Tackett et al v. 3M Company et al
| Tommy Tackett, Randall Adkins, Roy Justice, Degarmo Hackworth, David Anderson, Russell Cure and Howard Robinette |
| 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 |
| 3M Company |
| May Coal Company No. 6, Sidney Coal Company, LLC, Lee Steel Corporation, Ballard Thacker Coal Company, Inc., Clevinger Brothers Coal Company, Highland Coal & Prospect Coal Company, May Coal Company Inc., Thacker Trucking Company, Scotts Branch Company, Conakay Resources Inc., Preparation Plant Maintenance, Inc., Universal Coal Services, Inc. and Sidney Coal Company, Inc. |
| 7:2022cv00063 |
| 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 25
ORDER re #24 : 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 24
MOTION to Withdraw James R. Moncus, III as Attorney by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett. (Vines, Brian) Modified event on 9/2/2022 per Order #25 . (TDA)
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Filing 23
REPLY to Response to Motion re #7 MOTION to Remand to State Court by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett filed by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett. (Attachments: #1 Exhibit PX-A, excerpts, Anderson Notice of Removal, #2 Exhibit PX-B, excerpts, Bowen Remand Reply, #3 Exhibit PX-C, 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 #7 MOTION to Remand to State Court by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett. (TDA)
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Filing 22
RESPONSE to #7 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)(Miller, Byron)
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***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #8 MOTION to Expedite Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett. (TDA)
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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. (Attachments: #1 L.R. 83.1 Attorney Admission Packet, #2 L.R. 83.2)(RCB)
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Filing 20
VIRTUAL ORDER: Granting #9 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 18
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: #18 Order Reassigning Case. (TDA)
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Filing 17
RESPONSE in Opposition re #8 MOTION to Expedite by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Cou filed by 3M Company. (Spann, Bryant)
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Filing 16
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 14
REASSIGNMENT ORDER: 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. (TDA) cc: COR
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Filing 13
NOTICE by Mine Service Company, Inc. Consent to Removal (Gault, Patrick)
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Filing 12
NOTICE by Kentucky Mine Supply Company Consent to Removal (Gault, Patrick)
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Filing 11
FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick)
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Filing 10
FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick)
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***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re #8 MOTION to Expedite by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Cou (RCB)
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CLERK'S NOTE: Per chambers, clerk shall file all pending state court motions, if the court retains jurisdiction. (TDA)
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***MOTION SUBMITTED TO CHAMBERS of Judge Bunning for review: re #9 MOTION for Scott A. Powell to Appear Pro Hac Vice by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett (Filing fee $125; receipt number AKYEDC-5313441) (RCB)
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BAR STATUS Check completed as to Scott A. Powell re #9 MOTION for Scott A. Powell to Appear Pro Hac Vice by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett. (Filing fee $125; receipt number AKYEDC-5313441). (RCB)
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Filing 9
