CLAYBROOK et al v. 3M COMPANY et al
Consolidated
Lead case: 3:19-md-02885
Lead case: 3:19-md-02885
| Florida Northern District Court | |
| Judge: | M Casey Rodgers |
| Referred: | Gary R Jones |
| Case #: | 3:19-cv-03183 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Aug 20, 2019 |
| Case in other court: | Minnesota, 0:19-cv-02144 |
| Last checked: Sunday Feb 16, 2020 3:52 AM EST |
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Defendant
3M COMPANY
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Represented By
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Defendant
AEARO TECHNOLOGIES LLC
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Represented By
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Plaintiff
DANIEL CLAYBROOK
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Represented By
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| TERMINATED PARTIES | |
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Plaintiff
BRYAN SCHULTZ
Terminated: 01/13/2020
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Represented By
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Plaintiff
ROBERT MOYA
Terminated: 01/13/2020
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Represented By
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Plaintiff
LANORMA MURDOCK
Terminated: 01/13/2020
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Represented By
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Plaintiff
JOHNNIE MURRIEL
Terminated: 01/13/2020
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Represented By
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Plaintiff
ADAM NAUJOKAS
Terminated: 01/13/2020
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Plaintiff
TYRONE NEARS
Terminated: 01/13/2020
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Plaintiff
BRIAN OLIVER
Terminated: 01/13/2020
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Plaintiff
MOSES PILLA
Terminated: 01/13/2020
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Plaintiff
CHARLES RATLIFF
Terminated: 01/13/2020
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Plaintiff
CYRILL RITCHIE
Terminated: 01/13/2020
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Plaintiff
ERICK VEGA ROSARIO
Terminated: 01/13/2020
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Plaintiff
ADEM SAID
Terminated: 01/13/2020
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Plaintiff
ARCHIE SANDERS
Terminated: 01/13/2020
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Plaintiff
RANDAL MORRIS
Terminated: 01/13/2020
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Plaintiff
ANTHONY SHASTAY
Terminated: 01/13/2020
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Plaintiff
BRADLEY SPRATT
Terminated: 01/13/2020
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Plaintiff
PHIL STUKENHOLTZ
Terminated: 01/13/2020
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Plaintiff
BRODIE TOZIER
Terminated: 01/13/2020
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Plaintiff
LUCAS TUCKER
Terminated: 01/13/2020
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Plaintiff
AMAR VALENTINE
Terminated: 01/13/2020
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Plaintiff
EDWIN VELEZ-VIGO
Terminated: 01/13/2020
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Plaintiff
LORENZO WALTERS
Terminated: 01/13/2020
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Plaintiff
ARLON WILDER
Terminated: 01/13/2020
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Plaintiff
JIM WILSON
Terminated: 01/13/2020
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Plaintiff
MARK WINKELMAN
Terminated: 01/13/2020
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Plaintiff
BRANDON MOSS
Terminated: 01/13/2020
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Plaintiff
ARTHUR AMOS
Terminated: 01/13/2020
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Plaintiff
ERIC BAKER
Terminated: 01/13/2020
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Plaintiff
PHILLIP BAYS
Terminated: 01/13/2020
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Plaintiff
SPENCER BIAH
Terminated: 01/13/2020
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Plaintiff
LEE BRADDOCK
Terminated: 01/13/2020
