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BRYDON
Huco & PARKER
135 MAIN STREET
20" FLOOR
Son Francisca, CA 9105
John R, Brydon [Bar No, 083365]
George A. Otstott [Bar No. 184671]
Robert L. Oca [Bar No. 216739]
BRYDON HUGO é& PARKER ELECTRONICALLY
135 Main Street, 20th Eloor FILED
San Francisco, CA 94105 Superior Court of California,
Telephone: (415) 808-0300 County of San Francisco
Facsimile: (415) 808-0333 DEC 01 2009
GORDON PARK-LI, Clerk
Attorneys for Defendant BY: VANESSA WU
BAYER CROPSCIENCE, INC, successor to Deputy Clerk
AMCHEM PRODUCTS, INC.
SUPERIOR COURT ~ STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION
CHARLES TOBEY, (ASBESTOS)
: : Case No: 274226
Plaintiff,
EX PARTE APPLICATION FOR ORDER
v. SHORTENING TIME TO FILE AND HEAR
MOTION OF DEFENDANT BAYER
ASBESTOS DEFENDANTS (BP), et al., CROPSCIENCE, INC., SUCCESSOR TO
AMCHEM PRODUCTS, INC,, TO
Defendants. COMPEL PRODUCTION OF
BANKRUPTCY TRUST CLAIM FORMS
[Filed concurrently with Memorandum of
Points & Authorities and Proposed Order]
Date: ‘December 1, 2009
Time: 11:30 a.m.
Dept: 610
Action Filed: June 6, 2007
Trial Date: May 10, 2010
Defendant BAYER CROPSCIENCE, INC., successor to AMCHEM PRODUCTS,
INC,, (“Amchem’” for ease of reference) through its counsel hereby applies ex parte for an
order shortening time to file and hear its motion to compel the production of claim forms
submitted by Plaintiff CHARLES TOBEY (“Plaintiff”) to various asbestos bankruptcy
trusts. Amchem intends to file and serve its motion to compel, electronically, no later than
4:00 p.m, today,
1
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE AND HEAR MOTION OF BAYER
CROPSCIENCE, INC. SUCCESSOR TO AMCHEM PRODUCTS, INC., TO COMPEL PRODUCTION OF
BANKRUPTCY TRUST CLAIM FORMSOC 6 ND WH BR BW Nm
Nee
SRR ERB EB BS FER FBAE GBS BS
28
BRYDON
Huco & PARKER
138 Main SRST
20" FLOOR
‘San Francises, CA 94105
On September 17, 2009, the court continued the trial date of Brayton Group 513 to
May 10, 2010 but did not continue the discovery cut-off date of December 18, 2009 for the
above referenced matter. This application is made on the grounds that Plaintiff failed to
product copies of said claim forms despite the fact that Plaintiff identified them in
responses to special interrogatories and requests for production propounded by Amchem,
and despite informal requests to resolve the issue. Amchem always seeks the production
of trust claim forms as they may provide further information regarding causation and
alternative exposures/Proposition 51, e.g., products and products identification, times,
places, location, and names of potential witnesses.
The parties have met and conferred and Plaintiff has offered to produce the
documents by the end of this week. However, based on the current discovery cut-off date,
the hearing date of any noticed motion to compel production would be after the close of
discovery and the parties cannot stipulate to extending the cut-off without a separate
noticed motion. Accordingly, in order to protect its interest, Amchem brings this ex parte
application.
This application is based on all pleadings, papers, and records in this action and the
memorandum of points and authorities submitted with the application. Also in support of
this application, counsel for Amchem can state the following based upon personal
knowledge:
1. Attached hereto as Exhibit A is a true and correct copy of various e-mail
exchanges with Plaintiff's counsel re production of the trust claim forms.
2 Attached hereto as Exhibit B is a true and correct copy of my November 23,
2009 letter to Plaintiff's counsel and notice of ex parte appearance for December 1, 2009.
3. Attached hereto as Exhibit C is a true and correct copy Plaintiff's counsel’s
most recent offer to produce the trust claim forms and my response.
4, The delay in hearing this matter after the normal time for service of the
above-described papers would cause a substantial hardship to Amchem because discovery
2
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE AND HEAR MOTION OF BAYER
CROPSCIENCE, INC. SUCCESSOR TO AMCHEM PRODUCTS, INC., TO COMPEL PRODUCTION OF
BANKRUPTCY TRUST CLAIM FORMSDp we YN DA UH BF YW NH
pet etett
BRB Se AA aAE SH SS
28
BRYDON
Huo & PARKER
135 MalN STREET
20" FLOOR
‘San Francisco, CA 94105
closes on December 18, 2009. Amchem would not be able to prepare adequately for trial
without the production of the trust claim forms.
5. Amchem will suffer irreparable harm should they not be allowed to hear its
motion as Plaintiff's refusal to comply with Defendants’ discovery requests limits
Amchem’s right to discovery and its efforts to adequately prepare for trial.
6. Plaintiff's counsel of record is Brayton Purcell LLP, 222 Rush Lancing Road,
Novato, California.
7. In his initial response to special interrogatories, Plaintiff identified four claims
to trusts. On October 26, 2009, Plaintiffs served their responses to Amchem’s set II special
interrogatories identifying two additional two trust claims. On November 16, 2009, I e-
mailed Plaintiff's counsel looking seeking the name of the attorney handling the matter.
On November 19, 2009, I telephoned and e-mailed Plaintiffs counsel Effat Hussain
requesting production of the documents. On November 23, 2009, I sent a letter to Plaintiff's
counsel requesting copies of the documents and stating that if our office did not receive
copies of the documents by no later than Monday, November 30, 2009, on behalf of
Amchem, I would appear ex parte on December 1, 2009 seeking an order shortening time to
file a motion te compel production.
8. On November 30, 2009, Plaintiff's counsel offered to produce the documents
by December 4, 2009 in exchange for a stipulation to extend the time to file Amchem’s
motion. In response, I explained to counsel that based on the discovery cut-off date, any
stipulation would be meaningless without a court order.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
DATED: December 1, 2009 BR GO & PARKER
By:
Robert ca
Attorney for Defendant
BAYER @ROPSCIENCE, INC., successor to
AMCHEM PRODUCTS, INC.
