Sound Energy Company, Inc. et al v. Ascent Resources - Utica, LLC et al
Plaintiff: Robert F. Timmerman, Charles A. Baker, Michael L. DeMatto, Cassandra McCune, Sound Energy Company, LLC, Bruce A. Levengood, Sound Energy Company, Inc. and Michael L DeMattio
Defendant: Carrizo (Utica) LLC and Ascent Resources - Utica, LLC
Not Classified By Court: Ronald Linville
Case Number: 2:2018cv01771
Filed: December 21, 2018
Court: US District Court for the Southern District of Ohio
Presiding Judge: Elizabeth Preston Deavers
Referring Judge: George C Smith
Nature of Suit: Real Property: Other
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2022 Opinion or Order Filing 116 ORDER - Under Federal Rule of Civil Procedure 41 this action is dismissed with prejudice as to all claims, causes of action, and parties, with each party bearing that party's own attorney's fees and costs. The Court retains jurisdiction over the settlement contract for the purposes of its enforcement. Signed by Magistrate Judge Elizabeth Preston Deavers on December 9, 2022. (jlk)
December 9, 2022 Opinion or Order ***Civil Case Terminated pursuant to ECF No. #115 Stipulated Dismissal. (tla)
December 8, 2022 Opinion or Order Filing 115 STIPULATION of Dismissal Stipulated Entry of Dismissal with Prejudice Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew) Modified for statistical purposes on 12/9/2022 (jlk).
November 29, 2022 Opinion or Order Filing 114 STATUS REPORT ORDER - The parties are ORDERED to file another JOINT WRITTEN STATUS REPORT detailing the status, but not the substance, of settlement negotiations on or before JANUARY 9, 2023, unless an appropriate dismissal entry is filed before that date. Signed by Magistrate Judge Elizabeth Preston Deavers on November 29, 2022. (jlk)
November 29, 2022 Opinion or Order NOTICE: The December 5, 2022 Jury Trial is VACATED. (sln)
November 22, 2022 Opinion or Order Filing 113 STATUS REPORT of the Parties by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
November 4, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 11/4/2022. (sln)
November 4, 2022 Opinion or Order Filing 112 STATUS REPORT ORDER: The parties are ORDERED to file a JOINT WRITTEN STATUS REPORT detailing the status, but not the substance, of settlement negotiations on or before NOVEMBER 23, 2022, unless an appropriate dismissal entry is filed before that date. Signed by Magistrate Judge Elizabeth Preston Deavers on November 4, 2022. (jlk)
October 5, 2022 Opinion or Order Filing 111 NOTICE of Hearing: Status Conference set for 11/4/2022 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
October 5, 2022 Opinion or Order NOTICE: The 10/17/2022 Jury Trial is rescheduled to 12/5/2022 09:00 AM before Magistrate Judge Elizabeth Preston Deavers. (sln)
October 3, 2022 Opinion or Order Filing 110 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Final Pretrial Conference held on 10/3/2022. Additional settlement negotiations conducted. (Court Reporter: Lahana DuFour) (sln)
September 30, 2022 Opinion or Order Filing 109 ORDER granting in part and denying in part #101 Plts' Motion in Limine; denying #102 Defendant Ascent Resources-Utica, LLC's Motion in Limine; granting #104 Plaintiffs' Motion to Amend. Signed by Magistrate Judge Elizabeth Preston Deavers on 9/30/2022. (sln)
September 26, 2022 Opinion or Order Filing 108 RESPONSE in Opposition re #101 MOTION in Limine filed by Defendant Ascent Resources - Utica, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Colosimo, Kevin)
September 26, 2022 Opinion or Order Filing 107 Proposed Pretrial Order proposed Final Pretrial Order by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Appendix A - Qualifications of Expert Witness, #2 Appendix B - Joint Exhibits of Plaintiff and Defendant) (Onest, Matthew)
