Document rxn1X8d5KDbZ3K5vaR6956vk7

| PLAINTIFF'S I I Xlllllll NO. tj 101111)1 NIII ICATION life2 iffinI' 1 3 4 5 6 SUPERIOR COUR T OF WASHINGTON FOR KING COUNTY 7 DONALD NOLL and CANDACE NOLL, 8 husband and wife, 9 Plaintiffs, 10 v. 11 UNION CARBIDE CORPORATION, et al., No. 13-2-06781-1 SEA J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION 12 Defendants. 13 Defendant, J-M Manufacturing Company, Inc. (hereafter "JMM" or "Defendant"), 14j hereby responds to Plaintiffs' Requests for Production (hereafter "Requests for Production") 15 propounded by Plaintiffs Donald and Candace Noll (hereafter "Plaintiffs"), as follows: 16 PRELIMINARY STATEMENT 17 JMM last sold asbestos-containing cement pipe ("A/C pipe") over two decades ago. 18 Since that time, the company has relocated and most of the individuals involved with the sale of 19 A/C pipe are no longer employed with the company. Further, many of the documents relating to 20 A/C pipe no longer exist. As a result, collecting the detailed information requested in these 21 Requests for Production requires the company to rely on the best recollections of those witnesses 22 with personal knowledge who are still available and the historical documents that still exist. The 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 1 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 responses herein are made after reasonable search and investigation. However, JMM's 2 investigation of the facts relating to this case and its discovery in this action are ongoing. Kurt her 3 discovery, independent investigation, legal research and analysis may supply additional facts, 4 add meaning to known facts, and establish new factual conclusions and legal contentions, all of 5 which may lead to additions, changes and or variations from the present response. Therefore, 6 these responses are made without prejudice to JMM's right to rely upon facts, documents, 7 witnesses or other information discovered or developed after the date of these responses. The 8 responses are based on information and belief of the person verifying the response. 9 The responses contained herein arc made in a good faith effort to supply as much factual 10 information and as much specification of legal contentions as is presently known, but shall in no 11 way lead to the prejudice of JMM in relation to further discovery, research, or analysis. 12 GENERAL OBJECTIONS 13 1. JMM objects to Plaintiffs' Requests for Production to the extent that Plaintiffs 14 have sought to impose upon JMM duties and obligations in excess of those expressly set forth in 15 the Washington Code of Civil Procedure. 16 2. JMM objects to Plaintiffs' Requests for Production on the grounds they contain 17 sub-parts, are compound, are conjunctive, are disjunctive, are not full and complete in and of 18 themselves, contain unauthorized definitions and instructions, and are otherwise violative of the 19 rules of civil procedure of Washington. 20 3. JMM also objects to Plaintiffs' Requests for Production in that they are vague, 21 ambiguous, overbroad and excessively burdensome. 22 4. Further, although JMM has made a good faith effort to respond to the requests to 23 which it has not objected, in making such response, JMM does not purport to have adopted or J-M MANUFACTURING COMPANY, rNC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 2 4213720.1 Williams, Kastner & Gibbs PLLC 601 Un'on Street- Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 ! 1 applied any definitions set forth at the outset of or at places in Plaintiffs' Requests for 2 Production, nor has JMM assumed the improper, unproved, and hypothetical facts proffered hy 3 Plaintiffs. Additionally, JMM has not accepted the terminology or substance of Plaintiffs' 4 claims incorporated in, implied in, or alluded to within Plaintiffs' requests. 5 5. The response made herein is made without in any way waiving or intending to 6 waive, but on the contrary expressly reserving: the right to object on the grounds of competency, 7 privilege, relevancy, and materiality, or any other proper ground, to the use of such information, 8 for any purpose, in whole or in part, in any subsequent proceeding in this action, or any other 9 action; and the right to object on any grounds at any time, to any other discovery procedure 10 involving or relating to the subject matter of this request. 11 6. JMM further objects to Plaintiffs' Requests for Production on the grounds and to 12 the extent that said requests seek information protected by the attorney-client privilege, the 13 attorney work-product privilege and any and all additional protections and privileges pursuant to 14 Washington case and statutory law. 15 7. JMM objects to Plaintiffs' Requests for Production to the extent they are not 16 limited in scope to the specific product or products to which Plaintiff was allegedly exposed. 17 These general objections are applicable to JMM's response herein, whether or not 18 specifically stated in such response and are hereby incorporated into such response by this 19 reference. 