Case: Romaine Cleckner v. 3M Company

Cleckner v. 3M Company

Cleckner v. 3M Company

COMPLAINT against All Defendants ( Filing fee $402, Receipt Number APAMDC-6153434), filed by Hannah Romaine Cleckner. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E, # 7 Exhibit(s) F)(ll) (Entered: 12/28/2022)

Summons Issued as to 3M Company and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (ll) (Entered: 12/28/2022)

DOCKET ANNOTATION: Sent an email to Mr. Robert Barnes to apply for pro hac vice or general admission. (ll).

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Robert E. Barnes on behalf of Hannah Romaine Cleckner Attorney Robert Barnes is seeking special admission. Filing fee $ 50, receipt number APAMDC-6161422.. (Barnes, Robert) (Entered: 01/06/2023)

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Lexis Anderson on behalf of Hannah Romaine Cleckner Attorney Lexis Anderson is seeking special admission. Filing fee $ 50, receipt number APAMDC-6161747.. (Anderson, Lexis) (Entered: 01/06/2023)

Letter to Counsel re: Case Assignment and Procedures. Signed by Honorable Jennifer P. Wilson. (ve) (Entered: 01/06/2023)

SPECIAL ADMISSIONS FORM APPROVED as to Robert E. Barnes, Esq. Signed by Honorable Jennifer P. Wilson on 1/6/2023. (ve) (Entered: 01/06/2023)

SPECIAL ADMISSIONS FORM APPROVED as to Lexis Anderson, Esq. Signed by Honorable Jennifer P. Wilson on 1/6/2023. (ve) (Entered: 01/06/2023)

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa)

SUMMONS Returned Executed by Hannah Romaine Cleckner. 3M Company served on 1/4/2023, answer due 1/25/2023. (Anderson, Lexis) (Entered: 01/13/2023)

WAIVER OF SERVICE Returned by Hannah Romaine Cleckner. 3M Company waiver sent on 1/27/2023, answer due 3/28/2023. (Anderson, Lexis) (Entered: 02/06/2023)

SCHEDULING ORDER - IT IS ORDERED THAT: The initial case management conference pursuant to Federal Rule of Civil Procedure 16 will be conducted via telephone by the court on May 31, 2023, at 9:15 a.m. The parties shall call-in to the conference calling number 877-336-1828, using the access code 2529544. Signed by Honorable Jennifer P. Wilson on 3/8/2023. (Attachments: # 1 Case Management Calendar 2022-2024, # 2 Case Management Calendar 2024-2026)(ve) (Entered: 03/08/2023)

CIVIL PRACTICE ORDER. Signed by Honorable Jennifer P. Wilson on 3/8/2023. (ve) (Entered: 03/08/2023)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by 3M Company. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order, # 3 Certificate of Service)(Dubler, Janice) (Entered: 03/28/2023)

BRIEF in Support re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by 3M Company. Related document: 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 3M Company. (Attachments: # 1 Exhibit(s), # 2 Unpublished Opinion(s))(Dubler, Janice) (Entered: 03/28/2023)

Corporate Disclosure Statement by 3M Company. (Dubler, Janice) (Entered: 03/28/2023)

NOTICE of Appearance by Jennifer L Pacicco on behalf of 3M Company (Attachments: # 1 Certificate of Service)(Pacicco, Jennifer) (Entered: 04/10/2023)

First MOTION for Extension of Time to Extension to File Opposition to Motion to Dismiss by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 04/10/2023)

ORDER granting 16 Motion to Extend Time. Plaintiffs deadline to file a response to Defendants Motion to Dismiss is hereby due on or before April 25, 2023. Defendant has 28 days from the date of Plaintiff's response to file a reply brief. Signed by Honorable Jennifer P. Wilson on 4/12/2023 (ve) (Entered: 04/12/2023)

BRIEF IN OPPOSITION re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 04/25/2023)

REPLY BRIEF re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 3M Company. (Attachments: # 1 Unpublished Opinion(s))(Dubler, Janice) Modified on 5/22/2023 (ve). (Entered: 05/18/2023)

Joint MOTION to Continue Initial Case Management Conference by 3M Company. (Attachments: # 1 Certificate of Concurrence, # 2 Certificate of Service, # 3 Proposed Order)(Dubler, Janice) (Entered: 05/19/2023)

ORDER denying 20 Motion to Continue. Signed by Honorable Jennifer P. Wilson on 5/22/2023 (ve) (Entered: 05/22/2023)

