LEGAL02/30203753v1

IN THE UNITED STATE DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

ROBERT D. BROOKS and ALICE 

BRADLEY,

Plaintiffs,

v.

PACTIV CORPORATION and 

LOUISIANA-PACIFIC CORPORATION,

Defendants.

)

)

)

)

) Civil Action No. 

) 2:06-cv-00680-LES-CSC

) 

)

)

)

)

DEFENDANT LOUISIANA-PACIFIC CORPORATION ANSWER AND 

DEFENSES TO PLAINTIFFS’ COMPLAINT

Defendant Louisiana-Pacific Corporation (hereinafter referred to as “Defendant”) 

timely files its Answer and Defenses to Plaintiffs’ Complaint in the above-styled action 

as follows: 

FIRST DEFENSE

Plaintiffs’ Complaint, and each Count therein, fails to state a claim against 

Defendant upon which relief can be granted.

SECOND DEFENSE

Plaintiffs’ claims are barred, in whole or in part, by the applicable statute or 

statutes of limitations and/or rules of repose.

THIRD DEFENSE

Plaintiffs’ claims are barred, in whole or in part, by the doctrines of waiver, 

estoppel, and laches.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 1 of 45
- 2 -

LEGAL02/30203753v1

FOURTH DEFENSE

No act or omission on the part of Defendant caused or contributed to Plaintiffs’

alleged injuries.

FIFTH DEFENSE

Plaintiffs’ claims are barred, in whole or in part, by the doctrines of assumption of 

risk and informed consent.

SIXTH DEFENSE

Some or all of Plaintiffs’ alleged injuries, damages or losses, if any, were 

proximately caused, or contributed to, by the negligence of the Plaintiffs.

SEVENTH DEFENSE

Plaintiffs’ alleged injuries, damages or losses, if any, were directly and 

proximately caused by the intervening, superseding acts and conduct of others over 

which Defendant had no control, thereby precluding any recovery against Defendant.

EIGHTH DEFENSE

To the extent the Complaint fails to join indispensable parties, the Complaint 

must be dismissed or, alternatively, this civil action should be stayed pending other 

appropriate relief by the Court.

NINTH DEFENSE

Plaintiffs’ claims are barred in whole or in part in as much as Defendant owed no 

legal duty to Plaintiffs as alleged in the Complaint.

TENTH DEFENSE

Plaintiffs failed to mitigate any damages or losses that Plaintiffs allegedly

sustained.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 2 of 45
- 3 -

LEGAL02/30203753v1

ELEVENTH DEFENSE

To the extent Plaintiffs seek punitive damages, an award of punitive damages in 

this case would violate Defendant’s rights to procedural and substantive due process and 

to equal protection of the law under the Fifth and Fourteenth Amendments to the 

Constitution of the United States, U.S. Const. Amends. V, XIV, § 1, the excessive fines 

provision of the Eighth Amendment to the Constitution of the United States, U.S. Const. 

Amend. VIII, and Article I, Sections, 1, 6, 13 and 15 of the Constitution of the State of 

Alabama, in that (a) Alabama law provides inadequate standards or criteria for the 

determination of whether punitive damages should be imposed; (b) the standards or 

criteria provided by Alabama law for the determination of whether punitive damages 

should be imposed are impermissibly vague and indefinite; (c) Alabama law provides 

inadequate standards or criteria upon which a trier of fact may rely in determining the 

amount of a punitive damage award; (d) the procedures pursuant to which punitive 

damages may be awarded permit the imposition of different penalties for the same or 

similar acts; (e) the procedures pursuant to which punitive damages may be awarded 

under Alabama law fail to provide reasonable limits on the amount of punitive damages 

awarded; (f) Alabama law permits the imposition of punitive damages in excess of the 

amount permitted or required under statutes providing civil remedies or fines for the

same or similar conduct, including willful conduct; (g) Alabama law permits the 

imposition of punitive damages in excess of the maximum criminal penalties for the same 

or similar conduct; (h) Alabama law permits the imposition of punitive damages, which 

are penal in nature, upon a burden of proof less than the “beyond reasonable doubt” 

standard required in criminal cases; (i) Alabama law permits the imposition of punitive 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 3 of 45
- 4 -

LEGAL02/30203753v1

damages that are grossly excessive and bear no rational or reasonable relationship to a 

defendant’s conduct or culpability or to the actual harm suffered by a plaintiff; and (j) the 

procedures pursuant to which punitive damages may be awarded under Alabama law 

permit the imposition of punitive damages in an amount exceeding that reasonably

necessary to accomplish any legitimate goals or policies of the State of Alabama.

