`
`DOCKET NO. FBT-CV17-6066689-S
`
`ADAM M. BREAKELL,
`
`
`v.
`
`3M CO. (f/k/a Minnesota Mining & Manufacturing
`Co.), et al.
`
`
`
`SUPERIOR COURT
`
`J.D. OF FAIRFIELD
`
`AT BRIDGEPORT
`
`May 3, 2018
`
`OBJECTIONS AND RESPONSES TO PLAINTIFF’S REQUESTS FOR
`PRODUCTION TO BRIDGESTONE AMERICAS INC.
`
`PRELIMINARY STATEMENT AND SPECIFIC OBJECTIONS
`
`These are the responses of Bridgestone Americas, Inc. (Defendant), prepared by counsel
`based upon facts known or believed at the time this response was generated and
`investigation conducted to date. Discovery and investigation relating to this case is
`continuing. Accordingly, Defendant reserves the right to amend these responses in the
`event new or more complete information becomes available, or errors are discovered.
`Furthermore, these responses are given without prejudice to Defendant’s right to rely at
`trial on subsequently discovered information or on information inadvertently omitted
`from these responses to this discovery as the result of mistake, error or oversight.
`
`Defendant objects to definitions of words and phrases used throughout this discovery to
`the extent they are overbroad, vague, inconsistent with the normal usage and meaning of
`such words and phrases or rendered so when applied to an inquiry of this defendant. To
`the extent a response is provided to any inquiry, such response is based upon Defendant’s
`interpretation only, in a manner consistent with a normal understanding of the language
`used.
`
`Defendant objects to each Request to the extent that it is overbroad and seeks discovery
`from entities that are not a party to this litigation. Defendant further objects on the
`grounds that the Requests are vague and ambiguous, rendering Defendant incapable of
`preparing a reasoned response. Defendant’s responses are on behalf of Bridgestone
`Americas, Inc. only.
`
`Defendant objects to each Request upon the grounds that it does not and never has
`manufactured, distributed or sold asbestos-containing products and has never owned or
`operated a manufacturing facility. Defendant is a holding company formed in the State
`of Nevada in 1994.
`
`Defendant objects to each Request to the extent it imposes an undue, if not impossible
`burden. Defendant also objects to each Request to the extent it requests that this
`defendant formulate a corporate statement of facts that could only be generated by
`searching for and interviewing former employees.
`
`1
`
`
`
`
`
`
`1.
`
`
`2.
`
`
`3.
`
`
`4.
`
`
`5.
`
`
`
`

`

`
`
`
`6.
`
`
`7.
`
`
`8.
`
`
`9.
`
`
`10.
`
`
`11.
`
`
`12.
`
`
`13.
`
`
`14.
`
`
`
`Defendant further objects to each Request to the extent it seeks information prior or
`subsequent to the date of plaintiff’s alleged exposure to asbestos-containing products,
`because such information is not relevant to any issue in this case and is not reasonably
`calculated to lead to the discovery of admissible evidence.
`
`Defendant objects to each Request to the extent it seeks proprietary information and trade
`secrets, such as dollar sales, unit sales, market shares, and quantitative and qualitative
`formulas that are irrelevant and are not reasonably calculated to lead to the discovery of
`admissible evidence. Information that identifies proprietary information or trade secrets
`will be redacted from any documents produced pursuant to these Requests.
`
`Defendant objects to each Request to the extent it is overly broad, vague, global and
`ambiguous, a response to which would, therefore, be unduly burdensome and expensive
`for Defendant. Moreover, Defendant objects to the extent that these Requests seek
`information that is not relevant to any issue in this case and is not reasonably calculated
`to lead to the discovery of admissible evidence.
`
`Defendant objects to each Request to the extent it seeks disclosure of any information or
`material that is subject to the Attorney-Client Privilege, Work-Product Privilege,
`Investigative Privilege, Consulting Expert Privilege, Party Communications Privilege,
`Joint Defense Privilege and/or any other applicable privilege or immunity.
`
`Defendant objects to each Request to the extent it requires Defendant to provide
`information which is equally available to plaintiffs as it is to Defendant or seeks
`information in the public domain.
`
`Defendant objects to each Interrogatory to the extent it seeks information or documents,
`which, due to the passage of time or other reasons, are not in the possession, custody and
`control of Defendant. Such requests call for documents or information outside the scope
`of permissible discovery.
`
`Defendant objects to each Request to the extent it seeks disclosure of information
`generated by persons other than direct employees of Defendant, or that have or may have
`come into the possession of counsel during the course of discovery and trial preparation
`in asbestos-related litigation.
`
`Defendant objects to each Request to the extent it seeks information that is not relevant to
`any issues in this case and is not reasonably calculated to lead to the discovery of
`admissible evidence, and, accordingly, is overbroad and imposes an undue burden upon
`Defendant.
`
`Defendant does not concede or agree that any of the information provided in response to
`these Requests is or will be admissible as evidence at trial of this or any other action, and
`Defendant does not waive any objection, on any ground, whether or not asserted herein,
`to the use of a response at trial or otherwise in this case.
`
`2
`
`
`
`

