burdensome oppressive and harassing irrelevant and not reasonably calculated 28 to lead to the discovery of admissible evidence as to information related to other asbestos- DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows Defendant has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive privileged documents that were created prior to December 31 1975 and are related to asbestos cement pressure pipe REQUEST FOR PRODUCTION NO 13 All DOCUMENT RELATING to THEY TYPE OR FIBER USED AT THE Kanzaki plant in the production of asbestos water piped at any time from 1962 through 1975 10 RESPONSE TO REQUEST FOR PRODUCTION NO 13 11 KUBOTA objects on the grounds that the request vague and ambiguous as to the term 12 asbestos water piped is overly broad in scope and time unduly burdensome oppressive and 13 harassing irrelevant and not reasonably calculated to lead to the discovery of admissible 14 evidence as to information related to other containing products besides asbestos 15 pressure pipe This demand also requests documents that may be protected by the attorney 16 and attorney work product privileges Without waiving these objections KUBOTA responds as 17 follows 18 a Defendant has conducted diligent search and reasonable inquiry and is not in 19 possession custody or control of any responsive privileged documents that were created 20 prior to December 31 1975 and are related to asbestos cement pressure pipe 21 REQUEST FOR PRODUCTION NO 14 22 23 All DOCUMENTS and INFORMATION uncovered during KUBOTA's investigation of 24 a mesothelioma epidemic in the neighborhood around its own former ASBESTOS- 25 CONTAINING pipe manufacturing plant 26 27 28 12 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 14 KUBOTA objects to this request as it is vague and ambiguous as to the terms mesothelioma epidemic and neighborhood around its own former ASBESTOS- CONTAINING pipe manufacturing plant The request invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides 10 asbestos pressure pipe The requested documents are also protected by a confidentiality 11 provision Compromise agreements and statements of sympathy are also protected by Evidence 12 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 13 order will force KUBOTA to breach its confidential contract with third parties This demand also 14 requests documents that may be protected by the attorney and attorney work product 15 privileges 16 REQUEST FOR PRODUCTION NO 15 17 All DOCUMENTS internal corporate DOCUMENTS and interviews conducted 18 created or discovered as a result of Kubota Shock 19 RESPONSE TO REQUEST FOR PRODUCTION NO 15 20 21 KUBOTA objects that this request is vague and ambiguous as to the term Kubota 22 Shock The request also invades the right to privacy of third parties and their families who are 23 not parties to the action and who are protected by the California Constitution Japanese law 24 and common law The request is overly broad in scope unduly burdensome oppressive 25 harassing irrelevant and not reasonably calculated to lead to the discovery of admissible 26 evidence as to any KUBOTA business documents created after December 31 1975 and as to 27 information related to other containing products besides asbestos pressure pipe 28 13 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges REQUEST FOR PRODUCTION NO 16 All DOCUMENTS you produced to any third party after the June 29 2005 announcement concerning your use of asbestos at the Kansaki Asbestos Cement Pipe plant from 10 1962 through 1975 11 RESPONSE TO REQUEST FOR PRODUCTION NO 16 12 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 13 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 14 admissible evidence as to any KUBOTA business documents created after December 31 1975 15 and as to information related to other containing products besides asbestos 16 pressure pipe The requested documents are also protected by a confidentiality provision 17 Compromise agreements and statements of sympathy are also protected by Evidence Code 18 sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order 19 will force KUBOTA to breach its confidential contract with third parties This demand also 20 requests documents that may be protected by the attorney and attorney work product 21 privileges Without waiving these objections KUBOTA responds as follows 22 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 23 possession custody or control of the requested documents that were created prior to December 24 25 31 1975 and are related to asbestos pressure pipe nor are they known to exist 26 REQUEST FOR PRODUCTION NO 17 27 All DOCUMENTS CONCERNING the 1960 Japanese Pneumoconiosis Act 28 14 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 17 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges The requested documents are also equally available to the 10 11 12 13 14 15 plaintiffs Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and will produce the responsive privileged documents which are in its possession custody or control which were created prior to December 31 1975 REQUEST FOR PRODUCTION NO 18 All DOCUMENTS CONCERNING the 1975 Japanese Ordinance on Prevention of 16 Hazards Caused by Specific Chemical Substances 17 RESPONSE TO REQUEST FOR PRODUCTION NO 18 18 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 19 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 20 admissible evidence as to any KUBOTA business documents created after December 31 1975 21 and as to information related to other containing products besides asbestos 22 pressure pipe This demand also requests documents that may be protected by the attorney 23 and attorney work product privileges Without waiving these objections KUBOTA responds as 24 follows 25 KUBOTA has conducted a diligent search and reasonable inquiry and will produce a 26 copy of the 1975 Japanese Ordinance on Prevention of Hazards Caused by Specific Chemical 27 Substances 28 15 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET REQUEST FOR PRODUCTION NO 19 All DOCUMENTS containing information regarding how many workers compensation claims YOU have received relating to an asbestos disease RESPONSE TO REQUEST FOR PRODUCTION NO 19 KUBOTA objects to this request as it invades the right to privacy of third parties and their families who are not parties to the action and who are protected by the California Constitution Japanese law and common law The request is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after 10 December 31 1975 and as to information related to other containing products besides 11 asbestos pressure pipe The requested documents are also protected by a confidentiality 12 provision Compromise agreements and statements of sympathy are also protected by Evidence 13 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 14 order will force KUBOTA to breach its confidential contract with third parties This demand also 15 requests documents that may be protected by the attorney and attorney work product 16 privileges Without waiving these objections KUBOTA responds as follows 17 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 18 possession custody or control of the requested documents that were created prior to December 19 31 1975 and are related to asbestos pressure pipe nor are they known to exist 20 REQUEST FOR PRODUCTION NO 20 21 22 All DOCUMENTS containing information regarding when YOU first received a workers 23 compensation claim relating to an asbestos disease 24 RESPONSE TO REQUEST FOR PRODUCTION NO 20 25 KUBOTA objects to this request as it invades the right to privacy of third parties and 26 their families who are not parties to the action and who are protected by the California 