Dearien et al v. Union Carbide Corporation et al
Plaintiff: Christina L. Dearien and Thomas G. Dearien
Defendant: Union Carbide Corporation, The Dow Chemical Company, NEXEO Solutions, Allnex, USA, Inc., Spectrum Chemical Manufacturing Corp., Univar, Inc. and New River Trucking, LLC
Case Number: 2:2020cv00285
Filed: April 23, 2020
Court: US District Court for the Southern District of West Virginia
Presiding Judge: John T Copenhaver
Nature of Suit: Personal Inj. Prod. Liability
Cause of Action: 28:1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on June 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 15, 2020 Filing 30 REPLY by New River Trucking, LLC to #18 Response In Opposition. (Hall, Sharon)
June 15, 2020 Filing 29 MEMORANDUM IN REPLY by Christina L. Dearien, Thomas G. Dearien to #19 Response In Opposition. (Hartley, Robert)
June 11, 2020 Opinion or Order Filing 28 ORDER: directing that the scheduling conference be, and it hereby is, cancelled and that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 7/20/2020. Discovery requests to be completed by 10/23/2020. Expert Witness List by parties bearing the burden of proof due by 12/28/2020, by party not bearing burden of proof due by 1/27/2021, and to solely contradict or rebut evidence due by 2/12/2021. Discovery to close (fact and lay witnesses) by 12/7/2020. Discovery to close (experts) by 2/26/2021. Dispositive Motions except those filed under Rule 12(b) due by 3/18/2021, Responses due by 4/1/2021, Replies due by 4/8/2021. Settlement Meeting to be held by 5/19/2021. Motions in Limine to be filed by 5/26/2021, with responses due by 6/2/2021. Plaintiffs portion of proposed Pretrial Order to defendants due by 5/24/2021, Proposed Integrated Pretrial Order due by 6/1/2021. Pretrial Conference set for 6/11/2021, at 10:00 AM. Proposed Jury Charges due by 6/30/2021. Final Settlement Conference at 10:00 AM on 7/6/2021. Trial set for 7/7/2021, at 9:30 AM. Signed by Senior District Judge John T. Copenhaver, Jr. on 6/11/2020. (cc: counsel of record; any unrepresented parties) (msa)
June 10, 2020 Filing 27 RULE 26(f) REPORT OF PLANNING MEETING by Union Carbide Corporation, Christina L. Dearien, Thomas G. Dearien, The Dow Chemical Company, New River Trucking, LLC, Univar, Inc., Spectrum Chemical Manufacturing Corp. (Bello, Patricia) (Modified on 6/11/2020 to add party filers) (kew).
June 9, 2020 Filing 26 JOINDER by Univar, Inc. in #19 Response In Opposition. (Bonasso, Michael) (Modified on 6/10/2020 to convert event to notice(other)) (kew).
June 9, 2020 Filing 25 JOINDER by Spectrum Chemical Manufacturing Corp. in #19 Response In Opposition. (Lockhart, Robert) (Modified on 6/10/2020 to convert event to notice(other)) (kew).
June 9, 2020 Filing 24 JOINDER by Univar, Inc. in #20 MOTION by Dow Chemical Company, Union Carbide Corporation to Strike Plaintiff's Affidavits. (Bonasso, Michael) (Modified on 6/10/2020 to convert event to notice(other)) (kew).
June 9, 2020 Filing 23 JOINDER by Spectrum Chemical Manufacturing Corp. in #20 MOTION by Dow Chemical Company, Union Carbide Corporation to Strike Plaintiff's Affidavits. (Lockhart, Robert) (Modified on 6/10/2020 to convert event to notice(other)) (kew).
June 9, 2020 Filing 22 NOTICE OF ATTORNEY APPEARANCE by Jason A. Proctor on behalf of Univar, Inc. (Proctor, Jason)
June 9, 2020 Filing 21 MEMORANDUM by Dow Chemical Company, Union Carbide Corporation in support of #20 MOTION by Dow Chemical Company, Union Carbide Corporation to Strike Plaintiff's Affidavits. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bello, Patricia)
June 9, 2020 Filing 20 MOTION by Dow Chemical Company, Union Carbide Corporation to Strike Plaintiff's Affidavits. (Bello, Patricia)
June 9, 2020 Filing 19 RESPONSE by Dow Chemical Company, Union Carbide Corporation in opposition to #9 MOTION by Christina L. Dearien, Thomas G. Dearien to Remand Case to Circuit Court of Kanawha County. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Bello, Patricia) (Modified on 6/10/2020 to remove link to #10 memorandum) (kew).
June 8, 2020 Filing 18 RESPONSE by Christina L. Dearien, Thomas G. Dearien in opposition to #13 MOTION by New River Trucking, LLC to Dismiss Complaint. (Hartley, Robert) (Modified on 6/9/2020 to remove link to #14 memorandum) (kew).
