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1 JULIE A. TORRES (SBN 80752)
Julie.Torres@wilsoneelser.com
2 GAYLE L. KETCHIE (SBN 322422) ELECTRONICALLY
3
Gayle.Ketchie@wilsoneelser.com F I L E D
WILSON, ELSER, MOSKOWITZ, Superior Court of California,
County of San Francisco
4 EDELMAN & DICKER LLP
525 Market Street, 17th Floor 10/22/2021
Clerk of the Court
5 San Francisco, California 94105 BY: YOLANDA TABO-RAMIREZ
Telephone: (415) 433-0990 Deputy Clerk
6 Facsimile: (415) 434-1370
7
Attorneys for Defendant
8 ANDERSON, ROWE & BUCKLEY, INC.
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SAN FRANCISCO
11
12 VALERI NISKANEN, as Successor-in- CASE NO. CGC-19-276813
Interest to and as Wrongful Death Heir of
13 BILLY JOE McCLARY, Deceased; and
VICTORIA BLAKE, TAMLYN ORTEGON, DEFENDANT ANDERSON, ROWE &
14 SUSAN FRENCH and STEVEN McCLARY, BUCKLEY, INC.’S SPECIAL
as Wrongful Death Heirs of BILLY JOE INTERROGATORIES TO VALERI
15 McCLARY, Deceased, NISKANEN, SET ONE
16 Plaintiffs, Action Filed: December 11, 2019
17 vs.
18 KELLY-MOORE PAINT COMPANY, INC.
et al.,
19
Defendants.
20
21 PROPOUNDING PARTY: DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.
22 RESPONDING PARTY: PLAINTIFF VALERI NISKANEN
23 SET NO: ONE (1)
24 TO PLAINTIFF VALERI NISKANEN AND TO HER COUNSEL OF RECORD:
25 Pursuant to Code of Civil Procedure § 2030.010, et seq., Defendant, ANDERSON,
26 ROWE & BUCKLEY, INC. requests that Plaintiff, VALERI NISKANEN, respond to the
27 following Special Interrogatories in writing, under oath, and in the time and manner prescribed
28 by the California Code of Civil Procedure. All responsive materials known to Plaintiff, her
1
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 attorneys, and her past and present agents must be produced to Wilson Elser Moskowitz
2 Edelman & Dicker LLP, 525 Market St. 17th Floor, San Francisco, CA, 94105.
3 DEFINITIONS
4 “YOU”, “YOUR” or “PLAINTIFF” refers to Plaintiff, VALERI NISKANEN, as well
5 as any and all present or former agents, employees, attorneys, investigators or representatives
6 acting on behalf of Plaintiff.
7 “ANDERSON, ROWE & BUCKLEY, INC.” or “DEFENDANT”, refers to Defendant,
8 “ANDERSON, ROWE & BUCKLEY, INC.”, or any person or entity acting on behalf of
9 ANDERSON, ROWE & BUCKLEY, INC. including directors, officers, employees, and agents.
10 “VALERI NISKANEN” refers to Plaintiff VALERI NISKANEN and includes all
11 present and former agents, employees, attorneys, investigators or representative’s action on
12 behalf of VALERI NISKANEN.
13 “ASBESTOS” or “ASBESTOS CONTAINING” refers to the naturally occurring
14 mineral, in any form, including, but not limited to: dust, fibers, particles, products, materials,
15 equipment or substances manufactured from or containing ASBESTOS fibers.
16 “RELATING TO” or “PERTAINING TO” herein, is used in the broadest sense to
17 include all non-privileged information reasonably calculated to lead to admissible discovery
18 including: embodying, concerning, constituting, comprising, reflecting, supporting, discussing,
19 referencing, evidencing, any legal or factual subject matter in question.
20 “IDENTIFY ALL PERSONS” as used herein, means provide all contact information
21 including, but not limited to, the names, addresses, and phone numbers of each person(s) (e.g.,
22
friend, brother, neighbor, coworker), current and former aliases, current and former residential
23
addresses, current and former business addresses, and current and former telephone numbers.
24
“DOCUMENT(S),” as used herein, has the broadest meaning possible, referring to and
25
encompassing, without limitation, the definitions of “writing” and “original” set forth in
26
27 Evidence Code §§ 250 and 255, as follows: “‘Writing’ means handwriting, typewriting,
28 printing, photo stating, photographing, photocopying, transmitting by electronic mail or
2
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
202410459v.1
1 facsimile, and every other means of recording upon any tangible thing, any form of
2 communication or representation, including letters, words, pictures, sounds, or symbols, or
3
combinations thereof, and any record thereby created, regardless of the manner in which the
4
record has been stored.” “‘Original’ means the writing itself or any counterpart intended to have
5
the same effect by a person executing or issuing it. An ‘original’ of a photograph includes the
6
negative or any print there from. If data is stored in a computer or similar device, any printout or
7
8 other output readable by sight, shown to reflect the data accurately, is an ‘original.’”
9 “IDENTIFY ALL DOCUMENTS” as used herein, means describe each document in
10 sufficient detail which includes, but is not limited to, identifying the type of document (e.g.,
11
letter, article, memorandum, invoice, report, e-mail), date, author or parties signatory, addressee
12
or recipients, number of pages, subject matter, name and address of each person who authored,
13
signed, initialed, received, examined, or otherwise participated in the DOCUMENT’S creation,
14
15 revision, and end use, who currently has possession of custody or control over a copy or the
16 original or any copy, date of production, date subsequent versions were produced, date of
17 distribution, the address of who currently has custody or control over a copy or the original of the
18 DOCUMENT and the like, and whatever else constitutes the most complete, accurate, and
19
truthful description of the DOCUMENT.
