Burchett

Burchett v. State of CA Dept. of Forestry and Fire Protection

Good Law
United States District Court, Eastern District of CaliforniaApril 26, 20212:19-cv-01812California4,756 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 HEATHER BURCHETT and G.B., by No. 2:19-CV-01812-MCE-JDP and through his Guardian ad Litem, HEATHER BURCHETT, Plaintiffs, MEMORANDUM AND ORDER v. GLOBAL SUPERTANKER SERVICES, LLC, and DOES 1 through 50, 15 Defendant. 16 In this action, Plaintiff Heather Burchett seeks to recover on behalf of herself and her minor child, G.B., (collectively “Plaintiffs”) for injuries sustained when her spouse, Matthew Burchett, (“Decedent”) was fatally wounded battling a forest fire in Mendocino County. Defendant Global SuperTanker Services, LLC (“GSTS” or “Defendant”) owns and operates a Very Large Airtanker (“VLAT”) to assist firefighting operations, often globally. Presently before the Court is Defendant’s Motion to Dismiss the Plaintiffs’ First Amended Complaint. Def’s. Mot. Dismiss, ECF No. 39. Plaintiffs oppose the Motion and move to initiate discovery pursuant to Federal Rule of Civil Procedure 56(d). Pls.’ Opp., ECF No. 44; Pls.’ Mot. Disc., ECF No. 47. For the reasons set forth…

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