Document qO1N8K6jMV30ZGQYMbpOGm0R

PATRICK J. KAGAN, ESQ. - Bar No.: 68264 EDWARD E. HARTLEY, ESQ. - Bar No.: 122892 2 KINCAID, GIANUNZIO, CAUDLE & HUBERT A Professional Corporation 3 200 Webster Street, Suite 200 Oakland, California 94604-0828 4 (510) 465-5212 l--J- 5 Attorneys for Defendants KAISER CEMENT CORPORATION AUG 1 0 i-522 , 6 KAISER GYPSUM COMPANY, INC. 7 r.. i *" ve/2i<- fS 8 LDP 9/2S THE SUPERIOR COURT OF THE STATE OF CALIFORNIA TO - ts/ 9 .1104. IN AND FOR THE COUNTY OF SAN FRANCISCO ` 10 I ] COY COSSEY, ACTION NO. 920148 KAU PlCAJi 12 VS . Plaintiff, 13 ABEX CORPORATION, ET AL, 14 . Defendants. 15 16 LYNN WEIMER -,r_ ' J ACTION NO. 914594 17 vs. Plaintiff, ` 18 ABEX CORPORATION, ET AL. 19 Defendants. 20 CONSOLIDATED PARTIAL `RESPONSE OF KAISER CEMENT CORPORATION AND KAISER GYPSUM COMPANY, INC. TO PLAINTIFFS'.REQUEST FOR PRODUCTION OF DOCUMENTS J 21 22 23 24 25 26 27 28 -E -A- orr-cts .> KINCAID GiANCNZIO CAUDLE & HUBERT ACPORROPFOERSASTIOIONNAL PRELIMINARY STATEMENT During April, 1992 Plaintiffs served Notices of Deposition and Requests for Production of Documents on defendants Kaiser Cement Corporation ("Kaiser Cement") and Kaiser ' Gypsum Company, Inc. ("Kaiser Gypsum"), seeking production twenty-five categories of documents and related depositions. Copies of the notices are attached as Exhibit A. On May 1 Kaiser Cement and KC-133 KG-93 Kaiser Gypsum served Plaintiffs, by letter, with their objections. 2 (Exhibit B hereto). All objections stated in Exhibit B are 3 incorporated herein by reference. Among the objections was that 4 the requested categories have no geographic limitation and span 5 very long time periods. Consequently, locating the responsive 6 documents would be unduly burdensome and oppressive. 7 However, Kaiser Gypsum agreed, without waiving any 8 objections, to produce appropriate responsive documents, if given 9 a reasonable amount of time to complete the task. By letter of 10 May 20, 1992, counsel for Kaiser Cement and Kaiser Gypsum indicated 1 1 several months would be needed to complete this task (Exhibit C), 12 but also indicated that certain categories of documents could be 13 provided before completion and prior to any depositions. 14 Since May, Kaiser Cement and Kaiser Gypsum have been 15 engaged in a diligent search through their voluminous retained 16 records for documents potentially responsive to the twenty-five 17 document production categories. Because neither firm's retained 18 records are organized in terms of the document production 19 categories, literally thousands of boxes must be thoroughly 20 examined to locate documents fully responsive to some requests (or 21 to determine that there are none). However, completion of that task is not required in the case of documents responsive to 22 document production category 15 (annual reports). 23 24 Accordingly, Kaiser Cement and Kaiser Gypsum provide the following separate partial response to Plaintiffs request for 25 26 production of documents: Request 15. All your annual reports for the years 1936 27 28 through 1991 inclusive, to include all alleged predecessors or 2 PLTF 0529 successors in interest and subsidiaries involved in the sale, 2 mining, milling, distribution, import, transport, installation, or 3 manufacture of asbestos or asbestos-containing products. 4 Kaiser Cement Response: Kaiser Cement objects to 5 this request on the grounds that it is oppressive and overbroad 6 (and therefore not calculated to lead to the discovery of 7 admissible evidence) to the extent that it seeks annual reports 8 for years in which Kaiser Cement did not market asbestos- 9 containing products. The only years during which Kaiser Cement 10 issued annual reports and marketed any products that contained 11 asbestos as an ingredient were from 1959-76. During the years 12 1959-63 Kaiser Cement was known as "Permanente Cement Company"; 13 during the years 1964-76 Kaiser Cement was known as "Kaiser Cement 14 & Gysum Corporation." Without waiving its objections, 15 Kaiser Cement agrees to produce these annual reports. _ 16 _ Kaiser Gypsum Response: Kaiser Gypsum adopts the above- 17 stated objections of Kaiser Cement. Without waiving those 18 objections, Kaiser Gypsum responds that it never issued annual reports, and, consequently, there are no documents responseiv^^io 19 this request. 20 21 DATED : August 7, 1992 KINCAID, GIANUNZIO, CAUDLE & HUBERT 22 A Professional Corporation 23 24 25 26 27 # 1 'S3bc\categl S.rsp Attorneys for Defendants KAISER CEMENT CORPORATION AND KAISER GYPSUM COMPANY, INC. 28 ! 3 PLTF 0530 FRANCINE 5. CURTIS, ESQ. BRATTON, GISVOLD & HARLEY Attorneys at Law 999 Grant Avenue 3 P.O. Box 2109 Novato, California 94948 4 (415) 898-1555 5 Attorneys for Plaintiffs 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 12 13 14 15 15 17 IS 19 20 21 22 23 24 25 26 27 2S j COY vs. COSSEY, et al., ' Plaintiffs, ABEX CORPORATION, et al., Defendants. LYNN WEIMER, et al., vs. Plaintiffs, ABEX CORPORATION, et al., Defendants _______ ) ) ) ) ) ) ) ) ) ) ) ) ) NO. 914594 ) ) NOTICE OF TARING DEPOSITION ) AND REQUEST FOR PRODUCTION ') ) ) ) TO: DEFENDANT KAISER GYPSUM COMPANY, INC. AND ITS ATTORNEYS OF RECORD: . PLEASE TAKE NOTICE that the deposition of the Custodian of Records has been notices for May 6, 1992 at 9:00 a.n. and each day thereafter until completed at Tooker & Antz, 131 Steuart Street, San Francisco, CA, plaintiffs will take the deposition of Custodian of Records whose address is known to you, rr.yj-r~; r. PLTF 0531 defendant KAISER GYPSUM COMPANY, INC.'s purchase, sale, marketing, distribution, shipment, import, transport, processing, mining, milling, labeling, packaging, installation, removal, application, use, testing, knowledge of health hazards, and/or analysis of asbestos and/or asbestos-containing products, and SEC filings, during the years 1936 through 1991. The 7 deponent will testify upon oral examination before a duly 8 authorized notary public, said deposition to continue from day 9 to day, Saturdays and Sundays excluded, until completed. 10 Pursuant to Section 2025(d) of the California Code of Civil 11 Procedure, plaintiffs.in the above-captigned actions hereby 12 request you to bring to the deposition for inspection and 13 copying by Brayton, Gisvold & Harley, the documents and things 14 described below. You are requested to produce the original 15 documents, and not just copies thereof, unless the original 16 documents have been destroyed or lost. ' 17 DEFINITIONS 18 1. The word "PROMOTION" refers to any method or form of 19 communicating a representation regarding a product or service. 20 2. The word "ADVERTISING" refers to any method or form of 21 communicating information about a product or service. 22 3. The word "LOGO" shall refer to an identifying symbol, 23 trademark, identifying statement or motto. 24 4. The words "PRODUCT" or "ASBESTOS-CONTAINING PRODUCT" 25 shall refer to raw asbestos or to any product, materials, 26 supplies, or equipment which you know or believe to contain or 27 include any amount or percentage of the mineral asbestos in 28 whole or in mixture with other products or materials. c:,clKnLa337r.XC'vcJepo no<4 2 PLTF 0532 DOCUMENTS TO BE PRODUCED 1. All written correspondence, directed to or received from other manufacturers or distributors of any asbestos or asbestos-containing products, or agents thereof regarding health hazards related to the inhalation or ingestion of asbestos fibers. 2. All writings or documents regarding tests or studies conducted by you or under your auspices, which tests or studies concerned health hazards related to the inhalation or ingestion 10 of asbestos fibers. 11 3. All writings or documents regarding patent . 12 applications or patents originated by you or under your auspices 13 concerning any asbestos-containing product(s). 