Motion-Secondary: JAMES RODAMER VS. A.W. CHESTERTON COMPANY et al

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                                t Mark S. Kanneitt (SBN 104572) ELECTRONICALLY
Emily D. Bergstrom (SBN 191395) FILED

2 BECH ERER, KANNETT & SCHWEITZER Superior Court of California,

3 2200 Powell Street, Suite 805 County of San Francisco
Emeryville, California 94608 JAN 03 2007

4 | Telephone: (510) 658-3600 GORDON PARK-LI, Clerk
Facsimile: (510) 658-1154 BY: VANESSA WU

2 Deputy Clerk

Attorneys for Defendants

© | International Paper Company
7 || Lydall, Inc.
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
I
li
JAMES RODAMER and NANCY Case No. CGC-06-456569
RODAMER
te DECLARATION OF EMILY D.
13 Plaintiffs BERGSTROM iN SUPPORT OF
VS DEFENDANTS’ OPPOSITION
14 ) TO PLAINTIFFS’ MOTION FOR
15 PREFERENGE
A.W, CHESTERTON COMPANY et al., .
16 Hearing Date: January 17, 2007
Defendants. Time: 9:30 a.m.
17 Dept.: 206
1s Judge: Hon. Robert L. Dondero
19 Complaint filed: September 28, 2006
Trial Date: None Set
20)
21
22
23 |, Emily D. Bergstrom declare:
echerer 24
annett & . : : , .
shweitzer 1. | am an attorney licensed fo practice law in the State of California. | am an
25
8 attorney employed at Becherer Kannett & Schweitzer who is counsel of record for
we Rs 26
sererble GA international Paper Company in this action. If called upon to testify to the following facts,
153 160) oT
| could do so competently and accurately according to my personal knowledge.
28

PLAINTIFFS MOTION FOR PREFERENCEBecherer
Kannett &
‘Schweltzer

Erapeile C4

2. Piaintiff James Rodamer's deposition is not completed. One day of Mr.
Rodamer's testimony was taken on December 28, 2006 after the deposition had been
rescheduled for several different dates. Counsel for defendants has not yet had an
opportunity to examine Mr. Rodamer regarding the specifics of defendants’ alleged
liability as of this time. Mr. Rodamer's deposition has been reschedule for January 16,
2007. A true and correct copy of the letter rescheduling plaintiff's deposition is attached
as Exhibit A

3 Plaintiff Nancy Rodamer’s deposition has not been scheduled or

commenced.

4. This case necessitates investigation of each of plaintiffs alleged or known
exposures to asbesios-containing materials. Many of the pinnacle facts of this case are
unknown to defendants to date and those facts that have been uncovered will need
further investigation. For example, at plaintiff's deposition on December 28, 2006,
defendants learned for the first time that plaintiff lived in Manville, New Jersey near a
Johns Manville facility for approximately 10 years (1943-1953) as a child and teenager
during which time his father was employed at the Manville plant. Additionally, plaintiff
lived in Manville, New Jersey with his wife for one year during 1958 and 1959. It is this
type of information, which was only recently learned on December 28, 2006, that must
now be investigated because it could lead to relevant information showing the cause of
plaintif's disease

5. According to the brief testimony elicited on December 28, 2006 and to
plaintiffs’ verified interrogatory responses, plaintiff's working career has spanned 50
years Plaintiff's verified interrogatory responses are attached hereto as Exhibit B
Plaintiff served in the Marines during the middle 1950s and then worked in New Jersey
for a short time in the late 1950s as a machine assembler. After that, plaintiff moved to

2

”“BEFENDANTS INTERNATIONAL PAPER COMPANY AND LYDALL ING 'S
‘OPPOSITION TO PLAINTIFFS’ MOTION FOR PREFERENCEBecherer
Kennett &
‘Schweitzer

Fool St

California where he worked for Raychem Corporation from 1953 to 1973, After 1973,
plaintiff worked in the plumbing and appliance industries through 2003 During this span

of years, plaintiff was involved in remodeling work.

