Document Rpjxd1ZZ9Yxd6R4Or8OV9eQwE
FILE NAME: Kaiser Gypsum (KG)
DATE: 1998
DOC#: KG 108 DOCUMENT DESCRIPTION: Legal - Response to Plaintiff's 1st Set of Interrogatories & Request for Production of Documents
1
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6
7 IN THE SUPERIOR COURT OF WASHINGTON
8 FOR KING COUNTY
A
10
SYLVIN W. PICKNER and EVELYN I.)
11 PICKNER, a married couple,
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)
12
Plaintiffs,
)
)
13
v.
)
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14 OWENS CORNING, et al.,
)
)
15
Defendant.
)
No. 98-2-09390-1 SEA
KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS
16
17 PROPOUNDING PARTY: SYLVIN W. PICKNER and EVELYN I. PICKNER
18 RESPONDING PARTY:
KAISER GYPSUM COMPANY, INC.
19
PRELIMINARY STATEMENT
20
No single person associated with Kaiser Gypsum has the knowledge necessary to supply every
21 answer to these interrogatories and request for production, and a number of individuals who might have
22 had personal knowledge of the matters addressed by these interrogatories are either deceased or no
23 longer employees o f Kaiser Gypsum.
24
25
KAISER GYPSUM COMPANY, INC. 'S RESPONSES
TO PLAINTIFFS' FIRST SET OF
INTERROGATORIES AND REQUEST FOR
f*) I p I K I A I
PRODUCTION OF DOCUMENTS - 1
U l \ I U 11\ H L
S2-585596.1
Williams, K astner &Gibbs PLLC
Two Union Square, Suite 4100
Mail Addre" : p o- box21926 Scate>waging 93111-3926
(206) 628-6600
1
Further, Kaiser Gypsum objects to these interrogatories on the grounds that they are vague,
2 ambiguous, overbroad as to time, scope, products and location not in issue, and seek information not
3 relevant to the issues in this lawsuit.
4
Without waiving said objections and in the interest of full disclosure, Kaiser Gypsum responds
5 solely with regard to its Seattle facility and with regard to products identified by plaintiff.
6
Kaiser Gypsum continues its ongoing investigation to locate information regarding the subject
7 matter of these interrogatories and reserves its right to supplement these interrogatory responses as may
8 be necessary, if and when, such further information becomes available.
y INTERROGATORY NO. 1:
10
State your full legal name, date of incorporation, principle place o f business and whether you
are a private or public corporation.
11
RESPONSE:
12
Kaiser Gypsum Company, Inc. was incorporated on December 1, 1952 in the State of 13
Washington. Its principal place of business is Pleasanton, California, and it is a privately held 14
corporation.
15
INTERROGATORY NO. 2 :
16
For each year between 1950 and 1978, identify your officers and directors. 17
RESPONSE:
18
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, burdensome, 19
ambiguous, and overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus 20
it is not reasonably calculated to lead to the discovery of admissible evidence. Without waiving said 21
objections, Kaiser Gypsum responds: see Exhibit A attached hereto. 22
INTERROGATORY NO. 3:
23 Please relate your corporate history from 1948 to the present, including, but not limited to, any
24 mergers, acquisitions, name changes or re-incorporations or secession of business operations.
25
RESPONSE:
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 2
S2-585596.1
Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600
1
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and
2 overbroad, as it contains years when Kaiser Gypsum was not doing business, and thus it is not
3 reasonably calculated to lead to the discovery of admissible evidence. Without waiving said objections,
4 Kaiser Gypsum responds:
5
Kaiser Gypsum was organized and incorporated in 1952. On June 19, 1952, Permanente Cement
6 Company (later known as Kaiser Cement Corporation) formed a wholly owned subsidiary named Kaiser
7 Gypsum Company. On December 1, 1952, Kaiser Gypsum Company was merged with Pacific Coast
8 Cement Company, a Washington corporation and another subsidiary o f Permanente Cement Company.
9 At the time of the merger, Pacific Coast Cement Company had no assets or operations. The name of
10 the combined company was then changed to Kaiser Gypsum Company, Inc. In 1978, Kaiser Gypsum 11 Company, Inc. ceased all business operations.
12 INTERROGATORY NO. 4:
13
Have you at any time engaged in the sale of a product which contained asbestos fibers? If so,
please identify
14
(a) the names o f your entities selling each of those products;
15
(b) the trade or brand name of each asbestos containing product sold by you;
(e) the dates each product was manufactured or sold;
16
(d) a description of each product including the type and percentage o f asbestos contained in said
product;
17
(e) how each product was packaged; and
(f) your gross sales o f each asbestos containing product between 1950 and 1978.
