Allsman v. 3M Company et al
| Edward Allsman |
| 3M Company, Shell USA, Inc., Phillips 66 Company, Aton, LLC, Safety Kleen Systems Inc, Minnesota Mining and Manufacturing Company, Tyco Fire Products L.P., Chemguard, E I Du Pont De Nemours & Co, National Foam Inc, HWRT Oil Company, Williams Fire & Hazard Control Inc, Johnson Controls Inc, Angus International Safety Group LTD, Angus Fire Armour Corporation, Carrier Global Corporation, United Technologies Corporation, Kidde PLC Inc, Kidde Fenwal Fire Fighting, Inc. and Olin Corporation |
| 2:2024cv00211 |
| January 12, 2024 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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| Document Text |
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| Filing 57 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses of Defendant Safety-Kleen Systems, Inc. by Safety Kleen Systems Inc. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG, 2:24-cv-00699-RMG, 2:24-cv-00728-RMG(Smalley, Laura) |
| Filing 56 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses of Defendant Phillips 66 Company by Phillips 66 Company. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG, 2:24-cv-00699-RMG, 2:24-cv-00728-RMG(Bauer, Beth) |
| Filing 55 Corporate Disclosure Statement by HWRT Oil Company identifying Corporate Parent Piasa Enterprises, Inc. for HWRT Oil Company.(Champlin, Matthew) Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMGQUALITY CONTROL MESSAGE Counsel: Please note correct filing procedures for future filings. Refiled correctly, as of original filing date, in management case and spread to applicable member case(s) as listed on document, per Judge's filing instructions/preferences per CMO No. 1. (sshe, ) |
| Filing 54 NOTICE of Appearance by Daniel R Strecker on behalf of Safety Kleen Systems Inc Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMGQUALITY CONTROL MESSAGE Counsel: Please note correct filing procedures for future filings. Refiled correctly, as of original filing date, in management case and spread to applicable member case as listed on document, per Judge's filing instructions/preferences per CMO No. 1. (sshe, ) |
| Filing 53 Corporate Disclosure Statement by Safety Kleen Systems Inc identifying Corporate Parent Clean Harbors, Inc. for Safety Kleen Systems Inc.. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Smalley, Laura) |
| Filing 52 NOTICE of Appearance by Laura Smalley on behalf of Safety Kleen Systems Inc Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Smalley, Laura) |
| Filing 51 Corporate Disclosure Statement by Phillips 66 Company identifying Corporate Parent Phillips 66, Other Affiliate The Vanguard Group for Phillips 66 Company.. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Bauer, Beth) |
| Filing 50 NOTICE of Appearance by Beth A Bauer on behalf of Phillips 66 Company Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Bauer, Beth) |
| Filing 49 TEXT ORDER This Order Relates to Case No. 2:24-cv-00211-RMG. The Court strikes (Dkt. No. 4365 in case 2:18-mn-02873-RMG; (47) in case 2:24-cv-00211-RMG) for failure to comply with all applicable CMOs, including conferral with Co-Lead Counsel. See, e.g., CMO 2.A. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/22/2024.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(sshe, ) |
| Filing 48 STATUS REPORT General Denial and Preliminary Statement of Affirmative Defenses by Shell USA, Inc.. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Brice, Susan) |
| Filing 47 MOTION to Dismiss Plaintiff's Amended Complaint and Memorandum in Support by HWRT Oil Company. Response to Motion due by 2/5/2024. 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, 2:24-cv-00211-RMG(Champlin, Matthew) |
| Filing 46 NOTICE of Appearance by Matthew B Champlin on behalf of HWRT Oil Company Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Champlin, Matthew) |
| Filing 44 NOTICE of Appearance by Susan Brice on behalf of Shell USA, Inc. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00211-RMG(Brice, Susan) |
| Filing 42 NOTICE TO NEW 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. All counsel of record are directed to take the steps necessary to be registered as electronic filers in the District of South Carolina (See CMO No. 3 pg. 17 Electronic Filing at 22. footnote 5 (ECF Multidistrict Litigation Attorney Registration Form - available at link at the end of this NOTICE). CMO Nos. 1 - 27, (including any supplemental CMO Nos. i.e., 2.A, etc.) govern all cases in the MDL proceedings and can be viewed in the Lead case. Counsel will be notified by Liaison Counsel re new Case Management Orders and other new documents posted in the lead case. Please also read CLERKS NOTICE(s) TO ALL COUNSEL ASSOCIATED WITH MDL 2873 and QUALITY CONTROL MESSAGE(s) filed in the Lead case. NOTICE of Hearing: Next Monthly Status Conference TBD. See the District Court's website containing information on the MDL at # MDL-2873 (sshe, ) |
| Filing 41 MDL MEMBER CASE OPENED: Southern Illinois (associated as of 1/12/2024), 3:23-cv-03920, Allsman v. Shell USA, Inc. et al, as DSC case 2:24-cv-00211-RMG (sshe, ) |
| Filing 39 Case transferred in from District of Illinois Southern; Case Number 3:23-cv-03920. Original file certified copy of transfer order and docket sheet received. |
| Filing 38 CONDITIONAL TRANSFER ORDER (CTO 169) in regards to MDL 2873, IN RE: AQUEOUS FILMFORMING FOAMS PRODUCTS LIABILITY LITIGATION as assigned by Judicial Panel on Multidistrict Litigation Panel and approved by Tiffaney D. Pete on 1/12/2024.(jlrr) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 37 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Champlin, Matthew) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 36 NOTICE by 3M Company re #1 Notice of Removal (Notice of Filing of Consents to Removal) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rottenberg, Daniel) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 35 MOTION to Remand by Edward Allsman. (Edelson, Joshua) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 34 AMENDED COMPLAINT Pursuant to Rule 15(a)(1)(B) against All Defendants, filed by Edward Allsman.(Edelson, Joshua) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 33 NOTICE of Appearance by Ted N. Gianaris on behalf of All Plaintiffs (Gianaris, Ted) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 32 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Gianaris, Ted) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 31 NOTICE: Edward Allsman was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order Nos. 347 and 367, Edward Allsman shall return the form within 7 days or face possible sanctions. Consent due by 1/11/2024. In addition, if Attorneys Edelson and Gianaris would like to remain on this case, they need to file an appearance.(jle) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 30 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Rottenberg, Daniel) [Transferred from Illinois Southern on 1/16/2024.] |
Filing 29
ORDER granting #17 Motion for Extension of Time. The Court GRANTS the extension of time and allows Defendant 3M to respond to the complaint 28 days after the MDL issues its order regarding the transfer. Signed by Magistrate Judge Gilbert C. Sison on 1/3/2024. (kbh) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/16/2024.]
