Document zomyMewy90yObY3n6yN4Z234m

ui'ea, "c,u 2z:.io MA ,510 H. F, & Me P.C. fcjOl IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, PENNSYLVANIA PUBLIC UTILITY COMMISSION, PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY, and PENNSYLVANIA DEPARTMENT OF STATE, Plaintiffs : : : : : : : : C CO a~i UNITED STATES MINERAL PRODUCTS COMPANY, CERTAINTEED CORPORATION, COURTAULDS AEROSPACE, INC,, CHEMREX, INC., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, ADVANCE TRANSFORMER COMPANY, and MONSANTO COMPANY, Defendants : : : : . : : : No. 284 M.D.1990 DEFENDANT MONSANTO COMPANY'S RESPONSES TO PLAINTIFFS' FIRST INTERROGATORIES AND FIRST REQUEST FOR PRODUCTION OF DOCUMENTS RELATING TO THE ISSUE OF PRODUCT IDENTIFICATION COMES NOW the defendant Monsanto Company (hereinafter "Monsanto"), in accord with the Court's Order of June 12, 1997. and responds to "Plaintiffs' First Interrogatories to Defendant Monsanto Company" and "Plaintiffs' First Request for Production of Documents to Defendant Monsanto Company," as such discovery requests relate to the issue of product identification. GENERAL LIMITATION Consistent with the allegations contained in the plaintiffs' February 1997 Amended Complaint, Monsanto has produced information and/or documents relating to polychlorinated 10138849,WPS TOWOLDMON0047366 /97 WED 22:36 FAX 816 836 8966 H. F. & Me P.C. & 003 biphenyls and/or products containing polychlorinated biphenyls which would have been manufactured or sold by Monsanto during relevant time periods. Paragraph 17 of plaintiffs' Amended Complaint states that the Transportation and Safety Building "was built between 1965 and 1967." Plaintiffs allege that various building products which were manufactured, marketed, or sold by Monsanto's co-defendants were installed in the Transportation and 1 Very Builuing during its construction. See Amended Complaint, Paragraphs 25-3 . Therefore, for these entities, Monsanto will produce information responsive to sales, if any, through the end of 1967. Regarding Chemrex and Sonnebom Building Products Division, Paragraph 28 of plaintiffs' Amended Complaint states that their products were "used during the construction of and/or during renovations to the Transportation and Safety Building in the 1980's.'' Therefore, for these two entities, Monsanto will produce information responsive to sales, if any, through the 1980's. Regarding Philips Electronics and Advance Transformer Company, Paragraph 29 of plaintiffs' Amended Complaint states that their products "were incorporated in light fixtures which were installed in the Transportation and Safety Building." Therefore, for these two entities, Monsanto will produce information responsive to sales, if any. through the end of 1996. RESPONSES TO INTERROGATORIES INTERROGATORY NO. 1: Please identify each person with whom you had any communication concerning answering these Interrogatories or who provided information used in answering these interrogatories on behalf of Defendant, indicating the number of the Interrogatory and its subpart as to each such person. [0)38849,WPJ -2- . TOWOLDMONOQ47367 cJ 7 >vtL> Z Z ; .3 (3 FaI .it> 3 313 8 9 66 H. F. & Mr P C ,u - r' - ^()<N RESPONSE: These responses constitute the corporate response of the defendant Monsanto Company. The information contained in these responses has been compiled from sales records and related documents which were kept in the ordinary course of Monsanto's business with respect to its manufacture and sale of polychlorinated biphenyls. Such records and documents were identified, gathered, and reviewed by Monsanto counsel, legal assistants, and support staff. These responses were prepared by Monsanto counsel, based upon the information