City of Philadelphia v. Kidde-Fenwal Inc et al
| City Of Philadelphia |
| 3M Company, AGC Inc, Kidde-Fenwal Inc, Kidde PLC Inc, UTC Fire & Security Americas Corporation Inc, Carrier Global Corp., National Foam Inc, Buckeye Fire Equipment Company, Arkema Inc, BASF Corporation, ChemDesign Products Inc, Minnesota Mining and Manufacturing, Co., Clariant Corporation, AGC Chemicals Americas Inc, Dynax Corporation, Archroma U.S. Inc., Asahi Glass Co, John Doe Defendants 1-50, Chubb Fire LTD, Archroma Management LLC, E I Dupont de Nemours and Company, The Chemours Company, The Chemours Company FC LLC, Dupont De Nemours Inc, Corteva Inc, Chemguard Inc and Tyco Fire Products L.P. |
| 2:2023cv01614 |
| April 18, 2023 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Tort Product Liability |
| 28 U.S.C. § 1446 Notice of Removal |
| Plaintiff |
Docket Report
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| Filing 43 NOTICE of Appearance by Steven D Weber on behalf of Archroma Management LLC Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-01614-RMG(Weber, Steven) |
| Filing 42 STATUS REPORT General Denial and Statement of Affirmative Defenses by Archroma Management LLC. Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-01614-RMG(Weber, Steven) |
Filing 41
ORDER This Order Relates to Case No. 2:23-cv-1614-RMG. The motion to amend (Dkt. No. 3166 in case 2:18-mn-02873-RMG; (40) in case 2:23-cv-01614-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 6/2/2023.Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-01614-RMG(sshe, )
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| Filing 40 MOTION to Amend/Correct Complaint by City Of Philadelphia. Response to Motion due by 6/7/2023. 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 of Motion, #2 Exhibit A-Redline Version, #3 Exhibit B-Clean Version)No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-01614-RMG(Biehl, Stephanie) |
| Filing 38 Letter from Sean J McGrath Notice of Withdrawal of appearance in 2:23-cv-01614-RMG (transfer case from PAE) by City of Philadelphia. Associated Cases: 2:18-mn-02873-RMG, 2:23-cv-01614-RMG(sshe, ) |
| Filing 37 MDL MEMBER CASE OPENED: Pennsylvania Eastern (associated as of 4/18/2023), 2:22-cv-04779, City of Philadelphia v. Kidde-Fenwal Inc et al, as DSC case 2:23-cv-01614-RMG (sshe, ) |
| Filing 35 Case transferred in from District of Pennsylvania Eastern; Case Number 2:22-cv-04779. Original file certified copy of transfer order and docket sheet received. |
| Filing 34 Certified Copy of Order from UNITED STATES JUDICIAL PANEL ON MULTIDISTRICT LITIGATION. 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. (mbh) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| PAPER #31, #32 MAILED TO UNREPS (JL) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 33 AFFIDAVIT of Service by J. Hilton re: served Civil Cover Sheet, Complaint, Model Form upon D. Yeates on behalf of Chubb Fire, Ltd. by Personal Service on 2/1/2023 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
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Filing 32
ORDER THAT DEFENDANTS CHEMGUARD, INC. AND TYCO FIRE PRODUCTS LP'S MOTION TO STAY IS GRANTED. THIS CASE IS STAYED PENDING THE OUTCOME OF THE TRANSFER DECISION BY THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION. CITY OF PHILADELPHIA'S MOTION TO REMAND IS DISMISSED WITHOUT PREJUDICE TO REASSERTION SHOULD THE J.P.M.L. DECLINE TO TRANSFER THE CASE. THE CITY'S MOTION TO EXPEDIATE IS SIMILARLY DISMISSED; ETC.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 2/7/23. 2/7/23 ENTERED AND E-MAILED, NOT MAILED TO UNREPS.(JL) [Transferred from Pennsylvania Eastern on 4/20/2023.]
