UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

 PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS EARPLUG Case No. 3:19-md-2885-MCR/GRJ

PRODUCTS LIABILITY LITIGATION 

LLOYD BAKER

VS USDC NO. 7:20cv39-MCR/GRJ

USCA NO. _____________ 

3M COMPANY and

AEARO TECHNOLOGIES LLC

 TRANSMITTAL OF NOTICE OF APPEAL

The following documents are hereby transmitted to the Clerk, U. S. Court of Appeals.

The copy of the appeal notice, docket entries, judgment/opinion/order appealed from 

are enclosed.

First Appeal Notice. 

The appellate docket fee paid. Date paid: 7/15/2021

Judge appealed from: M. Casey Rodgers

Court Reporter(s): Donna Boland

JESSICA J. LYUBLANOVITS,

CLERK OF COURT

By: Donna Bajzik

Deputy Clerk 

One North Palafox Street

July 15, 2021 Pensacola, Florida 32502-5658

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 1 of 43
 1 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

LIABILITY LITIGATION 

) 

) 

) 

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

) Judge M. Casey Rodgers 

This Document Relates to: 

Lloyd Baker

Civil Case No. 7:20-cv-00039 

) 

) 

) 

) 

Magistrate Judge Gary R. Jones

NOTICE OF APPEAL 

 Notice is hereby given that Kimberly O. Branscome and Jay L. Bhimani, 

counsel for Defendants 3M Company and Aearo Technologies LLC in the abovecaptioned case, hereby appeal to the United States Court of Appeals for the 

Eleventh Circuit from: 

(1)the Court’s June 18, 2021 oral ruling imposing sanctions against Ms. 

Branscome and Mr. Bhimani, see ECF No. 180; and 

(2)the Court’s June 22, 2021 written Order reflecting the Court’s findings 

relating to the imposition of the sanctions against Ms. Branscome and Mr. 

Bhimani, see ECF No. 187. 

 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 2 of 43
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Respectfully Submitted, 

MOORE, HILL & WESTMORELAND, P.A. 

By:/s/ Charles F. Beall, Jr. 

 Larry Hill (Bar No. 173908) 

 Charles F. Beall, Jr. (Bar No. 66494) 

 Haley J. VanFleteren (Bar No. 1003674) 

 350 West Cedar Street 

 Maritime Place, Suite 100 

 Pensacola, FL 32502 

 Tel: (850) 434-3541 

 lhill@mhw-law.com 

 cbeall@mhw-law.com 

 hvanfleteren@mhw-law.com 

 Counsel for Kimberly O. Branscome 

 and Jay L. Bhimani 

CERTIFICATE OF SERVICE

I hereby certify that on July 15, 2021, I caused a copy of the foregoing to be 

filed through the Court’s CM/ECF system, which will serve all counsel of record.

 /s/ Charles F. Beall, Jr. 

 Charles F. Beall, Jr. 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 3 of 43
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

 Case No. 3:19md2885 

LIABILITY LITIGATION 

This Document Relates to: 

Lloyd Baker, 7:20cv039 

 

Judge M. Casey Rodgers 

Magistrate Judge Gary R. Jones 

ORDER 

On June 18, 2021, the Court entered an oral ruling from the bench in 

connection with the document attached as Exhibit A. Accordingly, the document is 

hereby made a part of the record in this case. 

SO ORDERED, on this 21st day of June, 2021. 

M. Casey Rodgers 

M. CASEY RODGERS 

 UNITED STATES DISTRICT JUDGE 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 4 of 43
Exhibit A 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 5 of 43
35

Mr. McKinley Mr. McKinley

Q. Are you aware of anybody in the world 

that has ever done an EPA labeling test 

on the Combat Arms Version 2 other than the company that sold it? 

A. So, the -- there was an EPA labeling 

test that was done by Paul Michael and then later Kevin Michael's laboratory. They have an independent laboratory very near Penn State. 

***

Q. We’ll come back to that. The NRR is 23

DIRECT CROSS

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 6 of 43
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION 

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

 Case No. 3:19md2885 

LIABILITY LITIGATION 

This Document Relates to: 

Lloyd Baker, 7:20cv039 

 

Judge M. Casey Rodgers 

Magistrate Judge Gary R. Jones 

ORDER1

Over the course of the three bellwether trials in this litigation, few pieces of 

evidence have been more hotly contested than the results of testing performed on the 

CAEv2 by Kevin Michael’s laboratory, Michael & Associates, Inc.—most 

significantly, its reported conclusion that the NRR for the closed end of the CAEv2 

equaled 23. Before Plaintiff Lloyd Baker’s trial, the Court granted Baker’s motion 

in limine to exclude evidence or argument regarding the Michael’s test reports on 

grounds that the reports constituted inadmissible hearsay and, in any event, the risk 

of unfair prejudice and juror confusion from admission of the reports substantially 

outweighed their probative value. However, consistent with rulings on the matter in 

the prior trials, the parties were permitted to use the Michael’s test reports in 

1

 On June 18, 2021, the Court summarily imposed sanctions against Kimberly O. 

Branscome, Esq. and Jay L. Bhimani, Esq. based on their willful violation of court orders, for the 

reasons stated on the record at that time. This Order further memorializes the Court’s findings and 

the imposition of sanctions. ECF No. 180 is also a part of the record for purposes of this ruling. 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 7 of 43
Page 2 of 8 

examining experts on the bases for the opinions about the CAEv2. Numerous times 

during Baker’s trial, 3M used the Michael’s test reports—and, in particular, 

Michael’s conclusion that the NRR equaled 23—for this purpose. Each time, the 

Court instructed the jury: (1) that the Michael’s testing and its results were 

inadmissible hearsay; (2) that they could not consider the testing or the results for 

the truth; and (3) that they could only consider those materials in evaluating whether 

and why an expert did or did not rely on the materials in reaching his opinions. In 

other words, throughout the pretrial and trial proceedings for Baker’s case, the 

permissible uses of the Michael’s testing and its results were specifically, 

unambiguously, and repeatedly made clear to all parties and their counsel. 

At the parties’ request on the last day of Baker’s trial, the Court held an 

attorney conference to discuss outstanding objections to demonstratives that would 

be used in closing arguments. Defense counsel Kimberly O. Branscome was not 

present for the conference; however, Jay L. Bhimani, her co-counsel, represented 

that he was prepared to discuss the objections on behalf of 3M. The key dispute 

involved a slide that was disclosed by 3M the night before, which prominently 

displayed an image of the Michael’s test results along with a separate, enlarged and 

bolded statement that “The NRR is 23.” See ECF No. 180 at 3. Baker argued that 

the statement, “The NRR is 23,” was clearly being offered for truth. Initially, the 

Court agreed that the statement looked like hearsay and that it was being used for 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 8 of 43
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truth—that is, that the statement was being offered to establish that the NRR for the 

CAEv2 was, in fact, 23. Nevertheless, after hearing from Mr. Bhimani, the Court 

ruled, in no uncertain terms, that “if Ms. Branscome makes clear in her closing that 

this is not being offered for the truth that the NRR was 23, then I’m fine with it. If 

not, it’s not coming in.” Mr. Bhimani responded, “Understood.” One minute later, 

the Court repeated that ruling again in the context of a discussion about another slide 

depicting the Michael’s test results: “If Ms. Branscome makes it clear to the jury 

that they cannot consider the NRR of 23 for the truth, then I’m okay with the slide. 

If not, I’m not okay with the slide, whether it’s the first slide you showed me or some 

other slide.” 

During her closing argument, Ms. Branscome violated this ruling three times, 

one of which also violated the Court’s ruling on the related motion in limine. First, 

she offered the Michael’s testing and its results—together with the demonstrative 

slide depicting the enlarged and bolded statement that “[t]he NRR for the CAEv2 

was 23”—for truth.2

 Second, she did not immediately explain to the jury that they 

2 See, e.g., Baker Trial Transcript Volume 10 at 100 (“An independent laboratory tested 

the Combat Arms Earplug Version 2 using the exact same method as the 015 and the 017 tests and 

it got an NRR of 23. The plaintiffs are saying that an NRR of 22 is fraud. That’s the claim, it’s 

fraud, that’s what they’re saying. And an independent laboratory got a 23.”); id. at 100 (You saw 

a slide from Mr. Buchanan that the 22 has never been replicated. Those are the different ones up 

there actually using different test methods. But it has been replicated. It was replicated by another 

laboratory that you heard from Dr. Casali tests the vast majority of commercial hearing protection 

devices in the United States, and that’s when the attacks on Kevin Michael began.”); id. at 100-01 

(“And just use your common sense. Do you think a competitor hired Michael & Associates to get 

a high NRR on a competitor’s product?”). 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 9 of 43
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could not “consider the NRR of 23 for the truth.” Following these two violations, 

the Court waited until Ms. Branscome moved past the slide so as not to inject itself 

into 3M’s closing argument and further disrupt the proceedings, and then called 

counsel to the bench. During the bench conference, the Court admonished Ms. 

Branscome for talking about the NRR of 23 “in terms of the truth,” and specifically 

and unequivocally reiterated its earlier ruling that 3M had to tell the jury that “they 

cannot consider the 23 for the truth.” Ms. Branscome assured the Court that she 

would rectify the violation. Inexplicably, she did not do so. Instead, she vaguely 

and ambiguously alluded to the Michael’s “testing” as a “unique evidence category 

. . . called hearsay,” and proceeded to give a lengthy explanation of the concept of 

hearsay. At no point did Ms. Branscome mention the one statement with which the 

Court was concerned during the bench conference and the morning attorney 

conference—i.e., “The NRR is 23—which had already been the subject of multiple 

rulings and jury instructions, and which she had repeatedly offered for truth just 

moments before. Consequently, the Court was compelled to interrupt Ms. 

Branscome’s closing argument, yet again, to instruct the jury that while she was 

“absolutely correct” in her general description of hearsay, they needed to understand 

that they “may not consider the NRR of 23 on the Michael study for the truth.” 

A district court has the inherent authority and responsibility to summarily 

punish misconduct that it observes committed in its presence. Pounders v. Watson, 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 10 of 43
Page 5 of 8 

521 U.S. 982, 987-90 (1997). Summary adjudication of misconduct involving the 

violation of court orders during an ongoing trial is paramount to preserving the 

integrity of the court, ensuring the orderly and fair administration of justice, and 

deterring further such violations of court orders. See id.; see also Int’l Union, United 

Mine Workers of Am. v. Bagwell, 512 U.S. 821, 831 (1994) (“Courts independently 

must be vested with power to impose . . . submission to their lawful mandates, and 

to preserve themselves and their officers from the approach and insults of 

pollution.”). This Court would never have imagined that a summary sanction would 

become necessary in litigation of this nature and magnitude, particularly given the 

caliber of the attorneys on both sides. However, after defense counsel’s multiple 

violations of the Court’s explicit, unambiguous and repeated directives both before 

and during her closing argument, there was no other option. 

Here, the Michael’s laboratory’s conclusion that the NRR for the closed end 

of the CAEv2 equaled 23 was a highly contentious and prejudicial piece of evidence. 

Perhaps the Court should have excluded the Michael’s conclusion entirely, given the 

potential for misuse; but the Court decided to err on the side of liberality and of 

trusting counsel to adhere to the specific conditions attached to its use. Those 

conditions were clear and unequivocable. Every ruling and jury instruction on the 

issue, whether in a written order or issued orally from the bench and memorialized 

in the trial transcript, was categorically and unambiguously directed at ensuring the 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 11 of 43
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jury understood it was prohibited from considering the Michael’s conclusion that the 

NRR equaled 23 for its truth. Moreover, both Mr. Bhimani and Ms. Branscome 

were explicitly instructed that if Ms. Branscome chose to use the disputed slide 

during her closing argument—the slide depicting an enlarged and bolded statement 

that “[t]he NRR for the CAEv2 was 23”—she must tell the jury that they could not 

consider that the reported NRR of 23 for the truth. The Court’s directives left no 

room for interpretation as to what was required. 

On this record, defense counsels’ conduct cannot be reasonably construed as 

anything other than willful. Ms. Branscome has many years of trial experience, 

including serving as lead trial counsel in complex mass torts and products liability 

litigation. Mr. Bhimani, too, is a seasoned trial attorney and has litigated a wide 

range of complex legal matters. Both attorneys are demonstrably well-versed in the 

rules of evidence and trial procedure. Both attorneys should be aware of the wellestablished obligation of an attorney to obey all orders of the court, even those that 

he or she may feel are incorrect.3

 Mr. Bhimani was present for the morning attorney 

conference at which the Court ruled on the parties’ dispute over the slide to be used 

in Ms. Branscome’s closing argument. Both attorneys had full and immediate access 

3 See Maness v. Meyers, 419 U.S. 449, 458 (1975) (“[A]ll orders and judgments of courts 

must be complied with promptly. If a person to whom a court directs an order believes that that 

order is incorrect the remedy is to appeal, but, absent a stay, he must comply promptly with the 

order pending appeal.”). 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 12 of 43
Page 7 of 8 

to the real-time transcript of the attorney conference, and ample opportunity to 

review that transcript before the undersigned returned to the courtroom. Either 

attorney could have sought clarification of the Court’s ruling, if needed, just as they 

had meticulously done countless times over the preceding two weeks of trial. 

Neither did so. Instead, Ms. Branscome argued the Michael’s NRR of 23 as a matter 

of fact to the jury in closing and twice failed to instruct the jury that they could not 

consider that evidence for its truth. There is but one reasonable inference to be 

drawn from those actions, given the knowledge and experience of both attorneys, 

their course of conduct during the trial, and the specificity and unequivocality of the 

Court’s rulings—counsels’ actions were willful. 

And there was but one appropriate sanction—summary disposition. Unless 

the Court took a significant, essentially immediate step to deter counsels’ willful 

disregard of its evidentiary and demonstrative rulings, this extraordinarily 

complicated trial, and the broader multidistrict litigation, risked becoming 

unmanageable. Any number of the multitude of attorneys involved in this litigation, 

including Ms. Branscome and Mr. Bhimani, may feel free to defy the Court, based 

solely on a distorted and thinly veiled misconstruction of the Court’s specific and 

unambiguous directives. Summary sanctions were necessary to preserve the orderly 

and fair administration of justice in the courtroom, protect the integrity and authority 

of the Court, and deter future violations of court orders. 

