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Memorandum Opinion and Order
Before the Court is Plaintiffs’ Motion for Remand [Docket 7] and Defendants’ Motion to Dismiss Defendant Joseph Zupanick [Docket 3]. For the reasons stated herein, Plaintiffs’ motion is DENIED and Defendants’ motion is GRANTED.
Memorandum Opinion and Order
Pending are the parties’ briefs seeking judgment on the pleadings. The plaintiff’s brief was filed December 27, 2005. The defendant’s brief was filed January 26, 2006. On August 29, 2006, the court received the proposed findings and recommendation of the United States Magistrate Judge. On September 8, 2006, the Commissioner objected. On September 12, 2006, the court directed the plaintiff to respond to the Commissioner’s objections. On September 15, 2006, plaintiff’s response was received.
Order
Pending before the court are the defendants’ Motions for Summary Judgment [Docket 75, Docket 79, and Docket 81]. After a thorough review of the pending motions and responses, the court FINDS for the defendants and GRANTS their summary judgment motions on all counts.
Memorandum Opinion and Order
Before the Court is Plaintiffs’ Motion to Remand [Docket 6]. For the reasons stated herein, the motion is GRANTED.
Memorandum Opinion and Order
In January 1997, the West Virginia Department of Education ("WVDE") issued an official Request for Proposal ("RFP") to solicit bids for a comprehensive computer system in state schools. The defendant, Commtec/Pomeroy Computer Resources, Inc. ("Pomeroy"), submitted the successful bid and entered into a contract ("the SUCCESS contract") with the WVDE on July 8, 1997. The plaintiff, Mark J. Barnett, allegedly worked for Pomeroy on this contract as a cable installer.
Memorandum Opinion and Order
Pending before the court is Plaintiff’s Motion for Vaughn Index, filed May 2, 2006. (Docket Sheet Document # 11.) Defendant, the United States Department of Justice, responded on May 19, 2006. (# 15.) The court conducted a telephonic hearing on June 12, 2006, which was attended by all the parties.
Memorandum Opinion and Order
Pending before the court is Raymond Goedeke’s Petition for Writ of Habeas Corpus. The matter initially was referred to the Honorable R. Clarke VanDervort, United States Magistrate Judge, to make findings and recommendations. The Magistrate Judge recommended I dismiss Mr. Goedeke’s petition because it was untimely. After reviewing objections filed by the petitioner, I determined that additional factfinding was necessary. On March 28, 2006, I held an evidentiary hearing to determine whether Mr. Goedeke’s petition was timely. Upon consideration of the evidence adduced at the hearing and the post-hearing briefs, I FIND that the extraordinary circumstances of this case warrant equitably tolling of the applicable statute of limitations to allow Mr. Goedeke’s petition.
Memorandum Opinion and Order
Pending before the court is a motion to enlarge the order restraining suit [Docket 482] and a motion for expedited consideration of the motion to enlarge the order restraining suit [Docket 551] filed by B & H Towing, Inc.; AEP MEMCO, LLC; American Electric Power Company, Inc.; and AEP Resources, Inc. (collectively referred to as "movants"). For the reasons stated herein, the court GRANTS the motion to expedite consideration and DENIES the motion to enlarge the order restraining suit.
Memorandum Opinion and Order Regarding Defendants' Motion for Summary Judgement
Plaintiffs brought this action under Section 301(a) of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). Plaintiffs claim that Defendant ACF Industries LLC (ACF) violated the Act by changing one of the health insurance programs for its retirees. Plaintiffs are members of the class of retirees, as certified by Order of this Court entered on March 25, 2005, covered by the Hospital and Physician Services Benefit Plan for Eligible Retired Employees and Dependents of ACF Industries, Inc. (H&P Plan). Defendants filed a Motion for Summary Judgment, asserting Plaintiffs cannot establish a right to unchangeable, lifetime benefits under the applicable contractual provisions. At issue are the collective bargaining agreements (also referred to as CBAs and Master Agreements) and related documents under which the H&P Plan for retirees was created and maintained for the past thirty years. Upon review of these documents, and for the following reasons, the Court finds Defendants are entitled to summary judgment.
Memorandum Opinion and Order
This matter is before the Court on the motion to dismiss of Defendants American Chemistry Council, Goodrich Corporation, PPG Industries, Inc., Shell Oil Company, and Zeneca, Inc., which seeks to dismiss Counts III-VIII of the complaint (Doc. 49). The other Defendants, Goodyear Tire & Rubber Company (Doc. 64), Rhone-Poulenc, Inc. (Doc. 51), Air Products & Chemicals, Inc. (Doc. 65), Ethyl Corporation (Doc. 66), Olin Corporation (Doc. 67), Pactiv Corporation (Doc. 68), Dow Chemical Company (Doc. 53), Union Carbide Corporation (Doc. 53), Honeywell International, Inc. (Doc. 53), Tenneco Automotives, Inc. (Doc. 63), Georgia Pacific Corporation (Doc. 60), Chevron U.S.A. Inc. (Doc. 54), Pharmacia Corporation (Doc. 58), Hexion Specialty Chemicals, Inc. (Doc. 52), Uniroyal, Inc. (Doc. 99), and Polyone Corporation (Doc. 149), have separately joined in this motion to dismiss. In addition, Gencorp, Inc. filed a separate motion to dismiss Counts I-IV (Doc. 55). For the following reasons, the Court DENIES in part, and GRANTS in part the motion to dismiss of Defendants American Chemistry Council, et al. and its joinder motions, and DENIES Gencorp’s motion to dismiss.