MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C. 636(b)(1)(B). Magistrate Judge Van-Dervort submitted to the court his Proposed Findings and Recommendations ("PF & R") on August 20, 2013, in which he recommended that the court (1) grant in part and deny in part plaintiff's motion...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, Chief Judge. Pending is Defendant Quicken Loans' Motion for Summary Judgment (ECF. No. 204), Defendant Wells Fargo Bank's Motion for Partial Summary Judgment (ECF No. 202), and Plaintiff's Motion for Leave to File Surreply (ECF No. 219). In her Surreply, Plaintiff also moves to "conform the pleadings to the evidence to clarify that Plaintiff raises two fraud claims, one in equity and one in law," under Federal Rule of Civil Procedure 15. Pl.'s...
ORDER JOSEPH R. GOODWIN, District Judge. Pending before the court is Emmanuel O. Soyoola's Motion for Leave to File Amended Complaint [Docket 33]. This motion is ripe for review. For the reasons stated below, the motion [Docket 33] is GRANTED in part and DENIED in part. I. Background This case arises out of an insurance coverage dispute between Oceanus Insurance Company ("Oceanus"), the insurer, and Dr. Emmanuel O. Soyoola, the insured. Oceanus contends the Liability Risk Retention Act of...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Pending are Plaintiffs' motion to remand [ECF 14] and Defendants' motion for leave to file a surreply [ECF 22]. For the reasons set forth below, the Court GRANTS the motion to remand, and this matter is hereby REMANDED to the Circuit Court of Kanawha County, West Virginia. The Court DENIES Defendants' motion for leave to file a surreply. I. BACKGROUND A. Factual Background The following facts are drawn from the Third...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER, District Judge. The Court has reviewed the Defendants' Motion to Dismiss Plaintiff's Amended Complaint (Document 66), the Defendants' Motion for Summary Judgment (Document 115), the Plaintiff's Responses in Opposition (Documents 89 & 120), the Defendants' Replies (Documents 100 & 124), and the supportive memoranda in this case. By Standing Order (Document 5) entered on August 1, 2011, this action was referred to the Honorable Mary E....
MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, District Judge. Pending before the court is the plaintiffs' Motion for Leave to File Amended Complaint for Declaratory and Injunctive Relief and for Civil Penalties [Docket 19]. For the reasons stated below, the plaintiffs' motion is GRANTED. The plaintiffs are DIRECTED to file their proposed amended complaint within ten days of this Order. Also pending before the court is the defendant's Rule 12(b)(1) Motion to Dismiss [Docket 11] and Rule...
MOTION TO STAY ON DEFENDANTS' "MOTION FOR AN ORDER TO SHOW CAUSE WHY CLAIMS SHOULD NOT BE DISMISSED BASE[D] UPON LACK OF STANDING AND/OR JUDICIAL ESTOPPEL" AND FOR EXPEDITED RULING JOSEPH R. GOODWIN, District Judge. COME NOW, Plaintiffs in the above-styled MDL proceeding, by and through the undersigned, and file their Motion to Stay on Defendants' "Motion for an Order to Show Cause Why Claims Should Not Be Dismissed Base[d] Upon Lack of Standing and/or Judicial Estoppel," and for Expedited...
MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. By Judgment Order dated September 30, 2013, the court DENIED defendants' motions to dismiss. (Doc. Nos. 21, 24, and 26). The reasons for that decision follow. I. Background Ameribank, Inc. ("Ameribank" or "the Bank") was a federally chartered savings bank with headquarters in West Virginia. Complaint 8. On September 19, 2008, the Office of Thrift Supervision closed Ameribank and appointed the FDIC as Receiver. Id....
MEMORANDUM OPINION & ORDER JOSEPH R. GOODWIN, District Judge. Pending before the court is Defendant's Motion to Dismiss [Docket 7]. The plaintiff has responded, and the motion is ripe. For the reasons stated below, the motion is GRANTED. Further, the plaintiff's counsel is ORDERED to show cause why Federal Rule of Civil Procedure 11(b) has not been violated. I. Background This case arises out of a decision by the Supreme Court of Appeals of West Virginia in State ex rel. J.W. v. Knight,...
PROPOSED FINDINGS AND RECOMMENDATION R. CLARKE VanDERVORT, Magistrate Judge. Pending before this Court is the United States' Motion for Summary Judgment (Document No. 21.), filed on February 8, 2013. The Court notified Plaintiff pursuant to Roseboro v. Garrison, 528 F.2d 304 (4 th Cir. 1975), that Plaintiff had the right to file a response to the United States' Motion and submit Affidavit(s) or statements and/or other legal or factual material supporting his claims as they are...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER, District Judge. The Court has reviewed the United States' Motion for Summary Judgment (Document 21), attached exhibits, memorandum in support (Document 22), Plaintiff's Response in Opposition (Document 24), the United States' Reply (Document 25), Plaintiff's Complaint (Document 1), and the entire record. By Standing Order (Document 2) entered September 26, 2011, this action was referred to the Honorable R. Clarke VanDervort, United States...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, Jr., District Judge. Pending is the motion by plaintiff Ruth E. Nicewarner to remand, filed March 14, 2013. For the reasons below, the court finds that the nondiverse defendant was properly joined, grants the motion, and remands the case. I. Background — According to the Complaint Ms. Nicewarner resides with her husband at her home in West Virginia and works in part time, low wage jobs. Compl. 2. Quicken Loans Inc. ("Quicken") is the...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, District Judge. Pending before the court are three motions to dismiss the crossclaims and counterclaims asserted by David T. Mitchell, III ("Mitchell") in his answer to the amended complaint [Docket 128]. These motions are: (1) Crossclaim Defendant Damsel Properties, LLC's ("Damsel") Motion to Dismiss [Docket 137]; (2) Crossclaim Defendant Ryan McGinn Samples Research, Inc. d/b/a RMS Strategies's ("RMS") Motion to Dismiss [Docket 138]; and (3)...
PROPOSED FINDINGS AND RECOMMENDATION R. CLARKE VanDERVORT, Magistrate Judge. This is an action seeking review of the final decision of the Commissioner of Social Security denying the Plaintiff's application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-433, 1381-1383f. By Standing Order entered May 17, 2012 (Document No. 3.), this case was referred to the undersigned United States Magistrate...
MEMORANDUM OPINION DAVID A. FABER, Senior District Judge. This action is seeking review of the final decision of the Commissioner of Social Security, who denied plaintiff's application for disability insurance benefits ("DIB") and supplemental security income ("SSI"). By Standing Order, this case was referred to United States Magistrate Judge R. Clarke VanDervort to consider the pleadings and evidence, and to submit proposed findings of fact and recommendation for disposition, pursuant to 28...
MEMORANDUM OPINION AND ORDER IRENE C. BERGER, District Judge. The Court has reviewed Erie Insurance Property & Casualty Company's Motion for Summary Judgment Concerning Plaintiffs' Punitive Damages Claim ("Def.'s Mot.") (Document 15). After careful consideration of the motion and the entire record herein, the Court finds that the motion should be granted. I. On the morning of July 20, 2010, the Brenton, West Virginia, home of Plaintiffs, Johnny Crouse and his wife Gail, caught on fire....
MEMORANDUM OPINION AND ORDER IRENE C. BERGER, District Judge. The Court has reviewed the Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody ("Section 2255 Mot.") (Document 44), filed in this matter on September 21, 2012, wherein Petitioner asserts that his retained counsel rendered constitutionally ineffective assistance by failing to reasonably investigate the loss occasioned by his bank fraud conviction and by failing to...
MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. By Standing Order, this action was referred to United States Magistrate Judge R. Clarke VanDervort for submission of findings and recommendations regarding disposition pursuant to 28 U.S.C.A. 636(b)(1)(B). Magistrate Judge VanDervort submitted to the court his Findings and Recommendation on June 20, 2013, in which he recommended that the district court grant plaintiff's "Motion to Dismiss With Prejudice Defendant Experian...
PROPOSED FINDINGS AND RECOMMENDATION DWANE L. TINSLEY, Magistrate Judge. This is an action seeking review of the final decision of the Commissioner of Social Security denying the Plaintiff's application for disability insurance benefits ("ADIB") and supplemental security income ("ASSI"), under Titles II and XVI of the Social Security Act, 42 U.S.C. 401-433, 1381-1383f. By standing order, this case was referred to this United States Magistrate Judge to consider the pleadings and evidence,...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Before the Court is Plaintiff Ronnie Mitchell Hunt's Complaint seeking review of the decision of the Acting Commissioner of Social Security 1 ("Commissioner") [ECF 2]. By Standing Order entered September 2, 2010, and filed in this case on April 19, 2012, this action was referred to former United States Magistrate Judge Mary E. Stanley for submission of proposed findings and a recommendation ("PF&R"). On April 8, 2013, this...
