City of Westfield, Massachusetts v. 3M Company et al
| City of Westfield, Massachusetts |
| John Doe Defendants 1-49, Chemguard Inc, 3M Company, Tyco Fire Products LP and Minnesota Mining and Manufacturing, Co. |
| 2:2018cv03435 |
| December 13, 2018 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Tort Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 48 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 47 MDL MEMBER CASE OPENED: Massachusetts, 3:18-cv-30027, City of Westfield, Massachusetts v. 3M Company et al, as DSC case 2:18-cv-3435-RMG. 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. (cpeg, ) |
| Filing 46 Case transferred in from District of Massachusetts; Case Number 3:18-cv-30027. Original file certified copy of transfer order and docket sheet received. |
| Filing 45 Case Electronically transferred to the District of South Carolina pursuant to Conditional Transfer Order entered by the MDL Panel on 12/7/18 Original file and certified copy of transfer order and docket sheet electronically sent to the Clerk in that district. Associated Cases: 1:16-cv-12351-DJC, 1:17-cv-40002-DJC, 1:18-cv-10747-DJC, 3:18-cv-30027-DJC(McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 44 Certified copy of MDL Conditional Transfer Order in MDL Case 2873 received from MDL panel requesting transfer of case for consolidated pretrial proceedings Associated Cases: 1:16-cv-12351-DJC, 1:17-cv-40002-DJC, 1:18-cv-10747-DJC, 3:18-cv-30027-DJC(McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 43 Informational copy of MDL Conditional Transfer Order in MDL Case 2873 received from the mdl panel requesting transfer of case for consolidated pretrial proceedings. Associated Cases: 1:16-cv-12351-DJC, 1:17-cv-40002-DJC, 1:18-cv-10747-DJC, 3:18-cv-30027-DJC(Jones, Sherry) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 42 STATUS REPORT Joint Status Report by 3M Company. (Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 41 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #40 Motion to Stay. In light of the motion, D. 113 and related filings, D. 114, in CA 16-12351, the Court ALLOWS the motion to stay until December 5, 2018. No later than December 3, 2018, the parties shall file a joint status report reflecting the status of any decision by the MDL panel regarding potential transfer and/or the need for any additional stay. (Hourihan, Lisa) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 40 MOTION to Stay Pending Decision by Judicial Panel on Multidistrict Litigation by 3M Company.(Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 39 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #37 , #38 Motions for Leave to Appear Pro Hac Vice Added Liam J. Montgomery, J. Liat Rome. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice for admission of J. Liat Rome Filing fee: $ 100, receipt number 0101-7268015 by Chemguard, Inc., Tyco Fire Products L.P.,. (Attachments: #1 Affidavit)(Burke, Lindsay) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice for admission of Liam J. Montgomery Filing fee: $ 100, receipt number 0101-7268005 by Chemguard, Inc., Tyco Fire Products L.P.,. (Attachments: #1 Affidavit)(Burke, Lindsay) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 36 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm Associated Cases: 3:18-cv-30027-DJC, 1:17-cv-40002-DJC(Scalfani, Deborah) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 35 Transcript of Motion Hearing held on July 12, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 8/21/2018. Redacted Transcript Deadline set for 8/31/2018. Release of Transcript Restriction set for 10/29/2018. Associated Cases: 3:18-cv-30027-DJC, 1:17-cv-40002-DJC(Scalfani, Deborah) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 34 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 7/12/2018 re #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) filed by 3M Company. Court taking under advisement #10 Motion to Dismiss. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: John E. Garber, Richard W. Head, Robert D. Cox, Jr.for the plaintiffs. John D. Stuebing, Lindsay M. Burke, Michael A. Scodro, David Weinraub, Douglas E. Fleming, III, Christopher M. Reilly, Michael E. Pastore for the defendants.) (McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 33 NOTICE of Appearance by Lindsay M. Burke on behalf of Chemguard, Inc., Tyco Fire Products L.P., (Burke, Lindsay) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 32 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #31 Motion for Leave to Appear Pro Hac Vice Added Michael A. Scodro. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 31 MOTION for Leave to Appear Pro Hac Vice for admission of Michael A. Scodro Filing fee: $ 100, receipt number 0101-7221434 by 3M Company. (Attachments: #1 Exhibit Affidavit of Michael A. Scodro)(Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 30 NOTICE by Tyco Fire Products L.P., Of Filing Motion To Transfer Case (Attachments: #1 Exhibit)(Burke, Lindsay) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 29 ELECTRONIC NOTICE Resetting Hearing on Motion #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) : Motion Hearing set for 7/12/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. NOTE TIME CHANGE ONLY(Hourihan, Lisa) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 28 ELECTRONIC NOTICE Resetting Hearing on Motion #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) : Motion Hearing set for 7/12/2018 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 27 Joint REPLY to Response to #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) filed by 3M Company. (Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 26 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #25 Motion for Leave to File Reply in Support of Motion To Dismiss by 3M Company; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 