Marshall et al v. 3M Company et al
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-03025 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1441 Notice of Removal-Product Liability |
| Case Filed: | May 14, 2024 |
| Case in other court: | Alabama Northern, 2:24-cv-00458 |
| Last checked: Sunday Nov 10, 2024 4:06 AM EST |
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Defendant
3M Company
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Defendant
AGC Chemicals Americas Inc
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Defendant
Allstar Fire Equipment
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Defendant
Amerex Corporation
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Archroma US 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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EI Du Pont de Nemours and Company
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Fire Service Plus Inc
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Defendant
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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LN 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
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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
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The Chemours Company
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Tyco Fire Products LP
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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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WL Gore & Associates Inc
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Witmer Public Safety Group
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Plaintiff
George P Keary
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Plaintiff
Mark Kellianen
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William Kelly
234560 MacDougall Correctional Institution 1516 Old Gilliard Road
Ridgeville, SC 29472 |
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Lawrence Kempert
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Patrick Kerley
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Gregory Gerard Kernan
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Ronald Killen
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Ken Kingman
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Jeff Kinkaid
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James J Klegman
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Earl Michael Patrick Knox
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Gary Koch
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Charles Kollar
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Timothy Mickey Kozar
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Stephen John Kubricki
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Bernard Kupiec
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Mark Allen Lain
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John Wayne Lancaster
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Curtis R Landon
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George E Lange
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Randy K Larson
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Janson Lasalle
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Wendy Lattimer
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Michael Lavigne
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Arthur Edward Leecock Jr
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James Legg
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Kenneth Orson Lemos
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Craig Leonard
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Adrienne Lewis
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Donald Libby
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Ryan Lightle
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Plaintiff
Stephen Liptak Jr
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Reuben Little
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Russell W Livingston Sr
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William Lockner
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Jeremy Long
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Michael Long
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Jason Francis Lupiani
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Alan Machiela
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Richard Dale Macy
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Johnathan Maddox
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Albert W Maki
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Michael Malone
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Shawn Manning
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Charles C Marshall
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David Martin
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Michael Martin
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Kelly A Martinez
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Kendel Mays
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James McGregor
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Daniel Lee Mccalmon
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Jessica Mcclellan
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Patrick Mcclellan
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James Mcconnel
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Ronald Lamar Mccrary
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Mark Mcdonald
