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J t Iffl (Hi;; EXHIBIT il 1 JEFFREY A. KAISER (State Bar No. 160594) ELIZA M. RODRIGUES (State Bar No. 148478) 2 BROBECK, PHLEGER & HARRISON LLP Spear Street Tower 3 One Market Street San Francisco, CA94105 4 Telephone (415) 442-0900 5 Attorneys for Defendant J-M MANUFACTURING COMPANY, INC. 6 7 8 CALIFORNIA SUPERIOR COURT 9 CITY AND COUNTY OF SAN FRANCISCO 10 11 IN RE: 12 ' COMPLEX ASBESTOS LITIGATION 13 U ) NO. 828684 ) ) DEFENDANT J-M . ) MANUFACTURING COMPANY, ) INC.'S RESPONSE TO ) PLAINTIFFS' STANDARD ) INTERROGATORIES 15 J-M MANUFACTURING COMPANY, INC. ("JMM") by and through its counsel of 16 record hereby responds to plaintiffs' standard interrogatories. 17 18 PRELIMINARY STATEMENT 19 JMM last sold asbestos containing cement pipe ("A/C Pipe") more than a decade ago. 20 Since that time, the company has moved its headquarters from California to New Jersey and most 21 22 of the individuals involved with the sale of A/C Pipe are no longer employed with the company. 23 Further, many ofthe documents relating to A/C pipe no longer exist. As a result, collecting the 24 detailed information requested in these interrogatories requires the company to rely on the best 25 recollections of those witnesses with personal knowledge who are still available and the historical 26 documents that still exist. Furthermore, many of the interrogatories request information that JMM 27 has never previously been required to attempt to assemble and responding would necessitates the 28 ;L J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES SC-JMM-4900 (. DAUDCUJV ar ( l}003 1 preparation of a compilation, abstract, audit or summary of or from historical documents. JMM 2 has made a good faith effort in the time available to respond to these interrogatories. Each of the 3 responses is based on information and belief of the person verifying the responses. JMM continues 4 to investigate issues relevant to this lawsuit and reserves the right to introduce additional evidence 5 at trial that is discovered in the course of its further investigation or review of information. 6 7 GENERAL OBJECTIONS 8 9 1. These interrogatories are overly broad and unduly burdensome to the extent that they 10 seek information from and identification of every person with knowledge of a particular fact. A 11 larger number of individuals may have knowledge of some of the topics inquired into. Many of 12 these people are now deceased or cannot be located. Others, though locatable, are not currently 13 employees of JMM and cannot be compelled to assist in the preparation of answers to these 14 interrogatories. Moreover, because the interrogatories seek information regarding events that 15 16 occurred many, years ago, those who had personal knowledge at the time may no longer be able to 17 recall the specific facts requested. 18 2. These interrogatories are overly broad and unduly burdensome to the extent that they 19 seek information that is not within the personal knowledge of JMM and its employees, and which 20 can only be ascertained in whole or part by detailed review of historical document. Some of these 21 documents are in JMM's possession others are equally available to plaintiffs. There is no 22 23 compilation, abstract or summary relating to these interrogatories of the records in JMM's 24 possession, and the burden of ascertaining the responses to most of the interrogatories is 25 substantially the same for the party propounding these interrogatories as for JMM. 26 3. The entire set of interrogatories are form interrogatories filled with boilerplate and are 27 propounded to every defendant without attempting to tailor them to a specific defendant based on 28 2. ii-rrn fiA/7 * TOO TC 5 (\ (: ui/'l . 1 plaintiffs' knowledge of that defendant. Many of the interrogatories only request information from 2 a time period before JMM came into existence. The failure to limit these interrogatories to 3 information related to JMM's alleged liability in these cases renders these interrogatories, as a 4 whole, irrelevant to the subject matter of these actions and not reasonably calculated to lead to the 5 discovery of admissible evidence. 