Ohio Valley Environmental Coalition, Inc. et al v. Alex Energy, Inc. et al

Filing 55

MEMORANDUM OPINION AND ORDER granting Plaintiff's 23 MOTION to Compel; denying Defendant's 29 MOTION for Partial Summary Judgment; granting Plaintiff's 39 MOTION for Relief under Federal Rule of Civil Procedure 56(d). Signed by Judge Robert C. Chambers on 6/13/2013. (cc: attys; any unrepresented party) (tmr)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
CHARLESTON DIVISION

OHIO VALLEY ENVIRONMENTAL
COALITION, INC., et al.,
Plaintiffs,
v.

CIVIL ACTION NO. 2:12-3412
(Consolidated with 2:13-6870)

ALEX ENERGY, INC., et al.,
Defendants.

MEMORANDUM OPINION AND ORDER

Pending before the Court is Plaintiffs’ motion to compel inspection (ECF No. 23),
Defendants’ motion for partial summary judgment (ECF No. 29), and Plaintiffs’ motion for relief
under Federal Rule of Civil Procedure 56(d) (ECF No. 39). After reviewing the pleadings, and
for reasons appearing to the Court, the Court now GRANTS Plaintiffs’ motion to compel
inspection (ECF No. 23), DENIES as premature Defendants’ motion for partial summary
judgment (ECF No. 29), and GRANTS Plaintiffs’ motion for relief under Federal Rule of Civil
Procedure 56(d) (ECF No. 39). In doing so, the Court notes that Defendants raise serious
questions concerning whether post-complaint violations support a finding of violations at the
time of the complaint. At this point, however, the Court is not inclined the reach the question and
is not now deciding definitively whether Plaintiffs can ultimately use the sampling the Court now
allows.
The Court DIRECTS the Clerk to send a copy of this written Opinion and Order to
counsel of record and any unrepresented parties.

ENTER:

June 13, 2013