MICHAEL BELDING VS. HONEYWELL INTERNATIONAL, INC. et al
Case Summary
Case Details
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Case Number:
*******6183
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Filing Date:
08/29/2013
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Case Status:
Not Classified By Court
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Case Type:
Personal Injury - Asbestos Product Liability
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Courthouse:
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County, State:
San Francisco, California
Party Details
Plaintiff
BELDING, MICHAEL
Defendants
SUN SHIP, LLC
OWENS-ILLINOIS, INC.
INGERSOLL-RAND COMPANY
CBS CORPORATION, A DELAWARE CORPORATION FKA VIACOM INC., SUCCESSOR BY MERGER TO CBS CORPORATION, A PENNSYLVANIA CORPORATION, FKA WESTINGHOUSE ELECTRIC CORPORATION
A.W. CHESTERTON COMPANY
FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
HONEYWELL INTERNATIONAL, INC.
BORGWARNER MORSE TEC INC., AS SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION
HONEYWELL INTERNATIOANL INC., F/K/A ALLIEDSIGNAL INC., SUCCESSOR-IN-INTEREST TO THE BENDIX CORPORATION
PARKER HANNIFIN CORPORATION
DOES 1 TO 800, INCLUSIVE
ASSOCIATED INSULATION OF CALIFORNIA
FMC CORPORATION ON BEHALF OF ITS FORMER CHICAGO PUMP BUSINESS
WESTERN MACARTHUR COMPANY
FLOWSERVE US INC.
J.T. THORPE & SON, INC.
HOPEMAN BROTHERS, INC.
MACARTHUR COMPANY
METROPOLITAN LIFE INSURANCE COMPANY
Attorney/Law Firm Details
Plaintiff Attorney
BRAYTON, ALAN RICHARD
Attorney at BRAYTON PURCELL LLP
222 Rush Landing Road, P.O. Box 6169
Novato, CA 94948
Defendant Attorneys
KELLEY, RENEE C.
Attorney at SCHIFF HARDIN LLP
One Market, Spear Street Tower, Thirty-Second Floor
San Francisco, CA 94105
JOHNSON, DEREK S.
Attorney at WFBM, LLP
601 Montgomery Street, 9Th Floor
San Francisco, CA 94111
POND, FRANK D
Pond North Llp, 350 South Grand Avenue, Suite 3300
Los Angeles, CA 90071
SHARP, GARY D
Attorney at FOLEY & MANSFIELD, PLLP
300 Lakeside Drive, Ste 1900
Oakland, CA 94612
GREENE, RAYMOND ALBERT
Attorney at BURNHAM BROWN
P.O. Box 119, 1901 Harrison St., 11Th Floor
Oakland, CA 94604
BIDERMAN, DAVID T.
