Pope v. 3M Company et al
Plaintiff: Rockey Pope
Defendant: 3M Company, Mine Safety Appliances Company, LLC, Minnesota Mining and Manufacturing Company, Mine Safety Appliances Company, Raleigh Mine & Industrial Supply, Inc. and John Doe Entities
Cross Claimant: Eastern States Mine Supply Company and Raleigh Mine and Industrial Supply, Inc.
Case Number: 2:2022cv00408
Filed: September 23, 2022
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 U.S.C. § 1332 Diversity-Product Liability
Jury Demanded By: Both
Docket Report

This docket was last retrieved on November 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 21, 2022 Opinion or Order Filing 25 ACKNOWLEDGMENT by Clerk of Circuit Court of Mingo County of receipt of case file. (lca)
November 16, 2022 Opinion or Order Filing 24 LETTER to Lonnie Hannah, Clerk, Circuit Court of Mingo County, from Rory L. Perry, II dated 11/16/2022, re: case remanded. (mk)
November 16, 2022 Opinion or Order Filing 23 JUDGMENT ORDER In accordance with the #22 Memorandum Opinion and Order of November 16, 2022, it is ORDERED that the the #3 EMERGENCY MOTION by Rockey Pope to Remand Case to Circuit Court of Mingo County is granted; the #3 MOTION by Rockey Pope for an Award of Attorneys' Fees and Costs is denied; this action is remanded to the Circuit Court of Mingo County; and this action is dismissed and stricken from the docket. Signed by Senior Judge John T. Copenhaver, Jr. on 11/16/2022. (cc: counsel of record; any unrepresented parties) (mk)
November 16, 2022 Opinion or Order Filing 22 MEMORANDUM OPINION AND ORDER granting #3 EMERGENCY MOTION by Rockey Pope to Remand Case to Circuit Court of Mingo County; denying #3 MOTION by Rockey Pope for an Award of Attorneys' Fees and Costs, as set forth more fully herein; and directing the Clerk to strike this case from the docket and transmit this order to all counsel of record and to any unrepresented parties. Signed by Senior Judge John T. Copenhaver, Jr. on 11/16/2022. (cc: counsel of record; any unrepresented parties) (mk)
November 10, 2022 Opinion or Order Filing 21 REPLY by 3M Company to #19 Memorandum of Law In Opposition. (Spann, Bryant)
November 7, 2022 Opinion or Order Filing 20 RULE 26(f) REPORT OF PLANNING MEETING by Rockey Pope, Eastern States Mine Supply Company, 3M Company. (Ooten, Brian) (Modified on 11/8/2022 to add party filers) (kew).
November 3, 2022 Opinion or Order Filing 19 MEMORANDUM OF LAW by Rockey Pope in opposition to #18 MOTION by 3M Company for Summary Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ooten, Brian)
October 21, 2022 Opinion or Order Filing 18 MOTION by 3M Company for Summary Judgment (Spann, Bryant)
October 20, 2022 Opinion or Order Filing 17 MEMORANDUM OF LAW by 3M Company in support of #18 MOTION by 3M Company for Summary Judgment. (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 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15) (Spann, Bryant) (Modified on 10/21/2022 to correct link) (kew).
