Saracco et al v. State of Alaska et al
| James F. Saracco and Lisa L. Etherington |
| State of Alaska and City of Gustavus |
| 3M Company, E.I. DuPont de Nemours and Company, The Chemours Company, The Chemours Company FC, LLC, Dupont De Nemours Inc, Corteva Inc, Tyco Fire Products LP, Chemguard Inc, Johnson Controls International plc, Central Sprinkler LLC, Fire Products GP Holding LLC, Kidde-Fenwal Inc, Kidde PLC Inc, Chubb Fire LTD, UTC Fire & Security Americas Corporation Inc, Raytheon Technologies Corporation, Carrier Global Corporation, National Foam Inc, Angus International Safety Group LTD, Buckeye Fire Equipment Company, Arkema Inc, BASF Corporation, ChemDesign Products Inc, Dynax Corporation, Clariant Corporation, Chemicals Incorporated, Nation Ford Chemical Company, AGC Inc, AGC Chemicals Americas Inc, Deepwater Chemicals Inc, Archroma Management LLC and Archroma U.S. Inc. |
| 2:2021cv03940 |
| December 6, 2021 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Prop. Damage Prod. Liability |
| 28 U.S.C. § 1345 |
| Defendant |
Docket Report
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| Filing 53 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) |
| Filing 52 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) |
| Filing 51 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) |
| Filing 50 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) |
| Filing 49 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) |
| Filing 48 Summons Issued on a Third-Party Complaint as to 3M Company, AGC Chemicals Americas Inc, AGC Inc, Angus International Safety Group LTD, Archroma Management LLC, Archroma U.S. Inc., Arkema Inc, BASF Corporation, Buckeye Fire Equipment Company, Carrier Global Corporation, Central Sprinkler LLC, ChemDesign Products Inc, Chemguard Inc, Chemicals Incorporated, Chubb Fire LTD, Clariant Corporation, Corteva Inc, Deepwater Chemicals Inc, Dupont De Nemours Inc, Dynax Corporation, E.I. DuPont de Nemours and Company, Fire Products GP Holding LLC, Johnson Controls International plc, Kidde PLC Inc, Kidde-Fenwal Inc, Nation Ford Chemical Company, National Foam Inc, Raytheon Technologies Corporation, The Chemours Company, The Chemours Company FC, LLC, Tyco Fire Products LP, UTC Fire & Security Americas Corporation Inc. (sshe, ) |
| Filing 47 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) |
| Filing 46 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) |
| Filing 45 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) |
| Filing 44 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) |
| Filing 43 MDL MEMBER CASE OPENED: Alaska, 1:21-cv-00015, Saracco et al v. State of Alaska et al, as DSC case 2:21-cv-3940-RMG. NOTICE TO COUNSEL: MDL No. 2:18-mn-2873-RMG (LEAD case) is open 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 new Case Management Orders and other new documents posted in the lead case. CMO Nos. 1 - 21, (including 2.A, 3.A, 3.B, 3.C, 3.D, 3.E, 3.F, 4, 4.A, 5.A, 5.B, 5.C, 5.D, 5.E, 6.A, 6.B, 6.C, 6.D, 6.E, 10.A, 11.A, 11.B, 13.A, 15.A, 16.A, 16.B, 16.C, 18.A, 19.A) govern all cases in the MDL proceedings and can be viewed on the Court's MDL website. Please also read NOTICE(s) TO ALL COUNSEL ASSOCIATED WITH MDL 2873 filed in the Lead case. NOTICE of Hearing: Next Status Conference will be a Telephone Conference set for 12/17/2021 10:00 AM, before Honorable Richard M Gergel (call-in instructions will be circulated the week of prior to each telephonic status conference). See the District Court's website containing information on the MDL at # MDL-2873 (sshe, ) |
| Filing 41 Case transferred in from District of Alaska; Case Number 1:21-cv-00015. Original file certified copy of transfer order and docket sheet received. |
| Filing 40 TRANSFER ORDER: Transferring 2 action(s) - MDL No. 2873, AK/1:21-cv-00015, AK/4:21-cv-00019. These actions 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. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Case transferred to District of South Carolina. Original file, certified copy of transfer order, and docket sheet sent. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
Filing 39
ORDER granting #15 Motion to Stay. All proceedings in this matter are stayed until the JPML rules on Plaintiffs' and the City's motions to vacate the CTO and renders a final transfer decision. Signed by Judge Sharon L. Gleason on 11/24/21. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.]
