Document kDLgGYrrqeLGQp19eZo3E312V

PLAINTIFF'S EXHIBIT IN THE SUPERIOR COURT OF WASHINGTON FOR KING COUNTY SYLVIN W. PICKNER and PICKNER, a married couple, Plaintiffs, . v. OWENS CORNING, et al., Defendant. EVELYN L) ) ) ) ) ) ) ) ) ) No. 98-2-09390-1 SEA KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS PROPOUNDING PARTY: SYLVIN W. PICKNER and EVELYN I. PICKNER RESPONDING PARTY: KAISER GYPSUM COMPANY, INC. PRELIMINARY STATEMENT No single person associated with Kaiser Gypsum has the knowledge necessary to supply every answer to these interrogatories and request for production, and a number of individuals who might have had personal knowledge of the matters addressed by these interrogatories are either deceased or no longer employees of Kaiser Gypsum. KAISER GYPSUM COMPANY, INC.'S RESPONSES WBKaras, Kastner & Gibbs PLLC TO PLAINTIFFS' FIRST SET OF Two Union Square, Suite 4100 INTERROGATORIES AND REQUEST FOR ORIGINALPRODUCTION OF DOCUMENTS - 1 Mail Addretir P.O.Box 21926 Seattle, Washington 98111-3926 S2-585596.1 (206) 628-6600 X' / 1 Further, Kaiser Gypsum objects to these interrogatories on the grounds that they are vague, 2 ambiguous, overbroad as to time, scope, products and location not in issue, and seek information not 3 relevant to the issues in this lawsuit. ' 4 Without waiving said objections and in the interest of full disclosure, Kaiser Gypsum responds 5 solely with regard to its Seattle facility and with regard to products identified by plaintiff. 6 Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject 7 matter of these interrogatories and reserves its right to supplement these interrogatory responses as may 8 be necessary,- if and when, such further information becomes available. y INTERROGATORY NO. 1: 10 State your full legal name, date of incorporation, principle place of business and whether you are a private or public corporation. 11 RESPONSE: ;12 Kaiser Gypsum Company, Inc. was incorporated on December 1, 1952 in the State of 13 Washington. Its principal place of business is Pleasanton, California, and it is a privately held 14 corporation. 15 INTERROGATORY NO. 2: 16 For each year between 1950 and 1978, identify your officers and directors. 17 RESPONSE: 18 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, burdensome, 19 . ambiguous, and overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus 20 it is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said 21 objections, Kaiser Gypsum responds: see Exhibit A attached hereto. 22 INTERROGATORY NO. 3: . . 23 Please relate your corporate history from 1948 to the present, including, but not limited to, any 24 mergers, acquisitions, name changes or re-iricorporations or secession of business operations. RESPONSE: KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS* FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2 S2 - 585596.1 wniiam,, Kastner & cab* fllc Two Union Square, Suite 4100 Ma AddTM,: p.o. box 21926 Settle, Washington 98111-3926 (206) 628-6600 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and 2 overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus it is not 3 reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objections, 4 Kaiser Gypsum responds: 5 Kaiser Gypsum was organized and incorporated in 1952. On June 19,1952, Permanente Cement 6 Company (later known as Kaiser Cement Corporation) formed a wholly owned subsidiary named Kaiser 7 Gypsum Company. On December 1, 1952, Kaiser Gypsum Company was merged with Pacific Coast 8 Cement Company, a Washington corporation and another subsidiary of Permanente Cement Company. 9 At the time of the merger. Pacific Coast Cement Company had no assets or operations. The name of 10 the combined company was then changed to Kaiser Gypsum Company, Inc. In 1978, Kaiser Gypsum 11 Company, Inc. ceased all business operations. '.12 INTERROGATORY NO. 4: 't 13 Have you at any time engaged in the sale of a product which contained asbestos fibers? If so, please identify 14 (a) the names of your entities selling each of those products; 15 (b) the trade or brand name of each asbestos containing product sold by you; (c) the dates each product was manufactured or sold; 16 (d) a description of each product including the type and percentage of asbestos contained in said product; 17 (e) how each product was packaged; and (f) your gross sales of each asbestos containing product between 1950 and 1978. 18 RESPONSE: 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and 20 overbroad, as it seeks information about types of products and places not at issue in this litigation and 21 years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably calculated 22 to lead to the discovery of admissible evidence. As to subsection (f), Kaiser Gypsum objects to this on 23 the grounds that it is unduly burdensome, harassing and not reasonably calculated to lead to the 24 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 3 S2-585596.1 WiDiaxns, Kastner Zc Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1 discovery of admissible evidence. Further, Kaiser Gypsum responds that it does not possess complete 2 information for its Seattle facility for said years. 