Luke Estes v. 3M Company, et al
| LUKE ESTES |
| 3M COMPANY, 3M OCCUPATIONAL SAFETY LLC, AEARO HOLDING, LLC, AEARO INTERMEDIATE, LLC, AEARO, LLC and AEARO TECHNOLOGIES LLC |
| CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA and MILITARY ORDER OF THE PURPLE HEART |
| 21-13135 |
| September 14, 2021 |
| U.S. Court of Appeals, Eleventh Circuit |
| Personal Injury-Product Liability |
Docket Report
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| Filing 83 Oral argument held this date. Oral Argument presented by Paul D. Clement for Appellants MMM, Aearo Technologies LLC, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC and Aearo, LLC and Mr. Ashley Conrad Keller for Appellee Lloyd Eugene Baker in 21-12517. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 05/01/2023 12:27 PM] |
| Filing 82 Attorney Paul D. Clement for Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC hereby acknowledges receipt of a copy of the printed calendar for 05/01/2023. Paul D. Clement (202) 742-8900 will present argument. [21-13135] (ECF: Paul Clement) [Entered: 03/01/2023 02:00 PM] |
| Filing 81 Attorney Mr. Ashley Conrad Keller for Appellee Luke Estes hereby acknowledges receipt of a copy of the printed calendar for 05/01/2023. Ashley Keller, 312-741-5222 will present argument. [21-13135] (ECF: Ashley Keller) [Entered: 02/28/2023 12:04 PM] |
| Filing 80 Oral argument scheduled. Argument Date: Monday, 05/01/2023 Argument Location: Montgomery, AL. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 02/28/2023 10:57 AM] |
| Filing 79 Calendar issued as to cases to be orally argued the week of 05/01/2023 in Montgomery, Alabama. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 02/28/2023 09:55 AM] |
| Filing 78 Additional copies of APPELLANT'S BRIEF, REPLY BRIEF AND SUPPLEMENTAL APPENDIX received from Paul D. Clement for MMM, Aearo Technologies LLC, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC and Aearo, LLC in 21-13131, 21-13133, 21-13135 and forwarded to the record room. [21-13131, 21-13133, 21-13135] [Entered: 01/19/2023 04:23 PM] |
| Filing 77 Additional copies of Appellees Brief and Supplemental Appendix received from Mr. Ashley Conrad Keller for Lewis Keefer in 21-13131, Mr. Ashley Conrad Keller for Stephen Hacker in 21-13133, Mr. Ashley Conrad Keller for Luke Estes in 21-13135 and forwarded to the record room. [21-13131, 21-13133, 21-13135] [Entered: 01/19/2023 03:49 PM] |
| Filing 76 Additional copies of Appendix received from Paul D. Clement for MMM, Aearo Technologies LLC, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC and Aearo, LLC and forwarded to the record room. [Entered: 01/17/2023 03:54 PM] |
| Filing 75 Assigned to tentative calendar number 16 in Montgomery during the week of May 1, 2023. You must file an additional 3 identical paper copies of the briefs and appendices within 7 days of the date of this notice, unless you previously provided the additional copies. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 01/11/2023 03:11 PM] |
| Filing 74 Corrected Amicus Brief filed by Amicus Curiae Military Order of the Purple Heart in 21-12517, 21-13131, 21-13133, 21-13135. Service date: 11/07/2022. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 11/07/2022 12:59 PM] |
Filing 73
ORDER: Motion for Leave to File Corrected Brief of Amicus Curiae Military Order of the Purple Heart in Support of Plaintiffs-Appellees is GRANTED. The Clerks Office is DIRECTED to revise the docket to reflect Military Order of the Purple Heart as the name for Amicus Curiae. [ # 9711803-2 ], [ # 9711805-2 ], [ # 9711807-2 ], [ # 55 ]. BL (See attached order for complete text) [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 11/07/2022 11:12 AM]
