Converted WP file may19m

Supreme Court of Appeals of West Virginia
Miscellaneous Motions Conference

Wednesday, May 19, 1999

1.	Lucinda F. Fitch No. 991147 REFUSE 5-0	Motion to Dismiss Petition in Serevicz v. WCD/Wheeling- Pittsburgh Steel Corp., No. 991147 (filed 4/30/99 pro se). The motion asserts that employer's counsel was not served with a copy of the petition for appeal.
2.	Jerry Blair No. 991279 GRANT 5-0	Motion of Appellee Requesting Bond or Other Security from Appellants in Blake (appellee) v. Roman Systems Limited, et al. (appellants), No. 991279.
3.	Darrell McGraw, Attorney General Barbara Allen No. 991088 GRANT 5-0	Motion to Supplement Record in State v. Salmons, Jr., No. 991088. The motion seeks to supplement with Judge Kaufman's standard charge to jury in criminal cases.
4.	Tom D. Jarrell, Pro Se No. 991295 REFUSE 3-2 [Workman, J., Davis, J.]	Petition for Writ of Mandamus in SER Jarrell v. Schleagel, et al., No. 991295. The petition asserts: (1) Jarrell filed suit on 11/14/97; (2) circuit court held a hearing on 7/20/98; and (3) no order has been filed, although Jarrell has made several inquiries.
5.	Louis M. Tarasi, Jr. No. 990277 REFUSE 3-2 [Starcher, C.J., McGraw, J.]	Motion for Leave to File a Petition for Appeal Out of Time in Ross, Ad. v. OVMC, Inc. et al., No 990277 (original petition refused (3-2 S- MCG) 4/15/99). The motion asserts that petitioner received the trial transcript on the day the petition was filed.
6.	Louis M. Tarasi, Jr. No. 990277 REFUSE 3-2 [Starcher, C.J., McGraw, J.]	Petition for Reconsideration in Ross, Ad. v. OVMC, Inc. et al., No 990277 (original petition refused (3-2 S- MCG) 4/15/99). The motion asserts that the circuit court charge was contrary to the doctrine of res ipsa loquitur.
7.	Jeff C. Woods No. 990883 REFUSE 5-0	Motion for Oral Argument on Behalf of Employer-Petitioner in BF Goodrich Co. v. WCD/Anderson, No. 990883.
8.	Harry M. Rubenstein No. 991297 REFUSE 5-0	Petition for Writ of Prohibition in SER Mountain View Construction Co., Inc. v. Bedell et al., No. 991297. The petition asserts the circuit court erred in failing to grant a continuance of the June 7, 1999 trial after granting the plaintiff's motion to amend the complaint and add a defendant on May 13, 1999.
9.	Richard Rowe No. 26012 Defer for Response 4-1 [McGraw, J. would grant.]	Motion to Supplement the Record on Appeal or Alternately to Remand in Doe v. Wal-Mart Stores, Inc., No. 26012. The motion seeks to supplement with "recently discovered evidence" concerning the plaintiff's motions for sanctions for discovery abuses.
10.	Ernest M. Douglass No. 991261 Grant for Hearing 3-2 [Davis, J., Maynard, J.]	Petition for Post Conviction Bail in State v. Atkins, No. 991261. Single mother of two children (ages 3 and 4) requests bond pending appeal in order to care for children and work. Response requests denial because of "prior non- appearance and possible flight risk."
11.	Donna Crispen, Pro Se Nos. 25958 and 991301 GRANTED 4-1 [Maynard, J.] Transcripts to be provided within 10 days or pay withheld.	Motion for Extension of Time in Crispen v. WV. Secondary School Activities Commission, et al. No. 25958 and Petition for Writ of Mandamus in Crispen v. Boles, No. 991301. The petition asserts that as of 5/14/99, although properly requested, the circuit court's file contains no transcripts for 2/3/98, 8/26/98 and 9/22/98 hearings.
12.	Luke A. Lafferre No. 991305 REFUSE 5-0	Petition for Writ of Prohibition in SER Norfolk and Western Railway Co. et al. v. Recht, et al., No 991305. The petition asserts that the circuit court erred in failing to dismiss the underlying case because there is no venue in Brooke County. The petition maintains that a sublease agreement, which included 4.8 miles of track in Brooke County, was insufficient to meet the "minimum contacts" for "doing business" in Brooke County.