Nolen Scott Ely, et al v. Cabot Oil & Gas Corporation and Gassearch Drilling Services Corproation
Plaintiff: Norma J. Fiorentino, Craig Saunter, Julia Saunter, Michael Ely, Andrea Ely, Ray Hubert, Victoria Hubert, Ronald Carter, Sr., Jean Carter, William T. Ely, Sheila A. Ely, Samantha Sebjan, Jimmy Lee Switzer, Victoria Switzer, Nolen Scott Ely, Monica Laura Marta-Ely, Jessica Ely, Justin Ely, Richard Seymour, Wendy Seymour, Todd Carter, Jeannette Carter, Patricia Farnelli, Erik B.J. Roos, Susan M. Roos, Frank Noble, Karen Noble, Raymond Kemble and Emmagene E. Samoyely
Defendant: Cabot Oil & Gas Corporation and Gas Search Drilling Services Corporation
Case Number: 3:2009cv02284
Filed: November 19, 2009
Court: US District Court for the Middle District of Pennsylvania
Office: Scranton Office
County: Susquehanna
Presiding Judge: Thomas I. Vanaskie
Nature of Suit: Torts to Land
Cause of Action: 28:1332 Diversity-Torts to Land
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 26, 2017 Opinion or Order Filing 809 MEMORANDUM ORDER - Accordingly, for the foregoing reasons, Cabots motion to release the supersedeas bond 803 is GRANTED. IT IS FURTHER ORDERED THAT the supersedeas bond filed on behalf of Cabot in the amount of $4,296,153, a copy of which was filed with the Court on May 4, 2016 (Doc. 778.) and approved by the Court on May 6, 2016 (Doc. 780.), is hereby RELEASED and is longer of effect. IT IS FUTHER ORDERED THAT the Liberty Mutual Insurance Company, the surety on the bond, shall have no further liability in this matter and is discharged from any and all liability on the bond. Signed by Magistrate Judge Martin C. Carlson on April 26, 2017. (kjn)
March 31, 2017 Opinion or Order Filing 800 ORDER - 1. Cabots motion for judgment as a matter of law pursuant to Fed. R. Civ. P. 50(b) is DENIED; 2. Cabots motion for a new trial pursuant to Fed. R. Civ. P. 59 is GRANTED; 3. The parties shall be required to engage in further settlement proceed ings prior to a new trial; 4. If settlement proceedings are unsuccessful at resolving the plaintiffs remaining claims, a new jury trial shall be set; and 5. A further pretrial scheduling Order shall issue separately. Signed by Magistrate Judge Martin C. Carlson on March 31, 2017. (kjn)
February 29, 2016 Opinion or Order Filing 721 MEMORANDUM ORDER re: 688 request by the Plaintiffs to exclude some findings and test results reported by a defense expert witness, Dr. Tarek Saba. The Plaintiffs request to exclude this evidence is DISMISSED as moot. Signed by Magistrate Judge Martin C. Carlson on February 29, 2016. (kjn)
February 24, 2016 Opinion or Order Filing 712 MEMORANDUM AND ORDER denying 688 Notice re: Reconsideration filed by Monica Laura Marta-Ely, Ray Hubert, Leslie Lewis, Carly Jannetty, Victoria Hubert, Nolen Scott Ely. Signed by Magistrate Judge Martin C. Carlson on February 24, 2016. (kjn)
February 12, 2016 Opinion or Order Filing 685 MEMORANDUM and ORDER granting 678 MOTION to Exclude Defendant Cabot Oil & Gas Corporation's Objections to Plaintiffs' Trial Exhibits and Brief in Support of Excluding Undisclosed Exhibits filed by Cabot Oil & Gas Corporation . On or before February 15, 2016, the plaintiffs shall tender an exhibit list which complies with this Order to the defendant and the Court.The Court shall convene a telephonic status conference with counsel on February 16, 2016 at 10:30 a.m. to discuss the course of this trial in light of this ruling. Signed by Magistrate Judge Martin C. Carlson on February 12, 2016. (kjn)
February 5, 2016 Opinion or Order Filing 672 ORDER - AND NOW, this 5th day of February 2016, in accordance with theaccompanying memorandum opinion, the defendants motion in limine, isGRANTED, in part, and DENIED, in part. (Doc. 633 .) The plaintiffs motion inlimine (Doc. 638 .) is DENIED. The parties shall follow the courts directions as set forth in the accompanying memorandum of law when presenting proof at trial. Signed by Magistrate Judge Martin C. Carlson on February 5, 2016. (kjn)