`

`
`
`1)
`
`REQUESTS FOR PRODUCTION OF DOCUMENTS
`
`All documents identified in your answers to plaintiff’s interrogatories, consulted in
`preparation of your answers to plaintiff’s interrogatories, or from which information
`contained in your answers to plaintiff’s interrogatories was collected.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 4, 5, 6, 8, 9, 12, 13 and 14. Subject to the foregoing
`objections, without waiver and as limited thereby, Defendant states: No documents are
`identified in Defendant’s answers to interrogatories.
`
`2)
`
`All rules, regulations, manuals, standards, procedures and instructions you ever provided
`to sales personnel or other employees or agents regarding the alleged, suspected,
`disputed, potential or actual health hazard associated with inhalation or ingestion of
`asbestos fibers.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13 and 14. Defendant further objects
`on the basis that there is no allegation that plaintiff was ever employed by this defendant.
`
`3)
`
`All documents that were your possession prior to 20071 regarding the alleged, suspected,
`disputed, potential or actual health hazard associated with inhalation or ingestion of
`asbestos fibers (regardless of particular fiber type or exposure level).
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13 and 14.
`
`4)
`
`All documents relating to your first knowledge, notice or awareness of the alleged,
`suspected, disputed, potential or actual health hazard associated with inhalation or
`ingestion of asbestos fibers.
`
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary
`Statement and Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 13 and 14. Defendant further
`objects on the basis that the term "asbestos" is a commercial term covering various minerals.
`Asbestos, per se, and asbestos fibers, per se, do not cause disease in human beings. Asbestos
`fibers, which are airborne, of a certain length, size, and concentration in dust inhaled over a
`sufficient period of time may cause disease in some humans and some animals; however, this is
`dependent upon some or all of the following factors viz: Duration of exposure; type of asbestos
`product; respirability of asbestos fiber; use of engineering controls; use of personal protection;
`and individual susceptibility. The evolution of knowledge concerning asbestos dust and diseases
`which may be caused by asbestos dust exposure is continuing and has been subject to change.
`
`Further, a corporation, in and of itself, possesses no knowledge except through its various agents
`and employees, each of whom may possess different levels of knowledge or understanding
`pertaining to any given matter.
`
`1 Approximately 10 years prior to plaintiff’s diagnosis of malignant mesothelioma.
`
`
`
`3
`
`
`
`

`

`
`
`
`
`
`
`
`5)
`
`All documents relating to the development or evolution of your knowledge, research,
`notice or awareness of the potential, alleged, disputed, or actual health hazards associated
`with inhalation and/or ingestion of asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary
`Statement and Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 13 and 14. Defendant further
`objects on the basis that the term "asbestos" is a commercial term covering various minerals.
`Asbestos, per se, and asbestos fibers, per se, do not cause disease in human beings. Asbestos
`fibers, which are airborne, of a certain length, size, and concentration in dust inhaled over a
`sufficient period of time may cause disease in some humans and some animals; however, this is
`dependent upon some or all of the following factors viz: Duration of exposure; type of asbestos
`product; respirability of asbestos fiber; use of engineering controls; use of personal protection;
`and individual susceptibility. The evolution of knowledge concerning asbestos dust and diseases
`which may be caused by asbestos dust exposure is continuing and has been subject to change.
`
`Further, a corporation, in and of itself, possesses no knowledge except through its various agents
`and employees, each of whom may possess different levels of knowledge or understanding
`pertaining to any given matter.
`
`6)
`
`All documents relating to communication from, to or with your supplier(s) of asbestos
`and/or asbestos-containing components regarding the alleged, potential, disputed,
`disproven or actual health hazards associated with the inhalation and/or ingestion of
`asbestos.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`7)
`
`All documents pertaining to information communicated or otherwise provided to you
`prior to 2007 by parties or non-parties regarding the potential, alleged, disputed, or actual
`health hazards associated with inhalation and/or ingestion of asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13 and 14.
`
`8)
`
`All documents pertaining to the supply, sale, distribution, delivery or installation of your
`asbestos-containing products to/at:
`a.
`Goshen Tractor Co. Inc., Goshen, CT
`b.
`Agway, Litchfield, CT
`c.
`Vaill Farm, Morrisville, NY
`d.
`U.S. Electrical Services Inc., Middletown, CT
`e.
`Torrington Distributors Inc., Torrington, CT
`
`
`
`
`
`4
`
`