| declare under penalty of perjury according to the laws of the State of California

that the foregoing is true and correct

Executed on: yf 2/01 hwe—

Cp

Emily D. Bergstrom

3

DEFENDANTS INTERNATIONAL PAPER COMPANY ANE LYDALL NGS.
‘OPPOSITION TO PLAINTIFFS’ MOTION FOR PREFERENCEEXHIBIT “A”12/28/2008 18:05 FAX + Recherer,Kannett @o02/005

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December 28,

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Vanessa Guillatte

10 Ald. DEFENSE CC
(See attached seivive list)

Riz James Radumer cme Nancy Roduwier LH. Chesterton Company. etal.
San Framciseo Superivr Court. Case No RG 06: 436569

car Counsel,

PLEASE BE ADVISED that Uv: deposition of PlaimiiT lames Rodamet will not go

focward tomorrow, December 29, 2006.

Lhe deposition wilt continue on January 16-17, 2006 at 10:00 am. at the Residence Inn by
Marriott 5400 Farwell Place Fremont CA 94536: tel: 310-794-5900

Thank yew for you cooperation in this matter

Very uly yours,

1, 20 Reaver pasion Plans
linge trend de dite hy REE dosEXHIBIT “B”2/19/2008 17:31 FAK

> Becherer,Kannett Q001/010

ln Papew|

WILLIAM A. LEVIN, ESQ, (SBN 98592]
MARTHA A, Hi. BERMAN, ESQ {SBN 122212]
LEVIN SIMES KAISER & GORNICK LIP

44 Montgomery St, 36" Floor

San Francisco, CA 94104

Telephone: (415) 646-7160

Fax: (415) 981-1270

Attorneys for Plaintiff
JAMES RODAMER
AND NANCY RODAMER

SUPERIOR COURT OF CAUJFORNIA

COUNTY OF SAN FRANCISCO
(Unlimited Jurisdiction)

Defendants.

JAMES RODAMER AND NANCY } Case No. 06-456559
RODAMER, }
} PLAINTIFF'S ANSWERS 10
Plaintiffs, } STANDARD INTERROGATORIES
3 PROPOUNDED BY DEFENDANTS
vs 5
} Personal Injury)
A.W CHESTERTON CO, et ai., 5
} Set2
)

Comes now plaintiff JAMES RODAMER and responds to defendants’ standard interrogatories
(personal injury) Set 2, as follows. Ploase note that plaintiff has only just begun discovery in this cnse
and that discovery is continuing with respect to each interrogstory and sub interrogatory. In addition,
plaintifé respectfully objects to each interrogatory and sub interrogatory insofar as it calls for
privileged work product or privileged attomey client communication and insofar as it constitutes am
invasion of privacy as guaranteed by Article J, Section I of the California Constitution Without

waiving these objections, plaintiff responds as follows:

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1 ANDARD INTERROGAIORY, Set 2, No. 1:
Plaintiff responds as follows to DEFENDANTS’ STANDARD INIERROGATORIES TO

PLAINTIFF, Set 2, Number 1, subsections A through G:

Plaintiff has expended great effort to provide complete and straightforward responses to each
and every part and subpart of this standard interogatory. This response contains only that information
which plaintiff can currently recall regarding his work duties on various jobs throughout his career
Plaintiff reserves the tight to continue research and discovery on these issues

Plaintiff was occupationally exposed to airbome asbestos fibers. From 1959-1973 he worked
a8 a maintenance mechanic and maintenance supervisor at Raychem Corporation in Redwood City and
‘Menlo Park, CA, a manufacturing facility that made some asbestos-containing products. Plaintiff was

exposed to the asbestos-containing products manufactured at the plant and was exposed to ashestos-

the machine shop and fed a maintenance crew. He also worked at the Chemelex Corporation site in

‘Redwood after it was sequired by Raychem. Chomelex manufactured an asbestos-containing paper.

