Aqueous Film-Forming Foams (AFFF) Products Liability Litigation
MDL No. 2873

FAQs - Frequently Asked Questions


I am a plaintiff or represent a plaintiff in the AFFF MDL. Who do I contact with questions about the MDL?

Plaintiffs and counsel should contact Plaintiffs' Lead Counsel and/or Plaintiffs' Liaison Counsel before contacting the Court with questions.

 

I am a defendant or represent a defendant in the AFFF MDL. Who do I contact with questions about the MDL?

Defendants and counsel should contact Defendants' Lead Counsel and/or Defendants' Liaison Counsel before contacting the Court with questions.

 

How do I register for electronic filing for the District of South Carolina?

The MDL registration form (MS Word, PDF, WordPerfect) should be emailed to ecf_registration@scd.uscourts.gov . Training is required. However, training by another district satisfies this district's training requirement.

 

If I am not admitted to practice before the South Carolina District Court, do I need local counsel and pro hac vice admittance to this district?

Paragraph 8 of CMO 1 states that counsel who appeared in a case in the transferor district court prior to transfer need not enter a separate appearance before this Court or apply to proceed pro hac vice.

Paragraph 9 of CMO 1 states that parties in the MDL are not required to obtain local counsel and the requirements of Local Rule 83.I.04 are waived as to any attorney appearing in these actions who is duly admitted to practice before any United States District Court.

 

How do I file a document once my case has been consolidated with the MDL?

CMO 1 discusses filing documents in the MDL. If a document is generally applicable to all consolidated actions, then the document should be filed and docketed in the master case only. If a document applies only to a particular case or cases, the document should be filed in the master case and then spread only to the particular case(s) to which it applies. See Filing instructions on page 2 at 6. and footnote 2.

Before filing any motion, counsel should consult with Co-Lead Counsel and comply with the requirements of CMO 2.

 

I would like a copy of the transcript from a status conference or hearing. How do I obtain a copy?

Click the Transcripts menu option to view all available transcripts. The official records are available via ECF/PACER on the master case docket, 2:18-mn-02873-RMG. Contact the Court Reporter, as listed in the filed Minute Entry for the status conference or hearing by date or for NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings filed entries, on the master case docket, for unreleased Transcripts.

 

Can I attend the next status conferences by phone?

Lead Counsel, Liaison Counsel, and any counsel intending to argue a motion or actively participate in a status conference must appear in person, unless specifically authorized by the Court to participate by telephone. See CMO 2. Any counsel who wish to attend, but not actively participate in, a status conference may appear by phone.

 

Is direct filing allowed?

Any plaintiff whose case would be subject to transfer to the AFFF MDL proceedings may file his or her case directly in the District of South Carolina, in accordance with Paragraphs 25 through 29 of CMO 3. The shell case number for cases related to the AFFF MDL is 2:24-av-55555.

 

What procedure should counsel follow regarding direct file complaints?

New counsel must be registered for electronic filing for the District of South Carolina. File the new complaint, and pay the filing fee with pay.gov, to the current shell case number. Pursuant to the Notice to All Counsel and Text Order issued by the Court, counsel need only submit one proposed summons document AO 440 form, as an attachment to the complaint, for a summons to be issued by the Clerk's office. Please provide the first listed defendant party's name and address on the document and attach additional pages as needed which include the additional defendants' names and addresses. For all cases in the MDL proceedings, the parties are relieved from complying with the requirement of Local Civil Rule 26.01, DSC. Civil cover sheets need not be filed for cases directly filed in the AFFF MDL. The new direct file complaint will be assigned a civil action number for the District of South Carolina, by the Clerk's office. The member case will be processed open, complaint filed (as of the Date Filed in the MDL shell case), and summons issued, by the Clerk's office.

 

What procedure should counsel follow regarding a summons to be issued by the Clerk's office when necessary for transferred cases or for amended complaints?

Pursuant to the Notice to All Counsel and Text Order issued by the Court, counsel need only submit one proposed summons document AO 440 form. Please provide the first listed defendant party's name and address on the document and attach additional pages as needed which include the additional defendants' names and addresses. Counsel should forward in one complete PDF via email to the Clerk's office: filingdocs_ecf_chas@scd.uscourts.gov.

 

What if I have a specific procedural filing question? Is there a reference guide to the CLERKS NOTICE(s), which are filed on the master case docket, regarding procedural filing questions?

In addition to viewing all CMOs (including any supplemental CMOs i.e., 2.A, etc., which may be found on this website’s Orders page) governing all cases in the MDL proceedings, counsel should also read CLERKS NOTICE TO ALL COUNSEL ASSOCIATED WITH MDL 2873  QUALITY CONTROL MESSAGE(s) filed on the master case docket (2:18-mn-02873-RMG), before contacting the Court with questions. A guide is provided here for ease of reference.