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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.
Memorandum Opinion and Order
Pending is the Attorney General’s motion to remand, filed October 13, 2009.
Order Specifying Relief
On September 1, 2010, the Court entered an Order following closing arguments on the scope and terms of injunctive relief for this matter. That Order addressed part of the relief granted but reserved the balance of any relief pending further consideration by the Court. Since then, the parties have submitted proposals and other information in response to the Order. The Court grants additional relief to supplement the relief granted in its September 1, 2010 Order, the provisions of which are incorporated herein. Therefore, the Court DIRECTS the Clerk of Court to enter the Irrevocable Standby Letter of Credit (Doc. 240, 3:07-cv-00413) in this civil action, and ORDERS as follows:
Memorandum Opinion and Order
Pending before the Court are the defendants’ Motion to Dismiss the Amended Complaint [Doc. 15] and the plaintiffs’ Motion to Compel Arbitration [Doc. 19]. For the reasons that follow, the Court DENIES the defendants’ motion, and GRANTS the plaintiffs’ motion.
Order Specifying Relief
On September 1, 2010, the Court entered an Order granting Plaintiffs’ Motion for Contempt and denying Defendant’s Motion to Modify. That Order addressed part of the relief granted but reserved the balance of any relief pending further consideration by the Court. Since then, the parties have submitted proposals and other information in response to the Order. Contemporaneously with this Order Specifying Relief, the Court has entered a Memorandum Opinion and Order explaining in more detail the basis for the Court’s decision. The Court grants additional relief to supplement the relief granted in its September 1, 2010 Order, the provisions of which are incorporated herein. Therefore, the Court ORDERS as follows:
Memorandum Opinion and Order
Pending before the Court are Apogee Coal Company, LLC (“Apogee”) and Hobet Mining LLC’s (“Hobet”)1 motions to modify the consent decrees (Docs. 149 & 61) in civil actions 3:07-cv0413 and 3:08-cv-0088, respectively; Plaintiffs’ motion for contempt (Doc. 156) in 3:07-cv-0413; and the scope and terms of injunctive relief in 3:09-cv-01167. A trial on the motions was held from August 9, 2010, until August 12, 2010. After trial, the parties represented that they were close to resolving the matter and requested a stay of closing arguments and ruling, in order to allow the parties to continue negotiations. The Court continued the argument, as requested. Over the next three weeks, the Court consulted with the parties on the status of their negotiations on several occasions. The parties represented that a settlement in principal had been reached and requested time to negotiate a joint consent decree. Further continuance was granted.
Memorandum Opinion and Order
The Court has reviewed Defendant’s Objection to Order Quashing Rule 17(c) Subpoena [Docket 244]. The Court has also reviewed Victim’s Response to Defendant’s Objection [Docket 256]; Defendant’s Reply to Victim’s Response [Docket 259]; and Victim’s Supplemental Response [Docket 263]. After careful consideration, the Court affirms the July 20, 2010, Memorandum Opinion and Order [Docket 234] of United States Magistrate Judge R. Clarke VanDervort, and accordingly denies Defendant’s objections and orders the Court’s Subpoena dated June 4, 2010, quashed.
Memorandum Opinion and Order
Pending before the Court is a Motion to Dismiss by Defendants The West Virginia Regional Jail and Correctional Facility Authority (WVRJA) and Terry L. Miller. [Doc. No. 16]. Upon consideration of the arguments by the parties, the Court DENIES Defendants’ motion.
Memorandum Opinion and Order
Pending before the court is the Motion to Dismiss [Docket 18] by the defendant, Birchenough Mortgage Services, Inc. (“BMS”). By its motion, BMS asks the court to dismiss this case for improper venue. BMS alternatively asks that this case be transferred to the United States District Court for the Northern District of West Virginia. The Motion is DENIED.