Zehentbauer Family Land LP et al v. Chesapeake Exploration, L.L.C. et al
| Evelyn Frances Young, Zehentbauer Family Land LP and Hanover Farms LP |
| Chesapeake Operating, Inc., CHK Utica, L.L.C., Pelican Energy, L.L.C., Chesapeake Exploration, L.L.C., Total E&P USA, Inc. and Jamestown Resources, L.L.C. |
| 4:2015cv02449 |
| November 30, 2015 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Columbiana |
| George J Limbert |
| Benita Y Pearson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 157
Order: Pursuant to the agreement of counsel, a hearing/conference upon the parties' discovery dispute is scheduled before Magistrate Judge George J. Limbert in Room 229 in Youngstown, Ohio on 5/3/2019 at 10:30 a.m.; the appearance of counsel shall be required, unless prior excuse has been granted by the Court (Related documents #151 and #152 ). Signed by Magistrate Judge George J. Limbert on 4/24/2019. (S,AA)
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Filing 156
Stipulation and Order approving #155 Proposed Stipulation for Third Parties to Exercise Rights Under Protective Order. Judge Benita Y. Pearson on 4/22/2019. (JLG)
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| Filing 155 Proposed Stipulation for Third Parties to Exercise Rights Under Protective Order filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. Related document(s) #69 .(Connolly, William) |
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Filing 154
Order granting Motion for Appearance Pro Hac Vice by Attorney Andrew P. Reeve for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., and CHK Utica, L.L.C. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #153 ). Judge Benita Y. Pearson on 4/19/2019. (JLG)
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| Filing 153 Motion for attorney Andrew P. Reeve to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9263527, filed by Defendant Chesapeake Exploration, L.L.C.. (Attachments: #1 Affidavit of Andrew Reeve)(Cunning, Jessica) |
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Filing 152
Order referring case to Magistrate Judge George J. Limbert for resolution of the parties' discovery dispute. Judge Benita Y. Pearson on 4/15/2019. Related document(s) #151 . (JLG)
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| Filing 151 Notice of Discovery Dispute filed by All Plaintiffs. (Murray, Dennis) |
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Filing 150
Order For the reasons set forth herein, Plaintiffs' Motion for Protective Order Pursuant to Fed. R. Civ. P. 26(c)(1)(D) (ECF No. #149 ) is denied without prejudice to refiling. Judge Benita Y. Pearson on 4/10/2019. (JLG)
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| Filing 149 Motion for protective order Pursuant to Federal Civil Rule of Procedure 26(c)(1)(D) filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Murray, Dennis) |
| Filing 148 Notice to take Deposition of Defendant Total E&P USA, Inc.'s Representative(s) on April 24, 2019 at 9:00 a.m. filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Murray, Dennis) |
| Filing 147 Notice to take Deposition of Defendants Chesapeake Exploration, LLC, Chesapeake Operating, Inc., and CHK Utica, LLC's Representative(s) on April 17, 2019 at 9:00 a.m. filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Murray, Dennis) |
| Filing 146 Notice to take Deposition of Defendant Total E&P USA, Inc.'s Representative(s) on April 8, 2019 at 9:00 a.m. filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Murray, Dennis) |
| Filing 145 Notice of Service of Plaintiffs 2nd Set of Interrogatories and Request for Production of Documents directed to Defendants, Total E&P USA, Inc. and Plaintiffs 3rd Set of Interrogatories and Request for Production of Documents Directed to Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., and CHK Utica, L.L.C. filed by All Plaintiffs. (Murray, Dennis) |
| Filing 144 Notice of Deposition of Defendants Chesapeake Exploration, LLC, Chesapeake Operating, Inc., and CHK Utica, LLC's Representative(s) on March 20, 2019 at 9:00 a.m. filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Murray, Dennis) |
| Filing 143 Notice of Deposition of Defendant Total E&P USA, Inc.'s Representative(s) on April 1, 2019 at 9:00 a.m. filed by All Plaintiffs. (Attachments: #1 Exhibit 1)(Murray, Dennis) |
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Filing 142
Order After balancing the requisite factors, Defendants' Motion for Stay Pending Appeal (ECF No. #139 ) is denied. The cutoff for merits discovery is 4/12/2019. On or before 5/10/2019, Plaintiffs shall identify their retained expert witness(es) and provide opposing counsel with a written expert report(s). Defendants shall identify their retained expert(s), if any, and submit an opposing written report(s) to opposing counsel on or before 6/7/2019. A party may take a discovery deposition of its opponent's expert witness only after the exchange of reports has occurred. The discovery deposition of an opponent's expert witness shall be completed on or before 7/8/2019. When both parties seek judgment in their favor as a result of dispositive motion, both shall certify as indicated herein. Plaintiffs shall serve and file their motion for summary judgment and memorandum in support on or before 7/22/2019. Defendants shall serve and file their motion for summary judgment, memorandum in support, and memorandum in opposition to Plaintiffs' motion on or before 8/21/2019. Plaintiffs shall serve and file their memorandum in opposition to Defendants' motion and reply memorandum in support of their motion, if any, on or before 9/20/2019. Defendants shall serve and file a reply memorandum in support of their motion, if any, on or before 10/4/2019. Written stipulations as to all uncontested facts to be presented by the dispositive motions shall be filed with the Court on or before 7/22/2019. Oral argument on a dispositive motion shall not be heard unless written application is made and the Court determines that oral argument would be beneficial in resolving the issues. If this matter proceeds as a class action, no dispositive motions shall be resolved until after the time for class notice and opting out is concluded. Judge Benita Y. Pearson on 2/12/2019. (JLG)
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 1/18/2019. Present were Attorneys Dennis E. Murray, Jr., William H. Bartle, and Scott M. Zurakowski as counsel for Plaintiffs; Attorney Daniel T. Donovan as counsel for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C. (collectively "Chesapeake Defendants"); Attorneys Jeffrey C. King, David H. Ammons, Christopher A. Brown, and Travis L. Brannon as counsel for Defendant Total E&P USA, Inc.; and, Attorney Timothy B. McGranor as counsel for Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C. (Court Reporter: None); Time: 30 Minutes. (JLG) |
| IMPORTANT Notice [non-document]: The Telephonic Status Conference is reset for 1/18/2019 at 1:30 p.m. before Judge Benita Y. Pearson. Attorney Dennis E. Murray, Jr. is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Related document(s) #137 . (JLG) |
| Filing 141 Reply in support of #139 Motion to stay Pending Appeal filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., Jamestown Resources, L.L.C., Pelican Energy, L.L.C., Total E&P USA, Inc.. (Ranjan, J.) |
| Filing 140 Opposition to #139 Motion to stay Pending Appeal filed by All Plaintiffs. (Murray, Dennis) |
