Document ky0Mw0bR308ggr4XaQw9jDJV

AO MO iMv '<401 twnwsn* i* O* ^nrteh States district Court WESTERN______________________DISTRICT OF___________OKLAHOMA PATRICK W. COX, Personal Representative of the Estate of BLYSS E. COX, deceased. SUMMONS IN A CIVIL ACTION V. CASE NUMBER: CONOCO, INC., a Delaware Corporation, TO:pi*TM"*" o*'*'vn*|i CONOCO, .INC. Registered Agent: The Corporation Company 735 First national Building Oklahoma City, Oklahoma 73102 YOU ARE HEREBY SUMMONED and required to file with the Clerk of this Court and serve upon PUUNTIFrs ATTORNEY -..t, JAMES B. BROWNE, OBA #1235 BROWNE 4 ASSOCIATES 2335 Northwest 12th Street Oklahoma City, OK 73107 Telephone: 405-557-0077 ANTHONY ROISMAN COHEN, MILSTEIN & HAOSFELD 1401 New York Ave., N.W. Suite 600 Washington, D.C. 2005 an answer to the complaint which is herewith served upon you, within20days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be token against you for the relief demanded in the complaint. CUEftK BV DEPUTY CLERK DAT? o000^3i 4052336651 FPGE.C: ABSTRACT OF ALLEGATION 1. Plaijt Site fWhiclv.Received the/Allegation: y____. ---pSf - /Y^rjT'. (Name, of ^Site) T ~7 ~ | /" . ts ^Al-vW- (Aadress of Site) 2. Date Allegation Was Received at the Site: _____________________ . 3. Implicated Substance (specific chemical, mixture, article, company process/operation, or site discharge)-. /C 4. Description of the Alleger {e.g., "company employee "individual consumer"plant neighbor"): fp/77 5. Description of Alleged Health Effects jjjincluddng how the effect became known and the route of exposure, if explained (JK. 6. Description of the Nature of the Alleged Environmental Effect (identifying the affected plant and/or animal spe cies, or contaminated portion of the physical environment): oV3 qQ File as subfile to .202.1/2/5 labelled: 202.1/2/5 Site Emis'sion, Effluent or Otljer Discharae (Residual hyrodrocarbons and byproducts) Retain 5 years ABSTRACT OF ALLEGATION 1. Plant Site which Received the Allegation: Allegation received in Houston, Legal Department, 600 N. Dairy Ashford, Houston, TX 77079. 2. Date Allegation Was Received at the Site: June 14, 1992 3. Implicated Substance (specific chemical, mixture, article, company process/operation, or site discharge): Refinery "emissions, discharges, and leakage." (Sub stances: residual hydrocarbons, including diesel, gasoline, propane, butane, lube oil, grease, petroleum coke, kerosene, and their derivatives, and byproducts into soil, surface water, air, and groundwater; air emissions of sulfur dioxide, carbon monoxide, particulate matter, volatile organic compounds such as benzene and xylene, and heavy metals such as lead, chromium, nickel, arsenic, selenium, and mercury.). 4. Description of the Alleger (e.g"company employee," "individual consumer, " "plant neighbor"): Plant neighbor. Alleged affected party is female, date of birth not specified in allegation. 5. Description of Alleged Health Effects (including how the effect became known and the route of exposure, if explained in the allegation): It is alleged that decedent died of lymphoma May 7, 1990. and/or 6. Description of the Nature of the Alleged Environmental Effect (identifying the affected plant and/or animal spe cies, or contaminated portion of the physical environment): N. A. 7. Result of any self-initiated investigation: See litigation file: Patrick Cox v. Conoco Inc., Legal docket no. C-1992-0099 maintained in the Legal Department. ABSTRACT OF ALLEGATION 1. Plant Site which Received the Allegation: Conoco Center (Name of Site) Houston, Texas (Address of Site) 2. Date Allegation Was Received at the Site: September 1991 3. Implicated Substance {specific chemical, mixture article, company process/operation, or site discharge): Benzene and toxic refinery chemicals 4. Description of the Alleger (e.g., "company employee," "individual consumer," "Plant neighbor"): Plant neighbor 5. Description of Alleged Health Effects (including how the effect became known and the route of exposure, if explained in the allegation): Refinery pollutants, including benzene, caused granulocytic leukemia. and/or 6. Description of the Nature of the Alleged Environmental Effect (identifying the affected plant and/or animal species, or contaminated portion of the physical environment): N/A 