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Stephen M. Fishback, Esq. (State Bar No. 191646)
Daniel L. Keller, Esq. (State Bar No. 191738) ELECTRONICALLY
KELLER, FISHBACK & JACKSON LLP FILED
28720 Roadside Drive, Suite 201 Superior Coutt of Calforne,
Agoura Hills, CA 91301 County of San Francisco
Telephone: 818.879.8033
Facsimile: 818.292,8891 AUG 03 2007
GORDON PARK-LI, Clerk
Attorneys for Plaintifts By: WLAN a Sepaty clerk
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
NANCY MARIE SCOTT, Individually and |Case No. 443236
Suceessor-in-Interest to DENZIL SCOTT,
Decedent; JOANNE MARIE WOLFARTH; | EXHIBITS UU-VV
MICHAEL GERALD SCOTT; ROBERT
DAVID SCOTT: THOMAS CARY
SCOTT; MARIE DENISE SOBOLIK,
Plaintiffs,
vs.
AC AND §, INC., et al.,
Defendants.EXHIBIT UUStephen M. Fishback, Esq, (State Bar No. 191646)
Daniel L. Keller, £sq. (State Bar No. 191738)
KELLER, FISHBACK & JACKSON LLP
28720 Roadside Drive, Suite 201
Agoura Hills, CA 91301
Telephone: 818.879.8033
Facsimile: 818.292.8891
Attomeys for Plaintiffs
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
NANCY MARIE SCOTT, individually and | Case No, 443236
Successor-in-Interest to DENZIL SCOTT,
Decedent; JOANNE MARIE WOLFARTH;| AMENDED NOTICE OF TAKING OF
MICHAEL GERALD SCOTT; ROBERT || DEPOSITION OF IMO INDUSTRIES, INC.
DAVID SCOTT; THOMAS CARY PERSON(S) MOST KNOWLEDGEABLE
SCOTT; MARIE DENISE SOBOLIK, AND CUSTODIAN(S) OF RECORDS AND
REQUEST FOR PRODUCTION OF
Plaintiffs, DOCUMENTS
Ws. IC.C-P. § 2025.010, et seq]
AC AND S§, INC., et al, Custodianfs) of Records:
July 31, 2007, at 9:00 a.m.
Person(s) Most Knowledgeable:
Defendants. Joly 31, 2007, at 1:00 p.m.
TO EACH PARTY AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on July 31, 2007, at the Holiday Inn, 1500 VanNess
Ave., San Francisco, CA, plaintiffs will take the deposition of IMO INDUSTRIES INC., who
shall designate and produce a Custodian of Records and who shalll designate and produce a
Person(s) Most Knowledgeable. Said deposition will be recorded stenographically and by
videotape and shall continue day to day until completed. Notice to relevant parties will be
provided once the deposition has been confirmed.
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC'S PERSON) MOST KNOWLEDGEABLE AND
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 1YOU ARE HEREBY NOTIFIED that on July 31, 2007, at the Holiday Inn, 1500
VanNess Ave., San Francisco, CA, at 9:00 a.m., plaintiffs will take the deposition of the
Custodian(s) of Records of IMO INDUSTRIES INC. regarding any information they may have
relevant to the subject matter of this action, including, but not limited to, the authenticity of the
documents described herein, Pursuant to C.C.P, § 2025.280, et seq, plaintiffs in the above-
captioned action hereby request that [MO INDUSTRIES INC. bring to the deposition for
inspection and copying by plaintiffs the documents and things described below. ‘This notice to
produce specifically embraces, in addition to documents within the possession, custody, or
control of said defendant, any and all documents within the possession, custody, or control of its
agents, representatives or attorneys. This notice to produce also embraces originals, identical
copies if the originals are unavailable, all non-identical copies (whether different from the
original because of notes made on such copies or otherwise), electronic copies’files, and other
documents deseribed herein.
PLEASE TAKE FURTHER NOTICE that on July 31, 2007, at the Holiday Inn, 1500
VanNess Ave., San Francisco, CA, at 1:00 p.m., plaintiff will take the deposition of the
Person(s) Most Knowledgeable or person(s) presently employed by IMO INDUSTRIES INC.
who are most qualified and most knowledgeable about the matters set forth below, including, but
not limited to, the authenticity of the documents described herein. California Code of Civil
Procedure § 2025.010 et seg mandates that IMO INDUSTRIES INC., “designate and produce”
the officers or employees “most qualified” to testify on its behalf as to knowledge of the matters
set forth in this Notice of Deposition. The person(s) so designated by IMO INDUSTRIES INC.
must testify “to the extent of any information known or reasonably available” to IMO
INDUSTRIES INC.
DEFINITIONS
As used herein, the words “DOCUMENTS” or “WRITINGS” shall mean, without
limitation, the following items, whether printed or recorded or reproduced or stored by any
mechanical or electronic process, including microfilm, microfiche, electronic mail, electronic
files, computer disk, CD-Rom, tape, or video, or written or produced by hand: any records,
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES ING"S PERSON(S) MOST KNOWLEDGEABLE AND
CUSTODIANS) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 2contracts, agreements, job orders, communications, correspondence, telegrams, memoranda,
summaries of records of telephone conversations, summaries of records of personal
conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, specifications,
drawings, illustrations, change orders, sketches, photographs, maps, minutes, summaries of
records or meetings or conference, summaries or reports of investigations or negotiations,
opinions or reports of consultants, written analysis reports, tape recordings, motion picture film,
brochures, pamphlets, advertisements, product manuals, circulars, press releases, drafts, letters,
any marginal comments appearing on any document, tags, signs, warnings, transcripts, bills,
invoices, market surveys, inventories, papers, diagrams, statements or testimony of any nature,
documents, treatises, theses, books or accounting, and any and all other writings as that term is
defined by California Evidence Code, Section 250.
As used herein, the words “INFORMATION? shall mean, without limitation, knowledge
and experiences communicated or received concerning particular facts or circumstances, or
gained through study, communication, research, instructions, or by any other method or
‘mechanism.
The words “ASBESTOS” or “ASBESTOS-CONTAINING PRODUCTS” shall mean raw
mineral asbestos or any products, materials, components, supplies or equipment which defendant,
or defendant’s counsel knows or believes to contain or include any amount or percentage of the
mineral asbestos in whole or in mixture with other products or materials.
“PERTAINING TO” shall mean regarding, relating to, refecring to, referencing, touching
upon, concerning, discussing, evidencing, supporting, identifying, describing, reflecting or
resulting from the matter specified.
As used herein “IMO INDUSTRIES INC..”, “YOU” and “YOUR” refer to IMO
INDUSTRIES INC.., its board of directors, corporate officers, executives, managers, agents,
employees, stockholders, subsidiaries, divisions and any and all predecessors-in-intercst,
including but limited to Westinghouse Electric Corp.
As used herein, “USE” and “USED” mean a method or manner of employing or applying
something, consume, manipulate, put into scrvice or otherwise utilize.
AMENDED NOTICE OF TAKING DEPOSITION OF LMO INDUSTRIES INC'S PERSON(S) MOST KNOWLEDGEABLE AND
CUSTODIAN() OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 3As used herein, “DECEDENT” shall refer to Denzil Scott.
DOCUMENTS TO BE PRODUCED
Custodians) of Records:
Category No.1: All DOCUMENTS PERTAINING TO YOUR document retention policy.
Category No. 2: Al] DOCUMENTS PERTAINING TO YOUR corporate history and structure,
including but not limited to, the identities of all of YOUR predecessors-in-interest and
suceessors-in-interest.
Category No.3: All DOCUMENTS, contracts, indemnity agreements, inventories, and similar
DOCUMENTS PERTAINING TO the sale, acquisition, or dissolution by YOU of any company
that was engaged in the manufacture, sale, supply, and/or distribution of ASBESTOS-
CONTAINING PRODUCTS during the time period from YOUR inception to the present.
Category No. 4: All DOCUMENTS PERTAINING TO the sale, distribution and/or supply of
YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985 including but not limited
to, invoices, purchase orders, correspondence, sales orders, requests for production, grant
applications, customer lists, customer service records and/or contracts and agreements.
