ALMQUIST 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 #: | 3:22-cv-00776 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Jan 20, 2022 |
| Re-opened: | Nov 29, 2021 |
| Case in other court: | Minnesota, 0:21-cv-01319 |
| Last checked: Tuesday Jul 19, 2022 5:03 AM EDT |
|
Defendant
AEARO LLC
|
|
|
Defendant
3M COMPANY
|
|
|
Defendant
AEARO TECHNOLOGIES LLC
|
|
|
Defendant
AEARO INTERMEDIATE LLC
|
|
|
Defendant
AEARO HOLDING LLC
|
|
|
Defendant
3M OCCUPATIONAL SAFETY LLC
|
|
|
Plaintiff
NATHAN ALMQUIST
|
Represented By
|
| TERMINATED PARTIES | |
|
Plaintiff
CHARLES OSBORNE
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JOSHUA KNOWLES
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
WINSTON PAULK
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
STEVEN PERCHAK
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JOSEPH ROBERTSON
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
MICHAEL ROWE
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
ZACHARY RUPP
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JAMES SNOOK
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
NICHOLAS SPIVEY
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JARED STANDLEY
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
DANNY TREJO
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JAMES TYSON
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
EVAN WILLIAMS
Terminated: 06/30/2021
|
Represented By
|
|
Plaintiff
JIMMIE WILLIAMS
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
CHARLES WILSON
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
LAFRETIA YEGGINS
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JOSEPH LYLES
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
PHILLIP ANDERSON
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
CHARLES ANTHONY
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
LEOTIS BELL
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
DECODA BURRIS
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JAMES CHAFFIN
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
EDWARD CLAYSON
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
CHARLES COLEGROVE
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
CLAYTON CRAWFORD
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
DAVE DAVIS
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
TOBY DAVIS
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
CESAR DIAZ
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
CHARLA GEIMAN
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JONATHAN GREGOIRE
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
JUSTIN HUGGINS
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
ISIDRO HYATT
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
DAVID JONES
Terminated: 01/20/2022
|
Represented By
|
|
Plaintiff
COLE NELSON
Terminated: 01/20/2022
|
Represented By
|
| Docket last updated: 05/01/2025 11:59 PM EDT |
| Friday, January 21, 2022 | ||
| 41 | 41
notice
Notice - Other - See Separate Menu for Ntc of Appeal Options
Fri 01/21 2:18 PM
NOTICE of Designated Forum - District of Minnesota by NATHAN ALMQUIST (PAUL, RICHARD) |
|
| 40 | 40
cmp
Amended Complaint
Fri 01/21 2:17 PM
Short Form AMENDED COMPLAINT against All Defendants All Defendants., filed by NATHAN ALMQUIST. (PAUL, RICHARD) |
|
| Thursday, January 20, 2022 | ||
| 39 | 39
8
pgs
order
Order ~Util - Add and Terminate Parties ~Util - Set Deadlines/Hearings
Thu 01/20 2:08 PM
PRETRIAL ORDER NO. 16 MULTI-PLAINTIFF ACTIONS. For multi-plaintiff actions in which no remand motion is currently pending, all plaintiffs, except for the first-named plaintiff, are hereby DISMISSED WITHOUT PREJUDICE, with the right to refile an individual short form complaint in the approved form, currently available on the master docket for the MDL at ECF No. 705. For short form complaints filed within 30 days of the date of the dismissal without prejudice pursuant to this Order, the filing date for the short form complaint will relate back to the filing date of the original multi- plaintiff complaint from which the individual plaintiff was severed. LEOTIS BELL, DECODA BURRIS, JAMES CHAFFIN, EDWARD CLAYSON, CHARLES COLEGROVE, CLAYTON CRAWFORD, DAVE DAVIS, TOBY DAVIS, CESAR DIAZ, CHARLA GEIMAN, JONATHAN GREGOIRE, JUSTIN HUGGINS, ISIDRO HYATT, DAVID JONES, JOSHUA KNOWLES, JOSEPH LYLES, COLE NELSON, CHARLES OSBORNE, WINSTON PAULK, STEVEN PERCHAK, JOSEPH ROBERTSON, MICHAEL ROWE, ZACHARY RUPP, JAMES SNOOK, NICHOLAS SPIVEY, JARED STANDLEY, DANNY TREJO, JAMES TYSON, JIMMIE WILLIAMS, CHARLES WILSON, LAFRETIA YEGGINS, PHILLIP ANDERSON and CHARLES ANTHONY terminated. Signed by JUDGE M CASEY RODGERS on 10/15/2019. (First named Plaintiff, ALMQUIST's Amended (Short Form) Complaint due by 2/22/2022 .) (Severed Plaintiffs file Short Form Complaint by opening individual civil case by 2/22/2022 .) (djb) |
|
| 38 | 38
transfer
Case Transferred In - District Transfer (COURT USE ONLY)
Thu 01/20 10:00 AM
Case transferred in from District of Minnesota; Case Number 0:21-cv-01319. Original file certified copy of transfer order and docket sheet received. |
|
| Wednesday, January 19, 2022 | ||
| 37 | 37
CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-135) 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 1/20/2022.]
