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  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview
  • ROBERT ROSS et al VS. C.C. MOORE & CO. ENGINEERS ASBESTOS document preview 
						
                                
Preview

                                CM-110

"ATTORNEY OR PARTY WITHOUT ATTORNEY (Nlame, Slate Bar number, and address:

Bernard T. Cotter, Esq., SBN: 30653
McDowall Cotter, A.P.C.
2070 Pioneer Court, San Mateo, CA 94403
TELEPHONE NO. 650-572-7933 FAX NO. {Optionay: 650-572-0834
E-MAIL ADDRESS (Optiona): bcotter@mcdlawyers.net
ATTORNEY FOR (veme: Defendant, Beta Mechanical Contractors, L.P.

SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO.
STREET ADDRESS:
matunsanoress: 400 McAllister St.

CiTy AND IP CODE: San Francisco, CA 94102
BRANCH NAME:

PLAINTIFF/PETITIONER: Robert Ross and Jean Ross
DEFENDANT/RESPONDENT: C.C. Moore & Co. Engineers et al.

FOR COURT USE ONLY

ELECTRONICALLY,
FILED

Superior Court of Californik
County of San Francisco

NOV 23 2011

Clerk of the Court
BY: WILLIAM TRUPEK

Deputy Clerk

CASE MANAGEMENT STATEMENT

(Check one): ¥ | UNLIMITED CASE [7] LimrteD cASE
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)

CGC-10-275731 ASBESTOS

A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: December 15, 2011

Address of court (if different from the address above):
Same.

Notice of Intent to Appear by Telephone, by (name):

Time: 1:30 P.M. Dept.: 503 Oiv.:

Room:

INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.

1. Party or parties (answer one).

a. [¥ 1! This statement is submitted by party (name): Beta Mechanical Contractors, L.P.

This statement is submitted jointly by parties (names):

2. Complaint and cross-complaint (fo be answered by plaintiffs and cross-complainants only)

a. The complaint was filed on (date):
b. The cross-complaint, if any, was filed on (date):

3. Service (fo be answered by plaintifis and cross-complainants only)

a. All parties named in the complaint and cross-compiaint have been served, have appeared, or have been dismissed

b. The following parties named in the complaint or cross-complaint
(A) have not been served (specify names and explain why not):

(2) have been served but have not appeared and have not been dismissed (specify names):

(3) have had a default entered against them (specify names):

C The foltowing additional parties may be added (specify names, nature of involvement in case, and date by which

they may be served):

4. Description of case
a. Type ofcase in | ¥ | complaint

cross-complaint (Describe, including causes of action):

Asbestos exposure to plaintiff, Robert Ross. Loss of consortium by plaintiff Jean Ross. There is a multitude of

defendants.
Page 4 of §
Fort die Courch or CaiforsiaS CASE MANAGEMENT STATEMENT 3a Ries ofa

Chte10 (Rev July 4, 2011),

www caus ca.govCM-110

PLAINTIFF/PETITIONER: Robert Ross and Jean Ross CASE NUMBER:
. CGC-10-275731 ASBESTOS
DEFENDANT/RESPONDENT: C.C. Moore & Co, Engineers et al.

4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount}, estimated future medical expenses, fost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief)

Asbestos exposure case. Plaintiff, Robert Ross, claims exposure to asbestos from a multitude of sources
beginning 2-1-59. Plaintiff, Jean Ross, claims loss of consortium.

(if more space is needed, check this box and attach a page designated as Altachment 4b.)

Jury or nonjury trial

The party or parties request ¥_| a jury tral a nonjury trial. (if more than one party, provide the name of each party
requesting a jury trial):

Both plaintiffs and all defendants.

Trial date

a The trial has been set for (date):

b ¥_] No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):

c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):

Estimated length of trial

The party or parties estimate that the trial will take (check one):
a days (specify number): 30 to 60.

b. hours (short causes) (specify):

Trial representation (fo be answered for each party)

The party or parties will be represented at trial ¥ | by the attomey or party listed in the caption by the following:
a. Attorney:
Firm:
c, Address:
d. Telephone number: {Fax number:
e. E-mail address: g. Party represented:

Additional representation is described in Attachment 8.

Preference
This case is entitled to preference (specify code section):

10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read

the ADR information package provided by the court under rule 3,221 for information about the processes available through the
court and community programs in this case.

(1) For parties represented by counsel: Counsel LY has has not provided the ADR information package identified
in rule 3.221 to the client and reviewed ADR options with the client.

(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.

b. Referral to judicial arbitration or civil action mediation (if available).

(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory bmit.

(2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.