18
RESPONSE:
19
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and
20
overbroad, as it seeks information about types o f products and places not at issue in this litigation and 21
years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably calculated
22
to lead to the discovery of admissible evidence. As to subsection (f), Kaiser Gypsum objects to this on
23
the grounds that it is unduly burdensome, harassing and not reasonably calculated to lead to the 24
25
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 3
S2-585596.1
wm*TM, Kastner &gm* fllc
Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600
1 discovery o f admissible evidence. Further, Kaiser Gypsum responds that it does not possess complete 2 information for its Seattle facility for said years.
3
Without waiving said objections, Kaiser Gypsum responds that the following products which
4 contained asbestos fibers for various periods o f time were manufactured at its Seattle facility.
5
1. Joint Compound Powder
6
This product was manufactured at Seattle from 1969 to 1975 and contained 7.5% to 10%
7 chrysotile asbestos. This off-white powder was packaged and sold in sacks o f 10 and 25 pounds.
8
2. Finishing Compound Powder
9
This product was manufactured at Seattle from 1969 to 1975 and contained 3.5% to 11 %
10 chrysotile asbestos. It was white to off-white powder and packaged in sacks o f 25 pounds.
11
3.
One-Dav Joint Compound Powder
12
This product was manufactured at Seattle from 1970 to 1975 and contained 3.5%
13 chrysotile asbestos. It was a white to off-white powder and packaged in sacks o f 25 pounds.
14
4. Three Purpose Compound Powder
15
This product was manufactured at Seattle from 1969 to 1975 and contained 5 % to 11 %
16 chrysotile asbestos. This was a white to off-white powder and packaged in sacks o f 25 pounds.
17
5. Dual-Purpose Pre-Mix Compound
18
This product was manufactured at Seattle from 1969 to 1975 and contained 2.5% to 4%
19 chrysotile asbestos. This was a white to off-white or light buff colored paste and packaged in buckets 20 or cartons o f 4 to 5 gallons.
21
6. Pre-Mix Topping Compound
22
This product was manufactured at Seattle from 1971 to 1975 and contained 1%chrysotile
23 asbestos. This was a white to off-white colored paste, packaged and sold in buckets o f 4 or 5 gallons
24 and cartons o f 4 gallons.
25 INTERROGATORY NO. 5 :
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 4
S2-585596.1
wnKams, Kaatner & cabs fllc
Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206)628-6600
1
Identify the date, if any, on which you ceased the sale o f asbestos-containing products.
2
RESPONSE:
3
By 1975, Kaiser Gypsum's Seattle plant ceased to manufacture products containing asbestos.
4 INTERROGATORY NO. 6:
5
For each product identified in response to Interrogatory No. 4, identify all warnings you
6 employed to protect the purchasers said products from asbestos-related harm including in your answer
7 the text o f said warning and the date on which it commenced.
8
RESPONSE:
9
Beginning in 1972, Kaiser Gypsum affixed caution labels to the packages and containers oi its
10 asbestos-containing products. The warning label, as prescribed by OSHA, read:
11
CAUTION: contains asbestos fibers; avoid creating dust; breathing
asbestos dust may cause serious bodily harm.
12
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15
16 INTERROGATORY NO. 7 :
17
State the date on which you learned that asbestos poses a hazard to human health.
18
RESPONSE:
19
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
20 overbroad, and assumes that any type of asbestos, in any condition or in any amount, poses a hazard
21 to human health.
22
Without waiving said objections, Kaiser Gypsum responds that it became aware generally
23 sometime in the 1970s that users o f some asbestos-containing building products could be at risk of
24 inhaling quantities o f respirable asbestos fibers sufficient to pose a potential hazard to their health. 75 INTERROGATORY NO. 8:
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS ' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 5
S2-585596.1
waiiams, Kastner &Gibb* fllc
Two Union Square, Suite 4100
m. uAddTM,: p.o. Box21926
Seattle, Washington 98111-3926 (206) 628-6600
1
Identify all measures you employed to protect the users o f your asbestos-containing products
2 from any asbestos-related harm.
3
RESPONSE:
4
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
5 overbroad, and not sufficiently limited in time or scope. Without waiving said objections, Kaiser 6 Gypsum responds that it placed warning labels on its asbestos-containing products upon learning that
7 such products posed potential health hazards to end users.
