Ates et al v. 3M Company
Consolidated
Lead case: 2:18-mn-02873
Lead case: 2:18-mn-02873
| South Carolina District Court | |
| Judge: | Richard M Gergel |
| Case #: | 2:24-cv-00392 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1446 Notice of Removal-Personal Injury |
| Case Filed: | Jan 25, 2024 |
| Case in other court: | Alabama Northern, 2:23-cv-01743 |
| Last checked: Tuesday Jul 23, 2024 5:16 AM EDT |
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Defendant
3M Company
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AGC Chemicals Amercas Inc
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Allstar Fire Equipment
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Amerex Corporation
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Archroma U.S. Inc.
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Arkema Inc
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BASF Corporation
100 Park Avenue
Florham Park, NJ 07932 |
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Buckeye Fire Equipment Company
110 Kings Road
Mountain, NC 28086 |
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CB Garment Inc
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Carrier Global Corporation
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ChemDesign Products Inc
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Chemguard Inc
One Stanton Street
Marinette, WI 54143 |
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Chemicals Inc
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Chemours Company FC, LLC
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Chubb Fire LTD
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Clariant Corp.
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Corteva Inc
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Daikin America Inc
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Deepwater Chemicals Inc
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Du Pont De Nemours Inc
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Dynax Corporation
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E.I. du Pont de Nemours & Company
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Fire Service Plus Inc
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Fire-Dex LLC
780 Progress Dr.
Medina, OH 44256 |
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Globe Manufacturing Company LLC
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Honeywell Safety Products USA Inc
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Innotex Corp
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Johnson Controls Inc
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Kidde PLC
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L.N. Curtis & Sons
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Lion Group Inc
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Mallory Safety and Supply LLC
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Milliken & Company
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Mine Safety Appliance Company LLC
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Municipal Emergency Services, Inc.
1200 South Pine Island Road
Plantation, FL 33324 |
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Nation Ford Chemical Company
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National Foam Inc
Corporation Trust Center 1209 Orange Street
Wilmington, DE 19801 |
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PBI Performance Products Inc
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Perimeter Solutions LP
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Ricochet Manufacturing Co Inc
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Safety Components Fabric Technologies Inc
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Southern Mills Inc.
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StedFast USA, Inc.
800 Mountain View Dr.
Piney Flats, TN 37686 |
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The Chemours Company
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Tyco Fire Products L.P.
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UTC Fire & Security Americas Corporation Inc
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United Technologies Corporation
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Veridian Limited
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WI Gore & Associates Inc
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Witmer Public Safety Group
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Ronald Abrantes
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Kendra Tennille Abron
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Stewart Acosta
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Mark Adamkiewicz
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Donald Adarr
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Savona Aekins