6 7 4. Many of these interrogatories call for JMM to characterize the state of knowledge or S awareness of a corporation at any given time with regard to a particular fact, event or subject 9 matter. No corporation is capable of knowledge or awareness except through its managerial 10 employees whose knowledge is attributable to the corporation by operation of law. 11 5. JMM construes these interrogatories not to call for information protected by the 12 attorney-client privilege, work product doctrine or any other privilege. 13 14 RESPONSE TO INTERROGATORY NO. 1: 15 Alice Hu Nightingale. 16 RESPONSE TO INTERROGATORY NO. 2: 17 Ms. Nightingale is currently Corporate Secretary for JMM and its parent company Formosa IS 19 Plastics Corporation, U.S.A. ("FPC USA") and is also Director of Legal Division for FPC USA. 20 Ms. Nightingale has been employed by FPC USA since 1978 (except from 1987-1989) in various 21 positions including accounting officer, assistant treasurer and assistant to the president. From 22 1987-1989 she was assistant to the president of JMM. 23 RESPONSE TO INTERROGATORY NO. 3: 24 A. J-M Manufacturing Company, Inc. B. Delaware. C. December 1982. D. 9 Peach Tree Hill Road, Livingston, NJ 07039. . ;3. J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD JNTERJROOaTORJES Av'lWUi., V, IV ,*> 1 ifiiUUO r f 1 E. Yes, since 19S3. 2 F. JMM is a wholly owned subsidiary of Formosa Plastics Corporation, U.S.A. 3 G. JMM has a manufacturing facility located at 1051 Sperry Road, Stockton, CA 95206. 4 RESPONSE TO INTERROGATORY NO. 4: 5 Yes. 6 7 RESPONSE TO INTERROGATORY NO. 5: 8 J-M Pipe Manufacturing Company since 1983. 9 RESPONSE TO INTERROGATORY NO. 6: 10 Not Applicable. 11 RESPONSE TO INTERROGATORY NO. 7: 12 Not Applicable. ' 13 RESPONSE TO INTERROGATORY NO. 8: 14 15 Not Applicable. 16 RESPONSE TO INTERROGATORY NO. 9: 17 The custodian of the records relating to the sale in California of asbestos containing pipe 18 manufactured by J-M A/C Pipe Company ("JMAC") between 1983 and 1988 is Jim Reichert 19 RESPONSE TO INTERROGATORY NO. 10: 20 A. Paul Huang was a purchasing agent and Daryl Wilkinson was superintendent of 21 22 asbestos pipe manufacturing in Stockton. 23 B. JMM objects to the word "use" in this context as being vague. JMM facilitated 24 purchase of raw asbestos, pursuant to an Operations Management Agreement with JMAC, for use 25 by JMAC in manufacturing asbestos cement pipe for certain applications between 1983 and 1988. 26 Daryl Wilkinson is the former Superintendent of the asbestos pipe operation at tire Stockton plant. 27 C. JMM objects to the term "contracting with others to use raw asbestos or asbestos 28 ___________ ;__________________ 4, _____________________________________ Ci j-m Manufacturing's response to plaintiffs' standaju} interrogatories wnvuuvn vi I tfcj UWO 1 containing products" as being vague. JMM facilitated purchase of raw asbestos pursuant to an 2 Operations Management Agreement with 1MAC for use hy JMAC in manufacturing asbestos 3 cement pipe for certain applications between 1983 and 1988. 4 RESPONSE TO INTERROGATORY NO. 11: 5 Dr. E. E. Wang was employed full time by JMM up until 1990. In addition, JMM had 6 7 through its insurance carriers other industrial hygiene professionals who conducted surveys of its S plants. Discovery and investigation are continuing. 9 RESPONSE TO INTERROGATORY NO. 12: 10 Yes. Jim H^S^plaSit^aSlcilggs^in 11 HardjggfiJ nn 12 Incorporate Secretary,w^de^il`^S^^S^te?^^d^%art^Mr^f`Bh'BiB6tf7f; 13 Da^^^MiffFj^VMahager of 14 15 IS* 16 RESPONSE TO INTERROGATORY NO. 13: 17 18 19 Discojyjefyris. continuing. 20 RESPONSE TO INTERROGATORY NO. 14: 21 22 JMM is still conducting its investigation into the information sought by this interrogatory. 23 RESPONSE TO INTERROGATORY NO. 15: 24 JMM was not in existence prior to 1973. 25 RESPONSE TO INTERROGATORY NO. 16: 26 JMM was not in existence prior to 1973. 27 . 28 _____________________________ 5. _________ ____________ J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES I L. U xi:ii r.u 'no 'ixi mxu (' CKUOEAA St ( l^J o t( 7 1 RESPONSE TO INTERROGATORY NO. 17: 2 JMM was not in existence prior to 1973. 3 RESPONSE TO INTERROGATORY NO. 18: 4 JMM was not in existence prior to 1973. 5 RESPONSE TO INTERROGATORY NO. 19: 6 1 . JMM was not in existence prior to 1973. 8 RESPONSE TO INTERROGATORY NO. 20: 9 JMM's research and investigation has not revealed any information indicating that any 10 employee testified before OSHA, NIOSH, or Congress regarding asbestos. 