Parkison v. Halliburton Energy Services Inc et al

Filing 139

ORDER pursuant to the telephone hearing today, the Court amends and clarifies its ruling on the Chesapeake post-accident investigation and materials as outlined in this Order. Parkinson's claims against Chesapeake Midstream Operating LLC, Che sapeake Midstream Gas Services LLC, Chesapeake Exploration LLC, Chesapeake Energy Marketing Inc., and the John Doe defendants are dismissed without prejudice. Chesapeake Energy Corporation and its two wholly owned subsidiaries, Chesapeake Operating Inc. and Great Plains Oilfield Rental LLC,remain as defendants. Signed by Judge D. P. Marshall Jr. on 3/14/2014. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION

CLINTON PARKISON
v.

PLAINTIFF
No. 4:11-cv-265-DPM

CHESAPEAKE ENERGY CORP.;
CHESAPEAKE OPERATING INC.;
CHESAPEAKE MIDSTREAM OPERATING
LLC; CHESAPEAKE MIDSTREAM GAS
SERVICES LLC; CHESAPEAKE EXPLORATION
LLC; CHESAPEAKE ENERGY MARKETING INC.;
GREAT PLAINS OILFIELD RENTAL LLC; and JOHN
DOE, 1-10
EAGLE PRECISION PRODUCTS, Employer and
ARGONAUT INSURANCE CO., Carrier

DEFENDANTS

INTERVENORS

ORDER

1. For the reasons stated on the record at today' s telephone hearing, the
Court amends and clarifies its ruling on the Chesapeake post-accident
investigation and materials as follows:
•

Chesapeake's safety alert and post-accident investigation were
subsequent remedial measures made inadmissible by FED. R.
EVID. 407;

•

Redacted versions of all but one of the various Chesapeake
documents, which will show only embedded facts about
Parkison's accident, are admissible nonetheless; and

•

The Dickson email/report entry about the 22 other tanks with a
missing pin found post-accident remains excluded for now. No
witness-fact or expert-should mention the document or this
fact. If Chesapeake controverts control or inspection ability, or if
an impeachment issue arises, then the Court will revisit the
relevance and 403 balance issues on this document.

2. The Court applauds and approves the parties' stipulation about
needed parties and duty. Parkison's claims against Chesapeake Midstream
Operating LLC, Chesapeake Midstream Gas Services LLC, Chesapeake
Exploration LLC, and Chesapeake Energy Marketing Inc., are dismissed
without prejudice. The deadline to amend pleadings has passed; the Court
therefore dismisses without prejudice the claims against the John Doe
defendants too. Chesapeake Energy Corporation and its two wholly owned
subsidiaries, Chesapeake Operating Inc. and Great Plains Oilfield Rental LLC,
remain as defendants. The parties have further stipulated that any duty owed
to Parkison by any involved Chesapeake subsidiary is ultimately a duty owed
by Chesapeake Energy Corporation. At trial, therefore, Chesapeake Energy
Corporation and its subsidiaries will be referred to collectively as
"Chesapeake."

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So Ordered.

(/

D.P. Marshall Jr.
United States District Judge

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