contained in the documents produced by Monsanto in this action on June 9, 1997. INTERROGATORY NO. 2: Please identify all documents used, related to, or referred to in connection with the . preparation of or answers to these Interrogatories, and state the number of the Interrogatory and its subpart as to each such document. RESPONSE: See documents produced by Monsanto on June 9, 1997, pursuant to Paragraph 3(2) of the Court's May 27, 1997 Scheduling Order, consisting of copies of all available sales records and related documents concerning Monsanto's sale or distribution, if any, of polychlorinated biphenyls and fluids containing polychlorinated biphenyls to Monsanto's co defendants. See also, Monsanto's responses to Interrogatory No. 9, Interrogatory No. 10, and Request for Production No. 44, infra. 10138849.WP5 3- - TOWOLDMONOQ47368 /97 WED 22:37 FAX 816 836 8968 H. F. & Me P.C. INTERROGATORY NO. 9: For the years 1960 until 1994 inclusive, did you sell or supply PCBs or PCB- containing products to any of the following entities? A. Certainteed Corporation; B. Gustin Bacon Manufacturing Company; C. Courtaulds Aerospace, Inc.; D. Products Research and Chemical Company; E. Products Research Corp.; F. Chemrex, Inc.; G. Sormebom Building Products Division; H. Philips Electronics North America Corporation; and I. Advance Transformer Company. RESPONSE: On June 9, 1997, pursuant to Paragraph 3(2) of the Court's May 27, 1997 Scheduling Order, Monsanto produced copies of all available sales records and related documents concerning Monsanto's sale or distribution, if any, of polychlorinated biphenyls and fluids containing polychlorinated biphenyls to Monsanto's co-defendants. These records and documents indicate that Monsanto sold the following polychlorinated biphenyls and fluids ' containing polychlorinated biphenyls to the following entities during the years indicated. 10138849.WP5 4- - TOWOLDMONOQ47369 I .c. Gustin Bacon Manufacturing Co. Monsanto made the following sales to Gustin Bacon Manufacturing Co., Kansas City, Missouri, between 1958 and 1967. These products were shipped to 3031 Fiberglass Road, Kansas City, Kansas. Aroclor 1254 Aroclor 1262 Aroclor 1262 10% TOL Pydraul 150 386,600 lbs. 6,000 lbs. 222,000 lbs. 3,054 lbs. See Monsanto production documents contained in Production Folder No. 2. Certain-Teed Saint Gobain Insulation Coro. Monsanto made the following sales to Certain-Teed Saint Gobain Insulation Corp., Kansas City, Kansas, during 1967. These products were shipped to 3031 Fiberglass Road, Kansas City, Kansas. Aroclor 1254 Aroclor 1262 10% TOL 600 lbs. 96,000 lbs. See Monsanto production documents contained in Production Folder No. 1. Products Research and Chemical Corp. Monsanto made the following sales to Products Research and Chemical Corp. between 1958 and 1960, shipped to an unidentified address. Aroclor 1254 22,000 lbs. Monsanto made the following sales to Products Research and Chemical Corp. between 1958 and 1967, shipped to Burbank, California. Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1262 404,750 lbs. 6,055 lbs. 1,854,400 lbs. 460,900 lbs. 10138849 WP5 -5- TOWOLDMONOQ47370 9 7 WED 22:37 FAX SIB S36 8966 H. F. & Me P.C. W?j 0 0 7 See Monsanto production documents contained in Production Folder No. 3. Sonnebom Building Products. Inc, Monsanto made the following sales to Sonnebom Building Products, Inc., Hancox Avenue, Belleville, New Jersey, between 1963 and 1970. Aroclor 1242 Aroclor 1248 Aroclor 1254 Aroclor 1260 Aroclor 1262 Aroclor 1268 43,000 lbs. 1,800 lbs. 2,255,000 lbs. 182,800 lbs. 2,160 lbs. 220,000 lbs. See Monsanto production documents contained in Production Folder No. 4. Monsanto's sales records and related documents do