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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ATTORNEYS AT LAW POBOX 6169 NOVATO, CALIFORNIA 94948-6169 (445) 898-1555 BRAYTON@PURCELL LLP 222 RUSH LANDING ROAD OC OW DH HW BR BN Yeh thnk ak tk kame ot DN AR BN eH 20 2h 22 23 24 25 26 27 28 is} DAVID R. DONADIO, ESQ., S.B. #154436 JAMIE A. NEWBOLD, ESQ., S.B. #207186 BRAYTON#PURCELL LLP Attorneys at Law ELECTRONICALLY 222 Rush Landing Road FILED P.O. Box Superior C f California, Novato, California 94948-6169 County of an Francisco. (415) 898-1555 MAR 13 2012 inti Clerk of the Court Attorneys for Plaintiffs BY: VANESSA WU Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ROBERT ROSS, ASBESTOS No. CGC-07-274099 Plaintiff, VS. ASBESTOS DEFENDANTS (B+P) NN ee ae! ROBERT ROSS and JEAN ROSS, No. CGC-10-275731 Net Plaintiffs, DECLARATION OF JAMIE A. NEWBOLD IN SUPPORT OF YS. PLAINTIFFS’ MOTION TO )} CONSOLIDATE ACTIONS AND C.C. MOORE & CO. ENGINEERS; ) CONTINUE THE TRIAL DATE Defendants as Reflected on Exhibit 1 nents attached to the Summary Complaint [C.C.P. §1048(a); C.C.P.§583.3400] herein; and DOES 1-8500. Date: April 2, 2012 Time: 9:30 a.m. Dept: 503, Hon. Teri L. Jackson Dates of Filing: No. CGC-07-274099- March 5, 2007 Trial Date: April 2, 2012 No. CGC-10-27573 1-Dec. 17, 2010 Trial Date: N/A 1, Jamie A. Newbold, declare: i. lam an attomey at law, duly licensed to practice before all courts of the State of California and am an associate in the law firm of Brayton¢-Purcell LLP, attomeys of record for Plaintiffs herein. KMinjoreeh 193 4Dnpidoe ian-mn consalidate-cont tris L JAN. DECLARATION OF JAMIE A. NEWBOLD IN SUPPORT OF PLAINTIFFS’ MOTION Tt THE TRIAL DATE ION TO CONSOLIDATE ACTIONS AND CONTINUE.Oo co a DA rR BR WON 10 2. A true and correct copy of the Court’s Order Shortening Time to file this noticed motion is attached hereto as as Exhibit A for both No. CGC-07-274099 and No. CGC-10- 275731. 3. In May, 2006, plaintiff ROBERT ROSS was diagnosed with asbestos-related pleural disease. 4. On March 5, 2007, Mr. ROSS filed an asbestos-related personal injury Action (No. CGC-07-274099) seeking damages resulting from his occupational exposure to asbestos and asbestos-containing products. 5. In October, 2010, ROBERT ROSS was diagnosed with colon cancer. 6. On December 17, 2010, ROBERT ROSS and JEAN ROSS filed a second personal injury action for damages suffered due to Mr. ROSS’s cancer diagnosis (No. CGC-10-275731). 7. On December 14, 2010, all defendants in the initial personal injury action, CGC-07- 274099, were provided with amended standard interrogatory responses notifying them that Mr. ROSS had been diagnosed with colon cancer. At that time, the defendants in the initial action, CGC-07-274099, were also offered all medical records in plaintiffs’ possession. 8. The factual basis underlying both of these cases is virtually identical, involving the same parties and witnesses, and there are numerous common issues of law including the applicability of various tests of product defect and availability of various defenses. 9. It is impossible, impracticable and futile to bring this case to trial on April 2, 2012, iff consolidated, owing to the unique nature of the facts and procedural history of these cases. i declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on March 13, 2012 at Novato, California. Jamie AT Newbo Karedes sonsoliine-cont tril 2 nnd AN DECLARATION © oe JAMIE A. NEWBOLD IN SUPPORT OF PLAINTIFFS’ MOTION TO CONSOLIDATE ACTIONS AND CONTINUEEXHIBIT ANDORS ED Ser ranead ol ED HOF ToRC MAR 13 24 : SUPERIOR COURT OF CALIFORNIA, 12 ‘ aK OF Tye County of San Francisco ERT DEPARTMENT 503 Ry Clare (ASBESTOS) Koss CaseNo: _CGC-01- Z\4044 Plaintiff(s) Order Shortening Time Re: Pants Motion vs. To Ginselidate and Cornu. Tse: 1 Asbestos Defendants Date: 4|2\- . Defendant(s) Time: 9:00 a.m.€9:30 a.m Dept: 503 Good cause appearing, it is the order of this court that the time for service of Mnvarx ff 3 motion > om dale achoos ead +o __ isshortened. Camtiyes Pp 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 counsz! 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\VIAILE- All reply papers shall be Veanved 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 ie Bling, anet-of reply-papers tyson oF 7} ——— DATED: 2h ANZ. [i OF THE SUPERIOR COURT 4 TERI L. JACKSON ORDER SHORTENING TIME fe vP fe) Ay Hage} pee A.ENDORS Son anda i ck, ED. SUPERIOR COURT OF CALIFORNIA MAR 18 2012 County of San Francisco a CLERK OF 7, : de DEPARTMENT 503 (ASBESTOS) Ross CaseNo: CGC-\p-2ISAZ\ Plaintiffs) or Order Shortening Time Re: Pawntl *s Motle vs. Te Consolidale and Conn TR: CC: Moore 7 Ce. Engine eS | Date: 4\2\i2 Defendant(s) Time: 9:00 a.m.@9:30 a.m,> Dept: 503 Good cause appearing, it is the order of this court that the time for service of Plan & ‘smotion Ye COnschdale achons fA ty _ is shortened. All moving papers shall be filed electronically Ws the Meathag served electronically, including a copy of the ex-parte application and this Order Shortening Time, on all opposing counsel of 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. un a DAL : All reply papers shall Wrive 4 . Courtesy hard copies of moving and opposition papers shall be delivered and lodged with [Pept 503 by 1:30 p.m. Pacific Time of the next day following slectronic Eling,and-of tepty-papers JUDGE OF THE SUPERIOR COURT TERIL. JACKSON ORDER SHORTENING TIME