MARKS v. WEST VIRGINIA DEPT. OF HEALTH & HUMAN

No. CIV.A. 2:01-0961.

181 F.Supp.2d 639 (2002)

Grover MARKS, et al, Plaintiffs, v. WEST VIRGINIA DEPARTMENT OF HEALTH & HUMAN RESOURCES, et al, Defendants.

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

January 25, 2002.


Attorney(s) appearing for the Case

Mary Donne Peters, James W. Standard, Jr., Gorby, Reeves, Peters & Burns, Atlanta, GA, Timothy R. Miley, La Neve & Miley, Clarksburg, WV, for Plaintiffs.

Steven P. McGowan, Nora Clevenger Price, Steptoe & Johnson, Charleston, WV, for Defendants Jack Clohan, Florence Hatton, West Virginia Department of Health & Human Resources and William R. Sharpe Jr. Hospital.

David L. Shuman, Melissa A. Morris, Shuman, McCuskey & Slicer, PLLC, Charleston, WV, for Defendants Ahmed Aboraya, M.D., Safiullah Syed, M.D., West Virginia University Board of Trustees, Scott Pollard, M.D.

Charles R. Bailey, Bailey & Wyant, Charleston, WV, for Defendant Richard Seime.

William F. Foster, II, Kay, Casto & Chaney PLLC, Charleston, WV, for Defendants West Virginia University Hospitals, Inc. and Psychiatric Institute of West Virginia.

David L. Delk, Jr., Bachmann, Hess, Bachmann & Garden, Wheeling, WV, for Defendant Ramsay Health Care, Inc.

Thomas V. Flaherty, Mark A. Glover, Flaherty, Sensabaugh & Bonasso, Charleston, WV, for Defendants Shelley Watters, R.N., and Mainstay of Central West Virginia Managed Care Services.

J. Victor Flanagan, Molly K. Underwood, Pullin, Knopf, Fowler & Flanagan, Charleston, WV, for Defendant Abe Adel, M.D.

Kathlene Harmon-McQueen, Glen A. Murphy, McQueen Harmon & Potter, Charleston, WV, for Defendant Great West Life and Annuity Insurance Company.

Eric W. Iskra, Jill Cranston Bentz, Spilman, Thomas & Battle, Charleston, WV, for Defendant Coventry Health & Life Insurance Company.


MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Now pending is Plaintiffs' Motion for Ruling on the Substantive Basis of Plaintiffs' Motion to Remand, which the court will treat as a motion to dismiss for lack of subject matter jurisdiction. For the reasons that follow, the motion is DENIED.

I. Background

This action arises from the double murder-suicide of Robert Cleavenger and his wife and daughter. The suit was brought...

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