2 Page 1 of 6 I. DEFINITIONS 1. And as well as or shall be construed either disjunctively or conjunctively as necessary to bring within the scope of these discovery requests any information that might otherwise be construed to be outside their scope. 2. All or any means each and every. 3. Communication and communications are used in the broadest sense and include, without limitation, any oral, written, or electronic transmittal of information or request for information made from one person to another, whether made in person, by telephone, electronically, or by any other means, or a document made for the purpose of recording a communication, idea, statement, opinion, or belief. 4. Document or documents shall have the meaning set forth in Rule 34 of the Federal Rules of Civil Procedure, and shall include, without limitation, the original and nonidentical copy of any written, electronic, recorded, or graphic matter, however produced or reproduced, including, without limitation, any correspondence, memoranda, notes, meeting minutes, telegrams, reports, transcripts, e-mails, or telephone conversations or any other writings or documentary material of any nature whatsoever, together with any attachments thereto and enclosures therewith, and any other retrievable matter (whether encarded, taped or encoded, electrostatically, or otherwise), in the possession, custody, or control of Debtor, its agents, employees, counsel, or other representatives. Non-identical copies, drafts, and identical copies with handwriting are separate documents within the meaning of that term. 5. Relating to means directly or indirectly mentioning, referring to, reflecting, constituting, embodying, substantiating, evidencing, tending to prove or disprove, discussing, describing, pertaining to, or connected with the requested or identified information, document, or stated subject matter in any logical, legal, or factual way. 6. Kaiser Gypsum means debtor Kaiser Gypsum Company and shall also include any officers, directors, employees, agents, representatives, attorneys, accountants, investigators, assigns, subsidiaries, affiliates, predecessors, successors, and any parent companies acting on
2 Page 2 of 6 Kaiser Gypsum s behalf, as well as any other person acting or purporting to act on Kaiser Gypsum s behalf, whether directly or indirectly. 7. Kaiser Cement means Hanson Permanente Cement, Inc. and shall also include any officers, directors, employees, agents, representatives, attorneys, accountants, investigators, assigns, subsidiaries, affiliates, predecessors, successors, and any parent companies acting on Kaiser Cement s behalf, as well as any other person acting or purporting to act on Kaiser Cement s behalf, whether directly or indirectly. 8. You means the Oregon Department of Environmental Quality and shall also include any employees, agents, representatives, attorneys, accountants, investigators, or other third parties acting on behalf of you. II. INSTRUCTIONS 1. These document requests are continuing in nature and so require you to serve supplemental responses to the extent you obtain, directly or through your agents, representatives, or attorneys, pertinent additional or different information after the time you serve your responses to these requests. 2. The present tense shall be construed to include the past tense and the past tense shall be construed to include the present tense as necessary to bring within the scope of these discovery requests any documents or information that might otherwise be construed to be outside their scope. 3. The singular shall be construed to include the plural and the plural shall be construed to include the singular as necessary to bring within the scope of these discovery requests any documents or information that might otherwise be construed to be outside their scope. 4. If you are unable to answer or respond fully to a request, answer or respond to the fullest extent possible and specify the reasons for your inability to answer or respond in full. 2
2 Page 3 of 6 5. If you withhold any documents on grounds of a claim of attorney-client privilege, the attorney work product doctrine, or other protection, identify each such document and, with respect to each such document, state the specific basis for the claim of privilege or protection and provide the following information: The subject matter of the document; The title, heading, or caption of the document, if any; The identifying number, letter, or combination thereof, if any, and the significance or meaning of such number, letter, or combination thereof; The date appearing on the document or, if no date appears thereon, the date or approximate date on which the document was prepared; (e) The general nature or description of the document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.) and the number of pages in the document; (f) The identity of the person who signed the document and, if it was not signed, the identity of each person who prepared it; (g) The identity of each person to whom the document was addressed and the identity of each person to whom a copy or blind copy thereof was sent; and (h) The identity of each person who has custody of a copy of the document. 6. If you claim that any communication is protected from disclosure by the attorneyclient privilege, the attorney work product doctrine, or other protection, provide the following information with respect to each such communication: (e) The date of the communication. The identity of each participant in the communication; The place where the communication occurred; The general nature of the communication; The specific basis for the claim of privilege or protection; and 3
