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
Now pending is Plaintiffs’ Motion for Ruling on the Substantive Basis of Plaintiffs’ Motion to Remand, which the court will treat as a motion to dismiss for lack of subject matter jurisdiction. For the reasons that follow, the motion is DENIED.
Order
Currently pending before the Court is Defendants Amos Simmons’ and Deborah Morris’ motion to dismiss this claim as it relates to them pursuant to Federal Rule of Civil Procedure 12(b)(1). The defendants contend that they are not proper defendants to this suit because the Family and Medical leave Act (hereinafter the “FMLA”), 29 U.S.C. § 2601 et seq., does not provide for individual liability for employees of public agencies. For the reasons stated below, the defendants’ motion is DENIED.
Memorandum Opinion and Order Affirming the Appealed Order of the Bankruptcy Court
Pending is an appeal from a January 9, 2001 Order of the Bankruptcy Court, the Honorable Ronald G. Pearson presiding. The Order discharged the student loan obligations of Appellee Geoffrey Ifenay Ekenasi. The Court AFFIRMS Judge Pearson’s Order.
Memorandum Opinion and Remand Order
Pending are the emergency motion of 1) Honeywell International Inc. (Honeywell) to accept removal papers and deem them filed as of December 27, 2001, 2) the motion of Plaintiffs seeking abstention or remand in the cases tendered for removal, and 3) Honeywell’s motion for temporary stay of Plaintiffs’ motion. For reasons discussed below, Honeywell’s motion to accept removal papers is GRANTED, Plaintiffs’ motion to remand is GRANTED, and Honeywell’s motion to stay is DENIED.
Memorandum Opinion and Order
On September 19, 2001 the Government filed an Information charging Defendant possessed with intent to distribute more than five (5) grams of cocaine base in violation of 21 U.S.C. § 841(a)(1).
Memorandum Opinion and Order
Pending is Defendants’ motion for summary judgment on all issues. For reasons discussed below, the motion is GRANTED.
Memorandum Opinion and Order
Pending are the motions of Plaintiffs in these civil actions 1) to remand them to the Circuit Court of Kanawha County, West Virginia, 2) to abstain from hearing these claims, or 3) to enjoin their transfer to the District Court for the District of Delaware (Delaware court). For reasons discussed below, the Court GRANTS the motion for remand. The remaining motions are DENIED as moot.
Order
Pending before the court is Plaintiffs’ Motion for Leave to Take Limited Deposition, filed September 11, 2001. (Document # 3.) In their Motion, Plaintiffs seek leave to take a limited deposition of Bob Bumpus of Defendant Americredit Financial Services, Inc. (Americredit) for the purposes of learning the identity of John Doe corporations named in the Complaint and, more recently, the Amended Complaint. Americredit responded on October 30, 2001, opposing Plaintiffs’ Motion. (Document # 23.) The court heard oral argument on October 31, 2001.
Order Overruling Objection to Magistrate Judge's Ruling
Pending is the objection of Defendant Americredit Financial Services, Inc. (Americredit) to Magistrate Judge Mary Stanley Feinberg’s November 1, 2001 Order granting Plaintiffs’ motion to take the limited deposition of Bob Bumpus of Americredit, pursuant to Rule 26(d). Fed. R. Civ. P. 26(d).1 Plaintiffs requested the deposition for the purpose of learning the identities of John Doe Corporations listed as Defendants in the Amended Complaint.
Memorandum Opinion and Order
Pending are (1) Defendants’ (the Corps’) motion for change of venue, pursuant to 28 U.S.C. § 1404(a), to the Eastern District of Kentucky, and (2) motions by Kentucky Coal Association, Pocahontas Development Corporation, and AEI Resources, Inc. to intervene as defendants. For reasons discussed below, the Court DENIES the Corps’ motion for change of venue. The motions of Kentucky Coal Association and Pocahontas Development Corporation to intervene are GRANTED.1