Proof of Service: JOYCE JUELCH, ET AL VS. ASBESTOS DEFENDANTS (B/P)AS REFLECTED ON EXHIBITS et al

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                                1 | LISAL, OBERG (BAR NO. 120139)
DANIEL B. HOYE (BAR NO. 139683)
2 | ALECIA E. COTTON (BAR NO. 252777)
| MCKENNA LONG & ALDRIDGE LLP ELECTRONICALLY
3 | 101 California Street FILED
lst Floor Superior Court of California,
4 | San Francisco, CA 94111 County of San Francisco
Telephone: (415) 267-4000 32010
5S | Facsimile: (415) 267-4198 APR 113. Court
BY: CHRISTLE ARRIOLA
6 | Attorneys for Defendant Deputy Clerk
METALCLAD INSULATION CORPORATION
|
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
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11 § JOYCE JUELCH and Case No. CGC-09-275212
| NORMAN JUELCH, SR.,
12 PROOF OF SERVICE VIA LEXISNEXIS
3 FILE & SERVE
1
| Plaintiffs, TRIAL Date: Aprit 5, 2010
14 Dept.: 604
v. JUDGE: HONORABLE MARLA J. MILLER
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ASBESTOS DEFENDANTS, (BP), et al,
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Defendants.
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MCKENNA LONG &
Fompsartaw fl ~
ae Tranetwee PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE

SF.27420254.1OO TS DH HW B&B Ww

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28

McKenna LONG &
ALDRIDGE LLP
ATTORNEYS AT LAW
SAN FRANCISCO

described as:

PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE

address is 101 California Street, 41" Floor, San Francisco, California 94111.

INDEX OF MOTIONS IN LIMINE FOR DEFENDANT
METALCLAD INSULATION CORPORATION

DEFENDANT’S JOINDER IN MOTIONS IN LIMINE AND
OPPOSITIONS TO MOTIONS IN LIMINE FILED BY ALL
OTHER DEFENDANTS HEREIN [MIL 1]

DEFENDANT’S MOTION IN LIMINE FOR PROTECTIVE
ORDER RE ITS FINANCIAL CONDITION [MIL 2]

DEFENDANT’S MOTION IN LIMINE FOR PRE-
DISCLOSURE OF LIVE WITNESSES, WITNESS
TRANSCRIPTS AND DOCUMENTS PRIOR TO
PRESENTATION AT TRIAL [MIL 3]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
DOCUMENTS AND WITNESSES NOT DISCLOSED
DURING DISCOVERY [MIL 4]

DEFENDANT’S MOTION IN LEMINE CONCERNING
PUBLICATION OF EXHIBITS TO THE JURY [MIL 5]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
EVIDENCE OF “CONCERT OF ACTION” AMONG
DEFENDANTS [MIL 6]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
PERSONAL OPINIONS AND BELIEFS OF COUNSEL [MIL
q

DEFENDANT’S MOTION IN LIMINE TO LIMIT
DAMAGES FOR MEDICAL EXPENSES TO THOSE
ACTUALLY INCURRED UNDER HANIF AND
NISHIHAMA [MIL 8]

DEFENDANT’S OPPOSITION TO PLAINTIFFS’ MOTION
IN LIMINE TO PRECLUDE EXAMINATION OF EXPERT
WITNESSES REGARDING PROXIMATE CAUSE [MIL 9]

Tam a citizen of the United States and employed in San Francisco County, California. I

am over the age of eighteen years and not a party to the within-entitled action. My business

On April 13, 2010, I electronically served the document(s) via LexisNexis File & Serve

PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE

$¥:27420234.1SO CO SN BR Ne

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MCKENNA LONG & i
ALDRipGe LLP
ATTORNEYS AT Law
SAN FRANCISCO

DEFENDANT’S MOTION IN LIMINE TO DISCLOSE
AMOUNTS, SOURCES AND DATES OF ALL PREVIOUS
SETTLEMENTS [MIL 10]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
COMMON REFERENCE TO COMPANIES OR
DEFENDANTS AS “THE INDUSTRY” OR “THE
ASBESTOS INDUSTRY” [MIL 11}

