Turner et al v. Fraser's Boiler Service Inc et al

Filing 198

MINUTE ORDER by Judge Thomas S. Zilly, United States District Judge; The 89 motion for summary judgment brought by defendant Lone Star is GRANTED in part, DENIED in part, and DEFERRED in part. Lone Star's motions in limine, docket nos. 125 & 139 -1, are DEFERRED in part and STRICKEN in part as moot. See Minute Order for details (TF).

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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JAMES B. TURNER, et al.,

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Plaintiffs,

LOCKHEED SHIPBUILDING
COMPANY, et al.,

MINUTE ORDER

Defendants.

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C13-1747 TSZ

v.

The following Minute Order is made by direction of the Court, the Honorable
Thomas S. Zilly, United States District Judge:

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(1)
The motion for summary judgment brought by defendant Lone Star
Industries, Inc., successor-in-interest to Pioneer Sand & Gravel Company (“Lone Star”),
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follows:
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(a)
With regard to plaintiffs’ claims for conspiracy, spoliation, willful or
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wanton misconduct, breach of warranty, and market-share liability, Lone Star’s
motion for summary judgment is GRANTED, and such claims are DISMISSED
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with prejudice.
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(b)
With regard to plaintiffs’ claims relating to direct exposure to an
asbestos-containing product from Lone Star, the motion is DENIED. Genuine
disputes of material fact exist and preclude summary judgment. Fed. R. Civ.
P. 56(a).
(c)
With regard to plaintiffs’ claims relating to indirect exposure to an
asbestos-containing product from Lone Star, the motion is DEFERRED.

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MINUTE ORDER - 1

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(2)
Lone Star’s motions in limine, docket nos. 125 & 139-1, are DEFERRED
in part and STRICKEN in part as moot, as follows:

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(a)
Lone Star’s motions relating to (2) the testimony of Carl A. Brodkin,
M.D.; (3) the testimony of William Longo, Ph.D.; (4) the testimony of Susan
Raterman; (5) the testimony of William O. Brandt; (6) the testimony of plaintiff’s
co-workers concerning Insulag; and (7) governmental and nongovernmental
reports, policies, commentaries, etc. are DEFERRED;
(b)
Lone Star’s motions relating to (1) cumulative asbestos exposure;
(8) appeals to passion or prejudice; and (9) references to Lone Star as a member of
the “asbestos industry” are STRICKEN as moot in light of the Court’s rulings
concerning the motions in limine brought by Lockheed Shipbuilding Company
and ON Marine Services Company, LLC, Ferro Engineering Division (“ON
Marine”). Such rulings apply with respect to all parties, except as otherwise
stated. Plaintiffs may refer to Lone Star and ON Marine in a similar manner, with
the same restrictions as stated in the Minute Order addressing ON Marine’s
motions in limine.

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(3)
Counsel shall be prepared to address the deferred portion of the motion for
summary judgment and the deferred motions in limine identified in Paragraph 2(a) at the
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Pretrial Conference scheduled for November 26, 2013, at 10:00 a.m.
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(4)
record.

The Clerk is directed to send a copy of this Minute Order to all counsel of

Dated this 22nd day of November, 2013.
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William M. McCool
Clerk

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s/Claudia Hawney
Deputy Clerk

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MINUTE ORDER - 2