MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS FOR DELAY IN PROSECUTION PURSUANT TO CODE CIV. PROC. SECTIONS 583.310 AND 583.360 (TRANSACTION ID # 16362438) FILED BY DEFENDANT FLUOR CORPORATION

On July 22, 2002 an asbestos case was filed by Kirk, Douglas, and Thomas Dee Engineering Company, represented by Donadio, David R, and Pro Per, against American Standard, Inc., Asbestos Defendants, Babcock Borsig Power Inc Ref To As Db Riley Inc et al. represented by Biderman, David T., Blomquist, Sonja Elizabeth, Brown, Eugene et al. in the jurisdiction of San Francisco County. Judge Teri L. Jackson presiding.

                        
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Stephen J. Foley, Esq. SBN 220752 Stephen L. Jenkins, Esq. _ SBN 235601 ELECTRONI Foley & Mansfield, P-L.LP. FILE 1111 Broadway, 10" Floor Superior Court of Oakland, CA 94607 County of San Telephone: (510) 590-9500 SEP 19 21 Facsimile: (510) 590- ‘acsimile: (510) 9595 GORDON PAR ‘Attorneys for Defendant BY: WILLIAM TR FLUOR CORPORATION SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ~- UNLIMITED JURISDICTION DOUGLAS KIRK Case No. 410512 Plaintiff, “Asbestos-Related Case” vs. ASBESTOS DEFENDANTS (BHC), Defendants. DEFENDANT FLUOR CORPORATION’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO DISMISS FOR DELAY IN PROSECUTION PURSUANT TO CODE CIV. PROC. SECTIONS 583.310 AND 583.360 Date: November 1, 2007 ime: 9:30am. Dept: 302 Date of Complaint: July 22, 2007 Trial Date: Not set 1 _ INTRODUCTION In July of 2002, Plaintiff DOUGLAS KIRK commenced this action against dozens of defendants and Does 1-800, alleging that he suffered from asbestosis …

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