Nessel et al v. Chemguard, Inc. et al
| Dana Nessel, State of Michigan and Michigan, State of |
| Vulcan Fire Systems, Inc., Buckeye Fire Equipment Company, Dawn Chemical Corporation of Wisconsin, Inc., VST Chemical Corporation, Denko, Inc., BroCo Products, Inc., Summit Environmental Corporation, Inc., Chemguard, Inc., Rockwood Systems, Inc., Fire-Ade, Inc., Royal Chemical Company, Verde Environmental, Inc., Tyco Fire Products LP, Russell Martin Industries, Inc., Kiddie p.l.c., Inc., G.V.C. Chemical Corporation, Raytheon Technologies Corporation, Mine Safety Appliances Company, LLC, Huntington Laboratories, Inc., Cobra Fire Protection, Inc., Ecolab Inc, UTC Fire & Security Americas Corporation Inc., Noble Industrial Supply Corporation, Hazard Control Technologies, Inc., Kiddie-Fenwal, Inc., Perimeter Solutions LP, Hartford Chemical Sales Corporation, National Foam, Inc., Stevens Company, Inc., Fire Services Plus, Inc.., Angus Fire Armour Corporation, Amerex Corporation, Pioneer Products, Inc., Rockwood Systems Corporation, Denko Foam, Inc., Micro-Blaze, Inc., Fire Services Plus, Inc. and Ecolab Inc. |
| 1:2020cv01080 |
| November 9, 2020 |
| US District Court for the Western District of Michigan |
| Ray Kent |
| Paul L Maloney |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| ACKNOWLEDGMENT from District of South Carolina, of receipt of WDMI transfer case, assigning case number 2:21-cv-00373 (ns) |
| Filing 65 CONDITIONAL TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation; certified copy received from District of South Carolina; case transferred to District of South Carolina under MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation (ns) |
| CASE ELECTRONICALLY TRANSFERRED to District of South Carolina per #65 (ns) |
| Filing 64 STATE COURT FILE received from the Ingham County Circuit Court (Attachments: #1 Register of Actions, #2 Notice of Filing Notice of Removal, #3 State Court Complaint, #4 Stipulation and Order for Extension of Time to Answer (with appearances), #5 Summons) (ns) |
| Filing 63 COPY of CONDITIONAL TRANSFER ORDER from the Judicial Panel on Multidistrict Litigation directed to the District of South Carolina regarding case to be transferred to the Multidistrict Litigation Panel under MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation (ns) |
| Copy of Order, #62 sent via U.S. Mail to Ingham County Circuit Court (ns) |
| Filing 62 WRIT OF CERTIORARI; Ingham County Circuit Court to transmit certified copies of entire state court file in the matter of Nessel, et al v. Chemguard, Inc., et al, Case No. 20-458-CE by 2/11/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr) |
| Filing 61 PROOF OF SERVICE by defendant Dawn Chemical Corporation of Wisconsin, Inc. re Stipulation and Order #30 , Corporate Disclosure Statement #21 , Certificate Regarding Motion Concurrence #31 , PROPOSED STIPULATION and ORDER To Extend Time for Dawn Chemical to Answer Complaint and file in the Dawn Chemical case by defendant Dawn Chemical Corporation of Wisconsin, Inc. #28 , STIPULATION EXTENDING TIME FOR DEFENDANT DAWN CHEMICAL CORPORATION OF WISCONSIN, INC.'S ANSWER TO COMPLAINT by defendant Dawn Chemical Corporation of Wisconsin, Inc. #29 , Response in Opposition, #32 (Brutman, Sarah) |
Filing 60
ORDER denying #25 motion to remand; dismissing #35 motion to expedite ; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 59 PROOF OF SERVICE by plaintiffs Michigan, State of, Dana Nessel re Voluntary Dismissal of Party, #58 NOTICE OF VOLUNTARY DISMISSAL re BroCo Products, Inc.; Cobra Fire Protection, Inc.; Fire-Ade, Inc.; Hartford Chemical Sales Corporation; Rockwood Systems, Inc., f/k/a Rockwood Systems Corporation; Russell Martin Industries, Inc.; Stevens Company, Inc.; and Vulcan Fire Systems, Inc. Without Prejudice (Keller, Amy) |
| Filing 58 NOTICE OF VOLUNTARY DISMISSAL re BroCo Products, Inc.; Cobra Fire Protection, Inc.; Fire-Ade, Inc.; Hartford Chemical Sales Corporation; Rockwood Systems, Inc., f/k/a Rockwood Systems Corporation; Russell Martin Industries, Inc.; Stevens Company, Inc.; and Vulcan Fire Systems, Inc. Without Prejudice filed by plaintiffs Michigan, State of, Dana Nessel (Keller, Amy) |
| Filing 57 NOTICE cancelling motion hearing; the 1/6/2021 hearing on plaintiffs' motion to remand #25 is cancelled (Judge Paul L. Maloney, acr) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Shauna Kramer on behalf of defendants Chemguard, Inc., Tyco Fire Products LP (Kramer, Shauna) |
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Filing 56
STIPULATION AND ORDER; extending time for defendant Mine Safety Appliances Company, LLC to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 55 PROPOSED STIPULATION and ORDER Extending Time to Respond to Complaint by defendant Mine Safety Appliances Company, LLC (Denton, Charles) |
| Filing 54 PROOF OF SERVICE by plaintiffs Michigan, State of, Dana Nessel re Reply to Response to Motion, #53 Plaintiffs' Reply to Tyco Fire Products LP and Chemguard, Inc.'s Brief in Opposition to Plaintiffs' Motion to Remand, Joined By Royal Chemical Company, LTD (Keller, Amy) |
| Filing 53 REPLY to response to motion #25 Plaintiffs' Reply to Tyco Fire Products LP and Chemguard, Inc.'s Brief in Opposition to Plaintiffs' Motion to Remand, Joined By Royal Chemical Company, LTD filed by Michigan, State of, Dana Nessel (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Keller, Amy) |
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Filing 52
STIPULATION AND ORDER extending time for defendant Fire Service Plus, Inc. to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 51 CORPORATE DISCLOSURE STATEMENT by Fire Services Plus, Inc. (Williams, Michael) |
| Filing 50 STIPULATION Extending Time to Respond to Complaint by defendant Fire Services Plus, Inc. [Attorney Michael Ray Williams added to party Fire Services Plus, Inc.(pty:dft)] (Williams, Michael) |
| Filing 49 PROOF OF SERVICE by plaintiffs Michigan, State of, Dana Nessel re Reply to Response to Motion, #48 Plaintiffs' Reply to Dawn Chemical Corporation of Wisconsin, Inc.'s Brief in Opposition to Plaintiffs' Motion to Remand (Keller, Amy) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Moheeb H. Murray on behalf of defendant Fire Services Plus, Inc. (Murray, Moheeb) |
| Filing 48 REPLY to response to motion #25 Plaintiffs' Reply to Dawn Chemical Corporation of Wisconsin, Inc.'s Brief in Opposition to Plaintiffs' Motion to Remand filed by Michigan, State of, Dana Nessel (Attachments: #1 Exhibit A) (Keller, Amy) |
| Filing 47 CORPORATE DISCLOSURE STATEMENT by Royal Chemical Company (Lannen, Patrick) |
| Filing 46 RESPONSE TO MOTION to remand #25 by defendant Royal Chemical Company re #32 (Joinder in Opposition to Motion to Remand) [Attorney Patrick C. Lannen added to party Royal Chemical Company(pty:dft)] (Lannen, Patrick) Modified text on 12/18/2020 (ns). |
| Filing 45 RESPONSE TO MOTION to remand #25 filed by Chemguard, Inc., Tyco Fire Products LP (Attachments: #1 Index, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21) (Ellis, Nicholas) |
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Filing 44
STIPULATION AND ORDER extending time for defendant Verde Environmental Inc. to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 43 PROPOSED STIPULATION and ORDER Extending Time for Defendant Verde Environmental, Inc.'s Response to Complaint by defendant Verde Environmental, Inc. (Haffey, Cynthia) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Cynthia J. Haffey on behalf of defendant Verde Environmental, Inc. (Haffey, Cynthia) |
| Filing 42 RESPONSE in opposition to MOTION to expedite Oral Argument and Consideration of Plaintiffs' Motion for Remand #35 filed by Chemguard, Inc., Tyco Fire Products LP (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Ellis, Nicholas) |
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Filing 41
ORDER granting #40 motion for extension of time to answer; deadline for defendant Stevens company to file responsive pleading extended to 1/15/2021; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 40 MOTION for extension of time to , MOTION for extension of time to file answer re #1 by defendant Stevens Company, Inc.; (Attachments: #1 Proposed Order Proposed Order) (Dawson, Jennifer) |
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Filing 39
ORDER denying #23 motion to stay; motion hearing scheduled 1/6/2021 at 9:00 a.m. in Kalamazoo; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, cmc)