27 Constitution Japanese law and common law The request is overly broad in scope unduly 28 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are also protected by a confidentiality provision Compromise agreements and statements of sympathy are also protected by Evidence Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said order will force KUBOTA to breach its confidential contract with third parties This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December 11 31 1975 and are related to asbestos pressure pipe nor are they known to exist 12 REQUEST FOR PRODUCTION NO 21 13 All DOCUMENTS containing information regarding any workers compensation claims 14 relating to an asbestos disease YOU have received 15 RESPONSE TO REQUEST FOR PRODUCTION NO 21 16 KUBOTA objects to this request as it invades the right to privacy of third parties and 17 protected their families who are not parties to the action and who are 18 by the California Constitution Japanese law and common law The request is overly broad in scope unduly 19 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 20 discovery of admissible evidence as to any KUBOTA business documents created after 21 December 31 1975 and as to information related to other containing products besides 22 asbestos pressure pipe The requested documents are also protected by a confidentiality 23 provision Compromise agreements and statements of sympathy are also protected by Evidence 24 Code sections 1152 and 1160. Should KUBOTA be ordered to produce such documentation said 25 order will force KUBOTA to breach its confidential contract with third parties This demand also 26 requests documents that may be protected by the attorney and attorney work product 27 privileges Without waiving these objections KUBOTA responds as follows 28 17 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 22 All DOCUMENTS containing information regarding YOUR knowledge of HAZARDS 6 ASSOCIATED WITH ASBESTOS EXPOSURE and CONTAINING MATERIAL 8 RESPONSE TO REQUEST FOR PRODUCTION NO 22 10 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 11 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 12 admissible evidence as to any KUBOTA business documents created after December 31 1975 13 and as to information related to other containing products besides asbestos 14 pressure pipe This demand also requests documents that may be protected by the attorney 15 and attorney work product privileges Without waiving these objections KUBOTA responds as follows 16 17 KUBOTA has a conducted diligent search and reasonable inquiry and is not in 18 possession custody or control of the requested documents that were created prior to December 19 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 23 20 21 All DOCUMENTS containing information regarding when YOU first learned about the 22 HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE 23 RESPONSE TO REQUEST FOR PRODUCTION NO 23 24 KUBOTA objects to this request as it invades the right to privacy of third parties and 25 their families who are not parties to the action and who are protected by the California 26 Constitution Japanese law and common law The request is overly broad in scope unduly 27 burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the 28 18 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges and are equally available to the plaintiffs Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the exception of the 1960 Japanese Pneumoconiosis Act and the 1975 Japanese Ordinance on 10 Prevention of Hazards by Specific Chemical Substances laws which are equally available to the 11 plaintiffs 12 REQUEST FOR PRODUCTION NO 24 13 All DOCUMENTS containing information regarding YOUR membership in any 14 organization that discussed the HAZARDS ASSOCIATED WITH EXPOSURE TO 15 ASBESTOS 16 RESPONSE TO REQUEST FOR PRODUCTION NO 24 17 18 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 19 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 20 admissible evidence as to any KUBOTA business documents created after December 31 1975 21 and as to information related to other containing products besides asbestos 22 pressure pipe This demand also requests documents that may be protected by the attorney 23 and attorney work product privileges Without waiving these objections KUBOTA responds as follows 24 /// 25 //] 26 27 28 19 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 25 All DOCUMENTS containing information CONCERNING any precautions YOU took to protect YOUR employees from HAZARDS ASSOCIATED WITH EXPOSURE TO ASBESTOS RESPONSE TO REQUEST FOR PRODUCTION NO 25 10 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 11 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 12 admissible evidence as to any KUBOTA business documents created after December 31 1975 13 and as to information related to other containing products besides asbestos 14 pressure pipe This demand also requests documents that may be protected by the attorney 15 and attorney work product privileges The requested documents are equally available to the 16 plaintiffs Without waiving these objections KUBOTA responds as follows 17 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 18 produced all of its responsive documents in its possession custody or control that were created 19 prior to December 31 1975 and are related to asbestos pressure pipe The responsive 20 documents were produced at Tab 1.7 in KUBOTA's production of documents related to the 21 Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the 22 Webber v A.H. Voss litigation 23 REQUEST FOR PRODUCTION NO 26 24 All DOCUMENTS concerning the use of protective respiratory equipment by employees 25 at all of your asbestos cement pipe manufacturing facilities from 1962 through 1975 26 RESPONSE TO REQUEST FOR PRODUCTION NO 26 27 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 28 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET admissible evidence This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA will produce a copy of the Health & Safety Monthly Report for July and November 1962. KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any additional responsive documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 27 10 All DOCUMENTS containing information CONCERNING any research reviewed by 11 YOU CONCERNING what knowledge CONSUMERS of CONTAINING 12 MATERIALS YOU MANUFACTURED possessed CONCERNING the HAZARDS 13 ASSOCIATED WITH ASBESTOS EXPOSURE 14 RESPONSE TO REQUEST FOR PRODUCTION NO 27 15 16 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 17 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 18 admissible evidence as to any KUBOTA business documents created after December 31 1975 19 and as to information related to other containing products besides asbestos 20 pressure pipe This demand also requests documents that may be protected by the attorney 21 and attorney work product privileges The requested documents are equally available to 22 plaintiffs Without waiving these objections KUBOTA responds as follows 23 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 24 produced all responsive documents in its possession custody or control that were created prior to 25 December 31 1975 and are related to asbestos pressure pipe The responsive documents 26 were produced at Tab 1.7 in KUBOTA's production of documents related to the Deposition of 27 KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. 