Fields v. Norfolk and Southern Railway Company
| Zachary Lyle Fields, Ronnie Lee Fields and Abbie Lynn Fields |
| Norfolk and Southern Railway Company |
| 3:2012cv04046 |
| August 3, 2012 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Kanawha |
| Robert C. Chambers |
| Other Personal Injury |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
16
MEMORANDUM OPINION AND ORDER granting Plaintiffs' Motion to Amend Complaint; Plaintiffs may file an amended complaint no later than 12/24/2012; further directing Plaintiffs to complete service of process no later than 30 days after filing an ame nded Complaint; denying without prejudice Defendant's 4 MOTION to Dismiss pursuant to Rules 12(b)(2) for lack of personal jurisdiction and 12(b)(3) for improper venue to file a renewed motion; denying without prejudice Defendant's motion to dismiss pursuant to Rule 12(b)(4) for insufficient process to file a renewed motion if Plaintiffs do not properly serve Defendant within the time set forth in this Order; denying Defendant's motion to dismiss pursuant to Rule 12(b)(5) for ins ufficient service of process; granting Defendant's motion to dismiss Plaintiffs' loss of parental consortium claims pursuant to Rule 12(b)(6) for failure to state a claim; Dismissing Plaintiffs' claims for loss of parental consortium. Signed by Judge Robert C. Chambers on 12/14/2012. (cc: attys; any unrepresented parties) (skm) (Modified on 12/14/2012 to clarify text) (mkw).
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