Category No. 5: All DOCUMENTS PERTAINING TO the manufacture of YOUR
ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985, including but not limited to,
specifications, drawings, blueprints, plant design and layout, engineering reports, quality control
reports, safety evaluations, and/or reports.
Category No. 6: All DOCUMENTS PERTAINING TO the entities from whom YOU purchased
or otherwise acquired ASBESTOS and ASBESTOS-CONTAINING PRODUCTS and/or
component products from 1935 to 1985.
Category No. 7: All DOCUMENTS PERTAINING TO product formulations, blueprints,
specifications, quality contro] tests, or similar information that identifies the specific asbestos-
containing raw materials and components used in YOUR ASBESTOS-CONTAINING
PRODUCTS from 1935 to 1985.
Category No. 8): All DOCUMENTS PERTAINING TO the use of YOUR ASBESTOS-
CONTAINING PRODUCTS from 1935 to 1985, including but not limited to, user manuals and
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 4instructions.
Category No. 9: All material safety data sheets PERTAINING TO YOUR ASBESTOS-
CONTAINING PRODUCTS and/or their component parts, as created from 1935 to 1985,
Category No. 10: All DOCUMENTS PERTAINING TO when YOU first became aware of the
hazards associated with asbestos exposure.
Category No. 11: All DOCUMENTS, including but not limited to, warnings, directives,
instructions, or other similar statements issued by YOU to YOUR employees, customers, or
members of the general public PERTAINING TO YOUR ASBESTOS-CONTAINING
PRODUCTS from 1935 to 1985.
Category No. 12): All DOCUMENTS PERTAINING TO the date in which YOU first placed
any warnings on YOUR ASBESTOS-CONTAINING PRODUCTS concerning the health
hazards associated with ASBESTOS.
Category No. 13): All DOCUMENTS PERTAINING TO warranties YOU provided for YOUR.
ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985.
Category No. 14): All studies, reports, tests, and experiments that can demonstrate the amount
of asbestos fibers that would be released during the use, maintenance, and/or repair of YOUR
ASBESTOS-CONTAINING PRODUCTS.
Category No. 15): All written reports, warnings, notices, communications, or similar
DOCUMENTS from any manufacturer of any asbestos-containing materials that YOU received
from 1935 to 1985 PERTAINING TO the hazards incident to the use of asbestos-containing
materials.
Category No. 16}: All written reports, warnings, notices, communications, or similar
DOCUMENTS that YOU disseminated from 1935 to 1985 PERTAINING TO the hazards
incident to the use of asbestos-containing materials or YOUR ASBESTOS-CONTAINING
PRODUCTS.
Category No. 17): All written claims (including, but not limited to, workers compensation
claims and product liability claims) filed against YOU during the time period from YOUR
inception to the present for exposure to asbestos or asbestos-containing materials.
AMENDED NOTICE OF TAKING DEFOSITION OF IMO INDUSTRIES INC'S PERSON(S) MOST KNOWLEDGEABLE AND
CUSTODIANG) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 5Category No. 18): All written reports or communications from YOUR workers compensation
insurance cartier or product liability insurance carriers, PERTAINING TO the hazards incident
to the use of asbestos-containing materials in YOUR ASBESTOS-CONTAINING PRODUCTS,
during the time period from YOUR inception to the present.
Category No. 19): All DOCUMENTS PERTAINING TO YOUR supply, manufacture,
distribution and use of the following products: ASBESTOS-CONTAINING PRODUCTS.
Category No. 20): An exemplar or representative sample of each type of the following products
YOU manufactured, sold, and/or otherwise distributed: ASBESTOS-CONTAINING
PRODUCTS.
Category No. 21): All DOCUMENTS PERTAINING TO the sale, distribution and/or supply of
ASBESTOS-CONTAINING PRODUCTS to work sites on Exhibit A attached hereto, 1935-
1985, including but not limited to, invoices, purchase orders, correspondence, sales orders,
requests for production, grant applications, customer lists, and/or customer service records,
Category No. 22): All DOCUMENTS PERTAINING TO the deliveries of YOUR ASBESTOS-
CONTAINING PRODUCTS to any and all national suppliers and distributors from 1935 to
1985, including but not limited to, invoices, purchase orders, correspondence, sales orders,
requests for productions, grant applications, customer lists, customer service records, contracts,
and agreements.
Category No, 23): All DOCUMENTS PERTAINING TO the design of YOUR ASBESTOS-
CONTAINING PRODUCTS manufactured, distributed, supplied and/or marketed by YOU from
1935 to 1985, including but not limited to, manuals, specifications, drawings, blueprints, plant
design and layout, engineering reports, quality control reports, safety evaluations, and/or reports.
Category No. 24): intentionally omitted
Category No. 25): All DOCUMENTS PERTAINING TO ASBESTOS-CONTAINING
PRODUCTS, including but not limited to YOUR ASBESTOS CONTAINING PRODUCTS,
present, installed, removed, or otherwise disturbed at the vessels listed on attached Exhibit A
between 1935-1985,
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.’S PERSON) MOST KNOWLEDGEABLE AND
‘CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 6Category No. 26): All DOCUMENTS PERTAINING TO asbestos-use surveys, inventories, or
other reports of any kind that were prepared at any time for the purpose of determining the
nature and extent of the usage of asbestos-containing materials by YOU in the manufactire of
YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. :
Category No, 27): All DOCUMENTS PERTAINING TO all studies, surveys, reports, ot
information of any kind that were prepared at any time for the purpose of determining a
substitute for the use of asbestos-containing materials in the manufacture of YOUR
ASBESTOS-CONTAINING PRODUCTS.
Category No. 28); All patents and patent applications that refer or relate to the asbestos-
containing matcrials that YOU acquired, manufactured, distributed, or sold from 1935 to 1985.
Category No. 29): All DOCUMENTS PERTAINING TO YOUR membership in trade and/or
industry organizations.
Category No. 30): All DOCUMENTS that demonstrate reflect or otherwise provide any basis
that DECEDENT was exposed to YOUR ASBESTOS-CONTAINING PRODUCTS.
Category No. 31): All DOCUMENTS referenced in YOUR responses and supplemental
responses to Standard Plaintiff Interrogatorics to Defendants which wore previously served by
‘YOU pursuant to San Francisco Supcrior Court General Order Nos. 29 and 129.
Category No. 32): All DOCUMENTS which are YOUR responses and supplemental responses
to Standard Plaintiff Interrogatories to Defendants which were previously served by YOU
pursuant to Los Angeles County General Order 17.
Category No. 33): All DOCUMENTS PERTAINING TO the depositions of YOUR current and
former corporate representatives, corporate officers, management, employees and/or agents
taken in cormection with asbestos litigation, including but not limited to transcripts, exhibits and
documents produced at such depositions.
Category No. 34): All DOCUMENTS previously produced by YOU in connection with asbestos
litigation, including but not limited to transcripts, exhibits and documents produced at
depositions involving any of DECEDENT’s job sites, including but not limited to those set
forth on attached Exhibit A
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC."S PERSONS) MOST KNOWLEDGEABLE AND
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 7Category No. 35): All DOCUMENTS PERTAINING TO depositions given by YOUR current
and former persons most knowledgeable in asbestos litigation, including but not limited to
transcripts, exhibits and documents produced at such depositions.
Category No. 36): All DOCUMENTS PERTAINING TO depositions given by YOUR current
and former custodians of records in asbestos litigation, including but not limited to transcripts,
exhibits and documents produced at such depositions.
Category No. 37): All DOCUMENTS PERTAINING TO the intended USE or purpose of
YOUR ASBESTOS-CONTAINING PRODUCTS.
Category No. 38); All DOCUMENTS PERTAINING TO DECEDENT including employment
and medical records.
Category No. 39): All DOCUMENTS PERTAINING TO co-workers of DECEDENT or other
employees at DECEDENT’s job sites, including those set forth on attached Exhibit A, 1935-
1985.
