Document zo1XLMYq54vwe2GnMy0e78pN6

SEP.u4.a7* w.426^ SIDNEY RIVERS, JR., et al. vs. OWENS-CORNING FIBERGLAS CORP., et al. NO. 96-02651-H IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 160th JUDICIAL DISTRICT DEFENDANT ILLINOIS CENTRAL RAILROAD COMPANY'S RESPONSES AND OBJECTIONS TO PLAINTIFF WILLIAM ADAMS' REQUEST FOR PRODUCTION SUBJECT TO AND WITHOUT WAIVING SPECIAL APPEARANCE TO PRESENT MOTION OBJECTING TO JURISDICTION TO: WILLIAM ADAMS, by and through his counsel ofrecord, Peter A. Kraus, Baron & Budd, P.C., 3102 Oak Lawn Ave., Suite 1100, Dallas, Texas 75219-4281. Pursuant to Rules 120a, 166b and 169 ofthe Texas Rules of Civil Procedure, Defendant Illinois Central Railroad Company ("ICRC") hereby files its Responses and Objections to Plaintiff William Adams* Request for Production, Subject to and Without Waiving Special Appearance to Present Motion Objecting to Jurisdiction. By_[ Thomas R. Beters GUNQLACH, LEE, EGGMANN, BOYLE & ROESSLER 5000 West Main Street, P.O, Box 23560 Belleville, IL 62223-0560 Telephone: (618)277-9000 Scott P. Hazen BROWN McCARROLL & OAKS HARTLINE 300 Crescent Court, Suite 1400 Dallas, TX 75201-6929 (214) 999-6100 ATTORNEYS FOR DEFENDANTS ILLINOIS CENTRAL CORPORATION and ILLINOIS CENTRAL RAILROAD COMPANY I. PREL1 WIW ARY STATEMENT AND OBJECTIONS Subject to and without waiving its current or any future special appearances, 1CRC makes this preliminary statement and these objections: ICRC currently has special appearance motions pending in various cases in Dallas County, Texas. Each ofthese cases involve numerous Plaintiffs who are residents ofstates other than Texas. Each and every objection, response or matter contained in these responses and answers is made strictly subject to and without waiving any pending special appearance motion. To the extent that ICRC is named and served as a party in future cases in Dallas County, these responses shall also be subject to and without waiving any future special appearance motions. ICRC expressly objects to each and every discovery request to the extent that it seeks any information in those cases wherein a special appearance is pending for the reason that such discovery requests are not related to any special appearance motion or likely to lead to the discovery of evidence admissible in a special appearance hearing. ICRC does not own or control any railroad track in Texas. ICRC will provide substantive responses to those requests related tojurisdictional issues as they relate to those Plaintiffs who have sued ICRC. However, ICRC objects to each and every discovery request and/or interrogatory to the extent that it is unrestricted as to subject, time and geography on the grounds that such requests/interrogatories are unreasonably burdensome and not reasonably related to the discovery ofjurisdictional evidence related to such claims. -2- n. GENERAL OBJECTIONS 1. ICRC further objects to each and every discovery request, interrogatory and request for admission to the extent that they require ICRC to search through all corporate documents on the ground that such requests are clearly overly board, unduly burdensome, exceptionally expensive, and not reasonably related to the discovery ofevidence relevant to the claims ofPlaintiffs claiming injury arising out of alleged exposure while employed by ICRC in Texas. 2. ICRC further objects to those requests as a whole, since they seek matters which are privileged under the Texas Rules ofCivil Procedure and Texas Rules ofCivil Evidence, including, but not limited to, information and matters precluded by the attomey/client privilege, attomey/work product exemption and the party communications privilege. 3. ICRC furtherobjects to the definitions set forthat the beginning ofPlaintiffs' requests as an improper attempt to give meanings to ordinary English words that are contrary to their accepted meanings and which render the requests ambiguous, overly broad and/or unduly burdensome to answer. 4. ICRC further objects to Plaintiffs* requests as vague since they are not limited to the time and location when and where Plaintiffs were allegedly employed by ICRC. 5. ICRC expressly incorporates each and every general objection and preliminary statement into its response to each interrogatory, subject to and without waiving its special appearance motion objecting to jurisdiction. 6. ICRC objects to any request relating to any topic other thanjurisdiction, as it has a special appearance on file in this matter and inquiries beyond the issue ofjurisdiction are unduly burdensome on defendant in that it has insufficient contacts with Texas. 3 - RESPONSES TO REQUESTS FOR PRODUCTION REQUEST FOR PRODUCTION NO. 1: Produce any and all documents (memoranda and/pr other writings, including but not limited to books, pamphlets, or other written materials of any kind or character) in your possession, custody or control which would indicate that asbestos fibers, when inhaled, can be hazardous to the health of human beings. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the metal impressions and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166(3)(c); the party communications privilege, Tex R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant'sjurisdictional contacts, ifany, with the State ofTexas and is therefore, beyond the scope of permissible discoveiy while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further object to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states it possesses no such documents other than those gathered by its attorneys in anticipation of litigation, subject to both the attorney-client and work produce privileges. REQUEST FOR PRODUCTION NO. 2: Produce any and all documents (memoranda and/or other writings) in your possession, custody or control that in any way related to the hazards of asbestos and/or airborne asbestos. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party -4- communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant incorporates its response to the previous requests as its response herein. REQUEST FOR PRODUCTION NO. 3: Produce any and all documents in your possession, custody or control which were disseminated or published by any person, trade association or organization of any type and that contain information relating to the hazards of asbestos and/or airborne asbestos. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. -5- Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states none other than that already produced by parties to this litigation, or those documents created or obtained in anticipation of litigation. REQUEST FOR PRODUCTION NO. 4: Produce any and all safety meeting minutes or other documents, memoranda and/or writings that refer to the dangers of asbestos and/or safety measures to be taken by crew members or workers or employees in the vicinity of asbestos-containing products and/or machinery requiring the use of asbestos or asbestos-containing products and/or materials on Defendant's railroad. Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it is in possession of no such documents. REQUEST FOR PRODUCTION NO. 5: Produce any and all contracts, memoranda, and/or other writings that in any way reflect arrangements made for the removal ofasbestos and/or the installation of asbestos-containing products [on] Defendant's railroad(s). -6- RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states it is unable to further respond to this request without information from plaintiffregarding locations where he worked. REQUEST FOR PRODUCTION NO. 6: Produce any and all documents that in any way reflect a removal plan or organized written criteria or schedule for the removal of asbestos on Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. -7- Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant incorporates its response to the previous request as its response herein. REQUEST FOR PRODUCTION NO. 7: Produce any and all documents that discuss or relate in any way to removal ofasbestos from any Defendant's raiiroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general,objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant incorporates its response to request No. 6 as its response herein. REQUEST FOR PRODUCTION.NO. 8: Produce any and all documents related to the medical condition ofPlaintiffat any time during his employment with Defendant. This request specifically includes, but is expressly not limited to, any and all x-rays, x-ray reports, medical notes and/or medical records of any kind, including annual physical forms. -8- RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to die discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, Harassing and would require an unreasonable amount oftime and expense on the part ofDefendant to compile. Subject to and without waiving its previously riled objection, defendant shall make available for inspection and photocopying plaintiffs personnel rile upon reasonable request Defendant has also obtained medical records from providers disclosed by plaintiffwhich are similarly available. REQUEST FOR PRODUCTION NO. 9: Produce any and all documents that indicate and/or refer to in any way a decision and/or discourse related to ceasing the use of asbestos-containing products on Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. -9- Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents in its possession. REQUEST FOR PRODUCTION NO. 10: Produce any and all specifications, blue prints, documents, memoranda and/or other writings that reflect and/or demonstrate in the form of a part and/or chart the location and dimensions of all car(s) and/or engine(s), locomotives roundhouses and/or shops upon which and the vicinity ofwhich Plaintiffworked and specifically including, but not limited to, the location and/or placement, repair, installation and/or use of asbestos-containing products at any tine within the last thirty-five (35) years on the railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states it requires information from plaintiff regarding where he worked to further respond to this request. -10- REQUEST FOR PRODUCTION NO. 11: Produce any photographs ofasbestos products in place or asbestos products being used, fabricated and/or utilized on Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, and limited to Mobile, Alabama from 1971 to 1984, defendant states that it has no such documents in its possession. REQUESXEOR PRODUCTION NO. 12: Produce any actual warning signs or photographs of warning signs or other