UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA IN RE: ASBESTOS PRODUCTS ) MDL DOCKET NO.: MDL 875 LIABILITY LITIGATION (No. VI) ) ____________________________________) PLAINTIFFS’ MASTER REQUESTS FOR PRODUCTION OF DOCUMENTS AND THINGS TO ALL DEFENDANTS COMES NOW the Plaintiffs and, pursuant to Federal Rules of Civil Procedure 26 and 34, hereby serve their Master Requests for Production of Documents and Things to all Defendants. INSTRUCTIONS 1. Please produce all documents and tangible things as they are kept in the usual course of business or organize and label them to correspond with the categories or numbered requests in this set of discovery. See Federal Rules of Civil Procedure 33(d) and 34(b)(2)(E). 2. If any information or material is being withheld under any claim of privilege, protection, or immunity, please state with specificity the particular privilege, protection, or immunity asserted. See Federal Rule of Civil Procedure 26(b)(5). 3. If Defendant cannot produce requested information or material because it is not in Defendant’s possession, custody, or control, please identify the information or material, the reason the information or material is not in Defendant’s possession, custody, or control, and the entity currently having possession, custody, or control over the information or material. 4. When providing a date, please provide the exact day, month, and year. If the exact date is not known, please provide the best approximation of the date and clearly note that the date is an approximation. 5. As specified by Federal Rule of Civil Procedure 34(b)(2)(E), if responsive material is in electronic, magnetic, or digital form, Plaintiff specifically requests production of such material. Plaintiff requests such material be provided on CD-ROM. 6. In the event a proper and timely objection is filed as to any requested material, please nevertheless respond to all portions of the request which do not fall within the scope of the objection. For example, if a request is objected to on the grounds that it is too broad insofar as it seeks documents covering years Defendant believes are not relevant to this litigation, please nevertheless produce documents for all years which Defendant concedes are relevant. See Federal Rules of Civil Procedure 33(b)(3) and 34 (b)(2)(C). 7. With respect to responses related to Plaintiffs’ Work Histories, defendant may restrict its answers to dates prior to January 1, 1986. GENERAL DEFINITIONS As used in this set of discovery, the following terms mean: 1. The term, “Defendant,” means the business entity answering these discovery requests and any of its merged, consolidated, or acquired predecessors, divisions, joint ventures, subsidiaries, foreign subsidiaries, foreign subsidiaries of predecessors, parent companies, sister companies, if such entity ever engaged in the mining, sale, manufacture, marketing, or distribution of asbestos or any asbestos containing product or substance, or used or required or permitted the use of asbestos or asbestos containing products or substances in a commercial or industrial setting, or acquired or transferred liability for the same. This definition includes present and former officers, directors, agents, employees, and all other persons acting or purporting to act on behalf of the business entity or its predecessors, subsidiaries, and/or affiliates. “Predecessors” further means any business entity, whether or not incorporated, which had all or some of its assets purchased by Defendant or came to be acquired by Defendant whether by merger, consolidation, or other means. “Subsidiaries” further means any business entity, whether or not incorporated, which is or was in any way owned or controlled, in whole or in part by Defendant or its predecessors. 2. The term, “document,” is synonymous in meaning and equal in scope to the usage of the phrase, “documents and tangible things,” in Rules 26 and 34 of the Federal Rules of Civil Procedure. A draft or a non-identical copy is a separate document within the meaning of this term. Requested documents include, but are not limited to, the following: a. those that are now or were formerly in the possession, custody, or control of Defendant, and b. those that are known or believed to be responsive to these discovery requests regardless of who now has or formerly had possession, custody, or control of the documents. Documents include, by way of example only, any memorandum, request envelope, correspondence, electronic mail, report, note, Post-It, message, telephone message, telephone log, diary, journal, appointment calendar, calendar, group scheduler calendar, drawing, painting, accounting paper, minutes, working paper, financial report, accounting report, work papers, drafts, facsimile, facsimile transmission report, contract, invoice, record of sale or purchase, Teletype message, chart, graph, index, directory, computer directory, computer disk, computer tape, or any other written, printed, typed, punched, taped, filmed, or graphic matter however produced or reproduced. Documents also include the file, folder tabs, and labels appended to or containing any documents. 3. The term, “person,” includes natural persons, firms, partnerships, associations, joint ventures, corporations, and any other form of business organization or arrangement, as well as officers, directors, shareholders, employees, agents, and contractors of any business organization or arrangement. 4. The term, “meeting,” means any act or process of persons coming together for the purpose of discussing and/or acting upon some matter, whether such gathering was formal or informal, in person or through other means. 5. The term, “asbestos,” means any of the naturally-occurring fibrous silicate minerals, including both serpentine forms (chrysotile) and amphibole forms (amosite, crocidolite, tremolite, anthophyllite, and actinolite), whether referred to by their scientific names or by synonyms such as brown (amosite), white (chrysotile) or blue (crocidolite) asbestos. 6. The term, “asbestos-containing product,” means any product or material that contains asbestos in any form. Such products include, but are not limited to, pipe covering, turbines, blankets, cement, block, gaskets, packing, plaster, joint compound, floor and ceiling tiles, mastics, raw fibers, fireproofing, shingles, panels, sheets, boards, millboard, refractory cement, boilers, pressure vessels, firebrick, brake and clutch linings, finishing compound, texture, drilling mud, “hot tops,” and other construction, building, drywall, lath, and insulation materials. 7. The term, “asbestos-in-place,” means any asbestos-containing product that was used, applied, or installed on any part of a premises or on any improvements made to a premises, and that remained on that premises at any time during the period in which Plaintiff has alleged exposure to asbestos. 8. The terms, “trade organization” and “trade association,” mean any organization or association of business, industrial, or governmental entities that were associated and/or met for the purpose of achieving common goals, exchanging or disseminating information related to common needs or interests, and/or learning information or facts of interest to the various members of the organization or association. 9. The terms, “plant” and “facility,” mean any location where materials are refined, converted, chemically altered, changed, assembled, manufactured, constructed, or fabricated as well as locations where products are fabricated, assembled, or manufactured or prepared for further fabrication or assembly. This definition also includes office spaces, storage spaces, control rooms, undeveloped land, and similar areas within the larger plant or facility. 10. The term, “manufacture,” means to fabricate, construct, assemble, prepare for fabrication or assembly, or take any other action prior to completion of a product or material. 11. The terms, “medical department,” “safety department,” and “industrial hygiene department,” mean an individual or a group of individuals working for Defendant, either directly or in a contractual capacity, whose purpose was or is to provide guidance, assistance, or advice concerning any aspect of medical health including, but not limited to, the safety of Defendant's workers and the safety of individuals using or exposed to asbestos or asbestos-containing products. 12. The term, “hazards of asbestos,” means any potential or actual asbestos-related injury, effect, damage, scarring, wound, impairment, or disability of any part of human or nonhuman anatomy including, but not limited to, the lungs and associated tissue. 13. The term, “test,” includes, but is not limited to, studies of atmospheric dust samples, studies of the concentration of asbestos in airborne test samples, studies of the lung conditions of workers (by x-ray or other means), pulmonary function studies of workers, animal studies, pathological studies, industrial hygiene studies, risk assessment studies, cost-benefit analyses, and any other studies concerning health and safety. 14. The terms, “identify” and “identity,” mean: a. in reference to a natural person the person’s full name, present or last known business address, present or last known home address, telephone numbers, employer, the years of employment and positions held during employment (if employed by Defendant), the locality(ies) where the person was so employed, and any other information that may be helpful in locating the person; b. in reference to any business entity the full