October 14, 2022 Opinion or Order Filing 16 REPLY by Rockey Pope to #15 Response In Opposition. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Ooten, Brian)
October 10, 2022 Opinion or Order Filing 15 RESPONSE by 3M Company in opposition to #3 EMERGENCY MOTION by Rockey Pope to Remand Case to Circuit Court of Mingo County and for an Award of Attorneys' Fees and Costs. (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)(Spann, Bryant)
September 30, 2022 Opinion or Order Filing 14 ORDER AND NOTICE: Motions under F.R. Civ. P. 12(b) - 10/20/2022. Last day for Rule 26(f) Meeting - 10/31/2022. Last day to file Report of Parties' Planning Meeting - 11/7/2022. Scheduling Conference at 9:30 AM on 11/18/2022 at the Robert C. Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Entry of Scheduling Order - 11/21/2022. Last day to serve F.R. Civ. P. 26(a)(1) disclosures - 11/29/2022. Signed by Senior Judge John T. Copenhaver, Jr. on 9/30/2022. (cc: counsel of record; any unrepresented parties) (mfo)
September 29, 2022 Opinion or Order Filing 13 MOTION by Rockey Pope for Leave to File Supplemental Authority with proposed document attached (Attachment: #1 Exhibit 1)(Ooten, Brian)
September 29, 2022 Opinion or Order Filing 12 STATEMENT OF VISITING ATTORNEY from Caroline G. Allen on behalf of Rockey Pope. Local counsel: Brian L. Ooten. Fee $50.00. Receipt # AWVSDC-8278879. (Ooten, Brian)
September 27, 2022 Opinion or Order Filing 11 STATEMENT OF VISITING ATTORNEY from Kevin P. Parker on behalf of Rockey Pope. Local counsel: Brian L. Ooten. Fee $50.00. Receipt # AWVSDC-8277264. (Ooten, Brian)
September 27, 2022 Opinion or Order Filing 10 STATEMENT OF VISITING ATTORNEY from W. Mark Lanier on behalf of Rockey Pope. Local counsel: Brian L. Ooten. Fee $50.00. Receipt # AWVSDC-8277258. (Ooten, Brian)
September 26, 2022 Opinion or Order Filing 9 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Raleigh Mine & Industrial Supply, Inc. (Huetter, Glenn)
September 26, 2022 Opinion or Order Filing 8 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Eastern States Mine Supply Company (Huetter, Glenn)
September 26, 2022 Opinion or Order Filing 7 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Brian L. Ooten updating name and/or firm information on behalf of Rockey Pope. (Ooten, Brian)
September 26, 2022 Opinion or Order Filing 6 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Robert H. Akers substituting within-firm representation for Ashley N. Deem on behalf of 3M Company. (Akers, Robert)
September 26, 2022 Opinion or Order Filing 5 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Cross Defendant 3M Company, Defendant 3M Company (Akers, Robert)
September 26, 2022 Opinion or Order Filing 4 MEMORANDUM OF LAW by Rockey Pope in support of #3 EMERGENCY MOTION by Rockey Pope to Remand Case to Circuit Court of Mingo County and for an Award of Attorneys' Fees and Costs. (Ooten, Brian)
September 26, 2022 Opinion or Order Filing 3 EMERGENCY MOTION by Rockey Pope to Remand Case to Circuit Court of Mingo County and for an Award of Attorneys' Fees and Costs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Ooten, Brian)
September 26, 2022 Opinion or Order 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)
September 23, 2022 Opinion or Order Filing 1 NOTICE OF REMOVAL by 3M Company with summons, complaint, answers, cross-claim, docket sheet, and other miscellaneous documents from Circuit Court of Mingo County. Filing Fee $402.00. Receipt #AWVSDC-8275366. (Attachments: #1 Exhibit 1-1, #2 Exhibit 1-2, #3 Exhibit 1-3, #4 Exhibit 1-4, #5 Exhibit 1-5, #6 Exhibit 1-6, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, #10 Exhibit 5, #11 Exhibit 6, #12 Exhibit 7, #13 Exhibit 8, #14 Exhibit 9, #15 Exhibit 10, #16 Exhibit 11, #17 Exhibit 12, #18 Exhibit 13, #19 Exhibit 14, #20 Civil Cover Sheet) (lca)
September 23, 2022 Opinion or Order CASE assigned to Senior Judge John T. Copenhaver, Jr. (klc)

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Search for this case: Pope v. 3M Company et al
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Plaintiff: Rockey Pope
Represented By: Kevin P. Parker
Represented By: Brian L. Ooten
Represented By: Caroline Allen
Represented By: Kyle R. Salyer
Represented By: W. Mark Lanier
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Defendant: 3M Company
Represented By: Bryant J. Spann
Represented By: Elizabeth L. Taylor
Represented By: Robert H. Akers
Represented By: Ashley Nichole Deem
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Defendant: Mine Safety Appliances Company, LLC
Represented By: Craig R. Banford
Represented By: John H. Mahaney
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Defendant: Minnesota Mining and Manufacturing Company
Represented By: Bryant J. Spann
Represented By: Elizabeth L. Taylor
Represented By: Robert H. Akers
Represented By: Ashley Nichole Deem
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Defendant: Mine Safety Appliances Company
Represented By: John H. Mahaney
Represented By: Craig R. Banford
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Defendant: Raleigh Mine & Industrial Supply, Inc.
Represented By: Concetta A. Silvaggio
Represented By: Glenn A. Huetter, Jr.
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Defendant: John Doe Entities
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Cross claimant: Eastern States Mine Supply Company
Represented By: Concetta A. Silvaggio
Represented By: Glenn A. Huetter, Jr.
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Cross claimant: Raleigh Mine and Industrial Supply, Inc.
Represented By: Concetta A. Silvaggio
Represented By: Glenn A. Huetter, Jr.
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