Kelso v. 3M Company et al
| Larry G Kelso |
| 3M Company, CHCA Pearland L.P. doing business as HCA Houston Healthcare Pearland, HCA Pearland GP, Inc., HCA Healthcare, Inc., HCA Holdings, Inc., Rosemary Buckle, HCA Houston Healthcare-Medical Center Orthopedics, Robert W. Power, US Anesthesia Partners, P.A. doing business as USAP-Texas, Daniel R. Backlas, Paul D. Evans, Houston Northwest Radiology Association, PA doing business as Houston Northwest Radiology, Radiology Partners, Inc., McDonald & Worley, PC, Farrar & Ball, LLP, Genevieve M. Zimmerman, Meshbesher & Spencer, LTD, Michael A. Sacchet, Megan L. Odom, Ciresi & Conlin, LLP, Norton Rose & Fulbright US LLP, HCA Houston Healthcare Pearland, Serpe, Jones, Andrews, Callender & Bell, Shannon Martin Finkelstein Alvarado & Dunne PC, Wilson, Elser, Moskowitz, Edelman & Dicker, LLP, Myers Doyle, Serpe Andrews, PLLC, Nicole G. Andrews, Daniel R. Backlas, M.D., PA, HCA Houston Healthcare Medical Center Orthopedics, Paul Evans, MD, PLLC, Lina Al-Salim, US Anesthesia Partners of Texas, PA doing business as USAP-Texas and Paul Evans, M.D., PLLC |
| 0:2023cv03073 |
| October 5, 2023 |
| US District Court for the District of Minnesota |
| Joan N Ericksen |
| David T Schultz |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Defendant |
Docket Report
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This docket was last retrieved on January 15, 2024. A more recent docket listing may be available from PACER.
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Filing 63
Declaration of Genevieve M. Zimmerman in Support of #54 MOTION to Remand to State Court filed by Larry G Kelso. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2)(Zimmerman, Genevieve)
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Filing 62
Reply to Response to Motion re #54 MOTION to Remand to State Court filed by Larry G Kelso. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Zimmerman, Genevieve)
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Filing 61
DECLARATION of Gene Hummel in Opposition to #54 MOTION to Remand to State Court filed by 3M Company. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H, #9 Exhibit(s) Exhibit I)(Hulse, Benjamin)
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Filing 60
MEMORANDUM in Opposition re #54 MOTION to Remand to State Court filed by 3M Company. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Hulse, Benjamin)
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Filing 59
PROPOSED ORDER TO JUDGE re #54 MOTION to Remand to State Court filed by Larry G Kelso.(Zimmerman, Genevieve)
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Filing 58
NOTICE OF HEARING ON MOTION #54 MOTION to Remand to State Court : Date and time to be determined. (Zimmerman, Genevieve)
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Filing 57
Declaration of Genevieve M. Zimmerman in Support of #54 MOTION to Remand to State Court filed by Larry G Kelso. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11)(Zimmerman, Genevieve)
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Filing 56
MEMORANDUM in Support re #54 MOTION to Remand to State Court filed by Larry G Kelso. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Zimmerman, Genevieve)
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Filing 55
MEET and CONFER STATEMENT re #54 Motion to Remand to State Court filed by Larry G Kelso.(Zimmerman, Genevieve)
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Filing 54
MOTION to Remand to State Court filed by Larry G Kelso. (Zimmerman, Genevieve)
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Filing 53
FILED IN ERROR - MOTION for Admission Pro Hac Vice for Attorney John Shepperd. Filing fee $ 100, receipt number AMNDC-10606674 filed by Daniel R. Backlas, Radiology Partners, Inc.. (Shepperd, John) Modified text on 10/19/2023 (jam).
