Michael et al v. The Estate Of Alex Kovarbasich et al, No. 1:2014cv00212 - Document 99 (N.D.W. Va. 2015)

Court Description: MEMORANDUM OPINION AND REPORT AND RECOMMENDATION. It is this Court's Recommendation that Plaintiffs' 64 Motion for Leave to Amend the Complaint to add Leonard Sacchette as a defendant be DENIED. Further, this Court recommends that the remaining relief requested in Defendant Consol's 68 Motion to Strike Plaintiffs' Motion to Amend the Complaint or, Alternatively, the Affidavit and other Testimony of Lawrence Leroy Layne be DENIED AS MOOTED BY THIS COURT'S RECOMMEN DATION WITH RESPECT TO DOCKET NO. 64 . Any party may, within 14 days after being served with a copy of this Memorandum Opinion and Report and Recommendation, file with the Clerk of Court written objections identifying the portions of the Memorandum Opinion and Report and Recommendation to which objection is made and the basis for such objection. Signed by Magistrate Judge John S. Kaull on 9/29/15. (mh)