On December 06, 2001 a Motion,Ex Parte was filed involving a dispute between Jordan, Cheryl Lynn, Jordan, James, Thomas Dee Engineering Company, and 4520 Corp., Abblummus Global, Inc., A C And S,Inc., A.H. Voss Company, Albay Construction, Allis-Chalmers Corp. Product Liability Trust, American Honda Motor Co., Inc., American Standard, Inc., Asbestos Corp. Limited, Asbestos Corporation Ltd., Asbestos Defendants, Babcock Borsig Power Inc Ref To Db Riley Inc, Blue Diamond Corp., Borg Warner Inc., Borgwarner Inc. Fka Borg-Warner Automotive, Inc., Bragg Investment Company, Inc., Bridgestone Firestone Americas Holdings, Inc., Bridgestone Firestone,Inc., Bridgestone Firestone North American Tire, Llc,, Bwd Automotive, Calaveras Cement Co., Certainteed Corporation, Chevron Products Company, Colonial Sugar Refining Company, Conocophillips Company, Consolidated Insulation, Inc., Crane Co., Crown Cork & Seal Company,Inc., Daimlerchrysler Corporation, Dana Corporation, D. Cummins Corporation, Diamond International Corp., Dillingham Construction N.A.,Inc., Dixon Boiler Works Inc, Dixon Boiler Works, Inc., Does 1-800, Dow Chemical Company, Dresser Industries Inc., D.W. Nicholson Corporation, Eaton Corporation, Elliott Company, Elliott Turbomachinery Co., Inc., Fisher Controls International, Llc, Flintkote Co., Flintkote Mines Ltd., Flowserve Us Inc, Flowserve Us Inc., Fluor Corporation, Fmc Corporation -Turbo Pump Operation, Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Ll, Gatke Corporation, General Electric Company, General Motors Corporation, General Refractories Company, Genstar Co., Genuine Parts Company, Goodrich Corporation, Grinnell Corporation, Halliburton Company, Hanson Cement, Inc., Henry Vogt Machine Co., Hercules Powder Company, Honeywell International, Inc. Fka Alliedsignal, Imo Industries Inc.,, Imo Industries, Inc., J.R.Simplot Company, J.R. Simplot Company, A Nevada Corporation,, J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Keenan Properties, Inc, Kubota Corporation, Lamons Gasket Company Dba Power Engineering &, Lear Siegler Diversified Holdings Corp., Maremont Corporation, Metalclad Insulation Corporation, Monsanto Company, Morton International, Inc. A Rohm And Haas Company, Oakfabco, Inc., Oscar E. Erickson, Inc., Owens-Illinois, Inc., Pacific Coast Building Products, Inc Dba Pacific, Parker Hannifin Corporation, Parker-Hannifin Corporation, Parsons Energy & Chemical Group, Inc., Parsons Energy & Chemicals Group Inc, Plant Insulation Company, Pnuemo Abex Corporation, As Successor, Power Engineering & Equipment Co. Inc., Quigley Company, Inc., Rapid-American Corporation, Republic Supply Company, Rheem Manufacturing Co, Rheem Manufacturing Company, Robertson-Ceco Corporation, Rosendahl Corporation, Santa Fe Braun, Inc. As Successor-In-Interest To, Sequoia Ventures, Inc., Shell Oil Company, Soo Line Railroad Company, Standard Motor Products, Stuart Radiator Core Manufacturing Co Inc, Stuart Radiator Core Manufacturing Co. Inc., Stuart-Western, Inc., Sugar City Building Materials Inc., Taylor Plumbing Supply Company, Dba Globe Plumbing, Taylor Plumbing Supply Inc., Temporary Plant Cleaners, Inc., The Budd Company, Thomas Dee Engineering Company, Thorpe Insulation Company, Tosco Corporation, Tosco Refining Company, Trimon, Inc., Union Carbide Corporation, Unocal Corporation, Viacom Inc., Successor By Merger To Cbs Corporatio, Vogt Valve Company, Waldron, Duffy, Inc., Westburne Supply, Inc., Yale Industrial Products, Inc., Zurn Industries, Inc., for ASBESTOS in the District Court of San Francisco County.
