Hoskins et al v. 3M Company et al
| Ronnie Sizemore, Clifford Hoskins and Bud Napier |
| Mine Safety Appliances Company, LLC, Kentucky Mine Supply Company and Mine Service Company, Inc. |
| James River Coal, Smith Brothers Excavating, Transcoal Coal Company, Tru-Check Inc, JSI of Kentucky Inc., Stansbury & Company, Inc., Mountain Clay Incorporated, JOC Coal Mining Inc., Ikerd Bandy Co. Inc. and Hardly Able Coal Co. Inc. |
| 3M Company |
| 6:2017cv00304 |
| November 1, 2017 |
| US District Court for the Eastern District of Kentucky |
| London Office |
| Clay |
| Karen K Caldwell |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 5 Consent to Removal by Mine Safety Appliances Company, LLC re #1 Notice of Removal. (SYD) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (SYD) |
| Filing 3 NOTICE and Certificate of Removal by 3M Company (SYD) |
| Filing 1 NOTICE OF REMOVAL from Clay Circuit Court, case number 16-CI-283, filed by 3M Company.( Filing fee $400; receipt number 0643-3929526) (Attachments: #1 State Court Record Part 1, #2 State Court Record Part 2, #3 State Court Record Part 3, #4 State Court Record Part 4, #5 State Court Record Part 5)(SYD) |
| MOTION for Partial Summary Judgment on Plaintiff's Intentional Misrepresentation Claim by 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -3. (SYD) Modified on 11/2/2017 (SYD). |
| MEMORANDUM in Support of Motion re MOTION for Summary Judgment on Plaintiff's Intentional Misrepresentation Claim by 3M Company filed by 3M Company. (SYD) |
| MOTION for Partial Summary Judgment on Plaintiff's Implied Warranty Claim by 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -4. (SYD) |
| MEMORANDUM in Support of Motion re MOTION for Partial Summary Judgment on Plaintiff's Implied Warranty Claim by 3M Company filed by 3M Company. (SYD) |
| MOTION in Limine by 3M Company TO EXCLUDE CERTAIN TESTIMONY OF JOHN M. PRICE, Ph.D. Attached to the NOR as part of the state court record, DE #1 -3. (SYD) |
| MOTION in Limine No. 16 by 3M Company : RESERVING THE RIGHT TO JOIN IN MOTIONS IN LIMINE AND JOINDER. Attached to the NOR as part of the State Court Record, DE #1 -3.(SYD) |
| MOTION in Limine No. 14 by 3M Company : TO EXCLUDE EXPERT WITNESSES NOT TIMELY DISCLOSED, AND TO EXCLUDE REFERENCE IN OPENING ARGUMENT TO EXPERTS NOT YET DEPOSED. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| MOTION in Limine No. 15 by 3M Company : TO EXCLUDECERTAIN EVIDENCE AND ARGUMENT. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| MOTION for Summary Judgment on Statute of Limitations by 3M Company. Attached to the NOR as part of the state court record, DE #1 -4. (SYD) |
| MOTION in Limine No. 17 by 3M Company : TO EXCLUDEREFERENCE TO 3MS LITIGATION HISTORY. Attached to the NOR as part of the State Court Record, DE #1 -3.(SYD) |
| MOTION in Limine No. 18 by 3M Company : TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING PRESSURE DROP MANUFACTURING DEFECT ISSUE. Attached to the NOR as part of the state court record, DE #1 -3. (SYD) |
| MOTION in Limine No. 2 by Bud Napier : TO PRECLUDE 3M FROM OFFERING TESTIMONY OR EVIDENCE THAT NIOSH CHANGED OR MODIFIED THE SILICA DUST TEST REGARDING OPERATION OF A STIRRING FAN. Attached to the NOR as part of the State Court Record, DE #1 -4.(SYD) |
| MOTION in Limine No. 8 by Bud Napier : TO PRE-ADMIT SELECT EXHIBITS AND TO AUTHENTICATE ALL EXHIBITS ORIGINALLY PRODUCED BY DEFENDANT 3M COMPANY. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 7 by Bud Napier : TO PRECLUDE DEFENSE COUNSEL FROM REFERRING TO THEIR OWN PERSONAL EXPERIENCES OR OPINIONS. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 9 by Bud Napier : TO REQUIRE DEFENDANT 3M COMPANY TO IDENTIFY THE TRIAL EXHIBITS IT INTENDS TO USE AT TRIAL WITH GREATER SPECIFICITY. Attached to the NOR as part of the state court record, DE #1 -4(SYD) |
| MOTION in Limine No. 10 by Bud Napier : REGARDING DISPLAYING SLIDES AND EXHIBITS TO THE JURY. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 11 by Bud Napier : TO EXCLUDE EVIDENCE OR ARGUMENT REGARDING PRIOR MARIJUANA USE. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 6 by Bud Napier : TO EXCLUDE PRIOR VERDICTS IN OTHER CASES. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 5 by Bud Napier : TO EXCLUDE PHOTOGRAPHS OF OTHER MINERS. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 1 by Bud Napier : TO PRECLUDE 3M FROM OFFERING TESTIMONY OR EVIDENCE ABOUT THE 2006 OSHA REGULATION ON ASSIGNED PROTECTION FACTORS. Attached to the NOR as part of the State Court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 13 by 3M Company : TO EXCLUDE OPINION TESTIMONY FROM FACT WITNESS DARELL BEVIS. Attached to the NOR as part of state court record, DE #1 -3.(SYD) |