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
EVIDENCE OF SIMILAR PENDING ACTIONS AND THE
ADMISSIBILITY OF EVIDENCE OF OTHER “ASBESTOS”
LAWSUITS AND VERDICTS [MIL 12]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
MENTION OR EVIDENCE OF DEFENDANT’S.
INSURANCE COVERAGE [MIL 13}

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
MENTION OR EVIDENCE CONCERNING BANKRUPTCY
OF ENTITY IN ASBESTOS STREAM OF COMMERCE
[MIL 14]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
MENTION OR REFERENCE CONCERNING ABSENCE OF
CORPORATE REPRESENTATIVE AT TRIAL [MIL 15]

DEFENDANT’S OPPOSITION TO PLAINTIFF’S MOTION
IN LIMINE TO PRECLUDE ALL REFERENCE AND
TESTIMONY REGARDING OSTENSIBLE
“BACKGROUND” OR “AMBIENT” EXPOSURE TO
ASBESTOS [MIL 16]

DEFENDANT’S MOTION IN LIMINE TO PRECLUDE LAY
OPINION ON WHETHER PRODUCTS RELEASED
ASBESTOS FIBERS [MIL 17]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
MEDICAL CASE REPORTS [MIL 18]

DEFENDANT'S MOTION IN LIMINE TO EXCLUDE
DOCUMENTS DATED AFTER PLAINTIFF JOYCE
JUELCH’S LAST ALLEGED EXPOSURE TO ASBESTOS
[MIL 19}

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF CAROL MCDONALD OR, IN THE
ALTERNATIVE, FOR A HEARING UNDER EVIDENCE
CODE §402 [MIL 20]

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF CAROL MCDONALD OR, IN THE
ALTERNATIVE, FOR A HEARING UNDER EVIDENCE
CODE §402 [MIL 20]

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PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE
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MCKENNA LONE &
ALvRIDGE LLP
ATTORNEYS AT LAW
SAN FRANCISCO

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF PLAINTIFFS’ EXPERTS’ GENERIC
TESTIMONY [MIL 22]

DEFENDANT’S MOTION IN LIMINE TO PRECLUDE
MISUSE OF THE “SUBSTANTIAL FACTOR” STANDARD
OF CAUSATION [MEL 23]

DEFENDANT’S MOTION IN LIMINE FOR AN ORDER
REQUIRING PLAINTIFFS TO PRODUCE THEIR
RESPONSES TO CO-DEFENDANTS’ WRITTEN
DISCOVERY REQUESTS AND THEIR OPPOSITIONS TO
CO-DEFENDANTS’ SUMMARY JUDGMENT AND OTHER
MOTIONS [MIL 24]

DEFENDANT’S TRIAL BRIEF IN SUPPORT OF SPECIAL
JURY INSTRUCTION ON SHARE OF DAMAGES [MIL 25]

DECLARATION OF ALECIA E, COTTON IN SUPPORT OF
DEFENDANT’S TRIAL BRIEF IN SUPPORT OF SPECIAL
JURY INSTRUCTION ON SHARE OF DAMAGES [MIL 25]

DEFENDANT’S MOTION IN LIMEINE TO PRECLUDE
PLAINTIFFS’ EXPERT WITNESSES FROM DISCLOSING
HEARSAY OPINIONS OF OTHERS DURING DIRECT
EXAMINATION [MIL 26]

DEFENDANTS MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF CHARLES AY [MIL 27]

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF
DEFENDANTS MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF CHARLES AY [MIL 27]

DEFENDANT’S TRIAL BRIEF REGARDING THE
ADMISSIBILITY OF EVIDENCE RELATED TO THE
SOPHISTICATED USER DOCTRINE AND THE
INCLUDED SOPHISTICATED INTERMEDIARY
DOCTRINE [MIL 28]

DECLARATION OF ALECIA E, COTTON IN SUPPORT OF
DEFENDANT’S TRIAL BRIEF REGARDING THE
ADMISSIBILITY OF EVIDENCE RELATED TO THE
SOPHISTICATED USER DOCTRINE AND THE
INCLUDED SOPHISTICATED INTERMEDIARY
DOCTRINE [MIL 28]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF, VIDEOTAPES PRODUCED BY, AND
EXPERIMENTS CONDUCTED BY PLAINTIFFS’
EXPERTS, WILLIAM LONGO, RICHARD HATFIELD
AND JOHN TEMPLIN [MEL 29]

