WALNEY v. SWEPI LP et al
Plaintiff: THOMAS J. WALNEY
Defendant: SWEPI LP and SHELL ENERGY HOLDING GP, LLC
Case Number: 1:2013cv00102
Filed: April 12, 2013
Court: US District Court for the Western District of Pennsylvania
Office: Erie Office
County: Venango
Presiding Judge: Sean J. McLaughlin
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Breach of Contract
Jury Demanded By: Both

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Date Filed Document Text
November 29, 2023 Opinion or Order Filing 392 MEMORANDUM ORDER; NOW, this 29th day of November, 2023, upon consideration of the parties' arguments set forth in their respective filings as well as the arguments proffered during the motion hearing held on November 27, 2023, IT IS ORDERED as f ollows: 1. Defendants' motion to substitute Shell Legacy Holdings LLC as the successor-in-interest to Defendant SWEPI LP, ECF No. 346 , is hereby GRANTED inasmuch as SWEPI LP is now legally defunct and substitution is warranted pursuant to Fed eral Rule of Civil Procedure 25(c). The Clerk is directed to amend the docket accordingly, so as to substitute the name of "Shell Legacy Holdings LLC as successor-in-interest to SWEPI LP" in the above-captioned matters for SWEPI LP. 2. Pl aintiffs' motion for joinder of additional corporate entities, ECF No. 352 , is hereby DISMISSED as moot in light of Plaintiffs' notice of withdrawal of said motion, ECF No. 390 . The Court's DISMISSAL of the motion for joinder is without prejudice to Plaintiffs' right to refile same, pending resolution of Plaintiffs' fraudulent conveyance and related claims in the case of Seltz, et al. v. SWEPI LP, No. 1:23-cv-243. 3. Plaintiffs' Motion to Compel the De-Designation of the Confidentiality of Certain Documents and for Sanctions, ECF No. 360 , is DENIED. Further details are contained within the filed document. 4.Plaintiffs' Motion for Penal Sanctions, ECF No. 374 , is DISMISSED without preju dice to Plaintiffs' right to reassert said motion, pending resolution of the claims asserted in the case of Seltz, et al. v. SWEPI LP, No. 1:23-cv-243. 5. Rule 56 motions for summary judgment in this matter shall be due on or before M ay 10, 2024. Responses in opposition to Rule 56 motions shall be due on or before June 28, 2024. Any replies by the movant(s) shall be due on or before July 12, 2024. All Rule 56 filings shall comply with Federal Rule of Civil Procedure 56, Local Civil Rule 56, and the practices and procedures of this Court, found at https://www.pawd.uscourts.gov/sites/pawd/files/Baxter_PP_2019.pdf. Signed by Judge Susan Paradise Baxter on 11/29/2023. (snc)
July 7, 2023 Opinion or Order Filing 372 MEMORANDUM ORDER; IT IS ORDERED this 7th day of July, 2023, that Defendants' "Motion to Sequester Opposing Counsel's Deposition Recordings," filed at ECF No. 333 , is GRANTED to the extent that Attorney Joseph E. Altomare is here by directed to refrain from : (i) publishing any unnoticed video recordings he may have made of the Plaintiffs' depositions in this case, (ii) utilizing any such video recordings in future court filings, and/or (iii) otherwise offering any such video recordings as evidence in this case. The motion is further GRANTED insofar as Mr. Altomare is directed to preserve the challenged recordings and to avoid viewing or making any use whatsoever of those portions that involve "off the record&q uot; proceedings. Further, Mr. Altomare shall henceforth serve appropriate notice under Rule30(b)(2) to the extent he desires to record any future depositions in this civil action. IT IS FURTHER ORDERED that, in all other respects, Defendants' motion at ECF No. 333 is denied. Signed by Judge Susan Paradise Baxter on 7/7/2023. (snc)
March 31, 2022 Opinion or Order Filing 320 MEMORANDUM OPINION re 299 MOTION for Discovery to Resolve Discovery Dispute Related to Plaintiffs' Discovery Responses filed by SHELL ENERGY HOLDING GP, LLC, SWEPI LP, 304 MOTION for Summary Judgment (Partial) filed by THOMAS J. WALNEY, RODNEY A. BEDOW, SR, 302 MOTION for Summary Judgment Pursuant to Court's July 6, 2021 Case Management Order filed by SHELL ENERGY HOLDING GP, LLC, SWEPI LP. Signed by Judge Susan Paradise Baxter on 3/31/22. (esa)
