On December 17, 2010 a Motion-Secondary was filed involving a dispute between Ross, Jean, Ross, Robert, and Acco Engineered Systems, Inc., Advanced Mechanical, Advance Mechanical Contractors, Inc., Air Systems Mechanical Contractor, A & K Heating Company, Inc., Albay Construction Company, Allen-Simmons Heating & Sheet Metal Company Inc., Allied Fire Protection, Allied Sprinkler Company, Inc., Allsberry Mechanical Corporation, Anderson, Rowe & Buckley, Inc., Associated Insulation Of California, A. Teichert & Son, Inc., Balliet Bros. Construction Corporation, Banner Drywall & Painting Co. Inc., Barnes Construction Co., Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Bell Products Inc., Beta Mechanical Contractors, L.P., Bragg Investment Company, Inc., Cahill Construction Co., Inc., Cahill Construction Services, Inc., Cahill Contractors, Inc., California Drywall Co., Castro Construction, Inc., C.C. Moore & Co. Engineers, Cincinnati Valve Company, Cjr Plastering, Clausen-Patten, Inc., Clausen-Patten, Inc., A Dissolved Corporation, Climate Air, Inc., Climate Control Co., Inc., Collins Electrical Company, Inc., Commair Mechanical Services, Consolidated Insulation, Inc., Cosco Fire Protection, Inc., Cosco Sprinkler, Critchfield Mechanical, Inc., C & R Plastering, Inc., Csk Auto, Inc., Cupertino Electric, Inc., Delucchi Sheet Metal Works, Dilland Sederberg Plumbing, Does 1-8500, Domco Products Texas Inc., Domco Products Texas, L.P., Donovan Construction, Dorn Refrigeration, Dorn Refrigeration And Air Conditioning, Dpr Construction, Duro Dyne Corporation, D.W. Nicholson Corporation, D. Zelinsky & Sons, Inc., Emil J. Weber Electric Co., Erwin Mechanical Inc., Ex- Fme, Inc. (Fka Fischbach And Moore Electric,, Fairmont Hotel Company, Fluor Corporation, Foley Electric Co., Foley Electric, Inc., Fuller Floors, General Mills, Inc., Giampolini & Co., Graybar Electric Company, Inc., Hanson Permanente Cement, Inc. Formerly Known As, Harold Beasley Plumbing And Heating, Inc., Harry Lee Plumbing & Heating, H & C Investment Associates, Inc., Henry C. Beck Company, Imperial Plastering & Drywall, Insulation Specialties, Inc., James A. Nelson Co., Inc., Johnson Controls, Inc., Jones Plastering Company, Joseph Bruno Sheet Metal Co., Inc., J.T. Thorpe & Son, Inc., J.W. Mcclenahan Company, J.W. Mcclenahan Company, Inc., Kentile Floors, Inc., Laub Sheet Metal Works, Lone Star Industries, Inc., Mack Construction Co., Magee, Robert, Malm Metal Products, Inc., Marine Engineering And Supply Company, Marshco Auto Parts, Inc., Mattock Construction Company, Mcclure Electric, Inc., Metropolitan Life Insurance Company, Michael Brothers, Midstate Mechanical, Inc., Mitchell Bros. Truck Lines, Inc., Monsanto Company, Sued As "Pharmacia Corporation", Oakfabco, Inc., Ortho-Craft, Pacific Fireproofing, Pacific Mechanical Corporation, Parker Insulation Contracting & Supply Co. Inc., Perini Corporation, Pharmacia Corporation, Which Will Do Business In, Pribuss Engineering, Pribuss Engineering, Inc., Raymond Interior Systems-North, Red Top Electric Co. Emeryville, Inc., Robert Magee, Rollie R. French, Inc., Rollins Construction, Rountree Plumbing & Heating Inc., Scott Co. Of California, S F L, Inc., S.J. Amoroso Construction Co., Inc., Slakey Brothers, Inc., Sugden Engineering Co., Swinerton Builders, Temper Insulation, Temporary Plant Cleaners, Inc., Texaco, Inc., The Goodyear Tire & Rubber Company, The W.W. Henry Company, Tuttle And Bailey Corp, Van Mulder Sheetmetal, Van-Mulder Sheet Metal, Inc., Walnut Creek Sheet Metal, Furnace & Air, W.C. Thomason, W.C. Thompson, Webcor Builders, Inc., Westburne Supply, Inc., Willard Electric, Wright Schuchart Harbor, Wright Schuchart Harbor Company, Ross, Jean, Ross, Robert, for civil in the District Court of San Francisco County.