14 4. All writings or documents regarding patent 15 applications or patents originated by you or under your auspices 16 concerning any asbestos-free insulation product(s) intended for 17 the same purpose as, or to be used in place of any insulation 18 product(s) manufactured or distributed by you which contained*^ 19 asbestos. . 20 5. All writings or documents regarding workers' 21 compensation claims made by or on behalf of your employees, 22 other than contract unit employees, which claims were or are 23 based upon injury or illness allegedly caused by inhalation or 24 ingestion of or exposure to asbestos fibers. 25 6. All books, pamphlets, catalogs, or written articles, 26 published or otherwise, including rough drafts thereof, produced 27 by you or under your auspices which pertain- to health hazards 2S related to the inhalation or ingestion of asls? . " ;.^brmtj3*7PXQ^cocpo cofJ 3 PLTF 0533 7. All written correspondence or other documents directed to or received from any United States governmental agency 3 regarding health hazards related to the inhalation or ingestion 4 of asbestos fibers. 5 8. All bulletins, notes or other writings directed from 6 you to your employees regarding health hazards related to the 7 inhalation or ingestion of asbestos fibers. 8 9. All warning signs, facsimiles or photographs thereof, 9 relating to the dangers of asbestos inhalation, placed at or 10 near work sites of your employees or of any of your customers, 11 where asbestos or asbestos-containing product (s) were or are 12 used. 13 10. All warning signs, or facsimiles or photographs 14 thereof, related to the dangers of asbestos inhalation, 15 recommended by you for use at work sites where asbestos or 16 asbestos-containing product(s) are or were used. 17 11. All writings or documents pertaining to agreements 18 between yourself and any other manufacturer or distributor of _ 19 asbestos-containing products regarding the relabelling, 20 rebranding or resale of asbestos or asbestos-containing 21 product(s) by said manufacturers or distributors. 22 12. All writings or documents pertaining to agreements 23 between yourself and any other manufacturer or distributor of 24 asbestos-containing products regarding the transfer or 25 assumption of any license or right to manufacture, distribute, 26 transport, import, ship, mine, mill or sell asbestos or 27 asbestos-containing product(s). 28 13. All writings or documents relating co c_,cbcBu337r>CG^cocpo doU 4 PLTF 0534 COMPANY, INC.'s control, purchase, acquisition and/or I 1 dissolution of any corporation or business entity which has mined, manufactured, produced, processed, compounded, sold, supplied, imported, transported, shipped, distributed and/or otherwise, placed asbestos or asbestos-containing products in the stream of commerce, including any predecessor in interest to KAISER GYPSUM COMPANY, INC.. 8 14. All writings or documents, including bills, purchase 9 orders, customer lists, customer sales lists, bills of lading, 10 invoices and shipping orders, reflecting or representing sales, 11 shipment, import, transport or distribution by you of any . 12 asbestos or asbestos-containing product(s) to any other 13 defendant herein (including those defendants in bankruptcy). 14 15. All' your annual reports for the years 1936 through 15 1991, inclusive, to include all alleged predecessors or 16 successors in interest and subsidiaries involved in the sale, 17 mining, milling, distribution, import, transport, installation, 18 or manufacture of asbestos or asbestos-containing products. 19 16. All reports filed with the United States Securities 20 and Exchange Commission, including Forms 10-K, 10-Q and 8-K, for 21 the years 1936 to the date of this Request, inclusive, to 22 include all alleged predecessors and successors in interest and 23 subsidiaries involved in the sale, mining, milling, 24 distribution, import, transport, installation, or manufacture of 25 asbestos or asbestos-containing products. 26 17. All organization charts or other such documents from 27 1936 to the present date which detail lines of authority within 28 your company, to include all alleged predecessors and .......... Z' cbcau337rXG^cdepo.DC*J 5 PLTF 0535 i s in interest and subsidiaries involved in the sale, mining, milling, distribution, import, transport, installation, or manufacture of asbestos or asbestos-containing products. 18. All copies of Asbestos Magazine in your possession. 19. Examples of all warning labels placed on the containers and/or packages and/or bags of asbestos or asbestoscontaining products which dealt with exposure to asbestos, to include those of all of your alleged predecessors and successors in interest. 20. All internal memoranda, papers, minutes, or other such documents which relate to your decision to label asbestos or any asbestos-containing products with a warning relative to asbestos 13 exposure. 14 21. Each and every set of interrogatories, and answers 15 thereto, served on you by each and every plaintiff both in 16 actions pending or which have been dismissed, alleging asbestos17 related disease or injury resulting from exposure within the 18 State of California to your asbestos products.. (If multiple . 19 plaintiffs have served identical interrogatories, you need only 20 produce an exemplar set of questions and answers.) 21 22. All writings concerning any studies, analyses or 22 estimates of the quantity of asbestos or asbestos-containing 23 products sold, manufactured, mined, milled, processed, 24 distributed, transported, imported, shipped, marketed or stored 25 by you or by any subsidiary or division, or alleged predecessor 26 or successor in interest to you, in the United States, or for 27 use within the United States, between 1936 and the present. 28 23. All documents, writings, memoranda ar.J/n- c rhnrttjT' t'XG^'Cdcpo.aot4 PLTF 0536 correspondence concerning any oral or written contact between you and Dr. Irving Selikoff about the potential health hazards of asbestos. 4 24. Any and all corporate minutes, books for KAISER GYPSUM c COMPANY, INC., and any and all of its predecessors in interest for the years 1936 to 1991, inclusive. 7 25. Any and all documents identified, or referenced in 8 KAISER GYPSUM COMPANY, INC.'s answers to General Order No. 29 9 Interrogatories. 10 The witness will be required to testify regarding his/her 11 knowledge of facts and other matters related to the above- . 12 captioned matters including, but not limited to, COY COSSEY's 13 and DONALD WEIMER's exposure to asbestos and asbetos-containing 14 products and those matters referenced above. Dated: __________^11 7 I ^________ BRAYTON, GISVOLD & HARLEY 15 16 17 By: Co Francine S. Curtis 18 Attorneys for Plaintiffs 19 20 21 22 23 24 25 26 27 28 c: bcnLai 371` ciievo. nc*4 7 PLTF 0537 PROOF OF SERVICE I, Candace L Jordan, do hereby declare and state: I am employed in the City of Novato, County of Marin, California. I am over the age of 18 years and not a party to the within action. My business address is 881 Grant Avenue, Novato, CA 94945. On Hf)lil' IT',/, I served the within: ________________ 1 c^-i-7 _' - -V-,. /. ,7^ ' A , ..> S/-.. -> *V /7 oh the parties in this action, by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: Berry & Berry Station D P.O. Box 70250 Oakland. CA 94612-0250 SEE ATTACHED LIST (By Mail Service) I am readily familiar with the business practice at my place cf business for collection and processing of correspondence for delivery by mail. .Correspondence so collected and processed is deposited with the United States Postal Service on the same day in the ordinary course of business. On the above date the said envelope was collected for the United States Postal Service following ordinary business practices. 