On June 06, 2007 a Hearing was filed involving a dispute between Castagna, Louis, and Advocate Mines Limited, Albay Construction Company, All Asbestos Defendants, Allis-Chalmers Corporation Product Liability Trust, American Conference Of Governmental Industrial, American Conference Of Governmental Industrial Hyg, American Standard, Inc., Ameron International Corporation, A.O. Smith Corporation, Asbestos Defendants, Asbestos Manufacturing Company, Auto Friction Corporation, Auto Specialties Manufacturing Company, Baugh Construction Company, Bechtel Corporation, Bell Asbestos Mines Ltd., Borgwarner Morse Tec, Inc., Brassbestos Brake Lining Company, Bridgestone Firestone North American Tire, Llc, Briggs & Stratton Corporation, Bucyrus International, Inc., Caterpillar Inc., Cbs Corporation, A Delaware Corporation, Chevron Products Company, Chevron U.S.A. Inc., Chicago Bridge & Iron Company,, Chrysler Llc Fka Daimlerchrysler Company Llc,, Conocophillips Company, Consolidated Insulation, Inc., Contra Costa Electric, Inc., Copeland Corporation, Copeland Corporation, Llc Fka Copeland Corporation, Crane Co., Csk Auto, Inc., Daimlerchrysler Company Llc, Formerly Known As, Daimlerchrysler Corporation, Dana Corporation, Dillingham Construction N.A., Inc., Does 1-8500, Douglass Insulation Company, Inc., Durametallic Corporation, Eaton Corporation, Eaton Electrical Inc., Elliott Company,, Elliott Turbomachinery Co., Inc., Emsco Asbestos Company, Fibre & Metal Products Company, Fibre & Metal Products Company, Inc., Fisher Controls International Llc, Fmc Corporation, Fmc Corporation-Chicago Pump, Forcee Manufacturing Corp., Ford Motor Company, Foster Wheeler Llc, Garlock Sealing Technologies, Llc, Gate City Plumbing & Heating, Gatke Corporation, General Electric Company, General Motors Corporation, Genuine Parts Co., Genuine Parts Company, Henry Vogt Machine Co., H. Krasne Manufacturing Company, Honeywell International Inc.,, Hopeman Brothers, Inc., Imo Industries Inc., Ingersoll-Rand Company, Interlake Steamship Co., Johnson Controls, Inc., J.T. Thorpe & Son, Inc., Kaiser Gypsum Company, Inc., Kelly-Moore Paint Company, Inc., Lamons Gasket Company, Landsea Holding Company, Lasco Brake Products, Lear Siegler Diversified Holdings Corp., Lindstrom & King Co., Inc., L.J. Miley Company, Maremont Corporation, Metropolitan Life Insurance Company, Molded Industrial Friction Corporation, Morton International, Inc., National Automotive Parts Association, National Transport Supply, Inc., Nibco Inc., Oakfabco, Inc., Owens-Illinois, Inc., Paccar Inc., Pacific Gas & Electric Company, Pacific Mechanical Corporation, Parker-Hannifin Corp., Performance Mechanical, Inc., Plant Insulation Company, Pneumo Abex Llc, Quintec Industries, Inc., Rapid-American Corporation, Red-White Valve Corporation, Republic Supply Company, Riley Power Inc., Riley Power, Inc., Erroneously Sued As Babcock, Riteset Manufacturing Company, Rockwell Automation, Inc., Rossendale-Ruboil Company, Santa Fe Braun, Inc., Schlage Lock Company, Scott Co. Of California,, Sequoia Ventures Inc., Shell Oil Company, Silver Line Products, Inc., Southern Friction Materials Company, Special Electric Company, Inc., Special Materials, Inc.-Wisconsin, Standard Motor Products, Inc., Standco, Inc, Sta-Rite Industries, Llc, Stuart-Western, Inc., Swinerton Builders Fka Swinerton & Walberg Co., Taco, Inc., Temporary Plant Cleaners, Inc., Terry Corporation Of Connecticut, Terry Steam Turbine Co., The Budd Company, The Dow Chemical Company, The Industrial Maintenance Engineering Contracting, The William Powell Company, Thomas Dee Engineering Company, Timec Company, Inc., Tosco Refining Company, Inc., Trane Us, Inc., Triple A Machine Shop, Inc., Tyco International, Underwriters Laboratories, Inc., Uniroyal Holding, Inc., Universal Friction Materials Company, Unocal Corporation, U.S. Spring & Bumper Company, Warren Pumps, Llc, Wheeling Brake Block Manufacturing Company, Yarway Corporation, Zurn Industries, Llc, Formerly Known As Zurn, for civil in the District Court of San Francisco County.