8 INTERROGATORY NO. 9:
9
Identify all measures you employed to protect your employees from any asbestos-related harm.
10
RESPONSE:
11
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
12 and overbroad. Further, Kaiser Gypsum is informed and believes that plaintiff was neither employed
13 by Kaiser Gypsum, nor present at any of its plants at any time. Thus, events occurring at any Kaiser
14 Gypsum plant have no relevance to the conditions allegedly experienced by plaintiff. Therefore, this
15 interrogatory is not reasonably calculated to lead to the discovery o f admissible evidence.
16 INTERROGATORY NO. 10:
17
Identify all trade publications to which you subscribed between 1950 and 1978.
18
RESPONSE:
19
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
20 overbroad, and unintelligible as to the word "trade publications". Furthermore, this interrogatory
21 contemplates years when Kaiser Gypsum was not in business. Thus, this interrogatory is not reasonably
22 calculated to lead to the discovery of admissible evidence. Without waiving said objections, Kaiser
23 Gypsum responds that it is informed and believes it was a member o f the Gypsum Association from
24 approximately 1952 to approximately 1978, and believes it may have received its publications.
25 INTERROGATORY NO. 11:
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 6
S2-585596.1
waium*. icutner & Gibbs pllc
Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600
1
Do you maintain a computerized listing of the sales of your asbestos-containing products? If so,
describe the information stored on said computer including whether said sales are broken down by 2 geographic area, the type o f computer program and the manner in which specific sales information can
be retrieved.
3
RESPONSE:
4
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
5
overbroad in time, place, and scope. Furthermore, this interrogatory calls for information which seeks
6
to invade the purview o f the attorney-client privilege and doctrine o f attorney-work product.
7
INTERROGATORY NO. 12:
8
For each asbestos product identified in response to Interrogatory 4, state the gross sales
9 o f said product in the State o f Oregon between 1965 and 1980.
10
RESPONSE:
11
Kaiser Gypsum objects to this interrogatory on the grounds that it is burdensome,
12 harassing, vague, ambiguous, overbroad and unintelligible as written. Additionally, this interrogatory
13 seeks information regarding time periods when Kaiser Gypsum was either not in business, was not
14 selling to the State o f Oregon, and/or was not manufacturing asbestos-containing products. Thus, this
15 interrogatory is not reasonably calculated to lead to the discovery o f admissible evidence. Further,
16 Kaiser Gypsum responds that it does not possess complete information for Oregon sales for said years.
17 INTERROGATORY NO. 13:
18
For each asbestos product identified in response to Interrogatory No. 4, identify the entity from
whom you purchased the asbestos for use in said product.
19
RESPONSE:
20
Kaiser Gypsum is informed and believes that the following at one time or another were its
21
suppliers o f chrysotile asbestos:
1. John K. Bice
2.
Harrison & Crosfield
3.
Carmonia Chemical Company
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 7
II S2-585596.1
waiiams, Kastner & cabs pllc
Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600
1
4. Philip Carey Corporation (Carey Canadian Asbestos)
2
5.
Western Chemical Company
3
6. Johns-Manville
4
7. Union Carbide
5
8. E.S. Browning
6
9. Loomis Chemical Company
7
10. Benson Chemical
8
11. Paul W. Wood (Johns-Manville)
9
10 INTERROGATORY NO. 14:
11
Identify the legal relationship between Kaiser Gypsum Corporation and Kaiser Cement
Corporation.
12
RESPONSE:
13
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
14
overbroad, and unintelligible as written, as there was no such entity as "Kaiser Gypsum Corporation".
15
Furthermore, this interrogatory is vague and ambiguous as to "legal relationship" and calls for "legal"
16
opinion beyond the scope of responding defendant's knowledge. Without waiving said objections, and
17
as Kaiser Gypsum understands this question, I&aiser Gypsum responds, it was a wholly-owned
18
subsidiary o f Kaiser Cement Corporation.
19
20
21
INTERROGATORY NO. 15: 22
For each year between 1955 and 1975, identify the plant manager of your Seattle plant and 23 his/her four principal subordinates.
