Motion for Trial Preference in ROCCO FIORE SR VS. CERTAINTEED CORPORATION ET AL| Trellis.Law

On August 31, 2018 a Order was filed involving a dispute between Fiore Sr, Rocco, and Bell Industries, Inc., Certainteed Corporation, Does 1 To 800, Inclusive, Familian Corp, Familian Corporation, Grinell Llc, Grinnell Llc, Hamilton Supply Co. Inc., Hd Supply Plumbing Hvac, Ltd., Hd Supply Plumbing Hvac, Ltd., As, Kaiser Gypsum Company, Inc., Metropolitan Life Insurance Company, Parex Usa, Inc., William Lyon Homes, Inc., Fiore Sr, Rocco, for ASBESTOS in the District Court of San Francisco County.

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1 LEWIS BRISBOIS BISGAARD & SMITH LLP
FLORENCE A. McCLAIN, SB# 203300
2 E-Mail: Florence.McClain@lewisbrisbois.com ELECTRONICALLY
GINA A. HARAN, SB# 225586
3 E-Mail: Gina.Haran@lewisbrisbois.com F I L E D
Superior Court of California,
333 Bush Street, Suite 1100 County of San Francisco
4 San Francisco, California 94104-2872
Telephone: 415.362.2580 06/19/2020
Clerk of the Court
5 Facsimile: 415.434.0882 BY: RONNIE OTERO
Deputy Clerk
6 Attorneys for Defendants
HD SUPPLY PLUMBING/HVAC, LTD., as successor-in-interest to TODD PIPE & SUPPLY –
7 HAWTHORNE, INC. and TRAVELERS CASUALTY AND
SURETY COMPANY f/k/a THE AETNA
8 CASUALTY AND SURETY COMPANY,
9 UTICA MUTUAL INSURANCE COMPANY,
HARTFORD ACCIDENT AND INDEMNITY
10 COMPANY, ROYAL INDEMNITY COMPANY,
Successor In Interest to ROYAL GLOBE
11 INSURANCE COMPANY OF AMERICA,
now known as ARROWOOD INDEMNITY
12 COMPANY and LIBERTY MUTUAL
13 INSURANCE COMPANY
on behalf of their suspended insured, Defendant
14 HAMILTON SUPPLY CO., INC

15
SUPERIOR COURT OF THE STATE OF CALIFORNIA
16
COUNTY OF SAN FRANCISCO
17
ROCCO FIORE, SR., CASE NO. CGC-18-276722
18
Plaintiff, DECLARATION OF GINA A. HARAN IN
19 SUPPORT OF HD SUPPLY
vs. PLUMBING/HVAC, LTD., as successor-in-
20 interest to TODD PIPE & SUPPLY –
CERTAINTEED CORPORATION, et al.,
21 HAWTHORNE, INC. AND TRAVELERS
Defendants. CASUALTY AND SURETY COMPANY
22 f/k/a THE AETNA CASUALTY AND
SURETY COMPANY, UTICA MUTUAL
23 INSURANCE COMPANY, HARTFORD
ACCIDENT AND INDEMNITY
24 COMPANY, ROYAL INDEMNITY
25 COMPANY, Successor In Interest to
ROYAL GLOBE INSURANCE
26 COMPANY OF AMERICA, now known as
ARROWOOD INDEMNITY COMPANY
27 and LIBERTY MUTUAL INSURANCE
COMPANY on behalf of their suspended
28
LEWIS
BRISBOIS 4823-9095-0592.1 1
BISGAARD DECLARATION OF GINA A. HARAN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
& SMITH LLP
ATTORNEYS AT LAW MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL
1 insured, Defendant HAMILTON SUPPLY
CO., INC.’S OPPOSITION TO
2 PLAINTIFF’S MOTION FOR ORDER
GRANTING PREFERENCE IN SETTING
3
CASE FOR TRIAL
4

5 Date: July 2, 2020
Time: 9:30 a.m.
6 Dept.: 503
Judge: Hon. Cynthia Ming-mei Lee
7 Trial Date: January 4, 2021

9 I, Gina A. Haran, declare as follows:

10 1. I am an attorney duly admitted to practice in all of the courts of the State of California

