Document yrqbOek7rBXGqZxMbXR9q1Jo3

SUPERIOR COURT OF WASHINGTON FOR KING COUNTY DONALD NOLL and CANDACE NOLL, husband and wife, Plaintiffs, v. UNION CARBIDE CORPORATION, etaf., Defendants. No. 13-2-06781-1 SEA J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFFS' NOTICE OF CR30(b)(6) DEPOSITION Defendant, J-M Manufacturing Company, Inc. (hereafter "JMM" or "Defendant"), hereby responds to Plaintiffs' Notice of CR 30(b)(6) Deposition of Defendant J-M Manufacturing Co., Inc. (hereafter "Deposition Notice") propounded by Plaintiffs Donald and Candace Noll (hereafter "Plaintiffs"). JMM will produce its person most knowledgeable as agreed upon by the parties and subject to the following objections. GENERAL OBJECTIONS 1. Plaintiffs' Deposition Notice indicated that Plaintiffs are seeking the production of all documents responsive to an attached "Rider." No such Rider, however, was attached to the Deposition Notice. JMM, therefore, will not be responding to any such document requests. 2. Plaintiffs have not demonstrated that the information sought from JMM cannot be J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 1 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 obtained by less intrusive means. As a result, the Deposition Notice is intended solely to harass 2 and annoy JMM and to force JMM to incur unreasonable and unnecessary expense. 3 3. JMM further objects to Plaintiffs' Deposition Notice to the extent the it attempt to 4 violate the attorney-client privilege, the attorney work-product doctrine, and other privileges and 5 protections set forth in the Washington Code of Civil Procedure. JMM reserves the right to 6 assert any and all of these applicable privileges and protections during any depositions or 7 production of documents that may take place at any time and which privileges and protections 8 cannot be asserted more specifically here because of the overbroad, duplicative, unduly 9 burdensome, harassing and oppressive nature of the Deposition Notice. 10 4. JMM further objects on the grounds that the Deposition Notice seeks a person 11 most qualified on thirty-five (35) separate topics. As such, it is overbroad, burdensome and 12 harassing, especially in light of the fact that the matters about which a person most qualified is 13 sought are alleged to have occurred many decades ago and due to the passage of time, the 14j information or witnesses sought may have been lost or has become unavailable. i51 5. JMM further objects generally on the grounds that the Deposition Notice seeks 16 information which are confidential and protected proprietary and/or trade secrets. 17 6. JMM further objects to terms set forth in the Deposition Notice on the grounds 18 that although Plaintiffs purport to use terms which are defined, the definitions contained within 19 the subject Deposition Notice are vague, ambiguous, and overly broad burdensome such that 20 JMM cannot reasonably respond without resorting to speculation. 21 RESPONSES AND OBJECTIONS TO INFORMATION SOUGHT 22 CATEGORY NO. 1: 23 All information PERTAINING TO YOUR DOCUMENT retention policy. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 2 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 RESPONSE: 2 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is overbroad, 3 overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably calculated 4 to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the attorney client 5 privilege, work product doctrine or are otherwise protected. 6 CATEGORY NO. 2: 7 All information PERTAINING TO YOUR corporate formation, acquisitions, mergers and relationships with subsidiary gitities. 8 RESPONSE: 9 JMM incorporates herein its Preliminary Statement and General Objections and 10 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 11 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to the 12 extent that it seeks information which is a matter of public record and which, therefore, is as equally accessible to Plaintiffs as to JMM. JMM further objects to this request to the 13 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 14 CATEGORY NO. 3: 15 All information PERTAINING TO sales catalogs, brochures, specification sheets, photos, 16 films, photocopies which depict any ASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 17 RESPONSE: 18 JMM incorporates herein its Preliminary Statement and General Objections and 19 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 20 case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the 21 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 3 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 CATEGORY NO. 4: 2 All information PERTAINING TO model number, model name or symbol of any of ASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 3 RESPONSE: 4 JMM incorporates herein its Preliminary Statement and General Objections and 5 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 6 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 7 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 8 CATEGORY NO. 5: 9 All information PERTAINING TO the packaging, name or logo associated with 10 any ofASBESTOS-CONTAINING PRODUCTS sold or distributed by YOU. 11 RESPONSE: 12 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 13 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 14 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 15 attorney client privilege, work product doctrine or are otherwise protected. 