Document ppn5k5k35owxmmqBx0V3O88nw

fc* 1 MARIE j. BASSI, ESQ. (SBN 130882) ROBERT J. RYAN, ESQ. (SBN 122141) 2 JEREMY D. HUIE, ESQ. (SBN 191145) BASSI, MARTINI, EDLIN & BLUM LLP 3 351 California Street, Suite 200 San Francisco, CA 94104 4 (415)397-9006 5 Attorneys for Defendant SQUARE D COMPANY 6 Paul, Hanley & Harley llp I11M , c onnK JUNIOR 'M' M -- SLhftt .Hand Case Attorneys u Q=^ Forwarded tojjfcJuL 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO EXHIBIT 10 CIVIL UNLIMITED JURISDICTION Pfi-n-nS fin 11 /=> . 12 In Re: 13 ' 14 COMPLEX ASBESTOS LITIGATION 15 16 ' 17 18 ) Case No. 828684 ) ) ) DEFENDANT SQUARE D ) COMPANY'S RESPONSES TO ) PLAINTIFFS' STANDARD ) INTERROGATORIES PURSUANT ) TO GENERAL ORDER NO. 129 ) ) ) ) 19 Defendant SQUARE D COMPANY, ("Square D") hereby responds to Plaintiffs' 20 Standard Interrogatories to All Defendants under San Francisco Superior Court General Order 21 No. 129 ("Plaintiffs' GO 129 Discovery Requests") as follows: 22 PRELIMINARY STATEMENTS 23 Square D's Preliminary Statements are incorporated by reference into the discovery 24 responses set forth below, and are stated here for the convenience of the parties, and the Court. 25 1. . The following responses are based upon the information that is presently 26 27 known and available to Square D based upon a continuing and ongoing reasonable 28 investigation. Square D believes that these responses are accurate as of the date made. l DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES SC-SDC-5400 * 1 However, many of the matters inquired about in Plaintiffs' GO 129 Discovery Requests 2 took place decades ago. Therefore, some information may be incomplete or no longer 3 available due to the passage of time. Although Square D has endeavored to conduct a 4 5 reasonable investigation, it cannot exclude the possibility that its continued review of 6 these subjects may reveal more complete information. Consequently, Square D's review 7 of the matters inquired into by Plaintiffs' GO 129 Discovery Requests continues, and, to 8 the extent appropriate, Square D reserves the right to further supplement or amend its 9 objections and responses. 10 ' 11 2. For over 100 years. Square D conducted operations manufacturing a 12 diverse and broad range of electrical equipment products, which have been steadily 13 developed and improved over time to satisfy emerging industry and customer demands as 14 well as advances in design and technology. To require Square D to conduct an unlimited 15 scope of inquiry into every product, and every iteration of every product, that it ever 16 manufactured and to provide the kind of broad information requested by Plaintiffs' GO 17 18 129 Discovery Requests is unfair, unreasonable, and would involve enormous expense 19 and an unnecessary burden on Square D's part. 20 3. In several instances, Plaintiffs' GO 129 Discovery Requests refers to the 21 terms "asbestos-containing product" and "asbestos product" which is used in the context 22 of this Defendant variously and inconsistently to describe undefined products, possibly 23 24 including electrical equipment products, and heavy industrial crane control and crane 25 brake assembly products. Indeed, Square D does not reasonably consider that it either 26 manufactured or sold "asbestos-containing products" as that term is used and understood 27 generally and particularly within the context of asbestos litigation. In light of the 28 2 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . * 1 foregoing, and based on the limited information provided to date, Square D assumes that 2 Plaintiffs' alleged exposures against defendant in the Northern California litigation relate 3 exclusively to certain broad and undefined general classifications of electrical equipment 4 5 products manufactured by Square D. As such, Square D will nevertheless make a 6 reasonable and good faith effort to provide what it understands to be responsive 7 information to these unlimited discovery requests. To the best of Square D's present 8 knowledge, only some of its electrical equipment products may have incorporated 9 asbestos-containing components during limited periods of time. Accordingly, Square D's .10 11 responses, unless otherwise indicated, are necessarily and reasonably limited to such 12 electrical equipment products manufactured and sold by Square D. 13 4. In several instances. Plaintiffs' GO 129 Discovery Requests refer to the 14 interchangeable terms "Defendant," "You," "Your" and "Your Company." Unless 15 otherwise stated, these terms shall be reasonably understood to refer to Square D 16 Company, a business corporation originally formed in Michigan in approximately 1903 as 17 18 the McBride Manufacturing Company, which after successive name changes, became 19 known as Square D Company in approximately 1917. 20 5. Square D submits these responses on its own behalf and for-no other 21 entity, including without limitation, any other parent, subsidiary, or affiliated entities. 22 6. Plaintiffs' GO 129 Discovery Requests seek information, which is not, and 23 24 may not have been, within the personal knowledge or possession or control of Square D, 25 its employees, or agents. ' 26 7. Square D notes that certain of Plaintiffs' GO 129 Discovery Requests to 27 the extent they seek the production or disclosure of communications prepared by or for 28 .3 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES - * 1 Square D's lawyers, which communications (a) were made by or to legal counsel in 2 anticipation of or in connection with litigation, or (b) reflect confidential and privileged 3 * communications between or among counsel, representatives ofSquare D and/or non 4 5 testifying experts retained for "purposes of assisting Square D qr its counsel in litigation. 6 Square D will not produce or disclose such privileged communications; in addition, . 7 Square D will not disclose; or otherwise identify such privileged communications, in 8 response to written discovery or on any listing of documents or things withheld from 9 production. 10 . 11 8. In responding to Plaintiffs' GO 129 Discovery Requests, Square D does 12 not waive, and expressly preserves the following objections: 13 ' a. All objections regarding competency, relevancy, materiality and _ 14 admissibility; 15 b. 16 c. 17 18 All objections regarding the use of the responses in any proceeding; All objections to any further interrogatories or other discovery requests involving, or related to, any of the requests in Plaintiffs' GO 129 19 Discovery , Requests. .. . 20 9. Square D does not concede that any of its responses to Plaintiffs' GO 129 21 Discovery Requests.are admissible evidence at any trial. Accordingly, Square D does not 22 waive any objections, on'any ground, whether or not asserted herein, to the .use of such 23 24 answers at trial. .. .. 25 RESPONSE TO INTERROGATORIES 26 INTERROGATORY NO. 1: 27 IDENTIFY the person verifying these answers on YOUR behalf 28 ;________________________ _____________ 4: DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES t 1 RESPONSE TO INTERROGATORY NO. 1: 2 Subject to and without waiving the foregoing Preliminary Statements, the information set 3 forth in these answers has been compiled by legal counsel from information developed during the 4 5 course of discovery activities for similar, previously filed litigation. Such information has 6 developed over a period of time through conversations with individuals and by reviewing 7 documents and other materials. By way of further answer, Robert Barbaglia provided , 8 information used in answering these Interrogatories and verifies these answers.. 9 INTERROGATORY NO. 2: ID 11 State the date of first employment with YOU, and the dates and titles of each job position 12 the person verifying these interrogatories has held while employed by YOU. ' 13 RESPONSE TO INTERROGATORY NO. 2: 14 Subject to and without waiving the foregoing Preliminary Statements, Square D 15 incorporates its objections and response to Interrogatory No. 1. By way of further response, 16 17 Robert Barbaglia began employment with Square D in approximately 1985. 18 INTERROGATORY NO. 3: 19 State whether or not YOU are a corporation, and if so, state: 20 A. YOUR correct corporate name; 21 B. YOUR state of incorporation; 22 C. The date of YOUR incorporation; 23 24 D. The address of YOUR principal place of business; . * 25 E. Whether or not YOU have ever held a certificate of authority to do business in the 26 State of California, and if so, the inclusive dates of any certificate; 27 F. If YOU are wholly owned or the majority interest of YOUR company is owned by 28 5 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 . STANDARD INTERROGATORIES % 1 another business entity, state the entity's name and principal place of business; 2 G. Whether YOU have any business offices in California, and, if so, YOUR principal 3 place of business in California. 4 5 RESPONSE TO INTERROGATORY NO. 3: 6 Subject to and without waiving the foregoing Preliminary Statements, the correct 7 corporate name for this defendant is "Square D Company." See General Objection No. 3. By 8 way of further response. Square D was originally incorporated in Michigan in approximately 9 1903 under the name McBride Manufacturing Company. After successive name changes, 10 11 McBride Manufacturing Company eventually became known as Square D Company in 12 approximately 1917. In or about 1988, Square D Company reincorporated in Delaware. Square 13 D's principal place of business is in Palatine, Illinois. Upon information and belief, Square D 14 does business in the State of California and its agent for service of process is C T Corporation 15 Systems. 16 17 INTERROGATORY NO. 4: 18 Have YOU ever been identified, known, or done business under any other name in the 19 State of California? 20 RESPONSE TO INTERROGATORY NO. 4: > 21 Subject to and without waiving the foregoing Preliminary Statements, Square D 22 23 incorporates by reference its objections and response to Interrogatory No. 3. 24 INTERROGATORY NO. 5: 25 If your answer to Interrogatory No. 4 is in the affirmative, please state such name or 26 names and the time period during which THIS DEFENDANT was so known or identified. 27 ' 28 6. DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 ' STANDARD INTERROGATORIES * 1 RESPONSE TO INTERROGATORY NO. 5: 2 Subject to and without waiving the foregoing Preliminary Statements, Square D 3 incorporates by reference its objections and response to Interrogatory No. 3. 4 5 INTERROGATORY NO. 6: 6 If YOU are not a corporation, what is YOUR business structure (partnership, joint 7 venture, sole proprietorship, etc.): 8 RESPONSE TO INTERROGATORY NO. 6: 9 Subject to and without waiving the foregoing Preliminary Statements, this Interrogatory is 10 11 not applicable to Square D. By way of further response, Square D incorporates by reference its 12 objections and response to Interrogatory No. 3. 13 INTERROGATORY NO. 7: 14 If YOU are not a corporation, please IDENTIFY all persons or other entities with an 15 ownership interest in YOU. 16 RESPONSE TO INTERROGATORY NO. 7: 17 18 Subject to and without waiving the foregoing Preliminary Statements, this Interrogatory is 19 not applicable to Square D. By way of further response, Square D incorporates by reference its 20 objections and response to Interrogatory No. 3. 