NH, State of v. 3M Company et al
| NH, State of and NH Drinking Water and Groundwater Advisory Commission |
| The Chemours Company, 3M Company, E.I. Dupont De Nemours and Company, The Chemours Company, LLC, Corteva, Inc. and Dupont De Nemours, Inc. |
| 1:2022cv00145 |
| April 29, 2022 |
| US District Court for the District of New Hampshire |
| Paul J Barbadoro |
| Tort Product Liability |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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Filing 64
TRANSCRIPT of Proceedings for Motion Hearing held on June 24, 2022. Court Reporter: Brenda Hancock, Telephone # 603-225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 7/18/2022. Redacted Transcript Follow Up 7/28/2022. Release of Transcript Restriction set for 9/22/2022.(js)
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ORAL ORDER denying as moot #29 Partially Assented-to Motion to Stay. Motion denied as moot for reasons stated on the record. So Ordered by Judge Paul J. Barbadoro.(js)
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Minute Entry for proceedings held before Judge Paul J. Barbadoro. MOTION HEARING held on 6/24/2022 re #12 MOTION to Remand, #29 Partially Assented to MOTION to Stay. Motion to Stay is denied as moot for reasons stated on the record. Motion to Remand taken under advisement, the request for expedited treatment within that motion is denied. Answer deadlines are stayed. (Court Reporter: Brenda Hancock) (Pltfs Atty: Kenneth A. Sansone; Christopher G. Aslin; Lana Rowenko) (Defts Atty: Michael A. Scodro; Mark C. Rouvalis; Viggo Christensen Fish; Joseph A. Foster)(Total Hearing Time: 1 hour 40 minutes) (js)
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Filing 63
NOTICE of Attorney Appearance by Michael A. Scodro on behalf of 3M Company Attorney Michael A. Scodro added to party 3M Company(pty:dft).(Scodro, Michael)
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ENDORSED ORDER granting #62 Motion for Michael A. Scodro to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by US Magistrate Judge Andrea K Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)
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Filing 62
Assented to MOTION for Michael A. Scodro to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2261411.) filed by 3M Company. (Attachments: #1 Exhibit (Affidavit) Affidavit)(Rouvalis, Mark)
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Filing 61
NOTICE of HEARING ORDER re: pldg. ( 1453 in MDL No. 2873, 12 in NH/1:22-cv-00145), ( 1421 in MDL No. 2873, 19 in NJ/2:22-cv-02079) in the following opposition(s) of Plaintiff in State of New Hampshire, NH 1:22-00145 and Defendants Iselin Fire Department #9,et al. in Insurance Auto Auctions, Inc., NJ 2:22-02079 - SECTION B (DESIGNATED FOR CONSIDERATION WITHOUT ORAL ARGUMENT) PANEL HEARING set for 7/28/2022 in Seattle, Washington. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 6/16/2022. Associated Cases: MDL No. 2873, NH/1:22-cv-00145, NJ/2:22-cv-02079 (RH).(js)
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Filing 60
NOTICE of Attorney Appearance by Kimbrilee M. Weber on behalf of The Chemours Company Attorney Kimbrilee M. Weber added to party The Chemours Company(pty:dft).(Weber, Kimbrilee)
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Filing 59
NOTICE of Attorney Appearance by Martha N. Donovan on behalf of The Chemours Company Attorney Martha N. Donovan added to party The Chemours Company(pty:dft).(Donovan, Martha)
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Filing 58
NOTICE of Attorney Appearance by Margaret Raymond-Flood on behalf of The Chemours Company Attorney Margaret Raymond-Flood added to party The Chemours Company(pty:dft).(Raymond-Flood, Margaret)
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Filing 57
NOTICE of Attorney Appearance by Daniel L. Ring on behalf of 3M Company Attorney Daniel L. Ring added to party 3M Company(pty:dft).(Ring, Daniel)
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ENDORSED ORDER granting #56 Assented to Motion to Appear at June 24, 2022 Hearing Telephonically. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (js)Counsel shall email their contact information to jennifer_sackos@nhd.uscourts.gov
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Filing 56
Assented to MOTION to Appear at June 24, 2022 Hearing Telephonically - Replaces Document No. 53 filed by E.I. Dupont De Nemours and Company, The Chemours Company.(Himelfarb, David)
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NOTICE of ECF Filing Error re: #53 Miscellaneous Filing filed by E.I. Dupont De Nemours and Company, The Chemours Company. Filer used wrong event. Filer shall refile using the Motion for Miscellaneous Relief event and enter in docket text: Replaces document no. 53. Compliance Deadline set for 6/16/2022.(js)
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Filing 55
NOTICE of Attorney Appearance by Ira Mark Gottlieb on behalf of E.I. Dupont De Nemours and Company, The Chemours Company Attorney Ira Mark Gottlieb added to party E.I. Dupont De Nemours and Company(pty:dft), Attorney Ira Mark Gottlieb added to party The Chemours Company(pty:dft).(Gottlieb, Ira)