3
EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE AND HEAR MOTION OF BAYER
CROPSCIENCE, INC. SUCCESSOR TO AMCHEM PRODUCTS, INC., TO COMPEL PRODUCTION OF
BANKRUPTCY TRUST CLAIM FORMSEXHIBIT APage 1 of 1
“Vobey
Robert Oca
From: Robert Oca
Sent: Monday, November 16, 2009 3:27 PM
To: Chris Hersom
Ce: Jeremy K. Heebner
Subject: Who is now handling Bayer CropScience?
Chris,
Who is now handling Bayer CropScience over there. | have discovery issues in a couple cases that I
need to discuss. The cases are Tobey and Russell Uiterback. ©
Thanks
Robert.L. Oca, Esq.
Brydon Hugo & Parker
435 Main Street, 20th Floor
San Francisco, CA 94105
T: (415) 808-0300
F: (415) 808-0333
CONFIDENTIALITY NOTICE
This electronic message transmission contains information from Brydon Hugo & Parker which may be
confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this
information is prohibited. if you have received this communication in error, please notify us. If you would
like to learn more about Brydon Hugo & Parker, please visit our website at http:/Awww.bhplaw.com.
12/1/2009Page 1 of i
Robert Oca
From: Chris Hersom [CHersom@braytonlaw.com]
Sent: Tuesday, November 24, 2009 4:34 PM.
To: Robert Oca
Subject: Re: Who is now handling Bayer CropScience?
Follow Up Flag: Follow up
Flag Status: Red
Hey Robert,
Til go ahead and get you the bk docs in the Tobey case. Ok if I email them to you by 12/4?
Chris
Chris E. Hersom
Brayton Purcell LLP
222 Rush Landing Road
PO Box 6169
Novato, CA 94948-6169
CHersom@braytoniaw.com
& Think Green! Before printing this e-mail ask the question, is it necessary?
>>> "Robert Oca" 11/16/2009 3:27 PM >>>
Chris,
Whe is now handling Bayer CropScience over there. | have discovery issues in a couple cases that!
need fo discuss. The cases are Tobey and Russell Utterback.
Thanks
Robert L. Oca, Esq.
Brydon Hugo & Parker
135 Main Street, 20th Floor
San Francisco, CA 94105
T: {415} 808-0300
F: (445) 808-0333
CONFIDENTIALITY NOTICE
This electronic message transmission contains information from Brydon Huge & Parker which may be
confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this
information is prohibited. If you have received this communication in error, please notify us. If you would
like to earn more about Brydon Hugo & Parker, please visit our website at hitp:/www-bhpiaw.com_
This email message is for the sole use of the intended recipient(s) and may contain confidential and
privileged information. If you have received this e-mail in error, any disclosure, copying, distribution, or
use of this communication is prohibited and we request that you contact us by reply email or call us at
415-898-1555, and then destroy all copies of our original message and any attachments.
12/1/2009Page 1 of 3
Robert Oca
From: Robert Oca
Sent: Tuesday, November 24, 2009 4:54 PM.
To: Chris Hersom
Ce: George Otstctt; Jeremy K. Heebner, Robert Crane; Assata Lebron
Subject: RE: Tobey / Utterback, Russell / Baker; trust claim forms.
Hi Chris,
You just can't seem to get away. If you/your office can produce the Tobey documents by Dec
4, and/or confirm that Plaintiff never made such claim forms, that would be great. However, since
the discovery deadline is coming up, I still need to appear ex parte next Tuesday for the OST to
protect my client's interest. The trial date may have been continued but not discovery. It’s the same
with Russell Utterback. However, I don't think your office should be burdened too much In producing
the claim forms for Utterback because only one trust, H.K. Porter, was identified.
T look forward to your respense(s) regarding these cases.
As for Raymend Baker, who do ! talk to about these claim forms? I sent an e-mail to Lance Stewart but
have yet to hear back form him. I've copy pasted that e-mail below.
Robert
Hopefully you weréxable to hear my voicemail. | apologize, but | was calling during a break in
deposition. My firm represents Bayer CropScience in the abave referenced matter and | am now e-
mailing to follow up on m~voicemail, and te request copies of Plaintiffs’ bankruptcy trust claim forms
identified previously in responses and supplemental responses to Bayer CropScience, Inc.'s special
interrogatories. Plaintiffs identiffed the following trusts:
1) Asbestos Claims Management Co!
. 2) Eagle-Picher Industries (1/7/99)
3) Fibreboard Corp. (4/7/99)
4) Forty Eight Insulations (6/23/00)
5) H.K. Porter (6/28/00)
8} Manville Trust (1/7/99)
7) PlanvCIGA (11/30/05)
8) Unarco (4/7/99)
9) Celotex (1/14/99)
We already have copies for the Manville trust claim and what
the Asbestos Ciaims Management Corp (ACMC} which |’ve attacited for your reference. Uniess
the remaining trust claim files, including those for ACMC and Plant, too large for efficient e-mail
upload and download, the easiest way for Plaintiff to provide copies would be sending copies on CD-rom
{s). However, if for any reason, Plaintiffs insist on defendant traveling to équnsel's office in Novato to
review the documents first, | would insist that copies to be made that sarne day.
m to be Incomplete forms re Plant and
Please let us know by Monday, November 23, 2008, if Plaintifis can provide copi
electronically or
if defendant needs to come to your offices.
Thank you and | look forward to your prompt response,
Robert”
12/1/2009Page 2 of 3
From: Effat Hussain [mailto:EHussain@braytoniaw.com]
Sent: Wednesday, November 25, 2009 3:13 PM
To: Robert Oca
Subject: Re: Charles Tobey SFSC 274226 - bankruptcy trust claim forms
Can I get these to you by the first week of December. Its going to take me a little bit of time to get these
processed and then they will be available to you. Thanks,
Effat
By Think Green! Before printing this e-mail ask the question, is it necessary?
