Bowen et al v. 3M Company et al
| Darrell Bowen, Jeffrey Murphy and Jessie Salmons |
| 3M Company, Mine Safety Appliances Company, LLC, Minnesota Mining and Manufacturing Company, American Optical Corporation, Mine Safety Appliances Company, Mine Service Company, Inc. and Kentucky Mine Supply Company |
| Aero Energy, Inc., Pontiki Coal LLC, Universal Coal Services, Island Fork Construction, Pilgrim Mining Company, Inc., Sidney Coal Company, Inc., Martin County Coal Corporation, Lightning Contract Services, Inc. and Rockspring Development, Inc. |
| 7:2022cv00013 |
| March 4, 2022 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Hanly A Ingram |
| Robert E Wier |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1441 Petition for Removal- Account Receivable |
| Both |
Docket Report
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This docket was last retrieved on March 28, 2023. A more recent docket listing may be available from PACER.
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Filing 32
ORDER: Third-Party Dfts Martin County Coal, LLC, Sidney Coal Company, LLC, and Rockspring Development, Inc., moved to extend deadline to file an answer to third-party complaint. #23 . Third-Party Dfts filed their answer on April 8, 2022. #27 . Accordingly, IT IS HEREBY ORDERED THAT the motion is DENIED AS MOOT. Signed by Magistrate Judge Hanly A. Ingram on 5/2/2022. (RCB)cc: COR
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Filing 31
ORDER: Plfs, through counsel, have moved to admit James R. Moncus, III, to appear pro hac vice. Court HEREBY GRANTS motion (D.E. #28 ). Signed by Magistrate Judge Hanly A. Ingram on 5/2/2022. (RCB)cc: COR
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Filing 30
ORDER: Plfs, through counsel, have moved to admit Scott A. Powell to appear pro hac vice. Court HEREBY GRANTS Dft's motion (D.E. #22 ). Signed by Magistrate Judge Hanly A. Ingram on 5/2/2022. (RCB) cc: COR
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Scott A. Powell: re #30 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Scott A. Powell (RCB)
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NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to James R. Moncus, III: re #31 Order on Motion to Appear Pro Hac Vice. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to James R. Moncus, III, (RCB)
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Filing 29
FRCP 7.1 DISCLOSURE STATEMENT by Martin County Coal Corporation, Rockspring Development, Inc., Sidney Coal Company, Inc. identifying Corporate Parent Alpha Metallurgical Resources, Inc. for Martin County Coal Corporation, Rockspring Development, Inc., Sidney Coal Company, Inc... (Hoskins, Christopher)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #28 MOTION for James R. Moncus, III to Appear Pro Hac Vice by Darrell Bowen (Filing fee $125; receipt number AKYEDC-5239938) (RCB)
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BAR STATUS Check completed as to James R. Moncus, III, re #28 MOTION for James R. Moncus, III to Appear Pro Hac Vice by Darrell Bowen (Filing fee $125; receipt number AKYEDC-5239938). (RCB)
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Filing 28
MOTION for James R. Moncus, III to Appear Pro Hac Vice by Darrell Bowen ( Filing fee $125; receipt number AKYEDC-5239938)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order Proposed Order)(Vines, Brian)
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Filing 27
ANSWER to Third Party Complaint, by Martin County Coal Corporation, Rockspring Development, Inc., Sidney Coal Company, Inc..(Hoskins, Christopher)
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Filing 26
ANSWER to Third Party Complaint, by Pontiki Coal LLC.(Kilpatrick, Melanie)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #5 MOTION to Remand to State Court by Darrell Bowen, Jessie Salmons. (TDA)
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Filing 25
REPLY to Response to Motion re #5 MOTION to Remand to State Court by Darrell Bowen, Jessie Salmons filed by Darrell Bowen, Jeffrey Murphy, Jessie Salmons. (Attachments: #1 Exhibit 1 - Overbee Verdict Form, #2 Exhibit 2 - Couch Verdict Form, #3 Exhibit 3 - Couch Trial Transcript, excerpt, #4 Exhibit 4 - Docket, Pacific Empl Ins)(Vines, Brian)
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Filing 24
RESPONSE in Opposition re #5 MOTION to Remand to State Court by Darrell Bowen, Jessie Salmons filed by 3M Company. (Attachments: #1 Exhibit Ex 1A John Anderson, #2 Exhibit Ex 1B Don Tackett, #3 Exhibit Ex 1C Roger Bogar, #4 Exhibit Ex 2 Answers to Interrogatories, #5 Exhibit Ex 3 Supplemental Ans to Interrogatories, #6 Exhibit Ex 4 D Bowen's Resp to 3M, #7 Proposed Order Proposed Order Denying Motion)(Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #23 UNOPPOSED MOTION for Extension of Time to respond to Third-Party Complaint by Martin County Coal Corporation, Rockspring Development, Inc., Sidney Coal Company, Inc. (TDA)
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Filing 23
UNOPPOSED MOTION for Extension of Time to respond to the Third-Party Complaint by Martin County Coal Corporation, Rockspring Development, Inc., Sidney Coal Company, Inc. Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Hoskins, Christopher) Modified text on 3/29/2022 (TDA).