September 26, 2022 Opinion or Order Filing 106 RESPONSE in Opposition re #102 MOTION in Limine Plaintiffs Memorandum in Opposition to Defendants, Ascent Resources Utica, LLC, Motion in Limine filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1 - WILLIAMS & MEYERS - Anti-Washout and Overriding Royalty) (Onest, Matthew)
September 26, 2022 Opinion or Order Filing 105 Objection Plaintiffs' Objections to Defendant's, Ascent Resources Utica, LLC, Deposition Designation by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
September 22, 2022 Opinion or Order Filing 104 MOTION to Amend/Correct #101 MOTION in Limine Plaintiffs Motion to Amend Portion of Motion in Limine by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Plaintiffs Memorandum in Support of Plaintiffs Motion to Amend Portion of Motion in Limine) (Onest, Matthew)
September 19, 2022 Opinion or Order Filing 103 Exhibit List by Defendant Ascent Resources - Utica, LLC.. (Craig, Daniel)
September 19, 2022 Opinion or Order Filing 102 MOTION in Limine by Defendant Ascent Resources - Utica, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (Colosimo, Kevin)
September 19, 2022 Opinion or Order Filing 101 MOTION in Limine by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Plaintiffs' Memorandum in Support of Motion in Limine, #2 Exhibit 1 - ARU's Supplemental Initial Disclosure - 4894-8384-4403.1, #3 Exhibit 2 - Ascent Resources - Utica, LLC's Rule 26(A) Initial Disclosures) (Onest, Matthew)
September 19, 2022 Opinion or Order Filing 100 Exhibit List Plaintiff's Preliminary Trial Exhibit List by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman.. (Onest, Matthew)
September 13, 2022 Opinion or Order Set Hearing Event for eCalendar: Jury Trial set for 10/17/2022 - 10/21/2022 in Courtroom 220 - Columbus before Magistrate Judge Elizabeth Preston Deavers. (sln)
September 6, 2022 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Settlement Conference held on 9/6/2022. Case has not yet reached impasse. (sln)
August 29, 2022 Opinion or Order Filing 99 ORDER granting #98 Motion for Leave to Appear by phone for the Settlement Conference. The parties shall make themselves available by phone for the September 6, 2022, Settlement Conference. Signed by Magistrate Judge Elizabeth Preston Deavers on August 29, 2022. (jlk)
August 26, 2022 Opinion or Order Filing 98 Joint MOTION for Leave to Appear by Telephone - Joint Motion to Permit Parties to Be Available by Phone for September 6, 2022, Settlement Conference by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Text of Proposed Order) (Onest, Matthew)
June 14, 2022 Opinion or Order Filing 97 OPINION and ORDER denying #91 Motion to Compel Plaintiffs Production of Revenue and Expense Information for the McClelland No. 2 Well. Signed by Magistrate Judge Elizabeth Preston Deavers on June 14, 2022. (jlk)
May 11, 2022 Opinion or Order Filing 96 ORDER granting #95 Defendant Carrizo (Utica) LLC's Motion to be Excused from all pretrial and trial proceedings as set forth in the Court's trial scheduling orders. Signed by Magistrate Judge Elizabeth Preston Deavers on 5/11/22. (sem)
May 10, 2022 Opinion or Order Filing 95 MOTION to be Excused from Pretrial Proceedings and Trial by Defendant Carrizo (Utica) LLC. (West, John)
May 6, 2022 Opinion or Order Filing 94 RESPONSE in Opposition re #91 MOTION to Compel Production of Revenue and Expense Information for the McClelland No.2 Well filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1- 09-27-2019 Ltr. to M. Onest re Discovery Disputes) (Onest, Matthew)
April 26, 2022 Opinion or Order Filing 93 NUNC PRO TUNC ORDER - This case is set for a settlement conference on SEPTEMBER 6, 2022 at 10:00 A.M. under Federal Rule of Civil Procedure 16(a)(5) and (c)(2) before The Honorable Elizabeth A. Preston Deavers, United States District Court, 85 Marconi Boulevard, Room 225, Columbus, Ohio 43215. Signed by Magistrate Judge Elizabeth Preston Deavers on April 26, 2022. (jlk)