24
RESPONSE:
25
KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 8
S2-585596.1
Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (206) 628-6600
1
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, and
2 overbroad. Without waiving said objections, Kaiser Gypsum responds that, as of November 1, 1970,
3 the manager of the Kaiser Gypsum Seattle plant was M. Slavich. At this juncture, Kaiser Gypsum is 4 unable to discern who the plant manager's "four principal subordinates" would have been. Thus, 5 discovery is ongoing into this matter and Kaiser Gypsum reserves its right to supplement this response,
6 should further information be discovered.
7 INTERROGATORY NO. 16:
8
For each year between 1955 and 1975, identify the plant manager o f each o f your Oregon plants
and his/her four primary subordinates
9
RESPONSE: 10
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 11
overbroad as to time, place and scope. Further, this interrogatory is not reasonably calculated to lead 12
to the discovery o f admissible evidence, as Kaiser Gypsum's Oregon plant never made the types of
13
asbestos-containing products at issue in this case. Without waiving said objections, Kaiser Gypsum
14
responds that as o f November 1, 1970, the manager o f Kaiser Gypsum Oregon plant was J. Cassidy.
15
At this juncture, Kaiser Gypsum is unable to discern who the plant manager's "four principal
16
subordinates" would have been. Thus, discovery is ongoing into this matter and Kaiser Gypsum
17
reserves its right to supplement this response, shquld further information be discovered.
18
INTERROGATORY NO. 17:
19
Identify all contracts and/or re-branding agreements between you and Owens-Coming Fiberglas 20 including in your answer the date said contract was entered into, the terms of said contract and the dates
that said contract was in effect. 21
RESPONSE:
22
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous, 23
and overbroad as to time, place and scope. Without waiving said objections, Kaiser Gypsum responds 24
25
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 9
Williams, K astaer & Gibbs PLLC Two Union Square, Suite 4100
m u Address; p.o. Box 21926
Seattle, Washington 98111-3926 (7061 628-6600
1 that, it never had a "contract and/or rebranding" agreement with Owens-Coming Fiberglas as to the
2 types o f products at issue in this litigation.
3 INTERROGATORY NO. 18:
4
For each o f the following individuals (named in Documents PLTF 001 - PLTF 1384) please state
(a) the individual's full name;
5
(b) whether they are alive or deceased;
(c) their current address and telephone number or, if you do not know these individuals'
6 current address, their last known address;
(d) what position, they held in your company;
7
(e) whether they are currently employed by you.
8
R.L.Allgood
L. Beck
9
L.M . Bryan
J.W. Blewett
10
C. E. Caprye
R.C. Crowle
11
G. J. Chavalas
D . R. Canham
12
J.D. Cassidy
J.D. Chambers
13
P .D . Crelman
H . C. Dupuis
14
G.C. David
N .D . Dicks
15
L.R. Flicker
P.J. Franklin
16
P.T. Framlom
J.W. Glweitt
17
R.W. Grigg
C . R. Grimme
18
J.M. Garoutte
D . H. Homan
19
J.P. Hughes
P.A . Hawkins
20
W .D . Hopper
R.J. Hoffman
21
R.L. Jones
G. James
J. B. Kirk
R.L. Murh
J.F. Modaff
Richard Madden
William McKinnon
B.J. Murphy
P .D . Orleman
KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 10
S2-585596.1
Williams, Kastner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O .Box 21926 Seattle, Washington 98111-3926 f2061 628-6600
1
J.W. Post
G. M. Perry
2
J.K. Parker
J.C. Reilly
3
C.F. Radier
E . N. Reddick
4
J.P. Rohrer
A1 Raffaelli
5
Mike Slavich
F . H. Schaper
6
T.V. Smith
E.M . Schaper
7
E.W . Schaper
S. Steffens
8
J. Schlenner
J.H. Scheahan
9
A .j . Trommershausan
W .L. Traub
10
S.R. Witt
R J . Wibom
11
H . L. Weightman
J.I. Walker
12
J.H. Walton
V. Whitecage
13
RESPONSE:
14
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
15
overbroad, burdensome, oppressive, and violative of said employees' rights to privacy. Given the fact
16
that Kaiser Gypsum has not manufactured a product since 1978, there is no one currently employed who
17
is able to identify the full names of said individuals, their names and addresses, any positions which
18
they may have held or whether they are living or dead. Additionally, Kaiser Gypsum objects to this
19
interrogatory on the grounds that it is not reasonably calculated to lead to the discovery of admissible 20
evidence. See response to Interrogatory No. 19. 21
22
INTERROGATORY NO. 19: 23
For each individual identified in Interrogatory 18, state whether that person has ever been 24 deposed in asbestos-related litigation and identify the case, jurisdiction, cause number and the attorneys
who represented the defendant and plaintiff at said deposition. 25
KAISER GYPSUM COMPANY, INC.'S RESPONSES
TO PLAINTIFFS' FIRST SET OF
INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 11 SP-RRRROA 1
Williams, K astner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926
1
RESPONSE:
2
Kaiser Gypsum incorporates its response to Interrogatory No. 18 as though fully set forth herein.