16 CATEGORY NO. 6: 17 All information PERTAINING TO the sales and/or distribution of any and all ASBESTOS and/or ASBESTOS-CONTAINING PRODUCTS which YOU sold or distributed within 18 the State ofWashington during the RELEVANT TIME PERIOD. 19 RESPONSE: 20 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 21 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 22 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 23 attorney client privilege, work product doctrine or are otherwise protected. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 4 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 CATEGORY NO. 7: 2 All information PERTAINING TO the brand name or supplier of ASBESTOS and ACP which YOU sold or distributed. 3 RESPONSE: 4 JMM incorporates herein its Preliminary Statement and General Objections and 5 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 6 case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the 7 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected, and to the extent that it infers 8 that JMM sold or distributed any asbestos as JMM never sold or distributed any asbestos. 9 CATEGORY NO. 8: 10 All information PERTAINING TO PERSONS to whom YOU sold or distributed ASBESTOS-CONTAINING PRODUCTS during or prior to the RELEVANT TIME PERIOD. 11 RESPONSE: 12 JMM incorporates herein its Preliminary Statement and General Objections and 13 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the 14 facts of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further 15 objects to the extent that it seeks information which is a matter of public record and which, therefore, is as equally accessible to Plaintiffs as to JMM. JMM further objects to 16 this request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 17 CATEGORY NO. 9: 18 All information PERTAINING TO PERSONS involved in the sales and/or 19 distribution of any and all of ASBESTOS-CONTAINING PRODUCTS which YOU sold or distributed within the State of Washington during the RELEVANT TIME PERIOD. 20 RESPONSE: 21 JMM incorporates herein its Preliminary Statement and General Objections and 22 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 23 case, and seeks information and documents that are not relevant or reasonably calculated J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 5 4218898.1 Williams, Kasfner & Gibbs PLLC 601 Union Street Suite4100 Seattle, Washington 98101-2380 (206) 628-6600 1 to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the attorney client 2 privilege, work product doctrine or are otherwise protected, and to the extent that it seeks information which is protected due to the privacy rights of JMM's employees. 3 CATEGORY NO. 10: 4 YOUR knowledge of the hazards of asbestos, and specifically when YOU knew that 5 asbestos could cause asbestosis, lung cancer and/or mesothelioma and how YOU learned of same. 6 RESPONSE: 7 JMM incorporates herein its Preliminary Statement and General Objections and 8 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 9 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 10 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected, and to the n extent it calls for an expert, medical, and/or scientific opinion. JMM further objects to this request on the grounds that JMM employed numerous persons throughout the course of its 12 business, any one of whom may have obtained varying degrees of knowledge regarding asbestos and asbestos-related diseases at varying points in time. When JMM, as a 13 corporation, obtained any particular knowledge cannot be determined with accuracy. 14 CATEGORY NO. 11: 15 Any precautions and procedures undertaken by YOU with respect to the hazards of asbestos. 16 RESPONSE: 17 JMM incorporates herein its Preliminary Statement and General Objections and IS further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 19 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 20 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 21 CATEGORY NO. 12: 22 The identity and description, sufficient for the purposes of a request for 23 production and/or subpoena duces tecum, of all documents in YOUR possession, custody or J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 6 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite4100 Seattle, Washington 98101-2380 (206) 628-6600 1 control admissible on the issue of YOUR profits and financial condition. 2 RESPONSE: 3 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 4 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 5 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 6 attorney client privilege, work product doctrine or are otherwise protected. 7 CATEGORY NO. 13: 8 The identity of any witnesses employed and/or related to YOU most competent to testify to YOUR (a) current financial condition; (b) net profits; (c) ability to pay a punitive damages 9 award in this matter and/or (d) gross sales and the net profits derived from the sales of asbestoscontaining products between 1982 and the present. 