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| Filing 38 Notice to Counsel re #37 Reply to Response to Motion filed by James F. Saracco, Lisa L. Etherington. A review of the document submitted at dkt 37 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 5.4 and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 37. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 37 REPLY to Response to Motion re #16 MOTION to Remand by Plaintiffs filed by Lisa L. Etherington, James F. Saracco. (Attachments: #1 Exhibit Exhbit A Shannon Wilson Memo Dated 1.21.21, #2 Exhibit ADEC Site Report)(Hannon, Kevin) [Transferred from Alaska on 12/7/2021.] |
| Filing 36 REPLY to Response to Motion re #19 MOTION to Remand to State Court and Brief in Support filed by City of Gustavus. (Blasco, Robert) [Transferred from Alaska on 12/7/2021.] |
| Filing 35 Notice to Counsel re #34 Response in Opposition to Motion filed by Tyco Fire Products LP, Chemguard, Inc. A review of the document submitted at dkt 34 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 5.4 and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 34. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 34 RESPONSE in Opposition re #16 MOTION to Remand , #19 MOTION to Remand to State Court and Brief in Support filed by Chemguard, Inc., Tyco Fire Products LP. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16)(Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 33 RESPONSE in Opposition re #16 MOTION to Remand , #19 MOTION to Remand to State Court and Brief in Support filed by State of Alaska. (Attachments: #1 Proposed Order)(Sperbeck, Aaron) [Transferred from Alaska on 12/7/2021.] |
| Filing 32 REPLY to Response to Motion re #15 MOTION to Stay filed by Chemguard, Inc., Tyco Fire Products LP. (Attachments: #1 Exhibit Exhibit 5, #2 Exhibit Exhibit 6)(Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 31 AMENDED DOCUMENT by Chemguard, Inc., Tyco Fire Products LP. Amendment to #30 Notice of Service List . (Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 30 NOTICE OF FILING STATE COURT SERVICE LIST by Chemguard, Inc., Tyco Fire Products LP (Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 29 NOTICE OF LODGING STATE COURT DOCUMENT(S) by Chemguard, Inc., Tyco Fire Products LP (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)(Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 28 NOTICE OF HEARING SESSION before US Judicial Panel on Multidistrict Litigation re: pldg. ( #1 in MDL No. 3017) - SECTION A (DESIGNATED FOR ORAL ARGUMENT) PANEL HEARING set for 12/2/2021 in Washington, DC. Notices of Presentation or Waiver of Oral Argument due on or before 11/8/2021. Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 10/18/2021. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 27 RESPONSE in Opposition re #15 MOTION to Stay this Action Pending Final Transfer by the Judicial Panel on Multi-District Litigation filed by City of Gustavus. (Attachments: #1 Exhibit A, #2 Proposed Order)(Blasco, Robert) [Transferred from Alaska on 12/7/2021.] |
| Filing 26 RESPONSE in Opposition re #15 MOTION to Stay by Third Party Defendants filed by Lisa L. Etherington, James F. Saracco. (Attachments: #1 Exhibit Plaintiffs Initial Disclosure Statement)(Hannon, Kevin) [Transferred from Alaska on 12/7/2021.] |
| Filing 25 SLG TEXT ORDER: Defendant and Third-Party Plaintiff State of Alaskas Unopposed Motion for Extension of Time at Docket #22 is GRANTED. The deadline to file their opposition to Plaintiffs Motion to Remand ([Dkt. 16]) is extended to November 12, 2021. (CFR, CHAMBERS STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 24 SLG TEXT ORDER: Third-Party Defendants Tyco Fire Products LP and Chemguard, Inc.s Unopposed Motion for Extension of Time at Docket #21 is GRANTED. The deadline to file their opposition to Plaintiffs Motion to Remand ([Dkt. 16]) is extended to November 12, 2021. (CFR, CHAMBERS STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 23 ERRATA TO UNOPPOSED MOTION AT DOCKET 22 by State of Alaska. (Attachments: #1 Errata to Docket 22)(Sperbeck, Aaron) Modified on 10/28/2021 to link to dkt 22. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 22 MOTION for Extension of Time to File Response/Reply by State of Alaska. (Attachments: #1 Proposed Order)(Sperbeck, Aaron) [Transferred from Alaska on 12/7/2021.] |