3 Without waiving said objections, Kaiser Gypsum responds that W .L. McKinnon, former research
4 engineer, was deposed on August 2, 1984 in the following case: Robert Butts v. Kaiser Gypsum
5 Company, Inc., et al., Contra Costa Superior Court No. 251401; Harlan C. Dupuis, former manager
6 o f research and development, was deposed on April 16, 1985 in the following case: Kathryn Maksim
7 v. USG, et al., San Francisco County Superior Court Case No. 768674; Thomas V. Smith, former
8 technical advisor for accessory products was deposed on March 11, 1992 in the following case:
9 Michael Richie, et al. v. Raybestos Manhatiun, et ai., San Francisco Superior Court No. 933324;
10 Richard C. Crowle, former merchandising manager, was deposed on July 26, 1995 in the following 11 case: Central Weslyn College v. W.R. Grace, et al., U.S. District Court, District o f South Carolina,
12 Charleston Division, Civil Action No. 2:87-1860-8. The attorneys who represented the various parties
13 at those depositions are identified in the transcripts.
14 INTERROGATORY NO. 20:
15
Your attention is directed to documents PLTF 0001 to PLTF 1384 that were served upon your
counsel by the undersigned in the Winter of 1998. If you contend that any o f the foregoing documents
16 is not genuine, set forth the factual and legal basis for your contention.
17
RESPONSE:
18
Kaiser Gypsum objects to this interrogatory on the grounds that it is vague, ambiguous,
19 overbroad, and unduly burdensome. Without waiving said objections, Kaiser Gypsum responds that,
20 as to those documents authored by or directed to Kaiser Gypsum, Kaiser Gypsum does not contest their
21 genuineness. However, Kaiser Gypsum is unable to attest to the genuineness o f any document not
22 authored or directed to Kaiser Gypsum, including, but not limited to, the following documents: PLTF
23 0001 through PLTF 0003; PLTF 0366 to PLTF 0372. Additionally, Kaiser Gypsum cannot attest to
24 the genuineness of any document referring to Permanente Cement, Kaiser Cement and Gypsum
25 Company or Kaiser Cement Corporation.
KAISER GYPSUM COMPANY, INC. 'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 12
I S2-585596.1
W iliams, K astaer &Gibbs PLLC
Two Union Square, Suite 4100 m u AddreM: p .o . box 21926 Seattle, Washington 98111-3926 (2061 628-6600
1 INTERROGATORY NO. 21:
2
Identify every person who supplied information to answer these Interrogatories including in your
3 answer the specific interrogatory for which each person supplied information.
4
RESPONSE:
5
As previously stated above, Kaiser Gypsum ceased all marketing activities in 1978, thus no one
6 person associated with Kaiser Gypsum provided information for a specific interrogatory herein. The
7 information provided in response to the interrogatories comes from a collection o f information gathered 8 throughout the years from various different sources.
y
10
il
REQUEST FOR PRODUCTION
12 1. 13
Produce all documents in your possession that were generated before 1978 and refer or relate to any human health hazard associated with asbestos including, but not limited to, memoranda, letters, journal articles or notes.
14 RESPONSE:
15
Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and 16
not limited in time, scope, or location. Furthermore, this request is burdensome and oppressive and 17
assumes that Kaiser Gypsum possesses such documents. Without waiving objections, Kaiser Gypsum 18
refers plaintiff to documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's 19
counsel in the Winter o f 1998. 20
21
2. 22
Produce minutes of all meetings of your Board of Directors held between 1950 and 1980 that refer or relate to your asbestos-containing products.
23 RESPONSE:
24
25
KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 13
I S2-5855Q6.1
W illiams, K astner & Gibbs PLLC
Two Union Square, Suite 4100
Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926
r?rvti
1
Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad and
2 not reasonably limited in time, scope, or location. Furthermore, this request is violative of Kaiser
3 Gypsum's right to privacy as a privately held corporation and seeks information which is proprietary
4 in nature. Additionally, this request is vague and ambiguous as to "refer or relate to". Without
5 waiving objections, Kaiser Gypsum responds, as it understands the request, that none o f the minutes
6 of its Board o f Directors' meetings "refer or relate to" its asbestos-containing products.
