Document rBERzenm9gae0bKz8oGQ3ORgG

FILE NAME: US Gypsum (USG) DATE: 1984 DOC#: USG012 DOCUMENT DESCRIPTION: 1984 Legal - Partial Transcript of Motion Proceedings V Wv, . 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF SOUTH CAROLINA - GREENVILLE DIVISION 3 GREENVILLE COUNTY SCHOOL DliTRICT, ) JOHN W. WILLIAMS. CLERK. U.S. DISTRICT COURT. 4 PLAINTIFF, " )) CIVIL ACTION NO. 82-3142rl4 5 VS. ) ) 6 U. S. GYPSUM CO., ET AL., 7 DEFENDANTS, ) ) UNITED STATES COURTHOUSE, ) COLUMBIA, SOUTH CAROLINA! } MONDAY, JANUARY 9, 1984 ' 8 2:15 P.M. - 2:40 P.m . 9 SPARTANBURG COUNTY SCHOOL DIST SEVEN, 10 11 PLAINTIFF, CIVIL ACTION NO. 83-1744--14 VS. 12 NATIONAL GYPSUiM!*yCO., ET AL., 13 jPiTorpnnET 14 DEFENDANTS. IS iiLtMQru 16 PARTIAL TRANSCRIPT OF MOTION PROCEEDINGS \ FFH id. 1!184 j d ge-- 1 17 18 TRANSCRIPT ORDERED BY: 19 PATRICK MICHAEL DUFFY, ESQ. 20 rOP, 'THE PLAINTIFFS 21 22 rOR THE DEFENDANTS 23 24 JNI TED STATES GYPSUM CO, 25 D A N IEL A . SPEIG HTS, ESQ. ANN KIM M EL, ESQ. 304 LEE AVENUE HAMPTON, SOUTH CAROLINA I ROBINSON, MCFADDEN, MOORE, POPE, W IL L IA M S , TAYLOR BRAILSFORD B Y: W IL L IA M L. POPE, ESQ. FRANK R. ELLERBE, I I I , ESQ. OP. EX. HO. " V P H IL L IP W. LOTER SCf 'n - iL - rb GF-FICIAL REPORTER TAB (PROCEEDINGS RESUMED AT 2 :1 5 P . M . ) - r -' ' '! - ' (J*HE COURT: W E LL/ I HAVE CONSIDERED THESE TH IN G S. I PLACE A L L THE P A R T IE S ON NOTICE THAT T H IS ORDER IS BEING ISSUED W ITH THE COURT'S FULL UNDERSTANDING AND IN T E N TIO N TO APPLY RULE 3 7 ( 6 X 2 X 0 TO ANY OFFENDING PARTY OF TH IS ORDER, WHICH W IL L INCLUDE THE COURT ENTERING A DEFAULT JUDGMENT OR D IS M IS S IN G THE ACTION AGAINST THE OFFENDING PARTY. THERE MUST BE A T IM E WHERE THESE MATTERS ARE L A ID TO REST AND YOU GET ON TO NEW BUSINESS AND THE BUSINESS OF RESOLVING TH IS CONTROVERSY. A L L THE DEFENDANTS SHALL ANSWER W IT H IN 30 DAYS. I MIGHT ADD THAT THE COURT IS GOING TO REVIEW THE RESPONDING ANSWERS W ITH IT S INTERPRETATIO N OF GOOD F A IT H , REASONABLE i COMPLY, AND W IL L NOT DEAL NOR ALLOW J U S T IF IC A T IO N EFFORT TO TO BE BASED ON SEMANTICS. A L L DEFENDANTS SHALL ANSWER T H IS INTERROGATORY THAT THE COURT. PROPOUNDS, WHICH IS PERHAPS A COMBINATION OF NUMBERS THAT jHAVE-ALREADY BEEN PROPOUNDED. THE DATE THAT THE COMPANY OR iI ' i IT S OFFICERS OR IT S AGENTS OR IT S EMPLOYEES, TO THE BEST OF 'T H A T COMPANY' SA B IL I T Y , MUST STATE THE DATE THAT THESE ' IN D IV ID U A L S RECEIVED INFO RM ATIO N, W RITTEN OR ORAL, F IR S T BECAME AWARE O F, F IR S T BECAME SUSPIC IO U S OF THE FACT THAT ASBESTOS ! i i MAY BE A HARMFUL SUBSTANCE, AND A LL S IM ILA R ^ IN FORMAT ION SINCE THAT F IR S T DATE. .. ' i THIS INCLUDES INFORMATION A C Q U I R E D INDIVIDUALLY BY THE I * ' ' 1 COMPANY, IT S O FFIC ER S , AGENTS, EMPLOYEES, AND INFORMATION THAT , - r. - - / ! ^ , 2 WAS GENERALLY KNOWN IN THE INDUSTRY. AND IT ALSO INCLUDES ANY 3 FACTS, ANY DATA, ANY REPORTS, ANY O PIN IO N S WHICH TEND TO SUPPORT 4 THE B E L IE F THAT ASBESTOS IS A HARMFUL PRODUCT TO H E A L T H . J 5 FURTHER, THE DEFENDANTS SHALL ANSWER W IT H IN 30 DAYS 6 PORTIONS OF THE SUGGESTED INTERROGATORY SUBMITTED BY THE 7 P L A IN T IF F , WHICH I W IL L F IL E THE O R IG IN A L W ITH THE COURT AND 8 I T W IL L BE M AIN TAIN ED AS A RECORD OF T H IS COURT. COPIES SHALL 9 BE MADE A V A IL A B L E TO THE DEFENDANTS' ATTORNEYS. AND T H IS 10 INTERROGATORY ON T H IS PAGE, I HAVE STRUCK THROUGH THOSE ITEMS 11 rfHICH IT IS NOT A REQUIREMENT TO T H IS ORDER TO BE ANSWERED. 12 A L L OF THESE QUESTIONS AND IT S SUB TYPE SHALL BE ANSWERED 13 EXCEPT QUESTION OR SECTION NUMBER j *M *, NUMBER ' N ' , NUMBER ' O ' , 14 THE PORTION OF SECTION ' Q ' WHICH STATES "THE BRAND NAME OF THE . IS REPLACEMENTPRODUCT"; SECTION 'R 'ANDSECTION 'S' . 1 I i 16 IN EFFECT, WHAT T H IS DOES, BECAUSE OF T H IS GREAT FEAR THAT 17 rHE .BRAND NAME NOT BE DISC LO SED, ALTHOUGH SOME NAMES HAVE ! 18 ALREADY BEEN DISCLOSED, I S T IL L B E L IE V E AND DO B E L IE V E THAT 19 rHE P L A IN T IF F , IF THESE QUESTIONS ARE ANSWERED, W IL L HAVE THE 20 INFORMATION NECESSARY TO IN V E S T IG A T E THE RESPONSE TO THE F IR S T ' I 21 INTERROGATORY THAT IHAVED IC TATED INTO THERECORD. ' 22 THE QUESTION, SECTION ' A ' , DEALS WITH THE TYPE OF PRODUCT] 23 ^ND IF IT IS ACOUSTICAL PLAS TER , ACOUSTICAL PLASTER SHOULD j 24 3E L IS T E D . THE DATE THAT T H IS PARTICULAR ACOUSTICAL PLASTER ! 25 4AS PRODUCED. THE LAST DATE I T WAS PRODUCED. SO FORTH. THE !