State of New York v. 3M Company et al
Plaintiff: State of New York
Defendant: Buckeye Fire Equipment Company, National Foam, Inc., Chemguard, Inc., Tyco Fire Products LP and 3M Company
Case Number: 1:2019cv00707
Filed: June 14, 2019
Court: US District Court for the Northern District of New York
Presiding Judge: Christian F Hummel
Referring Judge: Frederick J Scullin
Nature of Suit: Tort Product Liability
Cause of Action: 28:1442
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 5, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2019 Case transferred from New York Northern has been opened in District of South Carolina as case 2:19-cv-02123, filed 08/05/2019. (plp)
July 29, 2019 Filing 19 JPMDL Order Lifting Stay of Conditional Transfer Order. Opposition which was filed by Plaintiff has been withdrawn. The stay on Conditional Transfer Order CTO#13 filed on 6/18/2019 has been lifted as to this action. The case is transferred to District of South Carolina for inclusion into MDL-2873 Aqueous Film-Forming Foams Products Liability Litigation. Case to be assigned to the Hon. Richard M. Gergel, U.S. District Judge. (plp)
July 24, 2019 Filing 18 COURT NOTICE re 8 Order setting the Initial Conference to 9/17/2019. Parties are advised that with the Stay in place on this case [Order, Dkt. No. 17], the Initial conference scheduled for 9/17/2019 @ 9:30am is adjourned without date. (tab)
July 23, 2019 Opinion or Order Filing 17 TEXT ORDER: Defendants Chemguard, Inc. and Tyco Fire Products LP filed a letter motion seeking a stay of all proceedings and deadlines following a decision on the issue of transfer by the Judicial Panel on Multidistrict Litigation (JPML). Dkt. No. 12. At a telephone conference on July 23, 2019, all parties present consented to the stay. Accordingly, the letter request, dkt. no. 12, is GRANTED, and all deadlines in this matter, including discovery, are STAYED pending a decision by the JPML. SO ORDERED. Authorized by Magistrate Judge Christian F. Hummel on 7/23/19.
July 16, 2019 Filing 16 NOTICE of Telephonic Conference: A Telephone Conference has been set for Tuesday, 7/23/2019 @ 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Parties are directed to dial in at 1-888-684-8852, enter access code 9772719# and security code 1234# to join the call.(tab)
July 16, 2019 Filing 15 NOTICE of Appearance by Joseph G. Petrosinelli on behalf of Chemguard, Inc., Tyco Fire Products LP (Petrosinelli, Joseph)
July 12, 2019 Filing 14 Letter Motion from Douglas E. Fleming for Chemguard, Inc., Tyco Fire Products LP requesting the opportunity to file a full brief under the ordinary procedures if briefing on the issue is to occur submitted to Judge Christian F. Hummel . (Fleming, Douglas)
July 12, 2019 Filing 13 LETTER BRIEF in Opposition to Letter Request for a Stay, and in Support of Remand by State of New York. (Attachments: #1 Notice of Removal)(Bein, Philip)
July 9, 2019 Filing 12 Letter Motion from Douglas E. Fleming III for Chemguard, Inc., Tyco Fire Products LP requesting stay of proceedings submitted to Judge Christian F. Hummel . (Fleming, Douglas)
July 2, 2019 Filing 11 Letter Motion from Philip Bein for State of New York requesting conference concerning motion to remand action back to State Court submitted to Judge Christian F. Hummel . (Bein, Philip)
June 26, 2019 Filing 10 NOTICE of Appearance by Ellen Nunno Corbo on behalf of Buckeye Fire Equipment Company (Corbo, Ellen)
June 20, 2019 Filing 9 Letter from Ellen Nunno Corbo, Esq. regarding Dkt. No. #4 Notice of Admission Requirement stating that she will remain as counsel of record for Defendant, Buckeye Fire Equipment Company and that she is applying for permanent admission. (hmr)
June 19, 2019 Opinion or Order Filing 8 TEXT ORDER granting #7 Letter Request to adopt and approve the stipulation to extend answer deadline. 3M Company answer due 8/15/2019; Buckeye Fire Equipment Company answer due 8/15/2019; Chemguard, Inc. answer due 8/15/2019; National Foam, Inc. answer due 8/15/2019; Tyco Fire Products LP answer due 8/15/2019. The Initial Conference has also been reset. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 9/10/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The Initial Conference is reset for 9/17/2019 @ 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Authorized by Magistrate Judge Christian F. Hummel on 6/19/2019. (tab)
June 18, 2019 Filing 7 Letter Motion from Andrew J. Calica for 3M Company requesting Extension of Defendants' Time to Respond to the Complaint submitted to Judge Frederick J. Scullin, Jr. . (Attachments: #1 Exhibit(s) Stipulation)(Calica, Andrew)
June 18, 2019 Filing 6 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by 3M Company. (Calica, Andrew)
June 18, 2019 Filing 5 NOTICE of Appearance by Andrew Calica on behalf of 3M Company (Calica, Andrew)
June 17, 2019 ***Answer due date updated for 3M Company answer due 6/21/2019; Buckeye Fire Equipment Company answer due 6/21/2019; Chemguard, Inc. answer due 6/21/2019; National Foam, Inc. answer due 6/21/2019; Tyco Fire Products LP answer due 6/21/2019. (dpk)
June 14, 2019 Filing 4 NOTICE of Admission Requirement as to Party Buckeye Fire Equipment Company; Attorney Ellen Nunno Corbo, Esq. admission due by 6/28/2019. [Copy of this notice emailed to Ellen Nunno Corbo, Esq. on 6/14/2019] (dpk)
June 14, 2019 Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/29/2019 at 9:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/22/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (dpk)
June 14, 2019 Filing 2 State Court Records filed by 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc. and Tyco Fire Products LP. (dpk)
June 14, 2019 Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Albany, case number 900810-19 (Filing fee $400 receipt number ANYNDC-4770960) filed by Tyco Fire Products LP, 3M Company, Chemguard, Inc., National Foam, Inc. and Buckeye Fire Equipment Company. (Attachments: #1 Exhibit A (Summons and Complaint from State Court), #2 Exhibit B (Consent to Removal by 3M Company), #3 Exhibit C (Consent to Removal by Buckeye Fire Equipment Company), #4 Exhibit D (Consent to Removal by National Foam, Inc.), #5 Exhibit E (Performance Specification), #6 Civil Cover Sheet) (dpk)

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Defendant: Buckeye Fire Equipment Company
Represented By: Ellen Nunno Corbo
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Defendant: National Foam, Inc.
Represented By: Keith E. Smith
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Defendant: Chemguard, Inc.
Represented By: Douglas E. Fleming
Represented By: Joseph G. Petrosinelli
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Defendant: Tyco Fire Products LP
Represented By: Douglas E. Fleming
Represented By: Joseph G. Petrosinelli
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Defendant: 3M Company
Represented By: Andrew Calica
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Plaintiff: State of New York
Represented By: Brendan S. McGrath
Represented By: Philip M. Bein
Represented By: Matthew J. Sinkman
Represented By: Lisa M. Burianek
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