7
8 3. 9
Produce, for inspection and copying, original copies o f all documents used to promote the sale o f any product identified in response to Interrogatory 4, including, but not limited to, catalogues, magazine advertisements, product lists, photographs, technical specifications and flyers.
10
RESPONSE: 11
Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad, 12
unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus 13
seeks information which is not reasonably calculated to lead to the discovery o f admissible evidence. 14
Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384, 15
which were served upon responding defendant's counsel in the Winter o f 1998. 16
17 4.
18
Produce all manuals, specifications and instructions that you provided to the customers of any asbestos-containing products sold by you between 1965 and 1978.
19 RESPONSE:
20 Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad,
21 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus
22
seeks information which is not reasonably calculated to lead to the discovery o f admissible evidence. 23
Moreover, plaintiff has testified that he did not pay attention to or read any literature regarding any 24
products used by other trades. Thus, this interrogatory is not reasonably calculated to lead to the 25
KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 14
Il S2-585596.1
WBKams, Kastner & Gibbs PLLC
Two Union Square, Suite 4100
Mail Add: p.o. Box 21926 settle, w.Kington 98111-3926
62061 628-6600
1 discovery o f admissible evidence. Without waiving objections, Kaiser Gypsum refers plaintiffs to
2 documents PLTF 0001 to PLTF 1384, which were served upon responding defendant's counsel in the
3 Winter o f 1998.
4
5 5. 6
Produce all documents that refer or relate to your decision to stop manufacturing asbestoscontaining products including, but not limited to, board minutes, technical and safety advisories and unprivileged legal opinions.
7
RESPONSE:
8
Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad,
9 unduiy burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus
10 seeks information which is not reasonably calculated to lead to the discovery o f admissible evidence.
11 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384,
12 which were served upon responding defendant's counsel in the Winter of 1998.
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Produce for inspection and copying, original photographs o f all products identified in response to Interrogatory 4 in their packaged form.
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RESPONSE:
19
Kaiser Gypsum objects to this request on the grounds that it is vague, ambiguous, overbroad,
20 unduly burdensome, and harassing. Furthermore, this request is not limited in time or scope and thus
21 seeks information which is not reasonably calculated to lead to the discovery o f admissible evidence.
22 Without waiving objections, Kaiser Gypsum refers plaintiffs to documents PLTF 0001 to PLTF 1384,
23 which were served upon responding defendant's counsel in the Winter o f 1998
24
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KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 15
S2-585596.1
W illiams, K astner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926
rzrvi'i
1 7.
2
Produce deposition or trial transcripts of any individual identified in Interrogatory 18 in any asbestos-related litigation.
3
RESPONSE:
4
Kaiser Gypsum would be willing to produce any deposition or trial transcripts o f any individuals
5 identified in its response to Interrogatory 18 at a mutually convenient location at the expense of
6 propounding party.
7
8
INTERROGATORIES AND REQUESTS FOR PRODUCTION SUBMITTED this 14th day of
9 May, 1998 10 11
WEINSTEIN & BERGMAN
12
Matthew P. Bergman, WSBA #20894
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KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF INTERROGATORIES AND REQUEST FOR PRODUCTION OF DOCUMENTS - 16
S2-585596.1
W illiams, K astner & Gibbs PLLC Two Union Square, Suite 4100 Mail Address: P.O. Box 21926 Seattle, Washington 98111-3926 (2061 628-6600
1
KAISER GYPSUM COMPANY, INC.'S RESPONSES TO PLAINTIFFS' FIRST SET OF
INTERROGATORIES AND REQUESTS FOR PRODUCTION OF DOCUMENTS TO
2
DEFENDANT KAISER GYPSUM COMPANY, INC.
3
VERIFICATION
4
5
I am an authorized representative of Kaiser Gypsum Company, Inc. and am authorized to make
6
this affidavit on its behalf. I have read the foregoing responses to interrogatories and requests for
7
production and believe the responses to be correct.
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9
By:
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SUBSCRIBED AND SWORN TO before me on th e d ^ day o fftu i
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\
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Notary Public in and for
residing at
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My commission expires
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DIANE MARIE HAYES i.
17 COMM. #1185147
S.