4j* (By Telecopier) I caused each such document to be Telefaxed by telecopier to the offices of each addressee above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this / 7~ day of 7^ n ., 1992.at Novato, California. Candace L/Jefdan PLTF 0538 RUN DATE: 04/17/92 CLIENT: ________________ SRAYTCN, G.'SVCLD i HARLE f LITIGATION SUPPORT SYSTEM SERVICE LIST paC-E: REPORT NO: ;2a ARMSTRONG WORLD INDUSTRIES Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17C0 Oakland, CA 94612 (510)444-4646 (510)446-1946 CERTAIN-TEED CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 DEE ENGINEERING COMPANY Walswortn, Franklin 4 Bevins 580 California St., Ste. 1335 San Francisco, CA 94104 (415)781-7072 (415)391-6258 FLEXITALLIC, INC. Knox, Ricksen, e: al. Rupert Ricksen, Eso. 1999 Harrison St., Ste. 17; Oakland, CA 94612 (510)444-4646 (510)446-' GAF CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 KAISER CEMENT CORPORATION Kincaid, Gianunzio P.O. 8ox 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 KAISER GYPSUM COMPANY, IHC. Kincaid, Gianunzio P.O. Box 1828 200 Webster Street Oakland, CA 94604-C823 (510)465-5212 (510)465-0362 NATIONAL GYPSUM/GCLD BCND Knox, Ricksen, et al. Rupert Ricksen, Esa. 1999 Harrison St., Ste. 17: Oakland, CA 94612 (510)444-4646 (510)446-` POZZI, INC. Lynch, Loofbourrow, et al. 50 Francisco St., Ste. 400 San Francisco, CA 94133 (415)397-2800 (415)397-0937 QUIGLEY COMPANY, INC. Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 TURNER NEWALL/KEASBEY & MAOI Knox, Ricksen, e: al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 UNITED STATES GYPSUM COMPANY Knox, Ricksen, e: al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. '"Z Oakland, CA 94612 (510)444-4646 C510)44S-- WESTERN AS3ESTOS/MACARTHUR CO. Hardin, Cook, et al. Lake Merritt Plaza 1999 Harrison Street Oakland, CA 94612 10)444-3131 (510)839-7940 U.S. MINERAL PROOUCTS COMPANY Long & Levit 101 California St., Ste. 2300 San Francisco, CA 94111 415)397-2222 (415)397-6392 UNION CARBIDE CORPORATION Knox, Ricksen, et al. RIVERSIDE CEMENT COMPANY Rupert Ricksen, Esq. Lieoman, Reiner, et al. 1999 Harrison St., Ste. 1700 3255 Wilshire Blvd., 12th F. Oakland, CA 94612 Los Angeles, CA 9C010 ` (510)444-4646 (510)446-1946 (213)387-0777 (213)333-67- ENO OF REPORT** PLTF 0539 FRANCINE S. CURTIS, ESQ. BRAYTON, GISVOLD & HARLEY Attorneys at Law 999 Grant Avenue P.O. Box 2109 Novato, California 9494S 4 (415) 898-1555 5 Attorneys for Plaintiffs 6 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 COY COSSEY, et al., 12 Plaintiffs, 13 vs. ) No. 920148 ) ) ) ) 14 ABEX CORPORATION, et al., 15 _____________Defendants .______ 15 LYNN WEIMER, et al., 17 Plaintiffs, 13 vs. ) ) ) ) ) NO. 914594 ) ) NOTICE OF TAKING DEPOSITION ) AND REQUEST FOR PRODUCTION I 19 ABEX CORPORATION, et al., 20 Defendants 21 ) ) ) ) ) TO: DEFENDANT KAISER CEMENT CORPORATION AND ITS ATTORNEYS OF 22 RECORD: 23 PLEASE TAKE NOTICE that plaintiff's will take the following 24 described deposition before a duly qualified court reporter in 25 and for the State of California. 26 Deponent: KAISER CEMENT CORPORATION'S person(s) 27 cst kr.cwledce recarding the infcmation described re PLTF 0540 Time/Date: 1:00 p.m.. May 5, 1992 2 Place: Tooker & Antz, 131 Steuart, San Francisco, 3 California. 4 All information regarding defendant KAISER CEMENT 5 CORPORATION'S purchase, sale, marketing, distribution, shipment, 6 import, transport, processing, mining, milling, labeling, 7 packaging, installation, removal, application, use, testing, ' 8 knowledge of health hazards, and/or analysis of asbestos and/or 9 asbestos-containing products, and SEC filings, during the years 10 1936 through 1991. The deponent will testify upon oral 11 examination before a duly authorized notary public, said ' 12 deposition to continue from day to day, Saturdays and Sundays 13 excluded, until completed. 14 Pursuant to Section 2025(d) of the California Code of Civil 15 Procedure, plaintiffs in the above-captioned actions hereby 16 request you to bring to the deposition for inspection and 17 copying by Brayton, Gisvold & Harley, the documents and things 18 described below. You are requested to produce the original " ' 19 documents, and not just copies thereof, unless the original 20 documents have been destroyed or lost. 21 DEFINITIONS 22 1. The word "PROMOTION" refers to any method or form of 23 communicating a representation regarding a product or service. 24 2. The word "ADVERTISING" refers to any method or form of 25 communicating information about a product or service. 26 3. The word "LOGO" shall refer to an identifying symbol, 27 trademark, identifying statement or motto. 23 4. The words "PRODUCT" or "ASBESTOS-COL':. " ' r^CC^cocro pmx4 2 PUTF 0541 1 shall refer to raw asbestos or to any product, materials, 2 supplies, or equipment which you know or believe to contain or 3 include any amount or percentage of the mineral asbestos in 4 whole or in mixture with other products or materials. 5 6 DOCUMENTS TO BE PRODUCED 7 1. All written correspondence, directed to or 8 received from other manufacturers or distributors of any 9 asbestos or asbestos-containing products, or agents thereof 10 regarding health hazards related to the inhalation or ingestion 11 of asbestos fibers. ' 12 2. All writings or documents regarding tests or studies 13 conducted by you or under your auspices, which tests or studies 14 concerned health hazards related to the inhalation or .ingestion 15 of asbestos fibers. 16 3. All writings or documents regarding patent 17 applications or patents originated by you or under your auspices 18 concerning any asbestos-containing product(s). 19 4. All writings or documents regarding patent 20 applications or patents originated by you or under your auspices 21 concerning any asbestos-free insulation product(s) intended for 22 the same purpose as, or to be used in place of any insulation 23 product(s) manufactured or distributed by you which contained 24 asbestos. 25 5. All writings or documents regarding workers' 26 compensation claims made by or on behalf of your employees, 27 other than contract unit employees, which claims ere e:r ~v 28 based upon injury or illness allegedly caused by ". c:ieic*u337l\XC*c<Jepo ccu-i PLTF 0542 ingestion of or exposure to asbestos fibers. 2 6. All books, pamphlets, catalogs, or written articles, 3 published or otherwise, including rough drafts thereof, produced 4 by you or under your auspices which pertain to health hazards 5 related to the inhalation or ingestion of asbestos fibers. 6 7. All written correspondence or other documents directed 7 to or received from any United States governmental agency 8 regarding health hazards related to the inhalation or ingestion 9 of asbestos fibers. 10 8. All bulletins, notes or other writings directed from 11 you to your employees regarding health hazards related to the 12 inhalation or ingestion of asbestos fibers. 13 9. All warning signs, facsimiles or photographs thereof, 14 relating to the dangers of asbestos inhalation, placed at or ' 15 near work sites of your employees or of any of your customers, 16 where asbestos or asbestos-containing product (s) were or are 17 used. 18 10. All warning signs, or facsimiles or photographs * 19 thereof, related to the dangers of asbestos inhalation, 20 recommended by you for use at work sites where asbestos or 21 asbestos-containing product(s) are or were used. 22 11. All writings or documents pertaining to agreements 23 between yourself and any other manufacturer or distributor of 24 asbestos-containing products regarding the relabelling, 25 rebranding or resale of asbestos or asbestos-containing 26 product(s) by said manufacturers or distributors. 27 12. All writings or documents pertaining to agre^mn'r'-^. 28 between yourself and any other manufacturer or cirt:-.':.' c.*ueouJ37rXC^cdeDo PLTF 0543 1 asbestos-containing products regarding the transfer or 2 assumption of any license or right to manufacture, distribute, 3 transport, import, ship, mine, mill or sell asbestos or 4 asbestos-containing product(s). 