David Bucher v. 3M Company et al
| David Bucher |
| Kidde PLC Inc, Kidde-Fenwal Inc, E.I. du Pont de Nemours & Company, Tyco Fire Products LP, Globe Manufacturing Company LLC, Narcote Holding Corporation, 3M Company, Carrier Global Corporation, Minnesota Mining and Manufacturing Co, Fire Service Plus Inc, AGC Chemicals Americas Inc, Narcote LLC, Kidde Fire Fighting Inc, Lion Apparel Inc, Arkema Inc, Fire-Dex LLC, Johnson Controls Inc, UTC Fire & Security Americas Corporation Inc, Amerex Corporation, Buckeye Fire Equipment Co., Archroma US Inc, Lion Group Inc, Honeywell Safety Products USA Inc, Dynax Corporation, Mine Safety Appliance Company LLC, Lakeland Industries Inc, Daikin America Inc, Chemicals Inc, GE Interlogix Inc, Deepwater Chemicals Inc, Chemguard Inc, Stedfast USA Inc, PBI Performance Products Inc, Globe Holding Company LLC, Innotex Corporation, The Chemours Company, Fenwal Inc, Williams Holdings Inc, The Chemours Company FC LLC, TenCate Protective Fabrics USA doing business as Southern Mills Inc, Perimeter Solutions LP, Williams US Inc., Chubb National Foam, Inc., ChemDesign Products Inc, National Foam. Inc., Clariant Corporation, Allstar Fire Equipment Co, W L Gore & Associates Inc, Corteva Inc, LN Curtis & Sons, Mallory Safety and Supply LLC, Milliken & Company, MSA Safety Sales LLC, MSA Safety Incorporated, Municipal Emergency Services Inc, Stedfast Inc., and, Nation Ford Chemical Company, Ricochet Manufacturing Co Inc, Safety Components Fabric Technologies Inc, United Technologies Corporation, Veridian Limited doing business as Veridian Fire Protective Gear, Witmer Public Safety Group Inc doing business as The Fire Store and CB Garment Inc doing business as Crewboss |
| 2:2024cv06323 |
| November 5, 2024 |
| U.S. District Court for the District of South Carolina |
| Richard M Gergel |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Personal Injury |
| Plaintiff |
Docket Report
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| Filing 16 CERTIFICATE OF SERVICE by David Bucher on all defendants (Attachments: #1 Certificate of Service on defendant AGC Chemicals Americas, Inc., #2 Certificate of Service on defendant Allstar Fire Equipment Co., #3 Certificate of Service on defendant Amerex Corporation, #4 Certificate of Service on defendant Archroma U.S., Inc., #5 Certificate of Service on defendant Arkema, Inc., #6 Certificate of Service on defendant Buckeye Fire Equipment Co,, #7 Certificate of Service on defendant Carrier Global Corporation, #8 Certificate of Service on defendant CB Garment, Inc., #9 Certificate of Service on defendant Chemdesign Products, Inc., #10 Certificate of Service on defendant Chemguard, Inc., #11 Certificate of Service on defendant Chemicals, Inc., #12 Certificate of Service on defendant Clariant Corporation, #13 Certificate of Service on defendant Corveta, Inc., #14 Certificate of Service on defendant Daikin America, Inc., #15 Certificate of Service on defendant Deepwater Chemicals, Inc., #16 Certificate of Service on defendant Dynax Corporation, #17 Certificate of Service on defendant E.I. Du Pont De Nemours & Co., Individually and as Successor-In-Interest to DuPont Chemical Solutions Enterprise, #18 Certificate of Service on defendant Fire Service Plus, Inc., #19 Certificate of Service on defendant Fire-Dex, LLC, #20 Certificate of Service on defendant Globe Holding Company, LLC, #21 Certificate of Service on defendant Globe Manufacturing Company LLC, #22 Certificate of Service on defendant Honeywell Safety Products USA, Inc., #23 Certificate of Service on defendant Innotex Corporation, #24 Certificate of Service on defendant Johnson Controls, Inc., #25 Certificate of Service on defendant Kidde Fire Fighting, Inc., (f/k/a Chubb National Foam, Inc., f/k/a National Foam, Inc.), #26 Certificate of Service on defendant Kidde-Fenwal, Inc. (f/k/a Fenwal, Inc.), Individually and as Successor-In-Interest to National Foam, Inc., #27 Certificate