>>> "Robert Oca" 11/19/2009 1:53 PM >>>
Ms. Hussain,
Hopefully you were able to hear my voicemail. | apologize, but I was calling during a break in deposition. My
firm represents Bayer CropScience in the above referenced matter and | am now e-mailing to follow up on my
voicemail, and to request copies of Plaintiff's trust claim forms identified previously in response te Bayer
CropScience, Inc.'s special interrogatories, sets | and Il. Plaintiff identified the following trusts:
1} The Flintkote Company (2/6/08
2) HK. Porter (10/3/07)
3} Pope & Talbot, Inc. (4/3/08)
4) WLR. Grace & Co. (1/9/08)
8) Harbison-Walker Refractories Company, and
6} Haliburton Energy Services, Inc.
Unless the files are toc large for efficient upload and download, the easiest way for Plaintiff to
provide copies would be by e-mail. Of course, sending copies on CD-rom(s) would also be acceptable.
However, if for any reason, Plaintiff insists on defendant traveling to counsel's office in Novato to review ihe
documents first, | would insist that copies to be made that same day.
Please let us know by Monday, November 23, 2009, if Plaintiff can provide copies electronically or if defendant
needs fo come to your offices.
Thank you and | look forward to your prompt response,
Robert
Robert L. Oca, Esq.
Brydon Hugo & Parker
7135 Main Street, 20th Floor
San Francisco, CA 94105
T- (415) 808-0300
F: (445} 808-0333
CONFIDENTIALITY NOTICE
This electronic message transmission contains information from Brydon Hugo & Parker which may be
confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not the
intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is
prohibited. If you have received this communication in error, please notify us. If you would like to learn more
about Brydon Hugo & Parker, please visit our website at http://Awww.bhplaw.com.
12/1/2009Page 1 of 2
Robert Oca
From: Effat Hussain [EHussain@braytoniaw.com]
Sent: Wednesday, November 25, 2009 4:43 PM
To: Robert Oca
Subject: RE: Charles Tobey SFSC 274226 - bankruptcy trust claim forms
Follow Up Flag: Follow up
Flag Status: Red
Let me see if I have these on hand. I didn’t realize discovery was almost closed in the case!
A Think Green! Before printing this e-mail ask the question, is if necessary?
>>> "Robert Oca" 11/25/2009 3:26 PM >>>
Do what you can, but with the close of discovery coming, I need to protect my client's interest.
Therefore, as I said in my follow up letter of November 23, 2009, unless our office receive copies by
Monday afternoon, I still intend to appear ex parte on Tue, Dec 1, 2009 in Dept 610 at 11:30 a.m. for
an OST to file and hear Bayer's motion to compel production.
Robert
Robert L. Oca, Esq.
Brydon Hugo & Parker
135 Main Street, 20th Floor
San Francisco, CA 94105
T: (415) 808-0300
F: (418) 808-0333
CONFIDENTIALITY NOTICE
This electronic message transmission contains information from Brydon Hugo & Parker which may be
confidential or protected by the attorney-client privilege and/or the work product doctrine. if you are not
the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this
information is prohibited. If you have received this communication in error, please notify us. if you would
like to learn more about Brydon Hugo & Parker, please visit our website at htip:/Avww.bhplaw.com.
From: Effat Hussain [mailto:EHussain@braytonlaw.com]
Sent: Wednesday, November 25, 2009 3:13 PM
To: Robert Oca
Subject: Re: Charles Tobey SFSC 274226 - bankruptcy trust claim forms
Can I get these to you by the first week of December, Its going to take me a little bit of time te get
these processed and then they will be available to you. Thanks,
Effat
Ay Think Green! Before printing this e-mail ask the question, is it necessary?
12/1/2009EXHIBIT BBRYDON HuGO & PARKER. : #135 Main Street, 20 Floor
ATToRHEYS AT baw San Francisco, CA 94105
. T 415.808.0300
F 415.808.0333
yanw.bhplaw.com
Robert Oca ‘ . Our Fila No,
roca@bhplaw.com . 74101-0265
November 23, 2009
Via ULS. Mail & Facsimile: (215) 489-7426
Effat Hussain, Esq.
BRAYTON PURCELL LLP
229 Rush Landing Road
PO BOX 6169
Novato, CA 94948-6169
Re: ‘Charles Tobey 0. Asbestos Defendants .
’ » San Prancisco County Superior Court Case No. 274226 .
Our Client: Bayer CropScience, Inc., successor to Amcehem Producis, Inc.
Dear Counsel:
. This letter is to follow up my e-mail of November 19, 2009 requesting Plaintiff
CHARLES TOBEY (’Mr. Tobey” or “Plaintiff’) to produce copies of the bankruptcy
trust claim forms identified in Plaintiff's responses to special interrogatories :
ropounded by Defendant BAYER CROPS! ICE, INC., successor to AMCHE)
PRODUCTS, INC, (“Bayer” or “Defendant”). Enclosed for your reference is a copy of
my e-mail dated Novenriber 20, 2009. .
In response to Special Interrogatory Nos. 12-16, Set I, as well as to Special
Interrogatory Nos. 35-37, Set Tl, Plaintiff identified claim forms submitted to the
following trusts: So, .
3 The Flintkote Company (2/6/08)
2) HK. Porter (10/3/07)
3) Pope & Talbot, Inc. (4/3/08)
4) W.R. Grace & Co. (1/9/08)
5) Harbison: Walker Refractories Company, and
6) Halliburton Energy Services, Inc.
Defendant specifically requested Plaintiff to produce these documents in Bayer’s
Request for Production No, 3. As neither of these highly relevant documents are
privileged, or equally or more available to Defendant, (Code Civ. Proc., § 2017.010;
‘olkswagen of America v, Superior Court (2006) 43 Cal.-R tr.3d 723), and because electronic
copies of these documents are maintained by Plaintiffs’ counsel, Code Civ, Proc, §
2031.030(a)(2)), please produce copies of these documents, sans 0) jections, te our office.