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S KUROW'SKI LLP COOLEY MANION | John T. Hugo, Esq. (State Bar No. 269555) Howard P. Skebe, Esq. (State Bar No. 191407) Lindsay Weiss, Esq. (State Bar No 268076) ELECTRONICALLY COOLEY MANION JONES KUROWSKI LLP FILED 201 Spear Street, 18th Floor Superior Court of California, San Francisco, CA 94105 County of San Francisco Tel: (415) 512-4381 MAR 23 2012 Fax: (415) 512-6791 Clerk of the Court Email: hskebe@cmijklaw.com BY: WILLIAM TRUPEK Email: lweiss@emjklaw.com Deputy Clerk Attorneys for Defendant TEMPORARY PLANT CLEANERS, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO ROBERT ROSS, Case No.: CGC-07-274099 Case No. CGC-10-275731 Plaintiff, ve DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S OPPOSITION TO PLAINTIFFS’ ASBESTOS DEFENDANTS (BP), Defendants. MOTION TO CONSOLIDATE rr ACTIONS AND CONTINUE THE ROBERT ROSS and JEAN ROSS TRIAL DATE Plaintilfs, Hearing: April 2, 2012 Time: 9:30 a.m. v. Dept.: 503, Hon. Teri L. Jackson C.C. MOORE & CO ENGINEERS; et al., Defendants. 1, Lindsay Weiss, hereby declare: 1. Tam an associate attorney with Cooley Manion Jones Kurowski LLP, Attorneys of record for Defendant Temporary Plant Cleaners, Inc. (“TPC”) in the above-entitled case. Iam admitted to practice law in the State of California. Ifcalled upon to testify about the matters herein, T could and would competently do so. “i 1 DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE THE TRIAL DATEIRUROWSKI LLP “S COOLEY MANION Jon 2. I submit this declaration in support of Defendant Temporary Plant Cleaners, Inc.’s Opposition to Plaintiffs Robert Ross and Jean Ross’ (“Plaintiffs”) Motion to Consolidate Actions and Continue the Trial Date. 3. On March 13, 2012, Plaintiffs Robert Ross and Jean Ross (“Plaintiffs”) appeared ex parte in Department 503 of the San Francisco County Superior Court requesting an order shortening time to hear their motion to consolidate the Ross I case with the Ross II case. Plaintiffs’ motion also requests that the Ross I April 2, 2012 trial date be continued. 4. The Court granted Plaintiffs’ ex parte application for an order shortening time, and ordered Plaintiffs’ motion to consolidate actions and continue trial be filed and served electronically on all opposing counsel by 4:00 p.m. on March 13, 2012. The Court further ordered that all opposing papers shall be filed and served electronically by 4:00 p.m. on March 23, 2012. Plaintiffs have waived their right to file any reply papers. A true and correct copy of the Court’s March 13, 2012 Order Granting Plaintiffs’ ex parte Application is attached hereto as Exhibit A. 5. laintiffs filed their motion to consolidate actions and continue trial on March 13, 2012. 6. Plaintiffs did not serve the moving papers on TPC, nor upon any other defendant. 7. laintiffs did not serve a copy of the Court’s March 13, 2012 order granting Plaintiffs’ ex parte application. 