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Memorandum Opinion and Order
Pending before the court is the Defendant Wachovia’s Objections to the Magistrate Judge’s Order compelling discovery of the non-public personal information of the defendant’s customers. For the reasons that follow, the court AFFIRMS the Magistrate Judge’s order.
Order
Currently pending before the Court are two interrelated motions by the Government. In its first motion, the Government requests the Court dismiss Plaintiff Naomi McDavid’s Amended Complaint for failure to state a claim upon which relief can be granted and/or for summary judgment. In its second motion, the Government asks the Court to dismiss Mrs. McDavid’s wrongful death and loss of consortium claims for lack of subject matter jurisdiction. Upon review, and for the following reasons, the Court DENIES both motions.
Memorandum Opinion and Order
Currently pending before the court are (1) a Motion to Dismiss, filed by the Public Service Commission (“PSC”) and its Commissioners, named in their official capacities (collectively referred to as “PSC Defendants”), on August 5, 2003 (docket sheet document # 18); (2) a Motion to Dismiss, filed August 6, 2003, by the WV Association of Solid Waste Haulers and Recyclers (“SWH”) (# 20); and (3) a Motion to Dismiss, filed August 6, 2003, by BFI Waste Systems of North America (“BFI”) (# 22). Plaintiffs responded on August 20, 2003 (# 28), and the PSC Defendants (# 31) and BFI (# 32) replied on September 2, 2003, and September 4, 2003, respectively. The parties consented to proceeding before a magistrate judge, pursuant to 28 U.S.C. § 636(c)(1), and the motions are now ripe for decision.
Memorandum Opinion and Order
Pending is the motion of all Defendants except Edgar W. Friedrichs, Jr. (Friedrichs) to dismiss this action because its claims are time-barred and because it fails to state a claim pursuant to Rule 12(b)(6).
Memorandum Opinion and Order
Pending is a petition to revoke Defendant's supervised release. On October 20, 2003 came the Defendant, David Hamler, Jr., in person and with counsel, Michael L. Dasautels, Assistant Federal Public Defender and came the Government, by Assistant United States Attorney Stephanie L. Ojeda. Came also the Probation Officer, Lola I. Toney, for a hearing on the petition.
Memorandum Opinion and Order
Pending before the court is HealthNet, Inc.’s Motion to Disqualify Counsel [Docket 148]. For the reasons that follow, the motion is GRANTED.
Opinion
Pending before the court is plaintiffs’ motion to dismiss its Magnusson-Moss Warranty Act Claims (doc. 5). For the reasons given below, the motion is hereby GRANTED, and, accordingly, the case is REMANDED to the Circuit Court of Wyoming County, West Virginia.
Remand Order
For the reasons discussed in the court’s Memorandum Opinion filed today, the court finds that this action was removed improvidently and without jurisdiction. It is therefore ORDERED that this action be, and it is hereby, remanded to the Circuit Court of Wyoming County, West Virginia.
Order
Pending is the plaintiffs’ Motion to Remand the above-styled action to the Circuit Court of Mason County, West Virginia. For the reasons stated below, the Court GRANTS the motion.
Memorandum Opinion and Order
Pending is Defendant Sears, Roebuck and Company’s (“Sears”) motion for summary judgment. The Court GRANTS the motion.