April 26, 2022 Opinion or Order Filing 92 SCHEDULING ORDER: Final Pretrial Conference set for 10/3/2022 at 11:00 AM in Courtroom 220 - Columbus before Magistrate Judge Elizabeth Preston Deavers. Settlement Conference set for 9/5/2022. Jury Trial set for 10/17/2022 at 09:00 AM in Courtroom 220 - Columbus before Magistrate Judge Elizabeth Preston Deavers. Motions due by 9/19/2022. Signed by Magistrate Judge Elizabeth Preston Deavers on April 26, 2022. (jlk)
April 25, 2022 Opinion or Order Filing 91 MOTION to Compel Production of Revenue and Expense Information for the McClelland No.2 Well by Defendant Ascent Resources - Utica, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (Colosimo, Kevin)
April 21, 2022 Opinion or Order Filing 90 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 4/21/2022. Defendant to file a Motion to Compel by 4/25/2022. Court will set a trial date by separate Order. (sln)
April 18, 2022 Opinion or Order Filing 89 NOTICE of Hearing: Status Conference set for 4/21/2022 03:00 PM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
April 13, 2022 Opinion or Order Filing 88 Minute Entry for proceedings held before Magistrate Judge Elizabeth Preston Deavers: Status Conference held on 4/13/2022. Parties to confer regarding any remaining discovery and compare calendars for when this case will be ready for trial. (sln)
April 8, 2022 Opinion or Order Filing 87 NOTICE of Hearing: Status Conference set for 4/13/2022 11:30 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (sln)
March 29, 2022 Opinion or Order Filing 86 OPINION and ORDER denying #79 Motion for Partial Summary Judgment; denying #80 Motion for Summary Judgment; granting #85 Motion for Leave to File Supplemental Authority. Signed by Magistrate Judge Elizabeth Preston Deavers on March 29, 2022. (jlk)
October 28, 2021 Opinion or Order Filing 85 MOTION for Leave to File Supplemental Authority Instanter Relating to Pending Motions for Summary Judgment by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit A - Supplemental Authority - Brown v. Artex) (Onest, Matthew)
June 1, 2021 Opinion or Order Filing 84 REPLY to Response to Motion re #79 Supplemental MOTION for Partial Summary Judgment on Count Two of Plaintiff's First Amended Complaint filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1 - Document within the public well file for the Hoop Unit; p. 4, #2 Exhibit 2 - Documents within the public well file for the Hoop Unit, #3 Exhibit 3 - Documents within the public well file for the Hoop Unit, #4 Exhibit 4 - Levengood deposition excerpts, #5 Exhibit 5 - Robinson deposition excerpts) (Onest, Matthew)
May 28, 2021 Opinion or Order Filing 83 REPLY BRIEF in Support #80 MOTION for Summary Judgment filed by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel) Modified text on 6/1/2021 (jlk).
May 17, 2021 Opinion or Order Filing 82 RESPONSE in Opposition re #79 Supplemental MOTION for Partial Summary Judgment on Count Two of Plaintiff's First Amended Complaint filed by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
May 14, 2021 Opinion or Order Filing 81 RESPONSE in Opposition re #80 MOTION for Summary Judgment filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1 - Baker deposition excerpts, #2 Exhibit 2 - DeMattio deposition excerpts, #3 Exhibit 3 - Levengood deposition excerpts) (Onest, Matthew)
April 23, 2021 Opinion or Order Filing 80 MOTION for Summary Judgment by Defendant Ascent Resources - Utica, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit) (Craig, Daniel)