`

`
`
`o.
`p.
`q.
`r.
`
`f.
`Pollard Brothers Farm (a/k/a Bollard Bros.), Falls Village, CT
`g.
`Transducer Products Inc., Canaan CT
`h.
`Eastside Electric Inc., Harwinton, CT
`i.
`Breakell & Ives Inc.
`j.
`United Construction & Engineering Inc.
`k.
`Breakell Inc.
`l.
`Ethier Acres, Argyle, NY
`m. Walbridge Farm, Millbrook, NY
`n.
`Any other site at which plaintiff worked or was potentially exposed to asbestos,
`including those referenced in plaintiff’s discovery deposition
`Hart Building & Roofing Supplies Inc.
`Iffland Lumber Co.
`Marjam Supply Co. Inc.
`Any retailer, dealer or distributor of your asbestos-containing products that was
`identified by plaintiff
`The Hotchkiss School, Lakeville, CT
`Burndy (a/k/a FCI America Inc.), Orange, CT
`Republic Steel (l/k/a United Steel), East Hartford, CT
`Town Hall, West Hartford, CT
`The Torrington Co., Torrington, CT
`McMillan Machinery Co. Inc., Bridgeport, CT
`Thomas Breakell
`Adam Breakell
`
`s.
`t.
`u.
`v.
`w.
`x.
`y.
`z.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`9)
`
`All documents regarding the following aspects of each asbestos-containing product you
`manufactured:
`a.
`The health hazards associated with inhalation or ingestion of asbestos from the
`product or any of its components;
`The amount of asbestos released by the product or by its asbestos-containing
`components when manufactured, stored, distributed, used, installed, applied,
`assembled, operated, disassembled, removed, repaired, maintained, replaced or
`otherwise disturbed;
`The capability of the product to comply with industry standards, state or federal
`regulations, or other limits;
`Efforts, if any, to reduce or eliminate asbestos from the product or its components,
`whether or not manufactured by you;
`The friability of the product and its asbestos-containing components;
`The benefits of asbestos as an ingredient of the product or any of its components;
`The intended uses and benefits of the product or any of its components;
`
`b.
`
`c.
`
`d.
`
`e.
`f.
`g.
`
`
`
`5
`
`
`
`

`

`The intended, anticipated or known practices and processes to assemble, apply,
`install, operate, maintain, repair, disassemble or otherwise use or consume the
`product; and
`The ways the product can be distinguished from similar products manufactured by
`other companies.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`10) Organizational charts from 1960 through the present.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`11) All documents regarding your rules, regulations, manuals, standards, procedures,
`instructions provided to or otherwise made available to your employees, agents,
`distributors and/or customers pertaining to the potential, alleged, disputed, or actual
`health hazards associated with mining, milling, processing, producing, manufacturing,
`fabricating, assembling, designing, packaging, distributing, marketing, advertising,
`supplying, selling, delivering, installing, applying, repairing, maintaining, removing, or
`disturbing asbestos-containing products.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13 and 14. Defendant further objects
`on the basis that there is no allegation that plaintiff was ever employed by this defendant.
`
`12) All licensing, sales, dealer, distributor, contractor or other agreements2 with any other
`defendant or third party (including suppliers, distributors and contractors) identified by
`plaintiff or listed in the subparts of plaintiff’s request for production 8.
`
`
`
`h.
`
`i.
`
`
`
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`13)
`
`Photographs and other images of any type or form (including video) of your asbestos-
`containing products.
`
`
`2 This request is limited to agreements that relate to asbestos-containing products or components.
`
`
`
`
`
`6
`
`

`

`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`14)
`
`Photographs and other images of any type or form (including video) of the packages,
`packaging and labeling of your asbestos-containing products.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`15) All documents regarding manufacturing, quality and/or purity specifications for your
`asbestos-containing products (or components thereof).
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`16) All documents pertaining in any way to meetings, correspondence, statements or other
`communications to or from any manufacturer or supplier (or from their agents,
`representatives or trade associations) of asbestos or asbestos-containing products
`concerning the potential, alleged, disputed, or actual health hazards associated with
`inhalation and/or ingestion of asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`17) All patents, trademark and applications therefor that pertain to your asbestos-containing
`products.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`
`
`
`
`
`
`
`
`
`
`
`7
`
`
`
`

