On November 20, 2019 a Separate Statement - DEFENDANT, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES' SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUM was filed involving a dispute between Payne Beth, Payne Griffin, Payne Phillip, Payne Tyler, and Air & Liquid Systems Corporation, Aurora Pump Company, Blackmer Pump Company, Bw Ip Inc., Cbs Corporation Fka Viacom Inc. Successor By Merger To Cbs Corporation Fka Westinghouse Electric Corporation As Successor In Interest To Bf Sturtevant, Chem-Materials Company, Chem-Materials Company Doe 11, Cla-Val Co., Crane Co., Cyprus Mines Corporation, Cyprus Mines Corporation Doe 9, Dap Inc., Dap Inc. Aka La Mirada Products Co. Inc., Dap Products Inc., Dap Products Inc. Doe 7, Elliott Company Aka Elliott Turbomachinery Co. Inc., Elmer'S Produts Inc., Flowserve Us Inc., Fmc Corporation Fka Northern Fire Apparatus Company Fka Chicago Pump Company Fka Peerless Pump Company, Foster Wheeler Llc, Fraser'S Boiler Service Inc., Gardner Denver Inc. Fka Gardner Denver Machinery Inc., General Electric Company, Goulds Pumps Inc., Grinnell Llc Dba Grinnell Corporation, Imo Industries Inc., Ingersoll-Rand Company, Itt Llc Fka Itt Corporation Fka Itt Industries Inc., Newell Brands Dtc Inc., Newell Brands Dtc Individually And As Successor In Interest To Elmer'S Products Inc., Newell Brands Inc., Syd Capenter Marine Contractor Inc., Syd Carpenter Marine Contractor Inc., Triple A Machine Shop Inc., Vanderbilt Minerals Llc Doe 8 Fka R.T. Vanderbilt Company Inc., Warren Pumps Llc Fka Warren Pumps Inc., Wd-40 Company, Wd-40 Company Individually And As Successor In Interest To American Home Products Boyle-Midway Inc. Boyle-Midway Household Products Inc. And 3-In-One, Wd-40 Manufacturing Company, Wd-40 Manufacturing Company Individually And As Successor In Interest To American Home Products Boyle-Midway Inc. Boyle-Midway Household Products Inc. And 3-In-One, Whittaker Clark & Daniels Inc., Whittaker Clark & Daniels Inc. Doe 10, Wyeth Llc, Wyeth Llc Individually And Successor In Interest To American Home Products Boyle-Midway Inc. And Boyle-Midway Household Products Inc., for Asbestos- Personal Injury/Wrongful Death (General Jurisdiction) in the District Court of Los Angeles County.
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ORIGINAL Keith M. Ameele, Esq. SBN 221927 FILED Ripe ier Court of California kameele@foleymansfield.com unty of Los Angeles Suzanna L. Minasian, Esq. SBN 245556 sminasian@foleymansfield.com Ovsanna Thomas, Esq. SBN 307624 AUG 20 2021 k of Court othomas@foleymansfield.com Sherti R. Gartar, Executive Orficer/Cler FOLEY & MANSFIELD, PLLP Py W Deputy 181 W. Huntington Drive, Suite 210 Monrovia, CA 91016 Telephone: (213) 283-2100 Attorneys for Defendant BW/IP, INC. and Its Wholly-Owned Subsidiaries improperly named and served as BW/IP, INC., individually and as successor in interest to BYRON JACKSON PUMP CO. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES — SPRING STREET COURTHOUSE 10 11 LAOSD ASBESTOS LITIGATION JCCP Case No.: 4674 [Assigned to the Hon. DavidS. Cunningham, III, Dept. 15] 12) Coordinated Proceeding Special Title (Rule 3.550) PHILLIP PAYNE, an individual; BETH PAYNE, Case No.: 19STCV41649 13 an individual vs. AIR & LIQUID SYSTEMS CORPORATION, et al. 14 DEFENDANT, BW/IP, INC. AND ITS BETH PAYNE, individually and as successor in WHOLLY OWNED SUBSIDIARIES’ 15 interest to PHILLIP PAYNE, deceased; and SEPARATE STATEMENT OF TYLER PAYNE, an individual; and GRIFFIN UNDISPUTED MATERIAL FACTS IN 16 PAYNE, an individual, as legal heirs of SUPPORT OF ITS MOTION FOR PHILLIP PAYNE, Deceased, SUMMARY JUDGMENT OR, IN THE 17 ALTERNATIVE, SUMMARY Plaintiffs, ADJUDICATION 18 vs. [Filed and Served Concurrently with Notice of 19 Motion; Memorandum of Points and Authorities; AIR & LIQUID SYSTEMS CORPORATION, Declaration of Ovsanna Thomas; Index of Exhibits; 20 a subsidiary of AMPCO-PITTSBURGH and [Proposed] Order] CORPORATION, individually and as successor 21 by merger to BUFFALO PUMPS, INC., individually and successor in interest to Date: November 5, 2021 22 BUFFALO FORGE COMPANY, et al., Time: 9:00 a.m. Department: 15 23 Defendants. 24 Complaint Filed: November 20, 2019 FAC Filed: June 19, 2020 23; Trial Date: December 06.2021 26 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 27 Pursuant to Code of Civil Procedure section 437c(b), Defendant BW/IP, INC. and its Wholly 28 Owned Subsidiaries improperly named and served as BW/IP, INC., individually and as successor in DEFENDANT, BW/IP, INC. AND ITS WHOLLY OWNED SUBSIDIARIES’ SEPARATE STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 5282082 v1