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Memorandum Opinion and Order
Pending is Defendant’s motion to dismiss and Plaintiff’s Petition to Compel Arbitration and Prohibit Judicial Proceedings. Defendant has neither responded to the Petition, nor replied to the Plaintiff’s response to the dispositive motion.1 The Court DENIES Defendant’s motion and GRANTS Plaintiff’s Petition.
Memorandum Opinion and Order
Currently pending before the Court is Defendant's Motion to Dismiss Plaintiff's Complaint and Defendant's Memorandum in Support of its Motion to Dismiss. In response, Plaintiffs filed Plaintiffs' Response to Defendant's Motion to Dismiss. In reply thereto, Defendant filed Red Roof Inns, Inc.'s Reply Memorandum in_Support of its Motion to Dismiss. Also currently pending before the Court is the Memorandum of Red Roof Inns, Inc. in Support of its Renewed Motion to Dismiss or, Alternatively, Motion for Summary Judgment. In response, Plaintiffs filed Plaintiffs' Response to Defendant's Memorandum in Support of its Renewed Motion to Dismiss or, Alternatively, Motion for Summary Judgment. Finally, in reply thereto, Defendant filed the Reply Memorandum of Red Roof Inns, Inc. in Support of its Renewed Motion to Dismiss or, Alternatively, Motion for Summary Judgment. Having reviewed the aforementioned Motions, all memoranda both in support thereof and in opposition thereto, as well as all relevant case and statutory law, the Court is now prepared to issue its decision.
Memorandum Opinion and Order
This civil action was filed in the Circuit Court of McDowell County, West Virginia, on October 23, 2002. The plaintiff, Judith L. Fleming ("Fleming") is a citizen and resident of West Virginia, who was employed by the Board of Education of Mercer County, West Virginia. The defendant United Teacher Associates Insurance Company ("United Teachers") is a corporation organized and existing under the laws of Texas with a principal place of business in Austin, Texas. Jennifer Seckman ("Seckman") is a citizen and resident of West Virginia, is named as an additional defendant. Seckman is an insurance agent who worked for United Teachers.
Memorandum Opinion and Order
Pending is defendant Marriott Intemalional, Inc.' s motion to dismiss Counts IV and XIV [Docket 151] and defendant Avendra, LLC's motion to dismiss all counts [Docket 18]. For the following reasons, the court DENIES Marriott's motion to dismiss Counts lV and XlV. The court GRANTS in part and DENIES in part Avendra's motion to dismiss all counts. Specifically, the court DISMISSES count VI (fraud) as against Avendra for failure lo plead fraud with specificity.
Memorandum Opinion and Order
Pending is Defendant’s motion for summary judgment.1 The Court GRANTS the motion in part as to the jurisdictional challenge and DISMISSES the case without prejudice to its continued prosecution in the Court of Common Pleas of Allegheny County, Pennsylvania.
Memorandum Opinion and Order
Defendant is charged in a single count indictment alleging possession of a firearm by a prohibited person. The charge emanates from two searches of Defendant’s residence authorized by separate search warrants, the second search having produced a gun. Defendant challenges the sufficiency of the first search warrant and claims that its invalidity precludes the use of the gun against the defendant.
Memorandum Opinion and Order
Pending are the motions of all Defendants for summary judgment on all counts of Plaintiffs’ Second Amended Complaint. For reasons discussed below, the motions are GRANTED in part and DENIED in part.
Order
Pending before the Court is Plaintiff’s Motion to File Third Amended Complaint. For the reasons provided herein, the Court GRANTS Plaintiff’s motion.
Memorandum Opinion and Order
Defendant removed this case to this Court on December 12, 2002. Plaintiffs moved for remand, asserting Defendant’s removal petition was untimely and that this Court lacked subject matter jurisdiction over the action. Defendant contended its removal petition was filed timely and that federal question jurisdiction, pursuant to 28 U.S.C. § 1331, provided a basis for removal of the action. For the reasons that follow, the Court GRANTS Plaintiffs’ motion for remand, and ORDERS the case be REMANDED to the Circuit Court of Raleigh County, West Virginia.
Memorandum Opinion and Order
By memorandum opinion and order entered November 27, 2002, the court denied without prejudice, motions to compel filed by Plaintiff (Document ## 75 and 78) in which Plaintiff sought to compel Defendant to produce certain information and documents and, where a privilege was asserted by Defendant, to produce all allegedly privileged information and documents to the court for in camera review. (Document # 82.) In his motions to compel, Plaintiff argued that the attorney-client privilege and work product doctrines did not apply in this first party insurance bad faith action and, as such, Defendant should be required to turn over protected information. The court rejected Plaintiff’s arguments and determined that it was appropriate to apply established principles of attorney-client privilege and work product doctrine to the discovery at hand. At the time of the court’s November 27, 2002, memorandum opinion and order, the court had not seen a privilege log that had been prepared by Defendant.