Case 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 13 of 43
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Accordingly, consistent with the Court’s summary disposition of defense 

counsel’s willful violation of court orders on June 18, 2021, and for the reasons 

stated on the record at that time and in the body of this Order, sanctions in the amount 

of $10,000 are imposed against Kimberly O. Branscome, Esq., and sanctions in the 

amount of $2,000 are imposed against Jay L. Bhimani, Esq. The payments must be 

deposited into the registry of the Court by July 19, 2021. 

SO ORDERED, on this 22nd day of June, 2021. 

M. Casey Rodgers 

M. CASEY RODGERS 

 UNITED STATES DISTRICT JUDGE 

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Query Reports Utilities Help Log Out

CLOSED,APPEAL,3M,MDL

U.S. District Court

Northern District of Florida (Pensacola Overflow One)

CIVIL DOCKET FOR CASE #: 7:20-cv-00039-MCR-GRJ

BAKER v. 3M COMPANY et al

Assigned to: JUDGE M CASEY RODGERS

Referred to: MAGISTRATE JUDGE GARY R JONES

Lead case: 3:19-md-02885-MCR-GRJ

Member case: (View Member Case)

Cause: 28:1332 Diversity-Product Liability

Date Filed: 01/17/2020

Date Terminated: 06/21/2021

Jury Demand: Plaintiff

Nature of Suit: 365 Personal Inj. Prod.

Liability

Jurisdiction: Diversity

Plaintiff

LLOYD EUGENE BAKER

19465

represented by BRYAN FREDERICK AYLSTOCK 

AYLSTOCK WITKIN KREIS &

OVERHOLTZ - PENSACOLA FL 

17 E MAIN STREET 

SUITE 200 

PENSACOLA, FL 32502 

850-916-7450 

Fax: 850-916-7449 

Email: baylstock@awkolaw.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

SHAWN FOX 

TRACEY & FOX LAW FIRM -

HOUSTON TX 

440 LOUISIANA STREET 

SUITE 1901 

HOUSTON, TX 77002 

713-495-2333 

Fax: 866-709-2333 

Email: sfox@traceylawfirm.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

CALEB A SEELEY 

SEEGER WEISS LLP - RIDGEFIELD

PARK NJ 

55 CHALLENGER ROAD 

6TH FLOOR 

RIDGEFIELD PARK, NJ 07660 

908-500-9272 

Email: cseeley@seegerweiss.com

ATTORNEY TO BE NOTICED

DAVID R BUCHANAN 

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SEEGER WEISS LLP - RIDGEFIELD

PARK NJ 

55 CHALLENGER ROAD 

6TH FLOOR 

RIDGEFIELD PARK, NJ 07660 

973-639-9100 

Fax: 973-679-8656 

Email: dbuchanan@seegerweiss.com

ATTORNEY TO BE NOTICED

EMILY B MARLOWE 

CLARK LOVE & HUTSON PLLC -

HOUSTON TX 

440 LOUISIANA STREET 

SUITE 1700 

HOUSTON, TX 77002 

713-757-1400 

Fax: 713-759-1217 

Email: emarlowe@triallawfirm.com

ATTORNEY TO BE NOTICED

MAXWELL H KELLY 

SEEGER WEISS LLP - RIDGEFIELD

PARK NJ 

55 CHALLENGER ROAD 

6TH FLOOR 

RIDGEFIELD PARK, NJ 07660 

973-639-9100 

Fax: 973-639-8656 

Email: mkelly@seegerweiss.com

ATTORNEY TO BE NOTICED

MEGAN L ODOM 

CIRESI CONLIN LLP - MINNEAPOLIS

MN 

225 S 6TH STRET 

SUITE 4600 

MINNEAPOLIS, MN 55402 

612-361-8227 

Email: mlo@ciresiconlin.com

ATTORNEY TO BE NOTICED

MICHAEL A SACCHET 

CIRESI CONLIN LLP - MINNEAPOLIS 

225 S 6TH STREET 

SUITE 4600 

MINNEAPOLIS, MN 55402 

612-361-8220 

Email: mas@ciresiconlin.com

ATTORNEY TO BE NOTICED

SEAN PATRICK TRACEY 

TRACEY & FOX LAW FIRM -

HOUSTON TX 

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440 LOUISIANA STREET 

SUITE 1901 

HOUSTON, TX 77002-1644 

713-495-2333 

Fax: 713-495-2331 

Email: stracey@traceylawfirm.com

ATTORNEY TO BE NOTICED

SHELLEY VAN NATTER HUTSON 

CLARK LOVE & HUTSON PLLC -

HOUSTON TX 

440 LOUISIANA STREET 

SUITE 1700 

HOUSTON, TX 77002 

713-757-1400 

Fax: 713-759-1217 

Email: bgreif@triallawfirm.com

ATTORNEY TO BE NOTICED

Plaintiff

CINDY BAKER

TERMINATED: 07/17/2020

represented by SHAWN FOX 

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

BRYAN FREDERICK AYLSTOCK 

(See above for address)

ATTORNEY TO BE NOTICED

SEAN PATRICK TRACEY 

(See above for address)

ATTORNEY TO BE NOTICED

V.

Defendant

3M COMPANY represented by KIMBERLY O BRANSCOME 

DECHERT LLP - LOS ANGELES CA 

633 W 5TH STREET 

SUITE 4900 

LOS ANGELES, CA 90071 

213-808-5762 

Fax: 213-808-5760 

Email: kimberly.branscome@dechert.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

THOMAS LARRY HILL 

MOORE HILL & WESTMORELAND PA -

PENSACOLA 

PO BOX 13290 

PENSACOLA, FL 32591 

850-434-3541 

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Fax: 850-435-7899 

Email: lhill@mhw-law.com

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

ALLISON K OZUROVICH 

DECHERT LLP - LOS ANGELES CA 

633 W 5TH STREET 

SUITE 4900 

LOS ANGELES, CA 90071 

213-808-5715 

Fax: 213-808-5760 

Email: allie.ozurovich@dechert.com

ATTORNEY TO BE NOTICED

BARRY E FIELDS 

KIRKLAND & ELLIS LLP - CHICAGO IL

300 N LASALLE 

CHICAGO, IL 60654 

312-862-2000 

Fax: 312-862-2200 

Email: barry.fields@kirkland.com

ATTORNEY TO BE NOTICED

CHARLES FRANKLIN BEALL , JR. 

MOORE HILL & WESTMORELAND PA -

PENSACOLA FL 

PO BOX 13290 

PENSACOLA, FL 32591 

850-434-3541 

Fax: 850-435-7899 

Email: cbeall@mhw-law.com

ATTORNEY TO BE NOTICED

CRAIG CASTIGLIA 

DECHERT LLP - PHILADELPHIA PA 

2929 ARCH STREET 

CIRA CENTRE 

PHILADELPHIA, PA 19104 

215-994-2366 

Email: craig.castiglia@dechert.com

ATTORNEY TO BE NOTICED

HALEY J VANFLETEREN 

MOORE HILL & WESTMORELAND PA -

PENSACOLA FL 

350 W CEDAR STREET 

SUITE 100 

PENSACOLA, FL 32502 

850-434-3541 

Fax: 850-435-7899 

Email: hvanfleteren@mhw-law.com

ATTORNEY TO BE NOTICED

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JAY L BHIMANI 

DECHERT LLP - LOS ANGELES CA 

633 W 5TH STREET 

SUITE 4900 

LOS ANGELES, CA 90071 

213-808-5762 

Fax: 213-808-5760 

Email: jay.bhimani@dechert.com

ATTORNEY TO BE NOTICED

JONATHAN S TAM 

DECHERT LLP - SAN FRANCISCO CA 

ONE BUSH STREET 

SUITE 1600 

SAN FRANCISCO, CA 94104 

415-262-4500 

Fax: 415-262-4555 

Email: jonathan.tam@dechert.com

ATTORNEY TO BE NOTICED

KYLE RICHARD DECAMP 

DECHERT LLP - LOS ANGELES CA 

633 W 5TH STREET 

SUITE 4900 

LOS ANGELES, CA 90071 

213-808-5762 

Fax: 213-808-5760 

Email: kyle.decamp@dechert.com

ATTORNEY TO BE NOTICED

MARK J NOMELLINI 

KIRKLAND & ELLIS LLP - CHICAGO IL

300 N LASALLE 

CHICAGO, IL 60654 

312-861-2410 

Email: mnomellini@kirkland.com

ATTORNEY TO BE NOTICED

MARY H KIM 

DECHERT LLP - SAN FRANCISCO CA 

ONE BUSH STREET 

SUITE 1600 

SAN FRANCISCO, CA 94104 

415-262-4500 

Email: mary.kim@dechert.com

ATTORNEY TO BE NOTICED

MICAH DAVID BROWN 

DECHERT LLP - PHILADELPHIA PA 

2929 ARCH STREET 

CIRA CENTRE 

PHILADELPHIA, PA 19104 

215-944-2527 

Email: micah.brown@dechert.com

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ATTORNEY TO BE NOTICED

NICHOLAS F WASDIN 

KIRKLAND & ELLIS LLP - CHICAGO IL

300 N LASALLE 

CHICAGO, IL 60654 

312-862-2000 

Email: nick.wasdin@kirkland.com

ATTORNEY TO BE NOTICED

ROBERT C BROCK 

KIRKLAND & ELLIS LLP -

WASHINGTON DC 

1301 PENNSYLVANIA AVENUE NW 

WASHINGTON, DC 20004 

202-879-5991 

Fax: 202-879-5200 

Email: mike.brock@kirkland.com

ATTORNEY TO BE NOTICED

Defendant

AEARO TECHNOLOGIES LLC represented by KIMBERLY O BRANSCOME 

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

THOMAS LARRY HILL 

(See above for address)

LEAD ATTORNEY

ATTORNEY TO BE NOTICED

ALLISON K OZUROVICH 

(See above for address)

ATTORNEY TO BE NOTICED

BARRY E FIELDS 

(See above for address)

ATTORNEY TO BE NOTICED

CHARLES FRANKLIN BEALL , JR. 

(See above for address)

ATTORNEY TO BE NOTICED

CRAIG CASTIGLIA 

(See above for address)

ATTORNEY TO BE NOTICED

HALEY J VANFLETEREN 

(See above for address)

ATTORNEY TO BE NOTICED

JAY L BHIMANI 

(See above for address)

ATTORNEY TO BE NOTICED

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JONATHAN S TAM 

(See above for address)

ATTORNEY TO BE NOTICED

KYLE RICHARD DECAMP 

(See above for address)

ATTORNEY TO BE NOTICED

MARK J NOMELLINI 

(See above for address)

ATTORNEY TO BE NOTICED

MARY H KIM 

(See above for address)

ATTORNEY TO BE NOTICED

MICAH DAVID BROWN 

(See above for address)

ATTORNEY TO BE NOTICED

NICHOLAS F WASDIN 

(See above for address)

ATTORNEY TO BE NOTICED

ROBERT C BROCK 

(See above for address)

ATTORNEY TO BE NOTICED

Date Filed # Docket Text

01/17/2020 1 MASTER SHORT FORM COMPLAINT. (lsd) (Entered: 01/17/2020)

02/27/2020 2 PRETRIAL ORDER NO. 29 Initial Bellwether Cases. In accordance with the procedures

set forth in Pretrial Order Nos. 23 and 24, the following cases have been selected for the

initial bellwether pool. Within 10 days after a case has been transferred to the 3M MDL

docket, a filing fee must be paid, plaintiff's counsel must seek pro hac vice admission if

he or she is not already admitted to the bar of this district, and the plaintiff must file a

Notice of Designated Forum on his or her individual docket. Within 14 days from the

date an initial bellwether case or alternate is transferred to the 3M MDL docket, each side

must file a statement on the plaintiffs individual docket clearly and unambiguously

advising whether they will waive any applicable venue and forum non conveniens

challenges to the case being tried in this district. Signed by JUDGE M CASEY

RODGERS on 2/27/2020. (Civil Filing Fee, PHV (if necessary), Notice of Designated

Forum due by 3/9/2020). (Plaintiffs individual statements due 3/12/2020.) (djb) (Entered:

02/27/2020)

02/27/2020 Cases associated: Create association to 3:19-md-02885-MCR-GRJ. (djb) (Entered:

02/27/2020)

03/04/2020 3 NOTICE of Appearance by SEAN PATRICK TRACEY on behalf of LLOYD EUGENE

BAKER (TRACEY, SEAN) (Entered: 03/04/2020)

03/04/2020 Payment of Filing Fee ( Filing fee $ 400 receipt number AFLNDC-4925934), filed by

LLOYD EUGENE BAKER. (TRACEY, SEAN) (Entered: 03/04/2020)

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03/12/2020 Set Deadlines - Re: 3:19md2885 - ECF No. 1025 Pretrial Order No. 30. (Notice of

Designated Forum is extended to 3/20/2020. Lexecon statements for each initial

bellwether case is extended to 3/24/2020.) (djb) (Entered: 03/12/2020)

03/20/2020 4 NOTICE of Designated Forum by LLOYD EUGENE BAKER re 2 Order,,,,, Set

Deadlines/Hearings,,,, Set Deadlines/Hearings: (TRACEY, SEAN) (Entered: 03/20/2020)

03/20/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 4 Notice of Designated Forum (djb)

(Entered: 03/20/2020)

03/23/2020 5 NOTICE of Appearance by CHARLES FRANKLIN BEALL, JR on behalf of All

Defendants (BEALL, CHARLES) (Entered: 03/23/2020)

03/23/2020 6 NOTICE of Appearance by HALEY J VANFLETEREN on behalf of All Defendants

(VANFLETEREN, HALEY) (Entered: 03/23/2020)

03/24/2020 7 NOTICE of Defendants' Lexecon Statement by 3M COMPANY, AEARO

TECHNOLOGIES LLC (BRANSCOME, KIMBERLY) (Entered: 03/24/2020)

03/24/2020 8 NOTICE of Waiver of Lexecon for Trial by LLOYD EUGENE BAKER (TRACEY,

SEAN) (Entered: 03/24/2020)

03/25/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 7 Notice of Defendants' Lexecon

Statement, 8 Notice of Waiver of Lexecon for Trial (djb) (Entered: 03/25/2020)

07/13/2020 9 ANSWER to 1 Complaint (Short-Form) by 3M COMPANY, AEARO TECHNOLOGIES

