In Re Aqueous Film-Forming Foams Products Liability Litigation MDL 2873
Plaintiff: Plaintiffs Co-Lead Counsel, Plaintiffs Liaison Counsel, Plaintiffs, The Illinois Municipal Corporation East Alton and Janet Pearl Chapp
Defendant: Tyco Fire Products LP, Chemguard Inc, Defendants Co-Lead Counsel, Defendants Co-Liaison Counsel, United States of America, Defendants, National Foam Inc, WillFire HC LLC doing business as Williams Fire & Hazard Control, E.I. du Pont de Nemours & Company, BASF Corporation, The Chemours Company, The Chemours Company FC, LLC, Dynax Corporation, Chemicals Incorporated, Sentinel Emergency Solutions, LLC, 3M Company, Clariant Corporation, Raytheon Technologies Corporation, Arkema Inc., PBI Performance Products, Inc., Archroma U.S., Inc., Carrier Global Corporation, AGC Chemicals Americas Inc., Amerex Corporation, Honeywell International Inc., Southern Mills, Inc., Mine Safety Appliances Company, LLC, W.L. Gore & Associates, NSK Corporation, AllStar Fire Equipment, Matlick Enterprises, Inc., FBS Tire Recycling, Inc., Afco Avports LLC, Daikin America Inc, Fire Service Plus Inc, Corteva Inc, Dupont De Nemours Inc, Phillips 66 Pipeline LLC, Perimeter Solutions LP, Nation Ford Chemical Company, Chubb Fire, Ltd., Fire-Dex LLC, Northeast Rescue Systems, Inc., Port Authority of New York and New Jersey, Middlesex County Fire Marshal and State of New Jersey
Petitioner: Lower Passaic River Study Area Cooperating Parties Group
In Re: Aqueous Film-Forming Foams Products Liability Litigation
Case Number: 2:2018mn02873
Filed: December 7, 2018
Court: US District Court for the District of South Carolina
Presiding Judge: Richard M Gergel
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 31, 2023 Filing 2832 STIPULATION of Dismissal Without Prejudice by Hosea Thomas. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01889-RMG(Zgoda, Richard)
January 31, 2023 Filing 2831 STIPULATION of Dismissal Without Prejudice by William Johnson. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01888-RMG(Zgoda, Richard)
January 31, 2023 Filing 2830 STIPULATION of Dismissal Without Prejudice by James Hogue. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01701-RMG(Zgoda, Richard)
January 31, 2023 Filing 2829 Sealed Document in re document #2813 . (Dukes, David)
January 31, 2023 Filing 2828 COMPLAINT John Murray vs THE 3M COMPANY, f/k/a MINNESOTA MINING AND MANUFACTURING CO. Charleston Division. ( Filing fee $ 402 receipt number ASCDC-10920536). (Attachments: #1 Summons)Luhana, Roopal)
January 31, 2023 Filing 2827 STIPULATION Concerning National Foam, Inc.'s Government/Military Contractor Defense by National Foam Inc, National Foam Inc. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Smith, Keith)
January 30, 2023 Filing 2826 NOTICE of Voluntary Dismissal by Sheila Mitrano(Ferraro, James) Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02516-RMG(sshe, )
January 30, 2023 Filing 2825 NOTICE of Voluntary Dismissal by John Jones(Ferraro, James) Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02515-RMG(sshe, )
January 30, 2023 Opinion or Order Filing 2824 ORDER This Document relates to All Cases. Defendants' Motion to Seal (Dkt No. #2814 ) is GRANTED. Defendants are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/30/23.(sshe, )
January 30, 2023 Filing 2823 NOTICE of Voluntary Dismissal by Red Cliff Band of Lake Superior Chippewa Indians as to Defendant Johnson Controls International plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03668-RMG(Marcum, Christiaan)
January 27, 2023 Filing 2822 NOTICE of Voluntary Dismissal by Plaintiffs in 27 Actions Associated Cases: 2:18-mn-02873-RMG et al.(Green, Chelsie)
January 27, 2023 Filing 2821 MDL CONDITIONAL TRANSFER ORDER #117, Received from the Multi-District Litigation Panel. (sshe, ) (Main Document 2821 replaced on 1/27/2023) (sshe, ). Modified on 1/27/2023 to replace with corrected document (correct typo to include "117" at "CTO-") as provided by JPML (sshe, ).
January 25, 2023 Opinion or Order Filing 2820 ORDER This Document relates to City of Stuart, Florida v. 3M Company, et al., 2:18-cv-03487-RMG. Plaintiff's Motion to Seal (Dkt No. #2807 in case 2:18-mn-02873-RMG; (192) in case 2:18-cv-03487-RMG) is GRANTED. Plaintiffs are directed to file on the docket, under seal, unredacted versions of their motions with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/25/23.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(sshe, )
January 24, 2023 Filing 2819 DECLARATION by Fleming Plaintiffs.(Benochi, John) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-04541-RMG Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences (sshe, )
January 24, 2023 Filing 2818 NOTICE of Appearance by John Benochi on behalf of Fleming Plaintiffs(Benochi, John) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-04541-RMG Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences; to remove the incorrect attorney/party association (as to Plaintiffs) in the lead case (sshe, )
January 24, 2023 Filing 2817 Sealed Document in re document #2788 . (Attachments: #1 Reply in Support of Motion for Reconsideration of Certification for Interlocutory Appeal by Historic DuPont and Chemours)(Casey, Alice)
January 24, 2023 Filing 2816 STIPULATION of Dismissal Without Prejudice by Cora Adams, Joey Adams, Theresa Austin, Gregory Blanchard, Reginald Braxton, Randolph Bryant, David Bursiaga, Wayne Charles, Pedro Cortez Jr., Debby Farrar, Lonnie Ellis, John Fick, Gary Garrett, Tomas Gonzalez, Patrick Gouthro, Thomas Hallmark, Clyde Holliday, Patrick Hupp, Neal Jameson, Ronald Jones, Gary Lewis, Alan Lis, Lewis Love, Lars Martin Maeland, Patrick McIntyre, Marvin McKeever, Jose Melendez, Shane Miller, Walter Nord, Danny Oatis, Nathan Owen, Jerry Smith, Stephen Courtemanche, Derek Strand, Harvey Szczepan, Edwin Troxel, Peter Truxillo, Wanda Vazquez, James Walker, Barry Watson, Brandon Watson, Thomas J. Gentile, Ervin Wright, Michael House, Cory Shaw, Bruce Smith, Cleveland McGuire, Annmarie Weimer, Donald Young. (Attachments: #1 Exhibit List of Plaintiffs Subject to Dismissal)Associated Cases: 2:18-mn-02873-RMG et al.(Croner, Andrew)
January 24, 2023 Opinion or Order Filing 2815 ORDER This Order Relates to All Cases. Defendants' Motion to Seal (Dkt No. #2789 ) is GRANTED. Defendants are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/24/23.(sshe, )
January 23, 2023 Filing 2814 MOTION to Seal by Defendants. Response to Motion due by 2/6/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Descriptive Index of Documents, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Placeholder Sheet, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
January 23, 2023 Filing 2813 REPLY to Response to Motion re #2701 MOTION to Compel Production of Documents Withheld by the United States Based on Deliberative Process Privilege Response filed by Defendants. (Attachments: #1 Exhibit 1 - Confidential Placeholder Sheet)(Dukes, David)
January 23, 2023 Filing 2810 NOTICE of Appearance by Mark A Chertok on behalf of Port Authority of New York and New Jersey Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01792-RMG(Chertok, Mark)
January 23, 2023 Filing 2809 NOTICE of Appearance by Elizabeth Knauer on behalf of Port Authority of New York and New Jersey Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01792-RMG(Knauer, Elizabeth)
January 23, 2023 Filing 2808 MDL CONDITIONAL TRANSFER ORDER #116, Received from the Multi-District Litigation Panel. (sshe, )
January 20, 2023 Filing 2807 MOTION to Seal by Plaintiffs. Response to Motion due by 2/3/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 Index, #2 Exhibit 2 Certificate of Compliance, #3 Exhibit 3 Confidential Documents, #4 Exhibit 4 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2806 Additional Attachments to Main Document (185 in 2:18-cv-03487-RMG, 2800 in 2:18-mn-02873-RMG) Response in Opposition to Motion, (188 in 2:18-cv-03487-RMG, 2803 in 2:18-mn-02873-RMG) Response in Opposition to Motion, (2804 in 2:18-mn-02873-RMG, 189 in 2:18-cv-03487-RMG) Response in Opposition to Motion, (184 in 2:18-cv-03487-RMG, 2799 in 2:18-mn-02873-RMG) Response in Opposition to Motion, (2802 in 2:18-mn-02873-RMG, 187 in 2:18-cv-03487-RMG) Response in Opposition to Motion,, (186 in 2:18-cv-03487-RMG, 2801 in 2:18-mn-02873-RMG) Response in Opposition to Motion, (190 in 2:18-cv-03487-RMG, 2805 in 2:18-mn-02873-RMG) Response in Opposition to Motion, (2798 in 2:18-mn-02873-RMG, 183 in 2:18-cv-03487-RMG) Response in Opposition to Motion,. First attachment description: Declaration of Michael London . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Envelope 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2805 RESPONSE in Opposition re (165 in 2:18-cv-03487-RMG, 2698 in 2:18-mn-02873-RMG) MOTION for Summary Judgment Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Envelope Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2804 RESPONSE in Opposition re (2690 in 2:18-mn-02873-RMG, 157 in 2:18-cv-03487-RMG) MOTION for Summary Judgment National Foam, Inc.'s Motion for Partial Summary Judgment Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2803 RESPONSE in Opposition re (2694 in 2:18-mn-02873-RMG, 161 in 2:18-cv-03487-RMG) MOTION for Summary Judgment Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2802 RESPONSE in Opposition re (2689 in 2:18-mn-02873-RMG, 156 in 2:18-cv-03487-RMG) MOTION for Summary Judgment Dynax Corporation's Individual Motion for Summary Judgment and Joinder/Adoption in Other Defendants' Motions Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2801 RESPONSE in Opposition re (2693 in 2:18-mn-02873-RMG, 160 in 2:18-cv-03487-RMG) MOTION for Summary Judgment Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2800 RESPONSE in Opposition re (2692 in 2:18-mn-02873-RMG, 159 in 2:18-cv-03487-RMG) MOTION for Summary Judgment Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2799 RESPONSE in Opposition re (2695 in 2:18-mn-02873-RMG, 162 in 2:18-cv-03487-RMG) MOTION for Summary Judgment (Defendants' Omnibus Motion for Summary Judgment) Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Declaration of Michael London)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2798 RESPONSE in Opposition re (2696 in 2:18-mn-02873-RMG, 163 in 2:18-cv-03487-RMG) MOTION to Exclude (Defendants' Omnibus Motion to Exclude Plaintiff's Experts' Testimony) Response filed by Plaintiffs.Reply to Response to Motion due by 1/27/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Mike London Declaration)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Thompson, Fred)
January 20, 2023 Filing 2797 NOTICE of RESCHEDULED HEARING: The Monthly Status Conference set for 2/24/23 10:00 AM is cancelled and rescheduled to: Monthly Telephone Status Conference set for 3/3/2023 09:00 AM before Honorable Richard M Gergel. (All Counsel Please Note: Date and Time change and reminder that call-in instructions will be circulated earlier in the week prior to the telephonic status conference.)(cper, )
January 20, 2023 Filing 2796 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Status Conference held by Telephone on 1/20/2023. All parties are represented on the call. February 24th status conference is rescheduled to March 3rd and will be held by Telephone. Court Reporter Lisa Smith. (cper, )
January 19, 2023 Filing 2795 NOTICE of Voluntary Dismissal by Horace Smith (Lanciotti, Patrick) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00021-RMG Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences.(sshe, )
January 19, 2023 Filing 2793 NOTICE of Appearance by Thai Nguyen on behalf of State of New Jersey(Nguyen, Thai) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences and to create the attorney/party association in the applicable member case (sshe, ) Modified on 1/20/2023 to original docket number(sshe, ).
January 19, 2023 Filing 2794 STIPULATION of Dismissal With Prejudice [Proposed] Order of Dismissal with Prejudice by Buckeye Fire Equipment Company. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Carpenter, Michael)
January 18, 2023 Filing 2792 NOTICE of Appearance by Ashley B Campbell on behalf of State of Wisconsin Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-00028-RMG(Campbell, Ashley)
January 17, 2023 Filing 2791 REPLY to Response to Motion re #2747 MOTION to Intervene Response filed by Lower Passaic River Study Area Cooperating Parties Group. (Thiem, Jennifer)
January 17, 2023 Opinion or Order Filing 2790 ORDER This Order Relates to All Cases. The PEC's Motion to Seal (Dkt No. #2762 ) is GRANTED. The PEC are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits.AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/17/2023.(sshe, )
January 17, 2023 Filing 2789 MOTION to Seal by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC. Response to Motion due by 1/31/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - List of Documents to be Sealed, #2 Certificate of Compliance, #3 Placeholder sheet for Confidential Documents, #4 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hacker, Katherine)
January 17, 2023 Filing 2788 REPLY to Response to Motion re #2727 MOTION for Reconsideration re #2687 Order on Motion to Compel Response filed by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC. (Hacker, Katherine)
January 17, 2023 Filing 2787 NOTICE of Appearance by Ashley B Campbell on behalf of Sacramento Suburban Water District Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-00025-RMG(Campbell, Ashley)
January 17, 2023 Filing 2786 MDL CONDITIONAL TRANSFER ORDER #115, Received from the Multi-District Litigation Panel. (sshe, )
January 16, 2023 Filing 2785 NOTICE of Voluntary Dismissal by Michael Steele Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03659-RMG(Zgoda, Richard)
January 13, 2023 Filing 2784 STIPULATION of Dismissal Without Prejudice by E.I. DuPont de Nemours and Company, The Chemours Company, The Chemours Company FC, LLC. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Hacker, Katherine)
January 13, 2023 Filing 2783 DELETION OF DOCKET ENTRY NUMBER 2782, 61 Reason: Not in compliance with Motions Practice per CMO Nos. 2 and 2.A, per chambers. Filing counsel must confer with Co-Lead Counsel prior to any refiling. Filing date of original filing was: 1/12/2023 Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-04541-RMG(sshe, )
January 12, 2023 Filing 2781 NOTICE of Voluntary Dismissal by Stephen Joseph Mikolajcik (Anderson, Gary) Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02536-RMG Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences. (sshe, )
January 12, 2023 Filing 2780 NOTICE of Change of Address by David Wayne Hodges (Attachments: #1 Exhibit)(Hodges, David) (Attachment 1 replaced on 1/13/2023) (sshe, ). Modified on 1/13/2023 to replace with corrected document (Exhibit - SCD civil action member case correction) (sshe, ).
January 12, 2023 Filing 2779 NOTICE of Appearance by Jason H Wilson on behalf of State of Vermont Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(Wilson, Jason)
January 12, 2023 Filing 2778 NOTICE of Appearance by Viola Vetter on behalf of State of Vermont Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(Vetter, Viola)
January 12, 2023 Filing 2777 NOTICE of Appearance by Kyle J McGee on behalf of State of Vermont Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(McGee, Kyle)
January 12, 2023 Filing 2776 MOTION for Leave to File Direct File Complaint in MDL 2873 by Bobby Greaves. Response to Motion due by 1/26/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-04303-RMG(Summy, Scott)
January 12, 2023 Filing 2775 Letter from Frederick Gaston Hall. (Attachments: #1 Exhibit MIL-PRF-32725 - Fluorine-Free Foam Concentrate Military Specification)(Hall, Frederick)
January 11, 2023 Filing 2774 NOTICE of Appearance by Tate J Kunkle on behalf of West Des Moines Water Works Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02558-RMG(Kunkle, Tate)
January 10, 2023 Filing 2773 NOTICE of Appearance by Stephen Johnston on behalf of City of Manteca Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-04042-RMG(Johnston, Stephen)
January 9, 2023 Filing 2772 RESPONSE in Opposition re #2701 MOTION to Compel Production of Documents Withheld by the United States Based on Deliberative Process Privilege Response filed by United States of America.Reply to Response to Motion due by 1/17/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Anwar, Haroon)
January 9, 2023 Filing 2771 TEXT ORDER This Order Relates to All Cases granting #2770 Motion for Extension of Time for E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC to file a Reply to #2727 Motion for Reconsideration. The time to file a Reply is extended to 1/17/2023. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/9/23.(sshe, )
January 9, 2023 Filing 2770 MOTION for Extension of Time Unopposed Motion to Extend Deadline for Reply to Motion for Reconsideration or Certification for Interlocutory Appeal by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC. Response to Motion due by 1/23/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Hacker, Katherine)
January 9, 2023 Filing 2769 RESPONSE in Opposition re #2747 MOTION to Intervene Response filed by Plaintiffs.Reply to Response to Motion due by 1/17/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Thompson, Fred)
January 9, 2023 Filing 2768 Sealed Document in re document #2727 . (Attachments: #1 Motion for Reconsideration, #2 Ex. 1 - Arbitration Procedural Order No 2, #3 Ex. 2- DuPont Arbitration Privilege Log, #4 Ex. 5 - Chemours Arbitration Privilege Log)(Casey, Alice)
January 9, 2023 Filing 2767 TEXT ORDER re CMO 19.F. This Order Relates to All Actions. By agreement of the parties, and for good cause shown, CMO 19.F (Dkt. No. 2649 1) is modified ONLY to the extent that response in opposition briefs are due January 20, 2023 and replies are due February 10, 2023. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/9/23. (sshe, )
January 6, 2023 Filing 2766 STIPULATION of Dismissal With Prejudice [Proposed] Order of Dismissal with Prejudice by BASF Corporation. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Holian, Matthew)
January 6, 2023 Filing 2764 CASE MANAGEMENT ORDER NO. 12.B. This Order Relates to All Cases. Please see Order for all Details regarding the Tolling of Claims Against Certain Defendants. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/6/2023. (sshe, )
January 6, 2023 Opinion or Order Filing 2763 ORDER This Order Relates to All Cases. Defendants' Motion to Seal (Dkt No. #2729 ) is GRANTED. Defendants are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. Defendants are also directed to provide to the Clerk an unredacted version of Exhibit 4 so that it may be placed on the public docket. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/6/23.(sshe, )
January 5, 2023 Filing 2762 MOTION to Seal Portions of motion filed at ECF 2761 by Plaintiffs. Response to Motion due by 1/19/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Exhibit 1- Index, #2 Exhibit Exhibit 2- Certificate of Compliance, #3 Exhibit Exhibit 3- Placeholder Sheet, #4 Proposed Order Exhibit 4- Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred) (Main Document 2762 replaced on 1/6/2023) (sshe, ). (Attachment 1 replaced on 1/6/2023) (sshe, ). Modified on 1/6/2023 to replace with corrected documents as requested and provided by filing user(sshe, ).
January 5, 2023 Filing 2761 RESPONSE in Opposition re #2727 MOTION for Reconsideration re #2687 Order on Motion to Compel Response filed by Plaintiffs.Reply to Response to Motion due by 1/12/2023 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit Downing Declaration, #2 Exhibit Exhibit 1- Lower Passaic Exhibit, #3 Exhibit Exhibit 2- Joint Defense Exhibit, #4 Exhibit Exhibit 3- Conferral Request)(Thompson, Fred)
January 4, 2023 Filing 2759 NOTICE of Voluntary Dismissal by Monroe County of Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03680-RMG(Taylor, Brandon)
January 4, 2023 Filing 2758 NOTICE of Voluntary Dismissal by City of Bellbrook of Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-04429-RMG(Taylor, Brandon)
January 4, 2023 Filing 2757 NOTICE of Voluntary Dismissal by City of Fairborn of Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03032-RMG(Taylor, Brandon)
January 4, 2023 Filing 2756 NOTICE of Appearance by Christina Cossich on behalf of Monroe County, City of Bellbrook Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03680-RMG, 2:22-cv-04429-RMG(Cossich, Christina)
January 4, 2023 Filing 2755 NOTICE of Appearance by Philip F Cossich on behalf of Monroe County, City of Bellbrook Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03680-RMG, 2:22-cv-04429-RMG(Cossich, Philip)
January 4, 2023 Filing 2754 NOTICE of Appearance by Luana N Smith on behalf of Monroe County, City of Bellbrook Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03680-RMG, 2:22-cv-04429-RMG(Smith, Luana)
January 4, 2023 Filing 2753 NOTICE of Appearance by Brandon J Taylor on behalf of Monroe County, City of Bellbrook Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03680-RMG, 2:22-cv-04429-RMG(Taylor, Brandon)
January 3, 2023 Filing 2752 TEXT ORDER This Order Relates to all cases. The Court grants #2748 Motion for Extension of Time. Plaintiffs response to DuPont/Chemours motion for reconsideration is extended to January 5, 2023 and the reply date is extended to January 12, 2023. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/3/2023.(sshe, )
January 3, 2023 Filing 2751 MDL CONDITIONAL TRANSFER ORDER #113, Received from the Multi-District Litigation Panel. (sshe, )
January 3, 2023 Filing 2750 CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be reminded that the new shell case number for direct-filed cases related to the AFFF MDL is now 2:23-av-55555. (Note: Please disseminate notice immediately to all plaintiffs' attorneys' offices/staff) (sshe, )
January 3, 2023 Filing 2749 NOTICE OF HEARING Per Order of the Court, the following Monthly Status Conference for January - 1/20/2023 10:00 AM will be conducted via Telephone before Honorable Richard M Gergel. AND IT IS SO ORDERED. (sshe, )
December 30, 2022 Filing 2748 Consent MOTION for Extension of Time for Briefing Schedule Relating to E.I DuPont de Nemours and Company's Motion for Reconsideration by Plaintiffs. Response to Motion due by 1/13/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thompson, Fred)
December 28, 2022 Filing 2747 MOTION to Intervene by Lower Passaic River Study Area Cooperating Parties Group. Response to Motion due by 1/11/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit In Support of Motion)No proposed order.(Thiem, Jennifer)
December 22, 2022 Filing 2746 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 12/22/2022, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 1/12/2023. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 3/22/2023. (kmartin, )
December 22, 2022 Filing 2745 Joint MOTION to Amend/Correct Case Management Order 12 by Plaintiffs. Response to Motion due by 1/5/2023. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
December 22, 2022 Filing 2744 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Status Conference held by telephone on 12/22/2022. All parties are represented on the call. Status conference set for 1/20/2023 10:00 AM will be held by telephone unless parties file a motion for the conference to be held in person. Court Reporter Karen Martin. (cper, )
December 21, 2022 Filing 2743 DELETION OF DOCKET ENTRY NUMBER 2742 Reason: Attorney filing user filed amended complaint document incorrectly in lead case; clerk refiled correctly in member case Filing date of refiled document is that of original filing: 12/20/2022 (sshe, )
December 20, 2022 Opinion or Order Filing 2741 ORDER This Order Relates to Case No. 2:22-cv-02473-RMG. Plaintiffs' motion to amend (Dkt. No. #2734 in case 2:18-mn-02873-RMG; (13) in case 2:22-cv-02473-RMG) is GRANTED and Plaintiffs are directed to promptly file the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/20/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(sshe, )
December 20, 2022 Opinion or Order Filing 2740 ORDER This Order Relates to Case No. 2:22-cv-02473-RMG re #2733 (in case 2:18-mn-02873-RMG; (12) in case 2:22-cv-02473-RMG). Plaintiffs therefore move to substitute Theresa Foley for Peter Foley as a party to this action. The unopposed motion to substitute (Dkt. No. 2733) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/20/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(sshe, )
December 20, 2022 Opinion or Order Filing 2739 ORDER This Order Relates to Case No. 2:22-cv-02473-RMG re #2732 (in case 2:18-mn-02873-RMG; (11) in case 2:22-cv-02473-RMG). Plaintiffs therefore move to substitute Leah Ryan for Mark Ryan as a party to this action. The unopposed motion to substitute (Dkt. No. 2732) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/20/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(sshe, )
December 20, 2022 Filing 2738 NOTICE of Voluntary Dismissal by David Shepherd Notice of Dismissal without Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) as to Defendant Archroma U.S., Inc. Only Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03819-RMG(Carnie, Kevin)
December 19, 2022 Filing 2737 Letter from Defendants regarding Motion to Seal. (Hacker, Katherine)
December 19, 2022 Filing 2736 Letter from the United States in response to the PEC's and New Jersey's Dec. 12, 2022 letters concerning a briefing schedule for the United States' jurisdictional motions. (Hall, Frederick)
December 19, 2022 Filing 2735 Letter from PEC regarding Defendants' Motion for Reconsideration and Motion to Seal. (Thompson, Fred)
December 16, 2022 Filing 2734 MOTION to Amend/Correct (1 in 2:22-cv-02473-RMG) Complaint,, by Plaintiffs. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Declaration of Jonathan K. Levine, #2 Exhibit Ex. A. -Redlined Amended Babstock Complaint, #3 Exhibit Ex. B. - Clean Amended Babstock Complaint)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(Pritzker, Elizabeth)
December 16, 2022 Filing 2733 MOTION to Substitute Party for decedent Plaintiff Peter Foley by Plaintiffs. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Death Certificate Peter Foley, #2 Exhibit Last Will and Testament Peter Foley)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(Pritzker, Elizabeth)
December 16, 2022 Filing 2732 MOTION to Substitute Party for decedent Plaintiff Mark Ryan by Plaintiffs. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Death Certificate Mark Ryan, #2 Exhibit Last Will and Testament Mark Ryan)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(Pritzker, Elizabeth)
December 16, 2022 Filing 2731 SUGGESTION OF DEATH Upon the Record Under Fed. R. Civ. P. 25(a)(1) by Plaintiffs. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(Pritzker, Elizabeth)
December 16, 2022 Filing 2730 SUGGESTION OF DEATH Upon the Record Under Fed. R. Civ. P. 25(a)(1) by Plaintiffs. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02473-RMG(Pritzker, Elizabeth)
December 16, 2022 Filing 2729 MOTION to Seal by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Ex A List of Documents to be Sealed, #2 Certificate of Compliance, #3 Placeholder sheet for Confidential Documents, #4 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Hacker, Katherine)
December 16, 2022 Filing 2728 Letter from United States Concerning ECF No. 2722. (Attachments: #1 Exhibit 1 (EPA), #2 Exhibit 2 (CSU))(Falk, Christina)
December 16, 2022 Filing 2727 MOTION for Reconsideration re #2687 Order on Motion to Compel by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC. Response to Motion due by 12/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Ex. 1 20201013 Arbitration Procedural Order No 2, #2 Exhibit Ex. 2 20220610 DuPont Arbitration Privilege Log, #3 Exhibit Ex. 3 20220504 Email to Court, #4 Exhibit Ex. 4 20220207 Email Chain re Chemours Privilege Log, #5 Exhibit Ex. 5 20220922 Chemours Arbitration Privilege Log, #6 Affidavit Bookout Declaration)Proposed order is being emailed to chambers with copy to opposing counsel.(Hacker, Katherine)
December 16, 2022 Filing 2726 MDL CONDITIONAL TRANSFER ORDER #112, Received from the Multi-District Litigation Panel. (sshe, )
December 16, 2022 Filing 2725 DELETION OF DOCKET ENTRY NUMBER 2725 (original) Reason: attorney filing user filed new direct-filed case incorrectly in lead mn case; entry and documents removed, clerk corrected. Filing date is that of original filing: 12/16/22 (sshe, )
December 15, 2022 Filing 2723 NOTICE of Hearing: The Court sets the following Monthly Status Conferences for January - May 2023: 1/20/2023 10:00 AM, 2/24/2023 10:00 AM, 3/31/2023 10:00 AM, 4/28/2023 10:00 AM, 5/26/2023 10:00 AM. The conferences will be conducted in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. The Monthly Status Conferences will be in-person, absent further order from the Court. (sshe, )
December 14, 2022 Filing 2722 Letter from PEC Regarding Bellwether Personal Injury Cases. (Attachments: #1 Exhibit A- Personal Injury Bellwether Proposal, #2 Exhibit B-Deficiency Report- 3369, #3 Exhibit C- Deficiency Reports)(Thompson, Fred)
December 14, 2022 Filing 2721 Letter from DCC. (Duffy, Brian)
December 12, 2022 Filing 2720 Letter from NJDEP in Response to 11/25/22 Letter from DOJ. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00146-RMG(Jackson, William)
December 12, 2022 Filing 2719 Letter from Plaintiffs' Executive Committee in Response to 11/25/22 Letter from DOJ. (Attachments: #1 Exhibit A- List of Cases with US Named as Defendant)(Thompson, Fred)
December 9, 2022 Filing 2718 Sealed Document in re document (2691 in 2:18-mn-02873-RMG). (Attachments: #1 Exhibit B.F.X. 1)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Carpenter, Michael)
December 9, 2022 Filing 2717 TEXT ORDER On or before January 9, 2023, the United States shall file its response to Defendants' motion to compel (Dkt. No. #2701 ). Defendants shall file their reply, if any, on or before January 23, 2023. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/9/22. (sshe, )
December 8, 2022 Filing 2716 Sealed Document in re document #2701 . (Dukes, David)
December 8, 2022 Opinion or Order Filing 2715 ORDER This Document Relates to All Cases. Defendants' Motion to Seal (Dkt No. #2702 ) is GRANTED. Defendants are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/8/22.(sshe, )
December 8, 2022 Filing 2714 Sealed Document in re document (2689 in 2:18-mn-02873-RMG). (Attachments: #1 Exhibit DX-1, #2 Exhibit DX-2, #3 Exhibit DX-3, #4 Exhibit DX-5, #5 Exhibit DX-6, #6 Exhibit DX-7, #7 Exhibit DX-8)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Ries, Addie)
December 7, 2022 Filing 2708 Sealed Document in re document (2692 in 2:18-mn-02873-RMG, 159 in 2:18-cv-03487-RMG). (Attachments: #1 Memo in Support with Appendix A, #2 Exhibit Clariant Ex. 1, #3 Exhibit Clariant Ex. 2)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Weber, Steven) Filing corrected for event type(sshe, )
December 7, 2022 Filing 2713 Sealed Document in re document (2690 in 2:18-mn-02873-RMG, 157 in 2:18-cv-03487-RMG). (Attachments: #1 Exhibit Exhibit 3 (UNDER SEAL))Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Smith, Keith)
December 7, 2022 Filing 2712 Sealed Document in re document (2693 in 2:18-mn-02873-RMG). Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Dwerlkotte, David)
December 7, 2022 Filing 2711 Sealed Document in re document (164 in 2:18-cv-03487-RMG, 2697 in 2:18-mn-02873-RMG). (Attachments: #1 Exhibit 1 (UNDER SEAL), #2 Exhibit 2 (UNDER SEAL), #3 Exhibit 3 (UNDER SEAL), #4 Exhibit 4 (UNDER SEAL), #5 Exhibit 5 (UNDER SEAL), #6 Exhibit 6 (UNDER SEAL), #7 Exhibit 7 (UNDER SEAL), #8 Exhibit 8 (UNDER SEAL), #9 Exhibit 9 (UNDER SEAL), #10 Exhibit 10 (UNDER SEAL), #11 Exhibit 11 (UNDER SEAL), #12 Exhibit 12 (UNDER SEAL), #13 Exhibit 13 (UNDER SEAL), #14 Exhibit 14 (UNDER SEAL), #15 Exhibit 15 (UNDER SEAL), #16 Exhibit 16 (UNDER SEAL), #17 Exhibit 17 (UNDER SEAL), #18 Exhibit 18 (UNDER SEAL), #19 Exhibit 19 (UNDER SEAL), #20 Exhibit 20 (UNDER SEAL), #21 Exhibit 21 (UNDER SEAL), #22 Exhibit 22 (UNDER SEAL), #23 Exhibit 23 (UNDER SEAL), #24 Exhibit 24 (UNDER SEAL), #25 Exhibit 25 (UNDER SEAL), #26 Exhibit 26 (UNDER SEAL), #27 Exhibit 27 (UNDER SEAL), #28 Exhibit 28 (UNDER SEAL), #29 Exhibit 29 (UNDER SEAL), #30 Exhibit 30 (UNDER SEAL), #31 Exhibit 31 (UNDER SEAL), #32 Exhibit 32 (UNDER SEAL), #33 Exhibit 33 (UNDER SEAL), #34 Exhibit 34 (UNDER SEAL), #35 Exhibit 35 (UNDER SEAL), #36 Exhibit 36 (UNDER SEAL), #37 Exhibit 37 (UNDER SEAL), #38 Exhibit 38 (UNDER SEAL), #39 Exhibit 39 (UNDER SEAL), #40 Exhibit 40 (UNDER SEAL), #41 Exhibit 41 (UNDER SEAL), #42 Exhibit 42 (UNDER SEAL), #43 Exhibit 43 (UNDER SEAL), #44 Exhibit 44 (UNDER SEAL), #45 Exhibit 70 (UNDER SEAL), #46 Exhibit 76 (UNDER SEAL))Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Olsen, Michael)
December 7, 2022 Filing 2710 Sealed Document in re document (2694 in 2:18-mn-02873-RMG, 161 in 2:18-cv-03487-RMG). Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Giuffra, Robert)
December 7, 2022 Filing 2709 Sealed Document in re document (163 in 2:18-cv-03487-RMG, 2696 in 2:18-mn-02873-RMG). (Attachments: #1 Defendants' Omnibus Memorandum of Law in Support of Their Motion to Exclude Plaintiff's Experts' Testimony (UNDER SEAL))Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Olsen, Michael)
December 7, 2022 Filing 2707 Sealed Document in re document (2695 in 2:18-mn-02873-RMG, 162 in 2:18-cv-03487-RMG). (Attachments: #1 Defendants' Omnibus Memorandum of Law in Support of Their Motion for Summary Judgment (UNDER SEAL))Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Olsen, Michael)
December 7, 2022 Filing 2706 Sealed Document in re document (2698 in 2:18-mn-02873-RMG). (Attachments: #1 Exhibit TC Ex 4 - Spence Deposition Excerpts, #2 Exhibit TC Ex 5 - Spence DL 1839, #3 Exhibit TC Ex 9 - Higgins Expert Report (Sioux Falls))Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Dukes, David)
December 7, 2022 Filing 2705 MDL CONDITIONAL TRANSFER ORDER #110, Received from the Multi-District Litigation Panel. (sshe, )
December 7, 2022 Opinion or Order Filing 2704 ORDER This Document Relates to Case No. 2:18-cv-03487-RMG. Defendants' Motion to Seal (Dkt No. #2700 in case 2:18-mn-02873-RMG; (167) in case 2:18-cv-03487-RMG) is GRANTED. Defendants are directed to file on the docket, under seal, unredacted versions of their motions with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/7/2022.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(sshe, )
December 5, 2022 Filing 2703 NOTICE of Voluntary Dismissal by Joanne Bove as to BASF Corporation and National Foam, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03789-RMG(Croner, Andrew)
December 5, 2022 Filing 2702 MOTION to Seal Certain Exhibits to Defense Co-Lead's Motion to Compel Production of Documents Withheld by United States Based on Deliberative Process Privilege by Defendants. Response to Motion due by 12/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Descriptive Index, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Confidential Placeholder, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
December 5, 2022 Filing 2701 MOTION to Compel Production of Documents Withheld by the United States Based on Deliberative Process Privilege by Defendants. Response to Motion due by 12/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1 - Confidential Placeholder Sheet, #2 Exhibit 2 - 2022.07.07 Letter from DoD, #3 Exhibit 3 - 2022.08.29 Letter from DoD)No proposed order.(Dukes, David)
December 2, 2022 Filing 2700 MOTION to Seal by Defendants. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A Non-Descriptive Index (Omnibus Seal), #2 Exhibit B Certificate of Compliance, #3 Exhibit C Confidential Documents, #4 Exhibit D Proposed Order on Motion to Seal)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG Refiled correctly in management case and spread to applicable member case as listed on document per Judge's filing preferences and instructions, as requested by filing counsel's office(sshe, )
December 2, 2022 Filing 2699 MOTION for Summary Judgment by BASF Corporation. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memorandum of Law in Support of Its Motion for Summary Judgment, #2 Ex. A to Motion for Summary JudgmentBASF Interrogatory Response Excerpts, #3 Ex. B to Motion for Summary JudgmentMike Munsell Deposition Excerpt, #4 Ex. C to Motion for Summary JudgmentHeather Giarrusso Deposition Excerpts, #5 Ex. D to Motion for Summary JudgmentTodd Thomas Deposition Excerpts, #6 Ex. E to Motion for Summary JudgmentWilliam Spence Deposition Excerpt, #7 Ex. F to Motion for Summary JudgmentStuart_2:18-cv-03487_00022752)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Holian, Matthew)
December 2, 2022 Filing 2698 MOTION for Summary Judgment by Chemguard Inc, Tyco Fire Products LP. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit TC 1 - AFFF Schedule, #3 Exhibit TC 2 - 2009 Email, #4 Exhibit TC 3 - 30(b)6) NOD, #5 Exhibit TC 4 - Submitted in camera, #6 Exhibit TC 5 - Submitted in camera, #7 Exhibit TC 6 - Letter, #8 Exhibit TC 7 - Plaintiff's RFA to Chemguard, #9 Exhibit TC 8 - Plaintiff's RFA to National Foam, #10 Exhibit TC 9 - Submitted in camera)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Dukes, David)
December 2, 2022 Filing 2697 Additional Attachments to Main Document (2695 in 2:18-mn-02873-RMG, 162 in 2:18-cv-03487-RMG) MOTION for Summary Judgment (Defendants' Omnibus Motion for Summary Judgment), (163 in 2:18-cv-03487-RMG, 2696 in 2:18-mn-02873-RMG) MOTION to Exclude (Defendants' Omnibus Motion to Exclude Plaintiff's Experts' Testimony). First attachment description: Index of Exhibits in Support of Defendants' Omnibus Motion for Summary Judgment and Omnibus Motion to Exclude Plaintiff's Experts' Testimony . (Attachments: #1 Exhibit 1 (Placeholder Sheet for Documents Requesting to be Sealed), #2 Exhibit 2 (Placeholder Sheet for Documents Requesting to be Sealed), #3 Exhibit 3 (Placeholder Sheet for Documents Requesting to be Sealed), #4 Exhibit 4 (Placeholder Sheet for Documents Requesting to be Sealed), #5 Exhibit 5 (Placeholder Sheet for Documents Requesting to be Sealed), #6 Exhibit 6 (Placeholder Sheet for Documents Requesting to be Sealed), #7 Exhibit 7 (Placeholder Sheet for Documents Requesting to be Sealed), #8 Exhibit 8 (Placeholder Sheet for Documents Requesting to be Sealed), #9 Exhibit 9 (Placeholder Sheet for Documents Requesting to be Sealed), #10 Exhibit 10 (Placeholder Sheet for Documents Requesting to be Sealed), #11 Exhibit 11 (Placeholder Sheet for Documents Requesting to be Sealed), #12 Exhibit 12 (Placeholder Sheet for Documents Requesting to be Sealed), #13 Exhibit 13 (Placeholder Sheet for Documents Requesting to be Sealed), #14 Exhibit 14 (Placeholder Sheet for Documents Requesting to be Sealed), #15 Exhibit 15 (Placeholder Sheet for Documents Requesting to be Sealed), #16 Exhibit 16 (Placeholder Sheet for Documents Requesting to be Sealed), #17 Exhibit 17 (Placeholder Sheet for Documents Requesting to be Sealed), #18 Exhibit 18 (Placeholder Sheet for Documents Requesting to be Sealed), #19 Exhibit 19 (Placeholder Sheet for Documents Requesting to be Sealed), #20 Exhibit 20 (Placeholder Sheet for Documents Requesting to be Sealed), #21 Exhibit 21 (Placeholder Sheet for Documents Requesting to be Sealed), #22 Exhibit 22 (Placeholder Sheet for Documents Requesting to be Sealed), #23 Exhibit 23 (Placeholder Sheet for Documents Requesting to be Sealed), #24 Exhibit 24 (Placeholder Sheet for Documents Requesting to be Sealed), #25 Exhibit 25 (Placeholder Sheet for Documents Requesting to be Sealed), #26 Exhibit 26 (Placeholder Sheet for Documents Requesting to be Sealed), #27 Exhibit 27 (Placeholder Sheet for Documents Requesting to be Sealed), #28 Exhibit 28 (Placeholder Sheet for Documents Requesting to be Sealed), #29 Exhibit 29 (Placeholder Sheet for Documents Requesting to be Sealed), #30 Exhibit 30 (Placeholder Sheet for Documents Requesting to be Sealed), #31 Exhibit 31 (Placeholder Sheet for Documents Requesting to be Sealed), #32 Exhibit 32 (Placeholder Sheet for Documents Requesting to be Sealed), #33 Exhibit 33 (Placeholder Sheet for Documents Requesting to be Sealed), #34 Exhibit 34 (Placeholder Sheet for Documents Requesting to be Sealed), #35 Exhibit 35 (Placeholder Sheet for Documents Requesting to be Sealed), #36 Exhibit 36 (Placeholder Sheet for Documents Requesting to be Sealed), #37 Exhibit 37 (Placeholder Sheet for Documents Requesting to be Sealed), #38 Exhibit 38 (Placeholder Sheet for Documents Requesting to be Sealed), #39 Exhibit 39 (Placeholder Sheet for Documents Requesting to be Sealed), #40 Exhibit 40 (Placeholder Sheet for Documents Requesting to be Sealed), #41 Exhibit 41 (Placeholder Sheet for Documents Requesting to be Sealed), #42 Exhibit 42 (Placeholder Sheet for Documents Requesting to be Sealed), #43 Exhibit 43 (Placeholder Sheet for Documents Requesting to be Sealed), #44 Exhibit 44 (Placeholder Sheet for Documents Requesting to be Sealed), #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70 (Placeholder Sheet for Documents Requesting to be Sealed), #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76 (Placeholder Sheet for Documents Requesting to be Sealed), #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Olsen, Michael)
December 2, 2022 Filing 2696 MOTION to Exclude (Defendants' Omnibus Motion to Exclude Plaintiff's Experts' Testimony) by 3M Company. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Defendants' Omnibus Memorandum of Law in Support of Their Motion to Exclude Plaintiff's Experts' Testimony)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Olsen, Michael)
December 2, 2022 Filing 2695 MOTION for Summary Judgment (Defendants' Omnibus Motion for Summary Judgment) by 3M Company. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Defendants' Omnibus Memorandum of Law in Support of Their Motion for Summary Judgment)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Olsen, Michael) Modified on 12/5/2022 to reference #2697 (in case 2:18-mn-02873-RMG, 164 in case 2:18-cv-03487-RMG) Additional Attachments filed 12/2/2022 (sshe, ).
