Columbia Gas Transmission LLC v. Singh et al

Filing 31

OPINION AND ORDER ENFORCING SETTLEMENT. Finding as moot 2 Motion for Preliminary Injunction; finding as moot 6 Motion for Sanctions; finding as moot 8 Motion ; finding as moot 17 Motion to Dismiss for Failure to State a Claim; finding as moot 17 Motion to Dismiss for Lack of Jurisdiction; granting 19 Motion for Settlement; finding as moot 24 Motion for Order Suspending. Signed by Judge Algenon L. Marbley on 03/26/2012. (cw) (Additional attachment(s) added on 3/26/2012: # 1 Exhibit a) (cw).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION

COLUMBIA GAS TRANSMISSION,
LLC,
Plaintiff,
v.

KANWAL N. SINGH, et al.,
Defendants.

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Case No. 2:11-CV-485
JUDGE ALGENON L.
MARBLEY
Magistrate Judge Mark R. Abel

ORDER
For the reason set forth in this Court’s Opinion and Order on Plaintiff’s Motion to
Enforce Settlement of Injunction-Related Claims, (Doc. 19), the Court enters the following
order, which reflects the terms of the settlement reached between the parties in the abovecaptioned case:
i) Neither Defendants Kanwal and Lynn Singh, nor any tenant, successor or
assign of theirs, shall impair or impede the rights-of-way possessed by Columbia
for pipelines B-100 and B-115 by placing trailers, equipment, containers or other
objects in any portion of the rights-of-way that would impede Columbia’s use and
maintenance of the right-of-way. Consistent with applicable precedent in similar
pipeline cases, the Court finds the easement extends only such as is reasonably
necessary and convenient for the purpose for which it was created.
(ii) Defendants, their tenants, successors and/or assigns shall restrict any vehicles
which seek to cross over pipelines B-100 and B-115 on their Property to use only
the engineered cross-over locations shown on Drive Plan Phase 1 Drawing, dated
June 24, 2011 by P&L Systems, Inc.
(iii) Based upon these agreed-upon promises by the Defendants to refrain from
impairing or impeding the rights-of-way for lines B-100 and B115 in the future,
Columbia has agreed to dismiss its Complaint against the Singhs.
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The Court hereby DISMISSES Plaintiff’s Complaint WITHOUT PREJUDICE. The Court will
retain jurisdiction over the agreed upon matters set forth in this Order for purposes of
enforcement.
IT IS SO ORDERED.
s/ Algenon L. Marbley
Algenon L. Marbley
United States District Judge
Dated: March 26, 2012

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