F:\WP\Cases\3208\PLEADINGS\OUASH\Cosentino's MTO\2023-12--04, Deel of RM.wpd
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`ELECTRONICALLY
`F I L E D
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`Superior Court of California,
`County of San Francisco
`12/04/2023
`Clerk of the Court
`BY: RONNIE OTERO
`Deputy Clerk
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`....
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`1 METZGER LAW GROUP, APLC
`RAPHAEL METZGER, ESQ., SBN 116020
`rmetz 1er iv.toxictorts.com
`., SBN 215951
`'
`.
`sbrust~oxictorts.com
`555 E~CEAN BLVD., SUITE 800
`4 LONG BEACH, CA 90802
`(562) 437-4499 Phone; (562) 436-1561 Fax
`
`3
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`5
`BRAYTON PURCELL LLP
`6 ALAN R. BRAYTON, ESQ., SBN 73685
`abrayton~braytonlaw.com
`7 GILBERT L. PURCELL, ESQ., SBN 113603
`gpurcell@braytonlaw.com
`JAMES P. NEVIN, ESQ., SBN 220816
`8
`jnevin~braytonla w .com
`9 222 RUSH LANDING RD.
`NOVATO, CA 94945-2469
`(415) 898-1555 Phone; (415) 898-1247 Fax
`
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`11 Attorneys for Plaintiffs, JORGE ESTRELLA-MORENO .
`and MARIA DOLORES VALENCIA-CARDENAS
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`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF SAN FRANCISCO
`
`JORGE ESTRELLA-MORENO and
`MARIA DOLORES VALENCIA(cid:173)
`CARDENAS,
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`Plaintiffs,
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`vs.
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`ALL NATURAL STONE BURLINGAME,
`INC.; ANTOLINI LUIGI & CSPA, an
`Italian corporation; ARCHITECTURAL
`SURF ACES, INC., a Texas corporation;
`ARCHITECTURAL SURF ACES GROUP,
`LLC, a Delaware limited liability company;
`et al.,
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`Defendants.
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`CASE NO. CGC-23-605643
`
`DECLARATION OF RAPHAEL
`METZGER IN SUPPORT OF
`PLAINTIFFS' OPPOSITION TO
`COSENTINO GROUP'S MOTION TO
`QUASH SERVICE OF SUMMONS
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`[Concurrently filed with Memorandum of
`Points and Authorities; Declaration of
`Heather-Ann Young; Request for Judicial
`Notice, Objections to Declaration of Jorge
`Cuervo Vela; Notice of Lodgment of Federal
`Cases]
`
`DATE: December 15, 2023
`TIME: 9:00 a.m.
`DEPT: 302
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS'
`OPPOSITION TO COSENTINO GROUP'S MOTION TO QUASH
`SERVICE OF SUMMONS
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`
`

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`F:IWP\Cases\3208\PlEAOINGS\QUASH\Cosentino's MTQ\2023-12-04, Deel of RM.wpd
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`DECLARATION OF RAPHAEL METZGER
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`I, Raphael Metzger, declare as follows:
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`1.
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`I am an attorney at law, duly licensed and authorized to practice law in the
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`State of California.
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`2.
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`Unless the context indicates otherwise, I have personal knowledge of the
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`7 matters set forth hereinafter and, if called as a witness, I could and would competently testify thereto.
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`3.
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`My firm, along with Brayton Prcell, represents JORGE ESTRELLA-
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`9 MORENO and MARIA DOLORES VALENCIA-CARDENAS, the plaintiffs in this action, as well
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`as another 19 plaintiffs in similar cases that are pending in different counties in the State of
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`California.
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`4.
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`This declaration is submitted in support of Plaintiffs opposition to Cosentino
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`Group's motion to quash summons claiming inadequate service and lack of specific jurisdiction.
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`Initial Efforts to Serve Cosentino Group in this Case
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`5.
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`Upon confirming with my client, JORGE ESTRELLA-MORENO, that he
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`fabricated Cosentino artificial stone slabs and was exposed to dust from Cosentino Group's products,
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`I named Cosentino Group as a defendant in this case, along with its wholly owned domestic
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`subsidiary C & C North America.
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`6.
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`My firm promptly sought to serve Cosentino Group served with the summons
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`and complaint in this case.
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`7.
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`On October 17, 2022, a secretary in my office mailed the Summons and
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`Complaint to Rogelio Villanueva, Chief Financial Officer of the Cosentino Group at 355 Alhambra
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`Circle, Suite 100, Coral Gables, Florida 33134. A proof of service was thereupon filed on November
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`30, 2022.
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`8.
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`On May 12, 2023, Cosentino Group specially appeared in this case by filing
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`a motion to quash service of summons. In that motion, Cosentino Group asserted that service of the
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
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`