21 INTERROGATORY NO. 8: 22 23 If you are not a corporation, please state the following: * 24 A. Currently located; and 25 B. The name, job title and current address of the Custodian for THIS 26 DEFENDANTS HISTORICAL RECORDS. 27 . As used herein, "HISTORICAL RECORDS" shall include all DOCUMENTS relating to 28 7 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES X 1 the formation of THIS DEFENDANT, all minutes of partners', general partners', or other 2 owners' meetings, and all DOCUMENTS relating to THIS DEFENDANT'S merger with, 3 acquisition of or purchase, or sale of or by any other COMPANY. 4 5 RESPONSE TO INTERROGATORY NO. 8: . 6 Subject to and without waiving the foregoing Preliminary Statements, this Interrogatory is 7 not applicable to Square D. By way of further response, Square D incorporates by reference its 8 objections and response to Interrogatory No. 3. 9 INTERROGATORY NO. 9: 10 11 IDENTIFY YOUR custodian of Business Records. 12 RESPONSE TO INTERROGATORY NO. 9: 13 In addition to the Preliminary Statements set forth above, Square D objects to this 14 Interrogatory erroneously presumes facts that are unproven or do not apply to Square D. For 15 example, it presumes that Square D has, or is obligated to have, a "custodian of business 16 records." Subject to and without waiving the foregoing objections, each employee is to one 17 18 extent or another a "custodian of records" and is expected to comply with retention guidelines. 19 Retention and disposal ofrecords pursuant to these guidelines rests with the individual and/or 20 departmental custodian. 21 INTERROGATORY NO. 10: 22 IDENTIFY the person or persons most knowledgeable about: 23 24 A. YOUR acquisition of RAW ASBESTOS and/or ASBESTOS-CONTAINING 25 PRODUCTS; 26 B. YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 27 PRODUCTS; 28 ____________________________ 8____________________________ DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 C. YOUR contracting with others to do work involving use or handling of RAW 2 ASBESTOS or ASBESTOS-CONTAINING PRODUCTS. 3 RESPONSE TO INTERROGATORY NO. 10: 4 5 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 6 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 7 packaged "asbestos-containing products" as those terms are generally understood and applied in 8 the asbestos litigation process. Square D further objects to this Interrogatory as overly broad, 9 10 unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence 11 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 12 asbestos-containing products at Square D facilities. Square D further objects that this 13 Interrogatory is overly broad, confusing, vague, and ambiguous by use of the phrase "contracting 14 with others" which terms, are subject to more than one meaning, and are confusing or 15 . misleading. In responding to this Interrogatory, however, Square D understands that "contracting 16 17 with others" shall refer to the installing or removing of asbestos insulation. Subject to and 18 without waiving the foregoing objections, Square D manufactured and sold electrical equipment 19 products some of which may have incorporated, at one time, encapsulated components that may 20 have contained some quantity of chrysotile asbestos. In general, asbestos-containing components 21 in Square D equipment could be found bound within the matrix of solid molded plastic-like 22 23 materials (used-to encase or to support) and/or arc suppression materials that are enclosed and 24 often sealed within a piece of equipment. By way of further response, Robert Barbaglia has 25 information regarding the use of such component parts in Square D electrical equipment products 26 generally. By way of further response, from at least 1955 to approximately the mid-1980s, 27 28 1 Square D also manufactured and sold heavy industrial crane control and crane brake assembly 9; DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 products, some of which may have incorporated similar molded plastic-like component parts or 2 brake shoe linings. 3 INTERROGATORY NO, 11: 4 5 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING 6 PRODUCTS, state the IDENTITY of physicians, medical directors and/or industrial hygienists 7 employed by YOU during the time frame or prior to the time YOU discontinued the marketing of 8 such products. All other DEFENDANTS need only respond as to medical directors and/or 9 industrial hygienists or physicians employed in the area of employee health and safety. 10 11 PREMISES owners and domestic corporations need only respond as to the United States. - 12 RESPONSE TO INTERROGATORY NO. 11: 13 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 14 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 15 packaged "asbestos-containing products" as those terms are generally understood and applied in 16 17 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 18 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 19 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 20 asbestos-containing products at Square D facilities. Square D further objects that this 21 Interrogatory is overly broad, confusing, vague, and ambiguous by use of the word "employed," 22 which is not defined, and is subject to more than one meaning. Subject to and without waiving 23 24 the foregoing objections, to the best of Square D's present knowledge, Square D is not aware of 25 having employed, as it understands that term, physicians, medical directors, or industrial 26 hygienists that were responsible for addressing asbestos-related health hazards, if any, associated 27 with the use and handling of electrical equipment products. Moreover, Square D is unaware of 28 io DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO, 129 STANDARD INTERROGATORIES . t 1 facts or circumstances necessitating the employment of such individuals in connection with the 2 manufacture of electrical equipment products. 3 INTERROGATORY NO, 12: 4 5 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf of ' 6 THIS DEFENDANT in a third-party case, in which THIS DEFENDANT was a party, wherein 7 the plaintiff has alleged an asbestos-related injury? If so, for each such third-party case (except 8 that Premises Defendants and Contractor Defendants need answer only with respect to cases 9 relating to sites within the GEOGRAPHIC AREA) please state: 10 ' 11 A. The caption and case number; 12 B. The court filing including state and county; 13 C. The date of deposition or trialtestimony; 14 D. The name and address ofplaintiffs' counsel of record; 15 E. The name and address of the court reporter. 16 RESPONSE TO INTERROGATORY NO. 12: 17 18 Subject to and without waiving the foregoing Preliminary Statements, to the best of 19 Square D's present knowledge, the answer is no. 20 INTERROGATORY NO. 13: 21 For each of the following, please state whether, at any time within the time frame or until 22 such time as any defendant which had been engaged in MARKETING RAW ASBESTOS or 23 24 ASBESTOS-CONTAINING PRODUCTS discontinued the MARKETING of such products, 25 THIS DEFENDANT was a member or paid dues for any representative of THIS DEFENDANT 26 (excluding faculty members of educational institutions) to be a member of the following: 27 A. American Conference of Governmental Industrial Hygienists; 28 ;____________________________________________n DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 B. American Industrial Hygiene Association; 2 C. American Petroleum Institute; 3 D. American Railroad Association; 4 5 E. Asbestos Cement Producers Association; 6 F. Asbestos Information Association (AIA)(please answer through date of your 7 answer); 8 G. Asbestos Information Association/North America (AIA/NA)(please answer 9 through date of your answers); 10 .' 1.1 H. Asbestos Textile Institute (ATI); 12 I. Industrial Hygiene Foundation and/or Industrial Health Foundation (IHF): 13 J. Industrial Mineral Insulation Manufacturers Institute; 14 K. Magnesia Insulation Manufacturers' Association; 15 L. Magnesia Silica Insulation Manufacturers Association; 16 M. Mineral Wool Institute; 17 . 18 N. National Insulation Manufacturers Association (NIMA); 19 O. National Safety Council; 20 P. New York Academy of Sciences; 21 Q. Quebec Asbestos Mining Association (QAMA); 22 R. Refractories Institute; 23 . 24 S. Safe Building Alliance (please answer through date of your answers); 25 T. Thermal Insulation Manufacturers Association (TIMA); 26 U. U.S. Maritime Commission; 27 V. IDENTIFY any other organizations, associations or groups of manufacturers, 28 12 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES ( 1 miners, distributors, importers, labelers, suppliers, and/or sellers ofASBESTOS-CONTAINING 2 PRODUCTS of which THIS DEFENDANT was-a member; 3 W. IDENTIFY any such representative of THIS DEFENDANT. 4 5 RESPONSE TO INTERROGATORY NO. 13: ' 6 In addition to the Preliminary Statements set forth above, Square D objects to this 7 Interrogatory on the grounds that it is overly broad, unduly burdensome, and seeks information 8 that is neither relevant nor reasonably calculated to lead to the discovery of admissible evidence 9 because it is not limited to the relevant time periods in which Plaintiffs allege exposure to certain 10 Square D electrical equipment products. Subject to and without waiving the foregoing 11 12 objections, Square D states to the best of its present knowledge, it has not'belonged to any 13 organizations which it views as relating to "asbestos-containing products." By way of further 14 answer, but without conceding the relevance of this response, Square D states that it or its 15 employees may have belonged to the following organizations: National Electrical Manufacturers 16 Association, Institute of Electrical and Electronics Engineers, and National Safety Council. As 17 18 noted above, Square D's investigation of this matter is continuing and it reserves the right to 19 modify or to supplement this response should additional information become available. 20 INTERROGATORY NO. 14: * 21 For each organization, association or other entity identified in YOUR Response to 22 Interrogatory No. 13, please state: 23 24 A. The dates during which THIS DEFENDANT was a member; 25 B. The name(s) of any publications) received by THIS DEFENDANT from such 26 association or organization; 27 C. The name of any committee or subcommittee of which THIS DEFENDANT was 28 __________________ 13 DEFENDANT SQUARE D COMPANY'S-RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . I 1 a member, and the dates of such committee or subcommittee membership. 2 RESPONSE TO INTERROGATORY NO. 14: 3 Subject to and without waiving the foregoing Preliminary Statements, Square D . 4 5 incorporates by reference its objections and response to Interrogatory No. 13. By way of further 6 response, to the best of Square D's present knowledge, Square D is currently a member of the 7 National Electrical Manufacturers Association, Institute of Electrical and Electronics Engineers, 8 and National Safety Council. As noted above. Square D's investigation of this matter is 9 continuing and it reserves the right to modify or to supplement this response should additional 10 information become available. 