The Marshall County Coal Company et al v. Oliver et al

Federal Civil Lawsuit West Virginia Northern District Court, Case No. 5:17-cv-00099-JPB
District Judge John Preston Bailey, presiding
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District Judge John Preston Bailey
Last Updated August 23, 2017 at 12:09 AM EDT (7.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Murray Energy Corporation, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
No Logo Robert E. Murray, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
No Logo The Harrison County Coal Company, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
No Logo The Marion County Coal Company, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
No Logo The Marshall County Coal Company, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
No Logo The Monongalia County Coal Company, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
No Logo The Ohio County Coal Company, Plaintiff

Represented by Benesch Friedlander Coplan & Aronoff, LLP

Name Phone Fax E-Mail
Space William M. Alleman, Jr. +1 302 442 7010 +1 302 442 7012 walleman@beneschlaw.com
Space Eric Baisden +1 216 363 4500 +1 216 363 4588 ebaisden@beneschlaw.com
Space MICHAEL JASON BARRIE +1 267 207 2947 +1 267 207 2949 mbarrie@beneschlaw.com

Represented by Grove & Delk, PLLC

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED David L. Delk, Jr. +1 304 905 1961 +1 304 905 8628 ddelk@grovedelklaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey A. Grove +1 304 905 1961 +1 304 905 8628 jgrove@grovedelklaw.com
v.
No Logo CHARLES WILSON, Defendant
No Logo Does 1 through 10, Defendant
No Logo Home Box Office, Inc., Defendant

Represented by FITZSIMMONS LAW FIRM

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Clayton J. Fitzsimmons +1 304 277 1700 +1 304 277 1705 Clayton@fitzsimmonsfirm.com
Space Clayton J. Fitzsimmons +1 304 277 1700 +1 304 277 1705 Clayton@fitzsimmonsfirm.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Robert Patrick Fitzsimmons +1 304 277 1700 +1 304 277 1705 bob@fitzsimmonsfirm.com

Represented by Williams & Connolly, LLP

Name Phone Fax E-Mail
Space Kevin Taylor Baine +1 202 434 5010 +1 202 434 5029 KBaine@wc.com
Space Thomas G Hentoff +1 202 434 5804 +1 202 434 5029 thentoff@wc.com
No Logo John Oliver, Defendant
No Logo PARTIALLY IMPORTANT PRODUCTIONS, LLC, Defendant
Time Warner, Inc. Time Warner, Inc., Defendant
Other Parties
No Logo ACLU of West Virginia, Amicus

