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IN RE: KELVIN MANBODH ASBESTOS LITIGATION SERIES ) ASBESTOS DOCKET ) ) MASTER DOCKET NO.: 324/1997 ) KEL VIN 1''''''''',1 ~"""'-''''''''i A. ET vs. HESS OIL VIRGIN ISLANDS Defendants. ) ) CIVIL NO. 324/1997 ) ) ACTION FOR DAMAGES ) ) JURY TRIAL DEMANDED ) ) MASTER FILE NO. --"=-~-"- ) ~----------------------~---------------) HESS OIL VIRGIN ISLANDS Third vs. LOCKHEED MAR TIN Third Defendants. ) ) MEMORANDUM OPINION ) DENYING HESS OIL VlRGIN ) ISLANDS CORPORATION'S ) MOTION TO FOR ENLARGEMENT ) OF TIME IN WHICH TO SERVE ) VIACOM INC. AND GRANTiNG ) VIA COM INC. '5 MOTION TO ) DISMISS ) ------------------------------------------) UTWIN CORPORATION and UTWlN PAN-AMERICAN Third vs. UNIVERSAL OIL PRODUCTS Third Defendants. ) ) ) ) ) ) ) ) ) ) ) --------------------------------------~--) islands P.O. Box 4589 1134 St. Floor MARIA Senior Assumed senior status on FRANCIS L. EVERT &, WEATHERSBY ruu .... u ...... ___ ....... _ 30305 Ii 2006. In Fe Kelvtrt Manbodh Asbestos Litigation &ril:s Ci\,. No. 324/1997 MEMORANDUM OPINION - Denying Motion for Enlargement of Time in which to Serve Its Complaint Page 2 of8 is en1:ere~a a to timely serve a ,","-'J,ul-"~ ..... n ... reasons, nclt,n.T1n:n IS ut::lrnt:u re a were settled to to its successor by un ........ • ... HA to /" re Kelvin MQ'fIhrxih Asbestos LII/gallon Series Civ No, 324/1991 MEMORANDUM OPINION - Denying Motion fOf Enlargement of Time in which to Serve Its Complaint Page 3 of8 cases, were successor an enJlarltlernellt 50 that it may serve it was unaware Compilailllt on own wa5aWnbl~table at>s:enc:e of to an ext:enlUOlrl. pre:JucJllce to a defendant alone ~an never suffice for a "h'''Iw:ino cause under Rule V. 71 F.3d 1097 It may be cOJlsicJlered, In 1'(1 Kelvin Mcmbodh Aabestru Litigation SerU!s Civ, No, 324/1991 MEMORANDUM OPINION - Denying Motion for Enlargement of Time in which to Serve Its Complaint Page 4 0(8 on 1i:""Jii"T~~ I occ~aslons. I:)eglmllnlg est.aOllsn good cause not reasons states same manner as a ueceln"c~r 8, was not to to is of l'rc.ce~lure. which f" ...... ~n".."' .. " a summons served on a a within the court's LLP concedes that it received and even access to but that such aU(Jw,mCles were attributable to its rer)reJ~entatlon ;On)OTiUlo'n. not In ,.e Kelvin Manbodh Asbestos LitIgation Se,jes CrY', No. 32411997 MEMORANDUM OPINION Denying Motion for Enlargement of Time in whicb to Serve Its Complaint Page S ofS FED. R. it is "''1''\1',,1'1<=.11 to an eXl[enSlO~n 'lIn ... .....,.'I"\..- to cure is v. v. on "',,",''''~.'''''''' was not even lit f'1t Kelvin Manbodh Aabeslru Litigation Seriell Ci\', No. 324/1991 MEMORANDUM OPINION - Denying Motion for Enlargement ofTimc: in which to Serve: lts Complaint Page 6 of8 to serve Viacom ou1:S1dle until more than two ,.....".-.. ~ .... 08 an cause not either G1Sml:SS the case or cause to cause removes a trial court's GH;Cr,eu,on to instructs that an aOIOr()Orlat,e 1J .... .Lt.'v ...... cause or any com[JelUJ1iliZ reason, inter statute Court will OlsmUiS ........... ,.A .. ., this matter nnpC'I''2 .... ~1' to because is to name In re Kelvin Manbodh Asbestos Lltigalion SentI Civ. No. 32411997 MEMORANDUM OPINION Denying Motion for Enlargement of Tame in which to Serve Its Complaint Page 7of8 All name are sut)lel:t to same are is not a C!l"\j::l> .... 'Y1t" v. VI are • U'I>_ 'u .... ".... statute .. :n ....... ,,lv,U 31 6 4 "Civil actions shaH be i;omrnenced within the nr.F'~r,·ih~·ri below after a cause of action shall have accrued. : An action upon a contract or express or ""1-'''0;:;14, eJI(Ce'ptIrlg those mentioned in of this section. S VJ.C. § 3 t(S)(A) S See Maurice T. Brunner, Annotation When Statute Contribution or Based on Tort, 57 A.L.R.3d contribution and causes of action accrue from the time of ft!li~lll'nP"t because of the of murQ-I)a[l~V DIt'3cttce, In the court Islands statute of limitations was borrowed from which in turn had its in the ) 5 V.1. at 229 n. !3. Dublin aCI<Jl01NJedac:CI followed the contribution and indemnification actions as contract actions. See e.g., v. 1189-90 the same the Dublin court concluded instead that such actions should be considered as torts, I"Irl!mS1l1l"tl\l due to the fact that the Government was a defendant and indemnitor. The Court relied 5U~)portlrlg the Islands Tort found section 3409 of title 33 of the Is lands in limited circumstances. In re Kelvin Manbodh Ashestos LiJigmion Series Ci\l. No. )24/1997 MEMORANDUM OPINION Denying Motion for Enlargement of Time in which to Serve Its Complaint Page 8 of8 contract causes HI to name as a ctlsrnll~SaJ 7 5 are not cn()osc~S not to exc::rcl:se will not a serves statutes of limitations for contribution and now without a similar the Court finds that the six· to these actions. See e,g., REV. STAT. § 31.810 of action' for-eontrib'Uti.ftOW umIUanOllS); AMERICAN LAW OF PRODUCTS LIABILITY TREATISE § 52~137 ed. states have statutes of limitations for COiltribut:JOI1I). Under Rule i 5 of the Federal Rules of Civil t'rC)CetCJUTe, IUlu-r'clfIIV Defendant does not relate back to the initial of that action in Nnv ... \"I1'\,.... ... does not of limitations FED, R. elV. p~ In Viacom'5 pre:de<:es!;or, was dismissed The November 2004 Third Amended for any of the the relation back of amendments. the statute not such causes of action. See 5 V.I.C. § 31; to add a claim eXlstll1lg party to the lawsuit. ml!;tu~enlly name II. now seek to correct that error. FED. R. cry. P. 1 within six years of the date for the Third Amended that any of HOVle's claims accrued forced to refile. actions would have accrued. nU'Tl_I"'S~nv Complairlt. November 3,2004. To the extent be even if HOVIC was not