Document v6ajyR6vDLQ1jqeVVeNxk7gKY

1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 IN AND FOR THE COUNTY OF ALAMEDA 3 000--- --- 4 CLAYTON HOGAN and AMY HOGAN, 5 PI ai nt i f f s , 6 vs . 7 ALCOA, INC., et al., 8 Defendants. 9 / 10 11 12 13 DEPOSITION OF CARMELO SBEZZI 14 15 16 17 18 Taken before DENISE M. LOMBARDO 19 CSR No. 5419 20 October 18, 2006 21 22 23 One Kaiser Plaza, Suite 505 Aiken Oakland, California 94612 24 510/451-1580 Fax 510/451-3797 25 Welch Certified Shorthand Reporters 1 INDEX 2 PAGE 3 EXAMINATION BY MR. BOSL 6 4 5 6 7 8 9 10 EXHIBITS 11 PLAINTIFFS' PAGE 12 A 13 14 Notice of Taking The Deposition of Defendant J. A. Sexauer Manufacturing Co., Inc.'s Person(s) Most Knowledgeable and Custodian(s) of Records 6 15 B 16 17 18 C 19 D 20 Objection of Defendant J. A. Sexauer Company to Plaintiffs' Notice of Deposition of J. A. Sexauer's Person Most Knowledgeable and Custodian of Records and Request to Produce Documents at Deposition Letter dated October 2, 2006 Document entitled "Master Catalog" of J. A. Sexauer 6 6 34 21 E 22 F 23 24 G 25 Catalog, Edition K, of the J. A. Sexauer Manufacturing Co., Inc. Responses to Defendant Garlock, Inc., to General Order No. 29 Interrogatories J. A. Sexauer's First Amended Responses to Plaintiffs' Interrogatories, Set One 56 60 85 2 Aiken & Welch Court Reporters C. Sbezzi 10-18-06 1 EXHIBITS 2 PLAINTIFFS' 3H 4 J . A. Sexauer Manufacturing Co., Inc.'s Response to Plaintiffs' First Set of Dleden Interrogatories 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 PAGE 89 3 Aiken & Welch Court Reporters C. Sbezzl 10-18-06 4 1 DEPOSITION OF CARMELO SBEZZI 2 3 BE IT REMEMBERED, that pursuant to Notice, and on 4 the 18th day of October 2006, commencing at the hour of 5 9:58 a.m., in the offices of Kazan, McClain, Abrams, 6 Fernandez, Lyons, Farrise & Greenwood, 171 - 12th 7 Street, Suite 300, Oakland, California, before me, 8 DENISE M. LOMBARDO, a Certified Shorthand Reporter, 9 personally appeared CARMELO SBEZZI, produced as a 10 witness in said action, and being by me first duly 11 sworn, was thereupon examined as a witness in said 12 cause. 13 14 ---- oOo -- 15 16 JUSTIN B0SL; and GORDON GREENWOOD, Kazan, 17 McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood, 18 171 - 12th Street, Suite 300, Oakland, California 19 94607, appeared on behalf of the Plaintiffs. 20 21 R0HIT A. SABNIS, Burnham & Brown, 1901 Harrison 22 Street, 11th Floor, Oakland, California 94612, appeared 23 on behalf of the Defendant Plant Insulation Company. 24 25 Aiken & Welch Court Reporters C. Sbezzi 10-18-06 5 1 JEFFREY HURWITZ, Hassard, Bonnington LLP, Two 2 Embarcadero Center, Suite 1800, San Francisco, 3 California 94111, appeared on behalf of the Defendants 4 Kaiser Gypsum Company, Inc.; and Sequoia Ventures, Inc. 5 6 JOHN R. WALLACE; and ANA T. PORTILLO, Jackson & 7 Wallace, 55 Francisco Street, Suite 600, San Francisco, 8 California 94133, appeared on behalf of the Defendant 9 J. A. Sexauer Manufacturing Co., Inc. 10 11 D. PAUL BIRD, II, McKenna, Long & Aldridge, One 12 Market Street, San Francisco, California 94105, 13 appeared on behalf of the Defendant D. Zelinsky & Sons, 14 Inc . 15 16 MONICA BANSAL, Walsworth, Franklin, Bevins & 17 McCall, 550 Montgomery Street, 8th Floor, San 18 Francisco, California 94111, appeared on behalf of the 19 Defendant Thomas Dee Engineering Company. 20 21 CHARLES M. McCAGHEY, Ryan, Ryan, Johnson & 22 Deluca, LLP, 80 Fourth Street, Stamford, Connecticut 23 06905, appeared on behalf of the Defendant J. A. 24 Sexauer Manufacturing Co., Inc. 25 Aiken & Welch Court Reporters C. Sbezzi 10-18-06 6 1 CARMELO SBEZZI. 2 sworn as a witness, 3 testified as follows: 4 EXAMINATION BY MR. BOSL: 5 Q. Good morning, Mr. Sbezzi. 6 A. Good morning. 7 Q. I just introduced myself. My name is Justin 8 Bosl, and I represent the Hogan family in this case. 9 Just for the record, I've attached as Exhibits 10 A, B and C respectively the notice of taking J. A. 11 Sexauer's person most knowledgeable and custodian of 12 records, J. A. Sexauer's objections and, C, our October 13 2nd notice of taking the deposition this morning. 14 (Plaintiffs' Exhibits A, B and C 15 marked for Identification.) 16 BY MR. BOSL: 17 Q. Mr. Sbezzi, would you state your full name for 18 the record and spell it, please. 19 A. Carmelo, C-a-r-m-e-1-o, Sbezzi, S-b-e-z-z-i. 20 Q. What is your address? 21 A. Presently, I live at 7792 Guida Drive, West 22 Palm Beach, Florida 33411. I spend a half a year there 23 and a half a year in New York. Do you want my New York 24 address? 25 Q. Please. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 7 1 A. 222 Martling, M-a-r-t-1 -i-n-g, Avenue, 2 Apartment 4P, Tarrytown, 10591. 3 Q. Have you ever been deposed before, sir? 4 A. Yes, I have. 5 Q. How many times? 6 A. Three times. 7 Q. Let's start with the first one. Do you 8 remember when that was? 9 A. The first one back? 10 Q. Yes, the first deposition. 11 A. I believe it was in the late '60s and it had to 12 do with - 13 MR. WALLACE: He just asked when. 14 THE WITNESS: Yes. 15 BY MR. BOSL: 16 Q. What was the nature of that deposition, of the 17 case, I'm sorry, in which the deposition took place? 18 A. Sulfuric acid. 19 Q. It was a personal injury case? 20 A. Personal injury, yes. 21 Q. And were you testifying as a witness or on 22 behalf of a company? I'm sorry. A percipient witness. 23 Did you see it happen, the injury happen? 24 A. No. 25 Q. Were you testifying on behalf of a company? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 8 1 A. Yes. 2 Q. Which company was that? 3 A. J . A. Sexauer . 4 Q. And this was an injury that took place at a 5 Sexauer facility? 6 A. No. 7 Q. As a result of a Sexauer product that they 8 sold? 9 MR. WALLACE: If you know. 10 THE WITNESS: As a result of a Sexauer product. 11 BY MR. BOSL: 12 Q. Do you recall who the plaintiffs' attorneys in 13 that case were? 14 A. No, I don't. 15 Q. How about the second deposition that you did; 16 when was that? 17 A. 1998. 18 Q. What was the nature of that case? 19 A. It was an asbestos-related case. 20 Q. Were you testifying on behalf of a company? 21 A. Yes, sir. 22 Q. Sexauer? 23 A. Yes. 24 Q. Do you recall where that deposition took place? 25 A. I believe at counsel's office in Stamford, Aiken & Welch Court Reporters C. Sbezzi 10-18-06 9 1 Connect 1 cut. 2 Q. Do you recall where the case was pending? 3 A. No, I don't. 4 Q. Were you represented at the deposition by 5 counsel? 6 A. Yes. 7 Q. Do you recall who the plaintiff's attorney was? 8 A. No, I don't. 9 Q. Who was your lawyer there? 10 A. Mr. McCaghey. 11 Q. And then the third deposition, do you recall 12 when that was? 13 A. 2002. 14 Q. Was that also an asbestos case? 15 A. Yes, it was. 16 Q. And you testified on behalf of Sexauer? 17 A. Yes. 18 Q. Were you also represented by Mr. McCaghey at 19 that deposition? 20 A. Yes. 21 Q. Where did that deposition take place? 22 A. West Palm Beach, Florida. 23 Q. Do you recall where that case was pending? 24 A. No, I don ' t. 25 Q. Do you recall who the plaintiff's attorney was Aiken & Welch Court Reporters C. Sbezzi 10-18-06 10 1 in that case? 2 A. No, I don't. 3 Q. It's been a little while since you've been 4 deposed last, so I just want to go over a few basic 5 ground rules for today's deposition. 6 You've been doing very well at letting me 7 finish my questions before you answer, and I would ask 8 that we continue that and I will try and let you finish 9 your answer before I ask the next question. 10 I would also ask that you make sure that all of 11 your answers are verbal. We often use "uh-huh," 12 "uh-uh," shaking our head, nodding our head, and I 13 would ask that you would make sure that all responses 14 are verbal. 15 Do you understand? 16 A. Yes, sir. 17 Q. It's very important that you give your most 18 honest and accurate answers today as you can. Even 19 though this is an informal setting, you understand that 20 this has the full effect as if you were testifying in 21 front of a jury and a judge in a courtroom. 22 Do you understand that? 23 A. Yes, I do. 24 Q. One of the other reasons that it's so important 25 that you give us honest and accurate answers today is Aiken & Welch Court Reporters C. Sbezzi 10-18-06 11 1 that at the end of this deposition, you will be given 2 an opportunity to review the written transcript for any 3 corrections that you need to make, but any corrections 4 that you do make we will be allowed to comment on in 5 front of a jury or a judge if this were to be read into 6 trial, and that could be to your embarrassment. 7 Do you understand that? 8 A. Yes, I do. 9 Q. If you need to take a break at any time, please 10 let me know and we will try and accommodate you. The 11 only thing I would ask is that you answer the question 12 before we take a break. 13 A. Thank you. 14 Q. Have you taken any medications in the last 24 15 hours that you think may affect your testimony today? 16 A. I take medication on a daily basis. 17 MR. WALLACE: That's not his question. Did you 18 understand his question? 19 THE WITNESS: That it will affect my testimony? 20 BY MR. BOSL: 21 Q. Would it affect your ability to give accurate, 22 full testimony today? 23 A. No. 24 Q. Are you under the influence of any alcohol or 25 drugs? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 12 1 A. No. Couldn't you tell? 2 Q. You never know. 3 Do you know of any other reasons why you cannot 4 testify fully and accurately today? 5 A. No. 6 Q. Sir, what is the highest level of education or 7 degree that you have achieved? 8 A. I have a college degree. 9 Q. Is that a B.A. or a B.S.? 10 A. B.S. 11 Q. B.S. In what field? 12 A. Labor management. 13 Q. Where did you attend university? 14 A. Manhattan College in Riverdale, New York. 15 Q. What year did you graduate? 16 A. 1958. 17 Q. Did you go directly from high school to 18 col 1ege? 19 A. Yes, I did. 20 Q. Have you had any further education after your 21 college degree? 22 A. No, I have not. 23 Q. Where did you go to work after college? 24 A. I worked for a sporting goods store in North 25 Tarrytown, New York. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 13 1 MR. WALLACE: It's north 2 BY MR. BOSL: 3 Q. What year did you start there? 4 A. Full time? 5 Q. Yes. 6 A. 1958. 7 Q. Did you work there part time before that? 8 A. Yes, I did. 9 Q. During college? 10 A. During college. 11 Q. What year did you start there? I ' m sorry 12 didn't let you finish. 13 A. During college and during high school, part of 14 high school. 15 Q. How long did you work there? 16 A. Part time or full time? 17 Q. Let's say full time starting in 1958. 18 A. Approximately two years. 19 Q. What were your responsibilities there when you 20 worked there full time? 21 A. I was in charge of running the store, doing 22 bids when they sold to schools. That's about it. 23 Q. What was your title there? 24 A. No title. 25 Q. Was it part of a chain or -- Aiken & Welch Court Reporters C. Sbezzi 10-18-06 14 1 A. Individually owned, small. 2 Q. I forgot to ask you this. Just let me go back 3 and ask you real quick. 4 Have you ever testified in court before? 5 A. In an actual courtroom? 6 Q. In an actual courtroom, yes. 7 A. No, I have not. 8 Q. So you left the sporting goods store in 9 approximately 1960? 10 A. That's correct. 11 Q. Where did you go to work after that? 12 A. A company called Tensolite, T-e-n-s-o-1 -i-1-e, 13 Insulated Wire Company, Tarrytown, New York. 14 Q. Did you have a job title there? 15 A. Purchasing assistant. 16 Q. Did Tensolite manufacture the insulated wire? 17 A. They insulated copper wire that they bought. 18 Q. Did you work at the factory or plant where this 19 was done? 20 A. The home office which included office and 21 plant. 22 Q. What were your responsibilities there? 23 A. Purchase materials used in the insulating of 24 wire, purchase office supplies, purchase equipment 25 needed for the proper running of the machinery, Aiken & Welch Court Reporters C. Sbezzi 10-18-06 15 1 expedite the orders. 2 Q. What material was used to insulate the wire, if 3 you know? 4 A. Teflon. 5 Q. Do you recall the major companies that you 6 purchased from for the Teflon insulating material? 7 A. As far as I know, there was one company only. 8 DuPont. 9 Q. Until what year did you work for Tensolite? 10 A. Just a little bit over a year after I started. 11 Q. So somewhere in 1961 or '62? 12 A. '61. 13 Q. Throughout your time there at Tensolite, did 14 you have the title purchasing assistant or did your job 15 title or responsibilities change at any time? 16 A. They did not change. 17 Q. When you left Tensolite in 1961, did you get a 18 job after that? 19 A. I hope so. 20 Q. Where did you go to work? 21 A. Western Union Telegraph Company. 22 Q. What was your job title there? 23 A. Purchasing assistant. 24 Q. Which office did you work in? 25 A. Home office. 30 Hudson Street, New York City. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 16 1 I don't know the zip. 2 Q. That'sail right. 3 What were your responsibilities there? 4 A. Expedite contracts that were placed on vendors. 5 Q. These were products that Washington Union was 6 purchasing, then? 7 A. Western Union. 8 Q. I'm sorry. Western. 9 What products were those? 10 MR. WALLACE: If you recal1. 11 THE WITNESS: Trees that they used for poles, 12 screw machine parts that they used in their equipment, 13 like phone jacks that they had manufactured outside. 14 BY MR. BOSL: 15 Q. Any types of insulated wires? 16 A. Not that I know of. 17 Q. Do you recall purchasing any 18 asbestos - containing products? 19 A. I didn't purchase at that job. 20 Q. I'm sorry. 21 Do you recall if the contracts that you were 22 expediting were for asbestos-containing products? 23 A. Not that I know of. 24 Q. How long did you remain at Western Union? 25 A. Till 1963. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 17 1 Q. During that entire time, you were a purchasing 2 assistant? 3 A. Yes. 4 Q. And in 1963, where did you go to work? 5 A. J. A. Sexauer. 6 Q. What was your job title at that time? 7 A. Purchasing assistant. 8 Q. Which office did you work out of? 9 A. Home office. 10 Hamilton Avenue, White Plains, 10 New York. 11 Q. What were your responsibilities as purchasing 12 assistant for Sexauer? 13 A. To purchase various parts that were used to 14 distribute, expedite them. 15 Q. How many purchasing assistants were there at 16 that time at the home office? 17 A. One. 18 Q. So were you in charge of purchasing all of the 19 parts that J. A. Sexauer distributed? 20 A. Yes. 21 Q. How long did you have that title of purchasing 22 assistant? 23 A. Probably five years. 24 Q. About until 1968? 25 A. Yes. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 18 1 Q. At that time did your job title change? 2 A. Director of purchasing. 3 Q. How long were you the director of purchasing? 4 A. Till 1973. 5 Q. When you became director of purchasing, did 6 your responsibilities change? 7 A. Not real 1y. 8 Q. When you say "not really," was there any change 9 to your responsibilities? 10 A. Not that I recall. More money. Title always 11 helps. 12 Q. I assume there were no other directors of 13 purchasing for J. A. Sexauer? 14 A. When you got the best,, you don't need others. 15 Q. Now, from '63 to '73, you were the purchasing 16 assistant director of purchasing in White Plains. Did 17 J. A. Sexauer have any other offices throughout the 18 country? 19 MR. WALLACE: Just from the '68 to '73 time 20 period? 21 MR. BOSL: For now. 22 MR. WALLACE: That's what I mean. For this 23 question. 24 MR. BOSL: That's right. 25 MR. WALLACE: Do you understand that? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 19 1 THE WITNESS: Did Sexauer have any other 2 offices from '68 to '73? 3 MR. BOSL: From '63 to '73. 4 THE WITNESS: No. 5 BY MR. BOSL: 6 Q. So you were the director of purchasing for the 7 entire organization? 8 A. That's correct. 9 Q. Is that the case throughout Sexauer's entire 10 hi story? 11 MR. WALLACE: If you know. 12 MR. BOSL: If you know. 13 THE WITNESS: I don't understand the question. 14 BY MR. BOSL: 15 Q. At any time did J. A. Sexauer have other 16 offices? 17 A. Prior to '73 or after '73? 18 Q. Let's start with prior to '73. 19 A. No . 20 Q. No. And after '73? 21 A. Yes . 22 Q. Where were those offices? 23 A Louisville, Kentucky. 24 Q. Do you recall when that office opened? 25 A. No, I don't. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 20 1 Q. Do you recall generally, maybe what decade that 2 took place in? 3 A. Early '70s. 4 Q. At that time did the White Plains, New York, 5 office continue in operation? 6 A. Yes, it did. 7 Q. What operations took place at Louisville, 8 Kentucky? 9 A. Warehouse. 10 Q. Prior to the opening of the Louisville 11 warehouse, were products warehoused in White Plains, 12 New York? 13 A. Only, yes. 14 Q. Did you have opportunity to go into the 15 warehouse in White Plains, New York? 16 A. Yes. 17 Q. Have you ever been to the warehouse in 18 Louisville, Kentucky? 19 A. Yes. 20 Q. Once the warehouse in Kentucky opened, did the 21 warehouse in White Plains, New York, continue in 22 operation? 23 A. Yes, it did. 24 Q. What products were warehoused in Louisville? 25 A. The same products that were warehoused in White Aiken & Welch Court Reporters C. Sbezzi 10-18-06 21 1 Plains. 2 Q. Did the warehouse in New York and Louisville 3 have different customers that they sold to or 4 distributed to? 5 A. That they distributed to, yes. 6 Q. Were those different customers divided up by 7 region, geographical region? 8 A. Yes, they were. 9 Q. What geographical region did the White Plains, 10 New York, warehouse supply to? 11 MR. WALLACE: Do we have a time when there was 12 competition with the Louisville office? Is that what 13 you're asking for? 14 MR. BOSL: Yes. Yes, after '73 once the 15 Louisville warehouse opened. 16 MR. WALLACE: Well, he said in the early '70s, 17 just so it's cl ear. 18 MR. BOSL: Okay. 19 MR. WALLACE: Do you understand what he's 20 asking you? After the Louisville and the White Plains 21 office were both opened - 22 THE WITNESS: How was it divided? 23 MR. WALLACE: That's his question. 24 THE WITNESS: White Plains would ship to the 25 northeast, upper central part of the United States, and Aiken & Welch Court Reporters C. Sbezzi 10-18-06 22 1 Louisville would ship to the West Coast and southern 2 part, southeast. 3 BY MR. BOSL: 4 Q. So after the early '70s, if someone on the West 5 Coast, say, in California, made an order for Sexauer, 6 the product would have been shipped from Louisville? 7 A. Yes. 8 Q. How often have you been -- or how many times 9 have you been to the Louisville warehouse? 10 A. At least once a month. 11 Q. Beginning in the early '70s when it opened? 12 A. Yes. 13 Q. And continuing until when? 14 A. I didn't go once a month later on and I don't 15 know how often -- I might have been there once every 16 two months or three months in the latter years. 17 Q. Real quick, before the early '70s when 18 Louisville plant opened, a West Coast customer would 19 have had their product shipped from White Plains; is 20 that correct? 21 A. It was the only shipping distribution point. 22 Q. So in -- I believe you said 1973 you became 23 director of sales; correct? I'm sorry. Director of 24 purchasing. 25 A. Yes. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 23 1 Q. That's right. Director of purchasing. 2 A. Yes. 3 Q. How long did you remain the director of 4 purchasing for Sexauer? 5 A. Three more years. 6 Q. So until, approximately, 1976? 7 A. I believe I may have misquoted myself there. 8 Probably the latter part of the '70s. 9 Q. And you're not sure exactly what year that 10 would have been? 11 A. No, I'm not. 12 Q. When you ceased being director of purchasing in 13 the late '70s, did you remain employed with Sexauer? 14 A. Yes. 15 Q. What was your title after that time? 16 A. Vice-president of sales. Can I correct myself? 17 Q. Yes. 18 A. I believe that was 1982. 19 Q. It was 1982. Okay. 20 So you were director of purchasing until 1982? 21 A. Yes. 22 Q. At which time you became vice-president of 23 sales? 24 A. Yes. 25 Q. Vice-president of sales in 1982. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 24 1 When you became vice-president of sales, did 2 your responsibilities change? 3 A. Yes. 4 Q. What were your responsibilities when you became 5 vice-president of sales? 6 A. To set quotas for the sales department, to set 7 quotas for the individual regions, to assist in hiring 8 sales personnel. 9 MR. WALLACE: Can we take -- we don't need to 10 go anywhere. I just want to go off the record for a 11 second. 12 MR. BOSL: Sure. 13 (Off the record.) 14 MR. WALLACE: If we can go back on the record. 15 It might be helpful, so that there's no 16 confusion, to maybe ask the witness again as to the 17 timing of the various positions that he held just so 18 it's cl ear. 19 MR. BOSL: That's fine. 20 BY MR. BOSL: 21 Q. My understanding is you began as a purchasing 22 assistant for J. A. Sexauer in 1963; is that correct? 23 A. That's correct. 24 Q. How long did you hold that position? 25 A. Five or six years. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 25 1 Q. Five or six years. 2 Till approximately 1968; is that correct? 3 A. (Witness nodding head.) 4 Q. At that time you testified you became the 5 director of purchasing; is that correct? 6 A. That's correct. 7 Q. And you held the position of director of 8 purchasing until 1973; is that correct? 9 A. '76. 10 Q. '76. Okay. 11 You became director of purchasing in 1976 and 12 you held that position until 1982 when you became 13 vice-president of sales? 14 A. I misunderstood you. I became director - 15 vice-president of sales in 1976. 16 Q. In 1976. Okay. 17 MR. WALLACE: That's the point, Counsel, I 18 wanted to clear up. 19 MR. BOSL: I see. 20 BY MR. BOSL: 21 Q. So director of purchasing is also 22 vice-president of sales? You held both of those - 23 A. No. No. 24 Q. I'm sorry. 25 So you held purchasing assistant until 1968? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 26 1 A. Right. 2 Q. At which point you became director of 3 purchasing which you held until 1976? 4 A. (Witness nodding head.) 5 Q. At which point you became vice-president of 6 sales? 7 A. No. Vice-president of purchasing. 8 Q. Vice-president of purchasing. Okay. 9 How long did you hold the position of 10 vice-president of purchasing? 11 A. Approximately 1982. 12 Q. Till 1982. Okay. 13 And in 1982 you became vice-president of sales; 14 is that correct? 15 A. That's correct. 16 Q. And before we took the little break, you were 17 describing your responsibilities as vice-president of 18 sales. And I believe you said that you set quotas for 19 the sales departments and for the various regions, and 20 you assisted in hiring. 21 Did you have any other responsibilities at that 22 t i me? 23 A. Assist regional managers in performing their 24 functions. 25 Q. What were those functions? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 27 1 A. To hire salespeople, to give quotas. 2 Q. I want to go back, then, and ask you what your 3 responsibilities were when you were director of 4 purchasing -- I'm sorry -- vice-president of 5 purchasing. 6 A. Same responsibilities. Another change of title 7 which improved my income. 8 Q. Same responsibilities as when you were 9 purchasing assistant and director of purchasing? 10 A. Yeah. It was a small company and there were no 11 major changes in the functions. 12 Q. So you became vice-president of sales in 1982. 13 How long did you hold that title? 14 A. Till my retirement. 15 Q. When did you retire? 16 A. The year 2000. 17 Q, And you remain retired to this day? 18 A. Not right now. 19 Q. Did you ever go back to work after you retired 20 in 2000? 21 A. No, I did not. I spent 37 years. A long 22 career. 23 Q. During the years that you were purchasing 24 assistant, director of purchasing and vice-president of 25 purchasing -- so I guess 1963 to 1982 -- I believe you Aiken & Welch Court Reporters C. Sbezzi 10-18-06 28 1 said you were in charge of purchasing all of the 2 products that Sexauer distributed; is that correct? 3 A. That's correct. 4 Q. What were the nature of those products? 5 A. Individual component parts from various 6 manufacturers of fixtures and flushometers that's used 7 for repairs, also tools that's used in the industry. 8 Q. We'll come back to the specific products 9 themselves. I want to go first, though -- you were 10 vice-president of sales from 1982 until 2000. 11 Do you have any knowledge of the manner in 12 which Sexauer sold products prior to 1982? 13 A. I don't understand "the manner in which Sexauer 14 sold." 15 Q. If a customer wanted to purchase a product from 16 Sexauer - 17 A. Yes. 18 Q. I guess two sections of this question, then - 19 do you know how that customer would go about purchasing 20 that product prior to 1982? 21 A. Yes. There's more than one way. 22 Q. Do you know how, once that order was placed, 23 Sexauer would fill that order and distribute the 24 product prior to 1982? 25 A. Yes. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 29 1 Q. You say there were several ways. So let's say 2 a -- well, first of all, did Sexauer distribute to 3 contractors? 4 A. Sexauer distributed to any facility that was 5 large enough that had a maintenance department that 6 required parts to keep the building in order. 7 Q. I'll come back to that. I'm not sure that 8 necessarily answers my question, though. 9 Did Sexauer distribute to contractors? 10 A. Well, I'm not sure "contractors" is a 11 terminology that I understand as you try and tell me. 12 Would you consider - 13 MR. WALLACE: If you don't understand the 14 question -- you just told him that -- he can ask 15 another question. 16 BY MR. BOSL: 17 Q. Let's say a plumbing contractor in a city, for 18 example, San Francisco. Did you sell to plumbing 19 contractors? 20 A. Yes. It was one of our minor markets. 21 Q. And if a contractor wanted to place an order, 22 how would they go about that? 23 A. One method was, we had commissioned salesmen in 24 the territory that called on the facilities that they 25 felt were potential customers. And being Aiken & Welch Court Reporters C. Sbezzi 10-18-06 30 1 commissioned - 2 MR. WALLACE: He just asked if a contractor 3 wanted to place an order, how would they do that. 4 That's all he's asking. 5 THE WITNESS: Okay. 6 MR. WALLACE: Just tell him that, if you know. 7 THE WITNESS: Can you just read back what I 8 said? 9 (Record read by the Reporter.) 10 BY MR. BOSL: 11 Q. So you had commissioned salesmen - 12 MR. WALLACE: Hang on. 13 Do you have an answer for his question? 14 THE WITNESS: I have another method that I 15 think is part B. 16 MR. WALLACE: Try and answer his question. 17 THE WITNESS: We also distributed catalogs, and 18 a potential customer could order product using an 800 19 number and it would be shipped to him. 20 BY MR. BOSL: 21 Q. Well, then let's begin with the commissioned 22 salesmen. 23 What regions or territories did Sexauer sell to 24 for which they had commissioned salesmen? 25 A. The country was divided into six regions. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 31 1 Q. How many salesmen did Sexauer have -- well, I'm 2 sorry. Strike that. 3 What were these six regions? 4 A. Northeast, southeast, Central America - 5 MR. WALLACE: Well, Central America implies the 6 land between North America and South America. 7 THE WITNESS: Central United States, north 8 central United States. 9 MR. WALLACE: Thank you. 10 THE WITNESS: South central United States, West 11 Coast. How many is that? 12 MR. WALLACE: That's five. 13 THE WITNESS: And the sixth would be a 14 combination of Alaska, Hawaii and Puerto Rico. 15 BY MR. BOSL: 16 Q. Did Sexauer have regional sales headquarters in 17 each of these territories? 18 A. No headquarters. 19 Q. Or office? I should ask that. 20 A. No office. 21 Q. And so how many commissioned sales -- I should 22 ask first, California, I assume, is in the West Coast 23 region? 24 A. Good place to be. 25 Q. How many commissioned salespersons did Sexauer Aiken & Welch Court Reporters C. Sbezzi 10-18-06 32 1 have on the West Coast? 2 A. I don't recal1. 3 Q. Do you have an estimate as to -- was it less 4 than ten? 5 A. What period? 6 Q. Prior to 1976. 7 A. For all of California? Is that what you're 8 asking? 9 Q. For the West Coast region. 10 A. For the West Coast region? 11 Q. Yes . 12 A. I would say a little bit more than ten. 13 Q. Less than 20? 14 A. Yes . 15 Q. So somewhere around 15? 16 A. I estimate 12. 17 MR. WALLACE: This is for the West Coast region 18 prior to '73, did you say? 19 MR. BOSL: '76. 20 MR. WALLACE: '76? 21 MR. BOSL: Yes. 22 MR. WALLACE: Okay. 23 BY MR. BOSL: 24 Q. Within the region, did these, roughly, a dozen 25 salespersons divide up the region and have a particular Aiken & Welch Court Reporters C. Sbezzi 10-18-06 33 1 territory that was their own? 2 A. Each salesman had a protected territory. 3 Q. And how many salespersons were there for the 4 Bay Area? 5 A. I'd have to estimate three or four. Maybe not 6 four. 7 Q. Do you recall who those persons were prior to 8 1976? 9 A. Jack Heinen, H-e-i-n-e-n, I believe; Ernest 10 Klopfel, K-l-o-p-f-e-1 . 11 Q. Any others? 12 A. Not that I recal1 . 13 Q. Is Mr. Heinen still alive? 14 A. Not that I know of. 15 Q. Do you recall where he lived last you knew? 16 A. In the Bay Area is all I know. 17 Q. Likewise, is Mr. Klopfel still alive? 18 A. Not that I know. 19 Q. Where did he live the last time you knew? 20 A. I'm not sure. 21 Q. Do you recall how long Mr. Heinen worked for 22 Sexauer? 23 A. No, I don't. 24 Q. Do you recall how long Ernest Klopfel worked 25 for Sexauer? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 34 1 A. No, I don't. 2 Q. But both of them were salespersons for Sexauer 3 prior to 1976? 4 A. Yes. 5 Q. Do you recall if they were salespersons from 6 approximately 1965 to 1970? 7 A. I don't recal1. 8 Q. And these commissioned salesmen, did they have 9 particular customers that they would call on? 10 A. They could call on any potential customer that 11 they felt needed Sexauer product. 12 Q. And so would they actually visit the 13 customer - 14 A. Yes. 15 Q. -- and sell them product? 16 Did these salespersons make recommendations to 17 the customer as to what products they should purchase? 18 MR. WALLACE: If you know. 19 MR. BOSL: If you know. 20 THE WITNESS: I don't know. 21 BY MR. BOSL: 22 Q. I want to hand you what I'm going to mark as 23 Exhibit D. 24 (Plaintiffs' Exhibit D 25 marked for Identification.) Aiken & Welch Court Reporters C. Sbezzi 10-18-06 35 1 BY MR. BOSL: 2 Q. It says on the front "Master Catalog." 3 MR. WALLACE: Hang on. Let's let him look at 4 the exhibit. 5 Off the record. 6 (Off the record.) 7 BY MR. BOSL: 8 Q. On the first page you see that it says "Master 9 Catalog" and on the bottom it says "J. A. Sexauer"? 10 A. Yes, I do. 11 Q. And if you'll turn the page one page, it looks 12 like it's a table of contents, and down at the bottom 13 do you see that it says "Copyrighted by J. A. Sexauer, 14 1983"? 15 A. Yes, Ido. 16 Q. How often do these catalogs come out? 17 A. As required. There wasn't a set date. 18 Q. Generally speaking, do they come out 19 approximately every year? 20 A. No. 21 Q. Every two years? 22 A. No. 23 Q. Do you recall, as a general rule, how often 24 they did come out? 25 A. As required, what our supply lasted. There's Aiken & Welch Court Reporters C. Sbezzi 10-18-06 36 1 not a general rule that I recall. 2 Q. I want to flip forward a few pages to -- on the 3 bottom it's Bates No. CPSL0006791. On the right-hand 4 column, do you see the paragraph titled "Inventory 5 Management Assistance"? 6 A. Yes, I do. 7 Q. Is it your understanding -- let me say this for 8 the record: First of all, as I understand it, you're 9 being produced as the representative for J. A. Sexauer, 10 and so unless I make it clear, when I say "you," I 11 don't just necessarily mean Mr. Sbezzi; I mean J. A. 12 Sexauer. 13 Do you understand that? 14 A. That's fine. 15 Q. Now, according to this, it says that there were 16 110 trained Sexauer representatives available and ready 17 to help you. 18 Are those 110 trained representatives the 19 commissioned salespersons you were talking about prior? 20 A. Yes. 21 Q. Is it your understanding, then, that the 22 Sexauer sales representatives would, if requested, 23 advise the customer as to what products they should be 24 purchasing for their needs from Sexauer? 25 MR. WALLACE: Again, I object to the question Aiken & Welch Court Reporters C. Sbezzi 10-18-06 37 1 as vague and ambiguous. 2 If you understand it, you can go ahead and 3 answer it. 4 THE WITNESS: I don't understand the word 5 "advise." The salesman would make a call and it's 6 common knowledge that the customer knows what he needs 7 to run the building. And our salesman would assist him 8 in purchasing those products, but as far as advise - 9 BY MR. BOSL: 10 Q. I guess I'm using the word that the catalog is 11 using. It says that the salesman would advise the 12 customer of proper inventory levels. In another place 13 here -- prior to that, it says he'll determine the age, 14 make, repair record and exact repair parts necessary 15 for economic and effective repairs. 16 Is it your understanding that Sexauer did that? 17 A. The third paragraph is also what you should be 18 getting to. "Working with you, he'll advise you of 19 proper inventory levels." 20 Is that what you referred to as "advise" in the 21 earlier question? 22 Q. Well, I guess there's two parts to it. 23 So is it your understanding that Sexauer would 24 advise to inventory levels for the customer? 25 A. Yes. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 38 1 Q. And is it your understanding that he would also 2 recommend the appropriate parts necessary for the work 3 that the customer was doing? 4 MR. WALLACE: Objection. The question is vague 5 and ambiguous as to the work the customer is doing. I 6 think the confusion is, if you look at the materials, 7 they supplied specific materials for specific fixtures. 8 So, yes -- it's my understanding, yes, they would 9 advise the client. 10 If you wanted to get a replacement part for a 11 particular faucet, they would tell you what replacement 12 part that was out of the maybe 600 that you could 13 choose from. So in that sense, yes, they would be 14 advising him, but that's the extent of the advice 15 given. 16 You can inquire of the witness whether or not 17 my representation is accurate. I don't mean to try and 18 conduct your deposition for you. I'm just trying to 19 help put it in context that might assist. That's all. 20 BY MR. BOSL: 21 Q. Mr. Sbezzi, is what your attorney just 22 represented your understanding of the way that Sexauer 23 would advise? 24 A. Yes. I would add to it, also would advise in 25 the inventory control of that customer or that account. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 39 1 Q. So If a customer had a particular fixture that 2 he was working with, he could ask the Sexauer 3 representative what parts would work best for that 4 fixture? 5 A. If he didn't know. 6 Q. If he didn't know himself? 7 A. (Witness nodding head.) 8 Q. So then when the commissioned salesperson would 9 make a call to a particular customer, the customer can 10 make an order with the salesperson right there? 11 A. Or he could call in at any other time. 12 Q. And the commissioned salesmen would simply call 13 in to the headquarters at White Plains and place the 14 order; is that correct? 15 A. The commissioned salesmen, each were allotted a 16 time at night where they could place all their orders 17 that they took during the day to have them processed, 18 or if it was of an emergency nature, then they could 19 call during the day. 20 Q. But the salesmen didn't keep any inventory for 21 themselves; is that correct? 22 A. No, sir. 23 MR. WALLACE: You're agreeing with him? 24 THE WITNESS: The salesmen did not keep 25 inventory for themselves. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 40 1 BY MR. BOSL: 2 Q. After 19 -- I'm sorry. After the early '70s 3 when the Louisville, Kentucky, plant opened, would the 4 West Coast salesmen place their order directly to 5 Louisville? 6 A. All orders were placed through Sexauer 7 headquarters who had the facility to accept the orders. 8 They may be shipped out of Louisville, but it went 9 through home office. 10 Q. And you were located at the head office? 11 A. 10 Hamilton Avenue. 12 Q. And so then the other way that a customer would 13 order was through the catalog; correct? 14 A. Yes. 15 Q. These catalogs were sent to known customers or 16 did the customer have to ask for the catalog? 17 A. We preferred the catalogs be given to the 18 customer by their salesmen. The catalogs were 19 expensive and we did not want to send out many books. 20 Q. So if a customer wanted to request a catalog, 21 they would be directed to contact the local salesman? 22 A. Yes. 23 Q. Could they call directly to White Plains, the 24 headquarters, and request a catalog be sent to them? 25 A. Yes, they could. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 41 1 MR. BOSL: Before we go further, I think we've 2 been going roughly an hour or so. Why don't we take a 3 five or ten-minute break. 4 THE WITNESS: Sounds good to me. 5 MR. WALLACE: Before we go off the record and 6 just so it's clear, Exhibit D has ten pages in it, and 7 it begins with the reference number which ends with 8 6780 and it ends with 6796, but the pages are not 9 inclusive. There's only ten pages and they are a 10 variety of different numbers. 11 MR. BOSL: That's correct. 12 MR. WALLACE: We can go off now. 13 (Off the record.) 14 MR. BOSL: Back on the record. 15 BY MR. BOSL: 16 Q. Mr. Sbezzi, I want to show you what's been 17 marked as Exhibit A. Have you seen that document 18 before? 19 A. Yes, I have. 20 Q. When did you first see it? 21 A. Recently . 22 Q. Recently meaning hours? Days? 23 A. Days. 24 Q. Do you recall how many days ago you saw it? 25 A. It might have been weeks. It was sent to me. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 42 1 Q. Do you recall, approximately, when that was? 2 A. The last ten days. 3 Q. In preparing for today's deposition, have you 4 reviewed any documents? 5 A. Yes, I have. 6 Q. Which documents have you reviewed? 7 A. This notice of taking the deposition. I 8 reviewed my two previous depositions, and I reviewed 9 two sets of interrogatories which I signed. 10 Q. Were those interrogatories in this case? 11 A. Yes. 12 MR. BOSL: I would ask counsel to make copies 13 of the two previous depos available. 14 MR. WALLACE: Uh-huh. 15 Are you finished with your answer? 16 THE WITNESS: Yes. 17 MR. WALLACE: He's also looked at Tom Duffy's 18 deposition. 19 THE WITNESS: My error. 20 BY MR. BOSL: 21 Q. When did you read Mr. Duffy's deposition? 22 A. A few months ago. 23 Q. Did you read his entire deposition or certain 24 parts of it? 25 A. I tried to read the whole thing. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 43 1 Q. Do you recall that he testified regarding J. A. 2 Sexauer in that deposition? 3 A. Yes. 4 Q. Who supplied you the copies of interrogatories? 5 A. My counsel. 6 Q. Besides talking to your attorneys, have you 7 talked to anyone in preparation for this deposition? 8 A. Yes. 9 Q. Who did you talk to? 10 A. I spoke to present and past Sexauer employees. 11 Q. Which attorney -- I'm sorry. 12 Which past employees did you speak with? 13 A. Gill Silva, the ex-president, retired president 14 of Sexauer; Frank O'Connell who at that time when I 15 spoke to him was the vice-president of sales for 16 Sexauer; Frank Inana, I-n-a-n-a, who at that time when 17 I spoke to him was the regional manager for Sexauer, 18 West Coast division; John Contos, C-o-n-t-o-s, who was 19 the previous West Coast regional manager, retired; 20 Clint Carmichael who is the present Sexauer salesman in 21 the Bay Area. 22 Q. Any other employees? 23 A. (Witness shaking head.) 24 Q. So I guess these are both the past and the 25 present employees that you spoke with; correct? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 44 1 A. Yes. 2 Q. Mr. Silva, you said, is the former president. 3 Do you recall what years he was president of Sexauer? 4 A. No, I don't know the year he was made 5 president, but he started with Sexauer in 1966. 6 Q. Do you recall what position he started at in 7 1966? 8 A. Head of the finance and accounting department. 9 Q. When did he cease being president of Sexauer? 10 A. When he retired. I'm not sure, but it's 11 probably 2002. 12 Q. Where does he reside? % 13 A. White Plains, New York. 14 Q. Do you recall his phone number offhand? 15 A. No, I don't. 16 Q. What did you discuss with Mr... Silva? 17 A. I was trying to get information on present 18 Sexauer salesmen in the Bay Area, and I asked him what 19 route I should take, who I would inquire from. 20 Q. And what did he tell you? 21 A. He led me to Frank O'Connell. 22 Q. When did you have thisconversation with 23 Mr. Silva? 24 A. Oh, maybe a month ago. 25 Q. And then you contacted Mr. O'Connell? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 45 1 A. Yes. 2 Q. Do you recall when he became vice-president of 3 sales at Sexauer? 4 A. Probably the year I left. He replaced me. 5 Q. Had he worked for Sexauer prior to that? 6 A. Yes. 7 Q. Do you know how long he worked for Sexauer 8 before that? 9 A. I'd say about three years. 10 Q. What did you discuss with Mr. O'Connell? 11 A. Who I should contact to see who is working the 12 Bay Area. 13 Q. Anything else? 14 A. No. 15 Q. And he told you about Mr. Inana? 16 A. Inana, yeah. 17 Q. Any others? 18 A. No. 19 Q. How long ago did you contact Mr. O'Connell? 20 A. Approximately a month or so. 21 Q. And then you contacted Mr. Inana? 22 A. Yes. 23 Q. And when did you contact him? 24 A. Approximately a month or so. 25 Q. Do you know how long he has been the regional Aiken & Welch Court Reporters C. Sbezzi 10-18-06 46 1 manager of the West Coast region? 2 A. I believe it's only three years. 3 Q. Did he work for Sexauer prior to that? 4 A. No, he did not. 5 Q. Do you know where he worked before that? 6 A. No, I don't. 7 Q. What did you discuss with Mr. Inana? 8 A. I wanted to find out who in the Bay Area -9 Q. Who sells in the Bay Area? 10 A. Yes. 11 Q. Does Mr. Inana sell in the Bay Area? 12 A. No, he doesn't. 13 Q. He simply manages the other salesmen? 14 A. Yes. 15 Q. Who did he tell you sells in the Bay Area? 16 A. Clint Carmichael. 17 Q. Anyone else? 18 A. No. 19 Q. Did Mr. O'Connell tell you the names of prior 20 salesmen in the Bay Area? 21 A. No. I went to John Contos, who was prior 22 regional manager, to try and locate John -- Jack Heinen 23 or Ernie Klopfel. 24 Q. Was he able to help you? 25 A. No, he wasn't. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 47 1 Q. Did he tell you anything? 2 A. No. He hadn't heard from either one in years. 3 He did not know of their location, if they were alive. 4 Q. Did he provide any other information to you? 5 A. No. 6 Q. When did you talk to Mr. Contos? 7 A. Approximately a month ago. 8 Q. Mr. Inana gave you the name of Mr. Carmichael. 9 Did he provide you with any other information? 10 A. He did not know where Jack Heinen was or had 11 heard of him. 12 Q. Any other information that he gave you? 13 A. No. 14 Q. And then you contacted Mr. Carmichael? 15 A. Yes. 16 Q. When did you contact him? 17 A. About a month ago. 18 Q. What did you ask him? 19 A. If he knew the whereabouts of Jack Heinen. 20 Q. What did he tell you? 21 A. No, he did not. 22 Q. Did you ask him for any other information? 23 A. No. 24 Q. Did he give you any other information? 25 A. No. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 48 1 Q. I'm sorry. I may have already asked this. 2 Mr. Contos could not provide you with any 3 information regarding Mr. Heinen or Klopfel; correct? 4 A. No, he did not. 5 Q. Did you talk to anyone else regarding your 6 deposition or this case or the interrogatory answers 7 that you were asked to review? 8 A. Besides my counsel? 9 Q. Besides your counsel. 10 A. No. 11 Q. When you talked with counsel, was anyone else 12 present? 13 A. No. 14 Q. Sir, either during your time when you were - 15 well, at any time when you worked for Sexauer, did you 16 visit the California area as part of your employment? 17 A. Yes. 18 Q. When did you do that? 19 A. I don't recall dates. 20 Q. Do you recall the general time period? 21 A. No. 22 Q. Was it early -- well, do you recall what 23 position you held in the company when you did? 24 A. Both. 25 Q. Both in purchasing and in sales? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 49 1 A. Yes. 2 Q. So you visited more than once? 3 A. Yes. 4 Q. How many times did you visit? 5 A. At least four. 6 Q. Do you recall how many times you visited in 7 your purchasing position? 8 A. Maybe once. 9 Q. What was the purpose of that trip to 10 California? 11 A. Meet the salesmen. 12 Q. Which salesmen did you meet at that time? 13 A. Jack Heinen and Ernie Klopfel. I don't recall 14 any others. 15 Q. Where in California did you visit? 16 A. We were in San Francisco. 17 Q. And both Mr. Heinen and Klopfel were selling 18 the area in San Francisco? 19 A. I'm not sure of Ernie Klopfel's territory. 20 Q. But Mr. Heinen was selling in San Francisco? 21 A. Yes. 22 Q. I'll simply ask you to let me finish asking the 23 question before you answer. 24 How long were you in California at that time? 25 A. A matter of a few days. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 50 1 Q. Did you make any sales calls with either 2 salesmen? 3 A. No, I did not. 4 Q. What was the nature of your visit with them? 5 A. Just to meet the salesmen. 6 Q. What did you discuss with them? 7 A. I don't know. 8 Q. Did you discuss who their customers were? 9 A. No. 10 Q. Did you discuss what products Sexauer sold? 11 A. Not that I recal1. 12 Q. What relationship did you have in your position 13 as assistant purchasing director of purchasing and 14 vice-president of purchasing with the salesmen in the 15 field? 16 A. I would hear recommendations for new products. 17 Q. And these recommendations came from customers 18 or from the salesmen? 19 A. Probably customers through the salesmen. 20 Q. Was this for brands of products, these 21 recommendat ions? 22 A. Not necessarily brands, no. New products, new 23 tools. 24 Q. So this visit when you were director of 25 purchasing was more of an informal visit simply to get Aiken & Welch Court Reporters C. Sbezzi 10-18-06 51 1 to know them? 2 A. Yes. 3 Q. And then you visited California as director 4 of -- or vice-president of sales approximately three 5 times? 6 A. Approximately. 7 Q. Do you recall when those visits were? 8 A. No, I don ' t. 9 Q. Were they early in your time as vice-president 10 of sales? 11 A. Probably one early, two later on. 12 Q. So one probably in the '80s and two in the 13 '90s? Is that fair to say? 14 A. That would be fair. 15 Q. What were the purpose of those visits? 16 A. To try and expand our business. We were a 17 small company looking to get bigger, what 18 recommendations they had as far as new products, better 19 service. 20 Q. When you say "recommendations they had," who do 21 you mean by "they"? 22 A. Our salesmen who service the customers. 23 Q. Did you meet with all of the salesmen for the 24 West Coast region? 25 A. Not that I recal1. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 52 1 Q. Which salesmen did you meet with? 2 A. I don't recal1. 3 Q. Where in California did you visit the first 4 t i me? 5 A. Marina Del Rey. 6 Q. Were there salesmen based out of Marina Del 7 Rey? 8 A. In the vicinity. 9 Q. I'm sorry? 10 A. In the vicinity. 11 Q. Did you meet with salesmen for the Bay Area at 12 that time? 13 A. Not that I recal1. 14 Q. And the second time you visited California, do 15 you recall where that was? 16 A. In the Los Angeles area. 17 Q. And the nature of the visit was the same as 18 what you just described, recommendations on products 19 and service? 20 A. Service. 21 Q. And expanding the business? 22 A. Yes . 23 Q. And the third t i me? 24 A. I don't recall where it was. 25 Q. You don't recall where it was Aiken & Welch Court Reporters C. Sbezzi 10-18-06 53 1 Do you recall whether it was in the Bay Area? 2 A. Not that I know. 3 Q. And that also had the same purpose as the prior 4 two visits? 5 A. Yes. 6 Q. During that time, did you meet with any of 7 your -- Sexauer's customers? 8 A. No. 9 Q. Did you discuss who your customers were? 10 A. No. 11 Q. Did you discuss types of customers, for 12 example, say, large buildings or plants like hospitals 13 versus contractors and so on? 14 A. Yes. We were looking to expand -- we had 15 different vertical markets which we sold. Contractors 16 or plumbing supply houses being the smallest because it 17 was difficult to compete sending product from the East 18 Coast or even Louisville to the West Coast. So we 19 wanted to put our concentration on bigger facilities 20 such as hospitals, hotels. 21 What happened, it was very difficult to compete 22 with the local supply house because the customer could 23 really go pick up the product that day if he needed it, 24 and they usually sold at a lower price than Sexauer 25 because Sexauer had to ship it across country and carry Aiken & Welch Court Reporters C. Sbezzi 10-18-06 54 1 a larger inventory because they served a greater area, 2 but the local supply house served a more limited area 3 and we were trying to cover the country. So we tried 4 to emphasize hospitals, schools, large office 5 buildings, government installations. 6 Q. Who were -- do you know who Sexauer's biggest 7 competitors were in the Bay Area? 8 A. No, I don't, but there was competitors in 9 California. The local supply house as a group also was 10 our competitors because they were -- the product was 11 readily available there compared to having it shipped. 12 MS. BOSL: I would simply ask that all 13 conversations be on the record. 14 MR. WALLACE: Well, conversations that I would 15 have with the witness, I'll ask you to take a break. 16 If counsel wants to talk with me, that's no more 17 entitled to be on the record than if you want to talk 18 to Mr. -- your attorney who is right here or any of the 19 counsel want to talk at table. 20 MR. BOSL: I'd simply ask that these 21 conversations not take place during the questioning. 22 MR. WALLACE: That's a fair enough request. 23 That's a fair enough request. I'll try and honor that. 24 BY MR. BOSL: 25 Q. Sir, you said that you read Mr. Duffy's Aiken & Welch Court Reporters C. Sbezzi 10-18-06 55 1 deposition testimony. 2 A. (Witness nodding head.) 3 Q. Do you recall that he testified that Sexauer 4 was the Cadillac of products, of plumbing products? 5 A. If you refer to being -- Cadillac as being the 6 higher price, he was right. 7 Q. Were Sexauer products of better or different 8 quality than what you would get at the local supply 9 house? 10 A. No. These products were commercially available 11 anyplace, but Sexauer paid higher commission to its 12 salesmen, charged more money to the customer, tried to 13 give them better service and, therefore, the Cadillac 14 of the industry. 15 Q. When you say "better service," what do you 16 mean? 17 A. We tried to carry inventory and an ability to 18 ship within a reasonable time, but it's very difficult 19 when you've - 20 MR. WALLACE: You've answered his question. 21 BY MR. BOSL: 22 Q. Well, you're saying it was very difficult to 23 compete with the local supply house? Is that what you 24 were trying to say? 25 A. Yes. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 56 1 Q. Maybe you can recap for me. 2 The reason was because the product was readily 3 available there for them to get -- is that what you 4 were saying -- in the supply house? 5 A. In the supply house. 6 Q. Directing you back to - 7 MR. WALLACE: Do you want him to look at one of 8 these? 9 MR. BOSL: No. A new exhibit. I'm going to 10 have this marked as Exhibit E. 11 (Plaintiffs' Exhibit E 12 marked for Identification.) 13 BY MR. BOSL: 14 Q. Sir, do you recognize this document? 15 A. I recognize it as being a copy of a Sexauer 16 catalog cover. 17 Q. And this cover is familiar to you as a Sexauer 18 logo and what a Sexauer catalog looked like? 19 A. Yes. 20 Q. Going to the second page, the very bottom in 21 very small print, do you see that this says "copyright 22 1964"? 23 A. Yes, Ido. 24 Q. For the record, these are -- Exhibit E is Bates 25 stamped CPSLO 006799, 6805, 6839, 6840 and 6902. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 57 1 Did you see the Sexauer catalog during the 1963 2 time period when you worked with Sexauer? 3 A. Yes, I did. 4 Q. I want to turn to -- I guess it would be - 5 let's go to 6902. It's the last page of this exhibit. 6 Do you see in the middle of the page it says, 7 "Sexauer Wickings, Graphited Asbestos Stem Packings." 8 Do you recall that Sexauer did sell these 9 products? 10 A. Yes, I do. 11 Q. It says here the Sexauer name. Did Sexauer 12 manufacture these products? 13 A. Sexauer did not manufacture products. 14 Q. Who manufactured the wickings that are in this 15 catalog? 16 A. A company called Eureka Packing. 17 Q. Who put the Sexauer name on it? 18 A. Sexauer ordered empty spools with the Sexauer 19 name on it, sent it to Eureka who put the braided or 20 twisted material on it. 21 Q. So when the customer ordered it, they would see 22 the Sexauer name on the spool and on the wicking 23 itself? 24 MR. WALLACE: Objection. Compound. 25 MR. BOSL: We can break that up. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 58 1 BY MR. BOSL: 2 Q. When the customer purchased the wicking, would 3 they see the name Sexauer on the spool? 4 A. Yes . 5 Q. Would they see the name Eureka on the spool? 6 A. No. 7 Q. Was there any identifying mark on the wicking 8 itself? 9 A. No. 10 Q. Could a customer purchase products with the 11 Sexauer name on it at a local supply store? 12 A. We did not sell supply stores because they were 13 our competitors 14 Q. So if a customer wanted a product with the 15 Sexauer name, the only way to get that product was 16 through Sexauer; is that correct? 17 A. That's correct. 18 Q. Let's move down. 19 The special asbestos wicking just below that to 20 the left, which company made that product? 21 A. I believe that came from Eureka, also. 22 Q. Is that true, also, with the asbestos yarn 23 right next to it? 24 A. Yes, sir. 25 Q. Same scenario with those; Sexauer would buy an Aiken & Welch Court Reporters C. Sbezzi 10-18-06 59 1 empty spool with its name on the spool and send it to 2 Eureka? 3 A. There's no name on those two products, on those 4 products. 5 Q. So the only way that -- so there was no 6 identifying product name at all on those products? 7 A. No. 8 Q. Have you seen these products either when you 9 were purchasing or supplying? 10 A. Yes. 11 Q. Where did you see them? 12 A. In the warehouse. 13 Q. Did you place the orders for them? 14 A. Yes. 15 Q. Do you recall the volume of these products that 16 you sold to the Bay Area? 17 A. No. 18 Q. Do you recall generally the volume of these 19 products that you sold? 20 A. I can only compare it. It had to be a small 21 volume because these were not big sellers compared to 22 the rest of the line of the products. Minute part of 23 our Sexauer line. 24 Q. I'm sorry. They were a new product? 25 MR. WALLACE: Minute, like in tiny, tiny, tiny, Aiken & Welch Court Reporters C. Sbezzi 10-18-06 60 1 real 1y , real 1y smal1. 2 BY MR. BOSL: 3 Q. The page before this, 6840, on the right hand 4 towards the middle, there are Sexauer asbestos washers. 5 Do you see what I'm referring to? 6 A. Yes, I do. 7 Q. Do you recall where -- your testimony is that 8 Sexauer did not manufacture products? 9 A. That's correct. 10 Q. And that applies to these washers, also? 11 A. That's correct. 12 Q. Who manufactures these asbestos washers? 13 A. I don't recal1. 14 Q. Do you recall, generally, the volume of these 15 kinds of washers that you sold? 16 A. I would also characterize it as a very small 17 volume compared to many other products that we had in 18 the line. 19 Q. I want to show you what I'm going to mark as 20 Exhibit F. 21 (Plaintiffs' Exhibit F 22 marked for Identification.) 23 BY MR. BOSL: 24 Q. And these are interrogatory responses from a 25 company called Garlock. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 61 1 Are you familiar with Garlock? 2 A. Yes. 3 Q. What do you associate with the name Garlock? 4 A. Sheeting. 5 Q. Any other products? 6 A. Not that I recal1. 7 Q. If you'll turn to the second page, it says 8 "answer to interrogatory No. 12." 9 A. Am I supposed to have one of these? 10 Q. Yes. 11 MR. WALLACE: I'll give it to you. 12 Do you have the question for No. 12? 13 MR. BOSL: I don't. 14 MR. WALLACE: Well, then I'm going to object to 15 any question of this witness on the basis of 16 completeness. If you want to ask him to take a look at 17 this document to see if it refreshes his recollection, 18 I don't have any problem with that, but you first have 19 to ask him something that he doesn't have a 20 recollection on. 21 BY MR. BOSL: 22 Q. Let's start with that. 23 Do you recall whether or not Garlock had -- I'm 24 sorry. 25 Do you recall whether or not Sexauer ever Aiken & Welch Court Reporters C. Sbezzi 10-18-06 62 1 purchased products from Garlock? 2 A. Yes, I do. 3 Q. Do you recall what products those were? 4 A. Sheet packing. 5 Q. Do you recall any other products? 6 A. No, I don ' t. 7 Q. Were these products sold under the Sexauer 8 name? 9 MR. WALLACE: The sheet packing? 10 MR. BOSL: The sheet packing, yes. 11 THE WITNESS: It wasn't branded Sexauer. It 12 was like every other item here with the Sexauer name. 13 It fits in the Sexauer book. 14 BY MR. BOSL: 15 Q. So it was sold in the Sexauer catalog as a 16 Sexauer sheet packing? 17 A. Yes. 18 Q. Do you recall seeing the sheet packing? 19 A. Yes. 20 Q. Did you see it prior to 1976? 21 A. Yes. 22 Q. Did this sheet packing have any identifying 23 marks on it? 24 A. Not that I recal1 . 25 Q. It didn't say Garlock on it? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 63 1 A. Not that I recal1 . 2 Q. And it didn't say Sexauer on it? 3 A. Not that I recal1. 4 Q. Do you recall, of the products that you sold, 5 what volume that sheet packing was? 6 A. I would also characterize that as minute. 7 Q. I want to go through -- I want to go back to 8 Exhibit A. And starting on -- it's page 8. I just 9 want to go through and ask whether or not you're the 10 person most knowledgeable for Sexauer about these 11 various categories of information. 12 You testified you saw this notice approximately 13 ten days ago or thereabouts? 14 A. Earlier in the month, yes. 15 Q. Sir, are you the person most knowledgeable for 16 Sexauer regarding their record retention policy? 17 MR. WALLACE: Well, I'm going to object to the 18 extent it calls for a legal conclusion. The witness is 19 being produced in response to the deposition notice for 20 the person most knowledgeable to testify about the 21 matters which are the subject of the deposition notice. 22 That's what he's being produced for. So whether or not 23 he can -- I don't believe it's appropriate to ask him 24 whether or not he believes that that's his capacity. 25 That's a legal conclusion the witness is not here to Aiken & Welch Court Reporters C. Sbezzi 10-18-06 64 1 testify about. 2 BY MR. BOSL: 3 Q. I'm not going to necessarily ask you these 4 questions. When I say "person most knowledgeable," I 5 don't necessarily mean it in a legal sense or a legal 6 technical term. 7 What I'm asking you is, in your opinion, as far 8 as you know, are you the person most knowledgeable at 9 Sexauer about these categories or do you believe that 10 there are other people who would have more information 11 than yourself? 12 A. I believe I am the person most knowledgeable. 13 Q. Maybe we can shortcut this. If you could look 14 for me at the other categories continuing on to page 10 15 and tell me if that is true for all of them. 16 MR. WALLACE: All of these to there 17 (i ndicating) . 18 I'm going to interpose the same objection, and 19 if we can have that limitation as to those categories, 20 then I'll let him answer the question. 21 MR. BOSL: That's fine. 22 MR. WALLACE: Do you understand? He's just 23 asking for your personal opinion. 24 THE WITNESS: Yes. 25 BY MR. BOSL: Aiken & Welch Court Reporters C. Sbezzi 10-18-06 65 1 Q. Sir, did you look for any documents in response 2 to this notice? 3 A. There is no documents. 4 Q. When you say there are no documents, there are 5 no documents in response to any of the categories in 6 the notice? 7 A. What are the categories? Prior to 1977? 8 Q. Yes. 9 A. As far as I know, there are no documents prior 10 to 1977. 11 Q. What do you base that statement on? What 12 information? 13 A. My knowledge of having been there. 14 Q. Why are there no documents prior to 1977? 15 A. We're a small company. Space availability at 16 the company going forward, to the best of my knowledge, 17 there was no place where documents were stored for 30 18 years . 