20 OBJECTIONS AND RESPONSES TO REQUESTS FOR PRODUCTION 21 REQUEST FOR PRODUCTION NO. 1: 22 Any and all writings or documents of any nature whatsoever disseminated by this Defendant, any predecessor or related companies to its employees, contractors, subcontractors, 23 unions and their workers, relating, referring, reflecting or concerning any warnings, cautions, J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 3 v 4213720.1 Williams, Kastner & Gibbs PLLC V<>01 V"'0" S,treet' Su't* 00 Seattle, Washington 98101-2380 (206) 628-6600 1 recommendations, guidance, instructions or proposals concerning, relating, reflecting, or referring to the use, application, installation, storage, or removal or any asbestos or asbestos- 2 containing product. 3 RESPONSE: 4 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 5 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 6 calculated to lead to the discovery of admissible evidence. .IMM further objects to this request to the extent that it seeks documents or information that are protected by (lie 7 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that copies of warnings and cautions on JMM 8 products identified in response to Interrogatory No. 20 arc already in Plaintiffs' counsel's possession. 9 REQUEST FOR PRODUCTION NO. 2: 10 Any and all' writings or documents of any nature whatsoever reflecting, referring, 11 concerning or relating to any meetings of any health and safety committee, industrial hygiene committee, risk evaluation committee or any other safety or health-related committee within the 12 organization of this Defendant, any predecessor or related companies, wherein asbestos and/or the potential health effects of asbestos were discussed, referred to, related or any way spoken 13 about. 14 RESPONSE: 15 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 16 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 17 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 18 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel are already in 19 possession of documents responsive to this request. 20 REQUEST FOR PRODUCTION NO. 3: 21 Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to asbestos and/or the potential health effects of asbestos authored by any 22 officer, director, employee, agent, or consultant of this Defendant, any predecessor or related company. 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 4 4213720.1 Williams, Kastner & Gibbs PLLC 601 Un,on Street- Su,te 4100 Seattle, Washington 98101-2380 (206) 628-6600 ] RESPONSE: 2 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 3 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 4 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 5 attorney client privilege, work product doctrine or arc otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel arc already in 6 possession of documents responsive to this request. 7 REQUEST FOR PRODUCTION NO. 4: 8 Any and all writings or documents of any nature whatsoever in the possession of this Defendant, any predecessor or related company referring, reflecting, concerning or relating to 9 asbestos and/or the potential health effects of asbestos, regardless of whether the author or authors were employees, agents, officers, directors or consultants of the Defendant, any 10 predecessor or related companies. 11 RESPONSE: 12 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 13 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 14 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 15 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel are already in 16 possession of documents responsive to this request. 17 REQUEST FOR PRODUCTION NO. 5: 18 Any and all writings or documents of any nature whatsoever, including but not limited to, any dust studies, industrial hygiene survey and/or test results, guidelines for conducting dust 19 studies and/or industrial hygiene surveys or tests, studies and/or reports which refer, reflect, concern, or relate to any dust or particulate matter suspended in any breathable atmosphere at 20 any of the Defendant's plants or work sites, or any other location where asbestos, vermiculite, asbestos-containing products, or vermiculite containing products were being added, applied, 21 installed, stored, or removed. 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 5 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 RESPONSE: JMM incorporates herein its Preliminary Statement anil General Objections anil further objects to this request on the following specific {'rounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this ease, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, .JMM refers Plaintiffs to its response and objections to Interrogatory No. 13, which are incorporated herein by reference. By way of further response, JMM states that Plaintiffs' counsel are already in possession of documents responsive to this request. REQUEST FOR PRODUCTION NO. 6: Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to in any way the effects of the absorption or inhalation of asbestos dust and/or airborne asbestos particles on humans and/or animals in the possession of this Defendant, any predecessor or related companies, or which this Defendant, any predecessor or related companies ever received, conducted, participated in or funded in whole or part. RESPONSE; JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that arc protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM refers Plaintiffs to its response and objections to Interrogatory No. 13, which are incorporated herein by reference. By way of further response, JMM states that Plaintiffs' counsel are already in possession of documents responsive to this request. REQUEST FOR PRODUCTION NO. 7: Any and all writings or documents of any nature whatsoever reflecting any claim or claims made against this Defendant, any predecessor or related companies, wherein it was alleged that any individual sustained an injury, impairment, disease or death caused by exposure to asbestos, including, but not limited to, all lawsuits or worker compensation claims filed against this Defendant, any predecessor company or related companies, as identified in response to Interrogatory No. 27. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 6 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that arc protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, .IMM states that Plaintiffs* counsel are already in possession of documents responsive to this request. REQUEST FOR PRODUCTION NO. 8: Any and all writings of any nature whatsoever sent to or received from any of the Defendant's insurance carriers and/or the carriers of (he Defendant's predecessor or related companies, referring, reflecting, concerning or relating to any way the health effects of the absorption or inhalation of asbestos dust or asbestos particles suspended in the air, including but not limited to the health effects of the absorption or inhalation of asbestos dust and/or asbestos particles suspended in the air on employees of the Defendant, any predecessor or related companies, while working with or around asbestos or asbestos-containing products, and the health effects of the inhalation of asbestos dust and/or asbestos fibers suspended in the air by employees of contractors or subcontractors of the Defendants, any predecessor or related companies, while working with or around asbestos or asbestos-containing products. RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. REQUEST FOR PRODUCTION NO. 9: Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to any way the dollar amount spent annually on research generally and medical research specifically since 1930 by this Defendant, any predecessor or related companies. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 7 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 I RESPONSE: 2 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 3 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this ease, and seeks documents and information that arc not relevant or reasonably 4 ! calculated to lead to the discovery of admissible evidence. .IMM further objects to this request to the extent that it seeks documents or information that are protected by the 5 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, .JMIVI states that Plaintiffs' counsel are already in 6 possession of documents responsive to this request. 7 REQUEST FOR PRODUCTION NO. 10: 8 Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to any way the employment since 1930 of any industrial hygienist, 9 toxicologist or other persons in similar positions by this Defendant, any predecessor or related companies. Specifically included within the scope of this request arc any and all writings or 10 documents of any nature whatsoever for any individuals or entities employed in the positions identified above, whether it be in a traditional employee-employer relationship or that of an 11 independent contractor. 12 RESPONSE: 13 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 14 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 15 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 16 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel are already in 17 possession of documents responsive to this request. 18 REQUEST FOR PRODUCTION NO. 11: 19 A bibliography of any and all material contained in any and all libraries or other information depositories of this Defendant, any predecessor or related companies, referring, 20 reflecting, concerning or relating to in any way whatsoever to asbestos, asbestos-containing products, the health effects of the absorption or inhalation of asbestos by humans or animals 21 and/or the application, removal, installation and disposal of asbestos and/or asbestos-containing products. 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 8 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 RESPONSE: 2 JMM incorporates herein its Preliminary Statement and Gcucnd Objections and further objects to this request on the following, specific grounds: the request is vague, 3 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 4 calculated to lead to the discovery of admissible evidence. .IMM further objects to this request to the extent that it seeks documents or information that are protected by the 5 attorney client privilege, work product doctrine or arc otherwise protected and to the extent that it would necessitate the preparation of a compilation, abstract, audit or 6 summary of or from documents or information decades old. Subject to and without waiving any objections, .IMM is not aware of any such documents responsive to this 7 request. 