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Memorandum Opinion and Order
Pending before the court is the plaintiff’s Motion to Remand this action to the Circuit Court of Kanawha County, West Virginia [Docket 5]. For the following reasons, the court FINDS that the plaintiff’s claims are not completely preempted and GRANTS the plaintiff’s motion to remand.
Memorandum Opinion and Order
Pending before the Court are multiple motions and cross-motions for summary judgment in OVEC v. Coal-Mac, 3:10-0833, and OVEC v. Independence, 3:10-836. In Coal-Mac, pending are Plaintiffs’ Motion for Partial Summary Judgment, for Declaratory and Injunctive Relief, and to Schedule a Hearing on the Scope of Injunctive Relief (Doc. 5); Defendants’ Motion for Stay of Proceedings Pending Resolution of Negotiations Between Arch Coal, Inc. and the United States Environmental Protection Agency (Doc. 13); Coal-Mac’s Cross-Motion for Partial Summary Judgment (Doc. 18); Plaintiffs’ Second Motion for Partial Summary Judgment and for Declaratory and Injunctive Relief and Civil Penalties (Doc. 26); and Coal-Mac, Inc. and Mingo Logan Coal Company’s Cross-Motion for Partial Summary Judgment (Doc. 37). In Independence, pending are Plaintiffs’ Motion for Partial Summary Judgment and for Declaratory and Injunctive Relief and Civil Penalties (Doc. 14) and Defendants’ Cross-Motion for Partial Summary Judgment (Doc. 24). Also pending are Plaintiffs’ Motions to File Surreply to Defendants’ Supplemental Authority in Support of Defendants’ Cross Motions for Summary Judgment in Coal-Mac (Doc. 76) and Independence (Doc. 57). Both these latter motions are GRANTED, and Plaintiffs’ memorandums were considered in the disposition of these motions.
Memorandum Opinion and Order
Pending before the court is the Motion for Summary Judgment filed by the defendant, BAC Home Loans Servicing, LP (“BAC”) [Docket 22]. BAC’s position rests primarily on preemption, an important constitutional doctrine that draws its force from the Supremacy Clause of the U.S. Constitution. Preemption reflects the principle that, in the collective wisdom of Congress, the laws of the several States must sometimes give way to a set of nationally uniform rules and regulations. Nevertheless, because part of the genius of our constitutional Republic stems from its preservation of dual sovereigns, federal preemption of state law is not something to be undertaken lightly. BAC’s briefing accords these principles little weight.
Memorandum Opinion and Order
Pending before the court are a Motion to Vacate Any and All Default and Other Judgments [Docket 42], filed by the defendant Timothy Donahue, and a Motion to Vacate Any and All Default and Other Judgments [Docket 45], filed by the defendant Barbara Donahue. For the reasons provided below, both motions are DENIED.
Memorandum Opinion and Order
Pending is plaintiff Roger Wolfe’s motion for award of attorneys’ fees, costs and expenses, filed December 18, 2009. Plaintiff seeks a total of $299,560.17 in attorneys’ fees, $37,355.19 in costs, and $52,059.42 in expert witness expenses.1
Memorandum Opinion
This is an action seeking review of the decision of the Commissioner of Social Security (hereinafter the “Commissioner”) denying Claimant’s applications for disability insurance benefits (“DIB”) and supplemental security income (“SSI”), under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401-433, 13811383f. (Docket No. 1). Both parties have consented in writing to a decision by the United States Magistrate Judge. (Docket Nos. 5 and 6). The case is presently pending before the Court on the parties’ cross motions for judgment on the pleadings as articulated in their briefs. (Docket Nos. 11 and 15).
Memorandum Opinion and Order
Pending before the court are the defendant’s Motion for Summary Judgment [Docket 65] and the plaintiffs’ Motion to Certify Class [Docket 68]. For the reasons discussed below, the defendant’s Motion for Summary Judgment is GRANTED in part; the plaintiffs’ Motion to Certify Class is DENIED as moot. The court ORDERS that judgment be entered for the defendant on Counts One, Two, and Three of the plaintiffs’ Complaint. The court declines to exercise supplemental jurisdiction over Count Four of the plaintiffs’ Complaint, and, accordingly, DISMISSES Count Four without prejudice.
Memorandum Opinion and Order
This is an action for declaratory relief brought by the plaintiff CSX Transportation, Inc. (“CSX”) against the defendant Tim Collins as the administrator and personal representative of the estate of Willie Collins, pursuant to 28 U.S.C. § 2201 and 28 U.S.C. § 1332. CSX seeks a declaration that the defendant must indemnify it for any costs and expenses it incurs as a result of his decision to file a concurrent Kentucky lawsuit on behalf of the decedent. Further, CSX seeks a declaration that the State court lawsuit is precluded by a release clause signed by the decedent. Currently pending is the defendant’s Motion to Dismiss. [Doc. 3] For the reasons that follow, the Court GRANTS the motion and DISMISSES this action WITHOUT PREJUDICE.
Memorandum Opinion and Order
Pending before the court is Class Counsel’s Motion for Award of Attorney Fees, Incentive Awards for Class Representatives, and Reimbursement of Expenses [Docket 215]. Class Counsel1 seek a fee award equivalent to 25% of the Settlement Fund. Class Counsel also seek $96,113.54 for out-of-pocket expenses and a $25,000 incentive award for each named Class Representative.
Memorandum Opinion and Order
Pending is Defendants’ Motion to Dismiss. [Doc. 9]. All issues have been fully briefed, and are now ripe for resolution. For the reasons that follow, the motion is GRANTED in part and DENIED in part.