| Filing 139 Motion to stay Pending Appeal filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., Jamestown Resources, L.L.C., Pelican Energy, L.L.C., Total E&P USA, Inc. Related document(s) #138 . (Attachments: #1 Proposed Order, #2 Brief in Support)(Ranjan, J.) |
| USCA Appeal Fees received: $ 505. Receipt number 44660004786. Related document #138 - Notice of Appeal. (S,Ke) |
| Filing 138 Appeal Order from the Sixth Circuit Court of Appeals: Granting the petition for permission to appeal the District Court's certification of a class action re #123 (USCA# 18-0309). Circuit Judges: Griffin and Kethledge, District Judge: Hood. Date issued by USCA 11/19/18. (Filing fee $505 paid 11/27/18, receipt# 44660004786) (H,SP) |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #138 Notice of Appeal (USCA# 18-4139). Date filed in USCA 11/19/18. (H,SP) |
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Filing 137
Order The Court has considered the Parties' Joint Report Following the 8/8/2018 Status Conference (ECF No. #131 ), and the oral statements of counsel offered during the conference, and it is ordered that: The cutoff for merits discovery is 1/10/2019. On or before 2/8/2019, Plaintiffs shall identify their retained expert witness(es) and provide opposing counsel with a written expert report(s). Defendants shall identify their retained expert(s), if any, and submit an opposing written report(s) to opposing counsel on or before 3/8/2019. The discovery deposition of an opponent's expert witness shall be completed on or before 4/8/2019. The cutoff for filing dispositive motions is 4/22/2019, with responses filed by 5/22/2019 and replies by 6/5/2019. Written stipulations as to all uncontested facts to be presented by the dispositive motion shall be filed with the Court on or before 4/22/2019. If there are no stipulations, a joint notice stating same shall be filed by the same date. These are mandatory requirements. A Telephonic Status Conference is set for 1/16/2019 at 12:00 p.m. Noon. Attorney Dennis E. Murray, Jr. is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Parties' attendance is welcome, but not mandatory. Counsel should notify the Court in advance of a Status Conference if the matter has settled. Judge Benita Y. Pearson on 11/19/2018. (JLG)
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Filing 136
Order Defendant Total E&P USA, Inc.'s Motion for Limited Stay (ECF No. #132 ) is granted. The mailing of the Notice of Class Action (ECF No. #131 -1) is stayed. Merits discovery shall proceed in accordance with the contemporaneously filed Order. Plaintiffs' Motion for Approval of Class Notice and Directing Class Notice Procedures (ECF No. #125 ) is denied without prejudice to refiling, if necessary, after the Court of Appeals decides Defendants Total E&P USA, Chesapeake Exploration, Chesapeake Operating, and CHK Utica's appeal of the district court's certification of a class action. Judge Benita Y. Pearson on 11/19/2018. (JLG)
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| Filing 135 Opposition to #132 Motion for limited stay filed by All Plaintiffs. (Murray, Dennis) |
| Filing 134 Notice of joinder in #132 Motion for Limited Stay filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. Related document(s) #132 . (McGranor, Timothy) Modified docket text and termed motion event on 9/5/2018 (JLG). |
| Filing 133 Response to #125 Motion for Approval of Class Notice and Directing Class Notice Procedures filed by All Defendants. Related document #126 . (McGranor, Timothy) |
| Filing 132 Motion for limited stay filed by Defendant Total E&P USA, Inc.. (Attachments: #1 Brief in Support of Motion for Limited Stay, #2 Proposed Order)(Ranjan, J.) |
| Filing 131 Report of Parties' Planning Meeting Following August 21, 2018 Status Conference - filed by All Plaintiffs. (Attachments: #1 Exhibit A; Revised Class Notice)(Murray, Dennis) |
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Filing 130
Order granting #129 Joint Motion for Extension of Case Management Deadlines. The deadline for the Parties to file a Joint Notice that sets forth a proposed schedule for the case going forward is 8/24/2018. The deadline for the Parties to file a Motion for Stay implicating Fed.R.Civ.P. 23(f) is 8/24/2018. The deadline for the Parties to file a Motion for Approval of Class Notice and Directing Class Notice Procedures is 8/24/2018. Judge Benita Y. Pearson on 8/22/2018. (JLG)
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| Filing 129 Joint Motion for extension of (1) the Parties to file a Joint Notice that sets forth a proposed schedule for the case going forward, (2) of filing of a Motion for Stay implicating Fed. R. Civ. P. 23(f), and (3) of filing of responses to Plaintiffs Motion for Approval of Class Notice and Directing Class Notice Procedures until 08/24/2018 filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., Jamestown Resources, L.L.C., Pelican Energy, L.L.C., Total E&P USA, Inc.. (Attachments: #1 Proposed Order Granting Requested Extension of Deadlines)(Cunning, Jessica) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 8/8/2018. Present were Attorneys Dennis E. Murray, Jr., Terry A. Moore, William H. Bartle, Scott M. Zurakowski, and Gregory W. Watts as counsel for Plaintiffs; Attorneys Daniel T. Donovan, William M. Connolly, and Peter A. Lusenhop as counsel for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C. (collectively "Chesapeake Defendants"); Attorneys Jeffrey C. King, David H. Ammons, and Travis L. Brannon as counsel for Defendant Total E&P USA, Inc.; Attorney Peter A. Lusenhop as counsel for Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C; Attorney Fred Gibson as party representative for Chesapeake Defendants; and, Attorney Bryan Rohm as party representative for Defendant Total E&P USA, Inc. Responses to Plaintiffs' Motion for Approval of Class Notice and Directing Class Notice Procedures #125 shall be filed by 8/22/2018 and a Reply shall be filed by 7 days after service of the Responses. A Motion to Stay implicating Fed. R. Civ. P. 23(f) shall be filed by 8/22/2018. A Response to the Motion to Stay shall be filed by 14 days after service of the motion. A Reply in Support of the Motion to Stay shall be filed by 7 days after service of the Response. On or before 8/22/2018, the parties shall file a Joint Notice that sets forth a proposed schedule for the case going forward. The Joint Notice shall include agreed upon dates for (1) briefing on the issue of whether Defendants taking deductions is in violation of Plaintiffs' gross royalty oil and gas Leases, (2) completion of merits discovery, and (3) dispositive motion practice. (Court Reporter: None); Time: 37 Minutes. (JLG) |
| Filing 128 Notice of Filing Rule 23 (f) Petition for Permission to Appeal Class Certification Order filed by Total E&P USA, Inc.. (Attachments: #1 Exhibit A Petition for Permission to Appeal Class Certification Order)Related document(s) #123 .(Ranjan, J.) |
| IMPORTANT Notice [non-document]: The Telephonic Status Conference is reset for 8/8/2018 at 4:30 p.m. before Judge Benita Y. Pearson. Note that this is a time change only. Attorney Dennis E. Murray, Jr. shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. (JLG) |