CASE MANAGEMENT PLAN Joint by 3M Company. (Attachments: # 1 Proposed Order Confidentiality)(Pacicco, Jennifer) (Entered: 05/24/2023)

STIPULATED DISCOVERY CONFIDENTIALITY ORDER. Signed by Honorable Jennifer P. Wilson on 5/25/2023. (ve) (Entered: 05/25/2023)

CASE MANAGEMENT ORDER. Signed by Honorable Jennifer P. Wilson on 6/1/2023. (ve) (Entered: 06/01/2023)

Joint MOTION for Extension of Time to Extend Case Deadlines by 3M Company. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Certificate of Service)(Dubler, Janice) (Entered: 09/15/2023)

AMENDED CASE MANAGEMENT ORDER granting 26 Motion to Extend Time. Signed by Honorable Jennifer P. Wilson on 9/21/2023 (ve) (Entered: 09/21/2023)

Telephone Status Conference set for 3/27/2024 at 09:15 AM before Honorable Jennifer P. Wilson.(ve)

Letter from Jennifer L. Pacicco Regarding Discovery Disputes. (Pacicco, Jennifer) (Entered: 11/02/2023)

Letter by Hannah Romaine Cleckner RE: Letter 28 . (Anderson, Lexis) (Entered: 11/07/2023)

VERBAL SCHEDULING ORDER - AND NOW, on this 14th day of November, 2023, IT IS ORDERED THAT a telephone conference is SCHEDULED for December 11, 2023, at 9:45 a.m., to discuss the discovery letters at Docs. 28 & 29. The parties shall call-in to the conference calling number 877-336-1828, using the access code 2529544. Signed by Honorable Jennifer P. Wilson on 11/14/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (ve)

ORDER re: Discovery Dispute. See order for further details. Signed by Honorable Jennifer P. Wilson on 12/11/2023. (ve) (Entered: 12/11/2023)

MEMORANDUM (Order to follow as separate docket entry) re 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by 3M Company. Signed by Honorable Jennifer P. Wilson on 2/13/2024. (ve)

ORDER (Memorandum filed previously as a separate entry) granting 12 Motion to Dismiss for Failure to State a Claim. Counts II and IV are DISMISSED WITH PREJUDICE. Signed by Honorable Jennifer P. Wilson on 2/13/2024 (ve) (Entered: 02/13/2024)

STIPULATION for Deadline to Respond to Complaint (Joint) by 3M Company. (Dubler, Janice) (Entered: 02/27/2024)

Order approving re 34 Stipulation. Signed by Honorable Jennifer P. Wilson on 2/27/2024. (ve) (Entered: 02/27/2024)

VERBAL SCHEDULING ORDER- AND NOW, on this 4th day of March, 2024, due to this court's obligation to preside over a civil bench trial during the week of March 25, 2024, IT IS ORDERED THAT the telephone status conference scheduled for March 27, 2024 is RESCHEDULED to April 4, 2024, at 10:30 a.m. The parties shall call-in to the conference calling number 877-336-1828, using the access code 2529544. Counsel should be aware that this is a conference calling number that is utilized for multiple calls scheduled in ten- or fifteen-minute intervals. If you dial in and another call is in progress, please wait until the courtroom deputy announces your case. The courtroom deputy is aware when a new caller joins the conference. You should follow the same etiquette expected when you enter a courtroom and a proceeding is in progress. When your case is called, state your name and client. Be advised that court staff are monitoring the conference at all times. Signed by Honorable Jennifer P. Wilson on 3/4/2024. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.)(ve)

ANSWER to 1 Complaint, by 3M Company. (Attachments: # 1 Certificate of Service)(Dubler, Janice) (Entered: 03/12/2024)

Letter from Jennifer L. Pacicco Regarding Continued Discovery Disputes. (Attachments: # 1 Exhibit(s) A)(Pacicco, Jennifer) (Entered: 03/18/2024)

ORDER re Discovery. See order for further directives. Signed by Honorable Jennifer P. Wilson on 4/5/2024. (ve) (Entered: 04/05/2024)

AMENDED CASE MANAGEMENT ORDER. Signed by Honorable Jennifer P. Wilson on 4/5/2024. (ve) (Entered: 04/05/2024)

Joint MOTION for Extension of Time to of Case Deadlines by 3M Company. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Certificate of Service)(Pacicco, Jennifer) (Entered: 06/06/2024)

AMENDED CASE MANAGEMENT ORDER granting 42 Motion to Extend Time. Signed by Honorable Jennifer P. Wilson on 6/7/2024 (ve) (Entered: 06/07/2024)