10 RESPONSE: 11 JMM incorporates herein its Preliminary Statement and General Objections and 12 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 13 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 14 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected, and to the 15 extent that it seeks information which is protected due to the privacy rights of JMM's employees. 16 CATEGORY NO. 14: 17 Knowledge about the level and content of the asbestos dust generated during the 18 ordinary and foreseeable installation, removal, use or repair ofACPs sold or distributed by YOU. 19 RESPONSE: 20 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 21 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 22 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 23 attorney client privilege, work product doctrine or are otherwise protected, and to the J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 7 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 extent it calls for an expert, medical, and/or scientific opinion. JMM further objects to this request on the grounds that JMM employed numerous persons throughout the course of its 2 business, any one of whom may have obtained varying degrees of knowledge regarding asbestos and asbestos-related diseases at varying points in time. When JMM, as a 3 corporation, obtained any particular knowledge cannot be determined with accuracy. 4 CATEGORY NO. 15: 5 Precautions and procedures undertaken by YOU or YOUR employees with respect to the hazards of asbestos, between 1982 and 1989. 6 RESPONSE: 7 JMM incorporates herein its Preliminary Statement and General Objections and 8 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 9 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 10 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. JMM further 11 objects on the grounds that JMM did not come into existence until January 1, 1983 and only sold A/C pipe from 1983 to 1988. 12 CATEGORY NO. 16: 13 Warnings/precautionary statements concerning asbestos accompanying ACPs sold or distributed 14 by YOU, including the content of any such waming/precautionary statements, the reasons for the waming/precautionary statements, the dates such wamings/statements were used and/or revised, the 15 manner in which they accompanied the products into the stream of commerce (e.g. via package insert, label on the product itself, etc.). 16 RESPONSE: 17 JMM incorporates herein its Preliminary Statement and General Objections and 18 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 19 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 20 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 21 CATEGORY NO. 17: 22 Any other manner in which YOU contend YOU warned potential users of the potential 23 hazards of asbestos. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 8 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 RESPONSE: 2 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 3 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 4 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 5 attorney client privilege, work product doctrine or are otherwise protected. 6 CATEGORY NO. 18: 7 When and how YOU actually became aware that wamings/precautionary statements were to be placed on asbestos containing products. 8 RESPONSE: 9 JMM incorporates herein its Preliminary Statement and General Objections and 10 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 11 case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the 12 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. JMM further objects to this 13| request on the grounds that JMM employed numerous persons throughout the course of its business, any one of whom may have obtained varying degrees of knowledge regarding 14 asbestos and asbestos-related diseases at varying points in time. When JMM, as a corporation, obtained any particular knowledge cannot be determined with accuracy. 15 CATEGORY NO. 19: 16 All information pertaining to asbestos-related claims made against YOU, or YOUR 17 workers' compensation insurance carrier, including the date(s) filed, the alleged injuries, whether or not YOU paid the claim. 18 RESPONSE: 19 JMM incorporates herein its Preliminary Statement and General Objections and 20 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 21 case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the 22 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected, and to the extent that it seeks 23 information which is protected due to the privacy rights of JMM's employees. J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 9 42I8898.I Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 CATEGORY NO, 20; 2 When and why YOU stopped selling, marketing and/or distributing products which used or contained ASBESTOS. 