`

`
`
`18) All documents relating to the appearance, design, function, assembly, operation,
`maintenance, repair or cost of your asbestos-containing products3, including, without
`limitation, product catalogs, specifications, formulas, brochures, advertisements,
`pamphlets, instructions and manuals.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`19) All documents related to tests or analyses performed by you or on your behalf concerning
`the release or potential release of asbestos from your asbestos-containing products or
`components thereof.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`20) All documents relating in any way to meetings, correspondence, statements or other
`communications of any trade association, labor union, company or governmental (or
`administrative) agency prior to 2007 regarding the potential, alleged, disputed, or actual
`health hazards associated with inhalation and/or ingestion of asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`21) All documents relating in any way to the potential, alleged, disputed, or actual health
`hazards associated with inhalation and/or ingestion of asbestos from any of your
`asbestos-containing products.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`22) All documents prepared, published, written, reviewed, issued, commented on or
`otherwise disseminated by you, any of your agents or employees, or on your behalf prior
`
`
`
`
`
`
`
`
`3 Limited to those materials and products identified by plaintiff.
`
`
`
`8
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`to 2007 relating in any way to warnings, potential health hazards, instructions or
`precautions regarding exposure to asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`23) All records relating to comments, complaints, suggestions or proposals made by your
`agents, employees, officers, customers, dealers, distributors, contractors or yourself
`regarding the potential, alleged, disputed, or actual health hazards associated with
`inhalation and/or ingestion of asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`24) All photographs and images of any type or form (including video) of people working
`with, using or otherwise being exposed to any of your asbestos-containing products or
`asbestos-containing components thereof.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`25) All documents pertaining to asbestos-related safety precautions observed by you and/or
`your employees when manufacturing your asbestos-containing products.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`26) All documents submitted or otherwise transmitted to any federal, state or local
`government or agency in connection with efforts to establish standards, specifications,
`testing methods, or permissible levels of ambient or occupational exposure to asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`27) All documents submitted or otherwise transmitted to any other defendant, trade/industry
`organization or non-party regarding federal, state or local government or agency efforts
`to establish or consideration of standards, specifications, testing methods, or permissible
`levels of ambient or occupational exposure to asbestos.
`
`
`
`9
`
`
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`28) All your asbestos-containing products (or representative samples, portions or
`reproductions of same).
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`29) All boxes, containers, wrappers, or other materials that you used to package, ship or
`distribute you asbestos-containing products.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`30) All labels, tags or warnings (and images thereof) that you allege you placed on the boxes,
`containers, wrappers or other materials which contained your asbestos-containing
`products.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`31) All documents marked or listed as exhibits in any insurance coverage litigation between
`you and any liability insurance carrier regarding coverage for asbestos-related claims.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`32) All documents that pertain to workers' compensation claims made by your employees
`based upon injuries allegedly caused by exposure to asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`
`
`10
`
`
`
`

`

`
`
`
`33) All documents regarding safety inspections and evaluations, including, but not limited to,
`industrial hygiene evaluations, performed by any person or entity (including, but not
`limited to, your employees, agents, insurance companies and government/regulatory
`agencies) at or regarding any of your premises that related in any way to the potential,
`alleged, disputed, or actual health hazards associated with inhalation and/or ingestion of
`asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 13 and 14. Defendant further objects
`on the basis that there is no allegation that plaintiff was ever employed by this defendant.
`
`34) All environmental tests, reports and related documents, including health surveys and
`industrial hygiene studies, regarding facilities or properties at which your asbestos-
`containing products were manufactured.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility and has never manufactured, distributed or sold asbestos containing
`products.
`
`35) All documents related to any instances of violations of rules and/or regulations regarding
`asbestos that occurred at your facilities, premises or properties, including, but not limited
`to, those where your asbestos-containing products were manufactured.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`36) All documents related to any instances of violations of rules and/or regulations regarding
`dust that occurred at your facilities, premises or properties, including, but not limited to,
`those where your asbestos-containing products were manufactured.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`37) All medical, scientific and industry publications, notices or other communication
`maintained, possessed or received by you prior to 2007 that contain information relating
`to the potential, alleged, disputed, or actual health hazards associated with inhalation
`and/or ingestion of asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`11
`
`
`
`

`

`
`
`
`
`
`
`38) All documents that pertain to the decision, if any, you made to stop manufacturing a
`product that contained asbestos, including, but not limited to, those products identified by
`plaintiff.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`objections, without waiver, and as limited thereby, Defendant states: Not applicable. Defendant
`is a holding company formed in the State of Nevada in 1994. It has never owned or operated a
`manufacturing facility.
`
`39) All transcripts, including exhibits, of testimony (deposition, trial or otherwise) by any of
`your employees or representatives in asbestos litigation or otherwise relating to your
`asbestos-containing products.
`
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14.
`
`40) All documents, including photographs and images, that pertain to plaintiff’s employers,
`residences, worksites or other locations of potential exposure to asbestos.
`
`RESPONSE: Defendant restates and incorporates by reference its Preliminary Statement and
`Specific Objections numbered 1, 2, 3, 4, 5, 8, 9, 11, 12, 13 and 14. Subject to the foregoing
`obje