Hatfield et al v. 3M Company et al
| Johnny Hatfield, Wesley Justice, Bob Prater and Henry Preece |
| 3M Company, Mine Safety Appliances Company, LLC, Minnesota Mining and Manufacturing Company, Mine Safety Appliances Company, American Optical Corporation, Mine Service Company, Inc. and Kentucky Mine Supply Company |
| Hobet Mining LLC, Princess Beth, Inc., Robert Coal Company, Monterey Coal Company, Exxon Coal USA, Inc. and Norfolk Southern Railway Company |
| 7:2022cv00062 |
| July 9, 2022 |
| 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 Petition for Removal- Product Liability |
| 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 29
ORDER re #28 : the Notice of Substitution of Counsel is construed as a motion to withdraw. Counsel shall have 10 days, same being nlt September 12, to file supplement confirming Plas consent to withdrawal of Attorney Moncus as counsel of record. Signed by Magistrate Judge Candace J. Smith on 9/2/2022. (TDA) cc: COR
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Filing 28
MOTION to Withdraw James R. Moncus, III as Attorney by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece. (Vines, Brian) Modified event on 9/2/2022 per Order #29 . (TDA)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #7 MOTION for Judgment on the Pleadings by Norfolk Southern Railway Company (RCB)
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Filing 27
REPLY to Response to Motion re #7 MOTION for Judgment on the Pleadings by Norfolk Southern Railway Company filed by Norfolk Southern Railway Company. (Attachments: #1 Exhibit A - NSRC Annual Report Excerpts)(McKenna, Sarah)
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Filing 26
REPLY to Response to Motion re #8 MOTION to Remand to State Court by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece filed by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece. (Attachments: #1 Exhibit PX-A, excerpts, Anderson Notice of Removal, #2 Exhibit PX-B, docket sheet, Pac. Emprs Ins. v. Sav-a-Lot, No. 5:99-cv-00195 (E.D. Ky.))(Vines, Brian)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #8 MOTION to Remand to State Court by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece (RCB)
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Filing 25
RESPONSE in Opposition re #7 MOTION for Judgment on the Pleadings by Norfolk Southern Railway Company filed by 3M Company. (Attachments: #1 Exhibit Ex 1 Court Orders, #2 Exhibit Ex 2 Pltf Joint Response, #3 Exhibit Ex 3 Depo of Henry Preece)(Miller, Byron)
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Filing 24
RESPONSE to #8 filed by 3M Company. (Attachments: #1 Exhibit Ex 1 Def MSA Motion to Reconsider, #2 Exhibit Ex 2 Milton Marcum Depo, #3 Exhibit Ex 3 Randy Adams Depo, #4 Exhibit Ex 4 Joint Response)(Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #9 MOTION to Expedite by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Court (D.E. 8) (RCB)
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Filing 23
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. (Attachments: #1 L.R. 83.1 Attorney Admission Packet, #2 L.R. 83.2)(RCB)
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Filing 22
FRCP 7.1 DISCLOSURE STATEMENT by Norfolk Southern Railway Company identifying Corporate Parent Norfolk Southern Corporation for Norfolk Southern Railway Company.. (McKenna, Sarah)
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Filing 21
VIRTUAL ORDER: Granting #10 Motion for Scott A. Powell to Appear Pro Hac Vice as co-counsel on behalf of Plaintiffs, the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 7/25/2022. (RCB)cc: COR
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Filing 19
ORDER: As required by 28:455, undersigned will recuse from further responsibility. Therefore, in accordance with GO 18-22, IT IS ORDERED that matter is REASSIGNED to Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 7/21/2022. (TDA) cc: COR
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***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #19 Order Reassigning Case. (TDA)
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Filing 18
RESPONSE in Opposition re #9 MOTION to Expedite by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Court (D.E. 8) filed by 3M Company. (Spann, Bryant)
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Filing 17
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 15
REASSIGNMENT ORDER: the above-style cases are reassigned to Judge Wier for all further proceedings as related to the earlier assigned case. Signed by Judge David L. Bunning on 7/19/2022. (RCB)cc: COR
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Filing 14
NOTICE by Mine Service Company, Inc. Consent to Removal (Gault, Patrick)
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Filing 13
NOTICE by Kentucky Mine Supply Company Consent to Removal (Gault, Patrick)
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Filing 12
FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick)
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Filing 11
FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick)
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Clerk's Note: Per chambers, clerk shall file all pending state court motions, if the court retains jurisdiction. (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re #10 MOTION for Scott A. Powell to Appear Pro Hac Vice by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece (Filing fee $125; receipt number AKYEDC-5313442) (RCB)
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BAR STATUS Check completed as to Scott A. Powell re #10 MOTION for Scott A. Powell to Appear Pro Hac Vice by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece. (Filing fee $125; receipt number AKYEDC-5313442). (RCB)
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Filing 10
MOTION for Scott A. Powell to Appear Pro Hac Vice by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece ( Filing fee $125; receipt number AKYEDC-5313442) (Attachments: #1 Proposed Order, #2 Exhibit A - Ala. Bar Cert. of Good Standing, Scott Ashley Powell)(Vines, Brian)
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Filing 9
MOTION to Expedite by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Court (D.E. #8 ) (Attachments: #1 Proposed Order, #2 Exhibit 1 - 3M Mot in Bowen, #3 Exhibit 2 - Order setting trial dates)(Vines, Brian) Modified to create link on 7/15/2022 (RCB).
