On July 01, 2008 a Stipulation,Agreement 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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ee SB KA He he BH Ne DWN RN Rm taki tak kat SRR RRBEER REE RAR A FES KS Dean Pollack, State Bar No. 176440 Walter C. Rundin, State Bar No. 072475 Susana Garcia, State Bar No. 253027 BURNHAM BROWN ELECTRONICALLY A Professional Law Corporation FILED P.O. Box 119 - Superior Court of California, Oakland, California 94604 County of San Francisco 1901 Harrison Street, 11th Floor con k, 30 2008. Oakland, California 94612 BY: RAYMOND K. WONG 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'S DECLINATION OF v. STIPULATION FOR COMMISSIONER AT TRIAL ASBESTOS DEFENDANTS (B“P), as : Reflected on Exhibits B, C, G, H, I; and Complaint Filed: July 1, 2008 DOES 1-8500, Defendants. TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: Defendant BORG-WARNER CORPORATION by its successor-in-interest BorgWarner Morse TEC Inc., declines to stipulate to a Commissioner sitting as trial judge in this action, pursuant to San Francisco Superior Court Discovery Rules adopted July 1, 1996. DATED: Iuly, 2008 BURNHAM BROWN By. SUSANA GARC! Attorneys for Defendant BORG-WARNER CORPORATION by its successor-in-interest BorgWarner Morse TEC Inc. 876767 1 DEF. BORG-WARNER CORPORATION'S DECLINATION NO. CGC-08-274719 OF STIPULATION FOR COMMISSIONER AT TRIAL .Re: Rufus Alexander v. Asbesto Defendanis, et al. Court: San Francisco County Superior Court, Unlimited Jurisdiction Action No: CGC-08-274719 PROOF OF SERVICE I declare that I am over the age of 18, not a party to the above-entitled action, and am an employee of Bumham Brown whose business address is 1901 Harrison Street, 1 1 Floor, Oakland, Alameda County, California 94612 (mailing address: Post Office Box 119, Oakland, California 94604). On July 30, 2008, I served the following document(s) in the following manner(s): DEFENDANT BORG-WARNER CORPORATION'S DECLINATION OF STIPULATION FOR COMMISSIONER AT TRIAL MAIL: By placing the document(s) listed above in a sealed envelope with postage thereon on the date and place shown below following ordinary business practice. | am familiar with this business’ practice for collecting and processing documents for mailing. On the same day that documents are placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. Cc FACSIMILE: By transmitting a true copy, via facsimile electronic equipment transmission (fax) to the office(s) of the addressee(s) at the fax number(s) below. The number of pages transmitted (including the Proof of Service Form) was [:] PERSONAL DELIVERY: By personally delivering to and leaving a true copy thereof with the following person(s) at the following address(es) on the date set forth above. PERSONAL DELIVERY BY MESSENGER: By consigning the document(s) listed above to a messenger service for personal delivery to the following person(s) at the following address on the date set forth below. OVERNIGHT: By placing a copy thereof into envelope(s) bearing the name(s) and address(es) and county(ies) of the person(s) to be served by commercial carrier service for overnight delivery as shown below. >} LEXISNEXIS FILE & SERVE: By electronically transmitting the document(s) listed above to LexisNexis File & Serve, an electronic filing service provider, at www.LexisNexis.com, pursuant to the Court’s Order dated October 19, 2004, Mandating Electronic Service. See California Rules of Court 1830 and 2053(a). The transmission was reported as complete and without error. PROOF OF SERVICE CASE NO. CGC-08-274719ONE LEGAL FILE & SERVE: By electronically transmitting the document(s) listed above to One Lega! File and Serve, an electronic filing service provider, at www.onelegal.com, pursuant to the Court’s Electronic Case Filing Standing Order dated May 13, 2005, mandating electronic service. See California Rules of Court, Rule 2053(a) and Rule 2054(b). The transmission was reported as complete and without error. I declare under penalty of perjury under the laws of the State of Califomia that the foregoing is true and correct. DATE: July 30, 2008 hig. hath Canteen i AMCrOn 876989 PROOF OF SERVICE CASE NO. CGC-08-274719