CHIPREZ et al v. 3M COMPANY
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-03191 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Petition for Removal- Product Liability |
| Case Filed: | Aug 20, 2019 |
| Case in other court: | Minnesota, 0:19-cv-02181 |
| Last checked: Sunday Feb 16, 2020 3:57 AM EST |
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Defendant
3M COMPANY
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Represented By
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Defendant
3M OCCUPATIONAL SAFETY LLC
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Represented By
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Defendant
AEARO HOLDING LLC
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Represented By
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Defendant
AEARO INTERMEDIATE LLC
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Represented By
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Defendant
AEARO LLC
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Represented By
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Defendant
AEARO TECHNOLOGIES LLC
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Represented By
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Defendant
DOES 1-50
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Plaintiff
ROGER CHIPREZ
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Represented By
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| TERMINATED PARTIES | |
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Plaintiff
JAMES MCALLISTER
Terminated: 01/13/2020
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Represented By
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Plaintiff
MICHAEL SORY
Terminated: 01/13/2020
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Represented By
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Plaintiff
BENJAMIN YEAKLEY
Terminated: 01/13/2020
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Represented By
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| Docket last updated: 11 hours ago |
| Monday, March 16, 2020 | ||
| 25 | 25
cmp
Amended Complaint
Mon 03/16 3:37 PM
First AMENDED COMPLAINT against All Defendants All Defendants., filed by ROGER CHIPREZ. (SINGLETON, GERALD) |
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| Wednesday, January 22, 2020 | ||
| 24 | 24
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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| Monday, October 28, 2019 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Mon 10/28 9:01 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:23 Plaintiffs' Objections to21 Pretrial Order No. 16 - Multi-Plaintiff Actions (djb) |
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| Friday, October 25, 2019 | ||
| 23 | 23
respoth
Response/Reply
Fri 10/25 9:31 PM
RESPONSE by ROGER CHIPREZ, JAMES MCALLISTER, MICHAEL SORY, BENJAMIN YEAKLEY re21 Order,,,,,, Set Deadlines,,,,, . (SINGLETON, GERALD) |
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Att: 1
Exhibit A
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| Friday, October 18, 2019 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Fri 10/18 7:12 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:22 Reply to Response to Motion,17 Response in Opposition to Motion,15 MOTION to Remand to State Court (djb) |
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| Thursday, October 17, 2019 | ||
| 22 | 22
respm
Reply to Response to Motion
Thu 10/17 6:28 PM
REPLY to Response to Motion re15 MOTION to Remand to State Court filed by ROGER CHIPREZ, JAMES MCALLISTER, MICHAEL SORY, BENJAMIN YEAKLEY. (SINGLETON, GERALD) |
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| Tuesday, October 15, 2019 | ||
| 21 | 21
8
pgs
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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| Thursday, October 10, 2019 | ||
| 20 | 20
3
pgs
order
Order ~Util - Set Deadlines/Hearings
Thu 10/10 10:57 AM
ORDER granting 19 MOTION for Leave to File Reply re 17 Response in Opposition to Motion to Remand. ( Reply due by 10/17/2019 .) Signed by JUDGE M CASEY RODGERS on 10/10/2019. (djb) |
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| Wednesday, October 09, 2019 | ||
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Wed 10/09 8:18 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:19 MOTION for Leave to File re17 Response in Opposition to Motion to Remand (djb) |
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| Tuesday, October 08, 2019 | ||
| 19 | 19
motion
Leave to File Document
Tue 10/08 5:07 PM
MOTION for Leave to File re17 Response in Opposition to Motion, to remand by ROGER CHIPREZ, JAMES MCALLISTER, MICHAEL SORY, BENJAMIN YEAKLEY. (SINGLETON, GERALD) |
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| Tuesday, September 24, 2019 | ||
| 18 | 18
1
pgs
order
Order on Motion to Seal
Tue 09/24 8:30 AM
ORDER granting 16 Motion for Leave to File Under Seal Defendants' Response to Motion to Remand. Signed by JUDGE M CASEY RODGERS on 9/24/2019. (djb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 09/24 7:18 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:16 MOTION to Seal Defendants'17 Response in Opposition to Motion to Remand (djb) |
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utility
Action Required by District Judge - No NEFs in SEALED Cases
Tue 09/24 8:49 AM
