Womack v. Tyco Fire Products, L.P. et al
| Robert Womack |
| 3M Company, Tyco Fire Products L.P., Chemguard, Shell USA, Inc., Phillips 66 Company, Aton, LLC, Safety Kleen Systems Inc, Minnesota Mining and Manufacturing Company, Chemguard Inc, 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, Kiddle PLC Inc and Kidde-Fenwalfire Fighting, Inc. |
| 2:2024cv00699 |
| February 12, 2024 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1442 Petition for Removal |
| Defendant |
Docket Report
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| Filing 49 NOTICE of Voluntary Dismissal by Aqueous Film-Forming Foams Products Liability Litigation RE Robert Womack 24-cv-000699 for HWRT Oil Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00699-RMG(Edelson, Joshua) |
| Filing 48 NOTICE of Voluntary Dismissal by Aqueous Film-Forming Foams Products Liability Litigation Re Robert Womack 24-cv-00699 for Aton LLC Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00699-RMG(Edelson, Joshua) |
| Filing 47 DELETION OF DOCKET ENTRY NUMBER 47 (original) Reason: misfiled; attorney filing user to receive further instruction on correct filing procedures Filing date of original filing: 3/15/2024 (sshe, ) |
| Filing 46 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 45 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 44 Corporate Disclosure Statement by HWRT Oil Company identifying Corporate Parent Piasa Enterprises, Inc. for HWRT Oil Company.. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00699-RMG(Champlin, Matthew) |
| Filing 43 NOTICE of Appearance by Matthew B Champlin on behalf of HWRT Oil Company Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00699-RMG(Champlin, Matthew) |
| Filing 42 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-00699-RMG(Bauer, Beth) |
| Filing 41 NOTICE of Appearance by Beth A Bauer on behalf of Phillips 66 Company Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00699-RMG(Bauer, Beth) |
| Filing 40 MDL MEMBER CASE OPENED: Southern Illinois (associated as of 2/12/2024), 3:24-cv-00076, Womack v. Tyco Fire Products, L.P. et al, as DSC case 2:24-cv-00699-RMG (sshe, ) |
| Filing 38 Case transferred in from District of Illinois Southern; Case Number 3:24-cv-00076. Original file certified copy of transfer order and docket sheet received. |
| Filing 37 CTO-171 ORDER re MDL No. 2873: ORDER from Judicial Panel on Multidistrict Litigation in regard to CTO-171. IT IS THEREFORE ORDERED that the stay of the Panel's conditional transfer order designated as CTO-171" filed on January 18, 2024, is LIFTED. This action is transferred to the District of South Carolina for inclusion in the coordinated or consolidated pretrial proceedings under 28 USC 1407 being conducted by the Honorable Richard M. Gergel. Approved by Tiffaney D. Pete, Clerk of the Panel. (tkm) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 36 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Bryant, J.) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 35 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Kinney, Gregg) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 34 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Bauer, Beth) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 33 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Gianaris, Ted) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 32 NOTICE OF ACTION re #30 Notice of Appearance filed by Safety Kleen Systems, Inc. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (jle)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 31 NOTICE FROM CLERK Instructing Safety Kleen Systems, Inc. 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 Safety Kleen Systems, Inc. on 01/31/2024. Consent due by 2/21/2024 (jle) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 30 NOTICE of Appearance by J. Phillip Bryant on behalf of Safety Kleen Systems, Inc. (Bryant, J.) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 29 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Beasley, Laura) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 28 Federal Rule of Civil Procedure 7.1 Disclosure Statement by HWRT Oil Company. (Champlin, Matthew) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 27 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Champlin, Matthew) [Transferred from Illinois Southern on 2/13/2024.] |
Filing 26
ORDER FINDING AS MOOT #22 First Motion for Extension of Time. Defendant Safety Kleen Systems (Safety Kleen) filed this motion requesting an extension of time to answer or otherwise respond to Plaintiff's complaint. As stated in the Court's Order dated January 18, 2024 (Doc. 21), the deadline to file an answer or other responsive pleading to Plaintiff's complaint is now extended until 28 days after the JPML's final determination as to whether this action will be transferred to MDL No. 2873. This extension applies to all Defendants. Accordingly, the Court finds Safety Kleen's instant motion to be MOOT. However, Safety Kleen may renew its motion for extension of time if the JMPL's final determination is reached quickly, resulting in a response deadline prior to the date requested by Safety Kleen in its instant motion. Signed by Magistrate Judge Mark A. Beatty on 1/22/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 2/13/2024.]
