Carol McIndoe et al v. Crane Co et al

Filing 284

JUDGMENT by Judge R. Gary Klausner, having considered the motion for summary judgment 133 as explained by order dated 8/29/13 258 . plaintiffsCarol McIndoe, as wrongful death heir and successor in interest to decedent James McIndoe and Lorraine Mc Indoe and Pauline McIndoe, as legal heirs of decedent James McIndoe take nothing by way of their complaint against defendant Huntington Ingalls Incorporated, that all claims against HII be dismissed on the merits, and that HII recover its costs. ha ving determined that there is no just reason for delay in entry of this final judgment in favor of Huntington Ingalls Incorporated, the Court expressly directs that the clerk enter this separate final judgment in favor of HII on all claims asserted by Plaintiffs pursuant to Civ.R. 54(b) notwithstanding the existence of claims against other parties. (ir)

1 TUCKER ELLIS LLP
Daniel J. Kelly - SBN 145088
2 [e-mail]
135 Main Street, Suite 700
3 San Francisco, CA 94105
Telephone:
415.617.2400
Facsimile:
415.617.2409
4
5 TUCKER ELLIS LLP
John K. Son - SBN 238516
6 [e-mail]
515 So. Flower Street, 42nd Floor
7 Los Angeles, CA 90071
Telephone:
213.430.3400
Facsimile:
213.430.3409
8

TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

9 Attorneys for Defendant
HUNTINGTON INGALLS INCORPORATED,
10 formerly known as Northrop Grumman Shipbuilding, Inc.
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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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WESTERN DIVISION- LOSANGELES

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CAROL MCINDOE, as Wrongful Death
15 Heir, and as Successor-in-Interest to
JAMES MCINDOE, Deceased; and
16 LORRAINE MCINDOE and PAULINE
MCINDOE, as Legal Heirs of JAMES
17 MCINDOE, Deceased,

[PROPOSED] JUDGMENT IN
FAVOR OF HUNTINGTON INGALLS
INCORPORATED

Plaintiffs,

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Case No. 2:12-cv-09639 RGK (SS)

v.

20 CRANE CO., et al.,

Hon. R. Gary Klauser

Defendants.

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The Court, having read and considered the moving, opposition, and reply papers

24 with respect to the motion for summary judgment of defendant Huntington Ingalls
25 Incorporated, formerly known as Northrop Grumman Shipbuilding, Inc., formerly known
26 as Newport News Shipbuilding and Dry Dock Company (“HII”) against plaintiffs Carol
27 McIndoe, Lorraine McIndoe, and Pauline McIndoe (“Plaintiffs”) [Doc. No. 133], and
28 having determined that no genuine issue of material fact exists and that HII is entitled to
JUDGMENT
012758.000059/931492

1 summary judgment under Civ.R. 56 based on a finding that Plaintiffs’ strict liability
2 cause of action is without merit because a Navy ship is not a “product” and that
3 Plaintiffs’ causes of action for strict liability and negligence fail due to insufficient
4 evidence of causation as explained by order dated August 29, 2013 [Doc. No. 258],
5

IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that plaintiffs

6 Carol McIndoe, as wrongful death heir and successor in interest to decedent James
7 McIndoe and Lorraine McIndoe and Pauline McIndoe, as legal heirs of decedent James
8 McIndoe take nothing by way of their complaint against defendant Huntington Ingalls
9 Incorporated, that all claims against HII be dismissed on the merits, and that HII recover

TUCKER ELLIS LLP

Cleveland ♦ Columbus ♦ Denver ♦ Los Angeles ♦ San Francisco

10 its costs.
11

IT IS FURTHER ORDERED that having determined that there is no just reason

12 for delay in entry of this final judgment in favor of Huntington Ingalls Incorporated, the
13 Court expressly directs that the clerk enter this separate final judgment in favor of HII on
14 all claims asserted by Plaintiffs pursuant to Civ.R. 54(b) notwithstanding the existence of
15 claims against other parties.
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17 IT IS SO ORDERED.
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19 DATED: September 13, 2013
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_________________________________
R. Gary Klausner
United States District Court Judge

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JUDGMENT
012758.000059/931492

CERTIFICATE OF SERVICE
012758.000059/931492