Ileto v. Glock, Inc.

• Decision Date: 14 March 2006
• Docket Number: No. CV 01-9762ABC(RNBX).,CV 01-9762ABC(RNBX).
• Court: U.S. District Court — Central District of California
• Parties: Lilian S. ILETO, et al., Plaintiffs, v. GLOCK, INC., et al., Defendants.

421 F.Supp.2d 1274

Lilian S. ILETO, et al., Plaintiffs, v. GLOCK, INC., et al., Defendants.

No. CV 01-9762ABC(RNBX).

United States District Court, C.D. California.

March 14, 2006.

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Alexander K. Haas, Trial Attorney, U.S. Dept. of Justice, Washington, DC, on behalf of United States.

Carolyn M. Morrissette, Educational Fund to Stop Gun Violence, Washington, DC, Frank D. Hobbs, Geoffrey M. Gold, Rutter Hobbs & Davidoff, Los Angeles, CA, Peter Nordberg, Berger & Montague, Philadelphia, PA, Raymond P. Boucher, Kiesel Boucher & Larson, Beverly Hills, CA, Sayre Weaver, Educational Fund to Stop Gun Violence, La Habra, CA, for Lilian S. Ileto an individual and mother to Joseph S Ileto, deceased, Joshua Stepakoff a minor, by his parents Loren Lieb and Alan B Stepakoff, Mindy Gale Finkelstein a minor by her parents, David and Donna Finkelstein, Benjamin Kadish a minor by his parents Eleanor and Charles Kadish, Nathan Lawrence Powers a minor by his parents, Gail and John Michael Powers, for himself and on behalf of a class of persons similarly situated, Plaintiffs.

Bart L. Kessel, Tucker Ellis and West, Los Angeles, CA, Christopher Renzulli, Renzulli Law Firm, LLP, New York, NY, Robert Nacionales Tafoya, Akin Gump Strauss Hauer & Feld Century Twr. Plz Los Angeles, CA, for RSR Management Corp., RSR Wholesale Guns Seattle Inc., Movants.

Curtiss L. Isler, Tucker Ellis & West, Los Angeles, CA, Mark T. Palin, Atkinson Andelson Loya Ruud & Romo, Cerritos, CA, Andrew B. Serwin, Charles H. Dick, Colin H. Murray, Baker & McKenzie, Koji F. Fukumura, Cooley Godward, San Diego, CA, Stephen J. Martino, Stephen H. Zell, Madory Zell & Pleiss, Tustin, CA, Daniel K. Dik, Todd E. Croutch, Fonda & Fraser, Glendale, CA, Christopher Renzulli, John M. Lambros, Renzulli Law Firm, LLP, New York City, NY, for Glock Inc. a Georgia corporation, Glock GmbH an Austrian business entity, China North Industries Corp a Chinese entity also known as Norinco, Davis Industries a California corporation, Republic Arms Inc a California corporation, Jimmy L Davis an individual, Maadi an Egyptian business entity, Bushmaster Firearms a Maine corporation, Defendants.

ORDER RE: DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS

COLLINS, District Judge.

Defendants' Motion for Judgment on the Pleadings came on for hearing on March 6, 2006. Having considered the parties' submissions, the case file, and counsels' arguments, the Court GRANTS Defendants' Motion.

PROCEDURAL HISTORY

This case stems from the tragic events of August 10, 1999, in which Bufford Furrow first shot several children at the North Valley JCC and then shot and killed postal worker Joseph Santos Ileto. Plaintiffs Lilian Santos Ileto, sole surviving parent of the deceased; Joshua Stepakoff, a minor through his parents, Loren Lieb and Alan B. Stepakoff; Mindy Finkelstein, a minor, by her parents, David and Donna Finkelstein; Benjamin Kadish, a minor through his parents, Eleanor and Charles Kadish; and Nathan Powers, a minor through his parents, Gail and John Michael Powers, filed a Complaint in Los Angeles Superior Court on August 9, 2000, against Defendants Glock, Inc.; Glock GmbH; China North Industries Corp. ("China North" or "Norinco"); Davis Industries; Republic Arms, Inc.; Jimmy L. Davis; Maadi; Bushmaster Firearms; Imbel; The Loaner Pawnshop Too; David McGee; and 150 Doe Defendants. The Complaint alleged seven causes of action. The first two claims were brought by Ms. Ileto against all Defendants, for survival and wrongful death. The remaining five claims, which included a claim for negligence and a claim for public nuisance, were brought by all plaintiffs against all defendants. The Complaint sought certification of a class, damages, and injunctive relief.

Plaintiffs filed a First Amended Complaint ("FAC") on May 23, 2001. The FAC retained Ms. Ileto's survival and wrongful death claims and Plaintiffs' negligence and public nuisance claims. Plaintiffs did not reassert their remaining claims, including the class claims and the claim for injunctive relief. Plaintiffs did, however, name two additional defendants, RSR Management Corporation and RSR Wholesale Guns Seattle, Inc. (collectively, "RSR").