3 Without waiving said objections, Kaiser Gypsum responds that the following products which 4 contained asbestos fibers for various periods of time were manufactured at its Seattle facility. 5 1. Joint Compound Powder 6 This product was manufactured at Seattle from 1969 to 1975 and contained 7.5% to 10% 7 chrysotile asbestos. This off-white powder was packaged and sold in sacks of 10 and 25 pounds. 8 2. Finishing Compound Powder 9 This product was manufactured at Seattle frum 1369 to 1975 and contained 3.5 % to 11 % 10 chrysotile asbestos. It was white to off-white powder and packaged in sacks of 25 pounds. 11 3. One-Dav Joint Compound Powder 12 This product was manufactured at Seattle from 1970 to 1975 and contained 3.5% 13 chrysotile asbestos. It was a white to off-white powder and packaged in sacks of 25 pounds. 14 4. Three Purpose Compound Powder 15 This product was manufactured at Seattle from 1969 to 1975 and contained 5% to 11% 16 chrysotile asbestos. This was a white to off-white powder and packaged in sacks of 25 pounds. 17 5. Dual-Purpose Pre-Mix Compound 18 This product was manufactured at Seattle from 1969 to 1975 and contained 2.5% to 4% 19 chrysotile asbestos. This was a white to off-white or light buff colored paste and packaged in buckets 20 or cartons of 4 to 5 gallons. 21 6. Pre-Mix Topping Compound 22 This product was manufactured at Seattle from 1971 to 1975 and contained 1 % chrysotile 23 asbestos. This was a white to off-white colored paste, packaged and sold in buckets of 4 or 5 gallons 24 and cartons of 4 gallons. 25 INTERROGATORY NO. 5: KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 4 S2-585596.1 WHKams, Kaatner & cabs fllc Two Union Square, Suite 4100 Mail Addres*: p.o. box 2192s Seanle, Washington 98111-3926 (206) 628-6600 J 1 Identify the date, if any, on which you ceased the sale of asbestos-containing products. 2 RESPONSE: 3 By 1975, Kaiser Gypsum's Seattle plant ceased to manufacture products containing asbestos. 4 INTERROGATORY NO. 6: 5 For each product identified in response to Interrogatory No. 4, identify all warnings you 6 employed to protect the purchasers said products from asbestos-related harm including in your answer 7 the text of said warning and the date on which it commenced. 8 RESPONSE: 9 Beginning in 1972, Kaiser Gypsum affixed caution labels to the packages and containers or its 10 asbestos-containing products. The warning label, as prescribed by OSHA, read: 11 CAUTION: contains asbestos fibers; avoid creating dust; breathing asbestos dust may cause serious bodily harm. a 12 J 13 14 15 16 INTERROGATORY NO. 7: - 17 State the date on which you learned that asbestos poses a hazard to human health. 18 RESPONSE: 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 20 overbroad, and assumes that any type of asbestos, in any,condition or in any amount, poses a hazard 21 to human health. 22 Without waiving said objections, Kaiser Gypsum responds that it became aware generally 23 sometime in the 1970s that Users of some asbestos-containing building products could be at risk of 24 inhaling quantities of respirable asbestos fibers sufficient to pose a potential hazard to their health. |25 INTERROGATORY NO. 8: KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 5 S2-585596.1 wnEams, Kastoer & cabs rixc Two Union Square, Suite 4100 Mai! Addrew: P.O.Box 21926 Seattle, Whington 98111-3926 (205) 628-6600 1 Identify all measures you employed to protect the users of your asbestos-containing products 2 from any asbestos-related harm. 3 RESPONSE: 4 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 5 overbroad, and not sufficiently limited in time or scope. Without waiving said objections, Kaiser 6 Gypsum responds that it placed warning labels on its asbestos-containing products upon learning that 7 such products posed potential health hazards to end users. 8 INTERROGATORY NO. 9: 9 Identify all measures you employed to protect your employees from any asbestos-related harm. 10 RESPONSE: 11 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, f,12 and overbroad. Further, Kaiser Gypsum is informed and believes that plaintiff was neither employed 13 by Kaiser Gypsum, nor present at any of its plants at any time. Thus, events occurring at any Kaiser 14 Gypsum plant have no relevance to the conditions allegedly experienced by plaintiff. Therefore, this 15 interrogatory is not reasonably calculated to lead to the discovery of admissible evidence. 16 INTERROGATORY NO. 10: 17 Identify all trade publications to which you subscribed between 1950 and 1978. 