On July 20, 2005 a Motion-Secondary was filed involving a dispute between First Doe Through Tenth Doe, Inclusive, Scott, Michael Gerald, Scott, Nancy Marie, Scott, Robert David, Scott, Thomas Cary, Sobolik, Mary Denise, Wolfarth, Joanne Marie, and 3M Company (Formerly Named Minnesota Mining And, Abb, Inc., Abb, Inc. Which Will Do Business In California As, Ac And S, Inc., Allied Packing & Supply, Inc., Amchem Products, Inc., Asbestos Corporation Ltd., A.W. Chesterton Company, Babcock Borsig Power, Inc.,As The Parent Alter Ego, Cbs Corporation, A Delaware Corporation,, Coltec Industries, Inc.,, Crane Co., Darcoid Company Of California, Db Riley, Inc., Dee Engineering Co., Douglass Insulation Company, Eaton Electrical Inc., Eleventh Doe Through Three Hundredth Doe,, Enpro Anchor Packaging, Foster Wheeler Llc, Foster Wheeler Llc, Survivor To A Merger With, Garlock, Inc., General Electric Company, Graybar Electric Co., Graybar Electric Company, Inc., Hill Brothers Chemical Company, Hopeman Brothers, Inc., Imo Industries Inc., Ingersoll-Rand Company, J.T. Thorpe And Son, Inc., Leslie Controls, Inc., Lucent Technologies, Inc., Lucent Technologies, Inc. As A Successor In, Metalclad Insulation Corporation, Metropolitan Life Insurance Company, Minnesota Mining Corporation, Aka 3M Company, M. Slayen And Associates, Inc., M.Slayen & Associates, Inc., New Iem, Llc, The, Quintec Industries, Inc., Rapid-American Corporation, Sb Decking, Inc., Sb Decking, Inc., Formerly Known As Selby,, Soco-Lynch Corporation, Soco West, Inc., Square D Company, Sterling Fluid Systems, Inc., Sterling Fluid Systems, Syd Carpenter Marine Contractor, Inc., Syd Carpenter Marine Engineering, T H Agriculture & Nutrition Llc, The Darcoid Company Of California, The New Iem, Llc,, Thomas Dee Engineering Company, Thorpe Insulation Company, Triple A Machine Shop, Inc., Union Carbide Corporation, Viacom Inc., As Sbm To Cbs Corp., Fka Westinghouse, for civil in the District Court of San Francisco County.
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Stephen M. Fishback (State Bar No. 191646) Daniel L. Keller (State Bar No. 191738) Katherine Y. Wang (State Bar No. 215663) KELLER, FISHBACK & JACKSON LLP 28720 Roadside Drive, Suite 201 Agoura Hills, CA 91301 Telephone: 818.879.8033 Facsimile: 818,292,889] Attorneys for Plaintiffs ELECTRONICALLY FILED Superior Court of California, County of San Francisco JUN 27 2007 GORDON PARK-LI, Cler BY: LUCIA RAMOS Deputy Clerk SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO NANCY MARIE SCOTT, Individually and as Successor-in-Interest to DENZIL SCOTT, Decedent; JOANNE MARIE WOLFARTH: MICHAEL GERALD SCOTT; ROBERT DAVID SCOTT; THOMAS CARY SCOTT; MARY DENISE SOBOLIK; and FIRST DOE through TENTH DOE, inclusive, Plaintiffs, VS. AC AND S, INC.,, et al., Defendants. Case No. 443236 DECLARATION OF KATHERINE Y. WANG IN SUPPORT OF PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO CRANE CO.’S AND SQUARE D COMPANY’S MOTTON TO VACATE THE TRIAL DATE Date: July 5, 2007 Time: 9:30 a.m, Dept.: 206, Hon. A. James Robertson Trial Date: July 16, 2007 DECLARATION OF KATHERINE Y¥Y. WANG IN SUPPORT OF PLAINTIFFS’ MEMORANDL M OF POINTS AND AUTHORITLES IN OPPOSITION TO CRANE CO."S AND SQUARED D COMPANY'S MOTION TO VACATE THE TRIAL PAGE |Cea 1, Katherine Wang, declare: 1. Lam an attorney duly admitted to practice before all the courts in the State of California and am an associate of KELLER, FISHBACK & JACKSON LLP. The information stated in this declaration is based on my personal knowledge. If called upon as a witness to testify, I could and would testify to the following facts. 2. This asbestos case was filed almost two years ago, on July 20, 2005. 3. On January 2 and January 12, 2007, Crane and Square D served discovery on Plaintiff, respectively. 4, Plaintiff’ objected to Crane and Square D’s discovery on February 6 and March 1, 2007, respectively 5. Crane and Square D filed motions for summary judgment, set for hearing on June 15, 2007. 6. From February 6, 2007 to March 28, 2007, other than filing a summary judgment motion, Crane did not seek or move to compel Plaintiffs" supplemental discovery responses, From March 1, 2007 to March 28, 2007, other than filing a summary judgment motion, Square D did not seek or move to compel Plaintiff” supplemental discovery responses. 7. Asaresult of ongoing formal and informal investigation and discovery, Plaintiffs discovered decedent’s co-workers Mel Gadd and Frank Vassallo and others. Plaintiff's opposed Crane and Square D's motions for summary judgment with Mr. Gadd’s and Mr. Vassallo’s declarations on June 1, 2007. 8. From June 1, 2007 to June 15, 2007, discovery remained open, However, neither defendant subpoenaed non-party witnesses Mel Gadd and Frank Vassallo while discovery was open. Neither defendant served supplemental discovery seeking further responses from Plaintiffs 9. Instead, on June 8, 2007, Crane and Square D’s counsel left 2 voice mail message or me requesting that I stipulate to re-open discovery to provide the defendants with additional time to conduct discovery regarding non-party witnesses Mel Gadd and Frank Vassallo. SOUSRED D COM!aa ew 10. On June 15, 2007, the Honorable Peter Busch, sitting-in for the Honorable Patrick Mahoney, denied Crane and Square 1’s motions for summary judgment. i. Discovery closed on June 15, 2007. 12. Trial is set to begin on July 16, 2007 and Plaintiffs have expended a considerable amount of time, resources and expenses in preparing their experts for deposition. 13. Thus far, Plaintiffs have confirmed the following expert depositions: 1. Charlie Ay, Asbestos Materials Specialist — 7/10/12:00 p.m. Dr. Barry Ben-Zion, Eonomist— 7/16/3:00 p.m. Dr. Barry Castloman, State of the Art Expert — 7/13/9:00 a.m. Ken Cohen, Industrial Hygienist - 7/16/9:00 a.m. Richard Hatfield, Asbestos Materials Analyst — 7/9/ 11:00 a.m. Dr. Barry Horn, Pulmonologist - 7/12/ 3:00 p.m. 2 oP ee YPN Dr. William Salyer, Pathologist - 7/9/3:00 p.m. It would be nearly impossible to reschedule these experts’ deposition and trial testimony schedules if the current trial date is re-set not to mention the additional expenses Plaintiffs must incur to re- schedule. I declare under the penalty of perjury under the laws of the State of California that the above is true and correct. Executed on June 27, 2007 in San Francisco, California. Pel BECLARATION Of KAVIERINE¥ WANG SUFCORE OF FLAINIFS MIORANDUMOFFOINS AND AUTHORITIES OMDSEEDNTO GRAM COSSAND SQUARED B COMPANY'S MOTION TO VACATE THE TRIAL.