Document zz6v1vZnJBZL1E7VYrnaRKOg

1 GABRIEL A. JACKSON, ESQ. CSB# 98119 J.E.B. PICKETT, ESQ. CSB# 154294 2 Jackson & Wallace 580 California Street, 15th Floor 3 ' San Francisco, California 94104 Telephone: (415)982-6300 . r 4 Attorneys for Defendant 5 KELLY-MOORE PAINT COMPANY, INC. 6 PARA AlMQ . ATTY____CLASS RECEIVED OTHER FILE JAN 2 6 1998 BRAYTON HARLEY CURTIS HAND___OVERNIGHT MAIL 7 8 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SAN FRANCISCO 10 11 IN RE: COMPLEX ASBESTOS LITIGATION 12 .,t<4,,.^.fe^vfYvWw 13 14 15 ) No. ) .RESPONSES TOPLAINTIFFS ) STANDARD INTERROGATORIES TO ) ALL DEFENDANTS (GENERAL ORDER ) NO 1J9) 16 DEFENDANT, KELLY-MOORE PAINT COMPANY, INC. (hereinafter, "Kelly-Moore"), 17 hereby responds to Plaintiffs1 Standard Interrogatories to all DEFENDANTS, pursuant to 18 General Order No. 129. 19 _ ^ ^ ^ ............................ PREFACE . . . . 20 These Interrogatories are to be answered pursuant to San Francisco Superior Court 21 General Order No. 129. 22 Unless otherwise specifically set forth, the time frame for response to these 23 Interrogatories is from 1930 until 1985; except where otherwise specifically set forth, 24 each Interrogatory and each Response are intended and should be construed as including 25 and being limited to such time frame. Where expressly stated with reference to the date 26 and circumstances justifying use of such date, the responding party may limit any such 27 response to dates subsequent to 1930, but which in no event are later than the inception 28 of the responding party, including the inception of any predecessor in interest. /// 1 Unless otherwise specifically set forth, the geographic scope for response to these 2 Interrogatories by domestic corporation is the United States. Hospital and other health 3 care entity defendants shall provide responses related only to that defendant's physical 4 facilities and shall not be required to disclose any information related to the furnishing 5 of services to patients. ' - : 6' '' ' . ';. DEFINITIONS \ 7 1. "ASBESTOS-CONTAINING PRODUCT(S)" shall mean a product(s) which 8 THIS DEFENDANT knows or believes to have contained any amount of the mineral 9 asbestos at any time. '' V"' : .. 10 2. "COMPANY" means any private enterprise including corporations, 11 partnerships, joint ventures, and sole proprietorships. 12 3. A "CONTRACT UNIT" shall mean a branch, division, subsidiary or other 13 affiliated entity of a DEFENDANT which has been or is now engaged in installation, 14 disturbing or handling and/or removal of RAW ASBESTOS and/or ASBESTOS- 15 CONTAINING PRODUCES)S. 16 4. "DOCUMENT(S)" or "WRITING(S)" shall include all WRITING(S) as defined 17 by Section 250 of the California Evidence Code. ` 18 5. "GEOGRAPHIC AREA" means the 46 counties of Northern California 19 (Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, 20 Fresno, Glenn, Humboldt, Kern, Kings, Lake, Lassen, Marin, Mariposa, Mendocino, 21 Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San 22 Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, 23 Solano, Sonoma, Stanislaus, Sutter, Tehams, Trinity, Tulare, Tuolumne, Yolo, Yuba) and 24 military facilities/installations in the State of California, or the following shipyards: 25 Bethlehem Shipbuilding, San Pedro; California.. Shipbuilding, Terminal Island, 26 Consolidated Steel Shipyard, Wilmington, Los Angeles Shipbuilding and Dry Dock aka L.A. - 27 Ship, San Pedro; National Steel and Shipbuilding Corporation, San Diego; Todd Shipyards 28 Corporation, San Pedro Divisions; Naval Air Station, North Island; Thirty-second Street 2. ;i .. 2 4' 5 '6 7 '' .8 -9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Naval Repair Facility, San Diego; Long Beach Naval Shipyard; and San Diego Destroyer Base. ' ' _.. ' . ' ' .' - j.`\ /; . . ' . 6. ' A request to "IDENTIFY" a "WRITING" or "DOCUMENT" or study shall mean a request to either attach such an exhibit to YOUR answers to these interrogatories, or to describe such with sufficient particularity that it may be made the subject of a request for production of DOCUMENT(S). YOUR description should include an indication of: (a) the author; (b) address(s); (c) date of origin; (d) the nature of the writing or document (e.g. letter, telephone memorandum, audio tape recording, photograph, etc.); and (e) its present location, name and the present address of custodian thereof. \ .- 7. A request to "IDENTIFY" an oral communication shall mean a request to describe the communication with particularity, and shall Include the following information; (a) the IDENTITY of all parties to the communication; (b) the IDENTITY of the person whom YOU contend initiated the communication; '(c) the IDENTITY of all persons present at the time of the communication; and (d) the time, date and place of the communication. ' -, 8. A request to "IDENTIFY" or to state the "IDENTITY" of a person or individual means to state his or her name, the place of employment, job tide, present business or present or last known home address, years of employment and last known telephone number if not employed by DEFENDANT. . . . , .. ,.,J ( 9. A request to "IDENTIFY" the product shall mean a request to describe the product, the material or compound by the following means: (I) by nickname or slang name used in YOUR industry and/or occupation; (2) by the name under which it is sold in the marketplace (trade name); (3) by its generic name; and (4) by manufacturer. 10. MARKETING" or "MARKETED" shall mean the mining, supply, sale, labeling, distribution, importing, processing or manufacture of RAW ASBESTOS and/or ASBESTOS- CONTAINING PRODUCT(S). .. _ - 11. A request to describe the "NATURE" of a product means to describe the; (a) color; (b) texture; (c) form (i.e., powder, liquid, paste, solid, board, cloth, blanket, wire 3. 1 insulation, etc.); (d) physical dimensions, if solid (length, width and height); (e) the type 2 of shipping package and shipping package dimensions if not.solid; (f) type of asbestos 3 fiber used in the composition of the product (e.g., chrysotile, amosite, crocidolite); (g) 4 the intended use or function of such product as recommended by THIS DEFENDANT as 5 the miner, producer, supplier, contractor, manufacturer, distributor, owner or sell; and 6 (h) the type of worksite in which it was intended to be used (e.g., shipyard, refinery, 7 commercial building construction, manufacturing plant, home, power generating plant, 8 etc.) 9 12.^ n "PREMISES" includes, but,,is.,not iiimted..to, buildings, structures in a 10 refinery, boilers, generators, tract housing, commercial buildings and other such 11 structures. . .: 12 13. "RAW ASBESTOS" means asbestos fiber mined or milled, either packaged or 13 in bulk, not compounded with other substances and essentially pure with the exception 14 of naturally occurring trace amounts of other substances. 15 14/-^'"'THISDEFE^AN^'ot"DEFENDANT'shall mean the named DEFENDANT 16 herein, all of its divisions and subsidiaries in which it holds a controlling interest, and all 17 "alternative entities" as defined and identified by name in any complaint pending against 18 YOU as of the date of YOUR answers. 19 15. 'YOU and "YOUR" refer to the DEFENDANT who is named above as 20 responding party. 21 INTERROGATORY NO. 1: 22 IDENTIFY the person verifying these answers on YOUR behalf. 23 RESPONSE TO INTERROGATORY NO.:1 Mr. Douglas Wayne Merrill. 24 INTERROGATORY NO. 2: ........... 25 State the date of first employment with YOU, and the dates and titles of each job 26 position the person verifying these interrogatories has held while employed by YOU. 27 RESPONSE TO INTERROGATORY NO.2: 28 July, 1968. 4. I 7/68-10/68, Quality Control Chemist; 10/68-10/81, Research and Production 2 Manager; - Paco Division; 12/81-3/83, Assistant to Vice President, Manufacturing; 3/83 3 4/89, Plant Manager; and 4/89 - present. Vice President of Manufacturing. 4 INTERROGATORY NO. 3: 5 Please state whether or not YOU are a corporation, and if so, state: 6 (a) YOUR correct corporate name; 7 (b) YOUR state of incorporation; 8 (c) The date of YOUR incorporation; 9 (d) The address of YOUR principal place of business; 10 (e) Whether or not YOU have ever held a certificate of authority to do business 11 in the State of California, and if so, the inclusive dates of any certificate; 12 (f) if YOU are wholly owned or the majority interest of YOUR COMPANY is 13 owned by another business entity, state that entity's name and principal 14 place of business. 15 (g) r'^'WhetheVYbU hive any business offices in'California, and, if so, YOUR 16 principle place of business in California. 