For your convenience, we will accept e-mail attachments or copies on compact discs in
lieu of hard copies. :
San Francisco Mili Valley «Los AngelesBRYDON HUGO & PARKER
ATTORNEYS AT LA Me
Brayton Purcell LLP ~ Charles Tobey SFSC 274226
November 23, 2009
Page 2
_ Unless we receive copies of the trust claim forms no later than 4:00 p.m, on
Monday, November 30, 2009, we will seek appear ex parte in Department 610 of the
above named court at 11:30 a.m., on Tuesday, December 1, 2009 to seek an order
shortening time to file and present Bayer’s motiorrto compel production of said
. bankruptcy trust claim forms.
Vat truly yours,
B HUGO & PARKER
Ropert L, Oca
Enclosure
RLO/FRANSHITTED/STORED NOY. 23.2009 4:45°M
OPTIGN
% * x COMMUNICATION RESULT REPORT ( NOV. 23,2009 4:45PM} x x x
3404 MEMORY Tx BRAYTON#PURCELL
TTL (4152480362
RESULT
OK
: t KER 185 Moin Street, 20" Ftaor
BRYDON FuGo & PAR Sen Francisco, GA 94105
7 415.008.0300,
F 415.808.0333
weew.bhplew.cet
Our File No
VieL-o26s
To: Estas Hussam
Or: BRAYTON PURCELL LLP
FACSIMILE: (445) 898-1247
‘Brom: Rossa L.Oca
DATE: NOVEMBER 23, 2009
Re: FoReY, CHARLES (BAYER CROFSCHENCH) (BRAYTON 519) Vs. AlsnesTos
DEFENDANTS (B*P), ET AL,
DOCUMENTS PAGES (NOT INCLUDING COVER):
Liz re Trust Claim Forms 7 z :
. ———
‘Oviginal will follow follow by U.S. Musil.
COMMENTS:
FIs TRANSMITTAL IS PRIVILEGED. CAL. Evi. Cov §952, Lk OU ARE NOY THE INTENDED
RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION OR COPYING
TRANSMITTAL 1S PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN
TELEPHONE US IMMEDIATELY AND REYURN ‘TO US WY MAIL THE ORIGINAL AT
oF THIS
HOR, PLEASE
ADDRESS ABOVE,
RETURN CONFIRMATION TO: MARGARITAEXHIBIT CPage 1 of 3
They
Robert Oca
From: Robert Oca
Sent: Monday, November 30, 2009 4:18 PM
To: Effat Hussain
Ce: George Otstott; Jeremy K. Heebner, Assata Lebron
Subject: RE: Charies Tobey SFSC 274226 - bankruptcy trust claim forms
Effat,
Thanks for responding. We appreciate the offer and look forward to receiving the copies by
Friday. Yes, in the past you and your office have produced such documents for other cases and we
believe that you do intend to produce the same for Tobey. However, at this point in time - and I hope
you and your collegues will not take offense - whether or not we can stipulate to extending the
discovery cut-off without a notice motion (on shortened time} is beyond Plaintiffs’ and Defendant's
control, You can agree to exttend the time for Bayer to file the motion, but we still need the court's
approval to have it heard within the discovery cut-off date which is well within 16 court days.
Assuming the court grants our ex parte application tomorrow, even on shortened notice, there will be
some time until Plaintiffs must file an opposition and there will be some time until the motion can
actually be heard. Therefore, as long as we get Plaintiff's responses/copies of trust daim forms by
Friday, we will absolutely puil the motion.
Robert,
Robert L. Oca, Esq.
Brydon Hugo & Parker
435 Main Street, 20th Floor
San Francisco, CA 94105
T: (418) 808-0300
F: (415) 808-0333
CONFIDENTIALITY NOTICE
This electrenic message transmission contains information from Brydon Hugo & Parker which may be
confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this
information is prohibited. If you have received this communication in error, please notify us. If you would
like to learn more about Brydon Hugo & Parker, please visit our website at http:/Awww.bhplaw.com.
From: Effat Hussain [mailto:EHussain@braytoniaw.com]
Sent: Monday, November 30, 2009 2:35 PM
To: Robert Oca
Subject: RE: Charles Tobey SFSC 274226 - bankruptcy trust claim forms
Hi Robert - I am following up on the production of BK trust claim forms in the Charles Tobey Matter. 1
would like to reach an agreement relating to the production of these claim forms - because of the
holidays we've been short staffed and it has made it difficult for us to gather the documents for
production. I am willing to produce these documents electronically, if you're able to wait until this Friday
for the documents. I arn amenable to agreeing to an extension in your motion to compel deadline, in
exchange for the production of dacuments by Friday.
12/1/2009Page 1 of 3
Robert Oca
From: Effat Hussain [EHussain@braytoniaw.corn]
Sent: Monday, November 30, 2009 2:35 PM
To: Robert Oca
Subject: RE: Charles Tobey SFSC 274226 - bankruptcy trust claim forms
Follow Up Flag: Follow up
Flag Status: Red
Hi Robert - I am following up on the production of BK trust claim forms in the Charles Tobey Matter. 1
would like to reach an agreement relating to the production of these claim forms - because of the
holidays we've been short staffed and it has made it difficult for us to gather the documents for
production. I am willing to produce these documents electronically, if you're able to wait until this Friday
for the documents. I am amenable to agreeing to an extension In your motion to compel deadline, in
exchange for the production of documents by Friday.
IT don't want to waste your cient's time in bringing an ex parte motion to compel because I believe we
can resolve this matter without the intervention of the courts. I have produced BK documents in
numerous cases for clients represented by your firma and I intend to produce BK documents in this case
as well.
I look forward to your response to this email - please call me at 415.898.1555 ext. 357 if you'd like to
discuss this matter further. I am also available by cell at (301)943-1001.
Thanks,
Effat
x Think Green! Before printing this e-mail ask the question, is it necessary?
>>> "Robert Oca" 11/25/2009 3:26 PM >>>
Do what you can, but with the close of discovery coming, I need to protect my client's interest.
Therefore, as I said in my follow up letter of November 23, 2009, unless our office receive copies by
Monday afternoon, I still Intend to appear ex parte on Tue, Dec 1, 2009 in Dept 610 at 11:30 a.m. for
an OST to file and hear Bayer's mation to compel production.
Robert
Robert L. Oca, Esq.
