Marcum et al v. Mine Safety Appliances Company, LLC et al
| Wade H. Marcum and Edith Marcum |
| Cabot CSC LLC, Mine Safety Appliances Company, LLC, 3M Company, American Optical Corporation, Cabot Safety Corporation, Aearo Technologies LLC, Raleigh Mine and Industrial Supply, Inc. and Eastern States Mine Supply Co. |
| 2:2021cv00616 |
| November 24, 2021 |
| US District Court for the Southern District of West Virginia |
| Joseph R Goodwin |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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Filing 33
SCHEDULING ORDER directing that the scheduling conference previously scheduled for 1/24/2022 be cancelled and that this case shall proceed as follows:Amendment of pleadings and joinder of parties - 4/22/2022. Deadline for written discovery requests - 9/1/2022. Expert disclosure by party with burden of proof - 8/18/2022. Expert disclosure by opposing party - 9/19/2022. Expert disclosure for rebuttal purposes - 10/3/2022. Deposition deadline and close of discovery - 10/17/2022. Filing of dispositive motions - 11/7/2022. Responses to dispositive motions - 11/21/2022. Reply to response to dispositive motion - 11/28/2022. Settlement meeting - 1/13/2023. Filing of motions in limine - 1/16/2023. Responses to motions in limine - 1/23/2023. Plaintiff draft of pretrial order to defendant - 1/11/2023. Integrated pretrial order filed by defendant - 1/18/2023. Pretrial conference on 2/2/2023 at 10:00 AM. Proposed jury instructions filed - 3/6/2023. Final settlement conference on 3/13/2023 at 9:00 AM. Trial on 3/14/2023 at 8:30 AM. Signed by Judge Joseph R. Goodwin on 1/12/2022. (cc: counsel of record; any unrepresented parties) (mfo)
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| Filing 32 RULE 26(f) REPORT OF PLANNING MEETING by 3M Company, Wade H. Marcum, Edith Marcum, Mine Safety Appliances Company, LLC, American Optical Corporation, Cabot CSC LLC, Aearo Technologies LLC. (Attachment: #1 Exhibit A)(Spann, Bryant) (Modified on 1/12/2022 to add party filers) (kew). |
| Filing 31 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Ashley N. Lynch updating name and/or firm information. (Bucci, Guy) |
| Filing 30 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Guy R. Bucci updating name and/or firm information. (Bucci, Guy) |
| Filing 29 RESPONSE by 3M Company in opposition to #19 MOTION by Edith Marcum, Wade H. Marcum to Remand Case to Circuit Court of Mingo County (Spann, Bryant) |
| Filing 28 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Glenn A. Huetter, Jr updating name and/or firm information on behalf of Eastern States Mine Supply Co., Raleigh Mine and Industrial Supply, Inc. (Huetter, Glenn) |
| Filing 27 ANSWER TO #14 Crossclaim by Mine Safety Appliances Company, LLC. (Johnson, Nicholas) |
| Filing 26 ANSWER TO #14 Crossclaim by Mine Safety Appliances Company, LLC. (Johnson, Nicholas) |
| Filing 24 ANSWER TO #14 Crossclaim with Jury Demand by Cabot CSC LLC. (Huff, Kendra) |
| Filing 23 ANSWER TO #14 Crossclaim with Jury Demand by American Optical Corporation. (Huff, Kendra) |
| Filing 22 ANSWER TO #14 Crossclaim with Jury Demand by Aearo Technologies LLC. (Huff, Kendra) |
| Filing 21 ANSWER to #14 CROSSCLAIM by 3M Company With Jury Demand (Deem, Ashley) (Modified on 12/23/2021 to add jury demand) (mk). |
| Filing 20 MEMORANDUM OF LAW by Edith Marcum, Wade H. Marcum in support of #19 MOTION by Edith Marcum, Wade H. Marcum to Remand Case to Circuit Court of Mingo County (Bucci, Guy) |
| Filing 19 MOTION by Edith Marcum, Wade H. Marcum to Remand Case to Circuit Court of Mingo County (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Bucci, Guy) |
| Filing 17 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Raleigh Mine and Industrial Supply, Inc. (Huetter, Glenn) |
| Filing 16 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Eastern States Mine Supply Co. (Huetter, Glenn) |
| Filing 15 NOTICE of Non-Party Fault by Eastern States Mine Supply Co., Raleigh Mine and Industrial Supply, Inc. (Huetter, Glenn) |
| Filing 14 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Raleigh Mine and Industrial Supply, Inc., Eastern States Mine Supply Co. and CROSSCLAIM by Raleigh Mine and Industrial Supply, Inc., Eastern States Mine Supply Co. against 3M Company, Aearo Technologies LLC, American Optical Corporation, Cabot CSC LLC, Mine Safety Appliances Company, LLC. (Huetter, Glenn) |
| Filing 13 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cabot CSC LLC (Hancock, Thomas) |
| Filing 12 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Cabot CSC LLC. (Hancock, Thomas) |
| Filing 11 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant American Optical Corporation (Hancock, Thomas) |
| Filing 10 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by American Optical Corporation. (Hancock, Thomas) |
| Filing 9 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Aearo Technologies LLC (Hancock, Thomas) |
| Filing 8 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by Aearo Technologies LLC. (Hancock, Thomas) |
| Filing 7 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Mine Safety Appliances Company, LLC (Johnson, Nicholas) |
| Filing 6 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL by Mine Safety Appliances Company, LLC. (Johnson, Nicholas) |
| Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant 3M Company (Taylor, Elizabeth) |
| Filing 4 ANSWER TO COMPLAINT ATTACHED TO #1 NOTICE OF REMOVAL with Jury Demand by 3M Company. (Taylor, Elizabeth) |
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Filing 3
ORDER AND NOTICE: Motions under Fed. R. Civ. P. 12(b) - 12/20/2021. Last day for Rule 26(f) meeting - 1/3/2022. Last day to file report of Rule 26(f) meeting - 1/10/2022. Scheduling Conference at 9:00 AM on 1/24/2022 at the Robert C. Byrd United States Courthouse, 300 Virginia Street East, Room 6610 (Library/Conference Room), Charleston, WV. Entry of scheduling order - 1/31/2022. Last day to make Rule 26(a)(1) disclosures - 2/7/2022. Signed by Judge Joseph R. Goodwin on 11/29/2021. (cc: counsel of record; any unrepresented parties) (mfo)
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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) |
| Filing 1 NOTICE OF REMOVAL by 3M Company with summons, complaint, docket sheet, consents of removal and other miscellaneous documents from Circuit Court of Mingo County. Filing Fee $402.00. Receipt #AWVSDC-8085132. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil Cover Sheet) (kew) |
| CASE assigned to Judge Joseph R. Goodwin. (klc) |
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