Ausborn v. 3M Company et al
| John Philip Ausborn |
| 3M Company, AGC Inc., AGC Chemical Americas, Inc., Archroma U.S., Inc., Arkema, Inc., BASF Corporation, Buckeye Fire Equipment Company, Carrier Global Corporation, Chemdesign Products Inc., Chemguard, Inc., Chemicals Inc., THE CHEMOURS COMPANY, THE CHEMOURS COMPANY FC, LLC, Chubb Fire, Ltd., Clariant Corporation, Corteva, Inc., Deepwater Chemicals, Inc., DuPont de Nemours, Inc., Dynax Corporation, E.I. DuPont de Nemours and Company, Kidde PLC Inc., Kidde-Fenwal, Inc., National Foam, Inc., Nation Ford Chemical Company, Raytheon Technologies Corporation, Tyco Fire Products, LP and UTC Fire & Security Americas Corporation |
| 5:2023cv00122 |
| March 13, 2023 |
| US District Court for the Eastern District of North Carolina |
| Louise Wood Flanagan |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1442 Notice of Removal |
| Plaintiff |
Docket Report
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| Remark - DETAILS: Case transferred from North Carolina Eastern has been opened in District of South Carolina as case 2:23-cv-01354, filed 04/05/2023. (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 John W. Nichols, Clerk of the Panel, on 4/3/2023. (Collins, S.) |
| Case transferred to District of South Carolina. File transmitted electronically. (Collins, S.) |
| Filing 12 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 4/3/2023. (Collins, S.) |
| Filing 11 Document: Email of Text Order from John W. Nichols, Clerk of MDL Panel regarding MDL No 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 10 Financial Disclosure Statement by John Philip Ausborn (Evans, Lynwood) |
| Filing 9 Notice of Appearance filed by Lynwood P. Evans on behalf of All Plaintiffs. (Evans, Lynwood) |
Filing 8
ORDER granting #7 Motion for Extension of Time to Answer regarding #7 Consent MOTION for Extension of Time to File Answer for All Defendants. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 3/23/2023. A copy of this Order was sent via US mail to Plaintiff's Counsel, Lynwood P. Evans of Ward and Smith, P.A. at 120 West Fire Tower Rd., Winterville, NC 29590; J. Harold Seagle of Seagle Law, PLLC at P. O. Box 15307, Asheville, NC 28813; Scott Summy, Carla B. Pickrel & Jason Julius of Baron & Budd, P.C. at 3102 Oak Lan Avenue, Suite 100, Dallas, TX 75219-428 and Philip F. Cossich, Jr. & Louise R. Caro of Cossich, Sumich, Parsiola & Taylor, LLC at 8397 Highway 23, Suite 100, Bell Chasse, LA 70037 (Collins, S.)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #7 Consent MOTION for Extension of Time to File Answer. (Collins, S.) |
| Motion No Longer Referred: #7 Consent MOTION for Extension of Time to File Answer. (Collins, S.) |
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding #7 Consent MOTION for Extension of Time to File Answer. (Collins, S.) |
| Filing 7 Consent MOTION for Extension of Time to File Answer filed by Chemguard, Inc., Tyco Fire Products, LP. (Attachments: #1 Text of Proposed Order) (Blake, Christopher) |
| 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 6 Notice filed by Chemguard, Inc., Tyco Fire Products, LP regarding #1 Notice of Removal, (Supplemental Removal Cover Sheet). (Blake, Christopher) |
| Filing 5 Notice regarding #1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Lynwood P. Evans of Ward and Smith, P.A. at 120 West Fire Tower Rd., Winterville, NC 29590; J. Harold Seagle of Seagle Law, PLLC at P. O. Box 15307, Asheville, NC 28813; Scott Summy, Carla B. Pickrel & Jason Julius of Baron & Budd, P.C. at 3102 Oak Lan Avenue, Suite 100, Dallas, TX 75219-428 and Philip F. Cossich, Jr. & Louise R. Caro of Cossich, Sumich, Parsiola & Taylor, LLC at 8397 Highway 23, Suite 100, Bell Chasse, LA 70037 mailed via US Mail on March 14, 2023. (Rudd, D.) |
| NOTICE OF DEFICIENCY regarding #1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (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 Chemguard, Inc., Tyco Fire Products, LP from Vance County Superior Court, case number 23-cvs-124. ( Filing fee $ 402 receipt number ANCEDC-6986189), filed by Chemguard, Inc., Tyco Fire Products, LP. (Attachments: #1 Exhibit A-Vance County summons and complaint, #2 Civil Cover Sheet) (Blake, Christopher) |
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