The State of New Mexico v. Sterigenics U.S., LLC et al
Plaintiff: The State of New Mexico, ex rel Hector Balderas, Attorney General and The State of New Mexico
Defendant: Sotera Health Holdings, LLC, Sotera Health Company, Sterigenics U.S., LLC and Sotera Health LLC
Case Number: 2:2020cv01355
Filed: December 28, 2020
Court: US District Court for the District of New Mexico
Presiding Judge: Kenneth J Gonzales
Referring Judge: Kevin R Sweazea
Nature of Suit: Tort Product Liability
Cause of Action: 28 U.S.C. § 1441 Petition for Removal- Tort/Non-Motor Vehicle
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 14, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 14, 2021 Opinion or Order Filing 35 Letter Remanding case to Third Judicial District Court. Certified copy of letter, doc #34 and case file will be mailed. (bc)
April 13, 2021 Opinion or Order Filing 34 MEMORANDUM OPINION AND ORDER by District Judge Kenneth J. Gonzales granting #4 Motion to Remand to State Court. This lawsuit is remanded to the Third Judicial District Court, Dona Ana County, State of New Mexico. (tah)
March 10, 2021 Opinion or Order Filing 33 NOTICE by The State of New Mexico re #1 Notice of Removal, #12 Errata (Rael, Marcus)
March 9, 2021 Opinion or Order Filing 32 REPLY in Further Support of Emergency Motion for Temporary Restraining Order and Preliminary Injunction re #24 Notice (Other), #12 Errata filed by The State of New Mexico. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Rael, Marcus)
February 24, 2021 Filing 31 RESPONSE of Sterigenics U.S., LLC re #24 Notice (Other), #12 Errata filed by Sterigenics U.S., LLC. (Attachments: #1 Exhibit A - FDA Statement, Oct. 25, 2019, #2 Exhibit B - Kirman EO review, #3 Exhibit C - Sheehan EO Article, #4 Exhibit D - EO Data Summary, #5 Exhibit E - Everyday Sources of EO, #6 Exhibit F - OSHA Fact Sheet, #7 Exhibit G - Response to Comments, #8 Exhibit H - TCEQ Responses to Comments, #9 Exhibit I - NATA Fact Sheet, #10 Exhibit J - EPA Resp. to Mgmt. Alert, #11 Exhibit K - EPA outreach to potentially affected communities, #12 Exhibit L - 2014 NATA Emissions Updates, #13 Exhibit M - Supp. Ortiz Decl., #14 Exhibit N - Vincent EO evidence integration, #15 Exhibit O - Valdez-Flores Risk Assessment, #16 Exhibit P - Marsh Ethylene Oxide and risk of cancer) (Walker, Alex)
February 19, 2021 Filing 30 NOTICE of Briefing Complete by Sterigenics U.S., LLC re #27 MOTION to Clarify Defendant Sterigenics U.S., LLC's Motion for Clarification filed by Sterigenics U.S., LLC (Walker, Alex)
February 19, 2021 Filing 29 REPLY to Response to Motion re #27 MOTION to Clarify Defendant Sterigenics U.S., LLC's Motion for Clarification filed by Sterigenics U.S., LLC. (Walker, Alex)
February 16, 2021 Filing 28 RESPONSE to Motion re #27 MOTION to Clarify Defendant Sterigenics U.S., LLC's Motion for Clarification filed by The State of New Mexico. (Attachments: #1 Exhibit A) (Rael, Marcus)
February 12, 2021 Filing 27 MOTION to Clarify Defendant Sterigenics U.S., LLC's Motion for Clarification by Sterigenics U.S., LLC. (Harrison, Jeremy)
February 8, 2021 Filing 26 REPLY In Further Support of Notice of Completion of Briefing re #25 Response, #24 Notice (Other), filed by The State of New Mexico. (Rael, Marcus)
February 5, 2021 Filing 25 RESPONSE Defendant Sterigenics U.S., LLCs Response to Plaintiffs Notice of Completion of Briefing [Dkt 24] re #24 Notice (Other), filed by Sterigenics U.S., LLC. (Walker, Alex)
February 4, 2021 Filing 24 NOTICE by The State of New Mexico re #1 Notice of Removal, #12 Errata Notice of Completion of Briefing applies to Exhibit D: Emergency Motion in Support of Request for Ex Parte Temporary Restraining Order and Preliminary Injunction in Docket No. 1 Notice of Removal, and Docket 12 Notice of Errata to the Emergency Motion in Support of Request for Ex Parte Temporary Restraining Order and Preliminary Injunction filed at Dkt. 1-4 (Rael, Marcus)
January 25, 2021 Filing 23 NOTICE by The State of New Mexico re 20 Association of Attorney Licensed Outside the District, D.N.M.LR-CIV 83.3 CERTIFICATION (Rael, Marcus)