11 12 INTERROGATORY NO. 15: 13 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or 14 conclusions of any studies and/or tests conducted by Bonsib for Standard Oil of New Jersey 15 relating to asbestos exposure in the workplace or the human health consequences of exposure to 16 asbestos? If so: 17 18 A. Either (1) attach all DOCUMENTS evidencing the information sought in this 19 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 20 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 21 may be made the subject of a request for production of documents. ' 22 ` B. State the date upon which THIS DEFENDANT first received such 23 24 DOCUMENTS; 25 C. State the IDENTITY of the custodian of such DOCUMENTS. 26 D. This interrogatory does not apply to DOCUMENTS contained in a library 27 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 28 ;14 ________ DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 general public. 2 RESPONSE TO INTERROGATORY NO. 15: 3 In addition to the foregoing Preliminary Statements, Square D objects that this 4 5 Interrogatory is not reasonably calculated to lead to the discovery of any admissible evidence. 6 Subject to and without waiving the foregoing objections, Square D states that to the best of its 7 present knowledge, it did not'receive such studies in the ordinary course of business prior to 8 1973 . Moreover, Square D is unaware of facts or circumstances necessitating its familiarity with 9 such materials in the ordinary course of its business. 10 ' 11 INTERROGATORY NO. 16: 12 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies 13 and/or tests conducted by any insurance company, including but not limited to Metropolitan Life 14 Insurance Company and Aetna Insurance relating to asbestos exposure in the workplace or the 15 human health consequences of exposure to asbestos? If so: 16 ' 17 A. Either (1) attach all DOCUMENTS evidencing the information sought in this 18 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 19 containing such data, or (3) describe such DOCUMENTS with sufficient that they may be made 20 the subject of a request for production of documents. 21 . 22 B. DOCUMENTS; ' ' 23 C. State the IDENTITY of the custodian of such DOCUMENTS. * 24 D. This interrogatory does not apply to DOCUMENTS contained in a library 25 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 26 general public. . 27 . 28 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES " < ' s* 1 RESPONSE TO INTERROGATORY NO. 16: 2 In addition to the foregoing Preliminary Statements, Square D objects that this 3 Interrogatory is not reasonably calculated to lead to the discovery of any admissible evidence. 4 Subject to and without waiving the foregoing objections, Square D states that to the best of its 5 6 present knowledge, it did not receive such studies in the ordinary course of business prior to 7 1973. Moreover, Square D is unaware of facts or circumstances necessitating its familiarity with 8 such materials in the ordinary course of its business. 9 INTERROGATORY NO 17: 10 Had THIS DEFENDANT prior to 1973 received any DOCUMENTS containing results or 11 12 conclusions of any studies and/or tests conducted by any laboratory, including but not limited to, 13 the Saranac Laboratory relating to asbestos exposure in the workplace or the human health 14 consequences of exposure to asbestos? If so: 15 A. Either (1) attach all DOCUMENTS evidencing the information sought in this 16 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 17 18 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 19 may be made the subject of a request for production of documents. 20 B. State the date upon which THIS DEFENDANT first received such * 21 DOCUMENTS; 22 ' C. State the IDENTITY of the custodian of such DOCUMENTS. 23 24 D. This interrogatory does not apply to DOCUMENTS contained in a library 25 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing access to the 26 general public. 27 28 ______________ ;16V - DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' .GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . t 1 RESPONSE TO INTERROGATORY NO. 17: 2 In addition to the foregoing Preliminary Statements, Square D objects that this 3 Interrogatory is not reasonably calculated to lead to the discovery of any admissible evidence. 4 5 Subject to and without waiving the foregoing objections, Square D states that to the best of its 6 present knowledge, it did not receive such studies in the ordinary course of business prior to 7 1973. Moreover, Square D is unaware of facts or circumstances necessitating its familiarity with 8 such materials in the ordinary course of its business. 9 INTERROGATORY NO. 18: 10 Had THIS DEFENDANT (except for a defendant that is an educational institution) prior 11 12 to 1973 ever maintained a library (or libraries) which contained books, articles, periodicals, 13 journals, and/or reference materials that related to the subjects of asbestos, industrial hygiene, 14 medicine, safety and/or occupational disease. If so, state: 15 A. The date each such library was established; 16 B. The location of each such library; 17 18 C. The IDENTITY of each librarian or other person in charge of such library. 19 RESPONSE TO INTERROGATORY NO. 18: 20 ' In addition to the foregoing Preliminary Statements, Square D objects that this 21 Interrogatory is not reasonably calculated to lead to the discovery of any admissible evidence. 22 Subject to and without waiving the foregoing objections, Square D states that to the best of its 23 24 present knowledge, it did not maintain such a medical library related to asbestos prior to-1973. 25 Moreover, Square D is unaware of facts or circumstances necessitating that it maintain such 26 information relating to asbestos exposure in connection with the manufacture of electrical 27 equipment products. By way of further response, Square D maintained general reference 28 17 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . t1 1 materials and technical materials throughout the company which may have included, from time 2 to time, various industry periodicals, occupational health and medical periodicals, and other 3 topical reference materials. Such materials, however, were not indexed throughout the company, 4 5 readily searchable, or organized in a medical library. 6 INTERROGATORY NO. 19: 7 With the exception of OSHA compliance, had THIS DEFENDANT (except for a 8 defendant that is an educational institution) prior to 1980 exchanged DOCUMENTS or 9 communicated with any person or other COMPANY expressly regarding the results of tests 10 and/or studies relating to asbestos exposure in the workplace or the human health consequences 11 12 of exposure to asbestos? If so, state: . 13 A. Each person or COMPANY with whom the information was exchanged or to 14 whom it was communicated. 15 B. The date(s) of any such exchanges or communications; 16 C. The IDENTITY of the custodian of such DOCUMENTS. 17 18 RESPONSE TO INTERROGATORY NO. 19: 19 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 20 extent it erroneously presumes that. Square D mined, manufactured, processed, sold and/or 21 packaged "asbestos-containing products" as those terms are generally understood and applied in 22 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 23 24 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 25 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 26 asbestos-containing products at Square D facilities. 27 /// 28 18 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . I1 1 2 3 INTERROGATORY NO. 20: 4 Has any employee or designee of THIS DEFENDANT testified as a representative of 5 THIS DEFENDANT before the Occupational Safety and Health Administration, the National 6 Institute of Occupational Safety and Health, or any committee or subcommittee of the United 7 States Congress relating to asbestos exposure in the workplace or the human health consequences 8 9 of exposure to asbestos? If so, please state: 10 A. The entity before whom such testimony was given; 11 B. The date(s) and locations) of such testimony; 12 C. The IDENTITY of the individual(s) who so testified; 13 D. Whether any DOCUMENTS were presented to the entity before which testimony 14 was given; 15 E. Whether copies of DOCUMENTS presented were retained by THIS 16 DEFENDANT and, if so, state the IDENTITY of the custodian of such DOCUMENTS. 17 RESPONSE TO INTERROGATORY NO. 20: 18 Subject to and without waiving the foregoing Preliminary Statements, to the best of 19 Square D's present knowledge, no employee has testified before OSHA, NIOSH or Committees 20 21 of the U.S. Congress regarding asbestos health hazards. . .,, . 22 INTERROGATORY NO, 21: 23 Has THIS DEFENDANT (except for a defendant that is an educational institution) 24 conducted, or caused to be conducted, tests, and/or studies of ambient asbestos dust created 25 during the manufacture, processing and/or assembling for sale of ASBESTOS-CONTAINING 26 PRODUCTS? If so, state: 27 28 19 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES TJ 1 A. Each manufacturing facility, including location and address, at which any such 2 test and/or study was conducted; 3 B. The date of each such test and/or study; 4 C. The individual(s) or entity conducting each such test and/or study; . 5 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 6 and/or conclusions of each such study; 7 ' E. The IDENTITY of the custodian of such DOCUMENTS. 8 9 RESPONSE TO INTERROGATORY NO. 21: 10 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 11 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 12 packaged "asbestos-containing products" as those terms are generally understood and applied in 13 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 14 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 15 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 16 asbestos-containing products at Square D facilities. , 17 INTERROGATORY NO. 22: 18 Has THIS DEFENDANT (except for a defendant that is an educational institution) 19 conducted, or caused to be conducted, any tests and/or studies on ambient asbestos dust levels at 20 21 any location or job site where ASBESTOS-CONTAINING PRODUCTS were installed, utilized 22 or removed? If so, for the first 5 tests and/or studies, state: 23 A. The location, including name and address, at which each such test and/or study 24 was conducted; 25 B. The individual(s) or entity conducting each such test and/or study; 26 C. The date of each such test and/or study; 27 28 ___________________________________________ 20_______________________________ DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 . STANDARD INTERROGATORIES . 1 D, Whether THIS DEFENDANT has any DOCUMENTS containing the results 2 and/or conclusions of each such test and/or study; -1 j E. The IDENTITY of the custodian of such DOCUMENTS. 