On February 19, 2009 a Motion,Ex Parte was filed involving a dispute between Beck, Diane, and Advocate Mined Limited, Albay Construction Company, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, Anderson, Rowe & Buckley, Inc., Asbestos Defendants, Bayer Cropscience Inc., Bayer Cropscience, Inc., Successor To Amchem, Beck, Diane, Bucyrus International, Inc., Cal-Air, Inc., Cbs Corporation, A Delaware Corporation, F K A, Cbs Corporation (Fka Viacom Inc., Fka Westinghouse, C.C. Moore & Co. Engineers, Certainteed Corporation, Consolidated Insulation, Inc., Dean R. Shore Inc., Dean R. Shore, Inc., Dean'S Materials, Inc., Dillingham Construction, N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., D. Zelinsky & Sons, Inc., Engstrum & Nourse, Ex-Fme, Inc. (Fka Fischbach And Moore Electric,, Fdcc California, Inc., Fischbach And Moore, Incorporated, Nka Ex-Fm, Inc., Foster Wheeler Llc, Foster Wheeler Llc (Fka Foster Wheeler, Garlock Sealing Technologies, Llc., General Electric Company, George H. Wilson, Inc., Grinnell Corporation, Grinnell Llc, Harry Lee Plumbing & Heating, Harry Lee Plumbing & Heating, Inc., H & C Investment Associates, Inc., Hewlett Packard Co., Honeywell Internatinal, Inc., Honeywell International Inc.,Fka Alliedsignal,Inc., Howard J. White, Inc., Ingersoll-Rand Company, Insulectro, J.T. Thorpe, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Kirtland Enterprise Group, Inc., Lehigh Hanson, Inc., Macarthur Company, Marine Engineering And Supply Company, Metropolitan Life Insurance Company, Oscar E. Erickson, Inc., Pacific Coast Building Products, Inc., Pacific Gas And Electric Company, Parker Hannifin Corporation, Plant Insulation Company, Quintec Industries, Inc., Rapid-American Corporation, Ray L. Hellwig Mechanical Co. Inc., Ray L. Hellwig Plumbing & Heating, Inc., Ray L. Hellwig Plumbing, Inc., Republic Supply Company, Santa Fe Braun, Inc. As Successor-In-Interest To, Scott Co. Of California, Serpa, Shanrock And Wenks, Shell Oil Company, The Board Of Trustees Of The Leland Stanford, The Jack Dymond Company, Therma Corporation, Thomas Dee Engineering Company, Todd Shipyards Corporation, Union Carbide Corporation, Uniroyal Holding, Inc., Valley Sheet Metal Co., Viacom, Inc.,, Western Macarthur Company, Westinghouse Electrical Corporation, Zurn Industries, Llc, for civil in the District Court of San Francisco County.
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DAVID A, FIRESTONE, #061122 G. RANDY KASTEN, #113158 VOGL MEREDITH BURKE LLP ELECTRONICALLY 456 Montgomery Street, 20th Floor FILED San Francisco, California 94104 . oe (415) 398.0200 Votce eet ef tain (415) 398-2820 Facsimile JAN 30 2013 dfirestone@vmbllp.com tkasten@vmbilp.com Clerk of the Court BY: VANESSA WU Deputy Clerk Attorneys for Defendant PACIFIC COAST BUILDING PRODUCTS, INC. sued herein as DOE #9 SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO (Unlimited Jurisdiction) DIANE BECK, ASBESTOS Plaintiff, No. CGC-09-275080 vs. MOTION IN LIMINE NO. 7 BY PACIFIC COAST BUILDING PRODUCTS, INC. TO PROHIBIT PLAINTIFF FROM INTRODUCING PHYSICAL OR DEMONSTRATIVE EVIDENCE PRIOR TO A RULING BY THE COURT \ASBESTOS DEFENDANTS (B*P), et al., Defendants. eee Trial Date: February 11, 2013 Defendant PACIFIC COAST BUILDING PRODUCTS, INC., sued herein as Doe #9, (“defendant”) moves this Court for an order that plaintiff be prohibited from presenting any demonstrative or other physical evidence in the presence of the jury until the Court has ruled on its admissibility. Furthermore, if the Court’s examination reveals that such evidence is related to matters at issue, but that its probative value does not outweigh its prejudicial effect, it must be excluded. In particular, plaintiff should be prevented from demonstrating the purported dustiness of certain asbestos-containing products, for example by striking asbestos containers, ripping asbestos cloth, breaking or cutting drywall, or sawing or hammering pipe or pipe covering or block. The dust-producing potential of such products is irrelevant as to this defendant and moreover such demonstrations are not scientific, but merely dramatic and prejudicial. 1 MOTION IN LIMINE NO. 7 TO PROHIBIT PLAINTIFF FROM INTRODUCING PHYSICAL OR DEMONSTRATIVE EVIDENCE PRIOR TO A RULING BY THE COURTThe plaintiff should also be prohibited from proffering any physical or demonstrative evidence regarding disease or rejected lung or lung tissue at trial, or photographs or other graphic depictions of such tissue. The minimal probative value, if any, of such an exhibit is outweighed by its highly prejudicial shock effect on the jury. Evidence that is calculated merely to evoke sympathy from the jury should be excluded as prejudicial. Dated: January 30, 2013 VOGL MEREDITH BURKE LLP /s/ David A. Firestone By: DAVID A. FIRESTONE G. RANDY KASTEN Attorneys for Defendant PACIFIC COAST BUILDING PRODUCTS, INC. Sued herein as Doe #9 2 MOTION IN LIMINE NO. 7 TO PROHIBIT PLAINTIFF FROM INTRODUCING PHYSICAL OR DEMONSTRATIVE EVIDENCE PRIOR TO A RULING BY THE COURT