Smargisso

I. BACKGROUND

Ankiel served in the U.S. Navy as a boiler technician aboard the USS Hollister from October 1975 to April 1978. (Dkt. No. 144-2 at 4.) As part of his work, he operated the boilers in the fire rooms, repaired equipment such as valves, pumps, and boilers, and cleaned machinery spaces for general upkeep. Id. In April 2022, Ankiel was diagnosed with malignant mesothelioma and passed away shortly after diagnosis. (Dkt. No. 134-7.) Plaintiffs assert that Ankiel’s mesothelioma was caused by exposure to asbestos from his handling of various equipment components on the USS Hollister, including insulation, gaskets, and packing manufactured by Defendants.

II. DEFENDANT WARREN’S MOTION TO STRIKE ORTON’S TESTIMONY

“While the evidence presented at the summary judgment stage does not yet need to be in a form that would be admissible at trial, the proponent must set out facts that it will be able to prove through admissible evidence.” Norse v. City of Santa Cruz, 629 F.3d 966, 973 (9th Cir. 2010). At the summary judgment stage, the focus is therefore not on the “admissibility of the evidence’s form,” but rather on the “admissibility of its contents.” Fraser v.…