3M COMPANY et al v. TOP CLASS ACTIONS LLC
| 3M COMPANY, AEARO TECHNOLOGIES LLC, AEARO LLC, AEARO INTERMEDIATE LLC, 3M OCCUPATIONAL SAFETY LLC and AEARO HOLDING LLC |
| TOP CLASS ACTIONS LLC |
| MDL PLAINTIFFS |
| 3:2020mc00074 |
| December 16, 2020 |
| US District Court for the Northern District of Florida |
| GARY R JONES |
| M CASEY RODGERS |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on March 12, 2021. A more recent docket listing may be available from PACER.
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #1 Motion to Compel, #50 Response to Motion, #51 Reply. Referred to GARY R JONES. (djb) |
| Filing 51 REPLY by 3M COMPANY, 3M OCCUPATIONAL SAFETY LLC, AEARO HOLDING LLC, AEARO INTERMEDIATE LLC, AEARO LLC, AEARO TECHNOLOGIES LLC re #50 Response to Motion to Compel Discovery from Top Class Actions, LLC #1 . (Attachments: #1 Exhibit 1) (BROCK, ROBERT) |
| Filing 50 RESPONSE to Motion re #1 Defendans' Motion to Compel filed by MDL PLAINTIFFS. (AYLSTOCK, BRYAN) |
| Filing 49 NOTICE of Appearance by AMY M WILKINS on behalf of TOP CLASS ACTIONS LLC (Attachments: #1 Exhibit Certificate of Good Standing) (WILKINS, AMY) |
Filing 48
ORDER - TCA's Motion to Transfer, ECF No. #35 , is TERMINATED as moot. The MDL Plaintiffs' Motion to Intervene, ECF No. #37 , is GRANTED. (Internal deadline for referral to judge if response not filed earlier: 1/20/2021). Replies due by 1/27/2021). Signed by MAGISTRATE JUDGE GARY R JONES on 1/6/2021. (atm)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: #1 Miscellaneous Case Opening Regarding: Motion to Compel Compliance with Subpoena Duces Tecum, #35 MOTION to Transfer to MDL or, in the Alternative, MOTION to Stay Proceedings Pending Decision on MDL, #37 MOTION to Intervene. Referred to GARY R JONES. (sdw) |
| Filing 47 NOTICE Regarding Attorney Admission and #1 Notice Regarding Electronic Filing Requirement as Counsel of Record, Amy Marie Wilkins and Laura Christine Brosh representing Defendant, Top Class Actions LLC. (emailed to counsel) (djb) |
| Filing 46 Case transferred in from District of Arizona; Case Number 2:20-mc-00031. Original file certified copy of transfer order and docket sheet received. |
| Filing 45 CERTIFIED MDL TRANSFER ORDER Transferring Case to the Northern District of Florida Re MDL-2885. (MAP) [Transferred from Arizona on 12/16/2020.] |
| Remark: Case Transferred to the Northern District of Florida via electronic transfer. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) [Transferred from Arizona on 12/16/2020.] |
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Filing 44
ORDER (text only): The Court is aware of the Notice of Hearing Session issued by the Panel on Multi-District Litigation regarding the upcoming 12/3/2020 hearing session. (Doc. 952 in MDL No. 2885.) Accordingly, IT IS ORDERED that the motion hearing set for 11/3/2020 is vacated and reset to Thursday, 1/7/2021 at 10:00 AM. IT IS FURTHER ORDERED reaffirming the Court's prior order that the parties shall jointly file a status report within two business days of any ruling by the Panel on Multi-District Litigation that would impact this case. Ordered by Judge Michael T. Liburdi on 10/22/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 43 REPLY to Response to Motion re: #35 MOTION to Stay Motion to Transfer to MDL or, in the Alternative, to Stay Proceedings filed by Top Class Actions LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Remark: Pro hac vice motion(s) granted for Michael Aaron Sacchet on behalf of Intervenor MDL Plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 12/16/2020.] |
| Filing 42 NOTICE TO FILER OF DEFICIENCY re: #41 Reply to Response to Motion filed by Top Class Actions LLC. Document not in compliance with LRCiv 5.5(g) - Documents signed by an attorney shall be filed using that attorney's ECF log-in and password and shall not be filed using a log-in and password belonging to another attorney. Document(s) signed by attorney Laura Martinez but submitted using the log-in and password belonging to attorney Amy Wilkins. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) [Transferred from Arizona on 12/16/2020.] |
