Defendant seeks transfer from Galveston County to federal court

John Suayan, Galveston Bureau May 25, 2012, 11:28am

GALVESTON - Arkansas-Oregon Pneumatics has filed a notice of removal requesting a lawsuit against it be transferred to federal court.

A three-page document submitted May 7 before the Galveston County 212th District Court requests that the Galveston Division of the Southern District of Texas hear the case against the defendant.

In a lawsuit filed March 23, Alltec Lifting Systems LLC claims AOP failed to provide equipment pursuant to its specifications and industry standards.

The original petition explains that the plaintiff placed a purchase order for the materials on behalf of CSC Applied Technology Group to AOP last year only to learn they were full of multiple welding failures.

The materials were intended for the Johnson Space Center, court papers state.

Alltec shows that it purchased a custom lifting device and cradle in late 2011 after entering into a contract with the defendant only to uncover numerous structural and welding problems upon receipt.

According to the suit, Alltec learned that AOP did not have its own weld procedure for aluminum and even reportedly plagiarized that of another company's.

Court papers add that more tests on the fully assembled ring and cradle throughout the end of last year ultimately determined that AOP's "poor" fabrication created structural deficiencies which CSC came across and brought to Alltec's attention.

The subject dispute continued as Alltec's attempt to present AOP with a settlement offer the former could afford was rejected, they say.

AOP's notice insists the suit should be heard by a U.S. District judge since both parties live in different states and the supposed damages total to more than $75,000.

Greer, Herz & Adams LLP is representing the defendant.

Case No. 12-cv-573

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