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Filing 54
NOTICE of Attorney Appearance by Cynthia S Betz on behalf of E.I. Dupont De Nemours and Company, The Chemours Company Attorney Cynthia S Betz added to party E.I. Dupont De Nemours and Company(pty:dft), Attorney Cynthia S Betz added to party The Chemours Company(pty:dft).(Betz, Cynthia)
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Filing 53
Assented-To Request to Appear at June 24, 2022 Hearing Telephonically by E.I. Dupont De Nemours and Company, The Chemours Company(Himelfarb, David)
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Filing 52
NOTICE of Attorney Appearance by Ryan A. Richman on behalf of E.I. Dupont De Nemours and Company, The Chemours Company Ryan A. Richman Attorney Ryan A. Richman added to party E.I. Dupont De Nemours and Company(pty:dft), Attorney Ryan A. Richman added to party The Chemours Company(pty:dft).(Richman, Ryan)
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Filing 51
NOTICE of Attorney Appearance by John Dalston Smith Gilmour on behalf of NH, State of Attorney John Dalston Smith Gilmour added to party NH, State of(pty:pla).(Gilmour, John)
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Filing 50
NOTICE of Attorney Appearance by Lana Rowenko on behalf of NH, State of Attorney Lana Rowenko added to party NH, State of(pty:pla).(Rowenko, Lana)
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Filing 49
NOTICE of Attorney Appearance by Lanny S. Kurzweil on behalf of E.I. Dupont De Nemours and Company, The Chemours Company Lanny S. Kurzweil Attorney Lanny S. Kurzweil added to party E.I. Dupont De Nemours and Company(pty:dft), Attorney Lanny S. Kurzweil added to party The Chemours Company(pty:dft).(Kurzweil, Lanny)
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ENDORSED ORDER granting #40 Motion to Appear Pro Hac Vice; granting #41 Motion to Appear Pro Hac Vice; granting #42 Motion to Appear Pro Hac Vice; granting #43 Motion to Appear Pro Hac Vice; granting #44 Motion to Appear Pro Hac Vice; granting #45 Motion to Appear Pro Hac Vice; granting #46 Motion to Appear Pro Hac Vice; granting #47 Motion to Appear Pro Hac Vice; granting #48 Motion to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)
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Filing 48
Assented to MOTION for Ryan Richman to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256928.) filed by E.I. Dupont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit (Affidavit) Affidavit of Ryan Richman)(Himelfarb, David)
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Filing 47
Assented to MOTION for Cynthia Betz to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256927.) filed by E.I. Dupont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit (Affidavit) Affidavit of Cynthia Betz)(Himelfarb, David)
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Filing 46
Assented to MOTION for Ira Gottlieb to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256926.) filed by E.I. Dupont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit (Affidavit) Affidavit of Ira Gottlieb)(Himelfarb, David)
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Filing 45
Assented to MOTION for Lanny Kurzweil to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256923.) filed by E.I. Dupont De Nemours and Company, The Chemours Company. (Attachments: #1 Exhibit (Affidavit) Affidavit of Lanny Kurzweil)(Himelfarb, David)
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Filing 44
Assented to MOTION for Lana M. Rowenko to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256922.) filed by NH, State of. (Attachments: #1 Exhibit (Affidavit))(Campbell, Ashley)
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Filing 43
Assented to MOTION for John D. S. Gilmour to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256917.) filed by NH, State of. (Attachments: #1 Exhibit (Affidavit))(Campbell, Ashley)
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Filing 42
Assented to MOTION for Daniel L. Ring to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256911.) filed by 3M Company. (Attachments: #1 Exhibit (Affidavit))(Rouvalis, Mark)
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Filing 41
Assented to MOTION for Richard F. Bulger to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256909.) filed by 3M Company. (Attachments: #1 Exhibit (Affidavit))(Rouvalis, Mark)
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Filing 40
Assented to MOTION for Michael A. Olsen to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2256907.) filed by 3M Company. (Attachments: #1 Exhibit (Affidavit))(Rouvalis, Mark)
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Corrective Entry to #39 Surreply to Reply. Entry corrected to create a link to motion to remand and remove link to doc. no. 32. (js)
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Filing 39
SURREPLY to Reply to #12 Motion for Remand filed by 3M Company. (Rouvalis, Mark) Modified on 6/6/2022 to create a link to motion to remand and remove link to doc. no. 32 (js).