March 27, 2020 Opinion or Order Filing 286 MEMORANDUM ORDER: AND NOW, this 27th day of March, 2020; IT IS HEREBY ORDERED that the Defendants' motion for sanctions, as set forth in its Motion for Approval of Class Decertification Notice and for Certain Other Relief, ECF No. 259 , is D ENIED. IT IS FURTHER ORDERED that the Plaintiffs' Motion for Sanctions, ECF No. 262 , is DENIED. IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Lanzillo, issued on February 11, 2020, ECF No. 285 , is adopted as the opinion of the Court. Signed by Judge Susan Paradise Baxter on 03/27/2020. (esa)
March 31, 2019 Opinion or Order Filing 250 ORDER: AND NOW, this 31st Day of March, 2019, for the reasons set forth in the accompanying Memorandum Opinion, IT IS ORDERED that Defendants' Motion to Decertify the Class (ECF No. 196 ) shall be, and hereby is, GRANTED. IT IS FURTHER ORDERE D that Plaintiffs' Third Motion to Amend Class Definition (ECF No. 183 ) is DENIED as moot and Plaintiffs' Fourth Motion to Amend Class Definition (ECF No. 211 ) is DENIED on the merits. IT IS FURTHER ORDERED that Plaintiffs' Second Motion for Summary Judgment (ECF No. 213 ) shall be, and hereby is, DENIED without prejudice to be reasserted at a later time by any individual lessor herein, as additional proceedings may warrant. IT IS FURTHER ORDERED that Defendants' Motion to Strike Plaintiffs' Late-Filed Concise Statement of Facts and Appendix re Second Motion for Summary Judgment (ECF No. 240 ) is DENIED as moot. Finally, IT IS ORDERED that the parties shall file a joint proposal, within fourteen (14) days, s etting forth how they wish to proceed with any additional matters relating to this litigation, including any proposed form of notice to former class members that may be required consistent with Federal Rule of Civil Procedure 23. The undersigned wil l conduct a telephonic status conference on April 18, 2019 at 2:00 p.m. for the purpose of discussing the parties' joint proposal. Counsel for Plaintiffs is requested to arrange for all parties to participate by conference call at the above date and time. Signed by Judge Susan Paradise Baxter on 03/31/2019. (kas) Modified text on 4/1/2019. (cw)
August 27, 2018 Opinion or Order Filing 218 ORDER DENYING 179 Motion for Reconsideration filed by defendants SHELL ENERGY HOLDING GP, LLC and SWEPI LP, as set forth more fully in the accompanying memorandum opinion. Signed by Chief Judge Joy Flowers Conti on 08/27/2018. (kas)
April 20, 2018 Opinion or Order Filing 178 ORDER GRANTING in part and DENYING in part 140 MOTION for Summary Judgment filed by THOMAS J. WALNEY, RODNEY A. BEDOW, SR. and DENYING 156 MOTION for Summary Judgment on the Class Claims filed by SHELL ENERGY HOLDING GP, LLC, and SWEPI LP, as set forth more fully in the accompanying memorandum opinion. Signed by Chief Judge Joy Flowers Conti on 04/20/2018. (kas)
January 23, 2017 Opinion or Order Filing 133 ORDER GRANTING 117 plaintiffs' Second Motion to Amend Class Definition; GRANTING 114 the parties' Joint Motion (Contested) for Approval of Plan of Class Action Notice, and directing that the parties incorporate modifications to the class notice forms and class notice order as set forth in the accompanying Opinion; DENYING AS MOOT 127 plaintiffs' Motion to Expedite Entry of Orders. Signed by Chief Judge Joy Flowers Conti on 01/23/2017. (kas)
May 13, 2016 Opinion or Order Filing 111 MEMORANDUM OPINION re 93 MOTION to Amend/Correct 90 Order on Motion to Certify Class,, >Motion to Amend Class Definition filed by THOMAS J. WALNEY, RODNEY A. BEDOW, SR. As set forth more fully within, Plaintiff's Motion 93 is DENIED. Signed by Chief Judge Joy Flowers Conti on 5/13/2106. (cal)
September 14, 2015 Opinion or Order Filing 89 OPINION re 62 MOTION to Certify Class filed by THOMAS J. WALNEY, RODNEY A. BEDOW, SR. Plaintiffs' motion for class certification will be granted with respect to the breach of contract claims at Counts I and I(A) of the second amended complaint. The motion will be denied in all other respects. An appropriate order will be entered. Signed by Chief Judge Joy Flowers Conti on 9/14/2015. (bgm)
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Plaintiff: THOMAS J. WALNEY
Represented By: Joseph E. Altomare
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Defendant: SWEPI LP
Represented By: Daniel M. McClure
Represented By: Jeremy A. Mercer
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Defendant: SHELL ENERGY HOLDING GP, LLC
Represented By: Daniel M. McClure
Represented By: Jeremy A. Mercer
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