11 and I am an associate with Lewis Brisbois Bisgaard & Smith LLP, attorneys of record for Defendants

12 HD SUPPLY PLUMBING/HVAC, LTD., as successor-in-interest to TODD PIPE & SUPPLY –

13 HAWTHORNE, INC. and TRAVELERS CASUALTY AND SURETY COMPANY f/k/a THE

14 AETNA CASUALTY AND SURETY COMPANY, UTICA MUTUAL INSURANCE COMPANY,

15 HARTFORD ACCIDENT AND INDEMNITY COMPANY, ROYAL INDEMNITY COMPANY,

16 Successor In Interest to ROYAL GLOBE INSURANCE COMPANY OF AMERICA, now known as

17 ARROWOOD INDEMNITY COMPANY and LIBERTY MUTUAL INSURANCE COMPANY on

18 behalf of their suspended insured, Defendant HAMILTON SUPPLY CO., INC. (“Defendants”)

19 herein.

20 2. The facts set forth herein are of my own personal knowledge, and if sworn I could and

21 would competently testify thereto. I make this Declaration in support of the Defendant’s Opposition

22 to Plaintiff’s Motion For Order Granting Preference in Setting Case for Trial.

23 3. Attached hereto as Exhibit A is a true and correct copy of Plaintiff’s Responses to

24 Standard Asbestos Interrogatories served in this matter on November 1, 2018. The responses indicate

25 that Mr. Fiore was diagnosed with asbestosis and asbestos related pleural disease on or around

26 December 2017.

28
LEWIS
BRISBOIS 4823-9095-0592.1 2
BISGAARD DECLARATION OF GINA A. HARAN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
& SMITH LLP
ATTORNEYS AT LAW MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL
1 I declare under penalty of perjury under the laws of the State of California that the foregoing is

2 true and correct and that this declaration was executed on June 19, 2020, at San Francisco, California.

5
Gina A. Haran
6

9
10

19
20

28
LEWIS
BRISBOIS 4823-9095-0592.1 3
BISGAARD DECLARATION OF GINA A. HARAN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
& SMITH LLP
ATTORNEYS AT LAW MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL
1 CALIFORNIA STATE COURT PROOF OF SERVICE

2 Rocco Fiore, Sr. v. Certainteed Corporation, et al.
San Francisco Superior Court Case No. CGC-18-276722
3
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
4
At the time of service, I was over 18 years of age and not a party to the action. My business
5 address is 333 Bush Street, Suite 1100, San Francisco, CA 94104-2872.

6 On June 19, 2020, I served the following document(s): DECLARATION OF GINA A.
HARAN IN SUPPORT OF HD SUPPLY PLUMBING/HVAC, LTD., as successor-in-interest to
7 TODD PIPE & SUPPLY – HAWTHORNE, INC. AND TRAVELERS CASUALTY AND
SURETY COMPANY f/k/a THE AETNA CASUALTY AND SURETY COMPANY, UTICA
8 MUTUAL INSURANCE COMPANY, HARTFORD ACCIDENT AND INDEMNITY
COMPANY, ROYAL INDEMNITY COMPANY, Successor In Interest to ROYAL GLOBE
9 INSURANCE COMPANY OF AMERICA, now known as ARROWOOD INDEMNITY
COMPANY and LIBERTY MUTUAL INSURANCE COMPANY on behalf of their suspended
10 insured, Defendant HAMILTON SUPPLY CO., INC.’S OPPOSITION TO PLAINTIFF’S
MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL
11
I served the documents on the following persons at the following addresses (including fax
12 numbers and e-mail addresses, if applicable):

13 BRAYTON PURCELL LLP Counsel for Plaintiff
David Donadio, Esq.
14 Janine Fiel-Cosse, Esq.
15 222 Rush Landing Road
P.O. Box 6169
16 Novato, CA 94948
Tel: (415) 898-1555 / Fax: (415) 898-1247
17

