Johnston v. Tyco Fire Products LP et al
| Taylor Johnston |
| AGC, Inc., Raytheon Technologies Corporation, Tyco Fire Products LP, Chemguard, Inc., 3M Company, AGC Chemical Americas Inc, Asahi Glass Co., Ltd., Archroma Management, LLC, Archroma US, Inc., Arkema, Inc., BASF Corporation, Buckeye Fire Equipment Company, Carrier Global Corporation, Chemdesign Products, Inc., Chemicals Incorporated, Chubb Fire, Ltd., Clariant Corporation, Corteva, Inc., Deepwater Chemicals, Inc., Dupont De Nemours, Inc., Dynax Corporation, E.I. du Pont de Nemours and Company, Kidde PLC, Inc., Kidde-Fenwal, Inc., Nation Ford Chemical Company, National Foam, Inc., United Technologies Corporation, The Chemours Company FC, LLC, The Chemours Company and UTC Fire & Security Americas Corporation, Inc. |
| 5:2023cv00130 |
| June 20, 2023 |
| US District Court for the Northern District of Texas |
| Sam R Cummings |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| Plaintiff |
Docket Report
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| Case transferred from NDTX has been opened in South Carolina as case number 2:23-cv-03525. (bmh) |
| Filing 6 CONDITIONAL TRANSFER ORDER: The JPML has issued the attached order transferring one or more cases to the NDTX in MDL 2873, and that order has now been filed in the NDTX. Upon receipt of this NEF, each transferor court should enter this order, which has been certified as required, in each affected action and effect transfer without delay. Please do not close the case before transfer (if possible) but do include in the extraction function Remarks field the MDL number, title of this order, and a contact name. (If this court should use a different contact to request a future MDL-related transfer, please notify us at InterdistrictTransfer_TXND@txnd.uscourts.gov.) (bmh) |
| Interdistrict Transfer to District of South Carolina; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in District of South Carolina. (bmh) |
| Filing 5 ***DISREGARD- See #6 for correct transfer order. CONDITIONAL TRANSFER ORDER (CTO-140): The JPML has issued the attached order transferring one or more cases to the NDTX in MDL 2873, and that order has now been filed in the NDTX. Upon receipt of this NEF, each transferor court should enter this order, which has been certified as required, in each affected action and effect transfer without delay. Please do not close the case before transfer (if possible) but do include in the extraction function Remarks field the MDL number, title of this order, and a contact name. (If this court should use a different contact to request a future MDL-related transfer, please notify us at InterdistrictTransfer_TXND@txnd.uscourts.gov.) (bmh) Modified on 7/20/2023 (bmh). |
| ***DISREGARD- Transferred to District of South Carolina: Interdistrict Transfer to New York Southern District; notice sent via email. All documents available electronically. If receiving court cannot upload, documents are available from PACER (record does not contain restricted documents). Counsel advised to file future documents in New York Southern District. (bmh) Modified on 7/20/2023 (bmh). |
Filing 4
ORDER: On this date, the Court considered the Parties' Joint Stipulation and Order Extending Time to Answer (ECF No. #3 ). Therefore, the Court finds that the deadline for Defendants to move, answer, or otherwise respond to Plaintiff's Original Petition shall be in accordance with the established rules and procedures in the In re Aqueous Film-Forming Foams Products Liability multidistrict litigation ('AFFF MDL"). Should the Judicial Panel on Multidistrict Litigation decline to transfer this action to the AFFF MDL, Defendants shall have through and including the 28th day after such disposition by the Judicial Panel on Multidistrict Litigation to answer, move, or otherwise respond to Plaintiff's Original Complaint. (Ordered by Senior Judge Sam R. Cummings on 6/26/2023) (krr)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Jun 26 14:20:53 CDT 2023 (crt) |
| Filing 3 STIPULATION /Request for Entry of Stipulation and Order Extending Time to Answer or Otherwise Respond by Chemguard, Inc., Tyco Fire Products LP. (Attachments: #1 Stipulation) (Loh, Peter) Modified text to include motion (requesting time) on 6/26/2023 (krr). |
| Filing 2 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (lkw) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Chemguard, Inc., Tyco Fire Products LP. (Filing fee $402; receipt number ATXNDC-13826453) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A-1 - Index of State Court Filings, #2 Exhibit(s) A-2 - State Court Docket Sheet, #3 Exhibit(s) A-3 - Plaintiff's Original Petition, #4 Exhibit(s) A-4 - Civil Process Request Forms, #5 Cover Sheet, #6 Cover Sheet Supplement, #7 Exhibit(s) D - Certificate of Interested Persons) (Loh, Peter) |
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