17 RESPONSE TO INTERROGATORY NO. 3: 18 Yes. 19 A. Kelly-Moore Paint Company, Inc. 20 B. California . . . .. . ^ 21 C. 12/4/52 22 D. 987 Commercial Street, San Carlos, California 94070. 23 E. Yes. 1952 to present. 24 F. N/A 25 G. 987 Commercial Street, San Carlos, California 94070. 26 INTERROGATORY NO. 4: 27 Have YOU ever been identified, known, or done business under any other name 28 in the State of California?. 5. 1 RESPONSE TO INTERROGATORY NO. 4: 2 M. .... .. 3 INTERROGATORY NO. 5: t 4 If YOUR answer to Interrogatory No. 4 in the affirmative, please state such name 5 or names and the time period during which THIS DEFENDANT was so known or 6 identified. . 7 RESPONSE TO INTERROGATORY NO. 5; 8 N/A. 9 INTERROGATORY NO. 6: 10 If YOU are not a corporation, what is YOUR business structure (partnership, joint 11 venture, sole proprietorship, etc.). 12 RESPONSE TO INTERROGATORY NO. 6: 13 N/A. 14 INTERROGATORY NO. 7: 15 If YOU are not a corporation, please IDENTIFY all persons or other entities with 16 an ownership interest in YOU. 17 RESPONSE TO INTERROGATORY NO. 7: 18 N/A. 19 INTERROGATORY NO. 8: 20 If YOU are not a corporation, please state the following: , 21 (a) The address where the historical records of THIS DEFENDANT are currently 22 located; and 23 (b) The name, job title, and current address of the custodian for THIS 24 DEFENDANT'S historical records. 25 As used herein, historical records shall include all DOCUMENT(S) relating to the 26 formation of THIS DEFENDANT, all minutes of partners', general partners', or other 27 owners' meetings, and all DOCUMENT(S) relating to THIS DEFENDANT'S merger with, 28 acquisition of or purchase, or sale of or by any other COMPANY. 6. 1 RESPONSE TO INTERROGATORY NO. 8: , 2 : ;: N/A. .. , .. -v: 3 INTERROGATORY NO. 9: 4 IDENTIFY YOUR custodian of business records. 5 RESPONSE TO INTERROGATORY NO. 9: 6 7 Mr. Douglas Wayne Merrill. 8 INTERROGATORY NO. 10: 9 IDENTIFY the person or persons most knowledgeable about: 10 (a) YOUR acquisition of RAW ASBESTOS and/or ASBESTOS-CONTAINING 11 PRODUCT(S); 12 (b) YOUR use of RAW ASBESTOS and/or ASBESTOS-CONTAINING 13 PRODUCT(S); 14 (c) YOUR contracting with others to do work involving the use or handling of 15 ; RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCT(S). 16 RESPONSE TO INTERROGATORY NO. 10: 17 Mr. Douglas Wayne Merrill. 18 INTERROGATORY NO. 11: 19 For DEFENDANTS involved in the MARKETING of ASBESTOS-CONTAINING 20 PRODUCT(S), state the IDENTITY of physicians, medical directors and/or industrial 21 hygienists employed by YOU during the time frame or prior to the time YOU 22 discontinued the MARKETING of such products. All other DEFENDANTS need only 23 respond as to medical directors and/or industrial hygienists or physicians employed in the 24 area of employee health and safety. Premises owners and domestic corporations need 25 only respond as to the United States. 26 RESPONSE TO INTERROGATORY NO. 11: 27 None. 28 Ill 7. 1 INTERROGATORY NO. 12: < 2 Has any employee of THIS DEFENDANT testified by deposition or at trial on behalf 3 of THIS DEFENDANT in a third party case, in which THIS DEFENDANT was a party, 4 wherein the plaintiff has alleged an asbestos related injury? If so, for each such third 5 party case (except that premises DEFENDANTS and contractor DEFENDANTS need answer 6 only with respect to sites within the GEOGRAPHIC AREA) please state. ; 7 (a) The caption and case number; ; 8 (b) The court filling including state and county; . 9 (C) The date of deposition or trial testimony; 10 (d) The name and address of plaintiffs counsel of record; 11 (e) The name and address of the court reporter. 12 RESPONSE TO INTERROGATORY NO. 12 13 (A) Fair! v. Western McArthur Co, Superior Court No. 296985, 14 (B) Sacramento County, CA 15 (C) ::r 10/8/84; , 16 (D) Unknown 17 (E) Unknown 18 (A) Clapper & Brayton Shipyard, Superior Court No.959, 19 (B) Solano County, CA 20 (C) 11/1/84 ....... ^ 21 (D) Unknown 22 (E) Unknown 23 (A) Clapper & Brayton Shipyard, Superior Court No.959, 24 (B) Solano County, CA 25 (C) 2/27/85 26 (D) Unknown 27 (E) Unknown 28 (A) Patterson v. Kelly-Moore, Superior Court No.315826, 8. 1 (B) San Mateo County, CA 2 ' (C) 7/21/87 .... ; -/'V./'"' ^ .' . 3 (D) Unknown . 4 (E) Unknown ,/ 5 (A) Crosson v. Kelly Moore, Superior Court No.8615678, 6 (B) Dallas County, TX : ^' . 7 (C) 7/6/88 8 (D) Unknown ... , 9 (E) . .Unknown ............. . 10 (A) Wooley v. Owens-Coming, Superior Court No. 94O904823B 11 (B) Camron County, TX . 12 (C) 11/20/95 13 (D) Unknown 14 (E) Unknown 15 (A) " Sanchez v. Kelfy-M6ore~Superior Court No.962807, 16 (B) El Paso County, TX 17 (C) 3/12/97 18 (D) Unknown 19 (E) Unknown 20 INTERROGATORY NO. 13 ... . .. 21 For each of the following, please state whether, at any time within the time frame 22 or until such time as any DEFENDANT which had been engaged in the MARKETING RAW 23 ASBESTOS orASBESTOS-CONTAINING PRODUCTS discontinued the MARKETING ofsuch 24 products, THIS DEFENDANT was a member or paid dues for any representative of THIS 25 DEFENDANT (excluding faculty members of educational institutions) to be a member of 26 the following: 27 (a) American Conference of Governmental Industrial Hygienists, 28 (b) American Industrial Hygiene Association; 9. 1 (c) American Petroleum Institute; : ;' 2 (d) American Railroad Association; >V;' : 3 (e) Asbestos Cement Producers Association; : . 4 (f) Asbestos Information Association (AIA) (please answer through date ofYOUR 3 '/ answers); - ' f - '-ri'- . 6 (g) Asbestos Information Association/North America (AIA/NA) (please answer 7 through the date of YOUR answers); . 8 (h) Asbestos Textile Institute (ATI); 9 (I) Industrial Hygiene Foundation and or Industrial Health Foundation (IHF); 10 (j) Industrial Mineral Insulation Manufacturers Institute; 11 (k) Magnesia Insulation Manufacturers Association; 12 (l) Magnesia Silica Insulation Manufacturers Association; ' 13 (m) Mineral Wool Institute; 14 (n) National Insulation Manufacturers Association (NIMA); 15 (o) ~ `National Safety'Council;i'v'u-`^llr'^'^='>;`^ ' 16 (p) New York Academy of Sciences; 17 (q) Quebec Asbestos Mining Association (QAMA); 18 (r) Refractories Institute; 19 (s) Safe Building Alliance (please answer through the date of YOUR answers); 20 (t) Thermal Insulation Manufacturers Association (TIMA); 21 (u) U.S. Maritime Commission; 22 (v) IDENTIFY any other organizations, associations or groups of manufacturers, 23 miners, distributors, importers, labelers, suppliers, and/or sellers of 24 asbestos-containing products of which THIS DEFENDANT was a member; 25 (w) IDENTIFY any such representative of THIS DEFENDANT, 26 RESPONSE TO INTERROGATORY NO. 13: 27 Not to Defendant's knowledge. 28 Ill 10. 1 INTERROGATORY NO. 14: - 2 ' For each organization or other entity identified in YOUR Response to Interrogatory 3 No. 13, please state: . 4 (a) The dates during which THIS DEFENDANT was a member; 5 (b) The name(s) of any publication (s) received by THIS DEFENDANT from such 6 association or organization; . . . .. 7 (c) The name of any committee or subcommittee of which THIS DEFENDANT 8 was a member, and the dates of such committee or subcommittee 9 membership. .... . 10 RESPONSE TO INTERROGATORY NO. l4: ... -.i v\ ... 11 N/A . 12 INTERROGATORY NO. 15: 13 Had THIS DEFENDANT prior to 1973 received any DOCUMENT(S) containing the 14 results or conclusions of any studies and/or tests conducted by Bonsib for Standard Oil 15 of New Jersey relating to asbestos exposure'in the worlcplace or the human health 16 consequences of exposure to asbestos? If so.- 17 (a) Either (1) attach all DOCUMENT(S) evidencing the information sought in 18 this Interrogatory and its subparts to YOUR Answers to these 19 Interrogatories, or (2) attach disks containing such data, or (3) describe 20 such DOCUMENT(S) with sufficient particularity that they may be made the 21 subject of a request for production of DOCUMENT(S). 22 (b) State the date upon which THIS DEFENDANT first received such 23 DOCUMENT(S); 24 (c) State the IDENTITY of the custodian of records for such DOCUMENT(S). 25 (d) This Interrogatory does not apply to DOCUMENT(S) contained in a library 26 maintained by a DEFENDANT hospital or a DEFENDANTS library 27 providing access to the general public. 28 Ill 11. 1 RESPONSE TO INTERROGATORY NO. 15: 2 . After making a reasonable inquiry and conducting a diligent search, Kelly-Moore 3 responds that it is currently unaware that it received any said "DOCUMENTS" prior to 4 1973.' ' . :'v. 5 INTERROGATORY NO. 16: Vn ? 