Dearien et al v. Union Carbide Corporation et al
| Christina L. Dearien and Thomas G. Dearien |
| Union Carbide Corporation, The Dow Chemical Company, NEXEO Solutions, Allnex, USA, Inc., Spectrum Chemical Manufacturing Corp., Univar, Inc. and New River Trucking, LLC |
| 2:2020cv00285 |
| April 23, 2020 |
| US District Court for the Southern District of West Virginia |
| John T Copenhaver |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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| Document Text |
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| Filing 30 REPLY by New River Trucking, LLC to #18 Response In Opposition. (Hall, Sharon) |
| Filing 29 MEMORANDUM IN REPLY by Christina L. Dearien, Thomas G. Dearien to #19 Response In Opposition. (Hartley, Robert) |
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)
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| 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). |
| 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). |
| 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). |
| 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). |
| 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). |
| Filing 22 NOTICE OF ATTORNEY APPEARANCE by Jason A. Proctor on behalf of Univar, Inc. (Proctor, Jason) |
| 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) |
| Filing 20 MOTION by Dow Chemical Company, Union Carbide Corporation to Strike Plaintiff's Affidavits. (Bello, Patricia) |
| 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). |
| 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). |
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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)
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| 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) |
| Filing 15 NOTICE OF ATTORNEY APPEARANCE by Matthew G. Breneman on behalf of New River Trucking, LLC. (Hall, Sharon) |
| 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) |
| 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). |
| Filing 12 STATEMENT OF VISITING ATTORNEY from David Lodge on behalf of Univar, Inc. Local counsel: Michael Bonasso. Receipt #: AWVSDC-7624002. (ts) |
| 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) |
| 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) |
| 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) |
| Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Allnex, USA, Inc. (Williams, Marc) |
| Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Univar, Inc. (Capps, Meghan) |
| Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Spectrum Chemical Manufacturing Corp. (Lockhart, Robert) |
| Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Dow Chemical Company (Boone, Floyd) |
| Filing 4 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Union Carbide Corporation (Bello, Patricia) |
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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)
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| 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) |
| CASE assigned to Senior District Judge John T. Copenhaver, Jr. (klc) |
| 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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