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Filing 38
OBJECTION to #29 Partially Assented to MOTION to Stay filed by NH, State of. Follow up on Reply on 6/10/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit Hearing Transcript Purdue Pharma)(Campbell, Ashley)
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ENDORSED ORDER granting #35 Motion for Margaret Raymond-Flood to Appear Pro Hac Vice; granting #36 Motion for Martha Donovan to Appear Pro Hac Vice; granting #37 Motion for Kimbrilee Weber to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)
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Filing 37
Assented to MOTION for Kimbrilee Weber to Appear Pro Hac Vice on Fraudulent Transfer Claims only (Filing fee $ 100, Receipt # ANHDC-2255317.) filed by The Chemours Company. (Attachments: #1 Exhibit (Affidavit) of Kimbrilee Weber)(Wade, Lisa)
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Filing 36
Assented to MOTION for Martha Donovan to Appear Pro Hac Vice on Fraudulent Transfer Claims only (Filing fee $ 100, Receipt # ANHDC-2255316.) filed by The Chemours Company. (Attachments: #1 Exhibit (Affidavit) of Martha Donovan)(Wade, Lisa)
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Filing 35
Assented to MOTION for Margaret Raymond-Flood to Appear Pro Hac Vice on Fraudulent Transfer Claims (Filing fee $ 100, Receipt # ANHDC-2255314.) filed by The Chemours Company. (Attachments: #1 Exhibit (Affidavit) of Margaret Raymond-Flood)(Wade, Lisa)
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Filing 34
REPLY to Objection to Motion re #12 MOTION to Remand filed by NH, State of. Surreply due by 6/6/2022. (Campbell, Ashley)
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ENDORSED ORDER granting #32 Assented to Motion for Leave to File Reply Memorandum Supporting the State's Motion for Remand. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Paul J. Barbadoro. (js)
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ENDORSED ORDER granting #33 Assented to Motion to Extend Time to Object/Respond RE #29 Partially Assented to Motion to Stay. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro. (js)
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Filing 33
Assented to MOTION to Extend Time to Object/Respond to #29 Partially Assented to MOTION to Stay to June 3, 2022 filed by NH, State of.(Campbell, Ashley)
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Filing 32
Assented to MOTION for Leave to File Reply Memorandum Supporting the States Motion for Remand filed by NH, State of. (Attachments: #1 Exhibit Reply)(Campbell, Ashley)
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NOTICE re: #12 MOTION to Remand. Motion Hearing set for 6/24/2022 02:00 PM before Judge Paul J. Barbadoro.(js)
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Filing 31
RESPONSE to Motion re #12 MOTION to Remand - Joinder to 3M Company's Opposition to Motion for Remand filed by E.I. Dupont De Nemours and Company, The Chemours Company. (Himelfarb, David)
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Filing 30
OBJECTION to #12 MOTION to Remand filed by 3M Company. Follow up on Reply on 5/27/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Rouvalis, Mark)
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Filing 29
Partially Assented to MOTION to Stay filed by 3M Company.Follow up on Objection on 6/1/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law)(Rouvalis, Mark)
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NOTICE RE MDL No. 2873- LETTER FROM CHAIR OF THE PANEL -- TO TRANSFEROR JUDGE Presently before the Panel, pursuant to 28 U.S.C. 1407, is a notice of opposition to a Conditional Transfer Order (CTO-90) filed in this litigation. Our rules give the parties an opportunity to brief fully the question of transfer. The Panel will consider the matter at its bimonthly hearing session. In the meantime, your jurisdiction continues until transfer to the MDL - if the Panel so orders - becomes effective. See Panel Rule 2.1(d). If you rule on any dispositive motions, please notify the Panel staff via e-mail at PanelMDL@jpml.uscourts.gov. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 5/18/2022. Associated Cases: MDL No. 2873, NH/1:22-cv-00145 (TF).(js)
