STATE OF MAINE v. 3M COMPANY, et al.
| STATE OF MAINE |
| EIDP INC, 3M COMPANY, E I DU POINT DE NEMOURS AND COMPANY, CHEMOURS COMPANY, CHEMOURS COMPANY FC LLC, CORTEVA INC, DUPONT DE NEMOURS INC and DOW INC |
| 2:2023cv00210 |
| May 17, 2023 |
| US District Court for the District of Maine |
| JOHN C NIVISON |
| JOHN A WOODCOCK |
| Tort Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on July 26, 2023. A more recent docket listing may be available from PACER.
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| Set Deadlines Per Order No. 44: State's Rebuttal to Surreply due by 7/17/2023. (jad) |
| Filing 45 SUR-REPLY to Motion re #10 MOTION to Remand to State Court filed by 3M COMPANY. (RING, DANIEL) |
Filing 44
ORDER ON MOTION TO STRIKE OR TO FILE SURREPLY AND MOTION FOR EXPEDITED BRIEFING granting in part and denying in part #39 MOTION to Strike Declaration and Portions of Plaintiff's Reply in Support of Motion to Remand Or, In the Alternative MOTION for Leave to File Surreply; granting #42 Motion for Expedited Briefing. By JUDGE JOHN A. WOODCOCK, JR. (CCS)
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| Filing 43 RESPONSE in Opposition re #42 MOTION FOR EXPEDITED BRIEFING AND CONSIDERATION OF 3MS MOTION TO STRIKE DECLARATION AND PORTIONS OF PLAINTIFFS REPLY IN SUPPORT OF MOTION TO REMAND OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE SURREPLY filed by 3M COMPANY. Reply due by 7/19/2023. (RING, DANIEL) |
| Set Deadlines Per Order at ECF No. 44: 3M Company's surreply re: #10 MOTION to Remand due by 7/12/2023. Any rebuttal from the State due within 3 days of the filing of the surreply. (CCS) |
| Filing 42 MOTION FOR EXPEDITED BRIEFING AND CONSIDERATION OF 3MS MOTION TO STRIKE DECLARATION AND PORTIONS OF PLAINTIFFS REPLY IN SUPPORT OF MOTION TO REMAND OR, IN THE ALTERNATIVE, FOR LEAVE TO FILE SURREPLY by STATE OF MAINE Responses due by 7/24/2023. (Attachments: #1 Exhibit 1 - Transcript of June 9, 2023 Hrg)(KRASS, BENJAMIN) |
| Filing 41 RESPONSE to Motion re #39 MOTION to Strike Declaration and Portions of Plaintiff's Reply in Support of Motion to Remand Or, In the Alternative MOTION for Leave to File Surreply filed by STATE OF MAINE. Reply due by 7/17/2023. (Attachments: #1 Exhibit 1 - Transcript of June 9, 2023 Hrg)(KRASS, BENJAMIN) |
| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings Telephone Conference held on 6/9/23 before Judge John A. Woodcock, Jr. Court Reporter/Transcriber: Lori Dunbar, Telephone Number: (207) 749-4072. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.med.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Release of Transcript Restriction set for 9/28/2023. (DUNBAR, LORI) |
| Filing 39 MOTION to Strike Declaration and Portions of Plaintiff's Reply in Support of Motion to Remand Or, In the Alternative, MOTION for Leave to File Surreply by 3M COMPANY Responses due by 7/18/2023. (RING, DANIEL) |
| Filing 38 REPLY to Response to Motion re #10 MOTION to Remand to State Court filed by STATE OF MAINE. (VETTER, VIOLA) |
| Filing 37 REPLY to Response to Motion re #31 MOTION to Stay (Reply in Support of Motion to Stay) filed by 3M COMPANY. (Attachments: #1 Exhibit 10 - JPML Hearing Session Order, #2 Exhibit 11 - Maine PFAS Task Force Report)(RING, DANIEL) |
| Filing 36 SUPPLEMENTAL STATE COURT RECORD by STATE OF MAINE. (VETTER, VIOLA) Modified on 6/21/2023 to add supplemental text and remove the reference to an affidavit. (jad). |
| Reset Deadlines as to #31 MOTION to Stay , #10 MOTION to Remand to State Court per telephone conference of counsel on 6/9/2023: Reply due by 6/22/2023. (jad) |
| Filing 35 RESPONSE in Opposition re #31 MOTION to Stay filed by STATE OF MAINE. Reply due by 6/29/2023. (Attachments: #1 Exhibit 1: Declaration of Victoria Eleftheriou)(VETTER, VIOLA) |
| Filing 34 RESPONSE to Motion re #10 MOTION to Remand to State Court filed by 3M COMPANY. Reply due by 6/29/2023. (Attachments: #1 Exhibit 1 - KK&W Water District Complaint, #2 Exhibit 2 - Kennebec Water District Complaint, #3 Exhibit 3 - Ridgewood Water Order)(RING, DANIEL) |
| Filing 33 Motion(s) joined by CHEMOURS COMPANY, CHEMOURS COMPANY FC LLC, CORTEVA INC, DUPONT DE NEMOURS INC, EIDP INC : #31 MOTION to Stay filed by 3M COMPANY . (TALBERT, JEFFREY) |
| Filing 32 Minute Entry for proceedings held before JUDGE JOHN A. WOODCOCK, JR: Telephone Conference held. (Court Reporter: Lori Dunbar) (jad) |
| Set Deadlines as to #31 MOTION to Stay , #10 MOTION to Remand to State Court in accordance with the schedule established at the 6/9/2023 telephone conference: Responses due by 6/15/2023. Replies due by 6/22/2023. (jad) |
| Filing 31 MOTION to Stay by 3M COMPANY Responses due by 6/29/2023. (Attachments: #1 Exhibit 1 - MDL 2873 1933 3M's Motion to Transfer Tag Along Action, #2 Exhibit 2 - Illinois Motion to Remand, #3 Exhibit 3 - Michigan Motion to Remand, #4 Exhibit 4 - California Motion to Remand, #5 Exhibit 5 - JPML Transfer Order Dkt 1927, #6 Exhibit 6 - JPML Transfer Order Dkt 1020, #7 Exhibit 7 - In re AFFF Order, #8 Exhibit 8 - Ridgewood Water (In re AFFF Order III), #9 Exhibit 9 - In re AFFF Order II)(RING, DANIEL) |
| Filing 30 NOTICE of Appearance by RICHARD DONALD TUCKER on behalf of CHEMOURS COMPANY, CHEMOURS COMPANY FC LLC, CORTEVA INC, DUPONT DE NEMOURS INC, EIDP INC (TUCKER, RICHARD) |
| Filing 29 CORPORATE DISCLOSURE STATEMENT by DUPONT DE NEMOURS INC. (TALBERT, JEFFREY) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by CORTEVA INC. (TALBERT, JEFFREY) |
| Filing 27 NOTICE of Hearing: Telephone Conference set for 6/9/2023 02:00 PM before JUDGE JOHN A. WOODCOCK JR. Counsel have been provided with the call in information. (jad) |
| Filing 26 NOTICE of Docket Entry Modification regarding #25 Notice of Appearance, : Modified on 6/5/2023 by the Clerk's Office to indicate filed in error--Counsel to re-file under counsel's own log-in credentials per request of the Clerk's Office.. (clp) |
| Filing 25 **FILED IN ERROR** NOTICE of Appearance by KAYLA ESTES on behalf of CORTEVA INC, DUPONT DE NEMOURS INC (ESTES, KAYLA) Modified on 6/5/2023 to indicate filed in error--Counsel to re-file under counsel's own log-in credentials per request of the Clerk's Office. |
| Set Deadlines/Hearings : As to Attorney James Wylie Donald: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/19/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jad) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Daniel L Ring must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/19/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jad) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Michael A Scodro must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/19/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jad) |
| Filing 24 CERTIFICATION for Admission Pro Hac Vice of Michael A. Scodro filed by JAY S. GELLER on behalf of 3M COMPANY (Total admission fee $ 100 receipt number AMEDC-2808669.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (GELLER, JAY) |
| Filing 23 CERTIFICATION for Admission Pro Hac Vice of Daniel L. Ring filed by JAY S. GELLER on behalf of 3M COMPANY (Total admission fee $ 100 receipt number AMEDC-2808667.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (Attachments: #1 Exhibit Attachment A - List of Court Admissions)(GELLER, JAY) |
