Simerly v. Osborne et al
| Tonya Simerly |
| C. L. Osborne |
| 2:2020cv00119 |
| February 11, 2020 |
| US District Court for the Southern District of West Virginia |
| Civil Shell Case Opening |
| 77 U.S.C. ยง 7777 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
34
DISMISSAL ORDER This Court DISMISSES Plaintiff's remaining claim, and subsequently, DISMISSES this action with prejudice; the Clerk is directed to remove this case from the Court's active docket. Signed by Judge Thomas E. Johnston on 12/3/2020. (cc: counsel of record; any unrepresented party) (ts)
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Filing
29
MEMORANDUM OPINION AND ORDER granting in part and denying in part 8 MOTION by C. L. Osborne, The City of Smithers, West Virginia to Dismiss 5 Amended Complaint. Count I of Plaintiff's complaint is DISMISSED WITH PREJUDICE to the extent it re lies on Article III, § 10 of the West Virginia Constitution; Count II of Plaintiff's complaint is DISMISSED WITH PREJUDICE as to both Defendants; Count III of Plaintiff's complaint is DISMISSED WITH PREJUDICE. The Court hereby DIRECTS Plaintiff to notify this Court in writing and within seven (7) days of this order whether she intends to pursue her claim under Article III, § 6 of the West Virginia Constitution, at which point the Court will stay this case pending the resolut ion of the certified question before the West Virginia Supreme Court of Appeals in Fields v. Mellinger, 2:19-cv-00493 (S.D. W. Va. Mar. 3, 2020). Plaintiff's remaining claims are hereby DISMISSED WITH PREJUDICE. Signed by Judge Thomas E. Johnston on 10/26/2020. (cc: counsel of record; any unrepresented party) (mk)
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Filing
18
MEMORANDUM OPINION AND ORDER denying Plaintiff's 6 MOTION to Remand. Signed by Judge Thomas E. Johnston on 5/28/2020. (cc: counsel of record; any unrepresented party) (hkl)
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| Plaintiff: Tonya Simerly | |
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| Defendant: C. L. Osborne | |
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