7. Result of any self-initiated investigation: Incident is deemed to be recordable per TSCA/Section 8c. SHEA TSCA Files March 1994 000018410 MOD #9324-17 EXHIBIT "A* RECEIVED UNITED STATES DISTRICT COURT SEP 0 6 199V FOR THE WESTERN DISTRICT OF OKLAHOMA MARK R. ZEHLER ETHEL J. MILLS, as personal ) Representative of ) Ernest Noel Mills, Deceased, ) Plaintiff, ) ) vs. ) ) CASE NO.CIV-90-53 CONOCO INC., a Delaware ) ) corporation; ) Defendant. ) ) PLAINTIFF'S FIRST REQUEST TO DEFENDANTS CONOCO FOR PRODUCTION OF DOCUMENTS Pursuant to Rules 26 and 34 of the Federal Rules of Civil Procedure, Plaintiff, by and through her attorneys, hereby requests that Defendant Conoco provide and permit Plaintiff's counsel to inspect and copy each of the following documents within thirty (30) days of receipt of this request for documents. Production is to be made at the officers of James B. Browne, 2335 N.W. 12th Street, Oklahoma City, Oklahoma 73107-5605. DEFINITIONS 1. "Document" as used herein is used in its broadest sense, as expressed in Rule 34(a) of the Federal Rules of Civil Procedure, and specifically includes copies of every instrument or device by which, in which, through which, or on which information has been recorded, including those reflecting meetings, discussions or conversations; notes; letters; memoranda (including internal memoranda); manifests; tables; drawings; files; graphs; charts; maps; photographs; deeds; studies; data sheets; notebooks; books; appointment calendars; telephone bills; telephone messages; receipts; vouchers; minutes of meetings; pamphlets; computations; calculations; accounting statements; financial statements; voice recordings; computer printouts and discs; or any other device or media on which or through which information of any type is transmitted, recorded, or preserved. The term ''document*' also means every copy of a document when such copy is not an identical duplicate of the original. 2. "Person" as used herein is used in its broadest sense to include natural persons, public or private corporations and their subsidiaries or divisions, proprietorships, partnerships. Joint ventures, governmental entities, association, organizations, groups, trusts, estates and any other form of entity. Any reference herein to any "person," whether or not a party herein, that is a corporation, partnership, joint venture, or any entity other than a natural person, shall be constructed as including all past and present officers, directors, officers, employees, and agents or members of the Board of Directors of the entity. 3. "Toxic substance" or "chemical" as used herein refers to any toxic or hazardous substance or hazardous or industrial waste or chemical waste regulated at any level by the Untied States Environmental Protection Agency (OSHA). 4. "Release" means any planned or unplanned spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the ground, groundwater, surface water, or air (including the abandonment or discharging of barrels, containers and other closed receptacles containing any chemicals.) 5. "Refinery property" means the land owned or occupied by the Conoco Ponca City Refinery. 6. "Reflecting, referring, relating or pertaining to," or any part thereof, in addition to its other customary and usual meaning, means discussing, constituting, mentioning, assessing, embodying, recording, stating, concerning, describing, touching upon, or summarizing. 7. "And" and "or" shall be construed conjunctively or disjunctively as necessary to make the document request inclusive rather than exclusive; the singular shall include the plural and vice versa; the use of a verb in any tense shall be construed as the use of a verb in all other tenses whenever necessary to bring within the scope of these documents requests that might otherwise be construed to be outside their scope; and the term "including" shall mean including without limitation. INSTRUCTIONS 1. Each paragraph and subparagraph of these Document Requests should be construed independently and without reference to any other paragraph or subparagraph for the purpose of limitation. 2. If any requested document was but is no longer in your possession or subject to your control state what disposition was made of it. With respect to requested documents, documents prepared previous or subsequent to the appropriate periods but which relate or refer thereto are to be included. 