The Southern District of West Virginia offers a database of opinions starting in the year 2001, listed by year and judge. For a more detailed search, enter the keyword or case number in the search to the right or sort using the drop-downs below.
Sealed Ex Parte Memorandum Opinion and Order
Pending are defendant George Lecco's ex parte, sealed motion in limine to permit testimony by his penalty phase expert, filed March 14, 2007, and the government’s motion to exclude the expert witness’ testimony, filed March 21, 2007.
Order
Pending before the court is the parties’ joint motion for vacatur pursuant to Federal Rule of Civil Procedure 60(b)(6). For the following reasons, the motion is DENIED.
Memorandum Opinion and Order
Pending before the court is plaintiffs’ motion, filed January 8, 2004, seeking to remand the above-captioned civil action to the Circuit Court of Kanawha County, West Virginia.
Memorandum Opinion and Order
Plaintiffs brought this action seeking declaratory relief that the U.S. Army Corps of Engineers violated the Clean Water Act and the National Environmental Policy Act in issuing four permits to fill headwater streams in conjunction with mountaintop removal coal mining. Plaintiffs request injunctive relief to prevent the conduct authorized under these permits and seek judicial review of the agency’s decisions under the Administrative Procedure Act. For the reasons stated below, the Court GRANTS judgment in favor of Plaintiffs, RESCINDS the permits and decisions, ENJOINS Defendants and Intervenors from all activities authorized under those permits, and REMANDS the permits to the Corps for further proceedings consistent with this Memorandum Opinion and Order.
Memorandum Opinion and Order
Pending before the Court is Defendants’ Motion to Compel Arbitration and Stay Claims. The Court DENIES the Motion. Also, Plaintiffs sought leave to file a surreply to Defendants’ Reply. The Court GRANTS Plaintiffs’ Motion and has reviewed Plaintiffs’ Surreply in making the determination on the issue of what law applies in this controversy.
Memorandum Opinion and Judgement Order on Motion to Dismiss
Pending before the court is defendant Jennifer Meadows’ motion to dismiss this action pursuant to Federal Rule of Civil Procedure 12(b)(1) and (6). (Doc. No. 7.) For the reasons set forth below, defendant’s motion is hereby GRANTED.
Memorandum Opinion
Before the Court is Defendants’ Motion to Dismiss Complaint for Declaratory Judgment [Docket 11]. For the reasons stated herein, the motion is GRANTED.
Memorandum Opinion and Order
Pending before the court is the petitioner’s Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 [Docket 338]. This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court grant the petitioner’s § 2255 motion. Neither party filed objections to the Magistrate Judge’s findings and recommendation.
Memorandum Opinion and Order
Before the Court is Plaintiffs’ Motion for Remand [Docket 7] and Defendants’ Motion to Dismiss Defendant Joseph Zupanick [Docket 3]. For the reasons stated herein, Plaintiffs’ motion is DENIED and Defendants’ motion is GRANTED.
Memorandum Opinion and Order
Pending are the parties’ briefs seeking judgment on the pleadings. The plaintiff’s brief was filed December 27, 2005. The defendant’s brief was filed January 26, 2006. On August 29, 2006, the court received the proposed findings and recommendation of the United States Magistrate Judge. On September 8, 2006, the Commissioner objected. On September 12, 2006, the court directed the plaintiff to respond to the Commissioner’s objections. On September 15, 2006, plaintiff’s response was received.