This case was last updated from PACER on 12/02/2018 at 07:21:56 (UTC).

City of Dayton v. 3M Company et al

Case Summary

On 10/03/2018 City of Dayton filed a Property - Real Property Product Liability lawsuit against 3M Company. This case was filed in U.S. District Courts, Ohio Southern District. The Judges overseeing this case are Walter H. Rice, Elizabeth Preston Deavers and Edmund A. Sargus. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:18-CV-00331

  • Filing Date:

    10/03/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Real Property Product Liability

  • Court:

    U.S. District Courts

  • Courthouse:

    Ohio Southern District

Judge Details

Referral Judge

Elizabeth Preston Deavers

Presiding Judges

Walter H. Rice

Edmund A. Sargus

 

Party Details

Plaintiff

City of Dayton

Defendants

Buckeye Fire Equipment Company

National Foam, Inc.

3M Company

Tyco Fire Products LP

Chemguard, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

J Pierre Tismo

Attorney at Dyer, Garofalo, Mann & Schultz

131 N. Ludlow Street, Suite 1400

Dayton, OH 45402

Defendant Attorneys

Jonathan P Corwin

Attorney at Vorys, Sater, Seymour and Pease LLP

52 E. Gay St., Po Box 1008

Columbus, OH 43216-1008

Erin Rhinehart

Attorney at Faruki Ireland Cox Rhinehart & Dusing PLL

110 N. Main Street, Suite 1600

Dayton, OH 45402

Donald Jeffrey Ireland

Attorney at Faruki Ireland Cox Rhinehart & Dusing PLL

110 N. Main Street, Suite 1600

Dayton, OH 45402

 

Court Documents

#15

(#15) Corporate Disclosure Statement by Defendants Chemguard, Inc., Tyco Fire Products LP, Johnson Controls International plc identifying Corporate Parent Johnson Controls International plc for Chemguard, Inc... (Ireland, Donald) (Entered: 11/02/2018)

#14

(#14) Corporate Disclosure Statement by Defendants Chemguard, Inc., Tyco Fire Products LP, Johnson Controls International plc identifying Corporate Parent Johnson Controls International plc for Tyco Fire Products LP.. (Ireland, Donald) (Entered: 11/02/2018)

#13

(#13) NOTICE of Appearance by Erin Rhinehart for Defendants Chemguard, Inc., Tyco Fire Products LP (Rhinehart, Erin) (Entered: 11/02/2018)

#12

(#12) NOTICE of Appearance by Donald Jeffrey Ireland for Defendants Chemguard, Inc., Tyco Fire Products LP (Ireland, Donald) (Entered: 11/02/2018)

#11

(#11) ORDER Granting #10 Dfts' Unopposed Joint Motion for Extension of Time until 12/20/2018 to Respond to Complaint. If Dfts' move to dismiss, Plt's may have until 1/25/2019 to respond to that motion. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/30/2018. (sln) (Entered: 10/30/2018)

#10

(#10) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 12/20/2018. by Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. (Corwin, Jonathan) (Entered: 10/30/2018)

#9

(#9) SUMMONS Returned Executed as to Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., and Tyco Fire Products LP. 3M Company served on 10/18/2018, answer due 11/8/2018; Buckeye Fire Equipment Company served on 10/18/2018, answer due 11/8/2018; Chemguard, Inc. served on 10/18/2018, answer due 11/8/2018; National Foam, Inc. served on 10/17/2018, answer due 11/7/2018; Tyco Fire Products LP served on 10/17/2018, answer due 11/7/2018. (jmb) (Entered: 10/22/2018)