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`F:IWP\Cases\3208\PLEADINGS\QUASH\Cosentino's MTQ\2023-12-04, Deel of RM.wpd
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`summons and complaint on Mr. Villaneuva did not constitute service on Cosentino Group because
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`Mr. Vela, although an officer of Cosentino Group's wholly owned domestic subsidiary, C & C North
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`America, Inc., was not an officer of Cosentino Group.
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`9.
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`My firm therefore hired an attorney service in Florida to serve Eduardo
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`Cosentino, Executive Vice-President of Global Corporate Sales of the Cosentino Group, at C&C
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`North America's corporate headquarters in Florida where he works or at his home. However, the
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`7 process server was unable to serve Eduardo Cosentino at either location, because the process server
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`8 was not allowed to personally serve Mr. Cosentino at the corporate headquarters of C&C North
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`9 America or at his home in a gated community.
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`Efforts to Obtain Jurisdictional Discovery
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`10. When Cosentino Group first specially appeared in this case on May 12, 2023,
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`I propounded jurisdictional discovery to Cosentino Group to obtain admissible evidence to submit
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`to the Court in opposition to Cosentino's motion. That discovery consisted of the following
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`documents:
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`A.
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`Plaintiffs First Set of Requests for Admission Propounded to
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`Defendant Cosentino Group, S.A., as Jurisdictional Discovery, dated May 19, 2023, a true and
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`19 correct copy of which is attached hereto as Exhibit "1 ";
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`20
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`B.
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`Plaintiffs First Set of Form Interrogatories Propounded to Defendant
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`21 Cosentino Group, S.A., as Jurisdictional Discovery, dated May 19, 2023, a true and correct copy of
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`22 which is attached hereto as Exhibit "2";
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`C.
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`Plaintiffs First Set of Requests for Production of Documents
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`Propounded to Defendant Cosentino Group, S.A., as Jurisdictional Discovery, dated May 19, 2023,
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`a true and correct copy of which is attached hereto as Exhibit "3 ".
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`11.
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`Plaintiffs Requests for Admission asked Cosentino Group to admit the
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`authenticity of documents that were attached to the Requests for Admission and also requested
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`Cosentino Group to admit facts set forth in those documents, so that my firm would have such
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
`
`