| Filing 22 CERTIFICATION for Admission Pro Hac Vice of James Wylie Donald filed by JEFFREY D. TALBERT on behalf of CHEMOURS COMPANY, CHEMOURS COMPANY FC LLC, CORTEVA INC, DUPONT DE NEMOURS INC, EIDP INC The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (TALBERT, JEFFREY) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by CHEMOURS COMPANY FC LLC. (TALBERT, JEFFREY) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by CHEMOURS COMPANY. (TALBERT, JEFFREY) |
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Filing 19
ORDER - On June 1, 2023, the MDL Panel determined that this matter is not appropriate for inclusion in the MDL litigation (ECF No. 18). Accordingly, the Court wonders whether the States motion for expedited briefing and consideration of the motion to remand is now germane, because the basis of the motion for expedited treatment was the concern that the MDL panel would accept the case and moot the States motion to remand. If the Court is correct, it would seem better to brief and rule on the motion to remand in the fullness of time and with full consideration of a well-briefed motion. To this end, the Court will schedule a telephone conference of counsel to discuss the status of this case, but is vacating its order dated May 31, 2023 (ECF No. 14) requiring 3M to respond to the motion for expedited treatment by June 8, 2023. By JUDGE JOHN A. WOODCOCK, JR. (jwr)
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| Filing 18 NOTICE TO COUNSEL - The Clerk of the Panel has determined the listed action(s) is not appropriate for inclusion in this MDL. See Rule 7.1(b)(i).-- ME/2:23-cv-00210Signed by Clerk of the Panel Tiffaney D. Pete on 6/1/2023.Associated Cases: MDL No. 2873, ME/2:23-cv-00210 (jwr) |
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Filing 17
ORDER granting #16 Motion by Attorney Katherine Tierney to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 16 MOTION by Attorney Katherine Tierney to Withdraw as Attorney by STATE OF MAINE Responses due by 6/21/2023. (TIERNEY, KATHERINE) |
| Reset Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 6/7/2023. (jad) |
| Filing 15 STATE COURT RECORD with Affidavit by 3M COMPANY. (Attachments: #1 Exhibit Docket Record, State of Maine Superior Court, #2 Exhibit Complaint. CV-2023-121, #3 Exhibit Plaintiff Letter to Sup Ct Clerk re Complaint Filing, #4 Exhibit Civil Summary Sheet, #5 Exhibit Plaintiff's Motion for PHV Admission of K. McGee, #6 Exhibit Plaintiff's Motion for PHV Admission of B. Krass, #7 Exhibit Plaintiff's Motion for PHV Admission of V. Vetter, #8 Exhibit Plaintiff's Motion for PHV Admission of J. Wilson, #9 Exhibit Judicial Recommendation for Transfer to B&C Docket, #10 Exhibit Plaintiff's Motion for PHV Admission of M. Pawa, #11 Exhibit Plaintiff's Motion for PHV Admission of S. Daroci, #12 Exhibit Plaintiff letter to Sup Ct Clerk re B&C Docket, #13 Exhibit Order Granting Plaintiff's PHV Motion for K. McGee, #14 Exhibit Order Granting Plaintiff's PHV Motion for B. Krass, #15 Exhibit Order Granting Plaintiff's PHV Motion for V. Vetter, #16 Exhibit Order Granting Plaintiff's PHV Motion for M. Pawa, #17 Exhibit Order Granting Plaintiff's PHV Motion for S. Daroci, #18 Exhibit Notice of Appearance J. Talbert, #19 Exhibit Notice of Appearance R. Tucker, #20 Exhibit 3M's Notice of Filing of Notice of Removal, #21 Exhibit 3M's Notice of Removal)(GELLER, JAY) |
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Filing 14
**VACATED per Order #19**ORDER granting in part #11 Motion Expedited Briefing: The Court grants in part the state of Maines motion for expedited briefing (ECF No. 11). The Court directs 3M Company either to file its response by June 8, 2023 or to file a motion for more time, explaining why it cannot meet the June 8, 2023 deadline. SO ORDERED. By JUDGE JOHN A. WOODCOCK, JR. (jad) Modified on 6/2/2023 to indicate this is vacated (jwr).
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| set Deadlines as to per Order No. 14: 3M Company is to file its response by June 8, 2023 or to file a motion for more time, explaining why it cannot meet the June 8, 2023 deadline. (jad) Modified on 5/30/2023 to reflect correct order no. (jad). |
| Set Deadlines as to #10 MOTION to Remand to State Court Per Order No. 14: Responses due by 6/8/2023. (jad) |
| Filing 13 NOTICE of Appearance by ROBERT L. MARTIN, III on behalf of STATE OF MAINE (MARTIN, ROBERT) |
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Filing 12
ORDER granting #9 Motion to Extend Time to File Response to Complaint. Time for Defendants to file a response to the complaint is extended to 28 days after (1) the Judicial Panel on Multidistrict Litigation issues a decision on the transfer request or (2) this Court issues a decision on Plaintiff's motion to remand, whichever date is later. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN)
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| Filing 11 MOTION For Expedited Briefing and Consideration of Motion to Remand by STATE OF MAINE Responses due by 6/15/2023. (VETTER, VIOLA) |
| Filing 10 MOTION to Remand to State Court by STATE OF MAINE Responses due by 6/15/2023. (Attachments: #1 Exhibit A: Order Vacating Conditional Transfer Order (MDL 2873))(VETTER, VIOLA) |
| Filing 9 MOTION to Extend Time to File Answer (Assented-To) by 3M COMPANY Responses due by 6/15/2023. (GELLER, JAY) |
| Filing 8 CERTIFICATION for Admission Pro Hac Vice of Matthew Pawa, Benjamin Krass, Steven Daroci filed by SCOTT W. BOAK on behalf of All Plaintiffs (Total admission fee $ 300 receipt number AMEDC-2804052.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BOAK, SCOTT) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Steven J. Daroci must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/7/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jad) |
| Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorneys Jason H Wilson, Viola Vetter, Kyle J McGee must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 6/7/2023. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (jad) |
| Filing 7 CERTIFICATION for Admission Pro Hac Vice of Kyle McGee, Viola Vetter, Jason Wilson filed by SCOTT W. BOAK on behalf of All Plaintiffs (Total admission fee $ 300 receipt number AMEDC-2803603.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BOAK, SCOTT) |
| Filing Fee Received from 3M COMPANY: Amount Paid: $402.00 Receipt Number: 2801594. Method of Payment: credit card. Purpose of Payment: Filing Fee. Date Paid: 05/19/2023 (jad) |
| Set Deadlines as to Defendants EIDP, Inc., The Chemours Company, The Chemours Company FC, LLC, Corteva, Inc., and DuPont de Nemours, Inc.,: Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 5/30/2023. (jad) |
| Filing 6 NOTICE of Appearance by JEFFREY D. TALBERT on behalf of CHEMOURS COMPANY, CHEMOURS COMPANY FC LLC, CORTEVA INC, DUPONT DE NEMOURS INC, EIDP INC (TALBERT, JEFFREY) |
| Filing 5 NOTICE of Docket Entry Modification regarding #2 Civil Cover Sheet, #1 Notice of Removal docket entries modified by the clerk's office to correct date filed to 5/17/2023. (jad) |
| Filing 4 CORPORATE DISCLOSURE STATEMENT by 3M COMPANY. (GELLER, JAY) |
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Filing 3
PROCEDURAL ORDER RE: REMOVAL: State Court Record due by 6/1/2023. By JUDGE JOHN A. WOODCOCK, JR. (jad)
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| Set Answer Deadline for 3M Company : Answer due by 5/23/2023. (jad) |
| Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 5/25/2023. (jad) |
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