Represented by ACLU of West Virginia Foundation

Name Phone Fax E-Mail
Space Jamie Lynn Crofts +1 304 345 9246 +1 304 345 0207 jcrofts@acluwv.org
Attributes
Office Wheeling
Filed 6/30/2017
Jury Demand Plaintiff
Demand
Nature of Suit 320 - Personal Injury: Assault Libel & Slander
Cause Section 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander
Jurisdiction Diversity
Disposition
County Marshall
Terminated
Origin 2
Reopened None
Lead Case None
Related Case
Other Court Case 17-C-124[Circuit Court of Marshall County, WV]
Defendant Custody Status
Timeline
  Entries (33) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 34 Filed: 8/11/2017, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER: The Motion for Leave to File Brief Amicus Curiae, filed by the ACLU of West Virginia 26 , and the Motion for Leave to File Separate Motions Under Fed. R. Civ. P. 12 or, Alternatively, for Leave to Exceed Page Limitation of Twenty-Five Pages and Memorandum in Support Thereof, filed by Defendants Home Box Office, Inc., Partially Important Productions, LLC, and Time Warner, Inc. 28 , are hereby DENIED AS MOOT. Signed by District Judge John Preston Bailey on 8/11/2017. (ch) (Entered: 08/11/2017)
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Legal Document 33 Filed: 8/10/2017, Entered: None Unknown Document Type
LETTER from Deputy Clerk to Clerk, Circuit Court of Marshall County enclosing certified copy of docket sheet and 32 ORDER GRANTING PLAINTIFFS' MOTION TO REMAND. (copy to Circuit Clerk via US Mail; copy to counsel via CM/ECF) (nmm) (Entered: 08/10/2017)
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Legal Document 32 Filed: 8/10/2017, Entered: None Unknown Document TypeCourt Filing
ORDER GRANTING 3 PLAINTIFFS' MOTION TO REMAND. Plaintiffs Motion for Preliminary Injunction and Motion for Temporary Restraining Order [Doc. 21] is hereby DENIED AS MOOT. this action is hereby REMANDED to the Circuit Court of Marshall County, West Virginia. This case is hereby ORDERED STRICKEN from the active docket of this Court. Signed by District Judge John Preston Bailey on 8/10/2017. (copy to counsel via CM/ECF; copy to Clerk of Circuit Court of Marshall County via US Mail) (nmm) (Entered: 08/10/2017)
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Legal Document (Payment Possibly Required) 31 Filed: 8/9/2017, Entered: None Unknown Document TypeCourt Filing
PAPERLESS ORDER: For reasons appearing to the Court, the August 11, 2017, deadline 6 for Defendants Home Box Office, Inc., Time Warner, Inc., and Partially Important Productions, LLC, to answer or otherwise plead to the Complaint is hereby VACATED. The Defendants shall have until August 25, 2017, to do the same. Signed by District Judge John Preston Bailey on 8/9/2017. (ch) (Entered: 08/09/2017)
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Legal Document 30 Filed: 8/8/2017, Entered: 8/8/2017 Objections
OBJECTIONS Plaintiffs' Corrected Objection to the Motion for Leave to File Brief Amicus Curiae to 26 MOTION for Leave to File Brief Amicus Curiae by Robert E. Murray. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Delk, David) (Entered: 08/08/2017)
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Blank 29 Filed: 8/7/2017, Entered: None Unknown Document Type
OBJECTIONS Plaintiffs' Objection to the Motion for Leave to File Brief Amicus Curiae to 26 MOTION for Leave to File Brief Amicus Curiae by Robert E. Murray. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Grove, Jeffrey) (Entered: 08/07/2017)
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Legal Document (Payment Possibly Required) 28 Filed: 8/4/2017, Entered: None Leave to File Document
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Legal Document 27 Filed: 8/2/2017, Entered: None Amended Document (Not Motion)
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Legal Document (Payment Possibly Required) 26 Filed: 8/1/2017, Entered: 8/1/2017 Motion for Leave to File
MOTION for Leave to File Brief Amicus Curiae by ACLU of West Virginia. (Attachments: # (1) Proposed Amicus Brief, # (2) Exhibit Exhibit A)(Crofts, Jamie)
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Legal Document (Payment Possibly Required) 25 Filed: 7/31/2017, Entered: 7/31/2017 Order on Motion for Leave to AppearCourt Filing