8 REQUEST FOR PRODUCTION NO. 12: 9 Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to in any way whatsoever to any instructions, advice, suggestions, 10 warnings, guidance, notification, training or education on any health effects on humans or animals of the absorption or inhalation of asbestos fibers, or other dusts in the possession of the 11 Defendant, regardless of whether the writings or documents were authored by employees and/or consultants of the Defendant, provided to it by any of the companies from which it purchased or 12: obtained asbestos or asbestos-containing products, or from any or other source whatsoever, including but not limited to, trade associations, manufacturing associations, or other professional 13 entities or organizations. 14 RESPONSE: 15 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 16 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 17 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 18 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that copies of warnings and cautions on JMM 19 products identified in Interrogatory No. 20 are already in Plaintiffs' counsel's possession. 20 REQUEST FOR PRODUCTION NO. 13: 21 Any and all writings or documents of any nature whatsoever which refer, reflect, concern, or relate to in any way any seminars, symposiums, any meetings of any trade organizations, 22 associations, or other professional entities attended by any officers, directors, employees, agents or consultants of the Defendant, any predecessor or related companies, wherein asbestos, 23 asbestos-containing products, or the health effects of the absorption and/or inhalation of asbestos J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION -9 4213720.1 Williams, Kastner & Gibbs PLLC 601 Unio" Strect- Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 libers or other dusts on humans and/or animals was discussed, referred to, related to or concerned in any way. Specifically included within the scope of this request are any minutes of 2 any such meetings, committees or sub committees ol any trade organizations, associations or other professional entities or organizations. 3 RESPONSE: 4 JMM incorporates herein its Preliminary Statement and General Objections and 5 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 6 of this ease, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. .IM1V1 further objects to this 7 request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and 8 without waiving any objections, JMM states that Plaintiffs' counsel are already in possession of documents responsive to this request. 9 REQUEST FOR PRODUCTION NO. 14: 10 Any and all writings or documents of any nature whatsoever in the possession of this 11 Defendant, any predecessor or related companies, which refer, reflect, concern or relate to in any way the performance of dust respirators against fibrous dust. 12 RESPONSE: 13 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 14 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 15 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 16 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM refers Plaintiffs to its response and objections to 17 Interrogatory No. 13, which are incorporated herein by reference. 18 REQUEST FOR PRODUCTION NO. 15: 19 Any and all writings or documents of any nature whatsoever in the possession of this Defendant, any predecessor or related companies, which refer, reflect, concern or relate to in any 20 way to any dust level counts, air sample reports or industrial hygiene surveys performed or conducted during the application, installation, or removal of any asbestos-containing and/or 21 vermiculite-containing products. 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 10 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street- Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 RESPONSE: JMM incorporates herein its Preliminary Statement ami General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. .IMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, .IMM refers Plaintiffs to its response and objections to Interrogatory No. 13, which are incorporated herein by reference. REQUEST FOR PRODUCTION NO. 16: Any and all writings or documents of any nature whatsoever referring, reflecting, concerning, or relating to in any way the subject of worker's safety including but not limited to, any safety manuals, employee handbooks, safety rules and instructions, or any writings or documents of a similar nature in the possession of this Defendant, any predecessor or related companies from 1930 to date. RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel arc already in possession of documents responsive to this request. REQUEST FOR PRODUCTION NO. 17: Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to in any way whatsoever any health surveillance program conducted by or on behalf of this Defendant, any predecessor or related companies, on its employees. RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 11 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union s,reet- Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 request to the extent that it seeks documents or information dial are protected by (lie attorney client privilege, work product doctrine or arc otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel arc already in possession of documents responsive to this request. REQUEST FOR PKODIK I ION NO. IS: All 10-K forms which this