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Victor E Aguirre
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Ricardo Alba
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Philip Albertson
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Joseph Aldsworth
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Lakendrick Alexander
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Donald Allen
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Stephen Allen
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Thomas Allen
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Marc Alling
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Alan Hurley Alsobrook
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Harold Altman
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John Henry Alvarado
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William Ambrose
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Allen Anderson
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Brian Anderson
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Wendell Andrews
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Sylvester Anghuy
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Marvin Anglin
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Edward Apicella
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James Appleberry
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Larry Applewhite
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Bartolo Arechiga
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Brett Nolan Ashton
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James L Ates
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Lloyd Ivan Austin
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Michael Lee Ayres
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Stephen Bacchiocchi
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Roshonda Bailey
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Jeffrey Andre Baillargeon
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Whearry Baldwin
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Fred Carl Ball
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William Bamford
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Lynn Banks
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Richard Bannister
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Todd Ivan Barb
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Chad Barker
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Edmund Barry
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Anthony Bates
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Larkin Batten, Jr
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Brian Baumgartner
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James Deane Beach
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James Beasley
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Mark David Beaver
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Eric W Bedow
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Jimmy Beech
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Stephen R Bell
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Andrew Bellucci
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Tyrone Benjamin
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Bree Nicole Bennett
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Michael John Berger
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Jose Bermudez
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David Bernard
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Robert Allan Berry
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Martin Bert
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Kyle Berthoud
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Lee C Bethune
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Armin J Betting
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Ashley Beverly
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Michael Scott Bice
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Thomas Alan Biedrzycki
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Scott J Bilbruck
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James Billingsley
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Gregory Blackburn
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Russell Blackburn, Jr
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Andrew Bloomer
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John A Blount
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Keith Alan Bluestein
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Joseph Boario
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Gary Vincent Boker
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Davon Bolden
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Karyn Bolds
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Mark Bolotte
