United States District Court
Northern District of West Virginia

U. S. DISTRICT COURT OPINIONS

1999 through 2000
2001
2002
2003

2004/2005

Opinions 2007

Date Docket Title Judge
11/13/2007 1:07CV90 George, et al. v. Laboratory Corp. of American Holdings, et al. - ORDER granting Defendant's Partial Motion to Dismiss.
Attorney List
Keeley
08/16/2007 5:06CV162 Long v. Long, et al. - MEMORANDUM OPINION AND ORDER Denying as moot Motion to Dismiss; granting Motion to Remand; DISMISSING CASE.
Attorney List
Stamp
8/23/2007 5:06CV157 Jaworski v. Gutierrez - MEMORANDUM OPINION AND ORDER Granting as Framed Petition for Habeas Corpus and denying as MOOT Motion for court ruling. This civil action is DISMISSED and STRICKEN from the active docket of this court.
Attorney List
Stamp
07/20/2007 1:06CV154 Gower, et al. v. AIG Claim Services, Inc., et al. - ORDER denying defendants' Motion for Summary Judgment; granting  plaintiff's Motion for Summary Judgment Signed by Judge Irene M. Keeley on 7/20/07.
Attorney List
Keeley
06/27/2007 1:07CV41 Jamison, et al. v. Longview Power, LLC - MEMORANDUM AND OPINION granting defendant's motion to dismiss and dismisses without prejudice the plaitniffs' complaint.
Attorney List
Keeley
04/03/2007 5:05CV177 Rattay, et al. v. Medtronic, Inc., et al. - CORRECTED MEMORANDUM OPINION AND ORDER re 49 Memorandum Opinion and Order. Signed by Judge Irene M. Keeley on 4/3/07. (Copy Counsel of record)(kd) (Entered: 04/03/2007)
Attorney List
Keeley

Opinions 2006

Date Docket Title Judge
10/23/06 1:05CV127 Afshari et al v. Department of Health and Human Services et al - MEMORANDUM AND OPINION ORDER: The Court grants-in-part and denies-in-part the defendants motion to dismiss and dismisses with prejudice the Afsharis' APA and fifth Amendment due process claims. Keeley
10/3/06 2:05CV95 Armstrong Wood Products, Inc. v. Bowers - ORDER denying Motion to Dismiss. ORDERED that the plaintiff's request that the Court Order the defendant to submit his claims to the grievance-arbitration process is GRANTED. ORDERED that upon completion of the arbitration process, counsel for the plaintiff shall file the Report of the Arbitrator with this Court. ORDERED that the Court enjoins the Defendant from reinitiating all state judicial proceedings regarding his claim. ORDERED that the Clerk shall send a certified copy of the order to the Circuit Clerk of Randolph County. ORDERED that this case is ADMINISTRATIVELY CLOSED.
Attorney List
Maxwell
8/23/06 2:06CV8 U.S. Dept. of Labor, et al. v. Wolf Run Mining Co., Inc. - ORDER denying Defendant's Motion to Compel .
Attorney List
Maxwell
8/21/06 2:05CV31 American Select Insurance Company v. Taylor - MEMORANDUM OPINION and Order: The Court GRANTS American Select's Motion for summary judgment and DISMISSES this action with prejudice.
Attorney List
Maxwell
8/4/06 1:06CV52 Thomas v. Branch Banking and Trust - MEMORANDUM OPINION AND ORDER DENYING MOTION TO DISMISS
Attorney List
Keeley
5/5/06 1:05CV156 Grubbs, et al. v. Westfield Insurance Company, et al. - ORDER granting Motion to Dismiss, denying Motion to Remand to State Court . Signed by Judge Irene M. Keeley on 5/5/06.
Attorney List
Keeley
2/24/06 1:04CV276 Nicholas, et al. v. Iezzi, et al. - ORDER Sustaining Defendant's Objection to the Magistrate Judge's 11/15/05 Order/Opinion. Signed by Judge Irene M. Keeley on 2/24/06. (Copy IMK, Counsel) (ms) (Entered: 02/24/2006)
Attorney List
Keeley
3/20/06 1:04CV225 McFadden v. City of Bridgeport - ORDER granting in part and denying in part Motion for Summary Judgment, granting in part and denying in part Motion for Summary Judgment . Signed by Judge Irene M. Keeley on 3/20/06. (Copy IMK, counsel of record) (kd) (Entered: 03/20/2006)
Attorney List
Keeley
3/15/06 2:05CV74 McGough v. Nalco Company - MEMORANDUM OPINION AND ORDER denying Defendant's 4 Motion for Preliminary Injunction. Signed by Judge Joseph R. Goodwin on 3/15/06. (cnd) (Entered: 03/15/2006)
Attorney List
Goodwin
1/26/06 2:06CV8 Elaine L. Chao, Sec'y. of Labor, U. S. Dept. of Labor, et al. v. Wolf Run Mining Co., Inc. - ORDER regarding Application and Complaint, filed by U. S. Department of Labor: It is ORDERED that the Defendant, its officers, agents and employees are hereby enjoined until further notice or Order from refusing to permit the UMWA to accompany representatives of the Plaintiff on any inspection or investigation of the Sago Mine and to participate in pre- and post-investigation conferences when requested by Plaintiff. This Order shall be considered a preliminary injunction.
Attorney List
Maxwell


