Roger Seehafer v. Weyerhaeuser Company, et al

Filing 75

ORDER granting 34 Motion for Judgment on the Pleadings by defendant Weyerhaeuser Company; granting 37 Motion to Dismiss by Defendant Owens-Illinois; granting 55 Motion for Leave to File Sur-Reply. Counts III and IV of plaintiffs' first ame nded complaint are dismissed with prejudice and defendant Weyerhaeuser is dismissed from this action. Counts I and II of plaintiffs' first amended complaint premised on Owens-Illinois' role as a licensor are dismissed with prejudice. Plaintiffs may have until 9/22/2014 to file an amended complaint alleging specific facts necessary to state a claim against Owens-Illinois, provided they can do so in good faith. Signed by District Judge William M. Conley on 8/22/2014. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
ROGER SEEHAFER and JANICE SEEHAFER,
Plaintiffs,

ORDER

v.
14-cv-161-wmc
WEYERHAEUSER COMPANY and
OWENS-ILLINOIS INC.,
Defendants.
In this action, plaintiffs Roger and Janice Seehafer bring claims against defendants
arising out of Roger’s exposure to asbestos and a related disease, malignant
mesothelioma. Before the court are two motions. In the first, defendant Weyerhaeuser
Company, the former owner of a door manufacturing plant where Roger Seehafer 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. #34.) In the second motion, defendant Owens-Illinois Company seeks dismissal of
product liability claims premised solely on its licensing of a patent claiming a fireproof
door. (Dkt. #37.) The court will grant both motions for the reasons set forth in its
opinion in Boyer v. Weyerhaeuser, No. 14-cv-286 (W.D. Wis. August 22, 2014) and
incorporated here.1

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The court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332(a). Plaintiffs
Roger and Janice Seehafer are citizens of Wisconsin. (1st Am. Compl. (dkt. #41-1) ¶ 1.)
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.

ORDER
IT IS ORDERED that:
1) defendant Weyerhaeuser Company’s motion for judgment on the pleadings
(dkt. #34) is GRANTED. Count III and IV of plaintiffs’ first amended
complaint are dismissed with prejudice and defendant Weyerhaeuser is
dismissed from this action;
2) defendant Owens-Illinois Inc.’s motion to dismiss (dkt. #37) is GRANTED.
Counts I and II of plaintiffs’ first amended complaint premised on OwensIllinois’s role as a licensor are dismissed with prejudice;
3) plaintiffs may have until September 22, 2014, to file an amended complaint
alleging specific facts necessary to state a claim against Owens-Illinois,
provided they can do so in good faith; and
4) plaintiffs’ motion for leave to file a sur-reply (dkt. #55) is GRANTED.
Entered this 22nd day of August, 2014.
BY THE COURT:
/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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