TWELTH DEFENSE

Plaintiffs’ claim for recovery of punitive damages is barred by Ala. Code §§ 6-11-

20 and 6-11-21.

THIRTEENTH DEFENSE

An award of punitive damages in this case would violate Defendant’s 

constitutional right to due process to the extent separate, individual determinations of 

punitive liability and amount are not allowed as to each defendant.

FOURTEENTH DEFENSE

Some or all of Plaintiffs’ claims may be preempted by state and/or federal 

statutes, rules, and regulations.

FIFTEENTH DEFENSE

Defendant hereby gives notice that it intends to rely upon such other affirmative 

defenses as may be asserted by other parties or as may become available or apparent 

during the course of discovery.

SIXTEENTH DEFENSE

Plaintiffs’ allegations of fraud, misrepresentation, deceit, and conspiracy are not 

stated with the degree of particularity required by the applicable law and should be 

dismissed.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 4 of 45
- 5 -

LEGAL02/30203753v1

SEVENTEENTH DEFENSE

Defendant is entitled to a set off of any and all sums received by Plaintiffs from 

any source as a consequence of their alleged injuries or damages.

EIGHTEENTH DEFENSE

If Plaintiff suffered legal injuries, which Defendant denies, said injuries were not 

caused or contributed to by exposure to any chemical or substance for which Defendant is 

responsible, but rather by exposure to dangerous or hazardous chemicals, fumes, 

products, substances, dust, etc. present at Plaintiffs’ workplaces or elsewhere for which 

Defendant is not responsible.

NINETEENTH DEFENSE

Defendant pleads that to the extent it is liable to Plaintiffs, which is denied, 

Defendant is entitled to indemnification and/or contribution from other parties.

TWENTIETH DEFENSE

Defendant pleads that the negligence and conduct of Plaintiffs’ employers and/or 

labor unions are a partial or complete bar to all of Plaintiffs’ claims.

TWENTY-FIRST DEFENSE

Plaintiffs’ claims are or may be barred or otherwise limited or affected by the 

application of provisions of the law or statutes of the states or jurisdictions other than the 

state of Alabama where Plaintiffs’ alleged exposures may have occurred.

TWENTY-SECOND DEFENSE

The claims or some or all Plaintiffs are improperly joined.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 5 of 45
- 6 -

LEGAL02/30203753v1

TWENTY-THIRD DEFENSE

Plaintiffs’ claims are barred, in whole or in part, by the workers compensation 

statutes and regulations of the State of Alabama or the workers compensation statutes of 

the states or jurisdictions other than the State of Alabama where Plaintiffs’ alleged 

exposures may have occurred.

TWENTY-FOURTH DEFENSE

Defendant responds to the allegations contained in the individually numbered 

Paragraphs of Plaintiffs’ Complaint against it as follows:

JURISDICTION

1.

Defendant admits that this Court has jurisdiction. Defendant admits that 

Louisiana-Pacific Corporation is a Delaware corporation with its principal place of

business in Tennessee. Defendant is without knowledge or information sufficient to form 

an opinion or belief as to the truth of the remaining allegations of Paragraph 1 and can 

neither admit nor deny same. Except as thus stated, denied.

VENUE

2.

Defendant admits that venue is proper in this Court. Except as thus stated, 

denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 6 of 45
- 7 -

LEGAL02/30203753v1

DEFENDANTS

3.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 3 and can neither admit nor deny 

same.

4.

Admitted.

PLAINTIFFS

Breast Cancer

5.

Defendant admits that Plaintiffs make a claim for personal injury. Defendant is 

without knowledge or information sufficient to form an opinion or belief as to the truth of 

the allegations of Paragraph 5 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied.

BACKGROUND

6.

Defendant admits that Plaintiffs make a claim for personal injuries and property 

damage but deny that any release for which this Defendant is allegedly responsible 

caused or contributed to Plaintiffs’ alleged injuries. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 6 that are directed to the other named defendant and can neither admit nor 

deny same. Except as thus stated, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 7 of 45
- 8 -

LEGAL02/30203753v1

7.

Defendant admits that it owned a lumber mill that treated some wood products in 

Lockhart, Alabama (the “Facility”) on or near a site previously occupied by Lockhart 

Lumber Company. Except as thus stated, denied.

8.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form a belief or opinion as to the truth of the allegations of Paragraph 8 that 

are directed against the other named defendant and can neither admit nor deny same.

9.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 9 and can neither admit nor deny 

same.

10.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 10 as they pertain to another 

defendant and can neither admit nor deny same.

11.