December 2, 2022 Filing 2694 MOTION for Summary Judgment by Kidde-Fenwal Inc. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Giuffra, Robert)
December 2, 2022 Filing 2693 MOTION for Summary Judgment by Chemours Company FC LLC, The, E.I. DuPont de Nemours and Company, The Chemours Company. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Dwerlkotte, David)
December 2, 2022 Filing 2692 MOTION for Summary Judgment by Clariant Corporation. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support with Appendix A, #2 Exhibit Clariant Ex. 1, #3 Exhibit Clariant Ex. 2)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Weber, Steven)
December 2, 2022 Filing 2691 MOTION for Summary Judgment by Buckeye Fire Equipment Company. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit B.F.X. 1)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Carpenter, Michael)
December 2, 2022 Filing 2690 MOTION for Summary Judgment National Foam, Inc.'s Motion for Partial Summary Judgment by National Foam Inc. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit NF-1 Certificates of Incorporation, #3 Exhibit NF-2 Williams Deposition Transcript Excerpts, #4 Exhibit NF-3)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Smith, Keith)
December 2, 2022 Filing 2689 MOTION for Summary Judgment Dynax Corporation's Individual Motion for Summary Judgment and Joinder/Adoption in Other Defendants' Motions by Dynax Corporation. Response to Motion due by 12/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit DX-1, #3 Exhibit DX-2, #4 Exhibit DX-3, #5 Exhibit DX-4 - Williams Deposition Excerpts, #6 Exhibit DX-5, #7 Exhibit DX-6, #8 Exhibit DX-7, #9 Exhibit DX-8)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Ries, Addie)
December 2, 2022 Filing 2688 TEXT ORDER This Order Relates to Case No. 2:22-cv-1649-RMG. The Motion to Withdraw as Attorney #2683 (in case 2:18-mn-02873-RMG; (8) in case 2:22-cv-01649-RMG) is granted. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/2/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01649-RMG(sshe, )
December 1, 2022 Opinion or Order Filing 2687 ORDER This Order Relates to All Cases. The PEC's motion to compel (Dkt. No. #2318 ) is GRANTED IN PART AND DENIED IN PART. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/1/22.(sshe, )
December 1, 2022 Filing 2686 NOTICE of Appearance by Jason J Julius on behalf of Town of Webster, Town of West Bridgewater, Sandwich Water District Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03870-RMG, 2:22-cv-03871-RMG, 2:22-cv-03875-RMG(Julius, Jason)
November 28, 2022 Filing 2685 MDL CONDITIONAL TRANSFER ORDER #109, Received from the Multi-District Litigation Panel. (sshe, )
November 25, 2022 Filing 2684 Letter from United States re Jurisdictional Issues. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Kies, Marianne)
November 23, 2022 Filing 2683 MOTION to Withdraw as Attorney as additional counsel for Commonwealth of Massachusetts by Commonwealth of Massachusetts. Response to Motion due by 12/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01649-RMG(Sansone, Kenneth)
November 22, 2022 Filing 2682 NOTICE of Appearance by Kenneth A Sansone on behalf of Government Of Guam, Commonwealth of Massachusetts, Commonwealth of the Northern Mariana Islands Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03602-RMG, 2:20-cv-01399-RMG, 2:22-cv-01649-RMG(Sansone, Kenneth)
November 21, 2022 Filing 2681 NOTICE of Appearance by Mallory Street Sparks on behalf of Clariant Corporation Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Sparks, Mallory)
November 18, 2022 Filing 2680 TEXT ORDER re #2679 (in 2:18-mn-02873-RMG, 7 in 2:22-cv-00617-RMG). This Order Relates to Case No. 2:22-cv-00617-RMG. Plaintiff John Allan moves the Court to reinstate his claims because he has now supplied the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet pursuant to CMO No. 5. The Defense does not oppose the motion. The motion is GRANTED and Allan's claims in case No. 2:22-cv-00617-RMG are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/18/22. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00617-RMG(sshe, )
November 14, 2022 Filing 2679 First MOTION to Reopen Case by John Allan. Response to Motion due by 11/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00617-RMG(Zgoda, Richard)
November 9, 2022 Filing 2678 NOTICE of Appearance by Kenneth A Sansone on behalf of Barnstable County, City of Westfield, Massachusetts, New Hampshire, State of, City of Fairbanks, Alaska (Attachments: #1 Exhibit Case List)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03433-RMG, 2:18-cv-03435-RMG, 2:19-cv-01414-RMG, 2:19-cv-02285-RMG(Sansone, Kenneth)
November 8, 2022 Filing 2677 NOTICE of Change of Address by Glenn A. Friedman Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00366-RMG(Friedman, Glenn)
November 7, 2022 Opinion or Order Filing 2675 ORDER This Order Relates to: The Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss (Dkt. No. #2654 in case 2:18-mn-02873-RMG; (4) in case 2:22-cv-00573-RMG; (4) in case 2:22-cv-00597-RMG; (4) in case 2:22-cv-00617-RMG; (4) in case 2:22-cv-00860-RMG; (4) in case 2:22-cv-01343-RMG) is GRANTED. The claims of the plaintiffs listed in Exhibit A (Dkt. No. 2654-1) are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/7/22.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
November 7, 2022 Opinion or Order Filing 2674 ORDER This Order Relates to: 2:22-cv-00757-RMG. The Defense Leadership's motion to dismiss (Dkt. No. #2653 in case 2:18-mn-02873-RMG; (4) in case 2:22-cv-00757-RMG) is GRANTED. The claims of Richard Passino are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/7/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00757-RMG(sshe, )
November 5, 2022 Filing 2676 NOTICE of Voluntary Dismissal by Charles Rhodes(West, Timothy) Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1 Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02711-RMG(sshe, )
November 3, 2022 Filing 2673 NOTICE of Change of Address by Peter James Van Zandt Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00366-RMG(Van Zandt, Peter)
November 2, 2022 Filing 2672 MDL CONDITIONAL TRANSFER ORDER #108, Received from the Multi-District Litigation Panel. (sshe, )
November 2, 2022 Filing 2671 NOTICE of Voluntary Dismissal by Jonathan Baker(Shafer, Jeremy) Filing corrected for event type (not a Motion); Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03431-RMG(sshe, )
November 2, 2022 Filing 2670 CASE MANAGEMENT ORDER NO. 4.B. This Order Relates to All Actions. Please see Order for all Details regarding the SECOND AMENDMENT TO PROTECTIVE ORDER. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/2/2022. (sshe, )
November 2, 2022 Filing 2669 NOTICE of Appearance by Yilmaz Evran Turkeri on behalf of Allstar Fire Equipment Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00366-RMG, 2:21-cv-01572-RMG, 2:21-cv-01573-RMG(Turkeri, Yilmaz)
November 1, 2022 Filing 2668 NOTICE of Appearance by Judson O Littleton on behalf of Carrier Global Corporation, Raytheon Technologies Corporation (Littleton, Judson)
November 1, 2022 Filing 2667 NOTICE of Appearance by Nicole Friedlander on behalf of Carrier Global Corporation, Raytheon Technologies Corporation (Friedlander, Nicole)
November 1, 2022 Filing 2666 NOTICE of Appearance by Justin DeCamp on behalf of Carrier Global Corporation, Raytheon Technologies Corporation (DeCamp, Justin)
November 1, 2022 Filing 2665 NOTICE of Appearance by William B Monahan on behalf of Carrier Global Corporation, Raytheon Technologies Corporation (Monahan, William)
November 1, 2022 Filing 2664 NOTICE of Appearance by Robert J Giuffra, Jr on behalf of Carrier Global Corporation, Raytheon Technologies Corporation (Giuffra, Robert)
November 1, 2022 Filing 2663 NOTICE of Change of Address by Ralph A DeMeo Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02670-RMG(DeMeo, Ralph)
October 31, 2022 Filing 2662 TEXT ORDER This Order Relates to Case Number 2:19-cv-02281-RMG. The motion to withdraw James J. Bilsborrow as counsel by State of Vermont is GRANTED (Dkt. No. (86) in case 2:19-cv-02281-RMG). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/31/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(sshe, )
October 31, 2022 Filing 2661 NOTICE OF RESCHEDULED HEARING The next previously scheduled In-Person Monthly Status Conference will now be Telephonic. The December Monthly Status Conference will be via Telephone, upon order from the Court. Counsel please note this change. Telephone Conference set for 12/22/2022 09:00 AM before Honorable Richard M Gergel. Dial-in instructions will be circulated prior within the week of the hearing. (Clerk's Note to Liaison Counsel: Please remember to disseminate notice of change to all parties/counsel as soon as possible). (sshe, )
October 28, 2022 Filing 2660 NOTICE of Voluntary Dismissal by David Pelachik (Shafer, Jeremy) Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1 Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01491-RMG(sshe, )
October 26, 2022 Filing 2659 NOTICE of Voluntary Dismissal by South Adams County Water and Sanitation District as to W. S. Darley & Co. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03559-RMG(Taylor, Brandon)
October 26, 2022 Filing 2658 CASE MANAGEMENT ORDER NO. 2.B. This Order Relates to All Actions. This order amends Case Management Order (CMO) No. 2 to address mediation and the role of co-leads in mediation and settlement discussions. This CMO also appoints the Hon. Layn Phillips (ret.) to serve as a Court-appointed mediator to assist the parties. Please see Order for all Details regarding Appointment of Mediator. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/26/2022. (sshe, )
October 25, 2022 Filing 2657 TEXT ORDER granting #2642 (in case 2:18-mn-02873-RMG; (83) in case 2:19-cv-02281-RMG) Motion of Joshua R. Diamond to withdraw as counsel by State of Vermont. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/25/22.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(sshe, )
October 25, 2022 Filing 2656 Letter from Plaintiffs' Science Committee via Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A- Article re Exposure to Per and Polyfluoroalkyl substances and Mortality in US)(Thompson, Fred)
October 25, 2022 Filing 2655 NOTICE of Appearance by Christiaan A Marcum on behalf of Red Cliff Band of Lake Superior Chippewa Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03668-RMG(Marcum, Christiaan)
October 25, 2022 Filing 2654 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets by Defendants. Response to Motion due by 11/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Dukes, David)
October 25, 2022 Filing 2653 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 11/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00757-RMG(Dukes, David)
October 24, 2022 Filing 2652 DELETION OF DOCKET ENTRY NUMBER 2648 Reason: Attorney filing user direct filed complaint in management case instead of MDL shell case 2:20-av-55555; clerk has refiled entry correctly with payment receipt number for reference (clerk retrieved documents before deleting entry) Filing date of refiled entry is that of original filing: 10/21/2022 (sshe, )
October 24, 2022 Filing 2651 MDL CONDITIONAL TRANSFER ORDER #107, Received from the Multi-District Litigation Panel. (sshe, )
October 24, 2022 Filing 2650 NOTICE of Cancellation of Hearing: The November monthly status conference is cancelled for 11/18/2022 09:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Honorable Richard M Gergel. (sshe, )
October 24, 2022 Filing 2649 CASE MANAGEMENT ORDER NO. 19.F. This Order Relates to All Actions. SIXTH AMENDED SCHEDULING ORDER GOVERNING FIRST WATER PROVIDER BELLWETHER TRIAL. This CMO 19.F amends the schedule set forth in CMO 19 for the Water Provider Bellwether Trial Pool cases. For the resulting schedule for the selected case, City of Stuart v. 3M Company, et al., (No. 2:18-cv-3487-RMG), please see Order for details and deadlines. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/24/22. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(sshe, )
October 21, 2022 Filing 2647 Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 10/21/2022. There will be no monthly status conference in November. The next in-person status conference is set for 12/22/2022 09:00 AM. Court Reporter Lisa Smith. (cper, )
October 18, 2022 Filing 2646 Letter from Defense Co-Lead Counsel. (Attachments: #1 Exhibit A - PFAS Exposure Assessments Final Report)(Kitts, Amanda)
October 14, 2022 Filing 2645 Letter from DCC. (Attachments: #1 Exhibit A - Proposed CMO 19-F)(Duffy, Brian)
October 14, 2022 Filing 2644 Letter from PEC Regarding Bellwether Settings. (Attachments: #1 Exhibit A- PEC's Proposed Plan, #2 Exhibit B-PEC's Proposed Order for Town of Ayer and City of Sioux Falls)(Thompson, Fred)
October 14, 2022 Filing 2643 Text Order. On September 16, 2022, the Court unsealed all exhibits cited in its order denying Defendants' motion for summary judgment on government contractor immunity. (Dkt. No. 2067). On September 19, 2022, the Court granted the government's request to stay the unsealing order. (Dkt. No. 2067). The government and defendant 3M subsequently filed briefing regarding the unsealing order. (Dkt. Nos. 2617, 2618). After consideration of the noted briefing, the Court finds that, with the exception of certain exhibits noted infra, the unsealing of all exhibits cited in the summary judgment order is required because the public's right of access to court records predominates over any private interest in confidentiality. See Doe v. Public Citizen, 749 F.3d 246 (4th Cir. 2014). The Court finds, however, that as to the deposition of John Farley, only that portion of said deposition cited in the Court's order on government contractor immunity shall be unsealed as the remainder contains "confidential Navy testing of AFFF products and fire suppression systems on advanced Navy ship classes." (Dkt. No. 2606 at 2). Plaintiffs are directed to supply the clerk a version of Farley's testimony containing only those sections cited in the summary judgment order. The Court also declines to unseal Defendants' Exhibit 109, Dkt. Nos. 1971-9 (slipsheet) & 2594-10 (under seal), which is the unredacted, Highly Confidential Department of Defense Inspector General report entitled Evaluation of the Department of Defense's Actions to Control Contaminant Effects from Perfluoroalkyl and Polyfluoroalkyl Substances at Department of Defense Installations ("DoD IG Report"). As noted by the government, a redacted version of the DoD IG Report is publicly available and the unredacted version raises issues related to deliberative privilege. (Dkt. No. 2617 at 1-2). Further, as to the deposition of John Butenhoff, the Court declines to unseal pages 404:6-408:12 as they contain irrelevant, personal health information. See Davis v. Elwyn, 2021 WL 4902333 at *4 (E.D. Pa. Oct 20, 2021) (quoting Moore v. CVS Rx Servs., Inc., 660 F. App'x 149, 153 N.4 (3d Cir. 2016)). Plaintiffs are directed to supply the clerk a replacement of Plaintiffs' Exhibit 7, (Dkt. No. 2063-7), in which the testimony at 404:6-408:12 is redacted. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 10/14/22. (sshe, )
October 11, 2022 Filing 2642 MOTION to Withdraw as Attorney Joshua R. Diamond by State of Vermont. Response to Motion due by 10/25/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(Krass, Benjamin)
October 11, 2022 Filing 2641 AMENDMENT TO ORDER APPROVING ATTORNEYS' FEES AND COSTS This Document relates to Case No. 2:19-cv-00422-RMG Campbell v. Tyco Fire Products LP et al re (1813 in 2:18-mn-02873-RMG, 1813 in 2:18-mn-02873-RMG). IT IS HEREBY ORDERED THAT Paragraph 9 of this Court's ORDER APPROVING ATTORNEYS' FEES AND COSTS dated August 4, 2021 (Docket Entry Number 1813) shall be amended. Please See Order for All Details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 10/11/2022. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00422-RMG(sshe, )
October 7, 2022 Filing 2640 REPLY to Response to Motion re #2604 MOTION to Compel Discovery from TOG Defedants Response filed by Plaintiffs. (Attachments: #1 Affidavit Declaration of Andrew Croner, #2 Exhibit W- Email chain between Andrew Croner and Kurt Weaver, #3 Exhibit X-Plaintiffs' First Set of Interrogatories and RTP to 3M, #4 Exhibit Y- 7/15/19 letter from Liam Montgomery, #5 Exhibit Z- 2/25/19 Status Conference Excerpt)(Thompson, Fred)
October 7, 2022 Filing 2639 Letter from PEC regarding Daubert Page Limits. (Thompson, Fred)
October 7, 2022 Filing 2638 MDL CONDITIONAL TRANSFER ORDER #106, Received from the Multi-District Litigation Panel. (sshe, )
October 7, 2022 Filing 2637 NOTICE of Appearance by Jason J Julius on behalf of Town of Uxbridge, North Raynham Water District, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Julius, Jason)
October 3, 2022 Filing 2636 Letter from Defense Co-Lead Counsel Regarding Daubert Briefing. (Kitts, Amanda)
October 3, 2022 Filing 2635 NOTICE of Appearance by Philip F Cossich on behalf of Town of Uxbridge, North Raynham Water District, City of Fairborn, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Cossich, Philip)
October 3, 2022 Filing 2634 NOTICE of Appearance by Christina Cossich on behalf of Town of Uxbridge, North Raynham Water District, City of Fairborn, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Cossich, Christina)
October 3, 2022 Filing 2633 NOTICE of Appearance by Brandon J Taylor on behalf of Town of Uxbridge, North Raynham Water District, City of Fairborn, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Taylor, Brandon)
October 3, 2022 Filing 2632 NOTICE of Appearance by Luana N Smith on behalf of Town of Uxbridge, North Raynham Water District, City of Fairborn, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Smith, Luana)
October 3, 2022 Filing 2631 Letter from Plaintiffs' Executive Committee Regarding Bellwether Schedule. (Thompson, Fred)
October 3, 2022 Filing 2630 MDL CONDITIONAL TRANSFER ORDER #105, Received from the Multi-District Litigation Panel. (sshe, )
September 30, 2022 Filing 2628 STATUS REPORT Second Amended Statement of Defenses by United States of America. (Anwar, Haroon)
September 30, 2022 Filing 2627 RESPONSE in Opposition re #2604 MOTION to Compel Discovery from TOG Defedants Joint Objection and Opposition Response filed by Honeywell International Inc..Reply to Response to Motion due by 10/7/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Ex. A - Decl. of James F. Bogan III, #2 Exhibit Ex. A-1 - Hng. Tr. Jul. 26, 2019, #3 Exhibit Ex. A-2 - Hng Tr. Feb. 25, 2019, #4 Exhibit Ex. A-3 - Hng. Tr. Sept. 23, 2022, #5 Exhibit Ex. A-4 - Hng. Tr. Jun. 21, 2019, #6 Exhibit Ex. A-5 - Hng. Tr. Apr. 5, 2019, #7 Exhibit Ex. A-6 - Hng. Tr. May 17, 2019, #8 Exhibit Ex. A-7 - Proposed TOG PFS, #9 Exhibit Ex. A-8 - Babstock Complaint, #10 Exhibit Ex. A-9 - Mauldin Complaint)(Weaver, Kurt)
September 30, 2022 Filing 2626 NOTICE of Appearance by Scott Summy on behalf of Town of Uxbridge, North Raynham Water District, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Summy, Scott)
September 29, 2022 Filing 2625 NOTICE of Appearance by Carla Burke Pickrel on behalf of Town of Uxbridge, North Raynham Water District, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(Burke Pickrel, Carla)
September 29, 2022 Filing 2624 NOTICE of Appearance by Lori A Dvorak on behalf of Middlesex County Fire Marshal Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Dvorak, Lori)
September 29, 2022 Filing 2623 NOTICE of Voluntary Dismissal by Joseph Hayes, Tara Hayes, Joseph Metress, Linda Metress, John Robilotti, Jennifer Somerville, Raymond Somerville, Robert Wilday, William Bernhard, Paul Berube, Michael Carr, Michael Clark, Paul Cotter, David Ford, Kevin Hartigan, Onslow James, Stephen Lydon, Joseph Marchetti, Michael O'Reagan, Robert Pastor, Daniel Ranahan, Jessica Ranahan, Mark Whalen, Stephen Wilder of Defendant Fire Service Plus, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-00711-RMG(Pritzker, Elizabeth)
September 29, 2022 Filing 2622 NOTICE of Appearance by Cary L McDougal on behalf of Town of Uxbridge, North Raynham Water District, Town of Millis, Town of Avon, Town of Chatham, RAYNHAM CENTER WATER DISTRICT, Lunenburg Water District Associated Cases: 2:18-mn-02873-RMG et al.(McDougal, Cary)
September 27, 2022 Filing 2621 NOTICE of Voluntary Dismissal by Chelmsford Water District as to all Defendants Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03165-RMG(Croner, Andrew)
September 27, 2022 Filing 2620 STATUS REPORT by Carteret Fire Department,. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Shotmeyer, Amy)
September 27, 2022 Filing 2619 NOTICE of Appearance by Amy E Shotmeyer on behalf of Carteret Fire Department, Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Shotmeyer, Amy)
September 26, 2022 Filing 2618 Letter from Daniel L. Ring. (Ring, Daniel)
September 26, 2022 Filing 2617 Letter from United States, Re Court's Unsealing Order (ECF No. 2605). (Attachments: #1 Exhibit A (Excerpt of Farley Deposition))(Kies, Marianne)
September 26, 2022 Filing 2616 NOTICE of Appearance by Mark A Chertok on behalf of The Port Authority of New York and New Jersey Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03076-RMG(Chertok, Mark)
September 26, 2022 Filing 2615 NOTICE of Appearance by Elizabeth Knauer on behalf of The Port Authority of New York and New Jersey Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-03076-RMG(Knauer, Elizabeth)
September 23, 2022 Filing 2614 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 9/23/2022, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail karen_e_martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 10/14/2022. Redacted Transcript Deadline set for 10/24/2022. Release of Transcript Restriction set for 12/22/2022. (kmartin, )
September 23, 2022 Opinion or Order Filing 2613 ORDER Designating First Bellwether Water Provider Trial and Regarding Submissions to the Court The Court held a status conference and formalizes various rulings in this Order. The Court designates City of Stuart v. 3M Company, et al., No. 2:18-cv-3487-RMG, for the first bellwether trial. The trial will commence on Monday, June 5, 2023. All further details and deadlines set forth in Order. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/23/22. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(sshe, )
September 23, 2022 Filing 2612 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Status Conference held on 9/23/2022. Court Reporter Karen Martin. (cper, )
September 22, 2022 Filing 2611 MDL CONDITIONAL TRANSFER ORDER #104, Received from the Multi-District Litigation Panel. (sshe, )
September 21, 2022 Filing 2610 TEXT ORDER granting #2598 (in case 2:18-mn-02873-RMG; (80) in case 2:19-cv-02281-RMG) Motion to Withdraw Allan Kanner, Elizabeth B. Petersen, and Allison S. Broukas as attorneys for Plaintiff State of Vermont. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/21/22.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(sshe, )
September 21, 2022 Filing 2609 NOTICE of Appearance by Francis M Ervin, II on behalf of Insurance Auto Auctions, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Ervin, Francis)
September 20, 2022 Filing 2608 NOTICE of Appearance by Thomas McRoy Shelley, III on behalf of Insurance Auto Auctions, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Shelley, Thomas)
September 19, 2022 Filing 2607 TEXT ORDER The government's request (Dkt. No. 2606) to stay the Court's unsealing order (Dkt. No. 2605) for seven business days is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/19/2022. (sshe, )
September 17, 2022 Filing 2606 Letter from Frederick Gaston Hall. (Hall, Frederick)
September 16, 2022 Filing 2605 TEXT ORDER The Court unseals all documents cited in the order denying Defendants' motion for summary judgment on government contractor immunity. (Dkt. No. 2601). The Court finds the unsealing is required because the public's right of access to court records predominates over any private interest in confidentiality. See Doe v. Public Citizen, 749 F.3d 246 (4th Cir. 2014). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/16/22. (sshe, )
September 16, 2022 Filing 2604 MOTION to Compel Discovery from TOG Defedants by Plaintiffs. Response to Motion due by 9/30/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Declaration of Andrew Croner, #2 Exhibit A- Interrogatories and RFP TOG Defendants, #3 Exhibit B- Interrogatories and RFP Fire Dex, #4 Exhibit C- Discovery Responses TOG Defendants, #5 Exhibit D- Discovery Responses Fire Dex, #6 Exhibit E- 5/17/22 email chain, #7 Exhibit F- 5/20 and 5/23/22 email chain, #8 Exhibit G- 5/25/22 email chain, #9 Exhibit H- 6/6/22 email chain, #10 Exhibit I 7/8/22 email chain, #11 Exhibit J- 7/22/22 letter from Croner to Weaver, #12 Exhibit K- Excerpt from JSR of 8/12/22, #13 Exhibit L- 8/16/22 letter from Weaver to Croner, #14 Exhibit M- 8/31/22 Letter from Croner to Weaver, #15 Exhibit N- 9/5/22 and 9/6/22 email chain, #16 Exhibit O- 9/13/22 letter from Weaver to Croner, #17 Exhibit P- Excerpt from 12/13/19 status conference transcript, #18 Exhibit Q- Excerpt from 4/4/20 Status conference transcript, #19 Exhibit R- Excerpt from 7/26/19 status conference transcript, #20 Exhibit S- Excerpt from JSR of 12/4/20, #21 Exhibit T- Excerpt from 11/1/19 status conference, #22 Exhibit U- letter from Ring dated 6/28/19, #23 Exhibit V- Excerpt from 6/21/19 status conference transcript)No proposed order.(Thompson, Fred)
September 16, 2022 Filing 2603 DELETION OF DOCKET ENTRY NUMBER 2599 Reason: clerk refiled correctly per Judge's filing preferences Corrected Filing Document Number #2602 Filing date is that of original filing: 9/14/2022 (sshe, )
September 16, 2022 Opinion or Order Filing 2601 ORDER AND OPINION This Order Relates to All Cases. Defendants' motion for summary judgment on the government contractor immunity defense (Dkt. Nos. #1965 , #2346 reference #2347 , #2348 ) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/16/2022.(sshe, )
September 15, 2022 Filing 2600 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Oral Arguments held on 8/19/2022, before Judge Richard M. Gergel. Court Reporter/Transcriber Lisa D. Smith, Telephone number/E-mail lisa_smith@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 10/6/2022. Redacted Transcript Deadline set for 10/17/2022. Release of Transcript Restriction set for 12/14/2022. (lsmi, )
September 14, 2022 Filing 2602 STIPULATION of Dismissal Without Prejudice by Sentinel Emergencies Solutions.(McCullough, Clayton) Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1 Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00365-RMG(sshe, ) (Entered: 09/16/2022)
September 14, 2022 Filing 2598 MOTION to Withdraw as Attorney by State of Vermont. Response to Motion due by 9/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(Kanner, Allan)
September 13, 2022 Filing 2597 Sealed Document in re document #2063 . (Attachments: #1 Exhibit 1- Downing Declaration, #2 Exhibit 2- Darwin Transcript Vol 1, #3 Exhibit 4- Regina Transcript Vol 2, #4 Exhibit 6- Declaration of Linda Birnbaum, #5 Exhibit 7- Butenhoff Transcript Vol 2, #6 Exhibit 21- Butenhoff Transcript Vol 1, #7 Exhibit 24-Falco Transcript, #8 Exhibit 35- Farley Transcript Vol 1, #9 Exhibit 46- Prins Transcript, #10 Exhibit 70- Walker Transcript Vol 1, #11 Exhibit 73- Ublacker Transcript, #12 Exhibit 77- Moza Transcript, #13 Exhibit 78- Fieldler Transcript, #14 Exhibit 79- Novac Transcript, #15 Exhibit 105- 4/13/94 correspondence re contamination of water tank, #16 Exhibit 106- Bowling Transcript, #17 Exhibit 109- Regina Transcript Vol 1, #18 Exhibit 110- Chemguard Specialty Chemical and Fire Supporession Products: An Environmental Statement, #19 Exhibit 111- Chemguard Fluorosurfactants Environmental Position, #20 Exhibit 113- Devonshire Transcript, #21 Exhibit 114-Sheinson Transcript, #22 Exhibit 116- FAQs: PFOS, PFOA and Firefighting Foams, #23 Exhibit 117- Introduction to Chemguard, #24 Exhibit 118- Kleiner Transcript Vol. 2)(Thompson, Fred)
September 13, 2022 Filing 2596 Letter from Campbell Class Counsel. (Attachments: #1 Proposed Order)Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00422-RMG(Napoli, Paul)
September 12, 2022 Filing 2595 Sealed Document in re document #2141 . (Dukes, David)
September 12, 2022 Filing 2594 Sealed Document in re document #1965 . (Attachments: #1 Exhibit 18 - Dep. of John Farley ( excerpt UNDER SEAL), #2 Exhibit 22 - Dep. of Frederick Walker (excerpt UNDER SEAL), #3 Exhibit 24 - FF_DOD09_00014970 (UNDER SEAL), #4 Exhibit 26 - FF_AF10_00017188 (UNDER SEAL), #5 Exhibit 28 - FF_NAVY09_00000080 (UNDER SEAL), #6 Exhibit 33 - FF-NAVY09-00000001 (UNDER SEAL), #7 Exhibit 59 - FF_AF06-00096193 (UNDER SEAL), #8 Exhibit 93 - DOD06-00004809 (UNDER SEAL), #9 Exhibit 94 - DOD06_00004244 (UNDER SEAL), #10 Exhibit 109 - FF_DOD08_00000001 (UNDER SEAL), #11 Exhibit 110 - DOD02-00000794 (UNDER SEAL), #12 Exhibit 111 - FF_DOD006_00005637 (UNDER SEAL)., #13 Exhibit 112 - PENNA-NAVY-018315 (UNDER SEAL), #14 Exhibit 126 - DOD02-00000766 (UNDER SEAL))(Dukes, David)
September 12, 2022 Opinion or Order Filing 2593 ORDER This Order Relates to All Cases. Plaintiffs' motion to seal (Dkt. No. #2582 ) is GRANTED. Plaintiffs are directed to file on the docket, under seal, an unredacted version of their response to Telomer MilSpec AFFF Manufacture's Supplemental Filing After August 19, 2022 Oral Argument. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 9/12/22.(sshe, )
September 9, 2022 Filing 2592 Letter from Plaintiffs' Executive Committee Regarding Bellwether Selection. (Thompson, Fred)
September 9, 2022 Filing 2591 Letter from Michael A. Olsen. (Olsen, Michael)
September 8, 2022 Filing 2590 MDL CONDITIONAL TRANSFER ORDER #103, Received from the Multi-District Litigation Panel. (sshe, )
September 8, 2022 Filing 2589 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Hopelawn Fire Department, Iselin Fire Department #11, Iselin Fire Department #9. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Airgood, Victoria)
September 7, 2022 Filing 2588 TEXT ORDER re #2581 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-3448-RMG). This Order Relates to Case No. 2:21-cv-3448-RMG. Plaintiff Stan Barduca moves the Court to reinstate his claims because he has now supplied the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet pursuant to CMO No. 5. The Defense does not oppose the motion. The motion is GRANTED and Barduca's claims in case No. 2:21-cv-3448 are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/7/22. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03448-RMG(sshe, )
September 7, 2022 Filing 2587 TEXT ORDER re #2580 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-03567-RMG). This Order Relates to Case No. 2:21-cv-03567-RMG. Plaintiff Jerome Harrison moves the Court to reinstate his claims because he has now supplied the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet pursuant to CMO No. 5. The Defense does not oppose the motion. The motion is GRANTED and Harrison's claims in case No. 2:21-cv-03567 are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/7/22. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03567-RMG(sshe, )
September 7, 2022 Filing 2586 TEXT ORDER re #2579 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-04159-RMG). This Order Relates to Case No. 2:21-cv-04159-RMG. Plaintiff Alan Walker moves the Court to reinstate his claims because he has now supplied the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet pursuant to CMO No. 5. The Defense does not oppose the motion. The motion is GRANTED and Walker's claims in case No. 2:21-cv-04159 are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/7/22. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-04159-RMG(sshe, )
September 6, 2022 Filing 2585 MDL CONDITIONAL TRANSFER ORDER #102, Received from the Multi-District Litigation Panel. (sshe, )
September 6, 2022 Opinion or Order Filing 2584 ORDER This Order Relates to Case No. 2:20-cv-00632-RMG. Plaintiff's motion to amend (Dkt. No. #2572 in 2:18-mn-02873-RMG; 20 in 2:20-cv-00632-RMG) is GRANTED and Plaintiff is directed to promptly file the amended complaint. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 9/6/22. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00632-RMG(sshe, )
September 2, 2022 Filing 2583 Letter from Michael A. Olsen. (Olsen, Michael)
September 2, 2022 Filing 2582 MOTION to Seal Portions of Dkt. Number 2576 by Plaintiffs. Response to Motion due by 9/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1- Index, #2 Exhibit 2- Certificate of Compliance, #3 Exhibit 3- Placeholder sheets, #4 Proposed Order 4- Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
September 1, 2022 Filing 2581 MOTION to Reopen Case by Stan Barduca. Response to Motion due by 9/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03448-RMG(Sullivan, Stephen)
September 1, 2022 Filing 2580 MOTION to Reopen Case by Jerome Harrison. Response to Motion due by 9/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03567-RMG(Sullivan, Stephen)
September 1, 2022 Filing 2579 MOTION to Reopen Case by Alan Walker, Pamela Walker. Response to Motion due by 9/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-04159-RMG(Sullivan, Stephen)
August 31, 2022 Filing 2578 Sealed Document in re document #2560 . (Attachments: #1 Exhibit 259- Walker deposition excerpt, #2 Exhibit 260- 6/12/15 email re PFOA PFOS Sampling- Crash Site)(Thompson, Fred)
August 31, 2022 Filing 2577 REPLY by Plaintiffs to #2566 Reply, to 3M's Supplemental Filing Pursuant to 8/19/22 Order. (Attachments: #1 Exhibit 269- Excerpt of Dale Bacon deposition transcript, #2 Exhibit 270- Material Risk Information Known to 3M)(Thompson, Fred)
August 31, 2022 Filing 2576 REPLY by Plaintiffs to #2564 Reply, of Telomer Defendants' Supplemental Filing Pursuant to 8/19/22 Order. (Thompson, Fred) (Main Document 2576 replaced on 9/2/2022) (sshe, ). Modified on 9/2/2022 to replace with redacted document as requested and provided by filing user (sshe, ).
