Clerk Notice: KENNETH MOSES SR. VS. KAISER GYPSUM COMPANY, INC. et al

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                                William M. Hake, Esq. (SBN 110956)
Bill. Hake@wilsonelser.com

John E. Rosenthal, Esq. (SBN 233591) ELECTRONICALLY
John.Rosenthal@wilsonelser.com FILED
B. Gardiner McKleroy, Esq. (SBN 239367)
Gardiner.McKleroy@wilsonelser.com a eouaa Mn moneaenee
Marion V. Cruz (SBN 244223) 10/06/2015
Marion.Cruz@wilsonelser.com Glerk of the Court
Whitney C. Barnecut (SBN 283012) BY:ALISON AGBAY
Whitney. Barnecut@wilsonelser.com Deputy Clerk
WILSON, ELSER, MOSKOWITZ,

EDELMAN & DICKER LLP

525 Market Street, 17th Floor
San Francisco, California 94105
Telephone: (415) 433-0990
Facsimile: (415) 434-1370

Attorneys for Defendants
GOLDEN GATE DRYWALL
PACIFIC COAST BUILDING PRODUCTS, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA.
COUNTY OF SAN FRANCISCO

KENNETH MOSES, Case No.: CGC-13-276180

Plaintiff, DEFENDANTS GOLDEN GATE
DRYWALL AND PACIFIC COAST

v. BUILDING PRODUCTS, INC.’S NOTICE
OF HEARING ON MOTION TO

KAISER GYPSUM COMPANY, INC., e¢ al. EXCLUDE TESTIMONY OR EVIDENCE
OF DR. DONALD BREYER AT TRIAL;
Defendants. NOTICE OF CONSIDERATION OF
SANCTIONS

Date: October 13, 2015
Time: 9:00 a.m.
Dept.: 503

Action Filed: August 21, 2013
Trial Date: October 13. 2015

TO THE COURT, PARTIES, AND THEIR RESPECTIVE ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on October 13, 2015 at 9:00 a.m. or as soon thereafter as the
matter may be heard in Department 503 of the San Francisco County Superior Court, located at 400}
McAllister Street, San Francisco, California 94102, Defendants Golden Gate Drywall (“GGD”) and}

Pacific Coast Building Products, Inc. (“PCBP”) will appear on their Motion To Exclude Testimony}

1

DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF HEARING ON MOTION
TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL; NOTICE OF CONSIDERATION OF SANCTIONS
1454514y.1Or Evidence Of Dr. Donald Breyer At Trial.

The hearing date was assigned by the Court pursuant to GGD and PCBP’s ex parte!
application filed on October 6, 2015. Notice is hereby provided that the Court provides notice that]
discovery sanctions will be considered by the Court. Attached hereto as Exhibit A is a true and}

correct copy of the Court’s Order Shortening Time On Motion.

Dated: October 6, 2015 WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER
LLP

we LL Leal

Williayk M. Hake

Johrr£. Rosenthal

B. Gardiner Mckleroy

Marion V. Cruz

Whitney C. Barnecut

Attorneys for Defendants

GOLDEN GATE DRYWALL

PACIFIC COAST BUILDING PRODUCTS, INC.

2

DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING PRODUCTS, INC.’S NOTICE OF HEARING ON MOTION
TO EXCLUDE TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL; NOTICE OF CONSIDERATION OF SANCTIONS,
1454514y.1William M. Hake, Esq. (SBN 110956)

Bill. Hake@wilsonelser.com

John E. Rosenthal, Esq. (SBN 233591)

John Rosenthal@wilsonelser.com

B. Gardiner McKleroy, Esq. (SBN 239367)

Gardiner.McK leroy@wilsonelser.com

Marion V. Cruz (SBN 244223)

Marion.Cruz@wilsonelser.com

Whitney C. Bamecut (SBN 283012)

Whitney.Bamecut@wilsonelser.com

WILSON, ELSER, MOSKOWITZ,
EDELMAN & DICKER LLP

525 Market Street, 17th Floor

San Francisco, California 94105

Telephone: (415) 433-0990

Facsimile: (415) 434-1370

Attomeys for Defendants
GOLDEN GATE DRYWALL

Than, # STINE |

ENDORSED
San Francisco County Superior Court
OCT 06 2015

CLERK OF THE

Deputy Clerk

PACIFIC COAST BUILDING PRODUCTS, INC.

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF SAN FRANCISCO

KENNETH MOSES,
Plaintiff,
Vv.
KAISER GYPSUM COMPANY, iNC., ef al.

Defendants.

Case No.: CGC-13-276180 Ge
{LROPRESED) 6
TESTIMONY OR EVIDENCE OF DR.

