On July 01, 2008 a
MINUTES FOR JUN-07-2011 1:30 PM FOR DEPT 220
was filed
involving a dispute between
Alexander, Rufus,
and
Actuant Corporation,
All Asbestos Defendants,
American Honda Motor Co., Inc.,
Arvinmeritor, Inc., Erroneously Sued Herein As The,
Asbestos Defendants,
Bmw North America, Llc,
Bmw Of North America, Llc,
Bmw Of North America,Llc From The Third Cause Of,
Borg-Warner Corp. By Its Sii Borgwarner Morse Tec,
Bridgestone Firestone North American Tire, Llc,,
Carlisle Corporation,
Caterpillar Inc.,
Clark Equipment Company,
Cummins Engine Company,
Dana Companies, Llc (Erroneously Sued As Dana,
Deere & Company,
Designated Defense Counsel,
Does 1-8500,
Fiat Usa, Inc.,
Ford Motor Company,
Gatke Corporation, A Bankrupt, Defunct, Dissolved,
General Motors Corporation,
Hennessy Industries, Inc.,
Honeywell International Inc.,
Lear Siegler Diversified Holdings Corp.,
Mack Trucks, Inc.,
Maremont Corporation,
Nacco Materials Handling Group, Inc.,
Navistar, Inc., Formerly Known As International,
Nissan Forklift Corporation,
Nissan Motor Co., Ltd.,
Nissan North America, Inc.,
North America And Nissan Technical Center North,
Plant Insulation Company,
Pneumo Abex Llc Successor In Interest To Abex,
The Budd Co.,
Toyota Motors Sales, U.S.A., Inc.,
for ASBESTOS
in the District Court of San Francisco County.
Preview
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
MINUTES
June 07, 2011, Tuesday
RUFUS ALEXANDER,
PLAINTIFF,
vs
ASBESTOS DEFENDANTS (B/P)AS
REFLECTED ON EXHIBITS, et al.,
DEFENDANTS.
Present:
Judge: Harold E. Kahn
Reporter: LaVena Ward, CSR # 7077
Appearing for Plaintiff (s)
See list attached
Department: 220
Case Number: CGC-08-274719
Nature of Cause: Hearing on Discovery
and Law and Motion matters filed by
various defendants
Clerk: Audrey Huie
Bailiff:
Appearing for Defendant(s):
See list attached
APPEARANCES:
Paul Lannus, Esq., of LANKFORD CRAWFORD MORENO LLP (925-300-3520),
appearing for defendant / moving party Ford Motor Company
Elizabeth C. Sears, Esq., of FOLEY & MANSFIELD (510-590-9500), appearing for
defendant / moving party NACCO Materials Handling Group, Inc.
Neil C. Ludman, Esq., of SCHIFF HARDIN (415-901-8700), appearing for defendant /
moving party Deere & Company
Elyse W. Grant, Esq., of KEESAL, YOUNG & LOGAN (415-981-0136), appearing for
defendant / moving party Lear Siegler Diversified Holdings Corp.
K.C. Swisher, Esq., of GORDON & REES (619-230-7410), appearing for defendant / moving
party / joinder Hennessy Industries, Inc.
Case Number: CGC-08-274719
Case Title: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED
ON EXHIBITS et al
Date: June 07, 2011
Form: C01006Bina Ghanaat, Esq., of BURNHAM BROWN (510-835-6730), appearing for defendant /
moving party Borg-Warner Corp. By Its SII BorgWarner Morse Tec Inc.
Bret R. landess, Esq., of O[UM REYEN & PRYOR (415-392-8300), appearing for defendant
/ moving party Fiat USA, Inc.
Natasha Sumner, Esq., of MCKENNA LONG & ALDRIDGE (415-267-4089), appearing for
defendants / moving parties ArvinMeritor, Inc., and Maremont Corporation
Constance Fraenkel, Esq., of BECHERER KANNETT & SCHWEITZER (510-658-3600),
appearing for defendant / moving party / joinder Bridgestone Firestone North American Tire,
LLC
Christopher D. Strunk, Esq., of GORDON & REES (415-986-5900), appearing for defendant
/ moving party The Budd Co., and defendant Carlisle Corporation
Brendan Way, Esq., of JACKSON, JENKINS & RENSTROM, LLP (415-982-3600),
appearing for defendant / moving party Cummins Engine Company
Alexandra Ozols, Esq., of LEWIS BRISBOIS BISGAARD & SMITH LLP, (415-362-2580)
appearing via CourtCall for defendant / joinder American Honda Motor Co. Inc.
Shelley K. Tinkoff, Esq., of BRYDON HUGO & PARKER (415-808-0300), appearing for
defendants / Joinders Pneumo Abex LLC, Dana Companies LLC and Toyota Motors Sales,
U.S.A,, Inc.
Plaintiff Rufus Alexander, (415-574-8986), appearing in pro per.
