Supreme Court of Appeals of West Virginia Miscellaneous Motions, Feb. 21, 2001

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference
Wednesday, February 21, 2001

1. Jason E. Huber
No. 28743
Grant 4-1
[Maynard, J.]
Motion to Supplement The Record

Grant 5-0
Motion to File Document Under Seal
Appellee in Laura Manns v. City of Charleston Police Department, No. 28743, seeks to supplement the record with an exhibit she asks be placed under seal.

2. Jeffrey A. Holmstrand
No. 010228
Refuse 5-0
Petitioner in St. Paul Fire and Marine Insurance Company v. The Honorable Arthur M. Recht, No. 010228, seeks a writ of prohibition to: (1) provide guidance regarding the scope of permissible discovery in third-party bad faith actions and hold that the discovery was irrelevant and overbroad; (2) vacate the default judgment regarding petitioner's general business practices in West Virginia; and (3) vacate an order holding that the jury will be instructed that petitioner “commits and performs conduct violating West Virginia Unfair Trade Practices Act with such frequency as to constitute a general business practice.”

3. Barry L. Bruce
No. 001691
Refuse 4-1
[Albright, J.]
Petitioner in First State Bank and Trust v. Robert B. Sayre, No. 001691, seeks to renew petition for appeal out-of-time.

4. Margaret Workman
No. 28888
Refuse 5-0
Petitioners in In re: Shanee Carol B., No. 28888, move to reconsider the remand of this matter to the lower court.

5. Nancy C. Ulrich
No. 010319
Deferred
Petitioners in State ex rel. Michael Nay v. John A. Scott, No. 010319, seek expedited consideration of their appeal. Petitioners are indigent persons represented by the Public Defender's Office in Harrison County and bring a writ of quo warranto to test the eligibility of respondent to hold office as the Prosecuting Attorney of Harrison County.

6. George Zivkovich
No. 26592
Grant 5-0
Appellant/claimant in Phyllis Bruce v. WCD/The Fenton Art Glass Company, No. 26592, moves for an order of this Court deciding the PTD issue raised by this appeal.

7. James M. Robinson
No. 24953
Grant 5-0
Appellant/claimant in Jim McDowell v. WCD/Logan Mining Supply, No. 24953, moves for an order of this Court deciding the PTD issue raised by this appeal.

8. Gretchen Pyles
No. 28678
Refuse 5-0
Appellee BF Goodrich in Betty J. Plummer v. WCD/BF Goodrich Company, No. 28678, moves the Court to strike Attachments A-D from Appellant's brief, asserting that these documents were properly excluded as untimely filed.

1.	Jason E. Huber No. 28743 Grant 4-1 [Maynard, J.] Motion to Supplement The Record Grant 5-0 Motion to File Document Under Seal	Appellee in Laura Manns v. City of Charleston Police Department, No. 28743, seeks to supplement the record with an exhibit she asks be placed under seal.
2.	Jeffrey A. Holmstrand No. 010228 Refuse 5-0	Petitioner in St. Paul Fire and Marine Insurance Company v. The Honorable Arthur M. Recht, No. 010228, seeks a writ of prohibition to: (1) provide guidance regarding the scope of permissible discovery in third-party bad faith actions and hold that the discovery was irrelevant and overbroad; (2) vacate the default judgment regarding petitioner's general business practices in West Virginia; and (3) vacate an order holding that the jury will be instructed that petitioner “commits and performs conduct violating West Virginia Unfair Trade Practices Act with such frequency as to constitute a general business practice.”
3.	Barry L. Bruce No. 001691 Refuse 4-1 [Albright, J.]	Petitioner in First State Bank and Trust v. Robert B. Sayre, No. 001691, seeks to renew petition for appeal out-of-time.
4.	Margaret Workman No. 28888 Refuse 5-0	Petitioners in In re: Shanee Carol B., No. 28888, move to reconsider the remand of this matter to the lower court.
5.	Nancy C. Ulrich No. 010319 Deferred	Petitioners in State ex rel. Michael Nay v. John A. Scott, No. 010319, seek expedited consideration of their appeal. Petitioners are indigent persons represented by the Public Defender's Office in Harrison County and bring a writ of quo warranto to test the eligibility of respondent to hold office as the Prosecuting Attorney of Harrison County.
6.	George Zivkovich No. 26592 Grant 5-0	Appellant/claimant in Phyllis Bruce v. WCD/The Fenton Art Glass Company, No. 26592, moves for an order of this Court deciding the PTD issue raised by this appeal.

7.	James M. Robinson No. 24953 Grant 5-0	Appellant/claimant in Jim McDowell v. WCD/Logan Mining Supply, No. 24953, moves for an order of this Court deciding the PTD issue raised by this appeal.
8.	Gretchen Pyles No. 28678 Refuse 5-0	Appellee BF Goodrich in Betty J. Plummer v. WCD/BF Goodrich Company, No. 28678, moves the Court to strike Attachments A-D from Appellant's brief, asserting that these documents were properly excluded as untimely filed.