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| Filing 38 PROOF OF SERVICE by plaintiffs Michigan, State of, Dana Nessel re Certificate Regarding Motion Concurrence #36 , MOTION to expedite Oral Argument and Consideration of Plaintiffs' Motion for Remand #35 (Keller, Amy) |
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Filing 37
ORDER granting #27 motion for extension of time to serve summons and complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 36 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to expedite Oral Argument and Consideration of Plaintiffs' Motion for Remand #35 filed by Michigan, State of, Dana Nessel (Keller, Amy) |
| Filing 35 MOTION to expedite Oral Argument and Consideration of Plaintiffs' Motion for Remand by plaintiffs Michigan, State of, Dana Nessel; (Keller, Amy) |
| Filing 34 PROOF OF SERVICE by plaintiffs Michigan, State of, Dana Nessel re Response in Opposition #33 (Keller, Amy) |
| Filing 33 RESPONSE in opposition to MOTION to stay #23 filed by Michigan, State of, Dana Nessel (Attachments: #1 Exhibit A) (Keller, Amy) |
| Filing 32 RESPONSE in opposition to MOTION to remand #25 filed by Dawn Chemical Corporation of Wisconsin, Inc. (Attachments: #1 Index of Exhibits, #2 Exhibit A - State Court Complaint, #3 Exhibit B - Federal Court Complaint, #4 Exhibit C - Conditional Transfer Order for Fed Lawsuit, #5 Exhibit D - Notice of Removal, #6 Exhibit E - Conditional Transfer Order for State Lawsuit) (Ludden, Karen) |
| Filing 31 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to stay #23 filed by Dawn Chemical Corporation of Wisconsin, Inc. (Ludden, Karen) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of James K. O'Brien on behalf of defendant Dawn Chemical Corporation of Wisconsin, Inc. (O'Brien, James) |
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Filing 30
STIPULATION AND ORDER extending time for defendant Dawn Chemical Corporation of Wisconsin, Inc. to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 29 CORRECTED STIPULATION extending time for defendant Dawn Chemical Corporation of Wisconsin, Inc.'s answer to complaint by defendant Dawn Chemical Corporation of Wisconsin, Inc. (Brutman, Sarah) Modified text on 11/24/2020per CM/ECF help desk call; this entry replaces #28 (ns). |
| Filing 28 PROPOSED STIPULATION and ORDER To Extend Time for Dawn Chemical to Answer Complaint and file in the Dawn Chemical case by defendant Dawn Chemical Corporation of Wisconsin, Inc. (Brutman, Sarah) |
| Filing 27 MOTION for extension of time to Serve by plaintiffs Michigan, State of, Dana Nessel; (Keller, Amy) |
| Filing 26 PROOF OF SERVICE by plaintiffs Michigan, State of, Dana Nessel re MOTION to remand #25 (Keller, Amy) |
| Filing 25 MOTION to remand by plaintiffs Michigan, State of, Dana Nessel; (Attachments: #1 Plaintiff's Brief in Support of Motion to Remand) (Keller, Amy) |
| Filing 24 CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to stay #23 filed by Chemguard, Inc., Tyco Fire Products LP (Ellis, Nicholas) |
| Filing 23 MOTION to stay by defendants Chemguard, Inc., Tyco Fire Products LP; (Attachments: #1 Exhibit A, #2 Exhibit B) (Ellis, Nicholas) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT by Hazard Control Technologies, Inc. (Pattwell, Michael) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Danielle Allison-Yokom on behalf of plaintiffs Michigan, State of, Dana Nessel (Allison-Yokom, Danielle) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Polly A. Synk on behalf of plaintiffs Michigan, State of, Dana Nessel (Synk, Polly) |
| Filing 21 CORPORATE DISCLOSURE STATEMENT by Dawn Chemical Corporation of Wisconsin, Inc. (Ludden, Karen) |
| Filing 20 CORPORATE DISCLOSURE STATEMENT by Amerex Corporation identifying Corporate Parent McWane, Inc. for Amerex Corporation (Bratt, Paul) |
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Filing 19
STIPULATION AND ORDER extending time for defendant Hazard Control Technologies, Inc. to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 18
STIPULATION AND ORDER extending time for defendant Amerex Corporation to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 17
