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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES - CENTRAL CIVIL WEST
JCCP Case No.: 4674
[M0PWED] CASE MANAGEMENT ORDER REQUIRING DISCLOSURE OF BANKRUPTCY TRUST CLAIMS, CLAIMS- RELATED MATERIALS, AND ASBESTOS EXPOSURE FACTS
l7 11 The Court, Honorable Emilie H. Elias presiding, conducted a hearing on May 12,201 5,
18 following a hearing on June 20,20 14, regarding the Defense Discovery Committee's Motion II 19 Proposing Disclosure Requirements For Personal Injury Claims Pursuant to 11 U.S.C.A. $524(G). I I 20 11 After considering the moving and opposing papers and the arguments of counsel for
21 defendants and for plaintiffs, and good cause appearing, the Court hereby makes this ruling, and II 22 11 orders that all plaintiffs and their counsel appearing in LAOSD Asbestos Cases comply with the
23 disclosure requirements set forth herein. I I 1 . BANKRUPTCY TRUST RELATED INTERROGATORIES.
The Court hereby incorporates into the August 11,201 4 Case Management Standing Order
26 Re: Discovery In All Coordinated LAOSD Cases the following: (a) the additional interrogatories I I 27 11 attached hereto as Exhibit 1, and (b) the LAOSD Standard Interrogatories to Plaintiffs' attached
28 POLSINELLI LLP LOS ANCFLES
U S E MANAGEMENT ORDER REQUIRING DISCLOSURE OF BANKRUPTCY TRUST CLAIMS, CLAIMS-RELATED MATERIALS, A N D ASBESTOS EXPOSURE i = A m
50396513.1
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LOS AWCELES
hereto as Exhibit 2 which contains a revision to Interrogatory 68. In addition, the Court hereby
orders that plaintiffs supplement and update their response s to Defendant's additional
interrogatories (Exhibit 1) and intemgatories 68 to 72 of the LAOSD Standard Interrogatories to
Plaintiffs (Exhibit 2), no later than 5 days before trial, if new witnesses or documents have been
discovered.
The Court finds that facts relating to a plaintiffs andlor decedent's alleged exposures to
asbestos are not privileged and are discoverable. Plaintiffs are required to disclose all facts
relating to all of their alleged exposures to asbestos, whether to the products or premises
attributable to named defendants, or to bankrupt or other entities, and regardless of whether those
facts have been , or ever will be, included in a claim to a third party for the purpose of obtaining
compensation for an asbestos-related injury. Plaintiffs may not object or refuse to produce
information relating to exposure facts in response to appropriate discovery requests from
defendants for the reason that no claims have been or will be made based on such facts or
because such facts may also appear in otherwise privileged documents such as signed affidavits
or unsubmitted bankruptcy trust claim forms. No waiver of attorney-client or work product
privileges will result from the disclosures required herein.
2. BANKRUPTCY TRUST AUTHORIZATIONS.
Plaintiffs shall execute and provide a Bankruptcy Trust Authorization in the form attached
hereto as Exhibit 3 at the same time and in the same manner as the other authorizations pursuant to
this Court' s Order regarding Plaintiffs' Authorizations.
3. PRODUCTION OF BANKRUPTCY TRUST RELATED DOCUMENTS.
Plaintiffs shall produce all documents sent to, received from, shown to, exchanged with, or
otherwise disclosed to any established or pending asbestos trust funds (including but not limited to
their administrators andlor agents, supervising courts arid their agents, claims processing facilities
and their agents), for any purpose including, but not limited to, supporting a claim for an asbestos-
related injury, or providing notice of, or reserving a place for, a future claim for compensation for
,In asbestos-related injury. This production shall include, but is not limited to, ballots,
CASL MANAGEMENT ORDER REQUIRING DISCLOSURE OF BANKRUPTCY TRUST CLAIMS, CLAIMS-RELATED MATERIALS, AND ASBESTOS EXPOSURE F A m
503965 13.1
28 PQLSINELLI L1.P LOS A N G E L t S
questionnaires, submitted or filed forms, summaries, claims, "placeholder" claims, requests for
extensions, requests for details, all supporting documentation, all related communications, and all
documents filed, lodged and/or submitted on or after January 1,201 pursuant to Rule 2019 of the
Federal Rules of Bankruptcy Procedure. These communications are not privileged and must be
produced pursuant to this order in each case.
In addition, declarations andlor affidavits that have been circulated to someone other than
Plaintiff and Plaintiffs' counsel (including hisher law f m ) and set forth facts regarding a
plaintiffs andlor decedent's exposure to asbestos or an asbestos-related injury, are not privileged
and must be produced pursuant to this order in each case.
This production shall be made pursuant to this Order in each case at the same time that
Plaintiffs serve responses to Defendants' Standard Interrogatories. In addition, the Court hereby
orders that Plaintiffs shall supplement this production of bankruptcy claim related documents and
declarations no later than 5 days before trial.
4. EFFECTIVE DATE OF ORDER.
This Order applies to all LAOSD Asbestos Cases where the initial complaint, or any
mendment to a complaint to assert wrongful death and/or survival claims, is filed on or after
5/27 /// , for a six month trial period. This Order shall remain in effect after the
:onclusion of the six month trial period unless amended , vacated or otherwise superseded by
'urther order of the Court.
IT IS SO ORDERED.
w Honorable Emilie H. Elias Los Angeles Superior Court Judge
XSE MANAGEMENT ORDER REQUIRING DISCLOSURE OF BANKRUPTCY TRUST CLAIMS. CLAIMS-RELATED MATERIALS, AND ASBESTOS EXPOSURE
FACTS 0396513.1
EXHIBIT 1
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
In re Los Angeles Asbestos Litigation - General Orders Coordinated Proceeding Special Title (Rule 3.550)
LAOSD ASBESTOS CASES
CASE NO. JCCP 4674
Assigned for All Purposes to the Honorable Emilie H. Elias in Department 324
LAOSD STANDARD BANKRUPTCY INTERROGATORlES TO PLAINTIFFS
[EXHIBIT 11
INTRODUCTION
Each plaintiff in the above-captioned asbestos litigation is required to respond to the
following Standard Bankruptcy Interrogatories separately and fully in writing, under oath,
pursuant to Code ofcivil Procedure jj2030.010, er seq. In responding to these interrogatories,
the plaintiff is required to furnish all information that is available to the plaintiff and anyone
acting or purporting to act on hidher behalf, including but not limited to, the plaintiffs counsel,
agents, representatives, and employees. If the plaintiff cannot answer an interrogatory
completely, helshe shall answer to the fullest extent possible and specify the reason(s) for hisher
inability to respond fully.
DEFINITIONS
The following definitions apply to the terms used in these interrogatories:
ASBESTOS BANKRUPT ENTlTY shall include all entities, trusts, and agents of all
PERSONS who filed for bankruptcy due to asbestos liabilities including, but not limited to, those
listed on Attachment A hereto.
LAOSD STANDARD BANKRUP'TCY INTERROGATORIES '1.0 PLAINI'IFFS Exhibit 1 to Case Management Order
50396068.1
Page 1 l
DOCUMENT(S) shall mean "writing" as defined in Evidence Code 8 250 including, but
not limited to, any and all physical articles of admissible or inadmissible evidence, exemplars,
packaging, invoices, contracts, agreements, purchase orders, memoranda, notes, instructions,
catalogues, specifications, plans, formulas, bills of lading, receipts, work orders, customer cards,
depositions, electronic mail, declarations, affidavits, written discovery DOCUMENTS,
photographs, videotapes, audio tapes, scanned DOCUMENTS, microfiche, databases of records,
Adobe Acrobat .pdf files, .tif files, .jpg files, .gif files, electronic images, digital images, digital
files, hard drives, CD-ROMs, and DVD-ROMs. DOCUMENTS also include DOCUMENTS in
the memory of computer systems, on diskettes, CD-ROMs, or on other computer memory
storage devices.
IDENTIFY and IDENTITY shall mean to describe in sufficient detail to satisfl the
requirements of a request for production of DOCUMENTS under Code ofCivil Procedure
$5 203 1.010 et seq., including but not limited to the title, date, author and publisher of the
DOCUMENT, and lor stating the name and address and telephone number of each PERSON
indicated.
PLAINTIFF/DECEDENT shall mean the person whose alleged exposure to asbestos
gives rise to the current lawsuit.
PERSON(S) shall mean any individual person, business, entity, or organization.
YOU and YOUR or any derivative thereof shall mean PLAINTIFFIDECEDENT, as well
as anyone acting or purporting to act on hisher behalf, including, but not limited to, plaintiffs
and or decedent's agents, representatives, counsel, and employees. The Court does not intend to
create by this Order a4equirement upon counsel to search old ease files for facts.
k INTERROGATORIES
73. For each claim identified in response to Interrogatory No. 68, state all facts
supporting the claim including, but not limited to, the brand name, manufacturer and supplier of
each asbestos-containing product, material and/or compound with which
PLAINTIFFDECEDENT worked, worked around, or to which PLAINTIFFIDECEDENT was
otherwise exposed, when the exposure occurred, and how the exposure occurred.
I.AOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINTIFFS Exhibit I to Case Mnnagement Order
50396068.1
74. For each claim identified in response to Interrogatory No. 68, identify all
PERSONS who have knowledge of facts about each asbestos-containing product, material
andlor compound with which PLAINTIFF/DECEDENT worked, worked around, or to which
PLAINTIFF/DECEDENT was otherwise exposed, which support the claim.
75. For each ASBESTOS BANKRUPT ENTITY, state all facts in YOUR care,
custody or control that PLAINTIFFIDECEDENT was exposed to any asbestos from an asbestos-
containing product, material andlor compound related to that ASBESTOS BANKRUPT
ENTITY, including, but not limited to, identification of the brand name, manufacturer and
supplier of each asbestos-containing product, material andlor compound, when the exposure
occurred, and how the exposure occurred.
76. For each ASBESTOS BANKRUPT ENTITY referenced in response to
lnterrogatory No. 75, IDENTIFY all PERSONS who have knowledge of facts about the
exposure including, but not limited to, identification of the brand name, manufacturer and
supplier of each asbestos-containing product, material andfor compound, when the exposure
occurred, and how the exposure occurred.
77. For each ASBESTOS BANKRUPT ENTITY referenced in response to
Interrogatory No. 75, IDENTIFY all DOCUMENTS that relate to the exposure including,
but not limited to, identification of the brand name, manufacturer and supplier of each
asbestos-containing product, material andlor compound, when the exposure occurred, how
the exposure occurred, and witnesses to the exposure.
78. IDENTIFY all DOCUMENTS not previously identified in response to
Interrogatory Nos. 68 and 77 that relate to any existing claim by PLAINTIFFIDECEDENT
against every ASBESTOS BANKRUPT ENTITY including, but not limited to, ballots,
declarations, claims, all documents filed, lodged and/or submitted on or aAer January 1,201 5
pursuant to Rule 2019 of the Federal Rules of Bankruptcy Procedure, claims or submissions.
proofs of claim, and amendments or suppletnents thereto.
