Gerald Livingston et al v. 3M Company et al

Filing 457

JUDGMENT by Judge William G Young, in favor of Schneider Electric USA, Inc. fka Square D Company against David Livingston, Douglas Livingston, Gerald Livingston, Patricia Ann Livingston. Plaintifs shall take nothing as to defendant Square D. By virtue of this judgment, Square D is entitled to its costs of suit. SEE JUDGMENT FOR COMPLETE DETAILS. Related to: MOTION for Summary Judgment as to Plaintiffs' Complaint 333 (MD JS-6, Case Terminated). (jre)

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MICHELE C. BARNES (SEN 187239)
[e-mail]

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K&L GATES LLP

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Four Embarcadero Center, Suite 1200
San Francisco, CA 94111

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Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendant
SCHNEIDER ELECTRIC USA, INC.
f/k/a SQUARE D COMPANY

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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PATRICIA ANN LIVINGSTON, both

individually and as personal

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representative of the estate of Gerald
Livingston, DEBORAH SHELBY,

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Case No. CV 12-01220 WGY(DTBx)

[jPROr^feED] JUDGMENT

DOUGLAS LIVINGSTON and DAVID
LIVINSTON

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Plaintiffs,
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vs.

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ABB, INC. et al
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Defendants.
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[PROPOSED] JUDGEMENT

[ptepebeQ] judgment

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By Order of this Court, Schneider Electric USA, Inc.'s ("Square D's") Motion

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for Summary Judgment has been GRANTED in finding that the Plaintiffs' claims

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against Square D fail as matter of law as:

(1)Plaintiffs fail to establish a reasonable inference that the Square D

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encountered by decedent, Gerald Livingston, contained asbestos; and,

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(2) Even if the products were shown to have contained asbestos, the Plaintiffs

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have not demonstrated that decedent would have been exposed to it in the

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course of his work.

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IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Judgment

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shall be, and hereby is, entered, dismissing Plaintiffs' claims against Square D in this

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action.

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DOUGLAS LIVINGSTON and DAVID LIVINGSTON shall take nothing as to

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defendant Square D. By virtue of this judgment. Square D is entitled to its costs of

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suit.

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IT IS SO ORDERED.

Plaintiffs

PATRICIA

ANN

LIVINGSTON,

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Dated:

HON. WILL!
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[PROPOSEDJ JUDGMENT

DEBORAH

SHELBY,

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Respectfully submitted,
Dated: December 17,2015

K&L GATES LLP

By; /s/Michele C. Barnes
MICHELE C. BARNES (SBN 187239)

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[e-mail]
K&L GATES LLP

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Four Embarcadero Center, Suite 1200
San Francisco, CA 94111

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Telephone: [phone]

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Facsimile: [phone]

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Attomeys for Defendant

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SCHNEIDER ELECTRIC USA, INC.
f/k/a SQUARE D COMPANY.

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[PROPOSED] JUDGMENT

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CERTIFICATE OF SERVICE

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I hereby certify that on December 17,2015,1 electronically filed the foregoing
document, DOCUMENT TITLE, with the clerk of the court for the U.S. District Court,

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Central District of California using the electronic case filing system of the court in
compliance with Local Rule 5-3.2.1. The electronic case filing system sent a "Notice
of Electronic Filing" to the attorneys of record who have consented to accept this
Notice as service of this document by electronic means.

A complete, duplicate copy of this document has been forwarded directly to
Judge Young in Boston, MA.

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/s/ Michele C. Barnes

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[PROFOSEDJ JUDGMENT