LLC. (BROCK, ROBERT) (Entered: 07/13/2020)

07/16/2020 10 MOTION for Leave to File Amended Short Form Complaint by CINDY BAKER,

LLOYD EUGENE BAKER. (Attachments: # 1 Supplement Amended Short Form

Complaint) (FOX, SHAWN) (Entered: 07/16/2020)

07/16/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 10 MOTION for Leave to File Amended

Short Form Complaint (see attached amended complaint) (djb) (Entered: 07/16/2020)

07/17/2020 11 ORDER granting 10 MOTION for Leave to File Amended Short Form Complaint filed

by LLOYD EUGENE BAKER, CINDY BAKER. Signed by JUDGE M CASEY

RODGERS on 7/17/2020. (djb) (Entered: 07/17/2020)

07/30/2020 12 ANSWER to Complaint (Amended Short-Form 10 ) by 3M COMPANY, AEARO

TECHNOLOGIES LLC. (BROCK, ROBERT) (Entered: 07/30/2020)

08/25/2020 14 SEALED Defendants' MOTION to Compel, by 3M COMPANY, AEARO

TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4

Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10

Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15

Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18) (djb) (Additional

attachment(s) added on 9/9/2020: # 19 Exhibit 1 public version) (sdw). (Entered:

08/26/2020)

08/26/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 14 Sealed Defendants'

Motion to Compel. Referred to GARY R JONES. (djb) (Entered: 08/26/2020)

09/03/2020 15 STIPULATION re 14 SEALED MOTION Joint Statement regarding confidentiality as to

Doc. 14 by LLOYD EUGENE BAKER. (FOX, SHAWN) (Entered: 09/03/2020)

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09/03/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 15 Joint Statement Regarding

Confidentiality as to 14 Defendants' Motion to Compel. (djb) (Entered: 09/03/2020)

09/04/2020 16 ORDER - Pursuant to ECF No. 15 , the Joint Statement Regarding Confidentiality As To

14 Defendants' Motion to Compel, the Clerk is directed to lift the seal as to the Motion to

Compel, ECF No. 14, and lift the seal as to Exhibits 1, 2, 3, 5, 6, 7, 8, 9, 11, 13, 15, 16

and 17 of the motion to compel. Signed by MAGISTRATE JUDGE GARY R JONES on

9/4/2020. (djb) (Entered: 09/04/2020)

09/08/2020 17 Plaintiff's RESPONSE in Opposition to 14 MOTION to Compel. (Attachments: # 1

Declaration of Michael Ciaramitaro) (sdw) (Entered: 09/09/2020)

09/09/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 17 Plaintiff's RESPONSE in

Opposition to 14 MOTION to Compel. (sdw) (Entered: 09/09/2020)

09/17/2020 18 ORDER denying 14 Defendants' Motion to Compel Forensic Analysis of Plaintiff Baker's

E-Mail Account. Signed by MAGISTRATE JUDGE GARY R JONES on 09/17/20. (grj)

(Entered: 09/17/2020)

10/06/2020 19 STIPULATION Joint Stipulation Between Bellwether Plaintiff Lloyd Baker and

Defendants Regarding Certain of Lloyd Baker's Healthcare and Disability Records by

3M COMPANY, AEARO TECHNOLOGIES LLC. (BRANSCOME, KIMBERLY)

(Entered: 10/06/2020)

10/08/2020 20 SEALED Defendants' MOTION to Compel by 3M COMPANY, AEARO

TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4

Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (djb) (Entered:

10/09/2020)

10/09/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 20 SEALED Defendants'

MOTION to Compel Documents from Plaintiff Lloyd Baker and Ms. Cindy Baker.

Referred to GARY R JONES. (djb) (Entered: 10/09/2020)

10/20/2020 21 STIPULATION re 20 SEALED MOTION Joint Statement regarding Confidentiality as

to Exhibits 4,5, and 6 by LLOYD EUGENE BAKER. (Attachments: # 1 Exhibit

Redacted Motion to Compel without Exhibits 4, 5, 6) (FOX, SHAWN) (Entered:

10/20/2020)

10/20/2020 22 MOTION FOR AN ORDER DIRECTING THE GOVERNMENT TO PROVIDE AN

ADDRESS FOR SERVICE FOR LTC KEVIN HANNAH by 3M COMPANY, AEARO

TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1) (BRANSCOME, KIMBERLY)

(Entered: 10/20/2020)

10/21/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 21 Stipulation Joint

Statement regarding Confidentiality as to Exhibits 4,5, and 6. Referred to GARY R

JONES. (djb) (Entered: 10/21/2020)

10/21/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 22 MOTION FOR AN ORDER

DIRECTING THE GOVERNMENT TO PROVIDE AN ADDRESS FOR SERVICE

FOR LTC KEVIN HANNAH (djb) (Entered: 10/21/2020)

10/21/2020 23 STIPULATION between Bellwether Plaintiffs and Defendants Regardign 3M, Aearo and

Government Production Documents anticipated for Trial Testimony by LLOYD

EUGENE BAKER. (Attachments: # 1 Appendix Appendix A. 3M, AEARO, AND

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GOVERNMENT PRODUCTION DOCUMENTS) (FOX, SHAWN) (Entered:

10/21/2020)

10/21/2020 24 STIPULATION Between Bellwether Plaintiffs and Defendants regarding the Bellwether

Plaintiffs' Healthcare, Disability, Education & Personnel Records by LLOYD EUGENE

BAKER. (Attachments: # 1 Appendix Appendix A. Healthcare, Disability, Education &

Personnel Records) (FOX, SHAWN) (Entered: 10/21/2020)

10/21/2020 25 ORDER - Pursuant to the Joint Statement, the Clerk is directed to lift the seal as to

Exhibits 1, 2, 3, 7, and 8 of Defendants' Motion to Compel ECF No. 20 . Exhibits 4, 5,

and 6 will remain sealed. The Clerk is directed to file on the public docket the redacted

version of Defendants' Motion to Compel ECF No. [21-1]. Signed by MAGISTRATE

JUDGE GARY R JONES on 10/21/2020. (atm) - sealed lifted as directed and redacted

motion filed. (Entered: 10/21/2020)

10/21/2020 26 (REDACTED) DEFENDANTS' MOTION to Compel Documents from Plaintiff LLOYD

EUGENE BAKER AND MS. CINDY BAKER. (atm) (Entered: 10/21/2020)

10/22/2020 27 RESPONSE to Motion re 22 MOTION FOR AN ORDER DIRECTING THE

GOVERNMENT TO PROVIDE AN ADDRESS FOR SERVICE FOR LTC KEVIN

HANNAH filed by DEPARTMENT OF DEFENSE. (Attachments: # 1 Exhibit)

(FELDON, GARY) (Entered: 10/22/2020)

10/22/2020 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 22 MOTION FOR AN ORDER

DIRECTING THE GOVERNMENT TO PROVIDE AN ADDRESS FOR SERVICE

FOR LTC KEVIN HANNAH , 27 Response to Motion (djb) (Entered: 10/22/2020)

10/22/2020 28 NOTICE OF WITHDRAWAL OF DEFENDANTS' MOTION FOR AN ORDER

DIRECTING THE GOVERNMENT TO PROVIDE AN ADDRESS FOR SERVICE FOR

LTC KEVIN HANNAH by 3M COMPANY, AEARO TECHNOLOGIES LLC re 22

MOTION FOR AN ORDER DIRECTING THE GOVERNMENT TO PROVIDE AN

ADDRESS FOR SERVICE FOR LTC KEVIN HANNAH (BRANSCOME,

KIMBERLY) (Entered: 10/22/2020)

10/23/2020 29 Sealed Plaintiff's Opposition to Defendants' 20 Motion to Compel Supplemental

Production. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (djb) (Entered: 10/23/2020)

10/23/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 20 SEALED MOTION to

Compel Supplemental Production, 29 Sealed Plaintiff's Opposition. (djb) (Entered:

10/23/2020)

10/26/2020 30 MOTION for Leave to File Reply Memorandum in Support of Motion to Compel

Documents from Plaintiff Lloyd Baker and Ms. Cindy Baker by 3M COMPANY, AEARO

TECHNOLOGIES LLC. (BRANSCOME, KIMBERLY) (Entered: 10/26/2020)

10/27/2020 31 ORDER denying 30 Defendants' Motion for Leave to File Reply Memorandum but

setting telephonic hearing before Magistrate Judge Gary R. Jones on November 1, 2020

Re: 20 Defendants' Motion to Compel Documents From Plaintiff Lloyd Baker and Ms.

Cindy Baker.. Signed by MAGISTRATE JUDGE GARY R JONES on 10/27/20. (grj)

(Entered: 10/27/2020)

10/27/2020 32 AMENDED ORDER scheduling telephonic hearing before Magistrate Judge Gary R.

Jones on Monday, November 2, 2020 at 2:00 PM EST. Signed by MAGISTRATE

JUDGE GARY R JONES on 10/27/20. (grj) (Entered: 10/27/2020)

11/02/2020 33 Minute Entry for proceedings held before MAGISTRATE JUDGE GARY R JONES:

Motion Hearing held on 11/2/2020 re 30 MOTION for Leave to File Reply Memorandum

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in Support of Motion to Compel Documents from Plaintiff Lloyd Baker and Ms. Cindy

Baker filed by 3M COMPANY, AEARO TECHNOLOGIES LLC. Written order to

follow. (Court Reporter Julie Wycoff, Official Court Reporter.) (atm) (Entered:

11/02/2020)

11/02/2020 34 SEALED MOTION for Leave to Take the Deposition of Ms. Cheryl A. Parker by 3M

COMPANY, AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit

2, # 3 Exhibit 3) (djb) (Entered: 11/03/2020)

11/03/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 34 SEALED MOTION for

Leave to Take the Deposition of Ms. Cheryl A. Parker. Referred to GARY R JONES.

(djb) (Entered: 11/03/2020)

11/03/2020 35 ORDER re 34 SEALED MOTION (Plaintiff Baker's response due by no later than

Friday: 11/6/2020). Signed by MAGISTRATE JUDGE GARY R JONES on 11/3/2020.

(kdm) (Entered: 11/03/2020)

11/05/2020 36 ORDER granting in part and denying in part 20 Defendants' Motion to Compel

Documents from Plaintiff Lloyd Baker and Ms. Cindy Baker. Signed by MAGISTRATE

JUDGE GARY R JONES on 11/5/20. (grj) (Entered: 11/05/2020)

11/06/2020 37 RESPONSE in Opposition re 34 SEALED MOTION filed by LLOYD EUGENE

BAKER. (Attachments: # 1 Exhibit Ex A. Correspondence between Counsel, # 2 Exhibit

Ex B. Defendants Touhy request for Parker, # 3 Exhibit Ex C. Subpoena production by

Dan Ohama, # 4 Exhibit Ex D. Subpoena to Dan Ohama re Blum case only) (FOX,

SHAWN) (Entered: 11/06/2020)

11/09/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 37 Response in Opposition to

Motion, 34 SEALED MOTION for Leave to Take the Deposition of Ms. Cheryl A.

Parker. Referred to GARY R JONES. (djb) (Entered: 11/09/2020)

11/10/2020 38 ORDER denying as premature 34 Defendants' Motion for Leave to Take the Deposition

of Ms. Cheryl A. Parker. Signed by MAGISTRATE JUDGE GARY R JONES on

11/10/20. (grj) (Entered: 11/10/2020)

11/10/2020 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings,

TELECONFERENCE, held on 11/2/20, before Judge Gary R. Jones. Court

Reporter/Transcriber Julie A. Wycoff, Telephone number 850-470-8196. 

Transcript may be viewed at the court public terminal or purchased through

the Court Reporter/Transcriber before the deadline for Release of Transcript

Restriction. After that date it may be obtained through PACER. 

Redaction Request due 11/17/2020. Release of Transcript Restriction set for 2/16/2021.

(jaw) (Entered: 11/10/2020)

11/16/2020 40 SEALED RENEWED MOTION for Leave to Take the Deposition of Ms. Cheryl A.

Parker by 3M COMPANY, AEARO TECHNOLOGIES LLC. (djb) (Entered: 11/16/2020)

11/16/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 40 Sealed Renewed Motion

for Leave to Take the Deposition of Ms. Cheryl A. Parker. Referred to GARY R JONES.

(djb) (Entered: 11/16/2020)

11/16/2020 41 ORDER scheduling telephonic hearing before Magistrate Judge Gary R. Jones on

November 17, 2020 at 2:00 PM (EST) re 40 Defendants' MOTION for Leave to Take

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Deposition of Ms. Cheryl A. Parker filed by 3M COMPANY, AEARO

TECHNOLOGIES LLC. Signed by MAGISTRATE JUDGE GARY R JONES on

11/16/20. (grj) (Entered: 11/16/2020)

11/17/2020 42 RESPONSE in Opposition re 40 SEALED MOTION filed by LLOYD EUGENE

BAKER. (Attachments: # 1 Exhibit Ex 1. Email with NOD of Parker, # 2 Exhibit Ex 02.

Defendants Confirmation of Parker, # 3 Exhibit Ex 03. 07.28.20_VA Parker Request, # 4

Exhibit Ex 04. Parker CNA Cheryl09142020-DRAFT, # 5 Exhibit Ex 05. Defendants

email to Judge Jones, # 6 Exhibit Ex 06. 2020-08-19 - Subpoena to Cheryl Parker

(Baker), # 7 Exhibit Ex 07. 2020-08-21 DOD 9th Disclosure Letter, # 8 Exhibit Ex 08.

Email and Notice Haygood) (FOX, SHAWN) (Entered: 11/17/2020)

11/17/2020 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 42 Response in Opposition to

Motion, 40 Defendants' Renewed Motion for Leave to Depose Cheryl A. Parker (Sealed).

