Combs et al v. 3M Company et al
| Barm Combs, Patricia Combs, Allen Sexton, Betty Sexton, Luther Sergent, John Paul Carroll, Marlene Carroll, Jimmy Combs, Donnie Akers, Monica Akers, Brenda Lawson, Emett Hamilton, Catherine Ann Hamilton, Larry Tackett, Jennifer Tackett, Joey Maynard, Chandra Maynard, Adam Akers, Heather Akers, Willie Patton, Larry Longworth, Karen Longworth, Donald Howard, Jay Bates, Darrin Newsome, Tracy Newsome, Clifford Pittman, Patsy Pittman, Jimmy Strunk, Theresa Strunk, Harlan Hall, Kasey Hall, Brent Johnson, Johnny Gayheart, Jacqueline Gayheart, Larry Kiser, Jr., Anastasia Kiser, Floyd Taylor, Rosalee Taylor, Donald Johnson, Gleda Johnson, James Thornsberry, Robin Thornsberry, Scotty Pratt, Amelia Pratt, Lenville Newsome, Glenda Newsome, Derrick Martin, Star Martin, Mark Minix, Jennifer Minix, Michael Newsome, Donna Newsome and James Holbrook |
| 3M Company, Network Supply, Minnesota Mining & Manufacturing Company, Mine Safety Appliances Company, American Optical Corporation, Cabot CSC Corporation, Cabot Corporation, Aearo Technologies, LLC, Aearo LLC, Mine Service Company, Inc., Network Supply, Inc., Roswell, Inc., Regina Mine Supply, Inc., Carbon Mine Supply, LLC, M & M Mine Supply, Inc. and Kentucky Mine Supply Company |
| 7:2021cv00084 |
| October 25, 2021 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Candace J Smith |
| 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 September 27, 2022. A more recent docket listing may be available from PACER.
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Filing 31
NOTICE OF APPEARANCE by Adam Akers, Donnie Akers, Heather Akers, Monica Akers, Jay Bates, John Paul Carroll, Marlene Carroll, Barm Combs, Jimmy Combs, Patricia Combs, Jacqueline Gayheart, Johnny Gayheart, Harlan Hall, Kasey Hall, Catherine Ann Hamilton, Emett Hamilton, James Holbrook, Donald Howard, Brent Johnson, Donald Johnson, Gleda Johnson, Anastasia Kiser, Larry Kiser, Jr, Brenda Lawson, Karen Longworth, Larry Longworth, Derrick Martin, Star Martin, Chandra Maynard, Joey Maynard, Jennifer Minix, Mark Minix, Darrin Newsome, Donna Newsome, Glenda Newsome, Lenville Newsome, Michael Newsome, Tracy Newsome, Willie Patton, Clifford Pittman, Patsy Pittman, Amelia Pratt, Scotty Pratt, Luther Sergent, Allen Sexton, Betty Sexton, Jimmy Strunk, Theresa Strunk, Jennifer Tackett, Larry Tackett, Floyd Taylor, Rosalee Taylor, James Thornsberry, Robin Thornsberry. (Givens, Johnny)
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Filing 30
RESPONSE to #26 Joinder in 3M's Response filed by Mine Safety Appliances Company. (Jones, Alice)
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Filing 29
RESPONSE to Motion re #26 MOTION to Remand by Adam Akers, Donnie Akers, Heather Akers, Monica Akers, Jay Bates, John Paul Carroll, Marlene Carroll, Barm Combs, Jimmy Combs, Patricia Combs, Jacqueline Gayheart, Johnny Gayheart, Harlan Hall, Kasey Hall, Catherine Ann Hamilton, Joinder in 3M's Response filed by Aearo LLC, American Optical Corporation, Cabot CSC Corporation. (Watt, Whitney) Modified text, filer per attorney on 12/15/2021 (RCB).
