AKIN v 3M COMPANY et al
| ROBERT AKIN, JOSHUA ANDERSON, ROBERT BRIDGES, TOMMY FULLER, JOSEPH GOELLNER, CHARLES GONZALEZ-RODRIGUEZ, BRENT HAZELWOOD, DOMINICK HERNANDEZ, JESUS HERRERA, DAMON HYLTON, JONATHAN IKNER, COREY JACKSON, DALLAS KINCAID, JAMAL MCCAIN, BRANDON MCELWEE, GREGORY NEIGHBARGER, KARLE NIHIPALI, GABRIEL SMITH, MICHAEL SMITH, JEREMY SPENCE, MACALISTER THOMAS, TERRY WILLIAMS, MATTHEW WOLANCZYNK, WAYNE WOODMAN and TRAVIS WOODS |
| 3M COMPANY and AEARO TECHNOLOGIES LLC |
| 3:2022cv00769 |
| January 20, 2022 |
| 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 46 NOTICE of Designated Forum - District of Minnesota by ROBERT AKIN (PAUL, RICHARD) |
| Filing 45 Short Form AMENDED COMPLAINT against All Defendants All Defendants., filed by ROBERT AKIN. (PAUL, RICHARD) |
Filing 44
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. TOMMY FULLER, JOSEPH GOELLNER, CHARLES GONZALEZ-RODRIGUEZ, BRENT HAZELWOOD, DOMINICK HERNANDEZ, JESUS HERRERA, DAMON HYLTON, JONATHAN IKNER, COREY JACKSON, DALLAS KINCAID, JAMAL MCCAIN, BRANDON MCELWEE, GREGORY NEIGHBARGER, KARLE NIHIPALI, GABRIEL SMITH, MICHAEL SMITH, JEREMY SPENCE, MACALISTER THOMAS, TERRY WILLIAMS, MATTHEW WOLANCZYNK, WAYNE WOODMAN, TRAVIS WOODS, JOSHUA ANDERSON and ROBERT BRIDGES terminated. Signed by JUDGE M CASEY RODGERS on 10/15/2019. (First named Plaintiff, AKIN'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)
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| Filing 43 Case transferred in from District of Minnesota; Case Number 0:20-cv-02125. Original file certified copy of transfer order and docket sheet received. |
| Filing 42 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.] |
| Filing 41 LETTER from Hennepin County District Court acknowledging receipt of #39 Order Vacating Order of Remand. (lmb) [Transferred from Minnesota on 1/20/2022.] |
| Filing 40 LETTER from Clerk's Office to Hennepin County District Court enclosing #39 Order Vacating Remand. cc: Hennepin County District Court. (lmb) [Transferred from Minnesota on 1/20/2022.] |
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Filing 39
ORDER granting #36 Motion to Vacate Order Signed by Chief Judge John R. Tunheim on 12/29/2021. (HMA) cc: Hennepin County District Court. Modified text on 12/30/2021 (lmb). [Transferred from Minnesota on 1/20/2022.]