of Service on defendant Kidde PLC, Inc., (f/k/a Williams Holdins, Inc.), Individually and as Successor-In-Interest to National Foam, Inc., #28 Certificate of Service on defendant Lakeland Industries, Inc., #29 Certificate of Service on defendant Lion Apparel, Inc., #30 Certificate of Service on defendant Lion Group, Inc., #31 Certificate of Service on defendant L.N. Curtis & Sons, #32 Certificate of Service on defendant Mallory Safety and Supply, LLC, #33 Certificate of Service on defendant Milliken & Company, #34 Certificate of Service on defendant Mine Safety Appliance Company LLC, #35 Certificate of Service on defendant MSA Safety Incorporated, #36 Certificate of Service on defendant MSA Safety Sales, LLC, #37 Certificate of Service on defendant Municipal Emergency Services, Inc., #38 Certificate of Service on defendant Narcote Holding Corporation (f/k/a Stedfast, Inc., and/or Stedfast USA, Inc.), #39 Certificate of Service on defendant Narcote, LLC (f/k/a Stedfast, Inc., and/or Stedfast USA, Inc.), #40 Certificate of Service on defendant Nation Ford Chemical Company, #41 Certificate of Service on defendant National Foam, Inc., #42 Certificate of Service on defendant PBI Performance Products, Inc., #43 Certificate of Service on defendant Perimeter Solutions, LP, #44 Certificate of Service on defendant Ricochet Manufacturing Co., Inc., #45 Certificate of Service on defendant Safety Components Fabric Technologies, Inc., #46 Certificate of Service on defendant Stedfast USA, Inc., #47 Certificate of Service on defendant Tencate Protective Fabrics USA, d/b/a Southern Mills, Inc., #48 Certificate of Service on defendant The Chemours Company FC, LLC, Individually and as Successor-In-Interest to DuPont Chemical Solutions Enterprise, #49 Certificate of Service on defendant The Chemours Company, Individually and as Successor-In-Interest to DuPont Chemical Solutions Enterprise, #50 Certificate of Service on defendant Tyco Fire Products, L.P. as Successor-In-Interest to The Ansul Company, #51 Certificate of Service on defendant United Technologies Corporation, #52 Certificate of Service on defendant UTC Fire & Security Americas Corporation, Inc. (f/k/a GE Interlogix, Inc.), Individually and as Successor-In-Interest to National Foam, Inc., #53 Certificate of Service on defendant Veridian Limited d/b/a Veridian Fire Protective Gear, #54 Certificate of Service on defendant Witmer Public Safety Group, Inc., d/b/a "The Fire Store", #55 Certificate of Service on defendant W.L. Gore & Associates, Inc.)(Lumb, Kenneth) |
| Filing 15 Summons Issued as to All Defendants. (sshe, ) |
| Filing 14 MDL MEMBER CASE OPENED: Illinois Northern, 1:24-cv-10765, David Bucher v. 3M Company et al, as DSC case 2:24-cv-06323-RMG (jbin) |
| Filing 13 Case transferred in from District of Illinois Northern; Case Number 1:24-cv-10765. Original file certified copy of transfer order and docket sheet received. |
| Filing 12 TRANSFERRED to the USDC, District of South Carolina the electronic record. (evw, ) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 11 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to District of South Carolina. Mailed notice. (evw, ) [Transferred from Illinois Northern on 11/5/2024.] |
| Civil Case Terminated pursuant to MDL 2873 Conditional Transfer Order filed 11/4/2024. (evw, ) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 10 ATTORNEY Appearance for Plaintiff David Bucher by William T Gibbs (Gibbs, William) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 9 ATTORNEY Appearance for Plaintiff David Bucher by Mitchell Wald Bild (Bild, Mitchell) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 8 ATTORNEY Appearance for Plaintiff David Bucher by Kenneth Thomas Lumb (Lumb, Kenneth) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: Although a conditional transfer order to the MDL has been entered, on review of the Complaint, the Court orders the following jurisdictional inquiry. Defendant 3M Company relies on diversity jurisdiction, 28 U.S.C. 1332, for the Court's subject matter jurisdiction. Notice of Removal para. 13. For the LLC defendants, the Complaint itself states only their place of incorporation and principal place of business. Compl. paras. 