Referred to GARY R JONES. (djb) (Entered: 11/17/2020)

11/18/2020 43 ORDER granting 40 Defendants' Motion for Leave to Take the Deposition of Ms. Cheryl

A. Parker. Signed by MAGISTRATE JUDGE GARY R JONES on 11/18/20. (grj)

(Entered: 11/18/2020)

01/05/2021 44 ORDER granting (3:19md2885) Plaintiffs' 1551 Motion to Consolidate Cases with

respect to Plaintiffs Luke and Jennifer Estes, Lewis Keefer and Stephen Hacker. Plaintiffs

Dustin McCombs and Lloyd Baker will be tried separately and individually. Signed by

JUDGE M CASEY RODGERS on 12/30/2020. (djb) (Entered: 01/05/2021)

01/08/2021 45 SEALED PLAINTIFFS OMNIBUS MOTION AND MEMORANDUM OF LAW TO

EXCLUDE DEFENDANTS' EXPERT OPINIONS AND TESTIMONY by LLOYD

EUGENE BAKER. (Attachments: # 1 Declaration of Bryan F. Aylstock in Support of

Plaintiffs' Omnibus Motion and Memorandum of Law, # 2 Exhibit PX-1, # 3 Exhibit PX2, # 4 Exhibit PX-3, # 5 Exhibit PX-4, # 6 Exhibit PX-5, # 7 Exhibit PX-6, # 8 Exhibit

PX-7, # 9 Exhibit PX-8, # 10 Exhibit PX-9, # 11 Exhibit PX-10, # 12 Exhibit PX-11, #

13 Exhibit PX-12, # 14 Exhibit PX-13, # 15 Exhibit PX-14, # 16 Exhibit PX-15, # 17

Exhibit PX-16, # 18 Exhibit PX-17, # 19 Exhibit PX-18, # 20 Exhibit PX-19, # 21

Exhibit PX-20, # 22 Exhibit PX-21, # 23 Exhibit PX-22, # 24 Exhibit PX-23, # 25

Exhibit PX-24, # 26 Exhibit PX-25, # 27 Exhibit PX-26, # 28 Exhibit PX-27, # 29

Exhibit PX-28, # 30 Exhibit PX-29, # 31 Exhibit PX-30, # 32 Exhibit PX-31, # 33

Exhibit PX-32, # 34 Exhibit PX-33, # 35 Exhibit PX-34, # 36 Exhibit PX-35, # 37

Exhibit PX-36, # 38 Exhibit PX-37, # 39 Exhibit PX-38, # 40 Exhibit PX-39, # 41

Exhibit PX-40, # 42 Exhibit PX-41, # 43 Exhibit PX-42, # 44 Exhibit PX-43, # 45

Exhibit PX-44, # 46 Exhibit PX-45, # 47 Exhibit PX-46, # 48 Exhibit PX-47, # 49

Exhibit PX-48, # 50 Exhibit PX-49, # 51 Exhibit PX-50, # 52 Exhibit PX-51, # 53

Exhibit PX-52, # 54 Exhibit PX-53, # 55 Exhibit PX-54, # 56 Exhibit PX-55, # 57

Exhibit PX-56, # 58 Exhibit PX-57, # 59 Exhibit PX-58, # 60 Exhibit PX-59, # 61

Exhibit PX-60, # 62 Exhibit PX-61, # 63 Exhibit PX-62, # 64 Exhibit PX-63, # 65

Exhibit PX-64, # 66 Exhibit PX-65, # 67 Exhibit PX-66, # 68 Exhibit PX-67, # 69

Exhibit PX-68, # 70 Exhibit PX-69, # 71 Exhibit PX-70, # 72 Exhibit PX-71, # 73

Exhibit PX-72, # 74 Exhibit PX-73) (djb) (Main Document 45 replaced on 1/21/2021 for

file stamp date) (djb). Modified on 1/21/2021 (djb). (Entered: 01/11/2021)

01/08/2021 46 SEALED PLAINTIFFS MOTION FOR SANCTIONS TO STRIKE DEFENDANTS

SECOND SUPPLEMENTAL EXPERT REPORT OF GREGORY A. FLAMME, Ph.D.

& MARK STEPHENSON, Ph.D. by LLOYD EUGENE BAKER. (Attachments: # 1

Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (djb) (Main Document 46

replaced on 1/21/2021) (djb). (Entered: 01/11/2021)

01/08/2021 49 DUPLICATE ENTRY SEE 45 (motion terminated) SEALED OMNIBUS MOTION

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AND MEMORANDUM OF LAW TO EXCLUDE DEFENDANTS' EXPERT

OPINIONS AND TESTIMONY by LLOYD EUGENE BAKER. (Attachments: # 1

Declaration of Bryan F. Aylstock in Support of Plaintiffs' Omnibus Motion and

Memorandum of Law, # 2 Exhibit PX-1, # 3 Exhibit PX-2, # 4 Exhibit PX-3, # 5 Exhibit

PX-4, # 6 Exhibit PX-5, # 7 Exhibit PX-6, # 8 Exhibit PX-7, # 9 Exhibit PX-8, # 10

Exhibit PX-9, # 11 Exhibit PX-10, # 12 Exhibit PX-11, # 13 Exhibit PX-12, # 14 Exhibit

PX-13, # 15 Exhibit PX-14, # 16 Exhibit PX-15, # 17 Exhibit PX-16, # 18 Exhibit PX17, # 19 Exhibit PX-18, # 20 Exhibit PX-19, # 21 Exhibit PX-20, # 22 Exhibit PX-21, #

23 Exhibit PX-22, # 24 Exhibit PX-23, # 25 Exhibit PX-24, # 26 Exhibit PX-25, # 27

Exhibit PX-26, # 28 Exhibit PX-29, # 29 Exhibit PX-30, # 30 Exhibit PX-31, # 31

Exhibit PX-32, # 32 Exhibit PX-33, # 33 Exhibit PX-34, # 34 Exhibit PX-35, # 35

Exhibit PX-36, # 36 Exhibit PX-37, # 37 Exhibit PX-38, # 38 Exhibit PX-39, # 39

Exhibit PX-40, # 40 Exhibit PX-41, # 41 Exhibit PX-42, # 42 Exhibit PX-43, # 43

Exhibit PX-44, # 44 Exhibit PX-45, # 45 Exhibit PX-46, # 46 Exhibit PX-47, # 47

Exhibit PX-48, # 48 Exhibit PX-49, # 49 Exhibit PX-50, # 50 Exhibit PX-51, # 51

Exhibit PX-52, # 52 Exhibit PX-53, # 53 Exhibit PX-54, # 54 Exhibit PX-55, # 55

Exhibit PX-56, # 56 Exhibit PX-57, # 57 Exhibit PX-58, # 58 Exhibit PX-59, # 59

Exhibit PX-60, # 60 Exhibit PX-61, # 61 Exhibit PX-62, # 62 Exhibit PX-63, # 63

Exhibit PX-64, # 64 Exhibit PX-65, # 65 Exhibit PX-66, # 66 Exhibit PX-67, # 67

Exhibit PX-68, # 68 Exhibit PX-69, # 69 Exhibit PX-70, # 70 Exhibit PX-71, # 71

Exhibit PX-72, # 72 Exhibit PX-73) (djb) Modified on 1/21/2021 (djb). (Entered:

01/13/2021)

01/08/2021 50 DUPLICATE FILING motion terminated (djb) SEALED PLAINTIFFS MOTION

FOR SANCTIONS TO STRIKE DEFENDANTS' SECOND SUPPLEMENTAL

EXPERT REPORT OF GREGORY A. FLAMME, Ph.D. & MARK STEPHENSON,

Ph.D. by LLOYD EUGENE BAKER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D) (djb) Modified on 1/21/2021 to note filed in error (djb).

(Entered: 01/13/2021)

01/08/2021 56 SEALED DEFENDANTS' OMNIBUS MOTION TO EXCLUDE PLAINTIFFS'

PUTATIVE EXPERT OPINIONS UNDER DAUBERT AND RULE 702 AND

INCORPORATED MEMORANDUM IN SUPPORT THEREOF by 3M COMPANY,

AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit

3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, #

10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15

Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20

Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25

Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30

Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35

Exhibit 35) (Exhibits #36 through 99 will be docketed separately) (djb) (Entered:

01/15/2021)

01/08/2021 57 Sealed Exhibits re: 56 SEALED DEFENDANTS' OMNIBUS MOTION TO EXCLUDE

PLAINTIFFS' PUTATIVE EXPERT OPINIONS UNDER DAUBERT AND RULE 702

AND INCORPORATED MEMORANDUM IN SUPPORT THEREOF. (Attachments:

Exhibit # 36 Main Document, # 1 Exhibit 37, # 2 Exhibit 38, # 3 Exhibit 39, # 4 Exhibit

40, # 5 Exhibit 41, # 6 Exhibit 42, # 7 Exhibit 43, # 8 Exhibit 44, # 9 Exhibit 45, # 10

Exhibit 46, # 11 Exhibit 47, # 12 Exhibit 48, # 13 Exhibit 49, # 14 Exhibit 50, # 15

Exhibit 51, # 16 Exhibit 52, # 17 Exhibit 53, # 18 Exhibit 54, # 19 Exhibit 55, # 20

Exhibit 56, # 21 Exhibit 57, # 22 Exhibit 58, # 23 Exhibit 59, # 24 Exhibit 60, # 25

Exhibit 61, # 26 Exhibit 62, # 27 Exhibit 63, # 28 Exhibit 64, # 29 Exhibit 65, # 30

Exhibit 66, # 31 Exhibit 67, # 32 Exhibit 68, # 33 Exhibit 69, # 34 Exhibit 70, # 35

Exhibit 71, # 36 Exhibit 72, # 37 Exhibit 73, # 38 Exhibit 74, # 39 Exhibit 75, # 40

Exhibit 76, # 41 Exhibit 77, # 42 Exhibit 78, # 43 Exhibit 79, # 44 Exhibit 80, # 45

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Exhibit 81, # 46 Exhibit 82, # 47 Exhibit 83, # 48 Exhibit 84, # 49 Exhibit 85, # 50

Exhibit 86, # 51 Exhibit 87, # 52 Exhibit 88, # 53 Exhibit 89, # 54 Exhibit 90, # 55

Exhibit 91, # 56 Exhibit 92, # 57 Exhibit 93, # 58 Exhibit 94, # 59 Exhibit 95, # 60

Exhibit 96, # 61 Exhibit 97, # 62 Exhibit 98, # 63 Exhibit 99) (djb) Modified on

1/15/2021 (djb). (Entered: 01/15/2021)

01/11/2021 47 JOINT STIPULATION REGARDING CHOICE OF LAW FACT-FINDING by by 3M

COMPANY, 3M OCCUPATIONAL SAFETY LLC, AEARO HOLDING LLC, AEARO

INTERMEDIATE LLC, AEARO LLC, AEARO TECHNOLOGIES LLC. (BROCK,

ROBERT) (djb) (Entered: 01/12/2021)

01/12/2021 48 SEALED Plaintiffs' Motion for Sanctions to Strike Defendants' Second Supplemental

Expert Report of Harri Kytomaa, Ph.D., P.E., CFEI by LLOYD EUGENE BAKER.

(Attachments: # 1 Exhibit A, # 2 Exhibit B) (djb) (Main Document 48 replaced on

1/21/2021) (djb). (Entered: 01/13/2021)

01/13/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 48 SEALED Plaintiffs'

Motion for Sanctions to Strike Defendants' Second Supplemental Expert Report of Harri

Kytomaa, Ph.D., P.E., CFEI. Referred to GARY R JONES. (djb) (Entered: 01/13/2021)

01/13/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 50 SEALED PLAINTIFFS

MOTION FOR SANCTIONS TO STRIKE DEFENDANTS SECOND

SUPPLEMENTAL EXPERT REPORT OF GREGORY A. FLAMME, Ph.D. & MARK

STEPHENSON, Ph.D.. Referred to GARY R JONES. (djb) (Entered: 01/13/2021)

01/13/2021 51 SEALED DEFENDANTS' MOTION TO PRECLUDE ALL TESTIMONY OR

EVIDENCE RELATING TO PLAINTIFF LLOYD BAKER'S FUTURE MEDICAL

EXPENSES, FUTURE EARNINGS, AND MENTAL HEALTH by 3M COMPANY,

AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit

3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (djb) (Main

Document 51 replaced on 1/21/2021) (djb). (Entered: 01/14/2021)

01/14/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 51 SEALED

DEFENDANTS' MOTION TO PRECLUDE ALL TESTIMONY OR EVIDENCE

RELATING TO PLAINTIFF LLOYD BAKER'S FUTURE MEDICAL EXPENSES,

FUTURE EARNINGS, AND MENTAL HEALTH. Referred to GARY R JONES. (djb)

(Entered: 01/14/2021)

01/14/2021 52 NOTICE of Lodging Exhibit 7 to Defendants' Motion to Compel A Second Deposition of

Dr. David Eddins and Undisclosed Testing by 3M COMPANY, AEARO

TECHNOLOGIES LLC (BROCK, ROBERT) (Entered: 01/14/2021)

01/14/2021 53 ORDER - Pending before the court is Plaintiffs' Motion for Sanctions to Strike

Defendants' Second Supplemental Expert Report of Harri Kytomaa, Ph.D., P.E., CFEI.

3:19md2885, ECF No. 1600. Because resolution of this motion is time sensitive,

Defendants must file a response to the motion by January 19, 2021. Signed by

MAGISTRATE JUDGE GARY R JONES on 1/14/2021. (djb) (Entered: 01/15/2021)

01/14/2021 54 Sealed Defendants' Opposition to Plaintiffs' Motion for Sanctions to Strike Defendants'

Second Supplemental Expert Report of Gregory A. Falmme, Ph.D. & Mark Stephenson,

Ph.D. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit

5, # 6 Exhibit 6) (djb) (Entered: 01/15/2021)

01/14/2021 55 SEALED DEFENDANTS' MOTION TO COMPEL A SECOND DEPOSITION OF DR.

DAVID EDDINS AND STRIKE UNDISCLOSED TESTING by 3M COMPANY,

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AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit

3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7 - See 52 Notice) (djb)

(Entered: 01/15/2021)

01/15/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 54 Sealed Defendants'

Opposition to Plaintiffs' 50 Motion for Sanctions to Strike Defendants' Second

Supplemental Expert Report of Gregory A. Falmme, Ph.D. & Mark Stephenson, Ph.D.

Referred to GARY R JONES. (djb) (Entered: 01/15/2021)

01/15/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 55 SEALED DEFENDANTS

MOTION TO COMPEL A SECOND DEPOSITION OF DR. DAVID EDDINS AND

STRIKE UNDISCLOSED TESTING, see also 52 Notice of Lodging Exhibit 7. Referred

to GARY R JONES. (djb) (Entered: 01/15/2021)

01/15/2021 58 ORDER granting in part and denying in part 46 Plaintiffs' Motion for Sanctions to Strike

Defendants' Second Supplemental Expert Report of Gregory A. Flamme, Ph.D. & Mark

Stephenson, Ph.D. Signed by MAGISTRATE JUDGE GARY R JONES on 01/15/21.