18 RESPONSE: 19 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 20 overbroad, and unintelligible as to the word "trade publications". Furthermore, this interrogatory 21 contemplates years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably 22 calculated to lead to the discovery of admissible evidence. Without waiving said objections, Kaiser 23 Gypsum responds that it is informed and believes it was a member of the Gypsum Association from 24 approximately 1952 to approximately 1978, and believes it may have received its publications. 25 INTERROGATORY NO. 11: KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 6 S2-585596.1 &WHKan, K^tner gm* pllc Two Union Square, Suite 4100 mu Addrew: r.o. Box 21926 Seattle, Washington 98II1-3926 (206) 628-6600 1 Do you maintain a computerized listing of the sales of your asbestos-containing products? If so, describe the information stored on said computer including whether said sales are broken down by 2 geographic area, the type of computer program and the manner in which specific sales information can be retrieved. 3 RESPONSE: 4 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 5 overbroad in time,- place, and scope. Furthermore, this interrogatory calls for information which seeks 6 to invade the purview of the attorney-client privilege and doctrine of attorney-work product. 7 INTERROGATORY NO. 12: 8 For each asbestos product identified in response to Interrogatory 4, state the gross sales 9 of said product in the State of Oregon between 1965 and 198C-. 10 RESPONSE: 11 Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome, 12 harassing, vague, ambiguous, overbroad and unintelligible as written. Additionally, this interrogatory 13 seeks information regarding time periods when Kaiser Gypsujm was either not in business, was not 14 selling to the State of Oregon, and/or was not manufacturing asbestos-containing products. Thus, this 15 interrogatory is not reasonably calculated to lead to the discovery of admissible evidence. Further, 16 Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years. 17 INTERROGATORY NO. 13: 18 For each asbestos product identified in response to Interrogatory No. 4, identify the entity from whom you purchased the asbestos for use in said product. 19 RESPONSE: 20 Kaiser Gypsum is informed and believes that the following at one time or another were its 21 suppliers of chrysotile asbestos: 22 1. John K. Bice __ 23 2. Harrison & Crosfield 24 3. Carmonia Chemical Company 25 KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 7 S2-585596.1 waw, Kast^r & cab* pllc Two Union Square, Suite 4100 Mii Addreu: p.o. box 21926 Seattle, Wellington 98111-3926 (206) 628-6600 1 4. Philip Carey Corporation (Carey Canadian Asbestos) 2 5. Western Chemical Company 3 6. Johns-Manville ' 4 7. Union Carbide 5 8. E.S. Browning 6 9. Loomis Chemical Company 7 10. Benson Chemical 8 11. Paul W. Wood (Johns-Manville) 9 10 INTERROGATORY NO. 14: 11 Identify the legal relationship between Kaiser Gypsum Corporation and Kaiser Cement Corporation. 12 RESPONSE: 13 Kaiser Gypsum objects to this interrogatory on the grounds that.it is vague, ambiguous, 14 overbroad, and unintelligible as written, as there was no such entity as "Kaiser Gypsum Corporation". 15 Furthermore, this interrogatory is vague and ambiguous as to "legal relationship" and calls for "legal" 16 opinion beyond the scope of responding defendant's knowledge. Without waiving said objections, and 17 as Kaiser Gypsum understands this question, Kaiser Gypsum responds, it was a wholly-owned 18 subsidiary of Kaiser Cement Corporation. 19 20 21 INTERROGATORY NO. 15: 22 For each year between 1955 and 1975, identify the plant manager of your Seattle plant and 23 his/her four principal subordinates. 24 RESPONSE: 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 8 S2-585596.1 Wffllams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O.Box 21926 Seattle, Washington 98111-3926 (206) 628-6600 1 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and 2 overbroad. Without waiving said objections, Kaiser Gypsum responds that, as of November 1, 1970, 3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich. At this juncture, Kaiser Gypsum is 4 unable to discern who the plant manager's "four principal subordinates" would have been. Thus, 5 discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response, i 6 should further information be discovered. 7 INTERROGATORY NO. 16: 8 9 10 11 -J12 13 14 15 16 17 18 19 20 21 22 23 24 ... For each year between 1955 and 1975, identify the plant manager of each of your Oregon plants and his/her four primary subordinates RESPONSE: Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, overbroad as to time, place and scope. Further, this interrogatory is not reasonably calculated to lead to the discovery of admissible evidence, as Kaiser Gypsum's Oregon plant never made the types of asbestos-containing products at issue in this case. Without waiving said objections, Kaiser Gypsum responds that as of November 1, 1970, the manager of Kaiser Gypsum Oregon plant was J. Cassidy. At this juncture, Kaiser Gypsum is unable to discern who the plant manager's "four principal subordinates" would have been. Thus, discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response, should further information be discovered. INTERROGATORY NO. 17: Identify all contracts and/or re-branding agreements between you and Owens-Coming Fiberglas including in your answer the date said contract was entered into, the terms of said contract and the dates that said contract was in effect. RESPONSE: Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and overbroad as to time, place and scope. Without waiving said objections, Kaiser Gypsum responds KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 9 S?