Hubbard v. Minnesota Mining and Manufacturing Company et al
| Nathan Hubbard |
| Mine Service Company, Inc., American Optical Corporation, Yeary's Truck and Mining Parts, Inc. and The Peoples Hardware and Supply Company, Inc. |
| 6:2006cv00357 |
| August 14, 2006 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Danny C Reeves |
| Robert E Wier |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on January 26, 2007. A more recent docket listing may be available from PACER.
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Filing 25
MEMORANDUM OPINION & ORDER: Pla's motion to remand #8 is GRANTED. This matter is REMANDED to Harlan Circuit Court for futher proceedings. Case Terminated., Motions terminated: #9 MOTION to Remand by Nathan Hubbard filed by Nathan Hubbard. Signed by Judge Danny C. Reeves. (MRS)cc: COR, Certified Copy to the Harlan Circuit Court Clerk
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| Filing 24 DISCLOSURES by Nathan Hubbard. (Attachments: #1 Exhibit Importance of particle size#2 Exhibit Documents to support claims)(Buckle, Kenneth) |
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Filing 23
ORDER: Attorneys Rodney P. Vincent and Louis L. Plotkin are DENIED permission to participate in this action pro hac vice or in any other fashion. In the event either attorney should seek permission to practice in an action in this District at any time in the future, he is DIRECTED TO SUBMIT a copy of this Order with any such request. Attorney Louis L. Plotkin and Rodney P. Vincent terminated., . Signed by Judge Danny C. Reeves. (JMB)cc: COR
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| Filing 22 INITIAL DISCLOSURES by Mine Service Company, Inc..(Gault, Patrick) |
| ***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #9 MOTION to Remand by Nathan Hubbard (JMB) |
| Clerk's Note: re #21 Notice to Attorney Louis Plotkin. Notice recalled and not sent to Mr. Plotkin pursuant to conversation w/ Judge's Chambers. (JMB) |
| Filing 21 NOTICE TO ATTORNEY LOUIS L. PLOTKIN by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (JMB) |
| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #5 Notice to Attorney Rodney P. Vincent. Attorney has not filed motion to appear PHV as of this date. (See Order (DE #61) entered in 6:04-cv-521) (JMB) |
| NOTICE OF DOCKET MODIFICATION TO KENNETH BUCKLE re #19 Memorandum in Support of Motion; Error: Attorney incorrectly filed the Reply Memorandum to the #9 Motion to Remand using the event "Memorandum in Support of Motion"; Entry made by Attorney; Correction: Clerk has modified the docket text of #19 to state this was incorrectly filed; Clerk has filed the Reply as #20 using the event "Reply to Reponse to Motion". This updates the Judge's motions report; In the future, the attorney is advised to contact the ECF help desk if assistance is needed in choosing the correct event for filing; No further action required by counsel. cc: COR (JMB) |
| Filing 20 REPLY to Response to Motion re #9 MOTION to Remand by Nathan Hubbard filed by Nathan Hubbard. (JMB) |
| Filing 19 **INCORRECTLY FILED AS** MEMORANDUM in Support of Motion re #9 MOTION to Remand by Nathan Hubbard filed by Nathan Hubbard. (Buckle, Kenneth) PLEASE SEE DOCKET ENTRY #20 FOR THE CORRECT ENTRY FOR THIS PLEADING Modified on 10/10/2006 (Brock, Jacqueline). |
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Filing 18
ORDER: matter referred to undersigned to 1) conduct telephonic conference regarding progress of discovery; 2) conduct a settlement conference; 3) conduct a preliminary pretrial conference in October 2007; ORDERED: 1) TELEPHONIC conference is scheduled for Tuesday, February 13, 2007, commencing @ 11:00 a.m., a settlement conference will be scheduled during conference call; 2) Preliminary PTC assigned for Monday, October 13, 2007 commencing at 9:30 a.m.; counsel are directed to refer to the Scheduling Order entered by the District Judge on 9/25/2006 #16 for all compliance obligations relative to the preliminary pretrial conference. ***Initial Pretrial Conference set for 10/15/2007 09:30 AM in London before Robert E. Wier. ***Telephone Conference set for 2/13/2007 11:00 AM in London before Robert E. Wier. Signed by Judge Robert E. Wier. (RBB)cc: COR, Court Diary
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| Filing 17 RESPONSE in Opposition re #9 MOTION to Remand by Nathan Hubbard filed by American Optical Corporation. (Payne, Julie) |
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Filing 16