19 Q. How long does Sexauer generally keep documents? 20 A. Individual departments when they had filled 21 their file cabinets after one year or two years and 22 they needed more space and we were crowded for space, 23 the documents were thrown out. 24 Q. Is there a company policy with regards to that? 25 A. Not that I know of. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 66 1 Q. So it was up to the individual who maintained 2 whatever file cabinet the document was in to decide 3 when to throw a document away? 4 A. Yes. 5 Q. Did you or anyone else actually search for 6 documents in response to this notice or any other 7 discovery in this case? 8 A. I did not search for documents. 9 Q. So you just assumed, based on the fact that 10 it's a small company and people generally throw 11 documents away after a time, that there were none? 12 A. And it has been sold. 13 Q. And it has been sold. 14 So you, yourself, did not search for any 15 documents; is that correct? 16 A. That's correct. 17 Q. Did anyone else search for documents within the 18 Sexauer organization? 19 A. Not that I know of. 20 Q. When you say that it was sold, you're referring 21 to Sexauer being sold; correct? 22 A. That's correct. 23 Q. When was Sexauer sold? 24 A. The first time in 1976. 25 Q. To whom was it sold? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 67 1 A. Dyson-Kissner-Moran. 2 Q. You said that it was sold -- that was the first 3 time it was sold. So it was sold another time? 4 A. Yes . 5 Q. And how many times after that was it sold? 6 A. One other time. 7 Q. When was that? 8 A. Late 1999. 9 Q. Who was it sold to? 10 A. Wilmar Corporation, W-i-l-m-a-r. 11 Q. And Wilmar is now known as Interline; is that 12 correct? 13 A. That's correct. 14 Q. When the company was sold in 1976, did 15 operations within Sexauer change at all? 16 A. No . 17 Q. Did the company continue to operate under the 18 name J A. Sexauer? 19 A. That's correct. 20 Q. Was any notice sent to Sexauer's customers that 21 i t had been purchased by another company? 22 A. Not that I know of. 23 Q. So a customer would have no reason to really 24 know that a change in ownership had taken place? 25 A. (Witness nodding head.) Aiken & Welch Court Reporters C. Sbezzi 10-18-06 68 1 Q. Is that true, also, in 1999 with the sale to 2 Wi1 mar? 3 A. Wilmar may have made a public announcement of 4 the purchase of Sexauer. I'm not aware of it. 5 Q. After 1999, did the company continue to operate 6 with the name J. A. Sexauer? 7 A. Yes. 8 Q. When you say "public notice," was notice sent 9 directly to the customers? 10 A. Not that I know of. 11 Q. So, again, a customer wouldn't really have any 12 knowledge that it had changed ownership? 13 A. That's correct. 14 Q. And so, also, when we talk about the way that 15 Sexauer did business when you were discussing sales, in 16 particular, the way that Sexauer made sales, there was 17 no change to that in 1976 with the new ownership? 18 A. No change in the method of sales. Very 19 successful method. 20 Q. Was there a change in products that were sold 21 in 1976? 22 A. There was additional products added. 23 Q. As a result of the new ownership? 24 A. There was a continuous program to add new 25 products which was a method of growing the business, Aiken & Welch Court Reporters C. Sbezzi 10-18-06 69 1 but from 1976 there was more emphasis on growth. Prior 2 to '76, we were really kind of a small company, 3 satisfied with the size of the company, the products we 4 were selling and no emphasis -- not as much emphasis on 5 growing. 6 Q. And that emphasis came when Dyson bought the 7 company? 8 A. Yes. And they made an investment. 9 MR. WALLACE: You answered his question. 10 BY MR. BOSL: 11 Q. And who was the owner before Dyson purchased 12 the company? 13 A. The Sexauer family, privately owned family 14 business. 15 Q. Do you know why the Sexauer family sold the 16 business? 17 MR. WALLACE: If you know. Don't speculate. 18 THE WITNESS: No, I don't. 19 BY MR. BOSL: 20 Q. I want to go through a few of these categories 21 that I asked you about. 22 Do you know whether or not Sexauer's salesmen 23 in the Bay Area before 1976, Klopfel and Heinen, ever 24 visited the Louis V. Keller shop? 25 A. Not that I know of. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 70 1 Q. Do you have any information either way? 2 A. No, I don't. 3 Q. Do you know if Sexauer sold to Keller? 4 A. No, I don 11. 5 Q. You don't know if -- so you don't know if 6 Keller ever made an order with Sexauer? 7 A. I don't. 8 Q. Do you know whether or not Servadei Service 9 ever purchased from Sexauer? 10 A. Not that I know. 11 Q. And do you know if Siros Plumbing ever 12 purchased from Sexauer? 13 A. Not that I know. 14 Q. Do you have knowledge of any company in 15 San Francisco or any customer in San Francisco that 16 purchased from Sexauer? 17 A. No , I don't. 18 Q. Do you have knowledge of any customer of 19 Sexauer, generally speaking, anywhere? 20 MR. WALLACE: Anywhere, anytime? 21 MR. BOSL: Anywhere, anytime. 22 THE WITNESS: Sure. 23 BY MR. BOSL: 24 Q. Do you have knowledge of any customers in the 25 San Francisco Bay Area? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 71 1 A. No. 2 Q. Who would have that information? 3 A. What time period? 4 Q. Prior to 1976. 5 A. No one that I know of. 6 Q. And the only people that you think might have 7 had that information was Heinen and Klopfel? 8 A. It was my presumption. 9 Q. Was there a regional manager at that time for 10 the West Coast area? 11 A. John Contos. 12 Q. Do you know if he would have information about 13 specific customers within the San Francisco Bay Area at 14 that time? 15 A. I know he has no information. 16 Q. You asked him? 17 A. I asked him if he had records. He has no 18 records . 19 Q. Did you ask him if he has a memory of customers 20 within the Bay Area? 21 A. No, I didn't. 22 Q. Did Sexauer ever deliver directly to a 23 particular jobsite? 24 MR. WALLACE: At any time anywhere? 25 MR. BOSL: Prior to 1976 in the Bay Area. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 72 1 THE WITNESS: Not that I know. 2 BY MR. BOSL: 3 Q. Could a customer at that time call and say that 4 they wanted their product delivered to a particular 5 jobsite? 6 A. That was an option, to job ship. 7 Q. Would the jobsite have been reflected on any of 8 the purchase or sales documents at that time? 9 A. The purchaser would be the one that's reflected 10 in records, not the job ship. 11 Q. Where would the shipping information be 12 reflected? 13 A. Nowhere that I know of. 14 Q. So how would the person delivering the product 15 know where to deliver it? 16 A. When you say "the person delivering the 17 product," who do you mean? 18 Q. So the person at Sexauer -- or Sexauer would 19 package the product and ship it directly to its final 20 destination; is that correct? 21 A. That's correct. 22 Q. How would the person at Sexauer who was 23 shipping the product know where to send it if the 24 customer wanted it sent to a jobsite? 25 A. He was instructed by the Sexauer salesman. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 73 1 Q. And if -- but that information was not 2 reflected on any record at Sexauer headquarters? 3 A. No. 4 Q. And if the customer placed the order through 5 the catalog and the toll free number, how would that 6 information be conveyed to the shipping department? 7 A. The customer would order it under his customer 8 order number which would show up with the billing 9 address, but the customer can change the ship to 10 address at any time. 11 Q. Now, you say customer order number. Did 12 various customers have accounts with Sexauer? 13 A. Every customer had their own account number. I 14 didn't say order number. I said account number. 15 Q. And that was true whether they ordered through 16 a salesman or through a catalog? 17 A. Yes. 18 Q. Did you perform any search to find out if any 19 of the employers or contractors listed in this notice 20 had an account number with Sexauer prior to 1976? 21 A. No such records exist. 22 Q. Do any of these companies, whether contractors 23 or employers, have accounts with Sexauer today, to your 24 knowledge? 25 A. I have no knowledge of that. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 74 1 Q. How were these account numbers kept prior to 2 1976? Was there a computer database, I imagine? 3 A. I imagine there was a computer database. 4 MR. WALLACE: I don't want you speculating. If 5 you know, tell him what you know. If you don't know, 6 so state. Okay? 7 THE WITNESS: I don't know. 8 BY MR. BOSL: 9 Q. You didn't have reason to deal with specific 10 customer orders in any of your positions? 11 A. No. 12 Q. Were there files that would reflect the 13 customer order -- I'm sorry -- the customer account 14 number? 15 MR. WALLACE: If you know. 16 THE WITNESS: Not that I know of. 17 BY MR. BOSL: 18 Q. Did customers have any means of buying on 19 credit with Sexauer? 20 A. If they paid their previous bills, an order 21 would be shipped out, if that's what you call buying on 22 credit. It would be shipped and billed and hopefully 23 paid in proper time. 24 Q. And so you don't have any knowledge whether or 25 not Sexauer shipped to, directing your attention to the Aiken & Welch Court Reporters C. Sbezzi 10-18-06 75 1 notice, any of these work sites listed on pages 18, 19 2 and 20? I'm sorry. I'm looking at the wrong document 3 MR. WALLACE: It's not A. 4 MR. BOSL: No. It is in A. It's on page 6 5 through page 7. 6 THE WITNESS: May I hear the question again. 7 (Record read by the Reporter.) 8 MR. BOSL: The pages should be 6 and 7. I'm 9 sorry. 10 MR. WALLACE: Let's agree that the question can 11 be amended to reflect pages 6 and 7 so the witness is 12 not confused. 13 MR. BOSL: That's correct. 14 MR. WALLACE: He's asking you about these sites 15 (indicating), okay, 1 through 39. 16 MR. BOSL: I'm sorry. 1 through 43. 17 THE WITNESS: 43. 18 MR. WALLACE: 1 through 43. Sorry. Okay? 19 THE WITNESS: And the question is...? 20 BY MR. BOSL: 21 Q. Do you have knowledge of whether or not Sexauer 22 sold products to any of these jobsites? 23 A. No, I don't. 24 MR. WALLACE: Just so we're clear, you're not 25 expecting that Sexauer would sell to a jobsite; you Aiken & Welch Court Reporters C. Sbezzi 10-18-06 76 1 mean that Sexauer would sell and have the product 2 shipped to that jobsite? Is that what you mean? 3 MR. BOSL: That's right. 4 BY MR. BOSL: 5 Q. Did Sexauer ship any products to these work 6 sites? 7 MR. WALLACE: If you know. 8 THE WITNESS: Not that I know. 9 BY MR. BOSL: 10 Q. Let's back up, then. 11 Did Sexauer at any time become aware that 12 asbestos was a hazardous product or material? 13 A. Yes, sir. 14 Q. When was that? 15 A. In the late '70s 16 Q. How did Sexauer become aware of that? 17 A. Through general medi a stories about asbestos 18 insulation and the employees at the Louisville 19 warehouse brought the subject up to the management 20 there. 21 Q. What did the employees say regarding the 22 hazards of asbestos? 23 A. I don't know the nature of what was said. 24 Q. Were you involved in any discussions within 25 Sexauer about the asbestos hazards in the late '70s? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 77 1 A. Yes. 2 Q. What were the nature of those discussions? 3 A. That we would refer that question to the 4 vendors from which we bought the products. 5 Q. Did Sexauer ask the various vendors 6 regarding - 7 A. Sexauer wrote letters to the various vendors 8 that they bought asbestos-related products. 9 Q. And what did those letters say? 10 MR. WALLACE: If you recall. 11 THE WITNESS: I don't recall the exact wordage 12 of what the letter said. 13 BY MR. BOSL: 14 Q. What was the nature of the letter? 15 A. Proposing the complaint that came from the 16 Louisville plant as to the product. 17 Q. And that complaint was that they contained - 18 A. The concern whether these products were 19 health-related. 20 Q. Did the vendors respond to those letters? 21 A. Yes, they did. 22 Q. And how did they respond? 23 A. They gave various responses, but the response 24 was that asbestos-related products contained chrysotile 25 asbestos which was encapsulated and in no way would Aiken & Welch Court Reporters C. Sbezzi 10-18-06 78 1 that affect the health. 2 MR. WALLACE: Are you finished? 3 THE WITNESS: Yes. 4 MR. WALLACE: Counsel, can we agree that in the 5 witness' answer as just stated, his use of the 6 word "our," o-u-r, was referencing the response from 7 suppliers as opposed to "our" meaning Sexauer? 8 MR. BOSL: I'm sorry. Maybe if you can read 9 the question back, please -- the answer, rather. 10 (Record read by the Reporter.) 11 MR. WALLACE: I'll stipulate that the answer 12 as read is fine. Never mind. 13 BY MR. BOSL: 14 Q. Whose health did they say it would not affect? 15 A. They didn't specify whose health, but I -16 Q. They said it wasn't dangerous to human health, 17 though? 18 A. That's correct. 19 Q. Did Sexauer perform any investigations beyond 20 sending these letters to the vendors? 21 A. Not that I know. 22 Q. Do you recall specifically if Garlock's 23 response to your letter was that the products contained 24 chrysotile that was encapsulated and not dangerous to 25 human health? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 79 1 A. No, not that I recall. 2 Q. You don't recall any specific vendor's 3 response? 4 A. Not that I recal1. 5 Q. So this was -- your answer is just the general 6 understanding that Sexauer took away from the body of 7 responses they received? 8 A. That's correct. 9 Q. So Sexauer did not consult any industrial 10 hygienist? 11 A. Not that I know. 12 Q. Or any medical personnel? 13 A. Not that I know. 14 Q. Did Sexauer consult any trade literature? 15 A. Not that I know. 16 Q. So the only action that Sexauer took in 17 response to a concern about asbestos hazards was to 18 send letters to the various vendors? 19 A. And rely on their answers. 20 Q. At any time prior to 1977, did you see warnings 21 regarding asbestos on any of the products that Sexauer 22 sold? 23 A. No, I did not. 24 Q. And Sexauer did not place any warnings on those 25 products? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 80 1 A. No, it did not. 2 May I get a drink of water? 3 MR. WALLACE: Can we go off the record for a 4 second? 5 MR. BOSL: Sure. 6 (Off the record .) 7 MR. WALLACE: Back on the record. 8 We've had a discussion, myself and counsel for 9 plaintiff, off the record and if I understand, you 10 think about 35, 30, 35 minutes more? 11 MR. BOSL: Somewhere around there. 12 MR. WALLACE: So we're going to continue even 13 though it's ten after 12:00 and lunch hour. We're 14 going to continue and try and conclude the deposition. 15 BY MR. BOSL: 16 Q. Sir, before we broke, we were talking about the 17 late '70s when Sexauer became aware that there were 18 some dangers relating to asbestos due to the concerns 19 of the Louisville workers. 20 When you got the response from the various 21 vendors, did you ask them what "encapsulation" meant? 22 A. No. I just presumed that asbestos fiber was 23 not floating free in the air. 24 Q. That was just based on your understanding of 25 the word "encapsulation"? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 81 1 A. Encapsulation. 2 Q. You mentioned that they told you that their 3 products contained chrysotile asbestos. 4 Do you have an understanding that there are 5 different types of asbestos? 6 A. I understand that there is other asbestos. 7 Q. Do you know what those other types are? 8 A. No, I do not. 9 Q. Are you aware one way or the other if the 10 different types of asbestos are more hazardous to 11 health than other types? 12 A. No, I do not know that. 13 Q. So you don't know whether or not chrysotile is 14 more dangerous or less dangerous than other types of 15 asbestos? 16 A. I have no way of comparing it. 17 Q. The representation that the vendors gave you 18 was that it was chrysotile. Did you do anything to 19 inquire of them what that meant? 20 A. No, I did not. 21 Q. How did you come to learn that there are 22 different types of asbestos? 23 A. In reading the interrogatories and so on. 24 Q. So you learned that after the late '70s and 25 after these discussions took place? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 82 1 A. Yes. 2 Q. So there was no discussion among yourself and 3 your other colleagues within Sexauer regarding the fact 4 that these products contained chrysotile? 5 A. No. 6 Q. And so just to recap, Sexauer -- you or anyone 7 else at Sexauer, to your knowledge, did no other 8 reading in types of books or anything else regarding 9 the hazards of asbestos? 10 A. Not that I know. 11 Q. Now, you mentioned that you read Mr. Duffy's 12 deposition testimony. Do you recall what products he 13 said that he and Louis V. Keller generally purchased 14 from Sexauer? 15 A. No, I don't. 16 Q. Do you recall that he testified that Sexauer - 17 I'm sorry -- that Keller purchased packing, asbestos 18 packing from Sexauer? 19 A. I don't recall that. 20 Q. When you read Mr. Duffy's deposition testimony, 21 was there anything that he testified about Sexauer that 22 you dispute? 23 MR. WALLACE: Do you understand his question? 24 THE WITNESS: I don't have committed to memory 25 what he testified about Sexauer. He made -- it was a Aiken & Welch Court Reporters C. Sbezzi 10-18-06 83 1 pretty thick document, and I don't recall anything that 2 sticks out. 3 BY MR. BOSL: 4 Q. Do you have any reason to dispute -- I'm going 5 to represent to you that Mr. Duffy testified that he, 6 when he worked for Keller, purchased asbestos packing 7 and wicking and lead joint runners from Sexauer. 8 Do you have any reason to dispute that? 9 MR. WALLACE: Objection. The question is 10 compound, overbroad, vague. 11 THE WITNESS: I don't know that -- I have no 12 records to show me that they bought that. 13 BY MR. BOSL: 14 Q. Sir, did Sexauer, prior to 1977, sell 15 asbestos-containing lead runners, joint runners? 16 A. Yes, sir. I believe that was our product. 17 Q. Do you recall where Sexauer purchased those 18 products from? 19 A. No, I do not. It was not a very popular or 20 used item. 21 Q. Do you know what a lead runner is used for? 22 A. I've been told it was used in soil pipe that's 23 put together. It's a pipe that is not copper or brass 24 or plastic that is threaded to join two pipes. But to 25 seal the joint, they tell me that the lead runner is Aiken & Welch Court Reporters C. Sbezzi 10-18-06 84 1 put around the place where the two pipes meet and then 2 molten lead is poured into it. And that seals the 3 joint. 4 Q. Do you know where on the lead runner the 5 asbestos was? 6 A. No, I do not. 7 Q. Sir, is Sexauer in possession today of any 8 catalogs from the 1960s or '70s? 9 MR. WALLACE: If you know. 10 THE WITNESS: Not that I know. Not that I 11 know. 12 BY MR. BOSL: 13 Q. Did you look for any catalogs? 14 A. There's no place to look. 15 Q. What do you mean by "there's no place to look"? 16 A. There's no one at the Sexauer building that 17 would have that knowledge, if there were catalogs 18 avai1able. 19 Q. Did you ask? 20 A. Yes, I did. 21 Q. Who did you ask? 22 A. I asked Rick Coulter. 23 Q. What is Mr. Coulter's position at Sexauer? 24 A. I don't have his title, but I know he worked on 25 catalogs in previous years. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 85 1 Q. Do you recall what year he started at Sexauer? 2 A. No , I don't. 3 Q. Do you recall what decade? 4 A. In the '60s or early '70s. 5 Q. And you asked Mr. Coulter whether or not 6 Sexauer has catalogs from the 1960s or '70s? 7 A. Yes. 8 Q. And his answer was that he did not know? 9 A. He did not have them. 10 Q. He did not have them. 11 MR. BOSL: I'd like to attach -- I believe it's 12 Exhibit G. 13 (Plaintiffs' Exhibit G 14 marked for Identification.) 15 BY MR. BOSL: 16 Q. For the record, these are J. A. Sexauer's First 17 Amended Responses to Plaintiffs' Interrogatories, Set 18 One, in the Amy Hogan case. 19 MR. WALLACE: Go ahead. 20 BY MR. BOSL: 21 Q. Sir, have you seen these before? 22 A. Yes, I have. 23 Q. When did you first see them? 24 A. The past month or six weeks ago. 25 Q. Did you read all of the responses in them? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 86 1 A. Yes, I did. 2 Q. I want to turn your attention to page 26. It 3 looks like there are two pages 26. So the second one. 4 Sir, is that your signature? 5 A. Yes, it is. 6 Q. It says here that you have read the foregoing 7 documents and you are informed and believe and on that 8 ground allege that the matters stated in it are true. 9 Did I read that right? 10 A. Yes. 11 Q. On what information did you base your responses 12 or your statement here? 13 MR. WALLACE: I'm going to object to the 14 question as vague and ambiguous. He says he's informed 15 and believed. That doesn't necessarily mean that he's 16 based it on information. He's informed and believed is 17 a legal term of art. So to the extent your question 18 tries to incorporate that in the manner in which it 19 did, it's vague. 20 You can answer it, if you understand it. 21 THE WITNESS: Ask it again, please. 22 BY MR. BOSL: 23 Q. Let's say it this way: On what basis did you 24 allege that the matters within these interrogatory 25 responses are true? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 87 1 A. On the basis of my knowledge of the question. 2 Q. So you didn't talk to anyone or read -- well, 3 you didn't talk to anyone prior to reviewing these 4 responses to get information? 5 MR. WALLACE: Objection. Assumes facts not in 6 evidence. 7 THE WITNESS: I don't want to make that general 8 statement without seeing the different questions. I 9 may have spoken to somebody on a question here and I 10 don't have them committed to memory. 11 BY MR. BOSL: 12 Q. Well, let me ask this globally. We talked 13 before about the various individuals that you asked and 14 talked to approximately a month ago. 15 Have you talked to anyone else during this 16 case, other than counsel, about the facts in this case? 17 A. No. 18 Q. And so any conversations that you might have 19 had with someone regarding the various answers in here, 20 in these responses, would have been during those 21 conversations that you had previously, that you talked 22 about previously? 23 A. Yes. 24 Q. Let me ask you, who is Mr., looking at page 5, 25 Tom Tossavaimen, Tossavaimen? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 88 1 A. Did you say page 5? 2 Q. Yes. 3 A. He is a person that I do not personally know, 4 but in inquiring if - 5 MR. WALLACE: You've answered his question. 6 BY MR. BOSL: 7 Q. Did you ask anyone who he is? 8 A. I didn't ask the question who he is. I asked 9 another question that that name was given to me. 10 Q. And what question did you ask? 11 A. Who would be the custodian of records at 12 Interline Brand. 13 Q. Does Interline Brands have an office in 14 Jacksonville, Florida? 15 A. I believe that's their headquarters. 16 Q. Is that the headquarters for J. A. Sexauer 17 today? 18 A. No. 19 Q. So J. A. Sexauer runs separately from Interline 20 Brands? 21 A. I believe so. 22 Q. So you have no personal knowledge of who 23 Mr. Tossavaimen is - 24 A. No, I don't. 25 Q. -- or his position within Interline Brands? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 89 1 A. No, I don't. 2 Q. And then, finally, turning to what we're going 3 to mark as Exhibit H. 4 (Plaintiffs' Exhibit H 5 marked for Identification.) 6 BY MR. BOSL: 7 Q. Have you seen this document before, J. A. 8 Sexauer Manufacturing Company, Inc.'s Response to 9 Plaintiffs' First Set of Dieden Interrogatories? 10 A. Yes, I have. 11 Q. When was the first time that you saw these? 12 A. Four to six weeks ago. 13 Q. And you read all of the responses therein? 14 A. Yes, I have. 15 Q. Same basic question: Going to page 30 - 16 MR. WALLACE: Give us a second, Counsel. 17 MR. BOSL: Sure. 18 BY MR. BOSL: 19 Q. Is that your signature there? 20 A. Yes, it is. 21 Q. In reviewing theseresponses, did you have any 22 conversations with any individuals other than what 23 we've already discussed? 24 A. I'd like to look at them before I can answer 25 that. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 90 1 Q. That's fine. 2 A. Because it covers everything that's in there. 3 Can I make a notation? 4 MR. WALLACE: No. 5 THE WITNESS: Could you repeat the question? 6 (Record read by the Reporter.) 7 THE WITNESS: The fact that this says what 8 we've already discussed covers interrogatory 25 where 9 Tom Tossavaimen came up. So it would be the same 10 answer. 11 Interrogatory No. 36 I discussed with my 12 counsel as to the captions and case numbers. 13 And interrogatory 53, I discussed that with 14 counsel . 15 MR. WALLACE: He's not asking you about 16 conversations with counsel. He's just asking you if 17 you talked to anybody else. 18 MR. BOSL: Right. 19 THE WITNESS: No, I have not. 20 BY MR. BOSL: 21 Q. And you made a comment, when reviewing it, that 22 you needed to make a notation. What was that comment 23 you were thinking of? 24 A. The comment was these are interrogatories that 25 I just mentioned. I didn't want to commit them to Aiken & Welch Court Reporters C. Sbezzi 10-18-06 91 1 memory. 2 Q. Did Sexauer ever begin warning its customers 3 about asbestos products that they sold? 4 A. Not that I know of. 5 Q. Did Sexauer ever discontinue selling asbestos 6 products? 7 A. As the manufacturer that we bought from 8 substituted other material for asbestos, the answer is 9 yes . 10 Q. To your knowledge, does Sexauer sell 11 asbestos-containing products today? 12 MR. WALLACE: If you know. Don't speculate. 13 THE WITNESS: Not that I know. 14 BY MR. BOSL: 15 Q. To your knowledge, did Sexauer sell 16 asbestos-containing products in 2000 when you retired? 17 A. Not that I know. 18 Q. I think we're just about done here. 19 Did Sexauer ever sell transite pipe? 20 A. No. 21 Q. Did Sexauer ever sell sewer pipe? 22 A. No. 23 Q. Did Sexauer ever sell electrical pipe? 24 A. No. 25 Q. Did Sexauer ever sell flue pipe? Aiken & Welch Court Reporters C. Sbezzi 10-18-06 92 1 A. No. 2 Q. Did Sexauer ever sel 1 pipe insulation? 3 A. No . 4 Q. Did Sexauer ever sel 1 block insulation? 5 A. No. 6 Q. Did Sexauer ever sel 1 85 percent magnesium 7 insulation? 8 A. No . 9 Q. Di d Sexauer ever sel 1 calcium silicate 10 insulation? 11 A. No. 12 Q. Did Sexauer ever sel 1 any insulation products? 13 A. No. 14 Q. Did Sexauer ever sel 1 cement products? 15 A. No. 16 Q. Did Sexauer ever sel 1 duct insulation? 17 A. No. 18 Q. Di d Sexauer ever sel 1 drywall products? 19 A. No. 20 Q. Was Sexauer a member of any professional or 21 trade organization during the 1960s and '70s? 22 A. No. 23 Q. Was Sexauer a member of the National Safety 24 Counci 1? 25 A. No. Aiken & Welch Court Reporters C. Sbezzi 10-18-06 93 1 MR. BOSL: Sir, I think that's all I have for 2 you today. I thank you for your time. 3 THE WITNESS: Thank you for your courtesies. 4 MR. WALLACE: Any other counsel? 5 MR. WILSON: I have no questions. 6 MR. WALLACE: Hearing no questions, that will 7 conclude. 8 With respect to signing, can we have a 9 stipulation that the witness can sign off on the 10 deposition outside the presence of a notary? 11 MR. BOSL: That's fine. 12 MR. WALLACE: That the witness can sign off on 13 a copy? 14 MR. BOSL: Yes. 15 MR. WALLACE: And provide any necessary changes 16 through counsel to the reporter? 17 MR. BOSL: Yes. That's fine. 18 MR. WALLACE: To be included with the original? 19 MR. BOSL: Yes. That's fine. 20 MR. WALLACE: Okay. 21 MR. BOSL: And the other thing that I would 22 state is a reminder that I had asked earlier in the 23 deposition for copies of the prior deposition 24 transcripts. 25 MR. WALLACE: So noted. And Ms. Portillo is Aiken & Welch Court Reporters C. Sbezzi 10-18-06 94 1 going to be addressing that when we return to the 2 office. Otherwise, the deposition is concluded. 3 (Whereupon, the deposition was concluded 4 at 12:41 p.m.) 5 6 7 8 9 SIGNATURE OF WITNESS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Aiken & Welch Court Reporters C. Sbezzi 10-18-06 95 1 STATE OF CALIFORNIA ) 2 3 COUNTY OF ALAMEDA ) ) 4 5 I, DENISE M. LOMBARDO, do hereby certify: 6 That CARMELO SBEZZI, in the foregoing deposition 7 named, was present and by me sworn as a witness in the 8 above-entitled action at the time and place therein 9 specified; 10 That said deposition was taken before me at said 11 time and place, and was taken down in shorthand by me, 12 a Certified Shorthand Reporter of the State of 13 California, and was thereafter transcribed into 14 typewriting, and that the foregoing transcript 15 constitutes a full, true and correct report of said 16 deposition and of the proceedings that took place; 17 IN WITNESS WHEREOF, I have hereunder subscribed my 18 hand this 23rd day of October 2006. 19 20 21 22 23 HWu ajzj TY1, cftinYiAzL'L.cfec DENISE M. LOMBARDO, CSR No 5419 24 State of California 25 Aiken & Welch Court Reporters C. Sbezzi 10-18-06 1 Gordon D. Greenwood, Esq. (C.S.B. #136097) Justin A. Bosl, Esq. (C.S.B. #241117) 2 KAZAN, McCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD 3 A Professional Law Corporation 171 Twelfth Street, Third Floor 4 Oakland, California 94607 Telephone: (510)465-7728 5 Attorneys for Plaintiffs 6 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA 10 11 AMY HOGAN, et al., 12 Plaintiffs, 13 vs. 14 ALCOA, INC., et al., 15 Defendants. 16 17 No. RG05193478 NOTICE OF TAKING THE DEPOSITION OF DEFENDANT J.A. SEXAUER MANUFACTURING CO., INC.'s PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS DATE: October 2, 2006 TIME: COR: 10:00 a.m. PMK: 1:30 p.m. 18 PLACE: Kazan, McClain, et al. 171 - 12th Street, 3rd Floor 19 Oakland, CA 94607 20 TO EACH PARTY AND ATTORNEY OF RE( :ORD IN THIS ACTION: 21 PLEASE TAKE NOTICE that plaintiffs, through their counsel, will take the 22 deposition of the Custodian(s) of Records for defendant J.A. Sexauer Manufacturing 23 Co., In. (hereafter DEFENDANT) at the offices of Kazan, McClain, Abrams, Fernandez, 24 Lyons, Farrise & Greenwood, A Professional Law Corporation, 171 Twelfth Street, Third 25 Floor, Oakland, CA 94607, commencing at 10:00 a.m. on October 2, 2006 and 26 continuing from day to day until completed. The deposition will be taken before a duly 27 authorized Notary Public and will be recorded stenographically and through instant visual 28 display pursuant to C.C.P. 2025.220(a)(5). NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK/COR 1 1 The deponent, J.A. Sexauer Manufacturing Co., Inc., is a party to this action and 2 is required to produce the following documents, records, or other materials at said 3 deposition: 4 1. All DOCUMENTS that contain information regarding DEFENDANT'S RECORD 5 RETENTION POLICY. . 6 "DOCUMENTS" shall refer to all manually, mechanically or electronically written or 7 recorded audio or visual materials and computer files known to defendant, including but 8 not limited to databases, electronic mail messages, financial data, spreadsheets, 9 accounting system information, indices of computer records, correspondence, 10 memoranda, telegrams, notations, records, receipts, invoices, bills, purchase orders, 11 sales records, delivery records, shipping manifests, bids, contracts, contract logs, 12 catalogs, specifications, approved material submittals and change orders, as-built 13 specifications, applications specifications, blueprints, plans, diagrams, indexes, computer- 14 stored records, computer record indexes, microfilms, microfiche, warranties, guarantees, 15 calendars, diaries, videotapes, photographs, tape recordings, asbestos surveys, asbestos 16 sample testing reports, abatement reports, books, brochures, safety manuals, union 17 regulations, company regulations, depositions, trial testimony, trial exhibits, and 18 statements. 19 "DEFENDANT" shall refer to defendant J.A. Sexauer Manufacturing Co., Inc., and 20 to its parent entities, predecessors, subsidiaries, divisions, and contract units. 21 "RECORD RETENTION POLICY" shall refer to any policy pursuant to which 22 defendant's DOCUMENTS are maintained or destroyed, including the legal and financial 23 basis for deciding how long to retain documents, the period of time required and what 24 categories of documents are subject to defendant's document retention policy. 25 2. All DOCUMENTS that contain information regarding DEFENDANT'S 26 RELATIONSFIIP with Interline Brands, Inc. at all times. 27 "RELATIONSHIP" shall refer to each and every interest, business transaction 28 and/or association, including but not limited to successor, equitable trustee, association, NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO. 's PMK/COR 2 1 partnership, subsidiary, division, predecessor, parent company, sister company, alter ego, 2 merger, coordinated operation, combined operation, shared operation, purchase, sale, 3 agreement, contract, shared facility, real property interest, shared accounting and/or 4 financing activity between DEFENDANT and the referenced entity. 5 3. All DOCUMENTS that contain information regarding ownership interest Interline 6 Brands, Inc., has had in DEFENDANT at any time. 7 4. All DOCUMENTS that contain information regarding Interline Brands, Inc. using 8 its financial resources to satisfy the OBLIGATIONS of DEFENDANT. 9 "OBLIGATIONS" shall refer to salaries, expenses, loans, liabilities, losses or other 10 costs. 11 5. All DOCUMENTS that contain information regarding insurance policies held by 12 Interline Brands, Inc. which include coverage for DEFENDANT for liability in asbestos- 13 related lawsuits. 14 6. All DOCUMENTS that contain information regarding liabilities Interline Brands, 15 Inc. acquired from DEFENDANT for asbestos-related injuries. 16 7. Please DESCRIBE all DOCUMENTS that contain information regarding 17 Interline Brands Inc.'s liability for products DISTRIBUTED by DEFENDANT prior to 1977. 18 "DISTRIBUTE(D)," "DISTRIBUTION" shall refer to sale, supply, shipment, delivery, 19 provision and/or distribution. 20 8. All DOCUMENTS that contain information regarding ASBESTOS-CONTAINING 21 PRODUCTS DEFENDANT manufactured prior to 1977. 22 "ASBESTOS-CONTAINING PRODUCTS" shall refer to any and all products that 23 contain any asbestos dust or fiber, including but not limited to gaskets, packing, wicking, 24 yarn, washers, joint runners, insulation, oakum, sheet packing, transite piping and valves. 25 Ill 26 III 27 III . 28 Ill NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK/COR 3 1 9. All DOCUMENTS that contain information regarding the ASBESTOS 2 CONTENT of ASBESTOS-CONTAINING PRODUCT DEFENDANT manufactured prior to 3 1977. 4 "ASBESTOS CONTENT" shall refer to the quantity of each and every type of 5 asbestos fiber, including but not limited to chrysotile, amosite, crocidolite, tremolite, talc, 6 and talc ore, contained in each product, measured by percentage, volume, weight or 7 mass. 8 10. All DOCUMENTS that contain information regarding the sources from which 9 DEFENDANT obtained the asbestos included in the ASBESTOS-CONTAINING 10 PRODUCTS DEFENDANT manufactured prior to 1977. 11 11. All DOCUMENTS that contain information regarding DEFENDANT'S 12 DISTRIBUTION of ASBESTOS-CONTAINING PRODUCTS in the BAY AREA prior to 13 1977. 14 "BAY AREA" shall include San Francisco, Alameda, Marin, Solano, Santa Clara, 15 San Joaquin, Napa, Sonoma and Mendocino Counties in the State of California. 16 12. All DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for 17 DISTRIBUTION in the BAY AREA prior to 1977. 18 13. All DOCUMENTS that IDENTIFY DEFENDANT'S distributors in the BAY AREA 19 prior to 1977. 20 14. All DOCUMENTS that IDENTIFY DEFENDANT'S sales representatives in the 21 BAY AREA prior to 1977. 22 15. All DOCUMENTS that contain information regarding DEFENDANT'S SUPPLY 23 of ASBESTOS-CONTAINING PRODUCTS to EMPLOYERS. 24 "SUPPLY(IED)" shall refer to sale, shipment, delivery, provision and/or distribution. 25 "EMPLOYERS" shall refer to the following, decedent Hogan's employers, for the 26 time periods listed: 27 1) Moore Dry Dock Company, Oakland, CA, prior to 1956; 28 2) Servadei Service, Inc., San Francisco, CA, prior to 1963; NOTICE OF TAKING THE DEPOSITION OF I.A. SEXAUER MANUFACTURING CO.'s PMK7COR 4 1 3) Siro Viacava aka Siros Plumbing, San Francisco, CA, or Siros Plumbing & 2 Heating, Inc., Millbrae, CA, prior to 1966; 3 4) Jack Rosen, Inc., San Francisco, CA, prior to 1967; 4 5) Sam Wallace Co. of Northern California, Inc., prior to 1968; 5 6) Higgins Plumbing, San Francisco, CA, prior to 1968; 6 7) Louis V. Keller, San Francisco, CA, prior to 1976; 7 8) Harry Lee Plumbing & Heating Inc., Burlingame, CA, prior to 1977. 8 16. All DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for 9 sales to EMPLOYERS. 10 17. All DOCUMENTS that contain information regarding DEFENDANT'S 11 SUPPLY of ASBESTOS-CONTAINING PRODUCTS to any CONTRACTOR prior to 1977. 12 "CONTRACTOR(S)" shall refer to all contractors and sub-contractors, including but 13 not limited to general contractors, insulation contractors, erection contractors, setting 14 contractors, heating, ventilation and air conditioning (HVAC) contractors, fireproofing 15 application contractors, boiler installation contractors, sheet metal contractors, drywall 16 contractors, plastering contractors, acoustical materials contractors, mechanical 17 contractors, plumbing contractors, electrical contractors, flooring contractors, and/or wall 18 finishing contractors, including but not limited to Keller, Plumbing, Frank D. Smith 19 Plasterers, Pierce Lathing, Standard Insulation, Structural Fireproofing, FDCC California, 20 Inc., Malachi, All City Steam, Nibbi Construction, Dinwiddie Construction Company, 21 Swinerton Builders, Swinerton Incorporated, Swinerton & Walberg, Douglass Insulation 22 Co., Plant Construction, Golden Gate Drywall, Marconi Plastering Company, Inc., J.T. 23 Thorpe & Son, Inc., D. Zelinsky & Sons, Inc., Thomas Dee Engineering Co. 24 18. All DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for 25 sales to CONTRACTORS to prior to 1977. 26 19. All DOCUMENTS that contain information regarding DEFENDANT'S 27 SUPPLY of ASBESTOS-CONTAINING PRODUCTS to WORK SITE(S) prior to 1977. 28 "WORK SITES" shall refer to any of the following locations prior to 1977: NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK/COR 5 1 1) 100 Pine Street, San Francisco, California; 2 2) 120 Montgomery Street, San Francisco, CA; 3 3) Adam Grant Building, 114 Sansome St., San Francisco, CA; 4 4) Alcoa Building, One Maritime Plaza, San Francisco, CA; 5 5) Army Street Pier, San Francisco, CA; 6 6) Bechtel Building, 50 Beale Street, San Francisco, CA; 7 7) Bechtel Building, 45 Fremont Street, San Francisco, CA; 8 8) Bechtel Building 221 Main Street, San Francisco, CA; 9 9) California Pine (Cal-Pine) Apartments, California St., San Francisco, CA; 10 10) Children's Hospital, 3700 California Street, San Francisco, CA; 11 11) Crown Zellerbach Building, 1 Bush St., San Francisco, CA; 12 12) Ecole Notre Dame des Victoires, 659 Pine St., San Francisco, CA; 13 13) Emporium Building, 835-865 Market St., San Francisco, CA; 14 14) Emporium Daly City, 3 Serramonte Center, Daly City, CA; 15 15) Emporium Stonestown, 1 Stonestown Mall, San Francisco, CA; 16 16) Fairmont Hotel, 950 Mason St., San Francisco, CA; 17 17) Flood Building, 870 Market Street, 71 Ellis St., San Francisco, CA; 18 18) French American International School, 150 Oak St., San Francisco, CA; 19 19) Horace Mann Junior High School, 3351 23rd St., San Francisco, CA; 20 20) I. Magnin Building, 233 Geary Blvd., San Francisco, CA; 21 21) Longfellow Elementary School, 755 Morse Street, San Francisco, CA; 22 22) Macy's Building, 239 - 281 Geary Blvd., 170 O'Farrell St. San Francisco, CA; 23 23) Macy's, 3 Serramonte Center, Daly City, CA; 24 24) Mark Hopkins Hotel, #1 Nob Hill/999 California St., San Francisco, CA; 25 25) Matson Building, 100 Mission St., San Francisco, CA; 26 26) Mission High School, 3750 18th St., San Francisco, CA; 27 27) Moore Dry Dock, Oakland, CA; 28 28) Pets Unlimited, 2343 Fillmore St., San Francisco, CA; NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK/COR 6 1 29) Phelan Building, 760 Market St., San Francisco, CA; 2 30) San Francisco General Hospital, 1001 Potrero Avenue, San Francisco, CA; 3 31) Shreve Building, 210 Post St., San Francisco, CA; 4 32) Singer Sewing Machine Building, 41 Stockton Street, San Francisco CA; 5 33) Standard Oil Building, 225 Bush St., San Francisco, CA; 6 34) Standard Oil Building, 115 Sansome Street, San Francisco, CA; 7 35) Standard Oil Building 555 Market St., San Francisco, CA; 8 36) Standard Oil Building 575 Market St., San Francisco, CA; 9 37) St. Francis Hotel Building, 335 Powell St., San Francisco, CA; 10 38) St. Francis Hotel Building, 421 Post St., San Francisco, CA; 11 39) St. Luke's Hospital, 3555 Cesar Chavez, formerly Army Street, San Francisco, 12 CA; 13 40) Wells Fargo Bank Building, First/Market Streets dr Market/Main Streets, San 14 Francisco, CA; . 15 41) Wells Fargo Bank Building, Montgomery/Post Streets, San Francisco, CA; 16 42) Wells Fargo Bank Sansome Computer Center, 394 Pacific St., San Francisco, 17 CA; 18 43) Any and all buildings and/or structures located at The Presidio, San Francisco, 19 CA. 20 20. All DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for 21 sales to WORK SITES prior to 1977. 22 21. All DOCUMENTS that contain information regarding procedures 23 DEFENDANT recommended for the HANDLING of ASBESTOS-CONTAINING 24 PRODUCTS DEFENDANT SUPPLIED prior to 1977. 25 "HANDLING" shall refer to the installation, removal, repair, handling, disturbance, 26 or manipulation in any manner of said products. 27 22. All DOCUMENTS that DEFENDANT provided to anyone regarding the 28 HAZARDS OF ASBESTOS at any time prior to 1977. NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK/COR 7 1 "HAZARDS OF ASBESTOS" shall refer to the deadly nature of asbestos, including 2 but not limited to the hazards of inhaling asbestos fibers. 3 23. All DOCUMENTS that contain information regarding how DEFENDANT first 4 learned of the association between inhaling asbestos fibers and disease in human beings. 5 24. All DOCUMENTS in DEFENDANT'S possession prior to 1977 relating to the 6 association between inhaling asbestos fibers and disease in human beings. 7 25. All DOCUMENTS that contain information regarding industrial hygienists 8 DEFENDANT employed prior to 1977. 9 26. All DOCUMENTS DEFENDANT received prior to 1977 regarding the results 10 of any test or study on the health consequences of inhaling asbestos fibers. 11 YOU ARE FURTHER NOTIFIED THAT THE DEPOSITION OF THE Persons(s) 12 who is currently employed by J.A. Sexauer Manufacturing Co., Inc. who is Most 13 Knowledgeable about one or more of the matters set forth below will be taken at the 14 offices of Kazan, McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood, A 15 Professional Law Corporation, 171 Twelfth Street, Third Floor, Oakland, CA 94607, 16 commencing at 1:30 p.m. on October 2, 2006 and continuing from day to day thereafter 17 until completed. 18 The deponent, J.A. Sexauer Manufacturing Co., Inc., is not a natural person, and 19 therefore it is required pursuant to Code of Civil Procedure 2025.230 to designate its 20 "Person(s) Most Knowledgeable" from among its officers, directors, managing agents,, 21 employees or agents to testify regarding each of the matters set forth below: 22 1. DEFENDANT'S RECORD RETENTION POLICY. 23 Ill 24 /// 25 ih 26 m 27 m 28 in NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK7COR 8 1 2. DEFENDANT'S RELATIONSHIP with Interline Brands, Inc. at all times. 2 3. Ownership interest Interline Brands, Inc., has had in DEFENDANT at any time. 3 4. Interline Brands, Inc.'s use of its financial resources to satisfy the 4 OBLIGATIONS of DEFENDANT. 5 5. Insurance policies held by Interline Brands, Inc. which include coverage for 6 DEFENDANT for liability in asbestos-related lawsuits. 7 6. Liabilities Interline Brands, Inc. acquired from DEFENDANT for asbestos8 related injuries. 9 7. Interline Brands Inc.'s liability for products DISTRIBUTED by DEFENDANT 10 prior to 1977. 11 8. ASBESTOS-CONTAINING PRODUCTS DEFENDANT manufactured prior to 12 1977. 13 9. The ASBESTOS CONTENT of ASBESTOS-CONTAINING PRODUCT 14 DEFENDANT manufactured prior to 1977. 15 10. Sources from which DEFENDANT obtained the asbestos included in the 16 ASBESTOS-CONTAINING PRODUCTS DEFENDANT manufactured prior to 1977. 17 11. DEFENDANT'S DISTRIBUTION of ASBESTOS-CONTAINING PRODUCTS in 18 the BAY AREA prior to 1977. 19 12. DEFENDANT'S employees responsible for DISTRIBUTION in the BAY AREA 20 prior to 1977. 21 13. DEFENDANT'S distributors in the BAY AREA prior to 1977. 22 14. DEFENDANT'S sales representatives in the BAY AREA prior to 1977. 23 15. DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING PRODUCTS to 24 EMPLOYERS. 25 16. DEFENDANT'S employees responsible for sales to EMPLOYERS. 26 17. DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING PRODUCTS to any 27 CONTRACTOR prior to 1977. 28 Ill NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK7COR 9 1 18. DEFENDANT'S employees responsible for sales to CONTRACTORS to 2 prior to 1977. 3 19. DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING PRODUCTS to 4 WORK SITE(S) prior to 1977. 5 20. DEFENDANT'S employees responsible for sales to WORK SITES prior to 6 1977. 7 21. Procedures DEFENDANT recommended for the FIANDIJNG of 8 ASBESTOS-CONTAINING PRODUCTS DEFENDANT SUPPLIED prior to 1977. 9 22. Information DEFENDANT provided to anyone regarding the HAZARDS OF 10 ASBESTOS at any time prior to 1977. 11 23. How DEFENDANT first learned of the association between inhaling 12 asbestos fibers and disease in human beings. 13 24. Industrial hygienists DEFENDANT employed prior to 1977. 14 26. Information DEFENDANT received prior to 1977 regarding the results of any 15 test or study on the health consequences of inhaling asbestos fibers. 16 17 DATED: September 18, 2006 Z, 18 19 By 20 21 Attorneys for Plaintiffs 22 23 24 25 26 27 28 NOTICE OF TAKING THE DEPOSITION OF J.A. SEXAUER MANUFACTURING CO.'s PMK/COR 10 1 PROOF OF SERVICE Amy Hogan, et al. v. Alcoa Inc., et al. 2 Alameda County Superior Court No. RG 04154680 (Consolidated with Case No. RG04193478) 3 I declare that: 4 I am employed in the County of Alameda, State of California. I am over the age 5 of 18 years and not a party to the within action. My business address is 171 Twelfth Street, Third Floor, Oakland, California 94607. 6 On September 18, 2006, I served the following document(s): 7 NOTICE OF TAKING THE DEPOSITION OF DEFENDANT J.A. SEXAUER 8 MANUFACTURING CO., INC.'S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS 9 by transmitting a true copy to: 10 Gabriel Jackson, Esq. 11 Peter Renstrom, Esq. JACKSON & WALLACE 12 55 Francisco Street, 6th Floor San Francisco, CA 94133 13 via the following method: 14 X (By Personal Service) By personally delivering a true copy thereof to the 15 office of the addressee above. 16 and by transmitting a true copy to: 17 ALL DEFENSE COUNSEL (SEE ATTACHED SERVICE LIST) 18 via the following method: 19 (By Facsimile Machine [FAX]) By personally transmitting a true copy thereof via an electronic facsimile machine between the hours of 9:00 20 a.m. and 5:00 p.m. 21 X (By Mail) I am readily familiar with this office's business practice for collection and processing of correspondence for mailing with the United 22 States Postal Service. This document, which is in an envelope addressed as stated above, will be sealed with postage fully prepaid and will be 23 deposited with the United States Postal Service this date in the ordinary course of business. 24 I declare under penalty of perjury under the laws of the State of California that 25 the foregoing is true and correct. Executed on September 18, 2006, at Oakland, California. 26 27 Modern Express Tracking No. 171290 28 5.1 1 SERVICE LIST Consolidated for multiple cases September 18, 2006 10:23 AM Cases: Hogan, Amy (Clayton) [NE 1365] BASSI, MARTINI, EDLIN & BLUM 351 California, Suite 200, San Francisco, CA 94104 FOR: J.T. THORPE & SON, INC. PH: (415)397-9006 FAX: (415) 397-1339 BERRY & BERRY P.O. Box 16070, Oakland, CA 94610 FOR: DESIGNATED DEFENSE COUNSEL PH: (510)835-8330 FAX: (510) 835-5117 CARROLL, BURDICK & MCDONOUGH 44 Montgomery Street, Suite 400, San Francisco, CA 94104 FOR: STARWOOD HOTELS AND RESORTS WORLDWIDE, INC. PH: (415)989-5900 FAX: (415) 989-0932 COUNSEL UNKNOWN FOR: C. MARCONI, INC.; INTERLINE BRANDS, INC.; INTERLINE BRANDS, INC./sii/pae/et/J.A. SEXAUER MANUFACTURING CO, INC.; OCEAN SHORE IRON WORKS GLASPY & GLASPY One Walnut Creek Center, 100 Pringle Ave Ste 750, Walnut Creek, CA 94596 FOR: GARLOCK SEALING TECHNOLOGIES LLC; GARLOCK SEALING TECHNOLOGIES LLC/sii/pae/alt/eqt/GARLOCK, INC. PH: (925)947-1300 FAX: (925) 947-1594 GORDON & REES Embarcadero Center West, 275 Battery Street, 20th Floor, San Francisco, CA 94111 FOR: GOODYEAR TIRE & RUBBER COMPANY PH: (415)986-5900 FAX: (415) 986-8054 HAIGHT BROWN & BONESTEEL LLP 71 Stevenson Street, 20th Floor, San Francisco, CA 94)05-2981 FOR: KENT1LE FLOORS, INC. PH: (415)546-7500 FAX: 4)5-546-7505 HASSARD BONNINGTON 2 Embarcadero Center, Suite 1800, San Francisco, CA 94111 FOR: KAISER GYPSUM COMPANY, INC.; SEQUOIA VENTURES, INC. PH: (415)288-9800 FAX: (4)5)288-9802 JACKSON & WALLACE 55 Francisco Street, Sixth Floor, San Francisco, CA 94133 FOR: J.A. SEXAUER MANUFACTURING CO., INC. PH: (415)982-6300 FAX: (415) 982-6700 KASOWITZ, BENSON, TORRES, FRIEDMAN One Market, Spear Tower, Suite 3600, San Francisco, CA 94)05 FOR: CYPRUS AMAX MINERALS COMPANY PH: 415-293-8241 FAX: 415-293-800) KIRKPATRICK LOCKHART NICHOLSON GRAHAM, LLP Four Embarcadero Center, 10th Floor, San Francisco, CA 94111 FOR: CRANE COMPANY PH: 415-249-1000 FAX: 415-249-1001 LAW OFFICES OF JOHN M. GREGORY 1733 Woodside Road,, Redwood City, CA 94061 FOR: PLANT INSULATION COMPANY PH: 650-368-0400 FAX: 650-368-0407 LUCINDA L. STORM 6I0A Third Street, San Francisco, CA 94)07 FOR: DURABLA MANUFACTURING CO. PH: (415)777-6990 FAX: (415) 777-6992 LYNCH, GILARDI & GRUMMER 475 Sansome Street, Suite 1800, San Francisco, CA 94111 FOR: SWINERTON BUILDERS; SWINERTON INCORPORATED PH: (415)397-2800 FAX: (415)397-0937 MARK H. ROSENTHAL, Esq. Law Offices of Mark H. Rosenthal, 44 Montgomery Street, Suite 4020, San Francisco, CA 94104-4612 FOR: CROWN, CORK & SEAL /sii/ MUNDET CORK PH: (415)986-1364 FAX: (415)291-1984 SERVICE LIST Consolidated for multiple cases McKenna, long & aldridge 101 California Street, 41 st Floor, San Francisco, CA 94111 FOR: D. ZELINSKY & SONS INCORPORATED September 18,2006 10:23 AM Page Two PH: (415)267-4000 FAX: (415) 267-4198 PR1NDLE, DECKER & AMARO 369 Pine Street, Suite 800, San Francisco, CA 94104 FOR: AMERICAN STANDARD INC.; AMERICAN STANDARD/sii/par/alt/eqt/AMSTAN and AMERICAN RADIATOR CO. PH: (415)788-8354 FAX: (415) 788-3625 STEEFEL, LEVITT & WEISS One Embarcadero Center, 30th Floor, San Francisco, CA 94111 FOR: FERGUSON ENTERPRISES, INC.; FERGUSON ENTERPRISES, INC/sii/pae/et/WESTBURN E SUPPLY fdba P.E. O'HAIR; P.E. O'HAIR PH: (415)788-0900 FAX: (415) 788-2019 STEPTOE & JOHNSON 633 West Fifth Street, Suite 700, Los Angeles, CA 90071 FOR: METROPOLITAN LIFE INSURANCE COMPANY PH: (213)439-9400 FAX: (213)439-9599 TRAVIS & PON Attn: Monte Travis, 2271 California Street, San Francisco, CA 94115 FOR: PLANT INSULATION COMPANY PH: (415)923-1200 FAX: (415) 673-6263 WALSWORTH, FRANKLIN, BEVINS & McCALL - THOMAS DEE 601 Montgomery Street, 9th Floor, San Francisco, CA 94111 FOR: THOMAS DEE ENGINEERING COMPANY PH: (4)5)781-7072 FAX: (415) 391-6258 End of Service List ] GABRIEL A. JACKSON, State Bar No. 98119 PETER K. RENSTROM. State Bar No. 148459 2 ANA T. PORTILLO, State Bar No. 206193 JACKSON & WALLACE LLP 3 55 Francisco Street, 6th Floor San Francisco, CA 94133 4 Tel: 415.982.6300 Fax: 415.982.6700 5 Attorneys for Defendant 6 J.A. SEXAUER 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA 10 11 CLAYTON HOGAN AND AMY HOGAN, 12 Plaintiff, 13 v. 14 ALCOA, INC, 15 Defendant. 16 Case No. 4154680 OBJECTION OF DEFENDANT J.A. SEXAUER COMPANY TO PLAINTIFFS' NOTICE OF DEPOSITION OF J.A. SEXAUER'S PERSON MOST KNOWLEDGEABLE AND CUSTODIAN OF RECORDS AND REQUEST TO PRODUCE DOCUMENTS AT DEPOSITION 17 18 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 NOTICE IS HEREBY GIVEN that Defendant J.A. SEXAUER("DEFENDANT"), on its 21 own behalf and on behalf of no other party or entity, hereby objects to Plaintiffs' Notice of 22 Deposition of J.A. SEXAUER's Person Most Knowledgeable and Custodian of Records and 23 Request to Produce Documents at Deposition on the grounds set forth below. 24 25 I. GENERAL OBJECTIONS 26 DEFENDANT generally objects to plaintiffs' deposition notice on the grounds that the 27 notice is overly broad in scope and time, Jacking in foundation, vague, ambiguous, unintelligible, 1217920 1 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT also 2 objects to plaintiffs' deposition notice on the grounds that plaintiffs' categories of documents to be 3 produced are vague, ambiguous, unintelligible, burdensome, oppressive, not relevant to the 4 above-captioned action, not reasonably calculated to lead to the discovery of admissible evidence 5 and designed to harass and annoy DEFENDANT. 6 DEFENDANT further objects to plaintiffs' Notice as plaintiffs have not demonstrated that 7 the information sought cannot be obtained by less intrusive means as required by Code of Civil 8 Procedure Section 2019.030(a)(1). As such, this notice is intended solely to harass and annoy 9 DEFENDANT, as well as incur unreasonable and unnecessary expense. 10 In addition, DEFENDANT objects to plaintiffs' notice to the extent that it calls for the 11 production of documents so distant in time as to make discovery of such information virtually 12 impossible, as well as impractical, burdensome and oppressive. DEFENDANT'S past records and 13 documents, if any, relating to this notice may have been misplaced, lost, destroyed, damaged or 14 are no longer in existence, making discovery of such information impossible. Further, persons 15 with knowledge of such information, if any, are no longer employed by DEFENDANT, are 16 deceased, or their memories are vague, so as to make discovery of such information impossible. 17 DEFENDANT also objects to this notice and requests to produce documents on the 18 grounds that it fails to comply with Code of Civil Procedure Section 2025.220(a)(4) insofar as it 19 does not set forth with sufficient particularity the materials and/or categories of materials which 20 are to be produced by DEFENDANT; on the grounds that the requests to produce documents are 21 vague, ambiguous, unintelligible, overly broad in scope and time, burdensome and oppressive; to 22 the extent that the requests call for the disclosure of documents which are protected from 23 disclosure by the attorney-client privilege, the work-product privilege and any other applicable 24 privilege; and to the extent that the requests seek the disclosure of confidential financial 25 information, trade secrets, and/or other proprietary information. Additionally, DEFENDANT objects to this notice on the grounds that the date and time selected by plaintiffs' counsel were not cleared in advance with counsel for DEFENDANT. The date and time unilaterally selected by plaintiffs' counsel is not available for DEFENDANT and 1217920 2 ----- ----------------------------------------- !------------------------------------------------------------------/ ] DEFENDANT'S counsel. 2 DEFENDANT further objects to this notice on the grounds that the notice fails to comply 3 with Code of Civil Procedure Section 2025.220(a)(4) insofar as the same does not set forth with 4 sufficient particularity the materials and/or categories of materials which are to be produced by 5 DEFENDANT. DEFENDANT also objects to plaintiffs' definitions contained therein as being 6 vague, ambiguous, unintelligible, overly broad, not relevant and not reasonably calculated to lead 7 to the discovery of admissible evidence. Specifically, DEFENDANT objects to plaintiffs' 8 definitions of''ASBESTOS-CONTAINING PRODUCTS", "DOCUMENTS", "PERSON", 9 "WRITINGS", "PERSONS", "PERTAINING TO", "JOBSITES", "CUSTOMERS", 10 "PLAINTIFF", "SUPPLY", "SUPPLIER", "SUPPLIED", "RELEVANT TIME PERIODS", 11 "IDENTIFY", "IDENTIFYING", "USED", "USE", "YOU", and "YOUR" as being vague, 12 ambiguous, unintelligible, overly broad, not relevant and not reasonably calculated to lead to the 13 discovery of admissible evidence. 14 In addition Plaintiffs' categories of requested information and requests to produce 15 documents are overly broad in scope and time, burdensome and oppressive because plaintiffs' 16 claim against DEFENDANT is that Clayton Hogan was allegedly exposed to asbestos-containing 17 components manufactured by DEFENDANT and allegedly used at numerous sites located in the 18 State of California which Plaintiffs allegedly performed duties as a plumber sometime between 19 1967 to 1975. However, most of Plaintiffs' requests for production of documents contain no time 20 limitations and are not limited to the work sites at issue in this case. 21 DEFENDANT objects to Plaintiffs' Notice as Plaintiffs have not demonstrated that the 22 information sought cannot be obtained by less intrusive means as required by Code of Civil 23 Procedure Section 2019.030(a)(1). This Notice is burdensome and oppressive as it would require 24 a great deal of hours and manpower to ascertain whether any documents exist that respond to the 25 request for production of documents based on the inadequacy of the specific requests. As such, 26 this Notice is intended solely to harass and annoy this Defendant, as well as incur unreasonable 27 and unnecessary expense. 28 Plaintiffs' Notice is further objected to on the grounds and to the extent that it requires ACE 1217920 3 1 DEFENDANT to conduct independent investigation, evaluation and make determinations to what 2 products, if any, that were supplied that contained raw asbestos or any product, materials, 3 supplies or equipment that contain or include any amount or percentage of mineral asbestos in 4 whole or in mixture with other products or materials. 5 DEFENDANT states that certain categories in the Notice seek information about products 6 that have not been put in issue by Plaintiffs' pleadings in this action. As such, the Notice is an 7 improper and unfair attempt by Plaintiffs to avoid his fundamental burden of establishing product 8 identification as a basis for initiating this lawsuit against DEFENDANT. 9 Based on the overbreath and vagueness of the information sought, and based upon the 10 potentially privileged nature of the information being sought, and further based on the noticing 1] party's failure to comply with the provisions of C.C.P. 2025.220(a) (4), DEFENDANT objects 12 to all categories on the grounds that they are vague, ambiguous, overbroad, and not limited in 13 scope, time, and/or place. 14 DEFENDANT objects to the Notice as DEFENDANT is under no obligation to produce 15 any relevant documents in its possession two days prior to the commencement of the obligation. 16 See C.C.P. 2025.280(a). 17 DEFENDANT hereby incorporates by reference each and every objection set forth above 18 in its objections to the specific categories of information and documentation sought by plaintiffs' 19 notice. Specifically, DEFENDANT also objects to the following categories of documents 20 requested to be produced by DEFENDANT'S custodian of records at the deposition on the 21 following grounds: . 22 Category No. 1: DEFENDANT objects to this category on the grounds that the request 23 for "all WRITINGS PERTAINING TO YOUR DOCUMENT retention policy" is vague, 24 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 25 to harass and annoy DEFENDANT. The category is also vague and ambiguous and overly board 26 as to what is meant or encompassed by the term "retention policy" In addition, because this 27 category is not limited to relevant time periods, DEFENDANT objects to this category on the 28 grounds that the information sought is not relevant to the issues in controversy in this case and not 1217920 4 ] reasonably calculated to lead to the discovery of admissible evidence in this case. . 2 DEFENDANT objects to the notice to produce a person to testify to the extent that it 3 seeks or encompasses information which is protected from disclosure by privilege, including but 4 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 5 applicable joint defense privilege. 6 DEFENDANT objects to the request to produce a person to testify on the grounds it 7 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 8 information. Such a request is burdensome, oppressive and harassing. Such a request is also 9 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 10 admissible evidence. 