Anderson et al v. 3M Company et al
| John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett and Danny Varner |
| 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 |
| 3M Company |
| Sidney Coal Company, LLC, Road Fork Development Company, LLC, McCoy Mining Company, Inc., Reliance Coal Company, Inc., Mullin Creek Coal Company, Inc., Teresa Coal Company, Inc., Coleman Coal Company, Inc., Merit Coal Company, Inc., Dotco Energy Company, Inc., Stemco Coal Company, Inc., Stump Coal Company, Inc., Jo-Mark Coal Company, Inc., Matewan Mining Machinery, Inc., Sweet Water Coal Company, Inc., Mahon Enterprises, Inc., Rose, Kirk Enterprises, Inc., Genesis III Unlimited, Inc., Preparation Plant Maintenance, Inc., Dynasty Resources, Inc., Conakay Resources Inc., Mountaineer Coal Developement Company, Sidney Coal Company, Inc., Elk Run Coal Company, Inc., Road Fork Development Company, Inc. and Spartan Mining Company |
| 7:2022cv00068 |
| July 15, 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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***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #23 SUPPLEMENT TO NOTICE OF SUBSTITUTION by John Anderson (RCB)
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Filing 23
SUPPLEMENT TO NOTICE OF SUBSTITUTION by John Anderson re #21 Motion to Withdraw, #22 Order. Motions referred to Candace J. Smith. (Vines, Brian) Modified text, termed motion, created link on 9/13/2022 (RCB).
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Filing 22
ORDER re #21 : 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 21
MOTION to Withdraw James R. Moncus, III as Attorney by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner. (Vines, Brian) Modified event on 9/2/2022 per Order #22 . (TDA)
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Filing 20
REPLY to Response to Motion re #17 MOTION to Remand to State Court by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner filed by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner. (Attachments: #1 Exhibit PX-A: docket, Pacific Empl Ins v. Save A Lot Wnchstr, et al)(Vines, Brian)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #17 MOTION to Remand to State Court by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner. (TDA)
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Filing 19
RESPONSE in Opposition re #17 MOTION to Remand to State Court by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner filed by 3M Company. (Miller, Byron)
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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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Filing 18
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 17
MOTION to Remand to State Court by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner (Attachments: #1 Exhibit Pltf Ex 1 - 2022 trial settings, #2 Exhibit Pltf Ex 2 - 3M motion for appointment of warning order attorney, #3 Exhibit Pltf Ex 3 - Anderson disclosure of witnesses, #4 Exhibit Pltf Ex 4 - D. Bevis depo excerpts - designations, #5 Exhibit Pltf Ex 5 - Tackett designations of depo testimony, #6 Exhibit Pltf Ex 6 - Bowen 3M Notice of Removal, #7 Exhibit Pltf Ex 7 - Baker v 3M Opinion, #8 Exhibit Pltf Ex 8 - Bowen 3M Remand Response, excerpts, #9 Exhibit Pltf Ex 9 Tackett 3M Notice of Removal, excerpts, #10 Proposed Order)(Vines, Brian)
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Filing 16
VIRTUAL ORDER: Granting #7 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 15
NOTICE by Mine Service Company, Inc. Consent to Removal (Gault, Patrick)
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Filing 14
NOTICE by Kentucky Mine Supply Company Consent to Removal (Gault, Patrick)
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Filing 13
FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick)
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Filing 12
FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick)
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Filing 11
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 10
NOTICE by American Optical Corporation of Consent to Removal (Startsman, Emily)
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Filing 8
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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CLERK'S NOTE: Clerk deleted DE #10, due to being entered in the incorrect case. (TDA)
