Document nm10yZzMVvJRQXYKzY6eX7pD1

FILE NAME Marbletite PMM DATE 2012 Aug 20 DOC PMM006 DOCUMENT DESCRIPTION Legal - Answers to Plaintiff's Master Interrogatories IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI COUNTY FLORIDA ASBESTOS LITIGATION CASE NO 12-15235 CA 42 ALAN J. HANTAK and PATRICIA J. HANTAK Plaintiffs V. ABB INC et al Defendants NOTICE OF SERVICE OF ANSWERS OF DEFENDANT MARBLETITE MFG CO TO PLAINTIFFS MASTER INTERROGATORIES DIRECTED TO ALL DEFENDANTS Defendant Marbletite Mfg Co. by and through its undersigned attorneys herein gives notice of serving objections and responses to Plaintiffs Master Interrogatories directed to all Defendants I HEREBY CERTIFY that a true and correctcopy of theabove and foregoing has been served on counsel for all parties via Lexis Nexis Serve | RoberFtBiloaeunScdhaerdrveday BarF. Fla 126240 20th day of August 2012 / Email rbouchard@fowler-white.com FOWLER WHITE BURNETT P.A. Espirito Santo Plaza Fourteenth Floor 1395 Brickell Avenue Miami Florida 33131 Telephone 305 789-9200 Facsimile 305 789-9201 FOWLER WHITE BURNETT P A. Espirito Santo Plaza 1395 BRICKELL AVENue 14m Floor Miami Florida 33131 305 789-9200 IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FOR MIAMI COUNTY FLORIDA ASBESTOS LITIGATION CASE NO 12-15235 CA 42 ALAN J. HANTAK and PATRICIA J. HANTAK Plaintiffs V. ABB INC et al Defendants NOTICE OF SERVICE OF ANSWERS OF DEFENDANT MARBLETITE MFG CO TO PLAINTIFFS MASTER INTERROGATORIES DIRECTED TO ALL DEFENDANTS Defendant Marbletite Mfg Co. by and through its undersigned attorneys herein gives notice of serving objections and responses to Plaintiffs Master Interrogatories directed to all Defendants I HEREBY CERTIFY that a true and correct copy of theabove and foregoing has been File i TheTrher served on counsel for all parties via Lexis Nexis Serve Awaf Robert WY of August 2012 / Robert Bouchard Ther Fla No. 126240 Email rbouchard@fowler-white.com FOWLER WHITE BURNETT P.A. Espirito Santo Plaza Fourteenth Floor 1395 Brickell Avenue Miami Florida 33131 Telephone 305 789-9200 Facsimile 305 789-9201 FOWLER WHITE BURNETT P A. Espirito Santo Plaza 1395 BRICKELL AVENUE 14 FLOOR Miami Florida 33131 - 305 789-9200 ALAN J. HANTAK and PATRICIA J. HANTAK Plaintiffs V. IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT IN AND FORFOR MIAMI COUNTY FLORIDA ASBESTOS LITIGATION CASE NO 12-15235 CA 42 ABB INC et al Defendants [Iemm UH enat vitentantnnnernsnrnnead NOTICE OF SERVICE OF ANSWERS OF DEFENDANT MFG CO TO PLAINTIFFS MASTER MARBLETITE INTERROGATORIES DIRECTED TO ALL DEFENDANTS Defendant Marbletite Mfg Co. by and through its undersigned attorneys herein gives notice of serving objections and responses to Plaintiffs Master Interrogatories directed to all Defendants the correct I HEREBY CERTIFY that a true and served on counsel for all parties via Lexis Nexis File corect and Serve Ser(vSeerve 20th whif Robert Bouchard the above and foregoing has been 20th day of August 2012 Fla No. 126240 Email rbouchard@fowler-white.com FOWLER WHITE BURNETT P.A. Espirito Santo Plaza Fourteenth Floor 1395 Brickell Avenue Miami Florida 33131 Telephone Facsimile 305 789-9200 305 789-9201 IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI COUNTY FLORIDA ALAN J. HANTAK and PATRICIA HANTAK his wife Plaintiffs VS. ABB INC et Defendants ASBESTOS LITIGATION CASE NO 12-15235 CA 42 DEFENDANT PREMIX MARBLETITE MANUFACTURING CO.'S OBJECTIONS AND RESPONSES TO PLAINTIFF'S MASTER PRELIMINARY INTERROGATORIES Defendant PREMIX MARBLETITE MANUFACTURING CO PREMIX or Defendant hereby responds to Plaintiff's Master Preliminary Interrogatories collectively Plaintiff's Discovery and individually Interrogatory as follows PRELIMINARY STATEMENT The following responses are based upon the information that is presently known and available to PREMIX based upon a reasonable investigation PREMIX believes that these responses are accurate as of the date made However many of the matters inquired about in Plaintiff's Discovery took place decades ago therefore information may be incomplete or no longer available due to the passage of time Although PREMIX has endeavored to conduct a reasonable investigation PREMIX cannot exclude the possibility that its continued investigation may reveal more complete information Consequently PREMIX's investigation of the matters inquired into by Plaintiff's Discovery continues and to the extent appropriate PREMIX reserves the right to revise and supplement its responses Plaintiff's Discovery is compound in some instances vague and has overlapping subject 1 matters There may be hundreds of persons who may have knowledge of some of the subject matters However many of the persons who may have had knowledge of the particular facts events or subject matters inquired into in Plaintiff's Discovery may be deceased or cannot be located There are others not currently in the employ or under the control of PREMIX who cannot be compelled to assist in the preparation of responses to Plaintiff's Discovery Moreover due to the extensive time periods covered by Plaintiff's Discovery the persons who may have had knowledge of the particular fact or event may not be able to recall or reconstruct the extent of their knowledge Furthermore Plaintiff's Discovery designates extensive periods of time or requests information without any limitation or specification of particular periods of time and consequently the entire set is overly broad unduly burdensome and oppressive As a result of the failure to specify relevant time periods most of Plaintiff's Discovery fails to distinguish relevant from irrelevant matter and calls for PREMIX to provide responses concerning events and records spanning a period of many decades This information is not of sufficient relevance or materiality to this case to justify the great expense and burden that would be involved in its collection if in fact such information exists Therefore PREMIX's responses are unless otherwise noted limited to the period of time consistent with Plaintiff's exposure allegations in this case and Plaintiff's deposition testimony concerning product identification specifically up to and including 1978. PREMIX's responses should not be construed as an admission that Alan J. Hantak worked with or around products manufactured sold or distributed by PREMIX The information supplied in these responses is not based solely upon the knowledge of the executing party but includes the knowledge of the party's agents representatives and attorneys unless privileged The language sentence structure and word usage may be that of the 2 attorney who in fact prepared these objections and answers and does not purport to be the exact language of the executing party GENERAL OBJECTIONS AND RESERVATION OF RIGHTS PREMIX objects to Plaintiff's Discovery to the extent they 1 are vague ambiguous harassing oppressive unduly burdensome and overbroad and 2 seek information that is not relevant to this lawsuit or are not reasonably calculated to lead to the discovery of admissible evidence PREMIX does not concede that any of its answers to Plaintiff's Discovery are or will be admissible evidence at a trial of this action PREMIX does not waive any objection on any ground whether or not asserted herein to the use of any such answer at trial PREMIX objects to the definitions contained in Plaintiff's Discovery to the extent they render Plaintiff's Discovery vague ambiguous overbroad and unduly burdensome PREMIX further objects to the Instructions Definitions and Interrogatories to the extent that they attempt to impose obligations on PREMIX that are beyond the obligations imposed by the Florida Rules of Civil Procedure In responding to Plaintiff's Discovery PREMIX will use the commonly understood everyday meanings of the terms used The breadth and volume of the definitions Plaintiffs seek to propound would complicate tremendously the task of responding to Plaintiff's Discovery PREMIX objects to Plaintiff's Discovery to the extent it seeks information and documents that are protected by any privilege or protection including but not limited to the attorney privilege the defense privilege and the work product doctrine PREMIX hereby asserts all applicable privileges and protections with respect to such information and documents To the extent any Interrogatory calls for or may be read to encompass work performed by or information received from experts retained by PREMIX in order to defend itself in this or other litigation PREMIX objects to such Interrogatory PREMIX will make appropriate disclosures regarding expert witnesses in accordance with applicable rules and orders PREMIX objects to these Interrogatories to the extent that they are seeking the production of information that PREMIX treats as confidential as a trade secret or as proprietary PREMIX objects to these Interrogatories to the extent that they assume PREMIX still has or should in the ordinary course of business still have records relating to a time period of over 40 years PREMIX objects to these Interrogatories to the extent that they are repetitious and duplicative PREMIX objects to Plaintiff's Discovery because they are irrelevant vague overly broad 3 in time and scope and nothing more than a prohibited fishing expedition Plaintiffs have not reasonably tailored the Interrogatories to the products time period or work sites at issue in this case Therefore the Interrogatories are unduly burdensome and seek information that is irrelevant and not reasonably calculated to lead to the discovery of admissible evidence The effect of the Interrogatories are to improperly shift the burden of proof PREMIX objects to the Interrogatories as defendant has not been provided with sufficient information by plaintiffs to enable it to respond these discovery requests The plaintiffs have not sufficiently identified any product that allegedly were sold by PREMIX and that Plaintiff claims were a substantial causative factor in producing Decedent's alleged asbestos disease PREMIX specifically reserves the right to amend these answers if new or more complete information becomes available or if inadvertent errors are discovered PREMIX expressly reserves all objections to the confidentiality admissibility authenticity or relevancy of any documents produced or information provided PREMIX objects to Plaintiff's Discovery as being overly broad and unduly burdensome inter alia to the extent it seeks information relating to cases that have not been filed PREMIX objects to Plaintiff's Discovery as overly broad unduly burdensome and oppressive to the extent that it requests information which is not within the personal knowledge or possession or control of PREMIX its employees or agents or which can only be attempted to be ascertained or derived through a burdensome review of existing voluminous documents There is no compilation abstract or summary relating to Plaintiff's Discovery and the burden of deriving or ascertaining the response to most of Plaintiff's Discovery is substantially the same for the party propounding the discovery as it is for PREMIX PREMIX objects to each Interrogatory set forth below because they are designed to be propounded indiscriminately to every Defendant without any attempt to tailor each Interrogatory to any individual defendant based on Plaintiff's knowledge of that defendant's business or Alan J. Hantak's alleged exposure As such they are overly broad unduly burdensome and oppressive The failure to limit