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| Filing 38 (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 20-cv-2125 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.] |
| Filing 37 PROPOSED ORDER TO JUDGE re #36 Joint MOTION to Vacate Order #27 Order on Motion to Remand to State Court filed by 3M Company, Aearo Technologies LLC.(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 36 Joint MOTION to Vacate Order #27 Order on Motion to Remand to State Court filed by 3M Company, Aearo Technologies LLC. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 35 MANDATE of USCA (electronic copy) as to #30 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (lmb) [Transferred from Minnesota on 1/20/2022.] |
| Filing 34 USCA JUDGMENT (electronic copy) as to #30 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. The joint motion to remand the pending related appeals for further proceedings to the district court for proceedings consistent with the decision in Graves v. 3M Com., 2021 WL 4888617, at *7 (8th Cir. Oct. 20, 2021), has been considered and is granted. (lmb) [Transferred from Minnesota on 1/20/2022.] |
| Filing 33 TRANSCRIPT of Motion Hearing Via Video Conference held on 1/11/2021 before Chief Judge John R. Tunheim. (22 pages). Court Reporter: Kristine Mousseau. For a copy of the transcript, please file a Transcript Request under Other Filings/Other Documents.Parties have 7 days to file a Notice of Intent to Request Redaction. In accordance with Judicial Conference policy and #Local Rule 80.1, the transcript may be released and made remotely electronically available to the public in 90 days. For further information on redaction procedures, please review #Local Rule 5.5 and #Case Information >Transcripts, Court Reporters and Digital Audio Recordings. Notice Intent/No Intent to Request Redactions due 2/24/2021. Redaction Request due 3/10/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/18/2021. (KM) [Transferred from Minnesota on 1/20/2022.] |
| Filing 32 USCA Case Number 21-1312 for #30 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (kt) [Transferred from Minnesota on 1/20/2022.] |
| Filing 31 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit #30 . (MMP) [Transferred from Minnesota on 1/20/2022.] |
| Filing 30 NOTICE OF APPEAL TO 8TH CIRCUIT as to #28 Judgment, #27 Order on Motion to Remand to State Court by 3M Company, Aearo Technologies LLC. Filing fee $ 505, receipt number AMNDC-8472525. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 29 LETTER from Clerk's Office to Hennepin County District Court; enclosing Order of Remand. cc: Hennepin County District Court re #27 Order on Motion to Remand to State Court. (KDS) [Transferred from Minnesota on 1/20/2022.] |
| Filing 28 JUDGMENT (Attachments: #1 Civil Notice - appeal)(KDS) [Transferred from Minnesota on 1/20/2022.] |
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Filing 27
VACATED Per Order #39 issued 12/29/2021. MEMORANDUM OPINION AND ORDER granting #14 Motion to Remand to State Court. (Written Opinion) Signed by Chief Judge John R. Tunheim on 1/27/2021. (HMA) Modified text on 12/30/2021 (lmb). [Transferred from Minnesota on 1/20/2022.]
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| Filing 26 DECLARATION of Benjamin W. Hulse in Opposition to #14 MOTION to Remand to State Court filed by 3M Company. (Attachments: #1 Exhibit(s) 1-3)(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 25 BRIEF re #14 MOTION to Remand to State Court (Defendants' Supplemental Opposition) filed by 3M Company, Aearo Technologies LLC.