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| Filing 72 Received paper copies of EAppendix filed by Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC in 21-13131, 21-13133, 21-13135. 1 VOLUMES - 6 COPIES [21-13131, 21-13133, 21-13135] [Entered: 10/28/2022 01:41 PM] |
| Filing 71 SUPPLEMENTAL Appendix filed [1 VOLUMES] by Appellants 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. [21-13135] (ECF: Paul Clement) [Entered: 10/27/2022 10:10 AM] |
| Filing 70 Received 4 paper copies of EBrief, filed by Appellant 3M Occupational Safety LLC in 21-13131, 21-13133, 21-13135. [21-13131, 21-13133, 21-13135] [Entered: 10/24/2022 11:25 AM] |
| Filing 69 Reply Brief filed by Appellants 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. [21-13135] (ECF: Paul Clement) [Entered: 10/20/2022 11:40 PM] |
| Filing 68 Received 4 paper copies of corrected EBrief submitted by Military Order of the Purple Heart. [21-12517, 21-13131, 21-13133, 21-13135]--[Edited 11/07/2022 by CB in accordance with the Courts 11/7/22 Order] [Entered: 10/14/2022 09:06 AM] |
| Filing 67 Notice of deficient brief sent to Attorney Patrick Strawbridge for Amicus Curiae Military Order of the Purple Heart. Deficiency: 4 paper copies of the proposed corrected brief have not been received in the clerk's office. [21-12517, 21-13131, 21-13133, 21-13135]--[Edited 11/07/2022 by CB in accordance with the Courts 11/7/22 Order] [Entered: 09/29/2022 01:51 PM] |
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Filing 66
ORDER: On September 15, 2022, the U.S. Bankruptcy Court for the Southern District of Indiana, in Case No. 22-02890, In re: Aearo Technologies LLC, issued an order modifying the automatic stay imposed by 11 U.S.C. 362(a) to allow certain appeals pending in this Court to be fully and finally resolved. In light of this order, the motions to lift any stay of those appealsspecifically, Baker v. 3M Company, et al., no. 21-12517, Keefer v. 3M Company, et al., no. 21-13131, Hacker v. 3M Company, et al., no. 21-13133, Estes v. 3M Company, et al., no. 21-13135, Kelley v. 3M Company, et al., no. 22-11607, Wilkerson v. 3M Company, et al., no. 22-12719, and Adkins v. 3M Company, et al., no. 22-12812is GRANTED. The stay of those appeals is LIFTED. The reply briefs in Baker v. 3M Company, et al., no. 21-12517, Keefer v. 3M Company, et al., no. 21-13131, Hacker v. 3M Company, et al., no. 21-13133, and Estes v. 3M Company, et al., no. 21-13135, are due within 21 days after the date of this order. The initial brief in Kelley v. 3M Company, et al., no. 22-11607, is due within 40 days after the date of this order. The initial brief in Wilkerson v. 3M Company, et al., no. 22-12719, is due within 40 days after the date of this order. The transcript order form in Adkins v. 3M Company, et al., no. 22-12812, is due within 7 days after the date of this order. This order does not lift the stay as it applies to Bonenfant, et al. v. 3M Company, et al., no. 22-11897, Sylvain v. 3M Company, et al., no. 22-12273, or Torres v. 3M Company, et al., no. 22-12403. The debtors counsel should continue to file monthly status reports with respect to these appeals only. [ # 9768083-2 ] [ # 9768086-2 ] [ # 9768087-2 ] [ # 64 ] [ # 9768082-2 ] [ # 9768081-2 ] ALB [21-12517, 21-13131, 21-13133, 21-13135, 22-11607, 22-11897, 22-12273, 22-12403, 22-12812, 22-12719] [Entered: 09/29/2022 01:40 PM]
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| Filing 65 RESPONSE to to lift stay filed by Appellants 3M Occupational Safety LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM [ # 64 ] filed by Attorney Mr. Ashley Conrad Keller for Appellee Luke Estes. [21-13135] (ECF: Ashley Keller) [Entered: 09/23/2022 10:48 PM] |