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Filing 28
RESPONSE in Opposition re #26 MOTION to Remand by Adam Akers, Donnie Akers, Heather Akers, Monica Akers, Jay Bates, John Paul Carroll, Marlene Carroll, Barm Combs, Jimmy Combs, Patricia Combs, Jacqueline Gayheart, Johnny Gayheart, Harlan Hall, Kasey Hall, Catherine Ann Hamilton, filed by 3M Company. (Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #12 MOTION to Sever by 3M Company (RCB)
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Filing 27
REPLY to Response to Motion re #12 MOTION to Sever by 3M Company filed by 3M Company. (Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #24 MOTION to Dismiss by 3M Company Duplicative Suits of Plaintiffs Larry Longworth, Karen Longworth, Billy Ratliff, and Debbie Ratliff (RCB)
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Filing 26
MOTION to Remand by Adam Akers, Donnie Akers, Heather Akers, Monica Akers, Jay Bates, John Paul Carroll, Marlene Carroll, Barm Combs, Jimmy Combs, Patricia Combs, Jacqueline Gayheart, Johnny Gayheart, Harlan Hall, Kasey Hall, Catherine Ann Hamilton, Emett Hamilton, James Holbrook, Donald Howard, Brent Johnson, Donald Johnson, Gleda Johnson, Anastasia Kiser, Larry Kiser, Jr, Brenda Lawson, Karen Longworth, Larry Longworth, Derrick Martin, Star Martin, Chandra Maynard, Joey Maynard, Jennifer Minix, Mark Minix, Darrin Newsome, Donna Newsome, Glenda Newsome, Lenville Newsome, Michael Newsome, Tracy Newsome, Willie Patton, Clifford Pittman, Patsy Pittman, Amelia Pratt, Scotty Pratt, Luther Sergent, Allen Sexton, Betty Sexton, Jimmy Strunk, Theresa Strunk, Jennifer Tackett, Larry Tackett, Floyd Taylor, Rosalee Taylor, James Thornsberry, Robin Thornsberry (Attachments: #1 Exhibit A - Brian Adams, et al. Memorandum of Law and Exhibits from 7:21-cv-82, #2 Proposed Order Order Granting Motion to Remand)(Hammond, Glenn) Modified text on 11/29/2021 (TDA).
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Attorney Update. Attorney Johnny T. Givens for Plaintiffs added. (RCB)
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Filing 25
RESPONSE in Opposition re #12 MOTION to Sever by 3M Company filed by Adam Akers, Donnie Akers, Heather Akers, Monica Akers, Jay Bates, John Paul Carroll, Marlene Carroll, Barm Combs, Jimmy Combs, Patricia Combs, Jacqueline Gayheart, Johnny Gayheart, Harlan Hall, Kasey Hall, Catherine Ann Hamilton, Emett Hamilton, James Holbrook, Donald Howard, Brent Johnson, Donald Johnson, Gleda Johnson, Anastasia Kiser, Larry Kiser, Jr, Brenda Lawson, Karen Longworth, Larry Longworth, Derrick Martin, Star Martin, Chandra Maynard, Joey Maynard, Jennifer Minix, Mark Minix, Darrin Newsome, Donna Newsome, Glenda Newsome, Lenville Newsome, Michael Newsome, Tracy Newsome, Willie Patton, Clifford Pittman, Patsy Pittman, Amelia Pratt, Scotty Pratt, Luther Sergent, Allen Sexton, Betty Sexton, Jimmy Strunk, Theresa Strunk, Jennifer Tackett, Larry Tackett, Floyd Taylor, Rosalee Taylor, James Thornsberry, Robin Thornsberry. (Attachments: #1 Exhibit 1 - Wilson Complaint, #2 Exhibit 2 - Wilson CMO)(Hammond, Glenn)
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Filing 24
MOTION to Dismiss by 3M Company Duplicative Suits of Plaintiffs Larry Longworth, Karen Longworth, Billy Ratliff, and Debbie Ratliff (Attachments: #1 Exhibit A - Complaint, #2 Proposed Order)(Spann, Bryant)
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Filing 23
ANSWER to Complaint with Jury Demand by Cabot CSC Corporation.(Startsman, Emily)
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Filing 22
FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick)
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Filing 21
FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick)
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Filing 20
NOTICE OF FILING by 3M Company re #12 MOTION to Sever by 3M Company (Attachments: #1 Proposed Order Proposed Order re Motion to Sever)(Miller, Byron)
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Filing 18
ORDER: this matter is REASSIGNED to Magistrate Judge Candace Smith. Signed by Magistrate Judge Edward B. Atkins on 11/2/2021. (RCB)cc: COR
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Filing 17
ANSWER to Complaint with Jury Demand by Aearo LLC.(Startsman, Emily)
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Filing 16
ANSWER to Complaint with Jury Demand by American Optical Corporation.(Startsman, Emily)
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Filing 15
FRCP 7.1 DISCLOSURE STATEMENT by American Optical Corporation identifying Corporate Parent Coast Holdings Incorporated for American Optical Corporation.. (Watt, Whitney)
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Filing 14
ANSWER to Complaint by Mine Safety Appliances Company.(Spurlock, M.)