11 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 12 phrased it seeks information that is not under DEFENDANT'S control or is within the public 13 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 14 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 15 Category No. 2: DEFENDANT objects to this category on the grounds that the request 16 for "all DOCUMENTS PERTAINING TO DEFENDANT'S relationship with Interline Brands is 17 vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and 18 designed to harass and annoy DEFENDANT. In addition, because this category is not limited to 19 relevant time periods, DEFENDANT objects to this category on the grounds that the information 20 sought is not relevant to the issues in controversy in this case and not reasonably calculated to 21 lead to the discovery of admissible evidence in this case. DEFENDANT further objects on the 22 grounds that information regarding the business activities, products, etc. of such other companies 23 place upon DEFENDANT the burden of going beyond its own corporate information and is 24 unduly burdensome, oppressive, and harassing. Such a request is also beyond the permissible 25 scope of discovery. DEFENDANT further objects to producing any such documents on the basis 26 of privilege, and without a confidentiality agreement that such documents may be used for 27 purposes of this lawsuit only, DEFENDANT cannot produce such documents. Should PLAINTIFFS agree to such a confidentiality agreement, DEFENDANT agrees to produce the 1217920 5 1 Stock Purchase Agreement between Dyson-Kisser-Moran Corp. and Interline Brands. 2 DEFENDANT objects to the notice to produce a person to testify to the extent that it 3 seeks or encompasses information which is protected from disclosure by privilege, including but 4 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 5 applicable joint defense privilege. 6 DEFENDANT objects to the request to produce a person to testify on the grounds it 7 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 8 information. Such a request is burdensome, oppressive and harassing. Such a request is also 9 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of JO admissible evidence. 1) DEFENDANT objects to the notice to produce a person to testify on the grounds that as 12 phrased it seeks information that is not under DEFENDANT'S control or is within the public J3 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 14 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 15 Category No. 3: DEFENDANT objects to this category on the grounds that the request 16 for "all DOCUMENTS that contain information about the ownership relationship of Interline 17 Brands has had in DEFENDANT at any time" is vague, ambiguous, unintelligible, overly broad 18 in scope and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. 19 DEFENDANT further objects on the grounds that information regarding the business activities, 20 products, etc. of such other companies place upon DEFENDANT the burden of going beyond its 21 own corporate information and is unduly burdensome, oppressive, and harassing. Such a request 22 is also beyond the permissible scope of discovery. DEFENDANT further objects to producing 23 any such documents on the basis of privilege, and without a confidentiality agreement that such 24 documents may be used for purposes of this lawsuit only, DEFENDANT cannot produce such 25 documents. Should PLAINTIFFS agree to such a confidentiality agreement, DEFENDANT 26 agrees to produce the Stock Purchase Agreement between Dyson-Kisser-Moran Corp. and Interline Brands. 1217920 6 ] DEFENDANT objects to the notice to produce a person to testify to the extent that it 2 seeks or encompasses information which is protected from disclosure by privilege, including but 3 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 4 applicable joint defense privilege. 5 DEFENDANT objects to the request to produce a person to testify on the grounds it 6 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 7 information. Such a request is burdensome, oppressive and harassing. Such a request is also 8 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 9 admissible evidence. 10 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 11 phrased it seeks information that is not under DEFENDANT'S control or is within the public 12 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 13 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 14 Category No. 4: DEFENDANT objects to this category on the grounds that the request 15 for "all DOCUMENTS that contain information regarding Interline Brands, Inc. using its 16 financial resources to satisfy the OBLIGATIONS of DEFENDANT is vague, ambiguous, 17 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 18 and annoy DEFENDANT. DEFENDANT further objects on the grounds that information 19 regarding the business activities, products, etc. of such other companies place upon 20 DEFENDANT the burden of going beyond its own corporate information and is unduly 21 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 22 discovery. DEFENDANT further objects to producing any such documents on the basis of 23 privilege, and without a confidentiality agreement that such documents may be used for purposes 24 of this lawsuit only, DEFENDANT cannot produce such documents. Should PLAINTIFFS agree 25 to such a confidentiality agreement, DEFENDANT agrees to produce the Stock Purchase 26 Agreement between Dyson-Kisser-Moran Corp. and Interline Brands. 27 DEFENDANT objects to the notice to produce a person to testify to the extent that it 28 seeks or encompasses information which is protected from disclosure by privilege, including but 1217920 7 1 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 2 applicable joint defense privilege. 3 DEFENDANT objects to the request to produce a person to testify on the grounds it 4 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 5 information. Such a request is burdensome, oppressive and harassing. Such a request is also 6 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 7 admissible evidence. 8 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 9 phrased it seeks information that is not under DEFENDANT'S control or is within the public 10 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 11 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 12 Category No. 5: DEFENDANT objects to this category on the grounds that the request 13 for "all DOCUMENTS that contain information regarding insurance policies held by Interline 14 Brands, Inc. which include coverage for DEFENDANT for liability in asbestos-related lawsuits" 15 is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and 16 designed to harass arid annoy DEFENDANT. DEFENDANT further objects on the grounds that 17 information regarding the business activities, products, etc. of such other companies place upon 18 DEFENDANT the burden of going beyond its own corporate information and is unduly 19 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 20 discovery. Without waiving said objections, DEFENDANT does not have any documents 21 responsive to this request. 22 DEFENDANT objects to the notice to produce a person to testify to the extent that it 23 seeks or encompasses information which is protected from disclosure by privilege, including but 24 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 25 applicable joint defense privilege. 26 DEFENDANT objects to the request to produce a person to testify on the grounds it 27 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT information. Such a request is burdensome, oppressive and harassing. Such a request is also 1217920 8 ] irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 2 admissible evidence. 3 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 4 phrased it seeks information that is not under DEFENDANT'S control or is within the public 5 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 6 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 7 Category No. 6: DEFENDANT objects to this category on the grounds that the request 8 for "all DOCUMENTS that contain information regarding liabilities Interline Brands, Inc. 9 acquired from DEFEDANT for asbestos-related injuries" is vague, ambiguous, unintelligible, 10 overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 11 DEFENDANT. DEFENDANT further objects on the grounds that information regarding the 12 business activities, products, etc. of such other companies place upon DEFENDANT the burden 13 of going beyond its own corporate information and is unduly burdensome, oppressive, and 14 harassing. Such a request is also beyond the permissible scope of discovery. DEFENDANT 15 further objects to producing any such documents on the basis of privilege, and without a 16 confidentiality agreement that such documents may be used for purposes of this lawsuit only, 17 DEFENDANT cannot produce such documents. Should PLAINTIFFS agree to such a 18 confidentiality agreement, DEFENDANT agrees to produce the Stock Purchase Agreement 19 between Dyson-Kisser-Moran Corp. and Interline Brands. 20 DEFENDANT objects to the notice to produce a person to testify to the extent that it 21 seeks or encompasses information which is protected from disclosure by privilege, including but 22 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 23 applicable joint defense privilege. 24 DEFENDANT objects to the request to produce a person to testify on the grounds it 25 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 26 information. Such a request is burdensome, oppressive and harassing. Such a request is also 27 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 28 admissible evidence. 1217920 9 ] DEFENDANT objects to the notice to produce a person to testify on the grounds that as 2 phrased it seeks information that is not under DEFENDANT'S control or is within the public 3 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 4 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 5 Category No. 7: DEFENDANT objects to this category on the grounds that the request for 6 "all DOCUMENTS that contain information regarding Interline Brands Inc.'s liability for 7 products DISTRIBUTED by DEFENDANT prior to 1977" is vague, ambiguous, unintelligible, 8 overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 9 DEFENDANT. DEFENDANT further objects on the grounds that information regarding the 10 business activities, products, etc. of such other companies place upon DEFENDANT the burden 11 of going beyond its own corporate information and is unduly burdensome, oppressive, and 12 harassing. Such a request is also beyond the permissible scope of discovery. DEFENDANT 13 further objects to producing any such documents on the basis ofproprietary privilege, and without 14 a confidentiality agreement that such documents may be used for purposes of this lawsuit only, 15 DEFENDANT cannot produce such documents. Should PLAINTIFFS agree to such a 16 confidentiality agreement, DEFENDANT agrees to produce the Stock Purchase Agreement 17 between Dyson-Kisser-Moran Corp. and Interline Brands. 18 DEFENDANT objects to the notice to produce a person to testify to the extent that it 19 seeks or encompasses information which is protected from disclosure by privilege, including but 20 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 21 applicable joint defense privilege. 22 DEFENDANT objects to the request to produce a person to testify on the grounds it 23 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 24 information. Such a request is burdensome, oppressive and harassing. Such a request is also 25 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 26 admissible evidence. 27 DEFENDANT objects to the notice to produce a person to testify on the grounds that as phrased it seeks information that is not under DEFENDANT'S control or is within the public 1217920 10 1 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 2 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 3 Category No. 8: DEFENDANT objects to this category on the grounds that the request 4 for "all DOCUMENTS that contain information regarding ASBESTOS-CONTAINING 5 PRODUCTS DEFENDANT manufactured prior to 1977" is vague, ambiguous, unintelligible, 6 overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 7 DEFENDANT. DEFENDANT further objects on the grounds that information regarding the 8 business activities, products, etc. of such other companies place upon DEFENDANT the burden 9 of going beyond its own corporate information and is unduly burdensome, oppressive, and 10 harassing. Such a request is also beyond the permissible scope of discovery. Without waiving 11 said objections, DEFENDANT has no such responsive documents. n DEFENDANT objects to the notice to produce a person to testify to the extent that it 13 seeks or encompasses information which is protected from disclosure by privilege, including but 14 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 15 applicable joint defense privilege. 16 DEFENDANT objects to the request to produce a person to testify on the grounds it 17 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 18 information. Such a request is burdensome, oppressive and harassing. Such a request is also 19 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 20 admissible evidence. 21 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 22 phrased it seeks information that is not under DEFENDANT'S control or is within the public 23 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 24 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 25 Category No. 9: DEFENDANT objects to this category on the grounds that the request 26 for "all DOCUMENTS that contain information regarding the ASBESTOS CONTENT of 27 ASBESTOS-CONTAINING PRODUCT DEFENDANT manufactured prior to 1977" is vague, 28 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 1217920 11 1 to harass and annoy DEFENDANT. DEFENDANT further objects on the grounds that 2 information regarding the business activities, products, etc. of such other companies place upon 3 DEFENDANT the burden of going beyond its own corporate information and is unduly 4 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 5 discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 6 DEFENDANT objects to the notice to produce a person to testify to the extent that it 7 seeks or encompasses information which is protected from disclosure by privilege, including but 8 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 9 applicable joint defense privilege. 10 DEFENDANT objects to the request to produce a person to testify on the grounds it 11 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 12 information. Such a request is burdensome, oppressive and harassing. Such a request is also 13 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 14 admissible evidence. 15 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 16 phrased it seeks information that is not under DEFENDANT'S control or is within the public 17 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 18 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 19 Category No. 10: DEFENDANT objects to this category on the grounds that the request 20 for "all DOCUMENTS that contain information regarding the sources from which DEFENDANT 21 obtained the asbestos included in the ASBESTOS-CONTAINING PRODUCTS DEFENDANT 22 manufactured prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 23 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 24 objects on the grounds that information regarding the business activities, products, etc. of such 25 other companies place upon DEFENDANT the burden of going beyond its own corporate 26 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 27 the permissible scope of discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 1217920 12 ] 2 DEFENDANT objects to the notice to produce a person to testify to the extent that it 3 seeks or encompasses information which is protected from disclosure by privilege, including but 4 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 5 applicable joint defense privilege. 6 DEFENDANT objects to the request to produce a person to testify on the grounds it 7 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 8 information. Such a request is burdensome, oppressive and harassing. Such a request is also 9 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 10 admissible evidence. 11 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 12 phrased it seeks information that is not under DEFENDANT'S control or is within the public 13 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 14 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 15 Category No. 11: DEFENDANT objects to this category on the grounds that the request 16 for "all DOCUMENTS that contain information regarding DEFENDANT'S DISTRIBUTION of 17 ASBESTOS-CONTAINING PRODUCTS in the BAY AREA prior to 1977" is vague, 18 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 19 to harass and annoy DEFENDANT. In addition, because this category is not limited to relevant 20 time periods, DEFENDANT objects to this category on the grounds that the information sought is 21 not relevant to the issues in controversy in this case and not reasonably calculated to lead to the 22 discovery of admissible evidence in this case. DEFENDANT further objects on the grounds that 23 information regarding the business activities, products, etc. of such other companies place upon 24 DEFENDANT the burden of going beyond its own corporate information and is unduly 25 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 26 discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 27 DEFENDANT objects to the notice to produce a person to testify to the extent that it 28 seeks or encompasses information which is protected from disclosure by privilege, including but 1217920 13 1 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 2 applicable joint defense privilege. 3 DEFENDANT objects to the request to produce a person to testify on the grounds it 4 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 5 information. Such a request is burdensome, oppressive and harassing. Such a request is also 6 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 7 admissible evidence. 8 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 9 phrased it seeks information that is not under DEFENDANT'S control or is within the public 10 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 11 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 12 Category No. 12: DEFENDANT objects to this category on the grounds that the request 13 for "all DOCUMENTS that IDENTIFY DEFENDANT'S distributors in the BAY AREA prior to 14 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppres 15 sive and designed to harass and annoy DEFENDANT. In addition, because this category is not 16 limited to relevant time periods, DEFENDANT objects to this category on the grounds that the 17 information sought is not relevant to the issues in controversy in this case and not reasonably 18 calculated to lead to the discovery of admissible evidence in this case. DEFENDANT further 19 objects on the grounds that information regarding the business activities, products, etc. of such 20 other companies place upon DEFENDANT the burden of going beyond its own corporate 21 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 22 the permissible scope of discovery. Without waiving said objections, DEFENDANT has no such 23 responsive documents. 24 DEFENDANT objects to the notice to produce a person to testify to the extent that it 25 seeks or encompasses information which is protected from disclosure by privilege, including but 26 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 27 applicable joint defense privilege. 28 DEFENDANT objects to the request to produce a person to testify on the grounds it 1217920 14 1 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 2 information. Such a request is burdensome, oppressive and harassing. Such a request is also 3 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 4 admissible evidence. 5 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 6 phrased it seeks information that is not under DEFENDANT'S control or is within the public 7 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 8 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 9 Category No. 13: DEFENDANT objects to this category on the grounds that the request 10 for "all DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for distribution 11 in the BAY AREA prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and 12 time, burdensome, oppressive and designed to harass and annoy DEFENDANT. In addition, 13 because this category is not limited to relevant time periods, DEFENDANT objects to this 14 category on the grounds that the information sought is not relevant to the issues in controversy in 15 this case and not reasonably calculated to lead to the discovery of admissible evidence in this 16 case. DEFENDANT further objects on the grounds that information regarding the business 17 activities, products, etc. of such other companies place upon DEFENDANT the burden of going 18 beyond its own corporate information and is unduly burdensome, oppressive, and harassing. 19 Such a request is also beyond the permissible scope of discovery. Without waiving said 20 objections, DEFENDANT has no such responsive documents. 21 DEFENDANT objects to the notice to produce a person to testify to the extent that it 22 seeks or encompasses information which is protected from disclosure by privilege, including but 23 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 24 applicable joint defense privilege. 25 DEFENDANT objects to the request to produce a person to testify on the grounds it 26 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 27 information. Such a request is burdensome, oppressive and harassing. Such a request is also irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 1217920 15 1 admissible evidence. 2 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 3 phrased it seeks information that is not under DEFENDANT'S control or is within the public 4 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 5 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 6 Category No. 14: DEFENDANT objects to this category on the grounds that the request 7 for "all DOCUMENTS that IDENTIFY DEFENDANT'S sales representatives in the BAY 8 AREA prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 9 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 10 objects on the grounds that information regarding the business activities, products, etc. of such 11 other companies place upon DEFENDANT the burden of going beyond its own corporate 12 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 13 the permissible scope of discovery. Without waiving said objections, DEFENDANT has no such 14 responsive documents. 15 DEFENDANT objects to the notice to produce a person to testify to the extent that it 16 seeks or encompasses information which is protected from disclosure by privilege, including but 17 not limited to the alttomey-client privilege, the attorney work-product doctrine, and/or any 18 applicable joint defense privilege. 19 DEFENDANT objects to the request to produce a person to testify on the grounds it 20 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 21 information. Such a request is burdensome, oppressive and harassing. Such a request is also 22 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 23 admissible evidence. 24 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 25 phrased it seeks information that is not under DEFENDANT'S control or is within the public 26 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 27 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. Category No. 15: DEFENDANT objects to this category on the grounds that the request 1217920 16 ] for "all DOCUMENTS that contain information regarding DEFENDANT'S SUPPLY of 2 ASBESTOS-CONTAINING PRODUCTS to EMPLOYERS" is unintelligible. Further it is 3 vague, ambiguous, overly broad in scope and time, burdensome, oppressive and designed to 4 harass and annoy DEFENDANT. In addition, because this category is not limited to relevant 5 time periods, DEFENDANT objects to this category on the grounds that the information sought is 6 not relevant to the issues in controversy in this case and not reasonably calculated to lead to the 7 discovery of admissible evidence in this case. DEFENDANT further objects on the grounds that 8 information regarding the business activities, products, etc. of such other companies place upon 9 DEFENDANT the burden of going beyond its own corporate information and is unduly 10 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 11 discovery. Without waiving said objections, DEFENDANT has no such responsive documents 12 for any of decedent's employers. - 13 DEFENDANT objects to the notice to produce a person to testify to the extent that it 14 seeks or encompasses information which is protected from disclosure by privilege, including but 15 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 16 applicable joint defense privilege. 17 DEFENDANT objects to the request to produce a person to testify on the grounds it 18 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 19 information. Such a request is burdensome, oppressive and harassing. Such a request is also 20 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 21 admissible evidence. 22 DEFENDANT objects to the notice to produce a person to testily on the grounds that as 23 phrased it seeks information that is not under DEFENDANT'S control or is within the public 24 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 25 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 26 Category No. 16: DEFENDANT objects to this category on the grounds that the request 27 for "all DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for sales to 28 EMPLOYERS" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, ACE 1217920 17 ] oppressive and designed to harass and annoy DEFENDANT. In addition, because this category is 2 not limited to relevant time periods, DEFENDANT objects to this category on the grounds that 3 the information sought is not relevant to the issues in controversy in this case and not reasonably 4 calculated to lead to the discovery of admissible evidence in this case. DEFENDANT further 5 objects on the grounds that information regarding the business activities, products, etc. of such 6 other companies place upon DEFENDANT the burden of going beyond its own corporate 7 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 8 the permissible scope of discovery. Without waiving said objections, DEFENDANT has no such 9 responsive documents for any of decedent's employers. 10 DEFENDANT objects to the notice to produce a person to testify to the extent that it 11 seeks or encompasses information which is protected from disclosure by privilege, including but 12 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 13 applicable joint defense privilege. 14 DEFENDANT objects to the request to produce a person to testily on the grounds it 15 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 16 information. Such a request is burdensome, oppressive and harassing. Such a request is also 17 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 18 admissible evidence. 19 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 20 phrased it seeks information that is not under DEFENDANT'S control or is within the public 21 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 22 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 23 Category No. 17: DEFENDANT objects to this category on the grounds that the request 24 for "all DOCUMENTS that contain information regarding DEFENDANT'S SUPPLY of 25 ASBESTOS-CONTAINING PRODUCTS to any CONTRACTOR prior to 1977" is vague, 26 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. In addition, because this category is not limited to relevant time periods, DEFENDANT objects to this category on the grounds that the information sought is 1217920 18 1 not relevant to the issues in controversy in this case and not reasonably calculated to lead to the 2 discovery of admissible evidence in this case. DEFENDANT further objects on the grounds that 3 information regarding the business activities, products, etc. of such other companies place upon 4 DEFENDANT the burden of going beyond its own corporate information and is unduly 5 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 6 discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 7 DEFENDANT objects to the notice to produce a person to testify to the extent that it 8 seeks or encompasses information which is protected from disclosure by privilege, including but 9 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 10 applicable joint defense privilege. 11 DEFENDANT objects to the request to produce a person to testify on the grounds it . 12 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 13 information. Such a request is burdensome, oppressive and harassing. Such a request is also 14 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 15 admissible evidence. 16 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 17 phrased it seeks information that is not under DEFENDANT'S control or is within the public 18 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 19 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 20 Category No. 18: DEFENDANT objects to this category on the grounds that the request 21 for "all DOCUMENTS that IDENTIFY DEFENDANT'S employees responsible for sales to 22 CONTRACTORS to prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope 23 and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. 24 DEFENDANT further objects on the grounds that information regarding the business activities, 25 products, etc. of such other companies place upon DEFENDANT the burden of going beyond its 26 own corporate information and is unduly burdensome, oppressive, and harassing. Such a request 27 is also beyond the permissible scope of discovery. Without waiving said objections, 28 DEFENDANT has no such responsive documents. 1217920 19 ] 2 DEFENDANT objects to the notice to produce a person to testify to the extent that it 3 seeks or encompasses information which is protected from disclosure by privilege, including but 4 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 5 applicable joint defense privilege. 6 DEFENDANT objects to the request to produce a person to testify on the grounds it 7 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 8 information. Such a request is burdensome, oppressive and harassing. Such a request is also 9 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 10 admissible evidence. 11 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 12 phrased it seeks information that is not under DEFENDANT'S control or is within the public 13 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 14 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 15 Category No. 19: DEFENDANT objects to this category on the grounds that the request 16 for "all DOCUMENTS that contain information regarding DEFENDANT'S SUPPLY of 17 ASBESTOS-CONTAINING PRODUCTS to WORK SITE(S) prior to 1977" is vague, 18 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 19 to harass and annoy DEFENDANT. DEFENDANT further objects on the grounds that 20 information regarding the business activities, products, etc. of such other companies place upon 21 DEFENDANT the burden of going beyond its own corporate information and is unduly 22 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 23 discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 24 DEFENDANT objects to the notice to produce a person to testify to the extent that it 25 seeks or encompasses information which is protected from disclosure by privilege, including but 26 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 27 applicable joint defense privilege. 28 DEFENDANT objects to the request to produce a person to testify on the grounds it 1217920 20 ] improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 2 information. Such a request is burdensome, oppressive and harassing. Such a request is also 3 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 4 admissible evidence. 5 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 6 phrased it seeks information that is not under DEFENDANT'S control or is within the public 7 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 8 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 9 Category No. 20: DEFENDANT objects to this category on the grounds that the request 10 for "all DOCUMENTS that DEFENDANT provided to anyone regarding the HAZARDS OF 11 ASBESTOS at any time prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope 12 and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. 13 DEFENDANT further objects on the grounds that information regarding the business activities, 14 products, etc. of such other companies place upon DEFENDANT the burden of going beyond its 15 own corporate information and is unduly burdensome, oppressive, and harassing. Such a request 16 is also beyond the permissible scope of discovery. Without waiving said objections, 17 DEFENDANT has no such responsive documents. 18 DEFENDANT objects to the notice to produce a person to testify to the extent that it 19 seeks or encompasses information which is protected from disclosure by privilege, including but 20 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 21 applicable joint defense privilege. 22 DEFENDANT objects to the request to produce a person to testify on the grounds it 23 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 24 information. Such a request is burdensome, oppressive and harassing. Such a request is also 25 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 26 admissible evidence. 27 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 28 phrased it seeks information that is not under DEFENDANT'S control or is within the public 1217920 21 1 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 2 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 3 Category No. 21: DEFENDANT objects to this category on the grounds that the request 4 for "all DOCUMENTS that contain information regarding procedures DEFENDANT 5 recommended for the HANDLING of ASBESTOS-CONTAINING PRODUCTS DEFENDANT 6 SUPPLIED prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 7 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 8 objects on the grounds that information regarding the business activities, products, etc. of such 9 other companies place upon DEFENDANT the burden of going beyond its own corporate 10 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 11 the permissible scope of discovery. Without waiving said objections, DEFENDANT has no such 12 responsive documents. 13 DEFENDANT objects to the notice to produce a person to testify to the extent that it 14 seeks or encompasses information which is protected from disclosure by privilege, including but 15 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 16 applicable joint defense privilege. 17 DEFENDANT objects to the request to produce a person to testify on the grounds it 18 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 19 information. Such a request is burdensome, oppressive and harassing. Such a request is also 20 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 21 admissible evidence. 22 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 23 phrased it seeks information that is not under DEFENDANT'S control or is within the public 24 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 25 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 26 Category' No. 22: DEFENDANT objects to this category on the grounds that the request 27 for "all DOCUMENTS that DEFENDANT provided to anyone regarding the HAZARDS OF 28 ASBESTOS at any time prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope 1217920 22 ] and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. 2 DEFENDANT further objects on the grounds that information regarding the business activities, 3 products, etc. of such other companies place upon DEFENDANT the burden of going beyond its 4 own corporate information and is unduly burdensome, oppressive, and harassing. Such a request 5 is also beyond the permissible scope of discovery. 6 DEFENDANT objects to the notice to produce a person to testily to the extent that it 7 seeks or encompasses information which is protected from disclosure by privilege, including but 8 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 9 applicable joint defense privilege. 10 DEFENDANT objects to the request to produce a person to testily on the grounds it 11 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 12 information. Such a request is burdensome, oppressive and harassing. Such a request is also 13 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 14 admissible evidence. 15 DEFENDANT objects to the notice to produce a person to testily on the grounds that as 16 phrased it seeks information that is not under DEFENDANT'S control or is within the public 17 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 18 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 19 Category No. 23: DEFENDANT objects to this category on the grounds that the request 20 for "all DOCUMENTS that contain information regarding how DEFENDANT first learned of the 21 association between inhaling asbestos fibers and disease in human beings" is vague, ambiguous, 22 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 23 and annoy DEFENDANT. DEFENDANT further objects on the grounds that information 24 regarding the business activities, products, etc. of such other companies place upon 25 DEFENDANT the burden of going beyond its own corporate information and is unduly 26 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 27 discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 28 1217920 23 1 DEFENDANT objects to the notice to produce a person to testify to the extent that it 2 seeks or encompasses information which is protected from disclosure by privilege, including but 3 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 4 applicable joint defense privilege. 5 DEFENDANT objects to the request to produce a person to testify on the grounds it 6 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 7 information. Such a request is burdensome, oppressive and harassing. Such a request is also 8 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 9 admissible evidence. 10 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 11 phrased it seeks information that is not under DEFENDANT'S control or is within the public 12 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 13 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 14 Category No. 24: DEFENDANT objects to this category on the grounds that the request 15 for "all DOCUMENTS in DEFENDANT'S possession prior to 1977 relating to the association 16 between inhaling asbestos fibers and disease in human beings" is vague, ambiguous, 17 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 18 and annoy DEFENDANT. DEFENDANT further objects on the grounds that information 19 regarding the business activities, products, etc. of such other companies place upon 20 DEFENDANT the burden of going beyond its own corporate information and is unduly 21 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 22 discovery. Without waiving said objections, DEFENDANT has no such responsive documents. 23 DEFENDANT objects to the notice to produce a person to testify to the extent that it 24 seeks or encompasses information which is protected from disclosure by privilege, including but 25 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 26 applicable joint defense privilege. 27 DEFENDANT objects to the request to produce a person to testify on the grounds it 28 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 1217920 24 ] information. Such a request is burdensome, oppressive and harassing. Such a request is also 2 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 3 admissible evidence. 4 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 5 phrased it seeks information that is not under DEFENDANT'S control or is within the public 6 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 7 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 8 Category No. 25: DEFENDANT objects to this category on the grounds that the request 9 for "all DOCUMENTS that contain information regarding industrial hygienists DEFENDANT 10 employed prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 11 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 12 objects on the grounds that information regarding the business activities, products, etc. of such 13 other companies place upon DEFENDANT the burden of going beyond its own corporate 14 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 15 the permissible scope of discovery. Without waiving said objections, DEFENDANT has no such 16 responsive documents. 17 DEFENDANT objects to the notice to produce a person to testify to the extent that it 18 seeks or encompasses information which is protected from disclosure by privilege, including but 19 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 20 applicable joint defense privilege. 21 DEFENDANT objects to the request to produce a person to testify on the grounds it 22 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 23 information. Such a request is burdensome, oppressive and harassing. Such a request is also 24 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 25 admissible evidence. 26 jjEjt4EisDANT oojects iu me liUwce to pioduce a peiooii to tceufy on roc ^pcuuvio that as phrased it seeks information that is not under DEFENDANT'S control or is within the public domain or otherwise equally or more available to Plaintiffs. As such, the request for information 1217920 25 1 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 2 Category No. 26: DEFENDANT objects to this category on the grounds that the request 3 for ltall DOCUMENTS DEFENDANT received prior to 1977 regarding the results of any test or 4 study on the health consequences of inhaling asbestos fibers" is vague, ambiguous, unintelligible, 5 overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 6 DEFENDANT. DEFENDANT further objects on the grounds that information regarding the 7 business activities, products, etc. of such other companies place upon DEFENDANT the burden 8 of going beyond its own corporate information and is unduly burdensome, oppressive, and 9 harassing. Such a request is also beyond the permissible scope of discovery. Without waiving 10 said objections, DEFENDANT has no such responsive documents. 11 DEFENDANT objects to the notice to produce a person to testify to the extent that it 12 seeks or encompasses information which is protected from disclosure by privilege, including but 13 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 14 applicable joint defense privilege. 15 DEFENDANT objects to the request to produce a person to testify on the grounds it 16 improperly seeks to have DEFENDANT produce a witness to discuss non-DEFENDANT 17 information. Such a request is burdensome, oppressive and harassing. Such a request is also 18 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 19 admissible evidence. 20 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 21 phrased it seeks information that is not under DEFENDANT'S control or is within the public 22 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 23 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 24 DEFENDANT also objects to the categories of information sought in plaintiffs' notice of 25 deposition for DEFENDANT'S person(s) most knowledgeable on the following grounds: 26 Category No. 1: DEFENDANT objects to this category on the grounds that the request 27 for all information about DEFENDANT'S DOCUMENT RETENTION POLICY" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 1217920 26 ] to harass and annoy DEFENDANT, In addition, because this category is not limited to relevant 2 time periods, DEFENDANT objects to this category on the grounds that the information sought is 3 not relevant to the issues in controversy in this case and not reasonably calculated to lead to the 4 discovery of admissible evidence in this case. DEFENDANT further objection on the grounds 5 that information regarding the business activities, products, etc. of such other companies place 6 upon DEFENDANT the burden of going beyond its own corporate information and is unduly 7 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 8 discovery. 9 DEFENDANT objects to the notice to produce a person to testily to the extent that it 10 seeks or encompasses information which is protected from disclosure by privilege, including but 11 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 12 applicable joint defense privilege. 13 DEFENDANT objects to the request to produce a person to testify on the grounds it 14 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 15 information. Such a request is burdensome, oppressive and harassing. Such a request is also 16 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 17 admissible evidence. 18 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 19 phrased it seeks information that is not under DEFENDANT'S control or is within the public 20 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 21 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 22 Category No. 2: DEFENDANT objects to this category on the grounds that the request 23 for all information about DEFENDANT'S RELATIONSHIP with Interline Brands, Inc. at all 24 times" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppres 25 sive and designed to harass and annoy DEFENDANT. In addition, because this category is not 26 limited to relevant time periods, DEFENDANT objects to this categoty on the grounds that the 27 information sought is not relevant to the issues in controversy in this case and not reasonably 28 calculated to lead to the discovery of admissible evidence in this case. DEFENDANT further 1217920 27 1 objection on the grounds that information regarding the business activities, products, etc. of such 2 other companies place upon DEFENDANT the burden of going beyond its own corporate 3 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 4 the permissible scope of discovery. 5 DEFENDANT objects to the notice to produce a person to testify to the extent that it 6 seeks or encompasses information which is protected from disclosure by privilege, including but 7 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 8 applicable joint defense privilege. 9 DEFENDANT objects to the request to produce a person to testify on the grounds it 10 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 11 information. Such a request is burdensome, oppressive and harassing. Such a request is also 12 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 13 admissible evidence. 14 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 15 phrased it seeks information that is not under DEFENDANT'S control or is within the public 16 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 17 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 18 Category No. 3: DEFENDANT objects to this category on the grounds that the request for 19 all information pertaining to "ownership interest in Interline Brands, Inc." is vague, ambiguous, 20 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 21 and annoy DEFENDANT. DEFENDANT further objection on the grounds that information 22 regarding the business activities, products, etc. of such other companies place upon 23 DEFENDANT the burden of going beyond its own corporate information and is unduly 24 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 25 discovery. 26 DEFENDANT objects to the notice to produce a person to testify to the extent that it seeks or encompasses information which is protected from disclosure by privilege, including but not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 1217920 28 1 applicable joint defense privilege. 2 DEFENDANT objects to the request to produce a person to testify on the grounds it 3 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 4 information. Such a request is burdensome, oppressive and harassing. Such a request is also 5 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 6 admissible evidence. 7 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 8 phrased it seeks information that is not under DEFENDANT'S control or is within the public 9 domain or otherwise equally or more available to Plaintiffs. As such, the request for information . 10 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 11 Category No. 4: DEFENDANT objects to this category on the grounds that the request 12 for all information PERTAINING TO "and/or IDENTIFYING the product formulas of any and 13 all ACP designed, manufactured, or SUPPLIED by YOU prior too or during the RELEVANT 14 TIME PERIODS, including all component parts of YOUR ACP" is vague, ambiguous, 15 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 16 and annoy DEFENDANT. DEFENDANT further objection on the grounds that information 17 regarding the business activities, products, etc. of such other companies place upon 18 DEFENDANT the burden of going beyond its own corporate information and is unduly 19 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 20 discovery. 21 DEFENDANT objects to the notice to produce a person to testify to the extent that it 22 seeks or encompasses information which is protected from disclosure by privilege, including but 23 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 24 applicable joint defense privilege. 25 DEFENDANT objects to the request to produce a person to testify on the grounds it 26 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 27 information. Such a request is burdensome, oppressive and harassing. Such a request is also 28 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 1217920 29 1 admissible evidence. 2 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 3 phrased it seeks information that is not under DEFENDANT'S control or is within the public 4 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 5 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 6 Category No. 5 DEFENDANT objects to this category on the grounds that the request for 7 all information pertaining to "Insurance policies held by Interline Brands, Inc. which include 8 coverage for DEFENDANT for liability in asbestos-related lawsuits" is vague, ambiguous, 9 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 10 and annoy DEFENDANT. DEFENDANT further objection on the grounds that information 11 regarding the business activities, products, etc. of such other companies place upon 12 DEFENDANT the burden of going beyond its own corporate information and is unduly 13 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 14 discovery. 15 DEFENDANT objects to the notice to produce a person to testify to the extent that it 16 seeks or encompasses information which is protected from disclosure by privilege, including but 17 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 18 applicable joint defense privilege. 19 DEFENDANT objects to the request to produce a person to testify on the grounds it 20 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 21 information. Such a request is burdensome, oppressive and harassing. Such a request is also 22 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 23 admissible evidence. 24 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 25 phrased it seeks information that is not under DEFENDANT'S control or is within the public 26 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 27 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 28 Category No. 6: DEFENDANT objects to this category on the grounds that the request 1217920 30 ] for all information pertaining to "Liabilities Interline Brands, Inc., acquired from DEFENDANT 2 for asbestos-related injuries" is vague, ambiguous, unintelligible, overly broad in scope and time, 3 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT 4 further objection on the grounds that information regarding the business activities, products, etc. 5 of such other companies place upon DEFENDANT the burden of going beyond its own corporate 6 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 7 the permissible scope of discovery. 8 DEFENDANT objects to the notice to produce a person to testify to the extent that it 9 seeks or encompasses information which is protected from disclosure by privilege, including but 10 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 11 applicable joint defense privilege. 12 DEFENDANT objects to the request to produce a person to testify on the grounds it 13 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 14 information. Such a request is burdensome, oppressive and harassing. Such a request is also 15 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 16 admissible evidence. 17 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 18 phrased it seeks information that is not under DEFENDANT'S control or is within the public 19 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 20 is beyond the permissible scope of discovery and'is burdensome, oppressive, and harassing. 21 Category No. 7: DEFENDANT objects to this category on the grounds that the request 22 for all information pertaining to "Interline Brands Inc.'s liability for products DISTRIBUTED BY 23 DEFENDANT prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 24 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 25 objection on the grounds that information regarding the business activities, products, etc. of such 26 other companies place upon DEFENDANT the burden of going beyond Us own corporate 27 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 28 the permissible scope of discovery. 1217920 31 1 DEFENDANT objects to the notice to produce a person to testify to the extent that it 2 seeks or encompasses information which is protected from disclosure by privilege, including but 3 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 4 applicable joint defense privilege. 5 DEFENDANT objects to the request to produce a person to testify on the grounds it 6 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 7 information. Such a request is burdensome, oppressive and harassing. Such a request is also 8 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 9 admissible evidence. 10 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 11 phrased it seeks information that is not under DEFENDANT'S control or is within the public 12 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 13 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 14 Category No. 8: DEFENDANT objects to this category on the grounds that the request 15 for all information pertaining to "ASBESTOS-CONTAININGPRODUCTS DEFENDANT 16 manufactured prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 17 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 18 objection on the grounds that information regarding the business activities, products, etc. of such 19 other companies place upon DEFENDANT the burden of going beyond its own corporate 20 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 21 the permissible scope of discovery. 22 DEFENDANT objects to the notice to produce a person to testify to the extent that it 23 seeks or encompasses information which is protected from disclosure by privilege, including but 24 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 25 applicable joint defense privilege. 26 DEFENDANT objects to the request to produce a person to testify on the grounds it improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT information. Such a request is burdensome, oppressive and harassing. Such a request is also 1217920 32 ] irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 2 admissible evidence. 3 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 4 phrased it seeks information that is not under DEFENDANT'S control or is within the public 5 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 6 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 7 Category No. 9: DEFENDANT objects to this category on the grounds that the request 8 for all information pertaining to "The ASBESTOS CONTENT of ASBESTOS-CONTAINING 9 PRODUCT DEFENDANT manufactured prior to 1977" is vague, ambiguous, unintelligible, 10 overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 11 DEFENDANT. DEFENDANT further objection on the grounds that information regarding the 12 business activities, products, etc. of such other companies place upon DEFENDANT the burden 13 of going beyond its own corporate information and is unduly burdensome, oppressive, and 14 harassing. Such a request is also beyond the permissible scope of discovery. 15 DEFENDANT objects to the notice to produce a person to testify to the extent that it 16 seeks or encompasses information which is protected from disclosure by privilege, including but 17 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 18 applicable joint defense privilege. 19 DEFENDANT objects to the request to produce a person to testify on the grounds it 20 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 21 information. Such a request is burdensome, oppressive and harassing. Such a request is also 22 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 23 admissible evidence. 24 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 25 phrased it seeks information that is not under DEFENDANT'S control or is within the public 26 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 27 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 28 Category No. 10 DEFENDANT objects to this category on the grounds that the request 1217920 33 ] for all information pertaining to "Sources from which DEFENDANT obtained the asbestos 2 included in the ASBESTOS-CONTAJNING PRODUCT DEFENDANT manufactured prior to 3 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppres 4 sive and designed to harass and annoy DEFENDANT. DEFENDANT further objection on the 5 grounds that information regarding the business activities, products, etc. of such other companies 6 place upon DEFENDANT the burden of going beyond its own corporate information and is 7 unduly burdensome, oppressive, and harassing. Such a request is also beyond the permissible 8 scope of discovery. 9 DEFENDANT objects to the notice to produce a person to testify to the extent that it 10 seeks or encompasses information which is protected from disclosure by privilege, including but 11 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 12 applicable joint defense privilege. 13 DEFENDANT objects to the request to produce a person to testify on the grounds it 14 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 15 information. Such a request is burdensome, oppressive and harassing. Such a request is also 16 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 17 admissible evidence. 18 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 19 phrased it seeks information that is not under DEFENDANT'S control or is within the public 20 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 21 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 22 Category No. 11: DEFENDANT objects to this category on the grounds that the request 23 for all information pertaining to "DEFENDANT'S DISTRIBUTION of ASBESTOS- 24 CONTAINING PRODUCTS in the BAY AREA prior to 1977" is vague, ambiguous, 25 unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass 26 and annoy DEFENDANT. In addition, because this category is not limited to relevant time 27 periods, DEFENDANT objects to this category on the grounds that the information sought is not 28 relevant to the issues in controversy in this case and not reasonably calculated to lead to the 1217920 34 ] discovery of admissible evidence in this case. DEFENDANT further objection on the grounds 2 that information regarding the business activities, products, etc. of such other companies place 3 upon DEFENDANT the burden of going beyond its own corporate information and is unduly 4 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 5 discovery. 6 DEFENDANT objects to the notice to produce a person to testify to the extent that it 7 seeks or encompasses information which is protected from disclosure by privilege, including but 8 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 9 applicable joint defense privilege. 10 DEFENDANT objects to the request to produce a person to testily on the grounds it 11 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 12 information. Such a request is burdensome, oppressive and harassing. Such a request is also 13 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 14 admissible evidence. 