On January 12, 2007 a Party Notice was filed involving a dispute between Boudreaux, Charles, Boudreaux, Deborah, and Advocate Mines Limited, Advocate Mines, Ltd, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Borg-Warner Corporation, Borgwarner, Inc.,, Borgwarner Morse Tec, Inc., Buffalo Pumps, Inc., Cbs Corp., Cbs Corporation, Cbs Corporation, A Delaware Corporation, Crane Co., Csk Auto, Inc. (Individually And D B A "Checker, Daimlerchrysler Corp., Daimlerchrysler Corporation, Does 1-300, Durco International, Inc., Flowserve Corp,, Flowserve Corporation F K A The Duriron Company,, Ford Motor Company, Foster Wheeler Energy Corporation, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, General Electric Company, General Motors Corporation, Georgia-Pacific Llc,, Georgia-Pacific, Llc, Hanson Permanente Cement, Inc. Fka Kaiser Cement, Honeywell International, Inc., Honeywell International Inc.,Fka Alliedsignal,Inc., Imo Industries Inc., Imo Industries, Inc. (Individually And As Sii To, Ingersoll-Rand Company, Kaiser Gypsum Company, Inc., Plant Insulation Company, Rinker Materials Corporation, Sepco Corporation, The Pep Boys Manny, Moe & Jack Of California, Thorpe Insulation Company, Union Carbide Corporation, for civil in the District Court of San Francisco County.
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CONSTANCE MCNEIL, ESQ., SBN 184526 EDWARD P, TUGADE, ESQ., SBN 226797 ELECTRONICALLY LEWIS BRISBOIS BISGAARD & SMITH Le FILED One Sansome St., Suite 1400 ‘Superior Court of California, San Francisco,CA_ 94104 County of San Francisco Tel: 415.362.2580 Fax: 415.434.0882 OCT 23 2007 GORDON PARK-LI, Clerk Attomeys for Defendant BY: JUDITH NUNEZ PLANT INSULATION COMPANY, Deputy Clerk} SUPERIOR COURT OF THE STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO CHARLES BOUDREAUX and DEBORAH BOUDREAUX, CASE NO. CGC-07-274029 NOTICE OF PLAINTIFFS’ FAILURE TO Plaintiffs, } FILE AN OPPOSITION TO DEFENDANT ) PLANT INSULATION COMPANY’S v. } MOTION AND MOTION FOR SUMMARY } JUDGMENT OR, IN THE ALTERNATIVE, ADVOCATE MINES, LTD,, et al, } SUMMARY ADJUDICATION ) Defendants. } Date: October 29, 2007 } Time: 9:30am } Dept: 301 } Judge: The Honorable Peter Busch ) } Action Filed: January 12, 2007 } Trial Date: November 13, 2007 ‘TO THE HONORABLE COURT AND ALL OTHER PARTIES INTERESTED HEREIN: PLEASE TAKE NOTICE that pursuant to the July 26, 2007 Order of this Court Granting Plaintiff's Motion for Preferential Trial Setting and General Order No. 140, section 15.D, the Opposition from Plaintiffs CHARLES BOUDREAUX and DEBORAH BOUDREAUX to the Motion, for Summary Judgment or, in the altemative, Summary Adjudication by Defendant PLANT INSULATION COMPANY (hereinafter “Defendant”) was to be filed and served no later than 5:00 p.m. on Monday, October 22, 2007, No such opposition was filed with the Court or received by Defendant's counsel as of 5:00 p.m. ‘on Monday, October 22, 2007. 1 NOTICE OF PLAINTIFFS’ FAILURE TO FILT AN OPPOSITIONAccordingly, Defendant requests that the Court grant Defendant's Motion for Summary Judgment or, in the alternative, Summary Adjudication in its entirety. Dated: October 22, 2007 Respectfully, LEWIS BRISBOTS BISGAARD & SMITH Lip By: A/ Edward P_Tugade CONSTANCE MCNEIL EDWARD P. TUGADE Atlomeys for Defendant PLANT INSULATION COMPANY NOTICE OF PLAINTIFFS: FAILURE TO FILT AN OPPOSITIONCharles Boudreaux and Deborah Boudreaux v. Advocate Minds, Ltd., et al. San Francisco Superior Court Case No. CGC-07-274029 PROOF OF SERVICE BY ELECTRONIC TRANSMISSION STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO, Tam employed in the County of San Francisco, State of California. | am over the age of 18 and. not a party to the within action, My business address is One Sansome Street, Suite 1400, San Francisco, California 94104. On October 22, 2007, | electronically served (E-Service) via LexisNexis File and Serve pursuant to General Order No. 158, the following document described as: NOTICE OF PLAINTIFF'S FAILURE TO FILE AN OPPOSITION TO DEFENDANT PLANT INSULATION COMPANY’S MOTION AND MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION ‘on all interested parties in this action via the Lexis-Nexis File & Serve, including Attomeys for Plaintifis : Carolin K. Shining, Esq. Eric Brown, Esq. BARON & BUDD P.C, 9465 Wilshire Blvd., Suite 460 Beverly Hills, CA 90212 Telephone: (310) 860-0476 Facsimile: (310) 860-0480 The above document was transmitted by Lexis-Nexis E-Service and the transmission was reported as complete and without error. [X] (STATE) | declare under penalty of perjury under the laws of the State of California that the above is tue and correct. Executed on October 22, 2007 at San Francisco, Califomia. AsiNorma Pezzini ‘Norma Pezzini 3 NOTICE OF PLAINTIFFS’ FAILURE TO FILT AN OPPOSITION