Letter from Jennifer L. Pacicco re Amy Windish Subpoena . (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B)(Pacicco, Jennifer) (Entered: 07/16/2024)

ORDER - Following review of dft's discovery dispute letter 44 . Pltfs counsel shall obtain and provide the home and work addresses for Amy Windish, a client of Pltfs counsel, to Dft by 8/5/24. Signed by Honorable Jennifer P. Wilson on 7/22/24. (ma) (Entered: 07/22/2024)

ORDER - AND NOW, on this 26th day of July, 2024, after Plaintiffs counsels failure to call into the conference call scheduled on July 24, 2024, at 9:30 a.m., IT IS ORDERED THAT the telephone conference is CANCELLED. See order for further details. Signed by Honorable Jennifer P. Wilson on 7/26/2024. (ve) (Entered: 07/26/2024)

Joint MOTION for Extension of Time to Extend Case Deadlines by 3M Company. (Attachments: # 1 Certificate of Concurrence, # 2 Proposed Order, # 3 Certificate of Service)(Pacicco, Jennifer) (Entered: 08/13/2024)

AMENDED CASE MANAGEMENT ORDER granting 48 Motion to Extend Time. Signed by Honorable Jennifer P. Wilson on 8/13/2024 (ve) (Entered: 08/13/2024)

MOTION to Quash by Amy Windish.(Anderson, Lexis) (Entered: 08/19/2024)

BRIEF IN OPPOSITION re 50 MOTION to Quash filed by 3M Company. (Attachments: # 1 Exhibit(s) A - E, # 2 Certificate of Service, # 3 Proposed Order)(Pacicco, Jennifer) (Entered: 09/03/2024)

ORDER denying 50 Motion to Quash. Signed by Honorable Jennifer P. Wilson on 11/8/2024 (mw) (Entered: 11/08/2024)

Letter from Jennifer L. Pacicco Regarding Discovery Update. (Pacicco, Jennifer) (Entered: 11/25/2024)

ORDER - AND NOW, on this 26th day of November, 2024, following review of Defendants letter, Doc. 53, IT IS ORDERED THAT the fact discovery deadline is EXTENDED to December 31, 2024. All other deadlines set forth in the courts August 13, 2024 order, Doc. 49, shall remain in effect. Signed by Honorable Jennifer P. Wilson on 11/26/2024. (ve) (Entered: 11/26/2024)

Letter from Jennifer Pacicco to Hon. Wilson Re: Amy Windish Failure to Respond to Subpoena . (Pacicco, Jennifer) (Entered: 12/16/2024)

ORDER re: AND NOW, on this 20th day of December, 2024, having reviewed the letter submitted by Defendants counsel on December 16, 2024, Doc. 55, which alerted the court that non-party Amy Windish (Windish) has failed to respond to Defendants subpoena1, and having not received a responsive letter from Windish, and having previously denied Windishs motion to quash the subpoena at issue, Doc. 52, IT IS ORDERED as follows:1.Windish shall provide access to her Telegram account, through her counsel, to Defendants counsel and/or their forensic team by Monday, December 23, 2024 at 12:00 p.m. ET so that Defendant may obtain documents responsive to its subpoena.2.Windish shall bear the costs that Defendant incurs in obtaining the documents responsive to its subpoena. 3.If Windish fails to comply with this order, Defendant will have leave to request that the court hold Windish in contempt. Alternatively, if Windish complies with this order, Defendant will have leave to request an extension of the fact-discovery deadline to the extent one is necessary for Defendant to complete fact discovery. Signed by Honorable Jennifer P. Wilson on 12/20/2024. (ve) (Entered: 12/20/2024)

MOTION for Sanctions by 3M Company.(Pacicco, Jennifer) (Entered: 12/31/2024)

BRIEF IN SUPPORT re MOTION for Sanctions 57 by 3M Company. (Attachments: # 1 Exhibit(s) Exhibit A (Amy Windish Telegram Chats), # 2 Exhibit(s) Exhibit B (Hannah Cleckner Deposition Excerpts), # 3 Exhibit(s) Exhibit C (Steven Greenawalt Declaration), # 4 Exhibit(s) Exhibit D (Sep. 13, 2021 email with booklet attachment), # 5 Exhibit(s) Exhibit E (April 15, 2021 Text Messages), # 6 Exhibit(s) Exhibit F (Jan. 17, 2021 Text Messages), # 7 Exhibit(s) Exhibit G (July 15 2024 Email Chain), # 8 Exhibit(s) Exhibit H (Dec. 23 2024 Email Chain), # 9 Exhibit(s) Exhibit I (Amy Windish Declaration), # 10 Exhibit(s) Exhibit J (Nov. 24 2021 Email), # 11 Exhibit(s) Exhibit K (May 23 2022 Email), # 12 Exhibit(s) Exhibit L (Dec. 22 2020 Text Messages), # 13 Exhibit(s) Exhibit M (April 5 2021 Article), # 14 Exhibit(s) Exhibit N (Plaintiff's Interrogatory Responses), # 15 Exhibit(s) Exhibit O (Deficiency Letter - Supplemental Document Production), # 16 Unpublished Opinion(s) Unpublished Opinions, # 17 Proposed Order Order)(Pacicco, Jennifer) Modified on 1/2/2025 (ve). (Entered: 12/31/2024)

