LEVY KONIGSBERG LLP ATTORNEYS AT LAW 800 THIRD AVENUE , NY. 10022 (212) 605-6200 OTHER OFFICES; OFFICE FAX: (212) 605-6290 QUAXEREIREDGE EXECUTIVE CENTER WWW.LE:VYLAW.COM ATLANTA, GA I Oi GROVERS MILL ROAD ALBANY, NY LAWRENCEVILLE, NJ 08648 TELEPHONE: (609) 720-0400 FAX (609) 720-0457

December 2. 2014

Via Email and Facsimile Nora Grimbergen, Esq. Mare Caffrey, Esq. Hoagland, Longo, Moran, Dunst & Doukas, LLP 40 Paterson Street P.O. Box 480 New Brunswick, NJ 08903 to Mineral Re: Gilvin v. Brenntag North America, as a successor-in-interest Clark & Pigment Solutions, Inc. as successor-in-interest to Whittaker, Daniels, Inc., et al. Docket No.: MID-L-6187-14AS

Dear Counsel: and Document Requests to Enclosed please find Plaintiffs' Supplemental Interrogatories Please respond to these Defendant WHITTAKER, CLARK & DANIELS, INC. deadline. Interrogatories and Document Demands by the Court-prescribed Very truly yours, LEVY iKONIGSBERG LLP

itpuren Di Stefano LFarai egal

Enclosures cc: All Counsel (via email only)

EXHIBIT {00351695.DOCX}

/6 v2 3 lt5/1, Szaferman, Lakind, Blumstein & Blader, P.C. 101 Groyers Mill Road, Suite 200 Lawrenceville, Ñ.J. 08648 (609) 275 -0400

Levy Konigsberg, LLP 101 Grovers Mill Road, Suite 200 Lawrenceville, N.J. 0 8648 (609) 720 -0400

Attorneys for Plaintiffs AND WILEY GILV'IN, JANET GILVIN SUPERIOR COURT OF NEW JERSEY LAW DIVISION, MÍDDLESEX COUNTY

Plaintiff(s), DOCKET 'NO. MID -L- 6187 -14AS'

Civil Action Litigation PLAINTIFFS' SUPPLEMENTAL INTERROGATORIES AND BRENNTAG. NORTH AMERICA, as a DOCUMENT REQUESTS TO successor-in- interest to Mineral Pigment DEFENDANT Solutions, Inc. as successor-in- interest to WHITTAKER CLARK and Whittaker, Clark & Daniels, Inc., et al. DANIELS, INC. ("WCD ")

Defendants. To: Nora Grimbergen, Esq. Hoagland, Longo, Moran, Dunst & Doukas, LLP 40 Paterson Street P.O. Box 480 New Brunswick, NJ 08903

seq. that Plaintiffs hereby request, pursuant to R. 4:17 -1 etseq. and R. 4:18-1 et documents requested within Defendant responds to the following interrogatories and produce the any materials; the time and mannet provided by the Court Rules. Any document not produced or

or documents nor searched or reviewed based on a claim of privilege should be specifically

identified.

(00351083.DOÇX) INSTRUCTIONS

and Information). These A. Scope of Discovery (Location and Custody of Documents and all information in interrogatories and document requests are directed to the Defendants cover m. the possession of its each such person's possession, custody and control, including information or other persons directly or officers, employees, agents, servants, representatives, its attorneys, behalf or otherwise subject to indirectly employed or retained by it, or anyone else acting on its successor, parent, its control, and any merged, consolidated, or acquired predecessor or subsidiary, division or affiliate.

in your B. Document no Longer in Possession. If any document requested is no longer possession, possession, custody or control, state; the date such document was last in your specificity to enable custody or control and the current location of such document with sufficient a search for such document to be conducted.

