Aearo mediators give small update, plan formal session for next month

By Sarah Lizee

Olympia, Wash., Jan. 23 – The individuals overseeing 3M subsidiary Aearo Technologies’ mediation provided their first joint statement to the U.S. Bankruptcy Court for the Southern District of Indiana on Friday.

Retired judge Christopher S. Sonchi and Randi S. Ellis are directing moderation related to plan confirmation and a multi-district litigation related to use of Combat Arms version 2 earplugs.

Recently, Florida district judge Casey Rodgers said that the multi-district litigation mediation was at an impasse, and some creditors have stated that the debtors and 3M are not acting in good faith.

The co-mediators said they disagree with the characterization of some of the facts that underlie those conclusions.

While they believe any settlement will need to be consummated through a confirmed plan of reorganization, the mediators expect that any resolution will involve the multi-district litigation court.

The mediators said they have held numerous meetings via telephone, Zoom and in person with representatives of the debtors, 3M, the CAE committee, respirator committee and others. A formal mediation session is expected to take place in early February.

Aearo, the St. Paul-based 3M subsidiary, designs and manufacturers materials for noise, vibration, shock, thermal and cushioning solutions for commercial vehicles, heavy equipment, medical equipment, electronics and aircraft. The company filed bankruptcy on July 26, 2022 under Chapter 11 case number 22-02890.

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