Talkington et al v. Renzelli et al
| Marla Ann Talkington and Louis Gary Davis |
| Michael Renzelli, Mary Lou Renzelli, Oliverio's Catering, Inc. and Shirley C. Oliverio |
| 1:2017cv00172 |
| October 11, 2017 |
| US District Court for the Northern District of West Virginia |
| Clarksburg Office |
| Harrison |
| Frederick P. Stamp |
| All Other Real Property |
| 28 U.S.C. ยง 1391 |
| None |
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| Document Text |
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Filing
78
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT SHIRLEY C. OLIVERIOS MOTION FOR SUMMARY JUDGMENT, GRANTING AS FRAMED PLAINTIFFS AND CROSS-CLAIMANTS MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO THE CONTRACT CLAIMS PENDING AGAINST THE OLIVERIOS DEFEN DANTS AND AS TO THE PLAINTIFFS REQUEST FOR DECLARATORY RELIEF, DENYING DEFENDANTS MOTION FOR JURY TRIAL, SCHEDULING REASONABLENESS HEARING AS TO ATTORNEYS FEES AND BRIEFING REGARDING ATTORNEYS FEES, DIRECTING PARTIES TO MEET AND CONFER CO NCERNING THE AMOUNT OF TOTAL DAMAGES AND VACATING PRETRIAL CONFERENCE AND TRIAL. Defendant Shirley C. Oliverios motion for summary judgment (ECF No. 71 ) is GRANTED, plaintiffs and cross-claimants joint motion for partial summary judgment as to the contract claims pending against the Oliverios defendants, and as to the plaintiffs request for declaratory relief (ECF No. 64 ) is GRANTED AS FRAMED, and the defendants motion for jury trial (ECF No. 62 ) is DENIED. The pretria l conference that is scheduled on Monday, April 29, 2019 is hereby VACATED. The trial that is scheduled to commence on Tuesday, May 21, 2019 is also hereby VACATED. A Reasonableness hearing is set for 5/22/2019 03:00 PM in Wheeling District Judge Courtroom, South before Senior Judge Frederick P. Stamp Jr. The Clerk is directed to enter a separate judgment order in this matter. Signed by Senior Judge Frederick P. Stamp, Jr on 4/24/19. (mh)
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