Plaintiff's Discovery to information related to PREMIX's alleged liability in this case renders Plaintiff's Discovery as a whole irrelevant to the subject matter of these actions and not reasonably calculated to lead to the discovery of admissible evidence To the extent that it is deemed that PREMIX's rights have been adjudicated in prior proceedings relating to Plaintiff's Discovery PREMIX incorporates all arguments and objections asserted by any defendants in such proceedings PREMIX further objects to Plaintiff's Discovery to the extent the interrogatories greatly exceed the permissible number under Rule 1.340 of the Florida Rules of Civil Procedure Defendant further objects to Plaintiff's Instructions to the extent they seek to impose 4 DEFENDANT'S ANSWERS TO PRELIMINARY INTERROGATORIES 1 Data Sources Please identify each person with whom you consulted or who provided information used in answering these Interrogatories on behalf of Defendant Additionally provide the subject matter category that each person provided information for from the following categories if appropriate 2 Corporate History . Product Information 3 Knowledge of Potential Danger of the Medical or Scientific Identify each person's A. Address B. Position with the Defendant Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows The information of regarding the referenced categories is provided by Howard L. Ehler Jr. Vice President Marbletite Mfg Co. 1259 N.W. 21st Street Pompano Beach Florida 33069 In addition the answers to these Interrogatories are derived from the deposition of John Cowie and Answers to Interrogatories and attachments thereto signed by Luis Gutierrez copies of which are attached hereto as Exhibit Nos 1 and 2 respectively In addition answers to these Interrogatories are gleaned in part from the documents attached as exhibits as Exhibit 3 2 Corporate Information Please state the following A. This defendant's correct corporate name Marbletite Manufacturing Co. B. The state of your incorporation Florida C. The address of your principal place of business 1259 N.W. 21st Street Pompano Beach Florida 33069 D. The dates and time period during which defendant held a certificate of authority to do business in the state of Florida Defendant is a Florida Corporation E The dates and time period during which defendant regularly conducted business in Florida 1956 to present 3 Corporate History Describe in detail Defendant's complete corporate or business history for all associated business entities that were involved in any manner in the sale manufacture distribution and mining of asbestos and asbestos containing products including dates of incorporation mergers consolidations reincorporation and the like Also provide historical information regarding all predecessors prior names asset purchases acquisitions or spin for all associated business entities that were involved in any manner in the sale manufacture distribution and mining of asbestos and asbestos containing products In addition A. If defendant or any of its predecessors or subsidiaries at any time purchased or assumed any of the assets and liabilities of any corporation or entity which at any prior time engaged in the manufacturing or sale of containing products then please state the following as to each acquisition The name or description of each corporation entity or assets acquired by Defendant that entity's state of incorporation and principal place orbusiness its date of incorporation and the name of Defendant at the time of acquisition The manner by which each such corporation entity or interest therein was acquired e.g. merger consolidation change of name stock sale transfer or purchase of assets or product line The date of each such acquisition The state in which each such acquisition was effected The state law governing each such acquisition if specified by contract and How the business or financial interest in that corporation or entity ended if it ended e.g. dissolved the company sold all stock placed subsidiary in bankruptcy etc. List all states where entity is or was registered to do business including the dates of registration for each state Answer Marbletite Products Inc. And Marbletite Sales Co. Inc. merged with Marbletite Products Inc. being the surviving corporation effective March 31 1972. Also at that date the name was changed to the current Marbletite Manufacturing Co. Asbestos Did Defendant prior to 1980 engage in the mining milling and subsequent sale of asbestos fiber If so please state A. The date such activity began B. The years during which such activity took place C. The date when such activity was terminated D. If such activity was terminated the reason- why E. Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos Yes or No If Yes state the geographical area into which you claim the asbestos was sold and F. Identify the organizational unit of Defendant so engaged G. Type of asbestos mined H. Managers of each mine and years of service I. Answer Identify sales and shipment records from each mine No Premix Marbletite Manufacturing Co. has never engaged in mining milling and subsequent sale of asbestos fiber 10 5 Manufacture Has Defendant at any time engaged in the manufacture of any asbestos containing product If so please state A. The date such activity began B. The years during which such activity took place C. The date when such activity was terminated D. If such activity was terminated the reason why E. Within the United States was there any geographic limitation which you claim was applicable to the sales of your asbestos containing products Yes or No If Yes state the geographical area into which you claim your asbestos containing products were sold and F. Identify the organizational unit of Defendant so engaged Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows Yes based on review of the Exhibits attached to these answers to interrogatories this Defendant has manufactured asbestos containing products in the time periods that are reflected in the Exhibits to these answers to Interrogatories Premix Marbletite Mfg Co. distributed asbestos containing products throughout South Florida's building material dealers See Exhibit No. 2 specifically Response to Interrogatory No. 15 a 11 6 Asbestos Has Defendant at any time engaged in the marketing and sale of any asbestos containing product If so please state A. The date such activity began B. The years during which such activity took place C. The date when such activity was terminated D. If such activity was terminated the reason why E. Within the United States was there any geographic limitation which you claim was applicable to your sales of asbestos containing products Yes or No If Yes state the geographical area into which you claim you sold asbestos containing products and F. Identify the organizational unit of Defendant so engaged G. Identify all sales managers and the years during which they served 12 Answer Please see answer to Interrogatory No. 5 7 Distributor Has Defendant at any time engaged in the marketing and sale of any asbestos containing product manufactured in whole or in part by an unrelated business entity If so please state A. The name and address of the unrelated business entity The product's trade and brand name The years during which such activity took place Identify the organizational unit ofDefendant or the associated business entity so engaged Within the United States was there any geographic limitation which you claim was applicable to each distributor and wholesaler Yes or No If Yes state the geographical area which you claim was applicable to each distributor and wholesaler and Whether there was a written distributorship agreement Whether the distributorship was exclusive Identify all documents pertaining to the distributor or wholesaler relationship and the custodian thereof 13 I. The ratio of sales to distributors compared to direct sales to consumers J. List of sales records or shipments to each distributor or wholesaler Answer No. Rebranding Has Defendant at any time engaged in the rebranding of asbestos containing products manufactured in whole or in part by an unrelated business entity If so please state A. The name and address of the unrelated business entity B. The product's original trade and brand name C. Who performed the physical rebranding and where it was accomplished D. The years during which such activity took place E. Brand name and trade name after the product was rebranded F. User or seller of the product after rebranding 14 G. Identify the organizational unit of Defendant so engaged Answer No. Asbestos to Manufacturer Has Defendant at any time engaged in the sale of asbestos containing products to an unrelated business entity that was engaged in the manufacture of asbestos containing products If so please state A. The name and address of the unrelated business entity B. The product's trade and brand name that was sold C. The years during which such activity took place D. Identify the organizational unit of Defendant so engaged E. List each sales office of your containing products and for each please state 1 Name and address 2 | Geographical areas for which each sales office was responsible 3 Identify all managers and the years during which they served 15 4 Identify all sales personnel and the years during which they served and describe each person's sales jurisdiction or responsibility 5 Identify sales records or shipment records for each sales office and the custodian thereof Answer No. 10 Asbestos to Government or Government Agencies Did this Defendant ever sell or cause to be sold any of its containing products to 1 the United States Government 2 the United States Air Force 3 Army Air Force 4 United States Army 5 United States Navy 6 United States Marine Corps 7 General Services Administration 8 Department of Defense or 9 or any other agency operated by the Untied States Government If so please provide the following A. The names and last known address of the governmental agency Whether there was a written contract or sales agreement Identify all documents pertaining to the governmental contracts or agreements and custodian of said documents Whether the formula used for the manufacture of the product was the same as the formula used for the manufacture sale or distribution of the product to governmental customers The extent to which sales to governmental agencies were handled through distributors or wholesalers as opposed to direct sales by Defendant The extent to which the physical appearance ofthe product sold or distributed to a governmental agency differed from the physical appearance of the product sold or distributed to governmental customers 16 The extent to which the packaging and labelling of the product sold or distributed to a governmental agency differed from the packaging or labelling of the product sold or distributed to governmental customers Answer Identify Sales and shipment records for each governmental agency and the custodian thereof To the best of Defendant's knowledge and based upon a reasonable search of Defendant's records Defendant has not located any documents or information responsive to this Interrogatory Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory 11 Asbestos Through Licensees If any of this Defendant's containing products reached the consumer through licensees please provide the following A. The names and last known address of licensees The years each licensee was licensed to sell distribute