Perez v. West Virginia-American Water Company et al

Filing 42

MEMORANDUM OPINION AND ORDER granting 30 MOTION for Joinder; denying 18 MOTION to Dismiss; granting 19 MOTION to Consolidate Cases; denying 26 MOTION to Dismiss; directing as requested in the motion to consolidate, that defendants obligation to respond to the complaint be, and hereby is, stayed pending the completion of the class action settlement process. Signed by Judge John T. Copenhaver, Jr. on 7/31/2017. (cc: attys; any unrepresented party, Magistrate Judge) (tmr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
ROBERT PEREZ,
Plaintiff,
v.

Civil Action No. 2:16-1606

WEST VIRGINIA-AMERICAN WATER COMPANY,
AMERICAN WATER COMPANY, and EASTMAN
CHEMICAL COMPANY,
Defendants.

MEMORANDUM OPINION AND ORDER
Pending before the court are Eastman’s motion to dismiss
(ECF No. 18), filed February 9, 2017, West Virginia-American Water
Company’s motion to dismiss (ECF No. 26), filed February 27, 2017,
and Eastman’s motion to consolidate (ECF No. 19), filed February
9, 2017.

Both motions to dismiss arise from plaintiff’s alleged

failure to effect timely service.
On July 10, 2017 the parties appeared for a hearing on
those motions and a status conference before United States
Magistrate Judge Dwane L. Tinsley.

The court having received the

Proposed Findings and Recommendation of United States Magistrate
Judge Dwane L. Tinsley, filed on July 11, 2017, pursuant to the
provisions of 28 U.S.C. § 636(b)(1)(B); and having reviewed the
record in this proceeding; and there being no objections filed by
any party to the proposed findings and recommendation; and it

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
AT CHARLESTON
THOMAS PARKER,
appearing that both of the movants have now been properly served,
Plaintiff,
it is ORDERED that the findings and conclusions made in the
v.
Civil Action No. 15-14025
proposed findings and recommendation of the magistrate judge be,
THE DOW CHEMICAL COMPANY LONG TERM DISABILITY PROGRAM,
and they hereby are, adopted by the court. It is, therefore,
an Employee Welfare Benefits Plan,
LIBERTY LIFE ASSURANCE COMPANY OF BOSTON,
ORDERED that defendants’ motions to dismiss (ECF No.’s 18 and 26)
a Massachusetts Corporation, and
DOES 1 THROUGH 10, inclusive,
be, and they hereby are, denied.
Defendants.
Additionally, because this action stems from the same
ORDER AND NOTICE
circumstances alleged in the Good action, and in the interest of
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates are hereby fixed as the Eastman’sor on which motion
judicial economy, the court ORDERS that time by unopposed
certain events must occur:
to consolidate Motions under F.R. Civ. West12(b), together with
(ECF No. 19), in which P. Virginia American Water
01/28/2016
supporting briefs, memoranda, affidavits, or other
Company joins (ECF No. 30),in support thereof. is, granted, and
such matter be, and it hereby (All motions
unsupported by memoranda will be denied without
this action is prejudice pursuant to L.R. Civ. P. 7.1 (a)). action.
for all purposes consolidated with the Good
02/08/2016
Last plaintiff may participate in
Upon consolidation, day for Rule 26(f) meeting. the pending class
02/15/2016
Last day to file Report of Parties= Planning
action settlement. It is further ORDERED, as requested in the
Meeting. See L.R. Civ. P. 16.1.
motion to consolidate, that defendants’ obligation to respond to
02/22/2016
Scheduling conference at 4:30 p.m. at the Robert C.
Byrd United States Courthouse in the completion of
the complaint be, and hereby is, stayed pending Charleston, before
the undersigned, unless canceled. Lead counsel
directed to process.
the class action settlementappear.
02/29/2016

Entry of scheduling order.

The Clerk day directed to forward P 26(a)(1) this written
03/08/2016
Last is to serve F.R. Civ. copies of disclosures.
opinion and order to the plaintiff, all counsel of record, and the
The Clerk is requested to transmit this Order and
United States Magistrate Judge. and to any unrepresented
Notice to all counsel of record
parties.
ENTER: July 31, 20172016
DATED: January 5,
John T. Copenhaver, Jr.
United States District Judge
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