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Filing 52
MDL PRETRIAL ORDER No. 1: Establishing Procedures. Signed by Judge Joan N. Ericksen on 1/13/2016.(kt)
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Filing 51
(Text-Only) COUNSEL PLEASE NOTE: This docket contains pleadings and orders pertaining to this case only and some, but not all, orders from the master case file IN RE: Bair Hugger Forced Air Warming Devices Products Liability Litigation 0:15-md-02666-JNE-DTS . Counsel shall read and comply with all Pretrial Orders filed in this master case. Pleadings filed and orders issued in the master case may be accessed through the master docket sheet at 0:15-md-02666-JNE-DTS . Additionally, access to Pretrial Orders, minutes, transcripts, and other documents issued in the master case may be found on the Bair MDL website at: # www.mnd.uscourts.gov/mdl-cases . (kt)
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Filing 50
Case transferred in from District of Texas Southern; Case Number 4:23-cv-02690. Original file certified copy of transfer order and docket sheet received. Case assigned to Judge Joan N. Ericksen and referred to Magistrate Judge David T. Schultz per MDL List.
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Filing 49
JPML TRANSFER ORDER transferring case to District of Minnesota to be included in MDL Docket No. 2666. (LisaTien, 4) [Transferred from Texas Southern on 10/5/2023.]
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Interdistrict transfer to District of Minnesota. Case transferred electronically. (LisaTien, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 48
ORDER granting #33 Motion for Margaret L. Layrisson to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 47
ORDER granting #32 Motion for Barrett K. Blackmon to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 46
ORDER granting #13 Motion for Benjamin W. Hulse to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 45
ORDER granting #27 Notice of Dismissal as to Defendant Houston Northwest Radiology Association, PA terminated.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) [Transferred from Texas Southern on 10/5/2023.]
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Filing 44
ORDER granting #30 Motion for Megan N. Anson to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 43
CERTIFICATE OF INTERESTED PARTIES by CHCA Pearland L.P., filed.(Knudsen, Christopher) [Transferred from Texas Southern on 10/5/2023.]
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Filing 42
CORPORATE DISCLOSURE STATEMENT by Robert W. Power, US Anesthesia Partners, P.A., filed.(Myers, John) [Transferred from Texas Southern on 10/5/2023.]
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Filing 41
NOTICE of Appearance by J. Gregory Myers and Andrew M. Taleghany on behalf of Robert W. Power, US Anesthesia Partners, P.A., filed. (Myers, John) [Transferred from Texas Southern on 10/5/2023.]
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Filing 40
ORDER granting #14 Motion for Extension of Time; Motion-related deadline set re: #14 Unopposed MOTION for Extension of Time to File Answer. Answer due by 8/14/2023.(Signed by Judge Kenneth M Hoyt) Parties notified.(fcarbia, 2) [Transferred from Texas Southern on 10/5/2023.]
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Filing 39
CERTIFICATE OF SERVICE of #38 Certificate of Interested Parties by Larry G Kelso, filed.(Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 38
CERTIFICATE OF INTERESTED PARTIES by Larry G Kelson, filed.(Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 37
NOTICE of Appearance by George A. Shannon, Jr. and Carlos A. Mattioli on behalf of HCA Healthcare, Inc., HCA Pearland GP, Inc., filed. (Shannon, George) [Transferred from Texas Southern on 10/5/2023.]
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Filing 36
CORPORATE DISCLOSURE STATEMENT by HCA Healthcare, Inc., HCA Pearland GP, Inc., filed.(Shannon, George) [Transferred from Texas Southern on 10/5/2023.]
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Filing 35
ANSWER to Complaint by Rosemary Buckle, HCA Houston Healthcare-Medical Center Orthopedics, filed.(Taylor, Taylor) [Transferred from Texas Southern on 10/5/2023.]
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Filing 34
NOTICE of Appearance by Taylor F. Taylor on behalf of Rosemary Buckle, filed. (Taylor, Taylor) [Transferred from Texas Southern on 10/5/2023.]
