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04-056 - T. Weston, Inc. v. Mineral Co., WV, et al


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04-056 - T. Weston, Inc. v. Mineral Co., WV, et al
September 6, 2005
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OPINION/REPORT AND RECOMMENDATION re 8 Motion for TRO, Motion for Preliminary Injunction filed by T. Weston, Inc. Objections to R&R due by 9/20/2005. Signed by Judge John S. Kaull on 9/5/05. (cnd)
September 30, 2005
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ORDER adopting Magistrate Kaull's 21 Report and Recommendation. It is further ORDERED that Defendants be temporarily enjoined from enforcing Sections 5(A)(6), 8(F), 14(A), (B), (C) of the Mineral Co. Ordinance; that Defendants be prohibited from denying Plaintiff a location permit for the operation of its business at the same location as it was operating on 5/7/04; that a certification of question shall be addressed to the WV Supreme Court. Signed by Judge Robert E. Maxwell on 9/30/05. (cnd)
September 27, 2007
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OPINION/REPORT AND RECOMMENDATIONS re 40 MOTION for Leave to File Second Amended Complaint (Part 1) filed by T. Weston, Inc., 41 MOTION for Leave to File Second Amended Complaint (Part 2) filed by T. Weston, Inc. Objections to R&R due by 10/12/2007. Signed by Judge John S. Kaull on 9/25/07. (cnd)
October 4, 2007
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OPINION/REPORT AND RECOMMENDATION re 42 MOTION for Summary Judgment on Counts I, II, and III of the Amended Complaint, and filed by T. Weston, Inc., 43 MOTION for Summary Judgment on Counts I, II and III of the Amended Complaint, and (Part 2) filed by T. Weston, Inc. Objections to R&R due by 10/19/2007. Signed by Judge John S. Kaull on 10/3/07. (cnd)
October 31, 2007
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ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO WITHDRAW, INSTANTER, MOTION FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT: Denying as moot 40 Motion for Leave to File; Denying as moot 41 Motion for Leave to File; withdrawing 45 Report and Recommendations; granting 50 Motion for Leave to File. Signed by Judge John S. Kaull on 10/31/07. (cnd)
July 1, 2008
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OPION/REPORT AND RECOMMENDATION re: 60 MOTION for Summary Judgment filed by Mineral County, West Virginia and County Commission of Mineral County, West Virginia, Lynn A. Nelson; 57 MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Summary Judgment on Counts I, II, and III of the Amended Complaint, and.... MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Summary Judgment on Counts I, II, and III of the Amended Complaint, and.... filed by C. E. Leatherman, Gary White, John Doe #1, Mineral County, West Virginia and County Commission of Mineral County, West Virginia,, John Doe #2, Lynn A. Nelson Objections to R&R due by 7/16/2008. Signed by Magistrate Judge John S. Kaull on 7/1/08. (cwm)
August 12, 2008
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MEMORANDUM ORDER AND OPINION granting Plaintiff's 42 Motion for Summary Judgment; granting Plaintiff's 43 Motion for Summary Judgment; adopting in part and declined to adopt in part Magistrate Kaull's 46 Report and Recommendations; denying Defendants' 57 Motion to Modify Scheduling Order to Extend Deadline for Dispositive Motions and for Extension to Respond to Plaintiff's Motion for Summary Judgment; denying Defendants' 60 Motion for Summary Judgment; adopting and affirming Magistrate Kaull's 73 Report and Recommendations; the Defendants are hereby enjoined from enforcing the Ordinance; Defendants shall provide the Plaintiff and the Court any insurance policy and declaration page which may provide coverage within 20 days; Plaintiff shall then have 14 days upon receipt to inform the Court whether it wishes to assert that the policy waives any immunity; Defendants are hereby enjoined from excluding persons 18-21 yoa from premises exhibiting exotic entertainment and from sanctioning entities that provide exotic entertainment; an injunction is hereby issued requiring return and reinstatement of the Plaintiff's exotic entertainment permit; Defendants are hereby enjoined from revoking any exotic entertainment permit w/out proper notice and hearing; Telephone conference call set for 9/25/08 at 4:00 pm. Signed by Chief Judge John Preston Bailey on 8/12/08. (cnd)