Interrogatory C. Lack of Information. If you currently lack information to answer any completely, please state: 1) The responsive information currently available; 2) Efforts which you have made and intend to make to secure the information currently unavailable; and 3) When you anticipate receiving the information currently unavailable:

answers must be D. Supplemental Responses. These interrogatories are continuing; supplemental and the trial of filed pursuant to R. 4:17 -7 between the date these interrogatories are answered this action.

requests there P. Identification of a "Meeting." Whenever in these interrogatories or production is a request to identify a "meeting, " state or identify: {00351:083.DOCX} 2 1) The date of the meeting; 2) The place of the meeting; 3) Each person attending the meeting; 4) The substance of themeeting;.and referred to in such a 5) Each document relating or referring to the meeting or meeting,

there is a request to G. Identification of a "Document." Whenever in these interrogatories identify a "document," produce the document and state, or identify: 1) Its date; 2) Its author and signatory; 3) Its addressee and all other persons receiving copies; accounting 4) The type of document (e.g., letter, memorandum, contract, report, record, etc.); 5) Its title; 6) Its substance; 7) All custodians; 8) Its present or last known location; possession or subject` to your 9) If the document was, - but .no longer is, in your control, state where and in whose possession or 'control it is; and each person having 10) Identify, in the manner described in these Instructions, custody or control of the original and copies of the document and each person mentioned therein;

production requests It Identification of a Natural "Person." Whenever in these interrogatories or person, state or identify the there is a request to identify a' "person," where the person is a natural person's: 1) :Name; 2) Present or last known home and business address and telephone number(s); 3) Occupation or profession and job title; and, 4) Employer at the time relevant to each interrogatory.

or production I. Identification of a Non-Natural "Person." Whenever in these interrogatories person, state or requests there is a request to identify a "person," where the person is not a natural identify the person's: 1) Name; 2) The form of its organization (corporation, partnership, etc.); 3) Present or last known principal place of business;

{00351083.DOCX} 3 4) Telephone number; and 5) Business.

you identify or refer to in answering J. Document Production. Please produce each document that identified as responsive to a any Interrogatory. In each instance, the documents should be specific numbered interrogatory or part of an interrogatory.

information shall be deemed, K. Estimates. Interrogatories calling for numerical or chronological for estimates. In each instance to the extent that precise figures or dates are not known, to call with the source of information that an estimate is given, it should be identified as such together underlying the estimate.

request cannot be answered fully, as L. Incomplete Response. If any interrogatory or production inability to answer fully, full an answer as possible should be provided. State the reason for the has regarding the and give any information, knowledge, or belief which the defendant unanswered portion.

a document produced in M. Deletions from Documents: Where anything has been deleted from response to an interrogatory or production request: 1) Specify the nature of the material deleted; 2) Specify the reason for the deletion; and 3) Identify the person responsible for the deletion.

believe that any information N. Privilege as Applied. to Interrogatory Response. Should you such information, requested by any of the following interrogatories is privileged, please identify state the privilege asserted, and state the facts giving rise to such privilege.

any Privilege as Applied to Document Production. If objection is made toproducing a therein, in response document, or any portion thereof, or to disclosing any information contained privilege, you are to any interrogatory or production request on the basis of any claim of and the nature of requested to specify in writing the nature of such information and documents, In the case of the privilege claimed, so that the Court may rule on the propriety of the-objection. documents, you should state I) The title of the document; 2) The nature of the document (e.g., interoffice memorandum, correspondence; report); 3) The author or sender; 4) The addressee; 5). The date of the document; 6) The .name of each person to whom the original or a copy was shown or circulated;

{'00351083.DOCX }. 4 7) The .names appearing on any circulation list relating to the document; 8) The basis on which privilege is claimed; and detail to 9) A summary statement of the subject matter of the document in sufficient permit the court to rule on the Propriety the objection.

include the P. Singular/Plural. Words: used in the plural shall also be interpreted to mean and plural. singular. Words used in the singular shall also be taken to mean and include the,

or disjunctively Q. "And" and "Or." The words "and" and "or"shall be construed conjunctively as necessary to make the request inclusive rather than exclusive,

gender R. Gender. The masculine gender of any word shall include the feminine and the non- -gender form. The feminine gender shall include the masculine and the non- gender form. The non form shall include the masculine and feminine.

(00351083.DOCX} 5 DEFINITIONS

requests: Unless otherwise indicated, the following definitions shall apply to these discovery

originals and (1) "Document" means all writings of any kind, including, without limitation, the made all- non -identical copies, whether different from the originals by reason of any notation on such copies or otherwise including, without limitation, correspondence, memoranda, notes, diaries, statistics, letters, telegrams, e- mails, minutes, contracts, reports, studies, intra- checks, statements, receipts, returns, summaries, pamphlets, books, interoffice and office communications, notations of any conversations (including, without limitation, telephone calls, meetings, and other communications), bulletins, printed matter, computer printouts, teletypes, telefax, invoices, work sheets, graphic or oral records or representations of any kind (including, without limitation, photographs, charts, graphs, microfiche, microfilm, videotapes, recordings and motion pictures), electronic, mechanical or electric records or representations of any kind (including, without limitation, tapes, cassettes, discs, recordings and computer memories), and all drafts, alterations, modifications, changes and amendments of any of the foregoing.