not indicate the sale of any polychlorinated biphenyls or fluidc containing polychlorinated biphenyls during the relev''"t time periods to any of the other entities identified by plaintiffs in Interrogatory No. 9. INTERROGATORY NO. 10: If your answer to any of the subparts in the previous interrogatory is affirmative, identify: A. The product(s) in which your PCBs or PCB containing products were incorporated or used; B. The number of units of PCBs or PCB-containing products sold to these entities and the amount of the sale for each year sold; C. All documents of any kind or description that indicate the purchase, acquisition, receipt and composition of the PCBs or PCB-containing materials sold to the entities identified in the previous interrogatory including purchase orders, invoices, inventory 10138849. WPJ -6- TOWOLDMONOQ47371 records, shipment records, material safety data sheets, records of receipt, accounts payable and receivable, and/or invoices. RESPONSE: See response to Interrogatory No. 9, supra, and the documents produced on June 9, 1997 contained in Production Folder Nos. 1-4. RESPONSES TO REQUESTS FOR PRODUCTION OF DOCUMENTS REQUEST NO, 44: All documents indicating the sale of PCBs or PCB-containing products to any of the entities identified in Interrogatory No. 9. RESPONSE: See documents contained in Production Folders Nos. 1-4 which were produced on June 9, 1997 pursuant to Paragraph 3(2) of the Court's May 27, 1997 Scheduling Order. Respectfully submitted. Dated: July 16, 1997 By: Thomas M. Goutman Richard H. Maurer Counsel for Defendant, Monsanto Company 10138549.WP5 7- - TOWOLDMONOQ47372 /97 WED 22:38 FAX 816 836 3988 H F & Mr P r '' ' - 41009 VERIFICATION I, Richard H. Maurer, hereby state that I am an attorney for Monsanto Company, a defendant in this action, and that I am authorized to take this verification pursuant to Rule 1024 (c) (2), in light of the fact that defendant is outside the jurisdiction of the Court and the verification of its representative cannot be obtained within the time allowed by the Court for filing the preceding Responses to plaintiffs' First Interrogatories and First Request for Production of Documents Relating to the Issue of Product Identification. I have reviewed the foregoing Responses, and state that the facts contained therein are true and correct to the best of my knowledge, information, and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. The original verification of Monsanto's authorized representative shall be substituted upon receipt by the undersigned. Dated: July 16, 1997 Counsel for Defendant, Monsanto Company 10138849.WP5 TOWOLDMONOQ47373 IN THE COMMONWEALTH COURT OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF GENERAL SERVICES, PENNSYLVANIA DEPARTMENT OF TRANSPORTATION, PENNSYLVANIA PUBLIC UTILITY COMMISSION, PENNSYLVANIA EMERGENCY MANAGEMENT AGENCY and PENNSYLVANIA DEPARTMENT OF STATE Plaintiffs : : : : : : : : : v. UNITED STATES MINERAL PRODUCTS COMPANY, CERTAINTEED CORPORATION, COURTAULDS AEROSPACE, INC., CHEMREX, INC., PHILIPS ELECTRONICS NORTH AMERICA CORPORATION, ADVANCE TRANSFORMER COMPANY, and MONSANTO COMPANY, Defendants No. 284 M.D. 1990 CERTIFICATE OF SERVICE Richard H. Maurer hereby certifies that a true and conect copy of Defendant Monsanto Company's Responses to Plaintiffs' First Interrogatories and First Request for Production of Documents Relating to the Issue of Product Identification was served this date on the following individuals by first class mail, postage prepaid: Joel M. Ressler, Esquire Daniel J. Doyle, Esquire Office of Attorney General 15th Floor, Strawberry Square Harrisburg, PA 17120 Counsel for Plaintiffs Nora L. Doyle, Esquire Office of Chief Counsel 603 North