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No. 14-2027
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:13-cv-12818)
Submitted:
Before KEENAN
Circuit Judge.
and
WYNN,
Decided:
Circuit
Judges,
and
June 9, 2015
DAVIS,
Senior
PER CURIAM:
Carpenter Reclamation, Inc. (Carpenter), appeals from the
district
courts
(Westfield)s
judgment
order
motion
action.
granting
for
Westfield
summary
Carpenter
Insurance
judgment
challenges
in
the
its
Company
declaratory
district
courts
Carpenter
fails
to
establish
reversible
We conclude
error
in
the
party.
shows
Woollard
v.
Gallagher,
712
F.3d
865,
873
that
there
is
no
genuine
dispute
as
to
any
presents
sufficient
disagreement
to
require
Inc.,
summary
judgment
competent
genuine
477
evidence
issue
of
U.S.
242,
motion,
the
sufficient
material
251-52
(1986).
non-moving
to
fact
3
reveal
for
Anderson v. Liberty
To
party
the
trial.
withstand
must
produce
existence
See
of
Thompson
a
v.
Potomac
Elec.
Power
Co.,
312
F.3d
645,
649
(4th
Cir.
2002)
mere
scintilla
of
evidence
in
support
of
[the
non-moving
We will
that
granting
the
summary
district
judgment
court
to
did
not
Westfield.
reversibly
Westfield
err
sought
in
a
asserted
in
state
court
by
Defendant
the
Board
of
Carpenters
challenge
to
We reject as without
the
district
courts
district
otherwise
court
reversibly
did
err
violate
in
West
concluding
Virginia
that
the
law
or
Boards
Cas. Co., 745 S.E.2d 508, 511, 520 (W. Va. 2013); W. Va. Fire &
Cas. Co. v. Stanley, 602 S.E.2d 483, 492 (W. Va. 2004).
We also
arguments
challenging
the
district
courts
this
case
and
decline
Carpenters
invitation
to
certify
also
challenges
the
magistrate
judges
order
District
courts
managing
are
afforded
substantial
discretion
in
United
River
States
Co.,
305
ex
rel.
Becker
F.3d
284,
290
v.
Westinghouse
(4th
Cir.
2002).
abuse
of
Carpenters
discretion,
substantial
are
reversible
rights.
substantial
reviewing
court
pondering
all
is
that
rights,
able
to
happened
and
say
See
only
if
Buckley
they
v.
affect
Mukasey,
are
with
without
fair
harmless,
if
assurance,
stripping
the
[a]
after
erroneous
action from the whole, that the judgment was not substantially
omitted).
We need not resolve the merits of Carptenters challenges
to the denial and denial in part of its motions to compel.
assuming
that
the
denials
were
erroneous,
we
conclude
Even
after
harmless.
Accordingly,
We dispense
with
contentions
are
we
oral
affirm
the
argument
adequately
district
because
presented
in
courts
judgment.
the
facts
and
the
materials
legal
before
this court and argument would not aid the decisional process.
AFFIRMED