Brydon Hugo & Parker
135 Main Street, 20th Floor
San Francisco, CA 94105
T: (415) 808-0300
F: (416) 868-0333
CONFIDENTIALITY NOTICE
This electronic message transmission contains information from Brydon Hugo & Parker which may be
confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not
the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this
information ts prohibited. If you have received this communication in error, please notify us. If you would
like to learn more about Brydon Hugo & Parker, please visit our website at http:/Awww.bhplaw.com.
12/1/2009
Preview
wo oe YN DH HW BF BW YD oN Rett 28 BRYDON Huco & PARKER 135 MAIN STREET 20" FLOOR Son Francisca, CA 9105 John R, Brydon [Bar No, 083365] George A. Otstott [Bar No. 184671] Robert L. Oca [Bar No. 216739] BRYDON HUGO é& PARKER ELECTRONICALLY 135 Main Street, 20th Eloor FILED San Francisco, CA 94105 Superior Court of California, Telephone: (415) 808-0300 County of San Francisco Facsimile: (415) 808-0333 DEC 01 2009 GORDON PARK-LI, Clerk Attorneys for Defendant BY: VANESSA WU BAYER CROPSCIENCE, INC, successor to Deputy Clerk AMCHEM PRODUCTS, INC. SUPERIOR COURT ~ STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION CHARLES TOBEY, (ASBESTOS) : : Case No: 274226 Plaintiff, EX PARTE APPLICATION FOR ORDER v. SHORTENING TIME TO FILE AND HEAR MOTION OF DEFENDANT BAYER ASBESTOS DEFENDANTS (BP), et al., CROPSCIENCE, INC., SUCCESSOR TO AMCHEM PRODUCTS, INC,, TO Defendants. COMPEL PRODUCTION OF BANKRUPTCY TRUST CLAIM FORMS [Filed concurrently with Memorandum of Points & Authorities and Proposed Order] Date: ‘December 1, 2009 Time: 11:30 a.m. Dept: 610 Action Filed: June 6, 2007 Trial Date: May 10, 2010 Defendant BAYER CROPSCIENCE, INC., successor to AMCHEM PRODUCTS, INC,, (“Amchem’” for ease of reference) through its counsel hereby applies ex parte for an order shortening time to file and hear its motion to compel the production of claim forms submitted by Plaintiff CHARLES TOBEY (“Plaintiff”) to various asbestos bankruptcy trusts. Amchem intends to file and serve its motion to compel, electronically, no later than 4:00 p.m, today, 1 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE AND HEAR MOTION OF BAYER CROPSCIENCE, INC. SUCCESSOR TO AMCHEM PRODUCTS, INC., TO COMPEL PRODUCTION OF BANKRUPTCY TRUST CLAIM FORMSOC 6 ND WH BR BW Nm Nee SRR ERB EB BS FER FBAE GBS BS 28 BRYDON Huco & PARKER 138 Main SRST 20" FLOOR ‘San Francises, CA 94105 On September 17, 2009, the court continued the trial date of Brayton Group 513 to May 10, 2010 but did not continue the discovery cut-off date of December 18, 2009 for the above referenced matter. This application is made on the grounds that Plaintiff failed to product copies of said claim forms despite the fact that Plaintiff identified them in responses to special interrogatories and requests for production propounded by Amchem, and despite informal requests to resolve the issue. Amchem always seeks the production of trust claim forms as they may provide further information regarding causation and alternative exposures/Proposition 51, e.g., products and products identification, times, places, location, and names of potential witnesses. The parties have met and conferred and Plaintiff has offered to produce the documents by the end of this week. However, based on the current discovery cut-off date, the hearing date of any noticed motion to compel production would be after the close of discovery and the parties cannot stipulate to extending the cut-off without a separate noticed motion. Accordingly, in order to protect its interest, Amchem brings this ex parte application. This application is based on all pleadings, papers, and records in this action and the memorandum of points and authorities submitted with the application. Also in support of this application, counsel for Amchem can state the following based upon personal knowledge: 1. Attached hereto as Exhibit A is a true and correct copy of various e-mail exchanges with Plaintiff's counsel re production of the trust claim forms. 2 Attached hereto as Exhibit B is a true and correct copy of my November 23, 2009 letter to Plaintiff's counsel and notice of ex parte appearance for December 1, 2009. 3. Attached hereto as Exhibit C is a true and correct copy Plaintiff's counsel’s most recent offer to produce the trust claim forms and my response. 4, The delay in hearing this matter after the normal time for service of the above-described papers would cause a substantial hardship to Amchem because discovery 2 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE AND HEAR MOTION OF BAYER CROPSCIENCE, INC. SUCCESSOR TO AMCHEM PRODUCTS, INC., TO COMPEL PRODUCTION OF BANKRUPTCY TRUST CLAIM FORMSDp we YN DA UH BF YW NH pet etett BRB Se AA aAE SH SS 28 BRYDON Huo & PARKER 135 MalN STREET 20" FLOOR ‘San Francisco, CA 94105 closes on December 18, 2009. Amchem would not be able to prepare adequately for trial without the production of the trust claim forms. 5. Amchem will suffer irreparable harm should they not be allowed to hear its motion as Plaintiff's refusal to comply with Defendants’ discovery requests limits Amchem’s right to discovery and its efforts to adequately prepare for trial. 6. Plaintiff's counsel of record is Brayton Purcell LLP, 222 Rush Lancing Road, Novato, California. 7. In his initial response to special interrogatories, Plaintiff identified four claims to trusts. On October 26, 2009, Plaintiffs served their responses to Amchem’s set II special interrogatories identifying two additional two trust claims. On November 16, 2009, I e- mailed Plaintiff's counsel looking seeking the name of the attorney handling the matter. On November 19, 2009, I telephoned and e-mailed Plaintiffs counsel Effat Hussain requesting production of the documents. On November 23, 2009, I sent a letter to Plaintiff's counsel requesting copies of the documents and stating that if our office did not receive copies of the documents by no later than Monday, November 30, 2009, on behalf of Amchem, I would appear ex parte on December 1, 2009 seeking an order shortening time to file a motion te compel production. 