City of Dayton v. 3M Company et al
Plaintiff: City of Dayton
Defendant: Buckeye Fire Equipment Company, National Foam Inc, Tyco Fire Products LP, 3M Company and Chemguard Inc
Case Number: 2:2018cv03496
Filed: December 18, 2018
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Tort Product Liability
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 2, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 2, 2019 Filing 21 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, )
December 19, 2018 Filing 20 MDL MEMBER CASE OPENED: Ohio Southern, 3:18-cv-00331, City of Dayton v. 3M Company et al, as DSC case 2:18-cv-03496-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. (sshe, )
December 19, 2018 Filing 19 Case transferred in from District of Ohio Southern; Case Number 3:18-cv-00331. Original file certified copy of transfer order and docket sheet received.
December 18, 2018 Case transferred to District of South Carolina. Case file and docket sheet sent Electronically. (er) [Transferred from Ohio Southern on 12/19/2018.]
December 18, 2018 Filing 18 CONDITIONAL TRANSFER ORDER (CTO-1): Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on MDL this action is transferred to the District of South Carolina. Signed by the Clerk of the Panel on 12/18/2018; certified by the Clerk for the District of South Carolina on 12/18/2018. (er) [Transferred from Ohio Southern on 12/19/2018.]
December 18, 2018 Filing 17 CONDITIONAL TRANSFER ORDER (CTO-1): This order does not become effective until it is transferred to the USDC, District of South Carolina. (er) [Transferred from Ohio Southern on 12/19/2018.]
December 17, 2018 Filing 16 NOTICE of Appearance by Jonathan P Corwin for Defendant 3M Company (Corwin, Jonathan) [Transferred from Ohio Southern on 12/19/2018.]
November 2, 2018 Filing 15 Corporate Disclosure Statement by Defendants Chemguard, Inc., Tyco Fire Products LP, Johnson Controls International plc identifying Corporate Parent Johnson Controls International plc for Chemguard, Inc... (Ireland, Donald) [Transferred from Ohio Southern on 12/19/2018.]
November 2, 2018 Filing 14 Corporate Disclosure Statement by Defendants Chemguard, Inc., Tyco Fire Products LP, Johnson Controls International plc identifying Corporate Parent Johnson Controls International plc for Tyco Fire Products LP.. (Ireland, Donald) [Transferred from Ohio Southern on 12/19/2018.]
November 2, 2018 Filing 13 NOTICE of Appearance by Erin Rhinehart for Defendants Chemguard, Inc., Tyco Fire Products LP (Rhinehart, Erin) [Transferred from Ohio Southern on 12/19/2018.]
November 2, 2018 Filing 12 NOTICE of Appearance by Donald Jeffrey Ireland for Defendants Chemguard, Inc., Tyco Fire Products LP (Ireland, Donald) [Transferred from Ohio Southern on 12/19/2018.]
October 30, 2018 Opinion or Order Filing 11 ORDER Granting #10 Dfts' Unopposed Joint Motion for Extension of Time until 12/20/2018 to Respond to Complaint. If Dfts' move to dismiss, Plt's may have until 1/25/2019 to respond to that motion. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/30/2018. (sln) [Transferred from Ohio Southern on 12/19/2018.]
October 30, 2018 Filing 10 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 12/20/2018. by Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. (Corwin, Jonathan) [Transferred from Ohio Southern on 12/19/2018.]
October 22, 2018 Filing 9 SUMMONS Returned Executed as to Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., and Tyco Fire Products LP. 3M Company served on 10/18/2018, answer due 11/8/2018; Buckeye Fire Equipment Company served on 10/18/2018, answer due 11/8/2018; Chemguard, Inc. served on 10/18/2018, answer due 11/8/2018; National Foam, Inc. served on 10/17/2018, answer due 11/7/2018; Tyco Fire Products LP served on 10/17/2018, answer due 11/7/2018. (jmb) [Transferred from Ohio Southern on 12/19/2018.]