4 RESPONSE TO INTERROGATORY NO. 22: 5 In addition to its Preliminary Statements, Square D objects to this Interrogatory as overly 6 broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible 7 evidence because it is not limited to studies designed to detect or measure the release of 8 9 respirable asbestos fibers, if any, from Square D electrical equipment products at issue in this ,. '-V 10 litigation. Subject to and without waiving the foregoing objections, Square D has not conducted 11 or caused to be conducted any tests and/or studies on ambient asbestos dust levels at any location 12 or job site where Square D electrical equipment products were installed, utilized or removed in 13 the ordinary course of business. Moreover, Square D is unaware of any facts or circumstances 14 necessitating such testing in connection with the use and handling of electrical equipment 15 products. For purposes of defending itself in this litigation, however, expert witnesses retained 16 in connection with asbestos litigation have prepared or may prepare testimony relative to, among 17 other things, the use and handling of electrical equipment products that may have included, as 18 component parts, finished molded hard plastic-like materials engineered from composite 19 materials, or arc suppression materials. Disclosure ofthese experts and their work shall be 20 21 provided in accordance with the General Orders and the California Code of Civil Procedure. 22 INTERROGATORY NO. 23: 23 Did THIS DEFENDANT (except for a defendant that is an educational institution) have 24 any laboratory or other similar type of facility anywhere in the United States at which it 25 conducted, or caused to be conducted, any tests and/or studies of ASBESTOS-CONTAINING 26 PRODUCTS or RAW ASBESTOS relating to the health consequences of asbestos or the dust 27 generated by any use of asbestos or ASBESTOS-CONTAINING PRODUCTS. If so, state: 28 21. DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 A. The location, including name and address, at which each test and/or study was 2 conducted; 3 B. The individual(s) or entity conducting each such test and/or study; 4 C. The date of each such test and/or study; 5 D. Whether THIS DEFENDANT has any DOCUMENTS containing the results 6 and/or conclusions of each such test and/or study; 7 E. The IDENTITY of the custodian of such DOCUMENTS. 8 9 RESPONSE TO INTERROGATORY NO. 23: 10 In addition to its Preliminary Statements, Square D objects this Interrogatory is overly 11 broad, unduly burdensome and not reasonably calculated to lead to the discovery of admissible 12 evidence because it is not limited to studies designed to detect or measure the release of 13 respirable asbestos fibers, if any, from Square D electrical equipment products at issue in this 14 litigation. Subject to and without waiving the foregoing objections, the answer is no. Moreover, 15 Square D is unaware of any facts or circumstances necessitating that it should have such a 36 laboratory or facility in connection with electrical equipment products. For purposes of 17 defending itself in this litigation, however, expert witnesses retained in connection with asbestos 18 litigation have prepared or may prepare testimony relative to, among other things, the use and 19 handling of electrical equipment products that may have included, as component parts, finished 20 molded hard plastic-like materials engineered from composite materials, or arc suppression 21 22 materials. Disclosure of these experts and their work shall be provided in accordance with the 23 General Orders and the California Code of Civil Procedure. . 24 INTERROGATORY NO. 24: 25 Has THIS DEFENDANT made available to its employees a medical examination 26 program to determine the absence or presence of asbestos-related disease? If so, state: 27 A. Whether chest x-rays or pulmonary function tests were part of such program(s); 28 _________________________________________ 22 ______________________ ; DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES .. 1 1 B. Whether participation in any such program was a mandatory condition of 2 employment or was. voluntary; . 3 C. Whether THIS DEFENDANT has DOCUMENTS of such program(s); 4 D. The IDENTITY of the custodian of such DOCUMENTS, 5 RESPONSE TO INTERROGATORY NO. 24: 6 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 7 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 8 9 packaged "asbestos-containing products" as those terms are generally understood and applied in 10 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 11 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 12 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 13 asbestos-containing products at Square D facilities. - 14 INTERROGATORY NO. 25: 15 Prior to 1973, did any person file a Workers' Compensation claim for asbestos-related 16 injury against THIS DEFENDANT or against any Workers' Compensation insurance carrier 17 which provided coverage for THIS DEFENDANT? If so, state the total number of such claims 18 and, for the first 20 such claims state: 19 A'. The date of such claim; 20 21 B. The name of the claimant; s. 22 C. The case number; 23 D. The court in which the claim was filed; 24 E. The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENT evidencing 25 such claims. 26 RESPONSE TO INTERROGATORY NO. 25: 27 . In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 28 ' 23 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 .. ' STANDARD INTERROGATORIES 1 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 2 packaged "asbestos-containing products" as those terms are generally understood and applied in 3 the asbestos litigation process. Square D further objects to this Interrogatory as overly broad, 4 unduly burdensome and not reasonably calculated to lead to the discovery of admissible evidence 5 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 6 asbestos-containing products at Square D facilities. 7 ' INTERROGATORY NO. 26: 8 9. Does THIS DEFENDANT have insurance available to cover judgment(s) entered against 10 it in asbestos-related personal injury lawsuits? If so, state: 11 A. The name and principal place of business of any insurance carrier who has issued 12 such policy of insurance; 13 B. The number and effective date of each policy; 14 C. The amount(s) of coverage of each policy; 15 D. The applicable dates of coverage. 16 RESPONSE TO INTERROGATORY NO. 26: 17 Subject to and without waiving the foregoing Preliminary Statements, Square D 18 maintained insurance policies which provide for liability coverage regarding its electrical 19 equipment product lines. The amount of available insurance varies over time and is mostly 20 21 dependent on the amount of coverage afforded by the policies at any given time arid the 22 availability, if any, of coverage in excess ofprimary layers. By way of further response. Square 23 D states that its investigation into the subject matter of this Interrogatory is ongoing and Square 24 D reserves the right to amend or supplement this response as appropriate. 25 INTERROGATORY NO. 27: 26 State whether YOU have controlled, purchased, or in any way acquired any controlling 27 interest in any corporation or business entity which has mined manufactured, produced, 28 .24 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO, 129 STANDARD INTERROGATORIES 1.I 1 processed, compounded, sold, supplied, distributed and/or otherwise placed RAW ASBESTOS 2 or ASBESTOS-CONTAINING PRODUCTS in the stream of commerce. If so, state: 3 A. The name and address of said corporation or business entity; . 4 B. The dates YOU controlled, purchased or acquired any interest; and 5 C. The nature of the business as it pertains to asbestos. 6 RESPONSE TO INTERROGATORY NO. 27: 7 In addition to the Preliminary Statements set forth above, Square D objects that this 8 9 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 10 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 11 electrical equipment products that it manufactured over the course of its over one hundred year 12 history. 13 INTERROGATORY NO. 28: 14 ' State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in the 15 following activities with regard to RAW ASBESTOS, and if so, state the inclusive dates of such 16 activity: 17 A. Mining; 18 19 B. Milling; 20 C. Supply; 21 D. Importing; - 22 E. Processing; . 23 F. Distribution; 24 G. Marketing; . 25 H. Sale; 26 I. Brokering. 27 RESPONSE TO INTERROGATORY NO. 28: 28 . ;23_________________________________________________ DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . ! T 1 In addition to the Preliminary Statements set forth above. Square D objects that this 2 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 3 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 4 electrical equipment products that it manufactured over the course of its over one hundred year 5 history. Square D further objects to this Interrogatory as overly broad, unduly burdensome and 6 not reasonably calculated to lead to the discovery of admissible evidence because Plaintiffs in 7 this litigation do not claim that they worked at or were otherwise exposed to asbestos-containing 8 9 products at Square D facilities. Subject to and without waiving the foregoing objections, to the 10 best of Square D's present knowledge, Square D was not in the business of mining, milling, or 11 supplying raw asbestos. 12 INTERROGATORY NO. 29: 13 If YOUR answer to any of subparts of Interrogatory 28 regarding RAW ASBESTOS is in 14 the affirmative, state: 15 A. The trade, brand name, and/or generic name of such RAW ASBESTOS milled or 16 MARKETED in any form or quantity between 1930 and 1985; 17 B. The date(s) such RAW ASBESTOS was first placed on the market, including the 18 date(s) such RAW ASBESTOS was first marketed; 19 1. On an experimental basis; 20 21 2. On a test basis; 22 3. For sale. 23 C. The date(s) such RAW ASBESTOS: 24 1. Ceased to be produced; or 25 2. Was recalled from the market, if ever.' 26 D. A description of the chemical composition of such RAW ASBESTOS, including 27 the type and/or grade of asbestos; 28 26 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 ' STANDARD INTERROGATORIES . I 1 E. A description of the physical appearance and nature of such RAW ASBESTOS, 2 including any color coding, distinctive marking and/or logo on the packaging or container; 3 F. A detailed description of the intended use of such RAW ASBESTOS, including 4 any temperature limits for each such use; 5 G. Whether such RAW ASBESTOS was on the U.S. Government's "Qualified 6 Products List," and if so, the inclusive dates it was on such list; 7 H. IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. As to 8 9 each such, state: 10 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS has, at any time, been 11 sold, shipped, or otherwise distributed, used or installed to or at any COMPANY (including 12 power company or utility), governmental agency or entity, shipyard, distributor, refinery, 13 contractor, supplier, PREMISE owner or occupant, ship owner, or other PREMISE or site in the 14 GEOGRAPHIC AREA and whether any of THIS DEFENDANT'S RAW ASBESTOS has at any 15 time, been sold to any manufacturer, or manufacturing facility, of ASBESTOS-CONTAINING 16 PRODUCTS. If so, state: , 17 1. The names of each such COMPANY, governmental agency or entity, shipyard, 18 distributor, supplier, manufacturer or refinery; 19 2. The inclusive dates of each such sale, and the amount (quantity) and the trade 20 21 brand name of such RAW ASBESTOS sold; . ,,s 22 3. The manner of shipment (e.g. boat, rail, etc.) 23 4. Whether you have any records indicating any such sale or shipment and, if so, the 24 name, address and job classification of each person who currently has possession of such records. 