Lutz et al vs. Chesapeake Appalachia, LLC, et al.

Filing 127

Order: After the discussion held with counsel on 3/12/2015, the Court concludes that the motions for summary judgment (Doc. Nos. 114 and 118 ) should be, and hereby are, administratively denied, without prejudice to renewal at an appropriat e time. Further, the Court directs counsel to confer in good faith and to propose a draft order certifying the appropriate question(s) to the Ohio Supreme Court, taking care to frame the issues in a balanced and neutral way, and to conform the draft order to the directives of Rule of Practice XVIII. The order, in Word format, shall be emailed to the Court's law clerk by no later than noon on Friday, March 20, 2015. The Court will then work with counsel to finalize the order and thereafter issue a final certifying order. Judge Sara Lioi on 3/13/2015.(P,J)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION

REGIS F. LUTZ, et al.,

PLAINTIFFS,
vs.
CHESAPEAKE APPALACHIA, LLC, et
al.,
DEFENDANTS.

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CASE NO. 4:09-cv-2256

JUDGE SARA LIOI

ORDER

On March 12, 2015, the Court conducted an impromptu telephone conference
with counsel necessitated by the Court’s conclusion, after lengthy deliberations relating to the
parties’ pending cross-motions for summary judgment, that the primary question driving
resolution of this case is a question of state law that has not yet been definitively decided by the
Ohio Supreme Court. The Court advised counsel that it is inclined to certify question(s) pursuant
to Ohio Supreme Court Rule of Practice XVIII and elicited counsel’s views in that regard.
After that discussion, the Court concludes that the motions for summary judgment
(Doc. Nos. 114 and 118) should be, and hereby are, administratively denied, without prejudice to
renewal at an appropriate time.
Further, the Court directs counsel to confer in good faith and to propose a draft
order certifying the appropriate question(s) to the Ohio Supreme Court, taking care to frame the
issues in a balanced and neutral way, and to conform the draft order to the directives of Rule of
Practice XVIII. The order, in Word format, shall be emailed to the Court’s law clerk, Sharon
Derivan, at [e-mail] by no later than noon on Friday, March 20,

2015. The Court will then work with counsel to finalize the order and thereafter issue a final
certifying order.

IT IS SO ORDERED.
Dated: March 13, 2015
HONORABLE SARA LIOI
UNITED STATES DISTRICT JUDGE

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