| Filing 64 MOTION to lift stay filed by 3M Occupational Safety LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. Motion is Opposed. [64] [21-13135] (ECF: Charles Beall) [Entered: 09/23/2022 06:28 PM] |
| Filing 63 APPEARANCE of Counsel Form filed by George W. Hicks, Jr. for Appellants 3M Company, 3M Occupational Safety LLC, Aearo Holdings LLC, Aearo Intermediate LLC, Aearo Technologies LLC, and Aearo LLC [21-13135] (ECF: George Hicks) [Entered: 09/22/2022 08:41 PM] |
| Filing 62 Status report filed as to Attorney Kasdin Miller Mitchell for Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. Status of case is unchanged [21-13135] (ECF: Kasdin Mitchell) [Entered: 09/15/2022 10:15 PM] |
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Filing 61
ORDER: On July 26, 2022, Aearo Technologies, LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo, LLC, and 3M Occupational Safety LLC filed a Chapter 11 bankruptcy petition in Case No. 22-02890, In re: Aearo Technologies LLC, in the U.S. Bankruptcy Court for the Southern District of Indiana. These appeals are hereby STAYED pending further order of the bankruptcy court and this Court. See 11 U.S.C. 362(a). The debtors counsel is DIRECTED to file, by the 15th of each month, monthly status reports with this Court regarding the bankruptcy petition. [ # 9723872-2 ] [ # 9723871-2 ] [ # 9723870-2 ][ # 57 ] [ # 9723873-2 ] [ # 9723874-2 ] [ # 9724661-2 ] ALB [21-12517, 21-13131, 21-13133, 21-13135, 22-11607, 22-11897, 22-12273, 22-12403] [Entered: 08/22/2022 03:12 PM]
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| Filing 60 No action will be taken on the motions for extension of time to file reply briefs. These appeals are stayed pending the Court's ruling on the motions for suggestion of bankruptcy. [ # 9734935-2 ] [ # 9734948-2 ][ # 9734947-2 ] [ # 58 ] [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 08/10/2022 01:48 PM] |
| Filing 58 MOTION for extension of time to file reply brief to 08/31/2022 filed by 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. Motion is Opposed. [58] [21-13135] (ECF: Paul Clement) [Entered: 08/10/2022 12:59 PM] |
| Filing 57 MOTION for suggestion of bankruptcy filed by 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. Opposition to Motion is Unknown. [57] [21-13135] (ECF: Kasdin Mitchell) [Entered: 07/27/2022 12:07 AM] |
| Filing 56 Received paper copies of EAppendix filed by Appellee Luke Estes. 4 VOLUMES - 2 COPIES [Entered: 07/12/2022 03:00 PM] |
| Filing 55 MOTION to correct or amend brief filed by Military Order of the Purple Heart. Opposition to Motion is Unknown. [55] [21-13135]--[Edited 11/07/2022 by CB in accordance with the Courts 11/7/22 Order] (ECF: Patrick Strawbridge) [Entered: 07/11/2022 07:13 PM] |
| Filing 54 APPEARANCE of Counsel Form filed by Patrick Strawbridge for Amicus Curiae Military Order of the Purple Heart [21-13135] (ECF: Patrick Strawbridge) [Entered: 07/11/2022 07:12 PM] |
| Filing 53 Over the phone extension granted by clerk as to Attorney Kasdin Miller Mitchell for Appellants MMM, Aearo Technologies LLC, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC and Aearo, LLC in 21-13131, 21-13133, 21-13135. Reply Brief due on 08/17/2022. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [21-13131, 21-13133, 21-13135] [Entered: 07/08/2022 10:19 AM] |
| Filing 52 Received 4 paper copies of EBrief, filed by Amicus Curiae Military Order of the Purple Heart in 21-12517, 21-13131, 21-13133, 21-13135. [21-12517, 21-13131, 21-13133, 21-13135]--[Edited 11/07/2022 by CB in accordance with the Courts 11/7/22 Order] [Entered: 07/08/2022 10:11 AM] |