25 5. Either (1) attach all DOCUMENTS evidencing the information sought in this 26 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 27 28 27 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . I I 1 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 2 may be made the subject of a request for production of documents. . 3 RESPONSE TO INTERROGATORY NO. 29: 4 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 5 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 6 packaged "asbestos-containing products" as those terms are generally understood and applied in 7 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 8 9 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 10 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 11 asbestos-containing products at Square D facilities. Subject to and without waiving the 12 foregoing objections. Square D incorporates by reference its objections and response to 13 Interrogatory No. 28. 14 INTERROGATORY NO. 30; 15 Between 1930 and 1985, did YOU ever engage in any of the activities listed below with 16 regard to ASBESTOS-CONTAINING PRODUCTS? If so, state the inclusive dates of such .17 activity: 18 A. 19 B. 20 Supply; Importing; 21 C. Distribution; ,, 22 D. Marketing; 23 E. Sale; 24 F. Labeling; 25 G. Manufacturing; 26 H. Brokering; 27 RESPONSE TO INTERROGATORY NO. 30: 28 28 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . I 1 In addition to the Preliminary Statements set forth above, Square D objects that this 2 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 3 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 4 electrical equipment products that it manufactured over the course of its over one hundred year 5 history. Subject to and without waiving the foregoing objections, Square D manufactured and 6 sold electrical equipment products some of which may have incorporated, at one time, 7 encapsulated components that may have contained some quantity of chiysotile asbestos. In 8 9 general, asbestos-containing components in Square D equipment could be found bound within 10 the matrix of solid molded plastic-like materials (used to encase or to support) and/or arc 11 suppression materials. The molded hard plastic-like materials or arc suppression materials were 12 generally enclosed inside the electrical equipment's metal enclosure and could be accessed by 13 opening the metal door. By way of further response, upon information and belief, those 14 components which may have included encapsulated and enclosed chiysotile asbestos were 15 generally phased out of Square D products between approximately 1978 to the. mid-1980s. 16 Accordingly, in approximately the mid-1980s, non-asbestos-containing component products 17 came to be used. By way of further response, from at least 1955 to approximately the mid-1980s, 18 19 Square D also manufactured and sold heavy industrial crane control and brake assembly 20 products, some of which may have incorporated, similar molded plastic-like component parts or 21 brake shoe linings. -? 22 INTERROGATORY NO. 31: 23 If your answer to any subpart of Interrogatory No. 31 [sic 30] regarding "ASBESTOS- 24 CONTAINING PRODUCTS" is in the affirmative, state: 25 A. The trade, brand name, and/or generic name of each such ASBESTOS26 CONTAINING PRODUCT MARKETED in any form or quantity between 1930 and 1985; 27 28 ;29; DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES - r ' ' 5* 1 B. The date(s) each such ASBESTOS-CONTAINING PRODUCT was first placed 2 on the market, including the date(s) each such ASBESTOS-CONTAINING PRODUCT was first 3 MARKETED; ' '4 1. On an experimental basis; , 5 2. On a test basis; or 6 3. For sale. .7 C. the date(s) each such ASBESTOS-CONTAINING PRODUCT: 8 9. 1. Ceased to be produced; or 10 2. Was recalled from the market, if ever. 11 D. A detailed description of the chemical composition of each such ASBESTOS 12 CONTAINING PRODUCT, including the type and/or grade of asbestos and/or asbestos fiber 13 contained in each such product and the quantitative percentage of asbestos or asbestos fiber in 14 each such product, and all non-asbestos components of the ASBESTOS-CONTAINING 15 PRODUCT, and if the chemical composition changed over time, the inclusive dates of each 16 formulation; 17 E. A description of the physical appearance and nature of each such ASBESTOS- 18 CONTAINING PRODUCT, including any color coding, distinctive marking and/or logo, either 19 on the product or on the packaging; 20 21 F. A detailed description ofthe intended use of each such ASBESTOS-, 22 CONTAINING PRODUCT, including any temperature limits for each such use; 23 G. Whether any such ASBESTOS-CONTAINING PRODUCT was on the U.S. 24 Government's "Qualified Products List," and if so, the inclusive dates it was on such list; ' 25 H. The name and address of the supplier of the RAW ASBESTOS used in each such 26 product and the time period of such supply; 27 28 ^. 30 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES , ___________ 1 ' ' ' ' a* 1 I. Whether any of THIS DEFENDANT'S RAW ASBESTOS OR ASBESTOS- 2 CONTAINING PRODUCTS have, at any time, been sold, shipped, or otherwise distributed to 3 any COMPANY (including power company or utility), governmental agency or entity, shipyard, 4 distributor, refinery, contractor, supplier, manufacturer, PREMISE owner or occupant, ship 5 owner, or other PREMISE or site in the GEOGRAPHIC AREA. If so, state: 6 1.. , The names of each such COMPANY, governmental agency or entity, 7 shipyard, distributor, supplier, manufacturer, refinery, contractor, PREMISE owner or occupant, 8 9 ship owner, PREMISE or site; 10 2. The inclusive dates of each such sale, shipment, distribution, use or 11 installation and the amount (volume) and the trade or brand name of each such ASBESTOS- .12 CONTAINING PRODUCT sold; 13 3. Whether you have any records indicating any such sale, shipment, 14 distribution, use or installation and, if so, the name, address and job classification of each person 15 who currently has possession of such records. . 16 J. Either (1) attach all DOCUMENTS evidencing the information sought in this 17 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 18 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 19 may be made the subject of a request for production of documents. 20 21 RESPONSE TO INTERROGATORY NO. 31: 22 In addition to the Preliminary Statements set forth above. Square D objects that this 23 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 24 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 25 electrical equipment products that it manufactured over the course of its over one hundred year 26 history. Subject to and without waiving the foregoing objections. Square D incorporates by 27 reference its objections and response to Interrogatory No. 30. With respect to electrical 28 3i; DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . t 1 equipment products. Square D sold its products primarily through distributors, and Square D has 2 no knowledge of the majority of sales made by distributors. Thus, at the present time, Square D 3 is generally unaware as to the. specific identity of entities or persons to whom its electrical 4 equipment products were ultimately sold, at which job sites they may have been delivered or 5 used, or when those sales took place. Moreover, at the present time, Square D is generally 6 unable to ascertain specifically to whom its electrical equipment products were sold during time 7 periods when certain of its products may have included finished molded hard plastic-like 8 9 materials engineered from composite materials, or arc suppression materials. Square D reserves 10 the right, however, to supplement this response if responsive information becomes available. 11 INTERROGATORY NO. 32 (PREMISES DEFENDANTS only) 12 Did YOU install, remove, or handle or contract to have others install, remove, or handle 13 RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at any PREMISES in the 14 GEOGRAPHIC AREA which PREMISES is at issue as to YOU in San Francisco Superior Court 15 asbestos litigation as ofthe date of your answers to these interrogatories? If so: 16 A. IDENTIFY the PREMISES. 17 B. For each of the PREMISES: 18 1. State the nature of your ownership or possessory interest; 19 2. State the inclusive date of that interest; 20 3. IDENTIFY the party from whom that interest was acquired; . 21 22 4. IDENTIFY the party, if any, to whom that interest was transferred. 23 C. IDENTIFY every contract to which YOU were a party or of which you have 24 knowledge wherein the performance of such contract involved the installation, removal, 25 disturbing or handling of any RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS at 26 YOUR PREMISES. For each such contract: 27 1. IDENTIFY the parties to the contract; 28 32 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES .  1 2. Provide a general description and specific location of the work to be performed by 2 each party to the contract; 3 3. IDENTIFY and describe the NATURE of the RAW ASBESTOS or ASBESTOS- 4 CONTAINING PRODUCTS installed, removed, disturbed or handled in the performance of the 5 contract; 6 4. State the dates of the contract and the dates of performance; 7 8 D. Except as provided in response to subpart ), has any work other than routine: 9 maintenance been done on or to the PREMISES that involved the installation, removal, 10 disturbing or handling of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS? If 11 so, for each such instance: 12 1. State the inclusive dates of the work; 13 2. Provide a general description and specific location of the work; 14 3. State whether the work was done by YOU and/or YOUR employees; 15 4. IDENTIFY and describe the NATURE of the RAW ASBESTOS or ASBESTOS- 16 CONTAINING PRODUCTS installed, removed, handled or disturbed; 17 5. IDENTIFY from whom the RAW ASBESTOS OR ASBESTOS-CONTAINING 18 PRODUCTS were acquired. 19 E. Has any asbestos abatement effort been made at the PREMISES? If so, for each 20 21 such effort: 22 1. IDENTIFY who did the work; 23 2. State the inclusive dates thereof; . 24 3. State whether samples were taken, and, if the samples still exist, IDENTIFY the 25 custodian of the samples; . 26 4. State whether any material was tested, and, if so, what were the results of each 27 test; ' 28 ;33' DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . t 1 5. IDENTIFY each test result with sufficient particularity for purposes of a request 2 for production of documents, or, in the alternative, attach a copy to YOUR answers to these 3 interrogatories. 