Ausborn 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 #: | 2:23-cv-01354 |
| Nature of Suit | 365 Torts - Personal Injury - Product Liability |
| Cause | 28:1442 Notice of Removal |
| Case Filed: | Apr 05, 2023 |
| Case in other court: | North Carolina Eastern, 5:23-cv-00122 |
| Last checked: Friday Oct 13, 2023 10:35 AM EDT |
|
Defendant
Clariant Corporation
4000 Monroe Road
Charlotte, NC 28205 |
|
|
Defendant
UTC Fire & Security Americas Corporation
|
|
|
Defendant
Tyco Fire Products L.P.
|
Represented By
|
|
Defendant
The Chemours Company FC LLC
|
|
|
Defendant
The Chemours Company
|
|
|
Defendant
Raytheon Technologies Corporation
|
|
|
Defendant
National Foam Inc
Corporation Trust Center 1209 Orange Street
Wilmington, DE 19801 |
|
|
Defendant
Nation Ford Chemical Company
|
|
|
Defendant
Kidde-Fenwal Inc
|
|
|
Defendant
Kidde PLC Inc
|
|
|
Defendant
E.I. DuPont de Nemours and Company
|
|
|
Defendant
Dynax Corporation
|
|
|
Defendant
Dupont De Nemours Inc
|
|
|
Defendant
Deepwater Chemicals Inc
|
|
|
Defendant
Corteva Inc
|
|
|
Defendant
Chubb Fire LTD
|
|
|
Defendant
Chemicals Inc
|
|
|
Defendant
Chemguard Inc
One Stanton Street
Marinette, WI 54143 |
Represented By
|
|
Defendant
ChemDesign Products Inc
|
|
|
Defendant
Carrier Global Corporation
|
|
|
Defendant
Buckeye Fire Equipment Company
110 Kings Road
Mountain, NC 28086 |
|
|
Defendant
BASF Corporation
100 Park Avenue
Florham Park, NJ 07932 |
|
|
Defendant
Arkema Inc
|
|
|
Defendant
Archroma U.S. Inc.
|
|
|
Defendant
AGC Inc
|
|
|
Defendant
AGC Chemical Americas, Inc.
|
|
|
Defendant
3M Company
|
|
|
Plaintiff
John Philip Ausborn
|
Represented By
|
| Docket last updated: 09/16/2024 11:59 PM EDT |
| Thursday, April 06, 2023 | ||
| 17 | 17
service
Summons Issued
Thu 04/06 3:28 PM
Summons Issued as to All Defendants. (sshe, ) |
|
| Wednesday, April 05, 2023 | ||
| 16 | 16 MDL MEMBER CASE OPENED: North Carolina Eastern (associated as of 4/5/2023), 5:23-cv-00122, John Philip Ausborn v. 3M Company et al, as DSC case 2:23-cv-01354-RMG (sshe, ) | |
| 14 | 14
transfer
Case Transferred In - District Transfer
Wed 04/05 1:59 PM
Case transferred in from District of North Carolina Eastern; Case Number 5:23-cv-00122. Original file certified copy of transfer order and docket sheet received. |
|
| Tuesday, April 04, 2023 | ||
| 13 | 13
CONDITIONAL TRANSFER ORDER - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. § 1407 to the District of South Carolina for the reasons stated in the order of December 7, 2018, and, with the consent of that court, assigned to the Honorable Richard M. Gergel. Signed by John W. Nichols, Clerk of the Panel, on 4/3/2023. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| Case transferred to District of South Carolina. File transmitted electronically. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.] | ||
| Monday, April 03, 2023 | ||
| 12 | 12
Document: Text Minute Order - As stipulated in Rule 7.1(c) of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, transmittal of the order has been stayed 7 days to give any party an opportunity to oppose the transfer. The 7-day period has now elapsed, no opposition was received, and the order is directed to the Clerk of the United States District Court for the D. South Carolina for filing. The Panel governing statute, 28 U.S.C. 1407, requires that the transferee clerk transmit a certified copy of the Panel order to transfer to the clerk of the district court from which the action is being transferred. Signed by Clerk of the Panel John W. Nichols on 4/3/2023. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| 11 | 11
Document: Email of Text Order from John W. Nichols, Clerk of MDL Panel regarding MDL No 2873 advising our court of the conditional transfer order filed by the Panel and inasmuch as no objection is pending at this time, the stay is lifted. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| Monday, March 27, 2023 | ||
| 10 | 10
Financial Disclosure Statement by John Philip Ausborn (Evans, Lynwood) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| 9 | 9
Notice of Appearance filed by Lynwood P. Evans on behalf of All Plaintiffs. (Evans, Lynwood) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| Thursday, March 23, 2023 | ||
