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)

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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 2

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