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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eo eI Dh eR BW HR RR RP YP RW OR RN BP OB eB Oe ew ee oe oe ee za BA UF fb HY NR S&F SCS SF Be UI OTK OhlUrmUlUMGSLUMNlUlUrehlUC Dean Pollack, State Bar No. 176440 Walter C. Rundin, State Bar No, 072475 Bina Ghanaat, State Bar No. 264826 ELECTRONICALLY BURNHAM BROWN A Professional Law Corporation F ILE D P.O. Box 19 “et asta Oakland, California 94604 _ OCT 20 2010 1901 Harrison Street, 11th Floor Clerk of the Court Oakland, California 94612 BY: WILLIAM TRUPEK Telephone: (510) 444-6800 Deputy Clerk Facsimile: (510) 835-6666 Attorneys for Defendant BORG-WARNER CORPORATION by its successor-in-interest BorgWarner Morse TEC Inc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION RUFUS ALEXANDER No, CGC-08-274719 Plaintiff, DEFENDANT BORG-WARNER CORPORATION BY ITS SUCCESSOR v. IN INTEREST BORGWARNER MORSE TEC INC.’S NOTICE OF ASBESTOS DEFENDANTS (BP), as MOTION AND MOTION TO COMPEL Reflected on Exhibits B, C, G, H, I; and PLAINTIFF’S RESPONSES TO BORG- DOES 1-8500, WARNER CORPORATION’S THIRD SET OF REQUESTS FOR Defendants. PRODUCTION OF DOCUMENTS AND REQUEST FOR AWARD OF MONETARY AND TERMINATING SANCTIONS DATE: November 18, 2010 TIME: 1:30 p.m. PLACE: Hon. Judge Kahn, Dept. 220 Complaint Filed: July 1, 2008 TO ALL PARTIES HEREIN AND THEIR RESPECTIVE ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on November 18, 2010 at 1:30 p.m. before the Honorable Judge Kahn, defendant Borg-Warner Corporation (“Defendant”) will move for an order compelling plaintiff Rufus Alexander (“Plaintiff”) to respond to Defendant’s third set of requests for production of documents. MW 1 DEF. BORG-WARNER CORP, BY ITS SI] BORGWARNER MORSE TEC INC.’8 NOTICE OF MOT. AND NO. CGC-08-274719 MOT, TO COMPEL PLTF’S RESPS TO BORG-WARNER CORP.’S 3rd SET OF RPD AND REQ, FOR AWARD OF MONETARY AND TERMINATING SANCTIONS.CoC eB KR eH hk BY YP RR RP RW RW NR RN YD ee Be Be eB Be oe Be Be ee ec 2 TK FH & OH LUNUlUlUrRlUDOSUlUCOCOlUlUOUCUNCCUCNOO DON CUS In addition, Defendant will move for an order compelling Plaintiff to provide objection- free responses as a result of his failure to respond at all to Defendant’s third set of requests for production of documents. Defendant will also move for an order requiring Plaintiff and his counsel, if any, to pay Defendant $546 in sanctions per motion (for a total of $1,092) to compensate Defendant for the attorney fees it incurred in bringing both motions, as well as terminating sanctions. This motion is brought pursuant to sections 2030,290 and 2030.300 of the California Code of Civil Procedure on the ground that Plaintiff failed to respond to Defendants third set of requests for production of documents. Each of the discovery requests is relevant to the subject matter of this action. This motion will be based upon this notice of motion and motion, the accompanying memorandum of points and authorities, the papers and pleadings on file in this action, the declaration of Bina Ghanaat submitted herewith, and on such other and further oral and documentary evidence and/or testimony as may be presented at the hearing of this motion. DATED: 0¢4+.19 2010 BURNHAM BROWN asi By Baw Chanaat BINA GHANAAT Attorneys for Defendant BORG-WARNER CORPORATION by its Suecessor-in- interest BorgWarner Morse TEC inc, 1026147 2 DEF. BORG-WARNER CORP. BY ITS SI] BORGWARNER MORSE TEC INC.’8 NOTICE OF MOT. AND NO. CGC-08-274719 MOT. TO COMPEL PLTF’S RESPS TO BORG-WARNER CORP.'S 31d SBT OF RPD AND REQ, FOR AWARD OF MONETARY AND TERMINATING SANCTIONS,