Opinions 2004/2005

Date Docket Title Judge
11/30/05 1:05CV98 Leach v. BB & T, et al. - ORDER granting Motion to Dismiss Brian McDaniel Under Federal Rule of Civil Procedure 12(b)(5).
Attorney List
Keeley
10/25/05 1:05CV51 Williams v. Advertising Sex LLC, et al. - ORDER granting Motion for Service by Publication.
Attorney List
Keeley
5/2/2003
(published 10/3/05)
1:03CV61 Alza Corporation v. Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc.-Post-Trial Memorandum Opinion and Order
Attorney List
Keeley
11/12/04
(published 10/3/05)
1:04CV242 Mylan Pharmaceuticals v. Food and Drug Administration, et al.-Memorandum Opinion and Order Granting Federal Defendant's Motion to Dismiss
Attorney List
Keeley
8/9/05 1:04CV262 Kern, et al. v. Verizon Comm., Inc., et al. - Memorandum Opinion and Order denying-in-part and granting in-part defendant's motion to dismiss and dismissing the case without Prejudice
Attorney List
Keeley
6/24/05 1:05CR3 United States v. Randy Edward Hayes - ORDER denying Motion to Dismiss as to Randy Edward Hayes
Attorney List
Keeley
6/10/05 1:04CV154 Daniel v. United States - ORDER denying 2255 Motion for Writ of Habeas Corpus
Attorney List
Keeley
6/10/05 1:03CR3 Daniel v. United States - ORDER denying 2255 Motion for Writ of Habeas Corpus
Attorney List
Keeley
4/28/05 1:05CR04 United States v. Daniel Testerman - Report and Recommendation of Magistrate Judge Denying Motion to Suppress/Opinion
Attorney List
Kaull
2/14/05 2:04CR30 United States v. Karl Kevin Hill - REPORT AND RECOMMENDATIONS of Magistrate Judge John S. Kaull as to Karl Kevin Hill Re: motion to Suppress All Evidence; Motion no longer referred to Magistrate. Objections to R and R due by 2/24/05.
Attorney List
Kaull
1/19/05 5:04CV111 Asbury-Casto v. GlaxoSmithKline, Inc. - Memorandum Opinion and Order denying plaintiff's motion to Remand.
Attorney List
Stamp
1/14/05 1:04CV138 Esposito v. Ashcroft - REPORT AND RECOMMENDATIONS of Magistrate Judge John S. Kaull . Case no longer referred to Objections to R and R due by 1/24/05.
Attorney List
Kaull
11/16/04
(published 1/18/05)
2:03CV90 Regal Coal, Inc., et al. v. Dominick LaRosa, et al. - REPORT AND RECOMMENDATIONS of Judge Robert E. Maxwell motion to Enjoin Defendant Dominick Larosa; Motion no longer referred; Objections to R and R due by 11/26/04
Attorney List
Kaull
8/27/04
(published 1/18/05)
2:03CV90 Regal Coal, Inc., et al. v. Dominick LaRosa, et al. - REPORT AND RECOMMENDATIONS of Magistrate Judge John S. Kaull. Motion no longer referred to Magistrate Judge John S. Kaull. Objections to R and R due by 9/7/04
Attorney List
Kaull
1/4/05 1:02CV32 Ortho-McNeil Pharmaceutical, Inc., Johnson & Johnson Pharmaceutical Research & Development, LLC, and Daiichi Pharmaceutical Co., LTD., v. Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc. - Judgment in a Civil Case
Attorney List
Keeley
12/23/04 1:02CV32 Ortho-McNeil Pharmaceutical, Inc., Johnson & Johnson Pharmaceutical Research & Development, LLC, and Daiichi Pharmaceutical Co., LTD., v. Mylan Laboratories, Inc. and Mylan Pharmaceuticals, Inc. - FINDINGS OF FACT AND CONCLUSIONS OF LAW Keeley