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Filing 8
MOTION to Remand to State Court by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece (Attachments: #1 Proposed Order, #2 Exhibit 1 - Order setting trial date in Tackett, #3 Exhibit 2 - 3M Resp to Ps Mot for Trial Dates, #4 Exhibit 3 - 3M Mo for 3d Pty Compl re Preece, #5 Exhibit 4 - Order re Motions, #6 Exhibit 5 - 3M 3rd Pty Complaint re Preece,, #7 Exhibit 6a - Preece Trial Exhibit disclosure, #8 Exhibit 6b - Preece Witness disclosure, #9 Exhibit 7 - 3M Ntc of Removal in Bowen, #10 Exhibit 8 - 3M Oppo to Remand in Bowen, #11 Exhibit 9 - 3M Answer to Complaint, #12 Exhibit 10 - Harris Report (1974) excerpt, #13 Exhibit 11a - KMS Answer to Complaint, #14 Exhibit 11b - MSC Answer to Complaint)(Vines, Brian)
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Filing 7
MOTION for Judgment on the Pleadings by Norfolk Southern Railway Company (Attachments: #1 Proposed Order)(McKenna, Sarah)
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***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re #9 MOTION to Expedite by Johnny Hatfield, Wesley Justice, Bob Prater, Henry Preece Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Court (D.E. 8) (RCB)
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Filing 6
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 5
NOTICE by American Optical Corporation of Consent to Removal (Startsman, Emily)
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Filing 4
NOTICE by 3M Company re #1 Notice of Removal,,,,, Supplemental Notice (Spann, Bryant)
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Conflict Check run. (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 Pike Circuit Court, case number 19-CI-503, filed by 3M Company. (Filing fee $402; receipt number AKYEDC-5307748) (Attachments: #1 Exhibit 1A - State Court Record, #2 Exhibit 1B - State Court Record, #3 Exhibit 1C - State Court Record, #4 Exhibit 1D - State Court Record, #5 Exhibit 1E - State Court Record, #6 Exhibit 1F- State Court Record, #7 Exhibit 1G - State Court Record, #8 Exhibit 1H - State Court Record, #9 Exhibit 1I - State Court Record, #10 Exhibit 1J - State Court Record, #11 Exhibit 1K - State Court Record, #12 Exhibit 1L - State Court Record, #13 Exhibit 1M - State Court Record, #14 Exhibit 1N - State Court Record, #15 Exhibit 2 - Pending Law Suits, #16 Exhibit 3 - Hearing Transcript, #17 Exhibit 4 - State Court Complaint, #18 Exhibit 5 - Depo Excerpts, #19 Exhibit 6 - Scheduling Order, #20 Exhibit 7 - Def 3M MSJ, #21 Exhibit 8 - Def KMS MSC MSJ, #22 Exhibit 9 - Def 3M Answer, #23 Exhibit 10 - Supp Resp, #24 Exhibit 11 - Def 3M NOS, #25 Exhibit 12 - Pltf Obj, #26 Exhibit 13 - Depo of Robert Mills, #27 Exhibit 14 - Pltf 3rd RFP, #28 Exhibit 15 - Def 3M Motion to Deem, #29 Exhibit 16a - Def 3M NOS, #30 Exhibit 16b - Def 3M NOS, #31 Exhibit 17a - Pltf Obj, #32 Exhibit 17b - Pltf Obj, #33 Exhibit 18 - Pltf Resp, #34 Exhibit 19 - Notice of Filing Removal, #35 Civil Cover Sheet)(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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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 3M Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by Mine Safety Appliances Company, LLC. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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THIRD PARTY COMPLAINT against Exxon Coal USA, Inc., Hobet Mining LLC, Monterey Coal Company, Norfolk Southern Railway Company, Princess Beth, Inc., Robert Coal Company, filed by 3M Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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JOINT MOTION for Summary Judgment by Kentucky Mine Supply Company, Mine Service Company, Inc. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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MOTION for Summary Judgment on All Claims of Plaintiff Henry Preece by 3M Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Third Party Complaint by Norfolk Southern Railway Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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ANSWER to Complaint by American Optical Corporation. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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