August 31, 2022 Filing 2575 TEXT ORDER This Order Relates to All Actions. The Court grants #2568 Motion for Laura O. Aradi to Withdraw as Attorney by AGC Chemicals Americas Inc. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 8/31/22.(sshe, )
August 31, 2022 Filing 2574 Sealed Document in re document #2564 . (Attachments: #1 Exhibit TMM 68, #2 Exhibit TMM 69)(Dukes, David)
August 30, 2022 Filing 2573 NOTICE of Voluntary Dismissal by George Gilliland Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02289-RMG(Zgoda, Richard)
August 30, 2022 Filing 2572 MOTION to Substitute Party and Amend Complaint by James Hunter. Response to Motion due by 9/13/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Personal Representative Appointment, #2 Amended Complaint, #3 Proposed Order)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00632-RMG(Cunningham, Merritt)
August 30, 2022 Filing 2571 SUGGESTION OF DEATH Upon the Record as to Plaintiff James Hunter by James Hunter. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00632-RMG(Cunningham, Merritt)
August 30, 2022 Opinion or Order Filing 2570 ORDER This Order Relates to All Cases. The Telomer Defendants' motion to seal (Dkt. No. #2565 ) is GRANTED. The Telomer Defendants are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/30/22.(sshe, )
August 30, 2022 Opinion or Order Filing 2569 ORDER This Order Relates to All Cases. Plaintiffs' motion to seal (Dkt. No. #2561 ) is GRANTED. Plaintiffs are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/30/22.(sshe, )
August 29, 2022 Filing 2568 MOTION to Withdraw as Attorney Laura O. Aradi by AGC Chemicals Americas Inc.. Response to Motion due by 9/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Condron, Peter)
August 29, 2022 Filing 2567 TEXT ORDER re #2562 (in 2:18-mn-02873-RMG, 7 in 2:22-cv-00530-RMG) This Order Relates to Case No. 2:22:cv-00530. Plaintiff Anthony Board moves the Court to reinstate his claims because he has now supplied the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet pursuant to CMO. No. 5. The Defense does not oppose the motion. The motion is GRANTED. Board's claims in case No. 2:22-cv-00530 are hereby reinstated pursuant to CMO No. 5. Entered at the Direction of Honorable Richard M Gergel on 8/29/22. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00530-RMG(sshe, )
August 26, 2022 Filing 2566 REPLY by 3M Company to #2547 Order,, (Defendant 3M Company's Supplemental Filing). (Attachments: #1 Exhibit A - 3M Submissions to EPA Prior to 1998, #2 Exhibit B - 3M Submissions to EPA (1998 - 2000), #3 Exhibit C - 3M Submissions to EPA (2001 - present))(Olsen, Michael)
August 26, 2022 Filing 2565 MOTION to Seal Certain Exhibits to Telomer MilSpec Manufacturers Supplemental Filing by Defendants. Response to Motion due by 9/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Index, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Placeholder, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
August 26, 2022 Filing 2564 REPLY by Defendants to #2547 Order,, Telomer MilSpec AFFF Manufacturers Supplemental Filing. (Attachments: #1 Appendix Exhibit List, #2 Exhibit TMM Ex. 67, #3 Exhibit TMM Ex. 68, #4 Exhibit TMM Ex. 69, #5 Exhibit TMM Ex. 70, #6 Exhibit TMM Ex. 71, #7 Exhibit TMM Ex. 72, #8 Exhibit TMM Ex. 73)(Dukes, David)
August 26, 2022 Filing 2563 Letter from Frederick Gaston Hall. (Attachments: #1 Exhibit Proposed Rule for Designation of PFOA and PFOS as CERCLA Hazardous Substances)(Hall, Frederick)
August 26, 2022 Filing 2562 First MOTION to Reopen Case by Anthony Board. Response to Motion due by 9/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00530-RMG(Zgoda, Richard)
August 24, 2022 Filing 2561 MOTION to Seal Exhibits Annexed to Plaintiffs' Response to 8/19/22 Order (dkt. 2560) by Plaintiffs. Response to Motion due by 9/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Index, #2 Exhibit Certificate of Compliance, #3 Exhibit Placeholder, #4 Proposed Order Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
August 24, 2022 Filing 2560 REPLY by Plaintiffs to #2547 Order,, . (Attachments: #1 Exhibit 256- 7/29/22 Gravel Deposition Excerpt, #2 Exhibit 257- Placeholder for Higgins Expert Report, #3 Exhibit 258- 3M Recommendation Regarding Prioritization of PFOS, #4 Exhibit 259- Placeholder for Walker Depo Excerpt, #5 Exhibit 260- Placeholder for 6/12/15 email from Kenneth Bowers, #6 Exhibit 261- 2/4/05 email from Doug Baryiski, #7 Exhibit 262- Update on EPA's PFOA-Related Activities April 2007, #8 Exhibit 263- Declaration of Melvin Andersen, Ph.D., #9 Exhibit 264- Hagen Article re: Transformation of Perfluorodecanol to Perfluorooctanoate, #10 Exhibit 265- Slides- Telomer Continued Use Timeline, #11 Exhibit 266- Slides- Evidence DoD Relies on EPA, #12 Exhibit 267- Slides- 3M Continued Use/Prong 3 Timeline, #13 Exhibit 268- Slides- Testimony re: Govt Knowledge of Degradation)(Thompson, Fred)
August 24, 2022 Opinion or Order Filing 2559 ORDER This Order Relates to Case No. 2:22-cv-02593-RMG. Defendants Iselin Fire Department #9 and Iselin Fire Department #11's motion to remand (Dkt. No. 2524 in 2:18-mn-02873-RMG, 46 in 2:22-cv-02593-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/24/22. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(sshe, )
August 24, 2022 Filing 2558 MDL CONDITIONAL TRANSFER ORDER #101, Received from the Multi-District Litigation Panel. (sshe, )
August 23, 2022 Opinion or Order Filing 2557 ORDER This Order Relates to: The Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss (Dkt. No. #2544 in case 2:18-mn-02873-RMG; (4) in case 2:21-cv-03504-RMG; (4) in case 2:22-cv-00272-RMG; (4) in case 2:22-cv-00530-RMG) is GRANTED. The claims of the plaintiffs listed in Exhibit A (Dkt. No. 2544-1) are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03504-RMG, 2:22-cv-00272-RMG, 2:22-cv-00530-RMG(sshe, )
August 23, 2022 Opinion or Order Filing 2556 ORDER This Order Relates to: The Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss (Dkt. No. #2542 in case 2:18-mn-02873-RMG; (4) in case 2:21-cv-03448-RMG; (4) in case 2:21-cv-03558-RMG; (4) in case 2:21-cv-03567-RMG; (4) in case 2:21-cv-04157-RMG; (4) in case 2:21-cv-04159-RMG; moot as to (4) in case 2:21-cv-04175-RMG; (4) in case 2:22-cv-00283-RMG) is GRANTED. (See pg. 3 footnote 1) The claims of the plaintiffs listed in Exhibit A (Dkt. No. 2542-1) are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
August 23, 2022 Opinion or Order Filing 2555 ORDER This Order Relates to: The Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss (Dkt. No. #2541 in case 2:18-mn-02873-RMG; (5) in case 2:21-cv-02825-RMG; (5) in case 2:21-cv-02917-RMG; (5) in case 2:21-cv-03419-RMG; (4) in case 2:21-cv-03892-RMG) is GRANTED. The claims of the plaintiffs listed in Exhibit A (Dkt. No. 2541-1) are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
August 23, 2022 Opinion or Order Filing 2554 ORDER This Order Relates to: Case No. 2:21-cv-03295-RMG. The Defense Leadership's motion to dismiss (Dkt. No. #2540 in case 2:18-mn-02873-RMG; (4) in case 2:21-cv-03295-RMG) is GRANTED. Plaintiff Phillip Pearson's claims are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5 (See pg. 3 footnote 1). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03295-RMG(sshe, )
August 23, 2022 Opinion or Order Filing 2553 ORDER This Order Relates to: Case No. 2:21-cv-03882-RMG. The Defense Leadership's motion to dismiss (Dkt. No. #2539 in case 2:18-mn-02873-RMG; (10) in case 2:21-cv-03882-RMG) is GRANTED. Plaintiff David Smith's claims are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03882-RMG(sshe, ) Modified on 8/24/2022 to correct link (sshe, ).
August 23, 2022 Opinion or Order Filing 2552 ORDER This Order Relates to: Case No. 2:22-cv-00498-RMG. The Defense Leadership's motion to dismiss (Dkt. No. #2538 in case 2:18-mn-02873-RMG; (4) in case 2:22-cv-00498-RMG) is GRANTED. Plaintiff Mark Engle's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00498-RMG(sshe, )
August 23, 2022 Opinion or Order Filing 2551 ORDER This Order Relates to: The Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss (Dkt. No. #2537 in case 2:18-mn-02873-RMG; (5) in case 2:21-cv-03051-RMG; (5) in case 2:21-cv-03983-RMG) is GRANTED. All claims brought by plaintiffs in the member cases listed in Exhibit A (Dkt. No. 2537-1) are dismissed without prejudice and subject to reinstatement pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/23/22.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03051-RMG, 2:21-cv-03983-RMG(sshe, )
August 22, 2022 Filing 2550 STIPULATION of Dismissal Without Prejudice only as to David Smith by David Smith.(Skinner, Stephen) Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03882-RMG Refiled correctly in management case and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1, instead of separate duplicate filings (sshe, )
August 22, 2022 Filing 2549 TEXT ORDER This Order Relates to Case No. 2:20-cv-01478-RMG granting #2536 (in case 2:18-mn-02873-RMG; (64) in case 2:20-cv-01478-RMG) the withdrawal of Andrew Cvitanovic as additional counsel for City of Pensacola. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 8/22/22.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(sshe, )
August 19, 2022 Filing 2548 CASE MANAGEMENT ORDER NO. 19.E. This Order Relates to All Actions. Fifth Amended Scheduling Order Governing First Water Provider Bellwether Trial This CMO 19-E amends the schedule set forth in CMO 19 for the Water Provider Bellwether Trial Pool cases. Please see Order for resulting schedule details and deadlines. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/19/22. (sshe, )
August 19, 2022 Opinion or Order Filing 2547 ORDER Regarding Supplementation of the Record and Documents Used at August 19, 2022 Oral Arguments This Document Relates to All Actions. On August 19, 2022, the Court held oral arguments on Defendants' motion for summary judgment on the government contractor immunity defense. During the hearing the Court made various rulings. Please see Order for formalized further Details and any Deadlines. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/19/22. (sshe, )
August 19, 2022 Filing 2546 COURT EXHIBIT by Plaintiffs: Exhibit 1 Email (2 pages) sent 6-12-2005 Subject: PFOA PFOS Sampling. No attachment to email included.(cper, )
August 19, 2022 Filing 2545 Minute Entry. Proceedings held before Honorable Richard M Gergel: Motion Hearing held on 8/19/2022 re #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense filed by Defendants, #2065 Plaintiffs' Objections to Defendants' Motion for Partial Summary Judgment and #2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense filed by 3M Company. Court to issue text order outlining schedule for submissions. Attachment: Plaintiffs' exhibit 1. Court Reporter Lisa Smith. (cper, ) (cper, ).
August 18, 2022 Filing 2544 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Gacovino/Environmental Litigation by Defendants. Response to Motion due by 9/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - 5.2.22 Notice of Non-Compliance, #3 Exhibit C - 6.22.22 Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03504-RMG, 2:22-cv-00272-RMG, 2:22-cv-00530-RMG(Dukes, David)
August 18, 2022 Filing 2543 Withdrawal of Motions: as to Plaintiff Kevin Kennedy and Plaintiff Delwayne Abbott Only, does not term either Motion (2542 in 2:18-mn-02873-RMG, 4 in 2:21-cv-04175-RMG) MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Wilentz, Goldman & Spitzer filed by Defendants, (2540 in 2:18-mn-02873-RMG, 5 in 2:21-cv-03116-RMG) MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Murray Law Firm filed by Defendants.. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03116-RMG, 2:21-cv-04175-RMG(Dukes, David) Modified on 8/18/2022 to edit docket text for clarification (sshe, ).
August 18, 2022 Filing 2542 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Wilentz, Goldman & Spitzer by Defendants. Response to Motion due by 9/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - 5.2.22 Notice of Non-Compliance, #3 Exhibit C - 6.23.22 Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Dukes, David)
August 18, 2022 Filing 2541 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Stag Liuzza by Defendants. Response to Motion due by 9/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - 1.13.22 Notice of Non-Compliance, #3 Exhibit C - 5.02.22 Miceli Notice of Non-Compliance, #4 Exhibit D - 5.02.22 Duenas Notice of Non-Compliance, #5 Exhibit E - 6.23.22 Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Dukes, David)
August 17, 2022 Filing 2540 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Murray Law Firm by Defendants. Response to Motion due by 8/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - 1.14.22 Notice of Non-Compliance, #3 Exhibit C - 5.02.22 Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03116-RMG, 2:21-cv-03295-RMG(Dukes, David)
August 17, 2022 Filing 2539 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet - Skinner Law by Defendants. Response to Motion due by 8/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03882-RMG(Dukes, David)
August 17, 2022 Filing 2538 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet - Ferraro Law Firm by Defendants. Response to Motion due by 8/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00498-RMG(Dukes, David)
August 17, 2022 Filing 2537 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets - Banner Legal by Defendants. Response to Motion due by 8/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - 1.14.22 Notice of Non-Compliance, #3 Exhibit C - 4.29.22 Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03051-RMG, 2:21-cv-03983-RMG(Dukes, David)
August 17, 2022 Filing 2536 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/31/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Cvitanovic, Andrew)
August 16, 2022 Opinion or Order Filing 2535 ORDER Regarding Oral Argument for Government Contract Immunity The Court issues this order to provide the parties some greater detail regarding oral argument scheduled on the Government Contractor Immunity defense set for Friday, August 19, 2022. Please see Order for All Details. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/16/2022. (sshe, )
August 15, 2022 Filing 2534 Letter from Plaintiff's Executive Committee. (Attachments: #1 Exhibit A CMO NO. 14)(Thompson, Fred) (Main Document 2534 replaced on 8/16/2022) (sshe, ). Modified on 8/16/2022 to replace with corrected document as requested and provided by filing user(sshe, ).
August 15, 2022 Filing 2533 Letter from Defense Co-Lead Counsel Regarding Process for Further Bellwether Cases. (Kitts, Amanda)
August 15, 2022 Filing 2532 STIPULATION of Dismissal without prejudice by Candace Kilpatrick Garrett, Brenda Tatum Kilpatrick. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01419-RMG(Anderson, Gary)
August 15, 2022 Filing 2531 MDL CONDITIONAL TRANSFER ORDER #100, Received from the Multi-District Litigation Panel. (sshe, )
August 15, 2022 Opinion or Order Filing 2530 ORDER This Order Relates to Case No. 2:20-cv-1399-RMG. Plaintiff's motion to amend (Dkt. No. #2520 in case 2:18-mn-02873-RMG; (24) in case 2:20-cv-01399-RMG) is GRANTED and Plaintiff is directed to promptly file the second amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/15/2022.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01399-RMG(sshe, )
August 15, 2022 Filing 2529 STIPULATION of Dismissal Without Prejudice by Oscar Saffel. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00330-RMG(Zgoda, Richard)
August 15, 2022 Filing 2528 STIPULATION of Dismissal Without Prejudice by Jerry Sullivan. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-04125-RMG(Zgoda, Richard)
August 14, 2022 Filing 2527 STIPULATION of Dismissal Without Prejudice by Jerry Gentile. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03760-RMG(Zgoda, Richard)
August 14, 2022 Filing 2526 STIPULATION of Dismissal Without Prejudice by Raymond Fair. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03655-RMG(Zgoda, Richard)
August 14, 2022 Filing 2525 STIPULATION of Dismissal Without Prejudice by Robert Perelman. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03556-RMG(Zgoda, Richard)
August 12, 2022 Filing 2524 Letter "Notice of Pending Motion to Remand" from Iselin Fire Department #9, Iselin Fire Department #11. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02593-RMG(Airgood, Victoria) Modified on 8/15/2022 to add description for event type per document filed (sshe, ).
August 11, 2022 Filing 2523 DELETION OF DOCKET ENTRY NUMBER 2521 Reason: Deficient filing; notice of appearance to be refiled correctly, per clerk's instruction via separate email, by attorney filing user as necessary (Filing date of original filing: 8/5/2022) (sshe, )
August 8, 2022 Filing 2522 NOTICE of Appearance by Luke Callahan on behalf of Jeff Vandonsel(Callahan, Luke) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02459-RMG Refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1. (sshe, )
August 5, 2022 Filing 2520 MOTION for Leave to File Second Amended Complaint by Commonwealth of the Northern Mariana Islands. Response to Motion due by 8/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Declaration of William J. Jackson, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Certificate of Service)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01399-RMG(Jackson, William)
August 5, 2022 Filing 2519 Letter from Defendants. (Attachments: #1 Exhibit A - Proposed CMO)(Kitts, Amanda)
August 5, 2022 Filing 2518 Letter from Plaintiff's Executive Committee. (Attachments: #1 Exhibit A Proposed Order)(Thompson, Fred)
August 4, 2022 Filing 2517 MDL TRANSFER ORDER re (NJ) Insurance Auto Auctions Inc v. Carteret Fire Department et al, 2:22-02079, Received from the Multi-District Litigation Panel. (sshe, )
August 3, 2022 Filing 2516 NOTICE of Appearance by Tate J Kunkle on behalf of Town of Princeton Massachusetts, City of South Shore Kentucky Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02036-RMG, 2:22-cv-02526-RMG(Kunkle, Tate)
August 1, 2022 Opinion or Order Filing 2515 ORDER TOLLING AGREEMENT OF CLAIMS AGAINST CERTAIN PROPOSED DEFENDANTS This Order Relates to Case No. 2:19-cv-01639-RMG re #2512 Motion (in case 2:18-mn-02873-RMG; (112) in case 2:19-cv-01639-RMG). See Order for RECITALS and TERMS. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/1/22.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01639-RMG(sshe, )
August 1, 2022 Filing 2514 CASE MANAGEMENT ORDER NO. 19.D. This Order Relates to All Actions. Please See Order for All Details regarding Fourth Amended Scheduling Order Governing First Water Provider Bellwether Trial. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/1/22. (sshe, )
August 1, 2022 Filing 2513 TEXT ORDER re #2509 (in 2:18-mn-02873-RMG, 37 in 2:22-cv-00373-RMG) This Order Relates to Case No. 2:22-cv-00373-RMG. Plaintiff David Tibbetts moves the Court to reinstate his claims because he has now supplied the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet pursuant to CMO No. 5. The Defense does not oppose the motion. The motion is GRANTED and Tibbetts' claims in case No. 2:22-cv-00373 are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 8/1/22. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(sshe, )
July 29, 2022 Filing 2512 Joint MOTION For Entry of Tolling Agreement of Claims Against Certain Proposed Defendants by Town of East Hampton. Response to Motion due by 8/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order for Joint Motion for Entry of Tolling Agreement of Claims Against Certain Proposed Defendants)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01639-RMG(Rigano, Nicholas)
July 29, 2022 Filing 2511 DELETION OF DOCKET ENTRY NUMBERS 2502, 2503, 2504, 2505, 2506, 2507 Reason: Filed in error; to be filed only in the individual applicable member case Filing date of original filings: 7/28/22 (sshe, )
July 29, 2022 Filing 2510 NOTICE of Voluntary Dismissal by Village of Cuba Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02219-RMG(Croner, Andrew)
July 29, 2022 Filing 2508 MDL CONDITIONAL TRANSFER ORDER #98, Received from the Multi-District Litigation Panel. (sshe, )
July 28, 2022 Filing 2509 MOTION to Reopen Case by David G. Tibbetts. Response to Motion due by 8/11/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Email, #2 Exhibit Email)No proposed order.(Lausten, Kristin)Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG Refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1. (sshe, )
July 28, 2022 Filing 2507 DuPont de Nemours, Inc.'s ANSWER to Complaint - Answer to First Amended Complaint filed by Town of Ayer, 2:19-cv-3120-RMG by Dupont De Nemours Inc.(Hacker, Katherine)
July 28, 2022 Filing 2506 Corteva, Inc.'s ANSWER to Complaint - Answer to First Amended Complaint filed by Town of Ayer, 2:19-cv-3120-RMG by Corteva Inc.(Hacker, Katherine)
July 28, 2022 Filing 2505 DuPont de Nemours, Inc.'s ANSWER to Complaint - Answer to First Amended Complaint filed by City of Stuart, Florida, 2:18-cv-3487-RMG by Dupont De Nemours Inc.(Hacker, Katherine)
July 28, 2022 Filing 2504 Corteva, Inc.'s ANSWER to Complaint - Answer to First Amended Complaint filed by City of Stuart, Florida, 2:18-cv-3487-RMG by Corteva Inc.(Hacker, Katherine)
July 28, 2022 Filing 2503 DuPont de Nemours, Inc.'s ANSWER to Complaint - Answer to Second Amended Complaint filed by City of Sioux Falls, 2:19-cv-1806 by Dupont De Nemours Inc.(Hacker, Katherine)
July 27, 2022 Filing 2501 NOTICE of Voluntary Dismissal by Sandwich Water District Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02292-RMG(Summy, Scott)
July 27, 2022 Opinion or Order Filing 2500 ORDER This Order Relates to Case No. 2:22-cv-00171-RMG. Plaintiff's motion to amend Dkt. No. #2489 (in case 2:18-mn-02873-RMG; (4) in case 2:22-cv-00171-RMG) is GRANTED and Plaintiff is directed to promptly file the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/27/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00171-RMG(sshe, )
July 27, 2022 Opinion or Order Filing 2499 ORDER This Order Relates to Case No. 2:19-cv-00143-RMG. Plaintiffs' motion to amend Dkt. No. #2479 (in case 2:18-mn-02873-RMG; (54) in case 2:19-cv-00143-RMG) is GRANTED and Plaintiffs are directed to promptly file the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/27/22.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00143-RMG(sshe, )
July 27, 2022 Opinion or Order Filing 2498 ORDER TOLLING OF CLAIMS AGAINST DEFENDANT BASF CORPORATION This Order Relates To: The Court GRANTS the parties' joint motion #2490 (in case 2:18-mn-02873-RMG; (22) in case 2:20-cv-00279-RMG; (22) in case 2:20-cv-00358-RMG; (21) in case 2:20-cv-00496-RMG; (21) in case 2:20-cv-00599-RMG; (21) in case 2:20-cv-00644-RMG; (18) in case 2:20-cv-02717-RMG; (18) in case 2:20-cv-02796-RMG; (18) in case 2:20-cv-02797-RMG; (15) in case 2:20-cv-02798-RMG) and enters the tolling agreement. See Tolling Agreement for Recitals and Terms. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/27/22.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
July 26, 2022 Filing 2497 NOTICE of Appearance by Brian L Stekloff on behalf of The 3M Company, 3M Company, The, 3M Company, 3M Company Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Stekloff, Brian)
July 26, 2022 Filing 2496 NOTICE of Appearance by Beth A Wilkinson on behalf of The 3M Company, 3M Company, The, 3M Company, 3M Company Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Wilkinson, Beth)
July 26, 2022 Filing 2495 NOTICE of Appearance by Brandon J Taylor on behalf of Village of Bridgeport Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02357-RMG(Taylor, Brandon)
July 26, 2022 Filing 2494 NOTICE of Appearance by Philip F Cossich on behalf of Village of Bridgeport Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02357-RMG(Cossich, Philip)
July 26, 2022 Filing 2493 NOTICE of Appearance by Christina Cossich on behalf of Village of Bridgeport Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02357-RMG(Cossich, Christina)
July 26, 2022 Filing 2492 NOTICE of Appearance by Luana N Smith on behalf of Village of Bridgeport Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02357-RMG(Smith, Luana)
July 26, 2022 Filing 2491 TEXT ORDER This Order Relates to Case No. 2:20-cv-01478-RMG GRANTING requests to withdraw as additional counsel for City of Pensacola ( #2483 , #2484 , #2485 , #2486 , #2487 , #2488 in case 2:18-mn-02873-RMG; (56), (57), (58), (59), (60), (61) in case 2:20-cv-01478-RMG). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/26/22.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(sshe, )
July 25, 2022 Filing 2490 Joint MOTION For Entry of Tolling Agreement of Claims Against BASF Corporation by Ellen Jaekel, Maryann P Maher, Thomas Maher, Gary Talvacchio, COLLEEN KOH, NICHOLAS BOHLEN, TAMARA BOHLEN, DENNIS PALMER, SANDRA L. PALMER, Christopher M Gaida, Niloosar Khalif, Yuri Khalif, EDITH COMUSO, ANTHONY COMUSO. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order For Joint Motion For Entry of Tolling Agreement of Claims Against BASF Corporation, #2 Exhibit A)No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Christensen, Nancy)
July 25, 2022 Filing 2489 MOTION for Leave to File Amended Complaint and Substitute Party Plaintiff by Jean Wilson. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Amended Complaint, #2 Proposed Order)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00171-RMG(Cunningham, Merritt)
July 25, 2022 Filing 2488 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Sumich, Darren)
July 25, 2022 Filing 2487 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Parsiola, David)
July 25, 2022 Filing 2486 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Cossich, Philip)
July 25, 2022 Filing 2485 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Taylor, Brandon)
July 25, 2022 Filing 2484 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Cossich, Christina)
July 25, 2022 Filing 2483 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 8/8/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Smith, Luana)
July 25, 2022 Filing 2482 TEXT ORDER CONSENT ORDER FOR SUBSTITUTION OF COUNSEL granting #2481 (in case 2:18-mn-02873-RMG; (17) in case 2:20-cv-01398-RMG). IT IS HEREBY ORDERED that Wes S. Larsen of James, Vernon & Weeks, P.A. is substituted for Valerie Ann Lee of Acadia Law PLLC, and Zachary Louis Welcker of Kalispel Tribe of Indians, as counsel for Plaintiffs Kalispel Tribe of Indians, Kalispel Tribal Economic Authority, and Northern Quest Resort and Casino in the above-captioned matter. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/25/22.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01398-RMG(sshe, )
July 22, 2022 Filing 2481 MOTION to Substitute Attorney by Kalispel Tribal Economic Authority, Kalispel Tribe of Indians, Northern Quest Resort and Casino. Response to Motion due by 8/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01398-RMG(Larsen, Wes)
July 22, 2022 Filing 2480 NOTICE of Voluntary Dismissal by Town of Millis Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02280-RMG(Summy, Scott)
July 22, 2022 Filing 2479 MOTION to Amend/Correct Complaint by David Battisti, Mary Ann Benson. Response to Motion due by 8/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Declaration in Support of Motion for Leave to File 3rd Amended Complaint, #2 Exhibit A - Redline of Proposed Amended Complaint, #3 Exhibit B - Clean Version of Proposed Amended Complaint)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00143-RMG(Ferraro, James)
July 22, 2022 Filing 2478 NOTICE of Appearance by James L Ferraro, Jr on behalf of David Battisti, Mary Ann Benson Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00143-RMG(Ferraro, James)
July 19, 2022 Opinion or Order Filing 2475 ORDER This Order Relates to Case No. 2:22-cv-00373-RMG The Defense Leadership's motion to dismiss (Dkt. No. #2470 in case 2:18-mn-02873-RMG; (34) in case 2:22-cv-00373-RMG) is GRANTED. Plaintiff David G. Tibbetts's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/19/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(sshe, )
July 18, 2022 Filing 2474 NOTICE of Voluntary Dismissal by Town of Chatham Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02220-RMG(Summy, Scott)
July 18, 2022 Filing 2473 NOTICE of Voluntary Dismissal by Town of Uxbridge Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-02218-RMG(Summy, Scott)
July 15, 2022 Filing 2472 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Status Conference held on July 8, 2022, at 10:33 a.m., before Judge Richard M. Gergel. Court Reporter: Carly Horenkamp. E-mail: carleen_horenkamp@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 8/5/2022. Redacted Transcript Deadline set for 8/15/2022. Release of Transcript Restriction set for 10/13/2022. (chorenkamp)
July 14, 2022 Filing 2477 MDL CONDITIONAL TRANSFER ORDER #96, Received from the Multi-District Litigation Panel. (sshe, )
July 14, 2022 Filing 2471 NOTICE of Voluntary Dismissal by David Eggleston Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-04121-RMG(Vasquez, James)
July 14, 2022 Filing 2470 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 7/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Dukes, David)
July 13, 2022 Filing 2469 NOTICE of Appearance by Mark A Chertok on behalf of Port Authority of New York and New Jersey (Chertok, Mark)
July 13, 2022 Filing 2468 NOTICE of Appearance by Elizabeth Knauer on behalf of Port Authority of New York and New Jersey (Knauer, Elizabeth)
July 13, 2022 Filing 2466 TEXT ORDER This Order Relates to Case No. 2:20-cv-1478-RMG granting Motions #2459 , #2460 , #2461 , #2462 in case 2:18-mn-02873-RMG ((50), (51), (52), (53) in case 2:20-cv-01478-RMG) of Cristina Sanchez, Scott Summy, Carla Burke Pickrel, Cary McDougal of Baron & Budd, P.C. to Withdraw as Attorney for City of Pensacola. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/13/22.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(sshe, )
July 11, 2022 Filing 2465 Letter from Plaintiffs' Executive Committee Requesting Correction of the Record Regarding Governmental Contractor Briefing. (Thompson, Fred)
July 11, 2022 Filing 2464 AMENDED NOTICE OF HEARING The Monthly Status Conferences will be in-person, absent further order from the Court. The Monthly Status Conferences are set as follows: 9/23/2022 10:00 AM, 10/21/2022 10:00 AM, 11/18/2022 09:00 AM, 12/22/2022 09:00 AM before Honorable Richard M Gergel. The conferences will be conducted in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Honorable Richard M Gergel. (sshe, )
July 8, 2022 Filing 2463 Minute Entry. Proceedings held before Honorable Richard M Gergel: Status Conference held on 7/8/2022. All parties represented on the call. Court Reporter Carleen Horenkamp. (hcor, )
July 8, 2022 Filing 2462 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 7/22/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(McDougal, Cary)
July 8, 2022 Filing 2461 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 7/22/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Burke Pickrel, Carla)
July 8, 2022 Filing 2460 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 7/22/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Summy, Scott)
July 8, 2022 Filing 2459 MOTION to Withdraw as Attorney as additional counsel for City of Pensacola by City of Pensacola. Response to Motion due by 7/22/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Sanchez, M)
July 8, 2022 Filing 2458 DELETION OF DOCKET ENTRY NUMBER 2455 Reason: Attorney filing user refiled correctly Corrected Filing Document Number #2457 Modified filing date to that of original filing: 7/6/2022 (sshe, )
July 7, 2022 Opinion or Order Filing 2456 ORDER This Order Relates to Case No. 2:21-cv-1736-RMG. Plaintiff's motion to amend (Dkt. No. #2445 in case 2:18-mn-02873-RMG; (5) in case 2:21-cv-01736-RMG) is GRANTED and Plaintiff is directed to promptly file the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/7/22.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01736-RMG(sshe, )
July 6, 2022 Filing 2457 NOTICE of Appearance by Joshua Ferguson on behalf of Fire-Dex LLC Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-01303-RMG, 2:22-cv-01589-RMG(Ferguson, Joshua) Modified on 7/8/2022 to correct filing date (sshe, ).
