REPORT AND RECOMMENDATION CLAIMANT'S MOTION FOR SUMMARY JUDGMENT BE DENIED AND COMMISSIONER'S MOTION FOR SUMMARY JUDGMENT BE GRANTED JAMES E. SEIBERT, Magistrate Judge. I. Introduction A. Background Plaintiff, William Patrick O'Connor, (hereinafter "Claimant"), filed his Complaint on October 5, 2010, seeking judicial review pursuant to 42 U.S.C. 405(g) of an adverse decision by Defendant, Commissioner of Social Security, (hereinafter "Commissioner"). 1 Commissioner filed his Answer...
MEMORANDUM OPINION AFFIRMING ORDER OF THE BANKRUPTCY COURT JOHN PRESTON BAILEY, Chief Judge. Pending before the Court is an appeal filed by Alex Rahmi challenging the June 21, 2011, decision of the United States Bankruptcy Court for the Northern District of West Virginia ("Bankruptcy Court"). In that decision, the Bankruptcy Court denied Mr. Rahmi's Motion to Amend Judgement [ sic ] dated April 20, 2011[,] and to Invalidate [F]oreclosure [S]ale. This Court has already addressed the...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, Chief Judge. On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R & R") of United States Magistrate Judge James E. Seibert [Doc. 18] and the defendant's Objections thereto [Doc. 19]. Pursuant to 28 U.S.C. 636(b)(1)(C), this Court is required to make a de novo review of those portions of the magistrate judge's findings to which objection is made. However, failure to...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT JOHN PRESTON BAILEY, District Judge. The above-styled case is presently before the Court on Plaintiff's Motion for Summary Judgment [Doc. 62], filed on October 4, 2010; Defendants' Motion for Summary Judgment [Doc. 61], filed on October 4, 2010; plaintiff's Response [Doc. 65], filed on October 21, 2010; defendants' Response [Doc. 64], filed on October 21, 2010; plaintiff's Reply [Doc....
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION TO REMAND, GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS, GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND DENYING AS MOOT DEFENDANT'S MOTION TO STRIKE FREDERICK P. STAMP, JR., District Judge. I. Procedural History The husband and wife plaintiffs filed this civil action in the Circuit Court of Hancock County, West Virginia on March 3, 2011. The plaintiffs seek compensatory and punitive...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT JOHN PRESTON BAILEY, District Judge. Currently pending before this Court are Defendant PHH Mortgage Corporation's Motion for Summary Judgment [Doc. 71] and Defendant Federal National Mortgage Association's Motion for Summary Judgment [Doc. 74], both filed May 16, 2010. The plaintiffs responded on June 10, 2011 [Doc. 87], and the defendants replied on June 28, 2011 [Docs. 95 & 97]. This Court has reviewed the...
MEMORANDUM OPINION AND ORDER JOHN PRESTON BAILEY, District Judge. Currently pending before this Court is Defendant ICG Eastern, LLC's ("ICG") Motion to Dismiss [Doc. 6], filed April 25, 2011. The plaintiff responded to the Motion to Dismiss on May 12, 2011 [Doc. 9], and the defendant replied on May 23, 2011 [Doc. 10]. The Court has reviewed the record and the arguments set forth by the parties and, for the reasons set forth below, concludes that the Motion to Dismiss should be GRANTED....
ORDER JOHN PRESTON BAILEY, District Judge. Pending before this Court are Plaintiff's Motion for Summary Judgment (Doc. 14) and Defendant's Motion for Summary Judgment (Doc. 16). On April 18, 2011, Magistrate Judge James E. Seibert filed his Report and Recommendation (R & R) (Doc. 18) in the above-styled matter wherein the parties were directed, in accordance with 28 U.S.C. 636(b)(1), to file with the Clerk of Court any written objections within fourteen (14) days after being served with a...
MEMORANDUM OPINION AND ORDER DECLARING THAT PLAINTIFF HAS NO DUTY TO DEFEND ITS INSUREDS [DKT. NO.3], AND DISMISSING CASE WITH PREJUDICE IRENE M. KEELEY, District Judge. I. INTRODUCTION In this case, the Court must decide whether the plaintiff, Erie Insurance Property & Casualty Company, Inc. ("Erie"), has a duty to defend the defendants, Craig A. Edmond ("Mr. Edmond"), Janet Edmond ("Mrs. Edmond"), and Dreamland Development, LLC, d/b/a Pleasant Day Schools ("Pleasant Day Schools") (...
ORDER GRANTING DEFENDANTS' MOTION TO DISMISS JOHN PRESTON BAILEY, District Judge. I. Introduction Pending before this Court is the Motion to Dismiss by Defendants American Public Education, Inc., Wallace E. Boston, Jr., and Harry T. Wilkins [Doc. 59], which was filed on March 10, 2011. Following an extended briefing period, the plaintiffs filed their response in opposition [Doc. 61] on April 25, 2011, and defendants filed their reply [Doc. 62] on May 16, 2011. The defendants also filed a...
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION TO DISMISS DEFENDANTS' COUNTERCLAIMS JOHN PRESTON BAILEY, District Judge. Pending before this Court is the plaintiff's Motion to Dismiss Defendants' Counterclaims [Doc. 35], filed September 28, 2011. The defendants responded on October 31, 2011 [Doc. 42], and the plaintiff replied on November 10, 2011 [Doc. 50]. This Court, having reviewed the motion and the memoranda submitted with regard thereto, finds that the plaintiff's...
ORDER DENYING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT AND GRANTING PARTIAL SUMMARY JUDGMENT FOR PLAINTIFF JOHN PRESTON BAILEY, District Judge. Pending before this Court are the defendants Dottie Riggleman, Joyce Riggleman, and David Jones' Motion for Summary Judgment on Plaintiff's Amended Complaint [Doc. 226] and the defendant Grant County Board of Education's ("GCBOE") Motion for Partial Summary Judgment [Doc. 221] and Joinder in Motion of Defendants Dottie Riggleman, Joyce Riggleman, and...
MEMORANDUM OPINION AND ORDER ADDRESSING MEMORANDUM OF THE UNITED STATES REGARDING THE IDENTITY OP ENTITIES ENTITLED TO STATUS AS "VICTIMS" FOR PURPOSES OF COURT-ORDERED RESTITUTION FREDERICK P. STAMP, JR., District Judge. I. Background The defendant in the above-styled criminal action, Bernie D. Metz ("Metz"), pleaded guilty to Counts One and Two of the information charging her with embezzlement from a credit union by an employee, in violation of 18 U.S.C. 657, and money laundering, in...
ORDER ON MOTIONS JOHN PRESTON BAILEY, Chief Judge. The above styled case is presently before the Court on defendant Barton Adams' Motion to Vacate [Doc. 571], Motion to Vacate Repatriation Order [Doc. 573], Motion to Vacate Protective Order [Doc. 576], Motion to Dismiss Counts 161, 1.63, and 164-169 [Doc. 580], Supplemental Motion to Vacate Protective and Repatriation Order [Doc. 609], Motion for Release from Custody [Doc. 610], Motion to Dismiss on Speedy Trial and Sixth Amendment Issues...
MEMORANDUM OPINION AND ORDER% GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AND DENYING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT JOHN PRESTON BAILEY, District Judge. Pending before this Court are cross Motions for Summary Judgment by defendant St. Paul Fire and Marine Insurance Company [Doc. 13], filed November 30, 2010, and by plaintiffs Brandon B. Nutter and Marsha K. Dawson [Doc. 15], filed December 1, 2010. Both parties filed their respective responses to the Motions, and the...