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Richard Mcgough
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Naomi Mcintosh
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Peter Mckinney
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Henry J Melvin III
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James Paul Meyerhoefer
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David Grant Michael
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Seddrick Miley
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Pat Miller
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Sherlock Miller
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Steve Miller
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William Miller Jr
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Vahl Mills
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Michael Allen Milner
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Gregory Mims
421 Seccession St
Abbeville, SC 29620 |
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Donna Molleur
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Daniel Money
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Howard Montaigne Jr
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Corry Moore
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Randall Perry Moore
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Robert Moore
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Timothy Lee Moose
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Daniel Jason Morgan
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Donald Morley
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Matthew P Morrow
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Dora Jane Mose
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Isidoro Munoz
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Brian P Murphy
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Wunnie Murray Jr
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Richard Nance
Greenville County Detention Center 20 McGee Street
Greenville, SC 29601 |
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Richard Needham
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Jeffrey Nelson
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Craig Newsome
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Jerald Norvell
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Ronald Nuzzolo
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George O'gar
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Alan J O'neal Jr
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Daniel O'neill
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Jordan Oakes
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Shanneal Ocular
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Robert W Oliver
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William L Oliver
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Joseph Oravitz
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Bruce Owens
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Sheree Owens
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Patrick Palifka
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Peter Anthony Palluccio
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Trevor Palmer
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Kenneth Harvey Parker
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Robert Parker
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Roy Elliot Pearl
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Clarence Perry
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Ronald Perry
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Sherman Peters
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David Peterson
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Daniel Pierce
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John Piskura
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Andrew Plumlee
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Isaac Poling
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Rudolph Postell
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Fard Potts
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Kendra D Powell
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Paul W Pownall
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Eddie T Prewitt
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Dennis E Pringle
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Charles Propes
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Jeff La Viola
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| TERMINATED PARTIES | |
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Plaintiff
Harold W Longacre
Terminated: 10/17/2024
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| Docket last updated: 5 hours ago |
| Monday, January 27, 2025 | ||
| 22 | 22
5
pgs
order
Order on Motion to Dismiss
Mon 01/27 1:56 PM
ORDER This Order Relates to 2:24-cv-03027; 2:24-cv-03026; 2:24-cv-03025; 2:24-cv-03024; 2:24-cv-02971; 2:24-cv-03392; 2:24-cv-03127; 2:24-cv-03194. The Defendants' motion to dismiss the claims of the Plaintiffs listed in Exhibit A (Dkt. No. 6472-1) for failure to serve executed and completed Turnout Gear Plaintiff Fact Sheets (Dkt. No. 6472 in case 2:18-mn-02873-RMG; (18) in case 2:24-cv-03024-RMG; (18) in case 2:24-cv-03025-RMG; (20) in case 2:24-cv-03026-RMG; (16) in case 2:24-cv-03027-RMG; (12) in case 2:24-cv-03194-RMG; (4) in case 2:24-cv-02971-RMG; (8) in case 2:24-cv-03127-RMG; (10) in case 2:24-cv-03392-RMG) is GRANTED-IN-PART and DENIED-IN-PART. The claims of the Plaintiffs listed in Plaintiffs Exhibit A (Dkt. No. 6523-1) and in footnote 2 to Defendants' reply (Dkt. No. 6580 at 1) remain. The claims of the remaining Plaintiffs listed in Defendants Exhibit A (Dkt. No. 6421-1) are dismissed without prejudice, subject to reinstatement upon the service of executed and completed PFS pursuant to the procedure set forth in CMO No. 5, paragraphs 22 through 26. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 1/27/2025.Associated Cases: 2:18-mn-02873-RMG et al.(sshe, ) |