(grj) (Entered: 01/15/2021)

01/15/2021 59 PRETRIAL ORDER NO. 63. Over the past week, the Court has received, almost daily,

motions in the Trial Group A cases seeking to strike or preclude expert testimony and to

compel a second deposition of an expert, one month after his deposition. Accordingly,

before filing any further motions-other than those for summary judgment-the party with

the issue must email the motion to opposing counsel and Judge Herndon and make a

good faith effort to resolve the issue with Judge Herndon's assistance. Signed by JUDGE

M CASEY RODGERS on 1/15/2021. (djb) (Entered: 01/15/2021)

01/17/2021 60 ORDER re 1539 (in 3:19-md-02885-MCR-GRJ), Sealed Defendants' Brief Regarding

Choice of Law for Group A Plaintiffs, 1540 (in 3:19-md-02885-MCR-GRJ), Sealed

Plaintiffs' Memorandum on Choice of Law for Bellwether Group A. This Order decides

the choice of law question for Baker. Signed by JUDGE M CASEY RODGERS on

1/17/2021. (hhd) (Entered: 01/17/2021)

01/19/2021 61 NOTICE of Withdrawal of Motion for Sanctions to Strike Defendants' Second

Supplemental Expert Report of Harri Kytomaa by LLOYD EUGENE BAKER re 48

SEALED MOTION (AYLSTOCK, BRYAN) (Entered: 01/19/2021)

01/19/2021 62 NOTICE of Withdrawal of Motion to Compel a Second Deposition of Dr. David Eddins

and Strike Undisclosed Testing by 3M COMPANY, AEARO TECHNOLOGIES LLC re

55 SEALED MOTION (BROCK, ROBERT) (Entered: 01/19/2021)

01/20/2021 63 ORDER re 55 SEALED MOTION. Signed by MAGISTRATE JUDGE GARY R JONES

on 1/20/2021. Defendants' Motion to Compel a Second Deposition of Dr. David Eddins

and Strike Undisclosed Testing is TERMINATED as moot. (kdm) (Entered: 01/20/2021)

01/21/2021 64 MOTION for Summary Judgment of Defendants' Affirmative Defenses Relating to

Government Fault by LLOYD EUGENE BAKER. (Internal deadline for referral to judge

if response to summary judgment not filed earlier: 2/11/2021). (Attachments: # 1

Memorandum ISO Motion for Summary Judgment, # 2 Declaration, # 3 Exhibit PX1

Sealed, # 4 Exhibit PX2 Sealed, # 5 Exhibit PX3 Sealed, # 6 Exhibit PX5 Sealed, # 7

Exhibit PX6 Sealed, # 8 Exhibit PX8 Sealed, # 9 Exhibit PX9 Sealed, # 10 Exhibit PX10

Sealed, # 11 Exhibit PX11 Sealed, # 12 Exhibit PX12 Sealed, # 13 Plaintiff's

Memorandum in Support of Motion for Summary Judgment of Defendants' Affirmative

Defenses Relating to Government Fault (Sealed)) (AYLSTOCK, BRYAN) Modified on

1/22/2021 (djb). (Entered: 01/21/2021)

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01/21/2021 65 SEALED DEFENDANTS' MOTION FOR SUMMARY JUDGMENT by 3M

COMPANY, AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit

2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, #

9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14

Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16) (djb) (Entered: 01/22/2021)

01/22/2021 66 Sealed PLAINTIFFS OMNIBUS RESPONSE IN OPPOSITION TO DEFENDANTS

OMNIBUS MOTION TO EXCLUDE PLAINTIFFS PUTATIVE EXPERT OPINIONS

UNDER DAUBERT AND RULE 702 AND INCORPORATED MEMORANDUM IN

SUPPORT THEREOF. (Attachments: # 1 Declaration of Bryan F. Aylstock in Support of

Plaintiffs' Omnibus Response in Opposition to Defendants' Omnibus Motion to Exlude

Plaintiffs' Putative Expert Opinions Under Daubert and Rule 702 and Incorporatated

Memorandum in Support Thereof, # 2 Exhibit PX-1, # 3 Exhibit PX-2, # 4 Exhibit PX-3,

# 5 Exhibit PX-4, # 6 Exhibit PX-5, # 7 Exhibit PX-6, # 8 Exhibit PX-7, # 9 Exhibit PX8, # 10 Exhibit PX-9, # 11 Exhibit PX-10, # 12 Exhibit PX-11, # 13 Exhibit PX-12, # 14

Exhibit PX-13, # 15 Exhibit PX-14, # 16 Exhibit PX-15, # 17 Exhibit PX-16, # 18

Exhibit PX-17, # 19 Exhibit PX-18, # 20 Exhibit PX-19, # 21 Exhibit PX-20, # 22

Exhibit PX-21, # 23 Exhibit PX-22, # 24 Exhibit PX-23, # 25 Exhibit PX-24, # 26

Exhibit PX-25, # 27 Exhibit PX-26, # 28 Exhibit PX-27, # 29 Exhibit PX-28, # 30

Exhibit PX-29, # 31 Exhibit PX-30, # 32 Exhibit PX-31, # 33 Exhibit PX-32, # 34

Exhibit PX-33, # 35 Exhibit PX-34, # 36 Exhibit PX-35, # 37 Exhibit PX-36, # 38

Exhibit PX-37, # 39 Exhibit PX-38, # 40 Exhibit PX-39, # 41 Exhibit PX-40, # 42

Exhibit PX-41, # 43 Exhibit PX-42, # 44 Exhibit PX-43, # 45 Exhibit PX-44, # 46

Exhibit PX-45, # 47 Exhibit PX-46, # 48 Exhibit PX-47, # 49 Exhibit PX-48, # 50

Exhibit PX-49, # 51 Exhibit PX-50, # 52 Exhibit PX-51, # 53 Exhibit PX-52, # 54

Exhibit PX-53, # 55 Exhibit PX-54, # 56 Exhibit PX-55, # 57 Exhibit PX-56, # 58

Exhibit PX-57, # 59 Exhibit PX-58, # 60 Exhibit PX-59, # 61 Exhibit PX-60, # 62

Exhibit PX-61, # 63 Exhibit PX-62, # 64 Exhibit PX-63, # 65 Exhibit PX-64, # 66

Exhibit PX-65) (djb) Exhibits PX66 through PX114 will be docketed separately (djb).

(Main Document 66 replaced on 1/26/2021) (djb). (Entered: 01/26/2021)

01/22/2021 67 Sealed Exhibits re: 66 PLAINTIFFS OMNIBUS RESPONSE IN OPPOSITION TO

DEFENDANTS OMNIBUS MOTION TO EXCLUDE PLAINTIFFS PUTATIVE

EXPERT OPINIONS UNDER DAUBERT AND RULE 702 AND INCORPORATED

MEMORANDUM IN SUPPORT THEREOF. (Attachments: Exhibit PX-66 Main

Document, # 1 Exhibit PX-67 Part 1 of 3, # 2 Exhibit PX-67 Part 2 of 3, # 3 Exhibit PX67 Part 3 of 3, # 4 Exhibit PX-68 Part 1 of 3, # 5 Exhibit PX-68 Part 2 of 3, # 6 Exhibit

PX-68 Part 3 of 3, # 7 Exhibit PX-69 Part 1 of 3, # 8 Exhibit PX-69 Part 2 of 3, # 9

Exhibit PX-69 Part 3 of 3, # 10 Exhibit PX-70 Part 1 of 3, # 11 Exhibit PX-70 Part 2 of 3,

# 12 Exhibit PX-70 Part 3 of 3, # 13 Exhibit PX-71, # 14 Exhibit PX-72 Part 1 of 3, # 15

Exhibit PX-72 Part 2 of 3, # 16 Exhibit PX-72 Part 3 of 3, # 17 Exhibit PX-73, # 18

Exhibit PX-74, # 19 Exhibit PX-75, # 20 Exhibit PX-76, # 21 Exhibit PX-77, # 22

Exhibit PX-78, # 23 Exhibit PX-79, # 24 Exhibit PX-80, # 25 Exhibit PX-81, # 26

Exhibit PX-82, # 27 Exhibit PX-83, # 28 Exhibit PX-84, # 29 Exhibit PX-85, # 30

Exhibit PX-86, # 31 Exhibit PX-87, # 32 Exhibit PX-88, # 33 Exhibit PX-89, # 34

Exhibit PX-90, # 35 Exhibit PX-91, # 36 Exhibit PX-92, # 37 Exhibit PX-93, # 38

Exhibit PX-94, # 39 Exhibit PX-95, # 40 Exhibit PX-96, # 41 Exhibit PX-97, # 42

Exhibit PX-98, # 43 Exhibit PX-99, # 44 Exhibit PX-100, # 45 Exhibit PX-101, # 46

Exhibit PX-102, # 47 Exhibit PX-103, # 48 Exhibit PX-104, # 49 Exhibit PX-105, # 50

Exhibit PX-106, # 51 Exhibit PX-107, # 52 Exhibit PX-108, # 53 Exhibit PX-109, # 54

Exhibit PX-110, # 55 Exhibit PX-111, # 56 Exhibit PX-112, # 57 Exhibit PX-113 Part 1

of 2, # 58 Exhibit PX-113 Part 2 of 2, # 59 Exhibit PX-114) (djb) Modified on 1/26/2021

(djb). (Entered: 01/26/2021)

01/22/2021 68 Sealed Defendants' Response to Plaintiffs' Omnibus Motion to Exclude Defendants'

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Expert Opinions and Testimony. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3,

# 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10

Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15

Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20

Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25

Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30

Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35

Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40

Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44 Exhibit 44, # 45

Exhibit 45, # 46 Exhibit 46, # 47 Exhibit 47, # 48 Exhibit 48, # 49 Exhibit 49, # 50

Exhibit 50, # 51 Exhibit 51, # 52 Exhibit 52, # 53 Exhibit 53, # 54 Exhibit 54, # 55

Exhibit 55, # 56 Exhibit 56, # 57 Exhibit 57, # 58 Exhibit 58, # 59 Exhibit 59, # 60

Exhibit 60, # 61 Exhibit 61, # 62 Exhibit 62, # 63 Exhibit 63) (djb) (Entered: 01/26/2021)

01/27/2021 69 Sealed Plaintiff Lloyd Baker's Response in Opposition to Defendants' 51 Motion to

Preclude all Testimony or Evidence Relating to Plaintiff Lloyd Baker's Future Medical

Expenses, Future Earnings, and Mental Health. (Attachments: # 1 Exhibit A, # 2 Exhibit

B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit

H) (djb) (Entered: 01/28/2021)

01/28/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 51 SEALED Motion to

Preclude all Testimony or Evidence Relating to Plaintiff Lloyd Baker's Future Medical

Expenses, Future Earnings, and Mental Health, 69 Sealed Response. Referred to GARY

R JONES. (djb) (Entered: 01/28/2021)

01/28/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 45 SEALED PLAINTIFFS OMNIBUS

MOTION AND MEMORANDUM OF LAW TO EXCLUDE DEFENDANTS' EXPERT

OPINIONS AND TESTIMONY, 68 Sealed RESPONSE (djb) (Entered: 01/28/2021)

01/28/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 56 SEALED DEFENDANTS' OMNIBUS

MOTION TO EXCLUDE PLAINTIFFS' PUTATIVE EXPERT OPINIONS UNDER

DAUBERT AND RULE 702 AND INCORPORATED MEMORANDUM IN SUPPORT

THEREOF, 57 Sealed Exhibits, 66 Sealed Response, 67 Sealed Exhibits (djb) (Entered:

01/28/2021)

01/29/2021 Set Deadline - re: 3:19md2885 ECF No. 1639 Order Amending Order Setting Trial and

Pretrial Schedule. Pretrial Conference set for Friday, 4/30/2021. (djb) (Entered:

01/29/2021)

02/04/2021 70 Plaintiff's Memorandum in Opposition to 65 Defendant's Motion for Summary Judgment,

filed by CINDY BAKER, LLOYD EUGENE BAKER. (Attachments: # 1 Declaration, #

2 Exhibit PX1-SEALED, # 3 Exhibit PX2-SEALED, # 4 Exhibit PX3-SEALED, # 5

Exhibit PX4-SEALED, # 6 Exhibit PX5-SEALED, # 7 Exhibit PX6-SEALED, # 8

Exhibit PX7, # 9 Exhibit PX8-SEALED, # 10 Exhibit PX9-SEALED, # 11 Exhibit

PX10-SEALED, # 12 Exhibit PX11-SEALED, # 13 Exhibit PX12-SEALED, # 14

Exhibit PX13-SEALED, # 15 Exhibit PX14-SEALED, # 16 Exhibit PX15-SEALED, #

17 Exhibit PX16, # 18 Exhibit PX17-SEALED, # 19 Exhibit PX18-SEALED, # 20

Exhibit PX19-SEALED, # 21 Exhibit PX20-SEALED, # 22 Exhibit PX21, # 23 Exhibit

PX22-SEALED, # 24 Exhibit PX23-SEALED, # 25 Exhibit PX24, # 26 Exhibit PX25-

SEALED, # 27 Exhibit PX26-SEALED, # 28 Exhibit PX27-SEALED, # 29 Exhibit

PX28-SEALED, # 30 Exhibit PX29-SEALED, # 31 Exhibit PX30, # 32 Exhibit PX31, #

33 Exhibit PX32, # 34 Exhibit PX33, # 35 Exhibit PX34, # 36 Exhibit PX35, # 37

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Plaintiff's Memorandum in Opposition to Defendants' Motion for Summary Judgement

(Sealed) (AYLSTOCK, BRYAN) . Modified on 2/5/2021 (djb). (Entered: 02/04/2021)

02/04/2021 71 Sealed Defendants' Memorandum in Opposition to 64 Plaintiff's Motion for Summary

Judgment on Defendants' Affirmative Defenses Relating to Government Fault.

