Deweese et al v. West Virginia-American Water Company, No. 2:2014cv14879 - Document 4 (S.D.W. Va. 2015)

Court Description: 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 Water 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 t he 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 Company , 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 remand ed 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 Virginia -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 were 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 Ameri can 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 of 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)( (skh)
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Deweese et al v. West Virginia-American Water Company Doc. 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON DESIMONE HOSPITALITY SERVICES, LLC, Plaintiff, v. Lead Civil Action No.: 2:14-14845 WEST VIRGINIA-AMERICAN WATER COMPANY, Defendant. ORDER Pursuant to the companion memorandum opinion and order entered this date contemporaneously herewith, it is ORDERED that the following thirty-four cases in this consolidated action, each of which names as its sole defendant West Virginia-American Water Company, be, and they hereby are, remanded to the respective state circuit courts from which they were removed: Cases solely against West Virginia-American Water Co. CASE NO. PLAINTIFF(S) 2:14-14890 Brogan, Jason 2:14-14887 Buffalo Volunteer Fire Dept., Inc. 2:14-14895 Gravely, Richard 2:14-14893 J.E., individually and on behalf of their minor child, K.E. 2:14-14896 Miller, Scott, et al. 2:14-14870 Town of Buffalo (The) 2:14-14885 Barber, Mary 2:14-14871 Briscoe, Ronnie Allen, et al. 2:14-14845 Desimone Hospitality Services, LLC 2:14-14873 Desimone, Jr., William, et al. Dockets.Justia.com 2:14-14879 2:14-14877 2:14-14889 2:14-14892 2:14-14888 2:14-14884 2:14-14872 2:14-14878 2:14-14880 2:14-14882 2:14-14866 2:14-14868 2:14-14894 2:14-14876 2:14-14874 2:14-14899 2:14-14881 2:14-14886 2:14-14898 2:14-14867 2:14-14869 2:14-14875 2:14-14891 2:14-14900 Deweese, Christopher M., et al. Deweese, Gary N., et al. EJ&K Enterprises, LLC, et al. Falbo & Monday, PLLC, et al. Forbis, Trent, et al. Harris, Misty Hedrick, Deborah J. Johns, Geraldine Jordan, Christopher Jordan, Margie Little Bo Peep Daycare, et al. Maid In The USA, Inc. Medley, Melissa Jean Moore, Darrell L., et al. Newhouse, Larry, et al. Ord, Kristy, et al. Sandylou & Tiffany 2, LLC dba Angaleno's Pizza Shamblin, Warren, et al. Stewart, Daniel Cleve Tucker, Bobby L., et al. Tucker, Otis, et al. Wellington's, Inc. AM & GH, LLC , et al. Adelphia, et al. It is ORDERED that the above cases be, and they hereby are, stricken from the docket of the court. In the following thirteen cases in this consolidated action, in which both the debtor Freedom Industries, Inc. (“Freedom”) and West Virginia-American Water Company are named as defendants, it is ORDERED that claims against West VirginiaAmerican Water Company be, and they hereby are, severed from the claims against Freedom. It is further ORDERED that the claims 2 against West Virginia-American Water Company be, and they hereby are, remanded to the respective state circuit courts from which they were removed: Cases against Freedom & West Virginia-American Water Co. CASE NO. PLAINTIFF(S) 2:14-14848 Fields, Maddie P. 2:14-14847 Hardman, Noel, et al. 2:14-14883 Konnovitch, Nick 2:14-14859 Kuppel, LLC, et al. 2:14-14860 Larwa, Shannon, et al. 2:14-14849 Rodoco, Inc. dba Donut Connection, et al. 2:14-14851 Dyer, Susan K., individually and on behalf of all others similarly situated 2:14-14864 Hair We Are, Inc. 2:14-14856 Joe Fazio's Restaurant, Inc. 2:14-14901 Kanawha Gourmet Sandwiches, LLC, individually and on behalf of all others similarly situated 2:14-14862 Levin, John, et al. 2:14-14858 Nelson, John, et al. 2:14-14855 Pray Construction Company, et al. 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 Company, and Dennis Farrell, claims against West VirginiaAmerican Water Company and Dennis Farrell be, and they hereby are, severed from the claims against Freedom. It is further ORDERED that the claims against West Virginia-American Water Company and Dennis Farrell be, and they hereby are, remanded to the Circuit Court of Kanawha County. 3 It is further ORDERED that in the following two cases, in which plaintiffs bring claims against Freedom, West VirginiaAmerican Water Company, and various John Doe defendants, claims against West Virginia-American Water Company and the John Does be, and they hereby are, severed from the claims against Freedom. It is further ORDERED that the claims against West Virginia-American Water Company and the John Does be, and they hereby are, remanded to the state circuit courts from which they were removed: Cases against Freedom, West Virginia-American Water Co. and John Doe Defendants CASE NO. PLAINTIFF(S) 2:14-14850 EG&K, Inc., et al. 2:14-14865 Gurski, June It is further ORDERED that in the following two cases, in which plaintiffs bring claims against Freedom, West VirginiaAmerican Water Company, and American Water Works Service Company, Inc., claims against West Virginia-American Water Company and American Water Works Service Company, Inc. be, and they hereby 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. be, and they hereby are, remanded to the Circuit Court of Kanawha County: 4 Cases against Freedom, West Virginia-American Water Co. and American Water Works Service Company, Inc. CASE NO. PLAINTIFF(S) 2:14-14854 Harvey, Von 2:14-14846 Shape Shop, Inc., et al. Finally, the court ORDERS that the claims against Freedom in all of the above-named actions and in the remaining four actions below be, and they hereby are, stayed pending the resolution of the Freedom bankruptcy: CASE NO. 2:14-14852 2:14-14861 2:14-14857 2:14-14863 Cases solely against Freedom PLAINTIFF(S) 5 Corners Café, LLC, et al. Christian, Cornellisus D. Gandee, Laura, individually and as representative of others similarly situated Graziano Investments, Inc., et al. The Clerk is directed to send a copy of this order to counsel of record and any unrepresented parties, along with Mark E Freedlander, Esq., McGuireWoods LLP, 625 Liberty Avenue, 23rd Floor, Pittsburgh, PA 15222. DATED: December 17, 2015 Judge John T. Copenhaver, Jr. United States District Judge 5