6 Had THIS DEFENDANT prior to 1973 received a copy or any portion of any studies 7 and/or tests conducted by any insurance COMPANY, including but not limited to 8 Metropolitan Life Insurance Company, and Aetna Insurance relating to asbestos exposure 9 in the workplace or the human health consequences of exposure to asbestos? If so: 10 (a) Either (1) attach all DOCUMENT(S) evidencing the information sought in 11 this Interrogatory and its sub parts to YOUR answers to these 12 Interrogatories, or (2) attach disks containing such data, or (3) describe 13 such DOCUMENT(S) with sufficient particularity that they may be made the 14 subject of a request for production of DOCUMENT(S). 15 (b) -V-State the 'date upon which /THIS DEFENDANT first received such 16 DOCUMENT(S); 17 (c) State the IDENTITY of the custodian of records for such DOCUMENT(S). 18 (d) This Interrogatory does not apply to DOCUMENT(S) contained in a library 19 maintained by a DEFENDANT hospital or a DEFENDANTS library providing 20 access to the general public. / 21 RESPONSE TO INTERROGATORY NO. 16: 22 After making a reasonable inquiry and conducting a diligent search, Kelly-Moore 23 responds that it is currently unaware that it received any said "DOCUMENTS" prior to 24 197325 INTERROGATORY NO. 17: 26 Had THIS DEFENDANT prior to 1973 received any DOCUMENT(S) containing 27 results or conclusions of any study and/or tests conducted by any laboratory, including 28 but not limited to, the Sarnac Laboratory relating to asbestos exposure in the workplace 12. 1 or the human heath consequences of exposure to asbestos? If so: < 2 : (a) Either (1) attach all DOCUMENT(S) evidencing the information sought in 3 this Interrogatory and its sub parts to YOUR answers to these 4 Interrogatories, or (2) attach disks containing such data, or (3) describe 5 ' : such DOCUMENT(S) with sufficient particularity that they may be made the 6 subject of a request for production of DOCUMENT(S). 7 (b) State the date upon which THIS DEFENDANT first received such 8 DOCUMENT(S); 9 (c) State the IDENTITY of the custodian of^records for such DOCUMENT(S). 10 (d) This Interrogatory does not apply to DOCUMENT(S) contained in a library 11 maintained by a DEFENDANT hospital or a DEFENDANT'S library providing 12 access to the general public. 13 RESPONSE TO INTERROGATORY NO. 17: 14 After making a reasonable inquiry and conducting a diligent search, Kelly-Moore 15 respondsthat itis currently unaware' that it received any said "DOCUMENTS" prior to 16 197317 INTERROGATORY NO. 18: 18 Had THIS DEFENDANT (except for a DEFENDANT that is an educational 19 institution) prior to 1973 ever maintained a library (or libraries) which contained books, 20 articles, periodicals, journals, and/or reference materials related to the subjects of 21 asbestos, industrial hygiene, medicine, safety and or occupational disease. If so, state: 22 (a) The date each such library was established; 23 (b) The location of each such library; 24 (c) The IDENTITY of each librarian or other person in charge of such library. 25 RESPONSE TO INTERROGATORY NO. 18: 26 No. 27 INTERROGATORY NO. 19: 28 With the exception of OSHA compliance, had THIS DEFENDANT (except for a 13. 1 DEFENDANT that is an educational institution) prior to 1980 exchanged DOCUMENT(S) 2 or communicated with any person or other COMPANY expressly regarding the resuits of 3 tests and/or studies relating to asbestos exposure in the workplace or the human health 4 consequences of exposure to asbestos? If so, state: \ 5 ' (a) Each person or COMPANY with whom the information was exchanged or 6 to whom it was communicated; ' 7 (b) The date(s) of any such exchanges or communications; 8 (c) The IDENTITY of the custodian of such DOCUMENT(S). 9 RESPONSE TO INTERROGATORY NO. 19: ... 10 After making a reasonable inquiry and conducting a diligent search. Defendant 11 responds that it is currently unaware that it exchanged said "DOCUMENTS" or 12 communicated with any person or other "COMPANY" regarding the results of said tests 13 and/or studies prior to 1980, other than those tests or studies conducted by Defendant 14 and/or Union Carbide, referenced in response to Interrogatory No.21. 15 INTERROGATORY NO. 20: 4 - - - - 16 Has any employee or designee of THIS DEFENDANT testified as a representative 17 of THIS DEFENDANT before the Occupational Safety and Health Administration, the 18 National Institute of Occupational Safety and Health, or any committee or subcommittee 19 of the United States Congress relating to asbestos exposure in the workplace or the 20 human health consequences of exposure to asbestos? If so, please state: . 21 (a) The entity before whom such testimony was given; 22 (b) The date(s) and location(s) of such testimony; 23 (c) The IDENTITY of the individual (s) who so testified; 24 (d) Whether any DOCUMENT(S) were presented to the entity before which 25 testimony was given; 26 (e) Whether copies of DOCUMENT(S) presented were retained by THIS 27 DEFENDANT and, if so, state the IDENTITY of the custodian of such 28 DOCUMENT(S). 14. 1 RESPONSE TO INTERROGATORY NO. 20: 2 , Not to Defendant's knowledge. 3 INTERROGATORY NO. 21: 4 5 6 asbestos dust created during the manufacture, processing, and/or assembling for sale of 7 ASBESTOS-CONTAINING PRODUCT(S)? If so, state: 8 (a) Each manufacturing facility, including location and address, at which any 9 such test and/or study .was conducted; 10 (b) The date of each such test and/or study; n (c) The individual(s) or entity conducting each such test and/or study; 12 (d) Whether THIS DEFENDANT has any DOCUMENT(S) containing the results 13 and or conclusions of each such study; 14 (e) The IDENTITY of the custodian of such DOCUMENT(S). 15 RESPONSE TO INTERROGATORY NO. 21: 16 Yes. During the 1970's tests were conducted by PACO Textures Corporation, 17 Union Carbide, and by various regulatory agencies at defendant's San Carlos facility and 18 possibly at Defendant's other facilities. To the extent any further information regarding 19 these tests is available, the answer to subparts (a), (b), (c), (d), and (e) of this 20 interrogatory may be derived or ascertained from the- approximately 88 boxes of 21 documents currently stored at 987 Commercial Street, San Carlos, California, 94070 22 which have already been produced to and copied by plaintiffs attorneys. The burden of 23 deriving or ascertaining the answers from the documents is substantially the same for 24 plaintiffs as for Defendant. 25 INTERROGATORY NO. 22 . 26 Has THIS DEFENDANT (except for a DEFENDANT that is an educational 27 institution) conducted or caused to be conducted, any tests and/or studies on the 28 ambient asbestos dust levels at any location or job site where ASBESTOS-CONTAINING 15. 1 PRODUCT(S) were installed, utilized or removed? If so, for the first 5 tests and/or 2 studies, State:' ' - .. '- Vp;, //'/V' ' 3 (a) The location, including name and address, at which any such test and/or 4 study was conducted; . ' 5 - (b) The individual(s) or entity conducting each such test and/or study; 6 (c) The date of each such test and/or study; . ' 7 (d) Whether THIS DEFENDANT has any DOCUMENT(S) containing the results 8 and or conclusions of each such study; . 9 (e) The IDENTITY of the custodian of such DOCUMENT(S). 10 RESPONSE TO INTERROGATORY NO. 22: 11 Not to Defendant's knowledge. 12 INTERROGATORY NO. 23: 13 Did THIS DEFENDANT (except for a DEFENDANT that is an educational 14 institution) have any laboratory or other similar type facility anywhere in the United States 15 at which it conducted or caused to be conducted, any,tests and/or studies of ASBESTOS- 16 CONTAINING PRODUCT(S) or RAW ASBESTOS relating to the health consequences of 17 asbestos or the dust generated by any use of asbestos or asbestos containing products? 18 If so, state: 19 (a) The location, including name and address, at which any such test and/or 20 study was conducted; ^ 21 (b) The individual(s) or entity conducting each such test and/or study; 22 (c) The date of each such test and/or study; 23 (d) Whether THIS DEFENDANT has any DOCUMENT(S) containing the results 24 and or conclusions of each such study; 25 (e) The IDENTITY of the custodian of such DOCUMENT(S). 26 RESPONSE TO INTERROGATORY NO. 23: 27 See response to Interrogatory No. 21. 28 Ill 16. 1 INTERROGATORY NO. 24: , 2 Has THIS DEFENDANT made available to its employees a medical examination 3 program to determine the absence or presence of asbestos-related disease? If so, state: 4 (a) Whether chest x-rays or pulmonary function tests were part of such .5 program(s); ' ^ y-''v' ; ' 6 (b) Whether participation in any such program was a mandatory condition of 7 employment or was voluntary; 8 (c) Whether THIS DEFENDANT has DOCUMENT(S) of such program(s); 9 (d) the IDENTITY of the custodian of such DOCUMENT(S). 