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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.
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.
Memorandum Opinion and Order
Pending is Plaintiff Carrie K. Mabry' s (Mabry) motion to dismiss Defendant Wal-Mart Stores, Inc.'s (Wal-Mart) Counterclaim.1 The Court GRANTS the motion.
Memorandum Opinion and Order
This action arises out of the alleged negligence of John H. Pellegrini, D.O., in performing an hysterectomy on Plaintiff, and of defendant Raleigh General Hospital (“Raleigh General”) in granting and continuing staff privileges to Dr. Pellegrini. At the time of the surgery, Dr. Pellegrini was an agent and employee of an entity covered by the Federal Tort Claims Act (“FTCA”), 28 U.S.C. § 2671 et seq.
Memorandum Opinion and Order
Pending is the motion of Defendant Director, West Virginia Division of Environmental Protection (DEP, the State Defendant) to dismiss this action because, inter alia, it is barred by the Eleventh Amendment of the United States Constitution.2 The motion is DENIED.
Opinion and Order
Before the court is the Renewed Motion to Dismiss Jumacris Mining, Inc. ("Jumacris") filed on June 9, 2000. Also pending are the objections, filed on April 28, 2000, of Jumacris to an order of the magistrate judge granting plaintiffs’ motion to compel discovery. For the reasons discussed below, the Renewed Motion to Dismiss Jumacris Mining, Inc. is GRANTED. The objections to the magistrate judge’s discovery order are rendered moot by the dismissal of Jumacris and are therefore overruled. The stay, which the court imposed by order of June 5, 2000, is lifted; a new scheduling order will be entered consistent with this opinion.
Memorandum Opinion and Order
This matter comes once again before the Court on review of the Magistrate Judge's Findings and Recommendations. Petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order dated September 29, 1999, this Court reviewed the objections to Magistrate Judge Feinberg's Findings and Recommendations which recommended to this Court that this case be remanded to the state court for appointment of counsel and an evidentiary hearing. Noting that the Court lacked authority to remand to the state court, this Court referred the case back to the Magistrate for further proceedings. The Magistrate appointed the Federal Public Defender's Office to represent the petitioner. Petitioner's newly appointed counsel reviewed the pro se petition and narrowed the issues presented. Thereafter, the Magistrate held a two day evidentiary hearing on the issues raised in the petition. After the hearing, Judge Feinberg submitted her Findings and Recommendations on September 29, 2000. Thereafter, on October 13, 2000, Petitioner submitted objections to the Findings and Recommendations. Upon de novo review of the petitioner's objections and the entire record, the Court ACCEPTS in part and REJECTS in part the Findings and Recommendations of the Magistrate Judge, but nevertheless DENIES Petitioner's Petition for a Writ of Habeas Corpus for the reasons that follow.
Memorandum Opinion Concerning the Preliminary Injunction
This matter is before the Court upon a motion by Plaintiffs Ohio River Valley Coalition and the Citizens Coal Council for a preliminary injunction. After holding a five-day hearing on the matter, the Court DENIES the preliminary injunction sought by Plaintiffs for the following reasons.
Memorandum Opinion and Order
Pending before the court are the plaintiffs Motion for Preliminary Injunction and the parties' cross-motions for summary judgment. The plaintiff filed this suit against the United States Department of Health and Human Services ("DHHS"), its then-Secretary, Donna Shalala and then Administrator of the Heath Care Financing Administration ("HCFA"), Nancy-Ann Min DeParle,1 asking the court to declare that the 1993 amendments to 42 U.S.C. § I 396p are unconstitutional and to enjoin the defendants from enforcing the amendments. At issue is the requirement in these amendments that states recover from the estates of certain Medicaid recipients reimhursement for nursing home and other long-term care benefits (hereinafter the "estate recovery program").
Memorandum Opinion and Order
Pending is the appeal by Lewis Law (Law) and Mining Management, Inc. (MMI)1 of a final judgment of the bankruptcy court denying their motion to proceed to trial against CSX Minerals and the CSX Entities. Because the Court finds the bankruptcy court properly interpreted its own order, the judgment below is AFFIRMED.