statements in place at any time relating to asbestos-containing products [in place] at any time during the last thirty-five (35) years on Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore. -11- beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents in its possession. REQUEST FOR PRODUCTION NO. 13: Produce any documents which indicate in any way that individuals claimed injury to their lungs as a result of exposure to asbestos on any of Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that, as indicated in its answers to interrogatories, it began receiving claims alleging asbestos related injuries. -12- To date, plaintiffs claim is the only claim it has received related to a carman or pipefitter in Mobile, Alabama from anyone other than plaintiffs represented by plaintffs counsel. REQUEST FOR PRODUCTION NO. 14: Produce any documents, minutes or other notes or records from any meetings at which the hazards and/or potential hazards ofasbestos were discussed by officers, agents, and/or employees of Defendant RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents other than those protected by the attorney-client or work product privilege. REQUEST FOR PRODUCTION NO. 15: Produce any and all documents, including invoices, shipping receipts, bills oflading, purchase orders, or other documents ofa similar nature related to the purchase of asbestos-containing products for use on Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. -13- Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that h is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents in its possession. Further, defendant has made available for inspection and photocopying on August 21,1997, the April 29,1987 deposition of O. O. Albritton, employee of Illinois Central Railroad Company from 1918 to 1968 and Director ofPurchasing and Stores from 1947 to 1968. REQUEST FOR PRODUCTION NO. 16: Produce any and all documents reflecting in any way any inspections by labor inspectors, insurance company inspectors or anyone from Defendant's company or hired by Defendant where asbestos-containing products were being used or installed and that included the taking or measure of"dust counts." This request specifically includes any and all of Defendant's's railroad(s) and railway car(s) and/or engine(s) and/or locomotive(s) and/or roundhouse(s) or shops during the last thirty-five (35) years. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. -14- Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states that it does not have possession of any such documents. REQUEST FOR PRODUCTION NO. 17: In the event that Defendant performed or had performed any dust level counts with respect to asbestos dust on any ofits railroads, produce any documents that in any way reflect or discuss the results of such studies or counts and actions, or potential actions, ifany, taken as a result of such counts or studies. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid.503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant incorporates its response to the previous request. -15- REQUEST FOR PRODUCTION NO. 18: Please provide all documents referred to on answering Plaintiffs interrogatories propounded to the Defendant, identifying with specificity which documents were used to answer which interrogatories. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has produced or made available all documents described in its answers to interrogatories. REQUEST FORPRODUCTiON NO. 19: (1) Please provide a curriculum vitae for each and every expert witness or expert that the Defendant has retained or employed and cannot unequivocally state will not be a witness on its behalf at trial; and (2) with respect to any and all expert witnesses) identified in subpart (1), please provide any and all documents or tangible things including, but not limited to, all tangible reports, drawings, charts, exhibits, physical models, compilations of data, factual observations, tests, calculations, photographs, diagrams, sketches, movies, videotapes and tape recordings, opinions, supporting data and other documents and/or things reviewed and/or relied upon by him or her in formulating his or her opinions and conclusions on this case, including all learned treatises (texts, articles, studies, monographs, etc.) and consultant expert work product which forms the basis, in whole or in part, of the witness(es)' opinions or which he or she believes substantiates ro corroborates his or her conclusions regarding this lawsuit. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to -16- answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Subject to and without waiving its previously filed objection, defendant states that all curriculum vitae and records which form the basis ofthe opinions ofits experts have been produced or made available or are in the possession ofplaintiffs in this case or Bethel. The curriculum vitae of an examining physician will be provided when plaintiff provides himself for examination and deposition. Defendant continues to object to production of articles and treatises and consultant information as protected by the work product privilege. REQUEST FOR PRODUCTION NO. 20: As to alio such potential legal entities who are not now a party to this lawsuit, but who may be responsible for the incident in question, please provide: A. All documents tending to establish such liability, and, B. A list of all tangible witnesses or things that may be reviewed tending to establish such liability, along with their location and the identity of the person to contact you view such tangible things. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. -17- Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that the only "potential legal entities" who "may be responsible for the incident" who are not parties to this lawsuit are limited to plaintiffs smoking. Defendant has no documents in its possession identifying any of these entities. REQUEST FOR PRODUCTION NO. 21: Provide a copy of each policy of liability insurance intended to provide coverage to the Defendant, its agents and/or employees for liability on the date in question for allegations such as those delineated in Plaintiffs Original Complaint (and all amended complaints thereafter) including, but not limited to, all primary and excess policies covering the Defendant on the date in question, indicating the name and address of each carrier. RESPONSE: Subject to DefendantVs special appearance and without waiving same, Defendant hereby incorporates a preliminary statement and general objections. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Subject to and without waiving its previously filed objection, defendant incorporates its answer to interrogatory No. 3. These binders were available for inspection on August 21,1997, or any other reasonably convenient time. REQUEST FOR PRODUCTION NO. 22: Provide a copy of all invoices, purchase orders, agreements, contracts correspondences, telefaxes, and/or documents ofany type of passing between this Defendant and any other entity regarding the acquisition, ordering, purchasing, supplying, removal or distribution ofasbestos-containing products by Defendant during the time period Plaintiff was employed by Defendant. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks -18- information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part ofDefendant to compile. Subject to and without waiving its previously tiled objection, defendant states: None known. REQUEST FOR PRODUCTION NO. 23: Provide a copy of all documents form which your present net worth may be ascertained. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. -19- Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Such information could only be relevant to the issue of punitive damages, which are not requested or recoverable in this action. Subject to and without waiving its previously filed objection, defendant states that its 1996 Annual Report has been produced. REQUEST FOR_PRODUCTIQN NO. 24: Provide a copy of all photographs, diagrams, videotapes, slides and/or movie film ofDefendantYs railroad(s), owned or operated by Defendant including, but specifically not limited to the engine room, boiler room, common areas, living quarters, railroads, roundhouses, shops, locomotives, or transport cars. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states that it requires information regarding places where plaintiff worked before it can further respond to this request. REQUEST FOR PRODUCTION M). 25: by the Defendant relating to the Plaintiff. Provide a copy ofall medical records obtained - 20 - RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and die lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that such documents are available for inspection at any reasonable time. Defendant further states that the only such documents it has in its possession relate to medical providers identified by plaintiff in discovery, or from experts which have been previously produced. REQUEST FOR PRODUCTION NO. 26: Provide a copy ofall documents including but not limited to invoices, purchase orders, agreements and contracts involving Defendant as a result of the transport, use, installation, repair, replacement, removal and/or applying of asbestos- containing products on the railroad. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, -21 - beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it does not have in its possession any such documents related to any of its facilities in Mobile, Alabama, where plaintiffworked. REQUEST FOR PRODUCTION NO. 27: Provide a copy of all documents regarding safety, safety training and/or safety meetings provided to or for the benefit of Plaintiff and other railroad workers to asbestos or asbestos-containing products on the railroad. Include any documents given out at such safety meetings and copies ofthe minutes ofor notes from all safety meetings held for the benefit ofthe employees or crew members that worked on the railroad in the last thirty-five (35) years. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. -22- Subject to and without waiving its previously tiled objection, defendant states that it has no such documents in its possession. Defendant does have in its possession Safety Rules dated (l) August 1, 1931 (revised September 16, 1940); (2) January 1, 1946; (3) February 1, 1956; (4) April 15,1966; (5) February 23, 1973; (6) January 1,1978; and (7) December 1,1994, which will be made available for inspection and copying on August 20,1997. REQUEST FOR PRODUCTION NO. 28: Provide a copy of all Defendant's safety and policy manuals regarding the use ofor exposure to asbestos-containing products from 1930 to the present RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents in its possession. For defendant's safety rules, see defendant's response to the previous request. REQUEST FOR PRODUCTION NO. 29: Provide a copy ofall personnel files maintained by Defendant and/or any agent ofDefendant concerning the Plaintiffincluding but not limited to all earnings fries, administrative files, and any files concerning any physical examination conducted by the Defendant or for the benefit of the Defendant regarding Plaintiff either for hiring purposes, screening purposes or otherwise. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to -23- answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that plaintiffs personnel file shall be made available for inspection and photocopying upon reasonable request. REQUEST FOR PRODUCTION NO. 30: Provide a copy of all reports, investigations, transcripts, memoranda, correspondence and/or documents of any type you received from, or sent to any city, county, state, or federal entity, including but not limited to the EPA, NIOSH, NIEHS or OSHA regarding either the potential health hazards or dangers associated with exposure to asbestos- containing products or airborne asbestos, and/or regarding any surveys, testing or other actions taken to determine the presence of and concentration of airborne asbestos on such of Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore. -24- beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it requires further information regarding plaintiffs work locations before it can further respond to this request REQUEST FOR PRODUCTION NO. 31: Provide a copy ofall safety inspection or site inspection records referencing in any way asbestos or asbestos-containing products used on Defendant's raiiroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states see previous response to request No. 30. REQUEST FOR PRODUCTION NO. 32: Provide a copy of all Defendant's safety inspection policies and procedures in effect during the time Plaintiff was employed by Defendant regarding the handling of, application, use or exposure to asbestos-containing products. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege. -25- Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it does not possess any such documents. REQUEST FOR PRODUCTION NO. 33: Provide a copy ofany and all photographs or video recordings, sketches, drawings, or pictures in Defendant's custody or control or that ofyour attorneys, or of any agent or representative of you or your attorney, whether made as part of the reports of experts or made by you, your attorney, or persons acting as your agents or representatives, and pertaining to any Defendant's railroad(s), including, but not limited to, locomotives, engine rooms, boiler rooms, railyards, roundhouses, shops and common areas, concerning any asbestos- containing products in those areas. Request is hereby made for one print of each photographs or video recording produced in response to this request. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. -26- Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it requires more information regarding plaintiffs work location before it can further respond to this request Defendant also incorporates its response to subpoena in this case. REQUEST FOR PRODUCTION NO. 34: Produce a copy ofany reports prepared by any person you plan to call as an expert witness at the time oftrial which pertain to the incident made the basis of this suit, specifically including all factual observations and opinions of consulting experts, if such consulting expert's opinion forms the basis ofany opinions, theories, or conclusions reached by any testifying experts, and any accompanying photographs, drawings, charts, models, video recordings or their visual aids to such reports. Ifany expert has not prepared a written report, or ifthe information mentioned above has not been complied into report form, then request is hereby made that each expert make a written report containing all said information and that each report be produced for inspection and copying. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request to the extent that it seeks to require Defendant to create document(s) not yet in existence. Subject to and without waiving its previously filed objection, defendant states that all expert reports have been previously produced in this case or Bethel. A report of an examining physician and/or expert pulmonologist/radioiogist will be produced when plaintiffis provided for examination or x-rays or other records are provided for review by defendant's experts. REQUEST FOR PRODUCTION NO. 35: Any and all documents prepared by, delivered to, or in the possession ofany person you plan to call as an expert witness at the time of the trial, or who won't be called as a witness but whose work product forms a basis in whole or in part of an expert who will be called to testify, which related to any fact or matter that is the subject ofor related to the subject of this suit. -27- RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Subject