Defendant admits that it used boilers at various times in Facility operations and 

admits that it burned untreated wood waste and untreated bark in said boilers. Defendant 

is without knowledge or information sufficient to form an opinion or belief as to the truth 

of the allegations of Paragraph 11 that are directed against the other named defendant and 

can neither admit nor deny same. Except as thus stated, denied. 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 8 of 45
- 9 -

LEGAL02/30203753v1

12.

Upon information and belief, Defendant obtained all required permits for the 

operation of its boilers. Defendant is without knowledge or information sufficient to 

form an opinion or belief as to the truth of the allegations of Paragraph 12 that are 

directed against the other named defendant and can neither admit nor deny same. Except 

as thus stated, denied.

13.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant further states that, upon information 

and belief, Defendant used the boilers as designed and intended. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

allegations of Paragraph 19 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied.

14.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 14 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

15.

Upon information and belief, Defendant obtained all required permits for the 

operation of its boilers. Defendant is without knowledge or information sufficient to 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 9 of 45
- 10 -

LEGAL02/30203753v1

form an opinion or belief as to the truth of the allegations of Paragraph 15 that are 

directed against the other named defendant and can neither admit nor deny same. Except 

as thus stated, denied.

16.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant further states that, upon information 

and belief, Defendant used the boilers as designed and intended. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

allegations of Paragraph 16 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied.

17.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 17 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

18.

Upon information and belief, Defendant obtained all required permits for the 

operation of its boilers. Defendant is without knowledge or information sufficient to 

form an opinion or belief as to the truth of the allegations of Paragraph 18 that are 

directed against the other named defendant and can neither admit nor deny same. Except 

as thus stated, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 10 of 45
- 11 -

LEGAL02/30203753v1

19.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant further states that, upon information 

and belief, Defendant used the boilers as designed and intended. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

allegations of Paragraph 19 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied.

20.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 20 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

21.

Upon information and belief, Defendant obtained all required permits for the 

operation of its boilers. Defendant is without knowledge or information sufficient to 

form an opinion or belief as to the truth of the allegations of Paragraph 21 that are 

directed against the other named defendant and can neither admit nor deny same. Except 

as thus stated, denied.

22.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant further states that, upon information 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 11 of 45
- 12 -

LEGAL02/30203753v1

and belief, Defendant used the boilers as designed and intended. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

allegations of Paragraph 22 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied.

23.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 23 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

24.

Upon information and belief, Defendant obtained all required permits for the 

operation of its boilers. Defendant is without knowledge or information sufficient to 

form an opinion or belief as to the truth of the allegations of Paragraph 24 that are 

directed against the other named defendant and can neither admit nor deny same. Except 

as thus stated, denied.

25.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant further states that, upon information 

and belief, Defendant used the boilers as designed and intended. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

allegations of Paragraph 25 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 12 of 45
- 13 -

LEGAL02/30203753v1

26.

Defendant denies that any materials incinerated in the boilers, if any, caused or 

contributed to Plaintiffs’ alleged injuries. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 26 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

27.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 27 as they pertain to another 

defendant and can neither admit nor deny same.

28.

The allegations in Paragraph 28 merely state a legal conclusion to which no 

response is required. To the extent Paragraph 28 includes any allegations against this 

Defendant requiring a response, denied.

29.

The allegations in Paragraph 29 merely state a legal conclusion to which no 

response is required. To the extent Paragraph 29 includes any allegations against this 

Defendant requiring a response, denied.

30.

The allegations in Paragraph 30 merely state a legal conclusion to which no 

response is required. To the extent Paragraph 30 includes any allegations against this 

Defendant requiring a response, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 13 of 45
- 14 -

LEGAL02/30203753v1

31.

The allegations in Paragraph 31 merely state a legal conclusion to which no 

response is required. To the extent Paragraph 31 includes any allegations against this 

Defendant requiring a response, denied.

32.

Defendant admits that creosote is a mixture of certain chemicals. Defendant 

denies that any creosote for which this Defendant is allegedly responsible caused or 

contributed in any way to Plaintiffs’ alleged injuries. Defendant states that Paragraph 32

contains insufficient predicate information for Defendant to admit or deny any remaining 

allegations.

33.

Defendant admits that it used creosote at various times but denies that any 

creosote for which Defendant is allegedly responsible caused or contributed in any way 

to Plaintiffs’ alleged injuries. Defendant states that Paragraph 33 contains insufficient 

predicate information for Defendant to admit or deny any remaining allegations as to this 

Defendant. Defendant is without knowledge or information sufficient to form an opinion 

or belief as to the truth of the allegations of Paragraph 33 that are directed against the 

other named defendant and can neither admit nor deny same.