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| Filing 31 MEMORANDUM; ETC.. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 2/7/23. 2/7/23 ENTERED AND E-MAILED, NOT MAILED TO UNREPS.(JL) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
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Filing 30
ORDER THAT THE ORDER DATED 2/2/23, REASSIGNING THE ABOVE-CAPTIONED CASE FROM THE CALENDER OF THE HONORABLE JUAN R. SANCHEZ TO THE CALENDER OF THE HONORABLE MIA R. PEREZ IS VACATED. THE ABOVE CAPTIONED CASE IS RESTORED TO THE CALENDER OF THE HONORABLE JUAN R. SANCHEZ FOR ALL FURTHER PROCEEDINGS; ETC.. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 2/3/23. 2/3/23 ENTERED AND E-MAILED, MAILED TO UNREPS.(JL) [Transferred from Pennsylvania Eastern on 4/20/2023.]
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Filing 29
ORDER THAT THIS CASE IS REASSIGNED FROM CHIEF JUDGE JUAN R. SANCHEZ TO HONORABLE MIA ROBERTS PEREZ FOR ALL FURTHER PROCEEDINGS. SIGNED BY GEORGE V WYLESOL, CLERK OF COURT ON 2/2/23. 2/3/23 ENTERED AND E-MAILED, MAILED TO UNREPS.(JL) (VACATED PER #30) [Transferred from Pennsylvania Eastern on 4/20/2023.]
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| Filing 28 AFFIDAVIT of Service by D. Lawrence re: served Civil Cover Sheet and Complaint upon A. Brown on behalf of Buckeye Fire Equipment Company by Personal Service on 12/15/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 27 AFFIDAVIT of Service by D. Haney re: served Civil Cover Sheet and Complaint upon J. Long on behalf of ChemDesign Products, Inc. by Personal Service on 12/5/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 26 AFFIDAVIT of Service by C. Malone re: served Civil Cover Sheet and Complaint upon K. Atkins on behalf of Chemguard Inc. by Personal Service on 12/1/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 25 AFFIDAVIT of Service by K. Dunn re: served Civil Cover Sheet and Complaint upon C. Sweltz on behalf of Kidde PLC, Inc. by Personal Service on 11/30/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 24 AFFIDAVIT of Service by G. Morris re: served Civil Cover Sheet and Complaint upon C. Pineda on behalf of Dynax Corporation by Personal Service on 11/30/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 23 AFFIDAVIT of Service by D. Britt re: served Civil Cover Sheet and Complaint upon R. Hutt-Banks on behalf of DuPont de Nemours, Inc. by Personal Service on 11/30/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 22 AFFIDAVIT of Service by K. Dunn re: served Civil Cover Sheet and Complaint upon C. Sweltz on behalf of Carrier Global Corporation by Personal Service on 11/30/2022 (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 21 REPLY to Response to Motion re #16 MOTION to Stay Pending Final Transfer Decision by the JPML filed by CHEMGUARD INC., TYCO FIRE PRODUCTS LP. (Attachments: #1 Certificate of Service)(RARDIN, JONATHAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 20 RESPONSE in Opposition re #16 MOTION to Stay filed by CITY OF PHILADELPHIA. (Attachments: #1 Exhibit A: MDL Status Conference Transcript)(BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 19 REPLY to Response to Motion re #14 MOTION to Remand to State Court filed by CITY OF PHILADELPHIA. (BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 18 Memorandum in Opposition re #15 MOTION to Expedite filed by CHEMGUARD INC., TYCO FIRE PRODUCTS LP. (Attachments: #1 Text of Proposed Order, #2 Certificate of Service)(RARDIN, JONATHAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 17 Memorandum in Opposition re #14 MOTION to Remand to State Court filed by CHEMGUARD INC., TYCO FIRE PRODUCTS LP. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Certificate of Service)(RARDIN, JONATHAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 16 MOTION to Stay filed by CHEMGUARD INC., TYCO FIRE PRODUCTS LP.Memorandum,Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Exhibit 1, #4 Exhibit 2, #5 Certificate of Service)(RARDIN, JONATHAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 15 MOTION to Expedite filed by CITY OF PHILADELPHIA.Memorandum, Certificate of Service. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Expedite, #2 Proposed Order)(BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 14 MOTION to Remand to State Court filed by CITY OF PHILADELPHIA.Memorandum. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Remand, #2 Proposed Order)(BIEHL, STEPHANIE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
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Filing 13
ORDER THAT THE MOTION FOR PRO HAC VICE FOR STEPHANIE D. BIEHL IS GRANTED. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 12/27/2022.12/27/2022 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS. (sg) Modified on 12/28/2022 (sg). [Transferred from Pennsylvania Eastern on 4/20/2023.]