July 6, 2022 Filing 2453 NOTICE of Appearance by Louis Michael Dundin on behalf of Commonwealth of Massachusetts Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01649-RMG(Dundin, Louis)
July 6, 2022 Filing 2452 Sealed Document in re document #2347 . (Attachments: #1 Exhibit 3 - DLA Spreadsheet-Part 1, #2 Exhibit 3 - DLA Spreadsheet - Part 2)(Duffy, Brian)
July 6, 2022 Filing 2449 TEXT ORDER This Order Relates to Cases: the Motion #2442 (in case 2:18-mn-02873-RMG; (20) in case 2:22-cv-00710-RMG; (25) in case 2:22-cv-01303-RMG; (22) in case 2:22-cv-01589-RMG) of William Gildea to Withdraw as Attorney by Fire Dex, LLC is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 7/6/22. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-01303-RMG, 2:22-cv-01589-RMG(sshe, )
July 5, 2022 Filing 2454 NOTICE of Appearance by Ashley B Campbell on behalf of City of Anaheim, City of Fullerton, City of Garden Grove, City of Orange, City of Santa Ana, City of Tustin, East Orange County Water District, Irvine Ranch Water District, Orange County Water District, Serrano Water District, Yorba Linda Water District (Campbell, Ashley) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01798-RMG Refiled in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1.(sshe, )
July 5, 2022 Filing 2448 Sealed Document in re document #2409 . (Attachments: #1 Exhibit 132- Ex. 144 to Deposition of Dale Bacon, #2 Exhibit 133- 3M_Bell02614786, #3 Exhibit 134-EHS&R Initiative, #4 Exhibit 142-Darwin Transcript, #5 Exhibit 143-FireFighting Foam Coalition Presentaion, #6 Exhibit 144-FFFC016183, #7 Exhibit 145-5/31/01 Notes of Organizational Meeting, #8 Exhibit 146-9/15/08 email chain re: DoD memo, #9 Exhibit 148- 9/26/03 Email re: EPA Telomer, #10 Exhibit 150- 2/8/11 Kidde customer letter, #11 Exhibit 151-Walton Expert Report, #12 Exhibit 152-May 2018 Presentation, #13 Exhibit 154-SFPE Foam Presentation, #14 Exhibit 155-2/9/09 Environmental Statement, #15 Exhibit 165-11/9/76 Naval Research Internal Memo, #16 Exhibit 166-2/2/77 Naval Research Memo, #17 Exhibit 170-Decatur Worker Communication Timeline, #18 Exhibit 171- Technical Report Summary, #19 Exhibit 172- 6/22/79 3M Internal Memorandum, #20 Exhibit 174-Martin Expert Report, #21 Exhibit 176- 8/19/77 Internal Memo re: Meeting Minutes, #22 Exhibit 177-8/31/78 Broad Aspects, #23 Exhibit 180-Mader Deposition Transcript, #24 Exhibit 188-5/3/79 Memo re: Hodge and Mitchell Rcommendations, #25 Exhibit 193-Olsen Depo Transcript, #26 Exhibit 201-3/11/15 Navy Investigation memo, #27 Exhibit 202-Farley close out brief, #28 Exhibit 203- Letter from NAVSEA to Tyco, #29 Exhibit 204- Hubert Depo Transcript, #30 Exhibit 205- Tyco and Chemguard Interrogatory Responses, #31 Exhibit 206- 10/23/14 Letter from NAVSEA, #32 Exhibit 207- letter from Tyco to NAVSEA, #33 Exhibit 208- Deposition of Philip Novak, #34 Exhibit 209-Letter from NAVSEA to Chemguard, #35 Exhibit 210-11/17/14 Letter to NAVSEA, #36 Exhibit 211-Vesgo depo transcript, #37 Exhibit 212-2016 Correspondence re: Misuse of FM Approvals, #38 Exhibit 213-2/7/18 emails re: Product Incident Report, #39 Exhibit 215- BuckeyeResponses to Interrogatories, #40 Exhibit 216-BF_00016553, #41 Exhibit 217- BF_00366082, #42 Exhibit 218-8/18/2016 email chain, #43 Exhibit 219- 4/25/18 email chain, #44 Exhibit 222-BF_00280061, #45 Exhibit 223-BF_00139798, #46 Exhibit 224-BF_00261686, #47 Exhibit 225- 9/8/15 Letter from Buckeye, #48 Exhibit 226- 7/19/17 email chain re: Buckeye AFFF Qualifications Report, #49 Exhibit 227-3/20/19 email chain re: Buckeye Update, #50 Exhibit 230- 3/31/06 email chain re: AFFF, #51 Exhibit 231-10/20/03 email from Cortina to FFFC Members, #52 Exhibit 233-FFFC meeting minutes2/6/20, #53 Exhibit 234- Thomas Expert Report, #54 Exhibit 239-Technical Bulletin Buckeye, #55 Exhibit 241-5/3/13 letter from Buckeye to Kinder Morgan, #56 Exhibit 242-Kleiner Presentation, #57 Exhibit 244- Dynax fax from Kleiner to Hubert, #58 Exhibit 245- Environ Sci Tech Article, #59 Exhibit 246- 3/8/02 FFFC Agenda, #60 Exhibit 249- Tyco Bulletin 15011, #61 Exhibit 250- 12/5/12 email re: Ansuite, #62 Exhibit 251- Ublacker Transcript, #63 Exhibit 252- FFFC Bylaws, #64 Exhibit 253- 7/25/06 Email from Solberg, #65 Exhibit 254- Rambo Transcript)(Thompson, Fred)
July 5, 2022 Filing 2447 Sealed Document in re document #2438 . (Dukes, David)
July 5, 2022 Filing 2446 Sealed Document in re document #2348 , #2444 . (Attachments: #1 Exhibit TMM Ex. 32 - AFFFTC00224049 (UNDER SEAL), #2 Exhibit TMM Ex. 33 - AFFFTC00224046 (UNDER SEAL), #3 Exhibit TMM Ex. 34 - AFFFTC00224047 (UNDER SEAL), #4 Exhibit TMM Ex. 35 - AFFFTC00224048 (UNDER SEAL), #5 Exhibit TMM Ex. 36 - AFFFTC00224044 (UNDER SEAL, #6 Exhibit TMM Ex. 37 - AFFFTC00224045 (UNDER SEAL), #7 Exhibit TMM Ex. 38 - FF_NAVY12_00004067 (UNDER SEAL), #8 Exhibit TMM Ex. 39 - FF_NAVY17_00005732 (UNDER SEAL), #9 Exhibit TMM Ex. 40 - FF_NAVY17_00005734 (UNDER SEAL), #10 Exhibit TMM Ex. 41 - AFFFTC00098112 (UNDER SEAL), #11 Exhibit TMM Ex. 43 - AFFFTC00133287 (UNDER SEAL), #12 Exhibit TMM Ex. 44 - AFFFTC00212433 (UNDER SEAL, #13 Exhibit TMM Ex. 45 - AFFFTC00133343 (UNDER SEAL, #14 Exhibit TMM Ex. 46 - AFFFTC00203381 (UNDER SEAL), #15 Exhibit TMM Ex. 47 - AFFFTC00096985 (UNDER SEAL), #16 Exhibit TMM Ex. 51 - AFFFTC00039176 (UNDER SEAL), #17 Exhibit TMM Ex. 52 - AFFFTC00196371 (UNDER SEAL), #18 Exhibit TMM Ex. 53 - Tyco & Chemguard Objs and Responses to Pls.' First Set of Interrogs (UNDER SEAL), #19 Exhibit TMM Ex. 54 - Dep. of Martina Bowen (excerpt) (UNDER SEAL), #20 Exhibit TMM Ex. 55 - FF_NAVY20_00000215 (UNDER SEAL), #21 Exhibit TMM Ex. 64 - Dep. of James Devonshire (excerpt)(UNDER SEAL), #22 Exhibit TMM Ex. 65 - Dep. of William Vegso (excerpt) (UNDER SEAL), #23 Exhibit TMM Ex. 66 - AFFFTC00098114 (UNDER SEAL))(Dukes, David)
July 5, 2022 Filing 2445 Amended MOTION for Leave to File Amended Complaint by Joseph Anthony Kilcullen, Sr. Response to Motion due by 7/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Exhibit A death certificate, #2 Exhibit Exhibit B Letters of Administration, #3 Exhibit Exhibit C First Amended Complaint, #4 Exhibit Exhibit D Email)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01736-RMG(Anderson, Gary)
July 5, 2022 Filing 2444 Sealed Document in re document #2348 . (Attachments: #1 Exhibit TMM Ex. 7 - Navy06-00002770 (excerpted) (UNDER SEAL), #2 Exhibit TMM Ex. 10 - FF_NAVY11_00113043 (UNDER SEAL), #3 Exhibit TMM Ex. 11 (1) - Decl. of Mitchell Hubert & Exhibits (UNDER SEAL), #4 Exhibit TMM Ex. 11 (2) -Decl. of Mitchell Hubert & Exhibits (UNDER SEAL), #5 Exhibit TMM Ex. 13 - DLA01-000000001 (UNDER SEAL), #6 Exhibit TMM Ex. 14 - DLA01-000000002 (UNDER SEAL), #7 Exhibit TMM Ex. 15 - DLA01-000000003 (UNDER SEAL, #8 Exhibit TMM Ex. 16 - AFFFTC00224100 (UNDER SEAL), #9 Exhibit TMM Ex. 17 - AFFFTC00224101 (UNDER SEAL), #10 Exhibit TMM Ex. 18 - AFFFTC00224102 (UNDER SEAL), #11 Exhibit TMM Ex. 19 - AFFFTC00224097 (UNDER SEAL), #12 Exhibit TMM Ex. 20 - AFFFTC00754928 (UNDER SEAL), #13 Exhibit TMM Ex. 21 - AFFFTC00754929 (UNDER SEAL), #14 Exhibit TMM Ex. 22 - AFFFTC00754930 (UNDER SEAL, #15 Exhibit TMM Ex. 23 - FF_NAVY12_00004126 (UNDER SEAL), #16 Exhibit TMM Ex. 24 - FF_NAVY13_00009295 (UNDER SEAL), #17 Exhibit TMM Ex. 25 - FF_NAVY02_000001102 (UNDER SEAL), #18 Exhibit TMM Ex. 26 - FF_NAVY17_00005170 (UNDER SEAL), #19 Exhibit TMM Ex. 27 - Dep. of John Libal (excerpt) (UNDER SEAL), #20 Exhibit TMM Ex. 28 - FF_NAVY22_00002092 (UNDER SEAL), #21 Exhibit TMM Ex. 29 - FF_NAVY22_00002093(UNDER SEAL), #22 Exhibit TMM Ex. 30 - FF_NAVY18_00005817 (UNDER SEAL))(Dukes, David)
July 5, 2022 Opinion or Order Filing 2443 ORDER This Order Relates to All Cases. Defendants' Motion to Seal (Dkt No. #2439 ) is GRANTED. Defendants are directed to file on the docket, under seal, an unredacted version of their reply. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 7/5/22.(sshe, )
July 5, 2022 Filing 2442 MOTION to Withdraw as Attorney by Fire Dex, LLC. Response to Motion due by 7/19/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-01303-RMG, 2:22-cv-01589-RMG(Gildea, William)
July 5, 2022 Filing 2441 MDL CONDITIONAL TRANSFER ORDER #95, Received from the Multi-District Litigation Panel. (sshe, )
July 5, 2022 Filing 2440 MDL CONDITIONAL TRANSFER ORDER #94, Received from the Multi-District Litigation Panel. (sshe, )
July 1, 2022 Filing 2439 MOTION to Seal Portions of Telomer Milspec AFFF Manufacturers' Reply Memo in Support of Their Motion for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense by Defendants. Response to Motion due by 7/15/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Descriptive Index of Documents, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Placeholder Sheet, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
July 1, 2022 Filing 2438 REPLY to Response to Motion re #2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense by Telomer Milspec AFFF Manufacturers Response filed by Defendants. (Dukes, David)
July 1, 2022 Filing 2437 RESPONSE in Support re #2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense Response filed by 3M Company. (Attachments: #1 Exhibit List, #2 Exhibit 59- DLA letter to Ansul Company, #3 Exhibit 60-Navy letter to 3M, #4 Exhibit 61- Deposition of Dr. Richard Newmark, #5 Exhibit 62- Christopher Lau, Perfluorinated Compounds: An Overview, #6 Exhibit 63- TSCA Consent Agreement and Final Order)(Olsen, Michael)
June 30, 2022 Opinion or Order Filing 2436 ORDER This Order Relates to All Cases. 3Ms motion (Dkt. No. #2399 ) is DENIED AS MOOT. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/30/22. (sshe, )
June 30, 2022 Filing 2435 NOTICE of Voluntary Dismissal by AQUA PENNSYLVANIA, INC. as to Angus International Safety Group, Ltd. only Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00988-RMG(Croner, Andrew)
June 29, 2022 Filing 2433 NOTICE OF RESCHEDULED HEARING ***Note: Time Change Only*** Monthly Telephonic Status Conference set for 7/8/2022 at 10:00 AM has been rescheduled to 10:30 AM before Honorable Richard M Gergel. (Call-in instructions will be circulated the week of prior to each telephonic status conference) (sshe, )
June 28, 2022 Filing 2432 NOTICE of Hearing: The Court sets the Monthly Telephonic Status Conferences as follows: 9/23/2022 10:00 AM, 10/21/2022 10:00 AM, 11/18/2022 09:00 AM, 12/22/2022 09:00 AM before Honorable Richard M Gergel. Call-in instructions will be circulated the week of prior to each telephonic status conference. (sshe, )
June 28, 2022 Filing 2431 NOTICE of Voluntary Dismissal by Amanda Gibson, Kenneth Gibson against Fire Service Plus, Inc. Only Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01303-RMG(Bliss, Paula)
June 28, 2022 Filing 2430 First MOTION for Leave to File Amended Complaint by Joseph Anthony Kilcullen, Sr. Response to Motion due by 7/12/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Exhibit A death certificate, #2 Exhibit Exhibit B Letters of Administration, #3 Exhibit Exhibit C First Amended Complaint)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01736-RMG(Anderson, Gary)
June 24, 2022 Filing 2429 NOTICE of Appearance by Lauren H. Shah on behalf of State of North Carolina, State of North Carolina, State of North Carolina, State of North Carolina Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00014-RMG, 2:22-cv-00015-RMG, 2:22-cv-00040-RMG, 2:22-cv-00041-RMG(Shah, Lauren)
June 24, 2022 Filing 2428 NOTICE of Hearing: The Court will hear oral argument on Defendants' Motion for summary judgment on the government contractor defense (Dkt. Nos. #1965 , #2065 , #2346 ) on August 19, 2022 at 09:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston before Honorable Richard M Gergel. Speaking counsel, Liaison Counsel, and support personnel will be present in the courtroom and space will be available in the galleys for the parties' attorneys. Overflow rooms with video transmission will also be available on a first-come basis. A conference number will also be provided. (sshe, ) Modified docket text for additional information and clarification on 6/29/2022 (sshe, ).
June 22, 2022 Filing 2427 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Northeast Rescue Systems, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01303-RMG(Giunta, Michael) Refiled in management case, and spread to correct applicable member case as corrected/listed on document.(sshe, )
June 22, 2022 Filing 2426 DELETION OF DOCKET ENTRY NUMBER 2424 (58 in 2:18-cv-03416-RMG) Reason: Filing user spread to incorrect member case; Refiled by clerk to correctly spread to applicable member case as corrected on document (2:22-cv-01303-RMG) Filing date of original filing: 6/22/22 Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03416-RMG(sshe, )
June 22, 2022 Filing 2425 Letter from Plaintiffs' Science Committee Regarding Health Advisory Levels. (Attachments: #1 Exhibit Federal Register)(Thompson, Fred)
June 22, 2022 Filing 2423 NOTICE of Appearance by Michael Pierre Giunta on behalf of Northeast Rescue Systems, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01303-RMG(Giunta, Michael)
June 22, 2022 Filing 2421 Letter from Plaintiffs' Executive Committee in Response to 6/13/22 Letter from Counsel for 3M Regarding Request to Compel Deposition Transcripts. (Attachments: #1 Exhibit A- Order Denying Transfer)(Thompson, Fred)
June 22, 2022 Opinion or Order Filing 2420 ORDER This Order Relates to Case No. 2:20-cv-00375-RMG. The Wengers' motion to amend (Dkt. No. #2411 in case 2:18-mn-02873-RMG; (21) in case 2:20-cv-00375-RMG) is GRANTED and they are directed to promptly file the second amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/22/22.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00375-RMG(sshe, )
June 22, 2022 Filing 2419 CASE MANAGEMENT ORDER NO. 6.F. This Order Relates to All Actions. Please See Order for All Details regarding Alternative For Service of Process On Additional Defendants. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/22/22. (sshe, )
June 22, 2022 Opinion or Order Filing 2418 ORDER This Order Relates to All Cases. Plaintiffs' motion to seal (Dkt. No. #2410 ) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/22/22.(sshe, )
June 21, 2022 Filing 2417 NOTICE of Appearance by Jody Fortunato on behalf of County of Dane Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01791-RMG(Fortunato, Jody)
June 21, 2022 Filing 2416 Sealed Document in re document #2402 . (Attachments: #1 Exhibit 90- Docket No. 2402-09- September 17, 2015 email from Julie Mazza to David Shelton,, #2 Exhibit 91- Docket No. 2402-10- July 28, 2015 email from Mark Newman to Mark Vergnano, #3 Exhibit 92- Docket No. 2402-11- Copy of the minutes of a December 9, 2015 special Board of Directors meeting, #4 Exhibit 93- Docket No. 2402-12- January 25, 2016 email from Reg Malmberg to Sameer Ralhan and Mark Newman,, #5 Exhibit 94 - Docket No. 2402-13 July 1, 2015 email from Mary Van Veen to Donna Grier, Barry Niziolek, and Linda West,, #6 Exhibit 95- Docket No. 2402-14 December 3, 2015 email from Sylvie Gallou to Amy Trojanowski et al, #7 Exhibit 96- Docket No. 2402-15 December 21, 2015 email from Mark Newman to Mark Vergnano, #8 Exhibit 97- Docket No. 2402-16 January 25, 2016 email from Mark Vergnano to Alisha Bellezza, #9 Exhibit 98- Docket No. 2402-17 August 26, 2015 email from Mark Newman to Alisha Bellezza, #10 Exhibit 99- Docket No. 2402-18 October 20, 2014 email from Bryan Snell to Linda West,, #11 Exhibit 100- Docket No. 2402-19 November 23, 2017 email from Mark Staub to Mark Newman,, #12 Exhibit 101 Docket No. 2402-20 December 4, 2014 email from Sheryl Telford to Don Linsenmann)(Thompson, Fred)
June 21, 2022 Filing 2415 NOTICE of Appearance by Philip F Cossich on behalf of County of Dane Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01791-RMG(Cossich, Philip)
June 21, 2022 Filing 2414 NOTICE of Appearance by Christina Cossich on behalf of County of Dane Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01791-RMG(Cossich, Christina)
June 21, 2022 Filing 2413 NOTICE of Appearance by Brandon J Taylor on behalf of County of Dane Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01791-RMG(Taylor, Brandon)
June 21, 2022 Filing 2412 NOTICE of Appearance by Luana N Smith on behalf of County of Dane Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01791-RMG(Smith, Luana)
June 18, 2022 Filing 2422 NOTICE of Voluntary Dismissal by Paul Casavant(West, Timothy) Refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00932-RMG(sshe, )
June 17, 2022 Filing 2411 MOTION to Amend/Correct (10 in 2:20-cv-00375-RMG) Amended Complaint, by Linda Wenger, Michael Wenger. Response to Motion due by 7/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support of Plaintiffs' Motion for Leave to File Amended Complaint and Supplemental Pleadings, #2 Supporting Documents Declaration of Nancy M. Christensen, #3 Exhibit A redlined proposed second amended complaint, #4 Exhibit B clean proposed second amended complaint, #5 Exhibit C re consent to amend)No proposed order.(Christensen, Nancy) Refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00375-RMG(sshe, )
June 17, 2022 Filing 2410 MOTION to Seal Certain Documents Associated with Docket No. 2409 by Plaintiffs. Response to Motion due by 7/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1- Index, #2 Exhibit 2-Certificate of Compliance, #3 Exhibit 3- Placeholder Sheet, #4 Proposed Order 4-Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
June 17, 2022 Filing 2409 RESPONSE in Opposition re #2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense Response filed by Plaintiffs.Reply to Response to Motion due by 6/24/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit London Declaration, #2 Exhibit 128- Article- Ambient Levels of PFOS and PFOA, #3 Exhibit 129- Article- Erratum to Ambient Levels of PFOS and PFOA, #4 Exhibit 130- EPA Press Release, #5 Exhibit 131- EPA News Release (DuPont), #6 Exhibit 132-3M FC Issue Communications Plan, Revised, #7 Exhibit 133-Chemical Issues Oversight, 10/2/98, #8 Exhibit 134- EHS&R Initiative, #9 Exhibit 135- 4/1/08 email chain re Entrix Consulting, #10 Exhibit 136- 3/31/08 email chain re: Entrix, #11 Exhibit 137- 9/9/2000 email chain re: manuscript, #12 Exhibit 138- Email from Giesy to Reagen, 3/26/08, #13 Exhibit 139- 5/25/2000 Important Notice to 3M Fire Protection Systems Customers, #14 Exhibit 140- Summary & Impressions, #15 Exhibit 141- 90 Day Subacute Toxicity Studies, #16 Exhibit 142- Darwin Transcript, Vol II, #17 Exhibit 143- AFFF Fire Fighting Foams EPA Meeting 9/28/01, #18 Exhibit 144- 10/9/18 email chain re POPRC IPEN Letter, #19 Exhibit 145- 5/31/01 Coalition Meeting Notes, #20 Exhibit 146- 9/15/08 email chain re DOD Memo on PFOA, #21 Exhibit 147- 3/7/01 Email chain re Foam Nasties, #22 Exhibit 148- 9/26/03 email chain re Telomer Workgroup meeting, #23 Exhibit 149- AFFF Industry in Position to Exceed Environmental Goals, #24 Exhibit 150- Kidde FireFighting Customer Letter, #25 Exhibit 151- Walton Expert Report, #26 Exhibit 152- c6 Foams vs Legacy & Fluorine Free Foams, #27 Exhibit 153- 9/24/04 email chain re c8 Content, #28 Exhibit 154-SFPE Foam Presentation, #29 Exhibit 155- Chemguard Environmental Statement, #30 Exhibit 156- American Chemical Society Public Policy Statement, #31 Exhibit 157- FAQs as of 11/20/17, #32 Exhibit 158- Air Force Official Defends Foam Use, #33 Exhibit 159- News Release: EPA Settles Case, #34 Exhibit 160- Guiding Principles and Key Elements for Establishing a Weight of Evidence for Chemical Assessment, #35 Exhibit 161- c8 Science Panel Probable Link to Cancer, #36 Exhibit 162- QPL-24385-7, #37 Exhibit 163- 3M Product Info Bulletin for Light Water, #38 Exhibit 164- AFFF Mil Spec Correspondence File No. 1, #39 Exhibit 165- Naval Research Lab Internal Memo, #40 Exhibit 166- 2/2/77 Naval Research Lab Memo, #41 Exhibit 167- 4/26/06 email chain re News Release, #42 Exhibit 168- Compound Specific Quantitative Characterization of Organic Fluorochemicals, #43 Exhibit 169- Letter from Warren Guy to 3M, #44 Exhibit 170- Decatur Worker Communication Timeline, #45 Exhibit 171- Tech Report Summary, Analysis of Fluorochemicals, #46 Exhibit 172- 6/22/79 Internal Memo re: Fluoride Analysis, #47 Exhibit 173- 2/6/79 Internal memo re: Analysis of China Serum, #48 Exhibit 174- Martin Expert Report, #49 Exhibit 175- 4/6/78 Internal Memo, #50 Exhibit 176- 9/19/77 Internal Memo, #51 Exhibit 177- 8/31/78 Broad Aspects, #52 Exhibit 178- Technical Report Summary FC 95, #53 Exhibit 179- Tech Report Summary FC 143, #54 Exhibit 180- Mader Depo Transcript, #55 Exhibit 181- EPA Activity Under TOSCA, #56 Exhibit 182- 6/1/78 Internal Memo 3M, #57 Exhibit 183- 5/26/78 Internal Memo 3M, #58 Exhibit 183- 3/16/78 Notification of Substantial Risk, #59 Exhibit 185- Blank, #60 Exhibit 186- Spreadsheet re: Annual 3M Production, #61 Exhibit 187- 11/19/80 Letter to EPA, #62 Exhibit 188- 3M Internal Memo 5/3/79, #63 Exhibit 189- 2/12/82 Letter to EPA re: PMN-P-82-52, #64 Exhibit 190- Letter from Substances Control Act Interagency Testing Committee to 3M, #65 Exhibit 191- Federal Register 47:39 P 8244, #66 Exhibit 192 part 1- Federal Register 47:38, #67 Exhibit 192 part 2- Federal Register 47:38, #68 Exhibit 192 part 3- Federal Register 47:38, #69 Exhibit 192 part 4- Federal Register 47:38, #70 Exhibit 193- Olsen Depo Transcript, #71 Exhibit 194- Letter from 3M to the EPA 7/15/82, #72 Exhibit 195- Information Review 9/22/83, #73 Exhibit 196- 12/30/88 Internal Memo, #74 Exhibit 197- Estimation of safe level of PFOS in Plasma, #75 Exhibit 198- 2/5/99 Letter from 3M to EPA, #76 Exhibit 199- MSDS for FC-1094 Fluorad Brand Surfactant, #77 Exhibit 200- 12/6/04 Complaint In re EI Du Pont de Nemours & Co, #78 Exhibit 201-3/11/15 Dept of Navy Internal Memo, #79 Exhibit 202- Close Our Brief by John Farley, #80 Exhibit 203- LEtter from NAVSEA to Tyco 11/4/14, #81 Exhibit 204- Hubert Depo Transcript, #82 Exhibit 205- Tyco and Chemguard's Responses to Interrogatories, #83 Exhibit 206- 10/23/14 Letter from NAVSEA to Tyco, #84 Exhibit 207- Letter from Tyco to NAVSEA re 4123 Ser 055/2014-271, #85 Exhibit 208- Novak Depo Transcript, #86 Exhibit 209- 12/2/14 Letter from NAVSEA, #87 Exhibit 210- 11/17/14 Letter from Covington & Burling to NAVSEA, #88 Exhibit 211- Vesgo Depo Transcript, #89 Exhibit 212- Correspondence between FM Global and Buckeye, #90 Exhibit 213- 2/7/18 Email from Burns to Vesgo, #91 Exhibit 214- Email 1/23/12 re: draft wording for email, #92 Exhibit 215- Buckeye's Response to Interrogatories, #93 Exhibit 216- 7/24/15 Buckeye 3% Mil Spec Mixing Spec, #94 Exhibit 217- 10/25/16 3% Mil Spec Mixing Spec, #95 Exhibit 218- 8/18/16 email chain re BAEI 225413-AO Bombardier 3101, #96 Exhibit 219- Email re picking slip for foam carts, #97 Exhibit 220- QPL-24385-32, #98 Exhibit 221- QPL-24385-33, #99 Exhibit 222- Buckeye BFC- 3MS Premium 3% Military Spec AFFF Concentrate, #100 Exhibit 223- 9/30/15 email chain from Ruggles to Devonshire, #101 Exhibit 224- 9/22/15 response to Buckeye's request to remove Buckeye 3% BFC-3MS AFF, #102 Exhibit 225- Letter from Buckeye to Harris Corp, #103 Exhibit 226- 7/19/17 email chain re: Buckeye AFFF Qualification Report, #104 Exhibit 227- 3/20/19 email chain re: Buckeye Update, #105 Exhibit 228- Declaration of Bowling, #106 Exhibit 229- Email from Darwin to LCDR Davis Kong, #107 Exhibit 230- Email chain 3/31/06 re: AFFF, #108 Exhibit 231- email from Cortina to Fire Fighting Foam Coalition Members, #109 Exhibit 232- AFFF Update, meeting with DOD presentation, #110 Exhibit 233- FFF Coalition Meeting Minutes, #111 Exhibit 234- Thomas Expert Report, #112 Exhibit 235- 4/18/01 Email chain re EPA Meeting Comments, #113 Exhibit 236- 10/18/02 email from Dowling, #114 Exhibit 237- 4/3/02 email re: AR-226, #115 Exhibit 238- Chemguard's Technical Bulletin, #116 Exhibit 239- Technical Bulletin Buckeye, #117 Exhibit 240- 7/17/08 email chain re: PFOS, #118 Exhibit 241- Letter from Buckeye to Kinder Morgan, #119 Exhibit 242- Presentation by Kleiner, #120 Exhibit 243- Letter from Ansul to NAVSEA, #121 Exhibit 244- Fax from Dynax to Hubert 12/1/98, #122 Exhibit 245- Detrmination of Perfluorocarboxylates in Groundwater, #123 Exhibit 246- 3/8/02 Agenda of FFF Coalition Board of Directors, #124 Exhibit 247- FFF Coalition Minutes 4/27/17, #125 Exhibit 248- FFF Coalition Minutes 12/1/17, #126 Exhibit 249- PFOS & PFOA in Towalex Foams, #127 Exhibit 250- 12/5/12 email chain re: Ansuite, #128 Exhibit 251- Ublacker transcript, #129 Exhibit 252- 11/26/18 Folder containing FFFC Bylaws, #130 Exhibit 253- 7/25/06 email chain re: Solberg, #131 Exhibit 254- Rambo Depo Transcript, #132 Exhibit 255- Plaintiffs' Exhibit List)(Thompson, Fred)
June 17, 2022 Filing 2408 MDL CONDITIONAL TRANSFER ORDER #93, Received from the Multi-District Litigation Panel. (sshe, )
June 15, 2022 Filing 2407 NOTICE of Appearance by Joseph P Koncelik on behalf of Oshkosh Corporation, Pierce Manufacturing Inc Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(Koncelik, Joseph)
June 15, 2022 Filing 2406 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 6/10/2022, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 7/6/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/13/2022. (kmartin, )
June 15, 2022 Filing 2405 Letter from Frederick Gaston Hall re: Lifetime Drinking Water Health Advisories. (Hall, Frederick)
June 15, 2022 Opinion or Order Filing 2404 ORDER This Order Relates to All Cases. Plaintiffs' motion to seal (Dkt. No. #2403 ) is GRANTED. Plaintiffs are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 6/15/2022.(sshe, )
June 14, 2022 Filing 2403 MOTION to Seal Certain Documents Filed at Docket no. 2402 by Plaintiffs. Response to Motion due by 6/28/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1- Index, #2 Exhibit 2- Certificate of Compliance, #3 Exhibit 3- Placeholder sheets, #4 Exhibit 4- Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
June 14, 2022 Filing 2402 REPLY to Response to Motion re #2318 MOTION to Compel Discovery from E.I, DuPont de Nemours and Company, The Chemours Company, and Chemours Company FC, LLC Response filed by Plaintiffs. (Attachments: #1 Affidavit Downing Reply Declaration, #2 Exhibit Updated Exh 25 with entries Def agreed to produce notated, #3 Exhibit Updated Exh 28 with entries Def agreed to produce notated, #4 Exhibit Updated Exh 29 with entries Def agreed to produce notated, #5 Exhibit Updated Exh 31 with entries Def agreed to produce notated, #6 Exhibit Updated Exh 32 with entries Def agreed to produce notated, #7 Exhibit Updated Exh 33 with entries Def agreed to produce notated, #8 Exhibit Updated Exh 34 with entries Def agreed to produce notated, #9 Exhibit September 17, 2015 email from Julie Mazza to David Shelton, #10 Exhibit July 28, 2015 email from Mark Newman to Mark Vergnano, #11 Exhibit Copy of the minutes of a December 9, 2015 special Board of Directors meeting, #12 Exhibit January 25, 2016 email from Reg Malmberg to Sameer Ralhan and Mark Newman, #13 Exhibit July 1, 2015 email from Mary Van Veen to Donna Grier, Barry Niziolek, and Linda West, #14 Exhibit December 3, 2015 email from Sylvie Gallou to Amy Trojanowski et al, #15 Exhibit December 21, 2015 email from Mark Newman to Mark Vergnano,, #16 Exhibit January 25, 2016 email from Mark Vergnano to Alisha Bellezza, #17 Exhibit August 26, 2015 email from Mark Newman to Alisha Bellezza, #18 Exhibit October 20, 2014 email from Bryan Snell to Linda West, #19 Exhibit November 23, 2017 email from Mark Staub to Mark Newman, #20 Exhibit December 4, 2014 email from Sheryl Telford to Don Linsenmann,, #21 Exhibit 12/18/19 hearing transcript)(Thompson, Fred)
June 14, 2022 Filing 2401 TEXT ORDER Due to pending briefing, Plaintiffs have requested additional time, (Dkt. No. #2400 ), to respond to Defendants' letter motion to compel, (Dkt. No. #2399 ). The Court GRANTS Plaintiffs' request. Plaintiffs have until June 22, 2022 to file a response to Defendants' letter motion. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 6/14/22. (sshe, )
June 14, 2022 Filing 2400 Letter from Plaintiffs' Executive Committee in Response to 6/13/22 Letter from Counsel for3M. (Thompson, Fred)
June 13, 2022 Filing 2399 Letter from Counsel for 3M Company. (Duffy, Brian)
June 13, 2022 Filing 2398 NOTICE of Appearance by I. Andrew Goldberg on behalf of Commonwealth of Massachusetts Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01649-RMG(Goldberg, I. Andrew)
June 10, 2022 Filing 2397 TEXT ORDER granting #2396 . Plaintiffs have a 10-page extension for their responsive filing. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 6/10/2022.(sshe, )
June 10, 2022 Filing 2396 MOTION for Leave to File Excess Pages for Plaintiffs' Reply in Response to Opposition to Motion to Compel (Dkt 2368) by Plaintiffs. Response to Motion due by 6/24/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Attorney Consent)No proposed order.(Thompson, Fred)
June 10, 2022 Filing 2395 NOTICE of Appearance by George H Buermann on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01195-RMG(Buermann, George)
June 10, 2022 Filing 2394 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Status Conference held on 6/10/2022. All parties are represented on the call. Monthly status conference to be held July 8th will be conducted by telephone. Counsel who will be arguing the Government Contract Immunity issue are to submit conflict dates for August and September. Court Reporter Karen Martin. (cper, )
June 10, 2022 Filing 2393 NOTICE of Appearance by Rosemarie Carmella Hebner on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01195-RMG(Hebner, Rosemarie)
June 9, 2022 Filing 2391 NOTICE of Voluntary Dismissal by State of Colorado Attorney General Notice of Dismissal Without Prejudice Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i) and Case Management Orders 12 and 12A of Defendants Angus International Safety Group, Ltd., Angus Fire Armour Corporation, and DowDuPont, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01195-RMG(Starnella, Kathryn)
June 8, 2022 Filing 2389 Letter from Matlick Enterprises, Inc.. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01702-RMG(Thurlow, Matthew)
June 7, 2022 Filing 2388 STIPULATION of Dismissal without prejudice by Christopher Lynn Andrews.(Anderson, Gary) Refiled correctly in management case, and spread to applicable member cases as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01255-RMG(sshe, )
June 6, 2022 Filing 2387 MDL CONDITIONAL TRANSFER ORDER #91, Received from the Multi-District Litigation Panel. (sshe, )
June 1, 2022 Filing 2386 MDL TRANSFER ORDER Orange County Water District action (CAC 8:21-cv-01029) listed on Schedule A, Received from the Multi-District Litigation Panel. (sshe, )
May 27, 2022 Filing 2385 Sealed Document in re document #2368 . (Attachments: #1 Ex C - Deloitte Contingent Liabilities Report (AFFF-MDL-HLokey00011799), #2 Ex G - Planning Presentation Regarding Spinoff (AFFF-MDL-CHE-FT-00020047), #3 Ex N - Houlihan Lokey Solvency Analysis (AFFF-MDL-CHE-FT-00050115), #4 Ex Q - Historic DuPont Arbitration Log No. 385 (AFFF-MDL-EID-FT-00142343), #5 Ex R - Historic DuPont Arbitration Log No. 3795 (AFFF-MDL-EID-FT-00154259), #6 Ex S - Historic DuPont AFFF Log No. 251 (AFFF-MDL-EID-FT-00021669), #7 Ex T - City of Ayer Privilege Log (Dec. 28, 2021), #8 Ex U - City of Sioux Falls Privilege Log (Feb. 2, 2022), #9 Ex V - Historic DuPont Arbitration Log No. 2923 (AFFF-MDL-EID-FT-00154836), #10 Ex W - Historic DuPont AFFF Log No. 279 (AFFF-MDL-EID-FT-00010525), #11 Ex X - Historic DuPont AFFF Log No. 303 (AFFF-MDL-EID-FT-00010532))(Casey, Alice)
May 26, 2022 Filing 2383 TEXT ORDER granting #2379 Motion for John W. Cerrata to Withdraw as Attorney by Chubb Fire, Ltd. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 5/26/22.(sshe, )
May 26, 2022 Filing 2382 TEXT ORDER granting #2377 Motion for Keith H. Bensten to Withdraw as Attorney by Chubb Fire, Ltd. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 5/26/22.(sshe, )
May 26, 2022 Filing 2381 TEXT ORDER granting #2376 Motion for Jonathan I. Handler to Withdraw as Attorney by Chubb Fire, Ltd. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 5/26/22.(sshe, )
May 26, 2022 Opinion or Order Filing 2380 ORDER This Order Relates to All Cases. Defendants' Motion to Seal (Dkt No. #2369 ) is GRANTED. Defendants are directed to file on the docket, under seal, an unredacted version of their motion with accompanying exhibits. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/26/22.(sshe, )
May 26, 2022 Filing 2379 MOTION to Withdraw as Attorney as additional counsel for Chubb Fire, Ltd. by Chubb Fire, Ltd.. Response to Motion due by 6/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Cerreta, John)
May 26, 2022 Filing 2378 Sealed Document in re document #2318 . (Attachments: #1 Exhibit 10- Redline of DuPont Feb 3 Log, #2 Exhibit 12- Redline of DuPont Jan 24 Log, #3 Exhibit 15- Chemours' Feb 14 Letter, #4 Exhibit 17- Chemours' Feb 22 Letter, #5 Exhibit 19- Chemours' March 3 Letter, #6 Exhibit 21- Chemours' March 20 Letter, #7 Exhibit 22- Amended AFFF Log, #8 Exhibit 23- Amended DE Log, #9 Exhibit 39- AFFF-MDL-CHE-FT-00016432, #10 Exhibit 40- AFFF-MDL-EID-FT-00097072, #11 Exhibit 41- July 2014 Project Beta Update Board of Directors Meetings, #12 Exhibit 42- December 10, 2014 letter from Skadden, #13 Exhibit 43- June 3, 2015 email from Nick Fanandakis, #14 Exhibit 44- June 3, 2015 email from Mark Vergnano, #15 Exhibit 45- February 18, 2015 email from Sameer Ralhan, #16 Exhibit 46- June 2, 2015 email from John Ward, #17 Exhibit 47-March 30, 2015 email from Mark Vergnano, #18 Exhibit 48-June 4, 2015 email from Mark Newman, #19 Exhibit 49-June 18, 2015 email from Mark Vergnano, #20 Exhibit 50-April 6, 2015 letter from JPMorgan Chase Bank, #21 Exhibit 51-January 11, 2016 letter from Alix Partners, #22 Exhibit 52-April 25, 2014 letter from Goldman Sachs, #23 Exhibit 53-a May 29, 2015 letter from Houlihan Lokey, #24 Exhibit 55-January 1, 2012 letter from Old DuPont, #25 Exhibit 59-email from Valerie Nelson AFFF-MDL-EID-FT-00008376, #26 Exhibit 60-August 7, 2017 PowerPoint for Jefferies Industrial, #27 Exhibit 62-August 1, 2017 Second Quarter 2017 Q&A Document, #28 Exhibit 63-February 3, 2016 PowerPoint for Lender Update, #29 Exhibit 64-April 2017 letter from Mark Vergnano, #30 Exhibit 65-April 2017 letter from Mark Vergnano AFFF-MDL-CHE-FT-00199082, #31 Exhibit 66-February 21, 2016 email from Saurabh Rastogi, #32 Exhibit 67-July 15, 2015 email from Sheryl Telford, #33 Exhibit 68-March 2017 Barclays Conference Materials, #34 Exhibit 69-July 30, 2018 Board of Directors Meeting Materials, #35 Exhibit 70-May 2016 Chemours PowerPoint, #36 Exhibit 71-November 2020 Chemours Environmental Competency Meeting PowerPoin, #37 Exhibit 72-June 7, 2017 email from Mark Newman, #38 Exhibit 73-April 8, 2016 email from Alisha Bellezza, #39 Exhibit 74-August 26, 2015 email from Mark Newman, #40 Exhibit 75-November 23, 2017 email from Mark Staub, #41 Exhibit 76-March 6, 2018 email from Paul Mazierski, #42 Exhibit 77-April 11, 2018 email from Sameer Ralhan, #43 Exhibit 78-July 15, 2015 email from Sheryl Telford, #44 Exhibit 79-June 8, 2016 email from Stephen Shoemaker, #45 Exhibit 80-February 13, 2018 4Q 2017 & FY 2017 Financial Update, #46 Exhibit 81-January 4, 2016 email from Nick Fanandakis, #47 Exhibit 82-April 17, 2015 email from Donna Grier, #48 Exhibit 83-April 23, 2015 email from Karen Meneely)(Thompson, Fred)
May 26, 2022 Filing 2377 MOTION to Withdraw as Attorney as additional counsel for Chubb Fire, Ltd. by Chubb Fire, Ltd.. Response to Motion due by 6/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bensten, Keith)
May 26, 2022 Filing 2376 MOTION to Withdraw as Attorney as additional counsel for Chubb Fire, Ltd. by Chubb Fire, Ltd.. Response to Motion due by 6/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Handler, Jonathan)
May 25, 2022 Filing 2375 STIPULATION of Dismissal Without Prejudice by Richard Bomar. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03417-RMG(Zgoda, Richard)
May 25, 2022 Filing 2374 STIPULATION of Dismissal Without Prejudice by Julius Bailey. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03179-RMG(Zgoda, Richard)
May 25, 2022 Filing 2373 NOTICE of Appearance by Kathryn Anne Teresa Starnella on behalf of State of Colorado Attorney General Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01195-RMG(Starnella, Kathryn)
May 25, 2022 Filing 2372 NOTICE of Appearance by Leslie A Eaton on behalf of State of Colorado Attorney General Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01195-RMG(Eaton, Leslie)
May 25, 2022 Filing 2371 NOTICE of Appearance by Heather Kelly on behalf of State of Colorado Attorney General Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01195-RMG(Kelly, Heather)
May 25, 2022 Filing 2370 STIPULATION of Dismissal Without Prejudice by Michael O'Neil. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02759-RMG(Zgoda, Richard)
May 24, 2022 Filing 2369 MOTION to Seal by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC. Response to Motion due by 6/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Ex. A - List of Documents to be Sealed, #2 Certificate of Compliance, #3 Placeholder Sheet for Confidential Documents, #4 Proposed Order for Motion to Seal)Proposed order is being emailed to chambers with copy to opposing counsel.(Casey, Alice)
May 24, 2022 Filing 2368 RESPONSE in Opposition re #2318 MOTION to Compel Discovery from E.I, DuPont de Nemours and Company, The Chemours Company, and Chemours Company FC, LLC Response filed by E.I. du Pont de Nemours & Company, The Chemours Company, The Chemours Company FC, LLC.Reply to Response to Motion due by 5/31/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Declaration of Katharine A. Roin, #2 Ex A - 2013 Historic DuPont 10-K (AFFF-MDL-EID-00175277), #3 Ex B - 2014 Historic DuPont 10-K (AFFF-MDL-EID-00174565), #4 Ex C - Deloitte Contingent Liabilities Report (AFFF-MDL-HLokey00011799), #5 Ex D - 2015 Historic DuPont 10-K (AFFF-MDL-EID-00175122), #6 Ex E - 2017 Historic DuPont 10-K (AFFF-MDL-EID-00173833), #7 Ex F - Separation Agreement (AFFF-MDL-EID-00174663), #8 Ex G - Planning Presentation Regarding Spinoff (AFFF-MDL-CHE-FT-00020047), #9 Ex H - Press Release (Jan. 22, 2021), #10 Ex I - Memorandum of Understanding (AFFF-MDL-CHE-FT-00050541), #11 Ex J - List of Log Nos. Not Previously Raised by Plaintiffs, #12 Ex K - List of Challenged Log Nos. Historic DuPont Will Correct or Produce, #13 Ex L - Press Release (July 1, 2015), #14 Ex M - 2021 Historic DuPont 10-K, #15 Ex N - Houlihan Lokey Solvency Analysis (AFFF-MDL-CHE-FT-00050115), #16 Ex O -2021 Chemours 10-K, #17 Ex P - S&P Capital IQ Report, #18 Ex Q - Historic DuPont Arbitration Log No. 385 (AFFF-MDL-EID-FT-00142343), #19 Ex R - Historic DuPont Arbitration Log No. 3795 (AFFF-MDL-EID-FT-00154259), #20 Ex S - Historic DuPont AFFF Log No. 251 (AFFF-MDL-EID-FT-00021669), #21 Ex T - City of Ayer Privilege Log (Dec. 28, 2021), #22 Ex U - City of Sioux Falls Privilege Log (Feb. 2, 2022), #23 Ex V - Historic DuPont Arbitration Log No. 2923 (AFFF-MDL-EID-FT-00154836), #24 Ex W - Historic DuPont AFFF Log No. 279 (AFFF-MDL-EID-FT-00010525), #25 Ex X - Historic DuPont AFFF Log No. 303 (AFFF-MDL-EID-FT-00010532), #26 Declaration of Margaret Raymond-Flood, #27 Ex A to Raymond-Flood's Declaration - Parties' Joint Email to Court re Procedure, #28 Ex B to Raymond-Flood's Declaration - Chemours Docs to be included in Supplemental Production, #29 Affidavit of Michelle Elizabeth Olson)(Casey, Alice)
May 24, 2022 Filing 2367 NOTICE of Appearance by Rosemarie Carmella Hebner on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01589-RMG, 2:22-cv-01590-RMG(Hebner, Rosemarie)
May 24, 2022 Filing 2366 NOTICE of Appearance by George H Buermann on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01589-RMG, 2:22-cv-01590-RMG(Buermann, George)
May 24, 2022 Filing 2365 NOTICE of Appearance by George H Buermann on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-00711-RMG, 2:22-cv-01303-RMG(Buermann, George)
May 24, 2022 Filing 2364 NOTICE of Appearance by Rosemarie Carmella Hebner on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-00711-RMG, 2:22-cv-01303-RMG(Hebner, Rosemarie)
May 23, 2022 Opinion or Order Filing 2363 ORDER This Order Relates to All Cases. Defendants' Motion to Seal (Dkt No. #2349 ) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/23/22.(sshe, )
May 23, 2022 Opinion or Order Filing 2362 ORDER This Order Relates to Case No. 2:20-cv-1665-RMG. The Town of East Hampton's motion to amend (Dkt. No. #2361 in case 2:18-mn-02873-RMG; (30) in case 2:20-cv-01665-RMG) is GRANTED and it is directed to promptly file the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/23/22.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01665-RMG(sshe, )
May 19, 2022 Filing 2361 MOTION to Amend/Correct Complaint by Town of East Hampton. Response to Motion due by 6/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit, #3 Exhibit A -Proposed Amended Complaint, #4 Exhibit B- Redline of Amended Complaint)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01665-RMG(Rigano, Nicholas)
May 19, 2022 Filing 2360 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Fire Dex, LLC. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-01303-RMG, 2:22-cv-01589-RMG(Gildea, William)
May 19, 2022 Filing 2359 NOTICE of Voluntary Dismissal by Tyreese M Martinez, Cody Medearis, Tracy Medearis as to BASF Corporation and National Foam, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00705-RMG, 2:22-cv-01575-RMG(Croner, Andrew)
May 19, 2022 Filing 2357 TEXT ORDER granting #2356 . Defendants have a 15-page extension for their responsive filing. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 5/19/22.(sshe, )
May 19, 2022 Filing 2356 MOTION for Leave to File Excess Pages by E.I. du Pont de Nemours & Company. Response to Motion due by 6/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Casey, Alice)
May 18, 2022 Filing 2358 NOTICE of Appearance by William Gildea on behalf of Fire-Dex LLC (Gildea, William) Refiled correctly in management case, and spread to applicable member cases as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-01303-RMG(sshe, )
May 18, 2022 Filing 2355 NOTICE of Appearance by Kevin Kenneally on behalf of Fire-Dex LLC (Kenneally, Kevin) Refiled correctly in management case, and spread to applicable member cases as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00710-RMG, 2:22-cv-01303-RMG(sshe, )
May 18, 2022 Filing 2354 MDL CONDITIONAL TRANSFER ORDER #90, Received from the Multi-District Litigation Panel. (sshe, ) (Main Document 2354 replaced on 5/18/2022) (sshe, ). Modified on 5/18/2022 to replace with corrected document per JPML (sshe, ).
