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Opinions

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.

2:03-cv-02433

Memorandum Opinion and Order

Pending is Plaintiff Brenda Campbell’s motion to remand. The Court DENIES the motion.

Author:
Charles H. Haden II
2:02-cv-01260

Memorandum Opinion and Order

Pending before the court is the plaintiffs’ motion for entry of default judgment and sanctions [Docket 106].  The matter was referred to Magistrate Judge Mary E. Stanley.  Magistrate Judge Stanley treated the plaintiffs’ motion as dispositive under Federal Rule of Civil Procedure 72(b) and issued proposed findings and a recommendation that the court deny the plaintiffs’ motion [Docket 123].  The plaintiffs timely filed objections to the findings and recommendation by the Magistrate Judge [Docket 126].  For the reasons that follow, the court AFFIRMS Magistrate Judge Stanley’s findings.

Author:
Joseph R. Goodwin
2:03-cv-02286

Memorandum Opinion and Order

Pending are the motions of Volvo Logistics North America, Inc. (Volvo Logistics)  1) to dismiss for lack of personal jurisdiction and insufficiency of service of process, 2) to transfer to the United States District Court for the Western District of Virginia at Roanoke, and 3) to dismiss for failure to state a claim upon which relief can be granted, the last motion made jointly with Volvo Trucks North America, Inc. (Volvo Trucks).  The motions to dismiss for lack of personal jurisdiction and insufficiency of service of process are DENIED without prejudice.  Because the Court also GRANTS the motion to transfer the action to the Bluefield division, the remaining motion will be transferred to Chief Judge Faber for resolution.

Author:
Charles H. Haden II
2:03-cv-00418

Opinion and Order

Pending before the court is the plaintiff's Motion for Summary Judgment [Docket 13]. The plaintiff originally petitioned the Circuit CourtofKanawha County, West Virginia to set aside a deed to her property that the defendants obtained through West Virginia's tax sale procedure. The defendants timely removed the action to this court which has diversity jurisdiction pursuant to 28 U.S.C. § 1332.

Author:
Joseph R. Goodwin
5:03-cr-00262

Order

Pending is Defendant’s motion to dismiss the indictment filed in this case (doc. no. 9).   The Court has considered the motion, the Government’s response, and the evidence and oral argument received on January 5, 2004.  For the reasons stated herein, the motion is DENIED.

Author:
Robert C. Chambers
3:03-cv-00833

Order

Pending is Plaintiffs’ Motion to Remand.  For the reasons stated herein, the motion is DENIED.

Author:
Robert C. Chambers
1:00-cv-00655

Memorandum Opinion

By Order dated December 31, 2003, the court denied Grant Thornton’s Motion to Disqualify the Federal Deposit Insurance Corporation’s (“FDIC”) Expert, Douglas Carmichael (doc. # 25).  The reasons for that decision follow.

Author:
David A. Faber
1:00-cv-00655

Order

Pending before the court is Grant Thornton’s Motion to Disqualify the Federal Deposit Insurance Corporation’s (“FDIC”) Expert, Douglas Carmichael (doc. # 25).  For reasons discussed in the memorandum opinion to be filed forthwith, that motion is DENIED.

Author:
David A. Faber
2:99-cr-00012

Memorandum Opinion and Order

Pending are Defendants’ motions for various forms of relief in this case, which was remanded from our Court of Appeals before decision on direct appeal.

Author:
Charles H. Haden II
6:02-cv-00911

Memorandum Opinion and Order

Pending before the court is the Defendant Wachovia’s Objections to the Magistrate Judge’s Order compelling discovery of the non-public personal information of the defendant’s customers.  For the reasons that follow, the court AFFIRMS the Magistrate Judge’s order.

Author:
Joseph R. Goodwin

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