Town of East Hampton v. 3M Company et al
| Town of East Hampton |
| Bridgehampton Volunteer Fire District, Other John Doe Entities "1" Through "100", John Doe 1-100, Wainscott Industrial LLC, Angus International Safety Group, Ltd., National Foam Inc, Hedges Row LLC, United Technologies Corporation, 3M Company, Bridgehampton Fire District, Buckeye Fire Equipment Company, Dowdupont Inc., Kidde Fire Fighting, Inc., Tyco Fire Products LP, EI Du Pont de Nemours and Company, Bridgehampton Volunteer Fire Department, Wainscott Hamlet Center LLC, Kidde PLC, Inc., The Chemours Company, John Doe Corporations "1" Through "100", Wainscott Commercial Center LLC, Jane Doe "1" Through "100", Incorporated Village of East Hampton, Chemguard Inc and Angus Fire Armour Corporation |
| 2:2019cv01639 |
| June 6, 2019 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Tort Product Liability |
| 28 U.S.C. § 1442 |
| Both |
Docket Report
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| Filing 33 NOTICE of Appearance by Nicholas Rigano on behalf of Town of East Hampton Associated Cases: 2:18-mn-02873-RMG, 2:18-cv-03340-RMG, 2:19-cv-01639-RMG(Rigano, Nicholas) |
| Filing 32 MDL MEMBER CASE OPENED: New York Eastern, 2:19-cv-00642, Town of East Hampton v. 3M Company et al, as DSC case 2:19-cv-1639-RMG. NOTICE TO ALL COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) has been opened as the master docket assigned to Judge Richard M. Gergel, District of South Carolina. This civil action is now associated as a member case. Counsel will be notified by Liaison Counsel re Case Management Orders and other documents posted in the lead case. CMO Nos. 1 - 4 govern all cases in the MDL proceedings and can be viewed on the Court's MDL website. NOTICE of Hearing: Next Status Conference set for 6/21/2019 9:00 AM in Charleston Courtroom #1, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Richard M Gergel. See the District Court's website containing information on the MDL at # MDL-2873 (sshe, ) |
| Filing 31 Case transferred in from District of New York Eastern; Case Number 2:19-cv-00642. Original file certified copy of transfer order and docket sheet received. |
| Filing 30 CERTIFIED JPMDL Conditional Transfer Order: IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION MDL No. 2873. IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the District of South Carolina and, with the consent of that court, assigned to the Honorable Richard M. Gergel for coordinated or consolidated pretrial proceedings. (Ortiz, Grisel) [Transferred from New York Eastern on 6/7/2019.] |
| Case electronically transferred to District of South Carolina. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Ortiz, Grisel) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 29 JPMDL Conditional Transfer Order IN RE: AQUEOUS FILM-FORMING FOAMS PRODUCTS LIABILITY LITIGATION MDL No. 2873. IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the District of South Carolina and, with the consent of that court, assigned to the Honorable Richard M. Gergel for coordinated or consolidated pretrial proceedings. This Order does not become effective until it is filed int he Office of the Clerk of the United States district Court for the District of South Carolina. (Ortiz, Grisel) [Transferred from New York Eastern on 6/7/2019.] |
ORDER re [9, 21] : The application is being held in abeyance pending a decision by the JPML related to transfer of this matter to the pending AFFF MDL. Ordered by Judge Denis R. Hurley on 5/7/2019. (Gapinski, Michele) [Transferred from New York Eastern on 6/7/2019.]
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Filing 28
ORDER granting #27 Motion for Extension of Time to Answer, Move, or Otherwise Respond to the Towns Summons and Complaint and/or to the Village's Cross-claims. Time extended to and including the 30th day after a decision is made by the JPML related to transfer of this matter to the pending AFFF MDL. Ordered by Magistrate Judge A. Kathleen Tomlinson on 5/6/2019. (Ryan, Mary) [Transferred from New York Eastern on 6/7/2019.]