3 RESPONSE: 4 JMM incorporates herein its Preliminary Statement and General Objections and 5 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 6 case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the 7 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. S CATEGORY NO. 21: 9 Medical consultations/advice sought and/or received by YOU pertaining to health 10 hazards of ASBESTOS prior to or during the time that YOU were selling, marketing and/or distributing ACPs. 11 RESPONSE: 12 JMM incorporates herein its Preliminary Statement and General Objections and 13 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 14 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 15 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 16 CATEGORY NO. 22: 17 The identity of publications/articles/brochures/pamphlets of which YOU were aware that dealt 18 with asbestos-related disease, including any such information received by your client from any trade organization, and when it became aware ofthat information. 19 RESPONSE: 20 JMM incorporates herein its Preliminary Statement and General Objections and 21 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 22 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 23 request to the extent that it seeks information or documents that are protected by the J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION-10 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 attorney client privilege, work product doctrine or are otherwise protected. JMM further objects to this request on the grounds that JMM employed numerous persons throughout 2 the course of its business, any one of whom may have obtained varying degrees of knowledge regarding publications concerning asbestos and asbestos-related diseases at 3 varying points in time. When JMM, as a corporation, obtained any particular knowledge cannot be determined with accuracy 4 CATEGORY NO. 23: 5 The content of YOUR promotional materials (e.g. advertisements, catalogs, brochures, 6 etc.) pertaining to ACPs sold or distributed. 7 RESPONSE: 8 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 9 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 10 calculated to lead to the discovery of admissible evidence. JMM further objects to the ll1 extent that it seeks information which is a matter of public record and which, therefore, is as equally accessible to Plaintiffs as to JMM. JMM further objects to this request to the extent that it seeks information or documents that are protected by the attorney client 12 privilege, work product doctrine or are otherwise protected. 13 CATEGORY NO. 24: 14 Any product recall notices pertaining to ACPs sold or distributed by YOU. 15 RESPONSE: 16 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 17 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 18 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 19 attorney client privilege, work product doctrine or are otherwise protected. 20 CATEGORY NO. 25: 21 Any asbestos related OSHA violations by YOU or asbestos related violations by YOU of federal or state governmental statutes, ordinances or regulations between 1982 and the present. 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 11 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 RESPONSE: 2 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is overbroad, 3 overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably calculated 4 to lead to the discovery of admissible evidence. JMM further objects to the extent that it seeks information which is a matter of public record and which, therefore, is as equally 5 accessible to Plaintiffs as to JMM. JMM further objects to this request to the extent that it seeks information or documents that are protected by the attorney client privilege, 6 work product doctrine or are otherwise protected. 7 CATEGORY NO. 26: 8 YOUR membership in and/or affiliation with, including years of same, any of the following: American Textile Institute (ATI), Asbestos Information Association (ALA), Industrial Health 9 Foundation or Industrial Hygiene Foundation (IHF), National Insulation Manufacturers Assn. (NIMA), National Insulation Contractors Assn. (NICA), National Safety Council (NSC), American Ceramics 10 Society (ACS), National Building Materials Distributors Assn. (NIA), Sprayed Mineral Fiber Manufacturers Assn. (SMFMA), Thermal Insulation Manufacturers Assn. (TIMA), Quebec Asbestos 11 Mining Assn. (QAMA), American Society of Mechanical Engineers (ASME), and/or any other trade organization ofwhich you were a member. 12 RESPONSE: 13 JMM incorporates herein its Preliminary Statement and General Objections and 14 further objects to this request on the following specific grounds: the request is overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this 15 case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the 16 extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 17 CATEGORY NO. 27: 18 YOUR corporate history. 19 RESPONSE: 20 JMM incorporates herein its Preliminary Statement and General Objections and 21 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 22 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to the 23 extent that it seeks information which is a matter of public record and which, therefore, is J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION-12 . 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206)628-6600 1 as equally accessible to Plaintiffs as to JMM. JMM further objects to this request to the extent that it seeks information or documents that are protected by the attorney client 2 privilege, work product doctrine or are otherwise protected. 