SCHEDULING ORDER: 1) NLT 11/13/2006 parties exchange Rule 26(a)(1) info; 2) NLT 4/2/2007, plf identify expert; dfts identify experts NLT 5/14/2007; 3) supplementation due w/in 30 days of discovery of new information but no later than 30 days prior to the close of discovery; 4) PRETRIAL DISCOVERY DDL 7/15/2007; 5) ALL DISCOVERY DISPUTES REFERRED TO MJ ROBERT E. WIER; 6) all mts for ext of time shall be referred to undersigned; 7) MT TO AMEND PLEADINGS OR JOIN ADD'L PARTIES DDL 5/1/2007; 8) DISPOSITIVE MT DDL, MTS IN LIMINE DDL AND DAUBERT MTS DDL 8/15/2007; 10) NLT 14 days prior to PPTC counsel shall file pretrial compliance; 11) NLT 14 days prior to PPTC, counsel shall pre-mark all exhibits; 12) NLT 14 days prior to PPTC counsel shall submit to the Court a copy of the Agreed Proposed Jury Instructions; if parties cannot agree on certain instructinos, counsel shall file separate proposed instructions; 13) NLT 7 days prior to PPTC, counsel shall submit to the court an Agreed Statement of the Case suitable for reading to the prospective jurors on voir dire; 14) NLT 7 days prior to PPTC counsel shall file w/ Clerk any obj to use of depos or to admissibility of exhibits; 15) NLT 7 days prior to trial, counsel shall submit to Court's Chambers a copy of ea documentary exhibit; 16) action assigned for trial on DECEMBER 11, 2007 at 9:30 a.m., counsel shall be in court @ 9:00 a.m.; length of trial is two-three weeks. 17) parties expected to comply w/ all relevant procedural rules of court; FURTHER ORDERED that this matter is referred to US Magistrate Judge Robert E. Wier for the purpose of conducting a telephone conference mid-way through discovery regarding progress of discovery and the feasibility of all ddls and conducting a settlement conference w/in 30 day after disclosure of expert witness reports. A separate order scheduling dates and times certain will issue from the magistrate judge. Signed by Judge Danny C. Reeves **Discovery due by 7/15/2007. ***Amended Pleadings due by 5/1/2007. ***Motion to Join Additional Parties due by 5/1/2007. ***Dispositive Motions due by 8/15/2007. ***Jury Trial set for 12/11/2007 @ 09:00 AM in London before Danny C. Reeves.(RBB)cc: COR
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| Filing 15 REPORT of Rule 26(f) Planning Meeting. (Payne, Julie) |
| NOTICE OF DEFICIENCY TO Bradford Breeding re #12 Disclosure Statement pursuant to FRCP 7.1 ; Attorney failed to type name on the signature line. However, the attorney has re-filed the Disclosure Statement at docket entry #13 to include the proper signature. In future e-filings, the attorney is advised that the name of the Filing User under whose login and password the document is submitted must be preceded by an "s/" and typed in the space where the signature would otherwise appear. The attorney is further advised that is is not necessary to file the document twice creating duplicate entries on the docket sheet. Please contact the ECF Help Desk if assistance is needed or the attorney has questions before filing duplicate pleadings. No further action required by counsel cc: COR (JMB) |
| Filing 14 FRCP 7.1 DISCLOSURE STATEMENT by American Optical Corporation. (Payne, Julie) |
| Filing 13 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Yeary's Truck and Mining Parts, Inc.. (Breeding, Bradford) |
| Filing 12 CORPORATE FRCP 7.1 DISCLOSURE STATEMENT by Yeary's Truck and Mining Parts, Inc.. (Breeding, Bradford) |
| NOTICE OF DOCKET MODIFICATION TO Kenneth Buckle re #8 MOTION to Remand by Nathan Hubbard, #10 Proposed Agreed Order/Stipulation, #9 MOTION to Remand by Nathan Hubbard ; Error: ERROR 1: Attorney incorrectly filed the motion to remand twice. Clerk spoke w/ atty Buckle's office and was told the first entry #8 was filed w/o attachments and then re-filed as #9 w/ attachments. Clerk has termed #8 motion to remand and advised counsel not to file the motion twice, but instead file a Notice of Filing with the Memorandum and Exhibits as attachments to the Notice of Filing; No further action required by counsel; ERROR 2: Attachments to #9 Motion to Remand were insufficiently described as "Exhibit One to Memo", "Exhibit Two to Memo", etc.; Error made by attorney; Correction: The Clerk has renamed the attachments. It is necessary that all attachments are adequately described. ex: Exhibit A (incorrect); Exhibit A-Affidavit of John Doe (correct). No further action required by counsel; ERROR 3: Attorney incorrectly filed the Proposed Order to #9 as a separate filing using the event "Proposed Agreed Order/Stipulation." Correction: Clerk has modified the docket text of #10 to state "Proposed Memorandum Opinion and Order" re #9 Motion to Remand; Clerk attached the proposed order to the Motion to Remand #9 ; In the future, file the proposed order as an attachment to the motion instead of making a separate entry. Attorney further advised to contact the ECF Help Desk if assistance is needed in choosing the correct event for filing. cc: COR (JMB) |
| Filing 11 FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick) |
| Filing 10 PROPOSED MEMORANDUM OPINION AND ORDER by Nathan Hubbard re #9 Motion to Remand. (Buckle, Kenneth) Modified on 9/12/2006 to delete "Proposed Agreed Order/Stipulation" and created link to the motion to remand to which it relates DE #9. Notice sent to attorney (Brock, Jacqueline). |
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Filing 9
MOTION to Remand by Nathan Hubbard (Attachments: #1 Memorandum in Support of Motion to Remand#2 Exhibit One to Memorandum-Order Remanding by Judge Caldwell#3 Exhibit Two to Memorandum-Discovery Requests by AO#4 Exhibit Three to Memorandum-Excerpt of Motion to Compel by AO#5 Exhibit Four to Memorandum-Excerpt from Social Security Printout#6 Exhibit Five to Memorandum-KMS Discovery Responses#7 Exhibit Six to Memorandum-Carlos Adams Order #8 Proposed Order)(Buckle, Kenneth) Additional attachment(PROPOSED ORDER) added on 9/12/2006 (Brock, Jacqueline). Modified on 9/12/2006 to create link to proposed order and to describe attachments (Brock, Jacqueline).