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| Friday, December 27, 2024 | ||
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respm
Response in Opposition to Motion
Fri 12/27 5:57 PM
RESPONSE in Opposition re (18 in 2:24-cv-03025-RMG, 10 in 2:24-cv-03392-RMG, 6472 in 2:18-mn-02873-RMG, 18 in 2:24-cv-03024-RMG, 8 in 2:24-cv-03127-RMG, 12 in 2:24-cv-03194-RMG, 20 in 2:24-cv-03026-RMG, 16 in 2:24-cv-03027-RMG, 4 in 2:24-cv-02971-RMG) MOTION to Dismiss For Failure to Serve Turnout Gear Plaintiff Fact Sheets , Scott Anderchin, BJ Barnes, Nathan Barnwell, Kristen Margaret Baucas, Jeffrey Beal, Drexel Biddle, Keith Buford, Sr., Eugene Charles, Stanley Crayton, William Cruz, Response filed by Douglas Anthony Ross, Martin Ruffin, Rashad Sallee, Melvin Sanders, Tammy L Schieber, James Schwecke, Gary Ray Sessions, Cindy Marie Sheppard, Robert Skiber, James Skinner, Carl Dennis Smith, Conrad Stoutamire, William Lloyd Stern Jr, James Matthew Stillwell, Michael D Reed Sr, Cary Joe Suitt, Keith Taylor, Brian Thomas, Donte Maurice Thomas, Timothy Alan Topor, Henry Ray Torrez, Robert Reynolds, Steve Turpin, Joe Villanueva, Etta C Washington, Jonathan Watkins, Nicholas Rhodes, Sean Westerlund, Daniel W Wilborn III, Aaron Richardson, Marshall Woods, Shawn Wootten, Hugh Wright, Mark Scott Rieman, Tarvara Robertson, Demario Robinson, Jose Rodriguez, William Kelly, Russell W Livingston Sr, William Lockner, Alan Machiela, Lawrence Kempert, Michael Martin, Jessica Mcclellan, Patrick Mcclellan, Ronald Lamar Mccrary, Mark Mcdonald, James McGregor, David Grant Michael, Sherlock Miller, Vahl Mills, Michael Allen Milner, Gregory Mims, Timothy Lee Moose, Donald Morley, Wunnie Murray Jr, Richard Nance, Jeffrey Nelson, Jerald Norvell, George O'gar, Robert W Oliver, Daniel O'neill, Bruce Owens, Sheree Owens, James J Klegman, Roy Elliot Pearl, Earl Michael Patrick Knox, Isaac Poling, Fard Potts, Kendra D Powell, Dennis E Pringle, George P Keary, Jeff La Viola, Mark Allen Lain, Janson Lasalle, Wendy Lattimer, Jackie L. Fears, Danny Allen Ferguson, Christopher Fernandez, Robert Ferriera, Brian Fraser, Carlton Freeman, Fred Frey, Gregory Dale Frykman, Matthew T. Dillon, Matthew Gargagliano, Keith Gerlach, Maurice Diluzio, Ronald Graham, Wayne Michael Granit, James P. Halpin, Sr, Byron Hardman, Nicholas Wendel Harper, Langston Harrell, Gregory Harte, Charles Hartley, Quinton Heard, Eric Henley, Christopher Hernandez, Bobbi Hood, Kenyatta Hunter, Antwan James, Donald James, Donald C. Jasch, Lareta Jenkins, Milton Ray Jennings, Calvin Bernard Johnson, Keith Jones, Tierney Jones, Eddie Wesley Edwards, Robert E Elmore, Timothy Bauer, Matthew Beard, Mark Beebe, David Allen, Michel Berenson, James Richard Allen, Albert Bowmaster, Richard Bradley, Bobby Brown, Edward Brown, Trevor Clayton Bruce, Curtis Bryan, James T Bryson, Jr, Terrence Burgess, Johnna Butler, Richard Callihan, Robert Campbell, Tracey Casselman, Raymond C Balcer, Jr, Acie Catron, Mark Chaussee, Crockett Anderson, James Clark, Mioshi Collins, Paul Conway, John Anderson, James Joseph Cordova, Frank Corso, Keith Anderson, Robert Ayala, Blaine Baker, Jaran Ball, Bradley J Banks, Jody Yerg, Tammie Newsome, Dennis Starks, Matthew Walker, Christopher Bilancione, David Draper, Michael Flaherty, Benjamin Grosvenor, Gale Scott Kerkeski, Jason P Ramey.Reply to Response to Motion due by 1/3/2025 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6.Associated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Exhibit A-Produced,
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Att: 2
Exhibit Exhibit B- In Progress,
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Att: 3
Exhibit Exhibit C-Dismissed
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| Thursday, December 26, 2024 | ||
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notice
Notice of Voluntary Dismissal
Thu 12/26 7:34 PM
NOTICE of Voluntary Dismissal by Brian Thomas, Jonathan Watkins, Aaron Richardson, Marshall Woods, Jose Rodriguez, Lawrence Kempert, Jerald Norvell, Kendra D Powell, Wendy Lattimer, Maurice Diluzio, Byron Hardman, Eric Henley, Christopher Hernandez, Richard Bradley, Acie Catron, John Anderson, Jaran Ball Nathan Barnwell, and David Spottsyl Draper without prejudiceAssociated Cases: 2:18-mn-02873-RMG et al.(Anderson, Gary) |
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Att: 1
Exhibit Exhibit A
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| Thursday, December 19, 2024 | ||
| 19 | 19
notice
Notice of Voluntary Dismissal
Thu 12/19 1:42 PM
NOTICE of Voluntary Dismissal by Martin Ruffin, Rashad Sallee, Melvin Sanders, James Schwecke, Gary Ray Sessions, Cindy Marie Sheppard, Robert Skiber, James Skinner, Michael D Reed Sr, Cary Joe Suitt, Keith Taylor, Donte Maurice Thomas, Timothy Alan Topor, Steve Turpin, Joe Villanueva, Etta C Washington, Nicholas Rhodes, Sean Westerlund, Hugh Wright, Tarvara Robertson, Demario Robinson, Russell W Livingston Sr, Michael Martin, Jessica Mcclellan, Mark Mcdonald, James McGregor, Vahl Mills, Michael Allen Milner, Gregory Mims, Timothy Lee Moose, Wunnie Murray Jr, Richard Nance, Jeffrey Nelson, William L Oliver, Sheree Owens, James J Klegman, Earl Michael Patrick Knox, Fard Potts, Dennis E Pringle, Jeff La Viola, Janson Lasalle, Matthew T. Dillon, Eddie Wesley EdwardsAssociated Cases: 2:18-mn-02873-RMG, 2:24-cv-03024-RMG, 2:24-cv-03025-RMG, 2:24-cv-03026-RMG(Anderson, Gary) |
