LEVY KONIGSBERG LLP ATTORNEYS AT LAW 800 THIRD AVENUE NEW YORK, NY. 10022 (212) 605-6200 OTHER OFFICES; NEW JERSEY 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 Asbestos 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. <interrogatories .or E, Identification of a "Communication" or "Discussion." Whenever in these state or production requests there is a request to identify a "communication" or "discussion" identify: 1) The date of the communication or discussion; 2) The place where it occurred; present during such 3) Each person who originated, received, participated in or was communication or discussion; 4) The type of communication or discussion: (e.g. letter, memorandum, telegram, telephone conversation, etc.); 5) The substance of the communication or discussion; and or 6) Identify in the manner described in these instructions each document relating referring to, or comprising such communication or discussion, and each document referred to in such communication or discussion. 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