Memorandum Opinion and Order
Pending is Defendants’ motion for summary judgment on all issues. For reasons discussed below, the motion is GRANTED.
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Opinions
The Southern District of West Virginia offers a database of opinions starting in the year 2001, listed by year and judge. For a more detailed search, enter the keyword or case number in the search to the right or sort using the drop-downs below.
2:01-cv-01055 to 2:01-cv-01074, 2:01-cv-01085 to 2:01-cv-01224
Memorandum Opinion and Order
Pending are the motions of Plaintiffs in these civil actions 1) to remand them to the Circuit Court of Kanawha County, West Virginia, 2) to abstain from hearing these claims, or 3) to enjoin their transfer to the District Court for the District of Delaware (Delaware court). For reasons discussed below, the Court GRANTS the motion for remand. The remaining motions are DENIED as moot.
Author:
Charles H. Haden II
2:01-cv-00788
Order
Pending before the court is Plaintiffs’ Motion for Leave to Take Limited Deposition, filed September 11, 2001. (Document # 3.) In their Motion, Plaintiffs seek leave to take a limited deposition of Bob Bumpus of Defendant Americredit Financial Services, Inc. (Americredit) for the purposes of learning the identity of John Doe corporations named in the Complaint and, more recently, the Amended Complaint. Americredit responded on October 30, 2001, opposing Plaintiffs’ Motion. (Document # 23.) The court heard oral argument on October 31, 2001.
Author:
Mary S. Feinberg
2:01-cv-00788
Order Overruling Objection to Magistrate Judge's Ruling
Pending is the objection of Defendant Americredit Financial Services, Inc. (Americredit) to Magistrate Judge Mary Stanley Feinberg’s November 1, 2001 Order granting Plaintiffs’ motion to take the limited deposition of Bob Bumpus of Americredit, pursuant to Rule 26(d). Fed. R. Civ. P. 26(d).1 Plaintiffs requested the deposition for the purpose of learning the identities of John Doe Corporations listed as Defendants in the Amended Complaint.
Author:
Charles H. Haden II
2:01-cv-00770
Memorandum Opinion and Order
Pending are (1) Defendants’ (the Corps’) motion for change of venue, pursuant to 28 U.S.C. § 1404(a), to the Eastern District of Kentucky, and (2) motions by Kentucky Coal Association, Pocahontas Development Corporation, and AEI Resources, Inc. to intervene as defendants. For reasons discussed below, the Court DENIES the Corps’ motion for change of venue. The motions of Kentucky Coal Association and Pocahontas Development Corporation to intervene are GRANTED.1
Author:
Charles H. Haden II
2:00-cv-00618
Memorandum Opinion and Order
Pending are the parties’ cross motions for summary judgment. The Court GRANTS Defendants’ motion and DENIES Plaintiff’s motion.
Author:
Charles H. Haden II
6:01-cv-00318
Memorandum Opinion and Order
Pending are the parties’ cross motions for summary judgment on the issue whether Defendant Westfield Insurance Company (Westfield) is required, under its policy of insurance issued to Plaintiff Community Antenna Services, Inc. (CAS), to provide a defense in an underlying civil action in Wood County, West Virginia. It is not. For reasons discussed below, Westfield’s motion is GRANTED and CAS’s motion is DENIED. Judgment will be entered in favor of Westfield.
Author:
Charles H. Haden II
2:01-cv-00726
Memorandum Opinion and Order
Pending before the court is the plaintiff’s Motion to Remand. Plaintiff Shonk Land Company LLC (“Shonk”) originally filed this action in West Virginia state court on June 14, 2001. On August 10, 2001, defendant Ark Land Company (“Ark”) removed the action based on diversity of citizenship and an amount in controversy in excess of $75,000, pursuant to 28 U.S.C. § 1446(a). Shonk now moves this court for remand pursuant to 28 U.S.C. § 1447(c), arguing that Ark exceeded the 30 day limit for removal. For reasons discussed herein, the motion is DENIED.
Author:
Joseph R. Goodwin
2:01-cv-00143
Memorandum Opinion and Order
Pending is Defendant’s motion for specific performance of the plea agreement and for recusal of the Court based on the Government’s breach. The Court DENIES the motion.
Author:
Charles H. Haden II
2:01-cv-00054
Memorandum Opinion and Order
Pending is Plaintiff's motion to amend her complaint to delete the existing class action allegations. The sole reason for which Plaintiff putatively seeks dismissal is lack of sufficient time to perform class discovery in aid of certification. Plaintiff, however, has not requested the Court to grant additional time within which to conduct such discovery.
Author:
Charles H. Haden II