In re Toy Asbestos Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 Case No. 19-cv-00325-HSG

IN RE TOY ASBESTOS ORDER DENYING WARREN PUMPS,

LLC’S MOTION FOR SUMMARY

JUDGMENT Re: Dkt. No. 454

12 Pending before the Court is Defendant Warren Pumps, LLC’s motion for summary judgment. See Dkt. No. 454. For the reasons detailed below, the Court DENIES the motion. I. BACKGROUND Plaintiffs Agnes Toy and Thomas Toy, Jr. initially filed this action in Alameda Superior Court against over forty Defendants, alleging that Thomas H. Toy, Sr. developed malignant mesothelioma and later died from exposure to asbestos-containing products or equipment that Defendants either manufactured or supplied. See Dkt. No. 1-1. Defendants removed this action to federal court, Dkt. No. 1, and Plaintiffs filed a second amended complaint on July 22, 2019, Dkt. No. 247 (“SAC”). As relevant to this motion, Plaintiffs allege that Mr. Toy was exposed to asbestos…