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KENNETH TAN

8:20-cv-94478-MCR-GRJ

UNITED STATES DISTRICT 

COURT NORTHERN DISTRICT OF

FLORIDA PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS 

LIABILITY LITIGATION

This Document Relates to:

PLAINTIFF,

Case No. 3:19-md-2885

Judge M. Casey Rodgers

Magistrate Judge Gary R. Jones

MASTER SHORT FORM 

COMPLAINT AND

JURY TRIAL DEMAND

v.

3M COMPANY, 3M 

OCCUPATIONAL SAFETY LLC, 

AEARO HOLDING LLC, AEARO 

INTERMEDIATE LLC, AEARO LLC, 

and AEARO TECHNOLOGIES LLC,

DEFENDANTS.

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. 20, 21, 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:

✘ 3M Company

✘ 3M Occupational Safety LLC

✘ Aearo Holding LLC

✘ Aearo Intermediate LLC

✘ Aearo LLC

✘ Aearo Technologies LLC

II. PLAINTIFF(S)

2. Name of Plaintiff:

Kenneth Tan

First Middle Last

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

claim):

N/A

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

etc.) of other Plaintiff, if any:

N/A

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California

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:

United States District Court for the District of Minnesota

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]

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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:

 N/A

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):

 N/A

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

against other Defendants named in Paragraph 12:

 N/A

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: BAILEY COWAN HECKAMAN PLLC

By: /s/

K. Camp Bailey

Texas Bar No. 24006782

Robert W. Cowan

Texas Bar No. 24031976

Aaron Heckaman

Texas Bar No. 24059920

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Andrea McGinnis

Texas Bar No. 24046389

Katie Caminati

Texas Bar No. 24098079

1360 Post Oak Blvd., Ste. 2300

Houston, TX 77056 

(713) 425-7100 Telephone

(713) 425-7101 Facsimile

cbailey@bchlaw.com

rcowan@bchlaw.com

aheckaman@bchlaw.com

amcginnis@bchlaw.com

kcaminati@bchlaw.com

bailey-svc@bchlaw.com

Attorneys for Plaintiff

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