Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023
EXHIBIT 52
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023
McGivney, Kluger, Clark & Intoccia, P.C.
18 Columbia Turnpike, Suite 300
Florham Park, N.J. 07932
(973) 822-1110
SUPERIOR COURT OF NEW JERSEY
IN THE MATTER OF ALL ASBESTOS LAW DIVISION
LITIGATION VENUED IN MIDDLESEX CIVIL ACTION
COUNTY REGARDING
DOCKET No.: MID-L-52237-81AS
WHITTAKER, CLARK & DANIELS, INC. AMENDED RESPONSES TO FORM B
AND C INTERROGATORIES ON
BEHALF OF DEFENDANT, WHITTAKER,
CLARK & DANIELS, INC.
PRELIMINARY STATEMENT
Defendant, Whittaker, Clark & Daniels, Inc., (hereinafter “Whittaker” or “Defendant”)
hereby responds to Plaintiff’s Form B and C Interrogatories. Whittaker has made a good faith
effort to respond to Plaintiff’s Form B and C Interrogatories (hereinafter “Discovery Requests”).
In making such responses, Whittaker does not purport to have adopted, applied or assumed the
improper unproven and hypothetical facts or to have accepted the terminology or substance of
Plaintiff’s claims incorporated in, implied and/or alluded to with Plaintiff’s Discovery Requests.
The responses to Plaintiff’s Discovery Requests were prepared by Defense Counsel with
the assistance of Dennis St. George, Esq. Several of Plaintiff’s Discovery Requests inquire
about Whittaker’s procedures, practices and matters that took place decades ago and, as such,
the information contained in these responses may appear to be incomplete or no longer
available. Nevertheless, Whittaker has made a good faith effort to fully investigate all relevant
facts and circumstances and the following responses are based upon this investigation.
Whittaker cannot exclude the possibility that any continued investigation may reveal more
complete information, as such, Whittaker reserves the right to supplement these responses in
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023
1. The relationship between Defendant and each such entity;
2. The date each such relationship began and terminated;
3. The names and addresses of each such entity's corporate officers
and Board of Directors; and
4. The names and addresses of your corporate officers and Board of
Directors.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, beginning sometime in the 1930s, Whittaker was a
supplier of chrysotile asbestos fiber mined by Asbestos Corporation Limited. In
approximately 1971 or 1972, Whittaker ceased supplying asbestos fiber. In approximately
January of 1976 this supplier relationship was terminated due to inactivity over the
course of years. Whittaker was never in the business of manufacturing and/or
distributing “asbestos-containing products” as the term is used in the present litigation.
Rather, the business of Whittaker was the supply of raw materials and pigments to
manufacturers of various finished products.
B5. From the year 1925 until the present, identify and state the address of any
organization in which Defendant, its officers, agents or employees have belonged, having
anything to do with setting standards, regulations or the conducting of research into the use of
asbestos, asbestos products or asbestos fibers.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, to the best of Defendant’s knowledge, Defendant has no
records to indicate membership in any trade organizations, associations or other entities
having anything to do with setting standard, regulation or the conducting of research
into the use of asbestos, asbestos products or asbestos fibers.
B6. Has Defendant ever been a member of or affiliated with any trade groups,
professional associations or organizations? If so, identify each such group, association or
organization and set forth the inclusive dates of Defendant's membership in each.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, Whittaker was a member of the Cosmetic, Toiletry, and
Fragrance Association (CTFA), to the best of its knowledge beginning sometime around
1971. WCD’s membership with the CTFA was based on its selling and/or distributing talc
to be utilized by others in the manufacturing of cosmetic products and/or other cosmetic
talcum powders for personal, consumer use. WCD was also a member of DCAT (Drug,
Chemical and Allied Trades Association) since 1972, National Paint & Coatings
Association, New York Paint & Coatings Association, Salesmen’s Association of the
American Chemical Industry, Inc. since 1972 , Society of Cosmetic Chemists, The
Chemists’ Club of New York, Toilet Goods Association since 1952, Chicago Paint
Society, American Ceramic Society, Society of Plastic Engineers, Society of the Plastic
Industry, National Paint , Varnish and Lacquer Association since 1952, New York Paint &
Lacquer Association since 1952, American Society for Testing Materials since 1952,
American Institute of Mining and Metallurgical Engineers since 1952, American Ceramic
Association since 1952, New Jersey Manufacturers Association since 1952, National
Council of American Importers and Drug since 1952, Chemical and Allied Trades Section
since 1952, New York Board of Trade’s Inc. since 1952, Associated Manufacturers of
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Toilet Articles, Merchants Association of New York, Mineral Products Association of
America and Associated Industries of New York State.
B7. Has Defendant ever been a member of or affiliated with the Asbestos Textile
Institute? If so, indicate when your company was affiliated or was a member of this
organization?
