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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: 

 KEITH GILL 

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 

MASTER SHORT FORM 

COMPLAINT AND 

JURY TRIAL DEMAND 

Civil Action No.: 

8:20-cv-56565-MCR-GRJ 

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 

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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: 

Keith Gill 

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

Colorado 

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: 

California Central District - Eastern Division 

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] 

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: 

_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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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: 3/21/2022

/s/ Shawn P. Fox 

Sean Patrick Tracey, Shawn P. Fox, Clint 

Casperson 

TRACEY & FOX LAW FIRM 

440 Louisiana Street, Ste. 1901 

Houston, TX 77002 

713-495-2333 Tel | 866-709-2333 Fax 

Stracey@traceylawfirm.com 

sfox@traceylawfirm.com 

ccasperson@traceylawfirm.com 

/s/ Dana Lizik 

Dana Lizik,701 Basil 

Adham JOHNSON LAW 

GROUP 

2925 Richmond Ave., Ste. 1700 

Houston, TX 77098 

713-626-9336 Tel | 800-731-6018 Fax 

dlizik@johnsonlawgroup.com 

badham@johnsonlawgroup.com 

earplugs@johnsonlawgroup.com

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