Defendant, including all subsidiaries, divisions, predecessor entities or related companies, has submitted to the securities exchange commission, and all annual stockholder reports for the last ten years. RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information which arc a matter of public record and which, therefore, arc as equally accessible to Plaintiffs as to JMM. REQUEST FOR PRODUCTION NO. 19: Any and all writings or documents of any nature whatsoever referred to, or identified in any answer to the Plaintiffs' interrogatories directed to this Defendant. RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or arc otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel are already in possession of documents responsive to this request. REQUEST FOR PRODUCTION NO. 20: Any and all writings or documents of any nature whatsoever, referring, reflecting, concerning or relating to in any way any policies of insurance, including but not limited to, workers' compensation, medical and/or life insurance, that the Defendants, any predecessor or related companies, carded on its employees during the period from 1940 to the present date. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 12 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 RESPONSE: 2 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 3 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this ease, and seeks documents and information that are not relevant or reasonably 4 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 5 attorney client privilege, work product doctrine or are otherwise protected. 6 REQUEST FOR PRODUCTION NO. 21: 7 Any and all policies of insurance which may provide coverage for this Defendant, any predecessor or related companies, against the claims asserted in Plaintiffs' complaint. 8 RESPONSE: 9 JMM incorporates herein its Preliminary Statement and General Objections and 10 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 11 of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 12 request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or arc otherwise protected. 13 REQUEST FOR PRODUCTION NO. 22: 14 Any and all writings or documents of any nature whatsoever, including but not limited to, 15 any blueprints, schematics, drawings, sketches, insulation specifications, engineering standards or other documents, in the possession of the Defendant, any predecessor or related companies, 16 which refer, reflect, concern or relate to in any way the application, installation, storage or removal, of any asbestos-containing product at any site as identified in response to Interrogatory 17 No. 11. 18 RESPONSE: 19 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this interrogatory on the following specific grounds: the interrogatory is 20 vague, overbroad, overly burdensome, duplicative, lacks foundation and is not reasonably tailored to the facts of this case, seeks information that is not relevant or reasonably 21 calculated to lead to the discovery of admissible evidence. JMM further objects to this interrogatory to the extent that it seeks information that is protected by the attorney client 22 privilege, work product doctrine or is otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel are already in possession of documents 23 responsive to this request. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 13 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 REQUEST FOR PRODUCTION NO. 23: 2 Any and all writings or documents ofany nature whatsoever referring, reflecting, concerning or relating to in any way the use by this Defendant of any other company's name, trademark or logo on 3 any asbestos-containing product sold, distributed, applied, installed or removed by this I )cfemlant. 4 RESPONSE: 5 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 6 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 7 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that arc protected by the 8 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM refers Plaintiffs to its response and objections to 9 Interrogatory No. 10, which are incorporated herein by reference. 10 REQUEST FOR PRODUCTION NO. 24: 11 Any and all writings or documents of any nature whatsoever referring, reflecting, concerning or relating to in any way whether any director, officer, employee, agent or consultant 12 of the Defendant, any predecessor or related company, ever served as an officer, or on a committee or sub-committee of any trade organization, association or professional entity which 13 refers, reflects, concerns or relates to in anyway, the subject of asbestos or the effects of the absorption or inhalation of asbestos fibers or other dusts by humans and/or animals and/or the 14 giving of any warnings, cautions or instructions concerning the use of asbestos and asbestoscontaining products. 15 RESPONSE: 16 JMM incorporates herein its Preliminary Statement and General Objections and 17 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 18 of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 19 request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and 20 without waiving any objections, JMM states that Plaintiffs' counsel are already in possession of documents responsive to this request. 