Martinez v. Dart Trans, Inc.

• Decision Date: 05 July 2021
• Docket Number: No. CIV 19-0994 JB/JHR,CIV 19-0994 JB/JHR
• Citation: 547 F.Supp.3d 1153
• Parties: Kristina MARTINEZ, in her capacity as the Personal Representative of the Wrongful Death Estate of Barbara Granger, and Scott Granger, Plaintiffs, v. DART TRANS, INC.; Gilbert Tan d/b/a GMT Trucking; Sunrise Tire and Lube Service, Inc.; Har-Sukh Corp. Inc.; Sam Sandhu ; Jasvir Singh; Rajinder Singh Bassi ; Sukhdev Singh Dhaliwal; Teri-Oat, LLC ; John Doe 1 ; John Doe 2; Goodwill Trucking, LLC and Gurpreet Such, Defendants.
• Court: U.S. District Court — District of New Mexico

547 F.Supp.3d 1153

Kristina MARTINEZ, in her capacity as the Personal Representative of the Wrongful Death Estate of Barbara Granger, and Scott Granger, Plaintiffs,

v.DART TRANS, INC.; Gilbert Tan d/b/a GMT Trucking; Sunrise Tire and Lube Service, Inc.; Har-Sukh Corp. Inc.; Sam Sandhu ; Jasvir Singh; Rajinder Singh Bassi ; Sukhdev Singh Dhaliwal; Teri-Oat, LLC ; John Doe 1 ; John Doe 2; Goodwill Trucking, LLC and Gurpreet Such, Defendants.

No. CIV 19-0994 JB/JHR

United States District Court, D. New Mexico.

Filed July 5, 2021

Mark T. Baker, Matthew Beck, Elizabeth Radosevich, Peifer, Hanson, Mullins & Baker, P.A., Albuquerque, New Mexico, Attorneys for the Plaintiffs.

Rattan Dev Singh Dhaliwal, Dhaliwal Law Group, Inc., Santa Clara, California, Attorneys for Defendant Sunrise Tire and Lube Service, Inc.

Brian J. Fisher, David C. Larsen, Mayer LLP, Albuquerque, New Mexico, Attorneys for Defendant Gilbert Tan d/b/a/ GMT Trucking.

Raul P Sedillo, Butt, Thornton & Baehr, PC, Albuquerque, New Mexico, Attorneys for Defendant Har-Sukh Corp., Inc.

R D Lohbeck, Sandia Park, New Mexico, Attorney for Defendants Sam Sandhu, Jasvir Singh, Rajinder Singh Bassi, and Teri-OAT, LLC.

Lance Dean Richards, Lauren Wilber, Civerolo, Gralow, & Hill P.A., Albuquerque, New Mexico, Attorneys for Defendants Goodwill Trucking, LLC and Gurpreet Such.

MEMORANDUM OPINION AND ORDER

James O. Browning, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Motion to Set Aside Default, filed January 6, 2021 (Doc. 98)("Default Motion"). The Court held a hearing on May 11, 2021. See Clerk's Minutes at 1, filed May 12, 2021 (Doc. 111). The issues are: (i) whether Defendant Sunrise Tire and Lube Service, Inc.’s culpable conduct caused the Default Judgment, where Sunrise Tire argues that it could not retain an attorney because of the COVID-19 pandemic and because lawyers it contacted were unwilling to oppose Mr. Mark Baker, the Plaintiffs’ counsel; (ii) whether Sunrise Tire has a meritorious defense, where Sunrise Tire argues that it changed the lug nuts on a wheel other than the wheel that struck Barbara Granger, the decedent; and (iii) whether the Plaintiffs, Kristina Martinez and Scott Granger, will be prejudiced by setting aside the Court's default judgment, where this litigation has been underway for nearly three years and trial is fast approaching. The Court will not set aside the Default Judgment under rule 55(c) of Federal Rules of Civil Procedure, because: (i) the Court concludes that Sunrise Tire has chosen largely to be unresponsive in this litigation, given that the relevant events in this litigation occurred well before the COVID-19 pandemic began and the Court has heard other cases, including the present case, where attorneys oppose Mr. Baker; (ii) Sunrise Tire has not presented a meritorious defense, because it has not provided any evidence or specific factual basis in support of its contention that it did not change the lug nuts on the wheel that struck B. Granger; and (iii) allowing Sunrise Tire to re-enter the litigation would prejudice the Plaintiffs, because it would exacerbate significantly the duration, cost, and complication of this case. Accordingly, the Court denies the Default Motion.