34.

Defendant admits that it used creosote at various times but denies that any 

creosote for which Defendant is allegedly responsible caused or contributed in any way 

to Plaintiffs’ alleged injuries. Defendant states that Paragraph 34 contains insufficient 

predicate information for Defendant to admit or deny any remaining allegations as to this 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 14 of 45
- 15 -

LEGAL02/30203753v1

Defendant. Defendant is without knowledge or information sufficient to form an opinion

or belief as to the truth of the allegations of Paragraph 34 that are directed against the 

other named defendant and can neither admit nor deny same.

35.

The allegations in Paragraph 35 merely state a legal conclusion to which no 

response is required. To the extent Paragraph 35 includes any allegations against this 

Defendant requiring a response, denied.

36.

Defendant denies that any pentachlorophenol for which this Defendant is 

allegedly responsible caused or contributed in any way to Plaintiffs’ alleged injuries. 

Defendant states that Paragraph 36 contains insufficient predicate information for 

Defendant to admit or deny any remaining allegations as to this Defendant.

37.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 37

that are directed against the other named defendant and can neither admit nor deny same.

38.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 38

that are directed against the other named defendant and can neither admit nor deny same.

39.

Defendant admits that it used pentachlorophenol at various times but denies that 

any pentachlorophenol for which Defendant is allegedly responsible caused or 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 15 of 45
- 16 -

LEGAL02/30203753v1

contributed in any way to Plaintiffs’ alleged injuries. Defendant states that Paragraph 39

contains insufficient predicate information for Defendant to admit or deny any remaining 

allegations as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 39

that are directed against the other named defendant and can neither admit nor deny same.

40.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 40

that are directed against the other named defendant and can neither admit nor deny same.

41.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 41

that are directed against the other named defendant and can neither admit nor deny same.

42.

The allegations in Paragraph 42 merely state a conclusion to which no response is 

required. To the extent Paragraph 42 includes any allegations against this Defendant 

requiring a response, denied.

43.

Defendant denies that any wood treatment chemical for which this Defendant is 

allegedly responsible caused or contributed in any way to Plaintiffs’ alleged injuries. 

Defendant states that Paragraph 43 contains insufficient predicate information for 

Defendant to admit or deny any remaining allegations as to this Defendant. Defendant is 

without knowledge or information sufficient to form an opinion or belief as to the truth of 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 16 of 45
- 17 -

LEGAL02/30203753v1

the allegations of Paragraph 43 that are directed against the other named defendant and 

can neither admit nor deny same.

44.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 44 and can neither admit nor deny 

same. Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 44 that are directed against the other 

named defendant and can neither admit nor deny same.

45.

The allegations in Paragraph 45 merely state a conclusion to which no response is 

required. To the extent Paragraph 45 includes any allegations against this Defendant 

requiring a response, denied.

46.

Defendant admits that wood treatment operations at the Facility including 

pressurized treatment cylinders produced waste water at various times. Defendant states 

that Paragraph 46 contains insufficient predicate information for Defendant to admit or 

deny any remaining allegations as to this Defendant. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of

Paragraph 46 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

47.

Defendant admits that its wood treatment operations produced waste water at 

various times but denies that said waste water caused or contributed in any way to 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 17 of 45
- 18 -

LEGAL02/30203753v1

Plaintiffs’ alleged injuries. Defendant is without knowledge or information sufficient to 

form an opinion or belief as to the truth of the allegations in Paragraph 47 that are 

directed against the other named defendant and can neither admit nor deny same. Except 

as thus stated, denied.

48.

Defendant admits that it operated water evaporation and containment areas at 

certain times. Defendant is without knowledge or information sufficient to form an 

opinion or belief as to the truth of the allegations in Paragraph 48 that are directed against 

the other named defendant and can neither admit nor deny same. Except as thus stated, 

denied.

49.

Defendant admits that it operated a spray evaporation system at the Facility at

certain times but denies that said operation caused Plaintiff to be exposed to any chemical 

or substance that caused or contributed in any way to Plaintiffs’ alleged injuries. 

Defendant is without knowledge or information sufficient to form an opinion or belief as 

to the truth of the allegations of Paragraph 49 that are directed against the other named 

defendant and can neither admit nor deny same. Except as thus stated, denied.

50.

Denied as to Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 56 

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 18 of 45
- 19 -

LEGAL02/30203753v1

51.

Defendant admits that in November 1983 it began operating the lumber mill that 

treated some wood products in Lockhart, Alabama (the “Facility”). Except as thus stated, 

denied.

52.

