Yates et al v. 3M Company et al
| Carter Yates, Estill Lowe, Marty Little, Janet Little, Barm Combs, Patricia Combs, Randall Hollifield, Bertha Tackett, Frank Smith, Michael Mitchell, Hugh Hall, Kathy Hall, Clifford Ousley, Latisha Ousley, Billy Stewart, Betty Stewart, Gary Lee Ray, Phyllis Kilgore, Billy Foster Hamilton, Jimmy Hall, Ronald Howard, Matthew Hall, Teddy Hamilton, Donna Hamilton, Donovan Mullins, Angela Mullins, Gary . Hall, David Ray, Andrea Ray, Kenny Mitchell, Gordon McKinney, James Keathley, Edd Mosley, Festa Salisbury, Charlie Blankenship, Laura Blankenship, Carlos Elswick, Vicki Elswick, Kenny Little, Timmy Tackett, Pauletta Tackett, Curtis Conn, Vonda Newsome, Jimmy Ray Adkins, Wendell Vance, Jr., Starlie Vance, Patrick Hall, David Johnson, Jacqueline Johnson, James Tackett, Drexel Hall, Norene Hall, Danny Martin, Annette Martin, Marcus Castle, Wanda Castle, Verbal Akers, Ollie Tackett, Sheila Bryant, Loretta Newman, Sarah Faye Hamilton, Tammy Adkins and John Glenn Tackett |
| 3M Company, Network Supply, Minnesota Mining and 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 |
| 7:2021cv00085 |
| October 25, 2021 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| 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 34
NOTICE OF APPEARANCE by Jimmy Ray Adkins, Tammy Adkins, Verbal Akers, Charlie Blankenship, Laura Blankenship, Sheila Bryant, Marcus Castle, Wanda Castle, Barm Combs, Patricia Combs, Curtis Conn, Carlos Elswick, Vicki Elswick, Drexel Hall, Gary. Hall, Hugh Hall, Jimmy Hall, Kathy Hall, Matthew Hall, Norene Hall, Patrick Hall, Billy Foster Hamilton, Donna Hamilton, Sarah Faye Hamilton, Teddy Hamilton, Randall Hollifield, Ronald Howard, David Johnson, Jacqueline Johnson, James Keathley, Phyllis Kilgore, Janet Little, Kenny Little, Marty Little, Estill Lowe, Annette Martin, Danny Martin, Gordon McKinney, Kenny Mitchell, Michael Mitchell, Edd Mosley, Angela Mullins, Donovan Mullins, Loretta Newman, Vonda Newsome, Clifford Ousley, Latisha Ousley, Andrea Ray, David Ray, Gary Lee Ray, Festa Salisbury, Frank Smith, Betty Stewart, Billy Stewart, Bertha Tackett, James Tackett, John Glenn Tackett, Ollie Tackett, Pauletta Tackett, Timmy Tackett, Starlie Vance, Wendell Vance, Jr, Carter Yates. (Givens, Johnny)
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Filing 33
RESPONSE to #29 Joinder in 3M's Response filed by Mine Safety Appliances Company. (Jones, Alice)
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Filing 32
RESPONSE to Motion re #29 MOTION to Remand by Jimmy Ray Adkins, Tammy Adkins, Verbal Akers, Charlie Blankenship, Laura Blankenship, Sheila Bryant, Marcus Castle, Wanda Castle, Barm Combs, Patricia Combs, Curtis Conn, Carlos Elswick, Vicki Elswick, Drexel Hall, Gary. Hall, Hug Joinder in 3M's Response filed by Aearo LLC, American Optical Corporation, Cabot CSC Corporation. (Watt, Whitney)
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Filing 31
RESPONSE in Opposition re #29 MOTION to Remand by Jimmy Ray Adkins, Tammy Adkins, Verbal Akers, Charlie Blankenship, Laura Blankenship, Sheila Bryant, Marcus Castle, Wanda Castle, Barm Combs, Patricia Combs, Curtis Conn, Carlos Elswick, Vicki Elswick, Drexel Hall, Gary. Hall, Hug filed by 3M Company. (Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #15 MOTION to Sever and to Require Repleading by 3M Company. (TDA)
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Filing 30
REPLY to Response to Motion re #15 MOTION to Sever and to Require Repleading by 3M Company filed by 3M Company. (Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #15 MOTION to Sever and to Require Repleading by 3M Company. (TDA)
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Filing 29
MOTION to Remand by Jimmy Ray Adkins, Tammy Adkins, Verbal Akers, Charlie Blankenship, Laura Blankenship, Sheila Bryant, Marcus Castle, Wanda Castle, Barm Combs, Patricia Combs, Curtis Conn, Carlos Elswick, Vicki Elswick, Drexel Hall, Gary. Hall, Hugh Hall, Jimmy Hall, Kathy Hall, Matthew Hall, Norene Hall, Patrick Hall, Billy Foster Hamilton, Donna Hamilton, Sarah Faye Hamilton, Teddy Hamilton, Randall Hollifield, Ronald Howard, David Johnson, Jacqueline Johnson, James Keathley, Phyllis Kilgore, Janet Little, Kenny Little, Marty Little, Estill Lowe, Annette Martin, Danny Martin, Gordon McKinney, Kenny Mitchell, Michael Mitchell, Edd Mosley, Angela Mullins, Donovan Mullins, Loretta Newman, Vonda Newsome, Clifford Ousley, Latisha Ousley, Andrea Ray, David Ray, Gary Lee Ray, Festa Salisbury, Frank Smith, Betty Stewart, Billy Stewart, Bertha Tackett, James Tackett, John Glenn Tackett, Ollie Tackett, Pauletta Tackett, Timmy Tackett, Starlie Vance, Wendell Vance, Jr, Carter Yates (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 added for plaintiffs, per DE #28. (TDA)
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Filing 28
RESPONSE in Opposition re #15 MOTION to Sever and to Require Repleading by 3M Company filed by Jimmy Ray Adkins, Tammy Adkins, Verbal Akers, Charlie Blankenship, Laura Blankenship, Sheila Bryant, Marcus Castle, Wanda Castle, Barm Combs, Patricia Combs, Curtis Conn, Carlos Elswick, Vicki Elswick, Drexel Hall, Gary. Hall, Hugh Hall, Jimmy Hall, Kathy Hall, Matthew Hall, Norene Hall, Patrick Hall, Billy Foster Hamilton, Donna Hamilton, Sarah Faye Hamilton, Teddy Hamilton, Randall Hollifield, Ronald Howard, David Johnson, Jacqueline Johnson, James Keathley, Phyllis Kilgore, Janet Little, Kenny Little, Marty Little, Estill Lowe, Annette Martin, Danny Martin, Gordon McKinney, Kenny Mitchell, Michael Mitchell, Edd Mosley, Angela Mullins, Donovan Mullins, Loretta Newman, Vonda Newsome, Clifford Ousley, Latisha Ousley, Andrea Ray, David Ray, Gary Lee Ray, Festa Salisbury, Frank Smith, Betty Stewart, Billy Stewart, Bertha Tackett, James Tackett, John Glenn Tackett, Ollie Tackett, Pauletta Tackett, Timmy Tackett, Starlie Vance, Wendell Vance, Jr, Carter Yates. (Attachments: #1 Exhibit 1 - Wilson Complaint, #2 Exhibit 2 - Wilson CMO)(Hammond, Glenn)
