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 YD ne ww bob MW WwW DO ND NS MD DD ona a FF woNH FEF 6 © HAND ae FW YD KF OS PETER R. BOUTIN, CASB No. 65261 peter.boutin@kyl.com GORDON C. YOUNG, CASB No. 158100 gordon.young@kyl.com JOHN COX, CASB No. 197687 john.cox@kyl,com KEESAL, YOUNG & LOGAN A Professional Corporation 450 Pacific Avenue San Francisco, California 94133 Telephone: (415) 398-6000 Facsimile: (415) 981-0136 Attorneys for Defendant ELECTRONICALLY FILED Superior Court of California, County of San Francisco OCT 18 2010 Clerk of the Court BY: WILLIAM TRUPEK Deputy Clerk LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO - UNLIMITED JURISDICTION RUFUS ALEXANDER, Plaintiff, vs. ASBESTOS DEFENDANTS (BHC), et al., Defendants. Case No. CGC-08-274719 NOTICE OF MOTION AND MOTION BY LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. 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 Action Filed: Trial Date: July 1, 2008 Not set. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT at 1:30 p.m. on November 18, 2010, or as soon thereafter as the matter can be heard in Department 220 of the above-entitled Court, located at 400 McAllister Street, San Francisco, California, Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. (“Lear Siegler”) will move this Court for an order compelling plaintiff to provide verified responses to Special Interrogatories and Requests for Admission without objections. In addition, Lear Siegler will seek 1- KYL_SF514807 NOTICE OF MOTION AND MOTION BY LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. TO COMPEL DISCOVERY RESPONSESwo wn aan Fe, Ww NS He wow Dy YW NY NW NW DO ND ee ee oe Aaa & & ONY KF SC GC WNBA we YY terminating sanctions under California Code of Civil Procedure section 2023.030(d)(3). This motion will be based upon Plaintiffs numerous abuses of the discovery process. Evidence of Plaintiff's abuse of the discovery process includes: (1) Plaintiff's failure to serve and produce timely verified responses to properly propounded discovery; (2) Plaintiff's repeated violations of this Court’s Orders that Plaintiff be deposed; and (3) Plaintiffs failure to engage in the meet and confer process or otherwise participate in discovery. Plaintiffs refusal to participate in discovery is without justification and should result in the dismissal of this action. This motion will be made pursuant California Code of Civil Procedure section 2023.010 subsections (d), (g), and (i) and 2023.030(d)(3), and will be based upon this notice, the attached Memorandum of Points and Authorities, the Declaration of John Cox, 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 1B, 2010 z ITER R. BOUTIN GORDON C. YOUNG JOHN COX KEESAL, YOUNG & LOGAN Attorneys for Defendant LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. _2- KYL_SF514807 NOTICE OF MOTION AND MOTION BY LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. TO COMPEL DISCOVERY RESPONSESCo wm NN fF TO ®e BS Py o 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, the undersigned, hereby declare that 1 am employed in the City and County of San Francisco. I am over the age of eighteen years and not a party to the within action. My employer and business address is Keesal, Young & Logan, 450 Pacific Avenue, San Francisco, CA 94133, and my telephone number is (415) 398-6000. On OCTOBER 18, 2010, Following Ordinary Business Practices, I Served NOTICE OF MOTION AND MOTION BY LEAR SIEGLER DIVERSIFIED HOLDINGS CORP. MOTION TO COMPEL DISCOVERY AND REQUEST FOR TERMINATING SANCTIONS On The Parties Involved Addressed As Follows: Rufus Alexander 170 Cashmere St., Apt. D San Francisco, CA 94124 {X] BY OVERNIGHT DELIVERY: (i.e., Federal Express, DHL or other similar service} I am readily familiar with my employer's practice for collection and processing of documents for overnight delivery and that practice is that the documents are either placed into overnight service's drop-off box before the last pick-up time indicated on the drop-off box, or arrangements made to pick-up at our office or to deliver to the office of the overnight service before the last pick-up time. The appropriate postage and overnight delivery charges are then billed to us at a later time. On this date, I served the above interested parties following my employer's ordinary business practice. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on October 18, 2010, at San Francisco, California. Megan Albeértsyn PROOF OF SERVICE