MOTION for Scott A. Powell to Appear Pro Hac Vice by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett ( Filing fee $125; receipt number AKYEDC-5313441) (Attachments: #1 Proposed Order, #2 Exhibit A - Ala. Bar Cert. of Good Standing, Scott Ashley Powell)(Vines, Brian)
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Filing 8
MOTION to Expedite by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett Opposed Motion of Plaintiffs to expedite briefing schedule for the concurrently-filed Motion to Remand to State Court (D.E. 7) (Attachments: #1 Proposed Order, #2 Exhibit 1 - 3M Mot in Bowen, #3 Exhibit 2 - Order setting trial dates)(Vines, Brian)
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Filing 7
MOTION to Remand to State Court by Randall Adkins, David Anderson, Russell Cure, Degarmo Hackworth, Roy Justice, Howard Robinette, Tommy Tackett (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 Tackett, #5 Exhibit 4 - Order re Motions, #6 Exhibit 5 - 3M 3rd Pty Complaint, #7 Exhibit 6a - Tackett Trial Exhibit Disclosure, #8 Exhibit 6b - Tackett Witness List 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 Tackett Complaint, #12 Exhibit 10 - Harris Report (1974), excerpt, #13 Exhibit 11a - KMS Answer to Tackett Complaint, #14 Exhibit 11b - MSC Answer to Tackett Complaint)(Vines, Brian)
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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. (TDA)
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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 21-CI-00731. ( Filing fee $402; receipt number AKYEDC-5307753), filed by 3M Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - SC Documents Part 1, #3 Exhibit 2 - SC Documents Part 2, #4 Exhibit 2 - KY Lawsuits Pending, #5 Exhibit 3 - 6/15/18 Hearing Transcript Williams v. 3M, #6 Exhibit 4 - Complaint Tackett, #7 Exhibit 5 - Excerpts Depo of Tommy Tackett, #8 Exhibit 6 - 4/28/22 Entered Scheduling Order, #9 Exhibit 7 - 6/24/22 3M's MSJ on Claims of Plf Tommy Tackett, #10 Exhibit 8 - 6/24/22 MSC's & KMS' Joint MSJ, #11 Exhibit 9 - Dicovery to Randall Adkins, #12 Exhibit 10 - Discovery to Roy Justice, #13 Exhibit 11 - Discovery to Degarmo Hackworth, #14 Exhibit 12 - Discovery to David Anderson, #15 Exhibit 13 - Discovery to Russell Cure, #16 Exhibit 14 - Discovery to Howard Robinette, #17 Exhibit 15 - 3M's Answer to Complaint, #18 Exhibit 16 - Verif Supp Resp to Joint ROGs (Fratzke), #19 Exhibit 17 - 3M's 1st RFA & 2nd ROGS and RFPD to Pla Tommy Tackett, #20 Exhibit 18 - Tackett's Obj to 3M 1st RFA & 2nd ROG & RFPD, #21 Exhibit 19 - 5/24/22 3M's Mtn to Deem Admitted 3M's 1st RFA or M, #22 Exhibit 20 - 3M's 1st RFA & 2nd ROGS & RFPD to Plf Patrick & Anderson, #23 Exhibit 21 - Patrick & Anderson's Resps Obj to 3M 1st RFA, #24 Exhibit 22 - Tackett's Resp to 3M's Mtn for Leave to File 3rd Pty Complt, #25 Exhibit 23 - SC Ntc Filing NOR)(TDA)
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ANSWER to Complaint (Notice of Removal) by Mine Service Company, Inc. State Court Pleading - see DE #1 Ex 1 P1 pgs 63-67 for pdf. (TDA)
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ANSWER to Complaint (Notice of Removal) by Kentucky Mine Supply Company. State Court Pleading - see DE #1 Ex 1 P1 pgs 58-62 for pdf. (TDA)
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ANSWER to Complaint (Notice of Removal) by 3M Company. State Court Pleading - see DE #1 Ex 1 P1 pgs 71-81 for pdf. (TDA)
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THIRD PARTY COMPLAINT against Lee Steel Corporation, Ballard Thacker Coal Company, Inc., Clevinger Brothers Coal Company, Highland Coal & Prospect Coal Company, May Coal Company No. 6, Thacker Trucking Company, Scotts Branch Company, Conakay Resources Inc., Preparation Plant Maintenance, Inc., Universal Coal Services, Inc., Sidney Coal Company, LLC, filed by 3M Company. State Court Pleading - see DE #1 Ex 1 P1 pgs 376-832 for pdf.(TDA)
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ANSWER to Complaint (Notice of Removal) by Mine Safety Appliances Company, LLC. State Court Pleading - see DE #1 Ex 1 P1 pgs 99-105 for pdf. (TDA)
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ANSWER to Complaint (Notice of Removal) by American Optical Corporation. State Court Pleading - see DE #1 Ex 1 P1 pgs 85-94 for pdf. (TDA)
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