WV Supreme Court, Misc. Motions, October 11, 2007

1.	Marc E. Williams J. David Bolen (Counsel for Petitioners) Marvin W. Masters H. Truman Chafin Anthony J. Majestro (Counsel for Respondents ) R. Scott Long (Counsel for WV Oil & Lube) Mingo - Hoke Refuse 4-1 (Benjamin).	Petitioner in State ex rel. Ashland Inc.⁽¹⁾ v. The Honorable Jay M. Hoke, No. 072670, seeks a writ of prohibition to challenge a circuit court order certifying a class action of persons who purchased certain services from defendant West Virginia Oil & Lube LLC⁽²⁾ and were charged an "Environmental Service Fee" [ESF]. 1. Petitioners also include Ashland Inc. d/b/a The Valvoline Company and d/b/a Valvoline Instant Oil Change, Valvoline Instant Oil Change Franchising, Inc., and Valvoline International, Inc. 2. Defendant below West Virginia Oil & Lube is a franchisee of Valvoline Instant Oil Change Franchising, Inc. and operates two franchises in the Charleston area.
2.	Noel M. Olivero (Counsel for Petitioners) Richard Vital (Counsel for Respondents) Robert E. Wilkinson (GAL) Cabell - Cummings Refuse 5-0	Petitioner in In Re: A.F.B., No. 07-132, seek a motion to stay an order denying the grandparents' petition for guardianship pending appeal.
3.	Dana P. McDermott (Counsel for Petitioner) Timothy D. Boggess (Pros. Atty.) Mercer - Swope Refuse 3-2 (Starcher, Albright)	Petitioner in State of West Virginia ex rel. Stephen M. Gaultney v. Honorable Derek C. Swope, Judge, No. 072709, seeks a writ of mandamus to compel the circuit court to vacate its order which denied his motion to have DNA analysis performed.
4.	Mark H. Dellinger Joy B. Mega (Counsel for Petitioners) Michael J. Florio (Counsel for Respondent) Harrison - Bedell Grant 5-0	Petitioner in Rebecca O'Dell v. Family Dollar Stores, Inc., Nos. 072304 and 072701, moves to consolidate two petitions for appeal arising from the same lawsuit. <
5.	William O. Merriman, Jr. (Counsel for Petitioner) Ginny Conley (Pros. Atty.) Wood - Beane Refuse as Moot	Petitioner in Dale E. Brum v. The Honorable J.D. Beane, No. 072739, seeks a writ of prohibition to prevent further criminal prosecution against him for the crime of Threatening a Public Officer and Threatening a Person Participating in an Official Proceeding.
6.	James F. Companion R. Noel Foreman Kyle H. Dreyer Wendy D. May Michael H. Carpenter (Counsel for Petitioners) Scott S. Blass James C. Wright (Counsel for Respondents) Marshall - Madden Refuse 4-1 (Maynard)	Petitioner in State of West Virginia ex rel. General Motors Corporation v. The Honorable John T. Madden, Judge, No. 072644, seeks a writ of prohibition to prevent the disclosure of privileged documents under the "fairness doctrine".
7.	Steven M. Recht (Counsel for Petitioner Cunningham) Frank Cuomo (Counsel for Respondent Burns) Melvin O'Brien Melissa M. Barr (Counsel for Defendant Braslawsce) Brooke - Recht Refuse 5-0	Petitioner in State of West Virginia ex rel. Charles Cunningham v. The Honorable Arthur M. Recht, Judge, No. 072752, seeks a writ of prohibition to prohibit further civil proceedings against him on the ground that the court lacks jurisdiction over this defendant.
8.	Amy Pigg Shafer W. Stephen Flesher (Counsel for Petitioner) James G. Bordas, Jr. (Counsel for Respondent) Marshall - Karl Grant 3-2 (Starcher, Albright)	Petitioner in The State of West Virginia ex rel. Nationwide Mutual Insurance Company v. The Honorable Mark A. Karl, Judge, No. 072757, seeks a writ of prohibition to prohibit the circuit court from identifying defense counsel's office in this civil proceeding as "Nationwide Trial Division" to a jury panel during voir dire.
9.	Teresa C. Monk (Counsel for Petitioner) Kanawha - Berger Refuse 5-0	Petitioner in State of West Virginia v. Owen Hawk, III, No. 33435, seeks post-conviction bail.
10.	Nicholas S. Preservati Joseph L. Jenkins (Counsel for Petitioner) Kanawha - Zakaib Moot	Petitioner in Keith Paul v. The Honorable Paul Zakaib, Jr., Judge, No. 072809, seeks a writ of mandamus to compel the circuit court to allow him and his counsel appointed in a federal prosecution to be granted access to and to use court records, trial testimony, etc. in his state abuse and neglect proceeding.
11.	Pro se (Petitioner) Richard A. Bush (Counsel for Respondent) Wood - Beane Refuse 5-0	Pro se petitioner in In Re: The Marriage of Kathy M. Sloan and Edward W. Sloan, No. 07-136, seeks an application of a stay of an order regarding payment of attorney's fees in this divorce proceeding.
12.	Michelle Roman Fox (Counsel for Petitioner Nationwide Mutual Ins. Co.) Asad U. Khan (Counsel for Defendant Below) John H. Tinney James K. Tinney John K. Cecil Michael O. Callaghan (Counsel for Plaintiff Below) Kanawha - Kaufman Grant 4-1 (Starcher)	Petitioner in State ex rel. Nationwide Mutual Insurance Company v. The Honorable Tod Kaufman, No. 072735, seeks a writ of prohibition to challenge an order which denied Nationwide's motion to bifurcate claims against it and to stay discovery.