On January 30, 2009 a
Exhibit,Appendix
was filed
involving a dispute between
Conte, Anthony,
and
3M Company,
All Asbestos Defendants See Scanned Documents,
Asbestos Defendants B*P As Reflected On Reflected,
Bnsf Railway Company,
Bucyrus International Inc,
Burlington Northern Santa Fe Corporation,
Cbs Corporation, A Delaware Corporation,
Chrysler Llc,
Does 1-800, Inclusive,
Does 1-8500,
Garlock Sealing Technologies Llc,
General Electric Company,
Hennessy Industries Inc.,
Honeywell International, Inc.,
Honeywell International Inc., F K A Alliedsignal,,
J.T. Thorpe, Inc.,
J.T. Thorpe & Son, Inc.,
Macarthur Company,
Owens-Illinois, Inc.,
Parker Hannifin Corporation,
Plant Insulation Company,
Quintec Industries, Inc.,
The Budd Company,
Union Pacific Railroad Company,
Viacom And Not The Claims Against Cbs Corporation,
Viacom, Inc.,
Western Asbestos Company,
Western Macarthur Company,
for civil
in the District Court of San Francisco County.
Preview
Gordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101
STEVEN SOBEL (SBN: 177210)
ssobel@gordonrees.com
LORRIE A. WALKER (SBN: 272637)
lwalker(@gordonrees.com
GORDON & REES LLP
101 W. Broadway, Suite 2000
San Diego, CA 92101
Telephone: (619) 696-6700
Facsimile: (619) 696-7124
Attorneys for Defendant
HENNESSY INDUSTRIES, INC.
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
DEC 05 2013
Clerk of the Court
BY: MICHAEL RAYRAY
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
ANTHONY CONTE,
Plaintiff,
vs.
ASBESTOS DEFENDANTS (B“P) As
Reflected on Exhibits B, B-1, C, F, G; and
DOES 1-8500; and SEE ATTACHED LIST.
Te ee ee ae Ne Ne ee! ee Ne
(tt
fit
‘it
CASE NO. CGC-09-275046
Complaint filed: 01/30/09
APPENDIX OF EXHIBITS TO THE
DECLARATION OF RUSSELL DARNELL
IN SUPPORT OF DEFENDANT
HENNESSY INDUSTRIES, INC'S
MOTION FOR SUMMARY JUDGMENT,
ORIN THE ALTERNATIVE, SUMMARY
ADJUDICATION
Filed & Served Together
. Notice of Motion and Motion
. Memorandum of Points & Authorities
. Separate Statement of Undisputed Facts
. Request for Judicial Notice
. Declaration of Craig Mountz
. Declaration of Russell Darnell
. Declaration of Lorrie A. Walker
. Appendix of Exhibits
9. Appendix of Exhibits to Darel] Declaration
WADA RWN
Date: February 20, 2014
Time: 9:30 a.m.
Judge: Teri Jackson
Dept.: 503
ale
APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF
DEFENDANT HENNESSY INDUSTRIES, INC."S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101
APPENDIX OF EXHIBITS
TO THE DECLARATION OF RUSSELL DARNELL
Exhibit
Content
Plaintiff Anthony Conte’s responses to Special Interrogatories, Set One
propounded by Hennessy Industries, Inc. in this matter.
The Declaration of Dr. David Egilman, in pertinent part, submitted in
asbestos litigation in Norfolk County, State of Massachusetts.
Excerpts from the book, Asbestos: Medical and Legal Aspects, Fourth
Edition, by Barry 1. Castleman, published by Aspen Law & Business in
1996.
Portions of an article from Asbestos magazine, entitled “Asbestos
Substitutes in Friction Materials,” from Volume 64 of Asbestos magazine,
with a publication date of February 1983.
wa
An article entitled “1958 Chevrolet Corvette — The ‘boulevard’ ‘Vette,”
originally published in December of 1957 in Sports Car Illustrated and
republished by Car and Driver magazine in January of 1970.