5 13. All writings or documents relating to KAISER CEMENT 6 CORPORATION'S control, purchase, acquisition and/or dissolution 7 of any corporation or business entity which has mined, 8 manufactured, produced, processed, compounded, sold, supplied, 9 imported, transported, shipped, distributed and/or otherwise, 10 placed asbestos or asbestos-containing products in the stream of 11 commerce, including any predecessor in interest to KAISER CEMENT 12 CORPORATION. 13 14. All writings or documents, including bills, purchase 14 orders, customer lists, customer sales lists, bills of lading, 15 invoices and shipping orders, reflecting or representing sales, 16 shipment, import, transport or distribution by you of any 17 asbestos or asbestos-containing product(s) to any other 18 defendant herein (including those defendants in bankruptcy). ' 19 15. All your annual reports for the years 1936 through 20 1991, inclusive, to include all alleged predecessors or 21 successors in interest and subsidiaries involved in the sale, 22 mining, milling, distribution, import, transport, installation, 23 or manufacture of asbestos or asbestos-containing products. 24 16. All reports filed with the United States Securities 25 and Exchange Commission, including Forms 10-K, 10-Q and 8-K,` for 26 the years 1936 to the date of this Request, inclusive, to 27 include all alleged predecessors and successors n inv'-- " 28 subsidiaries involved in the sale, mining, mill'. c:\rbaifcji37l\XOvcocpo pmt* i PLTF 0544 distribution, import, transport, installation, or manufacture of asbestos or asbestos-containing products. 17. All organization charts or other such documents from 1936 to the present date which detail lines of authority within your company, to include all alleged predecessors and successors 6 in interest and subsidiaries involved in the sale, mining, 7 milling, distribution, import, transport, installation, or 8 manufacture of asbestos or asbestos-containing products. 9 18. All copies of Asbestos Magazine in your possession. 10 19. Examples of all warning labels placed on the 11 containers and/or packages and/or bags of asbestos or asbestos12 containing products which dealt with exposure to asbestos, to 13 include those of all of your alleged predecessors and successors 14 in interest. 15 - 20. All internal memoranda, papers, minutes, or other such 16 documents which relate to your decision to label asbestos or any 17 asbestos-containing products with a warning relative to asbestos 18 exposure. 19 21. Each and every set of interrogatories, and answers 20 thereto, served on you by each and every plaintiff both in 21 actions pending or which have been dismissed, alleging asbestos22 related disease or injury resulting from exposure within the 23 State of California to your asbestos products. (If multiple 24 plaintiffs have served identical interrogatories, you need only 25 produce an exemplar set of questions and answers.) 26 22. All writings concerning any studies, analyses ct 27 estimates of the quantity of asbestos or asbestos-cont 28 products sold, manufactured, mined, milled, processed. ;:,xbmn3371tJCCa/coepo p*n*4 6 PLTF 0545 1 distributed, transported, imported, shipped, marketed or stored 2 by you or by any subsidiary or division, or alleged predecessor 3 or successor in interest to you, in the United States, or for 4 use within the United States, between 1936 and the present. 5 23. All documents, writings, memoranda and/or 6 correspondence concerning any oral or written contact between 7 you and Dr. Irving Selikoff about the potential health hazards 8 of asbestos. 9 24. Any and all corporate minutes, books for KAISER CEMENT 10 CORPORATION, and any and all of its predecessors in interest for 11 the years 1936 to 1991, inclusive. ' 12 25. Any and all documents identified, or referenced in 13 KAISER CEMENT CORPORATION'S answers to General Order No. 29 14 Interrogatories. Dated: 15 .nidi _ BRAYTON, GISVOLD & HARLEY 16 17 18 By lLcAT: Francine S. Curtis 19 Attorneys for Plaintiffs 20 21 22 23 24 25 I I 26 27 28 I 1\KC*'CQcpo pmc4 7 PLTF 0546 PROOF OF SERVICE I, Candace L Jordan, do hereby declare and state: I am employed in the City of Novato, County of Marin, California. I am over the age of 18 years and not a party to the within action. My business address is 881 Grant Avenue, Novato, CA 94945. On A*pri I H . . | served the within: y 7-c-try ;/ - vc: CyS .r/tofts'- si*, _/=----------------------^J--------------------------1--------^ ~ f ' *' fpr e4--Cf7--------------------=-- on the parties in this action, by placing a true copy thereof in a seared envelope, and each envelope addressed as follows: Berry & Berry Station D P.O. Box 70250 . Oakland, CA 94612-0250 ' SEE ATTACHED LIST' 3--' (By Mail Service) I am readily familiar with the business practice at my place of business for collection and processing of correspondence for delivery by mail. Correspondence so collected and processed is deposited with the United States Postal Service on the same day in the ordinary course of business. On the above date the said envelope was collected for the United States Postal Service following ordinary business practices. O (By Telecopier) I caused each such document to be Telefaxed by telecopier to the offices of each addressee above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this /? ^dav of dp-iiJ _, 1992.at Novato, California. c Candace.L/Jordan PLTF 0547 RUN DATE: 04/17/92 " Ient: pHMtaawmmrnatmmm 3RAYTGN, GISVOLD i HARLEY LITIGATION SUPPORT SYSTEM service list PAGE: report nc: 2 ARMSTRONG WORLD INDUSTRIES Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 CERTAIN-TEED CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esa. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 DEE ENGINEERING COMPANY Walsuortr., Francl in & Bevins 580 California St., Ste. 1335 San Francisco, CA 94104 (415)781-7072 (415)391-6258 FLEXITALLIC, INC. Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)4i6- GAF CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 KAISER CEMENT CORPORATION Kincaid, Gianunzio P.O. Box 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 KAISER GYPSUM COMPANY, INC. Kincaid, Gianunzio P.O. Box 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 NATIONAL GYPSUM/GCLD BONO Knox, Ricksen, ec al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)4,6- POZZI, INC. Lynch, Loofbourrow, et al. 50 Francisco St., Ste. 400 San Francisco, CA 94133 (415)397-2800 (415)397-0937 QUIGLEY COMPANY, INC. Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 TURNER & NEWALL/KEAS3EY & MAD 1 Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 UNI TED STATES GYPSUM COMPANY Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 - (510)----6 - WESTERN AS8ESTOS/HACARTHUR CO. Hardin, Cook, et al. Lake Merritt Plaza 1999 Harrison Street Oakland, CA 94612 .'510)444-3131 (510)839-7940 U.S. MINERAL PROOUCTS COMPANY Long & Levit 101 California St., Ste. 2300 San Francisco, CA 94111 415)397-2222 (415)397-6392 UNION CARBIDE CORPORATION Knox, Ricksen, et al. RIVERSIDE CEMENT COMPANY Ri^jert Ricksen, Esq. Liebman, Reiner, et al. 1999 Harrison St., Ste. 1700 3255 Wilshire Blvd., 12th F. Oakland, CA 94612 Los Angeles, CA 90010 (510)444-4646 (510)446-1946 (213)387-0777 (213)383-67 END OF REPORT** " PLTF 0548 All your ann inclusive. manufac No dbcume REQUEST, 15 Reports for the yevars 193 6 through 1991, e- alleged^predecessors or successors-in- Tarles^involyed in the saile, mining, ' import, transport, installation or s or asBestos-cOntaining products. i^< request ties & rid 8-K for ive, to arid V mimng, milling,\ llation of, manufacture thib request. k:\fonns\listsMuuser.doc satipn charts or^dther/^uch documents from 1936 to whichJietai 1.-4jne s of authority within your to in^J.jude^alleged.