On October 17, 2001, China North was first served with the initial Complaint. Thereafter, on November 14, 2001, China North removed the action to this Court under 28 U.S.C. § 1330 and 28 U.S.C. § 1603. Defendants then moved to dismiss the case, arguing that even if all of the alleged facts were true, Plaintiffs had nevertheless failed to state a legally cognizable claim. This Court agreed and, accordingly, granted the motions to dismiss.

On appeal, however, the Ninth Circuit reversed this Court's Order as to Plaintiffs negligence and public nuisance claims and remanded the case back to this Court.¹ Of all the defendants named in the First Amended Complaint, only three remain on remand: Glock, RSR, and China North.

FACTUAL BACKGROUND

1. Allegations in the First Amended Complaint

The allegations in Plaintiffs' First Amended Complaint have been thoroughly summarized in two published opinions. See Ileto v. Glock, 194 F.Supp.2d 1040 (C.D.Cal.2002); Ileto v. Glock Inc., 349 F.3d 1191 (9th Cir.2003), rehearing en bane denied, 370 F.3d 860 (9th Cir.2004), cert. denied, 543 U.S. 1050, 125 S.Ct. 865, 160 L.Ed.2d 770 (2005). Below, the Court quotes the Ninth Circuit's summary of those allegations:

"On August 10, 1999, Furrow approached the North Valley JCC in Granada Hills, California, carrying firearms manufactured, marketed, imported, distributed, and/or sold by the defendants named in this case. When Furrow purchased these guns and at the time of the shooting, federal law prohibited him from possessing, purchasing, or using any firearm.² Furrow allegedly had at least the following guns in his possession: Glock Inc's (Glock's') model 26, a 9mm handgun; China North Industries Corp's (`Norinco's') model 320, a 9mm short-barreled rifle; Maadi's model RML, a 7.62 caliber automatic rifle; Bushmaster's model XM15 E25, a .223 caliber rifle; two of Imbel's model L1A1, a .308 caliber rifle; and Davis Industries' model D 22, a .22 caliber handgun.

"Furrow entered the JCC with this arsenal and proceeded to shoot and injure three young children, one teenager, and one adult with his Glock gun. Two of the young children were plaintiffs Joshua Stepakoff (`Stepakoff), who was six years old at the time of the shooting, and Benjamin Kadish (`Kadish'), who was five years old at the time of the shooting. Stepakoff was shot twice in the left lower leg and left hip, fracturing a bone. Kadish was shot twice in the buttocks and left leg, fracturing his left femur, severing an artery, and causing major internal injuries. Plaintiff Mindy Finkelstein (`Finkelstein'), a sixteen-year old camp counselor, was shot twice in her right leg. Plaintiff Nathan Powers (Powers'), a four year-old boy, was not shot, but witnessed and experienced the shootings. The shootings terrified and shocked him, causing him to suffer great mental suffering, anguish, and anxiety as well as severe shock to his nervous system. He suffered severe emotional distress as a result.

"Furrow then fled the JCC with the firearms, and came upon Ileto, a United States Postal Service worker, who was delivering mail in Chatsworth, California. Furrow shot and killed Ileto with his Norinco gun. Nine millimeter bullet casings were recovered at both crime scenes. The Norinco and the Glock guns in Furrow's possession were chambered for 9mm ammunition.³

...

"On May 23, 2001, the plaintiffs filed their thirty-seven page FAC[.] [Although Plaintiffs initially asserted a number of claims against the manufacturers, distributors, and dealers of the guns Furrow carried with him on the day of the shootings, only the plaintiffs' negligence and public nuisance claims remain.] Below, [the Court] sets forth the core allegations with respect to these claims."

A. Facts alleged in the Negligence Claim

"The first three claims in Count IV include general claims against all defendants, alleging that their `deliberate and reckless marketing strategies caused their firearms to be distributed and obtained by Furrow resulting in injury and death to plaintiffs.' Plaintiffs also allege that the defendants intentionally produced more firearms than the legitimate market demands with the intent of marketing their firearms to illegal purchasers who buy guns on the secondary market. The plaintiffs also allege that the defendants breached their legal duty to the plaintiffs `through their knowing, intentional, reckless, and negligent conduct.... foreseeably and proximately causing injury, emotional distress, and death to plaintiffs.'

"Plaintiffs allege that each of the firearms used by Furrow (the one allegedly used at the JCC, the one used to kill Ileto, and the ones not necessarily fired but carried by Furrow in his arsenal on the day of the shootings) were marketed, distributed, imported, promoted, or sold by each of the defendants in the high-risk, crime-facilitating manner and circumstances described herein, including gun shows, `kitchen table' dealers, pawn shops, multiple sales, straw purchases, faux `collectors,' and distributors, dealers and purchasers whose ATF crime-trace records or other information defendants knew or should have known identify them as high-risk. Defendants' practices knowingly facilitate easy access to their deadly products by people like Furrow.

"With respect to Glock, plaintiffs specifically alleged that Glock targets its firearms to law enforcement first to gain credibility and then uses the enhanced value that comes with law enforcement use to increase gun sales in the civilian market. They contend that Glock guns are safe and appropriate for use by well trained elite offensive police forces, but are not appropriate for civilians or unskilled users. In addition, Glock and its distributors encourage...