STIPULATION AND ORDER extending time for defendant Perimeter Solutions LP to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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Filing 16
STIPULATION AND ORDER extending time for defendants Chemguard Inc. and Tyco Fire Products LP to respond to complaint; signed by District Judge Paul L. Maloney (Judge Paul L. Maloney, acr)
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| Filing 15 Exhibit 1 - Ps' Consent to Sign Stip EXHIBIT re #12 Stip Extending Time to Respond to Complaint by defendant Hazard Control Technologies, Inc. (Pattwell, Michael) |
| Filing 14 CORPORATE DISCLOSURE STATEMENT by Perimeter Solutions LP identifying Corporate Parent Perimeter Solutions North America, Inc. for Perimeter Solutions LP (Thurlow, Matthew) |
| Filing 13 Exhibit 1 - Ps' Consent to Sign Stip EXHIBIT re #12 Stip Extending Time to Respond to Complaint by defendant Hazard Control Technologies, Inc. (Pattwell, Michael) |
| Filing 12 STIPULATION Extending Time to Respond to Complaint by defendant Hazard Control Technologies, Inc. (Pattwell, Michael) |
| Filing 11 WITHDRAWAL by defendant Amerex Corporation of FIRST MOTION for extension of time to file answer re #1 Complaint #8 filed by Amerex Corporation (Bratt, Paul) |
| Filing 10 STIPULATION Extending Time to Respond to Complaint by defendant Amerex Corporation (Bratt, Paul) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Karen Libertiny Ludden on behalf of defendant Dawn Chemical Corporation of Wisconsin, Inc. (Ludden, Karen) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Pattwell on behalf of defendant Hazard Control Technologies, Inc. (Pattwell, Michael) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Zachary C. Larsen on behalf of defendant Hazard Control Technologies, Inc. (Larsen, Zachary) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Sarah J. Brutman on behalf of defendant Dawn Chemical Corporation of Wisconsin, Inc. (Brutman, Sarah) |
| Filing 9 CERTIFICATE regarding compliance with LCivR 7.1(d) re FIRST MOTION for extension of time to file answer re #1 Complaint #8 filed by Amerex Corporation (Bratt, Paul) |
| Filing 8 (WITHDRAWN) FIRST MOTION for extension of time to file answer re #1 Complaint by defendant Amerex Corporation; (Attachments: #1 Attachment Brief in Support) (Bratt, Paul) Modified text on 11/18/2020 per #11 (ns). |
| Filing 7 STIPULATION Extending Time to Respond to Complaint by defendant Perimeter Solutions LP (Thurlow, Matthew) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew D. Thurlow on behalf of defendant Perimeter Solutions LP (Thurlow, Matthew) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Paul Donald Bratt on behalf of defendant Amerex Corporation (Bratt, Paul) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Scott Michael Watson on behalf of defendant Amerex Corporation (Watson, Scott) |
| Filing 6 STIPULATION Extending Time to Respond to Complaint by defendants Chemguard, Inc., Tyco Fire Products LP (Uetz, Ann Marie) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Charles M. Denton on behalf of defendant Mine Safety Appliances Company, LLC (Denton, Charles) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Anthony C. Sallah on behalf of defendant Mine Safety Appliances Company, LLC (Sallah, Anthony) |
| Filing 5 NOTICE that this case has been assigned Paul L. Maloney (ns) |
| Filing 4 Memorandum regarding potentially related case returned to Clerk from Magistrate Judge Kent indicating that this case is related to 1:20-cv-787 (tlbu) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by Tyco Fire Products LP (Uetz, Ann Marie) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Chemguard, Inc. (Uetz, Ann Marie) |
| (NON-DOCUMENT) ATTORNEY APPEARANCE of Ann Marie Uetz on behalf of defendants Chemguard, Inc., Tyco Fire Products LP (Uetz, Ann Marie) |
| Filing 1 NOTICE OF REMOVAL from Michigan Circuit Court for Ingham County case number 20-458-CE filed by Chemguard, Inc., Tyco Fire Products LP (Attachments: #1 Exhibit A, #2 Exhibit B) (Ellis, Nicholas) |
| FILING FEE PAID re #1 by defendants Chemguard, Inc., Tyco Fire Products LP in the amount of $400 (Ellis, Nicholas) |
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