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`F:IWPICases\3208\PLEADINGS\QUASH\Cosentino's MTQ\2023-12-04, Deel of RM.wpd
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`evidence in admissible form to present to the Court in opposition to Cosentino's motion to quash
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`summons.
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`12.
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`Cosentino Group refused to submit to jurisdictional discovery at the time. I
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`therefore requested the Court to require Cosentino Group to respond to the jurisdictional discovery
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`that my firm had served on it on May 19, 2023.
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`13.
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`On June 9, 2023, the court heard Cosentino Group's motion to quash and
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`7 granted the motion on the basis that service of the summons and complaint had not been made on
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`8 an officer or director of the company. A Notice of Ruling dated June 12, 2023 by Cosentino' s
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`9 counsel stated: "1. Special Appearing Defendant Cosentino Group, S .A.' s motion to quash service
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`10 of summons is GRANTED, 2. Specially Appearing Defendant Cosentino Group, S.A. is dismissed
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`from the instant matter ... without prejudice, 3. Specially Appearing Defendant Cosentino Group,
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`S.A. to give notice." (Emphasis added)
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`14.
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`Because the Court dismissed Cosentino Group because the summons and
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`complaint had not been served on an officer or director of Cosentino Group, the Court did not
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`address Plaintiffs request for jurisdictional discovery at the time.
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`Renewed Efforts to Serve Cosentino Group
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`15.
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`To properly serve the Cosentino Group, my firm consulted with an
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`international service of process firm to effectuate service of the complaints in the 20 silicosis cases
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`that my firm had thus far filed on Cosentino Group in compliance with the technical requirements
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`22 of the Hague Convention.
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`16.
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`An expert in international service of process employed by the international
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`service of process firm informed me that serving Cosentino Group in Spain through the Central
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`Authority would take approximately 1 year, i.e., after the trial date set by the Court. However, that
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`expert advised that Cosentino could be served more expeditiously in compliance with the
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`requirements of the Hague Convention by serving an officer of Cosentino Group in a country other
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`than Spain.
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
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`

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`F:IWP\Cases\3208\PLEADINGS\OUASH\Cosentino's MTQ\2023-12-04, Deel of RM.wpd
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`17.
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`I thereupon ascertained that Eduardo Cosentino would be attending the
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`opening of a new Cosentino showroom in Vancouver, British Columbia on September 13, 2023,
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`whereupon the international service of process company that I retained made arrangements to serve
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`Eduardo Cosentino with the summons and Second Amended Complaint in this case as well as the
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`operative complaints in the other 19 silicosis cases.
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`18.
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`During the evening of September 13, 2023, the Summons and Second
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`7 Amended Complaint in this case were personally served on Eduardo Cosentino, an officer of
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`8 Cosentino Group, in Vancouver, British Columbia, Canada. Attached hereto as Exhibit "4" is a true
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`9 and correct copy of the Affidavit of Service Upon Defendant Cosentino Group by Vladimir Raiman,
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`10 attesting to personal service of the Summons and Second Amended Complaint in this case on
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`Eduardo Cosentino, Executive Vice-President of Global Corporate Sales of the Cosentino Group.
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`Renewed Efforts to Obtain Jurisdictional Discovery
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`19.
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`Shortly after effecting service on the Cosentino Group on September 13, 2023,
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`I spoke with Patrick J. Foley of Lewis, Brisbois Bisgaard & Smith, which firm represents Cosentino
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`Group, and asked Mr. Foley whether Cosentino Group would respond to the jurisdictional discovery
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`my firm had earlier propounded now that we had personally served an officer of Cosentino Group,
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`so the Court could hear and determine Cosentino Group's anticipated motions to quash service based
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`20 on a factually developed evidentiary record. Mr. Foley told me he would discuss my request with
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`21 his client and get back to me whether Cosentino Group would respond to the jurisdictional
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`22 discovery.
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`20.
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`Days passed without any response from Mr. Foley. I therefore sent Mr. Foley
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`an email on October 4, 2023, asking him to at least do me the courtesy of informing me whether
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`Cosentino Group would respond to the jurisdictional discovery. Attached hereto as Exhibit "5" is
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`a true and correct copy of my email to Mr. Foley dated October 4, 2023, requesting such.
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`21.
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`Finally, on October 5, 2023, I received an email from Mr. Foley which stated,
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`in its entirety: "Raphael, we are not amenable to stipulate to jurisdictional discovery." Attached
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
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`

