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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28 ‘Walsworth, Frankia, Bevins & ‘McCall, LEP ATrORNEYSATLAS INGRID K. CAMPAGNE, State Bar No. 162164 ichampagne@wfbm.com IAN P. DILLON, State Bar No. 203612 ELECTRONICALLY idillon@wfbm.com DAVID J. KESTENBAUM, State Bar No. 253749 FILED dkestenbaum@wfbm.com Superior Court of California, WALSWORTH, FRANKLIN, BEVINS & McCALL, LLP County of San Francisco 601 Montgomery Street, Ninth Floor AUG 27 2010 San Francisco, California 94111-2612 Clerk of the Court Telephone: (415) 781-7072 BY: VANESSA WU Facsimile: (415) 391-6258 Deputy Clerk Attomeys for Defendants HAMILTON MATERIALS, INC. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO CHARLES HUSBAND, Case No. CGC-09-275098 Plaintiff, Hon: Harold E. Kahn Dept: 220 vs. Date: August 31, 2010 Time: 11:00 a.m. ASBESTOS DEFENDANTS, et al., DEFENDANT HAMILTON Defendants. MATERIALS, INC.'S NOTICE OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO VACATE THE TRIAL DATE Complaint Filed: March 2, 2009 Trial Date: October 4, 2010 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD HEREIN: HAMILTON MATERIALS, INC. (“Hamilton”) hereby apply ex parte for an order allowing it motion to vacate the trial date in the above-captioned case to be heard on shortened time. HAMILTON will appear ex parte in Department 220 of San Francisco Superior Court on Tuesday, August 31, 2010 at 11:00 am for a hearing on its ex parte application for an order shortening time to hear a motion to vacate the trial date in the above referenced matter. This application is made on the grounds that without vacating or continuing the trial date in -1- DEFENDANT HAMILTON MATERIALS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO CONTINUE THE TRIAL DATE 1012138.1 1155-5.2770eo em IN DH HW PB WY Re N N NN ND Rw a et IAA FB YH HD |= Bw we IR HH BF BW NH KF TS 28 Walsworth, Franklin, Bovins & ‘McCall, LLP ArroRNEYSAY LAW this matter Hamilton will be severely prejudiced at trial as Hamilton has not had an opportunity to conduct discovery in this matter. Plaintiff Charles Husband (“plaintiff”) filed this personal injury lawsuit on March 2, 2009. The Court entered an order allowing plaintiff to amend his complaint on July 22, 2010 to include Hamilton as an additional defendant. Hamilton was served with a Summons and Complaint in this matter on August 12, 2010. This matter is set for trial on October 4, 2010. This application is based on this notice, the memorandum of points and authorities in support thereof, and the Declaration of David J. Kestenbaum in support thereof. Dated: August Qo 2010 WALS WORTH, FRANKLIN, BEVINS & McCALL, LLP By: INGRID K. CAMPAGNE IAN P. DILLON DAVID J. KESTENBAUM Attorneys for Defendants HAMILTON MATERIALS, INC. -2- DEFENDANT HAMILTON MATERIALS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO CONTINUE THE TRIAL DATE 1012138.1 1155-52770Oo Oe YN DAH BRB WN Rw YN YW NNN DO eR a a a ae SI DH HD F&F BW N —-| SD HO 6 DQ DH FF BW NH & SD 28 Walsworth, Franklin, Bevins & McCall, LLP ATTORNEYS ATLA PROOF OF SERVICE lam employed in the County of San Francisco, State of California. I am over the age of 18 and not a party to the within action. My business address is 601 Montgomery Street, Ninth Floor, San Francisco, California 94111-2612. On August 2]. 2010, I served the within document(s) described as: DEFENDANT HAMILTON MATERIALS, INC.'S NOTICE OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO VACATE THE TRIAL DATE MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT HAMILTON MATERIALS, INC.'S NOTICE OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO VACATE THE TRIAL DATE DECLARATION OF JORDAN B. EVERAKES IN SUPPORT OF DEFENDANT HAMILTON MATERIALS, INC.'S NOTICE OF EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO VACATE THE TRIAL DATE PROPOSED] ORDER GRANTING DEFENDANT HAMILTON MATERIALS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO VACATE THE TRIAL DATE on the interested parties in this action as stated below: Brayton Purcell 222 Rush Landing Road P.O. Box 2109 Novato CA 94948 All defense counsel per the service list on the LexisNexis websites [x] (BY ELECTRONIC FILING/SERVICE) I provided the document(s) listed above electronically to the LexisNexis File & Serve Website to the parties on the Service List maintained on the LexisNexis File & Serve Website for this case. If the document is provided to LexisNexis electronically by 5:00 p.m., then the document will be deemed served on the date that it was provided to LexisNexis. A copy of the “LexisNexis File & Serve Filing Receipt" page will be maintained with the original document(s) in our office. Executed on August 2 / , 2010, at San Francisco, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 2 Cheryl Liew (Type or print name) (Signature) ~~ -3- DEFENDANT HAMILTON MATERIALS, INC.'S EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME TO HEAR A MOTION TO CONTINUE THE TRIAL DATE 10121381 1155-5.2770