Wallace B. Roderick Revocable Living Trust v. XTO Energy, Inc.

Filing 340

MEMORANDUM AND ORDER directing that plaintiffs have until July 28, 2015 to re-file their initial briefs for pending Motions (Dkts. 278, 280, 282). Signed by Chief Judge J. Thomas Marten on 7/14/15. (mss)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
WALLACE B. RODERICK REVOCABLE
LIVING TRUST, Trustee Amanda
Roderick on behalf of itself
And all Others similarly
Situated,
Plaintiffs,
v.

Case No. 08-1330–JTM-GEB

XTO ENERGY, INC.,

Defendant.

MEMORANDUM AND ORDER
The Kansas Supreme Court recently addressed the scope of the “Marketable
Condition Rule” in Kansas gas well leases in Fawcett v. Oil Producers of Kansas, No.
108,666, 2015 WL 4033549 (Kan. July 2, 2015). The Fawcett ruling will likely impact
pending motions in this case. Therefore, the parties shall re-brief plaintiffs’ Second
Motion to Certify Class (Dkt. 278), Motion for Partial Summary Judgment on Leases
(Dkt. 280), and Motion for Partial Summary Judgment on Marketable Condition Rule
(Dkt. 282). Plaintiffs have until July 28, 2015, to file memoranda in support of each of the
above motions. A standard response and reply briefing schedule shall apply thereafter
according to D. KAN. R. 6.1(d).

IT IS ACCORDINGLY ORDERED this 14th day of July, 2015, that plaintiffs have
until July 28, 2015, to re-file initial briefs for pending Motions (Dkts. 278, 280, 282).

s\ J. Thomas Marten
J. THOMAS MARTEN, JUDGE

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