An article entitled “1959 Chevrolet Corvette — Dual-purpose sports cars for
1959,” originally published in December 1958 in Sports Car Illustrated
and republished in Car and Driver magazine in January of 1970.
An article entitled “Chevrolet Sting Ray — The fish-like snout of Bill
Mitchell’s Corvette-SS-based racing car has been nibbling at the exhaust
pipes of some highly exoteric iron lately,” originally published in March of
1961 in Sports Car Illustrated and republished by Car and Driver
magazine in January of 1970.
United States Patent Number 2,239,134 for Sintered Friction Article and
Method of Making Same, held by Samuel K. Wellman, with a patent date
of April 22, 1941.
United States Patent Number 2,945,291 for Frictional Material, held by
Thomas G. Ankeny, and John W. Arnett, assignors to General Motors
Corporation, with a patent date of July 19, 1960.
19
An article entitled “1963 Chevrolet Corvette Sting Ray — At long last
America has a formidable weapon to challenge Evrope’s fastest grand
touring cars on their home ground,” originally published in April of 1963
in Sports Car Illustrated and republished in Car and Driver magazine in
January of 1970.
2.
APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF
DEFENDANT HENNESSY INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP
101 West Broadway, Suite 2000
San Diego, CA 92101
Exhibit Content
1h An advertisement from General Motors regarding General Motors’ 1967
lines of performance vehicles, circa 1966.
12 An article entitled “1965 Ford Mustang Shelby GT350 ~ Shelby Takes
some Cobra venom, see and injects it into FoMeCo’s pony...,” originally
published in May of 1965 in Car and Driver magazine and republished in
May of 1970 by Car and Driver Magazine.
13 An advertisement from Hertz Rent a Car circa 1966 entitled “Hertz
presents the G.T. 350-H.”
14 The trademark details for Velvetouch™ filed on January 2, 1932 and a
registration drawing date of September 26, 1933, and for Velvetouch
Metalik™ filed on April 17, 1961.
15 A copy of an article from Popular Mechanics, published in January of
1962, entitled “Those New Metallic Brake Linings - How good ~ or bad?
PM makes its own exclusive tests for you.”
16 An advertisement from Brian Chuchua’s Four Wheel Drive Center for
VelveTouch Metalik powdered metal brake linings circa 1971 regarding
the 1972 line of Jeep vehicle’s compatibility with Velvetouch Metalik
brakes.
17 Portions of the deposition transcript of Albert D. Indelicato, in pertinent
part, taken in the matter of Stillman v. Allied Packing and Supply, et al,
Alameda County Case No. RG1052822.
18 Portions of the deposition transcript of Albert D. Indelicato, in pertinent
part, taken in the matter of Lepore, et al v. ACandS, et al, San Francisco
County Case No. CGC-09-275411.
19 Portions of Chevrolet Engineering Center’s 1961 Chevrolet Passenger Car
Specification manual.
20 Portions of the Chevrolet Parts and Accessories Catalogue, published by
Chevrolet Motor Division of General Motors Corporation, dated 1967.
21 Portions of Advance General Information for 1966 Passenger Car Models,
published by Chevrolet Central Office Distribution Department in 1965.
22 Portions of Chevrolet Chassis Group Parts Catalogue regarding brakes,
published/revised by GM Parts Division, General Motors Corporation in
1981.
23 Chevrolet V8 Cars & Corvette 1960 guide, published by General Motors.
Be
APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL PN SUPPORT OF
DEFENDANT HENNESSY INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP
161 West Broadway, Suite 2000
San Diego, CA 92101
sO50834/17983344y.¢
Co DD
Exhibit Content
24 Brochure for the 1962 Chevrolet Corvair Monza Spyder, distributed by
General Motors.
25 Vehicle Information kit for the 1960 Chevrolet Corvette “passenger car,”
as available at http://www.gmheritagecenter.com/docs/gm-heritage-
archive/vehicle-information-kits/Corvette/1960-Chevrolet-Corvette.pdf.