| Filing 41 REPLY to Response to Motion re: #35 MOTION to Stay Motion to Transfer to MDL or, in the Alternative, to Stay Proceedings Reply ISO MOT to Transfer filed by Top Class Actions LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 40 REPLY to Response to Motion re: #37 MOTION to Intervene , #35 MOTION to Stay Motion to Transfer to MDL or, in the Alternative, to Stay Proceedings filed by MDL Plaintiffs. (Attachments: #1 Exhibit PTO 38, #2 Exhibit PTO 3, #3 Exhibit Assad Declaration, #4 Exhibit Buxner Declaration, #5 Exhibit Rihn Declaration, #6 Exhibit CMO, #7 Exhibit PTO 28)(Beyea-Schroeder, Karen) [Transferred from Arizona on 12/16/2020.] |
| Remark: Pro hac vice motion(s) granted for Bryan Fredrick Aylstock on behalf of Intervenor MDL Plaintiffs. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 12/16/2020.] |
| Filing 39 RESPONSE in Opposition re: #35 MOTION to Stay Motion to Transfer to MDL or, in the Alternative, to Stay Proceedings, #37 MOTION to Intervene and Motion to Transfer or Stay filed by 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(De Paulo, Tabitha) [Transferred from Arizona on 12/16/2020.] |
| Filing 38 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 9/21/2020. IT IS ORDERED setting a Motion Hearing on the Defendant's Motion to Transfer to MDL Court, (Doc. #35 ), and the MDL Plaintiffs' Motion to Intervene and Motion to Transfer or Stay, (Doc. #37 ), for Tuesday, 11/3/2020 at 10:00 AM, in Courtroom 504. Counsel may appear in person or telephonically. (Court Reporter Barbara Stockford) [See the attached pdf for complete details.] Hearing held 1:33 PM to 1:43 PM. (RMW) [Transferred from Arizona on 12/16/2020.] |
| Filing 37 MOTION to Intervene by MDL Plaintiffs. (Attachments: #1 Exhibit Mtn Transfer, #2 Exhibit Mtn Transfer, #3 Exhibit Mtn Transfer, #4 Exhibit Briefing Schedule, #5 Exhibit Mtn Stay, #6 Text of Proposed Order Proposed Order 1 Intervene, #7 Text of Proposed Order Proposed Order 2 Transfer, #8 Text of Proposed Order Proposed Order 3 Stay)(Beyea-Schroeder, Karen) [Transferred from Arizona on 12/16/2020.] |
| Filing 36 NOTICE of Errata re: #35 MOTION to Stay Motion to Transfer to MDL or, in the Alternative, to Stay Proceedings by Defendant Top Class Actions LLC.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Brosh, Laura) [Transferred from Arizona on 12/16/2020.] |
| Filing 35 *MOTION to Transfer to MDL or, in the Alternative, MOTION to Stay Proceedings Pending Decision on MDL by Top Class Actions LLC. (Attachments: #1 Text of Proposed Order, #2 Text of Proposed Order)(Wilkins, Amy). *Added MOTION on 9/17/2020 (WLP). [Transferred from Arizona on 12/16/2020.] |
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Filing 34
ORDER: The Court is aware of the briefing schedule set by the Panel on Multi-District Litigation regarding the issue of transferring this matter to the MDL. IT IS ORDERED that the motion hearing set for 9/21/2020 at 1:30 PM is hereby vacated and reset as a status conference. Counsel may appear in person or telephonically. The parties will receive call-in instructions via email to participate by phone. IT IS FURTHER ORDERED that the parties shall be prepared to address proposed dates for the continued motion hearing at the status conference. Ordered by Judge Michael T. Liburdi on 9/9/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 33 NOTICE of Errata re: #32 Report - Status by Defendant Top Class Actions LLC.. (Attachments: #1 Exhibit Exhibit A)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 32 STATUS REPORT Joint Status Update by Top Class Actions LLC. (Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 31 RESPONSE re: #23 Supplement Brief on Standing from Top Class Action LLC by Plaintiffs 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. (De Paulo, Tabitha) [Transferred from Arizona on 12/16/2020.] |
| Filing 30 RESPONSE re: #22 Order, 28 Order, Terminate Motions, Set/Reset Motion and R&R Deadlines/Hearings Response to 3Ms Supplemental Brief by Defendant Top Class Actions LLC. (Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 29 SUPPLEMENT Brief In Support of 3M's Motion to Compel Discovery from Top Class Actions, LLC re: #22 Order by Plaintiffs 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. (De Paulo, Tabitha) [Transferred from Arizona on 12/16/2020.] |
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Filing 28