FINDINGS OF FACT

The Court takes its facts from the Plaintiffs’ Complaint. See Complaint for Personal Injury, Wrongful Death, and Loss of Consortium ¶¶ 1-90, at 1-17, filed October 24, 2019 (Doc. 1-1). In reviewing a default judgment, the Court takes " ‘the well-pleaded factual allegations’ in the complaint ‘as true.’ " DIRECTV, Inc. v. Hoa Huynh, 503 F.3d 847, 854 (9th Cir. 2007) (quoting Cripps v. Life Ins. Co. of North America, 980 F.2d 1261, 1267 (9th Cir. 1992), and citing Fed. R. Civ. P. 55(a), and Benny v. Pipes, 799 F.2d 489, 495 (9th Cir. 1986) ). See United States v. Craighead, 176 F. App'x 922, 925 (10th Cir. 2006). "However, a ‘defendant is not held to admit facts that are not well-pleaded or to admit conclusions of law.’ " DIRECTV, Inc. v. Hoa Huynh, 503 F.3d at 854 (quoting Nishimatsu Constr. Co. v. Houston Nat'l Bank, 515 F.2d 1200, 1206 (5th Cir. 1975) ). "[D]istrict courts have discretion to decline to award default judgment when there are serious doubts as to the merits of the plaintiff's substantive claim." Sutton v. Heartland Payment Sys., LLC, No. CIV 18-0723 PJK/KK, 2019 WL 5268597, at *1 (D.N.M. Oct. 17, 2019) (Kelly, J.)(citing Eitel v. McCool, 782 F.2d 1470, 1471 (9th Cir. 1986) ). See Tripodi v. Welch, 810 F.3d 761, 764 (10th Cir. 2016) ("After a default judgment is handed down, a defendant admits to a complaint's well-pleaded facts and forfeits his or her ability to contest those facts.").

1. The Parties.

1. "Plaintiff Kristina Martinez was appointed Personal Representative of the Wrongful Death Estate of Barbara Granger" on February 18, 2019. Complaint ¶ 9, at 3.

2. "Martinez is a resident of Santa Fe County, State of New Mexico." Complaint ¶ 9, at 3.

3. "Plaintiff Scott Granger is a resident and citizen of Crawford County, Pennsylvania." Complaint ¶ 10, at 3.

4. "At the time of her death, Barbara and Scott were traveling the country celebrating Scott's recent recovery from cancer

." Complaint ¶ 4, at 2.

5. B. Granger and S. Granger "had been married 27 years." Complaint ¶ 4, at 2.

6. "In addition to Scott, Barbara left behind their three children -- Levi, Travis, and Amanda -- and four grandchildren." Complaint ¶ 4, at 2.

7. "Sukhdev Singh Dhaliwal is listed as the owner of American Tire and Truck Repair with the business license division of San Joaquin County, California." Complaint ¶ 15, at 4.

8. Dhaliwal "is a resident of San Joaquin County, State of California, and a citizen of California." Complaint ¶ 15, at 4.

9. Sunrise Tire "is a California corporation incorporated in March 2017." Complaint ¶ 16, at 4.

10. "Sunrise Tire's principal place of business is located in San Joaquin County, California." Complaint ¶ 16, at 4.

11. Dhaliwal "is Sunrise Tire's Chief Executive Officer and registered agent." Complaint ¶ 17, at 4.

12. Dhaliwal "exercised control over, was an agent, or was a managing agent of the business operating as American Tire and Truck Repair during the times relevant to this complaint." Complaint ¶ 17, at 4.

2. The Truck Repairs.

13. Defendant Dart Trans., Inc., "was the owner and motor carrier operating the tractor-trailer Gilbert Tan was driving during all times relevant to this case." Complaint ¶ 29, at 6.

14. "In July 2018, Dart allowed the mechanic shop operating as, among other business names, American Tire and Truck Repair, to perform work on the Dart tractor-trailer that Tan operated." Complaint ¶ 30, at 6.

15. "Sunrise Tire and Lube Service, Inc. ... [and] Sukhdev Singh Dhaliwal were responsible for the operations, hiring, maintenance, and work American Tire and Truck Repair provided." Complaint ¶ 30, at 6.

16. "[T]he work on the Dart trailer's axle created a dangerous condition such that it only was a matter of time before the wheel fasteners for the rear driver's side axle on the trailer fell off, allowing the wheels to detach from the tractor-trailer." Complaint ¶ 34, at 7.

3. The Accident.

17. "As the Dart tractor-trailer was driving east on Interstate 40 in the area of mile marker 212, two wheels from the driver's side rear axle detached from the Dart trailer." Complaint ¶ 35, at 7.

18. One wheel "skated up an embankment, through a barbed wire fence, and traveled another 100 feet before it came to rest; the other crossed the center median of the interstate." Complaint ¶ 35, at 7.

19. "When the wheels detached from the Dart tractor-trailer, Scott Granger and his wife were both on their motorcycles traveling west in the inside lane of travel." Complaint ¶ 36, at 7.

20. "Barbara was in front of Scott." Complaint ¶ 36, at 7.

21. "Scott suddenly saw the Dart wheel cross the median and hit Barbara." Complaint ¶ 36, at 7.

22. "The force of the wheel striking Barbara pushed her into the outside lane of travel, where the Goodwill Trucking tractor-trailer hit her, throwing her motorcycle off the roadway." Complaint ¶ 37, at 8.

23. B. Granger "became entangled in the Goodwill Trucking tractor-trailer's undercarriage." Complaint ¶ 38, at 8.

24. "The tractor-trailer dragged her until" Defendant Gurpreet "Such finally brought it to a stop at a location ... approximately .5 mile from the point that he first hit her." Complaint ¶ 38, at 8.

25. S. Granger "was on his motorcycle traveling just behind Barbara and saw the wheel from the Dart tractor-trailer hit her before she disappeared under the Goodwill Trucking tractor-trailer." Complaint ¶ 3, at 2.

26. "After seeing the wheel from the Dart tractor-trailer hit Barbara, Scott immediately stopped and began searching for her." Complaint ¶ 39, at 8.

27. S. Granger "found where her motorcycle came to rest off the interstate and frantically looked for" B. Granger. Complaint ¶ 39, at 8.

28. "Another driver stopped, pointed out to Scott the Goodwill Trucking tractor-trailer parked down the road, and gave Scott a ride to where it was parked." Complaint ¶ 39, at 8.

29. "Scott found Barbara there still entangled in the undercarriage." Complaint ¶ 39, at 8.

30. B. Granger "died at the scene from ... injuries she suffered during the crash." Complaint ¶ 40, at 8.

31. "The Dart tractor-trailer pull[ed] over and stop[ped] after throwing its rear trailer wheels." Complaint ¶ 41, at 8. 32. "[L]aw enforcement found fluid that leaked from the rear trailer axle pooled at the same location the tractor-trailer was seen temporarily stopped." Complaint ¶ 41, at 8.

33. "State law enforcement issued citations based on the Dart tractor-trailer's stripped and missing wheel fasteners for the lost wheels and further documented that the axle was damaged and leaking fluid." Complaint ¶ 42, at 8.

PROCEDURAL BACKGROUND

The Plaintiffs filed the Complaint in the First Judicial District Court, County of Santa Fe, State of New Mexico, on August 8, 2019. See Complaint at 1. Goodwill Trucking, LLC, a defendant no...