(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6

Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, #

12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17

Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22

Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27

Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32

Exhibit 32) (djb) (Entered: 02/05/2021)

02/05/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 64 MOTION for Summary Judgment of

Defendants' Affirmative Defenses Relating to Government Fault, 71 Sealed Defendants'

Memorandum in Opposition; 65 Sealed Defendant's Motion for Summary Judgment, 70

Plaintiff's Memorandum in Opposition to Motion (djb) (Entered: 02/05/2021)

02/11/2021 72 ORDER granting in part and denying in part 1595 Plaintiffs' Omnibus Motion and

Memorandum of Law to Exclude Defendants' Expert Opinions and Testimony, and

granting in part and denying in part 1605 Defendants' Omnibus Motion to Exclude

Plaintiffs' Putative Expert Opinions Under Daubert and Rule 702 as follows: The motions

are GRANTED to the extent they seek to exclude the portions of General Edens, Sergeant

Major Hustons, Dr. Fallons, LTC Tutens, and Dr. Crawfords expert opinions identified as

unreliable, unhelpful, or unduly prejudicial in this Order; The motions are DENIED to

the extent they seek to exclude these experts opinions in their entirety. Signed by JUDGE

M CASEY RODGERS on 2/11/2021. (hhd) (Entered: 02/11/2021)

02/12/2021 73 ORDER denying 51 Defendants' Motion to Preclude All Testimony or Evidence Relating

to Lloyd Baker's Future Medical Expenses, Future Earnings, and Mental Health. Signed

by MAGISTRATE JUDGE GARY R JONES on 02/12/21. (grj) (Entered: 02/12/2021)

02/24/2021 74 ORDER SETTING TRIAL AND PRETRIAL SCHEDULE: Plaintiff McCombs trial will

begin Monday, May 17, 2021 and conclude by Friday, May 28, 2021. Plaintiff Baker's

trial will begin Monday, June 7, 2021, and conclude by Friday, June 18, 2021. A pretrial

conference for both trials will be held April 30, 2021, beginning at 8:30AM. The

attorney's conference required by paragraph III must be held no later than March 26,

2021. The pretrial stipulation and other papers required by paragraphs IV and V must be

filed no later than April 16, 2021. Motions in limine regarding evidentiary matters

known to counsel or those that should be reasonably anticipated must be filed no later

than April 16, 2021, with responsive memoranda due within 5 calendar days. Signed by

JUDGE M CASEY RODGERS on 2/24/2021. (Attachments: # 1 Exhibit A) (djb)

(Entered: 02/25/2021)

02/24/2021 75 PRETRIAL ORDER NO. 71. This Order governs the parties' witness lists, deposition

designations, and exhibit lists for the McCombs and Baker trials. Signed by JUDGE M

CASEY RODGERS on 2/24/2021. (djb) (Entered: 02/25/2021)

02/28/2021 76 ORDER GRANTING IN PART AND DENYING IN PART 45 Plaintiffs' Omnibus

Motion to Exclude Defendants' Expert Opinions and Testimony and GRANTING IN

PART AND DENYING IN PART 56 Defendants' Omnibus Motion to Exclude Plaintiffs'

Putative Expert Opinions Under Daubert and Rule 702 as to the following experts: Elliott

Berger, Drs. John House, Derek Jones, Jennifer LaBorde, Margaret Richards, Moises

Arriaga, Eric Bielefeld, Elizabeth Davis, David Eddins, Marc Fagelson, and John Franks,

Roger Juneau, Kristin Kucsma, Rear Adm. Althea Coetzee Leslie, Drs. Lawrence Lustig

and David Madigan, Richard McKinley, Dr. Mark Packer, Eric Rose, and Dr. Christopher

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Spankovich. Signed by JUDGE M CASEY RODGERS on 2/28/2021. (hhd) Modified on

3/1/2021 (djb). (Entered: 02/28/2021)

03/04/2021 77 ORDER GRANTING IN PART AND DENYING IN PART 45 Plaintiffs' Omnibus

Motion to Exclude Defendants' Expert Opinions and Testimony and GRANTING IN

PART AND DENYING IN PART 56 Defendants' Omnibus Motion to Exclude Plaintiffs'

Putative Expert Opinions Under Daubert and Rule 702 as to the following experts: Drs.

Gregory A. Flamme and Mark R. Stephenson, John Casali, and Harri Kytomaa, and

Robert Johnson. Signed by JUDGE M CASEY RODGERS on 3/4/2021. (hhd) Modified

on 3/4/2021 (djb). (Entered: 03/04/2021)

03/13/2021 78 ORDER GRANTING 1595 Plaintiffs' Omnibus Motion to Exclude Defendants' Expert

Opinions and Testimony under Rules 702 and Daubert as to Dr. Richard Neitzel and

Jennifer Sahmel; their opinions are excluded in their entirety. Signed by JUDGE M

CASEY RODGERS on 3/13/2021. (hhd) (Entered: 03/13/2021)

03/16/2021 79 SEALED PLAINTIFF'S MEMORANDUM IN SUPPORT OF MOTION TO STRIKE

MARK VAN DENSEN FROM DEFENDANTS' WITNESS LIST by LLOYD EUGENE

BAKER. (Attachments: # 1 Declaration of Sean P. Tracey In Support, # 2 PX-1, # 3 PX2, # 4 PX-3, # 5 PX-4, # 6 PX-5, # 7 PX-6, # 8 PX-7, # 9 PX-8, # 10 PX-9, # 11 PX-10)

(djb) (Entered: 03/17/2021)

03/17/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 79 SEALED PLAINTIFFS

MEMORANDUM IN SUPPORT OF MOTION TO STRIKE MARK VAN DENSEN

FROM DEFENDANTS WITNESS LIST. Referred to GARY R JONES. (djb) (Entered:

03/17/2021)

03/18/2021 80 SEALED DEFENDANTS' MOTION TO STRIKE DANIEL OHAMA FROM

PLAINTIFFS' WITNESS LIST by 3M COMPANY, AEARO TECHNOLOGIES LLC.

(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6

Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, #

12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17

Exhibit 17) (djb) (Entered: 03/19/2021)

03/19/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 80 SEALED

DEFENDANTS' MOTION TO STRIKE DANIEL OHAMA FROM PLAINTIFFS'

WITNESS LIST. Referred to GARY R JONES. (djb) (Entered: 03/19/2021)

03/23/2021 81 SEALED PLAINTIFF'S MEMORANDUM IN SUPPORT OF MOTION TO EXCLUDE

TESTIMONY OF LTC KARA CAVE AND STRIKE HER FROM DEFENDANTS'

TRIAL WITNESS LIST by LLOYD EUGENE BAKER. (Attachments: # 1 Declaration

of Sean P. Tracey In Support, # 2 Exhibit PX-1, # 3 Exhibit PX-2, # 4 Exhibit PX-3, # 5

Exhibit PX-4, # 6 Exhibit PX-5, # 7 Exhibit PX-6, # 8 Exhibit PX-7, # 9 Exhibit PX-8, #

10 Exhibit PX-9, # 11 Exhibit PX-10, # 12 Exhibit PX-11, # 13 Exhibit PX-12) (djb)

(Entered: 03/24/2021)

03/24/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 81 SEALED PLAINTIFF'S

MEMORANDUM IN SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF LTC

KARA CAVE AND STRIKE HER FROM DEFENDANTS' TRIAL WITNESS LIST.

Referred to GARY R JONES. (djb) (Entered: 03/24/2021)

03/24/2021 82 Sealed PLAINTIFF'S MEMORANDUM IN OPPOSITION TO DEFENDANTS'

MOTION TO STRIKE DR. DANIEL OHAMA. (Attachments: # 1 Exhibit PX-1, # 2

Exhibit PX-2, # 3 Exhibit PX-3, # 4 Exhibit PX-4, # 5 Exhibit PX-4(A), # 6 Exhibit PXCase 7:20-cv-00039-MCR-GRJ Document 195 Filed 07/15/21 Page 33 of 43
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5, # 7 Exhibit PX-6, # 8 Exhibit PX-7, # 9 Exhibit PX-7A, # 10 Exhibit PX-8, # 11

Exhibit PX-9, # 12 Exhibit PX-10) (djb) (Entered: 03/24/2021)

03/24/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 80 SEALED Defendants'

Motion to Strike Dr. Daniel Ohama from Plaintiff's Witness List, 82 Sealed Plaintiff's

Memorandum in Opposition to Defendants' Motion to Strike Dr. Daniel Ohama. Referred

to GARY R JONES. (djb) (Entered: 03/24/2021)

03/30/2021 83 Sealed DEFENDANTS' OPPOSITION TO 79 PLAINTIFF'S MOTION TO STRIKE

MARK VAN DENSEN FROM DEFENDANTS' WITNESS LIST (Attachments: # 1

Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7

Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9) (djb) (Entered: 03/31/2021)

03/31/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 83 Sealed DEFENDANTS'

OPPOSITION TO 79 PLAINTIFF'S MOTION TO STRIKE MARK VAN DENSEN

FROM DEFENDANTS' WITNESS LIST Referred to GARY R JONES. (djb) (Entered:

03/31/2021)

04/02/2021 84 ORDER denying 79 Plaintiff's Motion to Strike Mark Van Densen from Defendants'

Witness List; denying 80 Defendants' Motion to Strike Daniel Ohama from Plaintiffs'

Witness List. Signed by MAGISTRATE JUDGE GARY R JONES on 04/02/21. (grj)

(Entered: 04/02/2021)

04/06/2021 85 Sealed Defendants' Opposition to Plaintiff's Motion to Exclude Testimony of LTC Kra

Cave and Strike Her From Defendants' Trial Witness List. (Attachments: # 1 Exhibit 1, #

2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (djb) (Entered:

04/06/2021)

04/06/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 85 Sealed Defendants'

Opposition to Plaintiff's Motion to Exclude Testimony of LTC Kra Cave and Strike Her

From Defendants' Trial Witness List, 81 SEALED PLAINTIFF'S MEMORANDUM IN

SUPPORT OF MOTION TO EXCLUDE TESTIMONY OF LTC KARA CAVE AND

STRIKE HER FROM DEFENDANTS' TRIAL WITNESS LIST. Referred to GARY R

JONES. (djb) (Entered: 04/06/2021)

04/08/2021 86 ORDER denying 81 Plaintiff's Motion to Exclude Testimony of LTC Kara Cave and

Strike Her From Defendants' Witness List. Signed by MAGISTRATE JUDGE GARY R

JONES on 04/08/21. (grj) (Entered: 04/08/2021)

04/08/2021 87 ORDER granting in part and denying in part 65 Defendants' motion for summary

judgment. Signed by JUDGE M CASEY RODGERS on 4/8/2021. (hhd) (Entered:

04/08/2021)

04/09/2021 88 PRETRIAL ORDER NO. 74. Motions in Limine in McCombs and Baker. Signed by

JUDGE M CASEY RODGERS on 4/9/2021. (hhd) (Entered: 04/09/2021)

04/15/2021 89 NOTICE Objections to Court's April 2, 2021 and April 8, 2021 Orders by LLOYD

EUGENE BAKER re 84 Order on Sealed Motion,,, 86 Order on Sealed Motion

(TRACEY, SEAN) (Entered: 04/15/2021)

04/15/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 89 Plaintiff Baker's Objections to the

Court's April 2, 2021 and April 8, 2021 Orders, re: 84 Order, 86 Order (djb) (Entered:

04/15/2021)

04/16/2021 90 First MOTION to Amend/Correct Trial Witness List to Add Dr. Moises Arriaga to his

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Witness List by LLOYD EUGENE BAKER. (Attachments: # 1 Exhibit Declaration of

Sean Patrick Tracey in Support of Plaintiff's Motion for Leave to Add Dr. Arriaga to

Witness List, # 2 Exhibit Ex A. Plaintiff's Second Amended Witness List, # 3 Exhibit Ex

B. EHK Trial Transcript Excerpt 04.07.21, # 4 Exhibit Ex C. EHK Trial Transcript

Excerpt 04.09.21) (TRACEY, SEAN) (Entered: 04/16/2021)

04/16/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 90 MOTION to Amend Trial Witness List

to Add Dr. Moises Arriaga to his Witness List (djb) (Entered: 04/16/2021)

04/16/2021 91 TRIAL BRIEF REGARDING SOPHISTICATED INTERMEDIARY AND BULK

SUPPLIER DEFENSES by 3M COMPANY, AEARO TECHNOLOGIES LLC.

(BRANSCOME, KIMBERLY) (Entered: 04/16/2021)

04/16/2021 92 Proposed Verdict Form by LLOYD EUGENE BAKER. (TRACEY, SEAN) (Entered:

04/16/2021)

04/16/2021 93 MOTION in Limine TO PRECLUDE CERTAIN EVIDENCE by 3M COMPANY,

AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit

3, # 4 Exhibit 4, # 5 Exhibit 5) (BRANSCOME, KIMBERLY) (Entered: 04/16/2021)

04/16/2021 94 Proposed Jury Instructions by LLOYD EUGENE BAKER. (TRACEY, SEAN) (Entered:

04/16/2021)

04/16/2021 95 TRIAL BRIEF on 3M's Intermediary Defenses by LLOYD EUGENE BAKER.

(TRACEY, SEAN) (Entered: 04/16/2021)

04/16/2021 96 Proposed Verdict Form by 3M COMPANY, AEARO TECHNOLOGIES LLC.

(BRANSCOME, KIMBERLY) (Entered: 04/16/2021)

04/16/2021 97 Proposed Jury Instructions by 3M COMPANY, AEARO TECHNOLOGIES LLC.