11 RESPONSE TO INTERROGATORY NO. 21: 12 Yes. 13 A. Stockton, CA and Denison, TX. 14 15 B. JMM objects to this question as oppressive and burdensome because the response 16 necessitates the preparation of a compilation, abstract, audit or summary of or from documents 17 and/or information equally available to plaintiffs from other sources. See C.C.P. Sec. 2030(f)(2). 18 JMM will make available for inspection and copying all documents relating to industrial hygiene 19 surveys conducted at its Stockton and Denison plants. 20 C. JMM objects to this questions as oppressive and burdensome because the response 21 22 necessitates the preparation of a compilation, abstract, audit or summary of or from documents 23 and/or information equally available to plaintiffs from other sources. See C.C.P. Sec. 2030(f)(2). 24 JMM will make available for inspection and copying all documents relating to industrial hygiene 25 surveys conducted at its Stockton and Denison plants. D. Yes, the documents remaining in JMM's possession are available for inspection. E. Jim Reichert. 6'- . J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES DAUDOUA Or IgJ uuv 1 RESPONSE TO INTERROGATORY NO. 22: 2 " JMM began selling A/C Pipe manufactured by JMAC in 1983 and was never in the 3 business of installing the pipe or supervising its installation. In 1977, prior to the time JMAC 4 began manufacturing asbestos cement pipe, the A/C Pipe Producers Association commissioned a 5 detailed industrial hygiene study to determine the concentration of airborne asbestos and total dust 6 7 produced during installation of AJC Pipe in the field. A copy of this study will be made available 8 for inspection and copying. Industrial hygiene surveys conducted regarding installation ofA/C 9 Pipe by others are included in the company's historical records. Investigation and discovery are 10 continuing. 11 RESPONSE TO INTEJRROGATORY NO. 23: 12 When JMM began selling asbestos cement pipe in 1983 the product had been on the market 13 from several decades; Investigation to date has not indicated that JMM itself commissioned any 14 15 laboratory tests on the product relating to the health consequences of asbestos or the dust generated 16 by any use of the product. 17 RESPONSE TO INTERROGATORY NO. 24: 18 Yes. 19 A. Yes. 20 B. Participation was mandatory. 21 22 C. Yes. 23 D. JMM objects to the extent that the requested records contain private information. 24 Without waiving it objection JMM responds that Jim Reichert is the custodian of the records. 25 RESPONSE TO INTERROGATORY NO. 25: 26 JMM was not in existence prior to 1973. 27 28 7.___________________________________________________________ C\ ' M MAIWFaCTUKJXG'S RESPONSE TO PLAINTIFFS' STANDARD INTERKOGATORIeS ' UiWJUWWV `Jl a miy 1 RESPONSE TO INTERROGATORY NO. 26: 2 " JMM has insurance that it contends is available to cover such judgment(s). JMM is 3 informed and believes, and on that basis alleges, that the following insurance policies may cover 4 asbestos claims in whole or in pan depending upon the specific allegations made and the terms and 5 conditions of the policies: 6 7 8 INA, Philadelphia, PA, Policy No. GLP 209192, 6/15/82-7/15/83, $1 million 9 10 Various Underwriters (Lloyd's) Policy Nos. 551/UPA/0383, 551/UPA/0384, 51/UPA/0385, 6/15/82-6/15/83, $20 million 11 12 International Insurance Co., Manchester, NH, Policy No. 523 267 890 3, 6/15/83-7/15/83, $20 million . 13 14 Federal Insurance Co., Warren, NJ, Policy No. (84) 7308 20 36, 7/15/83 15 84, $1 million . 16 New York Marine Managers (currently Navigators Group, NY, NY/St. 17 Paul Insurance Co., St. Paul, MN, Policy No. JHIP83-H-147, 7/15/83-84, $20 million18 19 Federal Insurance Co., Policy No. (85) 7308 20 36, 7/15/84-85, $1 20 million 21 New York Marine Managers/St. Paul Insurance Co. Policy No. JHJP 84- 22 H-146, 7/15/84-85,520 million *. 23 INA Policy No. GLP828505, 1/1/83-84 24 25 INA Policy No. ISG GO 319482-6, 1/1/84-85 26 INA Policy No. ISL GO 319517-A, 1/1/85-86 27 _______________________ 8._______________________ J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES DKU23Ll.1V 52- l*goin 1 In addition, JMM has identified employer liability insurance policies that may cover certain 2 asBestos claims. JMM continues to search for additional applicable policies of insurance. 