I,AOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINTIFFS Exhibit I LO Case Management Order
50396068.1
Page 1 3
Asbestos Bankru~tcy Trusts
Trust Name
A&! Corporation Asbestos Bodily Injury Trust
A-Best Asbestos Settlement Trust
AC&S Asbestos Settlement Trust
Amatex Asbestos Disease Trust Fund
APG Asbestos Trust .
AH, Inc. Asbestos Settlement Trust
Annstrong World Industries Asbestos Personal Injury Settlement Trust
ARTRA 524(g) Asbestos Trust
ASARCO LLC Asbestos Personal Injury Settlement Trust
Babcock & Wilcox Company Asbestos Personal Injury Settlement Trust
Bartells Asbestos Settlement Trust
Specialty Products Holding Corp. (Bondex) Asbestos Settlement Trust
Brauer 524(g) Asbestos Trust
Burns and Roe Asbestos Personal Injury Settlement Trust
C. E. Thurston & Sons Asbestos Trust
Celotex Asbestos Settlement Trust
Christy Refractories Asbestos Personal Injury Trust
Combustion Engineering 524(g) Asbestos PI Trust
Congoleum Plan Trust
DII Industries, LLC Asbestos PI Trust
Durabla Manufacturing Company Asbestos Trust
Eagle-Picher Industries Personal Injury Settlement Trust
Federal Mogul U.S. Asbestos Personal Injury Trust
Flintkote Company and Flintkote Mines Limited Asbestos Personal Injury Trust
Fuller-Austin Asbestos Settlement Trust G-1 Asbestos Setllement Trust
-4-
LAOSD STANDARD BANKRUPTCY NJERROGATORlES TO PLAlNTIFFS [EXHLBIT I]
Trust Name - Cont'd.
H.K. Porter Asbestos Trust
Hercules Chemical Company, Inc. Asbestos Trust
J.T. Thorpe Settlement Trust
JT l'horpe Company Successor Trust
Kaiser Asbestos Personal Injury Trust
Keene Creditors Trust
Leslie Controls, Inc. Asbestos Personal Injury Trust
Lummus 524(g) Asbestos PI Trust
Manville Personal Injury Settlement Trust
Metex Asbestos PI Trust
M.H. Detrick Company Asbestos Trust
Motors Liquidation Company Asbestos Personal lnjury Trust
NGC Bodily Injury Trust
North American Refractories Company Asbestos Personal Injury Settlement Trust
Owens Corning Fibreboard Asbestos Personal Injury Trust
Pacor Settlement Trust
Pittsburgh Corning Corporation Asbestos PI Trust
Plant hulation Company Asbestos Settlement Trust
Plibrico Asbestos Trust
Porter Hayden Bodily lnjury Trust
Quigley Company, Inc. Asbestos PI Trust
Raytech Corporation Asbestos Personal lnjury Settlement Trust
Rock Wool Mfg. Conlpany Asbestos Trust
Rutland Fire Clay Company Asbestos Trust
Shook & Fletcher Asbestos Settlement Trust
Stone and Webster Asbestos Trust
-5- I LAOSD STANDARD BANKRUPTCY INTERROGATONES TO PLAMnFFS
[EXHIBIT I J
I
Trust Name - Cont'd.
Swan Asbestos and Silica Settlemerit Trust
'1' H Agriculture & Nutrition, LLC Industries Asbestos Personal Injury Trust
Thorpe Insulation Company Asbestos Personal Injury Settlement Trust
United States Gypsum Asbestos Personal Injury Settlement Trust
United States Mineral Products Company Asbestos Personal Injury Settlement Trust
UNR Asbestos-Disease Claims Tnlst
Utex Industries, Inc. Successor Trust
Wallace & Gale Company Asbestos Settlement Trust
Western MacArthur-Western Asbestos Trust
WR Grace Asbestos PI Ti-ust
LAOSD STANDARD BANKRUPTCY WERROGATOFUES TO PLAMTIFFS [ExHBn- I ]
EXHIBIT 2
I
SUPERIOR COURT OF THE STATE OF CALIFORNU
FOR THE COUNTY OF LOS ANGELES
In re Los Angeles Asbestos Litigation - CASE NO. JCCP 4674 General Orders Coordinated Proceeding
i Special Title (Rule 3.550) 1 LAOSD STANDARD MTERROGATORTE
LAOSD ASBESTOS CASES
TO PLAMTIFFS
[EXHLBIT 21 i INTRODUCl'ION
Each plaintiff in the above-captioned asbestos litigation is required to respond to the
following general order interrogatories separately and fully in writing, under oath, pursuant to
Code ofcivil Procedure §§2030.0 10, et seq. In responding these interrogatories, the plaintiff s
required to furnish all information that is available to the plaintiff and anyone acting or
to act on hisher behalf, including, but not limited to, the plaintiffs counsel, agents,
representatives, and employees. If the plaintiff cannot answer an interrogatory
shall answer to the fullest extent possible and specify the reason(s) for hidher
fully.
DEFIMTIONS
As used in these interrogatories , the term "YOU" and "YOUR" or any derivative the
means plaintiff andlor decedent, as well as anyone acting or purporting to act
including, but not limited to, plainties agents, representatives, counsel, and employees.
-1-
LAOSD STANDARD BANKRUPTCY JNTERROGATORleS TO PLAINTIFFS lEXHIBK 21
As used in these Interrogatories, the term "PERSON(S)* includes a natural PERSON,
association, organization, partnership, business, trust, corporation, or public entity. i As used in these Interrogatories, the term "DOCUMENT(S) " means a writing as de&
in Evidence Code 5 250, and includes the original or a copy of any handwriting, printing,
Photostatting, photographing, and every other means of recording upon any tangible thing in rrn Q of communication or representation, including letters, words, pictures , sounds, or symbols,
combinations of them. The term "DOCUbENT(S)" specifically includes, but is not limited
and all JOB files, contracts, invoices, work orders, JOB logs, specifications, blueprints, maps, I purchase orders, and permiis.
As used in these Interrogatories, the term "DESCRIBE " as it relates to equipment,
or material means provide a complete description of the equipment, product or material incl 'ng 4 but not limited to the name, r n a o u f s c ~ , supplier, distributor, color, texture, consistency,
size and any markings; a description of the container andfor packaging including size,
writing on the container and or packaging and a description of how the equipment, product or
material was used . As used in these interrogatories, "ASBESTOS-CONTAINING PRODUCT(S)" mean
my and all products that contain any amount of asbestos dust or fiber.
As used in these interrogatories, "RESPIRATORY PROTECTION EQUIPMENT"
means any device or item of apparel used to prevent or reduce the inhalation of asbestos, or o * dusts or fibers such as, but not limited to, kerchiefs, dust masks, respirators, hoods, and resp' r * filters, cartridges and canisters.
"IDENTIFY" in regards to WORKSITES means to state the name, street address
(including city, state and zip code), property owner, building number, floor number, cross-
street(@, parcel number, or other identifying characteristics of each WORKSITE alleged to be 1. t I
issue.
"IDENTIFY" in regards to DOCUMENTS means to describe the DOCUMENT(S) wi
sufficient particularity to issue a subpoena, request for production andlor notice to produce,
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LAOS0 STANDARD BANKRUPTCY ~ O G A 1 ' O R I E S TO PLAWIXTS
~ncluding the title, date, author, addressee or other recipient@) , and the name, address or 0th
antact information for the custodi.an(s) of each DOCUMENT.
"IDENTIFY" in reg& to PERSONS means to state the full name, JOB title, last knl
address (including city, state and zip code), telephone number andlor other contact informati
zach PERSON, if known to the Plaintiff answering these Interrogatories and/or hisker attorr
"IDENTIFY" in regards to ASBESTOS-CONTAINING PRODUCTS means to state
trade name, brand name andor manufacturer of the product(s) , and any other markings, wdc
Dr logos associated with the product.
As used in these interrogatories, the term "CONTRACTOR DEFENDANT(S)" mean
Defendant who allegedly exposed YOU to asbestos as a result of their work involving the
installation, use, handling, abatement, removal or disturbance of ASBESTOS or ASBEST03
CONTAINING PRODUCTS.
As used in tIrese interrogatories, the tenn " WORKSITE" means each premise, t O C A
Dr area where YOU contend YOU were exposed to asbestos, including but not limited to
commercial buildings, tract housing, refinery facilities, shipyards, and vesseldsJ~ips.
"LOCATION " or "LOCATIONS" means the city, state, country, street ad&ess,
intersection or shipyard. Far work aboard ship, please IDENTIFY the ship and where it was
located during the time YOU worked on board.
"OCCASION" refers to a day, any part of a day, or a series of day(s), week(s), m o d
year(s) during which YOU worked mntinuously at a WORKSITE.
"SAFETY PRECAUTION means respirators, masks, fans, air blowers, tarps, wet dc
procedures, isolation and any other equipment and/or methods used to limit or prevent expos
dust.
When the word "AUTOMOBILE" or "AUTOMOTIVE" is used herein, it refers to an
motor vehicle or mobile equipment and their systems or parts including, but not limited to, a
truck, tractor, trailer, bus or heavy motorized equipment, upon which plaintiff claims he perf
any repairs or work that resulted in an exposure to asbestos.
-3-
UOSD STANDARD BANKRUPTCY WIERROOATOR1ES TO P W I ' I F F S IEXHIBn 21
The term "FRICTION MATERIAL DEFENDANTS" means those defendants whom
plaintifqs) has/have named in the complaint and who plaintifis) alTege(s) are in the business
selling, manufacturing or distributing "BRAKE LININGSn or "ASBESTOS-CONTAMING
FRICTION PRODUCTS" andlor any other AUTOMOTZVE parts which plaintiqs) allege(s)
contain asbestos.
The term "ASBESTOS-CONTAINING FRICTION PRODUCTSR means "BRAKE
LININGS" as defined above and AUTOMOBILE transmission parts such as clutches, clutch
plates, clutch discs, clutch facings and linings, or any other AUTOMOBILE parts which contatin
or have parts made from asbestos, such as gaskets.
-4-
LAOSD STANDARD BANKRUPTCY lNTERI2OGAX)RIES TO PLANlWQS [EXHIBIT 21
I
INTERROGATORIES
I. BACKGROUND
1. State YOUR full name, present address, date and place of birth, social security
number, height, and weight, and, if YOU have a driveis license, ihe state of issuance and the
number of that driver's license.
I
2. State any other name or names by which YOU have been known, including.
nicknarne(s), and the inclusive dates of use of that name or names.
3. State all YOUR former residence addresses, including street address, city, state
and zip code, that YOU have lived at during YOUR lifetime, giving the dates during which Y U
lived at each address and the names of each PERSON and relationship to YOU who lived wit
YOU at each address.