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Att: 1
Exhibit Member Cases
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| Friday, December 13, 2024 | ||
| 18 | 18
motion
Dismiss
Fri 12/13 4:39 PM
MOTION to Dismiss For Failure to Serve Turnout Gear Plaintiff Fact Sheets by W.L. Gore & Associates. Response to Motion due by 12/27/2024. 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 et al.(Cheffo, Mark) |
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Att: 1
Ex. A to MTD Failure to Provide TOG PFS - Environmental Litigation Group and Solomon Law Group,
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Att: 2
Ex. B - 9.25.2024 Letter - ELG,
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Att: 3
Ex. C - 9.25.2024 Letter - SLG
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| Thursday, December 05, 2024 | ||
| 17 | 17
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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| Thursday, October 17, 2024 | ||
| 16 | 16
notice
Notice of Voluntary Dismissal
Thu 10/17 9:16 AM
NOTICE of Voluntary Dismissal by Lester Budden Et al., Somone Solomon, John P Morin, Robert Paulin, Jason Randle, Claude Roberts, Jeffrey Scoggins, Arthur Ellis, Jr, Lawrence Hays, Jerie Fletcher, Gerard Hayes, Stuart Packer, Jerol Smith, Kenneth Swinehart, Joseph Michauskas Et al., James Beal, Glenn Howard, Charles Edward Jones, Earl Evans, Harold W Longacre, Paul Beale, Marvin Joe Davis, Ronald Caleb White, Christopher Colvin, Robert Bruce Barron, Daniel Green, Eric Nilson Et al. Olie Olesen as to Nilson, et al; John Woodall as to Jones, et al; Timothy Borland as to Budden, et al; Keith Bluestein as to Michauskas, et al; Jeffrey Calhoun as to Michauskas, et al; David Coy as to Michauskas, et al; Donald LeHew as to Colvin, 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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| Monday, September 09, 2024 | ||
| 15 | 15
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, August 27, 2024 | ||
| 14 | 14
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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| 13 | 13
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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| 12 | 12
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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| 11 | 11
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 | ||
| 10 | 10
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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| Friday, June 21, 2024 | ||
| 9 | 9
notice
Notice of Appearance
Fri 06/21 11:34 AM
NOTICE of Appearance by August J Matteis, Jr on behalf of Clarence Perry, Dennis E Pringle(Matteis, August) |
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Att: 1
Exhibit
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| Thursday, May 16, 2024 | ||
| 8 | 8
misc
MDL Member Case Opened
Thu 05/16 9:45 AM
MDL MEMBER CASE OPENED: Alabama Northern (associated as of 5/14/2024), 2:24-cv-00458, Marshall et al v. 3M Company et al, as DSC case 2:24-cv-03025-RMG (sshe, ) |
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transfer
Case Transferred In - District Transfer
Thu 05/16 9:43 AM
Case transferred in from District of Alabama Northern; Case Number 2:24-cv-00458. Original file certified copy of transfer order and docket sheet received. |
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| Tuesday, May 14, 2024 | ||
| 5 | 5
ORDER of Judicial Panel on Multidistrict 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 5/16/2024.]
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| Friday, April 19, 2024 | ||
| 4 | 4 TEXT ORDER granting the unopposed3 Motion for Extension of Time. Defendants are ORDERED to respond to the complaint within 28 days after the Judicial Panel on Multidistrict Litigation renders a final decision concerning the transfer of this action to the In re: Aqueous Film-Forming Foams Products Liability Litigation, MDL No. 2873. Signed by Magistrate Judge Gray M. Borden on 04/19/2024. (SUH) [Transferred from Alabama Northern on 5/16/2024.] | |
| Thursday, April 18, 2024 | ||
| 3 | 3
Unopposed MOTION for Extension of Time 3M Company's Unopposed Initial Motion for Extension of Time by 3M Company. (Radney, W) [Transferred from Alabama Northern on 5/16/2024.]
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| Friday, April 12, 2024 | ||
| Filing Fee: Filing fee $ 405, receipt_number AALNDC-4569523. related document1 NOTICE OF REMOVAL filed by 3M Company from Circuit Court of Jefferson County, Alabama, case number 01-CV-2024-901005.(KNS). (Radney, W) Modified on 4/15/2024.ALND rec#B11043 (KAM). [Transferred from Alabama Northern on 5/16/2024.] | ||
| Thursday, April 11, 2024 | ||
| 2 | 2
NOTICE of Corporate Disclosure Statement by 3M Company. (KNS) [Transferred from Alabama Northern on 5/16/2024.]
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| 1 | 1
NOTICE OF REMOVAL filed by 3M Company from Circuit Court of Jefferson County, Alabama, case number 01-CV-2024-901005.(KNS) [Transferred from Alabama Northern on 5/16/2024.]
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Att: 1
Exhibit A,
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Att: 2
Civil Cover Sheet
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