Mosser et al v. Denbury Resources, Inc. et al

Filing 91

ORDER adopting 90 Stipulation. By Magistrate Judge Charles S. Miller, Jr. (BG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Randall Mosser, Douglas Mosser,
Marilyn Koon, and Jayne Harkin,
Plaintiffs,
vs.
Denbury Resources, Inc., and Debury
Onshore, LLC,
Defendants.

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ORDER

Case No. 1:13-cv-148

On June 9, 2016, the parties’ filed a stipulation wherein plaintiffs agreed to dismiss their
trespass and nuisance claims and in return defendants agreed that they” will no longer oppose or
argue for the dismissal of Plaintiff’s claim for surface damages pursuant to N.D.C.C. ch. 38-11.1
based on Plaintiff’s alleged failure to notify Denbury of any alleged damages within two years as
required by N.D.C.C. § 38-11.1-07.”
The court ADOPTS the parties’ stipulation (Doc. No. 90) and dismisses plaintiffs’ trespass
and nuisance claims. The sole issue remaining is plaintiff’s claim for damages under N.D.C.C. ch.
38-11.1
IT IS SO ORDERED.
Dated this 10th day of June, 2016.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court