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Halliburton Energy Services, Inc. Signed by District Judge Thomas S. Civil Action No. The matter is fully briefed and ripe for decision. For the reasons discussed herein, the motion is granted, in part, and denied, in part.
Butcher alleges he worked for Halliburton Energy Services, Inc. He was based out Dockets. Specifically, Butcher alleges he was performing general maintenance on a Qhigh pressure pump and injured his hand when he reached into a pot.
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The number of days Butcher spent working within the borders of the state of West Virginia is a significant issue here. From that start date through March 13,Butcher was either training i.
From March 23, through April 5,he was either on vacation or had scheduled time off. He had time off from work from April 18, through April 23, Plaintiffs allege Justin Butcher was assigned or physically present in West Virginia for 48 calendar days.
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Some of those days represent days where Plaintiff did not perform work or was on scheduled vacation. Plaintiff Butcher alleges a number of causes of action against Defendants. Parties Klepliere present that defense via motion. See Fed. The burden of proving subject matter jurisdiction on a motion to dismiss lies with the party asserting jurisdiction.
CSX Transp. Gilkison, No. Sara Lee Corp. Pardus, U. Allain, U. Allstate Ins. Twombly, U.]
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