| 8 | 8
ORDER granting 7 Motion for Extension of Time to Answer regarding 7 Consent MOTION for Extension of Time to File Answer for All Defendants. Counsel is reminded to read the order in its entirety for critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 3/23/2023. A copy of this Order was sent via US mail to Plaintiff's Counsel, Lynwood P. Evans of Ward and Smith, P.A. at 120 West Fire Tower Rd., Winterville, NC 29590; J. Harold Seagle of Seagle Law, PLLC at P. O. Box 15307, Asheville, NC 28813; Scott Summy, Carla B. Pickrel & Jason Julius of Baron & Budd, P.C. at 3102 Oak Lan Avenue, Suite 100, Dallas, TX 75219-428 and Philip F. Cossich, Jr. & Louise R. Caro of Cossich, Sumich, Parsiola & Taylor, LLC at 8397 Highway 23, Suite 100, Bell Chasse, LA 70037 (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| Motion No Longer Referred:7 Consent MOTION for Extension of Time to File Answer. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.] | ||
| Motion Submitted to District Judge Louise Wood Flanagan regarding7 Consent MOTION for Extension of Time to File Answer. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.] | ||
| Wednesday, March 22, 2023 | ||
| Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding7 Consent MOTION for Extension of Time to File Answer. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.] | ||
| Monday, March 20, 2023 | ||
| 7 | 7
Consent MOTION for Extension of Time to File Answer filed by Chemguard, Inc., Tyco Fire Products, LP. (Blake, Christopher) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
|
Att: 1
Text of Proposed Order
|
||
| Friday, March 17, 2023 | ||
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Collins, S.) [Transferred from North Carolina Eastern on 4/5/2023.] | ||
| Tuesday, March 14, 2023 | ||
| 6 | 6
Notice filed by Chemguard, Inc., Tyco Fire Products, LP regarding1 Notice of Removal, (Supplemental Removal Cover Sheet) . (Blake, Christopher) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| 5 | 5
Notice regarding1 Notice of Removal and requirement to make a Notice of Appearance sent to Plaintiff's Counsel, Lynwood P. Evans of Ward and Smith, P.A. at 120 West Fire Tower Rd., Winterville, NC 29590; J. Harold Seagle of Seagle Law, PLLC at P. O. Box 15307, Asheville, NC 28813; Scott Summy, Carla B. Pickrel & Jason Julius of Baron & Budd, P.C. at 3102 Oak Lan Avenue, Suite 100, Dallas, TX 75219-428 and Philip F. Cossich, Jr. & Louise R. Caro of Cossich, Sumich, Parsiola & Taylor, LLC at 8397 Highway 23, Suite 100, Bell Chasse, LA 70037 mailed via US Mail on March 14, 2023. (Rudd, D.) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| NOTICE OF DEFICIENCY regarding1 Notice of Removal: Counsel has failed to attach the Supplemental Removal Cover Sheet as required by Local Rule 5.3(a). This form can be found on the court's website and can be filed using the event Notice - Other. Counsel should add as attachments any other documents required under Local Rule 5.3(a) that have not already been filed. (Rudd, D.) [Transferred from North Carolina Eastern on 4/5/2023.] | ||
| Monday, March 13, 2023 | ||
| 4 | 4
Financial Disclosure Statement by Tyco Fire Products, LP identifying Corporate Parent Johnson Control International plc for Tyco Fire Products, LP. (Blake, Christopher) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| 3 | 3
Financial Disclosure Statement by Chemguard, Inc. identifying Corporate Parent Johnson Control International plc for Chemguard, Inc.. (Blake, Christopher) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| 2 | 2
Notice of Appearance filed by Christopher J. Blake on behalf of Chemguard, Inc., Tyco Fire Products, LP. (Blake, Christopher) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
| 1 | 1
NOTICE OF REMOVAL by Chemguard, Inc., Tyco Fire Products, LP from Vance County Superior Court, case number 23-cvs-124. ( Filing fee $ 402 receipt number ANCEDC-6986189), filed by Chemguard, Inc., Tyco Fire Products, LP. (Blake, Christopher) [Transferred from North Carolina Eastern on 4/5/2023.]
|
|
|
Att: 1
Exhibit A-Vance County summons and complaint,
|
||
|
Att: 2
Civil Cover Sheet
|
||