ARRIETA v 3M COMPANY
| MIQUEL ARTURO BONILLAS, NIXON MERCADO, MIQUEL ANGEL AGUAYO, RYAN JOSEPH O'HEARN, DEREK HENDERSON, TYLER JAMES GILSON, JACOB WRIGHT, RODOLFO ARRIETA and RICARDO CONTRERAS GONZALEZ |
| DOES 1 THROUGH 100 and 3M COMPANY |
| 3:2019cv04882 |
| December 4, 2019 |
| US District Court for the Northern District of Florida |
| GARY R JONES |
| M CASEY RODGERS |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 21
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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| Filing 20 DOCKET ANNOTATION BY COURT: NOTICE TO FILER - These complaints filed by the terminated plaintiffs should have their own civil cases filed. Re #11 Complaint filed by MIQUEL ANGEL AGUAYO, #14 Complaint filed by RICARDO CONTRERAS GONZALEZ, #16 Complaint filed by NIXON MERCADO, #17 Complaint filed by RYAN JOSEPH O'HEARN, #15 Complaint filed by DEREK HENDERSON, #13 Complaint filed by TYLER JAMES GILSON, #12 Complaint filed by MIQUEL ARTURO BONILLAS, #18 Complaint filed by JACOB WRIGHT (djb) |
| Filing 19 DOCKET ANNOTATION BY COURT: NOTICE TO FILER - Re #9 MOTION to Appear Pro Hac Vice by William B. Shinoff. Please file the motion in the Lead case 3:19md2885, at the time of filing finance will be notified by the clerk to refund the fee for the motion filed in this civil case. (djb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #9 MOTION to Appear Pro Hac Vice by William B. Shinoff.( Filing fee $ 201 receipt number AFLNDC-4750599.) (alb) |
| Filing 18 COMPLAINT against All Defendants, filed by JACOB WRIGHT. (SHINOFF, WILLIAM) |
| Filing 17 COMPLAINT against All Defendants, filed by RYAN JOSEPH O'HEARN. (SHINOFF, WILLIAM) |
| Filing 16 COMPLAINT against All Defendants, filed by NIXON MERCADO. (SHINOFF, WILLIAM) |
| Filing 15 COMPLAINT against All Defendants, filed by DEREK HENDERSON. (SHINOFF, WILLIAM) |
| Filing 14 COMPLAINT against All Defendants, filed by RICARDO CONTRERAS GONZALEZ. (SHINOFF, WILLIAM) |
| Filing 13 COMPLAINT against All Defendants, filed by TYLER JAMES GILSON. (SHINOFF, WILLIAM) |
| Filing 12 COMPLAINT against All Defendants, filed by MIQUEL ARTURO BONILLAS. (SHINOFF, WILLIAM) |
| Filing 11 COMPLAINT against All Defendants, filed by MIQUEL ANGEL AGUAYO. (SHINOFF, WILLIAM) |
| Filing 10 COMPLAINT against All Defendants, filed by RODOLFO ARRIETA. (SHINOFF, WILLIAM) |
| Filing 9 MOTION to Appear Pro Hac Vice by William B. Shinoff.( Filing fee $ 201 receipt number AFLNDC-4750599.) by RODOLFO ARRIETA. (SHINOFF, WILLIAM) |
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Filing 8
PRETRIAL ORDER NO. 17 ORDER GOVERNING ADOPTION OF MASTER COMPLAINT AND SHORT FORM COMPLAINT FOR FILED CASES. Any Plaintiff whose case becomes part of this MDL after the date of this Order, either by a direct filing and assignment to this Court (if permitted by subsequent order of the Court) or by transfer from another district or from another judge in this district, must file a Short Form Complaint within 20 days from the date of transfer or, if originally filed in this district, assignment to this Court. Signed by JUDGE M CASEY RODGERS on 10/16/2019. (djb)
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Filing 7
PRETRIAL ORDER NO. 16 MULTI-PLAINTIFF ACTIONS. For any multi-plaintiff complaints filed after the date of this Order, each plaintiff will be subject to automatic severance and dismissal without prejudice. All subsequent short form complaints filed by plaintiffs who are severed and dismissed pursuant to this provision must be accompanied by appropriate filing fees and will be assigned separate civil action numbers by the Clerk. Signed by JUDGE M CASEY RODGERS on 10/15/2019. TYLER JAMES GILSON, RICARDO CONTRERAS GONZALEZ, DEREK HENDERSON, NIXON MERCADO, RYAN JOSEPH O'HEARN, JACOB WRIGHT, MIQUEL ANGEL AGUAYO and MIQUEL ARTURO BONILLAS terminated. (djb)
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| Filing 6 NOTICE REGARDING ATTORNEY ADMISSION as to counsel of record, James Patrick Frantz. (djb) |
| Filing 5 Case transferred in from District of California Southern; Case Number 3:19-cv-02087. Original file certified copy of transfer order and docket sheet received. |
| Filing 4 Case transferred to District of Northern District of Florida. Files transferred electronically to: *District of Northern District of Florida*.*Winston E. Arnow Federal Building, 100 N. Palafox St.**Pensacola, FL 32502* (Attachments: #1 MDL 2885 CTO-41) (jdt) [Transferred from California Southern on 12/4/2019.] |
| Filing 3 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge Jeffrey T. Miller for all further proceedings. The new case number is 19cv2087-JM-MSB.(no document attached) (mme) [Transferred from California Southern on 12/4/2019.] |
| Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (jxv) [Transferred from California Southern on 12/4/2019.] |
| Filing 1 COMPLAINT with Jury Demand against Does 1 through 100, 3M Company ( Filing fee $ 400 receipt number 0974-13040900.), filed by Derek Henderson, Tyler James Gilson, Ricardo Contreras Gonzalez, Ryan Joseph O'Hearn, Jacob Wright, Does 1 through 100, Rodolfo Arrieta, Nixon Mercado, Miquel Arturo Bonillas. (Attachments: #1 Civil Cover Sheet)The new case number is 3:19-cv-02087-BEN-MSB. Judge Roger T. Benitez and Magistrate Judge Michael S. Berg are assigned to the case. (Frantz, James)(jxv) (sjt). [Transferred from California Southern on 12/4/2019.] |
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