3 RESPONSE TO INTERROGATORY NO. 27: 4 JMM purchased the PVC pipe assets from Johns-Manville in December 1982. Asbestos 5 was and is not used in the manufacture of the PVC pipe. 6 7 RESPONSE TO INTERROGATORY NO. 28: 8 JMM facilitated purchase of raw asbestos pursuant to an Operations Management 9 Agreement with J-M A/C Pipe Company ("JMAC") for use by JMAC in manufacturing asbestos 10 cement pipe for certain applications between 1983 and 1988. . 11 RESPONSE TO INTERROGATORY NO. 29: 12 JMM never milled or MARKETED raw asbestos as that term is defined in the instructions. 13 14 RESPONSE TO INTERROGATORY NO- 30: 15 JMM sold asbestos cement pipe and couplings manufactured by JMAC between 1983 and 16 1988. 17 RESPONSE TO INTERROGATORY NO. 31: 18 A. JMM sold asbestos cement pipe and couplings manufactured by JMAC between 1983 19 and'1988. 20 B. JMM objects to the question to the extent that it calls for infonnation equally available 21 22 to plaintiff. JMM sold asbestos cement pipe and couplings manufactured by JMAC between 1983 23 and 1988. JMM understands that the product had been manufactured and sold by others for several 24 decades before 1983. 25 C. JMAC ceased production of asbestos cement pipe and couplings in Stockton, CA in 26 1987 and in Denison, TX in 1988. 27 D. The asbestos cement pipe manufactured by JMAC between 1983 and 198S contained 28 _____________________________ 9._____________________________________________ J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORS ' * . i r rt.V 'HJ *1 *1 i. u JL u f} CKUDtU SI* 1 cement, silica, asbestos and water. The exact ingredients and percentages varied over time and 2 between pipe type, but the A/C pipe generally contained approximately 12-20% of asbestos fiber. 3 The pipe contained chrysotile fiber and certain classes of pipe also contained crocidolite asbestos. 4 In terms of the specific details requested JMM objects to the question as oppressive and 5 burdensome because the response necessitates the preparation of a compilation, abstract, audit or 6 7 summary of or from documents and/or information equally available to plaintiffs from other 8 sources. See C.C.P. Sec. 2030(f)(2). JMM will make available for inspection and copying all 9 documents in its possession relating to the composition of the asbestos cement pipe manufactured io by JMAC. ' 11 E. The pipe had a rough cement gray exterior and a smooth interior. It came in various 12 diameters and lengths and was sold in various configurations including with machined ends and 13 attached couplings on some product. The pipe bad information stenciled and adhered to it that 14 15 varied depending on pipe type. 16 F. The-asbestos cement pipe manufactured by JMAC between 1983 and 1988 was 17 primarily used as water pipe, sewer pipe, drain pipe, and transmission pipe. 18 G. JMM is still investigating this information. 19 H. JMM objects to this interrogatory as harassing, oppressive and burdensome to the extent 20 that it would necessitate the preparation of a compilation, abstract, audit or summary of or from 21 22 documents and/or information equally available to plaintiffs from other sources. See C.C.P. Sec. 23 2030(f)(2). JMM will make available for Plaintiffs' inspection all non-privileged records in its 24 possession pertaining to the purchase ofraw asbestos for use in asbestos cement pipe manufactured 25 by JMAC between 1983 and 1988. Subject to and without waiving its objections, JMM responds 26 that the raw asbestos used in JMAC pipe between 1983 and 1988 came from Johns-Manville, 27 Cassiar, Bell, Cape, and possibly others as detailed in the historical documents. 28 _IQ. ' a | J-M MaNUFACTURJNG'S RESPONSE TO PUWTD-'FS' STANDARD INTERKOGATOPJS " "' *jr 10012 1 I. JMM objects to this interrogatory as harassing, oppressive and burdensome to the extent 2 that it would necessitate the preparation of a compilation, abstract, audit or summary of or from 3 documents and/or information equally available to plaintiffs from other sources. See C C.P. Sec. 4 2030(f)(2). JMM will make available for Plaintiffs' inspection all non-privileged records in its 5 possession pertaining to the sale in the GEOGRAPHIC AREA of asbestos cement pipe 6 7 manufactured by JMAC between 1983 and 1988. 8 J. All non-privileged documents in JMM's possession relating to asbestos cement pipe 9 manufactured by JMAC between 1983 and 1988 and sold by JMM are available for inspection 10 upon request. 