Category No. 40): All DOCUMENTS, including name, contact information, and relationship,
PERTAINING TO other persons who may have information responsive to this deposition
notice.
Category No.'41); All DOCUMENTS, including name, contact information, and relationship,
PERTAINING TO any person or entity performing work at DECEDENT’s job sties, including
those set forth on Exhibit A, attached hereto, 1935-1985.
Category No: 42: All DOCUMENTS PERTAINING TO YOUR affirmative defenses as set
forth in YOUR Answer filed in the above-captioned matter.
Category No.43): All DOCUMENTS PERTAINING TO Material Safety Data Sheets (MSDS)
for your ASBESTOS-CONTAINING PRODUCTS.
INFORMATION SOUGHT
Person(s) Mast Knowledgeable:
Category No. Lj: All INFORMATION PERTAINING TO YOUR document retention policy.
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND.
CUSTODIANG) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 8Category No. 2): All INFORMATION PERTAINING TO YOUR corporate history and
structure, including but not limited to, the identities of all of YOUR predecessors-in-interest and
successors-in-interest.
Category No. 3): All INFORMATION, contracts, indemnity agrcements, inventories, and
similar INFORMATION PERTAINING TO the sale, acquisition, or dissolution by YOU of any
company that was engaged in the manufacture, sale, supply, and/or distribution of ASBESTOS-
CONTAINING PRODUCTS during the time petiod from YOUR inception to the present.
Category No. 4): All INFORMATION PERTAINING TO the sale, distribution and/or supply
of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985 including but not
limited to, invoices, purchase orders, correspondence, sales orders, requests for production, grant
applications, customer lists, customer service records and/or contracts and agreements.
Category No. 5): All INFORMATION PERTAINING TO the manufacture of YOUR
ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985, including but not limited to,
specifications, drawings, blueprints, plant design and layout, engineering reports, quality control
reports, safety evaluations, and/or reports.
Category No. 6): All INFORMATION PERTAINING TO the entities from whom YOU
purchased or otherwise acquired ASBESTOS and ASBESTOS-CONTAINING PRODUCTS.
and/or components from 1935 to 1985
Category No. 7): All INFORMATION PERTAINING TO product formulations, blueprints,
specifications, quality control tests, or similar information that identifies the specific asbestos-
containing raw materials and components used in YOUR ASBESTOS-CONTAINING
PRODUCTS from 1935 to 1985.
Category No. 8}: All INFORMATION PERTAINING TO the use of YOUR ASBESTOS-
CONTAINING PRODUCTS from 1935 to 1985, including but not limited to, user manuals and
instructions.
Category No. 9): All INFORMATION PERTAINING TO material safety data sheets
PERTAINING TO YOUR ASBESTOS-CONTAINING PRODUCTS and/or their component
parts, as created from 1935 to 1985.
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND_
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 9Category No. 10): All INFORMATION PERTAINING TO when YOU first became aware of
the hazards associated with asbestos exposure.
Category No. 11): All INFORMATION, including but not limited to, warnings, directives,
instructions, or other similar statemeats issued by YOU to YOUR employees, customers, or
members of the general public PERTAINING TO YOUR ASBESTOS-CONTAINING
PRODUCTS from 1935 to 1985.
Category No. 12): All INFORMATION PERTAINING TO the date in which YOU first placed
any warnings on YOUR ASBESTOS-CONTAINING PRODUCTS concerning the health
hazards associated with ASBESTOS.
Category No, 13): All INFORMATION PERTAINING TO warranties YOU provided for
YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985.
Category No. 14): All INFORMATION PERTAINING TO studies, reports, tests, and
experiments that can demonstrate the amount of asbestos fibers that would be released during the
use, maintenance, and/or repair of YOUR ASBESTOS-CONTAINING PRODUCTS.
Category No. 15): All INFORMATION PERTAINING TO reports, wamings, notices,
communications, or similar INFORMATION from any manufacturer of any asbestos-containing
materials that YOU received from 1935 to 1985 PERTAINING TO the hazards incident to the
use of any asbestos-containing materials,
Category No. 16): All INFORMATION PERTAINING TO written reports, warnings, notices,
communications, or similar INFORMATION that YOU disseminated from 1935 to 1985
PERTAINING TO the hazards incident to the use of ASBESTOS-CONTAINING PRODUCTS.
Category No. 17): All INFORMATION PERTAINING TO written claims (including, but not
limited to, workers compensation claims and product liability claims) filed against YOU during
the time period from YOUR inception to the present for exposure to asbestos or asbestos-
containing materials.
Category No. 18): All INFORMATION PERTAINING TO written reports or communications
from YOUR workers compensation insurance carrier or product liability insurance carriers,
PERTAINING TO the hazards incident to the usc of asbestos-containing matcrials in YOUR
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC'S PERSON(S) MOST KNOWLEDGEABLE AND
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 10ASBESTOS-CONTAINING PRODUCTS during the time period from YOUR inception to the
present.
Category No. 19): All INFORMATION PERTAINING TO YOUR supply, manufacture,
distribution and use of the following products: ASBESTOS-CONTAINING PRODUCTS..
Category No. 20): All INFORMATION PERTAINING TO exemplars or representative samples
of each type of the following products YOU manufactured, sold, and/or otherwise distributed:
ASBESTOS-CONTAINING PRODUCTS.
Category No. 21): All INFORMATION PERTAINING TO the sale, distribution and/or supply
of ASBESTOS-CONTAINING PRODUCTS to work sites on Exhibit A attached hereto, 1935-
1985, including but not limited to, invoices, purchase orders, correspondence, sales orders,
requests for production, grant applications, customer lists, and/or customer service records.
Category No, 22): All INFORMATION PERTAINING TO the deliveries of YOUR
ASBESTOS-CONTAINING PRODUCTS to any and all national suppliers and distributors from
1935 ta 1985, including but not limited to, mvoices, purchase orders, correspondence, sales
orders, requests for productions, grant applications, customer lists, customer service records,
contracts, and agreements.
Category No. 23): All INFORMATION PERTAINING TO the design of YOUR ASBESTOS-
CONTAINING PRODUCTS manufactured, distributed, supplied and/or marketed by YOU from
1935 to 1985, including but not limited to, manuals, specifications, drawings, blueprints, plant
design and layout, engineering reports, quality control reports, safety evaluations, and/or reports.
Category No. 24): All INFORMATION PERTAINING TO asbestos-use surveys, inventories, o
other reports of any kind that were prepared at any time for the purpose of determining the nature
and extent of the usage of asbestos-containing materials by YOU in the manufacture of YOUR
ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985.
Category No. 25): All INFORMATION PERTAINING TO all studies, surveys, reports, or
information of any kind that were prepared at any time for the purpose of determining a
substitute for the use of asbestos-containing materials in the manufacture of YOUR
ASBESTOS-CONTAINING PRODUCTS,
AMENDED NOTICE OF TAKING DEFOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND
CUSTODIANS) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCEMENTS
Page 11bene
w
Category No. 26): All patents and patent applications that refer or relate to the asbestos-
containing materials that YOU acquired, manufactured, distributed, or sold from 1935 to 1985.
Category No. 27): All INFORMATION PERTAINING TO YOUR membership in trade and/or
industry organizations.
Category No. 28): All INFORMATION that demonstrates, reflect or otherwise provide any
basis that DECEDENT was exposed to YOUR ASBESTOS-CONTAINING PRODUCTS.
Category No. 29): All INFORMATION referenced in YOUR responses and supplemental
responses to Standard Plaintiff Interrogatories to Defendants which were previously served by
YOU pursuant to San Francisco Superior Court General Order Nos. 29 and 129.
Category No. 30): All INFORMATION PERTAINING TO YOUR responses and supplemental
responses to Standard Plaintiff Interrogatories to Defendants which were previously served by
YOU pursuant to Los Angeles County General Order 17.
Category No. 31): All INFORMATION PERTAINING TO the depositions of YOUR current
and former corporate representatives, corporate officers, management, employees and/or agents
taken in connection with asbestos litigation, including but not limited to transeripts, exhibits and
INFORMATION produced at such depositions.
