Neuse Regional Water and Sewer Authority v. 3M Company et al
| Neuse Regional Water and Sewer Authority |
| 3M Company, AGC Chemical Americas, Inc., AGC Inc., Archroma Management LLC, Archroma US, Inc., Arkema Inc., BASF Corporation, Buckeye Fire Protection Co., Carrier Global Corporation, Chemdesign Products Inc., Chemguard Inc., Chemicals Inc., Chubb Fire, Ltd., Clariant Corp., Corteva, Inc., Deepwater Chemicals, Inc., Doe Defendants, John 1-49, DuPont de Nemours, Inc., Dynax Corporation, E.I. DuPont De Nemours and Company, Kidde PLC Inc., National Foam, Inc., Nation Ford Chemical Company, Raytheon Technologies Corporation, The Ansul Company, THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, Tyco Fire Products, LP and UTC Fire & Security Americas Corporation |
| 4:2023cv00114 |
| July 11, 2023 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Tort Product Liability |
| 28 U.S.C. § 1441 Notice of Removal- Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 3, 2023. A more recent docket listing may be available from PACER.
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| Remark - Case transferred from North Carolina Eastern has been opened in District of South Carolina as case 2:23-cv-03739, filed 08/01/2023. A copy of the docket sheet and CTO was sent via US mail to counsel for plaintiff. (Collins, S) |
| Filing 13 CONDITIONAL TRANSFER ORDER - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the District of South Carolina for the reasons stated in the order of December 7, 2018, and, with the consent of that court, assigned to the Honorable Richard M. Gergel. Signed by Tiffaney D. Pete, Clerk of the Panel, on 8/1/2023. (Collins, S) |
| Filing 12 Document: As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer. The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the D. South Carolina for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred. Signed by Clerk of the Panel Tiffaney D. Pete on 8/1/2023. (Collins, S) |
| Filing 11 Document: Email of Text Order from Tiffaney D. Pete, Clerk of the Panel regarding MDL 2873 advising our court of the conditional transfer order filed by the Panel and inasmuch as no objection is pending at this time, the stay is lifted. (Collins, S) |
| Case transferred to District of South Carolina. File transmitted electronically. (Collins, S) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S) |
| Filing 10 Notice filed by Chemguard Inc., Tyco Fire Products, LP regarding #1 Notice of Removal, (Exhibit A - Filings, Lenoir Co. Superior Court Case No. 23-CVS-431and Civil Cover Sheet). (Attachments: #1 Civil Cover Sheet) (Blake, Christopher) Modified on 7/28/2023 (Collins, S). |
| Filing 9 Notice to Counsel Regarding Removal of Case to Eastern District of North Carolina regarding #1 Notice of Removal - A copy of this notice was sent via US mail to plaintiff's counsel of record, Charles Ellis of Ward & Smith, PA at P O Box 8088, Greenville, NC 27835 and Scott Summy of Baron & Budd, PA, 3102 Oak Law Avenue, Suite 1100, Dallas, Texas 75219-4281. (Collins, S) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal. Counsel is directed to refile because the attachments/exhibits (pages 22-62) should be filed asseparate pdfs attached to the main document. See Section V.E.1(d) of the CM/ECF Policies and Procedures Manual. (Collins, S) |
Filing 8
ORDER granting #7 Motion for Extension of Time to Answer regarding #7 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. FOR GOOD CAUSE shown it is ORDERED that the Consent Motion to Extend Time to Answer or Otherwise Respond to Complaint is hereby GRANTED, and that if this action is transferred to the In re Aqueous Film-Forming Foam Products multidistrict litigation (AFFF MDL), then the deadlines for all Defendants to move, answer, or otherwise respond to the Complaint shall be in accordance with the established rules and procedures in the AFFF MDL. Should the Judicial Panel on the Multidistrict Litigation (JPML) decline to transfer this action to the AFFF MDL, Defendants shall have through and including the 28th day after such disposition by the JPML to answer, move, or otherwise respond to the Complaint. Signed by Peter A. Moore, Jr., Clerk of Court on 7/18/2023. (Carter, Alexus) Modified on 7/26/2023 to advise that a copy of this order was sent via US mail to plaintiff's counsel of record, Charles Ellis of Ward & Smith, PA at P O Box 8088, Greenville, NC 27835 and Scott Summy of Baron & Budd, PA, 3102 Oak Law Avenue, Suite 1100, Dallas, Texas 75219-4281 (Collins, S).
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| Filing 7 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal, filed by Chemguard Inc., Tyco Fire Products, LP. (Attachments: #1 Text of Proposed Order) (Blake, Christopher) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 MOTION for Extension of Time to File Answer. (Carter, Alexus) |
| Filing 6 TEXT ORDER REASSIGNING CASE. At the direction of the Court, this Case is reassigned to District Judge Louise Wood Flanagan for all further proceedings. District Judge James C. Dever, III is no longer assigned to case All future filings shall reflect the revised case number of 4:23-CV-114-FL.. Signed by Peter A. Moore, Jr., Clerk of Court on 7/11/2023. (Moore, P.) |
| Filing 5 Notice filed by Chemguard Inc., Tyco Fire Products, LP regarding #1 Notice of Removal, (Supplemental Removal Cover Sheet). (Blake, Christopher) |
| Filing 4 Financial Disclosure Statement by Tyco Fire Products, LP identifying Corporate Parent Johnson Control International plc for Tyco Fire Products, LP. (Blake, Christopher) |
| Filing 3 Financial Disclosure Statement by Chemguard Inc. identifying Corporate Parent Johnson Control International plc for Chemguard Inc.. (Blake, Christopher) |
| Filing 2 Notice of Appearance filed by Christopher J. Blake on behalf of Chemguard Inc., Tyco Fire Products, LP. (Blake, Christopher) |
| Filing 1 NOTICE OF REMOVAL by Tyco Fire Products, LP, Chemguard Inc. from Lenoir Co. Superior Court, case number 23-CVS-431. ( Filing fee $ 402 receipt number ANCEDC-7175486), filed by Tyco Fire Products, LP, Chemguard Inc.. (Blake, Christopher) |
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