4 F. Except for insurance coverage litigation, have you filed suit against, or otherwise 5 sought to recover from, any person or entity for some or all of the cost of asbestos abatement or 6 for the property damage allegedly caused by the presence of RAW ASBESTOS or ASBESTOS7 CONTAINING PRODUCTS on the PREMISES identified in response to subpart (A) above? If 8 9 so: 10 1. IDENTIFY the person or entity against whom YOU have filed suit or otherwise 11 sought to recover; 12 2. . If YOU have filed suit, state the court in which the action was filed, the date on 13 which it was filed, IDENTIFY all Plaintiffs and Defendants and their counsel of record; 14 3. State whether or not the case has been resolved, and, if so, what was the status or 15 disposition. 16 G. Either (1) attach all DOCUMENTS evidencing the information sought in this 17 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 18 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 19 may be made the subject of a request for production of documents. 20 21 H. IDENTIFY the person(s) presently most knowledgeable about the information 22 sought in this interrogatory or its subpaxts. 23 RESPONSE TO INTERROGATORY NO. 32: 24 Subject to and without waiving the foregoing Preliminary Statements, Square D states . 25 that upon information and belief, it is not a "premises defendant" and therefore this Interrogatory 26 is not applicable to Square D. 27 INTERROGATORY NO. 33 (CONTRACTOR DEFENDANTS onlyI 28 _34'' DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 1 At any time between 1930 and 1985, did YOU hold a contractor's license in the State of 2 California? If so: ,.3 A. IDENTIFY each license by type, date and number. 4 B. If on the date of your answers YOU are a defendant in four or more asbestos 5 actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU performed 6 (directly or through one or more subcontractors) during this time period for work in any 7 PREMISES which is at issue as to YOU on such date, and in any PREMISES of 50,000 square 8 9 feet or more in the GEOGRAPHIC AREA which job or contract involved installation, removal, 10 disturbing or handling RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS. 11 (Alternatively, at your option, you may IDENTIFY each job or contract YOU performed (directly 12 or through one or more subcontractors) during this time frame for all work, or for all work on 13 PREMISES of 50,000 square feet or more, in the GEOGRAPHIC AREA.) As to each such job or 14 contract: 15 IDENTIFY the location (including name of ship, if applicable) where the job or work was 16 performed; 17 2. 18 3. 19 4. 20 21 C. State the date ofthe contract or the inclusive dates of the work; IDENTIFY the person or entity with whom you contracted; State your job or contract number. If on the date of your answers you are not a defendant in four or more asbestos 22 actions in San Francisco Superior Court, IDENTIFY each job or contract that YOU performed 23 (directly or through one or more subcontractors) during this time period for work in any 24 PREMISES which is at issue as to YOU on such date. As to each such job or contract: 25 1. IDENTIFY the location (including name of ship, if applicable) where the job or 26 work was performed; 27 2. State the date of the contract or the inclusive dates of the work; 28 :35 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . t 1 3. IDENTIFY the person or entity with whom you contracted; 2 4. State your job or contract number. ' 3 RESPONSE TO INTERROGATORY NO. 33: 4 Subject to and without waiving the foregoing Preliminary Statements, Square D states 5 that upon information and belief, it is not a "contractor defendant" and therefore this 6 - Interrogatory is not applicable to Square D. 7 INTERROGATORY NO. 34: 8 9 : Did any of the distributors identified in your Answer to Interrogatory Nos. 29 and 31 10 above have an exclusive distributorship? If so, state the relevant time period. 11 RESPONSE TO INTERROGATORY NO. 34: 12 Subject to and without waiving the foregoing Preliminary Statements, Square D 13 incorporates by reference its objections and responses to Interrogatory Nos. 29 and 31. 14 INTERROGATORY NO. 35: 15 If THIS DEFENDANT entered into any agreements for the rebranding of any 16 ASBESTOS CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by 17 another person or entity, describe each agreement's terms and the parties to said agreement, the 18 duration of the agreement, and name of each product(s) and/or material(s) covered by each such 19 agreement. 20 21 RESPONSE TO INTERROGATORY NO. 35: * 22 In addition to the Preliminary Statements set forth above, Square D objects that this 23 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 24 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 25 electrical equipment products that it manufactured over the course of its over one hundred year 26 history. Subject to and without waiving the foregoing objections, Square D incorporates by 27 reference its objections and response to Interrogatory No. 31. By way of further answer, to the 28 ;___________________________________________ 36 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 . STANDARD INTERROGATORIES . ,* 1 best of Square D!s present knowledge, certain Square D products may have been the subject of 2 brand label agreements, but at the present time, Square D is generally unable to determine if 3 those products included asbestos containing component parts, including finished molded hard 4 plastic-like materials engineered from composite materials, or arc suppression materials. As 5 noted above. Square D's investigation is ongoing and Square D reserves the right to supplement 6 this response if responsive information becomes available. 7 INTERROGATORY NO. 36: 8 9 If THIS DEFENDANT entered into any agreements for the rebranding of ASBESTOS- 10 CONTAINING PRODUCTS manufactured, sold, supplied or distributed by another person or 11 entity for resale or distribution by YOU, describe each of the agreements and the parties to said 12 agreement, the terms, the duration, and the names of each product(s) and/or material(s) covered 13 by each such agreement. 14 RESPONSE TO INTERROGATORY NO. 36: 15 In addition to the Preliminary Statements set forth above, Square D objects that this 16 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 17 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 18 electrical equipment products that it manufactured over the course of its over one hundred year 19 history. Subject to and without waiving the foregoing objections, Square D incorporates by 20 21 reference its objections and response to Interrogatory No. 31. By way of further answer, to the 22 best of Square D's present knowledge, certain Square D products may have been the subject of 23 brand label agreements, but at the present time. Square D is generally unable to determine if 24 those products included asbestos containing component parts, including finished molded hard 25 plastic-like materials engineered from composite materials, or arc suppression materials. As 26 noted above, Square D's investigation is ongoing and Square D reserves the right to supplement 27, this response if responsive information becomes available. 28 37; DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . r 1 INTERROGATORY NO..37: 2 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING PRODUCT listed 3 in YOUR responses to Interrogatories No. 29 and 31 did DEFENDANT warn ofthe health 4 hazards of asbestos? If so, state for each such warning: 5 A. The content, size, color, and location; whether the warning appeared on the 6 material and/or on the container, and/or was placed on a tag; whether the warning was included 7 in contracts; whether the warning was included in advertising or other promotional materials. 8 9 , B. State whether you have any photographs thereof; 10 C. The inclusive dates on which you used each such warning; 11 D. State all changes you made, in such warnings and the dates of such changes; and 12 E. Identify the person most knowledgeable about your warnings and warning policy. 13 RESPONSE TO INTERROGATORY NO. 37: 14 In addition to the Preliminary Statements set forth above. Square D objects that this 15 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 16 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 17 electrical equipment products that it manufactured over the course of its over one hundred year 18 histoty. Square D further objects to the extent that this Interrogatory is misleading and unfair 19 because it merely `presumes facts and information that do not exist, are unproven, and/or do not 20 21 apply to Square D. For example, this Interrogatory erroneously and unfairly presumes that all 22 products incorporating some quantities of asbestos, despite vast distinctions in their finished 23 form and application, create similar potential hazards, if any. Subject to and without waiving the 24 foregoing objections, Square D states that it did not provide warnings or instructions relating to 25 the asbestos with electrical equipment products. Moreover, Square D is unaware of facts or 26 circumstances necessitating the provision of such warnings or instructions. By way of further 27 answer, Square D states that expert witnesses retained in connection with asbestos litigation have 28 . 38 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES I -' 1 prepared or may prepare testimony relative to, among other things, the use and handling of 2 electrical equipment products that may have included, as component parts, finished molded hard 3 plastic-like materials engineered from composite materials, or arc suppression materials. 4 Disclosure of these experts and their work shall be provided in accordance with the 5 General Orders and the California Code of Civil Procedure. 6 7 INTERROGATORY NO. 38: 8 With respect to each of YOUR ASBESTOS-CONTAINING PRODUCTS, state 9 whether THIS DEFENDANT'S name, a trademark, logos, color coding, or other 10 identifying markings ever appeared on the actual product itself, if so, IDENTIFY each 11 12 such product, state when the practice to place such identifying markings upon the 13 product was begun and when it ended, if applicable, and describe in detail the pertinent 14 marking(s) and the purpose, if any, of such markings. 15 RESPONSE TO INTERROGATORY NO. 38: 16 In addition to the Preliminary Statements set forth above, Square D objects that this 17 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 18 19 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 20 electrical equipment products that it manufactured over the course of its over one hundred year 21 history. Subject to and without waiving the foregoing objections, with respect to Square D 22 products generally. Square D uses and used the "Square D" trademark and logo on many 23 products. The Square D logo typically includes a blue capital letter "D" centered in a one- 24 dimensiohal blue square box against a yellow background. 25 INTERROGATORY NO. 39: 26 27 28 '________________________ ;____________ 39_________________________ , __________ DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 1 Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise acquire 2 any ASBESTOS-CONTAINING PRODUCT lines from another person or entity? If so, state for 3 each such purchase: 4 A. Date of purchase or acquisition; 5 B. Terms of purchase or acquisition agreement; ' 6 C. Either (1) attach all DOCUMENTS evidencing said acquisition, or (2) attach disks 7 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 8 9 may be made the subject of a request for production of documents. 