United States District Court, N.D. New York
BRANDON R. CLARK, Plaintiff,
DEMATIC CORP.; DEMATIC NORTH AMERICA; HK SYSTEMS, INC.; HK SYSTEMS UHS; LITTON SYSTEMS, INC.; LITTON SYSTEMS INTERNATIONAL, INC.; LITTON UNIT HANDLING SYSTEMS, a Division of Litton Systems, Inc.; NORTHROP GRUMMAN GUIDANCE AND ELECTRONICS COMPANY, INC.; WESTERN ATLAS INC., f/k/a Litton Industrial Automation Systems, Inc.; DESIGNED CONVEYOR SYSTEMS, INC.; DESIGNED CONVEYOR SYSTEMS, LLC; INTERMEC, INC.; and INTERMEC TECHNOLOGIES CORPORATION, Defendants.
ERIC C. NORDBY, ESQ., MICHAEL SCOTT PORTER, ESQ., PORTER NORDBY HOWE LLP, Attorneys for Plaintiff, Syracuse, NY.
DAVID M. CAPRIOTTI, ESQ., HARRIS BEACH PLLC, Attorneys for Defendants Dematic Corp.; Dematic North America; HK Systems, Inc.; and HK Systems UHS, Syracuse, NY.
JEFFREY A. WADSWORTH, ESQ., RICHARD E. ALEXANDER, ESQ., HARTER SECREST & EMERY LLP, Attorneys for Defendants Litton Systems, Inc.; Litton Systems International, Inc.; Litton Unit Handling Systems; and Northrop Grumman Guidance and Electronics Company, Inc., Rochester, NY.
MELISSA A. DZIAK, ESQ., CIPRIANI & WERNER, P.C., Attorneys for Defendant Western Atlas Inc., Scranton, PA.
STEVEN W. WILLIAMS, ESQ., SHANE P. SIMON, ESQ., SMITH, SOVIK, KENDRICK & SUGNET, P.C., Attorneys for Defendants Designed Conveyor Systems, Inc. and Designed Conveyor Systems, LLC, Syracuse, NY.
MATTHEW J. ROE, ESQ., OFFICE OF THERESA J. PULEO, ESQ., Attorneys for Defendants Intermec, Inc. and Intermec Technologies Corporation, Syracuse, NY.
DAVID N. HURD, District Judge.
This case arises from a workplace accident that occurred at a FedEx facility in Syracuse, New York, on February 17, 2011. Plaintiff Brandon R. Clark, a FedEx employee, was injured when his hand became entangled in a conveyor belt system.
On February 17, 2014, Clark filed this action in New York Supreme Court, Onondaga County, against the following corporate defendants: Dematic Corp. and Dematic North America ("Dematic"); HK Systems, Inc. and HK Systems UHS ("HK Systems"); Litton Systems, Inc., Litton Systems International, Inc., and Litton Unit Handling Systems ("Litton"); Northrop Grumman Guidance and Electronics Co. ("Northrop Grumman"); Western Atlas Inc. ("Western"); Designed Conveyor Systems, Inc. and Designed Conveyor Systems, LLC ("Designed Conveyor"); and Intermec, Inc. and Intermec Technologies Corp. ("Intermec").
Defendants removed the action to federal court in June 2014. The Litton, Northrop Grumman, Dematic, HK Systems, Western, and Designed Conveyor defendants have filed a total of four motions to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). Clark opposes the motions and has filed a cross-motion seeking leave to file an amended complaint pursuant to Rule 15. All five motions have been fully briefed.
Oral argument was heard in Utica, New York. Decision was reserved.
II. FACTUAL BACKGROUND
The following pertinent facts, taken from the proposed amended complaint, are assumed true for purposes of the motions to dismiss. See Chambers v. Time ...