25 Joint MOTION for Leave to File Reply in Support of Motion To Dismiss by 3M Company. (Attachments: #1 Exhibit)(Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 24 ELECTRONIC NOTICE Setting Hearing on Motion #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) : Motion Hearing set for 7/10/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 23 Opposition re #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) filed by City of Westfield, Massachusetts. (Attachments: #1 Exhibit 3M Annual Report, #2 Exhibit SF95, #3 Exhibit GAO Report, #4 Exhibit 3M Mass. Business Registration, #5 Exhibit Tyco Mass. Business Registration, #6 Exhibit Westfield Tech. Memo., #7 Exhibit Chemguard Product Sheet)(Madonna, Kevin) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 22 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #21 Motion for Extension of Time to File Response/Reply re #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) Responses due by 5/18/2018 (Hourihan, Lisa) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 21 Assented to MOTION for Extension of Time to May 18, 2018 to File Response/Reply to Defendants' Joint Motion to Dismiss by City of Westfield, Massachusetts.(Madonna, Kevin) (Main Document 21 replaced unsigned original with a signed copy on 5/10/2018) (Lindsay, Maurice). [Transferred from Massachusetts on 12/17/2018.] |
| Filing 20 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #17 , #18 , #19 Motions for Leave to Appear Pro Hac Vice Added Katherine Armstrong, Douglas E. Fleming, III, David Weinraub. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 19 MOTION for Leave to Appear Pro Hac Vice for admission of David Weinraub Filing fee: $ 100, receipt number 0101-7122515 by Chemguard, Inc., Tyco Fire Products L.P.,. (Attachments: #1 Affidavit Exhibit A)(Kenney, Christopher) (Main Document 19 replaced on 5/3/2018) (McKillop, Matthew). (Attachment 1 replaced on 5/3/2018) (McKillop, Matthew). [Transferred from Massachusetts on 12/17/2018.] |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Douglas E. Fleming, III Filing fee: $ 100, receipt number 0101-7122474 by Chemguard, Inc., Tyco Fire Products L.P.,. (Attachments: #1 Affidavit Exhibit A)(Kenney, Christopher) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of Katherine Armstrong Filing fee: $ 100, receipt number 0101-7122432 by Chemguard, Inc., Tyco Fire Products L.P.,. (Attachments: #1 Affidavit Exhibit A)(Kenney, Christopher) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 16 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #13 , #14 , #15 Motions for Leave to Appear Pro Hac Vice Added Richard F. Bulger, Laura R. Hammargren, Tyler D. Alfermann. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice for admission of Tyler D. Alfermann Filing fee: $ 100, receipt number 0101-7114816 by 3M Company. (Attachments: #1 Affidavit)(Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice for admission of Laura R. Hammargren Filing fee: $ 100, receipt number 0101-7114810 by 3M Company. (Attachments: #1 Affidavit)(Stuebing, John) (Main Document 14 replaced on 4/30/2018) (McKillop, Matthew). [Transferred from Massachusetts on 12/17/2018.] |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice for admission of Richard F. Bulger Filing fee: $ 100, receipt number 0101-7114804 by 3M Company. (Attachments: #1 Affidavit oF Richard F. Bulger)(Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT by 3M Company. (Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 11 Joint MEMORANDUM in Support re #10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) filed by 3M Company. (Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 10 Joint MOTION to Dismiss Pursuant to Rule 12(b)(2) and (6) by 3M Company.(Stuebing, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 9 ELECTRONIC NOTICE of Reassignment. Judge Denise J. Casper added. Magistrate Judge Katherine A. Robertson no longer assigned to case. Case was initially assigned to Magistrate Judge Katherine A. Robertson in error. (adminn, ) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 8 WAIVER OF SERVICE Returned Executed by City of Westfield, Massachusetts. Chemguard, Inc. waiver sent on 2/26/2018, answer due 4/27/2018; Tyco Fire Products L.P., waiver sent on 2/26/2018, answer due 4/27/2018. (Head, Richard) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 7 WAIVER OF SERVICE Returned Executed by City of Westfield, Massachusetts. 3M Company waiver sent on 2/26/2018, answer due 4/27/2018. (Head, Richard) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 6 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice. Added Kevin J. Madonna. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; granting #5 Motion for Leave to Appear Pro Hac Vice. Added Richard W. Head. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. . (Finn, Mary) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice for admission of Richard Head Filing fee: $ 100, receipt number 0101-7028941 by City of Westfield, Massachusetts. (Attachments: #1 Affidavit Richard Head)(Phillips, Susan) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Kevin Madonna Filing fee: $ 100, receipt number 0101-7028931 by City of Westfield, Massachusetts. (Attachments: #1 Affidavit Kevin Madonna)(Phillips, Susan) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Lindsay, Maurice) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 2 NOTICE of Appearance by John E. Garber on behalf of City of Westfield, Massachusetts (Garber, John) [Transferred from Massachusetts on 12/17/2018.] |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7010324 (Fee Status: Filing Fee paid), filed by City of Westfield, Massachusetts. (Attachments: #1 Civil Cover Sheet, #2 Category Form)(Phillips, Susan) [Transferred from Massachusetts on 12/17/2018.] |
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