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Ronald Bonacci
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Harold T Bond
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Patrick Bond, Jr
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Henry L Book
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Benjamin Borew
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ALex Robert Boughamer
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James Bourgeois
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Edward Bowden
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Mark E Bowen
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Benjamin Andrew Bowers
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Richard L Bowles
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Donald Scott Boyd
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Michael Boyle
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Nathaniel Brazell
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Tyson Breuer
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Glenn Brian
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Robert Corey Bright
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Timothy Broadbent
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Keith Brooks
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Donald P Brough
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Cletus Brown
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John Brown
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Michael Paul Brown, Jr
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William Brown
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Donald Edward Earl Browne
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Robert Brueggemann
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Dwayne Brumfield
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Jerry Dozier Brumfield
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Kenneth Brummitt
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Richard Brummitt
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Gerard Brunelle
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George Riley Bruns
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John Daniel Brunson
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Aubrey Buchanan
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Edward Leonard Buczek
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Timothy M Bullard
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Nathan Bunting
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Gerry Burchett
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Roger Burhite
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Sonia Burke
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Dean Joseph Burnell, Sr
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Bobby Burnett
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David Burns
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Jonathan Butler
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Tessa Byard
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Michael Alan Ford
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Gary Zambito
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| Docket last updated: 6 hours ago |
| Wednesday, March 26, 2025 | ||
| 31 | 31
3
pgs
order
Order
Wed 03/26 3:29 PM
AMENDED ORDER This Order Relates to Case No. 2:24-cv-00392-RMG re (6846 in 2:18-mn-02873-RMG, 30 in 2:24-cv-00392-RMG) Order on Motion to Amend/Correct. The motion to amend and sever (Dkt. No. 6609) is GRANTED. Plaintiff Dean Burnell's claims are severed from this member case, and he will be given a separate case number. Plaintiff Dean Burnell is directed to file the amended complaint in the new member case: 2:25-cv-02593-RMG. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/26/2025. Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(sshe, ) |
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| Tuesday, March 25, 2025 | ||
| 30 | 30
2
pgs
order
Order on Motion to Amend/Correct
Tue 03/25 2:03 PM
ORDER This Order Relates to Case No. 2:24-cv-00392-RMG. The motion to amend (Dkt. No. 6609 in case 2:18-mn-02873-RMG; (29) in case 2:24-cv-00392-RMG) is GRANTED and Plaintiffs are directed to promptly file the amended complaint. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 3/25/2025.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(sshe, ) |
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| Tuesday, January 28, 2025 | ||
| 29 | 29
motion
Amend/Correct
Tue 01/28 11:57 AM
Second MOTION to Amend/Correct Complaint and Sever Claims by Dean Joseph Burnell, Sr. Response to Motion due by 2/11/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(Kahn, Joshua) |
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Att: 1
Exhibit Amended Complaint,
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Att: 2