or manufacture this Defendant's containing products Within the United States was there any geographic limitation which you claim was applicable to each licensee Yes or No If Yes state the geographical areas for which each licensee was permitted to sell manufacture or distribute this Defendant's containing products and 17 Describe the terms and conditions of each licensee agreement entered into between this Defendant and licensee insofar as manufacture sale and distribution of containing products List of products each licensee was permitted to sell or manufacture Identify all documents pertaining to the licensee relationship and the custodian thereof Answer Whether or not sales to consumers in each area were made exclusively through licensee Not applicable 18 12 Facilities For the period 1920 to date or during the period that Defendant mined manufactured sold or distributed asbestos containing products whichever period is less state the following regarding each facility that was used by you as a mining milling manufacturing processing distribution or marketing facility for asbestos containing products A. The name and address of the building mine mill or facility B. The inclusive dates the facility was in operation and C. The function of the facility e.g. manufacturing warehousing mine sales office etc. D. Plant managers and years of management E. Name and type of containing products manufactured or processed at each facility F. Identify shipment records for each facility and the custodian thereof G. Answer If asbestos was mined and sold to any other entity besides this Defendant please provide list of those entities Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows Defendant manufactured asbestos containing products at 3009 NW 75th Avenue Miami Florida 33122 and in a facility located at 520 Wade Street Winter Springs Florida 32708 19 13 Answering Defendant's Asbestos Containing Products Using the format set out below answer the following interrogatory The main purpose of this interrogatory is to first obtain basic information concerning asbestos products with which the answering defendant and its associated business entities were involved and second to identify the number of Interrogatory Response Sheets the answering defendant must complete Provide the following information for each containing product with which this answering defendant was involved A. The name of the associated business entity so involved B. The Product Trade Name of the asbestos product with which the entity was involved See the definition of Product Trade Name at interrogatory number 14 C. The type of involvement the entity had with containing products See the definition of involvement at interrogatory number 14 D. Identify the inclusive years of each type of product involvement e.g. If the entity manufactured and distributed the product list both types of involvement and the years that correspond to such involvement Use the following format Please work through all of the containing products with which one associated business entity was involved before working through all of the containing products with which a different associated business entity was involved Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this 20 Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows the Exhibits attached hereto provide information concerning any and all asbestos containing products There is no current employee of Premix Marbletite Mfg Co. that has any other information other than what is contained in the Exhibits attached hereto FORMAT Repeat this format for cach product with which each associated business entity was involved a Associated Business Entity b Product Trade Name c Types of Involvement d Years of Each Type of Involvement a Associated Business Entity Company Q a Associated Business Entity Company R a b Product Trade Name Product E b Product Trade Name Product F b EXAMPLE c Type of Involvement Manufacturer Distributor Labelee Rebrander c Type oIfnvolvement Rebrandee Labelee d Years of Each Type of Involvement 1957-1973 1957-1973 1957-1973 1960-1965 d Years of Each Type of Involvement 1953-1962 1957-1973 c d 21 Associated Business Entity Company R Product Trade Name * Product E Type of Involvement Rebrandee Years of Each Type of Involvement 1960-1965 * Note that if different entities are involved with the same containing products the containing product is to be addressed in the responses for each such business entity including the answering defendant if applicable 22 14 Product Information Following this page is a Interrogatory Response Sheet and definitions examples and instructions dealing with the completion of this question For each and every containing product with which you were involved as previously identified in responding to the previous interrogatory please answer the following A separate response is to be provided to this question for each and every containing product with which the responding defendant was involved If different entities were involved with the same containing products the containing product is to be addressed in a response to this question for each such business entity including the answering defendant if applicable Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows See Answer to Interrogatory No. 13 INTERROGATORY RESPONSE SHEET A. Associated Business Entity B. Product Trade Name C. Product Generic Name D. Generic Product Type E. Product Involvement F. 1 = Approximate Asbestos Content By Weight Type of Asbestos by % 2 | Approximate Asbestos Content By Volume Type of Asbestos by % . G. Product Years | H. Intended Uses I. Manufacturing Sites _ to J. Sizes to to Product Color Product Packaging Geographic Limitation Yes If Yes Shipments Northeast MA NH ME NY VT RI CT Mideast OH WV Southeast FL NC SC TN GA MS Southwest TX CO NM MT AR AZ LA OK Midwest MI IL IN MO WI MN ND SD WY NB KA IA West CA NV OR ID WA MT HI AK East PA DE NJ MD DC Other VI GU PR Product Literature 0 Product Picture wwwwwwww Package Picture Trademark Name Patent Number Q. Product Sample 25 T. Product Alteration 26 A. Associated Business Entity Definition The name ofthe business entity as identified in the previous Interrogatory that had any involvement as defined in Subpart E with the containing product Example Associated Business Entity The Ruberoid Co. Associated Business Entity Baldwin Company Associated Business Entity None Instructions Complete this interrogatory with the name of an Associated Business Entity that corresponds to this product as disclosed in the previous Interrogatory Where the answering defendant rather than an Associated Business Entity was involved with this containing product type none on this line 27 B. Product Trade Name Definition The full name of the asbestos containing product by which it was marketed Generally this would be the name of the product as it appeared on the product its packaging or its promotional material Where all or part of the product name is trademarked that name should be included in the product trade name Instructions Where a product trade name represents more than one product or a line of products complete separate Interrogatory Response Sheets for each such product to the extent reasonable and necessary so as to provide as much information as possible regarding each such product or product line Where information concerning more than one product or a product line is condensed on one Interrogatory Response Sheet explain on a separate sheet of paper why you did so Examples Product Trade Name BEH Super Powerhouse Cement Product Trade Name Gold Bond Asbestone Economy 250 Product Trade Name Fac Insulation Blocks Product Trade Name Armstrong Accobest 8073 Product Trade Name Armstrong Accobest 474 Further Instructions Where the product name is generic that is it does not have a trade name by which it was sold then list the product's generic name but preface the generic name with the name of the entity most closely associated with that generic product The entity most closely associated with that product would be the entity's name that would appear with the product product package or product promotional literature no such association exists then the name of the manufacturer of that generic product should be used Further Examples Product Trade Name Product Trade Name Ruberoid Asphalt Saturated Asbestos Weatherproof Jacket Amatex Asbestos Woven Tape 28 Product Trade Name Armstrong Perforated Asbestos Board Product Trade Name Celotex Perforated Asbestos Board 29 C. Product Generic Name Definition The name by which this type or species ofproduct was routinely called Generally this name would be the generic name of a product without the name ofthe entity most closely associated with that generic product Examples Product Trade Name Careystone Asbestos Siding Product Generic Name Asbestos Cement Siding Product Trade Name Gold Bond Asbestone Economy 250 Product Generic Name Corrugated Siding and Roofing Product Trade Name Fac Insulation Block Product Generic Name Insulation Block Product Trade Name Armstrong Perforated Asbestos Board Product Generic Name Perforated Asbestos Board 30 D. Generic Product Type Definition The name by which this group of products was most routinely called Examples Product Generic Name Insulating Cement Product Category Cement Product Generic Name Corrugated Siding and Roofing Product Category Roofing Product Generic Name temp Block Product Category Block Product Generic Name Perforated Asbestos Board Product Category Board Further Instructions To the extent reasonable the following categories of products should be used Where a product fits as readily in one category as another e.g. corruga siding and roofing both categories can be listed as is shown above Adhesive Cement Sheets Friction Automotive Brake | Cement Shingles | Gaskets Automotive Clutch | Cloth Home Use Block Clothing Hot Tops Board Covering Cord Lumber Paper Pipe Covering Plaster Refractory Rollboard Boiler Cement Cable Cork Products Millboard Roofing Electrical Products | Non Automotive Brake | Rope CATEGORIES Talce Tape Textiles Wallboard Wall Wick Wire Cement Cement Board Felts Fiber Non Automotive Clutch Siding Packing Spray Materials 31 Cement Pipe Floor Tile Paint Spackling If none of the above categories are appropriate note other describe the category of product and use your own words to E. Product Involvement Definition Any involvement associatioonr relationship you had with an asbestos containing product as a miner of asbestos manufacturer of an asbestos containing product seller of an asbestos containing product distributor of an asbestos containing product rebrander of an asbestos containing product rebrandee an asbestos containing product labeler of an asbestos containing product labelee of an asbestos containing product or some other relationship Further Definitions A miner of an asbestos containing product is any entity that takes asbestos from the earth for commercial sale or distribution A manufacturer of an asbestos containing product is any entity that manufactures any product that incorporates asbestos into that product or who in any way processes or packages asbestos or an asbestos containing product A distributor of an asbestos containing product is any entity who ships or in any way directs shipments of an asbestos containing product A rebrander of an asbestos containing product is any entity that manufactures processes or packages asbestos or an asbestos containing product