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Memorandum Opinion and Order
Pending before the court is the plaintiffs’ Motion for Leave to File Amended Complaint for Declaratory and Injunctive Relief and for Civil Penalties [Docket 19]. For the reasons stated below, the plaintiffs’ motion is GRANTED. The plaintiffs are DIRECTED to file their proposed amended complaint within ten days of this Order.
Memorandum Opinion and Order
Pending before the court are the Plaintiffs’ Motion for Partial Summary Judgment [Docket 131], and multiple motions for summary judgment filed by the defendants [Dockets 133, 143, and 169]. For the reasons stated below, the following is ORDERED: With respect to Count II (breach of contract), the Plaintiffs’ Motion for Partial Summary Judgment [Docket 131] is GRANTED in part and DENIED in part in accordance with this opinion; the Defendants’ Joint Motion for Summary Judgment [Docket 169] is GRANTED in part and DENIED in part in accordance with this opinion; and the Motion for Summary Judgment of Defendants EQT Corporation, EQT Energy, LLC, EQT Gathering, Inc. EQT Gathering Equity, LLC, EQT Investment Holdings, LLC, and EQT Gathering, LLC [Docket 133] is DENIED. With respect to Count III (breach of fiduciary duty) the defendants’ motions [Docket 133 and 143] are GRANTED. With respect to Count I (failure to account), Count IV (fraud), Count V (negligent misrepresentation), Count VI (civil conspiracy/joint venture), Count VII (aiding and abetting a tort), and Count VIII (punitive damages), the defendants’ motions [Dockets 133, 143, and 169] are DENIED.
Memorandum Opinion and Order
Now before the court are Plaintiff’s Motion for Summary Judgment and Memorandum of Law [Docket 32] and Defendants’ Motion for Summary Judgment [Docket 34]. These motions are ripe for review. For the reasons set forth herein, Plaintiff’s Motion for Summary Judgment and Memorandum of Law [Docket 32] is DENIED and Defendants’ Motion for Summary Judgment [Docket 34] is GRANTED.
Memorandum Opinion and Order
Pending before the court is the plaintiff’s Motion for a Temporary Restraining Order and Preliminary Injunction [Docket 5]. On October 2, 2013, I entered a Temporary Restraining Order [Docket 13] prohibiting the defendants from enforcing Parkersburg Codified Ordinance 347.28. I held a hearing on October 9, 2013, to determine whether to enter a preliminary injunction. For the reasons described below, the plaintiff’s motion is GRANTED. The defendants are ENJOINED from enforcing Parkersburg Codified Ordinance 347.28 pending a trial on the merits.
Memorandum Opinion and Order
Pending before the court is Plaintiff’s Motion to Amend the Complaint [Docket 34]. A response was filed [Docket 38], and the motion is ripe for review. For the reasons set forth below, Plaintiff’s Motion to Amend the Complaint [Docket 34] is DENIED.
Memorandum Opinion and Order
Pending are cross-motions for partial summary judgment filed by Plaintiffs Ohio Valley Environmental Coalition, Inc., West Virginia Highlands Conservancy, Inc., Coal River Mountain Watch, and Sierra Club (“Plaintiffs”), ECF No. 55, and Defendant Marfork Coal Co., Inc. (“Marfork”), ECF No. 50. For the reasons stated below, the Court GRANTS in part Marfork’s motion as to the lack of standing of three of the plaintiffs, but otherwise DENIES the parties’ motions.
Memorandum Opinion and Order
Pending are defendant Marcus Wyn Taylor's motion to suppress evidence, filed December 13, 2012, supplemental motion to suppress evidence, filed December 27, 2012, and second supplemental motion to suppress evidence, filed January 14, 2013.
Pretrial Order #64
(AMS's Motion for Permission to Meet with Dr. Moore)
Defendant American Medical Systems, Inc. (“AMS”) moves this court for an order permitting AMS to meet ex parte with Dr. Robert Moore prior to his deposition scheduled on May 29, 2013, (ECF No. 643, 657), and seeks an expedited ruling on its motion. (ECF No. 645). Plaintiffs have responded to the motion, and AMS has filed supporting and reply memoranda. (ECF Nos. 644, 658, 664, 668). Consequently, the issue before the court has been fully briefed and is ready for resolution. For the reasons that follow, the court GRANTS AMS’s request for an expedited resolution of the motion and further GRANTS AMS’s motion and amended motion for permission to meet with Dr. Moore.
Memorandum Opinion and Order
Pending are defendant Marcus Wyn Taylor's motion to suppress evidence, filed December 13, 2012, supplemental motion to suppress evidence, filed December 27, 2012, and second supplemental motion to suppress evidence, filed January 14, 2013.
Memorandum Opinion and Order
Pending before the Court are Plaintiff’s motion to remand this action to the Circuit Court of Mason County, ECF No. 10, and Defendants’ motion to stay pending transfer to federal multidistrict litigation, ECF No. 21. For the following reasons, the Court DENIES Defendants’ motion to stay and GRANTS Plaintiff’s motion to remand.