15 DEFENDANT objects to the notice to produce a person to testily on the grounds that as 16 phrased it seeks information that is not under DEFENDANT'S control or is within the public 17 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 18 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 19 Category No. 12: DEFENDANT objects to this category on the grounds that the request 20 for all information pertaining to "DEFENDANT'S employees responsible for DISTRIBUTION 21 in the BAY AREA prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and 22 time, burdensome, oppressive and designed to harass and annoy DEFENDANT. In addition, 23 because this category is not limited to relevant time periods, DEFENDANT objects to this 24 category on the grounds that the information sought is not relevant to the issues in controversy in 25 this case and not reasonably calculated to lead to the discovery of admissible evidence in this 26 case. DEFENDANT further objection on the grounds that information regarding the business 27 activities, products, etc. of such other companies place upon DEFENDANT the burden of going beyond its own corporate information and is unduly burdensome, oppressive, and harassing. 1217920 35 1 Such a request is also beyond the permissible scope of discovery. 2 DEFENDANT objects to the notice to produce a person to testify to the extent that it 3 seeks or encompasses information which is protected from disclosure by privilege, including but 4 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 5 applicable joint defense privilege. 6 DEFENDANT objects to the request to produce a person to testify on the grounds it 7 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 8 information. Such a request is burdensome, oppressive and harassing. Such a request is also 9 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 10 admissible evidence. 11 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 12 phrased it seeks information that is not under DEFENDANT'S control or is within the public 13 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 14 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. t 15 Category No. 13: DEFENDANT objects to this category on the grounds that the request 16 for all information pertaining to "DEFENDANT'S distributors in the BAY AREA prior to 1977" 17 is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and 18 designed to harass and annoy DEFENDANT. In addition, because this category is not limited to 19 relevant time periods, DEFENDANT objects to this category on the grounds that the information 20 sought is not relevant to the issues in controversy in this case and not reasonably calculated to 21 lead to the discovery of admissible evidence in this case. DEFENDANT further objection on the 22 grounds that information regarding the business activities, products, etc. of such other companies 23 place upon DEFENDANT the burden of going beyond its own corporate information and is 24 unduly burdensome, oppressive, and harassing. Such a request is also beyond the permissible 25 scope of discovery. 26 DEFENDANT objects to the notice to produce a person to testify to the extent that it 27 seeks or encompasses information which is protected from disclosure by privilege, including but not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 1217920 36 ] applicable joint defense privilege. 2 DEFENDANT objects to the request to produce a person to testify on the grounds it 3 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 4 information. Such a request is burdensome, oppressive and harassing. Such a request is also 5 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 6 admissible evidence. 7 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 8 phrased it seeks information that is not under DEFENDANT'S control or is within the public 9 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 10 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 11 Category No. 14: DEFENDANT objects to this category on the grounds that the request 12 for all information pertaining to "DEFENDANT'S sales representatives in the BAY AREA prior 13 to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, 14 oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further objection on 15 the grounds that information regarding the business activities, products, etc. of such other 16 companies place upon DEFENDANT the burden of going beyond its own corporate information 17 and is unduly burdensome, oppressive, and harassing. Such a request is also beyond the 18 permissible scope of discovery. 19 DEFENDANT objects to the notice to produce a person to testify to the exlent that it 20 seeks or encompasses information which is protected from disclosure by privilege, including but 21 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 22 applicable joint defense privilege. 23 DEFENDANT objects to the request to produce a person to testify on the grounds it 24 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 25 information. Such a request is burdensome, oppressive and harassing. Such a request is also 26 irrelevant to the subject matter of this litigation ami not calculated to lead to the discovery of 27 admissible evidence. 28 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 1217920 37 1 phrased it seeks information that is not under DEFENDANT'S control or is within the public 2 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 3 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 4 Category No. 15 DEFENDANT objects to this category on the grounds that the request 5 for all information pertaining to "DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING 6 PRODUCTS to EMPLOYERS" is vague, ambiguous, unintelligible, overly broad in scope and 7 time, burdensome, oppressive and designed to harass and annoy DEFENDANT. In addition, 8 because this category is not limited to relevant time periods, DEFENDANT objects to this 9 category on the grounds that the information sought is not relevant to the issues in controversy in 10 this case and not reasonably calculated to lead to the discovery of admissible evidence in this 11 case. DEFENDANT further objection on the grounds that information regarding the business 12 activities, products, etc. of such other companies place upon DEFENDANT the burden of going 13 beyond its own corporate information and is unduly burdensome, oppressive, and harassing. 14 Such a request is also beyond the permissible scope of discovery. 15 DEFENDANT objects to the notice to produce a person to testily to the extent that it 16 seeks or encompasses information which is protected from disclosure by privilege, including but 17 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 18 applicable joint defense privilege. 19 DEFENDANT objects to the request to produce a person to testify on the grounds it 20 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 21 information. Such a request is burdensome, oppressive and harassing. Such a request is also 22 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 23 admissible evidence. 24 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 25 phrased it seeks information that is not under DEFENDANT'S control or is within the public 26 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 27 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 28 Category No. 16: DEFENDANT objects to this category on the grounds that the request 1217920 38 ] for all information pertaining to "DEFENDANT'S employees responsible for sales to 2 EMPLOYERS" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, 3 oppressive and designed to harass and annoy DEFENDANT. The category is also vague and 4 ambiguous as to what is meant or encompassed by the term "manufactured." In addition, because 5 this category is not limited to relevant time periods, DEFENDANT objects to this category on the 6 grounds that the information sought is not relevant to the issues in controversy in this case and not 7 reasonably calculated to lead to the discovery of admissible evidence in this case. DEFENDANT 8 further objection on the grounds that information regarding the business activities, products, etc. 9 of such other companies place upon DEFENDANT the burden of going beyond its own corporate 10 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 11 the permissible scope of discovery. 12 DEFENDANT objects to the notice to produce a person to testily to the extent that it 13 seeks or encompasses information which is protected from disclosure by privilege, including but 14 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 15 applicable joint defense privilege. 16 DEFENDANT objects to the request to produce a person to testify on the grounds it 17 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 18 information. Such a request is burdensome, oppressive and harassing. Such a request is also 19 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 20 admissible evidence. 21 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 22 phrased it seeks information that is not under DEFENDANT'S control or is within the public 23 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 24 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 25 Category No. 17: DEFENDANT objects to this category on the grounds that the request 26 for all information pertaining to "DEFENDANT'S SUPPLY OF ASBESTOS-CONTAINING PRODUCTS to any CONTRACTOR prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 1217920 39 1 DEFENDANT. The category is also vague and ambiguous as to what is meant or encompassed 2 by the term "manufactured." In addition, because this category is not limited to relevant time 3 periods, DEFENDANT objects to this category on the grounds that the information sought is not 4 relevant to the issues in controversy in this case and not reasonably calculated to lead to the 5 discovery of admissible evidence in this case. DEFENDANT further objection on the grounds 6 that information regarding the business activities, products, etc. of such other companies place 7 upon DEFENDANT the burden of going beyond its own corporate information and is unduly 8 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 9 discovery. 10 DEFENDANT objects to the notice to produce a person to testify to the extent that it 11 seeks or encompasses information which is protected from disclosure by privilege, including but 12 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 13 applicable joint defense privilege. 14 DEFENDANT objects to the request to produce a person to testify on the grounds it 15 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 16 information. Such a request is burdensome, oppressive and harassing. Such a request is also 17 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 18 admissible evidence. 19 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 20 phrased it seeks information that is not under DEFENDANT'S control or is within the public 21 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 22 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 23 Category No. 18: DEFENDANT objects to this category on the grounds that the request 24 for all information pertaining to "DEFENDANT'S employees responsible for sales to 25 CONTRACTORS to prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope 26 and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. 27 DEFENDANT further objection on the grounds that information regarding the business activities, 28 Jackson 6 Wallace llp San Francisco products, etc. of such other companies place upon DEFENDANT the burden of going beyond its 1217920 40 ] own corporate information and is unduly burdensome, oppressive, and harassing. Such a request 2 is also beyond the permissible scope of discovery. 3 DEFENDANT objects to the notice to produce a person to testify to the extent that it 4 seeks or encompasses information which is protected from disclosure by privilege, including but 5 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 6 applicable joint defense privilege. 7 DEFENDANT objects to the request to produce a person to testify on the grounds it 8 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 9 information. Such a request is burdensome, oppressive and harassing. Such a request is also 10 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 11 admissible evidence. 12 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 13 phrased it seeks information that is not under DEFENDANT'S control or is within the public 14 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 15 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 16 Category No. 19: DEFENDANT objects to this category on the grounds that the request 17 for all information pertaining to "DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING 18 PRODUCTS to WORK SITE(S) prior to 1977" is vague, ambiguous, unintelligible, overly broad 19 in scope and time, burdensome, oppressive and designed to harass and annoy DEFENDANT. 20 DEFENDANT further objection on the grounds that information regarding the business activities, 21 products, etc. of such other companies place upon DEFENDANT the burden of going beyond its 22 own corporate information and is unduly burdensome, oppressive, and harassing. Such a request 23 is also beyond the permissible scope of discovery. 24 DEFENDANT objects to the notice to produce a person to testify to the extent that it 25 seeks or encompasses information which is protected from disclosure by privilege, including but 26 not limited to the attorney-client privilege', the attorney work-product doctrine, and/or any 27 applicable joint defense privilege. 28 DEFENDANT objects to the request to produce a person to testify on the grounds it 1217920 41 1 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 2 information. Such a request is burdensome, oppressive and harassing. Such a request is also 3 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 4 admissible evidence. 5 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 6 phrased it seeks information that is not under DEFENDANT'S control or is within the public 7 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 8 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 9 Category No. 20: DEFENDANT objects to this category on the grounds that the request 10 for all information pertaining to "DEFENDANT'S employees responsible for sales to WORK 11 SITES prior to 1977" is vague, ambiguous, unintelligible, overly broad in scope and time, 12 burdensome, oppressive and designed to harass and annoy DEFENDANT. DEFENDANT further 13 objection on the grounds that information regarding the business activities, products, etc. of such 14 other companies place upon DEFENDANT the burden of going beyond its own corporate 15 information and is unduly burdensome, oppressive, and harassing. Such a request is also beyond 16 the permissible scope of discovery. 17 DEFENDANT objects to the notice to produce a person to testify to the extent that it 18 seeks or encompasses information which is protected from disclosure by privilege, including but 19 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 20 applicable joint defense privilege. 21 DEFENDANT objects to the request to produce a person to testify on the grounds it 22 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 23 information. Such a request is burdensome, oppressive and harassing. Such a request is also 24 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 25 admissible evidence. 26 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 27 phrased it seeks information that is not under DEFENDANT'S control or is within the public domain or otherwise equally or more available to Plaintiffs. As such, the request for information 1217920 42 ] is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 2 Category No. 21: DEFENDANT objects to this category on the grounds that the request 3 for all information pertaining to "Procedures DEFENDANT recommended for the HANDLfNG 4 of ASBESTOS-CONTAINING PRODUCT DEFENDANT SUPPLIED prior to 1977" is vague, 5 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 6 to harass and annoy DEFENDANT. DEFENDANT further objection on the grounds that 7 information regarding the business activities, products, etc. of such other companies place upon 8 DEFENDANT the burden of going beyond its own corporate information and is unduly 9 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 10 discovery. 11 DEFENDANT objects to the notice to produce a person to testify to the extent that it 12 seeks or encompasses information which is protected from disclosure by privilege, including but 13 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 14 applicable joint defense privilege. 15 DEFENDANT objects to the request to produce a person to testify on the grounds it 16 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 37 information. Such a request is burdensome, oppressive and harassing. Such a request is also 18 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 19 admissible evidence. 20 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 21 phrased it seeks information that is not under DEFENDANT'S control or is within the public 22 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 23 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 24 Category No. 22: DEFENDANT objects to this category on the grounds that the request 25 for all information pertaining to "Information DEFENDANT provided to anyone regarding the so HAZARDS OF ASBESTOS at any time prior to 1977" is vague, ambiguous, unintelligible, 27 overly broad in scope and time, burdensome, oppressive and designed to harass and annoy 28 DEFENDANT. DEFENDANT further objection on the grounds that information regarding the 1217920 43 1 business activities, products, etc. of such other companies place upon DEFENDANT the burden 2 of going beyond its own corporate information and is unduly burdensome, oppressive, and 3 harassing. Such a request is also beyond the permissible scope of discovery. 4 DEFENDANT objects to the notice to produce a person to testify to the extent that it 5 seeks or encompasses information which is protected from disclosure by privilege, including but 6 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 7 applicable joint defense privilege. 8 DEFENDANT objects to the request to produce a person to testify on the grounds it 9 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 10 information. Such a request is burdensome, oppressive and harassing. Such a request is also 11 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 12 admissible evidence. 13 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 14 phrased it seeks information that is not under DEFENDANT'S control or is within the public 15 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 16 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 17 Category No. 23: DEFENDANT objects to this category on the grounds that the request 18 for all information pertaining to "How DEFENDANT first learned of the association between 19 inhaling asbestos fibers and disease in human beings" is vague, ambiguous, unintelligible, overly 20 broad in scope and time, burdensome, oppressive and designed to harass and annoy 21 DEFENDANT. DEFENDANT further objection on the grounds that information regarding the 22 business activities, products, etc. of such other companies place upon DEFENDANT the burden 23 of going beyond its own corporate information and is unduly burdensome, oppressive, and 24 harassing. Such a request is also beyond the permissible scope of discovery. 25 DEFENDANT objects to the notice to produce a person to testify to the extent that it 26 seeks or encompasses information which is protected from disclosure by privilege, including but 27 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 28 applicable joint defense privilege. 1217920 44 ] DEFENDANT objects to the request to produce a person to testify on the grounds it 2 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 3 information. Such a request is burdensome, oppressive and harassing. Such a request is also 4 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 5 admissible evidence. 6 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 7 phrased it seeks information that is not under DEFENDANT'S control or is within the public 8 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 9 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 10 Category No. 24: DEFENDANT objects to this category on the grounds that the request 11 for all information pertaining to "Industrial hygienists DEFENDANT employed prior to 1977" is 12 vague, ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and 13 designed to harass and annoy DEFENDANT. DEFENDANT further objection on the grounds 14 that information regarding the business activities, products, etc. of such other companies place 15 upon DEFENDANT the burden of going beyond its own corporate information and is unduly 16 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 17 discovery. 18 DEFENDANT objects to the notice to produce a person to testify to the extent that it 19 seeks or encompasses information which is protected from disclosure by privilege, including but 20 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 21 applicable joint defense privilege. 22 DEFENDANT objects to the request to produce a person to testify on the grounds it 23 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 24 information. Such a request is burdensome, oppressive and harassing. Such a request is also 25 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 26 admissible evidence. DEFENDANT objects to the notice to produce a person to testify on the grounds that as phrased it seeks information that is not under DEFENDANT'S control or is within the public 1217920 45 ] domain or otherwise equally or more available to Plaintiffs. As such, the request for information 2 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 3 Category No. 25: DEFENDANT objects to this category on the grounds that the request 4 for all information pertaining to "Information DEFENDANT received prior to 1977 regarding the 5 results of any test or study on the health consequences of inhaling asbestos fibers" is vague, 6 ambiguous, unintelligible, overly broad in scope and time, burdensome, oppressive and designed 7 to harass and annoy DEFENDANT. DEFENDANT further objection on the grounds that 8 information regarding the business activities, products, etc. of such other companies place upon 9 DEFENDANT the burden of going beyond its own corporate information and is unduly 10 burdensome, oppressive, and harassing. Such a request is also beyond the permissible scope of 11 discovery. 12 DEFENDANT objects to the notice to produce a person to testify to the extent that it 13 seeks or encompasses information which is protected from disclosure by privilege, including but 14 not limited to the attorney-client privilege, the attorney work-product doctrine, and/or any 15 applicable joint defense privilege. 16 DEFENDANT objects to the request to produce a person to testify on the grounds it 17 improperly seeks to have DEFENDANT produce a witness to discuss non- DEFENDANT 18 information. Such a request is burdensome, oppressive and harassing. Such a request is also 19 irrelevant to the subject matter of this litigation and not calculated to lead to the discovery of 20 admissible evidence. 21 DEFENDANT objects to the notice to produce a person to testify on the grounds that as 22 phrased it seeks information that is not under DEFENDANT'S control or is within the public 23 domain or otherwise equally or more available to Plaintiffs. As such, the request for information 24 is beyond the permissible scope of discovery and is burdensome, oppressive, and harassing. 25 26 1217920 46 ] Dated: September 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1217920 2006 JACKSON & WALLACE LLP J.A. SEXAUER 47 ] PROOF OF SERVICE BY MAIL 2 1 am a citizen of the United States and employed in San Francisco County, California. I 3 am over the age of eighteen years and not a party to the within-entitled action. My business 4 address is 55 Francisco Street, 6th Floor, San Francisco, California 94133. I am readily familiar 5 with this firm's practice for collection and processing of correspondence for mailing with the 6 United States Postal Service. On September 28, 2006,1 placed with this firm at the above address 7 for deposit with the United States Postal Service a true and correct copy of the within 8 document(s): 9 OBJECTION OF DEFENDANT J.A. SEXAUER COMPANY TO PLAINTIFFS' NOTICE OF DEPOSITION OF J.A. SEXAUER'S 10 PERSON MOST KNOWLEDGEABLE AND CUSTODIAN OF RECORDS AND REQUEST TO PRODUCE DOCUMENTS AT 11 DEPOSITION 12 in a sealed envelope, postage fully paid, and sent a copy via facsimile addressed as follows: 13 Kazan McClain Abrams Fernandez 14 Lyon Farrise & Greenwood 171 Twelfth Street, Third Floor 15 Oakland CA 94607 Fax:(510) 835-4913 16 Following ordinary business practices, the envelope was sealed and placed for collection 17 and mailing on this date, and would, in the ordinary course of business, be deposited with the 18 United States Postal Service on this date. 19 I declare under penalty of perjury under the laws of the State of California that the above 20 is true and correct. , 21 Executed on September 28, 2006, at San Francisco, Califomia.^-^ 22 23 / y-' '7 z- 24 Isela Gonzalez z /> 25 --O/oT 27 28 ACE OBJECTION OF DEFENDANT J.A. SEXAUER COMPANY TO PLAINTIFFS' NOTICE OF DEPOSITION OF J.A. SEXAUER'S PERSON MOST KNOWLEDGEABLE AND CUSTODIAN OF RECORDS AND REQUEST TO PRODUCE DOCUMENTS AT DEPOSITION KAZAN, McCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD A Professional Law Corporation Steven Kazan David M. McClain Denise Abrams Francis E. Fernandez Dianna Lyons Simona A. Farrise, 11.M Gordon D. Greenwood 171 Twelfth Street. Third Floor ' Oakland. California 94607 (510) 302-1000 (510) 465-7728 FAX: (510) 835-4913 e-mail: postmaster@kazanlaw.com www.kazanlaw.com October 2, 2006 IMPORTANT CALENDAR NOTICE OCTOBER 18, 2006 Ol' Counsel Frances C. Schreiberg Tern' N. Gross James L. Oberman* Andrea Huston Petra Dejesus Catosha Woods lan A. Rivamonte Autumn A. Mesa Matthew L Thiel Barbra Ferre Justin A. Bos) Deposition of J.A. Sexauer's PMK New Start Time 9:00 a.m. Via Facsimile & U.S. Mail To: All Defense Counsel and Asbestos Calendar Departments (see attached service list) Re: AMY HOGAN, etal. v. ALCOA, INC., et al. Alameda County Superior Court No. RG04154680 Dear Counsel: Please be advised that plaintiffs' noticed deposition of defendant J.A. Sexauer Co.'s Person Most Knowledgeable will commence at 9:00 a.m. on October 18, 2006 at the offices of Kazan, McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood, 171 Twelfth Street, Third Floor, Oakland, CA 94607. JBOSL/287654.1 Certified Appellate Specialist. The State Bar of California Board of Legal Specialization 1 PROOF OF SERVICE Amy Hogan, et al. v. Alcoa Inc., et al. 2 Alameda County Superior Court No. RG 04154680 (Consolidated with Case No. RG04193478) 3 I declare that: 4 I am employed in the County of Alameda, State of California. I am over the age 5 of 18 years and not a party to the within action. My business address is 171 Twelfth Street, Third Floor, Oakland, California 94607. 6 On October 3, 2006, I served the following document(s): 7 8 OCTOBER 3, 2006 NOTICE COMMENCEMENT TIME 9:00 A.M FOR THE DEPOSITION OF DEFENDANT J.A. SEXAUER MANUFACTURING CO., INC.'S 9 PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS GOING FORWARD ON OCTOBER 18, 2006 10 by transmitting a true copy to: 11 ALL DEFENSE COUNSEL (SEE ATTACHED SERVICE LIST) 12 via the following method: 13 X (By Facsimile Machine [FAX]) By personally transmitting a true copy 14 thereof via an electronic facsimile machine between the hours of 9:00 a.m. and 5:00 p.m. 15 X (By Mail) I am readily familiar with this office's business practice for 16 collection and processing of correspondence for mailing with the United States Postal Service. This document, which is in an envelope addressed 17 as stated above, will be sealed with postage fully prepaid and will be deposited with the United States Postal Service this date in the ordinary 18 course of business. 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 3, 2006, at Oakland, 20 California. rA , , 21 Paula magi 22 23 24 25 26 27 28 3.1 1 SERVICE LIST Consolidated for multiple cases October 2, 2006 5:27 PM Cases: Hogan, Amy (Clayton) [NE 1365] BASSI, MARTINI, EDLIN & BLUM 351 California, Suite 200, San Francisco, CA 94104 FOR: J.T. THORPE & SON, INC. PH: (415)397-9006 FAX: (4)5)397-1339 BERRY & BERRY P.O.Box 16070, Oakland, CA 94610 FOR: DESIGNATED DEFENSE COUNSEL PH: (510)835-8330 FAX: (510) 835-5117 CARROLL, BURDICK & MCDONOUGH 44 Montgomery Street, Suite 400, San Francisco, CA 94104 FOR: STARWOOD HOTELS AND RESORTS WORLDWIDE, INC. PH: (415)989-5900 FAX: (415)989-0932 COUNSEL UNKNOWN FOR: INTERLINE BRANDS, INC.; INTERLINE BRANDS, INC./sii/pae/et/J.A. SEXAUER MANUFACTURING CO., INC. GLASPY & GLASPY One Walnut Creek Center, 100 Pringle Ave Ste 750, Walnut Creek, CA 94596 FOR: GARLOCK SEALING TECHNOLOGIES LLC; GARLOCK SEALING TECHNOLOGIES LLC/sii/pae/alt/eqt/GARLOCK, INC. PH: (925)947-1300 FAX: (925) 947-1594 GORDON & REES Embarcadero Center West, 275 Battery Street, 20th Floor, San Francisco, CA 94111 FOR: GOODYEAR TIRE & RUBBER COMPANY PH: (415)986-5900 FAX: (415) 986-8054 HAIGHT BROWN & BONESTEEL LLP 7] Stevenson Street, 20th Floor, San Francisco, CA 94105-2981 FOR: KENTILE FLOORS, INC. PH: (415)546-7500 FAX: 415-546-7505 HASSARD BONNINGTON 2 Embarcadero Center, Suite 1800, San Francisco, CA 94111 FOR: KAISER GYPSUM COMPANY, INC.; SEQUOIA VENTURES, INC. PH: (415)288-9800 FAX: (415)288-9802 JACKSON & WALLACE 55 Francisco Street, Sixth Floor, San Francisco, CA 94133 FOR: J.A. SEXAUER MANUFACTURING CO., INC. PH: (415)982-6300 FAX: (415)982-6700 KIRKPATRICK LOCKHART NICHOLSON GRAHAM, LLP Four Embarcadero Center, 10th Floor, San Francisco, CA 94111 FOR: CRANE COMPANY PH: 415-249-1000 FAX: 415-249-1001 LAW OFFICES OF JOHN M. GREGORY 1733 Woodside Road,, Redwood City, CA 94061 FOR: PLANT INSULATION COMPANY PH: 650-368-0400 FAX: 650-368-0407 LUCINDA L. STORM 610A Third Street, San Francisco, CA 94107 FOR: DURABLA MANUFACTURING CO. PH: (415)777-6990 FAX: (415) 777-6992 LYNCH, GILARDI & GRUMMER 475 Sansome Street, Suite 1800, San Francisco, CA 94111 FOR: SWINERTON BUILDERS; SWINERTON INCORPORATED PH: (415)397-2800 FAX: (415) 397-0937 M ARK H. ROSENTHAL, Esq. Law Offices ofMark H. Rosenthal, 44 Montgomery Street, Suite 4020, San Francisco, CA 94104-4612 FOR: CROWN, CORK & SEAL /sii/MUNDET CORK PH: (415) 986-1364 FAX: (415) 291-1984 McKENNA, LONG & ALDRIDGE 101 California Street, 41st Floor, San Francisco, CA 94111 FOR: D. ZELINSKY & SONS INCORPORATED PH: (415)267-4000 FAX: (415) 267-4198 SERVICE LIST Consolidated for multiple cases PRfNDLE, DECKER & AMARO 369 Pine Street, Suite 800, San Francisco, CA 94104 FOR: AMERICAN STANDARD INC.; AMERICAN STANDARD/si i/par/alt/eqt/AMSTAN and AMERICAN RADIATOR CO. October 2, 2006 5:27 PM Page Two PH: (415)788-8354 FAX: (415)788-3625 STEEFEL, LEVITT & WEISS One Embarcadero Center, 30th Floor, San Francisco, CA 94] 11 FOR: FERGUSON ENTERPRISES, INC.; FERGUSON ENTERPRISES, TNC/sii/pae/et/WESTBURNE SUPPLY fdba P.E. O'HAIR; P.E. O'HAIR PH: (415)788-0900 FAX: (415)788-2019 STEPTOE & JOHNSON 633 West Fifth Street, Suite 700, Los Angeles, CA 90071 FOR: METROPOLITAN LIFE INSURANCE COMPANY PH: (213)439-9400 FAX: (213) 439-9599 TRAVIS & PON Attn: Monte Travis, 2271 California Street, San Francisco, CA 94115 FOR: PLANT INSULATION COMPANY PH: (415)923-1200 FAX: (415)673-6263 WALSWORTH, FRANKLIN, BEVINS & McCALL - THOMAS DEE 601 Montgomery Street, 9th Floor, San Francisco, CA 94111 FOR: THOMAS DEE ENGINEERING COMPANY PH: (415)781-7072 FAX: (415) 391-6258 End of Service List KAZAN, McCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD A Professional Law Corporation \1\ Twelfth Street, Third Floor Oakland, California 94607 (510) 465-7728 (510) 893-7211 FAX: (510) 835-4913 e-mail: postmaster@kazanlaw.com www.kazanlaw.com FACSIMILE COVER SHEET TO: FROM: RE: October 2, 2006 All Defense Counsel Fax No: See Attached Service List Paula Katayanagi, Secretary to Justin A. Bosl KAZAN, McCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD Amy Hogan, et al. v. Alcoa Inc., et al. Alameda County Superior Court Case No. RG04154680 (Consolidated with RG05103478) MESSAGE: Deposition of J.A. Sexauer's PMK going forward on , Wednesday, October 18, 2006 at 9:00 a.m. at Kazan Office. TRANSMITTING A TOTAL OF H PAGES INCLUDING THIS COVER PAGE. IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL AS SOON AS POSSIBLE AT (510) 465-7728. IMPORTANT CALENDAR NOTICE DEPOSITION - OCTOBER 18, 2006 START TIME-9:00 a.m. IMPORTANT/CONFIDENTIAL: This message contains informationfrom the lawfirm Kazan, McClain, Abrams, Fernandez, Lyons & Farrise which may be privileged, confidential and exemptfrom disclosure under applicable law. Ifyou have received this communication in error, please notify us immediately al ourphone number setforth above, and we will be happy to arrangefor the return ofthis message via United States Postal Services to us at no cost to you. Please do ndt disseminate, distribute or copy this communication. THANK YOU * * . * COMMUNICATION RESULT REPORT ( OCT. 2. 2006 6:1 9PM ) * * * p. 1 . ' TTI KAZAN ET AL. TRANSMITTED/STORED OCT. 2.2006 FILE MODE OPTION 6330 MEMORY TX 5:33PM ADDRE SS (G02) G3--AT : BASSI MA RTINI (G02) G3--AT :: BERRY & BERRY (G02) G3--AT :: BURNHAM & BROWN (G02) G3--AT ::CARROL L BURDICK-SF (G02) G3--AT ::FOLEY & MANSFIELD (602) G3--AT ::GLASPY & GLASPY (G02) G3--AT ::GORDON & REES (G02) G3--AT : HAIGHT B ROWN (G 0 2) G3--AT : HASSARD BONNINGTON (G02) G3--AT::JACKSON & WALLACE-SF (G02) G3--AT ::LAW OF F J GREGORY (G02) G3--AT :: LUCINDA STORM (G02) G3--AT :: LYNCH GI LARD I (G02) G3--AT ::MARK ROS ENTHAL (G 02) G3--AT ;;McKENNA LONG (G02) G3--AT ::MORGENST EIN JUBELIRE (G02) G3--AT :: PRINDLE- SF (G02) G3--AT ::SEDGWICK DETERT (G02) G3--AT :S E LMAN B REITMAN (G02) G3--AT :STEEFE L (G02) G3--AT :STEPTOE & JOHNSON (G02) G3--AT :THE L EN - SF (G02) G3--AT :T RAVIS & PON (G02) G3--AT :WAL SWORT H - SF (G02) G3--AT :KASOWITZ (G02) G3--AT :: 14152491 001 RESULT OK OK OK OK OK OK OK OK OK OK E -- 3) 3) OK OK OK OK OK OK OK OK OK OK OK OK OK OK OK . PAGE 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 0/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 4/4 REASONEE ---- 3F1 O)> R HNOAENRGARNOSRUWP EROR LINE FAIL EE ---- 42)> BNUOS VFACSIMILE CONN E C T ION KAZAN, McCLATN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD A Professional Law (Corporation 171 Twelfth Street, Third Floor Oakland, California 94607 (510) 465-7728 - (510) 893-7211 FAX: (510) 835-4913 e-mail: postznaster@kazanlaw.com www.kazanlaw.corn FACSIMILE COVER SHEET "TO: FROM; RE; All Defense Counsel October 2, 2006 Fax No; See Attached Service List Paula Katayanagi, Secretary to Justin A. Bosl KAZAN, MCCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD Amy Hogan, et al. v. Alcoa Inc., et al. Alameda County Superior Court Case No. RGO-4154680 (Consolidated with RGOS103-478) MESSAGE: Deposition of J.A. Sexauer's PMK going forward on , Wednesday, October 18, 2006 at 9:00 a.rn. at Kazan Office. Transmitting a total of 4 pages including this cover page. If you do not receive all of the PAGES, PLEASE CALL AS SOON AS POSSIBLE AT (510) 465-7728. IMPORTANT CALENDAR NOTICE DEPOSITION - OCTOBER 1 8, 2006 START TIME - 9:00 a.m. IMPORTANT/CONFIDENTIAL: This massage contains informationfrom tha lawfirm Kazan, AfcClatn. Abrams, Fernandez. Lyons <3k Farrise which may be privileged, confidential and exempt from disclosure under applicable law. Ifyou have received this communication in error, please notify us immediately at ourphone number setforth above, and we will be happy to arrangefor the return of this message via United States Postal Services to vs at no cost to you. Please do n&t disseminate, distribute or copy this communication. THANK YC>U * * * commun:[CATION RESULT REPORT ( OCT. 3. 2006 1 0:41AM) * * * p. 1 TRANSMITTED/STORED OCT. 3. 2006 10: 40AM '\ FILE MODE OPTION 6333 MEMORY TX ADDRESS G3-AT:LAW OFF J GREGORY . TT1 KAZAN ET AL. RESULT OK PAGE 4/4 EASON --- F31O)) R HNOAENRGRAONRUSWP E OR LINE FAIL Ee--24)) BnoUSYFacsimile connection KAZAN, McCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE & GREENWOOD A Professional Law Corporation 171 Twelfth Street, Third Floor Oakland, California 94607 (510)465-7728 (510) S93-7211 FAX; (510) 835-4913 e-mail: p0stmaster@ka2anlaw.com www.kazanlaw.com FACSIMILE COVER SHEET TO: FROM: RE: October 2, 2006 All Defense Counsel Fax No: See Attached Service List Paula Katayanagi, Secretary to Justin A. Bosl . KAZAN, McCLAIN, ABRAMS, FERNANDEZ, LYONS, FARRISE a GREENWOOD Amy Hogan, et al. v. Alcoa Inc., et al. . Alameda County Superior Court Case No. RG04154680 (Consolidated with RG05103478) MESSAGE: Deposition of J.A. Sexauer's PMK going forward on , Wednesday, October 18, 2006 at 9:00 a.m. at Kazan Office. Transmitting a total of -4 pages including this cover page. If you do not receive all of the PAGES, PLEASE CALL AS SOON AS POSSIBLE AT (510) 465-7728. IMPORTANT CALENDAR NOTICE DEPOSITION - OCTOBER 18, 2006 START TIME - 9:00 a.m. IMPORTANT/CONFIDENTlAL: This message contains informationfrom the tawfirm Kazan, McClain, Abrams, Fernandez, Lyons <& Parris e which may be privileged, confidential and exemptfrom disclosure under applicable law. Ifyou have received this communication in error, please notify us immediately at our phone number setforth above, and we will be happy to arrangefor the return ofthis message via United States Postal Services to us at no cost to you. Please do not disseminate, distribute or copy this communication. TfJANK YOU CPSLO 006780 CONTENTS General Index................................................ II thru IX Service Information & Terms....................... X thru XVIII Section 0: Complete Faucets Sexauer................ 0-1 thru OS American Standard..... ..............................................................0-9 thru 0-14 Chicago........ ............................................................................0-15 thru 022 T&S Brass........ ................................................. 023 thru 0-28 Valley Faucet.................................................................................. 027,0-28 Section 1: General Maintenance Plumbing & Heating Repair Parts Washer, Gaskets, Screws & Fasteners.................................. 1-2 thru 1-27 Replacement Faucets Handles & Index Buttons..................... 1-28 thru 1-0* Bibb Seats........ ........................................................................ 1-66 thru 1-7? Supply & Drain Tubing Repairs.................................. ............1-7S thru 1-109 Healing System Repairs............ ..........................................1-110 thru 1-123 Section 2: Tools, Kits & Chemicals Tools........................ ................................................. ,..............2-2 thru 234 Cleaners, Lubricants, & Sealants........................ ...................2-35 thru 242 Handy Andy Repair Assortments, ........................................2-43 thru 2-55 Section 3: Flushometer, Hospital Valve & Drinking Fountain Repairs Pressure Flush Valve & Urinal Repairs...................................... 32 thru 3-48 Hospital Fittings Repairs....................................................... 349 thru 372 Drinking Fountain RepaliB.................................................... ,373 thru 302 Section 4: Lavatory Repairs General Maintenance. ............ .................. ...........................4-2 thru 4-7 Lavatory Waste & Drain Repairs............................. ............. 4-7 thru 4-15 Repair PartsFor OEM Lavatory Fittings...................................4-16thru 4-74 Section 5: Kitchen & Utility Sink Repairs General Maintenance.......... :,....................... :........................52 thru 5-21 Sink Waste A Drain Repairs............... .....................................5-22 thru S28 Repair Parts For OEM Sink Flttinga........:..............................530thru389 Section 6: Tub & Shower Repairs General Maintenance..................................... ........................6-2 thru 6-10 Tub WasteA Drain Repairs......................................................611thru631 Repair Parts For OEM Tub & Shower Fittings.................. ... .632 thru 684 Section 7: Toilet & Tank Repairs Bowl Repairs.................... ..................,.,.......... ........... ......... 7-2 thru7-19 Flush Valve Repairs;................ ...'............. ............................7-20 thru 7-26 Ballcock Repairs.............. ,........... ..................... .................,7-27 thru 7-41 Section 8: Accessories & Misc. Commercial & Institutional Repair Products Balh Accessories, Soap Dispensers A Hardware.................., 32 0vy 315 Inlet Vacuum Breakers................................................................316,317 Freezeless Wail Faucets .&Hydrants...... .................. ....... .. .816 thru 320 LeverA Rotary Waste Repairs...,................ .......................820thru.8Z3 . Misc. Repair Items.................... ..............................................824 ttvu 828 Section 9: Electrical Maintenance Products COPYRIGHTED BY J*. SEXAUER. 1983 Al Rights Hswmwl J SEXA CPSLO 006781 INDEX II u fija tltWM WUHtlll................ . ............. 14 UMfiERSAL POWER BEPtaATBR . . . 1-117 UWVBML NMOLE FLUSHVALVE . ............... 7-28 UMVaSAL RONOlf TAM LEVERS ........... 7-73 URHMI CASKETS................ 7-14.7-19 UVIIAl IV6H TANK FITTIM. .. . URtRAL NUT WASHER . . 3-44 UMUH RUBS 3-44 UfttNRlSCAEfitf. 3-4C USUAL SW0 NUT......................... 1*97 USUAL truss............................... .. .. 3-4S.7-17 UMtAl STRANDS...................... . . . 3-47 myf V ' F*V* VACUUM BREMERS. INLET......... .. MI>17J-il VACUUM WEAKENS. FLBSH0IETEH. ................. H 714MI.M1 VACUUM fREAXSIS. SEXAUCR ................... 34 VAUCT FVTW6S. COMPLETE......... ........0-274 VALVE USC. ROHW ..................... ............... 1-117 valve STBi sown packBiss, wna_____ 1-tif MLK SIS* lint ILUMICIWTI.. .. .... 1-73.7-40 VALVES. CONTROL....................... . V7R.1-S7.t-SO VALVES. HOSE BIBU.......................... ................. V74 VALVES. ttE MAXSt HUM0F0.... ............... VALVES.IM-UNE..................... . .V7t.1-BC.147 VALVES. ttLMffltOW................... ............... VS7 VALVES. SWJT-WV.......................... V7B.14T.140 VANDAL-PROOF ASHTONS............. ............ . .5-| vanoal-pmof snura REAI.. 1... ................. nun HAND PUMP............................ ................. war nnit srsn nm................... ..IWfiLNBl VDUIM C0mWU.|7T..>74441.343>NI447 - wv WASHERS. C6UPUN8 M WASHERS. FIBRE............... 1-5 WASHERS. BEBEAM WMTM0IT 7-41 WASHBS. NOR.................. 1-4 WASHERS. LEATHER......... VASBuis. LEATMBI PUMP -. . 1-5 1-4 WASHERS. PAAKCHESTW 1-3 WASHERS. PLASTIC........................... . 1-5 wishers. mntRneit sur jomt . 1-44 washers. screw pipe iwm .1-4 WASHERS. SEAT MNtt .................. . . 7-1? WASHERS. StM STUMS CtWPUNBS Ml WASHERS. SPECIFIC VALVES.. 1-14 Vo 1-72 WASHERS. SPOUT SCREEN................ .44 WASHERS. SOUAft CUT SUP ANRI. . ....... 145 WABKRS. IWWfeSPOUT POST... . 5-71 WASHERS. TAW............................... . 7-74 WASHERS. TRAP.................... 1-103 WASHERS. UNION.................. ...........14 WASMM MACNWE HOSES................ ...............144 WASTE * OVERFLOW BASKETS........... .............. S-15 WASTE BDVBRfW PLATE ASST....... .............M2 writ/UW.CMIWUiUE................ ....... V10I WASTE. LEVS................................. 4-71.4-274-23 WASTE PTC CLEANa....................... ...............2-3B WASTE REPMlS. RATH... VII Ibrv 4-31 mien Hawns, umronr.............. . -7t)n-15 WASTERS***. SMI...................... manta WASTE. ROTART.................. V71.4-22.4-23 .WATER CML0 TARJCCE................ .............V101 WATBI KEATB BOD VALVE......... .............1-117 wAra SAvas......... ..................... ..M.MS7 WATa WANBBI......... :..................... ................ 34 WATa WATCHMAN. SLOAN............... .............. 3-17 WATTS VACUUM RREAKBIS. . 5H WAX BASKETS----........................... .......... ... 7*18 WBE CARTRME................................ ...............347 WHER HAIKU STOPS............... 3-34.3-31.9-42 wan*. CAMOU........................ . 747 W1BE SPVEA9 HTTOieS............... innwp WIRE BRUSIta................................ .................btt "WlZAn>`SHBWa HEAD. IMAM... .................441 WOOD SCREWS................................. ...............V KOOOHwsirwws........................ 4-1l.M4.l-a wwk Rives................................. .................t-a WREttCM. BASM......... ...................... .................. 74 WTOC*. BASKET STAMMER........... .................vs WUMPL CRANE............................ .................Ml wcn. ean......... ................... wkmch, a&mco/F.................. .................Ml WROIOL HBO............................... .................2-11 WNBlOI. RATtMET............... .......... .................. 24 WRENCH. BflTAL FLUSH VAUC....... ........7-11.MI maai.SMliiuMBi.:............. ......... 24M8 WBOtCN. SUMN............................ . ....... M1>17 W1DCU. SPRWD. TO STRAND.. ...............,.24 WROtCM. SPLUmWE...:............. WBOCR.tPUPOUUCC.................. ........:.........bi WRptCN. STRAND........................ ....... .244a WREMCM. IUUT SEAT W6f ................. M WRENCH. UTHfTTSEAT. ................... ..................M . mAkhb....................................... .7-4 Ru 2-11 WRBNJItS. ALIBI........ ............. .... . ,24.t4 W*BC*S. MpHflCAN STANMRN.. ................. 2-1* WKNOD. BLST4HP. .................. ...................7-4 W*BHES.KO?LB....................... WRBCNO. M/% MLLCUCI:........... ......... ...44* WRBCBO. SEAT.........,................ ..........1-71J4 WRfMCHTI,- VERT FNMF NVT T.4R WWDMS, STUB...:................ ..744-7.T-14 wnwcani. nt_______ ........ ...................M WRBKME3, BtOWaVAlH SOCKET. ...................24 --n nw . 74 . - . ' ; ' ......... - --- - MbuUl MurtnH:M..-...........................v..i.o. i.vim.vMiuii WALL AMOS............ 14* WAIL NMJNT ImiKJ, MCT.gMK: . wau mount shrcftttiw*............smfh^mm WALL PLATES, ELE&JMt........................... manwash foumtam fwtvalve. ........:. .* WASHER ASSORTMENTS___,...:.2-44 RlfU 2-W WAStD. CONTROL VALVE...................................^ WAStD. RTSnWl- SUP JOMf......................14C WASN9. IEATHBI BLE&a......... ............. ... .1-* WAStD BETAWQf..........................................1-3 WASID. SHUT-8FFVALVE................................... 14R UUSID, SINK RAH*C.................. ;.............. >2$ WASMSI. URRIAl NUT............... _.....................:. 3-44 WAStD*. ABUTOSt....... . .............. MM - WASHERS. 4ALLCWI COUVUMS.................. 7-34 WASHERS, BAUCRCX SEAT................................. 7-39 wAsoas.BAsmncs..................... -................ a-? WAStDS.'iASxn STIAItOC0URM6............3-24 wasdi. *ont........................... 14. wMiin. mass. .............................. 1-9 WASHERS: OEAM-OOi ni*................... 11*3 WAUDS. OJSE-COUfia------ -- 7-16 ..WAStD*. CUSCT KIT A SCREW............... 7-13 NEED SERVICE FAST? CALL TOLL FREE! Nationwide. ... . . (800)-431-1872 New York State .. (800) 742-1785 1983 IX ^ ' S w ! - - I i CPSLO 006789 / THE FIRST NAME IN PLUMBING REPAIR PRODUCTS OFFERS YOU THE LAST WORD IN PLUMBING REPAIRS Dependable Quality Prom Us Means Power, More EtfocUws Repairs For You We're me Sexauer Company, the nation's largest and best known supplier of plumbing and healing.repair and maintenance products. We have the parts you need to save labor, eliminate waste and give you the edge on more efficient and effective plumbing maintenance. For over 60 years, we've built pur reputation by helping people solve repair part problems, streamline their plumbing repair inventories and get the most out of every dollar spent on plumbing maintenance. Most of all, our reputation is built on getting you the dependable quality repair products you need, when you need them! SEXAUER HAS THE REPAIR PARTS YOU NEED Forget Th* Problems Of Locating Sources For Necessary Repair Hems... . Sexauer has repair parts lor thousands of different plumbing idlings, probably any fitting you can name. For Lavatory and Sink Faucets, Flushometers. Drinking - Fountains, Knee & Pedal Valves, Toilets and many more, - we're the one source who can fill all your requirements. We also carry a full line ol professional loots, convenient repair kits, Industrial strength cleaners and more. Electrical repair devices, heating system repair parts, special plumbing and health code Hems, vandal .. : resistant and special security Items; We've got them, tool They're All In Our Multi-Million Dollar Inventory ;. Our hug warehouse contains mlltlohspf parts. Soj no matter what the repair Job we have the correct parts In stock right how; ready tor immediate shipment Special Parts For Special Problems II you ever have trouble locating a rare or obsolete item, Our Special Parts people stand ready to help you find. It. But whether the item you need is common, or is 90 * obsolete that no one's ever seen it, we'll move mountains .to help Secure It for. you. . ' .. . ' . . | : :i ;! a ; I I I /H . CPSLO 006790 SEXAUER GIVES YOU THE CONVENIENCE YOU WANT Supplying And Managing Your Plumbing Repair Inventory Was Nevar Eiiltr. WeVe developed a plumbing repair-supply system diet has the whole Industry talking. This is because Sexauer does ft all: A nationwide sales network that offers regular inventory management service - an ordering and shipping system that gives you the fastest delivery possible - technical advice from experienced professionals - and much more. . Wa'r* Am Near Am Your Phono Sexauer is your nearest source for plumbing repair parts and materials. Just pick up your phone and dial our toil free number, ire quick, it's easy and you'll be speaking with experienced and knowledgeable operators whose sole purposeis to assist ybu. . Our Catalog Qo* On* Step Purthmr It is the most recognized Catalog in the industry. In it youMI find over 00 pages of carefully depicted faucet and valve schematics, helpful maintenance tips and part . . descriptions - all laid out to help you easily find your deeds. In fact, many vocational and plumbing trade smi/ schools.use our Catalog in their classes. tt*s available free of charge to all of our customers. ;. SEXAUER SERVICE IS CQMRLETE Inventory Management Aaalatanca Thoughout the nation, over tl.Q trained and experienced Sexauer representatives are available and ready to help you. - -, At no cost, your local representative wilt conduct a complete survey of each and every fitting under yoor maintenance schedule. HeTI determine the aga,;ir>ake, repair record and the exaot repair parts necessary for economic, effective repairs. ' . . Working with you, he'll advise you pf proper Inventory, levels that Ht your space, your budget and yoor needs. Your Sexauer representative will continue to periodically service your stock to .eliminate overstocking and . shortages that means fewer headaches for youl And Technical Aaalstanca, Tool What happens when you run into a repair problem you've never handled, need a special tool orJust some good advice? Simple, lust ask a Sexauer representative. If he can't give you en answer right away, you can bet he'll try to tlnd it tor you XI CPSLO 006791 past service is the sexauer RULE, NOT THE EXCEPTION Most Orders Ars Shipped Within 24 Hours. With our huge inventory at your disposal, we can gel the parts you need quickly. The moment your order enters our order-entry system, our computer goes to work. It checks the parts, quantities, and any special handling you may require, verities that your order Is correct and jlashes the information to our nationwide distribution center In Louisville, Kentucky. Our automated system then.qulckly.processes your repair parts while our trained distribution people properly guide your order and continuously check It for accuracy. Within 24 hours alter we receive It, your order is on the way |o you. Toll Free Tslsphone Service The easiest, quickest way to buy plumbing products. Dial pur toll free number and within hours your order Is being processed and prepared. Need a special "rush" order? Just tell our operators and they'll aid you anyway they can. . SEXAUER CAN HELP YOU SAVE MONEY Quality Moans Copt Savings With lew exceptions, the cost ot repair parts Is small when compared with the cost ol Installation. That's why Sexauer products are the best you can buy. They wear longer and need less frequent replacing. From our point of view, saving a tew cents on a product that wears or breaks [ quickly doesn't make sense. . Efficiency Means Costs Savings Efficient inventory control also saves money. By eliminating overstocking, Sexauer helps you control overbuying. And by helping you eliminate shortages, you can avoid paying a premium ter parts needed in an: emergency. You'll save time and transportation costa, too. Conservation Means Cost Savings Sexauer has a full tine ol water and energy saving ' " products: We'll show you ways to gel more out ot less ... ways to limit your water usage and your heating fuel bills'. Call Sexauer Toll Free In NY State: 800-742-1785 i r Main oifices While Plains. New York At. *11 CPSLO 006792 TERMS & CONDITIONS OF SALE TERMS MINIMUM ORDER INVOICE: $10.00 2% Discount 10 days from DatB of Invoice Net 30 days. Invoices not paid according to terms are subject to MONTHLY SERVICE CHARGES OF 1% per month (which Is an ANNUAL PERCENTAGE RATE ol 12%.) DELIVERY Shipments are normally made via cheapest routB. Delivery is contingent on government regulations, strikes and other circumstances beyond our control. Orders "UNDER $50.00" are shipped F.O.B. Louisville, Ky. Minimum $1.50 shipping and handling charge. Orders of "$50.00 or MORE" are prepaid to destination within Continental United States. . CLAIMS, DEFECTS A DAMAGE Claims lor shortage must be mads within 10 days after receipt of shipment. To J.A. Sexauer P.O. Box 1000, While Plains, N.Y. 10602. Items defective In manufacture will be replaced without charge. Our liability Is limited to the replacement of defective pans and does not extend to damages, or losses due to the use or Inability to use, or failure to follow specific Instructions In use of any of our products. RETURNS No returns permitted without our written authorization nor alter 120 days from date of invoice. Returns so authorized must be made to 1800 Research Drive, Louisville, Ky. 40299. When orders have been correctly filled, and unless defec tive material la Involved, RETURNS ARE SUBJECT TO A 15% HANDLING CHARGE PRICES A TAXES Prices and discounts are subject to change without notlea Unless otherwise agreed, all orders are accepted on the basis of -PRICES PREVAILING AT THE TIME OF SHIPMENT" All local, stats, federal or special taxes (including sales and use taxes) now or hereafter Imposed, shall be pBid by the buyer r-- unless an exemption certificate Is on file with "Sexauer." All ordm subject to acceptance by J.A. Sexauer - . P.O. BOX 10C0, WHITE PLAINS. NEW YOttK ItMOZ HOW TO ORDER Print or type your order using your company's stationery or Purchase Order and Include order number, date, your firm's name, address and zip code. II the shipping address differs from the billing address, please Indicate this on the order. Specify items try catalog number, quan tity. and description ol Hem. Consult the terms and conditions Of sales page for specific Infor mation regarding freight allowances, tsrmt, etc. For b.O.D, orders please state C.O.D. on your Older. When making payment with an order, please attach the check to your order form. Open accounts are subject to approval by our credit department ABBREVIATIONS USED IN CATALOG Ad).......... Adjustable AS............................................................ Asbestos Assy................ Assembly BR............................ ..Brets Cat................ Catalog CJ>....................:........................... Chrome Plate Cplg................. Coupling Den............................................... Dimension Disc................................................... Discontinued DIF. ................. ...................Drinking Fountain Ext...................... Extended FB-................................................... .....Fibre BV........................ ....,...............Flush Yahra Ga..................................... Gauge GJ.................................... GroundJoint GsKL................................. .......... ............Gasket LD........................ ;.................... Inside DiwnMer tnd............. Includes IRS..................................................Iron Pipe Ska Lav............................ Lavatory LE.......................................................... ..Leather Mfg.................. .......................Manufactured NfA....................... ........................ .Not Available No(sL --.............................................NumbatM HP.'-................................... NTS....................................... NickelPlated NotShown O.D.................. - --............... Outside Diameter O.EM....... .......Original Equipment Manufacturer Pert.................... Perforated PL...... .......................... .......................--Plastic RB....................................................Rough Brass g9............. .......................... -..............Regulating 5*d- ............. ................................Required 2L------ ------- ---,........................Retaining BU-.--............ Rubber ............. ............ ...................... .Slip Joint T................ -- --....... Teflon* Thr...,-------;.................................... ....Thrawl Va................................................................... Valve Vop............... --................ Vacuum VP.............. Vandal-Proof W ..................... ............................... With Wa.......................... Washer I I 1983 /: XJH CPSLO 006793 "W* i_ No. d ur4-JMDu. 0W5I - ' >-un K* w K.'. Cr-r* . Wh . -> t ` AM tA-iaCr *<- r.sjve' eoooet vtst ** p Ke. ' WW dM - >* ` ' at leMSW i-iea "id* ` u 4 Sejxauer Plumbing Maintenance Survey i V SEXAUER WORRY . t .1? AIR PART NEEDS<nom m ` - -we M f^KU deed Ml Mi - M 3fr r& ri fci 1 VMrtM ni ** - ' >Mt >W ** |jWI ll?~r>As* u Mil" * wo*- MM Mi tu<* ' Mt * ' *** Tr*j*a nu VM ' * tO* ^ 'V'v', v ''V -' V var- '* t* ' > U ` ft 1* ' he i id 4 JO i1 * t The SEXAUER SURVEY provides a systematic and thorough guide to your repair needs. It .establishes an Intelligent slock level lor each item in relative proportion to normal use. Often this Survey gives >-. r- *!? . ! ; )j . " ' maintenance departments their first realty clear picture of the many r*'- . types and sis of items essentiet f Tv-------- ST >\f ' - - i vr ~ .'rjfifl io.the efficiency of their maintenance program^ - TVs copyrighted term bmm <teteB*d chocfc of ytwtraBctiaUur tl. HERE'S HOW IT WORKS! At no cost to you, an experienced. Sexauer Technician-checks your ex isting plumbing fixtures. Using this copyrighted Survey Form, he puts his skill and experience to work. Carefully, accurately, he compites an itemized picture of the exact sizes and types of replacement parts needed for ail fixlures and connections! In this way, he determined the quantities of each that are subject to replacement. CpSt o nKffl M TEFLON* PIPE JOINT TAPE i CHEMICALS SEXAUER "EASY-WRAP"* PIPE JOINT TAPE It takes only seconds to wrap threads with this per* manent, Teflon* Sealant Remains pliable indefinitely and resists temperatures from *300*F to 600*F. Withstands pressure of thousands of pounds. Chemically Inert and non-toxic. Taps is dam and economical. Makes lifetime Joints for fust pennies. tot. Np06*304 091729 One. oemt 038*02 08*625 PM. Description Rst MMTsis Ftps Joisf Tags Pips Joist Tag Fly* Joint Tape PrpeJoM Tag* Pig* Joint Tag* Flgt JpW 1m Lmath 540" 640* 540" 180" 540" 1295* 540" Width 1/4" 1/2" i nr i/r 3/4" 1/2" 3/4" faekaged_______^_____ Esc* ir Carfan/tt k/RrUc Ssosls Esc* ar Carton/1? w/PlwtJc Smfe c* ar tortm/ire/MeWSpScto. Cartm/12 v/MeM Speits Esc* ar Cartaa/i? m/RskUc SmsIs Ek* arCartwi/1? w/Ptatfic tpoefe fat* arCarteo/i? w/Matd Seeds TEFLON* * ROUND PACKIN6 SEXAUER EASV-TITE* ROUND "NOODLE" PACKING Compresses to make .a positive seal on Hanged pipe lolnts, .afire stems, pump shafts, etc. Packing Is made from chemically Inert Teflon*. Resists high temperatures and Is quick and easy to Cal. No. 06*555 06663 Description Easy-Thr Packing Easy-Ill* Packing leotfh 20* 15' Diam. 3nr 5/3r. Packaosd Ejck n Gntm/12 Ipnfc Eadar Owton/12 toads 6RAPHITE ASBESTOS PACKING Reg. U.S. Pal. Otfice lor DuPont's . Fluorocarbon Resins * Reo. U.S. Pat. Office SEXAUER GRAPHITED ASBESTOS PACKING For ujse in water.oll, steam, or .air valve*, rods. or shafts. Thoroughly graphfied, lubricated packings are available in either twisted or braided form. Strands of Iwftted packing can be separated ..to make smaller packing. Cat No Description_______ 110403 CrsphrtiMsbeitts Packing 110411 firaphila/Asbesttt Packing 110428 Braphilt/Asbesto Packing 119437 Crsphlta/Asbertos Packing . 