Defendant admits that it began operating the Facility in November 1983, and that 

some former employees became employees of this Defendant. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

remaining allegations of Paragraph 52 and can neither admit nor deny same.

53.

Defendant admits that it used chromated copper arsenic (CCA) at various times 

beginning within a year from the time Defendant began operating the Facility. Except as 

thus stated, denied.

54.

Denied.

55.

The allegations in Paragraph 55 merely state a legal conclusion for which no 

response is required. To the extent Paragraph 55 includes any allegations against this 

Defendant requiring a response, denied.

56.

Defendant denies that any arsenic for which it is allegedly responsible caused or 

contributed in any way to Plaintiffs’ alleged injuries. Defendant states that Paragraph 56

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 19 of 45
- 20 -

LEGAL02/30203753v1

contains insufficient predicate information for Defendant to admit or deny any remaining 

allegations. 

57.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 57 that are directed against the other 

named defendant and can neither admit nor deny same.

58.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 58 that are directed against the other 

named defendant and can neither admit nor deny same.

59.

Defendant admits that it operated a spray evaporation system at the Facility at

certain times. Except as thus stated, denied.

60.

Denied.

61.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 61 that are directed against the other 

named defendant and can neither admit nor deny same.

62.

Denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 20 of 45
- 21 -

LEGAL02/30203753v1

63.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 63

that are directed against the other named defendant and can neither admit nor deny same.

64.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 64

that are directed against the other named defendant and can neither admit nor deny same.

65.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 65

that are directed against the other named defendant and can neither admit nor deny same.

66.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 66

that are directed against the other named defendant and can neither admit nor deny same.

67.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 67

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 21 of 45
- 22 -

LEGAL02/30203753v1

68.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 68

that are directed against the other named defendant and can neither admit nor deny same.

69.

Denied.

70.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 70

that are directed against the other named defendant and can neither admit nor deny same.

71.

Defendant states that at some times its operations and processes occurred at night 

or on the weekends. Defendant is without knowledge or information sufficient to form 

an opinion or belief as to the truth of the allegations of Paragraph 71 that are directed 

against the other named defendant and can neither admit nor deny same. Except as thus 

stated, denied. 

72.

The allegations in Paragraph 72 merely state a conclusion for which no response 

is required. To the extent Paragraph 72 includes any allegations against this Defendant 

requiring a response, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 22 of 45
- 23 -

LEGAL02/30203753v1

73.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 73

that are directed against the other named defendant and can neither admit nor deny same.

74.

Defendant admits that it utilized various chemicals in wood treatment operations. 

Defendant is without knowledge or information sufficient to form an opinion or belief as 

to the truth of the allegations of Paragraph 74 that are directed against the other named 

defendant and can neither admit nor deny same. Except as thus stated, denied.

75.

Defendant admits that it utilized various chemicals in wood treatment operations. 

Defendant is without knowledge or information sufficient to form an opinion or belief as 

to the truth of the allegations of Paragraph 75 that are directed against the other named 

defendant and can neither admit nor deny same. Except as thus stated, denied.

76.

Defendant denies that any on-site wood treatment process or operation caused 

Plaintiff to be exposed to any chemical or substance that caused or contributed in any 

way to Plaintiffs’ alleged injuries. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 76

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 23 of 45
- 24 -

LEGAL02/30203753v1

77.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 77 as they pertain to the other named 

defendant and can neither admit nor deny same.

78.

Denied.

79.

Defendant admits that groundwater at the Facility has been remediated pursuant 

to plans and directions approved by the ADEM and the EPA. Except as thus stated, 

denied.

80.

Denied.

81.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 81

that are directed against the other named defendant and can neither admit nor deny same.

82.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 82

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 24 of 45
- 25 -

LEGAL02/30203753v1

83.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 83

that are directed against the other named defendant and can neither admit nor deny same.

84.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 84

that are directed against the other named defendant and can neither admit nor deny same.

85.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 85

that are directed against the other named defendant and can neither admit nor deny same.

86.

Upon information and belief, Defendant states that waste ash from the facility 

boilers contained nonhazardous substances. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the remaining 

allegations of Paragraph 86 and can neither admit nor deny same.

87.

Defendant admits that ashes from facility boilers were deposited at various times 

on Facility property but Defendant denies that said ashes caused or contributed to 

Plaintiffs’ alleged injuries in any way. Except as thus stated, denied.

88.

Denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 25 of 45
- 26 -

LEGAL02/30203753v1

89.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 89 as they pertain to the other named 

defendant and can neither admit nor deny same.

90.

Denied.