Office Building Harrisburg, PA 17125 Counsel for Plaintiffs 10I38&49.WP5 TOWOLDMONOQ47374 '>, V -> v f AA OiO A 0 b 9 (j (5 H. F. & Me p.c. Thomas W. Henderson, Esquire Suite 3975 One Oxford Centre 301 Grant Street Pittsburgh, PA 15219-1407 Counsel for Plaintiffs Kenneth B. McClain, Esquire HUMPHREY, FARRINGTON & McCLAIN, P.C, 221 West Lexington, Suite 400 P.O. Box 900 Independence, MO 64051 Counsel for Plaintiffs Donald H. Carlson, Esquire James A, Niguet, Esquire CRIVELLO, CARLSON, MENTKOWSKI & STEEVES, S.C. The Empire Building 710 North Plankinton Avenue Milwaukee, WI 53203 Counsel for Defendant, Chemrex, Inc. Jeffrey C. Sotland, Esquire Jay L, Edelstein, Esquire EDELSTEIN, MONTZER & SAROWITZ 1529 Walnut Street 22d Floor Philadelphia, PA 19102 Counsel for Defendant, Chemrex, Inc. John F. Kent, Esquire Anthony V. Mannino, III, Esquire KENT & MCBRIDE, P.C. Two Logan Square Suite 600 18th & Arch Streets Philadelphia, PA 19103 Counsel for Defendants, Advance Transformer Company and Philips Electronics North America Corporation - 10138849. WP5 -2- TOWOLDMONOQ47375 0.3/ 27/97 WED 22:39 FAX 316 336 8966 H- F- & Me P.C. Joyce S. Myers. Esquire David D. Langfitt, Esquire MONTGOMERY, MCCRACKEN, WALKER & RHOADS, L.L.P, 123 South Broad Street Philadelphia, PA 19109 Counsel for Defendant, Courtaulds Aerospace, Inc. Eric B. Henson, Esquire HOYLE, MORRIS & KERR 4900 One Liberty Place 1650 Market Street Philadelphia, PA 19103-7397 Counsel for Defendant, Certainteed Corporation James M. Roux, Esquire Frederick B. Tedford, Esquire DANAHER, TEDFORD, LAGNESE & NEAL, P.C. 700 Capitol Place 21 Oak Street Hartford, CT 06106-8000 Counsel for Defendant, U.S. Mineral Products Co. William J. O'Brien, Esquire CONRAD, O'BRIEN, GELLMAN & ROHN, P.C. 1515 Market Street 16th Floor Philadelphia, PA 19102 Counsel for Defendant, U.S. Mineral Products Co. ' 21012 10I38W9.WP5 TOWOLDMONOQ47376 M 1 U r a a o i o ooo o y b 6 H. F. & Me P.C. Miles A. Jellinek, Esquire Steve Gerber, Esquire COZEN & O'CONNOR The Atrium 1900 Market Street Philadelphia, PA 19103 Counsel for Fireman's Fund Insurance WHITE AND WILLIAMS Dated: July 16, 1997 Counsel for Defendant, Monsanto Company 4> n i ,3 10138W9.WPS -4- TOWOLDMONOQ47377 '^clU------ rAA S16 a 3 0 8 900 i-. & Me P. C , UU6 I hereby certify that on this day of _________________ , 1997, I caused to be served a true and correct copy of the foregoing upon all counsel of record as listed below via first-class United States mail, postage prepaid: William J. O'Brien, Esq. James J. Rohn, Esq. John A. Guernsey, Esq. CONRAD, O'BRIEN, GELLMAN, & ROHN, P.C. 1515 Market Street, 16th FI. Philadelphia, PA 19102 Frederick B. Tedford, Esq. James M. Roux, Esq. DANAI-IER, TEDFORD, LAGNESE & NEAL, P.C. Capitol Place, 21 Oak Street Hartford, CT 06106-8000 Counsel for United States Mineral Jay L. Edelstein, Esq. Jeffrey C. Sotland, Esq. EDELSTEIN, MINTZER & SAROWITZ 1528 Walnut Street, 22nd FI. Philadelphia, PA 19102 Donald H. Carlson, Esq. CRIVELLO, CARLSON, MENTKOWSKI & STEEVES The Empire Building 710 North Plankinton Avenue Milwaukee, WT 53203 Counsel for ChemRex Thomas M. Goutman, Esq. WHITE & WILLIAMS 1800 One Liberty Place Philadelphia, PA 19103-7395 Counsel for Monsanto Joyce S. Meyers, Esq. David LangFitt, Esq. MONTGOMERY, McCRACKEN, WALKER & RHOADS 123 South Broad Street Philadelphia, PA 19109 Counsel for Courtaulds Aerospace John F. Kent, Esq. . KENT & McBRIDE, P.C. Two Logan Square, Suite 600 18th & Arch Streets Philadelphia, PA 19103 Counsel for Philips Electronics and Advance Transformer Eric B. Henson, Esq. HOYLE, MORRIS & KERR One Liberty Place, Suite 4900 1650 Market Street Philadelphia, PA 19103-7397 Counsel for CertainTeed Attorney for Plaintiffs 5 TOWOLDMONOQ47378