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ENDORSED ORDER granting #27 Partially Assented to MOTION to SEAL CONFIDENTIAL PORTIONS OF THE SUPERIOR COURT CERTIFIED RECORD, granting #28 Partially Assented to MOTION TO SEAL CONFIDENTIAL PORTIONS OF THE STATE SUPREME COURT CERTIFIED RECORD. Text of Order: Granted. So Ordered by Judge Paul J. Barbadoro.(js)
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Filing 26
Certified Copies of State Court Record. State Court Case No. 216-2019-cv-00445, Merrimack County Superior Court (Attachments: #1 Exhibit Public Appellants' Appx II - 12/31/21 (part 33 of 33))(Rouvalis, Mark)
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ENDORSED ORDER granting #22 Assented to Motion to Extend Time to Object/Respond re #11 Motion to Dismiss. Text of Order: Motion granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Paul J. Barbadoro.(js)
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Filing 28
Partially Assented to MOTION TO SEAL CONFIDENTIAL PORTIONS OF THE STATE SUPREME COURT CERTIFIED RECORD filed by 3M Company.(js)
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Filing 27
Partially Assented to MOTION to SEAL CONFIDENTIAL PORTIONS OF THE SUPERIOR COURT CERTIFIED RECORD filed by 3M Company.(js)
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Conventionally filed documents RE: CONFIDENTIAL PORTIONS OF THE SUPERIOR COURT CERTIFIED RECORD & CONFIDENTIAL PORTIONS OF THE STATE SUPREME COURT CERTIFIED RECORD Received. (js)
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Filing 25
Certified Copies of State Court Record. State Court Case No. 216-2019-cv-00445, Merrimack County Superior Court (Attachments: #1 Exhibit Public Appellants' Appx II - 12-1-21 (Part 30 of 33), #2 Exhibit Public Appellants' Appx II - 12-31-21 (part 31 of 33), #3 Exhibit Public Appellants' Appx II - 12-31-21 (part 32 of 33), #4 Exhibit Public Appellants' Appx II - 12-31-21 (part 33 of 33), #5 Exhibit State's Public Supp Appx v. II 1-12-22 (part 1 of 3), #6 Exhibit State's Public Supp Appx v. II 1-12-22 (part 2 of 3), #7 Exhibit State's Public Supp Appx v. II 1-12-22 (part 3 of 3), #8 Exhibit SC Pleadings 1-12-22-2-22-22, #9 Exhibit Public Notice of Removal 4-29-22 (part 1 of 4), #10 Exhibit Public Notice of Removal 4-29-22 (part 2 of 4), #11 Exhibit Public Notice of Removal 4-29-22 (part 4 of 4), #12 Exhibit Public Notice of Removal 4-29-22 (part 3 of 4))(Rouvalis, Mark)
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Filing 24
Certified Copies of State Court Record. State Court Case No. 216-2019-cv-00445, Merrimack County Superior Court (Attachments: #1 Exhibit SC Public Appellants' Appx II 12/31/21 (part 12 of 33), #2 Exhibit SC Public Appellants' Appx II 12/31/21 (part 13 of 33), #3 Exhibit SC Public Appellants' Appx II 12/31/21 (part 14 of 33), #4 Exhibit SC Public Appellants' Appx II 12/31/21 (part 15 of 33), #5 Exhibit SC Public Appellants' Appx II 12/31/21 (part 16 of 33), #6 Exhibit SC Public Appellants' Appx II 12/31/21 (part 17 of 33), #7 Exhibit SC Public Appellants' Appx II 12/31/21 (part 18 of 33), #8 Exhibit SC Public Appellants' Appx II 12/31/21 (part 19 of 33), #9 Exhibit SC Public Appellants' Appx II 12/31/21 (part 20 of 33), #10 Exhibit SC Public Appellants' Appx II 12/31/21 (part 21 of 33), #11 Exhibit SC Public Appellants' Appx II 12/31/21 (part 22 of 33), #12 Exhibit SC Public Appellants' Appx II 12/31/21 (part 23 of 33), #13 Exhibit SC Public Appellants' Appx II 12/31/21 (part 24 of 33), #14 Exhibit SC Public Appellants' Appx II 12/31/21 (part 25 of 33), #15 Exhibit SC Public Appellants' Appx II 12/31/21 (part 26 of 33), #16 Exhibit SC Public Appellants' Appx II 12/31/21 (part 27 of 33), #17 Exhibit SC Public Appellants' Appx II 12/31/21 (part 28 of 33), #18 Exhibit SC Public Appellants' Appx II 12/31/21 (part 29 of 33))(Rouvalis, Mark)
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Filing 23