10 RESPONSE TO INTERROGATORY NO. 24: 11 Yes. 12 (A) Yes. 13 (B) Mandatory, initially; 14 (c) Documents exist related to the medical examination program and are protected 15 by attorney-client, attorney work product or third party privacy privileges. To the extent 16 any further documents are available, documents may be derived or ascertained from the 17 approximately 88 boxes of documents currendy stored at 987 Commercial Street, San 18 Carlos, California, 94070 which have already been produced to and copied by plaintiffs 19 attorneys. The burden of deriving or ascertaining the answers from the documents is 20 substantially the same for plaintiffs as for Defendant.; 21 (D) Douglas Wayne Merrill 22 INTERROGATORY NO. 25: 23 Prior to 1973, did any person file a Workers' compensation claim for 24 asbestos-related injury against THIS DEFENDANT or against any Workers' Compensation 25 insurance carrier which provided coverage for THIS DEFENDANT? If so, state the total 26 number of such claims and for the first 20 such claims state: 27 (a) The date of such claim; 28 (b) The name of the claimant; 17. 1 (c) The case number; 2 (d) The court in which the claim was filed; i Vi-v . :. 3 (e) The IDENTITY of THIS DEFENDANT'S custodian of DOCUMENT(S) 4 evidencing such claim. , /. 5 RESPONSE TO INTERROGATORY NO. 25: :y : 6 Not to defendant's knowledge. . . 7 INTERROGATORY NO. 26: ' . .; :; 8 Does THIS DEFENDANT have insurance available to cover judgement(s) entered 9 against it in asbestos-related personal injury lawsuits?, If so, state: 10 (a) The name and principle place of business of any insurance carrier who has 11 issued such policy of insurance: 12 (b) The effective date of each policy; 13 (c) The amount(s) of coverage of each policy; 14 (d) The applicable dates of coverage. 15 RESPONSE TO INTERROGATORY NO. 26: ^ V" 16 Yes. See the attached Exhibit A. 17 INTERROGATORY NO. 27: 18 State whether YOU have controlled, purchased, or in any way acquired any interest 19 in any corporation or business entity which has mined, manufactured, produced, 20 processed, compounded, sold, supplied, distributed and/or otherwise placed asbestos or 21 asbestos-containing products in the stream of commerce, and if so, state: 22 (a) The name and address of said corporation or business entity; 23 (b) The dates YOU controlled, purchased or acquired any interest; and 24 (c) The nature of the business as it pertained to asbestos. 25 RESPONSE TO INTERROGATORY NO. 27: 26 Yes. 27 (a) PACO Textures Corporation, Berkeley, California; 28 18. 1 (b) 12/19/6O :` : . - 2 r ; (c) Manufacture of taping compound, joint compound, ceiling textures. 3 INTERROGATORY NO. 28: ^ 4 State whether THIS DEFENDANT, between 1930 and 1985, has ever engaged in 5 the following activities with regard to RAW ASBESTOS, and if so, please state the inclusive 6 dates of such activity: 7 (a) Mining; 8 (b) Milling; 9 (0, Supply; 10 (d) Importing; n (e) Processing; 12 (f> Distribution; 13 (g) Marketing; 14 (h) Sale. 15 (I)" Brokering' 1 16 RESPONSE TO INTERROGATORY NO. 28: 17 No. 18 INTERROGATORY NO. 29: 19 If YOUR answer to any of subparts of Interrogatory 28 regarding RAW ASBESTOS 20 is in the affirmative, state: '' 21 (a) The trade, brand name, and/or generic name of such RAW ASBESTOS milled 22 or marketed in any form or quantity between 1930 and 1985; 23 (b) The date(s) such RAW ASBESTOS was first placed on the market, including 24 the date(s) such RAW ASBESTOS was first marketed; 25 (1) On an experimental basis; 26 (2) On a test basis; 27 (3) For sale. 28 (c) The date(s) such RAW ASBESTOS: 1 (1) Ceased to be produced; or 2 (2) Was recalled from the market, if ever. 3 (d) A description of the chemical composition of such RAW ASBESTOS 4 including the type and/or grade of asbestos; . . 5 (e) A description of the physical appearance arid nature of such RAW 6 ASBESTOS, including any color coding, distinctive marking and/or logo on 7 the packaging or container; . - 8 (f) A detailed description of the intended use of such RAW ASBESTOS, 9 including any temperature limits for each such use; 10 (g) Whether such RAW ASBESTOS was on the U.S. Government's "Qualified 11 Products List," and if so, the inclusive dates it was on such list; 12 (h) IDENTIFY to whom such RAW ASBESTOS has, at any time, been sold. As 13 to each such, state: 14 (I) Whether any of THIS DEFENDANT'S RAW ASBESTOS has at any time, been 15 -sold shipped/-or-otherwise distributed, used or installed to or at any 16 COMPANY (including power company or utility), governmental agency or 17 entity, shipyard, distributor, refinery, contractor, supplier, premise owner 18 or occupant, ship owner, or other premise or site in the GEOGRAPHIC 19 AREA and whether any of THIS DEFENDANT'S RAW ASBESTOS has at any 20 time, been sold to any manufacturer, or manufacturing facility, of 21 ASBESTOS-CONTAINING PRODUCT(S). If so, state: 22 (1) The names of each such COMPANY, governmental agency or entity, 23 shipyard, distributor, supplier, manufacturer or refinery; 24 (2) The inclusive dates of each such sale and the amount (quantity) and 25 the trade brand name of such RAW ASBESTOS sold; 26 (3) The manner of shipment (e.g. boat, rail, etc.) 27 (4) Whether YOU have any records indicating such sale or shipment and, 28 is so, the name, address and job classification of each person who 20. v, 1 currently has possession of such records. ' 2 (5) Either (1) attach all DOCUMENT(S) evidencing the information 3 . sought in this Interrogatory and its subparts to YOUR answers to 4 these Interrogatories, or (2) attach disks containing such data, or (3) 5 VC' ; - ' ' describe such DOCUMENT(S) with sufficient particularity that they 6 may be made the subject of a request for production of '7 DOCUMENT(S). ` ; \ . ^. 8 RESPONSE TO INTERROGATORY NO. 29: 9 N/A - 10 INTERROGATORY NO. 30: 11 Between 1930 and 1985, did YOU ever engage in the following activities with 12 regard to ASBESTOS-CONTAINING PRODUCT(S)? If so, please state the inclusive dates 13 of such activity: 14 15 ~ (a) Supply; {b)``'Cs Importing;$. V****. 16 (c) Distribution; 17 . (d) Marketing; 18 (e) Sale; 19 (f) Labeling; 20 (g) Manufacturing; 21 (h) Brokering. 22 RESPONSE TO INTERROGATORY NO. 30 23 (a) Yes; 24 (b) NO; 25 (c) Yes; (d) Yes; (e) Yes; (f) Yes; 21. 1 (g) Yes; 2 (h) No. ' ; - '7.; \ 3 INTERROGATORY NO. 31: 4 If YOUR answer to any subpart of Interrogatory No. 30 regarding 5 "ASBESTOS-CONTAINING PRODUCT(S)" is in the affirmative, please state the following: 6 (a) The trade, brand name, and/or generic name of each such 7 ASBESTOS-CONTAINING PRODUCT(S) marketed in any form or quantity 8 between 1930 and 1985; 9 (b) The date(s) each such ASBESTOS-CONTAINING PRODUCT(S) was first 10 placed on the market, including the date(s) each such 11 ASBESTOS-CONTAINING PRODUCT(S) was first marketed: 12 (1) on an experimental basis; 13 (2) on a test basis; or 14 (3) for sale. 15 (c) .'. The date(s) each such asbestos-containing product: 16 (1) ceased to be produced; or 17 (2) was recalled from the market, if ever. 18 (d) A detailed description of the chemical composition of each such 19 asbestos-containing product, including the type and/or grade of asbestos 20 and/or asbestos fiber contained in each such product and the quantitative 21 percentage of asbestos or asbestos fiber in each such product, and all non 22 asbestos components of the ASBESTOS-CONTAINING PRODUCT(S), and if 23 the chemical composition changed over time, the inclusive dates of each 24 formulation; 25 (e) A description of the physical appearance and nature of each 26 asbestos-containingproduct, including any color coding, distinctive marking 27 and/or logo, either on the product or on the packaging; 28 (0 A detailed description of the intended use of each such asbestos-containing 22 . 1 product, including any temperature limits for each such use; 2 V - (g) Whether any such asbestos-containing product was on the U.S. 3 Government's "Qualified Products List", and if so, the inclusive dates it was 4 on such list; :, 5 (h) The name and address of the: suppliers of the RAW ASBESTOS fiber used in 6 each such product and the time period of such supply; 1 (I) Whether any of THIS DEFENDANT'S RAW ASBESTOS or 8 ASBESTOS-CONTAINING PRODUCT(S) have, at any time, been sold to any 9 companies (including power company or utility), governmental agency or 10 entity, shipyard, distributor, refinery, contractor, supplier manufacturer, 11 premise owner or occupant, ship owner, premise or site in the 12 GEOGRAPHIC AREA. If so, please state: 13 (1) The names of each such COMPANY, governmental agency or entity, 14 shipyard, distributor, supplier, manufacturer or refinery, contractor 15 ^ ^ premise owner or occupant,-ship owner, premise or site; 16 (2) The inclusive dates of each such sale, shipment, distribution, use or 17 installation and the amount (volume) and the trade or brand name 18 of each such asbestos-containing product sold; 19 (3) Whether YOU have any records indicating any such sale, shipment, 20 distribution, use or installation and, if so, the name, address and job 21 classification of each individual who currendy has possession of such 22 records. 