20
“ACTIVITY,” as used herein, refers without limitation to any action, deed, function, or
21
WORK PERFORMED, whether performed for an EMPLOYER or otherwise.
22
“EMPLOYER,” as used herein, refers to any person, business, or entity of any type,
23
without limitation, that pays another person a wage or salary.
24
“EXPOSED” and “EXPOSURE,” as used herein, refers without limitation to any
25
ACTIVITY or WORK PERFORMED that causes a person to inhale, touch, see, feel, or otherwise
26
be around or come into contact with any amount of any type of ASBESTOS.
27
“EXPOSED PERSON,” as used herein, refers to PLAINTIFF, BILLY JOE MCCLARY.
28
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DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 “FREQUENCY AND DURATION,” as used herein, refers to how often and how long a
2 particular ACTIVITY occurred and lasted. Provide the frequency in whichever manner is most
3 complete, accurate, and truthful, be that, as an example, “once per hour,” “twice per week,” “five
4 times per year,” or “almost never.” Provide the duration in whichever manner is most complete,
5 accurate, and truthful, be that, as an example, “five seconds,” “three minutes,” or “one hour.”
6 “IDENTIFY ALL DATES,” as used herein, means to provide the most complete,
7 accurate, precise, and truthful date as possible.
8 “IDENTIFY ALL LOCATIONS,” as used herein, means to produce a specific, factual,
9 and detailed description that provides the most precise, accurate, and readily identifiable
10 location(s) as possible. For example, that description may be an address, an intersection, or
11 whatever else constitutes the most complete, accurate, and truthful description of the location.
12 “IDENTIFY EACH ASBESTOS-CONTAINING PRODUCT,” as used herein, means
13 to produce as specific a description of each product and its packaging as possible, including
14 reference to brand names, manufacturers, logos, writings, lettering, typefaces, markings, model
15 numbers, texture, shape, patterns, color, size, weight, volume, warnings, instructions, inserts,
16 pamphlets, function, use, purpose, and the like, and whatever else constitutes the most complete,
17 accurate, and truthful description of the product.
18 “IDENTIFY THE WORK PERFORMED” and “IDENTIFY THE ACTIVITY,” as
19 used herein, mean to produce as specific a description of the WORK PERFORMED or ACTIVITY
20 as possible, including reference to what tools, materials, or equipment were used, what was being
21 accomplished, how that was being accomplished, what steps were taken, how many persons were
22 involved, what those persons were doing, who employed those persons, the identity of those
23 persons, whether it involved any ASBESTOS-CONTAINING PRODUCT, how it involved any
24 ASBESTOS-CONTAINING PRODUCT, what ASBESTOS-CONTAINING PRODUCT was
25 involved, and the like, and whatever else constitutes the most complete, accurate, and truthful
26 description of the WORK PERFORMED or ACTIVITY.
27 “IDENTIFY THE EXPOSED PERSON’S EMPLOYER,” as used herein, means to
28 provide the full corporate name, alternate names, former names, telephone number, and primary
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DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 address of the EMPLOYER(s) of the person you claim was EXPOSED by the referenced WORK
2 PERFORMED or ACTIVITY, and to state, if applicable, that the WORK PERFORMED or
3 ACTIVITY resulting in alleged the EXPOSURE was not performed for an EMPLOYER.
4 “NEGLIGENCE II” as used herein, is defined as YOUR Third Cause of Action for
5 “Negligence”.
6 “LOSS OF CONSORTIUM” as used herein is defined as YOUR Tenth Cause of Action
7 for “Loss of Consortium”.
8 “STATE ALL FACTS,” as used herein, means to provide as complete, accurate, precise,
9 and truthful description of all responsive information as possible, without limitation, including to
10 IDENTIFY ALL DATES, IDENTIFY ALL LOCATIONS, describe as well as YOU can the layout
11 of each location including its dimensions, IDENTIFY EACH ASBESTOS-CONTAINING
12 PRODUCT, IDENTIFY THE WORK PERFORMED, provide the distance of the person you
13 claim was EXPOSED from the WORK PERFORMED, provide the FREQUENCY AND
14 DURATION of the WORK PERFORMED, IDENTIFY THE ACTIVITY YOU allege EXPOSED
15 PLAINTIFF to ASBESTOS, and provide the FREQUENCY AND DURATION of the ACTIVITY
16 that YOU allege EXPOSED PLAINTIFF to ASBESTOS.
17 “WORK PERFORMED,” as used herein, refers to any construction, installation,
18 removal, repair, demolition, manufacturing, or maintenance activity performed by any individual
19 for any purpose, including any activity involving cutting, beveling, machining, chiseling,
20 tapping, sanding, smoothing, scraping, drilling, tearing, screwing, bolting, sawing, gluing,
21 assembling, leveling, compacting, extending, heating, burning, melting, cooling, freezing,
22 hammering, nailing, pounding, shooting, disturbing, fitting, fixing, finishing, inspecting,
23 supervising, directing, managing, controlling, providing instructions, wiring, threading,
24 measuring, hanging, mixing, pouring, scrubbing, cleaning, washing, spraying, blowing, drying,
25 sweeping, carrying, transporting, shoveling, raking, dusting, demolishing, deconstructing, tearing
26 down, tearing out, and the like, without limitation.
27 “ECONOMIC DAMAGES,” as used herein, is defined by Cal. Civil Code
28 §1431.2(b)(1), which provides that “the term ‘economic damages’ means objectively verifiable
5
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 monetary losses including medical expenses, loss of earnings, burial costs, loss of use of
2 property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of
3 employment and loss of business or employment opportunities.”