| MOTION in Limine No. 3 by Bud Napier : TO PRECLUDE TESTIMONY REGARDING LEGAL INTERPRETATIONS OF LAWS AND REGULATIONS. Attached to the NOR as part of the state court record, DE #1 -4.(SYD) |
| MOTION in Limine No. 4 by Bud Napier : TO EXCLUDE TESTIMONY OF JOHN L. WEISS. Attached to the NOR as part of the State Court Record, DE #1 -4.(SYD) |
| MEMORANDUM in Support of Motion re MOTION for Summary Judgment on Statute of Limitations by 3M Company filed by 3M Company. (SYD) |
| MOTION in Limine No. 11 by 3M Company : TO EXCLUDE EVIDENCE OF 3MS FINANCIAL CONDITION, OR IN THE ALTERNATIVE TO CONTROL THE ORDER OF PROOF. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| ANSWER to Amended Complaint (Notice of Removal) by Mine Service Company, Inc. Attached to the NOR as part of the State Court Record, DE #1 -1 (SYD) |
| ANSWER to Amended Complaint (Notice of Removal) by Kentucky Mine Supply Company. Attached to the NOR as part of the State Court Record, DE #1 -1. (SYD) |
| ANSWER to Amended Complaint (Notice of Removal) by 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -1 (SYD) |
| MOTION for Extension of the Deadlines for Filing Defendant's Expert witness disclosures, Exhibit and Witness List by 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -2. (SYD) |
| RESPONSE in Opposition re MOTION for Extension of Time by 3M Company filed by Bud Napier. Attached to the NOR as part of the State Court Record, DE #1 -2 (SYD) |
| ANSWER to Amended Complaint (Notice of Removal) by Mine Safety Appliances Company, LLC. Attached to the NOR as part of the State Court Record, DE #1 -1. (SYD) |
| AMENDED COMPLAINT against 3M Company, Kentucky Mine Supply Company, Mine Safety Appliances Company, LLC, Mine Service Company, Inc., filed by Ronnie Sizemore, Clifford Hoskins, Bud Napier. Attached to the NOR as part of the State Court Record, DE #1 -1.(SYD) |
| ANSWER to Complaint (Notice of Removal) by Mine Service Company, Inc. Attached to the NOR as part of the State Court Record, DE #1 -1 (SYD) |
| ANSWER to Complaint (Notice of Removal) by Mine Safety Appliances Company, LLC. Attached to the NOR as part of the State Court Record, DE #1 -1(SYD) |
| ANSWER to Complaint (Notice of Removal) by Kentucky Mine Supply Company. Attached to the NOR as part of the State Court Record, DE #1 -1 (SYD) |
| ANSWER to Complaint (Notice of Removal) by 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -1 (SYD) |
| AGREED ORDER : plaintiff given leave to file amended complaint. Attached to the NOR as part of the State Court Record, DE #1 -1 (SYD) |
| MOTION to Deem Plaintiff's employers settling tortfeasors for purposes of apportionment by 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -2. (SYD) |
ORDER: third-party complaint filed by 3M Company against the third-party defendants, JOC Coal Mining, Inc.; Hardly Able Coal Co. Inc.; Stansbury & Company, Inc.; Mountain Clay Incorporated; James River Coal; Transco Coal Company (Transco Engery); Ikerd Bandy Co. Inc.; Smith Brothers Excavating; JSI of Kentucky, Inc.; and Tm-Check, Inc. (hereinafter collectively the "Third-Party Defendants"), may be, and the same hereby is, FILED herein; IT IS HEREBY FURTHER ORDERED that the said third-party complaint is filed pursuant to and consistent with KRS 41i.182 for the purposes of apportionment only, and that all further steps for the perfection of the third-party complaint for apportionment are deemed accomplished without the necessity of service upon the third-party defendants, and that the third-party claims may be considered DISMISSED upon entry of this order; and, RE-MOTION to Deem Plaintiff's employers settling tortfeasors for purposes of apportionment by 3M Company. IT IS HEREBY FURTHER ORDERED that the inclusion of the third-party defendants identified herein upon a verdict form shall be subject to proof produced at trial sufficient to warrant the submission of the third-party claims to the jury for consideration. Further, the parties may raise any legal issue or argument related to these entities being placed on the verdict sheet with the exception of challenges to this order. Attached to the NOR as part of the State Court Record, DE #1 -2.(SYD) Modified on 11/2/2017 (SYD).