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`hereto as Exhibit "6" is a true and correct copy of Mr. Foley's email to me of October 5, 2023.
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`F:\WP\Cases\3208\PLEADINGS\QUASH\Cosentino's MTQ\2023-12-04, Deel of RM.wpd
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`Cosentino's Motion to Quash Service
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`22.
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`As I had anticipated, Cosentino Group thereafter filed motions to quash
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`service in each of the cases, claiming that service of process was insufficient to comply with the
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`requirements of the Hague Convention and that Cosentino Group does no business in the State of
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`8 California. Cosentino's motion to quash were served in this case and all the other silicosis cases on
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`9 October 12, 2023.
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`23.
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`Upon associating Brayton Purcell into the silicosis cases as co-counsel for my
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`firm's silicosis clients, it was agreed between my firm and Brayton Purcell that Brayton Purcell
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`12 would handle all written discovery so that my firm could focus our attention on other matters in these
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`cases. The attorney at Brayton Purcell who is in charge of propounding written discovery is Heather-
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`14 Ann Young, who has now propounded jurisdictional discovery to Cosentino Group in this case. I
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`15 have requested Ms. Young to submit a declaration to the court in support of Plaintiff's opposition
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`to Cosentino's motion to quash; her declaration in support of Plaintiff's opposition to Cosentino's
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`17 motion to quash is concurrently being filed herewith.
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`Necessity of Jurisdictional Discovery
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`24_ My clients, JORGE ESTRELLA-MORENO and MARIA DOLORES
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`VALEN CIA-CARDENAS, and my firm's other silicosis clients need Cosentino Group's responses
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`to the jurisdictional discovery propounded by my co-counsel in this case in order to present
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`admissible evidence to the court in opposition to Cosentino' s motions to quash service. I therefore
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`request that the Court direct Cosentino Group to submit to the jurisdictional discovery propounded
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`by Plaintiff in this case so my firm may present evidence in opposition to the Cosentino Group's
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`motion to quash in admissible form and so the Court may rule on the Cosentino Group's motion to
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`quash based on a developed factual record based on admissible evidence, rather than ruling on
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
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`

`

`Cosentino Group's motion to quash based on the self-serving and conclusory statements in the
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`Declaration of Jorge Cuervo Vela to which Plaintiff has objected.
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`F:IWP\Cases\3208\PLEADINGS\QUASH\Cosentino's MTQ\2023-12--04, Deel of RM.wpd
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`Service of Process Issues Raised by Cosentino Group
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`25.
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`Based on the case authorities cited in Plaintiffs Memorandum of Points and
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`(J)l--:r
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`7 Authorities, I believe that Cosentino Group has been served with the summons and Second Amended
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`8 Complaint in this action in compliance with the requirements of the Hague Convention and that
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`9 nothing further is necessary for this court to assert jurisdiction over Cosentino Group. Nevertheless,
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`10 my firm has also sent the pleadings that were served on Eduardo Cosentino in Vancouver to
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`11 Cosentino Group in Spain, so that Cosentino Group would receive and have the pleadings at its
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`12 corporate offices in Spain. Since Cosentino Group claims that proper "sub-service" of Cosentino
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`in Spain is necessary for this Court to assert jurisdiction over Cosentino Group, I will inform the
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`14 Court of my firm's "sub-service" of Cosentino Group by Federal Express and by mail, even though
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`I do not believe that such additional forms of service are necessary for this Court to assert
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`jurisdiction over Cosentino Group.
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`26.
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`On September 15, 2023, shortly after Eduardo Cosentino was personally
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`served with the summons and operative complaint in this case, my firm sent copies of the summons
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`19 and complaint via Federal Express International Priority, Tracking Number 783826293331, to
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`20 Cosentino' s corporate headquarters in Spain. The package was delivered to Cosentino in Spain on
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`21 September 20, 2023 and was signed for by S. Uministros at Cosentino's corporate headquarters in
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`22 Cantoria, Spain. Attached hereto as Exhibit "7" is a true and correct copy of the delivery receipt that
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`my firm received from Federal Express.
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`27.
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`Additionally, my secretary sent copies of the summons and complaint to
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`Cosentino Group's corporate headquarters in Spain by First Class Mail, postage pre-paid, with return
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`receipt requested. Thus, my firm has also served Cosentino by this additional method, which
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`Cosentino contends is the required method of mail service, rather than Federal Express. While my
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`firm has received written confirmation of service by Federal Express on Cosentino Group in Spain,
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
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`