28 Voss litigation 21 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET REQUEST FOR PRODUCTION NO 28 All DOCUMENTS containing information CONERNING any research reviewed by YOU CONCERNING what knowledge VOSS possessed CONCERNING the HAZARDS ASSOOCIATED WITH ASBESTOS EXPOSURE MATERIALS YOU MANUFACTURED at any time from CONTAINING | RESPONSE TO REQUEST FOR PRODUCTION NO 28 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 10 admissible evidence as to any KUBOTA business documents created after December 31 1975 11 and as to information related to other containing products besides asbestos 12 pressure pipe This demand also requests documents that may be protected by the attorney 13 and attorney work product privileges The requested documents are equally available to 14 plaintiffs Without waiving these objections KUBOTA responds as follows 15 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 16 produced all responsive documents that are in its possession custody or control of the requested 17 documents that were created prior to December 31 1975 and are related to asbestos 18 pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 19 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 20 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including 21 a Kubota brochure a photo of a cutting tool and the deposition of a former VOSS 22 employee Randall Waters dated August 6 2007. One of the photos in the Kubota 2222 brochure depicts a VOSS employee protected by goggles gloves and a face mask while working 2222 at a cutting tool VOSS required its employees to wear protective equipment while using a 2222 cutting tool The cutting tool used water at the point of operation 2222 REQUEST FOR PRODUCTION NO 29 27 28 All DOCUMENTS CONCERNING YOUR contention if YOU so contend that Bobby 22 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET Evans received WARNINGS CONCERNING HAZARDS ASSOCIATED WITH ASBESTOS EXPOSURE CONCERNING CONTAINING PRODUCTS YOU manufactured RESPONSE TO REQUEST FOR PRODUCTION NO 29 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges The requested documents are equally available to 10 Plaintiffs Without waiving these objections KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 12 produced responsive documents that are in its possession custody or control of the requested 13 documents that were created prior to December 31 1975 and are related to asbestos 14 pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 15 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 16 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including a 17 Kubota brochure a photo of a cutting tool and the deposition of a former VOSS employee 18 Randall Waters dated August 6 2007. One of the photos in the Kubota brochure depicts a 19 VOSS employee protected by goggles gloves and a face mask while working at a cutting tool 20 VOSS required its employees to wear protective equipment while using a cutting tool The 21 cutting tool used water at the point of operation Plaintiffs are also in possession of the 22 Deposition Transcripts of Bobby Jean Evans Volumes 1 and 2 and the Deposition Transcripts 23 of Albert Groth Volumes 1 and 2 In addition KUBOTA will produce a copy of Certainteed's 24 GO Responses to Standard Interrogatories dated 2006 and color copies of photographs depicting 25 Manville's warnings related to asbestos 26 REQUEST FOR PRODUCTION NO 30 27 All DOCUMENTS CONCERNING any IDENTIFICATION MARKINGS on 28 23 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET CONTAINING MATERIALS that you SUPPLIED to VOSS at any time RESPONSE TO REQUEST FOR PRODUCTION NO 30 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand requests documents which are equally available to plaintiffs This demand also requests documents that may be protected by the attorney and attorney work 10 product privileges Without waiving these objections KUBOTA responds as follows 11 KUBOTA has a conducted diligent search and reasonable inquiry and is not in 12 possession custody or control of responsive documents that were created prior to December 31 13 1975 and are related to asbestos pressure pipe other than photographs previously 14 15 produced by Stephanie Voss in the Webber v A.H. Voss litigation which depict KUBOTA pipe 16 with a logo These documents are believed to be in the in the possession of A. H. Voss as well as 17 in the possession of Plaintiffs counsel 18 REQUEST FOR PRODUCTION NO 31 19 All DOCUMENTS containing information concerning any WARNINGS about the 20 HAZARDS RELATED TO ASBESTOS EXPOSURE YOU provided with the ASBESTOS- 21 CONTAINING MATERIAL YOU SOLD at any time from 1962 through 1975 22 23 RESPONSE TO REQUEST FOR PRODUCTION NO 31 24 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 25 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 26 admissible evidence as to information related to other containing products besides 27 asbestos pressure pipe This demand also requests documents that may be protected by 28 24 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents that were created prior to December 31 1975 and are related to its asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 32 All DOCUMENTS concerning any asbestos WARNINGS that YOU placed on any packaging or product itself associated with CONTAINING MATERIAL at any 10 time 11 RESPONSE TO REQUEST FOR PRODUCTION NO 32 12 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 13 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 14 admissible evidence as to any KUBOTA business documents created after December 31 1975 15 and as to information related to other containing products besides asbestos 16 pressure pipe This demand also requests documents that may be protected by the attorney 17 and attorney work product privileges Without waiving these objections KUBOTA responds as 18 follows 19 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 20 possession custody or control of any responsive documents that were created prior to December 21 31 1975 and are related to its asbestos pressure pipe nor are they known to exist 22 REQUEST FOR PRODUCTION NO 33 222 222 All DOCUMENTS concerning any WARNINGS that YOU provided with YOUR sales 222 of CONTAINING MATERIAL at any time from 1962 through 1975 228 ff 228 28 25 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 33 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and has previously produced all responsive documents that are in its possession custody or control of the requested 10 documents that were created prior to December 31 1975 and are related to asbestos 11 pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 12 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 13 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including 14 a Kubota brochure a photo of a cutting tool and the deposition of a former VOSS 15 employee Randall Waters dated August 6 2007. One of the photos in the Kubota 16 brochure depicts a VOSS employee protected by goggles gloves and a face mask while working 17 at a cutting tool VOSS required its employees to wear protective equipment while using a 18 19 cutting tool The cutting tool used water at the point of operation 20 REQUEST FOR PRODUCTION NO 34 21 All DOCUMENTS related to any WARNINGS provided that YOU provided with YOUR 22 sales of CONTAINING MATERIAL to VOSS at any time from 1962 through 23 1975 24 RESPONSE TO REQUEST FOR PRODUCTION NO 34 25 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 26 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 27 admissible evidence as to information related to other containing products besides 28 26 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducteda diligent search and reasonable inquiry and has previously produced all responsive documents that are in its possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced at Tabs 1.10 1.10 and 4.21 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation including 10 a Kubota brochure a photo of a cutting tool and the deposition of a former VOSS 11 employee Randall Waters dated August 6 2007. One of the photos in the Kubota 12 brochure depicts a VOSS employee protected by goggles gloves and a face mask while working 13 at a cutting tool VOSS required its employees to wear protective equipment while using a 14 cutting tool The cutting tool used water at the point of operation 15 16 REQUEST FOR PRODUCTION NO.35 17 All DOCUMENTS related to any WARNINGS that YOU provided with YOUR sales of 18 CONTAINING MATERIAL provided to the Los Angeles Department of Water 19 and Power at any time from 1962 to 1975 2222 RESPONSE TO REQUEST FOR PRODUCTION NO 35 2222 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 2222 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 23 admissible evidence as to information related to other containing products besides 24 asbestos pressure pipe This request assumes facts that are not in evidence that 25 KUBOTA sold or supplied any asbestos cement pipe to Los Angeles Department of Water & 26 Power at any time from 1962 to 1975. This demand also requests documents that may be 27 20 27 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 36 All DOCUMENTS containing information CONCERNING any research performed by YOU of the CONSUMERS response to any WARNINGS that may have CONCERNED 10 CONTAINING PRODUCTS YOU manufactured at any time from 1962 through 11 1975 12 RESPONSE TO REQUEST FOR PRODUCTION NO 36 13 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 14 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 15 admissible evidence as to any KUBOTA business documents created after December 31 1975 16 and as to information related to other containing products besides asbestos 17 pressure pipe The requested documents are equally available to Plaintiffs This demand also 18 requests documents that may be protected by the attorney and attorney work product 19 privileges Without waiving these objections KUBOTA responds as follows 20 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 21 produced any responsive documents in its possession custody or control that were created prior | 22 to December 31 1975 and are related to asbestos pressure pipe The responsive | 23 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 24 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 25 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a 26 cutting tool One of the photos in the Kubota brochure depicts a VOSS employee protected 27 by goggles gloves and a face mask while working at a cutting tool VOSS required its 28 28 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET employees to wear protective equipment while using a cutting tool The cutting tool used water at the point of operation REQUEST FOR PRODUCTION NO 37 All DOCUMENTS reviewed by YOU CONCERNING CONSUMERS responses to any WARNINGS that may have CONCERNED CONTAINING PRODUCTS YOU manufactured at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 37 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 10 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 11 admissible evidence as to any KUBOTA business documents created after December 31 1975 12 and as to information related to other containing products besides asbestos 13 pressure pipe The requested documents are equally available to Plaintiffs This demand also 14 requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 17 produced any responsive documents in its possession custody or control that were created prior 18 to December 31 1975 and are related to asbestos pressure pipe The responsive 19 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 20 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 21 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a 22 cutting tool One of the photos in the Kubota brochure depicts a VOSS employee protected 23 by goggles gloves and a face mask while working at a cutting tool VOSS required its 24 employees to wear protective equipment while using a cutting tool The cutting tool used water 25 at the point of operation REQUEST FOR PRODUCTION NO 38 26 27 All DOCUMENTS containing information CONCERNING any research performed by 28 YOU of VOSS's actions in response to any WARNINGS that may have CONCERNED DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET CONTAINING PRODUCTS YOU manufactured at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 38 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product 10 privileges Without waiving these objections KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 12 produced any responsive documents in its possession custody or control that were created prior 13 to December 31 1975 and are related to asbestos pressure pipe The responsive 14 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 15 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 16 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a 17 cutting tool One of the photos in the Kubota brochure depicts a VOSS employee protected 18 by goggles gloves and a face mask while working at a cutting tool VOSS required its 19 employees to wear protective equipment while using a cutting tool The cutting tool used water 20 at the point of operation 21 REQUEST FOR PRODUCTION NO 39 22 All DOCUMENTS containing information CONCERNING VOSS's actions in response 23 24 to any WARNINGS that may have CONCERNED CONTAINING PRODUCTS 25 YOU manufactured that YOU are aware of at any time from 1962 through 1975 26 /// 27 28 30 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 39 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has a conducted diligent search and reasonable inquiry and has previously 10 produced any responsive documents in its possession custody or control that were created prior 11 to December 31 1975 and are related to asbestos pressure pipe The responsive 12 documents were produced as Tabs 1.10 and 1.10 in KUBOTA's production of documents 13 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 14 2007 in the Webber v A.H. Voss litigation including a Kubota brochure and a photo of a 15 cutting tool One of the photos in the Kubota brochure depicts a VOSS employee protected 16 by goggles gloves and a face mask while working at a cutting tool VOSS required its 17 employees to wear protective equipment while using a cutting tool The cutting tool used water 18 at the point of operation 19 REQUEST FOR PRODUCTION NO 40 22 All DOCUMENTS CONCERNING YOUR statement made in response to Plaintiff's 22 form interrogatories that Manville asbestos fiber bags sold in Japan did not have 22 WARNINGS until 1977 23 RESPONSE TO REQUEST FOR PRODUCTION NO 40 24 25 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 26 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 27 admissible evidence as to any KUBOTA business documents created after December 31 1975 28 and as to information related to other containing products besides asbestos DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and has previously produced any responsive documents which are in its possession custody or control that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced as Tabs 4.21 and 4.21 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on 10 December 12 2007 in the Webber v A.H. Voss litigation 11 REQUEST FOR PRODUCTION NO 41 12 All DOCUMENTS containing information CONCERNING any product safety testing 13 performed by YOU at any time CONCERNING the CONTAINING MATERIALS 14 YOU SUPPLIED to VOSS 15 RESPONSE TO REQUEST FOR PRODUCTION NO 41 16 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 17 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 18 