#8

(#8) CERTIFICATE of Mailing by Clerk: Certified mail service has been done by the Clerk, U.S. District Court on October 15, 2018. A copy of the complaint, document 1, and summons, document 3, was sent by certified mail to the following locations: CT Corporation System for National Foam, Inc., 4400 EastonCommons Way, Suite 125, Columbus, OH 43219 Article Number (91 7199 9991 70304994 8691) Chemguard, One Stanton St., Marinette, WI, 54143, Article Number(91 7199 9991 7030 4994 8905) Tyco Fire Products, c/o Statutory Agent CT Corporation System, 4400 Easton Commons Way, Suite 125, Columbus, OH 43219, Article Number (91 7199 9991 7030 4994 8684) Buckeye Fire Equipment Company, 110 Kings Rd., Kings Mountain, NC 28086, ArticleNumber (91 7199 9991 7030 4994 8912)3M Company, c/o Statutory Agent Corporation Service Company, 2345 Rice St., Suite 230, Roseville, MN, 55113, Article Number ( 91 7199 9991 7030 4994 8929). (kma) (Entered: 10/15/2018)

#7

(#7) ORDER - The Court STRIKES Plaintiffs summons returns 5 & #6 for noncompliance with the Local Rules. The deadline to respond to the Complaint is VACATED. Signed by Magistrate Judge Elizabeth Preston Deavers on October 15, 2018. (jlk) (Entered: 10/15/2018)

6 #5

Certified Mail Receipt Return Tyco

6 #4

Certified Mail Receipt Return National Foam

6 #3

Certified Mail Receipt Return Chemguard

6 #2

Certified Mail Receipt Return Buckeye

#6

(#6) STRICKEN PER ORDER #7 ***SUMMONS Returned Executed as to Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. All Defendants. (Attachments: #1 Certified Mail Receipt Return 3M, #2 Certified Mail Receipt Return Buckeye, #3 Certified Mail Receipt Return Chemguard, #4 Certified Mail Receipt Return National Foam, #5 Certified Mail Receipt Return Tyco) (Tismo, J) Modified text on 10/15/2018 (jlk). (Entered: 10/12/2018)

1 #3

Summons Form

1 #2

Supplemental Civil Cover Sheet

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6624701), filed by City of Dayton. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Summons Form) (Tismo, J) (Entered: 10/03/2018)

11 More Documents Available

 

Docket Entries

  • 11/02/2018
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  • (#15) Corporate Disclosure Statement by Defendants Chemguard, Inc., Tyco Fire Products LP, Johnson Controls International plc identifying Corporate Parent Johnson Controls International plc for Chemguard, Inc... (Ireland, Donald) (Entered: 11/02/2018)

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  • 11/02/2018
  • View Court Documents
  • (#14) Corporate Disclosure Statement by Defendants Chemguard, Inc., Tyco Fire Products LP, Johnson Controls International plc identifying Corporate Parent Johnson Controls International plc for Tyco Fire Products LP.. (Ireland, Donald) (Entered: 11/02/2018)

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  • 11/02/2018
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  • (#13) NOTICE of Appearance by Erin Rhinehart for Defendants Chemguard, Inc., Tyco Fire Products LP (Rhinehart, Erin) (Entered: 11/02/2018)

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  • 11/02/2018
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  • (#12) NOTICE of Appearance by Donald Jeffrey Ireland for Defendants Chemguard, Inc., Tyco Fire Products LP (Ireland, Donald) (Entered: 11/02/2018)

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  • 10/30/2018
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  • (#11) ORDER Granting #10 Dfts' Unopposed Joint Motion for Extension of Time until 12/20/2018 to Respond to Complaint. If Dfts' move to dismiss, Plt's may have until 1/25/2019 to respond to that motion. Signed by Magistrate Judge Elizabeth Preston Deavers on 10/30/2018. (sln) (Entered: 10/30/2018)

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  • 10/30/2018
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  • (#10) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, New date requested 12/20/2018. by Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. (Corwin, Jonathan) (Entered: 10/30/2018)

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  • 10/22/2018
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  • (#9) SUMMONS Returned Executed as to Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., and Tyco Fire Products LP. 3M Company served on 10/18/2018, answer due 11/8/2018; Buckeye Fire Equipment Company served on 10/18/2018, answer due 11/8/2018; Chemguard, Inc. served on 10/18/2018, answer due 11/8/2018; National Foam, Inc. served on 10/17/2018, answer due 11/7/2018; Tyco Fire Products LP served on 10/17/2018, answer due 11/7/2018. (jmb) (Entered: 10/22/2018)