| Filing 51 Supplemental Appendix [4 VOLUMES] filed by Appellee Luke Estes. [21-13135] (ECF: Ashley Keller) [Entered: 07/05/2022 11:04 PM] |
| Filing 50 Appellee's Brief filed by Appellee Luke Estes. [21-13135] (ECF: Ashley Keller) [Entered: 07/05/2022 11:00 PM] |
| Filing 49 *** SEE CORRECTED BRIEF FILED 11/7/22***Amicus Brief as of right or by consent of the parties filed by Patrick N. Strawbridge on behalf of Amicus Curiae Military Order of the Purple Heart. [21-13135]--[Edited 11/07/2022 by CB in accordance with the Courts 11/7/22 Order] (ECF: Patrick Strawbridge) [Entered: 07/05/2022 06:59 PM] |
| Filing 48 APPEARANCE of Counsel Form filed by Patrick N. Strawbridge on behalf of Amicus Curiae Military Order of the Purple Heart [21-13135]--[Edited 11/07/2022 by CB in accordance with the Courts 11/7/22 Order] (ECF: Patrick Strawbridge) [Entered: 07/05/2022 06:58 PM] |
| Filing 47 APPEARANCE of Counsel Form filed by Ashley C. Keller for Appellee Luke Estes [21-13135] (ECF: Ashley Keller) [Entered: 07/05/2022 01:57 PM] |
| Filing 46 APPEARANCE of Counsel Form filed by Bryan F. Aylstock for Luke Estes. [21-13135] (ECF: Bryan Aylstock) [Entered: 06/24/2022 11:38 AM] |
| Filing 45 PROBABLE JURISDICTION noted after issuance of a Jurisdictional Question as to Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. [Entered: 04/13/2022 04:47 PM] |
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Filing 43
ORDER: Luke Estess motion to amend the jurisdictional allegations in his amended short form complaint, contained in his response to the initial jurisdictional question in Appeal No. 21 13135, is GRANTED. As amended, the pleadings will demonstrate that Estes was a citizen of California; 3M Company was a Delaware corporation having its principal place of business in Minnesota; 3M Occupational Safety, LLCs sole member was 3M Company; and Aearo Technologies, LLCs sole member was Aearo, LLC, whose sole member was Aearo Intermediate, LLC, whose sole member was Aearo Holding, LLC, whose sole member was 3M Occupational Safety, LLC. See 28 U.S.C. 1332(c)(1); Travaglio v. Am. Express Co., 735 F.3d 1266, 1269 (11th Cir. 2013); Mallory & Evans Contractors & Engrs, LLC v. Tuskegee Univ., 663 F.3d 1304, 1305 (11th Cir. 2011). Therefore, the requirements of diversity will be met. See 28 U.S.C. 1332(a)(1). The parties shall notify the district court of this order by filing copies of the order and the short form complaint, as amended, with that court. Additionally, Appeal No. 21-13135 MAY PROCEED despite the lack of a formal adjudication regarding Count X Fraud and Deceit and Count XI Gross Negligence. We are satisfied that these claims were effectively resolved for purposes of our appellate jurisdiction because Estes omitted the claims from the joint pretrial stipulation and similarly omitted the claims from the jury verdict despite discussing the jury instructions and jury verdict form with the court. See Mid City Mgmt. Corp. v. Loewi Realty Corp., 643 F.2d 386, 388 n.2 (5th Cir. Unit A Apr. 1981) (noting that the Court had appellate jurisdiction when a defendant abandoned its counterclaim at trial in response to questioning from the trial judge); see also Olmsted v. Taco Bell Corp., 141 F.3d 1457, 146163 (11th Cir. 1998). CRW and RJL [21-13131, 21-13133, 21-13135] [Entered: 04/13/2022 04:44 PM]
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Filing 42
ORDER: The motion for an extension of time to and including June 27, 2022, in which to file Appellees brief is GRANTED, with the appendix, if any, due seven (7) days from the filing of the brief. [ # 40 ] ALB [21-13131, 21-13133, 21-13135] [Entered: 03/17/2022 11:04 AM]