2 Page 4 of 6 (f) The identity of each document relating to the communication. 7. Identify or provide the identity means to state: With respect to a natural person: That person s full name; The last known business address, business phone number, home address, and home phone number of the person; The business affiliation, title, position, and duties of the person at the time period of the matter at issue; and The person s current business affiliation, title, position, and duties. With respect to a person other than a natural person: The full name of the entity; The nature of the entity; The last known address and phone number of the entity; and If the person is a corporation, the state of incorporation. With respect to a document: The date and nature of the document (i.e., whether it is a letter, memorandum, minutes of a meeting, etc.); The title, subject, or heading of the document; The identity of each author, addressee(s), copy addressee(s), blind copy addressee(s), and every other natural person or entity to whom the document was disclosed; (e) A description of the document s subject matter; and The Bates number or other identification number of the document, if any. With respect to a communication: The date, nature, and method of communication; 4
2 Page 5 of 6 The identity of all parties participating in the communication; The substance of the communication; and The identity of all documents relating to reporting, or summarizing, the communication. 8. These requests for production of documents require you to produce all responsive documents in your possession, custody, or control from all files that contain responsive documents, wherever located. 9. In responding to these discovery requests: If a document was, but no longer is, in your possession, custody, or control, state: (i) (ii) how the document was disposed of; the name, current address, and telephone number of the natural person or the entity who currently has possession, custody, or control of the document; (iii) (iv) the date of disposition; and the name, current address, and telephone number of each natural person or the entity who authorized said disposition or who had knowledge of said disposition. If documents cannot be located, describe with particularity the efforts made to locate the documents and the specific reason for their disappearance or unavailability. III. DOCUMENTS REQUESTED 1. All documents relating to the proof(s) of claim filed by you in the present bankruptcy proceedings on October 13, 2017 including, without limitation, the decision to file such claim(s), all information relating to the valuation of such claim(s) and the basis for such valuation, all communications with Kaiser Gypsum and Kaiser Cement relating to such claim(s). 5
2 Page 6 of 6 2. All documents relating to any and all pre-petition discussions between you and Kaiser Gypsum and / or Kaiser Cement concerning the possibility of Kaiser Gypsum filing bankruptcy including, without limitation: the negotiation of any proposed plan of reorganization; the contents of any such proposed plan; and information exchanged in any such pre-petition discussions. 3. All documents relating to any and all pre-petition discussions between you and Kaiser Gypsum and / or Kaiser concerning the possibility of Kaiser Cement filing bankruptcy including, without limitation: the negotiation of any proposed plan of reorganization; the contents of any such proposed plan; and information exchanged in any such pre-petition discussions. 4. All documents relating to any and all communications between you and Kaiser Gypsum and/or Kaiser Cement regarding Kaiser Gypsum s insurance policies. 5. All documents relating to any and all communications between you and Kaiser Gypsum and/or Kaiser Cement regarding Kaiser Cement s insurance policies. 6. All documents relating to any agreed or proposed assignment of rights under or with respect to any of Kaiser Gypsum s insurance policies, including, without limitation, the terms of any agreements to assign any such rights and the identity of the parties involved. 7. All documents relating to any agreed or proposed assignment of rights under or with respect to any of Kaiser Cement s insurance policies, including, without limitation, the terms of any agreements to assign any such rights and the identity of the parties involved. 8. All documents relating to any projections, estimates, or values of existing or future environmental claims you might have against Kaiser Gypsum and/or Kaiser Cement. 9. Documents sufficient to show the identity and whereabouts of all persons with knowledge regarding any or all of the topics set forth above. 6