UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

LIABILITY LITIGATION

This Document Relates to:

_Anthony Edward Ochoa, Jr.

PLAINTIFF(S),

v.

3M COMPANY, 3M 

OCCUPATIONAL SAFETY LLC, 

AEARO HOLDING LLC, AEARO 

INTERMEDIATE LLC, AEARO LLC, 

and AEARO TECHNOLOGIES LLC,

DEFENDANTS.

Case No. 3:19-md-2885

Judge M. Casey Rodgers 

Magistrate Judge Hope T. Cannon

MASTER SHORT FORM 

COMPLAINT AND 

JURY TRIAL DEMAND

Civil Action No.: 

MASTER SHORT FORM COMPLAINT AND JURY TRIAL DEMAND

Plaintiff(s) incorporate(s) by reference the Master Long Form Complaint and 

Jury Trial Demand filed in In re: 3M Combat Arms Earplug Products Liability 

Litigation on September 20, 2019. Pursuant to Pretrial Order No. _1 7 , this Short 

Form Complaint adopts the allegations, claims, and requested relief as set forth in 

the Master Long Form Complaint. As necessary herein, Plaintiff(s) may include:

(a) additional claims and allegations against Defendants, as set forth in Paragraphs 

10 and 11 or an additional sheet attached hereto; and/or (b) additional claims and

Case 3:19-md-02885-MCR-HTC Document 3698 Filed 03/13/23 Page 1 of 6
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Anthony Edward Ochoa, Jr.

N/A

N/A

allegations against other Defendants not listed in the Master Long Form Complaint, 

as set forth in Paragraphs 12 and 13 or an additional sheet attached hereto.

Plaintiff(s) further allege(s) as follows:

I. DEFENDANTS

1. Plaintiff(s) name(s) the following Defendants in this action:

_

X 3M Company

_X 3M Occupational Safety LLC

Aearo Holding LLC

Aearo Intermediate LLC

Aearo LLC

Aearo Technologies LLC

II. PLAINTIFF(S)

2. Name of Plaintiff:

3. Name of spouse of Plaintiff (if applicable to loss of consortium 

claim):

4. Name and capacity (i.e., executor, administrator, guardian, conservator, 

etc.) of other Plaintiff, if any:

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Colorado

Diversity of Citizenship

Eastern District of New York, Brooklyn Division

Tinnitus

5. State(s) of residence of Plaintiff(s):

III. JURISDICTION

6. Basis for jurisdiction (diversity of citizenship or other):

7. Designated forum (United States District Court and Division) in which 

venue would be proper absent direct filing:

IV. USE OF DUAL-ENDED COMBAT ARMS EARPLUG

8. Plaintiff used the Dual-Ended Combat Arms Earplug:

_

X Yes

No

V. INJURIES

9. Plaintiff alleges the following injuries and/or side effects as a result of 

using the Dual-Ended Combat Arms Earplug:

_X Hearing loss

_X Sequelae to hearing loss

_X Other [specify below]

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VI. CAUSES OF ACTION

10. Plaintiff(s) adopt(s) in this Short Form Complaint the following claims 

asserted in the Master Long Form Complaint and Jury Trial Demand, 

and the allegations with regard thereto as set forth in the Master Long 

Form Complaint and Jury Trial Demand:

_

X Count I – Design Defect – Negligence

_

X Count II – Design Defect – Strict Liability

_X Count III – Failure to Warn – Negligence

_X Count IV – Failure to Warn – Strict Liability

_X Count V – Breach of Express Warranty

_

X Count VI – Breach of Implied Warranty

_X Count VII – Negligent Misrepresentation

_X Count VIII – Fraudulent Misrepresentation

_X Count IX – Fraudulent Concealment

_

X Count X – Fraud and Deceit

_X Count XI – Gross Negligence

_X Count XII – Negligence Per Se

_X Count XIII – Consumer Fraud and/or Unfair Trade Practices

Count XIV – Loss of Consortium

_X Count XV – Unjust Enrichment

_X Count XVI – Punitive Damages

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N/A

N/A

N/A

Count XVII – Other [specify below]

11. If additional claims against the Defendants identified in the Master 

Long Form Complaint and Jury Trial Demand are alleged in Paragraph 

10, the facts supporting these allegations must be pleaded. Plaintiff(s) 

assert(s) the following factual allegations against the Defendants 

identified in the Master Long Form Complaint and Jury Trial Demand:

12. Plaintiff(s) contend(s) that additional parties may be liable or 

responsible for Plaintiff(s)’ damages alleged herein. Such additional 

parties, who will be hereafter referred to as Defendants, are as follows 

(must name each Defendant and its citizenship):

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N/A

13. Plaintiff(s) assert(s) the following additional claims and factual

allegations against other Defendants named in Paragraph 12:

WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against 

Defendants and all such further relief that this Court deems equitable and just as set 

forth in the Master Long Form Complaint and Jury Demand and any additional relief 

to which Plaintiff(s) may be entitled.

Dated: _3.13.23

Ben C. Martin, 

Texas Bar No.13052400

Jessica E. Murray, 

Texas Bar No. 24129138

Courtney B. Smith,

Texas Bar No. 24124461

Ben Martin Law Group

3141 Hood Street, Suite 600

Dallas, Texas 75219

Office: 214-761-6614

Fax: 241-744-7590

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