^recJecessors and successors-in^a.nd -subsidiatries-tL'rivo 1 ved in the sale., mining, distribution-import, transport, installation of _of_lasheStos or asbestos-containing products. Gypsum Group of Management-. -_JQate:"^ April 1972. '/ Description: This is a series of 4 charts listing ^the management of Gypsum' Group. j evident,.and''Genera 1 ManagerR.A. Costa. Manager, Building Systems Engineering: Tupper. B.E. Manager, TrafJ tion: L.D. Olson. Vice President and General Manager, COMSA: A. Chavez. VieePresident and General Manager, CIKSA: Conde5 A. 15 PLTF 0549 1 FRANCINE S. CURTIS, ESQ. BRAYTON, GISVOLD & HARLEY 2 Attorneys at Law 999 Grant Avenue 3 P.O. Box 2109 Novato, California 94948 4 (415) 898-1555 5 Attorneys for Plaintiffs 6 7 8 SUPERIOR COURT OP CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 COY COSSEY, et al., 12 Plaintiffs, ) No. 920148 ). 13 vs. 14 ABEX CORPORATION, et al., 15 ~___________Defendants ._______ 16 LYNN WEIMER, et al., 17 Plaintiffs, IS vs. ) ) NO. 914594 ) ) NOTICE OF TARING DEPOSITION ) AND REQUEST FOR PRODUCTION 19 ABEX CORPORATION, et al., ) ) ) 20 Defendants ) ) 21 TO: DEFENDANT KAISER CEMENT CORPORATION AND ITS ATTORNEYS OF 22 ! RECORD: 23 PLEASE TAKE NOTICE that plaintiff's will take the following 24 described deposition before a duly qualified court reporter in 25 I 26 I and for the State of California. i Deponent: KAISER CEMENT CORPORATION'S person(s) with 27i :r.e nose xr.cviecce recaramc :he ir.fornacion 23 PLTF 0550 1 Time/Date: 1:00 p.m., May 5, 1992 2 Place: Tooker & Antz, 131 Steuart, San Francisco, 3 California. 4 All information regarding defendant KAISER CEMENT 5 CORPORATION'S purchase, sale, marketing, distribution, shipment, 6 import, transport, processing, mining, milling, labeling, 7 packaging, installation, removal, application, use, testing, 8 knowledge of health hazards, and/or analysis of asbestos and/or 9 asbestos-containing products, and SEC filings, during the years 10 1936 through 1991. The deponent will testify upon oral 11 examination before a duly authorized notary public, said 12 deposition to continue from day to day, Saturdays and Sundays 13 excluded, until completed. 14 Pursuant to Section 2025(d) of the California Code of Civil 15 Procedure, plaintiffs in the above-captioned actions hereby 16 request you to bring to the deposition for inspection and 17 i copying by Brayton, Gisvold & Harley, the documents and things 18 described below. You are requested to produce the original 19 documents, and not just copies thereof, unless the original 20 documents have been destroyed or lost. 21 ' DEFINITIONS 22 1. The word "PROMOTION" refers to any method or form of i 23 communicating a representation regarding a product or service. 24 2. The word "ADVERTISING" refers to any method or form of 25 communicating information about a product or service. 26 3. The word "LOGO" shall refer to an identifying symbol, 27 trademark, identifying statement or motto. 28 4. The words "PRODUCT" or "ASBESTOS-CC. ... c: v-vry ij 31 VXC^eocpo prax* 4 PLTF 0551 1 shall refer to raw asbestos or to any product, materials, 2 supplies, or equipment which you know or believe to contain or 3 include any amount or percentage of the mineral asbestos in 4 whole or in mixture with other products or materials. 5 6 DOCUMENTS TO BE PRODUCED 7 1. All written correspondence, directed to or 8 received from other manufacturers or distributors of any 9 asbestos or asbestos-containing products, or agents thereof 10 regarding health hazards related to the inhalation or ingestion 11 of asbestos fibers. 12 2. All writings or documents regarding tests or studies 13 conducted by you or under your auspices, which tests or studies 14 concerned health hazards related to the inhalation or ingestion 15 of asbestos fibers-. 16 3. All writings or documents regarding patent 17 applications or patents originated by you or under your auspices 18 concerning any asbestos-containing product(s)-. "" 19 4. All writings or documents regarding patent 20 applications or patents originated by you or under your auspices 21 concerning any asbestos-free insulation product(s) intended for 22 the same purpose as, or to be used in place of any insulation I 23 product(s) manufactured or distributed by you which contained 24 asbestos. 25 5. All writings or documents regarding workers' 26 compensation claims made by or on behalf of your employees, 27 other than contract unit employees, which claims --ere'or -r 28 based upon injury or illness allegedly caused by ` '< - ` ;:\cietJj7l,JCOvcdcpo jkej:4 3 PLTF 0552 1 ingestion of or exposure to asbestos fibers. 2 6. All books, pamphlets, catalogs, or written articles, 3 published or otherwise, including rough drafts thereof, produced 4 by you or under your auspices which pertain to health hazards 5 related to the inhalation or ingestion of asbestos fibers. 6 7. All written correspondence or other documents directed 7 to or received from any United States governmental agency 8 regarding health hazards related to the inhalation or ingestion 9 of asbestos fibers. 10 8. All bulletins, notes or other writings directed from 11 you to your employees regarding health hazards related to the 12 inhalation or ingestion of asbestos fibers. 13 9. All warning signs, facsimiles or photographs thereof, 14 relating to the dangers of asbestos inhalation, placed at or 15 nejtr work sites of your employees or of any of your customers, 16 where asbestos or asbestos-containing product(s) were or are 17 used. 18 10. All warning signs, or facsimiles or photographs 19 thereof, related to the dangers of asbestos inhalation, 20 recommended by you for use at work sites where asbestos or 21 asbestos-containing product(s) are or were used. 22 11. All writings or documents pertaining to agreements 23 between yourself and any other manufacturer or distributor of 24 asbestos-containing products regarding the relabelling, 25 rebranding or resale of asbestos or asbestos-containing 26 product(s) by said manufacturers or distributors. 27 12. All writings or documents pertaining to agreements 23 between yourself and any other manufacturer or :V. :r' ' c:\clScotCwcffcrpo 4 PLTF 0553 asbestos-containing products regarding the transfer or 2 assumption of any license or right to manufacture, distribute, 3 transport, import, ship, mine, mill or sell asbestos or 4 asbestos-containing product(s). 5 13. All writings or documents relating to KAISER CEMENT 6 CORPORATION'S control, purchase, acquisition and/or dissolution 7 of any corporation or business entity which has mined, 8 manufactured, produced, processed, compounded, sold, supplied, 9 imported, transported, shipped, distributed and/or otherwise, 10 placed asbestos or asbestos-containing products in the stream of 11 commerce, including any predecessor in interest to KAISER CEMENT 12 CORPORATION. 13 14. All writings or documents, including bills, purchase 14 orders, customer lists, customer sales lists, bills of. lading, ' 15 invoices and shipping orders, reflecting or representing sales, 16 shipment, import, transport or distribution by you of any 17 asbestos or asbestos-containing product(s) to any other j 18 defendant herein (including those defendants in bankruptcy). *"7 19 15. All your annual reports for the years 1936 through 20 1991, inclusive, to include all alleged predecessors or 21 successors in interest and subsidiaries involved in the sale, 22 mining, milling, distribution, import, transport, installation, 23 or manufacture of asbestos or asbestos-containing products. 24 16. All reports filed with the United States Securities 25 and Exchange Commission, including Forms 10-K, 10-Q and 8-K, for 26 the years 1936 to the date of this Request, inclusive, to 27 include all alleged predecessors and successors in interest 7` f 28 subsidiaries involved in the sale, mining, miHir./,. Cl'cboatjJjTXC^edcpo pen4 5 PLTF 0554 1 distribution, import, transport, installation, or manufacture of 2 asbestos or asbestos-containing products. 3 17. All organization charts or other such documents from 4 1936 to the present date which detail lines of authority within 5 your company, to include all alleged predecessors and successors 6 in interest and subsidiaries involved in the sale, mining, 7 milling, distribution, import, transport, installation, or 8 manufacture of asbestos or asbestos-containing products. 