May et al v. 3M Company et al
Plaintiff: Ricky May and Donna May
Defendant: Cabot CSC LLC, 3M Company, American Optical Corporation, Cabot Safety Corporation, Aearo Technologies, LLC, Kentucky Mine Supply Company and Mine Service Company, Inc.
Case Number: 7:2022cv00078
Filed: July 29, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: David L Bunning
Referring Judge: Candace J Smith
2 Judge: Robert E Wier
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28 U.S.C. § 1446 pl Petition for Removal - Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 7, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 7, 2022 ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #13 MOTION to Remand to State Court by Donna May, Ricky May. (TDA)
September 6, 2022 Filing 19 REPLY to Response to Motion re #13 MOTION to Remand to State Court by Donna May, Ricky May filed by Donna May, Ricky May. (Givens, Johnny)
August 25, 2022 Filing 18 RESPONSE to #13 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, #4 Exhibit 2018-06-15 Hearing Transcript Federal Court - Williams v. 3M)(Miller, Byron)
August 19, 2022 Filing 17 SUGGESTION OF BANKRUPTCY Upon the Record and Automatic Stay of Proceedings by Aearo Technologies, LLC. (Attachments: #1 Exhibit A-Voluntary Petition of Lead Debtor)(Watt, Whitney)
August 19, 2022 ***FILE SUBMITTED TO CHAMBERS of Judge Wier for review: #17 Suggestion of Bankruptcy and Automatic Stay of Proceedings by Aearo Technologies, LLC. (TDA)
August 8, 2022 Opinion or Order Filing 15 ORDER: this matter is REASSIGNED to Magistrate Judge Candace J. Smith. Signed by Magistrate Judge Edward B. Atkins on 8/8/2022. (TDA) cc: COR Modified text on 8/16/2022 (TDA).
August 8, 2022 ***FILE SUBMITTED TO CHAMBERS of Judge Smith for review: #15 Order Reassigning Case. (TDA)
August 4, 2022 Filing 14 MEMORANDUM in Support of Motion re #13 MOTION to Remand to State Court by Donna May, Ricky May filed by Donna May, Ricky May. (Givens, Johnny)
August 4, 2022 Filing 13 MOTION to Remand to State Court by Donna May, Ricky May (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 Exhibit 7 - Hoskins Opinion, #8 Exhibit 8 - Baker and Hoskins Memorandum Opinion, #9 Exhibit 9 - Parker Affidavit, #10 Proposed Order Granting Motion to Remand)(Givens, Johnny)
August 1, 2022 Filing 12 FRCP 7.1 DISCLOSURE STATEMENT by Cabot CSC LLC. (Startsman, Emily)
August 1, 2022 Opinion or Order Filing 11 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
August 1, 2022 Filing 10 NOTICE by Cabot CSC LLC of Consent to Removal (Startsman, Emily)
August 1, 2022 Opinion or Order Filing 8 REASSIGNMENT ORDER: the above-captioned case is reassigned to Judge Wier for all further proceedings as related to earlier assigned case. Signed by Judge David L. Bunning on 8/1/2022. (RCB)cc: COR
August 1, 2022 Filing 7 NOTICE by Mine Service Company, Inc. Consent to Removal (Gault, Patrick)
August 1, 2022 Filing 6 NOTICE by Kentucky Mine Supply Company Consent to Removal (Gault, Patrick)
August 1, 2022 Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Mine Service Company, Inc.. (Gault, Patrick)
August 1, 2022 Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Mine Supply Company. (Gault, Patrick)
July 29, 2022 Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by 3M Company. (RCB)
July 29, 2022 Filing 1 NOTICE OF REMOVAL from Pike Circuit Court, case number 22-CI-516, filed by 3M Company. (Filing fee $402; receipt number AKYEDC-5323943) (Attachments: #1 Exhibit 1 - State Court Record, #2 Exhibit 2 - 8710 Certification Letter, #3 Exhibit 3 - 8210 Approval Letter, #4 Exhibit 4 - Smith Coleman Complaint, #5 Exhibit 5 - NOF State Court, #6 Civil Cover Sheet)(RCB)
July 29, 2022 ANSWER to Complaint by 3M Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)
July 29, 2022 ANSWER to Complaint by Cabot CSC LLC. (State Court Pleading, see DE #1 for pdf document.) (RCB)
July 29, 2022 Conflict Check run. (RCB)
July 29, 2022 ANSWER to Complaint by Mine Service Company, Inc. (State Court Pleading, see DE #1 for pdf document.) (RCB)
July 29, 2022 ANSWER to Complaint by Kentucky Mine Supply Company. (State Court Pleading, see DE #1 for pdf document.) (RCB)

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Search for this case: May et al v. 3M Company et al
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Defendant: Cabot CSC LLC
Represented By: Carol Dan Browning
Represented By: Emily Larish Startsman
Represented By: Robert M. Connolly
Represented By: Whitney Frazier Watt
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Defendant: 3M Company
Represented By: Bryant J. Spann
Represented By: Byron N. Miller
Represented By: Michael J. Bender
Represented By: Robert H. Akers
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Defendant: American Optical Corporation
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Defendant: Cabot Safety Corporation
Represented By: Carol Dan Browning
Represented By: Emily Larish Startsman
Represented By: Robert M. Connolly
Represented By: Whitney Frazier Watt
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Defendant: Aearo Technologies, LLC
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Defendant: Kentucky Mine Supply Company
Represented By: Patrick W. Gault
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Defendant: Mine Service Company, Inc.
Represented By: Patrick W. Gault
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Plaintiff: Ricky May
Represented By: Destiny Shae Hamilton
Represented By: Johnny T. Givens
Represented By: Jonah Lee Stevens
Represented By: Michael B. Martin
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Plaintiff: Donna May
Represented By: Destiny Shae Hamilton
Represented By: Johnny T. Givens
Represented By: Jonah Lee Stevens
Represented By: Michael B. Martin
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