May 18, 2022 Filing 2353 TEXT ORDER re #2329 . The parties motion for a briefing extension is GRANTED. In their briefing, the parties are DIRECTED to propose an orderly and manageable procedure for the Court to review in camera a representative sample of the documents off the privilege log. AND IT IS SO ORDERED. (Response to Motion #2318 due by 5/24/2022; any Reply to Response due 6/14/2022.) Entered at the Direction of Honorable Richard M Gergel on 5/18/22.(sshe, )
May 17, 2022 Filing 2352 NOTICE of Voluntary Dismissal by City of Pensacola Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Bowden, Wesley) Modified party filer on 5/18/2022 (sshe, ).
May 17, 2022 Filing 2351 NOTICE of Voluntary Dismissal by CORAOPOLIS WATER AND SEWER AUTHORITY as to Daikin America, Inc. only Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-02384-RMG(Sanchez, M)
May 17, 2022 Filing 2350 NOTICE of Voluntary Dismissal by England Economic and Industrial Development District as to Daikin America, Inc. only Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(Sanchez, M)
May 13, 2022 Filing 2349 MOTION to Seal Certain Exhibits to their Memoranda of Law in Support of Defendants' Motion for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense by Defendants. Response to Motion due by 5/27/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Descriptive Index of Documents, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Placeholder Sheet, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
May 13, 2022 Filing 2348 Additional Attachments to Main Document #2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense. First attachment description: Telomer Milspec AFFF Manufacturers' Memorandum of Law in Support of Defendants' Motion for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense . (Attachments: #1 Appendix Appendix, #2 Appendix Exhibit List, #3 Exhibit TMM 1, #4 Exhibit TMM 2, #5 Exhibit TMM 3, #6 Exhibit TMM 4, #7 Exhibit TMM 5, #8 Exhibit TMM 6, #9 Exhibit TMM 7, #10 Exhibit TMM 8, #11 Exhibit TMM 9, #12 Exhibit TMM 10, #13 Exhibit TMM 11, #14 Exhibit TMM 12, #15 Exhibit TMM 13, #16 Exhibit TMM 14, #17 Exhibit TMM 15, #18 Exhibit TMM 16, #19 Exhibit TMM 17, #20 Exhibit TMM 18, #21 Exhibit TMM 19, #22 Exhibit TMM 20, #23 Exhibit TMM 21, #24 Exhibit TMM 22, #25 Exhibit TMM 23, #26 Exhibit TMM 24, #27 Exhibit TMM 25, #28 Exhibit TMM 26, #29 Exhibit TMM 27, #30 Exhibit TMM 28, #31 Exhibit TMM 29, #32 Exhibit TMM 30, #33 Exhibit TMM 31, #34 Exhibit TMM 32, #35 Exhibit TMM33, #36 Exhibit TMM 34, #37 Exhibit TMM 35, #38 Exhibit TMM 36, #39 Exhibit TMM 37, #40 Exhibit TMM 38, #41 Exhibit TMM 39, #42 Exhibit TMM 40, #43 Exhibit TMM 41, #44 Exhibit TMM 42, #45 Exhibit TMM 43, #46 Exhibit TMM 44, #47 Exhibit TMM 45, #48 Exhibit TMM 46, #49 Exhibit TMM 47, #50 Exhibit TMM 48, #51 Exhibit TMM 49, #52 Exhibit TMM 50, #53 Exhibit TMM 51, #54 Exhibit TMM 52, #55 Exhibit TMM 53, #56 Exhibit TMM 54, #57 Exhibit TMM 55, #58 Exhibit TMM 56, #59 Exhibit TMM 57, #60 Exhibit TMM 58, #61 Exhibit TMM 59, #62 Exhibit TMM 60, #63 Exhibit TMM 61, #64 Exhibit TMM 62, #65 Exhibit TMM 63, #66 Exhibit TMM 64, #67 Exhibit TMM 65, #68 Exhibit TMM 66)(Dukes, David)
May 13, 2022 Filing 2347 Additional Attachments to Main Document #2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense. First attachment description: Memorandum of Law in Support of Defendants' Motion for Partial Summary Judgment . (Attachments: #1 Exhibit List, #2 Exhibit 1- US Corrected Objections and Responses to Defendants' First Set of Interrogatories, #3 Exhibit 2- DOJ Letter to Plaintiffs Liaison Counsel, #4 Exhibit 3- DLA spreadsheet of AFFF purchases, #5 Exhibit Navy letter to 3M re: QPL, Jan. 11, 1978, #6 Exhibit 5- Patent No. 2,456,027, Dec. 14, 1948, #7 Exhibit 6- Patent No. 2,519,983, Aug. 22, 1950, #8 Exhibit 7-Patent No. 2,803,656, Aug. 20, 1957, #9 Exhibit 8- E.A. Kauck, et al., Some Properties of Perfluorocarboxylic Acids, #10 Exhibit 9- Gordon L. Nordby, et al., Perfluorooctanoic Acid Interactions, #11 Exhibit 10- 3M Technical Information, June 15, 1963, #12 Exhibit 11-3M Letter to EPA, #13 Exhibit 12- James D. Johnson, et al., Cholestyramine-Enhanced Fecal Elimination of Carbon-14 in Rats, #14 Exhibit 13- EPA Status Report, Aug. 21, 1981, #15 Exhibit 14-EPA Status Report, Apr. 27, 1981, #16 Exhibit 15-Navy letter to The Ansul Company, Oct. 15, 1981, #17 Exhibit 16-3M letter to Naval Sea Systems Command, Oct. 8, 1981, #18 Exhibit 17-3M letter to EPA, Mar. 22, 1982, #19 Exhibit 18-3M letter to EPA, Oct. 16, 1987, #20 Exhibit 19- 3M Two Year Oral (Diet) Toxicity/Carcinogenicity Study, #21 Exhibit 20-F.D. Griffith, et al., Animal toxicity studies, #22 Exhibit 21-3M Product Environmental Data for FC-95, Feb. 16, 1981, #23 Exhibit 22-Letter from Eric Reiner to William Runyan, #24 Exhibit 23- Letter from Eric Reiner to Harry Torabi, #25 Exhibit 24- Letter from Eric Reiner to Jim Spain, #26 Exhibit 25- 3M Material Safety Data Sheet for FC-206CF,, #27 Exhibit 26-3M letter to EPA re: TSCA Section 8(e), #28 Exhibit 27- 3M letter to EPA re: TSCA 8(e) Supplemental Notice:, #29 Exhibit 28- 3M letter to EPA, Apr. 20, 2000, #30 Exhibit 29- 3M letter to EPA re: Information on Perfluororooctane Sulfonates,, #31 Exhibit 30-3M letter to EPA, Apr. 21, 2000, #32 Exhibit 31-3M letter to EPA, Apr. 28, 2000, #33 Exhibit 32-Attachment to 3M letter to EPA, May 4, 2000, #34 Exhibit 33-3M letter to EPA, May 11, 2000, #35 Exhibit 34-3M letter to EPA, May 18, 2000, #36 Exhibit 35-3M letter to EPA re: Information on Perfluorooctane Sulfonates, #37 Exhibit 36-3M letter to EPA, #38 Exhibit 37- 3M letter to EPA re: Information on Perfluorooctane Sulfonates Mixtures, #39 Exhibit 38-3M letter to EPA, Sept. 19, 2000, #40 Exhibit 39- 3M letter to EPA, Oct. 9, 2000, #41 Exhibit 40- 3M Draft Initial Assessment Report, #42 Exhibit 41- 3M letter to EPA, #43 Exhibit 42- 3M letter to EPA re: TSCA 8(e), #44 Exhibit 43- 3M White Paper, Perfluorooctane Sulfonate, #45 Exhibit 44- 3M White Paper, The Science of Organic Fluorochemistry,, #46 Exhibit 45-3M White Paper, Fluorochemical Use, Distribution and Release Overview, #47 Exhibit 46-3M White Paper, Sulfonated Perfluorochemicals in the Environment, #48 Exhibit 47- W.S. Guy, et al. Organic Fluorocompounds in Human Plasma, #49 Exhibit 48- Fluoride, Vol. 10, No. 3 (excerpt, #50 Exhibit 49- Jonathan Martin, et al., Analytical Challenges Hamper Perfluoroalkyl Research, #51 Exhibit 50- Product Review: Electrospray continues, #52 Exhibit 51- 3M Meeting Minutes, #53 Exhibit 52- Method for Determination of the Total Fluorine, #54 Exhibit 53- A Method for the Determination of Perfluorooctanoic, #55 Exhibit 54- Katherine Raleigh, et al., Mortality and cancer incidence in ammonium perflorooctanoate production workers, #56 Exhibit 55- ATSDR, Toxicological Profile for Perfluoroalkyls, May 2021, #57 Exhibit 56- ATSDR, PFAS, #58 Exhibit 57- Cheryl A. Moody, et al., Determination of Perluorocarboxylates, #59 Exhibit 58-3M Field Letter, Mar. 11 & 12, 1982)(Olsen, Michael)
May 13, 2022 Filing 2346 MOTION for Partial Summary Judgment on the Second and Third Elements of the Government Contractor Immunity Defense by 3M Company. Response to Motion due by 5/27/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit List, #3 Exhibit 143- Defense Standardization Program Office, #4 Exhibit 144- Deposition of John Farley, #5 Exhibit 145- AFFF MilSpec Correspondence File #3)No proposed order.(Olsen, Michael) Modified on 5/16/2022 to reference #2347 and #2348 Additional Attachments filed 5/13/2022(sshe, ).
May 12, 2022 Opinion or Order Filing 2345 ORDER This Order Relates to: 2:22-cv-00604-RMG. Defendant's motion for leave to move dismiss (Dkt. No. #2330 in case 2:18-mn-02873-RMG; (49) in case 2:22-cv-00604-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/12/22.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00604-RMG(sshe, )
May 12, 2022 Filing 2344 NOTICE of Appearance by Richard P Cassetta on behalf of Chubb Fire, Ltd. (Cassetta, Richard)
May 10, 2022 Filing 2343 NOTICE of Voluntary Dismissal by County Of Westchester Without Prejudice as to Defendant Angus International Safety Group, Ltd. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01724-RMG(Thompson, Fred)
May 9, 2022 Filing 2342 MDL CONDITIONAL TRANSFER ORDER #89, Received from the Multi-District Litigation Panel. (sshe, )
May 6, 2022 Filing 2341 NOTICE of Voluntary Dismissal by City of Portsmouth of Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01441-RMG(Taylor, Brandon)
May 6, 2022 Filing 2340 NOTICE of Appearance by Brandon J Taylor on behalf of City of Portsmouth Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01441-RMG(Taylor, Brandon)
May 6, 2022 Filing 2339 NOTICE of Appearance by Philip F Cossich on behalf of City of Portsmouth Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01441-RMG(Cossich, Philip)
May 6, 2022 Filing 2338 NOTICE of Appearance by Christina Cossich on behalf of City of Portsmouth Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01441-RMG(Cossich, Christina)
May 6, 2022 Filing 2337 NOTICE of Appearance by Luana N Smith on behalf of City of Portsmouth Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01441-RMG(Smith, Luana)
May 5, 2022 Filing 2336 DELETION OF DOCKET ENTRY NUMBER 2335 Reason: Attorney filing user filed notice in error (notice for the JPML) Filing date of original filing: 5/5/22 (sshe, )
May 5, 2022 Filing 2334 MDL CONDITIONAL TRANSFER ORDER #88, Received from the Multi-District Litigation Panel. (sshe, )
May 5, 2022 Filing 2333 CASE MANAGEMENT ORDER NO. 19-C. This Order Relates to All Actions. Please see Order for all Details and Deadlines regarding Third Amended Scheduling Order Governing First Water Provider Bellwether Trial. Specifically, this CMO 19-C allows for some additional time for Tier Two fact discovery and amends certain remaining deadlines accordingly. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 5/5/22. (sshe, )
May 4, 2022 Filing 2332 Letter from Defense Co-Leads. (Duffy, Brian)
May 3, 2022 Filing 2331 Letter from Plaintiff's Executive Committee. (Thompson, Fred)
May 2, 2022 Filing 2330 MOTION for Leave to File Motion to Dismiss the Entire Action by Phillips 66 Pipeline LLC. Response to Motion due by 5/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order [Proposed] Order Granting Phillips 66 Pipeline LLC's Motion for Leave to File a Motion to Dismiss the Entire Action, #2 Supporting Documents Defendant Phillips 66 Pipeline LLC's Notice of Motion and Motion to Dismiss the Entire Action, #3 Memo in Support Defendant Phillips 66 Pipeline LLC's Memorandum of Points and Authorities in Support of Motion to Dismiss the Entire Action, #4 Proposed Order [Proposed] Order Granting Phillips 66 Pipeline LLC's Motion to Dismiss the Entire Action, #5 Affidavit Declaration of Peter A. Strotz in Support of Defendant Phillips 66 Pipeline LLC's Motion for Leave to File a Motion for Leave to File a Motion to Dismiss the Entire Action, and Motion to Dismiss the Entire Action, #6 Supporting Documents Defendant Phillips 66 Pipeline LLC's Request for Judicial Notice in Support of Motion to Dismiss the Entire Action, #7 Proposed Order [Proposed] Order Granting Phillips 66 Pipeline LLC's Request for Judicial Notice in Support of Motion to Dismiss the Entire Action)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00604-RMG(Strotz, Peter)
May 2, 2022 Filing 2329 MOTION for Extension of Time to File Response/Reply as to #2318 MOTION to Compel Discovery from E.I, DuPont de Nemours and Company, The Chemours Company, and Chemours Company FC, LLC by E.I. du Pont de Nemours & Company. Response to Motion due by 5/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Casey, Alice)
April 29, 2022 Filing 2328 Additional Attachments to Main Document #2327 Letter. First attachment description: Exhibit A to letter (proposed scheduling order) with Redlines . (Thompson, Fred)
April 29, 2022 Filing 2327 Letter from Plaintiffs' Executive Committee Regarding Bellwether Schedule. (Attachments: #1 Proposed Order)(Thompson, Fred) Modified on 5/2/2022 to reference #2328 Additional Attachment filed 4/29/2022 (sshe, ).
April 29, 2022 Filing 2326 Letter from Defense Co-Lead Counsel re Schedule for Water Provider Bellwether Trial Pool Cases. (Attachments: #1 Exhibit A - Proposed CMO 19-C)(Kitts, Amanda)
April 29, 2022 Filing 2325 NOTICE of Voluntary Dismissal by City of Newburgh of Angus International Safety Group Ltd Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03358-RMG(Kendall, Amy)
April 29, 2022 Filing 2324 NOTICE of Voluntary Dismissal by The Randolph School, Inc., Miller's Mobile Home Park, Golden and Golden Building Company, Inc., Maple Grove Mobile Home Park Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01186-RMG, 2:22-cv-01187-RMG, 2:22-cv-01289-RMG, 2:22-cv-01290-RMG(Croner, Andrew)
April 28, 2022 Opinion or Order Filing 2323 ORDER This Order Relates to All Cases. Plaintiffs' motion to seal (Dkt. No. #2319 ) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/28/22.(sshe, )
April 27, 2022 Filing 2322 NOTICE of Appearance by Tate J Kunkle on behalf of Southeast Morris County Municipal Utilities Authority, The, East Moline, Illinois, City of, Verona, New Jersey, The Township of, Rock Island, Illinois, City of, Garfield, New Jersey, City of, Cary, Illinois, Village of, Lake In The Hills, Illinois, Village of, Hopedale, Massachusetts, Town of Associated Cases: 2:18-mn-02873-RMG et al.(Kunkle, Tate)
April 27, 2022 Filing 2321 NOTICE of Voluntary Dismissal by Town of East Hampton of Angus International Safety Group Ltd. only without prejudice Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01639-RMG(Rigano, Nicholas)
April 27, 2022 Filing 2320 NOTICE of Voluntary Dismissal re Angus International Safety Group Ltd only by Town of Falmouth Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-04206-RMG(Sanchez, M) Modified docket text for clarification as listed on document on 4/28/2022 (sshe, ).