8. On November 30, 2009, Plaintiff's counsel offered to produce the documents by December 4, 2009 in exchange for a stipulation to extend the time to file Amchem’s motion. In response, I explained to counsel that based on the discovery cut-off date, any stipulation would be meaningless without a court order. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. DATED: December 1, 2009 BR GO & PARKER By: Robert ca Attorney for Defendant BAYER @ROPSCIENCE, INC., successor to AMCHEM PRODUCTS, INC. 3 EX PARTE APPLICATION FOR ORDER SHORTENING TIME TO FILE AND HEAR MOTION OF BAYER CROPSCIENCE, INC. SUCCESSOR TO AMCHEM PRODUCTS, INC., TO COMPEL PRODUCTION OF BANKRUPTCY TRUST CLAIM FORMSEXHIBIT APage 1 of 1 “Vobey Robert Oca From: Robert Oca Sent: Monday, November 16, 2009 3:27 PM To: Chris Hersom Ce: Jeremy K. Heebner Subject: Who is now handling Bayer CropScience? Chris, Who is now handling Bayer CropScience over there. | have discovery issues in a couple cases that I need to discuss. The cases are Tobey and Russell Uiterback. © Thanks Robert.L. Oca, Esq. Brydon Hugo & Parker 435 Main Street, 20th Floor San Francisco, CA 94105 T: (415) 808-0300 F: (415) 808-0333 CONFIDENTIALITY NOTICE This electronic message transmission contains information from Brydon Hugo & Parker which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. if you have received this communication in error, please notify us. If you would like to learn more about Brydon Hugo & Parker, please visit our website at http:/Awww.bhplaw.com. 12/1/2009Page 1 of i Robert Oca From: Chris Hersom [CHersom@braytonlaw.com] Sent: Tuesday, November 24, 2009 4:34 PM. To: Robert Oca Subject: Re: Who is now handling Bayer CropScience? Follow Up Flag: Follow up Flag Status: Red Hey Robert, Til go ahead and get you the bk docs in the Tobey case. Ok if I email them to you by 12/4? Chris Chris E. Hersom Brayton Purcell LLP 222 Rush Landing Road PO Box 6169 Novato, CA 94948-6169 CHersom@braytoniaw.com & Think Green! Before printing this e-mail ask the question, is it necessary? >>> "Robert Oca" 11/16/2009 3:27 PM >>> Chris, Whe is now handling Bayer CropScience over there. | have discovery issues in a couple cases that! need fo discuss. The cases are Tobey and Russell Utterback. Thanks Robert L. Oca, Esq. Brydon Hugo & Parker 135 Main Street, 20th Floor San Francisco, CA 94105 T: {415} 808-0300 F: (445) 808-0333 CONFIDENTIALITY NOTICE This electronic message transmission contains information from Brydon Huge & Parker which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. If you have received this communication in error, please notify us. If you would like to earn more about Brydon Hugo & Parker, please visit our website at hitp:/www-bhpiaw.com_ This email message is for the sole use of the intended recipient(s) and may contain confidential and privileged information. If you have received this e-mail in error, any disclosure, copying, distribution, or use of this communication is prohibited and we request that you contact us by reply email or call us at 415-898-1555, and then destroy all copies of our original message and any attachments. 12/1/2009Page 1 of 3 Robert Oca From: Robert Oca Sent: Tuesday, November 24, 2009 4:54 PM. To: Chris Hersom Ce: George Otstctt; Jeremy K. Heebner, Robert Crane; Assata Lebron Subject: RE: Tobey / Utterback, Russell / Baker; trust claim forms. Hi Chris, You just can't seem to get away. If you/your office can produce the Tobey documents by Dec 4, and/or confirm that Plaintiff never made such claim forms, that would be great. However, since the discovery deadline is coming up, I still need to appear ex parte next Tuesday for the OST to protect my client's interest. The trial date may have been continued but not discovery. It’s the same with Russell Utterback. However, I don't think your office should be burdened too much In producing the claim forms for Utterback because only one trust, H.K. Porter, was identified. T look forward to your respense(s) regarding these cases. As for Raymend Baker, who do ! talk to about these claim forms? I sent an e-mail to Lance Stewart but have yet to hear back form him. I've copy pasted that e-mail below. Robert Hopefully you weréxable to hear my voicemail. | apologize, but | was calling during a break in deposition. My firm represents Bayer CropScience in the abave referenced matter and | am now e- mailing to follow up on m~voicemail, and te request copies of Plaintiffs’ bankruptcy trust claim forms identified previously in responses and supplemental responses to Bayer CropScience, Inc.'s special interrogatories. Plaintiffs identiffed the following trusts: 1) Asbestos Claims Management Co! . 2) Eagle-Picher Industries (1/7/99) 3) Fibreboard Corp. (4/7/99) 4) Forty Eight Insulations (6/23/00) 5) H.K. Porter (6/28/00) 8} Manville Trust (1/7/99) 7) PlanvCIGA (11/30/05) 8) Unarco (4/7/99) 9) Celotex (1/14/99) We already have copies for the Manville trust claim and what the Asbestos Ciaims Management Corp (ACMC} which |’ve attacited for your reference. Uniess the remaining trust claim files, including those for ACMC and Plant, too large for efficient e-mail upload and download, the easiest way for Plaintiff to provide copies would be sending copies on CD-rom {s). However, if for any reason, Plaintiffs insist on defendant traveling to équnsel's office in Novato to review the documents first, | would insist that copies to be made that sarne day. m to be Incomplete forms re Plant and Please let us know by Monday, November 23, 2008, if Plaintifis can provide copi electronically or if defendant needs to come to your offices. Thank you and | look forward to your prompt response, Robert” 12/1/2009Page 2 of 3 From: Effat Hussain [mailto:EHussain@braytoniaw.com] Sent: Wednesday, November 25, 2009 3:13 PM To: Robert Oca Subject: Re: Charles Tobey SFSC 274226 - bankruptcy trust claim forms Can I get these to you by the first week of December. Its going to take me a little bit of time to get these processed and then