91.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 91 as they pertain to the other named 

defendant and can neither admit nor deny same.

92.

Defendant denies that any pentacholorphenol, creosote, or CCA for which this 

Defendant is allegedly responsible caused or contributed in any way to Plaintiffs’ alleged 

injuries. Defendant states that Paragraph 92 contains insufficient predicate information 

for Defendant to admit or deny the remaining allegations.

93.

Defendant denies that any air emissions or disposal for which this Defendant is 

allegedly responsible caused or contributed in any way to Plaintiffs’ alleged injuries. 

Defendant states that Paragraph 93 contains insufficient predicate information for 

Defendant to admit or deny the remaining allegations. Defendant is without knowledge 

or information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 93 that are directed against the other named defendant and can neither admit 

nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 26 of 45
- 27 -

LEGAL02/30203753v1

94.

Defendant denies that any air emissions or disposal for which this Defendant is 

allegedly responsible caused or contributed in any way to Plaintiffs’ alleged injuries. 

Defendant states that Paragraph 94 contains insufficient predicate information for 

Defendant to admit or deny the remaining allegations. Defendant is without knowledge 

or information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 94 that are directed against the other named defendant and can neither admit 

nor deny same.

95.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 95 that are directed against the other 

named defendant and can neither admit nor deny same.

96.

Denied.

97.

Defendant denies that any pentacholorphenol, creosote, or CCA for which this 

Defendant is allegedly responsible caused or contributed in any way to Plaintiffs’ alleged 

injuries. Defendant states that Paragraph 97 contains insufficient predicate information 

for Defendant to admit or deny the remaining allegations.

98.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 98

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 27 of 45
- 28 -

LEGAL02/30203753v1

99.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 99

that are directed against the other named defendant and can neither admit nor deny same.

100.

Denied as to Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 100

that are directed against the other named defendant and can neither admit nor deny same.

101.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 101

that are directed against the other named defendant and can neither admit nor deny same.

102.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 102

that are directed against the other named defendant and can neither admit nor deny same.

103.

Defendant admits that it has conducted remediation activities at the Facility in 

accordance with directions and approvals from the ADEM and the EPA. Defendant is 

without knowledge or information sufficient to form an opinion or belief as to the truth of 

the remaining allegations of Paragraph 103 and can neither admit nor deny same. 

Defendant is without knowledge or information sufficient to form an opinion or belief as 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 28 of 45
- 29 -

LEGAL02/30203753v1

to the truth of the allegations of Paragraph 103 that are directed against the other named 

defendant and can neither admit nor deny same. Except as thus stated, denied.

104.

Denied.

105.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 105 as they pertain to the other 

named defendant and can neither admit nor deny same.

106.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the truth of the allegations of Paragraph 106 as they pertain to the other 

named defendant and can neither admit nor deny same.

107.

The allegations in Paragraph 107 merely state a legal conclusion for which no 

response is required. To the extent Paragraph 107 includes any allegations against this 

Defendant requiring a response, denied.

108.

The allegations in Paragraph 108 merely state a legal conclusion for which no 

response is required. To the extent Paragraph 108 includes any allegations against this 

Defendant requiring a response, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 29 of 45
- 30 -

LEGAL02/30203753v1

109.

Denied as to Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 109

that are directed against the other named defendant and can neither admit nor deny same.

110.

Denied as to Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 110

that are directed against the other named defendant and can neither admit nor deny same.

111.

Denied as to Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 111

that are directed against the other named defendant and can neither admit nor deny same.

112.

Denied as to Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 112

that are directed against the other named defendant and can neither admit nor deny same.

113.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the allegations in Paragraph 113 and can neither admit nor deny same.

114.

Defendant is without knowledge or information sufficient to form an opinion or 

belief as to the allegations in Paragraph 114 and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 30 of 45
- 31 -

LEGAL02/30203753v1

115.

Defendant admits that it entered into a specific tolling agreement applicable to 

some but not all of the 1427 named plaintiffs in this and related cases. Defendant is 

without knowledge or information sufficient to form an opinion or belief as to the truth of 

the allegations of Paragraph 115 that are directed against the other named defendant and 

can neither admit nor deny same. Except as thus stated, denied.

116.

Defendant admits that at various times, some chemical disposal and handling 

activities were subject to federal and state regulatory control. Defendant is without 

knowledge or information sufficient to form an opinion or belief as to the truth of the 

allegations of Paragraph 116 that are directed against the other named defendant and can 

neither admit nor deny same. Except as thus stated, denied. 

117.

Defendant admits that, pursuant to federal and state regulations, it was at certain 

times required to maintain certain documents. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 117 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

118.

