Crain et al v. Chesapeake Appalachia, L.L.C. et al
| Keith L. Crain and Karen J. Crain |
| Chesapeake Appalachia, L.L.C., Chesapeake Operating, Inc. and Chesapeake Energy Corporation |
| 3:2012cv02343 |
| November 23, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Bradford |
| Robert D. Mariani |
| Contract: Other |
| 28 U.S.C. ยง 2201 Declaratory Judgement |
| None |
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Filing
26
MEMORANDUM AND ORDER - BASED ON THE FOREGOING MEMORANDUM, IT IS ORDERED THAT: 1. Defendants Chesapeake Operating, Inc., and Chesapeake Energy Corp.s Motionto Dismiss (Doc. 10) Plaintiffs Complaint is DENIED. 2. Defendant Chesapeake Appalachias Motion to Dismiss (Doc. 7) Plaintiffs Complaint is GRANTED with respect to Plaintiffs claim for specific performance, Count III, and this claim is DISMISSED WITH PREJUDICE as against all three Defendants. 3. Defendan t Chesapeake Appalachias Motion to Dismiss (Doc. 7) Plaintiffs Complaint is DENIED as to Count IV, Plaintiffs claim for misrepresentation. 4. Defendant Chesapeake Appalachias Motion to Dismiss (Doc. 7) Plaintiffs Complaint is GRANTED as to Count V, Plaintiffs claim for slander of title, and this claim isDISMISSED WITH PREJUDICE as against all three Defendants. 5. Defendant Chesapeake Appalachias Motion to Dismiss (Doc. 7) Plaintiffs Complaint is GRANTED as to Count VI , Plaintiffs breach of an implied duty of good faithand fair dealing claim, and this claim is DISMISSED WITHOUT PREJUDICE to allowPlaintiffs to file an Amended Complaint to assert a breach of contract claim. 6. Defendant Chesapeake A ppalachias Motion to Dismiss (Doc. 7) Plaintiffs Complaint is DENIED as to Plaintiffs claims for punitive damages. 7. Plaintiffs are granted leave to file a complete Amended Complaint to assert a breach of contract claim. Plaint iffs are directed to adhere to the above findings of the Court if they file an Amended Complaint, including the elimination of their claim for specific performance and their claim for slander of title. Plaintiffs are directed to file and serve on Def endants their Amended Complaint within ten (10) days of the date of this Order. Failure of Plaintiffs to file their Amended Complaint within the specified time will result in Plaintiffs proceeding on their original Complaint (Doc. 1) with respect to all Counts except for Counts III, V and VI. 8. The stay of discovery imposed by the Court is hereby LIFTED. Signed by Magistrate Judge Thomas M. Blewitt on 8/14/13. (ms)
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