10 D. Trade, brand, and/or generic name of each such product line so acquired; 11 E. Name of the person or entity from whom YOU purchased or acquired each such 12 ASBESTOS-CONTAINING PRODUCT line; and 13 E. Location of any manufacturing facilities so acquired, and the type of ASBESTOS- 14 CONTAINING PRODUCTS manufactured therein, 15 RESPONSE TO INTERROGATORY NO. 39: 16 In addition to the Preliminary Statements set forth above, Square D objects that this 17 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 18 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 19 electrical equipment products that it manufactured over the course of its over one hundred year 20 21 history. Subject to and without waiving the foregoing objections. Square D incorporates by 22 reference its objections and response to Interrogatory No. 3|| 23 INTERROGATORY NO. 40: 24 Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOS- 25 CONTAINING PRODUCT line to another person or entity? If so, state for each such sale: 26 A. Date of sale; 27 B. Terms of sales agreement; 28 40 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO- 129 STANDARD INTERROGATORIES `. < t 1 C. Either (1) attach all DOCUMENTS evidencing said sale, or (2) attach disks 2 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 3 may be made the subject of a request for production of documents. 4 D. Trade, brand, and/or generic name of each such product line sold; 5 E. Name of person or entity to whom you sold each such ASBESTOS6 CONTAINING PRODUCTS line; and 7 F. Location of any manufacturing facilities so sold, and the type of ASBESTOS8 9 CONTAINING PRODUCTS manufactured therein. 10 RESPONSE TO INTERROGATORY NO. 40: 11 In addition to the Preliminary Statements set forth above. Square D objects that this 12 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 13 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 14 electrical equipment products that it manufactured over the course of its over one hundred year 15 history. Subject to and without waiving the foregoing objections, Square D incorporates by 16 reference its objections and response to Interrogatory No. 3 Jj 17 INTERROGATORY NO. 41: 18 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 19 ASBESTOS-CONTAINING PRODUCTS and/or RAW ASBESTOS which THIS 20 21 DEFENDANT manufactured, sold, distributed or supplied from the year 1930 to 1985. For each 22 such document, state: 23 A. A description of the document; 24 B. The year it was printed; 25 C. The period of time in which it was used; 26 D. The purpose of such document; . 27 E. Whether the documents or copies of said documents presently exist; 28 41 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES r 1 F. If said documents or copies still exist, where they are located; and 2 G. The IDENTITY of the custodian of such documents. 3 RESPONSE TO INTERROGATORY NO. 41: 4. In addition to the Preliminary Statements set forth above, Square D objects that this 5 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 6 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 7 electrical equipment products that it manufactured over the course of its over one hundred year 8 9 history. Subject to and without waiving the foregoing objections. Square D states that over the 10 years it has offered sales brochures in general, but such materials do not relate to "asbestos- 11 containing products" as such. Moreover, Square D did not offer sales brochures related to 12 "asbestos-containing products" as such. By way of further response, and without conceding the 13 relevance of the same, Square D further states that it published digests that would have 14 referenced various Square D electrical equipment products. Square D will make a representative 15 sample of digests available for inspection, examination, and copying at a mutually convenient 16 time and place. 17 INTERROGATORY NO. 42: 18 State if YOU have or had within YOUR corporate or other business structure any 19 CONTRACT UNITS. 20 21 RESPONSE TO INTERROGATORY NO. 42: 22 Subject to and without waiving the foregoing Preliminary Statements, Square D is not 23 aware that it had business units that performed asbestos abatement services for customers. By 24 way of further response, for limited and/or specialized factory-ordered equipment, Square D has 25 offered certain maintenance, and/or repair field services. 26 27 28 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 ' ' STANDARD INTERROGATORIES t i. 1 INTERROGATORY NO. 43: 2 State whether or not any of YOUR CONTRACT UNITS installed and/or removed RAW 3 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC AREA at 4 any time between 1930 and 1985. If so: 5 A. State the business addresses and name of the CONTRACT UNIT; 6 B. State the inclusive periods of time the CONTRACT UNITS were working in the 7 GEOGRAPHIC AREA; 8 9 C. State the name and address of each job site within the GEOGRAPHIC AREA and 10 the dates the CONTRACT UNIT worked at those job sites, and, IDENTIFY the RAW 11 ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS installed or removed on each 12 occasion; 13 D. Either (1) attach all DOCUMENTS evidencing the information sought in this 14 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 15 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 16 may be made the subject of a request for production of documents. 17 RESPONSE TO INTERROGATORY NO. 43: 18 Subject to and without waiving the foregoing Preliminary Statements, Square D 19 reasonably understands this Interrogatory is not applicable to Square D. By way of further 20 21 response, Square D incorporates by reference its objections and response to Interrogatory No. 42. 22 INTERROGATORY NO. 44: 23 When do YOU contend that THIS DEFENDANT first became aware that there is an 24 association between asbestos exposure and disease in human beings? 25 RESPONSE TO INTERROGATORY NO. 44: 26 Square D incorporates by reference its Preliminary Statements. Square D further objects 27 to this Interrogatory because it poses an incomplete hypothetical without context and without any 28 | 43 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 connection whatsoever to any electrical equipment products allegedly manufactured by Square D. 2 Subject to and without waiving the foregoing objections, in the 1970s and early-1980s, Square D 3 became generally aware of emerging regulatory restrictions and requirements associated with the 4 use and handling of, and reporting obligations in connection with, asbestos and later, certain 5 products containing asbestos; efforts by component part suppliers to supply non-asbestos 6 containing substitute products; and a generalized public concern with asbestos exposure. As 7 noted above, by approximately the mid-1980s electrical equipment products included non 8 9 asbestos molded hard plastic-like materials engineered from composite materials, or arc 10 suppression materials. For purposes of defending itself in this litigation, however, expert 11 witnesses retained in connection with asbestos litigation have prepared or may prepare testimony 12 relative to, among other things, the historic and current understandings with respect to the 13 connection between asbestos exposure, asbestos fiber types, fiber release, and possible disease in 14 humans, particularly in the context of the use and handling of electrical equipment products that 15 may have included, as component parts, finished molded hard plastic-like materials engineered 16 from composite materials, or arc suppression materials. Disclosure of these experts and their 17 work shall be provided in accordance with the General Orders and the California Code of Civil 18 Procedure. 19 INTERROGATORY NO. 45: 20 21 How do YOU contend that THIS DEFENDANT first became aware that there is an 22 association between asbestos exposure and disease in human beings. - 23 RESPONSE TO INTERROGATORY NO. 45: 24 Subject to and without waiving the foregoing Preliminary Statements, Square D 25 incorporates by reference its objections and response to Interrogatory No. 44. 26 INTERROGATORY NO. 46: 27 28 44 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES 1I < 5* 1 Either (1) attach all DOCUMENTS evidencing the information upon which YOUR 2 contentions in YOUR answers to Interrogatories No. 44 and No. 45 are based, or (2) attach disks 3 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 4 may be made the subject of a request for production of documents. 5 RESPONSE TO INTERROGATORY NO. 46: 6 Subject to.and without waiving the foregoing Preliminary Statements, Square D 7 incorporates by reference its objections and response to Interrogatory No. 44. 8 9 INTERROGATORY NO. 47: 10 When did THIS DEFENDANT first warn its employees that exposure to asbestos could 11 be hazardous to human health? State: 12 A. Whether the first such warning was written or oral; 13 B. Whether copies of DOCUMENTS containing such warning exist; 14 C. The IDENTITY of the custodian of such DOCUMENTS; 15 D. The content of the warning. - 16 RESPONSE TO INTERROGATORY NO. 47: 17 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 18 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 19 packaged "asbestos-containing products" as those terms are generally understood and applied in 20 21 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 22 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 23 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 24 asbestos-containing products at Square D facilities. 25 INTERROGATORY NO. 48: 26 Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing warning 27 its employees that exposure to asbestos could be hazardous td human health? If so, 28 45 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . f '^ . 1 A. Provide the date; 2 B. Describe the circumstances; and 3 C. Either (1) attach all DOCUMENTS evidencing the information sought in this 4 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 5 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 6 may be made the subject of a request for production of documents. 7 RESPONSE TO INTERROGATORY NO. 48: 8 9. In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 10 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 11 packaged "asbestos-containing products" as those terms are generally understood and applied in 12 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 13 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 14 because Plaintiffs in this litigation do not claim that they worked at or were otherwise exposed to 15 asbestos-containing products at Square D facilities. 