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Plaintiff
BRYAN BROOKS
Terminated: 01/13/2020
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Plaintiff
BRYCE COFFMAN
Terminated: 01/13/2020
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Plaintiff
JAMES CROW
Terminated: 01/13/2020
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Plaintiff
DALE DAVIS
Terminated: 01/13/2020
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Plaintiff
PAUL GATONS
Terminated: 01/13/2020
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Plaintiff
DOUGLAS GREEN
Terminated: 01/13/2020
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Plaintiff
STEPHEN GUYNES
Terminated: 01/13/2020
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Plaintiff
DUSTIN HARPER
Terminated: 01/13/2020
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Plaintiff
MATTHEW HELGESON
Terminated: 01/13/2020
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Plaintiff
TRAVIS HOLCOMB
Terminated: 01/13/2020
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Plaintiff
CODY JACKSON
Terminated: 01/13/2020
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Plaintiff
GREGORY LOCKETT
Terminated: 01/13/2020
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Plaintiff
SAMUEL MADISON
Terminated: 01/13/2020
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Plaintiff
DONALD MCGEE
Terminated: 01/13/2020
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Plaintiff
HAROLD MCMILLIAN
Terminated: 01/13/2020
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Plaintiff
DANIEL MORIN
Terminated: 01/13/2020
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Represented By
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Plaintiff
CHRIS MOUNTJOY
Terminated: 01/13/2020
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Represented By
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| Docket last updated: 12 hours ago |
| Friday, February 19, 2021 | ||
| 24 | 24
cmp
Amended Complaint
Fri 02/19 9:30 AM
First AMENDED COMPLAINT against 3M COMPANY, AEARO TECHNOLOGIES LLC, filed by DANIEL CLAYBROOK. (WATTS, MIKAL) |
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| Tuesday, February 09, 2021 | ||
| 23 | 23
misc
Docket Annotation
Tue 02/09 10:10 AM
DOCKET ANNOTATION BY COURT: Notice to attorneys of Record. RE: 1/22/2020 Amended Order. An Amended (Short Form) Complaint has not been filed for the remaining first named plaintiff. (djb) |
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| Wednesday, January 22, 2020 | ||
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17
pgs
order
Order
Thu 01/23 9:33 AM
AMENDED ORDER - For the foregoing reasons, the Court finds that Defendants have satisfied the requirements for removal under § 1442(a)(1) and that it has subject matter jurisdiction over Plaintiffs' claims. Accordingly: (1.) Plaintiffs motions to remand are DENIED. The Clerk is directed to enter a copy of this amended order on the master docket for the MDL, and also on the individual dockets for Minnesota cases in which motions to remand were pending on January 13, 2020. (2.) The Clerk is further directed to sever the Minnesota multi-plaintiff actions as follows: all plaintiffs, except for the first-named plaintiff, are hereby DISMISSED WITHOUT PREJUDICE, with the right to refile an individual short complaint in the approved form for the MDL at ECF NO. 705. The filing fee will be waived for any Minnesota plaintiff who is severed pursuant to this order and who timely files a short form complaint within 30 days of the dismissal without prejudice. The provisions of Pretrial Order No. 16, ECF No. 761, govern the severance process. (3.) All other deadlines applicable to 3M MDL plaintiffs--including census obligations--are now reinstated as to the Minnesota plaintiffs. Signed by JUDGE M CASEY RODGERS on 1/22/2020. (djb) |
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| Tuesday, November 12, 2019 | ||
| 21 | 21
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Tue 11/12 9:42 AM