-SRW6 1 WBEams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (2061 628-6600 1 that, it never had a "contract and/or rebranding" agreement with Owens-Coming Fiberglas as to the 2 types of products at issue in this litigation. 3 I INTERROGATORY NO. 18: ' 4 For each of the following individuals (named in Documents PLTF 001 - PLTF 1384) please state (a) the individual's full name; 5 (b) whether they are alive or deceased; (c) their current address and telephone number or, if you do not know these individuals' 6 current address, their last known address; (d) what position, they held in your company; 7 (e) whether they are currently employed by you. 8 R.L.Allgood L. Beck 9 L.M. Bryan J.W. Blewett 10 C.E. Caprye R.C. Crowle 11 G.J. Chavalas D.R. Canham )12 J.D. Cassidy J.D. Chambers 13 P.D. Crelman H.C. Dupuis 14 G.C. David N.D. Dicks 15 L.R. Flicker P.J. Franklin 16 P.T. Framlom J.W. Glweitt 17 R.W. Grigg C.R. Grimme 18 J.M. Garoutte D.H. Homan 19 ' J.P. Hughes P.A. Hawkins 20 W.D. Hopper ' R.J. Hoffman 21 R.L. Jones G. James 22 J. B. Kirk R.L. Murh 23 J.F. Modaff ' Richard Madden 24 William McKinnon B.J. Murphy P.D. Orleman ` , . ' . . KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 10 S2-5B5596.1 wa&uns, Kastoer & cabs pllc Two Union Square, Suite 4100 Mail Address: P.O.Box 2192s Seattle, Washington 98111-3926 <2061 628-6600 1 J.W. Post G.M. Perry . 2 J.K. Parker J.C. Reilly 3 C.F. Radier ' E.N. Reddick 4 J.P. Rohrer A1 Raffaelli 5 Mike Slavich F.H. Schaper 6 T.V. Smith E.M. Schaper 7 E.W. Schaper S. Steffens 8 J. Schlenner J.H. Scheahan 9 A.J. irommershausan W.L. Traub 10 S.R. Witt R.J. Wibom 11 H.L. Weightman J.I. Walker 12 J.H. Walton V. Whitecage 13 RESPONSE: . 14 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 15 overbroad, burdensome, oppressive, and violative of said employees' rights to privacy. Given the fact :16 that Kaiser Gypsum has not manufactured a product since 1978, there is no one currently employed who 17 is able to identify the full names of said individuals, their names and addresses, any positions which 18 they may have held or whether they are living or dead. Additionally, Kaiser Gypsum objects to this 19 interrogatory on the grounds that it is not reasonably calculated' to lead to the discovery of admissible 20 * evidence. See response to Interrogatory No. 19. 21 22 INTERROGATORY NO. 19: 23 For each individual identified in Interrogatory 18, state whether that person has ever been 24 deposed in asbestos-related litigation and identify the case, jurisdiction, cause number and the attorneys who represented the defendant and plaintiff at said deposition. 25 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 11 SP-SJWOA 1 Wffluuns, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Maa Address: P.O.Box 21926 Seattle, Washington 98111-3925 nnx\ A'tQ *<t\a 1 RESPONSE: 2 Kaiser Gypsum incorporates its response to Interrogatory No. 18 as though fully set forth herein. 3 Without waiving said objections, Kaiser Gypsum responds that W.L. McKinnon, former research 4 engineer, was deposed on August 2, 1984 in the following case: Robert Butts v. Kaiser Gypsum 5 Company, Inc., et al., Contra Costa Superior Court No. 251401; Harlan C. Dupuis, former manager 6 of research and development, was deposed on April 16, 1985 in the following case: Kathryn Maksim 7 v. XJSG, et al., San Francisco County Superior Court Case No. 768674; Thomas V. Smith, former 8 technical advisor for accessory products was deposed on March 11, 1992 in the following case: 9 Michael Richie, et al. v. Raybestos Manhattan, et at., San Francisco Superior Court No. 933324; 10 Richard C. Crowle, former merchandising manager, was deposed on July 26, 1995 in the following 11 case: Central Weslyn College v. W.R. Grace, et al., U.S. District Court, District of South Carolina, )12 Charleston Division, Civil Action No. 2:87-1860-8. The attorneys who represented the various parties 13 at those depositions are identified in the transcripts. , 14 INTERROGATORY NO. 20: ' 15 Your attention is directed to documents PLTF 0001 to PLTF 1384 that were served upon your counsel by the undersigned in the Winter of 1998. If you contend that any of the foregoing documents 16 is not genuine, set forth the factual and legal basis for your contention. 