they will be available to you. Thanks, Effat By Think Green! Before printing this e-mail ask the question, is it necessary? >>> "Robert Oca" 11/19/2009 1:53 PM >>> Ms. Hussain, Hopefully you were able to hear my voicemail. | apologize, but I was calling during a break in deposition. My firm represents Bayer CropScience in the above referenced matter and | am now e-mailing to follow up on my voicemail, and to request copies of Plaintiff's trust claim forms identified previously in response te Bayer CropScience, Inc.'s special interrogatories, sets | and Il. Plaintiff identified the following trusts: 1} The Flintkote Company (2/6/08 2) HK. Porter (10/3/07) 3} Pope & Talbot, Inc. (4/3/08) 4) WLR. Grace & Co. (1/9/08) 8) Harbison-Walker Refractories Company, and 6} Haliburton Energy Services, Inc. Unless the files are toc large for efficient upload and download, the easiest way for Plaintiff to provide copies would be by e-mail. Of course, sending copies on CD-rom(s) would also be acceptable. However, if for any reason, Plaintiff insists on defendant traveling to counsel's office in Novato to review ihe documents first, | would insist that copies to be made that same day. Please let us know by Monday, November 23, 2009, if Plaintiff can provide copies electronically or if defendant needs fo come to your offices. Thank you and | look forward to your prompt response, Robert Robert L. Oca, Esq. Brydon Hugo & Parker 7135 Main Street, 20th Floor San Francisco, CA 94105 T- (415) 808-0300 F: (445} 808-0333 CONFIDENTIALITY NOTICE This electronic message transmission contains information from Brydon Hugo & Parker which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. If you have received this communication in error, please notify us. If you would like to learn more about Brydon Hugo & Parker, please visit our website at http://Awww.bhplaw.com. 12/1/2009Page 1 of 2 Robert Oca From: Effat Hussain [EHussain@braytoniaw.com] Sent: Wednesday, November 25, 2009 4:43 PM To: Robert Oca Subject: RE: Charles Tobey SFSC 274226 - bankruptcy trust claim forms Follow Up Flag: Follow up Flag Status: Red Let me see if I have these on hand. I didn’t realize discovery was almost closed in the case! A Think Green! Before printing this e-mail ask the question, is if necessary? >>> "Robert Oca" 11/25/2009 3:26 PM >>> Do what you can, but with the close of discovery coming, I need to protect my client's interest. Therefore, as I said in my follow up letter of November 23, 2009, unless our office receive copies by Monday afternoon, I still intend to appear ex parte on Tue, Dec 1, 2009 in Dept 610 at 11:30 a.m. for an OST to file and hear Bayer's motion to compel production. Robert Robert L. Oca, Esq. Brydon Hugo & Parker 135 Main Street, 20th Floor San Francisco, CA 94105 T: (415) 808-0300 F: (418) 808-0333 CONFIDENTIALITY NOTICE This electronic message transmission contains information from Brydon Hugo & Parker which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. if you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. If you have received this communication in error, please notify us. if you would like to learn more about Brydon Hugo & Parker, please visit our website at htip:/Avww.bhplaw.com. From: Effat Hussain [mailto:EHussain@braytonlaw.com] Sent: Wednesday, November 25, 2009 3:13 PM To: Robert Oca Subject: Re: Charles Tobey SFSC 274226 - bankruptcy trust claim forms Can I get these to you by the first week of December, Its going to take me a little bit of time te get these processed and then they will be available to you. Thanks, Effat Ay Think Green! Before printing this e-mail ask the question, is it necessary? 12/1/2009EXHIBIT BBRYDON HuGO & PARKER. : #135 Main Street, 20 Floor ATToRHEYS AT baw San Francisco, CA 94105 . T 415.808.0300 F 415.808.0333 yanw.bhplaw.com Robert Oca ‘ . Our Fila No, roca@bhplaw.com . 74101-0265 November 23, 2009 Via ULS. Mail & Facsimile: (215) 489-7426 Effat Hussain, Esq. BRAYTON PURCELL LLP 229 Rush Landing Road PO BOX 6169 Novato, CA 94948-6169 Re: ‘Charles Tobey 0. Asbestos Defendants . ’ » San Prancisco County Superior Court Case No. 274226 . Our Client: Bayer CropScience, Inc., successor to Amcehem Producis, Inc. Dear Counsel: . This letter is to follow up my e-mail of November 19, 2009 requesting Plaintiff CHARLES TOBEY (’Mr. Tobey” or “Plaintiff’) to produce copies of the bankruptcy trust claim forms identified in Plaintiff's responses to special interrogatories : ropounded by Defendant BAYER CROPS! ICE, INC., successor to AMCHE) PRODUCTS, INC, (“Bayer” or “Defendant”). Enclosed for your reference is a copy of my e-mail dated Novenriber 20, 2009. . In response to Special Interrogatory Nos. 12-16, Set I, as well as to Special Interrogatory Nos. 35-37, Set Tl, Plaintiff identified claim forms submitted to the following trusts: So, . 3 The Flintkote Company (2/6/08) 2) HK. Porter (10/3/07) 3) Pope & Talbot, Inc. (4/3/08) 4) W.R. Grace & Co. (1/9/08) 5) Harbison: Walker Refractories Company, and 6) Halliburton Energy Services, Inc. Defendant specifically requested Plaintiff to produce these documents in Bayer’s Request for Production No, 3. As neither of these highly relevant documents are privileged, or equally or more available to Defendant, (Code Civ. Proc., § 2017.010; ‘olkswagen of America v, Superior Court (2006) 43 Cal.