ORDER granting [16] Motion for Leave to Appear Pro Hac Vice for Michael J. Barrie. Signed by District Judge John Preston Bailey on 7/31/2017. (copy to counsel via CM/ECF) (nmm)
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Legal Document (Payment Possibly Required) 24 Filed: 7/31/2017, Entered: 7/31/2017 Order on Motion for Leave to AppearCourt Filing
ORDER granting [17] Motion for Leave to Appear Pro Hac Vice for Eric Baisden. Signed by District Judge John Preston Bailey on 7/31/2017. (copy to counsel via CM/ECF) (nmm)
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Legal Document (Payment Possibly Required) 23 Filed: 7/31/2017, Entered: 7/31/2017 Order on Motion for Leave to AppearCourt Filing
ORDER granting [18] Motion for Leave to Appear Pro Hac Vice for William M. Alleman, Jr. Signed by District Judge John Preston Bailey on 7/31/2017. (copy to counsel via CM/ECF) (nmm)
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Legal Document 22 Filed: 7/28/2017, Entered: 7/28/2017 Reply to Response to Motion
REPLY to Response to Motion re [21] MOTION for Preliminary Injunction MOTION for Temporary Restraining Order Plaintiffs' Reply Regarding Their Motion for a Temproary Restraining Order filed by Robert E. Murray. (Grove, Jeffrey)
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Legal Document (Payment Possibly Required) 20 Filed: 7/28/2017, Entered: 7/28/2017 Memorandum in Support of Motion
Memorandum in Support re [3] MOTION to Remand to State Court Plaintiffs' Reply in Support of Their Motion to Remand filed by Robert E. Murray. (Grove, Jeffrey)
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Legal Document (Payment Possibly Required) 19 Filed: 7/25/2017, Entered: 7/25/2017 Filing Fee Received
PHV Filing fee for Attorneys Barrie, Baisden and Alleman: $ 600.00, receipt number WVNW001733 (lmm)
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Legal Document (Payment Possibly Required) 18 Filed: 7/24/2017, Entered: 7/24/2017, Terminated: 7/31/2017 Motion for Leave to Appear
MOTION for Leave to Appear Pro Hac Admission William M. Alleman,Jr. by Robert E. Murray. (Attachments: # (1) Attachment, # (2) Exhibit A)(Delk, David)
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Legal Document (Payment Possibly Required) 17 Filed: 7/24/2017, Entered: 7/24/2017, Terminated: 7/31/2017 Motion for Leave to Appear
MOTION for Leave to Appear Pro Hac Admission Eric Baisden by Robert E. Murray. (Attachments: # (1) Attachment Order, # (2) Exhibit A)(Delk, David)
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Legal Document (Payment Possibly Required) 16 Filed: 7/24/2017, Entered: 7/24/2017, Terminated: 7/31/2017 Motion for Leave to Appear
MOTION for Leave to Appear Pro Hac Admission Michael Barrie by Robert E. Murray. (Attachments: # (1) Attachment Order, # (2) Exhibit A, # (3) Exhibit B)(Delk, David)
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Blank 15 Filed: 7/24/2017, Entered: 7/24/2017 Notice (Other)
CLERK'S PAPERLESS NOTICE: Exhibit #2 (DVD) re [13] MEMORANDUM and Exhibits A and B (DVDs) re [14] Memorandum were delivered to the Wheeling Clerk's Office and have been placed in the Court's file. (kac)
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Legal Document 14 Filed: 7/21/2017, Entered: 7/21/2017 MEMORANDUM
MEMORANDUM in Opposition to Plaintiff's [21] Motion for a Temporary Restraining Order by Home Box Office, Inc., Partially Important Productions, LLC, Time Warner, Inc. . (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit E (con'd), # (7) Exhibit F, # (8) Exhibit G)(Fitzsimmons, Robert) Modified on 7/28/2017 to link to Motion (kac).
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Legal Document 13 Filed: 7/21/2017, Entered: 7/21/2017 Memorandum in Opposition to Motion
Memorandum in Opposition re [3] MOTION to Remand to State Court filed by Home Box Office, Inc.. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5)(Fitzsimmons, Robert)
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Legal Document (Payment Possibly Required) 11 Filed: 7/19/2017, Entered: 7/19/2017 Order on Motion for Leave to AppearCourt Filing
ORDER granting [8] Motion for Leave to Appear Pro Hac Vice for Kevin T. Baine. Signed by District Judge John Preston Bailey on 7/19/2017. (copy to counsel via CM/ECF) (nmm)
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Legal Document (Payment Possibly Required) 10 Filed: 7/19/2017, Entered: 7/19/2017 Order on Motion for Leave to AppearCourt Filing