|
|
| Wednesday, January 12, 2022 | ||
| 36 | 36
LETTER from Hennepin County District Court acknowledging receipt of re34 Order Vacating Remand. (MMG) Modified text on 1/13/2022 (MMG). [Transferred from Minnesota on 1/20/2022.]
|
|
| Thursday, December 30, 2021 | ||
| 35 | 35
LETTER from Clerk's Office to Hennepin County District Court enclosing34 Order Vacating Order of Remand. c/c: Hennepin County District Court. (MMP) [Transferred from Minnesota on 1/20/2022.]
|
|
| Wednesday, December 29, 2021 | ||
| 34 | 34
ORDER granting31 Motion to Vacate Order Signed by Chief Judge John R. Tunheim on 12/29/2021. (HMA) [Transferred from Minnesota on 1/20/2022.]
|
|
| Tuesday, December 28, 2021 | ||
| 33 | 33 (Text-only) CLERK'S NOTICE OF REASSIGNMENT. Due to the elevation of Magistrate Judge Katherine M. Menendez to District Judge, this case is reassigned to Magistrate Judge Tony N. Leung. NOTE: the new case number is 21-cv-1319 (JRT/TNL) . Please use this case number for all subsequent pleadings. Note: the current hearings and deadlines in these cases may be reset (if necessary) by the new MJ Courtroom Deputy. (lmb) [Transferred from Minnesota on 1/20/2022.] | |
| Tuesday, December 21, 2021 | ||
| 32 | 32
PROPOSED ORDER TO JUDGE re31 Joint MOTION to Vacate Order20 Order on Motion to Remand to State Court filed by 3M Company, Aearo Technologies LLC.(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
| 31 | 31
Joint MOTION to Vacate Order20 Order on Motion to Remand to State Court filed by 3M Company, Aearo Technologies LLC. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
| Monday, November 29, 2021 | ||
| 30 | 30
MANDATE of USCA (electronic copy) as to23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (kt) [Transferred from Minnesota on 1/20/2022.]
|
|
| 29 | 29
USCA JUDGMENT (electronic copy) granting joint motion to remand as to23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (kt) [Transferred from Minnesota on 1/20/2022.]
|
|
| Tuesday, October 12, 2021 | ||
| 28 | 28
LETTER from Hennepin County District Court acknowledging receipt of Order of Remand re20 . (MMG) QC'd paper document on 10/25/2021 (lmb). [Transferred from Minnesota on 1/20/2022.]
|
|
| Friday, October 08, 2021 | ||
| 27 | 27
LETTER from Hennepin County District Court acknowledging receipt of Order of Remand re:20 .(MMG) Document QC'd on 11/11/2021 (MTP). [Transferred from Minnesota on 1/20/2022.]
|
|
| Thursday, October 07, 2021 | ||
| 26 | 26
USCA Case Number 21-3246 for23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (MMG) [Transferred from Minnesota on 1/20/2022.]
|
|
| 25 | 25
DOCUMENT FILED IN ERROR-WILL REFILE. USCA Case Number 21-1319 for23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (MMG) Modified text on 10/7/2021 (MMG). [Transferred from Minnesota on 1/20/2022.]
|
|
| Tuesday, October 05, 2021 | ||
| 24 | 24
TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit23 . (MMP) [Transferred from Minnesota on 1/20/2022.]
|
|
| Monday, October 04, 2021 | ||
| 23 | 23
NOTICE OF APPEAL TO 8TH CIRCUIT as to20 Order on Motion to Remand to State Court by 3M Company, Aearo Technologies LLC. Filing fee $ 505, receipt number AMNDC-9059870. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
| Tuesday, September 21, 2021 | ||
| 22 | 22
LETTER from Clerk's Office to Hennepin County District Court; enclosing Order of Remand. cc: Hennepin County District Court re20 Order on Motion to Remand to State Court. (MMP) [Transferred from Minnesota on 1/20/2022.]