Defendant admits that, pursuant to federal and state regulations, it was at certain 

times required to maintain certain documents. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 31 of 45
- 32 -

LEGAL02/30203753v1

Paragraph 118 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

119.

Defendant admits that, pursuant to federal and state regulations, it was at certain 

times required to maintain certain documents. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 119 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

120.

Defendant admits that, pursuant to federal and state regulations, it was at certain 

times required to maintain certain documents. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 120 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

121.

Defendant admits that, pursuant to federal and state regulations, it was at certain 

times required to maintain certain documents. Defendant is without knowledge or 

information sufficient to form an opinion or belief as to the truth of the allegations of 

Paragraph 121 that are directed against the other named defendant and can neither admit 

nor deny same. Except as thus stated, denied.

122.

Defendant admits that Plaintiffs’ counsel transmitted a written demand letter to 

Defendant on or about September 2004. Except as thus stated, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 32 of 45
- 33 -

LEGAL02/30203753v1

123.

Denied.

124.

Denied.

125.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the allegations in Paragraph 125 that are 

directed against the other named defendant and can neither admit nor deny same.

126.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the allegations in Paragraph 126 that are 

directed against the other named defendant and can neither admit nor deny same.

127.

Denied.

COUNT ONE

NEGLIGENCE 

128.

Defendant states that at all times material hereto Defendant has operated the 

Facility consistent with its legal duty to all Plaintiffs in this case and the related cases.

Defendant is without knowledge or information sufficient to form an opinion or belief as 

to the truth of the allegations of Paragraph 128 that are directed against the other named 

defendant and can neither admit nor deny same. Except as thus stated, denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 33 of 45
- 34 -

LEGAL02/30203753v1

129.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 129

that are directed against the other named defendant and can neither admit nor deny same.

130.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 130

that are directed against the other named defendant and can neither admit nor deny same.

131.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 131

that are directed against the other named defendant and can neither admit nor deny same.

132.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 132

that are directed against the other named defendant and can neither admit nor deny same.

133.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 133

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 34 of 45
- 35 -

LEGAL02/30203753v1

134.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 134

that are directed against the other named defendant and can neither admit nor deny same.

COUNT TWO

RECKLESSNESS 

135.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 135

that are directed against the other named defendant and can neither admit nor deny same.

136.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 136

that are directed against the other named defendant and can neither admit nor deny same. 

137.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 137

that are directed against the other named defendant and can neither admit nor deny same. 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 35 of 45
- 36 -

LEGAL02/30203753v1

COUNT THREE

NEGLIGENCE PER SE 

138.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 138

that are directed against the other named defendant and can neither admit nor deny same. 

139.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 139

that are directed against the other named defendant and can neither admit nor deny same. 

140.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 140

that are directed against the other named defendant and can neither admit nor deny same. 

141.

Defendant denies the allegations of Paragraph 141, and its subparts. Defendant is 

without knowledge or information sufficient to form an opinion or belief as to the truth of 

the allegations of Paragraph 141, and its subparts, that are directed against the other 

named defendant and can neither admit nor deny same. 

142.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 142

that are directed against the other named defendant and can neither admit nor deny same. 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 36 of 45
- 37 -

LEGAL02/30203753v1

143.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 143

that are directed against the other named defendant and can neither admit nor deny same. 

144.

Defendant denies that it violated any of the federal regulations cited in 

subsections (a), (b), and (c). Defendant denies all remaining allegations as to this 

Defendant. Defendant is without knowledge or information sufficient to form an opinion 

or belief as to the truth of the allegations of Paragraph 144, and its subparts, that are 

directed against the other named defendant and can neither admit nor deny same.

145.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 145

that are directed against the other named defendant and can neither admit nor deny same. 

146.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 146

that are directed against the other named defendant and can neither admit nor deny same. 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 37 of 45
- 38 -

LEGAL02/30203753v1

COUNT FOUR

INTENTIONAL TORT 

147.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 147

that are directed against the other named defendant and can neither admit nor deny same.

148.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 148

that are directed against the other named defendant and can neither admit nor deny same.

149.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 149

that are directed against the other named defendant and can neither admit nor deny same.

150.

Denied.

151.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 151

that are directed against the other named defendant and can neither admit nor deny same. 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 38 of 45
- 39 -

LEGAL02/30203753v1

152.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 152

that are directed against the other named defendant and can neither admit nor deny same. 

153.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 153

that are directed against the other named defendant and can neither admit nor deny same. 

154.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 154

that are directed against the other named defendant and can neither admit nor deny same.