4 “NON-ECONOMIC DAMAGES,” as used herein, is defined in the Cal. Civil Code
5 §1431.2(b)(2), which provides that “the term ‘non-economic damages’ means subjective, non-
6 monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering,
7 emotional distress, loss of society and companionship, loss of consortium, injury to reputation
8 and humiliation.”
9 of society and companionship, loss of consortium, injury to reputation and humiliation.”
10 “THEORY OF LIABILITY,” as used herein, refers to any facts or allegations, without
11 limitation, that could support any legally cognizable cause of action or prayer for damages.
12 “PRODUCT DETAILS” as used herein, includes, but is not limited to: product name,
13 model, type, color, texture, size, weight, length, width, and material composition; any markings,
14 writings, or logos on the product; its application, use, and purpose; the equipment or system the
15 product was attached to or removed from; and the product’s approximate age.
16 All words and phrases not specially defined shall be given their normal and ordinary
17 definitions and usages.
18 SPECIAL INTERROGATORIES
19 SPECIAL INTERROGATORY NO. 1:
20 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to
21 YOU for NEGLIGENCE.
22 SPECIAL INTERROGATORY NO. 2:
23 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that
24 DEFENDANT is liable to YOU for NEGLIGENCE.
25 SPECIAL INTERROGATORY NO. 3:
26 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT
27 is liable to YOU for NEGLIGENCE.
28 SPECIAL INTERROGATORY NO. 4:
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DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to
2 YOU for LOSS OF CONSORTIUM.
3 SPECIAL INTERROGATORY NO. 5:
4 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that
5 DEFENDANT is liable to YOU for LOSS OF CONSORTIUM.
6 SPECIAL INTERROGATORY NO. 6:
7 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT
8 is liable to YOU for LOSS OF CONSORTIUM.
9 SPECIAL INTERROGATORY NO. 7:
10 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to
11 YOU for exemplary and/or punitive damages.
12 SPECIAL INTERROGATORY NO. 8:
13 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that
14 DEFENDANT is liable to YOU for exemplary and/or punitive damages.
15 SPECIAL INTERROGATORY NO. 9:
16 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT
17 is liable to YOU for exemplary and/or punitive damages.
18 SPECIAL INTERROGATORY NO. 10:
19 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to
20 YOU for ECONOMIC DAMAGES.
21 SPECIAL INTERROGATORY NO. 11:
22 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that
23 DEFENDANT is liable to YOU for ECONOMIC DAMAGES.
24 SPECIAL INTERROGATORY NO. 12:
25 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT
26 is liable to YOU for ECONOMIC DAMAGES.
27 SPECIAL INTERROGATORY NO. 13:
28 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to
7
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 YOU for NON-ECONOMIC DAMAGES.
2
3 SPECIAL INTERROGATORY NO. 14:
4 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that
5 DEFENDANT is liable to YOU for NON-ECONOMIC DAMAGES.
6 SPECIAL INTERROGATORY NO. 15:
7 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT
8 is liable to YOU for NON-ECONOMIC DAMAGES.
9 SPECIAL INTERROGATORY NO. 16:
10 If YOU contend DEFENDANT is liable to YOU under any THEORY OF LIABILITY not
11 otherwise addressed by these interrogatories, please STATE ALL FACTS supporting YOUR other
12 THEORY OF LIABILITY.
13 SPECIAL INTERROGATORY NO. 17:
14 If YOU contend DEFENDANT is liable to YOU under any THEORY OF LIABILITY not
15 otherwise addressed by these interrogatories, please IDENTIFY ALL PERSONS with any
16 knowledge supporting YOUR other THEORY OF LIABILITY.
17 SPECIAL INTERROGATORY NO. 18:
18 If YOU contend DEFENDANT is liable to YOU under any THEORY OF LIABILITY not
19 otherwise addressed by these interrogatories, please IDENTIFY ALL DOCUMENTS supporting
20 YOUR other THEORY OF LIABILITY.
21 SPECIAL INTERROGATORY NO. 19:
22 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from
23 products manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
24 BUCKLEY, INC., STATE ALL FACTS that support that contention.
25 SPECIAL INTERROGATORY NO. 20:
26 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from
27 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
28 BUCKLEY, INC., with respect to each alleged exposure, IDENTIFY ALL PERSONS who have
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DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 information to support that contention.
2
3 SPECIAL INTERROGATORY NO. 21:
4 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from
5 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
6 BUCKLEY, INC., IDENTIFY ALL DOCUMENTS to support that contention.
7 SPECIAL INTERROGATORY NO. 22:
8 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from
9 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
10 BUCKLEY, INC., with respect to each alleged exposure, IDENTIFY ALL ACTIVITIES BILLY
11 JOE MCCLARY engaged in during each alleged exposure.
12 SPECIAL INTERROGATORY NO. 23:
13 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from
14 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
15 BUCKLEY, INC., state, with respect to each alleged exposure, state the date(s) of the exposure.
16 SPECIAL INTERROGATORY NO. 24:
17 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from any
18 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
19 BUCKLEY, INC., IDENTIFY ALL LOCATIONS of each alleged exposure.
20 SPECIAL INTERROGATORY NO. 25:
21 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from any
22 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
23 BUCKLEY, INC., IDENTIFY ALL PRODUCT DETAILS for each ANDERSON, ROWE &
24 BUCKLEY, INC. product PLAINTIFF used that allegedly contained ASBESTOS.
25 SPECIAL INTERROGATORY NO. 26:
26 If YOU contend that BILLY JOE MCCLARY was EXPOSED to asbestos from any
27 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE &
28 BUCKLEY, INC., IDENTIFY BILLY JOE MCCLARY’S employer at the time of each alleged
9
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
202410459v.1
1 exposure.
