BLANKENSHIP v. MANCHIN

No. CIV.A.2:05-0606.

410 F.Supp.2d 483 (2006)

Don BLANKENSHIP Plaintiff v. Joe MANCHIN, III, in his individual capacity and in his official capacity as Governor of the State of West Virginia, Defendant.

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

January 18, 2006.


Attorney(s) appearing for the Case

Julie A. Pence, W. Henry Jernigan, Jr., Dinsmore & Shohl, Charleston, WV, Patrick J. Slevin, Robert D. Luskin, Patton Boggs, Washington, DC, for Plaintiff.

Adam K. Levin, Mitchell E. Zamoff, Hogan & Hartson, Washington, DC, Barbara H. Allen, Office of the Attorney General, Billie Jo Streyle, Charles R. Bailey, Bailey & Wyant, Charleston, WV, for Defendant.


MEMORANDUM OPINION AND ORDER

COPENHAVER, District Judge.

Pending are defendant's motions (1) to dismiss, and (2) to stay discovery pending a ruling on the motion to dismiss. The motions were filed respectively on September 13 and October 31, 2005. The court ORDERS that plaintiff's motion for leave to file a surreply, filed November 4, 2005, be, and it hereby is, granted.

I.

The defendant contends that this "action is a politically...

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