First MOTION for Extension of Time to Extend deadline to file Plaintiff's brief in opposition to Defendant's Motion for Sanctions until January 17, 2025. by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 01/14/2025)

ORDER granting 59 Motion to Extend Time. Plaintiffs deadline to file a response to Defendants Motion for Sanctions is hereby due on or before January 17, 2025. Signed by Honorable Jennifer P. Wilson on 1/15/2025 (ve) (Entered: 01/15/2025)

BRIEF IN OPPOSITION re 58 MOTION for Sanctions, 57 MOTION for Sanctions filed by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 01/17/2025)

Petition to withdraw as counsel, filed by Hannah Romaine Cleckner. (Attachments: # 1 Certificate of Service)(Crisp, Jonathan) (Entered: 01/27/2025)

ORDER - AND NOW, on this 28th day of January, 2025, following review of the petition to withdraw as counsel, Doc. 62, filed by Jonathan Crisp, Esquire, local counsel for Plaintiff, and noting that no party opposes the petition, IT IS ORDERED AS FOLLOWS:1)Attorney Crisps petition to withdraw as counsel, Doc. 62, is GRANTED.2)In accordance with Local Rules 83.8.2.1 and 83.9, Plaintiffs counsel shall obtain new local counsel by February 10, 2025. A failure to obtain new local counsel may result in a revocation of counsels pro hac vice admission to this court. Signed by Honorable Jennifer P. Wilson on 1/28/2025. (ve) (Entered: 01/28/2025)

REPLY BRIEF re 58 MOTION for Sanctions, 57 MOTION for Sanctions ; Certificate of Service filed by 3M Company.(Pacicco, Jennifer) (Entered: 01/31/2025)

NOTICE of Appearance by Andrea L Shaw on behalf of All Plaintiffs (Shaw, Andrea) (Entered: 02/04/2025)

Unopposed MOTION to Exceed Page Limitation by 3M Company. (Attachments: # 1 Proposed Order, # 2 Certificate of Service)(Dubler, Janice) (Entered: 02/26/2025)

Supplement by 3M Company. to 57 MOTION for Sanctions . (Pacicco, Jennifer) (Entered: 02/27/2025)

CERTIFICATE of by 3M Company re 66 Unopposed MOTION to Exceed Page Limitation [Certificate of Concurrence]. (Pacicco, Jennifer) (Entered: 02/27/2025)

ORDER granting 66 Motion for Leave to File Excess Pages. Signed by Honorable Jennifer P. Wilson on 2/27/2025 (ve) (Entered: 02/27/2025)

DOCKET ANNOTATION: Counsel is directed to file a certificate of concurrence/nonconcurrence as to the Motion at Doc. 66. (ve)

MOTION for Summary Judgment Pursuant to Fed R Civ P 56 by 3M Company. (Attachments: # 1 Memo of Law in Support of Motion, # 2 Exhibit(s) A through GG to Memo of Law, # 3 Statement of Undisputed Material Facts in Support of Motion, # 4 Certificate of Nonconcurrence of Plaintiff, # 5 Proposed Order Motion for Summary Judgment)(Dubler, Janice) (Entered: 03/19/2025)

CERTIFICATE of of Service by 3M Company re 70 MOTION for Summary Judgment Pursuant to Fed R Civ P 56 . (Dubler, Janice) (Entered: 03/19/2025)

ORDER - AND NOW, on this 20th day of March, 2025, in light of the currently pending motion for summary judgment, Doc. 70, IT IS ORDERED THAT all deadlines set forth in the courts amended case management order, Doc. 49, are STAYED pending the resolution of the motion for summary judgment, except as to the briefing of the pending motion for summary judgment. Signed by Honorable Jennifer P. Wilson on 3/20/2025. (ve) (Entered: 03/20/2025)

