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Memorandum Opinion and Order
Now before the court are Plaintiff’s Motion for Summary Judgment and Memorandum of Law [Docket 32] and Defendants’ Motion for Summary Judgment [Docket 34]. These motions are ripe for review. For the reasons set forth herein, Plaintiff’s Motion for Summary Judgment and Memorandum of Law [Docket 32] is DENIED and Defendants’ Motion for Summary Judgment [Docket 34] is GRANTED.
Memorandum Opinion and Order
Pending before the court is the plaintiff’s Motion for a Temporary Restraining Order and Preliminary Injunction [Docket 5]. On October 2, 2013, I entered a Temporary Restraining Order [Docket 13] prohibiting the defendants from enforcing Parkersburg Codified Ordinance 347.28. I held a hearing on October 9, 2013, to determine whether to enter a preliminary injunction. For the reasons described below, the plaintiff’s motion is GRANTED. The defendants are ENJOINED from enforcing Parkersburg Codified Ordinance 347.28 pending a trial on the merits.
Memorandum Opinion and Order
Pending before the court is Plaintiff’s Motion to Amend the Complaint [Docket 34]. A response was filed [Docket 38], and the motion is ripe for review. For the reasons set forth below, Plaintiff’s Motion to Amend the Complaint [Docket 34] is DENIED.
Memorandum Opinion and Order
Pending are cross-motions for partial summary judgment filed by Plaintiffs Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., Coal River Mountain Watch, and Sierra Club (“Plaintiffs”), ECF No. 55, and Defendant Marfork Coal Co., Inc. (“Marfork”), ECF No. 50. For the reasons stated below, the Court GRANTS in part Marfork’s motion as to the lack of standing of three of the plaintiffs, but otherwise DENIES the parties’ motions.
Memorandum Opinion and Order
Pending are defendant Marcus Wyn Taylor's motion to suppress evidence, filed December 13, 2012, supplemental motion to suppress evidence, filed December 27, 2012, and second supplemental motion to suppress evidence, filed January 14, 2013.
Pretrial Order #64
(AMS's Motion for Permission to Meet with Dr. Moore)
Defendant American Medical Systems, Inc. (“AMS”) moves this court for an order permitting AMS to meet ex parte with Dr. Robert Moore prior to his deposition scheduled on May 29, 2013, (ECF No. 643, 657), and seeks an expedited ruling on its motion. (ECF No. 645). Plaintiffs have responded to the motion, and AMS has filed supporting and reply memoranda. (ECF Nos. 644, 658, 664, 668). Consequently, the issue before the court has been fully briefed and is ready for resolution. For the reasons that follow, the court GRANTS AMS’s request for an expedited resolution of the motion and further GRANTS AMS’s motion and amended motion for permission to meet with Dr. Moore.
Memorandum Opinion and Order
Pending are defendant Marcus Wyn Taylor's motion to suppress evidence, filed December 13, 2012, supplemental motion to suppress evidence, filed December 27, 2012, and second supplemental motion to suppress evidence, filed January 14, 2013.
Memorandum Opinion and Order
Pending before the Court are Plaintiff’s motion to remand this action to the Circuit Court of Mason County, ECF No. 10, and Defendants’ motion to stay pending transfer to federal multidistrict litigation, ECF No. 21. For the following reasons, the Court DENIES Defendants’ motion to stay and GRANTS Plaintiff’s motion to remand.
Memorandum Opinion and Order
The Court has been asked to consider three motions filed by Defendants, all of which involve the confidentiality of benthic macroinvertebrate surveys performed by or at the request of Defendants for their internal use. (ECF Nos. 31, 33, 34). Plaintiffs responded to the motions, and Defendants replied. (ECF Nos. 39, 40). On March 26, 2013, the undersigned heard argument from the parties and took the matter under advisement. Having now fully considered the positions of the parties, the Court DENIES Defendants’ Motion for Protective Order (ECF No. 33) and further DENIES Defendants’ Motions to Seal (ECF Nos. 31, 34).
Memorandum Opinion and Order
Pending before the Court is Defendants’ motion (ECF No. 50) to dismiss Plaintiffs’ Second Amended Complaint (“SAC”). The parties presented oral argument regarding the motion to dismiss on January 16, 2013, in Huntington. For the reasons stated below, the Court GRANTS the motion to dismiss (ECF No. 50). Also pending before the Court is Plaintiffs’ motion for leave to file a supplemental memorandum (ECF No. 70). For reasons appearing to the Court, the Court GRANTS this motion (ECF No. 70).1