APPEARANCE FOR OTHER DEFENDANTS:
Steve Clarence, Esq., of BENNETT, SAMUELSEN, REYNOLDS & ALLARD (510-444-
7688), for Gatke Corporation
Gary Lundry, Esq., of GLASPY & GLASPY, INC. (925-947-1300), appearing for defendant
Clark Equipment Company
RULING:
Certain Defendants’ motions for terminating or evidentiary sanctions were argued. The Court
granted the motions and dismissed the case in its entirety without prejudice. All defendants were
dismissed. All other motions set on the Discovery and Law & Motion calendars were moot as
case was dismissed. (List of motions attached.) Counsel for Ford Motor Company is to prepare
an order for the Court’s signature. = (220/HEK)
On Discovery Calendar:
1. Defendant Hennessy Industries, Inc.’s motion for judgment on the pleadings.
2. Defendant Bridgestone Firestone North American Tire, LLC’s motion to compel
discovery responses and for monetary sanctions and terminating sanctions.
3. Defendant Fiat USA, Inc.’s motion to impose sanctions or compel discovery responses and
request for monetary sanctions
Case Number: CGC-08-274719
Case Title: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED
ON EXHIBITS et al
-2- Date: June 07, 2011
Form: C010064. Defendant Lear Siegler Diversified Holdings Corp.’s motion to compel discovery. See
details of appearances and rulings in the Word Minutes
5. Defendant Deere & Company’s motion for terminating sanctions, including dismissal with
prejudice, or for an order compelling responses.
6. Defendant Borg-Warner Corp. by its SII Borgwarner Morse Tec’s motion to compel
plaintiff's responses to its third set of request for production and request for award of
monetary and terminating sanctions.
7. Defendant Borg-Warner Corp. by its SII Borgwarner Morse Tec’s motion to compel
plaintiff's responses to its third set of special interrogatories and request for award of
monetary and terminating sanctions.
8. Defendant Hennessy Industries, Inc.’ motion for terminating or evidentiary sanctions,
request for monetary damages in the amount of $962
9. Defendant Ford Motor Company’s motion for terminating sanctions for failure to obey
court’s April 29, 2010 and August 4, 2010 orders pursuant to C.C.P. § 2023.030.
0. Defendant Nacco Materials Handling Group, Inc.’s motion to compel discovery responses
and for monetary sanctions and terminating sanctions.
1. Defendant The Budd Co.’s motion for sanctions against plaintiff.
2. Defendant The Budd Co.’s motion to exclude testimony, declaration or participation of
plaintiff at trial and request for terminating sanctions in contempt.
3. Defendant The Budd Co.’s motion for an order that matters in request for admissions be
deemed admitted and imposing terminating sanctions
4. Defendant The Budd Co.’s motion to compel discovery responses and imposing terminating
sanctions
5. Defendant Cummins Engine Company’s motion to compel responses to form
interrogatories, special interrogatories and request for production and having subject matter
of request for admissions deemed admitted and for sanctions.
6. Defendant Hennessy Industries, Inc.’s motion to compel discovery responses to requests for
production of documents and sanctions.
7. Defendant Hennessy Industries, Inc.’s motion to compel discovery responses to form
interrogatories and sanctions.
8. Defendant Hennessy Industries, Inc.’s motion for order that matters in request for
admissions be deemed admitted and sanctions.
On Law & Motion Calendar:
A. Defendant Hennessy Industries, Inc.’s motion for judgment on the pleadings.
B. Defendant The Budd Co.’s motion for judgment on the pleadings.
C. Defendant Hennessy Industries, Inc.’s amended motion for judgment on the pleadings.
D. Defendants Arvinmeritor, Inc. and Maremont Corp.’s motion to dismiss for delay in
prosecution
E. Defendant Bridgestone Firestone North America LLC’s joinder to Arvinmeritor, Inc. and
Maremont Corporation’s motion to dismiss for delay in prosecution.
F. Defendant American Honda Motor Co., Inc.’s joinder to Arvinmeritor, Inc. and Maremont
Corp.’s motion to dismiss for delay in prosecution.
Case Number: CGC-08-274719
Case Title: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED
ON EXHIBITS et al
-3- Date: June 07, 2011
Form: C01006G. Defendant Honeywell International, Inc.’s joinder to Arvinmeritor, Inc. and Maremont
Corp.’s motion to dismiss for delay in prosecution.
H. Defendant Hennessy Industries, Inc.’s joinder to Arvinmeritor, Inc. and Maremont Corp.’s
motion to dismiss for delay in prosecution.
I. Defendants Dana Companies, LLC, Toyota Motors Sales, USA Inc. and Pneumo Abex
LLC’s joinders to Arvinmeritor, Inc. and Maremont Corp.’s motion to dismiss for delay in
prosecution.
J. Defendant The Budd Co.'s Joinder In Arvinmeritor, Inc. And Maremont Corporation's
Motion To Dismss For Delay In Prosecution.
K. Defendant Fiat Usa, Inc.'s Joinder In Co-Defendants' Motion To Dismiss For Delay In
Prosecution.
Case Number: CGC-08-274719
Case Title: RUFUS ALEXANDER VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED
ON EXHIBITS et al
-4- Date: June 07, 2011
Form: C01006