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Memorandum Opinion and Order
Pending before the court is a motion to dismiss [Docket 9] filed by Ford Motor Credit Company ("Ford Credit"). Ford Credit claims the plaintiff’s Complaint fails to state a claim upon which relief may be granted pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. For the reasons explained herein, the court DENIES Ford Credit’s motion.
Memorandum Opinion and Order
On October 15, 2004, Ruth Royal filed this action alleging sex based discrimination in violation of the Civil Rights Act of 1964, 42 U.S.C. §§2000e et seq. She alleges a claim of sex discrimination and failure to promote in violation of Title VII, a retaliation claim, and a hostile work environment claim. On January 3, 2006, both parties filed memoranda in support of motions for summary judgment on the hostile work environment claim (Doc. 67, 69). After reviewing the motions and hearing oral argument, the Court DENIES both motions for summary judgment.
Memorandum Opinion and Order
Pending before the court is the Application of the United States of America for an Order Authorizing the Installation and Use of a Pen Register With Caller Identification Device and Cell Site Location Authority on a Certain Cellular Telephone ("Application") . It is hereby ORDERED that the Application is filed UNDER SEAL until further order of this court.
Memorandum Opinion and Order
Pending before the Court is the Defendants’ Motion In Limine to exclude evidence that the Plaintiff suffered mental distress and/or psychic injury because the Plaintiff witnessed the violent death of a person, unrelated to the Plaintiff, who was involved in the same accident as the Plaintiff. The Court GRANTS the Defendants’ Motion In Limine because the Plaintiff was unrelated to the victim who died in the accident.
Memorandum Opinion and Order
Pending before the court is the plaintiff’s motion to file an amended complaint [Docket 21]. I GRANT the plaintiff’s motion.
Memorandum Opinion and Order
Pending before the court are the motion for partial summary judgment of the plaintiffs [Docket 73], the motion for summary judgment of defendants Dr. David Stewart and the West Virginia Department of Education [Docket 71], and the motion for summary judgment of defendants Paul Nusbaum and the West Virginia Department of Health and Human Resource [Docket 75]. For the reasons stated herein, the court GRANTS the defendants’ motions for summary judgment and DENIES the plaintiffs’ motion for partial summary judgment.
Memorandum Opinion and Order
Pending are defendant’s motions (1) to dismiss, and (2) to stay discovery pending a ruling on the motion to dismiss. The motions were filed respectively on September 13 and October 31, 2005. The court ORDERS that plaintiff’s motion for leave to file a surreply, filed November 4, 2005, be, and it hereby is, granted.
Memorandum Opinion and Order
Pending before the court is defendant’s motion to dismiss the indictment based on outrageous conduct on the part of the government (Doc. No. 17). At the hearing held on pretrial motions in this case, the court took this motion under advisement pending written opinion. For the reasons outlined below, defendant’s motion to dismiss is DENIED.
Memorandum Opinion and Order
Pending before the court are cross motions for summary judgment. The court GRANTS the plaintiff’s motion for summary judgment [Docket 16] and DENIES the defendant’s motion for summary judgment [Docket 13].
Memorandum Opinion and Order
Pending are plaintiff and defendants’ motions for summary judgment, filed respectively on September 9, 2005, and September 2, 2005.