Martinez v. Dart Trans, Inc.

547 F.Supp.3d 1140

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 6, 2021

Mark T. Baker, Elizabeth Radosevich, Matthew Beck, 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 Defendants Sunrise Tire and Lube Service, Inc. and Sukhdev Singh Dhaliwal.

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 Plaintiffs’ Rule 60(a) Motion to Correct Mistake in Default Judgment, filed May 14, 2021 (Doc. 112)("Motion"). The Court held a hearing on June 18, 2021. See Clerk's Minutes at 1, filed July 1, 2021 (Doc. 127). The primary issues are: (i) whether, under rule 60(a) of the Federal Rules of Civil Procedure, the Court may alter its Default Judgment, filed January 29, 2020 (Doc. 36), to correct a misnomer¹ ; and (ii) whether the Court should correct its Default Judgment to change the Defendant to whom the Default Judgment refers as Sukhdev Singh Dhaliwal to Sukhdev Singh, a/k/a Sukhdev Singh Dhaliwal, a/k/a Sukhdev Dhaliwal Singh, where this Defendant² has used all three names during this litigation. The Court will alter its Default Judgment to refer to this Defendant as Sukhdev Singh, a/k/a Sukhdev Singh Dhaliwal, a/k/a Sukhdev Dhaliwal Singh, because: (i) rule 60(a) permits the Court to correct misnomers, given that changing a misnomer comports with rule 60(a) ’s purpose in that the correction does not change a party's identity, but rather, ensures that the Default Judgment identifies correctly the individual against whom the Court has entered Default Judgment; and (ii) throughout the litigation, the parties and the Court have known whom this Defendant is -- Defendant Sunrise Tire and Lube Service, Inc.’s owner and registered agent -- and changing the name in the Default Judgment will reflect more clearly the Court's purpose in entering the Default Judgment, by preventing this Defendant from avoiding the Default Judgment's consequences by attempting to go by different versions of the same name. Accordingly, the Court grants the Motion.

FACTUAL BACKGROUND

The Court takes its facts from the Plaintiffs’ Complaint for Personal Injury, Wrongful Death, and Loss of Consortium ¶¶ 1-90, at 1-17, filed October 24, 2019 (Doc. 1-1). "Plaintiff Scott Granger is a resident and citizen of Crawford County, Pennsylvania." Complaint ¶ 10, at 3. B. Granger and S. Granger were "married 27 years." Complaint ¶ 4, at 2. "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. Dhaliwal "is a resident of San Joaquin County, State of California, and a citizen of California." Complaint ¶ 15, at 4. Sunrise Tire "is a California corporation incorporated in March 2017." Complaint ¶ 16, at 4. "Sunrise Tire's principal place of business is located in San Joaquin County, California." Complaint ¶ 16, at 4. Dhaliwal "is Sunrise Tire's Chief Executive Officer and registered agent." Complaint ¶ 17, at 4. 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.

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. "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. "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. "[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.

B. Granger and S. Granger "were traveling the country celebrating Scott's recent recovery from cancer," when B. Granger died in an accident. Complaint ¶ 4, at 2. "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. 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. "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. "Barbara was in front of Scott." Complaint ¶ 36, at 7. "Scott suddenly saw the Dart wheel cross the median and hit Barbara." Complaint ¶ 36, at 7. "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. B. Granger "became entangled in the Goodwill Trucking tractor-trailer's undercarriage." Complaint ¶ 38, at 8. "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.

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. "After seeing the wheel from the Dart tractor-trailer hit Barbara, Scott immediately stopped and began searching for her." Complaint ¶ 39, at 8. S. Granger "found where her motorcycle came to rest off the interstate and frantically looked for" B. Granger. Complaint ¶ 39, at 8. "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. "Scott found Barbara there still entangled in the undercarriage." Complaint ¶ 39, at 8. B. Granger "died at the scene from ... injuries she suffered during the crash." Complaint ¶ 40, at 8.

"The Dart tractor-trailer pull[ed] over and stop[ped] after throwing its rear trailer wheels." Complaint ¶ 41, at 8. "[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. "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. "Plaintiff Kristina Martinez was appointed Personal Representative of the Wrongful Death Estate of Barbara Granger" on February 18, 2019. Complaint ¶ 9, at 3. "Martinez is a resident of Santa Fe County, State of New Mexico." Complaint ¶ 9, at 3.

PROCEDURAL BACKGROUND

The Plaintiffs filed the Complaint in the County of Santa Fe First Judicial District Court, State of New Mexico, on August 8, 2019. See Complaint at 1. Defendant Goodwill Trucking, LLC, a Defendant no longer involved in this case, see Stipulated Order of Partial Dismissal with Prejudice, filed March 23, 2021 (Doc. 108), removed the case to federal court, see Notice of Removal, filed October 24, 2019 (Doc. 1). When Defendants Sunrise Tire and Sukhdev Singh Dhaliwal did not file an answer with the Court, the Clerk of the Court entered default, see Clerk's Entry of Default at 1, filed December 6, 2019 (Doc. 12)("Sunrise Default Entry"); Clerk's Entry of Default at 1, filed December 11, 2019 (Doc. 19)("Dhaliwal Default Entry"), and, later, the Court entered default judgment, see Default Judgment at 1-2. The Plaintiffs now ask the Court to correct its Default Judgment to reflect this Defendant's pseudonyms. See Motion at 1-5.

1. The Complaint.

Counts III, VI, and VII of the Complaint relate to Sunrise Tire and Dhaliwal. See Complaint ¶¶ 61-65, at 11-12 (discussing Count III: Negligence); id. ¶¶ 83-86, at 15 (discussing Count VI: Negligent Infliction of Emotional Distress); id. ¶¶ 87-90, at 16 (discussing Count VII: Loss of Consortium). The Plaintiffs allege that Sunrise Tire and Dhaliwal, as well as other Defendants who have since been dismissed from this case, were negligent, explaining that they

owed the plaintiffs a duty to operate the tire and mechanic shop doing business as, among other names, American Tire and Truck Repair, with reasonable care. That includes using reasonable care to ensure that services on all vehicles, and commercial tractor-trailers in particular, were performed with the care a reasonably prudent person would exercise to prevent injury to others, including

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