8. In Ross I, Plaintiff Robert Ross alleges that he was diagnosed with asbestosis and asbestos-related pleural disease as a result of working with or around asbestos-containing products. Jean Ross, Robert Ross’ wife is not a Plaintiff in Ross I. There are currently eight defendants in Ross I, and Plaintiff and experts have been deposed, Lastly, defendants have filed motions in limine in preparation for the April 2, 2012 trial date. 9, Ross II involves Plaintiffs Robert Ross and Jean Ross and their allegation that Robert Ross was diagnosed with colon cancer in 2010. There are currently 38 defendants in Ross II. Unlike Ross I, Plaintiffs seek damages on behalf of Jean Ross for loss of consortium. Discovery is ongoing in Ross II and no experts have been deposed, or, even retained, on behalf 2 DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE THE TRIAL DATELAW OFFICES OF COOLEY MANION JONES KUROWSKI LLP eo OW ND HW RF BW NHN YR NY BP BN RN Bm mmm tm me CFA H FY DM &§ S oO mM HD A BF YW NHN = OO Discovery is ongoing in Ross II and no experts have been deposed, or, even retained, on behalf of TPC. 10. | TPC has actively litigated in order to obtain a dismissal as to Plaintiffs’ allegations related to Mr. Ross’ asbestosis and asbestos-related pleural disease. The majority of defendants in Ross II have followed suit. A true and correct copy of Plaintiffs’ dismissal of asbestosis and asbestos-related pleural disease as to TPC, is attached hereto as Exhibit B. 11. There are forty-five defendants between Ross I and Ross I. There is only one common defendant in Ross I and Ross II. 12, The Ross I and Ross II cases involve dissimilar diseases, dissimilar defendants, dissimilar damages and dissimilar defenses, such that consolidation would lead to severe prejudice to defendants. I declare under penalty of perjury that the foregoing is, based on information and belief, true and correct. Executed on this 23rd day of March, 2012 at Los Angeles, CA. andsay Weiss 3 DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE THE TRIAL DATEEXHIBIT A TO THE DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE THE TRIAL DATEPOROX 6169 (415) 898-1555 222 RUSH LANDING ROAD NOVATO, CALIFORNIA 24948-6169 BRAYTON@PURCELL LLP ATTORNEYS ATLAW CoP SH A HW fk WN ee meee aN A A Be BW NM FH 19 DAVID R, DONADIO, ESQ, $.B AG JAMIE A. NEWBOLD, ESQ., $.B. #207186 BRAYTON*PURCELL LLP Attomeys at Law 222 Rush Landing Road P. O. Box. 6169 Novato, California 94948-6169 (415) 898-1555 Attorneys for Plaintiffs SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS, ASBESTOS No, CGC-07-274099 Plaintiff, vs. ASBESTOS DEFENDANTS (B+P) ROBERT ROSS and JEAN ROSS, No, CGC-10-275731 Plaintiffs, NOTICE OF ENTRY OF ORDER ) GRANTING ORDER SHORTENING vs. TIME TO NOTICE PLAINTIFFS’ MOTION FOR ORDER TO C.C. MOORE & CO, ENGINEERS; CONSOLIDATE ACTIONS AND Defendants as Reflected on Exhibit 1 CONTINUE THE TRIAL DATE attached to the Summary Complaint ) herein; and DOES 1-8500. ) PLEASE TAKE NOTICE that on March 13, 2012, the Court entered the Order Granting Order Shortening Time to Notice Plaintiffs’ Motion for Order to Consolidate Actions and Continue the Trial Date, attached hereto as Exhibit A. Dated: S/13/j2. BRAYTON®PURCELL LLP BYs Vege A. Newbold Attorneys for Plaintiffs ‘KAlnjorcs 240 UANOR uml-ost mt consolidate spa 1 seranecenaetrtrenerinntnaira Semen NOTICE OF ENTRY OF ORDER GRANTING ORDER SHORTENING TIME TO NOTICE PLAINTIFFS’ MOTION FOR ORDER TO. CONSOLIDATE ACTIONS AND CONTINUE THE TRIAL DATEEXHIBIT ASUPERIOR COURT OF CALIFORNIA, « MAR 13 202 ERK County of San Francisco OF TH DEPARTMENT S03 (ASBESTOS) oss CaseNo: _CGC- 0]. 