MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on December 17, 2018, came the defendant James Kelsor, in person and by counsel, Lorena Litten, Assistant Federal Public Defender, and came the United States by John L. File, Assistant United States Attorney, for the purpose of considering the defendant's plea of guilty to Count One of the Indictment charging him with distribution of a quantity of cocaine, in violation of 21 United States Code, Section 841(...
ORDER JOSEPH R. GOODWIN , District Judge . This action was referred to United States Magistrate Judge Cheryl A. Eifert for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). On November 9, 2018, Magistrate Judge Eifert submitted her Proposed Findings of Fact and Recommendation [ECF No. 31] ("PF&R"), recommending that the court deny in part and grant in part the Defendants' Motion for Judgment on the Pleadings [ECF...
MEMORANDUM OPINION & ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . Pending is plaintiffs' motion to reissue notice and reopen the opt-in period for plaintiffs' action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. , filed August 30, 2018. I. Background On an unspecified date in March 2016, the United States Department of Labor ("DOL") contacted defendants about initiating an investigation related to their pay practices. Rose Aff., ECF No. 223-1, Ex. 1,...
MEMORANDUM OPINION & ORDER JOHN T. COPENHAVER, JR. , District Judge . Pending is plaintiffs' motion for leave to file consents to sue outside of the opt-in period, filed October 12, 2018. I. Background On July 28, 2017, plaintiff Pamela Mayhew initiated an individual action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq. , related to pay practices of defendant Loved Ones In Home Care, LLC ("Loved Ones") regarding their payment of overtime wages. ECF No. 1. On...
GENERAL ORDER HOLDING CIVIL MATTERS IN ABEYANCE IRENE C. BERGER , District Judge . This matter is before the Court due to the lapse of congressional appropriations funding the federal government, including the Department of Justice and the United States Attorney's Office. Absent an appropriation, the United States represents that certain Department of Justice attorneys and employees of the federal government are prohibited from working, even on a voluntary basis, except in very limited...
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . On December 19, 2018, the United States of America appeared by Drew O. Inman, Assistant United States Attorney, and the defendant, Antonio Tavares Johnson, appeared in person and by his counsel, Lex A. Coleman, Assistant Federal Public Defender, for a hearing on the petition seeking revocation of supervised release and amendments thereto submitted by United...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . Pending is the plaintiff's motion, filed November 1, 2018, with accompanying memorandum in support of plaintiff's motion, filed November 29, 2018, requesting leave to file under indefinite seal the complaint and exhibit attached thereto. Plaintiff contends that sealing is necessary inasmuch as "many of the counts contained in the complaint include reference to items covered by a confidential settlement agreement...
MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , District Judge . The court having received the Proposed Findings and Recommendation of United States Magistrate Judge Omar J. Aboulhosn entered on September 14, 2018; and the magistrate judge having recommended that the court deny movant Derrick Dujuan Greathouse's motion under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody and remove this matter from the court's docket; and no objection...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Before the court is defendant Greg A. Lester's Motion for Judgment of Acquittal or in the Alternative a New Trial. ECF No. 324. The government filed a Response to Defendant's Motions for Judgment of Acquittal or in the Alternative a New Trial. For the reasons that follow, the motion is DENIED. I. BACKGROUND On August 22, 2018, a properly impaneled jury returned verdicts of guilt (ECF No. 317) against defendant on...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . Pending before the Court is Plaintiff's Motion to Remand and Award Expenses (ECF No. 8). For the forgoing reasons, the Court GRANTS IN PART and DENIES IN PART Plaintiff's motion. Furthermore, the Court REMANDS this case to the Circuit Court in Cabell County, West Virginia and DENIES AS MOOT Defendant Welch's Motion to Dismiss (ECF No. 6). I. BACKGROUND Plaintiff Jeanne Rowe filed the initial complaint in this case...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . Pending before the Court is a motion by Plaintiff, Fifth Third Bank, to dismiss the counterclaims of Defendants, Revelation Energy, LLC and Revelation Energy Holdings, LLC, pursuant to Federal Rules of Civil Procedure Rule 12(b)(6). ECF No. 19. For the following reasons, the Court GRANTS Plaintiff's Motion to Dismiss Defendants' Counterclaims. I. BACKGROUND Plaintiff filed the present Complaint on February 6, 2018,...
MEMORANDUM OPINON AND ORDER THOMAS E. JOHNSTON , Chief District Judge . Pending before the Court is Defendant SavaSeniorCare, LLC's motion to dismiss Plaintiff's claims against SavaSeniorCare, LLC pursuant to Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. 1 (ECF No. 6.) Under Federal Rule of Civil Procedure 12(b)(2), a court may dismiss claims for lack of personal jurisdiction. Fed. R. Civ. P. 12(b)(2). "When a non-resident defendant files a motion pursuant...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . In Bluefield, on December 17, 2018, came the defendant, Steven Eugene Champ, in person and by counsel, David R. Bungard, Assistant Federal Public Defender; came the United States by John L. File, Assistant United States Attorney; and came Senior United States Probation Officer Brett S. Taylor, for a hearing on the petition to revoke the defendant's term of supervised release. The court informed the defendant of the...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . I. Introduction Pending before the court is the petitioner's Emergency Motion to Correct Sentence Under 28 U.S.C. 2255 [ECF No. 82]. This action was referred to the Honorable Dwane L. Tinsley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition ("PF&R"), pursuant to 28 U.S.C. 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN , District Judge . I. Introduction Pending before the court is the plaintiffs' Motion to Remand [ECF No. 6]. For the reasons stated below, the court FINDS that removal was proper and DENIES the Motion to Remand. II. Background The plaintiffs brought this action in the Circuit Court of Fayette County, West Virginia, seeking to enforce the defendants' alleged obligation to repair and maintain a railroad crossing. The plaintiffs' Complaint...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . Pending before the Court is a Motion for Partial Dismissal by Defendant Arch Insurance Company (Arch). ECF No. 29. For the following reasons, the Court GRANTS the motion. Plaintiff General Assurance of America, Inc. (GAA) filed this action on December 28, 2017, alleging inter alia that Arch breached its fiduciary duties and tortuously interfered with GAA's business relationships and dealings. See Compl. at l, m,...
SUPERVISED RELEASE REVOCATION AND JUDGMENT ORDER MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, JR. , Senior District Judge . On October 31, November 2 and 13, and December 10, 2018, the United States of America appeared by Christopher R. Arthur, Assistant United States Attorney, and the defendant, Leon Wilson, Jr., appeared in person and by his counsel, David R. Bungard, Assistant Federal Public Defender, for a hearing on the petition seeking revocation of supervised release and...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS , District Judge . Pending before the Court are multiple post-trial motions. For the foregoing reasons, the Court GRANTS Defendant's Motion to Offset Judgment in the amount of $372,500.00 (ECF No. 257), GRANTS Plaintiff's Motion for Prejudgment Interest in the amount of $49,748.19 (ECF No. 245), GRANTS Plaintiff's Bill of Costs in the amount of $5,731.09 (ECF No. 244), DENIES Defendant's Motion for a New Trial (ECF No. 258), GRANTS...
MEMORANDUM OPINION AND ORDER DAVID A. FABER , Senior District Judge . Pending before the court is plaintiff's motion for leave to file late objections. (ECF No. 20). However, on November 9, 2018, a judgment order dismissing this matter with prejudice was entered. Therefore, the court has construed plaintiff's motion as one seeking relief under Federal Rule of Civil Procedure 59(e) or 60(b). 1 As our appeals court has noted, "the Federal Rules of Civil Procedure allow a litigant subject...
TEMPORARY RESTRAINING ORDER ROBERT C. CHAMBERS , District Judge . On Thursday, December 6, 2018, Plaintiffs Bernard and Judy Webb filed a Verified Complaint for Declaratory and Injunctive Relief against Defendants Sarah C. Ellis, Tyler Carpenter, and Steptoe & Johnson PLLC, who Plaintiffs claim are "fiduciary trustees appointed and acting pursuant to the terms of a Deed of Trust signed on September 13, 2016." Compl. at 8, ECF No. 1, at 2. The Court issued electronic summons for the...