17 RESPONSE: 18 Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 19 overbroad, and unduly burdensome. Without waiving said objections, Kaiser Gypsum responds that, 20 as to those documents authored by or directed to Kaiser Gypsum, Kaiser Gypsum does not contest their 21 genuineness. However, Kaiser Gypsum is unable to attest to the genuineness of any document not 22 authored or directed to Kaiser Gypsum, including, but not limited to, the following documents: PLTF 23 0001 through PLTF 0003; PLTF 0366 to PLTF 0372. Additionally, Kaiser Gypsum cannot attest to 24 the genuineness of any document referring to Permanente Cement, Kaiser Cement and Gypsum |^25 Company or Kaiser Cement Corporation. KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 12 S2-585596.1 wnHams, Kasim* & cabs fllc Two Union Square, Suite 4100 Mail Add**,: p.o. Box 21926 Seattle, Washington 98111-3926 12061628-6600 1 INTERROGATORY NO. 21: 2 Identify every person who supplied information to answer these Interrogatories including in your 3 answer the specific interrogatory for which each person supplied information. 4 RESPONSE: 5 As previously stated above, Kaiser Gypsum ceased all marketing activities in 1978, thus no one 6 person associated with Kaiser Gypsum provided information for a specific interrogatory herein. The 7 information provided in response to the interrogatories comes from a collection of information gathered 8 throughout the years from various different sources. 9 10 11 REQUEST FOR PRODUCTION vr.. 12 1. 13 Produce all documents in your possession that were generated before 1978 and refer or relate to any-human health hazard associated with asbestos including, but not limited to, memoranda, letters, journal articles or notes. 14 RESPONSE: 15 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and 16 not limited in time, scope, or location. Furthermore, this request is burdensome and oppressive and 17 assumes that Kaiser Gypsum possesses such documents. Without waiving objections, Kaiser Gypsum 18 refers plaintiff to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's 19 counsel in the Winter of 1998. ' 20 21 2. 22 Produce minutes of all meetings of your Board of Directors held between 1950 and 1980 that refer or relate to your asbestos-containing products. 23 24 ^25 RESPONSE: KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 13 WHKaros, Kastaer & Gibbs FLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 nrvct 1 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and 2 not reasonably limited in time, scope, or location. Furthermore, this request is violative of Kaiser 3 Gypsum's right to privacy as a privately held corporation and seeks information which is proprietary 4 in nature. Additionally, this request is vague and ambiguous as to "refer or relate to". Without 5 waiving objections, Kaiser Gypsum responds, as it understands the request, that none of the minutes 6 of its Board of Directors' meetings "refer or relate to" its asbestos-containing products. 7 8 3. . Produce, for inspection and copying, original copies of all documents used to promote the sale of any product identified in response to Interrogatory 4, including, but not limited to, catalogues, 9 magazine advertisements, product lists, photographs, technical specifications and flyers. 10 RESPONSE: 11 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, U2 // unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus 13 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. 14 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF1384, 15 which were served upon responding defendant's counsel in the Winter of 1998. 16 17 4. 18 Produce all manuals, specifications and instructions that you provided to the customers of any asbestos-containing products sold by you between 1965 and 1978. 19 RESPONSE: ' 20 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, 21 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus 22 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. 23 Moreover, plaintiff has testified that he did not pay attention to or read any literature regarding any 24 products used by other trades. Thus, this interrogatory is not reasonably calculated to lead to the KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 14 Sl-SRWOA 1 wmw, Kastner & cabs rixc Two Union Square, Suite 4100 mu Add*..: r.o. Boxiisie Seattle, Washington 98IU-3926 (1061 628-6600 1 discovery of admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to 2 documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the 3 Winter of 1998. ' 4 5 5. 6 Produce all documents that refer or relate to your decision to stop manufacturing asbestos- containing products including, but not limited to, board minutes, technical and safety advisories and unprivileged legal opinions. . 7 RESPONSE: 8 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, 9 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus 10 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. 11 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, r which were served upon responding defendant's counsel in the Winter of 1998. 13 14 6. 