21 REQUEST FOR PRODUCTION NQ. 25: 22 Any writings or documents of any nature whatsoever, including but not limited to, any 23 , minutes, notes, memorandum, or electronic or stenographic recording of any formal or informal J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 14 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Strcet' Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 meetings of any of the officers and/or board of directors of this Defendant, any predecessor or related company, mentioning, referring, reflecting, concerning oi relating to asbestos, 2 vermiculite, asbestos-containing products, or vcimiciilitc-containing products, the health effects of the inhalation of asbestos dust and/or asbestos fibers, on humans and/or animals, and the 3 health effects of the inhalation of any dust. 4 RESPONSE: 5 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 6 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 7 calculated to lead to the discovery of admissible evidence. .IMM further objects to this request to the extent that it seeks documents or information that are protected by the 8 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs' counsel are already in 9 possession of documents responsive to this request. 10 REQUEST FOR PRODUCTION NO. 26: 11 Any and all writings or documents of any nature whatsoever, including, but not limited to, purchase orders, invoices, contracts, shipping records, accounting records, order books, 12 account books, contract books, inventory records, specification standards, engineering standards, or sales ledgers of Defendant, any related company, or any predecessor, which refer, reflect, 13 concern or relate in any way to the sale, distribution, delivery, transfer or shipment of any asbestos-containing products, including but not limited to any asbestos-cement pipe, to Pacific 14 Water Supply Co. within the State of Washington from 1983 through 1986. 15 RESPONSE: 16 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 17 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably 18 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the 19 attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM states that Plaintiffs have presented evidence that 20 Mr. Noll worked with and around AJC pipe supplied by Pacific Water Works Supply Co. located in Seattle, Washington. JMM has conducted a reasonable search and diligent 21 inquiry for records relating to Pacific Waster Works Supply Co. in Seattle, Washington, and has found no documents responsive to this request. 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 15 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 KKOUKST FOR PKODIKHON NO. 27: Any and all writings or documents of any nature whatsoever which refer, reflect, concern or relate in any way to the presence of any manufacturers' representative of the Defendant, any related company or predecessor in any work, meetings, services, or discussions performed, or had by such manufacturers' representative at Pacific Water Supply Co. locations within the State of Washington from 1983 through 1986. RESPONSE: JMM incorporates herein its Preliminary Statement and (General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or arc otherwise protected. Subject to and without waiving any objections, JMM refers Plaintiffs to its response and objections to Request for Production No. 26, which arc incorporated herein by reference. REQUEST FOR PRODUCTION NO. 28: Any and all district overview documents, sales history documents, price comparison sheet documents, detailed sales report documents, and/or other documents which refer, reflect, concern or relate to the sale, distribution, delivery, transfer or shipment of any asbestoscontaining products, including but not limited to any asbestos-cement pipe within the State of Washington from 1983 through 1986. RESPONSE: JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks documents and information that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks documents or information that are protected by the attorney client privilege, work product doctrine or are otherwise protected. Subject to and without waiving any objections, JMM refers Plaintiffs to its response and objections to Request for Production No. 26, which are incorporated herein by reference. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 16 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Slreet> Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 Responses to REQUESTS FOR PRODUCTK >N submitted this to"' day of July, 2013. WILLIAMS, KASTOHR, & (HUBS 1`LLC IOI3568vl Tami Becker Gomez, WSBA Z/42347 Amanda L. Spencer, WSBA //42023 Attorneys for Defendant J-M Manufacturing Company J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 17 4213720.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 VICRIFlCA'nON DONALD NOLL, ct at v. UNION CARBIDE CORPORATION, et at Cause No. l;i 2 067KM 1 have read the foregoing DEFENDANT J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PI^AINTI FES* REQUESTS FOR PRODUCTION and know its contents. I am Special Assistant to the President of J-M MANUFAC TURING COMPANY, INC., da party to this action, and am authorized to make (his verification for and on its behalf, and 1 make this verification for that reason. I am informed and believe and on that ground allege that the matters stated in the foregoing document are true. Executed on this ^ day of 2013, at Los Angeles, California. I declare under penalty of perjury under the laws of the States of California and Washington and that the foregoing is true and correct. Sec, hlcHzvi z^-PicrvA. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND } CALIFORNIA JURAT WITH AFFIANT STATEMENT (iOVI.'HHMfcNl COOK ft imi'J 1^-See Attached Document (Nota<y to cross out linos 1-6 below) O See Statement Below (Lines 1-6 to be completed only by document sig/ioitsl, not Nolaiy) Slyfwture ol Document fjignoi No. 1 State of California County of ^Xo^~ C. C. HERRARTE CooriMm # 2007191 Notary PvtBe. CaBfenit Lot Anpfet Cowty Place Notary Seal Above Sijnalufu (J Document l>i(jnor No. ? (! iiny) Subscribed and sworn to (or allirmed) before me on this * Dale by day of CEf W...... ...., 20 13 . Mixnli Y.v (D. 6aoc/....U/'t > Nnmo ol Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (and . {2LIZIIII1--_________-...... ............ . N;yr ol Signer proved to me on the basis of satisfactory evidence to be the persor^ who appeared before me.) Signature ^7, OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Further Description ot Any Attached Document Title orType of Document 2010 MaScna) Nary Association NationalNotary.wg 5-800-US NOTARY (i-800-878-6827} 1 2 CERTIFICATE OF SERVICE 3 The undersigned certifies under penalty of perjury under the laws of (he Stale of 4 Washington that on the below date, I caused to he served via email, messenger, and/or U.S. Mail, 5 postage pre-paid, a true and correct copy of the foregoing document to the following: 6 Benjamin R. Couture Brian D. Weinstein 7 WEINSTEIN COUTURE PLLC 1001 Fourth Avenue, Suite 4400 8 Seattle, WA 98154 Email: service@weinsteineouture.coin 9 Attorneysfor Plaintiffs 10 Rob Woodward Ryan J. Kiwala SIMMONS BROWDER GIANARIS ANGELIDES & BARNERD LLC One Court Street Alton, IL 62002 Email: rwoQdward@simmonsfirm.com: rkiwala@siminorisfirm.com Co-counselfor Plaintiffs 11 Melissa K. Roeder Polly K. Becker 12 FORSBERG & UMLAUF 901 Fifth Avenue, Suite 1400 13 Seattle, WA 98164 Email: asbestos3@forsberg-umlauf.com: 14 pbecker@forsberg-umIauf.com Attorneyfor American Biltrite, Inc. 15 16 Christopher S. Marks Eliot M. Harris Rachel Tallon Reynolds SEDGWICK, LLP 520 Pike Street, Suite 2200 Seattle, WA 98101 Email: chris.marks@sedgwicklaw.com: eliot.harris@sedgwicklaw.eom: rachel.reynolds@sedgwicklaw.com Attorneysfor CBS Corporation; General Electric Company 17 Diane J. Kero GORDON THOMAS HONEYWELL, LLP 18 600 University Street, Suite 2100 Seattle, WA 98101 19 Email: service@gth-law.com Attorneyfor CertainTeed Corporation; Bird, 20 Inc. Jeanne F. Loftis BULLIVANT HOUSER BAILEY PC 888 SW Fifth Avenue, Suite 300 Portland, OR 97204-2089 Email: asbestos-pdx@bullivant.com Attorneyfor Borneo Products Texas, Inc. 21 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 4213720.1 Mark J. Futile Daniel J. Reising FUCILE & REISING, LLP 800 NW Sixth Avenue, Suite 211 Portland, OR 97209 Email: service@frllp.coin Attorneysfor Ford Motor Company Jim Gidley PERKINS COIE LLP 1120 NW Couch Street, 10th Floor Portland, OR 97209 Email: jgidIey@perkinscoie.com Attorneyfor Honeywell International, Inc. Steven W. Fogg Hugh E. Handeyside CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 Seattle, WA 98154-1051 Email: asbestos@corrcronin.com; sfogg@corrcronin.com; hhandevside@corrcronin.com Attorneysfor Industrial Holdings Corporation J. Michael Mattingly RIZZO MATTINGLY BOSWORTH PC 411 SW Second Avenue, Suite 200 Portland, OR 97204 Email: recordsmanagement@rizzopc.com Attorneysfor Kelly-Moore Paint Company, Inc. Timothy K. Thorson CARNEY BADLEY SPELLMAN, P.S. 701 Fifth Avenue, Suite 3600 Seattle, WA 98104 Email: asbestos@camevlaw.com Attorneyfor Saberhagen Holdings, Inc. Barry N. Mcsher Brian 1). Zcringer SEDGWICK, LLP 520 Pike Street, Suite 2200 Seattle, WA 98101 Email: burry.mesherffisedgwicklaw.com; brian.y.eringer@,scdgwicklaw.com Attorneysfor Georgia-Pacific, LLC Erin P. Fraser PERKINS COIE LLP 1201 3rd Ave Ste 4800 Seattle, WA 98101-3099 Email: HW asbestos SEA@Perkinscoie.com Co-counselfor Honeywell International, Inc. Mark B. Tuvim Kevin J. Craig GORDON & REES, LLP 701 Fifth Avenue, Suite 2130 Seattle, WA 98104 Email: asbestos-sca@gordonrees.com Attorneysfor Ingersoll-Rand Company Marissa A. Alkhazov BETTS PATTERSON MINES 701 Pike Street, Suite 1400 Seattle, WA 98101 Email: malkhazov@,bpmlaw.com; betts-asbestos@bpmlaw.com Attorneyfor Pfizer, Inc. Ronald C. Gardner GARDNER TRABOLSI & ASSOCIATES, PLLC 2200 Sixth Avenue, Suite 600 Seattle, WA 98121 Email: asbestos@gandtlawfirm.com Attorneyfor Simpson Timber Company; Simpson Lumber, LLC J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION - 4213720.1 Jeffrey M. Wolf Amanda L. Spencer WILLIAMS, KASTNER & (JIBES 601 Union Street, Suite 4100 Seattle, WA 98101 Email: wkttasbcstos@williain.skastncr.com AttorneysJor Kaiser Gypsum Company, Inc. Signed at Seattle, Washington this 30Ih day of July, 2013. s/Diane M. Bulis WILLIAMS, KASTNER & GIBBS PLLC 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 Fax: (206)628-6611 Emai 1: dbulis@williamskasliier.com J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS AND RESPONSES TO PLAINTIFFS' REQUESTS FOR PRODUCTION 4213720.1