9 18. All copies of Asbestos Magazine in your possession. 10 19. Examples of all warning labels placed on the 11 containers and/or packages and/or bags of asbestos or asbestos- 12 containing products which dealt with exposure to asbestos, to 13 include those of all of your alleged predecessors and successors 14 in interest. 15 - 20. All internal memoranda, papers, minutes, or other such 16 documents which relate to your decision to label asbestos or any 17 asbestos-containing products with a warning relative to asbestos 18 exposure. ' 19 21. Each and every set of interrogatories, and answers 20 thereto, served on you by each and every plaintiff both in 21 actions pending or which have been dismissed, alleging asbestos- 22 related disease or injury resulting from exposure within the 23 State of California to your asbestos products. (If multiple 24 plaintiffs have served identical interrogatories, you need only 25 produce an exemplar set of questions and answers.) 26 22. All writings concerning any studies, -r~.ly" ' 27 estimates of the quantity of asbestos or asbestos-contr ' 28 products sold, manufactured, mined, milled, ';ro-. . ' . IVXCvcocpo pm*4 6 pLTF 0555 1 distributed, transported, imported, shipped, marketed or stored 2 by you or by any subsidiary or division, or alleged predecessor 3 or successor in interest to you, in the United States, or for 4 use within the United States, between 1936 and the present. 5 23. All documents, writings, memoranda and/or 6 correspondence concerning any oral or written contact between 7 you and Dr. Irving Selikoff about the potential health hazards 8 of asbestos. 9 24. Any and all corporate minutes, books for KAISER CEMENT 10 CORPORATION, and any and all of its predecessors in interest for 11 the years 1936 to 1991, inclusive. 12 25. Any and all documents identified, or referenced in 13 KAISER CEMENT CORPORATION'S answers to General Order No. 29 14 | Interrogatories. I Dated: 15 __________H)/V_________ BRAYTON, GISVOLD & HARLEY 16 17 By ^ 18 Francine S. Curtis 19 Attorneys for Plaintiffs 20 21 22 23 24 25 26 27 28 c:\cix3o3j7l\XCa/;dqpo pea*4 7 pLTF 0556 PROOF OF SERVICE I, Candace L Jordan, do hereby declare and state: I am employed in the City of Novato, County of Marin, California. I am over the age of 18 years and not a party to the within action. My business address is 881 Grant Avenue, Novato, CA 94945. On A*pri I H , , | served the within: _ Vi .<2/ ^ on the parties in this action, by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: Berry & Berry Station D P.O. Box 70250 Oakland, CA 94612-0250 . SEE ATTACHED LIST ' ` (By Mail Service) I am readily familiar with the business practice at my place of business for collection and processing of correspondence for delivery by mail. ~ Correspondence so collected and processed is deposited with the United States Postal Service on the same day in the ordinary course of business. On the above date the said envelope was collected for the United States Postal Service following ordinary business practices. d (By Telecopier) I caused each such document to be Telefaxed by telecopier to the offices of each addressee above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this [7 Afav of . 1992.at Novato, California. sl-'l Candace.-{/Jordan PLTF 0557 RUN DATE: 04/17792 r< I ENT: p BRATTON, GISVOLO 1 HARLEY litigation support system SERVICE LIST PAGE: REPORT NO: 62 ARMSTRONG UORLO INDUSTRIES Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 CERTAIN-TEED CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 OEE ENGINEERING COMPANY Walsworth, Franklin i Bevins 580 California St., Ste. 1335 San Francisco, CA 94104 (415)781-7072 415)391-6258 FLEXITALLIC, INC. Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)446- GAF CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 KAISER CEMENT CORPORATION Kincaid, Gianunzio P.O. Box 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 KAISER GYPSUM COMPANY, INC. Kincaid, Gianunzio P.O. Box 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 NATIONAL GYPSUM/GOLO SCHO Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)446- P02ZI, INC. Lynch, Loofbourrou, et al. 50 Francisco St., Ste. 400 San Francisco, CA 94133 (415)397-2800 (415)397-0937 OUIGLEY COMPANY, INC. Knox, Ricksen, e.t al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 TURNER & NEWALL/KEASBEY 4 MAO I Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 UNITED STATES GYPSUM COMPANY Knox, Ricksen, e: al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)446- WESTERN ASoESTOS/HACARTHUR CO. Hardin, Cook, et al. Lake Merritt Plaza 1999 Harrison Street Oakland, CA 94612 . 510)444-3131 (510)839-7940 U.S. HINERAL PROOUCTS COMPANY Long t Levit 101 California St., Ste. 2300 San Francisco, CA 94111 '415)397-2222 (415)397-6392 UNION CARBIDE CORPORATION Knox, Ricksen, et al. RIVERSIDE CEMENT COMPANY Rupert Ricksen, Esq. Liebman, Reiner, et al. 1999 Harrison St., Ste. 1700 3255 Wilshire Blvd., 12:h F Oakland, CA 94612 Los Angeles, CA 90010 (510)444-4646 (510)446-1946 213)387-0777 (213)383-6 END OF REPORT tt _ PLTF 0558 i. FRA_NCINZ S. CURTIS, ESQ. BRAITON, GISVOLD & HARLEY 2 Attorneys at Lav 999 Grant Avenue 3 P.O. Box 2109 Novato, California 94948 4 (415) 838-1555 5 Attorneys for Plaintiffs 6 7 - 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 COY COSSEY, et al., ) No. 920148 ) 12 Plaintiffs, ) 13 vs. ) ) 14 A3EX CORPORATION, et al., ) ) 15 _ Defendants. ) ) 16 LYNN WEIMZR, et al., 17 Plaintiffs, 18 vs. ) ) ) NO. 914594 ) ) NOTICE OF TAKING DEPOSITION ) AND REQUEST FOR PRODUCTION ' 19 ABEX CORPORATION, et al., ) ) ) 20 Defendants ) ) 21 TO: DEFENDANT KAISER GYPSUM COMPANY, INC. AND ITS ATTORNEYS OF 22 RECORD: 23 PLEASE TAKE NOTICE that the deposition of the Custodian of 24 Records has been notices for May 6, 1992 at 9:00 a.m. and each 25 day thereafter until completed at Tooker & Antz, 131 Steuart 26 Street, San Francisco, CA, plaintiffs will take the deposition 27 of Custodian of Records whose address is known to you, ~ec?.r: ' 2S t:\tDC3JCL3y PLTF 0559 DOCUMENTS TO BE PRODUCED 2 1. All written correspondence, directed to or 3 received from other manufacturers or distributors of any 4 asbestos or asbestos-containing products, or agents thereof 5 regarding health hazards related to the inhalation or ingestion 6 of asbestos fibers. 7 2. All writings or documents regarding tests or studies 8 conducted by you or under your auspices, which tests or studies 9 concerned health hazards related to the inhalation or ingestion 10 of asbestos fibers. 11 3. All writings or documents regarding patent . 12 applications or patents originated by you or under your auspices 13 concerning any asbestos-containing product(s). I 14 4. All writings or documents regarding, patent 15 applications or patents originated by you or under your auspices 16 concerning any asbestos-free insulation product(s) intended for 17 the same purpose as, or to be used in place of any insulation 18 product(s) manufactured or distributed by you which contained - 19 asbestos. 20 5. All writings or documents regarding workers' 21 compensation claims made by or on behalf of your employees, 22 other than contract unit employees, which claims were or are 23 based upon injury or illness allegedly caused by inhalation or 24 ingestion of or exposure to asbestos fibers. 25 6. All books, pamphlets, catalogs, or written articles, 26 published or otherwise, including rough drafts thereof, produced 27 by you or under your auspices which pertain to health hazards 28 related to the inhalation or ingestion of asbes'v- - '' . c:'<eacauJ77 t'XOwcdc^o.ac*'* PLTF 0560 1 7. All written correspondence or other documents directed 2 to or received from any United States governmental agency 3 regarding health hazards related to the inhalation or ingestion 4 of asbestos fibers. 