State of North Carolina ex rel. v. The 3M Company, et al
| State of North Carolina and Joshua H. Stein |
| The 3M Company, Tyco Fire Products, LP, Chemguard Inc., Buckeye Fire Equipment Company, Kidde-Fenwal, Inc., National Foam, Inc., E.I. Du Pont De Nemours and Company, THE CHEMOURS COMPANY, Arkema, Inc., AGC Chemicals Americas Inc., Dynax Corporation, Clariant Corporation, DuPont de Nemours, Inc. and ABC Corporations 1 through 10 |
| 5:2021cv00511 |
| December 13, 2021 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Tort Product Liability |
| 28 U.S.C. § 1442 |
| Plaintiff |
Docket Report
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| Remark - Case transferred from North Carolina Eastern has been opened in District of South Carolina as case 2:22-cv-00015, filed 01/04/2022. (Collins, S.) |
| Filing 29 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 John W. Nichols, Clerk of the Panel, on 1/3/22. (Collins, S.) |
| Case transferred to District of South Carolina. File transmitted electronically per instructions of the receiving court. (Collins, S.) |
| Filing 26 Notice of Special Appearance for non-district by Michael A. London on behalf of State of North Carolina. (London, Michael) |
| Filing 28 Document: Text Minute Order. 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 John W. Nichols on 12/29/2021. (Collins, S.) |
| Filing 27 Document: Email of Text Order from John W. Nichols, Clerk of MDL 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.) |
| Filing 25 Notice of Special Appearance for non-district by Tate J. Kunkle on behalf of State of North Carolina. (Kunkle, Tate) |
| Filing 24 Notice of Special Appearance for non-district by Gary J. Douglas on behalf of State of North Carolina. (Douglas, Gary) |
| Filing 23 Notice of Special Appearance for non-district by Rebecca G. Newman on behalf of State of North Carolina. (Newman, Rebecca) |
| Filing 22 Letter from Attorney Keith Bensten advising that him and his colleagues are not admitted to practice in EDNC and do not intend to appear as case will be transferred to MDL. (Attachments: #1 Envelope) (Collins, S.) |
| Filing 21 Notice of Special Appearance for non-district by William J. Jackson on behalf of State of North Carolina. (Jackson, William) |
| Filing 20 Notice of Special Appearance for non-district by David M. Reap on behalf of State of North Carolina. (Reap, David) |
| Filing 19 Notice of Special Appearance for non-district by Lauren H. Shah on behalf of State of North Carolina. (Shah, Lauren) |
| Filing 18 Notice of Special Appearance for non-district by Fabio C. Dworschak on behalf of State of North Carolina. (Dworschak, Fabio) |
| Filing 17 Notice of Special Appearance for non-district by Wesley A. Bowden on behalf of State of North Carolina. (Bowden, Wesley) |
| Filing 16 Notice of Special Appearance for non-district by John D.S. Gilmour on behalf of State of North Carolina. (Gilmour, John) |
| Filing 15 Notice of Special Appearance for non-district by Robert A. Bilott on behalf of State of North Carolina. (Bilott, Robert) |
| Filing 14 Notice of Special Appearance for non-district by David J. Butler on behalf of State of North Carolina. (Butler, David) |
| Filing 13 Notice of Appearance filed by Daniel Stuart Hirschman on behalf of All Plaintiffs. (Hirschman, Daniel) |
| Notice to Counsel regarding: #11 MOTION to Withdraw as Attorney or Notice that Lara Say will Not Appear as Counsel of Record. Pursuant to Local Civil Rule 5.2(e), any attorney shall by motion seek leave of the court to withdraw his or her notice of appearance. However, attorney Lara Say has not filed a notice of appearance in this matter and therefore does not appear on the docket of this case. For this reason, this motion has been terminated as moot. (Collins, S.) |
Filing 12
ORDER granting #9 Motion for Extension of Time to Answer. All Defendants are granted an extension of time for up to 28 days following the Joint Panel on Multidistrict Litigation issuing a decision on whether to transfer this case to the multidistrict litigation. Signed by Peter A. Moore, Jr., Clerk of Court on 12/21/2021. A copy of this Order was sent to Plaintiff's Counsel, Daniel S. Hirschman & Marc Bernstein of NC Department of Justice at PO Box 629, Raleigh, NC 27602; Joel R. Rhine, Martin A. Ramey of Rhine Law Firm, P.C. at Military Cutoff Road, Suite 300, Wilmington, NC 28403; Counsel for Defendant 3M Company, Daniel L. Ring, Tyler D. Alfermann of Mayer Brown LLP at 71 South Wacker Dr., Chicago, IL 60606; Counsel for Defendant Chemicals Americas, Inc. Peter Condron, Clifford J. Zatz & Laura O. Aradi of Crowell & Moring at 1001 Pennsylvania Ave., NW, Washington, D.C. 20004-259; Counsel for defendant Arkema Inc., Heidi Levine of Sidley Austin LLP at One South Dearborn Street, Chicago, IL 60603; Counsel for Defendant Clariant Corp., Melanie B. Dubis & Charles Raynal of Parker Poe Adams & Bernstein LLP at 301 Fayetteville, St., Suite 400, Raleigh, NC 27601; Counsel for Defendant Buckeye Fire Equipment, Michael L. Carpenter of Gray Layton Kersh Solomon Furr Smith P.A. at Post Office Box 2636, Gastonia, NC 28053-2636 Counsel for Defendant Kide-Fenwal, Inc., Jonathan I. Handler & Keith H. Bensten of Day Pitney LLP at One Federal Street, 29th Floor, Boston, MA 02110; Counsel for Defendants Corteva Inc. & DuPont de Nemours, Inc. Kat Hacker of Bartlit Beck LLP at 1801 Wewatta, Suite 1200, Denver, CO 80202; Counsel for Defendants E.I. duPont de Nemours and Company and The Chemours, David R. Erickson & Brent Dwerlkotte of Shook, Hardy & Bacon, LLP at 2555 Grand Blvd., Kansas City, MO 64108; Counsel for Defendant Dynax Corporation, Kirk G. Warner, Clifton L. Brinson & Addie K.S. Ries of Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP at Post Office Box 2611, Raleigh, NC 27602-2611 and Counsel for Defendant National Foam Inc., Keith E. Smith of Greenberg Traurig, LLP at Three Logan Square, 717 Arch Street, Suite 400, Philadelphia, PA 19103 mailed via US Mail on December 21, 2021. (Collins, S.)
