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VASQUEZ v. BRIDGESTONE/FIRESTONE, INC.
192 F.Supp.2d 730 (2001)
Maria Olivia VASQUEZ, et. al., Plaintiffs
v.
BRIDGESTONE/FIRESTONE, INC.; General Motors Corp; Lucent Technologies, Inc.; Lucent Technologies Maquiladoras, Inc., Defendants.
No. CIV.A.1:01-CV-168.
United States District Court, E.D. Texas, Beaumont Division.
November 30, 2001.
George Edmond Chandler, Chandler Law Offices, Lufkin, Dana R. Allison, Brownsville, Guy H. Allison, Corpus Christi, for Plaintiffs.
Edmundo O. Ramirez, Luis M. Cardenas, Ellis Koeneke & Ramirez, McAllen, for Plaintiff/Intervenors.
Morgan Lee Copeland Jr., Knox Nunnally, Vinson & Elkins, Houston, for Defendant Brigestone/Firestone.
Kyle Harold Dreyer, Hartline Dacus Dreyer & Kern, Dallas, for Defendant General Motors.
F. Edward Barker, Roland L. Leon, Margery Huston, Barker Leon Fancher & Matthys, Corpus Christi, for Lucent.
MEMORANDUM OPINIONCOBB, District Judge. The defendants, Bridgestone/Firestone, Inc., General Motors Corp. (hereafter "GMC"), Lucent Technologies, Inc. (hereafter "Lucent"), and Lucent Technologies Maquiladoras, Inc. (hereafter "L.T.M."), have moved this court to enjoin Plaintiffs, Intervenors, and their attorneys of record from pursuing any claim against the defendants arising from the August 12, 1999 accident in a Texas state or federal court. Upon consideration of the briefs submitted by the parties and oral arguments, the court is of the opinion that the permanent injunction should be GRANTED.1 This action arises out of a single-automobile accident which occurred in Nuevo Leon, Mexico, on or about August 12, 1999. The plaintiffs' and intervenors' decedents were passengers in a 1996 Chevrolet Suburban equipped with Bridgestone/Firestone tires. The Suburban was made, marketed, bought and maintained in Mexico. The Bridgestone/Firestone tires were clearly marked "Made in Mexico." The driver and seven passengers, all citizens and residents of Mexico, were proceeding from a training session in Matamoros, Mexico to their work site at Monterrey, Mexico. The seven passengers were employees of Servicios de Manufacturas de Monterrey, S.A. de C.V. ("Servicios"), which was under contract with Lucent to provide operating and managerial support to Lucent. The training session the Servicios employees had attended was required by Lucent. The plaintiffs allege that, during the return trip, one of the tires delaminated, causing the Suburban to lose control and roll over several times. There is evidence that a tire did indeed delaminate. The driver and one passenger survived and recovered. The other six passengers, Valente Ibarra Ibarra, Jesus Davila Paz, Sergio Alberto Zavala Ponce, Gabriella Villagran Castro, Ivonne Juarez, and Hector Rojo Medina (collectively the "Decedents"), died. The surviving spouses of the Decedents, suing in multiple capacities, have filed multiple suits in Texas with regard to this accident. The following is a summary of the four known lawsuits that have been filed:
Vasquez I-On March 15, 2000, surviving relatives of five of the Decedents (Ibarra, Paz, Ponce, Castro, and Juarez) (hereafter the "Plaintiffs") filed a lawsuit in the United States District Court for the Southern District of Texas against four defendants: Lucent, L.T.M., Bridgestone/Firestone, Inc., and Servicios. On May 15, 2000, surviving relatives of the sixth decedent, Hector Rojo Medina (hereafter the "Intervenors"), filed a plea in intervention. On June 14, 2000, Judge Tagle dismissed the action for lack of jurisdiction.Vasquez II-On January 19, 2001, the Plaintiffs filed suit in the District Court for the 128th Judicial District, Orange County, Texas again against four defendants, but this time they substituted GMC for Servicios. The defendants removed the case to this federal court and then moved for a dismissal based on the doctrine of forum non conveniens. All parties filed reams of paper with this court thoroughly arguing their positions regarding the forum non conveniens issue, and on August 7, 2001, this court issued a Memorandum Opinion dismissing the case with prejudice on forum non conveniens grounds. This Memorandum Opinion will be discussed in greater detail below. On September 18, 2001, the Plaintiffs and Intervenors appealed this court's forum non conveniens ruling to the United States Court of Appeals for the Fifth Circuit.
1. The court filed an Order granting the permanent injunction on November 19, 2001, with this memorandum opinion to follow.
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