Document vV0GRYQvdJg0Zmy5wbLjaXbg8

* St ' 18TH JUDICIAL DISTRICT COURT PARISH OF IBERVILLE STATE OF LOUISIANA PLAINTIFF'S EXHIBIT EXX RR JOSEPH A. CLEBERT and GLORIA GOMEZ CLEBERT VERSUS MCCARTY CORPORATION, ET AL SUIT NO.: 38,744 DIVISION "B" EXXON'S RESPONSE TO REQUEST FOR PRODUCTION OF DOCUMENTS Exxon Corporation ("Exxon") hereby responds to the requests for production of documents served on Exxon on February 19, 1991, as follows: REQUEST FOR PRODUCTION.NO. 1 Exxon Corporation shall produce on March 6, 1991, those documents contained in the files of Fred S. Venable as follows: (a) Letter dated October 25, 1951 from Fred S. Venable to E.E. Moore. (b) Memorandum dated November 2, 1951 from Fred S. Venable to Dr. Howard Hansen. (c) Memorandum dated December 4, 1951 from Fred S. Venable to Dr. E.R. Hawkins. (d) Undated memo from Fred S. Venable to Dr. K.S. Jones, subject asbestos exposure of air samples collected on October 8-9, 1974. (e) Memorandum dated July 17, 1979, from B.A. Martin to J.W. Affolter and, among others, Fred S. Venable. (f) Exxon Company, USA Safety Standard No. 161, Safe Handling of Asbestos. (g) Memorandum' dated August 11, 1972, from Fred S. Venable to E.R. Felton and Walter Brock. cutftctc/dAMtxn j.... ?} EM002596 (h) Memorandum dated March 9, 1.972, from F.S. Venable to J.W. Hammond. (i) Memorandum dated July 20, 1972, from Fred S. Venable to E.R. Felton and W.H. Brock re asbestos regulations. (j) Memorandum dated December 28, 1971, to CDS from R.O. Laird. to Ray. (k> Memorandum dated January 7, 1.972, from S.C.P. Brock. (1) Memo reply dated July 21, 1972, from Walter RESPONSE TO REQUEST FOR PRODUCTION NO.._l Exxon has not identified or located and does not possess, constructively or literally, "the files of Fred S. Venable," and therefore Exxon cannot produce any documents identified as ''those documents contained .in the files of Fred S. Venable." The documents identified in Plaintiff's Request For Production of Documents l.(a) through (1), copies of which plaintiff's counsel has attached to the same pleading, appear to be copies of part of the Exhibits to the deposition of Fred S. Venable in the Lloyd P. Estaye litigation. Exxon was not a party to this litigation, nor was if present when these exhibits were produced. Exxon has subsequently obtained copies of these documents. However, Exxon presumes that plaintiff's counsel does not expect Exxon to produce copies of these exhibits to his Request for Production of Documents. REQUEST FOR PRODUCTION NO .,, 2 Exxon Corporation shall produce all asbestos standards issued by Exxon, USA, its predecessors and subsidiaries at the Baton Rouge" facili ty from 1951 through 1975. RESPONSE TO REQUEST FOR PRODUCTION NO. 2 Exxon objects to this request for production of documents because it is overly broad, overly burdensome, and is not calculated to lead to the discovery of admissible evidence in this matter. Plaintiff has already stipulated CtXSftCTK/OABOexCIt EH002597 that, prior to 1965, Exxon had no knowledge that asbestos exposure was in any way associated with mesothelioma, the disease from which plaintiff allegedly stiffens. Therefore, to the extent that this request for production seeks information prior to 1965, it seeks immaterial information. Further, plaintiff has alleged in his Petition and testified in deposition that his only work at Exxon's Baton Rouge premises after 1965 was in 1973 and again in 1974; therefore Exxon objects that to the extent this Request for Production seeks information prior to 1971, it seeks immaterial information. Subject to the foregoing objection, Exxon states that it will- produce the documents which are responsive to this request for production at a date mutually convenient w.i th counsel. REQUEST FOR PRODUCTION NO... 3 Exxon Corporation shall produce reports of all monitoring exposures to asbestos as required by OSHA regulations [Paragraph 1910.93a(F) 3). RESPONSE TO REQUEST FOR PRODUCTION NO. 3 Exxon objects to this request for production of documents because it does not seek Information which is reasonably calculated to lead to the discovery of admissible, material or relevant evidence. OSHA regulations did not become effective until 1972. Therefor, the documents to which this request for production refer could not have existed prior to 1972. Any alleged exposure of Mr. Clebert to asbestos after 1972 could not have been the cause of his alleged mesothelioma. REQUEST FOR PRODUCTION NO. 4 Exxon Corporation shall produce all asbestos hazard control programs at the Exxon Baton Rouge facility from 1951 through 1975. RESPONSE TO REQUEST FOR PRODUCTION NO.. __4 Exxon objects to Request for Production No. 4 for the same reasons that it objected to Request for Production Nos. 2 and 3. In addition, Exxon objects because the phrase "asbestos hazard control programs" is undefined, vague and CLEISCJtE/OA lOCNUt EM002598' ambiguous. Subject to the foregoing objection, Exxon will produce these documents at a mutually agreeable time. Gary A. Bezet (#3036) KEAN, MILLER, HAWTHORNE, D'ARMOND, McCOWAN & JARMAN Post Office Box 3513 Baton Rouge, Louisiana 70821 Telephone: (504) 387-0999 David W. Ledyard STRONG, PIPKIN, NELSON & BISSELL 1400 San Jacinto Building 595 Orleans Beaumont, TX 77701-3255 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been mailed, postage prepaid to all counsel of record. Baton Rouge, Louisiana, Ma * ' Gary A. Bezet ctxt*ste/OAotKi v EM002599