MHC Acquisition Fund IV LLC v. AGC Chemicals Americas, INC. et al
| MHC Acquisition Fund IV LLC doing business as Mountain View |
| Dynax Corporation, Chemicals, Inc., Buckeye Fire Equipment Company, Tyco Fire Products LP, Chemdesign Products Inc., BASF Corporation, Chemguard, Inc., Deepwater Chemicals, Inc., Clariant Corporation, Doe Defendants 1-20, Amerex Corporation, AGC Chemicals Americas, INC., Archroma U.S. Inc., Nation Ford Chemical Company and Arkema Inc. |
| 1:2024cv00888 |
| July 17, 2024 |
| US District Court for the Northern District of New York |
| Mae A D'Agostino |
| Daniel J Stewart |
| Tort Product Liability |
| 28 U.S.C. ยง 1442 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 7 JPMDL CONDITIONAL TRANSFER ORDER (CTO-204) TRANSFERRING CASE to District of District of South Carolina for inclusion into MDL No. 2873, In Re: Aqueous Film-Foams Products Liability Litigation. Opposition period has expired with no objections filed. Case assigned to Honorable Richard M. Gergel.(see) |
| Case transferred electronically to District of South Carolina for inclusion into MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation. (see) |
| Case transferred from New York Northern has been opened in District of South Carolina as case 2:24-cv-04341, filed 08/08/2024. (see) |
| Filing 6 NOTICE on behalf of Archroma U.S. Inc., Clariant Corporation re #1 Notice of Removal. Attorneys for these defendants advise the court that this matter is pending transfer to the U.S. District Court for the District of South Carolina. These attorneys have not yet appeared in the case in the Northern District of New York. Note*** Within the same mailing envelope, an exact replica of this letter was sent signed by the second attorney for these defendants, Melanie Black Dubis. (sbb) |
| ***Answer due date updated for AGC Chemicals Americas, INC. answer due 8/7/2024; Amerex Corporation answer due 8/7/2024; Archroma U.S. Inc. answer due 8/7/2024; Arkema Inc. answer due 8/7/2024; BASF Corporation answer due 8/7/2024; Buckeye Fire Equipment Company answer due 8/7/2024; Chemdesign Products Inc. answer due 8/7/2024; Chemguard, Inc. answer due 8/7/2024; Chemicals, Inc. answer due 8/7/2024; Clariant Corporation answer due 8/7/2024; Deepwater Chemicals, Inc. answer due 8/7/2024; Doe Defendants 1-20 answer due 8/7/2024; Dynax Corporation answer due 8/7/2024; Nation Ford Chemical Company answer due 8/7/2024; Tyco Fire Products LP answer due 8/7/2024. (sbb) |
| Filing 5 TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (sbb) |
| Filing 4 NOTICE OF ADMISSION REQUIREMENT as to Andrew Croner, Esq. Admissions due by 8/1/2024. Clerk sent a copy of the Admission Requirement and the General Order 25 via EMAIL TO ALL REFERENCED ATTORNEYS BELOW TO THE EMAIL ADDRESSES PROVIDED ON THE PROOF OF SERVICE IN #1 . (Attachments: #1 Notice of Admission Requirement as to Clifford J. Zatz, #2 Notice of Admission Requirement as to Jennifer Simon and Alan Truitt, #3 Notice of Admission Requirement as to Heidi Levine, #4 Notice of Admission Requirement as to Melanie Black Dubis and Charles Raynal, #5 Notice of Admission Requirement as to Matt Holian, #6 Notice of Admission Requirement as to John Wellschlager, #7 Notice of Admission Requirement as to Michael L. Carpenter, #8 Notice of Admission Requirement as to Jonathan Blakley, #9 Notice of Admission Requirement as to John Parker and Oliver Twaddell, #10 Notice of Admission Requirement as to Kurt D. Weaver, #11 Notice of Admission Requirement as to Kirk G. Warner, Clifton L. Brinson and Addie K.S. Ries, #12 Notice of Admission Requirement as to Ethan R. Ware)(sbb) |
| Filing 3 G.O. 25 FILING ORDER ISSUED: Initial Rule 16 Conference set for 9/3/2024 at 10:30 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/27/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sbb) |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Notice of Removal, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in the Pleading, pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 7/22/2024 (sbb) |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal, filed by Plaintiff(s) in New York Supreme Court, Rensselaer County. (sbb) |
| Filing 1 NOTICE OF REMOVAL from New York Supreme Court, Rensselaer County, case number EF2024-276415 (Filing fee $405 receipt number ANYNDC-6802528) filed by Chemguard, Inc., Tyco Fire Products LP. (Attachments: #1 Exhibit A - State Court Summons and Complaint, #2 Civil Cover Sheet, #3 Proof of Service)(sbb) |
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