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re:17 Response in Opposition to Motion,15 MOTION to Remand to State Court (djb) |
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| Monday, September 23, 2019 | ||
| 17 | 17
respm
Response in Opposition to Motion
Mon 09/23 8:05 PM
RESPONSE in Opposition re15 MOTION to Remand to State Court [Public Version] filed by 3M COMPANY, 3M OCCUPATIONAL SAFETY LLC, AEARO HOLDING LLC, AEARO INTERMEDIATE LLC, AEARO LLC, AEARO TECHNOLOGIES LLC. (BRANSCOME, KIMBERLY) |
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Att: 1
Declaration of Simon Gottlieb,
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Att: 2
Exhibit 1-10 [Filed Under Seal],
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Att: 3
Exhibit 11
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| 16 | 16
motion
Seal
Mon 09/23 8:04 PM
MOTION to Seal Defendants' Response to Plaintiff's Motion to Remand by 3M COMPANY, 3M OCCUPATIONAL SAFETY LLC, AEARO HOLDING LLC, AEARO INTERMEDIATE LLC, AEARO LLC, AEARO TECHNOLOGIES LLC. (BRANSCOME, KIMBERLY) |
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| Monday, September 09, 2019 | ||
| 15 | 15
motion
Remand to State Court
Mon 09/09 7:24 PM
MOTION to Remand to State Court by ROGER CHIPREZ, JAMES MCALLISTER, MICHAEL SORY, BENJAMIN YEAKLEY. (SINGLETON, GERALD) |
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Att: 1
Affidavit,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5
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utility
Set Deadlines/Hearings
Tue 09/10 9:16 AM
Set Deadlines/Hearings re15 Motion to Remand. (Internal deadline for referral to judge if response not filed earlier: 9/23/2019) . (alb) |
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| Thursday, September 05, 2019 | ||
| 14 | 14
notice
Notice of Appearance
Thu 09/05 3:20 PM
NOTICE of Appearance by GERALD B SINGLETON on behalf of All Plaintiffs (SINGLETON, GERALD) |
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| Tuesday, August 20, 2019 | ||
| 13 | 13
transfer
Case Transferred In - District Transfer (COURT USE ONLY)
Tue 08/20 4:10 PM
Case transferred in from District of Minnesota; Case Number 0:19-cv-02181. Original file certified copy of transfer order and docket sheet received. |
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| 12 | 12
2
pgs
order
Order
Tue 08/20 11:25 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) [Transferred from Minnesota on 8/20/2019.] |
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| Friday, August 16, 2019 | ||
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RULE 7.1 DISCLOSURE STATEMENT. 3M Occupational Safety LLC is a corporate parent of Defendant Aearo Holdings, LLC. 3M Company is a publicly-held corporation owning 10 percent or more of stock of Defendant Aearo Holdings, LLC. (Rashid, Faris) [Transferred from Minnesota on 8/20/2019.]
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RULE 7.1 DISCLOSURE STATEMENT. Aearo Holding LLC is a corporate parent of Defendant Aearo Intermediate, LLC. 3M Company is a publicly-held corporation owning 10 percent or more of stock of Defendant Aearo Intermediate, LLC. (Rashid, Faris) [Transferred from Minnesota on 8/20/2019.]
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RULE 7.1 DISCLOSURE STATEMENT. Aearo Intermediate LLC is a corporate parent of Defendant Aearo, LLC. 3M Company is a publicly-held corporation owning 10 percent or more of stock of Defendant Aearo, LLC. (Rashid, Faris) [Transferred from Minnesota on 8/20/2019.]
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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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NOTICE by Aearo Holdings, LLC, Aearo Intermediate, LLC, Aearo Technologies, LLC, Aearo, LLC re1 Notice of Removal, CONSENT TO REMOVAL (Rashid, Faris) [Transferred from Minnesota on 8/20/2019.]
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| Friday, August 09, 2019 | ||
| 6 | 6
NOTICE by 3M Company re1 Notice of Removal, Corrected Notice of Filing of Notice of Removal (Hulse, Benjamin) [Transferred from Minnesota on 8/20/2019.]
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| 5 | 5 TEXT ONLY ENTRY: Notice re: Non-Admitted Attorney We have received documents listing Gerald Singleton, Amanda M. LoCurto 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:. (MKB) [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 Hildy Bowbeer. Please use case number 19-cv-2181 (DWF-HB). (MKB) [Transferred from Minnesota on 8/20/2019.] | |
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CERTIFICATE OF SERVICE by 3M Company re2 Rule 7.1 - Disclosure Statement,1 Notice of Removal, (Hulse, Benjamin) [Transferred from Minnesota on 8/20/2019.]
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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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NOTICE OF REMOVAL from Ramsey County, case number 62-cv 19-5292 (filing fee $ 400, receipt number AMNDC-7069084) filed by 3M Company. No summons requested. (Hulse, Benjamin) Modified text on 8/9/2019 (MMG). [Transferred from Minnesota on 8/20/2019.]
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Att: 1
Summons and Complaint, # DOCUMENT FILED IN ERROR/WILL REFILE (2) Notice of Filing of Notice of Removal,
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Att: 3
Civil Cover Sheet
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