Memorandum Opinion and Order
Pending before the Court is Defendant CSX Transportation Inc.'s Motion for Summary Judgement, ECF No. 31. For the following reasons, the motion is GRANTED.
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5:19-cv-00178
Memorandum Opinion and Order
The Court has previously entered default judgment against the Defendants concerning liability. [Doc. 32]. The issue of damages is ready for adjudication following a July 15, 2021 evidentiary hearing. [Doc. 42].
Author:
Frank W. Volk
5:20-cr-00117
Memorandum Opinion and Order
On March 26, 2021, counsel and the parties appeared for disposition. Having received the parties' supplemental briefs as to Objection Two and Objection Ten to the Presentence Investigation Report, the matter is ready for adjudication.
Author:
Frank W. Volk
3:21-cv-00343, 3:20-cr-00046-01
Memorandum Opinion And Order
Pending before the court is the United States' Motion for an Order Directing
Movant to File a Privilege Waiver. (ECF No. 37). The undersigned notes that the United States Attorney's Office continues to file, in § 2255 cases alleging ineffective assistance of counsel, the same motion asking the undersigned to compel the movant to file a waiver of the attorney-client privilege, notwithstanding that in each instance, the Court has declined to compel the movant to sign a waiver...
Author:
Cheryl A. Eifert
5:20-cv-00602
Memorandum Opinion and Order
Pending is Defendant US Trinity Energy Services, LLC’s (“Trinity”) Motion to Compel Arbitration, Motion to Stay, and (alternative) Motion to Dismiss Counts III and IV of the Amended Complaint [Doc. 8], filed October 9, 2020. M.T. Bores, LLC (“MT Bores”) responded on November 2, 2020, [Doc. 14], to which Mountain Valley Pipeline, LLC (“MVP”) and Trinity replied. [Docs. 16, 17]. Also pending is Plaintiff MT Bores’ Motion to Compel Mountain Valley Pipeline, LLC to Participate in Arbitration Between MT Bores, LLC and U.S. Trinity Energy Services, LLC [Doc. 21], filed November 17, 2020. After several extensions, MVP and Trinity responded respectively on January 8, 2021, and January 22, 2021. [Docs. 29, 31]. MT Bores did not reply.
Author:
Frank W. Volk
2:21-cv-00316
Memorandum Opinion and Order
A fear of the unknown and discomfort with the unfamiliar have motivated many of the most malignant harms committed by our country’s governments on their own citizens. Out of fear of those less like them, the powerful have made laws that restricted who could attend what schools, who could work certain jobs, who could marry whom, and even how people can practice their religions. Recognizing that classifying human beings in ways that officially sanction harm is antithetical to democracy, the states ratified the Fourteenth Amendment. It ensures that no state may “deny to any person within its jurisdiction the equal protection of the laws.” Accordingly, the courts are most juberous of any law—state or federal—that treats groups of people differently.
Author:
Joseph R. Goodwin
5:20-cr-00032
Memorandum Opinion and Order
Pending is Defendant's Motion to Suppress [Doc. 33], upon which the Court held an evidentiary hearing on March 5, 2021.
Author:
Frank W. Volk
2:20-cr-00196
Memorandum Opinion and Order
Pending before the court is Defendant’s motion to suppress almost three pounds of methamphetamine1 and $7,061 in cash seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (“MDENT”). I find that neither the warrant application nor the warrant issued contain statements of apparent facts from which a reasonable judicial officer or a reasonable police officer could find probable cause. For the reasons discussed below, Defendant’s Motion is GRANTED in part and DENIED in part.
Author:
Joseph R. Goodwin
2:20-cr-00063
Memorandum Opinion and Order
Pending before the court is Defendant’s motion to suppress 48 pounds of methamphetamine,1 $41,000 in cash, and all other evidence seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (“MDENT”). I find that neither the warrant application nor the warrant itself contain statements of apparent facts from which a reasonable judicial officer or a reasonable police officer could find probable cause. For the reasons discussed below, Defendant’s Motion is GRANTED.
Author:
Joseph R. Goodwin
2:06-cv-00612
Memorandum Opinion and Order
Pending before the Court is Defendant’s Motion to Enforce the Final Judgment Order and Final Order. [ECF No. 268]. Class Counsel [ECF No. 277] and Intervenor Plaintiffs [ECF No. 278] have responded. Defendant has replied. [ECF No. 279]. The Motion is now ripe for decision. For the following reasons, the Motion is DENIED.
Author:
Joseph R. Goodwin