| Filing 127 Notice of Filing of Declaration of Dennis E. Murray, Jr. in Support of Plaintiffs' Motion for Approval of Class Notice and Directing Class Notice Procedures filed by All Plaintiffs. (Attachments: #1 Affidavit of Dennis E. Murra, Jr. in Support of Plaintiffs' Motion for Approval of Class Notice and Directing Class Notice Procedures, #2 Exhibit Notice Of Class Action, #3 Exhibit Potential Class Members, #4 Exhibit Cases where Murray & Murray mailed Class Action Notice)Related document(s) #123 .(Murray, Dennis) |
| Filing 126 Memorandum in Support of Plaintiffs' #125 Motion for Approval of Class Notice and Directing Class Notice Procedures filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. Related document(s) #123 . (Attachments: #1 Exhibit Notice Of Class Action, #2 Exhibit Cases where Murray & Murray mailed Class Action Notice)(Murray, Dennis) Modified text and termed motion event on 8/8/2018 (JLG). |
| Filing 125 Motion for Approval of Class Notice and Directing Class Notice Procedures filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. Related document(s) #123 . (Murray, Dennis) |
| Filing 124 Notice of Filing Joinder to TOTAL's petition for permission to appeal order granting class certification under Rule 23(f) filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Attachments: #1 Exhibit A - Joinder to Rule 23(f) Petition)Related document(s) #123 .(McGranor, Timothy) |
| IMPORTANT Notice [non-document]: The Telephonic Status Conference is reset for 8/8/2018 at 4:00 p.m. before Judge Benita Y. Pearson. Note that this is a time change only. Attorney Dennis E. Murray, Jr. shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. (JLG) |
| Filing 123 Memorandum of Opinion and Order For the reasons set forth herein, the Court grants in part Plaintiffs' Motion for Class Certification (ECF No. #103 ). The Court certifies the following Class: All persons entitled to royalty payments from Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., CHK Utica, L.L.C., Total E&P USA, Inc., Pelican Energy, L.L.C., and/or Jamestown Resources, L.L.C. at any time during the years of 2011 to the present under uniform oil and gas leases, known generally as Gross Royalty Leases, (some originally entered by Buckeye Exploration Corporation) which state that the lessors royalty shall be the stated percentage of the gross proceeds received by the lessee without any deductions except for a pro-rata share of governmentally imposed taxes and fees, in return for granting rights to produce oil, natural gas, and the constituents thereof from real property located in Ohio. Excepted from the foregoing class are persons who have filed separate actions requesting the relief sought here and those who have resolved claims requesting the relief sought here. Further excepted from the class are any such lessors employed or owned by any of the Defendants. Judge Benita Y. Pearson on 7/20/2018. (JLG) |
| IMPORTANT Notice [non-document]: A Telephonic Status Conference is set for 8/8/2018 at 11:00 a.m. before Judge Benita Y. Pearson. Attorney Dennis E. Murray, Jr. shall set up the conference call by joining the other participants and calling the Court at (330) 884-7435. (JLG) |
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Filing 122
Order For good cause shown, Defendant Total E&P USA, Inc.'s ("TEPUSA") Motion for Leave to File Surreply in Opposition to Plaintiffs' Motion for Class Certification (ECF No. #120 ) is granted. The Court will consider TEPUSA's Surreply (ECF No. #120 -2) and Plaintiffs' Memorandum in Opposition (ECF No. #121 ) in ruling on Plaintiffs' Motion for Class Certification (ECF No. #103 ). Judge Benita Y. Pearson on 5/14/2018. (JLG)
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| Filing 121 Opposition to #120 Motion for leave to File Surreply in Opposition to Plaintiff's Motion for Class Certification filed by All Plaintiffs. (Murray, Dennis) |
| Filing 120 Motion for leave to File Surreply in Opposition to Plaintiff's Motion for Class Certification filed by Defendant Total E&P USA, Inc. Related document(s) #103 . (Attachments: #1 Proposed Order, #2 Exhibit A)(Ranjan, J.) |
| Filing 119 Notice of Supplemental Authority in Opposition to Plaintiffs' Motion for Class Certification filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Attachments: #1 Exhibit Lutz Decision by Judge Lioi)Related document(s) #114 .(Cunning, Jessica) Modified text on 11/3/2017 (S,L). |
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Filing 118
Order: The Court quashes the Rule 30(b)(6) subpoena to take Attorney William G. Williams' deposition; plaintiffs are ordered to produce either documents or a privilege log as to the Document Requests that defendants attached to the Rule 30(b)(6) subpoena of Attorney Williams, except for Document Request Numbers 2 and 3; plaintiffs need not respond to Document Request Numbers 2 and 3 (Related document #91 ). Signed by Magistrate Judge George J. Limbert on 10/27/17. (S,AA)
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| Filing 117 Reply in support of #103 Motion for class certification filed by All Plaintiffs. (Attachments: #1 Exhibit 1; Table of Contents and Table of Authorities to Plaintiffs' Memorandum In Support of their Motion for Class Certification)(Murray, Dennis) |
| Filing 116 Marginal Order granting #110 Motion for Leave to File Attachment to Broxson Declaration Under Seal filed by Defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. Judge Benita Y. Pearson on 10/18/2017. (JLG) |
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Order [non-document] granting #115 Motion for Joinder to Chesapeake Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by Defendants Jamestown Resources, L.L.C., Pelican Energy, L.L.C. Judge Benita Y. Pearson on 10/18/2017.(JLG)
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| Filing 115 Motion for joinder to Chesapeake Defendants' Opposition to Plaintiffs' Motion for Class Certification filed by Jamestown Resources, L.L.C., Pelican Energy, L.L.C.. Related document(s) #114 . (Cunning, Jessica) |
| Filing 114 Opposition to #103 Motion for class certification filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Attachments: #1 Exhibit (1) - Declaration of Chris Sorrells, #2 Exhibit (2) - Deposition Excerpts Zehentbauer Family Land LP and Hanover Farms LP, #3 Exhibit (3) - Deposition Excerpts Evelyn Young, #4 Exhibit (4) - August 17, 2017 Letter from Mr. Connolly to Mr. Zurakowski)(Cunning, Jessica) |
| Filing 113 Opposition to #103 Motion for class certification filed by Total E&P USA, Inc.. (Brown, Christopher) |
| Filing 112 Notice of Filing Affidavits of Jean DeRidder and William F. Meyers, Jr. filed by Total E&P USA, Inc. (Attachments: #1 Affidavit of Jean DeRidder, #2 Affidavit of William F. Meyers, Jr.)(Brown, Christopher) Modified text on 10/18/2017 (S,L). |
| Filing 111 SEALED Document:Attachment 1 to Broxson Declaration filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. Related document(s) #109 , #110 , #116 . (Cunning, Jessica) Counsel notified regarding proper caption on future filings. Modified text 10/18/2017 (C,KA). Modified link from #69 to #116 on 10/18/2017 (JLG). |
| Filing 110 Motion for leave to File Attachment to Broxson Declaration Under Seal filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. Related document(s) #69 . (Cunning, Jessica) |
| Filing 109 Notice of Filing Declaration of Bob Broxson filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Attachments: #1 Declaration of Bob Broxson, #2 Attachment 1 to Broxson Declaration - to be filed under seal)(Cunning, Jessica) Modified text on 10/18/2017 (S,L). |
