Shape Shop, Inc. et al v. Freedom Industries, Inc. et al
| Shape Shop, Inc. and Thelma Fays, LLC |
| Freedom Industries, Inc., American Water Works Service Company, Inc. and West Virginia American Water Company |
| 2:2014cv14846 |
| April 16, 2014 |
| US District Court for the Southern District of West Virginia |
| Charleston Office |
| Kanawha |
| John T. Copenhaver |
| Withdrawal |
| Transmission of Bankruptcy Reference |
| None |
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| Document Text |
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Filing
4
ORDER pursuant to the companion memorandum opinion and order entered this date contemporaneously herewith, it is ORDERED that the thirty-four cases listed herein in this consolidated action, each of which names as its sole defendant West Virginia-Ame rican Water Company, are remanded to the respective state circuit courts from which they were removed; in the thirteen cases listed herein in this consolidated action, in which both the debtor Freedom Industries, Inc. and West Virginia-American Wate r Company are named as defendants, it is ORDERED that claims against West Virginia-American Water Company are severed from the claims against Freedom; it is further ORDERED that the claims against West Virginia-American Water Company are remanded to the respective state circuit courts from which they were removed; it is further ORDERED that in the case of Mahood et al. v Freedom Industries Inc., No. 2:14-14853, in which plaintiffs bring claims against Freedom, West Virginia-American Water Compa ny, and Dennis Farrell, claims against West Virginia-American Water Company and Dennis Farrell are severed from the claims against Freedom; it is further ORDERED that the claims against West Virginia-American Water Company and Dennis Farrell are rema nded to the Circuit Court of Kanawha County; it is further ORDERED that in the two cases listed herein in which plaintiffs bring claims against Freedom, West Virginia-American Water Company, and various John Doe defendants, claims against West Virgin ia-American Water Company and the John Does are severed from the claims against Freedom; it is further ORDERED that the claims against West Virginia-American Water Company and the John Does are remanded to the state circuit courts from which they wer e removed; it is further ORDERED that in the two cases in which plaintiffs bring claims against Freedom, West Virginia-American Water Company, and American Water Works Service Company, Inc., claims against West Virginia-American Water Company and Ame rican Water Works Service Company, Inc. are severed from the claims against Freedom; it is further ORDERED that the claims against West Virginia-American Water Company and American Water Works Service Company, Inc. are remanded to the Circuit Court o f Kanawha County; finally the court ORDERS that the claims against Freedom in all of the named actions and in the remaining four actions listed herein, are stayed pending the resolution of the Freedom bankruptcy. Signed by Judge John T. Copenhaver, Jr. on 12/17/2015. (cc: attys; any unrepresented parties, along with Mark E. Freedlander, Esq., McGuireWoods LLP, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222; U. S. Bankruptcy Court) (tmh)
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Filing
2
MEMORANDUM OPINION AND ORDER: that the cases are consolidated for purposes of briefing and resolving the matter of remand; that Desimone Hospitality Services v. WV American Water Co., Civil Action 2:14-14845, is designated as the lead case with all f urther filings to be captioned and docketed in that case pending further Order of the Court; that counsel are directed to designate by agreement no more than three of their number from each of the plaintiff and the defendant sides to serve as liaison counsel for purposes of the consultations and to notice the designated lawyers on the record on or before 5/1/2014 and that liaison counsel are directed to meet and confer no later than 5/8/2014 for purposes of arriving at a proposed stipulated briefing schedule, etc. Signed by Judge John T. Copenhaver, Jr. on 4/18/2014. (cc: attys; any unrepresented party) (cds)
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