(2) "Person" means any individual; partnership, joint venture, corporation, group, association, governmental entity, governmental agency, private or public professional organization or any entity.

(3) "Persons upon whom you rely" for an Interrogatory answer any and all of the following: is a. persons who are the source of the information upon Which the answer based; and b. persons who have, information which supports the answer.

to in (4) "Refer to "or "refers to "means mentioning, discussing, making reference to or relating any way.

(5) "Relate to" or "relates to" means constituting, defining, concerning, embodying, reflecting, identifying, stating, referring to, dealing with or in any way pertaining to

(6) "You" or "Your ", any party by name or any party by designation (e.g. Plaintiff, Defendant, Third Party Defendant, etc) means the responding party, each merged, consolidated, and acquired predecessor or successor, parent, subsidiary, division, and affiliate, each past and, present officer, director, employee, agent, servant, and representative of each such entity or individual, and each past and present attorney of each such entity or individual.

{00351083;DOCX} 6 mean: any action or activity (7) "Place Into the Stream of Commerce" should be interpreted.to Manufacturers or Defendant(s)- facilitate sales that arise from the efforts of the Defendant(s)- for its product, Distributors to serve, directly or indirectly, the market

documents; notes; memos; "Files or materials" should be interpreted to mean: files; (8) or receipt; memorandums; papers; materials; bills of lading, sale, shipment booklets; schematics; correspondence; receipts; invoices; technical materials; manuals; any other material, whether marketing materials; corporate materials order forms; orders; or in written or electronic form.

{00351083.DOCX} SUPPLEMENTAL INTERROGATORIES

of the corporate officers) or Sl. State the full name, address, telephone number and position individuals answering these interrogatories.

been used or referred to, in connection S2. Have any documents and records of defendant document, state the following: with preparing or answering these interrogatories? If so, for each

a) The number of the question and its subpart; b) The identity and title of the document; was found; c) The name and, location of the file in which the document is presently located; d) The name and location of the file in which the document

selling, retailing, and /or S3. Defendant WCD has been identified as supplying, distributing, The Okonite Company a/k/a delivering asbestos fiber and /or asbestos -containing materials to With respect to the asbestos fiber Okonite Wire & Cable ("Okonite ") between 1940 and 1970. retailed, and/or delivered by and/or asbestos- containing materials supplied, distributed, sold,

WCD to Okonite, please state:

distributed of delivered the a) The Okonite plant location(s) to which you supplied, sold,' asbestos fiber and /or asbestos -containing materials; asbestos- containing b) The years which you distributed the asbestos fiber and/or materials; containing materials; c) A physical description of the asbestos fiber and/or asbestos- d) The type of asbestos fiber supplied; by weight, by e) The quantity of asbestos fiber and/or asbestos- containing materials year; asbestos- f) The trade names and/or generic names of the asbestos fiber and/or containing materials supplied;

(00351083.DOCX) other g) The asbestos fiber and/or asbestos-containing materials' ,code; lot, grade and/or designating number; - h) The name and location of the mine from which the asbestos fiber and/or asbestos containing materials originated; i) The intended use of the asbestos fiber and /or asbestos-containing materials; j) The method by which the asbestos fiber and/or asbestos- containing materials were shipped to Okonite, including;

i. Whether the, asbestos fiber and/or asbestos- containing materials were supplied along with any literature, instructions, or other documentation. If so, provide copies of any and all documentation,; ü. The quantities of asbestos fiber and /or asbestos-containing materials (by weight) supplied to each of the above listed Okonite locations; Whether any of the Okonite locations supplied indicated how they: intended to use the asbestos fiber and /or asbestos -containing materials you supplied; if so, indicate what the use was indicated to be; and

k) Identify the name and location of each entity for which WCD distributed asbestos fiber and /or asbestos -containing materials to Okonite,

LTD S4. Describe the nature of the relationship between WCD and Asbestos Corporation

( "ACL "), including:

a) whether WCD distributed ACL's asbestos fiber and/or asbestos -containing materials; b) which ACL asbestos fiber and/or asbestos- containing materials. WCD distributed, sold, supplied, or delivered; c) the asbestos fiber and /or asbestos -containing materials` cod; lot, grade and/or other designating number; d) the duration of the relationship; e) whether there was an exclusivity agreement; f) the duration of the exclusivity agreement; g) whether WCD: distributed ACL's asbestos fiber and /or asbestos -containing materials to Okonite between 1940 and 1970.

