Dansbury et al v. EOG Resources, Inc.
| Arthur M Dansbury, Joan M Dansbury, Arthur B. Dansbury and Nancy L Dansbury |
| EOG Resources, Inc. |
| 3:2012cv00391 |
| March 1, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Bradford |
| Robert D. Mariani |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
61
ORDER upon consideration of Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint (Doc. 52), IT IS HEREBY ORDERED THAT such Motion is GRANTED IN PART AND DENIED IN PART, to wit: 1. The references to the original and First Revise d Unit Designations are STRICKEN from Count II; 2. Count VI is WITHDRAWN by request of the Plaintiffs; and 3. With the exception of the modifications ordered above, the Third Amended Complaint SHALL CONSTITUTE the operative and final Complaint in this action. No further amendments will be permitted without leave of court. Signed by Honorable Robert D. Mariani on 1/29/15. (jfg)
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Filing
45
ORDER 1. The Motion to Dismiss (Doc. 40) is GRANTED IN PART AND DENIED IN PART, as follows: a. The Slander of Title claim (Count II) is: i. DISMISSED WITH LEAVE TO AMEND as it refers to the letter of June 21,2011; and ii. ALLOWED TO PROCEED as it ref ers to Defendant's filing of the unit designations with the Recorder of Deeds. b. The Breach of Contract claim (Count III) is:I. DISMISSED WITHOUT LEAVE TO AMEND as it refers to: 1. Defendant's failure to make delay rental payments, and 2. Defendant's failure to submit a proper notice of consolidation; and II. ALLOWED TO PROCEED as it refers to: 1.Defendant's failure to test Plaintiffs' water supply, and 2. Defendant's breaches of the covenant of good faith and fair dealing and the doctrine of necessary implication. c. The Unjust Enrichment claim (Count V) is ALLOWED TO PROCEED. d. Any other aspect of Plaintiffs' Second Amended Complaint not specifically enumerated in this Order is ALLOWED TO PROCEED. 2. P laintiffs are GRANTED ADDITIONAL LEAVE TO AMEND to: a. Reallege the dismissed aspects of their Breach of Contract claim under a proper cause of action, and b. Add any additional claims that the Court's Memorandum Opinion makes necessary. 3. Plaintiff shall have FOURTEEN (14) DAYS from the date of this Order to submit a Third Amended Complaint.Signed by Honorable Robert D. Mariani on 6/13/14. (jfg)
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