ORDER (text only): IT IS ORDERED that the Motion to Continue (Doc. #24 ) is granted. The hearing set for 8/24/2020 is continued to 9/21/2020 at 1:30 PM. All parties shall jointly file a status report within two business days of any ruling by the Panel on Multi-District Litigation that would impact this case. IT IS FURTHER ORDERED reaffirming the 8/19/2020 Order (Doc. #22 ) concerning supplemental briefing on the issue of standing. The portion of the 8/19/2020 Order (Doc. #22 ) pertaining to reply briefs is vacated. The parties shall file simultaneous responses no later than 8/28/2020. Each response brief shall not exceed 5 pages. There shall be no reply briefs. Ordered by Judge Michael T. Liburdi on 8/21/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 27 RESPONSE to Motion re: #24 MOTION to Continue Motion to Continue Hearing filed by 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. (Attachments: #1 Exhibit 1)(De Paulo, Tabitha) [Transferred from Arizona on 12/16/2020.] |
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Filing 26
ORDER (text only): IT IS ORDERED that, unless an objection to a continuance is received by 3:00 PM Arizona time TODAY, the Court will grant the motion to continue (Doc. #24 ). Ordered by Judge Michael T. Liburdi on 8/21/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 25 NOTICE re: Notice of Filing of Notice of Tag-Along Action by Top Class Actions LLC . (Attachments: #1 Exhibit)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 24 MOTION to Continue Motion to Continue Hearing by Top Class Actions LLC. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 23 SUPPLEMENT Supplemental Brief on Standing re: #22 Order by Defendant Top Class Actions LLC. (Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
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Filing 22
ORDER that 3M and TCA shall file supplemental briefs no later than 10:00 AM (Arizona time) on 8/24/2020, addressing whether TCA has standing to raise the attorney-client or the work-product privileges. There shall be no reply. The briefs shall be no longer than seven (7) pages each. See the attached order for additional information. Signed by Judge Michael T. Liburdi on 8/19/2020. (RMW) [Transferred from Arizona on 12/16/2020.]
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Filing 21
ORDER (text only): IT IS ORDERED granting the Stipulated Motion to Continue Hearing Re Motion to Compel (Doc. #20 ) and resetting oral argument to Monday, 8/24/2020, at 3:00 PM. Ordered by Judge Michael T. Liburdi on 8/17/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 20 *Stipulated MOTION to Continue Hearing RE Motion to Compel by Top Class Actions LLC. (Attachments: #1 Text of Proposed Order)(Brosh, Laura) *Modified text on 8/17/2020 (SLQ). [Transferred from Arizona on 12/16/2020.] |
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Filing 19
ORDER (text only): IT IS ORDERED granting the Stipulated Motion to Continue Hearing re: Motion to Compel (Doc. #18 ) and resetting oral argument to Wednesday, 8/26/2020, at 10:00 AM. Ordered by Judge Michael T. Liburdi on 8/12/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 18 First MOTION to Continue Hearing re Motion to Compel by Top Class Actions LLC. (Attachments: #1 Text of Proposed Order)(Brosh, Laura) [Transferred from Arizona on 12/16/2020.] |
| Filing 17 BRIEF Joint Pre-Hearing Brief by Defendant Top Class Actions LLC. (Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 16 NOTICE re: Joint Notice Regarding In Camera Review by Top Class Actions LLC re: #15 Telephone Conference . (Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 15 MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Telephonic Status Conference held on 8/5/2020. IT IS ORDERED that Counsel confer and file a joint pre-hearing brief by no later than noon on Tuesday, 8/11/2020. IT IS FURTHER ORDERED that any documents designated for in camera review shall be delivered to chambers by 10:00 AM on Monday, 8/10/2020. Should the parties decide not to designate any such documents, a joint notice shall be filed. See the attached pdf for complete details. (Court Reporter Barbara Stockford) Hearing held 9:34 AM to 9:56 AM.(RMW) [Transferred from Arizona on 12/16/2020.] |
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Filing 14
ORDER (text only): IT IS ORDERED setting a Telephonic Status Conference for Wednesday, 8/5/2020 at 09:30 AM, to discuss the upcoming motion hearing. Counsel will receive call-in instructions via email to participate in the hearing. Ordered by Judge Michael T. Liburdi on 7/31/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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Filing 13