ORDER granting [7] Motion for Leave to Appear Pro Hac Vice for Thomas G. Hentoff. Signed by District Judge John Preston Bailey on 7/19/2017. (copy to counsel via CM/ECF) (nmm)
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Legal Document (Payment Possibly Required) 9 Filed: 7/18/2017, Entered: 7/18/2017 Filing Fee Received
PHV Filing fee for Attorneys Hentoff and Baine, $ 400.00, receipt number WVNW001729. (lmm)
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Legal Document (Payment Possibly Required) 8 Filed: 7/18/2017, Entered: 7/18/2017, Terminated: 7/19/2017 Motion for Leave to Appear
MOTION for Leave to Appear Pro Hac Vice Kevin T. Baine by Home Box Office, Inc., Partially Important Productions, LLC, Time Warner, Inc.. (Attachments: # (1) Attachment A, # (2) Text of Proposed Order)(Fitzsimmons, Robert)
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Legal Document (Payment Possibly Required) 7 Filed: 7/18/2017, Entered: 7/18/2017, Terminated: 7/19/2017 Motion for Leave to Appear
MOTION for Leave to Appear Pro Hac Vice Thomas G. Hentoff by Home Box Office, Inc., Partially Important Productions, LLC, Time Warner, Inc.. (Attachments: # (1) Attachment A, # (2) Text of Proposed Order)(Fitzsimmons, Robert)
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Legal Document 6 Filed: 7/17/2017, Entered: 7/17/2017 Order on Motion for Extension of Time to AnswerCourt Filing
ORDER: granting [5] Motion for Extension of Time to Answer. It is hereby ORDERED that Defendants Home Box Office, Inc; Time Warner, Inc.; and Partially Important Productions, LLC are granted an extension of time until August 11, 2017 to answer or otherwise plead to the Complaint. Signed by District Judge John Preston Bailey on 7/17/2017. (copy to counsel via CM/ECF) (nmm)
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Legal Document (Payment Possibly Required) 5 Filed: 7/14/2017, Entered: 7/14/2017, Terminated: 7/17/2017 Motion for Extension of Time to File Answer
MOTION for Extension of Time to File Answer or Otherwise Plead to the Complaint by Home Box Office, Inc., Partially Important Productions, LLC, Time Warner, Inc.. (Attachments: # (1) Text of Proposed Order)(Fitzsimmons, Robert)
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Legal Document 4 Filed: 7/7/2017, Entered: 7/7/2017 Memorandum in Support of Motion
Memorandum in Support re [3] MOTION to Remand to State Court filed by Robert E. Murray. (Delk, David)
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Legal Document (Payment Possibly Required) 3 Filed: 7/7/2017, Entered: 7/7/2017 Motion to Remand to State Court
MOTION to Remand to State Court by Murray Energy Corporation. (Delk, David)
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Legal Document (Payment Possibly Required) 21 Filed: 6/30/2017, Entered: 7/28/2017 Motion for Preliminary InjunctionCourt Filing
MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Robert E. Murray, Murray Energy Corporation, The Harrison County Coal Company, The Marion County Coal Company, The Marshall County Coal Company, The Monongalia County Coal Company, The Ohio County Coal Company. (Attachments: # (1) Memorandum of Law in Support, # (2) Affidavit - Heather Santini, # (3) Affidavit - John Klayko, # (4) Affidavit - Robert E. Murray)(kac) (Motion was filed in Marshall County Circuit Court on 6/28/2017) (Judge Bailey's Chambers Notified)
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Legal Document (Payment Possibly Required) 2 Filed: 6/30/2017, Entered: 6/30/2017 Corporate Disclosure Statement
Corporate Disclosure Statement by Home Box Office, Inc. identifying Corporate Parent Time Warner, Inc. for Home Box Office, Inc... (Fitzsimmons, Robert)
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Legal Document 1 Filed: 6/30/2017, Entered: 6/30/2017 Notice of Removal
NOTICE OF REMOVAL with State Court Papers from Circuit Court of Marshall County, WV, (case number 17-C-124), filed by Home Box Office, Inc. Filing Fee $400 - Receipt #0424-2379785. (Attachments: # (1) Exhibit A - Certified copies of all process, pleadings and orders from State Court, # (2) Civil Cover Sheet) (copy to counsel via CM/ECF) (nmm)
  • Attachment 1 0424-2379785. (Attachments:
  • Attachment 2 Exhibit A - Certified copies of all process, pleadings and orders from State Court
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