State of Hawaii, The, ex rel. Anne E. Lopez, Attorney General v. 3M Company et al
| State of Hawaii, The |
| EIDP Inc, 3M Company, AGC Chemicals Americas Inc, Archroma U.S. Inc., Arkema Inc, BASF Corporation, Buckeye Fire Equipment Company, ChemDesign Products Inc, Chemguard Inc, Clariant Corporation, Corteva Inc, Dupont De Nemours Inc, Dynax Corporation, E.I. Du Pont De Nemours and Company, Chemours Company, The, Tyco Fire Products LP and ABC Corporation 1-10 (Names Fictitious) |
| 2:2024cv00488 |
| January 30, 2024 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Tort Product Liability |
| 28 U.S.C. § 1441 Notice of Removal-Product Liability |
| Plaintiff |
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| Filing 24 CERTIFICATE OF SERVICE by State of Hawaii, The (Attachments: #1 Exhibit A - Proof of Service for 3M Company, #2 Exhibit B - Proof of Service for AGC Chemicals Americas, Inc., #3 Exhibit C - Proof of Service for Archroma U.S., Inc., #4 Exhibit D - Proof of Service for Arkema, Inc., #5 Exhibit E - Proof of Service for BASF Corporation, #6 Exhibit F - Proof of Service for Buckeye Fire Equipment Company, #7 Exhibit G - Proof of Service for ChemDesign Products Inc., #8 Exhibit H - Proof of Service for Chemguard, Inc., #9 Exhibit I - Proof of Service for Clariant Corporation, #10 Exhibit J - Proof of Service for Corteva, Inc., #11 Exhibit K - Proof of Service for Dupont De Nemours, Inc., #12 Exhibit L - Proof of Service for Dynax Corporation, #13 Exhibit M - Proof of Service for EIDP, Inc., #14 Exhibit N - Proof of Service for The Chemours Company, #15 Exhibit O - Proof of Service for Tyco Fire Products LP)(Liang, William) |
| Filing 23 NOTICE of Appearance by William Liang on behalf of State of Hawaii, The Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00488-RMG(Liang, William) |
| Filing 22 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 if not previously done so (See CMO No. 3 pg. 17 Electronic Filing at 22. footnote 5 (ECF Multidistrict Litigation Attorney Registration Form - available at the link at the end of this NOTICE). Judge Gergel directs that 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 contact lead liaison counsel before calling the Court (contact information available at the link at the end of this NOTICE). 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 will be via a Telephone Conference set for 3/01/2024 10:00 AM, before Honorable Richard M Gergel (call-in instructions will be circulated prior to each telephonic status conference). See the District Court's website containing information on the MDL at # MDL-2873 (sshe, ) |
| Filing 21 MDL MEMBER CASE OPENED: Hawaii (associated as of 1/30/2024), 1:24-cv-00009, State of Hawaii, The, ex rel. Anne E. Lopez, Attorney General v. 3M Company et al, as DSC case 2:24-cv-00488-RMG (sshe, ) |
| Filing 19 Case transferred in from District of Hawaii; Case Number 1:24-cv-00009. Original file certified copy of transfer order and docket sheet received. |
| Filing 18 NOTICE of Case Reassignment: Please reflect Civil case number CV 24-00009 DKW-WRP on all further pleadings. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 17 EO: The Court DIRECTS the Clerk's Office to reassign this case to a district judge. Magistrate Judge Wes Reber Porter will remain as the magistrate judge. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/1/2024.] |
| Case transferred to District of South Carolina (re MDL 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation). Electronic file, transfer order, and docket sheet sent. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 15 TRANSMITTAL of DOCUMENTS from the District of South Carolina, CONDITIONAL TRANSFER ORDER (CTO-171) (certified), MDL 2873, In Re: Aqueous Film-Forming Foams Product Liability Litigation. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 14 TRANSMITTAL of DOCUMENTS from the United States Judicial Panel on Multidistrict Litigation, MDL No. 2873, In Re: Aqueous Film-Forming Foams Product Liability Litigation: As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer. The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the D. South Carolina for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 13 TRANSMITTAL of DOCUMENTS: CONDITIONAL TRANSFER ORDER (CTO-171) received from the United States Judicial Panel on Multidistrict Litigation, MDL No. 2873, In Re: Aqueous Film-Forming Foams Products Liability Litigation. Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the District of South Carolina for the reasons stated in the order of December 7, 2018, and, with the consent of that court, assigned to the Honorable Richard M. Gergel. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the District of South Carolina. The transmittal of this order to said Clerk shall be stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the Panel within this 7-day period, the stay will be continued until further order of the Panel. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 12 EO: The Court is in receipt of Defendant 3M Company's #10 First Unopposed Motion to Extend Responsive Pleading Deadlines and Stay Proceedings (Motion). While the Motion states that Plaintiff agrees to an extension of the responsive pleading deadline and a stay of this case, the Motion does not clearly state that all Defendants have agreed to the requested relief. Accordingly, by no later than January 31, 2024, any party may file an opposition or statement in response to the Motion. Alternatively, Defendant 3M Company may file a declaration at any time stating that it has conferred with the other Defendants and they agree to the relief requested in the Motion. (MAGISTRATE JUDGE WES REBER PORTER) (jo) [Transferred from Hawaii on 2/1/2024.] |
| Filing 11 NOTICE of Appearance by Wade H. Hargrove, III on behalf of State of Hawaii, The on behalf of State of Hawaii, The. (Attachments: #1 Certificate of Service)(Hargrove, Wade) [Transferred from Hawaii on 2/1/2024.] |
| Filing 10 First Unopposed MOTION to Extend Responsive Pleading Deadline and Stay Proceedings as to #1 Notice of Removal, Corlis J. Chang appearing for Defendant 3M Company (Attachments: #1 Declaration of Corlis J. Chang , #2 Exhibit A, #3 Exhibit B, #4 Proposed Order)(Chang, Corlis) Modified on 1/16/2024 (eta). [Transferred from Hawaii on 2/1/2024.] |
| Filing 9 CERTIFICATE OF SERVICE by Chemguard, Inc., Tyco Fire Products LP re #8 Corporate Disclosure Statement of Defendants Tyco Fire Products, LP and Chemguard, Inc. (Louie, David) [Transferred from Hawaii on 2/1/2024.] |
| Filing 8 Corporate Disclosure Statement by Chemguard, Inc., Tyco Fire Products LP. (Louie, David) [Transferred from Hawaii on 2/1/2024.] |
| Filing 7 STATEMENT of Filing and Service of Removal filed by 3M Company, Chemguard, Inc., Tyco Fire Products LP. (Chang, Corlis) [Transferred from Hawaii on 2/1/2024.] |
| Filing 6 NOTICE OF ASSIGNMENT TO UNITED STATES MAGISTRATE JUDGE. PLEASE COMPLETE AND FILE THE ATTACHED ELECTION FORM (FILING INSTRUCTIONS ARE ATTACHED). While the decision to consent or not to consent to the exercise of jurisdiction by the magistrate judge is entirely voluntarily, the duty to respond to this notice is mandatory. Each party must indicate consent or decline to consent by completing the attached Election Form and filing it with the court no later than twenty-one (21) days after entry of appearance. In the event a dispositive motion is filed prior to the date on which the submission of the Election Form is required, the parties must return the completed Election Form within seven (7) calendar days after the motion is filed. (Attachments: #1 Election Form) ATTACH THE NOTICE AND ELECTION FORM TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE NOTICE AND ELECTION FORM MUST BE SERVED WITH THE DOCUMENT. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 5 Notice to Parties Re: Corporate Disclosure Statements: Federal Rule of Civil Procedure 7.1 and Criminal Rule 12.4 both address the filing of Corporate Disclosure Statements. Both rules state A party must:(1) file the Rule 7.1(a) (or 12.4(a)) statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court, and (2) promptly file a supplemental statement upon a change in the information that the statement requires. (eta) [Transferred from Hawaii on 2/1/2024.] |
Filing 4
Order Setting Telephonic Rule 16 Scheduling Conference is set for 09:00AM on 2/12/2024 before MAGISTRATE JUDGE WES REBER PORTER - Signed by CHIEF JUDGE DERRICK K. WATSON on 1/8/2024. ATTACH THE SCHEDULING ORDER TO THE INITIATING DOCUMENT (COMPLAINT/NOTICE OF REMOVAL). THE SCHEDULING ORDER MUST BE SERVED WITH THE DOCUMENT. (eta) [Transferred from Hawaii on 2/1/2024.]
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| Filing 3 NOTICE of Case Assignment: Please reflect Civil case number CV 24-00009 WRP on all further pleadings. (eta) [Transferred from Hawaii on 2/1/2024.] |
| Filing 2 Corporate Disclosure Statement by 3M Company. (Chang, Corlis) [Transferred from Hawaii on 2/1/2024.] |
| Filing 1 NOTICE OF REMOVAL by 3M Company, Tyco Fire Products LP, Chemguard, Inc. from Circuit Court of the First Circuit, State of Hawaii, case number 1CCV-23-0001612. ( Filing fee $ 405 receipt number AHIDC-2942015), filed by 3M Company, Tyco Fire Products LP, Chemguard, Inc.. (Attachments: #1 Exhibit A: Complaint, #2 Exhibit B: Docket Sheet, #3 Exhibit C: Summons, #4 Civil Cover Sheet)(Chang, Corlis) Modified on 1/9/2024 (eta). [Transferred from Hawaii on 2/1/2024.] |
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