Wallace B. Roderick Revocable Living Trust et al v. OXY USA, Inc.

Filing 181

MEMORANDUM AND ORDER directing that parties have until July 28, 2015 to re-file their initial briefs for pending Motions (Dkts. 105, 106, 107, 128). 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 John W. Fitzgerald, on
Behalf of himself and all
Others similarly situated,
Plaintiffs,
v.

Case No.12-1215-JTM-GEB

OXY USA 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’ Motions for
Partial Summary Judgment (Dkts. 105, 106, 107) and defendant’s Motion to Decertify
Class Action (Dkt. 128). The respective moving parties have until July 28, 2015, to re-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 parties have
until July 28, 2015, to re-file initial briefs for pending Motions (Dkts. 105, 106, 107, 128)
as detailed herein.

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

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