24044 Plaintifi(s) Order Shortening Time Re: Parartes Moiion vs. To Cmselidate and Croton. - Trent _csverte & Defeodanks Date: i 4\2 2A Defendant(s) Time: 9:00 am«£9:30 ait . Dept: 503 Good cause appearing, it js the order of! this court that the time for service of Prints {tc "smotion te Caniidale achens and te _ is shortened. Canine Re All moving papers shall be filed electronically with the Court aid served electronicaily, inchading a copy of the ex-parte application and this Order Shortening Time, on all opposing counse! or parties without counsel, no later than 4:00 p.m, on the date of this Order. All opposing papers shall be filed and served electronically no later than 4:00 p.m. on 2\L2AVL- All reply papers shall eaaved Courtesy hard copies of moving and opposition papers shall be delivered and lodged with [Dept 503 by 1:30 p.m, Pacific Time of the » next day following ¢ electronic fi Hing, end-of reply-papers TERI L. JACKSON ORDER SHORTENING TIMESUPERIOR COURT OF CALIFORNIA MAR 18 201 County of San Francisco BY:, DEPARTMENT 503 (ASBESTOS) Ross, CaseNor CGC - AUS IS\ | Plaintifi(s) oe Order Shortening Time Re: Paontl *s Molin vs. To Cinsohdate andl Cont Te: CC. Mowe 7 Co. Enaeres | pate _ 4]2.)32- Defendant(s) 7 Time: 9:00 am.€9:30 am. > Dept: 503 ...Good cause appearing, it is the order of this court that the “time for service oi Plant t *smotion Ve _C&nseldale achuns aed ty _ is shortened. “ . CMe. Tal . All moving papers shall be filed electronically with the Court and served electronically, including a copy of the ex-parte application and this Order Shortening Time, on all opposing counse! or parties without counsel, no later than 4:00 p.m. on the date of this Order. All opposing papers shall be filed and served electronically no later than 4:00 p.m. or Beye All reply papers shall WARE d . Courtesy hard copies of moving and opposition papers shall be delivered and lodged with Lf Spans “JUDGE OF THE SUPERIOR COURT — TERI. JACKSON ORDER SHORTENING TIMEEXHIBIT B TO THE DECLARATION OF LINDSAY WEISS IN SUPPORT OF DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S OPPOSITION TO PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUE THE TRIAL DATEC1V-140 ATTORNEY OF PARTY WITHOUT ATTORNEY jNiame, Steen Bac number, ana octeressy Alan R. Brayton (State Bar # $.8. #73685) FOR COURT USE OMLY Brayton Purcell 222 Rush anding Roat Novato, C: TRONI Y ~ "renernont Ha (415) 898-1555 saxno.tomined: (41 5) 898-1247 ELECTRONICALL E-MAILADDRESS (Opficwinge FIL ED arronney rox prema: Plaintiff, ROBERT B. ROSS, et al. ‘Superior Court of California SUPERIOR COURT OF CAUFORNIA, COUNTY OF SAN FRANCISCO. . County of San Francisco streer apbeees: 400 McAllister Street NOV 01 2011 MAILING ADDRESS: . cro npcooe San Francisco, CA 94102 oGlerk of the Court BRANCH NAME Deputy orf PLAINTIFFIPETITIONER: ROBERT B. ROSS, et al. DEFENDANT RESPONDENT: C.C. MOORE & CO. ENGINEERS, et al. REQUEST FOR DISMISSAL CASE NUMBER, 1 ([Z] Personat Injury, Properly Damage, or Wrongful Deaths : CC] motorvehicie [27] other CGC-10-275731 Family: Law ~] Eminent Domain EZ] other fspeciy): Asbestos > Asonformad copy will not be returned by the clerk unless a method of return is provided with the document, - 1. TO THE CLERK: Please dismiss this action as follows: a. (19) With prejudicn — (2) [7] Without prejudice b. 1) GZ] Compraint @) CZ] Petition (3) [[] Cross-complaint filed by (name): on (dete): (4) [C2] Cross-comptalnt fled by fnamex on (date): (6) CO] entre action of all parties and all causes of action - (6) wa Other (specilyy:*Claims arising from the May 2009 diagnosis of asbestosis and asbestos-related pleural disease only, as to defendant TEMPORARY PLANT CLEANERS, INC. only. 2. (Complete in ail cases excep! family aw casas.) [I Court fees and costs were waived for a party in this case, (This information may be obtained fram the clerk. IFtnis box is - checked, the declaration on the hack of this form must be completed). ~~ Date: October 2 2011 ANON BON sap cca » OL G LK tor Man P Beton rosea tavroeccr Le) arrorney [—] parry wemour arrorneny IGNATURES ted Is af aly eeeiped ce causes eget zeten Attorney or party without attorney for: aa Pa Soar rae ea C2] PrainimPettioner — ("] DefendantiRiespondent CI Cross~Gomplainant . 