ALMQUIST v. 3M COMPANY et al
| NATHAN ALMQUIST, PHILLIP ANDERSON, CHARLES ANTHONY, LEOTIS BELL, DECODA BURRIS, JAMES CHAFFIN, EDWARD CLAYSON, CHARLES COLEGROVE, CLAYTON CRAWFORD, DAVE DAVIS, TOBY DAVIS, CESAR DIAZ, CHARLA GEIMAN, JONATHAN GREGOIRE, JUSTIN HUGGINS, ISIDRO HYATT, DAVID JONES, JOSHUA KNOWLES, JOSEPH LYLES, COLE NELSON, CHARLES OSBORNE, WINSTON PAULK, STEVEN PERCHAK, JOSEPH ROBERTSON, MICHAEL ROWE, ZACHARY RUPP, JAMES SNOOK, NICHOLAS SPIVEY, JARED STANDLEY, DANNY TREJO, JAMES TYSON, EVAN WILLIAMS, JIMMIE WILLIAMS, CHARLES WILSON and LAFRETIA YEGGINS |
| 3M COMPANY, AEARO TECHNOLOGIES LLC, 3M OCCUPATIONAL SAFETY LLC, AEARO HOLDING LLC, AEARO INTERMEDIATE LLC and AEARO LLC |
| 3:2022cv00776 |
| 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 |
| Both |
Docket Report
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| Filing 41 NOTICE of Designated Forum - District of Minnesota by NATHAN ALMQUIST (PAUL, RICHARD) |
| Filing 40 Short Form AMENDED COMPLAINT against All Defendants All Defendants., filed by NATHAN ALMQUIST. (PAUL, RICHARD) |
Filing 39
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. LEOTIS BELL, DECODA BURRIS, JAMES CHAFFIN, EDWARD CLAYSON, CHARLES COLEGROVE, CLAYTON CRAWFORD, DAVE DAVIS, TOBY DAVIS, CESAR DIAZ, CHARLA GEIMAN, JONATHAN GREGOIRE, JUSTIN HUGGINS, ISIDRO HYATT, DAVID JONES, JOSHUA KNOWLES, JOSEPH LYLES, COLE NELSON, CHARLES OSBORNE, WINSTON PAULK, STEVEN PERCHAK, JOSEPH ROBERTSON, MICHAEL ROWE, ZACHARY RUPP, JAMES SNOOK, NICHOLAS SPIVEY, JARED STANDLEY, DANNY TREJO, JAMES TYSON, JIMMIE WILLIAMS, CHARLES WILSON, LAFRETIA YEGGINS, PHILLIP ANDERSON and CHARLES ANTHONY terminated. Signed by JUDGE M CASEY RODGERS on 10/15/2019. (First named Plaintiff, ALMQUIST'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 38 Case transferred in from District of Minnesota; Case Number 0:21-cv-01319. Original file certified copy of transfer order and docket sheet received. |
| Filing 37 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 36 LETTER from Hennepin County District Court acknowledging receipt of re #34 Order Vacating Remand. (MMG) Modified text on 1/13/2022 (MMG). [Transferred from Minnesota on 1/20/2022.] |
| Filing 35 LETTER from Clerk's Office to Hennepin County District Court enclosing #34 Order Vacating Order of Remand. c/c: Hennepin County District Court. (MMP) [Transferred from Minnesota on 1/20/2022.] |
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Filing 34
ORDER granting #31 Motion to Vacate Order Signed by Chief Judge John R. Tunheim on 12/29/2021. (HMA) [Transferred from Minnesota on 1/20/2022.]
