Everett et al v. Air & Liquid Systems Corporation et al

Filing 373

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Plaintiffs Motion for Reconsideration, [Doc. No. 301], is denied. IT IS FURTHER ORDERED that Defendant Foster Wheeler Energy Corporations Motion for Joinder in CBS Corporations Opposition to Plaintiffs Motion for Reconsideration, [Doc. No. 301], is granted. IT IS FURTHER ORDERED that Defendant Gardner Denver, Inc.s Motion to Dismiss for Lack of Jurisdiction, [Doc. No. 306], is granted. IT IS FURTHER ORDERED that Defendant Gardner Denver , Inc.s Motion to Quash the Rule 30(b)(6) Notice of Deposition and to Stay Discovery Against Gardner Denver, Inc., [Doc. No. 308], is denied as moot. IT IS FURTHER ORDERED that Defendant Warren Pumps, LLCs Motion for Joinder in CBS Corporations Oppos ition to Plaintiffs Motion for Reconsideration, [Doc. No. 315], is granted. IT IS FURTHER ORDERED that Plaintiffs Objections to Notice of Taking the Deposition of John C. Maddox, M.D. and Subpoena Duces Tecum, [Doc. No. 330], are overruled.IT IS FURT HER ORDERED that Defendant Eaton Corporation, as Successor in Interest to Cutler-Hammer, Inc.s Motion for Reconsideration of Order Granting Plaintiffs Motion for Leave to File Amended Petition, [Doc. No. 339], is denied as moot. IT IS FURTHER ORDERED that Defendant CBS Corporations Motion to Dismiss for Lack of Jurisdiction, [Doc. No. 340], is granted. IT IS FURTHER ORDERED that Defendant General Electric Companys Motion for Clarification, [Doc. No. 341], is granted. IT IS FURTHER ORDERED that a nd Defendant Warren Pumps, LLCs Motion for Clarification, [Doc. No. 342], is granted. 306 341 334 315 302 295 330 308 339 333 305 342 334 340 Signed by District Judge Henry Edward Autrey on 1/11/18. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIE EVERETT, et al.,
Plaintiffs,
v.
AURORA PUMP COMPANY, et al.,
Defendants.

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CASE NO. 4:17CV230 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Reconsideration,
[Doc. No. 301], Defendant Foster Wheeler Energy Corporation’s Motion for
Joinder in CBS Corporation’s Opposition to Plaintiff’s Motion for
Reconsideration, [Doc. No. 301], Defendant Gardner and Denver, Inc.’s Motion to
Dismiss for Lack of Jurisdiction, [Doc. No. 306], Defendant Gardner and Denver,
Inc.’s Motion to Quash the Rule 30(b)(6) Notice of Deposition and to Stay
Discovery Against Gardner and Denver, Inc., [Doc. No. 308], Defendant Warren
Pumps, LLC’s Motion for Joinder in CBS Corporation’s Opposition to Plaintiff’s
Motion for Reconsideration, [Doc. No. 315], Plaintiff’s Objections to Notice of
Taking the Deposition of John C. Maddox, M.D. and Subpoena Duces Tecum,
[Doc. No. 330], Defendant Eaton Corporation, as Successor in Interest to CutlerHammer, Inc.’s Motion for Reconsideration of Order Granting Plaintiff’s Motion