April 23, 2021 Opinion or Order Filing 79 Supplemental MOTION for Partial Summary Judgment on Count Two of Plaintiff's First Amended Complaint by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Declaration of Bruce Levengood, #3 Exhibit 2 (part 1) - 18 Sound Energy Leases, #4 Exhibit 2 (part 2) - 18 Sound Energy Leases, #5 Exhibit 3 - Release of Lease for the Fred and Irene Montgomery lease (Vol. 70, Pg. 730), #6 Exhibit 4 - Release of Lease for the Wayne Dorst lease (Vol. 70, Pg. 683), #7 Exhibit 5 - Assignments of overriding royalties executed by Carrizo, #8 Exhibit 6 - Sound Energy Leases covered by a Carrizo Lease and the corresponding Carrizo Leases, #9 Exhibit 7 - Sound Energy Leases covered by an Ascent Lease and the corresponding Ascent Leases) (Onest, Matthew)
March 23, 2021 Opinion or Order Filing 78 CLERK'S JUDGMENT (ew)
March 23, 2021 Opinion or Order Filing 77 OPINION AND ORDER denying #41 Motion for Partial Summary Judgment; granting #43 Defendant Carrizo (Utica) LLC's Motion for Summary Judgment; granting in part and denying in part without prejudice #44 Defendant Ascent Resources Utica, LLC's Motion for Summary Judgment; and denying #71 Motion to Strike. Should either party choose to re-file a motion for summary judgment as to Count Two, such motion shall be filed by 4/23/2021. Signed by Magistrate Judge Elizabeth Preston Deavers on 3/23/2021. (ew)
May 18, 2020 Opinion or Order Filing 75 REPLY to Response to Motion re #41 MOTION for Partial Summary Judgment filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1 - Cited-to portions of Bruce Levengood's deposition) (Onest, Matthew)
May 18, 2020 Opinion or Order Filing 74 REPLY to Response to Motion re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy filed by Defendant Ascent Resources - Utica, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Craig, Daniel)
May 18, 2020 Opinion or Order Filing 73 REPLY to Response to Motion re #43 MOTION for Summary Judgment Carrizo Reply to Plaintiffs' Response in Opposition to Carrizo Motion for Summary Judgment filed by Defendant Carrizo (Utica) LLC. (West, John)
May 5, 2020 Opinion or Order Filing 72 NOTICE by Defendant Ascent Resources - Utica, LLC re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy of Filing of Table of Contents (Craig, Daniel)
May 4, 2020 Opinion or Order Filing 71 MOTION to Strike #44 MOTION for Summary Judgment Against Plaintiff Sound Energy Motion to Strike Portions of Ascent Resources Utica, LLCs Motion for Summary Judgment by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
May 4, 2020 Opinion or Order Filing 70 RESPONSE in Opposition re #43 MOTION for Summary Judgment of Carrizo (Utica) LLC filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
May 4, 2020 Opinion or Order Filing 69 RESPONSE in Opposition re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy filed by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1 - Excerpts of Bruce Levengood Deposition, #2 Exhibit 2 - Chuck Baker Deposition Excerpts, #3 Exhibit 3 - Mike DeMattio Deposition Excerpts, #4 Exhibit 4 - Well Revenue and Expense Accounting, #5 Exhibit 5 - Declaration of Bruce Levengood, #6 Exhibit 6 - Carrizo Due Diligence Spreadsheet) (Onest, Matthew)
May 4, 2020 Opinion or Order Filing 68 RESPONSE in Opposition re #41 MOTION for Partial Summary Judgment filed by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
May 4, 2020 Opinion or Order Filing 67 RESPONSE in Opposition re #41 MOTION for Partial Summary Judgment filed by Defendant Carrizo (Utica) LLC. (West, John)
April 15, 2020 Opinion or Order Filing 66 ORDER granting #64 Motion for Extension of Time to File Response re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy, #41 MOTION for Partial Summary Judgment , #43 MOTION for Summary Judgment. Responses due by 5/4/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on April 15, 2020. (jlk)