3. The response to each Document Request is to be numbered 00001B413 riCD in a manner consistent with these Document Requests. 4. If any Document Request cannot be provided in full, it shall be provided to the extent possible, and an explanation shall be give as to why a full provision is not possible. 5. If only part of a document is responsive to a Document Request and the entire documents is produced, the response section of the document shall be indicated. 6. If any Document Request is objected to in part, for any reason, the remainder of the Document Request is to be provided in full. 7. In responding to the Document Request, furnish all information that is available, including information which is in the possession of any of Conoco's agents, contractors, employees or attorneys or otherwise subject to Conoco's custody or control. 8. If any claim of privilege is made, state the nature of the privilege and the precise grounds upon which the privilege is claimed, and (a) if a privilege is claimed as to any information called for, identify each person who has knowledge of such information; and (b) if a privilege is claimed as to a document required to be produced, state the author, preparer, recipient, date, type (e.g., letter, receipt, etc.), and subject matter of the document. __ 9. These Document Requests, except where otherwise specified, cover the period of time beginning with January 1, 1970, and continuing until the date the documents are produced and through completion of this litigation, unless otherwise specified in the individual Document Request. 0000^ \\CV 10. All responses must be supplemented as provided for in Rule 26(e) of the Federal Rules of Civil Procedure. DOCUMENTS TO BE PRODUCED 1. All documents that refer or relate to any releases of toxic substances or chemicals at or from the Refinery Property. 2. All documents that disclose or relate to the chemical composition of any release of toxic substances or chemicals at or from the Refinery Property. 3. All Documents that disclose or relate to the source, duration, and date of any releases of toxic substances or chemicals at or from the Refinery Property. 4. All documents that refer or relate to the facilities, equipment, or storage structures, whether or not they still exist, from which any of the releases referred to in Requests 1-3 originated or could have originated. 5. All documents that refer or relate to the operations or process, whether or not still in use, from which any of the releases referred to in Request 1-3 originated or could have originated. 6. All documents that refer or relate to any transfer of toxic substance or chemical (including chemical composition, quantity, date, source and destination) between Defendant and any other person or entity, whether by sale, lease, disposal, or as part of a service contract, between 1970 and the present. 7. All documents that refer or relates to facilities, equipment, storage structures, processes, or operations intended to control the release or potential release of toxic substances or chemicals at or form the Refinery Property. 8. All applications for permits to release any chemicals or to operate any facility, storage structure, or equipment filed by Defendant with any governmental agency --federal, state, county, city, or other. 9. All documents that refer or relate to the type, location, and method of operation of any testing, monitoring, analysis, sampling, quantifying, or other method of identifying the chemical composition, source quantity, duration or date of any release of toxic substances or chemicals at or from the Refinery Property. 10. All documents that refer or relate to the ownership or control of any testing, monitoring, analysis, sampling, quantifying, or other method of identifying the chemical composition, source, quantity, duration or date of any release of toxic substances or chemicals at or from the Refinery Property. 11. All documents that refer or relate to or disclose the results of any testing, monitoring, analysis, sampling, quantifying, or other method of identifying the chemical composition, source, quantity, duration or date of any release of toxic substances or chemicals at or from the Refinery Property. 