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| Filing 33 (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 21-cv-1319 (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 32 PROPOSED ORDER TO JUDGE re #31 Joint MOTION to Vacate Order #20 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 31 Joint MOTION to Vacate Order #20 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 30 MANDATE of USCA (electronic copy) as to #23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (kt) [Transferred from Minnesota on 1/20/2022.] |
| Filing 29 USCA JUDGMENT (electronic copy) granting joint motion to remand as to #23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (kt) [Transferred from Minnesota on 1/20/2022.] |
| Filing 28 LETTER from Hennepin County District Court acknowledging receipt of Order of Remand re #20 . (MMG) QC'd paper document on 10/25/2021 (lmb). [Transferred from Minnesota on 1/20/2022.] |
| Filing 27 LETTER from Hennepin County District Court acknowledging receipt of Order of Remand re: #20 .(MMG) Document QC'd on 11/11/2021 (MTP). [Transferred from Minnesota on 1/20/2022.] |
| Filing 26 USCA Case Number 21-3246 for #23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (MMG) [Transferred from Minnesota on 1/20/2022.] |
| Filing 25 DOCUMENT FILED IN ERROR-WILL REFILE. USCA Case Number 21-1319 for #23 Notice of Appeal to 8th Circuit filed by 3M Company, Aearo Technologies LLC. (MMG) Modified text on 10/7/2021 (MMG). [Transferred from Minnesota on 1/20/2022.] |
| Filing 24 TRANSMITTAL OF APPEAL LETTER TO U. S. COURT OF APPEALS, 8TH CIRCUIT, Re: Notice of Appeal to 8th Circuit #23 . (MMP) [Transferred from Minnesota on 1/20/2022.] |
| Filing 23 NOTICE OF APPEAL TO 8TH CIRCUIT as to #20 Order on Motion to Remand to State Court by 3M Company, Aearo Technologies LLC. Filing fee $ 505, receipt number AMNDC-9059870. (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 22 LETTER from Clerk's Office to Hennepin County District Court; enclosing Order of Remand. cc: Hennepin County District Court re #20 Order on Motion to Remand to State Court. (MMP) [Transferred from Minnesota on 1/20/2022.] |
| Filing 21 JUDGMENT (Attachments: #1 Civil Notice - appeal)(MMP) [Transferred from Minnesota on 1/20/2022.] |
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Filing 20
VACATED PER #34 ORDER FILED 12/29/2021MEMORANDUM OPINION AND ORDER granting #10 Motion to Remand to State Court. (Written Opinion) Signed by Chief Judge John R. Tunheim on 9/20/2021. (HMA) Modified text on 12/30/2021 (MMP). [Transferred from Minnesota on 1/20/2022.]
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| Filing 19 (Text-Only) NOTICE TO ATTORNEY: Chief Judge Tunheim will hear Plaintiffs' Motion to Remand to State Court on the papers submitted, without a hearing. A written order will be forthcoming. (HMA) [Transferred from Minnesota on 1/20/2022.] |
| Filing 18 AMENDED NOTICE of Hearing on Motion: #10 MOTION to Remand to State Court : Motion Hearing set for 9/27/2021 at 10:00 AM in Video Conference (no courtroom) before Chief Judge John R. Tunheim. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 17 REPLY re #10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 16 DECLARATION of Benjamin W. Hulse in Opposition to #10 MOTION to Remand to State Court filed by 3M Company, Aearo Technologies LLC. (Attachments: #1 Exhibit(s) Exhibits A-K)(Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
| Filing 15 MEMORANDUM in Opposition re #10 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 14 PROPOSED ORDER TO JUDGE re #10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 13 MEET and CONFER STATEMENT re #10 Motion to Remand to State Court,, filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins.(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 12 MEMORANDUM in Support re #10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 11 NOTICE OF HEARING ON MOTION #10 MOTION to Remand to State Court : Date and time to be determined. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
| Filing 10 MOTION to Remand to State Court filed by Nathan Almquist, Phillip Anderson, Charles Anthony, Leotis Bell, Decoda Burris, James Chaffin, Edward Clayson, Charles Colegrove, Clayton Crawford, Dave Davis, Toby Davis, Cesar Diaz, Charla Geiman, Jonathan Gregoire, Justin Huggins, Isidro Hyatt, David Jones, Joshua Knowles, Joseph Lyles, Cole Nelson, Charles Osborne, Winston Paulk, Steven Perchak, Joseph Robertson, Michael Rowe, Zachary Rupp, James Snook, Nicholas Spivey, Jared Standley, Danny Trejo, James Tyson, Jimmie Williams, Charles Wilson, Lafretia Yeggins. (Gustafson, Daniel) [Transferred from Minnesota on 1/20/2022.] |
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Filing 9
ORDER on #7 Stipulation of Dismissal. Signed by Chief Judge John R. Tunheim on 6/30/2021.(HMA) [Transferred from Minnesota on 1/20/2022.]
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| Filing 8 PROPOSED ORDER TO JUDGE re #7 Stipulation of Dismissal. (Sieben, Alicia) [Transferred from Minnesota on 1/20/2022.] |
| Filing 7 STIPULATION of Dismissal by Evan Williams. Jointly Signed by 3M and Aearo Technologies. (Sieben, Alicia) [Transferred from Minnesota on 1/20/2022.] |
| Filing 6 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.] |
| Filing 5 (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 4 TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge John R. Tunheim per Civil (MDL Direct Assign) list, referred to Magistrate Judge Katherine M. Menendez. Please use case number 21-cv-1319 (JRT/KMM). (lmb)[Transferred from Minnesota on 1/20/2022.] |
| Filing 3 CERTIFICATE OF SERVICE by 3M Company re #1 Notice of Removal, #2 Rule 7.1 - Disclosure Statement (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 (filing fee $ 402, receipt number AMNDC-8791214) filed by 3M Company. No summons requested. (Attachments: #1 Summons and Complaint, #2 Notice of Filing of Notice of Removal, #3 Civil Cover Sheet) (Hulse, Benjamin) [Transferred from Minnesota on 1/20/2022.] |
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