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BAR STATUS Check completed as to Scott A. Powell re #22 MOTION for Scott A. Powell to Appear Pro Hac Vice by Darrell Bowen (Filing fee $125; receipt number AKYEDC-5227005). (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #22 MOTION for Scott A. Powell to Appear Pro Hac Vice by Darrell Bowen (Filing fee $125; receipt number AKYEDC-5227005) (RCB)
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Filing 22
MOTION for Scott A. Powell to Appear Pro Hac Vice by Darrell Bowen ( Filing fee $125; receipt number AKYEDC-5227005)Motions referred to Hanly A. Ingram. (Attachments: #1 Exhibit A - AL Bar Association Certificate of Good Standing, Scott Ashley Powell, #2 Proposed Order)(Vines, Brian)
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Filing 21
NOTICE TO ATTORNEY James R. Moncus, III by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (TDA) (Main Document 21 replaced on 3/17/2022) (TDA).
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Filing 20
ORDER re #18 : Pontiki Coal LLC's deadline to answer or otherwise respond to the Third-Party Complaint is extended to April 8, 2022. Signed by Magistrate Judge Hanly A. Ingram on 3/17/2022. (TDA) cc: COR
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #18 UNOPPOSED MOTION for Extension of Time to File Answer to Third Party Complaint by Pontiki Coal LLC. (TDA)
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Filing 19
FRCP 7.1 DISCLOSURE STATEMENT by Pontiki Coal LLC. (Kilpatrick, Melanie) Modified text on 3/17/2022 (TDA).
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Filing 18
MOTION for Extension of Time to File Answer by Pontiki Coal LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order Granting Unopposed Motion for Extension)(Kilpatrick, Melanie)
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***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #17 Notice of Filing re #14 Order, by American Optical Corporation. (TDA)
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***MOTION SUBMITTED TO CHAMBERS of Judge Ingram for review: re #6 MOTION to Expedite briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion by Darrell Bowen, Jessie Salmons. (TDA)
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Filing 17
NOTICE OF FILING by American Optical Corporation re #14 Order,, (Attachments: #1 Exhibit 1 - Darrell Bowen Agreed Order of Dismissal for AO, #2 Exhibit 2 - Jessie Salmons Agreed Order of Dismissal for AO, #3 Exhibit 3 - Jeffrey Murphy Agreed Order of Dismissal for AO)(Startsman, Emily)
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Filing 16
REPLY to Response to Motion re #6 MOTION to Expedite by Darrell Bowen, Jessie Salmons requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; filed by Darrell Bowen, Jeffrey Murphy, Jessie Salmons. (Vines, Brian)
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Filing 15
RESPONSE to Motion re #6 MOTION to Expedite by Darrell Bowen, Jessie Salmons requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; filed by 3M Company. (Attachments: #1 Exhibit Ex 1 Emails, #2 Exhibit Ex 2 Excerpts of J Parker Depo, #3 Proposed Order Proposed Order)(Miller, Byron)
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Filing 14
ORDER: IT IS HEREBY ORDERED that, on or before March 14, 2022, counsel for American Optical Corporation SHALL file a notice in record describing whether any attorney with Stites & Harbison is continuing to work on this matter. This notice SHALL include a description of whether American Optical has any continuing involvement or participation in this case and, if so, whether Stites & Harbison represents American Optical concerning that involvement or participation. Signed by Magistrate Judge Hanly A. Ingram on 3/9/2022. (RCB)cc: COR
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Filing 12
ORDER: the undersigned will recuse from further responsibility. Therefore, in accordance with GO 18-22, and with agreement of participating US Magistrate Judges, IT IS ORDERED that this matter is REASSIGNED to Magistrate Judge Hanly A. Ingram. Signed by Judge Robert E. Wier on 3/9/2022. (TDA) cc: COR
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Filing 11
NOTICE TO ATTORNEY Tempe D. Smith by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 10
NOTICE TO ATTORNEY Christopher S. Randolph, Jr. by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 9
NOTICE TO ATTORNEY Scott A. Powell by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 8
NOTICE TO ATTORNEY Jason Earley by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (Attachments: #1 LR 83.1 Attorney Admission Packet, #2 LR 83.2)(RCB)
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Filing 7
CERTIFICATE OF SERVICE by Darrell Bowen, Jeffrey Murphy, Jessie Salmons re #6 MOTION to Expedite by Darrell Bowen, Jeffrey Murphy, Jessie Salmons requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion;, #5 MOTION to Remand to State Court by Darrell Bowen, Jeffrey Murphy, Jessie Salmons . Certificate is amended to correct for accurate service and scrivener's error. (Vines, Brian)
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NOTICE OF DOCKET MODIFICATION TO Brian Vines re #5 MOTION to Remand to State Court by Darrell Bowen, Jessie Salmons; Error: attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel. cc: COR (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #6 MOTION to Expedite by Darrell Bowen, Jessie Salmons requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; (RCB)
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***FILE SUBMITTED TO CHAMBERS of Judge Ingram for review: #12 Order Reassigning Referral. (TDA)
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Filing 6
MOTION to Expedite by Darrell Bowen, Jessie Salmons requesting to expedite the briefing schedule for Plaintiffs' Motion to Remand to State Court filed contemporaneously with this motion; Motions referred to Edward B. Atkins. (Attachments: #1 Proposed Order)(Vines, Brian) Modified text on 3/9/2022 (RCB).