April 15, 2020 Opinion or Order Filing 65 ORDER granting #63 Motion to Seal Document. #47 Notice (Other), #48 Notice (Other) are STRICKEN. Signed by Magistrate Judge Elizabeth Preston Deavers on April 15, 2020. (jlk)
April 14, 2020 Opinion or Order Filing 64 Joint MOTION for Extension of Time to File Response/Reply as to #41 MOTION for Partial Summary Judgment , #43 MOTION for Summary Judgment , #42 Brief, #44 MOTION for Summary Judgment Against Plaintiff Sound Energy New date requested 5/4/2020. by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
April 14, 2020 Opinion or Order Filing 63 MOTION to Seal Document #47 Notice (Other), #48 Notice (Other), Improperly Filed Exhibits to Motion for Summary Judgment by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
April 14, 2020 Opinion or Order Filing 62 NOTICE by Defendant Ascent Resources - Utica, LLC re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy of Filing Replacement Exhibits T-Y (Attachments: #1 Exhibit) (Craig, Daniel)
April 14, 2020 Opinion or Order Filing 61 NOTICE by Defendant Ascent Resources - Utica, LLC re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy of Filing Replacement Exhibits Q-S (Attachments: #1 Exhibit) (Craig, Daniel)
April 14, 2020 Opinion or Order Filing 60 NOTICE by Defendant Ascent Resources - Utica, LLC re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy of Filing of Replacement Exhibits K-P (Attachments: #1 Exhibit) (Craig, Daniel)
April 14, 2020 Opinion or Order Filing 59 NOTICE by Defendant Ascent Resources - Utica, LLC re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy of Filing of Replacement Exhibits A-J (Attachments: #1 Exhibit) (Craig, Daniel)
April 10, 2020 Opinion or Order Filing 58 NOTICE by Defendant Ascent Resources - Utica, LLC Filing of Eratta Sheet of Heath Robinson (Craig, Daniel)
April 10, 2020 Opinion or Order Filing 57 NOTICE by Defendant Ascent Resources - Utica, LLC Eratta Sheet of Heath Robinson (Craig, Daniel)
April 7, 2020 Opinion or Order Filing 53 NOTICE OF FILING DEPOSITION of Bruce Levengood, Charles Baker, Michael DeMattio by Defendant Carrizo (Utica) LLC. (West, John)
April 7, 2020 Opinion or Order Filing 52 DEPOSITION of Michael DeMattio taken on 11/11/2019 by Defendant Carrizo (Utica) LLC. (West, John)
April 7, 2020 Opinion or Order Filing 51 DEPOSITION of Charles Baker taken on 11/11/2019 by Defendant Carrizo (Utica) LLC. (West, John)
April 7, 2020 Opinion or Order Filing 50 DEPOSITION of Bruce Levengood taken on 11/21/2019 by Defendant Carrizo (Utica) LLC. (West, John)
April 7, 2020 Opinion or Order Filing 48 STRICKEN PER ORDER #65 ***NOTICE by Defendant Ascent Resources - Utica, LLC EXHIBITS (Attachments: #1 Exhibit L, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q, #7 Exhibit S, #8 Exhibit T, #9 Exhibit U, #10 Exhibit V, #11 Exhibit W, #12 Exhibit X, #13 Exhibit Y) (Craig, Daniel) Modified on 4/15/2020 (jlk).
April 7, 2020 Opinion or Order Filing 47 STRICKEN PER ORDER #65 ***NOTICE by Defendant Ascent Resources - Utica, LLC re #44 MOTION for Summary Judgment Against Plaintiff Sound Energy EXHIBITS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K) (Craig, Daniel) Modified on 4/15/2020 (jlk).
April 7, 2020 Opinion or Order Filing 46 ORDER granting #45 Motion for Leave to File Redacted Documents as Exhibits. The Clerk is DIRECTED to accept for filing with redactions the documents described above. Signed by Magistrate Judge Elizabeth Preston Deavers on April 7, 2020. (jlk)
April 6, 2020 Opinion or Order Filing 45 Unopposed MOTION for Leave to File Redacted Documents by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
April 6, 2020 Opinion or Order Filing 44 MOTION for Summary Judgment Against Plaintiff Sound Energy by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
