On July 01, 2008 a Motion,Ex Parte 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.
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Oo PN DBD oT FF BW NH Ww NW DY NH DW DW DW MD Dw we ee ony fo oo ££ bw BW KF SC DD BN DP TO Fe WN KY PETER R. BOUTIN, CASB No. 65261 peter. boutin@kyl.com GORDON catleyLeon CASB No. 158100 ELECTRONICALLY gordon. youn; yl.com JOHN COX, CASB No. 197687 si F ILE D . john.cox@kyl.com superior Court of California, KEESAL, YOUNG & LOGAN county of San Rrancisco A Professional Corporation NOV 10 2010 450 Pacific Avenue Clerk of the Court San Francisco, California 94133 BY: ALISON AGBAY Telephone: (415) 398-6000 Deputy Clerk Facsimile: (415) 981-0136 Attorneys for Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION Case No. CGC-08-274719 NOTICE OF PLAINTIFF'S NON- OPPOSITION TO DEFENDANT LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.’S MOTION TO COMPEL DISCOVERY AND REQUEST FOR TERMINATING SANCTIONS Date: November 18, 2010 Time: 1:30 p.m. Dept: 220 Judge: Hon. Harold E. Kahn RUFUS ALEXANDER, Plaintiff, vs. ASBESTOS DEFENDANTS (BHC), et al., Defendants. Action Filed: July 1, 2008 Trial Date: Not set. PLEASE TAKE NOTICE THAT Plaintiff RUFUS ALEXANDER has not filed or served an opposition to Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.’s (“Defendant”) Motion to Compel Discovery and Request for Terminating Sanctions within the time proscribed by law. Plaintiff has established a pattern of non-action in this case, as evidenced by his failures to (1) respond to Lear Siegler’s discovery requests; (2) comply with court orders compelling him to respond to discovery requests; and (3) to appear for, or -i- KYL_SF516870V2 NOTICE OF PLAINTIFF'S NON-OPPOSITION TO MOTION FOR TERMINATING SANCTIONSCo mr NH DT FF WO NY eH 10 participate in, his deposition. Plaintiffs non-action has culminated in his failure to respond to Lear Siegler’s Motion. Accordingly, Lear Siegler respectfully requests that the request for terminating sanctions be granted with prejudice. DATED: November /0_, 2010 x TER R. BOMTIN ‘GORDON C. YOUNG JOHN COX KEESAL, YOUNG & LOGAN Attorneys for Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. -2- KYL_SF516870V2 NOTICE OF PLAINTIFF'S NON-OPPOSITION TO MOTION FOR TERMINATING SANCTIONS28 PROOF OF SERVICE Rufus Alexander v. Asbestos Defendants (BHC), et al. SFSC Case No. CGC-08-274719 STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO Tam employed in the County of, State of California. Iam over the age of 18 and not a party to the within action; my business address is Keesal, Young & Logan, 450 Pacific Avenue, San Francisco, California 94133. On November 10, 2010, following ordinary business practices, I served NOTICE OF PLAINTIFF'S NON-OPPOSITION TO DEFENDANT LEAR SIEGLER DIVERSIFIED HOLDINGS CORP.’S MOTION TO COMPEL DISCOVERY AND REQUEST FOR TERMINATING SANCTIONS on the following parties: Rufus Alexander (In Pro Per) ALL COUNSEL 170 Cashmere Street, Apartment D San Francisco, CA 94124 Service by Overnight Mail x] BY UPS OVERNIGHT DELIVERY: I caused such envelope(s), fully prepaid on account, to be placed within the custody of UPS at San Francisco, California. Iam readily familiar with Keesal, Young & Logan’s practice for collection and processing of correspondence for overnight delivery and know that in the ordinary course of Keesal, Young & Logan’s business practice, the document described above will be deposited in a box or other facility regularly maintained by UPS or delivered to an authorized courier or driver authorized by UPS to receive documents on the same date that it is placed at Keesal, Young & Logan for collection. ® BY ELECTRONIC on the recipients designated on the Transaction Receipt. located on the Lexis Nexis File & Serve website, pursuant to San Francisco Superior Court General Order No. 158. Asbestos Related Case. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on November 10, 2010 at San Francisco, California. QW tebe Maria Celina M. Schilt PROOF OF SERVICE KYL_SF516820