Legal Opinion
Stafford Ems, Inc. v. J.B. Hunt Transport, Inc.
District Court, S.D. West Virginia
Decided March 31, 2003No. 2:02-0886PublishedCited by 4 opinions
1Opinion of the Court
ORDER
COPENHAVER, District Judge.
This matter is before the court on plaintiffs motion to remand, filed July 12, 2002.
Also pending are defendants’ motions to dismiss. Defendant Tom Robertson (“Robertson”) filed a motion to dismiss on June 25, 2002, while defendants J.B. Hunt Transport, Inc. (“J.B. Hunt”) and Custard Insurance Adjusters, Inc. (“Custard”) filed motions to dismiss on July 2 and 3, 2002, respectively. Where, as here, a motion to remand and Rule 12(b)(6) motions to dismiss are both made, it is ordinarily improper to resolve the Rule 12(b)(6) motions before deciding the motion to…
2Cases cited14 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Stephen B. Batoff, ph.d. v. State Farm Insurance Company, Leonard M. Paul, ed.dCourt of Appeals for the Third Circuit · 1992
- B., Inc. v. Miller Brewing CompanyCourt of Appeals for the Fifth Circuit · 1981
- Larry Jerome Brooks v. City of Winston-Salem, North Carolina M.N. Barker, Individually and as a City Police OfficerCourt of Appeals for the Fourth Circuit · 1996
- Gus Poulos and A.G.P. Marketing v. Naas Foods, Incorporated and Ranks, Hovis, McDougall Plc Group (Rhm Holdings U.S.A. Incorporated)Court of Appeals for the Seventh Circuit · 1992
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3Cited by4 opinions
- Dotson v. Elite Oil Field Services, Inc.District Court, N.D. West Virginia · 2015
- Wetzel v. EMPLOYERS SERVICE CORP. OF WVWest Virginia Supreme Court · 2007
- Horne v. Lightning Energy Services, LLCDistrict Court, N.D. West Virginia · 2015
- Wetzel v. EMPLOYERS SERVICE CORP. OF WVWest Virginia Supreme Court · 2007