18 The documents were served by the following means:
19  (BY ELECTRONIC SERVICE VIA FILE & SERVEXPRESS) Based on a court order, I
caused the above-entitled document(s) to be served through File & ServeXpress at
20 https://secure.fileandservexpress.com addressed to all parties appearing on the electronic
service list for the above-entitled case. The service transmission was reported as complete and
21 a copy of the File & ServeXpress Filing Receipt Page/Confirmation will be filed, deposited, or
maintained with the original document(s) in this office.
22
I declare under penalty of perjury under the laws of the State of California that the foregoing is
23 true and correct.
24 Executed on June 19, 2020, at San Francisco, California.
25

26
Juvily P. Catig
27

28
LEWIS
BRISBOIS 4823-9095-0592.1 4
BISGAARD DECLARATION OF GINA A. HARAN IN SUPPORT OF DEFENDANTS’ OPPOSITION TO PLAINTIFF’S
& SMITH LLP
ATTORNEYS AT LAW MOTION FOR ORDER GRANTING PREFERENCE IN SETTING CASE FOR TRIAL
EXHIBIT A
62620146
Nov 01 2018
12:54PM

1 ALAN R. BRAYTON, ESQ., S.B. #73685
ANDREW CHEW, ESQ., S.B. #225679
2 achew@braytonlaw.com
BRAYTON˜PURCELL LLP
3 Attorneys at Law
222 Rush Landing Road
4 P.O. Box 6169
Novato, California 94948
5 (415) 898-1555
6 Attorneys for Plaintiff
7
8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SAN FRANCISCO
10
11 ROCCO FIORE, SR., ) ASBESTOS
) No. CGC-18-276722
12 Plaintiff, )
)
NOVATO, CALIFORNIA 94948-6169
BRAYTON˜PURCELL LLP

13 vs. ) ANSWERS TO INTERROGATORIES
222 RUSH LANDING ROAD

)
ATTORNEYS AT LAW

14 CERTAINTEED CORPORATION, et al., )
(415) 898-1555
P O BOX 6169

)
15 Defendants. )
16 PROPOUNDING PARTY: STANDARD ASBESTOS CASE INTERROGATORIES
17 RESPONDING PARTY: Plaintiff ROCCO LUIGI FIORE, SR.
18 SET NO: ONE - PERSONAL INJURY
19 INTERROGATORY NO. 1: Please state YOUR:
20 a. Full name including first, middle and last names;
21 b. Date of birth;
22 c. Age;
23 d. Place of birth;
24 e. Address;
25 f. Height; and weight;
26 g. Social Security Number;
27 h. Kaiser Number;
28 I. Government Serial Number;

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1 j. Military Serial Number;
2 k. Driver's License Number and State;
3 l. All of the names by which YOU have been known;
4 m. Highest grade level completed;
5 n. Spouse's name;
6 o. Spouse’s date of birth;
7 p. Date of current marriage;
8 q. Spouse's current address;
9 r. Spouse's occupation/employer;
10 s. Name(s) of any former spouse(s);
11 t. Date(s) of any former marriage(s);
12 u. Place, date and circumstances under which any marriage(s) was (were) dissolved
13 or terminated.
14 RESPONSE TO INTERROGATORY NO. 1:
15 a. ROCCO LUIGI FIORE, SR.
16 b. July 24, 1938.
17 c. 80.
18 d. Southgate, California.
19 e. 48710 Hepburn Drive, Indio, California 92201.
20 f. 5' 6"; 200 pounds.
21 g. xxxxx9828.
22 h. None.
23 i. Plaintiff currently does not recall.
24 j. 466 40 16.
25 k. California, F0392938.
26 l. Lou, Louie.
27 m. 12th grade.
28 n. Marie Elena Fiore.