admissible evidence as to any KUBOTA business documents created after December 31 1975 19 and as to information related to other containing products besides asbestos 2222 pressure pipe The requested documents are equally available to Plaintiffs This demand also 2222 requests documents that may be protected by the attorney and attorney work product 2222 privileges Without waiving these objections KUBOTA responds as follows 23 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 24 25 produces any responsive documents in its possession custody or control that were created prior 26 to December 31 1975 and are related to asbestos pressure pipe The responsive 200 documents were produced as Tab 1.7 and Tab 2.1 in KUBOTA's production of documents 200 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET 2007 in the Webber v A.H. Voss litigation REQUEST FOR PRODUCTION NO 42 All DOCUMENTS containing information CONCERNING any product safety testing performed by an entity or person other than YOU reviewed by YOU CONCERNING the CONTAINING MATERIALS YOU SUPPLIED to VOSS at any time RESPONSE TO REQUEST FOR PRODUCTION NO 42 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 10 admissible evidence as to any KUBOTA business documents created after December 31 1975 11 and as to information related to other containing products besides asbestos 12 pressure pipe The requested documents are equally available to Plaintiffs This demand also 13 requests documents that may be protected by the attorney and attorney work product 14 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 17 produces any responsive documents in its possession custody or control that were created prior 18 to December 31 1975 and are related to asbestos pressure pipe The responsive 19 documents were produced as Tab 1.7 and Tab 2.1 in KUBOTA's production of documents 20 related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 21 2007 in the Webber v A.H. Voss litigation 22 23 REQUEST FOR PRODUCTION NO 43 24 All DOCUMENTS in your possession containing information CONCERNING any 25 testing CONCERNING asbestos fiber release from ASBESTOS CEMENT PIPE 26 /// 27 28 33 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 43 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December 11 31 1975 and are related to asbestos pressure pipe nor are they known to exist 12 REQUEST FOR PRODUCTION NO 44 13 14 All DOCUMENTS containing information CONCERNING any research performed by 15 YOU of how CONTAINING PRODUCTS you manufactured where being used by 16 CONSUMERS at any time from 1962 through 1975 17 RESPONSE TO REQUEST FOR PRODUCTION NO 44 18 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 19 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 20 admissible evidence as to any KUBOTA business documents created after December 31 1975 21 22 and as to information related to other containing products besides asbestos 23 pressure pipe The requested documents are equally available to Plaintiffs This demand also 24 requests documents that may be protected by the attorney and attorney work product 25 privileges Without waiving these objections KUBOTA responds as follows 26 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 27 produced any responsive documents in its possession custody or control of the requested 28 34 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET documents that were created prior to December 31 1975 and are related to asbestos pressure pipe The responsive documents were produced as Tab 1.7 and Tab 1.10 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation REQUEST FOR PRODUCTION NO 45 All DOCUMENTS you reviewed containing information CONCERNING how CONTAINING PRODUCTS you manufactured where being used by CONSUMERS at any time from 1962 through 1975 10 RESPONSE TO REQUEST FOR PRODUCTION NO 45 11 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 12 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 13 admissible evidence as to any KUBOTA business documents created after December 31 1975 14 15 and as to information related to other containing products besides asbestos 16 pressure pipe The requested documents are equally available to Plaintiffs This demand also 17 requests documents that may be protected by the attorney and attorney work product 18 privileges Without waiving these objections KUBOTA responds as follows 19 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 20 produced any responsive documents in its possession custody or control of the requested 21 documents that were created prior to December 31 1975 and are related to asbestos 22 23 pressure pipe The responsive documents were produced as Tab 1.7 and Tab 1.10 in 24 KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 25 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation 26 REQUEST FOR PRODUCTION NO 46 27 All DOCUMENTS containing information CONCERNING the asbestos fiber release that 28 35 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET occurred when CONTAINING MATERIALS YOU manufactured and supplied to VOSS were cut with a power saw at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 46 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe The requested documents are equally available to Plaintiffs This demand also requests documents that may be protected by the attorney and attorney work product 10 privileges Without waiving these objections KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 12 produced any responsive documents in its possession custody or control of the requested 13 14 documents that were created prior to December 31 1975 and are related to asbestos 15 pressure pipe The responsive documents were produced as Tab 1.10 and Tab 1.10 in 16 KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most 17 Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation 18 REQUEST FOR PRODUCTION NO 47 19 All DOCUMENTS CONCERNING the SUPPLIER of ASBESTOS to YOU used in 20 the MANUFACTURING of CONTAINING MATERIALS YOU SUPPLIED to 21 22 VOSS at any time from 1962 through 1975 23 RESPONSE TO REQUEST FOR PRODUCTION NO 47 24 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 25 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 26 admissible evidence as to any KUBOTA business documents created after December 31 1975 27 and as to information related to other containing products besides asbestos 28 pressure pipe This demand also requests documents that may be protected by the attorney DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 48 All DOCUMENTS IDENTIFYING WORKSITES where VOSS supplied ASBESTOS CONTAINING MATERIALS you MANUFACTURED at any time from 1962 through 1975 10 RESPONSE TO REQUEST FOR PRODUCTION NO 48 11 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 12 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 13 admissible evidence as to any KUBOTA business documents created after December 31 1975 14 and as to information related to other containing products besides asbestos 15 pressure pipe This demand also requests documents that may be protected by the attorney 16 and attorney work product privileges Without waiving these objections KUBOTA responds as 17 follows 18 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 19 possession custody or control of the requested documents that were created prior to December 20 31 1975 and are related to asbestos pressure pipe nor are they known to exist 21 REQUEST FOR PRODUCTION NO 49 22 All DOCUMENTS CONCERNING the physical appearance of KUBOTA asbestos 22 232 cement pressure pipe that you SUPPLIED to VOSS at any time from 1962 through 1975 232 RESPONSE TO REQUEST FOR PRODUCTION NO 49 232 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 