Memorandum Opinion and Order
Pending is Defendants’ motion to dismiss. The Court GRANTS the motion.
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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.
2:01-cv-00634
Author:
Charles H. Haden II
2:00-cv-01062
Memorandum Opinion and Order
Pending are 1) Plaintiff’s motion for partial summary judgment and a permanent injunction on Counts One, Two, and/or Three and 2) Defendants Norton and Owens’ (Federal Defendants’) motion to dismiss. For reasons discussed below, the Federal Defendants’ motion is DENIED, Plaintiff’s motion for partial summary judgment on Counts Two and Three is GRANTED, and the remaining motions are DENIED as moot.
Author:
Charles H. Haden II
3:99-cv-00274
Order
Pending before the Court is the January 2, 2001 motion of Defendant C. L. Smith Container Company (C. L. Smith) to dismiss for lack of personal jurisdiction. Because exercise of personal jurisdiction by this Court over Defendant C. L. Smith would violate the Due Process Clause of the Fourteenth Amendment, as more thoroughly discussed below, the Court GRANTS Defendant's motion.
Author:
Robert C. Chambers
2:00-cv-00896
Memorandum Opinion and Order
Pending is Plaintiffs renewed motion to remand and the updated motion for summary judgment filed by BAS Technical Employment Placement Company (BAS). The Court DENIES the renewed motion to remand and DENIES as moot the updated motion for summary judgment.
Author:
Charles H. Haden II
2:00-cv-00077
Memorandum Opinion and Order
Pending are motions ( 1) by Plaintiff Sayer Brothers, Inc. (Sayer Brothers) for partial summary judgment on Count 1 (Sayer Brothers' thirty-five million dollar claim for breach of contract) and on Defendant St. Paul Fire & Marine Insurance Company's (St. Paul) counterclaim for declaratory judgment on the same issue; (2) by St. Paul for summary judgment denying Sayer Brothers' claim and finding St. Paul not liable for bad faith on its determination not to pay thirty-five million dollars to Sayer Brothers on the claim; (3) by Sayer Brothers for partial summary judgment as to liability alone on Counts 2 and 3 (breach of duty of good faith and fair dealing and unfair claims settlement practices); (4) by Third-Party (interpleader) Defendant Ames Department Stores, Inc. (Ames) for partial summary judgment (a) on its claims for compensation from St. Paul and (b) on request for release from its lease with Sayer Brothers on grounds of impossibility; and (5) by Sayer Brothers to dismiss Count II of Ames' Supplemental and Amended Cross-Claims.
Author:
Charles H. Haden II
2:99-cv-00490
Proposed Findings and Recommendations
By Amended Standing Order entered October 6, 2000, the District Court referred this civil action to this Magistrate Judge for submission of proposed findings and recommendation for disposition (document # 74). Now pending before the court is the Motion for Summary Judgment filed by defendant Wolfe (# 77). The motion is supported by a memorandum with exhibits (“Def. Mem.,” # 78). Plaintiff, by counsel, filed a response in opposition (“Pl. Resp.,” # 80) with exhibits, and Defendant filed a Reply (# 81) with exhibits.
Author:
Charles H. Haden II
2:01-cv-00054
Memorandum Opinion and Order
Pending are Plaintiff’s motion to remand and Defendants’ motion to dismiss.1 Both motions are DENIED.
Author:
Charles H. Haden II
2:00-cv-00841
Memorandum Opinion and Order
Pending is the motion of Plaintiff West Virginia Housing Development Fund (the Fund) to modify the Scheduling Order and Amend its Complaint. The motion is GRANTED.
Author:
Charles H. Haden II
2:00-cv-00192
Memorandum Opinion and Remand Order
Pending are Plaintiffs’ renewed motions for abstention and remand and Defendants’ motion to transfer venue.1 For reasons that follow, Plaintiffs’ motions for abstention and remand are GRANTED and Defendants’ motion to transfer venue is DENIED as moot.
Author:
Charles H. Haden II
2:00-cv-01062
Corrective Order
The Court AMENDS its Memorandum Opinion and Order filed May 29, 2001.
Author:
Charles H. Haden II