EQT PRODUCTION COMPANY et al v. THISTLE et al
| EQT PRODUCTION COMPANY and RICE DRILLING B LLC |
| HAROLD W THISTLE, JR and GAY E THISTLE |
| 2:2024cv00112 |
| January 29, 2024 |
| US District Court for the Western District of Pennsylvania |
| Kezia OL Taylor |
| Other Statutes: Arbitration |
| 28 U.S.C. ยง 1332 Diversity-Other |
| None |
Docket Report
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Filing 11
ORDER GRANTING the #10 Notice of Voluntary Notice of Dismissal. IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this case CLOSED. Signed by Magistrate Judge Kezia O.L. Taylor on 03/22/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 10 NOTICE of Voluntary Dismissal by EQT PRODUCTION COMPANY, RICE DRILLING B LLC (Werner, Justin) |
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Filing 9
ORDER that the parties must meet and confer at least 5 business days prior to the filing of a motion pursuant to Federal Rule of Civil Procedure 12(b) to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made good faith efforts to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. The certificate should include when and how the meet and confer took place. The Court will strike any motion to dismiss that does not contain the required certification. IT IS FURTHER ORDERED that: (1) as soon as is practicable, Plaintiff(s) promptly shall serve a copy of this Order upon Defendant(s); (2) all counsel and unrepresented parties must read, know and understand the Local Rules of this Court (see web page at: https://www.pawd.uscourts.gov/sites/pawd/files/lrmanual20181101.pdf); and (3) all counsel and unrepresented parties must familiarize themselves with the undersigned's Practices and Procedures (see https://www.pawd.uscourts.gov/sites/pawd/files/Taylor_Practices_Procedures.pdf) and they will be held responsible for complying with the same. Signed by Magistrate Judge Kezia O.L. Taylor on 02/14/2024. (jmb)
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Filing 8
ORDER denying without prejudice unopposed MOTION for Leave to Partially Redact and Seal Their Motion to Compel Arbitration and Appoint Arbitration by Plaintiffs EQT PRODUCTION COMPANY, RICE DRILLING B LLC. According to the United States Court of Appeals for the Third Circuit, "[w]e apply three distinct standards when considering various challenges to the confidentiality of documents. In re Avandia, 924 F.3d 662, 670 (3d Cir. 2019). Plaintiffs do not identify the standard to be applied in this instance, they do not identify their burden of proof as the party seeking to seal a document, and finally, they do not meet the burden of proof of even the most lenient standard. To overcome the "strong presumption of public access" to judicial records, the moving party must articulate a "clearly defined and serious injury," and "specificity is essential." In re Cendant Corp., 260 F.3d 183, 194, 196 (3d Cir. 2001). As such, the Court finds that Plaintiffs have not satisfied the requirement under In re Avandia in order to seal confidential information. IT IS HEREBY ORDERED that Plaintiff's 119 Motion is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge Kezia O.L. Taylor on 02/09/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmb)
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| Filing 7 Disclosure Statement identifying EQT Corporation as corporate parent or other affiliate by RICE DRILLING B LLC. (Liben, Lucas) |
| Filing 6 Disclosure Statement identifying EQT Corporation as corporate parent or other affiliate by EQT PRODUCTION COMPANY. (Liben, Lucas) |
| Filing 5 AFFIDAVIT of Service for Motion to Compel Arbitration & Appoint Arbitrator with Brief in Support; Motion for Leave to Partially Redact & Seal Motion to Compel with Brief in Support served on Gay E. Thistle on January 30, 2024, filed by EQT PRODUCTION COMPANY, RICE DRILLING B LLC. (Liben, Lucas) |
| Filing 4 AFFIDAVIT of Service for Motion to Compel Arbitration & Appoint Arbitrator with Brief in Support; Motion for Leave to Partially Redact & Seal Motion to Compel with Brief in Support served on Harold W. Thistle, Jr. on January 30, 2024, filed by EQT PRODUCTION COMPANY, RICE DRILLING B LLC. (Liben, Lucas) |
| Filing 3 BRIEF in Support of #2 Complaint, filed by EQT PRODUCTION COMPANY, RICE DRILLING B LLC. (sdp) |
| Filing 2 COMPLAINT(in the form of a Petition to Compel Arbitration and Appoint Arbitrator) against GAY E THISTLE, HAROLD W THISTLE, JR (Filing fee, including Administrative fee, $405, receipt number APAWDC-8088670), filed by EQT PRODUCTION COMPANY, RICE DRILLING B LLC. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Civil Cover Sheet) (sdp) Modified text on 1/30/2024. (sdp) |
| Magistrate Judge Kezia O.L. Taylor added. (sdp) |
| Filing 1 MOTION for Leave to File Documents Under Seal Motion for Leave to Partially Redact and Seal Their Motion to Compel Arbitration and Appoint Arbitrator by EQT PRODUCTION COMPANY, RICE DRILLING B LLC. (Attachments: #1 Proposed Order) (Liben, Lucas) |
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