Answer: See Preliminary Statement and General Objections. Moreover, Whittaker
objects to this Interrogatory on the basis that it seeks information that is irrelevant
and/or immaterial to the current proceeding and is not reasonably calculated to lead to
the discovery of relevant and/or admissible evidence. Subject to and without waiving
any objections, Whittaker has no knowledge of ever being a member of the Asbestos
Textile Institute.
B8. Does your company publish or distribute a manual or booklet which describes the
nature of the business that Defendant is engaged in? If so, set forth the title of such manual or
booklet, indicate when it was published and attach a copy of same hereto.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, Whittaker at one time distributed a brochure entitled
“Call on Whittaker for Minerals, Colors, Pigments.”
B9. Has any employee or representative of your corporation ever attended a
conference or meeting of the Asbestos Textile Institute? If so, identify each such individual who
attended these conferences or meetings and set forth the dates on which each such individual
went to such a conference or meeting.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, it is unknown at this time if any employee and/or
representative of Whittaker has ever attended a conference and/or meeting of the
Asbestos Textile Institute.
B10. Has your company ever been a member of, been affiliated with or provided
funding for the Industrial Hygiene Foundation? If so, indicate when your company was a
member or affiliate of this organization and set forth the dates, if applicable, when you provided
funding to this organization.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, it is unknown if Whittaker has ever been a member of,
affiliated with, and/or provided funding for the Industrial Hygiene Foundation.
B11. Does your company have a Board of Directors?
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, Whittaker has a Board of Directors.
B12. Does your company's Board of Directors conduct meetings?
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b. The name and address of each and every entity that you purchased the
asbestos fiber from;
c. The nature and types of products that your company used asbestos fiber
for; and
d. The type of asbestos fiber that your company purchased.
Answer: See Preliminary Statement and General Objections. Subject to and
without waiving any objections, see response to B4.
C2. Does Defendant have or has it had any plants, factories or production facilities
located in the State of New Jersey which were or are engaged in the importation, manufacture,
processing, converting, compounding, packaging, distribution, and/or sale of asbestos,
asbestos-containing products, and/or asbestos-containing insulation products? If so, for each
such plant, factory or facility which is or has been located in New Jersey, set forth the following
information:
a. The name and address of each such plant, factory or production facility;
b. The inclusive dates that each plant, factory or facility existed; and
c. A complete and detailed description of all products that each plant,
factory or production facility was engaged in producing (include in your
description the type of product and its generic and trade name).
Answer: See Preliminary Statement and General Objections. Whittaker further
objects as it was not a manufacturer, importer, processor, converter, compounder,
packager, distributor or seller of “asbestos-containing products” or “asbestos-
containing insulation products”. Subject to and without waiving any objections,
Whittaker’s original facility was in New York, New York, then South Kearney, New Jersey
and then moved to South Plainfield, New Jersey in approximately 1971. See also
Defendant’s response to Interrogatory B4.
C3. Indicate which asbestos products and asbestos materials manufactured and
distributed by the Defendant are or were classified as "insulating materials".
Answer: See Preliminary Statement and General Objections. Subject to and
without waiver of any objections, none. See also Defendant’s response to Interrogatory
B4, above.
C4. With reference to the preceding question, give a full and complete description of
the purposes for which Defendant's asbestos-containing insulating material were designed.
Answer: See Preliminary Statement and General Objections. Subject to and with
waiving any objections, not applicable. See response to Interrogatory C3, above.
C5. Set forth the name and address of each and every entity that your company
purchased or received asbestos fibers from which was utilized in the manufacture of your
company's asbestos-containing insulation products. Include in your answer the inclusive dates
that your company purchased asbestos from each such entity.
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FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023
CERTIFICATION IN LIEU OF OATH OR AFFIDAVIT
I hereby certify that the foregoing statements made by me in the attached interrogatories
are true to the best of my knowledge. The information supplied in these answers is not based
solely on the knowledge of the executing party, but includes knowledge of the company, its
party, its agents, its servants, employees and attorneys unless privileged. The word usage and
sentence structure may be that of the attorney or counsel assisting in the preparation of these
answers to interrogatories and thus does not necessarily purport to be the precise language of
the executing party.
Furthermore, I hereby certify that the copies of the reports and documents annexed
hereto are exact and complete copies of the entire report or reports; that the existence of other
documents and reports, either written or oral, are unknown to me or the answering party. If
such documents become later known or available I shall serve them promptly on the
propounding party. I am aware that if any of the foregoing statements made by me are willfully
false, the executing party is subject to punishment.
________________________________________
DENNIS ST. GEORGE
Title: Authorized Representative
On behalf of Whittaker, Clark & Daniels, Inc.