| Filing 108 Sur-Reply Memorandum in Opposition to Defendants' Reply Memorandum Regarding Discovery Dispute filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. Related document(s) #107 , #91 , #102 . (Zurakowski, Scott) |
| Filing 107 Reply Memorandum Regarding Discovery Dispute filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. Related document(s) #105 , #91 , #102 . (McGranor, Timothy) |
| Filing 106 Notice of Partial Withdrawal of Appearance of Attorney William G. Williams filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Zurakowski, Scott) Modified text on 10/10/2017 (S,L). |
| Filing 105 Memorandum in Opposition of Defendants' #102 Memorandum regarding discovery dispute filed by All Plaintiffs. (Attachments: #1 Exhibit 1-June 16, 2017 letter to Donovan, #2 Exhibit 2-June 29, 2017 Subpoena to Krugliak, Wilkins, Griffiths & Dougherty Co., LPA , #3 Exhibit 3-July 3, 2017 letter to Donovan and Ammons, #4 Exhibit 4-July 11, 2017 letter to Murray) (Murray, Dennis) Modified text on 9/29/2017 (S,L). |
| Filing 104 Motion for leave to File Memorandum in Excess of 15 Pages in Response to Defendants' #102 Memorandum re: Discovery Dispute filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Murray, Dennis) Modified to add link on 9/29/2017 (S,L). |
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Order [non-document]: granting plaintiffs' motion for leave to file their memorandum in response to defendants' memorandum regarding discovery dispute, in excess of the 15-page limit (Related Doc #104 ). Approved by Magistrate Judge George J. Limbert on 9/29/17.(S,AA)
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| Filing 103 Motion for class certification filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Attachments: #1 Brief in Support, #2 Exhibit 1; Chesapeake Defendants' Responses to Interrogatories and Request for Documents, #3 Exhibit 2;Total's Responses to Interrogatories and Request for Documents, #4 Exhibit 3; Declaration of BreeAnn Flynn, #5 Exhibit 4; Declaration of Dennis E. Murray, Jr., #6 Exhibit 5; Declaration of Scott Zurakowski)(Murray, Dennis) |
| Filing 102 Memorandum Regarding Discovery Dispute filed by All Defendants. Related document(s) #91 . (Attachments: #1 Exhibit 1 - Correspondence, #2 Exhibit 2 - Advertisements, #3 Exhibit 3A - Deposition Transcript, #4 Exhibit 3B - Deposition Excerpts, #5 Exhibit 4 - Correspondence) (McGranor, Timothy) Modified to denote s/ of Peter Lusenhop on 9/18/2017 (S,Ke). |
| Filing 101 Notice of Filing Affidavit of Diana L. Tschantz filed by All Plaintiffs. (Attachments: #1 Affidavit, #2 Affidavit Exhibit 1, #3 Affidavit Exhibit 2)(Murray, Dennis) |
| Filing 100 Notice of Filing Deposition Transcripts of Richard Zehentbauer and Evelyn Young filed by All Plaintiffs. (Attachments: #1 Richard Zehentbauer Deposition, #2 Evelyn Young Deposition)(Murray, Dennis) |
| Filing 99 Notice of Filing Chesapeake Defendants and Total E&P USA, Inc.'s Objections and Answers to Plaintiffs' Interrogatories and Request for Production of Documents filed by All Plaintiffs. (Attachments: #1 Total E&P USA, Inc.'s Objections and Answers to Plaintiffs' Interrogatories and Request for Production of Documents, #2 Responses and Objections of Chesapeake Defendants to Plaintiffs' First Set of Interrogatories and Request for Production of Documents)(Murray, Dennis) |
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Filing 98
Order: Pursuant to the request of counsel, a briefing schedule on the issue of the deposition of William G. Williams was set; defendants shall submit their brief by 9/15/17; plaintiffs shall submit their brief by 9/29/17; defendants' reply brief shall be due by 10/6/17; plaintiffs' sur-reply brief shall be due by 10/13/17 (Related document #91 ). Signed by Magistrate Judge George J. Limbert on 8/30/17. (S,AA)
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| Filing 97 Objection and Responses (Corrected) to Defendants' Subpoena Duces Tecum filed by All Plaintiffs. (Murray, Dennis) |
| Minutes of proceedings[non-document] before Magistrate Judge George J. Limbert; conference regarding the parties' discovery dispute held on 8/30/17 (Related document #91 ); Dennis E. Murray, Scott M. Zurakowski, and William G. Williams were present as counsel for plaintiffs; Daniel T. Donovan and Timothy B. McGranor were present as counsel for defendants; (Court Reporter: None); Time: 30 minutes. (S,AA) |
| Filing 96 Objection and Responses to Defendants' Subpoena Duces Tecum to Krugliak, Wilkins, Griffiths & Dougherty Co., LPA filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Murray, Dennis) |
| Filing 95 Notice of Hearing: The hearing upon defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., and Chesapeake Operating, Inc.'s discovery dispute is rescheduled and shall be held before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 8/30/17 at 2:00 p.m; the appearance of counsel shall be required (Related document #91 ). (S,AA) |
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Filing 94
Order: A hearing upon defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., and Chesapeake Operating, Inc.'s discovery dispute is scheduled before Magistrate Judge George J. Limbert in Courtroom 242 in Youngstown, Ohio on 8/24/17 at 1:30 p.m. (Related document #91 ); the appearance of counsel shall be required. Signed by Magistrate Judge George J. Limbert on 8/14/17. (S,AA)
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Filing 93
Order referring case to Magistrate Judge George J. Limbert resolution of the parties' discovery dispute. ECF No. #91 . Judge Benita Y. Pearson on 8/11/2017. (JLG)
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| Filing 92 Proposed Stipulation filed by All Plaintiffs. (Attachments: #1 Exhibit A - Zehentbauer Oil & Gas Lease, #2 Exhibit B - Hanover Oil & Gas Lease, #3 Exhibit C - Young Oil & Gas Lease, #4 Exhibit D - List of Wells)(Murray, Dennis) |
| Filing 91 Notice of Discovery Dispute filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. (Attachments: #1 Exhibit 07/03/2017 - Ltr from Murray to Donovan, #2 Exhibit 07/11/2017 Ltr from Donovan to Murray, #3 Exhibit 07/13/2017 Ltr from Murray to Donovan, #4 Exhibit Subpoena to the Krugliak Firm)(Cunning, Jessica) |
| Filing 90 Joint Status Report re Mediation filed by All Defendants. Related document(s) #87 .(Cunning, Jessica) |
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Filing 89
Order granting Motion for Appearance Pro Hac Vice by Attorney Travis L. Brannon for Defendant Total E&P USA, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #88 ). Judge Benita Y. Pearson on 5/12/2017. (JLG)
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| Filing 88 Motion for attorney Travis L. Brannon to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8153699, filed by Defendant Total E&P USA, Inc. (Attachments: #1 Exhibit A Affidavit)(Ranjan, J.) Modified duplicate text on 5/11/2017 (G,CA). |
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Filing 87
Order This case is referred to a private Alternative Dispute Resolution (ADR) process. See LR 16.4(f). A private mediation before a mediator to be agreed upon by the parties shall be completed within 60 days. Within 7 days of completion of the mediation, the parties shall file a Joint Status Report advising the Court of the outcome of the mediation conference. Signed by Judge Benita Y. Pearson. (JLG)