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Filing 5
MOTION to Remand to State Court by Darrell Bowen, Jessie Salmons (Attachments: #1 Exhibit 1 - SC Complaint, #2 Exhibit 2 - SC Response Amended Motion Third-Party Complaint, #3 Proposed Order)(Vines, Brian) Modified text on 3/9/2022 (RCB).
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Conflict Check run. (RCB)
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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. (TDA) cc: COR
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Filing 3
FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (TDA)
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Filing 1
NOTICE OF REMOVAL from Pike Circuit Court, case number 17-CI-00351. (Filing fee $402; receipt number AKYEDC-5207622), filed by 3M Company. (Attachments: #1 Civil Cover Sheet, #2 State Court Record 1a Record 1 of 3, #3 State Court Record 1b Record 2 of 3, #4 State Court Record 1c Record 3 of 3, #5 Exhibit 2 - KY Lawsuits, #6 Exhibit 3 - KY Lawsuits, #7 Exhibit 4 - 6/15/18 Hearing Transcript, #8 Exhibit 5a - 10/22/19 NOS, #9 Exhibit 5b - 12/11/19 Bowen Depo, #10 Exhibit 5c - AOD's, #11 Exhibit 5d - Motion for Trial Dates, #12 Exhibit 5e - Order Denying Motion for Trial Dates, #13 Exhibit 5f - Pltf Subm of Miners for Consolidated Trials, #14 Exhibit 5g - Order re New Pretrial Date, #15 Exhibit 5h - Scheduling Order, #16 Exhibit 5i - 3M Motion for Scheduling Order, #17 Exhibit 5j - 3M Amended Motion for Leave to File 3rd Party Complaint, #18 Exhibit 5k - Order Granting 3M Motion to File 3rd Party Complaint, #19 Exhibit 5l - 3M MSJ re Bowen, #20 Exhibit 5m - Pltf Bowen Response to MSJ, #21 Exhibit 5n - Order Denying 3M MSJ, #22 Exhibit 5o - Scheduling Order re Bowen Trial, #23 Exhibit 5p - AOD of Defs re Pltf J Murphy, #24 Exhibit 5q - 3M MSJ re Pltf Salmons, #25 Exhibit 5r - Pltf Salmons Response to 3M MSJ, #26 Exhibit 5s - Order Denying 3M MSJ re Salmons, #27 Exhibit 5t - 3M Ans to Pltf Complaint, #28 Exhibit 5u - Pltf Bowen RFPD Responses, #29 Exhibit 5v - Compilation of All Disc Served upon 3M by Bowen, #30 Exhibit 5w - Pltf Bowen Expert Disclosures, #31 Exhibit 5x - Proposed AOD of MSA re Milton Marcum, #32 Exhibit 5y - Pltf Marcum Ans to Joint Interrogatories, #33 Exhibit 5z - Pltf Marcum Expert Disclosures, #34 Exhibit 6 - MSA Resp to Show Cause Order, #35 Exhibit 7 - Baskin Corporate Disclosures, #36 Exhibit 8 - Judgment in Cox v. 3M, #37 Exhibit 9 - Thomas Muncy v. 3M Docket Sheet, #38 Exhibit 10 - Benny Chapman v 3M Docket Sheet, #39 Exhibit 11 - Hoyt v. Lane Construction Brief, #40 Exhibit 12 - Excerpts of Depo of James Johnson, #41 Exhibit 13 - 12/3/21 Hearing, #42 Exhibit 14 - Excerpts from Ricky Bowen Depo) (TDA)
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ANSWER to Complaint by Mine Safety Appliances Company, LLC. (State Court Pleading, see DE #1 for pdf document). (TDA) Modified text on 3/7/2022 (TDA).
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ANSWER to Complaint by Mine Service Company, Inc. (State Court Pleading, see DE #1 for pdf document). (TDA)
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ANSWER to Complaint by Kentucky Mine Supply Company. (State Court Pleading, see DE #1 for pdf document). (TDA)
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ANSWER to Complaint by 3M Company. (State Court Pleading, see DE #1 for pdf document). (TDA)
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