15 Produce for inspection and copying, original photographs of all products identified in response to Interrogatory 4 in their packaged form. 16 17 18 RESPONSE: 19 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, 20 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus 21 seeks information which is not reasonably calculated to lead to the discovery of admissible evidence. 22 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, 23 which were served upon responding defendant's counsel in the Winter of 1998 24 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 15 S2-585596.1 WHHanu, Kastner & Gibbs FLLC Two Union Square, Suite 4100 Mail Address: P.O.Box 21926 Stanle, Washington 98111-3926 rcoffv (v.x-txon 1 7. 2 Produce deposition or trial transcripts of any individual identified in Interrogatory 18 in any asbestos-related litigation. . 3 RESPONSE: 4 Kaiser Gypsum would be willing to produce any deposition or trial transcripts of any individuals 5 identified in its response to Interrogatory 18 at a mutually convenient location at the expense of 6 propounding party. 7 8 INTERROGATORIES AND REQUESTS FOR PRODUCTION SUBMITTED this 14th day of 9 May, i998 10 WEINSTEIN & BERGMAN 11 Matthew P. Bergman, WSBA #20894 13 14 15 16 17 18 19 20 21 22 23 24 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 16 SH-585596.1 WKEams, Kastaer & Gibbs PLLC Two Union Squire. Suite 4100 Mail Address: P.O.Box21926 Seattle, Washington 98111-3926 12061 628-6600 1 KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO 2 DEFENDANT KAISER GYPSUM COMPANY, INC. 3 VERIFICATION 4 5 I am an authorized representative of Kaiser Gypsum Company, Inc. and am authorized to make 6 this affidavit on its behalf. I have read the foregoing responses to interrogatories and requests for 7 production and believe the responses to be correct. 8 9 By. 10 II SUBSCRIBED AND SWORN TO before me on the AH' day ofduitorf~l 998. 12 13 14 Notary Public in and for the Spate of ( Y residing at 15 - My commission expires^ 16 lDIANE MARIE HAYES 17 COMM. *1185147 i> ITAHY PUBLIOCAUFORNIA 0 CONTRA COSTA COUNTY Q 18 COMM. EXP. MAY 29,2002 :* 19 20 21 22 23 24 25 Sylvin W. Pickner and Evelyn L Pickner v. Owens Corning, et al. King County, Washington Case No. 98-2-09390-1 SEA 15. EXHIBIT A As of October 1953, the following were officers/directors of Kaiser Gypsum Company, Inc.: Henry J. Kaiser L. S. Corey E. H. Heller D. V. McEachem E. E. Trefethen, Jr. G. J. Shea H. W. Morrison W. Marks W. A. Marsh C. R. Olsen Paul S. Marrin C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun - . As of September 1954, the following were officers/directors of Kaiser Gypsum Company, Inc.: . Henry J. Kaiser E. E. Trefethen, Jr. H. W. Morrison G. J. Shea D. V. McEachem E. H. Heller A. Christensen W. Marks Alan. Christensen W. A. Marsh Coral R. Olsen Peter S. Hass C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun . Paul Marrin -f S2-585585.1 -1- As of October 1955, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen G. J. Shea E. H. Heller D. V. McEachem E. E. Trefethen, Jr. Henry J. Kaiser W. Marks Claude E. Harper W. A. Marsh Paul Rogers Bryce Simpson Chad F. Calhoun Paul S. Marrin As of November 1956, the following were officers/directors of Kaiser Gypsum Company, Inc.: E. H. Heller Edgar F. Kaiser Henry J. Kaiser W. A. Marsh D. V. McEachem G. J. Shea E. E. Trefethen, Jr. W. Marks A. D. Christensen H. W. Morrison Claude E. Harper W. A. Marsh Carl Olsen V. E. Cole Paul Rogers Bryce Simpson Paul S. Marrin Chad F. Calhoun . ' . ' ' S2-585585.1 -2- As of October 1957, the following were officers/directors of Kaiser Gypsum Company, Inc.: E. H. Heller Henry J. Kaiser Edgar F. Kaiser W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea E. E. Trefethen, Jr. William Marks Claude E. Harper V. E. Cole R. A. Costa Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Martin Chad F. Calhoun Bryce Simpson , . , As of August 1958, the following were officers/directors of Kaiser Gypsum Company, Inc.: E. H. Heller W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea E. E. Trefethen, Jr. A. Christensen Henry J. Kaiser Edgar F. Kaiser William Marks Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Mania . Chad F. Calhoun Claude E. Harper ' ; S2-585585.1 -3- Bryce Simpson R. A. Costa As of December 1959, the following were officers/directors of Kaiser Gypsum Company, Inc.: . A. Christensen E. H. Heller W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Hairy J. Kaiser Edgar F. Kaiser D. V. McEachem William Marks W. A. Marsh William Marks Chad F. Calhoun Robert Costa Claude E. Harper Paul S. Manin Carl Olsen -Paul Rogers Bryce Simpson . As of December 1960, the following were officers/directors of Kaiser Gypsum Company, Inc.: ' A. Christensen E. H. Heller Henry J. Kaiser Edgar F. Kaiser William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Chad F. Calhoun Robert Costa Claude Harper. . Paul S. Martin Carl Olsen . - Paul Rogers Bryce Simpson As of November 1961, the