27 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 28 admissible evidence as to any KUBOTA business documents created after December 31 1975 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as 4 follows 5 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession 6 custody or control of the requested documents that were created prior to December 7 31 1975 and are related to asbestos pressure pipe Upon information and belief responsive documents are in the possession of A.H. VOSS including photographs of KUBOTA asbestos cement pipe 10 REQUEST FOR PRODUCTION NO 50 11 12 All DOCUMENTS CONCERNING the type of asbestos fiber contained in ASBESTOS- 13 CONTAINING MATERIALS that you SUPPLIED to VOSS at any time from 1962 through 14 1975 15 RESPONSE TO REQUEST FOR PRODUCTION NO 50 16 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 17 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 18 admissible evidence as to any KUBOTA business documents created after December 31 1975 19 and as to information related to other containing products besides asbestos 20 pressure pipe The requested document is equally available to Plaintiffs This demand also 21 requests documents that may be protected by the attorney and attorney work product 22 privileges Without waiving these objections KUBOTA responds as follows 23 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 24 possession custody or control of the requested documents that were created prior to December 25 26 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the 27 exception of KUBOTA's Responses to GO Standard Interrogatories dated November 20 2007 28 which were previously produced as Tab Algin KUBOTA's production of documents related DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation REQUEST FOR PRODUCTION NO 51 All DOCUMENTS concerning the chemical composition of ASBESTOSCONTAINING MATERIALS that you SUPPLIED to VOSS at any time from 1962 through 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 51 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 10 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 11 admissible evidence as to any KUBOTA business documents created after December 31 1975 12 and as to information related to other containing products besides asbestos 13 pressure pipe The requested documents are equally available to Plaintiffs This demand also 14 requests documents that may be protected by the attorney and attorney work product 15 privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 17 possession custody or control of the requested documents that were created prior to December 18 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the 19 exception of KUBOTA's Responses to GO Standard Interrogatories dated November 20 2007 20 KUBOTA's which were previously produced as Tab 1.10 in 21 production of documents related 22 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in 23 the Webber v A.H. Voss litigation 24 REQUEST FOR PRODUCTION NO 52 25 All DOCUMENTS CONCERNING the percentage of asbestos contained in 26 CONTAINING MATERIALS that you SUPPLIED to VOSS at any time from 1962 27 through 1975 28 39 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 52 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of the requested documents that were created prior to December 11 31 1975 and are related to asbestos pressure pipe nor are they known to exist with the 12 exception of KUBOTA's Responses to GO Standard Interrogatories dated November 20 2007 13 14 which were previously produced as Tab 1.10 in KUBOTA's production of documents related 15 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in 16 the Webber v A.H. Voss litigation 17 REQUEST FOR PRODUCTION NO 53 18 All DOCUMENTS containing information regarding YOUR SALE of ASBESTOS- 19 CONTAINING MATERIAL to VOSS at any time 20 RESPONSE TO REQUEST FOR PRODUCTION NO 53 21 22 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 23 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 24 admissible evidence as to any KUBOTA business documents created after December 31 1975 25 and as to information related to other containing products besides asbestos 26 pressure pipe This demand also requests documents that may be protected by the attorney 27 and attorney work product privileges Without waiving these objections KUBOTA responds as 28 follows 40 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET KUBOTA will produce a copy of its Distributorship Agreement with Voss KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of additional responsive documents that were created prior to December 31 1975 and are 4 related to asbestos pressure pipe nor are they known to exist 5 REQUEST FOR PRODUCTION NO 54 6 7 Any DOCUMENTS concerning any distribution agreements YOU entered into with VOSS regarding the SALE of CONTAINING MATERIAL at any time from 1962 to 1975 10 RESPONSE TO REQUEST FOR PRODUCTION NO 54 11 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 12 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 13 admissible evidence as to any KUBOTA business documents created after December 31 1975 14 15 and as to information related to other containing products besides asbestos 16 pressure pipe This demand also requests documents that may be protected by the attorney 17 and attorney work product privileges Without waiving these objections KUBOTA responds as 18 follows 19 KUBOTA will produce a copy of its Distributorship Agreement with Voss KUBOTA 20 has conducted a diligent search and reasonable inquiry and is not in possession custody or 21 control of additional responsive documents that were created prior to December 31 1975 and are 22 23 related to asbestos pressure pipe nor are they known to exist 24 REQUEST FOR PRODUCTION NO 55 25 All DOCUMENTS containing information CONCERNING any and all agreements you 26 had with VOSS regarding the SUPPLY of CONTAINING MATERIALS in Los 27 Angeles County CA any time from 1962 through 1975 28 41 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 55 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of admissible evidence as to any KUBOTA business documents created after December 31 1975 and as to information related to other containing products besides asbestos pressure pipe This demand also requests documents that may be protected by the attorney and attorney work product privileges Without waiving these objections KUBOTA responds as follows KUBOTA will produce a copy of its Distributorship Agreement with Voss KUBOTA 10 has conducted a diligent search and reasonable inquiry and is not in possession custody or 11 control of additional responsive documents that were created prior to December 31 1975 and are 12 related to asbestos pressure pipe nor are they known to exist 13 REQUEST FOR PRODUCTION NO 56 14 15 All DOCUMENTS containing information concerning VOSS SALE of ASBESTOS- 16 CONTAINING MATERIAL to Los Angeles Department of Water and Power of Los Angeles 17 CA at any time from 1962 through 1975 18 RESPONSE TO REQUEST FOR PRODUCTION NO 56 19 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 20 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 21 admissible evidence as to information related to other containing products besides 22 asbestos pressure pipe This request assumes facts not in evidence that KUBOTA or 23 VOSS sold or supplied any containing material to Los Angeles Department of Water 24 and Power of Los Angeles CA at any time from 1962 to 1975. This demand also requests 25 documents that may be protected by the attorney and attorney work product privileges 26 Without waiving these objections KUBOTA responds as follows 28 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 