Category No, 32): All INFORMATION previously produced by YOU in connection with
asbestos litigation, including but not limited to transcripts, exhibits and INFORMATION
produced at depositions involving any of DECEDENT’s job sites, including but not limited
to those set forth on attached Exhibit A.
Category No. 33): All INFORMATION PERTAINING TO depositions given by YOUR current
and former persons most knowledgeable in asbestos litigation, including but not limited to
transcripts, exhibits and documents produced at such depositions.
Category No. 34); All INFORMATION PERTAINING TO depositions given by YOUR current
and former custodians of records in asbestos litigation, including but not limited to transcripts,
exhibits and documents produced at such depositions.
Category No. 35): All INFORMATION PERTAINING TO the intended USE or purpose of
YOUR ASBESTOS-CONTAINING PRODUCTS.
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES 1NC,'S PERSON(S) MOST KNOWLEDGEABLE AND_
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 12Category No. 36): All INFORMATION PERTAINING TO DECEDENT, including
employment and medical records.
Category No. 37): All INFORMATION PERTAINING TO co-workers of DECEDENT or
other employees at DECEDENT’s job sites, including those set forth on attached Exhibit A,
1935-1985.
Category No. 38): All INFORMATION, including name, contact information, and relationship,
PERTAINING TO other persons who may have information responsive to this deposition
notice.
Category No. 39); All INFORMATION, including name, contact information, and relationship,
PERTAINING TO any person or entity performing work at DECEDENT’s job sties, including
those set forth on Exhibit A, attached hereto, 1935-1985.
Category No: 40); All INFORMATION PERTAINING TO YOUR affirmative defenses as set
forth in YOUR Answer filed in the above-captioned matter.
Category No, 41): All INFORMATION PERTAINING TO ASBESTOS-CONTALNING
PRODUCTS, including but not limited to YOUR ASBESTOS CONTAINING PRODUCTS,
present, installed, removed, or otherwise disturbed at the vessels or jobsites listed on attached
Exhibit A between 1935-1985.
Category No.42): All INFORMATION PERTAINING TO Material Safety Data Sheets
(MSDS) for your ASBESTOS-CONTAINING PRODUCTS.
Category No. 43): All INFORMATION PERTAINING TO YOUR affirmative defenses as set
froth in YOUR Answer filed in the above-captioned matter.
Dated: July 19, 2007 KELLER, FISHBACK & JACKSON LLP
By /s! Stephen Fishback
Stephen Fishback
Attorneys for Plaintiffs
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND
‘CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 13EXHIBIT A
US. Navy, 1940- 1960
Hunters Point Naval Shipyard, San Francisco, California, 1960-1973
Mare Island Naval Shipyard, 1960-1973,
Alameda Naval Air Station, Alameds, California, 1973-1980
Allan instrament Company, Inc., San Francisco, California, 1981-1982
Gyro Marine Tnstrument, Inc., San Francisco, California, 1982-1985
USS Topeka CLG-8;
USS Chicago CG-11;
USS Saratoga CV-3;
USS Ranger CV-4;
USS Yorktown CV-5;
USS Intrepid CV-11;
USS Homet CV-12;
USS Perch $S-176;
USS Salmon;
USS Growler SS-215;
USS Trigger SS-237;
USS Sea lion S$-315;
USS Enterprise CV-6;
‘USS Coral Sea;
‘USS Midway;
‘USS Buck:
USS Oriskany;
USS Hammer;
USS Chicago;
USS Higbee;
USS Ranger;
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES ING?S PERSON) MOST KNOWLEDGEABLE AND
CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 141 | USs Roanoke;
2. | uss Rowan;
USS Baltimore;
4, | USS Burton Island;
USS Chicago;
6 | USS Pomp Frits
7, | USS Oklahoma City:
‘USS Craig;
8 8
USS Fullan;
9
USS Gen. A. E, Anderson;
10
USS Hancock;
ll
USS Hanson;
12
‘USS Hudson;
13
‘USS Isherwood
14 .
USS Kansas City;
'S Juss ravatlete;
16 Vuss Long Beach;
7
USS Maryland;
18 Luss Mauna Kea;
19 uss Midway;
20 | uss Procyon;
21 | uss pyro:
22 | USS Roanoke;
23 | USS Salmon;
24. | USS Scabbardtish;
25. JUSS Spery;
26 USS Volador;
97 [USS Warrick;
USS Worchester
AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.’S PERSONG) MOST KNOWLEDGEABLE AND
‘CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS
Page 15PROOF OF SERVICE
Case: Scott. et al, v. AC&S, Inc., et al
SFSC Case No. 443236)
1am over the age of cighteen years and am employed in the county of Los Angeles, state of
California. [am employed at KELLER, FISHBACK & JACKSON LLP, a law firm with
principals who are members of the Bar of the state of California, and I made the service referred to
‘below at their direction. My business address is 28720 Roadside Drive, Suite 201 Agoura Hills,
CA 91301
On July 19, 2007 I served (a) true copy(ies) of:
AMENDED NOTICE OF TAKING OF DEPOSITION OF IMO INDUSTRIES, INC."S
PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND
REQUEST FOR PRODUCTION OF DOCUMENTS.
[C-CP. §2025.010, et seq]
fl FIRST-CLASS MAIL _ by depositing the same for collection and mailing at Agoura
Hills, California, on the date set forth in this Proof of Service, in (a) scaled envelope(s) with the
postage thereon fully prepaid and addressed as shown below.
I] __ EXPRESS SEUPMENT/OVERNIGHT COURIER _ marked for next-day delivery and|
‘by depositing the same for collection and mailing at Agoura Hills, California, on the date set forth
in this Proof of Service, in }a) sealed envelope(s) with the postage thereon fully prepaid, addressed
as shown below.
Ul PERSONAL SERVICE I personally delivered the document(s) listed above to:
Il VIA FACSIMILE by transmitting the same via facsimile to the party(ies) listed below
using the facsimile number(s) listed beneath each name as shown below. | caused the machine
to print a transmission report of the transmission(s) confirming that the facsimile(s) was/were
sent and received without error.
IX] _ VIA ELECTRONIC SERVICE at Lexis Nexis File and Serve pursuant to CCP
§1010.6, CRC 2060, and San Francisco Superior Court Amended Asbestos General Order
Number 158 by transmitting completely and without error the same via electronic mail through
approved vendor to the partyfies) listed below.
Howard, Rome, Martin & Ridley
1775 Woodside Road, Suite 200
Redwood City, CA 94061-3436
Ihave prepared the copy(ies) and/or the envelope(s) containing the copy(ies) to be served
scotdance with the manner described above for delivery in accordance with normal practices.
I further certify that | am fully familiar with the regular business practices of Keller, Fishback &
Jackson LLP and I know the firm's procedures to be safe and reliable for delivery of said
document(s) as described above.
I certify under penalty of perjury, under the laws of the state of California and the United
States of America, that the foregoing is tne and correct.
Executed on July 19, 2007 at Agoura Hills, California.
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200861EXHIBIT VVKELLER, FISHBACK & JACKSON LLP
New Yorn + Los ANGELES + SAN FRANCISCO
July 30, 2007
VIA FACSIMILE:
Howard, Rome, Martin & Ridley
Fred Gatt, Esq
1775 Woodside Road, Suite 200
Redwood City, CA, 94061-3436
Re: — Scott v. AC and §, Ine., ct al.
SFSC Case No.: 443236
Your Client: IMO Industries, Inc., formerly known as IMO DeLayal Turbine, Inc.
Dear Mr. Gatt:
‘Thank you for discussing producing your client’s Person Most Knowledgeable and
Custodian of Records on plaintiffs’ notice in the above-captioned matter. As | understand it, you
will be seeking potential dates for said deposition so that it can occur by the end of August.
Plaimtifls obviously request the soonest available date and we are amenable to discussing out of
state locations, but we cannot promise that we can accommodate any such requests.
