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 DECONSOLIDATING CASES, REOPENING CASE,
REQUESTING RESPONSES, AND RESETTING PRETRIAL
BENJAMIN H. SETTLE UNITED STATES DISTRICT JUDGE
matter comes before the Court on Plaintiff Sherri Deem's,
individually and as Personal Representative of the Estate of
Thomas Deem (“Deem”) motion for leave to file
supplemental briefing re maritime law, Dkt. 377, the
Court's order denying Deem's motion to consolidate
cases for trial, Dkt. 416, and the parties' responses
regarding deconsolidating cases, Dkts. 424-427.
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, 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
(“McNally”), Velan Valve Corporation, Viad Corp.,
Viking Pump, Inc., Weir Valves & Controls USA, Inc., and
The William Powell Company. C18-5527-BHS, Dkt. 1
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 the cases for trial. Id.
February 27, 2019, FMC and McNally 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 April 25, 2019, the Court granted
the motion and dismissed Deem's Washington law claim
against multiple defendants. Dkt. 105.
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 a motion to consolidate the cases
for trial. Dkt. 340.
August 16, 2019, Deem filed an amended complaint asserting
claims for wrongful death under maritime law. Deem
2, Dkt. 92.
August 30, 2019, Deem filed a motion for leave to file
supplemental briefing re maritime law. Dkt. 377.
January 2, 2020, the Court denied Deem's motion to
consolidate the cases for trial because the Court concluded
in other orders that the claims in Deem 2 were
time-barred. Dkt. 416. The Court also requested the remaining
parties' positions on whether the matters should be
deconsolidated. Id. On January 8, 2020, some parties
filed responses. Dkts. 424-427.