April 26, 2022 Filing 2319 MOTION to Seal Motion and Certain Documents referenced in ECF 2318 by Plaintiffs. Response to Motion due by 5/11/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1- Index, #2 Exhibit 2- Certificate of Compliance, #3 Exhibit 3- Placeholder sheets, #4 Proposed Order 4- Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
April 26, 2022 Filing 2318 MOTION to Compel Discovery from E.I, DuPont de Nemours and Company, The Chemours Company, and Chemours Company FC, LLC by Plaintiffs. Response to Motion due by 5/11/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Appendix Downing Declaration, #2 Exhibit 1- 12/17/2021 Status Conference Transcript, #3 Exhibit 2- 12/17/2021 Order, #4 Exhibit 3- Plaintiff's Feb. 3 Objection, #5 Exhibit 4- DuPont's Feb 3 e-mail, #6 Exhibit 5- Plaintiff's Feb 7 email, #7 Exhibit 6- DuPont's Feb 8 letter, #8 Exhibit 7- DuPont's Feb 11 letter, #9 Exhibit 8- Plaintiff's Feb 16 objection, #10 Exhibit 9- DuPont's Feb 25 letter, #11 Exhibit 10- Redline of Dupont Feb 3 Log, #12 Exhibit 11- DuPont's March 16 email, #13 Exhibit 12- Redline of DuPont's January 24 Log, #14 Exhibit 13- DuPont's April 15 email, #15 Exhibit 14- Plaintiff's February 8 Objection, #16 Exhibit 15 - Chemour's February 14 letter, #17 Exhibit 16- Plaintiff's Feb 17 objection, #18 Exhibit 17- Chemour's February 22 Letter, #19 Exhibit 18- Plaintiff's February 26 objections, #20 Exhibit 19- Chemour's March 3 letter, #21 Exhibit 20- Plaintiff's March 14 objection, #22 Exhibit 21- Chemour's March 20 Letter, #23 Exhibit 22- Amended AFFF Log, #24 Exhibit 23- Amended DE log, #25 Exhibit 24- Plaintiff's March 30 email, #26 Exhibit 25- DuPont Chemours Schedule, #27 Exhibit 26- Chemours Skadden Schedule, #28 Exhibit 27- Waiver Schedule, #29 Exhibit 28- Crime Fraud Schedule, #30 Exhibit 29- Third Party Schedule, #31 Exhibit 30- Third Party List Schedule, #32 Exhibit 31- Redactions Schedule, #33 Exhibit 32- In-House Schedule, #34 Exhibit 33- AC Priv Schedule, #35 Exhibit 34- WP Schedule, #36 Exhibit 35- Chemours Verified Complaint, #37 Exhibit 36- Decision in Ohio Atty Gen v. DuPont, #38 Exhibit 37- Email 11/9/00 from Bowman, #39 Exhibit 38- CMO 7 in Ohio MDL, #40 Exhibit 39- AFFF-MDL- CHE-FT-0016432, #41 Exhibit 40-AFFF-MDL- EID-FT00097072, #42 Exhibit 41- AFFF-MDL- CHE-FT- 00022913, #43 Exhibit 42- AFFF-MDL- CHE-FT-00052553, #44 Exhibit 43- AFFF-MDL- EID-FT-00154836, #45 Exhibit 44- AFFF-MDL- CHE-FT-00046486, #46 Exhibit 45- AFFF-MDL- EID-FT-00141567, #47 Exhibit 46- AFFF-MDL- EID-FT-00158631, #48 Exhibit 47-AFFF-MDL- CHE-FT-00046954, #49 Exhibit 48- AFFF-MDL- 00046488, #50 Exhibit 49- AFFF-MDL- 00046834, #51 Exhibit 50-AFFF-MDL- EID-FT-00030657, #52 Exhibit 51-AFFF-MDL- EID-FT-00096130, #53 Exhibit 52 -AFFF-MDL- EID-FT-00030647, #54 Exhibit 53- AFFF-MDL- EID-FT-00030703, #55 Exhibit 54-AFFF-MDL- EID-FT - 0096103, #56 Exhibit 55- AFFF-MDL- EID-FT- 000096139, #57 Exhibit 56- AFFF-MDL- EID-FT -00096090, #58 Exhibit 57- AFFF-MDL- EID-FT- 0096069, #59 Exhibit 58- AFFF-MDL- EID-FT - 00096114, #60 Exhibit 59- AFFF-MDL- EID-FT-00008376, #61 Exhibit 60- AFFF-MDL- CHE-FT-00238918-937, #62 Exhibit 61- Jeffries Industrial Conference, #63 Exhibit 62- AFFF-MDL-CHE-FT 00199373, #64 Exhibit 63-AFFF-MDL- CHE-FT-00208539, #65 Exhibit 64-AFFF-MDL- CHE-FT-00199093, #66 Exhibit 65-AFFF-MDL- CHE-FT-00199082, #67 Exhibit 66- AFFF-MDL-CHE-FT- 00208632, #68 Exhibit 67- AFFF-MDL-CHE-FT-00214603, #69 Exhibit 68- AFFF-MDL-CHE-FT-206563, #70 Exhibit 69-AFFF-MDL-CHE-FT-00205693, #71 Exhibit 70- AFFF-MDL-CHE-FT--00215972, #72 Exhibit 71- AFFF-MDL-CHE-FT-00214844, #73 Exhibit 72-AFFF-MDL-CHE-FT-00204547, #74 Exhibit 73-AFFF-MDL-CHE-FT-00165159, #75 Exhibit 74-AFFF-MDL-CHE-FT-CHE-FT-201844, #76 Exhibit 75-AFFF-MDL-CHE-FT-205188, #77 Exhibit 76-AFFF-MDL-CHE-FT-00217495, #78 Exhibit 77-AFFF-MDL-CHE-FT-00210588, #79 Exhibit 78-AFFF-MDL-CHE-FT-00214595, #80 Exhibit 79-AFFF-MDL-CHE-FT-00215790, #81 Exhibit 80-AFFF-MDL-CHE-FT-00240942, #82 Exhibit 81-AFFF-MDL- EID-FT0097774, #83 Exhibit 82-AFFF-MDL- EID-FT-00145413, #84 Exhibit 83-AFFF-MDL- EID-FT -AFFF-MDL-EID-FT-144704, #85 Exhibit 84- Newman Bio, #86 Exhibit 85- Ralhan Bio, #87 Exhibit 86- Snell Bio, #88 Exhibit 87- Morrissey Bio, #89 Exhibit 88- Bellezza Bio, #90 Exhibit 89- Entry of Appearance)No proposed order.(Thompson, Fred)
April 25, 2022 Filing 2317 NOTICE of Appearance by Ann Elizabeth Sternhell Blackwell on behalf of Chubb Fire, Ltd. (Sternhell Blackwell, Ann)
April 25, 2022 Filing 2316 NOTICE of Appearance by Stefani L Wittenauer on behalf of Chubb Fire, Ltd. (Wittenauer, Stefani)
April 21, 2022 Filing 2315 Letter from "Notice of Pending Motion to Remand" by Plaintiff, Marathon Petroleum Company LP. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01194-RMG(Thurman, Carter)
April 21, 2022 Filing 2314 NOTICE of Appearance by Scott Summy on behalf of City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01078-RMG(Summy, Scott)
April 21, 2022 Filing 2313 NOTICE of Appearance by M Cristina Sanchez on behalf of City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01078-RMG(Sanchez, M)
April 21, 2022 Filing 2312 NOTICE of Appearance by Celeste A Evangelisti on behalf of City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01078-RMG(Evangelisti, Celeste)
April 21, 2022 Filing 2311 NOTICE of Appearance by Carla Burke Pickrel on behalf of City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01078-RMG(Burke Pickrel, Carla)
April 21, 2022 Filing 2310 NOTICE of Appearance by Cary L McDougal on behalf of City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01078-RMG(McDougal, Cary)
April 20, 2022 Filing 2309 MDL CONDITIONAL TRANSFER ORDER #86, Received from the Multi-District Litigation Panel. (sshe, )
April 19, 2022 Filing 2308 NOTICE of Voluntary Dismissal by Sacramento County Water Agency, City of Whittier of Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG, 2:22-cv-01078-RMG(Taylor, Brandon)
April 19, 2022 Filing 2307 NOTICE of Appearance by Brandon J Taylor on behalf of Sacramento County Water Agency, City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG, 2:22-cv-01078-RMG(Taylor, Brandon)
April 19, 2022 Filing 2306 NOTICE of Appearance by Philip F Cossich on behalf of Sacramento County Water Agency, City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG, 2:22-cv-01078-RMG(Cossich, Philip)
April 19, 2022 Filing 2305 NOTICE of Appearance by Christina Cossich on behalf of Sacramento County Water Agency, City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG, 2:22-cv-01078-RMG(Cossich, Christina)
April 19, 2022 Filing 2304 NOTICE of Appearance by Luana N Smith on behalf of Sacramento County Water Agency, City of Whittier Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG, 2:22-cv-01078-RMG(Smith, Luana)
April 19, 2022 Filing 2299 STATUS REPORT General Denial and Preliminary Affirmative Defenses by Casco Industries Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Flynn, Stephanie)
April 19, 2022 Filing 2298 NOTICE of Appearance by Stephanie G Flynn on behalf of Casco Industries Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Flynn, Stephanie)
April 18, 2022 Filing 2303 NOTICE of Appearance by Pete Chattrabhuti on behalf of Marathon Petroleum Company LP (Chattrabhuti, Pete) Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01194-RMG(sshe, )
April 18, 2022 Filing 2302 NOTICE of Appearance by Donald W Fowler on behalf of Marathon Petroleum Company LP (Fowler, Donald) Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01194-RMG(sshe, )
April 18, 2022 Filing 2301 NOTICE of Appearance by Joe Gregory Hollingsworth on behalf of Marathon Petroleum Company LP (Hollingsworth, Joe) Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01194-RMG(sshe, )
April 18, 2022 Filing 2300 NOTICE of Appearance by Carter Fleeth Thurman on behalf of Marathon Petroleum Company LP(Thurman, Carter) Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01194-RMG(sshe, )
April 18, 2022 Filing 2297 NOTICE of Cancellation of Hearing: AMENDED NOTICE OF HEARING re 1704 , 2220 . Having reviewed the parties' April 15, 2022 Joint Status Report, the Court in its discretion hereby cancels the telephonic status conference currently noticed for April 22, 2022. As previously noticed, the next telephonic monthly status conference will be conducted on June 10, 2022 at 10 AM. The Court remains available to the parties should any dispute or issue require prompt judicial attention in the interim. (sshe, )
April 15, 2022 Filing 2295 NOTICE of Voluntary Dismissal by City of Pico Rivera, City of Galesburg, City of Bell Gardens of Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01649-RMG, 2:22-cv-00065-RMG, 2:22-cv-00066-RMG(Taylor, Brandon)
April 15, 2022 Filing 2294 NOTICE of Voluntary Dismissal by England Economic and Industrial Development District of Angus International Safety Group, Ltd. and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(Taylor, Brandon)
April 15, 2022 Filing 2293 NOTICE of Voluntary Dismissal by South Adams County Water and Sanitation District of Angus International Safety Group, Ltd. and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03559-RMG(Taylor, Brandon)
April 15, 2022 Filing 2292 NOTICE of Voluntary Dismissal by Sioux Falls Regional Airport Authority of Angus International Safety Group, Ltd. and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01850-RMG(Taylor, Brandon)
April 14, 2022 Filing 2291 NOTICE of Appearance by Richard Hood Willis on behalf of Nation Ford Chemical Company (Willis, Richard)
April 14, 2022 Filing 2290 NOTICE of Appearance by Kristin Marie Lausten on behalf of David G. Tibbetts Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Lausten, Kristin)
April 14, 2022 Filing 2289 NOTICE of Appearance by Lindsey Cheek on behalf of David G. Tibbetts Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Cheek, Lindsey)
April 13, 2022 Opinion or Order Filing 2288 ORDER This Order Relates to All Actions. Moving Defendants' motion for leave to move for reconsideration of CMO 16.D (Dkt. No. #2284 ) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/13/2022.(sshe, )
April 12, 2022 Filing 2287 MDL CONDITIONAL TRANSFER ORDER #85, Received from the Multi-District Litigation Panel. (sshe, )
April 12, 2022 Filing 2285 DELETION OF DOCKET ENTRY NUMBER 2281 Reason: Improperly filed. Direct-filed case incorrectly filed; clerk removed entry/document from 2:18-mn-02873-RMG and entered correctly in MDL shell 2:22-av-55555-CIV, as of original filing date (to be assigned civil member case number) Filing date of original filing: 4/8/2022 (sshe, )
April 11, 2022 Filing 2284 MOTION for Leave to File Motion for Reconsideration of CMO No. 16.D by Perimeter Solutions LP. Response to Motion due by 4/25/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Motion for Reconsideration of CMO No. 16.D)No proposed order.(Thurlow, Matthew)
April 11, 2022 Filing 2283 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 4/6/2022, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 5/2/2022. Redacted Transcript Deadline set for 5/12/2022. Release of Transcript Restriction set for 7/11/2022. (kmartin, )
April 8, 2022 Filing 2286 NOTICE of Appearance by John J Driscoll on behalf of North Park Public Water District(Driscoll, John) Counsel please note: Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-01123-RMG(sshe, )
April 8, 2022 Filing 2282 NOTICE of Appearance by Jason Severin Smith on behalf of Phillips 66 Pipeline LLC Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00604-RMG(Smith, Jason)
April 7, 2022 Filing 2280 CASE MANAGEMENT ORDER NO. 16.D. This Order Relates to All Actions. Please see Order for all Details regarding PROTOCOL FOR SUPPLEMENTAL BRIEFING OF DISPOSITIVE MOTIONS ON THE GOVERNMENT CONTRACTOR DEFENSE. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/7/2022. (sshe, )
April 6, 2022 Filing 2279 MDL CONDITIONAL TRANSFER ORDER #84, Received from the Multi-District Litigation Panel. (sshe, )
April 6, 2022 Filing 2278 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference re 2264 and 2265 held on 4/6/2022. All parties are represented on the call. Court to issue a CMO. Court Reporter Karen Martin. (cper, )
April 6, 2022 Filing 2274 DELETION OF DOCKET ENTRY NUMBER 2274 (original) Reason: Attorney filing user filed a new direct-filed case in the lead management docket in error; clerk removed documents/entry and refiled correctly for reference in MDL shell case Filing date of original filing: 4/6/2022 (sshe, )
April 5, 2022 Filing 2276 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Shell Oil Company.(Brice, Susan)(Counsel please note: Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(sshe, )
April 5, 2022 Filing 2275 NOTICE of Appearance by Susan Brice on behalf of Shell Oil Company (Brice, Susan)(Counsel please note: Refiled correctly in lead and correctly spread to applicable member case per Judge's filing instructions per CMO No 1) Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(sshe, )
April 5, 2022 Filing 2273 MDL TRANSFER ORDER re Eastern District of Michigan Marathon Petroleum Company LP v. 3M Company et al, MIE C.A. No. 2:22-cv-10117 Received from the Multi-District Litigation Panel. (sshe, )
April 5, 2022 Opinion or Order Filing 2272 ORDER This Order Relates to All Cases. The PEC's motion to compel (Dkt. No. #2174 ) is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 4/5/2022.(sshe, )
April 4, 2022 Filing 2271 STATUS REPORT Preliminary Statement of Affirmative Defenses by Pharmacia LLC. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Dwerlkotte, David)
April 4, 2022 Filing 2270 NOTICE of Appearance by David B Dwerlkotte on behalf of Pharmacia LLC Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Dwerlkotte, David)
April 4, 2022 Filing 2269 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Dow Chemical Company. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Carpenter, Andrew)
April 4, 2022 Filing 2268 MDL CONDITIONAL TRANSFER ORDER #83, Received from the Multi-District Litigation Panel. (sshe, )
April 4, 2022 Filing 2267 Letter from claimant/class member re Campbell v. Tyco Fire Products LP et al, No. 2:19-cv-00422-RMG received by Clerk's office 4/1/2022. (Filed per chambers) Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00422-RMG(sshe, )
April 1, 2022 Filing 2266 NOTICE of Hearing re 2264 and 2265. The Court will conduct a telephonic conference on Wednesday, April 6 at 3 PM EST. Dial instructions will be circulated to counsel by the Court. (cper, )
March 31, 2022 Filing 2265 Letter from Defense Co-Lead Counsel re Briefing Second and Third Elements of Defendants' Government Contractor Defense. (Attachments: #1 Exhibit A - Proposed CMO)(Kitts, Amanda)
March 31, 2022 Filing 2264 Letter from Plaintiffs' Liaison and Co-Lead Counsel. (Attachments: #1 Proposed Order)(Thompson, Fred)
March 31, 2022 Filing 2263 Letter from Campbell Class Counsel. (Attachments: #1 Exhibit Status Report From The Settlement Administrator)Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-00422-RMG(Napoli, Paul)
March 31, 2022 Filing 2262 DELETION OF DOCKET ENTRY NUMBER 2249 Reason: Corrected Transcript refiled by court reporter as Filing Document Number #2261 (sshe, )
March 31, 2022 Filing 2261 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 3/25/2022, before Judge Richard M. Gergel. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. (lsmi, )
March 30, 2022 Filing 2260 DELETION OF DOCKET ENTRY NUMBER 2248 Reason: Attorney filing user refiled to correctly spread to applicable member case Corrected Filing Document Number #2258 (in case 2:18-mn-2873-RMG; 45 in case 2:22-cv-604-RMG) Modified filing date to that of original filing: 3/25/2022 (sshe, )
March 30, 2022 Filing 2259 CASE MANAGEMENT ORDER NO. 24. This Order Relates to All Actions. Please see Order for all Details regarding Appointment of Counsel to Plaintiffs' and Defendants' Leadership, Liaison and Committee Positions For the March 2021 through March 2022 Term. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/30/2022. (sshe, )
March 29, 2022 Filing 2257 NOTICE of Appearance by Scott Summy on behalf of Sacramento County Water Agency Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG(Summy, Scott)
March 29, 2022 Filing 2256 NOTICE of Appearance by Carla Burke Pickrel on behalf of Sacramento County Water Agency Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG(Burke Pickrel, Carla)
March 29, 2022 Filing 2255 NOTICE of Appearance by M Cristina Sanchez on behalf of Sacramento County Water Agency Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00919-RMG(Sanchez, M)
March 28, 2022 Filing 2254 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephone Conference held on March 24, 2022, at 5:02 p.m., before Judge Richard M. Gergel. Court Reporter: Carly Horenkamp. E-mail: carleen_horenkamp@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 4/18/2022. Redacted Transcript Deadline set for 4/28/2022. Release of Transcript Restriction set for 6/27/2022. (chorenkamp, )
March 28, 2022 Filing 2253 NOTICE of Appearance by Scott Summy on behalf of Randi Burke, Thomas Burke, Asha Chacko, Joshua Chacko, Melisa Cunningham, Melanie Dortch, Ryan Dortch, Frederick Hays, Jr, Suzanne Hays, Lawrence Hettinger, Edie Huber, Brian King, Julia King, Christopher Kruegler, Kimberley Murphy, Sean Murphy, Gillian Price, Federico Raffa Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00179-RMG(Summy, Scott)
March 28, 2022 Filing 2252 NOTICE of Appearance by Cary L McDougal on behalf of Randi Burke, Thomas Burke, Asha Chacko, Joshua Chacko, Melisa Cunningham, Melanie Dortch, Ryan Dortch, Frederick Hays, Jr, Suzanne Hays, Lawrence Hettinger, Edie Huber, Brian King, Julia King, Christopher Kruegler, Kimberley Murphy, Sean Murphy, Gillian Price, Federico Raffa Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00179-RMG(McDougal, Cary)
March 28, 2022 Filing 2251 NOTICE of Appearance by M Cristina Sanchez on behalf of Randi Burke, Thomas Burke, Asha Chacko, Joshua Chacko, Melisa Cunningham, Melanie Dortch, Ryan Dortch, Frederick Hays, Jr, Suzanne Hays, Lawrence Hettinger, Edie Huber, Brian King, Julia King, Christopher Kruegler, Kimberley Murphy, Sean Murphy, Gillian Price, Federico Raffa Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00179-RMG(Sanchez, M)
March 28, 2022 Filing 2250 NOTICE of Appearance by Carla Burke Pickrel on behalf of Randi Burke, Thomas Burke, Asha Chacko, Joshua Chacko, Melisa Cunningham, Melanie Dortch, Ryan Dortch, Frederick Hays, Jr, Suzanne Hays, Lawrence Hettinger, Edie Huber, Brian King, Julia King, Christopher Kruegler, Kimberley Murphy, Sean Murphy, Gillian Price, Federico Raffa Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00179-RMG(Burke Pickrel, Carla)
March 25, 2022 Filing 2258 NOTICE of Appearance by Peter A Strotz on behalf of Phillips 66 Pipeline LLC Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00604-RMG(Strotz, Peter) Modified on 3/30/2022 to original date filed (sshe, ).
March 25, 2022 Filing 2247 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 3/25/2022. All parties are represented on the call. Proposed dates re: scheduling due on Tuesday, March 29th. Court Reporter Lisa Smith. (cper, )
March 24, 2022 Filing 2246 Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 3/24/2022. All parties are represented on the call. Court Reporter Carleen Horenkamp. (cper, )
March 24, 2022 Filing 2245 NOTICE of Cancellation of Hearing: the Monthly Status Conference and Oral Argument Hearing set for March 25, 2022 starting at 10:00 AM has been continued and will be re-noticed in the near term. (sshe, )
March 24, 2022 Opinion or Order Filing 2244 ORDER This Order Relates to Case No. 2:21-cv-3424-RMG. Daphne Jason's motion to amend the complaint (Dkt. No. #2240 in case 2:18-mn-02873-RMG; (5) in case 2:21-cv-03424-RMG) is GRANTED. Jason is directed to file promptly the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/24/2022.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03424-RMG(sshe, )
March 22, 2022 Filing 2243 CLERK'S NOTICE Per Chambers, Dkt. No. 2242 (10 in case 2:22-cv-00601-RMG) Tim Treckman's Motion to Appoint Interim Co-Lead Class Counsel is stricken from the docket for failure to first obtain filing approval from Lead Counsel pursuant to the governing Case Management Orders. AND IT IS SO ORDERED. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00601-RMG(sshe, )
March 22, 2022 Filing 2241 CASE MANAGEMENT ORDER NO. 19.B. This Order Relates to All Actions. Please see Order for all Details and Deadlines regarding Second Amended Scheduling Order Governing First Water Provider Bellwether Trial. Specifically, this CMO 19.B allows additional time for expert disclosures. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/22/2022. (sshe, )
March 21, 2022 Filing 2240 MOTION to Amend/Correct Complaint by Daphne Jason. Response to Motion due by 4/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Declaration of Shannon Pennock, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03424-RMG(Pennock, Shannon)
March 21, 2022 Filing 2239 MDL CONDITIONAL TRANSFER ORDER #82, Received from the Multi-District Litigation Panel. (sshe, )
March 21, 2022 Filing 2238 DELETION OF DOCKET ENTRY NUMBER 2238 (46 in 2:20-cv-01478-RMG) (originally filed 3/18/2022) Reason: Duplicate (notice of appearance) event entry Corrected Filing Document Number 2236 (45 in 2:20-cv-01478-RMG) Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(sshe, ) Modified to edit docket text on 3/23/2022 (sshe, ).
March 17, 2022 Filing 2236 NOTICE of Appearance by Ashley B Campbell on behalf of City of Pensacola Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Campbell, Ashley)
March 16, 2022 Filing 2235 NOTICE of Voluntary Dismissal by Richard Allen, Bob Bacon, Kevin Bebee, Victoria Bebee, John Castro, Luis Chacon, Felix Diaz, Frank Diaz, Paul Eden, Teresa Mauldin, Larry Noon, Kathy Piper, Rob Piper, Steve Pizzo, Moses Salas, Mike Sanchez, Ed Solano, Todd Spellman, Janice Staples, Dan Stapp, Marc Stelling, Mike Tallerico, Bridget Tapia, Mike Tapia, Eunico Trinidad, George Vega, Gary Weekley, Tom Afflixio, Ken Allen, Lacy Atkinson, Jose Avila, Jim Carter, Janet Pearl Chapp, Dale Foster, Chuck Gluck, Susan Gluck, David Jimenez, Don Jonasson, Fran Jonasson, Bob King, Keith Kjeldsen, Edward Lake, Jim McClure, Dave Moore, Bob Naughten, Steve O'Connor, Pesha Perlsweig, Tom Scully, John Skeen, Jr of Defendant Daikin America, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00366-RMG, 2:21-cv-01572-RMG, 2:21-cv-01573-RMG(Pritzker, Elizabeth)
March 15, 2022 Filing 2234 Letter from Defendants. (Duffy, Brian)
March 14, 2022 Filing 2233 NOTICE of Voluntary Dismissal by Richard Paul Masse Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03479-RMG(Anderson, Gary)
March 11, 2022 Filing 2232 REPLY to Response to Motion re #2174 MOTION to Compel Defendant 3M Company's Production of Custodial File of Lewis Lehr Response filed by Plaintiffs. (Attachments: #1 Exhibit 1- Chemical History of 3M Preface, #2 Exhibit 2- Excerpts from Deposition of Dr. Martin, #3 Exhibit 3- DL 1571 Exhibit to Gerber 30(b)(6) Deposition, #4 Exhibit 4- Emails between counsel 2/14-2/15)(Thompson, Fred)
March 11, 2022 Filing 2231 NOTICE of Voluntary Dismissal by William A Bickford Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00730-RMG(Anderson, Gary)
March 11, 2022 Filing 2229 TEXT ORDER granting #2228 Motion for Carolyn Wagner to Withdraw as Attorney by AGC Chemicals Americas Inc. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/11/2022.(sshe, )
March 10, 2022 Filing 2228 MOTION to Withdraw as Attorney Carolyn Wagner by AGC Chemicals Americas Inc.. Response to Motion due by 3/24/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Condron, Peter)
March 10, 2022 Filing 2227 NOTICE of Appearance by Madeline Pendley on behalf of City of Pensacola Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Pendley, Madeline)
March 10, 2022 Filing 2225 TEXT ORDER re #1290 (in case 2:18-mn-02873-RMG as it relates to (105) in case 2:18-cv-03339-RMG; (77) in case 2:18-cv-03488-RMG; (79) in case 2:18-cv-03496-RMG; (36) in case 2:19-cv-02784-RMG; (22) in case 2:19-cv-03434-RMG). Following Defendants' filing of this motion to dismiss for lack of personal jurisdiction, these member cases were not selected by counsel and approved by the Court for Water Provider Bellwether Tier Two Discovery (Dkt. No. 1931). As a result, Defendants' motion to dismiss as it relates to these member cases is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/10/2022.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
March 10, 2022 Opinion or Order Filing 2224 ORDER This Order Relates To Case No.: 2:19-cv-3120-RMG. The Court DENIES Defendants DuPont de Nemours, Inc.'s and Corteva, Inc.'s motion to dismiss. (Dkt. No. #1290 in case 2:18-mn-02873-RMG; (19) in case 2:19-cv-03120-RMG). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/10/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(sshe, )
March 10, 2022 Opinion or Order Filing 2223 ORDER This Order Relates To Case No.: 2:19-cv-1806-RMG. The Court DENIES Defendants DuPont de Nemours, Inc.'s and Corteva, Inc.'s motion to dismiss. (Dkt. No. #1290 in case 2:18-mn-02873-RMG; (50) in case 2:19-cv-01806-RMG). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/10/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01806-RMG(sshe, )
March 10, 2022 Opinion or Order Filing 2222 ORDER This Order Relates To Case No.: 2:18-cv-3487-RMG. The Court DENIES Defendants DuPont de Nemours, Inc.'s and Corteva, Inc.'s motion to dismiss. (Dkt. No. #1290 in case 2:18-mn-02873-RMG; (63) in case 2:18-cv-03487-RMG). AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/10/2022.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(sshe, )
March 8, 2022 Filing 2221 NOTICE of Cancellation of Hearing: Monthly Status Conference (Telephonic) 5/13/2022 10:00 AM has been cancelled. The Court will not hold a conference in May. Reference Dkt. No. 1704 (amended). (sshe, )
March 8, 2022 Filing 2220 NOTICE OF RESCHEDULED HEARING Monthly Status Conference (Telephonic) 4/15/2022 10:00 AM cancelled and rescheduled to: Monthly Status Conference (Telephonic) set for 4/22/2022 10:00 AM before Honorable Richard M Gergel. Counsel Please Note: Date change and reminder that call-in instructions will be circulated the week of prior to the telephonic status conference. Reference Dkt. No. 1704 (amended). (sshe, )
March 8, 2022 Filing 2219 NOTICE of Hearing: Monthly Status Conference previously set for 3/18/2022 is moved to 3/25/2022 10:00 AM in Charleston Courtroom #6, U. S. Court House, 85 Broad St, Charleston, SC before Honorable Richard M Gergel. This hearing will include oral argument on Defendants' motion for partial summary judgment as to the first element of the government contractor defense. Speaking counsel will be present in the courtroom and can seek additional directions from Liaison Counsel. All other counsel will be provided a conference number by Liaison Counsel. (cper, )
March 7, 2022 Filing 2218 NOTICE of Appearance by Philip F Cossich on behalf of Borough Of West Chester, Pennsylvania Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00674-RMG(Cossich, Philip)
March 7, 2022 Filing 2217 NOTICE of Appearance by Christina Cossich on behalf of Borough Of West Chester, Pennsylvania Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00674-RMG(Cossich, Christina)
March 7, 2022 Filing 2216 NOTICE of Appearance by Luana N Smith on behalf of Borough Of West Chester, Pennsylvania Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00674-RMG(Smith, Luana)
March 7, 2022 Filing 2215 NOTICE of Appearance by Brandon J Taylor on behalf of Borough Of West Chester, Pennsylvania Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00674-RMG(Taylor, Brandon)
March 4, 2022 Filing 2214 RESPONSE in Opposition re #2174 MOTION to Compel Defendant 3M Company's Production of Custodial File of Lewis Lehr Response filed by 3M Company.Reply to Response to Motion due by 3/11/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37)(Olsen, Michael) (Additional attachment(s) added on 3/8/2022: #38 Exhibit List (with descriptions)) (sshe, ). Modified on 3/8/2022 to add document for descriptions to exhibits(sshe, ).
March 4, 2022 Filing 2213 MDL CONDITIONAL TRANSFER ORDER #81, Received from the Multi-District Litigation Panel. (sshe, )
March 4, 2022 Filing 2212 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 2/24/2022, before Judge Richard M. Gergel. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. (lsmi, )
March 3, 2022 Filing 2211 REPLY by Corteva Inc, Dupont De Nemours Inc to 2210 Order, 2206 Order, #1290 MOTION to Dismiss for Lack of Personal Jurisdiction. (Attachments: #1 Exhibit Separation Agreement (Exhibit H to Corteva, Inc. and DuPont de Nemours, Inc.'s Motion to Dismiss for Lack of Personal Jurisdiction))(Hacker, Katherine) Filing corrected for event type (same filing date and document number as original, clerks note: originally entered by filing user on 3/3/2022 at 5:00 PM EST)(refiled in lead case only as necessary for chambers)(sshe, ) Modified on 3/4/2022 (sshe, ).
March 3, 2022 Filing 2210 TEXT ORDER re #1290 (in case 2:18-mn-02873-RMG et al). The parties include in the record the Corteva/Dow Inc/DowDuPont 2019 Separation and Distribution Agreement, and a 2019 Letter listing amendments to Schedule 1.1(309) of the Agreement. Omitted from the record is the actual Schedule 1.1(309), which is referenced as an exhibit in the deposition of Brian Titus, which is in the record. The parties are DIRECTED to file on the record, by 6 PM EST on March 3, 2022, Schedule 1.1(309). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/3/2022. (sshe, )
March 3, 2022 Filing 2208 TEXT ORDER granting the motion to withdraw William James Quinn as attorney of record for the United States (Dkt. No. #2204 in case 2:18-mn-02873-RMG; (274) in case 2:18-cv-03358-RMG; (120) in case 2:18-cv-03435-RMG; (110) in case 2:19-cv-01022-RMG; (43) in case 2:19-cv-01119-RMG; (38) in case 2:19-cv-01120-RMG; (37) in case 2:19-cv-01181-RMG; (42) in case 2:19-cv-01217-RMG; (75) in case 2:19-cv-01223-RMG; (115) in case 2:19-cv-01724-RMG; (64) in case 2:19-cv-02187-RMG; (58) in case 2:19-cv-02607-RMG; (24) in case 2:19-cv-03288-RMG; (25) in case 2:19-cv-03290-RMG; (20) in case 2:20-cv-02030-RMG; (94) in case 2:20-cv-02115-RMG). AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/3/2022.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
March 3, 2022 Filing 2207 Letter from Plaintiffs' Science Committee via Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit California EPA Notice to Interested Parties re PFOA, #2 Exhibit EPA External Peer Review Draft Article)(Thompson, Fred)
March 3, 2022 Filing 2206 TEXT ORDER re #1290 (in case 2:18-mn-02873-RMG et al). In the three cases selected for Water Provider Bellwether Tier Two Discovery, New DuPont and Corteva together move to dismiss the claims for lack of personal jurisdiction where Plaintiffs argue successor liability flowing from Old DuPont's PFAS contacts with the forums to New DuPont and Corteva. The parties' briefing references a July 2015 transaction between Old DuPont and Chemours. The 2015 transaction agreement and governing documents are not in the record, despite being plainly at issue. By 6 PM EST on March 3, 2022, the parties are DIRECTED to file the July 2015 Old DuPont/Chemours transaction agreement and any relevant governing documents. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 3/3/2022. (sshe, )
March 2, 2022 Filing 2205 REPLY by City of Stuart, Florida, Town of Ayer, Hampton Bays Water District, City of Dayton, Plaintiffs, Bakman Water Company, Town of Maysville, EMERALD COAST UTILITIES AUTHORITY, City of Sioux Falls to (172 in 2:18-cv-03488-RMG, 144 in 2:18-cv-03487-RMG, 119 in 2:19-cv-03120-RMG, 157 in 2:18-cv-03496-RMG, 119 in 2:19-cv-02784-RMG, 100 in 2:19-cv-03434-RMG, 2184 in 2:18-mn-02873-RMG, 151 in 2:19-cv-01806-RMG, 177 in 2:18-cv-03339-RMG) Supplement, . Associated Cases: 2:18-mn-02873-RMG et al.(Thompson, Fred)
March 2, 2022 Filing 2204 MOTION to Withdraw as Attorney William J. Quinn by United States of America. Response to Motion due by 3/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Quinn, William)
March 2, 2022 Filing 2203 CASE MANAGEMENT ORDER NO. 12.A. This Order Relates to All Actions. Please see Order for all Details regarding Tolling of Claims Against Certain Defendants. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/2/2022. (sshe, )
March 2, 2022 Opinion or Order Filing 2202 ORDER This Order Relates To: Case No. 2:19-cv-1806-RMG. Archroma U.S. Inc.'s motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1301 in case 2:18-mn-02873-RMG; (49) in case 2:19-cv-01806-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/2/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01806-RMG(sshe, )
March 1, 2022 Filing 2201 NOTICE of Appearance by Levi Downing on behalf of New Jersey Department Of Environmental Protection, Gurbir S. Grewal, Attorney General Of The State Of New Jersey, Paul R. Rodriguez(Downing, Levi) Refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02199-RMG(sshe, )
February 28, 2022 Filing 2200 NOTICE of Appearance by Tate J Kunkle on behalf of Centerville Osterville Marstons Mills Fire District-Water Department, Town of Hudson Massachusetts, City of Collinsville Illinois, Meadows At Cross River Water-Works Corporation Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03887-RMG, 2:21-cv-03888-RMG, 2:21-cv-03890-RMG, 2:21-cv-03891-RMG(Kunkle, Tate)
February 28, 2022 Filing 2199 TEXT ORDER re #1299 (in case 2:18-mn-02873-RMG; (76) in case 2:18-cv-03488-RMG). Following Defendant's filing of this motion to dismiss for lack of personal jurisdiction, this member case was not selected by counsel and approved by the Court for Water Provider Bellwether Tier Two Discovery (Dkt. No. 1931). As a result, Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/28/2022. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03488-RMG(sshe, )
February 28, 2022 Filing 2198 TEXT ORDER re #1287 (in case 2:18-mn-02873-RMG; (75) in case 2:18-cv-03488-RMG). Following Defendant's filing of this motion to dismiss for lack of personal jurisdiction, this member case was not selected by counsel and approved by the Court for Water Provider Bellwether Tier Two Discovery (Dkt. No. 1931). As a result, Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/28/2022. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03488-RMG(sshe, )
February 28, 2022 Filing 2197 TEXT ORDER re #1286 (in case 2:18-mn-02873-RMG; (78) in case 2:18-cv-03496-RMG). Following Defendant's filing of this motion to dismiss for lack of personal jurisdiction, this member case was not selected by counsel and approved by the Court for Water Provider Bellwether Tier Two Discovery (Dkt. No. 1931). As a result, Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/28/2022. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03496-RMG(sshe, )
February 28, 2022 Filing 2196 TEXT ORDER re #1285 (in case 2:18-mn-02873-RMG; (35) in case 2:19-cv-02784-RMG). Following Defendant's filing of this motion to dismiss for lack of personal jurisdiction, this member case was not selected by counsel and approved by the Court for Water Provider Bellwether Tier Two Discovery (Dkt. No. 1931). As a result, Defendant's motion to dismiss is DENIED WITHOUT PREJUDICE. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/28/2022. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02784-RMG(sshe, )
February 28, 2022 Filing 2195 TEXT ORDER re #2174 . The Court is advised that the PEC consents to Defendants' request for an extension to respond in opposition to the motion to compel. Defendants may file any response to the motion on or before March 4, 2022. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/28/2022. (sshe, )
February 25, 2022 Filing 2194 MDL CONDITIONAL TRANSFER ORDER #80, Received from the Multi-District Litigation Panel. (sshe, )
February 25, 2022 Opinion or Order Filing 2193 ORDER This Order Relates To: Case No. 2:19-cv-1806-RMG. Clariant Corporation's motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1300 in case 2:18-mn-02873-RMG; (46) in case 2:19-cv-01806-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/25/2022. Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01806-RMG(sshe, )
February 24, 2022 Filing 2192 DELETION OF DOCKET ENTRY NUMBER 2179 Reason: Stipulation withdrawn per chambers; replaced with Case Management Order Corrected Filing Document Number #2191 Filing date: 2/24/2022 (sshe, )
February 24, 2022 Filing 2191 CASE MANAGEMENT ORDER NO. 23. This Order Relates to All Actions. Please See Order for All Details REGARDING FRAUDULENT TRANSFER CLAIMS DEADLINES. (Reference CMO 19.A ECF #2011 ) and Amended Deadlines. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/24/2022. (sshe, )
February 24, 2022 Filing 2190 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Telephone Status Conference held on 2/24/2022. Court Reporter Lisa Smith. (cper, )
February 23, 2022 Filing 2189 TEXT ORDER This Order Relates to 2:20-cv-00797-RMG granting #2188 (in case 2:18-mn-02873-RMG; (90) in case 2:20-cv-00797-RMG) motion of John Q. Lewis to withdraw. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/23/2022.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(sshe, )
February 23, 2022 Filing 2188 MOTION to Withdraw as Attorney of John Q. Lewis by Oshkosh Corporation, Pierce Manufacturing Inc. Response to Motion due by 3/9/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(Lewis, John)
February 23, 2022 Filing 2187 TEXT ORDER Defendants' motion to seal #2183 (in case 2:18-mn-02873-RMG; (118) in case 2:19-cv-03120-RMG) is denied as moot with leave to refile in light of the text order at 2186 . AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/23/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(sshe, )
February 22, 2022 Filing 2186 TEXT ORDER This Order Relates to Case No. 2:19-cv-03120-RMG re #2182 (in case 2:18-mn-02873-RMG; (117) in case 2:19-cv-03120-RMG). Defendants move to compel the continued Rule 30(b)(6) deposition of third-party CDM Smith, Inc. They argue that the initial designee was unable to testify to the noticed topics, warranting a continued deposition. They also note that a replacement designee, former employee Dora Chiang, Ph.D., will be deposed on February 24, 2022 and, should her "testimony provide the necessary discovery, Defendants should be able to forgo the continued Rule 30(b)(6) deposition of CDM Smith." As a result, the need to compel a continued deposition may become moot on February 24th. The Court, therefore, DENIES WITHOUT PREJUDICE WITH LEAVE TO REFILE Defendants' motion promptly thereafter. The Court is aware that fact discovery in the water provider bellwether cases is scheduled to conclude on February 21, 2022. The Court is amenable to extending that deadline in this specific instance to avoid potentially unnecessary briefing or status reports on an issue that may soon resolve. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/22/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(sshe, )
February 22, 2022 Filing 2185 STATUS REPORT General Denial & Preliminary Statement of Affirmative Defenses by Southland Fire and Safety Equipment Inc. Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Corriston, Timothy)
February 22, 2022 Filing 2184 SUPPLEMENT by Corteva Inc, Dupont De Nemours Inc to (1290 in 2:18-mn-02873-RMG) MOTION to Dismiss for Lack of Personal Jurisdiction . (Attachments: #1 Exhibit Exhibit 1 - Tentative Ruling, #2 Exhibit Exhibit 2 - Minute Order)Associated Cases: 2:18-mn-02873-RMG et al.(Hacker, Katherine)
February 21, 2022 Filing 2183 MOTION to Seal by Defendants. Response to Motion due by 3/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Index of Confidential Exhibits, #2 Exhibit Certificate of Compliance, #3 Exhibit Confidential Documents Re CMO 17)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(Duffy, Brian)
