On July 01, 2008 a Hearing 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 - So 6 BD HR BR RN om —_— = Bw oN 14 15 16 17 18 19 20 2 22 23 24 25 26 27 28 J. Scott Wood, Esq. SBN 136306 Elizabeth R. Bain, Esq. SBN 255265 ELECTRONICALLY Foley & Mansfield P.L.L.P. FILED 300 Lakeside Dr., Suite 1900 Superior Court of Californk Oakland, CA 94612 County of San Francisco Telephone: (510) 590-9500 OCT 26 2010 Facsimile: (510) 590-9595 ebain@foleymansfield.com Clerk of the Court BY: EDNALEEN JAVIER Deputy Clerk Attorneys for Defendant NACCO MATERIALS HANDLING GROUP, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO RUFUS ALEXANDER, Case No. CGC-08-274719 Plaintiff, “Asbestos-Related Case” NOTICE OF MOTION AND MOTION BY NACCO MATERIALS HANDLING GROUP, INC., TO COMPEL DISCOVERY RESPONSES, AND FOR MONETARY VS. ASBESTOS DEFENDANTS (BP), et al., Defendants. SANCTIONS AND TERMINATING SANCTIONS Date: Nov. 18, 2010 Time: 1:30 p.m. Dept: 220 Judge: Hon, Harold E, Kahn Complaint Filed: July 1, 2008 Trial Date: Not Assigned ee ee TO PLAINTIFF RUFUS ALEXANDER: PLEASE TAKE NOTICE that on November 18, 2010, at 1:30 p.m., or as soon thereafter as this matter may be heard in Department 220 of the above-entitled Court located at 400 McAllister St., San Francisco, CA, the Honorable Harold Kahn, presiding, defendant NACCO Materials Handling Group, Ine, (hereinafter “NACCO”), will move this Court for an order compelling Plaintiff to provide verified. responses to Special Interrogatories, Requests for Production of Documents, and Requests for Admission without objections, and for payment of monetary sanctions in the amount the court sees fit. J NOTICE OF MOTION AND MOTION BY NACCO MATERIALS HANDLING GROUP, INC., TO COMPEL DISCOVERY RESPONSES, AND FOR MONETARY SANCTIONS AND TERMINATING SANCTIONScee DOD A ee BH YR Be YY Bw NR NY KR DP Be SB ee ee ee ee SAA eh BF BN = SF OC HB HW DH A RB WBN & S This motion will be made on the basis that Plaintiff has not served timely, verified responses to properly propounded discovery in this action, failed to produce verified responses, and on the basis that there is no substantial justification for Plaintiff's failure to respond. In addition, NACCO will request terminating sanctions. This motion will be based upon this notice, supporting declaration of attorney Elizabeth R. Bain, supporting memorandum of points and authorities, all pleadings presented for the Court’s consideration in all matters at such time as the matter may be heard and upon such other evidence as may be presented. Dated: October 26, 2010 FOLEY & MANSFIELD, P.L.L.P. BY Attorneys for Defendant NACCO MATERIALS HANDLING GROUP, INC. 2 NOTICE OF MOTION AND MOTION BY NACCO MATERIALS HANDLING GROUP, INC., TO COMPEL DISCOVERY RESPONSES, AND FOR MONETARY SANCTIONS AND TERMINATING SANCTIONS