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MARK S. KANNETT {SBN 104572} PAULS. LECKY {SBN 154480} BECHERER, KANNETT & SCHWEITZER ELECTRONICALLY The Water Tower FILED 1255 Powell Street Superior Court of California, Emeryville, CA 94608-2604 County of San Francisco Telephone: {510} 658-3600 AP Facsimile: {510} 658-1151 GORDON PARK-LI, Clerk BY: WILLIAM TRUPEK Deputy Clerk Attorneys for Defendant JOHNSON CONTROLS, INC. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO - COURT OF UNLIMITED JURISDICTION 10 11 LOUIS CASTAGNA,, CASE NO.: 07 274230 12 Plaintiff, DEFENDANT JOHNSON CONTROLS, INC.’S 13 JOINDER TO THE WILLIAM POWELL v, COMPANY’S MOTION FOR PROTECTIVE 14 ORDER RE: PLAINTIFF'S DEPOSITION ASBESTOS DEFENDANTS (B¢P}, et al. 15 Date: May 11, 2009 Defendants, Time: 10:30 a.m. 16 Dept: 610 17 Judge: Comm. Bruce E. Chan 18 19 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 20 PLEASE TKE NOTICE that Defendant JOHNSON CONTROLS, INC, (hereinafter “JCI") 21 hereby joins in the Notice of Motion and Motion for Protective Order Re: Plaintiff's 22 Deposition, filed by co-defendant THE WILLIAM POWELL COMPANY (hereinafter “WPC’"). 23 WPC’s Motion is to be heard on May 11, 2009, at 10:30a.m. in Deparment 610 of the abave- Becherer Kannett & 24 Schweitzer referenced Court. WPC’s Motion seeks at a minimum an additional twenty (20) hours to Lass fully and adequately completely the deposition of plaintiff Louis Castagna (hereinafter Powell St Enel, CA 26 510-658-3600 “Plaintiff’), and to ascertain the extentto which Plaintiff has facts to support his claimed 27 exposures and te demonstrate each Defendants’ respective role, if any, therein. 28 DEFENDANT JOHNSON CONTROLS, INC.’S JOINDER TO THE WILLIAM POWELL COMPANY'S MOTION FOR PROTECTIVE ORDER RE: PLAINTIFF'S DEPOSITION For purposes for this Joinder, Defendant JCI hereby adopts and incorporates by reference WPC’'s moving papers as if they were JCIs’ own papers, including the Notice of Motion and Motion, Memorandum of Points and Authorities, and Exhibits and Declarations filed by WPC in support of their Motion. For purposes of this Joinder, JCI also hereby adopts and incorporates by reference any joinder filed by any other co-defendant herein. JC] is prepared to proceed with the motion and hearing as scheduled even if WPC, or any other joining party, was to withdraw the motion, or is no longer a party. As more fully detailed in the Memorandum of Points and Authorities filed by WPC, because of Plaintiffs lengthy pauses and detailed responses JCI was unable to reasonably 10 and effectively question Plaintiff regarding any alleged work with and/or around any 11 material Plaintiff attributes to Lamons. Counsel for another defendant was in the midst of 12 questioning Plaintiff regarding such product and/or materials when plaintiff determined that he was unable to continue for the day, and counsel for WPC suspended the deposition. 13 As such, to be able to properly defend itself and to evaluate the case, JCI asserts its need for 14 additional time to depose Plaintiff. 15 Plaintiff will not be prejudiced by this Joinder because he has already been provided 16 reasonable and legally sufficient notice of the motion and the scheduled hearing date 17 » Sap.plc, Dated: April 29, 2009 BECHERER KANNETT & SCHWEITZER 18 19 20 Paul'S. Lecky Attorneys iy Defendant 21 JOHNSON CONTROLS, INC. 22 23 Becherer Kannett & 24 Schweitzer 1255 Powell St. Emeryville, CA 26 94608 510-658-3600 27 28 2 DEFENDANT JOHNSON CONTROLS, INC.'S JOINDER TO THE WILLIAM POWELL COMPANY'S MOTION FOR PROTECTIVE ORDER RE: PLAINTIFF'S DEPOSTION PROOF OF SERVICE BY ELECTRONIC TRANSMISSION I, Sonjua R. Fisher, declare that | am, and was at the time of service of the documents herein referred to, over the age of 18 years, and not a party to the action; and | am employed in the County of Alameda, State of California. My business address is 1255 Powell Street, Emeryville, California 94608. On April 29, 2009, | electronically served the document(s) via LexisNexis File & Serve described as: DEFENDANT JOHNSON CONTROLS, INC’S JOINDER TO THE WILLIAM POWELL COMPANY'S MOTION FOR PROTECTIVE ORDER RE: PLAINTIFF'S DEPOSTION on the recipients designated on the Transmission Receipt located on the LexisNexis File & Serve website. 10 I declare under penaity of perjury pursuant to the laws of the State of California that 11 the foregoing is true and correct and that eed ation was executed on April 29, 2009, at Emeryville, California. 12 13 Cah CH LK 1 CSY BO 14 jua R. B 15 16 17 18 19 20 al 22 23 Becherer Kannett & 24 Schweitzer 1258 PowellS. Emeryville, CA 26 94608 510-658-3600 27 28 3 DEFENDANT JOHNSON CONTROLS, INC.’S JOINDER TG THE WILLIAM POWELL COMPANY'S MOTION FOR PROTECTIVE ORDER RE: PLAINTIFF'S DEPOSTION