Attorney at PERKINS COIE LLP
Four Embarcadero Center #2400
San Francisco, CA 94111
BASSI, MARTE JOSEPH
Attorney at BASSI, EDLIN, HUIE, & BLUM LLP
500 Washington St., Ste. 700
San Francisco, CA 94111
FADEFF, JEFFERY JOHN
Attorney at BASSI, EDLIN, HUIE & BLUM LLP
500 Washington Street, Ste 700
San Francisco, CA 94111
OBERG, LISA L
Attorney at DENTONS US LLP
One Market Plaza, Spear Tower, 24Th Floor
San Francisco, CA 94105
SPIRA, KIRSTEN HICKS
Attorney at STEPTOE & JOHNSON LLP
633 West Fifth Street, Ste 700
Los Angeles, CA 90071
Other Attorneys
JACKSON, GABRIEL ANNE
Attorney at JACKSON JENKINS RENSTROM LLP
55 Francisco Street, 6Th Floor
San Francisco, CA 94133
MCCALL, MICHAEL T
Attorney at WFBM, LLP
601 Montgomery St., Ninth Flr.
San Francisco, CA 94111-2612
Court Documents
REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57564465) FILED BY DEFENDANT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
PLAINTIFFS SEPARATE STATEMENT OF DISPUTED MATERIAL FACTS IN OPPOSITION TO DEFENDANT FLOWSERVE US INC.S MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57529973) FILED BY PLAINTIFF BELDING, MICHAEL
DECLARATION OF JAMIE A. NEWBOLD SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT FLOWSERVE US INC.S MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57529973) FILED BY PLAINTIFF BELDING, MICHAEL
PLAINTIFFS MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANT FLOWSERVE US INC.S MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57529973) FILED BY PLAINTIFF BELDING, MICHAEL
SEPARATE STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57210693) FILED BY DEFENDANT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
INDEX OF EXHIBITS C-E TO THE DECLARATION OF NICOLE BROWN YUEN IN SUPPORT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION'S MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57210693) FILED BY DEFENDANT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
INDEX OF EXHIBITS A-B TO THE DECLARATION OF NICOLE BROWN YUEN IN SUPPORT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION'S MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57210693) FILED BY DEFENDANT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
DECLARATION OF NICOLE BROWN YUEN IN SUPPORT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION'S MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57210693) FILED BY DEFENDANT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATIONS MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (TRANSACTION ID # 57210693) FILED BY DEFENDANT FLOWSERVE US, INC. AS SUCCESSOR-IN-INTEREST TO DURAMETALLIC CORPORATION
ASBESTOS, COMPLAINT & PRELIMINARY FACT SHEET FILED BY PLAINTIFF BELDING, MICHAEL AS TO DEFENDANT HONEYWELL INTERNATIONAL, INC. DOES 1 TO 800, INCLUSIVE A.W. CHESTERTON COMPANY ASSOCIATED INSULATION OF CALIFORNIA BORGWARNER MORSE TEC INC., AS SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION CBS CORPORATION (FKA VIACOM INC., FKA WESTINGHOUSE ELECTRIC CORPORATION) CLUTCH & BRAKE XCHANGE, INC. CROWN CORK & SEAL COMPANY, INC. CUMMINS INC. FLOWSERVE US INC. FMC CORPORATION HOPEMAN BROTHERS, INC. INGERSOLL-RAND COMPANY J.T. THORPE & SON, INC. MACARTHUR COMPANY METROPOLITAN LIFE INSURANCE COMPANY OWENS-ILLINOIS, INC. PARKER HANNIFIN CORPORATION SUN SHIP, LLC THOMAS DEE ENGINEERING COMPANY WESTERN ASBESTOS COMPANY WESTERN MACARTHUR COMPANY SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR AUG-21-2014 COMPLEX LITIGATION ASSIGNMENT REQUESTED BY FILING PARTIES; FEE INCLUDED IN FILING FEE (Fee:1450.00)
NOTICE TO PLAINTIFF
ANSWER TO COMPLAINT (TRANSACTION ID # 54164108) FILED BY DEFENDANT CUMMINS INC. (Fee:1450.00)
DEMAND FOR JURY (TRANSACTION ID # 54164108) FILED BY DEFENDANT CUMMINS INC.
DEFENDANT CUMMINS, INC.S OBJECTION TO STIPULATION OF HEARING BY COMMISSIONER (TRANSACTION ID # 54164108) FILED BY DEFENDANT CUMMINS INC.
SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-09-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT CBS CORPORATION (FKA VIACOM INC., FKA WESTINGHOUSE ELECTRIC CORPORATION)
SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-10-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT SUN SHIP, LLC
SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-09-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT PARKER HANNIFIN CORPORATION
SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-09-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT OWENS-ILLINOIS, INC.