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Filing 12
ORDER THAT THE MOTION FOR PRO HAC VICE FOR PAUL MICHAEL STEPHAN IS GRANTED. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 12/27/2022.12/27/2022 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS. (sg) Modified on 12/28/2022 (sg). [Transferred from Pennsylvania Eastern on 4/20/2023.]
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| Filing 11 MOTION for Pro Hac Vice for Paul Michael Stephan ( Filing fee $ 40 receipt number APAEDC-16393596.) filed by CITY OF PHILADELPHIA.Certificate of Service.(MCGRATH, SEAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 10 MOTION for Pro Hac Vice for Stephanie D. Biehl ( Filing fee $ 40 receipt number APAEDC-16393587.) filed by CITY OF PHILADELPHIA.Certificate of Service.(MCGRATH, SEAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 9 NOTICE of Appearance by AIMEE D. THOMSON on behalf of CITY OF PHILADELPHIA (THOMSON, AIMEE) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 8 Copy of Order/Notice dated 12/8/22 (Document # 4) and envelope returned from the U.S. Postal Service addressed to DYNAX CORPORATION for the following reason: NON DELIVERABLE ADDRESS.. (bw) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 7 Copy of Order/Notice dated 12/8/22 (Document # 4) and envelope returned from the U.S. Postal Service addressed to E I DUPONT DE NEMOURS AND COMPANY, INC for the following reason: NO LONGER AT ADDRESS. (rf, ) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 6 MOTION for Pro Hac Vice for Paul Michael Stephan filed by CITY OF PHILADELPHIA.Certificate of Service.(MCGRATH, SEAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 5 MOTION for Pro Hac Vice for Stephanie D. Biehl filed by CITY OF PHILADELPHIA.Certificate of Service.(MCGRATH, SEAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| DOC. NO. 4 MAILED TO UNREPS (ems) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
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Filing 4
STIPULATION AND ORDER, the deadline for Defendants to move,answer, or otherwise respond to the Summons and Complaint shall be in accordance with theestablished rules and procedures in the AFFF MDL. Should the Judicial Panel on Multidistrict Litigation decline to transfer this action to the AFFF MDL, Defendants shall have through andincluding the 28th day after such disposition by the Judicial Panel on Multidistrict Litigation toanswer, move, or otherwise respond to the Complaint. SIGNED BY CHIEF JUDGE JUAN R. SANCHEZ ON 12/8/2022. 12/9/2022 ENTERED AND COPIES E-MAILED. NOT MAILED TO UNREPS.(sg) [Transferred from Pennsylvania Eastern on 4/20/2023.]
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Filing 3
STIPULATION AND ORDER EXTENDIND TIME TO ANSWER by CHEMGUARD INC., TYCO FIRE PRODUCTS LP. (Attachments: #1 Certificate of Service)(RARDIN, JONATHAN) [Transferred from Pennsylvania Eastern on 4/20/2023.]
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| Filing 2 Original Record together with certified copy of docket entries received from Court of Common Pleas of Philadelphia County. (amas) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
| Filing 1 NOTICE OF REMOVAL by TYCO FIRE PRODUCTS LP, CHEMGUARD INC. (Filing fee $ 402 receipt number APAEDC-16345302), filed by TYCO FIRE PRODUCTS LP, CHEMGUARD INC.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Certificate of Service, #4 Civil Cover Sheet, #5 Designation Form)(RARDIN, JONATHAN) [Transferred from Pennsylvania Eastern on 4/20/2023.] |
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