3 CATEGORY NO. 28: 4 Any and all documents, which relate, in any way, to health hazards or problems associated with the use of ACPs sold or distributed by YOU. 5 RESPONSE: 6 JMM incorporates herein its Preliminary Statement and General Objections and 7 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 8 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 9 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected, and to the 10 extent it calls for an expert, medical, and/or scientific opinion. 11 CATEGORY NO. 29: 12 Knowledge regarding the ordinary and intended use ofACPs sold or distributed by YOU. 13 RESPONSE: 14 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 15 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 16 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 17 attorney client privilege, work product doctrine or are otherwise protected. 18 CATEGORY NO. 30: 19 YOUR understanding of the potential health effects and risks associated with asbestos as demonstrated by the development and publication of federal Occupational Safety and Health 20 Administration (OSHA) guidelines. 21 RESPONSE: 22 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 23 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION-13 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 2 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. JMM further 3 objects to this request on the grounds that JMM employed numerous persons throughout the course of its business, any one of whom may have obtained varying degrees of 4 knowledge regarding the potential health effects and risks associated with asbestos at varying points in time. When JMM, as a corporation, obtained any particular knowledge 5 cannot be determined with accuracy 6 CATEGORY NO. 31: 7 All information regarding your compliance with all applicable requirements, specifications and/or guidelines provided by OSHA and/or other federal or state governmental 8 authorities overseeing workplace health and safety. 9 RESPONSE: 10 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 11 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 12 calculated to lead to the discovery of admissible evidence. JMM further objects to the extent that it seeks information which is a matter of public record and which, therefore, is 13 as equally accessible to Plaintiffs as to JMM. JMM further objects to this request to the extent that it seeks information or documents that are protected by the attorney client 14 privilege, work product doctrine or are otherwise protected. 15 CATEGORY NO. 32: 16| All information pertaining to PERSONS with responsibility for YOUR compliance with all applicable requirements, specifications and/or guidelines provided by OSHA and/or other federal or 17 governmental authorities overseeing workplace health and safety. 18 RESPONSE: 19 JMM incorporates herein its Preliminary Statement and General Objections and further objects to this request on the following specific grounds: the request is vague, 20 overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts of this case, and seeks information and documents that are not relevant or reasonably 21 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 22 attorney client privilege, work product doctrine or are otherwise protected. 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 14 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 CATEGORY NO. 33: 2 All information pertaining to any patents held by YOU, acquired by YOU, or for which YOU applied, concerning YOUR ASBESTOS-CONTAINING PRODUCTS. 3 RESPONSE: 4 JMM incorporates herein its Preliminary Statement and General Objections and 5 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 6 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 7 request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 8 CATEGORY NO. 34: 9 All information pertaining to studies, industrial hygiene surveys, or other testing, 10 conducted by YOU, on YOUR behalf, or by anyone else, concerning YOUR ASBESTOS- CONTAINING PRODUCTS. 11 RESPONSE: 12 JMM incorporates herein its Preliminary Statement and General Objections and 13 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 14 of this case, and seeks information and documents that are not relevant or reasonably calculated to lead to the discovery of admissible evidence. JMM further objects to this 15j request to the extent that it seeks information or documents that are protected by the attorney client privilege, work product doctrine or are otherwise protected. 16 17 CATEGORY NO. 35: 18 All information pertaining to studies, industrial hygiene surveys or other testing, conducted by YOU, on YOUR behalf, or by anyone else, concerning the effects of inhalation of 19 ASBESTOS, including but not limited to ASBESTOS emanating from YOUR ASBESTOSCONTAINING PRODUCTS. 20 RESPONSE: 21 JMM incorporates herein its Preliminary Statement and General Objections and 22 further objects to this request on the following specific grounds: the request is vague, overbroad, overly burdensome, lacks foundation and is not reasonably tailored to the facts 23 of this case, and seeks information and documents that are not relevant or reasonably J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 15 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 calculated to lead to the discovery of admissible evidence. JMM further objects to this request to the extent that it seeks information or documents that are protected by the 2 attorney client privilege, work product doctrine or are otherwise protected. 