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  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview
  • RODRICK BRECKLER et al VS. ASBESTOS DEFENDANTS (B*P) AS REFLECTED ON et al ASBESTOS document preview 
						
                                
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11

JAMES N. SINUNU, SBN 62802
BRIAN J. TRIPLETT, SBN 233442

SINUNU BRUNI LLP ELECTRONICALLY

333 Pine Street, Suite 400 FILED

San Francisco, CA 94104-3311 Superior Court of California,

porephone: ‘Neo? County of San Francisco
‘acsimile: 362.

jsinunu@sinunubruni.com JUL ot 201 1

btriplett@sinunubruni.com BY: aT ans Wun

Deputy Clerk

Attorneys for Defendant

FEDERAL-MOGUL ASBESTOS PERSONAL
INJURY TRUST as successor to FELT
PRODUCTS MANUFACTURING COMPANY

SUPERIOR COURT OF CALIFORNIA

CITY AND COUNTY OF SAN FRANCISCO — UNLIMITED JURISDICTION

RODERICK BRECKLER and JOANN
BRECKLER,

Case No.: CGC-08-274566

DEFENDANT FEDERAL-MOGUL
ASBESTOS PERSONAL INJURY TRUST
as successor to FELT PRODUCTS
MANUFACTURING COMPANY’S
AMENDED SEPARATE STATEMENT
REGARDING TRIAL TIME LIMITS —
PURSUANT TO LOCAL RULE 6.8

Plaintiffs,

ASBESTOS DEFENDANTS (B*P)

Date: July 11, 2011

Time: 11:15 a.m.

Dept.: 220

Judge: Hon, Harold E. Kahn

Complaint Filed: March 12, 2008

ee ES SSS SS

Defendant FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST as successor to
FELT PRODUCTS MANUFACTURING COMPANY (hereinafter “Defendant”) hereby issues its
Amended Separate Statement Regarding Trial Time Limits as required by San Francisco Superior
Court Local Rule 6,8. Defendant reserves the right to supplement or amend this list as discovery in
this matter is still open and the depositions of numerous witnesses have yet to be completed.

1

DEFT. FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as successor to FELT PRODUCTS
MANUFACTURING COMPANY’S AMENDED STATEMENT REGARDING TRIAL TIME LIMITS ~ PER LR 6.8Local Rule 6.8(B)(2)(a) — Total Number of Hours Needed to Try the Case:

Defendant currently estimates that the total number of hours required for Plaintiffs and one
defendant to try this matter will be approximately 60-70 hours. This estimate includes voir dire,
opening statements, direct and cross examination of witnesses, and closing arguments. This estimate
does not include time for motions and pre-trial issues. This estimate would change based on the
number of defendants.

Local Rule 6.8(B)(2)(b) — Witness List:

Defendant anticipates calling the below-listed witnesses in its case in chief, Defendant reserves

the right to supplement or amend this list as discovery is ongoing and depositions of all witnesses have
not yet been completed.

Peter Barrett, MD, FACR: Defendant anticipates that direct examination of Dr. Barrett will
last approximately one (1) hour. Dr. Barrett is expected to testify generally about radiological
concepts and their relation to the diagnosis of pulmonary disease. He will testify specifically regarding
his evaluation of x-rays in the diagnosis of asbestos-related diseases. Dr. Barrett will also testify that
some asbestos-containing products are not hazardous and that any possible exposure from such
asbestos-containing products could not have caused Plaintiff's alleged illnesses, Dr. Barrett may also
testify as to those products, agents or processes which he believes caused Plaintiff's disease, injury or
physical conditions.