23 (j) Either (1) attach all DOCUMENT(S) evidencing the information sought in 24 this Interrogatory and its subparts to YOUR answers to these 25 Interrogatories, or (2) attach disks containing such data, or (3) describe 26 such DOCUMENT(S) with sufficient particularity that they may be made the 27 subject of a request for production of DOCUMENT(S). 28 /// 23. 1 RESPONSE TO INTERROGATORY NfO. 31: r 2 a) Bedding cement; b) 12/60; c) 1970; d) dry powder chrysolite 6.0%; e) grayish- 3 white powder; I) embedding tape over interior gypsum board joints; between 50'F and 4 100`F; g) Not to defendant's knowledge; h, i) See below; a) Taping Compound; b) 1970; 5 c) use of asbestos discontinued December 15, 1977; d) dry powder chrysotile 0-8.3%; e) 6 grayish-white powder; f) embedding tape over interior gypsum board joints; between 7 50'F and 100`F; g) Not to defendant's knowledge; h, i) See below; a) Finishing 8 compound b) 12/60; c) use of asbestos discontinued December 20, 1977; d) dry powder 9 chrysotile 0-7.5%; e)yellow or gray powder; i) conceal joints and nail holes with interior 10 gypsum board joints; between 50`F and 100'F; g) Not to defendant's knowledge; h, i) 11 See below; a) Quick-set joint compound; b) 1963; c) use of asbestos discontinued January 12 8, 1978; d) dry powder chrysotile 0-6.0%; e) off-white powder; f) fast setting joint 13 compound;; between 45'F and 80`F; g) Not to defendant's knowledge; h, i) See below; 14 a) All purpose; b) 12/60; c) Use of asbestos discontinued January 10, 1978; d) dry powder 15 chrysotile 0-8-3%; e) grayish-white powder; f) taping,/topping and texturing; between 16 50'F and 100'F; g) Not to defendant's knowledge; h, i) See below; a) Triple duty; b) 17 1969; c) 1971; d) dry -powder chrysotile 0-8.3%; e) grayish-white powder; f) taping, 18 topping and texturing; between 50 'F and 100*F; g) Not to defendant's knowledge; h, i) 19 See below; a) Ready Mix Taping Compound; b) limited to customer request; c) 20 withdrawn from market April 1976; d) pre-mix chrysotile 2.0-2.6%; e) off-white paste; 21 embedding tape over interior gypsum board joints; between 50`F and 100*F; g) Not to 22 defendant's knowledge; h, i) See below; a) Ready Mix All Purpose; b) 12/60; c) use of 23 asbestos discontinued January 13, 1978; d) pre-mix chrysotile 0-2.6%; e) off-white paste; 24 f) taping, topping and texturing interiors; between 50'F and 100* F; g) Not to defendant's 25 knowledge; h, i) See below; a) Ready Mix Topping Compound; b) 1963; c) use of 26 asbestos discontinued January 14, 1978; d) pre-mix chrysotile 0-2.65; e) off-white or 27 yellow paste; f) conceal joints for interior gypsum board; between 50*F and 100*F; g) 28 Not to defendant's knowledge; h, i) See below; a) Wall texture; b) 12/60; c) use of 24. 1 asbestos discontinued February 11, 1978; d) dry powder chrysotile 0-8.8%; e) off-white; 2 f) wall texture on interiors; between 50*F and 100 -F; g) Not to defendant's knowledge; 3 h, i) See below; a) Bestex A; b) 1969; c) withdrawn September 1971; d) dry powder 4 chrysotile 0-8.8%; e) off-white paste; f) wall texture on interiors; between 50'F and ; 5 100*F; g) Not to defendant's knowledge; h, i) See below; a) Ceiling texture; b)l964; c) 6 use of asbestos discontinued March 9, 1978; d) dry powder chrysotile 0-10%; e) off-white 7 or white powder; f) texture for interior ceilings; between 50*F and 100'F; g) Not to 8 defendant's knowledge; h, i) See below; a) Bestex D; b) 1969; c) withdrawn September 9 1971; d) dry powder chrysotile 0-10%; e)off-white or white powder; f) texture for interior 10 ceilings; between 50'F and 100`F; g) Not to defendant's knowledge; h, i) See below; a) 11 Bestex D-40; b)1964; c) use of asbestos discontinued March 9, 1978; d) dry powder 12 chrysotile 0-10%; e) off-white or white powder; f) texture for interior ceilings; between 13 50'F and 100`F; g) Not to defendant's knowledge; h, i) See below; a) Product 225; b) 14 1963; c) use of asbestos discontinued 1968; d) paint chrysotile 0-6.1%; e) paint; f) surface 15 conditioner; g) Not to defendant's knowledge; h, i) See below; a) Product 235; b) 1972; 16 c) use of asbestos discontinued 1978; d) paint chrysotile 0-7.5%; e) paint; f) Tex-bond; 17 g) Not to defendant's knowledge; h, i) See below; a) Product 521; b) 1974; c) use of 18 asbestos discontinued 1978; d) paint chrysotile 0-3 9%; e) paint; f) block filler; g) Not to 19 defendant's knowledge; h, i) See below; a) Radiant heat fill; b) 1974; c) use of asbestos 20 discontinued by 1978; d) dry powder^chrysotile; e) powder; f) radiant heat fill; g) Not to 21 defendant's knowledge; h, i) See below; a) Product 1111; b) 10/70; c) use of asbestos 22 discontinued 1974; d) paint chrysotile 0-2.74%; e) paint; f) texture coating; g) Not to 23 defendant's knowledge; h, i) See below; a) Ready Mix Joint Cement; b) 12/60; c) use of 24 asbestos discontinued January 13, 1978; d) pre-mix chrysotile 0-2.6%; e) off-white paste; 25 1) taping, topping and texturing interiors;; between 50`F and 100'F; g) Not to 26 defendant's knowledge; h, i) See below; a) Ready mix wall texture; b) short period only; 27 c) unknown but prior to 1978; d) unknown, discovery is continuing; e) off-white; f) 28 texture walls; g) Not to defendant's knowledge; h, i) See below; a) Paco Crete; b) 1970; 25. 1 c) use of asbestos discontinued October 1977; d) unknown, discovery is continuing; e) 2 off-white; concrete wall void filler; g) Not to defendant's knowledge; h, i) See below; a) 3 Product 1112; b) 9/70; c) use of asbestos discontinued 1974; d) paint chrysotile 0-4.54%; 4 e) paint; f) texture coating; g) Not to defendant's knowledge; h, i) See below; a) Product 5 1133; b) unknown; c) use of asbestos discontinued 1974; d) paint chrysotile 0-3%; e) 6 paint; I) texture coating; g) Not to defendant's knowledge; h, i) See below; a) Shur-hide; 7 b) est. 1964; c) use of asbestos discontinued 1977 or prior; d) dry powder chrysotile 0 8 8.8%; e) off-white paste; f) wall texture on interiors; between 50'F and 100 "F; g) Not 9 to defendant's knowledge; h, i) See below. _ .$ 10 (h) Asbestos was purchased from Johns-Manville, Union Carbide and Carey 11 Canada, and from distributors who resold these manufacturer's products. 12 Further answer to this interrogatory may be derived or ascertained from the 13 approximately 88 boxes of documents currently stored at 987 Commercial 14 Street, San Carlos, California, 94070, which have already been produced to 15 and copied by plaintiffs attorneys.--The burden of deriving or ascertaining 16 the answers from the documents is substantially the same for plaintiffs as 17 for Defendant. 18 (i) A response to this interrogatory may be derived or ascertained from the 19 approximately 88 boxes of documents currently stored at 987 Commercial 20 Street, San Carlos, California, 94070, which have already been produced to 21 and copied by plaintiffs attorneys. The burden of deriving or ascertaining 22 the answers from the documents is substantially the same for plaintiffs as 23 for Defendant. 24 INTERROGATORY NO. 32: 25 Did YOU install, remove, or handle or contract to have others install, remove or 26 handle RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCT(S) at any premises in the 27 GEOGRAPHIC AREA which premises is at issue as to YOU in the San Francisco Superior 28 Court asbestos litigation as of the date of YOUR answers to these interrogatories? If so: 26. ; . > 1 (a) - IDENTIFY the premises; 2 (b) ; For each premises: . rV' : 7>-' ' _,v; -s-L. -5:. t- 3 (1) State the nature of YOUR ownership or possessory interest; - ' 4 (2) State the inclusive dates of that interest; , 5 : (3) IDENTIFY the party from whom that interest was acquired; i 6 . (4) IDENTIFY the party, if any, to whom that interest was transferred; 7 (c) IDENTIFY every contract to which YOU were a party or of which YOU have 8 knowledge wherein the performance of such contract involved the 9 installation, removal, disturbing or handling of any RAW ASBESTOS or 10 ASBESTOS-CONTAINING PRODUCT(S) at YOUR premises. For each such 11 contract; _ 12 (1) IDENTIFY the parties to the contract; 13 (2) Provide a general description and specific location of the work to be 14 performed by each party to the contract; 15 : (3) 1 IDENTIFY and describe the nature of the RAW ASBESTOS or 16 ASBESTOS-CONTAINING PRODUCT(S) installed, removed, disturbed or 17 handled in the performance of the contract; 18 (4) State the dates of the contract and the dates of performance; 19 (d) Except as provided in response to subpart (c), has any work other than 20 routine maintenance been done on or to the premises that involved the 21 installation, removal, disturbing or handling of RAW ASBESTOS or 22 ASBESTOS-CONTAINING PRODUCT(S)? If so, for each such instance: 23 (1) State the inclusive dates of the work; 24 (2) Provide a general description and specific location of the work; 25 (3) State whether the work was done by YOU and/or YOUR employees; (4) IDENTIFY and describe the nature of the RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCT(S) installed, removed, handled or disturbed; 27 . 