ROCKIES EXPRESS PIPELINE LLC v. 123.62 ACRES et al

Filing 894

ORDER denying 866 Motion to Certify Order as a Final Judgment. Signed by Judge Richard L. Young on 8/24/2011. (PG)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION

ROCKIES EXPRESS PIPELINE, LLC,
Plaintiff,
vs.
123.62 ACRES, et al.,
Defendants.

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1:08-cv-0751-RLY-TAB

ORDER ON DEFENDANTS ARVIN M. AND MARY L. HOPKINS’ MOTION
TO CERTIFY ORDER AS A FINAL JUDGMENT OR, ALTERNATIVELY,
TO EXTEND THE TIME TO FILE NOTICE OF APPEAL
Defendants, Arvin M. and Mary L. Hopkins (the “Hopkins”), move to certify the
court’s May 11, 2011 Condemnation Order as a final, appealable judgment pursuant to
Federal Rule of Civil Procedure 54(b). Alternatively, the Hopkins move the court to
extend the time within which they have to appeal the court’s May 11, 2011
Condemnation Order for thirty (30) days pursuant to Federal Rule of Appellate Procedure
4(a)(5).
There are three tracts of land remaining in this litigation; those owned by
Defendant J.W. Jones Materials, LLC (“J.W. Jones”), Defendant Donald Bates (“Bates”),
and Defendant Sandra Ritz1 (“Ritz”). The court finds that there may be issues of law and
fact between the Commission proceedings involving the tract owned by the Hopkins and

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The docket reflects that Ritz settled her claim on July 8, 2011; however, she has not
filed a Stipulation of Dismissal with the court as of this date. (See Docket ## 873, 892).
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those involving the tracts owned by J.W. Jones, Bates, and Ritz, particularly with regard
to the formula utilized to determine the just compensation to be paid by Rockies Express
Pipeline, LLC, to the landowners as a result of the condemnation of the Right-Of-Way
Servitudes across their respective tracts of land. Accordingly, the court DENIES the
Hopkins’ motion to certify the court’s May 11, 2011 Condemnation Order as a final,
appealable judgment, and their alternative motion to extend the time within which they
have to appeal the court’s May 11, 2011 Condemnation Order (Docket # 866) is
DENIED as MOOT.

SO ORDERED this 24th day of August 2011.

__________________________________

RICHARD L. YOUNG, CHIEF JUDGE
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
United States District Court
Southern District of Indiana
Southern District of Indiana

Electronic Copies to:
Patrick C. Badell
BADELL & WILSON
[e-mail]
Bruce D. Brattain
BRATTAIN & MINNIX
[e-mail]
Abigail B. Cella
ICE MILLER LLP
[e-mail]

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Ronald Grant DeWaard
VARNUM RIDDERING SCHMIDT & HOWLETT
[e-mail]
Mario Garcia
BRATTAIN & MINNIX
[e-mail]
Joseph M. Hendel
HACKMAN HULETT & CRACRAFT LLP
[e-mail]
Andrea L. Hermer
BENESCH, FRIEDLANDER, COPLAN & ARONOFF LLP
[e-mail]
Robert Srader Hulett
HACKMAN HULETT & CRACRAFT LLP
[e-mail]
Philip B. McKiernan
HACKMAN HULETT & CRACRAFT, LLP
[e-mail]
H. Wayne Phears
McGuireWoods LLP
[e-mail]
Anthony Seaton Ridolfo Jr.
HACKMAN HULETT & CRACRAFT LLP
[e-mail]
Jessica Erin Routley
AZO SERVICES INC.
[e-mail]
Philip David Sever
SEVER STOREY LLP
[e-mail]

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Scott Roger Sikkenga
VARNUM RIDDERING SCHMIDT & HOWLETT LLP
[e-mail]
Tonny D. Storey
SEVER STOREY LLP
[e-mail]
Daniel Steven Tomson
MERCER BELANGER
[e-mail]
Mark R. Waterfill
BENESCH, FRIEDLANDER, COPLAN, & ARONOFF, LLP
[e-mail]
Zeff A. Weiss
ICE MILLER LLP
[e-mail]
Ronald L. Wilson
BADELL & WILSON
[e-mail]

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