Adams v. Groves et al
MEMORANDUM OPINION AND ORDER granting 5 MOTION by Cliff's Logan County Coal to Dismiss 1 Complaint; and plaintiff Michael Adams' claims against CLCC are dismissed without prejudice to the filing of a third-party complaint by Garry Groves and Greenbrier Minerals against CLCC. Signed by Judge John T. Copenhaver, Jr. on 1/8/2018. (cc: counsel of record; any unrepresented parties) (taq)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF WEST VIRGINIA
Civil Action No. 2:17-cv-03127
GARRY GROVES, in his capacity as
VP Human Resources and
Administration at Greenbrier
Minerals, LLC; GREENBRIER
MINERALS, LLC; CLIFF’S LOGAN
COUNTY COAL; JOHN DOE
INDIVIDUALS (1-10); and JOHN
DOE CORPORATIONS (1-10),
MEMORANDUM OPINION AND ORDER
Pending is defendant Cliff’s Logan County Coal’s
(“CLCC”) motion to dismiss the complaint, filed June 27, 2017,
to which plaintiff Michael Adams (“Mr. Adams”) filed a response
in opposition on July 20, 2017.
Most recently, however, within
the parties’ Rule 26(f) report filed December 29, 2017, and at
the scheduling conference held with the court on January 5,
2018, Mr. Adams’ counsel, Steven Wolfe, expressed his agreement
that he lacks a plausible claim against CLCC, and that CLCC,
represented at the conference by Erin Magee, should be dismissed
from this action.
Defendants Garry Groves and Greenbrier
Minerals, LLC, appearing at the conference by their counsel,
Anna Dailey and Kelby Gray, disagree and note that information
DOES 1 THROUGH 10, inclusive,
ORDER AND NOTICE
produced during discovery may unveil grounds for a cross-claim
Pursuant to L.R. Civ. P. 16.1, it is ORDERED that the
following dates areCLCC.
by them against hereby fixed as the time by or on which
certain events must occur:
Motions under F.R. Civ. P. 12(b), together with
Be that as it may, the court agrees with Mr. Adams and
supporting briefs, memoranda, affidavits, or other
such matter in support thereof. (All motions
CLCC that he does not appear to have will be denied without
unsupported by memoranda a plausible claim against
prejudice pursuant to L.R. Civ. P. 7.1 (a)).
CLCC. Accordingly, it is ORDERED that CLCC’s motion to dismiss
Last day for Rule 26(f) meeting.
the complaint against it be, and hereby is, granted and
Last day to file Report of Parties= Planning
Meeting. See L.R. Civ. P. 16.1.
plaintiff Adams’ claims against CLCC are hereby dismissed
02/22/2016 prejudice to the filing of a 4:30 p.m. at complaint by
Scheduling conference at third-party the Robert C.
Byrd United States Courthouse in Charleston, before
the undersigned, unless canceled.
Groves and Greenbrier Minerals against CLCC. Lead counsel
directed to appear.
Entry of scheduling to forward copies of this
The Clerk is directed order.
Last day to serve F.R. Civ. P 26(a)(1) disclosures.
written opinion and order to all counsel of record and to any
The Clerk is requested to transmit this Order and
Notice to all counsel of record and to any unrepresented
ENTER: January 8, 2018
January 5, 2016
John T. Copenhaver, Jr.
United States District Judge
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