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| Filing 27 Joint MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to the Towns Summons and Complaint and/or to the Village's Cross-claims by Chemguard, Inc., Tyco Fire Products L.P.. (Fleming, Douglas) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 26 NOTICE of Hearing Session before the United Sates Judicial Panel on Multidistrict Litigation. Date of hearing session: May 30, 2019. Location of hearing session: Hale Boggs Federal Building, United States Courthouse, Ceremonial Courtroom C-501, 5th Floor, 500 Poydras Street, New Orleans, Louisiana 70130. (Florio, Lisa) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 25 SUMMONS Returned Executed by Town of East Hampton. Angus International Safety Group, Ltd. served on 1/21/2019. (Rigano, Nicholas) [Transferred from New York Eastern on 6/7/2019.] |
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Filing 24
ORDER granting #23 Motion for Extension of Time to Answer, Move or Otherwise Respond to Summons & Complaint. Bridgehampton Volunteer Fire District answer due 5/9/2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 3/8/2019. (Ryan, Mary) [Transferred from New York Eastern on 6/7/2019.]
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| Filing 23 MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Summons & Complaint by Bridgehampton Volunteer Fire District. (Corriston, Timothy) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 22 NOTICE of Appearance by Timothy E. Corriston on behalf of Bridgehampton Volunteer Fire District (aty to be noticed) (Corriston, Timothy) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 21 Letter in Response to Defendant Village of East Hampton's Pre-Motion Letter (Dkt. No. 9) by Chemguard, Inc., Tyco Fire Products L.P. (Fleming, Douglas) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 18 Letter in Opposition to Village of East Hampton's Request to File a Dispositive Motion Pursuant to Rule 12(c) of the Federal Rules of Civil Procedure by Town of East Hampton (Rigano, Nicholas) [Transferred from New York Eastern on 6/7/2019.] |
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Filing 20
ORDER granting #14 Motion for Extension of Time to Answer Move or Otherwise Respond to Summons and Complaint. Buckeye Fire Equipment Company answer due 5/7/2019; National Foam Inc. answer due 5/7/2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/26/2019. (Ryan, Mary) [Transferred from New York Eastern on 6/7/2019.]
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Filing 19
ORDER granting #17 Motion for Extension of Time to Answer to cross-claims. E.I. Du Pont De Nemours and Company answer due 5/9/2019; The Chemours Company answer due 5/9/2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/26/2019. (Ryan, Mary) [Transferred from New York Eastern on 6/7/2019.]
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| Filing 17 MOTION for Extension of Time to File Answer to cross-claims by E.I. Du Pont De Nemours and Company, The Chemours Company. (Vita, William) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 16 NOTICE of Appearance by Ellen N. Corbo on behalf of Buckeye Fire Equipment Company (notification declined or already on case) (Corbo, Ellen) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 14 MOTION for Extension of Time to File Answer , Move or Otherwise Respond to Summons and Complaint by Buckeye Fire Equipment Company. (Corbo, Ellen) [Transferred from New York Eastern on 6/7/2019.] |
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ORDER granting DE #12 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/22/2019. (Degennaro, Christopher) [Transferred from New York Eastern on 6/7/2019.]
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ORDER re #6 : The application is deferred until the issue of transfer has been resolved. See, e.g., Aguilar v. Merck & Co. 2005 WL 8159736, at *2 (E.D.N.Y. 2005); Ivy v. Diamond Shamrock Chem. Co., 901 F.2d 7, 9 (2d Cir. 1990). Ordered by Judge Denis R. Hurley on 2/22/2019. (Gapinski, Michele) [Transferred from New York Eastern on 6/7/2019.]
