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.
Memorandum Opinion and Order
This civil action, filed originally in the Circuit Court of Greenbrier County, West Virginia, was removed to this court by the defendant. The plaintiffs have filed a motion to remand. For the reasons discussed below, the motion to remand is DENIED.
Order
Pending before the court are the defendants Cambria County Association's and Superior Filter Company's motions for summary judgment [ dockets # 124 & 126]. For the reasons discussed below, the court GRANTS the defendants' motions.
Memorandum Opinion and Order
Pending before the court are (1) Petitioner's Motion to Quash Respondent's Notice of Deposition Pending Decision Pursuant to Fed. R. Civ. P. 26(C) (1), filed May 17, 2002 (Document# 14); and (2) Motion to Quash or for Protective Order, filed May 28, 2002, by nonparties, Frank Hornick and his employer, District 1199, the Service Employees International Union (Document# 20). The parties and nonparties have responded and replied, the court heard oral argument on July 2, 2002, and the motions are ripe for decision.
Memorandum Opinion and Order
Pending are the motions of Plaintiff Hutchens to remand and Defendant Progressive Paloverde Insurance Company ("Progressive") to dismiss this action based either on Plaintiff's lack of standing or on failure to state a claim upon which relief can be granted. Plaintiff's motion is DENIED, Defendant's motion to dismiss under Rule 12(b){6) is GRANTED and its motion to dismiss for lack of standing is DENIED as moot.
Memorandum Opinion and Order Granting Preliminary Approval of Settlement
Pending are (1) Plaintiffs’ motions (a) for preliminary approval of settlement, and (b) for orders implementing the distribution process; and (2) Defendant’s motion for enlargement of time in which to submit its memorandum supporting the motion for preliminary approval. The Court GRANTS the motions.
Memorandum Opinion and Amended Judgment Order
On June 17, 2002 came the Defendant in person and with counsel, Aimee Jackson, third year law student, and Professor C. Elizabeth Belmont, Director of the Alderson Legal Assistance Program at Washington and Lee School of Law, and came the Government by John J. Frail and also came the Probation Officer, Larry Crawford, for a resentencing hearing.
Memorandum Opinion and Order
Pending are the motions of the Defendants, officers of the Army Corps of Engineers (“Corps”), and Intervenor-Defendants (together “Movants”) for a stay pending appeal and for clarification of the Court’s injunction order of May 8, 2002. Also pending are motions by Plaintiff for further injunctive relief and by Intervenor-Defendant Kentucky Coal Association to dismiss for failure to join a necessary party or, alternatively, to transfer venue.
Memorandum Opinion and Order
Pending is Petitioners’ Application for Confirmation of Arbitrator’s Award. The Court GRANTS the Application.
Memorandum Opinion and Order
Pending is the parties’ briefing with respect to the applicability of Apprendi v. New Jersey , 530 U.S. 466 (2000) to certain potential penalties faced by Defendant in the midst of a petition to revoke his supervised release for the second time.
Memorandum Opinion and Order
On May 2, 2002 the Court heard evidence on Defendant’s motion to suppress. As set forth below, the Court DENIES the motion.