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`we have not yet received written confirmation of service via return receipt with signature by First
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`Class Mail, because First Class Mail takes a very long time to effectuate abroad.
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`F:\WP\Cases\3208\PLEADINGS\OUASH\Cosentino's MTO\2023-12-04, Deel of RM.wpd
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`28.
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`For all the foregoing reasons, I respectfully request the Court to deny
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`Cosentino Group's motion to quash service of summons in this case and require it to file a
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`responsive pleading forthwith.
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`I declare under penalty of perjury under the laws of the State of California that the
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`foregoing is true and correct.
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`Executed December 5, 2023, at Long Beach, California.
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`DECLARATION OF RAPHAEL METZGER IN SUPPORT OF PLAINTIFFS' IN OPPOSITION TO
`COSENTINO GROUP'S MOTION TO QUASH SERVICE OF SUMMONS
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`

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`EXHIBIT 1
`EXHIBIT 1
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`9
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`

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`F:\WP\Cases\3032\DISC-DOC\ADMISS'N.REO\Cosentino Group SA\Jurisdlctional RFAs-Final.wpd
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`METZGER LAW GROUP
`A PROFESSIONAL LAW CORPORATION
`RAPHAEL METZGER, ESQ., SBN 116020
`SCOTT P. BRUST, ESQ., SBN 215951
`555 E. OCEAN BLVD., SUITE 800
`LONG BEACH, CA 90802
`TELEPHONE: ~562~ 437-4499
`TELECOPIER: 562 436-1561
`WEBSITE: www.toxictorts.com
`
`Attorneys for Plaintiff,
`GUSTA VO REYES-GONZALEZ
`
`SUPERIOR COURT OF THE STATE OF CALIFORNIA
`
`FOR THE COUNTY OF LOS ANGELES
`
`CASE NO. 22STCV31907
`Reassigned to the Hon. William F. Fahey,
`Dept. 69
`
`PLAINTIFF'S FIRST SET OF
`REQUESTS FOR ADMISSION
`PROPOUNDED TO DEFENDANT
`COSENTINO GROUP, S.A., AS
`JURISDICTIONAL DISCOVERY
`
`GUSTA VO REYES-GONZALEZ,
`
`Plaintiff,
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`vs.
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`AAROHA RADIANT MARBLE &
`GRANITE SLABS, a California
`corporation; ANTOLINI LUIGI & CSPA,
`an Italian corporation;
`ARCHITECTURAL SURF ACES, INC. a
`Texas corporation; ARIZONA TILE,
`L.L.C., an Arizona limited liability
`company; AZZARI APPLIANCES,
`PLUMBING, FLOORING, CABINETS
`LLC, a California limited liability
`company; BEST CHEER STONE INC. a
`California corporation; CAESARSTONE
`USA, INC., a California corporation;
`CAMBRIA COMPANY LLC, a
`Minnesota corporation; COLOR
`MARBLE STONE, INC. a California
`corporation; COMPAC QUARTZ INC. a
`corporation; COSENTINO GROUP, a
`Spanish corporation; DAL-TILE
`DISTRIBUTION, INC., a Delaware
`corporation; E. I. DUPONT DE
`NEMOURS AND COMPANY, a
`Delaware corporation; et al.,
`
`Defendants.
`
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`PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
`DEFENDANT COSENTINO GROUP, S.A., AS JURISDICTIONAL DISCOVERY
`1
`10
`
`