11 RESPONSE TO INTERROGATORY NO. 32: 12 Not applicable. 13 RESPONSE TO INTERROGATORY NO. 33: 14 15 Not applicable. . 16 RESPONSE TO INTERROGATORY NO. 34: 17 JMM sold asbestos cement pipe and couplings manufactured by JMAC between 1983 and 18 1988 through a number of distributors. Investigation has not revealed that the company signed 19 exclusive agreements with these distributors. 20 RESPONSE TO INTERROGATORY NO. 35: 21 22 Not Applicable. 23 RESPONSE TO INTERROGATORY NO. 36: 24 Not Applicable. 25 RESPONSE TO INTERROGATORY NO. 37: 26 Yes. 27 A. The following warning and work practice recommendation was placed on asbestos 28 .U. a J-M MAKUTaCTURIHG'S aaSPONSE TO PLAPJTUTS' ST.U^DAa.0 FNTERR.OGATOR1ES _ A/ ;iO r A `110 *1 *1 1U1W I, zr)kudc,civ ' 141013 1 cement pipe manufactured by JMAC: 2 CAUTION 3 Do not use power saws to cut this pipe. Breathing dust created 4 by improper work practices may cause serious bodily harm. 5 When cutting, machining or tapping, refer to the recommended 6 7 , work practice guide furnished by your employer. E AVISO 9 . No use herramientas automations para cortar tuberia. Respirar . 10 el polvo producido por cortes cod herramientas automaticas 11 peude traer consecuencias graves a la salud. Consultela 12 . informacion suministrada por su supervisor antes de cortar 13 14 tomear o xoscar el material. 15 Other information included the AWWA Manual #M1S - Work Practices for Asbestos-Cement 16 Pipe, The Recommended Work Practices for A/C Pipe, A/C Pipe and Health, an A/C & Health 17 audio visual presentation, as well as information provided orally by field representatives. 18 19 Investigation is continuing. 20 B. JMM has copies of the warning and instruction for use documents described above. 21 C. The warnings and. instructions for use were provided between 1983 and 1988. 22 23 D. Investigation has not revealed any material alterations to the recommendations 24 referenced in subpart (A). 25 E. Ken Rreikeme'ter, former Sales Manager for JMM. 26 RESPONSE TO INTERROGATORY NO. 38: 27 The asbestos cement pipe manufactured by JMAC between 1983 and 1988 had information 28 _____________________________________________ 12.____________ J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES " - w \ i : i.i r,u -no -i ! ^ in id BKUDtXK SF @017 1 informacion suministrada por su supervisor antes de cortar 2" tomear o roscar el material. 3 .4 Other information included the AWWA Manual #M16 - Work Practices for Asbestos-Cement 5 Pipe, The Recommended Work Practices for A/C Pipe, A/C Pipe and Health, an A/C & Health 6 audio visual presentation, as well as information provided orally by field representatives. 7 Investigation is continuing. 8 9 RESPONSE TO INTERROGATORY NO. 50: 10 JMM is not aware of any such citation. Investigation and discovery are continuing. 11. RESPONSE TO INTERROGATORY NO. 51: 12 Not Applicable. 13 RESPONSE TO INTERROGATORYNO. 52: 14 Not Applicable, 15 . 16 RESPONSE TO INTERROGATORY NO. 53: 17 JMM objects to the terms "import, export, ship, tranship, or otherwise transport" as being 18 vague as used in this context. JMM facilitated purchase ofraw asbestos pursuant to an Operations 19 Management Agreement with JMAC for use by JMAC in manufacturing asbestos cement pipe for 20 certain applications between 1983 and 1988. JMM has not verified whether any of this fiber was 21 22 23 24 25 26 27 28 16. 0. i-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES ny w j. o ( 1 shipped through a port in the GEOGRAPHIC AREA. Discovery and investigation are continuing. 2 DATED: August 9, 2002 3 BROBECK, PHLEGER & HARRISON 4 5 Jeffrey A. Kaiser 6 Attorneys for Defendant J-M Manufacturing Company, Inc. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23' 24 25. 26 27 28 ________ ;____________________ 17. __________________ Ci J-M MANUFACTURING'S RESPONSE TO PLAINTIFFS' STANDARD INTERROGATORIES 141019 VERIFICATION I am Corporate Secretary for J-M Manufacturing, Inc. and am authorized to make this verification, on its behalf. I have read the foregoing Responses to Interrogatories and know its contents. I am informed and believe that the marters stated therein are true and on that ground certify or declare under penalty of perjury under the laws of the State of California that the same are true and correct. Dated: August ^, 2002 By Alice Hu Nightingale