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ORDER deferring ruling on DE #12 Motion for Leave to Appear Pro Hac Vice. The Court is in receipt of the motion for leave to appear pro hac vice filed by Attorney Corbo. Before the Court can rule on this motion, the Court requires that the original certificate(s) of good standing be forwarded to Chambers for review. Counsel is therefore directed to mail the original certificate(s) to the attention of the Hon. A. Kathleen Tomlinson, 100 Federal Plaza, Central Islip, NY 11722. Once the Court has received the original certificate(s), it will rule on counsel's motion. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/22/2019. (Degennaro, Christopher) [Transferred from New York Eastern on 6/7/2019.]
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Filing 15
ORDER granting #10 Motion for Extension of Time to May 9, 2019 to File Response/Reply to Village of East Hampton's Cross-Claims by the "Moving Defendants". Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/21/2019. (Ryan, Mary) [Transferred from New York Eastern on 6/7/2019.]
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Filing 13
ORDER granting #5 Motion for Extension of Time to Answer re #1 Notice of Removal. E.I. Du Pont De Nemours and Company answer due 5/7/2019; The Chemours Company answer due 5/7/2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/21/2019. (Ryan, Mary) [Transferred from New York Eastern on 6/7/2019.]
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| Filing 12 Notice of MOTION to Appear Pro Hac Vice of Ellen Nunno Corbo, Esq. Filing fee $ 150, receipt number ANYEDC-11220904. by Buckeye Fire Equipment Company. (Attachments: #1 Affidavit of Ellen Nunno Corbo, Esq., #2 Good Standing Certificates of Ellen Nunno Corbo, Esq., #3 Proposed Order Granting Admission Pro Hac Vice) (Corbo, Ellen) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 11 Letter in Response to Town of East Hampton's Pre-Motion Letter Requesting Leave to File a Motion to Remand by Chemguard, Inc., Tyco Fire Products L.P. (Fleming, Douglas) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 10 Letter MOTION for Extension of Time to File Response/Reply to Village of East Hampton's Cross-Claims by Chemguard, Inc., Tyco Fire Products L.P.. (Fleming, Douglas) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 9 Letter by Incorporated Village of East Hampton (Turkel, Lauren) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 8 NOTICE of Appearance by Michael S. Gollub on behalf of Incorporated Village of East Hampton (aty to be noticed) (Gollub, Michael) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 7 NOTICE of Appearance by Lauren Rachel Turkel on behalf of Incorporated Village of East Hampton (aty to be noticed) (Turkel, Lauren) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 6 Letter Requesting a Pre-Motion Conference and Expedited Briefing Schedule Regarding Town's Anticipated Motion to Remand This Action to New York State Supreme Court County of Suffolk by Town of East Hampton (Rigano, Nicholas) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 5 MOTION for Extension of Time to File Answer re #1 Notice of Removal, by E.I. Du Pont De Nemours and Company, The Chemours Company. (Vita, William) [Transferred from New York Eastern on 6/7/2019.] |
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ORDER granting DE #4 Motion for Extension of Time to Answer: Defendants Chemguard, Inc., Tyco Fire County LP, and 3M Company must answer by 5/9/2019. Ordered by Magistrate Judge A. Kathleen Tomlinson on 2/6/2019. (Degennaro, Christopher) [Transferred from New York Eastern on 6/7/2019.]
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| Filing 4 Letter MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint by Chemguard, Inc., Tyco Fire Products L.P.. (Fleming, Douglas) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from New York Eastern on 6/7/2019.] |
| Case Assigned to Judge Denis R. Hurley and Magistrate Judge A. Kathleen Tomlinson. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from New York Eastern on 6/7/2019.] |
| Filing 1 NOTICE OF REMOVAL by Chemguard, Inc., Tyco Fire Products L.P. from Supreme Court for the State of New York, County of Suffolk, case number 625415/2018. (Filing fee $400 receipt number ANYEDC-11160380) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Exhibit A- Summons and Complaint, #2 Civil Cover Sheet) (Fleming, Douglas) Modified on 2/4/2019 (Rodin, Deanna). [Transferred from New York Eastern on 6/7/2019.] |
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