[NOTARY PUBUC-CAUFORNIa CI
CONTRA COSTA COUNTY Q
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COMM. EXP. MAY 29, 2002 f "V VNTV-
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26 Sylvin W. P ickn er and Evelyn I. Pickner v. Owens Corning, et al.
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King County, Washington Case No. 98-2-09390-1 SEA
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1998.
15.
EXHIBIT A
As o f October 1953, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Henry J. Kaiser L. S. Corey E. H. Heller D. V. McEachem E. E. Trefethen, Jr. G. J. Shea H. W. Morrison W. Marks W. A. Marsh C. R. Olsen Paul S. Marrin C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun
As o f September 1954, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Henry J. Kaiser E. E. Trefethen, Jr. H. W. Morrison G. J. Shea D. V. McEachem E. H. Heller A. Christensen W. Marks Alan Christensen W. A. Marsh Coral R. Olsen Peter S. Hass C. E. Harper Paul E. Rogers Bryce Simpson Chad F. Calhoun Paul Marrin
-1S2-585585.1
As o f October 1955, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen G. J. Shea E. H. Heller D. V. McEachem E. E. Trefethen, Jr. Henry J. Kaiser W. Marks Claude E. Harper W. A. Marsh Paul Rogers Bryce Simpson Chad F. Calhoun Paul S. Marrin
As o f November 1956, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
E. H. Heller Edgar F. Kaiser Henry J. Kaiser W. A. Marsh D. V. McEachem G. J. Shea E. E. Trefethen, Jr. W. Marks A. D . Christensen H. W. Morrison Claude E. Harper W. A. Marsh Carl Olsen V. E. Cole Paul Rogers Bryce Simpson Paul S. Marrin Chad F. Calhoun
-2S2-585585.1
As o f October 1957, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
E. H. Heller Henry J. Kaiser Edgar F. Kaiser W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea E. E. Trefethen, Jr. William Marks Claude E. Harper V. E. Cole R. A. Costa Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Marrin Chad F. Calhoun Bryce Simpson
As o f August 1958, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
E. H. Heller W. A. Marsh D. V. McEachem H. W. Morrison G. J. Shea E. E. Trefethen, Jr. A. Christensen Henry J. Kaiser Edgar F. Kaiser William Marks Carl R. Olsen W. A. Marsh Edgar F. Kaiser Paul E. Rogers Paul S. Marrin Chad F. Calhoun Claude E. Harper
-3-
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Bryce Simpson R. A. Costa
As of December 1959, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen E. H. Heller W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Henry J. Kaiser Edgar F. Kaiser D. V. McEachem William Marks W. A. Marsh Wiiiiam Marks Chad F. Calhoun Robert Costa Claude E. Harper Paul S. Marrin Carl Olsen Paul Rogers Bryce Simpson
As o f December 1960, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen E. H. Heller Henry J. Kaiser Edgar F. Kaiser William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Chad F. Calhoun Robert Costa Claude Harper Paul S. Marrin Carl Olsen
-4-
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Paul Rogers Bryce Simpson
As o f November 1961, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen William Marks W. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. E. H. Heller Henry K. Kaiser Edgar F. Kaiser W. A. Marsh John Bosche Chad F. Calhoun R. A. Costa J. J. Hague Claude E. Harper Paul S. Marrin Carl Olsen E. F. Schaper Bryce Simpson
As o f December 1962 the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen Peter S. Hass Edgar F. Kaiser William Marks Wallace Marsh H. W. Morrison E. E. Trefethen, Jr. Henry J. Kaiser G. J. Shea W. A. Marsh William Marks John Bosche Chad F. Calhoun R. A. Costa
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SZ-585585.1
J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson
As o f December 1963, the following were officers/directors o f Kaiser Gypsum Company. Inc.:
A. Christensen Peter S. Hass Henry J. Kaiser William Marks W. A. Marsh H. W. Morrison G. J. Shea E. E. Trefethen, Jr. Edgar F. Kaiser W. A. Marsh William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Claude E. Harper Carl Olsen E. H. Schaper Bryce Simpson
As of December 1964, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Martin Gilbert Shea E. E. Trefethen, Jr. H. W. Morrison Edgar F. Kaiser Henry J. Kaiser
-6-
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D . A. Rhoades J. A. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper / Bryce Simpson
As o f December 1965, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