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LEWIS BRISBOIS BISGAARD & SMITH LLP CONSTANCE MCNEIL, SBN 184526 E-Mail: meneil: Ibbslaw.com ELECTRONICALLY ELIZABETH C. SEARS, SBN 250450 E-Mail: s Ibbs.com FILED Superior Court of California, One Sansome Street, Suite 1400 County of San Francisco San Francisco, CA 94104 Tel; 415.362.2580 J Fax: 415.434.0882 GORDON PARK-LI, Clerk BY: VANESSA WU Deputy Clerk Attorneys for Defendant PLANT INSULATION COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 12 JAMES JORDAN } CASE NO. 402113 13 Plaintiff, ) 14 ) ASBESTOS-RELATED 15 MOTION IN LIMINE NO. 3: ASBESTOS DEFENDANTS, ef al, ) TO EXCLUDE TESTIMONY OF EXPERTS 16 } NOT TIMELY DISCLOSED Defendants. 17 ) Trial Date: January 20, 2009 } Action Filed: December 6, 2001 18 ) ) 19 20 Defendant PLANT INSULATION COMPANY files this motion in Jimine to preclude the testi- 21 mony of any expert witness not disclosed by plaintiff pursuant to the requirements set forth in California 22 Code of Civil Procedure section 2034.210, et seq.. 23 1 LEGAL ARGUMENT 24 The Court Must Exclude The Expert Opinion Of Any Witness Offered By Any From Evidence Party Who Has Unreasonably Failed To Timely Disclose That Witness As An Expert 25 26 After the trial is set, any party may demand a mutual and simultaneous exchange of lists identifying 27 | any witness whose testimony is expected to be offered as an expert opinion. (Cal. Code Civ. Proc. 28 §2034.210.) In response to this demand, all parties who have appeared in the action are required to 4836-2843-6227.1 1 MIL 3: TO EXCLUDE TESTIMONY OF EXPERTS NOT TIMELY DISCLOSED exchange information concerning such expert witnesses in writing on or before the date of exchange specified in the demand. (Cal. Code Civ. Proc. §2034.260(a).} On objection of any party who has made a complete and timely exchange of expert witness information, the trial court must exclude from evidence the opinion of any expert offered by any party who has unreasonably failed to list that witness as an expert or who has unreasonably failed to submit an expert witness declaration, produce reports and writings of expert witnesses, or make that expert available for a deposition. (Cal. Code Civ, Proc. §2034.300.) In this action, plaintiff failed to timely disclose the expert witnesses whose testimony he now seeks to introduce at trial. Plaintiff has not rectified this failure by moving for augmeniation or amendment 10 pursuant to the terms of California Code of Civil Procedure section 2034.280(a) or requesting leave to li submit tardy expert witness information under California code of Civil Procedure section 2034.610(a). 12 Plaintiff's failure io timely disclose expert witnesses amounts to an abuse of the discovery process 13 pursuant to the terms of California Code of Civil Procedure section 2023.01), ef seq.. To permit plaintiff's 14 proposed expert witnesses to testify would severely prejudice PLANT INSULATION COMPANY and 15 would demean the discovery process. 16 Accordingly, plaintiffs proposed expert witmesses should be barred from testifying pursuant to 17 California Code of Civil Procedure section 2034.300. 18 IL CONCLUSION 19 Plaintiff failed to timely submit to an authorized method of discovery and subsequently failed to 20 move for an order granting relief of their failure to identify proposed expert witnesses. Thus, PLANT 2E INSULATION COMPANY respectfully moves the court for an order in limine precluding the testimony of any witness who will give an expert opinion whose identity was not timely disclosed by plaintiff in 23 accordance with the provisions of Califomia Code of Civil Procedure section 2034.210, et seg... 24 Dated: January 62009 LEWIS BRISBOIS BISGAARD & SMITH LLP 25 26 27 abeth C. Sears ‘Attorney for Defendant 28 PLANT INSULATION COMPANY 4836-2843-6227.1 2 MIL 3: TO EXCLUDE TESTIMONY OF EXPERTS NOT TIMELY DISCLOSED