Docket Entries
- 02/04/2016
- View Court Documents
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DISMISSAL WITH PREJUDICE (TRANSACTION ID # 58526956) AS TO DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY
- 01/20/2016
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ADDED TO CALENDAR FOR ASBESTOS ORDER TO SHOW CAUSE RE DISMISSAL OF ENTIRE ACTION PURSUANT TO CRC 3.1385. MATTER REPORTED TO DEPT. 603 THAT THE CASE SETTLED. (503) HEARING SET FOR JUN-02-2016 AT 09:30 AM IN DEPT 503
- 01/14/2016
- View Court Documents
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DISMISSAL WITH PREJUDICE (TRANSACTION ID # 58429850) AS TO DEFENDANT THOMAS DEE ENGINEERING COMPANY
- 11/19/2015
- View Court Documents
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DISMISSAL WITH PREJUDICE (TRANSACTION ID # 58190557) AS TO DEFENDANT SUN SHIP, LLC
- 10/30/2015
- View Court Documents
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DISMISSAL WITH PREJUDICE OF COMPLAINT PLAINTIFF HEREBY DISMISSES ALL ALLEGATIONS, IF ANY, RELATED TO EXPOSURE TO ASBESTOS ON OR AFTER DECEMBER 5, 1980 AS TO THOMAS DEE ENGINEERING COMPANY AND HEREBY AMENDS HIS OR HER COMPLAINT(S) ACCORDINGLY (TRANSACTION ID # 58095313)
- 10/21/2015
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REMOVED FROM ASBESTOS JURY TRIAL CALENDAR SET FOR OCT-21-2015 - CASE SETTLED. JUDGE HAROLD KAHN, CLERK: YOLANDA MAZARIEGOS, PROCEEDINGS NOT REPORTED. (613)
- 10/19/2015
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SBESTOS JURY TRIAL SET FOR OCT-19-2015 CONTINUED TO OCT-21-2015 AT 2:00 PM IN 613, FOR MOTIONS IN LIMINE. JASON ROSE, ESQ., OF BRAYTON AND PURCELL APPEARING FOR PLAINTIFFS. MISHAN WROE, ESQ., APPEARING FOR DEFENANT OWENS- ILLINOIS, INC./ONLY DEFENDANT LEFT. HON. HAROLD KAHN, CLERK: YOLANDA MAZARIEGOS, PROCEEDINGS REPORTED BY: TARA L. WILLLIAMS, CSR#13428, TELEPHONE # 877-451 1580. (613)
- 10/14/2015
- View Court Documents
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OPPOSITION TO DEFENDANT OWENS-ILLINOIS, INC.S MOTION IN LIMINE TO EXCLUDE CORRESPONDENCE BETWEEN HAROLD BOESCHENSTEIN AND EDWARD AMES (TRANSACTION ID # 58018594) FILED BY PLAINTIFF BELDING, MICHAEL
- 10/14/2015
- View Court Documents
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OPPOSITION TO DEFENDANT OWENS-ILLINOIS, INC. MOTION IN LIMINE TO EXCLUDE ARTICLES AND ADVERTISEMENTS NOT SEEN OR RELIED UPON BY THE PLAINTIFF (TRANSACTION ID # 58018594) FILED BY PLAINTIFF BELDING, MICHAEL
- 10/14/2015
- View Court Documents
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OPPOSITION TO DEFENDANT OWENS-ILLINOIS, INC.S MOTION IN LIMINE TO EXCLUDE THE SO-CALLED AMES DOCUMENTS FROM ADMISSION INTO EVIDENCE AGAINST DEFENDANT OWENS-ILLINOIS, INC. (TRANSACTION ID # 58018594) FILED BY PLAINTIFF BELDING, MICHAEL
- 09/24/2013
- View Court Documents
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SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-10-2013, PERSONAL SERVICE ON DEFENDANT METROPOLITAN LIFE INSURANCE COMPANY
- 09/24/2013
- View Court Documents
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SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-09-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT OWENS-ILLINOIS, INC.
- 09/24/2013
- View Court Documents
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SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-09-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT PARKER HANNIFIN CORPORATION
- 09/24/2013
- View Court Documents
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SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-10-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT SUN SHIP, LLC
- 09/24/2013
- View Court Documents
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SUMMONS ON COMPLAINT (TRANSACTION ID # 54273930), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BELDING, MICHAEL SERVED SEP-09-2013, CERTIFIED OR REGISTERED MAIL - OUT OF STATE ON DEFENDANT CBS CORPORATION (FKA VIACOM INC., FKA WESTINGHOUSE ELECTRIC CORPORATION)
- 09/13/2013
- View Court Documents
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DEFENDANT CUMMINS, INC.S OBJECTION TO STIPULATION OF HEARING BY COMMISSIONER (TRANSACTION ID # 54164108) FILED BY DEFENDANT CUMMINS INC.