| Filing 21 MOTION for Extension of Time to File Response/Reply as to #16 MOTION to Remand Unopposed by Chemguard, Inc., Tyco Fire Products LP. (Attachments: #1 Proposed Order)(Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 20 Notice to Counsel re #16 MOTION to Remand filed by James F. Saracco, Lisa L. Etherington, #15 MOTION to Stay filed by Tyco Fire Products LP, Chemguard, Inc., and #19 MOTION to Remand to State Court and Brief in Support filed by City of Gustavus. A review of the documents submitted at dkts 15, 16, 19 confirms they are over 25 pages in length. If a CHAMBERS copy of the documents have not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 5.4 and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of the filings at dkts 15, 16, 19. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 19 MOTION to Remand to State Court and Brief in Support by City of Gustavus. (Attachments: #1 Table of Contents and Table of Authority, #2 Proposed Order)(Blasco, Robert) [Transferred from Alaska on 12/7/2021.] |
| Filing 18 JOINDER TO MOTION by City of Gustavus #14 MOTION for Leave to File Excess Pages Unopposed filed by James F. Saracco, Lisa L. Etherington. (Attachments: #1 Proposed Order)(Blasco, Robert) [Transferred from Alaska on 12/7/2021.] |
| Filing 17 SLG TEXT ORDER: Plaintiffs Unopposed Motion to Exceed the Page Limit in Plaintiffs Motion to Remand at Docket #14 is GRANTED. Plaintiffs Motion to Remand at Docket #16 is accepted for filing. (CFR, CHAMBERS STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 16 MOTION to Remand by Lisa L. Etherington, James F. Saracco. (Attachments: #1 Exhibit A, Plaintiffs' Complaint, #2 Exhibit B, Third-Party Complaint, #3 Exhibit C, FAA Advisory Circular, #4 Exhibit D, DOT FAA Literature Review, #5 Exhibit E, FAA CertAlert, #6 Exhibit F, Military Specification)(Hannon, Kevin) [Transferred from Alaska on 12/7/2021.] |
| Filing 15 MOTION to Stay by Chemguard, Inc., Tyco Fire Products LP. (Attachments: #1 Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)(Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 14 MOTION for Leave to File Excess Pages Unopposed by Lisa L. Etherington, James F. Saracco. (Attachments: #1 Proposed Order)(Hannon, Kevin) [Transferred from Alaska on 12/7/2021.] |
| Filing 13 SLG TEXT ORDER: Plaintiffs and Defendant City of Gustavus Joint Motion for Extension of Time to File Motion to Remand at Docket #12 is GRANTED. Plaintiffs and Defendant City of Gustavus motion to remand shall be filed no later than October 18, 2021. (CFR, CHAMBERS STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 12 Joint MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, by James F. Saracco. (Attachments: #1 Proposed Order)(Bataille, Christian) [Transferred from Alaska on 12/7/2021.] |
| Filing 11 NOTICE to Court of Representation and of Filing Notice of Opposition to CTO-64 by City of Gustavus (Attachments: #1 Notice of Opposition to CTO-64)(Blasco, Robert) [Transferred from Alaska on 12/7/2021.] |
| Filing 10 CLERK'S NOTICE re #7 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Kevin Scott Hannon, at docket #7 , is authorized under D.Ak. LR 83.1(d). (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 9 ADDITIONAL RELATED DOCUMENT Certificate of Good Standing by James F. Saracco re #8 Receipt. (Hannon, Kevin) Modified on 8/30/2021 to link to dkt 7. (JLH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 8 Receipt FBK002020 of 250.00 non-resident attorney payment for Kevin Hannon as to Plaintiff J. Saracco and L. Etherington. re #7 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Kevin Hannon (LMH, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 7 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Kevin Hannon by James F. Saracco.(Hannon, Kevin) [Transferred from Alaska on 12/7/2021.] |
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Filing 6
ORDER to Petitioner Subsequent to Removal: Service list due within 10 days. State Court documents due within 20 days. (LMH, COURT STAFF) [Transferred from Alaska on 12/7/2021.]
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| Filing 5 NOTICE of Appearance by Aaron David Sperbeck on behalf of State of Alaska (Sperbeck, Aaron) [Transferred from Alaska on 12/7/2021.] |
| Filing 4 Corporate Disclosure Statement by Chemguard, Inc., Tyco Fire Products LP. (Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 3 JWS TEXT ORDER OF RECUSAL. The assigned judge hereby recuses from presiding in this case. The case has been re-assigned by random draw to Hon. Sharon L. Gleason. Henceforth, the case number will be 1:21-cv-00015-SLG. (RMC, COURT STAFF) [Transferred from Alaska on 12/7/2021.] |
| Filing 2 Civil Cover Sheet. (Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
| Filing 1 NOTICE OF REMOVAL by Tyco Fire Products LP, Chemguard, Inc. from Superior Court for the State of Alaska First Judicial District at Juneau, case number 1JU-20-00758 CI. ( Filing fee $ 402 receipt number 097--3118863), filed by Tyco Fire Products LP, Chemguard, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baylous, Michael) [Transferred from Alaska on 12/7/2021.] |
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