(BRANSCOME, KIMBERLY) (Entered: 04/16/2021)

04/16/2021 98 JOINT MOTION Identifying Previously-Filed Motions in Limine Refiled Pursuant to

PTO 74 by 3M COMPANY, AEARO TECHNOLOGIES LLC. (BRANSCOME,

KIMBERLY) Modified on 4/22/2021 (djb). (Entered: 04/16/2021)

04/16/2021 99 Sealed Parties' Joint Pretrial Stipulation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (djb) (Entered: 04/19/2021)

04/16/2021 100 SEALED PLAINTIFF LLOYD BAKER'S OMNIBUS MOTIONS IN LIMINE AND

MEMORANDUM OF LAW by LLOYD EUGENE BAKER. (Attachments: # 1

Declaration of Sean P. Tracey In Support, # 2 Exhibit PX-1, # 3 Exhibit PX-2, # 4 Exhibit

PX-3, # 5 Exhibit PX-4, # 6 Exhibit PX-5, # 7 Exhibit PX-6, # 8 Exhibit PX-7, # 9

Exhibit PX-8, # 10 Exhibit PX-9, # 11 Exhibit PX-10, # 12 Exhibit PX-11, # 13 Exhibit

PX-12, # 14 Exhibit PX-13, # 15 Exhibit PX-14, # 16 Exhibit PX-15, # 17 Exhibit PX16, # 18 Exhibit PX-17, # 19 Exhibit PX-18, # 20 Exhibit PX-19, # 21 Exhibit PX-20, #

22 Exhibit PX-21, # 23 Exhibit PX-22, # 24 Exhibit PX-23, # 25 Exhibit PX-24, # 26

Exhibit PX-25, # 27 Exhibit PX-26, # 28 Exhibit PX-27, # 29 Exhibit PX-28, # 30

Exhibit PX-29, # 31 Exhibit PX-30, # 32 Exhibit PX-31, # 33 Exhibit PX-32, # 34

Exhibit PX-33, # 35 Exhibit PX-34, # 36 Exhibit PX-35, # 37 Exhibit PX-36, # 38

Exhibit PX-37, # 39 Exhibit PX-38, # 40 Exhibit PX-39, # 41 Exhibit PX-40, # 42

Exhibit PX-41, # 43 Exhibit PX-42, # 44 Exhibit PX-43, # 45 Exhibit PX-44) (djb)

(Entered: 04/19/2021)

04/16/2021 Set/Reset Deadlines as to 100 SEALED in Limine TO PRECLUDE CERTAIN

EVIDENCE, 93 MOTION in Limine TO PRECLUDE CERTAIN EVIDENCE. (Internal

deadline for referral to judge if response not filed earlier: 4/21/2021). (djb) (Entered:

04/19/2021)

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04/19/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 91 Trial Brief, 92 Proposed Verdict Form,

94 Proposed Jury Instructions, 95 Trial Brief, 96 Proposed Verdict Form, 97 Proposed

Jury Instructions (djb) (Entered: 04/19/2021)

04/19/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 99 Sealed Parties' Joint Pretrial Stipulation

(djb) (Entered: 04/19/2021)

04/21/2021 101 ORDER. Baker's 64 MOTION for Summary Judgment is GRANTED in part and

DENIED in part. The motion is GRANTED as to Defendants' government-fault

affirmative defenses to the extent those defenses are based on the United States military's

alleged failure to conduct annual audiograms for Baker. The motion is otherwise

DENIED. Signed by JUDGE M CASEY RODGERS on 4/21/2021. (djb) (Entered:

04/21/2021)

04/21/2021 102 Sealed Plaintiff's Opposition to Defendants' 93 Motion in Limine. (Attachments: # 1

Declaration of Sean Patrick Tracey in Opposition to Defendants' Omnibus Motion in

Limine, # 2 Exhibit PX1, # 3 Exhibit PX2, # 4 Exhibit PX3, # 5 Exhibit PX4, # 6 Exhibit

PX5, # 7 Exhibit PX6, # 8 Exhibit PX7, # 9 Exhibit PX8, # 10 Exhibit PX9, # 11 Exhibit

PX10, # 12 Exhibit PX11, # 13 Exhibit PX12, # 14 Exhibit PX13, # 15 Exhibit PX14, #

16 Exhibit PX15, # 17 Exhibit PX16, # 18 Exhibit PX17, # 19 Exhibit PX18) (djb)

(Entered: 04/22/2021)

04/21/2021 103 Sealed Defendants' Response to 100 Plaintiff Lloyd Baker's Omnibus Motion in Limine.

(Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6

Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, #

12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14) (djb) (Entered: 04/22/2021)

04/22/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 93 MOTION in Limine to Preclude Certain

Evidence, 102 Sealed Plaintiff's Opposition to Defendants' Motion in Limine; 100 Sealed

Plaintiff Lloyd Baker's Omnibus Motion is Limine, 103 Sealed Defendants' Response to

100 Plaintiff Lloyd Baker's Omnibus Motion in Limine; 98 JOINT MOTION Identifying

Previously-Filed Motions in Limine Refiled Pursuant to PTO 74. (djb) (Entered:

04/22/2021)

04/23/2021 104 ORDER AMENDING ORDER SETTING TRIAL AND PRETRIAL SCHEDULE. This

Order amends 74 Order Setting Trial and Pretrial Schedule, in the bellwether cases,

McCombs and Baker. The pretrial conference for both trials will be held on Monday,

5/3/2021 at 08:30 AM and if necessary, Tuesday, May 4, 2021 at 1PM. All other

aspects of ECF No. 74 remain unchanged. Signed by JUDGE M CASEY RODGERS on

4/23/2021. Signed by JUDGE M CASEY RODGERS on 4/23/2021. (djb) (Entered:

04/23/2021)

04/29/2021 105 RESPONSE by 3M COMPANY, AEARO TECHNOLOGIES LLC re 89 Notice (Other)

Objections to Court's April 2, 2021 and April 8, 2021 Orders. (BRANSCOME,

KIMBERLY) (Entered: 04/29/2021)

04/30/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 105 Defendants' Response to 89 Plaintiff's

April 15, 2021 Objections to the Court's April 2, 2021 84 Order, and April 8, 2021 86

Order. (djb) (Entered: 04/30/2021)

04/30/2021 106 NOTICE of Appearance by DAVID R BUCHANAN on behalf of LLOYD EUGENE

BAKER (BUCHANAN, DAVID) (Entered: 04/30/2021)

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04/30/2021 107 NOTICE of Appearance by MAXWELL H KELLY on behalf of LLOYD EUGENE

BAKER (KELLY, MAXWELL) (Entered: 04/30/2021)

04/30/2021 108 NOTICE of Appearance by CALEB A SEELEY on behalf of LLOYD EUGENE

BAKER (SEELEY, CALEB) (Entered: 04/30/2021)

04/30/2021 109 NOTICE of Appearance by SHELLEY VAN NATTER HUTSON on behalf of LLOYD

EUGENE BAKER (HUTSON, SHELLEY) (Entered: 04/30/2021)

04/30/2021 110 NOTICE of Appearance by EMILY B MARLOWE on behalf of LLOYD EUGENE

BAKER (MARLOWE, EMILY) (Entered: 04/30/2021)

04/30/2021 111 NOTICE of Appearance by MICHAEL A SACCHET on behalf of LLOYD EUGENE

BAKER (SACCHET, MICHAEL) (Entered: 04/30/2021)

04/30/2021 115 Sealed Defendants' Opposition to Plaintiff's Motion to Amend His Witness List to

Include Dr. Arriaga. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit

4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (djb) (Entered: 05/03/2021)

05/01/2021 112 ORDER granting in part and denying in part 93 Defendants' Motions in Limine and 100

Plaintiff Lloyd Baker's Omnibus Motions in Limine. Signed by JUDGE M CASEY

RODGERS on 5/1/2021. (hhd) (Entered: 05/01/2021)

05/02/2021 113 NOTICE FOR PRETRIAL CONFERENCE. The pretrial conference for the trials in

McCombs and Baker will begin on Monday, May 3, 2021 at 8:30AM, and will continue

on Tuesday, May 4, 2021 at 1:30PM, if necessary. Signed by JUDGE M CASEY

RODGERS on 5/2/2021. (hhd) (Entered: 05/02/2021)

05/02/2021 114 ORDER denying 90 Plaintiff Lloyd Baker's Motion for Leave to Add Dr. Moises Arriaga

to his Witness List. Signed by JUDGE M CASEY RODGERS on 5/2/2021. (hhd)

(Entered: 05/02/2021)

05/03/2021 116 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Final Pretrial

Conference held on 5/3/2021. Combined with case #7:20cv94. Order to follow. (Court

Reporter Donna Boland.) (sps) (Entered: 05/04/2021)

05/05/2021 117 ORDER excluding testimony of Jennifer Coleman. Signed by JUDGE M CASEY

RODGERS on 5/5/2021. (hhd) (Entered: 05/05/2021)

05/06/2021 118 ORDER. Baker's 100 Motion in Limine to exclude evidence, argument, or testimony

regarding the Test Reports is GRANTED. Signed by JUDGE M CASEY RODGERS on

5/6/2021. (djb) (Entered: 05/06/2021)

05/06/2021 119 ORDER applying to all scientific study reports sought to be admitted by either side

during trial. Signed by JUDGE M CASEY RODGERS on 5/6/2021. (djb) (Entered:

05/06/2021)

05/11/2021 120 ORDER. The parties' omnibus motions to exclude expert opinions under Rule 702 and

Daubert, ECF Nos. 1595 and 1605 , are granted in part and denied in part, consistent with

this Order, with respect to Dennis Driscoll, Dr. Mark Packer's PTSD opinion in Baker,

and Dr. Marc Fagelson's PTSD and sleep disorder opinion in McCombs. Signed by

JUDGE M CASEY RODGERS on 5/11/2021. (djb) (Entered: 05/11/2021)

05/13/2021 121 ORDER Re: 89 Plaintiffs' Objections to portions of the Magistrate Judge's Orders dated

April 2, 2021, ECF No. 84 and April 8, 2021, ECF No. 86 , denying Plaintiffs motions to

exclude the deposition testimonies of LTC Kara Cave and Mark Van Densen. On

Consideration, the objections are overruled. Because the Magistrate Judge found that

Baker was not provided with "reasonable notice" of Van Densens deposition, the Court

will permit Baker an extended deadline to submit affirmative deposition designations for

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Van Densens testimony. The extended deadline to submit these designations will be May

24, 2021 at 5PM. Signed by JUDGE M CASEY RODGERS on 5/13/2021. (djb)

(Entered: 05/13/2021)

05/17/2021 122 SEALED Defendants' MOTION to Quash the Subpoenas to Elliott Berger and Brian

Myers by 3M COMPANY, AEARO TECHNOLOGIES LLC. (Attachments: # 1 Exhibit

1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)

(djb) (Entered: 05/17/2021)

05/17/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 122 SEALED Defendants'

MOTION to Quash the Subpoenas to Elliott Berger and Brian Myers. Referred to GARY

R JONES. (djb) (Entered: 05/17/2021)

05/18/2021 123 ORDER directing Plaintiff to file a response by Monday, May 24, 2021 re 122

Defendants' Motion to Quash Subpoenas to Elliott Berger and Brian Myers, filed by 3M

COMPANY, AEARO TECHNOLOGIES LLC. Signed by MAGISTRATE JUDGE

GARY R JONES on 05/18/21. (grj) (Entered: 05/18/2021)

05/18/2021 124 NOTICE of Appearance by MEGAN L ODOM on behalf of LLOYD EUGENE BAKER

(ODOM, MEGAN) (Entered: 05/18/2021)

05/19/2021 125 TRIAL BRIEF on inadmissibility of Cheryl Parker's testimony and C&P Exam Report by

LLOYD EUGENE BAKER. (Attachments: # 1 Appendix Declaration by Sean Tracey, #

2 Exhibit Ex 1. Defendants Proposed Redactions to D-Baker 26, # 3 Exhibit Ex 1.

Plaintiff Baker Proposed Redactions to D-Baker 26) (TRACEY, SEAN) (Entered:

05/19/2021)

05/19/2021 126 Sealed Defendants' Trial Brief Regarding Plaintiff Lloyd Baker's Compensation &

Pension Examination and Testimony Related Thereto. (Attachments: # 1 Exhibit 1, # 2

Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (djb) (Entered: 05/20/2021)

05/19/2021 127 SEALED Defendant's MOTION to Compel and Trial Brief Regarding Dr. Packer's

PCAST Presentation and Related Documents by 3M COMPANY, AEARO

TECHNOLOGIES LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4

Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (djb) (Entered: 05/20/2021)

05/20/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 125 Plaintiff's Brief on Inadmissibility of

Cheryl Parker's Deposition Testimony and C&P Report, 126 Sealed Defendants' Trial

Brief Regarding Plaintiff Lloyd Baker's Compensation & Pension Examination and

Testimony Related Thereto (djb) (Entered: 05/20/2021)

05/20/2021 ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE

JUDGE GARY R JONES notified that action is needed Re: 127 SEALED Defendant's

MOTION to Compel and Trial Brief Regarding Dr. Packer's PCAST Presentation and

Related Documents. Referred to GARY R JONES. (djb) (Entered: 05/20/2021)

05/20/2021 Motions No Longer Referred: 127 SEALED Motion to Compel and Trial Brief

Regarding Dr. Packers PCAST Presentation and Related Documents (djb) (Entered:

05/20/2021)

05/20/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 127 SEALED Motion to Compel and Trial

Brief Regarding Dr. Packers PCAST Presentation and Related Documents (djb) (Entered:

05/20/2021)

05/20/2021 128 ORDER - Plaintiff Baker must file his response to Defendants' 127 Motion to Compel

and Trial Brief on or before 5/26/2021. Signed by JUDGE M CASEY RODGERS on

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5/20/2021. (djb) (Entered: 05/20/2021)

05/21/2021 129 EXHIBITS ORDER NO. 1. Signed by JUDGE M CASEY RODGERS on 5/21/2021.

(Attachments: # 1 Exhibit 1) (hhd) (Entered: 05/21/2021)

05/21/2021 131 Sealed Plaintiff's Response in Opposition to Defendants' Motion to Quash the Subpoenas

to Elliott Berger and Brian Myers. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3

Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9

Exhibit I, # 10 Exhibit J, # 11 Exhibit K) (djb) (Entered: 05/25/2021)

05/24/2021 130 ORDER scheduling a telephonic hearing before Magistrate Judge Gary R. Jones on May

27, 2021 at 2:30 PM EST re 122 Defendants' Motion to Quash Subpoenas to Elliott

Berger and Brian Myers, filed by 3M COMPANY, AEARO TECHNOLOGIES LLC.