for Leave to File Amended Petition, [Doc. No. 339], Defendant CBS Corporation’s
Motion to Dismiss for Lack of Jurisdiction, [Doc. No. 340], Defendant General
Electric Company’s Motion for Clarification, [Doc. No. 341], and Defendant
Warren Pumps, LLC’s Motion for Clarification, [Doc. No. 342].
Motions for Joinder
The motions for joinder in CBS’s opposition to the Motion for
Reconsideration, [Doc. No. 305 and 315], are granted.
Motion to Reconsider
On June 27, 2017, the Court granted several defendants’ Motions to Dismiss
for Lack of Personal Jurisdiction. Plaintiffs now ask the Court to reconsider those
dismissals by virtue of “an intervening change in the law since the parties briefed
personal jurisdiction issues for the Court.” Plaintiffs rely on the June 19, 2017
United States Supreme Court decision of Bristol-Myers Squibb Co. v. Superior
Court of California, San Francisco Cty., ___ U.S. ___, 137 S.Ct. 1773 (2017).
ARule 59(e) permits a court to alter or amend a judgment, but it >may not be
used to relitigate old matters, or to raise arguments or present evidence that could
have been raised prior to the entry of judgment.= 11 C. Wright & A. Miller,
Federal Practice and Procedure ' 2810.1, pp. 127-128 (2d ed.1995) (footnotes
omitted).@ Exxon Shipping Co. v. Baker, 554 U.S. 471, 128 S.Ct. 2605, 2617, n. 5
(2008).
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Rule 59(e) was adopted to clarify that Athe district court possesses the power
to rectify its own mistakes in the period immediately following the entry of
judgment.@ White v. New Hampshire Dep=t of Employment Sec., 455 U.S. 445, 450,
102 S.Ct. 1162, 71 L.Ed.2d 325 (1982) (internal quotations omitted). Moreover,
ARule 59(e) motions serve the limited function of correcting manifest errors of law
or fact or to present newly discovered evidence.@ Innovative Home Health Care,
Inc. v. P.T .-O.T. Assocs. of the Black Hills, 141 F.3d 1284, 1286 (8th Cir.
1998),(internal punctuation and citations omitted). ASuch motions cannot be used
to introduce new evidence, tender new legal theories, or raise arguments which
could have been offered or raised prior to entry of judgment.@ United States v.
Metropolitan St. Louis Sewer Dist., 440 F.3d 930, 933 (8th Cir.2006) (quoting
Innovative Home Health Care, 141 F.3d at 1286)).
District courts Awill ordinarily deny a motion for reconsideration unless the
party demonstrates a showing of manifest error in the prior ruling or demonstrates
new facts or legal authority that the party could not have previously produced with
reasonable diligence to the court.@ ElderBKeep v. Aksamit, 460 F.3d 979, 988 (8th
Cir.2006); Monsanto Co. v. E.I. Dupont de Nemours & Co., 2011 WL 322672 at
*4 (E.D.Mo. Jan.31, 2011); Arnold v. ADT Sec. Services, Inc., 627 F.3d 716, 721
(8th Cir.2010). A motion to reconsider Acannot be used to raise arguments which
could have been raised prior to the issuance of judgment.@ Hagerman v. Yukon
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Energy Corp., 839 F.2d 407, 414 (8th Cir.1988). District courts have Abroad
discretion@ in determining whether to reconsider judgment. Hagerman, 839 F.2d at
413.
As Defendants point out, the Bristol-Myers decision was rendered before
this Court’s Opinion. Plaintiff argues that it was decided after the parties had
briefed the personal jurisdiction issues for the Court. This explanation is clearly an
attempt to avoid Rule 59(e)’s prohibition against raising arguments that could have
been raised prior to the decision. Indeed, Plaintiffs have not been shy when it
comes to seeking leave to supplement, present new authority on pending issues and
obtaining extensions before the Court. Plaintiffs’ valiant attempt, however fails to
overcome the obvious Rule 59(e) obstacle prohibiting raising argument that could
have been raised prior to the decision.
Furthermore, even assuming the Court considered Plaintiff’s reasoning
regarding a new issue of law, the Bristol-Myers decision does not mandate
reconsideration. In Bristol-Myers, the Supreme Court, in dicta did not decide left
open the question of whether a federal court might, under some circumstances,
exercise broader personal jurisdiction under the Fifth Amendment than is available
to state courts under the Fourteenth Amendment by basing a decision on
nationwide contacts rather than the contacts within the forum state. More
significantly, Bristol-Myers Court reiterated the need to maintain a
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“straightforward application” of the “settled principles of personal jurisdiction.”
The Court focused on the need for an “affiliation between the forum and the
underlying controversy, principally, [an] activity or an occurrence that takes place
in the forum State.” Id. at *11, *7 (quoting Goodyear, 564 U.S. at 919). The Court
reiterated that it is not enough for a defendant to have general connections with the
forum—there must be a connection between the forum and the specific claims at
issue. Id. at *8. The Court found the connection between the California forum and
the nonresident plaintiffs too weak for a California court to claim specific
jurisdiction. Id. at *9.
The Court articulated its reasoning in finding that it lacked personal
jurisdiction over the dismissed Defendants. Nothing has changed, nor should the
Opinion, Memorandum and Order in this matter be altered or amended under Rule
59(e). The Motion for Reconsideration is denied.
Defendant Gardner Denver, Inc.’s Motion to Dismiss for Lack of Personal
Jurisdiction
Defendants removed this matter to federal court from the Circuit Court of
the City of St. Louis, Missouri, on January 19, 2017. According to the Petition,
Defendants maintain registered agents in the state of Missouri, and are engaged in
business in Missouri. Plaintiff Willie Everett is a resident of Missouri who was
exposed to and inhaled, ingested or otherwise absorbed asbestos fibers and/or