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| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 4/24/2017. Present were Attorneys Dennis E. Murray, Jr., William H. Bartle, William G. Williams, Scott M. Zurakowski, and Gregory W. Watts as counsel for Plaintiffs; Attorneys William M. Connolly, Timothy B. McGranor, and Daniel T. Donovan as counsel for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C.; Attorneys Jeffrey C. King, Christopher A. Brown, David Ammons, and J. Nicholas Ranjan as counsel for Defendant Total E&P USA, Inc.; and, Attorney Timothy B. McGranor as counsel for Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C. This case is referred to private mediation pursuant to LR 16.4(f). Within seven (7) days of completion of the mediation, the parties shall file a Joint Status Report advising the Court of the outcome of the mediation conference. It is agreed to by the parties and their lead counsel of record, and it is ordered that all of the dates listed in the Order Amending the Case Management Order #84 , including expert discovery relevant to the appropriateness of certification of the proposed class, shall be enlarged by 60 days. (Court Reporter: None); Time: 10 Minutes. (JLG) |
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Order [non-document] granting #86 Joint Motion for Conference/Hearing. A Telephonic Status Conference is set for 4/24/2017 at 3:00 p.m. before Judge Benita Y. Pearson. Counsel for Defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc. is to set up the conference call by joining the other participants and calling the Court at (330) 884-7435. Judge Benita Y. Pearson on 4/20/2017. (JLG)
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| Filing 86 Joint Motion for conference/hearing filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. (Donovan, Daniel) |
| Filing 85 Motion to substitute attorney J. Nicholas Ranjan in place of attorney Jeffery D. Ubersax filed by Defendant Total E&P USA, Inc.. (Attachments: #1 Proposed Order)(Ranjan, J.) |
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Order [non-document] granting #85 Motion to Substitute Attorney J. Nicholas Ranjan in place of Attorney Jeffery D. Ubersax as counsel for Defendant Total E&P USA, Inc. Judge Benita Y. Pearson on 4/14/2017. (JLG)
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Filing 84
Order granting #83 Joint Motion to Amend Case Management Order as follows: (1) the deadline for Plaintiffs' depositions is 5/10/2017; (2) the deadline for Defendants' 30(b)(6) depositions is 5/10/2017; (3) Plaintiffs' expert reports are due 5/26/2017; (4) Defendants' expert reports are due 6/26/2017; (5) the deadline for expert depositions is 7/7/2017; (6) on or before 7/14/2017, the parties shall file a Joint Notice regarding the necessity of a Daubert hearing and/or oral hearing date on class certification; (7) Plaintiffs' motion for class certification shall be filed by 7/18/2017; and (8) Defendants' opposition to Plaintiffs' motion for class certification shall be filed by 8/18/2017. Judge Benita Y. Pearson on 4/5/2017. Related document(s) #58 and See Minutes of Proceedings [non-document] 2/15/2017. (JLG)
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| Filing 83 Joint Motion Amend Case Management Order filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., Jamestown Resources, L.L.C., Pelican Energy, L.L.C., Total E&P USA, Inc.. (Attachments: #1 Exhibit Exhibit A Proposed Order Amending Case Management Order, #2 Exhibit Exhibit B Proposed Order Amending Case Management Order)(McGranor, Timothy) |
| Filing 82 Notice to take Deposition of Deven Bowles, Reid Martin, Richard Easterly, Jason Elder, Chris Sorrells, Travis Cagney, Jean DeRidder, Jill Sisler, Nikita Taldykin, Fabian Colmet Daage, Lionel Albert, William F. Meyers, Jr. on April 20, 21, 27 and 28, 2017 filed by All Plaintiffs. (Murray, Dennis) |
| Filing 81 Notice to take Deposition of Chesapeake Exploration, LLC, Chesapeake Operating, Inc. and CHK Utica, LLC's Representative(s) on April 19, 2017 filed by All Plaintiffs. (Attachments: #1 Exhibit 1 Well List)(Murray, Dennis) Modified to add exhibit description on 4/10/2017 (S,L). |
| Filing 80 Notice to take Deposition of Total E&P USA, Inc.'s Representative(s) on April 26, 2017 filed by All Plaintiffs. (Attachments: #1 Exhibit 1 Well List)(Murray, Dennis) Modified to add exhibit description on 4/10/2017 (S,L). |
| Filing 79 Certification as to Service of Plaintiffs Second Set of Interrogatories and Request for Production of Documents directed to Defendants, Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., and CHK Utica, L.L.C. filed by All Plaintiffs. (Murray, Dennis) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 2/15/2017. Present were Attorneys Dennis E. Murray, Jr., William H. Bartle, and Gregory W. Watts as counsel for Plaintiffs; Attorneys William M. Connolly, Timothy B. McGranor, and Daniel T. Donovan as counsel for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C.; Attorneys Jeffery D. Ubersax, Jeffrey C. King, Chistopher A. Brown, and David Ammons as counsel for Defendant Total E&P USA, Inc.; and, Attorney Timothy B. McGranor as counsel for Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C. It is agreed to by the parties and their lead counsel of record, and it is ordered that all of the items listed in the Case Management Plan #58 , including expert discovery relevant to the appropriateness of certification of the proposed class, shall be completed by 8/18/2017. (Court Reporter: None); Time: 25 Minutes. (JLG) Modified text on 4/5/2017 (JLG). |
| Filing 78 Motion to substitute attorney Lusenhop, McGranor, Cunning in place of attorney Pierce and Galante filed by Jamestown Resources, L.L.C., Pelican Energy, L.L.C.. (Attachments: #1 Proposed Order Granting Motion to Substitute Counsel)(Cunning, Jessica) |
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Order [non-document] granting #78 Motion to Substitute Attorneys Peter A. Lusenhop, Timothy B. McGranor and Jessica Knopp Cunning in place of Attorneys Jesse R. Pierce and Paul Galante as counsel for Defendants Jamestown Resources, L.L.C. and Pelican Energy, L.L.C. Judge Benita Y. Pearson on 2/14/2017. (JLG)
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Filing 77
Order for the reasons set forth herein ECF No. #75 is stricken. Judge Benita Y. Pearson on 1/20/2017. (E,CK)
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Order [non-document] granting #76 Joint Motion to Withdraw Document Plaintiffs' Motion for Summary Judgment. Plaintiffs' Motion for Partial Summary Judgment, ECF No. #71 , shall be marked as withdrawn. Judge Benita Y. Pearson on 1/18/2017. (JLG)
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| Filing 76 Joint Motion to withdraw Plaintiffs' Motion for Summary Judgment without prejudice pending resolution of class certification filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. (Attachments: #1 Exhibit Proposed order)(McGranor, Timothy) |
| Filing 75 STRICKEN per #77 Order - Letter regarding Jeff King Vacation filed by Total E&P USA, Inc.. (King, Jeffrey) Modified to strike from record on 1/20/2017 (E,CK). |
| Filing 74 Certificate Of Service of Amended/Supplemental Responses to Chesapeake Defendants' and Total's Discovery Requests filed by All Plaintiffs. (Murray, Dennis) |