but which places the name of another entity or the name of a product with which another entity is involved on that product or product package A rebrandee of an asbestos containing product is any entity for which asbestos or an asbestos containing product is manufactured processed or packaged by another entity which other entity places the name of the rebrandee or the name of a product with which the re brandee is involved on the product or product package A labeler of asbestos or an asbestos containing product is any entity that places its business name anywhere on an asbestos containing product or package that it manufactures distributes sells or rebrands for itself or any entity A labelee of asbestos or an asbestos containing product is any entity for whom its business name is placed anywhere on an asbestos containing product or package that is manufactured sold or rebranded by any entity Some other association or relationship with an asbestos containing product other than as a miner manufacturer distributor rebrander rebrandee labeler or labelee 33 Instructions For each asbestos containing product with which you were in any way involved indicate the type or types of relationships you had at any time with that product noting on line E the code or codes for such relationship These involvements should be the same as were listed in the previous interrogatory Use the following codes Miner Mr Rebrander Rr Labeler Lr Distributor Dr Manufacturer Mf Rebrandee Re Labelee Le Other Ot Examples Product Involvements Mf Rf Lr Dr Product Involvements Dr 34 1. Approximate Asbestos Content by Weight to SO Type of Asbestos by % Definition The usual weight of the asbestos in the product divided by the total weight of the product expressed as a percent Additionally provide a listing of all types of asbestos including contaminants found in the product as supplied to end users and for each type provide the percentage by weight of each type per unit of product Instructions Where the asbestos content has varied to any significant degree over time in particular product indicate the range of asbestos content in the appropriate section of the answer If little change occurred over time write A in those sections In the first part of the answer whether or not the asbestos content varied indicate what you believe would be the usual most representative content over time In the second part of the answer note the range of asbestos content over time When stating the percent of asbestos by weight exclude any water added as part of the formulation and in application of the product Use the following two letter codes when responding to this interrogatory - Cy for crysotile 100 Am for amosite - Cr for crocidolite - Tr fort remolite - Ot for any other type of asbestos - A for not applicable Example Approximate Asbestos Content by weight 10 | A to A Approximate Asbestos Content by weight % | % to % Type of Asbestos by Cy - % Tr % 35 2 Approximate Asbestos Content by Volume to Type of Asbestos by % Definition The volume of the asbestos in the product divided by the total volume of the product expressed as a percent Additionally provide a listing of all types of asbestos including contaminants found in the product as supplied to end users and for each type provide the percentage by volume of each type per unit of product 36 G. Product Years | == ____| | | Inclusive dates of all types of involvement with the asbestos containing product expressed in years Instructions Indicate in the first half of the space the year you or the relevant associated business entity first became involved with the asbestos containing product On the second half ofthe space indicate the last year ofinvolvement with that asbestos containing product the involvement with the asbestos containing product was not continuous through all years use the additional spaces provided to represent such years of involvement If the involvement with an asbestos containing product lasted for only one year or part of one year note the same year in both halves of the space If the involvement continues to this time note P for present in the appropriate space Type A not applicable on any unused spaces Example Product Years Product Years 1948 | 1972 1936 | 1953 1975 | 1975 A | 1955 | 1963 1966 A 1970 A 1972| A P 37 H. Intended Uses Definition Provide any limitations on the intended use of the product including the temperature ranges for which the product was recommended 38 Manufacturing Sites Definition All locations and time periods at and during which the product was manufactured during your involvement with the product Instructions On the first half of the line indicate the city and state or city and province or the like at which the product was manufactured On the second half of the line indicate the inclusive years of manufacture Example Manufacturing Sites Manufacturing Sites Norfolk VA | 1940-1970 Milwaukee WI | 1962-1969 Peoria IL 1967-1973 Manufacturing Sites Glendale IL Glendale IL |: 1967-1970 1972-1976 Manufacturing Sites Conrad UT Ida IL Ida IL | 1936-1942 | 1942-1950 | 1952-1969 39 J. Sizes to Definition The generally produced sizes and shapes of the product as sold to the end user noting the smallest to the largest standard sizes Respond additionally to this interrogatory by providing information as to the packaging of the product when providing information regarding the product's size e.g. 25-75 lb. bags of cement etc. Instructions In completing this information note the smallest standard sizes or weights first then the largest standard sizes or weights Use the following abbreviations as appropriate - C for circumference - D for diameter - G for gauge - H for height L for length - for pounds - T for thickness W for width If the suggested abbreviations are inappropriate type out the most useful size or weight weight description on the spaces provided or on separate sheet of paper identifying that entry as Interrogatory Response 14 Sizes and attach that sheet to the Interrogatory Response Sheet Examples Sizes Sizes D2 L12 T1 to 10 P sacks to D24 L48 T2 100P sacks 40 K. Product Color Definition The basic color of the product Where the product line had the same basic product in a variety of colors the five most popular colors or color combinations Instructions A piece of product may be colored or multicolored Different pieces of the same product may be designed to show different colors e.g. floor tile or the color may have changed from time to time The above lines are to be completed as follows - If the product was one color complete the first half of the first line only Note N on the second half of the lines and | A on all other lines - If the product was one color but that color changed from time to time complete the first half of as many lines as there were color changes up to five Note A on the second half of the lines and A - Aon all other lines - If the product line included colored pieces indicate the two most prominent colors by using both sides of the line Up to five colored products can be noted If there were more than five colors or five color combinations note the most frequently made color - Try to limit your responses by using the following colors Use the letter codes provided | Generally not separately identify shades of the same color If the following colors are inadequate to cescribe a product color type in what you believe is the proper color name - Gray Gy - Black Bk - White Wh - Red Rd - Blue BI - Violet Vt - Green Gr - Pink Pk - Brown Br - Yellow Yw - Orange Or - Tan Tn 41 Example Product Color Product Color Product Color Gy Bk Wh Bk N Bk A Wh WN N Wh A AA Wh Yw AA AA Wh Or | 42 L. Product Packaging Definition The most frequently used containers in which the product was packaged Instructions To the extent possible use the following codes as set forth below in responding to this interrogatory Where no code is applicable type the kind of container or packaging Provide up to five types of containers listing where known the most frequently used container first second most frequently used container next etc. Type N on any unused line Cardboard box CB Wooden box WB Plastic box PB Other box OB Bound Bundles BB Wooden Spools WL Other spools OL = Metal Drum MD Cardboard drum CD Plastic drum PD Other drum OD Pallets PT Paper Spools PL Burlap sack BS Cloth sack CS Paper sack PS Plastic sack KS Other sack 05 Plastic Spools Example Product Packaging Product Packaging Product Packaging CB WB A A A CD A N A A CS KS PS OS A A 43 Within the United States was there any geographic limitation which you claim was applicable to the sale of this product Yes or No Geographic Limitation Yes If Yes state the geographical area which you claim was applicable to this product Shipments Northeast MA NH ME NY VT RI CT Mideast OH VA WV KY Southeast NC SC TN AL AG MS Southwest TX CO NM UT AR AZ LA OK Midwest MI IL IN MO MMN N ND SD WY NB KA IO West East Other CA NV OR ID WA MT HI AK PA DL MD DC VI GU PR OTHER Definition Identify those states possessions etc. to which your product was ever shipped was never shipped or it is unknown to you as to whether your product was ever shipped there if you claim a geographical limitation Instructions Identify those areas to which you know any product was ever shipped by marking an X on the appropriate line for that state territory etc 44 Within the United States applicable to the was there any geographic sale of this product Yes or No limitation which you claim was Geographic Limitation Yes If Yes state the geographical area which you claim was applicable to this product Shipments Northeast MA NH NY VT RI CT Mideast OH VA WV KY Southeast FL NC SC TN AL AG MS Southwest TX CO NM UT AR AZ LA OK Midwest MO IN MO MN SD WY NB KA West East Other CA NV OR ID WA MT HI AK PA MD VI GU PR OTHER Definition Identify those states possessions etc. to which never shipped or it is unknown to your product wasever shipped was there if you claim a geographical liymoiutaatsiotno whether your product was ever shipped Instructions Identify those areas to which you know on the appropriate line for that any product was ever shipped by marking an X state territory etc 44 Identify those areas to which you know any product was never shipped by marking an O on the appropriate line for that state territory etc. Identify those areas about which you have no information as to whether any product was ever shipped by marking a ? on the appropriate line for that state territory etc Other means any geographical area not identified by the prior abbreviations 45 Example Shipments Northeast Mideast Southeast Southwest Midwest West East Other MA ... ME NX X X X MA ...ME NX X X X X OH VA WV > KY X xX X X X X x 2 NC SC / AL GA MS X 18 2 CO X NM X UT X AR AZ ? OK 00 3 0 ? ? ? ? MO WI MN ND SD ? 000 000 000 WY KA IO 20 ' 0 0 0 CA NV ID' WA MT ?? HI AK xX X? PA DL NJ MD DC 30 0 0 X 30 GU PR OTHER 46 N. Product Literature Definition Whether or not you have any product literature of any sort e.g. promotional literature ads catalogue entries books etc. that describes or pictures this product yes or no Examples Product Literature Yes Yes Yes Literature No 47 0 Product Picture Definition Whether or not you have care custody or control over any depictions of this product and if so the type of depiction Instructions If you have no depictions of this product answer no in the space provided If you do have depictions of this product indicate the types of depictions you have Use the following codes and indicate for each type of depiction whether it is a - Color Picture CP - Color Sketch CS ~ Black & White Sketch BS - Blueprint BT - Black & White Picture BW - Photocopy PC - Other OT Examples Product Picture Product Picture Product Picture No BT CP BT BW PC OT 48 Package Picture Definition Whether or not you have any depictions of the product packaging and if so the type of depictions Instructions In answering this interrogatory use the codes listed below If you have no depictions of this product packaging answer no in the space provided you do have depictions ofthis product packaging indicate the types of depictions you have Use the following codes and indicate for each type of depiction whether it is a - Color Picture CP - Black & White Picture BW - Color Sketch - Photocopy PC - Black & White Sketch BS - Other OT - Blueprint BT Examples Package Picture No Package Picture BT Package Picture BT BW PC OT 49 Package Picture Definition of the product packaging and if so the type of Whether or not you have any depictions depictions Instructions use the codes listed below In answering this interrogatory of this product packaging answer no in the space provided If you have no depictions indicate the types of depictions you of this product packaging whether it is a If you do have depictionscodes and indicate for each type of depiction have Use the following - Color Picture CP - Black & White Picture BW - Color Sketch - Photocopy PC - Black & White Sketch BS - Other OT - Blueprint BT Examples Package Picture No Package Picture BT Package Picture CP BT BW PC OT 49 Q. Product Sample Definition Whether or not you have one or more samples of the containing products yes or no Example Product Sample Product Sample Yes No 50 Trademark Name Definition The name of any trademark in any way associated with the product product packaging or product literature Instructions If more than one Trademark is associated with the name of a product e.g. Gold Bond Ripple Panels provide the requested information for each trademark Type N on any unused lines Examples Trademark Name _ Tape Trademark Name Gold Bond A Ripple Tone 51 Patent Number Definition The Patent Number of any product or process in any way related to the product itself Instructions To the extent more than one patent is involved with the product itself or the manufacture sale processing development etc. of the product note the additional patent number on the additional line provided Type N on any unused lines Examples Patent Number 3.660.118 Patent Number 2.573.659 A 2.529.175 52 T. Product Alteration Definition State whether the product has been altered in chemical composition since first being made If so please state as to each such alteration The date of the alteration The nature of the alteration iii The reason for the alteration iv Identify the person recommending or approving such alteration and Whether there are any studies evaluations or tests made in connection with the alteration and if so identify each such study 15 Asbestos Free Products For each asbestos containing product whose trade name is listed in Answer No. 14 state A. Was the product or a substitute for that product ever manufactured and sold by you without asbestos if so when did the sale of the product commence B. Brand name of the asbestos free product C. The reason product was manufactured without asbestos D. Answer Was the containing counterpart of said product sold while the asbestos counterpart was being manufactured if so provide the time periods Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows a review of the Exhibits attached hereto demonstrates that in 1974 raw asbestos fibers were removed from products previously manufactured with raw asbestos fibers FurthermoreFurthermore Defendant's review of sales records from Union Carbide and Thompson Hayward demonstrates that the last product sales of raw asbestos were made to Marbletite Mfg Co. in 1974 54 16 Product Development For each asbestos product referred to in Answer No. 14 or which was sold to any other defendant state separately A. Was the product manufactured or sold to any entity prior to its being placed on the commercial market B. The date and place where the product was designed and developed C. The identity and last known address of the person or persons responsible for the design or development of the product D. Was the product ever tested prior to its being sold for use by the consumer If so provide the identity and present location of all records dealing with these tests including testing concerning use application durability toxicity etc. and the custodian of said records Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows it is impossible to answer this Interrogatory because anyone who would have the knowledge to answer this Interrogatory no longer is employed by this Defendant and has died As such there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory 55 17 Sales Documents Please state whether you have any documents of any kind indicating or reflecting past sales of one or more containing products listed in response to interrogatory 14 including but not limited to invoices orders purchase records sales records confirmations bills of lading annual or other periodic summaries of sales or orders accounts payable or accounts receivable records etc. If so describe in detail the different types of documents that you have for each such containing product and state the following as to each type of document A. The items of information contained on it e.g. date of sale product quantity purchaser shipment location price etc. B. The years of sale encompassed by documents still in existence C. The current location of the documents D. Identify the current custodian of the documents as well as the current employee most familiar with the codes or system used on the documents Answer None 56 18 Sales Offices Did you ever have any sales offices in Florida that were responsible for distribution and sales ofasbestos and containing products listed in responding to interrogatory 14 14 If so please state as to each such sales office A. _ Its address and years of operation B Identify all managers from 1930 through the present and the years during which they served Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows Defendant believes that the primary manufacture and distribution of asbestos and asbestos containing products were from the Miami and Winter Springs facilities previously mentioned in its answer to Interrogatory No. 12 herein 57 19 Fiber Purchases Please state the name and address of each business entity from whom the Defendant Defendant's predecessors Defendant's subsidiaries have ever bought or received raw asbestos fiber Answer Please see response to Interrogatory No. 15 and Exhibits attached hereto 20 Insurance For all policies ofinsurance affording general liability or products liability coverage including primary policies excess policies policies of reinsurance program of insured retention SIR and policies in which defendant was additionally insured applicable to injuries allegedly caused by exposure to asbestos and containing products state A. Insurer Specify exactly as named in the insurance policy or other evidentiary document of coverage Insured The insured named in the policy C. Policy Period Refer to the actual period for which the insurance policy is and was in effect D. Policy Type Specify whether primary excess or insured etc. Per Occurrence Accident Limits Refer to the limit for any one occurrence or any one accident Products Aggregate Refer to the aggregate limit applicable to products bodily injury liability coverage Certain insurance policies may contain combined aggregate for bodily injury property damage and other covered perils if so refer to the combined limit and so indicate G. Products Aggregate Consumption The function of the Aggregate Consumption Summary is to track the consumption of total products liability aggregate limits claims List such consumption If applicable the date upon which the policy limits were paid out in full or exhausted 58 H. Policy Number Specify exactly as contained on the insurance policy or other evidential document of coverage the policy number Additionally provide the custodian of the policy and document I. Insurer Objection Specify the bases upon which the relevant insurer refuses to fully pay claims upon demand If the insurer has not objected to payment or is paying note A Answer We are investigating the current insurance policies and limits available for this litigation We will supplement this response once we determine the exact amount of coverage Consultant Has any person ever served as a excluding experts retained during the course of litigation full or time to defendant in any manner regarding the potential medical toxicological or industrial hygiene aspects of asbestos or any asbestos containing product the term consultant is meant to include any specialist in the above areas who was at least in part retained for his expertise and opinions in other than a time salaried position If so please state the following as to each such person A. Identify the person The beginning date ending date and period of service for the person C. The job duties and responsibilities for the person as well as a summary of the work performed The plant address office address or duty assignment assignment location for the person for cach part of the consultancy The reason for retaining the person Identify the company official responsible for retaining the person as well as identify the company officials with whom the person met during the period of the employment of consultancy and 59 State whether documents relating to the employment or consultancy in any way including contracts correspondence publications reports status reports studies etc. exist and whether or not said documents mention asbestos Additionally if said documents exist provide the name of the records custodian of said documents Answer No. 21 Consultant Please state whether or not Defendant ever employed engaged or retained any physician as consultant plant physician or otherwise excluding experts retained during the course of litigation in connection with asbestos business activities If so please state the following as to each such physician Identify the physician and give complete dates and places of employment or service State the physician's duties and responsibilities Identify the company person to whom the physician reported State the purpose for which the physician was employed engaged or retained and State whether documents pertaining to the physician's professional activities involving asbestos and individuals exposed to asbestos exist and the custodian of said documents Answer No. 60 22 Consultant of Please state whether or not any industrial hygienist toxicologist safety director occupational medical director physician or consultant in any of the foregoing areas previously excluding experts retained during the course litigation ever made at any time any statements recommendations and suggestions to the Defendant pertaining to or relating to asbestos or health hazards from dust or any product If so state the following as to each such occasion A. Identify who made the recommendation and suggestion B. State the date of the recommendation and suggestion C. Identify all company officials who received the recommendation and suggestion D. State the substance of the recommendation and suggestion and E. State whether any documents and records of oral conversations embodying or pertaining to the recommendation and suggestion exist and if so the custodian of said records Answer No. 61 23 Asbestos Please state whether Defendant ever conducted or caused to be conducted any tests whether laboratory or field tests on any of their or anyone else's containing products including measurements of exposure levels during installation removal and after installation after they had degenerated or decomposed from use to determine potential or likely asbestos exposure levels during conditions of intended use of the product Ifso please state the following as to cach such test A. Identify the person who directed that the test and measurement be made and conducted B. Identify the person or organization who conducted the test and measurement C. Identify where when and for how long the test and measurement was conducted including the department of the plant or facility involved as well as its owner and operator D. State the product tested and describe the conditions of the test including the measurement methodology E. Describe whatever efforts if any were used in the test to simulate the various conditions of possible or probable use of the product such as in confined spaces or tunnels F. State the asbestos exposure levels measured including the ranges measured median measurement and average measurement G. Identify to whom the test results were reported and 11 Identify all documents pertaining to the test and the custodian thereof 62 Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows based on Defendant's review of relevant records Union Carbide Corporation conducted airborne fiber counts at Marbletite on May 8 1973 May 10 1973 and May 16 1974 63 24 Financial Measurement Has Defendant ever conducted caused to be conducted or financially supported through at least a % contribution towards the total cost any asbestos epidemiologic toxicologic animal medical scientific tests reviews investigations analysis research or studies of any kind hereafter termed studies If so please state as to each such study A. Identify who directed or authorized that the study be done B. Identify the person or organization that conducted the study C. State the dates and over what time period the study was done D. Describe the study design and protocol E. State the complete results of the study including any conclusions or recommendations contained therein F. Identify all company officials who received notice of the existence of the study and its results G. Identify all documents relating to the study and the custodian thereof and H State whether the study was ever published and if so state the study title and citation Answer No. 64 25 Literature Review Has Defendant ever conducted caused to be conducted or financed through at least a % contribution towards the total cost any effort to monitor or review the professional literature regarding the clinical epidemiologic toxicologic industrial hygiene medical and scientific aspects of asbestos and products containing excluding for the purposes of litigation If so please state the following as to each effort A. Identify who directed or authorized that the effort be done Identify the person or organization that conducted the effort State the dates and over what time period the effort was done Describe the effort design and protocol State the complete results of the effort including any conclusions or recommendations contained therein Identify all company officials who received notice of the existence of the effort and its results Identify all documents relating to the effort and the custodian thereof and State whether the effort was ever published and if so state the effort title and citation Answer No. 65 26 Specific Participation Did Defendant at any time in any way participate in any of Metropolitan Life Insurance Company's studies of asbestos conducted approximately between 1929-1940 any Trudeau Foundation Lake studies between 1929-1960 or any Industrial Hygiene Foundation studies between 1938-1968 If so identify each such study in which you were involved and state as to each A. What role or action you took in regard to the study B. Identify all documents related to your involvement in the study and the custodian thereof C Identify each of your facilities in which any part of the study was conc.ucted and reference your facility to the data reported in the study and D. Identify each of your officers supervisors managers or employees who assisted participated in or directed your involvement in the study Answer No. 66 27 Asbestos Hazard Did Defendant at any time prior to 1980 receive have notice of acquire or publication statement warning order directive letter possess any advice memorandum recommendation or document written or oral in any way related to asbestos and health hazards or which implicitly or explicitly refers to asbestos and health issues If so state the following as to each such document and oral conversation and each such occasion prior to 1980 A. When any of this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired B Identify all documents pertaining to the advice publication statement warning order directive letter memorandum or recommendation and the custodian thereof C Identify all company officials and directors who received notice of the existence of the document or oral conversation For each such oral conversation state the approximate date of said conversation and the parties to said conversation and D. What action if any was taken by you as a consequence of the document or oral conversation Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome this Defendant In accordance with the foregoing objections this response is limited to tuhpeoanlleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows to the best of Defendant's knowledge and based a reasonable search of Defendant's records Defendant has not located any documentuspoonr information responsive to this Interrogatory Further there are no person who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory However Defendant refers to Exhibit No. 1 John Cowie's deposition wherein Mr. Cowie testified that he first new of the dangers of asbestos in 1974 and shortly thereafter raw asbestos was no longer used in Defendant's products 67 28 Knowledge Please state whether Defendant obtained prior to 1980 any knowledge concerning the association if any between the inhalation of asbestos fibers and a lung disease known as asbestosis in users consumers and persons exposed to asbestos and asbestos containing products If so please state A. When any of this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired As to each such occasion thereafter in which your knowledge as to asbestosis increased either relative to the types of exposures i.e. trades and occupations etc. and types of products which became associated with the development of asbestosis state 1 when was this additional knowledge acquired 2 how was this additional knowledge acquired 3 identify by whom it was acquired 4 _ state the substance of the additional knowledge acquired Identify all documents relevant to your acquisition of knowledge concerning the disease asbestosis and the custodian thereof and If any of the foregoing knowledge was acquired through an oral conversation identify each such oral conversation the approximate date of said conversation and the parties to said conversation Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged 68 exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows relying on the information contained in the Exhibits attached hereto it is apparent that from the early 1970's Defendant knew of the disease of pneumoconiosis and placed a cautionary statement concerning the inhalation of dust and the use of a respirator when using this Defendant's products 29 Knowledge Cancer Please state whether Defendant prior to 1980 ever obtained any knowledge concerning the association if any between the inhalation of asbestos fibers and lung cancer in users consumers and persons exposed to asbestos and asbestos containing products If so please state A. When any of this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired B. As to each such occasion thereafter in which your knowledge as to lung cancer increased either relative to the types of exposures i.e. trades and occupations etc. and types of products which became associated with the development of lung cancer state 1 when was this additional knowledge acquired 2 how was this additional knowledge acquired 3 identify by whom it was acquired 4 state the substance of the additional knowledge acquired C. Identify all documents relevant to your acquisition of knowledge concerning lung lung cancer and the custodian thereof and D. If any of the foregoing knowledge was acquired through an oral conversation identify each such oral conversation the approximate date of said conversation and the parties to said conversation 69 Answer Interrogatory To the best of Defendant's knowledge and based upon reasonable search of Defendant's Defendant has not located any documents or information responsive to this Interrroegcaotrordys Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this 30 Mesothelioma Please state whether Defendant prior to 1980 ever obtained any knowledge concerning the association if any between the inhalation of asbestos fibers and mesothelioma in users consumers and persons exposed to asbestos and asbestos containing products If so please state A When any of this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired B As to each such occasion thereafter in which your knowledge as to mesothelioma increased either relative to the types of exposures i.e. trades and occupations etc. and types of products which became associated with the development of mesothelioma state 1 when was this additional knowledge acquired 2 how was this additional knowledge acquired 3 identify by whom it was acquired 4 _ state the substance of the additional knowledge acquired C. Identify all documents relevant to your acquisition of knowledge concerning mesothelioma and the custodian thereof and D. If any of the foregoing knowledge was acquired through an.oral conversation identify each such oral conversation the approximate date of said conversation and the parties to said conversation 70 Answer To the best of Defendant's knowledge and based upon reasonable search of Defendant's Defendant has not located any documents or information responsive to this Interrroegcaotrordys Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory 30 Mesothelioma Please state whether Defendant prior to 1980 ever obtained any knowledge concerning the association if any between the inhalation of asbestos fibers and mesothelioma in users consumers and persons exposed to asbestos and asbestos containing products If so please state A When any of this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired B As to each such occasion thereafter in which your knowledge as to mescthelioma increased either relative to the types of exposures i.e. trades and occupations etc. and types of products which became associated with the development of mesothelioma state 1 when was this additional knowledge acquired 2 how was this additional knowledge acquired 3 identify by whom it was acquired 4 _ state the substance of the additional knowledge acquired C. Identify all documents relevant to your acquisition of knowledge concerning mesothelioma