Martin-Evans et al v. Chesapeake Appalachia, LLC et al
| Ladonna Martin-Evans and Stacey D. Evans |
| Chesapeake Appalachia, LLC and Donald J. Schreckengost |
| 5:2015cv00087 |
| July 9, 2015 |
| US District Court for the Northern District of West Virginia |
| Wheeling Office |
| Ohio |
| Frederick P. Stamp |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
32
MEMORANDUM OPINION AND ORDER GRANTING 19 DEFENDANTS' MOTION TO DECLARE ENTRY OF DEFAULT BY STATE COURT VOID, VACATING THE ENTRY OF DEFAULT BY THE STATE COURT AND ENJOINING THE STATE COURT FROM FURTHER PROCEEDINGS. Accordingly, the entry of de fault entered by the state court is VACATED and the state court is hereby ENJOINED from further proceedings in state court action docketed as Civil Action No. 15-C-149 in the Circuit Court of Ohio County, West Virginia while this civil action remains pending before this Court. Signed by Senior Judge Frederick P. Stamp, Jr. on 11/2/2015. (copy to counsel of record via CM/ECF; copy to Clerk of Circuit Court of Ohio County, WV via US Mail) (nmm)
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Filing
28
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO REMAND, GRANTING DEFENDANT DONALD J. SCHRECKENGOST'S MOTION TO DISMISS, GRANTING DEFENDANT CHESAPEAKE APPALACHIA, LLC'S PARTIAL MOTION TO DISMISS AND DENYING AS MOOT DEFENDANT CHESAPEAKE APPALACHIA, LLC'S MOTION TO STRIKE OR ALTERNATIVELY TO FILE A SUR-REPLY: denying 4 Motion to Remand and for costs, expenses, and attorney's fees; granting 6 Motion to Dismiss; granting 8 Motion to Dismiss for failure to State a Claim; denying as moot 22 Motion to Strike. Accordingly, the only remaining count in this civil action is the plaintiffs' breach of contract claim (Count One) against defendant Chesapeake Appalachia, LLC. Signed by Senior Judge Frederick P. Stamp, Jr. on 8/27/15. (copy to counsel of record via CM/ECF)(rjs)
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