Michael et al v. The Estate Of Alex Kovarbasich et al
Judith A. Kuhn and Michael D. Michael |
The Estate Of Alex Kovarbasich and Consolidation Coal Company |
1:2014cv00212 |
December 11, 2014 |
US District Court for the Northern District of West Virginia |
Clarksburg Office |
Marion |
Irene M. Keeley |
Other Personal Injury |
28 U.S.C. ยง 1441 |
Both |
Available Case Documents
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Filing 162 MEMORANDUM OPINION AND ORDER ADOPTING R&R (Dkt. No. 99 ) and GRANTING DEFENDANT'S MOTION TO DISMISS (DKT. NO. 4 ). The court ADOPTS the 99 Report and Recommendation in its entirety, except for its recommendation that the Court find that the Plaintiffs' complaint alleges a deliberate intent claim; DENIES the Plaintiffs' 64 motion to amend the complaint to add Sacchetti as a defendant; DENIES as MOOT Consolidation Coal Company's 68 motion to strike the am ended complaint; GRANTS Consolidation Coal Company's 4 motion to dismiss and DISMISSES WITH PREJUDICE all claims in this case against Consolidation Coal Company. The clerk is directed to enter a separate judgment order. Signed by District Judge Irene M. Keeley on 3/31/17. |
Filing 99 MEMORANDUM OPINION AND REPORT AND RECOMMENDATION. It is this Court's Recommendation that Plaintiffs' 64 Motion for Leave to Amend the Complaint to add Leonard Sacchette as a defendant be DENIED. Further, this Court recommends that the remaining relief requested in Defendant Consol's 68 Motion to Strike Plaintiffs' Motion to Amend the Complaint or, Alternatively, the Affidavit and other Testimony of Lawrence Leroy Layne be DENIED AS MOOTED BY THIS COURT'S RECOMMEN DATION WITH RESPECT TO DOCKET NO. 64 . Any party may, within 14 days after being served with a copy of this Memorandum Opinion and Report and Recommendation, file with the Clerk of Court written objections identifying the portions of the Memorandum Opinion and Report and Recommendation to which objection is made and the basis for such objection. Signed by Magistrate Judge John S. Kaull on 9/29/15. (mh) |
Filing 97 AMENDED MEMORANDUM AND OPINION AND ORDER. The Defendant, Consolidation Coal Company's 68 Motion to Strike the Affidavit and Other Testimony of Lawrence Leroy Layne is DENIED. The remaining portion of 68 to wit: Motion to Strike Plaintiff s' Motion to Amend the Complaint is hereby merged with the Court's decision being rendered in Docket Nos. 64 , 67 and 70 . This Order hereby AMENDS and supersedes the Court's previous 91 Order filed on 9/14/15. Signed by Magistrate Judge John S. Kaull on 9/23/15. (mh) |
Filing 91 MEMORANDUM OPINION AND ORDER; Defendants 68 Motion to Strike the Affidavit and Other Testimony of Lawrence Leroy Layne is DENIED. The remaining portion of DE 68 is hereby MERGED with the Court's decision being rendered in DE 64 , 67 and 70 . Signed by Magistrate Judge John S. Kaull on 9/14/2015. (Copy counsel of record)(jmm) |
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