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| Filing 41 Received paper copies of EAppendix filed by Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. 14 VOLUMES - 2 COPIES (ALL INSIDE 2 BOX) [Entered: 03/10/2022 01:32 PM] |
| Filing 40 MOTION for extension of time to file appellee's brief to 06/27/2022 filed by Luke Estes. Motion is Opposed. [40] [21-13135] (ECF: David Cooper) [Entered: 03/08/2022 11:54 PM] |
| Filing 39 APPEARANCE of Counsel Form filed by Adam Granich Unikowsky for Chamber of Commerce of the United States of America. [21-13135] (ECF: Adam Unikowsky) [Entered: 03/08/2022 01:38 PM] |
| Filing 38 Amicus Brief as of right or by consent of the parties filed by Adam G. Unikowsky for Chamber of Commerce of the United States of America. [21-13135] (ECF: Adam Unikowsky) [Entered: 03/08/2022 11:59 AM] |
| Filing 37 Received paper copies of EBrief filed by Amicus Curiae Chamber of Commerce of the United States of America. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 03/08/2022 11:09 AM] |
| Filing 36 Appendix filed [14 VOLUMES] by Appellants 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. [21-13135] (ECF: Paul Clement) [Entered: 03/04/2022 09:20 PM] |
| Filing 35 Received paper copies of EBrief filed by Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC in 21-13131, 21-13133, 21-13135. [21-13131, 21-13133, 21-13135] [Entered: 03/02/2022 02:13 PM] |
| Filing 34 Appellant's brief filed by 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. [21-13135] (ECF: Paul Clement) [Entered: 02/25/2022 05:57 PM] |
| Filing 33 Response to Jurisdictional Question filed by Appellee Luke Estes [21-13135] (ECF: David Cooper) [Entered: 02/16/2022 04:42 PM] |
| Filing 32 Response to Jurisdictional Question filed by Appellants 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM [21-13135] (ECF: Paul Clement) [Entered: 02/16/2022 04:38 PM] |
| Filing 31 SUPPLEMENTAL JURISDICTIONAL QUESTION issued as to MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. [Entered: 02/02/2022 04:24 PM] |
| Filing 30 Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 01/12/2022 01:01 PM] |
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Filing 29
ORDER: The motion for extension of time to and including February 25, 2022, to file the Appellants briefs is GRANTED, with the appendices due within seven days of the filing of the briefs. RSR [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 01/10/2022 03:52 PM]
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| Filing 28 MOTION for extension of time to file appellant's brief to 02/25/2022 filed by 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM. Motion is Unopposed. [28] [21-13135] (ECF: Paul Clement) [Entered: 01/07/2022 03:15 PM] |
| Filing 27 Public Communication: The over the phone extension for appellants' brief granted by the clerk on 12/29/21 is hereby rescinded pursuant to 11th Cir. R. 31-2. Appellants must file a written motion for a brief extension to be acted upon by the court. [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 12/29/2021 04:33 PM] |
| Filing 26 ***Entered in Error***Over the phone extension granted by clerk. Appellants' brief is due on 02/25/2022. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [21-12517, 21-13131, 21-13133, 21-13135]--[Edited 12/29/2021 by JC] [Entered: 12/29/2021 03:57 PM] |
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Filing 25