11044* 6raphi!i/Asbeln.Patking . 110457 6raphiti/Atbesta$ Packing 1983 Type Iraki Iraki inid Twist Twist Twist Sire 1/1" 3/16" i/ar 1/16" 1/8" 1/4" weiom i b. i to. i to. 1 Hr. i to. 1 to. Packaged Eack/Sptcf Ejch/SfM Cack/SfiMl Eatfc/Spael Ek*/S* Eacfc/toMi 241 CPSLO 006795 PACKING AND SEALANT MATERIALS TEFLON* ASBESTOS PACKING SEXAUER PACKING OF TEFLON* - ASBESTOS A packing of superior quality and versatility tor valves, pumps and reciprocating and rotary shafts. Assures long tasting seal with tow friction and cooI-running shafts at speeds to 3600 R.P.M. Special combination of materials, is Immune to most chemicals, oils, solvents, gases and water. Resist temperatures from -20O*F to 500*F and Is lubricated with pure mineral oiL. Cat No. 11*460 111471 111486 111481 118502 DescriptionTjjwSirs Uenflh ThOdo* AstetlM Packing MM . T*fltn* Attest*! Packing MM TeHtn* Alberts Packing ' tfthfnl TaOan* Astestn Packing Iftfad Triton* Attest** Packing Brattatf 076472 061831 063946 063956 Tettsn* Astents Packing Triton* Attest** Packing T*ltn# Asteslss Packing Triton* Axtestfts Packing eB--mnULolw-wet BraUad MM 188*71 108661 108696 108712 Triton* Attesttt Picking TtftonVAstesto Packing Triton* Attest** Packing rated* Attest** Packing Twfetad Twisted Twistsd Twisted i/r 3/16" 1/45/16" j/r i/r s/nr 3/1- inr i/ir 1 /r 1/4" i/ir Twisted Braced 96* 44* 24* ii* . IT .r w 51* 36* ' 456* 91* 36* n* Wecht/Packaged 1 *./tped 1 nyxpaw t-/*ped i mjtpm ....1JMDW(...... ........... ........... 1-1/2 te./6p*ri . **JSperi 64b./6p**l sayiped Hk./lpsri 1 ft./6p**l 1 />?* IRytad . . . -*4,.. . .V ' e `* . i. SEXAUER TREATED ASBESTOS YARN Made of 3-atrand, long staple asbestos Im pregnaled with waterproofing agent. For packing faucet and valve bonnets end alt connection, where resistance to heat ie unimportant. Clean, convenient and economical. Ca. he. Psscrtplta*Size Bht. 1issue ArPwlor rateVI*1 tseqiti 71 prh Waatii 1/4 >, Packaged EscS/S^sl SEXAUER SPECIAL ASBESTOS WICKINQ Strands of heavy roving twisted together. Principally used for packing on hoi water lines. When dipped In hot tallow or paraffin. It Is excellent for cold water llnea. Cal. Ho DwcrlpBMi - _________________ Sire WstL Aateslet Wkkhn......................... V4~ Wetqhr . .Packaged' 1/7. Esck/hsi 1W3 CANDLE WICKING SEXAUER CANDLE W1CKINO . Gpeclal Sea-Island long-fiber cotton with . . ` longer, tougher fibers than ordinary tricking. Cal No. Desqiwion . ________ ________ Shawls Craw . 068361 Cans, Wkkkil 068371 CawSeWltHeg 868387 CttrStWhHea 17 Ftot 7 Cesna _______ ;_______ _T_________ Fur, * Reg. U S. Pat Office for DuPont's Fluorocarbon Resins. . Packaped Eacfc/tal Esch/M tadi/Sessf SeaJ 2-42 CPSLO 006796 CPSLO 006799 TERMS & CONDITIONS OF SALE AH orders subject to occeplence by ERMS J. A. Sexauer Mfg. Co., Inq IMS UTAIOQ imams tmi Hwanr op JL A. UUUtft MfO. CO* mc. AND tf SWKT TO BtCAU Net Cosh 30 days foRowfog the dole of invoice. .. ELIVERY Delivery is contingent on government regulations, ifrikei ond othar cousos beyond oor control. Shipments ore regularly made via cheapest route. Orders under $25 are White Plains, N. Y. Orders of $25 ond over ore prepaid to destination within continental United. States. EXCEPTION: Orders Including "Mute-Kkk" Cleaners, "Heat-Pep" Boiler Compounds orMSttry>'lrtof* PipeJoirrt Cement, mint be shipped vio freight and total at lead .160 lbs., to .jbp prepaid SEE NOTATION At BOTTOM Of PAGE 92 REGARDt4G SUCH OftDBS CLAIMS, DEFECTS & DAMAGE Claims for shortages must be made within 10 days after receipt of shipment, hems defective in manufacture will be replaced w'rthouf charge. No daims for labor or consequential donxige wil be-allowed. ' - ' '' - - RETURNS ' . .; " No.material shall be returned without permission. . '. When orders have been correctly filled and unless defective material is involved, returns are subject to a minimum handling charge of 10% plus transportation. PRICES & TAXES -: V \ " "V ' ` Prices or# subject to change without notice. Unless otherwise agreed, oil orders ' ore accepted on the bosis of prices prevailing at the time df shipment. . . ' All applicable local, stole, federal or special taxes (including sales and use tones), now or hereofler imposed, shall be poid by Ae buyer. ' .. ' HOW TO ORDER > To avoid errors in shtpraenb, orders should have both Cottdog ^ Number ond Description of uoch hem os feted in catalog: Pbut conform <o standard package quantifies Indicated I/i catalog. ' ' , We Welcome Your Suggestions We wi)l appreciate ot*y suspeifont yew hove te etfer m design change, inotirrd diwy etc .tfwt yee feel weuldeahooce.fee velue of pry 'Sesouer* motoiotr Je meeting peer lejuliernentt. ' .; - COrtMCtfT A* k K SQAUO Mia CQ..1NC. .- 37li? sr - CPSLO 006805 Cat. Me. 7224 No.2 Sale "Vandal-Froot" Aerator Disc Key for Installing Is furnished wlth unit 1 Cat. No. 7732 No. 2 Eorine-Flo Screen (Suir-S.-Mln* Bln) c Cat.No. 7234 No. 1 %rinr-P)a Ferfaratcd Netal Caa .1 Cat. No. 7231 No. 1 %ri*c-P)o Screenf Copper Rln - 3 used) rat.NO. 723} No.I Sprlnr-Flo Rebuilding Sit For all 13/16" Aerators Includes above Repair Parts 1 ?, N*- No.lt Bpiias-Plo "!** (Mr^enllng Rim) gt.No. 7128 No. 3 Serler-Flo Perforated Seta] Da '' 3 Cat-Ne. 7*27 No. 3 Sprlaf-Flo screeafCopper Rla - 3 used) ro,Cfi',7!: I*3* l*1-3 SfwtM-Flo KefeBlJdlH git For 13/16' Aerators. Includes above Repel? Parts. FOR CHICAGO FAUCETS GU.No. 7859 Qbicoge 'Sil'iK'Flo1 M^tar Pemiu use or 15/38* Fea&le Aerator on Chicago faucets. -Cat^NB. 7948 Alcaco Aerator Oawlete An assembly of $l Female Springrrio unit and CMcagoSprlng-Flo Adaptor. Cat. No. 722* No.4 Penale Solve) Action Aerator SPHNO-RO SPOUT WASHERS Cat.Ne. 3206 No.2 Robber Cat. No. 7233 No. 2 Fibre Retired only on Adaptors HOSE ADAPTORS GU.No. 7349 Chicago *8oft*Flo* Imlr to Includes all the parts listed Setoi 4 -AsbestOsGasfcet B * Disc (Many Hbles) C Rubber Gasket D - Disc (FWnbles) K.-Screens-(3)- ' F - Metal Ring (g) Cat. No. J097 . ' . Laboratory Faucet Adaptor Permits use of Female Aerator t replace a serrated hose nozfcle. SBUUBT Amt-snusH sramcs Fit any spout, Easy to Install ' cat. No. TOW Mile Hose Adaptor Has Penale Thread for att aching to faucet, and MaleThread for attaching a Fe- . male Hose Connection . Cat.Ne. 7058 . Feaale Rose Adaptor Has Male Thread for att aching to faucet, and Pe nsile Thread for attaching Male.Hose Connection The SEXACEH-SYSTEM'of.Standardized Repairs Cat.Na, 5tH So. l Seetioaa) SprUf No, z Cat.Ne, 5tW Corrugate* Spring As Advertised in `mHE SATURDAY EVENING POST' CPSLO 006839  S& J. A; SLXACER MFG. CO., : ^QUALITY! PLUMBIHG&?HEATING KID K CERTAIN.-SIZE PiBR| OR ASBESTOS DASHER? Smch 'Sewuet1 hahrn re listed belaain tie order pi their outside diaaeter.sp that you i Rpl'cily tadate a Sja* that ail) aeet your requireaests. 'SEXAUER' FIBRE WASHERS . Sfttinf ON -ORDERS KRO.Y SV 1ASBEB NO. It la not MtesMi) to list diaeosion*. Ml J/v* VI" d.D. 6716" 7/16* 15/32* 0/16* 0/18" 5/0* 47/64" 13/M* l/*\ 3/8* 31//f4lP" 7/16" . 3/8* I !/* 10. 1" raid 1/04* i/32* 1/32* 1/10* 1/32* 3/04* 3/32* 1HI u-n i^n19A-F* is*pi n*n u-n n .. 2o*ra Mw**F1 27/32* 27/32* 27/32* 7/B" 7/8* . 29/3?* 60/04* 16/16" 16A 15/IP* 31/32" 3i/}2* 63/04" 63/04" 7/16" 6/0". 7/itJ" 1/2" 25/32* 23/32" 23/32" 5/0" '3/4* 0/16* 13/16 40/64* .6/6" 3/4" 81/32* 3/4" 11* 10 1/4" 1/16* t/32* 1/32* 3/32" 1/16* 1/64" 1/16* 1/10" 1/18" 3/32* 1/16" 1/18* 1/16* 1/16* .1/16" 1/10" iu*n 31-FB 3Z-P 3U-FB 3S*n 3345--fPiI 3HI 36*PB 30*n 48-Fl 4l*FB 42*F 43-PI 49rFt 4-r 4I-F1 4s1a*-1F1t Sl'FB . MI-PI M-n . 53-FB M*n S5-F8 M-n -p M*F0 *Pi oo-n ll-FO UP1 3-FB 04* FB illf SU7 9U| M aanmt 9HI tKiMn ra] 817 ssi %am 4im114 5m1Di 4n71il3 9979 i*1* 13/16* 1/10 " 7/0" 1/10" 1-1/32* 40/84* 1/32" 1-1/32* 67/64" 1/10" 1-3/04* 7/0" 1/10" 1-3/04". 50/64* 1/04* 1"3/M* 15/18" 1/16* 1-1/10* 63/64* 1/10* 1-1/16* 57/64" 1/32* 1-1/16" 59/04* i/32 l-i/16 * 15/16* 3/04" 1-3/32* 31/32* 1/16" 1-7/64" 57/04* 3/04" 1-1/8* 1-1/8*' 1-1/8" 11/liB* 1/16" 7/0* .1/16" 20/32" 1/32" 1-1/0* 59/64". l/ifi" 1-11/64" 3/4* 1/lfl" l-:3/10 3/4* 1/16" 1-3/16* 27/32* 1/10" 1-3/16 7/8* 1/10" 1-3/10" 1-3/04* 1/32" 1*1-7/32" 1-3/64" 1-16/04* 1/32* 1/10" I 1*1/4" 14 l*i/2 i-i/4" 29/32* 1/16* 1-1/4" .59/64* 6/64* 1-1/4* 1" ' 1/lfl" 1-1/4* 1-1/4* 1-1/16" 5/64' 1-3/32" 1/18* 1-17/04* 13/18* 1/16" 1-0/32" 1*6/32" 1/32* 1-11/32* 1-13/84* .1/32* 1-25/04* 20/32* 1/10* 1-27/64* 1-1/4" 3/32" 1"7/16* 1^3/32" 1/3C* t-7/10* 1-3/10" 3/32" 1-15/32* 1-1/4* L/10" luber 6s*ra K-n 87-FI tt*FI 69-FB 7in 1|-F 79-Fl 73-FI 74*8 75-F0 70*11 77-F9 It-FI TS-F8 ai-ra u*pi S3-FI 84-FI sin 84"FI BI-FI B8-FI 99-FI Khfl 91-FI' *FI 93-n I |*.|/9" TO 2" Cat.No. O.p. 11 1-1/2 " 9999 1-1/2* 9810 1-1/2* 6710 1-33/0*" 9112 1-17/32* 932S 1-19/32" 4127 1-30/0*" 4711 i-6/a* 9012 1-5/8* 4129 i-l/32 0134 1-45/0*" *133 1-23/32" 6117 1-3/4" . 2*5 1-3/4" 0712 1-63/6*" no*7486 1-20/32" imp 7790 2" 720 2* 0121 onto 129 7757 723 9078 9997 9941 2-6/32* 2-7/32* 2-1/4* 2-3/8* 2-7/W" 2-15/16" 3-1/6" 3-6/32* 96 3-7/32" 6414 .4-1/2"- 419 4-13/16* I.D. l-i/8" 1-0/32" 1-9/32* 1--1/32* 1-31/61' 1-3/0" 1-10/04' 1-1/8" 1-13/32' 1-25/64' 1-1/2" 1-7/10* 1-5/0" 1-7/lfi" 1-21/04' 1--11/10' 1-6/16" 1-1/2" 1-6/8* l-ii/16" 1-16/lfi" 1-17/32" 1-20/32" 2-3/4* 1-01/04" 2-3/4 1-11/16" 3-3/8" 3-27/32" Thick 1/lB* 1/32* t/10" i/10* 1/32" 1/10" 6/04* 1/10" 1/18* 1/16" 1/10* 3/32" 3/32* 1/10" 1/10". 3/04" 1/32* i/ifi* 1/lfl 1/16* 3/32* 1/32" 1/16" 1/32" . 1/18" 1/16?* 1/16* 1/10" 1/16" 'SEXAUER* ASBESTOS WASHERS SPECIFY ON ORDERS KSUT BY tAEMEft HO, it is aot accessary te list dimensions. wa. ~mr 4-48 9-AS 4-A8 7*48 9*48 9-48 10*45 11-48 IIA-4S 12-45 12-48 14-48 15-48 18-48 17-48 J8-* 19*48 194-48 TO-4S 21-48 22-48 23-45 24*48 29*48 9-48 27-AS 9-AS 29-48 39-4S 31-48 32-48 33-48 34-48 33-40 30-48 37-48 Cat.No. 0.0. Thick 739T 3797 M77 7284 7421 3/4" 13/16* 7/8* 7/0" 7/0* i/2* 7/16" 10/32* 3/4" 1/16" 3/32" 1/16" 1/16* 1/32* 3192 71B7 am . 57/64* 16/10* 31/3E* 3/4" 1/16* 7/16* 1/16* 25/327 3/32* 3199 7939 9338 M19 H3S am 1* 1-1/32" 1-3/64" 1-5/04" .1-3/32" 1-1/8" 13/10* 7/0." 63/04* 25/32" 15/16* 31/32* 1/lfi" 1/16* 1/lflP 3/32* 1/32* t/ie* mb 7280 3212 W 1-0/64* 1-6/32* 1-3/16" 1-3/16* 45/04* 13/16* 59/04* 1* 3/32* t/10" 1/16* 1/32* 1-7/32" 1-11/32" 1-3/0" 1-3/8" i-i/ie* 57/64* 25/04* 10/32* 1111////11110006"**" 1-3/0* 1-1/2" 1-1/2" 1-1/6* 1/10"1-1/10* 1/10*1-5/16" 1/32" l-o/ie* 1-3/8" 1-10/32" 1-3/10" 1/32* 1/10" R74 7398 7429 9280 9819 9 9270 1-11/W" 1-1/8* 1-3/4" 1-7/16* 1-49/64- 1-5/16" i-29/32" 1-1/2" 2-1/4* 2* 2-7/10" 2-6/32" 2-3/4" -1/2" .2-27/32" 2-6/8* :3-l/2 . 3-1/8* 4-1/4" -t" . 3/e** 3/32" 1/32* 1/32* 3/64* 1/10" 1/10" .1/10* 11//1W0" Till' SEXAHER*SYSTEM' of Standardized BepaJrau As Advertised in "THE SATURDAY EVENING POST NO. J11O1? 13 14 1196 17 18 19 2210 22 23 24 29 .30* 27* 28a 29* 39* 31 32 33 3435* 30 37 30 39 40* 01 42 4344 49 46 47 90 r *J52 .50 37- 90 59 60 61 62* M* 65-! 66-1 67-1 71-1 72-1 73-1 74-1 75-1 7.6-1 77-1 70-1 W-l 8J-1 HJDESSEI CPSLO 006840 J. A. SEXAUER MFG^COf ^UAUTWPOJMBIN^HEATiNQiRERAmS^ SEXAUER* ftlZY-OFF" NUT LOOSENER A IF>DtfMf A6* KttfiB KJCTUtlNC CTIL . ^ racisms;- oeat ' usaicA-rts * fieseeves j - Little goes a longw#"* . : ici ACTING * ECtMilOI. SAVES TIME - SAVES COSlLV PUTS >1.11 free m *bbIiwJ" . partMMMd by: Beat Scale Corroal^ Med ted Faint Meii4 ttlfe Leai iri . Shellac Cartes Layoff*. Not Loosener la 4 special fortmila of chemicals and oils blended to provide exceptional penetrating and spirant properties. Five frte-alkalis* or harmful, acids* It can be safely used on the- finest rtechsnjsas when vised according to directions. Capillary action draws the 611 lDto> froten threads or parts, noting an kzt-ofF job. uwd Fan tet.NO. 6834 1 nit cus Esyoff" tn Aerosol Cans Is easier to use and sore eco~ nodical, especially in places difficult to rfe&cb with a' Spout Can. The "spray* can be.directed to affected parts wore- quickly. - easily and effectively * and thus not only saves tide tut avoids a great deal of needless waste. - .. packaged 4* 12, and fl' SEXAUER' SOLDERING COMPOUND onw U IT HUXES Noa-Corrodlif - Nwi-Atid Doo-Blac.lbrUt Meets Federal specification No.0-F-60'6B, Tfpe l. Fora A tSUId. >863' 4 ox. tans QtM. 68& I lb. tens B4Packaged 40. and 1 'SEXAUER' WICKINGS GRAPHfTED ASBESTOS STEM PACKINGS Trapped or a aetal spool encased. 1b protective enter Petal shield. HUIDFS PAdUNG M/2 Lb, Spool Cat, NO. 6624 1/9 Cat.No. 6623 3/1** Cat.No. MSS 1/4* . i.tie/*rtba. %oolpacsinc Cet.No. 027 I/161 Cat. No, 6828 1/8* tet.No. 682 1/4* A dependable, quick-acting nui for nse on tuningsweat fittings or any soldering job; aiso tot prior to wiping joints. Each individual strand* - whether braided pr twisted# Ifi thoroughly grdphl te-lutuicated prior to forming the finished, packing. For use on water# stem# air or oil valves - rods or shafts. Strands of Twisted packlhg can be- separated to naxs. mailer packings, packaged 12* 6 and 3 STAY-tlTE" PORCELAIN CEMENT SPECIAL ASBESTOS W1CKING TREATED ASBESTOS YARN - ofm-coNVEraENreememcm. tet.No. 683* l/t m Tails Cat. No. 6847 Nt Cans FUr repairing chips in Enamlware# porcelain, fit, etc.. re-setting file on Habble and for ruling crackyt>etween fixtures and packaged u; Qaiid3 Made from strands- of heavy roving twisted together. Principally used for packing on Rot water ttnea.Wuri dipped in hot tallow or paraffin* It also is excellent for use cm cold water lines. packaged - 12 Balls . tet.no. 68M 1/4 IX Spools 1/16* MX - approx. .70. Ida. withMade of 3-strand long-staple asbestos# Jnpreffiated special waterproofing agent. For packing faucet or valve bonnets and all connec tions rtiere resistance to heat is not of nejor inportance. packaged 1 Dozen Spools SfAY-TltE" PORCELAIN GL Mbs. Cans 4o*. Cans ring cracked e. tile etc. glazing after repair with * t. fcaged 12. o and 3 "MAKE-TITE*' CANDLE Cat.No. Mm fells L2-8trand fine Gt.N0. (837 "> Balls 7-StrBJld COARSE Oil.No. M3 *Ail* balls S^Stpand FIRE; Special sea Island lone^flbre cotton with longer, tougher fibres, than jb ordinary nicking. insures tltfit seat Packaged - 40 Balls to Bag WICKING in hmv am CMTAUCSS tet.ND, 6638 *V I>m1 Single Strand FINE Made of No.1 single strand# loftg-tlbre cotton# specially twisted for use on brass and Iron pipe threads.It unwinds front spool as you wrap it on the threads* . Packaged - i. Doten Spools The StXADER'SYSTEM.1 of Standardized Repairs., AsAdverfised in *:THE SATURDAY EVENING POST^s CPSLO 006902 V 1 MARY McLAIN, ESQ. LAW OFFICES OF GLASPY & GLASPY 2 Civic Executive Center 201 North Civic Drive, Suite 245 3 Walnut Creek, CA 94596 Telephone: (415) 947-1300 4 *156 Oct N to? 5 Attorneys for Defendant, GARLOCK INC 6 CALIFORNIA SUPERIOR COURT 7 CITY AND COUNTY OF SAN FRANCISCO 8 DEPARTMENT NUMBER FIVE 9 NO: 10 In Re: Complex Asbestos Litigation 11 RESPONSES OF DEFENDANT GARLOCK INC TO GENERAL ORDER NO: 29 INTERROGATORIES 12 13 TO: ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: 14 Defendant ` GARLOCK INC, a corporation, responds to San? 15 Francisco General Order No. 29 Interrogatories as follows.: 16 ANSWER TO INTERROGATORY NO. 1: 17 Donald E. O'Keefe, Esq. Assistant Secretary, 18 Garlock Inc (since 1975) 430 Park Avenue 19 New York, NY 10022 i -ts' 20 ANSWER TO INTERROGATORY NO. 2: 'X 21 Garlock Inc is an Ohio corporation with its corporate "Offices'" at-*" 43IT T^rR AvenueT New York-; ""New York- luuz2, "and a 22 principal place "of business at 1666 Division Street, Palmyra, New; York 14522. .' " 23 The Garlock Packing Company was originally incorporatedVii 24 New York on March 27, 1905. On April 25, 1960, the names, wi changed to Garlock Inc. On March 3, 1975, a Delaware _ ^^ 25 with the same name was incorporated and on May 12, 1975V;^ York corporation was merged into the Delaware coj^oratip^^^ 26 November 25, 1975, Colt Industries of Ohio .was:*, i-ncorpoi?ate^r|j the State of Ohio and on January 28, -1976 ,;/Garlocjc 27 into Colt Industries ofOhio which immediatefytichang"^ to Garlock Inc. Uwaftcooc SlaapQ Sc (Slaipg c uicimvt awTB. sun ms A hc*tm one DM Wnonx. cauodu 1 Finished compressed asbestos sheet is either cut into gaskets by Garlock or sold for use by others in cutting gaskets. Garlock's flexible and durable gasketing material is handled, I installed and removed in all intended applications without 3 releasing meaningful quantities, if any, of asbestos fibers into the air. Garlock's compressed asbestos sheets and gaskets are 4 treated with an anti-stick releasing agent which reduces any tendency of the gaskets to adhere to pipe flanges during removal 5 and replacement. This anti-stick agent facilitates the removal of old gaskets without generating dust. Other Garlock products come 6 in specific sizes for application and do not generally require modification before or during application or use. Garlock states / further that from ninety-five percent to ninety-eight percent of its asbestos-containing products have been made only with ... 8 chrysotile asbestos fiber and that the remaining two percent to, five percent of such products have been made with crocidolite 9 asbestos fiber. 10 Introduction, improvement, modification and discontinuance, of styles of all kinds has been a continuing process at Gar lock*; 11 Over the years, Garlock has discontinued the manufacture and sale . of numerous styles- of asbestos-containing products. The reasons^ 12 were basically economic in that the market for the particular* product was such that the manufacture and sale was not 13 profitable. Also, as new and better products have introduced^.- older products .have become obsolete and unprofitable. - .. 14 The records necessary to provide the additional masses->df] 15 detailed information required in this interrogatory, have mostly^ been destroyed in accordance with Garlock's longstanding reten>t- 16 tion and destruction policy. A copy of the current policy* attached as Exhibit "AM . 17 18 ANSWER TO INTERROGATORY NO. 11: 19 Not applicable. 20 ANSWER TO INTERROGATORY NO. 12: -21 |G^arlgck _has__appled__customer- branding- to--gasket4-ng--ma^terta.l^; purchased by private brand accounts. Such accounts have included^* 22 the Anchor Packing Company, Drew Chemical Corporation, Honest George Header Gasket, J.A. Sexauer, Sepco Corporation 23 Vellumoid, Inc. Garlock has no record, knowledge, or recollecti',,5 of any specific "rebranding agreements". 24 25 26 27 28Law Offices Of SlaspB k (Slospg ANSWER TO INTERROGATORY NO. 13: : - ur' Garlock has, from - time to time, purchased ing products from others. for*.v sa le:v;undter-;^h^^ Garlock has, no record, knowledge,- orVrecollecVi'on^^^^^'^^ "rebranding^agreements" mm f.M c vsarrm cwrs. sum >u MNQttMCmCCttM. TfljPWHUlMI - . .-,w. 1 DATED: 2 3 4 5 6 7 8 9 10 11 12 13 1 VERIFICATION 2 3 I, Harold D. Retting, am an officer of Garlock Inc, a 4 defendant in the above-entitled matter; I have read the foregoing 5 further responses of defendant, Garlock Inc to plaintiff's 6 interrogatories (first set) and know the contents thereof; that 7 the same is true of my own knowledge, except as to the matters 8 which are therein stated on information or belief, and to those 9 matters, I believe it to be true. 10 I declare under penalty of perjury under the laws of the 11 State of California that the foregoing is true and correct. 12 Executed on 13 , 1982, at Long View, Texas. 14 15 16 17 18 19 20 21 ] GABRIEL A. JACKSON. Stale Bar No. 98119 PETER K. RENSTROM. State Bar No. 148459 2 ANA T. PORTILLO. State Bar No. 206193 JACKSON & WALLACE LLP 3 55 Francisco Street. 6th Floor San Francisco. CA 94133 4 Tel: 415.982.6300 Fax: 415.982.6700 5 Attorneys for Defendant 6 J.A. SEXAUER MANUFACTURING. INC. 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA 10 11 AMY HOGAN, et al Case No. G04154680 12 Plaintiff, 13 v. J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ONE 14 ALCOA INC., et al.. 15 Defendant. 16 PROPOUNDING PARTY: Plaintiff, AMY HOGAN, et al. 17 RESPONDING PARTY: 18 Defendant, J.A. SEXAUER MANUFACTURING CO., INC. SET NUMBER: 19 ONE GENE RAL OBJECTIONS AND RESERVATIONS 20 21 1. 22 23 24 25 26 2. 27 The defendant is a plumbing supplier. Since the complaint and discovery to date fails to identify the specific DEFENDANT'S product which is alleged to have caused or contributed to his injury and the period involved, this defendant objects to the interrogatories as being unduly burdensome, oppressive, over broad, designed to cause this defendant unnecessary time and expense, and not reasonably calculated to lead to the discovery of admissible evidence and outside the scope of discovery. Defendant objects to plaintiffs interrogatories to the extent that they seek information which is subject to the attorney-client privilege and/or is protected by the attorney work product doctrine. 28 .ACE 1176373 J.A. SF.XAUF.R'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ONE ] 2 3 4. 4 5 Defendant objects to plaintiffs interrogatories to the extent that they seek information that is not within the personal knowledge of DEFENDANT'S current employees. Defendant objects to plaintiffs interrogatories as overly broad and unduly burdensome and oppressive in that to date no plaintiff or product identification witness has identified any asbestos-containing product of defendant at any specific job site. 6 5. 7 8 9 10 ]] 12 6. 13 14 15 16 17 7. 18 19 20 8. 21 22 9. 23 24 25 26 27 Defendant objects to these interrogatories on the grounds that they are unduly burdensome in that they seek to require defendant to: (a) provide information other than that which may be obtained through a reasonably diligent search of its records; (b) respond other than in accordance with the applicable rules; (c) locate or interview former employees, insurance carriers, consultants or any other person not presently employed or engaged by defendant (d) respond to any aspect of an interrogatory not described with reasonable particularity by the express language of the interrogatory; (e) provide an expert opinion which is beyond the scope of DEFENDANT'S knowledge or obligation to respond; or (f) provide information which is equally as available to plaintiff as it is to defendant Defendant further objects to these interrogatories on the grounds that they are irrelevant and overly broad in time and scope in that they seek to require defendant to respond to questions about (a) products other than the products at issue in these actions; (b) dates outside of the period at issue in these actions; (c) non-employees of defendant; and (d) persons and other matters having no connection with defendant or this litigation. Inquiry into such areas is neither relevant nor reasonably calculated to lead to the discovery of relevant, admissible evidence. Defendant objects to these interrogatories on the grounds that they are vague, unintelligible, nonspecific and/or that they use undefined terms capable of more than one interpretation or which require defendant to speculate as to the specific information demanded by plaintiff, thereby, rendering the interrogatories as propounded incapable of being answered precisely. Defendant objects to these interrogatories on the grounds that they are redundant, argumentative, inflammatory or otherwise unfair and, in addition, they assume facts not in evidence in these actions. Defendant objects to these interrogatories on the ground that they are overly broad and unduly oppressive and harassing in time and scope, in that they designate extensive periods of time or request information without limiting or specifying the time period or facts to the time/facts alleged by the plaintiffs. As a result of plaintiffs' failure to specify the relevant time period, many of the discovery requests fail to distinguish relevant from irrelevant matter. Many of the interrogatories call for defendant to provide a response concerning events and records spanning a period of more than seven decades. 28 1176373 2 3.A. SEX AUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 10 2 J 4 11. 5 6 12. 7 8 9 13. 10 ]] Defendant also objects to these interrogatories on the ground 1 hat they assume the truth of matters not in evidence, and on the ground that they seek information which is not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of relevant, admissible evidence. Defendant does not concede that any of its responses to these interrogatories are or will be deemed admissible evidence at the trial or any of these actions, and defendant does not waive any objection or privilege on any ground, whether or not asserted herein, to the use of any such response at trial. Defendant objects to plaintiffs' interrogatories to the extent that they seek disclosures of information generated by persons other than defendant that has come into the possession of DEFENDANT'S counsel during the course of discovery and trial preparation in asbestos-related litigation. These general objections are explicitly made a part of and incorporated by reference into each response hereinafter provided, regardless of whether each such individual response so states. ' 12 Without waiver of any of the foregoing objections, defendant states as follows: 13 INTERROGATORY NO. 1: 14 Please IDENTIFY each individual who provided information for the preparation of 15 DEFENDANT'S responses to these interrogatories. 16 "IDENTIFY" shall refer to the full name, current or last known address, and telephone 17 number, and if individual is or was an employee of DEFENDANT, all job titles, of the named 18 individual(s) or entity(ies). 19 "DEFENDANT" shall refer to defendant J.A. Sexauer Manufacturing Co., Inc., and to its 20 parent entities, predecessors, subsidiaries, divisions, and contract units. 21 22 ANSWER: Defendant objects to this interrogatory on the ground that it attempts to 23 identify specific individuals who provided these answers. No specific individual may be the 24 source of any particular answer since they are most frequently the result of the recollections of 25 events going back over forty years and which have been reconstructed by counsel. Accordingly, this interrogatory may seek to inquire into matters involving the attorney-client communications 26 and attorney and work product privileges. Without waiving any objection, defendant states: 27 defense counsel prepared these answers with information supplied by personnel from defendant, 28 AO: 1176373 3 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] including: Carmelo Sbezzi, former Vice President for Sales and Purchasing. 222 Martling Ave. 2 Apt. 4P, Tarrytown, NY 10591. jo INTERROGATORY NO. 2: 4 Please describe fully all INVESTIGATIONS undertaken by DEFENDANT to obtain the 5 information sought in this set of interrogatories. 6 "INVESTIGATIONS" shall refer to all research, interviews, review, communications and 7 other efforts to obtain information. 8 9 ANSWER: See response to Interrogatory No. I. Mr. Sbezzi who was employed by 10 J.A. Sexauer during the relevant period, sought to determine who the sales representatives were 11 and the records of sales made in the San Francisco Bay Area by interviewing current and former 12 employees and relying on his own knowledge. Mr. Sbezzi has spoken to Frank O'Connell, Vice 13 President of Sales; Lloyd Inana, regional manager; Clint Carmichael, salesman; John Contos, 14 retired regional manager; Gil Silva, retired President of J.A. Sexauer. 15 16 INTERROGATORY NO. 3: 17 Please set forth fully DEFENDANT'S RECORD RETENTION POLICY. 18 "RECORD RETENTION POLICY" shall refer to any policy pursuant to which 19 DEFENDANT'S DOCUMENTS are maintained or destroyed, including the legal and financial 20 basis for deciding how long to retain documents, the period of time required and what categories 21 of documents are subject to DEFENDANT'S document retention policy. 22 "DOCUMENTS" shall refer to all manually, mechanically or electronically written or 23 recorded audio or visual materials and computer files known to defendant, including but not 24 limited to databases, electronic mail messages, financial data, spreadsheets, accounting system 25 information, indices of computer records, correspondence, memoranda, telegrams, notations, 26 records, receipts, invoices, bills, purchase orders, sales records, delivery records, shipping 27 manifests, bids, contracts, contract logs, catalogs, specifications, approved material submittals 28 ACE 1176373 4 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] and change orders, as-built specifications, applications specifications, blueprints, plans, diagrams, 2 indexes, computer-stored records, computer record indexes, microfilms, microfiche, warranties, n J guarantees, calendars, diaries, videotapes, photographs, tape recordings, asbestos surveys, 4 asbestos sample testing reports, abatement reports, books, brochures, safety manuals, union 5 regulations, company regulations, depositions, trial testimony, trial exhibits, and statements. 6 ANSWER: Sexauer does not have a record retention policy. The relevant records were 7 8 discarded over the years as a result of lack of use, space needs and the sale of the company. Any 9 Sexauer records would be kept at Interline Brands, Inc. 801 West Bay Street, Jacksonville, FL 10 32204. ]] INTERROGATORY NO. 4: 12 Please IDENTIFY each of DEFENDANT'S custodians of records. 13 14 ANSWER: Tom Tossavaimen, 801 West Bay Street, Jacksonville, FL 32204. 15 16 INTERROGATORY NO. 5: 17 If DEFENDANT has ever done business under any other name(s), please state each name 18 and the lime period during which DEFENDANT was so known or identified. 19 ANSWER: Prior to its acquisition by Interline Brands, Inc., Defendant was named J.A. 20 Sexauer, Inc. 21 INTERROGATORY NO. 6: 22 Has DEFENDANT had a RELATIONSHIP with Interline Brands, Inc. at any time? 23 "RELATIONSHIP" shall refer to each and every interest, business transaction and/or 24 association, including but not limited to successor, equitable trustee, association, partnership, 25 subsidiary, division, predecessor, parent company, sister company, alter ego, merger, coordinated 26 operation, combined operation, shared operation, purchase, sale, agreement, contract, shared 27 facility, real property interest, shared accounting and/or financing activity between 28 DEFENDANT and the referenced entity. 1176373 5 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] ANSWER: J.A. Sexauer was a privately held company until 1976 when it was bought 2 by the investment firm of Dyson. Kissoner. & Moran. Wilmar Industries, Inc. acquired Sexauer j in November 1999 and changed its name to Interline Brands. Inc. in June 2001. 4 INTERROGATORY NO. 7: 5 Please set forth in detail the RELATIONSHIP between DEFENDANT and Interline 6 Brands. Inc. 7 ANSWER: See answer to Interrogatory No. 6. 8 INTERROGATORY NO. 8: 9 Please IDENTIFY the person(s) most knowledgeable regarding the RELATIONSHIP 10 between DEFENDANT and Interline Brands, Inc. ]] ANSWER: Laurence Howard. Vice President, General Counsel and Secretary of 12 Interline Brands, Inc., 801 West Bay Street, Jacksonville, FL 32204 13 INTERROGATORY NO. 9: 14 Please DESCRIBE all DOCUMENTS containing information regarding the 15 RELATIONSHIP between DEFENDANT and Interline Brands, Inc. 16 "DESCRIBE" shall refer to a complete description that is sufficient for the requirements 17 of a request for production of documents under Chapter 14 of the Civil Discovery Code, 18 including the title, date, current location and author of said DOCUMENT. 19 ANSWER: Defendant will produce the acquisition agreement pursuant to a 20 Confidentiality Agreement between DEFENDANT and Plaintiffs' Counsel. 21 INTERROGATORY NO. 10: 22 Does Interline Brands, Inc. have any ownership interest in DEFENDANT? 23 ANSWER: Yes. 24 INTERROGATORY NO. 11: 25 Please state the percentage of ownership interest Interline Brands, Inc. has in 26 DEFENDANT. . 27 ANSWER: 100 %. 28 INTERROGATORY NO. 12: ]176373 6 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] Please IDENTIFY the person(s) most knowledgeable regarding any ownership interest 2 Interline Brands, Inc. has in DEFENDANT. 3 ANSWER: See answer to Interrogatory No. 8. 4 INTERROGATORY NO. 13: 5 Please DESCRIBE all DOCUMENTS that contain information regarding any ownership 6 interest Interline Brands. Inc. has in DEFENDANT. 7 ANSWER: See answer to Interrogatory No. 6. 8 INTERROGATORY NO. 14: 9 Please state whether Interline Brands. Inc. ever used its financial resources to satisfy the ]0 OBLIGATIONS of DEFENDANT. 11 "OBLIGATIONS" shall refer to salaries, expenses, loans, liabilities, losses or other costs. 12 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 13 information available to responding party. Without waiving such objection, responding party 14 responds as follows: No. 15 INTERROGATORY NO. 15: 16 Please IDENTIFY the person(s) most knowledgeable regarding Interline Brands, Inc. 17 using its financial resources to satisfy the OBLIGATIONS of DEFENDANT. 18 ANSWER: Not applicable. 19 INTERROGATORY NO. 16: 20 Please DESCRIBE all DOCUMEN TS which contain information regarding Interline 21 Brands, Inc. using its financial resources to satisfy the OBLIGATIONS of DEFENDANT. 22 ANSWER: Not applicable. 23 INTERROGATORY NO. 17: 24 Please state whether Interline Brands, Inc. has ever maintained an insurance policy which 25 included coverage for DEFENDANT for liability in asbestos-related lawsuits. 26 ANSWER: No. 27 INTERROGATORY NO. 18: 28 Please set forth in detail each insurance policy Interline Brands, Inc. has ever maintained A CP. I I 76373 7 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET I which includes coverage for DEFENDANT for liability in asbestos-related lawsuits. 2 ANSWER: None. Jo INTERROGATORY NO. 19: 4 Please IDENTIFY the person(s) most knowledgeable regarding insurance policies ever 5 maintained by Interline Brands. Inc. which include coverage for DEFENDANT for liability in 6 asbestos-related lawsuits. 7 ANSWER: Not applicable. . 8 INTERROGATORY NO. 20: 9 Please DESCRIBE all DOCUMENTS that contain information regarding insurance 10 policies held by Interline Brands, Inc. which include coverage for DEFENDANT for liability in ] 1 asbestos-related lawsuits. 12 ANSWER: None. ]3 INTERROGATORY NO. 21: 14 Did Interline Brands, Inc. acquire any liabilities for asbestos-related injuries from 15 DEFENDANT? 16 ANSWER: See acquisition agreement produced pursuant to Interrogatory No. 9. 17 INTERROGATORY NO. 22: 18 Please set forth fully all liabilities Interline Brands, Inc. acquired from DEFENDANT for 19 asbestos-related injuries. 20 ANSWER: See answer to Interrogatory No. 9. 21 INTERROGATORY NO. 23: 22 Please IDENTIFY the individual(s) most knowledgeable regarding liabilities Interline 23 Brands, Inc. acquired from DEFENDANT for asbestos-related injuries. 24 ANSWER: See answer to Interrogatory No. 8. 25 INTERROGATORY NO. 24: 26 Please DESCRIBE all DOCUMENTS that contain information regarding liabilities 27 Interline Brands, Inc. acquired from DEFENDANT for asbestos-related injuries. 28 ANSWER: See answer to Interrogatory No. 9. 1176373 8 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] INTERROGATORY NO. 25: 2 Is Interline Brands. Inc. liable for any products DISTRIBUTED by DEFENDANT prior to o 1977? 4 "DISTRIBUTE(D)," "DISTRIBUTION" shall refer to sale, supply, shipment, delivery, 5 provision and/or distribution. 6 ANSWER: No. 7 8 INTERROGATORY NO. 26: 9 Please NAME all products DEFENDANT DISTRIBUTED prior to 1977 for which 10 Interline Brands, Inc. is liable. 11 ANSWER: None. 12 INTERROGATORY NO. 27: 13 Please set forth fully Interline Brands, Inc.'s liability for products DISTRIBUTED by 14 DEFENDANT prior to 1977. 15 ANSWER: None. 16 INTERROGATORY NO. 28: 17 Please IDENTIFY the individual(s) most knowledgeable regarding Interline Brands Inc.'s 18 liability for products DISTRIBUTED by DEFENDANT prior to 1977. 19 ANSWER: See answer to Interrogatory No. 8. 20 INTERROGATORY NO. 29: 21 Please DESCRIBE all DOCUMENTS that contain information regarding Interline Brands 22 Inc.'s liability for products DISTRIBUTED by DEFENDANT prior to 1977. 23 ANSWER: See answer to Interrogatory No. 9. 24 INTERROGATORY NO. 30: 25 Did DEFENDANT manufacture ASBESTOS-CONTAINING PRODUCTS at any time 26 prior to 1977? 27 "ASBESTOS-CONTAINING PRODUCTS" shall refer to any and all products that 28 contain any asbestos dust or fiber, including but not limited to gaskets, packing, wicking, yarn, ATF 1176373 9 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] washers, joint runners, sheet packing and valves. 2 ANSWER: No. jo INTERROGATORY NO. 31: 4 Please NAME all ASBESTOS-CONTAINING PRODUCTS DEFENDANT 5 manufactured prior to 1977. 6 ANSWER: None. 7 8 INTERROGATORY NO. 32: 9 Please state the inclusive years during which DEFENDANT manufactured each 10 ASBESTOS-CONTAINING PRODUCT identified in the preceding interrogatory. ]] ANSWER: Not applicable. 12 INTERROGATORY NO. 33: 13 Please state the ASBESTOS CONTENT of each ASBESTOS-CONTAINING PRODUCT 14 DEFENDANT manufactured prior to 1977. 15 "ASBESTOS CONTENT''shall refer to the quantity of each and every type of asbestos 16 fiber, including but not limited to chrysotile. amosile. crocidolite. tremolite. talc, and talc ore, 17 contained in each product, measured by percentage, volume, weight or mass. 18 ANSWER: Not applicable. 19 INTERROGATORY NO. 34: 20 Please IDENTIFY all sources from which DEFENDANT obtained the asbestos 21 incorporated into the ASBESTOS-CONTAINING PRODUCTS DEFENDANT manufactured 22 prior to 1977. 23 ANSWER: Not applicable. 24 INTERROGATORY NO. 35: 25 Please IDENTIFY the individual(s) most knowledgeable regarding DEFENDANT'S 26 manufacture of ASBESTOS-CONTAINING PRODUCTS prior to 1977. 27 ANSWER: Not applicable. 28 INTERROGATORY NO. 36: ACE 1176373 10 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] Please DESCRIBE all DOCUMENTS that contain information regarding 2 DEFENDANT'S manufacture of ASBESTOS-CONTAINING PRODUCTS prior to 1977. 3 ANSWER: None. 4 INTERROGATORY NO. 37: 5 Did DEFENDANT DISTRIBUTE ASBESTOS-CONTAINING PRODUCTS in the BAY 6 AREA prior to 1977? 7 8 "BAY AREA" shall include San Francisco. Alameda, Marin, Solano, Santa Clara, San 9 Joaquin, Napa, Sonoma and Mendocino Counties in the State of California. 10 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 11 information provided to responding party. Without waiving such objection, responding party 12 responds as follows: It may have distributed a minimal volume of gaskets and packings bought 13 from manufacturers sometimes containing percentages of asbestos. 14 INTERROGATORY NO. 38: 15 Please state the inclusive years, prior to 1977, during which DEFENDANT 16 DISTRIBUTED ASBESTOS-CONTAINING PRODUCTS in the BAY AREA. 17 ANSWER: See answer to Interrogatory No. 37. 18 INTERROGATORY NO. 39: 19 Please NAME all ASBESTOS-CONTAINING PRODUCTS DEFENDANT 20 DISTRIBUTED in the BAY AREA prior to 1977. 21 ANSWER: See answer to Interrogatory No. 37. 22 INTERROGATORY NO. 40: 23 Please IDENTIFY all of DEFENDANT'S employees responsible for DISTRIBUTION in 24 the BAY AREA prior to 1977. 25 ANSWER: Jack Heinen and Ernest Kloepfel. Although both of these gentlemen are 26 thought to be deceased, their last known addresses are as follows: Jack Heinen 55 Castlewood 27 Dr., San Rafael, CA 94901; Ernest Kloepfel 5100 O'Bannon Dr., Las Vegas, Nevada. 28 Defendant attempted to contact both these gentlemen during its investigation to respond to these 1176373 ]] J.A. SBXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 interrogatories. However. Defendant was unable to contact them. 2 INTERROGATORY NO. 41: oJ) Please IDENTIFY the individual(s) most knowledgeable regarding DEFENDANT'S 4 DISTRIBUTION of ASBESTOS-CONTAINING PRODUCTS in the BAY AREA prior to 1 977. 5 ANSWER: Carmelo Sbezzi, former Vice President for Sales and Purchasing, 222 6 Marlling Ave. Apt. 4P, Tarrytown.NY 10591. 7 8 INTERROGATORY NO. 42: 9 Please DESCRIBE all DOCUMENTS that contain information regarding 10 DEFENDANT'S DISTRIBUTION of ASBESTOS-CONTAINING PRODUCTS in the BAY ]1 AREA prior to 1977. . 12 ANSWER: None. 13 INTERROGATORY NO. 43: 14 Please IDENTIFY all of DEFENDANT'S distributors in the BAY AREA prior to 1977. 15 ANSWER: None. 16 INTERROGATORY NO. 44: 17 Please IDENTIFY the individual(s) most knowledgeable regarding DEFENDANT'S 18 distributors in the BAY AREA prior to 1977. 19 ANSWER: Not applicable. 20 INTERROGATORY NO. 45: 21 Please DESCRIBE all DOCUMENTS that contain information regarding 22 DEFENDANT'S distributors in the BAY AREA prior to 1977. 23 ANSWER: None 24 INTERROGATORY NO. 46: 25 Please IDENTIFY all of DEFENDANT'S sales representatives in the BAY AREA prior 26 to 1977. 27 ANSWER: Jack Heinen and Ernest Kloepfel. 28 INTERROGATORY NO. 47: 1176373 12 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 Please IDENTIFY the individuaJ(s) most knowledgeable regarding DEFENDANT'S sales 2 representative in the BAY AREA prior to 1977. 3 ANSWER: Carmelo Sbezzi. 4 INTERROGATORY NO. 48: 5 Please DESCRIBE all DOCUMENTS that contain information regarding 6 DEFENDAN T'S sales representatives in the BAY AREA prior to 1977. 7 ANSWER: None. 8 INTERROGATORY NO. 49: 9 Did DEFENDANT SUPPLY ASBESTOS-CONTAINING PRODUCTS to 10 EMPLOYERS? 11 "SUPPLY(IED)" shall refer to sale, shipment, delivery, provision and/or distribution. 12 "EMPLOYERS" shall refer to the following, decedent Hogan's employers, for the time 13 periods listed: 14 1) Moore Dry Dock Company, Oakland, CA, prior to 1956; 15 2) Servadei Service, Inc., San Francisco, CA, prior to 1963; 16 3) Siro Viacava aka Siros Plumbing, San Francisco, CA, or Siros Plumbing & Heating, 17 Inc.. Millbrae, CA, prior to 1966; 18 4) Jack Rosen. Inc., San Francisco. CA, prior to 1967; 19 5) Sam Wallace Co. of Northern California, Inc., prior to 1968; 20 6) Higgins Plumbing, San Francisco, CA, prior to 1968; 21 7) Louis V. Keller, San Francisco, CA, prior to 1976; 22 8) Harry Lee Plumbing & Healing Inc., Burlingame, CA, prior to 1977 23 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 24 information available to responding party. Without waiving such objection, responding party 25 responds as follows: Responding party has in its possession no information reflecting sales to the 26 identified employers. 27 INTERROGATORY NO. 50: 28 Please list all EMPLOYERS to which DEFENDANT SUPPLIED ASBESTOS- ACF. 1176.173 13 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 responds as follows: None. 2 INTERROGATORY NO. 55: 3 Please IDENTIFY the individual(s) most knowledgeable regarding DEFENDANT'S 4 SUPPLY of ASBESTOS-CONTAINING PRODUCTS to EMPLOYERS. 5 6 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 7 information available to responding party. Without waiving such objection, responding party 8 responds as follows: None. 9 INTERROGATORY NO. 56: 10 Please DESCRIBE all DOCUMENTS that contain information regarding 11 DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING PRODUCTS to EMPLOYERS. 12 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 13 information available to responding party. Without waiving such objection, responding party 14 responds as follows: None. 15 INTERROGATORY NO. 57: 16 Did DEFENDANT SUPPLY ASBESTOS-CONTAINING PRODUCTS to any 17 CONTRACTOR prior to 1977? 18 "CONTRACTORS" shall refer to all contractors and sub-contractors, including but not 19 limited to general contractors, insulation contractors, erection contractors, setting contractors, 20 heating, ventilation and air conditioning (HVAC) contractors, fireproofing application 21 contractors, boiler installation contractors, sheet metal contractors, drywal) contractors, plastering 22 contractors, acoustical materials contractors, mechanical contractors, plumbing contractors, 23 electrical contractors, flooring contractors, and/or wall finishing contractors, including but not 24 limited to Keller, Plumbing, Frank D. Smith Plasterers, Pierce Lathing, Standard Insulation, 25 Structural Fireproofing, FDCC California, Inc., Malachi, All City Steam, Nibbi Construction, 26 Dinwiddie Construction Company, Swinerton Builders, Swinerton Incorporated. Swinerton & 27 Walberg, Douglass Insulation Co., Plant Construction, Golden Gate Drywal 1, Marconi Plastering 28 Company, Inc., J.T. Thorpe & Son, Inc., D. Zelinsky & Sons, Inc., Thomas Dee Engineering Co. ACE 1176373 ]5 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] ANSWER: Defendant objects to this interrogatory on the grounds that it is overly 2 broad in time and scope and is neither relevant nor reasonably calculated to lead to ihe discovery 3 of relevant, admissible evidence. Without waiving this objection, defendant has no record of such 4 sales. 5 6 INTERROGATORY NO. 58: 7 Please list all CONTRACTORS to which DEFENDANT SUPPLIED ASBESTOS- 8 CONTAINING PRODUCTS prior to 1977. 9 ANSWER: See answer to Interrogatory No. 57. 10 INTERROGATORY NO. 59: 11 Please state all years, prior to 1977, during which DEFENDANT SUPPLIED 12 ASBESTOS-CONTAINING PRODUCTS to each CONTRACTOR. 13 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 14 information available to responding party. Without waiving such objection, responding party 15 responds as follows: None. 16 INTERROGATORY NO. 60: 17 Please NAME all ASBESTOS-CONTAINING PRODUCTS DEFENDANT SUPPLIED 18 to each CONTRACTOR prior to 1977. 19 ANSWER: Not applicable. 20 INTERROGATORY NO. 61: 21 Please state the QUANTITY of ASBESTOS-CONTAINING PRODUCTS DEFENDANT 22 SUPPLIED to each CONTRACTOR in each year prior to 1977. 23 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 24 information available to responding party. Without waiving such objection, responding party 25 responds as follows: Not applicable. 26 INTERROGATORY NO. 62: 27 Please IDENTIFY all of DEFENDANTS employees responsible for sales to 28 CONTRACTORS prior to 1977. ACE 1176373 16 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] ANSWER: Objection: vague, overbroad, and ambiguous based on the current 2 information available to responding party. Without waiving such objection, responding party n J responds as follows: None. 4 5 6 INTERROGATORY NO. 63: 1 Please IDENTIFY the individual(s) most knowledgeable regarding DEFENDANT'S 8 SUPPLY of ASBESTOS-CONTAINING PRODUCTS to CONTRACTORS prior to 1977. 9 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 10 information available to responding party. Without waiving such objection, responding party 11 responds as follows: None. ] 2 INTERROGATORY NO. 64: ]3 Please DESCRIBE all DOCUMENTS that contain information regarding 14 DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING PRODUCTS to CONTRACTORS 15 prior to 1977. ] 6 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 17 information available to responding party. Without waiving such objection, responding party 18 responds as follows: None. 19 INTERROGATORY NO. 65: 20 Did DEFENDANT SUPPLY ASBESTOS-CONTAINING PRODUCTS to any WORK 21 SITE(S) prior to 1977? 22 "WORK SITES" shall refer to any of the following locations prior to 1977: 23 1) 100 Pine Street, San Francisco, California: 24 2) 120 Montgomery Street, San Francisco, CA; 25 3) Adam Grant Building, 114 Sansome St., San Francisco, CA; 26 4) Alcoa Building, One Maritime Plaza, San Francisco, CA; 27 5) Army Street Pier, San Francisco, CA; 28 6) Bechtel Building, 50 Beale Street, San Francisco, CA; Acr 1176373 17 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] 7) Bechtel Building. 45 Fremont Street, San Francisco, CA; 2 8) Bechtel Building 221 Main Street, San Francisco, CA; 3 9) California Pine (Cal-Pine) Apartments. California St., San Francisco, CA; 4 10) Children's Hospital, 3700 California Street, San Francisco, CA; 5 11) Crown ZeJJerbach Building, 1 Bush St., San Francisco, CA; 6 12) Ecole Notre Dame des Victoires, 659 Pine St., San Francisco, CA: 7 13) Emporium Building, 835-865 Market St., San Francisco, CA; 8 14) Emporium Daly City, 3 Serramonte Center, Daly City, CA; 9 15) Emporium Stonestown, 1 Stonestown Mall, San Francisco, CA; 10 16) Fairmont Hotel, 950 Mason St., San Francisco, CA; ] 1 17) Flood Building, 870 Market Street, 71 Ellis St., San Francisco, CA;18) French 12 American International School, 150 Oak St., San Francisco, CA; 13 19) Horace Mann Junior High School, 3351 23rd St., San Francisco, CA; 14 20) 1. Magnin Building, 233 Geary Blvd., San Francisco, CA; 15 21) Longfellow Elementary School, 755 Morse Street, San Francisco, CA; 16 22) Macy's Building, 239 - 281 Geary Blvd., 170 O'Farrell St. San Francisco, CA; 17 23) Macy's, 3 Serramonte Center, Daly City, CA; 18 24) Mark Hopkins Hotel, #1 Nob Hill/999 California St., San Francisco, CA; 19 25) Matson Building, 100 Mission St., San Francisco, CA; 20 26) Mission High School. 3750 18th St., San Francisco, CA; 21 27) Moore Dry Dock, Oakland, CA; 22 28) Pets Unlimited, 2343 Fillmore St., San Francisco, CA; 23 29) Phelan Building, 760 Market St., San Francisco, CA; 24 30) San Francisco General Hospital, 1001 Potrero Avenue, San Francisco, CA; 25 31) Shreve Building, 210 Post St., San Francisco, CA; 26 32) Singer Sewing Machine Building, 41 Stockton Street, San Francisco CA; 27 33) Standard Oil Building, 225 Bush St., San Francisco, CA; 28 34) Standard Oil Building, 115 Sansome Street, San Francisco, CA; 1176373 18 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 35) Standard Oil Building 555 Market St.. San Francisco. CA; 2 36) Standard Oil Building 575 Market St.. San Francisco. CA; 3 37) St. Francis Hotel Building. 335 Powell St.. San Francisco. CA; 4 38) St. Francis Hotel Building. 421 Post St.. San Francisco, CA: 5 39) St. Luke's Hospital, 3555 Cesar Chavez, formerly Army Street, San Francisco, CA; 6 40) Wells Fargo Bank Building, First/Market Streets or Market/Main Streets, San 7 Francisco, CA; 8 41) Wells Fargo Bank Building, Montgomery/Posl Streets, San Francisco, CA; 9 42) Wells Fargo Bank Sansome Computer Center, 394 Pacific St., San Francisco, CA; 10 43) Any and all buildings and/or structures located at The Presidio, San Francisco, CA. 11 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 12 information available to responding party. Without waiving such objection, responding party 13 responds as follows: it has no information reflecting sales to the identified work sites. 14 INTERROGATORY NO. 66: 15 Please list all WORK SITES to which DEFENDANT Defendant has no information 16 reflecting sales to the identified work sites SUPPLIED ASBESTOS-CONTAINING 17 PRODUCTS. 18 ANSWER: Defendant objects to this interrogatory on the grounds that it is overly 19 broad in time and scope and is neither relevant nor reasonably calculated to lead to the discovery 20 of relevant, admissible evidence. Without waiving this objection, defendant has no records of 21 such sales. 22 INTERROGATORY NO. 67: 23 Please state the years during which DEFENDANT SUPPLIED ASBESTOS- 24 CONTAINING PRODUCTS to each WORK SITE. 25 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 26 information available to responding party. Without waiving such objection, responding party 27 responds as follows: Not applicable. 28 INTERROGATORY NO. 68: 1176373 ' 19 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 Please NAME all ASBESTOS-CONTAINING PRODUCTS DEPENDANT SUPPLIED 2 to each WORK SITE. 3 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 4 information available to responding party. Without waiving such objection, responding party 5 responds as follows: Not applicable. 6 INTERROGATORY NO. 69: 7 Please state the QUANTITY of ASBESTOS-CONTAINING PRODUCTS DEFENDANT 8 SUPPLIED to each WORK SITE each year. . 9 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 10 information available to responding party. Withoul waiving such objection, responding party ]] responds as follows: Not applicable. 12 INTERROGATORY NO. 70: 13 Please IDENTIFY all of DEFENDANT'S employees responsible for sales to WORK 14 SITES prior to 1977. 15 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 16 information available to responding party. Without waiving such objection, responding party 17 responds as follows: None. 18 INTERROGATORY NO. 71: 19 Please IDENTIFY the individual(s) most knowledgeable regarding DEFENDANT'S 20 SUPPLY of ASBESTOS-CONTAINING PRODUCTS to WORK SITES. 21 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 22 information available lo responding party. Withoul waiving such objection, responding party 23 responds as follows: Not applicable. . 24 INTERROGATORY NO. 72: 25 Please DESCRIBE all DOCUMENTS that contain information regarding 26 DEFENDANT'S SUPPLY of ASBESTOS-CONTAINING PRODUCTS to WORK SITES. 27 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 28 information available to responding party. Without waiving such objection, responding party 1)76373 20 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] responds as follows; None. 2 INTERROGATORY NO. 73: 3 Did DEFENDANT recommend any procedures for the HANDLING of the ASBESTOS- 4 CONTAINING PRODUCTS DEFENDANT SUPPLIED prior to 1977? 5 6 "HANDLING" shall refer to the installation, removal, repair, handling, disturbance, or 7 manipulation in any manner of said products. 8 ANSWER: No. 9 INTERROGATORY NO. 74: ]0 Please set forth fully all procedures DEFENDANT recommended for the HANDLING of 11 ASBESTOS-CONTAINING PRODUCTS DEFENDANT SUPPLIED prior to 1977. 12 ANSWER: None. 13 INTERROGATORY NO. 75: 14 Please IDENTIFY the individual(s) most knowledgeable regarding procedures 15 DEFENDANT recommended for the HANDLING of ASBESTOS-CONTAINING PRODUCTS 16 DEFENDANT SUPPLIED prior to 1977. 17 ANSWER: Not applicable. 18 INTERROGATORY NO. 76: 19 Please DESCRIBE all DOCUMENTS that contain information regarding procedures 20 DEFENDANT recommended for the HANDLING of ASBESTOS-CONTAINING PRODUCTS 21 DEFENDANT SUPPLIED prior to 1977. 22 ANSWER: Not applicable. 23 INTERROGATORY NO. 77: 24 Did DEFENDANT provide information to anyone regarding the HAZARDS OF 25 ASBESTOS at any time prior to 1977? 26 "HAZARDS OF ASBESTOS" shall refer to the deadly nature of asbestos, including but 27 not limited to the hazards of inhaling asbestos fibers. 28 ANSWER: No. 1176373 21 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 INTERROGATORY NO. 78: 2 Please set forth fully all information DEFENDANT provided to anyone regarding the 3 HAZARDS OF ASBESTOS at any time prior to 1977. 4 ANSWER: None. 5 6 INTERROGATORY NO. 79: 7 Please DESCRIBE all DOCUMENTS that DEFENDANT provided to anyone regarding 8 the HAZARDS OF ASBESTOS at any time prior to 1977. 9 ANSWER: None. 10 INTERROGATORY NO. 80: 11 Please state when DEFENDANT first became aware of the association between inhaling 12 asbestos fibers and disease in human beings. 13 ANSWER: Objection: vague, overbroad, and ambiguous based on the current 14 information available to responding party. Without waiving such objection, responding party 15 responds as follows: Defendant only distributed minimal amounts of gaskets and packings, some 16 of which sometimes contained asbestos, and therefore it had no such knowledge. 17 INTERROGATORY NO. 81: 18 Please state how DEFENDANT first became aware of the association between inhaling 19 asbestos fibers and disease in human beings. 20 ANSWER: Defendant has no such knowledge regarding the gaskets and packings it 21 distributed. Defendant became aware of a claimed association between asbestos insulation and 22 disease in the late 1970's through the general media. 23 INTERROGATORY NO. 82: 24 Please IDENTIFY the person(s) most knowledgeable regarding how DEFENDANT first 25 became aware of the association between inhaling asbestos fibers and disease in human beings. 26 ANSWER: See response to Interrogatory No. 1 27 INTERROGATORY NO. 83: 28 Please DESCRIBE all DOCUMENTS that contain information regarding how ACE 1176373 22 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 DEFENDANT first learned of the association between inhaling asbestos fibers and disease in 2 human beings. 3 ANSWER: Not applicable. 4 5 6 INTERROGATORY NO. 84: 7 Was DEFENDANT in the possession of any DOCUMENTS prior to 1 977 relating to the 8 association between inhaling asbestos fibers and disease in human beings? 9 ANSWER: No. . 10 INTERROGATORY NO. 85: 11 Please DESCRIBE all DOCUMENTS in DEFENDANT'S possession prior to 1977 12 relating to the association between inhaling asbestos fibers and disease in human beings. 13 ANSWER: None. . 14 INTERROGATORY NO. 86: 15 Please IDENTIFY the custodian(s) of any DOCUMENTS in DEFENDANT'S possession 16 prior to 1977 relating to the association between inhaling asbestos fibers and disease in human 17 beings. 18 ANSWER: None. 19 INTERROGATORY NO. 87: 20 Did DEFENDANT employ any industrial hygienists prior to 1977? 21 ANSWER: No. 22 INTERROGATORY NO. 88: 23 Please IDENTIFY all industrial hygienists DEFENDANT employed prior to 1977. 24 ANSWER: None. 25 INTERROGATORY NO. 89: . 26 Please set forth fully the job duties of each industrial hygienist DEFENDANT employed 27 prior to 1977. 28 ANSWER: Not applicable. 1176373 23 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 INTERROGATORY NO. 90: 2 Please IDENTIFY the person(s) mosl knowledgeable regarding industrial hygienists j DEFENDANT employed prior to 1977. 4 ANSWER: Not applicable. 5 6 INTERROGATORY NO. 91: 7 Please DESCRIBE all DOCUMENTS that contain information regarding industrial 8 hygienists DEFENDANT employed prior to 1977. 9 ANSWER: Not applicable. 10 INTERROGATORY NO. 92: 11 Did DEFENDANT receive any information prior to 1977 regarding the results of any test 12 or study on the health consequences of inhaling asbestos Fibers? 13 ANSWER: No. 14 INTERROGATORY NO. 93: 15 Please set forth fully all information DEFENDANT received prior to 1977 regarding the 16 results of any test or study on the health consequences of inhaling asbestos fibers. 17 ANSWER: None. 18 INTERROGATORY NO. 94: 19 Please IDENTIFY all entities from which DEFENDANT received information prior to 20 1977 regarding the results of any test or study on the health consequences of inhaling asbestos 21 fibers. 22 ANSWER: None. 23 INTERROGATORY NO. 95: 24 Please IDENTIFY the person(s) most knowledgeable regarding information 25 DEFENDANT received prior to 1977 regarding the results of any test or study on the health 26 consequences of inhaling asbestos fibers. 27 ANSWER: Not applicable. 28 Ill 1176373 24 J.A. SEX AUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ] III 2 III 3 III 4 111 5 III 6 INTERROGATORY NO. 96: 7 Please DESCRIBE all DOCUMENTS DEFENDANT received prior to 1977 regarding the results 8 of any lest or study on the health consequences of inhaling asbestos fibers. 9 ANSWER: None. ]0 Dated: 11 I, 2006 JACKSON & WALLACE LLP 12 13 ANA T. PORTILLO Attorneys for Defendant 14 J.A. SEXAUER MANUFACTURING, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ACE 1176373 25 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 VERIFICATION 2 1 have read-the foregoing FIRST AMENDED RESPONSES TO 3 PLAINTIFFS' INTERROGATORIES, SET ONE. and know its contents. 4 1 am a party to this action. The matters stated in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to 5 those matters I believe them to be true. 6 1 am the former Vice President of Sales and Purchasing for J.A. Sexauer, Inc., a party to this action, and am authorized to make this verification for and on its 7 behalf, and 1 make this verification for that reason. 1 have read the foregoing document(s). 1 am informed and believe and on that ground allege that the 8 matters stated in it are true. 9 1 am one of the attorneys of record for, a party to this action. Such party is absent from the county in which 1 have my office, and 1 make this 10 verification for and on behalf of that party for that reason. 1 have read the foregoing document(s). 1 am informed and believe and on that ground allege that 11 the matters stated in it are true. 12 Executed at (city and state), on:, 2006. 13 1 declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. 15 16 Carmelo Sbezzi 17 18 19 20 21 22 23 24 25 26 27 28 1176373 26 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 VERIFICATION 2 J have read the foregoing FIRST AMENDED RESPONSES TO ''i PLAINTIFFS' INTERROGATORIES, SET ONE, and know its contents. 4 I I 1 am a party to this action. The matters stated in it are true of my own knowledge -- except as to those matters which are stated on information and belief, and as to 5 those matters 1 believe them to be true. 6 1 am the former Vice President of Sales and Purchasing for J.A. Sexauer, Inc., a -- party to this action, and am authorized to make this verification for and on its 7 behalf, and 1 make this verification for that reason. 1 have read the foregoing document(s). 1 am informed and believe and on that ground allege that the 8 matters stated in it are true. 9 I I 1 am one of the attorneys of record for, a party to this action. --' Such party is absent from the county in which 1 have my office, and 1 make this 10 verification for and on behalf of that party for that reason. I have read the foregoing document(s). 