16 INTERROGATORY NO. 49: 17 Did THIS DEFENDANT provide any Independent Contractor or Subcontractor within 18 the GEOGRAPHIC AREA with a written warning that exposure to asbestos could be hazardous 19 to human health. ' 20 21 RESPONSE TO INTERROGATORY NO. 49: , 22 In addition to the Preliminary Statements set forth above. Square D objects that this 23 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 24 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 25 electrical equipment products that it manufactured over the course of its over one hundred year 26 history. Square D further objects to the extent that this Interrogatory is misleading and unfair 27 because it merely presumes facts and information that do not exist, are unproven, and/or do not 28 46 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . ,' T 1 apply to Square D. For example, this Interrogatory erroneously and unfairly presumes that all 2 products incorporating some quantities of asbestos create similar potential hazards despite vast 3 distinctions in asbestos fiber type and the product's finished form, use, application, and potential 4 for fiber release. Subject to and without waiving the foregoing objections. Square D states that it 5 did not provide warnings or instructions relating to the chrysotile asbestos fibers that may have 6 been encapsulated within electrical equipment products. Moreover, Square D is unaware of facts 7 or circumstances necessitating the provision of such warnings or instructions. Expert witnesses 8 9 retained in connection with asbestos litigation have prepared or may prepare testimony relative 10 to, among other things, the use and handling of electrical equipment products that may have 11 included, as component parts, finished molded hard plastic-like materials engineered from 12 composite materials, or arc suppression materials. Disclosure of these experts and their work 13 shall be provided in accordance with the General Orders and the California Code of Civil 14 Procedure. 15 INTERROGATORY NO. 50: 16 Has THIS DEFENDANT been cited for or otherwise charged by a public agency with a 17 violation in the GEOGRAPHIC AREA of any statute, ordinance, safety order, regulation, or law 18 pertaining to asbestos exposure? For each occasion, IDENTIFY: 19 A. The code section, safety order, statute, or regulation for which THIS 20 21 DEFENDANT has been cited or otherwise charged; 22 B. the date(s) thereof. 23 C. The agency or other governmental unit which issued the citation or otherwise 24 charged YOU. 25 D. All persons known to YOU with information relevant to the incident. 26 E. What was the ultimate resolution. . 27 RESPONSE TO INTERROGATORY NO. 50: 28 47 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . i r, 1 In addition to its Preliminary Statements, Square D objects to this Interrogatory to the 2 extent it erroneously presumes that Square D mined, manufactured, processed, sold and/or 3 packaged "asbestos-containing products" as those terms are generally understood and applied in 4 the asbestos litigation. Square D further objects to this Interrogatory as overly broad, unduly 5 burdensome and not reasonably calculated to lead to the discovery of admissible evidence 6 because Plaintiffs, in this litigation do not claim that they worked at or were otherwise exposed to 7 asbestos-containing products at Square D facilities. Subject to and without waiving the 8 9 foregoing objections, to the best of Square D's present knowledge, the answer is no. 10 INTERROGATORY NO. 51: 11 If THIS DEFENDANT has ever owned or operated a railroad, state: 12 A. The IDENTITY of each such railroad, including the name(s) of such railroad 13 during the time period of YOUR ownership and/or operation, the principal place of business of 14 such railroad and the dates of YOUR ownership and/or operation; 15 B. The geographic area of operation of such railroad; . 16 C. The name(s) of such railroad prior to YOUR ownership and/or operation; 17 D. The IDENTITY of the person or entity from whom YOU purchased your 18 ownership or operating interest, and the date of such purchase; 19 E. The IDENTITY of the person or entity to whom YOU sold your ownership or 20 21 operating interest, and the date of such sale; 22 F. Whether copies of DOCUMENTS evidencing your ownership/operation and/or 23 sale exist; 24 G. The IDENTITY ofthe Custodian of such DOCUMENTS; 25 A. To the extent that information has not been given in answers to Interrogatory Nos. 26 32 and 33, the information requested in Interrogatory Nos. 32 and 33, for each railroad owned or 27 operated by YOU. 28 48 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES * ' 2* 1 RESPONSE TO INTERROGATORY NO. 51: 2 Subject to and without waiving the foregoing Preliminary Statements, to the best of 3 Square D's present knowledge, Square D has not owned or operated a railroad. 4 /// 5 /// 6 INTERROGATORY NO. 52: 7 If DEFENDANT has ever owned or operated a shipyard, state: B 9 A. The IDENTITY of each such shipyard, including the name(s) of such shipyard 10 during the time period of YOUR ownership and/or operation, the place of business of such 11 shipyard and the dates of YOUR ownership and/or operation; 12 B. The name(s) of such shipyard prior to YOUR ownership and/or operation; 13 C. The IDENTITY of the person or entity to whom YOU sold your ownership or 14 operating interest, and the date of such sale; 15 D. Whether copies of DOCUMENTS evidencing your ownership/operation and/or 16 sale exist; 17 E. Whether any representative of THIS DEFENDANT attended the Maritime 18 Commission Conference in December 1942 in Chicago, Illinois? If so, IDENTIFY any such 19 representative of THIS DEFENDANT; 20 ' 21 F. The IDENTITY of the Custodian of such DOCUMENTS; 22 F. To the extent that information has not been given in answers to Interrogatory No. 23 32, the information requested in Interrogatory No. 32, for each shipyard owned or operated by 24 YOU. 25 26 27 28 49. DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 ' STANDARD INTERROGATORIES i a i RESPONSE TO INTERROGATORY NO. 52: 2 Subject to and without waiving the foregoing Preliminary Statements, to the best of 3 Square D's present knowledge. Square D has not owned or operated a shipyard. 4 INTERROGATORY NO. 53: 5 At any time between 1930 and 1985, did you import, export, ship, transship or otherwise 6 transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCTS into, out of or through 7 any port in the GEOGRAPHIC AREA? If so, for each occasion: 8 9 A. IDENTIFY and describe the NATURE and amount of RAW ASBESTOS and/or 10 ASBESTOS-CONTAINING PRODUCTS; 11 B. IDENTIFY the ship or ships (including the owners and operators thereof) onto or 12 from which the RAW ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS were 13 loaded, unloaded or transshipped; . 14 C. State the dates, port and pier involved for each occasion; 15 D. Either (1) attach all DOCUMENTS evidencing the information sought in this . 16 Interrogatory and its subparts to your answers to these Interrogatories, or (2) attach disks 17 containing such data, or (3) describe such DOCUMENTS with sufficient particularity that they 18 may be made the subject of a request for production of documents. 19 RESPONSE TO INTERROGATORY NO, 53; 20 21 In addition to the Preliminary Statements set forth above, Square D objects,that this 22 Interrogatory is an improper, onerous, and fundamentally unfair attempt by Plaintiffs to require 23 Square D to conduct a nearly unlimited investigation into the broad and diverse variety of 24 electrical equipment products that it manufactured over the course of its over one hundred year 25 history. Square D further objects that this Interrogatory is overly broad, confusing, vague, and 26 ambiguous by use of the words "import, export, ship, transship or otherwise transport," which 27 terms are not defined and subject to more than one meaning. Subject to and without.waiving the 28 ____________ 50 ________ ' DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLAINTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES . 1 foregoing objections, Square D sold its products primarily through distributors, and Square D has 2 no knowledge of the majority of sales made by distributors. Thus, at the present time, Square D 3 is generally unaware as to the specific identity of entities or persons to whom its products were 4 ultimately sold, at which job sites they may have been delivered or used, or when those sales took 5 place. Moreover, at the present time, Square D is generally unable to ascertain specifically to 6 whom its electrical equipment products were sold during time periods when certain of its 7 products may have included finished molded hard plastic-like materials engineered from 8 9 composite materials, or arc suppression materials. Square D reserves the right, however, to 10 supplement this response if responsive information becomes available. 11 Dated: June 13,2005 12 Bassi, Martini, Edlin & Blum, LLP 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _51 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PLArNTIFFS' GENERAL ORDER NO. 129 STANDARD INTERROGATORIES ' .1 2 , 3* San Francisco General Order 129 Discovery Requests 3 4 VERIFICATION 5 I, Robert Barbaglia, state that I am an employee of Square D Company and am authorized to 6 7 make this verification for and on behalfofSquare D Company. I have read Defendant Square D 8 Company's Response and Objections to Plaintiffs' Standard Interrogatories pursuant to San Francisco 9 Superior Court General Order 129, and am familiar with the contents thereof I declare under penalty 10 ofpeijury Under the laws of the State of California' that the answers of Square D Company are true to 11 the best ofmy knowledge, information, and belief as I have been informed by limited records and 12 information available with respect to the subject matters at issue. 13 14 15 June /3L 2005 16 ^<uLJ A 17 Robert Barbaglia IS 19 20 21 22 23 24 25 26 27 28 I 1 In Re: Complex Asbestos Litigation San Francisco Superior Court Case No. 828684 2 PROOF OF SERVICE 3 4 1 am a citizen of the United States and an employee in the County of San Francisco. I am over the age of eighteen (18) years and not a party to the within action. My business address is BAS SI, 5 MARTINI, EDLIN & BLUM, 351 California Street, Suite 200, San Francisco, California 94104. 6 On the date set forth below, I served the within: ' 7 DEFENDANT SQUARE D COMPANY'S RESPONSES TO PL.AINTIFFS' STANDARD INTERROGATORIES PURSUANT TO GENERAL ORDER 8 NO. 129 9 on the following party: . 10 Philip A. Harley, Esq. 11 Paul, Hanley & Harley, llp 1608 4th Street, Suite 300 12 Berkeley, CA 94710 13 XX 14 15 BY MAIL: I caused such envelope to be deposited in the mail at San Francisco, California. I am readily familiar with the firm's practice for collection and processing of correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. 16 BY FEDERAL EXPRESS: I caused such envelope to be deposited in the appropriate 17 Federal Express envelope, to the Federal Express office to be delivered by the next business day. I am readily familiar with the firm's practice for collection and processing of 18 correspondence for transmittal by Federal Express. It is deposited with Federal Express on that same day in the ordinary course of business, 19 BY PERSONAL SERVICE: I caused documents to be delivered to the above addresses. 20 21 BY FACSIMILE: I caused said documents to be sent via facsimile to the interested party at the facsimile number set forth above. . 22 23 I declare under penalty of perjury that the foregoing is true and correct and that this document is executed on June 14,2005, at San Francisco, California. 24 25 26 27 28 PROOF OF SERVICE