Rover Pipeline LLC v. Rohrs, et al

Filing 268

Order and Notice of Party Dismissal of Defendant Ohio Turnpike and Infrastructure Commission ( re #212 ). Judge James G. Carr on 5/11/17. (C,D)

It is so ordered.
s/James G. Carr
Sr. United States District Judge

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION

Rover Pipeline LLC,

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Plaintiff,
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Case No. 3:17-CV-00225
v.
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Judge James G. Carr
5.9754 Acres of Land, More or Less, in
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Defiance County, Ohio, et al.,
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Magistrate Judge James R. Knepp, II
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Defendants.
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STIPULATION FOR VOLUNTARY DISMISSAL OF DEFENDANT OHIO TURNPIKE
AND INFRASTRUCTURE COMMISSION FORMERLY KNOWN AS OHIO
TURNPIKE COMMISSION
NOW

COME

Plaintiff Rover Pipeline LLC (“Rover”) and Defendant Ohio Turnpike and

Infrastructure Commission formerly known as Ohio Turnpike Commission, (“Stipulating
Defendants”) (collectively, the “Parties”), pursuant to Fed. R. Civ. P. 41(A)(1), and enter into the
following Stipulation:
1.

The Parties stipulate and agree to the terms and conditions contained in that certain

permit to Rover Pipeline, LLC for Installation of a Natural Gas Transmission Line Within the
Turnpike Right of Way in Fulton County, Ohio at Milepost 29.2 attached as Exhibit “A”
(“Permit”). The Parties are in the process of executing and exchanging the signed Permit.
2.

The Parties further stipulate that any interim or final orders or judgments issued by

this Court or any appellate court in this civil action shall not be construed by any party as
invalidating and/or modifying the terms of or rights of either Party under the Permit.
3.

The Parties further agree that their respective rights, covenants and interests in the

property in connection with this civil action are detailed in the Permit. Subject to the terms of the
Permit, Stipulating Defendants do not object to Rover’s right to enter the property immediately for

tree felling and construction activities as approved by the Federal Energy Regulatory Commission
(“FERC”).
4.

Rover hereby dismisses all claims currently pending against Stipulating Defendants

in this action without prejudice.
5.

Notwithstanding any dismissal of the Stipulating Defendants or the action in

general, the Parties shall continue to remain subject to and bound by this Stipulation.
Respectfully submitted,
/s/Daniel L. Bey
Gregory D. Brunton (0061722)
/s/Jennifer L. Stueber, per email authority
Daniel J. Hyzak (0091298)
Jennifer L. Stueber (0066336)
Bruce A. Moore (0093334)
Ohio Turnpike and Infrastructure
Justin J. Koterba (0086535)
Commission
Daniel L. Bey (0088543)
682 Prospect St.
Reminger Co., L.P.A.
Berea, OH 44017
200 Civic Center Drive, Suite 800
[phone]
Columbus, OH 43215
[e-mail]
Telephone: [phone]
Counsel for the Stipulating Defendants
Facsimile: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
Counsel for Plaintiff
CERTIFICATE OF SERVICE
I hereby certify that the foregoing was electronically filed with the U.S. District Court,
Northern District of Ohio, on March 8, 2017, and served upon Plaintiff’s counsel and all other
parties who have appeared in this matter and registered with ECF via the court’s electronic filing
system.
/s/Daniel L. Bey
Gregory D. Brunton (0061722)
Daniel J. Hyzak (0091298)
Bruce A. Moore (0093334)
Justin J. Koterba (0086535)
Daniel L. Bey (0088543)

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