1 am informed and believe and on that ground allege that 11 the matters stated in it are true. 12 Executed at (city and state), on, 2006. 13 1 declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. 15 16 17 18 19 20 21 22 23 24 25 26 27 1176373 26 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 PROOF OF SERVICE 2 I. Tybera Y. Payton, declare: 3 1 am a citizen of the United States and employed in San Francisco County. California. I 4 am over the aee of eighteen years and not a party to the within-entitled action. Mv business 5 address is 55 Francisco Street, 6th Floor. San Francisco, California 94133. On-JuK"S<7. 2006.1 6 served a copy of the within document(s): 7 J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET ONE 8 9 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. 10 by placing the document(s) listed above in a sealed envelope with postage thereon 11 fully prepaid, in the United States mail at San Francisco. California addressed as set forth below. 12 by placing the document(s) listed above in a sealedenvelope and 13 affixing d pre-paid air bill, and causing the envelope to be delivered to a ;agent for delivery. 14 15 by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. 16 Kazan, McClain, et al. 17 171 Twelfth Street, Suite 300 Oakland, CA 94607 ' 18 1 am readily familiar with the firm's practice of collection and processing correspondence 19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 20 day with postage thereon fully prepaid in the ordinary course of business. 1 am aware that on 21 motion of the party served, service is presumed invalid if postal cancellation date or postage 22 meter date is more than one day after date of deposit for mailing in affidavit. 23 1 declare under penalty of perjury under the laws of the State of California that the above 24 is true and correct. Executed orfMrgmbm2006, at San Francisco, California. 25 26 27 28 ACE J.A. SEXAUER'S FIRST AMENDED RESPONSES TO PLAINTIFFS' INTERROGATORIES, SET 1 GABRIEL A. JACKSON. State Bar No. 98119 PETER K. RENSTROM. State Bar No. 148459 2 ANA T. PORTILLO. State Bar No. 206193 JACKSON & WALLACE LLP nJ 55 Francisco Street. 6th Floor San Francisco. CA 94133 4 Tel: 415.982.6300 Fax: 415.982.6700 5 Attorneys for Defendant 6 J.A. SEXAUER MANUFACTURING INC. 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF ALAMEDA JO 11 12 IN RE: 13 COMPLEX ASBESTOS LITIGATION J.A. SEXAUER MANUFACTURING CO., INC.'S RESPONSE TO PLAINTIFFS' FIRST SET OF DIEDEN INTERROGATORIES 14 15 16 17 PROPOUNDING PARTY: 18 RESPONDING PARTY: 19 SET NUMBER: Plaintiff, AMY HOGAN, et al. Defendant J.A. SEXAUER MANUFACTURING CO.. INC One 20 21 Comes now Defendant, J.A. Sexauer Manufacturing Co.. Inc., herewith responds to 22 plaintiffs standard case specific interrogatories as follows: 23 24 GENERAL OBJECTIONS AND RESERVATIONS 25 1. 26 27 28 A C )' Il'7573f> The defendant is a plumbing supplier. Since the complaint and discovery to date fails to identify the specific defendant's product which is alleged to have caused or contributed to his injury and the period involved, this defendant objects to the interrogatories as being unduly burdensome, oppressive, over broad, designed to cause this defendant unnecessary time and expense, and not reasonably calculated to lead to the discovery of admissible evidence and outside the scope of discovery. / ] 2. 2 j't 4 3. 5 6 4. 7 8 9 5. 10 11 12 13 14 15 6. 16 17 18 19 20 7. 21 22 23 8. 24 25 9. 26 27 28 AO. 1175736 Defendant objects to plaintiffs interrogatories to the extent that they seek information which is subject to the attorney-client privilege and/or is protected by the attorney work product doctrine. Defendant objects to plaintiffs interrogatories to the extent that they seek information that is not within the personal knowledge of defendant's current employees. Defendant objects to plaintiffs interrogatories as overly broad and unduly burdensome and oppressive in that to date no plaintiff or product identification witness has identified any asbestos-containing product of defendant at any specific job site. Defendant objects to these interrogatories on the grounds that they are unduly burdensome in that they seek to require defendant to: (a) provide information other than that which may be obtained through a reasonably diligent search of its records; (b) respond other than in accordance with the applicable rules; (c) locate or interview former employees, insurance carriers, consultants or any other person not presently employed or engaged by defendant (d) respond to any aspect of an interrogatory not described with reasonable particularity by the express language of the interrogatory; (e) provide an expert opinion which is beyond the scope of defendant's knowledge or obligation to respond; or (f) provide information which is equally as available to plaintiff as it is to defendant Defendant further objects to these interrogatories on the grounds that they are irrelevant and overly broad in time and scope in that they seek to require defendant to respond to questions about (a) products other than the products at issue in these actions; (b) dates outside of the period at issue in these actions; (c) non-employees of defendant; and (d) persons and other matters having no connection with defendant or this litigation. Inquiry into such areas is neither relevant nor reasonably calculated to lead to the discovery of relevant, admissible evidence. Defendant objects to these interrogatories on the grounds that they are vague, unintelligible, nonspecific and/or that they use undefined terms capable of more than one interpretation or which require defendant to speculate as to the specific information demanded by plaintiff, thereby, rendering the interrogatories as propounded incapable of being answered precisely. Defendant objects to these interrogatories on the grounds that they are redundant, argumentative, inflammatory or otherwise unfair and, in addition, they assume facts not in evidence in these actions. Defendant objects to these interrogatories on the ground that they are overly broad and unduly oppressive and harassing in time and scope, in that they designate extensive periods of time or request information without limiting or specifying the time period or facts to the time/facts alleged by the plaintiffs. As a result of plaintiffs' failure to specify the relevant time period, many of the discovery 2 1 2 j 10. 4 5 requests fail to distinguish relevant from irrelevant matter. Many of the interrogatories call for defendant to provide a response concerning events and records spanning a period of more than seven decades. Defendant also objects to these interrogatories on the ground that they assume the truth of matters not in evidence, and on the ground that they seek information which is not relevant to the subject matter of this litigation and not reasonably calculated to lead to the discovery of relevant, admissible evidence. 6 11. 7 8 9 12. 10 ]] 13. 12 13 Defendant does not concede that any of its responses to these interrogatories are or will be deemed admissible evidence at the trial or any of these actions, and defendant does not waive any objection or privilege on any ground, whether or not asserted herein, to the use of any such response at trial. Defendant objects to plaintiffs' interrogatories to the extent that they seek disclosures of information generated by persons other than defendant that has come into the possession of defendant's counsel during the course of discovery and trial preparation in asbestos-related litigation. These general objections are explicitly made a part of and incorporated by reference into each response hereinafter provided, regardless of whether each such individual response so states. 14 Without waiver of any of the foregoing objections, defendant states as follows: 15 16 INTERROGATORY NO. 1: 17 With respect to the individual verifying these answers on your behalf, state the following: 18 a. their name; 19 b. their present business address; 20 c. their present job title; 21 d. their date of first employment with you, and the dates and titles of each job 22 position they have held while they were employed by you. 23 RESPONSE: 24 a. Carmelo Sbezzi, b. 222 Mantling Ave. Apt. 4P 25 Tarrytown. NY 10591 c. none 26 d. 1963, former Vice President for Sales and Purchasing 27 INTERROGATORY NO. 2: 28 State whether YOU are a corporation. If so, state: AfF 1175736 3 1 a. YOUR full corporate name: 2 b. the state of incorporation; Jo c. the date of incorporation; 4 d. the address of YOUR principal place of business; 5 e. if YOU are wholly-owned or if more than five (5) percent of the ownership 6 interest of YOUR COMPANY is owned by another business entity, state that entity's name and 7 principal place of business. 8 RESPONSE: 9 a. J.A. Sexauer, Inc. 10 b. Delaware 11 c. 1921 12 d. 531 Centra] Park Avenue. Scarsdale, NY 10583 13 e. Interline Brands, Inc. 801 West Bay Street, Jacksonville, FL 32204 14 INTERROGATORY NO. 3: 15 Has THIS DEFENDANT ever been identified, known, or done business under any other 16 name? If so, please state such name or names and the time period during which THIS 17 DEFENDANT was so known or identified. 18 RESPONSE: 19 J.A. Sexauer Manufacturing Co., Inc. from 1921 to September 1973. 20 INTERROGATORY NO. 4: 21 State whether YOU have ever been registered or qualified to do business in the State of 22 California. If so. state the date YOU became qualified to conduct business in the State of 23 California. 24 RESPONSE: 25 No. 26 INTERROGATORY NO. 5: 27 Does THIS DEFENDANT currently have, or has THIS DEFENDANT had a department, 28 division, subdivision, branch or group responsible for the design, development, manufacture, ACE 1)75736 4 1 testing and use of ASBESTOS-CONTAINING PRODUCT(S). If so, state: 2 nJ> a. the name of each present or former corporate department, division, subdivision, 4 branch or group; 5 b. the IDENTITY of the person most knowledgeable about such department, 6 division, subdivision, branch or group. 7 RESPONSE: 8 No. ' 9 INTERROGATORY NO. 6: 10 Has THIS DEFENDANT engaged in the MARKETING of ASBESTOS-CONTAINING 1] PRODUCT!S) comprised in whole or in part of amosite asbestos fiber; if so, please state: 12 a. the trade, brand name and/or generic name of each type of product; 13 b. the date(s) THIS DEFENDANT first MARKETED each type of product; 14 c. the date(s) THIS DEFENDANT ceased MARKETING each type of product; 15 d. a general description of the chemical composition of each type of product, 16 including: 17 (i) the type(s) and/or grade(s) of RAW ASBESTOS FIBER contained in each 18 type of product; 19 (ii) the quantitative percentage of the type(s) of RAW ASBESTOS FIBER in 20 each type of product; 21 e. the NATURE of each type of product; 22 f. a description of any wording, markings and/or logo on each type of product; 23 g. the recommended use(s) of each type of product, including temperature limits; 24 h. the name(s) of the manufacturer(s) of each type of product; 25 i. the name(s) and address(es) of the supplier(s) of the amosite asbestos fiber used in 26 each type of product; 27 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of 28 amosite asbestos fiber by THIS DEFENDANT. 1175736 5 ] RESPONSE: 2 No. -J>> INTERROGATORY NO. 7 : 4 Mas THIS DEFENDANT engaged in the MARKETING of amosite asbestos fiber; if so. 5 please slate: 6 a. the name and localion of each amosite asbestos mine which THIS DEFENDANT 7 presently operates, has operated, or in which THIS DEFENDANT presently operates, has 8 operated, or in which THIS DEFENDANT has or had an ownership interest, including the dates 9 of such ownership, and the grade of amosite asbestos fiber mined; 10 b. the dale(s) THIS DEFENDANT first MARKETED amosite asbestos fiber; 11 c. the date(s) THIS DEFENDANT ceased MARKETING amosite asbestos fiber; 12 d. the grade(s) of such amosite asbestos fiber MARKETED by THIS DEFENDANT. 13 e. the recommended use(s) of each grade of such amosite asbestos fiber, including 14 any temperature limits: 15 f. the name(s) and address(es) of the supplier(s) of amosite asbestos fiber to THIS 16 DEFENDANT. 17 RESPONSE: 18 No. 19 INTERROGATORY NO. 8: 20 Has THIS DEFENDANT engaged in MARKETING of ASBESTOS-CONTAINING 21 PRODUCT(S) comprised in whole or in part of chrysotile asbestos fiber; if so, please state: 22 a. the trade, brand name and/or generic name of each type of product; 23 b. the date(s) THIS DEFENDANT first MARKETED each type of product; 24 c. the date(s) THIS DEFENDANT ceased MARKETING each type of product; 25 d. a general description of the chemical composition of each type of product, 26 including: 27 (i) the type(s) and grade(s) of asbestos fiber contained in each type of product; 28 1 175736 (ii) the quantitative percentage of the types of asbestos fiber in each type of 6 ] product; 2 (iii) any change(s) in the quantitative percentages of the tvpe(s) of asbestos J> fiber in each type of product; 4 e. the NATURE of each type of product; 5 f. a description of any wording, markings, and/or logo on each type of product; 6 g. the recommended use(s) of each type of product, including temperature limits; 7 h. the name of the manufacturer of each type of product; 8 i. the name(s) and address(es) of the supplier(s) of the chrvsotile asbestos fiber used 9 in each type of product; 10 j. the IDENTITY of the person(s) most knowledgeable concerning the purchase of 11 chrysotile asbestos fiber by THIS DEFENDANT. 12 RESPONSE: 13 Defendant MARKETED a limited volume of gaskets and packings purchased from others 14 sometimes containing chrysotile asbestos fibers. Copies of catalogues are available describing 15 such products when the specific products are identified. 16 e.- g. Graphited Asbestos Stem Packings were packaged in 1/2 lb. spools. The packings 17 were graphite-lubricated prior to forming the finished packing. The packings were sold for use 18 on water, steam, and air valves; and oil valves, rods or shafts. Strands of twisted packing could 19 be separated to make smaller packings. 20 Asbestos Wicking was packaged in 1/2 lb. balls and made from strands of heavy roving 21 that was twisted together. The wicking was used principally for packing on hot water lines, or 22 cold water lines after dipping in hot tallow or paraffin. 23 Treated Asbestos Yam was sold 1/4 lb. spools comprising approximately 70 yards of yarn. 24 It was made of 3-strand long-staple asbestos, impregnated with a waterproof agent for packing 25 faucet or valve bonnets and other connections. 26 Teflon-Asbestos Packing was comprised of a combination of materials and lubricated with 27 mineral oil. It was sold in twisted or braided form on metal spools with protective sleeves. 28 Temperature specifications were given for Teflon of200F to 500F. ACE 1175736 7 1 h. Eureka Packing Company. Garlock Inc.. Johns-Manville Sales Corporation and 2 Raybestos Manhattan, Inc. 3 INTERROGATORY NO. 9: 4 Has THIS DEFENDANT engaged in the MARKETING of chrysotile asbestos fiber: if so, 5 please state: 6 a. the name and location of each chrysotile asbestos mine which THIS 7 DEFENDANT presently operates, has operated, or in which THIS DEFENDANT has or had an 8 ownership interest, including dates of such ownership, and the grade of chrysotile asbestos fiber 9 mined; 10 b. the date(s) THIS DEFENDANT first MARKETED chrysotile asbestos liber; n c. the date(s) THIS DEFENDANT ceased MARKETING chrysotile asbestos fiber; 12 d. the grade(s) of such chrysotile asbestos fiber MARKETED by THIS 13 DEFENDANT. 14 e. the recommended use(s)| of each grade of such chrysotile asbestos fiber, including 15 temperature limits; 16 f. the name(s) and address(es) of the supplier(s) of chrysotile asbestos fiber to THIS 17 DEFENDANT. 18 RESPONSE: 19 No. 20 INTERROGATORY NO. 10: 21 Has THIS DEFENDANT engaged in the MARKETING of ASBESTOS-CONTAINING 22 PRODUCT(S) comprised in whole or in part of crocidolite asbestos fiber; if so, please state: 23 a. the trade, brand name and/or generic name of each type of product; 24 b. the date(s) THIS DEFENDANT first MARKETED each type of product; 23 c. the date(s) THIS DEFENDANT ceased MARKETING each type of product; 26 d. a genera] description of the chemical composition of each type of product, 27 including: 28 ACE 1175736 (i) the type(s) and grade(s) of asbestos fiber contained in each type of product; 8 ] (ii) the quantitative percentage of the type(s) of fiber in each type of product: 2 (iii) any change(s) in the quantitative percentage of the type(s) of asbestos fiber Jo in each type of product: 4 e. the NATURE of each type of product; 5 f. a description of any wording, markings and/or logo on each type of product; 6 g. the recommended use(s) of each type of product, including temperature limits; 7 h. the name of the manufacturer of each type of product; 8 i. the name(s) and address(es) of the supplier(s) of the crocidolite asbestos fiber used 9 in each type of product; 10 j. the IDENTITY of the person(s) most know ledgeable concerning the purchase of 11 crocidolite asbestos fiber by THIS DEFENDANT. 12 RESPONSE: 13 No. 14 INTERROGATORY NO. 11: 15 Has the defendant engaged in the MARKETING of crocidolite asbestos liber; if so, please 16 state: 17 18 a. the name and location of each crocidolite asbestos mine which THIS 19 DEFENDANT presently operates, has operated, in the, and/or in which the defendant has or had 20 an ownership interest, including the dates of such ownership, and the grade of asbestos fiber 21 mined; 22 b. the date(s) THIS DEFENDANT first MARKETED crocidolite asbestos fiber; 23 c. the date(s) THIS DEFENDANT ceased MARKETING crocidolite asbestos fiber: 24 d. the grade(s) of such crocidolite asbestos fiber MARKETED by THIS 25 DEFENDANT; 26 e. the recommended use(s) of each grade of such crocidolite asbestos fiber, including 27 temperature limits; 28 f. ACF. 1175736 the name(s) and addresses of the supplier!s) of crocidolite asbestos fiber to THIS 9 ] DEFENDANT. 2 RESPONSE: 3 No. 4 INTERROGATORY NO. 12: 5 Does or did THIS DEFENDANT have a controlling ownership interest in any 6 COMPANY which MARKETED ASBESTOS-CONTAINING PRODUCT(S); if so, please state: 7 a. the name of such COMPANY: 8 b. the date of incorporation of such COMPANY; 9 c. the state of incorporation of such COMPANY; 10 d. the date such interest was acquired; 11 e. the date such interest was changed or terminated, if applicable; 12 f. the name and localion of each facility of such COMPANY; 13 g. the name of each type of ASBESTOS-CONTAINING PRODUCT(S) 14 manufactured, processed, and/or assembled by such COMPANY. 15 RESPONSE: 16 No. 17 18 INTERROGATORY NO. 13: 19 Does or did THIS DEFENDANT have a controlling ownership interest in any 20 COMPANY that MARKETED RAW ASBESTOS FIBER; if so, please state: 21 a. the name of the COMPANY 22 b. the date of incorporation or charter of such COMPANY; 23 c. the state or country of incorporation of such COMPANY; 24 d. the date such interest was acquired; 25 e. the dates such interest changed or terminated, if applicable; 26 f. the name and location of each asbestos mine owned by such COMPANY; 27 g. the grade and type of RAW ASBESTOS FIBER mined at each mine. 28 RESPONSE: ACE 1175736 )0 . 1 No. 2 INTERROGATORY NO. 14: o0 Has THIS DEFENDANT warehoused any RAW ASBESTOS FIBER or ASBESTOS- 4 CONTAINING PRODUCT(S) in the State of California; if so, please state: 5 a. the address of each warehouse facility; 6 b. the year(s) THIS DEFENDANT utilized each facility; 7 c. the IDENTITY of the custodian of warehousing records. 8 RESPONSE: 9 No. 10 INTERROGATORY NO. 15: n Has THIS DEFENDANT owned or operated facilities anywhere in the United States in 12 which ASBESTOS-CONTAINING PRODUCT(S) have been manufactured, processed and/or 13 assembled; if so, state: 14 a. the address of each such facility, including city and state. 15 RESPONSE: 16 No. 17 18 INTERROGATORY NO. 16: 19 If THIS DEFENDANT owned or operated facilities in which ASBESTOS- 20 CONTAINING PRODUCT(S) have been manufactured, processed, and/or assembled, please 21 state: 22 a. the date said facilities began operation; 23 b. the date said facility ceased operation: and 24 c. the name of each type of ASBESTOS-CONTAINING PRODUCT(S) 25 manufactured, processed or assembled at each such facility. 26 RESPONSE: 27 No. 28 INTERROGATORY NO. 17: 1175736 11 ] Has THIS DEFENDANT purchased or otherwise acquired any rights to the manufacture 2 of ASBESTOS-CONTAINING PRODUCT(S) from another COMPANY? If so: state: j a. the date of purchase or acquisition of such rights; 4 b. the trade, brand, and/or generic name of such ASBESTOS-CONTAINING 5 PRODUCT(S); 6 c. the name and location of any COMPANY from which such rights were purchased 7 or acquired; 8 d. the IDENTITY of the custodian of records of such purchase(s) or acquisition(s). 9 RESPONSE: 10 No. 11 INTERROGATORY NO. 18: 12 Has THIS DEFENDANT applied for and/or received any patent(s) for any ASBESTOS- 13 CONTAINING PRODUCT(S). If so, state for each such ASBESTOS-CONTAINING 14 PRODUCT! S): 15 a. the product for which each patent was applied and/or issued; 16 b. the date(s) of application; 17 c. the date(s) of issuance of the patent(s), if granted; 18 d. the date(s) of renewal, if any; 19 e. the patent number(s); 20 f. the. name of the individual or COMPANY to whom each patenl was issued; 21 g. the IDENTITY of the custodian of patent records of THIS DEFENDANT. 22 RESPONSE: 23 No. 24 INTERROGATORY NO. 19: 25 Has THIS DEFENDANT registered any trademark(s) for any ASBESTOS- 26 CONTAINING PRODUCT(S); if so. state for each such ASBESTOS-CONTAINING 27 PRODUCT(S): 28 a. ACT- 1175736 the product for which each trademark was registered; 12 1 b. whether the registration was Slate or Federal; 2 (i) if State, name the Slate; J c. the date(s) of registration: 4 d. the 1erm(s) of registration: 5 e. the date(s) of renewal; 6 f. the name of the individual or COMPANY lo whom each trademark was registered; 7 g. the IDENTITY of the custodian of such trademark records of THIS 8 DEFENDANT. 9 RESPONSE: 10 No. .. 11 INTERROGATORY NO. 20: 12 Did THIS DEFENDANT contract with General Services Administration and/or other 13 federal-government agency for the sale, anywhere in the United States, of RAW ASBESTOS 14 FIBER between 1930 and 1980; if so, state for each such sale: 15 a. the grade(s) and type(s) of RAW ASBESTOS FIBER; 16 b. the quantity: 17 c. the date(s) of delivery; 18 d. the location(s), including the address(es) of delivery; 19 e. the name(s) of the agency with whichTHIS DEFENDANT contracted; 20 f. the date(s) of execution of such contract(s); 21 g. the IDENTITY of the custodian of such contract records of THIS DEFENDANT. 22 RESPONSE: 23 No. 24 INTERROGATORY NO. 21: 25 Did THIS DEFENDANT contract with the General Services Administration and/or other 26 federal-government agency for the sale, anywhere in the United States, of ASBESTOS- 27 CONTAINING PRODUCT(S) between 1930 and 1980, please state for each such sale: 28 a. AC.F. 1175736 the type of product; ] b. the quantity; 2 c. the date(s) of delivery; *> d. the location(s). including the address(es) of delivery; 4 e. the name(s) of the agency with which THIS DEFENDANT contracted; 5 f. the date(s) of execution such contract(s); 6 g. the IDENTITY of the custodian of such contract records of THIS DEFENDANT. 7 RESPONSE: 8 No. 9 INTERROGATORY NO. 22: 10 Does THIS DEFENDANT have any records of the MARKETING, advertisement, or 11 delivery of its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) in 12 or to NORTHERN CALIFORNIA? If so, state: 13 a. the manner in which the records are kept, (e.g., in boxes, files, on microfilm, 14 microfiche or computer tape or disk); 15 b. the location(s) and address(es) where such records are maintained; 16 c. the IDENTITY of the custodian of such records; 17 18 RESPONSE: 19 No. 20 INTERROGATORY NO. 23: 21 If THIS DEFENDANT has in its possession any records of the MARKETING, 22 advertisement, or delivery of its RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING 23 PRODUCT(S) (including microfilm, microfiche, computer tape or disk, or any other system in 24 which data is taken from other records), state whether THIS DEFENDANT has retained the 25 original DOCUMENTS from which the data entered into these modes of storage was obtained. If 26 THIS DEFENDANT has not retained such original DOCUMENTS, state: 27 a. the date(s) when and location(s) where the original DOCUMENTS were disposed 28 of; A OF. 1175736 14 ] b. the IDEN TITY of the custodian of the original DOCUMENTS at the time of their 2 disposal. 3 RESPONSE: 4 No. 5 INTERROGATORY NO. 24: 6 Does THIS DEFENDANT have in its possession any exemplar(s) of advertisements or 7 brochures describing its RAW ASBESTOS FIBER and/or ASBESTOS-CONTATNING 8 PRODUCT(S); if so. please state: 9 a. the location of such exemplar; 10 b. the year(s) in which said exemplar(s) was utilized; 1] c. the IDENTITY of the custodian of such exemplars. 12 RESPONSE: 13 No. ] 4 INTERROGATORY NO. 25: 15 State the following: 16 a. the address(es) where the corporate records of THIS DEFENDANT (including 17 minutes from the Board of Directors meetings and corporation annual reports), are currently 18 located; 19 b. the identity of the custodian of such records. 20 RESPONSE: 21 a. Interline Brands. Inc. 801 West Bay Street. Jacksonville, FL 32204. b. Tom Tossavaimen, 801 West Bay Street, Jacksonville, FL 32204. 22 23 INTERROGATORY NO. 26: 24 Describe the packaging or containers in which THIS DEFENDANT sold and/or 25 distributed RAW ASBESTOS FIBER, including composition, dimension, shape and color. 26 RESPONSE: 27 Not applicable. 28 1175736 15 1 INTERROGATORY NO. 27: 2 Describe any logo, design, marking or printing, including size and color, which appeared 3 on ihe packaging or containers in which THIS DEFENDANT sold and/or distributed RAW 4 ASBESTOS FIBER. 5 RESPONSE: 6 Not applicable. 7 INTERROGATORY NO. 28: 8 Describe the packaging or containers in which THIS DEFENDANT sold and/or 9 distributed ASBESTOS-CONTAINING PRODUCT(S), including composition, dimension, shape 10 or color. 11 RESPONSE: 12 Packaging of various sizes containing the defendant's name. 13 INTERROGATORY NO. 29: 14 Describe any logo, design, marking or printing, including size and color, which appeared 15 on the packaging or containers in which THIS DEFENDANT sold and/or distributed 16 ASBESTOS-CONTAINING PRODUCT(S). 17 RESPONSE: 18 Sometimes a drawing of a red colored mule and in various sizes. Also see response to 19 Interrogatory No. 8. 20 21 INTERROGATORY NO. 30: 22 Does THIS DEFENDANT have any exemplar(s) of packaging or containers in which its 23 RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S) were sold and/or 24 distributed; if so, state: 25 a. the location of such exemplar; ' 26 b. the year(s) in which said exemplar(s) were utilized; 27 c. the IDENTITY of the custodian of such exemplars. 28 RESPONSE: 1175736 16 ] No. 2 INTERROGATORY NO. 31: nJ Did THIS DEFENDANT put warnings of asbestos-related health hazards on bags of 4 RAW ASBESTOS FIBER; if so. please state: 5 a. the wording of such warning(s), including size, location, and color; 6 b. whether the warning was put on a tag attached to the bags; 7 c. the date such warning(s) was first used; 8 d. whether any change was made in the wording of such warnings, the date(s) of such 9 change, and the reasons for such change. 10 RESPONSE: 11 Not applicable. 12 INTERROGATORY NO. 32: 13 Did THIS DEFENDANT put warnings of asbestos-related health hazards on packaging or 14 containers of ASBESTOS-CONTAINING PRODUCT(S)? If so, please state: 15 a. the wording of such warnings, including size, location on the packaging or 16 containers, and color; 17 b. the date such warning(s) was first used; 18 c. whether any change was made in the wording of such warning(s), the date(s) of 19 such changes, and the reason(s) for such change. 20 21 RESPONSE: 22 No. 23 INTERROGATORY NO, 33: 24 Has THIS DEFENDANT distributed any brochures or pamphlets that contain warnings of 25 any asbestos-related health hazards; if so, please state: 26 a. the wording of such WARNING 27 b. the method used to distribute such brochure or pamphlets; 28 c. 1175736 the date(s) such brochures or pamphlets were first issued; 17 ] d. whether THIS DEFENDANT has exemplar(s) of such brochures or pamphlets: 2 e. the IDENTITY of ihe custodian of such exemplar(s). 3 RESPONSE: 4 No. 5 INTERROGATORY NO. 34: 6 Did THIS DEFENDANT warn its employees and/or CONTRACT UNIT(S), anywhere in 7 the United States, that exposure to asbestos could be hazardous to human health. If so, state: 8 a. whether copies of DOCUMENTS containing such warnings exist; 9 b. the IDENTITY of the custodian of such DOCUMENT. 10 RESPONSE: 11 No. 12 INTERROGATORY NO. 35: 13 State the IDENTITY of medical directors and/or industrial hygienists retained by THIS 14 DEFENDANT in the United Stales. 15 RESPONSE: 16 None. 17 INTERROGATORY NO. 36: 18 Has any employee of THIS DEFENDANT testified by deposition on behalf of THIS 19 DEFENDANT in a third-party case, brought in the United States, wherein the plaintiff has 20 alleged an asbestos-related injury? If so. for each such third party case, please state: 21 a. the caption and case number; 22 b. the court of filing including state and county; 23 c. the date of the deposition: 24 d. the name and address of plaintiffs counsel of record. 25 RESPONSE: 26 1. a. 27 b. 28 c. 1175736 Raymond M. and Joyce Nack v, A. C. & S. Inc., et al DELAWARE, New Castle County, Case No. 98C-05-047 November 3. 1998 18 ] 2 2 d. Jacobs & Crumplar, P.A.. 2 East 7th Street. Wilmington, DE 19899 a. James P. Renew, Executor for the Estate of Larry Stephen Renew. Deceased, v. Pittsburgh Corning Corp.. et al 4 b. GEORGIA, Fulton County, Superior Court, 1999CV12072 5 c. Carmen Sbezzi, April 23, 2002 6 d. Middleton. Adams & Tate, P.C.. 622 Drayton Street, Savannah, GA 31412 7 INTERROGATORY NO. 37: 8 Has THIS DEFENDANT been a member of the following. 9 a. Asbestos Textile Institute (ATI); 10 b. Industrial Hygiene Foundation and/or Industrial Flealth Foundation (1EJF); 11 c. Mineral Wool Institute; 12 d. Industrial Mineral Insulation Manufacturers Institute; 13 e. Magnesia Silica Insulation Manufacturers Association; 14 f. National Insulation Manufacturers Association (NIMA); 15 g. Thermal Insulation Manufacturers Association (TIMA); 16 h. Asbestos Information Association (AIA) 17 i. Quebec Asbestos Mining Association (QAMA); 18 j. National Safety Council; 19 k. Asbestos Cement Producers Association; 20 l. Refractories Institute; 21 m. any other organization or association of manufacturers, miners, distributors, 22 importers, labelers, suppliers and/or sellers of ASBESTOS-CONTAINING PRODUCT(S); 23 (i) please state the name(s) of such organizations or associations. 24 RESPONSE: 25 No. 26 INTERROGATORY NO. 38: 27 For each organization, association or other entity identified in your Response to 28 ACE 1175736 19 1 Interrogatory No. 37, please state: 2 a. the dates during which THIS DEFENDANT was a member: 3 b. the name(s) of any publication(s) received by THIS DEFENDANT from such 4 association or organization; 5 c. the name of such committee or subcommittee of which THIS DEFENDANT was a 6 member, and the dates of such committee or subcommittee membership. 7 RESPONSE: 8 Not applicable. 9 INTERROGATORY NO. 39: 10 Has THIS DEFENDANT received any documents containing results or conclusions of 11 any studies and/or tests conducted by the Saranac Laboratory at the Trudeau Foundation relating 12 to the human health consequences of exposure to asbestos? If so, please: 13 a. IDENTIFY all such DOCUMENT(S); 14 b. state the date upon which THIS DEFENDANT first received such 15 DOCUMENT(S); 16 c. the IDENTITY of the custodian of such DOCUMENT(S). 17 RESPONSE: 18 No. 19 INTERROGATORY NO. 40: 20 State whether THIS DEFENDANT has ever maintained a library (or libraries) in the 21 United States which contains books, articles, periodicals, journals and/or reference materials that 22 relate to the subjects of asbestos, industrial hygiene, medicine, safety, occupational disease and/or 23 engineering. If so, state: 24 a. the date each such library was established; 25 b. the location of each such library; 26 c. the IDENTITY of each librarian or other person in charge of such library ; 27 RESPONSE: 28 No. ACE 1175736 20 ] INTERROGATORY NO. 41: 2 Has THIS DEFENDANT exchanged documents containing the results of or 3 communicated with any individual or other COMPANY regarding tests and/or studies of the 4 relationship between the inhalation of asbestos fibers and development of disease(s); if so. please 5 state: 6 a. each individual or COMPANY with whom the information was exchanged or to 1 whom it was communicated; 8 b. the date(s) of any such exchanges or communications; 9 c. the IDENTITY of the custodian of such documents. 10 RESPONSE: 11 No. 12 INTERROGATORY NO. 42: 13 Has any employee of THIS DEFENDANT testified before the Occupational Safety and 14 Health Administration, the National Institute of Occupational Safety and Health, or any 15 committee or subcommittee of the United States Congress on the inhalation of asbestos dust and 16 the development of disease; if so. please state: 17 a. the entity before whom such testimony was given; 18 b. the date(s) and location(s) of such testimony; 19 c. the IDENTITY of the individual(s) who so testified; 20 d. whether any DOCUMENTS were presented to the entity before such testimony 21 was given; 22 e. whether copies of DOCUMENTS presented were retained by THIS 23 DEFENDANT: 24 f. if so. state the IDENTITY of the custodian of the DOCUMENT(S). 25 RESPONSE: 26 No. 27 INTERROGATORY NO. 43: 28 At any of the physical facilities identified in the response to Interrogatory No. 15. has 1 )75736 21 ] THIS DEFENDANT conducted, or caused to be conducted, tests and/or studies of ambient 2 asbestos dust created during the manufacture, processing and/or assembling of ASBESTOS- 3 CONTAINING PRODUCT(S); if so. please state: 4 a. each manufacturing facility, including location and address, at which any such test 5 and/or study was conducted; 6 b. the date of each such test and/or study; 7 c. the individuals' or entity conducting each such test and/or study; 8 d. whether THIS DEFENDANT has any document containing the results and/or 9 conclusions of each such study; 10 e. the IDENTITY of the custodian of the documents. 11 RESPONSE: 12 No. 13 INTERROGATORY NO. 44: 14 Has THIS DEFENDANT conducted, or caused to be conducted, any tests and/or studies 15 on ambient asbestos dust levels at any location or job site where its ASBESTOS-CONTAINING 16 PRODUCT(S) were utilized in the United States; if so, please state: 17 a. the location, including the name and address, at which each such test and/or study 18 was conducted; ' 19 b. the individual(s) or entity conducting each such test and/or study; 20 c. the date of each such test and/or study; 21 d. whether THIS DEFENDANT has any DOCUMENTS containing the results 22 and/or conclusions of each such test and/or study; 23 e. the IDENTITY of the custodian of these DOCUMENTS. 24 RESPONSE: 25 No. 26 INTERROGATORY NO. 45: 27 Did THIS DEFENDANT have any laboratory or other facility anywhere in the United 28 States at which it conducted, or caused to be conducted, any tests and/or studies of its ACE 1175736 22 ] ASBESTOS-CONTAINING PRODUCT(S) to measure the amount of asbestos dust generated by 2 any use for which such products Avere designed; if so. please state: 3 a. the location, including name and address, at which each such test and/or study was 4 conducted; 5 b. the individual(s) or entity conducting each such test and/or study: 6 c. the date of each such test and/or study; 7 d. whether THIS DEFENDANT has any DOCUMENTS containing the results 8 and/or conclusions of each such test and/or study; 9 e. the IDENTITY of the custodian of such DOCUMENTS. 10 RESPONSE: n No. 12 INTERROGATORY NO. 46: 13 Has THIS DEFENDANT made available to its employees engaged in the MARKETING 14 of its RAW ASBESTOS FIBER and/or its ASBESTOS-CONTAINING PRODUCT(S), a 15 medical examination program; if so, please state: 16 a. whether chest x-rays or pulmonary function tests were part of such program(s); 17 b. whether participation in any such program was a mandatory condition of 18 employment or was voluntary; 19 (i) if mandatory as a condition of employment, how frequently each employee 20 was required to undergo such examination: 21 c. whether THIS DEFENDANT has DOCUMENTS of such program; 22 d. the IDENTITY of the custodian of such DOCUMENTS. 23 RESPONSE: 24. No. 25 INTERROGATORY NO. 47: 26 Has THIS DEFENDANT notified in writing any individuals or COMPANIES to whom it 27 MARKETED RAW ASBESTOS FIBER and/or ASBESTOS-CONTAINING PRODUCT(S), 28 anywhere in the United States, of the potential relationship between exposure to asbestos and 1175736 23 ] disease: if so. please siale: 2 a. the date(s) THIS DEFENDANT provided this information; 0 b. the means used for transmittal of such information; 4 c. whether THIS DEFENDANT has any copies of any DOCUMENTS transmitting 5 such information; 6 d. the IDENTITY of the custodian of such DOCUMENTS. 1 RESPONSE: 8 No. 9 INTERROGATORY NO, 48: 10 Has THIS DEFENDANT required any individual(s) who MARKETED its ASBESTOS- 11 CONTAINING PRODUCT(S) to wear respirators or face masks; if so, please state: 12 a. the job title(s) if known, of individual(s) required to wear respirators or face 13 masks; 14 b. the date(s) on which THIS DEFENDANT Erst required the wearing of respirators 15 or face masks; 16 c. the means by which the requirement to wear respirators or face masks was 17 communicated; 18 d. whether THIS DEFENDANT has any copies of DOCUMENTS communicating 19 such requirements; 20 e. the IDENTITY of the custodian of such DOCUMENTS. 21 22 RESPONSE: 23 No. 24 INTERROGATORY NO. 49: 25 Does or did TF1IS DEFENDANT utilize or employ any CONTRACT UNIT. If so, please 26 state: 27 a. the inclusive periods of time the CONTRACT UNIT(S) was utilized or employed; 28 b. 1175736 the business address and name of the CONTRACT UNIT(S); 24 ] c. whether THIS DEFENDANT has any DOCUMENTS shewing the location(s) of 2 the job site(s) where the CONTRACT UNIT(S) worked, and if so, state the IDENTITY of the Jo custodian of such DOCUMENTS. 4 RESPONSE: 5 No. 6 INTERROGATORY NO. 50: 7 Has THIS DEFENDANT received any written communication or other DOCUMENT, 8 other than a claim for workers' compensation, that any person was claiming injury as a result of 9 exposure to its RAW ASBESTOS FIBER and or ASBESTOS-CONTAINING PRODUCT(S); if 10 so, please IDENTIFY the first such written communication or DOCUMENT. ]] RESPONSE: 12 No. 13 INTERROGATORY NO. 51: 14 Has any person filed a claim for asbestos-related injury regarding THIS DEFENDANT 15 against any workers' compensation insurance carrier which provided coverage for THIS 16 DEFENDANT; if so, please state: 17 a. the date of such claim; 18 b. the name of claimant; 19 c. the caption; 20 d. the case number; 21 e. the court in which the claim was filed; 22 f. the IDENTITY of the custodian of such DOCUMENTS. 23 RESPONSE: 24 No. 25 INTERROGATORY NO. 52: 26 Has any person filed a workers' compensation claim for asbestos-related injury against 27 THIS DEFENDANT; if so, please state: 28 a. ACC N75736 > the date of such claim; 25 ] b. the name of claimant; 2 c. the caption; 3 d. the case number; 4 e. the court in which the claim was filed;. 5 f. the IDENTITY of the custodian of such documents. 6 RESPONSE: 7 No. 8 INTERROGATORY NO. 53: 9 Does THIS DEFENDANT have insurance available to cover judgment(s) entered against 10 it in asbestos-related personal injury lawsuits; if so. please state: ]] a. the name and effective dale of such policy; 12 b. the number and effective date of such policy; 13 c. the amount(s) of coverage of each policy; 14 d. the applicable dates of coverage; 15 e. any reservation of rights contained in each such policy; 16 f. the amount of coverage presently exhausted under each such policy; 17 g. the amount of coverage presently available under each such policy; 18 h. whether limits contained in each such policy include costs of defense. 19 RESPONSE: 20 Travelers Insurance company has agreed to primary coverage of various amounts for the 21 period 1957 to 1967 and 1980 to 1983. Coverage amounts in the aggregate are $300,000 for 1957 22 to 1967 and $500,000 for 1980 to 1983. Ace. Liberty and A1G have agreed to defend the 23 defendants in the asbestos lawsuits for the periods 1947 to 1957, 1971 to 1982 and 1983 to 1989 24 respectively and to settle such lawsuits as they agree on a case by case basis. 25 INTERROGATORY NO. 54: 26 Has THIS DEFENDANT owned or operated any petroleum refining facilities; if so, 27 please state: 28 a. 1175736 whether any ASBESTOS-CONTAINING PRODUCT(S) were MARKETED on 26 ] the premises of such refining facilities; 2 b.. the location, including the name and address of all such refining facilities; 3 . d. the types of ASBESTOS-CONTAINING PRODUCT(S) MARKETED on such 4 premises; 5 e. the names of the manufacturers of any ASBESTOS-CONTAINING 6 PRODUCT(S) MARKETED on such premises: 7 f. whether THIS DEFENDANT has documents identifying such MARKETING: 8 g. the IDENTITY of the custodian of such documents. 9 RESPONSE: 10 No. ]} INTERROGATORY NO. 55: 12 Has THIS DEFENDANT held a controlling ownership interest in any COMPANY which 13 owned or operated petroleum refining facilities: if so. for the period(s) of time during which THIS 14 DEFENDANT held such interest, please state: 15 a. whether any ASBESTOS-CONTAINING PRODUCT(S) were MARKETED on 16 the premises of such refining facilities; 17 b. the location, including the name and address of all such refining facilities; 18 c. the dates of operation of such refining facilities; 19 d. the types of ASBESTOS-CONTAINING PRODUCT(S) MARKETED on such 20 premises; 21 22 e. the names of the manufacturers of any ASBESTOS-CONTAINING 23 PRODUCT(S) MARKETED on such premises; 24 f. whether THIS DEFENDANT has DOCUMENTS identifying such MARKETING; 25 g. the IDENTITY of the custodian of such DOCUMENTS. 26 RESPONSE: 27 No. 28 INTERROGATORY NO. 57: ACE 1)75736 27 1 Mas THIS DEFENDANT contracted with any COMPANY for the MARKETING of 2 ASBESTOS-CONTAINING PRODUCT(S) on any premises owned or leased by THIS 3 DEFENDANT; if so please state; 4 a. the location, including name and address of such premises; 5 b. the name and address of each such COMPANY; 6 c. the types of ASBESTOS-CONTAINING PRODUCT(S); ' 7 d. the name of the manufacturers of such ASBESTOS-CONTAINING 8 PRODUCT(S); 9 e. whether THIS DEFENDANT has documents of such MARKETING; 10 f. the IDENTITY of the custodian of such DOCUMENTS. ]] RESPONSE: 12 No. 13 14 15 16 Attorneys for Defendant J.A. SEXAUER MANUFACTURING CO.. 17 INC. 18 19 20 21 22 23 24 25 26 27 28 /-c 1175736 28 ] PROOF OF SERVICE 2 1, Tyhera Y. Payton, declare: 3 1 am a citizen of the United States and employed in San Francisco County. California, 4 am over the age of eighteen years and not a party to the within-entitled action. My business 5 address is 55 Francisco Street, 6th Floor, San Francisco, California 94133. OnJuly-26-, 2006, 6 served a copy of the within documenl(s): j.A. SEXAlJER MANUFACTURING CO., INC.'S 7 RESPONSE TO PLAINTIFFS' FIRST SET OF D1EDEN INTERROGATORIES 8 by transmitting via facsimile the document(s) listed above to the fax number(s) set 9 forth below on this date before 5:00 p.m. 10 by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as ]] set forth below. 12 by placing the document(s) listed above in a sealed envelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a 13 agent for delivery. 14 by personally delivering the document(s) listed above to the person(s) at the 15 address(es) set forth below. 16 Kazan, McClain, et al. 171 Twelfth Street, Suite 300 17 Oakland, CA 94607 18 1 am readily familiar with the firm's practice of collection and processing correspondence 19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 20 day with postage thereon fully prepaid in the ordinary course of business. 1 am aware that on 21 motion of the party served, service is presumed invalid if postal cancellation date or postage 22 meter date is more than one day after date of deposit for mailing in affidavit. 23 1 declare under penalty of perjury under the laws of the State of California that the above 24 is true and correct. Executed on August ^ , 2006, at San Francisco, California. 25 26 27 28 1175736 29 ] VERIFICATION 2 1 have read the foregoing RESPONSES TO PLAINTIFFS' FIRST SET OF DIEDEN oJ INTERROGATORIES, and know its contents. 4 I am a party to this aclion. The matters staled in it are true of my own knowledge except as to those matters which are stated on information and belief, and as to 5 those matters 1 believe them to be true. 6 I am the former Vice President of Sales and Purchasing for J.A. Sexauer, Inc., a party to this action, and am authorized to make this verification for and on its 7 behalf, and I make this verification for that reason. 1 have read the foregoing document(s). 1 am informed and believe and on that ground allege that the 8 matters staled in it are true. 9 1 am one of the attorneys of record for, a party to this action. Such parly is absent from the county in which 1 have my office, and I make this 10 verification for and on behalf of that party for that reason. 1 have read the foregoing document(s). 1 am informed and believe and on that ground allege that 11 the matters stated in it are true. 12 Execuled at (city and state), on, 2006. 13 1 declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. 15 16 Carmelo Sbe: 17 18 19 20 21 22 23 24 25 26 27 28 ACE 1175736 30 1 PROOF OF SERVICE 2 1, Tyhera Y. Payton, declare: 3 I am a citizen of the United States and employed in San Francisco County, California. ] 4 am over the age of eighteen years and not a party to the within-entitled action. My business 5 address is 55 Francisco Street, 6th Floor, San Francisco, California 94133. On August 29, 2006, 6 ] served a copy of the within document(s): J.A. SEXAUER MANUFACTURING CO., INC.'S 7 RESPONSE TO PLAINTIFFS' FIRST SET OF DIEDEN INTERROGATORIES 8 by transmitting via facsimile the document(s) listed above to the fax number(s) set 9 forth below on this date before 5:00 p.m. 10 X by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at San Francisco, California addressed as 11 set forth below. 12 by placing the document(s) listed above in a sealedenvelope and affixing a pre-paid air bill, and causing the envelope to be delivered to a 13 agent for delivery. 14 by personally delivering the document(s) listed above to the person(s) at the 15 address(es) set forth below. 16 Kazan McClain Abrams Fernandez Lyon Farrise & Greenwood 17 171 Twelfth Street, Third Floor Oakland CA 94607 18 I am readily familiar with the firm's practice of collection and processing correspondence 19 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same 20 day with postage thereon fully prepaid in the ordinary course of business. 1 am aware that on 21 motion of the party served, service is presumed invalid if postal cancellation date or postage 22 meter date is more than one day after date of deposit for mailing in affidavit. 23 1 declare under penalty of peijury under the laws of the State of California that the above 24 is true and correct. Executed on August 29,2006, at San Francisco, California. 25 26 27 28 PROOF OF SERVICE Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 Page 1 to Page 95 CONDENSED TRANSCRIPT AND CONCORDANCE PREPARED BY: Aiken & Welch Court Reporters One Kaiser Plaza, Suite 505 Oakland, CA 94612 Phone: 510-451-1580 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 Page 1 0) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA (2) IN AND FOR THE COUNTY OF ALAMEDA (3) --OOO-- (4) CLAYTON HOGAN and AMY HOGAN, (5) Plaintiffs, (6) vs. (7) No. 4154680 ALCOA, INC., et al., (8) Defendants. O) (10) / (11) (12) (13) DEPOSITION OF CARMELO SBEZZI (14) (15) (16) (17) (18) Taken before DENISE M. LOMBARDO (19) CSR No. 5419 (20) October 18, 2006 (21) (22) (23) (24) (25) (D EXHIBITS (2) PLAINTIFFS' PAGE (3) H J. A. Sexauer Manufacturing Co., Inc.'s Response to Plaintiffs' (4) First Set of Dieden Interrogatories (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) XMAX{1/59) Page 3 (D INDEX (2) PAGE (3) EXAMINATION BY MR. BOSL (4) (5) (6) (7) (8) (9) (10) EXHIBITS (11) PLAINTIFFS' PAGE (12) A Notice of Taking The Deposition of Defendant J. S. Sexauer (13) Manufacturing Co., Inc.'s Person(s) Most Knowledgeable and Custodian(s) (14) of Records (15) B Objection of Defendant J. A. Sexauer Company to Plaintiffs' Notice of (16) Deposition of J. A. Sexauer's Person Most Knowledgeable and Custodian (17) of Records and Request to Produce Documents at Deposition (18) C (19) Letter dated October 2, 2006 D Document entitled "Master Catalog" (20) of J. A. Sexauer (21) E Catalog, Edition K, of the J. A. Sexauer Manufacturing Co., Inc. (22) F (23) (24) Responses to Defendant Garlock, Inc., to General Order No. 29 Interrogatories G (25) J. A. Sexauer's First Amended Responses to Plaintiffs' Interrogatories, Set One Aiken & Welch Court Reporters Page 2 (1) DEPOSITION OF CARMELO SBEZZI (2) Page 4 (3) BE IT REMEMBERED, that pursuant to Notice, and on (4) the 18th day of October 2006, commencing at the hour of (5) 9:58 a.m., in the offices of Kazan, McClain, Abrams, (6) Fernandez, Lyons, Farrise & Greenwood, 171 - 12th (7) Street, Suite 300, Oakland, California, before me, (8) DENISE M. LOMBARDO, a Certified Shorthand Reporter, (9) personally appeared CARMELO SBEZZI, produced as a (10) witness in said action, and being by me first duly (11) sworn, was thereupon examined as a witness in said (12) cause. (13) (14) --O0O-- (15) (16) JUSTIN BOSL; and GORDON GREENWOOD, Kazan, (17) McClain, Abrams, Fernandez, Lyons, Farrise & Greenwood, (is) 171 - 12th Street, Suite 300, Oakland, California (19) 94607, appeared on behalf of the Plaintiffs. (20) (21) ROHIT A. SABNIS, Burnham & Brown, 1901 Harrison (22) Street, 11th Floor, Oakland, California 94612, appeared (23) on behalf of the Defendant Plant Insulation Company. (24) (25) 510-451-1580 Page 1 to Page 4 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(2/60| Page 5 (1) JEFFREY HURWITZ, Hassard, Bonnington LLP, Two (2) Embarcadero Center, Suite 1800, San Francisco, (3) California 94111, appeared on behalf of the Defendants (4) Kaiser Gypsum Company, Inc.; and Sequoia Ventures, Inc. (5) (6) JOHN R. WALLACE; and ANA T. PROTILLO, Jackson & (7) Wallace, 55 Francisco Street, Suite 600, San Francisco, (8) California 94133, appeared on behalf of the Defendant (9) J. A. Sexauer Manufacturing Co., Inc. (10) (11) D. PAUL BIRD, II, McKenna, Long & Aldridge, One (12) Market Street, San Francisco, California 94105, (13) appeared on behalf of the Defendant D. Zelinsky & Sons, (14) Inc. (15) (16) MONICA BANSAL, Walsworth, Franklin, Bevins & (17) McCall, 550 Montgomery Street, 8th Floor, San (18) Francisco, California 94111, appeared on behalf of the (19) Defendant Thomas Dee Engineering Company. (20) (21) CHARLES M. McCAGHEY, Ryan, Ryan, Johnson & (22) Deluca, LLP, 80 Fourth Street, Stamford, Connecticut (23) 06905, appeared on behalf of the Defendant J. A. (24) Sexauer Manufacturing Co., Inc. (25) (1) A. 222 Martling, M-A-R-T-L-l-N-G, Avenue, (2) Apartment 4P, Tarrytown, 10591. (3) Q. Have you ever been deposed before, sir? (4) A. Yes, 1 have. (5) Q. How many times? (6) A. Three times. (7) Q. Let's start with the first one. Do you (8) remember when that was? (9) A. The first one back? (10) Q. Yes, the first deposition. (11) A. 1 believe it was in the late '60s and it had to (12) do with (13) MR. WALLACE: He just asked when. (14) THE WITNESS: Yes. (15) BY MR. BOSL: (16) Q. What was the nature of that deposition, of the (17) case, I'm sorry, in which the deposition took place? (18) A. Sulfuric acid. (19) Q. It was a personal injury case? (20) A. Personal injury, yes. (21) Q. And were you testifying as a witness or on (22) behalf of a company? I'm sorry. A percipient witness. (23) Did you see it happen, the injury happen? (24) A. No. (25) Q. Are with you testifying on behalf of a company? Page 7 Page 6 (D CARMELO SBEZZI, (2) sworn as a witness, (3) testified as follows: (4) EXAMINATION BY MR. BOSL: (5) Q. Good morning, Mr. Sbezzi. (6) A. Good morning. (7) Q. I just introduced myself. My name is Justin (8) Bosl, and I represent the Hogan family in this case. (9) Just for the record, I've attached as Exhibits (10) A, B and C respectively the notice of taking J. A. (11) Sexauer's person most knowledgeable and custodian of (12) records, J. A. Sexauer's objections and, C, our October (13) 2nd notice of taking the deposition this morning. (14) (Plaintiffs' Exhibit A, B and C (15) marked for Identification.) (16) BY MR. BOSL: (17) Q. Mr. Sbezzi, would you state your full name for (18) the record and spell it, please. (19) A. Carmelo, C-A-R-M-E-L-O, Sbezzi, S-B-E-Z-Z-l. (20) Q. What is your address? (21) A. Presently, I live at 7792 Guida Drive, West (22) Palm Beach, Florida 33411. I spend a half a year there (23) and a half a year in New York. Do you want my New York (24) address? (25) Q. Please. Page 8 (i) A. Yes. (2) Q. Which company was that? (3) A. J. A. Sexauer. (4) Q. And this was an injury that took place at a (5) Sexauer facility? (6) A. No. (7) Q. As a result of a Sexauer product that they (8) sold? (9) MR. WALLACE: If you know. (10) THE WITNESS: As a result of a Sexauer product. (ID BY MR. BOSL: (12) Q. Do you recall who the plaintiffs' attorneys in (13) that case were? (14) A. No, 1 don't. (15) Q. How about the second deposition that you did; (16) when was that? (17) A. 1998. (18) Q. What was the nature of that case? (19) A. It was an asbestos-related case. (20) Q. Were you testifying on behalf of a company? (21) A. Yes, sir. (22) Q. Sexauer? (23) A. Yes. (24) Q. Do you recall where that deposition took place? (25) A. 1 believe at counsel's office in Stamford, Page 5 to Page 8 510-451-1580 Aiken & Welch Court Reporters BS,A Hogan v Alcoa, Inc, Depo of Carmelo Sbezzi 10-18-06 XMAX(3/61) Page 9 (1) Connecticut. (2) Q. Do you recall where the case was pending? (3) A. No, 1 don't. (4) Q. Were you represented at the deposition by (5) counsel? (6) A. Yes. (7) Q. Do you recall who the plaintiffs attorney was? (8) A. No, 1 don't. 0) Q. (10) A. Who was your lawyer there? Mr. McCaghey. (11) Q. And then the third deposition, do you recall (12) when that was? (13) A. 2002. (14) Q. Was that also an asbestos case? (15) A. Yes, it was. (16) Q. And you testified on behalf of Sexauer? (17) A. Yes. (18) Q. Were you also represented by Mr. McCaghey at (19) that deposition? (20) A. Yes. (21) Q. Where did that deposition take place? (22) A. West Palm Beach, Florida. (23) Q. Do you recall where that case was pending? (24) A. No, 1 don't. (25) Q. Do you recall who the plaintiffs attorney was (i) that at the end of this deposition, you will be given (2) an opportunity to review the written transcript for any (3) corrections that you need to make, but any corrections (4) that you do make we will be allowed to comment on in (5) front of a jury or a judge if this were to be read into (6) trial, and that could be to your embarrassment. (7) Do you understand that? (8) A. Yes, 1 do. (9) Q. If you need to take a break at any time, please (10) let me know and we will try and accommodate you. The (11) only thing 1 would ask is that you answer the question (12) before we take a break. (13) A. Thank you. (14) Q. Have you taken any medications in the last 24 (15) hours that you think may affect your testimony today? (16) A. 1 take medication on a daily basis. (17) MR. WALLACE: That's not his question. Did you (18) understand his question? (19) THE WITNESS: That it will affect my testimony? (20) BY MR. BOSL: (21) Q. Would it affect your ability to give accurate, (22) full testimony today? (23) A. No. (24) Q. Are you under the influence of any alcohol or (25) drugs? (i) in that case? (2) A. No, 1 don't. (3) Q. It's been a little while since you've been (4) deposed last, so 1 just want to go over a few basic (5) ground rules for today's deposition. (6) You've been doing very well at letting me (7) finish my questions before you answer, and 1 would ask (8) that we continue that and 1 will try and let you finish (9) your answer before 1 ask the next question. (10) 1 would also ask that you make sure that all of (ID your answers are verbal. We often use "uh-huh," (12) "uh-uh," shaking our head, nodding our head, and 1 (13) would ask that you would make sure that all responses (14) are verbal. (15) Do you understand? (16) A. Yes, sir. (17) Q. It's very important that you give your most (18) honest and accurate answers today as you can. Even (19) though this is an informal setting, you understand that (20) this has the full effect as if you were testifying in (21) front of a jury and a judge in a courtroom. (22) Do you understand that? (23) A. Yes, 1 do. (24) Q. One of the other reasons that it's so important (25) that you give us honest and accurate answers today is Page 10 (i) A. No. Couldn't you tell? (2) Q. You never know. (3) Do you know of any other reasons why you cannot (4) testify fully and accurately today? (5) A. No. (6) Q. Sir, what is the highest level of education or (7) degree that you have achieved? (8) A. 1 have a college degree. (9) Q. Is that a B.A. or a B.S.? (10) A. B.S. (11) Q. B.S. In what field? (12) A. Labor management. (13) Q. Where did you attend university? (14) A. Manhattan College in Riverdale, New York. (15) Q. What year did you graduate? (16) A. 1958. (17) Q. Did you go directly from high school to (18) college? (19) A. Yes, 1 did. (20) Q. Have you had any further education after your (21) college degree? (22) A. No, 1 have not. (23) Q. Where did you go to work after college? (24) A. 1 worked for a sporting goods store in North (25) Tarrytown, New York. Page 12 Aiken & Welch Court Reporters 510-451-1580 Page 9 to Page 12 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(4/62] Page 13 to MR. WALLACE: (2) BY MR. BOSL: It's north. (3) Q. What year did you start there? (4) A. Full time? (5) Q. Yes. (6) A. 1958. (7) Q. Did you work there part time before that? (8) A. Yes, 1 did. (9) Q. During college? (10) A. During college. (11) Q. What year did you start there? I'm sorry. 1 (12) didn't let you finish. (13) A. During college and during high school, part of (14) high school. (15) Q. How long did you work there? (16) A. Part time or full time? (17) Q. Let's say full time starting in 1958. (18) A. Approximately two years. (19) Q. What were your responsibilities there when you (20) worked there full time? (21) A. 1 was in charge of running the store, doing (22) bids when they sold to schools. That's about it. (23) Q. What was your title there? (24) A. No title. (25) Q. Was it part of a chain or -- Page 15 (i) expedite the orders. (2) Q. What material was used to insulate the wire, if (3) you know? (4) A. Teflon. (5) Q. Do you recall the major companies that you (6) purchased from for the Teflon insulating material? (7) A. As far as 1 know, there was one company only. (8) DuPont. (9) Q. Until what year did you work for Tensolite? (10) A. Just a little bit over a year after 1 started. (11) Q. So somewhere in 1961 or '62? (12) A. '61. (13) Q. Throughout your time there at Tensolite, did (14) you have the title purchasing assistant or did your job (15) title or responsibilities change at any time? (16) A. They did not change. (17) Q. When you left Tensolite in 1961, did you get a (18) job after that? (19) A. 1 hope so. (20) Q. Where did you go to work? (21) A. Western Union Telegraph Company. (22) Q. What was your job title there? (23) A. Purchasing assistant. (24) Q. Which office did you work in? (25) A. Home office. 30 Hudson Street, New York City. Page 14 (1) A. Individually owned, small. (2) Q. 1 forgot to ask you this. Just let me go back (3) and ask you real quick. (4) Have you ever testified in court before? (5) A. In an actual courtroom? (6) Q. In an actual courtroom, yes. (7) A. No, 1 have not. (8) Q. So you left the sporting goods store in (9) approximately 1960? (10) A. That's correct. (11) Q. Where did you go to work after that? (12) A. A company called Tensolite, T-E-N-S-O-L-l-T-E, (13) Insulated Wire Company, Tarrytown, New York. (14) Q. Did you have a job title there? (15) A. Purchasing assistant. (16) Q. Did Tensolite manufacture the insulated wire? (17) A. They insulated copper wire that they bought. (18) Q. Did you work at the factory or plant where this (19) was done? (20) A. The home office which included office and (21) plant. (22) Q. What were your responsibilities there? (23) A. Purchase materials used in the insulating of (24) wire, purchase office supplies, purchase equipment (25) needed for the proper running of the machinery, Page 16 (D 1 don't know the zip. (2) Q. That's all right. (3) What were your responsibilities there? (4) A. Expedite contracts that were placed on vendors. (5) Q. These were products that Washington Union was (6) purchasing, then? (7) A. Western Union. (8) Q. I'm sorry. Western. (9) What products were those? (10) MR. WALLACE: If you recall. (11) THE WITNESS: Trees that they used for poles, (12) screw machine parts that they used in their equipment, (13) like phone jacks that they had manufactured outside. (14) BY MR. BOSL: (15) Q. Any types of insulated wires? (16) A. Not that 1 know of. (17) Q. Do you recall purchasing any (18) asbestos-containing products? (19) A. 1 didn't purchase at that job. (20) Q. I'm sorry. (21) Do you recall if the contracts that you were (22) expediting were for asbestos-containing products? (23) A. Not that 1 know of. (24) Q. How long did you remain at Western Union? (25) A. Till 1963. Page 13 to Page 16 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(5/63) Page 17 (1) Q. During that entire time, you were a purchasing (2) assistant? (3) A. Yes. (4) Q. And in 1963, where did you go to work? (5) A. J. A. Sexauer. (6) Q. What was your job title at that time? (7) A. Purchasing assistant. (8) Q. Which office did you work out of? (9) A. Home office. 