| Filing 73 Notice Of Filing Affidavits Of David J. Eigel And Roger M. Romeo filed by All Plaintiffs. (Attachments: #1 Affidavit of David J. Eigel, #2 Affidavit of Roger M. Romeo)(Murray, Dennis) |
| Filing 72 Memorandum in Support of #71 Motion for Partial Summary Judgment filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Attachments: #1 Exhibit Ex. 1 - TOTAL's response to Interrogatory No. 8, #2 Exhibit Ex. 2 - Chesapeake's response to Interrogatory No. 4, #3 Exhibit Ex. 3 - TOTAL's response to Interrogatory No. 10, #4 Exhibit Ex. 4 - Chesapeake's response to Request for Production No. 21, #5 Exhibit Ex. 5 - 12-23-2010 Hanover Farms Limited Partnership Oil and Gas Lease, #6 Exhibit Ex. 6 - 1-11-2011 Zehentbauer Family Land LP Oil and Gas Lease, #7 Exhibit Ex. 7 - 3-14-2012 Robert Milton Young Revocable Trust Oil and Gas Lease, #8 Exhibit Ex. 8 - TOTAL's response to Interrogatory No. 1, #9 Exhibit Ex. 9 - TOTAL's response to Interrogatory No. 4, #10 Exhibit Ex. 10 - Affidavit Of David J. Eigel with attachment, #11 Exhibit Ex. 11 -- Affidavit of Roger M. Romeo with attachments)(Murray, Dennis) |
| Filing 71 WITHDRAWN - See Order [non-document] dated 1/18/2017. Motion for partial summary judgment on the issue of whether taking deductions is in violation of plaintiffs' gross royalty leases as to defendants, Chesapeake Exploration, L.L.C., CHK Utica, L.L.C., Total E&P USA, Inc., Jamestown Resources, L.L.C., and Pelican Energy, L.L.C. filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Murray, Dennis) Modified on 1/18/2017 (JLG). |
| Filing 70 Stipulation & Order [marginal entry] re #68 Plaintiffs Stipulation the within request to extend the cutoff to amend pleadings and add parties is denied without prejudice to the parties filing a motion. Judge Benita Y. Pearson on 11/22/2016. (E,CK) |
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Filing 69
Order granting Unopposed #64 Motion for protective order See Electronic Filing Policies and Procedures Manual at Paragraphs 19 and 24 for filing documents under seal. Judge Benita Y. Pearson on 11/22/2016. Related Doc #64 . (E,CK)
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| Filing 68 Joint Proposed Stipulation and Order extending deadline to amend pleadings filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. Related document(s) #58 .(McGranor, Timothy) |
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Filing 67
Order granting Motion for Appearance Pro Hac Vice by Attorney David H. Ammons for Defendant Total E&P USA, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #66 ). Judge Benita Y. Pearson on 11/8/2016. (JLG)
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| Filing 66 Motion for attorney David H. Ammons to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7889234, filed by Defendant Total E&P USA, Inc.. (Attachments: #1 Exhibit A: Affidavit of David H. Ammons)(Ubersax, Jeffery) |
| Filing 65 Notice of Service of Plaintiffs' Responses to Chesapeake Defendants' First Set of Requests for Production of Documents and Interrogatories and Plaintiffs' Responses to Defendant's Total E&P USA, Inc.'s First Set of Requests for Production and Interrogatories filed by All Plaintiffs. (Murray, Dennis) |
| Filing 64 Unopposed Motion for protective order filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Attachments: #1 Proposed Order)(Murray, Dennis) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Status Conference held on 10/31/2016. Present were Attorneys Dennis E. Murray, Jr., William H. Bartle, Scott M. Zurakowski, and Gregory W. Watts as counsel for Plaintiffs; Attorneys William M. Connolly, Timothy B. McGranor, and Daniel T. Donovan as counsel for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C.; Attorneys Jeffery D. Ubersax, Jeffrey C. King, and David Ammons as counsel for Defendant Total E&P USA, Inc.; and, Attorney Paul Galante as counsel for Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C. Attorney Ammons has not entered an appearance on the docket. A Telephonic Status Conference is set for 2/15/2017 at 12:00 p.m. Noon. Attorney Murray is to set up the conference call. Parties' attendance is welcome, but not mandatory. Agenda items for this conference will be (1) the progression of the class certification work, (2) whether a stipulation regarding certification of the proposed class will be forthcoming, and (3) readiness for ADR. (Court Reporter: None); Time: 19 Minutes. (JLG) |
| Filing 63 Notice of Service of Plaintiffs' Interrogatories and Request for Production of Documents Directed to Defendants, Total E&P USA, Inc. and Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc., and CHK Utica, L.L.C. filed by All Plaintiffs. (Murray, Dennis) |
| Filing 62 Notice of Withdrawal of Appearance of Lydia Floyd filed by Total E&P USA, Inc.. (Floyd, Lydia) |
| Filing 61 Agreed Document and Electronic Discovery Plan filed by All Plaintiffs. (Murray, Dennis) |
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Filing 60
Order granting Motion for Appearance Pro Hac Vice by Attorney Paul Galante for Defendants Jamestown Resources, L.L.C. and Pelican Energy, L.L.C. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #59 ). Judge Benita Y. Pearson on 8/31/2016. (JLG)
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| Filing 59 Motion for attorney Paul Galante to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7780149, filed by Jamestown Resources, L.L.C., Pelican Energy, L.L.C.. (Attachments: #1 Exhibit A (Affidavit of Paul Galante))(Pierce, Jesse) |
| Filing 58 Case Management Conference Plan/Order. Case is assigned to the complex track, and is not suitable for Alternative Dispute Resolution (ADR) at this time. The parties do not consent to the jurisdiction of the U.S. Magistrate Judge. Discovery relevant to the appropriateness of certification of the proposed class is to be completed by 6/1/2017. Plaintiffs' motion for class certification shall be served and filed on or before 7/14/2017. Defendants shall serve and file a memorandum in opposition to Plaintiffs' motion for class certification on or before 8/18/2017. On or before 6/29/2017, the Parties shall file a Joint Notice regarding the necessity of a Daubert hearing and/or an oral hearing on Plaintiffs' motion for class certification. The cutoff to amend pleadings and add parties is 11/18/2016. A Telephonic Status Conference is set for 10/31/2016 at 4:00 p.m. Attorney Murray is to set up the conference call. Parties' attendance is welcome, but not mandatory. See Order for additional information and requirements. Judge Benita Y. Pearson on 8/26/2016. (JLG) |
| Minutes of proceedings [non-document] before Judge Benita Y. Pearson. Telephonic Case Management Conference held on 8/26/2016. Present were Attorneys Dennis E. Murray, Jr., William H. Bartle, William G. Williams, Terry A. Moore, and Gregory W. Watts as counsel for Plaintiffs; Attorneys William M. Connolly and Timothy B. McGranor as counsel for Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C. (collectively "Chesapeake Defendants"); Attorney Christopher A. Brown as counsel for Defendant Total E&P USA, Inc.; Attorneys Jesse R. Pierce and Paul Galante as counsel for Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C.; Plaintiffs Evelyn Frances Young and Richard Zehentbauer; Attorney Fred Gibson as party representative for Chesapeake Defendants; Attorney Bryan Rohm as party representative for Defendant Total E&P USA, Inc.; and, Attorney Matt Reynolds as party representative for Defendants Pelican and Jamestown. (Court Reporter: None); Time: 30 Minutes. (JLG) |
