Adams v. Groves et al

Filing 25

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)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF WEST VIRGINIA AT CHARLESTON MICHAEL ADAMS, Plaintiff, v. 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), Defendants. 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, Defendants. 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: 01/28/2016 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 02/08/2016 Last day for Rule 26(f) meeting. the complaint against it be, and hereby is, granted and 02/15/2016 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. without Byrd United States Courthouse in Charleston, before the undersigned, unless canceled. Groves and Greenbrier Minerals against CLCC. Lead counsel directed to appear. 02/29/2016 Entry of scheduling to forward copies of this The Clerk is directed order. 03/08/2016 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 unrepresented parties. Notice to all counsel of record and to any unrepresented parties. ENTER: January 8, 2018 DATED: January 5, 2016 John T. Copenhaver, Jr. United States District Judge 2

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