On March 02, 2009 a Motion,Ex Parte was filed involving a dispute between Husband, Charles, and Albay Construction Company, All Asbestos Defendants See Scanned Documents, American Conference Of Governmental Industrial, Asbestos Defendants, Asbestos Manufacturing Company, Auto Friction Corporation, Auto Specialties Manufacturing Company, Bell Asbestos Mines Ltd., Bigge Crane And Rigging Co., Borgwarner Morse Tec, Inc., Brassbestos Brake Lining Company, Bridgestone Firestone North American Tire, Llc, Bucyrus International Inc, Carone Brothers, Inc., Cbs Corporation,, Certainteed Corporation, Chicago Bridge & Iron Company,, Cleaver-Brooks, Inc., Conocophillips Company, Csk Auto, Inc., Daimlerchrysler Corporation, Daimlerchrysler Corporation (And Not The Claims, Dillingham Construction, N.A., Inc., Does 1-8500, Emsco Asbestos Company, Fibre & Metal Products Company, Forcee Manufacturing Corporation, Garlock Sealing Technologies Llc, Gatke Corporation, Georgia-Pacific Corporation, Georgia-Pacific Llc,, Hamilton Materials, Inc, Hanson Permanente Cement, Inc. Fka Kaiser Cement, H. Krasne Manufacturing Company, Honeywell International Inc.,, Ingersoll-Rand Company, J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Lasco Brake Products, Lear Siegler Diversified Holdings Corp., L.J. Miley Company, Maremont Corporation, Marine Engineering And Supply Company, Metropolitan Life Insurance Company, Molded Industrial Friction Corporation, Morton International, Inc., National Transport Supply, Inc., Owens-Illinois, Inc., Pacific Gas And Electric Company, Parker Hannifin Corporation, Plant Insulation Company, Pneumo Abex Llc, Quintec Industries, Inc., Riteset Manufacturing Company, Rossendale-Ruboil Company, Santa Fe Braun, Inc. As Successor-In-Interest To, Shell Oil Company, Silver Line Products, Inc., Southern Friction Materials Company, Standard Motor Products, Inc., Standco, Inc., Stuart-Western, Inc., Temporary Plant Cleaners, Inc., The Budd Company, Thomas Dee Engineering Company, Underwriters Laboratories, Inc., Union Carbide Corporation, Universal Friction Materials Company, U.S. Spring & Bumper Company, Wheeling Brake Block Manufacturing Company, York International Corporation, for civil in the District Court of San Francisco County.
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William M. Hake, Esq. (State Bar No. 110956) Melissa E. Macfarlane, Esq. (State Bar No. 239811) COOLEY MANION JONES HAKE KUROWSKI LLP ELECTRONICALLY 201 Spear Street, 18th Floor San Francisco, CA. 94105 FILED. Tel: (415) 512-4381 Superior Court of California, Fax: (415) 512-6791 County of San Francisco SEP 07 2010 Attomeys for Defendant Clerk of the Court TEMPORARY PLANT CLEANERS, INC. BY: EDNALEEN JAVIER lerk eputy Cle IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO CHARLES HUSBAND, Case No.: CGC-09-275098 Plaintiff, DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S CONDITIONAL NON- v. OPPOSITION TO CO-DEFENDANT HAMILTON MATERIALS, INC.’S MOTION ASBESTOS DEFENDANTS (B*P), TO SEVER CASE FROM BRAYTON GROUP 535 AND CONTINUE TRIAL DATE Dept: September 8, 2010 Time: 9:30 am. Dept.: 220 Judge: The Hon. Harold E. Kahn Trial Date: October 4, 2010 Action Filed: March 2, 2009 Defendants. TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Co-Defendant HAMILTON MATERIALS, INC. requests that the Court sever this case from Brayton Group 535 with a trial date of October 4, 2010, and further requests that the Court continue the trial date. Defendant Temporary Plant Cleaners, Inc. is not opposed to these requests. Should this case be severed from Brayton Group 535, and the trial continued, Defendant Temporary Plant Cleaners, Inc. requests that discovery remain open as to Defendant Hamilton Materials, Inc., only. Defendant Temporary Plant Cleaners, Inc. objects to discovery remaining open as to all parties. All parties have actively participated in discovery, and Defendant 1 DEFENDANT TEMPORARY PLANT CLEANERS, INC."S CONDITIONAL NON-OPPOSITION TO CO-DEFENDANT’S MOTION TO SEVER CASE FROM BRAYTON GROUP 535, AND CONTINUED TRIAL DATETemporary Plant Cleaners, Inc. would be prejudiced by the re-opening of discovery. DATED: September 7, 2010 COOLEY MANION JONES HAKE KUROWSKI LLP lissa E. Macfarlane Attorneys for Defendant TEMPORARY PLANT CLEANERS, INC. 2 DEFENDANT TEMPORARY PLANT CLEANERS, INC,’S CONDITIONAL NON-OPPOSITION TO CO-DEFENDANT’S MOTION TO SEVER CASE FROM BRAYTON GROUP 535, AND CONTINUED TRIAL DATEDo em YN DHA WF YW NY & Rw oM NN RN NR NY Ne Be Be Be Be ee ee ee eo 32 AF A 8 BHR SF SF CHA AH RB WKH KEK Ss PROOF OF SERVICE BY ELECTRONIC TRANSMITTAL I, the below undersigned, am a citizen of the United States and employed in San Francisco, California. 1 am over the age of eighteen years and not a party to the within-entitled action. My business address is 201 Spear Street, Suite 1800, San Francisco, CA 94105. On September 7, 2010, I electronically filed and served via Lexis/Nexis File and Serve the following document on all parties as set forth in the accompanying transaction report: DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S CONDITIONAL NON- OPPOSITION TO DEFENDANT HAMILTON MATERIALS, INC.’S MOTION TO SEVER CASE FROM BRAYTON GROUP 535 AND CONTINUE TRIAL DATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on September 7, 2010, at San Francisco California. Za Od LAUREN B. McRAY 3 DEFENDANT TEMPORARY PLANT CLEANERS, INC.’S CONDITIONAL NON-OPPOSITION TO CO-DEFENDANT’S MOTION TO SEVER CASE FROM BRAYTON GROUP 535, AND CONTINUED TRIAL DATE.