Memorandum Opinion and Order

Pending are defendant’s motions (1) to dismiss, and (2) to stay discovery pending a ruling on the motion to dismiss.  The motions were filed respectively on September 13 and October 31, 2005.  The court ORDERS that plaintiff’s motion for leave to file a surreply, filed November 4, 2005, be, and it hereby is, granted.

Memorandum Opinion and Order

Pending before the court are cross motions for summary judgment.  The court GRANTS the plaintiff’s motion for summary judgment [Docket 16] and DENIES the defendant’s motion for summary judgment [Docket 13].

Memorandum Opinion and Order

Pending is a motion for summary judgment brought by defendants Countrywide Home Loans, Inc. (hereinafter “Countrywide”) and Wells Fargo Bank Minnesota, N.A. (hereinafter “Wells Fargo”) pursuant to Rule 56 of the Federal Rules of Civil Procedure.  For the reasons set forth below, the motion is GRANTED in part and DENIED in part.

Memorandum Opinion and Order

On August 5, 1999, plaintiffs were injured when their personal water crafts went over the Robert C. Byrd Locks and Dam on the Ohio river.  The dam is operated by the United States Army Corps of Engineers (Corps) and is owned by the United States.  Although unfamiliar with the section of the river on which they were traveling, plaintiffs had not consulted any navigation charts, chartlets, maps, publications, or other navigational aids.  As they traveled towards the dam, plaintiffs failed to see any of the warning signs posted along the river.  They contend that the signs failed to signal the danger of the dam to watercraft traveling the middle of the river channel, and that some of the warning signs were obscured by bushes and trees.