Document mmL8GaXwOQpbKjzpaw6K5yYBB

NO. 90G2055 WELDON R. MOAKE, and JANICE I. MOAKE; KEVIN R. MOAKE; DANA R. ASHLEY; and MACK K. MOAKE; Plaintiffs, VS. OWENS-CORNING FIBERGLAS CORPORATION (a/k/a OWENS CORNING CORPORATION), et al,, Defendants. IN THE DISTRICT COURT BRAZORIA COUNTY, TEXAS 239TH JUDICIAL DISTRICT REYNOLDS METALS COMPANY'S FIRST SUPPLEMENTAL OBJECTIONS AND RESPONSES TO PLAINTIFF WELDON RUSSELL MOAKE'S FIRST SET OF INTERROGATORIES, FIRST REQUEST FOR PRODUCTION AND FIRST REQUEST FOR ADMISSIONS Defendant Reynolds Metals Company ("Reynolds"), by counsel, files the following First Supplemental Objections and Responses to Plaintiff Weldon Russell Moake's First Set of Interrogatories, First Requests for Production, and First Request for Admissions. Reynolds incorporates by reference it's previous objections and responses and, based on further investigation, provides the following additional information: REQUEST FOR PRODUCTION NO. 6: Produce all records identifying contractors and/or the employees of contractors who were on your premises between the dates 1952 and 1989, including but not limited to sign-in-logs, gate records, visitor's logs, identification badge logs and procedures, and other documents of a similar nature. RESPONSE: 1 Reynolds incorporates its previous objections and responses to this Request. Subject to and without waiving its objections, no such documents for the relevant time period exist. REQUEST FOR PRODUCTION NO. 7: Produce all records pertaining to the methods and manner of identification of individuals entering and/or leaving your facilities, between the years 1952 and 1989, including but not limited to fingerprinting or other methods of identifying contractor employees at your premises, and specifically including any fingerprinting or other records identifying the Plaintiff. RESPONSE: Reynolds incorporates its previous objections and responses to this Request. Subject to and without waiving its objections, no such documents for the relevant time period exist. INTERROGATORY NO. 4: Identify the contractors who worked on your premises between the years 1952 and 1989 and for each, state: a. The type of work performed by the contractor b. The dates such work was performed; c. Identify your employee responsible for monitoring, verifying, or instructing concerning these services to be performed by such contractors. ANSWER: Reynolds incorporates its previous answers and objections to this Interrogatory. Subject to and without waiving its objections, Reynolds states that, during the relevant time period, Thorpe Insulation Company and/or Thorpe Products Company was the insulation subcontractor on work performed by three separate contractors, Lummus, Bechtel and Steams & Rogers. 2 Thorpe Insulation Company also was hired on occasion directly by Reynolds to perform insulation repairs and asbestos abatement. REQUEST FOR PRODUCTION NO. 8: Produce the contract documents pertaining to the contractors who performed services on Defendant's Premises between the years 1952 and 1989, including but not limited to invitations to bid, requests for proposals, bids, proposals, scope of work, specifications, blueprints, plans, acceptances, contracts, amendments, addenda, change orders, and other contract documents of a similar nature. RESPONSE: Reynolds Incorporates its previous objections and response to this Request. Subject to and without waiving its objections, relevant documents responsive to this request will be made available for Plaintiffs inspection and copying at a mutually convenient time and place. REQUEST FOR PRODUCTION NO. 24: Produce all documents reflecting payments made to contractors between the years 1952 and 1989, including Plaintiffs employer, including but not limited to invoices, bills, check requests, requisitions, canceled checks, or other documents of a similar nature reflecting payment for services rendered by Plaintiffs employer. RESPONSE: Reynolds incorporates its previous objections and response to this Request. Subject to and without waiving its objections, to the extent that any relevant documents responsive to this request exist, see response to Request for Production No. 8. 3 REQUEST FOR PRODUCTION NO. 43: If you deny the foregoing request, in whole or in part, produce ail documents supporting your denial. RESPONSE: Reynolds incorporates its previous objections and response to this Request. Subject to and without waiving its objections, to the extent that any relevant documents responsive to this request exist, see response to Request for Production No. 8. REQUEST FOR PRODUCTION NO. 44: If you deny the foregoing request, in whole or in part, produce all documents supporting your denial. RESPONSE: Reynolds incorporates its previous objections and response to this Request. Subject to and without waiving its objections, to the extent that any relevant documents responsive to this request exist, see response to Request for Production No. 8. REQUEST FOR PRODUCTION NO. 55: Produce all documents supporting the legal theories and factual bases of your defenses set forth in your response to Plaintiffs Request for Disclosure under Texas Rules of Civil Procedure 194.2, subparagraph (c). RESPONSE: 4 Reynolds incorporates its previous objections and response to this Request. Subject to and without waiving its objections, to the extent that any relevant documents responsive to this request exist, see response to Request for Production No. 8. REQUEST FOR PRODUCTION NO. 74: Produce all documents related to the medical condition of Weldon Russell Moake at anytime during his employment at Defendant's Premises. This request specifically includes any and all x-rays, x-ray reports, medical notes and/or medical records of any kind, annual physical forms, and employment records relating to Plaintiffs health. RESPONSE: Subject to Plaintiffs' agreement to pay a proportionate share of Reynolds' cost in retrieving the medical records and copying costs at $.30 per page, Reynolds will produce these documents. 5 REYNOLDS METALS COMPANY, By Counsel (as to Objections and Responses to Requestsfor Admission andfor Production): ------------ ------------------David Craig Landin (Texas Bar No. 11863720) John D. Epps (Texas Bar. No. 00796079) Eric G. Reeves (Texas Bar No. 24026170) HUNTON & WILLIAMS 951 East Byrd Street Riverfront Plaza, East Tower Richmond, Virginia 23219 (804) 788-8200 (804) 788-8218 (facsimile) R. Clay Hoblit (Texas Bar No. 09743100) CHAVES, GONZALES & HOBLIT, L.L.P. 2000 Frost Bank Plaza 202 North Carancahua Corpus Christi, Texas 78470 (512) 888-9392 (512) 888-9187 (facsimile) CERTIFICATE OF SERVICE I hereby certify that on September 22,2000, a true and correct copy of the above and foregoing instrument is being served by certified mail, return receipt requested, on the following Plaintiffs' counsel: William K. Tapscott, Esq. Baron & Budd, P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 All other known counsel of record are given notice of this pleading by regular United States mail only. z 6