{00351 Ó83.DOCX) 9 between WCD and Bell Asbestos Mines ("Bell''), S5. Describe the nature of the relationship including:

asbestos-containing materials; a) whether WCD distributed Bell's asbestos fiber and/or materials WCD distributed, sold, b) which Bell asbestos fiber and/or asbestos -containing supplied, or delivered; code, lot, grade and /or other c) the asbestos fiber and/or asbestos -containing materials' designating number; d) the duration of the relationship; e) whether there was an exclusivity agreement; f) the duration of the exclusivity agreement; asbestos -containing materials g) whether WCD distributed Bell's asbestos fiber and/or to Okonite between 1940 and 1970..

asbestos fiber and/onsbestos- S6. Describe in detail the packages in which WCD'delivered listing: containing materials to Okonite between 1940 and 1970,

"size (in pounds) and color of each a) A physical description thereof, including the package; containing materials were packaged in b) Whether the asbestos fiber and/or asbestos- a bag, box of otherwise; or other specified c) Whether the packaging was made of paper, burlap cloth materials; that appeared on or d) A description of the size and color of any printed material each package or product, stating:: i) a verbatim statement of any warnings or cautions, package or product ii) the manner in which said warning was attached to the formulated the iii) the name, title and present address for the person who wording of the warnings; warnings; iv) the reasons which prompted the use and placement of such for initiating v) the name, title and present address of the person responsible the use of the warning, vi) the date(s) each such warning or caution was placed thereon, vii) the date defendant first considered using warnings,

{00351083.DOCX} to when was first viii) Identify and produce à copy of any such warnings) and it used and last used.

in electronic form such as word 57. Identify any documents, invoices, information stored agreements, drawings, processing files and computer databases, photographs, books, contracts, memoranda, approvals, delivery tickets, depositions of past or current employees, studies, reports, telegrams and any statements; your own pleadings, stipulations, promotional material, or description, including all and all other written, printed, graphic or audio materials of any kind possession or control ofyour non -identical copies thereof, in your possession or control or in the materials sold, attorney(s), that indicate that any asbestos fiber and/or asbestos -containing by you, your delivered, shipped, rebranded, contracted for, distributed, installed or retailed delivered or successor or predecessor entities, subdivisions or affiliates were sold, supplied,

distributed to Okonite between 1940 and 1970.

under which your S8. Did you at any time make any efforts to ascertain the conditions

< were used? If so, state; asbestos fiber and/or asbestos-containing materials supplied to Ókonite

a) When such efforts were made; b) What such efforts revealed; e) The individual and his or her job classification that made such efforts; d) What efforts were made to convey such information to end users;. e) If such efforts were not made by you, explain why.

{00351083:DOÇX} l t for individuals who have testified on behalf S9. Identify all trial and/or deposition transcripts related, disease and/or respiratory of WCD in litigation involving asbestos exposure; asbestos injuries.

of asbestos-containing S10. Did you, at any point in time, discuss the potential hazards

identify the nature of the materials/products with your employees and/or customers? If so, discussion and when it took place,

including but not limited to SI I. Identify all incidents of asbestos- related disease, past worker population. ,'in Defendant WCD and its successors' current and Compensation claims. Separately identify which incidents resulted in the filing of Workers'

air sampling, and/or analyze, test, . S12. Has Defendant WCD ever conducted air monitoring, or examination at any WCD examine, and /or receive the results of any analysis, testing, regarding airborne asbestos levels manufacturing, production, storage, ,. and distribution facilities WCD distributed, sold, and /or for the releasability of asbestos fibers from products /materials

and /or retailed? If yes:

(a) identify all such analysis, testing, or examination; (b) the dates of the analysis, testing, or examination; {00351083.DOCX) 12. (c) by whom the analysis, testing, or examination was performed; (d) The purpose of the analysis, testing, or examination; (e) The results of the analysis, testing, or examination; made (f) whether the results of the analysis, testing, or examination were public; (g) to whom other than WCD the results of the. analysis, testing, or examination were provided; and/or (h) whether WCD has in its possession, custody, or control, air filters samples taken which were analyzed, tested, or examined; and why. (i) whether WCD destroyed the air filters and/or; samples, and when

or program? if so, S13. Does WCD have a record or document "retention" policy plan

records, .please please describe such plan. If the plan is different for separate categories of

the following; describe the plan for each category. Please include in the descriptions

a) The name and title of the custodian of the records; b) The length of time for which records are retained; policy or c) The titles and names of the personnel responsible for determining the plan from 1940 to the present; and d) The titles and names of the personnel responsible for the removal, destruction of any records, pursuant to any such plans from 1940 to the present.

