Facts
- Don Gregory Chiarella sustained personal injuries while working on the construction of the Governor Mario M. Cuomo Bridge owned by the New York State Thruway Authority [lines="24-25"].
- The accident occurred when Chiarella used a wooden pallet to descend from an upper to a lower walkway at the construction site [lines="25-27"].
- Chiarella alleges violations of Labor Law §§ 240(1) and 241(6) based on the defendant's failure to provide proper safety devices and compliance with Industrial Code provisions [lines="28-29"].
- The defendant cross-moved for summary judgment to dismiss claims regarding certain violations of Labor Law § 241(6) [lines="29-30"].
- The Court of Claims denied Chiarella's motion for summary judgment on liability for Labor Law § 240(1) and certain aspects of § 241(6) but granted the defendant’s dismissal of other claims [lines="30-32"].
Issues
- Whether the Court of Claims erred in denying summary judgment on the issue of liability for Labor Law § 240(1) [lines="32"].
- Whether the Court of Claims erred in granting the defendant's motion for summary judgment dismissing claims under Labor Law § 241(6) based on violations of specific Industrial Code provisions [lines="48"].
Holdings
- The appellate court held that the Court of Claims erred in denying summary judgment on the issue of liability for Labor Law § 240(1), as Chiarella established the defendant's failure to provide necessary safety devices led to his injuries [lines="40"].
- The court affirmed the dismissal of Labor Law § 241(6) claims related to violations of Industrial Code provisions 12 NYCRR 23-1.21 and 23-2.7, as they were deemed inapplicable under the case's circumstances [lines="48-50"].
OPINION
Case Information
*1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
AL-HARETH AL-BUSTANI, CASE NO. C22-5238JLR Plaintiff, ORDER v.
SEAN B. ALGER, et al.,
Defendants.
Before the court is Plaintiff Al-Hareth Al-Bustani’s response to the court’s June 28, 2024 order to show cause. (OSC Resp. (Dkt. # 157); see also 7/1/24 Order (Dkt. # 156) at 27.) The court ORDERS as follows: The court DISCHARGES its June 28, 2024 order to show cause. (7/1/24
Order at 27.) Mr. Al-Bustani’s claims against Defendants Louis Clyde Holder, Sean B.
Alger, and S.B. Alger Studio Productions (together with Mr. Alger, the “Alger Defendants”) for (1) violations of the Washington Personality Rights Act, and *2 (2) invasion of privacy (false light), are DISMISSED with prejudice. ( See 7/1/24 Order at 27 (ordering Mr. Al-Bustani to show cause why the court should not dismiss these claims with prejudice); OSC Resp. at 2 (responding that Mr. Al-Bustani “requests and consents” to the dismissal); see also SAC (Dkt. # 94) at 18-19.)
3. Having disposed of all outstanding claims in this matter, the court VACATES all remaining pre-trial deadlines and the September 23, 2024 trial date. ( See generally Sched. Order (Dkt. # 137).)
4. Mr. Al-Bustani shall file his motion for reasonable attorney’s fees and costs by no later than July 22, 2024 , and note the motion in accordance with Local Civil Rule 7(d)(3). Local Rules W.D. Wash. LCR 7(d)(3) (governing 21-day motions). ( See 7/1/24 Order at 25-27 (preliminarily granting Mr. Al-Bustani’s request for attorney’s fees and costs and advising that the court would “direct Mr. Al-Bustani to file his [fee] motion . . . after the court disposes of his outstanding claims”). The court notes it has previously awarded Mr. Al-Bustani certain attorney’s
fees and costs as a sanction for the Alger Defendants’ violations of the court’s discovery orders. ( See 9/22/23 Min. Entry (Dkt. # 110); 10/25/23 Order (Dkt. # 115) at 8-9; see also 2/7/24 Order (Dkt. # 145) at 3 n.1.) Mr. Al-Bustani must ensure his request for reasonable attorney’s fees and costs does not reflect an impermissible double recovery. In addition, the court notes it has granted default judgment in Mr. Al-Bustani’s favor against multiple defendants, some of whom are separately liable from one another. ( See 7/1/24 Order at 22 (ordering that Defendant James Maiden and Mr. Holder shall each be individually liable for $675,000, whereas the Alger Defendants shall *3 be jointly and severally liable for $675,000).) The court intends to allocate attorney’s and costs among the defaulted defendants in “the most fair and sensible” manner possible. Keating v. Jastremski , No. 3:15-cv-57-L-AGS, 2021 WL 1195868, at *8 (S.D. Cal. Mar. 30, 2021) (quoting Grendel’s Den, Inc. v. Larkin , 749 F.2d 945, 960 (1st Cir. 1984)). Accordingly, Mr. Al-Bustani shall fashion his request for attorney’s fees and costs in a manner that fairly reflects the amount of time attributable to his claims against Mr. Maiden, Mr. Holder, and the Alger Defendants.
7. The court will enter final judgment after determining the amount of Mr.
Al-Bustani’s fee award.
Dated thi s 8th day of July, 2024. A JAMES L. ROBART United States District Judge