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| MOTION in Limine No. 7 by 3M Company : TO EXCLUDE EVIDENCE AND ARGUMENT RELATED TO ANY CLAIMS OF POST-SALE DUTY TO WARN. Attached to the NOR as part of the State Court Record, DE #1 -3.(SYD) |
| MOTION in Limine No. 6 by 3M Company : TO EXCLUDE EVIDENCE REGARDING 3MS ADVERTISING, MARKETING, AND PACKAGING MATERIALS, OR IN THE ALTERNATIVE, TO CONTROL THE ORDER OF PROOF. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| MOTION in Limine No. 8 by 3M Company : TO REQUIRE DISCLOSURE OF SETTLEMENTS AND TO ADMIT THE FACT OF SETTLEMENT INTO EVIDENCE FOR SOME PURPOSES. Attached to the NOR as part of the State Court Record, DE #1 -3.(SYD) |
| MOTION in Limine No. 9 by 3M Company : REGARDING PROPER USES OF COLLATERAL SOURCE EVIDENCE. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| MOTION in Limine No. 10 by 3M Company : TO EXCLUDEEVIDENCE CONCERNING 3MS OUT OF STATE CONDUCT. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| MOTION in Limine No. 5 by 3M Company : TO EXCLUDE EVIDENCE OF FAILURE TO WARN. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
| MOTION in Limine No. 4 by 3M Company : TO EXCLUDE CERTAIN DOCUMENTS AND TESTIMONY REGARDING THE SAME. Attached to the NOR as part of the State Court Record. (SYD) |
| Party Ikerd Bandy Co. Inc., JOC Coal Mining Inc., JSI of Kentucky Inc., James River Coal, Mountain Clay Incorporated, Smith Brothers Excavating, Stansbury & Company, Inc., Transcoal Coal Company, Tru-Check Inc, and Hardly Able Coal Co. Inc. terminated. Pursuant to State Court Order at DE 2 -1 (SYD) |
| THIRD PARTY COMPLAINT against Hardly Able Coal Co. Inc., Ikerd Bandy Co. Inc., JOC Coal Mining Inc., JSI of Kentucky Inc., James River Coal, Mountain Clay Incorporated, Smith Brothers Excavating, Stansbury & Company, Inc., Transcoal Coal Company, Tru-Check Inc, filed by 3M Company, 3M Company. Attached to the NOR as part of the State Court Record, DE #1 -2. (SYD) |
| MOTION in Limine No. 1 by 3M Company TO EXCLUDEEVIDENCE AND ARGUMENT THAT EVERY EXPOSURE COUNTS Attached to the NOR as part of the State Court Record, DE #1 -3.(SYD) |
| MOTION in Limine No. 2 by 3M Company : TO ALLOWSUBMISSION OF THE ATTACHED SUPPLEMENTAL JURY QUESTIONNAIRE TOTHE JURY VENIRE BEFORE VOIR DIRE. Attached to NOR as part of the State Court Record, DE #1 -3. (SYD) |
| MOTION in Limine No. 3 by 3M Company : TO EXCLUDEEVIDENCE OR ARGUMENT REGARDING THE 3M 8710 RESPIRATORSALLEGED TENDENCY TO COLLAPSE. Attached to the NOR as part of the State Court Record, DE #1 -3.(SYD) |
| MOTION in Limine No. 12 by 3M Company : TO EXCLUDE PRIOR DEPOSITIONS, TESTIMONY, AFFIDAVITS, AND DECLARATIONS. Attached to the NOR as part of the state court record, DE #1 -3.(SYD) |
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