28 42 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET possession custody or control of the requested documents that were created prior to December 31 1975 and are related to asbestos pressure pipe nor are they known to exist REQUEST FOR PRODUCTION NO 57 All DOCUMENTS reflecting any correspondence between YOU and VOSS at any time from 1962 to 1975 RESPONSE TO REQUEST FOR PRODUCTION NO 57 KUBOTA objects to this request as it is overly broad in scope unduly burdensome oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 10 admissible evidence as to any KUBOTA business documents created after December 31 1975 11 and as to information related to other containing products besides asbestos 12 pressure pipe This demand also requests documents that may be protected by the attorney 13 and attorney work product privileges Without waiving these objections KUBOTA responds as 14 follows 15 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 16 possession custody or control of the requested documents that were created prior to December 17 31 1975 and are related to asbestos pressure pipe nor are they known to exist 18 REQUEST FOR PRODUCTION NO 58 19 All DOCUMENTS CONCERNING any statements made by former Voss employee 20 Robert Arbizo 21 22 RESPONSE TO REQUEST FOR PRODUCTION NO 58 23 Objection This demand requests information which is protected from disclosure by the 24 attorney product privilege 25 REQUEST FOR PRODUCTION NO 59 26 All DOCUMENTS CONCERNING any testimony under oath made by former Voss 27 employee Robert Arbizo 28 43 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 59 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents REQUEST FOR PRODUCTION NO 60 All DOCUMENTS CONCERNING any statements made by former Voss employee Bonifacio Lesso RESPONSE TO REQUEST FOR PRODUCTION NO 60 Objection This demand requests information which is protected from disclosure by the 10 attorney product privilege 11 REQUEST FOR PRODUCTION NO 61 12 All DOCUMENTS CONCERNING any testimony under oath made by former Voss 13 employee Bonifacio Lesso 14 15 RESPONSE TO REQUEST FOR PRODUCTION NO 61 16 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 17 possession custody or control of responsive documentation 18 REQUEST FOR PRODUCTION NO 62 19 All DOCUMENTS CONCERNING any testimony under oath made by former Voss 20 employee Randall Waters 21 RESPONSE TO REQUEST FOR PRODUCTION NO 62 22 23 Objection The requested documents are equally available to Plaintiffs 24 Without waiving this objection KUBOTA responds as follows 25 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 26 possession custody or control of any responsive documents with the exception of Randall 27 Waters deposition transcripts dated April 18 1997 and August 6 2007 which have been 28 44 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET produced in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation and is already in the possession of plaintiffs counsel REQUEST FOR PRODUCTION NO 63 All DOCUMENTS CONCERNING any statements made by former Voss employee Randall Waters RESPONSE TO REQUEST FOR PRODUCTION NO 63 Objection The requested documents are equally available to Plaintiffs 10 Without waiving this objection KUBOTA responds as follows 11 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 12 possession custody or control of any responsive documents with the exception of Randall 13 Waters deposition transcripts dated April 18 1997 and August 6 2007 which have been 14 15 produced in KUBOTA's production of documents related to the Deposition of KUBOTA's 16 Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation 17 and is already in the possession of plaintiffs counsel 18 REQUEST FOR PRODUCTION NO 64 19 All DOCUMENTS CONCERNING any communication between YOU and Mr. A.H. 20 Voss concerning use of respirators by workers cutting asbestos cement pipe 21 RESPONSE TO REQUEST FOR PRODUCTION NO 64 22 23 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 24 possession custody or control of any responsive documents 25 REQUEST FOR PRODUCTION NO 65 26 All DOCUMENTS CONCERNING any communication between YOU and Mr. A.H. 27 Voss concerning use of eye protection by workers cutting asbestos cement pipe 28 45 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET RESPONSE TO REQUEST FOR PRODUCTION NO 65 KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents REQUEST FOR PRODUCTION NO 66 All DOCUMENTS CONCERNING any communication between YOU and Mr. A.H. Voss concerning use of gloves by workers cutting asbestos cement pipe RESPONSE TO REQUEST FOR PRODUCTION NO 66 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 10 possession custody or control of any responsive documents 11 REQUEST FOR PRODUCTION NO 67 12 All DOCUMENTS CONCERNING the testimony of A.H. Voss to the International 13 Trade Commission 14 15 RESPONSE TO REQUEST FOR PRODUCTION NO 67 16 Objection This demand requests documents which are equally available to Plaintiffs 17 Without waiving this objection KUBOTA responds as follows 18 KUBOTA has conducted a diligent search and reasonable inquiry and is not in 19 possession custody or control of responsive documents with the exception of the testimony of 20 A.H. Voss to the International Trade Commission dated March 22 1972 which was previously 21 produced as Tab 4.21 in KUBOTA's production of documents related to the Deposition of 22 23 KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. 24 Voss litigation and is already in the possession of plaintiffs counsel 25 REQUEST FOR PRODUCTION NO 68 26 All DOCUMENTS containing information that supports YOUR contention if YOU so 27 contend that Bobby Evans was not exposed to asbestos from CONTAINING 28 46 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET PRODUCTS that YOU MANUFACTURED RESPONSE TO REQUEST FOR PRODUCTION NO 68 Objection The demand requests the production of documents which are equally available to Plaintiffs Without waiving this objection Defendant responds as follows KUBOTA has conducted a diligent search and reasonable inquiry and is not in possession custody or control of any responsive documents other than the following documents which are equally available to Plaintiffs 1 LADWP's Production of Documents dated 2/1/10 attached as Exhibit 35 to the 10 Deposition Transcript of LADWP's Person Most Knowledgeable Daniel Davis III 11 dated 2/4/10 12 2 Deposition Transcript of LADWP's Person Most Knowledgeable Daniel Davis III 13 dated 2/4/10 and 2/5/10 Volumes 1 and 2 with Exhibits 14 15 3 Deposition Transcript of LADWP's Person Most Knowledgeable Alvaro Sanchez 16 dated 2/5/10 and 2/8/10 Volume 1 and 2 with Exhibits 17 4 Deposition Transcript of LADWP's Person Most Knowledgeable Rhoda Lukjaniec 18 dated 2/8/10 with Exhibits 19 5 Deposition Transcript of Albert Groth dated January 28 and 27 2010 and Exhibits 20 and 21 6 Deposition Transcript of Arthur H. Voss dated 1/31/07 taken in Superior Court 222 222 County of San Francisco Case No. 972662 entitled Paul Roach v Abex Corporation 222 et al which was previously produced as Tab 4.21 in KUBOTA's production of 222 documents related to the Deposition of KUBOTA's Person Most Knowledgeable in 222 taken on December 12 2007 in the Webber v A.H. Voss litigation and is already 222 the possession of plaintiffs counsel 28 47 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET REQUEST FOR PRODUCTION NO 69 All DOCUMENTS RELATING to asbestos currently in the possession or control of YOUR Department of Corporate Social Responsibility RESPONSE TO REQUEST FOR PRODUCTION NO 69 KUBOTA objects to this request as being vague ambiguous unintelligible and undefining as to the term Department