Shipman v. The 3M Company et al
| Kim Ellen Shipman |
| Buckeye Fire Protection Company, Chemguard, Angus Fire, The Ansul Company, The 3M Company, Town of East Hampton, New York and National Foam |
| 2:2018cv03340 |
| December 11, 2018 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 2, 2019. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 55 CASE MANAGEMENT ORDER NO. 1. This Order Relates to All Actions. Please see Order for all Details regarding Pretrial Consolidation, Filing, Counsel, Initial Status Conference, and Other Matters. An initial status conference will be held in this matter on February 25, 2019 at 10 A.M. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/2/2019. Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
| Filing 54 MDL MEMBER CASE OPENED: New York Eastern, 2:18-cv-02496, Shipman v. The 3M Company et al, as DSC case 2:18-cv-03340-RMG (sshe, ) |
| Filing 53 NOTICE TO ALL COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) has been opened as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. Counsel will be notified re Case Management Orders and other documents posted in the lead case. See Docket for further entries. (sshe, ) |
| Filing 52 Case transferred in from District of New York Eastern; Case Number 2:18-cv-02496. Original file certified copy of transfer order and docket sheet received. |
| Filing 51 JPMDL Conditional Transfer Order IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION. IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the District of South Carolina and, with the consent of that court, assigned to the Honorable Richard M. Gergel for coordinated or consolidated pretrial proceedings; and IT IS FURTHER ORDERED that transfer of the actions listed on Schedule B is denied. Signed by Lewis A. Kaplan, Acting Chair JPMDL. (Ortiz, Grisel) [Transferred from New York Eastern on 12/13/2018.] |
| Case transferred to District of South Carolina. Original file, certified copy of transfer order, and docket sheet sent electronically. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Ortiz, Grisel) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 50 JPMDL Conditional Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the District of South Carolina and, with the consent of that court, assigned to the Honorable Richard M. Gergel for coordinated or consolidated pretrial proceedings. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the District of South Carolina. (Florio, Lisa) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 49 NOTICE by Town of East Hampton, New York Withdrawal of Appearance (Sklar, Theodore) [Transferred from New York Eastern on 12/13/2018.] |
Filing 48
ORDER granting #41 Motion to Stay; The Moving Defendants are directed to file a status report within seven days of the Judicial Panel on Multidistrict Litigation's resolution of the Motion for Transfer. So Ordered by Judge Joanna Seybert on 10/15/2018. C/ECF (Valle, Christine) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 47 NOTICE of Consent to Change Attorney by Nicholas Charles Rigano on behalf of the Town of East Hampton (Attachments: #1 Affidavit in Support) (Rigano, Nicholas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 46 RESPONSE in Opposition re #41 Notice of MOTION to Stay All Proceedings Until after a Decision by the Judicial Panel on Multidistrict Litigation on Pending Motions for Transfer filed by Kim Ellen Shipman. (Osborn, Daniel) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 45 NOTICE of Appearance RE: MDL No.: 2873 IN RE: Aqueous Film-Forming Foams (AFFF). (Ortiz, Grisel) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 44 Letter from Jed W. Glickstein dated 9/27/2018 enclosing a second motion for transfer of actions pending before the Judicial Panel on Mutidistrict Litigation. (Florio, Lisa) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 43 Letter From Megan E. Stride dated 9/26/2018 enclosing a motion for transfer of actions pending before the Judicial Panel on Mutidistrict Litigation. (Florio, Lisa) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 42 NOTICE of mailing received from the Law Offices of Williams & Connolly LLP enclosing a motion for transfer of actions pending before the Judicial Panel on Mutidistrict Litigation. (Florio, Lisa) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 41 Notice of MOTION to Stay All Proceedings Until after a Decision by the Judicial Panel on Multidistrict Litigation on Pending Motions for Transfer by Chemguard, The Ansul Company. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 40 Letter Re Discovery Schedule by The 3M Company (Attachments: #1 Proposed Discovery Schedule) (Calica, Andrew) [Transferred from New York Eastern on 12/13/2018.] |