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| Filing 25 NOTICE FROM CLERK Instructing HWRT Oil 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 on 1/19/2023. Consent due by 2/9/2024 (clw) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 24 NOTICE of Appearance by Matthew B. Champlin on behalf of HWRT Oil Company (Champlin, Matthew) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 23 NOTICE FROM CLERK Instructing Shell USA, Inc. 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 Shell USA, Inc. and Phillips 66 Company on 01/19/2024. Consent due by 2/9/2024. (jle) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 22 First MOTION for Extension of Time to File Answer by Safety Kleen Systems, Inc.. (Bryant, J.) [Transferred from Illinois Southern on 2/13/2024.] |
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Filing 21
ORDER GRANTING #8 Motion for Extension of Time. Defendants' answers or other responsive pleadings to Plaintiff's complaint are now due 28 days after the JPML's final determination as to whether this action will be transferred to MDL No. 2873 in the United States District Court for the District of South Carolina (the "AFFF MDL"). Signed by Magistrate Judge Mark A. Beatty on 1/18/2024. (scm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.[Transferred from Illinois Southern on 2/13/2024.]
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| Filing 20 NOTICE of Appearance by Susan E. Brice on behalf of Shell USA, Inc. (Brice, Susan) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 19 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #18 Notice of Appearance filed by Shell USA, Inc.. At the request of the filer, docket entry STRICKEN. Document contains incorrect case caption. Document to be re-filed with correct information. (tkm)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 18 ENTRY STRICKEN - NOTICE of Appearance by Susan E. Brice on behalf of Shell USA, Inc. (Brice, Susan) Modified on 1/18/2024 (tkm). [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 17 MOTION to Dismiss for Lack of Jurisdiction and, MOTION to Dismiss for Failure to State a Claim by Shell USA, Inc.. (Kinney, Gregg) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 16 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Shell USA, Inc.. (Kinney, Gregg) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 15 NOTICE of Appearance by Gregg A. Kinney on behalf of Shell USA, Inc. (Kinney, Gregg) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 14 MEMORANDUM in Support re #12 MOTION to Dismiss for Failure to State a Claim filed by Phillips 66 Company. (Bauer, Beth) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 13 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Phillips 66 Company. (Bauer, Beth) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 12 MOTION to Dismiss for Failure to State a Claim by Phillips 66 Company. (Bauer, Beth) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 11 NOTICE of Appearance by Beth A. Bauer on behalf of Phillips 66 Company (Bauer, Beth) [Transferred from Illinois Southern on 2/13/2024.] |
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Filing 10
ORDER OF RECUSAL. Case RANDOMLY reassigned to Magistrate Judge Mark A. Beatty for all further proceedings. Chief Judge Nancy J. Rosenstengel no longer assigned to case. Signed by Chief Judge Nancy J. Rosenstengel on 1/17/2024. (drb) [Transferred from Illinois Southern on 2/13/2024.]
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| Filing 9 Federal Rule of Civil Procedure 7.1 Disclosure Statement by Chemguard, Tyco Fire Products L.P. identifying Corporate Parent Johnson Controls International plc for Chemguard, Tyco Fire Products L.P.. (Beasley, Laura) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 8 MOTION for Extension of Time to File Answer by Chemguard, Tyco Fire Products L.P.. (Beasley, Laura) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 7 NOTICE by Chemguard, Tyco Fire Products L.P. of Filing Notice of Removal-State Court (Beasley, Laura) [Transferred from Illinois Southern on 2/13/2024.] |
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Filing 6
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Chief Judge Nancy J. Rosenstengel for all further proceedings. Signed by Judge J. Phil Gilbert on 1/12/2024. (lmb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 2/13/2024.]
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| Filing 5 NOTICE OF ACTION re #1 Notice of Removal, filed by Chemguard, Tyco Fire Products, L.P. Because the required Disclosure Statement was not filed with the attached, this matter is being submitted to the presiding judge for further action. A copy of this Court's form Disclosure Statement can be found at #https://www.ilsd.uscourts.gov/Forms.aspx. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 4 NOTICE FROM CLERK Instructing All parties 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 All parties on 1/11/2024. Consent due by 2/1/2024 (csb) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 3 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 24-cv-76-JPG. (csb) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 2 NOTICE by Chemguard, Tyco Fire Products, L.P. of Filing of Notice of Removal to Plaintiff (Beasley, Laura) [Transferred from Illinois Southern on 2/13/2024.] |
| Filing 1 NOTICE OF REMOVAL from Madison County, case number 2023LA001643 ( Filing fee $ 405 receipt number BILSDC-5279700), filed by Chemguard, Tyco Fire Products, L.P.. (Attachments: #1 Exhibit A-Complaint, #2 Civil Cover Sheet)(Beasley, Laura) [Transferred from Illinois Southern on 2/13/2024.] |
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