Memorandum Opinion and Order
Pending are Plaintiff’s motion to remand and Defendants’ motion to dismiss.1 Both motions are DENIED.
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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-00054
Author:
Charles H. Haden II
2:00-cv-00841
Memorandum Opinion and Order
Pending is the motion of Plaintiff West Virginia Housing Development Fund (the Fund) to modify the Scheduling Order and Amend its Complaint. The motion is GRANTED.
Author:
Charles H. Haden II
2:00-cv-00192
Memorandum Opinion and Remand Order
Pending are Plaintiffs’ renewed motions for abstention and remand and Defendants’ motion to transfer venue.1 For reasons that follow, Plaintiffs’ motions for abstention and remand are GRANTED and Defendants’ motion to transfer venue is DENIED as moot.
Author:
Charles H. Haden II
2:00-cv-01062
Corrective Order
The Court AMENDS its Memorandum Opinion and Order filed May 29, 2001.
Author:
Charles H. Haden II
2:00-cv-01062
Memorandum Opinion andPreliminary Injunction Hearing Order
Pending is Plaintiff’s motion for a preliminary injunction on Count 4 of the Complaint. For reasons discussed below, the Court DISMISSES this action against the Defendant Director (now Secretary) of the West Virginia Division of Environmental Protection (DEP) because it is barred by the Eleventh Amendment of the United States Constitution. Consequently, the Court lacks jurisdiction to entertain Plaintiff’s motion for the injunction, and it is DENIED.
Author:
Charles H. Haden II
5:00-cv-01172
Order
Pending before the Court is Defendant Monroe Scarbro's February 1, 2001 supplemented motion to dismiss. For the reasons discussed below, Defendant's motion is DENIED WITHOUT PREJUDICE.
Author:
Robert C. Chambers
2:00-cv-01006
Opinion and Order
Pending before the court is the Motion to Dismiss for lack of Subject Matter Jurisdiction or, in the Alternative, Failure to State a Claim, filed by the United States of America (United States). For the reasons discussed below, the motion is GRANTED.
Author:
Joseph R. Goodwin
3:97-cv-01214
Order Granting Dismissal of Defendant Apfel
Defendant Kenneth S. Apfel, Commissioner of the Social Security Administration (SSA), moved to dismiss the Third Amended Complaint on two grounds. First, Defendant Apfel contends that Plaintiffs’ claims against him are barred by the Administrative Procedures Act (APA) which precludes judicial review of decisions “committed to agency discretion.” Second, Defendant Apfel asserts that Plaintiffs failed to exhaust their administrative remedies and cannot justify waiver of the exhaustion requirement. For the reasons that follow, the Court agrees with Defendant Apfel’s first argument and, therefore, GRANTS his motion and DISMISSES him from this action.1
Author:
Robert C. Chambers
5:00-cv-00360
Memorandum Opinion and Order
Pending are cross-motions for summary judgment on behalf of Plaintiff Erie Insurance Property & Casualty (Erie) and Defendant Susan Keneda.1 As discussed below, the Court GRANTS Plaintiff’s motion and DENIES Defendant’s motion.
Author:
Charles H. Haden II
2:00-cv-01055
Memorandum Opinion and Order
Pending is the joint motion to compel arbitration and dismiss or, in the alternative, to stay the case, filed by Defendants Chase Manhattan Bank and Saxon Mortgage. The Court DENIES the motion without prejudice.
Author:
Charles H. Haden II