Smith v. Mine Safety Appliances Company, LLC et al
| William Chad Smith |
| 3M Company, Mine Safety Appliances Company, LLC, Minnesota Mining and Manufacturing Company, American Optical Corporation, Cabot CSC Corporation, Aearo Technologies, LLC, Moldex-Metric, Inc., Kentucky Mine Supply Company and Mine Service Company, Inc. |
| 7:2022cv00035 |
| April 28, 2022 |
| 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 Petition for Removal- Product Liability |
| Both |
Docket Report
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This docket was last retrieved on June 26, 2022. A more recent docket listing may be available from PACER.
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| Filing 34 REPLY to #26 3M's and Moldex-Metric, Inc.'s Responses Opposing Motion to Remand filed by William Chad Smith. (Attachments: #1 Exhibit 1 - 1910.134 App B-1, #2 Exhibit 2 - User Seal Check Article)(Givens, Johnny) |
| Filing 33 ANSWER to Complaint with Jury Demand by Cabot CSC Corporation.(Startsman, Emily) |
| NOTICE OF DOCKET MODIFICATION TO ROBERT AKERS re #31 Response in Opposition to Motion; 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 (TDA) |
| Filing 32 RESPONSE in Opposition re #26 MOTION to Remand to State Court by William Chad Smith filed by Moldex-Metric, Inc.. (Sheffer, John) |
| Filing 31 RESPONSE in Opposition re #26 MOTION to Remand to State Court by William Chad Smith filed by 3M Company. (Attachments: #1 Exhibit 1 - Compilation Correspondence re 8210 #2 Exhibit 2 - Walton Law Firm Webpage, #3 Exhibit 3 - Smith, et al. v. 3M Co., et al., No. 22-CI-464) (Akers, Robert) Modified text re exhibit description on 6/15/2022 (TDA). |
Filing 30
VIRTUAL ORDER: granting #24 Motion to Appear Pro Hac Vice for Fred Krutz on behalf of Defendant Moldex-Metric, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/3/2022. (TDA) cc: COR
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Filing 29
VIRTUAL ORDER: granting #23 Motion to Appear Pro Hac Vice for Brian B. Hannula on behalf of Defendant Moldex-Metric, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/3/2022. (TDA) cc: COR
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Filing 28
VIRTUAL ORDER: granting #22 Motion to Appear Pro Hac Vice for Andrew J. Stubbs on behalf of Defendant Moldex-Metric, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 6/3/2022. (TDA)cc: COR
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| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Andrew J. Stubbs: re 28 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 Andrew J. Stubbs (TDA) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Brian B. Hannula: re 29 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 Brian B. Hannula (TDA) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Fred Krutz: 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 Fred Krutz (TDA) |
| Filing 27 MEMORANDUM in Support of Motion re #26 MOTION to Remand to State Court by William Chad Smith filed by William Chad Smith. (Givens, Johnny) |
| Filing 26 MOTION to Remand to State Court by William Chad Smith (Attachments: #1 Exhibit 1 - Complaint, #2 Exhibit 2 - Mealer Order, #3 Proposed Order Granting Motion to Remand)(Givens, Johnny) |
| Filing 25 REQUEST FOR FEE REFUND TO CREDIT CARD by Moldex-Metric, Inc. . (Sheffer, John) |
| NOTICE OF FEE REFUND APPROVED re #25 Request for Fee Refund; the fee transaction involving Receipt No. AKYEDC-5269418 having been erroneously paid, the Clerk APPROVES the refund by processing a credit through the electronic credit card system. The credit refund transaction in the amount of $ 125.00 was successfully completed on May 19, 2022 at 03:37:12 PM. cc: COR (RCB) |
| Filing 24 VERIFIED MOTION for Fred Krutz to Appear Pro Hac Vice by Moldex-Metric, Inc. ( Filing fee $125; receipt number AKYEDC-5269474)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Proposed Order Proposed Order, #4 Attachment Notice of Filing, #5 Exhibit Exhibit 1)(Sheffer, John) |
| Filing 23 VERIFIED MOTION for Brian B. Hannula to Appear Pro Hac Vice by Moldex-Metric, Inc. ( Filing fee $125; receipt number AKYEDC-5269460)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Proposed Order Proposed Order, #11 Attachment Notice of Filing, #12 Index of Restricted Exhibits Exhibit 1)(Sheffer, John) |
| Filing 22 VERIFIED MOTION for Andrew J Stubbs to Appear Pro Hac Vice by Moldex-Metric, Inc. ( Filing fee $125; receipt number AKYEDC-5269435)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Proposed Order Proposed Order, #8 Attachment Notice of Filing Proposed Order, #9 Exhibit Exhibit 1)(Sheffer, John) |