-R tr.3d 723), and because electronic copies of these documents are maintained by Plaintiffs’ counsel, Code Civ, Proc, § 2031.030(a)(2)), please produce copies of these documents, sans 0) jections, te our office. For your convenience, we will accept e-mail attachments or copies on compact discs in lieu of hard copies. : San Francisco Mili Valley «Los AngelesBRYDON HUGO & PARKER ATTORNEYS AT LA Me Brayton Purcell LLP ~ Charles Tobey SFSC 274226 November 23, 2009 Page 2 _ Unless we receive copies of the trust claim forms no later than 4:00 p.m, on Monday, November 30, 2009, we will seek appear ex parte in Department 610 of the above named court at 11:30 a.m., on Tuesday, December 1, 2009 to seek an order shortening time to file and present Bayer’s motiorrto compel production of said . bankruptcy trust claim forms. Vat truly yours, B HUGO & PARKER Ropert L, Oca Enclosure RLO/FRANSHITTED/STORED NOY. 23.2009 4:45°M OPTIGN % * x COMMUNICATION RESULT REPORT ( NOV. 23,2009 4:45PM} x x x 3404 MEMORY Tx BRAYTON#PURCELL TTL (4152480362 RESULT OK : t KER 185 Moin Street, 20" Ftaor BRYDON FuGo & PAR Sen Francisco, GA 94105 7 415.008.0300, F 415.808.0333 weew.bhplew.cet Our File No VieL-o26s To: Estas Hussam Or: BRAYTON PURCELL LLP FACSIMILE: (445) 898-1247 ‘Brom: Rossa L.Oca DATE: NOVEMBER 23, 2009 Re: FoReY, CHARLES (BAYER CROFSCHENCH) (BRAYTON 519) Vs. AlsnesTos DEFENDANTS (B*P), ET AL, DOCUMENTS PAGES (NOT INCLUDING COVER): Liz re Trust Claim Forms 7 z : . ——— ‘Oviginal will follow follow by U.S. Musil. COMMENTS: FIs TRANSMITTAL IS PRIVILEGED. CAL. Evi. Cov §952, Lk OU ARE NOY THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY DISTRIBUTION OR COPYING TRANSMITTAL 1S PROHIBITED. IF YOU HAVE RECEIVED THIS TRANSMITTAL IN TELEPHONE US IMMEDIATELY AND REYURN ‘TO US WY MAIL THE ORIGINAL AT oF THIS HOR, PLEASE ADDRESS ABOVE, RETURN CONFIRMATION TO: MARGARITAEXHIBIT CPage 1 of 3 They Robert Oca From: Robert Oca Sent: Monday, November 30, 2009 4:18 PM To: Effat Hussain Ce: George Otstott; Jeremy K. Heebner, Assata Lebron Subject: RE: Charies Tobey SFSC 274226 - bankruptcy trust claim forms Effat, Thanks for responding. We appreciate the offer and look forward to receiving the copies by Friday. Yes, in the past you and your office have produced such documents for other cases and we believe that you do intend to produce the same for Tobey. However, at this point in time - and I hope you and your collegues will not take offense - whether or not we can stipulate to extending the discovery cut-off without a notice motion (on shortened time} is beyond Plaintiffs’ and Defendant's control, You can agree to exttend the time for Bayer to file the motion, but we still need the court's approval to have it heard within the discovery cut-off date which is well within 16 court days. Assuming the court grants our ex parte application tomorrow, even on shortened notice, there will be some time until Plaintiffs must file an opposition and there will be some time until the motion can actually be heard. Therefore, as long as we get Plaintiff's responses/copies of trust daim forms by Friday, we will absolutely puil the motion. Robert, Robert L. Oca, Esq. Brydon Hugo & Parker 435 Main Street, 20th Floor San Francisco, CA 94105 T: (418) 808-0300 F: (415) 808-0333 CONFIDENTIALITY NOTICE This electrenic message transmission contains information from Brydon Hugo & Parker which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information is prohibited. If you have received this communication in error, please notify us. If you would like to learn more about Brydon Hugo & Parker, please visit our website at http:/Awww.bhplaw.com. From: Effat Hussain [mailto:EHussain@braytoniaw.com] Sent: Monday, November 30, 2009 2:35 PM To: Robert Oca Subject: RE: Charles Tobey SFSC 274226 - bankruptcy trust claim forms Hi Robert - I am following up on the production of BK trust claim forms in the Charles Tobey Matter. 1 would like to reach an agreement relating to the production of these claim forms - because of the holidays we've been short staffed and it has made it difficult for us to gather the documents for production. I am willing to produce these documents electronically, if you're able to wait until this Friday for the documents. I arn amenable to agreeing to an extension in your motion to compel deadline, in exchange for the production of dacuments by Friday. 12/1/2009Page 1 of 3 Robert Oca From: Effat Hussain [EHussain@braytoniaw.corn] Sent: Monday, November 30, 2009 2:35 PM To: Robert Oca Subject: RE: Charles Tobey SFSC 274226 - bankruptcy trust claim forms Follow Up Flag: Follow up Flag Status: Red Hi Robert - I am following up on the production of BK trust claim forms in the Charles Tobey Matter. 1 would like to reach an agreement relating to the production of these claim forms - because of the holidays we've been short staffed and it has made it difficult for us to gather the documents for production. I am willing to produce these documents electronically, if you're able to wait until this Friday for the documents. I am amenable to agreeing to an extension In your motion to compel deadline, in exchange for the production of documents by Friday. IT don't want to waste your cient's time in bringing an ex parte motion to compel because I believe we can resolve this matter without the intervention of the courts. I have produced BK documents in numerous cases for clients represented by your firma and I intend to produce BK documents in this case as well. I look forward to your response to this email - please call me at 415.898.1555 ext. 357 if you'd like to discuss this matter further. I am also available by cell at (301)943-1001. Thanks, Effat x Think Green! Before printing this e-mail ask the question, is it necessary? >>> "Robert Oca" 11/25/2009 3:26 PM >>> Do what you can, but with the close of discovery coming, I need to protect my client's interest. Therefore, as I said in my follow up letter of November 23, 2009, unless our office receive copies by Monday afternoon, I still Intend to appear ex parte on Tue, Dec 1, 2009 in Dept 610 at 11:30 a.m. for an OST to file and hear Bayer's mation to compel production. Robert Robert L. Oca, Esq. Brydon Hugo & Parker 135 Main Street, 20th Floor San Francisco, CA 94105 T: (415) 808-0300 F: (416) 868-0333 CONFIDENTIALITY NOTICE This electronic message transmission contains information from Brydon Hugo & Parker which may be confidential or protected by the attorney-client privilege and/or the work product doctrine. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the content of this information ts prohibited. If you have received this communication in error, please notify us. If you would like to learn more about Brydon Hugo & Parker, please visit our website at http:/Awww.bhplaw.com. 12/1/2009