Daniels et al v. 3M Company et al
| Earl Daniels, Henry Wright, John Adams and James Patrick |
| 3M Company, Mine Safety Appliances Company, LLC, Mine Safety Appliances Company, American Optical Corporation, Mine Service Company, Inc. and Kentucky Mine Supply Company |
| Mountaineer Coal Development Company, Gates & Fox Company, Inc., Maximum Building Corporation and Marrowbone Development Company |
| Minnesota Mining and Manufacturing Company |
| 7:2022cv00069 |
| July 15, 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
RSS Track this Docket
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: #21 SUPPLEMENT TO NOTICE OF SUBSTITUTION by Earl Daniels (RCB)
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Filing 21
SUPPLEMENT TO NOTICE OF SUBSTITUTION by Earl Daniels re #19 Motion to Withdraw, #20 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 20
ORDER re #19 : 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 19
MOTION to Withdraw James R. Moncus, III as Attorney by John Adams, Earl Daniels, James Patrick, Henry Wright. (Vines, Brian) Modified event on 9/2/2022 per Order #20 . (TDA)
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***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #15 MOTION to Remand to State Court by John Adams, Earl Daniels, James Patrick, Henry Wright (RCB)
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Filing 18
REPLY to Response to Motion re #15 MOTION to Remand to State Court by John Adams, Earl Daniels, James Patrick, Henry Wright filed by John Adams, Earl Daniels, James Patrick, Henry Wright. (Attachments: #1 Exhibit PX-A: docket, Pacific Empl Ins v. Save A Lot Wnchstr, et al)(Vines, Brian)
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Filing 17
RESPONSE in Opposition re #15 MOTION to Remand to State Court by John Adams, Earl Daniels, James Patrick, Henry Wright filed by 3M Company. (Miller, Byron)
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Filing 16
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 15
MOTION to Remand to State Court by John Adams, Earl Daniels, James Patrick, Henry Wright (Attachments: #1 Exhibit - Pltf Ex 1 - 2022 trial settings, #2 Exhibit - Pltf Ex 2 - D. Bevis depo excerpts, #3 Exhibit - Pltf Ex 3 - Tackett depo designations, #4 Exhibit - Pltf Ex 4 - 3M Email re Patrick Fact Witness depositions, #5 Exhibit - Pltf Ex 5 - Bowen 3M Notice of Removal, excerpts, #6 Exhibit - Pltf Ex 6 - Baker opinion, #7 Exhibit - Pltf Ex 7 - Bowen 3M Remand Response, excerpts, #8 Exhibit - Pltf Ex 8 - Tackett 3M Notice of Removal, excerpts, #9 Proposed Order)(Vines, Brian)
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Filing 14
VIRTUAL ORDER: Granting #5 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 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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Filing 9
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 8
NOTICE by American Optical Corporation of Consent to Removal (Startsman, Emily)
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Filing 6
ORDER: the undersigned will recuse from further responsibility in this action. IT IS ORDERED that this matter is REASSIGNED to Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 7/19/2022. (RCB) cc: COR
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BAR STATUS Check completed as to Scott A. Powell re #5 MOTION for Scott A. Powell to Appear Pro Hac Vice by John Adams, Earl Daniels, James Patrick, Henry Wright. (Filing fee $125; receipt number AKYEDC-5314063). (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Smith for review: re #5 MOTION for Scott A. Powell to Appear Pro Hac Vice by John Adams, Earl Daniels, James Patrick, Henry Wright. (Filing fee $125; receipt number AKYEDC-5314063) (RCB)
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Filing 5
MOTION for Scott A. Powell to Appear Pro Hac Vice by John Adams, Earl Daniels, James Patrick, Henry Wright ( Filing fee $125; receipt number AKYEDC-5314063)Motions referred to Edward B. Atkins. (Attachments: #1 Exhibit A - Ala. Bar Cert. of Good Standing, Scott A. Powell, #2 Proposed Order)(Vines, Brian)
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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. (RCB)cc: COR
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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-1371, filed by 3M Company. (Filing fee $402; receipt number AKYEDC-5313448) (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - KY Lawsuits pending as of 1-1-2018, #3 Exhibit 3 - 2018-06-15 Hearing Transcript Federal Court - Williams v. 3M, #4 Exhibit 4 - Daniels-Patrick Complaint, #5 Exhibit 5 - Excerpts Depo Transcript, #6 Exhibit 6 - Agreed Scheduling Order, #7 Exhibit 7 - 3M's Answer to Plfs' Complaint, #8 Exhibit 8 - - Verif Supp Resp to Joint ROGs (Fratzke), #9 Exhibit 9 - 3M's 1st RFA and 2nd Rogs and RFPD to Plf James Patrick, #10 Exhibit 10 - RFA Responses, #11 Exhibit 11 - Henry Preece's Obj to 3M 1st RFA and 2nd ROG & RFPD, #12 Exhibit 12 - MSA email re settlement re John Anderson & Earl Daniels, #13 Exhibit 13 - Notice of Filing NOR, #14 Civil Cover Sheet) (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 Mine Service Company, Inc. (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 Gates & Fox Company, Inc., Maximum Building Corporation, Mountaineer Coal Development Company, filed by 3M 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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ANSWER to Complaint by 3M Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)
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