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| Filing 28 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Bryant, J.) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 27 CONSENT to Removal bySafety Kleen Systems, Inc.. (Bryant, J.) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 26 NOTICE of Appearance by J. Phillip Bryant on behalf of Safety Kleen Systems, Inc. (Bryant, J.) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 25 NOTICE FROM CLERK Instructing HWRT Oil Company and Phillips 66 Company to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 347 and 367, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to HWRT Oil Company and Phillips 66 Company on 01/03/2024. Consent due by 1/24/2024. (jle) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 24 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Phillips 66 Company. (Bauer, Beth) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 23 MEMORANDUM in Support re #22 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by Phillips 66 Company. (Bauer, Beth) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 22 MOTION to Dismiss for Failure to State a Claim Pursuant to Federal Rule of Civil Procedure 12(b)(6) by Phillips 66 Company. (Bauer, Beth) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 21 NOTICE of Appearance by Beth A. Bauer on behalf of Phillips 66 Company (Bauer, Beth) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 20 Federal Rule of Civil Procedure 7.1 Disclosure Statement by HWRT Oil Company. (Champlin, Matthew) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 19 MOTION to Dismiss for Failure to State a Claim and Memorandum in Support by HWRT Oil Company. (Champlin, Matthew) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 18 NOTICE of Appearance by Matthew B. Champlin on behalf of HWRT Oil Company (Champlin, Matthew) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 17 MOTION for Extension of Time to File Responsive Pleading (Agreed) by 3M Company. (Rottenberg, Daniel) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 16 MOTION to Dismiss for Failure to State a Claim by Shell USA, Inc.. (Kinney, Gregg) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 15 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Shell USA, Inc.. (Kinney, Gregg) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 14 NOTICE of Appearance by Gregg A. Kinney on behalf of Shell USA, Inc. (Kinney, Gregg) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 13 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Federal Rule of Civil Procedure 7.1 Disclosure Statement filed by Shell USA, Inc.. Login information used and signature on document do not match. Document shall be re-filed using the appropriate credentials. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 10 Notice Striking Electronically Filed Documents,. Clerk Error- Wrong Document Stricken. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 11 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #5 Notice of Appearance filed by Shell USA, Inc.. There cannot be two Attorney signatures on 1 entry of appearance. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 10 STRICKEN- NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Motion to Dismiss for Failure to State a Claim filed by Shell USA, Inc. Login information used and signature on document do not match. Document shall be re-filed using the appropriate credentials. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 12/26/2023 (jle). [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 9 NOTICE REGARDING FILING re #7 MOTION to Dismiss for Failure to State a Claim by Shell USA, Inc . When pleadings contain multiple attorney signatures, the non-filing attorney must include the language with consent with his/her signature. See Section 2.1 of the CM/ECF Users Manual. This notice is for informational purposes and therefore no action is required. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 12/26/2023 (jle). [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kinney, Gregg) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 7 MOTION to Dismiss for Failure to State a Claim by Shell USA, Inc. (Kinney, Gregg) Modified on 12/26/2023 (jle). [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 6 STRICKEN- Federal Rule of Civil Procedure 7.1 Disclosure Statement by Shell USA, Inc.. (Kinney, Gregg) Modified on 12/26/2023 (jle). [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 5 STRICKEN- NOTICE of Appearance by Gregg A. Kinney on behalf of Shell USA, Inc. (Kinney, Gregg) Modified on 12/26/2023 (jle). [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 4 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Orders 347 and 367. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 347 and 367, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-cv-3920-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 1/3/2024. (jle) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 3 Federal Rule of Civil Procedure 7.1 Disclosure Statement by 3M Company. (Rottenberg, Daniel) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 2 NOTICE of Appearance by Daniel Isaac Rottenberg on behalf of 3M Company (Rottenberg, Daniel) [Transferred from Illinois Southern on 1/16/2024.] |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Madison County, case number 2023LA001639 ( Filing fee $ 405 receipt number AILSDC-5258436), filed by 3M Company. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Rottenberg, Daniel) [Transferred from Illinois Southern on 1/16/2024.] |
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