(3) L¥) This case is exempt from judicial arbitration under rule 3.841 of the California Rules of Courtor from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption).

CHT Ree Jay 7, 2074 CASE MANAGEMENT STATEMENT Page 2ofCM-110

| PLAINTIFF/PETITIONER: Robert Ross and Jean Ross [PASE NUMBER:
DEFENDANT/RESPONDENT: C.C. Moore & Co. Engineers et al. CGC-10-275731 ASBESTOS

10. ¢. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check ail that apply and provide the specified information).

The party or parties completing | If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR | indicate the status of the processes (attach a copy of the parties' ADR

processes (check ail that apply): | stipulation):

Mediation session not yet scheduled

(1) Mediat Mediation session scheduled for (date):
lediation
Agreed to complete mediation by (date):

Mediation completed on (date):

Settlement conference not yet scheduled

Settlement conference scheduled for (date);

(2) Settlement i
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
(3) Neutral evaluation oo Neutral evaluation scheduled for (date).
, oe Agreed to complete neutral evaluation by (date):

Neutral evaluation completed on (date):

Judicial arbitration not yet scheduled

(4) Nonbinding judicial Judicial arbitration scheduled for (date):

UOOU;}OUUO;CUOR8;OEOO;O00se|o00o

arbitration Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private oo Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session nat yet scheduled
mo ADR session scheduled for (date).
(6) Other (speafy):
Agreed to complete ADR session by (date):
[ ADR compieted on (date):
CNT (Rev dy #, 2017] Pages of 6

CASE MANAGEMENT STATEMENTCM-

PLAINTIFF/PETITIONER: Robert Ross and Jean Ross CASE NUMBER:
CGC-10-275731 ASBESTOS

DEFENDANT/RESPONDENT: C.C. Moore & Co. Engineers et al

11. Insurance

a. Insurance carrier, if any, for party filing this statement (name): None.
b. Reservation of rights: Yes No
c Coverage issues will significantly affect resolution of this case (explain):

12. Jurisdiction

Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy [¥_] Other (specify): Defendant, Beta Mechanical Contractor, L.P., became defunct in 1969.
Status: The two partners are still around, one is in his eighties, the other in his seventies.

13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: In Re: Asbestos Cases of Brayton*Purcell v. Asbestos Defendants (BP)
(2) Name of court’ San Francisco Superior
(3) Case number: 828684
(4) Status: Pending.

Additional cases are described in Attachment 13a
b. A mation to consolidate coordinate will be filed by (name party):

14, Bifurcation

The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):

15. Other motions

¥_| The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):

16. Discovery
a. The party or parties have completed all discovery.
b. L¥_] The following discovery will be completed by the date specified (describe aif anticipated discovery):
Party Description Date

Defendant, Beta Mechanical Contractors Specially Drafted {nterrogatories 3-31-12
Request for Admissions
Request for Production

c The following discovery issues, including issues regarding the discovery of electronically stored information, are

anticipated (specify):

(M-110 (Rev. July 1, 2074] CASE MANAGEMENT STATEMENT Page 4 of §CM-110

PLAINTIFF/PETITIONER: Robert Ross and Jean Ross ‘CASE NUMBER:

y CGC-10-275731 ASBESTOS
DEFENDANT/RESPONDENT: C.C. Moore & Co. Engineers et al.

17. Economic litigation

a This is @ limited civil case (i.¢., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.

b. This is a limited civi! case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):

18. Other issues

The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):

19. Meet and confer

a. L_] The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):

b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following

(specify):

20. Total number of pages attached (if any): 0

| am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as weil as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.

Date: November 21, 2011,

Bemard T. Cotter per aA A _ Co HER

(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY}

»

(TYPE OR PRINT NAME} (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.

Cw ote uy 3 200 CASE MANAGEMENT STATEMENT Page Sof24

25

San Francisco Superior Court, CGC-10-275731 ASBESTOS
Ross v. C.C. Moore and Additional Asbestos Defendants
PROOF OF ELECTRONIC SERVICE
1am a citizen of the United States. 1 am employed in the County of San Mateo where this
electronic service originates. My business address is 2070 Pioneer Court, San Mateo, CA 94403.
lam over the age of eighteen years and not a party to the within cause.
On the date written below I served the following described document via Lexis Nexis:

CASE MANAGEMENT STATEMENT (of Defendant, Beta Mechanical Contractors, L.P.

to all parties in the above-referenced cause of action.

I declare under penalty of perjury under the laws of the State of California that the above is

@. henge
Andrew Ara

true and correct.

Executed this 22nd day of November, 2011.

PROOF OF SERVICE