Deem v Air & Liquid Systems Corporation et al

Filing 430

ORDER DECONSOLIDATING CASES, REOPENING CASE, REQUESTING RESPONSES, AND RESETTING PRETRIAL CONFERENCE by Judge Benjamin H. Settle. The Clerk shall reopen 3:18-cv-05527-BHS; and deconsolidate 3:17-cv-05965-BHS and 3:18-cv-05527-BHS; Deem may fi le supplemental responses to the pending summary judgment motions by the Deem 1 defendants, (Dkts. 63 , 65 , 232 , 261 ), no later than January 17, 2020; Defendants may file supplemental replies no later than January 22, 2020; and the pretrial conference is continued to February 3, 2020 at 11:00a m. (**Remaining Deem 2 defendants FMC Corporation and McNally Industries LLC are terminated.)(GMR)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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SHERRI L. DEEM, individually and as
Personal Representative of the estate of
THOMAS A. DEEM, deceased,
Plaintiff,

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v.

CASE NO. C17-5965 BHS
ORDER DECONSOLIDATING
CASES, REOPENING CASE,
REQUESTING RESPONSES, AND
RESETTING PRETRIAL
CONFERENCE

AIR & LIQUID SYSTEMS
CORPORATION, et al.,

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Defendants.
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This matter comes before the Court on Plaintiff Sherri Deem’s, individually and as

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Personal Representative of the Estate of Thomas Deem (“Deem”) motion for leave to file

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supplemental briefing re maritime law, Dkt. 377, the Court’s order denying Deem’s

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motion to consolidate cases for trial, Dkt. 416, and the parties’ responses regarding

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deconsolidating cases, Dkts. 424–427.

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I.

PROCEDURAL HISTORY

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On November 20, 2017, Deem filed a complaint against Defendants Air & Liquid

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Systems Corporation, CBS Corporation, Crane Co., Foster-Wheeler Energy Corporation,

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ORDER - 1

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General Electric Company, IMO Industries, Inc., and Warren Pumps, LLC. Dkt. 1

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(“Deem 1”).

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On June 28, 2018, Deem filed a second complaint against Defendants

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Anchor/Darling Valve Company, BW/IP, Inc., Blackmer Pump Company, Clark-

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Reliance Corporation, Cleaver-Brooks, Inc., Crosby Valve, LLC, Flowserve Corporation,

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Flowserve US, Inc., FMC Corporation (“FMC”), Gardner Denver, Inc., Goulds Pumps,

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Inc., Grinnell, LLC, Hopeman Brothers, Inc., ITT, LLC, Ingersoll-Rand Company,

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Jerguson Gage & Valve, John Crane, Inc., McNally Industries, LLC (“McNally”), Velan

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Valve Corporation, Viad Corp., Viking Pump, Inc., Weir Valves & Controls USA, Inc.,

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and The William Powell Company. C18-5527-BHS, Dkt. 1 (“Deem 2”).

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On December 13, 2018, the Court granted in part and denied in part Deem’s

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motion to consolidate the cases. Dkt. 52. The Court consolidated the cases through

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“disposition of summary judgment or such other time prior to trial as the Court deems

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appropriate” and denied the motion as to the request to consolidate the cases for trial. Id.

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at 2.

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On February 27, 2019, FMC and McNally filed a motion for summary judgment

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arguing that Deem’s claim for wrongful death under Washington law was barred by the

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statute of limitations. Dkt. 69. On April 25, 2019, the Court granted the motion and

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dismissed Deem’s Washington law claim against multiple defendants. Dkt. 105.

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On August 6, 2019, the Court granted Deem’s motion to apply maritime law and

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granted Deem leave to file an amended complaint to clarify her claims. Dkt. 331. On

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August 16, 2019, Deem filed amended complaints in both cases. Deem 1, Dkt. 341;

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Deem 2, Dkt. 92. On August 19, 2019, the Court struck the amended complaint in Deem

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1 because only Deem 2 defendants moved to dismiss her complaint. Dkt. 341.

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On August 15, 2019, Deem filed a motion to consolidate the cases for trial. Dkt.
340.

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On August 16, 2019, Deem filed an amended complaint asserting claims for
wrongful death under maritime law. Deem 2, Dkt. 92.

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On August 30, 2019, Deem filed a motion for leave to file supplemental briefing
re maritime law. Dkt. 377.

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On January 2, 2020, the Court denied Deem’s motion to consolidate the cases for

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trial because the Court concluded in other orders that the claims in Deem 2 were time-

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barred. Dkt. 416. The Court also requested the remaining parties’ positions on whether

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the matters should be deconsolidated. Id. On January 8, 2020, some parties filed

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responses. Dkts. 424–427.

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II. DISCUSSION
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Consolidation
In their responses, the Deem 1 defendants requests that the Court keep the matters

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consolidated for trial so that the jury may apportion fault among all parties, including

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those that have settled. Dkts. 424, 425. Defendants, however, fail to articulate why they

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would not be able to argue apportionment regardless of whether a party settled in Deem 1

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or Deem 2. In other words, a settlement for the same claim for injuries is relevant

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regardless of the case number. Thus, the Court finds that the circumstances warrant

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deconsolidating the matters for further proceedings.

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B.

Maritime Law
In Deem 1, Deem seeks leave to file supplemental briefing regarding maritime law

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because, when Defendants filed motions for summary judgment, it was unclear whether

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Washington law or maritime law applied to Deem’s claims. Dkt. 377. The Court agrees

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with Deem that, at least to some motions for summary judgment, it was unclear whether

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the appropriate causation standard was Washington law or maritime law. Therefore, the

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Court grants Deem’s motion to supplement her briefing.
III. ORDER

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Therefore, it is hereby ORDERED that:

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1) The Clerk shall reopen Deem 2, C18-5527BHS;

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2) The Clerk shall deconsolidate Deem 1, C17-5965BHS, and Deem 2, C185527BHS;

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3) Deem may file supplemental responses to the pending summary judgment

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motions by the Deem 1 defendants, Dkts. 63, 65, 232, 261, no later than

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January 17, 2020;

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4) Defendants may file supplemental replies no later than January 22, 2020; and

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5) The pretrial conference is continued to February 3, 2020 at 11:00am.

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Dated this 9th day of January, 2020.

A

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BENJAMIN H. SETTLE
United States District Judge

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