MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF AND PLAINTIFF-INTERVENORS' JOINT MOTION FOR SUMMARY JUDGMENT JOHN PRESTON BAILEY, Chief Judge. Pending before this Court are: (1) Plaintiff and Plaintiff Intervenors' Joint Motion for Summary Judgment [Doc. 92]; (2) The United States' Cross-Motion for Summary Judgment [Doc. 105]; and (3) Environmental Intervenors' Motion for Summary Judgment [Doc. 108]. All the above Motions have been fully briefed and are ripe for decision. In addition, the...
MEMORANDUM OPINION AND ORDER DENYING LAWYER DEFENDANTS' MOTION FOR JUDGMENT AS A MATTER OF LAW OR IN THE ALTERNATIVE FOR A NEW TRIAL FREDERICK P. STAMP, JR., District Judge. I. Background On December 20, 2012, a jury rendered a verdict in favor of the plaintiff, CSX Transportation, Inc. ("CSX"), finding that the above-named defendants' conduct violated the federal Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. 1961 et seq. Further, the jury found that Robert...
REPORT & RECOMMENDATION THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AS A SANCTION BE DENIED, AND ORDER THAT PLAINTIFF'S MOTION FOR SANCTIONS BE GRANTED IN PART AND DENIED IN PART JAMES E. SEIBERT, Magistrate Judge. I. INTRODUCTION To put it lightly, there has been a severe shortcoming by Defendants in this action during the discovery process. Not only have Defendants' resisted providing required information in initial disclosures and resisted previous discovery attempts by Plaintiff on an...
MEMORANDUM OPINION AND ORDER DENYING ISSUANCE OF A CERTIFICATE OF APPEALABILITY FREDERICK P. STAMP, Jr., District Judge. On September 11, 2013, the petitioner in the above-styled civil action filed a motion for the issuance of a certificate of appealability. This Court notes that the certificate of appealability language was not included in the memorandum opinion and order affirming and adopting the report and recommendation of the magistrate judge issued on August 23, 2013. ECF No. 35. The...
MEMORANDUM OPINION AND ORDER AFFIRMING MAGISTRATE JUDGE'S ORDER ON REASONABLE EXPENSES FREDERICK P. STAMP, Jr., District Judge. I. Background The above-styled civil action involves claims of racial discrimination and retaliation under Title VII, a claim for breach of the plaintiff's employment agreement, and a claim for violation of West Virginia's Wage Payment and Collection Act. Numerous discovery motions have been filed in this action and motions for reasonable expenses have also been...
MEMORANDUM OPINION AND ORDER AFFIRMING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION THAT PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AS A SANCTION BE DENIED AND ORDER THAT PLAINTIFF'S MOTION FOR SANCTIONS BE GRANTED IN PART AND DENIED IN PART FREDERICK P. STAMP, Jr., District Judge. I. Background The above-styled civil action involves claims of racial discrimination and retaliation under Title VII, a claim for breach of the plaintiff's employment agreement, and a claim for violation of West...
MEMORANDUM OPINION AND ORDER JOHN S. KAULL, Magistrate Judge. Before the Court is Plaintiff Lowe's Home Centers, Inc.'s ("Lowe's) "Submission Pursuant to the Court's July 11, 2013 Memorandum Opinion and Order" [DE 139]; THF Clarksburg Development Two, Limited Liability Company's" ("THF") Response 141 [DE 141], and Lowe's "Reply" [DE 142]. The undersigned finds the issues addressed in the motion and response are not complex and do not require the resolution of factual matters and therefore do...
MEMORANDUM OPINION AND ORDER DECLINING TO ADOPT REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE AND DENYING WITHOUT PREJUDICE MOTION TO DISMISS FREDERICK P. STAMP, Jr., District Judge. The plaintiff filed this civil action under 42 U.S.C. 1983 on July 20, 2012. The plaintiff's complaint alleges that the defendants have violated his civil rights through the complicity to the actions of Correctional Officer Nathan Wright at Northern Regional Correctional Facility. The plaintiff alleges that...
REPORT AND RECOMMENDATION JAMES E. SEIBERT, Magistrate Judge. In response to a previous Order of the Court, Counsel for the Defendants advised by email, dated March 6, 2013, that this action was settled. At the Show Cause Hearing, on June 21, 2013, Counsel for the Defendants advised that a settlement was agreed. However, Counsel noted that they were awaiting a response from a governmental health insurance program. Since the case has been settled, the Court recommends the case be DISMISSED,...
MEMORANDUM OPINION AND ORDER ADOPTING AND AFFIRMING THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, Jr., District Judge. I. Background The petitioner, Steven Hunter ("Hunter" or "petitioner"), a federal inmate incarcerated at USP Hazelton, West Virginia ("Hazelton"), filed this pro se 1 petition under 28 U.S.C. 2241 on July 6, 2012. In his petition, Hunter argues that the Bureau of Prisons ("BOP") has improperly assigned him a management variable of "greater...
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT CNX GAS COMPANY, LLC'S MOTION TO DISMISS FREDERICK P. STAMP, Jr., District Judge. I. Procedural History The plaintiffs, Jeremiah Magers and Andrea J. Magers ("Magers"), commenced this action by filing a complaint in the Circuit Court of Marshall County, West Virginia. The complaint sought damages against Chesapeake Appalachia, LLC ("Chesapeake") for the alleged contamination of the Magers' well with methane, and the subsequent diminution in...
ORDER ADOPTING REPORT AND RECOMMENDATION IRENE M. KEELEY, District Judge. On November 12, 2008, the petitioner, Steven Lee Dilworth ("Dilworth"), filed a petition in this Court pursuant to 28 U.S.C. 2254. The Court referred this matter to United States Magistrate Judge James E. Seibert for initial screening and a report and recommendation in accordance with LR PL P 2. On April 22, 2009, the respondent, Shannon Markle, filed a Motion for Summary Judgment. (Dkt. No. 9). On June 10, 2009,...
MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE FREDERICK P. STAMP, Jr., District Judge. I. Background The pro se 1 petitioner, an inmate housed at the Ashland Federal Correctional Institution in Ashland, Kentucky, filed this 28 U.S.C. 2255 action challenging his sentence of 78 months of incarceration which resulted from his plea of guilty to conspiracy to distribute more than 500 grams of cocaine and a quantity of marijuana in...
REPORT AND RECOMMENDATION TO THE DISTRICT JUDGE RECOMMENDING THAT THE DISTRICT COURT DENY PETITIONER'S MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE JOHN S. KAULL, Magistrate Judge. I. INTRODUCTION On November 10, 2011, Petitioner Robert Lee Saunders, Jr. ("Petitioner"), proceeding pro se, filed a Motion to Vacate Pursuant to 28 U.S.C. 2255. (Civil Action No. 5:11-cv-161, Doc. 1; Criminal Action No. 5:10-cr-18, Doc. 203). On November 14, 2011, the Court...
MEMORANDUM OPINION AND ORDER JOHN S. KAULL, Magistrate Judge. This matter is before the Court pursuant to "Defendant THF Clarksburg Development Two, LLC's ("THF") Motion to Compel Plaintiff Lowe's Home Centers Inc.'s ("Lowe's") Discovery Responses filed May 31, 2013 [DE 100]. Lowe's filed its "Response" to the Motion on June 17, 2013 [DE 112]. THF filed its "Reply"on June 24, 2013 [DE 122]. The motion was referred to the undersigned by Order dated May 3, 2013 [DE 76]. THF served its first...
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANTS' CROSS MOTION FOR SUMMARY JUDGMENT FREDERICK P. STAMP, Jr., District Judge. I. Procedural History The plaintiff, Consolidation Coal Company ("CCC"), filed a motion to vacate an arbitration award with this Court. Defendant, United Mine Workers of America District 31, Local Union 1702 ("Local 1702"), then filed a motion to dismiss, or, in the alternative a motion for a more definite...
MEMORANDUM ORDER AND OPINION DENYING DEFENDANT'S MOTION FOR A NEW TRIAL [DKT. No. 83.] IRENE M. KEELEY, District Judge. Pending before the Court is the motion of the defendant, Tarvis Dunham ("Dunham"), for a new trial. (Dkt. No. 83). For the reasons that follow, the Court DENIES the defendant's motion for a new trial as to Counts 2, 4, 5, 6, 9 (Dkt. No. 83) and VACATES and DISMISSES the defendant's conviction on Count 7. I. A. On December 18, 2013, a grand jury returned a nine-...
ORDER/OPINION JOHN S. KAULL, Magistrate Judge. On June 20, 2013, Defendant Astro Buick-Oldsmobile, Inc. ("Astro") filed a "Motion to Compel Documents Claimed as Privileged Pursuant to the Clawback Provision in the Parties' Joint Protective Order" [DE 84]. On July 10, 2013, Plaintiff General Motors, LLC, ("GM") filed a Response to the Motion [DE 100]. On July 19, 2013, Astro filed its Reply [DE107]. On July 25, 2013, the Court entered an Order directing GM to provide the documents at issue to...
ORDER DENYING DEFENDANTS' MOTION TO DISMISS GINA M. GROH, District Judge. Currently pending before this Court is a Motion to Dismiss Plaintiff's Complaint, filed by Defendants Craig Phelps and Shanna Spiker, on June 20, 2013. [Doc. 29]. For the reasons set out below, this Court finds that Defendants' Motion to Dismiss should be DENIED. To the extent Plaintiff requested additional relief from this Court in his response dated June 28, 2013, Plaintiff's request should also be DENIED....
REPORT AND RECOMMENDATION 28 U.S.C. 2254 DAVID J. JOEL, Magistrate Judge. I. INTRODUCTION On August 2, 2013, pro se petitioner, Neil Williams [hereinafter referred to as "Williams"] filed a Petition Under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody. On August 12, 2013, Williams was granted leave to proceed in forma pauperis. Accordingly, this matter is pending before the undersigned pursuant to LR PL P 2, et seq. II. FACTS A. STATE PROCEEDINGS A....