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE

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PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE

SE27420254.128

MCKENNA LONG &
AvoRrioce LLP
AVTORNEYS AT Law
SAN ERANCISCO:

TESTIMONY OF, VIDEOTAPES PRODUCED BY, AND
EXPERIMENTS CONDUCTED BY PLAINTIFFS’
EXPERTS, WILLIAM LONGO, RICHARD HATFIELD
AND JOHN TEMPLIN [MIL 29]

DEFENDANT’S MOTION IN LIMINE REGARDING JURY
INSTRUCTION ON APPORTIONMENT OF DAMAGES
BETWEEN CIGARETTE SMOKING AND ASBESTOS
EXPOSURE [MIL 30]

COMPENDIUM OF OUT-OF-STATE AUTHORITIES IN
SUPPORT OF DEFENDANT’S MOTION IN LIMINE
REGARDING JURY INSTRUCTION ON
APPORTIONMENT OF DAMAGES BETWEEN
CIGARETTE SMOKING AND ASBESTOS EXPOSURE
[MIL 30]

DEFENDANT’S MOTION EN LIMINE TO EXCLUDE
EVIDENCE AND ARGUMENT RELATING TO POST-
SALE, OR “CONTINUING,” DUTY TO WARN AND POST-
SALE CONDUCT OR KNOWLEDGE [MIL 31]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF PLAINTIFFS’ EXPERT KENNETH
COHEN [MIL 32]

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF PLAINTIFFS’ EXPERT KENNETH
COHEN [MIL 32]

DEFENDANT’S MOTION IN LIMINE ON ADMISSIBILITY
OF STATE OF THE ART EVIDENCE [MIL 33]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
TESTIMONY OF EVIDENCE THAT A SINGLE FIBER OF
ASBESTOS CAN CAUSE OR INCREASE THE RISK OF
ASBESTOS-RELATED DISEASES [MIL 34]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF PLAINTIFFS’ EXPERT DR. RICHARD
COHEN {MIL 35]

DECLARATION OF ALECIA E. COTTON IN SUPPORT OF
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE THE
TESTIMONY OF PLAINTIFFS’ EXPERT DR. RICHARD
COHEN [MIL 35]

COMPENDIUM OF OUT-OF-STATE AUTHORITIES IN
SUPPORT OF DEFENDANT’S MOTION IN LIMINE TO
EXCLUDE THE TESTIMONY OF PLAINTIFFS’ EXPERT
DR. RICHARD COHEN [MIL 35]

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PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE

SF:274202354.1DEFENDANT METALCLAD INSULATION
CORPORATION’S MOTIONS IN LIMINE TO STRIKE
PLAINTIFFS’ STRICT LIABILITY CAUSE [MIL 37]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
EVIDENCE OF PLAINTIFF JOYCE JUELCH’S
EXPOSURES AS A RESULT OF HER OWN
EMPLOYMENT [MIL 38]

DEFENDANT’S MOTION IN LIMINE TO EXCLUDE

| REFERENCE TO MEDICAL RECORDS REVIEWED BY
PLAINTIFFS’ EXPERT DR. RICHARD LUROS AFTER

THE CONCLUSION OF HIS DEPOSITION AND HIS

Mil 35] 9, 2010 EXPERT REPORT BASED THEREON

[MIL 39)

| DECLARATION OF ALECIA E. COTTON IN SUPPORT OF
DEFENDANT’S MOTION IN LIMINE TO EXCLUDE
REFERENCE TO MEDICAL RECORDS REVIEWED BY
PLAINTIFFS’ EXPERT DR. RICHARD LUROS AFTER

11 THE CONCLUSION OF HIS DEPOSITION AND HIS
MARCH 9, 2010 EXPERT REPORT BASED THEREON

12 [MIL 39]

13 | on the recipients designated on the Transaction Receipt located on the LexisNexis File & Serve

SO ew Y DH BRB HN

14 | website. I declare under penalty of perjury pursuant to the laws of the State of California that the

15 | foregoing is true and correct and was executed on April 13, 2010, at San Francisco, California.

28 |

MCKENNA LONG &
ALDRIDGE LLP -5- a

ATTORNEYS AT Law PROOF OF SERVICE VIA LEXISNEXIS FILE & SERVE
SAN Francisco

SF:27420254.1