3. TO THE CLERK: Consent to the above distriissal is hereby given.** Date: Addins ditee 1, Merit dosrty 'P. Swere > raves 2 cree on pans name or [7] arroruer |] rarty wrenour arroRnery ‘ o ” prosvcomplaint oF Respance {Family Law) seeking evens Atlomey or patty without aitomey for: py conon it raatbea hy Soe CE ee [2] PlaintitPetitioner [] DefendanvRespondent org). [2] cross-Complainant {To be completed by clerk) 4, (] Dismissal entered as requested on (date): & [__] Dismissal entered on (date): as to only (name): 6, [__] Dismissal not entered as requested for the follwing reasons (spacilyy. 7. a, C2] Attomey or party without attomey notified an (date): b, [7] Attomey or party without aitomey not notified. Filing party failed to provide [2] a copy to be conformed [__] means to retum conformed capy Date: Clerk, by . . Deputy Page 1 ot Micheal Couche Cea REQUEST FOR DISMISSAL ‘Gov Cam, 60S are SE CAVATG [Rew, July 4, 2008] ieaccondidt.ca gowLonetio [CPEAINTIFERETONER: ROBERT B. ROSS, et al. " "CASE NUMBER: | DEFENDANTRESPONDENT:C.C, MOORE & CO. ENGINEERS, et dl. “CGC-10-275731 Declaration Concerning Waived Court Fees The curt hay a‘statutory Ven for waived fees.and costs‘on any recovery of $10,000. or more in-value by | settlement, compromise, arbitration award, mediation settienient, of ather recovery. ‘The ‘court's lien must, be. paid before the courkwill dismiss the case. , * 1, The court waived fies and costs inthis action for (name): ee 2. The persowin item's (oteck oniey: : ° (2 Ie notntcavering atiything of vallie by thisiaetion. ‘6 [CZ] 4s recovering tess tran '$10,000 in value by this action. [oJ 3s recoventig.$10;000 or nore in Value’by this action. (ititémn. 20.18 checkéd, Rent 3 must he completed) [7] -Alrcturt fees ang chests thee were waived in this action have been paid td the court feheniconay: [_1'¥es [].No ” | declace wader penalty at perjury under the favs Of the State OF Calfemia that hs information above Ie tea and dome te frvPpOR Pint iieer[] ArTorince[™"] parrvemons oecLaRAmo RBIGHATURR THAT few ty OO, REQUEST FOR DISMISSAL. foseser’_., LAW ORFICES OF : COOLEY MANION JONES Kurowssr LLP: =~ 6 Se NH Hw Rw RBRRRE BBE RSE RS RPRRBE RB SB ES Robert Ross, et.al. v.CC. Moore & Co. Engineers, et al. San Francisco Superior Court No. CGC-10-275731. PROOF OF SERVICE BY LEXIS-NEXIS E-SERVICE Tam a citizen. of the United States and employed in San Francisco County, California, I ain over the age of eighteen years and not a party to the within-entitled action. My business address i201 Spee Street, 18" Floor, San Francisco, CA. 94105. Qn November 1, 2011, I electronically served the following documents via LexisNexis File and Serve on all parties listed on. the -tiansmission report: : REQUEST FOR DISMISSAL WITHOUT PREJUDICE CLAIMS ARISING FROM THE MAY 2009 DIAGNOSIS OF ASBESTOSIS AND ASBESTOS- RELATED PLEURAL DISEASE AS TO, DEFENDANT TEMPORARY “2° PCANT CLEANERS, INC. ONLY Tdéclate utider penalty of perjury under the laws of the State of California that the above is truc-and correct, : Execiited on November:1,.2011, at San Francisco, California. PROOF OF SERVICE