Zayas-Bazan v. 3M Company et al
| Christopher Zayas-Bazan |
| Aearo Holding LLC, Aearo, LLC, 3M Company, Aearo Technologies, LLC and Aearo Intermediate, LLC |
| 3:2019cv00796 |
| May 23, 2019 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Acknowledgment of Receipt re: Case Transferred Out - Case transferred from Connecticut has been opened in Northern District of Florida as case 3:19-cv-01680, filed 06/13/2019. (Oliver, T.) |
| Filing 11 MDL Transfer Order. Case transferred to the Northern District of Florida. Signed by Clerk of the Panel John W. Nichols, MDL Panel on 6/12/2019. (Peterson, M) |
| Case electronically transferred to the Northern District of Florida. (Oliver, T.) |
| Filing 10 SUMMONS Returned Executed by Christopher Zayas-Bazan. 3M Company served on 6/3/2019, answer due 6/24/2019; Aearo Technologies, LLC served on 6/3/2019, answer due 6/24/2019. (Reardon, Robert) |
Filing 9
ORDER: The Court notes that a conditional transfer order was recently filed in IN RE: 3M Combat Arms Earplug Products Liability Litigation (MDL No. 2885) concerning this case. In light of that order, the Court's 6 order requiring the Plaintiff to file a statement regarding diversity jurisdiction is hereby suspended. If the transfer order is made final, the Court will leave it to the MDL Court to determine jurisdiction Signed by Judge Michael P. Shea on 6/5/2019. (Ram, Megha)
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| Filing 8 SUMMONS Returned Executed by Christopher Zayas-Bazan. Aearo Holding LLC served on 6/3/2019, answer due 6/24/2019; Aearo Intermediate, LLC served on 6/3/2019, answer due 6/24/2019; Aearo, LLC served on 6/3/2019, answer due 6/24/2019. (Reardon, Robert) |
| Filing 7 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *3M Company, Aearo Holding LLC, Aearo Intermediate, LLC, Aearo Technologies, LLC, Aearo, LLC* with answer to complaint due within *21* days. Attorney *Robert I. Reardon, Jr.* *The Reardon Law Firm* *160 Hempstead St., PO Drawer 1430* *New London, CT 06320*. (Peterson, M) |
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Filing 6
ORDER: The Plaintiff has alleged diversity jurisdiction. In the Complaint, the Plaintiff states that Aearo Holding LLC is a "wholly owned subsidiary" of 3M Company and that Aearo Technologies LLC, Aearo Intermediate LLC, and Aearo LLC is each a "subsidiary" of Aearo Holding LLC and 3M Company. However, the Court notes that "[f]or purposes of diversity jurisdiction, a limited liability company has the citizenship of each of its members." Strother v. Harte, 171 F. Supp. 2d 203, 205 (S.D.N.Y. 2001). It is not clear whether the Plaintiff intends to reference membership by use of the word "subsidiary." Thus, Plaintiff must provide the Court with the citizenship of each member of the Defendant LLCs. If any member is itself an LLC, Plaintiff must provide the citizenship of each member of that LLC. And so on (until a non-LLC member is identified and sufficient facts are provided to identify the citizenship of that member). The Plaintiff shall file such a statement on the docket by June 5, 2019. Signed by Judge Michael P. Shea on 5/29/2019. (Ram, Megha)
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| Request for Clerk to issue summons as to All Defendants. (Reardon, Robert) |
| Filing 5 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #2 Order on Pretrial Deadlines, #1 Complaint, filed by Christopher Zayas-Bazan, #4 Protective Order, #3 Electronic Filing Order Signed by Clerk on 05/24/2019. (Peterson, M) |
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Filing 4
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 05/23/2019. (Peterson, M)
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Filing 3
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 05/23/2019. (Peterson, M)
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Filing 2
Order on Pretrial Deadlines: Amended Pleadings due by 7/22/2019. Discovery due by 11/22/2019. Dispositive Motions due by 12/27/2019. Signed by Clerk on 05/23/2019. (Peterson, M)
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| Judge Michael P. Shea added. (Oliver, T.) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $400 receipt number ACTDC-5292270.), filed by Christopher Zayas-Bazan. (Attachments: #1 Civil Cover Sheet)(Reardon, Robert) Modified on 5/23/2019 to correct filed against party (Hushin, Z.). |
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