'd:.V. :-r 1 (5) IDENTIFY from whom the RAW ASBESTOS or ASBESTOS-CONTAINING 2 PRODUCT(S) were acquired. - ,; '\V'vy ,.v,;/ ' 3 (e) Has any asbestos abatement effort been made at the premises? If so, for 4 each such effort: v -/' :* 5 (1) IDENTIFY who did the work; " : : r ; : - 6 (2) State the inclusive dates thereof; ' 7 (3) State whether samples were taken, and, if the samples still exist, 8 IDENTIFY the custodian of the samples; , ~. 9 (4) State whether any material was tested, and if so, what were the results 10 of each test; 11 (5) IDENTIFY each test result with sufficient particularity for purposes of 12 a request for production of DOCUMENT(S), or, in the alternative, attach a 13 copy to YOUR answers to these interrogatories; 14 (f) Except for insurance coverage litigation, have YOU filed suit against, or 15 i -.1 otherwise sough to recover from,-any person or entity for some or all of the 16 cost of asbestos abatement for the property damage allegedly caused by the 17 presence of RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCT(S) on 18 the premises identified in response to subpart (a) above? If so: 19 (1) IDENTIFY the person or entity against whom YOU have filled suit or 20 otherwise sought to recover; -v 21 (2) If YOU have filled suit, state the court in which the action was filed, 22 the date on which it was filed, IDENTIFY all plaintiffs and 23 DEFENDANTS and their counsel of record; 24 (3) State whether or not the case has been resolved, and, if so, what was 25 the status or disposition. 26 (g) Either (1) attach all DOCUMENT(S) evidencing the information sought in 27 this Interrogatory and its subparts to YOUR answers to these 28 Interrogatories, or (2) attach disks containing such data, or (3) describe 28. 1 such DOCUMENT(S) with sufficient particularity that they may be made the 2 /. .. . subject of a request for production of DOCUMENT(S). , 3 (h) IDENTIFY the person(s) presently most knowledgeable about the 4 information sought in this Interrogatory or its subparts. 5 RESPONSE TO INTERROGATORY NO. 32: - 6 Not to Defendant's knowledge. . : 7 INTERROGATORY NO. 33: . > ' : ' '. ' 8 At any time between 1930 and 1955, did YOU hold a contractors' license in the 9 State of California? If so: ______ ___ ,, . ,.......... 10 (a) IDENTIFY each license by type, date and number. 11 (b) If on the date of YOUR answers YOU are a DEFENDANT in four or more 12 asbestos actions in San Francisco Superior Court, IDENTIFY each job or 13 contract that YOU performed (direcdy or through one or more 14 subcontractors) during the this time period for work in any premises which 15 w.v -is at issue as to YOU on such date,- and in any premises of 50,000 square 16 feet or more in the GEOGRAPHIC AREA which job or contract involved 17 installation, removal, distributing or handling RAW ASBESTOS or 18 asbestos-containing products. (Alternatively, at YOUR option, YOU may 19 IDENTIFY each job contract YOU performed (directly or through one or 20 more subcontractors) during this time frame for all work, or for all work on 21 premises of 50,000 square feet or more, in GEOGRAPHIC AREA.) As to 22 each such job or contract: 23 (1) IDENTIFY the location (including name of ship, if applicable) where 24 the job or work was performed; 25 (2) State the date of the contract or the inclusive dates of the work; 26 (3) IDENTIFY the person or entity with whom YOU contracted; 27 (4) State YOUR job or contract number. 28 (c) If on the date of YOUR answers YOU are not a DEFENDANT in four or 29. 1 more asbestos actions in San Francisco Superior Court, IDENTIFY each job 2 or contract that YOU performed (direcdy or through subcontractors) during 3 this time period for work in any premises which is at issue as to YOU on 4 such date. As to each such job contract: 5 (1) IDENTIFY the location (including name of ship, if applicable) where 6 the job or work was performed; 7 (2) State the date of the contract or the inclusive dates of the work; 8 (3) IDENTIFY the person or entity with whom YOU contracted; 9 (4) State YOUR job or contract number. 10 RESPONSE TO INTERROGATORY NO. 33: 11 No. 12 INTERROGATORY NO. 34: 13 Did any of the distributors identified in YOUR Answer to Interrogatory Nos. 29 and 14 31 have an exclusive distributorship? If so, state the relevant time period. 15 RESPONSE TO INTERROGATORY NO.34: - ^ 16 N/A. . 17 INTERROGATORY NO. 35: 18 If THIS DEFENDANT entered into any agreements for the rebranding of any 19 ASBESTOS-CONTAINING PRODUCTS by THIS DEFENDANT for resale or distribution by 20 another person or entity, describe each agreement's terms and the parties to said 21 agreement, the duration of the agreement, and name of each product(s) and/or 22 material(s) covered by each such agreement. 23 RESPONSE TO INTERROGATORY NO. 35: 24 A rebranding agreement was entered into by Defendant with Georgia-Pacific to 25 have a small quantity of products sold under the Georgia-Pacific label. This agreement 26 was in effect from 1969-1971. See Exhibit B. 27 Further answer to this interrogatory may be derived or ascertained from the 28 approximately 88 boxes of documents currently stored at 987 Commercial Street, San 30. 1 Carlos, California, 94070, which have already been produced to and copied by plaintiffs 2 attorneys. The burden of deriving or ascertaining the answers from the documents is 3 substantially the same for plaintiffs as for Defendant. 4 INTERROGATORY NO. 36 5 ' If THIS DEFENDANT entered into any agreements for the rebranding of 6 ASBESTOS-CONTAINING PRODUCTS manufactured, sold, supplied or distributed by 7 another person or entity for resale or distribution by YOU, describe each of the 8 agreements and the parties to said agreement, the terms, the duration, and the names of 9 each product(s) and/or material(s) covered by each such agreement. 10 RESPONSE TO INTERROGATORY NO. 36: 11 N/A. 12 INTERROGATORY NO. 37: 13 As to RAW ASBESTOS and to each such ASBESTOS-CONTAINING PRODUCT listed 14 in YOU responses it Interrogatories Nos. 29 and 31, did DEFENDANT warn of the health 15 hazards of asbestos? If so,' state for each such warning: . v 16 (a) The content, size, color, and location;; whether the warning appeared on 17 the material and/or on the container, and/or was placed on a tag; whether 18 the warning was included in contracts; whether the warning was included 19 in advertising or other promotional materials. 20 (b) State whether YOU have any photographs there of; 21 (c) The inclusive dates on which YOU used each such warning; 22 (d) State all changes YOU made in such warnings and the dates of such 23 changes; 24 (e) IDENTIFY the person most knowledgeable about YOUR warnings and 25 warning policy. 26 RESPONSE TO INTERROGATORY NO. 37: 27 Yes. 28 (a) OSHA specified the size and locations of such warnings. The warnings were 31. 1 not located on the product due to its form. As such, warnings were placed 2 . ': . oh the product's packaging. The warning size was 1-1/2" x 3 Vi" or larger. 3 The warning read as follows: ,- 4 "Caution-read before using. Contains asbestos fibers. Avoid breathing dust. 5. ; > : Breathing asbestos dust may cause bodily harm. " / ; - 6 (h) -Yes; ' ' _. . .. 7 (c) November of 1972 to removal of asbestos; 1 8 (d) None; ^ 9 (e) Douglas Wayne Merrill. . _ . . , ..... / 10 INTERROGATORY NO. 38: 11 With respect to each of YOUR ASBESTOS-CONTAINING PRODUCT(S), state 12 whether THIS DEFENDANTS name, trademark, logos, color coding, or other 13 IDENTIFYING markings ever appeared on the actual product itself. If so, IDENTIFY each 14 such product, state when the practice to place such identifying markings upon the 15 product was begun and when it ended, if applicable, and describe in detail the pertinent 16 marking(s) and the purpose, if any, of such markings. 