4. If YOU are married, state the name of YOUR spouse, herlhis age and present
spouse is currently employed, state:
a. The name and address of hisher employer;
I address (if different from YOUR address), and the date and place of YOUR marriage. If YOU
b. Whether Mshe is employed on full or part time basis; and
c. The amount of hisfher average weekly or monthly salary.
5. State the names of any previous spouses, the dates and places of those marriag
md the dates those maniages were dissolved or terminated. If the d a g e was terminated bl
iivorce, state the county and state in which the divorce papers were filed.
6. State the names, ages and present addresses of each of YOUR children.
7. State the names, ages and present addresses of each of YOUR parents. If they
3eceased, indicate their age at death and cause of death.
8. State all schools including vocational programs YOU have attended since
zlementarylgrade school up to the highest grade level YOU have completed , together with th
date completed, name and LOCATION of the school YOU attended, and any degree or certifi
YOU received from each school.
9. If YOU have been or are licensed by any agency, governmental or
nongovernmental, to perfom any profession, trade or occupation, state the following:
a. The date the license was issued;
b. The name and address of the agency issuing the license;
c. The profession, trade or occupation for which the license was issued;
d. Whether the license was revoked or suspended; and if so, the date and
reason for each revocation and suspension., and
e. The amount of time YOU engage in the profession, trade or occupatior
authorized by the license.
10. If YOU have been convicted of a felony, state tlw date, place (city, county, anc
state) and nature of each felony cqnviction and court case number. If YOU served time in prir
state the dates and LOCATION of time served.
n. MILITARY SERVICE
11. If YOU have ever been a member of the Anned Forces of the United States, 01
other Country, state:
a. The Country in which YOU served in the Armed Forces;
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LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINIlFFS (EXHIBIT 21
b. The branch of service,
c. YOUR serial number, and the highest rank or grade YOU held;
d. The dates YOU began and ended YOUR military service;
e. The type of discharge YOU received;
f. At what.LOCATIONS YOU served, if any, and the dates of such
g. If YOU served aboard ship, identify the ship by name and/or hull num
and the dates of such service;
h. The specific nature of YOUR duties at each of the above
ships;
i. Any claimed exposure to asbestos products, and the nature and extent of
any such exposure;
j. YOUR veteran's administration number; and,
k. If YOU received technical or vocational training as a member of the
Forces the type of training YOU received and dates of the training
12. If YOU are presently employed, state:
a. The name and address of YOUR present employer;
b. The name and address of YOUR immediate s u p e ~ s o r
c. The nature of the work YOU do and YOUR JOB title;
d. The number of hours, per week, YOU normally work,
e. The date YOUR employment began and ended;
f All of YOUR JOB positions from the beginning of YOUR employment P dates for each position;
g. YOUR present rate of pay or salary; and
13. If YOU are not presently employed, describe the reason why. If retired, state th t date and specific reason@) for YOUR retirement.
4-
LAOSD STANDARD BANKRUPTCY WERROGATORIES TO PLAMTlFFS I
WHIBIT 21
14. List all OCCASIONS during the last twenty years of YOUR life on which YO
lave lost time b m work for over ten consecutive days as a result of any of the following, an(
ach such loss, indicate the amount of time lost and the reason for the lost time:
a. Illness;
b. Injury.
15. If YOU have ever been discharged or voluntarily ieft a position due to health
xoblems, state in detail the dates, names of employers, places of employment and
:ircumstances surrounding each discharge or voluntary termination.
16. If YOU are or have ever been a member of any labor union, state for each unicl
nembership:
a. The name, address and telephone number of the union, the union local I
chapter number of each union, and YOUR membership number, if any;
b. The dates and time periods during which YOU maintained rnembershir
each such union.
17. List all of YOUR employment or JOBS that YOU have ever had in YOUR
ifetime, including self-employment, and for each employment, state:
a. The employer 's name, address and telephone number, and the dates of
YOUR employment;
b. YOUR JOB title and a description of YOUR duties;
c. If YOU claim, or have reason to believe, YOU were exposed to asbestc
the manner of exposure, the duration and time period of exposure and tl
type of product (e.g., insulation, cement, etc.) to which YOU were expc
The LOCATION of each JOB site, including the name of each facility,
shipyard, or ship, and the state and city where located, along with the
beginning and ending dates of each such JOB;
For each such JOB, state the name, approximate age, their JOB title at 1
place of employment, and last known address and phone number of all
-I-
LAOSD STANDARD BANKRUPTTCY IKIERROG ATONES TO PLAlNTlPFS [-IT 21
PERSONS with whom YOU worked , including but not limited to YO
supervisor, on such JOB;
f. The reason for each termination; and
g. The rate of pay at each place of employment.
IV. EXPOSURE TO ASBESTOS- PRODUCTS/EQUIPMENT
18. For each product, material , compound or equipment (collectively referred to
"product") which YOU contend contains ASBESTOS allegedly manufactured , produced , I
prepared , distributed or sold by any defendant named in this action or by its predecesso~s ,
subsidiaries, subdivisions or affiliates, and which YOU worked with or around or
1 1 otherwise claim to have been exposed to at any time: I I l2 11. a Describe each product as specifically as possible, including its trade
product type, ASBESTOS content, color, packaging, and manufacturer I together with a detailed description of when and how YOU became awqre
of this information;
b. If not already identified in response to number 17(c) above, state the
date(s) on which and places where YOU were exposed or YOUR best
estimate thereof, together with the circumstances surrounding such
exposure (i.e., whether YOU worked with it or were simply near an area I
where it was being used) to the product ;
Describe all instructions, recommendations or warnings of any kind tha
accompanied the product, together with the LOCATION(s) where this
information appeared (e.g., printed on tag, tag covering, instruction she + I accompanying product, etc.);
State the purpose for which YOU used the product;
e. IDENTIFY all SAFETY PRECAUTIONS in place during YOUR use o th f product;
-8-
LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINTIFFS I [EXHIBIT 23
lDENTIFY Cmcluding name, address and telephone number) of YO
supervisors and co-workers at the WORKSITE; I IDENTIFY all PERSONS with knowledge of facts supporting YOUR
response to this interrogatory and its subparts, not already identified I in these responses; and
IDENTIFY all DOCUMENTS which support YOUR response to this
interrogatory and its subparts.
I v* USE OF RE3PlRATORY PROTECllON EQUIPMENT
19. IDENTIFY all RESPIRATORY PROTECTION EQUIPMENT that YOU I contend YOU used at any time. For each item of RESPIRATORY PROTECTION EQUIP
identified, provide the following information:
EQULPMENT,
EQVDPMENT, asd
i a. The name of the manufacturer of the RESPIRATORY PROTECTION
b. The name, model number, and type of the RESPIRATORY PROTE ~ c. The name of YOUR employer and the name and addsess of the jobsite
the time YOU allegedly used the RESPIRATORY PROTECTION
EQUIPMENT. + I
1 I VL EXPOSURE TO ASBESTOS - PREMISES I (1 20. For each WORKSITE identified in YOUR Response to Inkrrogatary No. 18 adow
I for which you are making a claim against a premises defendant for asbestos exposure at that
WORKSITE, please state:
a IDENTTFY each PERSON who YOU contend owned the WORKSITE
during the dates(s) or time period(s) when YOU worked there;
lDENTTFY each PERSON who YOU cantend operated the WORKSIT I 7
during the dates(s) or time period(s) vhen YOU worked there,
I I -9- I LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO I ' L A I M I
IDENTIFY each PERSON who YOU contend controlled the WORKS
during the dates@) or time period@) when YOU worked there.,
IDENTIFY each PREMISES OWNER who YOU contend exposed Y
asbestos at the WORKSITE during the date(s) or time period(s) when
worked there;
Describe the nature or manner in which YOU contend YOU were
to asbestos at the WORKSITE as a result of work performed by each
PREMISES OWNER;
the identity (including name, address and telephone number) of YOUR
employ er(s);
YOUR JOB title(s), if not described above;
YOUR JOB duties, if not described above;
The identity (including name, address and teIcphone number) of YOUR
supervisors and co-workers at the
The identity of all PERSONS
response to this interrogatory and its subparts, not already identified in
responses; and response to this interrogatory and its subparts, not a1
identified in
IDENTIFY all which support YOUR response to this
interrogatory and its subparzs.
VI1, EXPOSURE TO ASBESTOS - CONTRACTORS
21. For each WORKSITE identified in YOUR Response to Interrogatory No. 18 d
for which you are making a claim against contractor defendant for asbestos exposure at that
WORKSITE, state:
a. IDENTlFY each PERSON who YOU contend owned the WORKSITE
during the dates(s) or time period(s) when YOU worked there;
-10- I LAOSI) STANDARD BANKRUPTCY INTERROGAMRES TO PLAINTIFFS 1
[EXHIBIT 21 I I
b. IDENTIFY each PERSON who YOU contend operated the WORKS1 7 during the dates($ or time period(s) when YOU worked k,
c. IDENTIFY each PERSON who YOU contend controlled the WORKS
during the dates(s) or time period(s) when YOU worked there;
d. IDENTIFY each CONTRACTOR DEFENDANT who YOU contend
exposed YOU to asbestos at the WORKSITE during the date(s) or tim
period(s) when YOU worked there;
e. Describe the nature or manner in which YOU contend YOU wete expc
to asbestos at the WORKSITE as a result of work perfonned by each
CONTRACTOR DEFENDANT.