NOTICE of Plaintiffs Objections to Pretrial Order No. 18 - Order Governing Initial Census Requirements for Filed Cases by ARTHUR AMOS, ERIC BAKER, PHILLIP BAYS, SPENCER BIAH, LEE BRADDOCK, BRYAN BROOKS, DANIEL CLAYBROOK, BRYCE COFFMAN, JAMES CROW, DALE DAVIS, PAUL GATONS, DOUGLAS GREEN, STEPHEN GUYNES, DUSTIN HARPER, MATTHEW HELGESON, TRAVIS HOLCOMB, CODY JACKSON, GREGORY LOCKETT, SAMUEL MADISON, DONALD MCGEE, HAROLD MCMILLIAN, DANIEL MORIN, RANDAL MORRIS, BRANDON MOSS, CHRIS MOUNTJOY, ROBERT MOYA, LANORMA MURDOCK, JOHNNIE MURRIEL, ADAM NAUJOKAS, TYRONE NEARS, BRIAN OLIVER, MOSES PILLA, CHARLES RATLIFF, CYRILL RITCHIE, ERICK VEGA ROSARIO, ADEM SAID, ARCHIE SANDERS, BRYAN SCHULTZ, ANTHONY SHASTAY, BRADLEY SPRATT, PHIL STUKENHOLTZ, BRODIE TOZIER, LUCAS TUCKER, AMAR VALENTINE, EDWIN VELEZ-VIGO, LORENZO WALTERS, ARLON WILDER, JIM WILSON, MARK WINKELMAN (WATTS, MIKAL) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 11/12 1:13 PM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:21 Notice of Plaintiffs Objections to Pretrial Order No. 18 - Order Governing Initial Census Requirements for Filed Cases (djb) |
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| Monday, October 28, 2019 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 10/28 8:54 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:20 Plaintiffs' Objections to19 Pretrial Order No. 16 - Multi-Plaintiff Actions (djb) |
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| Friday, October 25, 2019 | ||
| 20 | 20
respoth
Response/Reply
Fri 10/25 4:53 PM
RESPONSE by ARTHUR AMOS, ERIC BAKER, PHILLIP BAYS, SPENCER BIAH, LEE BRADDOCK, BRYAN BROOKS, DANIEL CLAYBROOK, BRYCE COFFMAN, JAMES CROW, DALE DAVIS, PAUL GATONS, DOUGLAS GREEN, STEPHEN GUYNES, DUSTIN HARPER, MATTHEW HELGESON, TRAVIS HOLCOMB, CODY JACKSON, GREGORY LOCKETT, SAMUEL MADISON, DONALD MCGEE, HAROLD MCMILLIAN, DANIEL MORIN, RANDAL MORRIS, BRANDON MOSS, CHRIS MOUNTJOY, ROBERT MOYA, LANORMA MURDOCK, JOHNNIE MURRIEL, ADAM NAUJOKAS, TYRONE NEARS, BRIAN OLIVER, MOSES PILLA, CHARLES RATLIFF, CYRILL RITCHIE, ERICK VEGA ROSARIO, ADEM SAID, ARCHIE SANDERS, BRYAN SCHULTZ, ANTHONY SHASTAY, BRADLEY SPRATT, PHIL STUKENHOLTZ, BRODIE TOZIER, LUCAS TUCKER, AMAR VALENTINE, EDWIN VELEZ-VIGO, LORENZO WALTERS, ARLON WILDER, JIM WILSON, MARK WINKELMAN re19 Order,,,,,, Set Deadlines,,,,, Objections to PTO 16 - Multi-Plaintiff Actions . (WATTS, MIKAL) |
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Att: 1
Exhibit A
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| Tuesday, October 15, 2019 | ||
| 19 | 19
8
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order
Order ~Util - Set Deadlines
Wed 10/16 12:54 PM
PRETRIAL ORDER NO. 16 MULTI-PLAINTIFF ACTIONS. For multi-plaintiff actions in which a remand motion is currently pending, the individual plaintiffs may either: Withdraw the motion to remand within 14 days of the date of this Order, and thereafter be dismissed without prejudice and with the right to file individual complaints in accordance with this Order; or File an objection to this Order, not to exceed two pages, on the docket for their original multi-plaintiff action by October 25, 2019 . Any plaintiffs who object will not be severed until the objection is resolved by the Court. For any multi-plaintiff complaints filed after the date of this Order, each plaintiff will be subject to automatic severance and dismissal without prejudice. The Clerk is directed to file a copy of this Order on the master docket for the MDL, and also on the individual docket for each action refiled by a severed plaintiff pursuant to this Order, whether the action is direct filed in this district or transferred here by the Panel. It is the parties' responsibility to review and abide by all orders entered in this MDL. All orders on the master docket for the MDL may be accessed through the CM/ECF system and key orders are available on the Court's public website at http://www.flnd.uscourts.gov/mdl2885. Signed by JUDGE M CASEY RODGERS on 10/15/2019. (Withdraws due by 10/29/2019 .) (djb) |
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| Monday, September 30, 2019 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 09/30 8:42 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:12 MOTION to Remand ,14 Response in Opposition to Motion,18 Reply to Response to Motion (djb) |
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| Sunday, September 29, 2019 | ||
| 18 | 18
respm
Reply to Response to Motion
Sun 09/29 7:53 PM
