West Virginia Citizens Defense League, Inc. et al v. City of Charleston et al
| West Virginia Citizens Defense League, Inc., Keith T. Morgan, Elizabeth L. Morgan, Jereomy W. Schulz, Benjamin L. Ellis and Masada Enterprises LLC |
| City of Charleston, Danny Jones, Brent Webster, City of South Charleston, Frank A. Mullens, Jr., Brad L. Rinehart, City of Dunbar, Jack Yeager and Earl Whittington |
| Brady Center to Prevent Gun Violence |
| 2:2011cv00048 |
| January 24, 2011 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| John T. Copenhaver |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
41
MEMORANDUM OPINION AND ORDER: granting in part and denying in part 16 Charleston defendant's MOTION to Dismiss; denying the Dunbar defendant's 18 Motion to Dismiss and denying South Charleston defendant's 21 MOTION to Dismiss ; that this action is stayed and retired to the inactive docket to permit plaintiffs to present their state law claims to a state court of competent jurisdiction; that the defendants are given leave to delay the filing of their respective answers to the amended complaint pending the further order of the court following the lifting of the stay; and that, in the event that the state courts do not resolve the parties' dispute on state law grounds, plaintiff are given leave to return to this co urt for adjudication of their federal claims. Signed by Judge John T. Copenhaver, Jr. on 9/20/2012. (cc: attys; any unrepresented party; WVCDL, Masada Enterprises LLC & Benjamin Ellis via certified mail, rrr; and Keith Morgan, WVCDL President @ kmorgan@wvcdl.org, Leonard Roman, WVCDL Vice President @ lroman@wvcdl.org) (cds)
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Filing
36
MEMORANDUM OPINION AND ORDER directing that the plaintiffs file their briefs on the matter no later than 7/14/2011; the Charleston defendants, the Dunbar defendants, and the South Charleston defendants file their consolidated response to the plaintiffs' brief by 7/28/2011; and the plaintiffs are given leave to reply if they so desire by 8/10/2011. Signed by Judge John T. Copenhaver, Jr. on 7/1/2011. (cc: attys; any unrepresented parties) (cbo)
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