Exhibit Redline copy,
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Att: 3
Proposed Order
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| 28 | 28
order
Order on Motion to Amend/Correct
Tue 01/28 10:39 AM
TEXT ORDER This Order relates to Case No. 2:24-cv-00392-RMG. The court DENIES WITHOUT PREJUDICE 6597 (in case 2:18-mn-02873-RMG; (27) in case 2:24-cv-00392-RMG) Motion to Amend Complaint and Sever Claims for failure to include a redline. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/28/2025.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(sshe, ) |
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| Monday, January 27, 2025 | ||
| 27 | 27
motion
Amend/Correct
Mon 01/27 10:03 AM
MOTION to Amend/Correct Complaint and Sever Claims by Dean Joseph Burnell, Sr. Response to Motion due by 2/10/2025. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(Kahn, Joshua) |
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Att: 1
Exhibit Amended Complaint,
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Att: 2
Proposed Order Proposed Order
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| Friday, January 03, 2025 | ||
| 25 | 25
order
Order on Motion to Substitute Attorney
Fri 01/03 10:04 AM
TEXT ORDER This Order Relates to Case No.: 2:24-cv-00392-RMG. The Court GRANTS 6430 (in case 2:18-mn-02873-RMG; (23) in case 2:24-cv-00392-RMG) Motion to Substitute Attorney. The Court approves the withdrawal of Gary A. Anderson, Gregory A. Cade and Kevin B. McKie and the firm of Environmental Litigation Group, P.C. and substitutes Jonathan Schochor, Kerry D Staton, and Joshua Kahn and the firm of Schochor, Staton, Goldberg and Cardea, P.A. as counsel of record for Dean Joseph Burnell, Sr. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 1/3/2025.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(sshe, ) |
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| Thursday, December 05, 2024 | ||
| 24 | 24
notice
Notice of Voluntary Dismissal
Thu 12/05 8:02 AM
NOTICE of Voluntary Dismissal by Bobby Joe Lambert, Gregory John Crispo, LAWRENCE ELLIS, Roshonda Bailey, Jay Smith, Robert Underwood, Kenneth Whaley, Eric Anthony Jordan, Steven Troy Fisher, Michael Zepeda, Charles C Marshall, Robert Parker, Johnarfin Goodjoint, Van Bass, David Ammons, Norman B Chapman, Randall Bonds, Keith Michael Burkhalter, Sheri Carlson, Micheal Francis, John Hanson, Patrick F Roberts, Ronald Hansen, Mark Bryant, Shaun Deprez, Nicholas James Lewis, James Norman, Bilal A Malik, David Rivera, Timothy H Sinex, James Edward Taylor John Leston as to Jones, et al; WITHOUT PREJUDICEAssociated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Member Cases
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| Tuesday, December 03, 2024 | ||
| 23 | 23
motion
Substitute Attorney
Tue 12/03 12:01 PM
MOTION to Substitute Attorney by Dean Joseph Burnell, Sr. Response to Motion due by 12/17/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45.No proposed order.Associated Cases: 2:18-mn-02873-RMG, 2:24-cv-00392-RMG(Kahn, Joshua) |
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Att: 1
Proposed Order
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| Monday, September 09, 2024 | ||
| 22 | 22
notice
Notice of Voluntary Dismissal
Mon 09/09 10:22 AM
NOTICE of Voluntary Dismissal by Kenneth Charles Shaw Et al., Edwin Gomez, Sr, Ronald Spontak Et al., Brian James Rizner Et al., Terri Smith, Robert Turley, Christopher Burris Et al., John Dunn, Kathy Battle, David C Bolt, Paul A Brady, Raegan Dowdell, Tommie Reese, Sharon Sizer, Joseph Michauskas Et al., Gary Hanna Et al., John Belton Et al., Craig Tully, Abel Perez, Allen Kairis, Andrew Plumlee, RUSSELL LEE LORD, Teresa Harrell, Nina Jones, John Perez, Benjamin Smith, Jr, Dwight Taylor, Steve Dubosky, Larry Beemer Et al., Keith Alan Bluestein, James Ouzts Et al. Carl Sarvey as to Hanna, et al; Robert Raymond Bonomini as to Shaw, et al; Ellis Nakamura as to Shaw, et al; Melvin Alex Garcia as to Beemer, et al; Kevin Hinzo as to Burris, et al; Randall Jones, Jr., as to Ouzts, et al; Alonzo E. Lagle as to Ouzts, et al; Mitchell Feller as to Belton, et al; Robert C. Powell, Sr. as to Rizner, et al; Joey Rios, III as to Rizner, et al; Chris Ban Noy as to Spontak, et al; Will A. Peden, Jr. as to Spontak, et al; James Desmond Bocek as to Michauskas, et al; Raymond Chenevert as to Michauskas, et al; Eric Cordy as to Michauskas, et al; WITHOUT PREJUDICEAssociated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Exhibit A - Member Cases
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| Tuesday, September 03, 2024 | ||
| 21 | 21
notice
Notice of Voluntary Dismissal
Tue 09/03 1:40 PM