2
3 SPECIAL INTERROGATORY NO. 27:
4 State the duration and frequency of every activity BILLY JOE MCCLARY performed
5 which allegedly exposed BILLY JOE MCCLARY to ASBESTOS-CONTAINING ANDERSON,
6 ROWE & BUCKLEY, INC. product(s).
7 SPECIAL INTERROGATORY NO. 28:
8 Describe how respirable asbestos fibers were released from DEFENDANT’S product(s),
9 and exposed BILLY JOE MCCLARY to ASBESTOS.
10 SPECIAL INTERROGATORY NO. 30:
11 Provide the name and address of each company that manufactured, sold, delivered, or
12 otherwise supplied any ASBESTOS-CONTAINING product(s) present when BILLY JOE
13 MCCLARY worked with or around ANDERSON, ROWE & BUCKLEY, INC. product(s).
14 SPECIAL INTERROGATORY NO. 31:
15 If YOU contend BILLY JOE MCCLARY worked with or around a product manufactured,
16 supplied, and/or sold by DEFENDANT then please IDENTIFY ALL LOCATIONS where such
17 work occurred.
18 SPECIAL INTERROGATORY NO. 32:
19 If YOU contend that BILLY JOE MCCLARY worked with or around a product
20 manufactured, supplied, and/or sold by DEFENDANT then please IDENTIFY ALL PERSONS
21 with knowledge supporting YOUR contention.
22 SPECIAL INTERROGATORY NO. 33:
23 If YOU contend that BILLY JOE MCCLARY worked with or around a product
24 manufactured, supplied, and/or sold by DEFENDANT then please IDENTIFY ALL
25 DOCUMENTS with knowledge supporting YOUR contention.
26 SPECIAL INTERROGATORY NO. 34:
27 For each location where YOU contend that BILLY JOE MCCLARY worked with or
28 around a product manufactured, supplied, and/or sold by DEFENDANT, please IDENTIFY ALL
10
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 DATES on which the BILLY JOE MCCLARY worked with or around the PRODUCT.
2
3 SPECIAL INTERROGATORY NO. 35:
4 For each location where YOU contend that BILLY JOE MCCLARY worked with or
5 around a product manufactured, supplied, and/or sold by DEFENDANT, please IDENTIFY
6 EACH ASBESTOS-CONTAINING PRODUCT.
7 SPECIAL INTERROGATORY NO. 36:
8 For each location where YOU contend that BILLY JOE MCCLARY worked with or
9 around a product manufactured, supplied, and/or sold by DEFENDANT, please STATE ALL
10 FACTS that support YOUR contention that such product(s) contained ASBESTOS.
11 SPECIAL INTERROGATORY NO. 37:
12 For each claim submitted on BILLY JOE MCCLARY’S behalf to a bankruptcy or
13 settlement trust for BILLY JOE MCCLARY’S asbestos-related injuries, please provide the trust’s
14 full name, telephone number, and address, the claim number, and the date the claim was filed.
15 SPECIAL INTERROGATORY NO. 38:
16 For each claim submitted on BILLY JOE MCCLARY’S behalf to a bankruptcy or
17 settlement trust for BILLY JOE MCCLARY’S asbestos-related injuries, please IDENTIFY ALL
18 DOCUMENTS submitted to and received from each trust.
19 SPECIAL INTERROGATORY NO. 39:
20 For each workers’ compensation claim filed on BILLY JOE MCCLARY’S behalf with
21 any federal, state, municipal, or other jurisdiction, please provide the name of the jurisdiction, the
22 case number, and the date the claim was filed.
23 SPECIAL INTERROGATORY NO. 40:
24 For each workers’ compensation claim filed on BILLY JOE MCCLARY’S behalf with
25 any federal, state, municipal, or other jurisdiction, please IDENTIFY ALL DOCUMENTS related
26 to each claim.
27 SPECIAL INTERROGATORY NO. 41:
28 For each lawsuit YOU have filed in any other state or federal court or any other jurisdiction
11
DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 for BILLY JOE MCCLARY’S asbestos-related injuries, please provide the name of the
2 jurisdiction, the case number, and the date the lawsuit was filed.
3 SPECIAL INTERROGATORY NO. 42:
4 For each lawsuit YOU have filed in any other state or federal court or any other jurisdiction
5 for BILLY JOE MCCLARY’S asbestos-related injuries, please IDENTIFY ALL PERSONS with
6 knowledge supporting YOUR contention.
7 SPECIAL INTERROGATORY NO. 43:
8 For each other lawsuit YOU have filed in any other state or federal court or any other
9 jurisdiction for BILLY JOE MCCLARY’S asbestos-related injuries, please IDENTIFY ALL
10 DOCUMENTS related to each lawsuit.
11 SPECIAL INTERROGATORY NO. 44:
12 If any person identified in YOUR response to Special Interrogatory No. 41 has been
13 deposed, for each such deposition, please provide the name of the court reporter(s), name of the
14 jurisdiction, the case number, and the date the lawsuit was filed.
15
Dated: October 22, 2021 WILSON ELSER MOSKOWITZ
16 EDELMAN & DICKER LLP
17
18
19 By: /s/Julie A. Torres
Julie A. Torres, Esq.