`

`F:\WP\Cases\3032\DISC-DOC\ADMISS'N.REQ\Cosentino Group SA\Jurisdictional RFAs-Final.wpd
`
`Pursuant to Cal. Code of Civil Procedure§ 2033.010 et seq. and/n re Automobile Antitrust
`
`Cases I & II (2005) 135 Cal.App.4th 100, 110, holding that "[a] plaintiff attempting to assert
`
`jurisdiction over a nonresident defendant is entitled to an opportunity to conduct discovery of the
`
`jurisdictional facts necessary to sustain its burden of proof], Plaintiff, Gustavo Reyes-Gonzalez
`
`hereby propounds this First Set of Requests for Admission regarding Jurisdictional Issues to
`
`Defendant Cosentino Group, S.A., and requests that said defendant, which has specially appeared
`
`in this action to contest jurisdiction, admit the truthfulness of each of the facts set forth hereinafter
`
`within thirty (30) days.
`
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`
`PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
`DEFENDANT COSENTINO GROUP, S.A., AS JURISDICTIONAL DISCOVERY
`2
`11
`
`

`

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`F:\WP\Cases\3032\0ISC-DOC\A0MISS'N,REQ\Cosentino Group SA\Jurisdictional RFAs-Flnal.wpd
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`
`COSENTINO GROUP, S.A.
`
`1.
`
`2.
`
`Cosentino Group, S.A. ("THE COSENTINO GROUP") is a Spanish corporation.
`
`"THE COSENTINO GROUP" is a global Spanish family-owned company that
`
`produces surfaces for design and architecture. [See Exhibit "A": home page of the Cosentino Group
`
`website stating such, https://www.cosentino.com/usa/cosentino-group/].
`
`3.
`
`THE COSENTINO GROUP is a family-owned business which was founded in
`
`Cantoria, Almeria, in Spain in 1979. [See Exhibit "B": Letter dated November 29, 2019 by Con
`
`Papadakis, Regional Director for Cosentino Oceania, Cosentino Australia Pty Ltd. to Hon. Niall
`
`Blair, Committee Chair of the Legislative Council Standing Committee on Law and Justice in
`
`Sydney, Australia, stating such].
`
`4.
`
`THE COSENTINO GROUP produces surfaces marketed as Silestone® and
`
`Dekton®. [See Exhibit "B": Letter dated November 29, 2019 by Con Papadakis, Regional Director
`
`for Cosentino Oceania, Cosentino Australia Pty Ltd. to Hon. Niall Blair, Committee Chair of the
`
`Legislative Council Standing Committee on Law and Justice in Sydney, Australia, stating such].
`
`5.
`
`THE COSENTINO GROUP is the largest supplier of engineered stone product
`
`throughout the world. [See Exhibit "B": Letter dated November 29, 2019 by Con Papadakis,
`
`Regional Director for Cosentino Oceania, Cosentino Australia Pty Ltd. to Hon. Niall Blair,
`
`18
`
`Committee Chair of the Legislative Council Standing Committee on Law and Justice in Sydney,
`19 Australia, stating such].
`20
`
`6.
`
`In 2022 THE COSENTINO GROUP celebrated its 25th anniversary in North America
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
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`as the most internationalized Spanish company, with 5,300 employees worldwide and 1,300 in North
`
`America. Expanding into North America completely revolutionized the company and its future.
`
`When it started in the late 90s, 99% of the Group's sales came from Spain, and now North America
`
`"represents approximately 60% of total sales," said Eduardo Cosentino, CEO of Cosentino North
`
`America and Executive Vice-President Global Sales of THE COSENTINO GROUP. [See Exhibit
`
`"C": Cosentino webpage "Celebrating 25 years of Cosentino North America," available online at
`
`https://www.cosentino.com/usa/blog/celebrating-25-years-of-cosentino-north-america/].
`
`PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
`DEFENDANT COSENTINO GROUP, S.A., AS JURISDICTIONAL DISCOVERY
`3
`
`12
`
`