NOTICE of Voluntary Dismissal by Billy Pearce, Ronald Spontak Et al., Dennis W Pinner, Brian James Rizner Et al., William Callas, Mary Childress, Robert Clarke, Thomas Cortemeglia, Jr, Floro Delacruz, Robert Easterly, Robert J Zdenek Et al., Jermaine Odom, Brien Ott, John Owsiany, Wayne Redding, Randy Renfo, Joseph Michauskas Et al., John Belton Et al., ERNEST FLETCHER, ARTHUR FORMAN, Ray Taylor, John Walker, Richard Jimenez, Michael Tevere, Jr, Lee C Bethune, Henry L Book, Kenneth Shockley, Forrest Wayne Stewart, James Ouzts Et al., Larry Garner, Dennis Godwin, Steven E Hamburg, George Handrahan Ellis Bernard Hendricks as to Outzs, et al; George Anthony Jackson as to Ouzts, et al; Alfred Kithcart as to Ouzts, et al; Christopher Edward Landrum as to Ouzts, et al; Avery Matt Dalton as to Belton, et al; Eric Neal Greer as to Belton, et al; James Daniel Grumbles as to Belton, et al; Andre Jude Petit as to Rizner, et al; Gilbert Stewart Reilly as to Rizner, et al; Rickey David Reker as to Rizner, et al; Matthew Jackson Sapp, III as to Rizner, et al; Warren Ray Schatz as to Rizner, et al; Dean Stephen Silcott, Jr. as to Rizner, et al; Darrell Gene Smith as to Rizner, et al; Colin Harry Matte as to Spontak, et al; Richard Allen McDaniel as to Spontak, et al; Anthony Mercer as to Spontak, et al; John Lee Moulton as to Spontak, et al; Rex Wayne Nelson as to Spontak, et al; Skylar Matthew Wintemberg as to Zdenek, et al; David Coy as to Michauskas, et al; Of Particular Personal Injury Claims WITHOUT PREJUDICEAssociated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Exhibit A - Member Cases
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| Tuesday, August 27, 2024 | ||
| 20 | 20
misc
Status Report
Tue 08/27 11:51 PM
STATUS REPORT - General Denial and Statement of Affirmative Defenses by Globe Manufacturing Company LLC. Associated Cases: 2:18-mn-02873-RMG et al.(Stengel, James) |
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| 19 | 19
notice
Notice of Appearance
Tue 08/27 11:30 PM
NOTICE of Appearance by Paige Pavone on behalf of Globe Manufacturing Company LLC, Globe Manufacturing Company, LLC, Globe Manufacturing Co LLC Associated Cases: 2:18-mn-02873-RMG et al.(Pavone, Paige) |
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| 18 | 18
misc
Corporate Disclosure Statement
Tue 08/27 10:26 PM
Corporate Disclosure Statement by Globe Manufacturing Company LLC identifying Corporate Parent MSA Safety Inc. for Globe Manufacturing Company LLC.. Associated Cases: 2:18-mn-02873-RMG et al.(Stengel, James) |
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| 17 | 17
notice
Notice of Appearance
Tue 08/27 6:42 PM
NOTICE of Appearance by James L Stengel on behalf of Globe Manufacturing Company LLC, Globe Manufacturing Company, LLC, Globe Manufacturing Co LLC Associated Cases: 2:18-mn-02873-RMG et al.(Stengel, James) |
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| Friday, August 16, 2024 | ||
| 16 | 16
notice
Notice of Voluntary Dismissal
Fri 08/16 10:21 AM
NOTICE of Voluntary Dismissal by Roy Prince, Aaron Philip Warnick, William Carlson, Stephen Chick, Michael A Diotte, Jerel Butler, George Culbreth, David Curtis Gorman, Joshua Hamman, Christopher Hulliger, John Belton Et al., Kelly A Martinez, Shanneal Ocular, Richard J. Timmerman, Michelle West, Amanda Young, Shyla Johnson, Vernon Johnson, Christopher Kirschke, April Bijak, Jazemine Adams, Shanti Koko, Ray Leete, Shallen Yazett McKiness, Felix Lang Auguster, Robert Becker, Darryl C Hair, Joseph Heinley, Michael Humphrey, Donald Martin, Richard Parler, Kenneth R Plain, Tracy Dewayne Richards, Daniel W Wilborn, III, Larkin Batten, Jr, Nathaniel Brazell, Glenn Brian, James H Roberts, Dennis Shock Ronald Gayle as to Belton, et al; Lennox Garvin Glft as to Belton, et al; Roy Gilbert as to Belton, et al; Jeffery Milton Gissendanner as to Belton, et al; Everett Grant as to Belton, et al; Jerome James Grasso as to Belton, et al; Donald David Gray as to Belton, et al; Clayton Allen Hall as to Belton, et al; Martin Hall as to Belton, et al; David Allan Hamman as to Belton, et al; James Hanlon as to Belton, et al; WITHOUT PREJUDICEAssociated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Exhibit A - Member Cases
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| Tuesday, July 16, 2024 | ||
| 15 | 15
notice
Notice of Voluntary Dismissal
Tue 07/16 11:55 AM
NOTICE of Voluntary Dismissal by Kenneth Charles Shaw Et al., Ira Marion Judge, Charles Anthony Kent, Sr, Roy L Kent, Charles Edward King, Michael Kown, Gerald Joel Lack, Clovile Calvin Lemieux, William Joseph Lemons, Jr, Michael Allen Lively, Eric Logiudice, Michael Rafael Lopez, Edward Fred Malanda, Christopher Burris Et al., Christopher Allen Barnes Et al., Larry Beemer Et al., Stewart Acosta, KENNETH RAY HEBERT, Thomas Martin Et al., Larry German Et al. Notice of Voluntary dismissal by Larry German Et al as to Willard Fredrick Alabran, Esequiel Marez Campos III, Roger Brian Drake, Jimmy Britt Freeman, Douglas Howard Snyder, John Stevens, Bruce A. WIlliams; Notice of Voluntary dismissal by Thomas Martin Et al as to Francis Joseph Bock, Paul Brodowsky, Robert Russell Evans Jr., William Otis Fears, Isaac Henry Fillyaw Jr., Michael