King Coal Chevrolet Co. v. General Motors Co. et al
| King Coal Chevrolet Co. |
| General Motors Co. and General Motors LLC |
| 2:2012cv05992 |
| September 27, 2012 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Fayette |
| John T. Copenhaver |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief |
| None |
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The following documents for this case are available for you to view or download:
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Filing
52
MEMORANDUM OPINION AND ORDER denying without prejudice General Motors LLC's 7 MOTION to Dismiss; denying without prejudice King Coal Chevrolet Co.'s 5 MOTION for a Preliminary Injunction; directing that the question stated herein be certified to the Supreme Court of Appeals for answer; the Clerk forward to the Supreme Court of Appeals under the official seal of this court, a copy of this memorandum opinion and order, which constitutes the Order of Certification, together with the original or copies of the record before this court to the extent requested by the Supreme Court of Appeals; the Clerk fulfill any request for all or part of the record simply upon notification from the Clerk of the Supreme Court of Appeals; and this action is stayed and retired to the inactive docket pending an answer to the certified question contained herein. Signed by Judge John T. Copenhaver, Jr. on 5/23/2013. (cc: attys; Supreme Court of Appeals) (taq)
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Filing
36
ORDER re: 33 SUPPLEMENTAL RESPONSE REGARDING RESPONDENT'S MOTION FOR LEAVE TO FILE DOCUMENTS UNDER SEAL by King Coal Chevrolet Co. to the Court's 31 Order; directing the defendants to file on the public record the redacted settlement agreement and release for which they no longer seek a sealing order; directing that the plaintiff file on the public record the redacted proposal attached to its 11/13/2012 supplemental response. Signed by Judge John T. Copenhaver, Jr. on 11/20/2012. (cc: attys) (tmh)
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Filing
24
MEMORANDUM OPINION AND ORDER: The Court certifies to the Attorney General of the State of West Virginia, pursuant to 28 USC 2403(b), that a statute affecting the public interest, namely section 17A-6A-12, has been challenged on constitutional ground s in this action. In accordance with Section 2403(b), the court will permit the State to intervene herein to present evidence and argument on the constitutional issues presented if it so desires; the court requests that the State advise the court an d the parties on or before 11/7/2012, respecting its intentions; and, if the States proposes to intervene, to do so on or before 11/15/2012. Signed by Judge John T. Copenhaver, Jr. on 10/26/2012. (cc: attys; Barbara Allen, Managing Deputy Attorney General, Office of Attorney General, State Capitol Complex Building 1, Room E-26, Charleston, WV 25305; any unrepresented party) (cds)
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Filing
21
MEMORANDUM OPINION AND ORDER: It is ORDERED that any party may offer the omitted information referenced within said Memorandum Opinion and Order, along with any other argument in favor of sealing, no later than 10/31/2012. The documents tendered for sealing will remain provisionally under seal pending further order of the Court. Absent their earlier withdrawal, the tendered filings will be unsealed if the necessary showing in support of a sealing order is not made. It is further ORDERED that Def endants' 10 MOTION to Seal is denied without prejudice and that any revised sealing request shall give thorough and studied consideration to the alternatives to sealing, such as redaction, as to those portions of the tendered documents for which confidentiality is unnecessary, and bearing in mind that sealing is the infrequent exception and not the rule. Signed by Judge John T. Copenhaver, Jr. on 10/23/2012. (cc: counsel of record) (arb)
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