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Memorandum Opinion and Order
Before the Court are factual objections to the Presentence Investigation Report (PSR) and legal arguments contained in the Sentencing Memoranda of both parties [Dockets 144 and 147-1] as well as supplemental memoranda filed by both parties. Also before the Court is the Motion by the United States to Seal Sentencing Memorandum [Docket 147].1
Pretrial Order #60
(Memorandum Opinion and Order re Motion for Class Certification)
Pending is the motion for class certification filed by class representatives in six different actions within this multidistrict litigation (“MDL”) [Dckt. 283].
Sentencing Memorandum and Statement of Reasons
In 2004, as the result of an extensive international investigation, federal authorities suspected the defendant, Bernard E. Raby, of being a consumer of child pornography. On December 15, 2004, a search warrant was executed on Mr. Raby’s residence in Foster, West Virginia. Mr. Raby met the authorities at his front door and agreed to be interviewed. After waiving his constitutional rights, Mr. Raby admitted to possessing, on various electronic-storage devices, approximately 2000 sexually explicit images of underage boys.1 Some of these images depicted prepubescent boys. Mr. Raby also admitted to having engaged in sexual activity with juvenile boys on multiple occasions. The authorities executed the search warrant and seized Mr. Raby’s computer and other related evidence.
Memorandum Opinion and Order
Pending before the Court are several motions by the parties for full or partial summary judgment: Plaintiffs’ Motion for Partial Summary Judgment Against the Loadout Nellis Surface Mine (Doc. 112); Intervenor-Defendant, Loadout, LLC’s, Motion for Summary Judgment (Doc. 115); Intervenor-Defendant, Fola Coal Company, LLC’s, Motion for Partial Summary Judgment (Doc. 135); Plaintiffs’ Cross-Motion for Partial Summary Judgment (Doc. 139); and IntervenorDefendant, Fola Coal Company, LLC’s, Motion for Summary Judgment (Doc. 150). For the reasons explained below, the Court GRANTS in part and DENIES in part Parties’ motions.
Memorandum Opinion and Satement of Reasons
The United States charged Telford Cruikshank, Jr. with possessing or knowingly accessing with intent to view child pornography, in violation of 18 U.S.C. § 2252A(a)(5)(B). The offense carries a maximum term of ten years’ imprisonment. Mr. Cruikshank pleaded guilty on May 18, 2009. The Sentencing Guidelines recommend a sentence of 46 to 57 months in prison, with a term of supervised release between 5 years to life. As explained below, such a sentence would be unreasonable in this case. I thus sentence Mr. Cruikshank to 24 months in prison, followed by 15 years of supervised release, in addition to a special assessment of $100.
Memorandum Opinion and Order
Pending before the court are two motions to dismiss. The first is defendant Advanta’s Motion for Partial Dismissal of Plaintiffs' Complaint [Docket 15] challenging the sufficiency of Claims III, V, and VII of the Complaint. The second is a Motion to Dismiss by defendants Chase Home Finance and EMC Mortgage Corporation [Docket 17] seeking dismissal of Claims I, II, III, IV, V, and VII. As explained below, the Motions are GRANTED.
Memorandum Opinion and Order
Pending before the court are the plaintiff Jennifer Workman’s Motion for Summary Judgment [Docket 62], defendants Mingo County Board of Education and Dr. Steven L. Paine’s Motion for Summary Judgment [Docket 98], and defendant Dwight Dials’ Motion for Summary Judgment [Docket 102]. For the reasons explained below, the plaintiff’s Motion is DENIED, and the defendants’ Motions are GRANTED. All other pending motions [Dockets 2, 73, 97, 118] are DENIED as moot.
Memorandum Opinion and Order
Pending is the defendants’ joint motion for summary judgment, filed March 6, 2009. Also pending is the defendants’ motion to exceed the page limit, which motion is ORDERED granted.
Memorandum Opinion and Order
Pending before the court are the parties’ cross motions for summary judgment [Docket 37 and 39]. I DENY the cross motions and REMAND the claim to the plan administrator for further development.
Memorandum Opinion and Order
Pending before the Court is Defendant Diamond Mowers, Inc.’s Motion to Dismiss [doc. no. 10] and Plaintiff Carmichael Equipment, Inc.’s Motion for Leave to File First Amended Complaint [doc. no. 7]. For the following reasons, the Court GRANTS Defendant’s Motion to Dismiss and DENIES as moot Plaintiff’s Motion to Amend.