In re Toy Asbestos Litigation

I. BACKGROUND

18 Plaintiffs Agnes Toy and Thomas Toy, Jr. initially filed this action in Alameda Superior 19 Court against over forty Defendants, alleging that Thomas H. Toy, Sr. developed malignant 20 mesothelioma and later died from exposure to asbestos-containing products or equipment that 21 Defendants either manufactured or supplied. See Dkt. No. 1-1. Defendants removed this action to 22 federal court, Dkt. No. 1, and Plaintiffs filed a second amended complaint on July 22, 2019, Dkt. 23 No. 247 (“SAC”). 24 As relevant to these motions, Plaintiffs allege that Mr. Toy was exposed to asbestos from 25 pumps supplied by Defendant Warren and steam traps and strainers supplied by Defendant 26 Armstrong. See id. at ¶¶ 5–6. Plaintiffs served an expert report from Captain Burger, who offers 27 opinions regarding exposure to asbestos-containing materials aboard Navy ships and in shipyards. See Dkt. No. 451-1, Ex. C (“Burger Report”). Captain Burger is a former Naval Engineering officer and Project Manager in Marine Engineering. See id. at 1. He also served in the United States Navy as a Line Officer and an engineer aboard Navy vessels between 1956 and 1964, and in 4…