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Deem v. Air & Liquid Systems Corp.

United States District Court, W.D. Washington, Tacoma

December 6, 2019

SHERRI L. DEEM, individually and as Personal Representative of the estate of THOMAS A. DEEM, deceased, Plaintiff,
v.
AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants.

          ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS MOOT

          BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Defendant Crosby Valve, LLC's (“Crosby”) motion for summary judgment, Dkt. 153, and motion to dismiss, Dkt. 371. The Court has considered the pleadings filed in support of and in opposition to the motions and the remainder of the file and hereby grants the motion to dismiss and denies the motion for summary judgment as moot.

         I. PROCEDURAL HISTORY

         On November 20, 2017, Deem filed a complaint against Defendants Air & Liquid Systems Corporation, CBS Corporation, Crane Co., Foster-Wheeler Energy Corporation, General Electric Company, IMO Industries, Inc., and Warren Pumps, LLC. Dkt. 1 (“Deem 1”).

         On June 28, 2018, Deem filed a second complaint against Defendants Anchor/Darling Valve Company, BW/IP, Inc., Blackmer Pump Company, Clark-Reliance Corporation, Cleaver-Brooks, Inc., Crosby Valve, LLC (“Crosby”), Flowserve Corporation, Flowserve US, Inc., FMC Corporation (“FMC”), Gardner Denver, Inc., Goulds Pumps, Inc., Grinnell, LLC, Hopeman Brothers, Inc., ITT, LLC, Ingersoll-Rand Company, Jerguson Gage & Valve, John Crane, Inc., McNally Industries, LLC (“McNalley”), Velan Valve Corp., Viad Corp., Viking Pump, Inc., Weir Valves & Controls USA, Inc., and The WM Powell Company. C18-5527-BHS, Dkt. 1 (“Deem 2”).

         On December 13, 2018, the Court granted in part and denied in part Deem's motion to consolidate the cases. Dkt. 52. The Court consolidated the cases through “disposition of summary judgment or such other time prior to trial as the Court deems appropriate” and denied the motion as to the request to consolidate them for trial. Id. at 2.

         On April 25, 2019, the Court granted FMC and McNalley's motion for summary judgment concluding that Deem's claim for wrongful death under Washington law was barred by the statute of limitations. Dkt. 105.

         On May 23, 2019, Crosby filed a motion for summary judgment. Dkt. 153. On June 10, 2019, Deem responded. Dkt. 183. On June 14, 2019, Crosby replied. Dkt. 189.

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

         On August 29, 2019, Crosby filed a motion to dismiss Deem's amended complaint. Dkt. 3712. On September 16, 2019, Deem responded. Dkt. 396. On September 20, 2019, Crosby replied. Dkt. 397.

         II. FACTUAL BACKGROUND

         Although the majority of the facts are set forth in a previous order, see Dkt. 408, the facts relevant to the instant motion are undisputed. On February 20, 2015, Mr. Deem's physicians diagnosed him with mesothelioma and on July 3, 2015, Mr. Deem died due to that illness. On June 28, 2018, Deem filed a complaint against Crosby.

         III. DISCUSSION

         A. ...


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