10 Hamilton Avenue, White Plains, (10) New York. (11) Q. What were your responsibilities as purchasing (12) assistant for Sexauer? (13) A. To purchase various parts that were used to (14) distribute, expedite them. (is) Q. How many purchasing assistants were there at (16) that time at the home office? (17) A. One. (18) Q. So were you in charge of purchasing all of the (19) parts that J. A. Sexauer distributed? (20) A. Yes. (21) Q. How long did you have that title of purchasing (22) assistant? (23) A. Probably five years. (24) Q. About until 1968? (25) A. Yes. Page 19 (1) THE WITNESS: Did Sexauer have any other (2) offices from '68 to '73? (3) MR. BOSL: From '63 to 73. (4) THE WITNESS: No. (5) BY MR. BOSL: (6) Q. So you were the director of purchasing for the (7) entire organization? (8) A. That's correct. (9) Q. Is that the case throughout Sexauer's entire (10) history? (ID MR. WALLACE: If you know. (12) MR. BOSL: If you know. (13) THE WITNESS: 1 don't understand the question. (14) BY MR. BOSL: (15) Q. At any time did J. A. Sexauer have other (16) offices? (17) A. Prior to 73 or after 73? (18) Q. Let's start with prior to 73. (19) A. No. (20) Q. No. And after 73? (21) A. Yes. (22) Q. Where were those offices? (23) A. Louisville, Kentucky. (24) Q. Do you recall when that office opened? (25) A. No, 1 don't. Page 18 (1) Q. At that time did your job title change? (2) A. Director of purchasing. (3) Q. How long were you the director of purchasing? (4) A. Till 1973. (5) Q. When you became director of purchasing, did (6) your responsibilities change? (7) A. Not really. (8) Q. When you say "not really," was there any change (9) to your responsibilities? (10) A. Not that I recall. More money. Title always (11) helps. (12) Q. I assume there were no other directors of (13) purchasing for J. A. Sexauer? (14) A. When you got the best, you don't need others. (15) Q. Now, from '63 to '73, you were the purchasing (16) assistant director of purchasing in White Plains. Did (17) J. A. Sexauer have any other offices throughout the (18) country? (19) MR. WALLACE: Just from the '68 to '73 time (20) period? (21) MR. BOSL: For now. (22) MR. WALLACE: That's what I mean. For this (23) question. (24) MR. BOSL: That's right. (25) MR. WALLACE: Do you understand that? Page 20 (1) Q. Do you recall generally, maybe what decade that (2) took place in? (3) A. Early 70s. (4) Q. At that time did the White Plains, New York, (5) office continue in operation? (6) A. Yes, it did. (7) Q. What operations took place at Louisville, (8) Kentucky? (9) A. Warehouse. (10) Q. Prior to the opening of the Louisville (11) warehouse, were products warehoused in White Plains, (12) New York? (13) A. Only, yes. (14) Q. Did you have opportunity to go into the (15) warehouse in White Plains, New York? (16) A. Yes. (17) Q. Have you ever been to the warehouse Louisville, (18) Kentucky? (19) A. Yes. (20) Q. Once the warehouse in Kentucky opened, did the (21) warehouse in White Plains, New York, continue in (22) operation? (23) A. Yes, it did. (24) Q. What products were warehoused Louisville? (25) A. The same products that were warehoused in White Aiken & Welch Court Reporters 510-451-1580 Page 17 to Page 20 bsa Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 xmax(6/64| Page 21 (1) Plains. (2) Q. Did the warehouse in New York and Louisville (3) have different customers that they sold to or (4) distributed to? (5) A. That they distributed to, yes. (6) Q. Were those different customers divided up by (7) region, geographical region? (8) A. Yes, they were. (9) Q. What geographical region did the White Plains, (10) New York, warehouse supply to? (11) MR. WALLACE: Do we have a time when there was (12) competition with the Louisville office? Is that what (13) you're asking for. (14) MR. BOSL: Yes. Yes, after'73 once the (15) Louisville warehouse opened. (16) MR. WALLACE: Well, he said in the early '70s, (17) just so it's clear. (18) MR. BOSL: Okay. (19) MR. WALLACE: Do you understand what he's (20) asking you? After the Louisville and the White Plains (21) office were both opened -(22) THE WITNESS: How was it divided? (23) MR. WALLACE: That's his question. (24) THE WITNESS: White Plains would ship to the (25) northeast, upper central part of the United States, and Page 23 0) Q. That's right. Director of purchasing. (2) A. Yes. (3) Q. How long did you remain the director of (4) purchasing for Sexauer? (5) A. Three more years. (6) Q. So until, approximately, 1976? (7) A. 1 believe 1 may have misquoted myself there. (8) Probably the latter part of the 70s. (9) Q. And you're not sure exactly what year that (10) would have been? (11) A. No, I'm not. (12) Q. When you ceased being director of purchasing in (13) the late 70s, did you remain employed with Sexauer? (14) A. Yes. (15) Q. What was your title after that time? (16) A. Vice-president of sales. Can 1 correct myself? (17) Q. Yes. (18) A. 1 believe that was 1982. (19) Q. It was 1982. Okay. (20) So you were director of purchasing until 1982? (21) A. Yes. (22) Q. At which time you became vice-president of (23) sales? (24) A. Yes. (25) Q. Vice-president of sales in 1982. (1) Louisville would ship to the West Coast and southern (2) part, southeast. (3) BY MR. BOSL: (4) Q. So after the early '70s, if someone on the West (5) Coast, say, in California, made an order for Sexauer, (6) the product would have been shipped from Louisville? (7) A. Yes. (8) Q. How often have you been -- or how many times (9) have you been to the Louisville warehouse? (10) A. At least once a month. (11) Q. Beginning in the early '70s when it opened? (12) A. Yes. (13) Q. And continuing until when? (14) A. 1 didn't go once a month later on and 1 don't (15) know how often --1 might have been there once every (16) two months or three months in the latter years. (17) Q. Real quick, before the early '70s when (18) Louisville plant opened, a West Coast customer would (19) have had their product shipped from White Plains; is (20) that correct? (21) A. It was the only shipping distribution point. (22) Q. So in - 1 believe you said 1973 you became (23) director of sales; correct? I'm sorry. Director of (24) purchasing. (25) A. Yes. Page 22 Page 24 (1) When you became vice-president of sales, did (2) your responsibilities change? (3) A. Yes. (4) Q. What were your responsibilities when you became (5) vice-president of sales? (6) A. To set quotas for the sales department, to set (7) quotas for the individual regions, to assist in hiring (8) sales personnel. (9) MR. WALLACE: Can we take -- we don't need to (10) go anywhere. 1 just want to go off the record for a (11) second. (12) MR. BOSL: Sure. (13) (Off the record.) (14) MR. WALLACE: If we can go back on the record. (15) It might be helpful, so that there's no (16) confusion, to maybe ask the witness again as to the (17) timing of the various positions that he held just so (18) it's clear. (19) MR. BOSL: That's fine. (20) BY MR. BOSL: (21) Q. My understanding is you began as a purchasing (22) assistant for J. A. Sexauer in 1963; is that correct? (23) A. That's correct. (24) Q. How long did you hold that position? (25) A. Five or six years. Page 21 to Page 24 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(7/65) 0) Q. Five or six years. (2) Till approximately 1968; is that correct? (3) A. (Witness nodding head.) W Q. At that time you testified you became the (5) director of purchasing; is that correct? (6) A. That's correct. (7) Q. And you held the position of director of (8) purchasing until 1973; is that correct? (9) A. 76. (10) Q. 76. Okay. (11) You became director of purchasing in 1976 and (12) you held that position until 1982 when you became (13) vice-president of sales? (14) A. I misunderstood you. I became director(is) vice-president of sales in 1976. (16) Q. In 1976. Okay. (17) MR. WALLACE: That's the point, Counsel, I (18) wanted to clear up. (19) MR. BOSL: I see. (20) BY MR. BOSL: (21) Q. So director of purchasing is also (22) vice-president of sales? You held both of those-- (23) A. No. No. (24) Q. I'm sorry. (25) So you held purchasing assistant until 1968? Page 25 Page 27 (1) A. To hire salespeople, to give quotas. (2) Q. I want to go back, then, and ask you what your (3) responsibilities were when you were director of (4) purchasing -- I'm sorry -- vice-president of (5) purchasing. (6) A. Same responsibilities. Another change of title (7) which improved my income. (8) Q. Same responsibilities as when you were (9) purchasing assistant and director of purchasing? (10) A. Yeah. It was a small company and there were no (11) major changes in the functions. (12) Q. So you became vice-president of sales in 1982. (13) How long did you hold that title? (14) A. Till my retirement. (15) Q. When did you retire? (16) A. The year 2000. (17) Q. And you remain retired to this day? (18) A. Not right now. (19) Q. Did you ever go back to work after you retired (20) in 2000? (21) A. No, I did not. I spent 37 years. A long (22) career. (23) Q. During the years that you were purchasing (24) assistant, director of purchasing and vice-president of (25) purchasing - so I guess 1963 to 1982 -- I believe you Page 26 (1) A. Right. (2) Q. At which point you became director of (3) purchasing which you held until 1976? (4) A. (Witness nodding head.) (5) Q. At which point you became vice-president of (6) sales? (7) A. No. Vice-president of purchasing. (8) Q. Vice-president of purchasing. Okay. (9) How long did you hold the position of (10) vice-president of purchasing? (11) A. Approximately 1982. (12) Q. Till 1982. Okay. (13) And in 1982 you became vice-president of sales; (14) is that correct? (15) A. That's correct. (16) Q. And before we took the little break, you were (17) describing your responsibilities as vice-president of (18) sales. And I believe you said that you set quotas for (19) the sales departments and for the various regions, and (20) you assisted in hiring. (21) Did you have any other responsibilities at that (22) time? (23) A. Assist regional managers in performing their (24) functions. (25) Q. What were those functions? Page 28 (1) said you were in charge of purchasing all of the (2) products that Sexauer distributed; is that correct? (3) A. That's correct. (4) Q. What were the nature of those products? (5) A. Individual component parts from various (6) manufacturers of fixtures and flushometers that's used (7) for repairs, also tools that's used in the industry. (8) Q. We'll come back to the specific products (9) themselves. I want to go first, though--you were (10) vice-president of sales from 1982 until 2000. (11) Do you have any knowledge of the manner in (12) which Sexauer sold products prior to 1982? (13) A. I don't understand "the manner in which Sexauer (14) sold." (15) Q. If a customer wanted to purchase a product from (16) Sexauer-(17) A. Yes. (18) Q. I guess two sections of this question, then - (19) do you know how that customer would go about purchasing (20) that product prior to 1982? (21) A. Yes.There's more than one way. (22) Q. Do you know how, once that order was placed, (23) Sexauer would fill that order and distribute the (24) product prior to 1982? (25) A. Yes. Aiken & Welch Court Reporters 510-451-1580 Page 25 to Page 28 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(8/6S| Page 29 (1) Q. You say there were several ways. So let's say (2) a -- well, first of all, did Sexauer distribute to (3) contractors? (4) A. Sexauer distributed to any facility that was (5) large enough that had a maintenance department that (6) required parts to keep the building in order. (7) Q. I'll come back to that. I'm not sure that (8) necessarily answers my question, though. (9) Did Sexauer distribute to contractors? (10) A. Well, I'm not sure "contractors" is a (11) terminology that I understand as you try and tell me. (12) Would you consider ~ (13) MR. WALLACE: If you don't understand the (14) question -- you just told him that -- he can ask (15) another question. (16) BY MR. BOSL: (17) Q. Let's say a plumbing contractor in a city, for (18) example, San Francisco. Did you sell to plumbing (19) contractors? (20) A. Yes. It was one of our minor markets. (21) Q. And if a contractor wanted to place an order, (22) how would they go about that? (23) A. One method was, we had commissioned salesmen in (24) the territory that called on the facilities that they (25) felt were potential customers. And being Page 31 (1) Q. How many salesmen did Sexauer have -- well, I'm (2) sorry. Strike that. (3) What were these six regions? (4) A. Northeast, southeast, Central America - (5) MR. WALLACE: Well, Central America implies the (6) land between North America and South America. (7) THE WITNESS: Central United States, north (8) central United States. (9) MR. WALLACE: Thank you. (10) THE WITNESS: South central UnitedStates, West (11) Coast. How many is that? (12) MR. WALLACE: That's five. (13) THE WITNESS: And the sixth would be a (14) combination of Alaska, Hawaii and Puerto Rico. (15) BY MR. BOSL: (16) Q. Did Sexauer have regional sales headquarters in (17) each of these territories? (18) A. No headquarters. (19) Q. Or office? I should ask that. (20) A. No office. (21) Q. And so how many commissioned sales - I should (22) ask first, California, I assume, is in the West Coast (23) region? (24) A. Good place to be. (25) Q. How many commissioned salespersons did Sexauer Page 30 (1) commissioned -(2) MR. WALLACE: He just asked if a contractor (3) wanted to place an order, how would they do that. (4) That's all he's asking. (5) THE WITNESS: Okay. (6) MR. WALLACE: Just tell him that, if you know. (7) THE WITNESS: Can you just read back what 1 (8) said? (9) (Record read by the Reporter.) (10) BY MR. BOSL: (11) Q. So you had commissioned salesmen -- (12) MR. WALLACE: Hang on. Do you have an answer (13) for his question? (14) THE WITNESS: 1 have another method that 1 (15) think is part B. (16) MR. WALLACE: Try and answer his question. (17) THE WITNESS: We also distributed catalogs, and (18) a potential customer could order product using an 800 (19) number and it would be shipped to him. (20) BY MR. BOSL: (21) Q. Well, then let's begin with the commissioned (22) salesmen. (23) What regions or territories did Sexauer sell to (24) for which they had commissioned salesmen? (25) A. The country was divided into six regions. Page 32 (i) have on the West Coast? (2) A. 1 don't recall. (3) Q. Do you have an estimate as to -- was (4) than ten? (5) A. What period? (6) Q. Priorto 1976. (7) A. For all of California? Is that what you'i (8) asking? (9) Q. (10) A. For the West Coast region. For the West Coast region? (11) Q. Yes. (12) A. 1 would say a little bit more than ten. (13) Q. Less than 20? (14) A. Yes. (15) Q. So somewhere around 15? (16) A. 1 estimate 12. (17) MR. WALLACE: This is for the West Coast region (18) prior to 73, did you say? (19) MR. BOSL: 76. (20) MR. WALLACE: 76? (21) MR. BOSL: Yes. (22) MR. WALLACE: Okay. (23) BY MR. BOSL: (24) Q. Within the region, did these, roughly, a dozen (25) salespersons divide up the region and have a particular Page 29 to Page 32 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(9/67) (1) territory that was their own? (2) A. Each salesman had a protected territory. (3) Q. And how manysalespersons were there for the (4) Bay Area? (5) A. I'd have to estimate three or four. Maybe not (6) four. (7) Q. Do you recall who those persons were prior to (8) 1976? (9) A. Jack Heinen, H-E-l-N-E-N, 1 believe; Ernest (10) Klopfel, K-L-O-P-F-E-L. 01) Q. Any others? (12) A. Not that 1 recall. (13) Q. Is Mr. Heinen still alive? (14) A. Not that 1 know of. (15) Q. Do you recall where he lived last you knew? (16) A. In the Bay Area is all 1 know. (17) Q. Likewise, is Mr. Klopfel still alive? (18) A. Not that 1 know. (19) Q. Where did he live the last time you knew? (20) A. I'm not sure. (21) Q. Do you recall how long Mr. Heinen worked for (22) Sexauer? (23) A. No, 1 don't. (24) Q. Do you recall how long Ernest Klopfel worked (25) for Sexauer? Page 33 (D BY MR. BOSL: (2) Q. It says on the front "Master Catalog." (3) MR. WALLACE: Hang on. Let's let him look at (4) the exhibit. (5) Off the record. (6) (Off the record.) (7) BY MR. BOSL: (8) Q. On the first page you see that it says "Master (9) Catalog " and on the bottom it says J. A. Sexauer? (10) A. Yes, 1 do. (ii) Q. And if you'll turn the page one page, it looks (12) like it's a table of contents, and down at the bottom (13) do you see that it says "Copyrighted by J. A. Sexauer, (14) 1983"? (15) A. Yes, 1 do. (16) Q. How often do these catalogs come out? (17) A. As required. There wasn't a set date. (18) Q. Generally speaking, do they come out (19) approximately every year? (20) A. No. (21) Q. Every two years? (22) A. No. (23) Q. Do you recall, as a general rule, how often (24) they did come out? (25) A. As required, what our supply lasted. There's Page 35 Page 34 (1) A. No, I don't. (2) Q. But both of them were salespersons for Sexauer (3) prior to 1976? (4) A. Yes. (5) Q. Do you recall if they were salespersons from (6) approximately 1965 to 1970? (7) A. I don't recall. (8) Q. And these commissioned salesmen, did they have (9) particular customers that they would call on? (10) A. They could call on any potential customer that (11) they felt needed Sexauer product. (12) Q. And so would they actually visit the (13) customer -- (14) A. Yes. (is) Q. -- and sell them product? (i6> Did these salespersons make recommendations to (17) the customer as to what products they should purchase? (18) MR. WALLACE: If you know. (19) MR. BOSL: If you know. (20) THE WITNESS: I don't know. (21) BY MR. BOSL: (22) Q. | want to hand you what I'm going to mark as (23) Exhibit D. (24) (Plaintiffs' Exhibit D (25) marked for Identification.) Page 36 (1) not a general rule that I recall. (2) Q. I want to flip forward a few pages to -- on the (3) bottom it's Bates No. CPSL0006791. On the right-hand (4) column, do you see the paragraph titled "Inventory (5) Management Assistance"? (6) A. Yes, I do. (7) Q. Is it your understanding - let me say this for (8) the record: First of all, as I understand it, you're (9) being produced as the representative for J. A. Sexauer, (10) and so unless I make it clear, when I say "you," I (11) don't just necessarily mean Mr. Sbezzi; I mean J. A. (12) Sexauer. (13) Do you understand that? (14) A. That's fine. (15) Q. Now, according to this, it says that there were (16) 110 trained Sexauer representatives available and ready (17) to help you. (18) Are those 110 trained representatives the (19) commissioned salespersons you were talking about prior? (20) A. Yes. (21) Q. Is it your understanding, then, that the (22) Sexauer sales representatives would, if requested, (23) advise the customer as to what products they should be (24) purchasing for their needs from Sexauer? (25) MR. WALLACE: Again, I object to the question Aiken & Welch Court Reporters 510-451-1580 Page 33 to Page 36 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(10/68) Page 37 (1) as vague and ambiguous. (2) If you understand it, you can go ahead and (3) answer it. (4) THE WITNESS: I don't understand the word (5) "advise." The salesman would make a call and it's (6) common knowledge that the customer knows what he needs (7) to run the building. And our salesman would assist him (8) in purchasing those products, but as far as advise - (9) BY MR. BOSL: (10) Q. I guess I'm using the word that the catalog is (11) using. It says that the salesman would advise the (12) customer of proper inventory levels. In another place (13) here -- prior to that, it says he'll determine the age, (14) make, repair record and exact repair parts necessary (15) for economic and effective repairs. (16) Is it your understanding that Sexauer did that? (17) A. The third paragraph is also what you should be (18) getting to. "Working with you, he'll advise you of (19) proper inventory levels." (20) Is that what you referred to as "advise" in the (21) earlier question? (22) Q. Well, I guess there's two parts to it. (23) So is it your understanding that Sexauer would (24) advise to inventory levels for the customer? (25) A. Yes. Page 39 (1) Q. So if a customer had a particular fixture that (2) he was working with, he could ask the Sexauer (3) representative what parts would work best for that (4) fixture? (5) A. If he didn't know. (6) Q. If he didn't know himself? (7) A. (Witness nodding head.) (8) Q. So then when the commissioned salesperson would (9) make a call to a particular customer, the customer can (10) make an order with the salesperson right there? (11) A. Or he could call in at any other time. (12) Q. And the commissioned salesmen would simply call (13) in to the headquarters at White Plains and place the (14) order; is that correct? (15) A. The commissioned salesmen, each were allotted a (16) time at night where they could place all their orders (17) that they took during the day to have them processed, (18) or if it was of an emergency nature, then they could (19) call during the day. (20) Q. But the salesmen didn't keep any inventory for (21) themselves; is that correct? (22) A. No, sir. (23) MR. WALLACE: You're agreeing with him? (24) THE WITNESS: The salesmen did not keep (25) inventory for themselves. Page 38 (1) Q. And is it your understanding that he would also (2) recommend the appropriate parts necessary for the work (3) that the customer was doing? (4) MR. WALLACE: Objection. The question is vague (5) and ambiguous as to the work the customer is doing. I (6) think the confusion is, if you look at the materials, (7) they supplied specific materials for specific fixtures. (8) So, yes -- it's my understanding, yes, they would (9) advise the client. (10) If you wanted to get a replacement part for a (11) particular faucet, they would tell you what replacement (12) part that was out of the maybe 600 that you could (13) choose from. So in that sense, yes, they would be (14) advising him, but that's the extent of the advice (15) given. (is) You can inquire of the witness whether or not (17) my representation is accurate. I don't mean to try and (is) conduct your deposition for you. I'm just trying to (19) help put it in context that might assist. That's all. (20) BY MR. BOSL: (21) Q. Mr. Sbezzi, is what your attorney just (22) represented your understanding of the way that Sexauer (23) would advise? (24) A. Yes. I would add to it, also would advise in (25) the inventory control of that customer or that account. Page 40 (1) BY MR. BOSL: (2) Q. After 19 -- I'm sorry. After the early'70s (3) when the Louisville, Kentucky, plant opened, would the (4) West Coast salesmen place their order directly to (5) Louisville? (6) A. All orders were placed through Sexauer (7) headquarters who had the facility to accept the orders. (8) They may be shipped out of Louisville, but it went (9) through home office. (10) Q. And you were located at the head office? (11) A. 10 Hamilton Avenue. (12) Q. And so then the other way that a customer would (13) order was through the catalog; correct? (14) A. Yes. (15) Q. Thesecatalogs were sent to known customers or (16) did the customer have to ask for the catalog? (17) A. We preferred the catalogs be given to the (is) customer by their salesmen. The catalogs were (19) expensive and we did not want to send out many books. (20) Q. So if a customer wanted to request a catalog, (21) they would be directed to contact the local salesman? (22) A. Yes. (23) Q. Could they call directly to White Plains, the (24) headquarters, and request a catalog be sent to them? (25) A. Yes,they could. Page 37 to Page 40 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(11/9) Page 41 (1) Q. Before we go further, I think we've been going (2) roughly an hour or so. Why don't we take a five or (3) ten-minute break? (4) A. Sounds good to me. (5) MR. WALLACE: Before we go off the record and (6) just so it's clear, Exhibit D has ten pages in it, and (7) it begins with the reference number which ends with (8) 6780 and it ends with 6796, but the pages are not (9) inclusive. There's only ten pages and they are a (10) variety of different numbers. (11) MR. BOSL: That's correct. (12) MR. WALLACE: We can go off now. (13) (Off the record.) (14) MR. BOSL: Back on the record. (is) BY MR. BOSL: (16) Q. Mr. Sbezzi, I want to show you what's been (17) marked as Exhibit A. Have you seen that document (18) before? (19) A. Yes, 1 have. (20) Q. When did you first see it? (21) A. Recently. (22) Q. Recently meaning hours? Days? (23) A. Days. (24) Q. Do you recall how many days ago you saw it? (25) A. It might have been weeks. It was sent to me. Page 43 (1) Q. Do you recall that he testified regarding J. A. (2) Sexauer in that deposition? (3) A. Yes. (4) Q. Who supplied you the copies of interrogatories? (5) A. My counsel. (6) Q. Besides talking to your attorneys, have you (7) talked to anyone in preparation for this deposition? (8) A. Yes. (9) Q. Who did you talk to? (10) A. I spoke to present and past Sexauer employees. (11) Q. Which attorney - I'm sorry. (12) Which past employees did you speak with? (13) A. Gill Silva, the ex-president, retired president (14) of Sexauer; Frank O'Connell who at that time when I (15) spoke to him was the vice-president of sales for (16) Sexauer; Frank Inana, l-N-A-N-A, who at that time when (17) I spoke to him was the regional manager for Sexauer, (18) West Coast division; John Contos, C-O-N-T-O-S, who was (19) the previous West Coast regional manager, retired; (20) Clint Carmichael who is the present Sexauer salesman in (21) the Bay Area. (22) Q. Any other employees? (23) A. (Witness shaking head.) (24) Q. So I guess these are both the past and the (25) present employees that you spoke with; correct? Page 42 (i) Q. Do you recall, approximately, when that was? (2) A. The last ten days. (3) Q. In preparing for today's deposition, have you (4) reviewed any documents? (5) A. Yes, 1 have. (6) Q. Which documents have you reviewed? (7) A. This notice of taking the deposition. 1 (8) reviewed my two previous depositions, and I reviewed (9) two sets of interrogatories which I signed. (10) Q. Were those interrogatories in this case? (11) A. Yes. (12) MR. BOSL: I would ask counsel to make copies (13) of the two previous depos available. (14) MR. WALLACE: Uh-huh. (15) Are you finished with your answer? (16) THE WITNESS: Yes. (17) MR. WALLACE: He's also looked at Tom Duffy's (18) deposition. (19) THE WITNESS: My error. (20) BY MR. BOSL: (21) Q. When did you read Mr. Duffy's deposition? (22) A. A few months ago. (23) Q. Did you read his entire deposition or certain (24) parts of it? (25) A. I tried to read the whole thing. Page 44 (i) A. Yes. (2) Q. Mr. Silva, you said, is the former president. (3) Do you recall what years he was president of Sexauer? (4) A. No, 1 don't know the year he was made (5) president, but he started with Sexauer in 1966. (6) Q. Do you recall what position he started at in (7) 1966? (8) A. Head of the finance and accounting department. (9) Q. (10) A. When did he cease being president of Sexauer? When he retired. I'm not sure, but it's (11) probably 2002. (12) Q. Where does he reside? (13) A. White Plains, New York. (14) Q. Do you recall his phone number offhand? (15) A. No, 1 don't. (16) Q. What did you discuss with Mr. Silva? (17) A. 1 was trying to get information on present (18) Sexauer salesmen in the Bay Area, and 1 asked him what (19) route 1 should take, who 1 would inquire from. (20) Q. And what did he tell you? (21) A. He led me to Frank O'Connell. (22) Q. When did you have this conversation with (23) Mr. Silva? (24) A. Oh, maybe a month ago. (25) Q. And then you contacted Mr. O'Connell? Aiken & Welch Court Reporters 510-451-1580 Page 41 to Page 44 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(12/70) Page 45 (1) A. Yes. (2) Q. Do you recall when he became vice-president of (3) sales at Sexauer? (4) A. Probably the year 1 left. He replaced me. (5) Q. Had he worked for Sexauer prior to that? (6) A. Yes. (7) Q. Do you know how long he worked for Sexauer (8) before that? (9) A. I'd say about three years. (10) Q. What did you discuss with Mr. O'Connell? (11) A. Who 1 should contact to see who is working the (12) Bay Area. (13) Q. Anything else? (14) A. No. (15) Q. And he told you about Mr. Inana? (16) A. Inana, yeah. (17) Q. Any others? (18) A. No. (19) Q. How long ago did you contact Mr. O'Connell? (20) A. Approximately a month or so. (21) Q. And then you contacted Mr. Inana? (22) A. Yes. (23) Q. And when did you contact him? (24) A. Approximately a month or so. (25) Q. Do you know how long he has been the regional Page 47 (D Q. Did he tell you anything? (2) A. No. He hadn't heard from either one in years. (3) He did not know of their location, if they were alive. (4) Q. Did he provide any other information to you? (5) A. No. (6) Q. When did you talk to Mr. Contos? (7) A. Approximately a month ago. (8) Q. Mr. Inana gave you the name of Mr. Carmichael. (9) Did he provide you with any other information? (10) A. He did not know where Jack Heinen was or had (11) heard of him. (12) Q. Any other information that he gave you? (13) A. No. (14) Q. And then you contacted Mr. Carmichael? (15) A. Yes. (16) Q. When did you contact him? (17) A. About a month ago. (18) Q. What did you ask him? (19) A. If he knew the whereabouts of Jack Heinen. (20) Q. What did he tell you? (21) A. No, he did not. (22) Q. Did you ask him for any other information? (23) A. No. (24) Q. Did he give you any other information? (25) A. No. Page 46 (1) manager of the West Coast region? (2) A. 1 believe it's only three years. (3) Q. Did he work for Sexauer prior to that? (4) A. No, he did not. (5) Q. Do you know where he worked before that? (6) A. No, 1 don't. (7) Q. What did you discuss with Mr. Inana? (8) A. 1 wanted to find out who in the Bay Area -- (9) Q. Who sells in the Bay Area? (10) A. Yes. (11) Q. (12) A. Does Mr. Inana sell in the Bay Area? No, he doesn't. (13) Q. He simply manages the other salesmen? (14) A. Yes. (15) Q. Who did he tell you sells in the Bay Area? (16) A. Clint Carmichael. (17) Q. Anyone else? (18) A. No. (19) Q. Did Mr. O'Connell tell you the names of prior (20) salesmen in the Bay Area? (21) A. No. 1 went to John Contos, who was prior (22) regional manager, to try and locate John -- Jack Heinen (23) or Ernie Klopfel. (24) Q. Was he able to help you? (25) A. No, he wasn't. Page 48 (1) Q. I'm sorry. 1 may have already asked this. (2) Mr. Contos could not provide you with any (3) information regarding Mr. Heinen or Klopfel; correct? (4) A. No, he did not. (5) Q. Did you talk to anyone else regarding your (6) deposition or this case or the interrogatory answers (7) that you were asked to review? (8) A. Besides my counsel? (9) Q. (10) A. Besides your counsel. No. (11) Q. When you talked with counsel, was anyone else (12) present? (13) A. No. (14) Q. Sir, either during your time when you were -- (15) well, at any time when you worked for Sexauer, did you (16) visit the California area as part of your employment? (17) A. Yes. (18) Q. When did you do that? (19) A. 1 don't recall dates. (20) Q. Do you recall the general time period? (21) A. No. (22) Q. Was it early -- well, do you recall what (23) position you held in the company when you did? (24) A. Both. (25) Q. Both in purchasing and in sales? Pape 45 to Page 48 510-451-1580 Aiken & Welch Court Reporters bsa__________ ______________________________ Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 xmax(13/7ii (1) A. Yes. (2) Q. So you visited more than once? (3) A. Yes. (4) Q. How many times did you visit? (5) A. At least four. (6) Q. Do you recall how many times you visited in (7) your purchasing position? (8) A. Maybe once. (9) Q. What was the purpose of that trip to (10) California? (11) A. Meet the salesmen. (12) Q. Which salesmen did you meet at that time? (13) A. Jack Heinen and Ernie Klopfel. 1 don't recall (14) any others. (15) Q. Where in California did you visit? (16) A. We were in San Francisco. (17) Q. And both Mr. Heinen and Klopfel were selling (18) the area in San Francisco? (19) A. I'm not sure of Ernie Klopfel's territory. (20) Q. But Mr. Heinen was selling in San Francisco? (21) A. Yes. (22) Q. I'll simply ask you to let me finish asking the (23) question before you answer. (24) How long were you in California at that time? (25) A. A matter of a few days. Page 49 Page 51 (i) to know them? (2) A. Yes. (3) Q. And then you visited California as director (4) of -- or vice-president of sales approximately three (5) times? (6) A. Approximately. (7) Q. Do you recall when those visits were? (8) A. No, 1 don't. (9) Q. Were they early in your time as vice-president (10) of sales? (11) A. Probably one early, two later on. (12) Q. So one probably in the '80s and two in the (13) '90s? Is that fair to say? (14) A. That would be fair. (15) Q. What were the purpose of those visits? (16) A. To try and expand our business. We were a (17) small company looking to get bigger, what (18) recommendations they had as far as new products, better (19) service. (20) Q. When you say "recommendations they had," who do (21) you mean by "they"? (22) A. Our salesmen who service the customers. (23) Q. Did you meet with all of the salesmen for the (24) West Coast region? (25) A. Not that 1 recall. Page 50 (1) Q. Did you make any sales calls with either (2) salesmen? (3) A. No, 1 did not. (4) Q. What was the nature of your visit with them? (5) A. Just to meet the salesmen. (6) Q. What did you discuss with them? (7) A. 1 don't know. (8) Q. Did you discuss who their customers were? (9) A. No. (10) Q. Did you discuss what products Sexauer sold? (11) A. Not that 1 recall. (12) Q. What relationship did you have in your position (13) as assistant purchasing director of purchasing and (14) vice-president of purchasing with the salesmen in the (15) field? (16) A. 1 would hear recommendations for new products. (17) Q. And these recommendations came from customers (18) or from the salesmen? (19) A. Probably customers through the salesmen. (20) Q. Was this for brands of products, these (21) recommendations? (22) A. Not necessarily brands, no. New products, new (23) tools. (24) Q. So this visit when you were director of (25) purchasing was more of an informal visit simply to get Page 52 (1) Q. Which salesmen did you meet with? (2) A. 1 don't recall. (3) Q. Where in California did you visit the first (4) time? (5) A. Marina Del Rey. (6) Q. Were there salesmen based out of Marina Del (7) Rey? (8) A. In the vicinity. (9) Q. I'm sorry? (10) A. In the vicinity. (11) Q. Did you meet with salesmen for the Bay Area at (12) that time? (13) A. Not that 1 recall. (14) Q. And the second time you visited California, do (15) you recall where that was? (16) A. In the Los Angeles area. (17) Q. And the nature of the visit was the same as (18) what you just described, recommendations on products (19) and service? (20) A. Service. (21) Q. And expanding the business? (22) A. Yes. (23) Q. And the third time? (24) A. 1 don't recall where it was. (25) Q. You don't recall where it was. Aiken & Welch Court Reporters 510-451-1580 Page 49 to Page 52 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(14/72) Page 53 (1) Do you recall whether it was in the Bay Area? (2) A. Not that I know. (3) Q. And that also had the same purpose as the prior (4) two visits? (5) A. Yes. (6) Q. During that time, did you meet with any of (7) your -- Sexauer's customers? (8) A. No. (9) Q. Did you discuss who your customerswere? (10) A. No. (11) Q. Did youdiscuss types of customers, for (12) example, say, large buildings or plants like hospitals (13) versus contractors and so on? (14) A. Yes.We were looking to expand --we had (15) different vertical markets which we sold. Contractors (16) or plumbing supply houses being the smallest because it (17) was difficult to compete sending product from the East (18) Coast or even Louisville to the West Coast. So we (19) wanted to put our concentration on bigger facilities (20) such as hospitals, hotels. (21) What happened, it was very difficult to compete (22) with the local supply house because the customer could (23) really go pick up the product that day if he needed it, (24) and they usually sold at a lower price than Sexauer (25) because Sexauer had to ship it across country and carry Page 55 (1) deposition testimony. (2) A. (Witness nodding head.) (3) Q. Do you recall that he testified that Sexauer (4) was the Cadillac of products, of plumbing products? (5) A. If you refer to being -- Cadillac as being the (6) higher price, he was right. (7) Q. Were Sexauer products of better or different (8) quality than what you would get at the local supply (9) house? (10) A. No. These products were commercially available (11) anyplace, but Sexauer paid higher commission to its (12) salesmen, charged more money to the customer, tried to (13) give them better service and, therefore, the Cadillac (14) of the industry. (15) Q. When you say "better service," what do you (16) mean? (17) A. We tried to carry inventory and an ability to (18) ship within a reasonable time, but it's very difficult (19) when you've -- (20) MR. WALLACE: You've answered his question. (21) BY MR. BOSL: (22) Q. Well, you're saying it was very difficult to (23) compete with the local supply house? Is that what you (24) were trying to say? (25) A. Yes. ' Page 54 (1) a larger inventory because they served a greater area, (2) but the local supply house served a more limited area (3) and we were trying to cover the country. So we tried (4) to emphasize hospitals, schools, large office (5) buildings, government installations. (6) Q. Who were -- do you know who Sexauer's biggest (7) competitors were in the Bay Area? (8) A. No, I don't, but there was competitors in (9) California. The local supply house as a group also was (10) our competitors because they were -- the product was (i i) readily available there compared to having it shipped. (12) MS. BOSL: I would simply ask that all (13) conversations be on the record. (14) MR. WALLACE: Well, conversations that I would (15) have with the witness, I'll ask you to take a break. (16) If counsel wants to talk with me, that's no more (17) entitled to be on the record than if you want to talk (18) to Mr. -- your attorney who is right here or any of the (19) counsel want to talk at table. (20) MR. BOSL: I'd simply ask that these (21) conversations not take place during the questioning. (22) MR. WALLACE: That's a fair enough request. (23) That's a fair enough request. I'll try and honor that. (24) BY MR. BOSL: (25) Q. Sir, you said that you read Mr. Duffy's Page 56 (1) Q. Maybe you can recap for me. (2) The reason was because the product was readily (3) available there for them to get - is that what you (4) were saying -- in the supply house? (5) A. In the supply house. (6) Q. Directing you back to - (7) MR. WALLACE: Do you want him to look at one of (8) these? (9) MR. BOSL: No. A new exhibit. I'm going to (10) have this marked as Exhibit E. (11) (Plaintiffs' Exhibit E (12) marked for Identification.) (13) BY MR. BOSL: (14) Q. Sir, do you recognize this document? (15) A. I recognize it as being a copy of a Sexauer (16) catalog cover. (17) Q. And this cover is familiar to you as a Sexauer (18) logo and what a Sexauer catalog looked like? (19) A. Yes. (20) Q. Going to the second page, the very bottom in (21) very small print, do you see that this says "copyright (22) 1964"? (23) A. Yes, I do. (24) Q.For the record, these are -- Exhibit E is Bates (25) stamped CPSLO 006799, 6805, 6839, 6840 and 6902. Page 53 to Page 56 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(15/73) Page 57 (D Did you see the Sexauer catalog during the 1963 (2) time period when you worked with Sexauer? (3) A. Yes, I did. (4) Q. I want to turn to -- I guess it would be - (5) let's go to 6902. It's the last page of this exhibit. (6) Do you see in the middle of the page it says, (7) "Sexauer Wickings, Graphited Asbestos Stem Packings." (8) Do you recall that Sexauer did sell these (9) products? (10) A. Yes, I do. (11) Q. It says here the Sexauer name. Did Sexauer (12) manufacture these products? (13) A. Sexauer did not manufacture products. (14) Q. Who manufactured the wickings that are in this (15) catalog? (16) A. A company called Eureka Packing. (17) Q. Who put the Sexauer name on it? (18) A. Sexauer ordered empty spools with the Sexauer (19) name on it, sent it to Eureka who put the braided or (20) twisted material on it. (21) Q. So when the customer ordered it, they would see (22) the Sexauer name on the spool and on the wicking (23) itself? (24) MR. WALLACE: Objection. Compound. (25) MR. BOSL: We can break that up. Page 59 (1) empty spool with its name on the spool and send it to (2) Eureka? (3) A. There's no name on those two products, on those (4) products. (5) Q. So the only way that -- so there was no (6) identifying product name at all on those products? (7) A. No. (8) Q. Have you seen these products either when you (9) were purchasing or supplying? (10) A. Yes. (11) Q. Where did you see them? (12) A. In the warehouse. (13) Q. Did you place the orders for them? (14) A. Yes. (15) Q. Do you recall the volume of these products that (16) you sold to the Bay Area? (17) A. No. (18) Q. Do you recall generally the volume of these (19) products that you sold? (20) A. I can only compare it. It had to be a small (21) volume because these were not big sellers compared to (22) the rest of the line of the products. Minute part of (23) our Sexauer line. (24) Q. I'm sorry. They were a new product? (25) MR. WALLACE: Minute, like in tiny, tiny, tiny, Page 58 (1) BY MR. BOSL: (2) Q. When the customer purchased the wicking, would (3) they see the name Sexauer on the spool? (4) A. Yes. (5) Q. Would they see the name Eureka on the spool? (6) A. No. (7) Q. Was there any identifying mark on the wicking (8) itself? (9) A. (10) Q No. Could a customer purchase products with the (ID Sexauer name on it at a local supply store? (12) A. We did not sell supply stores because they were (13) our competitors. (14) Q So if a customer wanted a product with the (15) Sexauer name, the only way to get that product was (16) through Sexauer; is that correct? (17) A. That's correct. (18) Q Let's move down. (19) The special asbestos wicking just below that to (20) the left, which company made that product? (21) A. 1 believe that came from Eureka, also. (22) Q Is that true, also, with the asbestos yarn (23) right next to it? (24) A. Yes, sir. (25) Q Same scenario with those; Sexauer would buy an Page 60 (i) really, really, small. (2) BY MR. BOSL: (3) Q. The page before this, 6840, on the right hand (4) towards the middle, there are Sexauer asbestos washers. (5) Do you see what I'm referring to? (6) A. Yes, 1 do. (7) Q. Do you recall where - your testimony is that (8) Sexauer did not manufacture products? (9) A. That's correct. (10) Q. And that applies to these washers, also? (ID A. That's correct. (12) Q. Who manufactures these asbestos washers? (13) A. 1 don't recall. (14) Q. Do you recall, generally, the volume of these (15) kinds of washers that you sold? (16) A. 1 would also characterize it as a very small (17) volume compared to many other products that we had in (18) the line. (19) Q. 1 want to show you what I'm going to mark as (20) Exhibit F. (21) (Plaintiffs' Exhibit F (22) marked for Identification.) (23) BY MR. BOSL: (24) Q. And these are interrogatory responses from a (25) company called Garlock. Aiken & Welch Court Reporters 510-451-1580 Page 57 to Page 60 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(16/74) Page 61 (1) Are you familiar with Garlock? (2) A. Yes. (3) Q. What do you associate with the name Garlock? (4) A. Sheeting. (5) Q. Any other products? (6) A. Not that I recall. (7) Q. If you'll turn to the second page, it says (8) "answer to interrogatory No. 12." (9) A. Am I supposed to have one of these? (10) Q. Yes. (11) MR. WALLACE: I'll give it to you. (12) Do you have the question for No. 12? (13) MR. BOSL: I don't. (14) MR. WALLACE: Well, then I'm going to object to (15) any question of this witness on the basis of (16) completeness. If you want to ask him to take a look at (17) this document to see if it refreshes his recollection, (18) I don't have any problem with that, but you first have (19) to ask him something that he doesn't have a (20) recollection on. (21) BY MR. BOSL: (22) Q. Let's start with that. (23) Do you recall whether or not Garlock had -- I'm (24) sorry. Do you recall whether or not Sexauer ever (25) purchased products from Garlock? Page 63 (1) Q. And it didn't say Sexauer on it? (2) A. Not that I recall. (3) Q. Do you recall, of the products that you sold, (4) what volume that sheet packing was? (5) A. I would also characterize that as minute. (6) Q. I want to go through -- I want to go back to (7) Exhibit A. And starting on - it's page 8. I just (8) want to go through and ask whether or not you're the (9) person most knowledgeable for Sexauer about these (10) various categories of information. (11) You testified you saw this notice approximately (12) ten days ago or thereabouts? (13) A. Earlier in the month, yes. (14) Q. Sir, are you the person most knowledgeable for (15) Sexauer regarding their record retention policy? (16) MR. WALLACE: Well, I'm going to object to the (17) extent it calls for a legal conclusion. The witness is (18) being produced in response to the deposition notice for (19) the person most knowledgeable to testify about the (20) matters which are the subject of the deposition notice. (21) That's what he's being produced for. So whether or not (22) he can - I don't believe it's appropriate to ask him (23) whether or not he believes that that's his capacity. (24) That's a legal conclusion the witness is not here to (25) testify about. (1) A. Yes, 1 do. (2) Q. Do you recall what products those were? (3) A. Sheet packing. (4) Q. Do you recall any other products? (5) A. No, 1 don't. (6) Q. Were these products sold under the Sexauer (7) name? (8) MR. WALLACE: The sheet packing? (9) MR. BOSL: The sheet packing, yes. (10) THE WITNESS: It wasn't branded Sexauer. It (11) was like every other item here with the Sexauer name. (12) It fits in the Sexauer book. (13) BY MR. BOSL: (14) Q. So it was sold in the Sexauer catalog as a (15) Sexauer sheet packing? (16) A. Yes. (17) Q. (18) A. (19) Q. (20) A. Do you recall seeing the sheet packing? Yes. Did you see it prior to 1976? Yes. (21) Q. Did this sheet packing have any identifying (22) marks on it? (23) A. Not that 1 recall. (24) Q. (25) A. It didn't say Garlock on it? Not that 1 recall. Page 62 Page 64 (D BY MR. BOSL: (2) Q. I'm not going to necessarily ask you these (3) questions. When I say person most knowledgeable, I (4) don't necessarily mean it in a legal sense or a legal (5) technical term. (6) What I'm asking you is, in your opinion, as far (7) as you know, are you the person most knowledgeable at (8) Sexauer about these categories or do you believe that (9) there are other people who would have more information (10) than yourself? (11) A. I believe I am the person most knowledgeable. (12) Q. Maybe we can shortcut this. If you could look (13) for me at the other categories continuing on to page 10 (14) and tell me if that is true for all of them. (is) MR. WALLACE: All of these to there (16) (indicating). (17) I'm going to interpose the same objection, and (18) if we can have that limitation as to those categories, (19) then I'll let him answer the question. (20) MR. BOSL: That's fine. (21) MR. WALLACE: Do you understand? He's just (22) asking for your personal opinion. (23) THE WITNESS: Yes. (24) BY MR. BOSL: (25) Q. Sir, did you look for any documents in response Page 61 to Page 64 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(17/75) (1) to this notice? (2) A. There is no documents. (3) Q. When you say there are no documents, there are (4) no documents in response to any of the categories in (5) the notice? (6) A. What are the categories? Prior to 1977? (7) Q. Yes. (8) A. As far as 1 know, there are no documents prior (9) to 1977. (10) Q. What do you base that statement on? What (11) information? (12) A. My knowledge of having been there. (13) Q. Why are there no documents prior to 1977? (14) A. We're a small company. Space availability at (15) the company going forward, to the best of my knowledge, (16) there was no place where documents were stored for 30 (17) years. (18) Q. How long does Sexauer generally keep documents? (19) A. Individual departments when they had filled (20) their file cabinets after one year or two years and (21) they needed more space and we were crowded for space, (22) the documents were thrown out. (23) Q. Is there a company policy with regards to that? (24) A. Not that 1 know of. (25) Q. So it was up to the individual who maintained Page 67 (D Q. You said that it was sold -- that was the first (2) time it was sold. So it was sold another time? (3) A. Yes. (4) Q. And how many times after that was it sold? (5) A. One other time. (6) Q. When was that? (7) A. Late 1999. (8) Q. Who was it sold to? (9) A. Wilmar Corporation, W-l-L-M-A-R. (10) Q. And Wilmar is now known as Interline; is that (11) correct? (12) A. That's correct.. (13) Q. When the company was sold in 1976, did (14) operations within Sexauer change at all? (15) A. No. (16) Q. Did the company continue to operate under the (17) name J. A. Sexauer? (18) A. That's correct. (19) Q. Was any notice sent to Sexauer's customers that (20) it had been purchased by another company? (21) A. Not that 1 know of. (22) Q. So a customer would have no reason to really (23) know that a change in ownership had taken place? (24) A. (Witness nodding head.) (25) Q. Is that true, also, in 1999 with the sale to Page 66 (D whatever file cabinet the document was in to decide (2) when to throw a document away? (3) A. Yes. (4) Q. Did you or anyone else actually search for (5) documents in response to this notice or any other (6) discovery in this case? (7) A. I did not search for documents. (8) Q. So you just assumed, based on the fact that (9) it's a small company and people generally throw (10) documents away after a time, that there were none? (ID A. And it has been sold. (12) Q. And it has been sold. (13) So you, yourself, did not search for any (14) documents; is that correct? (15) A. That's correct. (16) Q. Did anyone else search for documents within the (17) Sexauer organization? (18) A. Not that I know of. (19) Q. When you say that it was sold, you're referring (20) to Sexauer being sold; correct? (21) A. That's correct. (22) Q. When was Sexauer sold? (23) A. The first time in 1976. (24) Q. To whom was it sold? (25) A. Dyson-Kissner-Moran. Page 68 (1) Wilmar? (2) A. Wilmar may have made a public announcement of (3) the purchase of Sexauer. I'm not aware of it. (4) Q. After 1999, did thecompany continue tooperate (5) with the name J. A. Sexauer? (6) A. Yes. (7) Q. When you say "public notice,"was notice sent (8) directly to the customers? (9) A. Not that I know of. (10) Q. So, again, a customer wouldn't really have any (11) knowledge that it had changed ownership? (12) A. That's correct. (13) Q. And so, also, when we talk about the way that (14) Sexauer did business when you were discussing sales, in (is) particular, the way that Sexauer made sales, there was (16) no change to that in 1976 with the new owner shim? (17) A. No change in the method of sales. Very (18) successful method. (19) Q. Was there a change in products that were sold (20) in 1976? (21) A. There Was additional products added. (22) Q. As a result of the new ownership? (23) A. There was a continuous program to add new (24) products which was a method of growing the business, (25) but from 1976 there was more emphasis on growth. Prior Aiken & Welch Court Reporters 510-451-1580 Page 65 to Page 68 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(18/76| Page 69 (1) to 76, we were really kind of a small company, (2) satisfied with the size of the company, the products we (3) were selling and no emphasis -- not as much emphasis on (4) growing. (5) Q. And that emphasis came when Dyson bought the (6) company? (7) A. Yes. And they made an investment. (8) MR. WALLACE: You answered his question. (9) BY MR. BOSL: (10) Q. And who was the owner before Dyson purchased (11) the company? (12) A. The Sexauer family, privately owned family (13) business. (14) Q. Do you know why the Sexauer family sold the (is; business? (16) MR. WALLACE: If you know. Don't speculate. (17) THE WITNESS: No, I don't. (18) BY MR. BOSL: (19) Q. I want to go through a few of these categories (20) that I asked you about. (21) Do you know whether or not Sexauer's salesmen (22) in the Bay Area before 1976, Klopfel and Heinen, ever (23) visited the Louis V. Keller shop? (24) A. Not that I know of. (25) Q. Do you have any information either way? Page 71 (1) Q. Who would have that information? (2) A. What time period? (3) Q. Prior to 1976. (4) A. No one that 1 know of. (5) Q. And the only people that you think might have (6) had that information was Heinen and Klopfel? (7) A. It was my presumption. (8) Q. Was there a regional manager at that time for (9) the West Coast area? (10) A. John Contos. (ID Q. Do you know if he would have information about (12) specific customers within the San Francisco Bay Area at (13) that time? (14) A. 1 know he has no information. (15) Q. You asked him? (16) A. 1 asked him if he had records. He has no (17) records. (18) Q. Did you ask him if he has a memory of customers (19) within the Bay Area? (20) A. No, 1 didn't. (21) Q. Did Sexauer ever deliver directly to a (22) particular jobsite? (23) MR. WALLACE: At any time anywhere? (24) MR. BOSL: Prior to 1976 in the Bay Area. (25) THE WITNESS: Not that 1 know. Page 70 (1) A. No, I don't. (2) Q. Do you know if Sexauer sold to Keller? (3) A. No, I don't. (4) Q. You don't know if -- so you don't know if (5) Keller ever made an order with Sexauer? (6) A. I don't. (7) Q. Do you know whether or not Servadei Service (8) ever purchased from Sexauer? (9) A. Not that I know. (10) Q. And do you know if Siros Plumbing ever (11) purchased from Sexauer? (12) A. Not that I know. (13) Q. Do you have knowledge of any company in (14) San Francisco or any customer in San Francisco that (15) purchased from Sexauer? (16) A. No, I don't. (i 7) Q. Do you have knowledge of any customer of (18) Sexauer, generally speaking, anywhere? (19) MR. WALLACE: Anywhere, anytime? (20) MR. BOSL: Anywhere anytime. (21) THE WITNESS: Sure. (22) BY MR. BOSL: (23) Q. Do you have knowledge of any customers in the (24) San Francisco Bay Area? (25) A. No. Page 72 (1) BY MR. BOSL: (2) Q. Could a customer at that time call and say that (3) they wanted their product delivered to a particular (4) jobsite? (5) A. That was an option, to job ship. (6) Q. Would the jobsite have been reflected on any of (7) the purchase or sales documents at that time? (8) A. The purchaser would be the one that's reflected (9) in records, not the job ship. (10) Q. Where would the shipping information be (11) reflected? (12) A. Nowhere that I know of. (13) Q. So how would the person delivering the product (14) know where to deliver it? (15) A. When you say "the person delivering the (16) product," who do you mean? (17) Q. So the person at Sexauer - or Sexauer would (18) package the product and ship it directly to its final (19) destination; is that correct? (20) A. That's correct. (21) Q. How would the person at Sexauer who was (22) shipping the product know where to send it if the (23) customer wanted it sent to a jobsite? (24) A. He was instructed by the Sexauer salesman. (25) Q. And if-- but that information was not Page 69 to Page 72 510-451-1580 Aiken & Welch Court Reporters BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(19/77| Page 73 (1) reflected on any record at Sexauer headquarters? (2) A. No. (3) Q. And if the customer placed the order through (4) the catalog and the toll free number, how would that (5) information be conveyed to the shipping department? (6) A. The customer would order it under his customer (7) order number which would show up with the billing (8) address, but the customer can change the ship to (9) address at any time. (10) Q. Now, you say customer order number. Did (11) various customers have accounts with Sexauer? (12) A. Every customer had their own account number. I (13) didn't say order number. I said account number. (14) Q. And that was true whether they ordered through (15) a salesman or through a catalog? (16) A. Yes. (17) Q. Did you perform any search to find out if any (18) of the employers or contractors listed in this notice (19) had an account number with Sexauer prior to 1976? (20) A. No such records exist. (21) Q. Do any of these companies,whether contractors (22) or employers, have accounts with Sexauer today, to your (23) knowledge? (24) A. I have no knowledge of that. (25) Q. How were these account numbers kept prior to Page 75 (1) and 20? I'm sorry. I'm looking at the wrong document. (2) MR. WALLACE: It's not A. (3) MR. BOSL: No. It is in A. It's on page 6 (4) through page 7. (5) THE WITNESS: May I hear thequestion again. (6) (Record read by the Reporter.) (7) MR. BOSL: The pages should be 6 and 7. I'm (8) sorry. (9) MR. WALLACE: Let's agree thatthe question can (10) be amended to reflect pages 6 and 7 so the witness is (11) not confused. (12) MR. BOSL: That's correct. (13) MR. WALLACE: He's asking you about these sites (14) (indicating), okay, 1 through 39. (15) MR. BOSL: I'm sorry. 