| Filing 57 First Report of Parties' Planning Meeting Under Fed. R. Civ. P. 26(f) and LR 16.3(b) and 23.1, parties do not consent to this case being assigned to the magistrate judge, filed by All Plaintiffs. (Murray, Dennis) |
| IMPORTANT Notice [non-document]: The Telephonic Case Management Conference is reset for 8/26/2016 at 1:00 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Related document(s) #46 . (JLG) |
| Filing 56 Initial Disclosures filed by Defendants Jamestown Resources, L.L.C., Pelican Energy, L.L.C.. (Pierce, Jesse) |
| Filing 55 Notice of Service of Rule 26(a)(1) Initial Disclosures filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (McGranor, Timothy) |
| Filing 54 Notice of Service of Initial Disclosures filed by Total E&P USA, Inc.. Related document(s) #46 .(Ubersax, Jeffery) |
| Filing 53 Initial Disclosures filed by All Plaintiffs. (Murray, Dennis) |
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Filing 52
Order granting Motions for Appearance Pro Hac Vice by Attorneys Christopher A. Brown and Jeffrey C. King for Defendant Total E&P USA, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #49 , #50 ). Judge Benita Y. Pearson on 8/3/2016. (JLG)
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| Filing 51 Answer to #1 Complaint filed by Chesapeake Exploration, L.L.C., Chespaeake Operating, Inc. and CHK Utica, L.L.C. (Cunning, Jessica) Modified to remove duplicate wording and added filers on 8/2/2016 (M,TL). |
| Filing 50 Motion for attorney Jeffrey C. King to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7738790, filed by Defendant Total E&P USA, Inc. (Attachments: #1 Exhibit A: Affidavit)(Ubersax, Jeffery) Modified text on 8/2/2016 (G,CA). |
| Filing 49 Motion for attorney Christopher A. Brown to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7738743, filed by Defendant Total E&P USA, Inc.. (Attachments: #1 Exhibit A: Affidavit of Christopher A. Brown)(Ubersax, Jeffery) |
| Filing 48 Answer to #1 Complaint (Related Doc #1 ) filed by Total E&P USA, Inc. (Ubersax, Jeffery) |
| Filing 47 Answer to #1 Complaint and Affirmative Defenses to Class Action (Related Doc #1 ) filed by Jamestown Resources, L.L.C., Pelican Energy, L.L.C. (Pierce, Jesse) Modified text on 8/18/2016 (H,SN). |
| Filing 46 Case Management Conference Scheduling Order with Telephonic Case Management Conference to be held on 8/24/2016 at 1:30 p.m. before Judge Benita Y. Pearson. Counsel for Plaintiffs shall set up the conference call and contact Chambers directly at 330-884-7435, with all participants on the line. Judge Benita Y. Pearson on 7/20/2016. (Attachments: #1 Attachment No. 1, #2 Attachment No. 2, #3 Attachment No. 3, #4 Attachment No. 4) (JLG) |
| Filing 45 Memorandum of Opinion and Order For the reasons set forth herein, Defendant Total E&P USA, Inc.'s Rule 12(b)(6) Motion to Dismiss Counts 2 and 4 of the Complaint (ECF No. #16 ) is granted. Counts Two and Four of the Class Action Complaint (ECF No. #1 -1 at PageID #: 14-168) are dismissed as to Plaintiffs' individual claims against Defendant Total E&P USA, Inc., relating to Plaintiffs' individual interests in their leases with TEPUSA. Counts One and Three remain against TEPUSA. Judge Benita Y. Pearson on 7/19/2016. (JLG) |
| Filing 44 Memorandum of Opinion and Order For the reasons set forth herein, Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., and CHK Utica, L.L.C.'s Motion for Partial Dismissal (ECF No. #14 ) is granted in part and denied in part. Defendants Pelican Energy, L.L.C. and Jamestown Resources, L.L.C.'s Motion for Partial Dismissal (ECF No. #20 ) is granted. Counts Two and Four and the claim for breach of express covenant to market in Count Three of the Class Action Complaint (ECF No. #1 -1 at PageID #: 14-168) are dismissed as to Defendants Chesapeake Exploration, L.L.C., Chesapeake Operating, L.L.C., CHK Utica, L.L.C., Pelican Energy, L.L.C., and Jamestown Resources, L.L.C. Count One and the remainder of Count Three remain against these Defendants. Judge Benita Y. Pearson on 7/19/2016. (JLG) |
| Filing 43 Memorandum of Opinion and Order For the reasons set forth herein, the Court denies Defendant Total E&P USA, Inc.'s Motion to Stay (ECF No. #2 ). Judge Benita Y. Pearson on 7/19/2016. (JLG) |
| Filing 42 Memorandum of Opinion and Order For the reasons set forth herein, the Court denies Plaintiffs' Motion to Remand (ECF No. #24 ). Judge Benita Y. Pearson on 7/19/2016. (JLG) |
| Filing 41 Reply in Support of Partial Motion to Dismiss Plaintiffs' Complaint filed by Jamestown Resources, L.L.C., Pelican Energy, L.L.C. (Pierce, Jesse) |
| Filing 40 Reply in support of #15 Motion to dismiss All Claims Against Chesapeake Operating, Count Two and Count Four and Breach of Express Covenant to Market Count Three filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Cunning, Jessica) |
| Filing 39 Reply in support of #16 Motion to dismiss Counts 2 and 4 of the Complaint for failure to state a claim Rule 12(b)(6) filed by Total E&P USA, Inc.. (Ubersax, Jeffery) |
| Filing 38 Opposition to #16 Motion to dismiss Counts 2 and 4 of the Complaint for failure to state a claim Rule 12(b)(6) filed by All Plaintiffs. (Murray, Dennis) |
| Filing 37 Combined Opposition to #20 Partial Motion to Dismiss Complaint filed by All Plaintiffs. (Murray, Dennis) Modified to remove duplicate text on 2/5/2016 (S,L). |
| Filing 36 Sur-Reply to #24 Motion to remand case filed by Total E&P USA, Inc.. (Ubersax, Jeffery) |
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Order [non-document] granting #35 Motion for Leave to File Surreply in Opposition to Plaintiffs' Motion to Remand. Judge Benita Y. Pearson on 1/29/2016. (JLG)
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| Filing 35 Motion for leave to File Surreply in Opposition to Plaintiffs' Motion to Remand filed by Defendant Total E&P USA, Inc.. Related document(s) #24 , #25 , #32 , #27 . (Attachments: #1 Surreply in Opposition to Motion to Remand)(Ubersax, Jeffery) |
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Filing 34
Order granting Motions for Appearance Pro Hac Vice by Attorneys Seamus C. Duffy and William M. Connolly for Defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C. and Chesapeake Operating, Inc. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #29 , #30 ). Judge Benita Y. Pearson on 1/27/2016. (JLG)
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Filing 33
Order granting #31 Motion for Extension of Time until 2/3/2016 to File Memoranda in Opposition to Defendants' Motions to Dismiss. Judge Benita Y. Pearson on 1/27/2016. (JLG)
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| Filing 32 Reply in support of #24 Motion to remand case filed by All Plaintiffs. (Murray, Dennis) |
| Filing 31 Motion for extension of time until February 3, 2016 to file memoranda in opposition to defendants' Motions to Dismiss filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Attachments: #1 Proposed Order extension of time to file memoranda in opposition to defendants' Motions to Dismiss)(Murray, Dennis) |
| Filing 30 Motion for attorney William M. Connolly to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7438498, filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. (Attachments: #1 Affidavit of William M. Connolly)(McGranor, Timothy) |