20 Gayle L. Ketchie, Esq.
Attorneys for Defendant
21
ANDERSON, ROWE & BUCKLEY,
22 INC.
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DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE
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1 JULIE A. TORRES (SBN 80752) Julie.Torres@wilsoneelser.com 2 GAYLE L. KETCHIE (SBN 322422) ELECTRONICALLY 3 Gayle.Ketchie@wilsoneelser.com F I L E D WILSON, ELSER, MOSKOWITZ, Superior Court of California, County of San Francisco 4 EDELMAN & DICKER LLP 525 Market Street, 17th Floor 10/22/2021 Clerk of the Court 5 San Francisco, California 94105 BY: YOLANDA TABO-RAMIREZ Telephone: (415) 433-0990 Deputy Clerk 6 Facsimile: (415) 434-1370 7 Attorneys for Defendant 8 ANDERSON, ROWE & BUCKLEY, INC. 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SAN FRANCISCO 11 12 VALERI NISKANEN, as Successor-in- CASE NO. CGC-19-276813 Interest to and as Wrongful Death Heir of 13 BILLY JOE McCLARY, Deceased; and VICTORIA BLAKE, TAMLYN ORTEGON, DEFENDANT ANDERSON, ROWE & 14 SUSAN FRENCH and STEVEN McCLARY, BUCKLEY, INC.’S SPECIAL as Wrongful Death Heirs of BILLY JOE INTERROGATORIES TO VALERI 15 McCLARY, Deceased, NISKANEN, SET ONE 16 Plaintiffs, Action Filed: December 11, 2019 17 vs. 18 KELLY-MOORE PAINT COMPANY, INC. et al., 19 Defendants. 20 21 PROPOUNDING PARTY: DEFENDANT ANDERSON, ROWE & BUCKLEY, INC. 22 RESPONDING PARTY: PLAINTIFF VALERI NISKANEN 23 SET NO: ONE (1) 24 TO PLAINTIFF VALERI NISKANEN AND TO HER COUNSEL OF RECORD: 25 Pursuant to Code of Civil Procedure § 2030.010, et seq., Defendant, ANDERSON, 26 ROWE & BUCKLEY, INC. requests that Plaintiff, VALERI NISKANEN, respond to the 27 following Special Interrogatories in writing, under oath, and in the time and manner prescribed 28 by the California Code of Civil Procedure. All responsive materials known to Plaintiff, her 1 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 attorneys, and her past and present agents must be produced to Wilson Elser Moskowitz 2 Edelman & Dicker LLP, 525 Market St. 17th Floor, San Francisco, CA, 94105. 3 DEFINITIONS 4 “YOU”, “YOUR” or “PLAINTIFF” refers to Plaintiff, VALERI NISKANEN, as well 5 as any and all present or former agents, employees, attorneys, investigators or representatives 6 acting on behalf of Plaintiff. 7 “ANDERSON, ROWE & BUCKLEY, INC.” or “DEFENDANT”, refers to Defendant, 8 “ANDERSON, ROWE & BUCKLEY, INC.”, or any person or entity acting on behalf of 9 ANDERSON, ROWE & BUCKLEY, INC. including directors, officers, employees, and agents. 10 “VALERI NISKANEN” refers to Plaintiff VALERI NISKANEN and includes all 11 present and former agents, employees, attorneys, investigators or representative’s action on 12 behalf of VALERI NISKANEN. 13 “ASBESTOS” or “ASBESTOS CONTAINING” refers to the naturally occurring 14 mineral, in any form, including, but not limited to: dust, fibers, particles, products, materials, 15 equipment or substances manufactured from or containing ASBESTOS fibers. 16 “RELATING TO” or “PERTAINING TO” herein, is used in the broadest sense to 17 include all non-privileged information reasonably calculated to lead to admissible discovery 18 including: embodying, concerning, constituting, comprising, reflecting, supporting, discussing, 19 referencing, evidencing, any legal or factual subject matter in question. 20 “IDENTIFY ALL PERSONS” as used herein, means provide all contact information 21 including, but not limited to, the names, addresses, and phone numbers of each person(s) (e.g., 22 friend, brother, neighbor, coworker), current and former aliases, current and former residential 23 addresses, current and former business addresses, and current and former telephone numbers. 24 “DOCUMENT(S),” as used herein, has the broadest meaning possible, referring to and 25 encompassing, without limitation, the definitions of “writing” and “original” set forth in 26 27 Evidence Code §§ 250 and 255, as follows: “‘Writing’ means handwriting, typewriting, 28 printing, photo stating, photographing, photocopying, transmitting by electronic mail or 2 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 facsimile, and every other means of recording upon any tangible thing, any form of 2 communication or representation, including letters, words, pictures, sounds, or symbols, or 3 combinations thereof, and any record thereby created, regardless of the manner in which the 4 record has been stored.” “‘Original’ means the writing itself or any counterpart intended to have 5 the same effect by a person executing or issuing it. An ‘original’ of a photograph includes the 6 negative or any print there from. If data is stored in a computer or similar device, any printout or 7 8 other output readable by sight, shown to reflect the data accurately, is an ‘original.’” 9 “IDENTIFY ALL DOCUMENTS” as used herein, means describe each document in 10 sufficient detail which includes, but is not limited to, identifying the type of document (e.g., 11 letter, article, memorandum, invoice, report, e-mail), date, author or parties signatory, addressee 12 or recipients, number of pages, subject matter, name and address of each person who authored, 13 signed, initialed, received, examined, or otherwise participated in the DOCUMENT’S creation, 14 15 revision, and end use, who currently has possession of custody or control over a copy or the 16 original or any copy, date of production, date subsequent versions were produced, date of 17 distribution, the address of who currently has custody or control over a copy or the original of the 18 DOCUMENT and the like, and whatever else constitutes the most complete, accurate, and 19 truthful description of the DOCUMENT. 