For a detailed description of Mr Rodamer's camployment history and duties, see attached Exhibit “4
Plaintiff's social seourity records have been previously provided to you

Plaintiff anticipates that he will recall further details regarding the cizcumstances of any
asbestos exposure at his deposition and thereafter until trial. Plaintiff provides this response withou.

prejudice to supplementation during the continuing prosecution of this case
STANDARD INTERROGATORY. Set 2, No.

Plaintiff is not currently awate of any depositions of any of the individuals identified in

response to interrogatory number one (1) and, if so, the circumstances surrounding such deposition.

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12/19/2908 11:32 Fax

This matter is a topic of ongoing research Plaintiff reserves the right to supplement this respons:

subsequently discovered information as any such information is discovered.

STANDARD INTERROGATORY. Set 2, No. 3:
Plaintiff is currently unaware of any other relevant, non-privileged documents responsive to

this request that have not already been provided to defendants in this or other similar cases or which
have been made available to defendants or that are equally available to defendants through theit own,

investigation

Dated: December 19, 2006

LEVIN SIMES KAISER 6 GORNICK LLP

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Attomeys for Plaintiff
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JAMES RODAMER’S EMPLOYMENT HISTORY:

Employer's Name & Address: U.S. Marine Corps
Job Title: Combat Engineer

Date Started: 1953

Date Ended: 1957

Description of job duties: Combat Engineer; plaintifi built barracks, Quonset huts, pontoon
bridges and schools and performed miscellaneous building repairs and maintenance

Job Sites: Plaintiff underwent basic training at Paris Island and was subsequently assigned to
Edenton, North Carolina He attended carpenter school at Camp Le Jeune, NC and underwent
combat training at Camp Pendleton, CA. He toured the Far Bast including Okinawa and the
Philippines. Upon return from the Far Bast, and prior to discharge from active duty he was
stationed at Philadelphia Navy Yard where he was assigned to Public Works.

Estimate of total time at those sites: 4 years

Investigation and discovery are continuing

Employer's Name & Address: Frank W. Egan & Co., Somerville, NI

Job Title. Helper/ Machinery Assembler

Date Started: 1957

Date Ended: 1959

Description of job duties: Plaintiff worked as a helper and machinery assembler at this plant
that menuiactured machinery used to make extrusion coatings such as wire coating, sheet
plastic and coated paper He performed fabsicating, diilling, fitting and grinding work

Job Sites: Frank W Eagan & Co., Somerville, NJ

Estimate of total time at those sites: 2 years

Investigation and discovery are continding.

Employer's Name & Address: Raychem Corporation, Redwood City, CA *
Job Title: Maintenance Mechanic/ Leadman/ Maintenance Supervisor

Date Started: 1959

Date Ended: 1973

Description of job duties: Raychem made wire, wire coatings, tubing, molded parts and
varfous electrical components. Raychem also made much of the machinery they uscd in their
manufacturing processes. Piaintiff worked ia the machine shop. Plafutiff tore down and
rebuilt two boilers at the facility

After a few yeats, Plaintiff was promoted fo T.eadman, in charge of @ maintenance crew.
Raychem built an additional complex consisting primarily of anew chemical plant, Plaintfl
worked on Cieaver Brooks boilers installed in the new plant and was exposed to other
insulation products Raychem purchesed theit thermal insulation and other asbestos-containing
products from P E. O*Hair

Raychem added other new buildings during Plaintiff's tenure and his duties were basically the
same.

When Raychem purchased Chemelex Corp. in 1969, Chemelex began production of certain
products at Raychem. Chemelex used an asbestos-containing paper in some of their products
including waterbed heaters and a product used in bun warmers and also to heat pipes. The
asbestos paper was purchascd from Manning Paper and Strathmore Paper The paper was cut,
punched and laminated as part of their manufacturing process

Job Sites: Raychem Corp manufacturing facility, Redwood, City, CA and Menlo Park, CA;
Chemelex facility, Redwood City, CA.

