Brown v. Asbestos Defendants et al

Filing 46

ORDER denying request to excuse representatives for Crane Co. from personally appearing at the settlement conference set for August 28, 2013. Signed by Magistrate Judge Jacqueline Scott Corley on 8/22/2013. (ahm, COURT STAFF) (Filed on 8/22/2013)

K&L GATES LLP
FOUR EMBARCADERO CENTER
SUITE 1200
SAN FRANCISCO, CA 94111
T [phone] F [phone] klgates.com

August 15, 2013

Bogdan-Alexandru Albu
[e-mail]
T [phone]
F [phone]

Honorable Jacqueline S. Corley
Dept. F
US District Court
Northern District of California
450 Golden Gate Avenue
San Francisco, CA 94111
Re: Oliver Brown v. Asbestos Defendants, et al.
Northern District of California District Court No. 3:09-cv-04681-CRB
Our Client: Crane Co.
Dear Judge Corley,
We respectfully request that the Court excuse Crane Co.’s corporate representative from
physically appearing at the August 28, 2013, settlement conference in the above-referenced
matter. Counsel will be physically present with full settlement authority, and Crane Co.’s
representative will be available by phone at all times during the conference.
Crane Co.’s corporate representatives and corporate headquarters are located on the east coast,
nearly 3,000 miles away. Travelling across the county to attend this settlement conference in
person will create significant costs, both in time and money. Crane Co. is a party to thousands of
cases throughout the country, exacerbating these costs. As the client’s physical presence at the
settlement conference will not likely benefit Mr. Brown or effect the settlement process, we ask
the court excuse the corporate representative’s physical presence to avoid undue costs.
As a party to numerous asbestos lawsuits throughout the country, Crane Co. has resolved a vast
majority of its cases out of court and without the in-person involvement of a corporate
representative. K&L Gates, national toxic tort counsel for Crane Co., resolves Crane Co. cases on
a nearly daily basis throughout the country. With the Brayton Purcell firm alone, K&L Gates has
resolved over 200 Crane Co. cases without the need for corporate representatives to physically
attend the settlement conferences. Crane Co., K&L Gates attorneys, and the Brayton Purcell firm
are all seasoned players in asbestos litigation. Having a corporate representative fly across the
country for a face to face conference is unlikely to influence the outcome in any material way.
Again, Crane Co.’s counsel will be physically present at the settlement conference with full
settlement authority. In addition, Crane Co.’s corporate representative will be immediately
available by telephone throughout the conference.

Page 2
August 15, 2013
Per the courts July 5, 2013 order, we have written to all counsel of record to meet and confer
regarding our request. Over two weeks ago, in a letter dated July 26, I invited counsel to contact
me directly with any questions, concerns, or objections to this Court’s excusing our client’s
physical presence at the settlement conference. I have received no responses to date.
For the reasons stated, Crane Co. respectfully requests that the Court excuse Crane Co.’s
corporate representative from physically attending the August 28, 2013 settlement conference.
Regards,

Bogdan-Alexandru Albu

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Dated: 8/22/2013

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