Heath v. 3M Company and Aearo Technologies, LLC
Plaintiff: Samuel Tomas Heath
Defendant: Aearo Technologies, LLC and 3M Company
Case Number: 3:2019cv00192
Filed: March 1, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Barbara D Holmes
Referring Judge: Eli J Richardson
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 17, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2019 Case transferred from Tennessee Middle has been opened in Northern District of Florida as case 3:19-cv-00704. (am)
April 16, 2019 Opinion or Order Filing 13 ORDER: Pursuant to the Conditional Transfer Order (CTO-1) of the Judicial Panel on Multidistrict Litigation, Docket No. 2885, this case is hereby transferred to the United States District Court for the Northern District of Florida for coordinated or consolidated proceedings. The Clerk of Court is directed to close this case and electronically transmit the record to the United States District Court for the Northern District of Florida. Signed by District Judge Eli J. Richardson on 4/16/19. (am)
April 16, 2019 Filing 12 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO 1), IN RE: 3M COMBAT ARMS EARPLUG PRODUCTS LIABILITY LITIGATION MDL No. 2885, received from the Northern District of Florida. (Case is ready for closing/transfer; Proposed order submitted to chambers). (af)
April 16, 2019 Case electronically transferred to the United States District Court for the Northern District of Florida. (am)
April 15, 2019 Filing 11 CONDITIONAL TRANSFER ORDER (CTO 1) filed by the UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION, IN RE: 3M COMBAT ARMS EARPLUG PRODUCTS LIABILITY LITIGATION MDL No. 2885. The actions on the attached schedule are transferred under 28 U.S.C. 1407 to the Northern District of Florida for the reasons stated in the order of April 3, 2019, and, with the consent of that court, assigned to the Honorable M. Casey Rodgers. (af)
April 3, 2019 Opinion or Order Filing 10 ORDER granting #9 Motion for Extension of Time to Answer. Pending before the Court is Defendants' motion to indefinitely stay the time to respond to the complaint and to indefinitely postpone the initial case management conference (Docket No. 9), which Defendants represent to be unopposed. The motion is GRANTED. The parties are, however, put on notice that, while the Court will accommodate their current request to conserve resources, at some point, if a there are no apparent developments in the requested transfer of this case for MDL consolidation, the Court will require periodic updates and may proceed with further case administration so that this case does not (even inadvertently) slip through the cracks. Signed by Magistrate Judge Barbara D. Holmes on 4/3/2019. (am)
April 1, 2019 Filing 9 Defendants' Unopposed Motion for Extension of Time to Respond to Complaint & Stay of Initial Case Management Conference Until After Judicial Panel on Multidistrict Litigation Rules by 3M Company, Aearo Technologies, LLC. (Rodgers, John) Modified Text on 4/2/2019 (am).
March 26, 2019 Filing 8 SUMMONS returned executed by Samuel Tomas Heath. 3M Company served on 3/14/2019. (Stranch, James)
March 26, 2019 Filing 7 SUMMONS returned executed by Samuel Tomas Heath. Aearo Technologies, LLC served on 3/15/2019. (Stranch, James)
March 4, 2019 Opinion or Order Filing 6 ORDER: This case is REFERRED to the Magistrate Judge for customized case management in accordance with Local Rule 16.01 and 28 U.S.C. 636(b)(1)(A). Signed by District Judge Eli J. Richardson on 3/4/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
March 4, 2019 Filing 5 Summons issued as to 3M Company, Aearo Technologies, LLC. (Service packets to be picked up by attorney at the front counter.) (am)
March 4, 2019 Filing 4 NOTICE of Initial Case Management Conference set for 5/1/2019 at 11:00 AM in Courtroom 764 before Magistrate Judge Barbara D. Holmes. (am)
March 4, 2019 Filing 3 NOTICE of Business Entity Disclosure Statement filing requirement. (am)
March 4, 2019 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (am)
March 4, 2019 TN State Bar status verified as active for James Gerard Stranch, IV, Joey P. Leniski, Jr. (am)
March 1, 2019 Filing 1 COMPLAINT against 3M Company, Aearo Technologies, LLC (Filing fee $400, Receipt number 0650-2864353), filed by Samuel Tomas Heath. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A- Acoustical Society of America Standard Method for the Measurement of, #3 Exhibit B - David E. Gillespie, Researchers Evaluate True Effects of Hearing Los, #4 Exhibit C - Kay Miller, Hearing loss widespread among post-9/11 veterans, The Ce, #5 Exhibit D - Solicitation No. SP0200-06-R-4202, #6 Exhibit E - Combat Arms Earplugs Instructions, #7 Exhibit F - McIlwain, D. Scott et al., Heritage of Army Audiology and the Road A, #8 Attachment G - Discontinuation: 3M Combat Arms Earplugs Version 2 (Nov. 17, 2015))(am)

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Defendant: Aearo Technologies, LLC
Represented By: John P. Rodgers
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Defendant: 3M Company
Represented By: John P. Rodgers
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Plaintiff: Samuel Tomas Heath
Represented By: Joey P. Leniski, Jr.
Represented By: James Gerard Stranch, IV
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