20 “ACTIVITY,” as used herein, refers without limitation to any action, deed, function, or 21 WORK PERFORMED, whether performed for an EMPLOYER or otherwise. 22 “EMPLOYER,” as used herein, refers to any person, business, or entity of any type, 23 without limitation, that pays another person a wage or salary. 24 “EXPOSED” and “EXPOSURE,” as used herein, refers without limitation to any 25 ACTIVITY or WORK PERFORMED that causes a person to inhale, touch, see, feel, or otherwise 26 be around or come into contact with any amount of any type of ASBESTOS. 27 “EXPOSED PERSON,” as used herein, refers to PLAINTIFF, BILLY JOE MCCLARY. 28 3 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 “FREQUENCY AND DURATION,” as used herein, refers to how often and how long a 2 particular ACTIVITY occurred and lasted. Provide the frequency in whichever manner is most 3 complete, accurate, and truthful, be that, as an example, “once per hour,” “twice per week,” “five 4 times per year,” or “almost never.” Provide the duration in whichever manner is most complete, 5 accurate, and truthful, be that, as an example, “five seconds,” “three minutes,” or “one hour.” 6 “IDENTIFY ALL DATES,” as used herein, means to provide the most complete, 7 accurate, precise, and truthful date as possible. 8 “IDENTIFY ALL LOCATIONS,” as used herein, means to produce a specific, factual, 9 and detailed description that provides the most precise, accurate, and readily identifiable 10 location(s) as possible. For example, that description may be an address, an intersection, or 11 whatever else constitutes the most complete, accurate, and truthful description of the location. 12 “IDENTIFY EACH ASBESTOS-CONTAINING PRODUCT,” as used herein, means 13 to produce as specific a description of each product and its packaging as possible, including 14 reference to brand names, manufacturers, logos, writings, lettering, typefaces, markings, model 15 numbers, texture, shape, patterns, color, size, weight, volume, warnings, instructions, inserts, 16 pamphlets, function, use, purpose, and the like, and whatever else constitutes the most complete, 17 accurate, and truthful description of the product. 18 “IDENTIFY THE WORK PERFORMED” and “IDENTIFY THE ACTIVITY,” as 19 used herein, mean to produce as specific a description of the WORK PERFORMED or ACTIVITY 20 as possible, including reference to what tools, materials, or equipment were used, what was being 21 accomplished, how that was being accomplished, what steps were taken, how many persons were 22 involved, what those persons were doing, who employed those persons, the identity of those 23 persons, whether it involved any ASBESTOS-CONTAINING PRODUCT, how it involved any 24 ASBESTOS-CONTAINING PRODUCT, what ASBESTOS-CONTAINING PRODUCT was 25 involved, and the like, and whatever else constitutes the most complete, accurate, and truthful 26 description of the WORK PERFORMED or ACTIVITY. 27 “IDENTIFY THE EXPOSED PERSON’S EMPLOYER,” as used herein, means to 28 provide the full corporate name, alternate names, former names, telephone number, and primary 4 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 address of the EMPLOYER(s) of the person you claim was EXPOSED by the referenced WORK 2 PERFORMED or ACTIVITY, and to state, if applicable, that the WORK PERFORMED or 3 ACTIVITY resulting in alleged the EXPOSURE was not performed for an EMPLOYER. 4 “NEGLIGENCE II” as used herein, is defined as YOUR Third Cause of Action for 5 “Negligence”. 6 “LOSS OF CONSORTIUM” as used herein is defined as YOUR Tenth Cause of Action 7 for “Loss of Consortium”. 8 “STATE ALL FACTS,” as used herein, means to provide as complete, accurate, precise, 9 and truthful description of all responsive information as possible, without limitation, including to 10 IDENTIFY ALL DATES, IDENTIFY ALL LOCATIONS, describe as well as YOU can the layout 11 of each location including its dimensions, IDENTIFY EACH ASBESTOS-CONTAINING 12 PRODUCT, IDENTIFY THE WORK PERFORMED, provide the distance of the person you 13 claim was EXPOSED from the WORK PERFORMED, provide the FREQUENCY AND 14 DURATION of the WORK PERFORMED, IDENTIFY THE ACTIVITY YOU allege EXPOSED 15 PLAINTIFF to ASBESTOS, and provide the FREQUENCY AND DURATION of the ACTIVITY 16 that YOU allege EXPOSED PLAINTIFF to ASBESTOS. 17 “WORK PERFORMED,” as used herein, refers to any construction, installation, 18 removal, repair, demolition, manufacturing, or maintenance activity performed by any individual 19 for any purpose, including any activity involving cutting, beveling, machining, chiseling, 20 tapping, sanding, smoothing, scraping, drilling, tearing, screwing, bolting, sawing, gluing, 21 assembling, leveling, compacting, extending, heating, burning, melting, cooling, freezing, 22 hammering, nailing, pounding, shooting, disturbing, fitting, fixing, finishing, inspecting, 23 supervising, directing, managing, controlling, providing instructions, wiring, threading, 24 measuring, hanging, mixing, pouring, scrubbing, cleaning, washing, spraying, blowing, drying, 25 sweeping, carrying, transporting, shoveling, raking, dusting, demolishing, deconstructing, tearing 26 down, tearing out, and the like, without limitation. 27 “ECONOMIC DAMAGES,” as used herein, is defined by Cal. Civil Code 28 §1431.2(b)(1), which provides that “the term ‘economic damages’ means objectively verifiable 5 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 monetary losses including medical expenses, loss of earnings, burial costs, loss of use of 2 property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of 3 employment and loss of business or employment opportunities.” 