UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

LIABILITY LITIGATION 

This Document Relates to All Cases 

Case No. 3:19-md-2885-MCR-HTC 

Judge M. Casey Rodgers 

Magistrate Judge Hope T. Cannon

3M COMBAT ARMS EARPLUG MDL JOINT MOTION AND 

STIPULATION REGARDING RELEASE OF MATERIALS 

RELATING TO HAMERY AND DANCER’S DEPOSITIONS 

WHEREAS, on July 29, 2020, the Court granted Plaintiffs’ and Defendants’ 

separate motions to issue letters of request for international judicial assistance (the 

“Letters”) pursuant to the Hague Convention of 18 March 1970 on the Taking of 

Evidence Abroad in Civil or Commercial Matters (the “Hague Convention”), see 

MDL Dkt. 1288; 

WHEREAS, the depositions of Pascal Hamery and Armand Dancer were 

conducted pursuant to the Letters approved by the Court, see id.; 

WHEREAS, “the Court recently received the deposition transcripts from the 

French authorities,” see MDL Dkt. 3612; 

WHEREAS, the Court has required “a joint motion requesting release of the 

materials” prior to releasing “these materials,” see id.; 

WHEREAS, to the Parties’ knowledge, the French authorities have not placed 

any restrictions on the use of the deposition transcripts following the satisfaction of 

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the Hague Convention, and the Hague Convention itself does not impose any such 

restrictions; 

WHEREAS, the Parties agree that these materials are subject to the Protective 

Order in the MDL, Dkt. 442, and acknowledge that the deponents’ counsel has 

designated as “confidential” any information about the home addresses, phone 

numbers, and emails for Hamery and Dancer; 

THE PARTIES ACCORDINGLY MOVE FOR AND STIPULATE TO THE 

FOLLOWING: 

1. The Parties request that the Court order production (the “Order”) of “the 

materials” it received from the French authorities relating to Hamery and Dancer’s 

depositions—including all correspondence, the deposition transcripts, exhibits 

thereto, and any instructions relating to the same—to the Parties and all counsel of 

record to the 3M Combat Arms Earplug MDL. 

2. The Court shall email the undersigned counsel copies of “the materials” 

it received from the French authorities relating to Hamery and Dancer’s depositions. 

3. The undersigned counsel may provide the materials received from the 

Court to counsel of record and the Parties to the 3M Combat Arms Earplug MDL, 

including by uploading the same to MDL Centrality. 

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DATED: January 26, 2023 Respectfully submitted, 

/s/ Bryan F. Aylstock 

Bryan F. Aylstock, Lead Counsel 

Aylstock, Witkin, Kreis & Overholtz, 

PLLC 

17 East Main Street Suite 200 

Pensacola, FL 32502 

Tel.: (850) 202-1010 

baylstock@awkolaw.com 

Shelley V. Hutson, Co-Lead Counsel 

Clark, Love & Hutson, GP 

440 Louisiana Street 

Suite 1600 

Houston, TX 77002 

Tel.: (713) 757-1400 

shutson@triallawfirm.com 

Christopher A. Seeger, Co-Lead 

Counsel 

Seeger Weiss LLP 

77 Water Street 

8th Floor 

New York, NY 10005 

Tel.: (212) 587-0700 

cseeger@seegerweiss.com 

Michael A. Burns, Co-Liaison Counsel 

Mostyn Law Firm 

3810 W. Alabama Street 

Houston, TX 77027 

Tel.: (713) 714-0000 

maburns@mostynlaw.com 

Brian H. Barr, Co-Liaison Counsel 

Levin, Papantonio, Thomas, Mitchell, 

Rafferty, & Proctor, P.A. 

316 S Baylen St. Ste 600 

Pensacola, FL 32502

s/ Kimberly Branscome 

Kimberly Branscome 

Jay Bhimani 

Dechert LLP 

633 W. 5th St., Suite 4900 

Los Angeles, CA 90071 

Telephone: (213) 808-5762 

kimberly.branscome@dechert.com 

jay.bhimani@dechert.com 

 

Jonathan Tam 

Dechert LLP 

One Bush Street 

San Francisco, CA 94104 

Telephone: (415) 262-4518 

jonathan.tam@dechert.com 

 

Counsel for Defendant 3M Company 

Case 3:19-md-02885-MCR-HTC Document 3649 Filed 01/26/23 Page 3 of 5
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Tel.: (850) 435-7045 

bbarr@levinlaw.com 

Counsel for Plaintiffs 

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CERTIFICATE OF SERVICE 

The undersigned hereby certifies that on January 26, 2023, a true and correct 

copy of the foregoing was electronically filed via the Court’s CM/ECF system, 

which will serve all counsel of record. 

Dated: January 26, 2023 Respectfully submitted, 

/s/ Kimberly Branscome 

Kimberly Branscome 

Counsel for Defendant 3M Company 

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