Signed by MAGISTRATE JUDGE GARY R JONES on 05/24/21. (grj) (Entered:

05/24/2021)

05/24/2021 Set Deadlines as to 122 Motion to Quash the Subpoenas to Elliot Berger and Brian

Myers. Telephonic Hearing set for Thursday, 5/27/2021 02:30 PM Eastern Time before

MAGISTRATE JUDGE GARY R JONES. (djb) (Entered: 05/25/2021)

05/25/2021 132 Sealed Plaintiff's Response in Opposition to to 3M's Motion to Compel and Trial Brief

Regarding Dr. Packer's PCAST Presentation and Related Documents. (Attachments: # 1

Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (djb) (Entered: 05/26/2021)

05/26/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 132 Sealed Plaintiff's Response in

Opposition to 127 SEALED Defendant's MOTION to Compel and Trial Brief Regarding

Dr. Packer's PCAST Presentation and Related Documents. (djb) (Entered: 05/26/2021)

05/27/2021 141 Minute Entry for proceedings held before MAGISTRATE JUDGE GARY R JONES:

Motion Hearing held on 5/27/2021 re 122 SEALED MOTION filed by 3M COMPANY,

AEARO TECHNOLOGIES LLC. (Court Reporter Lisa Snyder, Official Court Reporter

TLH) (atm) (Entered: 06/02/2021)

05/28/2021 133 ORDER granting in part and denying in part 122 Defendants' Motion to Quash the

Subpoenas to Elliott Berger and Brian Myers. Plaintiff is granted leave to present the

contemporaneous transmission of the testimony of Elliott Berger under Rule 43(a).

Plaintiff is not granted leave to present the contemporaneous transmission of the

testimony of Brian Myers and therefore the subpoena served on Brian Myers is quashed.

Signed by MAGISTRATE JUDGE GARY R JONES on 05/28/21. (grj) (Entered:

05/28/2021)

05/28/2021 134 PRETRIAL ORDER NO. 78. Juror questionnaires in Baker. Signed by JUDGE M

CASEY RODGERS on 5/28/2021. (Attachments: # 1 Exhibit A) (hhd) (Entered:

05/28/2021)

05/28/2021 135 PRETRIAL ORDER NO. 79. Trial Time Allocation in Baker. Signed by JUDGE M

CASEY RODGERS on 5/28/2021. (hhd) (Entered: 05/28/2021)

05/28/2021 136 NOTICE of Appearance by JONATHAN S TAM on behalf of 3M COMPANY, AEARO

TECHNOLOGIES LLC (TAM, JONATHAN) (Entered: 05/28/2021)

05/28/2021 137 NOTICE of Appearance by ALLISON K OZUROVICH on behalf of 3M COMPANY,

AEARO TECHNOLOGIES LLC (OZUROVICH, ALLISON) (Entered: 05/28/2021)

05/28/2021 138 NOTICE of Appearance by JAY L BHIMANI on behalf of 3M COMPANY, AEARO

TECHNOLOGIES LLC (BHIMANI, JAY) (Entered: 05/28/2021)

05/28/2021 139 NOTICE of Appearance by MARY H KIM on behalf of 3M COMPANY, AEARO

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TECHNOLOGIES LLC (KIM, MARY) (Entered: 05/28/2021)

05/28/2021 140 NOTICE of Appearance by CRAIG CASTIGLIA on behalf of 3M COMPANY, AEARO

TECHNOLOGIES LLC (CASTIGLIA, CRAIG) (Entered: 05/28/2021)

06/02/2021 142 DEPOSITION DESIGNATIONS ORDER NO. 1. Signed by JUDGE M CASEY

RODGERS on 6/2/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/02/2021)

06/03/2021 143 ORDER - The 127 Defendants' Motion to Compel and Trial Brief Regarding Dr. Mark

Packer's PCAST Presentation and Related Documents is DENIED. Signed by JUDGE M

CASEY RODGERS on 6/3/3021. (djb) (Entered: 06/03/2021)

06/03/2021 144 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Motion Hearing held

on 5/27/2021, before Judge Gary Jones. Court Reporter/Transcriber Lisa Snyder,

Telephone number 8505671374. Tape Number: lisasnydercr@gmail.com. 

Transcript may be viewed at the court public terminal or purchased through

the Court Reporter/Transcriber before the deadline for Release of Transcript

Restriction. After that date it may be obtained through PACER. 

Redaction Request due 6/10/2021. Release of Transcript Restriction set for 9/8/2021. (ls)

(Entered: 06/03/2021)

06/03/2021 145 DEPOSITION DESIGNATIONS ORDER NO. 2. Signed by JUDGE M CASEY

RODGERS on 6/3/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/03/2021)

06/04/2021 146 ORDER - The Court finds it necessary to clarify its prior ruling denying Defendants'

motion to exclude evidence of the 1993 fine imposed by the Department of Justice (DOJ)

and the Environmental Protection Agency (EPA) on Cabot Safety Corporation. Signed by

JUDGE M CASEY RODGERS on 6/4/2021. (djb) (Entered: 06/04/2021)

06/04/2021 147 DEPOSITION DESIGNATIONS ORDER NO. 3. Signed by JUDGE M CASEY

RODGERS on 6/4/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/04/2021)

06/04/2021 148 NOTICE of Appearance by MICAH DAVID BROWN on behalf of All Defendants

(BROWN, MICAH) (Entered: 06/04/2021)

06/04/2021 149 DEPOSITION DESIGNATIONS ORDER NO. 4. Signed by JUDGE M CASEY

RODGERS on 6/4/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/04/2021)

06/04/2021 150 NOTICE of Appearance by KYLE RICHARD DECAMP on behalf of All Defendants

(DECAMP, KYLE) (Entered: 06/04/2021)

06/05/2021 151 ORDER regarding Plaintiff Baker's VA disability determination records. This Order

resolves the parties' simultaneous briefing (ECF Nos. 125 and 126 ) on the admissibility

of the C&P Report and Parker's deposition testimony. Signed by JUDGE M CASEY

RODGERS on 6/5/2021. (hhd) (Entered: 06/05/2021)

06/06/2021 152 EXHIBITS ORDER NO. 2. Signed by JUDGE M CASEY RODGERS on 6/6/2021.

(Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/06/2021)

06/06/2021 153 DEPOSITION DESIGNATIONS ORDER NO. 5. Signed by JUDGE M CASEY

RODGERS on 6/6/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/06/2021)

06/06/2021 154 DEPOSITION DESIGNATIONS ORDER NO. 6. Signed by JUDGE M CASEY

RODGERS on 6/6/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/06/2021)

06/07/2021 155 DEPOSITION DESIGNATIONS ORDER NO. 7. Signed by JUDGE M CASEY

RODGERS on 6/7/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/07/2021)

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06/07/2021 156 NOTICE Verification of Compliance with PTO 78 and Destruction of Juror

Questionnaires by LLOYD EUGENE BAKER re 134 Order (TRACEY, SEAN)

(Entered: 06/07/2021)

06/07/2021 158 Minute Entry for proceedings held before JUDGE M CASEY RODGERS: Jury Selection

held on 6/07/2021. Jury Trial to follow immediately. (PDFs sealed per privacy policy.)

(Court Reporter Donna Boland.) (Attachments: # 1 Jury Challenge List, # 2 Jury Checkin Papers, # 3 Juror Questionnaires) (sps) (Entered: 06/08/2021)

06/07/2021 160 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 1) held on 6/7/2021. Opening Statements heard, trial continues. (Court Reporter

Donna Boland.) (sps) (Entered: 06/08/2021)

06/08/2021 157 ACKNOWLEDGMENT and Verification of Compliance with PTO Order No. 78 and

Destruction of Juror Questionnaires. (BRANSCOME, KIMBERLY) (Entered:

06/08/2021)

06/08/2021 159 EXHIBITS ORDER NO. 3. Signed by JUDGE M CASEY RODGERS on 6/8/2021.

(Attachments: # 1 Exhibit 1) (djb) (Entered: 06/08/2021)

06/08/2021 161 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 2) held on 6/8/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (sps). (Main Document 161 replaced on 6/10/2021) (sps). (Entered:

06/08/2021)

06/08/2021 162 ORDER for Jury Meals (Copy to Finance) for 6/9/2021 only. Signed by JUDGE M

CASEY RODGERS on 6/8/2021. (sps) (Entered: 06/08/2021)

06/09/2021 163 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 3) held on 6/9/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Entered: 06/10/2021)

06/10/2021 164 DEPOSITION DESIGNATIONS ORDER NO. 8. Signed by JUDGE M CASEY

RODGERS on 6/10/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/10/2021)

06/10/2021 165 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 4) held on 6/10/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Main Document 165 replaced on 6/11/2021) (sps). (Entered: 06/11/2021)

06/11/2021 166 DEPOSITION DESIGNATIONS ORDER NO. 9. Signed by JUDGE M CASEY

RODGERS on 6/11/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/11/2021)

06/11/2021 167 DEPOSITION DESIGNATIONS ORDER NO. 10. Signed by JUDGE M CASEY

RODGERS on 6/11/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/11/2021)

06/11/2021 168 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 5) held on 6/11/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Entered: 06/13/2021)

06/14/2021 169 DEPOSITION DESIGNATIONS ORDER NO. 11. Signed by JUDGE M CASEY

RODGERS on 6/14/2021. (Attachments: # 1 Exhibit 1) (hhd) (Entered: 06/14/2021)

06/14/2021 171 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 6) held on 6/14/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Entered: 06/15/2021)

06/15/2021 170 DEPOSITION DESIGNATIONS ORDER NO. 12. Signed by JUDGE M CASEY

RODGERS on 6/15/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/15/2021)

06/15/2021 172 DEPOSITION DESIGNATIONS ORDER NO. 13. Signed by JUDGE M CASEY

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RODGERS on 6/15/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/15/2021)

06/15/2021 173 DEPOSITION DESIGNATIONS ORDER NO. 14. Signed by JUDGE M CASEY

RODGERS on 6/15/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/15/2021)

06/15/2021 174 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 7) held on 6/15/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Entered: 06/16/2021)

06/15/2021 175 ORDER for Jury Meals (Copy to Finance). Signed by JUDGE M CASEY RODGERS on

6/15/2021. (sps) (Entered: 06/16/2021)

06/16/2021 177 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 8) held on 6/16/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Entered: 06/17/2021)

06/17/2021 176 DEPOSITION DESIGNATIONS ORDER NO. 15. Signed by JUDGE M CASEY

RODGERS on 6/17/2021. (Attachments: # 1 Exhibit 1) (djb) (Entered: 06/17/2021)

06/17/2021 178 ORDER denying Defendants' Motion for Judgment as a Matter of Law under Federal

Rule of Civil Procedure 50(a) and granting in part and denying in part Baker's Motion for

Judgment as a Matter of Law under Federal Rule of Civil Procedure 50(a). Signed by

JUDGE M CASEY RODGERS on 6/17/2021. (hhd) (Entered: 06/17/2021)

06/17/2021 179 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 9) held on 6/17/2021. Evidence entered, trial continues. (Court Reporter Donna

Boland.) (sps) (Entered: 06/17/2021)

06/18/2021 182 Court's Instructions to the Jury. (sps) (Entered: 06/21/2021)

06/18/2021 183 JURY VERDICT (pdf redacted - per privacy policy). (sps) (Entered: 06/21/2021)

06/18/2021 184 Sealed Document.[Jury Verdict Form - w/foreperson's signature sealed per privacy

policy.] (sps) (Entered: 06/21/2021)

06/18/2021 185 Jury Seating Arrangement (pdf sealed). (sps) (Entered: 06/21/2021)

06/21/2021 180 ORDER. On June 18, 2021, the Court entered an oral ruling from the bench in connection

with the document attached as Exhibit A. Accordingly, the document is hereby made a

part of the record in this case. Signed by JUDGE M CASEY RODGERS on 6/21/2021.

(alb) (Entered: 06/21/2021)

06/21/2021 181 Minute Entry for proceedings held before JUDGE M CASEY RODGERS:Jury Trial

(Day 10) completed on 6/18/2021. The jury returns a verdict in favor of the Plaintiff and

against the Defendants (see separate verdict form). Attached: Combined witness and

exhibit lists. Plaintiff and Defendants' Exhibits admitted (electronic copies saved on

external hard drive) and placed in clerks secured storage. Demonstratives (not for jury)

also saved on same electronic device. (Court Reporter Donna Boland.) (Attachments: # 1

Combined Witness List, # 2 Combined Exhibit List) (sps) (Entered: 06/21/2021)

06/21/2021 186 CLERK'S JUDGMENT re 183 Jury Verdict. 90 Day Exhibit Return Deadline set for

9/20/2021 (sps) (Entered: 06/21/2021)

06/22/2021 187 ORDER further memorializing the Court's findings in connection with the summary

imposition of sanctions on June 18, 2021. Signed by JUDGE M CASEY RODGERS on

6/22/2021. (kr) (Entered: 06/22/2021)

07/06/2021 188 MOTION to Extend TimePlaintiffs' Consent Motion to Extend Time to Submit Bill of

Costs Through Appeal by CINDY BAKER, LLOYD EUGENE BAKER. (AYLSTOCK,

BRYAN) (Entered: 07/06/2021)

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07/07/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 188 Plaintiffs' Consent Motion to Extend

Time to Submit Bill of Costs Through Appeal (djb) (Entered: 07/07/2021)

07/07/2021 189 NOTICE OF FILING by Kimberly Branscome, Jay Bhimani (Attachments: # 1 Exhibit

A, # 2 Exhibit B) (HILL, THOMAS) (Entered: 07/07/2021)

07/07/2021 190 ORDER granting 188 Plaintiffs' Consent Motion to Extend Time to Submit Bill of Costs

Through Appeal. Plaintiff's bill of costs are due 14 days after the conclusion of any

appeal from the final judgment. Signed by JUDGE M CASEY RODGERS on 7/7/2021.

(djb) (Entered: 07/07/2021)

07/09/2021 191 MOTION Approval of supersedeas bond and staying execution of monetary sanctions

pending appeal re 187 Order by Jay Bhimani, Kimberly Branscome. (Attachments: # 1

Exhibit A - supersedeas bond) (HILL, THOMAS) (Entered: 07/09/2021)

07/09/2021 ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY

RODGERS notified that action is needed Re: 191 MOTION Approval of supersedeas

bond and staying execution of monetary sanctions pending appeal re 187 Order (djb)

(Entered: 07/09/2021)

07/12/2021 192 ORDER - Kimberly O. Branscome and Jay L. Bhimani's 191 Motion to Post Bond and

Stay the Execution of Monetary Sanctions Pending Appeal is GRANTED, as requested.

Signed by JUDGE M CASEY RODGERS on 7/12/2021. (djb) (Entered: 07/12/2021)

07/15/2021 193 NOTICE OF APPEAL as to 180 Order, 187 Order by Jay Bhimani, Kimberly

Branscome. ( Filing fee $505 Receipt Number AFLNDC-6183971.) (BEALL,

CHARLES) (Entered: 07/15/2021)

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