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1 o. June 21, 1941.
2 p. June 4, 1960.
3 q. Same as 1.e., above.
4 r. Retired florist.
5 s. None.
6 t. Not applicable.
7 u. Not applicable.
8
9 INTERROGATORY NO. 2: For each child (either natural or adopted) of any marriage, state:
10 a. Name;
11 b. Date of birth;
12 c. Whether natural or adopted;
13 d. Address;
14 e. Occupation; and
15 f. Whether the child is living or dead.
16 RESPONSE TO INTERROGATORY NO. 2:
17 a. Jami Marie Ulrich
18 b. March 8, 1961.
19 c. Natural.
20 d. 429 Omaopio Road, Kula, HI 96790
21 e. Business woman.
22 f. Living.
23
24 a. Michele Martin Fiore.
25 b. January 30, 1963.
26 c. Natural.
27 d. 39875 Thomas Road, Hemet, CA 92545
28 e. Plumber.

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1 f. Living.
2
3 a. Rocco Luigi Fiore, II.
4 b. April 28, 1964.
5 c. Natural.
6 d. 388 East Rustic, Santa Monica, CA 90402
7 e. CEO.
8 f. Living.
9
10 a. Rome Christian Fiore
11 b. November 26, 1971.
12 c. Natural.
13 d. 24476 North Derting Road, Hayden, ID 83833
14 e. Quality Control Production Manager.
15 f. Living.
16
17 INTERROGATORY NO. 3: Are either of YOUR natural parents alive? If YOUR answer is
18 "yes", please state:
19 a. Name of parent;
20 b. Current age;
21 c. Any history of cancer or respiratory disease;
22 d. Occupation.
23 RESPONSE TO INTERROGATORY NO. 3: No.
24 a.-d. Not applicable.
25
26 INTERROGATORY NO. 4: For each of YOUR blood relatives (for example: parent,
27 grandparent, sibling, child, aunt, uncle) whom YOU believe died of either a malignancy (cancer)
28 or pulmonary (lung) disease other than pneumonia, please state, separately for each person:

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1 a. Full name (relative);
2 b. Blood relation to YOU (for example: parent, grandparent, sibling, aunt);
3 c. Age at death;
4 d. Date of death;
5 e. City, county, state where person died;
6 f The cause of death, as specifically described as possible;
7 g Either (1) attach all DOCUMENTS evidencing the information sought in this
8 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
9 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
10 may be made the subject of a request for production of documents.
11 RESPONSE TO INTERROGATORY NO. 4: No.
12 a.-g. Not applicable.
13
14 INTERROGATORY NO. 5: State as completely as possible the address of each of YOUR
15 residences during his/her lifetime and the inclusive dates of each period of such residence.
16 RESPONSE TO INTERROGATORY NO. 5: Plaintiff can currently recall the following
17 addresses:
18 2002 - Current: 48710 Hepburn Drive, Indio, California 92201.
19 1996 - 2002: 1501 Brea Boulevard, Fullerton, California 92835.
20 1977 - 1996: 212 Capistrano Circle, Fullerton, California 92835.
21 1971 - 1977: 1301 Valencia Mesa, Fullerton, California 92833.
22
23 INTERROGATORY NO. 6: State YOUR educational background and identify all institutions
24 attended, including any apprenticeship courses, or formal on-the-job training and identify all
25 institutions attended, the date graduated from each institution, and YOUR major course of study
26 and any special scholastic honors or degrees received.
27 RESPONSE TO INTERROGATORY NO. 6: Plaintiff graduated from high school.
28 ///

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1 INTERROGATORY NO. 7: State the earliest date that service of the summons and complaint
2 was effected on any defendant in this case.
3 RESPONSE TO INTERROGATORY NO. 7: The first date of service of the summons and
4 complaint was September 10, 2018.
5
6 INTERROGATORY NO. 8: Have YOU ever been convicted of a felony? If "yes", please state
7 fully and in detail the date, place and nature of each such felony conviction and who was
8 convicted. Either (1) attach all DOCUMENTS evidencing the information sought in this
9 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
10 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
11 may be made the subject of a request for production of documents.
12 RESPONSE TO INTERROGATORY NO. 8: No.
13
14 INTERROGATORY NO. 9: Have YOU ever been a member of the Armed Forces? If "yes",
15 please state: each branch of service which YOU served; the inclusive dates of YOUR service;
16 the date of YOUR discharge from active duty; YOUR service number; each place (e.g., fort,
17 base, station, etc.) at which YOU served; and YOUR duties at each place. If YOU have not ever
18 been a member of the Armed Forces due to health reasons, please state the health reason why.
19 RESPONSE TO INTERROGATORY NO. 9: Plaintiff served in the United States Navy from
20 1955 to 1963. Plaintiff refers to Response to Interrogatory No. 26, below.
21
22 INTERROGATORY NO. 10: For every doctor who has ever treated or examined YOU during
23 the last ten (10) years for any condition, and beyond ten (10) years for cancer and/or conditions
24 related to the lungs, respiratory system, and/or ribs and any additional complaints or conditions
25 stated in response to Interrogatory No. 16, please state for each treatment or examination:
26 a. Doctor's name;
27 b. Doctor's address;
28 c. Treatment or examination received;

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1 d. Date(s) of treatment or examination;
2 e. Reason for treatment or examination;
3 f. Either (1) attach all DOCUMENTS evidencing the information sought in this
4 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
5 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
6 may be made the subject of a request for production of documents.
7 RESPONSE TO INTERROGATORY NO. 10: Excluding plaintiff's expert consultants, plaintiff
8 is able to identify the following doctors:
9 a. Dr. Hyun M Cho, MD.
10 b. 41990 Cook Street, Suite 1001, Palm Desert, California 92211.
11 c. General health maintenance.
12 d. 2010 to present.
13 e. Primary health care.
14 f. Plaintiff identifies medical records. Plaintiff has provided authorizations for the
15 release of medical records to Spanos Przetak. Defendants may obtain copies of records through
16 Spanos Przetak.
17
18 a. Dr. Renuka Kumar, MD.
19 b. 41990 Cook Street, #1004, Suite F, Palm Desert, California 92211.
20 c. Physical.
21 d. Yearly, from approximately 2013 to present.
22 e. VA benefits requirement.
23 f. Plaintiff identifies medical records. Plaintiff has provided authorizations for the
24 release of medical records to Spanos Przetak. Defendants may obtain copies of records through
25 Spanos Przetak.
26
27 INTERROGATORY NO. 11: For every hospital in which YOU have ever been treated, tested,
28 or examined whether as an "in-patient" or as an "out-patient" during the last ten (10) years for

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1 any condition and beyond ten (10) years for cancer and/or conditions related to the lungs,
2 respiratory system, and/or ribs and any additional complaints or conditions stated in Response to
3 Interrogatory No. 16, please state for each hospital visit:
4 a. Name of hospital;
5 b. Address of hospital;
6 c. Test, treatment, examination or hospitalization received;
7 d. Date of test, treatment, examination or hospitalization received;
8 e. Reason for hospital visit;
9 f. Either (1) attach all DOCUMENTS evidencing the information sought in this
10 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
11 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
12 may be made the subject of a request for production of documents.
13 RESPONSE TO INTERROGATORY NO. 11: Excluding those used by plaintiff's expert
14 consultants, and any previously described, plaintiff identifies the following hospitals:
15 a.-f. Plaintiff does not currently recall any hospitalizations within the last 10 years.
16 Plaintiff’s investigation and discovery are continuing.
17
18 INTERROGATORY NO. 12: Have YOU ever had an X-ray, CT scan or high-resolution CT
19 scan taken of YOUR "trunk"? If "yes", please state for each:
20 a. Name and address where taken;
21 b. Date(s) and number taken of each;
22 c. Part(s) of body x-rayed or scanned;
23 d. Results, conclusions and/or diagnosis from each;
24 e. Either (1) attach all DOCUMENTS evidencing the information sought in this
25 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
26 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
27 may be made the subject of a request for production of documents.
28 RESPONSE TO INTERROGATORY NO. 12: Excluding any taken by plaintiff's expert

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1 consultants, and any previously described, plaintiff recalls the following x-rays:
2 a.-e. Plaintiff does not currently recall any x-rays. Plaintiff's investigation and
3 discovery are continuing.
4
5 INTERROGATORY NO. 13: Have YOU ever undergone a pulmonary function test?
6 If "yes", please state:
7 a. Name and address where test was performed;
8 b. Date of test;
9 c. Name of doctor administering and/or interpreting test;
10 d. Reason for test;
11 e. Results, conclusions and/or diagnosis from each test, except those prepared by
12 consultants;
13 f. Were YOU informed of the results of the test;
14 g. Who informed YOU of the results of the test;
15 h. Either (1) attach all DOCUMENTS evidencing the information sought in this
16 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
17 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
18 may be made the subject of a request for production of documents.
19 RESPONSE TO INTERROGATORY NO. 13: Excluding any taken by plaintiff's expert
20 consultants, and any previously described, plaintiff does not currently recall any other pulmonary
21 function testing. Plaintiff’s investigation and discovery are continuing.
22
23 INTERROGATORY NO. 14: Describe the name and quantity of each type of drug, tranquilizer,
24 sedative or other medication taken or used by YOU during the last ten (10) years, specifying the
25 frequency and purpose of use.
26 RESPONSE TO INTERROGATORY NO. 14: Plaintiff defers to Response to Interrogatory Nos.
27 10 and 11, above; and to his medical records as the best source of information responsive to this
28 interrogatory. Plaintiff's investigation and discovery are continuing.

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1 INTERROGATORY NO. 15: Do YOU or YOUR attorney have any medical reports except
2 those prepared by consultants from any persons, hospitals, doctors or medical practitioners or
3 institutions that have ever treated or examined YOU at any time? If "yes", either (1) attach all
4 DOCUMENTS evidencing the information sought in this interrogatory and its subparts to YOUR
5 answers to these interrogatories or (2) attach disks containing such date or (3) describe such
6 DOCUMENTS with sufficient particularity that they may be made the subject of a request for
7 production of documents. If YOU will not voluntarily attach copies of reports to the answers to
8 these interrogatories, then please state fully and in detail for each:
9 a. The identity of the report(s) by date, subject matter, name, address, job title or
10 capacity of the persons to whom it is addressed or directed and the job title or capacity of the
11 person or persons who prepared the same;
12 b. The name, address and present whereabouts of the person who has present
13 custody or control thereof and the purpose of said preparation.
14 RESPONSE TO INTERROGATORY NO. 15: Plaintiff identifies medical records from Dr.
15 Hyun M Cho, MD. at Desert Oasis Healthcare located at 41990 Cook Street, Suite 1001, Palm
16 Desert, California 92211 and Palm Desert VA Clinic located at 41990 Cook Street, #1004, Suite
17 F, Palm Desert, California 92211. Plaintiff has provided authorization for the release of medical
18 records to Spanos Przetak. Plaintiff’s medical records are equally available to defendants
19 through Spanos Przetak, designated defense counsel.
20
21 INTERROGATORY NO. 16: Identify each and every complaint, symptom, adverse action or
22 other injury which YOU allege is directly or indirectly related to YOUR alleged exposure to
23 RAW ASBESTOS or ASBESTOS-CONTAINING MATERIAL and for each complaint,
24 symptom, adverse reaction or other injury, please state:
25 a. The date on which YOU first became aware of signs of the complaint, symptom,
26 adverse reaction or injury;
27 b The date each such complaint, symptom, adverse reaction or injury ceased to
28 affect YOU;