January 25, 2021 Filing 22 NOTICE by The State of New Mexico re 19 Association of Attorney Licensed Outside the District, D.N.M.LR-CIV 83.3 CERTIFICATION (Rael, Marcus)
January 25, 2021 Filing 21 NOTICE by The State of New Mexico re 18 Association of Attorney Licensed Outside the District, D.N.M LR-Civ. 83.3 Certification (Rael, Marcus)
January 25, 2021 Filing 20 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff The State of New Mexico by Marcus J Rael, Jr on behalf of: Kyle J. McGee GRANT & EISENHOFER P.A. 123 Justison StreetWilmington, DE 19801 (302) 622-7000 Fax (302) 622-7100 kmcgee@gelaw.com (Association Dues - Online Payment) (Rael, Marcus)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 25, 2021 Filing 19 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff The State of New Mexico by Marcus J Rael, Jr on behalf of: Jason H. Wilson GRANT & EISENHOFER P.A. 123 Justison Street123 Justison St Wilmington, DE 19801 (302) 622-7000 Fax (302) 622-7100 jwilson@gelaw.com (Association Dues - Online Payment) (Rael, Marcus)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 25, 2021 Filing 18 ASSOCIATION of Attorney Licensed Outside the District for Plaintiff The State of New Mexico by Marcus J Rael, Jr on behalf of: Viola Vetter GRANT & EISENHOFER P.A. 123 Justison StreetWilmington, DE 19801 (302) 622-7000 Fax (302) 622-7100 vvetter@gelaw.com (Association Dues - Online Payment) (Rael, Marcus)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
January 25, 2021 Association Dues Received: $ 100 receipt number ANMDC-7511175 re: # 18 Association of Attorney Licensed Outside the District, filed by The State of New Mexico (Payment made via Pay.gov)(Rael, Marcus)
January 25, 2021 Association Dues Received: $ 100 receipt number ANMDC-7511211 re: # 20 Association of Attorney Licensed Outside the District, filed by The State of New Mexico (Payment made via Pay.gov)(Rael, Marcus)
January 25, 2021 Association Dues Received: $ 100 receipt number ANMDC-7511199 re: # 19 Association of Attorney Licensed Outside the District, filed by The State of New Mexico (Payment made via Pay.gov)(Rael, Marcus)
January 20, 2021 Filing 17 NOTICE of Briefing Complete by The State of New Mexico re #4 MOTION to Remand to State Court filed by The State of New Mexico (Rael, Marcus)
January 20, 2021 Filing 16 REPLY to Response to Motion re #4 MOTION to Remand to State Court filed by The State of New Mexico. (Rael, Marcus)
January 14, 2021 Filing 15 NOTICE by Sterigenics U.S., LLC re #14 Response to Motion of Corrected Exhibit (Attachments: #1 Exhibit A) (Harrison, Jeremy)
January 13, 2021 Filing 14 RESPONSE to Motion re #4 MOTION to Remand to State Court filed by Sterigenics U.S., LLC. (Attachments: #1 Exhibit A) (Harrison, Jeremy)
January 11, 2021 Filing 13 NOTICE by Sterigenics U.S., LLC Notice of Agreed Extension of Time for Defendants to Move, Plead or Otherwise Respond to Plaintiffs Complaint (Walker, Alex)
January 7, 2021 Filing 12 ERRATA NOTICE OF ERRATA TO EMERGENCY MOTION IN SUPPORT OF REQUEST FOR EX PARTE TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION FILED AT DKT. 1-4 by The State of New Mexico (Attachments: #1 Exhibit A) (Rael, Marcus)
January 5, 2021 Opinion or Order Filing 11 ORDER FINDING GOOD CAUSE TO DELAY ENTRY OF A SCHEDULING ORDER: by Magistrate Judge Kevin R. Sweazea. Considering the pending motion seeking dispositive relief, the Court hereby finds good cause under Fed. R. Civ. P. 16 to delay holding a scheduling conference and entering a scheduling order. The Court will set the case for scheduling once the presiding judge resolves the pending motion. [THIS IS A TEXT-ONLY ENTRY. NO DOCUMENTS ARE ATTACHED.] (atc)
December 31, 2020 Filing 10 NOTICE by Sterigenics U.S., LLC Notice of Certification of Good Standing of Associated Counsel (Daniel Diffley) (Walker, Alex)
December 31, 2020 Filing 9 ASSOCIATION of Attorney Licensed Outside the District for Defendant Sterigenics U.S., LLC by Alex Cameron Walker on behalf of: Daniel F. Diffley Alston & Bird One Atlantic Center, 1201 West Peachtree Street, Suite 4900Atlanta, GA 30309-3424 (404) 881-7000 Fax (404) 881-7777 dan.diffley@alston.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 31, 2020 Filing 8 NOTICE by Sterigenics U.S., LLC Notice of Certification of Good Standing of Associated Counsel (Clay Massey) (Walker, Alex)