LEVY KONIGSBERGx L.L.P. flthYiTk yf0 a' tí f(fi)

Leah C. Kagan 800 Third Avenue, 11`s Floor New York; New York 10022

Dated: December 2, 2014

{00351083.DOCX} 13 REQUEST FOR PRODUCTION OF DOCUMENTS

The plaintiffs request that defendant produce for inspection and copying, the documents and things identified below. The documents ands things identified herein shall be produced for inspection and copying at such time as the answers to the interrogatories herein are filed. You are hereby requested to produce the following documents and things:

1) All documents regarding asbestos and asbestos- containing

materials/ingredients /products that you sold, supplied, delivered or distributed to

Okonite between. 1940 and 1970. This request is intended to include, but is not

exclusive to, brochures, schematics, drawings, and other literature demonstrating your

products.

2) All documents regarding;asbestos and asbestos- containing

materials /ingredients/products that you sold, supplied, delivered or distributed to Shell

in California between 1975 and 1990. This request is intended to include, but is not

exclusive to, brochures, schematics, drawings, and other literature demonstrating your

products.

3) All documents regarding asbestos and asbestos- containing .

materials/ingredients /products that you sold, supplied, delivered or distributed to

DuPont in California between 1975 and 1990. This request is intended to include,, but

is not exclusive to, brochures, schematics, drawings, and other literature demonstrating

your products..

4) All records, invoices, receipts, customer lists, .purchase!orders, bills of lading, and

documents showing the quantity, price and date of each asbestos or asbestos-

containing product that you manufactured, sold, delivered, shipped, distributed or

retailed to Okonite between 1940 and 1970.

(00351083.DOCX) 14 and 5) All records; invoices, receipts, customer lists, purchase orders, bills of lading,

documents showing the quantity, price and date of each asbestos or asbestos-

containing product that you manufactured, sold, delivered, shipped, distributed or

retailed to Shell. in California between 1975 and 1990..

6) All records, invoices, receipts, customer lists, purchase orders, bills of lading, and

documents showing the quantity, price and date of each asbestos or asbestos-

containing product that you manufactured, sold, delivered, shipped, distributed or

retailed to DuPont in California between 1975 and 1990.

7) All records, documents; files or materials concerning the source(s) of all asbestos

and /or asbestos-containing materials/products sold, supplied, delivered, or distributed

by WCD to Okonite between 1940 and 1970.

8). All records, documents, files or materials concerning the source(s) of all asbestos

and /or asbestos- containing materials /products sold, supplied, delivered, or distributed

by WCD to Shell in California between 1975 and 1990.

9) All records, documents, files or materials concerning the source(s) of all asbestos

and/or asbestos-containing materials /products sold, supplied, delivered, or distributed

by WCD to DuPont in California between 1975 and 1990.

10) All records,' correspondence, documents, files or materials relating to WCD approved

supplier lists for asbestos and/or asbestos-containing materials /products between 1940

and 1980.

11) All records, files, correspondence, communications, transcripts, invoices, purchase orders,

bills of lading, and other documents referencing and/ór relating to:

a. Okonite; b. Shell; c. DuPont; cl. Asbestos Corporation LTD a/k/a.ACL;

(00351083.DOCX) 15 e. Bell Asbestos Mines; f. Company.

notice or awareness about the alleged 12) All documents relating to your first knowledge, products /materials. adverse effects of exposure to asbestos and/or asbestos-containing compensation files, regarding lung 13) All documents, including but not limited to workers claimed to be suffered by - cancer, mesothelioma, and respiratory illness suffered by or

WCD former and current employees.

LEVY KGNIG BERG, L.L.P. Atfp"'rtte s f PZaintiff(sj. r 1

Leah C . Kagan 800 Third Avenue, 11Th Floor New York, New York 10022

Dated: December 2, 2014

(00331083:DOCX) 16