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| Filing 8 MOTION to Remand by Nathan Hubbard (Buckle, Kenneth) |
| Filing 7 NOTICE OF MANDATORY ECF DIRECTED TO BRADFORD L. BREEDING, an ECF Filing User re #6 Rule 7.1 Disclosures was RECEIVED AS A PAPER FLEADING AND FILED BY THE CLERK, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge to institute contempt proceedings. cc: COR (RBB) |
| Filing 6 RULE 7.1 DISCLOSURES by Yeary's Truck and Mining Parts, Inc.(RBB) |
| Filing 5 NOTICE TO ATTORNEY RODNEY P. VINCENT by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (JMB) |
| Filing 4 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Carol Dan Browning, Julie Payne, Robert M. Connolly as counsel for American Optical Corp.; Bradford Breeding as counsel for Yeary's Truck and Mining Parts, Inc.; and Patrick Gault as counsel for Mine Service Co., Inc.. #1 Notice of Removal, has been filed without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within ten (10) days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (JMB) |
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Filing 3
ORDER FOR MEETING AND REPORT: 1) counsel to meet within 30 days; 2) counsel to exchange disclosures; 3) counsel to file joint report no later than 10 days following the meeting; consent forms attached. Each party is directed to advise the Court at the time of submission of the parties joint report of the parent corporations, subsidiaries, affiliates, members and/or partners which it is associated. This requirement is in addition to and requires more information than that required by Rule 7.1 of the FRCP. **Rule 26 Meeting Report due by 10/3/2006**. Signed by Judge Danny C. Reeves. (Attachments: #1 Consent to Magistrate Form)(JMB)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Danny C. Reeves for review: #1 Notice of Removal. (JMB) |
| Filing 2 NOTICE OF FILING pleadings from Harlan Circuit Court, Case No. 06-CI-00425 by American Optical Corporation re #1 Notice of Removal. (Attachments: #1 Exhibit 1 - Motion to Schedule Trial Date#2 Exhibit 2 - American Optical's Memo in Opposition to Mt#3 Exhibit 3 - Order)(JMB) |
| ANSWER to Complaint with JURY DEMAND by Mine Service Company, Inc.. (Answer filed in Leslie Circuit Court and is attached to #1 Notice of Removal as part of Exhibit A) (JMB) |
| ANSWER to Complaint by American Optical Corporation. (Answer filed in Leslie Circuit Court and is attached to #1 Notice of Removal as part of Exhibit A) (JMB) |
| ANSWER to Complaint by Yeary's Truck and Mining Parts, Inc.. (Answer filed in Leslie Circuit Court and is attached to #1 Notice of Removal as part of Exhibit A) (JMB) |
| Filing 1 NOTICE OF REMOVAL from Harlan Circuit Court, case number 06-CI-425. ( Filing fee $350; receipt number 124656), filed by American Optical Corporation. (Attachments: #1 Exhibit B - Letter from K. Buckle to Counsel for Dfts#2 Exhibit C - Affidavit of Wallace Cornett#3 Exhibit D - Mt for S/J by Yeary Truck & Mining Parts, Inc.#4 Exhibit E - Cert. of Administrative Dissolution#5 Civil Cover Sheet, Case Assignment and Receipt) NOTE: Exhibit A-State Court Record (Leslie Circuit Court) is too voluminous to scan and shall be maintained in Clerk's Office in separate volume. Also attached to Notice of Removal was USDC, EDKY Case No. 6:03-cv-493-KKC Adams, et al v. Minnesota Mining, et al and is too voluminous to scan and shall also be maintained in Clerk's Office in separate volume.)(JMB) Additional attachment(Harlan Circuit Court pleadings) added on 8/21/2006 (Brock, Jacqueline). Modified on 8/21/2006 (Brock, Jacqueline). |
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