Carter et al v. EOG Resources, Inc. et al

Filing 86

ORDER Clarifying Status of Parties. By Magistrate Judge Charles S. Miller, Jr.(KT)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHWESTERN DIVISION
Dawn Carter, as personal representative of
the Estate of Jereme Loydd Mortinson,
deceased, and Dawn Carter, on behalf of
the heirs and next of kin of Jereme Loydd
Mortinson, deceased,
Plaintiffs,
vs.
EOG Resources, Inc. and,
Crude Processing Inc.,
Defendants.

EOG Resources, Inc.,
Third-Party Plaintiff,
vs.
S&S Sales 2008, Inc.,
Third-Party Defendant.

S&S Sales 2008, Inc.,
Fourth-Party Plaintiff,
vs.
RES Investments, LLC,
Fourth-Party Defendant.

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ORDER CLARIFYING
STATUS OF PARTIES

Case No. 4:12-cv-003

On February 25, 2014, the court held a telephonic status conference to clarify which parties
remain in this action. Jeffrey Scott Weikum appeared on behalf of plaintiffs. Larry L. Boschee

appeared on behalf of defendant EOG Resources, Inc. Jason R. Vendsel appeared on behalf of
defendant CCS Midstream Services, LLC. Kasey D. McNary appeared on behalf of defendant
Crude Processing, Inc. Robert Stock appeared on behalf of defendant Halliburton Energy Services,
Inc. Tia C. Ghattas appeared on behalf of third-party defendant S&S Sales 2008, Inc. Thomas R.
Olson appeared on behalf of fourth-party defendant RES Investments, LLC.
On December 12, 2011, plaintiffs filed a complaint in state court in Williams County, North
Dakota naming defendants EOG Resources, Inc.; Crude Processing, Inc.; Superior Well Services,
Inc.; and Halliburton Energy Services, Inc. On December 15, 2011, plaintiffs filed an amended
complaint naming defendants EOG Resources, Inc.; Crude Processing, Inc. n/k/a/ CCS Midstream
Services, LLC; Superior Well Services, Inc.; and Halliburton Energy Services, Inc. The amended
complaint indicated that following the incident at issue, CCS Midstream, LLC (“CCS Midstream”)
acquired Crude Processing, Inc. (“Crude Processing”). CCS Midstream is now known as Tervita
LLC.
The case was removed to this court on January 10, 2012. When the case was docketed, CCS
Midstream and Crude Processing were added as a single defendant. However, during the status
conference, the parties clarified that CCS Midstream and Crude Processing were served as separate
defendants. The parties further clarified that attorney Jason R. Vendsel represents CCS Midstream
and attorneys Kasey D. McNary and Ronald H. McLean represent Crude Processing. The parties
agreed that plaintiffs’ claims against defendants EOG Resources and Crude Processing remain
pending and that plaintiffs’ claims against CCS Midstream, Superior Well Services, and Halliburton
were dismissed without prejudice pursuant to the court’s September 28, 2012 order adopting the
parties’ stipulation for dismissal. In addition, EOG Resources has a pending third-party claim

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against S&S Sales, and S&S Sales has a pending fourth-party claim against RES Investments.
Due to the limitations of the court’s electronic filing system, the court cannot create separate
defendant entries for Crude Processing and CCS Midstream at this stage of the proceedings.
However, the court will remove the entry indicating that Crude Processing was terminated as a party
on September 28, 2012, and future orders will reflect that Crude Processing and CCS Midstream are
separate defendants.
Dated this 25th day of February, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court

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