f. IDENTIFY (including name, address and telephone number) YOUR
employer(s);
g. YOUR JOB title(s), if not described above;
h. YOUR JOB duties, if not described above;
I. TDENTTFY (including name, address and telephone number) YOUR
supervisors and co-workers at the WORKSITE, if not identified above
j- IDENTIFY all PERSONS with knowledge of facts supporting YOUR
W. EXPOSURE TO ASBESTOS - FRICTION
22. Do YOU contend that YOU were exposed to asbestos from any ASBESTOS '
CONTAMMG FRICTION PRODUCTS at any place of employment? If so, please answer thq
following:
a. The names and addresses of all places of employment where YOU
contend such an exposure took place;
b. The dates at each place of employment;
c. YOUR JOB title at each place of employment;
d. YOUR JOB responsibilities at each place of employment;
I I -11- I LAOSD STANDARD BANKRUHCY ~ O O A T O R I E S TO PLAINTIFFS 1
limited to engineering controls or respiratory protective equipment, wit$
respect to asbestos were used by YOU or YOUR co-workers and, if so a(
A cotnplete description of any work performed by YOU which YOU
contend caused an asbestos exposure to you;
A complete description of any work pedormed by others which YOU
contend caused an asbestos exposure to you;
List the specific parts or components YOU worked with which YOU
contend are or were ASBESTOS-CONTAINING FRICTION PRODUCTS;
State the frequency of YOUR exposure to each specific
ASBESTOS-CONTAMING FRICTION PRODUCTS;
I. IDENTIFY YOUR immediate supervisorfs) for each place of emp1oym:nt;
j. IDENTIFY all of YOUR co-workers at each place of employment;
k. lDENTiFY any other PERSON with lcnowledge of YOUR alleged expc
to ASBESTOS-CONTAlNlNG FRlCTION PRODUCTS at each place
employment;
Whether any safety equipment or protective devices, including but not
limited to engineering controls or respiratory protective equipment, wi
description of the equipment/deviccr and when they were fist used. I
sure
of
-12-
LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINTIFFS [EXHIBIT 21
"r .respect to asbestos were provided to YOU or YOUR co-workers and, if so,
a description of the equipment/devices;
m. Whether any safety eqyipment or protective devices, including but not
limited to engineering controls or respiratory protective equipment, wi
respect to asbestos were required to be used by YOU or YOUR co- wor ers
they were first required; and
Whether any safety equipment or protective devices, including but not
I and, if so, a description of the equipmeptldevices and the date on which
23. Do YOU contend that YOU were exposad to asbestos from any ASBESTOS-
CONTAINING FRICTION PRODUCTS anywhere other thau a place of employment (i.e. during
home auto repair)? If so, please answe~ the following:
a The LOCATION(s) where YOU contend that each such exposure took
place;
b. The dates at each exposure;
c. For each exposure, IDENTIFY the owner of the VEHICLE on which
perfbnned work with ASBESTOS-CONTAINING FRICTION
PRODUCTS if known to you;
Iu d. For each such exposure, IDENTlFY any PERSON known to you to ha c
observed YOU working with ASBESTOS-CONTAINWG FRICTION
PRODUCTS;
e. For each such exposure, IDENTIFY any other PERSON known to you
FRICTION PRODUCTS;
1 have knowIedge of YOUR alleged exposure to ASBESTOS-CONTA (
f. A complete description of any work performed by YOU which YOU
contend caused an asbestos exposwe to you;
g. A complete description of any work performed by others which YOU
contend caused an asbestos exposure to you;
List the specific parts or components YOU worked with which YOU
contend are or were ASBESTOS-CONTAINING FRICTION
PRODUCTS;
Whether any safety equipment or protective devices, including but not
limited to engineering controls or respiratory protective equipment, wi "i mspect to asbestos were used by YOU or others during this work and, i so, '-I a description of the equipment/devices;
Whether any safety equipment or protective devices, including but not
limited to engineering controls or respiratory protective equipment , wi 4 -13-
LAOSD STANDARD BANKRUPTCY IWERROGATORZES TO PLARJTIFFS I
[EXHIBIT 21
respect to asbestos were used by YOU or others during this work md,
a description of the equipmentJdevices and on which projects they we^
used.
24. Have YOU ever received any instruction or training in AUTOMOTIVE
inspection, repair, maintenance or mechanics? If so, please state:
a. Where YOU received such training;
b. When YOU received such training;
c. By whom the training was given, noting corporate identity as well as I
and address of individuals;
The subject or topics involved;
The systems or parts of the AUTOMOBILE involved;
Whether any safety equipment or protective devices, including but no(
limited to engineering controls or respiratory protective equipment,
with respect to asbestos were discussed and/or advised , and if so, des
the equipment/devices, and
Whether the subject of asbestos (asbestos parts, asbestos health hazari
etc.) was discussed and if so, what was said.
25. Were technical or shop manuals ever made available to YOU at any places of
employment where YOU performed AUTOMOTIVE repairs? If so, please state:
a. How the manuals were made available;
b. Where the manuals were made available;
. The time periods during which the manuals were made available;
d. The identity of the manual (i.e., Chilton, etc.)
e. What systems or components were covered in the manuals; and
f. YOUR use of the manual (including frequency of use, reasons for use,
26. Are YOU contending that any defect or defective condition exists with respec
to ASBESTOS-CONTAINING FRICTION PRODUCTS other than failure to warn? If so: . -7
LAOSD STANDARD BANKRUPXY NITRROGATORLES TO PLAINTIFFS
Set forth YOUR contention with respect to the alleged defect or
defective condition;
State all facts upon which YOU base YOUR contention that a defect o
defective condition (other than a failure to warn) exists with respect to
ASBESTOS-CONTAINING FRICTION PRODUCTS ;
c Identify all DOCUMENT andlor writings upon which YOU rely in so
contending; and
d. Identify all witnesses who have knowledge of the fiicts upon which YC
rely in so contending.
27. Are YOU contending that any warnings regarding ASBESTOS- CONTAM3
FRICTION PRODUCTS given were inadequate or insufficient? If so, please state:
a, YOUR contention as to each manufacturer or supplier of ASBESTOS-
CONTAINING FRICTION PRODUCTS to which YOU contend wen
exposed;
b. YOUR contention as to how each warning was insufficient;
c. YOUR conteation as to what a proper warning should have been; and
d. Identify the witnesses who have PERSONAL knowledge of the h t s J
rely upon to support any of the contentions set forth above.
28. Do YOU contend that any misrepresentations were made to YOU by the
manufacturer of supplier of ASBESTOS-CONTANDIG FRICTION PRODUCTS? If so, p
state:
a. The nature or subtauce of the misrepresentation;
b. By whom it was made;
c. To whom it was made; and
d. When it was made.
, 29. Were youlare YOU licensed or cereified by any local, state or federal authorit]
to perform work upon AUTOMOBILES? If so, please state:
I -15-
LAOSD STANDARD BANKRUPTCY INERROOATORIES TO PLAINTIPPS
a. By whom YOU are licensed or certified;
b. When YOU were licensed or certified;
c. What the requirements are/were to become licensed or certified;
d. Whether YOU had to pass any written exarnjnations to become license
or certified; 1 e. Whether YOU had to pass any proficiency examinations to h m e li&
or certified;
f. Whether YOU were ever retested or recertified and, if so, the dates of the I
retesting or recertification; and
g. Whether YOUR license or certificate was revoked or suspended, and if
when and why.
30. Did YOU ever complain to your superiors or coworkers about working conditilns,
specifically any potential hazards of working with ASBESTOS-CONTAMING FRICTION
PRODUCTS? If so, please state:
a To whom did YOU complain;
b. When did YOU complain;
c. The nature of YOUR specific complaint;
d. What action, if any, was taken to rectify the situation;
e. When such action was taken;
f. Whether YOU repeated the complaints, if no action was taken;
g. Whether YOUR co-workers joined in YOUR complaints; I h. ldentify anyone who may have heard YOU make YOUR complaints;
i. Whether YOUR complaints were made orally or in writing. I
3 1. To YOUR knowiedge, were any air samplings for asbestos levels taken at any
the LOCATIONS at which YOU worked? If so, please state:
a. The work LOCATION or place of employment where this occurred ;
1 b. When the kpling(s) took place;
c. By whom the sampling was performed;
I I - -
LAOSD SI'AMIARD BANKRUPTCY MTERROGAMRIES TO PLAINTIFFS
d By what method the sampling was paformed; and
e. The results of the sampling.
32. To YOUR knowledge, did any governmental agency, whether federal or State,
mnduct any inspection of any of YOUR work LOCATIONSIplaces or employment? If so, 1
state:
Name and address of each work place;
Date@) of inspection;
Purpose of inspection;
Findings of the inspection; and
Whether any changes (of the facilities, and equipment or in procedures
were instituted in the work environment within three month of the
inspection.
33. At any time, were YOU aware of or did YOU read an bulletins, newsletters or
rimilar publications regarding ASBESTOS-CONTAMING FRICTION PRODUCTS or asbc
.elated health hazards issued by any manufacturer, distributor or seller of ASBESTOS-
JONTAMING FRICTION PRODUCTS, governmental agency, dealership association, by ai
inion or by any organization of AUTOMOTNE mechanics? If so please state:
a The title of the publication;
b. The date of the publication;
c. The identity of the group publishing the DOCUMENT,
Where YOU saw the DOCUMENT (at the place of employment
mailed to YOUR home);
When YOU saw the DOCUMENT (received regularly or on an interm
basis and the time fiame of receipt);
f The specifics or details of the information concerning asbestos health
hazards allegedly arising from ASBESTOS-CONTAINING FRICTIOI
PRODUCTS; and
-
LAOSD STANDARD BANKRUPTCY 1NTERROGATORIES To PLMNTIPPS [EXHIBIT 21
bs.
r
ent
What, if mything, YOU did in response to the indonnation contained i
publication (including complaints to employers).
34. Other than the subject action, have YOU made or filed any claim, including a
workers' compensation action, wherein YOU asserted a clam for i n . andlor disability as a
~f exposure to asbestos &om BRAKE LININGS or ASBESTOS-CONTAINING FRICTION
PRODUCTS? If so, please state the following:
a. The place where YOUR claim or action was filed;
b. The date YOUR claim or action was filed;
c. The parties involved in YOUR claim or action; and
d. The case or claim number of YOUR action.
[X EXPOSURE TO ASBESTOS - OTHER 35. If YOU have ever worked with or around any product containing ASBESTOS
manufhctured , produced, prepared, distributed or sold by any other entity not named as a
defendant in this lawsuit, identifv each such entity and each such product
36. If YOU believe YOU were ever exposed to ASBESTOS ather than at the time
LOCATIONS identified in YOUR response s to prior interrogatories in this set, state:
a The date@) and place(s) of such exposure;
b. The circumstances surrounding such exposure;
c. The nature of the ASBESTOS, the trade name of the ASBESTOS prod
if any, and the name and address of their manufacturer;
d. Describe what precautions YOU took, if any, to avoid exposure.
37. Did YOUR parents or any of YOUR siblings with whom YOU resided ever WI
with or have an exposure to any asbestos or ASBESTOS-CONTAINING PRODUCTS? If so.
please state to the best of your knowledge (if any):
a. The &te(s) and place(s) of such exposure;
b. The circumstances surrounding such exposue;
-18-
LAO!! STANDARD BANKRUPTCY lTJERROGATORI~ TO PLAINTIFFS ~XH1BI-r 21
hi!
sul
k
-
Nature of the ASBESTOS, the trade name of the ASBESTOS product;
any, and the name and address of their manufacturer;
Describe precautions YOU took, if any, to avoid exposure.
Y. KNOWLEDGE OF THE HAZARDS OF ASBESTOS
38. When did YOU first learn that exposure to asbestos was a potential health haz
39. Describe how YOU first became aware that exposure to asbestos was a potenti
lealth hazard.
40. When did YOU first observe anyone use any type of SAFETY PRECAUTIO
bile working with andlor around asbestos or asbestos-continuing products?
41. When, where and at whose direction did YOU first use any type of SAFETY
'RECAUTION, including but not limited to engineering controls or respiratory protective
quipment, while working with or around asbestos or asbestos-containing materials?