|
|
| 21 | 21
JUDGMENT(MMP) [Transferred from Minnesota on 1/20/2022.]
|
|
|
Att: 1
Civil Notice - appeal
|
||
| Monday, September 20, 2021 | ||
| 20 | 20
VACATED PER34 ORDER FILED 12/29/2021 MEMORANDUM OPINION AND ORDER granting10 Motion to Remand to State Court. (Written Opinion) Signed by Chief Judge John R. Tunheim on 9/20/2021. (HMA) Modified text on 12/30/2021 (MMP). [Transferred from Minnesota on 1/20/2022.]
|
|
| 19 | 19 (Text-Only) NOTICE TO ATTORNEY: Chief Judge Tunheim will hear Plaintiffs' Motion to Remand to State Court on the papers submitted, without a hearing. A written order will be forthcoming. (HMA) [Transferred from Minnesota on 1/20/2022.] | |
| Monday, September 13, 2021 | ||
| 18 | 18
AMENDED NOTICE of Hearing on Motion:10 MOTION to Remand to State Court : Motion Hearing set for 9/27/2021 at 10:00 AM in Video Conference (no courtroom) before Chief Judge John R. Tunheim. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
| Thursday, August 05, 2021 | ||
| 17 | 17
REPLY re10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
|
Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
|
||
| Thursday, July 22, 2021 | ||
| 16 | 16
DECLARATION of Benjamin W. Hulse in Opposition to10 MOTION to Remand to State Court filed by 3M Company, Aearo Technologies LLC.(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
|
Att: 1
Exhibit(s) Exhibits A-K
|
||
| 15 | 15
30+
pgs
MEMORANDUM in Opposition re10 MOTION to Remand to State Court filed by 3M Company, Aearo Technologies LLC.(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
|
Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
|
||
| Thursday, July 01, 2021 | ||
| 14 | 14
PROPOSED ORDER TO JUDGE re10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
| 13 | 13
MEET and CONFER STATEMENT re10 Motion to Remand to State Court,, filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
| 12 | 12
16
pgs
MEMORANDUM in Support re10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
|
Att: 1
LR7.1/LR72.2 Word Count Compliance Certificate
|
||
| 11 | 11
NOTICE OF HEARING ON MOTION10 MOTION to Remand to State Court : Date and time to be determined. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
| 10 | 10
MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.]
|
|
| Wednesday, June 30, 2021 | ||
| 9 | 9
ORDER on7 Stipulation of Dismissal. Signed by Chief Judge John R. Tunheim on 6/30/2021.(HMA) [Transferred from Minnesota on 1/20/2022.]
|
|
| Tuesday, June 15, 2021 | ||
| 8 | 8
PROPOSED ORDER TO JUDGE re7 Stipulation of Dismissal. (Sieben, Alicia) [Transferred from Minnesota on 1/20/2022.]
|
|
| 7 | 7
STIPULATION of Dismissal by Evan Williams. Jointly Signed by 3M and Aearo Technologies. (Sieben, Alicia) [Transferred from Minnesota on 1/20/2022.]
|
|
| Tuesday, June 08, 2021 | ||
| 6 | 6
Defendants 3M Company and Aearo Technologies LLC's ANSWER to Complaint filed by 3M Company, Aearo Technologies LLC. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
| Wednesday, June 02, 2021 | ||
| 5 | 5 (Text-Only): Notice re: Non-Admitted Attorney We have received documents listing Richard M. Paul III, Ashlea G. Schwarz 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:www.mnd.uscourts.gov/forms/all-forms] [LINK:. (lmb) [Transferred from Minnesota on 1/20/2022.] | |
| 4 | 4 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge John R. Tunheim per Civil (MDL Direct Assign) list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 21-cv-1319 (JRT/KMM). (lmb)[Transferred from Minnesota on 1/20/2022.] | |
| Tuesday, June 01, 2021 | ||
| 3 | 3
CERTIFICATE OF SERVICE by 3M Company re1 Notice of Removal,2 Rule 7.1 - Disclosure Statement (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
| 2 | 2
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 1/20/2022.]
|
|
| 1 | 1
NOTICE OF REMOVAL (filing fee $ 402, receipt number AMNDC-8791214) filed by 3M Company. No summons requested. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.]
|
|
|
Att: 1
Summons and Complaint,
|
||
|
Att: 2
Notice of Filing of Notice of Removal,
|
||
|
Att: 3
Civil Cover Sheet
|
||