Jeffrey S, Birkner, Ph.D., CIH: Defendant anticipates that direct examination of Dr. Birkner
will last approximately one (1) hour. Defendant anticipates that Dr, Birkner will give testimony
concerning the levels of asbestos to which Plaintiff was potentially exposed at work places and the
products to which Plaintiff may have been exposed. He may provide testimony regarding the
quantitative and qualitative assessment of exposure to the asbestos-containing products alleged by
Plaintiffs, the occupational and epidemiological issues in relation to asbestos exposure, and issues of
alternative causation. He is expected to provide a retroactive exposure assessment and may discuss
historical levels of exposure both in general and Plaintiff-specific terms. He may also discuss the
history of asbestos regulations and their changes over time. He may provide testimony regarding
general industrial hygiene principles, methodologies for estimating exposures, as well as Permissible

2

DEFT. FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as successor to FELT PRODUCTS
MANUFACTURING COMPANY'S AMENDED STATEMENT REGARDING TRIAL TIME LIMITS - PER LR 6.8SCO OW ND HW BB WN

nA vA Bw N

Exposure Limits. He may also discuss the relationship between scientific knowledge and the
development of standards and public policy relating to asbestos and non-asbestos particulate aerosols
and how these substances are regulated and monitored.

David Garabrant, M.D., MPH, MS. FACOEM, FACPM: Defendant anticipates that direct
examination of Dr. Garabrant will last approximately one (1) hour. Dr. Garabrant is expected to give
testimony concerning the epidemiological and occupational health issues related to asbestos and
Plaintiff's cancer.

Andrew J. Ghio, M.D.: Defendant anticipates that direct examination of Dr. Ghio will last
approximately one (1) hour. Dr. Ghio may testify concerning lungs and thoracic organ functions,
Plaintiffs medical condition, and issues of alternate causation.

David H. Lovett, M.D.: Defendant anticipates that direct examination of Dr. Lovett will last

approximately one (1) hour. Dr. Lovett will testify regarding his knowledge of Plaintiff's kidney
disease, the causal association between Plaintiff's disease and exposure to asbestos, and issues of
alternative causation and life-shortening problems not related to alleged asbestos exposure.

Gerald Meyers, M.D.: Defendant anticipates that direct examination of Dr. Meyers will last
approximately one (1) hour. Dr. Meyers’ testimony concerns lungs and thoracic organ functions,
Plaintiff's medical condition, diagnosis, prognosis, and issues of alternative causation and life-
shortening problems not related to alleged asbestos exposure.

Dr, Robert Morgan: Defendant anticipates that direct examination of Dr. Morgan will last
approximately one (1) hour. Dr. Morgan is expected to give testimony concerning the epidemiological
and occupational health issues related to the cause of Plaintiff's illness, and issues of alternative
causation and life-shortening problems not related to alleged asbestos exposure.

Norman Moscow, M.D.: Defendant anticipates that direct examination of Dr. Moscow will
last approximately one (1) hour. Dr. Moscow is expected to give testimony concerning interpretation
of radiographic materials pertaining to Plaintiff's medical condition.

Khalil Sheibani, M.D.: Defendant anticipates that direct examination of Dr. Sheibani will last
approximately one (1) hour. Dr. Sheibani is expected to give testimony concerning pathological
aspects of the case, Plaintiff's medical condition, issues of causation, and alternative causation and life-

3

DEFT. FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as successor to FELT PRODUCTS
MANUFACTURING COMPANY’S AMENDED STATEMENT REGARDING TRIAL: TIME LIMITS — PER LR 6.8So Dem I DUM PB WwW NY

shortening problems not related to alleged asbestos exposure.

Samuel Spivack, M.D.: Defendant anticipates that direct examination of Dr. Spivack will last
approximately one (1) hour. Dr. Spivack is expected to give testimony concerning the alleged
connection between Plaintiff's medical condition and his alleged asbestos exposure, the treatment of
and prognosis for Plaintiff's condition, and issues of causation.