42. If any of YOUR employers have either required andlor made available physia
xaminations for their employees, state for each of those employers:
a. The identity of the employer,
b. The nature and extent of examinations;
c. The frequency of examinations;
d. Whether they were required or optional;
e. Whether an x-ray examination was made:
f. The frequency and/or dates and times on which YOU submitted to the
examinations;
Whether YOU received the results of the examinations;
Whether YOU are currently in position of any DOCUMENTS that
record the results of the examinations;
The identity, including the name, address ad telephone number of the
examining physician, nurse, technician or other medical provider;
-19- LAOSD STANDARD BANKRUPTCY INTERROGATORJES TO PLAMI'IFFS
t-rr 21
If YOU did not submit to the examination, provide YOUR detailed
for choosing or failing to submit to the examinations offered; and
IDENTIFY a l l DOCUMENTS evidencing the i n f o d o n requested by this
interrogatory and its subparts or otherwise describe with sufficient
the information set forth h e ~ i n .
r particularly the DOCUMENTS YOU have in YOUR possession that
Td 43. If any of YOUR employers ever suggested or recommended that YOU should se
any device to reduce YOUR possible exposure to, or inhalation of, ASBESTOS, state for eac and
every such employer:
d a. Its name, address and telephone munber;
b. The date, time and place when the suggestion or recommendation was
made, together with tk name, and employment position of the PERSOIJ
making the suggestion or recommendation;
Description of the suggestion or r e c o d a t i o n ;
Whether the suggestion or recommendation was written or oral;
The IDENTITY of each device refened to in each suggestion or
recommendation;
The nature of any action, if any, taken by YOU in response to the
suggestions.
XI. MEDICAL HISTORY/INFORMATION
44. State whether you have ever been diagnosed as suffering i?om any of the follo ing
illnesses, diseases or abnormal physical conditions: 1 I
Infectious disease (e.g., tuberculosis, pneumonia,
Cardiac disease;
Oastrointestinal disease;
Genitourinary disease or infection;
Skin disease;
Blood disease;
Neurological disease (including fainting spells, emotional upset, epilq
etc .);
Kidney disease;
Liver disease or dysfunction;
Cerebrovascular accident;
Personality disturbances or d b a n m ;
Metabolic diseasc;
Allergy;
Peripheral-vascular disease or circulatory disturbances;
Glandular disease;
An abnonnal physical condition symptomatic of diseases such as eden
the extremities, chest pains, prolonged subnormal or elevated temprat
recurring headaches jaundice, excessive hunger or thirst, etc.;
q. Pulmonary or other respiratory condition or disease;
r. Rib injuries;
s. Obesity;
t. Parasitic disease;
u. Cancer.
45. State the following fbr each illness, disease or physical condition identified in
response to the previous interrogatory;
a. The date on which YOU were diagnosed with or became aware of sam
The names and addresses of all physicians or other health care practitic
who treated YOU for same;
The name and addresses of all hospital s or other institutions where Y(
were confined for same;
As to each illness, disease or physical condition, whether it has resolve
continues at the present time.
-21- - LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO P W 7 F F S
(EXHIBIT 21
46. If YOU ~ r e diagnosed with any pulmonary disease(~) and contend it is relate in
any way to YOUR alleged exposure to ASBESTOS, state all facts upon wbich this contentio is
based.
47. If any of tbe members of YOUR immediate family (i.e., parents, siblings, chi1
and grandchildren) have ever been diagnosed with any respiratory irnpainnent, illness or
condition, identify each such PERSON, specifying:
a. The aaAne of that respiratory impairment (e.g., bronchitis, asthma,
pneumonia);
When that respiratory impairment first developed;
Whether that respiratory impairment is or has been treated by any
ren I physician ad, if so, the name and address of that physician; and
d. The d e t h e d cause of the respiratory impairment if known.
48. I f any members of YOUR immediate family (i.e., parents, siblings, children, ard
grandchildren) have been diagnosed with any form or cancer, identi5 each such PERSON,
specifying:
a. The nature and site of that cancer;
b. When that cancer first developed and/or was diagnosed; and
c. Whether it was determined that asbestos caused or contributed to the
49. If any mmber of YOUR immediate family (i.e., v t s , siblings, children and
grandchildren) died because of cancer or a pulmonary condition or has ever been diagnosed w
cancer or a pulmonary disease, state the following for each such PERSON:
a x e l
th
a. The nature of hidher illness andlor diagnosis if know to "You.";
b. H i d e r name and relationship to you;
c. Hidher age at the time of death and the cause of death, if h m said il . 50. If YOU contend that YOU have incurred any injuries as n result of exposure to
ASBESTOS, describe separately and in complete detail each and every complaint, symptm,
contend resulted from exposure. Include in YOUR answer:
-22-
LAOSD STANDARD BANKRUPTCY NERROGATORR(E TO PLAINTUTS [EXHIBlT 21
1 adverse reaction or other in&ry (hereinafter collectively r e f m d to as "symptom") which YO
I I
The dale, or if unknown, YOUR best approximation of the date n
which YOU first began exhibiting each symptom;
Tbe progression, if any, of each symptom;
The date each symptom ceased to aEect you;
I The name, address and telephone number of each physician to whom &h
I sympfom was reported, together with the date each symptom was repo ; It" What each physician told YOU was the cause of each symptom, togeth r
with the date YOU were told this;
YOU for the symptom;
t The names, addresses and telephone numbers of each physician who tr tei I The names, addresses, and phone numbers of each physician subsequ tly el flmning or contradicting any diagnosis as to the cause of each sympto ;
Whether YOU have ever lost any time frqm work as a result of any suc t P
14
I5
16
17
18
care providers who indicated that other factors or reasons could be
involved;
What you were told by that person, and
The dates that person told YOU that he/she believed or suspected
Symptom;
Whether any such symptom ever precluded or hindered YOU from
pedonning YOUR regular occupation or JOB duties.
5 1. If YOU have ever been told by a physician or other health care provider that
YOUR complaints, symptoms, adverse reactions or injuries described in the preceding
19
20
21
that other factors or reasons might be involved.
Interrogatory may have been caused by factors other than exposure to ASBESTOS (including, but
not limited to, smoking), state:
a The names, addresses and telephone numbers of any physicians or heal i
-23- i LAOSD STANDARD BANKRUPTCY INT'ERROGATORIES TO
[EXHIBTC 21
3 at any time and said records have not been produced to Defendant(s) , please state: I I
1
2
a. The author of said report and, if applicable, the address of the medical
office or institution on behalf of whom the report was prepared;
b. The date of said report;
c. The subject matter of said repart;
d. The name, JOB title, address and present whereabouts of the PERSON bho I
52. If YOU or YOUR attorney have any medical reports from any PERSONS,
hospitals, doctors or medical practitioners or institutions that have ever treated or examined Y U P
has present custody or control thereof. I SMOKING HISTORY
53. If YOU have ever used tobacco products of any typc, state fully and in detail: I a. The type of tobacco product YOU have used;
b. The daily frequency with which YOU smoke or have smoked;
c. The dates and time periods during which YOU have smoked;
d. For any time period during which YOU ceased using tobacco
products, YOUR reasons for stopping;
For any time period that YOU commenced using tobacco produck after'
a period of having stopped, YOUR reasons for beginning again;
f If YOU have smoked cigarettes, state the brand name and the average I number of packs smoked per day for each year YOU have smoked, whether
I they were filtered or unfiltered , together with the inclusive dates YOU ave
smoked cigarettes (e.g., Luck y Strikes; one pack per day between 193
and 193 1, two packs per 'day between 193 1 and 1 960;
19301 960);
g. If YOU have ever been advised by any physician to stop smoking or to
1 using other tobacco products and, if so, the date and the name and a d 9 s
I/ [EXHIBIT 21
28
-24 - LAOSD STANDARD BANKRUPTCY INTERROGATORIS TO PlAINTlFFS I
of each physician who gave any such advice, and whether YOU follow
such advice;
h If YOU have ever been advised by any physician that YOU developed
any illness, disease or physical condition as a result of smoking or the I
other tobacco products, state the date; the illness, disease or condition ;
the name and address of each physician who gave such advice.
54. Are YOU aware of the United States Surgeon General's warning placed on all
cigarette packages and advertisements?
a. If so, please state when YOU became aware of the warning and whethe
not YOU have ever read said warning;
\? Subsequent to becoming aware of, or reading said warning, have YOU
smoked;
c. Cigarettes; or
d. Other tobacco products.
XIIL DAMAGES
55. State the total medical expenses, including hospital expenses, which YOU hav
incurred, or which has been incurred on YOUR behalf, to date, as a result of the injuries,
complaints, etc., which YOU attribute to YOUR alleged exposure to ASBESTOS, itemizing t
such charge.
56. If any PERSON has contributed any money, goods, services or benefits of any
kind, during the previous ten years for the support of either yourself or YOUR spouse, identif
each such PERSON, and, in addition, state:
a. Their relationship to you;
b. The nature and amount of any money, goods, services or benefits
contributed to the support of YOU or YOUR spouse, together with datc
which or during which such support was received.
-25-
LAOSD STANDARD BANKRUIT'CY lNTERROGATONES 'ID PLAIN[IFFS
57. If any insurance company, union, or otha PERSON, firm or corporation has qaid
for or reimbursed YOU or anyone on YOUR behalf for, or has become obligated to pay for o I 7 reimburse YOU or anyone on YOUR behalf for, any medical or hospital expense incurred by
alleged exposure to ASBESTOS , or any disability or other benefits, loss of earnings, prop 9 damage or any other item, list such expenses, itemizing the dates i n c d , the nature of
expense, and the name and address of the insurance company, union PERSON, firm or
corporation who or which has paid or is obligated for the payment for, or reimbursement fo
said expenses.
58. If YOU claim YOU have lost wages or earnings as a result of YOUR alleged
qosure to ASBESTOS, state:
The amount of time lost fiom work or employment, together with the I date(s) involved and the name and address of the employer; I The gross amount of salary or earnings which YOU received from each I payday, stating the intervals of such paydays;
The gross amount of salary or earnings actually lost;
Of the total sum stated in response to subpart c of this interrogatory , th
amount that would be YOUR net takehome pay after deduction of taxe
and all other authorized deductions; t If self-employed , state the total time lost h r n business, listing the datd
involved and the gross financial loss to you, stating the nature of such 1 ss 4 and how incurred ; and
of the total sum stated in response to subpan e of this interrogatory,
the amount that would be YOUR net loss after deduction of taxes.
59. If YOU claim any damages for pain and suffering, state:
a. The amount of damages so claimed;
b. The extent, duration, intensity and nature of the pain and suffering;
c. The specific cause of such pain and suffering;
-26-
LAOSD STANDARD BANKRUPTCY ~ O O A T O R I E S TO PLAINTIFFS m r r 21
The treatment, if any, prescribed for relief of such pain and suffering
and the name and address of each PERSON prescribing such treatmen
All drugs used for the relief of pain or other symptoms of the diseases
alleged, specifically identifying the precise name of the drug, precise'
quantity prescribed for each dose and the number of doses or applicati
all such drugs;
60. If YOU are receiving any form of disability pension, state from whom it is
eceived, the amount received on a weekly, monthly, or yearly basis, and the length of time a
which YOU will continue to receive this w o n .
