POLLOCK et al v. ENERGY CORPORATION OF AMERICA
| DAVID F. POLLOCK, JOHN T. DIBIASE, JR, JOHN S. FRAYTE, PATRICIA L. CHRISTOPHER, LOUIS A. VECCHIO, BESSIE P. VECCHIO, BARBARA A. MORRIS, GENE M. VIRGILI, ERIN R. VIRGILI and LLOYD R. SHAFFER, III |
| ENERGY CORPORATION OF AMERICA |
| 2:2010cv01553 |
| November 22, 2010 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Greene |
| Robert C. Mitchell |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
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Filing
272
MEMORANDUM OPINION & ORDER denying re 240 MOTION for Judgment as a Matter of Law or in the Alternative, New Trial MOTION for New Trial filed by ENERGY CORPORATION OF AMERICA. Signed by Magistrate Judge Robert C. Mitchell on 6/18/2015. (ajt)
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Filing
271
ORDER denying 261 Motion an Accounting at Law. Upon consideration of Plaintiffs motion for an accounting at law [ECF No. 261], Defendant Energy Corporation of Americas (ECA) brief in response [ECF No. 264], Plaintiffs reply [ECF No. 266] and ECAs sur-reply [ECF No. 270], the Court finds that the interests of the class would not be fulfilled by granting an accounting seeking the exact amount of interstate charges and marketing fees deducted from their royalties. See Fed. R. Civ. P. 23(d)(1)(B ) (in conducting a class action, a judge may issue orders to protect class members and fairly conduct the action including giving notice of the proposed extent of the judgment). An accounting seeking this information is costly, would unduly burden EC A and not efficiently lead to reliable information given that ECA estimated the aggregate damages stipulated to at trial, ECA does not maintain records on an individual well basis of the costs incurred between the well meter and point of sale, many o f the well-owners have since sold the property interest to non-class third parties, and as ECA predicts, it would take a team of three people two to three months to complete the accounting sought. Insofar as it is Plaintiffs duty to inform this Court and the class members of how the judgment, if any, will be distributed between the subclasses, exactitude is not the standard; rather, the amount distributed to the subclasses must be fair, reasonable and adequate. Fed. R. Civ. P. 23(e)(2). Signed by Magistrate Judge Robert C. Mitchell on 5/27/2015. (ajt)
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Filing
214
MEMORANDUM ORDER re 179 MOTION in Limine (Omnibus) filed by STUART W. WHIPKEY and 176 MOTION in Limine filed by ENERGY CORPORATION OF AMERICA. 1. Plaintiffs Omnibus Motion in Limine [ECF No. 179] is DENIED; 2. Defendants Motion to Preclude Expert Opinion and All Other Testimony, Evidence and Argument Regarding the Validity of the Price Paid for the Gas is GRANTED IN PART and DENIED IN PART. To the extent that Plaintiffs seek to question the validity of the price paid for the gas, Defendants motion is GRANTED. To the extent that Defendant seeks to preclude such evidence to establish where the gas was sold, Defendants motion is DENIED; 3. Defendants Motion to Preclude the Plaintiffs from Offering Testimony, Eviden ce or Argument Mixing Incompatible Liability Theories is DENIED; 4. Defendants Motion to Preclude Certain Irrelevant, Confusing and Prejudicial Testimony, Evidence or Argument is GRANTED IN PART and DENIED IN PART. To the extent that Defendant seeks to exclude evidence that ECA and EMCO had common employees or shared resources, Defendants motion is DENIED. To the extent that Defendant seeks to exclude evidence that EMCO did not have a bank account, and the distribution to ECAs equity holders, De fendants motion is GRANTED. The Court defers ruling on the preclusion of evidence of intercompany accounting between ECA and EMCO until the scheduled Daubert hearing; 5. Defendants Motion to Preclude the Plaintiffs from Calling ECA executives John Mork and Donald Supcoe to Testify at Trial is GRANTED. Signed by Magistrate Judge Robert C. Mitchell on 2/23/2015. (ajt)
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Filing
184
MEMORANDUM OPINION & ORDER re 170 Cross MOTION for Summary Judgment filed by PATRICIA L. CHRISTOPHER, JOHN S. FRAYTE, JOHN T. DIBIASE, JR, ERIN R. VIRGILI, LOUIS A. VECCHIO, STUART W. WHIPKEY, BESSIE P. VECCHIO, GENE M. VIRGILI, LLOYD R. SHAFFER, III, 167 MOTION for Summary Judgment filed by ENERGY CORPORATION OF AMERICA. ECAs Motion for Summary Judgment 167 is DENIED, and Plaintiffs Cross Motion for Summary Judgment 170 is DENIED. Signed by Magistrate Judge Robert C. Mitchell on 2/2/2015. (ajt)
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Filing
155
MEMORANDUM OPINION & ORDER GRANTING IN PART AND DENYING IN PART re 148 Third MOTION to Compel DISCOVERY filed by PATRICIA L. CHRISTOPHER, JOHN S. FRAYTE, JOHN T. DIBIASE, JR, ERIN R. VIRGILI, LOUIS A. VECCHIO, STUART W. WHIPKEY, BESSIE P . VECCHIO, GENE M. VIRGILI, LLOYD R. SHAFFER, III. It is hereby ORDERED that said motion is GRANTED IN PART and DENIED IN PART as follows:Plaintiffs motion to compel supplemental responses to interrogatories one through nine is DENIED; Plaintiffs m otion to compel supplemental responses to plaintiffs request for production of documents one through four is GRANTED. Said documents shall be provided to plaintiff by February 25, 2014; Plaintiffs motion to compel supplemental responses to plaintiffs request for production of documents five through seven is dismissed as moot. If defendant has not done so as of the date of this order, it shall provide plaintiffs, on or before February 25, 2014, with copies of the requested gas control statements for the damage period. Signed by Magistrate Judge Robert C. Mitchell on 2/11/2014. (ajt)
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Filing
145
ORDER granting in part and denying in part 106 Motion to Certify Class and adopting Report and Recommendations 138 . Signed by Chief Judge Joy Flowers Conti on 09/30/2013. (ten)
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Filing
103
ORDER granting in part and denying in part 66 ECA's Motion for Summary Judgment; granting in part and denying in part 69 Plaintiffs' Motion for Summary Judgment; adopting Report and Recommendations re 92 Report and Recommendations. Signed by Judge Joy Flowers Conti on 1/24/2013. (smc )
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Filing
38
MEMORANDUM AND OPINION re 29 MOTION for a Court Ordered Accounting filed by PATRICIA L. CHRISTOPHER, JOHN S. FRAYTE, JOHN T. DIBIASE, JR, ERIN R. VIRGILI, LOUIS A. VECCHIO, BARBARA A. MORRIS, STUART W. WHIPKEY, LLOYD R. SHAFFER, III, BESSIE P. VECCHIO, GENE M. VIRGILI, DAVID F. POLLOCK. Signed by Magistrate Judge Robert C. Mitchell on 11/29/2011. (cms)
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Filing
27
ORDER granting in part and denying in part 14 Motion to Dismiss; adopting Report and Recommendations re 22 Report and Recommendations. Signed by Judge Joy Flowers Conti on 8/18/2011. (smc )
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