October 26, 2015 Opinion or Order Filing 630 MEMORANDUM ORDER granting in part 616 MOTION to Compel Discovery filed by Monica Laura Marta-Ely, Ray Hubert, Victoria Hubert, Nolen Scott Ely. Signed by Magistrate Judge Martin C. Carlson on October 26, 2015. (kjn)
October 21, 2015 Opinion or Order Filing 629 MEMORANDUM ORDER re: 614 MOTION to Clarify Regarding Plaintiffs' Damages filed by Cabot Oil & Gas Corporation. Signed by Magistrate Judge Martin C. Carlson on October 21, 2015. (kjn)
May 8, 2015 Opinion or Order Filing 594 MEMORANDUM ORDER /CASE MANAGEMENT TRACK - Jury Selection and Jury Trial are set for 11/30/2015 at 9:30 AM in Scranton before Magistrate Judge Martin C. Carlson. Pretrial Memos due by 9/7/2015. A Pretrial Conference set for 10/5/2015 at 10:00 AM in Scranton before Magistrate Judge Martin C. Carlson. SEE ORDER FOR COMPLETE DETAILS. Signed by Magistrate Judge Martin C. Carlson on May 8, 2015. (kjn)
May 1, 2015 Opinion or Order Filing 591 MEMORANDUM OPINION AND ORDER denying Pltf's 579 MOTION To Certify.Signed by Magistrate Judge Martin C. Carlson on May 1, 2015. (kjn)
January 12, 2015 Opinion or Order Filing 567 ORDER ADOPTING adopting 510 Report and Recommendations by granting in part and denying in part 390 Motion for Summary Judgment to the following extent: Defendants Motion for Summary Judgment on Ely Familys claims (Doc. 390) is GRANTED as follo ws: a. Summary judgment is granted in favor of Defendant Gas Search Drilling Services (GDS) on all claims and the Clerk shallTERMINATE GDS as a Defendant to this action. b. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Familys claim for breach of contract, as well as any claim for lost royalties. c. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Familys claim for fraudulent inducement. d. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Familys claim for negligence per se. e. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Fam ilys claim for medical monitoring and alleged violations of a variety of Pennsylvania environmental law. f. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Ely Familys claim for personal injuries. g. Summary judgment is granted in favor of Defendant Cabot Oil & Gas Corporation with regards to the Minor Elys claims of negligence. 3. Summary judgment is DENIED with respect to the Ely Familys private nuisance claim and Nolen and Monica Elys negligence claim. Signed by Honorable John E. Jones, III on 1/12/15. (pw)
March 27, 2014 Opinion or Order Filing 496 MEMORANDUM and ORDER - Accordingly, for the foregoing reasons IT IS HEREBY ORDERED THAT the Defendants motion to strike the Plaintiffs experts affidavits and supplemental reports (Doc. 434) is DENIED. IT IS FURTHER ORDERED THAT on or before April 24, 2014, the parties shall jointly submit a proposed schedule that affords the Defendants a reasonable opportunity to engage in additional expert discovery that may be warranted in lightof the information contained in the affidavits and supplemental re ports, and to file any additional motions that the Defendants may believe are necessary.IT IS FURTHER ORDERED THAT on or before April 24, 2014, the Plaintiffs shall advise the Court and the Defendants, in writing, whether the final valuationreport from Robert Congdon, Jr., has been completed and provided to the Defendants. Signed by Magistrate Judge Martin C. Carlson on March 27, 2014. (kjn)
August 1, 2013 Opinion or Order Filing 460 MEMORANDUM AND ORDER: 1. On or before Monday, August 26, 2013, the pro se plaintiffs and Attorneys Lewis and Jannetty shall file separate responses to the motion and the charges made in the motion about alleged ghostwriting byAttorneys Lewis and Jann etty, and the pro se plaintiffs allegedmisstatements to the court about their lack of representation in this case.2. The pro se plaintiffs and Attorneys Lewis and Jannetty are ORDEREDto preserve any and all electronic or hard-copy documents related t o anyassistance that either attorney may have provided to the plaintiffs as itrelates to this matter.3. A decision about whether to hold a hearing on the motion will be madefollowing review of the submissions from the pro se plaintiffs andAttorneys Lewis and Jannetty. Signed by Magistrate Judge Martin C. Carlson on 08/01/13. (ma)
