May et al v. BHP Billiton Petroleum (Fayetteville) LLC

Filing 181

ORDER: The Court appreciates the timely exhibit copies. We'll go with thirty minute openings. BHP's renewed objections on damages issues are overruled for the reasons previously stated. The Court grants BHP a continuing objection on the dam ages issues so we don't have to keep covering this ground. The Court appreciates BHP's commitment not to argue that any damages award would result in a double recovery, 178 . With that promise, the Court agrees that no one should mention t he credit/equitable lien until the Court makes a final decision whether and, if so, how the jury should be informed. The Court appreciates the parties' new filings on evidentiary issues, 173 and 176 . Plaintiff's are entitled to offer ev idence about BHP's decision making - so the jury can decide if BHP was a reasonable and prudent operator of these leases. Plaintiff's must avoid the temptation to try a company wide case; they must stay within arms length of these three leases. The Court overrules BHP's objections about the 2012-2013 slow down, suspension, and stop in the Fayetteville Shale. Signed by Judge D. P. Marshall Jr. on 4/1/2016. (jak)