A. Christensen Peter S. Hass Claude E. Harper Edgar F. Kaiser Henry J. Kaiser William Marks Paul S. Marrin Lloyd L. Mazzera D . A. Rhoades Gilbert Shea E. E. Trefethen, Jr. Henry J. Kaiser H. W. Morrison William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson
As of December 1966, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass Edgar F. Kaiser Henry J. Kaiser
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William Marks Paul S. Marrin Lloyd L. Mazzera D . A. Rhoades G. J. Shea E. E. Trefethen, Jr. William Marks John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson
As o f December 1967, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
J. B. Bonny A. Christensen Claude E. Harper Peter S. Hass William Marks Paul S. Marrin Lloyd L. Mazzera D . A. Rhoades G. J. Shea E. E. Trefethen, Jr. Edgar F. Kaiser William Marks John H. Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson
As o f December 1968, the following were officers/directors of Kaiser Gypsum Company, Inc.:
A. D . Christensen Claude Harper
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Peter Hass Lloyd Mazzera D . A. Rhoades J. B. Bonny G. J. Shea John F. Shea E. E. Trefethen, Jr. John Bosche K. A. Conningham R. A. Costa J. J. Hague Carl Olsen E. H. Schaper Bryce Simpson
As o f December 1969, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
J. B. Bonny Claude Harper Peter Hass William Marks Lloyd Mazzera D . A. Rhoades E. E. Trefethen, Jr. A. D. Christensen Edgar F. Kaiser Gilbert Shea John Shea John Bosche K. A. Conningham R. A. Costa R. A. Crowle Paul J. Franklin J. J. Hague E. H. Schaper Bryce Simpson
As o f December 1970, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Edgar F. Kaiser E. E. Trefethen, Jr.
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Peter Hass John Bsche K. A. Conningham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague E. H. Schaper Bryce Simpson R. G. Hohnsben J. B. Bonny A. D . Christensen Claude Harper Peter Hass Edgar F. Kaiser William Marks Lloyd Mazzera D . A. Rhoades John Shea E. E. Trefethen, Jr.
As o f December 1971, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
J. B. Bonny Alan Christensen Claude Harper Peter Hass Edgar Kaiser William Marks D . A. Rhoades John Shea E. E. Trefethen, Jr. John Bosehe K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker
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-10-
James C. Reilly E. H. Schaper Bryce Simpson
As o f December 1972, the following were officers/ directors o f Kaiser Gypsum Company, Inc.:
Garfield O. Anderson J. B. Bonny Alan Christensen Peter Hass Claude Harper Edgar Kaiser William Marks Walter E. Ousterman, Jr. James Reilly D . A. Rhoades John Shea Alfred Yee E. E. Trefethen, Jr. John Bosche K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper
As of December 1973, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Garfield Anderson Alan Christensen Claude Harper Peter Hass Edgar Kaiser Walter Ousterman James Reilly John Shea
SZ-585585.1
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E. E. Trefethen, Jr. William M. Witter Alfred A. Yee John Bosche A. B. Brown, Jr. K. A. Conningham Robert Costa Richard Crowle C. W. Eshelman Paul J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James Parker E. H. Schaper
As o f December 1974, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Garfield Anderson G. J. Chavalas Alan Christensen Robert Costa Peter Hass Walter Ousterman James Reilly William R. Roesch John Shea E. E. Trefethen, Jr. William Witter Edgar Kaiser Alfred Yee John Bosche A. B. Brown D . R. Canham Robert Costa R. C. Crowle P. J. Franklin J. J. Hague T. P. Heffelfinger R. G. Hohnsben James K. Parker E. H. Schaper
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As o f December 1975, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Edgar Kaiser E. E. Trefethen, Jr. Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William R. Roche John Shea William M. Witter Alfred Yee A. B. Brown, Jr. T. P. Heffelfmger D. W. Henning R. G. Hohnsben D . B. Hunn J. G. Nelson W. E. Ousterman J. K. Parker J. C. Reilly Genevive Robbins P. T. Smith J. I. Walker
As o f December 1976, the following were officers/directors o f Kaiser Gypsum Company, Inc.:
Garfield Anderson G. J. Chavalas Alan Christensen Peter Hass Walter Ousterman James Reilly William Roche John Shea E. E. Trefethen, Jr. William Witter Alfred Yee Edgar Kaiser
S2-585585.1
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A. B. Brown Ann L. Farley Mary L. Glenn T. Heffelfinger R. G. Hohnsben D . B. Hunn J. G. Nelson J. K. Parker J. C. Reilly J. P. Rowe P. T. Smith J. I. Walker
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