EG & K Inc. et al v. Freedom Industries, Inc. et al

Filing 4

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 Wate r 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 the 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 Compa ny, 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 rema nded 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 Virgin ia-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 wer e 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 Ame rican 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 o f 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) (tmh)

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.

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