July 22, 2013 Opinion or Order Filing 456 MEMORANDUM ORDER - IT IS HEREBY ORDERED THAT: 1. On or before Monday, August 5, 2013, the pro se plaintiffs and Attorneys Leslie and Jannetty shall file separate responses to the motion and the charges made in the motion about alleged ghostwriting b y Attorneys Leslie and Jannetty, and the pro se plaintiffs alleged misstatements to the Court about their lack of representation in this case. 2. The pro se plaintiffs and Attorneys Lewis and Jannetty are ORDERED to preserve any and all electronic or hard-copy documents related to any assistance that either attorney may have provided to the plaintiffs as it relates to this matter. 3. A decision about whether to hold a hearing on the motion will be made following review of the submissions from the pro se plaintiffs and Attorneys Lewis and Jannetty. Signed by Magistrate Judge Martin C. Carlson on July 22, 2013. (kjn)
April 8, 2013 Opinion or Order Filing 405 MEMORANDUM ORDER - IT IS ORDERED as follows: 1. If Todd and Jeannette Carter have died, counsel for these parties shall file a suggestion of death, and shall serve the suggestion of death, and a copy of this order, on the representative of the Cart ers estate, to the extent counsel has access to this information, on or before Monday, April 22, 2013. 2. A motion for substitution then must be filed, proposing to substitute a new representative party for the decedents on or before Monday, July 1, 2013. If no such motion is filed, this action may be dismissed pursuant to Rule 25. Signed by Magistrate Judge Martin C. Carlson on April 8, 2013. (kjn)
March 21, 2012 Opinion or Order Filing 281 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED THAT Mrs. Maye's re 262 MOTION for Protective Order and/or to Quash Subpoena is GRANTED without prejudice to Plaintiffs to reissue and properly serve said subpoena ad testificandum pursuant to applicable Federal and Local Rules as well as the Court's Scheduling Order currectly in effect, and under the conditions described in the foregoing Memorandum and Order. Signed by Jennifer Clark, Special Master on 3/20/2012. (cw, )
November 1, 2011 Opinion or Order Filing 206 MEMORANDUM AND ORDER re 124 MOTION for Protective Order filed by Todd Carter, Wendy Seymour, Julia Saunter, Frank Noble, Justin Newell, Raymond Kemble, Jimmy Lee Switzer, Susan M. Roos, Patricia Farnelli, Sheila A. Ely, Erik B.J. Roos, Nolen Scott Ely, Andrea Ely, Emmagene E. Samoyely, Jessica Ely, Justin Ely, Victoria Hubert, Jean Carter, Jennifer Newell, Craig Saunter, Victoria Switzer, Norma J. Fiorentino, Ray Hubert, Samantha Sebjan, Michael Ely, Jeannette Carter, Kenneth R. Ely, Deborah E ly, Richard Seymour, Greggory Newell, Colleen Newell, Monica Laura Marta-Ely, William T. Ely, Ronald Carter, Sr., Karen Noble. AND NOW, this 31st day of October, 2011, for the reasons in the foregoing Memoradum, Plaintiffs' Motion for a Protect ive Order is hereby DENIED. Plaintiffs must promply provide Defendants wit HIPAA-complaint medical authorizations and provid to Defendants all responsive documents and informtion sough regarding their medical conditions, histories and providers as r equested. As a result, case scheduling deadlines will be extended to the following: 1. Fact discovery on these issues only is extended through and including January 16, 2012; 2. Plaintiffs' expert reports are due February 13, 2012; 3. Defendants' expert reports are due March 12, 2012; 4. Expert supplements due March 26, 2012; and 5. Dispositive Motions are due on or before April 9, 2012.Signed by Speical Master, Jennifer Walsh Clark on 10/31/2011. (cw, )
October 17, 2011 Opinion or Order Filing 192 MEMORANDUM AND ORDER re 189 MOTION for Protective Order filed by Gas Search Drilling Services Corporation, Cabot Oil & Gas Corporation, is DENIED; 174 MOTION to Quash filed by Suzanne Johnson, Michael Johnson is GRANTED IN PART AND DENIED IN PART (SEE ORDER FOR COMPLETE DETIALS).Signed by Jennifer Walsh Clark, Speical Master on 10/14/2011. (cw, )