following were officers/directors of Kaiser Gypsum Company, Jhc.: . A. Christensen William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. E. H. Heller Henry K. Kaiser Edgar F. Kaiser W. A. Marsh John Bosche Chad F. Calhoun R. A. Costa J. J. Hague Claude E. Harper Paul S. Martin Carl Olsen E. F. Schaper Bryce Simpson , ' As of December 1962 the following were officers/directors of Kaiser Gypsum Company, Inc.: . A. Christensen Peter S. Hass Edgar F. Kaiser William Marks Wallace Marsh H. W. Morrison E. E. Trefethen, Jr. Henry J. Kaiser G. J. Shea W. A. Marsh William Marks John Bosche .. . Chad F. Calhoun R. A. Costa . - S2-585585.1 -5- J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson As of December 1963, the following were officers/directors of Kaiser Gypsum Company. Inc.: A. Christensen Peter S. Hass Henry J. Kaiser William Marks W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Edgar F. Kaiser W. A. Marsh William Marks . John Bosche K. A. Conningham R. A. Costa J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson ' As of December 1964, the following were officers/directors of Kaiser Gypsum Company, Inc.: - A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Martin Gilbert Shea E. E. Trefethen, Jr. H. W. Morrison . Edgar F. Kaiser Henry J. Kaiser 5-s?V *i S2-585585.1 ' ' ~` 6- - D. A. Rhoades J. A. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson - As of December 1965, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. Christensen Peter S. Hass Claude E. Harper Edgar F. Kaiser Henry J. Kaiser William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades Gilbert Shea E. E. Trefethen, Jr. -Henry J* Kaiser H. W. Morrison William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson ' As of December 1966, the following were officers/directors of Kaiser Gypsum Company, Inc.: . ' J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass- r Edgar F. Kaiser Henry J. Kaiser S2-585585.1 -7- William Marks Paul S. Mairin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen, Jr. William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson . ' As of December 1967, the following were officers/directors of Kaiser Gypsum Company, hie.: J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass J William Marks Paul S. Marrin Lloyd L. Mazzera D. A. Rhoades G. J. Shea E. E. Trefethen, Jr. Edgar F. Kaiser William Marks John H. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson ' ' ' ' As of December 1968, the following were officers/directors of Kaiser Gypsum Company, Inc.: A. D. Christensen Claude Harper S2-585585.1 -8- Peter Hass Lloyd Mazzera D. A. Rhoades J. B. Bonny G. J. Shea John F. Shea E. E. Trefethen, Jr. John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson - . As of December 1969, the following were officers/directors of Kaiser Gypsum Company, Inc.: J. B. Bonny Claude Harper Peter Hass William Marks Lloyd Mazzera D; A. Rhoades E. E. Trefethen, Jr. A. D. Christensen Edgar F. Kaiser Gilbert Shea John Shea . John Bosche K. A. Conningham R. A. Costa R. A. Crowle Paul J. Franklin J. J. Hague E. H. Schaper Bryce Simpson . ' ' As of December 1970, the following were officers/directors of Kaiser Gypsum Company, Inc.: Edgar F. Kaiser E. E. Trefethen, Jr. S2-5B5585.1 -9- Peter Hass John Bosche K. A. Conningham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague E. H. Schaper Bryce Simpson R. G. Hohnsben . J. B, Bonny A. D. Christensen Claude Harper Peter Hass Edgar F. Kaiser "William Marks Lloyd Mazzera D. A. Rhoades John Shea E. E. Trefethen, Jr. ' . . As of December 1971, the following were officers/directors of Kaiser Gypsum Company, Inc.: J. B. Bonny Alan Christensen Claude Harper Peter Hass Edgar Kaiser William Marks D. A. Rhoades John Shea E. E. Trefethen, Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker ' . ' ' S2-585585.1 -10- James C. Really E. H. Schaper Bryce Simpson As of December 1972, the following were officers/ directors of Kaiser Gypsum Company, Inc.: . Garfield O. Anderson J. B. Bonny Alan Christensen Peter Hass Claude Harper Edgar Kaiser William Marks Walter E. Ousterman, Jr. James Reilly D. A. Rhoades John Shea Alfred Yee E. E. Trefethen, Jr. John Bosche K. A. Conningham Robot Costa Richard Crowle C. W. Eshelman Paul Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper . . As of December 1973, the following were officers/directors of Kaiser Gypsum Company, Inc.: Garfield Anderson Alan Christensen Claude Harper Peter Hass Edgar Kaiser Walter Ousterman James Reilly John Shea ' ' S2-585585.1 -11- E. E. Trefethen, Jr. William M. Witter Alfred A. Yee JohnBosche A. B. Brown, Jr, K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper - As of December 1974, the following were officers/directors of Kaiser Gypsum Company, Inc.: Garfield Anderson G. J. Chavalas Alan Christensen Robert Costa Peter Hass Walter Ousterman James Reilly William R. Roesch John Shea E. E. Trefethen, Jr. William Witter Edgar Kaiser Alfred Yee John Bosche A. B. Brown D. R. Canham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker E. H. Schaper ' * ' ' ` S2-585585.1 12 - - As of December 1975, the following were officers/directors of Kaiser Gypsum Company, Inc.: Edgar Kaiser E. E. Trefethen, Jr. Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William R. Roche John Shea William M. Witter Alfred Yee ... A. B. Brown, Jr. T. P. Heffelfinger D. W. Henning R. G. Hohnsben D. B. Hunn J. G. Nelson W. E. Ousterman J. K. Parker -J. C. Reilly Genevive Robbins P. T. Smith J. I. Walker . . , ' As of December 1976, the following were officers/directors of Kaiser Gypsum Company, Inc.: . Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William Roche John Shea E. E. Trefethen, Jr. William Witter Alfred Yee Edgar Kaiser - ' ' S2-585585.1 -13- A. B. Brown Ann L. Farley Mary L. Glenn T. Heffelfinger R. G. Hohnsben D. B. Hunn J. G. Nelson J. K. Parker J. C. Reilly J. P. Rowe P. T. Smith J. I. Walker S2-585585.1 -14- PRIVILEGED AND C0NEBDENTL4L INFORMATION This document contains personal information obtained from personnel files of former employees of Kaiser Gypsum Company, Inc. ("Kaiser Gypsum"). Such information may be protected by the privacy laws of various states and is only being disclosed because its disclosure has been ordered by the Honorable Robert Lasnik for use in the below-referenced lawsuit. Any further use or dissemination of the below personal information outside of the purposes of the below-referenced lawsuit has not been authorized by the Honorable Robert Lasnik. Accordingly, any person who uses or disseminates the below personal information beyond the purposes and needs of the below-referenced lawsuit does so at his or her exclusive peril, and with the knowledge and understanding that such use or dissemination may subject them to personal liability in the event any such former employee brings a claim or lawsuit for the breach of their privacy rights. RE: Sylvin Pickner v. Kaiser Gypsum King County Superior Court, Washington, No. 98-2-09390-1SEA Plaintiffs Interrogatory No. 18--Names and Addresses of Purported Employees R.L. Allgood: Robert Allgood, former plant manager, Antioch, L. Beck: Leroy Beck, former senior buyer, L.M. Bryan: Leon Bryan, manager, advertising,] J.W. Blewett: John Blewett, former manager of manufactured products,! C.E. Caprye: Charles Caprye, former plant manager, Seattle. R.C. Crowle: Richard Crowle, former vice president-of merchandising. G.J. Chavalas: Gus Chavalas, deceased. S2-6CC03G.i CONTTDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT -1- READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT D.R. Canham: Dean Canham, Kaiser Cement sales and marketing, | J.D. Cassidy: John Cassidy, deceased. J.D. Chambers: Unknown. P.D. Crelman: Unknown. " H.C. Dupuis: Harlan Dupuis, manager, research and development] G.C. Davis: Kaiser Cement regional sales! N.D. Dicks: Norman Dicks, Seattle operatiot L.R. Flicker: Leonard Flicker, deceased. P.J. Franklin: Paul Franklin, vice president, manufacturing,] P.T. Framlom: Unknown. J.W. Glweitt: Unknown. * R.W. Grigg: Ralph Grigg, deceased. C. R. Grimme: Conley Grimme, Kaiser Cement,] J.M. Garoutte: Former Kaiser' Cement plant superintendent, deceased. D. H. Homan: Don Homon, purchasing, j J.P. Hughes: Unknown. P.A. Hawkins: Peter Hawkins, former Kaiser Cement manager , SJo ' " 1 W.D. Hopper: William Hooper, Kaiser Cement, S2-50CC30.1 conttoenttal information DO NOT DISCLOSE OR USE WITHOUT -2- READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT R.J. Hoffman: Ralph. Hoffman, position unknown, .A R.L. Jones: Robert Jones, Kaiser Cement,^P^HHH G. James: George James, former plant superintendent ' J,B. Kirk: Unknown. , R.L. Murh: Unlsiown. J.F. Modaff: James Modaff, former plant manager, Delanco,'deceased. Richard Madsen: Former director of advertising, William McKinnon: Former senior research engineer, B.J. Murphy: Bob Murphy, former vice president of sales, '52. P.D. Orleman: Deceased. . J.W. Post: James Post, former manager of process engineering 7# S2-600030.1 CONFIDENTIAL INFORMATION DO NOT DISCLOSE OR USE WITHOUT -3- READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT A1 Rafaelli: Former senior research chemist, Mike Slavich: Former plant manager, Seattle, deceased. F.H. Schaper: Unknown. . T.V. Smith: Thomas Smith, former supervisor of accessory research, Antioch, E.M. Schaper: Unknown. E.W.'Schaper: Unknown. S. Steffens: Stanley Steffens, position unknown, 5 J. Schlenner: John Schlenner, position unknown. J.H. Scheahan: Unknown. A.J. Trommershausan: Unknown. W.L. Traub: William Traub, office manager Antioch, S.R. Witt: Samuel Witt, deceased. H.L. Weightman: Howard Weightman, deceased. J.I. Walker: Deceased. J.H. Walton: Joseph Walton, former director of personnel and safety, Kaiser Cement corporation, V. Whitecage: Vincent Whitecage, former buyer, Jacksonville, 7| S2-60003C.1 CONHDENTLAJL INFORMATION DO NOT DISCLOSE OR USE WITHOUT READING THE DISCLOSURE AT THE BEGINNING OF THIS DOCUMENT