The Marshall County Coal Company et al v. Oliver et al

Filing 3

MOTION to Remand to State Court by Murray Energy Corporation. (Delk, David)

Case 5:17-cv-00099-JPB Document 3 Filed 07/07/17 Page 1 of 3 PageID #: 122

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

THE MARSHALL COUNTY COAL COMPANY, THE
MARION COUNTY COAL COMPANY, THE
MONONGALIA COUNTY COAL COMPANY, THE
HARRISON COUNTY COAL COMPANY, THE OHIO
COUNTY COAL COMPANY, MURRAY ENERGY
CORPORATION, and ROBERT E. MURRAY,

Civil Action No.: 5:17-CV-99
Judge John Preston Bailey

Plaintiffs,
CIVIL ACTION NO. 17-C124

v.
JOHN OLIVER, CHARLES WILSON, PARTIALLY
IMPORTANT PRODUCTIONS, LLC, HOME BOX
OFFICE, INC., TIME WARNER, INC., and DOES 1
through 10,

Judge Cramer
(Marshall County Circuit
Court)

Defendants.
PLAINTIFFS’ MOTION TO REMAND
Plaintiffs, by counsel, move to remand this civil action back to the Circuit Court of
Marshall County, West Virginia pursuant to 28 U.S.C. §1447. As more fully presented in the
accompanying memorandum of law in support of the motion to remand, no diversity exists
between the parties, and the action was not properly removed to this court. Plaintiffs would
further request that any order remanding this action require payment of just costs and expenses,
including attorney fees, incurred as a result of the removal pursuant to 28 U.S.C. §1447(c).
Wherefore, plaintiffs request that their motion to remand be granted.

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Case 5:17-cv-00099-JPB Document 3 Filed 07/07/17 Page 2 of 3 PageID #: 123

Dated: July 7, 2017

Respectfully submitted,

____/s/ David L. Delk Jr.________________
Of Counsel for Plaintiff
Jeffrey A. Grove, Esq. (#6065)
David L. Delk, Jr., Esq. (#6883)
GROVE, HOLMSTRAND & DELK, PLLC
44 1/2 15th Street
Wheeling, WV 26003
[phone]
[phone] (facsimile)

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10260997 v1

Case 5:17-cv-00099-JPB Document 3 Filed 07/07/17 Page 3 of 3 PageID #: 124

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF WEST VIRGINIA

THE MARSHALL COUNTY COAL COMPANY, THE
MARION COUNTY COAL COMPANY, THE
MONONGALIA COUNTY COAL COMPANY, THE
HARRISON COUNTY COAL COMPANY, THE OHIO
COUNTY COAL COMPANY, MURRAY ENERGY
CORPORATION, and ROBERT E. MURRAY,

Civil Action No.: 5:17-CV-99
Judge John Preston Bailey

Plaintiffs,
CIVIL ACTION NO. 17-C124

v.
JOHN OLIVER, CHARLES WILSON, PARTIALLY
IMPORTANT PRODUCTIONS, LLC, HOME BOX
OFFICE, INC., TIME WARNER, INC., and DOES 1
through 10,

Judge Cramer
(Marshall County Circuit
Court)

Defendants.
CERTIFICATE OF SERVICE
I hereby certify that the foregoing Service of the foregoing PLAINTIFFS’
MOTION TO REMAND was electronically filed with the Clerk of this Court on the 7th
day of July, 2017, by using the CM/ECF system who shall provide electronic notice of
such filing to the following:
Robert P. Fitzsimmons, Esq.
W. Va. State Bar I.D. #1212
Clayton J. Fitzsimmons, Esq.
W. Va. State Bar I.D. #10823
FITZSIMMONS LAW FIRM, PLLC
1609 Warwood Avenue
Wheeling, WV 26003
(Counsel for Home Box Office, Inc.)
____/s/ David L. Delk, Jr._______________
Of Counsel for Plaintiffs
Jeffrey A. Grove, Esq. (#6065)
David L. Delk, Jr., Esq. (#6883)
GROVE, HOLMSTRAND & DELK, PLLC
44 1/2 15th Street
Wheeling, WV 26003
[phone] / [phone] (facsimile)
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10260997 v1