Frederick M. Toca, Ph.D.: Defendant anticipates that direct examination of Dr. Toca will last
approximately one (1) hour. Dr. Toca will discuss the indirect sample preparation method and its
shortcomings. The indirect preparation method does not measure worker exposure or health hazards.
He will also discuss the use of Tyndall lighting and its effect upon particles. In a case where William
Longo has testified for Plaintiffs, Dr. Toca will discuss the videotape demonstrations filmed by Longo
and the misleading nature of those videotapes. Dr. Toca will also analyze the data entered by Longo
from his videotapes and will testify that no health hazards were demonstrated in his videotape because
the threshold limit value was not exceeded.

David Weiner, MBA: Defendant anticipates that direct examination of Mr. Weiner will last
approximately one (1) hour. Mr. Weiner’s testimony concerns the appropriate calculations of
economic loss in this case, including, but not limited to, any claimed past and future loss for social
security earnings, household services, pensions, potential future earnings and profits, business
valuation, and/or medical billings.

Robert Pearlstein, or other Person Most Knowledgeable, for Defendant: Mr. Pearlstein
will act as the COR/PMK for Defendant. He is anticipated to testify regarding Defendant’s products
during various points in time. It is anticipated that his testimony will take approximately one (1) hour.

Plaintiff Roderick Breckler: Defendant anticipates that cross-examination of Mr. Breckler,
by way of reading his deposition testimony into the record, will last approximately four to eight (4-8)
hours.

Other Rebuttal or Person Most Knowledgeable Witnesses: This may include, but is not
limited to, the Person Most Knowledgeable for all medical providers and their billing departments
regarding the actual payment of any medical bills in this matter, the Person Most Knowledgeable or
Custodian of Records from the WCAB or workers’ compensation insurance carrier(s) to discuss

4

DEFT, FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as successor to FELT PRODUCTS
MANUFACTURING COMPANY’S AMENDED STATEMENT REGARDING TRIAL TIME LIMITS - PER LR 6.8I A UA KR WN

medical billings as actually paid and to discuss the fact that all of Plaintiff’s medical bills were
awarded and agreed to be paid by workers compensation carrier(s). This testimony is anticipated to
take approximately one to three (1-3) hours.

Local Rule 6.8(8)(2)(c) — Total Length of Direct Examination:

Defendant anticipates that it will require at least 20-25 hours of time to conduct direct
examination. More time may be required depending on what issues are raised by opposing counsel. It
is unknown what other parties may require to conduct their direct examinations.

Dated: June 30, 2011 SINUNU BRUNI LLP

JAMES N. SINUNU

BRIAN J. TRIPLETT

Attorneys for Defendant FEDERAL-
MOGUL ASBESTOS PERSONAL
INJURY TRUST as successor to FELT
PRODUCTS MANUFACTURING
COMPANY

5

DEFT. FEDERAL MOGUL ASBESTOS PERSONAL INJURY TRUST as successor to FELT PRODUCTS
MANUFACTURING COMPANY’S AMENDED STATEMENT REGARDING TRIAL TIME LIMITS — PER LR 6.8PROOF OF SERVICE

Roderick Breckler and Joann Breckler v. Asbestos Defendants (B*P)
San Francisco Superior Court Case No.: CGC-08-274566

I am over the age of eighteen years and not a party to the above-captioned matter,
My business address is 333 Pine Street, Suite 400, San Francisco, California 94104-3311,
where the service described below took place on the date set forth below.

Person(s) Served and Manner of Service:

Electronic Service: On the date executed below, | electronically served the
document(s) via LexisNexis File & Serve described below on recipients designated
x on the Transaction Receipt located on the LexisNexis File & Serve website.

Document(s) Served:

DEFENDANT FEDERAL-MOGUL ASBESTOS PERSONAL INJURY TRUST
as successor to FELT PRODUCTS MANUFACTURING COMPANY’S
AMENDED SEPARATE STATEMENT REGARDING TRIAL TIME LIMITS
— PURSUANT TO LOCAL RULE 6.8

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.

Dated: July 1, 2011

Lorri Nicolini

PROOF OF SERVICE