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Filing 27
MOTION to Dismiss by 3M Company Duplicative Suits of Plaintiffs Barm and Patricia Combs (Attachments: #1 Exhibit A - Complaint, #2 Proposed Order)(Spann, Bryant)
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Filing 26
ANSWER to Complaint with Jury Demand by Cabot CSC Corporation.(Startsman, Emily)
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Filing 25
FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick)
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Filing 24
FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick)
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Filing 23
ANSWER to Complaint with Jury Demand by American Optical Corporation.(Startsman, Emily)
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Filing 22
ANSWER to Complaint with Jury Demand by Aearo LLC.(Startsman, Emily)
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Filing 21
NOTICE OF FILING by 3M Company re #15 MOTION to Sever and to Require Repleading by 3M Company (Attachments: #1 Proposed Order Proposed Order re Motion to Sever)(Miller, Byron)
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Filing 19
ORDER: As required by US Code 28:455, undersigned will recuse from further responsibility in this action. Therefore, in accordance with GO 18-22, and with agreement of participating US Magistrate Judges, IT IS ORDERED that matter is REASSIGNED to Magistrate Judge Candace Smith. Signed by Magistrate Judge Edward B. Atkins on 11/2/2021. (TDA) cc: COR
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NOTICE OF DEFICIENCY & NOTICE OF DOCKET MODIFICATION TO BYRON MILLER re #15 MOTION to Sever and to Require Repleading; Entry by attorney; Error #1: attachment was insufficiently described as "Exhibit A." 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 this error. Error #2: attorney failed to submit a proposed order as an electronic attachment to the motion. Correction: 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. cc: COR (TDA)
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Filing 18
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 17
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 16
ANSWER to Complaint by Mine Safety Appliances Company.(Spurlock, M.)
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Filing 15
MOTION to Sever and to Require Repleading by 3M Company. Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Deposition Excerpts of Ollie McGinnis)(Miller, Byron) Modified text on 11/2/2021 (TDA). (Additional attachment(s) added on 11/4/2021: #2 Proposed Order) (RCB).
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Filing 14
FRCP 7.1 DISCLOSURE STATEMENT by Cabot CSC Corporation, Cabot Corporation. (Watt, Whitney)
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Filing 13
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. (TDA) cc: COR
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Filing 11
ORDER: Upon Court's review, it concludes that it is related to an earlier filed and previously docketed action, Adams et al. v. 3M Company, et al., no. 7:21-CV-82-REW-EBA, at Pikeville. Accordingly, IT IS ORDERED that matter is REASSIGNED to Hon. Robert E. Wier. Signed by Judge David L. Bunning on 10/27/2021. (TDA)cc: COR
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Filing 10
FRCP 7.1 DISCLOSURE STATEMENT by Mine Safety Appliances Company. (Spurlock, M.)
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Filing 9
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, ALICE A. JONES. #6 Consent to Removal has been filed by Mine Safety Appliances Company, 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 (TDA)
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Filing 8
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, WHITNEY FRAZIER WATT. #5 Consent to Removal has been filed by American Optical Corporation, Cabot CSC Corporation, Cabot 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 (TDA)
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Filing 7
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. (TDA)
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Filing 6
CONSENT TO REMOVAL by Mine Safety Appliances Company. (TDA)
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Filing 5
CONSENT TO REMOVAL by Aearo LLC, Aearo Technologies, LLC, American Optical Corporation, Cabot CSC Corporation, Cabot Corporation. (TDA)
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (TDA)
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Filing 3
ANSWER to Complaint (Notice of Removal) with JURY DEMAND, by 3M Company. (TDA)
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Filing 1
NOTICE OF REMOVAL from Floyd Circuit Court, case number 21-CI-522. (Filing fee $402; receipt number AKYEDC-5108205), filed by 3M Company. (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, #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 Judgment, #14 Exhibit 14 - 3M Notice of Filing NOR, #15 Civil Cover Sheet) (TDA)
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Conflict Check run. (TDA)
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