November 15, 2010 Opinion or Order Filing 61 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED: 1. Defendants Motion to Strike (Doc. 26) is DENIED; 2. Defendants Motion to Dismiss (Doc. 28) is GRANTED IN PART and DENIED IN PART to the following extent: a. Count Eight of the Second Amended Complaint (Doc. 25) for gross negligence is DISMISSED as a separate cause of action; b. Defendants Motion to Dismiss is denied in all other respects.Signed by Honorable John E. Jones, III on 11/15/10. (pw, )
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Search for this case: Nolen Scott Ely, et al v. Cabot Oil & Gas Corporation and Gassearch Drilling Services Corproation
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Plaintiff: Norma J. Fiorentino
Represented By: Paul M. Schmidt
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Plaintiff: Craig Saunter
Represented By: Paul M. Schmidt
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Plaintiff: Julia Saunter
Represented By: Paul M. Schmidt
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Plaintiff: Michael Ely
Represented By: Paul M. Schmidt
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Plaintiff: Andrea Ely
Represented By: Paul M. Schmidt
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Plaintiff: Ray Hubert
Represented By: Paul M. Schmidt
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Plaintiff: Victoria Hubert
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Plaintiff: Ronald Carter, Sr.
Represented By: Paul M. Schmidt
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Plaintiff: Jean Carter
Represented By: Paul M. Schmidt
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Plaintiff: William T. Ely
Represented By: Paul M. Schmidt
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Plaintiff: Sheila A. Ely
Represented By: Paul M. Schmidt
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Plaintiff: Samantha Sebjan
Represented By: Paul M. Schmidt
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Plaintiff: Jimmy Lee Switzer
Represented By: Paul M. Schmidt
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Plaintiff: Victoria Switzer
Represented By: Paul M. Schmidt
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Plaintiff: Nolen Scott Ely
Represented By: Paul M. Schmidt
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Plaintiff: Monica Laura Marta-Ely
Represented By: Paul M. Schmidt
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Plaintiff: Jessica Ely
Represented By: Paul M. Schmidt
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Plaintiff: Justin Ely
Represented By: Paul M. Schmidt
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Plaintiff: Richard Seymour
Represented By: Paul M. Schmidt
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Plaintiff: Wendy Seymour
Represented By: Paul M. Schmidt
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Plaintiff: Todd Carter
Represented By: Paul M. Schmidt
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Plaintiff: Jeannette Carter
Represented By: Paul M. Schmidt
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Plaintiff: Patricia Farnelli
Represented By: Paul M. Schmidt
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Plaintiff: Erik B.J. Roos
Represented By: Paul M. Schmidt
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Plaintiff: Susan M. Roos
Represented By: Paul M. Schmidt
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Plaintiff: Frank Noble
Represented By: Paul M. Schmidt
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Plaintiff: Karen Noble
Represented By: Paul M. Schmidt
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Plaintiff: Raymond Kemble
Represented By: Paul M. Schmidt
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Plaintiff: Emmagene E. Samoyely
Represented By: Paul M. Schmidt
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Defendant: Cabot Oil & Gas Corporation
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Defendant: Gas Search Drilling Services Corporation
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