61. 1 f YOU claim that in. lrries YOU have sustained fiom ASBESTOS exposure h
imited or adversely affected YOUR occupation or non-occupaiional lifestyle and activities,
he nature of the limitation or change, when it began, and how it has progressed.
62. If any children, relatives or other PERSONS are financially dependent upon y
~nd you are claiming emotional damages because of concern for surviving dependents, then :
with respect to each such PERSON:
a. Hisher full name and present residence address,
b. Hiher relationship to YOU and degree of financial dependency upon
You;
The amounls contributed h m all sources to M e r support during the
five years preceding YOUR responses to these interrogatories; and
The last year when you provided any type of support to himher.
W. PRIOR AND SUBSEQUENT CLAIMS AND LITIGATION
63. If YOU have ever made a claim for personal injury or filed an action or proce
n any court or other forum related to personal injury, other than in the present matter , pleas
itate:
The nature of such injury or injuries;
The date whem such injury or injuries were sustained in each instance,
-27-
LAOSD STANDARD BANKRUPTYSY INIERROGATORIES TO PMNTIWS EXHlBlT 21
place of occurrence and the nature of the inciden? or accident causing 1
injury;
The court in which the claim or action was filed and case number,
The names and addresses of a11 PERSONS and companies to whom sa
claims were made;
e. The present status of such claims @ending, settled, dismissed, etc.).
64. If YOU have ever filed a claim in order to receive benefit s from either F.E.L.
;.E.C.k, L.H.W.C.A. or the State of California (or any other state) Wol-kers' Compensation
or an occupational injury, including, but not limited to, one arising out of exposure to
LSBESTOS, for each claim state:
a, The date the claim was filed;
The basis for the claim;
The county or state in i n c h the claim was filed and claim numk,
The organization to whom the claim was presented;
The present status of the claim;
The amount of any benefit received; and
The date YOU firsl received such benefits.
N. INSURANCE
65. Identifl all of YOUR health, accident and disability insurance policies and m
bther policies that provided coverage for health related conditions. As to each, state fuily and
66. If YOU have ever at any time made a claim for or received any health or accic
nsurance benefits, worker's compensation payment , disability benefits, pensions , accident
lompensation payments or veteran's disability compensation awards, state for each claim:
a. The circumstances under which YOU made the ciaim for benefits, aw
or payments;
The illness, injury or injuries for which YOU made the claim for benei
awards or payments;
--
LAOSD STANDARD BANKRUPTCY MrERROGATORLES TO PLAMTIPFS
The mme and address of YOUR employer(s) at the time of the inj
illness for which YOU made the claim;
The name and address of the examining dodor(s) for each injury
The name and address of the superiors, officers, boards or tribunals
before which or to whom the claim as made or filed, and the date
as made or filed;
The identity of the agencies or insurance companies from whom YOU
received the awards, benefits or payments.
67. Are YOU now, or have you ever, received Medicare Benefits? If so, pl
a. Whetha YOU are currently enrolled in Medicare:
b. If YOU are not a~rrently enrolled in Medicare, whether YOU have
previously been enrolied;
The dates on which YOUR current Medicare enrollment began;
The dates on which any prior Medicrue enrollment was in piace;
YOUR current and/or former Medicare number(s);
XM. BANKRUPTCY TRUST CLAIM
68. Have YOU or YOUR representative filed any claim against any trust estab ' ox I
approved in accordance with the asbestos trust and channeling provisions of the US. Banbwp cy
Code, 1 1 U.S.C. 3 524(g).(h) ( h s e i m f h "TRUST)? If so, provide the following
information:
a. IDENITFY each Trust, by name and address, to which a claim has been
fded or submitted by YOU or for YOUR behalf;
I The date on which each claim was submitted; a
IDENTIFY all DOCUMENTS submitted to any TRUST or TRUSTEE
including, but not limited to, proof of claim forms, ballots, all documen
filed, lodged and/or submitted on or after January 1,201 5 pursuant to R e
201 9 of the Federal Rules of Bankruptcy Procedure , individual review t I I -29-
LAOSD STANDARD BANKRWICY NJERROGATORIFS TO PLANIlFFS 1
claims, discounted cash payment claims, expedited review claims,
diagnosing reports, work history reports/sumrnaries, medical history
reports/&es, chest X-Rays, CT Scans, Pulmonary Function
testdreports, Pathology Reports, Dependent and Beneficiary
summaries/fonns, land exposure sumrnaries/history, shipboard expo
summarieshistory, litigation history forms, amendments and supplem&ts I I
to any such documents and any other forms or documents that list,
evidence, reflect, embody, or demonstrate the asbestos-containing prod
to which you were allegedly exposed or the disease or medical
which you submitted a claim;
d. IDENTIFY al l documents received fiom any TRUST, including but no
limited to, release letters, deficiency letters, status letters, hold letters,
letters, claims resolution procedure documents, trust distribution p -4- 1 documents, and any other correspondence fiom the trust, fund, or acco t ;
and
e. IDENTIFY the person who prepared andfor submitted the claim; t I
69. Describe the status of all claim submitted by YOU or someone on your
status of all claims submitted to any Trust on YOUR behalf, including but not limited
the claim has been accepted, denied, or is currently pending.
70. If you have not received any payments from one or more of the TRUSTS to ch 4 YOU have submitted a claim, state whether the TRUST has agreed to pay YOU on some future I
date, or whether payment is contingent upon some future event.
71. For ail payments any TRUST has agreed to make to YOU but that have not yet
been made, state when YOU expect to receive each payment, describe the
each payment YOU expect to receive and I D W Y all documents
agreements with the TRUST.
72. Please state whether payment of any settlement
have been deferred for any reason, including but not limited to, pending the outcome of any o er P -30- I
I
LAOSD STANDARD BANKRUPTCY INIERROGATORIES TO PLAINTIFFS
II [EXHIBIT 21
litigation, and if so, state the circumstances of the deferral and IDENTIFY all documents rela ' g
to the deferred payment. b.
I i
I
-31-
LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINTIFFS [EX~nnJ-r 21
I
Ceiling =les/Acoustical bplicationq
Defendants:
Blankets/Cloth
Defendants:
AutomobilelTb~lck Re&r (ie: brakes. clutches. mufflers)
Defendants:
Non-automotive Friction Products
Defendants:
Protative Eauiument
Defendants:
-32-
MOSD STANDARD BANKRUPTCY lNlERROGATORIES TO PLAINTIFFS EXHIBIT 21
I
p a i n t
Defendants: rn d
Asbestos FiberIFiber Product
Defendants:
Phenolic Resins
Defendants:
DrywalVJoint & Ta~ing Comwunds
Defendants;
Fire~roofinq
Defendants:
-33-
LAOSD STANDARD BANKRUPTCY INTERROGATORIES 'ro PLAINTIFFS pxmn 21
Floor TilelFloorinp. and Deckigg Materials
Defendants:
Wire/Cable/Electrical Productg
Defendants:
Insulationflnsulating Materials ,
Defendants:
Construction - Commercial
Defendants:
Construction - Industrial
Defendants:
Construction - Residential
Defendants:
Packin~/G~skets/Ro~e
Dehdants: -
Mechanical F~uipment tie.: oumDs. valves. compressors. generators, boilers. turbines)
Defendants:
• AC (i.e.: chillers. heaters. coolers. furnaces)
Defendants:
Refractor, Malerials
Defendants :
-35-
LAOSD S T N A R D BANKRUPTCY INTERKOCATORIES TO P L A W I m [EXHIBIT 21
SheetmetaUDuct Wor
Defendants: _I
*!hf& Defendants:
Stucco/Plsster
Defendants: I
Asbestos Cement Products (vim. board. sidind
Defendants:
LonnshoremedDock Workers
Defendants:
-36-
W S D STANDARD BANKRUPTCY JNTERROOAMRLES TO PLAINTIFFS ~XHIBIT 21
I
I
Grindinn and Toolian Mac-
Defendants:
MastidResin Ex-
Defendants:
Aimaft
Defendants:
Maritime
Dehdants:
I I -, I
LAOSD STANDARD BANKRUPTCY MTERROGATORIES TO PLAINTIFFS I
PlumbinalPiDefitting
Defendants:
O t h e r
Defendants:
Defendants:
O t h e r I Defendants:
O t h e r ! Defendants:
1
-38-
LAOSD STANDAN) BANKRUPTCY lNTERR0GAK)RIES TO PLAlNTlFFS [EXITIBIT 21
EXHIBIT 2 1
2
3
4
5
6
7
8
9
10
11
12
13
14
I5
16
17
18
19
20
21
22
23
24
25
26
27
28
[Plaintig/Decedent Work Histo'y andor other jobsites at issue]
-40- LAOSD STANDARD BANKRUPTCY INTERROGATORIES TO PLAINTIFFS
[rnH(BIT 21
EXHIBIT 3
AUTHORIZATION FOR RELEASE OF RECOFUIS OF ASBESTOS BANKRUPTCY TRUSTS' AND CLAIMS RESOLUTION FACILITIES
CALIFORNIA SUPERIOR COURT CITY A N D COUNTY OF LOS ANGELES
To All Asbestos Bankruptcy Trusts and Claims Resolution Facilities (collectively "TRUST"):
Re: Name of ClaimantIHolder of Claim:
Social Security No.:
Date of Birth:
1, [Name of Plaintiff], hereby authorize the TRUST to release to and/or permit inspection and copying by
[Name of Defense Copy Service Provider] or their representatives, any and all documents or information in the TRUST'S possession, custody or control relating to the foregoing trust claim, including but not limited to the following:
(1) Any and all documents2 or information that have been submitted or communicated to the TRUST by the holder of the claim or any representative on his or her behalf, via any method of delivery or communication, whether electronic, facsimile, mail, personal service or otherwise, including but not limited to: death certificate; certificates of official capacity and other representative information; expedited, individualized, extraordinary, secondary, foreign or other proof of claim forms; discounted cash payment claims information; diagnosing reports and any statement by a physician relating to diagnosis or latency; asbestos exposure history reports/summaries or any other documents evidencing the claimant's/injured's alleged exposure to asbestos; work history reports/summaries or any other documents evidencing the claimant's/injured's work history; smoking history records or any other documents concerning the claimantYs/injured's exposure to direct, secondhand or sidestream smoke; work or military records; invoices; medical reports/summaries or any other documents
' Asbestos Bankruptcy Trust means and includes any entity or agent established for or related to the purpose of compensating asbestos claimants on behalf of a specific company, including but not limited to a hust established or approved in accordance with the asbestos trust and channeling provisions of the U.S. Bankruptcy Code, 11 U.S.C. 8 524(g)-(h), a claims handling facility or agent of such a trust, or any Court supervising the bankruptcy of any company caused in part by asbestos liabilities.