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asbestiform fibers emanating from certain products he was working with and
around which were manufactured, sold, distributed or installed by Defendants.
Defendant moves to dismiss the action under Rule 12(b)(2) of the Federal Rules of
Civil Procedure for lack of personal jurisdiction. For the reasons set forth in the
Court’s June 27, 2017 Opinion, Memorandum and Order, Defendant’s Motion to
Dismiss for Lack of Personal Jurisdiction, [Doc. No. 306], motion is well taken
and will be granted.
Motions to Dismiss and For Clarification
Plaintiff sought to amend her Complaint because Plaintiff Willie Everett has
died and Plaintiff sought to add a wrongful death claim and substitute Flora Everett
as the Executrix of the Estate of Willie Everett. The Court allowed the Motion for
that purpose alone. The Amended Complaint cannot revive the action with respect
to dismissed defendants. Defendants Foster Wheeler Energy Corporation, John
Crane, Inc., Warren Pumps, LLC, Honeywell International Inc., General Electric
Company, Carrier Corporation, Greene Tweed & Co. Inc., CBS Corporation,
Georgia Pacific, LLC, Ingersoll-Rand Company, Flowserve Corporation, Trane
USA, Gardner Denver, Inc., and Eaton Corporation are dismissed. The motions to
dismiss the amended complaint and for clarification thereof are granted.
Defendant Gardner Denver, Inc.’s Motion to Quash the Rule 30(b)(6) Notice
of Deposition and to Stay Discovery Against Gardner and Denver, Inc., [Doc.
No. 308],
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Because Defendant Gardner Denver, Inc. has been dismissed, its Motion to
Quash and to Stay is denied as moot.
Plaintiff’s Objections to Notice of Taking the Deposition of John C. Maddox,
M.D. and Subpoena Duces Tecum
Plaintiff’s objections are denied, except to the extent that they object to the
disclosure of work product and/or attorney client privileged material.
Defendant Eaton Corporation, as Successor in Interest to Cutler-Hammer,
Inc.’s Motion for Reconsideration of Order Granting Plaintiff’s Motion for
Leave to File Amended Petition
Eaton seeks reconsideration of the Court’s Order allowing the filing of an
Amended Complaint. This motion is denied as moot; Defendant Eaton has been
dismissed from this action.
Conclusion
For the reasons set forth above, Plaintiffs’ Motion for Reconsideration is
denied.
Defendants Foster Wheeler Energy Corporation, John Crane, Inc., Warren
Pumps, LLC, Honeywell International Inc., General Electric Company, Carrier
Corporation, Greene Tweed & Co Inc., CBS Corporation, Georgia Pacific, LLC,
Ingersoll-Rand Company, Flowserve Corporation, Trane U.S., Inc., Gardner
Denver, Inc., and Eaton Corporation are dismissed .
Accordingly,

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IT IS HEREBY ORDERED that the Plaintiff’s Motion for
Reconsideration, [Doc. No. 301], is denied.
IT IS FURTHER ORDERED that Defendant Foster Wheeler Energy
Corporation’s Motion for Joinder in CBS Corporation’s Opposition to Plaintiff’s
Motion for Reconsideration, [Doc. No. 301], is granted.
IT IS FURTHER ORDERED that Defendant Gardner Denver, Inc.’s
Motion to Dismiss for Lack of Jurisdiction, [Doc. No. 306], is granted.
IT IS FURTHER ORDERED that Defendant Gardner Denver, Inc.’s
Motion to Quash the Rule 30(b)(6) Notice of Deposition and to Stay Discovery
Against Gardner Denver, Inc., [Doc. No. 308], is denied as moot.
IT IS FURTHER ORDERED that Defendant Warren Pumps, LLC’s
Motion for Joinder in CBS Corporation’s Opposition to Plaintiff’s Motion for
Reconsideration, [Doc. No. 315], is granted.
IT IS FURTHER ORDERED that Plaintiff’s Objections to Notice of
Taking the Deposition of John C. Maddox, M.D. and Subpoena Duces Tecum,
[Doc. No. 330], are overruled.
IT IS FURTHER ORDERED that Defendant Eaton Corporation, as
Successor in Interest to Cutler-Hammer, Inc.’s Motion for Reconsideration of
Order Granting Plaintiff’s Motion for Leave to File Amended Petition, [Doc. No.
339], is denied as moot.
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IT IS FURTHER ORDERED that Defendant CBS Corporation’s Motion
to Dismiss for Lack of Jurisdiction, [Doc. No. 340], is granted
IT IS FURTHER ORDERED that Defendant General Electric Company’s
Motion for Clarification, [Doc. No. 341], is granted.
IT IS FURTHER ORDERED that and Defendant Warren Pumps, LLC’s
Motion for Clarification, [Doc. No. 342], is granted.
Dated this 11th day of January, 2018.

________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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