ORDER: Before the Court is the Joint Notice of Docket Entries to be Included in Record on Appeal, filed in response to the Courts November 19, 2021 order. The district court clerk is DIRECTED to include all docket entries identified in the Joint Notice of Docket Entries to be Included in Record on Appeal when certifying to the circuit court clerk that the record on appeal for nos. 21-13131, 21-13133, and 21-13135 is complete pursuant to Fed. R. App. P. 11(c). The circuit court clerk is DIRECTED to provide copies of this order and the Joint Notice of Docket Entries to be Included in Record on Appeal to the district court clerk. The stay of the briefing schedule is LIFTED. The initial brief for no. 21-12517 and the consolidated initial brief for nos. 21-13131, 21-13133, and 21-13135 are due within 30 days after the date of this order, with the appendices due 7 days after the filing of the initial brief. RSR [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 12/27/2021 03:42 PM]
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| Filing 24 Joint Notice of Docket Entries to be Included in Record on Appeal filed by Attorney Paul D. Clement for Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. [21-13135] (ECF: Paul Clement) [Entered: 12/20/2021 04:49 PM] |
| Filing 23 Response to Jurisdictional Question filed by Appellee Luke Estes [21-13135] (ECF: David Cooper) [Entered: 12/08/2021 12:09 PM] |
| Filing 22 Response to Jurisdictional Question filed by Appellants 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC, Aearo, LLC and MMM [21-13135] (ECF: Paul Clement) [Entered: 12/08/2021 09:37 AM] |
| Filing 21 JURISDICTIONAL QUESTION issued as to MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. [Entered: 11/24/2021 02:20 PM] |
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Filing 20
ORDER: Appellants Unopposed Motion to Consolidate Appeal Nos. 21-13131, 21-13133, and 21-13135 is GRANTED. Plaintiff-Appellees Motion for Consolidation of Appeals for Briefing and Argument is GRANTED IN PART. Appeal nos. 21-12517, 21-13131, 21-13133, and 21-13135 are CONSOLIDATED. Briefing in appeal no. 21-12517, however, shall proceed separately from the consolidated briefing in appeal nos. 21-13131, 21-13133, and 21-13135. In light of the volume of district court docket entries in multiple district court case numbers relevant to consolidated appeal nos. 21-13131, 21-13133, and 21-13135, the parties are DIRECTED to confer and file a joint notice with the Court, within 30 days after the date of this order, identifying which district court docket entries in which district court case numbers should be included in the record on appeal for consolidated appeal nos. 21-13131, 21-13133, and 21-13135 The briefing schedule for all appeals is STAYED pending further order of the Court. [ # 9519267-2 ] [ # 9519273-2 ] [ # 9518110-2 ] [ # 9519285-2 ] [ # 9518113-2 ] [ # 17 ] [ # 16 ] RSR [21-12517, 21-13131, 21-13133, 21-13135] [Entered: 11/19/2021 09:11 AM]
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| Filing 19 Reply to response filed by Appellee Luke Estes. [21-13135] (ECF: David Cooper) [Entered: 11/15/2021 08:48 PM] |
| MOTION to consolidate appeals 21-12517, 21-13131, 21-13133, and 21-13135 filed by Luke Estes. Motion is Opposed. [9519289-1] [21-13135] (ECF: David Cooper) [Entered: 10/29/2021 02:51 PM] |
| MOTION to consolidate appeals 21-13131, 21-13133, and 21-13135 filed by MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. Motion is Unopposed. [9518106-1] [21-13135] (ECF: Paul Clement) [Entered: 10/28/2021 01:48 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Michael A. Sacchet for Appellee Luke Estes. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13135] (ECF: Michael Sacchet) [Entered: 10/14/2021 02:27 PM] |
