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Memorandum Opinion and Order
Pending before the court are two motions to dismiss. The first is defendant Advanta’s Motion for Partial Dismissal of Plaintiffs' Complaint [Docket 15] challenging the sufficiency of Claims III, V, and VII of the Complaint. The second is a Motion to Dismiss by defendants Chase Home Finance and EMC Mortgage Corporation [Docket 17] seeking dismissal of Claims I, II, III, IV, V, and VII. As explained below, the Motions are GRANTED.
Memorandum Opinion and Order
Pending before the court are the plaintiff Jennifer Workman’s Motion for Summary Judgment [Docket 62], defendants Mingo County Board of Education and Dr. Steven L. Paine’s Motion for Summary Judgment [Docket 98], and defendant Dwight Dials’ Motion for Summary Judgment [Docket 102]. For the reasons explained below, the plaintiff’s Motion is DENIED, and the defendants’ Motions are GRANTED. All other pending motions [Dockets 2, 73, 97, 118] are DENIED as moot.
Memorandum Opinion and Order
Pending is the defendants’ joint motion for summary judgment, filed March 6, 2009. Also pending is the defendants’ motion to exceed the page limit, which motion is ORDERED granted.
Memorandum Opinion and Order
Pending before the court are the parties’ cross motions for summary judgment [Docket 37 and 39]. I DENY the cross motions and REMAND the claim to the plan administrator for further development.
Memorandum Opinion and Order
Pending before the Court is Defendant Diamond Mowers, Inc.’s Motion to Dismiss [doc. no. 10] and Plaintiff Carmichael Equipment, Inc.’s Motion for Leave to File First Amended Complaint [doc. no. 7]. For the following reasons, the Court GRANTS Defendant’s Motion to Dismiss and DENIES as moot Plaintiff’s Motion to Amend.
Memorandum Opinion and Order
Pending before the court is a petition by Itmann Coal Company (“Itmann”) for Enforcement of an Administrative Order or, in the alternative, Contempt Proceedings [Docket 1]. By its Petition, Itmann seeks judicial enforcement of an order from a federal administrative agency, pursuant to 33 U.S.C. § 927(b). Itmann contends that the United States Department of Labor, on August 25, 2005, ordered the respondent, Magdalene Scalf, to repay $50,913.60 for overpayments by Itmann. Ms. Scalf contends that a certification of facts is not properly before the court and the court therefore lacks jurisdiction. She also asserts that the matter is pending before an administrative law judge and that enforcing the order would be premature. For the reasons explained below, the court DENIES the Petition and DISMISSES this action for a lack of subject matter jurisdiction.
Memorandum Opinion and Order
Pending before the court is the defendants’ Motion to Dismiss [Docket 15]. The Motion presents two sets of issues. First, the Motion raises a choice-of-law issue. The defendants contend that Alabama law governs all of the plaintiff’s claims. The plaintiff disagrees and argues that West Virginia law applies to her marketing defect claim. Second, regardless of which state’s substantive law applies, the Motion challenges the sufficiency of the Complaint. As explained below, Alabama law governs the substantive issues in this case, except for the manufacturing defect claim. Furthermore, the plaintiff has sufficiently pleaded her causes of action. The defendants’ Motion is therefore DENIED.
Memorandum Opinion and Order
Pending is plaintiff Roger Wolfe’s motion to remand filed September 24, 2008, contending that two of the defendants failed to consent to the removal of this action from state court within the thirty-day period prescribed by 28 U.S.C. § 1446(b). While the rule of unanimity, applicable here, requires the consent of all defendants in due course served, each defendant has thirty days from service upon him in which to consent. McKinney v. Bd. of Trs. of Md. Cmty. Coll., 955 F.2d 924, 928 (4th Cir. 1992).
Memorandum Opinion and Order
Pending before the court is the plaintiffs’ Motion for Class Certification [Docket 188]. The plaintiffs seek certification of a class of people allegedly harmed by C-8 contamination of their drinking water supply. The plaintiffs have presented compelling evidence that exposure to C-8 may be harmful to human health, and the evidence certainly justifies the concerns expressed by the plaintiffs in this case. What the plaintiffs misunderstand, however, is what they must show in order for me to certify the class. I cannot certify a class based on some potential harm to the general public, rather, there must be specific injuries to each member of the proposed class. The fact that a public health risk may exist is more than enough to raise concern in the community and call government agencies to action, but it does not show the common individual injuries needed to certify a class action. For the reasons set forth below, this court FINDS that the proposed class does not satisfy Rule 23 of the Federal Rules of Civil Procedure. The motion is DENIED.
Memorandum Opinion and Order
Before the Court are the United States’ Petitions to Enforce Internal Revenue Service Administration Summons [Docket 1].1 For the reasons set forth below, the Petitions are GRANTED IN PART and DENIED IN PART.