"Documents," as used in this Authorization, means and includes "writings" as defined in California Evidence Code section 250 and is used in its broadest sense. California Evidence Code section 250 provides: "Writings means handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing, any form of communication or representation, including letters, words, pictures, sounds, or s bols, or colnbinations thereof. and any record thereby created, regardless of the manner in vj I" ich the record has been stored.
evidencing the claimant's/injured's medical condition(s); medical expenditurek~illing information; affidavits or any other sworn and unswom statements of claimed exposure of the injured party, family members, co-workers or others; sworn and unsworn statements, interrogatory answers, sworn and unsworn work history, or deposition transcripts submitted from any other asbestos related litigation; workers' compensation or disability claims or proceedings; economic reports; W-2 or other documentation of claimed economic loss; any information or documentation submitted in response to any TRUST deficiency notice(s); any information submitted in connection with any binding or non-binding arbitration proceeding with the TRUST; and any records or information obtained or provided relating to this TRUST claim by any other Asbestos Bankruptcy TRUST. This authorization shall be interpreted to include any and all claims, proofs of claim, amendments or supplements, and claims or submissions whether they are incomplete, deferred, unsiped, or subsequently withdrawn, or ~ ~ ~ ~ o r a f t s ~ ~ ~ ~ t ~ ~ i o n , ~ d - d l k o m m ~ n i c - a u ~ n s T e K t e h thereto;
(2) Any and all documents, communications or other information conveyed by the TRUST relating to the foregoing claim, including all such documents, communications, or other information conveyed to the holder of the claim or any of his or her attorneys or representatives, including but not limited to, release letters, deficiency letters, status letters, hold letters, denial letters, and any other correspondence from the TRUST; and
(3) Any and all documents or information relating to any and all offers or payments made on the foregoing claim by the TRUST.
This document should be construed by the TRUST as full authorization to release all records concerning the foregoing claim, consistent with the TRUST'S "Distribution Procedures," or any other similar procedures concerning the release of records, and the Trustees are hereby fully released from any complaint the undersigned might otherwise have had for failing to maintain the confidentiality of said materials.
A photocopy of this authorization shall be valid as the original.
This authorization is effective immediately and shall remain in effect for five (5) years.
I understand that 1 have a right to receive a copy of this authorization upon request.
I T W ~ ~ d & ~ & o f t b km&orizeetbyl;os An@&i SipFrior Court. No alteration of or deletion to this form may be made by plaintiff or plaintiffs attorney without order of the Los Angeles County Superior Court on noticed motion.
Date: Plaintiff
Print Name
EXHIBIT B
In the Matter Of:
BANKRUPTCY HEARING
May 12,2015
Court Reporters, Videography, Trial Preparation
Videoconference Center
Oakland San Franckco San Jose Los Angeles
877.451.1 580
www.ai kenwkh.com
LAOSD ASBESTOS CASES: DEFENSE DISCOVERY COMMITEE BRIEF
r
-.
HON. EMXLIE H. ELIAS
REPORTER'S TRANSCRIPT OF PROCEEDINGS
TUESDAY, MAY 12, 2015
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANCIELES
DEPARTMENT 32 4
Coordinated Proceeding 1 1
Special title (Rule 3.550) 1 )
)No. JCCP4674 1
APPEARANCES :
WATERS KRAUS 6 PAUL, U P BY: MICHAEL L. ARMITAGE, ESQ. 222 N. Sepulveda Blvd., Suite 1900 El Segundo, California 90245 Telephone: (310) 414-8146 email: [email protected]
KAZAN, McCLAIN, SATTERLEY & GREENWOOD BY: TED W. PELLETIER, ESQ. 55 Harrison Street, Suite 400 Oakland, California 94607 Telephone: (510) 302-1000 email:[email protected]
PERKINS COIE, U P BY: BO KIM, ESQ. 1888 Century Park East, Suite 1700 Los Angeles, California 90067 Telephone : (310) 788-3255 email: [email protected]
Page 2
WATERS -US & PAUL, LLP BY: JOHN S. JANOFSKY, ESQ. 222 N. Sepulveda Blvd, Suite 1900 El Segundo, California 90245 Telephone: (310) 414-8146 email: [email protected]
LKP GLOBAL LAW, LLP BY: CHRISTOPHER M. STEVENS, ESQ. 1901 Avenue of the Stars, Suite 480 Los Angeles, California 90067 Telephone: (424) 239-1890 email: [email protected]
PJALSWORTH WFBM, LLP BY: TINA VAN DAM, ESQ. One City Boulevard West, Fifth Floor Orange, California 92868 Telephone: (714) 634-2522 email: [email protected]
REPORTED BY:
KELLER, FISHBACK 6 JACKSON LLP BY: STEPHEN M. FISHBACK, ESQ. 28720 Canwood Street, Suite 200 Agoura Hills, California 91301 Telephone: (818) 342-7442 email: [email protected]
POLSINELLI BY: STEPHEN M. NICHOLS, ESQ. 2049 Century Park East, Suite 2300 Los Angeles, California 90067 Telephone: (310) 203-5311 eunail: [email protected]
Nancy Jo Hutch, CSR No. 13732 Official Reporter Pro Tempore
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(Proceedings cammenced at 10 : 05 a. m . ) THE COURT: Here we are back on this. I'll make
my record again. And that is that you have liaisons from
the plaintiff and defense. You have selected your own
liaisons. I have no part of selecting who the liaisons are
going to be. No one has told me that the people who are
liaisons are no longer the liaisons. I sent out the
order. I got a request to set up a conference to have a
hearing on it. I got a phone call from the liaison, and
all we did with it was set up this hearing.
Now, Mr. Fishback, say what you want to say.
MR. FISHBACK: Thank you, Your Honor. Steven
Fishback; Keller, Fishback and Jackson. The concern I
have, I'm actually on the liaison codttee, so I don't
know where the disconnect was or why notice wasn't sent
out or why it wasn't given or how it was given or how it
came about that somebody asked for a phone call or a
hearing and it ended up being a phone call. I don't know
any of that information. So I know nothing about what
happened or how -- the genesis of this. THE COURT: Mr. Fishback, I just told you the
genesis. If you have an objection or complaint about your
liaisons, the way they're doing things, please talk to
them because all I can do is rely on them to do what
they're supposed to be doing and representing -- being a representative of your groups. So if you have a beef with
the plaintiff's liaison, I suggest you talk to them.
MR. FISHBACK: Okay. Irrespective of what
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Page 4
concerns I may have with that, it doesn't distort or
dispel the idea that in fact there was a proceeding held,
there was a conversation had, there was something decided.
And what my real concern is that we had an order, and
I understand the Court issued its order after
consideration and briefing, et cetera, and that now we're
back here on some additional something that came about as
a result of no notice or an ex-parte notice or discussion
with the Court informally in some way. That's as much as
I can glean from it, and that's all that I know. And so
in that regard, that's the genesis of my objection.
THE COURT: And there is no -- there was no discussion. The discussion was to have a date. We're
here. And again, if you have a problem, if you want to
make a new list or your group wants to break up and not
have liaisons any more, just tell me. I just rely on when
people call and they're liaisons -- I know Mr. Rosen was on the call. Who all was on the call?
MR. PELLETIER: I was, Your Honor. Ted
Pelletier.
MR. STEVENS: Christopher Stevens.
THE COURT: More than that. Yes.
MS. VAN DAM: Tina Van Dam.
MR. KIM: Bo Kim, Your Honor.
THE COURT: Okay. So now there was an objection
being made, actually by the plaintiffs, originally by the
Kazan firm about the wording of the interrogatories. Then
there was an objection. There was another comment on
877.451.1580 www. aiken welch. corn BANKRUPTCYHEARING 05/12/2015
- Page 5
t h a t .
The problem appears t o be, t ha t looking a t t h i s , I ' m
looking a t what you a l l say, is tha t you don ' t want t o
have t o go through your f i l e s and f ind a l l the things t h a t
appear t o be what your complaint is about. The Kazan f i r m
is the one who did the most about t h i s . That seems t o be
your problem. Is t h a t correct?
MR. PELLETIER: That 's correct . That was the
concern t h a t I expressed i n my letter of March 20th i n the
comment -- THE COURT: L e t ' s see. I t ' s not a letter. It
was something f i l e d .
MR. PELLETIER: Correct. It was a letter -- TIiE COURT: L e t ' s be clear . You did not w r i t e m e
a letter.
MR. PELLETIER: No, Your Honor. I f i l e d a
formal -- a t the request of t h i s Court, I f i l e d a formal
comment within the comment period about what I and my firm
and others I spoke t o saw as a potent ia l construction of
the new bankruptcy CMO and interrogator ies and what I
saw -- w e saw as a potent ia l s o r t of unfa i r and
unnecessary problem t h a t that created. That was the
purpose of the comment, was t o ask the Court t o perhaps
address t h a t . THE COURT: Okay. And the defense's comment i s
t h a t you and your attorney a r e -- i t ' s the way a l l other
interrogator ies a r e written.
MR. NICHOLS: I t 's jus t a l i t t l e broader than
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Page
t h a t . We w e r e j u s t concerned t h a t the exception you made
t h e r e lowers t h e burden on t h a t ins tance , completely
con t ra ry t o a l l of t h e discovery, and the burden on I and
everybody else.
THE COURT: So how would you word it s o t h a t
i t ' s made c l e a r t h a t they do n o t have t o search a l l t h e i r
o l d f i l e s ? They do n o t -- I had no expecta t ion of anybody
going back t e n years and saying, wow, i n t h i s case t e n
yea r s ago w e had t h a t . Having s a i d t h a t , probably
everybody else keeps a f i le that is more coordinated, b u t
how do I make it clear that was no t any expecta t ion , t h a t
they have t o go back and search a l l t h e i r o l d f i l e s ?
MR. NICHOLS: Your Honor, by maintaining t h e
s t a t u s quo. Tha t ' s the law. B i l e s vs . Exxon case says
t h a t , and w e know t h a t . We could come up w i t h a m i l l i o n
d i f f e r e n t ins tances and try t o c r e a t e foo tno tes and
except ions , b u t t h e burden t h a t ' s imposed on a l l counsel
i s one of good f a i t h . I t ' s governed by t h e Rules of
P ro fess iona l Conduct, and i t ' s embodied i n some of t h e
case law that 's been c i t e d t o you.
They d o n ' t have t h a t burden. W e d o n ' t suggest t h a t
they do; b u t i f you c r e a t e a s p e c i f i c exception, and
t h a t ' s t h e only exception, then w e run i n t o problems down
t h e l i n e of o t h e r s i t u a t i o n s t h a t come up t h a t should be
excepted. If you maintain t h e s t a t u s quo, and they have
t h e o b l i g a t i o n , defense counsel , p l a i n t i f f ' s counsel have
i n responding t o everything, w e know looking a t the case
law they d o n ' t have that burden. I t ' s a s t raw man
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argument.