(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 24 LETTER TO DISTRICT JUDGE by Robert Akin, Joshua Anderson, Robert Bridges, Tommy Fuller, Joseph Goellner, Charles Gonzalez-Rodriguez, Brent Hazelwood, Dominick Hernandez, Jesus Herrera, Damon Hylton, Jonathan Ikner, Corey Jackson, Dallas Kincaid, Jamal McCain, Brandon McElwee, Gregory Neighbarger, Karle Nihipali, Garbriel Smith, Michael Smith, Jeremy Spence, Macalister Thomas, Terry Williams, Matthew Wolanczynk, Wayne Woodman, Travis Woods re Expedited Discovery. (Attachments: #1 Exhibit(s) A)(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 23 Minute Entry for proceedings held before Chief Judge John R. Tunheim: Motion Hearing held on 1/11/2021 re #14 MOTION to Remand to State Court filed by Travis Woods, Corey Jackson, Karle Nihipali, Brandon McElwee, Garbriel Smith, Dominick Hernandez, Charles Gonzalez-Rodriguez, Joshua Anderson, Matthew Wolanczynk, Terry Williams, Damon Hylton, Jesus Herrera, Joseph Goellner, Tommy Fuller, Macalister Thomas, Gregory Neighbarger, Wayne Woodman, Jeremy Spence, Robert Bridges, Jonathan Ikner, Robert Akin, Brent Hazelwood, Jamal McCain, Dallas Kincaid, Michael Smith. Motion taken under advisement. Written order forthcoming. (Court Reporter Kristine Mousseau) (HMA) [Transferred from Minnesota on 1/20/2022.] |
| Filing 22 AMENDED NOTICE of Hearing on Motion: #14 MOTION to Remand to State Court : Motion Hearing set for 1/11/2021 at 11:00 AM in Video Conference (no courtroom) before Chief Judge John R. Tunheim. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 21 REPLY re #14 MOTION to Remand to State Court filed by Robert Akin, Joshua Anderson, Robert Bridges, Tommy Fuller, Joseph Goellner, Charles Gonzalez-Rodriguez, Brent Hazelwood, Dominick Hernandez, Jesus Herrera, Damon Hylton, Jonathan Ikner, Corey Jackson, Dallas Kincaid, Jamal McCain, Brandon McElwee, Gregory Neighbarger, Karle Nihipali, Garbriel Smith, Michael Smith, Jeremy Spence, Macalister Thomas, Terry Williams, Matthew Wolanczynk, Wayne Woodman, Travis Woods. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 20 DECLARATION of Benjamin W. Hulse in Opposition to #14 MOTION to Remand to State Court filed by 3M Company. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Exhibit(s) Exhibit 4, #5 Exhibit(s) Exhibit 5, #6 Exhibit(s) Exhibit 6, #7 Exhibit(s) Exhibit 7, #8 Exhibit(s) Exhibit 8, #9 Exhibit(s) Exhibit 9, #10 Exhibit(s) Exhibit 10, #11 Exhibit(s) Exhibit 11, #12 Exhibit(s) Exhibit 12, #13 Exhibit(s) Exhibit 13, #14 Exhibit(s) Exhibit 14, #15 Exhibit(s) Exhibit 15, #16 Exhibit(s) Exhibit 16, #17 Exhibit(s) Exibit 17, #18 Exhibit(s) Exhibit 18, #19 Exhibit(s) Exhibit 19, #20 Exhibit(s) Exhibit 20, #21 Exhibit(s) Exhibit 21, #22 Exhibit(s) Exhibit 22, #23 Exhibit(s) Exhibit 23, #24 Exhibit(s) Exhibit 24, #25 Exhibit(s) Exhibit 25, #26 Exhibit(s) Exhibit 26, #27 Exhibit(s) Exhibit 27, #28 Exhibit(s) Exhibit 28, #29 Exhibit(s) Exhibit 29)(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 19 MEMORANDUM in Opposition re #14 MOTION to Remand to State Court filed by 3M Company, Aearo Technologies LLC. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 18 PROPOSED ORDER TO JUDGE re #14 MOTION to Remand to State Court filed by Robert Akin, Joshua Anderson, Robert Bridges, Tommy Fuller, Joseph Goellner, Charles Gonzalez-Rodriguez, Brent Hazelwood, Dominick Hernandez, Jesus Herrera, Damon Hylton, Jonathan Ikner, Corey Jackson, Dallas Kincaid, Jamal McCain, Brandon McElwee, Gregory Neighbarger, Karle Nihipali, Garbriel Smith, Michael Smith, Jeremy Spence, Macalister Thomas, Terry Williams, Matthew Wolanczynk, Wayne Woodman, Travis Woods.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 17 MEET and CONFER STATEMENT re #14 Motion to Remand to State Court,, filed by Robert Akin, Joshua Anderson, Robert Bridges, Tommy Fuller, Joseph Goellner, Charles Gonzalez-Rodriguez, Brent Hazelwood, Dominick Hernandez, Jesus Herrera, Damon Hylton, Jonathan Ikner, Corey Jackson, Dallas Kincaid, Jamal McCain, Brandon McElwee, Gregory Neighbarger, Karle Nihipali, Garbriel Smith, Michael Smith, Jeremy Spence, Macalister Thomas, Terry Williams, Matthew Wolanczynk, Wayne Woodman, Travis Woods.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 16 MEMORANDUM in Support re #14 MOTION to Remand to State Court filed by Robert Akin, Joshua Anderson, Robert Bridges, Tommy Fuller, Joseph Goellner, Charles Gonzalez-Rodriguez, Brent Hazelwood, Dominick Hernandez, Jesus Herrera, Damon Hylton, Jonathan Ikner, Corey Jackson, Dallas Kincaid, Jamal McCain, Brandon McElwee, Gregory Neighbarger, Karle Nihipali, Garbriel Smith, Michael Smith, Jeremy Spence, Macalister Thomas, Terry Williams, Matthew Wolanczynk, Wayne Woodman, Travis Woods. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 15 NOTICE OF HEARING ON MOTION #14 MOTION to Remand to State Court : Date and time to be determined. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 14 MOTION to Remand to State Court filed by Robert Akin, Joshua Anderson, Robert Bridges, Tommy Fuller, Joseph Goellner, Charles Gonzalez-Rodriguez, Brent Hazelwood, Dominick Hernandez, Jesus Herrera, Damon Hylton, Jonathan Ikner, Corey Jackson, Dallas Kincaid, Jamal McCain, Brandon McElwee, Gregory Neighbarger, Karle Nihipali, Garbriel Smith, Michael Smith, Jeremy Spence, Macalister Thomas, Terry Williams, Matthew Wolanczynk, Wayne Woodman, Travis Woods. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 13 TEXT ONLY ENTRY: CLERK'S NOTICE OF REASSIGNMENT DUE TO CASE ASSIGNMENT ERROR. This case is reassigned to Chief Judge John R. Tunheim and Magistrate Judge Katherine M. Menendez. Judge Michael J. Davis, Magistrate Judge Tony N. Leung no longer assigned to the case. NOTE: the new case number is 20-cv-2125 JRT/KMM. Please use this case number for all subsequent pleadings. (kt) [Transferred from Minnesota on 1/20/2022.] |
| Filing 12 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.] |
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Filing 11
ORDER OF RECUSAL. Magistrate Judge Elizabeth Cowan Wright recused. Case reassigned to Magistrate Judge Tony N. Leung for all further proceedings. NOTE: the new case number is 20-cv-2125 (MJD/TNL). Please use this case number for all subsequent pleadings. Signed by Magistrate Judge Elizabeth Cowan Wright on 10/8/2020. (lmb) [Transferred from Minnesota on 1/20/2022.]
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| Filing 10 RULE 7.1 DISCLOSURE STATEMENT. Parent corporation, publicly held corporation or wholly-owned subsidiary reported for Defendant Aearo Technologies LLC. (Rashid, Faris) [Transferred from Minnesota on 1/20/2022.] |
| Filing 9 NOTICE by Aearo Technologies LLC CONSENT TO REMOVAL (Rashid, Faris) [Transferred from Minnesota on 1/20/2022.] |
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Filing 8
ORDER OF RECUSAL. Magistrate Judge Becky R. Thorson recused. Case reassigned to Magistrate Judge Elizabeth Cowan Wright for all further proceedings. NOTE: the new case number is 20-cv-2125 (MJD/ECW). Please use this case number for all subsequent pleadings. Signed by Magistrate Judge Becky R. Thorson on 10/7/2020. (lmb) [Transferred from Minnesota on 1/20/2022.]
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| Filing 6 (Text-Only): Notice re: Non-Admitted AttorneyWe 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 #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (lmb) [Transferred from Minnesota on 1/20/2022.] |
| Filing 5 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Michael J. Davis per Civil (3rd, 4th - Master) list, referred to Magistrate Judge Becky R. Thorson. Please use case number 20-cv-2125 (MJD/BRT). (lmb) [Transferred from Minnesota on 1/20/2022.] |
| Filing 4 Notice of Filing of Notice of Removal re #1 Notice of Removal, filed by 3M Company. (Hulse, Benjamin) Modified text/links on 10/7/2020 (lmb). [Transferred from Minnesota on 1/20/2022.] |
| Filing 3 CERTIFICATE OF SERVICE by 3M Company re #2 Rule 7.1 - Disclosure Statement, #1 Notice of Removal, (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 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.] |
| Filing 1 NOTICE OF REMOVAL from Hennepin County District Court (filing fee $400, receipt number AMNDC-8120694) filed by 3M Company. No summons requested. (Attachments: #1 Summons and Complaint, DOCUMENT FILED IN ERROR-INCORRECT DOCUMENT ATTACHED-DIRECTED TO REFILE-#2 Notice of Filing of Notice of Removal, #3 Civil Cover Sheet) (Hulse, Benjamin) Modified text on 10/7/2020 (lmb). [Transferred from Minnesota on 1/20/2022.] |
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