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Memorandum Opinion and Order
Pending before the court is a motion by Appellee H. Lynden Graham Jr., trustee of the bankruptcy estate of Shawnee Hills, Inc., to dismiss the appeal filed by Appellant Huntington National Bank. Graham argues that the appeal should be dismissed because it is both legally and equitably moot. After a hearing and full briefing from the parties, the court GRANTS Graham’s motion to dismiss [Docket 5] and DISMISSES the appeal as equitably moot.
Judgement Order
This is an action alleging unauthorized use of communications in violation of 47 U.S.C. § 605. Plaintiff, Entertainment by J&J, Inc., alleges that the Defendants, Gridiron, Inc., a West Virginia corporation d/b/a/ Gridiron Sports Bar, Tina Runyon, and Donny Kyle, unlawfully and willfully intercepted and exhibited the closed-circuit telecast of the September 18, 1999, championship boxing match between Oscar De La Hoya and Felix Trinidad for commercial gain. Plaintiff filed a motion for entry of default as to Defendants and an entry of default was entered by the Clerk on March 7, 2001. On April 11, 2001, the Court ordered a hearing set for Wednesday, May 2, 2001 for a determination of Plaintiff's request for the maximum amount in statutory damages totaling $170,000 pursuant to 47 U.S.C. §§ 553 and 605. On May 2, 2001, at the aforesaid damages hearing, the Court was informed that Defendants had not been served with notice of hearing. Therefore, the Court ordered that the hearing be continued until Defendants could be served with notice of the damages hearing. The Court rescheduled the damages hearing for June 19, 2001. For administrative reasons, the Court again rescheduled the damages hearing, moving the date of said hearing from June 19, 2001 to June 21, 2001.
Memorandum Opinion and Order
Currently pending before the Court is Plaintiff and Third Party Defendants' Motion for Summary Judgment_ and Plaintiff and Third Party Defendants' Memorandum of Law in Support of Their Motion for Summary Judgment. In response, Defendant/fhird Party Plaintiff filed its Response to Plaintiff's Motion for Summary Judgment and Plaintiff and Third Party Defendants filed Plaintiff and Third Party Defendants' Reply Memorandum of Law in Support of Their Motion for Summary Judgment. Also currently pending before the Court is Defendant/Third Party Plaintiff's Motion for Summary Judgment and Memorandum in Support of Motion for Summary Judgment. In response, Plaintiff and Third Party Defendants filed Plaintiff and Third Party Defendants' Memorandum of Law in Opposition to West Virginia's Motion for Summary Judgment and Defendant/Third Party Plaintiff filed its Reply Memorandum in Support of West Virginia's Motion for Summary Judgment. Having reviewed said motions, all memoranda both in support and opposition, as well as all relevant case and statutory law, the Court hereby GRANTS Plaintiff and Third Party Defendants' Motion for Summary Judgment, DENIES Defendant/Third Party Plaintiff's Motion for Summary Judgment, and DISMISSES WITH PREJUDICE the Third Party Complaint.
Memorandum Opinion and Judgment Order
Currently pending before the Court is Plaintiff's Motion to Remand and Plaintiff's Memorandum of Law in Support of Motion to Remand. In response, Defendant filed a Memorandum of Law in Opposition to Plaintiff's Motion to Remand. Also currently pending before the Court is Defendant's, The Arthur B. Hodges Center, Inc.'s, Motion to Dismiss and Memorandum in Support of Defendant's, The Arthur B. Hodges Center, Inc.'s, Motion to Dismiss. Plaintiff filed Plaintiff's Response to Defendant's Motion to Dismiss and Defendant filed its Reply to Plaintiff's Response to Defendant's Motion to Dismiss. Having reviewed both motions, all memoranda of law both in support and opposition, as well as all relevant case and statutory law, the Court is now prepared to issue its decision.
Memorandum Opinion and Order
Pending before the court is the plaintiff’s motion to remand, in which the plaintiff contends that the defendants’ notice of removal to this court was premature. [Docket 6]. The defendants argue that their notice of removal was timely, as it was filed in accordance with the language of 28 U.S.C. § 1446(b). Section 1446(b) allows removal within thirty days of a defendant’s receipt of a document “from which it may first be ascertained that the case . . . has become removable.” 28 U.S.C. § 1446(b) (2002). For the reasons discussed herein, the court FINDS that a case may not be removed pursuant to the second paragraph of § 1446(b) until a pleading giving rise to federal jurisdiction has been filed. As the defendants’ notice of removal was filed upon the entry of a state court order granting the plaintiff leave to amend her complaint to assert federal claims, rather than upon the filing of the amended complaint itself, the defendants’ removal was premature. Accordingly, the court GRANTS the plaintiff’s motion to remand.
Memorandum Opinion and Order
Pending is defendant Service Wire Company’s motion to transfer venue [Docket 7]. For the following reasons, the court DENIES the defendant’s motion.
Order
Pending is plaintiffs’ motion to dismiss the counterclaims of the defendants. For the following reasons, the court GRANTS the plaintiffs’ motion and DISMISSES the defendants’ counterclaims.
Temporary Restraining Order
This matter comes before the court on the motion for temporary restraining order, filed along with the complaint on May 29, 2002, by plaintiff Joseph Tyler Deveney against defendants Kanawha County Board of Education and Dr. Tom Williams (collectively hereinafter “the Board”). The matter was set for hearing on May 30, 2002, at which time counsel for plaintiff, Alex J. Luchenister and Tom Gillooly, and counsel for defendant, James W. Withrow, appeared. Upon consideration of the affidavit of plaintiff, exhibits and testimony offered at the hearing of this matter and the stipulation of facts as presented by counsel, the court finds as follows.
Memorandum Opinion and Order Denying Remand
Pending is Plaintiff’s motion to remand this action to the Circuit Court of Kanawha County. The motion is DENIED.
Memorandum Opinion and Order
Pending are Defendants’ motion to dismiss for failure to state a claim upon which relief may be granted and Plaintiffs’ motion for a preliminary injunction. The Court GRANTS Defendants’ motion in part and DISMISSES all counts of the Complaint except Counts IV and VI, alleging a violation of constitutional rights of equal protection and a violation of civil rights. Count VI is retained solely as it pertains to the equal protection count. Because Count I for injunctive relief is DISMISSED, Plaintiffs’ motion for a preliminary injunction is DENIED as moot.