to and without waiving its previously filed objection, defendant asserts that all documents in its possession that were provided to any experts relating to this action have been produced or made available. All documents prepared by its experts relating to this action have been produced See response to previous request as further response herein. Defendant's experts could have a myriad ofdocuments which would touch tangentially on issues in this case, such as medical articles and related documents, which are not specifically identified with this particular action or this defendant, production of such documents to which defendant continues to object. REQUEST FOR PRODUCTION NO. 36: All .witness statements or other documents generated or obtained in any investigations into the asbestos exposure made the basis ofthis lawsuit whether signed or unsigned. If you content any such document is privileged, please identify specifically each document withheld, along with the specific privilege asserted. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly board and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Subject to and without waiving its previously filed objection, defendant states that it has no such documents in its possession. REQUEST FOR PRODUCTION NO. 37: Any models, visual aids, experiments, documents or other writings or any items of demonstrative evidence prepared or preserved by you, your attorney, your experts, or any other person acting on your behalfthat will be used in the trial ofthis lawsuit. -28- RESPONSE; Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166fe(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Subject to and without waiving its previously filed objection, defendant states that it does not intend to use any models or perform any experiments at trial. Blow-ups of documents as well as medical related items may be used at trial. Documentary evidence has been previously identified by all parties to this action. REQUEST FOR PRODUCTION NO. 38: Please provide curriculum vitae for all expert witnesses that Defendant intends to consult or call as witnesses at the trial ofthis case. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Subject to and without waiving its previously filed objection, defendant states that with respect to expert witnesses it intends to call at trial, all such documents have been produced. See response to request No. 34 as further response to this request. REQUEST FOR PRODUCTION NO. 39: Copies of all depositions of any person previously employed by you specifically including, but not limited to Defendant or Defendant's employees. -29- representatives, or agents, taken in connection with any alleged asbestos exposure at Defendant's railroad(s). RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Subject to and without waiving its previously filed objection, defendant states that it has no such documents relating to any pipefitter or carman who worked in Mobile, Alabama. REQUEST FOR PRODUCTION NO. 40: Provide a copy of each and every document (including all reports, memos, photographs, statements and any material collected or acquired ofany investigation, and all correspondence between Defendant and Defendant's insurer, and any reports, notes or any other documents regarding testing, examinations, inspection, or opinions related in any way to asbestos or any other communication from any individual or entity to Defendant, Defendant's insurer or any agent or representative ofDefendant or Defendant's insurer concerning this incident or any injuries or disabilities allegedly resulting therefrom) in Defendant's possession or control, or that of Defendant's insurer, health insurer, disability insurer, liability insurer, or other insurer, relating to Defendant's claim or the investigation ofthis incident by Defendant, Defendant's insurer, or any individual or entity engaged for such a purpose. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3)(d); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, - 30 - beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. REQUEST FOR PRODUCTION NO. 41: Provide a copy of all accident, injury or illness reports concerning the Plaintiffprepared by and/or for Plaintiffs' employees) and/or agents in the general course ofbusiness. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. I66b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states see personnel file. REQUEST FOR PRODUCTION NO. 42: Provide copies of any and all safety standards, regulations, rules or codes pertaining in any way to asbestos or inhalation of toxic fumes or -31- substances, whether promulgated by government or private industry, or Plaintiff's employer from 1930 to the present RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part ofDefendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents other than those previously identified or produced by any party to this action or those having force of law which are equally accessible to plaintiff. With respect to this particular case, defendant specifically refers to 45 U.S.C. 51 etseq. REQUEST FOR PRODUCTION NO. 43: Provide a copy of any and all contracts and/or agreements of any kind (if oral, reduce the agreement to writing) made by Defendant to supply masks and/or other safety equipment to the Plaintiff or any other employees or railroad workers. RESPONSE: Subject to Defendant's special appearance and without waiving same, Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. -32- Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. REQUEST FOR PRODUCTION NO. 45: Provide copies ofany and all documentation which in any way relates to the transport by Defendant's railroad(s) ofasbestos-containing products. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3Xa); the witness statement exemption, Tex. R. Civ. P. I66b(3Xc); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks infonnation which is irrelevant, immaterial and not reasonably calculated to lead to the discovery ofadmissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount of time and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant states that it has no such documents relating to any of its facilities in Mobile, Alabama. REQUEST FOR PRODUCTION NO. 46: Provide a copy of all documents, reports and other material identified in Answer to Request No. 12. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. -34- Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to die discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. Subject to and without waiving its previously filed objection, defendant incorporates its response to request No. 12 as its response herein. REQUEST FOR PRODUCTION NO. 47: Please produce any and all x-rays, MRls, CT-scans, videotapes, or other electronically or technologically created representations, depictions, picturizations, imaging or imagery collected by Defendant in the course ofdiscovery. RESPONSE: Subject to Defendant's special appearance and without waiving same. Defendant hereby incorporates its preliminary statement and general objections. Defendant further objects to answering this request for the reason that it is overly broad and because of its breadth seeks information and matters privileged pursuant to the mental impression and work product privilege, Tex. R. Civ. P. 166b(3)(a); the witness statement exemption, Tex. R. Civ. P. 166b(3)(c); the party communications privilege, Tex. R. Civ. P. 166b(3Xd); and the lawyer/client privilege, Tex. R. Civ. Evid. 503. Defendant further objects to this request for the reason that it seeks information which is irrelevant, immaterial and not reasonably calculated to lead to the discovery of admissible evidence related to Defendant's jurisdictional contacts, if any, with the State of Texas and is, therefore, beyond the scope of permissible discovery while Defendant has a Special Appearance motion pending. Defendant further objects to this request for the reason that it does not limit itself to a reasonable time period as related to the issues in this case, and is, therefore, beyond the scope of permissible discovery. Defendant further objects to this request for the reason that it is overly broad, burdensome, harassing and would require an unreasonable amount oftime and expense on the part of Defendant to compile. -35- Subject to and without waiving its previously filed objection, defendant incorporates its response to requestNo. 25 as its response herein. Defendant further states that x-rays when obtained from plaintiffs counsel will be returned. Any x-rays taken by defendant's examining physician shall be provided upon reasonable request after plaintiffis provided for examination. -36- CERTIFICATE OF SERVICE The undersigned attorney certifies that a copy ofdie foregoing Defendant Illinois Central Railroad Company's Responses and Objections to PlaintiffWilliam Adams' Request for Production Subject to and Without Waiving Special Appearance to Present Motion Objecting to Jurisdiction was faxed to the below-listed counsel on September 2,1997, and was also deposited in a mail box located near 5000 West Main Street, Belleville, Illinois, with proper postage prepaid at approximately 5:00 p.m. on September 2,1997, addressed to the following: Ms. Kimberly Shauck (Fax: 214-520-1181) Baron & Budd, P.C. 3102 Oak Lawn Ave., Suite 1100 Dallas, TX 75219 Prozac Vice GUNDEACH, LEE, EGGMANN, BOYLE & ROESSLER 5000 West Main St, Box 23560 Belleville, IL 62223-0560 (618)277-9000 (618) 277-4594 FAX SIDNEY RIVERS, JR., et al., vs. OWENS-CORNING FIBERGLAS CORP., et al. NO. 96-02651-H IN THE DISTRICT COURT DALLAS COUNTY, TEXAS 160th JUDICIAL DISTRICT VERIFICATION BEFORE ME, the undersigned authority, on this day personally appeared CHARLES G. GARRETT, who after being sworn, stated upon his oath that he is the Risk Manager of Illinois Central Railroad Company and as such is authorized to verify Defendant Illinois Central Railroad Company's Responses and Objections to PlaintiffWilliam Adams' Request for Production Subject to and Without Waiving Special Appearance to Present Motion Objecting to Jurisdiction, and states that he has read and understands the same, and that all statements contained in the aforementioned supplemental responses are within his personal knowledge and are true and correct ILLINOIS CENTRAL RAILROAD COMPANY BY CHARLES G. GARRETT Risk Manager SUBSCRIBED AND SWORN TO BEFORE ME, this // to certify which witness may hand and seal of office. day of . 1997, HNotaryExpirationDate // /2*00 j