of Corporate Social Responsibility and requests documents protected by the attorney and product privileges The request also seeks proprietary information as to KUBOTA and its support groups is invasive of individual privacy 10 rights is overly broad in scope and time unduly burdensome oppressive and harassing 11 irrelevant and not reasonably calculated to lead to the discovery of admissible evidence 12 REQUEST FOR PRODUCTION NO 70 13 All DOCUMENTS containing information information regarding YOUR corporate 14 15 history 16 RESPONSE TO REQUEST FOR PRODUCTION NO 70 17 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 18 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 19 admissible evidence as to any KUBOTA business documents created after December 31 1975 20 and as to information related to other containing products besides asbestos 21 pressure pipe The demand requests documents that are equally available to Plaintiffs This 22 23 demand also requests documents that may be protected by the attorney and attorney work 24 product privileges Without waiving these objections KUBOTA responds as follows 25 7 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 26 produced any responsive documents in its possession custody or control that were created prior 27 to December 31 1975 and are related to asbestos pressure pipe The responsive 28 48 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET documents were produced as Tab 1.1 in KUBOTA's production of documents related to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in the Webber v A.H. Voss litigation and are already in the possession of plaintiffs counsel REQUEST FOR PRODUCTION NO 71 All DOCUMENTS containing information regarding YOUR DOCUMENT RETENTION POLICY RESPONSE TO REQUEST FOR PRODUCTION NO 71 KUBOTA objects to this request as it is overly broad in scope unduly burdensome 10 oppressive harassing irrelevant and not reasonably calculated to lead to the discovery of 11 admissible evidence as to any KUBOTA business documents created after December 31 1975 12 and as to information related to other containing products besides asbestos 13 pressure pipe This demand requests documents which are equally available to Plaintiffs This 14 demand also requests documents that may be protected by the attorney and attorney work 15 product privileges Without waiving these objections KUBOTA responds as follows 16 KUBOTA has conducted a diligent search and reasonable inquiry and has previously 17 produced any responsive documents which are in its possession custody or control that were 18 created prior to December 31 1975 and are related to asbestos pressure pipe The 19 responsive documents were produced as Tab 1.8 in KUBOTA's production of documents related 20 to the Deposition of KUBOTA's Person Most Knowledgeable taken on December 12 2007 in 21 the Webber v A.H. Voss litigation and are already in the possession of plaintiffs counsel 22 REQUEST FOR PRODUCTION NO 72 23 All DOCUMENTS containing information regarding the IDENTITIES of any officers or 24 directors of YOUR company over the last five years 25 RESPONSE TO REQUEST FOR PRODUCTION NO 72 26 KUBOTA objects to this request as it invades the right to privacy of third parties and 27 28 their families is overly broad in scope unduly burdensome oppressive harassing irrelevant and 49 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET VERIFICATION STATE OF CALIFORNIA COUNTY OF LOS ANGELES I have read the foregoing DEFENDANT KUBOTA CORPORATION'S RESPONSES 4 TO REQUEST FOR PRODUCTION OF DOCUMENTS SET NO ONE 1 and know its 5 5 contents am Masahiko Uchino Legal Department for KUBOTA CORPORATION a party to this action entitled Rhoda Evans v A. W. Chesterton et al LASC Case No. BC 418867 and am 8 9 authorized to make this verification for and on its behalf and I make this verification for that 10 reason I am informed and believe and on that ground allege that the matters stated in the 11 foregoing document are true 12 Executed on March 15 2010 at Osaka Japan 13 I declare under the penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct 15 16 17 Signature 18 12 20 21 222 222 222 222 222 222 28 51 DEFENDANT KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUESTS FOR PRODUCTION OF DOCUMENTS SET ONE 880128.1 1013a CCP STATE OF CALIFORNIA COUNTY OF LOS ANGELES age I am employed in the County of Los Angeles State of California I am over the and not a party to the within action my business address is 555 South Flower Street 29th of 18 Floor 4 Los Angeles California 90071 5 On March 15 2010 I caused the foregoing document described as DEFENDANT 6 KUBOTA CORPORATION'S RESPONSES TO PLAINTIFFS REQUEST FOR PRODUCTION SET ONE to be served on the interested parties in this action by placing a true 7 copy thereof enclosed in seal envelopes addressed as follows 8 9 X 10 SEE ATTACHED SERVICE LIST BY FACSIMILE I caused said document to be telephonically transmitted to each addressee's telecopier Fax number as noted on Proof of Service List 11 AND 12 13 14 15 16 17 [ 18 BY MAIL I caused such envelope fully prepaid to be placed in the United States Mail at Los Angeles California I am readily familiar with the firm's practice of collection and processing correspondence or mailing Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles California in the ordinary course of business I am aware that on motion of the party served service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit BY OVERNIGHT EXPRESS I caused said document to be picked up by U.S. Federal Express Services for overnight delivery to the offices of the addressees listed on the Service List 190 190 20 BY HAND PERSONAL SERVICE I caused said document to be personally delivered by a attorney service to the addressee as noted on the Service list 21 I declare under penalty of perjury under the laws of the State of California that the above 22 is true and correct 23 Executed on March 15 2010 Los Angeles California -- --, 24 25 Irene Guzman 26 28 28 SERVICE LIST RHODA EVANS et al . KUBOTA CORPORATION et al Case No BC418867 Our File No 00495.06997 Jeffrey A. Kaiser Esq T. Scott Hames Esq LEVIN SIMES KAISER & GORNICK LLP 44 Montgomery Street 36th Floor San Francisco California 94104 6 ORIGINAL 7 K Gates LLP 8 Four Embarcadero Center Suite 1200 San Francisco CA 94111r 94111r 9 COPY 10 11 Corinne Orquiola Esq LEWIS BRISBOIS BISGAARD & SMITH LLP 12 221 North Figueroa Street Suite 1200 Los Angeles CA 90012 13 COPY 14 William J. Sayers Esq Farah S. Nicol Esq 15 Mary McKelvey Esq MCKENNA LONG & ALDRIDGE LLP 16 300 S. Grand Avenue Suite 1400 Los Angeles CA 90071 17 COPY 18 Carmen A. Trutanich Esq 19 Pamela L. McFarlane Esq Eskel Solomon Esq 20 111 North Hope Street Suite 340 P.O. Box 51111 21 Los Angeles CA 90051 22 COPY 23 R. Gregory Amudson Esq Seymour B. Everett Esq 24 WOOD SMITH HENNING & BERMAN 5000 Birch Street Suite 8500 25 Newport Beach CA 92660 26 COPY 27 28 Attorneys for Plaintiffs RHODA EVANS and BOBBY EVANS Tel 415 646-7160 - Fax 415 981-1270 Attorneys for Crane Co. Individually & as successor to Chapman Valve Co. Tel 415 882-8200 - Fax 415 882-8220 Attorneys for Advocate Mines Limited Tel 213 250-1800 - Fax 213 580-7942 orquiola@lbbslaw.com Attorneys for Certain Corporation Tel 213 688-1000 - Fax 213 243-6330 mmckelvey@mckennalong.com Attorneys for Los Angeles Department of Water and Power Tel 213 367-4640-4534 367-4640-4534 - Fax 213 367-4588 Maggie Flores - Secretary Pamela.mcfarlane@ladwp.com Eskel.solomon@ladwp.com Associated Counsel for City of Los Angeles Acting by and through the Department of Water and Power of the City of Los Angeles Tel 949 757-4500 - Fax 949 757-4550 gamudson@wshblaw.com severett@wshblaw.com