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FBT-CV22-6113987-S : SUPERIOR COURT
:
LUCILLE MUNSELL, executrix of the :
estate of STEPHEN MUNSELL, and :
LUCILLE MUNSELL, individually as :
surviving spouse, :
: J.D. FAIRFIELD
: AT BRIDGEPORT
Plaintiff, :
:
v. :
: AUGUST 24, 2022
ROGERS CORPORATION, et al., :
:
Defendants. :
____________________________________ :
MINE SAFETY APPLIANCES COMPANY, LLC’S OBJECTIONS TO
PLAINTIFF’S SUPPLEMENTAL REQUESTS FOR PRODUCTION
Pursuant to Connecticut Practice Book Section 13-10, Mine Safety Appliances Company,
LLC (“MSA”), hereby files the following objections to Plaintiff’s Supplemental Requests for
Production:
REQUEST NO. 1:
Please produce complete color copies of all documents, records or other tangible things
referenced in the preceding interrogatories or relied upon in answering the preceding
interrogatories.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Stephen Munsell (“Mr. Munsell”) used an MSA product at any time. Mr. Munsell did not
provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the
only individual with first-hand knowledge as to the products Mr. Munsell did or did not use. As
such, this Request is harassing.
REQUEST NO. 2:
Please produce complete color copies of all documents, records or other tangible things
pertaining to the Comfo II.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
REQUEST NO. 3:
Please produce complete color copies of all catalogs, bulletins, advertisements and
brochures that reference the Comfo II.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
REQUEST NO. 5:
Please produce complete color copies of all sales records, invoices, sales summaries and
purchase orders pertaining to the sale of Comfo II respirators to Rogers Corporation.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
REQUEST NO. 6:
Please produce complete color copies of all documents, records or other tangible things
pertaining to the defendant’s efforts to obtain and maintain approval for the Comfo II by the
Bureau of Mines and/or NIOSH, including but not limited to correspondence, memoranda, notes,
government submissions, testing reports, engineering records, quality assurance records and/or
research documents.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
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sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
REQUEST NO. 7:
Please produce complete color copies of all depositions of the defendant’s corporate
representatives, including all exhibits, where the Comfo II was discussed.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
REQUEST NO. 8
Please produce complete color copies of all documents, literature or written materials
included in the original packaging of the Comfo II.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
REQUEST NO. 9:
Please produce complete color copies of all documents, records or other tangible things
pertaining to the defendant’s design, research and testing of the Comfo II to determine whether it
protected the user from inhaling asbestos fibers.
OBJECTION:
MSA objects to this Request as overbroad and unduly burdensome as there is no evidence
Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or
sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-
hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is
harassing.
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MINE SAFETY APPLIANCES COMPANY, LLC,
By its Attorneys,
/s/ John R. Felice
John R. Felice CT JURIS #435040
jfelice@hermesnetburn.com
HERMES, NETBURN, O’CONNOR
& SPEARING, P.C.
265 Franklin Street, Seventh Floor
Boston, MA 02110-3113
Dated: August 24, 2022 (617) 728-0050
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was mailed or electronically delivered to
Plaintiff’s counsel of record, and notice was sent via electronic mail to all defense counsel, with
copies provided upon request, on August 24, 2022.
/s/ John R. Felice
John R. Felice, Juris No. 435040
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____________________________________ FBT-CV22-6113987-S : SUPERIOR COURT : LUCILLE MUNSELL, executrix of the : estate of STEPHEN MUNSELL, and : LUCILLE MUNSELL, individually as : surviving spouse, : : J.D. FAIRFIELD : AT BRIDGEPORT Plaintiff, : : v. : : AUGUST 24, 2022 ROGERS CORPORATION, et al., : : Defendants. : ____________________________________ : MINE SAFETY APPLIANCES COMPANY, LLC’S OBJECTIONS TO PLAINTIFF’S SUPPLEMENTAL REQUESTS FOR PRODUCTION Pursuant to Connecticut Practice Book Section 13-10, Mine Safety Appliances Company, LLC (“MSA”), hereby files the following objections to Plaintiff’s Supplemental Requests for Production: REQUEST NO. 1: Please produce complete color copies of all documents, records or other tangible things referenced in the preceding interrogatories or relied upon in answering the preceding interrogatories. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Stephen Munsell (“Mr. Munsell”) used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first-hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 2: Please produce complete color copies of all documents, records or other tangible things pertaining to the Comfo II. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 3: Please produce complete color copies of all catalogs, bulletins, advertisements and brochures that reference the Comfo II. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 5: Please produce complete color copies of all sales records, invoices, sales summaries and purchase orders pertaining to the sale of Comfo II respirators to Rogers Corporation. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 6: Please produce complete color copies of all documents, records or other tangible things pertaining to the defendant’s efforts to obtain and maintain approval for the Comfo II by the Bureau of Mines and/or NIOSH, including but not limited to correspondence, memoranda, notes, government submissions, testing reports, engineering records, quality assurance records and/or research documents. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or 2 sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 7: Please produce complete color copies of all depositions of the defendant’s corporate representatives, including all exhibits, where the Comfo II was discussed. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 8 Please produce complete color copies of all documents, literature or written materials included in the original packaging of the Comfo II. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. REQUEST NO. 9: Please produce complete color copies of all documents, records or other tangible things pertaining to the defendant’s design, research and testing of the Comfo II to determine whether it protected the user from inhaling asbestos fibers. OBJECTION: MSA objects to this Request as overbroad and unduly burdensome as there is no evidence Mr. Munsell used an MSA product at any time. Mr. Munsell did not provide sworn testimony or sworn discovery responses prior to his passing. Mr. Munsell was the only individual with first- hand knowledge as to the products Mr. Munsell did or did not use. As such, this Request is harassing. 3 MINE SAFETY APPLIANCES COMPANY, LLC, By its Attorneys, /s/ John R. Felice John R. Felice CT JURIS #435040 jfelice@hermesnetburn.com HERMES, NETBURN, O’CONNOR & SPEARING, P.C. 265 Franklin Street, Seventh Floor Boston, MA 02110-3113 Dated: August 24, 2022 (617) 728-0050 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing was mailed or electronically delivered to Plaintiff’s counsel of record, and notice was sent via electronic mail to all defense counsel, with copies provided upon request, on August 24, 2022. /s/ John R. Felice John R. Felice, Juris No. 435040 4