Certified Copies of State Court Record. State Court Case No. 216-2019-cv-145, Merrimack County Superior Court (Attachments: #1 Exhibit Supreme Court Notice of Appeal, #2 Exhibit SC Public Pleadings 8/26/21-8/31/21, #3 Exhibit SC Public Appellants' Appx 9/7/21 (part 1 of 2), #4 Exhibit SC Public Appellants' Appx 9/7/21 (part 2 of 2), #5 Exhibit SC Public Pleadings 9/7/21-12/13/21, #6 Exhibit SC Public Appellants' Appx II 12/31/21 (part 1 of 33), #7 Exhibit SC Public Appellants' Appx II 12/31/21 (part 2 of 33), #8 Exhibit SC Public Appellants' Appx II 12/31/21 (part 3 of 33), #9 Exhibit SC Public Appellants' Appx II 12/31/21 (part 4 of 33), #10 Exhibit SC Public Appellants' Appx II 12/31/21 (part 5 of 33), #11 Exhibit SC Public Appellants' Appx II 12/31/21 (part 7 of 33), #12 Exhibit SC Public Appellants' Appx II 21/31/21 (part 8 of 33), #13 Exhibit SC Public Appellants' Appx II 12/31/21 (part 9 of 33), #14 Exhibit SC Public Appellants' Appx II 12/31/21 (part 10 of 33), #15 Exhibit SC Public Appellants' Appx II 12/31/21 (part 11 of 33))(Rouvalis, Mark)
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Filing 22
Assented to MOTION to Extend Time to Object/Respond to #11 MOTION to Dismiss filed by NH, State of.(Campbell, Ashley)
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Filing 21
NOTICE of Attorney Appearance by Lisa Snow Wade on behalf of The Chemours Company on Fraudulent Transfer Claims only (Wade, Lisa)
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Filing 20
NOTICE of Attorney Appearance by Katharine A. Roin on behalf of Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company as to the fraudulent transfer counts only (Counts 4-7) Attorney Katharine A. Roin added to party Corteva, Inc.(pty:dft), Attorney Katharine A. Roin added to party Dupont De Nemours, Inc.(pty:dft), Attorney Katharine A. Roin added to party E.I. Dupont De Nemours and Company(pty:dft).(Roin, Katharine)
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Filing 19
NOTICE of Attorney Appearance by Amy Rachel Gore on behalf of Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company as to the fraudulent transfer counts only (Counts 4-7) Attorney Amy Rachel Gore added to party Corteva, Inc.(pty:dft), Attorney Amy Rachel Gore added to party Dupont De Nemours, Inc.(pty:dft), Attorney Amy Rachel Gore added to party E.I. Dupont De Nemours and Company(pty:dft).(Gore, Amy)
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Filing 18
NOTICE of Attorney Appearance by Katherine Hacker on behalf of Corteva, Inc., Dupont De Nemours, Inc., E.I. Dupont De Nemours and Company as to the fraudulent transfer counts only (Counts 4-7) Attorney Katherine Hacker added to party Corteva, Inc.(pty:dft), Attorney Katherine Hacker added to party Dupont De Nemours, Inc.(pty:dft), Attorney Katherine Hacker added to party E.I. Dupont De Nemours and Company(pty:dft).(Hacker, Katherine)
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Filing 17
Certified Copies of State Court Record. State Court Case No. 216-2019-cv-00445, Merrimack County Superior Court (Attachments: #1 Exhibit State Court Pleadings 1-30, #2 Exhibit State Court Pleadings 31-61, #3 Exhibit State Court Pleadings 62-78, #4 Exhibit State Court Pleadings 79-101, #5 Exhibit State Court Pleadings 102-110, #6 Exhibit State Court Pleadings 111-119, #7 Exhibit State Court Pleading 120 (part 1 of 2), #8 Exhibit State Court Pleading 120 (part 2 of 2), #9 Exhibit State Court Pleadings 121-143, #10 Exhibit State Court Pleadings 144-150, #11 Exhibit State Court Pleading 151 (part 1 of 2), #12 Exhibit State Court Pleading 151 (part 2 of 2), #13 Exhibit State Court Pleadings 152-165, #14 Exhibit State Court Pleading 166, #15 Exhibit State Court Pleadings 167-197)(Rouvalis, Mark)
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Filing 16
ORDER MDL No. 1 re: conditional transfer to United States District Court for the District of South Carolina. Order is not effective until filed in the transferee court. MDL No. 2873. Miscellaneous Deadline set for 6/9/2022. (js)
