MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending is Defendant's Motion to Dismiss Plaintiffs' claims pursuant to Federal Rule of Civil Procedure 12. ECF No. 4. Defendant argues that Plaintiffs' claims must be dismissed on several grounds, including lack of personal jurisdiction, improper venue, insufficient process, insufficient service of process, and failure to state a claim. For the reasons stated below, Defendant's motion is GRANTED IN PART and DENIED IN PART....
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending before the Court are Defendant Appalachian Power Company's Motion for Summary Judgment, (ECF No. 88), and Defendant Industrial Contractors, Inc.'s Motion for Summary Judgment, (ECF No. 90). Because Plaintiffs' claims against Defendants share the same relevant facts, the Court will address both motions in a single opinion. For the following reasons, the Court GRANTS summary judgment in favor of Defendants. I. FACTUAL...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. Pending is Defendant's motion to suppress and to dismiss portions of his indictment [Docket 19]. The United States filed its response on September 18, 2012 (Docket 32). On September 24, 2012, the Court heard evidence and argument on Defendant's motion. Thereafter, the parties filed supplemental briefing (Docket 49, 50). On November 28, 2012, Defendant filed a motion to continue the December 4, 2012, trial of this case [Docket 56]...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Plaintiffs Jonathan and Heather Beattie have alleged ten separate causes of action against Skyline Corporation (manufacturer of mobile homes, hereinafter "Skyline"), CMH Homes, Inc. (dealer of mobile homes, d/b/a/ Luv Homes, hereinafter "CMH"), and Vanderbilt Mortgage and Finance, Inc. (lender, hereinafter "VMF"). All ten claims stem from the Plaintiffs' purchase of a mobile home in November 2007, and the alleged faulty...
MEMORANDUM OPINION CHERYL A. EIFERT, United States Magistrate Judge. This is an action seeking review of the decision of the Commissioner of the Social Security Administration (hereinafter the "Commissioner") denying plaintiff's application for a period of disability and 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. This case is presently before the Court on the parties'...
MEMORANDUM OPINION MARY E. STANLEY, United States Magistrate Judge. This is an action seeking review of the decision of the Commissioner of Social Security denying Claimant's application for Supplemental Security Income ("SSI"), under Title XVI of the Social Security Act, 42 U.S.C. 1381-1383f. Both parties have consented in writing to a decision by the United States Magistrate Judge. Plaintiff, Wesley Morris Goodwin (hereinafter referred to as "Claimant"), filed an application for SSI...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge. On May 10, 2011, Plaintiff West Virginia Department of Health and Human Resources, Bureau of Medical Services ("Plaintiff" or "West Virginia"), filed a complaint in this Court seeking a declaration that the decision of the Department of Health and Human Services Departmental Appeals Board ("DAB" or "Board") disallowing West Virginia's claim for Federal Financial Participation ("FFP") in the amount of $2,298,329 was arbitrary and...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Pending before the Court is Plaintiffs' Motion for an Injunction Pending Appeal, and an Emergency Injunction Pending a Ruling on this Motion (ECF No. 187). In their underlying case, Plaintiffs 1 challenged the decision by the United States Army Corps of Engineers (hereinafter "Army Corps" or "the Corps") to issue an individual Clean Water Act ("CWA") 404 permit to Highland Mining Company ("Highland") to discharge fill...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the plaintiffs' Motion to Remand Case to the Circuit Court of Clay County [Docket 6]. For the reasons discussed below, this Motion is GRANTED. I. Background During the summer of 1999, plaintiffs Forrest and Patricia Loudin met several times with employees of Freedom Homes, allegedly now known as CMH Homes, Inc. ("Freedom Homes"), to discuss financing for the purchase of real property, a mobile home,...
MEMORANDUM OPINION AND ORDER JOSEPH R. GOODWIN, Chief Judge. Pending before the court is the plaintiffs' motion for preliminary injunction [Docket 4]. A hearing was held on August 27, 2012. The court holds today that the option to opt out of a single-sex education program does not satisfy the requirement under the 2006 United States Department of Education regulations that single-sex programs be "completely voluntary." 34 C.F.R. 106.34(b)(1)(iii). However, the court also finds that the...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court grant the defendant's Motion to Dismiss (Doc. #2), dismiss the Complaint, with prejudice (Doc. 1-1) and remove it from the...
MEMORANDUM OPINION AND ORDER CHERYL A. EIFERT, Magistrate Judge. Pending before the Court is Plaintiff's Motion to Compel (ECF No. 26). Although the time permitted for a response by Defendant has not yet expired, the Court finds sufficient information in the documents of record to dispose of the motion without further briefing or argument. Plaintiff filed this civil action in the Circuit Court of Cabell County, West Virginia on April 7, 2011. Defendant removed the case to federal court on...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. Plaintiffs 1 challenge the decision by the United States Army Corps of Engineers (hereinafter "Army Corps" or simply "the Corps") to issue an individual Clean Water Act ("CWA") 404 permit to Highland Mining Company ("Highland") to discharge fill material into streams for the purpose of conducting surface coal mining activities at the Reylas Surface Mine located in Logan County, West Virginia. In April 2011, this Court granted...
MEMORANDUM OPINION AND ORDER ROBERT C. CHAMBERS, District Judge. This action was referred to the Honorable Cheryl A. Eifert, United States Magistrate Judge, for submission to this Court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and recommended that the Court deny Movant's Application Under 28 U.S.C. 2255 for Writ of Habeas Corpus by a Person in State or Federal Custody (Doc. #425)...
MEMORANDUM OPINION & ORDER JOHN T. COPENHAVER, District Judge. Pending are the United States' motions to (1) dismiss Lamberto Maramba, M.D. from this civil action and substitute the United States and (2) to dismiss this civil action against Dr. Maramba for failure to exhaust administrative remedies, both filed June 22, 2012. This medical malpractice action was filed in the Circuit Court of Kanawha County, West Virginia, on May 10, 2012. On June 21, 2012, the United States removed the case...
MEMORANDUM OPINION AND ORDER THOMAS E. JOHNSTON, District Judge Pending before the Court are the following motions filed by Plaintiffs Stay the Course West Virginia, Pineville Lumber, Inc., David Bailey, and Thomas Stephen Bailey ("Plaintiffs"): (1) Motion for Class Certification [Docket 3]; (2) Motion for Preliminary Injunction [Docket 15]; and (3) Motion for Expedited Consideration of Class Certification Motion [Docket 18]. For the reasons stated below, the Motion for Preliminary Injunction...
MEMORANDUM OPINION CHERYL A. EIFERT, Magistrate Judge. This is an action seeking review of the decision of the Commissioner of the Social Security Administration (hereinafter the "Commissioner") denying plaintiff's application for supplemental security income ("SSI") under Title XVI of the Social Security Act, 42 U.S.C. 1381-1383f. This case is presently before the Court on the parties' Motions for Judgment on the Pleadings. (ECF Nos. 10, 13). Both parties have consented in writing to a...
MEMORANDUMOPINION MARY E. STANLEY, Magistrate Judge. This is an action seeking review of the decision of the Commissioner of Social Security denying Claimant's application for Supplemental Security Income ("SSI"), under Title XVI of the Social Security Act, 42 U.S.C. 1381-1383f. Both parties have consented in writing to a decision by the United States Magistrate Judge. Plaintiff, Jackie Edward Smith (hereinafter referred to as "Claimant"), filed an application for SSI on March 31, 2008,...
MEMORANDUM OPINION AND ORDER DAVID A. FABER, Senior District Judge. By Standing Order, this action was referred to United States Magistrate Judge Mary E. Stanley for submission of findings and recommendation regarding disposition pursuant to 28 U.S.C. 636(b)(1)(B). Before Magistrate Judge Stanley could submit her Findings and Recommendation to the court, defendant filed an uncontested motion to remand this case to the Commissioner pursuant to sentence four of 42 U.S.C. 405(g) for further...
SUPERVISED RELEASE REVOCATION AND JUDGMENT MEMORANDUM OPINION AND ORDER JOHN T. COPENHAVER, Jr., District Judge. On August 2, 2012, the United States of America appeared by William B. King, II, Assistant United States Attorney, and the defendant, Alexander Martel Brown, appeared in person and by his counsel, David R. Bungard, Assistant Federal Public Defender, for a hearing on the petition on supervised release submitted by Senior United States Probation Officer Greg Swisher, the defendant...