February 21, 2022 Filing 2182 MOTION to Compel Continued 30(b)(6) Deposition of Third-Party CDM Smith Inc. by Defendants. Response to Motion due by 3/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Confidential (Redacted), #2 Exhibit Confidential (Redacted), #3 Exhibit Confidential (Redacted), #4 Exhibit Confidential (Redacted))No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(Duffy, Brian)
February 18, 2022 Opinion or Order Filing 2180 ORDER This Order Relates to Case No.: 2:19-cv-1806-RMG. Chemicals Incorporation's motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1291 in case 2:18-mn-02873-RMG; (51) in case 2:19-cv-01806-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/18/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01806-RMG(sshe, )
February 17, 2022 Filing 2179 STIPULATION Regarding Fraudulent Transfer Claims Deadlines by E.I. du Pont de Nemours & Company. (Hacker, Katherine)
February 17, 2022 Opinion or Order Filing 2177 ORDER This Order Relates To Case No.: 2:19-cv-3120-RMG. Chemicals Incorporation's motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1291 in case 2:18-mn-02873-RMG; (20) in case 2:19-cv-03120-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/17/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(sshe, )
February 16, 2022 Filing 2176 NOTICE of Appearance by Timothy Riemann on behalf of Jerry T Nichols Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-04186-RMG(Riemann, Timothy)
February 16, 2022 Filing 2175 NOTICE of Appearance by Timothy Riemann on behalf of Lois Brazzle Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03371-RMG(Riemann, Timothy)
February 15, 2022 Filing 2174 MOTION to Compel Defendant 3M Company's Production of Custodial File of Lewis Lehr by Plaintiffs. Response to Motion due by 3/1/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Affidavit Declaration of Michael London, #2 Exhibit A- Grandjean Article, #3 Exhibit B- Emails dated 10/20/21 and 10/25/21, #4 Exhibit C- 12/7/21 email from Hoyle to Ring, #5 Exhibit D- 5/15/98 Letter from 3M to EPA, #6 Exhibit E- 5/4/2000 Ltr from 3M to EPA, #7 Exhibit F-EPA 5/16/2000 Press Release, #8 Exhibit G- 3M_AFFF_MDL00207575, #9 Exhibit H-Olsen Deposition Exhibit LP193, #10 Exhibit I-08/20/75 3M Interoffice Correspondence., #11 Exhibit J-9/22/75 Memo re Taves phone call, #12 Exhibit K- Organic Fluorocompounds in Human Plasma, #13 Exhibit L-08/26/77 chronology-fluorochemicals in blood, #14 Exhibit M- Darwin Exhibit DL9, #15 Exhibit N-3M_BELL00054594, #16 Exhibit O-4/6/78 3M Interoffice Correspondence, #17 Exhibit P-3M_AFFF_MDL00080683, #18 Exhibit Q-FC-95, FC-143 and DM-3422 90 Day Subacute Toxicity Studies Summary, #19 Exhibit R-5/26/78 3M Interoffice Correspondence, #20 Exhibit S-6/1/78 3M Interoffice Correspondence, #21 Exhibit T-2/13/79 Letter from 3M to Harold Hodge, #22 Exhibit U- 3M Request for Company Airplane 7//21/78, #23 Exhibit V- 4/26/79 3M Dr. Hodge Meeting Minutes, #24 Exhibit W-6/7/79 3M Dr. Hodge Meeting Minutes, #25 Exhibit X-6/7/79 3M J.R. Mitchell Meeting Minutes, #26 Exhibit Y- 4/26/79 3M J.R. Mitchell Meeting Minutes, #27 Exhibit Z- 3/16/78 Federal Register Part V, #28 Exhibit AA-8/19/21 Gerber Deposition, #29 Exhibit BB- 8/3/78 3M Interoffice Correspondence, #30 Exhibit CC- Organic Fluorine in Human Serum: Natural Versus Industrial Sources., #31 Exhibit DD-3M_BELL01939676)No proposed order.(Thompson, Fred)
February 15, 2022 Filing 2173 NOTICE of Appearance by Christine Prugh Payne on behalf of 3M Company (Payne, Christine)
February 14, 2022 Filing 2172 NOTICE of Appearance by Anthony Michael Anderton on behalf of Oshkosh Corporation, Pierce Manufacturing Inc Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(Anderton, Anthony)
February 14, 2022 Filing 2171 MDL CONDITIONAL TRANSFER ORDER #79, Received from the Multi-District Litigation Panel. (sshe, )
February 14, 2022 Filing 2170 CASE MANAGEMENT ORDER NO. 22. This Order Relates to All Actions. Please See Order for All Details regarding PROTOCOL REGARDING EXPERT WITNESS DEPOSITIONS AND TRIAL WITNESSES NOT PREVIOUSLY DEPOSED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/14/2022. (sshe, )
February 14, 2022 Opinion or Order Filing 2169 ORDER This Order Relates to Cases: The PECs motion to compel (Dkt. No. #2117 in case 2:18-mn-02873-RMG; (133) in case 2:18-cv-03487-RMG; (140) in case 2:19-cv-01806-RMG; (104) in case 2:19-cv-03120-RMG) is GRANTED and National Foams motion for a protective order (Dkt. No. #2156 in case 2:18-mn-02873-RMG; (136) in case 2:18-cv-03487-RMG; (143) in case 2:19-cv-01806-RMG; (108) in case 2:19-cv-03120-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 2/14/2022.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(sshe, )
February 11, 2022 Filing 2168 Letter from Plaintiffs' Co-Lead Counsel regarding Discovery Dispute. (Attachments: #1 Certificate of Service)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Thompson, Fred)
February 11, 2022 Filing 2167 Letter from Defense Co-Lead Counsel re Water Provider Bellwether Site Inspections. (Kitts, Amanda)
February 11, 2022 Filing 2166 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 1/28/2022, before Judge Richard M. Gergel. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. (lsmi, )
February 11, 2022 Filing 2164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 10/7/2021, before Judge Richard M. Gergel. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. (lsmi, )
February 11, 2022 Filing 2163 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 9/10/2021, before Judge Richard M. Gergel. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. (lsmi, )
February 10, 2022 Filing 2162 NOTICE of Appearance by Timothy E Corriston on behalf of Southland Fire and Safety Equipment Inc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00373-RMG(Corriston, Timothy)
February 10, 2022 Filing 2161 REPLY to Response to Motion re (108 in 2:19-cv-03120-RMG, 2156 in 2:18-mn-02873-RMG, 143 in 2:19-cv-01806-RMG, 136 in 2:18-cv-03487-RMG) Cross MOTION for Protective Order Response filed by National Foam Inc. Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Smith, Keith)
February 9, 2022 Filing 2160 REPLY to Response to Motion re (133 in 2:18-cv-03487-RMG, 140 in 2:19-cv-01806-RMG, 2117 in 2:18-mn-02873-RMG, 104 in 2:19-cv-03120-RMG) MOTION to Compel National Foam Inc. to Produce Witnesses Response filed by Plaintiffs.(Thompson, Fred) Refiled correctly in management case, and spread to applicable member cases, as listed on document Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(sshe, )
February 9, 2022 Filing 2159 DELETION OF DOCKET ENTRY NUMBER 2159 (original) Reason: Attorney filing user filed a new direct-filed case in error; clerk removed documents/entry and refiled correctly for reference in MDL shell case Filing date of original filing: 2/9/2022 (sshe, )
February 7, 2022 Filing 2158 NOTICE OF RESCHEDULED HEARING Monthly Status Conference (Telephonic) set for 2/25/2022 10:00 AM cancelled and rescheduled to: Monthly Status Conference (Telephonic) set for 2/24/2022 10:00 AM before Honorable Richard M Gergel. All Counsel Please Note: Date change and reminder that call-in instructions will be circulated the week of prior to the telephonic status conference. Reference Dkt. No. 1704, 1877 (amended). (sshe, )
February 4, 2022 Filing 2157 RESPONSE in Opposition re (104 in 2:19-cv-03120-RMG) MOTION to Compel National Foam Inc. to Produce Witnesses and In Support of National Foam Inc.'s Cross-Motion for a Protective Order Response filed by National Foam Inc, National Foam Inc.Reply to Response to Motion due by 2/11/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit)Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Smith, Keith)
February 4, 2022 Filing 2156 Cross MOTION for Protective Order by National Foam Inc, National Foam Inc. Response to Motion due by 2/18/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Smith, Keith)
February 3, 2022 Filing 2155 TEXT ORDER granting #2154 (in case 2:18-mn-02873-RMG; (86) in case 2:20-cv-00797-RMG) Motion to Withdraw Chelsea M. Croy Smith as Attorney for Oshkosh Corporation, Pierce Manufacturing Inc. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 2/3/2022.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(sshe, )
February 2, 2022 Filing 2154 MOTION to Withdraw as Attorney of Chelsea M. Croy Smith by Oshkosh Corporation, Pierce Manufacturing Inc. Response to Motion due by 2/16/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00797-RMG(Smith, Chelsea)
February 2, 2022 Filing 2153 MDL ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER #75, Received from the Multi-District Litigation Panel. (sshe, )
February 1, 2022 Filing 2152 NOTICE of Appearance by Rosemarie Carmella Hebner on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01572-RMG(Hebner, Rosemarie)
February 1, 2022 Filing 2151 NOTICE of Appearance by Rosemarie Carmella Hebner on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01573-RMG(Hebner, Rosemarie)
January 31, 2022 Filing 2150 NOTICE of Appearance by Brett Land on behalf of Town of Ayer Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(Land, Brett)
January 31, 2022 Opinion or Order Filing 2149 ORDER This Order Relates to All Cases. Defendants' motion to seal (Dkt. No. #2142 ) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/31/2022.(sshe, )
January 31, 2022 Filing 2148 TEXT ORDER re #2137 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-02521-RMG). In member case No. 2:21-cv-2521-RMG, Plaintiff moves to reinstate claims pursuant to CMO No. 5. The claims were dismissed without prejudice with leave to refile for failure to provide a completed Plaintiff Fact Sheet (PFS). Plaintiff has now submitted the PFS and therefore moves to reinstate. The motion is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/31/2022. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02521-RMG(sshe, )
January 31, 2022 Filing 2147 TEXT ORDER re #2136 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-02605-RMG). In member case No. 2:21-cv-2605-RMG, Plaintiff moves to reinstate claims pursuant to CMO No. 5. The claims were dismissed without prejudice with leave to refile for failure to provide a completed Plaintiff Fact Sheet (PFS). Plaintiff has now submitted the PFS and therefore moves to reinstate. The motion is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/31/2022. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02605-RMG(sshe, )
January 31, 2022 Filing 2146 TEXT ORDER re #2135 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-02303-RMG). In member case No. 2:21-cv-2303-RMG, Plaintiff moves to reinstate claims pursuant to CMO No. 5. The claims were dismissed without prejudice with leave to refile for failure to provide a completed Plaintiff Fact Sheet (PFS). Plaintiff has now submitted the PFS and therefore moves to reinstate. The motion is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/31/2022. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02303-RMG(sshe, )
January 31, 2022 Filing 2145 TEXT ORDER re #2134 (in 2:18-mn-02873-RMG, 7 in 2:21-cv-02375-RMG). In member case No. 2:21-cv-2375-RMG, Plaintiff moves to reinstate claims pursuant to CMO No. 5. The claims were dismissed without prejudice with leave to refile for failure to provide a completed Plaintiff Fact Sheet (PFS). Plaintiff has now submitted the PFS and therefore moves to reinstate. The motion is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/31/2022. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02375-RMG(sshe, )
January 31, 2022 Filing 2144 MDL CONDITIONAL TRANSFER ORDER #78, Received from the Multi-District Litigation Panel. (sshe, )
January 31, 2022 Filing 2143 NOTICE of Appearance by John J Driscoll on behalf of Lake In The Hills, Illinois, Village of Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00252-RMG(Driscoll, John)
January 28, 2022 Filing 2142 MOTION to Seal Portions of Reply Brief on the First Element of the Government Contractor Immunity Defense by Defendants. Response to Motion due by 2/11/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Descriptive Index of Documents, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Placeholder Sheet, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
January 28, 2022 Filing 2141 REPLY to Response to Motion re #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense Response filed by Defendants. (Attachments: #1 Appendix Exhibit List, #2 Exhibit 139 - Dept. of Defense Information Paper, #3 Exhibit 140 - Excerpts of the Deposition of John Farley, #4 Exhibit 141 - NAVSEA Email Correspondence, #5 Exhibit 142 - Report on PFS Substances in Solberg Mil-Spec)(Dukes, David)
January 28, 2022 Filing 2139 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Telephone Status Conference held on 1/28/2022. February's telephone status conference is set for 02/25/2022 at 10 AM. Court Reporter Lisa Smith. (cper, )
January 27, 2022 Filing 2138 NOTICE of Appearance by Jessica Wilson on behalf of BASF Corporation (Wilson, Jessica)
January 27, 2022 Filing 2137 First MOTION to Reopen Case by Henry McDonald, III. Response to Motion due by 2/10/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proof of PFS Service)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02521-RMG(Zgoda, Richard)
January 27, 2022 Filing 2136 First MOTION to Reopen Case by John McCune. Response to Motion due by 2/10/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proof of PFS Service)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02605-RMG(Zgoda, Richard)
January 27, 2022 Filing 2135 First MOTION to Reopen Case by Kenneth Hutton. Response to Motion due by 2/10/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proof of PFS Service)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02303-RMG(Zgoda, Richard)
January 27, 2022 Filing 2134 First MOTION to Reopen Case by Eric Wilkerson. Response to Motion due by 2/10/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proof of PFS Service)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02375-RMG(Zgoda, Richard)
January 27, 2022 Opinion or Order Filing 2133 ORDER This Order Relates to Case No. 2:18-cv-3487-RMG. Dynax Corporation's motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1289 in case 2:18-mn-02873-RMG; (62) in case 2:18-cv-03487-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/27/2022.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(sshe, )
January 27, 2022 Opinion or Order Filing 2132 ORDER This Order Relates to Case No. 2:19-cv-1806-RMG. Dynax Corporation's motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1288 in case 2:18-mn-02873-RMG; (47) in case 2:19-cv-01806-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/27/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01806-RMG(sshe, )
January 27, 2022 Opinion or Order Filing 2131 ORDER This Order Relates to Case No. 2:19-cv-3120-RMG. Dynax Corporation's motion to dismiss the claims against it in the amended complaint for lack of personal jurisdiction (Dkt. No. #1284 in case 2:18-mn-02873-RMG; (18) in case 2:19-cv-03120-RMG) is DENIED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/27/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(sshe, )
January 27, 2022 Filing 2130 MDL CONDITIONAL TRANSFER ORDER #77, Received from the Multi-District Litigation Panel. (sshe, )
January 26, 2022 Filing 2129 TEXT ORDER granting #2126 (in 2:18-mn-02873-RMG, 8 in 2:21-cv-02413-RMG). In member case No. 2:21-cv-2413-RMG, Plaintiff Alan Eckhoff, Sr. moves to reinstate his claims pursuant to CMO No. 5. The claims were dismissed without prejudice with leave to refile for failure to provide a completed Plaintiff Fact Sheet (PFS). Plaintiff has now submitted the PFS and therefore moves to reinstate. The motion is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/26/2022. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02413-RMG(sshe, )
January 26, 2022 Filing 2128 DELETION OF DOCKET ENTRY NUMBER 2127, 9 Reason: Attorney filing user made duplicate filing in error Corrected Filing Document Number (2126 in 2:18-mn-02873-RMG, 8 in 2:21-cv-02413-RMG) Filing date is that of original filing: 1/24/2022. DO NOT REFILE. NO FURTHER ACTION NECESSARY. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02413-RMG(sshe, )
January 25, 2022 Filing 2125 Letter from the United States (Christina Falk) re Bipartisan Infrastructure Law. (Falk, Christina)
January 25, 2022 Filing 2124 TEXT ORDER This Order Relates to Case 2:21-cv-03387-RMG granting #2122 (in case 2:18-mn-02873-RMG; (7) in case 2:21-cv-03387-RMG) Motion to Substitute counsel for good cause shown. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/25/2022.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03387-RMG(sshe, )
January 25, 2022 Filing 2123 DELETION OF DOCKET ENTRY NUMBER 2121 (in 2:18-mn-02873-RMG), 6 (in 2:21-cv-03387-RMG) Reason: duplicate incorrect event entry Corrected Filing Document Number (2122 in 2:18-mn-02873-RMG, 7 in 2:21-cv-03387-RMG) Filing date is that of original filing: 1/24/2022 Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03387-RMG(sshe, )
January 24, 2022 Filing 2126 MOTION to Reopen Case /Reinstate per CMO5, Para 16 (C) by Alan Eckhoff, Sr. Response to Motion due by 2/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Shafer, Jeremy) Filing corrected by clerk per attorney filing user filed in error; refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1 Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02413-RMG(sshe, )
January 24, 2022 Filing 2122 First MOTION to Substitute Attorney and Withdraw Counsel by Drew Coates, Melinda Coates. Response to Motion due by 2/7/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order Proposed Order Granting Motion to Withdraw and Substitute Attorney-In-Charge)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03387-RMG(Speed, Spencer) (Main Document 2122 replaced on 1/25/2022) (sshe, ). Modified on 1/25/2022 to replace with corrected signature document as provided by filing user, to add applicable party as filer(sshe, ).
January 24, 2022 Filing 2120 NOTICE of Appearance by John J Driscoll on behalf of East Moline, Illinois, City of, Rock Island, Illinois, City of, Cary, Illinois, Village of Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00194-RMG, 2:22-cv-00195-RMG, 2:22-cv-00198-RMG(Driscoll, John)
January 24, 2022 Filing 2119 Letter from Defense Co-Lead Counsel re The Infrastructure Act. (Attachments: #1 Exhibit 1 - EPA Letter to Governors)(Kitts, Amanda)
January 21, 2022 Filing 2118 STATUS REPORT by National Grid USA Service Company, Inc.. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Mulcahy, Brian)
January 21, 2022 Filing 2117 MOTION to Compel National Foam Inc. to Produce Witnesses by City of Stuart, Florida, Town of Ayer, Plaintiffs, City of Sioux Falls. Response to Motion due by 2/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A- Notices of Deposition)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG, 2:19-cv-01806-RMG, 2:19-cv-03120-RMG(Thompson, Fred)
January 21, 2022 Filing 2116 DELETION OF DOCKET ENTRY NUMBER 2113 (21 in case 2:20-cv-00285-RMG) Reason: Filed in error in incorrect member case (per correspondence with filing user) Corrected Filing Document Number (2114 in 2:18-mn-02873-RMG) Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00285-RMG(sshe, )
January 21, 2022 Filing 2115 NOTICE of Appearance by George H Buermann on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01573-RMG(Buermann, George)
January 21, 2022 Filing 2114 NOTICE of Appearance by George H Buermann on behalf of Fire Service Plus Inc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01572-RMG(Buermann, George)
January 21, 2022 Opinion or Order Filing 2112 ORDER This Order Relates to Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss (Dkt. No. #2104 in case 2:18-mn-02873-RMG; (4) in case 2:21-cv-01983-RMG; (4) in case 2:21-cv-02303-RMG; (4) in case 2:21-cv-02375-RMG;(4) in case 2:21-cv-02521-RMG; (4) in case 2:21-cv-02605-RMG; (4) in case 2:21-cv-02674-RMG) is GRANTED. The claims of the plaintiffs in the member cases listed in Exhibit A are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/21/2022.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, )
January 21, 2022 Opinion or Order Filing 2111 ORDER This Order Relates to Case 2:21-cv-2413-RMG. The Defense Leadership's motion to dismiss (Dkt. No. #2103 in case 2:18-mn-02873-RMG; (5) in case 2:21-cv-02413-RMG) is GRANTED. Plaintiff Alan Eckhoff, Sr.'s claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/21/2022.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02413-RMG(sshe, )
January 20, 2022 Filing 2108 NOTICE of Voluntary Dismissal by Pasco County against Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00049-RMG(Taylor, Brandon)
January 20, 2022 Filing 2107 NOTICE of Voluntary Dismissal by City of Plantation against Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00064-RMG(Taylor, Brandon)
January 20, 2022 Filing 2106 NOTICE of Voluntary Dismissal by John Aksterowicz, Carl Anderson, Paul Byrne, Philip Ciambriello, Amy Coman, Amy Coman, William Dabbs, Dennis Bakka, Donald Forsyth, Terry Ferrill, Michael Francesconi, Thomas Fuller, Garry Dewrell, Ernest Gentile, Thomas J. Gentile, Gerald Dimillo, Jon Gibson, Richard Gillenwaters, Frederick Giordani, John Girard, Edward Golden, Richard Gould, Thomas Greco, Donald Gwynne, Harry J. Hemphill, Carl Hoffman, Richard Hooper, James Csizmadia, Jon Depaolo, David Jones, Allen Legatzke, Kirk Long, Christopher Mailloux, Matthew Majcherek, Charles Manuel, James E. Markland, Ronald McEachern, Stephen Mikolajcik, Robert Nappa, James Norris, Anthony Poppalardo, Thomas J. Rainey Jr, Joseph Rigney Sr., Klaus Schurr, Randy Slack, Gary Smith, Mark Spytek, James Tibbs, Brett Trommler, Jan Walker, Jan Walker, Randall L. Ware, Mark Wells, Steve Whitmeyer, Forrest Willis, Richard Wratchford, David M. Yzabal, James Greger, James Gilbert, Edward Goodyear, Roger Gossett, Mary Graham, John Gramlick, Linford Grant, Stephen Greeley, Michael Hackney, Greg Hackworth, Perry Hampton, Alfonso Hannah, Tyson Hansen, Michael Hart, Michael Hartness, Jonas Heaton III, Clarence Henderson, Bobby Henry, Janet Henstock, Victor Hernandez, Robin Hiatt, Clinton Higginbotham, Ernest Hill, Leon Hill, Troy Hines, Tyrelle Hines, Raymond Hodil Jr, Michael House, Andrew Howe, Kermit Hoyt Jr, Paul Hughes, Roger Hunt, Marcellus Hutchinson, Christopher Iacozza, Travis Irelan, Hal Jackson, John Jackson, Richard Jackson, Ronald Jackson, Richard Jacobo, Michael Jellsey, Paul Johnson, Samuel Johnson, Anthony Jones, Ester M Jones, Alfred Jordan, Dino Kainz, Michael Kelly, David Kies, William King, Jason Kirchner, Gerald M.P. Kodack, William Kofron, Steven Kolodge, Gregory Konikowski, William Kunkle, David Lapham, Randal Larue, Carla Leeseberg, Mary Lewis, Julie Linder, David Linkowski, Charles Linton, Karl Littell, Kenneth Luger, Basil Lynch Jr, Kerry Lynn, Douglass Mactavish, Michael Madden, Patrick Mariani, Beth Marriner-Adams, William Masewicz, Ronnie Massey, Christopher Matthews, James McCarthy, Joseph McCartney, Willie McCloud, Shawn McCormack, Carl McDonald, Cleveland McGhee, David McKay, Scott McMillan, Ron Alan Meade, James Medlock, Renato Meneses, Michael Metro, Steve Metts, Keith Miller, Richard Montoya, James Moore, Patrick Moore, Rajen Dairy LLC, Daniel W Vander Dussen, Jenise Kay Vander Dussen, Jonathan E Vander Dussen, Sybrand R Vander Dussen, Sybrand J Vander Dussen, Gregory Alford, Curtis Anderson, Ronald Atwater, Wilfred Bachelder, Vincent Barber, Misti Beach, James Beckles, Juanita Blair, Robert Blakey, Jim Blue Sr., Carlton Bost, Lashanna Bowser, James Bretney, Sandra Cannon-Austin, Gail Cargin, Floyd Clontz, Taylor Cobb, Dwight Crew, Dominique Crisler, Robert Darling, Wesley Darnell, Leonard Davis, Brian Drost, William Forshee, Jerry Fryer, Danny Garcia, Earnest Hawkins Jr., Courtland Hayes, Todd Hemming, Thaddeus Hickman, Nicholas Hiddemen, Robert Holt, Eric Hopkins, Douglas Hughes, Timothy Hyde, John Hyland, Enrique Iglesias, Franklin Jenkins, Michael P Johnson, Beverly Kindred Jr., Marvin Knight, Terrence Knowles, Chaz Knox, Clifford Lewis, Jeffrey Mack, James Malone, Audrey McGahey, Bryan McGahey, Mark Millar, Tom Moore, Brazier Morton Jr., Robert Mullen, Thomas Nesmith, Ronold Olson, David Pappas, Kayla Parrish, Brian Polkinghorne, Christine Pollakis, Jay T. Potter, Darrell Rainwater, Beverly Reed, Donald Reese, Joseph Relaford, Stephen Rice, Chester Rushing Jr., Nathan Saine, Charles Sawhill, Lisa Scroggins, Andrew Alan Short, Marshall W. Simmons, AJ Stabler, Charles Stoll, James Sydnor, Timoteo Villasana, Sam Vitrano, Andreas Cramer Von Clausbruch, Kimberly Warren, Edwin Waters, Charles Webb, Michelle Wegner, Anthony Welborn, Paul Welch, Katherine West, Richard Wilder, James Wilmore, Kenneth Wilson, Alvin Roberson, Archie Roeper, Carlos Palos, Charles Raley, David Snetzinger, Donnie Mulkey, Eddie Vanderhorst, Erika Nutall, George Shilobod, Jesse T Trevino, Jessica Stella, John Prush, William Johnson, Victor Jones, Katrina Oberhelman, David Kenney, Tiffany Kibler, Laura Koenig, Rene Lara, Cesar Leon, Leslie Peine, Donald Lewis, Elois Lockhart, Chris Ludwiczak, Teddy Lusk, Jay MacLeod, Stephen M. Manley, Fernando Marin, Billy J. Martin, Drew Martin, Kevin Martin, Michael Martin, Cole Maze, Laverne McGee, Terry McIntosh, David McKinney, Jeffery Meade, Bridget Megela, William Merritt, Stephen Miller, Michael Mixon, Linda Montgomery, Daniel Moore, Jeffrey Mullins, Howard Mullis, Christopher Murry, Tanisha Myles, Cynthia Nichols, Booker Nuckles, Timothy Olsen, Paula Ortega, Ron Osborne, Ronald Owens, Michael Palmer, Patricia Pardue, Tanya Parr, Paul Range, Richard Peary, Perry Stan Spence, Kelly Price, Randy Korycinski, Ray Runnels, William Reyes, Jason Rice, Dan Ries, Robert Redmond, Rodney Rumer, James Rushing, John Ryan, Salvatore Venturelli, Jerico Sanchez, John Schommer, Scott McConathy, Julie Sealey, Jon Seibert, Darryl Smith, Paul Solis, Solomon Tabangcora, Sonja Pander, Albert Spindle, Stacy Reichert, Gregory Stubbs, Alexandria Taylor, Robert Thomas, Tom Ries, Travis Swinney, Vincent Riolo, WD Smith Jr., Woodrow Ratliff, Alfredo Valdez, Stanley Valentine, Claude Van Gurp, Paul Vaughn, Ricardo Clemente Vela, Kenneth Max Vowels Jr, Thomas R. Wagner, Larry Walker, Stanley Walker, Stephen Walters, Jason Webb, Tim Weick, Robert West, John Wester, Alisha White, Willie Whiting, Antonio Wiggins, Rebekah Wilcox, Danny Williams, Lonnie Williams, Tashica Williams, Jerry W. Willis, Arthur Wilson Jr, David Wittman, Sandra Wolfswinkel, Stan Wolken, Bruce Woods, Jeff Woods, Jonathan John Woodson, Harry M Wright, Brian Wroten, Troy Yoder, John Young, Peter T. Young, Rodney Zimpelman, Robert Vest, Jose Vigil, Marvin Vinson, Tim Wagnon, Mac Walther Sr, William Washington, Reginald Watson Sr., Nathan Watters, Ronald Watts, Rebekah Weeks, Gail Wells, Amalia Wertz, Corey West, Robert Wilburn, Bryan Wilkins, Lewis Wilkins Jr, Anthony Williams, Eric Williams, Lawana Williams, Robert Williams, James Wood, Michele Woodallhansen, Thomas R. Yaeger, Jay Ynostroza, Scott Young, Kevin Abbott, Leslie Adams, Ricky Adamson, Nathaniel Ailsworth, James Alexander, Julie Alger, Robert Allen, David Anderson, Thomas Anderson, Alan Andrew, Eric Askren, Lorynda Atkins, Glen Averitte, Richard Baker, Justin Baksh, Daniel Barber, Edward Barnett, Michael Barton, Thomas Bell, Ruben Beltran, Arthur Benitez, Helen Bennett, Todd Benson, Jeffrey Bilski, Gary Blake, John Borrero, Nikolaos P. Bouboulis, Stacy Boyd, Steven Brenner, B R Brewster, Michele M. Bridgewater, Michael Brooker, Eddie Brooks III, Randall Brooksher, George Bruser, Merri Bulgier-Bright, Dave Buntemeyer, Michael Burns, Chris Cahill, Christopher Campbell, Jake Carlos, Reggie Carreker, Lisa Carrillo, Dennis Carroll, Ronnie Caver, Francisco Cedillo, Thomas Cepeda, Keith Chatman, Avery Chester, Rejene Clariette, George Clarke, Quin Clay-Moore, Angelica Courtney, Angelica Courtney, C.C. Cox Jr, Trey Cram, Trenton Crockett, Sheila Dangerfield, Ervie Davis Jr., Qurieno De Guchy, Anthony Deangelis, Valerie Demus, Christopher Dick, Jack Doyle, Richard Driscoll, Robert Eder, Arthur Edwards, Colinda Edwards, James Edwards, Michael Edwards, Jeffrey Eggers, Roosevelt Ellis, Charles Engel, Brian Engman, Robert Eshbaum, Mario Felix, Michael Fennell, Christopher Fields, William Fields, Edward Fitzgerald, Sean Fitzgerald, Paul Flemmer, James Flood, Robert Fowler, Jhuneia Frost, Jeffrey Kent Fuller, David Gallagher, Dale Garrison, James Collins, Jeffrey Cook, Aaron Bailey, Gilberto Alfaro, Bonnie Anz, William Arnold, Barry Dean Conley, Elizabeth Bennett, Steve Beseke, Whit Blackwell, Cheryl Bohlen, Randall Boley, Leighton Bowen, Phillip Bowman, Linda Boyette, Branda Bradford, Joe Branovsky, Thomas Briggs, John Broderick, Deborah Brown, Michael Brown, Edward Bunce, Catherine Callahan, Gary Campbell, Ken Carlsen, Kenneth Casper, Lloyd Chamberlain, David Chambers, Charles Dengler Jr, Patrick Cleary, Sandra Cleary, Marlin Clemons, Phillip Cobb, Loretta Collins, Steven Collins, Timothy Conboy Sr, Donald Cooks, Daniel Creswell, James Crouse, Eugene Culp, Brian Curneal, Larry Daniel, Cheryle Davis, Trellis Day, Donna DeSoto, Gerald Deslauriers, James Dixon, Donald R. Bennett, Anthony Ducey, Trey Duringer, Earle Gist, James Easterling, Warren Eichner, Stephen Eisele, Davie Embry, Nicholas Farro, Sabrina Fears, Crystal Flucas, Michael Fowlkes, Jeffrey Francis, Paul Fronczek, Todd Fuller, Zillian Fuller, Jaime Garza, Bruce Godlock, John Goebel, Francisco Gonzales, Juan Gonzalez, William Grant, Jerry Gray, Timothy Gray, Ronald Green, Nathan Gribbons, James Griffith, Christopher Grindheim, Lowell Grubb, Jenny Gruehr, Shearl Hamrick, James Hartman, Edward Hatfield, William Hedge, Anthony W. Helmer Jr., Gregory Scott Henderson, John Hogan Jr., Amy Hollinger, Andrew Huggins, Jared Bednar, Patrick Jarman, Gary R Jensen Jr, Mark Atkinson, Michael Bell, Sean Desrochers, Robert Bell, Leslie Beyer, James Gates, Daniel Lawrence, Corbett Litteral, Mark Mihalko, Dominick Pecora, Richard Queen, Walterio Rivera, Cory Shaw, Bruce Smith, Horace Smith, Sueanne Thomas, Douglas Wildoner, Lashonda McCoy, Lashonda McCoy, Carol Moore, Carol Moore, Vernon Moore, Terrence Morlan, Peter Muhr, Alan Murray, Brian Ng, Richard Olshefski, Andres Oquendo, Andrew Otto, Roger Page, Willis Parsons, Homer Perkins, Ricardo H Perry, Ricky Phillips, Melissa Pickrell, Rex Pieper, Trent Pierce, Quentin Piotrowski, Timothy Poland, David Porter, Ronald Poulson, Daniel Powell, Kevin Powell, Mike Powell, Gerald Prejean, Gerald Prisock, Julian Ramirez, Ysmael Ramos, Michael Ramsey, William Raney, Marcus Reyna, Gene Reza, Nicholas T Ricciuti, Gordon Rider, Bert Robb, Anthony Robinson, Brett Rodgers, Gabriel Rodriguez, Corey Rogers, Dennis Rogers, Gregory Rose, Stephanie Ross, Joshua Samuelson, Carlos Sanchez, Darren Santa, Gary Schaefer, Delmar Schilman, Robert Schultz, David Scott, James Seamans, Lester Self, Shaun Sferro, Corey Shaw, Reginald Shribbs, Mark Shumaker, Frank Silas, Kenneth Sirois, Anthony Smith, Darren Smith, Laura Smith, Michael A Smith, Patrina Smith, Patrina Smith, Dale Snyder,
January 20, 2022 Filing 2105 NOTICE of Appearance by Celeste A Evangelisti on behalf of Town of Ayer Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-03120-RMG(Evangelisti, Celeste)
January 19, 2022 Filing 2104 MOTION to Dismiss by Defendants. Response to Motion due by 2/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG et al.(Dukes, David)
January 19, 2022 Filing 2103 MOTION to Dismiss by Defendants. Response to Motion due by 2/2/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02413-RMG(Dukes, David)
January 19, 2022 Filing 2102 SUPPLEMENT by Corteva Inc, Dupont De Nemours Inc to (1290 in 2:18-mn-02873-RMG) MOTION to Dismiss for Lack of Personal Jurisdiction . (Attachments: #1 Exhibit Exhibit 1 - Opinion and Order)Associated Cases: 2:18-mn-02873-RMG et al.(Hacker, Katherine)
January 19, 2022 Filing 2101 MDL CONDITIONAL TRANSFER ORDER #76, Received from the Multi-District Litigation Panel. (sshe, )
January 19, 2022 Filing 2100 NOTICE of Appearance by Philip F Cossich on behalf of City of Plantation, City of Pico Rivera, City of Bell Gardens, Pasco County Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00049-RMG, 2:22-cv-00064-RMG, 2:22-cv-00065-RMG, 2:22-cv-00066-RMG(Cossich, Philip)
January 19, 2022 Filing 2099 NOTICE of Appearance by Christina Cossich on behalf of City of Plantation, City of Pico Rivera, City of Bell Gardens, Pasco County Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00049-RMG, 2:22-cv-00064-RMG, 2:22-cv-00065-RMG, 2:22-cv-00066-RMG(Cossich, Christina)
January 19, 2022 Filing 2098 NOTICE of Appearance by Brandon J Taylor on behalf of City of Plantation, City of Pico Rivera, City of Bell Gardens, Pasco County Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00049-RMG, 2:22-cv-00064-RMG, 2:22-cv-00065-RMG, 2:22-cv-00066-RMG(Taylor, Brandon)
January 19, 2022 Filing 2097 NOTICE of Appearance by Luana N Smith on behalf of City of Plantation, City of Pico Rivera, City of Bell Gardens, Pasco County Associated Cases: 2:18-mn-02873-RMG, 2:22-cv-00049-RMG, 2:22-cv-00064-RMG, 2:22-cv-00065-RMG, 2:22-cv-00066-RMG(Smith, Luana)
January 14, 2022 Filing 2095 NOTICE of Voluntary Dismissal by Town of Weymouth Massachusetts of Defendant Archroma Management LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02820-RMG(Hoyle, Thomas)
January 14, 2022 Filing 2094 NOTICE of Voluntary Dismissal by Town of Weymouth Massachusetts of Defendant AAA Emergency Supply Inc. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02820-RMG(Hoyle, Thomas)
January 14, 2022 Filing 2092 TEXT ORDER This Order Relates to 2:19-cv-02281-RMG; granting #2091 (in case 2:18-mn-02873-RMG, (77) in case 2:19-cv-02281-RMG) Motion for Steve W Berman to Withdraw as Attorney of record for the State of Vermont. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/14/2022.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(sshe, )
January 13, 2022 Filing 2091 MOTION to Withdraw as Attorney Motion for Withdrawal of Appearance by State of Vermont. Response to Motion due by 1/27/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-02281-RMG(Berman, Steve)
January 13, 2022 Filing 2090 Letter from Plaintiffs' Co-Lead Counsel/PEC re the Infrastructure Act. (Summy, Scott)
January 12, 2022 Filing 2089 RESPONSE in Opposition re #2065 MOTION Objection to Evidence Submitted in Support of Defendant's Motion for Partial Summary Judgment re #1971 Additional Attachments to Main Document,,,, #1969 Additional Attachments to Main Document,,, #1967 Additional Attachments to Mai Response filed by Defendants.Reply to Response to Motion due by 1/19/2022 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - U.S. Responses and Objections to Defendants' Co-Lead Counsel's Second Set of Requests for Admission to the U.S.A.)(Duffy, Brian)
January 11, 2022 Filing 2088 NOTICE of Appearance by Wesley A Bowden on behalf of City of Stuart, Florida Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03487-RMG(Bowden, Wesley)
January 11, 2022 Filing 2087 NOTICE of Appearance by Wesley A Bowden on behalf of City of Pensacola Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG(Bowden, Wesley)
January 11, 2022 Filing 2086 STIPULATION of Dismissal Without Prejudice by BASF Corporation. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02652-RMG(Werner, Michael) Modified on 1/12/2022 to reference this event previously filed in the member case only, member case closed as of 11/10/2021, current filing in the lead case and spread to the applicable member case per Judge's filing preference and to notice all lead and liaison counsel(sshe, ).
January 11, 2022 Filing 2085 NOTICE of Voluntary Dismissal by 3M Company, 3M Company, The, AGC Chemicals Americas Inc, Arkema Inc, Buckeye Fire Equipment Company, ChemDesign Products Incorporated, Chemguard Inc, Chemours Company FC LLC, The, Chemours Company, The, Clariant Corporation, Corteva Inc, DuPont de Nemours Inc, Dynax Corporation, EI Du Pont De Nemours and Company, Kidde-Fenwal Inc, National Foam Inc, Tyco Fire Products LP Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02652-RMG(Werner, Michael) Modified on 1/12/2022 to reference this event previously filed in the member case only, member case closed as of 11/10/2021, current filing in the lead case and spread to the applicable member case per Judge's filing preference and to notice all lead and liaison counsel(sshe, ).
January 11, 2022 Filing 2084 STIPULATION of Dismissal Without Prejudice by BASF Corporation. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02372-RMG(Werner, Michael) Modified on 1/12/2022 to reference this event previously filed in the member case only, member case closed as of 11/10/2021, current filing in the lead case and spread to the applicable member case per Judge's filing preference and to notice all lead and liaison counsel(sshe, ).
January 11, 2022 Filing 2083 NOTICE of Voluntary Dismissal by 3M Company, The, AGC Chemicals Americas Inc, Arkema Inc, Buckeye Fire Equipment Company, ChemDesign Products Incorporated, Chemguard Inc, Chemours Company FC LLC, The, Chemours Company, The, Clariant Corporation, Corteva Inc, DuPont de Nemours Inc, Dynax Corporation, EI Du Pont De Nemours and Company, Kidde-Fenwal Inc, National Foam Inc, Tyco Fire Products LP, 3M Company, AGC Chemicals Americas Inc., Arkema Inc., The Chemours Company, The Chemours Company FC, LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02372-RMG(Werner, Michael) Modified on 1/12/2022 to reference this event previously filed in the member case only, member case closed as of 11/10/2021, current filing in the lead case and spread to the applicable member case per Judge's filing preference and to notice all lead and liaison counsel(sshe, ).
January 7, 2022 Filing 2082 NOTICE of Appearance by Luana N Smith on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG(Smith, Luana)
January 7, 2022 Filing 2081 NOTICE of Voluntary Dismissal by State of Alaska against Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(Taylor, Brandon)
January 7, 2022 Filing 2080 NOTICE of Voluntary Dismissal by State of Alaska against Angus International Safety Group, Ltd., Central Sprinkler, LLC, Fire Products GP Holding, LLC, and Johnson Controls International, plc Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02804-RMG(Taylor, Brandon)
January 6, 2022 Filing 2079 MDL CONDITIONAL TRANSFER ORDER #74, Received from the Multi-District Litigation Panel. (sshe, )
January 5, 2022 Filing 2078 TEXT ORDER granting #2077 briefing extension, for good cause shown. AND IT IS SO ORDERED. (Response to Motion #2065 due by 1/12/2022). Entered at the Direction of Honorable Richard M Gergel on 1/5/2022.(sshe, )
January 4, 2022 Filing 2077 MOTION for Extension of Time to File Response/Reply as to #2065 MOTION Objection to Evidence Submitted in Support of Defendant's Motion for Partial Summary Judgment re #1971 Additional Attachments to Main Document,,,, #1969 Additional Attachments to Main Document,,, #1967 Additional Attachments to Mai by Defendants. Response to Motion due by 1/18/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Duffy, Brian)
January 4, 2022 Filing 2076 CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873 This Notice Relates to All Actions. Please be reminded that the new shell case number for direct-filed cases related to the AFFF MDL is now 2:22-av-55555. If counsel has filed new cases in the 2021 shell 2:21-av-55555-CIV since 1/1/2022, these new member cases will be assigned 2:22-cv-(number)-RMG. PLEASE do not refile! Please continue to file the Complaint (Civil cover sheet need not be filed), and submit one summons document AO 440 form to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach pages which include the additional defendants' names (and addresses per CMO NO. 6, 6.A, 6.B, 6.C, 6.D, 6.E re Alternative For Service of Process on a Defendant). Counsel should e-file the summons document, upload as an attachment to the complaint. (sshe, ) Modified text for clarification of 2021 MDL shell case 'av' on 1/5/2022 (sshe, ).