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ENDORSED ORDER granting #13 Assented to MOTION for Amy R. Gore to Appear Pro Hac Vice; granting #14 Assented to MOTION for Katherine L.I. Hacker to Appear Pro Hac Vice; granting #15 Assented to MOTION for Katharine A. Roin to Appear Pro Hac Vice. Text of Order: Granted. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court So Ordered by Magistrate Judge Andrea K. Johnstone.The clerk's office will provide the admitted attorney with instructions on how to obtain access to electronic filing by separate email. The admitted attorney must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of New Hampshire. After obtaining e-filing access, the admitted attorney must file an appearance to begin receiving electronic notices.(js)
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Filing 15
Assented to MOTION for Katharine A. Roin to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2247031.) filed by Corteva, Inc., Dupont De Nemours, Inc.. (Attachments: #1 Exhibit (Affidavit) 1. Roin Affidavit)(Lovett Shilo, Brooke)
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Filing 14
Assented to MOTION for Katherine L.I. Hacker to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2247023.) filed by Corteva, Inc., Dupont De Nemours, Inc.. (Attachments: #1 Exhibit (Affidavit) 1. Hacker Affidavit)(Lovett Shilo, Brooke)
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Filing 13
Assented to MOTION for Amy R. Gore to Appear Pro Hac Vice (Filing fee $ 100, Receipt # ANHDC-2247017.) filed by Corteva, Inc., Dupont De Nemours, Inc.. (Attachments: #1 Exhibit (Affidavit) 1. Gore Affidavit)(Lovett Shilo, Brooke)
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Filing 12
MOTION to Remand filed by NH, State of.Follow up on Objection on 5/20/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law Supporting The States Motion For Remand, #2 Exhibit (Affidavit) Declaration of Ashley Campbell, Esq. Supporting The States Motion For Remand, #3 Exhibit 1: 3M October 2019 Memorandum, #4 Exhibit 2: February 2020 Hearing Transcript, #5 Exhibit 3: June 2020 Order, #6 Exhibit 4: 3M December 2020 Memorandum, #7 Exhibit 5: 3M January 2021 Joinder, #8 Exhibit 6: DuPont Motion to Dismiss, #9 Exhibit 7: Motion to Enter Protective Order, #10 Exhibit 8: July 2021 Order, #11 Exhibit 9: 3M October 2021 Answer, #12 Exhibit 10: December 2021 Order, #13 Exhibit 11: 3M Motion to Extend Deadline, #14 Exhibit 12:April 2022 Order)(Sansone, Kenneth)
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Filing 11
MOTION to Dismiss filed by Corteva, Inc., Dupont De Nemours, Inc.. Attorney Brooke Lois Lovett Shilo added to party Corteva, Inc.(pty:dft), Attorney Brooke Lois Lovett Shilo added to party Dupont De Nemours, Inc.(pty:dft).Follow up on Objection on 5/20/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law, #2 Exhibit A-NH Order, #3 Exhibit (Affidavit) B-Hennessey Affidavit, #4 Exhibit (Affidavit) C-Eddis Affidavit, #5 Exhibit D-City of Corona, #6 Exhibit E-Minute Order)(Lovett Shilo, Brooke)
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Filing 10
Disclosure Statement by Dupont De Nemours, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Hilliard, Russell)
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Filing 9
Disclosure Statement by Corteva, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Hilliard, Russell)
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Filing 8
Disclosure Statement by The Chemours Company disclosing no parent company, one or more publicly traded companies, and no merger agreement. (Himelfarb, David)
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Filing 7
Disclosure Statement by E.I. Dupont De Nemours and Company disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Himelfarb, David)
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Filing 6
NOTICE of Attorney Appearance by David Himelfarb on behalf of E.I. Dupont De Nemours and Company, The Chemours Company (Except as to Counts IV to VII (the Fraudulent Transfer Counts) as to Both Defendants) (Himelfarb, David)