| BAR STATUS Check completed as to Andrew Stubbs re #22 VERIFIED MOTION for Andrew J Stubbs to Appear Pro Hac Vice by Moldex-Metric, Inc. (Filing fee $125; receipt number AKYEDC-5269435). (TDA) |
| BAR STATUS Check completed as to Brian B. Hannula re #23 VERIFIED MOTION for Brian B. Hannula to Appear Pro Hac Vice by Moldex-Metric, Inc. (Filing fee $125; receipt number AKYEDC-5269460). (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #22 VERIFIED MOTION for Andrew J Stubbs to Appear Pro Hac Vice by Moldex-Metric, Inc. ( Filing fee $125; receipt number AKYEDC-5269435). (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #24 VERIFIED MOTION for Fred Krutz to Appear Pro Hac Vice by Moldex-Metric, Inc. ( Filing fee $125; receipt number AKYEDC-5269474). (TDA) |
| BAR STATUS Check completed as to Fred Krutz re #24 VERIFIED MOTION for Fred Krutz to Appear Pro Hac Vice by Moldex-Metric, Inc. (Filing fee $125; receipt number AKYEDC-5269474). (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #23 VERIFIED MOTION for Brian B. Hannula to Appear Pro Hac Vice by Moldex-Metric, Inc. ( Filing fee $125; receipt number AKYEDC-5269460). (TDA) |
| Filing 21 NOTICE TO ATTORNEY Andrew Stubbs by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (TDA) |
| Filing 20 NOTICE TO ATTORNEY Brian B. Hannula by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (TDA) |
| Filing 19 NOTICE TO ATTORNEY Fred Krutz by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2. (TDA) |
| Filing 18 FRCP 7.1 DISCLOSURE STATEMENT by Moldex-Metric, Inc.. (Sheffer, John) |
| Filing 17 NOTICE OF FILING by Moldex-Metric, Inc. Consent to Removal (Sheffer, John) |
| Filing 16 NOTICE by Mine Service Company, Inc. Consent to Removal (Gault, Patrick) |
| Filing 15 NOTICE by Kentucky Mine Supply Company Consent to Removal (Gault, Patrick) |
| Filing 14 FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick) |
| Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick) |
| Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by Mine Safety Appliances Company, LLC. (Spurlock, M.) |
| Filing 11 NOTICE by Mine Safety Appliances Company, LLC Consent to Removal (Spurlock, M.) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Aearo Technologies, LLC identifying Corporate Parent Aearo LLC, Corporate Parent Aearo Intermediate LLC, Corporate Parent Aearo Holding, LLC, Corporate Parent 3M Occupational Safety LLC, Corporate Parent 3M Company for Aearo Technologies, LLC.. (Startsman, Emily) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Cabot CSC Corporation. (Startsman, Emily) |
| Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by American Optical Corporation identifying Corporate Parent Coast Holdings Inc. for American Optical Corporation.. (Startsman, Emily) |
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Filing 6
ORDER: this matter is REASSIGNED to Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 4/29/2022. (RCB) cc: COR
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| Filing 5 NOTICE by Aearo Technologies, LLC, American Optical Corporation, Cabot CSC Corporation of Consent to Removal (Startsman, Emily) |
| Attorney Update. Attorneys Emily Larish Startsman, Robert M. Connolly & Carol Dan Browning for Aearo Technologies, LLC & Cabot CSC Corporation, per DE #5. (TDA) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #6 Order of Recusal (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) |
| Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 22-CI-00241. (Filing fee $402; receipt number AKYEDC-5253102), filed by 3M Company. (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - Letter from DHHS 8/16/95, #3 Exhibit 3 - Leslie Cir. Ct. Complaint, #4 Exhibit 4 - NOF Removal, #5 Civil Cover Sheet) (TDA) |
| ANSWER to Complaint (Notice of Removal) by 3M Company. State Court Pleading; see DE #1 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Moldex-Metric, Inc. State Court Pleading; see DE #1 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by American Optical Corporation. State Court Pleading; see DE #1 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Kentucky Mine Supply Company. State Court Pleading; see DE #1 for pdf. (TDA) |
| Conflict Check run. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Mine Service Company, Inc. State Court Pleading; see DE #1 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Mine Safety Appliances Company, LLC. State Court Pleading; see DE #1 for pdf. (TDA) |
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