17 RESPONSE TO INTERROGATORY NO. 38: 18 No. 19 INTERROGATORY NO. 39: 20 Between the years 1930 to 1985, did THIS DEFENDANT purchase or otherwise 21 acquire any ASBESTOS-CONTAINING PRODUCT(S) lines from another person or entity? 22 If so, state for each such purchase: 23 (a) Date of purchase or acquisition; 24 (b) Terms of purchase or acquisition agreement; 25 (c) Either (1) attach all DOCUMENT(S) evidencing said acquisition, or (2) 26 attach disks containing such data, or (3) describe such DOCUMENT(S) with 27 sufficient particularity that they may be made the subject of a request for 28 production of DOCUMENT(S). 32. 1 (d) Trade, brand, and/or generic name for each such product line so acquired; 2 (e) Name of the person or entity from whom YOU purchased such ASBESTOS- 3 CONTAINING PRODUCT(S) line; ^ 4 (f) Location of any manufacturing facilities so acquired, and the type of 5 ASBESTOS-CONTAINING PRODUCT(S) manufactured therein. 6 RESPONSE TO INTERROGATORY NO, 39: ; 7 Yes. See response to Interrogatory No. 27 and Exhibit A. 8 INTERROGATORY NO. 40: 9 Between the years 1930 to 1985, did THIS DEFENDANT sell any ASBESTOS- 10 CONTAINING PRODUCT(S) lines to another person or entity? If so, state for each such 11 sale: 12 (a) Date of sale; 13 (b) Terms of sales agreement; 14 (c) Either (1) attach all DOCUMENT(S) evidencing said sale, or (2) attach disks 15 - ' containing such data. or (3) describe such DOCUMENT(S) with sufficient 16 particularity that they may be made the subject of a request for production 17 of DOCUMENT(S). 18 (d) Trade, brand, and/or generic name for each such product line sold; 19 (e) Name of the person or entity to whom YOU sold such ASBESTOS- 20 ^ CONTAINING PRODUCT(S) line; .. 21 (1) Location of any manufacturing facilities so sold, and the type of ASBESTOS- 22 CONTAINING PRODUCT(S) manufactured therein. 23 RESPONSE TO INTERROGATORY NO. 40: 24 Not to Defendant's knowledge. 25 INTERROGATORY NO. 41: 26 IDENTIFY all brochures, pamphlets, catalogs or other advertising relating to 27 ASBESTOS-CONTAINING PRODUCTS and/or RAW ASBESTOS fibers which THIS 28 DEFENDANT manufactured, sold, distributed or supplied from the year 1930 to 1985. 33. 1 For each such document please state: 2 (a) '. A description of the document, . v. < 3 (b) The year it was printed; * : 4 (c) The period of time in which it was used; , : - 8 ' ` 5 (d) The purpose of such document- -.1 ,s>:`\ ` 6 (e) Whether the DOCUMENT(S) or copies of said DOCUMENT(S) presently 7 exist; 8 (f) If said DOCUMENT(S) or copies still exist, where they are located; and 9 (g) The IDENTITY of the custodian of such DOCUMENT(S). 10 RESPONSE TO INTERROGATORY NO. 41: .' 11 An answer to this interrogatory may be derived or ascertained from the 12 approximately 88 boxes of documents currently stored at 987 Commercial Street, San 13 Carlos, California, 94070, which have already been produced to and copied by plaintiff's 14 attorneys. The burden of deriving or ascertaining the answers from the documents is 15 substantially the same for plaintiffs :as.for,Defcndam.`^?W<l-Vi^r.'... 16 INTERROGATORY NO. 42: 17 State if YOU have or had within YOUR corporate or other business structure any 18 CONTRACT UNITS. 19 RESPONSE TO INTERROGATORY NO. 42: 20 No. ' 21 INTERROGATORY NO. 43: 22 State whether or not any of YOUR CONTRACT UNITS installed and/or removed 23 RAW ASBESTOS fiber and/or ASBESTOS-CONTAINING PRODUCTS in the GEOGRAPHIC 24 AREA at any time between 1930 and 1983- If so: 25 (a) State the business addresses and names of the contract unit; 26 (b) The inclusive periods of time the contract units were working in the 27 GEOGRAPHIC AREA; 28 (c) State the name and address of each job site within the GEOGRAPHIC AREA 34. 1 and the dates the contract unit worked at those job sites, and, IDENTIFY 2 the RAWASBESTOS and/orASBESTOS-CONTAINING PRODUCT(S) installed 3 or removed on each occasion;. ; 4 (d) Either (1) attach all DOCUMENT(S) evidencing the information sought in 5 - ; :.. this Interrogatory and its subparts to YOUR Answers to Interrogatories, or 6 (2) attach disks containing such data, or (3) describe such DOCUMENT(S) 7 with sufficient particularity that they may be made the subject of a request 8 for production of DOCUMENT(S). ' 9 RESPONSE TO INTERROGATORY NO. 43:...... 10 N/A. 11 INTERROGATORY NO. 44: 12 When do YOU contend that THIS DEFENDANT first became aware that there is an 13 association between asbestos exposure and disease in human beings. 14 RFSPONSE TO INTERROGATORY NO.44: 15 No individual at Kelly-Moore Paint Company, Inc.,-has any specific recollection of 16 the date by which Kelly-Moore Paint Company, Inc. obtained such knowledge but it is 17 believed that the information was learned in July of 1972 pursuant to information 18 provided by OSHA. Further answer to this interrogatory may be derived or ascertained 19 from the approximately 88 boxes of documents currently stored at 987 Commercial 20 Street, San Carlos, California, 94070, which have already been produced to and copied 21 by plaintiff's attorneys. The burden of deriving or ascertaining the answers from the 22 documents is substantially the same for plaintiffs as for Defendant. 23 INTERROGATORY NO. 45 : 24 How do YOU contend THIS DEFENDANT first became aware that there is an 25 association between asbestos exposure and disease in human beings. RESPONSE TO INTERROGATORY NO. 45: No individual at Kelly-Moore Paint Company, Inc., has any specific recollection of the event by which Kelly-Moore Paint Company, Inc. obtained such knowledge but it is 35. 1 believed that the information was learned in July of 1972 pursuant to information 2 provided by OSHA. Further answer to this interrogatory may be derived or ascertained 3 from the approximately 88 boxes of documents currently stored at 987 Commercial 4 Street, San Carlos, California, 94070, which have already been produced to and copied 5 by plaintiffs attorneys. The burden of deriving or ascertaining the answers from the 6 documents is substantially the same for plaintiffs as for Defendant. 7 INTERROGATORY NO. 46: 8 Either (1) attach all DOCUMENT(S) evidencing the information upon which YOUR 9 Answers to Interrogatories Nos. 44 and 45 are based, or (2) attach disks containing such 10 data, or (3) describe such DOCUMENT(S) with sufficient particularity that they may be 11 made the subject of a request for production of DOCUMENT(S). 12 RESPONSE TO INTERROGATORY NO. 46: 13 An answer to this interrogatory may be derived or ascertained from the 14 approximately 88 boxes of documents currently stored at 987 Commercial Street, San 15 Carlos, California, 94070, which have'already been produced to and copied by plaintiffs 16 attorneys. The burden of deriving or ascertaining the answers from the documents is 17 substantially the same for plaintiffs as for Defendant. 18 INTERROGATORY NO. 47: 19 When did THIS DEFENDANT first warn its employees that exposure to asbestos 20 could be hazardous to human health? State: 21 (a) Whether the first such warnings were written or oral; 22 (b) Whether copies of DOCUMENT(S) containing such warning exist; 23 (c) The IDENTITY of the custodian of such DOCUMENT(S); 24 (d) The content of the warning. 25 RESPONSE TO INTERROGATORY NO. 47: 26 No individual at Kelly-Moore Paint Company, Inc., has any specific recollection of 27 the date on which Kelly-Moore Paint Company, Inc. provided such information to its 28 employees, but it is believed to have been in July of 1972 pursuant to information 36. 1 provided by OSHA resulting in the inception of the employee health program. Further 2 answer to this interrogatory may be derived or ascertained from the approximately 88 3 boxes of documents currently stored at 987 Commercial Street, San Carlos, California, 4 94070, which have already been produced to and copied by plaintiffs attorneys. The 5 burden of deriving or ascertaining the answers from the documents is substantially the 6 same for plaintiffs as for Defendant. ;. 7 INTERROGATORY NO. 48: ; 8 Did THIS DEFENDANT ever issue a written COMPANY policy discontinuing 9 warning its employees that exposure to asbestos could be hazardous to human health? 10 If so, 11 (a) Provide the date; 12 (b) Describe the circumstances; and 13 (c) Either (1) attach all DOCUMENT(S) evidencing the information sought in 14 this Interrogatory and its subparts to YOUR Answers to Interrogatories, or 15 - (2) attach disks containing such data,-or (3) describe such DOCUMENT(S) 16 with sufficient particularity that they may be made the subject of a request 17 for production of DOCUMENT(S). 