United States District Court, W.D. Washington, Tacoma
SHERRI L. DEEM, individually and as Personal Representative of the estate of THOMAS A. DEEM, deceased, Plaintiff,
AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants.
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND
DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendant Crosby Valve,
LLC's (âCrosbyâ) 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
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
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
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.
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.
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.
August 16, 2019, Deem filed an amended complaint asserting
claims for wrongful death under maritime law. Deem
2, Dkt. 92.
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.
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.