October 15, 2018 Filing 8 CERTIFICATE of Mailing by Clerk: Certified mail service has been done by the Clerk, U.S. District Court on October 15, 2018. A copy of the complaint, document 1, and summons, document 3, was sent by certified mail to the following locations: CT Corporation System for National Foam, Inc., 4400 EastonCommons Way, Suite 125, Columbus, OH 43219 Article Number (91 7199 9991 70304994 8691) Chemguard, One Stanton St., Marinette, WI, 54143, Article Number(91 7199 9991 7030 4994 8905) Tyco Fire Products, c/o Statutory Agent CT Corporation System, 4400 Easton Commons Way, Suite 125, Columbus, OH 43219, Article Number (91 7199 9991 7030 4994 8684) Buckeye Fire Equipment Company, 110 Kings Rd., Kings Mountain, NC 28086, ArticleNumber (91 7199 9991 7030 4994 8912)3M Company, c/o Statutory Agent Corporation Service Company, 2345 Rice St., Suite 230, Roseville, MN, 55113, Article Number ( 91 7199 9991 7030 4994 8929). (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 15, 2018 Termination of Answer due date. (jlk) [Transferred from Ohio Southern on 12/19/2018.]
October 15, 2018 Opinion or Order Filing 7 ORDER - The Court STRIKES Plaintiffs summons returns 5 & #6 for noncompliance with the Local Rules. The deadline to respond to the Complaint is VACATED. Signed by Magistrate Judge Elizabeth Preston Deavers on October 15, 2018. (jlk) [Transferred from Ohio Southern on 12/19/2018.]
October 12, 2018 Filing 6 STRICKEN PER ORDER #7 ***SUMMONS Returned Executed as to Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. All Defendants. (Attachments: #1 Certified Mail Receipt Return 3M, #2 Certified Mail Receipt Return Buckeye, #3 Certified Mail Receipt Return Chemguard, #4 Certified Mail Receipt Return National Foam, #5 Certified Mail Receipt Return Tyco) (Tismo, J) Modified text on 10/15/2018 (jlk). [Transferred from Ohio Southern on 12/19/2018.]
October 12, 2018 NOTICE re 5 Summons Returned Executed: Document was filed incorrectly by counsel without service and answer dates reflected in the docket text. Counsel is to refile document with service dates and answer dates reflected in docket text. (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 12, 2018 Notice of Correction re: 4 Certificate of Service: Case Administrator restricted document because it was filed in error by counsel. Document has been regenerated to notify counsel of change. (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 9, 2018 Chief Judge Edmund A. Sargus and Magistrate Judge Elizabeth Preston Deavers added. Judge Walter H. Rice no longer assigned to case (per the directions of Chief Judge Sargus' chambers and its relation to MDL 2433, this case was directly reassigned to Chief Judge Sargus and Magistrate Judge Deavers). (sem) [Transferred from Ohio Southern on 12/19/2018.]
October 4, 2018 Filing 3 Summons Issued as to 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 4, 2018 Filing 2 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Paul J. Napoli, Patrick J. Lancotti, Tate J. Kunkle, and Louise R. Caro. (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 4, 2018 NOTICE re #1 Complaint: There are additional Plaintiff's counsel listed on supplemental civil cover sheet. Additional counsel must enter a Notice of Appearance to receive notices on the case. (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 4, 2018 Notice: If case is to be referred it will be assigned to Magistrate Judge Michael J. Newman. (kma) [Transferred from Ohio Southern on 12/19/2018.]
October 3, 2018 Filing 1 COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6624701), filed by City of Dayton. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Summons Form) (Tismo, J) [Transferred from Ohio Southern on 12/19/2018.]

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Defendant: Buckeye Fire Equipment Company
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Defendant: National Foam Inc
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Defendant: Tyco Fire Products LP
Represented By: Erin Rhinehart
Represented By: Donald Jeffrey Ireland
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Defendant: 3M Company
Represented By: Rosemary D Welsh
Represented By: Richard Donovan Schuster
Represented By: John Joseph Kulewicz
Represented By: Jonathan P Corwin
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Defendant: Chemguard Inc
Represented By: Erin Rhinehart
Represented By: Donald Jeffrey Ireland
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Plaintiff: City of Dayton
Represented By: J Pierre Tismo
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