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1 c. Any physical change in YOUR appearance occasioned by such complaint,
2 symptom, adverse reaction or injury;
3 d. Each part of YOUR body which YOU contend was affected;
4 e. The date upon which the complaint, symptom, adverse reaction or injury was
5 reported to a doctor or physician;
6 f. State the name, address and telephone number of each such physician to whom
7 said complaint, symptom, adverse reaction or injury was reported;
8 g. Whether YOU have lost any time from work as a result of his/her asbestos-related
9 injury or medical condition;
10 h. If such injury has resulted in lost time from work, please state the date on which
11 YOU first lost work and the amount of time lost from work;
12 I. Either (1) attach all DOCUMENTS evidencing the information sought in this
13 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
14 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
15 may be made the subject of a request for production of documents.
16 RESPONSE TO INTERROGATORY NO. 16: Plaintiff has the following complaints from
17 asbestos exposure: shortness of breath, coughing and fatigue.
18 a. Plaintiff does not recall a specific date.
19 b. No cessation.
20 c. None that plaintiff is aware of.
21 d. Plaintiff contends that his lungs have primarily been affected. Further, plaintiff
22 contends that the resulting injury is affecting all parts of his body.
23 e.-f. Excluding expert consultants, plaintiff refers to Response to Interrogatory No. 10,
24 above.
25 g. No.
26 h. Not applicable.
27 I. Not applicable.
28

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1 INTERROGATORY NO. 17: Have YOU been advised that YOU are suffering from an
2 asbestos-related disease? Please include in YOUR answer:
3 a. The nature of the asbestos-related disease(s);
4 b. The date and time YOU were first advised;
5 c. The name, address and telephone number of the physician and/or other person(s)
6 who so informed you;
7 d. The name, address and telephone number of the physician who made the
8 evaluation;
9 e. The method and information upon which such determination was based;
10 f. The name, address, and telephone number of any hospital, medical institution,
11 laboratory, physician, nurse, laboratory technician, etc., involved in any part of such
12 determination;
13 g. The name, address, and telephone number of every person, including YOUR
14 relatives, employer or anyone acting on YOUR behalf who was so advised. Please include the
15 date, time and place of such revelation, and the name, address and telephone number of anyone
16 witnessing said revelation;
17 h. IDENTIFY YOUR employer(s) at the time YOU were so advised;
18 I. The specific course(s) of treatment or therapy, including any medicine prescribed
19 as a result of such determination and the name, address and telephone number of each
20 prescribing physician;
21 j. State whether YOU followed the medication or therapy regime prescribed by each
22 of the said physicians for the treatment of said complaint, symptom, adverse reaction or injury;
23 k. State the names and addresses of any other physicians or practitioners
24 subsequently affirming or making the same determination;
25 l. Either (1) attach all DOCUMENTS evidencing the information sought in this
26 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
27 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
28 may be made the subject of a request for production of documents.

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1 RESPONSE TO INTERROGATORY NO. 17: Yes.
2 a.-b. Plaintiff was diagnosed with asbestosis and asbestos-related pleural disease on or
3 about December 2017.
4 c.-l. Information protected by either the attorney work-product doctrine or the attorney-
5 client privilege. Plaintiff’s investigation and discovery are continuing.
6
7 INTERROGATORY NO. 18: Have any of the said treating physicians informed either YOU at
8 any time that the complaints, symptoms, adverse reactions or injuries may have been caused by
9 factor(s) or reason(s) other than exposure to RAW ASBESTOS or ASBESTOS-CONTAINING
10 MATERIAL(S)? If "yes", please state:
11 a. The other factors(s) or reason(s) involved;
12 b. The names, addresses and telephone numbers of the physicians believing or
13 suspecting such other factor(s) or reason(s) to be involved;
14 c. The date(s) that said physicians told YOU that they believed or suspected that
15 other factor(s) or reason(s) might be involved and to whom that information was provided on
16 each such date;
17 d. The reason that said factor(s) or reason(s) were excluded as possible sources or
18 causes of the symptoms.
19 e. Either (1) attach all DOCUMENTS evidencing the information sought in this
20 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
21 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
22 may be made the subject of a request for production of documents.
23 RESPONSE TO INTERROGATORY NO. 18: No.
24 a.-e. Not applicable.
25
26 INTERROGATORY NO. 19: Please list all respiratory complaints and/or symptoms which
27 YOU have suffered during the past ten (10) years and list the inclusive dates for each such
28 complaint.