January 3, 2022 Filing 2075 MDL CONDITIONAL TRANSFER ORDER #73, Received (12/29/2021) from the Multi-District Litigation Panel. (sshe, )
January 3, 2022 Filing 2074 MDL CONDITIONAL TRANSFER ORDER #72, Received (12/2/8/2021) from the Multi-District Litigation Panel. (sshe, )
January 3, 2022 Opinion or Order Filing 2073 ORDER This Order Relates to All Cases. The PEC's motion to seal (Dkt. No. #2064 ) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/3/2022.(sshe, )
January 3, 2022 Filing 2072 TEXT ORDER granting #2067 (in 2:18-mn-02873-RMG; 7 in 2:21-cv-01612-RMG). In member case No. 2:21-cv-1612-RMG, Plaintiff Johnnie Osborn moves to reinstate his claims pursuant to CMO No. 5. The claims were dismissed without prejudice with leave to reinstate for failure to provide a completed Plaintiff Fact Sheet (PFS). Plaintiff has now submitted the PFS and therefore moves to reinstate. The motion is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/3/2022. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01612-RMG(sshe, )
December 29, 2021 Filing 2071 NOTICE of Appearance by Crystal Lohmann Parker on behalf of Solvay Specialty Polymers USA LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01708-RMG(Parker, Crystal)
December 29, 2021 Filing 2070 NOTICE of Appearance by Jaren Janghorbani on behalf of Solvay Specialty Polymers USA LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01708-RMG(Janghorbani, Jaren)
December 29, 2021 Filing 2069 NOTICE of Appearance by Daniel J. Toal on behalf of Solvay Specialty Polymers USA LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01708-RMG(Toal, Daniel)
December 29, 2021 Filing 2068 NOTICE of Appearance by Theodore V Wells, Jr on behalf of Solvay Specialty Polymers USA LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01708-RMG(Wells, Theodore)
December 28, 2021 Filing 2067 First MOTION to Reopen Case by Johnie Osborne. Response to Motion due by 1/11/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Proof of PFS Service)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01612-RMG(Zgoda, Richard)
December 27, 2021 Filing 2066 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 12/17/2021, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 1/18/2022. Redacted Transcript Deadline set for 1/27/2022. Release of Transcript Restriction set for 3/28/2022. (kmartin, )
December 22, 2021 Filing 2065 MOTION Objection to Evidence Submitted in Support of Defendant's Motion for Partial Summary Judgment re #1971 Additional Attachments to Main Document,,,, #1969 Additional Attachments to Main Document,,, #1967 Additional Attachments to Main Document,,, #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense, #1970 MOTION to Seal Certain Exhibits to Motion for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense, #1968 Additional Attachments to Main Document,,, #1966 Additional Attachments to Main Document,,, by Plaintiffs. Response to Motion due by 1/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Thompson, Fred)
December 22, 2021 Filing 2064 MOTION to Seal by Plaintiffs. Response to Motion due by 1/5/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit 1-Index, #2 Exhibit 2- Certificate of Compliance, #3 Exhibit 3- Placeholder Sheet, #4 Proposed Order 4- {Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Thompson, Fred)
December 22, 2021 Filing 2063 RESPONSE in Opposition re #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense Response filed by Plaintiffs.Reply to Response to Motion due by 12/29/2021 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Affidavit Declaration of Michael London, #2 Exhibit 1-Lowder Declaration, #3 Exhibit 2-4/28/21 Darwin Transcript, #4 Exhibit 3- USA's responses to Requests for Admissions, #5 Exhibit 4-12/2/20 Regina Deposition Transcript, #6 Exhibit 5-Janet Anderson Declaration, #7 Exhibit 6- Linda Birnbaum Declaration, #8 Exhibit 7-7/24/20 Butenhoff Deposition, #9 Exhibit 8- 4/17/21 Washington Post Article, #10 Exhibit 9- 8/3/2000 PResentation re: Phasing out PFOS, #11 Exhibit 10- 8/31/00 EPA Memorandum, #12 Exhibit 11-EPA Press Release 5/16/2000, #13 Exhibit 12-5/16/2000 email from Charles Auer, #14 Exhibit 13-EPA Risk Management for PFAS under TSC, #15 Exhibit 14- Investigation of PFC Contamination in MN Phase One, Report to Senate, #16 Exhibit 15- Federal Register 68:73, #17 Exhibit 16-Presentation to EHS Minichapter, 3/11/04, #18 Exhibit 17-Exhibit 7 to the 30(b)(6) Deposition of Brian Mader (demonstrative), #19 Exhibit 18-Exhibit 8 to the 30(b)(6) Deposition of Brian Mader (demonstrative), #20 Exhibit 19- Decline in Perfluorooctanesulfonate in Blood Donors, #21 Exhibit 20- Exhibit LP68 to John Gerber Deposition, Chronology, #22 Exhibit 21- 7/23/20 Butenhoff Deposition Transcript, #23 Exhibit 22- US Patent 2,519,983, #24 Exhibit 23- Declaration of Gregory Walton, P.E., #25 Exhibit 24- 11/18/20 Deposition Transcript of Michael Falco, #26 Exhibit 25- US Patent 2,567,011, #27 Exhibit 26- US Patent 2,732,398, #28 Exhibit 27- US Patent 2,759,019, #29 Exhibit 28- US Patent 2,764,602, #30 Exhibit 29- US Patent 2,809,990, #31 Exhibit 30- US Patent 3,245,817, #32 Exhibit 31- 1952 Popular Mechanics Article, #33 Exhibit 32-History of Light Water AFFF, #34 Exhibit 33- 1961 3M Co. Ad, #35 Exhibit 34- 3M Co. Ad, #36 Exhibit 35- 6/24/21 Farley deposition, #37 Exhibit 36- report for Commercial Chemical Product Lines, #38 Exhibit 37- Light Water ad, #39 Exhibit 38- 4/30/21 Farley declaration, #40 Exhibit 39- Exhibit 4 to Farley Declaration, #41 Exhibit 40- Navy Memoranda on AFFF, #42 Exhibit 41- MIL-f-24385 QPL/QPD History for Type 6 and Type 3 AFFF, #43 Exhibit 42- MIL-F-24385 11/21/69, #44 Exhibit 43- MIL-PRF-24385F(SH) 9/7/17, #45 Exhibit 44-MIL-PRF-24385F(SH) 5/7/19, #46 Exhibit 45- 3M Ad for Light Water AFFF FC-200, #47 Exhibit 46-1/21/21 deposition of Prins, #48 Exhibit 47- 3m Phasing out some of its Specialty Materials, #49 Exhibit 48- Hughes Associates, Inc. Estimated Quantities of AFFF in the U.S., #50 Exhibit 49- Index of 3M Toxicology and Human Health Studies Submitted to the EPA, #51 Exhibit 50- Letter from 3M to EPA 5/15/98, #52 Exhibit 51- 8/7/03 Letter from Auer to Masten, #53 Exhibit 52-3M to Discontinue some Scotch Guard Repellant, #54 Exhibit 53- 8/20/15 Internal 3M Memorandum, #55 Exhibit 54- 8/22/75 Internal 3M Memorandum, #56 Exhibit 55- 9/22/75 Internal 3M Memorandum, #57 Exhibit 56-Chronology-FLuorochemicals in Blood, #58 Exhibit 57- Central Analytical Lab Report 6448, #59 Exhibit 58-8/19/21 Deposition of John Gerber, #60 Exhibit 59- Organic Fluorine in Human Serum, #61 Exhibit 60- Exhibit 16 to deposition of Brian Mader (demonstrative), #62 Exhibit 61- Exhibit 16 to deposition of Brian Mader (demonstrative, #63 Exhibit 62, #64 Exhibit 63, #65 Exhibit 64, #66 Exhibit 65, #67 Exhibit 66, #68 Exhibit 67, #69 Exhibit 68, #70 Exhibit 69, #71 Exhibit 70, #72 Exhibit 71, #73 Exhibit 72, #74 Exhibit 73, #75 Exhibit 74, #76 Exhibit 75, #77 Exhibit 76, #78 Exhibit 77, #79 Exhibit 78, #80 Exhibit 79, #81 Exhibit 80, #82 Exhibit 81, #83 Exhibit 82, #84 Exhibit 83, #85 Exhibit 84, #86 Exhibit 85, #87 Exhibit 86, #88 Exhibit 87, #89 Exhibit 88, #90 Exhibit 89, #91 Exhibit 90, #92 Exhibit 91, #93 Exhibit 92, #94 Exhibit 93, #95 Exhibit 94, #96 Exhibit 95, #97 Exhibit 96, #98 Exhibit 97, #99 Exhibit 98, #100 Exhibit 99, #101 Exhibit 100, #102 Exhibit 101, #103 Exhibit 102, #104 Exhibit 103, #105 Exhibit 104, #106 Exhibit 105, #107 Exhibit 106, #108 Exhibit 107, #109 Exhibit 108, #110 Exhibit 109, #111 Exhibit 110, #112 Exhibit 111, #113 Exhibit 112, #114 Exhibit 113, #115 Exhibit 114, #116 Exhibit 115, #117 Exhibit 116, #118 Exhibit 117, #119 Exhibit 118, #120 Exhibit 119, #121 Exhibit 120, #122 Exhibit 121, #123 Exhibit 122, #124 Exhibit 123, #125 Exhibit 124, #126 Exhibit 125, #127 Exhibit 126, #128 Exhibit 127- Exhibit List)(Thompson, Fred) (Main Document 2063 replaced with redacted document provided by filer on 12/28/2021) (hcor, ).
December 22, 2021 Filing 2062 TEXT ORDER re #2058 (in case 2:18-mn-02873-RMG; (14) in case 2:21-cv-01392-RMG). Plaintiff James Deater's claims were dismissed without prejudice for failure to provide a completed Plaintiff Fact Sheet. Dkt. No. 2052. Plaintiff represents that he has now provided the Defense Coordination Committee with a completed Plaintiff Fact Sheet. Pursuant to the governing Case Management Order, Plaintiff's motion to reinstate his claims is GRANTED. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/22/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01392-RMG(sshe, )
December 21, 2021 Filing 2061 STIPULATION of Dismissal Without Prejudice by Michael Butcher. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02255-RMG(Zgoda, Richard)
December 21, 2021 Filing 2060 STIPULATION of Dismissal Without Prejudice by Thomas Ciangiola. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02192-RMG(Zgoda, Richard)
December 21, 2021 Filing 2059 STIPULATION of Dismissal Without Prejudice by John Lomax. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01260-RMG(Zgoda, Richard)
December 17, 2021 Filing 2058 MOTION to Set Aside Judgment of Dismissal by James Deater. Response to Motion due by 1/4/2022. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)(Scanlan, Alfred) Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01392-RMG Filing corrected by clerk, refiled correctly in management case, and spread to applicable member case as listed on document, per Judge's filing instructions per CMO No 1(sshe, ) Modified to original document number (in case 2:21-cv-01392-RMG) on 12/17/2021 (sshe, ).
December 17, 2021 Opinion or Order Filing 2057 ORDER This Order Relates to All Actions. The Court conducted a monthly case management conference on December 17, 2021 re 2056 Status Conference. The parties raised a potential discovery dispute; the Court orders as follows: Old DuPont shall provide the PEC with a privilege log on or before January 24, 2022. The PEC shall provide Old DuPont with any objections to the privilege log within ten days thereafter. Old DuPont shall respond to the objections within five days thereafter. The PEC may file any motion to compel thereafter, which the Court will order briefed at that time on an expedited schedule. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/17/2021. (sshe, )
December 17, 2021 Filing 2056 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Telephone Status Conference held on 12/17/2021. January's telephone status conference is set for 1/28/2022 10:00 AM. Court Reporter Karen Martin. (cper, )
December 16, 2021 Filing 2055 STATUS REPORT General Denial and Affirmative Defenses by Intercontinental Terminals Company, LLC. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01703-RMG, 2:21-cv-02352-RMG(Lewis, Russell)
December 16, 2021 Opinion or Order Filing 2054 ORDER This Order Relates to: The Member Cases Listed in Exhibit A. The Defense Leadership's motion to dismiss #2037 (in case 2:18-mn-02873-RMG; (4) in case 2:21-cv-01612-RMG; (4) in case 2:21-cv-01784-RMG; (4) in case 2:21-cv-01909-RMG; (4) in case 2:21-cv-01945-RMG) is GRANTED. Plaintiffs claims in the member cases listed in Exhibit A are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/15/2021. (Attachments: #1 Exhibit A List of Plaintiffs and Member Cases)Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01612-RMG, 2:21-cv-01784-RMG, 2:21-cv-01909-RMG, 2:21-cv-01945-RMG(sshe, )
December 16, 2021 Opinion or Order Filing 2053 ORDER This Order Relates to: Case No. 2:21-cv-0162-RMG. The Defense Leadership's motion to dismiss #2036 (in case 2:18-mn-02873-RMG; (8) in case 2:21-cv-00162-RMG) is GRANTED. Plaintiff Mike Jackson's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/15/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00162-RMG(sshe, )
December 16, 2021 Opinion or Order Filing 2052 ORDER This Order Relates to: Case No. 2:21-cv-01392-RMG. The Defense Leadership's motion to dismiss #2035 (in case 2:18-mn-02873-RMG; (11) in case 2:21-cv-01392-RMG) is GRANTED. Plaintiff James Deater's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/15/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01392-RMG(sshe, )
December 15, 2021 Filing 2050 TEXT ORDER This Order relates to Case Nos: as listed on the Motion for Withdrawal of Appearance, granting #2044 Motion to Withdraw Christina T. Natale as Attorney for United States of America. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/15/2021.(sshe, )
December 15, 2021 Filing 2049 NOTICE of Appearance by Cary L McDougal on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(McDougal, Cary)
December 15, 2021 Filing 2048 NOTICE of Appearance by Scott Summy on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(Summy, Scott)
December 14, 2021 Filing 2047 STATUS REPORT NSK Corporation's General Denial and Affirmative Defenses by NSK Corporation. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01703-RMG(Oakley, Bruce)
December 14, 2021 Filing 2046 NOTICE of Appearance by Kevin Scott Hannon on behalf of Plaintiffs Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03941-RMG(Hannon, Kevin)
December 14, 2021 Filing 2045 NOTICE of Appearance by Kevin Scott Hannon on behalf of James F. Saracco Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG(Hannon, Kevin)
December 14, 2021 Filing 2044 MOTION to Withdraw as Attorney Christina T. Natale by United States of America. Response to Motion due by 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Natale, Christina)
December 14, 2021 Filing 2042 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Daikin America, Inc.. (Grossman, Theodore)
December 13, 2021 Filing 2041 NOTICE of Appearance by Christina Cossich on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(Cossich, Christina)
December 13, 2021 Filing 2040 NOTICE of Appearance by Philip F Cossich on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(Cossich, Philip)
December 13, 2021 Filing 2039 NOTICE of Appearance by Brandon J Taylor on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(Taylor, Brandon)
December 13, 2021 Filing 2038 NOTICE of Appearance by John J Driscoll on behalf of City of Collinsville Illinois Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03887-RMG(Driscoll, John)
December 10, 2021 Filing 2037 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets by Defendants. Response to Motion due by 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet, #2 Exhibit B - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01612-RMG, 2:21-cv-01784-RMG, 2:21-cv-01909-RMG, 2:21-cv-01945-RMG(Dukes, David)
December 10, 2021 Filing 2036 MOTION to Dismiss Mike Jackson For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Plaintiffs Who Failed to Serve Executed Plaintiff Fact Sheet)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00162-RMG(Dukes, David)
December 10, 2021 Filing 2035 MOTION to Dismiss James Deater For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 12/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01392-RMG(Dukes, David)
December 9, 2021 Filing 2034 STIPULATION of Dismissal Without Prejudice by Steven Kanaga, Mary Niemetz, Cinthia Stewart, Cinthia (I) Stewart, ANDREW JAGO, Andrew (I) Jago, Michael Howells, Michael (I) Howells. (Attachments: #1 Exhibit List of cases for dismissal)Associated Cases: 2:18-mn-02873-RMG et al.(Croner, Andrew)
December 9, 2021 Filing 2033 NOTICE of Voluntary Dismissal by Vincent George Pallaci Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02128-RMG(Anderson, Gary)
December 9, 2021 Filing 2032 NOTICE of Voluntary Dismissal by Dennis John Chilcote Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02058-RMG(Anderson, Gary)
December 9, 2021 Filing 2031 NOTICE of Voluntary Dismissal by Benjamin Harris Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02533-RMG(Anderson, Gary)
December 9, 2021 Filing 2029 DELETION OF DOCKET ENTRY NUMBER 2025 (6 in 2:21-cv-01677-RMG), 2027 (38 in 2:20-cv-01478-RMG) Reason: Duplicate incorrect filings Corrected Filing Document Number (2026 in 2:18-mn-02873-RMG, 37 in 2:20-cv-01478-RMG, 7 in 2:21-cv-01677-RMG) Filing date is that of original filing: 12/8/2021 Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG, 2:21-cv-01677-RMG(sshe, )
December 8, 2021 Filing 2028 NOTICE of Appearance by Luana N Smith on behalf of State of Alaska Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03940-RMG, 2:21-cv-03941-RMG(Smith, Luana)
December 8, 2021 Filing 2026 NOTICE of Appearance by Joshua Rhett Harris on behalf of City of Pensacola, City of Tallahassee, Florida Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-01478-RMG, 2:21-cv-01677-RMG(Harris, Joshua) Modified on 12/9/2021 to edit docket text to correct filers (add attorney for applicable plaintiff parties in 2:20-cv-01478-RMG and 2:21-cv-01677-RMG, remove attorney for Plaintiffs in 2:18-mn-02873-RMG)(sshe, ).
December 3, 2021 Filing 2024 MDL TRANSFER ORDER # District of Alaska Gaston and Saracco actions, Received from the Multi-District Litigation Panel. (sshe, )
December 3, 2021 Filing 2023 MDL CONDITIONAL TRANSFER ORDER #71, Received from the Multi-District Litigation Panel. (sshe, )
December 2, 2021 Filing 2022 CASE MANAGEMENT ORDER NO. 21. This Order Relates to All Actions. Please See Order for All Details regarding Joint Sampling Protocol, procedures for Tier 2 sample collection. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/2/2021. (sshe, )
December 2, 2021 Opinion or Order Filing 2021 ORDER This Order Relates to All Cases. Defendants' motion to seal (Dkt. No. #1970 ) is GRANTED. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 12/2/2021.(sshe, )
December 1, 2021 Filing 2019 TEXT ORDER This Order Relates to Case Nos.: granting #2016 (in case 2:18-mn-02873-RMG; (270) in case 2:18-cv-03358-RMG; (111) in case 2:19-cv-01724-RMG; (49) in case 2:21-cv-01496-RMG) Motion for Withdrawal of Appearance of Matthew J Sinkman for the State of New York, New York Air National Guard, New York State Department of Transportation. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/1/2021.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03358-RMG, 2:19-cv-01724-RMG, 2:21-cv-01496-RMG(sshe, )
December 1, 2021 Filing 2018 TEXT ORDER This Order Relates to Case Nos.: granting #2015 (in case 2:18-mn-02873-RMG; (106) in case 2:19-cv-01022-RMG; (64) in case 2:19-cv-02123-RMG; (54) in case 2:19-cv-02607-RMG; (37) in case 2:20-cv-00048-RMG) Motion for Withdrawal of Appearance of Matthew J Sinkman for plaintiff State of New York. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 12/1/2021.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01022-RMG, 2:19-cv-02123-RMG, 2:19-cv-02607-RMG, 2:20-cv-00048-RMG(sshe, )
December 1, 2021 Filing 2017 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings. Status Conference held on 11/19/2021, before Judge Richard M. Gergel. Court Reporter/Transcriber Karen E. Martin, Telephone number/E-mail Karen_E_Martin@scd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction. Redaction Request due 12/22/2021. Redacted Transcript Deadline set for 1/4/2022. Release of Transcript Restriction set for 3/1/2022. (kmartin, )
December 1, 2021 Filing 2016 MOTION to Withdraw as Attorney by New York Air National Guard, State of New York, New York State Department of Transportation. Response to Motion due by 12/15/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03358-RMG, 2:19-cv-01724-RMG, 2:21-cv-01496-RMG(Sinkman, Matthew)
December 1, 2021 Filing 2015 MOTION to Withdraw as Attorney by State of New York. Response to Motion due by 12/15/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:19-cv-01022-RMG, 2:19-cv-02123-RMG, 2:19-cv-02607-RMG, 2:20-cv-00048-RMG(Sinkman, Matthew)
November 30, 2021 Filing 2013 TEXT ORDER re #2010 (in 2:18-mn-02873-RMG, 10 in 2:21-cv-00851-RMG). This Order relates to member case 2:21-cv-0851-RMG. Plaintiff moves to reinstate its claims in light of supplying the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet, pursuant to CMO No. 5. The motion is GRANTED and Plaintiff's claims are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/30/2021. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00851-RMG(sshe, )
November 30, 2021 Filing 2012 TEXT ORDER re #2009 (in 2:18-mn-02873-RMG, 9 in 2:21-cv-01146-RMG). This Order relates to member case 2:21-cv-1146-RMG. Plaintiff moves to reinstate his claims in light of supplying the Defense Coordination Committee with an executed and completed Plaintiff Fact Sheet, pursuant to CMO No. 5. The motion is GRANTED and Plaintiff's claims are hereby reinstated pursuant to CMO No. 5. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/30/2021. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01146-RMG(sshe, )
November 30, 2021 Filing 2011 CASE MANAGEMENT ORDER NO. 19-A. This Order Relates to All Actions. Please See Order for All Details and Deadlines regarding Amended Scheduling Order Governing First Water Provider Bellwether Trial. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/30/2021. (sshe, )
November 29, 2021 Filing 2010 MOTION to Reopen Case Motion to Reinstate Plaintiff's Claims by Town of Danvers. Response to Motion due by 12/13/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00851-RMG(Sanchez, M)
November 29, 2021 Filing 2009 First MOTION to Reopen Case Motion to Reinstate by Sam Gordon. Response to Motion due by 12/13/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Server Log, #2 Exhibit Declaration of Service, #3 Exhibit PFS Submission Email)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01146-RMG(Pennock, Shannon)
November 24, 2021 Filing 2007 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Afco Avports LLC. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01496-RMG(Stukes, Mary Katherine)
November 24, 2021 Filing 2006 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by FBS Tire Recycling, Inc.. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Higgins, Chad)
November 24, 2021 Filing 2005 Corporate Disclosure Statement by FBS Tire Recycling, Inc.. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Higgins, Chad)
November 24, 2021 Filing 2004 NOTICE of Appearance by Chad W. Higgins on behalf of FBS Tire Recycling, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Higgins, Chad)
November 23, 2021 Filing 2003 CASE MANAGEMENT ORDER NO. 20. This Order Relates to All Actions. Please see Order for all Details regarding General Denial and Preliminary Statement of Affirmative Defenses in Lieu of Answers. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/23/2021. (sshe, )
November 22, 2021 Filing 2002 TEXT ORDER This Order Relates to Case No.: 2:21-cv-03182-RMG GRANTING #2001 (in case 2:18-mn-02873-RMG; (6) in case 2:21-cv-03182-RMG) Motion of Ryan Lipes to Withdraw as Attorney for Jackson Hole Airport Board. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/22/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03182-RMG(sshe, )
November 22, 2021 Filing 2001 MOTION to Withdraw as Attorney by Jackson Hole Airport Board. Response to Motion due by 12/6/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03182-RMG(Lipes, Ryan)
November 19, 2021 Filing 2000 NOTICE OF RESCHEDULED HEARING Monthly Status Conference 1/21/2022 10:00 AM rescheduled to: Telephonic Status Conference set for 1/28/2022 10:00 AM before Honorable Richard M Gergel. Counsel Please Note Date Change (see Dkt. No. 1704 regarding all future status conferences are telephonic absent further order from the Court) (sshe, )
November 19, 2021 Filing 1999 Minute Entry. Proceedings held before Honorable Richard M Gergel: Monthly Telephone Status Conference held on 11/19/2021. All future status conferences are telephonic absent further order from the Court. December Telephone conference set for 12/17/2021 at 10 AM. Court Reporter Karen Martin. (cper, )
November 19, 2021 Filing 1998 TEXT ORDER This Order Relates to: 2:21-cv-01649-RMG granting #1997 (in case 2:18-mn-02873-RMG; (18) in case 2:21-cv-01649-RMG) Motion of Rebecca M Klein to Withdraw as Attorney for Archroma US Inc, Clariant Corporation. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/19/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01649-RMG(sshe, )
November 17, 2021 Filing 1997 MOTION to Withdraw as Attorney Rebecca M. Klein by Archroma U.S. Inc., Clariant Corporation. Response to Motion due by 12/1/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01649-RMG(Weber, Steven)
November 17, 2021 Opinion or Order Filing 1996 ORDER This Order Relates to: Case No. 2:21-cv-0593-RMG granting Defense Leadership's Motion to Dismiss #1984 in case 2:18-mn-02873-RMG ((7) in case 2:21-cv-00593-RMG). Plaintiff William Armstrong's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/17/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00593-RMG(sshe, )
November 17, 2021 Opinion or Order Filing 1995 ORDER This Order Relates to: Case No. 2:21-cv-0851-RMG granting Defense Leadership's Motion to Dismiss #1983 in case 2:18-mn-02873-RMG ((7) in case 2:21-cv-00851-RMG). Plaintiff Town of Danvers's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/17/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00851-RMG(sshe, )
November 17, 2021 Opinion or Order Filing 1994 ORDER This Order Relates to: Case No. 2:21-cv-1146-RMG granting Defense Leadership's Motion to Dismiss #1982 in case 2:18-mn-02873-RMG ((6) in case 2:21-cv-01146-RMG). Plaintiff Sam Gordon's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/17/2021.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01146-RMG(sshe, )
November 17, 2021 Opinion or Order Filing 1993 ORDER This Order Relates to: Case No. 2:20-cv-4359-RMG, Case No. 2:21-cv-0592-RMG, Case No. 2:21-cv-0918-RMG granting Defense Leadership's Motion to Dismiss #1980 in case 2:18-mn-02873-RMG ((7) in case 2:20-cv-04359-RMG; (6) in case 2:21-cv-00592-RMG; (6) in case 2:21-cv-00918-RMG). Plaintiffs' claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/17/2021.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-04359-RMG, 2:21-cv-00592-RMG, 2:21-cv-00918-RMG(sshe, )
November 17, 2021 Opinion or Order Filing 1992 ORDER This Order Relates to: 2:20-cv-0585-RMG granting Defense Leadership's motion to dismiss #1978 in case 2:18-mn-02873-RMG ((18) in case 2:20-cv-00585-RMG). Plaintiff Diane Cooper's claims are dismissed without prejudice and subject to reinstatement upon pursuant to the procedure set forth in CMO No. 5. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/17/2021.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00585-RMG(sshe, )
November 17, 2021 Filing 1991 DELETION OF DOCKET ENTRY NUMBER 1986 Reason: Attorney filing user refiled to correctly spread corrected entry Corrected Filing Document Number #1990 Modified filing date to that of original filing: 11/15/2021 (sshe, )
November 15, 2021 Filing 1989 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Honeywell International Inc, Honeywell International Inc.. Associated Cases: 2:18-mn-02873-RMG et al.(Shealy, Kirby)
November 15, 2021 Filing 1988 COUNTY COURT RECORD from Middlesex County. (Attachments: #1 Exhibit A - Certified State Court Record from Middlesex County)Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Kitts, Amanda)
November 15, 2021 Filing 1987 STATUS REPORT - Defendant BASF Corporation's General Denial and Preliminary Statement of Affirmative Defenses by BASF Corp, BASF Corporation, BASF Corporation, BASF Corporation. Associated Cases: 2:18-mn-02873-RMG et al.(Holian, Matthew)
November 15, 2021 Filing 1986 NOTICE of Appearance by Kelsey J Moe on behalf of PBI Performance Products, Inc. (Moe, Kelsey)
November 15, 2021 Filing 1985 MDL CONDITIONAL TRANSFER ORDER #69, Received from the Multi-District Litigation Panel. (sshe, )
November 15, 2021 Filing 1984 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 11/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Armstrong Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00593-RMG(Dukes, David)
November 15, 2021 Filing 1983 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 11/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Town of Danvers Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-00851-RMG(Dukes, David)
November 15, 2021 Filing 1982 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheet by Defendants. Response to Motion due by 11/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Gordon Notice of Non-Compliance)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01146-RMG(Dukes, David)
November 15, 2021 Filing 1981 DELETION OF DOCKET ENTRY NUMBER 1973 Reason: Filing user filed event incorrectly using incorrect attorney filing credentials Filing date of original filing: 11/10/2021 (sshe, )
November 15, 2021 Filing 1980 MOTION to Dismiss For Failure to Serve Plaintiff Fact Sheets by Defendants. Response to Motion due by 11/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A to Nov 2021 MTD re Gacovino & ELG Plaintiffs who failed to serve PFS, #2 Exhibit B - Non-Compliance letters for plaintiffs who failed to serve a PFS)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-04359-RMG, 2:21-cv-00592-RMG, 2:21-cv-00918-RMG(Dukes, David)
November 15, 2021 Filing 1979 DELETION OF DOCKET ENTRY NUMBER 1972 Reason: Filing user filed unnecessary event incorrectly Filing date of original filing: 11/10/2021 (sshe, )
November 12, 2021 Filing 1978 MOTION to Dismiss by Defendants. Response to Motion due by 11/29/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - 2020.10.15 Diane Cooper Notice of Non-Compliance, #2 Exhibit B - 2020.10.29 Pl Ltr requesting extension, #3 Exhibit C - 2021.01.15 - 02.08 Emails with Pl Counsel re dismissal of Diane Cooper)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:20-cv-00585-RMG(Dukes, David)
November 12, 2021 Filing 1977 Corporate Disclosure Statement by National Grid USA Service Company, Inc. identifying Corporate Parent National Grid USA for National Grid USA Service Company, Inc... Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Mulcahy, Brian)
November 12, 2021 Filing 1976 NOTICE of Appearance by Brian P Mulcahy on behalf of National Grid USA Service Company, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03594-RMG(Mulcahy, Brian)
November 11, 2021 Filing 1975 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Afco Avports LLC.Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01496-RMG(Stukes, Mary Katherine)
November 11, 2021 Filing 1974 NOTICE of Appearance by Mary Katherine Hackney Stukes on behalf of Afco Avports LLC Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-01496-RMG(Stukes, Mary Katherine)
November 10, 2021 Filing 1973 NOTICE of Appearance by Peter James Van Zandt on behalf of PBI Performance Products, Inc. (Van Zandt, Peter)
November 10, 2021 Filing 1972 NOTICE of Appearance by Spencer T Speed on behalf of Plaintiffs (Speed, Spencer)
November 5, 2021 Filing 1971 Additional Attachments to Main Document #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense. First attachment description: Additional Exhibits to Defendants' Motion for Partial Summary Judgment . (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 104, #5 Exhibit 105, #6 Exhibit 106, #7 Exhibit 107, #8 Exhibit 108, #9 Exhibit 109, #10 Exhibit 110, #11 Exhibit 111, #12 Exhibit 112, #13 Exhibit 113, #14 Exhibit 114, #15 Exhibit 115, #16 Exhibit 116, #17 Exhibit 117, #18 Exhibit 118, #19 Exhibit 119, #20 Exhibit 120, #21 Exhibit 121, #22 Exhibit 122, #23 Exhibit 123, #24 Exhibit 124, #25 Exhibit 125, #26 Exhibit 126, #27 Exhibit 127, #28 Exhibit 128, #29 Exhibit 129, #30 Exhibit 130, #31 Exhibit 131, #32 Exhibit 132, #33 Exhibit 133, #34 Exhibit 134, #35 Exhibit 135, #36 Exhibit 136, #37 Exhibit 137, #38 Exhibit 138)(Dukes, David)
November 5, 2021 Filing 1970 MOTION to Seal Certain Exhibits to Motion for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense by Defendants. Response to Motion due by 11/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit A - Non-Confidential Descriptive Index, #2 Exhibit B - Certificate of Compliance, #3 Exhibit C - Placeholder for Confidential Documents Submitted to the Court, #4 Exhibit D - Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dukes, David)
November 5, 2021 Filing 1969 Additional Attachments to Main Document #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense. First attachment description: Additional Exhibits to Defendants' Motion for Partial Summary Judgment . (Attachments: #1 Exhibit 76, #2 Exhibit 77, #3 Exhibit 78, #4 Exhibit 79, #5 Exhibit 80, #6 Exhibit 81, #7 Exhibit 82, #8 Exhibit 83, #9 Exhibit 84, #10 Exhibit 85, #11 Exhibit 86, #12 Exhibit 87, #13 Exhibit 88, #14 Exhibit 89, #15 Exhibit 90, #16 Exhibit 91, #17 Exhibit 92, #18 Exhibit 93, #19 Exhibit 94, #20 Exhibit 95, #21 Exhibit 96, #22 Exhibit 97, #23 Exhibit 98, #24 Exhibit 99, #25 Exhibit 100)(Dukes, David)
November 5, 2021 Filing 1968 Additional Attachments to Main Document #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense. First attachment description: Additional Exhibits to Defendants' Motion for Partial Summary Judgment . (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59, #10 Exhibit 60, #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70, #21 Exhibit 71, #22 Exhibit 72, #23 Exhibit 73, #24 Exhibit 74, #25 Exhibit 75)(Dukes, David)
November 5, 2021 Filing 1967 Additional Attachments to Main Document #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense. First attachment description: Additional Exhibits to Defendants' Motion for Partial Summary Judgment . (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 44, #20 Exhibit 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48, #24 Exhibit 49, #25 Exhibit 50)(Dukes, David)
November 5, 2021 Filing 1966 Additional Attachments to Main Document #1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense. First attachment description: First set of exhibits to Defendants' Motion for Partial Summary Judgment . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Dukes, David)
November 5, 2021 Filing 1965 MOTION for Partial Summary Judgment on the First Element of the Government Contractor Immunity Defense by Defendants. Response to Motion due by 11/19/2021. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Appendix Index of Exhibits)No proposed order.(Dukes, David) Modified to correct party filer and docket text as requested per filing user on 11/8/2021 (sshe, ). Modified on 11/8/2021 to reference #1966 , #1967 , #1968 , #1969 , #1971 Additional Attachments filed 11/5/2021(sshe, ).
November 4, 2021 Filing 1963 NOTICE of Voluntary Dismissal by Betty Bradley Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-02286-RMG(Anderson, Gary)
November 4, 2021 Filing 1962 NOTICE of Appearance by Joshua P Ackerman on behalf of Corteva Inc, Dupont De Nemours Inc, E.I. DuPont de Nemours and Company Associated Cases: 2:18-mn-02873-RMG et al.(Ackerman, Joshua)
November 2, 2021 Filing 1961 STATUS REPORT - Defendant BASF Corporation's General Denial and Preliminary Statement of Affirmative Defenses by BASF Corporation, BASF Corporation, BASF Corp, BASF Corporation. Associated Cases: 2:18-mn-02873-RMG et al.(Holian, Matthew)
November 2, 2021 Filing 1960 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Daikin America. Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03284-RMG(Grossman, Theodore)
November 2, 2021 Filing 1959 NOTICE of Appearance by Theodore M Grossman on behalf of Daikin America Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03284-RMG(Grossman, Theodore)
November 2, 2021 Filing 1958 NOTICE of Appearance by Steven N Geise on behalf of Daikin America Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03284-RMG(Geise, Steven)
November 2, 2021 Filing 1957 NOTICE of Appearance by Rebekah E Blake on behalf of Daikin America Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03284-RMG(Blake, Rebekah)
November 2, 2021 Filing 1956 NOTICE of Appearance by Joseph J Zonies on behalf of Jackson Hole Airport Board Associated Cases: 2:18-mn-02873-RMG, 2:21-cv-03182-RMG(Zonies, Joseph)
November 1, 2021