12/7/04 1:03CV61 Alza Corp. v. Mylan Lab., et al. -  ORDER construing dispute claim language according to its plain meaning and the parties' stipulated definitions; denying  motion for Summary Judgment (#1) on The Threshold "Priority" Issue, denying  motion forSummary Judgment (#2) of Invalidity Based on Inherent Anticipation, denying motion for Summary Judgment #3 of Invalidity for Indefiniteness Under Honeywell, denying motion for Summary Judgment (#4) of Noninfringement, and denying motion for Summary Judgment (#5) of Invalidity Based Upon a Lack of NoveltyOver the Prior Act. 
Attorney List
Keeley
8/19/04 1:03CV204 Groves, et al. v. Doe, et al. - ORDER granting  motion for Summary Judgment and dismissing case from docket with prejudice. ( signed by Judge Irene M. Keeley ) 
Attorney List
Keeley
8/12/04 1:02CV51 Nowlin v. Eastern Associated - ORDER granting in part, denying in part [29-1] motion for Summary Judgment, granting in part, denying in part [29-1] response, granting in part, denying in part [25-1] support memorandum and to Dismiss this civil action with prejudice. Eastern is ordered to pay Nowlin a penalty under 20 CFR 607 in the amount of $10,921.56 within 30 days from the entry of this Order.
Attorney List
Keeley
8/6/04 2:01CV50 Arbaugh v. Bd. of Ed., et al. - ORDER granting  motion for Leave to Amend Complaint, granting in part with respect to the Arbaugh's West Virginia Human Rights Claim and his request for punitive damages for the state law claim and DISMISSES those claimsfrom the case and denying in part with respect to Arbaugh's 1983 claim and state tort claim. 
Attorney List
Keeley
7/9/04 1:04CV73 Garvin, et al. v. Southern States Ins. Exchange, et al. - ORDER denying motion to remand this case to the Circuit Court of Harrison County and grants plaintiffs leave to amend their complaint.
Attorney List
Keeley
6/18/04 1:03CV187 Stanley v. USA - ORDER granting motion to Dismiss without prejudice
Attorney List
Keeley
3/19/04 1:02CV192 White v. Barnhart - ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION: granting in part [16-1] motion for Summary Judgment, denying [10-1] motion for Summary Judgment, and this action is remanded for further proceedings consistent with the report and recommendation, specifically the development of White's claim of mental impairment due to agoraphobia, panic attacks, and anxiety attacks. This action is dismissed without prejudice and retired from the docket of the Court.
Attorney List

Keeley

5/20/2004 1:03CR47-1 USA v. Kofie Akiem Jones - MEMORANDUM OPINION and ORDER as to Kofie Akiem Jones: Confirming the Pronounced Order of the Court Imposing Life Sentence.
Attorney List
Stamp
5/7/2004 1:00CV175 Cline v. Fox, et al - ORDER granting plaintiff's motion for summary judgment as to the library purge (dkt no. 49) and denies the defendant's motion for summary judgment on this issue (dkt nos. 47, 70).
Attorney List
Keeley
3/29/2004 3:03CV32 PLX, Inc. v. Prosystems, Inc., James L. Lyons and Patricia Lyons - ORDER Awarding Reasonable Expenses to Plaintiff PLX, Inc. and Issuing Sanctions Against Counsel for Defendant Lyons.
Attorney List
Seibert
1/30/04 5:03CV61 Donald Virden, on behalf of himself and others similarly situated v. Altia Group, Inc. and Philip Morris USA - ORDER granting motion to Remand.
Attorney List
Keeley

 

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