Please E-mail suggested additions, comments and/or corrections to Kent@MoreLaw.Com.

Help support the publication of case reports on MoreLaw

Date: 10-24-2018

Case Style:

Melinda K. Gabe v. Dolgencorp, LLC, d/b/a Dollar General

Case Number: 5:17-cv-04380

Judge: Irene C. Berger

Court: United States District Court for the Southern District of West Virginia (Raleigh County)

Plaintiff's Attorney: Matt Stonestreet and Troy Giatras

Defendant's Attorney: Marey Casey, Rita Massie Biser, Tonya Patrick Shuler

Description: Beckley, WV - Melinda K. Gabe sued Dolgencorp, LLC, d/b/a Dollar General on a personal injury negligence theory (premises liability).

This case was filed in the Circuit Court for Pocahontas County, West Virginia and was removed to federal court by the Defendant's attorneys.

09/14/2018 32 MOTION by Melinda K. Gabe for Attorneys' Fee and Applicable Costs With Calculation (Attachments: # 1 Exhibit A - ECF #19, Plaintiff's Rule 26(a)(1) Disclosures, # 2 Exhibit B - ECF #21, Plaintiff's Resps to Def's 1st ROGGS & RPD, # 3 Exhibit C - Correspondence on Lack of Jurisdiction, # 4 Exhibit D - Joint Declaration of Attorneys, # 5 Exhibit E - Other Attorney Affidavits, # 6 Exhibit F - Itemized List of Time & Costs Incurred)(Giatras, Troy)
09/14/2018 33 MEMORANDUM OF LAW by Melinda K. Gabe in support of 32 MOTION by Melinda K. Gabe for Attorneys' Fee and Applicable Costs With Calculation (Giatras, Troy)
09/25/2018 34 NOTICE of Status Regarding 32 Motion for Attorneys' Fees and Applicable Costs, 33 Memorandum In Support by Melinda K. Gabe (Giatras, Troy)
09/25/2018 35 NOTICE OF INTENT to File Response and Objections to Plaintiff's Motion for Attorneys' Fees and Applicable Costs by Dolgencorp, LLC, Dollar General Corporation re: 34 Notice of Status (Shuler, Tonya)
09/26/2018 36 RESPONSE by Melinda K. Gabe re: 35 Notice of Intent (Giatras, Troy) (Modified on 9/27/2018 to remove links to #33 memorandum, #34 notice) (ts).
09/28/2018 37 RESPONSE by Dollar General Corporation in opposition to 32 MOTION by Melinda K. Gabe for Attorneys' Fee and Applicable Costs With Calculation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Biser, Rita)

REPLY by Melinda K. Gabe to 37 Response In Opposition (Attachments: # 1 Exhibit A - Affidavit of Thomas Flaherty, # 2 Exhibit B - Affidavit of Kristina Whiteaker, # 3 Exhibit B-1 Affidavit of Johnnie Brown 2013, # 4 Exhibit C - Affidavit of Johnnie Brown 2018)(Giatras, Troy) (Modified on 10/7/2018 to remove link to #32 motion) (ts).

Outcome: 09/04/2018 29 MEMORANDUM OPINION AND ORDER: Granting the Plaintiff's 7 MOTION to Remand and for Costs and Fees; remanding this matter to the Circuit Court of Greenbrier County, West Virginia, and striking it from the docket of this Court; advising that this Court will retain jurisdiction as to the amount of costs and fees ONLY; directing the Plaintiff to submit calculation of applicable costs and fees no later than 9/15/2018, should she continue to seek such a reward; terminating as moot all pending motions. Signed by Judge Irene C. Berger on 9/4/2018. (cc: attys; any unrepresented party; Clerk for the Circuit Court of Greenbrier County, West Virginia) (btm)
09/04/2018 30 TRANSMITTED CERTIFIED COPY of 29 Memorandum Opinion and Order to attorneys, any unrepresented party and the Clerk for the Circuit Court of Greenbrier County, West Virginia. (btm)
09/04/2018 31 LETTER to Louvonne Arbuckle, Clerk, Circuit Court of Greenbrier County, from Clerk, U.S. District Court, Southern District of West Virginia dated 9/4/2018, re: Remand of Civil Action and Copy of Case File. (btm)

Plaintiff's Experts:

Defendant's Experts:

Comments: Editor's Comment: The Federal District Courts are courts of limited jurisdiction when it comes to premises liability cases and do not have jurisdiction to adjudicate such cases unless there is complete diversity of citizenship and more than $75,000 in damages claimed by the Plaintiff. It appears that the Plaintiff did not want to litigate her claim in federal court and attempted to defeat jurisdiction by possibly denying that she was seeking damages in excess of $75,000.



Find a Lawyer

Subject:
City:
State:
 

Find a Case

Subject:
County:
State: