Rover Pipeline LLC v. Rohrs, et al

Filing 277

Order Granting motions for preliminary and permanent injunction as to Wayne Hardy.(Related Doc #272 ). The preliminary and permanent injunction hereby issued shall be effective upon acquisition of personal service of this Order, or, in the event Plaintiff, with due diligence, is unable to locate Mr. Hardy, upon placing a copy of the above described documents on each entrance to Mr. Hardys residence. This Order will remain in full force and effect until the Plaintiff has fully constructed its pipeline, and performed any necessary land remediation. (SEE ORDER FOR FULL DETAILS). Judge James G. Carr on 5/26/17. (C,D)

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

ROVER PIPELINE LLC,
Plaintiff,
vs.
BRIAN D. ROHRS , et al.
Defendants.

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Case No.:3:17-CV-00225
Judge: James G. Carr

ORDER

This matter came before this Court on a Motion for Preliminary and Permanent Injunction
(Docket No. 272) filed by Plaintiff Rover Pipeline LLC (“Plaintiff”) against landowner tenant
Wayne Hardy (“Mr. Hardy”). This matter was set for hearing on May 25, 2017, at 9:00 a.m. in
Courtroom 224 before the Honorable Judge Carr. Mr. Hardy failed to appear at the designated time
and place, despite having been personally served with the Order setting the hearing (Docket No.
273) personally on May 19, 2017. This Court conducted a phone conference with Plaintiff
represented by Bruce Moore on this matter and determined Mr. Hardy to be in default. Upon review
of the Motion filed by Plaintiff, the affidavits and evidence presented therein, and after hearing
arguments of counsel, this Court hereby GRANTS the Motion for Preliminary and Permanent
Injunction.
It is hereby ordered that:
(1.) The preliminary and permanent injunction hereby issued shall be effective upon
acquisition of personal service of this Order, or, in the event Plaintiff, with due diligence,
is unable to locate Mr. Hardy, upon placing a copy of the above described documents
on each entrance to Mr. Hardy’s residence located at 6674 Carpenter Rd., Defiance, OH
43512; and

(2.) Mr. Hardy is hereby restrained from in any way interfering with any of Plaintiff's
pipeline construction, operation, or maintenance activities. Mr. Hardy shall not engage
in any type of physical or verbal confrontation with Plaintiff's construction workers,
interfere with any of Plaintiff's construction activities, equipment, or engage in any
manner which is designed to harass, intimidate, disrupt, or otherwise impede
construction, operation or maintenance activities.
(3.) This Order will remain in full force and effect until the Plaintiff has fully constructed its
pipeline, and performed any necessary land remediation.

IT IS SO ORDERED.

5/26/17
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/s/ James G. Carr
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Date

Judge James G. Carr
Sr. U.S. District Court Judge

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