5 8. All bulletins, notes or other writings directed from 6 you to your employees regarding health hazards related to the 7 inhalation or ingestion of asbestos fibers. 8 9. All warning signs, facsimiles or photographs thereof, 9 relating to the dangers of asbestos inhalation, placed at or 10 near work sites of your employees or of any of your customers, 11 where asbestos or asbestos-containing product(s) were or are 12 used. 13 10. All warning signs, or facsimiles or photographs 14 thereof, related to the dangers of asbestos inhalation, 15 resomnended by you for use at work sites where asbestos or 16 asbestos-containing product(s) are or were used. 17 11. All writings or documents pertaining to agreements 18 between yourself and any other manufacturer or distributor of k 19 asbestos-containing products regarding the relabelling, 20 rebranding or resale of asbestos or asbestos-containing 21 product(s) by said manufacturers or distributors. 22 12. All writings or documents pertaining to agreements . 23 between yourself and any other manufacturer or distributor of 24 asbestos-containing products regarding the transfer or 25 assumption of any license or right to manufacture, distribute, 26 transport, import, ship, mine, mill or sell asbestos or 27 asbestos-containing product(s). r 28 13. All writings or documents relating to c:Vtk*ini33TrXG***-dcpo 4 pLTF 0561 1 COMPANY, INC.'s control, purchase, acquisition and/or 2 dissolution of any corporation or business entity which has 3 mined, manufactured, produced, processed, compounded, sold, 4 supplied, imported, transported, shipped, distributed and/or 5 otherwise, placed asbestos or asbestos-containing products in 6 the stream of commerce, including any predecessor in interest to 7 KAISER GYPSUM COMPANY, INC.. 8 14. All writings or documents, including bills, purchase 9 orders, customer lists, customer sales lists, bills of lading, 10 invoices and shipping orders, reflecting or representing sales, 11 shipment, import, transport or distribution by you of any 12 asbestos or asbestos-containing product(s) to any other 13 defendant herein (including those defendants in bankruptcy). 14 15. All your annual reports for the years 1936 through 15 1991, inclusive, to include all alleged predecessors or 16 successors in interest and subsidiaries involved in the sale, 17 mining, milling, distribution, import, transport, installation, 18 or manufacture of asbestos or asbestos-containing products. _ 19 16. All reports filed with the United States Securities 20 and Exchange Commission, including Forms 10-K, 10-Q and 8-K, for 21 the years 1936 to the date of this Request, inclusive, to 22 include all alleged predecessors and successors in interest and 23 subsidiaries involved in the sale, mining, milling, 24 distribution, import, transport, installation, or manufacture of 25 asbestos or asbestos-containing products. 26 17. All organization charts or other such documents from 27 1936 to the present date which detail lines of authority within 28 your company, to include all alleged prBdc -z~: ::\cbcsaJT7!l.XGwciiepo 5 PLTF 0562 1 in interest and subsidiaries involved in the sale, mining, 2 milling, distribution, import, transport, installation, or 3 manufacture of asbestos or asbestos-containing products. 4 18. All copies of Asbestos Magazine in your possession. 5 19. Examples of all warning labels placed on the' 6 containers and/or packages and/or bags of asbestos or asbestos- 7 containing products which dealt with exposure to asbestos, to 8 include those of all of your alleged predecessors and successors 9 in interest. 1 20. All internal memoranda, papers, minutes, or other such 11 documents which relate to your decision to label asbestos or any ! 12 asbestos-containing products with a warning relative to asbestos 1 13 exposure. ; 14 21. Each and every set of interrogatories, and answers 15 thereto, served on you by each and every plaintiff both in 16 actions pending or which have been dismissed, alleging asbestos- 17 related disease or injury resulting from exposure within the 18 State of California to your asbestos products. (If multiple 19 plaintiffs have served identical interrogatories, you need only 20 produce an exemplar set of questions and answers.) 21 22. All writings concerning any studies, analyses or 22 estimates of the quantity of asbestos or asbestos-containing 23 products sold, manufactured, mined, milled, processed, 24 distributed, transported, imported, shipped, marketed or stored 25 by you or by any subsidiary or division, or alleged predecessor 26 or successor in interest to you, in the United States, or for 27 use within the United States, between 1936 and the present. 28 23. All documents, writings, memoranda and/: / c* \cacrtij T71*JCCrvzicro _dc*4 O PLTF 0563 1 correspondence concerning any oral or written contact between 2 you and Dr. Irving Selikoff about the potential health hazards 3 of asbestos. 4 24. Any and all corporate minutes, books for KAISER GYPSUM 5 COMPANY, INC., and any and all of its predecessors in interest 6 for the years 1936 to 1991, inclusive. 7 25. Any and all documents identified, or referenced in 8 KAISER GYPSUM COMPANY, INC.'s answers to General Order No. 29 9 Interrogatories. 10 The witness will be required to testify regarding his/her 11 knowledge of facts and other matters related to the above- 12 captioned matters including, but not limited to, COY COSSEY's 13 and DONALD WEIMER's exposure to asbestos and asbetos-containing 14 products and those matters referenced above. 15 Dajted: ________17 I 3 _____________ BRAYTON, GISVOLD & HARLEY 16 17 ' 18 By; J ^~ Francine S. Curtis Attorneys for Plaintiffs 19 20 21 22 23 24 25 26 27 2S c: w: taouxj371 lXG^'cacpo oo*4 7 PLTF 0564 PROOF OF SERVICE I, Candace L Jordan, do hereby declare and state: I am employed in the City of Novato, County of Marin, California. I am over the age of 18 years and not a party to the within action. My business address is 881 Grant Avenue, Novato, CA 94945. On pj/Tbil' !, I served the within: / l^b 7bs.L V x-/ , -r 7 ir zr^r. ------- on the parties in this action, by placing a true copy thereof in a sealed envelope, and each envelope addressed as follows: Berry & Berry Station D P.O. Box 70250 Oakland, CA 94612-0250 SEE ATTACHED LIST Ltr ('iBy Mail Service) I am readily familiar with the business practice at my place of business for collection and processing.of correspondence for delivery by mail. _ Correspondence so collected and processed is deposited with the United States Postal Service on the same day in the ordinary course of business. On the above date the said envelope was collected for the United States Postal Service following ordinary business practices. O (By Telecopier) I caused each such document to be Telefaxed by telecopier to the offices of each addressee above. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this /7~ day of ., 1992.at Novato, California. Candace L'jofdan PLTF 0565 SUN DATE: 04/17/92 CLIENT: ___________________ 3SATTCN, GISVCLD S HASLET LITIGATION SUPPCST STSTEH SERVICE LIST PAGE: REPORT NO: 62 *MSrsONG WORLD industries Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 CERTAIN-TEED CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 OEE ENGINEERING COMPANY Walsuorth, Franklin i Bevins 580 California St., Ste. 1335 San Francises, CA 94104 (415)781-7072 (415)391-6258 FLEXITALLIC, INC. Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 <510)446- GAF CORPORATION Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 KAISER CEMENT CORPORATION Kincaid, Gianunzio P.O. Box 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 KAISER GYPSUM COMPANY, INC. Kincaid, Gianunzio P.0. Box 1828 200 Webster Street Oakland, CA 94604-0828 (510)465-5212 (510)465-0362 NATIONAL GYPSUM./CO10 BCNO Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)446- P022I, INC. lynch, loofbourrow, et al. 50 Francisco St., Ste. 400 San Francisco, CA 94133 (415)397-2800 (415)397-0937 QUIGLEY COMPANY, INC. Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 TURNER i NEWALL/KEAS3EY ( KADI Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 1700 Oakland, CA 94612 (510)444-4646 (510)446-1946 UNITED STATES GYPSUM COMPANY Knox, Ricksen, et al. Rupert Ricksen, Esq. 1999 Harrison St., Ste. 17 Oakland, CA 94612 (510)444-4646 (510)446- WESTERN AS3ESTCS/HACARTHUR CO. Hardin, Cook, et al. Lake Kerritt Plaza 1999 Harrison Street Oakland, CA 94612 910)444-3131 (510)839-7940 U.S. MINERAL PRODUCTS COMPANY Long i levit 101 California St., Ste. 2300 San Francisco, CA 94111 '415)397-2222 (415)397-6392 UNION CARBIDE CORPORATION Knox, Ricksen, et al. ' RIVERSIOE CEMENT COMPANY Rupert Ricksen, Esq. liebman, Reiner, e; al. 1999 Harrison St., Ste. 1700 3255 Wilshire Blvd., 12tn F Oakland, CA 94612 Los Angeles, CA 90010 (510)444-4646 (510)446-1946 (213)387-0777 (213)383-6' END OF REPORTt* PLTF 0566 0Cn**.3 " 'HOA`C jC** GAwClE 9A(niCK . *acan m-C^aEs. a *_** Sha*h m *HRf>v6 ./O*** * /an ag 06i. .* /fiU-'AM * S-SSEC. MAPitTN z SsEGeu TOnt Z hOm DEATHS 3 *Cl..?0 QENniS u >OUNC EOyaROE hawiev M 0**'0 osan;is OaniEl l GEES JfiAN CURT'S **606*10* GAtT GahEl < vasu*ax G*v`0 , UEUSSO KEI.V' * *Mc<Nr OV>6N i 3AYL.S ly<ca a 6oiCh Ra<A 'E: SaPE'm * UMiPEG jSNtf?3l. KlMSAi.--AM6S * COCwAN RACHg*. J A&A CU* A SRVANir 6UZAS6TM J UEXAI* L*SA 3 <U7Xhman RANQOl.0** STEvEnSC* *0*a T-C toAW OPriCHS OP KINCAID. GIANUN2IO, CAUDLE & HUBERT /'C"C . 5 **'.*. C GABO* . 5 -s.H=* SbC7 3 -VCSCN "oc"-a- miC-a5. >s? *._S a aCfSSC*AU C0OC**'On 200 .VEBSTE^ ST^EEOAKLAND. CALIFORNIA 94607 fE-.E^CNe ;5*0) 465-52J2 TE.ECCP-ea \Si0> 465-0562 S`i a *ACAMA5~I sGatapo G .C3E*mn 3far* - 2C*-ft8CPGEr> STS*?** ucOCnaw0 ThCmaS a JT.G SCCt? a 3Qv MAAjCR'E J Hg.SftlCH PCGc* * M'LcS MThAvs 0 CGx GE-6 3 EaCPET *. iAae?- &a*9u sut-'VAN OOha^G a SChOO*yOv* ANC"S** a -00006 jaCa Z -EnninG 063CPah * 3.O*EaU0 PatsiCE L GOcGmah S wt**h aP*.*tCn uoh>CA * -Ou'/GOutST AMY Z pipSChkPO* juG-Th ahh Pm6*T0n P*ol , GaajSa Et'iA m aOC`Go65 CPs 30 ;C**sN 0*ah j Oor*GH ma,(.,nG AC0*6SS P 0 Box ?829 Oaxiana. CA 94604-0623 May 1, 1992 50C V`;"3C o Ypiiev -cao Su>e 40C Watnut C'ee*. California 9*596 6ts9**0'<E 'StOI 920 S"' TE-EGCP'E (50) 930-924-; HAND SERVED Alan Brayton, Esq. BRAYTON, GISVOLD & 999 Grant Avenue P.O. Box 2109 Novato, California HARLEY 94947 Re: Coy Cossey, et al. v. Abex Corp. efc al. SFS.C #920148 Lynn Weimer, et al. v. Abex Corp. et al. SFSC #914594 Dear Mr. Brayton: Following up on our phone conversation of April 28, this letter is in response to the Notices of Taking Deposition and Request for Production that were served on Kaiser Cement Corporation and Kaiser Gypsum Co., Inc. on or about April 17, 1992. These depositions are scheduled to go forward on May 5, 1992 for Kaiser Cement and May 6, 1992 for Kaiser Gypsum. " Please accept this letter as Kaiser Cement's and Kaiser Gypsum's objections to the deposition notices' Accordingly, we will not be producing any Custodian of Records or "Person Most Knowledgeable" on May 5 or May 6. Each of the categories of documents requested (which are identical for each notice) are overbroad in that they bear no reasonable relationship to the years of employment or jobsites involved in each case. Each category of documents requested are also overbroad and irrelevant to the extent that they do not bear any relationship to products identified by either plaintiff in their depositions or answers to interrogatories. T PLTF 0567 hand served Alan Brayton, May 1, 1992 Page 2 Esq. Each category of documents requested are unduly burdensome because they require, without qualification, Kaiser Cement and Kaiser Gypsum to search through decades of documents, indeed, millions of pieces of paper, to discern documents that are responsive to these requests. The category of documents requested of Kaiser Cement is particularly burdensome and oppressive, arid constitute harassment since neither plaintiff has claimed exposure to any Kaiser Cement asbestos-containing product. Furthermore, as you know, several of your attorneys and paralegals spent many weeks at our offices in 1986 looking through the very same kinds of documents you are requesting in these notices. It is common knowledge that the documents you reviewed have been summarized on some sort of data base, which has been shared, sold, or otherwise made available to other firms representing plaintiffs. Thus, Jto the extent you have already had discovery of these documents, your requests are unduly burdensome, oppressive, and constitute harassment. . Your decision to request these documents under individual case captions is further evidence of the burdensome, oppressive and harassing nature of these requests in that it subjects Kaiser Cement and Kaiser Gypsum to endless requests for these documents, simply by requesting these same documents under different individual cases. This letter should not be taken as an indication that Kaiser Cement and Kaiser Gypsum will not, under any circumstances, produce documents responsive to these requests. Perhaps we could discuss the possibility of having these requests noticed under the "Complex Asbestos Litigation" caption in San Francisco, Alameda and Solano counties. We would need a reasonable amount of time to search our documents for those responsive to your requests. In keeping with the theme of prohibiting repetitive discovery which has prevailed in complex asbestos litigation Kaiser Cement's and Kaiser Gypsum's production of documents responsive to these requests, should be on a one time basis. PLTF 0568 HAND SERVED Alan Brayton, May 1, 1992 Page 3 Esq. Please contact me about working out some arrangement along the lines I suggested above. We stand ready to meet and confer regarding the issues raised by your requests and our response. Very truly yours, KINCAID, GIANUNZIO, CAUDLE & HUBERT EEH/bad # J-53bc'eh\brayTon4.29 PLTF 0569 PROOF OF SERVICE BY HAND VIA MESSENGER I, the undersigned, declare: I am employed in the City of Oakland, County of Alameda, State of California; that I am over the age of 5 eighteen years and not a party to the within cause; my business address is 200 Webster Street, Suite 200, Oakland, 6 California 94607-3789. 7 That on May 1, 1992. I caused a true and 8 correct copy of the within: 9 10 Letter Entitled: 11 : Coy Cossey, et al. v. Abex Corp. et al. SFSC #920148 12 Lvnn Weimer, et al. v. Abex Corp, et al. SFSC #914594 13 to be delivered, via messenger to the party listed below U oy hand delivery. 15 16 Alan Brayton, Esq. BRAYTON, GISVOLD & HARLEY 17 999 Grant Avenue P.O. Box 2109 18 Novato, California 94947 ' 19 I declare under penalty of perjury under the 20 laws of the State of California that the foregoing is true 21 and correct. _L Jd22 Executed at Oakland, California this day 23 of Mav 1992 24 25 26 27 28 rr PLTF 0570 a s *uoa-. Boc ui UxJ Ua21 a v o E bi <> 3ouzU < d< hi oS -I-J >- . o u .J <Vu uz _1 id < b. < <a ? <in < v-t o u -J Z Z Ui << o u. <-Jt XD< <ai-<r i< z< ov) < o o frvj PLTF 0571 c. Have there been any changes in operation that might affect workers' personal exposures to this substance? Explain your answer. Yes No d. Has any further evaluation of this facility for exposure to asbestos occurred since the last NIOSH survey was accomplished? If yes, who conducted evaluation and when was it completed. Yes __________ No By whom . When e. Axe you interested in having a NIOSH re-evaluation for employee exposure to asbestos? Yes __________ No ________ . If "Yes", identify a point of contact and provide telephone . number. Name __; Address _________________________ Telephone# 3. ANY OTHER COMMENTS YOU HAY HAVE Return Questionnaire in envelope provided to: Hazard Evaluations and Technical Assistance Branch National Institute for Occupational Safety and Health 4676 Columbia Parkway * Cincinnati, Ohio 4S226 2- - ^i P I !' W III mmm.rnw ! PLTF 0572