| Filing 29 Motion for attorney Seamus C. Duffy to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-7438473, filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. (Attachments: #1 Affidavit of Seamus C. Duffy)(McGranor, Timothy) |
| Filing 28 Notice of Joinder by Chesapeake Defendants to TOTAL E&P USA, INC.'s Opposition to Plaintiffs' motion to Remand filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. Related document(s) #27 .(McGranor, Timothy) |
| Filing 27 Opposition to #24 Motion to remand case filed by Total E&P USA, Inc.. (Ubersax, Jeffery) |
| Filing 26 Reply in support of #2 Motion to stay filed by Total E&P USA, Inc. (Ubersax, Jeffery) |
| Filing 25 Brief In Support Of Motion To Remand filed by All Plaintiffs. Related document(s) #24 . (Attachments: #1 Exhibit 1 - Lasalle v. Tiger) (Murray, Dennis) |
| Filing 24 Motion to remand case filed by Hanover Farms LP, Evelyn Frances Young, Zehentbauer Family Land LP. (Murray, Dennis) |
| Filing 23 Proposed Order filed by All Plaintiffs. Related document(s) #22 . (Watts, Gregory) |
| Filing 22 Motion for leave to re-file memorandum in opposition to Defendant Total E&P USA, Inc's #2 Motion to stay, instanter filed by Plaintiffs Hanover Farms LP, Evelyn Frances Young, and Zehentbauer Family Land LP. (Watts, Gregory) Modified text and added link on 12/28/2015 (H,SN). |
| Filing 21 Opposition to #13 Notice of Joinder by Chesapeake Defendants to Total E&P USA, Inc. #2 Motion to Stay filed by All Plaintiffs. (Watts, Gregory) Modified text on 12/23/2015 and resent NEF (E,CK). |
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Order [non-document] granting #22 Motion for Leave to Refile Memorandum in Opposition to Defendant Total E&P USA, Inc's Motion to Stay, Instanter. Judge Benita Y. Pearson on 12/23/2015. (JLG)
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| Filing 20 Motion to dismiss Partial Motion to Dismiss Plaintiffs' Complaint filed by Jamestown Resources, L.L.C., Pelican Energy, L.L.C.. (Attachments: #1 Brief in Support, #2 Proposed Order)(Pierce, Jesse) |
| Filing 19 Corporate Disclosure Statement filed by Pelican Energy, L.L.C.. (Pierce, Jesse) |
| Filing 18 Corporate Disclosure Statement filed by Jamestown Resources, L.L.C.. (Pierce, Jesse) |
| Filing 17 Proposed Order filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc. Related document(s) #14 , #15 . (Lusenhop, Peter) Modified to term motion event on 12/22/2015 (JLG). |
| Filing 16 Motion to dismiss Counts 2 and 4 of the Complaint for failure to state a claim Rule 12(b)(6) filed by Defendant Total E&P USA, Inc. (Attachments: #1 Brief in Support)(Ubersax, Jeffery) Modified text on 12/23/2015 (E,CK). |
| Filing 15 Memorandum of Law in Support of #14 Motion Dismiss Plaintiffs' Complaint filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. Related document(s) #14 . (Lusenhop, Peter) Modified text and termed motion event on 5/4/2016 (JLG). |
| Filing 14 Motion to dismiss Plaintiffs' Complaint filed by Defendants' CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., and Chesapeake Operating, Inc.. (Lusenhop, Peter) |
| Filing 13 Notice of Joinder by Chesapeake Defendants to Total E&P USA, Inc. #2 Motion to Stay filed by Defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., and Chesapeake Operating, Inc. Related document(s) #2 .(Lusenhop, Peter) Modified text on 12/23/2015 (H,SN). |
| Filing 12 Corporate Disclosure Statement identifying Corporate Parent Chesapeake Energy Corporation for Defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., and Chesapeake Operating, Inc. filed by Defendants CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., and Chesapeake Operating, Inc. (Lusenhop, Peter) |
| Filing 11 Opposition to #2 Motion to stay with Memorandum in Opposition attached filed by All Plaintiffs. (Watts, Gregory) Modified text on 12/23/2015 (H,SN). |
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Order [non-document] granting #10 Unopposed Motion for Extension of Time Until 12/21/2015 to Answer or Otherwise Respond to Complaint. Judge Benita Y. Pearson on 12/9/2015. (JLG)
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| Filing 10 Unopposed Motion for Extension of Time until 14 days, up to and including December 21, 2015 to Answer or Otherwise Respond to Complaint #1 filed by Defendants Jamestown Resources, L.L.C., and Pelican Energy, L.L.C. Related document #1 . (Attachments: #1 Exhibit A Letter)(H,SN) |
| Filing 9 Unopposed Motion for extension of time until 12/21/2015 to answer or otherwise respond to complaint filed by CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Donovan, Daniel) |
| Filing 8 Attorney Appearance by Daniel T. Donovan filed by on behalf of CHK Utica, L.L.C., Chesapeake Exploration, L.L.C., Chesapeake Operating, Inc.. (Donovan, Daniel) |
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Filing 7
Order granting Motion for Appearance Pro Hac Vice by Attorney Jesse R. Pierce for Defendants Jamestown Resources, L.L.C. and Pelican Energy, L.L.C. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. (Related Doc #5 ). Judge Benita Y. Pearson on 12/7/2015. (JLG)
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Order [non-document] granting as requested #6 Motion for Extension of Time until 12/21/2015 to Answer or Otherwise Respond to the Complaint. Judge Benita Y. Pearson on 12/7/2015. (JLG)
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Order [non-document] granting #9 Unopposed Motion for Extension of Time until 12/21/2015 to Answer or Otherwise Respond to Complaint. Judge Benita Y. Pearson on 12/7/2015. (JLG)
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| Filing 6 Motion for extension of time until 12/21/2015 to answer or otherwise respond to the Complaint filed by Defendant Total E&P USA, Inc.. (Ubersax, Jeffery) |
| Filing 5 Motion for attorney Jesse R. Pierce to Appear Pro Hac Vice. Filing fee $ 120, receipt number 44660003854, filed by Defendants Jamestown Resources, L.L.C. and Pelican Energy, L.L.C.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(E,CK) |
| Filing 4 Magistrate Consent Form issued. (M,TL) |
| Filing 3 Corporate Disclosure Statement identifying Corporate Parent TOTAL, S.A. and Other Affiliates TOTAL Delaware, Inc., Elf Aquitaine, Inc., TOTAL Holdings USA, Inc., TOTAL Gestion USA and TOTAL S.A. for Total E&P USA, Inc. filed by Total E&P USA, Inc. (Ubersax, Jeffery) Modified to add Other Affiliates on 11/30/2015 (M,TL). |
| Filing 2 Motion to stay filed by Defendant Total E&P USA, Inc.. (Attachments: #1 Brief in Support)(Ubersax, Jeffery) |
| Filing 1 Notice of Removal from Columbiana Court of Common Pleas, Ohio, case number 2015CV557 with jury demand. Filing fee $ 400 paid, receipt number 0647-7376448. Filer has indicated that case may be related to pending civil action 4:09cv2256, 5:15cv00616. Filed by Total E&P USA, Inc. (Attachments: #1 Exhibit A: Service of Process Transmittal, Summons, and Class Action Complaint, #2 Exhibit B: 11/9/2015 Judgment Entry Filed in State Court, #3 Civil Cover Sheet) (Ubersax, Jeffery) Modified text per attorney to correct filers on 11/30/2015 (E,P). |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge George J. Limbert. (M,TL) |
| Judge Benita Y. Pearson assigned to case. (M,TL) |
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