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MEMORANDUM OPINION AND ORDER
Pending are Plaintiff Komatsu Financial Limited Partnership’s (“Komatsu”) (1) Renewed Motion for Order of Payment By Southern Coal Corporation (“Southern”) to Komatsu Pursuant to Suggestion [ECF Nos. 182-2; 220], filed April 28, 2023, and (2) First Amended Motion for Further Proceedings Pursuant to W. Va. Code § 38-5-18 on James C. Justice Companies, Inc.’s (“JCJC”) Answer to Suggestion (“First Amended Motion”) [ECF 199], filed May 31, 2023.
Memorandum Opinion And Order
Pending before the court are cross-motions for summary filed by Defendant Ranger Scientific, LLC (“Ranger”) [ECF No. 51], and Plaintiff North Avenue Capital, LLC (“NAC”), [ECF No. 53]. Because the motions raise substantially similar arguments in favor of summary judgment, I will dispose of them together. For the reasons stated herein, NAC’s Motion [ECF No. 53] is DENIED, and Ranger’s Motion [ECF No. 51] is GRANTED.
Memorandum Opinion And Order
Pending before the court is Defendants’ Motion to Disqualify Next Friends. [ECF No. 341]. Plaintiffs have responded in opposition. [ECF No. 359]. For the reasons stated herein, the motion is DENIED.
Memorandum Opinion And Order
Pending before the court is Plaintiffs’ Renewed Motion for Class Certification and Appointment of Class Counsel. [ECF No. 318]. For the reasons explained below, the motion is GRANTED in part and DENIED in part.
Memorandum Opinion And Order
Pending before the court is Defendants’ Motion to Dismiss and/or for Summary Judgment. [ECF No. 42]. The motion offers several arguments in favor of dismissal, but the dispositive issue in this case is whether the intra-military immunity doctrine deprives this court of jurisdiction over the claims asserted by Plaintiff, a dual-status technician with both military and civilian roles. For the reasons explained below, I find that it does. Defendants’ motion is GRANTED.
Memorandum Opinion And Order
Pending before the court is Plaintiff’s Motion for Preliminary Injunction [ECF No. 5], and Defendants’ Motion to Dismiss or, in the Alternative, Motion for Summary Judgment [ECF No. 13].
Memorandum Opinion and Order
Granting Motion to Adjust Payment Plan Pursuant to 18 U.S.C. § 3664(k)
Memorandum Opinion and Order
Pending before the court is a Motion for Charging Order filed by Plaintiff SFG Commercial Aircraft Leasing, Inc. (“SFG”). [ECF No. 28]. For the reasons set forth herein, SFG’s Motion is GRANTED in part and DENIED in part.
Memorandum Opinion And Order
Pending are competing motions for summary judgment filed by Plaintiff White Pine Insurance Company ('White Pine") and Intervenor Frank White, Jr. ("White). (ECF Nos. 23, 25). White Pine and White have filed responses, replies, and a surreply, all of which have been considered by the Court. Defendant Interstate Towing, LLC ("Interstate"), has not participated in this action to date, but its involvement is not necessary to resolve the substantive question raised in the complaint for declaratory relief. Therefore, the Court finds the issue fully briefed and ready for resolution.
Memorandum Opinion and Order
West Virginia passed a law that defines “girl” and “woman,” for the purpose of secondary school sports, as biologically female. Under the law, all biological males, including those who identify as transgender girls, are ineligible for participation on girls’ sports teams. B.P.J., a transgender girl who wants to play girls’ sports, challenges the law. The question before the court is whether the legislature’s chosen definition of “girl” and “woman” in this context is constitutionally permissible. I find that it is.