23, 28, 29, 32, 43, 57, 59, 62. But an LLC's citizenship is not like a corporation's; instead an LLC is a citizen of every state where its members are citizens. Wise v. Wachovia Securities, LLC, 450 F.3d 265, 267 (7th Cir. 2006). The Notice of Removal supplies facts that might support the citizenship allegations for most of the LLCs, although not for Defendant Narcote. Not. of Removal paras. 27, 32, 36, 45, 59, 61, 64. But the Notice of Removal alleges the defendants' citizenship solely "on information and belief." Id. Citizenship must be proven by underlying facts, not just alleged on information and belief. See America's Best Inns, Inc. v. Best Inns of Abilene, L.P., 980 F.2d 1072, 1074 (7th Cir. 1992). Likewise, the Notice of Removal only alleges Chemguard's principal place of business (which was not alleged in the Complaint) and corrects Mine Safety Compliance Company, LLC's identity on information and belief. Not. of Removal paras. 46, 33. The parties' counsel (including the Plaintiff's counsel and defense counsel for the Defendants that did not file the notice of removal) must be prepared to confirm the citizenship allegations for all of the Defendants in the status report that is due on 11/05/2024. See R. 6. The parties may skip all other sections of the status report, other than subject matter jurisdiction, if the parties acknowledge that the case is headed to the MDL. Emailed notice (mw, ) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 6 MINUTE entry before the Honorable Edmond E. Chang: Initial tracking status hearing set for 11/15/2024 at 8:30 a.m. to track the case only (no appearance is required, the case will not be called). Instead, the Court will set the case schedule after reviewing the written status report. The parties must file a joint initial status report with the content described in the attached status report requirements by 11/05/2024. Plaintiff must still file the report even if Defendants have not responded to requests to craft a joint report. If not all Defendants have been served, then Plaintiff must complete the part of the report on the progress of service. Also, counsel (or the parties, if proceeding pro se) must carefully review Judge Chang's Case Management Procedures, available online at ilnd.uscourts.gov (navigate to Judges / District Judges / Judge Edmond E. Chang). Because the Procedures are occasionally revised, counsel (or the party, if proceeding pro se) must read them anew even if the counsel or the party has appeared before Judge Chang in other cases. Emailed notice (Attachments: #1 Status Report Requirements) (mw, ) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 5 MAILED Notice of Removal letter to William T. Gibbs. (jxm, ) [Transferred from Illinois Northern on 11/5/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jxm, ) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 4 ATTORNEY Appearance for Defendant 3M Company by Daniel Leslie Ring (Ring, Daniel) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 3 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by 3M Company (Ring, Daniel) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 2 CIVIL Cover Sheet (Ring, Daniel) [Transferred from Illinois Northern on 11/5/2024.] |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (2024-L-10758) filed by 3M Company Filing fee $ 405, receipt number AILNDC-22623750. (Attachments: #1 Exhibit A - Complaint)(Ring, Daniel) [Transferred from Illinois Northern on 11/5/2024.] |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (Civil Category 2). (ksr, ) [Transferred from Illinois Northern on 11/5/2024.] |
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