On May 08, 2008 a Motion,Ex Parte was filed involving a dispute between Pique, Frederick, Pique, Godofredo, Pique, Gregory, Pique, Rosita, Sanchez, Marlene, and All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Asbestos Defendants, Borg-Warner Corporation By Its Successor In, Carlisle Corporation, Caterpillar, Inc., Cbs Corporation, A Delaware Corporation, F K A, Cbs Corporation (Fka Viacom Inc., Fka, Coltec Industries, Inc., Crane Co., Csk Auto, Inc., Cummins Inc., Daimler Trucks North America Llc, Dana Companies, Llc, Deere & Company, Designated Defense Counsel, Does 1-8500, Douglass Insulation Company, Inc., Federal-Mogul Asbestos Personal Injury, Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, General Motors Corporation, Heil Co., Honeywell International, Inc., Honeywell International Inc., F K A Alliedsignal,, Hopeman Brothers, Inc., Imo Industries Inc., J.T. Thorpe & Son, Inc., Leslie Controls, Inc., Macarthur Company, Metropolitan Life Insurance Company, Navistar, Inc., Navistar, Inc.,, Paccar Inc., Parker Hannifin Corporation, Plant Insulation Company, Pneumo Abex Llc, Pneumo Abex Llc, Successor-In-Interest, Quintec Industries, Inc., Rapid-American Corporation, Scandura, Inc., The Goodyear Tire & Rubber Company, The Heil Co.,, Thomas Dee Engineering Co., Inc., Thomas Dee Engineering Company, Tube City Ims Corporation, Utility Trailer Manufacturing, Utility Trailer Manufacturing Company, Western Asbestos Company, Western Macarthur Company, for civil in the District Court of San Francisco County.
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JEREMY D. HUIE, ESQ. (SBN 191145) BASSI, EDLIN, HUIE & BLUM LLP 351 California Street, Suite 200 San Francisco, CA 94104 Telephone: (415) 397-9006 Facsimile: (415) 397-1339 Attorneys for Defendant CARLISLE CORPORATION ELECTRONICALLY FILED Superior Court of Calif wnia, County of San Francisco 2009 AUG 31 GORDON PARK-LI BY: CHRISTLE ARRI Deput) SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO CIVIL UNLIMITED JURISDICTION GODOFREDO PIQUE, Plaintiff, vs. ASBESTOS DEFENDANTS (B*P) 110262 i Case No. CGC 08 274659 DEFENDANT CARLISLE CORPORATION’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Date: November 13, 2009 Time: 9:30 a.m. Dept.: 301 Trial Date: December 14,, 2009 Complaint Filed: May 8, 2008 DEFENDANT CARLISLE CORPORATION'S SEPARATE STATEMENT ont LNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGM Clerk LA ClerkDefendant CARLISLE CORPORATION (“Carlisle”) submits this Separate Statement of Undisputed Facts in support of its Motion for Summary Judgment. UNDISPUTED FACTS AND SUPPORTING EVIDENCE PLAINTIFFS” RESPONSE 1. Plaintiff alleges that his illness was caused by his exposure to asbestos over the course of his life. Huie Decl., Exhibit A. 2. All of Plaintiff's causes of action against Carlisle are based upon his alleged exposure to an asbestos-containing brake lining allegedly manufactured, supplied, or distributed by Carlisle. Huie Decl., Exhibit A. 3. While working as a mechanic for UPS, Plaintiff personally performed brake work all the time. Huie Decl., Exhibit D. 4, The old brakes he removed were Bendix. Huie Decl., Exhibit D. 5. Every single brake lining and brake shoe that came off the UPS trucks was Bendix. Huie Decl., Exhibit D at 723:19-23. 6. The new brakes he installed also were Bendix. Huie Decl., Exhibit D. 7. While working as a mechanic for Federal Express, Plaintiff performed brake work on tractors and trailers. Huie Decl., Exhibit E at 901:3-902:22. 8. He could not recall the manufacturer or brand name of the brakes he took. out of those vehicles. Huie Decl., Exhibit E at 901:3- 902:22. 9. As to the new parts he installed, they were Bendix. Huie Decl., Exhibit E at 901:3- 902:22. 10. While working as a mechanic for East Bay Regional Parks, Plaintiff installed Bendix and Raybestos brakes. Huie Decl., Exhibit E at 943:23-944:17. 11. He did not recall the brand of brakes he removed. Huie Decl., Exhibit E at 943:23- 944:17. 110262 2 DEFENDANT CARLISLE CORPORATION'S SEPARATE STATEMENT ont LNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGM12. Plaintiff also testified that he associated Carlisle only with a wood and metal wheeled platform called a “creeper” and that he did not call ever working in his career as a mechanic with any Carlisle products other than this “creeper.” Huie Decl., Exhibit E at 919:5- 920:6. 13. Defense interrogatories asked Plaintiff to identify, for each contended exposure to asbestos-containing friction products, the manufacturer and type of each such friction product he removed or installed. Huie Decl., Exhibit B. 14. Plaintiff's responses did not name Carlisle at all. Huie Decl., Exhibit C. 15. Nothing in Bendix’s interrogatory responses suggests that Carlisle played any role with respect to asbestos-containing Bendix brakes. Huie Decl., Exhibit F. Date: August 28, 2009 BASSI EDLIN, HUIE & BLUM LLP By:_/s/ JEREMY D. HUIE. JEREMY D. HUIE, ESQ. (SBN 191145) Attorneys for Defendant CARLISLE CORPORATION BASSI EDLIN, HUIE & BLUM LLP 351 California Street, Suite 200 San Francisco, CA 94104 Telephone: (415) 397-9006 110262 3 DEFENDANT CARLISLE CORPORATION'S SEPARATE STATEMENT ont LNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMRe: Gordofredo Pique v. Asbestos defendants, et al. San Francisco County Superior Court Case No. CGC 08-274659 PROOF OF SERVICE —- ELECTRONIC TRANSMISSION STATE OF CALIFORNIA/COUNTY OF San Francisco Tam a citizen of the United States and an employee in the County of San Francisco. Iam over the age of eighteen (18) years and not a party to the within action. My business address is BASSI, EDLIN, HUIE & BLUM LLP, 351 California Street, Suite 200, San Francisco, California 94104. On the date executed below, I electronically served the document(s) via LexisNexis File & Serve, described below, on the recipients designated on. the Transaction Receipt located on the LexisNexis File & Serve website. DEFENDANT CARLISLE CORPORATION’S SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT On the following parties: SEE SERVICE LIST PROVIDED BY LEXIS-NEXIS I declare under penalty of perjury that the foregoing is true and correct and that this document is executed on August 28, 2009, at San Francisco, California. tsi ADELA AREVALO ADELA AREVALO 110262 4 DEFENDANT CARLISLE CORPORATION'S SEPARATE STATEMENT ont LNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGM