Filed: Dec. 18, 2015
Latest Update: Dec. 18, 2015
Summary: ORDER JOHN T. COPENHAVER, Jr. , District Judge . Pursuant to the companion memorandum opinion and order entered this date contemporaneously herewith, it is ORDERED that the following thirty-four cases in this consolidated action, each of which names as its sole defendant West Virginia-American Water Company, be, and they hereby are, remanded to the respective state circuit courts from which they were removed: Cases solely against West Virginia-American Water Co. CASE NO. PLAINTIFF
Summary: ORDER JOHN T. COPENHAVER, Jr. , District Judge . Pursuant to the companion memorandum opinion and order entered this date contemporaneously herewith, it is ORDERED that the following thirty-four cases in this consolidated action, each of which names as its sole defendant West Virginia-American Water Company, be, and they hereby are, remanded to the respective state circuit courts from which they were removed: Cases solely against West Virginia-American Water Co. CASE NO. PLAINTIFF(..
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ORDER
JOHN T. COPENHAVER, Jr., District Judge.
Pursuant to the companion memorandum opinion and order entered this date contemporaneously herewith, it is ORDERED that the following thirty-four cases in this consolidated action, each of which names as its sole defendant West Virginia-American Water Company, be, and they hereby are, remanded to the respective state circuit courts from which they were removed:
Cases solely against West Virginia-American Water Co.
CASE NO. PLAINTIFF(S)
2:14-14890 Brogan, Jason
2:14-14887 Buffalo Volunteer Fire Dept., Inc.
2:14-14895 Gravely, Richard
2:14-14893 J.E., individually and on behalf of
their minor child, K.E.
2:14-14896 Miller, Scott, et al.
2:14-14870 Town of Buffalo (The)
2:14-14885 Barber, Mary
2:14-14871 Briscoe, Ronnie Allen, et al.
2:14-14845 Desimone Hospitality Services, LLC
2:14-14873 Desimone, Jr., William, et al.
2:14-14879 Deweese, Christopher M., et al.
2:14-14877 Deweese, Gary N., et al.
2:14-14889 EJ&K Enterprises, LLC, et al.
2:14-14892 Falbo & Monday, PLLC, et al.
2:14-14888 Forbis, Trent, et al.
2:14-14884 Harris, Misty
2:14-14872 Hedrick, Deborah J.
2:14-14878 Johns, Geraldine
2:14-14880 Jordan, Christopher
2:14-14882 Jordan, Margie
2:14-14866 Little Bo Peep Daycare, et al.
2:14-14868 Maid In The USA, Inc.
2:14-14894 Medley, Melissa Jean
2:14-14876 Moore, Darrell L., et al.
2:14-14874 Newhouse, Larry, et al.
2:14-14899 Ord, Kristy, et al.
2:14-14881 Sandylou & Tiffany 2, LLC dba
Angaleno's Pizza
2:14-14886 Shamblin, Warren, et al.
2:14-14898 Stewart, Daniel Cleve
2:14-14867 Tucker, Bobby L., et al.
2:14-14869 Tucker, Otis, et al.
2:14-14875 Wellington's, Inc.
2:14-14891 AM & GH, LLC, et al.
2:14-14900 Adelphia, et al.
It is ORDERED that the above cases be, and they hereby are, stricken from the docket of the court.
In the following thirteen cases in this consolidated action, in which both the debtor Freedom Industries, Inc. ("Freedom") and West Virginia-American Water Company are named as defendants, it is ORDERED that claims against West Virginia-American Water Company be, and they hereby are, severed from the claims against Freedom. It is further ORDERED that the claims against West Virginia-American Water Company be, and they hereby are, remanded to the respective state circuit courts from which they were removed:
Cases against Freedom & West Virginia-American
Water Co.
CASE NO. PLAINTIFF(S)
2:14-14848 Fields, Maddie P.
2:14-14847 Hardman, Noel, et al.
2:14-14883 Konnovitch, Nick
2:14-14859 Kuppel, LLC, et al.
2:14-14860 Larwa, Shannon, et al.
2:14-14849 Rodoco, Inc. dba Donut Connection, et al.
2:14-14851 Dyer, Susan K., individually and on
behalf of all others similarly situated
2:14-14864 Hair We Are, Inc.
2:14-14856 Joe Fazio's Restaurant, Inc.
2:14-14901 Kanawha Gourmet Sandwiches, LLC,
individually and on behalf of all
others similarly situated
2:14-14862 Levin, John, et al.
2:14-14858 Nelson, John, et al.
2:14-14855 Pray Construction Company, et al.
It is further ORDERED that in the case of Mahood et al. v Freedom Industries Inc., No. 2:14-14853, in which plaintiffs bring claims against Freedom, West Virginia-American Water Company, and Dennis Farrell, claims against West Virginia-American Water Company and Dennis Farrell be, and they hereby are, severed from the claims against Freedom. It is further ORDERED that the claims against West Virginia-American Water Company and Dennis Farrell be, and they hereby are, remanded to the Circuit Court of Kanawha County.
It is further ORDERED that in the following two cases, in which plaintiffs bring claims against Freedom, West Virginia-American Water Company, and various John Doe defendants, claims against West Virginia-American Water Company and the John Does be, and they hereby are, severed from the claims against
Freedom. It is further ORDERED that the claims against West Virginia-American Water Company and the John Does be, and they hereby are, remanded to the state circuit courts from which they were removed:
Cases against Freedom, West Virginia-American Water
Co. and John Doe Defendants
CASE NO. PLAINTIFF(S)
2:14-14850 EG&K, Inc., et al.
2:14-14865 Gurski, June
It is further ORDERED that in the following two cases, in which plaintiffs bring claims against Freedom, West Virginia-American Water Company, and American Water Works Service Company, Inc., claims against West Virginia-American Water Company and American Water Works Service Company, Inc. be, and they hereby are, severed from the claims against Freedom. It is further ORDERED that the claims against West Virginia-American Water Company and American Water Works Service Company, Inc. be, and they hereby are, remanded to the Circuit Court of Kanawha County:
Cases against Freedom, West Virginia-American Water
Co. and American Water Works Service Company, Inc.
CASE NO. PLAINTIFF(S)
2:14-14854 Harvey, Von
2:14-14846 Shape Shop, Inc., et al.
Finally, the court ORDERS that the claims against Freedom in all of the above-named actions and in the remaining four actions below be, and they hereby are, stayed pending the resolution of the Freedom bankruptcy:
Cases solely against Freedom
CASE NO. PLAINTIFF(S)
2:14-14852 5 Corners Café, LLC, et al.
2:14-14861 Christian, Cornellisus D.
2:14-14857 Gandee, Laura, individually and as
representative of others similarly
situated
2:14-14863 Graziano Investments, Inc., et al.
The Clerk is directed to send a copy of this order to counsel of record and any unrepresented parties, along with Mark E Freedlander, Esq., McGuireWoods LLP, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222.