26 The Declaration of Lee Statler, executed on May 10, 2013.
27 Portions of the deposition of Michael Sherman, taken in Sherman, et al. v.
BASF Catalysts LLC, ei al., Los Angeles Superior Court case no.
BC481282, commenced in the matter on November }, 2012.
Dated: December 5, 2013 GORDON & REES LLP
By:
Steven A. Sobel
Lorrie A. Walker
Attorneys For Defendant
HENNESSY INDUSTRIES, INC.
ode
APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF
DEFENDANT HENNESSY INDUSTRIES, INC."S MOTION FOR SUMMARY JUDGMENT
Preview
Gordon & Rees LLP 101 West Broadway, Suite 2000 San Diego, CA 92101 STEVEN SOBEL (SBN: 177210) ssobel@gordonrees.com LORRIE A. WALKER (SBN: 272637) lwalker(@gordonrees.com GORDON & REES LLP 101 W. Broadway, Suite 2000 San Diego, CA 92101 Telephone: (619) 696-6700 Facsimile: (619) 696-7124 Attorneys for Defendant HENNESSY INDUSTRIES, INC. ELECTRONICALLY FILED Superior Court of California, County of San Francisco DEC 05 2013 Clerk of the Court BY: MICHAEL RAYRAY Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO ANTHONY CONTE, Plaintiff, vs. ASBESTOS DEFENDANTS (B“P) As Reflected on Exhibits B, B-1, C, F, G; and DOES 1-8500; and SEE ATTACHED LIST. Te ee ee ae Ne Ne ee! ee Ne (tt fit ‘it CASE NO. CGC-09-275046 Complaint filed: 01/30/09 APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC'S MOTION FOR SUMMARY JUDGMENT, ORIN THE ALTERNATIVE, SUMMARY ADJUDICATION Filed & Served Together . Notice of Motion and Motion . Memorandum of Points & Authorities . Separate Statement of Undisputed Facts . Request for Judicial Notice . Declaration of Craig Mountz . Declaration of Russell Darnell . Declaration of Lorrie A. Walker . Appendix of Exhibits 9. Appendix of Exhibits to Darel] Declaration WADA RWN Date: February 20, 2014 Time: 9:30 a.m. Judge: Teri Jackson Dept.: 503 ale APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC."S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP 101 West Broadway, Suite 2000 San Diego, CA 92101 APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL Exhibit Content Plaintiff Anthony Conte’s responses to Special Interrogatories, Set One propounded by Hennessy Industries, Inc. in this matter. The Declaration of Dr. David Egilman, in pertinent part, submitted in asbestos litigation in Norfolk County, State of Massachusetts. Excerpts from the book, Asbestos: Medical and Legal Aspects, Fourth Edition, by Barry 1. Castleman, published by Aspen Law & Business in 1996. Portions of an article from Asbestos magazine, entitled “Asbestos Substitutes in Friction Materials,” from Volume 64 of Asbestos magazine, with a publication date of February 1983. wa An article entitled “1958 Chevrolet Corvette — The ‘boulevard’ ‘Vette,” originally published in December of 1957 in Sports Car Illustrated and republished by Car and Driver magazine in January of 1970. An article entitled “1959 Chevrolet Corvette — Dual-purpose sports cars for 1959,” originally published in December 1958 in Sports Car Illustrated and republished in Car and Driver magazine in January of 1970. An article entitled “Chevrolet Sting Ray — The fish-like snout of Bill Mitchell’s Corvette-SS-based racing car has been nibbling at the exhaust pipes of some highly exoteric iron lately,” originally published in March of 1961 in Sports Car Illustrated and republished by Car and Driver magazine in January of 1970. United States Patent Number 2,239,134 for Sintered Friction Article and Method of Making Same, held by Samuel K. Wellman, with a patent date of April 22, 1941. United States Patent Number 2,945,291 for Frictional Material, held by Thomas G. Ankeny, and John W. Arnett, assignors to General Motors Corporation, with a patent date of July 19, 1960. 