April 6, 2020 Opinion or Order Filing 43 MOTION for Summary Judgment by Defendant Carrizo (Utica) LLC. (Attachments: #1 Exhibit Exhibit 1 DeMattio Deposition Transcript, #2 Exhibit Exhibit 2 Baker Deposition Transcript, #3 Exhibit Exhibit 3 Levengood Deposition Transcript) (West, John)
April 6, 2020 Opinion or Order Filing 42 BRIEF re #41 MOTION for Partial Summary Judgment by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit 1 - Declaration of Matthew W. Onest, #2 Exhibit 2 - ORRI Assign Sound to B. Levengood et al, #3 Exhibit 3 - Ascent Written Discovery Responses, #4 Exhibit 4 - Page 1 of Heath Robinson Depo Exh 2, #5 Exhibit 5 - 558/1762 - Hoop Declaration) (Onest, Matthew)
April 6, 2020 Opinion or Order Filing 41 MOTION for Partial Summary Judgment by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
April 3, 2020 Opinion or Order Filing 40 DEPOSITION of Heath Robinson taken on 01/22/2020 by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
April 3, 2020 Opinion or Order Filing 39 NOTICE OF FILING DEPOSITION of Heath Robinson by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
April 3, 2020 Opinion or Order Filing 38 ORDER granting #37 Motion to File Document Under Seal (Joint Motion). Signed by Magistrate Judge Elizabeth Preston Deavers on April 3, 2020. (jlk)
April 3, 2020 Opinion or Order Filing 37 MOTION to File Document Under Seal (Joint Motion) by Defendant Carrizo (Utica) LLC. (West, John)
April 1, 2020 Opinion or Order Filing 36 ORDER - The parties' Joint Motion for Leave to File Deposition Transcripts Under Seal (ECF No. #35 ) is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Elizabeth Preston Deavers on April 1, 2020. (jlk)
March 31, 2020 Opinion or Order Filing 35 Joint MOTION for Leave to File Deposition Transcripts Under Seal by Defendant Carrizo (Utica) LLC. (West, John)
February 11, 2020 Opinion or Order Filing 34 ORDER granting #33 Motion to Reschedule Mediation. The parties are DIRECTED to contact the mediator to reschedule the mediation as soon as practicable. Signed by Magistrate Judge Elizabeth Preston Deavers on February 11, 2020. (jlk)
February 11, 2020 Opinion or Order Filing 33 MOTION Reschedule Mediation by Defendant Carrizo (Utica) LLC. (West, John)
December 27, 2019 Opinion or Order Filing 32 ORDER granting #31 Joint Motion for Extension of Discovery Deadline to 2/17/2020 and Dispositive Motion Deadline to 4/6/2020. Signed by Magistrate Judge Elizabeth Preston Deavers on 12/27/2019. (er)
December 27, 2019 Opinion or Order Set/Reset Columbus PPTO Deadlines: Discovery due by 2/17/2020. Dispositive motions due by 4/6/2020. (er)
December 23, 2019 Opinion or Order Filing 31 Joint MOTION for Extension of Time New date requested 2/17/2020. by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
November 20, 2019 Opinion or Order The 11/12/2019 Mediation Conference was not held. The parties agreed to continue the conference until late January 2020. Mediator Ronald Linville. (sln)
October 22, 2019 Opinion or Order Filing 30 ORDER granting #29 Motion for Extension of Time. The parties shall provide primary expert reports by DECEMBER 2, 2019, and rebuttal expert reports by JANUARY 3, 2020. Signed by Magistrate Judge Elizabeth Preston Deavers on October 22, 2019. (jlk)
October 22, 2019 Opinion or Order Set/Reset Columbus PPTO Deadlines: Primary Expert due by 12/2/2019. Rebuttal Expert due by 1/3/2020. (jlk)
October 21, 2019 Opinion or Order Filing 29 Unopposed MOTION for Extension of Time New date requested 12/2/2019. To Submit Expert Witness Reports by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
September 27, 2019 Opinion or Order Filing 28 ORDER granting #27 Motion for Extension of Time to Complete Discovery. Primary Expert due by 11/1/2019. Rebuttal Expert due by 12/2/2019. Discovery due by 1/17/2020. Dispositive motions due by 3/6/2020. (jlk) Signed by Magistrate Judge Elizabeth Preston Deavers on September 27, 2019.
