Cook et al v. Mine Safety Appliances Company et al
| Mark Cook and Debra Lynn Cook |
| 3M Company, Mine Safety Appliances Company, Minnesota Mining and Manufacturing Company, American Optical Corporation, Cabot CSC Corporation, Cabot Corporation, Aearo Technologies, LLC, Aearo LLC, Kentucky Mine Supply Company and Mine Service Company, Inc. |
| 7:2022cv00065 |
| July 11, 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 September 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #18 MOTION to Remand to State Court by Debra Lynn Cook, Mark Cook. (TDA) |
| Filing 21 REPLY to Response to Motion re #18 MOTION to Remand to State Court by Debra Lynn Cook, Mark Cook filed by Debra Lynn Cook, Mark Cook. (Givens, Johnny) |
| Filing 20 RESPONSE to #18 filed by 3M Company. (Attachments: #1 Exhibit Additional 8710 Certification Letters, #2 Exhibit Aug. 5, 2011 OSHA Standard Interpretation Letter, #3 Exhibit Martin Website Bio)(Miller, Byron) |
| Filing 19 MEMORANDUM in Support of Motion re #18 MOTION to Remand to State Court by Debra Lynn Cook, Mark Cook filed by Debra Lynn Cook, Mark Cook. (Givens, Johnny) |
| Filing 18 MOTION to Remand to State Court by Debra Lynn Cook, Mark Cook (Attachments: #1 Exhibit 1 - OSHA Letter, #2 Exhibit 2 - 3M Packaging, #3 Exhibit 3 - User Seal Check Article, #4 Exhibit 4 - 1910.134 App B-1, #5 Exhibit 5 - Complaint, #6 Exhibit 6 - Mealer Order, #7 Proposed Order Granting Motion to Remand)(Givens, Johnny) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #17 Suggestion of Bankruptcy (RCB) |
| Filing 17 SUGGESTION OF BANKRUPTCY Upon the Record as to Aearo Technologies LLC and Certain of its Affiliates and Notice of Automatic Stay of Proceedings by Aearo LLC, Aearo Technologies, LLC, American Optical Corporation, Cabot CSC Corporation, Cabot Corporation. (Attachments: #1 Exhibit A-Voluntary Petition of Lead Debtor)(Watt, Whitney) |
| 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 11
ORDER: As required by USC 28:455, undersigned will recuse. IT IS ORDERED that matter is REASSIGNED to Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 7/18/2022. (TDA) cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #11 Order of Reassignment. (TDA) |
| Filing 10 FRCP 7.1 DISCLOSURE STATEMENT by Mine Safety Appliances Company. (Spurlock, M.) |
| Filing 9 NOTICE by Mine Safety Appliances Company Consent to Removal (Spurlock, M.) |
| Filing 8 FRCP 7.1 DISCLOSURE STATEMENT by Cabot CSC Corporation. (Startsman, Emily) |
| Filing 7 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 6 FRCP 7.1 DISCLOSURE STATEMENT by American Optical Corporation identifying Corporate Parent Coast Holdings Inc. for American Optical Corporation.. (Startsman, Emily) |
| Filing 5 NOTICE by Aearo Technologies, LLC, American Optical Corporation, Cabot CSC Corporation of Consent to Removal (Startsman, Emily) |
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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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| Conflict Check run. (TDA) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (TDA) |
| Filing 1 NOTICE OF REMOVAL from Letcher Circuit Court, case number 22-CI-00136. (Filing fee $402; receipt number AKYEDC-5308560), filed by 3M Company. (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - 8210 Approval Letter, #3 Exhibit 3 - 8710 Approval Letter, #4 Exhibit 4 - Coleman Smith Complaint, #5 Exhibit 5 - NOF Removal, #6 Civil Cover Sheet)(TDA) |
| ANSWER to Complaint (Notice of Removal) by Aearo Technologies, LLC. State Court Pleading, see DE #1 pgs 58-71 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Cabot CSC Corporation. State Court Pleading, see DE #1 pgs 44-57 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by 3M Company. State Court Pleading, see DE #1 pgs 72-81 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Kentucky Mine Supply Company. State Court Pleading, see DE #1 pgs 94-98 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Mine Service Company, Inc. State Court Pleading, see DE #1 pgs 99-103 for pdf. (TDA) |
| ANSWER to Complaint (Notice of Removal) by Mine Safety Appliances Company. State Court Pleading, see DE #1 pgs 85-93 for pdf. (TDA) |
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