Pecher, Janet v. Weyerhaeuser Company et al
ORDER granting 13 Motion to Dismiss by Defendant Weyerhaeuser Company. Counts III and IV of plaintiff's first amended complaint are dismissed with prejudice and defendant Weyerhaeuser is dismissed from this action. Signed by District Judge William M. Conley on 8/22/2014. (arw)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
JANET PECHER, Individually and as Special
Administrator on behalf of the Estate of Urban Pecher,
WEYERHAEUSER COMPANY, 3M COMPANY,
METROPOLITAN LIFE INSURANCE
COMPANY, and OWENS-ILLINOIS INC.,
In this action, plaintiff Janet Pecher bring claims against defendants arising out of
her late husband Urban Pecher’s exposure to asbestos and a related disease, malignant
Defendant Weyerhaeuser Company, the former owner of a door
manufacturing plant where Urban Pecher worked and asbestos fireproofing products were
produced, moves for judgment on the pleadings on the claims brought against it as barred
by Wisconsin’s Workers’ Compensation Act. (Dkt. #13.) The court will grant that
motion for the reasons set forth in its opinion and order in Boyer v. Weyerhaeuser, No. 14cv-286 (W.D. Wis. Aug. 22, 2014).1
The court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiff
Janet Pecher is a citizen of Wisconsin and her late husband Urban Pecher was a citizen of
Wisconsin. (2nd Am. Compl. (dkt. #60-1) ¶¶ 1-2.) As explained in the Boyer opinion
the named defendants are citizens of states other than Wisconsin. The court will dismiss
the “unknown insurers” as defendants.
IT IS ORDERED that defendant Weyerhaeuser Company’s motion to dismiss
(dkt. #13) is GRANTED. Count III and IV of plaintiff’s first amended complaint are
dismissed with prejudice and defendant Weyerhaeuser is dismissed from this action.
Entered this 22nd day of August, 2014.
BY THE COURT:
WILLIAM M. CONLEY
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?