May 29, 2020 Opinion or Order Filing 17 ORDER granting #16 MOTION for Extension of Time to File Response to #9 MOTION by Christina L. Dearien, Thomas G. Dearien to Remand Case to Circuit Court of Kanawha County. Responses are due by 6/9/2020. Signed by Senior District Judge John T. Copenhaver, Jr. on 5/29/2020. (cc: counsel of record) (lca)
May 28, 2020 Filing 16 MOTION by Dow Chemical Company, Union Carbide Corporation to Extend Time to File Response to June 9, 2020 (Attachments: #1 E-Mail Chain, #2 Proposed Order Granting Motion to Extend)(Boone, Floyd)
May 28, 2020 Filing 15 NOTICE OF ATTORNEY APPEARANCE by Matthew G. Breneman on behalf of New River Trucking, LLC. (Hall, Sharon)
May 26, 2020 Filing 14 MEMORANDUM OF LAW by New River Trucking, LLC in support of #13 MOTION by New River Trucking, LLC to Dismiss Complaint (Hall, Sharon)
May 26, 2020 Filing 13 MOTION by New River Trucking, LLC to Dismiss Complaint Attached to #1 Notice of Removal. (Hall, Sharon) (Modified on 5/31/2020 to add link to #1 notice of removal) (ts).
May 22, 2020 Filing 12 STATEMENT OF VISITING ATTORNEY from David Lodge on behalf of Univar, Inc. Local counsel: Michael Bonasso. Receipt #: AWVSDC-7624002. (ts)
May 22, 2020 Filing 11 STATEMENT OF VISITING ATTORNEY from Steven M. Lucks on behalf of NEXEO Solutions, Univar, Inc. Local counsel: Michael Bonasso. Fee $50.00. Receipt # AWVSDC-7624016. (Bonasso, Michael)
May 18, 2020 Filing 10 MEMORANDUM by Christina L. Dearien, Thomas G. Dearien in support of #9 MOTION by Christina L. Dearien, Thomas G. Dearien to Remand Case to Circuit Court of Kanawha County. (Hartley, Robert)
May 18, 2020 Filing 9 MOTION by Christina L. Dearien, Thomas G. Dearien to Remand Case to Circuit Court of Kanawha County (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit A-2, #4 Exhibit B, #5 Exhibit C)(Hartley, Robert)
May 11, 2020 Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Allnex, USA, Inc. (Williams, Marc)
May 7, 2020 Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Univar, Inc. (Capps, Meghan)
May 6, 2020 Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Spectrum Chemical Manufacturing Corp. (Lockhart, Robert)
May 5, 2020 Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Dow Chemical Company (Boone, Floyd)
May 5, 2020 Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Union Carbide Corporation (Bello, Patricia)
May 4, 2020 Opinion or Order Filing 3 ORDER AND NOTICE: Rule 12(b) Motions 5/26/2020. Rule 26(f) Meeting 6/3/2020. Last day to file report of Rule 26(f) Meeting 6/10/2020. Scheduling Conference at 11:00 AM on 6/19/2020 in Charleston. Entry of Scheduling Order 6/24/2020. Last Day to make Rule 26(a)(1) disclosures 7/4/2020. Signed by Senior District Judge John T. Copenhaver, Jr. on 5/4/2020. (cc: counsel of record; any unrepresented parties) (kew)
April 27, 2020 Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (klc)
April 23, 2020 CASE assigned to Senior District Judge John T. Copenhaver, Jr. (klc)
April 23, 2020 Filing 1 NOTICE OF REMOVAL by Dow Chemical Company, Union Carbide Corporation with summons, complaint, answers, docket sheet and other miscellaneous documents from Circuit Court of Kanawha County. Filing Fee $400.00. Receipt #AWVSDC-7602545. (Attachments: #1 Docket Sheet and Exhibits A-F, #2 Civil Cover Sheet) (ts)

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Plaintiff: Christina L. Dearien
Represented By: Robert V. Berthold, Jr.
Represented By: Mark R. Staun
Represented By: Sean Xiangnan Xing
Represented By: Robert V. Berthold, III
Represented By: Robert Dean Hartley
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Plaintiff: Thomas G. Dearien
Represented By: Robert V. Berthold, Jr.
Represented By: Mark R. Staun
Represented By: Sean Xiangnan Xing
Represented By: Robert V. Berthold, III
Represented By: Robert Dean Hartley
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Defendant: Union Carbide Corporation
Represented By: Ronald Scott Masterson
Represented By: Patricia M. Bello
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Defendant: The Dow Chemical Company
Represented By: Floyd E. Boone, Jr.
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Defendant: NEXEO Solutions
Represented By: David Patrick Lodge
Represented By: Meghan Marlene Capps
Represented By: Michael Bonasso
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Defendant: Allnex, USA, Inc.
Represented By: James Brydie
Represented By: Marc E. Williams
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Defendant: Spectrum Chemical Manufacturing Corp.
Represented By: Robert A. Lockhart
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Defendant: Univar, Inc.
Represented By: Steven M. Lucks
Represented By: Jason A. Proctor
Represented By: David Patrick Lodge
Represented By: Meghan Marlene Capps
Represented By: Michael Bonasso
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Defendant: New River Trucking, LLC
Represented By: Matthew G. Breneman
Represented By: Sharon Z. Hall
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