1am hopeful that we can resolve this matter without court intervention and to that end I
will contact you later this week again. If we are unable to find agreeable terms in the immediate
future, then plaintiffs will be filing a motion to compel on shortened time considering the
pending trial date of this matter.
Thank you again for your anticipated cooperation and assistance with this matter.
With kind regards,
isi
Stephen Fishback
28720 ROADSIDE DRIVE, SUITE 201~ AGOURA HILLS, CALIFORNIA 91301
PH: 818.879.8033
Fax! 818.292.8891
WWW.KFULEGAL.COM
Preview
v Row Stephen M. Fishback, Esq. (State Bar No. 191646) Daniel L. Keller, Esq. (State Bar No. 191738) ELECTRONICALLY KELLER, FISHBACK & JACKSON LLP FILED 28720 Roadside Drive, Suite 201 Superior Coutt of Calforne, Agoura Hills, CA 91301 County of San Francisco Telephone: 818.879.8033 Facsimile: 818.292,8891 AUG 03 2007 GORDON PARK-LI, Clerk Attorneys for Plaintifts By: WLAN a Sepaty clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO NANCY MARIE SCOTT, Individually and |Case No. 443236 Suceessor-in-Interest to DENZIL SCOTT, Decedent; JOANNE MARIE WOLFARTH; | EXHIBITS UU-VV MICHAEL GERALD SCOTT; ROBERT DAVID SCOTT: THOMAS CARY SCOTT; MARIE DENISE SOBOLIK, Plaintiffs, vs. AC AND §, INC., et al., Defendants.EXHIBIT UUStephen M. Fishback, Esq, (State Bar No. 191646) Daniel L. Keller, £sq. (State Bar No. 191738) KELLER, FISHBACK & JACKSON LLP 28720 Roadside Drive, Suite 201 Agoura Hills, CA 91301 Telephone: 818.879.8033 Facsimile: 818.292.8891 Attomeys for Plaintiffs SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO NANCY MARIE SCOTT, individually and | Case No, 443236 Successor-in-Interest to DENZIL SCOTT, Decedent; JOANNE MARIE WOLFARTH;| AMENDED NOTICE OF TAKING OF MICHAEL GERALD SCOTT; ROBERT || DEPOSITION OF IMO INDUSTRIES, INC. DAVID SCOTT; THOMAS CARY PERSON(S) MOST KNOWLEDGEABLE SCOTT; MARIE DENISE SOBOLIK, AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF Plaintiffs, DOCUMENTS Ws. IC.C-P. § 2025.010, et seq] AC AND S§, INC., et al, Custodianfs) of Records: July 31, 2007, at 9:00 a.m. Person(s) Most Knowledgeable: Defendants. Joly 31, 2007, at 1:00 p.m. TO EACH PARTY AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on July 31, 2007, at the Holiday Inn, 1500 VanNess Ave., San Francisco, CA, plaintiffs will take the deposition of IMO INDUSTRIES INC., who shall designate and produce a Custodian of Records and who shalll designate and produce a Person(s) Most Knowledgeable. Said deposition will be recorded stenographically and by videotape and shall continue day to day until completed. Notice to relevant parties will be provided once the deposition has been confirmed. AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC'S PERSON) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 1YOU ARE HEREBY NOTIFIED that on July 31, 2007, at the Holiday Inn, 1500 VanNess Ave., San Francisco, CA, at 9:00 a.m., plaintiffs will take the deposition of the Custodian(s) of Records of IMO INDUSTRIES INC. regarding any information they may have relevant to the subject matter of this action, including, but not limited to, the authenticity of the documents described herein, Pursuant to C.C.P, § 2025.280, et seq, plaintiffs in the above- captioned action hereby request that [MO INDUSTRIES INC. bring to the deposition for inspection and copying by plaintiffs the documents and things described below. ‘This notice to produce specifically embraces, in addition to documents within the possession, custody, or control of said defendant, any and all documents within the possession, custody, or control of its agents, representatives or attorneys. This notice to produce also embraces originals, identical copies if the originals are unavailable, all non-identical copies (whether different from the original because of notes made on such copies or otherwise), electronic copies’files, and other documents deseribed herein. PLEASE TAKE FURTHER NOTICE that on July 31, 2007, at the Holiday Inn, 1500 VanNess Ave., San Francisco, CA, at 1:00 p.m., plaintiff will take the deposition of the Person(s) Most Knowledgeable or person(s) presently employed by IMO INDUSTRIES INC. who are most qualified and most knowledgeable about the matters set forth below, including, but not limited to, the authenticity of the documents described herein. California Code of Civil Procedure § 2025.010 et seg mandates that IMO INDUSTRIES INC., “designate and produce” the officers or employees “most qualified” to testify on its behalf as to knowledge of the matters set forth in this Notice of Deposition. The person(s) so designated by IMO INDUSTRIES INC. must testify “to the extent of any information known or reasonably available” to IMO INDUSTRIES INC. DEFINITIONS As used herein, the words “DOCUMENTS” or “WRITINGS” shall mean, without limitation, the following items, whether printed or recorded or reproduced or stored by any mechanical or electronic process, including microfilm, microfiche, electronic mail, electronic files, computer disk, CD-Rom, tape, or video, or written or produced by hand: any records, AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES ING"S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIANS) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 2contracts, agreements, job orders, communications, correspondence, telegrams, memoranda, summaries of records of telephone conversations, summaries of records of personal conversations or interviews, diaries, graphs, reports, notebooks, note charts, plans, specifications, drawings, illustrations, change orders, sketches, photographs, maps, minutes, summaries of records or meetings or conference, summaries or reports of investigations or negotiations, opinions or reports of consultants, written analysis reports, tape recordings, motion picture film, brochures, pamphlets, advertisements, product manuals, circulars, press releases, drafts, letters, any marginal comments appearing on any document, tags, signs, warnings, transcripts, bills, invoices, market surveys, inventories, papers, diagrams, statements or testimony of any nature, documents, treatises, theses, books or accounting, and any and all other writings as that term is defined by California Evidence Code, Section 250. As used herein, the words “INFORMATION? shall mean, without limitation, knowledge and experiences communicated or received concerning particular facts or circumstances, or gained through study, communication, research, instructions, or by any other method or ‘mechanism. The words “ASBESTOS” or “ASBESTOS-CONTAINING PRODUCTS” shall mean raw mineral asbestos or any products, materials, components, supplies or equipment which defendant, or defendant’s counsel knows or believes to contain or include any amount or percentage of the mineral asbestos in whole or in mixture with other products or materials. “PERTAINING TO” shall mean regarding, relating to, refecring to, referencing, touching upon, concerning, discussing, evidencing, supporting, identifying, describing, reflecting or resulting from the matter specified. As used herein “IMO INDUSTRIES INC..”, “YOU” and “YOUR” refer to IMO INDUSTRIES INC.., its board of directors, corporate officers, executives, managers, agents, employees, stockholders, subsidiaries, divisions and any and all predecessors-in-intercst, including but limited to Westinghouse Electric Corp. As used herein, “USE” and “USED” mean a method or manner of employing or applying something, consume, manipulate, put into scrvice or otherwise utilize. AMENDED NOTICE OF TAKING DEPOSITION OF LMO INDUSTRIES INC'S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN() OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 3As used herein, “DECEDENT” shall refer to Denzil Scott. DOCUMENTS TO BE PRODUCED Custodians) of Records: Category No.1: All DOCUMENTS PERTAINING TO YOUR document retention policy. Category No. 2: Al] DOCUMENTS PERTAINING TO YOUR corporate history and structure, including but not limited to, the identities of all of YOUR predecessors-in-interest and suceessors-in-interest. Category No.3: All DOCUMENTS, contracts, indemnity agreements, inventories, and similar DOCUMENTS PERTAINING TO the sale, acquisition, or dissolution by YOU of any company that was engaged in the manufacture, sale, supply, and/or distribution of ASBESTOS- CONTAINING PRODUCTS during the time period from YOUR inception to the present. Category No. 4: All DOCUMENTS PERTAINING TO the sale, distribution and/or supply of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985 including but not limited to, invoices, purchase