Dated: December 13, 2022
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Preview
FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023 EXHIBIT 52 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023 McGivney, Kluger, Clark & Intoccia, P.C. 18 Columbia Turnpike, Suite 300 Florham Park, N.J. 07932 (973) 822-1110 SUPERIOR COURT OF NEW JERSEY IN THE MATTER OF ALL ASBESTOS LAW DIVISION LITIGATION VENUED IN MIDDLESEX CIVIL ACTION COUNTY REGARDING DOCKET No.: MID-L-52237-81AS WHITTAKER, CLARK & DANIELS, INC. AMENDED RESPONSES TO FORM B AND C INTERROGATORIES ON BEHALF OF DEFENDANT, WHITTAKER, CLARK & DANIELS, INC. PRELIMINARY STATEMENT Defendant, Whittaker, Clark & Daniels, Inc., (hereinafter “Whittaker” or “Defendant”) hereby responds to Plaintiff’s Form B and C Interrogatories. Whittaker has made a good faith effort to respond to Plaintiff’s Form B and C Interrogatories (hereinafter “Discovery Requests”). In making such responses, Whittaker does not purport to have adopted, applied or assumed the improper unproven and hypothetical facts or to have accepted the terminology or substance of Plaintiff’s claims incorporated in, implied and/or alluded to with Plaintiff’s Discovery Requests. The responses to Plaintiff’s Discovery Requests were prepared by Defense Counsel with the assistance of Dennis St. George, Esq. Several of Plaintiff’s Discovery Requests inquire about Whittaker’s procedures, practices and matters that took place decades ago and, as such, the information contained in these responses may appear to be incomplete or no longer available. Nevertheless, Whittaker has made a good faith effort to fully investigate all relevant facts and circumstances and the following responses are based upon this investigation. Whittaker cannot exclude the possibility that any continued investigation may reveal more complete information, as such, Whittaker reserves the right to supplement these responses in {F2554700-1} FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023 1. The relationship between Defendant and each such entity; 2. The date each such relationship began and terminated; 3. The names and addresses of each such entity's corporate officers and Board of Directors; and 4. The names and addresses of your corporate officers and Board of Directors. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, beginning sometime in the 1930s, Whittaker was a supplier of chrysotile asbestos fiber mined by Asbestos Corporation Limited. In approximately 1971 or 1972, Whittaker ceased supplying asbestos fiber. In approximately January of 1976 this supplier relationship was terminated due to inactivity over the course of years. Whittaker was never in the business of manufacturing and/or distributing “asbestos-containing products” as the term is used in the present litigation. Rather, the business of Whittaker was the supply of raw materials and pigments to manufacturers of various finished products. B5. From the year 1925 until the present, identify and state the address of any organization in which Defendant, its officers, agents or employees have belonged, having anything to do with setting standards, regulations or the conducting of research into the use of asbestos, asbestos products or asbestos fibers. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, to the best of Defendant’s knowledge, Defendant has no records to indicate membership in any trade organizations, associations or other entities having anything to do with setting standard, regulation or the conducting of research into the use of asbestos, asbestos products or asbestos fibers. B6. Has Defendant ever been a member of or affiliated with any trade groups, professional associations or organizations? If so, identify each such group, association or organization and set forth the inclusive dates of Defendant's membership in each. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, Whittaker was a member of the Cosmetic, Toiletry, and Fragrance Association (CTFA), to the best of its knowledge beginning sometime around 1971. WCD’s membership with the CTFA was based on its selling and/or distributing talc to be utilized by others in the manufacturing of cosmetic products and/or other cosmetic talcum powders for personal, consumer use. WCD was also a member of DCAT (Drug, Chemical and Allied Trades Association) since 1972, National Paint & Coatings Association, New York Paint & Coatings Association, Salesmen’s Association of the American Chemical Industry, Inc. since 1972 , Society of Cosmetic Chemists, The Chemists’ Club of New York, Toilet Goods Association since 1952, Chicago Paint Society, American Ceramic Society, Society of Plastic Engineers, Society of the Plastic Industry, National Paint , Varnish and Lacquer Association since 1952, New York Paint & Lacquer Association since 1952, American Society for Testing Materials since 1952, American Institute of Mining and Metallurgical Engineers since 1952, American Ceramic Association since 1952, New Jersey Manufacturers Association since 1952, National Council of American Importers and Drug since 1952, Chemical and Allied Trades Section since 1952, New York Board of Trade’s Inc. since 1952, Associated Manufacturers of {F2554700-1}5 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023 Toilet Articles, Merchants Association of New York, Mineral Products Association of America and Associated Industries of New York State. B7. Has Defendant ever been a member of or affiliated with the Asbestos Textile Institute? If so, indicate when your company was affiliated or was a member of this organization? Answer: See Preliminary Statement and General Objections. Moreover, Whittaker objects to this Interrogatory on the basis that it seeks information that is irrelevant and/or immaterial to the current proceeding and is not reasonably calculated to lead to the discovery of relevant and/or admissible evidence. Subject to and without waiving any objections, Whittaker has no knowledge of ever being a member of the Asbestos Textile Institute. B8. Does your company publish or distribute a manual or booklet which describes the nature of the business that Defendant is engaged in? If so, set forth the title of such manual or booklet, indicate when it was published and attach a copy of same hereto. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, Whittaker at one time distributed a brochure entitled “Call on Whittaker for Minerals, Colors, Pigments.” B9. Has any employee or representative of your corporation ever attended a conference or meeting of the Asbestos Textile Institute? If so, identify each such individual who attended these conferences or meetings and set forth the dates on which each such individual went to such a conference or meeting. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, it is unknown at this time if any employee and/or representative of Whittaker has ever attended a conference and/or meeting of the Asbestos Textile Institute. B10. Has your company ever been a member of, been affiliated with or provided funding for the Industrial Hygiene Foundation? If so, indicate when your company was a member or affiliate of this organization and set forth the dates, if applicable, when you provided funding to this organization. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, it is unknown if Whittaker has ever been a member of, affiliated with, and/or provided funding for the Industrial Hygiene Foundation. B11. Does your company have a Board of Directors? Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, Whittaker has a Board of Directors. B12. Does your company's Board of Directors conduct meetings? {F2554700-1}6 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023 b. The name and address of each and every entity that you purchased the asbestos fiber from; c. The nature and types of products that your company used asbestos fiber for; and d. The type of asbestos fiber that your company purchased. Answer: See Preliminary Statement and General Objections. Subject to and without waiving any objections, see response to B4. C2. Does Defendant have or has it had any plants, factories or production facilities located in the State of New Jersey which were or are engaged in the importation, manufacture, processing, converting, compounding, packaging, distribution, and/or sale of asbestos, asbestos-containing products, and/or asbestos-containing insulation products? If so, for each such plant, factory or facility which is or has been located in New Jersey, set forth the following information: a. The name and address of each such plant, factory or production facility; b. The inclusive dates that each plant, factory or facility existed; and c. A complete and detailed description of all products that each plant, factory or production facility was engaged in producing (include in your description the type of product and its generic and trade name). Answer: See Preliminary Statement and General Objections. Whittaker further objects as it was not a manufacturer, importer, processor, converter, compounder, packager, distributor or seller of “asbestos-containing products” or “asbestos- containing insulation products”. Subject to and without waiving any objections, Whittaker’s original facility was in New York, New York, then South Kearney, New Jersey and then moved to South Plainfield, New Jersey in approximately 1971. See also Defendant’s response to Interrogatory B4. C3. Indicate which asbestos products and asbestos materials manufactured and distributed by the Defendant are or were classified as "insulating materials". Answer: See Preliminary Statement and General Objections. Subject to and without waiver of any objections, none. See also Defendant’s response to Interrogatory B4, above. C4. With reference to the preceding question, give a full and complete description of the purposes for which Defendant's asbestos-containing insulating material were designed. Answer: See Preliminary Statement and General Objections. Subject to and with waiving any objections, not applicable. See response to Interrogatory C3, above. C5. Set forth the name and address of each and every entity that your company purchased or received asbestos fibers from which was utilized in the manufacture of your company's asbestos-containing insulation products. Include in your answer the inclusive dates that your company purchased asbestos from each such entity. {F2554700-1}18 FILED: NEW YORK COUNTY CLERK 07/10/2023 10:29 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 137 RECEIVED NYSCEF: 07/10/2023 CERTIFICATION IN LIEU OF OATH OR AFFIDAVIT I hereby certify that the foregoing statements made by me in the attached interrogatories are true to the best of my knowledge. The information supplied in these answers is not based solely on the knowledge of the executing party, but includes knowledge of the company, its party, its agents, its servants, employees and attorneys unless privileged. The word usage and sentence structure may be that of the attorney or counsel assisting in the preparation of these answers to interrogatories and thus does not necessarily purport to be the precise language of the executing party. Furthermore, I hereby certify that the copies of the reports and documents annexed hereto are exact and complete copies of the entire report or reports; that the existence of other documents and reports, either written or oral, are unknown to me or the answering party. If such documents become later known or available I shall serve them promptly on the propounding party. I am aware that if any of the foregoing statements made by me are willfully false, the executing party is subject to punishment. ________________________________________ DENNIS ST. GEORGE Title: Authorized Representative On behalf of Whittaker, Clark & Daniels, Inc. Dated: December 13, 2022 {F2554700-1}