`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF FLORIDA
`PENSACOLA DIVISION
`
`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.: ________________
`
`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.
`
`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
`
`10 and 11 or an additional sheet attached hereto; and/or (b) additional claims and
`
`1
`
`N/A
`
`William Barton,
`OnderLaw, LLC
`
`
`
`Case 8:20-cv-50617-MCR-GRJ Document 1 Filed 07/06/20 Page 2 of 6
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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:
`
`_________________________________________________
`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:
`
`2
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`Stephen
`
`Hacker
`
`Eileen Hacker
`
`
`
`Case 8:20-cv-50617-MCR-GRJ Document 1 Filed 07/06/20 Page 3 of 6
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`5.
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`State(s) of residence of Plaintiff(s):
`
`III.
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`JURISDICTION
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`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]
`
`3
`
`NV
`
`Diversity of Citizenship, or Other
`
`4
`
`4
`
`4
`
`Tinnitus
`
`
`
`Case 8:20-cv-50617-MCR-GRJ Document 1 Filed 07/06/20 Page 4 of 6
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`VI. CAUSES OF ACTION
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`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
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`Count VII – Negligent Misrepresentation
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`Count VIII – Fraudulent Misrepresentation
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`Count IX – Fraudulent Concealment
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`Count X – Fraud and Deceit
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`Count XI – Gross Negligence
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`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
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`4
`
`
`
`Case 8:20-cv-50617-MCR-GRJ Document 1 Filed 07/06/20 Page 5 of 6
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`Count XVII – Other [specify below]
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`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):
`
`5
`
`4
`
`
`
`Case 8:20-cv-50617-MCR-GRJ Document 1 Filed 07/06/20 Page 6 of 6
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`13.
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`Plaintiff(s) assert(s) the following additional claims and factual
`allegations against other Defendants named in Paragraph 12:
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`WHEREFORE, Plaintiff(s) pray(s) for relief and judgment against
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`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
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`to which Plaintiff(s) may be entitled.
`
`Dated: ______________
`
`6
`
`Quinn R. Wilson
`OnderLaw, LLC
`
`