- 09/13/2013
- View Court Documents
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DEMAND FOR JURY (TRANSACTION ID # 54164108) FILED BY DEFENDANT CUMMINS INC.
- 09/13/2013
- View Court Documents
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ANSWER TO COMPLAINT (TRANSACTION ID # 54164108) FILED BY DEFENDANT CUMMINS INC. (Fee:1450.00)
- 08/29/2013
- View Court Documents
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NOTICE TO PLAINTIFF
- 08/29/2013
- View Court Documents
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ASBESTOS, COMPLAINT & PRELIMINARY FACT SHEET FILED BY PLAINTIFF BELDING, MICHAEL AS TO DEFENDANT HONEYWELL INTERNATIONAL, INC. DOES 1 TO 800, INCLUSIVE A.W. CHESTERTON COMPANY ASSOCIATED INSULATION OF CALIFORNIA BORGWARNER MORSE TEC INC., AS SUCCESSOR-BY-MERGER TO BORG-WARNER CORPORATION CBS CORPORATION (FKA VIACOM INC., FKA WESTINGHOUSE ELECTRIC CORPORATION) CLUTCH & BRAKE XCHANGE, INC. CROWN CORK & SEAL COMPANY, INC. CUMMINS INC. FLOWSERVE US INC. FMC CORPORATION HOPEMAN BROTHERS, INC. INGERSOLL-RAND COMPANY J.T. THORPE & SON, INC. MACARTHUR COMPANY METROPOLITAN LIFE INSURANCE COMPANY OWENS-ILLINOIS, INC. PARKER HANNIFIN CORPORATION SUN SHIP, LLC THOMAS DEE ENGINEERING COMPANY WESTERN ASBESTOS COMPANY WESTERN MACARTHUR COMPANY SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR AUG-21-2014 COMPLEX LITIGATION ASSIGNMENT REQUESTED BY FILING PARTIES; FEE INCLUDED IN FILING FEE (Fee:1450.00)
Tentative Rulings
| Case Number: | *******6183 | |
| Case Title: | MICHAEL BELDING VS. HONEYWELL INTERNATIONAL, INC. et al | |
| Court Date: | JUL-23-2015 09:30 AM | |
| Calendar Matter: | MOTION FOR SUMMARY JUDGMENT | |
| Rulings: | On Asbestos Law and Motion Calendar for Thursday, July 23, 2015 in Department 503, Line 3. Defendant Flowserve US, Inc.'s motion for summary judgment is granted. Defendant sustained its initial burden. Plaintiff failed to present admissible evidence to create a triable issue whether he was exposed to asbestos-containing products or materials attributable to defendant. Even if plaintiff's declaration is admissible in its entirety, plaintiff failed to present admissible evidence to create a triable issue whether the Durametallic packing to which he was exposed contained asbestos. Defendant's objections to the declarations of plaintiff and Charles Ay are sustained. If a hearing is requested, it will be at 10:30a.m. A court reporter will not be provided by the court. If any party wishes to have the matter reported, the parties must meet and confer to agree on only one court reporter for any reported matter in this case. There will be only one official record in a case. The designated reporter must be licensed pursuant to Bus. & Prof. Code, Sec. 8016. If the parties are unable to agree on one reporter, the court will designate a qualified court reporter that will provide the official transcript for the matter. The party or parties shall pay for the cost of reporter. Any party who contests a tentative ruling must send an email to contestasbestostr@sftc.org by 4:30pm stating their intention to contest. If a tentative ruling is contested, the prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must bring the proposed order to the hearing. If a tentative ruling is not contested, the prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must either bring the proposed order to the hearing or submit it after the hearing in compliance with CRC 3.1312. = (503/TLJ) |
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