September 27, 2019 Opinion or Order Set/Reset Deadlines: Discovery due by 1/17/2020. Dispositive motions due by 3/6/2020. Primary Expert due by 11/1/2019. Rebuttal Expert due by 12/2/2019. (jlk)
September 26, 2019 Opinion or Order Filing 27 Unopposed MOTION for Extension of Time to Complete Discovery New date requested 1/28/2020. by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
August 30, 2019 Opinion or Order Filing 26 ORDER Granting #25 Motion for Extension of Time until 10/1/2019 to Submit Expert Reports. Signed by Magistrate Judge Elizabeth Preston Deavers on 8/30/2019. (sln)
August 30, 2019 Opinion or Order Reset Deadline: Primary Expert Reports due by 10/1/2019. (sln)
August 29, 2019 Opinion or Order Filing 25 Unopposed MOTION for Extension of Time New date requested 10/1/2019. to Submit Expert Witness Reports by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
August 29, 2019 Opinion or Order Filing 24 Notice of Mediation Conference: Mediator Ronald G. Linville to conduct mediation in Baker & Hostetler LLP - 200 Civic Center Dr., Ste. 1200, Columbus, OH 43215. Mediation Hearing set for 11/12/2019 at 10:00 AM. (Linville, Ronald)
August 12, 2019 Opinion or Order NOTICE DESIGNATING MEDIATOR: Ronald G Linville assigned as mediator to this case. The mediator and parties shall confer and make arrangements for mediation within 14 days. (kk2)
July 31, 2019 Opinion or Order Filing 23 ORDER granting #22 Motion for Protective Order. Signed by Magistrate Judge Elizabeth Preston Deavers on July 31, 2019. (jlk)
July 30, 2019 Opinion or Order Filing 22 Joint MOTION for Protective Order by Defendant Ascent Resources - Utica, LLC. (Craig, Daniel)
July 29, 2019 Opinion or Order Filing 21 NOTICE: Please notify the Court at #ADR@ohsd.uscourts.gov within 10 days if this case should NOT proceed with September 2019 mediation. Deadline for notifying the Court is 8/8/2019. (kk2)
April 12, 2019 Opinion or Order Filing 20 AFFIRMATIVE DEFENSES AND ANSWER to #18 Amended Complaint filed by Ascent Resources - Utica, LLC. (Craig, Daniel)
April 12, 2019 Opinion or Order Filing 19 ANSWER to #18 Amended Complaint filed by Carrizo (Utica) LLC. (West, John)
April 1, 2019 Opinion or Order Filing 18 AMENDED COMPLAINT against Ascent Resources - Utica, LLC, Carrizo (Utica) LLC, filed by Cassandra McCune, Robert F. Timmerman, Bruce A. Levengood, Michael L DeMattio, Sound Energy Company, Inc., Charles A. Baker. (jlk)
April 1, 2019 Opinion or Order Filing 17 ORDER granting #16 Motion to Amend/Correct. Signed by Magistrate Judge Elizabeth Preston Deavers on April 1, 2019. (jlk)
March 29, 2019 Opinion or Order Filing 16 MOTION to Amend/Correct #2 Complaint, by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Attachments: #1 Exhibit First Amended Complaint) (Onest, Matthew)
March 15, 2019 Opinion or Order Filing 15 Corporate Disclosure Statement by Defendants Carrizo (Utica) LLC, Carrizo Oil & Gas, Inc. identifying Corporate Parent Carrizo Oil & Gas, Inc. for Carrizo (Utica) LLC.. (West, John)
March 15, 2019 Opinion or Order Filing 14 ANSWER to #2 Complaint, filed by Carrizo (Utica) LLC. (West, John)
March 12, 2019 Opinion or Order Filing 13 ORDER - The Court STRIKES Defendant Carrizo's initial disclosure and DIRECTS Defendant Carrizo to cease filing any initial disclosures until they are used in a proceeding or the Court orders otherwise. Signed by Magistrate Judge Elizabeth Preston Deavers on March 12, 2019. (jlk)
March 12, 2019 Opinion or Order Filing 12 STRICKEN PER ORDER #13 ***NOTICE by Defendant Carrizo (Utica) LLC Defendant Carrizo (Utica) LLC's Rule 26(a)(1)(A) Initial Disclosures (West, John) Modified on 3/12/2019 (jlk).