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Filing 33
MOTION to Appear Pro Hac Vice for Margaret L. Layrisson (Fee Paid: $100, receipt number CTXSDC-30345043) by Rosemary Buckle, filed. Motion Docket Date 9/1/2023. (Layrisson, Margaret) [Transferred from Texas Southern on 10/5/2023.]
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Filing 32
MOTION to Appear Pro Hac Vice for Barrett K. Blackmon (Fee Paid: $100, receipt number ATXSDC-30344978) by Rosemary Buckle, filed. Motion Docket Date 9/1/2023. (Blackmon, Barrett) [Transferred from Texas Southern on 10/5/2023.]
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Filing 31
***ENTERED IN ERROR***ORDER. Modified on 8/11/2023 (chorace). [Transferred from Texas Southern on 10/5/2023.]
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Filing 30
MOTION to Appear Pro Hac Vice for Megan N. Anson (Fee Paid: $100, receipt number ATXSDC-30331877) by CHCA Pearland L.P., filed. Motion Docket Date 8/30/2023. (Knudsen, Christopher) Modified on 8/11/2023 (JacquelineMata, 4). [Transferred from Texas Southern on 10/5/2023.]
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Filing 29
NOTICE of Appearance by Christopher D. Knudsen and Nicole G. Andrews on behalf of CHCA Pearland L.P., filed. (Knudsen, Christopher) [Transferred from Texas Southern on 10/5/2023.]
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Filing 28
NOTICE Certificate of Service for Plaintiff's Notice of Dismissal Without Prejudice As To Defendant, Houston Northwest Radiology Association, PA by Larry G Kelson, filed. (Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 27
NOTICE of Dismissal as to Houston Northwest Radiology Association, PA by Larry G Kelson, filed. (Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 26
ANSWER to Complaint with Jury Demand by Daniel R. Backlas, Radiology Partners, Inc., filed.(Shepperd, John) [Transferred from Texas Southern on 10/5/2023.]
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Filing 25
Corrected AMENDED ANSWER to by HCA Healthcare, Inc., HCA Pearland GP, Inc., filed. (Attachments: #1 Exhibit)(Shannon, George) [Transferred from Texas Southern on 10/5/2023.]
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Filing 24
ANSWER to Complaint by Robert W. Power, filed.(Myers, John) [Transferred from Texas Southern on 10/5/2023.]
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Filing 23
ORDER granting #3 Motion to Stay All Proceedings Pending a determination by the MDL whether to accept jurisdiction. (Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) Modified on 8/17/2023 (chorace). (Main Document 23 replaced on 8/20/2023 - No substantive changes made) (chorace) [Transferred from Texas Southern on 10/5/2023.]
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Filing 22
ANSWER to #1 State Court Petition/Notice of Removal by HCA Healthcare, Inc., HCA Pearland GP, Inc., filed. (Attachments: #1 Exhibit)(Shannon, George) [Transferred from Texas Southern on 10/5/2023.]
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Filing 21
REPLY in Support of #3 MOTION to Stay Pending Transfer to MDL Court, filed by 3M Company. (Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 20
ORDER granting #12 Motion for Benjamin W. Hulse to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 19
ORDER granting #11 Motion for Mary Schug Young to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Kenneth M Hoyt) Parties notified.(GabrielleLyons, 4) [Transferred from Texas Southern on 10/5/2023.]
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Filing 18
Plaintiff's Certificate of Service for Plaintiff's Corrected Notice of Filing Opposition to CTO- 36 with the JPML by Larry G Kelson, filed.(Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 17
OBJECTIONS to Chapter 74. Expert Report of Bowling, MD, filed by Robert W. Power. (Attachments: #1 Proposed Order Proposed Order)(Myers, John) [Transferred from Texas Southern on 10/5/2023.]