THE COURT: Well, I think it should be
consistent with other interrogatories, but you have -- especially to me, you have a specialized situation in
these asbestos cases because you all do so many of them
that it really would be -- it's not like -- I think it has to be made clear that nobody's expected to go search all
their old files because you all probably have hundreds of
these files. And so it needs to be made clear that that's
not what's being expected of them. So I don't know how
you thought that could be worded.
Thinking it over and looking at all the samples and
different interrogatories, it appears "you1' and "yours1*
should be in there, but I understand that. I'm not going
to create a burden that goes back twenty years.
MR. NICHOLS: Your Honor, if we're trying to
carve out that individual issue -- THE COURT: That appears to be -- the reason I'm
saying that it appears to be the only issue, that appears
to be the only issue that's there's no problem changing,
and they can and make that clear. But that's not what's
expected, unless the defense is expecting that. But I
don't think they are.
MR. NICHOLS: And you're considering adding
language to the effect that this does not require
plaintiff's counsel to go through other unrelated files to
search for information.
THE COURT: That would be okay. I would even be
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Page 8
willing to limit it to files older than several years. I
don't think -- I don't want to -- I can see this happening now. Somebody gets something in January, and the same
issue comes up in April on another case. Somebody's going
to remember that that information -- I think that's -- I think we can expect soanebody, if they knew about it in
January, to remember it in April. But I don't think going
back two years, three years on any file -- I can see cutting it off there.
New lawyers come in. I mean, that's a giant burden to
tell a firm that you have to go back and you get a new
lawyer and have -- that lawyer has the obligation to go back through all the old files and search for that
information.
MR. NICHOLS: And I think that's why trying to
carve out an exception becomes a slippery slope because
where do we draw the date and so forth. And again, I
suggest to the Court that the law is clear, and the
responsibilities are defined. If plaintiffs feel that
there's too much of a burden, they can object. There can
be a motion to compel. They can require a protective
order. I mean, we have those kinds of remedies in extreme
situations, but we're not going to know what the problem
is until we're there. And that's why, at the outset,
plaintiff should have the same burden to respond to
discovery as we all do.
THE COURT: What do the rest of you
plaintiffs -- you hear where I am going. What do you
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Page 9
think?
MR. ARMITAGE: On behalf -- Mike Armitage on
behalf of Waters, Kraus and Paul. W e think the
def in i t ion -- t h e r e ' s no dispute. Everyone i n the room
agrees t h a t B i l e s does not require p l a i n t i f f s o r any party
t o search through other unrelated f i l e s i n t h e i r o f f i ce ,
and w e think the de f in i t i on should include tha t . We think
w e should work on some language which -- THE COURT: L e t ' s work it out r i g h t now, and
t h a t order w i l l get changed, and it w i l l be done. So I am
happy t o make a -- you don ' t have t o go back longer than a
year. There should be something -- w e r e a l l y shouldn' t be
ab le t o ge t something i n January and then not f i n d it
again i n April.
MR. ARMITAGE: The problem w e have with tha t ,
Your Honor, i s t h a t i n B i l e s t he re ' s no temporal
requirement. It simply says you don ' t have t o search
other f i l e s i n your of f ice . I mean, our o f f i ce is one
s i ze . I t ' s a reasonable s i ze . There a r e other f i r m s t h a t
a r e much bigger. For them to search a l l of t h e i r f i l e s
f o r one year, t h a t could be a l o t ; and a l s o , t h a t would
then run afoul of the B i l e s requirement, which everyone
agrees, comes i n t o play here.
MR. PELLETIER: I f I might -- THE COURT: The reason -- j u s t explain why --
the reason t h a t I would l i k e t o c l a r i f y it i n the order as
opposed t o j u s t re lying on a published case, I d o n ' t
remember what year it is , t h a t case -- i t jus t seems
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Page 10
easier t o j u s t come up with some language and p u t it i n
t h i s one and be done w i t h it. I th ink t h a t ' s -- everybody's okay?
MR. ARMITAGE: A s f a r a s Waters, Kraus and Paul
i s concerned, the i n i t i a l language t h a t M r . Nichols j u s t
mentioned, t h e r e ' s no need t o go through unre la ted fi les
t o search f o r th ings . Tha t ' s language t h a t would b e
acceptable t o us; something along those l i n e s .
THE COURT: Then we'd go back. Then it would be
back t o the o r i g i n a l wording with t h a t add i t ion . The
order would go back t o the o r i g i n a l .
MR. NICHOLS: Y e s .
MR. PELLETIER: I ' m j u s t adding t o t h a t . I a l s o
would agree -- and I agree with t h a t language. There i s
no need t o p u t s o r t of a time frame on it because what
w e ' r e t a l k i n g about i s the d i s t i n c t i o n between t h i n g s t h a t
are known a t t h e time t o e i t h e r t h e p l a i n t i f f o r h i s
counsel o r h i s r ep resen ta t ives , and t h a t would encompass
t h e s i t u a t i o n , a s you s a i d , a month o r two ago. What
w e ' r e t a l k i n g about, th ings a r e n ' t known t o them, b u t
r a t h e r within t h e f i l e s . Tha t ' s t h e d i s t i n c t i o n . So i f
w e need it, leave it no search through f i les , t h a t would
cover i t .
THE COURT: Okay. Does anybody else have any
comment on t h a t , on t h a t so lu t ion? Nobody seems t o -- a l l
r i g h t . Nobody has one s o -- MR. FISHBACK: Steve Fishback. I d o n ' t want my
s i l e n c e t o b e -- you s a i d this w a s t he only i s s u e earlier.
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It seems to be the only issue lef t , and I don ' t want t h a t
t o be construed a s I believe t h a t is not the only i s sue ,
and I continue my -- preserve my objection t o the en t i r e ty
of the recent CMO regarding bankruptcy claims.
THE COURT: Okay.
MR. CHEW: Good morning, Your Honor. Andrew
Chew on behalf of p l a i n t i f f s . I would join i n t he -- my
understanding from you is tha t the only i s sue up t o today
is with regard t o the def in i t ion of "you" and "your."
THE COURT: Y e s .
MR. CHEW: I don ' t want t o waive -- I don ' t want
t he record t o appear I ' m waiving my r igh t s with regard t o
the rest of t h e CMO.
THE COURT: You're not waiving any r igh t s . I
don ' t know what r i g h t s you have.
MR. CHEW: Waiving any objections t o the
p r i o r -- THE COURT: You are not saying you're not happy
with it. That ' s correct . So I d o n ' t know. Who has a
copy of i t ? Who wants t o submit it with t h a t language i n
i t ? I ' l l ce r t a in ly pos t it fo r everybody, and then I
w i l l -- what I am going t o do i s no t do an amendment t o
the current order, r a the r it w i l l a l l be i n one document.
/ So 1 can j u s t say revised, and the whole thing would be
pu t together.
MR. NICHOLS: I believe w e have tha t . I w i l l
submit it w i t h t h e proposed language.
THE COURT: And send it out t o everybody here
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Page 12
and give them t o -- f ive days to w r i t e i n and say they ' r e
not happy w i t h it.
MR. ARMITAGE: What w o u l d be the effective date
of the order, o r t h e n e w de f in i t i on , i f there is a n e w
d e f i n i t i o n ? I n o ther w o r d s --
THE COURT: D o e s -- l e t ' s put it this w a y . H a s
anybody ever done -- w e ' v e had this about three w e e k s .
H a s this b e c o m e an i s s u e on any cases tha t w e have now?
MR. NICHOLS: I doubt anybody's c o m e back t o
look a t files.
THE COURT: I ' m j u s t going t o make it
retroactive back t o A p r i l 7th. W e ' l l m a k e it effective
today. L e t ' s make it effective today. If you can get it
t o m e by t o m o r r o w , t h a t w i l l t a k e a w a y everybody's
responsibili t ies. N o b o d y ' s done it ye t . D o n ' t do it.
MR. ARMITAGE: T h e d e f i n i t i o n of "you" and
"your" w i l l be effective as of today's date, May 1 2 , 2 0 1 5 ?
THE COURT: Y e s , and the other one w i l l be
effective, also, the m o d i f i c a t i o n . P u t on it revised M a y
12th. I ' l l j u s t sign it -- I ' l l sign it on the 13th ,
revised as of May 1 2 t h . Y e s .
MR. STEVENS: I k n o w you ' re saying n o w you ' re
going t o s ign it t o m o r r o w . You w a n t it circulated t o the
l i a i son group so they can take a look a t it f o r a couple
of days?
THE COURT: D o n ' t put an effective date on it.
I ' l l put it effective the date I sign it.
MR. NICHOLS: T h a t ' s f i n e .
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Page 13
THE COURT: Meanwhile, nobody go search your old
f i l e s now. Anything else? We're a l l s e t .
* * * (Proceedings concluded a t 10:15 a.m.)
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Page 14
H O N . EMILIE H. ELIAS
Nancy J o Hutch, CSR No. 13732 C o u r t Repor~er
4
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
DEPARTMENT 3 2 4
C o o r d i n a t e d P roceed ing 1 1
S p e c i a l title (Rule 3.550 I 1 1 )No. JCCP4674 1
-- 1
I, NANCY JO HUTCH, CSR No. 13732, o f f i c i a l
r e p o r t e r of t h e S u p e r i o r Cour t o f t h e S t a t e o f C a l i f o r n i a ,
f o r t h e County o f Los Ange les , do hereby c e r t i f y t h a t t h e
f o r e g o i n g pages , 1 t h r o u g h 1 4 , compr i se a f u l l , t r u e and
c o r r e c t t r a n s c r i p t of t h e p r o c e e d i n g s t a k e n i n t h e
a b o v e - e n t i t l e d cause on May 12, 2015
Dated t h i s 1 3 t h day of May, 2015.
580 w
t+VVKRUPTCY HEARING 0 5 ~ ~ 2 0 1 5 -
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28 POLSINELLI LLP
LO5 ANGELES
PROOF OF SERVICE THROUGH FILE & SERVEXPRESS
I, Michelle Moya, the undersigned, hereby declare as follows:
2. I am over the age of 18 years and am not a party to the within cause. I am employed by Polsinelli LLP in the city of Los Angeles, State of California.
3. My business address is 2049 Century Park East, Suite 2300, Los Angeles, California 90067.
4. On May 15,2015, I served a copy of the attached document titled exactly "PROPOSED ORDER FROM DEFENSE DISCOVERY COMMITTEE REGARDING THE DEFINITION OF "YOU" AND "YOUR" IN THE BANKRUPTCY TRUST FORM INTERROGATORIES' by:
------- - ------
-------- -
----
d Posting it directly on the File & ServeXpress website: -
I declare under penalty o f pe jury under the laws of the State of Califomia, that the foregoing is true and correct.
Executed May 15,201 5, at Los Angeles, California.
Michelle Moya Print Name
PROPOSED ORDER FROM DEFENSE DISCOVERY COMMIlTEE REGARDING THE DEFINITION OF YOU" AND "YOUR" IN THE BANKRUPTCY TRUST FORM INTERROGATORIES
1 i0394926.1