`

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`F:\WP\Cases\3032\DISC-DOCIADMISS'N.REQ\Cosentino Group SA\Jurisdictlonal RFAs-Final.wpd
`
`COSENTINO HISTORY
`
`7.
`
`A webpage on the Cosentino website is titled "Cosentino, 40 Years of International
`
`Growth and Expansion: COSENTINO 1980-2020." [See Exhibit "D": webpage available online at
`
`https:llwww.cosentino.com/usa/newslcosentino-40-years-of-international-growth-and-expansion/].
`
`8.
`
`This webpage states: "Last April 14th was the 40th year since the creation of the
`
`commercial company "MarmolesCosentino S.A.", genesis of what ended up being Cosentino S.A.
`
`and
`
`finally Cosentino Group."
`
`[See Exhibit "D": webpage available online at
`
`https:I lwww. cosentino.corn/usa/newslcosentino-40-years-of-international-growth-and-expansion/].
`
`9.
`
`Exhibit "D" provides the following chronology of the company:
`
`1980
`
`1985
`
`1990
`
`1997
`
`2000
`
`2005
`
`2006
`
`2009
`
`Marmoles Cosentino is born
`
`For the first time, products are exported
`
`Launching Silestone
`
`First warehouse in the USA
`
`Cosentino Latina (Vitoria, Brazil) is born
`
`The new antibacterial Silestone
`
`The first Spanish firm to advertise in the Super Bowl
`
`Expansion throughout Europe
`
`Launching Sensa by Cosentino®
`
`2009110
`
`Acquisition of 100% subsidiaries in the USA
`
`2013
`
`2014
`
`Launching Dekton
`
`Cosentino reaches five continents.
`
`First Cosentino City: Sydney
`
`2016/19
`
`Cosentino has more than a dozen Cosentino City in the world
`
`(London, Madrid, Miami, Los Angeles ... )
`
`2020
`
`Cosentino celebrates 40 years with 5,000 employees worldwide.
`
`II
`
`PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
`DEFENDANT COSENTINO GROUP, S.A., AS JURISDICTIONAL DISCOVERY
`4
`
`13
`
`

`

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`COSENTINO GROUP'S KNOWLEDGE OF ITS PRODUCTS' SILICOSIS HAZARD
`
`F:\WP\Cases\3032\DISC·DOC\ADMISS'N.REQ\Cosentino Group SAUunsdictional RFAs--Final.wpd
`
`10.
`
`In 2002, Jose Araque Martinez, who was employed by Cosentino S.A., was
`
`diagnosed with silicosis. [See Exhibit "E": report regarding the occupational disease investigation
`
`prepared by the Junta de Andalucia dated December 3, 2002, with English translation].
`
`11.
`
`That report in 2002 of an occupational disease investigation by the Junta de
`
`Andalucia concluded that Jose Araque Martinez, who was employed by Cosentino S.A., was
`
`diagnosed with silicosis caused by his occupational exposure to Cosentino' s Silestone. [See Exhibit
`
`9
`
`"E": report regarding investigation of occupational disease by the Junta de Andalucia dated
`10 December 3, 2002].
`11
`
`12.
`
`THE COSENTINO GROUP was aware of the Junta de Andalucia report at the time
`
`12
`
`13
`
`14
`
`15
`
`the report issued. [See Exhibit "E": report regarding investigation of occupational disease by the
`
`Junta de Andalucia dated December 3, 2002].
`
`13.
`
`The first cases of silicosis among workers fabricating artificial stone to appear in the
`
`medical literature were by Spanish physicians/researchers Cristina Martinez, et al., in an article titled
`
`16
`
`"Silicosis, una enfermedad con presente activo," the abstract of which was translated into English
`17 as "Silicosis: A Disease With an Active Present." The article first appeared online in Archivos de
`18 Bronchoneumologia on October 8, 2009. [See Exhibit "F". The article is available online at
`19
`
`https://www.archbronconeumol.org/es-silicosis-una-enfermedad-con-presente-articulo-S030028
`
`20
`
`21
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`22
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`23
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`24
`
`25
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`26
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`27
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`28
`
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`9609003421#:~:text=La%20silicosis%2C%20enfermedad%20pulmonar%20intersticial,mortalid
`
`ad%20en%20todo%20el%20mundo].
`
`14.
`
`The authors of this study were all affiliated with the Instituto Nacional de Silicosis
`
`(INS), Hospital Universitario Central de Asturias (HUCA), Oviedo, Asturias, Espana (the National
`
`Institute of Silicosis at the University Hospital in Asturias Spain). They reported 3 cases of silicosis
`
`in workers who had been employed for 17 years by a small stone countertop fabrication company
`
`that fabricated and installed artificial silica conglomerates in homes and buildings. The workers
`
`were all young: 32, 34, and 37 years old. Chest x-rays of all 3 workers showed nodular opacities
`
`PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
`DEFENDANT COSENTINO GROUP, S.A., AS JURISDICTIONAL DISCOVERY
`5
`14
`
`