1 through 43. (16) THE WITNESS: 43. (17) MR. WALLACE: 1 through 43. Sorry. Okay? (18) THE WITNESS: And the question is...? (19) BY MR. BOSL: (20) Q. Do you have knowledge of whether or not Sexauer (21) sold products to any of these jobsites? (22) A. No, I don't. (23) MR. WALLACE: Just so we're clear, you're not (24) expecting that Sexauer would sell to a jobsite; you (25) mean that Sexauer would sell and have the product Page 74 (1) 1976? Was there a computer database, I imagine? (2) A. I imagine there was a computer database. (3) MR. WALLACE: I don't want you speculating. If (4) you know, tell him what you know. If you don't know, (5) so state. Okay? (6) THE WITNESS: I don't know. (7) BY MR. BOSL: (8) Q. You didn't have reason to deal with specific (9) customer orders in any of your positions? (10) A. No. (11) Q. Were there files that would reflect the (12) customer order -- I'm sorry -- the customer account (13) number? (14) MR. WALLACE: If you know. (15) THE WITNESS: Not that I know of. (16) BY MR. BOSL: (17) Q. Did customers have any means of buying on (18) credit with Sexauer? (19) A. If they paid their previously bills, an order (20) would be shipped out, if that's what you call buying on (21) credit. It would be shipped and billed and hopefully (22) paid in proper time. (23) Q. And so you don't have any knowledge whether or (24) not Sexauer shipped to, directing your attention to the (25) notice, any of these work sites listed on pages 18, 19 (1) shipped to that jobsite? Is that what you mean? (2) MR. BOSL: That's right. (3) BY MR. BOSL: (4) Q. Did Sexauer ship any products to these work (5) sites? (6) MR. WALLACE: If you know. (7) THE WITNESS: Not that I know. (8) BY MR. BOSL: (9) Q. Let's back up, then. (10) Did Sexauer at any time become aware that (11) asbestos was a hazardous product or material? (12) A. Yes, sir. (13) Q. When was that? (U) A. In the late '70s. (is) Q. How did Sexauer become aware of that? (16) A. Through general media stories about asbestos (17) insulation and the employees at the Louisville (18) warehouse brought the subject up to the management (19) there. (20) Q. What did the employees say regarding the (21) hazards of asbestos? (22) A. I don't know the nature of what was said. (23) Q. Were you involved in any discussions within (24) Sexauer about the asbestos hazards in the late '70s? (25) A. Yes. Page 76 Aiken & Welch Court Reporters 510-451-1580 Page 73 to Page 76 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(20/78) Page 77 (1) Q. What were the nature of those discussions? (2) A. That we would refer that question to the (3) vendors from which we bought the products. (4) Q. Did Sexauer ask the various vendors (5) regarding - (6) A. Sexauer wrote letters to the various vendors (7) that they bought asbestos-related products. (8) Q. And what did those letters say? (9) MR. WALLACE: If you recall. ' (10) THE WITNESS: I don't recall the exact wordage (11) of what the letter said. (12) BY MR. BOSL: (13) Q. What was the nature of the letter? (14) A. Proposing the complaint that came from the (15) Louisville plant as to the product. (16) Q. And that complaint was that they contained -- (17) A. The concern whether these products were (18) health-related. - (19) Q. Did the vendors respond to those letters? (20) A. Yes, they did. (21) Q. And how did they respond? (22) A. They gave various responses, but the response (23) was that asbestos-related products contained chrysotile (24) asbestos which was encapsulated and in no way would (25) that affect the health. Page 79 (1) Q. You don't recall any specific vendor's (2) response? (3) A. Not that 1 recall. (4) Q. So this was -- your answer is just the general (5) understanding that Sexauer took away from the body of (6) responses they received? (7) A. That's correct. (8) Q. So Sexauer did not consult any industrial (9) hygienist? (10) A. Not that 1 know. (11) Q. Or any medical personnel? (12) A. Not that 1 know. (13) Q. Did Sexauer consult any trade literature? (14) A. Not that 1 know. (15) Q. So the only action that Sexauer took in (16) response to a concern about asbestos hazards was to (17) send letters to the various vendors? (18) A. And rely on their answers. (19) Q. At any time prior to 1977, did you see warnings (20) regarding asbestos on any of the products that Sexauer (21) sold? (22) A. No, 1 did not. (23) Q. And Sexauer did not place any warnings on those (24) products? (25) A. No, it did not. Page 78 (1) MR. WALLACE: Are you finished? (2) THE WITNESS: Yes. (3) MR. WALLACE: Counsel, can we agree that in the (4) witness' answer as just stated, his use of the (5) word our, O-U-R, was referencing the response from (6) suppliers as opposed to "our" meaning Sexauer? (7) MR. BOSL: I'm sorry. Maybe if you can read (8) the question back, please -- the answer, rather. (9) (Record read by the Reporter.) (10) MR. WALLACE: I'll stipulate that the answer (11) as read is fine. Nevermind. (12) BY MR. BOSL: (13) Q. Whose health did they say it would not affect? (14) A. They didn't specify whose health, butI(15) Q. They said it wasn't dangerous tohuman health, (16) though? (17) A. That's correct. (is) Q. Did Sexauer perform any investigations beyond (19) sending these letters to the vendors? (20) A. Not that I know. (21) Q. Do you recall specifically if Garlock's (22) response to your letter was that the products contained (23) chrysotile that was encapsulated and not dangerous to (24) human health? (25) A. No, not that I recall. Page 80 (1) May I get a drink of water? (2) MR. WALLACE: Can we go off the record for a (3) second. (4) MR. BOSL: Sure. (5) (Off the record.) (6) MR. WALLACE: Back on the record. (7) We've had a discussion, myself and counsel for (8) plaintiff, off the record and if I understand, you (9) think about 35, 30, 35 minutes more? (10) MR. BOSL: Somewhere around there. (11) MR. WALLACE: So we're going to continue even (12) though it's ten after 12:00 and lunch hour. We're (13) going to continue and try and conclude the deposition. (14) BY MR. BOSL: (15) Q. Sir, before we broke, we were talking about the (16) late '70s when Sexauer became aware that there were (17) some dangers relating to asbestos due to the concerns (18) of the Louisville workers. (19) When you got the response from the various (20) vendors, did you ask them what "encapsulation" meant? (21) A. No. I just presumed that asbestos fiber was (22) not floating free in the air. (23) Q. That was just based on your understanding of (24) the word "encapsulation"? (25) A. Encapsulation. Page 77 to Page 80 510-451-1580 Aiken & Welch Court Reporters bsa_______________ _____________________ Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 xmax(2i/79) (1) Q. You mentioned that they told you that their (2) products contained chrysotile asbestos. (3) Do you have an understanding that there are (4) different types of asbestos? (5) A. I understand that there is other asbestos. (6) Q. Do you know what those other types are? (7) A. No, I do not. (8) Q. Are you aware one way or the other if the (9) different types of asbestos are more hazardous to (10) health than other types? (11) A. No, I do not know that. (12) Q. So you don't know whether or not chrysotile is (13) more dangerous or less dangerous than other types of (14) asbestos? (15) A. I have no way of comparing it. (16) Q. The representation that the vendors gave you (17) was that it was chrysotile. Did you do anything to (18) inquire of them what that meant? (19) A. No, I did not. (20) Q. How did you come to learn that there are (21) different types of asbestos? (22) A. In reading the interrogatories and soon. (23) Q. So you learned that after the late 70s and (24) after these discussions took place? (25) A. Yes. Page 81 Page 83 (1) sticks out. (2) BY MR. BOSL: (3) Q. Do you have any reason to dispute - I'm going (4) to represent to you that Mr. Duffy testified that he, (5) when he worked for Keller, purchased asbestos packing (6) and wicking and lead joint runners from Sexauer. (7) Do you have any reason to dispute that? (8) MR. WALLACE: Objection. The question is (9) compound, overbroad, vague. (10) THE WITNESS: I don't know that --1 have no (11) records to show me that they bought that. (12) BY MR. BOSL: (13) Q. Sir, did Sexauer, prior to 1977, sell (14) asbestos-containing lead runners, joint runners? (15) A. Yes, sir. I believe that was our product. (16) Q. Do you recall where Sexauer purchased those (17) products from? (18) A. No, I do not. It was not a very popular or (19) used item. (20) Q. Do you know what a lead runner is used for? (21) A. I've been told it was used in soil pipe that's (22) put together. It's a pipe that is not copper or brass (23) or plastic that is threaded to join two pipes. But to (24) seal the joint, they tell me that the lead runner is (25) put around the place where the two pipes meet and then Page 82 (1) Q. So there was no discussion among yourself and (2) your other colleagues within Sexauer regarding the fact (3) that these products contained chrysotile? (4) A. No. (5) Q. And so just to recap, Sexauer -- you or anyone (6) else at Sexauer, to your knowledge, did no other (7) reading in types of books or anything else regarding (8) the hazards of asbestos? (9) A. Not that 1 know. (10) Q. Now, you mentioned that you read Mr. Duffy's (ID deposition testimony. Do you recall what products he (12) said that he and Louis V. Keller generally purchased (13) from Sexauer? (14) A. No, 1 don't. (15) Q. Do you recall that he testified that Sexauer -- (16) I'm sorry -- that Keller purchased packing, asbestos (17) packing from Sexauer? (18) A. 1 don't recall that. (19) Q. When you read Mr. Duffy's deposition testimony, (20) was there anything that he testified about Sexauer that (21) you dispute? (22) MR. WALLACE: Do you understand his question? (23) THE WITNESS: 1 don't have committed to memory (24) what he testified about Sexauer. He made -- it was a (25) pretty thick document, and 1 don't recall anything that Page 84 (i) molten lead is poured into it. And that seals the (2) joint. (3) Q. Do you know where on the lead runner the (4) asbestos was? (5) A. No, 1 do not. (6) Q. Sir, is Sexauer in possession today of any (7) catalogs from the 1960s or 70s? (8) MR. WALLACE: If you know. (9) THE WITNESS: Not that 1 know. Not that 1 (10) know. (11) BY MR. BOSL: (12) Q. Did you look for any catalogs? (13) A. There's no place to look. (14) Q. What do you mean by "there's no place to look"? (15) A. There's no one at the Sexauer building that (16) would have that knowledge, if there were catalogs (17) available. (18) Q. Did you ask? (19) A. Yes, 1 did. (20) Q. Who did you ask? (21) A. 1 asked Rick Coulter. (22) Q. What is Mr. Coulter's position at Sexauer? (23) A. 1 don't have his title, but 1 know he worked on (24) catalogs in previous years. (25) Q. Do you recall what year he started at Sexauer? Aiken & Welch Court Reporters 510-451-1580 Page 81 to Page 84 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(22/80) (1) A. No, 1 don't. (2) Q. Do you recall what decade? (3) A. In the '60s or early 70s. (4) Q. And you asked Mr. Coulter whether or not (5) Sexauer has catalogs from the 1960s or 70s? (6) A. Yes. (7) Q. And his answer was not that he did not know? (8) A. He did not have them. (9) Q. He did not have them. (10) I'd like to attach - 1 believe it's Exhibit G. (ID (Plaintiffs' Exhibit G (12) marked for Identification.) (13) BY MR. BOSL: (14) Q. For the record, these are J. A. Sexauer's First (15) Amended Responses to Plaintiffs' Interrogatories, Set (16) One, in the Amy Hogan case. (17) MR. WALLACE: Go ahead. (18) BY MR. BOSL: (19) Q. Sir, have you seen these before? (20) A. Yes, 1 have. (21) Q. When did you first see them? (22) A. The past month or six weeks ago. (23) Q. Did you read all of the responses in them? (24) A. Yes, 1 did. (25) Q. 1 want to turn your attention to page 26. It Page 85 Page 87 (1) you didn't talk to anyone prior to reviewing these (2) responses to get information? (3) MR. WALLACE: Objection. Assumes facts not in (4) evidence. (5) THE WITNESS: I don't want to make that general (6) statement without seeing the different questions. I (7) may have spoken to somebody on a question here and I (8) don't have them committed to memory. (9) BY MR. BOSL: (10) Q. Well, let me ask this globally. We talked (11) before about the various individuals that you asked and (12) talked to approximately a month ago. (13) Have you talked to anyone else during this (14) case, other than counsel, about the facts in this case? (15) A. No. (16) Q. And so any conversations that you might have (17) had with someone regarding the various answers in here, (is) in these responses, would have been during those (19) conversations that you had previously, that you talked (20) about previously? (21) A. Yes. (22) Q. Let me ask you,who is Mr., looking at page 5, (23) Tom Tossavaimen, Tossavaimen? (24) A. Did you say page 5? (25) Q. Yes. Page 86 (1) looks like there are two pages 26. So the second one. (2) Sir, is that your signature? (3) A. Yes, it is. (4) Q. It says here that you have read the foregoing (5) documents and you are informed and believe and on that (6) ground allege that the matters stated in it are true. (7) Did I read that right? (8) A. Yes. (9) Q. On what information did you base your responses (10) or your statement here? (11) MR. WALLACE: I'm going to object to the (12) question as vague and ambiguous. He says he's informed (13) and believed. That doesn't necessarily mean that he's (14) based it on information. He's informed and believed is (is) a legal term of art. So to the extent your question (16) tries to incorporate that in the manner in which it (17) did, it's vague. (18) You can answer it, if you understand it. (is) THE WITNESS: Ask it again, please. (20) BY MR. BOSL: (21) Q. Let's say it this way: On what basis did you (22) allege that the matters within these interrogatory (23) responses are true? (24) a. On the basis of my knowledge of the question. (25) Q. So you didn't talk to anyone or read -- well, (D A. He is a person that 1 do not personally know, (2) but in inquiring if (3) MR. WALLACE: You've answered his question. (4) BY MR. BOSL: (5) Q. Did you ask anyone who he is? (6) A. 1 didn't ask the question who he is. 1 asked (7) another question that that name was given to me. (8) Q. And what question did you ask? (9) A. Who would be the custodian of records at (10) Enterline brand. (11) Q. Does Interline Brands have an office in (12) Jacksonville, Florida? (13) A. 1 believe that's their headquarters. (14) Q. Is that the headquarters for J. A. Sexauer (15) today? (16) A. No. (17) Q. So J. A. Sexauer runs separately from Interline (18) Brands? (19) A. 1 believe so. (20) Q. So you have no personal knowledge of who (21) Mr. Takes 78 might not is (22) A. No, 1 don't. (23) Q. -- or his position within Interline Brands? (24) A. No, 1 don't. (25) Q. And then, finally, turning to what we're going Page 88 Page 85 to Page 88 510-451-1580 Aiken & Welch Court Reporters bsaHogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 Page 89 (1) to mark as Exhibit H. (2) (Plaintiffs' Exhibit H (3) marked for Identification.) (4) BY MR. BOSL: (5) Q. Have you seen this document before, J. A. (6) Sexauer manufacturing company, Inc.'S response to (7) plaintiffs first set of deed dent interrogatories? (8) A. Yes, 1 have. (9) Q. When was the first time that you saw these? (10) A. Four to six weeks ago. (11) Q. And you read all of the responses therein? (12) A. Yes, 1 have. (13) Q. Same basic question: Going to page 30 (14) MR. WALLACE: Give us a second, Counsel. (15) MR. BOSL: Sure. (16) BY MR. BOSL: (17) Q. Is that your signature there? (18) A. Yes, it is. (19) Q. In reviewing these responses, did you have any (20) conversations with any individuals other than what (21) we've already discussed? (22) A. I'd like to look at them before 1 can answer (23) that. (24) Q. That's fine. (25) A. Because it covers everything that's in there. xmax(23/si) Page 91 (i) about asbestos products that they sold? (2) A. Not that 1 know of. (3) Q. Did Sexauer ever discontinue selling asbestos (4) products? (5) A. As the manufacturer that we bought from, (6) substituted other material for asbestos, the answer is (7) yes. (8) Q. To your knowledge, does Sexauer sell (9) asbestos-containing products today? (10) MR. WALLACE: If you know. Don't speculate. (11) THE WITNESS: Not that 1 know. (12) BY MR. BOSL: (13) Q. To your knowledge, did Sexauer sell (14) asbestos-containing products in 2000 when you retired? (15) A. Not that 1 know. (16) Q. 1 think we're just about done here. (17) Did Sexauer ever sell transite pipe? (18) A. No. (19) Q. Did Sexauer ever sell sewer pipe? (20) A. No. (21) Q. Did Sexauer ever sell electrical pipe? (22) A. No. (23) Q. Did Sexauer ever sell flue pipe? (24) A. No. (25) Q. Did Sexauer ever sell pipe insulation? Page 90 (1) Can 1 make a notation? (2) MR. WALLACE: No. (3) THE WITNESS: Could you repeat the question? (4) (Record read by the Reporter.) (5) THE WITNESS: The fact that this says what (6) we've already discussed covers interrogatory 25 where (7) Tom Tossavaimen came up. So it would be the same (8) answer. (9) Interrogatory No. 36 1 discussed with my (10) counsel as to the captions and case numbers. (11) And interrogatory 53, 1 discussed that with (12) counsel. (13) MR. WALLACE: He's not asking you about (14) conversations with counsel. He's just asking you if (15) you talked to anybody else. (16) MR. BOSL: Right. (17) THE WITNESS: No, 1 have not. (18) BY MR. BOSL: (19) Q. And you made a comment, when reviewing it, that (20) you needed to make a notation. What was that comment (21) you were thinking of? (22) A. The comment was these are interrogatories that (23) 1 just mentioned. 1 didn't want to commit them to (24) memory. (25) Q. Did Sexauer ever begin warning its customers Page 92 (1) A. No. (2) Q. Did Sexauer ever sell block insulation? (3) A. No. (4) Q. Did Sexauer ever sell 85 percent magnesium (5) insulation? (6) A. No. (7) Q. Did Sexauer ever sell calcium silicate (8) insulation? (9) A. No. (10) Q. Did Sexauer ever sell any insulation products? (11) A. No. (12) Q. Did Sexauer ever sell cement products? (13) A. No. (14) Q. Did Sexauer ever sell duct insulation? (15) A. No. (16) Q. Did Sexauer ever sell drywall products? (17) A. No. (18) Q. Was Sexauer a member of any professional or (19) trade organization during the 1960s and 70s? (20) A. No. (21) Q. Was Sexauer a member of the national safety (22) counsel? (23) A. No. (24) MR. BOSL: Sir, 1 think that's all 1 have for (25) you today. 1 thank you for your time. Aiken & Welch Court Reporters 510-451-1580 Page 89 to Page 92 BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(24/82) Page 93 (1) THE WITNESS: Thank you for your courtesies. (2) MR. WALLACE: Any other counsel? (3) MR. WILSON: I have no questions. (4) MR. WALLACE: Hearing no questions, that will (5) conclude. (6) With respect to signing, can we have a (7) stipulation that the witness can sign off on the (8) deposition outside the presence of a notary? (9) MR. BOSL: That's fine. (10) MR. WALLACE: That the witness can sign off on (11) a copy? (12) MR. BOSL: Yes. (13) MR. WALLACE: And provide any necessary changes (14) through counsel to the reporter? (15) MR. BOSL: Yes. That's fine. (16) MR. WALLACE: To be included with the original? (17) MR. BOSL: Yes. That's fine. (18) MR. WALLACE: Okay. (19) MR. BOSL: And the other other thing that I (20) would state is a reminder that I had asked earlier in (21) the deposition for copies of the prior deposition (22) transcripts. (23) MR. WALLACE: So noted. And Ms. Portillo is (24) going to be addressing that when we return to the (25) office. Otherwise, the deposition is concluded. Page 95 (1) STATE OF CALIFORNIA ) (2) ) (3) COUNTY OF ALAMEDA ) (4) (5) I, DENISE M. LOMBARDO, do hereby certify: (6) That CARMELO SBEZZI, in the foregoing deposition (7) named, was present and by me sworn as a witness in the (8) above-entitled action at the time and place therein (9) specified; (10) That said deposition was taken before me at said (11) time and place, and was taken down in shorthand by me, (12) a Certified Shorthand Reporter of the State of (13) California, and was thereafter transcribed into (14) typewriting, and that the foregoing transcript (15) constitutes a full, true and correct report of said (16) deposition and of the proceedings that took place; (17) IN WITNESS WHEREOF, I have hereunder subscribed my (18) hand this Aday of October 2006. (19) (20) (21) (22) (23) ___________________ DENISE M. LOMBARDO, CSR No. 5419 (24) State of California (25) (1) (Whereupon, the deposition was concluded (2) at 12:41 p.m.) (3) (4) (5) (5) (7) _________________________ SIGNATURE OF WITNESS (8) (9) (10) (11) (12) (13) (14) (15) (16) . (17) (18) (19) (20) (21) (22) (23) (24) (25) Page 94 Page 93 to Page 95 510-451-1580 Aiken & Welch Court Reporters BSA Concordance Report Unique Words: 1,256 Total Occurrences: 5,049 Noise Words: 384 Total Words In File: 14,404 Single File Concordance Case Insensitive Noise Word List(s): NOISE.NOI Cover Pages = 0 Includes ALL Text Occurrences Dates ON Includes Pure Numbers Possessive Forms ON ** n** 006799 [1] 56:25 06905 [1] 5:23 ** A ** 1 [3] 75:14, 15, 17 10 [3] 17:9; 40:11:64:13 10591 [1] 7:2 110 [2] 36:16, 18 11th [1] 4:22 12 [3] 32:16; 61:8, 12 12:00 [1] 80:12 12:41 [1] 94:2 12th [2] 4:6, 18 15 [1] 32:15 171 [2] 4:6, 18 18 [2] 1:20; 74:25 1800 [1] 5:2 18th [1] 4:4 19 [2] 40:2; 74:25 1901 [1] 4:21 1958 [3] 12:16; 13:6, 17 1960 [1] 14:9 Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(1/83) 1960s [3] 84:7; 85:5; 92:19 1961 [2] 15:11, 17 1963 [5] 16:25; 17:4; 24:22; 27:25; 57:1 1964 [1] 56:22 1965 [1] 34:6 1966 [2] 44:5, 7 1968 [3] 17:24:25:2,25 1970 [1] 34:6 1973 [3] 18:4; 22:22; 25:8 1976 [19] 23:6; 25:11, 15, 16; 26:3; 32:6; 33:8; 34:3; 62:19; 66:23; 67:13; 68:16, 20, 25; 69:22; 71:3, 24; 73:19; 74:1 1977 [5] 65:6, 9, 13; 79:19; 83:13 1982 [14] 23:18, 19, 20, 25; 25:12; 26:11, 12, 13; 27:12, 25; 28:10, 12,20, 24 1983 [1] 35:14 1998 [1] 8:17 1999 [3] 67:7, 25; 68:4 300 [2] 4:7, 18 33411 [1] 6:22 35 [2] 80:9 36 [1] 90:9 ' 37 [1] 27:21 39 [1] 75:14 **^** 4154680 [1] 1:6 43 [3] 75:15, 16, 17 4p [1] 7:2 Oit it E it it 5 [2] 87:22, 24 53 [1] 90:11 5419 [2] 1:19; 95:23 55 [1] 5:7 550 [1] 5:17 ** g** **2** 2 [1] 2:18 20 [2] 32:13; 75:1 2000 [4] 27:16, 20; 28:10; 91:14 2002 [2] 9:13; 44:11 2006 [4] 1:20; 2:18; 4:4; 95:18 222 [1] 7:1 24 [1] 11:14 25 [1] 90:6 26 [2] 85:25; 86:1 29 [1] 2:23 2nd [1] 6:13 * * oO * * 30 [4] 15:25; 65:16; 80:9; 89:13 6 [3] 75:3, 7, 10 600 [2] 5:7; 38:12 60s [2] 7:11; 85:3 61 [1] 15:12 62 [1] 15:11 63 [2] 18:15; 19:3 6780 [1] 41:8 6796 [1] 41:8 68 [2] 18:19; 19:2 6805 [1] 56:25 6839 [1] 56:25 6840 [2] 56:25; 60:3 6902 [2] 56:25; 57:5 ** 7** 7 [3] 75:4, 7, 10 70s [16] 20:3; 21:16; 22:4, 11,17; 23:8, 13; 40:2; 76:14, 24; 80:16; 81:23; 84:7; 85:3, 5; 92:19 73 [10] 18:15, 19; 19:2, 3, 17, 18, 20; 21:14; 32:18 76 [5] 25:9, 10; 32:19,20; 69:1 7792 [1] 6:21 78 [1] 88:21 ** g** 8 [1] 63:7 80 [1] 5:22 800 [1] 30:18 80s [1] 51:12 85 [1] 92:4 8th [1] 5:17 Q 90s [1] 51:13 94105 [1] 5:12 94111 [2] 5:3, 18 94133 [1] 5:8 94607 [1] 4:19 94612 [1] 4:22 9:58 [1] 4:5 * * A** a.m. [i] 4:5 ability [2] 11:21; 55:17 able [1] 46:24 above-entitled [1] 95:8 abrams [2] 4:5, 17 accept [1] 40:7 accommodate [i] 11:10 according [1] 36:15 account [6] 38:25; 73:12, 13, 19, 25; 74:12 accounting [1] 44:8 accounts [2] 73:11,22 accurate [4] 10:18, 25; 11:21; 38:17 accurately [1] 12:4 achieved [1] 12:7 acid [1] 7:18 action [3] 4:10; 79:15; 95:8 actual [2] 14:5, 6 add [2] 38:24; 68:23 added [1] 68:21 additional [1] 68:21 address [4] 6:20, 24; 73:8, 9 addressing [1] 93:24 advice [1] 38:14 advise [10] 36:23; 37:5, 8, 11, 18, 20,24; 38:9, 23, 24 advising [1] 38:14 affect [5] 11:15, 19, 21; 77:25; 78:13 age [1] 37:13 agree [2] 75:9; 78:3 agreeing [1] 39:23 air [1] 80:22 a! [1] 1:7 alameda [2] 1:2; 95:3 alaska [i] 31:14 alcoa [i] 1:7 alcohol [i] 11:24 aldridge [1] 5:11 alive [3] 33:13, 17; 47:3 allege [2] From 006799 to allege BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX{2/84 86:6, 22 16:18, 22; 83:14; 91:9, 14 allotted [i] 39:15 allowed [i] asbestos-related [3] 8:19;77:7,23 asking [10] 11:4 21:13, 20; 30:4; 32:8; 49:22; ambiguous [3] 64:6, 22; 75:13; 90:13, 14 37:1; 38:5; 86:12 assist [4] amended [3] 24:7; 26:23; 37:7; 38:19 2:24; 75:10; 85:15 assistance [1] america [4] 36:5 31:4,5,6 assistant [13] amy [2] 14:15; 15:14, 23; 17:2, 7, 12, 1:4; 85:16 22; 18:16; 24:22; 25:25; 27:9, ana [1] 24; 50:13 5:6 assistants [i] angeles [i] 17:15 52:16 assisted [i] announcement [1] 26:20 68:2 associate [i] answer [19] 61:3 10:7,9; 11:11; 30:12, 16; 37:3; assume [2] 42:15; 49:23; 61:8; 64:19; 18:12; 31:22 78:4, 8, 10; 79:4; 85:7; 86:18; assumed [1] 89:22; 90:8; 91:6 66:8 answered [3] assumes [1] 55:20; 69:8; 88:3 87:3 answers [7] attach [i] 10:11, 18, 25; 29:8; 48:6; 85:10 79:18; 87:17 attached [i] anybody [1] 6:9 90:15 attend [1] anyplace [1] 12:13 55:11 attention [2] anytime [2] 74:24; 85:25 70:19, 20 attorney [5] anywhere [5] 9:7, 25; 38:21; 43:11; 54:18 24:10; 70:18, 19, 20; 71:23 attorneys [2] apartment [1] 8:12; 43:6 7:2 availability [1] appeared [8] 65:14 4:9, 19, 22; 5:3, 8, 13, 18, 23 available [6] applies [1] 36:16; 42:13; 54:11; 55:10; 60:10 56:3; 84:17 appropriate [2] avenue [3] 38:2; 63:22 7:1; 17:9; 40:11 approximately [15] aware [5] 13:18; 14:9; 23:6; 25:2; 26:11; 68:3; 76:10, 15; 80:16; 81:8 34:6; 35:19; 42:1; 45:20, 24; 47:7; 51:4, 6; 63:11; 87:12 ** B** area [25] 33:4, 16; 43:21; 44:18; 45:12; 46:8,9, 11, 15, 20; 48:16; 49:18; 52:11, 16; 53:1; 54:1,2, 7; 59:16; 69:22; 70:24; 71:9, 12, 19, 24 art [1] 86:15 asbestos [28] 9:14; 57:7; 58:19, 22; 60:4, 12; 76:11, 16, 21,24; 77:24; 79:16, 20; 80:17, 21; 81:2, 4, 5, 9, 14, 21; 82:8, 16; 83:5; 84:4; 91:1, 3, 6 asbestos-containing [5] b.a. [i] 12:9 b.s. [3] 12:9, 10, 11 bansal [1] 5:16 base [2] 65:10; 86:9 based [4] 52:6; 66:8; 80:23; 86:14 basic [2] 10:4; 89:13 basis [4] 11:16; 61:15; 86:21,24 bates [2] 21; 62:9, 13; 64:1,20, 24; calls [2] 36:3; 56:24 69:9, 18; 70:20, 22; 71:24; 50:1; 63:17 bay [19] 72:1; 74:7,16; 75:3, 7, 12, 15, capacity [i] 33:4, 16; 43:21; 44:18; 45:12; 19; 76:2, 3, 8; 77:12; 78:7, 12; 63:23 46:8, 9, 11, 15, 20; 52:11; 80:4, 10, 14; 83:2, 12; 84:11; captions [i] 53:1; 54:7; 59:16; 69:22; 85:13, 18; 86:20; 87:9; 88:4; 90:10 70:24; 71:12, 19, 24 89:4, 15, 16; 90:16, 18; 91:12; career [i] beach [2] 92:24; 93:9, 12, 15, 17, 19 27:22 6:22; 9:22 bought [6] carmelo [6] begins [i] 14:17; 69:5; 77:3, 7; 83:11; 1:13; 4:1, 9; 6:1,19; 95:6 41:7 91:5 carmichael [4] behalf [11] braided [1] 43:20; 46:16; 47:8, 14 4:19,23; 5:3, 8, 13, 18,23; 57:19 carry [2] 7:22,25;8:20; 9:16 brand [1] 53:25; 55:17 believe [18] 88:10 case [18] 7:11; 8:25; 22:22; 23:7, 18; branded [1] 6:8; 7:17, 19; 8:13, 18, 19; 9:2 26:18; 27:25; 33:9; 46:2; 62:10 . 14, 23; 10:1; 19:9; 42:10; 48:6 58:21; 63:22; 64:8, 11; 83:15; brands [5] 66:6; 85:16; 87:14; 90:10 85:10; 86:5; 88:13, 19 50:20, 22; 88:11, 18, 23 catalog [16] believed [2] brass [1] 2:19, 21; 35:2, 9; 37:10; 40:13 86:13, 14 83:22 16, 20, 24; 56:16, 18; 57:1, 15 believes [1] break [6] 62:14; 73:4, 15 63:23 11:9, 12; 26:16; 41:3; 54:15; catalogs [10] besides [3] 57:25 30:17; 35:16; 40:15, 17, 18; 43:6; 48:8, 9 broke [i] 84:7, 12, 16, 24; 85:5 bevins [1] 80:15 categories [7] 5:16 brown [1] 63:10; 64:8, 13, 18; 65:4, 6; bids [1] 4:21 69:19 13:22 building [3] cease [1] bigger [2] 29:6; 37:7; 84:15 44:9 51:17; 53:19 buildings [2] ceased [i] biggest [1] 53:12; 54:5 23:12 54:6 burnham [1] cement [i] billed [i] 4:21 92:12 74:21 business [6] center [1] billing [i] 51:16; 52:21; 68:14, 24; 69:13, 5:2 73:7 15 central [6] bills [1] buy [1] 21:25; 31:4, 5, 7, 8, 10 74:19 58:25 certified [2] bird [i] buying [2] 4:8; 95:12 5:11 74:17, 20 certify [1] bit [2] 15:10; 32:12 **Q** 95:5 chain [1] block [1] 92:2 body [1] 79:5 bonnington [1] 5:1 book [1] 62:12 books [2] 40:19; 82:7 bosl [102] 2:3; 4:16; 6:4, 8, 16; 7:15; 8:11; 11:20; 13:2; 16:14; 18:21,24; 19:3, 5, 12, 14; 21:14, 18; 22:3; 24:12, 19, 20; 25:19, 20; 29:16; 30:10, 20; 31:15; 32:19, 21,23; 34:19, 21; 35:1,7; 37:9; 38:20; 40:1; 41:11, 14, 15; 42:12, 20; 54:12, 20, 24; 55:21; 56:9, 13; 57:25; 58:1; 60:2, 23; 61:13, c-a-r-m-e-l-o [i] 6:19 c-o-n-t-o-s [i] 43:18 cabinet [i] 66:1 cabinets [i] 65:20 Cadillac [3] 55:4, 5, 13 calcium [1] 92:7 California [22] 1:1; 4:7, 18, 22; 5:3, 8, 12, 18; 22:5; 31:22; 32:7; 48:16; 49:10, 15, 24; 51:3; 52:3, 14; 54:9; 95:1, 13, 24 call [10] 34:9, 10; 37:5; 39:9, 11, 12, 19; 40:23; 72:2; 74:20 13:25 change [13] 15:15, 16; 18:1,6, 8; 24:2; 27:6; 67:14, 23; 68:16, 17, 19; 73:8 changed [i] 68:11 changes [2] 27:11; 93:13 characterize [2] 60:16; 63:5 charge [3] 13:21; 17:18; 28:1 charged [1] 55:12 Charles [i] 5:21 choose [i] 38:13 chrysotile [6] 77:23; 78:23; 81:2, 12, 17; From allotted to chrysotile BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX{3/85) 82:3 City [2] 15:25;29:17 clayton [1] 1:4 clear [6] 21:17; 24:18; 25:18; 36:10; 41:6; 75:23 client [1] 38:9 clint [2] 43:20; 46:16 CO [5] 2:13, 21; 3:3; 5:9, 24 coast [17] 22:1, 5, 18; 31:11,22; 32:1, 9, 10, 17; 40:4; 43:18, 19; 46:1; 51:24; 53:18; 71:9 colleagues [1] 82:2 college [8] 12:8, 14, 18, 21,23; 13:9, 10, 13 column [1] 36:4 combination [i] 31:14 commencing [1] 4:4 comment [4] 11:4; 90:19, 20, 22 commercially [i] 55:10 commission [1] 55:11 commissioned [12] 29:23; 30:1, 11,21,24; 31:21, 25; 34:8; 36:19; 39:8, 12, 15 commit [i] 90:23 committed [2] 82:23; 87:8 common [1] 37:6 companies [2] 15:5; 73:21 company [32] 2:15; 4:23; 5:4, 19; 7:22, 25; 8:2, 20; 14:12, 13; 15:7, 21; 27:10; 48:23; 51:17; 57:16; 58:20; 60:25; 65:14, 15, 23; 66:9; 67:13, 16, 20; 68:4; 69:1,2, 6, 11; 70:13; 89:6 compare [1] 59:20 compared [3] 54:11; 59:21; 60:17 comparing [i] 81:15 compete [3] 53:17, 21; 55:23 competition [1] 21:12 competitors [4] 54:7, 8, 10; 58:13 complaint [2] conversation [1] 70:14, 17; 72:2, 23; 73:3, 6, 8, 77:14, 16 44:22 10, 12; 74:9, 12 completeness [i] conversations [7] customers [20] 61:16 54:13, 14, 21; 87:16, 19; 21:3,6;29:25; 34:9; 40:15; component [i] 89:20; 90:14 50:8, 17, 19; 51:22; 53:7, 9, 28:5 conveyed [1] 11; 67:19; 68:8; 70:23; 71:12, compound [2] 73:5 18; 73:11; 74:17; 90:25 57:24; 83:9 computer [2] copies [3] 42:12; 43:4; 93:21 ** ** 74:1,2 copper [2] concentration [i] 14:17; 83:22 daily [1] 53:19 copy [2] 11:16 concern [2] 56:15; 93:11 dangerous [4] 77:17; 79:16 copyright [i] 78:15, 23; 81:13 concerns [1] 56:21 dangers [1] 80:17 copyrighted [1] 80:17 conclude [2] 35:13 database [2] 80:13; 93:5 corporation [1] 74:1,2 concluded [2] 67:9 date [i] 93:25; 94:1 corrections [2] 35:17 conclusion [2] 11:3 dated [i] 63:17, 24 coulter [2] 2:18 conduct [1] 84:21; 85:4 dates [1] 38:18 coulter's [i] 48:19 confused [i] 84:22 day [6] 75:11 counsel [19] 4:4; 27:17; 39:17, 19; 53:23; confusion [2] 9:5; 25:17; 42:12; 43:5; 48:8, 95:18 24:16; 38:6 9, 11; 54:16, 19; 78:3; 80:7; days [6] Connecticut [2] 87:14; 89:14; 90:10, 12, 14; 41:22, 23, 24; 42:2; 49:25; 5:22; 9:1 92.22; 93:2, 14 63:12 consider [i] counsel's [i] deal [1] 29:12 8:25 74:8 constitutes [1] country [4] decade [2] 95:15 18:18; 30:25; 53:25; 54:3 20:1; 85:2 consult [2] county [2] decide [i] 79:8, 13 1:2; 95:3 66:1 contact [5] court [2] dee [1] 40:21; 45:11, 19, 23; 47:16 1.1; 14:4 5:19 contacted [3] courtesies [i] deed [i] 44:25; 45:21; 47:14 93:1 89:7 contained [5] courtroom [3] defendant [8] 77:16, 23; 78:22; 81:2; 82:3 10:21; 14:5, 6 2:12, 15, 22; 4:23; 5:8, 13, 19, contents [1] cover [3] 23 35:12 54:3; 56:16, 17 defendants [2] context [i] covers [2] 1:8; 5:3 38:19 89:25; 90:6 degree [3] continue [7] cpslo [1] 12:7, 8, 21 10:8; 20:5, 21; 67:16; 68:4; 56:25 del [2] 80:11, 13 cpslo006791 [1] 52:5, 6 continuing [2] 36:3 deliver [2] 22:13; 64:13 credit [2] 71:21; 72:14 continuous [i] 74:18,21 delivered [i] 68:23 crowded [1] 72:3 contos [5] 65:21 delivering [2] 43:18; 46:21; 47:6; 48:2; 71:10 csr [2] 72:13, 15 contractor [3] 1:19; 95:23 deluca [1] 29:17,21:30:2 custodian [4] 5:22 contractors [8] 2:13, 16; 6:11; 88:9 denise [4] 29:3, 9, 10, 19; 53:13, 15; customer [42] 1:18; 4:8; 95:5, 23 73:18, 21 22:18; 28:15, 19; 30:18; 34:10, dent [i] contracts [2] 13, 17; 36:23; 37:6, 12,24; 89:7 16:4, 21 38:3, 5, 25; 39:1, 9; 40:12, 16, department [4] control [i] 18, 20; 53:22; 55:12; 57:21; 24:6; 29:5; 44:8; 73:5 38:25 58:2, 10, 14; 67:22; 68:10; departments [2] 26:19;65:19 depos [1] 42:13 deposed [2] 7:3; 10:4 deposition [40] 1:13; 2:12, 16, 17; 4:1; 6:13; 7:10, 16, 17; 8:15, 24; 9:4,11, 19, 21; 10:5; 11:1; 38:18; 42:3, 7, 18, 21,23; 43:2, 7; 48:6; 55:1; 63:18, 20; 80:13; 82:11, 19; 93:8, 21, 25; 94:1; 95:6, 10, 16 depositions [i] 42:8 described [1] 52:18 describing [1] 26:17 destination [1] 72:19 determine [1] 37:13 dieden [i] 3:4 difficult [4] 53:17,21:55:18,22 directed [i] 40:21 directing [2] 56:6; 74:24 director [23] 18:2, 3, 5, 16; 19:6; 22:23; 23:1,3, 12, 20; 25:5, 7, 11, 14, 21; 26:2; 27:3, 9, 24; 50:13, 24; 51:3 directors [1] 18:12 discontinue [1] 91:3 discovery [1] 66:6 discuss [8] 44:16; 45:10; 46:7; 50:6,8, 10; 53:9, 11 discussed [4] 89:21; 90:6, 9, 11 discussing [1] 68:14 discussion [2] 80:7; 82:1 discussions [3] 76:23; 77:1; 81:24 dispute [3] 82:21; 83:3, 7 distribute [4] 17:14; 28:23; 29:2, 9 distributed [6] 17:19; 21:4, 5; 28:2; 29:4; 30:17 distribution [1] 22:21 divide [i] 32:25 From city to divide BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(4/86 divided [3] 21:6, 22; 30:25 division [i] 43:18 document [9] 2:19; 41:17; 56:14; 61:17; 66:1,2; 75:1; 82:25; 89:5 documents [19] 2:17; 42:4, 6; 64:25; 65:2, 3,4, 8, 13, 16, 18, 22; 66:5, 7, 10, 14, 16; 72:7; 86:5 doesn't [3] 46:12; 61:19; 86:13 dozen [1] 32:24 drink [1] 80:1 drive [1] 6:21 drugs [1] 11:25 drywall [1] 92:16 duct [i] 92:14 due [i] 80:17 duffy [1] 83:4 duffy's [5] 42:17, 21; 54:25; 82:10, 19 duly [1] 4:10 dupont [1] 15:8 dyson [2] 69:5, 10 dyson-kissner-moran [1] 66:25 early [10] 20:3; 21:16; 22:4, 11, 17; 40:2; 48:22; 51:9, 11; 85:3 east [1] 53:17 economic [i] 37:15 edition [1] 2:21 education [2] 12:6, 20 effect [i] 10:20 effective [i] 37:15 electrical [i] 91:21 embarcadero [1] 5:2 embarrassment [1] 11:6 emergency [1] 39:18 emphasis [4] 68:25; 69:3, 5 emphasize [i] 54:4 employed m 23:13 employees [6] 43:10,12,22,25; 76:17,20 employers [2] 73:18,22 employment [i] 48:16 empty [2] 57:18; 59:1 encapsulated [2] 77:24; 78:23 encapsulation [3] 80:20, 24, 25 end [i] 11:1 ends [2] 41:7, 8 engineering [1] 5:19 enterline [i | 88:10 entitled [2] 2:19; 54:17 equipment [2] 14:24; 16:12 emest [2] 33:9, 24 ernie [3] 46:23; 49:13, 19 error [1] 42:19 estimate [3] 32:3, 16; 33:5 et [1] 1:7 eureka [5] 57:16, 19; 58:5, 21; 59:2 evidence [i] 87:4 ex-president [1] 43:13 exact [2] 37:14; 77:10 exactly [i] 23:9 examination [2] 2:3; 6:4 examined [i] 4:11 example [2] 29:18; 53:12 exhibit [18] 6:14; 34:23, 24; 35:4; 41:6,17; 56:9, 10, 11,24; 57:5; 60:20, 21; 63:7; 85:10, 11; 89:1,2 exhibits [1] 6:9 exist [1] 73:20 expand [2] 51:16; 53:14 expanding [1] 52:21 expecting [1] 75:24 expedite [3] 15:1; 16:4; 17:14 expediting [i] 16:22 expensive [1] 40:19 extent [3] 38:14; 63:17; 86:15 facilities [2] 29:24; 53:19 facility [3] 8:5; 29:4; 40:7 fact [3] 66:8; 82:2; 90:5 factory [1] 14:18 facts [2] 87:3, 14 fair [4] 51:13, 14; 54:22, 23 familiar [2] 56:17; 61:1 family [4] 6:8; 69:12, 14 farrise [2] 4:6, 17 faucet [i] 38:11 felt [2] 29:25; 34:11 fernandez [2] 4:6, 17 fiber [1] 80:21 field [2] 12:11; 50:15 file [2] 65:20; 66:1 files [i] 74:11 fin m 28:23 filled [1] 65:19 final [1] 72:18 finance [i] 44:8 find [2] 46:8; 73:17 fine [8] 24:19; 36:14; 64:20; 78:11; 89:24; 93:9, 15, 17 finish [4] 10:7, 8; 13:12; 49:22 2:22; 60:25; 61:1, 3, 23, 25; finished [2] 62:24 42:15; 78:1 garlock's m first [20] 78:21 2:24; 3:4; 4:10; 7:7, 9, 10; gave [4] 28:9; 29:2; 31:22; 35:8; 36:8; 47:8,12; 77:22; 81:16 41:20; 52:3; 61:18; 66:23; geographical [2] 67:1; 85:14, 21; 89:7, 9 21:7,9 fits [i] gin m 62:12 43:13 five [5] give [8] 17:23; 24:25; 25:1; 31:12; 41:2 10:17,25; 11:21; 27:1; 47:24; fixture [2] 55:13; 61:11; 89:14 39:1, 4 given [4] fixtures [2] 11:1; 38:15; 40:17; 88:7 28:6; 38:7 globally [i] flip [1] 87:10 36:2 goods [2] floating [i] 12:24; 14:8 80:22 gordon [1] floor [2] 4:16 4:22; 5:17 government [1] florida [3] 54:5 6:22; 9:22; 88:12 graduate [1] flue [1] 12:15 91:23 graphited [1] flushometers [1] 57:7 28:6 greater [1] follows [1] 54:1 6:3 greenwood [3] foregoing [3] 4:6, 16, 17 86:4; 95:6, 14 ground [2] forgot [1] 10:5; 86:6 14:2 group [1] former [1] 54:9 44:2 growing [2] forward [2] 68:24; 69:4 36:2; 65:15 growth [1] four [4] 68:25 33:5, 6; 49:5; 89:10 guess [6] fourth [1] 27:25; 28:18; 37:10, 22; 43:24 5:22 57:4 francisco [i 3] guida [1] 5:2, 7, 12, 18; 29:18; 49:16, 6:21 18, 20; 70:14, 24; 71:12 gypsum [i] frank [3] 5:4 43:14, 16; 44:21 franklin [1] * * |_| * * 5:16 free [2] 73:4; 80:22 front [3] 10:21; 11:5; 35:2 full [8] 6:17; 10:20; 11:22; 13:4, 16, 17, 20; 95:15 fully [i] 12:4 functions [3] 26:24, 25; 27:11 **Q** h-e-i-n-e-n [1] 33:9 hadn't [1] 47:2 half [2] 6:22, 23 hamilton [2] 17:9; 40:11 hand [3] 34:22; 60:3; 95:18 hang [2] 30:12; 35:3 harrison [1] 4:21 garlock [7] hassard [1] From divided to hassard BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(5/87) 5:1 honest [2] 27:7 involved [1] 74:23; 75:20; 82:6; 84:16; hawaii [i] 10:18, 25 incorporate [1] 76:23 86:24; 88:20; 91:8, 13 3-1:14 honor [1] 86:16 item [2] knowledgeable [9] hazardous [2] 54:23 indicating [2] 62:11; 83:19 2:13, 16; 6:11; 63:9, 14, 19; 76:11; 81:9 hazards [4] hope [1] 15:19 64:16; 75:14 individual [4] **j** 64:3, 7,11 76:21,24; 79:16; 82:8 he'll [2] 37:13, 18 he's [11] 21:19; 30:4; 42:17; 63:21; 64:21; 75:13; 86:12, 13, 14; 90:13, 14 head [10] 10:12; 25:3; 26:4; 39:7; 40:10; 43:23; 44:8; 55:2; 67:24 headquarters [8] 31:16, 18; 39:13; 40:7,24; 73:1; 88:13, 14 health [6] 77:25; 78:13, 14, 15, 24; 81:10 health-related [1] 77:18 hear [2] 50:16; 75:5 heard [2] 47:2, 11 hearing [1] 93:4 heinen [12] 33:9, 13, 21; 46:22; 47:10, 19; 48:3; 49:13, 17, 20; 69:22; 71:6 held [7] 24:17; 25:7, 12, 22, 25; 26:3; 48:23 help [3] 36:17; 38:19; 46:24 helpful [1] 24:15 helps [1] 18:11 hereby [1] 95:5 hereunder [1] 95:17 high [3] 12:17; 13:13, 14 higher [2] 55:6, 11 highest [i] 12:6 hire [1] 27:1 hiring [2] 24:7; 26:20 history [1] 19:10 hogan [4] 1:4; 6:8; 85:16 hold [3] 24:24; 26:9; 27:13 home [5] 14:20; 15:25; 17:9, 16; 40:9 hopefully [1] 74:21 hospitals [3] 53:12, 20; 54:4 hotels [i] 53:20 hour [3] 4:4; 41:2; 80:12 hours [2] 11:15; 41:22 house [7] 53:22; 54:2, 9; 55:9, 23; 56:4, 5 houses [1] 53:16 hudson [1] 15:25 human [2] 78:15,24 hurwitz [1] 5:1 hygienist [1] 79:9 ** |** i'd [5] 33:5; 45:9; 54:20; 85:10; 89:22 i've [2] 6:9; 83:21 i-n-a-n-a [i] 43:16 identification [6] 6:15; 34:25; 56:12; 60:22; 85:12; 89:3 identifying [3] 58:7; 59:6; 62:21 ii [1] 5:11 imagine [2] 74:1,2 implies [1] 31:5 important [2] 10:17, 24 improved [1] 27:7 inana [7] 43:16; 45:15, 16, 21; 46:7, 11; 47:8 inc [11] 1:7;2:13,21,23; 3:3; 5:4, 9, 14, 24; 89:6 included [2] 14:20; 93:16 inclusive [1] 41:9 income [1] 24:7; 28:5; 65:19,25 individually [1] 14:1 individuals [2] 87:11; 89:20 industrial [1] 79:8 industry [2] 28:7; 55:14 influence [i] 11:24 informal [2] 10:19; 50:25 information [21] 44:17; 47:4, 9, 12, 22, 24; 48:3; 63:10; 64:9; 65:11; 69:25; 71:1,6, 11, 14; 72:10, 25; 73:5; 86:9, 14; 87:2 informed [3] 86:5, 12, 14 injury [4] 7:19, 20, 23; 8:4 inquire [3] 38:16; 44:19; 81:18 inquiring [1] 88:2 installations [i] 54:5 instructed [1] 72:24 insulate [i] 15:2 insulated [4] 14:13, 16, 17; 16:15 insulating [2] 14:23; 15:6 insulation [8] 4:23; 76:17; 91:25; 92:2, 5, 8, 10, 14 interline [4] 67:10; 88:11, 17, 23 interpose [1] 64:17 interrogatories [10] 2:23, 25; 3:4; 42:9, 10; 43:4; 81:22; 85:15; 89:7; 90:22 interrogatory [7] 48:6; 60:24; 61:8; 86:22; 90:6, 9, 11 introduced [1] 6:7 inventory [9] 36:4; 37:12, 19, 24; 38:25; 39:20, 25; 54:1; 55:17 investigations [1] 78:18 investment [1] 69:7 jack [5] 33:9; 46:22; 47:10, 19; 49:13 jacks [1] 16:13 jackson [1] 5:6 jacksonville [1] 88:12 jeffrey [1] 5:1 job [9] 14:14; 15:14, 18, 22; 16:19; 17:6; 18:1; 72:5, 9 jobsite [6] 71:22; 72:4, 6, 23; 75:24; 76:1 jobsites [1] 75:21 john [5] 5:6; 43:18; 46:21,22; 71:10 johnson [1] 5:21 join [i] 83:23 joint [4] 83:6, 14, 24; 84:2 judge [2] 10:21; 11:5 jury [2] 10:21; 11:5 justin [2] 4:16; 6:7 ** ** k-l-o-p-f-e-l [1] 33:10 kaiser [i] 5:4 kazan [2] 4:5, 16 keep [4] 29:6; 39:20, 24; 65:18 keller [6] 69:23; 70:2, 5; 82:12, 16; 83:5 kentucky [5] 19:23; 20:8, 18, 20; 40:3 kept [i] 73:25 kinds [1] 60:15 klopfel [9] 33:10, 17, 24; 46:23; 48:3; 49:13, 17; 69:22; 71:6 klopfel's [1] 49:19 knowledge [18] 28:11; 37:6; 65:12, 15; 68:11; 70:13, 17, 23; 73:23, 24; labor [1] 12:12 land [1] 31:6 large [3] 29:5; 53:12; 54:4 larger [i] 54:1 last [6] 10:4; 11:14; 33:15, 19; 42:2; 57:5 lasted [1] 35:25 late [7] 7:11; 23:13; 67:7; 76:14, 24; 80:16; 81:23 latter [2] 22:16; 23:8 . lawyer [1] 9:9 lead [6] 83:6, 14, 20, 24; 84:1, 3 learn [i] 81:20 learned [i] 81:23 legal [5] 63:17, 24; 64:4; 86:15 let's [13] 7:7; 13:17; 19:18; 29:1, 17; 30:21; 35:3; 57:5; 58:18; 61:22; 75:9; 76:9; 86:21 letter [4] 2:18; 77:11, 13; 78:22 letters [5] 77:6, 8, 19; 78:19; 79:17 letting [1] 10:6 level [1] 12:6 levels [3] 37:12, 19, 24 likewise [i] 33:17 limitation [i] 64:18 limited [1] 54:2 line [3] 59:22, 23; 60:18 listed [2] 73:18; 74:25 literature [1] 79:13 live [2] 6:21; 33:19 From hawaii to live BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(6/88 lived [1] 14:16; 57:12, 13; 60:8 33:15 manufactured [2] Up [2] 16:13; 57:14 5:1,22 manufacturer [1] local [7] 91:5 40:21;53:22; 54:2, 9; 55:8, 23; manufacturers [1] 58:11 28:6 locate [1] manufactures [1] 46:22 60:12 located [1] manufacturing [6] 40:10 2:13, 21; 3:3; 5:9, 24; 89:6 location [1] marina [2] 47:3 52:5, 6 logo [i] mark [4] 56:18 34:22; 58:7; 60:19; 89:1 lombardo [4] marked [8] 1:18; 4:8; 95:5,23 6:15; 34:25; 41:17; 56:10, 12; looks [2] 60:22; 85:12; 89:3 35:11; 86:1 market [1] los [1] 5:12 52:16 markets [2] louis [2] 29:20; 53:15 69:23; 82:12 marks [1] louisville [20] 62:22 19:23; 20:7, 10, 17, 24; 21:2, martling [i] 12, 15,20;22:1,6,9, 18; 40:3, 7:1 5, 8; 53:18; 76:17; 77:15; master [3] 80:18 2:19; 35:2, 8 lower [1] material [5] 53:24 15:2, 6; 57:20; 76:11; 91:6 lunch [1] materials [3] 80:12 14:23; 38:6, 7 lyons [2] matter [1] 4:6, 17 49:25 ** m** matters [3] 63:20; 86:6, 22 m-a-r-t-l-i-n-g [1] 7:1 machine [1] 16:12 machinery [1] 14:25 magnesium [1] 92:4 maintained [1] 65:25 maintenance [1] 29:5 major [2] 15:5; 27:11 management [3] 12:12; 36:5; 76:18 manager [5] 43:17, 19; 46:1, 22; 71:8 managers [1] 26:23 manages [i] 46:13 manhattan [1] 12:14 manner [3] 28:11, 13; 86:16 manufacture [4] mccaghey [3] 5:21; 9:10, 18 mccall [1] 5:17 mcclain [2] 4:5, 17 mckenna [1] 5:11 mean [12] 18:22; 36:11; 38:17; 51:21; 55:16; 64:4; 72:16; 75:25; 76:1; 84:14; 86:13 meaning [2] 41:22; 78:6 means [1] 74:17 meant [2] 80:20; 81:18 media [1] 76:16 medical [i] 79:11 medication [1] 11:16 medications [1] 11:14 meet [8] 49:11, 12; 50:5; 51:23; 52:1, From lived to outside 11; 53:6; 83:25 12, 13, 15, 17, 19,23; 76:2,3, o-u-r [1] member [2] 6, 8; 77:9, 12; 78:1, 3, 7, 10, 78:5 92:18,21 12; 80:2,4, 6,10,11,14; O0O [2] memory [4] 82:10,19, 22; 83:2,4, 8,12; 1:3; 4:14 71:18; 82:23; 87:8; 90:24 84:8, 11,22; 85:4, 13, 17, 18; Oakland [3] mentioned [3] 86:11,20; 87:3, 9, 22; 88:3, 4, 4:7, 18, 22 81:1; 82:10; 90:23 21; 89:4, 14, 15, 16; 90:2, 13, object [4] method [5] 16, 18; 91:10, 12; 92:24; 93:2, 36:25; 61:14; 63:16; 86:11 29:23; 30:14; 68:17, 18, 24 3,4,9, 10, 12, 13, 15, 16, 17, objection [6] middle [2] 18, 19, 23 2:15; 38:4; 57:24; 64:17; 83:8; 57:6; 60:4 ms [2] 87:3 mind [1] 54:12; 93:23 objections [1] 78:11 myself [4] 6:12 minor [1] 6:7; 23:7, 16; 80:7 October [5] 29:20 minute [3] ** N ** 1:20; 2:18; 4:4; 6:12; 95:18 offhand [1] 59:22, 25; 63:5 44:14 minutes [1] name [20] office [20] 80:9 6:7, 17; 47:8; 57:11, 17, 19, 8:25; 14:20, 24; 15:24, 25; misquoted [1] 22; 58:3, 5, 11, 15; 59:1,3, 6; 17:8, 9, 16; 19:24; 20:5; 21:12 23:7 61:3; 62:7, 11; 67:17; 68:5; 21; 31:19, 20; 40:9, 10; 54:4; misunderstood [1] 88:7 88:11; 93:25 25:14 named [1] offices [5] molten [1] 95:7 4:5; 18:17; 19:2, 16, 22 84:1 names [1] Oh [1] money [2] 46:19 44:24 ' 18:10; 55:12 national [1] okay [12] monica [1] 92:21 21:18; 23:19; 25:10, 16; 26:8, 5:16 nature [9] 12; 30:5; 32:22; 74:5; 75:14, montgomery [1] 7:16; 8:18; 28:4; 39:18; 50:4; 17; 93:18 5:17 52:17; 76:22; 77:1, 13 opened [7] month [10] needs [2] 19:24; 20:20; 21:15, 21; 22:11 22:10, 14; 44:24; 45:20, 24; 36:24; 37:6 18; 40:3 47:7, 17; 63:13; 85:22; 87:12 night [1] opening [1] months [3] 39:16 20:10 22:16; 42:22 nodding [6] operate [2] morning [3] 10:12; 25:3; 26:4; 39:7; 55:2; 67:16; 68:4 6:5, 6, 13 67:24 operation [2] move [1] north [4] 20:5, 22 58:18 12:24; 13:1; 31:6, 7 operations [2] mr [224] northeast [2] 20:7; 67:14 2:3; 6:4, 5, 16, 17; 7:13, 15; 21:25; 31:4 opinion [2] 8:9, 11; 9:10, 18; 11:17, 20; notary [1] 64:6, 22 13:1, 2; 16:10, 14; 18:19, 21, 93:8 opportunity [2] 22,24,25; 19:3, 5, 11, 12, 14; notation [2] 11:2; 20:14 21:11, 14, 16, 18, 19, 23; 22:3; 90:1,20 opposed [1] 24:9,12,14,19,20;25:17,19, noted [1] 78:6 20; 29:13, 16; 30:2, 6, 10, 12, 93:23 option [1] 16, 20; 31:5, 9, 12,15; 32:17, notice [17] 72:5 19, 20, 21,22, 23; 33:13, 17, 2:12, 15; 4:3; 6:10, 13; 42:7; order [20] 21; 34:18, 19, 21; 35:1,3, 7; 63:11, 18, 20; 65:1,5; 66:5; 2:23; 22:5; 28:22, 23; 29:6, 21 36:11,25; 37:9; 38:4, 20, 21; 67:19; 68:7; 73:18; 74:25 30:3, 18; 39:10, 14; 40:4, 13; 39:23; 40:1; 41:5, 11, 12, 14, nowhere [1] 70:5; 73:3, 6, 7,10, 13; 74:12, 15, 16; 42:12, 14, 17, 20, 21; 72:12 19 44:2, 16, 23, 25; 45:10, 15, 19, number [11] ordered [3] 21; 46:7, 11, 19; 47:6, 8, 14; 30:19; 41:7; 44:14; 73:4,7, 10, 57:18, 21; 73:14 48:2,3;49:17, 20; 54:14, 18, 12, 13, 19; 74:13 orders [6] 20, 22, 24, 25; 55:20, 21; 56:7, numbers [3] 15:1; 39:16; 40:6,7; 59:13; 9, 13; 57:24, 25; 58:1; 59:25; 41:10; 73:25; 90:10 74:9 60:2, 23; 61:11, 13, 14, 21; **/-** organization [3] 62:8, 9, 13; 63:16; 64:1, 15, 19:7; 66:17; 92:19 20, 21,24; 69:8, 9, 16, 18; 70:19, 20, 22; 71:23, 24; 72:1; 74:3,7,14,16; 75:2,3,7,9, o'connell [6] 43:14; 44:21,25; 45:10,19; 46:19 original [1] 93:16 outside [2] BSA 16:13; 93:8 overbroad [i] 83:9 owned [2] 14:1; 69:12 owner [2] 68:16; 69:10 ownership [3] 67:23; 68:11,22 ** D** p.m. [11 94:2 package [1] 72:18 packing [11] 57:16; 62:3,8,9,15,17,21; 63:4; 82:16, 17; 83:5 packings [i] 57:7 page [19] 2:2, 11; 3:2; 35:8, 11; 56:20; 57:5, 6; 60:3; 61:7; 63:7; 64:13; 75:3, 4; 85:25; 87:22, 24; 89:13 pages [8] 36:2; 41:6, 8, 9; 74:25; 75:7, 10; 86:1 paid [3] 55:11; 74:19, 22 palm [2] 6.22; 9:22 paragraph [2] 36:4; 37:17 part [12] 13:7, 13, 16, 25; 21:25; 22:2; 23:8; 30:15; 38:10, 12; 48:16; 59:22 parts [10] 16:12; 17:13, 19; 28:5; 29:6; 37:14, 22; 38:2; 39:3; 42:24 paul [1] 5:11 pending [2] 9:2, 23 people [3] 64:9; 66:9; 71:5 percent [1] 92:4 percipient [1] 7:22 perform [2] 73:17; 78:18 performing [i] 26:23 period [5] 18:20; 32:5; 48:20; 57:2; 71:2 person [14] 2:13, 16; 6:11; 63:9, 14, 19; 64:3, 7, 11; 72:13, 15, 17, 21; 88:1 personal [4] 7:19,20;64:22; 88:20 Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(7/89) personally [2] 4:9; 88:1 personnel [2] 24:8; 79:11 persons [i] 33:7 phone [2] 16:13; 44:14 pick [i] 53:23 pipe [7] 83:21,22;91:17, 19,21,23, 25 pipes [2] 83:23, 25 place [25] 7:17; 8:4, 24; 9:21; 20:2, 7; 29:21; 30:3; 31:24; 37:12; 39:13, 16; 40:4; 54:21; 59:13; 65:16; 67:23; 79:23; 81:24; 83:25; 84:13, 14; 95:8, 11, 16 placed [4] 16:4; 28:22; 40:6; 73:3 plains [14] 17:9; 18:16; 20:4, 11, 15, 21; 21:1,9, 20, 24; 22:19; 39:13; 40:23; 44:13 plaintiff [1] 80:8 plaintiffs [3] 9:7, 25; 89:7 plaintiffs [15] 1:5; 2:11,15, 25; 3:2, 3; 4:19; 6:14; 8:12; 34:24; 56:11; 60:21; 85:11, 15; 89:2 plant [6] 4:23; 14:18, 21; 22:18; 40:3; 77:15 plants [1] 53:12 plastic [1] 83:23 please [5] 6:18, 25; 11:9; 78:8; 86:19 plumbing [5] 29:17, 18; 53:16; 55:4; 70:10 point [4] 22:21; 25:17; 26:2, 5 poles [1] 16:11 policy [2] 63:15; 65:23 popular m 83:18 portillo [1] 93:23 position [10] 24:24; 25:7, 12; 26:9; 44:6; 48:23; 49:7; 50:12; 84:22; 88:23 positions [2] 24:17; 74:9 possession [i] 84:6 potential [3] 19, 22; 60:8, 17; 61:5, 25; quick [2] 29:25; 30:18; 34:10 62:2,4, 6; 63:3; 68:19, 21,24; 14:3; 22:17 poured [i] 69:2; 75:21; 76:4; 77:3, 7, 17, quotas [4] 84:1 23; 78:22; 79:20, 24; 81:2; 24:6, 7; 26:18; 27:1 preferred m 40:17 82:3, 11; 83:17; 91:1,4, 9, 14; 92:10, 12, 16 ** R** preparation [1] professional [i] 43:7 92:18 read [19] preparing [1] program [i] 11:5; 30:7,9;42:21,23, 25; 42:3 68:23 54:25; 75:6; 78:7, 9, 11; 82:10, presence [1] proper [4] 19; 85:23; 86:4, 7, 25; 89:11; 93:8 14:25; 37:12, 19; 74:22 90:4 present [6] proposing [1] readily [2] 43:10, 20, 25; 44:17; 48:12; 77:14 54:11; 56:2 95:7 protected [i] reading [2] presently [1] 33:2 81:22; 82:7 6:21 protillo [1] real [2] president [5] 5:6 14:3; 22:17 43:13; 44:2, 3, 5, 9 provide [4] reason [5] presumed [1] 47:4, 9; 48:2; 93:13 56:2; 67:22; 74:8; 83:3, 7 80:21 public [2] reasonable [1] presumption [1] 68:2, 7 55:18 71:7 Puerto [1] reasons [2] pretty [1] 31:14 10:24; 12:3 82:25 purchase [10] recall [75] previous [4] 14:23, 24; 16:19; 17:13; 28:15; 8:12, 24; 9:2,7, 11,.23, 25; 42:8, 13; 43:19; 84:24 34:17; 58:10; 68:3; 72:7 15:5; 16:10, 17,21; 18:10; previously [3] purchased [12] 19:24; 20:1; 32:2; 33:7, 12, 15, 74:19; 87:19, 20 15:6; 58:2; 61:25; 67:20; 21,24; 34:5, 7; 35:23; 36:1; price [2] 69:10; 70:8, 11, 15; 82:12, 16; 41:24; 42:1; 43:1; 44:3, 6, 14; 53:24; 55:6 83:5, 16 45:2; 48:19, 20, 22; 49:6, 13; print [1] purchaser [1] 50:11; 51:7, 25; 52:2, 13, 15, 56:21 72:8 24, 25; 53:1; 55:3; 57:8; 59:15, prior [30] purchasing [51] 18; 60:7, 13, 14; 61:6, 23, 24; 19:17, 18; 20:10; 28:12, 20, 14:15; 15:14, 23; 16:6, 17; 62:2, 4, 17, 23, 25; 63:2, 3; 24; 32:6, 18; 33:7; 34:3; 36:19; 17:1,7, 11, 15, 18, 21; 18:2, 3, 77:9, 10; 78:21, 25; 79:1,3; 37:13; 45:5; 46:3, 19, 21; 53:3; 5, 13, 15, 16; 19:6; 22:24; 82:11,15, 18, 25; 83:16; 62:19; 65:6, 8, 13; 68:25; 71:3, 23:1,4, 12, 20; 24:21; 25:5, 8, 84:25; 85:2 24; 73:19, 25; 79:19; 83:13; 11, 21,25; 26:3, 7, 8, 10; recap [2] 87:1; 93:21 27:4, 5, 9, 23, 24, 25; 28:1, 19; 56:1; 82:5 privately [1] 36:24; 37:8; 48:25; 49:7; received [i] 69:12 50:13, 14, 25; 59:9 79:6 problem [1] purpose [3] recently [2] 61:18 49:9; 51:15; 53:3 41:21,22 proceedings m pursuant [1] recognize [2] 95:16 4:3 56:14, 15 processed [1] 39:17 ** ** recollection [2] 61:17, 20 produce [1] recommend [1] 2:17 quality [i] 38:2 produced [4] 55:8 recommendations [7] 4:9; 36:9; 63:18, 21 question [39] 34:16; 50:16,17,21; 51:18, product [28] 10:9; 11:11, 17,18; 18:23; 20; 52:18 8:7, 10; 22:6, 19; 28:15, 20, 19:13; 21:23; 28:18; 29:8, 14, record [26] 24; 30:18; 34:11, 15; 53:17, 15; 30:13, 16; 36:25; 37:21; 6:9, 18; 24:10, 13,14; 30:9; 23; 54:10; 56:2; 58:14, 15,20; 38:4; 49:23; 55:20; 61:12, 15; 35:5, 6; 36:8; 37:14; 41:5, 13, 59:6, 24; 72:3, 13, 16, 18, 22; 64:19; 69:8; 75:5, 9, 18; 77:2; 14; 54:13, 17; 56:24; 63:15; 75:25; 76:11; 77:15; 83:15 78:8; 82:22; 83:8; 86:12, 15, 73:1; 75:6; 78:9; 80:2, 5, 6, 8; products [67] 24; 87:7; 88:3, 6, 7, 8; 89:13; 85:14; 90:4 16:5, 9, 18, 22; 20:11,24, 25; 90:3 records [9] 28:2,4,8,12; 34:17; 36:23; questioning [1] 2:14, 17; 6:12; 71:16, 17; 72:9; 37:8; 50:10, 16, 20, 22; 51:18; 54:21 73:20; 83:11; 88:9 52:18; 55:4, 7, 10; 57:9, 12, questions [5] refer [2] 13; 58:10:59:3,4,6,8,15, 10:7; 64:3; 87:6; 93:3, 4 55:5; 77:2 From overbroad to refer BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(8/90 reference [1] 41:7 referencing [i] 78:5 referred [1] 37:20 referring [2] 60:5; 66:19 reflect [2] 74:11; 75:10 reflected [4] 72:6, 8, 11; 73:1 refreshes [1] 61:17 regarding [10] 43:1; 48:3, 5; 63:15; 76:20; 77:5; 79:20; 82:2, 7; 87:17 regards [1] 65:23 region [11] 21:7, 9; 31:23; 32:9, 10, 17, 24, 25; 46:1; 51:24 regional [7] 26:23; 31:16; 43:17, 19; 45:25; 46:22; 71:8 regions [5] 24:7; 26:19; 30:23, 25; 31:3 relating [1] 80:17 relationship [1] 50:12 rely [1] 79:18 remain [4] 16:24; 23:3, 13; 27:17 remember [1] 7:8 remembered [1] 4:3 reminder [1] 93:20 repair [2] 37:14 repairs [2] 28:7; 37:15 repeat [1] 90:3 replaced [1] 45:4 replacement [2] 38:10, 11 report [1] 95:15 reporter [7] 4:8; 30:9; 75:6; 78:9; 90:4; 93:14;95:12 represent [2] 6:8; 83:4 representation [2] 38:17; 81:16 representative [2] 36:9; 39:3 representatives [3] 36:16, 18, 22 represented [3] 9:4, 18; 38:22 request [5] 2:17; 40:20, 24; 54:22, 23 requested [1] 36:22 required [3] 29:6; 35:17, 25 reside [i] 44:12 respect [1] 93:6 respectively [1] 6:10 respond [2] 77:19, 21 response [i 2] 3:3; 63:18; 64:25; 65:4; 66:5; 77:22; 78:5, 22; 79:2, 16; 80:19; 89:6 responses [14] 2:22, 25; 10:13; 60:24; 77:22; 79:6; 85:15, 23; 86:9, 23; 87:2, 18; 89:11, 19 responsibilities [14] 13:19; 14:22; 15:15; 16:3; 17:11; 18:6,9; 24:2, 4; 26:17, 21; 27:3, 6, 8 rest [1] 59:22 result [3] 8:7, 10; 68:22 retention [1] 63:15 retire [1] 27:15 retired [6] 27:17, 19; 43:13, 19; 44:10; 91:14 retirement [1] 27:14 return [1] 93:24 review [2] 11:2; 48:7 reviewed [4] 42:4, 6, 8 reviewing [3] 87:1; 89:19; 90:19 rey [2] 52:5, 7 rick [1] 84:21 rico [1] 31:14 right [13] 16:2; 18:24; 23:1; 26:1; 27:18; 39:10; 54:18; 55:6; 58:23; 60:3; 76:2; 86:7; 90:16 right-hand [1] 36:3 riverdale [i] 12:14 rohit [1] 4:21 roughly [2] 32:24; 41:2 route [1] 44:19 rule [2] 35:23; 36:1 rules [1] 10:5 run [1] 37:7 runner [3] 83:20, 24; 84:3 runners [3] 83:6, 14 running [2] 13:21; 14:25 runs [1] 88:17 ryan [2] 5:21 ** e ** s-b-e-z-z-i [1] 6:19 sabnis [1] 4:21 safety [1] 92:21 sale [i] 67:25 sales [30] 22:23; 23:16, 23, 25; 24:1, 5, 6, 8; 25:13, 15, 22; 26:6, 13, 18, 19; 27:12; 28:10; 31:16, 21; 36:22; 43:15; 45:3; 48:25; 50:1; 51:4, 10; 68:14, 15, 17; 72:7 salesman [8] 33:2; 37:5, 7, 11; 40:21; 43:20; 72:24; 73:15 salesmen [29] 29:23; 30:11,22,24; 31:1; 34:8; 39:12, 15, 20, 24; 40:4, 18; 44:18; 46:13, 20; 49:11, 12; 50:2, 5, 14, 18, 19; 51:22, 23; 52:1,6, 11; 55:12; 69:21 salespeople [1] 27:1 salesperson [2] 39:8, 10 salespersons [7] 31:25; 32:25; 33:3; 34:2, 5, 16; 36:19 san [12] 5:2,7, 12, 17; 29:18; 49:16, 18, 20; 70:14, 24; 71:12 satisfied [1] 69:2 saying [2] 55:22; 56:4 sbezzi [11] 1:13; 4:1,9; 6:1,5, 17, 19; 36:11; 38:21; 41:16; 95:6 scenario [1] 58:25 school [3] 12:17; 13:13, 14 schools [2] 13:22; 54:4 screw [1] 16:12 seal [1] 83:24 seals [1] 84:1 search [5] 66:4, 7, 13, 16; 73:17 second [8] 8:15; 24:11; 52:14; 56:20; 61:7; 80:3; 86:1; 89:14 sections [1] 28:18 sell [23] 29:18; 30:23; 34:15; 46:11; 57:8; 58:12; 75:24, 25; 83:13; 91:8, 13, 17, 19, 21,23, 25; 92:2, 4, 7, 10, 12, 14, 16 sellers [1] 59:21 selling [4] 49:17, 20; 69:3; 91:3 sells [2] 46:9, 15 send [4] 40:19; 59:1; 72:22; 79:17 sending [2] 53:17; 78:19 sense [2] 38:13; 64:4 separately [1] 88:17 sequoia [1] 6:4 servadei [1] 70:7 served [2] 54:1,2 service [7] 51:19, 22; 52:19, 20; 55:13, 15; 70:7 sets [1] ^2:9 setting [1] 10:19 sewer [1] 91:19 sexauer [190] 2:12, 15,20,21; 3:3; 5:9,24; 8:3, 5, 7, 10, 22; 9:16; 17:5, 12, 19; 18:13, 17; 19:1, 15; 22:5; 23:4, 13; 24:22; 28:2, 12, 13, 16, 23; 29:2, 4, 9; 30:23; 31:1, 16, 25; 33:22, 25; 34:2, 11; 35:9, 13; 36:9, 12, 16,22, 24; 37:16, 23; 38:22; 39:2; 40:6; 43:2, 10, 14, 16,17, 20; 44:3, 5, 9, 18; 45:3, 5, 7; 46:3; 48:15; 50:10; 53:24, 25; 55:3, 7, 11; 56:15, 17, 18; 57:1,2, 7 8, 11, 13, 17, 18, 22; 58:3, 11, 15, 16, 25; 59:23; 60:4, 8; 61:24; 62:6, 10, 11, 12, 14, 15 63:1,9, 15; 64:8; 65:18; 66:17 20, 22; 67:14, 17; 68:3, 5, 14, 15; 69:12, 14; 70:2, 5, 8, 11, 15, 18; 71:21; 72:17, 21,24; 73:1, 11,19, 22; 74:18, 24; 75:20, 24, 25; 76:4, 10, 15, 24; 77:4, 6; 78:6, 18; 79:5, 8, 13, 15, 20, 23; 80:16; 82:2, 5, 6, 13, 15, 17, 20, 24; 83:6, 13, 16; 84:6, 15, 22, 25; 85:5; 88:14, 17; 89:6; 90:25; 91:3, 8 13, 17, 19, 21,23, 25; 92:2, 4, 7, 10, 12, 14, 16, 18, 21 sexauer's [10] 2:16, 24; 6:11, 12; 19:9; 53:7; 54:6; 67:19; 69:21; 85:14 shaking [2] 10:12; 43:23 sheet [7] 62:3, 8, 9, 15, 17, 21; 63:4 sheeting [1] 61:4 shim [1] 68:16 ship [9] 21:24; 22:1; 53:25; 55:18; 72:5,9, 18; 73:8; 76:4 shipped [9] 22:6, 19; 30:19; 40:8; 54:11; 74:20, 21,24; 76:1 shipping [4] 22:21; 72:10, 22; 73:5 shop [1] 69:23 shortcut [1] 64:12 shorthand [3] 4:8; 95:11, 12 show [4] 41:16; 60:19; 73:7; 83:11 sign [2] 93:7, 10 signature [3] 86:2; 89:17; 94:7 signed [1] 42:9 signing [i] 93:6 silicate [1] 92:7 silva [4] 43:13; 44:2, 16,23 Sir [19] 7:3; 8:21; 10:16; 12:6; 39:22; 48:14; 54:25; 56:14; 58:24; 63:14; 64:25; 76:12; 80:15; 83:13, 15; 84:6; 85:19; 86:2; 92:24 From reference to sir BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 XMAX(9/91) siros [i] 70:10 sites [3] 74:25; 75:13; 76:5 six [6] 24:25; 25:1; 30:25; 31:3; 85:22; 89:10 sixth [1] 31:13 size [1] 69:2 smallest [1] 53:16 soil [1] 83:21 sold [32] 8:8; 13:22; 21:3; 28:12, 14; 50:10; 53:15, 24; 59:16, 19; 60:15; 62:6, 14; 63:3; 66:11, 12, 19, 20, 22, 24; 67:1,2, 4, 8, 13; 68:19; 69:14; 70:2; 75:21; 79:21; 91:1 somebody [1] 87:7 someone [2] 22:4; 87:17 somewhere [3] 15:11; 32:15; 80:10 sons [1] 5:13 sorry [22] 7:17, 22; 13:11; 16:8, 20; 22:23; 25:24; 27:4; 31:2; 40:2; 43:11; 48:1; 52:9; 59:24; 61:24; 74:12; 75:1,8, 15, 17; 78:7; 82:16 sounds [i] 41:4 south [2] 31:6, 10 southeast [2] 22:2; 31:4 southern [1] 22:1 space [3] 65:14,21 speak [1] 43:12 speaking [2] 35:18, 70:18 special [1] 58:19 specific [6] 28:8; 38:7; 71:12; 74:8; 79:1 specifically [i] 78:21 specified [1] 95:9 specify [i] 78:14 speculate [2] 69:16; 91:10 speculating [i] 74:3 spell [1] 6:18 spend [i] 6:22 spent [1] 27:21 spoke [4] 43:10, 15, 17, 25 spoken [1] 87:7 spool [5] 57:22; 58:3, 5; 59:1 spools [1] 57:18 sporting [2] 12:24; 14:8 Stamford [2] 5:22; 8:25 stamped [1] 56:25 start [5] 7:7; 13:3, 11; 19:18; 61:22 started [4] 15:10;44:5,6; 84:25 starting [2] 13:17; 63:7 state [7] 1:1; 6:17; 74:5; 93:20; 95:1, 12,24 stated [2] 78:4; 86:6 statement [3] 65:10; 86:10; 87:6 states [4] 21:25; 31:7, 8, 10 stem [1] 57:7 sticks [1] 83:1 stipulate [i] 78:10 stipulation [i] 93:7 store [4] 12:24; 13:21; 14:8; 58:11 stored [1] 65:16 stores [1] 58:12 stories [1] 76:16 street [8] 4:7, 18, 22; 5:7, 12, 17, 22; 15:25 strike [1] 31:2 subject [2] 63:20; 76:18 subscribed [1] 95:17 substituted [i] 91:6 successful [1] 68:18 suite [4] 83:4 trade [2] 4:7, 18; 5:2, 7 testify [3] 79:13; 92:19 sulfuric [1] 12:4; 63:19, 25 trained [2] 7:18 testifying [4] 36:16, 18 superior [1] 7:21,25;8:20; 10:20 transcribed [1] 1:1 testimony [7] 95:13 supplied [2] 11:15, 19, 22; 55:1; 60:7; transcript [2] 38:7; 43:4 82:11, 19 11:2; 95:14 suppliers [i] thank [4] transcripts [1] 78:6 11:13; 31:9; 92:25; 93:1 93:22 supplies [1] there's [9] transite [1] 14:24 24:15; 28:21; 35:25; 37:22; 91:17 supply [12] 41:9; 59:3; 84:13, 14, 15 trees [1] 21:10; 35:25; 53:16, 22; 54:2, thereabouts [i] 16:11 9; 55:8, 23; 56:4, 5; 58:11, 12 63:12 supplying [1] thereafter [1] trial [i] 11:6 59:9 95:13 tries [1] supposed [1] therein [2] 86:16 61:9 89:11; 95:8 trip [i] sworn [3] thereupon [i] 49:9 4:11; 6:2; 95:7 4:11 true [7] **T** thick [1] 82:25 58:22; 64:14; 67:25; 73:14; 86:6, 23; 95:15 thinking [1] turning [1] t-e-n-s-o-l-i-t-e [1] 14:12 90:21 third [3] 88:25 twisted [1] table [2] 9:11; 37:17; 52:23 57:20 35:12; 54:19 thomas [1] types [9] takes [i] 5:19 16:15; 53:11; 81:4, 6, 9, 10, 88:21 threaded [1] 13, 21; 82:7 talk [9] 83:23 typewriting [1] 43:9; 47:6; 48:5; 54:16, 17, 19; three [7] 95:14 68:13; 86:25; 87:1 talked [7] 7:6; 22:16; 23:5; 33:5; 45:9; 46:2; 51:4 * * 11 * * 43:7; 48:11; 87:10, 12, 13, 19; throw [2] 90:15 66:2, 9 uh-huh [2] talking [3] thrown [i] 10:11; 42:14 36:19; 43:6; 80:15 65:22 uh-uh [1] tarrytown [3] till [5] 10:12 7:2; 12:25; 14:13 16:25; 18:4; 25:2; 26:12; 27:14 understand [20] technical [1] times [7] 10:15, 19, 22; 11:7, 18; 18:25; 64:5 7:5, 6; 22:8; 49:4,6; 51:5; 67:4 19:13; 21:19; 28:13; 29:11, 13; teflon [2] timing [i] 36:8, 13; 37:2, 4; 64:21; 80:8; 15:4, 6 24:17 81:5; 82:22; 86:18 telegraph [1] tiny [3] understanding [11] 15:21 59:25 24:21; 36:7, 21; 37:16, 23; ten [7] title [14] 38:1, 8, 22; 79:5; 80:23; 81:3 32:4, 12; 41:6, 9; 42:2; 63:12; 13:23, 24; 14:14; 15:14, 15, union [4] 80:12 22; 17:6, 21; 18:1, 10; 23:15; 15:21; 16:5, 7, 24 ten-minute [1] 27:6, 13; 84:23 united [4] 41:3 titled [1] 21:25; 31:7, 8, 10 tensolite [5] 36:4 university [1] 14:12, 16; 15:9, 13, 17 today's [2] 12:13 term [2] 10:5; 42:3 upper [1] 64:5; 86:15 toll [1] 21:25 terminology [1] 73:4 * * \/ * * 29:11 tom [3] territories [2] 30:23; 31:17 territory [4] 29:24; 33:1,2; 49:19 testified [11] 6:3; 9:16; 14:4; 25:4; 43:1; 55:3; 63:11; 82:15, 20, 24; 42:17; 87:23; 90:7 tools [2] 28:7; 50:23 tossavaimen [3] 87:23; 90:7 towards [1] 60:4 vague [5] 37:1; 38:4; 83:9; 86:12, 17 variety [1] 41:10 vendor's [1] 79:1 vendors [9]______________ From siros to vendors BSA Hogan v Alcoa, Inc. Depo of Carmelo Sbezzi 10-18-06 16:4; 77:3, 4,6, 19; 78:19; 90:25 95:7, 17 79:17; 80:20; 81:16 warnings [2] word [4] ventures [i] 79:19,23 37:4, 10; 78:5; 80:24 5:4 washers [4] wordage [1] verbal [2] 60:4, 10, 12, 15 77:10 10:11, 14 Washington [1] work [17] versus [1] 16:5 12:23; 13:7, 15; 14:11,18; 53:13 water [1] 15:9,20,24; 17:4, 8; 27:19; vertical [1] 80:1 38:2, 5; 39:3; 46:3; 74:25; 76:4 53:15 ways [1] worked [11] vice-president [23] 29:1 12:24; 13:20; 33:21,24; 45:5, 23:16,22, 25; 24:1,5; 25:13, we'll [1] 7; 46:5; 48:15; 57:2; 83:5; 15, 22; 26:5, 7, 8, 10, 13, 17; 28:8 84:23 27:4, 12, 24; 28:10; 43:15; we're [6] workers [i] 45:2; 50:14; 51:4, 9 65:14; 75:23; 80:11, 12; 88:25; 80:18 vicinity [2] 91:16 working [3] 52:8, 10 we've [4] 37:18; 39:2; 45:11 visit [9] 41:1; 80:7; 89:21; 90:6 wouldn't [1] 34:12; 48:16; 49:4, 15; 50:4, weeks [3] 68:10 24, 25; 52:3, 17 visited [5] 41:25; 85:22; 89:10 west [18] written [1] 11:2 49:2,6;51:3; 52:14; 69:23 6:21; 9:22; 22:1,4, 18; 31:10, wrong [1] visits [3] 22; 32:1,9, 10, 17; 40:4; 75:1 51:7, 15; 53:4 43:18, 19: 46:1; 51:24; 53:18; wrote [1] volume [6] 71:9 77:6 59:15, 18, 21; 60:14,17; 63:4 western [4] VS [1] 15:21; 16:7, 8, 24 **V** 1:6 what's [1] * * yy * * 41:16 whereabouts [1] yarn [1] 58:22 47:19 yeah [2] w-i-l-m-a-r [1] whereof [1] 27:10; 45:16 67:9 Wallace [87] 95:17 whereupon [1] year [14] 6:22, 23; 12:15; 13:3, 11; 15:9, 5:6, 7; 7:13; 8:9; 11:17; 13:1; 94:1 10; 23:9; 27:16; 35:19; 44:4; 16:10; 18:19, 22, 25; 19:11; white [14] 45:4; 65:20; 84:25 21:11, 16, 19, 23; 24:9, 14; 17:9; 18:16; 20:4, 11, 15, 21, years [16] 25:17; 29:13; 30:2, 6, 12, 16; 25; 21:9, 20, 24; 22:19; 39:13; 13:18; 17:23; 22:16; 23:5; 31:5, 9, 12; 32:17,20,22; 40:23; 44:13 24:25; 25:1; 27:21,23; 35:21; 34:18; 35:3; 36:25; 38:4; wicking [5] 44:3; 45:9; 46:2; 47:2; 65:17, 39:23; 41:5, 12; 42:14, 17; 57:22; 58:2, 7, 19; 83:6 20; 84:24 54:14, 22; 55:20; 56:7; 57:24; wickings [2] york [14] 59:25; 61:11, 14; 62:8; 63:16; 57:7, 14 6:23; 12:14, 25; 14:13; 15:25; 64:15, 21; 69:8, 16; 70:19; wilmar [4] 17:10; 20:4, 12, 15, 21; 21:2, 71:23; 74:3, 14; 75:2, 9, 13, 67:9, 10; 68:1,2 10; 44:13 17, 23; 76:6; 77:9; 78:1, 3, 10; wilson [1] you'll [2] 80:2,6, 11; 82:22; 83:8; 84:8; 93:3 35:11; 61:7 85:17; 86:11; 87:3; 88:3; wire [5] you've [5] 89:14; 90:2, 13; 91:10; 93:2, 4, 14:13, 16, 17, 24; 15:2 10:3, 6; 55:19, 20; 88:3 10, 13, 16, 18, 23 wires [1] yourself [3] walsworth [1] 16:15 64:10; 66:13; 82:1 5:16 witness [68] * * -t * * wanted [11] 4:10, 11; 6:2; 7:14,21,22; 25:18; 28:15; 29:21; 30:3; 38:10; 40:20; 46:8; 53:19; 58:14; 72:3, 23 wants [1] 54:16 8:10; 11:19; 16:11; 19:1,4, 13; 21:22, 24; 24:16; 25:3; 26:4; 30:5, 7, 14, 17; 31:7, 10, 13; 34:20; 37:4; 38:16; 39:7, 24; 42:16, 19; 43:23; 54:15; 55:2; zelinsky [1] 5:13 zip [1] 16:1 warehouse [12] 61:15; 62:10; 63:17, 24; 64:23; 20:9, 11,15, 17, 20, 21; 21:2, 67:24; 69:17; 70:21; 71:25; 10, 15; 22:9; 59:12; 76:18 74:6, 15; 75:5, 10, 16, 18; warehoused [3] 76:7; 77:10; 78:2, 4; 82:23; 20:11,24, 25 83:10; 84:9; 86:19; 87:5; 90:3, warning [i] 5, 17; 91:11; 93:1,7, 10; 94:7; From ventures to zip XMAX(10/92;