|
SCHEDULING ORDER re #39 Case Management Statement: As it appear the parties are unable to agree on a tiered discovery schedule, discovery in this action shall not proceed in tiers. Rather, all discovery will go forward in its entirety. Accordingly, counsel for the parties are directed to confer, and to submit for Court approval by September 26, 2018, a proposed discovery schedule containing the following dates: (1) completion of all fact discovery; (2) completion of all expert discovery; (3) commencement of dispositive motion practice; and (4) the filing of a joint pre-trial order. Defendant Suffolk County's request for a stay of discovery is DENIED. The parties are encouraged to work cooperatively to avoid duplicative discovery and the wasting of any resources. So Ordered by Magistrate Judge Anne Y. Shields on 9/12/2018. (Minerva, Deanna) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 39 CASE MANAGEMENT STATEMENT and Proposed Tiered Discovery Plan (Attachments: #1 Proposed Order, #2 Appendix A) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
|
ELECTRONIC ORDER granting #38 Motion for Extension of Time to File. Upon counsels' request, the deadline to submit the joint proposed discovery plan for this Court's review is EXTENDED to August 23, 2018. So Ordered by Magistrate Judge Anne Y. Shields on 8/14/2018. (Demosthenous, Dina) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 38 Letter MOTION for Extension of Time to File Joint Proposed Discovery Schedule by Chemguard, The Ansul Company. (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
|
Filing 37
Minute Order for proceedings held before Magistrate Judge Anne Y. Shields:Initial Conference Hearing held on 7/30/2018. See Minute Order for details. So Ordered by Magistrate Judge Anne Y. Shields. (FTR Log #3:22-3:44.) (Torres, Jasmine) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 36 Minute Entry for proceedings held before Judge Joanna Seybert:Status Conference held on 7/30/2018. Two consolidated motions to dismiss, one against water district plaintiffs and one against individual plaintiffs, to be filed. Page limits are 35 for motions, 35 for responses, and 15 for replies. Motions to be filed by 8/13/2018; responses by 9/14/2018; replies by 9/28/2018. (Court Reporter PL) (Baran, Charles) [Transferred from New York Eastern on 12/13/2018.] |
|
ELECTRONIC ORDER terminating #25 Motion to Dismiss; terminating #27 Motion to Dismiss for Failure to State a Claim; terminating #28 Motion to Dismiss; terminating #29 Motion to Dismiss. Because Green (17-CV-2566), Singer (17-CV-6962), Suffolk County Water Authority (17-CV-6982), Ayo (18-CV-0373), Hampton Bays Water District (18-CV-1996), Shipman (18-CV-2496), and Py (18-CV-3225) involve substantially similar factual allegations and legal issues, in the interest of efficiency, the Court will resolve the anticipated motions to dismiss in these cases on a consolidated basis. Accordingly, the requests for pre-motion conferences in Py and Singer are DENIED and the motions to dismiss in Suffolk County Water Authority and Shipman are TERMINATED pending resolution of the motions to remand in Singer, Ayo, and Shipman. Upon resolving the motions to remand, the Court will set a single briefing schedule for all motions to dismiss in each of the remaining actions. The parties will not be required to resubmit pre-motion conference requests. Ordered by Judge Joanna Seybert on 7/30/2018. (Torreblanca, David) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 35 CASE MANAGEMENT STATEMENT (Joint Conference Statement) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| NOTICE of Hearing: Status Conference set for Mon. 7/30/2018 at 2:00pm in Courtroom 1030 before Judge Joanna Seybert. (Baran, Charles) [Transferred from New York Eastern on 12/13/2018.] |
|
ORDER granting #34 Motion for Leave to Appear Pro Hac Vice: Ellen Nunno Corbo is permitted to argue or try this case, in whole or in part, as counsel for Defendant Buckeye Fire Protection Company. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. So Ordered by Magistrate Judge Anne Y. Shields on 7/2/2018. (Minerva, Deanna) [Transferred from New York Eastern on 12/13/2018.]