`

`F:IWP\Cases\3032\0ISC-OOC\ADMISS'N.REQ\Cosentino Group SA\Jurisdictional RFAs-Final.wpd
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`with diffuse bilateral distribution and more profuse localization in the upper lobes, with a slight
`
`increase in mediastinal and/or hilar nodes. In case 1, a cluster of nodules was observed with
`
`progressive massive fibrosis; this worker was diagnosed with complicated silicosis. [ see Exhibit "F":
`
`Martinez C, et al., "Silicosis, una enfermedad con presente activo," ["Silicosis, a Disease With an
`
`Active Present"], Arch. Bronconeumol. 2010;46(2):97-100 at https://www.archbronconeumol.org/
`
`es-silicosis-una-enfermedad-con-presente-articulo-S0300289609003421#:~:text=La%20silicosis
`
`%2C%20enfermedad%20pulmonar%20intersticial,mortalidad%20en%20todo%20el%20mundo ].
`
`15.
`
`The 3 workers whom the physicians/researchers from the National Institute of
`
`Silicosis in Asturias Spain diagnosed with silicosis had all been occupationally exposed to
`
`lO crystalline silica from fabricating Cosentino's Silestone.
`11
`
`16. • Cosentino was aware of the publication of the article attached as Exhibit "F" in July
`
`12
`
`13
`
`2009 when it was published online on the website of the journal Archivos de Bronconeumologia.
`
`17.
`
`Cosentino was aware of the publication of the article the article attached as Exhibit
`
`14
`
`"F" in 2010 when it was published in the second issue of volume 46 of the journal Archivos de
`15 Bronconeumologia.
`16
`
`18.
`
`The National Institute of Silicosis where the workers were diagnosed with silicosis
`
`17
`
`is located in Asturias, Spain -- the same city where Cosentino has one of its manufacturing plants.
`
`18
`
`19.
`Cosentino's Silestone product that was used by construction workers in Spain
`19 between 2006 and 201 O contained 5-50% micronized silica ( <0.1 mm), 10-90% Grounded silica
`20
`
`(0.1-10 mm), and 5-50% Grounded quartz (0.1-10 mm).
`
`[See Exhibit "G": Cosentino's Material
`
`Safety Data Sheet for Silestone® Solid quartz surface dated August 2006].
`
`20.
`
`At the time Cosentino issued its August 2006 Material Safety Data Sheet for
`
`Silestone (Exhibit "G"), Cosentino was aware that exposure to crystalline silica dust can cause
`
`silicosis.
`
`21.
`
`At the time Cosentino issued its February 1999 Material Safety Data Sheet for
`
`Silestone, Cosentino was aware that exposure to crystalline silica dust can cause silicosis.
`
`22.
`
`At the time Cosentino issued its August 2006 Material Safety Data Sheet for
`
`21
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`PLAINTIFF'S FIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
`DEFENDANT COSENTINO GROUP, S.A., AS JURISDICTIONAL DISCOVERY
`6
`
`15
`
`

`

`F:IWP\Cases\3032\DISC-DOC\ADMI