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Memorandum Opinion and Order
Pending before the Court are Plaintiff’s motions for summary judgment [Docket 97, 100, & 101], Defendants’ motions to dismiss or, alternatively, for summary judgment [Docket 99 & 129], Plaintiff’s Motion to Unseal [Docket 118], and Defendants’ motion in limine to exclude Plaintiff’s expert witnesses, Drs. Kimmel and Simons [Docket 132].
Memorandum Opinion and Order
Pending before the court is the defendant GEICO’s Motion for Summary Judgment [Docket 52]. For the reasons explained below, the Motion is GRANTED.
Memorandum Opinion and Order
Pending before the court is a Petition for a Writ of Habeas Corpus [Docket 21], pursuant to 28 U.S.C. § 2254. The respondents have filed a Motion for Summary Judgment [Docket 34], which has been fully briefed and is now ripe for review. For the reasons provided below, the Motion for Summary Judgment is GRANTED and the Petition for a Writ of Habeas Corpus is DENIED.
Memorandum Opinion and Order
Pending before the Court are Plaintiffs’ Motion for Partial Summary Judgment (ECF 7), Plaintiffs’ Supplemental Motion for Partial Summary Judgment (ECF 13), Defendant’s Motion to Dismiss and Motion to Abstain (ECF 23), and Defendant’s Cross-Motion for Summary Judgment (ECF 62). A hearing was held on the motions on August 26, 2011. All briefing has been submitted, and the issues are ripe for disposition. For the reasons that follow, Plaintiffs’ motion for partial summary judgment is DENIED as moot; Plaintiffs’ supplemental motion is GRANTED in part and DENIED in part; Defendant’s motion to dismiss is GRANTED in part and DENIED in part; and Defendant’s cross-motion for summary judgment is GRANTED in part and DENIED in part.
Memorandum Opinion and Order
Pending before the court is the motion by the plaintiff, Logan & Kanawha Coal Co., LLC (“L&K”) to Order Service by the U.S. Marshals Service [Docket 5]. For the reasons outlined below, this motion is hereby GRANTED to the extent it requests that this court direct the United States Marshals Service to serve upon the defendant the plaintiff’s Motion to Confirm Arbitration Award and other supporting documentation. The plaintiff is hereby DIRECTED to complete Form USM285, and take all necessary steps, including prepayment of the estimated fees and expenses for service, to facilitate service of the defendant by the U.S. Marshals Service, and deliver the same to the U.S. Marshal for the Southern District of West Virginia.
Memorandum Opinion and Order
This is a shareholder challenge to a two-step acquisition in which a third-party corporation has agreed to commence a tender offer for a majority of the target corporation’s stock, followed by a back-end merger into a subsidiary of the acquirer. Pending are various motions filed by the parties. For the reasons that follow, the Court GRANTS in part and DENIES in part the defendants’ Motion to Proceed in One Jurisdiction, Dismiss or Stay Litigation in the Other Jurisdiction, and Organize Counsel for the Putative Class. [Doc. 5]
Memorandum Opinion and Order
Pending before the court is the plaintiff’s Motion to Remand this action to the Circuit Court of Kanawha County, West Virginia [Docket 5]. For the following reasons, the court FINDS that the plaintiff’s claims are not completely preempted and GRANTS the plaintiff’s motion to remand.
Memorandum Opinion and Order
Pending before the Court are multiple motions and cross-motions for summary judgment in OVEC v. Coal-Mac, 3:10-0833, and OVEC v. Independence, 3:10-836. In Coal-Mac, pending are Plaintiffs’ Motion for Partial Summary Judgment, for Declaratory and Injunctive Relief, and to Schedule a Hearing on the Scope of Injunctive Relief (Doc. 5); Defendants’ Motion for Stay of Proceedings Pending Resolution of Negotiations Between Arch Coal, Inc. and the United States Environmental Protection Agency (Doc. 13); Coal-Mac’s Cross-Motion for Partial Summary Judgment (Doc. 18); Plaintiffs’ Second Motion for Partial Summary Judgment and for Declaratory and Injunctive Relief and Civil Penalties (Doc. 26); and Coal-Mac, Inc. and Mingo Logan Coal Company’s Cross-Motion for Partial Summary Judgment (Doc. 37). In Independence, pending are Plaintiffs’ Motion for Partial Summary Judgment and for Declaratory and Injunctive Relief and Civil Penalties (Doc. 14) and Defendants’ Cross-Motion for Partial Summary Judgment (Doc. 24). Also pending are Plaintiffs’ Motions to File Surreply to Defendants’ Supplemental Authority in Support of Defendants’ Cross Motions for Summary Judgment in Coal-Mac (Doc. 76) and Independence (Doc. 57). Both these latter motions are GRANTED, and Plaintiffs’ memorandums were considered in the disposition of these motions.
Memorandum Opinion and Order
Pending before the court is the Motion for Summary Judgment filed by the defendant, BAC Home Loans Servicing, LP (“BAC”) [Docket 22]. BAC’s position rests primarily on preemption, an important constitutional doctrine that draws its force from the Supremacy Clause of the U.S. Constitution. Preemption reflects the principle that, in the collective wisdom of Congress, the laws of the several States must sometimes give way to a set of nationally uniform rules and regulations. Nevertheless, because part of the genius of our constitutional Republic stems from its preservation of dual sovereigns, federal preemption of state law is not something to be undertaken lightly. BAC’s briefing accords these principles little weight.
Memorandum Opinion and Order
Pending before the court are a Motion to Vacate Any and All Default and Other Judgments [Docket 42], filed by the defendant Timothy Donahue, and a Motion to Vacate Any and All Default and Other Judgments [Docket 45], filed by the defendant Barbara Donahue. For the reasons provided below, both motions are DENIED.