orders, correspondence, sales orders, requests for production, grant applications, customer lists, customer service records and/or contracts and agreements. Category No. 5: All DOCUMENTS PERTAINING TO the manufacture of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985, including but not limited to, specifications, drawings, blueprints, plant design and layout, engineering reports, quality control reports, safety evaluations, and/or reports. Category No. 6: All DOCUMENTS PERTAINING TO the entities from whom YOU purchased or otherwise acquired ASBESTOS and ASBESTOS-CONTAINING PRODUCTS and/or component products from 1935 to 1985. Category No. 7: All DOCUMENTS PERTAINING TO product formulations, blueprints, specifications, quality contro] tests, or similar information that identifies the specific asbestos- containing raw materials and components used in YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 8): All DOCUMENTS PERTAINING TO the use of YOUR ASBESTOS- CONTAINING PRODUCTS from 1935 to 1985, including but not limited to, user manuals and AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 4instructions. Category No. 9: All material safety data sheets PERTAINING TO YOUR ASBESTOS- CONTAINING PRODUCTS and/or their component parts, as created from 1935 to 1985, Category No. 10: All DOCUMENTS PERTAINING TO when YOU first became aware of the hazards associated with asbestos exposure. Category No. 11: All DOCUMENTS, including but not limited to, warnings, directives, instructions, or other similar statements issued by YOU to YOUR employees, customers, or members of the general public PERTAINING TO YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 12): All DOCUMENTS PERTAINING TO the date in which YOU first placed any warnings on YOUR ASBESTOS-CONTAINING PRODUCTS concerning the health hazards associated with ASBESTOS. Category No. 13): All DOCUMENTS PERTAINING TO warranties YOU provided for YOUR. ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 14): All studies, reports, tests, and experiments that can demonstrate the amount of asbestos fibers that would be released during the use, maintenance, and/or repair of YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 15): All written reports, warnings, notices, communications, or similar DOCUMENTS from any manufacturer of any asbestos-containing materials that YOU received from 1935 to 1985 PERTAINING TO the hazards incident to the use of asbestos-containing materials. Category No. 16}: All written reports, warnings, notices, communications, or similar DOCUMENTS that YOU disseminated from 1935 to 1985 PERTAINING TO the hazards incident to the use of asbestos-containing materials or YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 17): All written claims (including, but not limited to, workers compensation claims and product liability claims) filed against YOU during the time period from YOUR inception to the present for exposure to asbestos or asbestos-containing materials. AMENDED NOTICE OF TAKING DEFOSITION OF IMO INDUSTRIES INC'S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIANG) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 5Category No. 18): All written reports or communications from YOUR workers compensation insurance cartier or product liability insurance carriers, PERTAINING TO the hazards incident to the use of asbestos-containing materials in YOUR ASBESTOS-CONTAINING PRODUCTS, during the time period from YOUR inception to the present. Category No. 19): All DOCUMENTS PERTAINING TO YOUR supply, manufacture, distribution and use of the following products: ASBESTOS-CONTAINING PRODUCTS. Category No. 20): An exemplar or representative sample of each type of the following products YOU manufactured, sold, and/or otherwise distributed: ASBESTOS-CONTAINING PRODUCTS. Category No. 21): All DOCUMENTS PERTAINING TO the sale, distribution and/or supply of ASBESTOS-CONTAINING PRODUCTS to work sites on Exhibit A attached hereto, 1935- 1985, including but not limited to, invoices, purchase orders, correspondence, sales orders, requests for production, grant applications, customer lists, and/or customer service records, Category No. 22): All DOCUMENTS PERTAINING TO the deliveries of YOUR ASBESTOS- CONTAINING PRODUCTS to any and all national suppliers and distributors from 1935 to 1985, including but not limited to, invoices, purchase orders, correspondence, sales orders, requests for productions, grant applications, customer lists, customer service records, contracts, and agreements. Category No, 23): All DOCUMENTS PERTAINING TO the design of YOUR ASBESTOS- CONTAINING PRODUCTS manufactured, distributed, supplied and/or marketed by YOU from 1935 to 1985, including but not limited to, manuals, specifications, drawings, blueprints, plant design and layout, engineering reports, quality control reports, safety evaluations, and/or reports. Category No. 24): intentionally omitted Category No. 25): All DOCUMENTS PERTAINING TO ASBESTOS-CONTAINING PRODUCTS, including but not limited to YOUR ASBESTOS CONTAINING PRODUCTS, present, installed, removed, or otherwise disturbed at the vessels listed on attached Exhibit A between 1935-1985, AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.’S PERSON) MOST KNOWLEDGEABLE AND ‘CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 6Category No. 26): All DOCUMENTS PERTAINING TO asbestos-use surveys, inventories, or other reports of any kind that were prepared at any time for the purpose of determining the nature and extent of the usage of asbestos-containing materials by YOU in the manufactire of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. : Category No, 27): All DOCUMENTS PERTAINING TO all studies, surveys, reports, ot information of any kind that were prepared at any time for the purpose of determining a substitute for the use of asbestos-containing materials in the manufacture of YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 28); All patents and patent applications that refer or relate to the asbestos- containing matcrials that YOU acquired, manufactured, distributed, or sold from 1935 to 1985. Category No. 29): All DOCUMENTS PERTAINING TO YOUR membership in trade and/or industry organizations. Category No. 30): All DOCUMENTS that demonstrate reflect or otherwise provide any basis that DECEDENT was exposed to YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 31): All DOCUMENTS referenced in YOUR responses and supplemental responses to Standard Plaintiff Interrogatorics to Defendants which wore previously served by ‘YOU pursuant to San Francisco Supcrior Court General Order Nos. 29 and 129. Category No. 32): All DOCUMENTS which are YOUR responses and supplemental responses to Standard Plaintiff Interrogatories to Defendants which were previously served by YOU pursuant to Los Angeles County General Order 17. Category No. 33): All DOCUMENTS PERTAINING TO the depositions of YOUR current and former corporate representatives, corporate officers, management, employees and/or agents taken in cormection with asbestos litigation, including but not limited to transcripts, exhibits and documents produced at such depositions. Category No. 34): All DOCUMENTS previously produced by YOU in connection with asbestos litigation, including but not limited to transcripts, exhibits and documents produced at depositions involving any of DECEDENT’s job sites, including but not limited to those set forth on attached Exhibit A AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC."S PERSONS) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 7Category No. 35): All DOCUMENTS PERTAINING TO depositions given by YOUR current and former persons most knowledgeable in asbestos litigation, including but not limited to transcripts, exhibits and documents produced at such depositions. Category No. 36): All DOCUMENTS PERTAINING TO depositions given by YOUR current and former custodians of records in asbestos litigation, including but not limited to transcripts, exhibits and documents produced at such depositions. Category No. 37): All DOCUMENTS PERTAINING TO the intended USE or purpose of YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 38); All DOCUMENTS PERTAINING TO DECEDENT including employment and medical records. Category No. 39): All DOCUMENTS PERTAINING TO co-workers of DECEDENT or other employees at DECEDENT’s job sites, including those set forth on attached Exhibit A, 1935- 1985. Category No. 40): All DOCUMENTS, including name, contact information, and relationship, PERTAINING TO other persons who may have information responsive