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Estimate of total time at those sites: 14 years
Plaintiff contends that he was exposed to asbestos at this location; investigation and discovery
are continuing

Employer's Name & Address: (E LN Inc.) Union Station, Union City, CA
job Title: Restaurant Manager/ Owner

Date Started: (973

Date Ended: 1976

Description of job duties: Plaintiff co-owned and managed the business affairs of the Union
Station restaurant unti} he sold his interest in 1976. He also performed remodel work

Job Sites: Union Station, Union City, CA.

Estimate of total time at those sites: 3 years

Investigation and discovery are continuing

Employer's Name & Address: 21° Century Enterprises Inc.
Job Title; Investigation and discovery are continting

Date Started: 1976

Date Ended: 1976

Plaintiff does not curzently recall this employment Social security secords indicate
enaployment in the 3” quarter of 1976 Investigation and discovery are continuing,

Mmployer's Name & Address: Larry’s Plumbing, Union City, CA.
Jobe: Plumbea/ Installer
Date Started: 1976

Description of job duties: Plaintiff performed general plumbing work for a plumbing
contractor, ‘The contractor also had a contact with Sears to deliver end install appliances
Job Sites: Various private residences in Northern Califomia

Estimate of total time at those sites: 3 yoars

Investigation and discovery are continuing

Employer's Name & Address: Self-employed: California Kitchens, Fremont, CA
Job Title; Owner/ Plumber/ Installer

Date Started: 1979

Date Ended: 1996

Description of job duties: Plan formed his own company to handle Sears appliance
installations and performed the same work as for Larry's Plumbing, described above.
Job Sites: Various commercial and residential in the Bay Arca

Estimate of total time at those sites: 17 years

Investigation and discovery ate continuing

Employer's Name & Address: Apex Property Management, 22693 Hesperian Bivd., Ste,
100, Hayward, CA

Job Title: Maintenance and Repairman

Date Started: 19%

Date Ended: March 28, 2006

Description of job duties: Plaintiff performed maintenunce and repair on Bay Area rental
properties for this property management company. He worked on single-family homes and
apartment buildings, some very old and some new. Plaintiff stopped working in March 2006
due to his illness

Job Sites: Various commercial and residential in the Bay Area

Estimate of total time at those sites: 10 years.

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Plaintiff is alleging that any exposure 10 yeats ago to the presont is not causative; investigation
and discovery are continuing

Employer's Name & Address: A Home Repairs & Painting Inc., 1771 Bobolink Ct.,

Hayward, CA
Job Title: Maintenance and Repairman
Date Started: 2002

Date Ended: 2003
Desription of ob dues: & Home Reps & Painting was apart of Apex Property
Management. Plaintiff performed the same work as at Apex Property Management, described
above

Job Sites: Vasious commercial and residential in the Bay Area

Investigation and discovery are continuing

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PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

|, Del T. McKay, declare that | am, and was at the time of service of the documents
herein referred to, over the age of 18 years, and not a party to the action; and | am
employed in the County of Alameda, State of Califomia. My business address is 2200
Powell Street, Suite 805, Emeryville, California 94608

On January 3, 2007, | electronically served the document(s) via LexisNexis File &
Serve described as.

DEFENDANTS INTERNATIONAL PAPER COMPANY AND LYDALL,
INC.’S OPPOSITION TO PLAINTIFFS’ MOTION FOR PREFERENCE

DECLARATION OF EMILY D. BERGSTROM IN SUPPORT OF
DEFENDANTS’ OPPOSITION TO PLAINTIFFS’ MOTION FOR
PREFERENCE

on the recipients designated on the Transmission Receipt located on the LexisNexis File &
Serve website.

| declare under penalty of perjury pursuant to the laws of the State of California that

the foregoing is true and correct and that this declaration was executed on January 3, 2007,
at Emeryville, California

DM sf
DeliT. McKay

1

PROOF OF SERVICE BY ELECTRONIC TRANSMISSION

James and Nancy Rodamer v. A.W. Chesterton Gp., et al.
Gan Eranciern Gunering Coif Case Nn 458569