18 RESPONSE TO INTERROGATORY NO. 48: i9 Not to Defendant's knowledge. 20 INTERROGATORY NO. 49: 21 Did THIS DEFENDANT provide any Independent Contractor or Subcontractor 22 within the GEOGRAPHIC AREA with a written warning that exposure to asbestos could 23 be hazardous to human health. 24 RESPONSE TO INTERROGATORY NO. 49: 25 Yes. A warning label was contained on the product packaging. See response to 26 interrogatory No. 37. 27 INTERROGATORY NO. 50: 28 Has THIS DEFENDANT been cited for or otherwise charged by a public agency 37 . 1 with a violation in the GEOGRAPHIC AREA of any-statue, ordinance, safety order, 2 regulation, or law pertaining to asbestos exposure? For each occasion, IDENTIFY: 3 (a) The code section, safety order, statue, or regulation for which THIS 4 DEFENDANT had been cited or otherwise charged. 5 (b) The date(s) thereof; v' ' 6 (c) The agency or other governmental unit which issued the citation or 7 otherwise charged YOU. 8 (d) All persons known to YOU with information relevant to the incident. 9 (e) What was the ultimate resolution. ,......... . ^ 10 RESPONSE TO INTERROGATORY NO. 50: 11 Not to Defendant's knowledge. 12 INTERROGATORY NO. 51: 13 If THIS DEFENDANT has ever owned or operated a railroad, state: 14 (a) The IDENTITY of each such railroad, including the name(s) of such railroad 15 ` during the time period of YOUR ownership and/or operation, the principle 16 place of business of such railroad and the dates of YOUR ownership and/or 17 operation; 18 (b) The GEOGRAPHIC AREA of operation of such railroad; 19 (c) The name(s) of such railroad prior to YOUR ownership and/or operation; 20 (d) The IDENTITY of the person or entity from whonryYOU purchased YOUR 21 ownership or operating interest, and the date of such purchase; 22 (e) The IDENTITY of the person or entity to whom YOU sold YOUR ownership 23 or operating interest, and the date of such sale; 24 (f) Whether copies of DOCUMENT(S) evidencing YOUR ownership/operation 25 and/or sale exist; 26 (g) The IDENTITY of the custodian of such DOCUMENT(S); 27 (h) To the extent that information has not been given in Answers to 28 Interrogatory Nos. 32 and 33, the information requested in Interrogatory 38. 1 Nos. 32 and 33, for each railroad owned or operated by YOU. 2 RESPONSE TO INTERROGATORY NO. SI: 3 ; n/a. ' ' 4 INTERROGATORY NO. 52: 5 : " If THIS DEFENDANT has ever owned or operated a ship yard, state: 6 , (a) The IDENTITY of each such shipyard, including the name(s) of such 7 shipyard during the time period of YOUR ownership and/or operation, the 8 place of business of such shipyard and the dates ofYOUR ownership and/or 9 operation; ............. ..... 10 (b) The name(s) of such shipyard prior to YOUR ownership and/or operation; 11 _ (c) The IDENTITY of the person or entity to whom YOU sold YOUR ownership 12 or operating interest, and the date of such sale; 13 (d) Whether copies of DOCUMENT(S) evidencing YOUR ownership/operation 14 and/or sale exist; 15 (e) " Whether any representative of THIS DEFENDANT attended the Maritime 16 Commission Conference in December 1942 in Chicago, Illinois? If so, 17 IDENTIFY any such representative of THIS DEFENDANT; 18 (f) The IDENTITY of the custodian of such DOCUMENT(S); 19 (h) To the extent that information has not been given in Answers to 20 InterrogatoryNo. 32, the information requestedin Interrogatory No. 32, for 21 each shipyard owned or operated by YOU. 22 RESPONSE TO INTERROGATORY NO. 52 : 23 N/A. 24 INTERROGATORY NO. 53: 25 At any time between 1930 and 1985, did YOU import, export, ship, transship, or 26 otherwise transport RAW ASBESTOS or ASBESTOS-CONTAINING PRODUCT(S) into, out 27 of, or through any port in the GEOGRAPHIC AREA? If so, for each occasion: 28 (a) IDENTIFY and describe the nature and amount of RAW ASBESTOS and/or 39. ' >- L:\i- S' 1 ASBESTOS-CONTAINING PRODUCT(S); * 2 (b) IDENTIFY the ship or ships (including the owners and operators thereof) 3 onto or from which the RAW ASBESTOS and or ASBESTOS-CONTAINING 4 PRODUCT(S) were loaded, unloaded, or transshipped; 5 (c) State the dates, port and pier involved for each occasion; '"V 6 (d) Either (1) attach all DOCUMENT(S) evidencing the information sought in 7 this Interrogatory and its subparts to YOUR Answers to Interrogatories, or 8 (2) attach disks containing such data, or (3) describe such DOCUMENT(S) 9 with sufficient particularity that they may be made the subject of a request 10 for production of DOCUMENT(S). . :, 11 RESPONSE TO INTERROGATORY NO. S3: 12 Not to Defendant's knowledge. 13 DATED: January 23, 1998 14 Jackson & Wallace 15 16 17 COMPANY, INC. 18 19 20 21 22 23 24 25 26 27 28 Jeb\jnall\2 X l\gen-129 msi 40. Zurich 01/01/63- (Policies go 01/01/64 back to 1956) Zurich 01/01/64 . 01/01/65 Insurance 01/01/65 Company of 01/01/66 North America (INA) Insurance 01/01/66 Company of 01/01/67 North America : .T }>***: ' (INA) Insurance 01/01/67 Company of 01/01/68 North America (INA) Insurance 01/01/68 Company of 01/01/71 North ... America (INA) Hartford 01/01/70 Insurance 01/01/71 Group (approx.) U.S. Fire 01/15/71 - Insurance 01/15/72 U.S. Fire 01/15/72- Insurance 01/15/73 Liberty 01/15/73 Mutual 01/15/74 Liberty 01/15/74 Mutual 01/15/75 Liberty 05/01/74 Mutual 05/01/75 Liberty 05/01/75- Mutual 05/01/76 liberty 05/01/76 - Mutual 05/01/77 Liberty 05/01/77 Mutual 05/01/78 Truck 05/01/78 Insurance 05/01/82 8424080 ... Primary 8427219 MLP 089490 Primary Primary MLP104738 Primary GAL 31356 Primary GAL 48571 Primary 55 C 308925 ..... `.........' Primary GA 283099 Primary GA 620187 Primary LGI , Primary 161015355-043 LGI Primary 161015355-044 LGI Primary 161015355-094 LGI Primary 161015355-095 LGI Primary 161015355-096 LGI Primary 161015355-097 51200019 Primary 50K/100K 25K/100K 50K/100K .* 50K/100K 50K/100K 50K/100K . V'. - . - 100K/300K 500K/500K 500K/500K 500K/500K 500K/500K 500K/500K 500K/500K 500K/500K 500K/500K 1M Truck Insurance The Home Insurance 10/01/8210/01/83 10/01/83 10/01/84 N05030021 GL1438601 Primary 1M . ... Primary 500K/500K - - r--`-' V-: `' EXHEBTB KELLY MOORE PRODUCT NAME GEORGIA PACIFIC PRODUCT NAME 1. Bedding Bedding Cement 2. Topping Topping Cement 3. All Purpose Joint Cement All Purpose * 4.A11 Purpose Joint Cement 5. Ceiling texture K300 Triple Duly - -v". e** '' '`.'v-._-.-v v* Bestex D ' 6. Ceiling texture K340 Bestex D 7. Wall Texture 15X Bestex A 8. Wall Texture Bestex A 9. ReadyMix Joint Cement Ready-Mix ysyU **?nvy-A-y ' si-w; o-f. . . 1 VERIFICATION 2 I, Douglas Wayne Merrill, the undersigned, declare: 3 I am an officer, to wit: Vice President of Marketing and Manufacturing of Kelly- 4 Moore Paint Company, Inc., the answering defendant in the above-entitled mater, and I 5 have been authorized to make this verification on its behalf; 6 ^ I have read the foregoing RESPONSES OF KELLY-MOORE PAINT COMPANY, 7 INC. TO PLAINTIFFS STANDARD INTERROGATORIES TO ALL DEFENDANTS 8 (GENERAL ORDER 129) and know the contents thereof. I am informed and believe that 9 the matters stated therein are true and On that' ground I allege that the matters stated 10 therein are true. 11 -rk Executed at San Carlos, California, this i day of January, 1998. 12 13 DouglAs Wayne Merrill 14 Vice-President KELLY-MOORE PAINT 15 COMPANY, INC. 16 17 18 19 20 21 22 23 24 25 26 27 28 40. PROOF OF SERVICE I, Jill Harvey, hereby declare that I am over the age of eighteen years, not a party to the action, employed in the County of San Francisco, and that my business address is 580 California Street, 15tb Floor, San Francisco, California 94104. / am readilyfamiliar with this office's practice of collection andprocessing correspondencefor mailing with the United States Postal Service. On the date setforth below I served thefollowing document: "" ' r "c Defendant Kelly-Moore Paint Company, Inc. 's Responses to Plaintiffs Standard Interrogatories to All - Defendants (General Order No. 129) on the interestedparties named below, by placing true copies thereof enclosed in a sealed envelope, for collection and mailing with the United States Postal Service where it would be deposited in the United States Postal Service that same day in the ordinary course of business, addressed asfollows: ........ Ann Brodus, Esq. Brayton Harley Curtis P.O. Box 2109 Novato, CA 94948 and by transmitting a copy thereof on the same date byfacsimile transmission to saidperson as follows, a copy of the confirmation of which is attached hereto: Ann Brodus, Esq. Brayton Harley Curtis Fax: (415) 898-1247 / declare under penalty ofperjury and the laws of the State of California that the foregoing is true and correct. Executed at San Francisco, California on January 23, 1998. ') > l-1 J 1 O&VOOd VOGJ-L.V/