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GRACE v. SPARKS

Civil Action Nos. 2:15-01505 (Lead action), 2:15-00281

TINA M. GRACE and LARRY GRACE, Plaintiffs, v. C. MICHAEL SPARKS and MICHAEL THORNSBURY and JAY LOCKARD, individually and in their (former) official capacity, and THE WEST VIRGINIA SUPREME COURT OF APPEALS and STEVEN D. CANTERBURY, its administrator, and THE MINGO COUNTY COMMISSION, together with its present (and former) commissioner(s) and in their (his) official capacity, and GREG SMITH and JOHN MARK HUBBARD and DIANN HANNAH and DAVID L. BAISDEN and MINGO COUNTY BOARD OF EDUCATION, Defendants. TINA M. GRACE and LARRY GRACE, Plaintiffs, v. C. MICHAEL SPARKS and MICHAEL THORNSBURY and JAY LOCKARD, individually and in their (former) official capacity, and THE WEST VIRGINIA SUPREME COURT OF APPEALS and STEVEN D. CANTERBURY, its administrator, and THE MINGO COUNTY COMMISSION and MINGO COUNTY COMMISSIONERS, in their official capacity, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

July 25, 2016.

Attorney(s) appearing for the Case

Tina M. Grace, Plaintiff, represented by Richard A. Robb .

Larry Grace, Plaintiff, represented by Richard A. Robb .

The Mingo County Commission, Defendant, represented by R. Carter Elkins , ELKINS RAY & Tyler B. Smith , ELKINS RAY.

Greg Smith, Defendant, represented by R. Carter Elkins , ELKINS RAY & Tyler B. Smith , ELKINS RAY.

John Mark Hubbard, Defendant, represented by R. Carter Elkins , ELKINS RAY & Tyler B. Smith , ELKINS RAY.

David L. Baisden, Defendant, represented by R. Carter Elkins , ELKINS RAY & Tyler B. Smith , ELKINS RAY.

Diann Hannah, Defendant, represented by R. Carter Elkins , ELKINS RAY & Tyler B. Smith , ELKINS RAY.

Wesley Kent Varney, Guardian ad Litem, represented by Wesley Kent Varney , pro hac vice.

John H. Tinney, Jr., Guardian ad Litem, represented by John H. Tinney, Jr. , HENDRICKSON & LONG.

James M. Cagle, Guardian ad Litem, represented by James M. Cagle .

National Union Fire Insurance Company of Pittsburgh, PA., Movant, represented by Andrew S. Dornbos , SPILMAN THOMAS & BATTLE, Don C.A. Parker , SPILMAN THOMAS & BATTLE & Glen A. Murphy , SPILMAN THOMAS & BATTLE.

MEMORANDUM OPINION AND ORDER

Pending is a motion for leave to file for summary judgment out of time by defendant Mingo County Commission and its present or former Commissioners in their official capacities, Greg Smith, John Mark Hubbard, Diann Hannah and David L. Baisden,...

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