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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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