ORDER (text only): IT IS ORDERED setting oral argument on 3M's Motion to Compel Discovery from Top Class Actions (Doc. #1 ) for Thursday, 8/13/2020 at 10:00 AM, in Courtroom 504. Counsel may appear in person or telephonically. The parties will receive call-in instructions via email to participate by phone. Parties appearing in person shall follow the Court's guidelines for social distancing. Ordered by Judge Michael T. Liburdi on 7/30/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 12 REPLY to Response to Motion re: #1 MOTION to Compel Discovery from Top Class Actions, LLC filed by 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. (Attachments: #1 Exhibit 15, #2 Exhibit 16, #3 Exhibit 17, #4 Exhibit 18)(De Paulo, Tabitha) [Transferred from Arizona on 12/16/2020.] |
| Filing 11 NOTICE TO FILER OF DEFICIENCY re: #10 Response to Motion filed by Top Class Actions LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) [Transferred from Arizona on 12/16/2020.] |
| Filing 10 RESPONSE to Motion re: #1 MOTION to Compel, #7 MOTION for Extension of Time Stipulation to Extend Deadline to Respond to Motion to Compel filed by Top Class Actions LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Filing 9 Corporate Disclosure Statement by Top Class Actions LLC. (Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
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Filing 8
ORDER granting #7 Stipulation to Extend Deadline to Respond to Motion to Compel. The deadline for Top Class Actions, LLC to respond to the Motion to Compel is extended to 7/9/2020. There will be no further extensions absent a showing of extraordinary circumstances. Signed by Judge Michael T. Liburdi on 7/2/2020. (RMW) [Transferred from Arizona on 12/16/2020.]
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| Filing 7 MOTION for Extension of Time Stipulation to Extend Deadline to Respond to Motion to Compel by Top Class Actions LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Wilkins, Amy) [Transferred from Arizona on 12/16/2020.] |
| Remark: Pro hac vice motion(s) granted for Tabitha J De Paulo on behalf of Plaintiffs 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 12/16/2020.] |
| Filing 6 NOTICE TO FILER OF DEFICIENCY re: #5 Corporate Disclosure Statement filed by 3M Company, 3M Occupational Safety LLC, Aearo LLC, Aearo Technologies LLC, Aearo Intermediate LLC, Aearo Holding LLC, #4 Notice of Appearance/Association of Counsel filed by 3M Company, 3M Occupational Safety LLC, Aearo LLC, Aearo Technologies LLC, Aearo Intermediate LLC, Aearo Holding LLC. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (EJA) [Transferred from Arizona on 12/16/2020.] |
| Filing 5 Corporate Disclosure Statement by 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC identifying Other Affiliate Aearo Technologies LLC, Other Affiliate Aearo LLC, Other Affiliate Aearo Holding LLC, Other Affiliate Aearo Intermediate LLC, Other Affiliate 3M Occupational Safety, LLC for 3M Company. (Rivera, Maria) [Transferred from Arizona on 12/16/2020.] |
| Filing 4 NOTICE of Appearance by Maria Pellegrino Rivera on behalf of 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC. (Rivera, Maria) [Transferred from Arizona on 12/16/2020.] |
| Filing 3 NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to 3M Company, 3M Occupational Safety LLC, Aearo Holding LLC, Aearo Intermediate LLC, Aearo LLC, Aearo Technologies LLC, Top Class Actions LLC. (REK) [Transferred from Arizona on 12/16/2020.] |
| Filing 2 Filing fee paid, receipt number 0970-18400537. This case has been assigned to the Honorable Michael T. Liburdi for a ruling on 3M's Motion to Compel Discovery from Top Class Actions and Memorandum of Points and Authorities. All future pleadings or documents should bear the correct case number: MC-20-00031-PHX-MTL. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) [Transferred from Arizona on 12/16/2020.] |
| Filing 1 Miscellaneous Case Opening Regarding: Motion to Compel Compliance with Subpoena Duces Tecum - FRCVP 37(a) and 45(c)(2)(B). Case Opening Fee Received: $47.00 receipt number 0970-18400537 filed by 3M Occupational Safety LLC, 3M Company, Aearo Technologies LLC, Aearo LLC, Aearo Intermediate LLC, Aearo Holding LLC. (submitted by Maria Rivera) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Text of Proposed Order) (REK) [Transferred from Arizona on 12/16/2020.] |
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