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  • 10/15/2018
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  • (#8) CERTIFICATE of Mailing by Clerk: Certified mail service has been done by the Clerk, U.S. District Court on October 15, 2018. A copy of the complaint, document 1, and summons, document 3, was sent by certified mail to the following locations: CT Corporation System for National Foam, Inc., 4400 EastonCommons Way, Suite 125, Columbus, OH 43219 Article Number (91 7199 9991 70304994 8691) Chemguard, One Stanton St., Marinette, WI, 54143, Article Number(91 7199 9991 7030 4994 8905) Tyco Fire Products, c/o Statutory Agent CT Corporation System, 4400 Easton Commons Way, Suite 125, Columbus, OH 43219, Article Number (91 7199 9991 7030 4994 8684) Buckeye Fire Equipment Company, 110 Kings Rd., Kings Mountain, NC 28086, ArticleNumber (91 7199 9991 7030 4994 8912)3M Company, c/o Statutory Agent Corporation Service Company, 2345 Rice St., Suite 230, Roseville, MN, 55113, Article Number ( 91 7199 9991 7030 4994 8929). (kma) (Entered: 10/15/2018)

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  • 10/15/2018
  • Termination of Answer due date. (jlk) (Entered: 10/15/2018)

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  • 10/15/2018
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  • (#7) ORDER - The Court STRIKES Plaintiffs summons returns 5 & #6 for noncompliance with the Local Rules. The deadline to respond to the Complaint is VACATED. Signed by Magistrate Judge Elizabeth Preston Deavers on October 15, 2018. (jlk) (Entered: 10/15/2018)

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  • 10/12/2018
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  • (#6) STRICKEN PER ORDER #7 ***SUMMONS Returned Executed as to Defendants 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. All Defendants. (Attachments: #1 Certified Mail Receipt Return 3M, #2 Certified Mail Receipt Return Buckeye, #3 Certified Mail Receipt Return Chemguard, #4 Certified Mail Receipt Return National Foam, #5 Certified Mail Receipt Return Tyco) (Tismo, J) Modified text on 10/15/2018 (jlk). (Entered: 10/12/2018)

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  • 10/12/2018
  • NOTICE re 5 Summons Returned Executed: Document was filed incorrectly by counsel without service and answer dates reflected in the docket text. Counsel is to refile document with service dates and answer dates reflected in docket text. (kma) (Entered: 10/12/2018)

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  • 10/12/2018
  • Notice of Correction re: 4 Certificate of Service: Case Administrator restricted document because it was filed in error by counsel. Document has been regenerated to notify counsel of change. (kma) (Entered: 10/12/2018)

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  • 10/09/2018
  • Chief Judge Edmund A. Sargus and Magistrate Judge Elizabeth Preston Deavers added. Judge Walter H. Rice no longer assigned to case (per the directions of Chief Judge Sargus' chambers and its relation to MDL 2433, this case was directly reassigned to Chief Judge Sargus and Magistrate Judge Deavers). (sem) (Entered: 10/09/2018)

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  • 10/04/2018
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  • (#3) Summons Issued as to 3M Company, Buckeye Fire Equipment Company, Chemguard, Inc., National Foam, Inc., Tyco Fire Products LP. (kma) (Entered: 10/04/2018)

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  • 10/04/2018
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  • (#2) Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorney Paul J. Napoli, Patrick J. Lancotti, Tate J. Kunkle, and Louise R. Caro. (kma) (Entered: 10/04/2018)

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  • 10/04/2018
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  • NOTICE re #1 Complaint: There are additional Plaintiff's counsel listed on supplemental civil cover sheet. Additional counsel must enter a Notice of Appearance to receive notices on the case. (kma) (Entered: 10/04/2018)

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  • 10/04/2018
  • Notice: If case is to be referred it will be assigned to Magistrate Judge Michael J. Newman. (kma) (Entered: 10/04/2018)

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  • 10/03/2018
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  • (#1) COMPLAINT with JURY DEMAND against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-6624701), filed by City of Dayton. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Summons Form) (Tismo, J) (Entered: 10/03/2018)

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