Mullins v. Mine Safety Appliances Company et al
Plaintiff: Alger Mullins
Defendant: Mine Safety Appliances Company and Mine Safety Appliances Company, LLC
Case Number: 7:2020cv00136
Filed: November 2, 2020
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Edward B Atkins
Referring Judge: Robert E Wier
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1441
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2020 Opinion or Order Filing 9 SCHEDULING ORDER: 1. Parties shall exchange Rule 26(a)(1) disclosures by February 1, 2021. 2. Parties have indicated they are agreeable to mediation. If at any time the parties should desire a settlement conference, they are directed to contact Judge Atkins Chambers to schedule the conference. 3. This action is assigned for a telephonic mid- discovery conference on July 14, 2021, at 1:30 p.m., and shall be ON THE RECORD, from PIKEVILLE. Counsel shall access the conference by calling AT&T Teleconferencing at 1-877-336-1839; entering the access code 4162817 (followed by #); and when requested, entering the security code 0057 (followed by #). 4. Parties shall file any motion to join parties or amend pleadings by May 3, 2021. 5. NLT July 1, 2021, counsel for parties shall complete all pretrial fact discovery. All expert discovery shall be completed NLT November 1, 2021. 6. Status report is due NLT November 1, 2021. 7. Per FRCP 26(a)(2), NLT September 1, 2021, plaf shall disclose the identity of expert witnesses. The same is required by the dft no later than October 1, 2021. 8. The parties shall have to and including December 1, 2021 to file all dispositive motions and Daubert motions, with response & reply time as per LR 7.1(c). 9. Requests to modify any dates or ddls shall be submitted upon motion filed prior to expiration of the ddl in question, and upon showing of good cause. Signed by Magistrate Judge Edward B. Atkins on 12/28/2020.(MJY)cc: COR
December 18, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #8 Joint Status Report (RCB)
December 18, 2020 Filing 8 JOINT STATUS REPORT by Mine Safety Appliances Company, LLC, Alger Mullins. (Jones, Alice) Modified text on 12/18/2020 (RCB).
November 16, 2020 Opinion or Order Filing 7 ORDER: 1. By December 7, 2020, parties shall meet to consider the topics Rule 26(f)(2) mandates. 2. Within 14 days of the meeting, parties shall file a joint status report. 3. The Show Cause Order #5 is DISCHARGED. Signed by Magistrate Judge Edward B. Atkins on 11/16/2020. (RCB)cc: COR
November 16, 2020 ***FILE SUBMITTED TO CHAMBERS of Judge Atkins for review: #6 Response to Order to Show Cause (RCB)
November 13, 2020 Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by Mine Safety Appliances Company, LLC filed by Mine Safety Appliances Company, LLC. (Attachments: #1 Exhibit A - Redacted Answers, #2 Exhibit B - Redacted Comprehensive Report)(Jones, Alice) Modified text on 11/16/2020 (RCB).
November 4, 2020 Opinion or Order Filing 5 ORDER: IT IS ORDERED Dft Mine Safety Appliances SHOW CAUSE within ten days why this case should not be remanded for lack of subject-matter jurisdiction, submitting any relevant proof and addressing all implicated topics. Thereafter, Plf may respond within seven days. Court will then take issue of subject-matter jurisdiction under submission and propriety of removal. Signed by Magistrate Judge Edward B. Atkins on 11/4/2020. (RCB)cc: COR
November 3, 2020 Opinion or Order Filing 4 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier. (RCB)cc: COR
November 3, 2020 Conflict Check run. (RCB)
November 2, 2020 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Mine Safety Appliances Company, LLC. (RCB)
November 2, 2020 Filing 1 NOTICE OF REMOVAL from Letcher County Circuit Court, case number 20-CI-110, filed by Mine Safety Appliances Company, LLC. (Filing fee $400; receipt number 0643-4817276) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - Releases, #3 Exhibit C - State Court Notice of Removal, #4 Exhibit D - State Court Docket Sheet, #5 Civil Cover Sheet)(RCB)

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Defendant: Mine Safety Appliances Company
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Defendant: Mine Safety Appliances Company, LLC
Represented By: M. Trent Spurlock
Represented By: Alice A. Jones
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Plaintiff: Alger Mullins
Represented By: Robert Paul Starnes
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