REPLY to Response to Motion re12 MOTION to Remand ,13 MOTION to Seal Defendants' Response to Plaintiff's Motion to Remand filed by ARTHUR AMOS, ERIC BAKER, PHILLIP BAYS, SPENCER BIAH, LEE BRADDOCK, BRYAN BROOKS, DANIEL CLAYBROOK, BRYCE COFFMAN, JAMES CROW, DALE DAVIS, PAUL GATONS, DOUGLAS GREEN, STEPHEN GUYNES, DUSTIN HARPER, MATTHEW HELGESON, TRAVIS HOLCOMB, CODY JACKSON, GREGORY LOCKETT, SAMUEL MADISON, DONALD MCGEE, HAROLD MCMILLIAN, DANIEL MORIN, RANDAL MORRIS, BRANDON MOSS, CHRIS MOUNTJOY, ROBERT MOYA, LANORMA MURDOCK, JOHNNIE MURRIEL, ADAM NAUJOKAS, TYRONE NEARS, BRIAN OLIVER, MOSES PILLA, CHARLES RATLIFF, CYRILL RITCHIE, ERICK VEGA ROSARIO, ADEM SAID, ARCHIE SANDERS, BRYAN SCHULTZ, ANTHONY SHASTAY, BRADLEY SPRATT, PHIL STUKENHOLTZ, BRODIE TOZIER, LUCAS TUCKER, AMAR VALENTINE, EDWIN VELEZ-VIGO, LORENZO WALTERS, ARLON WILDER, JIM WILSON, MARK WINKELMAN. (WATTS, MIKAL) |
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| Monday, September 23, 2019 | ||
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5
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order
Order on Motion for Leave to File
Mon 09/23 4:27 PM
ORDER granting 16 Motion for Leave to File a Reply. Reply memoranda are due by September 30, 2019 and must not exceed 5,000 words. Signed by JUDGE M CASEY RODGERS on 9/23/2019. (djb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 09/23 8:19 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:16 MOTION for Leave to File Reply Memorandum in Support, re14 Response in Opposition to Motion,12 MOTION to Remand (djb) |
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| Friday, September 20, 2019 | ||
| 16 | 16
motion
Leave to File Document
Fri 09/20 5:13 PM
MOTION for Leave to File re14 Response in Opposition to Motion,12 MOTION to Remand Reply Memorandum in Support by ARTHUR AMOS, ERIC BAKER, PHILLIP BAYS, SPENCER BIAH, LEE BRADDOCK, BRYAN BROOKS, DANIEL CLAYBROOK, BRYCE COFFMAN, JAMES CROW, DALE DAVIS, PAUL GATONS, DOUGLAS GREEN, STEPHEN GUYNES, DUSTIN HARPER, MATTHEW HELGESON, TRAVIS HOLCOMB, CODY JACKSON, GREGORY LOCKETT, SAMUEL MADISON, DONALD MCGEE, HAROLD MCMILLIAN, DANIEL MORIN, RANDAL MORRIS, BRANDON MOSS, CHRIS MOUNTJOY, ROBERT MOYA, LANORMA MURDOCK, JOHNNIE MURRIEL, ADAM NAUJOKAS, TYRONE NEARS, BRIAN OLIVER, MOSES PILLA, CHARLES RATLIFF, CYRILL RITCHIE, ERICK VEGA ROSARIO, ADEM SAID, ARCHIE SANDERS, BRYAN SCHULTZ, ANTHONY SHASTAY, BRADLEY SPRATT, PHIL STUKENHOLTZ, BRODIE TOZIER, LUCAS TUCKER, AMAR VALENTINE, EDWIN VELEZ-VIGO, LORENZO WALTERS, ARLON WILDER, JIM WILSON, MARK WINKELMAN. (WATTS, MIKAL) |
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| Wednesday, September 18, 2019 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 09/18 7:25 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:12 MOTION to Remand ,14 Response in Opposition to Motion (djb) |
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| Tuesday, September 17, 2019 | ||
| 15 | 15
1
pgs
order
Order on Motion to Seal
Tue 09/17 8:10 AM
ORDER granting 13 Motion to Seal. Signed by JUDGE M CASEY RODGERS on 9/17/2019. (djb) |
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| Monday, September 16, 2019 | ||
| 14 | 14
respm
Response in Opposition to Motion
Mon 09/16 6:20 PM
RESPONSE in Opposition re12 MOTION to Remand [Public Version] filed by 3M COMPANY, AEARO TECHNOLOGIES LLC. (BRANSCOME, KIMBERLY) |
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Att: 1
Declaration of Simon Gottlieb,
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Att: 2
Exhibits 1-10 [Filed Under Seal],
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Att: 3
Exhibit 11
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| 13 | 13
motion
Seal
Mon 09/16 6:18 PM
MOTION to Seal Defendants' Response to Plaintiff's Motion to Remand by 3M COMPANY, AEARO TECHNOLOGIES LLC. (BRANSCOME, KIMBERLY) |
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| Tuesday, September 03, 2019 | ||
| 12 | 12
motion
Remand
Tue 09/03 6:16 PM
MOTION to Remand by ARTHUR AMOS, ERIC BAKER, PHILLIP BAYS, SPENCER BIAH, LEE BRADDOCK, BRYAN BROOKS, DANIEL CLAYBROOK, BRYCE COFFMAN, JAMES CROW, DALE DAVIS, PAUL GATONS, DOUGLAS GREEN, STEPHEN GUYNES, DUSTIN HARPER, MATTHEW HELGESON, TRAVIS HOLCOMB, CODY JACKSON, GREGORY LOCKETT, SAMUEL MADISON, DONALD MCGEE, HAROLD MCMILLIAN, DANIEL MORIN, RANDAL MORRIS, BRANDON MOSS, CHRIS MOUNTJOY, ROBERT MOYA, LANORMA MURDOCK, JOHNNIE MURRIEL, ADAM NAUJOKAS, TYRONE NEARS, BRIAN OLIVER, MOSES PILLA, CHARLES RATLIFF, CYRILL RITCHIE, ERICK VEGA ROSARIO, ADEM SAID, ARCHIE SANDERS, BRYAN SCHULTZ, ANTHONY SHASTAY, BRADLEY SPRATT, PHIL STUKENHOLTZ, BRODIE TOZIER, LUCAS TUCKER, AMAR VALENTINE, EDWIN VELEZ-VIGO, LORENZO WALTERS, ARLON WILDER, JIM WILSON, MARK WINKELMAN. (WATTS, MIKAL) |
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Att: 1
Memorandum in Support
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| 11 | 11
notice
Notice of Appearance
Tue 09/03 6:15 PM
NOTICE of Appearance by MIKAL WATTS on behalf of All Plaintiffs (WATTS, MIKAL) |
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utility
Set Motion and R&R Deadlines/Hearings
Wed 09/04 8:27 AM
Set Deadlines as to12 MOTION to Remand . (Internal deadline for referral to judge if response not filed earlier: 9/17/2019) . (djb) |
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| Tuesday, August 20, 2019 | ||
| 10 | 10
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Tue 08/20 3:20 PM
NOTICE REGARDING ATTORNEY ADMISSION AND ELECTRONIC FILING REQUIREMENT. (djb) |
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| 9 | 9
transfer
Case Transferred In - District Transfer (COURT USE ONLY)
Tue 08/20 3:19 PM
Case transferred in from District of Minnesota; Case Number 0:19-cv-02144. Original file certified copy of transfer order and docket sheet received. |
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| 8 | 8
2
pgs
order
Order
Tue 08/20 10:27 AM
CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-27) transferring case to the Northern District of Florida per the MDL Panel for coordinated or consolidated pretrial proceedings. Case assigned to Judge M. Casey Rodgers. (kt) |
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| Friday, August 16, 2019 | ||
| 7 | 7
RULE 7.1 DISCLOSURE STATEMENT. Aearo LLC is a corporate parent of Defendant Aearo Technologies, LLC. 3M Company is a publicly-held corporation owning 10 percent or more of stock of Defendant Aearo Technologies, LLC. (Rashid, Faris) [Transferred from Minnesota on 8/20/2019.]
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| 6 | 6
NOTICE by Aearo Technologies, LLC re3 Notice of Removal, CONSENT TO REMOVAL (Rashid, Faris) [Transferred from Minnesota on 8/20/2019.]
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| Wednesday, August 07, 2019 | ||
| 5 | 5 TEXT ONLY ENTRY: Notice re: Non-Admitted Attorney We have received documents listing Mikal C. Watts, Francisco Guerra IV, Erin Rogiers, Paul Danziger, Rodrigo R. de Llano as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with [LINK:Local Rule 83.5 (a), (b) and (c)] or temporarily admitted pro hac vice in accordance with [LINK:Local Rule 83.5 (d) or (e)] . For more admissions information and forms, please see the Attorney Forms Section of the courts website at [LINK:href=http://www.mnd.uscourts.gov/FORMS/court_forms.shtml#attorneyforms] [LINK:. (lmb) [Transferred from Minnesota on 8/20/2019.] | |
| 4 | 4 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Donovan W. Frank per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 19-cv-2144 (DWF/LIB). (lmb) [Transferred from Minnesota on 8/20/2019.] | |
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NOTICE OF REMOVAL (filing fee $ 400, receipt number AMNDC-7056244) filed by 3M Company. No summons requested. (Hulse, Benjamin) [Transferred from Minnesota on 8/20/2019.]
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Att: 1
Summons and Complaint,
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Att: 2
Notice of Filing of Notice of Removal,
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Att: 3
Civil Cover Sheet
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| 2 | 2
CERTIFICATE OF SERVICE by 3M Company re1 Rule 7.1 - Disclosure Statement (Hulse, Benjamin) [Transferred from Minnesota on 8/20/2019.]
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| 1 | 1
RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation or wholly-owned subsidiary to report for Defendant 3M Company. (Hulse, Benjamin) [Transferred from Minnesota on 8/20/2019.]
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