WV Supreme Court Miscellaneous Motions, January 24, 2001

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference
Wednesday, January 24, 2001

1.	Pro se No. 00-114 Refuse 4-0 [McGraw, C.J., Disqualified]	Pro se petitioner in U.S. Steel Mining, Inc. v. Re: Pertee A1, No. 00-114, essentially seeks to file petition for appeal five years out-of-time.
2.	Margaret Workman No. 27905 Refuse 4-1 Motion to Supplement The Record [McGraw, C.J.]	Petitioner in The League of Women Voters of West Virginia v. Earl Ray Tomblin, No. 27905, seeks to supplement the record with documents which “will assist” the Court in better understanding the “098" account.
3.	Barbara Harmon Schamberger No. 27905 [See next motion.] Refuse As Moot 5-0	Petitioner in The League of Women Voters of West Virginia v. Earl Ray Tomblin, No. 27905, seeks to depose the State Auditor in connection with the 098 account the Auditor seeks to intervene herein for the limited purpose of opposing the request for a deposition.
4.	Margaret Workman No. 27905 Refuse 5-0	Petitioner in The League of Women Voters of West Virginia v. Earl Ray Tomblin, No. 27905, seeks leave to depose the State Auditor in connection with the challenge to the constitutionality of the “098" account as it is applied.
5.	Kelli M. Neal No. 28665 Refuse 3-2 [Maynard, J., Davis, J.]	Appellee/State of West Virginia in The State of West Virginia v. William Johnson, No. 28665, moves to dismiss appellant's petition for appeal as improvidently granted.
6.	A. L. Emch No. 01-016 Grant 3-2 [McGraw, C.J., Starcher, J.]	Petitioner in Christine Remsberg v. K-mart Corporation, No. 01-016, moves to stay the issuance of execution upon a final judgment pending appeal. The underlying case is a civil class action against K-mart for accrued but unused vacation pay benefits which were not paid to employees upon their separation from employment.
7.	Ancil Ramey No. 01-019 No. 01-018 Refuse 3-2 Motion For A Stay [Starcher, J., Davis, J.] Grant 3-2 Petition For Appeal [McGraw, C.J., Maynard, J.] Grant 3-2 Motion To Expedite The Appeal [McGraw, C.J., Maynard, J.]	Petitioners in Jeremy M. Hart v. National Collegiate Athletic Association, No. 01-019, move for a stay of a preliminary injunction giving respondent a “fifth year” of competition as an intercollegiate wrestler at Appalachian State University. Petitioners also move, however, to expedite the appeal of this matter.
8.	William R. Wooten No. 010111 Refuse 3-2 [Starcher, J., Davis, J.]	Petitioner in WV Secondary Schools Activity Commission (WVSSAC) v. Lewis Thomas, No. 010111, seeks a writ of prohibition to prohibit the enforcement of a preliminary injunction by the lower court allowing Thomas, a minor, to participate in interscholastic wrestling at Parkersburg High School.
9.	Stuart Calwell No.27831 Grant 5-0	Affiliated Construction Trades Foundation, The Consumer Attorneys of West Virginia and the West Virginia Asbestos Victims Association Motion for Leave to File Amici Brief in support of petition for rehearing in Rhodes v. Workers' Compensation Division.
10.	E. William Harvit No. 27831 Grant 5-0	E. William Harvit Motion for Leave to File Amici Brief in support of petition for rehearing in Rhodes v. Workers' Compensation Division.