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Thornton v. Hamilton Sundstrand Corp

May 31, 2012

THORNTON
v.
HAMILTON SUNDSTRAND CORP



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The Court denies Third-Party Defendant Airservices Australia's Motion to Dismiss [35], and denies as moot Defendants' motion for leave to file a sur-reply [56]. No appearance is required on the 6/7/12 notice date.

O[ For further details see text below.] Notices mailed by Judicial staff.

STATEMENT

Presently before the Court is Third-Party Defendant Airservices Australia's Motion to Dismiss. (R. 35.) For the reasons explained below, the motion is denied.

BACKGROUND

I. Relevant Factual Allegations

This case arises out of a May 7, 2005 fatal commuter aircraft accident near Lockhart River in Queensland, Australia. Prior to the accident, Jeppesen Sanderson, Inc. ("Jeppesen") "produced and sold certain charts for instrument approaches to Lockhart River Aerodrome, including charts for a Runway 12 RNAV (GNSS) approach." (R. 1-15, Am. Compl. at 20.) Additionally, prior to the accident, Airservices Australia ("ASA"):

generated and distributed data to Jeppesen [] at its place of business in Englewood, Colorado, which Jeppesen used to produce and sell charts for instrument approaches to the Lockhart River Aerodrome, including charts for runway approaches. The data provided to Jeppesen Sanderson included a specific instrument approach procedure for Runway 12 at the Lockhart River Aerodrome which Jeppesen Sanderson included in its charts.

(See R. 1, Ex. D, Jeppesen Third Party Compl. ("Jeppesen TPC") at 25; R. 32, Hamilton Am. Third Party Compl. ("Hamilton TPC") at 3.)

On or about September 18, 2009, ASA advised the Australia Transport Safety Bureau that ASA "had redesigned and flight validated the relevant approach to Runaway 12 at the Lockhart River Aerodrome." (Jeppesen TPC at 27; Hamilton TPC at 4.) "A chart setting forth the redesigned approach procedure was published by [ASA], effective November 9, 2009." (Id.)

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