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motions for pro hac vice admission of Robert A. Bilott, Richard F. Bulger, Daniel L. Ring, Michael A. Olsen, Cynthia C. Betz, Ira M. Gottlieb, Margaret Raymond-Flood, Martha Donovan, Lanny Kurzweil, Kevin J. Madonna, Gary J. Douglas, Michael A. London, Rebecca G. Newman, Tate Kunkle, David J. Butler, John D.S. Gilmour, William J. Jackson, Lana M. Rowenko, David Zalman have been received. Unless said motions with the required fee are filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 6/6/2022. (mc)
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Filing 5
NOTICE of Attorney Appearance by Kenneth A. Sansone on behalf of NH, State of (Sansone, Kenneth)
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Filing 4
NOTICE of Attorney Appearance by Ashley B. Campbell on behalf of NH, State of (Campbell, Ashley)
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Filing 3
Disclosure Statement by 3M Company disclosing no parent company, no publicly traded company, and no merger agreement. (Rouvalis, Mark)
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Filing 2
Civil Cover Sheet. (Filing fee $ 49, receipt number ANHDC-2243703.) filed by 3M Company, The Chemours Company, L.L.C., E.I. Dupont De Nemours and Company.(Rouvalis, Mark) Modified on 4/29/2022 to remove: NEW MISC CASE text(mc).
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Filing 1
NOTICE OF REMOVAL with Jury Demand from Merrimack County Superior Court, case number 216-2019-cv-00445 (filing fee $402, receipt number ANHDC-2243694) filed by 3M Company, The Chemours Company, L.L.C., E.I. Dupont De Nemours and Company. Answer Follow Up on 5/20/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 5/13/2022. (Attachments: #1 Exhibit State's Second Amended Complaint, #2 Exhibit State's First Amended Complaint, #3 Exhibit State's Initial Complaint, #4 Exhibit State of NH Initial Rule 22 Disclosure, #5 Exhibit State's AFFF Complaint, #6 Exhibit State's Response to 3M's Supplement Memo for Case Structuring Conf., #7 Exhibit State of NH AFFF Fact Sheet, #8 Exhibit Transcript of 3/31/22 Hearing on Motion to Stay, #9 Exhibit Pase Air Force Base Final Expanded Site Inspection Report (PFAS), #10 Exhibit Pease Air Force Base Final Expanded Site Inspection Rpt. - Fig. 1-2, #11 Exhibit Pease Air Force Base Final Expanded Site Inspection Rpt. - Fig. 4-7, #12 Exhibit ATSDR Evaluation of PFAS Detected in Private Residential Drinking Water Wells, #13 Exhibit NPDES Great Bay Total Nirogen Gen. Permit for WW Treatment Facilities in NH, #14 Exhibit Tavasoli et al, Distribution and fate of PFAS in Wastewater, #15 Exhibit Site Investigation Report (PFAS) - Defense Fuels Support Point, #16 Exhibit PSNH Schiller Station 8/2021 Periodic Summary Report)(Rouvalis, Mark) (Additional attachment(s) added on 4/29/2022: #17 Signature Page to Certificate of Service) (mc).
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Case assigned to Judge Paul J. Barbadoro. The case designation is: 1:22-cv-145-PB. Please show this number with the judge designation on all future pleadings. (mc)
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NOTICE re #1 Notice of Removal - New Case, filed by 3M Company, E.I. Dupont De Nemours and Company, The Chemours Company. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. 3M Company, E.I. Dupont De Nemours and Company, The Chemours Company shall file a disclosure statement by May 6, 2022. Disclosure Statement due 5/6/2022. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(mc)
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NOTICE OF DUPLICATE PAYMENT: 3M Company, E.I. Dupont De Nemours and Company, The Chemours Company submitted a duplicate payment in the amount of $49, receipt no. ANHDC-2243703, re #2 Miscellaneous Case - New Case. To request a refund, the filer shall complete the #Request for Refund Form available on the court's website and submit it to the clerk's office either via email or conventionally in paper. (mc)
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NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE. (mc)
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