UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS

EARPLUG PRODUCTS

LIABILITY LITIGATION

This Document Relates to:

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 Gary R. Jones

AMENDED MASTER 

SHORT FORM

COMPLAINT AND

JURY TRIAL DEMAND

Civil Action No.:

AMENDED 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. 17 , 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

1 

Charles D Rataj

7:20-cv-64733-MCR-GRJ

Case 7:20-cv-64733-MCR-GRJ Document 6 Filed 10/20/21 Page 1 of 6
2

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:

✘ 3M Company

✘ 3M Occupational Safety LLC

✘ Aearo Holding LLC

✘ Aearo Intermediate LLC

✘ Aearo LLC

✘ Aearo Technologies LLC

II. PLAINTIFF(S)

2. Name of Plaintiff:

First Middle Last

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:

Charles D Rataj

Case 7:20-cv-64733-MCR-GRJ Document 6 Filed 10/20/21 Page 2 of 6
3

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:

✘ 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:

____ Hearing Loss

____ Sequelae to hearing loss 

____ Other [specify below]

________________________________________________________

NH

federal question and diversity of citizenship

District of Minnesota

✔

✔

✔

Tinnitus or other hearing damage, including a loss of normal hearing function not clinically

defined as hearing loss.

Case 7:20-cv-64733-MCR-GRJ Document 6 Filed 10/20/21 Page 3 of 6
4

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:

✘ Count I – Design Defect – Negligence

✘ Count II – Design Defect – Strict Liability

✘ Count III – Failure to Warn – Negligence

✘ Count IV – Failure to Warn – Strict Liability

✘ Count V – Breach of Express Warranty

✘ Count VI – Breach of Implied Warranty

✘ Count VII – Negligent Misrepresentation

✘ Count VIII – Fraudulent Misrepresentation

✘ Count IX – Fraudulent Concealment

✘ Count X – Fraud and Deceit

✘ Count XI – Gross Negligence

✘ Count XII – Negligence Per Se

✘ Count XIII – Consumer Fraud and/or Unfair Trade

Practices Count XIV – Loss of Consortium

✘ Count XV – Unjust Enrichment

✘ Count XVI – Punitive Damages

Case 7:20-cv-64733-MCR-GRJ Document 6 Filed 10/20/21 Page 4 of 6
5

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):

Case 7:20-cv-64733-MCR-GRJ Document 6 Filed 10/20/21 Page 5 of 6
6

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: Respectfully Submitted,

/s/ Nicole Berg

Nicole Berg (IL Bar # 6305464)*

ncb@kellerlenkner.com

KELLER LENKNER LLC

150 N. Riverside Plaza, Suite 4270

Chicago, Illinois 60606

*Admitted Pro Hac Vice

Attorneys for Plaintiff

10/20/2021

Case 7:20-cv-64733-MCR-GRJ Document 6 Filed 10/20/21 Page 6 of 6