and the custodian thereof and D. If any of the foregoing knowledge was acquired through an.oral conversation identify each such oral conversation the approximate date of said conversation and the parties to said conversation 70 Answer To the best of Defendant's knowledge and based upon reasonable search of Defendant's records Defendant has not located any documents or information responsive to this Interrogatory Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory 31 Knowledge of the Gastrointestinal Tract Please state whether Defendant ever obtained any knowledge concerning the association if any between the inhalation of asbestos fibers and cancer of the gastrointestinal tract i.e. colon stomach etc. in users consumers and persons exposed to asbestos and asbestos containing products If so please state A. | When any of this knowledge was first acquired how it was acquired identify by whom it was acquired and state the substance of the knowledge acquired B. As to each such occasion thereafter in which your knowledge as to cancer of the gastrointestinal tract increased either relative to the types of exposures i.e. trades and occupations etc. and types of products which became associated with the development of cancer of the gastrointestinal tract state ) when was this additional knowledge acquired 2 how was this additional knowledge acquired 3 identify by whom it was acquired 4 _ state the substance of the additional knowledge acquired C. Identify all documents relevant to your acquisition of knowledge concerning cancer of the gastrointestinal tract and the custodian thereof and D. If any of the foregoing knowledge was acquired through an oral conversation identify each such oral conversation the approximate date of said conversation and the parties to said conversation 71 Answer To the best of Defendant's knowledge and based upon reasonable search of Defendant's records Defendant has not located any documents or information responsive to this Interrogatory Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory 32 Description Please provide the following information as to each caution warning or hazard statement or explanation involving asbestos alleged to have been placed on the products or packaging of asbestos containing products by you A. | What was its precise wording B. Where was located on the product or packaging and what was the size and color of the lettering C. Has the wording or its presentation ever been altered and if so how and when D The years during which each version of a caution warning or hazard statement appeared on each individual product identified in responding to interrogatory 14 E Identify all company officers and committees who participated in the decision to affix each version of the caution warning or hazard statement to a product or its packaging and in particular identify the prime decision if any and F. Identify all documents related in any way to each caution warning or hazard statement and the custodian thereof 72 Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's and therefore seeks information that is not relevant and is not likely to lead to the pdirsocdouvcetrsy of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows beginning in the early 1970's a cautionary statement was placed on promotional material and on bags containing various asbestos containing products 33 Warning Has Defendant ever placed any form of package insert or informative brochure in a container of an containing product listed in response to interrogatory 14 explaining the hazards of asbestos If so state as to each such insert or brochure A. When was it first placed in containers and for what years thereafter B. What products had the insert or brochure included C. Describe the size shape color and text of the insert or brochure D. Identify all persons involved in the decision to include the insert or brochure and E. Identify all company officers and committees who participated in the decision to include an insert or brochure and in particular identify the prime decision if any and F. Identify the insert and brochure itself and the custodian thereof 73 Answer See Response to Interrogatory No. 32 34 Customer State whether you published and otherwise provided any of your distributors and customers with any instructions in regard to the asbestos hazards if any presented by use of Defendant's containing products other then inserts or labels i.e. promotional pamphlets product manuals specification sheets sales brochures etc. If so please state A. When such instructions were first given B. By whom and when were these instructions made C. State the specific instructions provided and D. Identify all oral communications and documents related to these instructions If oral identify the approximate date of said communication and the parties involved if written provide the custodian of said documents Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows Beginning in the early 1970s there was a cautionary statement as referred to in the Answers to Interrogatories Exhibit 2. Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory 74 35 Warning Has Defendant ever placed any form of disposable face mask or respirator in a container of an containing product for later use by persons who would handle and be exposed to the product If so please state A. The products covered by the practice B. The year this practice began and the years it was implemented C. Describe the type of face mask or respirator included in the container and D. Identify all oral communications and documents related to this practice If oral identify the approximate date of said communication and the parties involved if written provide the custodian of said documents Answer 75 36 Sales Material Has Defendant at any time published and distributed any sales brochures promotional pamphlets product manuals specification sheets or other written sales materials or documents of any kind or character If so please A. Identify each such document and the custodian thereof B. State for what period of time you published and distributed sales brochures promotional pamphlets product manuals specification sheets or other written sales material or documents without any form of warnings cautions hazard statements or explanations concerning asbestos Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows Defendant responds yes In further response to this Interrogatory Defendant refers to the Exhibits attached hereto particularly Exhibit No. 2 76 37. Advertisement If you advertised any of your containing products listed in response to interrogatory 14 in newspapers magazines or other publications at any time from 1930 to the present please state for each such advertisement that contained a warning regarding your products A. The name of the publication in which it appeared including the date and page number B. A complete transcript of the advertisement and a description of any pictures accompanying it C. The name and address of the person or agency that was approving each such advertisement responsible for D. The name and address of whoever has current custody of the described advertising literature and E. documents relatintgo such advertisements and the custodian thereof Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows various promotional materials contained the same or similar cautionary statement as referenced in Exhibit No. 2 77 38 Product Documents Has any written material of any kind or character been prepared by Defendant or its agents indicating how your containing products should be used and maintained then information in regards to the hazards if any presented by use of the defendant's asbestos containing products If so please state as follows A. Identify all such material and the custodian thereof B. The name address and job classification of each person who prepared same and C. The dates and manner in which said material was distributed to purchasers of Defendant's products Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's and therefore seeks information that is not relevant and is not likely to lead to the pdirsocdouvcetrsy of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows various promotional materials contained the same or similar cautionary statement as referenced in Exhibit No. 2 78 39 Asbestos Injury Did Defendant receive notice prior to 1975 that any person was claiming injury as a result of using containing products mined manufactured sold and used by you If so please state as to cach such claim A. The name of the claimant B. The date of notice of the claim C A description of the claim including the type of exposure experienced by the claimant e.g. mining milling manufacturing insulating etc. D. The type of injuries allegedly sustained E. The caption and court address of the court or workers compensation file number of the claim F. Identify all documents relating to the claim and the custodian thereof Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows to the best of Defendant's knowledge and based upon a reasonable search of Defendant's records Defendant has not located any documents or information responsive to this Interrogatory Further there are no persons who are currently employed by or otherwise under the control of this Defendant with sufficient knowledge to 79 respond to this Interrogatory 40 Knowledge Defense Identify any and all documents including statements and trial deposition testimony of current or former employees of Defendant in possession of Defendant indicating that A. Defendant relied upon the January 1946 article A health Survey of Pipe Covering Operations in Constructing Naval Vessels by Walter E. Fleischer Frederick J. Viles Jr. Robert L. Gade and Philip Drinker as a reason for not warning or informing users or consumers of containing products manufactured distributed and sold by Defendant of any and all actual or potential health hazards associated with such products B. Defendant relied upon the Threshold Limit Value of 5 million particles per cubic foot as a reason for not warning or informing users or consumers of containing products manufactured distributed and sold by Defendant of any and all actual or potential health hazards associated with such products Answer None 80 41 Specific Trade Association Please state whether Defendant has ever been a member of any of the following business groups or group with similar name listed below or any other trade or similar association task force committee or subcommittee of such associations in any way concerned with potential adverse health effects including cancer which may be associated with human or animal exposure to toxic or carcinogenic substances including but not limited to asbestos If so answer the following as to each group 1 The years during which you were a member 2. Describe the nature of your participation including every committee division subcommittee work group panel etc. in which any of your employees or representatives participated including but not limited to the years of such participation nature and date of each meeting attended 3 Identify all documents in your possession relating in any way to the group including documents before during and after the period of your membership and the custodian thereof 4 Identify any office held by any employee or representative and 5 Identify any and all employees or representatives who participated participated in the group and in any committee division subcommittee work group