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Memorandum Opinion and Order
Pending before the court are Elkay Mining Company’s Motion to Dismiss [Docket 7] and Elkay Mining Company’s Motions for Leave to File Newly-Acquired Authority [Dockets 16 and 21]. For the reasons discussed below, the Motions for Leave to File Newly-Acquired Authority are GRANTED and the motion to dismiss is DENIED.
Memorandum Opinion and Order
Mr. Sawyer’s case was brought pursuant to 28 U.S.C. § 1983. He claimed that Deputy Asbury violated his due process right to be free from excessive force while being held as a pretrial detainee. The jury found for the defendant.
Memorandum Opinion and Order
Pending before the court is the defendant Prompt Recovery Services, Inc.'s ("PRS") Combined Civil Rule 12(b)(2) and 12(b)(6) Motion to Dismiss [Docket 14]. For the reasons discussed below, the defendant's Rule 12(b)(6) Motion to Dismiss is GRANTED and the defendant's Rule 12(b)(2) Motion to Dismiss is DENIED as moot.
Memorandum Opinion and Order
This case is before the court following the Judgment of the court of appeals entered December 30, 2010. The issue for consideration is whether defendant William Samuel Chester's conviction for illegal possession of a firearm under 18 U.S.C. § 922(g)(9) works a deprivation of the rights guaranteed him under the Second Amendment.
Memorandum Opinion and Order
Pending is Plaintiff’s Motion to Remand and for Costs and Fees (ECF No. 14). For the reasons given below, the motion is GRANTED as to remand and DENIED as to costs and fees.
Memorandum Opinion and Order
Pending is plaintiffs’ motion to remand, filed May 31, 2011. Also pending are the motion of defendant Thomas A. Zamow (“nondiverse defendant”) to dismiss, filed September 8, 2011, and the motion of defendants Bank of America, N.A. (“Countrywide”), BAC Home Loans Servicing, LP (“BAC”), and The Bank of New York Mellon, N.A. (“Mellon”) (collectively, “diverse defendants”) to dismiss, filed September 14, 2011.
Memorandum Opinion and Order
Pending before the court are the Motion by Sedgwick Claims Management Services, Inc. for Summary Judgment [Docket 148], the Plaintiffs’ Motion for Summary Judgment [Docket 150], and the Plaintiffs’ Motion for Conditional Certification and Court-Authorized Notice Pursuant to Section 216(b) of the FLSA [Docket 157]. For the reasons discussed below, the defendant’s Motion for Summary Judgment is GRANTED, the plaintiffs’ Motion for Summary Judgment is DENIED, and the Plaintiffs’ Motion for Conditional Certification is DENIED as moot.
Memorandum Opinion and Order
Currently pending are Plaintiffs’ Motion for Leave to File a Supplemental Complaint (ECF No. 46) and Plaintiffs’ Motion for a Protective Order (ECF No. 77). For the reasons set forth below, the Court DENIES Plaintiffs’ Motion for Leave to File a Supplemental Complaint and DENIES as moot Plaintiffs’ Motion for a Protective Order.
Memorandum Opinion and Order
Pending before the court are the plaintiff Logan & Kanawha Coal Co., LLC’s (“Logan”) Motion to Confirm Arbitration Award [Docket 1] and the defendant Detherage Coal Sales, LLC’s (“Detherage”) Motion to Vacate Arbitration Award [Docket 9]. For the reasons discussed below, the court DENIES the plaintiff’s Motion to Confirm Arbitration Award [Docket 1] and GRANTS the defendant’s Motion to Vacate Arbitration Award [Docket 9].
Memorandum Opinion and Order
The Jefferson County Commission and two of its commissioners, Patricia Noland and Dale Manuel, both of whom reside in Jefferson County, West Virginia, and each proceeding in his or her individual capacity, filed this suit on November 4, 2011, challenging the congressional apportionment enacted by the State of West Virginia following the 2010 census. In their Complaint, the plaintiffs name as defendants Secretary of State Natalie E. Tennant, Governor Earl Ray Tomblin, State Senate President Jeffrey Kessler, and Speaker Richard Thompson of the West Virginia House of Delegates, each in his or her official capacity. Pursuant to 28 U.S.C. § 2284, this three-judge district court was duly appointed by the Chief Judge of the Court of Appeals for the Fourth Circuit to consider the plaintiffs' claims. The trial of the matter took place at The Robert C. Byrd United States Courthouse in Charleston on December 28, 2011, and it is now ripe for decision.