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 FOR SUMMARY
JUDGMENT, DENYING PLAINTIFF'S MOTION FOR CONSOLIDATED
TRIAL, DENYING OTHER MOTIONS AS MOOT, AND SETTING DEADLINE
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendant John Crane,
Inc.'s (“Crane”) motions for summary
judgment, Dkts. 72, 263, and motion to dismiss, Dkt. 372,
Plaintiff Sherri Deem's, individually and as Personal
Representative of the Estate of Thomas Deem
(“Deem”) motion for partial summary judgment on
Crane's affirmative defenses, Dkt. 245, motion for
extension of time to respond to dispositive motions, Dkt.
274, renewed motion for consolidated trial, Dkt. 340, and
motion for leave to file supplemental briefing re maritime
law, Dkt. 377. The Court has considered the pleadings filed
in support of and in opposition to the motions and the
remainder of the file and hereby rules as follows:
November 20, 2017, Deem filed a complaint against Defendants
Air & Liquid Systems Corporation, CBS Corporation
(“CBS”), Crane Co., Foster-Wheeler Energy
Corporation (“Foster-Wheeler”), General Electric
Company (“General Electric”), IMO Industries,
Inc., and Warren Pumps, LLC. Dkt. 1 (“Deem
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. (“Crane”), 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.
March 7, 2019, Crane filed a motion for summary judgment
arguing that under Washington law Deem failed to meet her
burden to establish that Thomas Deem was exposed to any Crane
product. Dkt. 72. On March 25, 2019, Deem responded. Dkt. 87.
On March 29, 2019, Crane replied. Dkt. 94.
February 27, 2019, FMC and McNalley filed a motion for
summary judgment arguing that Deem's claim for wrongful
death under Washington law was barred by the statute of
limitations. Dkt. 69. On March 26, 2019, Crane joined in the
motion. Dkt. 91. On April 25, 2019, the Court granted the
motion and dismissed Deem's Washington law claim against
multiple defendants, including Crane. Dkt. 105.
11, 2019, Deem filed a motion for partial summary judgment on
some of Crane's affirmative defenses, Dkt. 245, and Crane
filed a second motion for summary judgment arguing in part
that Deem's maritime claims were barred by the statute of
limitations, Dkt. 263 at 10-11. On July 24, 2019, Deem filed
a motion for extension of time to respond to Crane's
motion. Dkt. 274. On July 29, 2019, the parties responded to
the dispositive motions. Dkts. 279, 303. On August 2, 2019,
Crane replied. Dkt. 318.
August 6, 2019, the Court granted Deem's motion to apply
maritime law and granted Deem leave to file an amended
complaint to clarify her claims. Dkt. 331. On August 16,
2019, Deem filed amended complaints in both cases. Deem
1, Dkt. 341; Deem 2, Dkt. 92. On August 19,
2019, the Court struck the amended complaint in Deem
1 because only Deem 2 defendants moved to
dismiss her complaint. Dkt. 341.
August 15, 2019, Deem filed the instant renewed motion for
consolidated trial. Dkt. 340. On August 20, 2019, CBS,
Foster-Wheeler, and General Electric responded. Dkt. 343.
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 arguing in part that Deem's maritime
claims are barred by the statute of limitations. Dkt. 371. On
December 6, 2019, the Court granted Crosby's motion
concluding that the claims are untimely. Dkt. 415.