Dominick Vanacore; Notice of Voluntary dismissal by Kenneth Charles Shaw Et al as to Jeffrey Michael Byrne, Frederick Espy, Gregory Keith Fluckey, Charles Quentin Fluharty, Willie Mitchell, Kenneth Charles Shaw, Jeffrey Wayne Switzer, Arthur Watson, Steven Lee Wintersteen, Gene Frank Youderian; Notice of Voluntary dismissal by Christopher Allen Barnes Et al as to David Arthur DeBee, Joseph Dextor Peirce V, George David Tamburello; Notice of Voluntary dismissal by Larry Beemer Et al as to Wendell Callaway, Jeremiah Mullins Sr., Robert Watson, Mark Allen Williams; Notice of Voluntary dismissal by Christopher Burris Et al as to Otis Wade Byrd II, Charles Cruver, Thomas Donald Gaertner, Charles Rasico, Charles John Rizzo, Maurice Glen Sutton; WITHOUT PREJUDICEAssociated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Exhibit A - Member Cases
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| Wednesday, May 22, 2024 | ||
| 14 | 14
notice
Notice of Appearance
Wed 05/22 8:04 AM
NOTICE of Appearance by August J Matteis, Jr on behalf of James Bourgeois (Matteis, August) |
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| Monday, February 05, 2024 | ||
| 13 | 13
notice
Notice of Appearance
Mon 02/05 2:38 PM
NOTICE of Appearance by Madison Claire Killen on behalf of Witmer Public Safety Group Associated Cases: 2:18-mn-02873-RMG et al.(Killen, Madison) |
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| 12 | 12
notice
Notice of Appearance
Mon 02/05 2:34 PM
NOTICE of Appearance by Brandon Robert Gottschall on behalf of Witmer Public Safety Group Associated Cases: 2:18-mn-02873-RMG et al.(Gottschall, Brandon) |
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| 11 | 11
notice
Notice of Appearance
Mon 02/05 2:30 PM
NOTICE of Appearance by Mark V Gende on behalf of Witmer Public Safety Group Associated Cases: 2:18-mn-02873-RMG et al.(Gende, Mark) |
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| 10 | 10
misc
Status Report
Mon 02/05 2:17 PM
STATUS REPORT by Witmer Public Safety Group. Associated Cases: 2:18-mn-02873-RMG et al.(Gende, Mark) |
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| Friday, January 26, 2024 | ||
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misc
MDL Member Case Opened
Fri 01/26 2:32 PM
MDL MEMBER CASE OPENED: Alabama Northern (associated as of 1/25/2024), 2:23-cv-01743, Ates et al v. 3M Company, as DSC case 2:24-cv-00392-RMG (sshe, ) |
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| 7 | 7
transfer
Case Transferred In - District Transfer
Fri 01/26 2:29 PM
Case transferred in from District of Alabama Northern; Case Number 2:23-cv-01743. Original file certified copy of transfer order and docket sheet received. |
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| Thursday, January 25, 2024 | ||
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ORDER Transferring Case to MDL Litigation transferring this case to the District of South Carolina for inclusion in MDL 2873; record electronically transferred to Clerk of Court in District of South Carolina. (KAM) [Transferred from Alabama Northern on 1/26/2024.]
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| Thursday, December 21, 2023 | ||
| 5 | 5 TEXT ORDER granting4 Motion for Extension of Time. Defendants' answers are due 28 days after the Judicial Panel on Multidistrict Litigation declines to transfer this action to MDL No. 2873. Signed by Magistrate Judge John H. England, III on 12/21/2023. (CDG) [Transferred from Alabama Northern on 1/26/2024.] | |
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Consent MOTION for Extension of Time
Motion is RIPE 12/21/2023 . Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.
Filed by 3M Company. (Radney, W) [Transferred from Alabama Northern on 1/26/2024.]
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NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) [Transferred from Alabama Northern on 1/26/2024.]
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| 2 | 2
NOTICE of Corporate Disclosure by 3M Company (AKD) [Transferred from Alabama Northern on 1/26/2024.]
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| 1 | 1
NOTICE OF REMOVAL by 3M Company from Circuit Court of Jefferson County, AL, case number 01-CV-2023-904145.00., filed by 3M Company.(AKD) [Transferred from Alabama Northern on 1/26/2024.]
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Att: 1
Exhibit A
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| State Court Complaint deemed filed in Circuit Court of Jefferson County, AL on 11/15/2023. (AKD) [Transferred from Alabama Northern on 1/26/2024.] | ||
| Filing Fee: Filing fee $ 405, receipt_number AALNDC-4495095 (ALND reciept# B-9211). related document1 NOTICE OF REMOVAL by 3M Company from Circuit Court of Jefferson County, AL, case number 01-CV-2023-904145.00., filed by 3M Company.(AKD). (Radney, W) Modified on 12/21/2023 (AKD). [Transferred from Alabama Northern on 1/26/2024.] | ||