|
|
ORDER granting #33 Motion for Extension of Time to File Response by 8/1/2018. Reply is due 8/22/2018. Ordered by Judge Joanna Seybert on 7/2/2018. (Baran, Charles) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 34 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10550419. by Buckeye Fire Protection Company. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Proposed Order) (Nunno Corbo, Ellen) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 33 MOTION for Extension of Time to File by Kim Ellen Shipman. (Osborn, Daniel) [Transferred from New York Eastern on 12/13/2018.] |
|
ORDER REASSIGNING CASE. Case reassigned to Judge Joanna Seybert and Magistrate Judge Anne Y. Shields for all further proceedings. Judge Arthur D. Spatt, Magistrate Judge A. Kathleen Tomlinson no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 6/27/2018. (Bowens, Priscilla) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 32 REPLY in Support re #16 MOTION to Remand to State Court filed by Kim Ellen Shipman. (Attachments: #1 Exhibit A-Newsday Article, #2 Exhibit B-Water Test Results) (Osborn, Daniel) [Transferred from New York Eastern on 12/13/2018.] |
|
Filing 31
ORDER granting #23 motion by certain Defendants for an extension of time. Any motion to dismiss the Cross-claim shall be filed on or before June 18, 2018. Any Defendant that answers the Cross-claim shall do so on the same date as that Defendant answers the Complaint. IT IS SO ORDERED by Judge Arthur D. Spatt on 6/18/18. (Coleman, Laurie) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 30 Letter Request for Oral Argument in support of Manufacturer Defendants' Joint Motion to Dismiss the Complaint by Chemguard, The Ansul Company (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 29 MOTION to Dismiss Defendant Town of East Hampton's Cross-Claim by Chemguard, The Ansul Company. (Attachments: #1 Proposed Order) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 28 Notice of MOTION to Dismiss the Complaint by Chemguard, The Ansul Company. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Exhibit A, #4 Exhibit B, #5 Proposed Order) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 27 Motion to Dismiss for Failure to State a Claim and for Lack of Personal Jurisdiction by Buckeye Fire Protection Company. (Attachments: #1 Memorandum in Support) (Nunno Corbo, Ellen) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 26 MEMORANDUM in Support re #25 MOTION to Dismiss Defendant Town of East Hampton's Cross-Claim filed by The 3M Company. (Calica, Andrew) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 25 MOTION to Dismiss Defendant Town of East Hampton's Cross-Claim by The 3M Company. (Calica, Andrew) [Transferred from New York Eastern on 12/13/2018.] |
| ***Staff Notes: Attorney Andrew J. Calica has been checked for disciplinary actions in CT, NJ, NY and EDNY; there are no disciplinary actions as of 6/15/2018; counsel is admitted to practice in this court. (Coleman, Laurie) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 24 NOTICE of Appearance by Andrew J. Calica on behalf of The 3M Company (aty to be noticed) (Calica, Andrew) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 23 Consent MOTION for Extension of Time to File Response/Reply as to Cross-Claim by Chemguard, The Ansul Company. (Attachments: #1 Proposed Order) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 22 RESPONSE in Opposition re #16 MOTION to Remand to State Court filed by Buckeye Fire Protection Company, Chemguard, National Foam, The 3M Company, The Ansul Company. (Attachments: #1 Declaration of Keith E. Smith ISO Defendants' Opposition to Plaintiff's Motion to Remand, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z) (Smith, Keith) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 21 NOTICE of Change of Address/Firm/Email by David S. Weinraub (Weinraub, David) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 20 NOTICE of Change of Address/Firm/Email by Douglas E. Fleming (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 19 Notice of Related Case indicated on the civil cover sheet in case number 18cv3225. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 18 Consent MOTION to Amend/Correct/Supplement #9 Order on Motion for Extension of Time to Answer, by Chemguard, The Ansul Company. (Attachments: #1 Proposed Order) (Weinraub, David) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 17 Notice of Related Case indicated on the civil cover sheet in case number 18cv3230. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| ***Staff Notes: Attorney Theodore D. Sklar has been checked for disciplinary actions in CT, NJ, NY and EDNY; there are no disciplinary actions as of 5/30/2018; counsel is admitted to practice in this court. (Coleman, Laurie) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 16 MOTION to Remand to State Court by Kim Ellen Shipman. (Attachments: #1 Memorandum in Support, #2 Exhibit A- Water Test Results) (Osborn, Daniel) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 15 ANSWER to Complaint , CROSSCLAIM against All Defendants by Town of East Hampton, New York. (Attachments: #1 Exhibit Exhibit A, #2 Affidavit of Service) (Sklar, Theodore) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 14 NOTICE of Appearance by Theodore D. Sklar on behalf of Town of East Hampton, New York (aty to be noticed) (Sklar, Theodore) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 13 Letter in Opposition to Defendants' Application Regarding Related Case Determination by Kim Ellen Shipman (Osborn, Daniel) [Transferred from New York Eastern on 12/13/2018.] |
| ***Staff Notes: Attorney Jordan David Sagalowsky has been checked for disciplinary actions in CT, NJ, NY and EDNY; there are no disciplinary actions as of 5/14/18; counsel is admitted to practice in this court. (Coleman, Laurie) [Transferred from New York Eastern on 12/13/2018.] |
| ***Staff Notes: Attorney Douglas E. Fleming has been checked for disciplinary actions in CT, NJ, NY and EDNY; there are no disciplinary actions as of 5/14/18; counsel is admitted to practice in this court. (Coleman, Laurie) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 11 Letter regarding Related Case Determination by Chemguard, The Ansul Company (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 12 STATE COURT RECORD Received from the Suffolk County Clerk's Office - Copy of Clerk's Minutes for E-filed Supreme Court case, Index #605271/18, along with a copy of the Notice of Removal. (Tirado, Chelsea) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 10 NOTICE of Appearance by Ellen Nunno Corbo on behalf of Buckeye Fire Protection Company (aty to be noticed) (Nunno Corbo, Ellen) [Transferred from New York Eastern on 12/13/2018.] |
|
Filing 9
ORDER granting #8 Motion for Extension of Time to Answer: Buckeye Fire Protection Company answer due 6/18/2018; Chemguard answer due 6/18/2018; National Foam answer due 6/18/2018; The 3M Company answer due 6/18/2018. Ordered by Judge Arthur D. Spatt on 5/3/2018. (Ortiz, Grisel) [Transferred from New York Eastern on 12/13/2018.]
|
| Filing 8 Consent MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Complaint by Chemguard, The Ansul Company. (Attachments: #1 Proposed Order) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 7 NOTICE of Appearance by Douglas E. Fleming on behalf of Chemguard, The Ansul Company (aty to be noticed) (Fleming, Douglas) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 6 NOTICE of Appearance by Jordan David Sagalowsky on behalf of The 3M Company (aty to be noticed) (Sagalowsky, Jordan) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal, by National Foam (Smith, Keith) [Transferred from New York Eastern on 12/13/2018.] |
| ***Staff notes; Attorney Daniel Osborn has been checked for disciplinary actions in CT, NJ, NY and EDNY; there are no disciplinary actions as of 4/30/2018; counsel is admitted to practice in this court. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| Case Assigned to Judge Arthur D. Spatt and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 2 Civil Cover Sheet.. Re #1 Notice of Removal, by National Foam (Smith, Keith) [Transferred from New York Eastern on 12/13/2018.] |
| Filing 1 NOTICE OF REMOVAL by National Foam from Supreme Court of the State of New York - County of Suffolk, case number 605271/2018. (Filing fee $400 receipt number 0207-10389307) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (Smith, Keith) Modified on 4/30/2018 (Rodin, Deanna). [Transferred from New York Eastern on 12/13/2018.] |
| A completed Civil Cover Sheet was not filed - specifically page 2 of the document; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet (form is on the court's website) using the event Proposed Summons/Civil Cover Sheet. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| A completed Civil Cover Sheet was not filed - specifically page 2 of the document containing the NY-E Division of Business Rule 50.1(d)(2); the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet (current form is on the court's website) using the event Proposed Summons/Civil Cover Sheet. Please note the instruction page is not page 2. (Rodin, Deanna) [Transferred from New York Eastern on 12/13/2018.] |
| ***Staff notes: Attorney Keith Edward Smith is admitted to this District and has no disciplinary actions in NY, NJ & CT as of 4/27/18. (Herrera, Isaiah) [Transferred from New York Eastern on 12/13/2018.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the South Carolina District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