to this deposition notice. Category No.'41); All DOCUMENTS, including name, contact information, and relationship, PERTAINING TO any person or entity performing work at DECEDENT’s job sties, including those set forth on Exhibit A, attached hereto, 1935-1985. Category No: 42: All DOCUMENTS PERTAINING TO YOUR affirmative defenses as set forth in YOUR Answer filed in the above-captioned matter. Category No.43): All DOCUMENTS PERTAINING TO Material Safety Data Sheets (MSDS) for your ASBESTOS-CONTAINING PRODUCTS. INFORMATION SOUGHT Person(s) Mast Knowledgeable: Category No. Lj: All INFORMATION PERTAINING TO YOUR document retention policy. AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND. CUSTODIANG) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 8Category No. 2): All INFORMATION PERTAINING TO YOUR corporate history and structure, including but not limited to, the identities of all of YOUR predecessors-in-interest and successors-in-interest. Category No. 3): All INFORMATION, contracts, indemnity agrcements, inventories, and similar INFORMATION PERTAINING TO the sale, acquisition, or dissolution by YOU of any company that was engaged in the manufacture, sale, supply, and/or distribution of ASBESTOS- CONTAINING PRODUCTS during the time petiod from YOUR inception to the present. Category No. 4): All INFORMATION PERTAINING TO the sale, distribution and/or supply of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985 including but not limited to, invoices, purchase orders, correspondence, sales orders, requests for production, grant applications, customer lists, customer service records and/or contracts and agreements. Category No. 5): All INFORMATION PERTAINING TO the manufacture of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985, including but not limited to, specifications, drawings, blueprints, plant design and layout, engineering reports, quality control reports, safety evaluations, and/or reports. Category No. 6): All INFORMATION PERTAINING TO the entities from whom YOU purchased or otherwise acquired ASBESTOS and ASBESTOS-CONTAINING PRODUCTS. and/or components from 1935 to 1985 Category No. 7): All INFORMATION PERTAINING TO product formulations, blueprints, specifications, quality control tests, or similar information that identifies the specific asbestos- containing raw materials and components used in YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 8}: All INFORMATION PERTAINING TO the use of YOUR ASBESTOS- CONTAINING PRODUCTS from 1935 to 1985, including but not limited to, user manuals and instructions. Category No. 9): All INFORMATION PERTAINING TO material safety data sheets PERTAINING TO YOUR ASBESTOS-CONTAINING PRODUCTS and/or their component parts, as created from 1935 to 1985. AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND_ CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 9Category No. 10): All INFORMATION PERTAINING TO when YOU first became aware of the hazards associated with asbestos exposure. Category No. 11): All INFORMATION, including but not limited to, warnings, directives, instructions, or other similar statemeats issued by YOU to YOUR employees, customers, or members of the general public PERTAINING TO YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 12): All INFORMATION PERTAINING TO the date in which YOU first placed any warnings on YOUR ASBESTOS-CONTAINING PRODUCTS concerning the health hazards associated with ASBESTOS. Category No, 13): All INFORMATION PERTAINING TO warranties YOU provided for YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 14): All INFORMATION PERTAINING TO studies, reports, tests, and experiments that can demonstrate the amount of asbestos fibers that would be released during the use, maintenance, and/or repair of YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 15): All INFORMATION PERTAINING TO reports, wamings, notices, communications, or similar INFORMATION from any manufacturer of any asbestos-containing materials that YOU received from 1935 to 1985 PERTAINING TO the hazards incident to the use of any asbestos-containing materials, Category No. 16): All INFORMATION PERTAINING TO written reports, warnings, notices, communications, or similar INFORMATION that YOU disseminated from 1935 to 1985 PERTAINING TO the hazards incident to the use of ASBESTOS-CONTAINING PRODUCTS. Category No. 17): All INFORMATION PERTAINING TO written claims (including, but not limited to, workers compensation claims and product liability claims) filed against YOU during the time period from YOUR inception to the present for exposure to asbestos or asbestos- containing materials. Category No. 18): All INFORMATION PERTAINING TO written reports or communications from YOUR workers compensation insurance carrier or product liability insurance carriers, PERTAINING TO the hazards incident to the usc of asbestos-containing matcrials in YOUR AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC'S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 10ASBESTOS-CONTAINING PRODUCTS during the time period from YOUR inception to the present. Category No. 19): All INFORMATION PERTAINING TO YOUR supply, manufacture, distribution and use of the following products: ASBESTOS-CONTAINING PRODUCTS.. Category No. 20): All INFORMATION PERTAINING TO exemplars or representative samples of each type of the following products YOU manufactured, sold, and/or otherwise distributed: ASBESTOS-CONTAINING PRODUCTS. Category No. 21): All INFORMATION PERTAINING TO the sale, distribution and/or supply of ASBESTOS-CONTAINING PRODUCTS to work sites on Exhibit A attached hereto, 1935- 1985, including but not limited to, invoices, purchase orders, correspondence, sales orders, requests for production, grant applications, customer lists, and/or customer service records. Category No, 22): All INFORMATION PERTAINING TO the deliveries of YOUR ASBESTOS-CONTAINING PRODUCTS to any and all national suppliers and distributors from 1935 ta 1985, including but not limited to, mvoices, purchase orders, correspondence, sales orders, requests for productions, grant applications, customer lists, customer service records, contracts, and agreements. Category No. 23): All INFORMATION PERTAINING TO the design of YOUR ASBESTOS- CONTAINING PRODUCTS manufactured, distributed, supplied and/or marketed by YOU from 1935 to 1985, including but not limited to, manuals, specifications, drawings, blueprints, plant design and layout, engineering reports, quality control reports, safety evaluations, and/or reports. Category No. 24): All INFORMATION PERTAINING TO asbestos-use surveys, inventories, o other reports of any kind that were prepared at any time for the purpose of determining the nature and extent of the usage of asbestos-containing materials by YOU in the manufacture of YOUR ASBESTOS-CONTAINING PRODUCTS from 1935 to 1985. Category No. 25): All INFORMATION PERTAINING TO all studies, surveys, reports, or information of any kind that were prepared at any time for the purpose of determining a substitute for the use of asbestos-containing materials in the manufacture of YOUR ASBESTOS-CONTAINING PRODUCTS, AMENDED NOTICE OF TAKING DEFOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIANS) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCEMENTS Page 11bene w Category No. 26): All patents and patent applications that refer or relate to the asbestos- containing materials that YOU acquired, manufactured, distributed, or sold from 1935 to 1985. Category No. 27): All INFORMATION PERTAINING TO YOUR membership in trade and/or industry organizations. Category No. 28): All INFORMATION that demonstrates, reflect or otherwise provide any basis that DECEDENT was exposed to YOUR ASBESTOS-CONTAINING PRODUCTS. Category No. 29): All INFORMATION referenced in YOUR responses and supplemental responses to Standard Plaintiff Interrogatories to Defendants which were previously served by YOU pursuant to San Francisco Superior Court General Order Nos. 29 and 129. Category No. 30): All INFORMATION PERTAINING TO YOUR responses and supplemental responses to Standard Plaintiff Interrogatories to Defendants which were previously served by YOU pursuant to Los Angeles County General Order 17. Category No. 31): All INFORMATION PERTAINING TO the depositions of YOUR current and former corporate representatives, corporate officers, management, employees and/or agents taken in connection with asbestos litigation, including but not limited to transeripts, exhibits and INFORMATION produced at such depositions. Category No, 32): All INFORMATION previously produced