December 31, 2020 Filing 7 ASSOCIATION of Attorney Licensed Outside the District for Defendant Sterigenics U.S., LLC by Alex Cameron Walker on behalf of: W. Clay Massey Alston & Bird One Atlantic Center, 1201 West Peachtree Street, Suite 4900Atlanta, GA 30309-3424 (404) 881-7000 Fax (404) 881-7777 clay.massey@alston.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 31, 2020 Filing 6 NOTICE by Sterigenics U.S., LLC Notice of Certification of Good Standing of Associated Counsel (Sara Warren) (Walker, Alex)
December 31, 2020 Filing 5 ASSOCIATION of Attorney Licensed Outside the District for Defendant Sterigenics U.S., LLC by Alex Cameron Walker on behalf of: Sara Warren Alston & Bird One Atlantic Center, 1201 West Peachtree Street, Suite 4900Atlanta, GA 30309-3424 (404) 881-7000 Fax (404) 881-7777 sara.warren@alston.com (Association Dues - Online Payment) (Walker, Alex)[THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.]
December 31, 2020 Association Dues Received: $ 100 receipt number ANMDC-7475452 re: # 5 Association of Attorney Licensed Outside the District, filed by Sterigenics U.S., LLC (Payment made via Pay.gov)(Walker, Alex)
December 31, 2020 Association Dues Received: $ 100 receipt number ANMDC-7475516 re: # 7 Association of Attorney Licensed Outside the District, filed by Sterigenics U.S., LLC (Payment made via Pay.gov)(Walker, Alex)
December 31, 2020 Association Dues Received: $ 100 receipt number ANMDC-7475543 re: # 9 Association of Attorney Licensed Outside the District, filed by Sterigenics U.S., LLC (Payment made via Pay.gov)(Walker, Alex)
December 30, 2020 Filing 4 MOTION to Remand to State Court by The State of New Mexico. (Rael, Marcus)
December 30, 2020 Filing 3 NOTICE of Appearance by Marcus J Rael, Jr on behalf of The State of New Mexico (Rael, Marcus)
December 29, 2020 United States District Judge Kenneth J. Gonzales and United States Magistrate Judge Kevin R. Sweazea assigned. (arp)
December 29, 2020 Office code correction. Case office code has been changed from 1 (Albuquerque) to 2 (Las Cruces). (arp)
December 28, 2020 Filing 2 Corporate Disclosure Statement by Sterigenics U.S., LLC identifying Corporate Parent Sotera Health Holdings, LLC, Corporate Parent Sotera Health LLC for Sterigenics U.S., LLC. (Walker, Alex)
December 28, 2020 Filing 1 NOTICE OF REMOVAL by Sterigenics U.S., LLC from Third Judicial District Court, case number D-307-CV-2020-02629. ( Filing Fee - Online Payment), filed by Sterigenics U.S., LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Civil Cover Sheet)(Walker, Alex)
December 28, 2020 Filing and Administrative Fees Received: $ 402 receipt number ANMDC-7471840 re #1 Notice of Removal, filed by Sterigenics U.S., LLC (Payment made via Pay.gov)(Walker, Alex)

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Plaintiff: The State of New Mexico, ex rel Hector Balderas, Attorney General
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Plaintiff: The State of New Mexico
Represented By: Kyle J McGee
Represented By: Jacqueline Ortiz
Represented By: Cholla Khoury
Represented By: Viola Vetter
Represented By: Jason Wilson
Represented By: Marcus J Rael, Jr
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Defendant: Sotera Health Holdings, LLC
Represented By: Alex Cameron Walker
Represented By: Jeremy K. Harrison
Represented By: Tiffany L Roach Martin
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Defendant: Sotera Health Company
Represented By: Alex Cameron Walker
Represented By: Jeremy K. Harrison
Represented By: Tiffany L Roach Martin
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Defendant: Sterigenics U.S., LLC
Represented By: Alex Cameron Walker
Represented By: Jeremy K. Harrison
Represented By: Tiffany L Roach Martin
Represented By: W Clay Massey
Represented By: Daniel F Diffley
Represented By: Sara Warren
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Defendant: Sotera Health LLC
Represented By: Alex Cameron Walker
Represented By: Jeremy K. Harrison
Represented By: Tiffany L Roach Martin
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