4 “NON-ECONOMIC DAMAGES,” as used herein, is defined in the Cal. Civil Code 5 §1431.2(b)(2), which provides that “the term ‘non-economic damages’ means subjective, non- 6 monetary losses including, but not limited to, pain, suffering, inconvenience, mental suffering, 7 emotional distress, loss of society and companionship, loss of consortium, injury to reputation 8 and humiliation.” 9 of society and companionship, loss of consortium, injury to reputation and humiliation.” 10 “THEORY OF LIABILITY,” as used herein, refers to any facts or allegations, without 11 limitation, that could support any legally cognizable cause of action or prayer for damages. 12 “PRODUCT DETAILS” as used herein, includes, but is not limited to: product name, 13 model, type, color, texture, size, weight, length, width, and material composition; any markings, 14 writings, or logos on the product; its application, use, and purpose; the equipment or system the 15 product was attached to or removed from; and the product’s approximate age. 16 All words and phrases not specially defined shall be given their normal and ordinary 17 definitions and usages. 18 SPECIAL INTERROGATORIES 19 SPECIAL INTERROGATORY NO. 1: 20 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to 21 YOU for NEGLIGENCE. 22 SPECIAL INTERROGATORY NO. 2: 23 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that 24 DEFENDANT is liable to YOU for NEGLIGENCE. 25 SPECIAL INTERROGATORY NO. 3: 26 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT 27 is liable to YOU for NEGLIGENCE. 28 SPECIAL INTERROGATORY NO. 4: 6 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to 2 YOU for LOSS OF CONSORTIUM. 3 SPECIAL INTERROGATORY NO. 5: 4 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that 5 DEFENDANT is liable to YOU for LOSS OF CONSORTIUM. 6 SPECIAL INTERROGATORY NO. 6: 7 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT 8 is liable to YOU for LOSS OF CONSORTIUM. 9 SPECIAL INTERROGATORY NO. 7: 10 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to 11 YOU for exemplary and/or punitive damages. 12 SPECIAL INTERROGATORY NO. 8: 13 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that 14 DEFENDANT is liable to YOU for exemplary and/or punitive damages. 15 SPECIAL INTERROGATORY NO. 9: 16 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT 17 is liable to YOU for exemplary and/or punitive damages. 18 SPECIAL INTERROGATORY NO. 10: 19 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to 20 YOU for ECONOMIC DAMAGES. 21 SPECIAL INTERROGATORY NO. 11: 22 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that 23 DEFENDANT is liable to YOU for ECONOMIC DAMAGES. 24 SPECIAL INTERROGATORY NO. 12: 25 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT 26 is liable to YOU for ECONOMIC DAMAGES. 27 SPECIAL INTERROGATORY NO. 13: 28 Please STATE ALL FACTS supporting YOUR contention that DEFENDANT is liable to 7 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 YOU for NON-ECONOMIC DAMAGES. 2 3 SPECIAL INTERROGATORY NO. 14: 4 Please IDENTIFY ALL PERSONS with any knowledge supporting YOUR contention that 5 DEFENDANT is liable to YOU for NON-ECONOMIC DAMAGES. 6 SPECIAL INTERROGATORY NO. 15: 7 Please IDENTIFY ALL DOCUMENTS supporting YOUR contention that DEFENDANT 8 is liable to YOU for NON-ECONOMIC DAMAGES. 9 SPECIAL INTERROGATORY NO. 16: 10 If YOU contend DEFENDANT is liable to YOU under any THEORY OF LIABILITY not 11 otherwise addressed by these interrogatories, please STATE ALL FACTS supporting YOUR other 12 THEORY OF LIABILITY. 13 SPECIAL INTERROGATORY NO. 17: 14 If YOU contend DEFENDANT is liable to YOU under any THEORY OF LIABILITY not 15 otherwise addressed by these interrogatories, please IDENTIFY ALL PERSONS with any 16 knowledge supporting YOUR other THEORY OF LIABILITY. 17 SPECIAL INTERROGATORY NO. 18: 18 If YOU contend DEFENDANT is liable to YOU under any THEORY OF LIABILITY not 19 otherwise addressed by these interrogatories, please IDENTIFY ALL DOCUMENTS supporting 20 YOUR other THEORY OF LIABILITY. 21 SPECIAL INTERROGATORY NO. 19: 22 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from 23 products manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 24 BUCKLEY, INC., STATE ALL FACTS that support that contention. 25 SPECIAL INTERROGATORY NO. 20: 26 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from 27 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 28 BUCKLEY, INC., with respect to each alleged exposure, IDENTIFY ALL PERSONS who have 8 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 information to support that contention. 2 3 SPECIAL INTERROGATORY NO. 21: 4 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from 5 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 6 BUCKLEY, INC., IDENTIFY ALL DOCUMENTS to support that contention. 7 SPECIAL INTERROGATORY NO. 22: 8 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from 9 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 10 BUCKLEY, INC., with respect to each alleged exposure, IDENTIFY ALL ACTIVITIES BILLY 11 JOE MCCLARY engaged in during each alleged exposure. 12 SPECIAL INTERROGATORY NO. 23: 13 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from 14 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 15 BUCKLEY, INC., state, with respect to each alleged exposure, state the date(s) of the exposure. 