19 An article entitled “1963 Chevrolet Corvette Sting Ray — At long last America has a formidable weapon to challenge Evrope’s fastest grand touring cars on their home ground,” originally published in April of 1963 in Sports Car Illustrated and republished in Car and Driver magazine in January of 1970. 2. APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP 101 West Broadway, Suite 2000 San Diego, CA 92101 Exhibit Content 1h An advertisement from General Motors regarding General Motors’ 1967 lines of performance vehicles, circa 1966. 12 An article entitled “1965 Ford Mustang Shelby GT350 ~ Shelby Takes some Cobra venom, see and injects it into FoMeCo’s pony...,” originally published in May of 1965 in Car and Driver magazine and republished in May of 1970 by Car and Driver Magazine. 13 An advertisement from Hertz Rent a Car circa 1966 entitled “Hertz presents the G.T. 350-H.” 14 The trademark details for Velvetouch™ filed on January 2, 1932 and a registration drawing date of September 26, 1933, and for Velvetouch Metalik™ filed on April 17, 1961. 15 A copy of an article from Popular Mechanics, published in January of 1962, entitled “Those New Metallic Brake Linings - How good ~ or bad? PM makes its own exclusive tests for you.” 16 An advertisement from Brian Chuchua’s Four Wheel Drive Center for VelveTouch Metalik powdered metal brake linings circa 1971 regarding the 1972 line of Jeep vehicle’s compatibility with Velvetouch Metalik brakes. 17 Portions of the deposition transcript of Albert D. Indelicato, in pertinent part, taken in the matter of Stillman v. Allied Packing and Supply, et al, Alameda County Case No. RG1052822. 18 Portions of the deposition transcript of Albert D. Indelicato, in pertinent part, taken in the matter of Lepore, et al v. ACandS, et al, San Francisco County Case No. CGC-09-275411. 19 Portions of Chevrolet Engineering Center’s 1961 Chevrolet Passenger Car Specification manual. 20 Portions of the Chevrolet Parts and Accessories Catalogue, published by Chevrolet Motor Division of General Motors Corporation, dated 1967. 21 Portions of Advance General Information for 1966 Passenger Car Models, published by Chevrolet Central Office Distribution Department in 1965. 22 Portions of Chevrolet Chassis Group Parts Catalogue regarding brakes, published/revised by GM Parts Division, General Motors Corporation in 1981. 23 Chevrolet V8 Cars & Corvette 1960 guide, published by General Motors. Be APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL PN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC.’S MOTION FOR SUMMARY JUDGMENTGordon & Rees LLP 161 West Broadway, Suite 2000 San Diego, CA 92101 sO50834/17983344y.¢ Co DD Exhibit Content 24 Brochure for the 1962 Chevrolet Corvair Monza Spyder, distributed by General Motors. 25 Vehicle Information kit for the 1960 Chevrolet Corvette “passenger car,” as available at http://www.gmheritagecenter.com/docs/gm-heritage- archive/vehicle-information-kits/Corvette/1960-Chevrolet-Corvette.pdf. 26 The Declaration of Lee Statler, executed on May 10, 2013. 27 Portions of the deposition of Michael Sherman, taken in Sherman, et al. v. BASF Catalysts LLC, ei al., Los Angeles Superior Court case no. BC481282, commenced in the matter on November }, 2012. Dated: December 5, 2013 GORDON & REES LLP By: Steven A. Sobel Lorrie A. Walker Attorneys For Defendant HENNESSY INDUSTRIES, INC. ode APPENDIX OF EXHIBITS TO THE DECLARATION OF RUSSELL DARNELL IN SUPPORT OF DEFENDANT HENNESSY INDUSTRIES, INC."S MOTION FOR SUMMARY JUDGMENT