panel etc. of said group GROUPS A. Industrial Health Foundation or one of its predecessors B. Asbestos Textile Institute 81 Asbestos Information Association of North America National Mineral Wool Producers Association Mineral Wool Institute Industrial Mineral Insulation Manufacturers Institute Asbestos Cement Pipe Producers Association H. Magnesia Insulation Manufactures Association American Industrial Hygiene Association J. Brake Lining Manufacturers Association K. Friction Materials Standards Institute Inc Asbestos Brake Lining Manufacturers Institute N. Quebec Asbestos Mining Association QAMA Institute of Occupational and Environmental Health of Quebec Asbestos Mining Association 0. American Society for Testing and Materials Grinding Wheel Institute Trudeau Foundation National Safety Council National Insulation Manufacturers Association NIMA ; Thermal Insulation Manufacturers Association TIMA The Refractories Institute American Petroleum Institute Chemical Manufacturers Association Vinyl Institute Society of Plastics Industries 82 Z. Ethylene Oxide Industry Council 83 AA Chlorine Institute and BB Asbestos Information Association AIA CC Northwest Magnesia Association DD National Insulation Contractors Association MCA EE Air Hygiene Foundation and FF Asbestos Brake Lining Manufacturers Institute Answer Please see No. 2 specifically Luis Gutierrez's Response to Interrogatory No. 41 84 42 Persons Most Knowledge Please identify the employee or former employee most knowledgeable within the following areas In your answer please state the time period during which each was the most knowledgeable as well as the positions each held in your company A. Any potential adverse health effects which may be associated with exposure to asbestos Toxicological studies for asbestos which this Defendant either conducted coordinated or in which the Defendant in any way participated between 1945 and the present which relate to asbestos All documents which Defendant possess or possessed at any time between 1945 and the present which express the opinion or discuss the hypothesis that asbestos is associated with any adverse health effects in humans or animals or which discusses the potential for asbestos to cause any adverse health effects in humans or in animals All documents which Defendant possessed between 1930 and 1985 which might reasonably be anticipated to express the opinion or hypothesis that asbestos is associated with any adverse health effects in humans or animals -or which discusses the potential for asbestos to cause any adverse health effects in humans or in animals which have been destroyed since 1970 All documents which Defendant possesses or possessed between 1930 and the present which might reasonably be anticipated to express the opinion or hypotheses that asbestos is associated with any adverse health effects in humans or animals or which discusses the potential for asbestos to cause any adverse health effects in humans or in animals which have been cataloged indexed or otherwise listed or summarized by any person or entity an any time Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without 85 waiving the foregoing objections Defendant states as follows the only persons known to this Defendant are John Cowie deceased as referenced herein regarding Exhibit No. 1 and Luis Gutierrez as referenced herein regarding Exhibit No. 2. Mr. Gutierrez is not an employee of this Defendant and is not under the control of this Defendant 43 Knowledge - MAC Please state whether Defendant ever had knowledge regarding any of the following standards and regulations listed below which were adopted by various states and governmental entities or any other TLVs Threshold Limit Values PELS Permissible Exposure Limits MACs Maximum Allowable Concentration or standards and regulations which regulated limited or defined exposure levels of asbestos and the amount of airborne asbestos dust and fiber which a person could be permissibly exposed to If so answer the following as to each standard and regulation 1 The year during which Defendant became aware of the standard and regulation 2 Describe Defendant's understanding of the requirements of the standard and regulation and its applicability to Defendant 3 Describe any action taken by Defendant if any regarding attempts to satisfy the requirements of the standard and regulation 4 Identify any documents which refer to the standard and regulation and the custodian thereof and 5 Identify any and all employees and representatives of Defendant who were responsible for compliance with the standard and regulation or who made any determination regarding the applicability of the standard and regulation to Defendant STANDARDS and REGULATIONS A. Industrial Commission of Minnesota Safety Standards 1950 1964 B. Occupational Health Standards State of Washington 86 C. Safety Code State of Oregon 1945 1949 1956 D. Industrial Safety Orders State of California 1968 E. Public Health Code State of Connecticut 1947 1951 1954 1958 1961 1964 1965 F. Regulations for Control and Prevention of Occupational Diseases State of Florida 1957 1964 G. Employment Safety Rules State of Iowa 1968 H. Occupational Health Standards State of Maine 1968 I. Occupational Air Contaminants Statutes State of Michigan 1948 J. Safety Standards State of Nevada 1955 1964 K. Safety Regulations State of New Jersey 1958 1963 L. Industrial Code Rules State of New York 1961 1945 M. Arizona Revised Statutes Ann Section 41-1002 M. Cal Admin Code Title 8 Section 2047 1946 Florida Safety and Health Standards Chapter 38F43.03 1979 revised by Chapter 43.003 1990 Fla Stat Section 440.152 Resolution Adopting Regulations for Control and prevention of Occupational Diseases in Industry in the State of Florida Section 446.152 1945 Regulation for Control and prevention of Occupational Diseases 8AS 1957 1855-1 regulation Relating to Hazardous Atmospheres in Confined Spaces 8AS 1969 P. Public health Regulations Chapter 24 Section 12 Part B State of Hawaii Q. Idaho Safety Code 1 Chapter LE Section 3102 State of Idaho 87 Stanislawski v Industrial Commissioner 99 Ill 36 75 Ill Dec. 405 457 N.E.2d 399 1983 et seq OSHA State of Illinois See Burns Administration Rules and Regulations 22-1-1-10 Repealed 1988 State of Indiana The Iowa departmental Rules July 1968 Supplement Me Rev. Stat Ann Section 1271-1284 1989 abatement State of Maine COMAR 26.02.02.02 State of Maryland Mich Admin code R. 325.1352 1962 Supplement Industrial safety Standards Laws and Codes for the Prevention of Accidents and the Preservation of Health State of Minnesota Safety Standards for the Prevention and Control of Occupational Diseases 1955 State of Nevada N.H. Rev. Stat Ann Section 141E 1987 State of New Hampshire AA Safety Regulation No. 3 establishing threshold limit values for dusts vapors fumes gases and mists 1967 State of New Jersey BB Title 12 NYCRR Part 12 1956 1958 1963 and 1971 State of New York CC Legal Requirements for the Prevention and Control of Industrial Public Health Hazards 1946 Ohio Admin Code Section 3701-19 State of Ohio DD Okla Stat tit 40 Section 451-457 Supp 1989 applies to abatement only State of Oklahoma EE Oregon Administrative Rules Chapter 333-22-002 et seq adopted pursuant to ORS 431.035 et seq see also Oregon OSHA regulations for post 1970 standards in effect FF 25 Pa Code Section 201.1 1981 State of Pennsylvania GG R.I. General Island Laws Section 23-24.5-5 1985 Reenactment State of Rhode 88 HH Rules and Regulations Governing Industries Section 6 State of South Carolina II Texas State Department of Health Occupational Health Regulation No. 3 Threshold Limit Values ofAirborne Contaminants JJ Dept. of Labor & Industries Occupational Health Standards Chapter 62 WAC 296 KK Occupational Safety Standards Relating to Asbestos Exposure 29 C.F.R. Section 1910.1001 1988 State of Washington D.C. LL Chapter 5 Article I Section 1 Industrial Hygiene Regulations State of West Virginia MM W.A.C.I. Section 20.02 19640 State of Wisconsin NN Wyoming Occupational Health and Safety Rules and Regulations Change 9 1987 State of Wyoming 00. Wyoming Occupational Health and Safety Rules and Regulations Change 13 1989 State of Wyoming PP Occupational and Industrial health Regulations State of West Virginia 1951 QQ Industrial Commission Rules State of Wisconsin 1964 Maryland Statutes and Regulations adopting the TLV SS Occupational Health Regulations for Maximum Permissible Concentrations of Atmospheric Contaminants in Places of Employment Adopted by the Texas State Board of Health on 6/9/58 TT American Conference of Industrial Hygienist ACGIH .TLV adopted in 1946 UU American Conference of Industrial Hygienist ACGIH TLV revised in 1968 VV OSHA PEL adopted in May 1971 WW OSHA PEL and peak exposure level ETS issued in December 1971 89 XX OSHA PEI and peak exposure level revised in June 1972 YY OSHA PEL revised in July 1976 ZZ OSHA PEL revised in July 1986 Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows to the best of Defendant's knowledge and based a upon reasonable search of Defendant's records Defendant has not located any documents or information responsive to this Interrogatory Further there are no persons who are currently currently employed by or otherwise under the control of this Defendant with sufficient knowledge to respond to this Interrogatory Defendant has no knowledge of whether prior employees have the knowledge requested in this Interrogatory concerning any of the standards and regulations cited 44 Library Please state whether Defendant ever maintained any form of library or collection of books and publications If so state the following as to each such library located A. The original location of the library including the building in which it was B. The years during which the library was in operation C. The offices plant facilities departments or other organizational units serviced by the library D. Identify each custodian of the library or librarian as well as the years of his service as librarian 90 Answer Defendant specifically incorporates herein its previously stated Preliminary Statement General Objections and Reservation of Rights Specifically this Interrogatory is not limited in time and scope to the parameters of Plaintiff's alleged exposure to this Defendant's products and therefore seeks information that is not relevant and is not likely to lead to the discovery of admissible evidence in addition to being unduly burdensome upon this Defendant In accordance with the foregoing objections this response is limited to the alleged exposure periods as relevant to this Defendant Subject to and without waiving the foregoing objections Defendant states as follows Defendant does not maintain a formal library However this Defendant has a few manuals and publications concerning industry standards and some books on competitors that manufacturer similar products These publications are located in the Pompano Beach Florida Premix's office 91 envers STATE OF FLORIDA ) ) ss - COUNTY OF BROWARD ) 20th day August August The foregoing instrument was acknowledged before me this of ' August 2012 by Howard Etter Vice President of Marbletitea Marbletitea Florida corporation on behalf of the corporation who is personally known to me or who has produced as identification Notary Public STATE OF FLORIDA Print Name Ki imberly S. Smith My Commission Expires UNE, SBE, Kimberly S. Smith Py #EE FE" CE COMMISSION 133745 Sep eaes EXPIRES NOV 25 2015 RETO WWW.AARONNOTARY.com 92