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Filing 13
FRCP 7.1 DISCLOSURE STATEMENT by Aearo LLC, Aearo Technologies, LLC identifying Corporate Parent Aearo Intermediate LLC, Corporate Parent Aearo Holding LLC, Corporate Parent 3M Occupational Safety, Corporate Parent 3M Company for Aearo LLC, Aearo Technologies, LLC.. (Watt, Whitney)
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Filing 12
MOTION to Sever and to Require Repleading by 3M Company Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Excerpt from 6/9/2020 Deposition of Ollie McGinnis)(Miller, Byron) Modified text on 11/1/2021 (RCB). (Additional attachment(s) added on 11/3/2021: #2 Proposed Order) (RCB).
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Filing 11
FRCP 7.1 DISCLOSURE STATEMENT by Cabot CSC Corporation, Cabot Corporation. (Watt, Whitney)
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NOTICE OF DEFICIENCY TO Byron Miller re #12 MOTION to Sever by 3M Company; Error #1: attorney failed to submit a [proposed order] as an electronic attachment to the motion. Entry by attorney; within 7 calendar days, prepare a document entitled "Notice of Filing", file the Notice using the event "Notice of Filing," attach the proposed order, and create a link to the related docket entry. Error #2: attachment was insufficiently described as "Exhibit A." Entry by attorney; Correction: the Clerk renamed the attachment. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel as to error #2. cc: COR (RCB)
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Filing 10
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Whitney Frazier Watt. #5 Notice has been filed by American Optical Corporation, Cabot CSC, LLC (formerly known as Cabot CSC Corporation), Aearo Technologies, LLC and Aearo LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (RCB)
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Filing 9
FRCP 7.1 DISCLOSURE STATEMENT by Mine Safety Appliances Company. (Spurlock, M.)
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Filing 8
NOTICE TO ATTORNEY Michael B. Martin by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (RCB)
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Filing 7
NOTICE of Consent to Removal by Mine Safety Appliances Company (RCB)
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Filing 6
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
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Filing 5
NOTICE of Consent to Removal by Aearo LLC, Aearo Technologies, LLC, American Optical Corporation, Cabot CSC Corporation, Cabot Corporation (RCB)
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Filing 4
ANSWER to Complaint by 3M Company. (RCB)
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Filing 3
FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (RCB)
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Filing 1
NOTICE OF REMOVAL from Knott Circuit Court, case number 21-CI-197, filed by 3M Company. (Filing fee $402; receipt number AKYEDC-5108151) (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - 8710 Approval, #3 Exhibit 3 - 8715 Approval, #4 Exhibit 4 - 8210 Approval, #5 Exhibit 5 - 3M Science of Safety, #6 Exhibit 6 - Complaint Strunk v 3M, #7 Exhibit 7 - Scientific Literature, #8 Exhibit 8 - Sample Dockets, #9 Exhibit 9 - Transcript Williams v 3M, #10 Exhibit 10 - KY SOS Network Supply, #11 Exhibit 11 - KY SOS Regina Mine Supply, #12 Exhibit 12 - KY SOS Carbon Mine Supply, #13 Exhibit 13 - Cox Judgement, #14 Exhibit 14 - 3M Notice of Filing NOR, #15 Civil Cover Sheet)(RCB)
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ANSWER to Complaint by Kentucky Mine Supply Company. (State Court pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by Mine Service Company, Inc. (State Court pleading, see DE #1 for pdf document.) (RCB)
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Conflict Check run. (RCB)
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