February 6, 2019 Opinion or Order Filing 11 PRELIMINARY PRETRIAL ORDER: The Court VACATES the Pretrial Conference scheduled for February 12, 2019 at 11:00 a.m. and ADOPTS the following schedule: This case is referred to the September, 2019 SETTLEMENT WEEK. Joinder of Parties due by 4/1/2019. Motions to Amend due by 4/1/2019. Rule 26(a)(1) Disclosures due by 2/18/2019. Primary Expert due by 9/1/2019. Rebuttal Expert due by 10/1/2019. Discovery due by 12/1/2019. Dispositive motions due by 2/1/2020. Settlement Demand due by 6/14/2019. Response to Settlement Demand due by 6/28/2019. Signed by Magistrate Judge Elizabeth Preston Deavers on February 6, 2019. (jlk)
January 30, 2019 Opinion or Order Filing 10 ORDER referring this case to Chief United States Magistrate Judge Elizabeth A. Preston Deavers for the conduct of all further proceedings. Signed by Judge George C. Smith on 1/30/19. (sh)
January 29, 2019 Opinion or Order Filing 9 RULE 26(f) REPORT by Plaintiffs Charles A. Baker, Michael L DeMattio, Bruce A. Levengood, Cassandra McCune, Sound Energy Company, Inc., Robert F. Timmerman. (Onest, Matthew)
January 15, 2019 Opinion or Order Filing 8 WAIVER OF SERVICE Returned Executed. Waiver sent to Carrizo (Utica) LLC on 1/14/2019, answer due 3/15/2019. (Onest, Matthew)
January 15, 2019 Opinion or Order Filing 7 Corporate Disclosure Statement by Plaintiff Sound Energy Company, Inc.. (Onest, Matthew)
January 15, 2019 Opinion or Order Filing 6 NOTICE of Appearance by John Kevin West for Defendant Carrizo (Utica) LLC (West, John)
January 7, 2019 Opinion or Order Filing 5 NOTICE of Hearing: Preliminary Pretrial Conference set for 2/12/2019 11:00 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln)
January 4, 2019 Opinion or Order Filing 4 NOTICE of Appearance by Daniel P. Craig for Defendant Ascent Resources - Utica, LLC (Craig, Daniel)
January 3, 2019 Opinion or Order Filing 3 ANSWER to #2 Complaint, and Affirmative Defenses filed by Ascent Resources - Utica, LLC. (Colosimo, Kevin)
December 26, 2018 Opinion or Order Filing 2 COMPLAINT with JURY DEMAND filed originally in Guernsey County CPC on 11/13/2018 by Cassandra McCune, Robert F. Timmerman, Bruce A. Levengood, Michael L DeMattio, Sound Energy Company, Inc. & Charles A. Baker against Ascent Resources - Utica, LLC and Carrizo (Utica) LLC. (Attachments: #1 Exhibit 1-3, #2 Exhibit 4-5, #3 Exhibit 6) (er)
December 21, 2018 Opinion or Order Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Guernsey County, Ohio, case number 18-OG-638 ( Filing fee $ 400 paid - receipt number: 0648-6728917), filed by Ascent Resources - Utica, LLC. (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit A) (Colosimo, Kevin)

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Search for this case: Sound Energy Company, Inc. et al v. Ascent Resources - Utica, LLC et al
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Plaintiff: Robert F. Timmerman
Represented By: Owen J Rarric
Represented By: Matthew W Onest
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Plaintiff: Charles A. Baker
Represented By: Owen J Rarric
Represented By: Matthew W Onest
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Plaintiff: Michael L. DeMatto
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Plaintiff: Cassandra McCune
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Plaintiff: Sound Energy Company, LLC
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Plaintiff: Bruce A. Levengood
Represented By: Owen J Rarric
Represented By: Matthew W Onest
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Plaintiff: Sound Energy Company, Inc.
Represented By: Owen J Rarric
Represented By: Matthew W Onest
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Plaintiff: Michael L DeMattio
Represented By: Owen J Rarric
Represented By: Matthew W Onest
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Defendant: Carrizo (Utica) LLC
Represented By: John C. Ferrell
Represented By: John Kevin West
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Defendant: Ascent Resources - Utica, LLC
Represented By: Kevin L Colosimo
Represented By: Daniel P. Craig
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Not classified by court: Ronald Linville
Represented By: Ronald Gordon Linville
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