7

ALTERNATIVELY FOR ORDER
SHORTENING TIME ON MOTION

Date: October 6, 2015
Time: 11:00 a.m.
Dept.: 503

Action Filed: August 21, 2013
Trial Date: August 31, 2015

TO ALL PARTIES AND THEIR RESPECTIVE ATTORNEYS OF RECORD:

PLEASE TAKE NOTICE that on October 6, 2015 at 11:00 a.m. in Department 502 of the
San Francisco County Superior Court, Defendants Golden Gate Drywall (“GGD*) and Pacific}
Coast Building Products, Inc. (“PCBP”)’s Ex Parte Application for an Order Barring Testimony Or
Evidence Of Dr. Donald Breyer At Trial, Or Alternatively For Order Shortening Time On Motion]

came on for hearing.

}] ORDER GRANTING EX PARTE APPLICATION BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT

7 TRIAL, OR ALTERNATIVELY FOR ORDER SHORTENING TIME ON MOTION

1453954v.1After full consideration of the matter, the Court finds as follows:

OD CAUSE APPEARING, IT IS HEREBY ORDERED:

Defendants Gi PCBP’s Ex Parte Application for an ring Testimony Or]

Evidence Of Dr. Donald Breyer At Trial - The reports and opinions of Dr. Donald

shall not be used or referenced in|

Breyer disclosed after the May 3, Close of expert di

Plaintiff's case-in-chicf, and shall not be relied on by any of Plaintiffs expertsin Plaintiff's case-in-]

ir. Breyer shall not testify in Plaintiff's case-in-chief.
[Alternatively, IT IS HEREBY ORDERED that Defendants GGD and PCBP’s Ex Parte}
Application For Order Shortening Time On Motion To Exclude Testimony Or Evidence Of Dr]

Donald Breyer At Trial is GRANTED.

GGD and PCBP's Motion shall be heard on:_ 0 Cb olge - 1, BelS at A bdam

The motion shall be filed-end-servet-orr: AOXS! 2x parle Paes

Plaintiff's opposition isdueons Shall be [ks wren oppesitisin te

Reply is dxeon— Waived J t ex parte
[IT IS FURTHER ORDERED that

Neendanks shall flea nee of hearing The
_ Court poviades nehce thal Atscevery yanchons ]
will be considered by the Court. S

IT IS SO ORDERED.

Dated: [oles

TERI! L. JACKSON

2

PROPOSED] ORDER GRANTING EX PARTE APPLICATION BARRING TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT
TRIAL, OR ALTERNATIVELY FOR ORDER SHORTENING TIME ON MOTION

1453954v.1PROOF OF SERVICE

I, Jordana Better, declare as follows: I am employed in the County of San
Francisco, State of California. My business address is Wilson, Elser, Moskowitz,
Edelman & Dicker, LLP, 525 Market Street, 17" Floor, San Francisco, CA 94105. lam
over eighteen years old and not a party to this action.

On the date set forth below, I served the following document(s) described as:

DEFENDANTS GOLDEN GATE DRYWALL AND PACIFIC COAST BUILDING
PRODUCTS INC.’S NOTICE OF HEARING ON MOTION TO EXCLUDE
TESTIMONY OR EVIDENCE OF DR. DONALD BREYER AT TRIAL; NOTICE
OF CONSIDERATION OF SANCTIONS

(1: By United States Mail. I placed the envelope(s) for collection and mailing,
following our ordinary business practices. I am readily familiar with this
business’s practice for collecting and processing correspondence for mailing. On
the same day that correspondence is placed for collection and mailing, it is
deposited in the ordinary course of business with the United States Postal Service,
in a sealed envelope with postage fully prepaid.

CA: By Overnight Delivery. I enclosed the documents in an envelope or package
provided by an overnight delivery carrier and address to the persons at the
addresses below. I placed the envelope or package for collection and overnight
delivery at an office or a regularly utilized drop box of the overnight delivery
carrier.

(1): By Messenger Service. I served the documents by placing them in an envelope
or package addressed to the persons at the addresses listed below and provided
them to a professional messenger service for service.

CJ: | By Fax Transmission. Based on an agreement of the parties to accept service by
fax transmission, I faxed the documents to the persons at the fax numbers listed
below. No error was reported by the fax machine that I used. A copy of the
record of the fax transmission, which was printed out, is attached.

KX]: By Electronic Service. In the ordinary course of business, the foregoing
documents were served to all parties and their counsel counsel registered with File
& ServeXpress, as designated on the Transaction Receipt available on the File &
ServeXpress website.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed October 6, 2015, at San Francisco, California.

yrdana Better

PROOF OF SERVICE