12. All documents that refer or relate to or disclose the results of any testing, monitoring, analysis, sampling, quantifying, or other method of identifying the chemical composition, source, quantity, duration or date of any release of toxic substances or chemicals at or from the Refinery Property that have been provided to any government agency -- federal, state, county, city, or other. MCD 000018416 13. All documents that refer or relate to insurance coverage of Defendants by insurance carriers pertaining to issues of chemical exposure and chemical contamination of the environment. 14. All pleadings from any litigation or dispute filed in any state or federal court involving the Refinery Property and relating to chemical release, chemical exposure or damage to health or property associated with chemicals. 15. All documents that have been produced or used in any litigation or dispute filed in any State or Federal Court, whether or not such documents were admitted into evidence, involving the Refinery Property and relative to chemical release or air and/or ground water control, chemical exposure and/or damage to health or property associated with chemicals. 16. All documents from any dispute not filed in any State or Federal Court involving the Refinery Property that refer or relate to chemical release, chemical exposure or damage to health or property associated with chemicals. 17. All complaints from any source, government or private, regarding releases of toxic substances or chemicals at or from the Refinery Property or damages to property or health from such releases. 18. All complaints, notices of violation, citations, or orders from any government agency -- federal, state, county, city, or other --regarding compliance with environmental laws or control of releases of toxic substances or chemicals to the workplace or the environment. 19. All documents produced, whether entered into evidence or ' MCD 000018417 not, during any proceeding in that certain case styled "W. Mae Morgan, Mike A. Gallagher, and Patricia Gallagher, husband and wife, for themselves and as parents and next friends of David Isaac Gallagher and April Dawn Gallagher, minors, on behalf of themselves and all others similarly situated, Plaintiffs, v. Conoco, Inc., a Delaware corporation; Jupiter II Joint Venture, a Texas Joint Venture of Conoco, Inc., a Delaware corporation; Kerley Enterprises, inc., an Arizona corporation; and Kerley Agricultural Chemical Company, Defendants" and numbered 89-876-T in the United States Federal Court for the Western District of Oklahoma. Respectfully submitted. 2335 N.W. 12th Street Oklahoma City, Oklahoma 405/557-0077 73107 -and- JERRY S. COHEN ANTHONY Z. ROISMAN Cohen, Milstein, Hausfeld 1401 New York Ave., N.W., Washington, D.C. 20005 202/628-3500 ATTORNEYS FOR PLAINTIFFS & Toll #600 ttQD 000ie4l8 CERTIFICATE OF MAILIN This is to certify that on this "day of September, 1991, a true and correct copy of the above and foregoing instrument was mailed via certified mail to: Gary Davis, Esq. Stephen L. Deguisti 1800 Mid-American Tower 20 North Broadway Oklahoma City, OK 73102 and Mark Zehler, Esq. 600 N. Dairy, Suite 2170 Houston, TX 77079 Attorneys for Defendant, Conoco, Inc. Louis C. Woolf W. Kyle Carpenter Baker, Wworthington, Stansberry & Woolf Crossley, *0D ABSTRACT OF ALLEGATION 1. Plant: Site which Received the Allegation: A-" /"V / ./* /! y'' / =!_ J (Name of Site r^ -J-? * t--/-^_-J (Address of Site) ~ 2. Date Allegation Was Received at the Site: >-^-13 Cc-'~s> . /.<?$ '^ 3. Implicated Substance (specific chemical, mixture, article, company process/operation, or site discharge): i ^ .J* ^ ^ ^ o s- ~7 -d~ ~r <L A r~ <z. ) C3 (2 'tw > c. *- k ei U 4. Description of the Alleger (e.g., "company employee," "individual consumer, " "plant neighbor1')'. -t 5. Description of Alleged Health Effects (including how the effect became known and the route of exposure, if explained in the allegation)'. uJA A 1 and/or 6. Description of the Nature of the Alleged Environmental Effect (identifying the affected plant and/or animal spe cies, or contaminated portion of the physical environment): 7. Result of any self-initiated investigation: ___ f<V,v i (> ^ V) . & J* .> J< MCD 000018423