| Court Reporter Acknowledgment filed. Transcript Order: Donna Boland, 10/05/2021, 3M Company, Pre-Trial Proceedings 06/15/2020 , Pre-Trial Proceedings 01/08/2021 , Pre-Trial Proceedings 02/05/2021 , Pre-Trial Proceedings 02/11/2021 , Pre-Trial Proceedings 02/19/2021 , Pre-Trial Proceedings 03/15/2021 - 03/17/2021, Trial 03/29/2021 - 04/30/2021. [Entered: 10/05/2021 02:22 PM] |
| Briefing Notice issued to Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. The appellants' brief is due on or before 11/09/2021. The appendix is due no later than 7 days from the filing of the appellants' brief. [Entered: 10/05/2021 04:36 PM] |
| TRANSCRIPTS FILED 9/30/2021. Transcript Order: Court Reporter: Donna Boland, Filer: 3M Company, Proceeding Type and Date: Pre-Trial Proceedings 06/15/2020 , Pre-Trial Proceedings 01/08/2021 , Pre-Trial Proceedings 02/05/2021 , Pre-Trial Proceedings 02/11/2021 , Pre-Trial Proceedings 02/19/2021 , Pre-Trial Proceedings 03/15/2021 - 03/17/2021, Trial 03/29/2021 - 04/30/2021. [Entered: 10/05/2021 02:26 PM] |
| TRANSCRIPT INFORMATION FORM PROCESSED. Transcript Order: Filer: 3M Company, Court Reporter: Donna Boland, Proceeding Type and Date: Pre-Trial Proceedings 06/15/2020 , Pre-Trial Proceedings 01/08/2021 , Pre-Trial Proceedings 02/05/2021 , Pre-Trial Proceedings 02/11/2021 , Pre-Trial Proceedings 02/19/2021 , Pre-Trial Proceedings 03/15/2021 - 03/17/2021, Trial 03/29/2021 - 04/30/2021. [Entered: 10/05/2021 02:21 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Charles Franklin Beall, Jr. for Appellants MMM, 3M Occupational Safety LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. Transcript(s) ordered. [21-13135] (ECF: Charles Beall) [Entered: 10/04/2021 02:39 PM] |
| APPEARANCE of Counsel Form filed by David M. Cooper for Appellee Luke Estes [21-13135] (ECF: David Cooper) [Entered: 10/01/2021 08:44 AM] |
| APPEARANCE of Counsel Form filed by Cole Carter for 3M Company, 3M Occupational Safety LLC, Aearo Holdings LLC, Aearo Intermediate LLC, Aearo Technologies LLC, and Aearo, LLC [21-13135] (ECF: Cole Carter) [Entered: 09/30/2021 04:05 PM] |
| APPEARANCE of Counsel Form filed by Kasdin M. Mitchell for 3M Company, 3M Occupational Safety LLC, Aearo Holdings LLC, Aearo Intermediate LLC, Aearo Technologies LLC, and Aearo, LLC [21-13135] (ECF: Kasdin Mitchell) [Entered: 09/30/2021 04:01 PM] |
| APPEARANCE of Counsel Form filed by Michael A. Sacchet for Luke Estes. [21-13135] (ECF: Michael Sacchet) [Entered: 09/30/2021 12:26 PM] |
| Civil Appeal Statement filed by Attorney Paul D. Clement for Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. [21-13135] (ECF: Paul Clement) [Entered: 09/30/2021 04:55 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Paul D. Clement for Appellants MMM, 3M Occupational Safety LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, Aearo Technologies LLC and Aearo, LLC. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13135] (ECF: Paul Clement) [Entered: 09/30/2021 05:30 PM] |
| APPEARANCE of Counsel Form filed by Paul D. Clement for 3M Company, 3M Occupational Safety LLC, Aearo Holdings LLC, Aearo Intermediate LLC, Aearo Technologies LLC, and Aearo, LLC [21-13135] (ECF: Paul Clement) [Entered: 09/30/2021 03:57 PM] |
| APPEARANCE of Counsel Form filed by Charles F. Beall, Jr. representing Appellants 3M Company, 3M Occupational Safety, LLC, Aearo Technologies, LLC, Aearo Holding, LLC, Aearo Intermediate, LLC, and Aearo, LLC [21-13135] (ECF: Charles Beall) [Entered: 09/22/2021 10:56 AM] |
| MULTI-CROSS APPEAL DOCKETED. [Entered: 09/16/2021 05:12 PM] |
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