Pizarro

INTRODUCTION

17 In this asbestos action, plaintiffs seek remand to state court. Because defendant has 18 established a colorable government contractor defense, plaintiffs’ motion to remand is DENIED. 19

STATEMENT

20 The complaint alleges that Renato C. Pizarro has been diagnosed with mesothelioma 21 resulting from exposure to asbestos. He became exposed to asbestos while serving as a 22 mechanic aboard various ships in the United States Navy from 1975 through 1998. 23 The complaint asserts asbestos-related injury claims by him and a loss-of-consortium claim 24 by his wife, Mercedita D. Pizarro (Compl. ¶¶ 1, 6, 138, Exh. A at 1–10). 25 The complaint was filed in state court against companies that either manufactured 26 products containing asbestos or operated and controlled workspaces containing asbestos during 27 the relevant time period. Most relevant here, plaintiffs named National Steel and Shipbuilding 1 Company (“NASSCO”) in claims for general negligence, vicarious liability, premises liability, 2 and loss of consortium. The complaint did not assert any product liability claims against 3 NASSCO. It expressly clarified that the claims against NASSCO did not…