K:\Injured\125566\PLD\AI-SACSF1.wpd 13
1 RESPONSE TO INTERROGATORY NO. 19: Plaintiff has suffered with shortness of breath,
2 coughing and fatigue.
3
4 INTERROGATORY NO. 20: Have YOU ever had any biopsies or tissue samples taken during
5 the past ten (10) years? If YOUR answer is ‘yes’, state for each such procedure:
6 a. The name of the doctor performing such procedure;
7 b. The address where such procedure was performed;
8 c. The date when such procedure was performed;
9 d. The results, conclusions and/or diagnosis from such procedure; and
10 e. Either (1) attach all DOCUMENTS evidencing the information sought in this
11 interrogatory and its subparts to YOUR answers to these interrogatories or (2) attach disks
12 containing such data or (3) describe such DOCUMENTS with sufficient particularity that they
13 may be made the subject of a request for production of documents.
14 RESPONSE TO INTERROGATORY NO. 20: No.
15 a.-e. Not applicable.
16
17 INTERROGATORY NO. 21: Do YOU know of any pathology slides that were made from any

Case Info

Judge

Cynthia Ming-mei Lee Track Judge’s New Case

Case No.

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Document Filed Date

June 19, 2020

Case Filing Date

August 31, 2018

County

Parties

BARBER, STEVEN J. Attorney for the Defendant
BELL INDUSTRIES, INC. Defendant
BLEICHNER, BRAD D. Attorney for the Defendant
BRAYTON, ALAN RICHARD Attorneys for Plaintiffs
BRAYTON, ALAN RICHARD Attorney for the Plaintiff
CERTAINTEED CORPORATION Defendant
DOES 1 TO 800, INCLUSIVE Defendant
DUFFY, JOSEPH Attorney for the Defendant
FAMILIAN CORP Defendant
FAMILIAN CORPORATION Defendant
FIORE SR, ROCCO Defendant In Intervention
FIORE SR, ROCCO Plaintiff
GRINELL LLC Defendant
GRINNELL LLC Defendant
HAMILTON SUPPLY CO. INC. Defendant
HARTFORD ACCIDENT AND INDEMNITY COMPANY, ON BEHALF Intervenor
HD SUPPLY PLUMBING/HVAC, LTD. Defendant
HD SUPPLY PLUMBING/HVAC, LTD., AS Defendant
KAISER GYPSUM COMPANY, INC. Defendant
LIBERTY MUTUAL INSURANCE COMPANY, ON BEHALF OF Intervenor
MCCLAIN, FLORENCE A Attorneys for Defendants
MCCLAIN, FLORENCE A Attorney for the Defendant
MCCORMICK, JENNIFER Attorney for the Defendant
METROPOLITAN LIFE INSURANCE COMPANY Defendant
OBERG, LISA L Attorney for the Defendant
PAREX USA, INC. Defendant
POND, FRANK D Attorney for the Defendant
RASMUSSEN, JENNIFER C. Attorney for the Defendant
ROYAL INDEMNITY COMPANY, SUCCESSOR IN INTEREST TO Intervenor
TRAVELERS CASUALTY AND SURETY COMPANY F/K/A THE Intervenor
UTICA MUTUAL INSURANCE COMPANY, ON BEHALF OF THEIR Intervenor
WILLIAM LYON HOMES, INC. Defendant
David Donadio Attorneys for Plaintiffs
Nancy Williams Attorneys for Plaintiffs
Marissa Gittler Attorneys for Defendants
Rochelle Ileto Attorneys for Defendants
Scott Herndon Attorney
Lesa Meyers Attorney
James Nevin Attorneys for Plaintiffs
Jennifer Lee Attorneys for Defendants
Gina Haran Attorneys for Defendants
Janine Fiel-Cosse Attorneys for Plaintiffs
Andrew Chew Attorneys for Plaintiffs
Amy Talarico Attorney
Lisa Petrovsky Attorneys for Defendants
Erika Aspericueta Attorneys for Defendants
Michael Eagan Attorneys for Defendants

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Order: ROCCO FIORE SR VS. CERTAINTEED CORPORATION ET AL

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Case Info

Parties