BRIEF IN SUPPORT of Defendant 3M's re 70 MOTION for Summary Judgment Pursuant to Fed R Civ P 56 filed by 3M Company. (Attachments: # 1 Exhibit(s) A to GG to Memo of Law)(Dubler, Janice) (Entered: 03/20/2025)

DOCKET ANNOTATION: Counsel is advised to refile document 70-1 as a separate docket entry using the following event: Civil Events - Motions and Related Filings - Responses and Replies (Briefs) -- Brief in Support of Motion for Summary Judgment. (ibr)

First MOTION for Extension of Time to File Brief in Opposition to Motion for Summary Judgment filed by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 04/07/2025)

ORDER granting 74 Motion for Extension of Time to File Response/Reply. Signed by Honorable Jennifer P. Wilson on 4/7/2025 (ve) (Entered: 04/07/2025)

Second MOTION for Extension of Time to File Brief to 70 MOTION for Summary Judgment Pursuant to Fed R Civ P 56 filed by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 04/23/2025)

ORDER granting 76 Motion for Extension of Time to File Response/Reply. Signed by Honorable Jennifer P. Wilson on 4/24/2025 (ve) (Entered: 04/24/2025)

BRIEF IN OPPOSITION re 70 MOTION for Summary Judgment Pursuant to Fed R Civ P 56 filed by Hannah Romaine Cleckner.(Anderson, Lexis) (Entered: 05/07/2025)

ORDER TO SHOW CAUSE- AND NOW, on this 20th day of May, 2025, after the court noting that Plaintiff failed to file a responsive statement of facts in accordance with Local Rule 56.1, IT IS ORDERED THAT Plaintiff shall SHOW CAUSE by June 3, 2025, why Defendants statement of undisputed material facts, Doc. 70-3, should not be deemed admitted in accordance with Local Rule 56.1. Signed by Honorable Jennifer P. Wilson on 5/20/2025. (ve) (Entered: 05/20/2025)

MEMORANDUM OF LAW by Hannah Romaine Cleckner re 79 Order to Show Cause, . (Attachments: # 1 Exhibit(s) A)(Anderson, Lexis) (Entered: 06/03/2025)

ORDER - AND NOW, on this 4th day of June, 2025, following review of Plaintiffs response to the courts show cause order, Doc. 80, IT IS ORDERED AS FOLLOWS:1)The court accepts Plaintiffs explanation of excusable neglect in failing to file a responsive statement of facts with her brief in opposition to Defendants motion for summary judgment on May 7, 2025.2)The Clerk of Court shall docket Doc. 80-1 as Plaintiffs responsive statement of facts.3)Defendants deadline to file a reply brief in support of its motion for summary judgment is EXTENDED to June 20, 2025. Signed by Honorable Jennifer P. Wilson on 6/4/2025. (ve) (Entered: 06/04/2025)

PLAINTIFFS RESPONSE TO DEFENDANTS LIST OF MATERIAL FACTS filed by Hannah Romaine Cleckner. (ve) (Entered: 06/04/2025)

STRICKEN FROM THE RECORD pursuant to Order 85 . STATEMENT OF FACTS re 82 Response to Plaintiff's Response to Statement of Facts filed by 3M Company.(Pacicco, Jennifer) Modified on 7/1/2025 (ve). (Entered: 06/20/2025)

REPLY BRIEF re 70 MOTION for Summary Judgment Pursuant to Fed R Civ P 56 filed by 3M Company.(Pacicco, Jennifer) (Entered: 06/20/2025)

ORDER - AND NOW, on this 1st day of July, 2025, IT IS ORDERED THAT Defendants reply statement of facts, Doc. 83, is STRICKEN from the record because Local Rule 56.1 does not permit the filing of such a statement of facts. Signed by Honorable Jennifer P. Wilson on 7/1/2025. (ve) (Entered: 07/01/2025)

MEMORANDUM (Order to follow as separate docket entry) re 70 MOTION for Summary Judgment Pursuant to Fed R Civ P 56 filed by 3M Company, 57 MOTION for Sanctions filed by 3M Company. Signed by Honorable Jennifer P. Wilson on 9/2/2025. (ve)

ORDER (Memorandum filed previously as a separate entry) granting 70 Motion for Summary Judgment. Defendants motion for sanctions, Doc. 57, is DENIED WITHOUT PREJUDICE. If Defendant wishes to file a renewed motion for sanctions, such motion shall be filed within 30 days of this order. See order for further details. Signed by Honorable Jennifer P. Wilson on 9/2/2025 (ve) (Entered: 09/02/2025)