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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:

___________________________

PLAINTIFF,

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

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. _____, 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

STACI MILLER

8:20-cv-35525-MCR-GRJ

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

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 

X Aearo Holding LLC 

X Aearo Intermediate LLC 

X Aearo LLC 

X 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:

STACI MILLER

 

 

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

III. JURISDICTION

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

DIVERSITY OF CITIZENSHIP

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:

Hearing loss 

Sequelae to hearing loss 

Other [specify below] 

MISSISSIPPI

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF MISSISSIPPI - GULFPORT 

DIVISION

X

X

TINNITUS

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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:

✘ 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 

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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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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: _______________________ /s/ Richard L. Root

MORRIS BART, LLC

Richard L. Root (LA#19988)

John C. Enochs (LA# 22774)

601 Poydras Street

24th Floor

New Orleans, LA 70130

504-525-8000 - Phone

833-277-4214 - Facsimile

3MCAE@morrisbart.com

Attorneys for Plaintiff

July 15, 2022

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