by YOU in connection with asbestos litigation, including but not limited to transcripts, exhibits and INFORMATION produced at depositions involving any of DECEDENT’s job sites, including but not limited to those set forth on attached Exhibit A. Category No. 33): All INFORMATION PERTAINING TO depositions given by YOUR current and former persons most knowledgeable in asbestos litigation, including but not limited to transcripts, exhibits and documents produced at such depositions. Category No. 34); All INFORMATION PERTAINING TO depositions given by YOUR current and former custodians of records in asbestos litigation, including but not limited to transcripts, exhibits and documents produced at such depositions. Category No. 35): All INFORMATION PERTAINING TO the intended USE or purpose of YOUR ASBESTOS-CONTAINING PRODUCTS. AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES 1NC,'S PERSON(S) MOST KNOWLEDGEABLE AND_ CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 12Category No. 36): All INFORMATION PERTAINING TO DECEDENT, including employment and medical records. Category No. 37): All INFORMATION PERTAINING TO co-workers of DECEDENT or other employees at DECEDENT’s job sites, including those set forth on attached Exhibit A, 1935-1985. Category No. 38): All INFORMATION, including name, contact information, and relationship, PERTAINING TO other persons who may have information responsive to this deposition notice. Category No. 39); All INFORMATION, including name, contact information, and relationship, PERTAINING TO any person or entity performing work at DECEDENT’s job sties, including those set forth on Exhibit A, attached hereto, 1935-1985. Category No: 40); All INFORMATION PERTAINING TO YOUR affirmative defenses as set forth in YOUR Answer filed in the above-captioned matter. Category No, 41): All INFORMATION PERTAINING TO ASBESTOS-CONTALNING PRODUCTS, including but not limited to YOUR ASBESTOS CONTAINING PRODUCTS, present, installed, removed, or otherwise disturbed at the vessels or jobsites listed on attached Exhibit A between 1935-1985. Category No.42): All INFORMATION PERTAINING TO Material Safety Data Sheets (MSDS) for your ASBESTOS-CONTAINING PRODUCTS. Category No. 43): All INFORMATION PERTAINING TO YOUR affirmative defenses as set froth in YOUR Answer filed in the above-captioned matter. Dated: July 19, 2007 KELLER, FISHBACK & JACKSON LLP By /s! Stephen Fishback Stephen Fishback Attorneys for Plaintiffs AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.'S PERSON(S) MOST KNOWLEDGEABLE AND ‘CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 13EXHIBIT A US. Navy, 1940- 1960 Hunters Point Naval Shipyard, San Francisco, California, 1960-1973 Mare Island Naval Shipyard, 1960-1973, Alameda Naval Air Station, Alameds, California, 1973-1980 Allan instrament Company, Inc., San Francisco, California, 1981-1982 Gyro Marine Tnstrument, Inc., San Francisco, California, 1982-1985 USS Topeka CLG-8; USS Chicago CG-11; USS Saratoga CV-3; USS Ranger CV-4; USS Yorktown CV-5; USS Intrepid CV-11; USS Homet CV-12; USS Perch $S-176; USS Salmon; USS Growler SS-215; USS Trigger SS-237; USS Sea lion S$-315; USS Enterprise CV-6; ‘USS Coral Sea; ‘USS Midway; ‘USS Buck: USS Oriskany; USS Hammer; USS Chicago; USS Higbee; USS Ranger; AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES ING?S PERSON) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 141 | USs Roanoke; 2. | uss Rowan; USS Baltimore; 4, | USS Burton Island; USS Chicago; 6 | USS Pomp Frits 7, | USS Oklahoma City: ‘USS Craig; 8 8 USS Fullan; 9 USS Gen. A. E, Anderson; 10 USS Hancock; ll USS Hanson; 12 ‘USS Hudson; 13 ‘USS Isherwood 14 . USS Kansas City; 'S Juss ravatlete; 16 Vuss Long Beach; 7 USS Maryland; 18 Luss Mauna Kea; 19 uss Midway; 20 | uss Procyon; 21 | uss pyro: 22 | USS Roanoke; 23 | USS Salmon; 24. | USS Scabbardtish; 25. JUSS Spery; 26 USS Volador; 97 [USS Warrick; USS Worchester AMENDED NOTICE OF TAKING DEPOSITION OF IMO INDUSTRIES INC.’S PERSONG) MOST KNOWLEDGEABLE AND ‘CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS Page 15PROOF OF SERVICE Case: Scott. et al, v. AC&S, Inc., et al SFSC Case No. 443236) 1am over the age of cighteen years and am employed in the county of Los Angeles, state of California. [am employed at KELLER, FISHBACK & JACKSON LLP, a law firm with principals who are members of the Bar of the state of California, and I made the service referred to ‘below at their direction. My business address is 28720 Roadside Drive, Suite 201 Agoura Hills, CA 91301 On July 19, 2007 I served (a) true copy(ies) of: AMENDED NOTICE OF TAKING OF DEPOSITION OF IMO INDUSTRIES, INC."S PERSON(S) MOST KNOWLEDGEABLE AND CUSTODIAN(S) OF RECORDS AND REQUEST FOR PRODUCTION OF DOCUMENTS. [C-CP. §2025.010, et seq] fl FIRST-CLASS MAIL _ by depositing the same for collection and mailing at Agoura Hills, California, on the date set forth in this Proof of Service, in (a) scaled envelope(s) with the postage thereon fully prepaid and addressed as shown below. I] __ EXPRESS SEUPMENT/OVERNIGHT COURIER _ marked for next-day delivery and| ‘by depositing the same for collection and mailing at Agoura Hills, California, on the date set forth in this Proof of Service, in }a) sealed envelope(s) with the postage thereon fully prepaid, addressed as shown below. Ul PERSONAL SERVICE I personally delivered the document(s) listed above to: Il VIA FACSIMILE by transmitting the same via facsimile to the party(ies) listed below using the facsimile number(s) listed beneath each name as shown below. | caused the machine to print a transmission report of the transmission(s) confirming that the facsimile(s) was/were sent and received without error. IX] _ VIA ELECTRONIC SERVICE at Lexis Nexis File and Serve pursuant to CCP §1010.6, CRC 2060, and San Francisco Superior Court Amended Asbestos General Order Number 158 by transmitting completely and without error the same via electronic mail through approved vendor to the partyfies) listed below. Howard, Rome, Martin & Ridley 1775 Woodside Road, Suite 200 Redwood City, CA 94061-3436 Ihave prepared the copy(ies) and/or the envelope(s) containing the copy(ies) to be served scotdance with the manner described above for delivery in accordance with normal practices. I further certify that | am fully familiar with the regular business practices of Keller, Fishback & Jackson LLP and I know the firm's procedures to be safe and reliable for delivery of said document(s) as described above. I certify under penalty of perjury, under the laws of the state of California and the United States of America, that the foregoing is tne and correct. Executed on July 19, 2007 at Agoura Hills, California. Alina Goga«vad amiss snom inna id 29g (0 {LA¥0) 6 85.°628-899-1 8 oH aHURg HIMDIEND SPLORSHIT m® DuISS ST SNONSHOT sn sy um, suns ony Rg PAIS ertwscer pie orgs Ada Nast? 500 61 EE (sated 91) SINAWN.DOM 40 NOTING HOH LSANDATA ANY SHOT 40 ISINVIEOISD ANY ATEVADEETIMONY ISOM ISINOSHHA $/9NT SARKIS ANT OFT 40 NOTTISOMHC 40 ONTAVL. 10 ozate9st Caysomy our § pam 58 ‘oyu ug 40 Fumo) um sv soo pa fy SYP SUL IKE Sug Su, 9H PEHO|D ROK YORE WORDESUEN SH SUBANON MEK o9=4 yoo uy 4 yo sa, Whsaoy wonawsued, 229! Bon tayo, a eZERH 28R Las oy CUI ‘aepsay 200861EXHIBIT VVKELLER, FISHBACK & JACKSON LLP New Yorn + Los ANGELES + SAN FRANCISCO July 30, 2007 VIA FACSIMILE: Howard, Rome, Martin & Ridley Fred Gatt, Esq 1775 Woodside Road, Suite 200 Redwood City, CA, 94061-3436 Re: — Scott v. AC and §, Ine., ct al. SFSC Case No.: 443236 Your Client: IMO Industries, Inc., formerly known as IMO DeLayal Turbine, Inc. Dear Mr. Gatt: ‘Thank you for discussing producing your client’s Person Most Knowledgeable and Custodian of Records on plaintiffs’ notice in the above-captioned matter. As | understand it, you will be seeking potential dates for said deposition so that it can occur by the end of August. Plaimtifls obviously request the soonest available date and we are amenable to discussing out of state locations, but we cannot promise that we can accommodate any such requests. 1am hopeful that we can resolve this matter without court intervention and to that end I will contact you later this week again. If we are unable to find agreeable terms in the immediate future, then plaintiffs will be filing a motion to compel on shortened time considering the pending trial date of this matter. Thank you again for your anticipated cooperation and assistance with this matter. With kind regards, isi Stephen Fishback 28720 ROADSIDE DRIVE, SUITE 201~ AGOURA HILLS, CALIFORNIA 91301 PH: 818.879.8033 Fax! 818.292.8891 WWW.KFULEGAL.COM