16 SPECIAL INTERROGATORY NO. 24: 17 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from any 18 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 19 BUCKLEY, INC., IDENTIFY ALL LOCATIONS of each alleged exposure. 20 SPECIAL INTERROGATORY NO. 25: 21 If YOU contend that BILLY JOE MCCLARY was EXPOSED to ASBESTOS from any 22 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 23 BUCKLEY, INC., IDENTIFY ALL PRODUCT DETAILS for each ANDERSON, ROWE & 24 BUCKLEY, INC. product PLAINTIFF used that allegedly contained ASBESTOS. 25 SPECIAL INTERROGATORY NO. 26: 26 If YOU contend that BILLY JOE MCCLARY was EXPOSED to asbestos from any 27 product(s) manufactured, sold, supplied, or otherwise distributed by ANDERSON, ROWE & 28 BUCKLEY, INC., IDENTIFY BILLY JOE MCCLARY’S employer at the time of each alleged 9 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 exposure. 2 3 SPECIAL INTERROGATORY NO. 27: 4 State the duration and frequency of every activity BILLY JOE MCCLARY performed 5 which allegedly exposed BILLY JOE MCCLARY to ASBESTOS-CONTAINING ANDERSON, 6 ROWE & BUCKLEY, INC. product(s). 7 SPECIAL INTERROGATORY NO. 28: 8 Describe how respirable asbestos fibers were released from DEFENDANT’S product(s), 9 and exposed BILLY JOE MCCLARY to ASBESTOS. 10 SPECIAL INTERROGATORY NO. 30: 11 Provide the name and address of each company that manufactured, sold, delivered, or 12 otherwise supplied any ASBESTOS-CONTAINING product(s) present when BILLY JOE 13 MCCLARY worked with or around ANDERSON, ROWE & BUCKLEY, INC. product(s). 14 SPECIAL INTERROGATORY NO. 31: 15 If YOU contend BILLY JOE MCCLARY worked with or around a product manufactured, 16 supplied, and/or sold by DEFENDANT then please IDENTIFY ALL LOCATIONS where such 17 work occurred. 18 SPECIAL INTERROGATORY NO. 32: 19 If YOU contend that BILLY JOE MCCLARY worked with or around a product 20 manufactured, supplied, and/or sold by DEFENDANT then please IDENTIFY ALL PERSONS 21 with knowledge supporting YOUR contention. 22 SPECIAL INTERROGATORY NO. 33: 23 If YOU contend that BILLY JOE MCCLARY worked with or around a product 24 manufactured, supplied, and/or sold by DEFENDANT then please IDENTIFY ALL 25 DOCUMENTS with knowledge supporting YOUR contention. 26 SPECIAL INTERROGATORY NO. 34: 27 For each location where YOU contend that BILLY JOE MCCLARY worked with or 28 around a product manufactured, supplied, and/or sold by DEFENDANT, please IDENTIFY ALL 10 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 DATES on which the BILLY JOE MCCLARY worked with or around the PRODUCT. 2 3 SPECIAL INTERROGATORY NO. 35: 4 For each location where YOU contend that BILLY JOE MCCLARY worked with or 5 around a product manufactured, supplied, and/or sold by DEFENDANT, please IDENTIFY 6 EACH ASBESTOS-CONTAINING PRODUCT. 7 SPECIAL INTERROGATORY NO. 36: 8 For each location where YOU contend that BILLY JOE MCCLARY worked with or 9 around a product manufactured, supplied, and/or sold by DEFENDANT, please STATE ALL 10 FACTS that support YOUR contention that such product(s) contained ASBESTOS. 11 SPECIAL INTERROGATORY NO. 37: 12 For each claim submitted on BILLY JOE MCCLARY’S behalf to a bankruptcy or 13 settlement trust for BILLY JOE MCCLARY’S asbestos-related injuries, please provide the trust’s 14 full name, telephone number, and address, the claim number, and the date the claim was filed. 15 SPECIAL INTERROGATORY NO. 38: 16 For each claim submitted on BILLY JOE MCCLARY’S behalf to a bankruptcy or 17 settlement trust for BILLY JOE MCCLARY’S asbestos-related injuries, please IDENTIFY ALL 18 DOCUMENTS submitted to and received from each trust. 19 SPECIAL INTERROGATORY NO. 39: 20 For each workers’ compensation claim filed on BILLY JOE MCCLARY’S behalf with 21 any federal, state, municipal, or other jurisdiction, please provide the name of the jurisdiction, the 22 case number, and the date the claim was filed. 23 SPECIAL INTERROGATORY NO. 40: 24 For each workers’ compensation claim filed on BILLY JOE MCCLARY’S behalf with 25 any federal, state, municipal, or other jurisdiction, please IDENTIFY ALL DOCUMENTS related 26 to each claim. 27 SPECIAL INTERROGATORY NO. 41: 28 For each lawsuit YOU have filed in any other state or federal court or any other jurisdiction 11 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1 1 for BILLY JOE MCCLARY’S asbestos-related injuries, please provide the name of the 2 jurisdiction, the case number, and the date the lawsuit was filed. 3 SPECIAL INTERROGATORY NO. 42: 4 For each lawsuit YOU have filed in any other state or federal court or any other jurisdiction 5 for BILLY JOE MCCLARY’S asbestos-related injuries, please IDENTIFY ALL PERSONS with 6 knowledge supporting YOUR contention. 7 SPECIAL INTERROGATORY NO. 43: 8 For each other lawsuit YOU have filed in any other state or federal court or any other 9 jurisdiction for BILLY JOE MCCLARY’S asbestos-related injuries, please IDENTIFY ALL 10 DOCUMENTS related to each lawsuit. 11 SPECIAL INTERROGATORY NO. 44: 12 If any person identified in YOUR response to Special Interrogatory No. 41 has been 13 deposed, for each such deposition, please provide the name of the court reporter(s), name of the 14 jurisdiction, the case number, and the date the lawsuit was filed. 15 Dated: October 22, 2021 WILSON ELSER MOSKOWITZ 16 EDELMAN & DICKER LLP 17 18 19 By: /s/Julie A. Torres Julie A. Torres, Esq. 20 Gayle L. Ketchie, Esq. Attorneys for Defendant 21 ANDERSON, ROWE & BUCKLEY, 22 INC. 23 24 25 26 27 28 12 DEFENDANT ANDERSON, ROWE & BUCKLEY, INC.’S SPECIAL INTERROGATORIES TO VALERI NISKANEN, SET ONE 202410459v.1