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***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #8 Order Reassigning Case. (TDA)
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BAR STATUS Check completed as to Scott A. Powell re #7 MOTION for to Appear Pro Hac Vice by plaintiffs. (Filing fee $125; receipt number AKYEDC-5315156). (TDA)
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***MOTION SUBMITTED TO CHAMBERS of Judge Atkins for review: re #7 MOTION for Scott A. Powell to Appear Pro Hac Vice by plaintiffs. (Filing fee $125; receipt number AKYEDC-5315156). (TDA)
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Filing 7
MOTION for Scott A. Powell to Appear Pro Hac Vice by John Anderson, Randy Blankenship, Billy Dillon, John Maynard, Sabert Nichols, Don Tackett, Danny Varner ( Filing fee $125; receipt number AKYEDC-5315156)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit Ala. Bar Cert. of Good Standing, Scott A. Powell, #2 Proposed Order)(Vines, Brian)
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Filing 6
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 4
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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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 16-CI-01067. (Filing fee $402; receipt number AKYEDC-5313215), filed by 3M Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Record, #3 Exhibit 2 - Pending Lawsuits, #4 Exhibit 3 - Hearing Transcripts, #5 Exhibit 4 - Plaintiff Complaint, #6 Exhibit 5 - John Anderson Depo, #7 Exhibit 6 - Agreed Scheduling Order, #8 Exhibit 7 - Def 3M MSJ, #9 Exhibit 8 - Def 3M Ans to Complaint, #10 Exhibit 9a - Pltf Tackett Supp Resp, #11 Exhibit 9b - Pltf Preece Supp Resp, #12 Exhibit 10a - Def 3M 1st RFA, #13 Exhibit 10b - Def 3M 1st RFA etc to Patrick, #14 Exhibit 11a - Pltf Objs, #15 Exhibit 11b - Pltf Objs, #16 Exhibit 12a - Pltf Objs, #17 Exhibit 12b - Pltf Objs, #18 Exhibit 13 - Email Message, #19 Exhibit 14 - Def 3M NOF Removal) (TDA)
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ANSWER to Complaint (Notice of Removal) by 3M Company. State Court Pleading; see DE #1 , Ex 1 pgs 83-92 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 pgs 76-82 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 pgs 71-75 for pdf. (TDA)
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ANSWER to Complaint (Notice of Removal) by Mine Service Company, Inc. State Court Pleading; see DE #1 , Ex 1 pgs 66-70 for pdf. (TDA)
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AMENDED COMPLAINT against All Defendants, filed by Plaintiffs. State Court Pleading; see DE #1 , Ex 1 pgs 137-153 for pdf. (TDA)
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ANSWER to Amended Complaint, by American Optical Corporation. State Court Pleading; see DE #1 , Ex 1 pgs 165-176 for pdf. (TDA)
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THIRD PARTY COMPLAINT against Coleman Coal Company, Inc., Conakay Resources Inc., Dotco Energy Company, Inc., Dynasty Resources, Inc., Elk Run Coal Company, Inc., Genesis III Unlimited, Inc., Jo-Mark Coal Company, Inc., Kirk Enterprises, Inc., Mahon Enterprises, Inc., Matewan Mining Machinery, Inc., McCoy Mining Company, Inc., Merit Coal Company, Inc., Mountaineer Coal Developement Company, Mullin Creek Coal Company, Inc., Preparation Plant Maintenance, Inc., Reliance Coal Company, Inc., Road Fork Development Company, LLC, Rose, Sidney Coal Company, LLC, Spartan Mining Company, Stemco Coal Company, Inc., Stump Coal Company, Inc., Sweet Water Coal Company, Inc., Teresa Coal Company, Inc., filed by 3M Company. State Court Pleading; see DE #1 , Ex 1 pgs 1818-1830 for pdf. (TDA)
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ANSWER to Amended Complaint, by 3M Company. State Court Pleading; see DE #1 , Ex 1 pgs 154-164 for pdf. (TDA)
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ANSWER to Amended Complaint, by Kentucky Mine Supply Company. State Court Pleading; see DE #1 , Ex 1 pgs 108-112 for pdf. (TDA)
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ANSWER to Amended Complaint, by Mine Service Company, Inc. State Court Pleading; see DE #1 , Ex 1 pgs 103-107 for pdf. (TDA)
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ANSWER to Amended Complaint, by Mine Safety Appliances Company, LLC. State Court Pleading; see DE #1 , Ex 1 pgs 96-102 for pdf. (TDA)
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