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Filing 16
NOTICE of Plaintiff's Corrected Filing of Opposition to CTO-36 with JPML by Larry G Kelson, filed. (Attachments: #1 Exhibit Plaintiff's Notice of Opposition to CTO-36, #2 Exhibit Plaintiff's Expert Report)(Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 15
NOTICE of Filing Opposition to Conditional Transfer Order (CTO-35) with the JPML by Larry G Kelson, filed. (Attachments: #1 Exhibit Plaintiff's Expert Report)(Assaad, Gabriel) [Transferred from Texas Southern on 10/5/2023.]
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Filing 14
Unopposed MOTION for Extension of Time to File Answer by Daniel R. Backlas, Radiology Partners, Inc., filed. Motion Docket Date 8/22/2023. (Attachments: #1 Proposed Order)(Shepperd, John) [Transferred from Texas Southern on 10/5/2023.]
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Filing 13
MOTION for Benjamin W. Hulse to Appear Pro Hac Vice by 3M Company, filed. Motion Docket Date 8/21/2023. (Attachments: #1 Exhibit Certificate of Good Standing)(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 12
MOTION for Benjamin W. Hulse to Appear Pro Hac Vice by 3M Company, filed. Motion Docket Date 8/21/2023. (Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 11
MOTION for Mary Schug Young to Appear Pro Hac Vice by 3M Company, filed. Motion Docket Date 8/21/2023. (Attachments: #1 Exhibit Certificate of Good Standing)(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 10
Per Filer, this document filed in error. MOTION for Benjamin W. Hulse to Appear Pro Hac Vice by 3M Company, filed. Motion Docket Date 8/21/2023. (Attachments: #1 Exhibit Certificate of Good Standing)(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 9
ANSWER to #1 State Court Petition/Notice of Removal by 3M Company, filed.(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 8
PROPOSED ORDER re: #2 MOTION to Remand, filed.(Farrar, Kyle) [Transferred from Texas Southern on 10/5/2023.]
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Filing 7
CERTIFICATE OF SERVICE IN A REMOVED ACTION by 3M Company, filed.(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 6
ORDER for Initial Pretrial and Scheduling Conference by Telephone and Order to Disclose Interested Persons. Counsel who filed or removed the action is responsible for placing the conference call and insuring that all parties are on the line. The call shall be placed to (713)250-5613. Telephone Conference set for 10/19/2023 at 08:45 AM before Judge Kenneth M Hoyt.(Signed by Judge Kenneth M Hoyt) Parties notified.(chorace) [Transferred from Texas Southern on 10/5/2023.]
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Filing 5
RESPONSE to #3 MOTION to Stay Pending Transfer to MDL Court filed by Larry G Kelson. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3)(Farrar, Kyle) [Transferred from Texas Southern on 10/5/2023.]
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Filing 4
NOTICE of Appearance by Kyle W, Farrar on behalf of Larry G Kelson, filed. (Farrar, Kyle) [Transferred from Texas Southern on 10/5/2023.]
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Filing 3
MOTION to Stay Pending Transfer to MDL Court by 3M Company, filed. Motion Docket Date 8/17/2023. (Attachments: #1 Affidavit of Brad Rutledge, #2 Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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Filing 2
MOTION to Remand by Larry G Kelson, filed. Motion Docket Date 8/16/2023. (Attachments: #1 Exhibit 12/17/2021 Transcript, #2 Exhibit 2/2/2022 Order, #3 Exhibit Order Flores v. Intex, #4 Exhibit Kelso Expert Report, #5 Exhibit Affidavit of Service, #6 Exhibit Bankston Declaration)(Farrar, Kyle) [Transferred from Texas Southern on 10/5/2023.]
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Filing 1
NOTICE OF REMOVAL from 165th District Court, case number 2023-30395 (Filing fee $ 402 receipt number ATXSDC-30241881) filed by 3M Company(Attorney for 3M Company), 3M Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Affidavit of Benjamin W. Hulse)(Rutledge, Bradley) [Transferred from Texas Southern on 10/5/2023.]
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