COUNT FIVE 

NEGLIGENT FAILURE TO TRAIN AND SUPERVISE

155.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 155

that are directed against the other named defendant and can neither admit nor deny same.

156.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 156

that are directed against the other named defendant and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 39 of 45
- 40 -

LEGAL02/30203753v1

157.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 157

that are directed against the other named defendant and can neither admit nor deny same.

158.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 158

that are directed against the other named defendant and can neither admit nor deny same.

COUNT SIX

PRODUCTS LIABILITY

Defendant moves to dismiss Count Six pursuant to its Motion to Dismiss and 

Memorandum of Law in Support thereof. Consequently, no response to Count Seven is 

required. To the extent a response is required to Count Six, Defendant denies the 

allegations in Paragraphs 159 through 164 as to this Defendant. Defendant is without 

knowledge or information sufficient to form a belief or opinion as to the truth of the 

allegations of Paragraphs 159 through 164 that are directed at the other named defendant 

and can neither admit nor deny same.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 40 of 45
- 41 -

LEGAL02/30203753v1

COUNT SEVEN

FAILURE TO WARN

165.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 165

that are directed against the other named defendant and can neither admit nor deny same.

166.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 166

that are directed against the other named defendant and can neither admit nor deny same. 

167.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 167

that are directed against the other named defendant and can neither admit nor deny same. 

168.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 168

that are directed against the other named defendant and can neither admit nor deny same. 

169.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 169

that are directed against the other named defendant and can neither admit nor deny same. 

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 41 of 45
- 42 -

LEGAL02/30203753v1

170.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 170

that are directed against the other named defendant and can neither admit nor deny same. 

171.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 171

that are directed against the other named defendant and can neither admit nor deny same. 

172.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 172

that are directed against the other named defendant and can neither admit nor deny same.

173.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 173

that are directed against the other named defendant and can neither admit nor deny same

COUNT EIGHT

NUISANCE

174.

Denied.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 42 of 45
- 43 -

LEGAL02/30203753v1

175.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 175

that are directed against the other named defendant and can neither admit nor deny same.

176.

Denied as to this Defendant. Defendant is without knowledge or information 

sufficient to form an opinion or belief as to the truth of the allegations of Paragraph 176

that are directed against the other named defendant and can neither admit nor deny same. 

Defendant further pleads that any allegation not specifically admitted above is 

hereby denied.

JURY DEMAND

Defendant demands a jury trial.

WHEREFORE, having answered fully, Defendant prays that Plaintiffs’

Complaint against it be dismissed with all costs cast on Plaintiffs.

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 43 of 45
- 44 -

LEGAL02/30203753v1

Respectfully submitted this 22nd day of December, 2006.

/s/Bernard Taylor

Bernard Taylor (admitted pro hac vice)

Douglas S. Arnold (admitted pro hac vice)

Orlyn O. Lockard, III (admitted pro hac vice)

Counsel for Defendant Louisiana-Pacific

Corporation

OF COUNSEL:

ALSTON & BIRD LLP

One Atlantic Center

1201 West Peachtree Street, N.W.

Atlanta, Georgia 30309

Tel: (404) 881-7000

Fax: (404) 881-7777

bernard.taylor@alston.com

doug.arnold@alston.com

skip.lockard@alston.com

ADDITIONAL COUNSEL:

Dennis R. Bailey 

ASB No. 4845-I71D

R. Austin Huffaker 

ASB NO. 3422-F55R

RUSHTON, STAKELY, JOHNSON, & GARRETT, P.A.

184 Commerce Street

Post Office Box 270

Montgomery, AL 36101

Tel: (334) 206-3100

Fax: (334) 262-6277

drb@rsjg.com (Bailey)

rah2@rsjg.com (Huffaker)

Laura Proctor

ASB 1504-R54L

Associate General Counsel

Louisiana-Pacific Corporation

414 Union Street North, Suite 2000

Nashville, Tennessee 37219

Tel: (615) 986-5878

Fax: 1-866-741-5091

laura.proctor@lpcorp.com

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 44 of 45
- 45 -

LEGAL02/30203753v1

CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of December, 2006, I filed the foregoing via 

the CM/ECF system which will send notice of said filing to the following:

W. Eason Mitchell

Gregory A. Cade

Fred R. DeLeon

W. Lee Gresham, III

Robert Leslie Palmer

Mark R. TerMolen

John C. Berghoff, Jr.

Matthew C. Sostrin

John A. Earnhardt

H. Thomas Wells, Jr.

/s/Orlyn O. Lockard, III

Of Counsel

Case 2:06-cv-00680-LES-CSC Document 13 Filed 12/22/2006 Page 45 of 45