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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS

EARPLUG PRODUCTS

LIABILITY LITIGATION

This Document Relates to:

Lloyd Baker, No. 7:20-cv-00039

Case No. 3:19-md-2885

Judge M. Casey Rodgers

Magistrate Judge Gary R. Jones

PLAINTIFF’S CONSENT MOTION

TO EXTEND TIME TO SUBMIT BILL OF COSTS THROUGH APPEAL

Plaintiff respectfully requests that the Court extend the time for Plaintiff to 

submit a bill of costs in this matter until the conclusion of any appeal from the final 

judgment. 

In support, Plaintiff states that counsel have reached an agreement with 

counsel for the Defendants in the Group A bellwether cases to address the issues of 

taxable costs in each case. Under that agreement, the prevailing party in each of the 

Group A cases has agreed not to file a motion for taxable costs until after any appeals 

have been concluded. More specifically, and subject to the Court’s approval, the 

parties have agreed that any bills of costs for the Group A cases will be due 14 days 

after the appeal has become final, which the parties have agreed to define as 14 days 

after the deadline to file a motion for rehearing in the Eleventh Circuit or, if a motion 

for rehearing has been filed, 14 days after the circuit court issues an order disposing 

of the motion. 

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The parties believe that postponing consideration of taxable costs until the 

conclusion of any appeals will conserve judicial resources and obviate the need for 

the parties to argue over costs until after the court of appeals has issued its opinion. 

Plaintiff, as the prevailing party in the Estes, Hacker, and Keefer matters have 

filed this Motion in those cases, while Defendants’ counsel has filed a substantively 

identical Motion in the McCombs case. The Court granted those Motions and 

ordered that the final bill of costs is due 14 days after the conclusion of any appeal 

from final judgment. 

Pursuant to Local Rule 7.1B, counsel for Plaintiff conferred with counsel for 

Defendants regarding the relief requested in this motion, and Defendants consent to 

the relief as set forth above. 

WHEREFORE, Plaintiff respectfully requests that the Court extend the time 

for Plaintiff to submit a bill of costs in this matter until 14 days after the conclusion 

of any appeal from the final judgment. 

DATED: July 6, 2021

s/ Bryan F. Aylstock

Bryan F. Aylstock, Lead Counsel

Florida State Bar No. 078263

Aylstock, Witkin, Kreis & Overholtz, PLLC

17 East Main Street, Suite 200

Pensacola, FL 32502

Tel.: (850) 202-1010

baylstock@awkolaw.com

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Shelley V. Hutson, Co-Lead Counsel

(Admitted Pro Hac Vice)

Texas State Bar No. 00788878

Clark, Love & Hutson, GP

440 Louisiana Street, Suite 1600

Houston, TX 77002

Tel.: (713) 757-1400

shutson@triallawfirm.com

Christopher A. Seeger, Co-Lead Counsel

(Admitted Pro Hac Vice)

New Jersey State Bar No. 042631990

Seeger Weiss LLP

77 Water Street, 8th Floor

New York, NY 10005

Tel.: (212) 587-0700

cseeger@seegerweiss.com

Sean Patrick Tracey

Tracey & Fox Law Firm

440 Louisiana Street

Suite 1901

Houston, TX 77002-1644

Tel.: (713) 495-2333

stracey@traceylawfirm.com

David R. Buchanan

(Admitted Pro Hac Vice)

Seeger Weiss LLP 

55 Challenger Road, 6th Fl. 

Ridgefield Park, NJ 07660 

Tel: (973) 693-9100

dbuchanan@seegerweiss.com

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Michael Sacchet 

(Admitted Pro Hac Vice) 

(MN #0395817)

CIRESI CONLIN LLP 

225 S. 6th St., Suite 4600 

Minneapolis, MN 55402 

Tel: (612) 361-8220 

mas@ciresiconlin.com

Counsel for Plaintiff Baker

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CERTIFICATE OF COMPLIANCE

WITH LOCAL RULE 7.1(F)

I hereby certify that this motion complies with the word limit of Local Rule 

7.1(F) and contains 331 words. 

s/ Bryan F. Aylstock

Bryan F. Aylstock, Lead Counsel

Florida State Bar No. 078263

Aylstock, Witkin, Kreis & Overholtz, PLLC

17 East Main Street, Suite 200

Pensacola, FL 32502

Tel.: (850) 202-1010

baylstock@awkolaw.com

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CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1(B)

Pursuant to Local Rule 7.1(B) counsel for Plaintiffs certify that they have 

conferred with counsel for Defendants who consent to the relief as requested.

s/ Bryan F. Aylstock

Bryan F. Aylstock, Lead Counsel

Florida State Bar No. 078263

Aylstock, Witkin, Kreis & Overholtz, PLLC

17 East Main Street, Suite 200

Pensacola, FL 32502

Tel.: (850) 202-1010

baylstock@awkolaw.com

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CERTIFICATE OF SERVICE

I hereby certify that on July 6, 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/ Bryan F. Aylstock

Bryan F. Aylstock, Lead Counsel

Florida State Bar No. 078263

Aylstock, Witkin, Kreis & Overholtz, PLLC

17 East Main Street, Suite 200

Pensacola, FL 32502

Tel.: (850) 202-1010

baylstock@awkolaw.com

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