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| Filing 11 MOTION to Withdraw as Attorney of Notice that Lara Say will Not Appear as Counsel of Record filed by State of North Carolina. (Attachments: #1 Text of Proposed Order) (Rhine, Joel) |
| Filing 10 Notice of Appearance filed by Marc D. Bernstein on behalf of All Plaintiffs. (Bernstein, Marc) |
| 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.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #9 MOTION for Extension of Time to File Answer regarding #1 Notice of Removal. (Collins, S.) |
| Filing 9 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) |
| Filing 8 Notice of Appearance filed by Ruth Sheehan on behalf of All Plaintiffs. (Sheehan, Ruth) |
| Filing 7 Financial Disclosure Statement by State of North Carolina, Joshua H. Stein (Rhine, Joel) |
| Filing 6 Notice of Appearance filed by Joel R. Rhine on behalf of All Plaintiffs. (Rhine, Joel) |
| Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Daniel S. Hirschman & Marc Bernstein of NC Department of Justice at PO Box 629, Raleigh, NC 27602; Joel R. Rhine, Martin A. Ramey of Rhine Law Firm, P.C. at Military Cutoff Road, Suite 300, Wilmington, NC 28403; Counsel for Defendant 3M Company, Daniel L. Ring, Tyler D. Alfermann of Mayer Brown LLP at 71 South Wacker Dr., Chicago, IL 60606; Counsel for Defendant Chemicals Americas, Inc. Peter Condron, Clifford J. Zatz & Laura O. Aradi of Crowell & Moring at 1001 Pennsylvania Ave., NW, Washington, D.C. 20004-259; Counsel for defendant Arkema Inc., Heidi Levine of Sidley Austin LLP at One South Dearborn Street, Chicago, IL 60603; Counsel for Defendant Clariant Corp., Melanie B. Dubis & Charles Raynal of Parker Poe Adams & Bernstein LLP at 301 Fayetteville, St., Suite 400, Raleigh, NC 27601; Counsel for Defendant Buckeye Fire Equipment, Michael L. Carpenter of Gray Layton Kersh Solomon Furr Smith P.A. at Post Office Box 2636, Gastonia, NC 28053-2636 Counsel for Defendant Kide-Fenwal, Inc., Jonathan I. Handler & Keith H. Bensten of Day Pitney LLP at One Federal Street, 29th Floor, Boston, MA 02110; Counsel for Defendants Corteva Inc. & DuPont de Nemours, Inc. Kat Hacker of Bartlit Beck LLP at 1801 Wewatta, Suite 1200, Denver, CO 80202; Counsel for Defendants E.I. duPont de Nemours and Company and The Chemours, David R. Erickson & Brent Dwerlkotte of Shook, Hardy & Bacon, LLP at 2555 Grand Blvd., Kansas City, MO 64108; Counsel for Defendant Dynax Corporation, Kirk G. Warner, Clifton L. Brinson & Addie K.S. Ries of Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, LLP at Post Office Box 2611, Raleigh, NC 27602-2611 and Counsel for Defendant National Foam Inc., Keith E. Smith of Greenberg Traurig, LLP at Three Logan Square, 717 Arch Street, Suite 400, Philadelphia, PA 19103 mailed via US Mail on December 15, 2021. (Rudd, D.) |
| Notice to Counsel regarding: #1 Notice of Removal. Counsel is directed to refile the state court summons due to the fact that page 2 of every summons has been uploaded upside down (pages 97, 99, 101, 103, 105, 107, 109, 111, 113, 115, 117, 119, 121, 123 & 125). Counsel can use the event "Notice-Other" to refile the state court summons. (Rudd, D.) |
| 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 Wayne County Superior Court, case number 21-CVS-1937. ( Filing fee $ 402 receipt number 0417-6353757), filed by Tyco Fire Products, LP, Chemguard Inc.. (Attachments: #1 Exhibit A- Wayne Co. 21-CVS-1937, #2 Civil Cover Sheet, #3 Civil Cover Sheet Supplemental civil cover sheet) (Blake, Christopher) |
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