3 DATED this 2nd day of August, 2013. 4 5 s/David A. Shaw. WSBA #08788 David A. Shaw, WSBA #08788 6 Amanda L. Spencer, WSBA #42023 Attorneys for J-M Manufacturing Company, 7 Inc. WILLIAMS, KASTNER & GIBBS PLLC 8 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 9 Fax: (206)628-6611 10 Email: dshaw@,williamskastner.com: aspencer@williamskastner.com 11 12 13 14 15 16 17 18 19 20 21 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 16 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street, Suite 4100 Seattle, Washington 98)01-2380 (206)628-6600 1 CERTIFICATE OF SERVICE 2 The undersigned certifies under penalty of perjury under the laws of the State of 3 Washington that on the below date, I caused to be served via email, messenger, and/or U.S. Mail, 4 postage pre-paid, a true and correct copy of the foregoing document to the following: 5 Benjamin R. Couture Brian D. Weinstein 6 WEINSTEIN COUTURE PLLC 1001 Fourth Avenue, Suite 4400 7 Seattle, WA 98154 Email: service@weinsteincouture.com 8 Attorneysfor Plaintiffs 9 Rob Woodward Ryan J. Kiwala SIMMONS BROWDER GIANARIS ANGELIDES & BARNERD LLC One Court Street Alton, IL 62002 Email: rwoodward@,simmonsfirm.com: rkiwala@simmonsfirm.com Co-counselfor Plaintiffs 10 Melissa K. Roeder Polly K. Becker 11 FORSBERG & UMLAUF 901 Fifth Avenue, Suite 1400 12 Seattle, WA 98164 Email: asbestos3@forsberg-umlauf.com: 13 pbecker@forsberg-umlauf.com Attorneyfor American Biltrite, Inc. 14 15 Christopher S. Marks Eliot M. Harris Rachel Tallon Reynolds SEDGWICK, LLP 520 Pike Street, Suite 2200 Seattle, WA 98101 Email: chris.marks@sedgwicklaw.com: eliot.harris@sedgwicklaw.com: rachel.revnolds@sedgwicklaw.com Attorneysfor CBS Corporation; General Electric Company 16 Diane J. Kero GORDON THOMAS HONEYWELL, LLP 17 600 University Street, Suite 2100 Seattle, WA 98101 18 Email: service@gth-law.com Attorneyfor CertainTeed Corporation; Bird, 19 Inc. Jeanne F. Loftis BULLIVANT HOUSER BAILEY PC 888 SW Fifth Avenue, Suite 300 Portland, OR 97204-2089 Email: asbestos-pdx@bullivant.com Attorneyfor Borneo Products Texas, Inc. 20 21 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 17 . 4218898.1 Williams, Kastner & Gibbs PLLC e0\ Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 1 Mark J. Fucile Daniel J. Reising 2 FUCILE & REISING, LLP 800 NW Sixth Avenue, Suite 211 3 Portland, OR 97209 Email: service@frllp.com 4 Attorneysfor FordMotor Company 5 Jim Gidley 6 PERKINS COIE LLP 1120 NW Couch Street, 10th Floor 7 Portland, OR 97209 Email: igidlev@perkinscoie.com 8 Attorneyfor Honeywell International, Inc. Barry N. Mesher Brian D. Zeringer SEDGWICK, LLP 520 Pike Street, Suite 2200 Seattle, WA 98101 Email: barrv.mesher@sedgwicklaw.com: brian.zeringer@sedgwicklaw.com Attorneysfor Georgia-Pacific, LLC Erin P. Fraser PERKINS COIE LLP 1201 3rd Ave Ste 4800 Seattle, WA 98101-3099 Email: HW asbestos SEA@Perkinscoie.com Co-counselfor Honeywell International, Inc. 9 Steven W. Fogg Hugh E. Handeyside 10 CORR CRONIN LLP 1001 Fourth Avenue, Suite 3900 11 Seattle, WA 98154-1051 Email: asbestos@corrcronin.com: 12 sfogg@corrcronin.com: hhandevside@corrcronin.com 13 Attorneysfor Industrial Holdings Corporation 14 J. Michael Mattingly 15 RIZZO MATTINGLY BOSWORTH PC 411 SW Second Avenue, Suite 200 16 Portland, OR 97204 Email: recordsmanagement@,rizzopc.com 17 Attorneysfor Kelly-Moore Paint Company, Inc. 18 Timothy K. Thorson 19 CARNEY BADLEY SPELLMAN, P.S. 701 Fifth Avenue, Suite 3600 20 Seattle, WA 98104 Email: asbestos@camevlaw.com 21 Attorneyfor Saberhagen Holdings, Inc. 22 Mark B. Tuvim Kevin J. Craig GORDON & REES, LLP 701 Fifth Avenue, Suite 2130 Seattle, WA 98104 Email: asbestos-sea@.gordonrees.com Attorneysfor Ingersoll-Rand Company Marissa A. Alkhazov BETTS PATTERSON MINES 701 Pike Street, Suite 1400 Seattle, WA 98101 Email: malkhazov@bpmlaw.com: betts-asbestos@bpmlaw.com Attorneyfor Pfizer, Inc. Ronald C. Gardner GARDNER TRABOLSI & ASSOCIATES, PLLC 2200 Sixth Avenue, Suite 600 Seattle, WA 98121 Email: asbestos@gandtlawfirm.com Attorneyfor Simpson Timber Company; Simpson Lumber, LLC 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 18 4218898.1 Williams, Kastner & Gibbs PLLC 601 Uniok Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600 I Jeffrey M. Wolf Amanda L. Spencer 2 WILLIAMS, KASTNER & GIBBS 601 Union Street, Suite 4100 3 Seattle, WA 98101 Email: wkgasbestos@williamskastner.com 4 Attorneysfor Kaiser Gypsum Company, Inc. 5 Signed at Seattle, Washington this 2nd day ofAugust, 2013. 6 s/Diane M. Bulis 7 WILLIAMS, KASTNER & GIBBS PLLC 8 601 Union Street, Suite 4100 Seattle, WA 98101-2380 Telephone: (206) 628-6600 9 Fax: (206)628-6611 Email: dbulis@williamskastner.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 J-M MANUFACTURING COMPANY, INC.'S OBJECTIONS TO PLAINTIFF'S NOTICE OF CR30(b)(6) DEPOSITION- 19 4218898.1 Williams, Kastner & Gibbs PLLC 601 Union Street Suite 4100 Seattle, Washington 98101-2380 (206) 628-6600