A Motion to Compel was served on Washington Companies subsidiary Thursday, May 20, 2021. A Motion to Compel asks the Federal Court to enforce a request for information relevant to the case. This Federal motion is used when one of the parties does not cooperate, refusing to answer requests for discovery appropriately, or fails to respond by the deadline. In this federal suit, the Washington Companies subsidiary has failed to provide three key documents. These requested documents include information regarding the bonus programs for the managers of the Rochester, WA complex, an accident report, and emails relevant to the case.

There have been two requests for these important documents about how Washington Companies employee Mr Dale Birdwell’s bonus was calculated and the items that came into play to see if the division Mr Birdwell managed qualified for a bonus.

The ETON company which was hauling the machines seeks to find out if Mr Birdwell would have lost his bonus if Mr Birdwell’s group would have been found at fault for an accident when a truck carrying two Komatsu loaders struck a bridge in the State of Washington after leaving the Modern Machinery lot. There is speculation that Mr Birdwell’s bonus was a factor in the missing accident report which is crucial to the Federal lawsuit.

There exists a narrative that Mr Birdwell’s potential profit-sharing income was the reason for Mr Birdwell’s action in producing a second accident report and his loss of the first accident report of a preventable bridge strike. The Bridge strike was along the busy I-5 freeway as it travels through the State of Washington. There is belief that the original accident report would provide information into what really happened in the loading of the two pieces of equipment which struck an overpass with such force as to cause the State of Washington to declare an emergency and demolish the bridge. The State of Washington then had to quickly build a new bridge to replace the damaged bridge.

ETON is a Las Vegas-based premier transportation company serving the Western United States with equipment, professional drivers and superior on-time service.

The Washington Companies are a group of individual, privately held companies headquartered throughout the United States and western Canada and conducting business internationally. Our purpose is to reliably provide equipment, technology, service, and special expertise that aid our customers to operate more efficiently and more profitably. Our affiliation gives us the ability to interconnect and combine resources and remain highly competitive. The individual success of each Company also empowers a strong sense of social responsibility, realized through corporate charitable activities and programs funded by the Dennis and Phyllis Washington Foundation.

Modern Machinery a part of a large consortium of privately held companies collectively known as the Washington Companies, owned by billionaire Dennis R. Washington. Modern Machinery sells and rents high-quality heavy equipment and provides product support to the construction, mining, and forestry industries. The Modern Machinery terminal in Rochester, WA is home to a large staging area for a variety of Komatsu product brought from overseas awaiting shipment to other Komatsu dealers.

Komatsu America Corp. is a U.S. subsidiary of Komatsu Ltd., (OTCMKTS: KMTUY) the world’s second-largest manufacturer and supplier of earth-moving equipment, consisting of construction, mining and compact construction equipment.

Mitchell Truman
+1 (702) 348 6370
Environmental Transportation of Nevada, LLC

Topic: Legal Action