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Manquero v. Ametek Inc.

June 30, 2010

MIREYA MANQUERO, ET AL., PLAINTIFFS,
v.
AMETEK INCORPORATED, DEFENDANT



The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

SCHEDULING CONFERENCE ORDER

Discovery Cut-Off: 9/9/11

Non-Dispositive Motion. Filing Deadline: 9/26/11

Non-Dispositive Motion 9:00 Ctrm. 8 Hearing Date: 10/28/11

Deadline: 10/8/11 Dispositive Motion Filing

Dispositive Motion Hearing Date: 11/21/11 10:00 Ctrm. 3

12/7/11 11:00 Ctrm. 8 Settlement Conference Date:

Pre-Trial Conference Date: 1/9/12 11:00 Ctrm. 3

Ctrm. 3 (JT-16 days) Trial Date: 2/28/12 9:00

I. Date of Scheduling Conference.

June 30, 2010.

III. Summary of Pleadings.

1. Plaintiffs are the family members of Anthony Manquero, who died after exsanguinating on August 30, 2009 after an industrial accident in which an auger crushed his left leg, transecting the femoral and popliteal arteries.

2. The injury took place in a winery located at 8418 S. Lac Jac Avenue, Reedley, California 93654. The winery has an auger system to transfer field grapes through a warehouse building to a crusher on the other side. The auger system is approximately 200 feet long, and is set in an 18x18-inch trough below floor level. According to investigation reports, the trough and auger are covered first by a heavy drive-over plate, which allows industrial vehicles to cross, and then by a second aluminum screen approximately ten-gauge thick.

3. According to the OSHA report, decedent Anthony Manquero was cleaning the trough with a co-employee on the day of the accident. The driver-over plate had been removed, and the employees were hosing out the trough while the auger was running. At some point, as decedent Anthony Manquero was apparently attempting to step across the trough, his left heel went through the second screen and became entangled in the auger, which pulled him into the trough.

4. Co-employees stopped the auger, and the auger was manually reversed by the fire department to free decedent. Anthony Manquero died at the scene.

IV. Orders Re Amendments To Pleadings.

1. There may be a need to amend to determine the correct party who manufactured and installed the subject auger. The parties agree that if the manufacturer of the auger is different from the present designee, that the complaint may be amended by stipulation to join the correct party.

V. Factual Summary.

A. Admitted Facts Which Are Deemed Proven Without Further Proceedings

1. Plaintiff's decedent, Anthony Manquero, died after exsanguinating August 30, 2009, after an industrial accident in which an auger crushed his left leg transecting the femoral and popliteal arteries.

2. The injury occurred at a winery located at 8418 S. Lac Jac Avenue, Reedley, California 93654.

3. The winery has an auger system to transfer field grapes through a warehousing building to a crusher on the other side.

4. The auger system is approximately 200 feet long, and is set in an 18x18-inch trough below floor level.

5. According to investigation reports, the trough and auger are covered first by a heavy drive-over plate, which allows industrial vehicles to cross, and then by a second aluminum screen approximately ten-gauge thick.

6. According to the OSHA report, decedent Anthony Manquero was cleaning the trough with a co-employee on the day of the accident.

7. The drive-over plate had been removed, and the employees were hosing out the trough while the auger was running.

8. At some point, as decedent Anthony Manquero was apparently attempting to step across the trough, his left heel went through the second screen and became entangled in ...


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